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� ��- �z <br /> . , <br /> WHEREAS, the parties` contemplated that the Original Agreement shouid be <br /> extended from December 31, 2006 to December 31, 2009, conditioned on the City's <br /> affirmative evaluation of the BFI's performance in following certain areas: . <br /> A. City has not assessed BFI, in any single year, liquidated damages in <br /> excess of 0.5% of any year's revenue requirement as established in <br /> accordance with Article 6 of the Agreement; and <br /> B. BFI has not been delinquent by more than thirty (30) days in any payment, <br /> to City; and <br /> C. BFI has not had officials, with supervisory, management, or administrative <br /> responsibility for the performance of services performed under this Agreement, <br /> found guilty of a felony or liable for a civil penalty in excess of $25,000 related <br /> to their duties under this Agreement or any agreement with a municipal agency � <br /> in the State of California; and <br /> D. BFI has implemented the diversion programs specified in this Agreement <br /> and those developed in accor�ance with Section 2.09, in accordance with the <br /> schedule established between the City and BFI; and � <br /> E. Although BFI has not achieved the diversion program guarantees <br /> described in the Agreement, the City has agreed to waive BF''s failure to <br /> perform to the standard established in the Agreement; and <br /> F. BFI has been rated above 80% satisfaction by respondents to a customer <br /> satisfaction survey conducted by the SBWMA and agreed to as to form by BFI; <br /> and <br /> G. BFI's rates fall within the 75�' percentile of all rates in the San Francisco <br /> Bay Area for similar services (adju5ted for differences in landfill disposal rates, <br /> government fees, programs, etc.) as cietermined through a survey of rates <br /> conducted by fhe ��WMA.; and <br /> H. The City has found that QFI's Performance has been re�iiewed a�d <br /> determined to be satisfactory; and <br /> WH�REA�, the Original Agreement contemplated that the City may wish to <br /> extend the term of the Agreement beyond the Decemb�r 31, 2009 termination date of <br /> the initial contract extension, for a per+ad of one to seven years in increments of at least <br /> 12 months; and <br /> WHEREAS, the City wishes to extend the Original Agreement for one additional <br /> year to December 30, 2010; and <br /> Atty/Ord/Ord.235 <br /> 053105 3 <br />