Village_of_Drummond_Residential_Waste_IFB.pdf

Invitation for Bid Residential Waste Services

Village of Drummond

The Village of Drummond (the “Village”) is an incorporated special taxing district within Montgomery County, Maryland. The Village is seeking bids from qualified vendors to provide residential waste collection and disposal services for 41 residential single-family units within the corporate limits of the Village. The boundaries of the Village are reflected in the map attached hereto as Attachment A. The services to be provided are more particularly described in the Technical Specifications attached hereto as Attachment C.

It is the prospective bidder’s sole responsibility to inquire about any documents it believes may be missing from this Invitation for Bid (the “IFB”). The IFB packet includes the following documents:

A. Vicinity Map B. Instructions to Bidders C. Technical Specifications D. References E. Contract for Services F. Bid Sheet G. Affidavit of Non-Collusion H. Affidavit of Non-Conviction

All bids must be received by the Village with a postmark no later than Friday, October 3, 2025 and must comply with the requirements set forth below and with the Instructions to Bidders attached hereto as Attachment B.

A. Vicinity Map

B. Instructions to Bidders

1. TIME FOR SUBMISSION OF BIDS

Sealed bids addressed to the Village of Drummond will be received at PO Box 70642, Chevy Chase, MD 20815 and be postmarked no later than Friday, October 3, 2025. Bids must be clearly marked “Residential Waste Services Bid”.

2. BIDS

Bidders are required to submit one hard paper (1) copy and one (1) electronic version in PDF format on a flash drive of their bid package. Each bid must contain a cover letter. Bidders are required to fill out the bid sheet in full. All bids must give the price in fixed figures.

Conditional bids or escalator clauses will not be accepted. Bids must contain an original signature, of an individual authorized to bind the bidder, in the space provided. Bids must be typed. The Village reserves the right to request more detailed information from any one or more bidder(s) before final selection is made. The contents of the bid and any clarification to the contents submitted by the successful bidder become part of the contractual obligation and will be incorporated by reference into the contractual agreement entered into between the Village and the successful bidder.

Sign, date, and submit your bid by USPS or other delivery method to:

Mike McMahon

Village of Drummond PO Box 70642

Chevy Chase, MD 20815

3. FURTHER INFORMATION

If you have any questions concerning this IFB, you may direct all inquiries to Manager@Drummondmd.gov by Wednesday, September 17, 2025 at 5:00 p.m. All questions received will be answered as an addendum to this IFB by Wednesday, September 24, 2025 at 5:00 p.m.

4. NO BID

In the event that you do not wish to submit a bid at this time, but would like to be advised of similar requests in the future, please respond by the stated opening date and hour and indicate your contact information and your interest in receiving future requests.

5. EVALUATION CRITERIA/REJECTION OF BIDS

The submission of a bid shall not be construed as an agreement of any type with the Village.

The Village reserves the right, in its sole discretion, to reject any and all bids in whole or in part and to waive any and all formalities, to negotiate modifications of bids submitted, and to negotiate specific work elements with a bidder into a project of lesser or greater magnitude than described in the bid documents or in the bidder’s reply, as may best serve the interests of the Village. Bids will generally be evaluated to ascertain which bid is the lowest responsible bid that best meets the needs of the Village.

mailto:Manager@Drummondmd.gov

6. AWARD

The Village reserves the right to award by individual commodities/services, group, all or none or any combination thereof. Unless specified to the contrary, when a group is specified, all items in the group must be bid.

7. REGISTRATION IN MARYLAND

Companies not organized under the laws of the State of Maryland must be in compliance with the applicable provisions of Title 21 (State Procurement Regulations) of the Code of Maryland Regulations in order to enter into a contract with the Village. Pursuant to Section 7-201 et seq.

of the Corporations and Associations Article,Annotated Code of Maryland, companies not organized in the State shall be registered or qualified, as required, with the State Department of Assessments and Taxation, 301 West Preston Street, Baltimore, Maryland 21201 before doing business in this State.

8. IDENTIFICATION

Bidders must supply with their bids their: a. U.S. Treasury Department Employer Identification Number (EIN); b. State of Maryland Employer Identification Number; and c. Certificate of Status/Good Standing, if the bidder is a corporation, limited liability company, or other business entity.

9. DEBARRED CONTRACTORS PROHIBITED

Bidders must be qualified to bid in the State in accordance with Section 16-202 of the State Finance and Procurement Article of the Annotated Code of Maryland which provides that any person convicted of bribery, or conspiracy to bribe, committed in furtherance of obtaining a contract from a public body shall be disqualified from entering into a contract with the Village.

10. MATERIALS TO BE SUBMITTED WITH BID

(a) The forms attached to the IFB must be returned with the bid, along with any other information as may be requested by the Village. The Village shall have the right to take such steps as it deems necessary to determine the responsibility of the bidder to perform the obligations under the contract and the bidder shall furnish to the Village all such information for this purpose as the Village may request. The Village reserves the right to reject any bid where an investigation of available evidence or information does not satisfy the Village that the bidder is qualified to carry out the terms of the contract.

(b) Bidders must submit a list of at least three (3) former or current clients for whom the

Bidder has or is currently performing services that are substantially similar to the services requested herein. Bidders must submit contact information for each reference and a description of the relevant qualifications and the scope of work undertaken for each.

(c) Bidders must submit certificates of insurance, as proof of the required levels of insurance.

11. LATE BIDS

It is the bidder’s responsibility to assure that its bid is received by the deadline for submissions contained herein. Bids received after the deadline will not be considered. It is neither the Village’s responsibility nor practice to acknowledge receipt of any bid.

12. ERRORS IN BIDS

When an error is made in extending total prices, the unit price will govern. Erasures in bids must be initialed by the bidder. Carelessness in quoting prices or services, or otherwise in the preparation of the bid, will not relieve the bidder. Errors discovered after receiving the bid cannot be corrected and the bidder will be required to perform if the bid is accepted. Failure of the bidder to thoroughly understand all aspects of the invitation or to become familiar with all conditions which may affect performance before submitting a bid will not act as an excuse to permit withdrawal of the bid nor secure relief on pleas of error.

13. BID WITHDRAWAL

Request for withdrawal of a bid must be made in writing and sent to the Village Manager at least one (l) hour prior to the scheduled deadline for submission of bids. In such a case, the bid, together with any bond or other attachments submitted to the Village, will be returned to the bidder at that time.

14. BID PROTEST

Any bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract must first seek resolution of such complaint by submitting a protest to the Village Manager. If this effort fails to resolve the complaint, the aggrieved party may protest to the Village Citizens Committee in writing. A protest with respect to an invitation for bids or request for proposals shall be submitted prior to the opening of bids or the proposals, unless the protestor did not know and did not have reason to know of the facts giving rise to the protest until after such date, in which case the protest must be submitted within ten (10) calendar days after the facts became known, but in no event after the execution of a binding contract with the successful bidder.

In the event of a timely protest as described above, procurement shall not proceed further until the dispute is resolved or until the Village Manager makes a determination on the record that the award of a contract without delay is necessary to protect substantial interests of the Village.

15. AGREEMENT

The successful bidder shall be required to complete a two-party contract in a form substantially similar to the sample contract attached to the IFB.

16. RESERVATIONS

The Village reserves, in its sole discretion, the right to add or delete any items from the project in whole or in part without affecting the bid prices for any item or remaining work. Any unit prices submitted in the bid shall not be increased or decreased regardless of changes in quantity.

C. Technical Specifications

1. OVERVIEW:

The Village is seeking bids from qualified vendors to provide residential waste collection and disposal services for 41 residential units within the corporate limits of the Village as follows:

A) Twice a week, back-door collection of general residential waste.

B) Twice a year curbside bulk trash pick-up.

C) Provide fifty (50) gallon wheeled trash cans (Village Option).

The scope includes the collection, transportation, and proper disposal of solid waste under a three-year (3) contract, with the option for two (2) additional one-year (1) extensions.

The selected Contractor will be responsible for supplying all necessary labor, materials, tools, equipment, and supervision to ensure the efficient pick-up, removal, and disposal of non-hazardous and universal residential waste to include a Village option to supply one (1), fifty (50) gallon wheeled trash can with lid to each resident.

2. VILLAGE CONTRACT REPRESENTATIVE:

The Village Contract Representative will be Village Manager Michael McMahon. The Village Contract Representative or his designee will have sole authority to determine the acceptability of services and the quality of products delivered under this contract. Any concerns or issues that arise during the contract's performance should be addressed with the Village Contract Representative or his designee.

3. TRASH PICKUP SCHEDULE:

3.1 The Contractor will provide, twice a week, back door trash collection to the 41 residential units on Tuesdays and Fridays.

3.2 The Contractor will provide twice a year curbside bulk trash pick-up on the 2nd Saturday in May and November.

3.3 Any changes to the approved schedule require prior written approval from the Village Contract Representative.

4. GENERAL REQUIREMENTS:

4.1. The Contractor shall be responsible for the removal and disposal of waste in a manner that prevents public hazards, environmental risks, and nuisances.

4.2 The Contractor shall provide all necessary materials, equipment, tools, labor, supervision, safety, and industry-related training, transportation, and communication methods required to fulfill the contract's service requirements. All equipment must be clean and in good working condition.

4.3 The Contractor shall source fifty (50) gallon wheeled trash cans with lid for each residential unit..

4.4 The Contractor shall ensure that all waste is properly removed and disposed of at a government-approved and regulated disposal facility. Upon request, the Contractor must provide proof that the disposal facility complies with all applicable state, county, federal, and local laws, standards, and ordinances.

4.5 The Contractor shall obtain and maintain all required permits from Montgomery County and comply with all federal, state, and local laws, standards, and regulations throughout the contract term.

4.6 The Contractor shall be responsible for the immediate cleanup of any debris spilled during pick-up services and shall be liable for any damage to public or private property resulting from operations under this contract.

4.7 The Contractor shall immediately report, secure, and clean up any truck hydraulic spills or other types of leaks or spills. Photographic documentation of the incident and post-cleanup shall be provided.

4.8 The Contractor shall designate a primary point of contact or authorized designee. If there is a change in this individual during the term of the contract, the Contractor must notify the Village's Contract Representative promptly.

5. SERVICE REQUIREMENTS:

5.1. The Contractor shall empty containers according to the frequencies outlined in this Technical Specifications.

5.2 The Contractor’s representative must immediately notify the Village Contract Representative of any issues beyond the Contractor’s control, such as overflowing debris, adverse weather conditions, or damaged equipment.

5.3 The Contractor shall ensure that all trucks and equipment remain fully operational, well-maintained, and in good working condition.

6. COLLECTION SERVICE DISRUPTION:

6.1 If there is a collection service disruption for any reason, the Contractor will contact the Village Contract Representative via telephone or email within 30 minutes providing an explanation of the service interruption and a reasonable solution to restore service.

6.2. On any given week, if a regular service day falls on or after a scheduled National Holiday, collection services may shift one preceding normal week day, or another mutually agreed upon time.

7. INVOICING: The Contractor must submit monthly invoices in PDF format to the Village

Contract Representative or his designee by email.

8. UNSATISFACTORY PERFORMANCE:

8.1 Upon notification of unsatisfactory performance, the Contractor shall have two (2) hours to initiate corrective action for any specific instances of inadequate cleaning performance.

8.2. Repeated instances of unsatisfactory performance or failure to comply with other terms of the contract may result in the assessment of liquidated damages and, if poor cleaning performance continues, may lead to termination or a finding of breach of contract.

D. References

Bidders must submit a list of at least three (3) former or current clients for whom the Bidder has or is currently performing services that are substantially similar to the services requested herein.

Bidders must submit contact information for each reference and a description of the relevant qualifications and the scope of work undertaken for each.

1) ______________________________________

Name

Address

Phone/e-mail

Description of work: ____________________________________________________

2) ______________________________________

Address

3) ______________________________________

Address

E. Contract for Services

THIS CONTRACT FOR SERVICES (this “Contract”), effective as of the ___ day of __________, 2025, by and between the Village of Drummond, a quasi-municipal corporation and special taxing district organized and existing under the Laws of Maryland, hereinafter referred to as the “Village,” and __________________, hereinafter referred to as the “Contractor,” having an address at

WITNESSETH:

WHEREAS, the Village desires to retain a contractor to provide waste removal services;

and

WHEREAS, the Village desires to retain the services of the Contractor to perform said services, and Contractor desires to perform the same, in accordance with the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the covenants and promises hereinafter set forth, the parties hereto agree as follows:

1. SCOPE OF SERVICES. The Contractor agrees to supply services described and be bound by the terms and conditions set forth in bid/proposal documents attached hereto and made a part hereof and identified collectively as Exhibit 1 (the “Scope of Work”), provided, however, that in the event any terms or conditions of the Scope of Work conflict with this Contract, the terms and conditions of this Contract shall prevail. Contractor shall perform the services described in this Contract in a timely, diligent, and professional manner in accordance with recognized standards of the applicable industry or profession.

2. DURATION. This Contract shall be in effect from the 1st day of__________, 2025, through and including the 31st day of ____________, 2028, unless extended or terminated as provided for herein. Upon written notice to the Contractor prior to the termination of this Contract, this Contract may be extended by the Village for up to two (2) additional terms of one

(1) year each.

3. TIME OF ESSENCE. The Contractor acknowledges that time is of the essence in providing the services under this Contract.

4. COMPENSATION. The Contractor shall be paid in accordance with the Scope of Work. Payment shall be made within thirty (30) days of receipt of an invoice, unless a longer period is provided in the Scope of Work.

5. INVOICES. Requisitions for payment shall include a complete description of the services rendered by the Contractor, providing the dates services were rendered, and a description of services rendered. Except as otherwise stated in the Scope of Work, invoices shall be submitted on a monthly basis, no later than ten (10) business days following the end of each month.

6. SALES TAX. If the Contractor is to be reimbursed for supplies or materials according to the Scope of Work, no sales tax is to be charged by the Contractor to the Village government for supplies or materials furnished in the performance of work under this Contract.

State of Maryland Sales Tax Exemption Certificate No. _______________, a copy of which is attached hereto as Exhibit 2, will apply to all such transactions.

7. INDEPENDENT CONTRACTOR. The Contractor shall perform this Contract as an independent contractor and shall not be considered an agent of the Village, nor shall any of the Contractor’s employees or agents be subagents of the Village.

8. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Contract the Contractor agrees that it will comply with all applicable federal, state, and local laws relating to discrimination in employment and will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, or other protected class. As a condition of entering into this agreement, the company specifically represents and warrants that it will comply with Maryland’s Commercial Nondiscrimination Policy, as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland. As part of such compliance, the company may not discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the company retaliate against any person for reporting instances of such discrimination. The company shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. The company understands and agrees that a material violation of this clause shall be considered a material breach of this agreement and may result in termination of this agreement, disqualification of the company from participating in State contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

9. REVIEW BY VILLAGE. The Contractor agrees that the work and records covered by this Contract will be subject to review, at all times, by representatives of the Village.

10. INDEMNIFICATION OF THE VILLAGE. The Contractor shall indemnify and save harmless the Village, its representatives, agents, and employees, from all suits, actions, liability, damages, expenses (including, but not limited to court costs and attorneys’ fees), and demand for personal injury or property damage, and other expenses or losses suffered or arising out of or caused by any negligent or intentional act or omission, breach or failure to perform, of the Contractor, or the Contractor’s, employees, servants, agents, or permitted subcontractors. So much of the monies due or to be become due to the Contractor under the Contract shall be retained by the Village in such amount as may be considered necessary by the Village until such suits or claims for damages have been settled or otherwise disposed of and satisfactory evidence to that effect has been furnished to the Village. This provision shall survive the termination of the contract.

11. DAMAGE TO PROPERTY. The Contractor shall be responsible for any damage to public and private property caused by the Contractor, its subcontractors, servants, agents or employees in the course of the performance of this Contract and shall replace or restore to its original condition any such damaged property at no cost to the occupant, owner, or the Village.

12. TERMINATION FOR CONVENIENCE. The Village may terminate this Contract for convenience by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. If the Contract is terminated by the Village as provided in this section, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made.

13. TERMINATION FOR CAUSE. If, through any cause, the Contractor fails to fulfill in a timely and proper manner its obligations under this Contract, or if the Contractor violates any of the covenants, agreements, or stipulations of this Contract, the Village shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the Village for damages sustained by the Village by virtue of any breach of this Contract by the Contractor, and the Village may withhold any payments for the purpose of setoff until such time as the exact amount of damages due the Village from the Contractor is determined.

14. COMPLIANCE WITH LAWS AND POLICIES. The Contractor shall observe and comply with all federal, state, county and local laws, ordinances, regulations, and policies that affect the work to be done herein, and shall indemnify and hold harmless the Village, and all of its officers, agents and servants against any claim or liability from or based on the violation of any such law, ordinance or regulation, whether by the Contractor, the Contractor’s agents or subcontractors. Notwithstanding the foregoing, in the event that the Contractor determines that a conflict exists between any applicable law, ordinance, and/or regulation, the Contractor will so advise the Village and the Village will decide which law, ordinance, and/or regulation shall be followed.

15. LICENSES AND PERMITS. The Contractor will be responsible for obtaining and maintaining any and all licenses and permits pertaining to performance of services under this Contract.

16. SUBCONTRACTING. None of the services covered by this Contract shall be subcontracted without the prior written consent of the Village. Any request for consent to subcontract any portion of the services shall include: 1) a description of the services to be subcontracted; 2) all subcontractor names, addresses and telephone numbers; and 3) the qualifications of the subcontractor. The Contractor shall be fully responsible to the Village for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as it is for the acts and omissions of persons directly employed by the Contractor.

There shall be no contractual relationship between the Village and any subcontractor. The Contractor will require all subcontractors to have in effect at all times insurance coverage in such amounts as are required for Contractor and the Village shall be named as an additional insured party.

17. SUCCESSORS AND ASSIGNS. This Contract shall be binding and inure to the benefit of all successors and permitted assigns of the parties hereto. Notwithstanding the foregoing, the Contractor shall not assign or transfer any interest in this Contract without the prior written approval of the Village which may be withheld in the Village’s sole and absolute discretion.

18. CONFLICTS OF INTEREST. The Contractor covenants that it has presently no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required to be performed under this Contract. The Contractor further covenants that, in the performance of this Contract, no person having any such interest shall be employed.

19. CAPACITY TO PERFORM. The Contractor, by executing this Contract, represents that all equipment necessary for providing the described services is in working order, that materials needed are now in stock or will be available so as not to delay timely performance, and that all personnel needed are available or will be available by the date work is to commence.

20. PERSONNEL, EQUIPMENT, AND MATERIALS. The Contractor shall furnish the necessary supervision, crew, equipment, and all materials and/or supplies, as may be required for efficient and safe execution of the services.

21. STANDARDS OF WORK. The Contractor shall furnish efficient business administration and superintendence and shall use its best efforts to insure that the services being performed under this Contract are completed in the best way and in the most expeditious and economical manner consistent with the Village’s best interests. All services shall be performed in a neat and workmanlike manner by trained and experienced personnel.

22. SUSPENSION OR STOPPAGE OF WORK. The Village may suspend the services of the Contractor, in whole or in part, for each period or periods as it may deem necessary in its sole discretion due to unsuitable weather or such other conditions considered unfavorable for proper prosecution of the services, or for such time as is necessary to avoid interference with other activities or events in the Village. The Contractor shall not suspend or stop work which has been ordered by the Village without first obtaining proper authority to do so.

23. INSURANCE.

(a) The Contractor, within five (5) days following the execution of this Contract and prior to commencement of any work, shall furnish to the Village proof of insurance of at least the kinds and minimum amounts set forth below. The following policies must be maintained at the expense of the Contractor during the entire performance period of this Contract or any renewal or extension thereof. The policies shall provide that at least 30 days’ prior notice of cancellation must be given to the Village.

(1) WORKERS’ COMPENSATION covering all operations in the State of Maryland for the proper hazard classifications (which shall be specifically listed on the certificate of insurance) for the anticipated work with limits as established by statute; and

(2) COMPREHENSIVE GENERAL LIABILITY INSURANCE: (i) Bodily Injury for each occurrence $2,000,000/$3,000,000 aggregate; (ii) Property Damage for each occurrence $2,000,000/$3,000,000 aggregate; and (iii) Automobile Combined Coverage - fleet operations for each occurrence $2,000,000/$3,000,000 aggregate.

(b) The Contractor shall also furnish to the Village a Certificate of Insurance in like amounts for any approved subcontractor prior to commencement of performance of such subcontractor’s personnel or entry of equipment in the Village.

(c) All accidents resulting in injury to or death of persons or damage to property of others arising out of the performance or suits instigated against the Contractor and/or the Village arising out of such accidents shall be reported promptly to the Village Manager or other official designated by the Village Council.

24. ENGLISH LANGUAGE. The Contractor shall appoint one or more crew members or supervisors to act as liaison with the Village and emergency service personnel. All liaisons shall be fluent speakers of both English and the Contractor’s and/or subcontractor’s employees’ language(s) and at least one liaison shall be present at each work site at all times when any of the Contractor’s employees or agents are at the site.

25. TELEPHONE NUMBERS. The Contractor shall furnish the Village with the name and telephone number of the Contractor or of a representative who can be reached at such a number during the business day and an emergency number where a representative can be reached at night or on weekends and holidays.

26. ACCURATE INFORMATION, ACCOUNTING AND AUDIT. The Contractor certifies that all information provided in response to the request for proposals or invitation for bid or that will be provided to the Village is true and correct and can be relied upon by the Village in awarding, modifying, accepting services, making payments, or taking any other action with respect to this Contract. Any false or misleading information is a ground for the Village to reject a bid or to terminate this Contract and to pursue any other appropriate remedy. The Contractor certifies that its accounting system conforms to generally-accepted accounting principles, is sufficient to comply with the Contract’s budgetary and financial obligations, and is sufficient to produce reliable financial information.

27. TERMS AND CONDITIONS. The terms and conditions of this document govern in event of a conflict with any terms of the Contractor’s proposal, and are not subject to change by reasons of written or oral statements by the Contractor unless the same are accepted in writing. Words and abbreviations which have well known technical or trade meanings are used in accordance with such meanings.

28. INTERPRETATION. Any questions concerning conditions and specifications shall be directed in writing to the Village Manager or other official designated by the Village.

No interpretation shall be considered binding unless provided in writing by the Village Manager or other authorized official of the Village. The execution of this Contract shall be prima facie evidence that the Contractor thoroughly understands the terms of this Contract.

29. AUTHORITY OF THE VILLAGE MANAGER IN DISPUTES. Any dispute concerning a question of fact arising under this Contract shall be decided by the Village Manager who shall notify the Contractor in writing of his determination. The Contractor shall be afforded the opportunity to be heard and offer evidence in support of its claim. Pending final decision of the dispute herein, the Contractor shall proceed diligently with performance under this Contract.

The decision of the Village Manager shall be final and conclusive unless an appeal is filed with the Village Council.

30. ERRORS. The Contractor shall take no advantage of any error or omission in the specifications. This Contract shall not be construed against either party by virtue of the fact that such party or its agent authored all or any part hereof.

31. NO LIMITATION OF LIABILITY. The mention of any specific duty or liability of the Contractor in any part of this Contract shall not be construed as a limitation or restriction upon any general liability or duty imposed upon the Contractor.

32. GOVERNING LAW. This Contract is executed in the State of Maryland and shall be governed by Maryland law. The Contractor, by execution of this Contract, consents to the jurisdiction of the Maryland state courts with respect to any dispute arising out of this Contract and further consents to venue in Montgomery County, Maryland.

33. MODIFICATION. This Contract may be modified only by written instrument signed by both parties hereto.

34. NOTICES. Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to any officer of the corporation for who it was intended if delivered or sent by registered or certified mail to the last address known.

35. ENTIRE CONTRACT. This Contract, including the exhibits attached hereto, constitutes the entire Contract between the Village and the Contractor, and the parties shall not be bound by any prior negotiations, representations or promises, not contained herein.

36. SEVERABILITY: If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

37. NO WAIVER OF RIGHT: The failure of the Village to enforce any provision of this Contract shall not be construed as a waiver or limitation of the Village’s right to subsequently enforce and compel strict compliance with every provision of this Contract.

38. ENFORCEMENT. If, at any time, the Contractor is in default of any of its obligations under this Contract, the Village shall be entitled to all expenses, including court costs and reasonable attorneys’ fees, incurred in securing the performance of any obligations under this Contract and/or in prosecuting a claim for damages arising from the Contractor’s default.

This provision shall survive the termination of the contract.

39. POLITICAL CONTRIBUTIONS. If applicable, the Contractor has complied with Sections 14-101 through 14-108 of the Election Law Article of the Annotated Code of Maryland, which requires that every person that enters into, during any 12 month period, one or more contracts, leases, or other agreements with the State, a county, or an incorporated municipality, or their agencies, involving a cumulative consideration of at least $100,000 or more, shall file with the State Administrative Board of Election Laws a statement disclosing contributions to a candidate, or a series of such contributions, in a cumulative amount in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election.

IN WITNESS WHEREOF, the Village and the Contractor have executed this Contract under seal, for the purposes of creating a specialty, as of the date first written above.

CONTRACTOR:

By: _________________________(SEAL) (signature)

(print name, title)

VILLAGE OF DRUMMOND

By: _________________________(SEAL) Michael McMahon, Village Manager

EXHIBIT 1

SCOPE OF WORK

EXHIBIT 2

SALES TAX EXEMPTION CERTIFICATE

F. Bid Sheet

Twice a week, back-door collection of general residential waste. (Monthly Rate)

Cost for one (1) person crew for general residential waste collection: $

Twice a year, curbside bulk trash pick-up.

Cost of two (2) curbside bulk trash collections per year: $

Fifty (50) gallon wheeled trash cans with lid (Village Option).

Cost for forty-one (41), fifty (50) gallon wheeled trash cans with lid: $

Replacement cost for one (1), fifty (50) gallon wheeled trash can with lid: $

Bidder: ________________________________

Signature: ________________________________

(Print Name, Title)

Date: ___________

G. Non-Collusion Affidavit

I hereby affirm that:

I am the _________________________________(title) and duly authorized representative of the firm of _______________________________________(name of Corporation) whose address is _______________________________________________ and that I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting. I further affirm:

1. I am fully informed respecting the preparation and contents of the attached bid or and all of the pertinent circumstances respecting such bid:

2. Such bid is genuine and is not a collusive or sham bid:

3. Neither the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interests, including this affidavit, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding 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 bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Village of Drummond or any person interested in the proposed Contract; and

4. The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit.

I do solemnly declare and affirm under the penalties of perjury that the contents of this affidavit are true and correct.

Name of Firm: ______________________________________

Signature and Title: ______________________________________

Printed Name: ____________________________________

Date:__________________

H. Affidavit of Non-Conviction

I hereby affirm that:

I am the ___________________________(title) and duly authorized representative of ____________________________________________(name of business entity) whose address is ____________________________________________ and that I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting. I further affirm:

1. Except as described in paragraph 2 below, neither I nor the above business entity, nor to the best of my knowledge, any of its controlling stockholders, officers, directors, or partners, performing contracts with any public body (the State or any unit thereof, or any local governmental entity in the State, including any bi-county or multi-county entity) has:

A. been convicted under the laws of the State of Maryland, any other state, or the United States of any crime set forth in the Maryland Code, State Finance and Procurement Article, Sections 16-202 and 16-203, as amended, including but not limited to (1) bribery, attempted bribery, or conspiracy to bribe; (2) a criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; (3) fraud, embezzlement, theft, forgery, falsification or destruction of records, or receiving stolen property; (4) a criminal violation of an antitrust statute; (5) a violation of the Racketeer Influenced and Corrupt Organization Act, or the Mail Fraud Act, for acts in connection with the submission of bids or proposals for a public or private contract; (6) a violation of State Finance and Procurement Article of the Maryland Code; or (7) conspiracy to commit any of the foregoing;

B. pled nolo contendere to, or received probation before verdict for, a charge of any offense set forth in subsection A of this paragraph;

C. been found civilly liable under an antitrust statute of the State of Maryland, another state or the United States for acts or omissions in connection with the submission of bids or proposals for a public or private contract; or

D. during the course of an official investigation or other proceeding, admitted, in writing or under oath, an act or omission that would constitute grounds for conviction or liability under any law or statute described in subsection A or C of this paragraph;

2. State “none” or, as appropriate, list on a separate sheet any conviction, plea or admission described in paragraph 2 above, with the date, court, official or administrative body, the individuals involved and their position with the firm, and the sentence or disposition, if any.

3. I further affirm that neither I nor the above business entity shall knowingly enter into such a contract with the Village of Drummond under which a person or business debarred or suspended from contracting with a public body under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland, will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property or construction.

I acknowledge that this affidavit is given pursuant to Maryland Code, State Finance and Procurement Article, Section 16-311. I acknowledge that, if the representations set forth in this affidavit are not true and correct, the Village of Drummond may terminate any contract awarded and take any other appropriate actions. I further acknowledge that I am executing this affidavit in compliance with Section 16-309 of the State Finance and Procurement Article, as amended, which ordains that any person convicted of bribery (upon acts committed after July 1, 1977) in furtherance of obtaining a contract from the State or any subdivision of the State of Maryland shall be disqualified from entering into a contract with the Village of Drummond.

I do solemnly declare and affirm under the penalties of perjury that the contents of this affidavit are true and correct.

Name of Business Entity: ______________________________________

Signature and Title: ______________________________________

Printed Name: ____________________________________

Date: __________________