Agmt10 Recology San Mateo County

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• • 2805 C. Recycled Plastic. Contractor shall purchase Carts and Kitchen Pails that contain 2806 the minimum post- consumer content as specified in Attachment D. All Carts and 2807 Kitchen Pails shall be one hundred percent (100 %) recyclable. 2808 8.11 ANNUAL PERFORMANCE HEARING 2809 A. Objectives. Agency or SBWMA may hold a public performance hearing in April or 2810 May of each Rate Year, at which time Contractor shall be present and shall 2811 participate by making a presentation and responding to questions. SBWMA shall 2812 convene the hearing to address the positive and negative aspects of Contractor's 2813 overall performance. The purpose of the hearing may also involve discussion and 2814 review of technological, economic, and regulatory changes in Collection, waste 2815 reduction, Recycling, processing, and Disposal practices that can improve quality of 2816 service; increase waste reduction and diversion; and ensure services are being 2817 provided effectively and economically. Topics for discussion and review at the 2818 performance hearing shall include, but not be limited to: Contractor's 2819 accomplishments and compliance with various provisions of the Agreement, 2820 services provided, feasibility of providing new services, application of new 2821 technologies, Customer Complaints, possible amendments to this Agreement, 2822 developments in the Applicable Laws and regulations, new initiatives for meeting or 2823 exceeding waste reduction and Recycling goals, regulatory constraints, and 2824 Contractor performance. SBWMA and Contractor may each select additional topics 2825 - for discussion at the performance hearing. 2826 B. Process. Within sixty (60) Days of notification provided by Agency or SBWMA to 2827 Contractor of its intent to conduct a performance hearing, Agency or SBWMA will 2828 submit questions to Contractor pertaining to Contractor's performance and 2829 Contractor shall submit its written response within thirty (30) days. SBWMA and 2830 Contractor shall meet to discuss the questions and Contractor's response prior to 2831 submittal by Contractor. SBWMA and Contractor may request from one another 2832 information or documents related to the scheduled public hearing and SBWMA and 2833 Contractor shall provide such information promptly. 2834 In addition to Contractor's responses to the questions submitted by SBWMA, 2835 Contractor may be required to submit a self- assessment report of Contractor's 2836 performance and information pertaining to the following: 2837 1. Recommended Changes or New Services. Changes and /or new services 2838 recommended to improve Agency's ability to meet and /or exceed the Agency's 2839 waste reduction and recycling goals and those of the Act. 2840 2. Complaint Records. The reports required by this Agreement regarding 2841 Complaints shall be used as one basis for review. Contractor may submit other 2842 relevant performance information and reports for consideration. Agency may 2843 request Contractor to submit specific information for the hearing. In addition, 2844 any Person may submit comments or Complaints during or before the hearing, 2845 either orally or in writing, and these shall be considered. 2846 3. Action Plan. Contractor shall prepare and submit an action plan for improving 2847 and /or modifying its Collection services and other services if requested. 2848 Not less than ten (10) Business Days prior to the scheduled hearing date, SBWMA 2849 and Contractor shall exchange any written reports and other documents that will be Franchise Agreement for Collection Services with Recology San Mateo County City of Redwood City ATTY /AGR/2010.014 040510 Page 70 of 115