HomeMy WebLinkAboutVI (A) Considerstion of the Available Options for the Collection and Disposal of Residential Garbage and Recycling within the CityAgenda 02-17-2004
Item VI A
Mayor
S. Scott Vandergrift
City Manager
Jim Gleason
STAFF REPORT
Commissioners
Danny Howell, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Nancy J. Parker, District 4
TO: The Honorable Mayor and Board of City Commissioners
FROM: Bob Zaitooni, Deputy Public Works Director
DATE: February 17, 2004
RE: Residential Solid Waste Collection & Disposal Options
ISSUE:
Should the Honorable Mayor and Board of City Commissioners consider the available options
for the collection and disposal of residential garbage and recycling in the City of Ocoee; and
select and approve one of the available options?
BACKGROUND AND DISCUSSION:
The current rate charged for the residential solid waste (garbage and recycling) collection and
disposal is $16.00 per customer per month. Staff previously requested the City Commission to
increase the current rate to sustain the in-house residential garbage and recycling operation,
and plan for the future growth and replacement of the rolling stock. The City Commission, on
June 17, 2003, instructed staff to evaluate privatization of the residential waste collection and
disposal within the City limits while ensuring relocation of the current City sanitation employees
without loss of jobs. Staff conducted a comprehensive evaluation of the available options and
has narrowed the choices to the options listed below for consideration by the City Commission.
Option A. Privatization of residential garbage and recycling through a City RFP process.
An RFP was advertised in August 2003 and six (6) formal proposals were received on October
14, 2003. In summary, the RFP contained the following:
• A seamless transition from the current in-house to private hauler will take place with
minimum impact to customer.
• A weekly service consisting of two (2) Garbage and one (1) Recycling collection and
disposal, to be phased in over a 3-year period.
• The phase -in period would enable the City to relocate the staff within other Departments
without displacement.
• The current City 96-Gallon garbage carts are used.
City of Ocoee Public Works - 301 Maguire Road - Ocoee, Florida 34761
phone: (407) 905-3170 ■ fax: (407) 905-3176 - www.ci.ocoee.fl.us
• The City retained the option of shortening the phase -in period depending on speed of
the employee relocation process.
• Yard waste and bulky waste collection and disposal are not included in the RFP since a
separate contract currently exists for this service.
• Container management as well as contract administration, complaint resolution and
inspection service will remain with City staff.
• Substantial penalties are incorporated for missed service and unresolved customer
issues.
• Residential solid waste rates will not be increased
Two (2) of the six (6) haulers have proposed a graduated rate, increasing every year through
the life of the contract. The remaining haulers proposed a constant rate for the five (5) year
contract. It should be noted that the rates shown in Table 1 are not adjusted to cover the in-
house (City) administrative costs. The rates as proposed by the private haulers are summarized
in the table below.
Table 1. Proposed Rates by RFP Haulers
Advance
Disposal
Republic
Services
*Waste
Pro
Onyx
Base & Alt. 1
Florida
Recycling
*Waste
Management
13.99
12.35
14.23
13.78 1 11.63
10.98
13.60
* Proposed graduated rate. Year 4 rates are shown.
The City's selection committee met on January 20, 2004 and ranked the submitted RFP's based
on the lowest responsive bid. The lowest responsive bid is defined as the lowest cost hauler
with demonstrated capability, experience, and financial means to execute the requirements of
the RFP as determined by the Selection Committee and approved by the City Commission.
The Ranking by the selection committee were as follows:
Rank 1.
Onyx Waste Services, Alternate # 1
Rank 2.
Florida Recycling
Rank 3.
Republic Services
Rank 4.
Waste Management
Rank 5.
Advanced Disposal
Rank 6.
Waste Pro
In summary, Option A allows the City to hire a private hauler to perform the services using the
96-gallon carts without loss of employment for current City employees. This option will also
guarantee the Residential Garbage and Recycling Rates will not increase beyond the current
$16.00 for the next 5 years. The container management and contract administration will remain
with City staff with the goal of minimum customer dissatisfaction.
Option B. Orange County to provide the services through an Interlocal Agreement.
Orange County Utilities, through use of their franchise agreement with various haulers, has
submitted an Intedocal Agreement for the collection and disposal of residential solid waste
within the City limits. Orange County has proposed 2 methods of collection, one that includes
the use of the City's 96-gallon carts and a second that requires no carts. A summary of the
highlights include the following:
2
• Services will include 2 Garbage, 1 Recycling, and 1 Yard Waste per week.
• Curbside garbage service will include an unlimited number of containers and 2
containers of material from repairs and remodeling, at no additional charge.
• Weekly curbside yard waste service of 3 cubic yards versus City's limit of 2 cubic yards.
• Orange County will assign a hauler for services within the City of Ocoee.
• City will maintain customer service for responding to Ocoee citizens.
• Orange County will administer the contract with the hauler and will be responsible for
enforcing the terms of the contract.
• Orange County will be billing the City on a monthly basis with the option of annual
assessments on the tax roll.
• City of Ocoee will continue to bill the customers for services within the City, but may
elect to become part of the County -wide assessment for residential solid waste.
• Termination clause will be based on Orange County's contract with the assigned hauler.
• The City will not have a franchise or contract with a private hauler.
Orange County's current hauler collection plan includes five (5) service areas or zones. Each
service area has been competitively bid and negotiated with a hauler. The current haulers for
the service areas are as follows:
Service Area
Vendor
Zone 1
Onyx Waste Services of Florida, Inc.
Zone 2
Waste Management Inc. of Florida
Zone 3
Republic Services of Florida LP
Zone 4
Waste Management Inc. of Florida
Zone 5
Republic Services of Florida LP
Although each zone has been negotiated at a different annual compensation rate, using a
compensation adjustment methodology, Orange County has equalized the annual rate for all
customers through a MSTU program. The City of Ocoee falls within Zone 1 of the Orange
County's current plan. However, Orange County reserves the right to assign the City to another
hauler.
Without the use of the 96-gallon carts and using only bags or 32-gallon cans, the current
assessment rate as adopted by the Board of County Commissioners (BCC) is $146.06 per year,
which is assessed on residential customer's tax bills in unincorporated Orange County. The
current annual rate translates to $12.17 per customer per month. This rate is set annually by
the County Commission and may be increased or decreased.
With the use of the 96-gallon carts, which requires the private haulers to modify their current
collection rolling stock with mechanical arms, the rate will be $15.24 per customer per month.
This rate includes collection of yard waste on Wednesdays only throughout the City. If yard
waste is collected throughout the week, the rate is $16.24 per customer per year. The rates
shown here for Option B do not include the additional administrative costs, which will be
incurred by the City.
Option C. City Continues with the current in-house operations
In order to stay in business, City must consider the actual cost of the in-house operation while
providing for the future growth (new routes) as well as replacement of the existing fleet and
supporting equipment.
It is anticipated that a new route is required for approximately every 2 years. Therefore, a new
truck ($150,000) and a new driver ($55,000) are required every 2 years. The current fleet of 9
trucks (7 garbage trucks and 2 recycling trucks) should also be systematically replaced after the
fifth year of service but no more than 7 years to ensure delivery of the expected level -of -service,
maximizing salvage value, and minimizing repair costs.
A financial analysis of the historical costs versus revenues was conducted to provide the basis
for formulating a true customer rate. This analysis identified the various cost components
(personnel, operating, and capital) for the proceeding fiscal years. Adjustments for capitalization
of new routes and replacement rolling stock were made where necessary for inclusion within the
rates. The true cost of the in-house operation is calculated at $18.25 per customer per month
through the end of fiscal year 2008-09. If Option C is chosen, the following actions and
expenditures are recommended:
Complete purchase of the truck currently on hold at nearly $146,000
Replace 2 truck in the current fiscal year $300,000 from R & R funds
In FY 2004-05 budget, replace 1 truck at $150,000 and add 1 new truck ($150,000)
and 1 new driver ($55,000), for the total cost of $355,000.
The City currently receives a 20% Franchise Fees from Commercial Franchise for the collection
of commercial waste within the City limits. For the fiscal year 2002-2003, a total of $139,768.21
was collected and deposited in General Funds. In addition to the Franchise Fees, the City
receives revenues generally referred to as the "Delta" which is deposited into the Solid Waste
Funds. The revenue is the difference between the rates established by Ordinance for the
commercial customers versus the contract fees for the current franchisee. In FY 2002-03, City
received $153,579.38 from this revenue source.
ECONOMIC ANALYSIS:
For Options A and B, in addition to the base rate, there are other cost components that consist
of the administrative costs associated with the program and the costs of the current City's Yard
and Bulky Waste Collection and Disposal. Table 2 includes a summary of the calculations with
the addition of the other cost components. The calculation shown in Table 2 is for FY 2004-05
rates.
4
Table 2. FY2003-04 Rate Comparisons
Rate
Component
Option A
Private Hauler
City RFP
Option B
Orange County
Interlocal
Option C
city
Operation
Onyx, Alt.1
Florida
Recycling
32-gallon
96-gallon
Base rate
11.63
10.98
12.17
15.24
18.25
Yard waste
1.68
1.68
0
0
0
Admin.
2.69
2.69
1.30
1.30
0
Total
16.00
15.35
13.47
16.54
1825
The rate for the Intedocal Agreement with Orange County is established by the Board of County
Commissioners and may increase or decrease. Historically, the rate has declined in the recent
years. The current City's Yard & Bulky waste contract will expire in the end of August 2006,
with an option to extend for an additional 2 years. The City may evaluate its options for this
service as the expiration date nears.
If Option B is chosen, City may chose to negotiate the immediate termination of the current Yard
& Bulky Waste contract since the services are included. The calculations shown in Table 4
assume termination of the contract for Option B. Table 3 is a summary of projected rates for the
current fiscal year and as projected for the next 5 years.
Table 3. Comparison of Rates per Customer per Month
Options
FY
03-04
FY
04-05
FY
0"6
FY
06-07
FY
07-08
FY
08-09
Option A
Onyx, Alt. 1
$16.00
$16.00
$16.00
$16.00
$16.00
$16.00
Florida Recycling
$15.35
$15.35
$15.35
$15.35
$15.35
$15.35
*Option B
32 allon
$13.47
$13.47
$13.74
$14.01
$14.29
$14.58
96-gallon
$16.54
$16.54
$16.87
1 $17.20
$17.55
$17.90
O tion C
Projected rate
$18.25
$18.25
$18.25
1 $18.25
$18.25
1 $18.25
* Assumes a 2% increase per year after FY 2004-05
Administrative Costs
The administrative costs associated with the options differ for the Orange County Intedocal
versus the private hauler option. This is primarily due to the costs to the City for the
management of the program including staff, equipment, and containers. The cost of customer
billing remains similar for both options at this time.
Option A will require one (1) Manager, one (1) Inspector, and one (1) customer service member
for the management of the program. Considering all other costs such as vehicle, fuel &
maintenance, communication, insurance, billing, and auditing, the in-house administrative cost
is estimated at $2.69 per customer per month.
Option B will require less in-house staffing which will include one-half (1/2) of an Inspector and
one (1) customer service member will be needed for the management of the program.
Considering all other costs such as vehicle, fuel & maintenance, communication, insurance,
billing, and auditing, the in-house administrative cost is estimated at $1.30 per customer per
month.
5
Method of Payment
Under all 3 options, the City will continue monthly customer billing as currently exists. Under
Option B, the current Orange County plan is designed for the customer charges to be assessed
on their annual tax bill. This option will also be available to the City, at City's option, provided
sufficient notice is served to the Orange County Property Appraiser and Tax Collector.
PROGRAM COMPARISON:
In addition to the actual costs of each program as discussed under economic analysis, each
option presents a set of unique characteristics to be evaluated. These characteristics are
sometime not readily quantifiable as the actual costs or rates as summarized below.
Option
Advantages
Disadvantages
Same service as in-house now
Less City control
Rate is not increased
Lower level -of -service expectations
q
96-gallon carts are used
Less customer friendly than in-house option
City administers contract
a Anticipate contractual issues
No reoccurring capital costs
Minimum worker's compensation issues
Strong contractual requirements
Same service frequency
e City does not administer contract
Higher waste volumes allowed
Less control by City
g
Have option to use of 96-gallon carts
Not designed for 96-gallon cart operation
Lower City administrative costs
Collection routes and/or days may change
No reoccurring capital costs
W/ 96-gallon cart, rate is higher than Option A
Minimum worker's compensation issues
Strong contractual requirements
City retains complete control
Higher costs and rates
96-gallon carts are used
Reoccurring capital costs
C
Better customer care by City staff
Addition of new routes
Response is faster to customer issues
9 High worker's compensation
If subsidized, impacts other vital programs
RECOMMENDATION:
Based on staff evaluation of the available options as presented in this report, the following
conclusions are made:
1. If the current method of collection using the 96-gallon carts is desired, the most
economical option is Option A, which entails contracting a private hauler through the
RFP process. This option guarantees "no increase" in the current rate for the next 5
years with City providing the containers as in the current in-house operation; and City
retains control of the contract.
0
The selection committee has short-listed the top 2 haulers for the consideration by the
City Commission as described earlier in this report. If this option is selected, staff
requests that the RFP equipment age requirements be lifted for a period of 90 days
from the award to allow the haulers to begin operation within 30-days of the award date.
2. If there is no preference for the 96-gallon carts, then the most economical option is
Option B, which entails executing an Interiocal Agreement with Orange County to
provide the services. Under this option, there are substantial cost savings to the City as
described earlier in this report. It should be noted that under this option, the
administration and enforcement of the contract provisions with the hauler would remain
with Orange County.
3. If continued in-house operation is desired, a rate increase and implementation of the
rolling stock replacement program as described earlier are required. From a level -of -
service standpoint, this option will probably yield the best and most responsive
customer care.
Attachments: Orange County Interiocal
Fleet Report
Administrative Cost Calculations
RFP Evaluation Form
RFP Bid Tabulation
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EVALUATION FORM
RFP #03-001
Residential Garbage and Recycling Collection and Disposal
Combined
Evaluation Criteria
Advanced Disposal
Republic Sery
Waste Pro
Onyx Waste
Florida Recycling
Waste Mgmt
Z!39 per mousenoia
to the City
140-Base 169
(0-200 points)
116
170
98
Alternate 1
189
139
Ability to Provide
High -Quality Service
to the City's
Residents, as
evidenced by Type,
number, age, &
condition of the
equipment,
personnel, &
procedures
128-Base
(0450 points)
115
126
127
128-Altemate 1
121
131
Prior experience in
the City of Ocoee or
w/other Cities or
Counties or to other
groups of residents in
a high -quality manner
59-Base
(0-76 points)
53
56
55
59-Aftemate 1
55
61
Financial Condition &
Stability of the
Proposer & Financial
Outlook for the
proposer for the term
of the contract
43-Base
(0-60 points)
37
41
39
43-Altemate 1
34
43
innovative Cost
saving methods,
ability to incorporate
the existing City
owned equipment or
existing City
employees in the
plan
24-Base
(0-25 points)
12
14
10
25-Altemate 1
19
15
TOTAL POINTS
(0-500)
333
407
329
394-Base
418
389
424-Alternate 1
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Administrative Cost Calculations
Solid Waste Options
Orange County
Private Hauler
32-gallon
96-gallon
Manager
-
80,180
Inspector
27,435
54,870
Customer Service
56,880
56,880
Billing (Personnel)
16,510
16,510
Postage, Bills, Supplies
17,000
17,000
New Vehicle
-
4,800
Maint. & Fuel
3,000
6,000
Insurance
800
800
Communication
500
1,100
Uniforms
300
600
Containers
-
25,000
Auditing
8,900
8,900
Supplies & Fees
2,000
4,000
Total Annual Cost
133,325
276,640
Cost Per Month
11,110
23,053
Customers
8,570
8,570
Rate/Customer
1.30
2.69
ORANGE COUNTYXITY OF OCOEE
INTERLOCAL AGREEMENT
FOR SOLID WASTE COLLECTION
AND DISPOSAL
THIS INTERLOCAL AGREEMENT is entered into pursuant to Part I of Chapter 163,
Florida Statutes by and between the City of Ocoee, Florida, a Florida municipal corporation,
whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761, (hereinafter referred to as
the "City") and Orange County, Florida, a political subdivision and charter county of the State of
Florida, whose address is 201 South Rosalind Avenue, Orlando, Florida 32801, (hereinafter
referred to as the "County"), and is based on the following premises:
WHEREAS, both the City and the County have the right to provide solid waste collection
and disposal services within their respective territories; and
WHEREAS, the County has recently undertaken competitive bids to secure the services
of private haulers to collect and haul residential solid waste to an appropriate solid waste
disposal facility; and
WHEREAS, the City has determined it to be in its best interest to contract with the
County pursuant to this Interlocal Agreement for the County to administer solid waste collection
and disposal services using a County hauler to collect residential solid waste, recyclables, and
yard waste within the City of Ocoee for residential units where curbside container collection is
the required means of collection, (as opposed to dumpster disposal), and to dispose of the
collected solid waste at Orange County transfer stations and the Orange County Landfill; and
WHEREAS, to promptly implement this service, the City and the County have agreed
that the City shall charge and collect from customers, and pay over to the County, the sum
specified herein for residential solid waste collection and disposal until such time as the City, at
its option, passes an ordinance and the County takes the necessary steps to have residential
properties within the City added to the County's solid waste municipal service benefit unit
(MSBU) so that the costs of collection and disposal can be collected from City customers as a
County non -ad valorem assessment on the property tax bill; and
WHEREAS, City and County agree that the amount charged by the County to the City or
customers within the City shall be that amount established annually at the public hearing for the
MSBU covering customers served under the County solid waste collection and disposal special
assessment; provided, however, that the City may elect to charge its customers a rate established
by the City unless the City at its option elects to have the County levy a non -ad valorem
assessment on the property tax bill of City customers.
NOW THEREFORE, be it agreed by and between the parties as follows:
Section 1. Recitals Agreed To. Each and all of the foregoing recitals are
acknowledged and agreed to and constitute a part of this Agreement.
Section 2. Purpose The purpose of this Agreement is for the City and the County to
memorialize the means for the County providing solid waste collection and disposal services to
City residential customers as described in this Interlocal Agreement pursuant to Part I of Chapter
163, Florida Statutes.
Section 3. Term. This Interlocal Agreement shall commence on the 1 st day of April,
2004, or as soon as possible thereafter, and the initial term shall be through the 31" day of
December, 2014, to coincide with the term of the County "Residential Solid Waste and
Recyclable Collection Agreement(s)", provided specifically, however, that this Agreement shall
be automatically extended for additional terms not to exceed seven (7) years each, unless a
Notice of Termination is delivered in accordance with Section 6. If the service charges are
10)
placed by the County on the customers' annual property tax bills pursuant to Section 5B of this
Agreement, the Agreement can only terminate on the 31' day of December of a given
assessment year.
Section 4. Services. The County has implemented a countywide mandatory
residential solid waste collection and disposal system for residents in unincorporated Orange
County. The County has secured bids from private haulers for each of five geographic zones
covering the unincorporated area of Orange County. The low bidder for each zone was selected
and assigned rights and responsibilities pursuant to a hauler's agreement between the County and
the hauler. A hauler will be assigned by the County the responsibility and obligation to collect
within the City of Ocoee pursuant to this Agreement. Solid waste collection and disposal,
including the collection of yard waste and recyclables, is currently provided to each residential
customer with two household garbage collections, one recyclables collection, and one yard waste
collection. Services and responsibilities will be in accordance with the agreement between the
hauler and the County, as said agreement may be amended from time to time. This will be the
initial level of service provided to City of Ocoee customers pursuant to this Agreement. No
amendments are currently contemplated, and a copy of a sample hauler agreement is attached as
Exhibit "A" to this Agreement. Customers within the City of Ocoee must comply with the
provisions of the —hauler agreement and the Orange County Code, Article IV, Chapter 32 as it
relates to solid waste services, including container size and pick-up locations, frequency of
collection, number of containers, and rules regarding curbside pick-up for solid waste containers,
recyclables and yard trash.
91
The service standards for all customers in the County's solid waste system may
periodically change, and such changes will apply to those customers located within the City of
Ocoee. Notice of any such changes will be made known to customers through the County's
Solid Waste Division customer service procedures. A copy of any service changes will be
provided to the City at the address set forth herein, generally thirty (30) days in advance of any
such changes in customer service procedures. Solid waste collection, yard waste collection and
recycling collection services for customers within the City shall be at the same frequency and on
the same per -customer cost basis as is applicable to other customers served by the County. The
current level of service is:
Solid Waste Collection Services to be Provided
Basic Services to Be Provided and Frequency and Hours of Service. The following
basic Curbside Residential Solid Waste and Recyclable Collection Services may be provided
Monday through Saturday from 6:00 a.m. to 8:00 p.m., unless otherwise authorized by the
County. The services to be provided as described in the balance of this Section 4, and any
additional services that may be included in the County's Hauler Agreement, shall be provided by
the County -assigned Hauler.
Curbside Residential Garbage and Trash Collection Services. The County (through
its Hauler) shall collect from each Residential Premise in the City the contents of an unlimited
number of containers of Garbage, but no more than two containers of material from minor
household repairs and minor remodeling jobs, twice per week, with not fewer than three days
between regularly scheduled collections.
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Curbside Vegetative Waste Collection Services. The County shall collect from each
Residential Premise in the City up to three cubic yards of Bundled Vegetative Waste once per
week. In the event the Customer sets out more than three cubic yards of Vegetative Waste on the
Vegetative Waste collection day, the County may either collect all of the Vegetative Waste set
out or collect three cubic yards and place a tag on the remaining waste indicating that the amount
of Vegetative Waste set out exceeded the three cubic yard limit.
Curbside Bulk Waste Collection Services. The County shall collect from each
Residential Premise in the City up to three cubic yards of Bulk Waste once per week, except that
the County shall collect Freon -Containing Devices only when they are labeled certifying that
Freon has been removed or if from the appearance of the appliance it is apparent that it contains
no Freon.
Curbside Residential Recyclable Collection Services. The County shall collect from
each Residential Premise in the City the contents of an unlimited number of Recycling
Containers and paper kraft bags containing Recyclable Materials once per week. The County
shall separate Recyclable Materials at the curbside into two groups. The first group shall consist
of newspaper, brown paper grocery bags, and telephone directories. The second group shall
consist of glass, plastic bottles, aluminum and steel cans, aseptic packaging and other Recyclable
Materials added to the recycling program by the County. Items that are not to be included as
Recyclable Materials and discovered by the County during the sorting process shall be left in the
container. The County reserves the right to add or delete materials to the list of Recyclable
Materials that must be collected by the County and to add or delete component groups, so long as
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the current recycling collection procedure is not materially impacted, as determined by the
County.
Community Cleanups. The County shall provide up to two community cleanups each
calendar year in accordance with the agreement between the hauler and the county.
Additional Services to be Provided
Collection of Additional Trash and Vegetative Waste. The County shall collect
Additional Trash and Vegetative Waste from any Residential Premise within the City requesting
such service at the charge per cubic yard specified in the Hauler Agreement as Exhibit "A", as
same may be amended from time to time. The volume of waste material for which these
additional services are provided shall be agreed to in advance by the County and Customer. This
service shall not be exclusive to the County. Customer shall retain the option of engaging
another hauler for the collection of Additional Trash and Vegetative Waste.
Distribution and Replacement of Recyclable and Garbage Containers
Distribution of Recyclable Containers. The County shall ensure adequate distribution
of Recyclable Containers as supplied by the County to each Residential Premise in the City. The
title to these Recyclable Containers shall be vested with the County. Customers may use their
own containers or paper bags as long as they are suitable for the service.
Replacement of Containers Damaged by County. The County will replace at its
expense any Container or Recycling Container damaged through the fault or negligence of the
County or his employees. Replacement Recycling Containers or Containers designated for
Recycling for Residential Premises will be provided by the County with the cost for replacement
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containers deducted from the County's monthly fees. The County shall replace the Recycling
Container promptly after request by the Customer or the City.
Replacement of Recyclable Containers Lost or Damaged by Customer. The County
will provide for distribution to the customer, replacement Recycling Containers or Containers
that were originally provided by the County and lost or damaged by the Customer or if the
Customer requests additional Recyclable Containers, or for new Customers. The County shall
provide the Recycling Container or Containers promptly after request by the Customer or the
City Manager or his designee. The County shall promptly deliver replacement Recycling
Containers, and shall monthly report all such replacements to the City. The County shall also
promptly deliver Recycling Containers or Containers as requested by the City on behalf of the
residential customers for the purpose of setting out excess Recyclable Materials or for new
residential customers within five (5) business days of the request by the customer or the County.
Manner of Collection. The County shall collect Garbage and Trash, Vegetative Waste,
Bulk Waste, and Recyclable Materials with as little disturbance as possible and shall leave any
receptacle at the same point it was collected.
Accessibility. The edge of all Garbage, Trash, Vegetative Waste, Bulk Waste, and
Recyclables to be collected must be placed by the Customer within six feet of the curb, paved
surface of the public road, closest accessible public right-of-way, or other such location agreed to
by the County that will provide a safe and efficient accessibility to the County's collection crew
and vehicle. In the event there is insufficient space between the curb and the sidewalk to place
Garbage, Trash, Vegetative Waste, or Bulk Waste, the materials shall be placed within two feet
of the sidewalk. For purposes of this Agreement, public road or public right-of-way means a
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road owned and maintained by the County, City, the State, or special district, or a road on private
property for which an easement has been granted to the public and such road is constructed and
maintained to a standard whereby access is available by the collection vehicle. The County shall
provide Rear Door Collection services at no charge to the Customer to Disabled Persons who
have applied to the City in accordance with County requirements and have been authorized by
the County to receive such service. In the event that an appropriate location for Rear Door
Collection cannot be mutually agreed to by the Customer and the County Hauler, the County
Solid Waste Division shall designate the location for pickup. Other than when providing Rear
Door Collection, Hauler employees collecting Solid Waste and Recyclables will be required to
follow the regular walk for pedestrians while on private property.
Routes and Schedules. On or before November I of each year, the Hauler shall provide
an updated map of each route and the scheduled days for collection of Garbage, Recyclable
Materials, Vegetative Waste, and Bulk Waste. The Hauler shall keep route maps, schedules, and
Customer counts current at all times and shall abide by the schedules and routes filed with the
County Solid Waste Division. A copy of such route maps, schedules and Customer counts shall
be provided to City.
Changes to Routes and Schedules. The County may change the scheduled days for
collection and/or routes after consultation with the City and shall notify the City of such changes.
The County Hauler shall, at its expense, notify each affected Customer, by mail or other manner,
not less than one week prior to the change.
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Street Closures. The County shall not interrupt the regular schedule and quality of
Curbside Residential Solid Waste and Recyclable Collection Service because of street closures
or other denial of access.
Holidays. The following days shall be the County's holidays: Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and New Year's Day (except
that Vegetative Waste and Recyclable Materials shall be collected on New Year's Day if it is a
regularly scheduled collection day). Services not provided on the designated holidays shall be
provided on the next scheduled collection day for the type of service for Customers not serviced
because of the holiday. Customers not receiving Vegetative Waste collection service due to a
holiday shall be entitled to Vegetative Waste collection service limited to six cubic yards of yard
waste on the next scheduled pickup day for Vegetative Waste. No Bulk Waste collection service
shall be provided when a County holiday has occurred during that week.
Subscription Rear Door Collection. Upon the request of a Customer, Rear Door
Collection services may be provided at a charge not to exceed $8.50 per month per Residential
Premise. This amount is separate and apart from the compensation paid to the County for other
services provided under this Agreement.
Spillage. The County Hauler shall not litter or cause any spillage to occur upon the
Residential Premises, roadway, or the right-of-way wherein the collection shall occur. Spillage
of hydraulic fluids shall be cleaned in accordance with terms of contract with minimum delays
and closures to traffic.
No Biohazardous or Hazardous Waste. County shall not collect Biohazardous or
Hazardous Waste nor dispose of such waste at any Designated Facility. County shall refuse to
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collect Solid Waste from a Customer if the County believes that such Solid Waste contains
Biohazardous or Hazardous Waste, and shall promptly notify the City of such occurrence. The
County shall have the right to inspect the Solid Waste and Recyclables deposited or collected by
Customers at any time to determine whether such Solid Waste or Recyclables contains
Biohazardous or Hazardous Waste, and to take any necessary action to insure that Customer
ceases placement of such material into the Orange County system.
Services During and Following Emergency Conditions
Variances from Contracted Services. In the event of any emergency or natural
disaster, such as a hurricane, tornado, severe storm, or flood, the County may grant a variance
from regular routes and schedules and disposal sites for the time period in which the emergency
exists. The County shall make every effort through the local media to inform the public of
changes in County services resulting from the event and when regular service and schedules are
resumed. As soon as practicable after such natural disaster, the County shall advise the City
when it is anticipated that normal routes and schedules will be resumed.
Customer Services
Complaints. All complaints received by the City shall be forwarded to the County by
telephone, facsimile or electronic mail, where the complaint shall be documented and recorded
by the County on a form approved by the County. The complaint shall be resolved after it is
received by the County. Customers in the City shall receive the same level of service as
customers in the County as it relates to resolution of complaints, except that customer complaints
may be made directly to the City which will then coordinate with the County regarding the
resolution of such complaints.
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Customer Noncompliance. When Garbage, Trash, Vegetative Waste, Bulk Waste, or
Recyclable Materials are not prepared properly for collection, the County shall provide written
notification to the Customer of the reason the material in question was not collected and provide
the Customer information on how to properly prepare the materials for collection. The initial
contact shall be by the County's Franchised Hauler collection crew by leaving a written notice or
tag on the container of the material in question.
New Customers. City shall notify the County Solid Waste Division when new
customers require collection services. The County shall respond to a new Customer entitled to
Solid Waste and Recyclable Collection Service and shall furnish to new Customers recycling
bins, collection schedules, rates, brochures, and written materials provided by the County.
Public Awareness. The County shall periodically deliver to Customers in the City any
brochures or other written materials in connection with the County's Public Awareness Program.
Additionally it is the County Hauler's responsibility to provide information about those
customers who repeatedly do not prepare or set out their Recyclable Material or solid waste as
specified within this Contract to the County.
County Designates Hauler. The County shall designate the hauler who will provide
service within the City of Ocoee. The County may change the designated hauler from time to
time.
Section S. Costs to the City.
A. Monthly Service Charges. Monthly service charges for residential solid
waste collection and disposal services will be billed by the County to the City. The costs of
residential solid waste collection and disposal will initially include garbage collection twice per
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week, yard waste once per week and recyclables collection once per week. Monthly service
charges will be billed on a monthly basis in advance to the City of Ocoee. For the year 2004,
this amount is $146.06. The monthly charge to the City of Ocoee per customer will be $146.06
divided by 12, or $12.17 per customer. This sum will be payable by the last day of the month, in
advance, by the City at the following address:
Solid Waste Collection
c/o Orange County Utilities Customer Service Division
109 East Church Street
Orlando, Florida 32801
County shall notify the City of the tentative rate as soon as practical and no later than the last day
of July of each year for budgetary purposes. The County shall notify the City of the final rate
upon adoption by the Board of County Commissioners.
B. Special Assessments. The City and the County agree that the City may, at
its option, elect to have customer service charges collectable as described herein. The County
currently collects an annual solid waste collection and disposal fee on the tax bill of residential
customers in unincorporated Orange County under the County's mandatory solid waste disposal
ordinance. The City and the County agree that this mechanism may be utilized to collect the
service charges for customers located within the City as soon as practicable after notice of
election of this means of collection by the City. The County implements the special assessment
pursuant to Section 125.01(1)(r), Florida Statutes. The County annually passes required
resolutions to set the amount of the annual special assessment; provide notice to affected
property owners; provide notice to the Property Appraiser and Tax Collector concerning the
properties covered by the special assessment (the assessment roll); and, otherwise handles
administration of the special assessment. Special assessments imposed by counties pursuant to
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Chapter 125, Florida Statutes, may become applicable within the City if the City concurs by
passing an ordinance allowing this special assessment to be effective within the City. To that
end and subject to adoption by the City of the requisite ordinance at a future date, it is an option
that the charges by the City to the City customers for residential solid waste collection and
disposal services will end when the special assessment is valid for customers within the City and
when such charges are actually collected through that mechanism. The steps in that process will
be to add City customers to the assessment roll, to include City customers in the County's special
assessment program for residential solid waste collection and disposal, and, upon City adoption
of an ordinance, to authorize special assessment for residential solid waste collection and
disposal within the City through the term of this Agreement. Should the special assessment
process not be adopted or fully implemented within the City or as to particular customers, the
City and the County agree that the County will bill the City on a monthly basis in advance, and
the City will in turn bill the affected City customers, on a monthly basis for residential solid
waste collection disposal services as outlined in this Agreement, or elect to levy a non -ad
valorem assessment on City customers. Any billing done by the City whether on a monthly basis
or by adoption of a non -ad valorem assessment may be at such rates and charges as are
determined by the City Commission of the City, which rates and charges may be different from
those charged to other County customers. The County recognizes that the City will have certain
administrative and other charges associated with this Agreement which are in addition to the
charges imposed by the County.
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Section 6. Termination.
A. This Agreement may be terminated by the mutual agreement of the City
and the County. Such termination shall occur at and coincide with the
expiration of the contract between the County and the hauler designated
by the County to provide collection services to Ocoee, and shall require
eighteen (18) months written notice prior to said expiration date.
B. This Agreement may be terminated by the City if the County fails to
deliver the solid waste collection services to significant numbers of city
residential customers, and if this failure to provide such services is not
cured within fifteen (15) days of notice of such failure. "Significant
numbers" of city residential customers shall be defined as the same fifty
(50) residential customers during a calendar year.
C. This Agreement may be terminated by the County should the City fail to
pay to the County the monthly service charges described in paragraph 5A
when due; provided, that the County shall first give the City written notice
of such default.
D. Opportunity to cure defaults shall be afforded by each party to the other,
as agreed by the parties. During any cure period, the County shall
continue to provide residential solid waste collection services and the City
will continue to pay all sums then due to the County for services under this
Agreement.
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E. If residential solid waste collection service charges have been made
subject to a special assessment, pursuant to Section 5B of this Agreement,
then this Agreement may only terminate on December 31 of the
assessment year.
Section 7. Notices.
Any notice required or allowed to be delivered hereunder shall be in writing and be
deemed to be delivered when (i) hand delivered to the official hereinafter designated, or (ii) three
days after the date on which deposited in the United States mail, postage prepaid, certified mail
return receipt requested, and addressed to a party at the address set forth opposite the party's
name below, or such other address as the party shall have specified by written notice to the other
party delivered in accordance herewith:
If to the County:
Orange County Utilities Department
Suite 400
109 East Church Street
Orlando, Florida 32801
Attn: Director
With copy to: Orange County Attorney's Office
Orange County Administrative Center
201 South Rosalind Avenue
Orlando, Florida 32801
If to City: City Manager, City of Ocoee
150 Lakeshore Drive
Ocoee, Florida 34761-2258
With copy to: Director of Public Works
City of Ocoee
150 Lakeshore Drive
Ocoee, Florida 34761-2258
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Section & Counterparts.
This Agreement may be executed in any number of counterparts, each of which when
executed and delivered, shall be an original, but all counterparts shall together constitute one and
the same instrument.
Section 9. Entire Agreement,
This Agreement constitutes the entire agreement of the parties with respect to the subject
matter hereof, and may not be modified or amended except by a written instrument equal in
dignity herewith and executed by the parties to be bound thereby.
Section 10. Severability.
If any part of this Agreement is found invalid or unenforceable by any court, such
invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and
obligations of the parties contained therein are not materially prejudiced and if the intentions of
the parties can continue to be effectuated. To that end, this Agreement is declared severable.
Section 11. Governing Law; Venue
This Agreement shall be governed by and construed in accordance with laws of
the State of Florida. If any legal proceeding is commenced pursuant to this Agreement, it
shall be filed in the State Courts in Orange County, Florida.
Section 12. Existing City Agreement,
The City has provided the County with a copy of the City of Ocoee Residential Yard and
Bulky Waste Collection and Disposal Agreement, dated August 30, 2001 between the City and
Superior Waste Services of Florida, Inc. ("Superior") (the "Existing Contract"). Pursuant to the
Existing Contract, Superior is obligated to collect all yard waste (regular and bulk) from all
single-family residences within the City and to perform other services as described therein (the
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"Existing Services"). The term of the Existing Contract runs through August 31, 2006. The
Existing Services provided by Superior under the Existing Contract overlap with certain services
to be provided by the County pursuant to this Agreement. Notwithstanding any provision
contained herein to the contrary, for so long as Existing Contract is in effect neither the County
nor the private hauler assigned by the County to service the City shall perform the Existing
Services which are the responsibility of Superior under the Existing Contract. The City
acknowledges that the County will be charging the City the same rate charged to County
customers which rate includes services comparable to (but not necessarily identical to) those
provided by Superior under the Existing Contract and that the rate charged to the City will not be
discounted based on the exclusion of the services covered by the Existing Contract. Commencing
September 1, 2006, the County will commence providing all services called for pursuant to this
Agreement and the exclusion set forth in this Section shall be applicable. Further, should the City
and Superior terminate the Existing Contract, then the County will commence providing all
services called for pursuant to this Agreement and the exclusion set forth in this Section shall be
applicable; provided, however, that the City shall give the County at least 30 days notice of the
termination date of the Existing Contract, and the County shall commence providing the service
as soon as possible.
Section 13. Effective Date.
This Agreement shall become effective upon the date of execution of the last of
the parties hereto (the "Effective Date")
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WITNESS following signatures and seals:
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
L'In
Date:
ATTEST: Martha O. Haynie, County Comptroller
As Clerk of the Board of County Commissioners
Deputy Clerk
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Richard T. Crotty
County Chairman
CITY OF OCOEE, FLORIDA
ATTEST:
Jean Grafton, City Clerk
((SEAL))
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
2004.
FOLEY & LARDNER
S. Scott Vandergrift, Mayor
Date:
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 2004,
UNDER AGENDA ITEM NO.
S:\RGuthrie\AGRCNT\Interlocal with City of Ocoee for Solid Waste 1121 03.rtf
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