HomeMy WebLinkAbout2001-07-24 - AGENDA REPORTS - AUDIT-SOLID WASTE FRANCHISE (2)CITY OF SANTA CLARITA
AGENDA REPORT
UNFINISHED BUSINESS
DATE: July 24, 2001
City Manager Approval:
Item to be presented by: ameron Smyth
SUBJECT: SCOPE OF WORK FOR AUDIT OF SOLID WASTE HAULERS
FRANCHISE AGREEMENT
DEPARTMENT City Council
RECOMMENDED ACTION
City Council review, discuss, and approve the final proposed scope of work for audit of solid
waste haulers franchise agreements.
Authorize the Council Audit Committee to coordinate the preparation and distribution of a
Request for Proposal (RFP) to qualified audit firms with assistance from the Administrative
Services Department.
Upon receipt of the proposals from the audit firms, City Council will select a qualified audit
firm.
BACKGROUND
City Council has authorized the Waste Hauler Audit Committee to prepare all
documentation for a forensic audit of the City's waste haulers. It was determined that all
discussions regarding the preparation of the Request for Proposals (RFP) be conducted as
part of the regularly scheduled Council meeting.
As a result; at the July 10 Council meeting, the City Council reviewed a list of franchise
areas that should be audited, based on suggestions from both the Waste Hauler Audit
Committee and the City Attorney's Office. It was determined after Council discussion that
the suggested areas would be incorporated into a final draft document for the Council,
public, and staffs review. Due to the need to conduct the audit in a timely manner, a
special meeting must be held during the City Council's regularly scheduled summer break.
The intent of the meeting is to finalize all documentation necessary to initiate a forensic
audit of the City's waste haulers.
Agenda Item:
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ALTERNATIVE ACTIONS
Other action as determined by the City Council.
FISCAL IMPACT
There is no financial impact to the City by issuing a Request for Proposal. At the July 10
City Council meeting, the Council committed $50,000 to hiring an audit firm. The waste
haulers have tentatively committed an additional amount upon acceptance of the Scope of
Work.
ATTACHMENT
Scope of Work.
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WASTE HAULERS AUDIT
PROPOSED SCOPE OF WORK
AGREED UPON ITEMS:
Use of "Big 5" accounting firms: KPMG, ERNST and YOUNG, DELOITTE and
TOUCHE
Length of Audit: 90 days (can be extended at Council's discretion)
Reporting Procedures: Auditor to work directly with Council or through the Solid
Waste Committee. Council retains ability to include additional questions
throughout course of the audit. City staff not to initiate any contact with or
inquiries to the auditor.
Goals of Audit: 1) Determine whether each hauler is properly performing the
terms of its contract
2) Determine if the public is paying the appropriate rate for the
service received
A) Did haulers provide accurate and appropriate information
in setting trash rates
B) Did City Staff properly and diligently monitor rate - setting
practices
3) Be certain no legitimate opportunities to reduce the rates to
the public were ignored or not brought to the attention of the
Council
Financial Review:
*Review all reports and correspondence submitted to the City by the franchisees
regarding rates, franchise fee payments, increases in rates, solid waste collection
and recycling reports, cost of programs requested by City.
*Determine whether all reports required by franchise agreements were submitted
and whether rates were consistent with rates specified in agreements. Review
City's internal staff reports and responses to franchisees reports and request for
adjustment of rates.
*Review records (City and Haulers) used in determining the method in which
rates were set for residential and commercial including:
1) Rates and adjustments charges for each month of service
2) Determine total fees generated each year for each classification
3) Personnel and equipment costs
4) Obtain non posted fees (rebates)
*Verify quantity of waste reported as having been collected and disposed during
designated period. Review following documents:
1) Landfill gate tickets
2) Customer list
3) Listing of trucks (by number;
4) Truck route sheets
5) California Integrated Waste
attributed to City
used to collect waste in City
Management Board reports of solid waste
*Review political donations made within the service area
*Determine whether the Haulers collected commingled loads and if so, how was
the waste allocated to the jurisdiction of origin
*HF&H Report
1) was it improperly influenced
2) was it ignored/followed
3) Did May 1999 agreement regarding tipping fees follow law
*Determine average quantity of waste collected from each residential account in
City. Compare total amount of residential solid waste and total number of
residents served
*Review of tipping fees
1) Determine any fluctuations in fees charges to the haulers by landfill operators
2) Compare tipping fees paid by haulers for residential solid waste collected to
the posted tip fees in effect at landfill.
Management Review:
*Review of all contracts:
1) Including drafts and internal memo's to determine if all stipulated costs are
correct and adhered to
2) Are contracts fair considering market risk vs. conditions
3) Records used when rates were set
4) Review qualifications of consultants
*AB 939 compliance
1) Fines and penalty exposure
2) Recourse
3) Discuss with state and county officials
4) Review waste diversion/yard trimming
5) Green Waste program and rate adjustments in
6) Peer review of staff study on recycling levels in
diversion reporting system
*Interview with appropriate personnel
Review Process
1) Review comparable cities
2) Were best practices followed
3) Obtain minutes from 1995-96 Hauler meetings
1996
City and current waste
*Complete Review of Joannes case to investigate only allegations made
regarding the potential reduction in fees
ITEMS FOR FURTHER DISCUSSION:
1) Type of Audit: Forensic
1) Substantive
2) Compliance
2) Years of Audit
1) 1991
2) 1996
3) Companies to be included:
1)
Blue Barrel
2)
Santa Clarita Disposal
3)
Atlas
4)
Republic
5)
Waste Management
4) Entertainment Expenses
5) Cost to City