County, Waste Management ironing out contract issues

BROOKHAVEN — Lincoln County Board of Supervisors met Wednesday afternoon for a specially called meeting to go over and hopefully finalize a contract with Waste Management for solid waste pickup starting Oct. 1, 2024. The County’s contract with solid waste collection company Arrow Disposal Service Inc. expires on Sept. 30, 2024.

No one from the general public was present at the meeting. Board Attorney Greg Malta went over some of the minor concerns he had with the contract. He stated at Monday’s regularly scheduled board meeting and Wednesday’s meeting that he didn’t fully appreciate the addendum to the contract from Waste Management.

“I understand now they understand the bid proposal as the original contract. I don’t really love that but that can be worked with,” Malta said. “The main controlling language is in the addendum itself.”

Contract concerns

Malta had a few concerns. One of which was about the length of the contract. The contract with Waste Management would stretch from October 2024 to October 2030 and then an additional four one year add ons. The contract could not be extended beyond 10 years.

One line in the contract asks to indemnify the contract. Malta said government entities can not do that. He pointed out under terms of compensation the contract gives a price adjustment up to a 100 percent. It is unusual because in Malta’s experience the price adjustments are capped.

Malta shared concerns about language used under extraordinary rates. The contract said uncontrollable as defined below and then did not define what would be considered uncontrollable. Force majeure, or Act of God, might be a better clause to use instead and was included in conjunction with the uncontrollable clause.

Penalties have been set for non-performance and poor performance. Malta asked the board to review the specifics.

Malta said one thing he did not like was the bid is not formatted like a contract. Lincoln County administrator Daniel Calcote said he asked Waste Management to submit a contract and he was not sure why they did not.

“I think you ought to demand it. This is unwieldy,” Malta said. “From a legal perspective, when you have something like that with more moving parts, there is a likelihood that something will break down. This could be a lot cleaner.”

Questions about service

Calcote said he had a question about compensation. Waste Management stated in their bid they would charge Lincoln County $15.47 for once a month per cart and $9.99 for each additional cart. He said during negotiations he understood Waste Management would bill customers directly.

“The wording sounds like we would pay for the second cart. We are providing one cart for everyone,” Calcote said.

Waste Management’s District Manager Andy Yates said they could work out the billing for a second cart. Calcote said rates have not gone up. Pickup would be once a week.

District 5 Supervisor Doug Falvey asked about garbage being placed in bags along the road and if Waste Management would pick it up.

“We will only get cart content only. If they need more than one that would be an extra charge,” Yates said. “The truck will have automatic side loaders so all garbage has to be in the can. It will drive up, pick up, dump, set down and move on. If it is not in the can it will not be picked up.”

Yates said there would be a campaign to educate people about what they need to do for garbage pick up. He said the education will start out once the contract is finished in September. A pamphlet with instructions will be handed out with a can.

District 4 Supervisor Eli Ferguson asked about carts being stored at the barns. Yates said the carts would be stored at the district barns initially to help with the transition. After the initial start, carts would be kept for replacement at a nearby Waste Management facility.

Waste Management said it will use mapping technology to help Lincoln County bill for the correct number of carts.

“It will help us have an active accounting. We will know where the people are, it will be on a map,” Yates said. “I have three people working on mapping for both contracts. We will use geocoding and our truck goes by to pick up trash. It will take a picture and tell you if the cart was there and at whatever time.”

Oct. 1 is coming quickly, Yates reminded the board. No further action was taken but the contract could be finalized by the next docket meeting on Aug. 28 or a specially called meeting. Calcote said any specially called meeting would have to be announced 48 hours in advance.

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