AgdaPkt 2005-06-06 - Laserfiche WebLink

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� ��' � Hearing Board Findings Page 4 2. Liquidated Damages — This requirement was me� Basis for finding: a) The agreement contai.ned provisions for the assessment of liquidated damages for failure to perform. b) BFI was assessed liquidated damages for failure to meet the diversion requirement in 2002 and 2003. The amount of assessed liquidated damages did not exceed the objective criteria of 0.5% of any year's revenue requirement. 3. Timeliness of Payments - This requirement was me� Basis for�nding: a) Based on a survey of jurisdicrions, BFI has met the requirement of timely payments. 4. BFI Officials not being guilty of felony or civil penalty - This requirement was me� Basis for�nding: a) BFI met its basic contract�ial obligations with regazds to the non-criminal behavior of its officials. 5. Customer Satisfaction - This requirement was met , Basis for find�ng: � � a) The agreement requires BFI to be rated above 80% customer satisfaction. b) The SBWMA hired an independent firm to conduct a customer satisfaction survey of residential and commercial customers wit�in the service area. From that survey, BFI received an 86% satisfaction rating from residents (4.5% maximum sample mazgin, statistic ranges from 82%-91%) and a 76% satisfaction rating from commercial � customers (6.4% maa:i.mum sample margin, statistic ranges from 70%-83%). Based on the statistically valid sampling mazgin, BFI appeared to have met the minimum standards outlined in the Collection Agreement. c) The SBV�MA expressed concem with BFI's customer service and coinmissioned a studv in �003 to evaluate BFI and provide recommendaYions to improve its performance. Several of the recommendadons from the study stiIl have not been implemented. SBWMA continues to menitor these service problems as BFI works to improve customer service. 6. Rate Comparability - This requirement was met for nine of the hvelve jurisdictsons. Basis for finding: a) The rates shall fall within the 75` percentile of all rates in the San Francisco Bay Area for similaz services (adjustsd for differences in landfill disposal rates, government fees, programs, etc.) as determined through a survey of rates conducted by the SBWMA. b) The SBWMA conducted a survey of ga.*bage rates in the Bay Area. Based on that survey, BFI's rates fall within the 75`� percentile established by the Collection agreements, except for the cities of Atherton, East Palo Alto and I3illsborough. Each of these jurisdictions appear to have rrates that aze in excess of the revenue requirement and if adjusted, may fall within the 75` percentile.