Honor The Contract

Frequently Asked Questions

Open AllClose All
What is the landfill issue about?
The landfill issue is all about whether Jacksonville is going to honor the low-bid contract Waste Management won in 1991 to operate the Trail Ridge Landfill.
Didn’t this have something to do with a no-bid contract?
There has never been a no-bid contract for Trail Ridge Landfill. Waste Management won the bid after an intense competition. Their proposal was ranked number one, their technical qualifications were rated the highest of all bidders and their price was 60% below the next lowest bidder, saving Jacksonville taxpayers more than $160 million.
If Waste Management has already won the bid, what’s all the fuss about?
Sometime in the 1990s, lawyers for Jacksonville decided to argue that the landfill contract could be broken up to allow bidding on future development. But Waste Management never relinquished its contract rights because potential competitors might run the landfill they developed and are now operating.
Waste Management developed the landfill?
Yes. As part of their successful bid, Waste Management acquired, engineered, permitted and developed the Trail Ridge site and have operated it for the past 17 years.
Why then is there a restated contract?
About two years ago, the city and Waste Management agreed to begin negotiations to resolve the contract dispute without litigation. The restated contract does just that while settling other disputes and updating the contract. The city’s Public Works Department and Solid Waste Division drove a hard bargain. And, according to the city’s Auditor, the restated contract will save taxpayers more than $266 million.
What else does the restated contract offer?
The agreement provides even more benefits:
  * The expanded landfill will open on time (before the current area is full) thus saving tens of      millions of dollars in out-of-county landfill costs and hauling fees
  * Saves the city of Jacksonville from having to pay the significant costs of closure and post-     closure expenses, and as a result, immediately frees up millions of dollars for the city
  * The city can take advantage of new, green services such as recycling at the landfill, which is      vital to protecting the environment and extending the life of the landfill
  * Provides for the use of more efficient technology for the disposal or handling of solid waste
  * Guarantees competitive bidding for professional services and construction within the landfill      operations that has already been competitively bid
  * Gives the city a termination option
  * Extends lower, adjusted rates than in 1991, thus saving residents and businesses $12-14      million dollars in disposal costs in the next seven years alone
  * Guarantees competitive bidding for all expenditures and construction
What will happen if the City Council doesn’t approve the restated contract?
All the benefits provided by the restated contract will be lost. Additionally, the city will lose certain liability protection and the benefits listed above. On top of that, the likelihood of long and expensive litigation increases.
Haven't the contract talks been held in secret?
Absolutely not. All negotiations between the city and Waste Management are in the open. For example, competitor Republic Services obtained drafts during this process, and Mayor Peyton’s office has delivered the proposed 125-page contract to the City Council for review. It is also available to the public for inspection.
So how did all this no-bid contract talk get started?
Another landfill operator urged that the restated contract not be approved by the City Council. That operator has not made an offer that even comes close to the benefits of the restated contract between the city and Waste Management, nor is it willing to protect the city if the City Council, refuses to approve the restated contract. And that means the city would lose all of the restated contract’s benefits.
Why is all this happening now?
A city Engineering Analysis dated March 17, 2009 estimates there are only 5-1/2 years of capacity remaining in the current landfill area and, according to the report, it will take five years to engineer, permit and construct a new waste area. That is why the mayor has spent two years of hard work on the restated contract.
What will happen if the new area isn’t opened before the current one is full?
Not opening the next area at Trail Ridge on time means garbage will have to be trucked out of the county to some distant landfill, increasing garbage disposal fees and hauling costs by tens of millions of dollars.
Couldn’t the city just take over and run the landfill?
No, we believe it would be a breach of contract. Plus, the City would lose all of the benefits set forth above, including having to assume any environmental liability and be faced with tens of millions of dollars in closure and post-closure costs. Jacksonville ran two landfills in the 1980s and management of those led to the garbage crisis in the late '80s. The city was forced to pay millions of your dollars in cleanup costs because materials placed in the landfills were not disposed of properly.

In addition, since Waste Management purchased, engineered and won the low bid for the entire 977 acres of the landfill, it has an agreement with the City for the life of the entire site. Therefore, city operation of the landfill would be a breach of the existing agreement.
If I want to know more about the landfill issue, how can I get more information?
More information is available at www.keeptrailridge.com.

When will the City Council make a decision on the restated contract?
Sometime in mid to late April the City Council will take up the issue and vote. We encourage you to contact your City Councilperson and ask him or her to vote to save Jacksonville residents and businesses $266 million in taxpayer dollars and to honor the contract that is already in force.




WATCH OUR TV SPOT
"UP IN SMOKE"
 

Contact HonorTheContract.com at
Copyright 2009