RP017_25 INV.pdf

RP017-25

September 12, 2025

REQUEST FOR PROPOSAL

RP017-25

The Gwinnett County Board of Commissioners is soliciting competitive sealed proposals from qualified service providers for Provision of Electronics Recycling and Value Recovery Services on a Multi-Year Contract for the Department of Information Technology Services.

Proposals must be returned in a sealed container marked on the outside with the Request for Proposal number and Service Provider Name. Proposals will be received until 2:50 P.M. local time on October 10, 2025 at the Gwinnett County Financial Services - Purchasing Division – 4th Floor, Charlotte J. Nash Building, 75 Langley Drive, Lawrenceville, Georgia 30046. Any proposal received after this date and time will not be accepted. Proposals will be publicly opened and only names of submitting Service Providers will be read at 3:00 P.M. A list of Service Providers submitting proposals will be available the following business day on our website www.gwinnettcounty.com.

Questions regarding proposals should be directed to Bethany White at Bethany.White@GwinnettCounty.com or by calling 770-822-5149 no later than 3:00 p.m. on September 26, 2025. Proposals are legal and binding upon the service provider when submitted. One (1) unbound single sided original, four (4) bound copies, and one (1) electronic copy on a flash drive should be submitted.

Successful service providers will be required to meet insurance requirements. The Insurance Company should be authorized to do business in Georgia by the Georgia Insurance Department and must have an A.M. Best rating of A-7 or higher.

Gwinnett County does not discriminate on the basis of disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of Gwinnett County Government should be directed to the ADA Coordinator at the Gwinnett County Justice and Administration Center, 770-822-8165.

The written proposal documents supersede any verbal or written prior communications between the parties.

Selection criteria are outlined in the request for proposal documents. Gwinnett County reserves the right to reject any or all proposals, to waive technicalities, and to make an award deemed in its best interest.

Award notification will be posted after award on the Gwinnett website, www.GwinnettCounty.com and service providers submitting a proposal will be notified via email.

We look forward to your proposal and appreciate your interest in Gwinnett County.

Bethany White Purchasing Associate II

The following pages should be returned as part of your proposal document:

Fee Schedule (return in a separate envelope), Page 8

References, Page 9 Code of Ethics Affidavit, Page 26 Contractor Affidavit and Agreement, Page 27 http://www.gwinnettcounty.com/ mailto:Bethany.White@GwinnettCounty.com http://www.gwinnettcounty.com/

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I. Introduction The Gwinnett County Board of Commissioners (Gwinnett) is soliciting proposals from qualified service providers for the purpose of establishing a contract for Electronics Recycling and Value Recovery Services. Gwinnett intends to award a five-year contract with annual renewals that delivers competitive pricing, ensures data security, and complies with environmentally responsible disposition standards. To facilitate fair and consistent evaluation, all service providers must complete the Cost Proposal Worksheet in the specified format. Alternative pricing formats will not be considered. Non-compliant submissions may be rejected. Contract to begin upon final execution of the contract document.

II. Contract Duration

The services to be performed under this Agreement shall commence upon execution of contract documents. This Agreement shall terminate absolutely and without further obligation on the part of Gwinnett on December 31 of each succeeding and renewed year, as required by O.C.G.A. §36-60-13, as amended, unless terminated earlier in accordance with the termination provisions of this Agreement.

This Agreement may be automatically renewed on an annual basis for four (4) additional twelve-month terms, for a total lifetime Agreement term of five (5) years, upon the same terms and conditions, as provided for in this Agreement, unless previously terminated. This Agreement will terminate on December 31, 2030. Gwinnett requires pricing to remain firm for the duration of the initial term of the contract.

Failure to hold firm pricing for the initial term of the contract will be sufficient cause for Gwinnett to declare proposal non-responsive.

III. General Scope of Services

Provide all labor, transportation, supplies, pallets, and equipment necessary for the secure pickup and processing of surplus technology.

Transport and process items from the primary pickup site:

Gwinnett County IT Warehouse 455 Grayson Highway, Suite 200, Loading Dock Lawrenceville, GA 30046-7171

IV. Proposal Evaluation Process

To facilitate consistent evaluation and to ensure each proposal addresses all requirements, service providers shall organize their responses in the following order and include all requested information.

Proposals will be evaluated based on the following criteria. Service providers are encouraged to structure their proposals exactly as outlined below. Each criterion will be scored independently based on completeness, clarity, and evidence provided. Responses that fail to address a criterion in the designated section may receive reduced or zero points for that item.

In addition to the criteria listed below, proposals should include a cover letter signed by an authorized representative of the service provider. It should identify the primary point of contact, including name, title, phone, and email and acknowledge receipt of any addenda.

A. Experience & Qualifications Proven track record with government or enterprise-level electronics recycling. Demonstrated record of projects with a similar scope and size to that of Gwinnett (6000+ end users). Quality and depth of responses to outlined questions, including company viability, resources, and relevant client experience. The questions below must be answered completely.

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a. Company Information

1. Full legal company name.

2. Organizational structure (individual, partnership, or corporation; private or public;

profit or non-profit).

3. Headquarters address (must be US-based).

4. Address of the location directly responsible for delivering the proposed service.

5. Identify any subcontractors, partners, or other parties involved in delivering the service, including their roles and locations.

b. Key Contacts

1. Names, titles, locations (city/state), phone numbers, and email addresses for:

i. Contract negotiations

ii. Technical support/clarifications

iii. Billing and invoicing

c. Company History

1. Year founded.

2. Summary of history from inception to present.

3. Major acquisitions, mergers, or changes in ownership, with dates.

d. Company Size & Structure

1. Total number of full-time employees (breakdown by servicing location and other locations).

2. Total number of company locations (breakdown of US vs. non-US).

e. Performance & Legal History

1. Disclose any contract terminations for default in the last three (3) years, including your position on the matter.

2. Disclose any buy-outs, mergers, or acquisitions not already listed above.

3. Disclose any litigation, arbitration, or legal actions involving the company or its employees related to services provided or security breaches.

4. Disclose any current or past lawsuits from clients.

f. Relevant Client Experience

1. Provide a list of current US customers using the proposed service, including:

i. Customer name

ii. Size of implementation

iii. Years in service

2. State the number of US government agencies with more than 5,000 employees and 500,000 residents currently using the proposed service.

B. Certifications & Compliance Possession of required and preferred certifications as outlined below. Proof of certification should be included with proposal.

a. Certifications (Required) These are minimum requirements. An equivalent or higher certification is acceptable but should be clearly noted in proposal.

1. R2v3 Certified Recycler

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2. NAID AAA Certification

3. RIOS: 2016 Certification (Recycling Industry Operating Standard)

b. Certifications (Preferred)

1. Facility: Conventional Hard Drive Overwriting

2. Facility: Physical Hard Drive Destruction

3. Facility: Solid-State Device Overwriting & Destruction

4. NIST SP 800-88 Media Sanitization

C. Approach to Scope of Services, Proximity & Responsiveness:

Clarity and feasibility of the proposed approach addressing all Scope requirements in the order presented. Provide details on proposed processes, resources, and timelines.

a. Executive Summary

1. Provide a high-level overview of your proposed solution, highlighting unique strengths and value to Gwinnett.

b. Acceptable Equipment:

1. Examples of surplus technology may include, but are not limited to: desktops, laptops, servers, monitors, televisions, projectors, cell phones, MiFi devices, keyboards, mice, printers, plotters, scanners, speakers, network switches, access points, routers, cables, and power supplies.

c. Logistics & Timelines:

a. All surplus must be picked up within two (2) weeks of notification or per a mutually agreed upon time.

b. Pickup frequency will vary based on project load and available space in warehouse. Once or twice a quarter is anticipated, but is not guaranteed.

c. Service provider should present proper identification and sign-in during each pickup. (i.e. company shirt, company badge, etc.)

d. Pickups may occur at alternate Gwinnett locations during special projects.

e. Indicate if the service provider has the ability to provide a trailer to pre-stage hardware for pickup.

f. Disposal and processing should occur preferably within 150 miles of:

Gwinnett County IT Warehouse 455 Grayson Highway, Suite 200, Loading Dock Lawrenceville, GA 30046-7171

d. Indicate if the service provider has the ability to meet a 2-week turnaround time requirement.

e. Indicate if the service provider had the ability to accommodate ad hoc pick ups within 2-weeks.

D. Data Security and Reporting

Strength of proposed methods for data destruction and evidence (e.g., certificates). Sample reports and certificates should be included. Submit representative examples of reports and certificates identified below.

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Data Security & Disposal Requirements:

a. No Gwinnett data shall leave Gwinnett custody.

b. All electronics must be disposed of using environmentally sound methods.

c. Equipment must be processed to ensure the highest feasible financial return to Gwinnett.

d. Service provider must remove all Gwinnett markings and asset tags before resale.

e. Service provider must provide Certificates of Destruction and Data Destruction or Proof of Resale for each item processed.

Reporting Requirements:

The selected service provider shall provide the following reports and documentation at the specified intervals. Reports must be submitted in digital format as both an Excel spreadsheet and PDF.

a. Inventory Reconciliation Report (per pickup or upon request): A list of all items collected, matched against Gwinnett-provided surplus manifests. Must include:

1. County asset tag number (if applicable)

2. Equipment type and model

3. Serial number

4. Condition (e.g., working, non-functional)

5. Final disposition method (resold, recycled, destroyed)

b. Diversion Report (quarterly): A detailed report outlining the total volume of material diverted from landfill through reuse or recycling.

This report must include:

1. Total weight (lbs. or tons) of equipment processed

2. Breakdown of:

i. Equipment reused/resold

ii. Equipment recycled

iii. Equipment destroyed

iv. Diversion rate (percentage of material diverted from landfill)

v. Environmental benefit equivalents (e.g., carbon offset, energy saved, raw materials conserved — if calculable)

c. Certificate of Destruction/Certificate of Resale (per pickup): A formal certificate for each batch of equipment processed, containing:

1. Unique certificate ID

2. Date of destruction or sale

3. Method used (e.g., DoD 5220.22-M overwriting, shredding, degaussing)

4. Type and quantity of devices

5. Confirmation that all data was securely destroyed

6. Sign-off by authorized service provider representative

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d. Revenue Share Statement (Quarterly): A statement of proceeds from resale or value recovery, including:

1. List of items sold (type, quantity, condition)

2. Gross resale value

3. Gwinnett’s revenue share

4. Date and method of revenue disbursement

e. Pickup Summary Report (per pickup): A brief summary that documents all pickups for the period:

1. Date and location of pickup

2. Equipment categories collected

3. Number of pallets or boxes

4. Pickup personnel name(s) and badge/ID numbers

f. Annual Summary Report (year-end): A cumulative report that aggregates all key metrics for the calendar year:

1. Total number of pickups

2. Total items processed by category

3. Total revenue earned and returned to Gwinnett

4. Total weight diverted from landfill

5. Compliance summary (certifications held, site audits, exceptions if any)

E. References:

Include a list of three (3) references that have completed projects of a similar scope and size that Gwinnett could contact to confirm performance and scope.

F. Revenue share percentage: Clarity, completeness, and competitiveness of the Cost Proposal Worksheet submitted separately.

a. Complete the Cost Proposal Worksheet exactly as provided and submit in a separate sealed envelope with service provider’s name and marked "Cost Proposal - RP017- 25"

G. Optional Interview

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Evaluation Criteria A selection committee will be established consisting of staff members and one independent evaluator.

The County will evaluate each submittal carefully. Proposals will be evaluated based on the following criteria:

CRITERIA POINTS

Part I

I. Experience & Qualifications 10 II. Certifications & Compliance 30 III. Approach to Scope of Services, Proximity & Responsiveness 25 IV. Data Security & Reporting 10 V. References 5

Sub-Total Points 90 Part II

VI. Revenue Share Percentage & Fees (To be submitted in separate, sealed envelope.) 10

Sub-Total Points 100

Part III V. Optional Interview 10

Total Points 110

Proposal Evaluation

Basis of Short-Listing / Selection

Phase I – Initially, proposals will be evaluated based on their relative responsiveness to the criteria described above and will be scored based on the point values as shown. Please note that references, and subsequent reference checks, are a required component of Phase I scoring.

Phase II – Service provider may be short-listed for further consideration. The Proposal Fee Schedules of the short-listed service providers from Part I will be opened, reviewed, and scored with the lowest cost receiving the most points and the other service providers receiving proportional points based on the differences in proposal costs.

Phase III – At the County’s discretion, or as deemed in the County’s best interest, service providers may be short-listed a second time for the interview sessions. At this time, the County may request further information, explanations, clarifications, presentations, interviews, or meetings with some or all of the remaining service providers.

If interviews are necessary for selection, details on the scoring criteria for interviews will be provided along with notification of the scheduled interview. All interviews sessions will be the sole responsibility of the proposing service providers and at no cost to the County.

If an agreement with the highest-ranked service provider cannot be reached, the County may then negotiate with the second-ranked service provider and so on until a satisfactory agreement has been reached.

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Revenue Share (to be submitted in a separate sealed envelope)

Instructions: Complete all applicable fields below. Do not alter the format. Revenue share percentage must be fixed for the full five (5) year contract term and must include all costs associated with labor, supplies, pickup, transportation, processing, destruction, and reporting. Do not submit supplemental pricing formats.

# Category Unit Cost to

Gwinnett (if any)

% of Revenue Share to Gwinnett

Note Service Provider Remarks (if applicable)

1.

Hardware: AC Adapters / AV Equipment, Cell Phones / MiFis, Desktop Computers, Docking Station, Hard Drives, Keyboards / Mice, Laptop Computers, Misc.

Electronics, Modems, Monitors (LCD/LED), PC-AIOs, Phones, Plotters, Printers, Radio Equipment, Scanner, Servers, Switches, Routers, Access Points, Tablets, TV, UPS, Mixed Wires, Metals, Low Grade Plastic Mix

Per unit $_______

2. Pickup Fee (if applicable) Per request $_______ N/A If applicable, must be fixed and include all surcharges

3. Labor Fee (if applicable) Per request $_______ N/A If applicable, must be fixed and include all surcharges

4. Transportation Fee (if applicable) Per request $_______ N/A If applicable, must be fixed and include all surcharges

5. Materials Fee (if applicable) Per request $_______ N/A If applicable, must be fixed and include all surcharges

6. Other Fees Not listed above (if applicable)

Per request or unit or batch

$_______ N/A If applicable, must be fixed and include all surcharges

7. Certificate of Destruction Per unit or batch

$_______ N/A Must be included or specified as separate line item

8. Certificate of Data Destruction Per unit or batch

$_______ N/A Must be included or specified as separate line item

9. Certificate of Resale Per unit or batch

$_______ N/A Must be included or specified as separate line item

Service Provider Name: ____________________________________________________________________

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FAILURE TO RETURN THIS PAGE AS PART OF YOUR PROPOSAL DOCUMENT MAY RESULT IN REJECTION OF PROPOSAL.

References

Gwinnett County requests a minimum of three (3) references where work of a similar size and scope has been completed.

Note: References should be customized for each project, rather than submitting the same set of references for every project bid. The references listed should be of similar size and scope of the project being bid on. Do not submit a project list in lieu of this form.

1. Company Name

Brief Description of Positions Filled

Number of Temporary Employees Supplied

Completion Date

Contract Amount $ Start Dates

Contact Person Telephone

E-Mail Address

2. Company Name

3. Company Name

Service Provider _________________________________________________________________________________

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GWINNETT COUNTY

FINANCIAL SERVICES │ RISK MANAGEMENT

VENDOR INSURANCE REQUIREMENTS

Insurance:

Contractor shall provide evidence of insurance for at least the coverage and amounts set forth below. All insurance shall be maintained in the form and with a company (or companies) satisfactory to the Gwinnett County Board of Commissioners. The Contractor and their Subcontractor’s/vendor’s Certificates of Insurance shall require that the County be notified in writing thirty (30) days prior to cancellation, modification, or non-renewal of any insurance policy listed on the certificate(s). Upon request, the County will be provided certified copies of all required insurance policies.

A. Minimum Coverage

Commercial General Liability (Occurrence Form):

General Aggregate (other than Prod/Comp Ops Liability) $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal & Advertising Injury Liability $1,000,000 Each Occurrence $1,000,000

• Gwinnett County Board of Commissioners to be named as Additional Insured

• Additional Insured Endorsement CG 20 10 (edition dates of 07/04, 04/13, 12/19 or a substitute endorsement providing equivalent coverage) and CG 2037 (edition dates of 07/04, 04/13, 12/19 or a substitute endorsement providing equivalent coverage) must be provided with your Certificate of Insurance.

• Primary and Non-Contributory Endorsement to be specified in writing

• Contractual Liability

• Broad Form Property Damage

• Severability of Interest

• Underground, explosion, and collapse coverage

• Personal Injury (deleting both contractual and employee exclusions)

• Incidental Medical Malpractice

• Hostile Fire Pollution Wording

• Include Waiver of Subrogation in favor of Gwinnett County Board of Commissioners

• If project or operations are within 50 ft of a railroad, Contractor is required to name the specific Railroad as an Additional Insured and provide a copy of the Additional Insured Endorsement CG2417 or its equivalent.

• In the event the General Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of five (5) years or applicable statute of limitation period following completion of the work.

Automobile Liability to include:

Combined Single Limit – Each Accident $1,000,000

• Comprehensive form providing coverage for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of all owned, non-owned, leased, hired, borrowed vehicles, and any other statutorily required automobile coverage.

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• Gwinnett County Board of Commissioners to be named as Additional Insured

• Additional Insured Endorsements must be provided with the Certificate of Insurance

• Coverage to include loading and unloading

• Contractual Liability

Worker’s Compensation & Employer’s Liability Coverage to include:

Workers Compensation Georgia State Statutory Limits Employers Liability

Bodily Injury by Accident – Each Accident $ 500,000 Bodily Injury by Disease – Policy Limit $ 500,000 Bodily Injury by Disease – Each Employee $ 500,000

• Waiver of Subrogation in favor of Gwinnett County Board of Commissioners

Umbrella/Excess Liability Insurance with policy limits as determined by Contract Sums (higher limits may be required depending on the extent of contract):

Contract Sums:

Contracts up to $999,999

Each Occurrence and Aggregate Limit $1,000,000

Contracts from $1,000,000 to $1,999,999 Each Occurrence and Aggregate Limit

$3,000,000

Contracts from $2,000,000 to $4,999,999

$5,000,000

Contracts Over $5,000,000

$10,000,000

• Concurrency of Effective Dates with Primary

• Blanket Contractual Liability

• Drop Down Feature

• Umbrella Policy must be as broad as the primary policy.

• Coverage excess over General Liability, Business Auto Liability, and Employers Liability

• In the event the Umbrella/Excess Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of five (5) years or applicable statute of limitation period following completion of the work.

• Evidence of coverage in the form of a Certificate of Insurance shall be provided to the County prior to start of work.

• Gwinnett County Board of Commissioners shall be Additional Insureds.

• Contractor shall be liable for money, securities, or other property of the County.

• Such coverage shall include an owner coverage endorsement for County and County shall be included as a loss payee.

• Additional Insured Endorsements must be provided with the Certificate of Insurance

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Cyber Liability Insurance: Applies if scope of work includes the storage or transfer of any County data or sensitive data (including but not limited to personally identifiable, health, or payment card data) or the related hosting of database(s) or internet site(s):

Limit of Insurance per Claim $1,000,000 Aggregate Limit $1,000,000

The Contractor shall maintain insurance coverage for network security and privacy risks, including, but not limited to, insurance for data breach or introduction of virus or malicious codes, consumer notification, whether or not required by law, forensic investigation, public relations and crisis management and credit or identity monitoring or similar remediation services, unauthorized access, failure of security information theft, damage to destruction of or alteration of electronic information, breach of privacy perils, wrongful disclosure and release of private information, collection, or other negligence in the handling of confidential information, and including coverage for related regulatory fines, defenses, and penalties allowed by law.

Property Insurance:

The Contractor is fully and solely responsible for any physical loss or damage to all tools, equipment, construction office trailers and their contents, vehicles or any other personal property utilized in the performance of the Contractor’s work. Contractor agrees to waive its rights of recovery and cause its insurers, if any, to waive their rights of subrogation against Owner and Company for any such damage or loss, however caused.

Riggers Liability Insurance:

If any work to be performed involves the rigging, lifting. lowering or moving of property or equipment, then those parties performing such work shall carry Rigger’s Liability Insurance in an amount adequate to insure against the physical loss or damage to the property or equipment in its care

Aviation Insurance: Applies if scope of work requires the use of aircraft, including helicopters, unmanned aircraft systems (e.g., drones) and/or fixed-wing aircraft:

Maintain (or require aircraft owner or operator to maintain), and Contractor shall furnish proof of, Aircraft Liability insurance with minimum limits of $10,000,000 per occurrence for bodily injury and property damage of all aircraft.

Unmanned aircraft systems, minimum limits of $2,000,000 for bodily injury, property damage, and personal injury (including invasion of privacy) for unmanned aircraft systems, and guest voluntary settlement bodily injury coverage (for any aircraft except unmanned aircraft systems)

• Such policy shall include contractual liability covering all owned and non-owned aircraft

• If the party providing the Aircraft Liability insurance is not Contractor, then Contractor shall require such party to (a) waive any subrogation rights of recovery they and/or their insurance carriers may have against County and any other indemnified parties and (b) name County and such other parties as Additional Insureds

• The Contractor shall (or shall require aircraft owner or operator) to hire, employ, and utilize pilots certified by the Federal Aviation Administration to operate any such aircraft.

B. Gwinnett County Board of Commissioners (and any applicable Authority) must be specified in writing as an

Additional Insured on General Liability, Auto Liability and Umbrella Liability policies.

C. Gwinnett County should be provided with a minimum of 30 days advance written notice of cancellation, material change, or non-renewal of policies required by the contract.

D. Certificate Holder should read:

Gwinnett County Board of Commissioners 75 Langley Drive Lawrenceville, GA 30046-6935

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E. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-7 or higher. Certain Workers' Comp funds may be accepted subject to the approval of the Gwinnett County Insurance Unit. European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the Contractor’s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of A-7 or better.

F. Insurance companies providing coverage should be licensed, and authorized to do business by the Office of the

Insurance and Safety Fire Commissioner of Georgia ("Insurance Commissioner"), with the exception of non-admitted carriers, in which case the broker placing coverage should be licensed by the Insurance Commissioner.

All agents placing coverage should be licensed by the Insurance Commissioner, either as a resident or non-resident.

G. Certificates of Insurance, and any subsequent renewals, must reference each corresponding bid/contract by project name and project/bid number, if applicable.

H. The Contractor shall agree to provide complete certified copies of current insurance policy(ies) or a certified letter from the insurance company(ies) if requested by the County to verify compliance with these insurance requirements.

I. All insurance coverage required to be provided by the Contractor shall state that it is primary over any insurance program carried by the County.

J. Contractor shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each and every subcontractor in any tier and shall require each and every subcontractor of any tier to comply with all such requirements. The Contractor agrees that if for any reason a subcontractor fails to procure and maintain insurance as required, all such required Insurance shall be procured and maintained by Contractor at Contractor's expense.

K. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to Gwinnett County as to form and content has been filed with Gwinnett County. The ACORD Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute.

L. The Contractor and its insurer(s) shall agree to waive all rights of subrogation against the County, the Board of

Commissioners, its officers, officials, employees, and volunteers from losses arising from work performed by the Contractor for the County.

M. Special Form Contractors’ Equipment and Contents Insurance covering owned, used, and leased equipment, tools, supplies, and contents is required to perform the services called for in the Contract. The coverage must be on a replacement cost basis. The County will be included as a Loss Payee in this coverage for County owned equipment, tools, supplies, and contents.

N. The Contractor shall make available to the County, through its records or the records of its insurer, information regarding any claim related to a County project. Any loss run information relating to a County project will be made available to the County upon its request.

O. Compliance by the Contractor and Subcontractors with the foregoing insurance requirements shall not relieve the

Contractor and Subcontractors of liability under the Contract and any applicable law.

P. The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, and any other laws that may apply to this Contract.

Q. The Contractor shall at a minimum apply risk management practices accepted by the Contractors’ industry.

R. The Contractor shall advise the County if required limits of insurance become eroded or impaired.

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Surety Bonds (if required) All of the surety requirements will stay the same except the Surety Company must have the same rating as set forth in item E above.

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GENERAL CONDITIONS

To Service Provider AGREEMENT

Article

1 Definitions

2 Contract Documents

3 Changes and Extra Work

4 Personnel and Equipment

5 Accuracy of Work

6 Findings Confidential

7 Termination of Agreement for Cause

8 Termination for Convenience of the COUNTY

9 SERVICE PROVIDER to Cooperate with other SERVICE PROVIDERS

10 Indemnification

11 Covenant Against Contingent Fees

12 Insurance

13 Prohibited Interests

14 Subcontracting

15 Assignability

16 Equal Employment Opportunity

17 Anti-Kickback Clause

18 Audits and Inspectors

19 Ownership, Publication, Reproduction and Use

20 Verbal Agreement or Conversation

21 Independent Service provider

22 Notices

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1 DEFINITIONS

Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the following meanings:

1.1 COUNTY-means Gwinnett County, Georgia, a political subdivision of the State of Georgia.

1.2 SUPPLEMENTAL AGREEMENT-means a written order to SERVICE PROVIDER signed by COUNTY and accepted by SERVICE PROVIDER, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement.

1.3 CONTRACT-means the Agreement Documents specifically identified and incorporated herein by reference in Section 2, CONTRACT DOCUMENTS.

1.4 AGREEMENT EXECUTION-means the date on which SERVICE PROVIDER executes and enters into an Agreement with the COUNTY to perform the Work.

1.5 AGREEMENT PRICE-means the total monies, adjusted in accordance with any provision herein, payable to the SERVICE PROVIDER under this Agreement.

1.6 CONTRACT TIME-means the period of time stated in this Agreement for the completion of the Work.

1.7 SERVICE PROVIDER-means the party or parties contracting directly with the COUNTY to perform Work pursuant to this Agreement.

1.8 DEPARTMENT- means the Director or designee of requesting department(s) named in this solicitation.

1.9 DRAWINGS-means collectively, all the drawings, receipt of which is acknowledged by the

COUNTY, listed in this Agreement, and also such supplementary drawings as the SERVICE PROVIDER may issue from time to time in order to clarify or explain such drawing or to show details which are not shown thereon.

1.10 SPECIFICATIONS-means the written technical provisions including all appendices thereto, both general and specific, which form a part of the Agreement Documents.

1.11 SUBSERVICE PROVIDER-means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with SERVICE PROVIDER or with any of its subservice providers at any tier to provide a part of the Work called for by this Agreement.

1.12 WORK-means any and all obligations, duties and responsibilities, including furnishing equipment, engineering, design, workmanship, labor and any other services or things necessary to the successful completion of the Project, assigned to or undertaken by SERVICE PROVIDER under this Agreement.

1.13 LIAISON-Representative of the COUNTY who shall act as Liaison between the County and the SERVICE PROVIDER for all matters pertaining to this Agreement, including review of SERVICE PROVIDER'S plans and work.

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2 CONTRACT DOCUMENTS

2.1 LIST OF DOCUMENTS

The Agreement, any required bonds, the General Conditions, the Appendices, the Detailed Scope of Work, the Specifications, the Drawings, the Exhibits, and all Agreement Supplemental Agreements shall constitute the Agreement Documents.

2.2 CONFLICT AND PRECEDENCE

2.2.1 The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in the following order:

1. Supplemental Agreements

2. Agreement

3. General Conditions

4. Detailed Scope of Work

5. Specifications

6. Drawings

3 CHANGES AND EXTRA WORK

The COUNTY may, at any time, request changes in the work to be performed hereunder. All such changes, including any increase or decrease in the amount of the SERVICE PROVIDER'S compensation, which are mutually agreed upon by and between the COUNTY and the SERVICE PROVIDER, shall be incorporated in written Supplemental Agreements to the Agreement.

4 PERSONNEL AND EQUIPMENT

The SERVICE PROVIDER represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, the COUNTY. Primary liaison with the COUNTY will be through its designee. All of the services required hereunder will be performed by the SERVICE PROVIDER under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under law to perform such services.

The SERVICE PROVIDER shall employ only persons duly registered in the appropriate category in responsible charge of supervision and design of the work; and further shall employ only qualified surveyors in responsible charge of any survey work.

The SERVICE PROVIDER shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration, being in the full employ of the SERVICE PROVIDER and responsible for the work prescribed by this Agreement.

5 ACCURACY OF WORK

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The SERVICE PROVIDER shall be responsible for the accuracy of the work and shall promptly correct errors and omissions in its plans and specifications without additional compensations.

Acceptance of the work by the COUNTY will not relieve the SERVICE PROVIDER of the responsibility for subsequent correction of any errors and the clarification of any ambiguities.

6 FINDINGS CONFIDENTIAL

The SERVICE PROVIDER agrees that its conclusions and any reports are for the confidential information of the COUNTY and that it will not disclose its conclusions in whole or in part to any persons whatsoever, other than to submit its written documentation to the COUNTY, and will only discuss the same with it or its authorized representatives. Upon completion of this Agreement term, all documents, reports, maps, data and studies prepared by the SERVICE PROVIDER pursuant thereto shall become the property of the COUNTY and be delivered to the DEPARTMENT.

Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall not be presented publicly or published without prior approval in writing of the COUNTY.

It is further agreed that if any information concerning the PROJECT, its conduct, results, or data gathered or processed should be released by the SERVICE PROVIDER without prior approval from the COUNTY, the release of same shall constitute grounds for termination of this Agreement without indemnity to the SERVICE PROVIDER, but should any such information be released by the COUNTY or by the SERVICE PROVIDER with such prior written approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement.

7 TERMINATION OF AGREEMENT FOR CAUSE

If through any cause the SERVICE PROVIDER shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the SERVICE PROVIDER shall violate any of the covenants, agreements or stipulations of this Agreement, the COUNTY shall thereupon have the right to terminate this Agreement by giving written notice to the SERVICE PROVIDER of such termination, and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. Failure to maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid scheduler without prior approval of the COUNTY shall constitute cause for termination. In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared by the SERVICE PROVIDER under this Agreement shall become the property of the COUNTY, and the SERVICE PROVIDER shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as determined by the COUNTY.

8 TERMINATION FOR CONVENIENCE OF THE COUNTY

The COUNTY may terminate this Agreement for its convenience at any time upon 30 days notice in writing to the SERVICE PROVIDER. If the Agreement is terminated by the COUNTY as provided in this Article 8, the SERVICE PROVIDER will be paid compensation for those services actually performed. Partially completed tasks will be compensated for based on a signed statement of completion to be submitted by the SERVICE PROVIDER which shall itemize each task element and briefly state what work has been completed and what work remains to be done.

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All such expenses shall be properly documented and submitted to the COUNTY for processing and payment.

The County shall be the final authority in the event of any disputes over authorized costs between the COUNTY and the Service Provider.

9 SERVICE PROVIDERS TO COOPERATE WITH OTHER SERVICE PROVIDERS

If the COUNTY undertakes or awards other contracts for additional related work, the SERVICE PROVIDER shall fully cooperate with such other SERVICE PROVIDERS and the COUNTY employees or appointed committee(s), and carefully fit its own work to such additional work as may be directed by the COUNTY. The SERVICE PROVIDER shall not commit or permit any act which will interfere with the performance of work by any other SERVICE PROVIDER or COUNTY employees.

10 INDEMNIFICATION

SERVICE PROVIDER agrees to protect, defend, indemnify, and hold harmless the COUNTY, its commissioners, officers, agents and employees from and against any and all liability, damages, claims, suits, liens, and judgments, for whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or damage to the property or other rights of any person or persons to the extent arising out of and attributed to the negligent acts, errors or omissions of the SERVICE PROVIDER.

SERVICE PROVIDER'S obligation to protect, defend, indemnify, and hold harmless, as set forth herein above shall include any matter arising out of any patent, trademark, copyright, or service mark, or any actual or alleged unfair competition disparagement of product or service, or other business tort of any type whatsoever, or any actual or alleged violation of trade regulations.

SERVICE PROVIDER further agrees to protect, defend, indemnify, and hold harmless the COUNTY, its commissioners, officers, agents, and employees from and against any and all claims or liability for compensation under the Worker's Compensation Act arising out of injuries sustained by any employee of the

SERVICE PROVIDER.

11 COVENANT AGAINST CONTINGENT FEES

The SERVICE PROVIDER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by SERVICE PROVIDER for the purpose of securing business and that the SERVICE PROVIDER has not received any non-COUNTY fee related to this Agreement without the prior written consent of the COUNTY.

For breach or violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee.

12 INSURANCE

The SERVICE PROVIDER shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy (s) that will ensure and indemnify both GWINNETT COUNTY and SERVICE PROVIDER against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the SERVICE PROVIDER during the term of this Agreement. The liability under such insurance policy shall be not less than as stated in the Bid Proposal.

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The SERVICE PROVIDER shall provide, at all times that this Agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia.

The SERVICE PROVIDER shall provide, at all times that this Agreement is in effect, Professional Liability Insurance with a limit of not less than that as stated in the Bid Proposal.

Additionally, SERVICE PROVIDER shall provide, at all times that this Agreement is in effect, automobile liability insurance with a limit of not less than that as stated in the Bid Proposal.

The policies shall be written by a responsible company(s), to be approved by the COUNTY, and shall be non-cancelable except on thirty-(30) days' written notice to the COUNTY. Such policies shall name the COUNTY as additional insured, except for worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement.

13 PROHIBITED INTERESTS

13.1 Conflict of Interest: The SERVICE PROVIDER agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder.

13.2 Interest of Public Officials: No member, officer, or employee of the COUNTY during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof.

14 SUBCONTRACTING

The SERVICE PROVIDER shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the DEPARTMENT's prior written approval of the subservice provider, except as may have been specifically stated in the SERVICE PROVIDER'S response to proposal per Exhibit A. The DEPARTMENT will not approve any subservice provider for work covered by this Agreement that has not been recommended for approval by the Department Director.

All subcontracts in the amount of $5,000 or more shall include the provisions set forth in this Agreement.

15 ASSIGNABILITY

The SERVICE PROVIDER shall not assign or transfer whether by an assignment or novation, any of its rights, obligations, benefits, liabilities or other interest under this Agreement without the written consent of the

COUNTY.

16 EQUAL EMPLOYMENT OPPORTUNITY

During the performance of this Agreement, the SERVICE PROVIDER agrees as follows: (1) the SERVICE PROVIDER will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the SERVICE PROVIDER will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the SERVICE PROVIDER will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subservice provider, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials.

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17 ANTI-KICKBACK CLAUSE

Salaries of architects, draftsmen, technical engineers and engineers, and technicians performing work under this Agreement shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law. The SERVICE PROVIDER hereby promises to comply with all applicable "Anti-kickback" laws, and shall insert appropriate provisions in all subcontracts covering work under this Agreement.

18 AUDITS AND INSPECTORS

At any time during normal business hours and as often as the COUNTY may deem necessary, the CONSULTANT shall make available to the COUNTY for examination all of its records with respect to all matters covered by this Agreement. It shall also permit the COUNTY to audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement.

The SERVICE PROVIDER shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the COUNTY or any reviewing agencies, and copies thereof shall be furnished upon request. The SERVICE PROVIDER agrees that the provisions of this Article shall be included in any Agreements it may make with any subservice provider, assignee, or transferee.

19 OWNERSHIP, PUBLICATION, REPRODUCTION AND USE

All documents and materials prepared pursuant to this Agreement are the property of the COUNTY. The COUNTY shall have the unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, maps, or other materials prepared under this Agreement without according credit of authorship. The COUNTY shall hold harmless and indemnify the SERVICE PROVIDER against all claims arising out of such use of documents and materials without the SERVICE PROVIDER'S knowledge and consent.

20 VERBAL AGREEMENT OR CONVERSATION

No verbal agreement or conversation with any officer, agent, or employee of the COUNTY, either before, during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the SERVICE PROVIDER to any additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above.

21 INDEPENDENT SERVICE PROVIDER

The SERVICE PROVIDER shall perform the services under this Agreement as an independent service provider and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute the SERVICE PROVIDER or any of its agents or employees to be the agent, employee, or representative of the COUNTY.

22 NOTICES

All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid.

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MULTI-YEAR SERVICE PROVIDER CONTRACT

RP017-25 Provision of Electronics and Value Recovery Services on a Multi-Year Contract

This CONTRACT made and entered into…