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Exh 8GAGRNDA ITEM #SG NOVEMBER 14, 2005 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Extension of the Existing Contract with Waste Services of Florida for Solid Waste Services SUBMITTED BY: Rick Carper, Public Works Director~~ DATE: October 31, 2005 BACKGROUND: Waste Services of Florida, Inc. (WSF) has been the City's Waste Contractor since January 2004, after acquiring the Florida assets of Browning Ferris Industries (BFI). BFI had been the City's Waste Contractor since February 2001. The existing contract expires May 31, 2006, but may be extended for additional five-year terms at the City's option (Section 6.1-attachment 1). Written notice of intent to extend must be provided to the Contractor not less than 180 days prior to expiration of the current term (Deadline for receipt of notification is Dec. 1 S~, 2005). The existing contract includes annual cost increases pegged to the Consumer Price Index. In the four years since inception, waste removal unit charges have increased by 8.4%. Curbside (residential/ small commercial can pick-up) accounts have increased from 4,716 to 4,966. Also, in July, the Commission authorized payment of a Fuel Surcharge as a result of substantial increases in fuel costs. For the month of September, this surcharge increased WSF's operating revenue by 7.58%. Comparing February 2001 to September 2005, total monthly operating revenue has increased from $63,960 to $85,071; a 33% increase. This increase includes the CPI adjustments, the fuel rate surcharge and increases in the number of accounts being serviced. WSF will be eligible for an additional CPI adjustment in February 2006. . Informal liaison by Staff with surrounding municipalities (see attachment 2) and with waste franchisees has yielded the conclusion that, should the City decide to rebid the Sanitation contract, we could expect to see rates up to 25% higher than current costs if the City chooses to rebid the contract.. Waste Services of Florida has written to the City indicating their desire not to renew the current contract, because of ongoing operational losses (attachment 3). They have indicated their AGENDA ITEM #SG NOVEMBER 14, 2005 intention to uphold the contract if the City chooses to extend and also indicated they would like to submit a bid if the City chooses to go out for bids again. Neptune Beach, which also uses Waste Services and has a contract expiration date the same as ours, has already notified the hauler of their intention to re-bid. Advantages /Disadvantages of Extending Current Contract: Pro: Price Stability Professional working relationship Excellent, responsive service Con: Contractor does not want to renew -losing money; will service le~rel remain high? (*) Fleet age -Contractors fleet is at the maximum average age allowed by the contract (fleet average not more than three years old, no equipment over seven years old) -will require substantial capital to modernize fleet. * Contract has a Liquidated Damages Section, which allows the City to deduct penalties from monthly payments. Also Section 6.K of the contract allows the Commission, following notice of default, to cancel the contract. If cancelled, the City may "... take over the work and take possession, without further notice to the Contractor and without judicial proceedings, of any and all equipment of the Contractor ..." Advantages /Disadvantages of ReBidding Contract: Pro: Allows a new, competitive contract with price acceptable to all. Potential for including modern collection methods (e.g., automated waste collection) as cost containment measures. Con: Substantial price increase likely Probable service level change (one day a week collection possible). Having to rebuild a professional working relationship with new contractor (previous contractor before BFIIWSF was a nightmare to work with). Regardless of the choice to renew or rebid, Staff expects a rate increase for Sanitation Services will be required in the near future. BUDGET: Funds are budgeted in Sanitation Account 420-4201-534-3401 (Pickup and Haul Contract - $985,635). When the budget was submitted in June, Staff anticipated a 3% CPI increase for the year. AGENDA ITEM #SG NOVEMBER 14, 2005 The actual CPI increase is expected to be 4.5% to 5%. Combined with a fuel surcharge that is expected to average $6,000 per month ($3,400 budgeted}, Staff anticipates a shortfall of about $50,000. This is a 5.1 % increase over the amount budgeted. RECOMMENDATION: Staff opinion is split on recommending extension of the existing contract or rebidding. The current excellent level of service and professional working relationship between the City and the operational staff at WSF is the driving force for renewal. However, if the Commission elects to renew, Staff also recommends the City Manager be authorized to investigate operational enhancements of existing collections procedures (such as Automated / Semi- Automated Pilot Programs), with the intention of sharing any cost benefits attained between the Contractor and the City. Enhancements determined to be cost effective or more efficient will be brought back to the Commission for approval. If the Commission chooses to rebid the Sanitation Contract, Staff recommends the Commission designate a base or minimum acceptable level of service, with enhancements to that level to be included as Additive Alternates in the Bid documents. ATTACHMENTS: Excerpt from Annual Sanitation Contract dated February 15t, 2001 (Section 6, Paragraph I. and K.) Spreadsheet comparing other local waste removal prices Letter dated October 25, 2005 from Waste Services of Florida REVIEWED BY Ci i Y iJIANAGER: AGIrNDt1 ITEM #8G NOVEMBER 14, 2005 Contractor fail to remove the the refuse and the City shall - . next scheduled payment. G. TAXES refuse, the City will remove deduct costs incurred from the The Contractor shall pay all federal, state and local taxes, to include sales tax, social security, workmen's compensation, unemployment insurance, and other required taxes which may be chargeable against labor, material, . equipment, real estate and any other items necessary to and in the performance of this contract. H. ,CITY NOT LIABLE FOR DELAYS It is expressly agreed .that in no event shall the City be liable or responsible to the Contractor or to any other person on account of any stoppage or delay in the work provided for herein, by injunction or other legal or equitable proceedings brought against, the Contractor, or from or by or on account of any delay ,from any cause over which the City has no control. I. EXTENSION OF CONTRACT J. The initial term of this contra additional five (5) 'year terms, City notifies the Contractor in days•prior to the expiration of. City's intention to extend this and conditions. .t may be extended for . at the option of the City if writing, not less than 180 the initial term, of the contract at the same terms SCHEDULE OF' PAYMENTS Z. For and in consideration of the services to be performed by the Contractor pursuant to this agreement, the City agrees to make payments to•the Contractor as • •follows: ' (a) Commercial: end of the month payments shall be . computed by multiplying the total monthly commercial yardage collected by .the rate of (Bid price) per cubic yard for containerized, (Bid ~~ Price) per roll off, plus disposal fees, Bid Pricel per customer per four (4) cans for hand pick up, and iBid Pricel per cubic yard for•yard waste, (Bid Pricel per pull for roll compactor plus disposal. • 21 AGENDA ITEM #SG NOVEMBER 14, ?005 (b) Residential: end of the month payments shall be computed by multiplying the initial number of residential units in the service area times Bid Price per household for garbage, .fBid Price) for recycling, and fBid Price) for yard waste. (c) Multi-family residential recycling: end of the month payments shall be computed by multiplying the initial number of units in the service area times (Bid Price) per unit. . Contractor shall provide t: commercial account, volume and such other information first ~ (1st) of each month. be made on a monthly basis the twentieth (20th) of the payment .covers. e City records identifying the of collection, type of container as requested by the City on the Payments to the Contractor will with the first payment made by, month following the month the K. CANCELLATION OR ANNIILMENT OF CONTRACT The Contractor and the City recognize that it is of paramount importance that the contract be performed and the individual customers receive service. If the Contractor fails to begin work at the time specified, or fails to ' perform the work with sufficient number of workmen and sufficient and adequate equipment to insure the proper and substantial performance of said refuse collection work, or performs the work unsuitably, or discontinues the prosecution of the work or any portion thereof,. or for any other cause whatsoever, excepting only acts of God, does not carry-on the work as. aforesaid, or if the .Contractor becomes insolvent or declares bankruptcy or commits any act of barJcruptcy or insc~lvPncy, or allows any final judgement for the payment of money to stand against him unsatisfied, and if the City, through its Public Works Director, gives notice of such default, and the Contractor or his surety fails to cure such default within seven (7) days after giving of such notice by the City, then the City may thereupon, by action of the City Commission, declare the contract • canceled.' Upon declaration of cancellation, the City may,• at no cost to the•City or compensation to~the Contractor, take over the work and take possession, without further notice to the Contractor and without judicial proceedings, of any~and all equipment of the Contractor and operate the same in performance of the work and services described in this contract for the unexpired term of the contract, or for a period of three (3) months, whichever the~City elects, or the City may enter into agreements with others for their performance of the work and services herein contracted for. 22 _ , ., _ . . AGENDA ITEM #SG NOVIJMBER 14, 2005 Such cancellation of the contract shall not relieve the Contractor or the surety of liability for failure to faithfully perform this contract, and in case the expense incurred by the City in performing or causing to be performed the work and services provided for in this contract shall exceed the bi.d price of the Contractor, as provided in this contract, then the Contractor (and the surety to the extent•of its obligation) shall be liable to the City for said amount. Contractor's surety or security will not be released until such time as the term of this contract would otherwise have expired. L. OPERATION DIIRING DISPIITE In.the event the City has not cancelled the_.contract in accordance with the terms provided above, and there remains a dispute between the Contractor and the City, the Contractor agrees to continue to operate and perform under the terms of this contract while said dispute is pending, and agrees that~in the event a suit is filed for injunction or other relief to continue to operate the system until the final adjudication of the court. SECTION 7 - QUALITY OF SERVICE A. CHARACTER OF WORKMEN AND EOIIIPMENT • _ The direction and supervision of refuse collection and . disposal and salvage operations shall be by 'competent, . gL~alified and GobPr personnel, and the Contractor .shall. devote sufficient personnel, time~and attention to the direction of the operation to assure performance• satisfactory to the City. All subcontractors, superintendents, foremen and workmen employed~by the Contractor shall be careful and competent. The Contractor shall. also provide uniforms with T.D. badge, said badge. - ~ shall be turned over to the City upon termination of the employee. All employees used by the Contractor during the terms of this agreement, shall be of a standing or affiliation that will permit the Contractor's performance herein to be carried on harmoniously and•without~delay, and in no case, or in any circumstances, will such employees _ cause any disturbance, interference or delay to any.work or service rendered to the City or by the City and in no case or in any circumstances will the employees conduct themselves negligently, disorderly or dishonestly in the due 23 AGENDA ITEM #8G NOVEMBER 14, 200 ~ m n ' m ~ ~ O ~ O O ' O N m 7 ~ ~ _ o ~ Z 07 - W D Q] ~ ~ ~ N ~ C ~p ~ O C1 S C N y _• ~ Efl d ~ n ~ ~ ~ a ~ ~ fA j fA ~ ffi ~ ~ ro ~ _ O ..A ~ C • O O ~p .J N j ~ CD ( , r~ ~ 7C t0 ~ O .+ ~ n O 'a O ~ C (D ~ fA N D _. N ip Efl Efl fA fD ffl fA O W tD -~ ~' O rt 2 ~ `° 1 n 7 ~ ~ 0 fD O ~ v ~ al d N C Cf O 61 ~ [D ~ O C ~ ~ EA (A N { H N "p ' U f9 ~ ~ ~ y n * ~ rt fD • O o i N r i C =°~ O ~ ~ ~ ~ J 0 ' A. O ~ 0 ~ 0 * j 1 N ~ O O QI O 1 -+ C ~ ~ x ~ O `- ~ m ~ ~ ~ ~ mm ~ c ~ a v m m ~ ~ ~ O ' ~ ~ (~'D O J O O y rt .. C ) 1 O ~ QI O ~ O O ~ n ~ ~7 ' ~ C7 CJ C7 * W ~] (7 S C7 m 3 n > c > O ~ ~1 m~ N o ~ ~ `~ -. m ~ ~ L C ~ C ~ ~ ~ o am a ~ a~ fn m _a;o n m ~ ~ sv "D ~ m n~ ~ ~ m .n ~ m ~ ~ ~ ~ ~ N d a ~ C ~ ~ 1 ~~ L ^ C C ~• 61 n ~ ~• fA ~ (t1 ~ N ~ < ~ ~ Q. Q~ ~ N ~ O ~ ~ N CD Q7 fa O 7O ...• fn t11 Ul ""~ ~ 1 Ul v ~ C ~ n ~ m y c°n ~ n. ° ~ m °- O ~ ~ y ~ vi m '."" C O (D ~ n y~ IV' d i .D CA fD 3 "'. N ~ O ~ cn = a fr, m r. o m d o, ~ N ^~ ~ a ~ ~ ~ ~ ^ m ~ ~ ~ n n m a v , ~ ~ (~ S ~ = V ~ (n ~ 1 ~ ~ C (0 ~ ~ ~ (~ C1) (p ~ 1 OJ .C G C I ~ ~ ~ ~ O n AGENDA ITEM #8G NOVEMBER 14, 2005 SE'rVl~ of Florin O•~tober 25, 2005 Jim Hanson, City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233-5445 Re: Franchise Agreement For the Collection of Solid Waste with Florida Recycling Services, Inc. Dear Mr. Hanson: You asked me to write to you regarding an extension of our existing Franchise Agreement which expires effective May 31, 2006. Under the existing agreement, even with the fuel surcharge which the City recently approved, FRS operates every month at a loss in providing its residential and commercial waste collection services in Atlantic Beach. Notwithstanding this, FRS has throughout the term, continued to provide quality service because we value our relationship with the City. At the same time, because of the ongoing losses, FRS has asked the City to consider re-bidding the Franchise Agreement. It would be FRS's intention to submit a bid in response to the City's call for tenders. If the City elects instead to renew the existing Franchise Agreement, it is FRS's intention to continue to provide services to the City with its same commitment to customer service. Sincerely, ~ Garth Fowles District Manager 7580 Philips Hwy. •Jacksonville, Florida 32256 Phone: 904-731-3440 • Fax: 904-443-7031