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File #: 14-624    Name: DIRECTION REGARDING THE ANNUAL SOLID WASTE CONTRACT
Type: Purchasing/Contract
Body: Village Council
Agenda Date: 9/9/2014 Final action: 2/1/2016
Title: ITEM: DIRECTION REGARDING THE ANNUAL SOLID WASTE CONTRACT REQUEST: Direction regarding the annual solid waste contract with Waste Management, Inc. of Florida (WMI).
Attachments: 1. 1. 2008 Agreement, 2. 2. Waste Management Proposal 9-2-2014, 3. 3. OIG Email
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ITEM:  DIRECTION REGARDING THE ANNUAL SOLID WASTE CONTRACT
 
REQUEST:  Direction regarding the annual solid waste contract with Waste Management, Inc. of Florida (WMI).
 
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EXPLANATION:  On January 8, 2008, Council approved a contract with Waste Management, Inc. of Florida (WMI) to provide solid waste and recycling collection services for the Village.  The initial term of the contract was for seven years effective October 1, 2008 through September 30, 2015.  The contract included a provision for one additional renewal period of seven (7) years, effective through September 30, 2022.
 
WMI has expressed a desire to renew the existing contract, under mutually agreeable terms. As part of the contract, we must notify WMI of our intent to renew or rebid these services by September 30, 2014.
 
On August 12, 2014, Council directed staff to negotiate a contract with WMI.  At the same time, Council directed the Village Attorney to contact the Office of the Inspector General to determine whether a renewal of the existing contract would be lawful or whether the contract must be re-bid.  After reviewing the relevant information, the OIG's office has advised that public policy in Florida encourages competitive procurement, but given the fact that the initial contract with Waste Management was competitively bid, and provided the contract terms do not materially change, the OIG's office is unaware of any law that would be violated by renewal of the contract.   
 
Municipality
Contractor
(1) Current Residential Unit Rate Per Month
(2) Current Commercial Rate per CY
(3)Franchise Fee
Year Bid
Year Renewed
Wellington
Waste Management
$12.00
$5.96
5%
2008
One- Seven Year Renewal Available
SWA-PBC Service Area #1 (See attached map)
Waste Pro
$13.75
$3.25
3%
2013
None Available
SWA-PBC Service Area #2 (See attached map)
Advanced Disposal
$14.67
$3.25
3%
2013
None Available
SWA-PBC Service Area #3 (See attached map)
Republic Services
$11.58
$3.25
3%
2013
None Available
SWA-PBC Service Area #4 (See attached map)
Southern Waste System
$11.91
$3.25
3%
2013
None Available
SWA-PBC Service Area #5 (See attached map)
Southern Waste System
$17.16
$3.25
3%
2013
None Available
Royal Palm Beach
Republic
$10.76
$6.29
6%
2007
2012
Riviera Beach
Waste Management
$11.38
$8.24
$100K Per Month
2011
Available in 2016
Palm Beach Gardens
Waste Management
$8.75
$7.15
5%
2005
2013
Jupiter
Waste Management
$11.67
$7.62
3%
1998
2012
Delray Beach
Waste Management
$12.72
$5.74
5%
2003
2013
(1) Unit rates are based on single family homes
(2) Rates per Cubic Yard currently paid by businesses in the Village
(3) Franchise fee is a percentage of gross revenue paid by the contractor to the municipality
 
In an effort to gauge how our current contract with Waste Management, Inc. compares to other communities, we reviewed various aspects of our contract and compared same to other communities. The foregoing table shows the unit costs for comparable contracts for other municipalities as well as the unincorporated area.  Our current unit prices are within 5% of  other unit prices with the exception of the City of Palm Beach Gardens and The Village of Royal Palm Beach.†  In general, unit costs for solid waste collection and disposal are a balance between residential and commercial (non-residential) units within a given jurisdiction. Traditionally, commercial rates offset residential costs due to a jurisdiction's potential for revenue generation as a result of commercial customers. In comparing the City of Palm Beach Gardens to Wellington, the total amount of commercial waste generated by the City of Palm Beach Gardens (388,716 cubic yards) exceeds Wellington's by almost 145,000 cubic yards annually. Coupled with a commercial rate almost 28% more than Wellington's, The City of Palm Beach Gardens' commercial rate and commercial volume generate 1.3 million dollars more than Wellington.  
Another component of solid waste disposal and management costs is bulk waste and vegetation generated by a jurisdiction as compared to credits for same issued by the Solid Waste Authority.  Bulk waste and vegetation generation by Wellington is more than 20% than the amount generated by Riviera Beach and Delray Beach, and over 225% greater than the volume generated by the City of Palm Beach Gardens. This segment of our contract equates to an additional cost of approximately $160,000 borne by Waste Management, Inc., based on per unit credits issued by the Solid Waste Authority.  While not necessarily available during our initial bid of this contract, this information is contained in our contract information and would considered by all bidders as part of a bid for solid waste management and disposal services.  
Another component that factors into the unit cost for solid waste management and disposal is the relative efficiency of collection as expressed in a community's density or from a collection standpoint, units per mile. Ultimately, when compared to other jurisdictions in the area, Wellington is the least dense when compared to Palm Beach Gardens, Riviera Beach, Delray Beach, and Royal Palm Beach. The lower the density (units per mile), collection is less efficient and more costly.
† Total amount of commercial waste generated by the Village of Royal Palm Beach was not available and therefore could not be utilized for comparative purposes.
We are seeking direction on whether to:
 
1.      Renew the expiring agreement under mutually agreeable terms, effective through September 30, 2022
2.      Utilize an existing contract (piggyback) listed above; or
3.      Rebid the services
 
Attached is a copy of the proposal provided by WMI whereby no change in price and terms from the existing contract is reflected.
 
BUDGET AMENDMENT REQUIRED:      NO  
 
PUBLIC HEARING:      NO        QUASI-JUDICIAL:        
 
FIRST READING:              SECOND READING:    
 
LEGAL SUFFICIENCY:      YES
 
FISCAL IMPACT:  There is no fiscal impact associated with this item until a contract has been awarded or direction to rebid is provided.  
 
WELLINGTON FUNDAMENTAL:  Protecting our Investment    
 
RECOMMENDATION:  Direction regarding the annual solid waste contract with Waste Management, Inc. of Florida (WMI).