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Name of Recipient <br /> Agreement No.: XX-XXX-550 <br /> Project No.: C-06-XXXX-XXX <br /> (a) At least ninety-five percent (95%) of the compensation for services for each annual period during <br /> the term of the contract is based on a periodic fixed fee which is a stated dollar amount for <br /> services rendered for a specified period of time. The stated dollar amount may automatically <br /> increase according to a specified objective external standard that is not linked to the output or <br /> efficiency of a facility, e.g., the Consumer Price Index and similar external indices that track <br /> increases in prices in an area or increases in revenues or costs in an industry are objective <br /> external standards. A fee shall not fail to qualify as a periodic fixed fee as a result of a one (1) <br /> time incentive award during the term of the contract under which compensation automatically <br /> increases when a gross revenue or expense target(but not both) is reached if that award is a <br /> single stated dollar amount. The term of the contract, including all renewal options, must not <br /> exceed the lesser of eighty percent(80%) of the reasonably expected useful life of the financed <br /> property and fifteen (15) years(twenty (20) years for"public utility property"within the meaning <br /> of Section 1680)(10) of the Code); <br /> (b) At least eighty percent(80%) of the compensationfotservices for each annual period during the <br /> term of the contract is based on a periodic fixed fee. The term of the contract, including all <br /> renewal options, must not exceed the lesser of eighty percent(80%)'of the reasonably expected <br /> useful life of the financed property and ten (10)years. A one(1)time incentive award during the <br /> term of the contract similar to the award des gibed in subsection (a) above.is permitted under <br /> this option as well; <br /> Nv <br /> (c) At least fifty percent(50%) of the compensation for services for each annual period during the <br /> term of the contract is based on a periodic fixed fee'or aloof the compensation for services is <br /> based on a capitation fee or combination bf.a periodic fixed,fee and a capitation fee, A <br /> capitation fee is a fixed periodic amount for,ethch,person for whom the service provider or the <br /> Recipient assumes the responsibility to provide all needed services for a specified period so long <br /> as the quantity and type ofservices actually provided to-covered )Persons vary substantially; e.g., <br /> a fixed dollar amounfpayable,per month to a service provider for each member of a plan for <br /> whom the provider agrees to provide all needed-services for a specified period. A capitation fee <br /> may include a variable component of up to twenty percent(20%)of the total capitation fee <br /> designed to protect the service provider againstrisks such as catastrophic loss. The term of the <br /> contract including all renewal options,..must not exceed five(5) years. The contract must be <br /> terminable by the Recipient on reasonable\notice without penalty or cause, at the end of the third <br /> //year-Of the contract;\ <br /> • <br /> (d) ofthe compensation for services is based on a per-unit fee or a combination of a per-unit fee <br /> and.a periodic fee. A'per-unit feels defined to mean a fee based on a unit of service provided <br /> as specked in the contractor otherwise specifically determined by an independent third party, <br /> such as the administrator of the program or the Recipient; e.g., a stated dollar amount for each <br /> specified procedure performed, car parked or passenger mile is a per-unit fee. The term of the <br /> contract, includirig,all renewal options, must not exceed three(3) years. The contract must be <br /> terminable by the Recipient'on reasonable notice, without penalty or cause, at the end of the <br /> second year of thecontract term; or <br /> (e) All of the compensation for services is based on a percentage of fees charged or a combination <br /> of a per-unit fee and a percentage of revenue or expense fee. During the start up period, <br /> however, compensation may be based on a percentage of gross revenues, adjusted gross <br /> revenues, or expenses of a facility. The term of the contract, including renewal options, must not <br /> exceed two (2) years. The contract must be terminable by the Recipient on reasonable notice <br /> without penalty or cause, at the end of the first year. This type of contract is permissible only <br /> with respect to contracts under which the service provider primarily provides services to third <br /> parties, and management contracts involving a facility during an initial start-up period for which <br /> there have been insufficient operations to establish a reasonable estimate of the amount of the <br /> 18 <br />