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. b. �7'��• � <br /> Hearing Board Findings . P89@ 2 <br /> report entitled "Report for South Bayside Waste Management Authority Performance Hearing, <br /> BFI of San Mateo County", dated Novemher 3, 2004 icopy attached as "Attachment B"). Both <br /> of these documents were distributed to the Heari.ng Board members, SBWMA staff, BFI staff <br /> and the public prior to the hearing. SBWMA staff presented their find.ings at the Hearing, and <br /> after each presentation, BFI was given an opportunity to comment. Public comment also was <br /> solicited after each presentation. <br /> HearinQ Board's Findines: <br /> Onerating Agreement: • <br /> 1. Diversion Requirement — This requirement was nae� <br /> Basis for finding: <br /> a) BFI was required to divert at least 20,874 tons per yeaz from the Transfer Station. <br /> b) BFI's diversion programs were very successful and exceeded the Transfer Station <br /> diversion requirement. <br /> 2. Liquidated Damages - This requirement w�rs met <br /> Basis for ftnding: <br /> a) The agreement confained provisions for the assessment of liquidated daffiages. <br /> b) BFI was not assessed liquidated damages and met the objectiv� criteria of not having <br /> been assessed in any single year, liquidated damages in excess of 0.5% of any year's <br /> revenue requirement. <br /> 3. Timeliness of Payments - This requirement was meP. <br /> Basis for frnding: ' <br /> a) BFI was tunely on their payment of fees to the SBVVMp,, - <br /> 4. BFI Officials not being guilty of felony or civil penalty — T&is requirement was met. <br /> Basis for finding: <br /> a) BFI met their basic contractual obligation with regazds to the non-criminal behavior <br /> of its officiais. <br /> 5. Customer Satisfaction - This requirement was inet <br /> Basis for finding: <br /> a) The agreement requires BFI to be rated.above 80% customer satisfaction. <br /> b) BFI achieved the customer satisfaction requirement based on the customer <br /> sa�isfaction survey conducted for the SBWMA�- <br /> 6. Rate Comparability — This requirement was me� <br /> Basis for f nding: <br /> a) The rates shall fall within the 75�' percentile of all rates in the San Francisco Bay Area <br /> for similar services (adjusted for differences in landfill disposal rates, government <br /> fees, programs, etc.) as determined through a survey of rates conducted by the <br /> SB WMA. <br /> b) The SBWMA conducted a survey of�arbage rates in the Bay Area. Based on that <br /> survey, BFI's rate$ fall within the 75 percentilc of all rates in the Bay Area. <br />