Mayor Brainard says he’ll seek legal remedies for breach of contract
Submitted by City of Carmel
Despite assurances made Thursday that Republic Services would be able to pick up residential trash and recycling containers in Carmel – an assurance that led the Street Department to work diligently over night to plow all city streets so they would be safe – Republic informed city officials Friday morning that they would not be able to resume trash service.
Republic does not plan to pick up from Thursday and Friday customers until next week, when they plan to “double up” on the service. The company blamed the lack of drivers and the condition of the roads outside of Carmel for their decision.
Mayor Jim Brainard is considering legal action for breach of contract.
“We had conversations with Republic Thursday evening in which they agreed to honor the terms of their contract and pick up rubbish today,” Brainard said. “As a result of that conversation, the City of Carmel sent a news release to the public and the media indicating that they would pick up rubbish on Friday from homes that are normally scheduled on Thursday. I am very disappointed that they did not keep their promise.”
Brainard said he understood the conditions on Thursday with heavy snow falling all day made it impossible to pick up trash, but the condition of the roads and the ability to travel on Friday has been much improved. He spoke with Republic Services officials on the phone Friday morning.
“I pointed out that all of Carmel’s roughly 500 miles of roads, as of 8 a.m. today, were plowed and open as a result of our 92-vehicle snow-removal fleet and staff working all last night,” Brainard said. “This snowstorm was not a surprise and had been forecast for many days. Republic knew they might need to make arrangements to secure drivers who live outside the city and bring them to Carmel. The city would have been happy to help with that effort.”
Brainard continued, “What does Republic do in cold climates such as Minnesota, northern Michigan, etc. that have this type of weather all year? Do they refuse to honor their contracts with the taxpayers in those areas? This has more to do with poor planning than the snowfall we had yesterday.”
During the phone call, the Mayor indicated that if they would just get as many trucks out as possible by noon today, they would still be within the terms of the City contract. But that did not happen.
“I will continue to protect the investment made by our taxpayers to contract with companies for certain services and will seek legal remedies for times when they do not perform as expected,” said Brainard. “Under the contract, the city must agree to any delay of services and we did not do that.”
Can BRAINARD read.
Living in the northeast where heavy snow is common and now in Carmel, the snow removal is light years different! In the northeast the roads are usually crystal clear in 24 hours. Living in Carmel I’ve seen many side roads those big trucks wouldn’t make it through on friday afternoon. It’s inconvenient with the trash barrels being outside a few days but better than an expensive car getting sideswiped by garbage truck.
Although I do not live in Carmel my family had used republic since they took over for Best Way many years ago, and we’ve had this same issue several times this past year. We now have cancelled republic trash services and happy we did. Carmel and every other city and personal customer that uses republic need to find another trash service company ASAP !!