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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.