BOARD OF COUNTY COMMISSIONERS

Transcription

1 BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL RESIDENTIAL CURBSIDE SOLID WASTE AND RECYCLABLE COLLECTION SERVICES FOR CAMDEN COUNTY, GEORGIA RFP # PROPOSAL DUE: MAY 12, :00PM EST Purchasing Contact: Alethea Harris, Purchasing Officer

2 REQUEST FOR PROPOSALS RESIDENTIAL CURBSIDE SOLID WASTE AND RECYCLABLE COLLECTION SERVICES CAMDEN COUNTY, GEORGIA AND SELECTED MUNICIPALITIES Proposal Number: Due Date: May 12, PM EST TABLE OF CONTENTS SECTION 1 NOTICE TO PROPOSERS SECTION 2 ABOUT CAMDEN COUNTY SECTION 3 PROCUREMENT SCHEDULE SECTION 4 SCOPE OF WORK SECTION 5 PROPOSAL SUBMISSION REQUIREMENTS SECTION 6 PROPOSAL EVALUATION PROCESS SECTION 7 PROPOSAL FORMS SECTION 8 EXHIBITS Exhibit A Draft Agreement for Solid Waste and Recyclable Materials Collection Service Exhibit B Map of Current Service Area

3 1.0 Notice to Proposers The Camden County Board of Commissioners is seeking proposals from qualified firms to provide Solid Waste and Recyclable Material Collection Services for unincorporated Camden County and the City of Woodbine and Recyclable Material Collection Services for the City of Kingsland. Proposals will be received until 2 p.m. EST Friday May 12, One (1) original and two (2) copies of required proposal documents must be submitted in a sealed envelope marked with the Request for Proposal number, due date, and the Proposer s name and address and delivered to the following address: U.S. Postal Service: Camden County Board of Commissioners Attn: Purchasing Office P.O. Box 99 Woodbine, GA FEDEX/UPS: Camden County Board of Commissioners Attn: Purchasing Office 200 E. 4th St. Woodbine, GA The Camden County Purchasing Officer is the sole point of contact for this solicitation. Questions may be submitted in writing up to five (5) business days prior to proposal opening. Questions may be ed to Alethea Harris at bids@co.camden.ga.us. Material questions will be answered by posting and addendum to the county website at ( It is the sole responsibility of the Proposer to check the website regularly up to and including the date the proposals are due. 2.0 About Camden County 2.1 Location and Population Camden County covers 659 square miles in the southeastern corner of Georgia. It is bordered by the State of Florida to the south, the Atlantic Ocean to the east, Glynn County to the north, and Brantley and Charlton counties to the west. Interstate 95, U.S. Highway 17, and Georgia Highway 17 pass through the County. There are three municipalities located in the County: Kingsland, St. Mary s, and Woodbine. Camden County had a population of 52,102 in 2015 with 1,412 living in the City of Woodbine and the remainder split nearly evenly between the City of Kingsland, St. Mary s and the unincorporated County. Table 1 shows the 2015 population of each local government. Table 2 shows the projected population of the entire County through Table 1 Population of Camden County and Municipalities, 2015 Jurisdiction Population Unincorporated Camden County 16,235 (1) City of Kingsland 16,487 (2) City of St. Marys 17,968 (2) City of Woodbine 1,412 (3) Camden County (Total) 52,102 (2) (1) Calculated (2) US Census Bureau Quick Facts (3) Suburban Stats Table 2 Population Projections for Camden County

4 Year Population , , , ,027 Source: Extrapolated from Description of Current Solid Waste and Recycling Services Camden County and the City of Woodbine have an Agreement with a private service provider for the following services: Weekly, curbside collection of solid waste placed in 90-gallon wheeled carts provided by the Contractor and delivery of all solid waste collected to the Camden Co-SR110 MSWL located at 5395 Highway 110, Woodbine, Georgia. Weekly, curbside collection of Recyclable Materials (currently consisting of glass, aluminum, steel, and HDPE and PET plastic containers; newspaper; magazines; and old corrugated cardboard) from nineteen (19) gallon bins provided by the Contactor in Bundles and delivered to Recycling Facility arranged by the Contractor. Collection bulky items, including white goods, within ten (10) days upon request of the customer and delivery to Camden Co - S.R. 110 C/D/I Waste Landfill. Weekly cart-based collection of solid waste and recyclables from selected buildings and facilities owned, leased or under the direct control of the Camden County Board of Commissioners. Collection of solid waste and recyclables from non-profit houses of worship as approved by Board. The County s current Agreement for solid waste and recycling collection services expires on June 30, A map of the current residential solid waste and recycling service collection areas are shown in Exhibit B. 3.0 Procurement Schedule Table 3 shows the anticipated schedule for this procurement. Any changes to this schedule will be posted to the Camden County website at Table 3 Procurement Schedule Task Estimated Date RFP Issued April 28, 2017 Deadline for Inquiries May , 5 PM EST Proposals Due May 12, 2017, 2 PM EST Recommended Award May 19, 2017 Final Contract Negotiated May 23, 2017 Consideration by Board of Commissioners May 25, 2017 Service begins July 1, 2017

5 3.1 Mandatory Pre-Proposal Conference A mandatory Pre-Proposal meeting will be not be held. 3.2 Deadline for Inquiries It is the responsibility of each Proposer to examine the entire RFP and seek clarification if needed. Questions and inquiries will be accepted from any and all proposers. Camden County Purchasing Officer is the sole point of contact for this solicitation unless otherwise instructed herein. Questions must be submitted in writing up to five (5) business days prior to proposal opening. Questions may be ed to Alethea Harris at bids@co.camden.ga.us. No phone calls, please. Unauthorized contact with other Camden County staff regarding the RFP may result in the disqualification of the Proposer. Inquiries pertaining to Requests for Proposals must give RFP number and title. Material questions will be answered in writing, typically by posting to the county website as an addendum. It is the sole responsibility of the proposer to check the website ( regularly up to and including the date the proposals are due. 3.3 Proposal Due Date and Opening Date Proposals are due by 2:00 PM, EST on Friday, May 12, 2017 at the following address: U.S. Postal Service: Camden County Board of Commissioners Purchasing Office P.O. Box 99 Woodbine, GA FEDEX/UPS: Camden County Board of Commissioners Purchasing Office 200 E. 4 th St. Woodbine, GA Proposals will be accepted at the above address until the time and date specified above, and immediately after will be publicly opened and vendor names only will be read aloud. The proposals may be hand delivered up to 1:55 p.m. on the 12 th. Proposals received after the required time or in any other location other than the Purchasing Office/Government Services Complex will not be accepted. Camden County will not be held liable for misdirected deliveries nor deliveries that are late due to shipping carrier. Faxed or submissions will not be accepted. All proposals submitted in response to this invitation shall become the property of Camden County and will be a matter of public record available for review after award. 3.4 Interviews The County may request that selected Proposers participate in interviews with the County s proposal review committee. If an interview is needed during the evaluation process, the County estimates that any such interviews will be conducted during the week of May 20, Approval of Contract Award The County anticipates that the negotiated contract shall be presented for consideration by the Camden County Board of Commissioners at a special called Board meeting on May 25, Commencement of Solid Waste and Recycling Services Proposer(s) awarded a contract shall commence solid waste and recycling services at 12:00 a.m. Saturday, July 1, 2017

6 4.0 Scope of Work This section summarizes the scope of work requested. Proposers shall review the Draft Agreement in Exhibit A for further understanding of the scope of work. The Draft Agreement may be revised, by mutual consent, during negotiations with the successful Proposer(s). 4.1 Term The initial term for the Agreement between the County and the successful Proposer shall be for five (5) years commencing on July 1, 2017 at 12:00 AM, EST. The County may renew the contract for up to two (2) additional two (2) year terms upon expiration of the initial term on June 30, 2022 at 11:59 PM, EST. 4.2 Solid Waste Collection The successful Proposer shall provide weekly collection of solid waste on a scheduled collection day via rolling carts of no less than 90 gallons. The successful Proposer will serve approximately 4,830 units in the unincorporated area of the Camden County and approximately 440 units in the City of Woodbine. Exhibit B shows a map of the service area. Proposer shall deliver all solid waste collected to the MSW Landfill located at 5395 Highway 110, Woodbine, Georgia. All vehicles utilized by the selected Proposer under this Agreement shall meet the requirements stipulated in Article 5. of the Draft Agreement included as Exhibit A. Proposers shall include the option to purchase and distribute Receptacles for Solid Waste consistent which must meet the requirements stipulated in Article 5 of the Draft Agreement included as Exhibit A. The Proposer shall be responsible for maintenance of the carts. 4.3 Recyclable Material Collection The successful Proposer shall provide once per week collection of single-stream recyclable materials to include glass, aluminum, steel, and HDPE and PET plastic containers; newspaper; magazines; and old corrugated cardboard. Recyclable material shall be collected on the same day as solid waste collection from approximately 4,830 units in the unincorporated area of the County and approximately 440 units in the City of Woodbine. Exhibit B shows a map of the service area. Proposer shall be responsible for arranging for the processing and marketing of recyclable materials collected and delivering recyclable material to the recycling facility. Proposers have the option of proposing an alternative list of recyclable materials in addition to those included in Article 3 of the Draft Agreement in Exhibit A. The successful Proposer shall not commingle recyclable materials collected pursuant to this contract with solid waste. The successful Proposer shall not dispose of recyclable materials or deliver recyclable materials to markets that proposer knows or reasonably should have anticipated will dispose of recyclable materials except when approved in writing by the County contract administrator. Proposers shall describe the receptacles it proposes to use for collection of recyclable materials. Proposer shall be responsible for maintenance of the receptacles. 4.4 Bulky Item Collection The successful Proposer shall collect bulky items (as defined in Article 3 of the Draft Agreement in Exhibit A) within ten (10) days of request from customers in the service area. Proposer shall be responsible for scheduling pick-ups of bulky items upon request and delivering to the MSW Landfill 5395 Hwy 110, Woodbine, Georgia. 4.5 Collection from County Facilities

7 The successful Proposer shall provide the same weekly solid waste and recyclable material collection services defined in Section 4.2 and 4.3 to specified 35 Camden County facilities at no additional cost. 4.6 Collection from Approved Non-Profit Houses of Worship The successful Proposer shall provide the same weekly solid waste and recyclable material collection services defined in Section 4.2 and 4.3 to non-profit houses of worship for which proof of non-profit status has been provided to and approved by the Board at no additional cost to the County. 4.7 Customer Service All complaints received by Camden County Curbside and forwarded to the Contractor before 1:00 p.m. shall be resolved by 6:00 p.m. on the day the complaint was received. All complaints received after 1:00 p.m. shall be resolved by noon the next day. 4.8 Public Education and Outreach Proposers can provide additional public education and outreach approaches to ensure proper setout of solid waste and recyclable materials for collection, to encourage participation in recycling programs, to provide regular updated information about the collection schedule and any changes, and to address ongoing questions or concerns regarding collection service. 4.9 Recordkeeping and Reporting The successful Proposer shall create, maintain, and make available to the County the following records on a monthly basis: a) tons of recyclable materials collected and delivered to each recycling facility; b) tons of bulky items collected and delivered to designated disposal facility; c) customer calls/complaints to include customer address, time and date, reason, and resolution; d) such other documents and reports as the County may reasonably require to verify compliance or to meet the County's reporting requirements. The successful Proposer shall submit electronic reports of the above records, using software and formats approved by the County. All records shall be available to County at reasonable times and places throughout the term of this Contract and for a period of five (5) years after last or final payment Disposal of Additional Solid Waste at Camden County Landfills Proposers have the option of proposing to deliver additional municipal solid waste, collected outside the scope of this Contract, to the MSW Landfill 5395 Hwy 110, Woodbine, Georgia and to deliver acceptable construction and demolition debris to the adjacent Camden Co S.R. 110 C & D Industrial Waste Landfill, 1600 Hwy, Woodbine, Georgia. Proposers should indicate the additional tons per year they will commit to delivering in each year of the Agreement. Proposers shall base this commitment on an assumed tipping fee of $23.43 per ton at the Camden Co-SR 110 MSWL and $14.75 per ton at the Camden Co-SR 110 C/D/I Waste Landfill. Additional tons proposed should exclude tons collected under any agreement with Camden County or municipalities in Camden County. Additional tons should include solid waste collected from other sources within Camden County (i.e., commercial sources not covered under a municipal contract) or from sources outside of Camden County.

8 5.0 Proposal Submission Requirements 5.1 Proposal Submission Format The Proposer shall submit one (1) original and two (2) copies of their proposal as described in Section 3 of the RFP. Camden County Purchasing Office will not accept proposals received by or FAX. Proposals shall be organized as follows: Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Letter of Intent Approach Key Personnel Exceptions to RFP Experience and Performance History/Resume References Financial Capacity (3 years Audited Financials included) Pricing and Other Required Forms The content of each section is described below. The Proposer may also provide supplemental marketing or technical materials, to be packaged separately from the Proposal. No materials provided by the Proposer will be returned at any time during or following this procurement Letter of Intent Letter of Intent shall be signed in accordance with Section 5.2 of this RFP and shall include the following statements: a) Proposal binding for One Hundred and Eighty (180) Days. Each proposal shall contain a statement that the proposal is a firm offer for a one hundred eighty (180) calendar day period from the opening date specified in Section 3.3 of this RFP. b) Representation as to Accuracy and Completeness of Proposal. The information contained in this Proposal or any part thereof, including its exhibits, schedules and other documents and instruments delivered or to be delivered to the County, are true, accurate and complete to the Proposer s knowledge. This proposal includes all information necessary to ensure that the statements herein do not in whole or in part mislead the County as to any material facts Approach Proposer must provide a thorough description of the overall approach to providing solid waste and recyclable material collection services including the following. a) Description of Collection Vehicles. Proposer shall describe vehicles proposed to provide these services in Camden County. All vehicles must comply with the minimum requirements included in Article 5 of the Draft Agreement including in Exhibit A. The description of vehicles must include the following: Number of vehicles to be used, separately identifying spare vehicles, for solid waste, recyclable material, and bulky item collection service; Make, model, age, and description of each proposed vehicle by type of service; Equipment or technology (GPS, RFID, digital cameras, direct connect phones, etc.) that will be included on each proposed vehicle;

9 Photos of each type of vehicle; Number of personnel, including drivers and helpers/collectors, per type of solid waste and recycling service; Description of maintenance program (inclusive of preventative maintenance, cleaning and repairs) and vehicle replacement schedule; Timeline for acquisition of vehicles; and Description of purchase/financing for vehicles. b) Description of Receptacles for Solid Waste. Proposer shall describe the wheeled carts proposed for collection of solid waste. Receptacles must comply with the minimum requirements included in Article 5 of the Draft Agreement including in Exhibit A. The description must include the following: Manufacturer, make, color, and description of each proposed cart; Sizes of carts; Photos of each type of cart; Timeline for acquisition of carts; Description of purchase/financing for carts; and Descriptions of program to store, maintain, repair and switch-out carts for customers. c) Description of Receptacles for Recyclable Material. Proposer shall describe the Receptacles, either carts or bins, proposed for recyclable material. Although recyclable materials are currently collected in nineteen (19) gallon bins, the County will consider alternative receptacles to increase diversion and otherwise enhance recycling. Proposers must include the following: Manufacturer, make, color, and description of each proposed receptacle; Sizes of receptacles; Photos of each type of receptacle; Timeline for acquisition of receptacles; Description of purchase/financing for receptacles; and Descriptions of program to store, maintain, repair and switch-out receptacles for customers. d) Collection Route Schedules and Maps. Proposer shall include a proposed route schedule and maps for weekly solid waste and recycling services. e) Recycling Facility. Proposer shall describe the recycling facility (ies) where all recyclable materials collected under this Contract will be delivered. For each facility, Proposer shall provide the following: Name of facility; Owner(s) of facility; Operator of facility; Location of facility; and Proof that such facility is able and willing to accept material collected from the County for the term of the Contract. If the Proposer would like to propose an Alternative List of Recycled Materials to be collected under this Contract in addition to the Recyclable Materials listed in Article 3 of the Draft Agreement included in Exhibit A, it may do so on Form A where indicated. f) Delivery of Additional Solid Waste to Camden Co-SR110 MSW and Camden Co-SR110 C/D/I Waste Landfill. On Form B, Camden County gives Proposers the option to indicate additional tons of Solid Waste that it will deliver each year to the Camden Co SR110 MSW (Camden County

10 Solid Waste Authority MSW Landfill) and to the Camden C0-SR110 C/D/I Waste Landfill at a tipping fee of $14.75 per ton. The amount indicated on this form should exclude all solid waste collected under any Contract with Camden County or municipalities in Camden County. The amount indicated should include solid waste that the Proposer commits to deliver from other sources within Camden County (i.e., commercial sources not covered under a municipal contract) or from sources outside of Camden County. The Proposer should consider the amount committed to delivering herein as a put or pay commitment. That is, if the Proposer includes Form B as part of its Proposal, the Proposer is indicating a commitment to deliver the tons indicated to the Camden Co-SR110 MSWL each year and to pay $23.43 per ton and to deliver the tons indicated to the Camden Co-SR110 C/D/I Waste Landfill each year and to pay $14,75 per ton. If commitment is indicated, up to 10 additional bonus points may be given during the evaluation process. g) Transition Plan. Proposer will describe its proposed strategies to ensure a smooth transition from the current private service provider to the successful Proposer(s). In the transition plan, Proposer must describe the following: Individual or group of individuals that will oversee the transition. Proposed approach, including equipment, personnel, and schedule, for delivering carts/containers to customers. Proposers shall also describe how the delivery of carts/containers will be conducted in coordination with removal of the existing carts/containers used by the current private service provider. Proposers will describe the procedure for collection in the event that customers set out materials in both the existing carts/containers and the new carts/containers for collection during the transition period. Overall schedule for the transition. Proposed strategies for customer service and public education regarding the potential transition of service providers. h) Customer Service. Proposers shall provide the following customer service information within their proposals: Location of customer service office; Hours of operation; Number of staff proposed during hours of operation; and Description of customer complaint resolution procedures. Proposers should take note of the customer service requirements included in Section 4 of the RFP and Article 6 of the Draft Agreement in Exhibit A but can propose additional customer services approaches herein. i) Public Education. Proposer shall provide the following public education information within their proposals: Description of overall public education program to be provided by Proposer to customers; Strategies to ensure proper setout of materials for collection; Description of Proposer s personnel that have expertise in public education that will be available to provide technical support for public education efforts; Sample public education materials that have been developed by the Proposer for use for similar programs or service transition; and Identification of additional funding or public education support. Proposers should take note of the public education requirements included in Section 4 of the RFP and Article X of the Draft Agreement in Exhibit A but can propose public education approaches herein.

11 5.1.3 Key Personnel Proposer shall provide the following information about key personnel assigned to the contract. At a minimum, key personnel shall include general manager, operations manager, and maintenance manager and other personnel that will have regular contact with the County. a) Organization chart for key personnel indicating how the Proposer s personnel will interact with and relate to the County; b) Resumes for each key person identified (for positions that are currently unfilled, identify minimum qualifications for that position); c) Job descriptions indicating the qualifications and experience of key personnel the Proposer would assign to the transition team and to the ongoing management of the services provided under the contract; d) Identification of the amount of time each key person identified will be dedicated to work on the contract; e) Description of policies and procedures that are in place to ensure that personnel performing services are qualified and proficient. Proposers must describe the educational requirements for personnel by position; f) Identification of training programs for personnel, including safety training; and g) Description of dress code that is required for personnel. Proposers should note the personnel requirements included in Section X of the Draft Agreement in Exhibit A Exceptions to RFP Proposers who wish to propose modifications to the Draft Agreement contained in Exhibit A must clearly identify the proposed deviation and any proposed substitute language Experience and Performance History Proposer must disclose the amount of time that Proposer has been performing service under its current business name. Proposers shall provide a list of communities similar to the County for which the Proposer or any affiliate has provided similar services to those requested herein. County reserves the right to contact such communities to inquire about performance. Proposers must submit the following information regarding each community identified: a) Description of services; b) Dates of service; and c) Estimated number of customers serviced. In addition, Proposer shall disclose any contract in the past five years that ended prior to the contract expiration date due to any of the following reasons: Assignment of the contract to another vendor; Termination of the contract; Mutual agreement with the customer to discontinue service; and Other reason. Proposers must disclose any litigation that occurred as a direct result of service Contracts for which Proposer was providing similar services for which Proposer is submitting a proposal References

12 Proposer shall provide a minimum of three (3) references from senior officials at public agencies, counties, or cities served by the Proposer or any affiliate of the Proposer since January 1, 2012 with similar services to those requested herein. Proposer must provide the following information: a) Name of the contact person, phone number, and address; b) Description of services; c) Dates of service; and d) Estimated number of customers serviced. Proposers should use Form C for submitting references Financial Capacity Proposers must submit sufficient information to demonstrate the Proposer s financial capacity to handle a contract for the services for which the Proposer is submitting a proposal. Examples of documentation that would fulfill this requirement include, but are not limited to, audited financial statements for the last three years, Proposers must also disclose whether they have ever filed for bankruptcy Pricing Proposers shall complete Form A to indicate the cost per unit per month for each service for the first year of the five (5) year term of the Contract. Proposers should indicate the cost per unit per month for all services indicated, including the cost per unit per month for Recyclable Material Collection under two different customer count scenarios as provided for in Form A. The successful proposers may request rate changes annually for subsequent years of the term for consideration by the Board, an annual CPI adjustment is further described in Article 7 of the Draft Agreement included in Exhibit A. Proposers shall consider the following factors in its rate proposal. a) The successful proposer will provide the services herein to qualified indigent customers, as verified by the Board, at fifty (50) percent of the rate proposed for other customers. As of January 31, 2017, approximately one (1) percent of the households in the unincorporated Camden County were eligible for the reduced rate. b) The successful Proposer shall provide the services identified in this RFP to Camden County buildings and facilities owned, leased, or under the direct control of the Board at no additional cost to the Camden County. c) The successful Proposer shall provide the services identified in this RFP to non-profit houses of worship for which proof of non-profit status has been provided to and approved by the Board at no additional cost to the Camden County Required Forms Proposers shall complete all required forms included in Section Signatures Proposals MUST give full firm name and address of proposer. Failure to manually sign proposal may disqualify it. Person signing proposal should show TITLE or AUTHORITY TO BIND HIS FIRM IN A CONTRACT.

13 5.3 Typed or Ink Corrections Proposals shall be typed or in ink. Erasures, interlineations or other modifications in the proposal shall be initialed in ink by the person authorized to sign the Proposal as set forth in Section Proposal Time Stamp The time proposals are received shall be determined by the time clock stamp in the Purchasing Office. Purchasing Office personnel will promptly timestamp submissions as they are received. Proposers are responsible for insuring that their proposals are received and stamped by Purchasing Office personnel by the deadline indicated. 5.5 Proposer Representations and Responsibilities By submitting a proposal in response to this Request for Proposal, the Proposer represents that it has read and understands all elements of this Request for Proposal and has familiarized itself with all federal, state, and local laws, ordinances, and rules and regulations that in any manner may affect the cost, progress, or performance of the contract work. Proposer shall promptly notify the County of any omission, ambiguity, inconsistency, or error that they may discover upon examination of the Request for Proposal. Failure to make such examination shall be at the Proposer s own risk. The County assumes no responsibility for Proposer s failure to examine all documents that make up this Request for Proposal. By submitting a proposal in response to this Request for Proposal, the Proposer represents that is has not relied exclusively upon any data or information provided by the County, but has supplemented this information through due diligence research. Proposers shall examine the County including the streets, alleys, overhead trees, wires and such other physical conditions and requirements to be encountered in the work, the quality and quantity of the service to be performed, and materials and equipment to be furnished. The Proposer will not be entitled to additional compensation upon subsequently finding that conditions require method or equipment other than that anticipated in making the proposal. Failure to make such examinations shall be at the Proposer s sole risk. The failure or omission of any Proposer to receive or examine any form, instrument, addendum, or other documents or to acquaint itself with conditions existing at the site or technical details of systems to be integrated with, shall in no way relieve any Proposer from any obligations with respect to its proposal or to the contract. 5.6 Proposal Withdrawal A proposal may be modified or withdrawn by the Proposer any time prior to the time and date set for the receipt of proposals. The Proposer shall notify the Purchasing Office in writing of its intentions. a) If a change in the proposal is requested, the modification must be so worded by the Proposer as to not reveal the original amount of the proposal. b) Modified and withdrawn proposals may be resubmitted to the Purchasing Office up to the time and date set for the receipt of proposals. c) No proposal can be withdrawn after the time set for the receipt of proposals and for sixty (60) days thereafter. 6.0 Proposal Evaluation/Selection Process

14 6.1 Overview of Proposal Evaluation/Selection Process The County has attempted to provide Proposers with a comprehensive statement of requirements for solid waste and recycling collection services through this RFP. Proposers are requested to make written proposals which present the Proposer's qualifications and understanding of the work to be performed. A selection committee will review and evaluate all proposals and may conduct oral interviews,. The selection committee will only consider the response to this solicitation for selection of finalists. It is critical, therefore, that Proposers provide information completely, accurately, and clearly. Proposers are asked to address each evaluation criteria and to be specific in presenting their qualifications. 6.2 Minimum Requirements Proposer shall include the following to be considered in the proposal evaluation/selection process. a) Demonstrated Experience. Each Proposer and/or its key personnel must demonstrate that they have successfully provided a minimum of five (5) years residential curbside solid waste collection experience. Each Proposer must provide a minimum of (3) three references that include city governments, county governments, federal government or current customers. The referenced cities/counties must hold a population that is comparable to, or larger than, the population of 2500 or more residence. Each city or county customer must respond favorably to the reference inquiry with no history of unresolved service issues or concerns. 6.3 Criteria for Award Proposals for consideration must contain evidence of the Proposer s experience and abilities in the specified area and other disciplines directly related to the proposed services. Evaluation of the responses will be based on the following criteria: a) 20 points Approach, Key Personnel, Exceptions to RFP b) 30 points Experience and Performance History and Resume, References c) 10 points Financial Capacity d) 40 points Price e) 10 Bonus Points- Commitment of Additional Solid Waste

15 7.0 Proposal Forms This Section includes all forms to accompany Proposals. Table X indicates each form and whether it is mandatory or optional. Table X: A Pricing Proposal Mandatory & Scored B Commitment of Additional Solid Waste to Camden County Optional (10 additional Solid Waste Authority Landfill Bonus Points) & Scored C References Mandatory D List of Subcontractors Mandatory if applicable E Contractor Affidavit and Agreement Mandatory F Subcontractor Affidavit and Agreement Mandatory if applicable G Statement of Proposer s qualifications Mandatory H Bid Bond Mandatory I Affidavit of Non-Collusion Mandatory J Liability Insurance, Automobile, Umbrella and Worker s Compensation Mandatory FAILURE TO RETURN THE FORMS ABOVE, AS PART OF YOUR BID, MAY RESULT IN BID BEING DEEMED NON- RESPONSIVE.

16 Form A: Pricing Proposal Service Monthly Fee per Service Unit 1 For 5,100-5,300 units 2 For 10,800-11,000 units 3 Solid Waste Services 1. Weekly, Solid Waste Collection Base Rate 4, 5 $ 2. Solid Waste Base Rate for Qualified Indigent Customers (must be equal to 50% of Base Rate $ indicated for Item 1. above) 6 3. Solid Waste Cart Rate 7 $ 4. Replacement Solid Waste Cart 8 $ Recycling Services 5. Recycling Base Rate for Listed Recyclable Materials 9 $ $ 6. Recycling Base Rate for Qualified Indigent Customers (must be equal to 50% of Base Rate indicated above) 6 $ $ Optional: If Proposer opts to propose an Alternative List of Recyclable Materials in addition to providing a Recycling Base Rate for Listed Recyclable Materials in Row 5, please indicate the Alternative List of Recyclable Materials in this box. 7. Recycling Base Rate for Alternative List Recyclable Materials 10 $ $ 8. Recycling Cart/Bin Rate 11 $ $ 9. Replacement Recycling Cart/Bin 12 $ $ Bulky Item Services 10. On-Call Collection $ Notes: 1. Service units primarily include residences but also include several small commercial customers that receive weekly curbside, cart-based solid waste collection. All proposed fees should take into account that collection services for County facilities and approved non-profit houses of worship will be serviced weekly by the Contractor at no additional cost. 2. Includes units in unincorporated Camden County and the City of Woodbine. 3. Includes units in unincorporated Camden County, the City of Woodbine. 4. Excluding cost of providing cart which is priced separately below. 5. Excluding the cost of disposal. County will bill customers directly for the cost of disposal. Contractor will pay no tipping fee for solid waste collected under this Contract and delivered to the Camden Co-SR110 MSW Landfill. 6. Currently approximately 1% of total accounts. 7. The fee if County elects to have Proposer purchase Solid Waste Carts. Cart rate should include costs associated with purchase, assembly, and initial distribution of carts. County reserves the right to purchase the carts. 8. In the case that the Proposer provides Solid Waste Carts, indicate the fee to replace a Cart due to damage by the customer. Shall be equal to the cost to purchase, assemble, and deliver the cart. 9. Excluding cost of providing proposed cart or bin which is priced separately below. 10. Proposers must provide fee for Recyclable Materials listed in this Request for Proposals and in Article 3 of the Draft Agreement included in Exhibit A for Item 5. A Proposer has the option of proposing a different fee for an Alternative List of Recyclable Materials. The Proposer shall indicate the proposed fee on this line for the Alternative List of Recyclable Materials above.

17 11. Proposer should provide price for recycling receptacles proposed in its Approach. Recycling Cart/Bin Rate represents the fee to be charged by Proposer if County elects to have Proposer purchase Recycling Carts/Bins. Cart/Bin rate should include costs associated with purchase, assembly and initial distribution of carts/bins. County reserves the right to purchase the carts/bins. 12. In the case that the Proposer purchases Recycling Carts/Bins. Refers to a Recycling Cart/Bin that must be replaced due to damage by the customer. Shall be equal to the cost to purchase, assemble, and deliver the cart/bin. Having carefully examined the Proposal Documents entitled Solid Waste and Recyclable Materials Collection Service and Addendum(s) No. (s), we propose to furnish all services, labor, equipment and materials to perform the entire work, in accordance with aforesaid documents, as described above. We agree that this proposal may not be revoked or withdrawn for a period of sixty (60) days following such time. FIRM NAME: AUTHORIZED OFFICIAL NAME: TITLE: SIGNATURE: DATE: ADDRESS: CITY/STATE/ZIP: TELEPHONE: FAX NUMBER:

18 Form B: Commitment of Additional Solid Waste to Camden County Solid Waste Authority Landfills (Optional) The Proposer commits to deliver the tons of MSW indicated in the Table below to the Camden Co SR110 MSWL located at 5395 Highway 110, Woodbine, Georgia and pay the associated tipping fee of $23.43 per ton. The Proposer commits to deliver the tons of construction and demolition debris or other solid waste indicated (acceptable at this facility) to the adjacent Camden Co-SR110 C/D/I Waste Landfill and pay the associated tipping fee of $ The number of tons indicated is the Solid Waste collected outside of this Contract or any other Contracts with Camden County or its municipalities. It includes Solid Waste from other sources within Camden County (i.e., commercial sources not covered under a municipal contract) or from sources outside of Camden County. By signing this form, the Proposer understands that if selected, Proposer commits to delivering the tons indicated in each year to each landfill and paying the associated tipping fee. Year Year 1 Year 2 Year 3 Year 4 Year 5 Tons Committed to Camden Co-SR110 MSWL at $ $23.43 per ton Tons Committed to Camden Co-SR110 C/D/I Waste Landfill at $ $14.75 per ton FIRM NAME: PROPOSER AUTHORIZED OFFICIAL SIGNATURE: ADDRESS: CITY/STATE/ZIP: TELEPHONE: FAX NUMBER:

19 Form C: References Camden County Board of Commissioners requests a minimum of three (3) references where work of a similar size and scope has been completed. (See Section of RFP) Proposers shall provide references on this form. 1. Customer Name Description of Services Provided Number of Units Served Dates of Service Date of Service Contact Phone Title 2. Customer Name Description of Services Provided Number of Units Served Dates of Service Date of Service Contact Phone Title 3. Customer Name Description of Services Provided Number of Units Served Dates of Service Date of Service Contact Phone Title

20 Form D: List of Subcontractors I do, do not propose to subcontract some of the work on this project. I propose to subcontract work to the following subcontractors: NAME AND ADDRESS TYPE OF WORK

21 Form E: Contractor Affidavit and Agreement By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A , stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of the Camden County Board of Commissioners has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A (b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number (E-verify Number) Date of Authorization Name of Contractor Address of Contractor City, State and Zip Code Name of Project I hereby declare under the penalty of perjury that the foregoing is true and correct. Executed on,, 20 in (City), (State). Signature of Authorized Officer or Agent (Contractor) Title of Authorized Officer or Agent (Contractor) Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF, 201 Notary Public My Commission Expires:

22 Form F: Subcontractor Affidavit and Agreement By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A , stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of Camden County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L ], in accordance with the applicability provisions and deadlines established in O.C.G.A EEV / Basic Pilot Program* User Identification Number BY: Authorized Officer or Agent Signature Date (Subcontractor Name) Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF, 201 Notary Public My Commission Expires:

23 FORM G: STATEMENT OF PROPOSER S QUALIFICATIONS (To be subscribed and sworn to before a notary public) The proposer submits the following statement of proposer s qualification for consideration by Camden County. Legal Name of Proposer/Firm: Street Address: Telephone Number: Fax Number: Address: When Organized: Where Incorporated: Number of years engaged in the contracting business under the present firm name: Plan of Organization: Proprietorship Corporation Partnership The proposer or its partners has never refused to sign a contract at the original bid. T F The proposer or its partners has never been declared default on a contract. The proposer or its partners has never been debarred. The proposer or its partners has never file bankruptcy. T F T F T F Remarks: The foregoing statement of qualifications is submitted under oath. Under oath, I certify that I am a principal or other representative of the firm of and I am authorized by it to execute the foregoing offer on its behalf. I am a principal person of the foregoing with management responsibility for the foregoing subject matter and as such, I am personally knowledgeable of all its pertinent matters. The foregoing statements of facts in the foregoing proposal are true. I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a proposal for the same materials, labor supplies or equipment and is in all respects, fair and without collusion or fraud. We understand collusive bidding is violation of state and federal law and can result in fines, prison sentences and civil damage awards. We agree to abide by all conditions of this proposal.

24 The full name and addresses of persons and firms interested in the foregoing proposal as principals are as follows: Date: Legal Name of Firm: By (Signature): Printed Name: Title: Sworn to and subscribed before this day of 201. Notary Public My commission expires:

25 FORM H: BID BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) A (Corporation, Partnership or Individual) hereinafter called Principal, and (Name of Surety) (Address of Surety) a Corporation of the State of, and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto Camden County Board of Commissioners (Name of Owner) 200 East 4 th Street/ P. O. Box 99, Woodbine, Georgia (Address of Owner) Thereinafter referred to as Owner: in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. WHEREAS, the Principal is about to submit, or has submitted, to Camden County Board of Commissioners, Camden County, Georgia, a proposal for furnishing materials, labor, receptacles, transportation and equipment for: WHEREAS, the Principal desires to file this Bond in accordance with law in lieu of a certified Bidder's check otherwise required to accompany this Proposal. NOW, THEREFORE, the conditions of this obligation are such that if the proposal be accepted, the Principal shall within ten days after receipt of notification of the acceptance, execute a Contract in accordance with the Proposal and upon the terms, conditions, and prices set forth in the form and manner required by Camden County Board of Commissioners and execute a sufficient and satisfactory Performance Bond and Payment Bond payable to Camden County Board of Commissioners, each in the amount of 100% of the total Contract Price, in form and with security satisfactory to said Camden County, Georgia, and otherwise, to be and remain in full force and virtue in law, and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to Camden County Board of Commissioners, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

26 PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A et seq., and is intended to be and shall be constructed as a bond in compliance with the requirements thereof. Signed, sealed and dated this day of, 20. ATTEST: (Principal Secretary) (SEAL) (Witness as to Principal) (Address) (Principal) By: (Address) (Surety) ATTEST: Resident Agent (SEAL) By: (Attorney-in-Fact) (Address) (Witness as to Surety) (Address) NOTE: If Contractor is Partnership, all partners should execute Bond. Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located.

27 FORM I: Affidavit of Non-Collusion: State of ) County of ) The undersigned, being first fully sworn, deposes and says that: 1. He/she is: owner, partner, officer, representative, agent, of (Firm Name) ; 2. He/she is fully informed respecting the preparation and contents of the attached offer and of all pertinent circumstances respecting such offer; 3. Such offer is genuine and not a collusive or sham offer; 4. Neither said Applicant nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed directly or indirectly, with any other Applicant, firm or person to submit a collusive or sham offer in connection with the Contract for which the attached offer has been submitted or to refrain from making an offer in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Applicant, firm or person to fix the price or prices in the attached offer, or of any other Applicant, or to fix any overhead, profit, or cost element of the offering price of any other Applicant, or to secure through any collusion, conspiracy, convenience or unlawful agreement any advantage against the Camden County Board of Commissioners and/or its Joint Development Authority person interested in the proposed Contract; and 5. The price or prices quoted in the attached offer are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Applicant or any of its agents, representatives, owners, employees or parties in interest, including this affiant. 6. Vendor will not cause, influence or attempt to cause or influence, any County employee or County Official, which might tend to impair his/her objectivity or independence of judgment; or to use, or attempt to use, his/her official position to secure any unwarranted privileges or advantages for that Vendor or for any other person. Affiant Signature Title Before me appeared the above signed, subscribed and swore to this Affidavit of Non-Collusion on this day of,. Notary Public (SEAL)

28 EXHIBIT A: DRAFT AGREEMENT FOR RESIDENTIAL SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICE [TO BE FINALIZED UPON NEGOTIATION WITH SELECTED PROPOSER] AGREEMENT FOR SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICE This Agreement is executed by and between CAMDEN COUNTY, a political subdivision of the State of Georgia by and through its Board of County Commissioners (hereinafter the Board ) and (hereinafter the Contractor ) this day of ARTICLE 1 CONSIDERATION AND TERM For good and valued consideration, the receipt, sufficiency, and adequacy of which is hereby acknowledged, and including the mutual promises and Covenants hereinafter set forth, the parties hereby agree to include, but not united to the following: The Board desires to secure the services of Contractor to provide weekly collection of Solid Waste and Recyclable Materials from Residential Units in the Unincorporated Area of Camden County. The Contractor desires to provide weekly collection of Solid Waste and Recyclable Materials from Residential Units in the Unincorporated Area of Camden County. The Term of this Agreement shall begin on and terminate on (the Term ). This Agreement may be automatically renewed for two (2) additional two (1) year terms (the Renewal Term ) upon the same terms and conditions as set forth herein unless either party provides a written notice of nonrenewal to the other party at least sixty (60) days prior to the end of the Term. ARTICLE 2 SERVICES The Contractor s responsibility under this Agreement is to provide for the collection and disposal of Solid Waste and collection and delivery of Recyclable Materials to a processor from Residential Units located in the unincorporated areas of Camden County, Georgia on a scheduled basis. The services will be provided to all such Residential Units located along routes serviced daily by standard of two (2) wheel drive postal delivery vehicles which are readily serviceable with Contractor s vehicles and equipment. Services of the Contractor shall be under the general direction of the Director of the Camden County Department of Finance & Budget or his designee who shall act as the County s representative during the performance of this Agreement. ARTICLE 3 DEFINITIONS The following terms where used in this Agreement in capitalized form shall have the meaning ascribed to them in this Section, unless different meanings are clearly indicated by the context. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word shall is always mandatory.

29 A. "Agreement" means this Agreement between the Board and the Contractor, including any written amendment. B. Backdoor means a location at the front, side, or rear of a Residential Unit acceptable to both the Customer and the Contractor. C. Board means the Board of County Commissioners of Camden County, Georgia. D. Bulky item means Solid Waste generated under normal living conditions that are not easily containerized in a Solid Waste or Recycling Receptacle such as, but not limited to, furniture, cardboard, and white goods. (Excluded items are those associated with construction, remodeling, addition or demolition, as well as items that are designated as hazardous waste by County or State agencies) E. Bundle means a unit of Solid Waste or Recyclable Material which by its very nature is generally not conducive to placement in Receptacle and which shall be bound securely together so as to avoid disintegration or spillage when lifted or moved, and which shall not exceed two (2) feet by two (2) feet by four (4) feet in size and not be in excess of fifty (50) pounds in weight. F. Construction and Demolition Debris means materials generally considered to be not water soluble and non-hazardous in nature, including, but not limited to, steel, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from a construction or demolition project and including rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for construction project. Mixing of Construction and Demolition Debris with other types of Solid Waste, including materials from a construction or demolition site which is not from the actual construction and destruction of a structure, will cause it to be classified as other than Construction and Demolition Debris. G. County means Camden County, Georgia. H. Customer means individual household for which collection services are to be provided by Contractor. Said individual household count shall be the active accounts as determined by the billing office of the Camden County Department of Finance & Budget on a quarterly billing cycle. I. Department means the Camden County Department of Finance & Budget. J. Designated Disposal Facility means the SR 100 Landfill located in the County or any other Solid Waste Facility or Solid Waste Management Facility mutually agreed to between the Department and the Contractor in writing. K. Hazardous Substance means any substance which is defined as a Hazardous Substance in the United States Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 94 State as may be amended for time to time, including but not limited to any material or substance designated as hazardous by the United States Environmental Protection Agency or any applicable federal, state, local, or municipal authority. L. Hazardous Waste means any solid waste which has been defined as hazardous waste in regulations promulgated by the Board of Natural Resources, Chapter M. Incorporated Area means the areas of the Camden County lying within the incorporated municipalities of St. Marys, Kingsland, and Woodbine. N. Owner means Person or Persons owning property within the Unincorporated and Incorporated Areas, who shall be a Customer. O. Performance Bond means the form of security set forth in this Agreement and furnished by the Contractor as a guarantee that Contractor will perform its work in accordance with this Agreement and will pay all lawful claims relating hereto.

30 P. Person means any and all Persons, natural or artificial, including any individual, firm, or association; any municipal or private corporation organized or existing under the laws or this state or any other state; any county of this state; any and all governmental agency of this state or the Federal government. Q. Receptacle means any container having a capacity of not more than ninety (90) gallons approved by the Department for Solid Waste collection service or Recyclable Materials collection service and may include bags provided by the Contractor and/or the County for use in the storage and collection of specific types of Solid Waste and Recyclable Material. R. Recovered Materials means those materials which have known use, reuse, or recycling potential; can be feasibly used, reused or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing. S. Recyclable Material means those materials which are suitable for recycling, which have been separated from Solid Waste, and which would otherwise be processed or disposed of as Solid Waste. Recyclable Materials shall consist of glass, aluminum, steel, and HDPE and PET plastic containers; newspaper; magazines; and old corrugated cardboard. T. Recycling means any process by which materials which would otherwise become Solid Waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. U. Residential Waste Collection Services means the collection of Solid Waste and Recyclable Materials from Residential Units. V. Residential Unit means any structure or shelter or any part thereof used or constructed for use as a residence of one (1) family, the adjacent unimproved property, and accessory improvements. W. Residential Waste means Solid Waste resulting from the normal housekeeping activities of a Residential Unit. X. Resource Recovery means the process of recovering materials or energy from Solid Waste, excluding those materials of Solid Waste under control of the Nuclear Regulatory Commission. Y. Solid Waste means any garbage or refuse; sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility; and other discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities, but does not include recovered materials; solid or dissolved materials in domestic sewage; solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. Section 1342; or source, special nuclear, or by-product material as defined by the federal Atomic Energy Act of 1954, as amended (68 Stat. 923). Z. Solid Waste Disposal Facility means any Solid Waste Management Facility which is the final resting place for Solid Waste, including landfills and incineration facilities that process municipal Solid Waste. AA. Solid Waste Handling Facility means any facility, the primary purpose of which is the storage, collection, transportation, treatment, utilization, processing, or disposal, or any combination thereof, of Solid Waste. BB. Special Services means any Solid Waste collection and disposal services which require a Contractor to render services beyond the minimum requirements of this Agreement. CC. Surety means any of the issuers of Performance Bonds guaranteeing the full and proper performance of the services established by this Agreement. DD. Unincorporated Area mans the Unincorporated Areas of Camden County existing as of the date of this Agreement and those certain areas as added from time to time by the Board of County Commissioners

31 as shown on the Camden County Official Zoning Map and the maps of the Camden County Board of Tax Assessors. EE. White Goods means discarded refrigerators, ranges, water heaters, freezers, and other similar domestic large appliances used for residential purposes. FF. "Yard Trimmings" means leaves, brush, grass, clippings, shrub and tree pruning s, discarded Christmas trees, nursery and greenhouse vegetative residuals, and vegetative matter resulting from landscaping development and maintenance other than mining, agricultural, and Silva cultural operations. ARTICLE 4 SCHEDULE OF SERVICES The collection service authorized hereunder is for Residential Units located within the Unincorporated Areas of Camden County, Georgia which shall be defined pursuant to the zoning maps of Camden County and as reflected on Camden County Board of Tax Assessors maps. Customers for which the weekly individual household curbside collection services are to be provided shall be determined by the Board through the Department; Department shall keep current records with customers and their account payment history. The Department shall provide on a monthly basis the number of customers. Contractor shall provide the service as defined herein; and Contractor shall receive payment for the Contractor services based on the number of active monthly accounts as provided by the Department. The Board and Contractor agree that the customer count may vary from month to month. Board shall notify Contractor of new account or the re-activation of a delinquent payment account. Contractor shall implement the collection services within the following seven (7) business days. The Board and Contractor agree to provide the services herein to qualified indigent customers, once the individual has provided proper information to the Board verifying their indigent status as defined by the Board. Contractor shall bill the Board at the reduced rate of fifty (50) percent of the current rate charged to regular customers for this type of account. ARTICLE 5 LEVEL OF SERVICE 1. Collection Services and Operations A. Services to be Performed by Contractor The Board hereby grants the Contractor the exclusive right during the Term of this Agreement and any renewal hereof to collect Solid Waste and Recyclable Materials pursuant to this Agreement and the Board warrants that it has the authority to grant such an exclusive right. The Board further covenants that during the Term of this Agreement or any renewal hereof it will not engage other individuals or itself or permit other individuals or itself to become involved in the activity of collecting or disposing of Solid Waste and Recyclable Materials covered under this Agreement or any other similar activity that would impair the exclusive right to the Contractor. Notwithstanding the foregoing, this Agreement and any exclusivity granted to Contractor shall not be deemed to prohibit transportation and disposal by any Person or Business of the Solid Waste, Garbage, Yard Waste, Construction and Demolition Debris generated exclusively by such Person or Business in the pursuit of its lawful conduct and affairs.

32 B. Residential Solid Waste and Recyclable Material Collection Service (1) Frequency of Collection (a) Contractor shall pick-up from each Customer location one (1) time each week, all Solid Waste generated by the Customer and placed for collection in approved Receptacles. (b) Contractor shall pick-up from each Customer location one (1) time each week, on the same day as Solid Waste Collection, all Recyclable Material generated by the Customer and placed for collection in approved Receptacles or Bundles. (c) Contractor shall not be required to provide yard trimmings collection service. (d) Pick-ups shall not be reduced by Holidays, but pick-ups normally scheduled to be made on a holiday may be rescheduled upon approval by the Department after at least five (5) days prior notification to the affected Customers by publication or other means approved by the Department. Any publication shall be at the expense of the Contractor. (e) White Goods and Bulky Items will be collected and transported to the Designated Disposal Facility within Ten (10) days of request by the Customer. (2) Quantity Contractor shall be required to pick-up all Solid Waste and Recyclable Materials generated by the Customer at their location provided that: (a) Solid Waste has been placed by Customer for in approved Receptacles. (b) Recyclable Materials have been separated from Solid Waste and placed by Customer for collection in approved Receptacles or Bundles. i. With the exception of bundled newspapers and corrugated paper, all Recyclable Materials shall be placed for collection in Receptacles furnished by the Contractor ii. Newspaper and corrugated paper shall be placed for collection in bundles at curbside under or adjacent to Recyclable Materials Receptacles. (c) Contractor shall not be responsible for the collection of Hazardous Waste other than normal small quantities as may be conservatively generated as part of Residential Waste. (d) Additional Receptacles, which shall meet the specifications and definitions in this Agreement, may be used by the Customer in addition to those provided by Contractor. (e) All Customers shall place Receptacles and Bundles for collection at the location hereinafter provided for the collection of Receptacles for Solid Waste and Recyclable Material Collection Service, unless Contractor has agreed to provide a Special Service collection at another location. (f) Contractor shall not be required to collect any Solid Waste, White Goods, Bulky Items and/or Recyclable Materials which do not comply with the requirements set forth in this Article except by Special Service. (3) Minimal Disturbance. Contractor shall make collections with a minimum of noise and disturbance. Any spillage by the Contractor during the collection and disposal process shall be picked up and removed immediately by Contractor, provided Contractor shall not be required to pick-up spillage caused by the Customer or overfill by Customer of Receptacle or Container. (4) Special Services. Services such as below back door and ground collection, collection from a Customer being provided Residential Waste Collection Service of other than Residential Waste, or additional pick-ups shall

33 be provided at a separate fee based upon terms agreed to by the Contractor and the Customer, unless such fee is otherwise established under the authority of this Agreement. Requests for pick-ups of Special Waste shall be considered as requests for Special Services. Charges for Special Services shall not be unreasonable nor excessive and performance of Special Services shall be at the discretion of Contractor. 2. Receptacles and Bundles A. All Customers shall use the approved Receptacles furnished by the Contractor. Additional Receptacles, which shall meet the specifications and definitions in this Agreement, may be used by the Customers in addition to those provided by the Contractor. B. Receptacles shall be kept covered at all times and maintained in good condition. Any Receptacle that does not conform to the provisions of this regulation or that may have ragged or sharp edges or any other defect liable to hamper of injure the person working in, on or around said Receptacle must be promptly repaired or replaced with approved Receptacle upon notice to that effect from the Customer or the Department. In the event replacement Receptacles become necessary and, in the reasonable opinion of Contractor, such replacement Is necessitated by misuse or neglect, the replacement cost for such Receptacles shall be borne by the Customer and in no event by the Contractor; it being understood between the parties that Contractor shall be responsible for repair or replacement of Receptacles only in the event they become unfit for their purpose by virtue of normal wear and tear. C. Location of Receptacles and Bundles (1) Receptacles and Bundles for Residential Waste Collection Service shall be placed on ground level, on the property of the Customer and shall not be placed upon County or public property or neighboring property not in the ownership or tenancy of the Person by whom the Solid Waste is generated, whether such neighboring property be vacant or improved; provided, however, that in order to be eligible for pick-up by the Contractor, the Customer shall place Receptacles and Bundles ready for collection at a maximum distance of ten (10) feet from the traveled and graded or paved portion of the right-of-way and adjacent to, or upon the corners of, the Customer s driveway for servicing by Contractor. Such placement or Receptacles and Bundles shall be easily accessible to the Department for inspection and to employees of the Contractor for collection. (2) At no time shall any Receptacles, Bundles, or Solid Waste be placed on or within the traveled and graded or paved portion of any right-of-way, or on or within any gutters, ditches, or sidewalks. This shall not prohibit placement in the Customer s driveway, adjacent to the traveled way. (3) Receptacles and Bundles for Residential Waste Collection Service shall be placed for collection prior to 6:00 a.m. of the day of collection but in no case shall Receptacles and Bundles be placed on public rightof-way more than twelve (12) hours preceding the day of collection. The normal hours of collection are after the hour of 6:00 a.m. on days designated by the Contractor. (4) Customers wishing not to place Receptacles or Bundles at the designated location shall enter into an agreement with the Contractor for collection and disposal of Solid Waste as a Special Service, unless otherwise provided herein.

34 (5) Any Receptacles offered for collection which has not been approved by the Department shall be clearly marked by the Contractor, specifying the manner in which the Receptacle fails to meet the approved Standards. 3. Collection Service Vehicles A. All vehicles used for Solid Waste and Recyclable Material collection in the fulfillment of the Contractor duties as defined herein shall be leak proof, packer body or non-removable covered body, and shall pass periodic safety and sanitary inspection conducted by the County and/or State. B. Appearance of Collection Service Vehicles. Contractor shall paint all collection service vehicles uniformly with the name of the Contractor and the unique identification number of the vehicle in letters not less than six (6) inches high of each side and the read of the vehicle. All collection service vehicles shall be uniquely numbered and a record kept of the vehicle to which each number is assigned. C. Age of Collection Service Vehicles. Contractor shall provide all collection services pursuant to this Agreement with collection vehicles of less than seven (7) years of age. 4. Public Education The Contractor shall provide the following services associated with public education at no additional cost to the County or the Customer. All materials shall be approved by the County before finalized, printed, and distributed. A. Develop and place a description of collection services, map of collection schedule, description of Recyclable Materials and other collection information on Contractor website. B. Develop, print, and distribute Program Introduction Notice for each Residential Unit for which Contractor delivers Receptacles. C. Develop, print, and distribute improper set-out notice to include date, reason for notice, Contractor s customer service telephone number, and any other information requested by the County. 5. Customer Restrictions A. Contractor shall not be required to collection any Solid Waste which does not conform to the standards set forth herein. B. Contractor shall have the right to terminate service to any Customer violating any provision of this Agreement. Written notice of such termination shall be provided to the Board and Customer enumerating the repeated violation(s), with a copy furnished to the Department. ARTICLE 6 CONTRACTOR OBLIGATIONS 1. Contractor Performance. The Contractor shall at all times conduct each and every aspect of his/her business in strict accord with the laws, ordinances, rules and regulations of Camden County, the State of Georgia and of the United States of America. In the event the Contractor shall violate any of the terms, conditions, or provisions of this Agreement, or any of the regulations promulgated by the Board pursuant thereto, the Board shall notify the Contractor, in writing, to desist from further violations. If the violation continues for a period of fifteen (15) days thereafter and unless during such time the Contractor has made diligent efforts to remedy

35 same, the Contractor may be deemed to be in non-compliance with the Agreement; provided, the Contractor may, within said fifteen (15) day period, petition the Board for hearing whether Contractor is in noncompliance and whether grounds for cancelling the Agreement exist. 2. General Conditions. A. (1) Contractor s personnel shall be instructed to and shall refrain from engaging in any arguments with Customers and from exhibiting of expressing surliness, ill-manners or disrespect toward Customers, and shall present a neat appearance at all times. (2) When any action shall be taken by Contractor under the authority granted by these rules and such action shall be objected to by any Customer, either the Contractor of the Customer may submit a complaint to the Department for mediation, conciliation, or adjudication. B. The Board may, at its sole discretion, require the Contractor to furnish the Board on an annual basis, a performance bond in the amount not to exceed two hundred and fifty thousand dollars ($250,000.00) to ensure continuity of collections and disposal service. The bond shall be conditioned upon performance of the Contractor obligations, and it shall be considered a violation of the Agreement and the bond conditions if the Contractor shall: (1) Fail to cure a violation under Article 5 hereof after having been given fifteen (15) days notice of failure to comply. (2) Take the benefit of any present or future insolvency status, or make a general assignment for the benefit of creditors, or file voluntary petition in bankruptcy or a petition or answer seeking an arrangement, reorganization or readjustment of its indebtedness under the Federal bankruptcy laws or under any State thereof, or consent to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property. (3) By an order or judgment by a court of competent jurisdiction be adjudged bankrupt; provided, however that if such judgment or order is vacated within sixty (60) days after the entry thereof, any cancellation of Agreement under Subsection 1 hereof resulting therefrom shall be null, void, and of no effect. 3. Customer Service A. The Contractor shall provide and make known to the Board and to Customers a local phone service and/or location where the public may request Solid Waste or Recyclable Material Collection Services or register comments or complaints. B. All complaints received by the Contractor or by the Department and forwarded to the Contractor shall be resolved within 1 business day. C. The Contractor agrees to provide back door service at no addition charge for those people who are physically handicapped and have no other means to get Receptacles to roadside.

36 D. Contractor shall require its employees to serve the public in a courteous, helpful, and impartial manner. All Contractor personnel in both the field and the office shall refrain from belligerent behavior and profanity. Correction of any such behavior and language shall be the responsibility of the Contractor. E. Personnel shall perform collection service with as little noise and disturbance to the Customer as possible. No employee shall disturb or otherwise handle or move Customer or Board property that is unnecessary to the proper execution of his or her duties. F. Care shall be taken to prevent damage to property including Receptacles, shrubs, flowers, and other plants. G. Collection shall be done in a sanitary manner and any spillage by Contractor shall be immediately picked up and disposed in the collection vehicle. H. Contractor personnel shall not be required to expose themselves to the danger of being bitten by vicious dogs in order to accomplish collection. In any case where the Owner or tenants have such animals at large, Contractor shall immediately notify the Department and the County s Animal Control Office in writing of such condition and or Contractor s inability to perform collection service because of such conditions. 4. Recordkeeping and Reporting A. The Contractor shall submit a report by the fifteenth (15) of each month to the Department that includes the following information: (1) tons of Recyclable Materials collected and delivered to each processing facility; (2) tons of Bulky Items collected and delivered to Designated Disposal Facility; (3) customer calls/complaints to include customer address, time and date, reason, and resolution; The successful Proposer shall submit electronic reports of the above records, using software and formats approved by the County, on a monthly basis. All records shall be available to County at reasonable times and places throughout the term of this Agreement and for a period of five (5) years after last or final payment. The Contractor shall be available to review these reports with the Department if so requested. ARTICLE 7 RATES AND PAYMENT TO CONTRACTOR 1. Rates A. Initial Rates. The initial monthly rates for collection services as of the date of this Agreement are hereby established for each Residential Unit as follows and shall not be increased for any reason other than as stated and agreed herein. Solid Waste Collection Recyclable Materials Collection White Goods/Bulky Items Collection TOTAL

37 (1) The Contractor shall bill the Board at the reduced rate of fifty (50) percent of the current rate in effect for qualified indigent customers as defined by the Department. (2) Contractor shall provide the weekly collection service for the following at no additional cost. (a) County buildings and facilities owned, leased, or under the direct control of the Board. (b) Non-profit houses of worship, once the services herein have been requested and proof of nonprofit status has been provided and approved for service by the Board. B. Rate Changes. Unless rates charged hereunder are adjusted pursuant to ARTICLE 7 (1) (C), Rate Adjustment, initial rates established in the Agreement shall remain in effect for the duration of the Agreement unless the Board approves a rate change based upon either a change in the compensation system of the Contractor or a Contractor s request for a rate increase. No such rate change shall be made until a public hearing has been held on the appliance of an interested party or of the Board on its own motion requesting for a change in the rate schedule. A notice thereof must be given by publication one time at least fifteen (15) days prior to the date of the public hearing in the County legal organ, and, if the application is not made by the Contractor, by mailing a copy of the said notice by certified mail, return receipt requested, to the said Contractor at least ten (10) days prior to said notice of hearing. Any change shall be incorporated into a resolution adopted by the Board at the hearing or a continuation thereof. Notwithstanding the foregoing, however, no upward rate adjustment shall take effect for a period not to exceed one (1) year from the date of execution of the original agreement. An audit of the Contractor s books may be conducted by a Board appointed Certified Public Accountant (CPA) before a rate change is approved or disapproved. The Contractor shall pay the cost of all audits, legal fees, etc. incurred by the Board in reviewing a proposed rate change if the request is initiated by the Contractor. C. Rate Adjustments. Separate and apart from the conditions required for eligibility of rate changes set forth above and not withstanding any terms and conditions to the contrary relating thereto, the Contractor shall be entitled to request rate adjustments based on changes in the Consumer Price index as follows: (1) Beginning on the first anniversary of the start date of this Agreement and each year on the anniversary date of the Term and any Renewals (s) thereof, the Contractor may request a price adjustment the basis of which shall be made by applying to the then current rate, the ratio change between the former and the current index of the Consumer Price Index for ALL URBAN WAGE EARNERS on a national basis to: Urban Wage Earners and Clerical workers (CPI-W) - all items - (U.S. City Average) published by the U.S. Department of Labor. The CPI Rate increase shall be computed at 75% of that referenced above. (2) In order to request such adjustment, the Contractor shall submit a written request, delivered by Certified Mail, sixty (60) days prior to the anniversary date of the Term and any Renewals thereof. Said request shall be accompanied by records and information as would support the requested adjustment in order to justify said adjustment with the County.

38 (3) Furthermore, the Contractor may petition the Board for rate adjustments on the basis of unusual changes in its costs of doing business, such as revised laws, ordinances or regulations; changes in the location of Designated Solid Waste Disposal Facilities or significantly increased fuel prices (in the case of fuel, upon proof that all existing fuel reserves at the lower rates have been depleted). Any fuel allowances granted the Contractor shall be taken into account, when adjusting costs by the Consumer Price Index. In the event that fuel rates are reduced substantially, the Department may petition the Board for lower rates to be charged by the Contractor. 2. Billing and Payment Schedule A. The Contractor shall bill the Department by the 10 th day of the following month for service rendered during the preceding month. The billing shall be based upon the county of Residential Units of record and being serviced pursuant to this Agreement as of the last day of the month for which billing is issued. The billing is to be exclusive of Special Services. Payment from the Board to Contractor shall be due upon receipt by the Board of Contractor s bill and will be made no later than the 10 th day of the month following receipt of said billing. B. The Contractor shall bill the respective Customer for Special Services by the 10 th day of the month following the month during which said Special Services were rendered. Payment from the Customer to Contractor therefor shall be due upon receipt by the Customer of Contractor s bill. C. In the event it shall become desirable or necessary to terminate the Service required of the Contractor by reason of nonpayment of charges by any Customer, such services shall not be discontinued until a written notice has been delivered or mailed to the Residential Unit where such services are to be discontinued, and a copy of such notice mailed to the Department at least ten (10) days prior to the discontinuance. 3. Disposal Fees A. Disposal at Designated Disposal Facilities. The Contractor shall dispose of all Solid Waste collected under the terms of the Agreement at only the Designated Disposal Facilities as agreed and approved by the Board and the Board shall pay any and all disposal fees incurred by or on behalf of the Contractor arising out of Contractor's performance under this Agreement. An arrangement shall be implemented with no binding effect on Contractor whereby said disposal fees shall be billed directly from the Designated Disposal Facility to the Board and whereby the Board shall pay such fees directly to the Designated Disposal Facility. The Board shall reimburse Contractor in the event Contractor is required to expend any costs for disposal of Solid Waste pursuant to this Agreement. Furthermore, in the event Contractor experiences a net cost for disposal of Recyclable Materials, Board shall have the option to reimburse Contractor for that cost or to place such materials in the Designated Disposal Facility. B. Penalty. The penalty for disposal at any location other than a Designated Disposal Facility shall be two (2) times the applicable disposal fee, payable to the Board based on the identified disposed at the non-approved facility. C. Solid Waste Non-Returnable. No Solid Waste, once collected, may be returned to the Customer without the written approval of the Board, or to any location other than a Designated Disposal Facility. 4. Annual Audit Report.

39 A. The Contractor shall maintain all of its books and records relating to the Agreement in accordance with generally accepted accounting principles. B. The Department may conduct a quarterly review for the purpose of reconciling accounts versus tonnage disposed of and to determine whether or not the need exists for the submittal of an audit by the Contractor. If an audit is needed, as determined by the Department in the exercise of its reasonable judgment, it shall so notify the Contractor in writing, and shall allow the Contractor a specific period of time to produce and submit the audit, not less than 90 days from the date of the notice. Such audit shall be prepared by an independent Certified Public Accountant, and shall include: a Statement of Gross Receipts of the Contractor for services rendered under the Agreement, a Statement of other Expenses Incurred in sufficient detail to indicate where and how such expenses were incurred, and an Income Statement. These Statements shall be prepared in accordance with generally accepted accounting principles, and shall be fully audited in accordance with generally accepted auditing standards, and shall cover the 12 month period preceding the date of the audit, unless the Department requires the inclusion of any earlier or later period. C. If the Contractor fails to submit its certified audit within the time prescribed in Paragraph B hereto or to obtain an extension for good cause shown fifteen (15) days prior to the report due date, it shall pay a late charge of ten percent (10%) of the average monthly disposal fee incurred by the Contractor for the preceding twelve (12) month period. D. When a certified audit report has not been filed within the prescribed time, the Board shall notify the Contractor, in writing, of the delinquency. If the certified audit report is not filed within thirty (30) days after the Notice of Delinquency has been mailed, the Board may conduct an independent audit of the books and records of the Contractor. Thereupon, the Contractor shall be liable not only for the late charge but all costs of the audit and reasonable attorney's fees for collection. ARTICLE 8 - INSURANCE 1. The Contractor shall provide and keep in force a comprehensive General Liability and Property Damage Insurance Policy. Such general liability coverage shall not be less than Two Million Dollars ($2,000,000.00) general aggregate. Said insurance shall not have limits less than One Million Dollars ($1,000,000.00) for personal and adverse injury, and not less than One Million Dollars ($1,000,000.00) for each occurrence. Property damage coverage shall not have a combined single limit of less than One Million Dollars ($1,000,000.00) insuring by name the Camden County Board of Commissioners and Camden County, Georgia and the Contractor, as their interests may appear, against public liability and property damage claims. Further, the Contractor shall maintain in full force and effect at all times an excess liability umbrella having a Five Million Dollars ($5,000,000.00) minimum aggregate. The Contractor shall maintain in full force and effect at all times at least the minimum motor vehicle insurance required under the law of the State of Georgia for registration hereof, and shall provide proof of such registration to the Board for each motor vehicle used by the Contractor in the performance of its obligations. The Contractor shall furnish the Board with an appropriate certificate or certificates form the insurance carrier showing such insurance to be in force at all times along with an agreement from the insurance carrier to notify the Department thirty (30) days prior to any modification, revocation, cancellation or non-renewal thereof.

40 2. The Contractor shall maintain, during the life of this Agreement, adequate Worker's Compensation Insurance and Employers Liability Insurance in at least such amounts as are required by law for all of its employees per Georgia Statutes. 3. All insurance other than Professional Liability and Worker's Compensation to be maintained by the Contractor shall specifically include the County as an "Additional Insured'. Original copies of all required insurance herein shall be provided to the Board upon execution of this Agreement and renewal thereof. ARTICLE 9 INDEMNIFICATION The Contractor shall indemnify and save harmless and defend the Board and Camden County, its officers, its agents, servants, and employees from and against any and all claims, liability, losses, and or cause of action which may arise from any negligent actor omission of the Contractor its officers, its agents, servants, or employees in the performance of service under this Contact. The Contractor further agrees to indemnify, save harmless and defend the Board and Camden County, its officers, its agents, servants and employees from and against any claim, demand or cause of action of the Contractor not included in the paragraph above and for which the County, its officers, its agents, servants or employees are alleged to be liable, provided that such demand or cause of action did not arise as a result of the negligence or willful misconduct of the Board and Camden County, its officers, its agents, servants or employees. ARTICLE 9 -TRUTH-IN NEGOTIATION CERTIFICATE The signing of this Agreement shall act as the execution of a truth-in negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in the Agreement are accurate, complete and current as of the date of the Agreement. All wage rates and costs shall be furnished to the Board upon execution of this agreement. Said information shall be submitted by Contractor, upon request by the county, at the time of any renewals or extensions of this agreement. ARTICLE 10 - TERMINATION This Agreement may be terminated by the Contractor upon 180 days prior written notice to the County in the event of substantial failure by the Board to perform in accordance with the terms of this Agreement through no fault of the Contractor. It may also be terminated by the Board, in the exercise of the Board's rights therefore as provided in this Agreement, within one hundred eighty (180) days upon written notice to the Contractor. After receipt of Termination Notice and except as otherwise directed by the Board, the Contractor shall: A. Stop work on the date to the extent specified. B. Continue and complete all parts to the work that have not been terminated. ARTICLE 11 - SUBCONTRACTING No portion of the work or services called for in this Agreement shall be subcontracted without County approval in writing from the Board, which approval shall not be reasonably withheld. ARTICLE 12 - FEDERAL AND STATE TAX

41 The Contractor shall not be exempted from paying sales tax to their suppliers for materials used to fulfill obligations under this Agreement, nor is the Contractor authorized to use the County's Tax Exemption Number in securing such materials. The Contractor shall be responsible to payment of his/her own FICA and Social Security benefits with respect to this Agreement. ARTICLE 13 - EXCUSABLE DELAYS The Contractor shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonable beyond the Contractor's control and without its fault or negligence. Such cases may include, but are not limited to: acts of God; the County's ommissive and commissive failures; natural or public health emergencies; labor disputes; freight embargoes; severe weather conditions. If failure to perform is caused by the failure of the Contractor to perform or make progress, and if such failure arises out of causes reasonable beyond the control of the Contractor then the Contractor shall not be deemed to be in default. ARTICLE 14 ARREARS The Contractor shall not pledge Camden County's credit or make it a guarantor of payment or surety for any agreement, contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has not obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE 15 - INDEPENDENT CONTRACTOR RELATIONSHIP The Contractor is, and shall be, in the performance of all work services and activities under this Agreement, an independent contractor, and not an employee, agent, or servant of the Board and Camden County. All persons engaged in any part of the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Contractor's sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Contractor s relationship and the relationship of its employees to the Board and Camden County shall be that of an independent Contractor and not as employees or agents of the Board and Camden County. The Contractor does not have the power or authority to bind the County in any promise, agreement or representation other than specifically provided for in this Agreement. ARTICLE 16 - CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 17 ACCESS AND AUDITS The Contractor shall maintain adequate records to justify all charges, expenses, and costs incurred in performing the work for at least three (3) years after completion of this Agreement. The Board shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, upon five (5) days written notice. ARTICLE 18 NON-DISCRIMINATION

42 The Contractor warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, physical handicap, sex, age, or national origin. The Contractor further warrants that all of Contractor 's employees and independent contractors that provide services to the Board and Camden County are legally present in the United States as required by law; and in the event should it be determined that Contractor s employees and independent contractors are determined to be illegally in the United States by ICE or law enforcement, Contractor shall indemnify and hold the Board and Camden County harmless from any punitive fines, punishment or civil liabilities for the employment of the illegally employed aliens. Contractor further agrees to adhere to the requirements of the "E- VERIFY' known as the federal work authorization program, as amended, verifying the employment of all newly hired employees which requires the Contractor to sign an affidavit swearing that Contractor has registered and participates in "E-VERIFY. ARTICLE 19 - ENTIRETY OF AGREEMENT The Board and the Contractor agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditioning contained in the Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 20 - ENFORCEMENT COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such reasonable fees, costs, and expenses incident to appeal, incurred in that action or proceeding), in addition to any other relief to which such party or parties may be entitled. ARTICLE 21 - AUTHORITY TO PRACTICE The Contractor hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct business, and that it will at all times conduct its business in a reputable manner. ARTICLE 22 - SEVERABILITY If any terms or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, then the remainder of the Agreement, or the application of such items or provisions, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 23 AMENDMENTS AND MODIFICATIONS No amendments and/or modifications of this Agreement shall be valid unless in writing and signed by each of the parties. However, the Board and Contractor are in agreement and understanding that the Board is in the process of amending the Camden County Solid Waste Ordinance which touches and concerns this Agreement; and upon the lawful adoption of the aforesaid new Solid Waste Ordinance the parties hereto agree to amend this Agreement so that the services as agreed to herein are modified to conform to the newly lawfully adopted Camden County Solid Waste Ordinance within thirty (30) day of the final adoption by the Camden County Board of Commissioners. ARTICLE 24 NOTICE

43 All notices required by this Agreement shall be by certified mail, return receipt requested, receipt to be returned as follows: To the County address to: Camden County Board of Commissioners Attn.: County Administrator P.O. BOX 99 Woodbine, GA And if sent to the Contractor shall be to: ARTICLE 25 - HEADINGS, CONSTRUCTION AND INTERPRETATION Any headings preceding the text of the Articles and Sections of this Agreement and any Table of Contents shall be solely for the convenience of reference and shall neither constitute a part of this Agreement nor affect its meaning, construction or affect. All words contained in this Agreement importing the singular number shall include the plural in each case and vice versa, and the terms Agreement herein hereunder hereby hereto" and any similar terms, shall refer to this Agreement in its entirety. ARTICLE 26 - GOVERNING LAW This Agreement shall be construed under the laws of the State of Georgia, and the parties further agree that any litigation concerning this Agreement shall be filed and heard exclusively in the Superior Court of Camden County, Georgia. IN WITNESS WHEREOF, the Board of County Commissioners of Camden County, Georgia (Board) has made and executed this Agreement on behalf of Camden County and Contractor known as has hereunto set his/her hand the day and year above written. This Agreement shall be executed in five (3) copies. Each copy shall be considered an original. ATTEST: BY: CAMDEN COUNTY BOARD OF COMMISSIONERS: BY: NAME: NAME: TITLE : TITLE:

44 SEAL CONTRACTOR: BY: ATTEST: BY: NAME: NAME: TITLE: TITLE: CORPORATE SEAL

45 EXHIBIT B: MAP OF CURRENT COLLECTION AREAS Monday Tuesday Wednesday Thursday Friday