NSB_RFP_FRANCHISE_FINAL_3-3-2026.pdf

RFP # 02-26-PW

Request for Proposals

For

Exclusive Franchise Contract for Solid Waste

Collection, Disposal and Transportation Services

Between

The City of New Smyrna Beach, Florida And

Contractor

Revised: 3-3-2026

Index

Section 1 – Definitions and Terms 5

Section 2 – Term of Contract / Option to Renew 11

Section 3 – Scope of Work / Exclusive Rights 11

A. General Description; Responsibility for Costs 11

B. General Requirements 11

C. Exclusive Rights 14

Section 4 – Refuse Collection and Disposal 15

A. Residential Collections 15

B. Commercial Collections _____________________________________________ 21

C. Collections on City Property 23

D. Special Collections 24

E. Miscellaneous Collections 24

F. Disposal 25

Section 5 – Recycling Services 25

A. Recyclable Materials Collection and Disposal 25

B. Description of Work 25

C. Commercial Recycling; Marketing Program 27

D. Marketing of Recyclable Material __________________________ ______ 27

E. Educational and Promotional Public Relationship Requirements___________ 27

F. Revenues Generated from Recycling 27

G. Charge to City for Disposal of Recyclable Material 28

H. E-Waste Program 28

Section 6 – Post-Disaster Collection and Disposal Services 28

A. Required Elements 29

B. Post-Disaster Meeting 30

C. City May Use Own Forces, Other Contractors 30

D. Contractor Remains Responsible 30

Section 7 – Payments to Contractor 30

A. Monthly Service Fee; Unit Prices 30

B. Adjustment to Collection Component 31

C. Adjustment to Fuel Component 32

D. Favored Nation Clause 33

E. Unusual Changes or Costs 33

F. Deductions for Contract Oversight Cost________________________________ 33

Section 8 – Storage and Office Facility 34

Section 9 – Schedules and Routes 34

A. In General, 34

B. City’s Right to Approve Routes and Schedules 34

C. Implementation of Changes and Deviations 35

D. Temporary Closure of Landfill as Basis for Schedule Deviation 35

E. Power to Deny Access 35

F. Force Majeure 35

G. Holidays 35

Section 10 – City’s Right to Supervise Performance 36

A. Supervision of Contract Performance 36

B. City Managers Authority 36

C. Inspection of Work 35

D. Disagreements – Refuse to be Collected – How 37

E. City Not Liable for Delays 37

Section 11 – Quality of Service 37

A. Character of Workman and Equipment 37

B. Temporary Workers 38

C. Cooperation of Contractor Required 38

D. Handling Complaints 38

E. Performance Guarantee 39

Section 12 – Equipment 39

A. Vehicle Requirements 39

B. General Container Requirements 42

C. Advertising Prohibited 44

Section 13 – Insurance and Indemnification 44

A. Insurance Required 44

B. Indemnification 47

Section 14 – Administrative Charges 48

A. Opportunity for Cure Not Required ___________________________________48

B. Opportunity to Cure Required _________________ _____________________51

Section 15 – Amendments 53

Section 16 – City Ordinances______ _________________________________________53

Section 17 – Notices 54

A. To Whom Required 54

B. Manner of Service 54

Section 18 – Assignment and Change of Control 54

A. City Approval Required 54

B. Certain Temporary Assignments Permitted 55

C. Contractor Remains Liable 55

Section 19 – Miscellaneous _________________________________________________58

A. Scrutinized Companies ______________________________________________58

B. Dealings with Foreign Countries of Concern____________________________ 58

C. Foreign Gifts and Contracts _________________________________________ 58

D. Discriminatory Vendors _____________________________________________58

E. Access and Audits __________________________________________________59

F. Events of Default ___________________________________________________59

G. Right to Require Performance_______________________________________ 61

H. Other Rate Adjustments_____________________________________________ 61

I. Representations of Contractor________________________________________ 61

J. Title to Garbage 62

Exhibit A – General Information - City Property & Container Types ____________ _63

Exhibit B – Commercial Accounts _____________________________ ____________ 64

Exhibit C – City Property - Current Service Locations 65

Exhibit D – Special Events 67

Exhibit E – Transition of Service 68

Exhibit F – Proposed Solid Waste Services __________________________________69

Garbage Scenarios

Garbage, Bulky Waste, Recycling and Yard Waste

Exhibit G – Abatement Procedure and Contract _______________________ _______71

Attachment A – List of Commercial Accounts__________________________ _______72

FRANCHISE

THIS FRANCHISE (“Contract”) is made and entered into this ______ day of ______________, 2026, by and between The City of New Smyrna Beach, a Florida municipal corporation hereinafter referred to as

(“the City”) and _________________ , a Florida corporation hereinafter referred to as (“the Contractor” or

“Franchise Collector”).

In consideration of the mutual covenants, agreements, and considerations contained herein, the City and the Contractor hereby agree as hereinafter set forth:

SECTION 1 – DEFINITIONS AND TERMS

A. DEFINITIONS. For this article the following terms, phrases, words and their derivation shall have the meaning given therein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include singular number, and words in the singular number include the plural number.

Other terms not defined herein shall be defined as consistent with applicable federal, state, or local law; or in the absence of such applicable laws and regulations, they shall be given their customary meaning.

APPLICABLE LAWS shall mean all applicable federal and State of

Florida laws, local (municipal or county) ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the services provided under this Contract.

APPROVED LANDFILL shall mean the Volusia County landfill or any other FDEP approved landfill recognized by the City for Contractor’s use in disposing of collected solid waste pursuant to this Contract.

BIOLOGICAL WASTE shall mean waste that causes or has the capability of causing disease or infection including biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to human beings or animals.

BIOMEDICAL WASTE shall mean any solid or liquid waste which may present a threat of infection to human beings, including non-liquid human tissues and body parts; laboratory and veterinary waste which contain human-disease causing agents; discarded disposable sharps;

human blood, human blood products and body fluids; and any other materials which have been determined by federal, state, or local regulatory agencies to present a significant risk of infection to persons outside the generating facility.

BULKY WASTE shall mean a large item(s) that:(a) is discarded by a customer on their ow property as a result of normal housekeeping activities on that property; (b) cannot be placed in a garbage cart because of its size, shape or weight; and (c) excludes any items of yard trash, construction and demolition debris, and automobile and boat parts or engines, tires, and exterior vehicle body parts. Bulky

Waste includes items such as televisions, furniture, refrigerators, stoves, other household appliances, mattresses, bedding and carpeting.

CITY shall mean The City of New Smyrna Beach, Florida, an incorporated Florida municipality governed by the Mayor and City

Commission. City shall also mean the area within the municipal boundaries of the incorporated area of New Smyrna Beach, Florida.

Contractor understands and agrees that the city has sole and exclusive rights to determine the type of services to be provided within the contract upon award of the contract.

CITY CODE refers to the Code of Ordinances of The City of New Smyrna

Beach.

CITY MANAGER shall mean the City Manager or their designee solely responsible for the management of the solid waste Contract operations.

COMMERCIAL ESTABLISHMENT shall mean a property, or properties zoned or used for commercial or industrial uses or used by an entity exempt from taxation under s. 501(c)(3) of the Internal Revenue

Code, and excludes property or properties zoned or used for single-family residential uses.

COMMERCIAL CUSTOMER shall mean a customer of the City’s creating solid waste other than a residential customer, and if applicable, are required to obtain a business tax receipt from The City of New

Smyrna Beach.

COMMERCIAL REFUSE shall mean refuse collected by a Contractor from any commercial customer.

CONSTRUCTION AND DEMOLITION DEBRIS (C&D Debris)shall mean discarded materials generally considered to be non-water—soluble and non-hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris.

The term also includes:

(i) Clean cardboard, paper, plastic, wood, and metal scraps from a construction project.

(ii) Effective January 1, 1997, except as provided in 403.707(12)(j), Florida Statutes, unpainted, non-treated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, non-treated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste, and

(iii) De minimis amounts of other nonhazardous or hazardous wastes that are generated at construction or destruction projects provided such amounts are consistent with best management practices of the industry.

CONTRACT YEAR shall mean a 365-day period beginning on the Effective

Date or on the anniversary of the Effective Date. The Contract Year may be referred to with an ordinal number based on when the Contract

Year begins. For example, the first Contract Year is the Contract

Year beginning on the Effective Date, and the Second Contract Year is effective on the first anniversary of the Effective Date.

COMMISSION shall mean the City Commission of The City of New Smyrna

Beach.

CURBSIDE shall mean the area immediately adjacent to the edge of the traveled portion of a public or private street affording reasonable access to waste collection vehicles. Typically, this area is the parkway or lawn area in between the street and sidewalk. For properties without such parkways or lawn areas, curbside shall mean on the customer’s property within five feet of the edge of the street.

DESIGNATED RECOVERY FACILITY shall mean a facility licensed by the appropriate governmental entity to receive and process recovered materials.

DUPLEX shall mean a residential building containing two single-family living units.

DWELLING shall mean any premises used primarily for human habitation, except accommodation units.

EXCLUDED WASTE shall mean:

(i) biological waste.

(ii) biomedical waste.

(iii) hazardous waste.

(iv) debris and waste products generated by land clearing, building construction or alteration activities (other than do-it-yourself projects) and hauled away by the respective

Contractor, public works-type construction projects whether performed by a governmental unit or by Contract, or governmental agencies other than the City.

(v) items not allowed at the County landfill or other approved landfill.

(vi) any other materials or substances deemed by the city to be hazardous and therefore excluded. The term includes yard waste produced by landscape maintenance Contractors which shall be hauled away by the same, and tree removal debris; and

(vii) Trash and household garbage generated by move out or eviction of rental or foreclosed units or similar sized piles.

Disputes as to the classification of this excluded waste will be determined by the city.

FRANCHISE COLLECTOR shall mean the company which has executed this

Franchise Contract with the City, and which is required to perform

Collection Services under the provisions herein. (Also referred to as “Contractor.”)

FRANCHISE FEE shall mean the fee paid by the Contractor for the exclusive right to provide certain Collection Services in the City, and for the other rights and benefits provided to the Contractor under this Contract.

GARBAGE shall mean every accumulation of animal, fruit, or vegetable matter relating to the storage, preparation, use, and consumption of meats, fish, fowl, fruit, vegetables, and any other matter, of any nature whatsoever which is subject to decay, putrefaction and the generation of noxious and offensive gasses or odors, or which, during and after decay, may serve as breeding or feeding material for flies or other germ carrying insects The term includes bottles, cans, or other food containers which due to their ability to retain water may serve as a breeding place for mosquitoes or other water breeding insects, but not recovered materials. The term also includes animal feces.

HAZARDOUS WASTE shall mean solid waste or combination of solid waste which, because of quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial hazard to human health or the environment if improperly stored, treated, disposed of, transported, or otherwise managed.

MECHANICAL CONTAINER means a container for the deposit of garbage, trash, or recyclables that is emptied by mechanical means.

MUNICIPAL BOUNDARIES shall mean the incorporated limits of the City, as they are now or hereafter and may be amended from time to time.

MULTIFAMILY BUILDING shall mean multi-family dwelling unit shall mean a building or a portion of a building, regardless of ownership, containing more than one dwelling unit designed for occupancy by a single family, which units are not customarily offered for rent for one day, and shall include apartments, townhouses, and condominiums.

MULTIFAMILY RESIDENTIAL HYBRID shall mean Mobile Home Parks (MHP), and Condos, a special residential hybrid. The level of service for multi-family residential hybrid shall be determined by the City with consultation from the Franchise Collector. The service type may be through the Multi-family Residential Hybrid rates or Commercial

Rates and Charges, with wheeled cart or hand pick-up, depending on the level of service selected by the Customer and approved by the city.

NEIGHBORING COMMUNITY shall mean a municipality within Volusia or

Flagler County.

PRIMARY COLLECTION VEHICLE shall mean either an automated side loader (ASL) or a rear loading (REL)or rear loader (REL) vehicle with cart flippers typically used by Contractor for regularly scheduled residential route collections depending on type of service the city selects. Shall also mean a front loader (FEL) vehicle typically used by Contractor for regularly scheduled commercial route collections.

PUBLIC WORKS DIRECTOR means the City employee responsible for management and operation of the City’s solid waste utility, regardless of job title, or designee, provided that in all instances the term includes the City Manager for the City.

RECOVERED MATERIALS shall mean metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but the term does not include materials destined for any use that constitutes disposal. Recovered materials are not solid waste.

RECYCLABLE MATERIALS shall mean those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. The term includes newspapers, aluminum and metal beverage and food cans. The term also includes plastic bottles coded “1” or “2” at the bottom, which previously held liquid, and such other materials as mutually agreed upon in writing by the

Contractor and the City. The term excludes materials that previously contained biological waste, biomedical waste, hazardous waste, or automotive or food products.

REFUSE shall mean all garbage, trash, including construction and demolition debris, but not biological waste, biomedical waste, hazardous waste, or recovered materials.

RESIDENTIAL CUSTOMER shall mean a City solid waste customer receiving collection service for single-family premises, a duplex, a triplex, or a multifamily residential complex, regardless of the type of container provided except for customers receiving service with front load commercial (FEL) containers. Each living unit shall be deemed a separate billable unit.

ROLL-OFF COLLECTION SERVICE shall mean the collection of solid waste, C&D, garbage, vegetative waste, bulky waste, trash etc., utilizing a container or compactor specifically designed for the purpose of leaving the container on a customer’s property and then rolling or lifting such container or compactor onto a truck and transporting it to a designated facility.

SPECIAL WASTES shall mean solid waste that may require special handling and management, including tires, used oil, lead-acid batteries, lithium-ion batteries, propane tanks, construction and demolition debris, ash residue, yard waste, biological wastes, biomedical wastes, and hazardous wastes.

TRASH shall mean and includes household trash, yard trash, and commercial trash, defined as follows:

(i) Commercial trash shall mean any and all accumulations of refuse material generated by the operation of buildings containing five (5) or more permanent living units, motels, stores, offices, and other business places, which is not garbage or recovered material, including discarded paper, rags, excelsior, wooden or paper or cardboard boxes or containers, sweepings, furniture, appliances, automotive parts, tires, and any other accumulations; and all waste placed in public receptacles on public streets, parks, playgrounds, and other public places.

(ii) Household trash shall mean all accumulations of refuse material from the operation of a residential unit which is not garbage or recovered materials, including all Bulky waste, yard toys, and building material waste from residential do-it-yourself projects.

(iii) Yard waste shall mean all accumulations of refuse consisting of grass, palm fronds, leaves, branches, shrubs, vines, cut trees, tree stumps, and other similar items generated by the maintenance of lawns, shrubs, gardens, and trees. The term excludes fencing boards, lawn timbers or lumber.

TRIPLEX shall mean a residential building containing three (3) single-family living units.

QUADPLEX shall mean a residential building containing four (4) single-family living units.

B. CUSTOMER CLASSIFICATIONS. Customers may be classified in this

Contract as residential or may also be classified in this Contract as commercial toter-serviced customers or mechanical container-serviced customers. These two sets of customer classifications are not mutually exclusive.

SECTION 2 - TERM OF CONTRACT; OPTION TO RENEW

The Initial Term of this Contract is ten years (10) commencing on

October 1, 2026 (the “Effective Date”), and ending on September

30, 2036, unless terminated prior to that date. The parties may renew this contract by mutual consent for additional ten-year terms, subject to all existing Contract provisions, or subject to such modifications as the Parties may agree to in writing. No such renewal will be effective unless an amendment setting forth all terms and conditions have been executed by both Parties and have been approved by the New Smyrna Beach, City Commission. Any intent by either party to renew, extend or not to renew this agreement must serve the other party notice in writing of its intend to either renew, extend or not to extend within twelve (12) months of the expiration date of the current agreement.

SECTION 3 - SCOPE OF WORK; EXCLUSIVE RIGHTS

A. GENERAL DESCRIPTION; RESPONSIBILITY FOR COSTS. Commencing on the Effective Date and continuing throughout the Initial Term and any executed Renewal Terms, Contractor shall provide refuse collection, transportation, disposal services recyclable materials collection, as further described below, within the municipal boundaries. Contractor will provide such services to all the city’s solid waste residential and commercial customers. In addition, Contractor shall perform such services as are required to provide a complete recyclable materials program. The recyclable materials collection program will not be exclusive to the Contractor as it pertains to commercial customers as per Florida State Statutes, FL

403.7046. See Scope of Work Option 1,2,3,4,5,6,7 and 8 below.

B. GENERAL REQUIREMENTS. In providing the services herein, Contractor will comply with the following general requirements in addition to those described in the enumerated Sections below:

C. Option 1:

The contractor will provide residential services comprised of residential household solid waste collection one time weekly and residential yard waste collection one time weekly with rear load trucks with driver helper crews.

Option 2:

of residential household solid waste collection one-time weekly, residential yard waste one time weekly and Residential recycling one time weekly with rear load trucks with driver helper crews.

Option 3:

of residential household solid waste collection twice weekly, residential yard waste one time weekly and Residential recycling one time weekly with rear load trucks with driver helper crews.

Option 4:

of residential household solid waste collection twice weekly and residential yard waste collection one time weekly with rear load trucks with driver helper crews.

Option 5:

residential yard waste one time weekly and Residential recycling one time weekly with ASL trucks.

Option 6:

residential yard waste one time weekly, one time weekly with

ASL trucks

Option 7:

of residential household solid waste collection one-time weekly, residential yard waste one time weekly and Residential recycling one time weekly with ASL trucks.

Option 8:

of residential household solid waste collection one-time weekly, residential yard waste one time weekly, with ASL trucks.

See Pricing Sheets in the Instructions to Proposers

(ITP)Section VIII page 36.

(1) Contractor will perform the services described herein in an efficient, sanitary, safe thorough manner.

(2) Contractor will not litter or cause any spillage (including waste streams, hydraulic fluid, oil, fuel, or otherwise) in providing the services. Upon being notified of littering or spillage, Contractor will provide immediate cleanup.

All household waste must be contained in plastic bags with ties and may not be loose in the container. If the resident has loose un-bagged waste within the wheeled cart or garbage container and causes the waste to be scattered the Contractor will make every effort to pick up and clean the area. If there are repeated occurrences the Contractor may report same to the city or the City’s designated consultant so that an acceptable solution can be attained.

(3) Contractor will comply with all applicable federal, state, and local laws, and obtain and comply with all permits and licenses required by law.

(4) Consistent with Section 12 below, Contractor will provide a sufficient number and quality of vehicles and other equipment and employ a sufficiently trained work force consisting of enough workers to enable Contractor to perform the services in compliance with all Contract requirements.

(5) Contractor will operate Contractor’s vehicles in a manner that maximizes safety and minimizes interference with vehicular and pedestrian traffic. Contractor will not suffer or permit vehicles in service to be unattended while on the streets. The City reserves the right to deny Contractor’s vehicles access to certain roadways or alleys where, because of road conditions or other circumstances, denial of such access is in the public interest. If the city denies access to certain roadway(s) and the contractor cannot provide services to the denied area without additional cost of manpower or equipment the contractor must immediately notify the city in writing. If the occurrence is implemented by the city, the city will not impose administrative charges against the contractor

(6) In providing collection services, the Contractor will not be responsible for scattered refuse except where refuse has been scattered by Contractor’s acts; in which case, Contractor will immediately pick up all such scattered refuse. See B (2) above for further clarification.

(7) Contractor’s employees will not be required to expose themselves to the danger of being bitten by vicious dogs or other animals to accomplish refuse collection in any case where the owner or tenants have such animals at large. In such event the Contractor shall immediately notify the customer (in a safe manner) and the City, in writing, of such conditions and of their inability to make collection because of such conditions.

(8) Contractor will submit to the city a monthly report, no later than the 15TH of each month, for the previous month, regarding the following:

• Garbage, yard waste and recycling tonnage by route.

(9) In order that the city may be informed of the quality of service, if applicable, the Contractor agrees to maintain an on-line, web-based electronic tracking system for and with the city to record and retain records of all requests, compliments, complaints and resolution of said complaints or inquiries for inspection by the city. The Contractor will provide the city and all residential customers with access to the Electronic

Tracking System to request a service or report a complaint and review status of the same. The city may provide a link to the

System from the City’s website. The Contractor agrees they must input a resolution for each case entered the tracking system prior to closing any such case. In the event that any case is not satisfactorily closed within 3 days, the same shall be reported by the Contractor to the City’s Representative.

The contractor will also be required to provide the city with access to the contractors’ GPS tracking system or installing the city’s GPS tracking system such as Samsara devices on the contractors collection and work vehicles used in the city.

C. EXCLUSIVE RIGHTS. While this Contract is in effect, in consideration of the scope of services to be provided by Contractor, and subject to compliance with all conditions of this Contract, Contractor will have the sole and exclusive right to collect all residential and commercial refuse, trash and recyclable materials within the municipal boundaries, subject to the following exceptions:

(1) Excluded waste and post-disaster debris may be collected and disposed of by the city or another Contractor selected by the city.

(2) Recovered materials at commercial establishments – in accordance with Florida Statutes Section 403.7046 and

Applicable City Code Sections, the City may not require commercial establishments generating source-separated recovered materials to use the City’s solid waste service for collection and conveyance of such materials.

(3) The City reserves the right to collect refuse during its street maintenance and other City functions and pursuant to

City ordinances.

(4) Any other exemptions required by federal, state, or local law.

SECTION 4 - REFUSE COLLECTION AND DISPOSAL

A. RESIDENTIAL COLLECTIONS.

Except for certain multifamily residential complexes as provided in

Section 4.A.(4) below, all residential customers will receive services using wheeled carts (aka) toter-type container 96 gallons, two wheeled carts will be furnished by the Contractor to each resident at the start of the Contract. Through the effective term of this Contract each residential unit shall be furnished with one

96-gallon cart for household garbage and one 64-gallon cart for household recycling and shall be considered a standard residential collection setup. Residential customers upon request may request a change out and will be provided with a 64-gallon carts for standard residential collection setup. At the expiration of the contract and any contract renewals all wheeled carts AKA toters with the city’s logo within the city and in the contractors inventory will become the property of the city, and the city will take title to the toters.

The Contractor will be required to repair and replace carts (lids.

wheels, cracked side or bodies) at any time during the Contract period upon request from the customer or the City. If there is a request to replace a stolen cart, the Contractor will have the authority to charge the customer for such replacement at the

Contractor’s cost-plus fifteen percent (15%) with a twenty-five-dollar ($25.00) delivery fee.

The Contractor may provide or replace a 2nd cart to a customer under this Contract and will have the authority to charge the customer for the second cart at the Contractor’s cost-plus fifteen percent

(15%) with a twenty-five-dollar ($25.00) delivery fee.

This Contract requires that all garbage be placed in plastic bags then into the container. Each regular garbage wheeled container cannot weigh more than one hundred pounds (100lbs). All carts issued by the Contractor for use with the City must have the City logo embossed on two (2) sides of the cart and all carts must be in the color of blue for garbage and blue with yellow lids for recycling.

The Contractor must tag all uncollected residential waste with a tag stating the date and time the tag is issued and marked with the reason for the non-collection. Each tag must be sent to the City daily by the end of business with the date the tag is issued for the City to be able to address any issues with the resident.

The City’s Contractor will be using rear Load (REL) type collection vehicles with two (2) people driver and helper to facilitate a more complete garbage pick-up. Collection Services will be provided as follows:

(1) Scheduled Refuse Collection. The Contractor will provide scheduled refuse collections for all City residential customers in accordance with the following terms and conditions:

(a) WHEN; for all residential refuse to be collected between 7:00 a.m. and 7:00 p.m.

The City may temporarily modify the collection routes from time to time with proper notice to the Contractor, which will be no less than ten (10) days. Residents are required to place the garbage containers at the curb or within five feet (5') of the edge of the roadway no later than 6:00

A.M. on the scheduled collection day. The residents are required to remove and store appropriately all garbage containers the evening of the scheduled collection day no later than 9:00 P.M.

(b) QUANTITY AND KIND: The Contractor will collect all refuse left for collection subject to the following exceptions, which are further addressed in Special

Collections in Subsection 4.E below:

(i) Litter: Contractor is not required to collect litter as defined in Chapter 66, solid waste collection, of the City Code.

(ii) Excluded Waste: This Contract does not cover or require the Contractor to provide for collection of excluded waste such as Biomedical waste.

(iii) Bulky Wastes: Contractor will generally include fencing, toilets, vanities, kitchen cabinets, sinks, and wooden doors as Bulky waste and other Bulky waste items as defined in the definition of Bulky waste. The Contractor will remove all Bulky waste items that have been placed at the curb or within five feet (5') of the edge of the roadway for refuse collection. However, if due to factors such as weight, size, quantity, or the presence of debris, Contractor is not be able to readily remove Bulky waste items without special equipment, the

Contractor shall, following identification of the need for special equipment, leave written tag notification at the residence or on the non-collected Bulk waste pile and it shall be the responsibility of the resident to order a special pick-up. The Contractor shall collect all Bulky waste as agreed upon by the City and Contractor, the specified day of each week by the close of such business day. Bulky waste does not include move-out piles as identified by both the city and the

Contractor. Move-out situations will be dealt with pursuant to the City’s Abatement process.

(c) WHERE: Collection will be made curbside, except for certain special accommodation customers who have been approved by the city for alternate collection location as follows: Special accommodation residential customers may file a written request with the city to arrange for a more convenient collection location, using forms provided by the city. The request must include (i) a signed statement that no one is residing at the home who is physically able to take the refuse curbside, and (ii) a physician’s statement verifying that the customer is physically unable to take the refuse curbside. Upon approval of the request, the City will provide notice to the Contractor that alternate collection is required, including the agreed upon collection location. Thereafter, the

Contractor will provide collection at the alternate location designated, such as the back door, garage entrance, or side yard. Disabled customers are prohibited from placing the container behind fences or gates. In such instance, Contractor will only be required to collect yard waste or bulky waste if left at the required curbside location. This special collection location will be applicable for garbage and recycling only. All Bulk items or yard waste must be placed within five feet (5’) of the edge of the roadway or curb including those residents who quality for special accommodations.

(d) HOW: The Contractor shall make collections with a minimum of noise and disturbance to the residents. Garbage receptacles shall be handled carefully by the Contractor and shall be thoroughly emptied and left in an upright position, wheels facing oncoming traffic with the lids in place closed in the location where they are found. It shall be prohibited for the Contractor to leave containers within the travel lane of the roadway, middle of customer’s driveway, sidewalks, pedestrian walkways or blocking mailboxes impeding delivery by USPS. Refuse may be transferred from containers into tubs, cans, hampers, or other containers used by the Contractor in carrying refuse to collection trucks. This work shall be done in a sanitary manner. Any items of special waste not collected by the Contractor will require the Contractor to place a Contractor provided notice on either the container or the customer’s front door as to the reason(s) such items were not collected. On the same day, the

Contractor will be required to deliver to the city a copy of such notice(s) which will also include the address.

The Contractor may submit a copy of the notices to the city electronically through the web-based tracking system or by scanning and emailing the notices to the City the same day. If applicable, this notification will also be acceptable via a web-based tracking system.

(2) Scheduled Yard Waste Collection. The Contractor will make a collection for yard trash as follows:

(a) WHEN: Once per week by designated zones to be determined between 7:00 am and 7:00 pm.

The City may temporarily modify the collection routes from time to time with proper notice to the Contractor, which will be no less than ten (10) days.

(b) QUANTITY: The Contractor will collect all yard waste left for collection which is properly prepared in bags, bundled and tied, except for excessive yard waste. Palm fronds may be laid "as is" at the curb or within five feet

(5') of the edge of the roadway. The Contractor will be required to collect all properly prepared yard waste up to four (4) cubic yards of bags or bundles. Bundles may not exceed four feet (4') in length and bundles and bags must weigh fifty pounds (50 lbs.) or less. For purposes herein, “excessive yard waste” shall mean (1) large items such as tree limbs that exceed four feet in length or six inches in diameter, or that weigh more than 50 pounds;

bundles/bags; bundles that exceed four feet (4') in length; (2) grass cuttings, leaves, or pine needles that are not containerized, bagged, or bundled for easy handling; and (3) yard trash from land clearing operations or preparation for construction or removal of trees or tree trimming by landscaping Contractor or tree surgeon.

Contractor will not be required to pick up excessive yard waste. When Contractor determines there is excessive waste, Contractor will be required to leave a written notice for the customer stating reasons why the excessive waste was not collected and submit a signed and dated ticket to the customer and a signed and dated tickets to the city and attach thereto a photograph of the excessive waste not taken by Contractor.

The City Manager or their designee will mediate in the event of a dispute between Contractor and the customer regarding the existence of excessive yard waste or the amount of the special collection charge. If the City

Manager or their designee determines that the yard waste is not excessive, Contractor will remove the remaining yard waste no later than close of business the day following identification/notification by the City to proceed including Saturday's. If the City determines that the yard waste is excessive, Contractor shall not be required to collect the yard waste. However, Contractor may collect the yard waste as a Special Collection

Service, set forth in Section 4.E., below or the next weekly collection at no charge.

(c) WHERE: Curbside or within five (5) feet of the edge of the roadway.

(d) HOW: See 2B. The Contractor shall make yard waste collections with a rear load type collection vehicle with one driver and one helper. The Contractor shall make collections with a minimum amount of noise and disturbance to the household. Reusable containers shall be handled carefully and shall be thoroughly emptied and left in an inverted position (not lying on its side) where they were found. Bags of garden and yard trash shall be collected, and any spillage picked up immediately by the Contractor.

Yard waste must be properly prepared in bags or bundled and tied -it may also be placed in the “toter” so it can be easily dumped. Loose piles of garden and yard trash will not be serviced. If there is scattered yard waste on the roadway due to such occurrence of a broken bag etc.

during the collection process, the Contractor will be responsible for the immediate cleanup at the site. If the resident does not prepare the yard waste properly for collection, then the Contractor will take a picture of the scattered yard waste/spillage and will not be required or responsible for such cleanup of the area. Upon this occurrence it will be the sole responsibility of the residents to clean up the area.

One (1) “Claw” truck will be available at all times during normal collection hours to service the City to meet the

Contract requirements. However, if the City determines a need to increase manpower and equipment to successfully collect the waste the City Manager or their designee has the right to request and require the Contractor to increase the use of additional manpower and equipment to complete any collection process in an acceptable manner.

(3) Scheduled Recyclable Materials Collection. Scheduled collections will be made for recyclable materials once per week, on the same day and from the same location as garbage.

Additional requirements regarding recycling are set forth in

Section 5, below.

(4) Special Collection Provisions for Certain Multifamily

Residential Complexes. This Section 4 applies to multifamily residential customers who are mechanical container-serviced customers. In addition, the City may require other multifamily residential complexes to use such containers, either upon their request or upon the City’s own initiative.

(a) Refuse collection will generally conform to the requirements provided for scheduled refuse collections in

Section 4.A.(1) above, except that:

(i) Containers will be located, and collection will be made, from the location as designated by the City and in the absence of a City designation will be made from a location agreed upon by the Contractor and the customer; provided that the City may require a different location to eliminate, prevent, or reduce odor, overflow, or spillage, or based on other aesthetic, public health, or safety concerns.

(ii) The Contractor will return container(s) to the enclosure, closing the container lids, doors and the screened enclosure doors or gates. The Contractor must properly spray the container(s) as directed by the city with a sanitizing spray from the collection vehicle.

(iii) The City may exempt a multi-family residential complex from scheduled yard waste collections based upon verification of an acceptable arrangement with a licensed landscaping services company for removal and lawful disposal of such yard waste.

(iv) The Contractor will immediately notify the City in writing either via email or if applicable through use of an Electronic Tracking System referenced in

Section 3.B.(9) if the Contractor observes unsanitary conditions such as continually overflowing containers or otherwise inappropriately placed materials while making collections.

(b) A multifamily residential complex using a mechanically emptied container will be treated as a commercial customer for purposes of determining the billable amount between the customer and the Contractor in Section 7, below.

(i). All temporary roll off will be exclusive to the City's Contractor unless the commercial establishment, management or property owner can provide evidence that the type of debris being collected and hauled is being recycled one hundred percent (100%). Contractor will be required to provide the city with a monthly temporary roll-off report with gross revenues, accompanied by remittance of the 15% franchise fee payment on the gross billing for such services. Monthly remittance shall be no later than the twentieth (20) of each month for the previous month’s roll off billing.

(ii) All roll off customers must be serviced in a timely manner. Each temporary roll off customer must be serviced the same day as the service is requested to be performed so long as the customer provides forty-eight (48) hours’ notice to the Contractor.

(iii)The Contractor, if applicable, is required to place each request for service by a customer into the tracking system used by the Contractor and approved by the City, immediately upon receipt of request so that the City will have access and notification of each incident. Service shall mean all requests or complaints for services such as delivery or collection. Failure to comply with this requirement will result in the city implementing the appropriate administrative charge against the Contractor. See

Section 14.

(c) QUANTITY AND KIND: Contractor will collect all refuse left for collection, including Bulky waste, except for the following, which are further addressed in Special

Collections, Section 4.E. below:

(i) Bulky Waste: If due to factors such as weight, size, quantity, or the presence of debris, Contractor cannot readily remove the Bulky waste item(s) without special equipment, Contractor shall return to the site the same day with such equipment and remove the Bulky waste items. Contractor shall establish and maintain an Electronic Tracking System referenced in Section 3.B.(9) to log and immediately notify the City. Photos of excessive Bulk waste will be provided by the Contractor for tracking to determine if there is an issue as to Bulky waste at a particular residential location.

excluded waste.

B. COMMERCIAL COLLECTIONS

(1) Commercial Customers will initiate, terminate, or change service directly with the city’s public works department

Commercial service shall start, terminate, or change in the next scheduled collection day from the date requested by the commercial customer. The city will bill the Commercial

Customers monthly. Changes in services (decreases, increases or terminations) will be prorated on the monthly billing.

(2) Scheduled Refuse Collection. Contractor shall provide refuse collection for all commercial customers in accordance with the following terms and conditions:

(a) WHEN: Scheduled collections will be made at a minimum of once per week between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday for each commercial property. In addition:

(ii) The Public Works Director, on his or her own initiative or in response to the customer’s request, may require the Contractor to provide additional scheduled collections for any commercial customer in order to protect public health.

(b) QUANTITY AND KIND: Contractor will collect all refuse left for collection, including Bulky waste, except for the following, which are further addressed in Special

Collections, Section 4.E. below:

(i) Bulky Waste: If due to factors such as weight, size, quantity, or the presence of debris, Contractor cannot readily remove the Bulky waste item(s) without special equipment, Contractor shall return to the site the same day with such equipment and remove the Bulky waste items. Contractor shall establish and maintain an Electronic Tracking System referenced in Section 3.B.(9) to log and immediately notify the City.

excluded waste.

(iii) Construction and demolition debris: This

Contract does not require Contractor to provide collection of construction and demolition debris generated by or on behalf of a commercial customer.

(c) WHERE: The commercial customer will accumulate refuse in locations that are mutually agreed upon by the customer and the Contractor and convenient for collection by the

Contractor. In the absence of a mutual agreement, or whenever determined necessary in order to eliminate, prevent, or reduce odor, overflow, or spillage, the Public

Works Department and/or the Public Works Director will determine the location.

(d) HOW: The Contractor shall make collections with as little disturbance as possible to business and commercial establishments. This work shall be done in a sanitary manner and any refuse spilled by the collector shall be picked up immediately by the Contractor’s employees. The

Contractor shall be responsible for returning the container to the enclosure, closing the container lids, doors and the screened enclosure doors or gates.

If a mechanical container is used the Contractor must properly spray the container as directed by the City with a sanitizing spray from the collection vehicle. It shall be the responsibility of the collection vehicle driver to immediately radio in any damage caused by his operation to the enclosure or gates thereto to the Contractor’s dispatcher who will arrange for repairs at the

Contractor’s expense and immediately notify the City in writing, email or if applicable through the electronic tracking system.

The Contractor will notify the City if the Contractor observes unsanitary conditions such as continually overflowing containers or otherwise inappropriately placed materials while making collections. Such notice will be provided on the same day as collection. If applicable, the Contractor will use the Electronic

Tracking System referenced in Section 3.B.(9) to provide such notice.

(3) Yard Waste. This Contract does not provide for scheduled collections of business and commercial yard waste. The commercial customer is responsible for having yard waste transported and disposed of in accordance with applicable laws and regulations at the commercial customer’s sole cost.

(4) Commercial Recycling Collection. See Section 5 below.

C. COLLECTIONS ON CITY PROPERTY. The Contractor will provide scheduled collection services on all City property and for all City facilities, including all parks and all property owned, leased, rented or controlled by the City. Exhibit C, attached, contains a list of current City properties to be served by Contractor, including frequency of collection.

The Contractor will provide up to two roll-off type containers at the public works department location for collecting all used tires improperly deposited on City rights-of-ways and collected by the

City crews and deposited at the Public Works Complex at no cost to the City. The city may from time to time request the Contractor to place one or both containers at a different location within the city for collection and disposal.

D.SPECIAL COLLECTIONS. Whenever this Contract specifically provides that Contractor is not required to collect refuse as part of its scheduled collection service (such as litter, excluded waste, construction and demolition debris, Bulky waste items, tires, and excessive yard waste), Contractor may collect such items at the customer’s request and bill the customer directly for a Special

Collection at the rates set forth in Exhibit F, except in those cases designated by the City as abatement cases. Contractor’s right to collect such items as a special collection and to bill the customer directly is subject to the City’s right to definitively determine whether such items are excluded from scheduled collections as part of this Contract upon the customer’s request.

E. MISCELLANEOUS COLLECTIONS.

(1) Dead animals on public streets and City-owned property.

On days Contractor is scheduled in the City the Contractor shall, during normal operating hours, pick up dead fowl, reptiles, animals, fish, etc. from public right—of-way, playgrounds, and all City-owned property within four hours after notification by the City. If the Contractor’s collection crews observe non-domesticated dead animals such as raccoons, armadillos or possums, the collection crew will be required to collect and dispose of such animals.