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<br />~4A-a <br /> <br />WHEREAS, the parties contemplated that the Original Agreement should be <br />extended from December 31, 2006 to December 31, 2009, conditioned on the City's <br />affirmative evaluation of the BFl's performance in following certain areas: <br /> <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 /> <br />B. BFI has not been delinquent by more than thirty (30) days in any payment <br />to City; and <br /> <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 /> <br />D. BFI has implemented the diversion programs specified in this Agreement <br />and those developed in accordance with Section 2.09, in accordance with the <br />schedule established between the City and BFI; and <br /> <br />E. Although BFI has not achieved the diversion program guarantees <br />described ,in the Agreement, the City has agreed to waive BFt's failure to <br />perform to the standard established in the Agreement; and " <br /> <br />F. BFI has been rated above 80% satisfaction by respondents to a customer <br />satisfaction survey conducted by the SBWMA and agreeãto as to fom by BFI; <br />and' <br /> <br />G. BFl's rates fall within the 75th percentile of all rates in the San Francisco <br />Bay Area for similar services (adjusted for differences in landfill disposal rates, <br />government fees, programs, etc.) as determined through a survey of rates <br />conducted by the SBWMA.; and <br /> <br />H. The City has found that BFI's Performance has been reviewed and <br />determined to be satisfactory; and <br /> <br />WHEREAS, the Original Agreement contemplated that the City may wish to <br />extend the term of the Agreement beyond the December 31, 2009 termination date of <br />the initial contract extension, for a period of one to seven years in increments of at least <br />12 months; and <br /> <br />WHEREAS, the City wishes to extend the Original Agreement for one additional <br />year to December 30, 201O; and <br /> <br />Atty/Ord/Ord,235 <br />053105 <br /> <br />3 <br />