HomeMy WebLinkAbout10 FED DIS SVC PERF 12-16-02AGENDA REPORT
NO. 10
12-16-02
MEETING DATE:
DECEMBER 16, 2002
TO:
WILLIAM A. HUSTON, CITY MANAGER
FROM:
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT:
FEDERAL DISPOSAL SERVICE CONTRACT PERFORMANCE
SUMMARY
The City's Solid Waste Franchise Agreement with Federal Disposal Service provides for the City
to hold a public hearing on or about the two year anniversary of contract commencement and
annually thereafter to review the performance of the contractor. Staff is recommending that the
City Council conduct a public hearing on February 18, 2003 to review the performance of the
City's franchise solid waste service provider, Federal Disposal Service.
RECOMMENDATION
Staff recommends that the City Council set a public hearing for the regular meeting on February
18, 2003 to conduct a review of contract performance by Federal Disposal Service.
FISCAL IMPACT
There is no fiscal impact associated with this item.
BACKGROUND
Article 7 of the Integrated Solid Waste Management Services Franchise Agreement between the
City and Federal Disposal Service provides for the City to conduct a formal review of contract
performance on or about the two year anniversary and annually thereafter. The purpose of the
hearing is to provide for a discussion and review of technological, economic, and regulatory
changes in waste collection, source reduction, recycling, processing and disposal to achieve
contractual and regulatory compliance and to ensure services are being provided with adequate
quality, effectiveness and economy. The contract requires the City to provide a 45 day notice to
Federal Disposal Service to prepare and submit relevant documentation. A schedule and the
applicable section of the franchise agreement are attached.
Tim D. Serlet
Public Works Director
jA~~ar~n ag e r
Public Works Department
ANNUAL SOLID WASTE .REPORT SCHEDULE
45 DAY NOTICE TO FEDERAL DISPOSAL SERVICE
CITY CONDUCTS PUBLIC HEARING
CITY PREPARES FOLLOW UP REPORT (OPTIONAL)
DECEMBER 17, 2002
FEBRUARY 18, 2003
APRIL 18, 2003
7.1
ARTICLE 7
REVIEW OF SERVICES AND PERFORMANCE
Performance Hearing
The City may hold a public hearing on or about the two year anniversary of the start of
this Agreement, and annually thereafter, at which time the Company shall be present
and shall participate, to review the Solid Waste Collection, source reduction, processing
and other diversion services and overall performance. The purpose of the hearing is to
provide for a discussion and review of technological, economic, and regulatory changes
in Collection, source reduction, Recycling, processing and Disposal to achieve a
continuing, advanced Solid Waste Collection, source reduction and Recycling and
Disposal system; and to ensure services are being provided with adequate quality,
effectiveness and economy.
Forty-five (45) days after receiving notice from the City of a Solid Waste Services and
Performance Review Hearing, the Company shall, at a minimum, submit a report to the
City indicating the following:
a)
Changes recommended and/or new services to improve the City's ability to meet
the goals of AB 939 and to contain costs and minimize impacts on rates.
b) Any specific plans for provision of changed or new services by the Company.
The reports required by this Agreement regarding customer complaints shall be used as
one basis for review. The Company may submit other relevant performance information
and reports for consideration. The City may request the Company to submit specific
information for the hearing. In addition, any customer may submit comments or
complaints during or before the hearing, either orally or in writing, and these shall be
considered.
Topics for discussion and review at the Solid Waste Services and Performance Review
Hearing shall include, but shall not be limited to, services provided, feasibility of
providing new services, application of new technologies, customer complaints,
amendments to this Agreement, developments in the law, new initiatives for meeting or
exceeding AB 939's goals, regulatory constraints and the Company performance. The
City and the Company may each select additional topics for discussion at any Solid
Waste Services and Performance Review Hearing.
Not later than sixty (60) days after the conclusion of each Solid Waste Services and
Performance Review Hearing, the City may issue a report. As a result of the review, the
City may require the Company to provide expanded or new services within a reasonable
time and for reasonable rates and compensation and the City may direct or take
corrective actions for any performance inadequacies.