dooly county commissioners regular meeting … · 2/7/2019 · dooly county commissioners regular...

DOOLY COUNTY COMMISSIONERSREGULAR MEETING - FEBRUARY 7, 2019 of4

The regular meeting of the Dooly County Commissioners was held this date at 9:00 AM at theDooly County Commissioners’ Of?ce in Vienna. Members present were: Commissioner DavidBarron, Commissioner Eugene Cason, Commissioner Terrell Hudson, Commissioner TonyLester and Commissioner Harry Ward. Also present were: Administrator Stephen Sanders.Clerk Linda Woodson. County Attorney Bert Gregory. and News Observer reporter TimFranzeen.

CALL TO ORDERChairman Hudson called the meeting to order at 9:00 AM.

PRAYERCommissioner Harry Ward led the Board in prayer.

PLEDGE OF ALLEGIANCEChairman Hudson led the board in the Pledge ofAllcgiance.

AGENDA APPROVALUpon motion by Commissioner Lester and seconded by Commissioner Cason, the board votedunanimously to approve the amended agenda.

MINUTESUpon motion by Commissioner Cason and seconded by Commissioner Lester the board votedunanimously to approve the minutes for January 17. 2019.

ABM BUILDING SOLUTIONSABM has submitted a Resolution for the County Commissioners to adopt to proceed to the nextstep in the process. Upon motion by Commissioner Cason and seconded by CommissionerBarron, the board voted unanimously to proceed with adopting the resolution with ABM forguaranteed energy savings. (A copy of this Resolution will be attached to these Minutes asExhibit “A".)

COUNTYWIDE ADRESSING PROGRAMMINGIT Director Chris Flynn updated the Board on the addressing program that he has developed.The program provides GPS locations for all residential structures in the County. Some of theFirst Responders have been testing program and it is working well.

DOOLY COUNTY ECONOMIC DEVELOPMENT CENTEREDC Director Scotty Mashburn requested approval to purchase a new 2019 Chevrolet Tahoe.The State Contract price for the vehicle is $36,174.00. Mr. Mashbum states that the EDC has thefunds to purchase the vehicle. The County Commissioners approved the purchase pendingapproval by the EDC Board.

DOOLY COUNTY COMMISSIONERSREGULAR MEETING FEBRUARY 7, 2019 of4

DOOLY COUNTY LIBRARY BOARDThe Dooly County Library Board has two vacancies that must be ?lled by the CountyCommissioners. Library Manager Hope Henderson submitted the followingnames as potentialcandidates: Angie Brannen, Dr. Gwendolyn Dexter. Tracer Gramm. Cathy Jones, and LaurieLowery. No action taken.

ADVANCED DISPOSALMichael McWhirter ofAdvanced Disposal Services met with the Board requesting to extend thecontract for residential and commercial solid waste services with the County. The currentcontract expires March 2019. Upon the motion by Commissioner Cason and seconded byCommissioner Lester, the board voted unanimously to approve a new contract for the period ofMarch 14. 2019 thru March 18, 2024. (A copy ofthis contract will be attached to these Minutesas Exhibit “B”.)

NO THRU TRUCKSThe County Commissioners Of?ce received a request that the County install “N0 Thru Trucks”signs on River Road. This item was tabled umil the next meeting.

HURRICANE MICHEAL RECOVERYEMA Director Kenny Calhoun addressed the Commissioners with the latest update on HurricaneMichael’s recovery efforts. Mr. Calhoun also explained the FEMA'S process of determining thatDooly County did not suffer enough damage for residents to qualify for the FEMA IndividualAssistance program.

DOOLY COUNTY PLANNING COMMISSIONThe Planning Commission requests a Work Session with the County Commissioners to discusspotential changes to the Zoning Ordinance. The Commissioners scheduled a Work Session withthe Planning Commission on Monday, February 25. 2019 at 5:30 pm at the Dooly CountyBuilding Safety Of?ce located at 204 West Union Street in Vienna.

SERIES 2015A GENERAL OBLIGATION BONDThe next payment on the Series 2015A General Obligation Bonds payment is due 02/25/2019 inthe amount of $48,060.00 (Interest Only). This payment will be remitted from the SPLOST2013-2018 Jail checking account.

SERIES 2015B GENERAL OBLIGATION BONDThe next payment on the Series 20158 General Obligation Bonds payment is due 02/25/2019 inthe amount of$260,016.25 (Interest — $30,016.25; and. Principal - $230,000.00). This paymentwill be remitted from the General Fund checking account.

DOOLY COUNTY COMMISSIONERSREGULAR MEETING FEBRUARY 7, 2019 of4

PAVING RESURFACING PPROJECTThe Houston County Commissioners are seeking bids for the 2019 Joint LMIG Project Sealedbids must be received by 10:00 AM on March 7th. Bid Documents and Contract Documents are

available at the Houston County Public Works Department. A Pre—bid Conference is scheduledfor Thursday, February 2151 at 10:00 AM. Administrator Sanders will be attending thisconference meeting.

GREATER DOOLY COUNTY COMPREHENSIVE PLAN 2018—2027Gerald Mixon reports that the Georgia Department ofCommunity Affairs recently stated that forlocal governments to be eligible for housing rehabilitation grants, that Housing Rehabilitationmust be identi?ed as a service in the Service Delivery Strategy. Upon motion by CommissionerLester and seconded by Commissioner Cason, the board voted unanimously to amend theGreater Dooly County Comprehensive Plan 2018—2027to include Housing RehabilitationService.

GEORGIA DEPARTMENT OF REVENUEIn 2018, the Georgia General Assembly passed Senate Bill 371 , which became effective07/01/2018. Under SB371, a county governing authority may designate an of?cial to obtaininformation about vendors remitting sales tax 10 the Georgia Department of Revenue. Uponmotion by Commissioner Lester and seconded by commissioner Barron, the board votedunanimously to approve Administrator Sanders as the designated of?cial to receive informationabout vendors remitting sales tax to the Georgia Department of Revenue.

BARBER SHOPOn 06/07/20] 8, the County Commissioners classi?ed the vacant Barber Shop building (206 S.Third Street, Vienna) as Surplus Property. The County published a notice requesting proposalsfor the removal of the building from the site. No proposals were received. At today’s meeting,Chairman Hudson stated that the U nadilla Lions Club wanted to move the building to a City Parkin Unadilla and preserve the building. The Commissioners agreed to donate the building to theCity of Unadilla

PROPERTY TAX ABATEMENTVienna CommunityDevelopment Director Janet Joiner met with the Board to discuss the requestfrom Nathan Litkowski for a two—year property tax abatement for the former school propertylocated at 214 N. Ninth Street in Vienna. Mr. Litkowski purchased the property with plans toconvert the property into apartments. However due to environmental issues, he has hadproblems in ?nding a bank that will work with them for a construction loan. He is requesting thatthe county grant him an additional two years of tax abatement to allow adequate time tocomplete the construction. The Board tabled this item until Attorney Gregory reviews the matterand prepares a Resolution for consideration by the Board.

DOOLY COUNTY COMMISSIONERSREGULAR MEETING FEBRUARY 7, 2019 of 4

EXECUTIVE SESSIONUpon motion by Commissioner Lester and seconded by Commissioner Barron. the board voted

unanimously to call the meeting into Executive Session at 10:40 A.M. to discuss a personnel

matter with County Attorney 8611 Gregory.

REGULAR SESSIONUpon motion by Commissioner Barron and seconded by Commissioner Cason the board voted

unanimously to call the Regular Meeting back into regular session at 10:57 am.

EXECUTIVE SESSION MINUTESUpon motion by Commissioner Cason and seconded by Commissioner Barron, the board voted

unanimously to approve the minutes of the Executive Session as read as in Executive Session by

Clerk Linda Woodson.

ADJOURNMENTUpon motion by Commissioner Lester and seconded by Commissioner Barron, the meeting

adjourned at 11:00 am.

ZM/ , Wé/TERRELL HUDSON, CHAIRMAN DAYJD

BARRON, VICE CHAIRMAN

DISTRICT #2 DIS RICT #5

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EUGE?ECASON, COMMISSIONER HARRY WARD

DISTRICT #3 DISTRICT #4

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TONY LE TER‘ LINDA WOODSON

DISTNQ, #1 CLERK

February 7, 2019Exhibit "A"Page 1 of 1

RESOLUTION

WHEREAS, the Dooly CountyBoard of Commissioners recognizes the importance of providingbest-in-class facilities to support the county'sservice needs and goals; and

WHEREAS, the Dooly CountyBoard of Commissioners recognizes that this can best beachieved by providing modern, energy efficient and technologicallysuperior infrastructure forour facilities, througha GuaranteedEnergy Savings Contract; and

WHEREAS, the Dooly CountyBoard of Commissioners has chosen ABM Building Solutions,LLC as its partner in providing such infrastructure improvements;

BE IT THEREFORE RESOLVED, that the Dooly County Board of Commissioners enter into a

contract with ABM Building Solutions, LLC, for an amount not to exceed $5,000,000 to provideupgrades to Dooly County Facilities through a Guaranteed Energy Savings Contract and thatfinancing (15 year lease) of the project be negotiated and presented to the commission forconsideration; and that it authorizes the chairman to sign appropriate contractual agreementdocuments once approved by the commission's attorney.

A Febru , 2019

Terrell Hudson, Chairman

February 7, 2019Exhibit "B"Page l of 12

Agreement for Residential and Commercial Solid Waste Services

THIS AGREEMENT FOR RESIDENTIAL AND COMMERCIAL SOLID WASTECOLLECTION SERVICES (this "Agreement") made and entered into on the

7 day of ÑÁmy , 2019, by and between DoolyCounty,a political subdivision of the SËateof Georgia, by and through its Chairman andCommissioners, hereinafter referred to as "County," and Advanced DisposalServices Macon, LLC or its legal successors, acting by and through its dulyauthorized officers hereinafter referred to as "Contractor."

WHEREAS, it is necessary for County to promote, preserve and protect thepublic health of its citizens; and

WHEREAS, the removal of garbage, rubbish and other waste materialgeneratedwithin unincorporatedDooly County is a valid exercise of the County'spolice power, and

WHEREAS, the granting of an exclusive Contract to a private corporation forthe collection and disposalof solid waste is a valid function of the County; and

WHEREAS, Countyand Contractor are desirous of entering into an agreement,under the terms of which, Contractor shall have an exclusive Contract for aspecified period of time for the collection and removal of all Commercial andResidentialSolid Waste generatedwithin the County, and

WHEREAS, Countyand Contractor have agreed to the conditions, terms, rates,provisionsand considerations under which Contractor shall perform such solidwaste collection and disposalservices as herein set out, and for the compensationas hereinafter provided;and

WHEREAS, it is the intent of the County that the owner or occupant of everyResidential Premises and Commercial Premises in the Countywill receive solidwaste collection and disposalservices providedby Contractor,and

WHEREAS, Countyagrees to pay for the residential and commercial solid wasteservices.

THEREFORE, Countyand Contractor agree as follows:

Section 1.0 - DefinitionsFor purposes of this Agreement,the following terms shall be defined as follows:

1.1 Agreement: This contract agreement, including exhibits and anyamendments thereto, agreed to by the County and the Contractorduring the term of the Agreement.

February 7, 2019Exhibit "B"Page 2 of 12

1.2 Bulk Items: Those items of furniture, such as sofas, chairs, tables,and other large household items, which cannot reasonably beplaced in a 95 gallonrollout cart.

1·3 Cart: A rollout receptacle for Residential Solid Waste with acapacity of not less than 95 gallons, constructed of plastic,metal orfiberglass, having handles of adequate strength for lifting, andhaving a tight-fitting lid capable of preventing entrance into thecontainer by vectors.

1·4 C & D Materials: Waste materials generated by the construction,remodeling, repair or demolition of residential, commercial orother structures.

1·5 County: Dooly County, Georgia.

1.6 Commercial Hand-load Customer: All Commercial Premisesutilizing a Cart for the placementof their solid waste for collectionby the Contractor

1.7 Commercial Premises: All Non-Residential Premises, public orprivate, requiring solid waste collection within the incorporatedarea of the County, including commercial, industrial, institutional,and governmentalpremises.

1.8 Commercial Solid Waste: All Garbage, Rubbish and otheracceptable waste generatedby a Commercial Premises and all C & DMaterials,excludingHazardous Waste.

1.9 Contractor: Person, firm, corporation,organization,or entity withwhom the County has executed a contract for performanceof thework or supply of equipmentor materials,and its duly authorizedrepresentative.

1.1o Curbside: The location adjacentto the traveled portion of a publiclyowned roadway designated by the Contractor for the placementofsolid waste for collection.

1.11 Garbage: Solid waste consisting of putrescible animal andvegetablewaste materials resulting from the handling, preparation,cooking and consumptionof food, including waste materials frommarkets,storage facilities, handling and sale of produce and otherfarm products.


1.12 Hazardous Waste: Any solid waste identified or listed as ahazardous waste by any agency of the State of Georgia or theadministrator of the U.S. Environmental Protection Agencypursuant to the federal Solid Waste Disposal Act, as amended bythe Resource Conservation and Recovery Act, 72 U.S.C. 6901 etseq., as amended, including future amendments thereto.

1.13 Residential Premises: A dwelling within the Countyoccupied by aperson or group of persons, including single family homes,duplexes, triplexes,quadraplexes,and mobile homes whether suchmobile homes are registered as vehicles or assessed as realproperty.

1.14 Residential Solid Waste: All Garbage and Rubbish generated by aResidential Premises, excludingrecyclables,bulk items,automobileparts, tires, C & D Materials,Yard Waste, White Goods, HazardousWaste, or other unacceptable materials.

1.15 Rubbish: Non-putresciblesolid waste consisting of paper, rags,cardboard, cartons, wood, rubber, plastics, glass, crockery, metalcans or other such waste.

1.16 White Goods: Refrigerators, ranges, washers, water heaters, andother similar domestic appliances.

1.17 Yard Trash: Leaves, brush, grass clippings, shrubs and treepruning, and other vegetativematerials from the maintenance ofyards, lawns,and landscapingat Residential Premises.

Section 2.0 - Scope of WorkThe work under this Contract shall consist of the work and services to beperformed in the collection and disposalof Commercial and Residential SolidWaste generated in the County, including all the supervision, materials,equipment, labor and all other items necessary to complete said work andservices in accordance with the terms of this Agreement.

Section 3.0 - Collection3.1 Service Provided:

A. Contractor shall collect Garbage from each ResidentialPremises one (1) time per week. Contents of cart only andthe occupant of the Residential Premises shall place garbageout by 6:3o AM on the designated collection day. Contractoris not responsiblefor solid waste outside of the cart.


B. Contractor shall collect Garbage and Construction anddemolition waste for all Commercial Premises withContractor owned front end load dumpsters or roll offcontainers/compactors on a frequency to matchCommercial Customer's needs.

3.2 Carts/Bins/Dumpsters/RollOff ContainersContractor shall furnish collection equipment to every Residentialand Commercial Unit for every occupied location in theunincorporated area of the County. Upon placement,Equipmentshall be the property of Contractor. It shall be the responsibilityofthe owner of the Residential and Commercial Premises to properlyuse and safeguard the Contractor's Equipment. Contractor shallmaintain Equipment in reasonably good condition. Contractorshall have the right to charge Customers for the cost of repair orreplacement of Equipment, if such repair or replacement isrequired as a result of abuse or damage, fire, or theft by theoccupant. The amount charged shall not exceed Contractor's costfor the Equipment.

3·3 Location Residential Items for CollectionGarbage shall be placed at Curbside for collection. Curbside refersto that portion of right-of-wayadjacentto paved or traveled Countyroadways. Items shall be placed as close to the roadway aspracticablewithout interfering with or endangeringthe movementof vehicles or pedestrians. When construction work is beingperformed in the right-of-way, items shall be placed as close aspracticableto an access point for the collection vehicle. The Front-end load and roll off containers must be placed in an accessiblelocation on hard surfaces. Commercial customers shall beresponsiblefor maintaining such surfaces. The Countyreserves theright to amend the placementof containers allowing for safe andefficient service by Contractor. Overloadingis the responsibility ofthe producer. Any damage to equipment, containers, or trucksowned by the Contractor due to improper loading, overloading,orloading with improper material, will be the responsibility of theproducer. Offloading will be the responsibility of the producer.Damage to trees, shrubs, undergroundwater lines, sewer lines, gaslines, driveways, pavement, etc., will the responsibility of theproducer.


3.4 Elderlyand DisabledContractor shall provideside door pick-up of residential solid wasteto elderlyor disabled residents as designatedby the Countywho arephysicallyunable to place container at Curbside on pick-up day. Inno case will the quantity of persons receiving backyard pick-upexceed two percent (2%) of the total Residential Premises.Contractor shall provide side door Residential Solid Wastecollection service at no additional charge for those residents notphysically able to take Carts to Curbside, provided however,thatsuch exemptionswill be grantedonly if there is no other occupantof the Residential Premises physicallycapable of placing the Cart atCurbside and the resident provides an affidavit from a physiciancertifying the physical disability. In no event will side door orbackdoor service be provided at a distance of more than 15o feetfrom the public roadway. In the event where side door or back doorservice is providedpursuant to this Section, the occupant shall usethe Cart for storage of Residential Solid Waste but must place theResidential Solid Waste in bags, designed to accommodate storageof waste, each bag not to exceed 30 poundsin weight.

Section 4.0 -- Routes and Hours of Collection Operation4.1 Hours of Operation

Collection of Residential Services shall not start before 6:30 AM norcontinue after 5:oo PM on the same day.

4·2 Routes of CollectionThe Contractor shall establish collection routes. Contractor shallsubmit a map designatingthe collection routes with days of pick-upto the County for its approval, which approval shall not beunreasonablywithheld. The Contractor may from time-to-timepropose to County for approval changes in routes or days ofcollection, which approval shall not be unreasonably withheld.Upon County approval of the proposed changes, Contractor shallpromptly give written or published notice to the affectedCustomers.

4-3 HolidaysThe following shall be holidaysfor the purpose of this Contract:

New Years' Day, Independence Day, Labor Day,ThanksgivingDay, and Christmas Day

Contractor may decide to observe any or all the above-mentionedHolidays by suspension of collection service on the holiday, butsuch decision does not relieve the Contractor of his obligation toprovide collection service at least once per week (Monday -

Saturday) within the HolidayWeek.


4·4 ComplaintsAll complaintsshall be made directly to the Contractor and shall begiven prompt and courteous attention. In the case of allegedmissed scheduled collections,the Contractor shall investigateand,if such allegationsare verified, shall arrange for the collection of theRefuse not collected within 24 hours after the complaint is received.

4·5 Collection Equipmentand PersonnelThe Contractor shall provide an adequate number of vehicles forregular collection services. All vehicles and other equipmentshallbe kept in good repair, appearance, and in a clean and sanitarycondition at all times. Each vehicle shall have clearly visible oneach side the identity and telephonenumber of the Contractor. AllSolid Waste hauled by the Contractor shall be so contained,tied,covered, or enclosed such that leaking, spilling, or blowing areprevented.

4.6 OfficeThe Contractor shall maintain an office or such other facilitiesthrough which they can be contacted. It shall be equippedwithsufficient local service telephonesand shall have a responsibleperson in charge from 8:oo AM to 5:00 PM daily on regularcollection days.

4·7 AccessThe Contractor shall be required to providecollection services to allResidential and Commercial Premises located on publicly ownedroadways accessible to standard waste collection vehicles. TheCounty shall maintain all publicly owned roads and bridges in acondition that affords access by Contractor's standard wastecollection vehicles. The County shall require occupants ofResidential Premises to place garbage at curbside for collection.

Section 5.0 -- Compensation5.1 Rate AdjustmentsDue to SignificantChanges

The rates set forth in Exhibit "A" shall be fixed for the initial firstyear term of this Agreement. Rates can be adjustedto compensateContractor for:

A. Any change in Governmental laws, ordinances,regulations,County or State host fees, assessments, feesor taxes that require Contractor to incur additional costsin the performance of services pursuant to thisAgreement (Changes in Law), including changes indisposalfees due to such Changes in Law. In the eventthat the above event occurs, Contractor shall determinethe amount of rate adjustment required to compensate


the Contractor for the additional, fully justifiable costsand County shall pay Contractor for the rate adjustment.

B. The Service Fees payable to the Contractor pursuant tothis Agreementwill be adjustedafter the first year on theanniversary date the Effective Date of this Agreementduring the Term, and any Renewal Term such that theService Fees for the immediately ensuing twelve (12)-month period shall be increased on the basis of 100% ofthe increase, if any, in the Consumer Price Index for AllUrban Consumers, U.S. City Average, by expenditurecategory and commodity and service group, Water andSewer and Trash Collection Services, as publishedby theU.S. Departmentof Labor, Bureau of Labor Statistics (the"CPI"), during the immediately preceding twelve-(12)month period.

5-4 Delinquentand Closed AccountsThe Contractor shall discontinue refuse collection service at anyResidential or Commercial Unit as set forth in a written notice sentto it by the County. Upon further notification by the County, theContractor shall resume refuse collection on the next regularlyscheduled collection day. The Countyshall indemnify and hold theContractor harmless from any claims, suits, damages, liabilities orexpenses (includingbut not limited to expenses of investigationandattorney's fees) resulting from the Contractor's discontinuingservice at any location at the direction of the County.

5-5 Contractor Residential and Commercial Billings to CountyThe Contractor shall bill the County for Residential andCommercial Service rendered within ten (10) days following the endof the month and the County shall pay the Contractor on or beforethe 3oth day following the end of such month. Such billing andpaymentshall be based on the total number of Residential Premisesand Commercial Premises with support documentation in theCounty and the price rates and schedules set forth in Exhibit Ahereto.

Section 6.0 - Non-DiscriminationIn the performanceof the work and services to be performed under the termshereof, the Contractor covenants and agrees not to discriminate against anyperson because of race, sex, creed, color, religion or national origin.


Section 7.0 - IndemnityThe Contractor will indemnify,hold harmless, and defend the County, its officers,agents, servants and employees from and against any and all suits, actions, legalproceedings, claims, demands, damages, costs, expenses, and reasonableattorney'sfees incidental to any work done in the performanceof this Contractarising out of a willful or negligentact or omission of the Contractor its officers,agents, servants and employees; provided, however, that the County willindemnify, hold harmless and defend the Contractor, its parent corporation andtheir respective officers, agents, servants and employees from and against anyand all suits, actions, legal proceedings, claims, demands, damages, costs,expenses and reasonableattorney'sfees arisingout of a willful or negligentact oromission of the County, its officers, agents, servants and employees.

Section 8.o - Force MajeureExcept for the obligation to pay for services rendered, neither party hereto shallbe liable for failure to perform hereunder due to contingencies beyond its control,including, but not limited to riots, war, fire, acts of God (including withoutlimitation flood, hurricane, tornado or storm), compliance with any law,regulationor order, whether valid or invalid, of the United States of America orany other governmentalbody or instrumentality thereof, whether now existingorhereafter created (collectivelyreferred to as "Force MajeureEvent"). In addition,the performance required under this Contract does not include the collection ordisposalof any increased volume of solid wastes resulting from a Force MajeureEvent. In the event of such Force MajeureEvent, the Contractor will vary routesand schedule as may be deemed necessary. In addition, the County andContractor shall negotiatethe amounts to be paid Contractor for services to beperformedas a result of increased volumes resultingfrom a Force MajeureEventor any other event over which Contractor has no control.

Section 9.o - Licenses and TaxesThe Contractor shall obtain all licenses and permits and promptly pay all taxesrequiredby the Countyand State.

Section 10.0 - TermThe term of this Agreementshall begin on March 14, 2019 and continue for aperiod of five (5) years. County and Contractor may renew this Agreementbymutual consent at any time throughoutthe term of this contract.

Section 11.0 - ReportsContractor shall provide various reports to the County as may be required fromtime to time.

Section 12.0 - InsuranceThe Contractor shall at all times during the Agreementmaintain in full force andeffect Employer's Liability, Workmen's Compensation,Public Liability, andProperty Damage Insurance, including contractual liability coverage for theprovisionsof Section 8. All insurance shall be by insurers and for policy limits


acceptable to the County and before commencement of work hereunder theContractor agrees to furnish the County certificates of insurance or otherevidence satisfactory to the City to effect that such insurance has been procuredand is in force. The certificates shall contain the following express obligation:

"This is to certify that the policies of insurance described herein have been issuedto the insured for whom this certificate is executed and are in force at this time.In the event of cancellation nor material change in a policy affecting thecertificate holder, thirty (30) days prior written notice will be given the certificateholder."

For the purpose of this Contract, the Contractor shall carry the following types ofinsurance in at least the limits specified below:

COVERAGES LIMITS OF LIABILITYWorkers' Compensation Statutory-Minimum

$100,ooo/accidentEmployer'sLiability $1,000,000Bodily Injury Liability $1,ooo,oooeach occurrenceExcept Automobile $1,ooo,oooaggregateProperty Damage Liability $1,000,000each occurrenceExcept Automobile $1,ooo,oooeach occurrenceAutomobile Bodily Injury $1,ooo,oooeach personLiability $1,ooo,oooeach occurrenceAutomobile PropertyDamage Liability $1,ooo,oooeach occurrenceExcess Umbrella Liability $2,ooo,ooo each occurrence

Section 13.0 - Compliance with LawThe Contractor shall conduct operationsunder this Contract in compliancewithall applicablelaws, including without limitation, ordinances, laws and statutes ofthe County, state and federal governmentsprovided,however that the Contractshall govern the obligations of the Contractor where there exist conflictingordinances of the County on the subject. In the event that the collection ordisposalof any solid waste hereunder shall become restricted or prohibited byany applicablelaw, ordinance, rule or regulation, such type of waste shall beeliminated from the requirementsand provisionsof this Contract.

Section 14.0 AssignmentContractor's rights accruing under this Contract may be assigned in whole or inpart by the Contractor with the prior written approvalor consent of the County.As a condition of such assignment, the assignee shall agree to assume theobligationsof Contractor hereunder.

Section 15.0 - Exclusive ContractThe Contractor shall have the sole and exclusive contract to provide solid wastecollection and disposalservice in the County. The County hereby grants, and theContractor hereby accepts, the sole and exclusive contract, license and privilege


to provide Residential and Commercial collection and disposal service to allResidential and Commercial Premises in the County for the initial five (5) yearterm of this Agreementand all renewal terms thereto. The Countyfurther agreesthat so long as Contractor is not in default hereunder, it will not enter into anyagreement with any other entity for performanceof solid waste collection anddisposalservices during the term hereof or any renewal terms.

Section 16.0 - OwnershipTitle to the Residential and Commercial Solid Waste to be collected under thisContractor shall pass to the Contractor once it is placed in the vehicle undercontrol of the Contractor.

Section 17.0 - Termination and Attorney Fees17.1 In the event of an alleged material breach of this Contract, theCounty shall providewritten notice of such breach to the Contractor,to bedelivered by Certified Mail, return receipt requested. If within 2o daysfrom receipt of such notice, the Contractor has either failed to correct thecondition or reach an agreement with the County on a mutuallysatisfactory solution, then the County may, within 1o days, require theContractor to appear before the Chairman and Commissioners,at either aregularor speciallycalled meeting,to show cause why the Contract shouldnot be terminated. After such meetingthe Commission may elect to:

A. Provide written notice to the Contractor that the Contractwill be terminated 30 days from the receipt of suchnotice.

B. Extend the time to allow Contractor to cure the breach.C. Imposesanctions or other remedies without terminating

the Contract.

Section 18.0 - Miscellaneous Provisions18.1 Choice of Law

This Agreement shall be construed in accordance with andgoverned for all purposes by the laws of the State of Georgia,excludingthe laws applicableto conflicts or choice of law.

18.2 Entire AgreementThis instrument contains the entire agreementbetween the partiesrelating to the rights herein granted and the obligations hereinassumed. Any oral representationor modifications concerning thisinstrument shall be of no force or effect and this Contract may notbe amended except by a subsequentmodification in writing, signedby the partieshereto.

18.3 SeverabilityIf any part of this Agreementfor any reason is declared invalid,such decision shall not affect the validity of any remaining portion,which remaining portion shall remain in force and effect as if this


Contract had been executed with the invalid portion thereofeliminated. It is hereby declared the intention of the parties thatthey would have executed the remaining portionof this Agreementwithout including any such part, parts or portions which may, forany reason, be hereinafter declared invalid.

18.4 CaptionsThe titles or headings preceding any section or paragraph are forreference and convenience only and shall be in no way construed tobe a material part of this Agreement.

18.5 County's AuthorityThe parties signing this Contract on behalf of the Countyhave beenauthorized to do so by specific action of the Chairman andCommissioners adopted in open meeting and of record in its officialminutes.

EXECUTED this day of 44 ty, 2019.

Signed By:


Exhibit A

Residential ServiceMonthly Base Rate for one time per week residential garbage service usingContractor owned carts $_11.69 per month per unit. Contents of cart onlywill be collected.

Extra Cart $ 0 per month

Commercial Service

Monthly Rate for a 2 yard dumpsterone time per week $ _43·42_ per monthMonthly Rate for a 2 yard dumpstertwo times per week $ _86.64_ per monthMonthly Rate for a 2 yard dumpsterthree times per week $ _130.16 per monthMonthly Rate for a 2 yard dumpsterfour times per week $ _173·55_ per monthMonthly Rate for a 4 yard dumpsterone time per week $_59.74_per monthMonthly Rate for a 4 yard dumpstertwo times per week $_117·31_ per monthMonthly Rate for a 4 yard dumpsterthree times per week $ _179.22 per monthMonthly Rate for a 4 yard dumpsterfour times per week $ _242·48 per monthMonthly Rate for a 6 yard dumpsterone time per week $_79·38_per monthMonthly Rate for a 6 yard dumpstertwo times per week $_155·17_ per monthMonthly Rate for a 6 yard dumpsterthree times per week $ _230.98_ per monthMonthly Rate for a 6 yard dumpsterfour times per week $ _307.97 per monthMonthly Rate for a 8 yard dumpsterone time per week $_97.61_per monthMonthly Rate for a 8 yard dumpstertwo times per week $_191.65_per monthMonthly Rate for a 8 yard dumpsterthree times per week $ _285.69_ per monthMonthly Rate for a 8 yard dumpsterfour times per week $ _380.92 per monthMonthly Rate for a 8 yard dumpsterfive times per week $ _476.15_per month

Extra Pick Up Cost Unscheduled $ _5o.oo_ per occurrence

Monthly Rate for Collection Site $ _115.00_ per Haul and $ _27.00_ per ton

February 7, 2019Exhibit "C"Page 1 of 2

RESOLUTION REQUESTING SALES TAX INFORMATIONFROM THE GEORGIA DEPARTMENT OF REVENUE

PURSUANT TO O.C.G.A. § 48-2-15(d.1) ANDNAMING A DESIGNATED OFFICER FOR ALL RELATED PURPOSES

WHEREAS,Georgia Code (O.C.G.A.) § 48-2-15, as amended in 2018, authorizes theCommissioner of the Georgia Department of Revenue (hereinafter the "DOR Commissioner") toprovide certain confidential sales tax information to the "designated finance officer or taxingofficial" of counties and other local governments; and

WHEREAS, more specifically, O.C.G.A. § 48-2-15(d.1) authorizes the DORCommissioner to provide to a local government's designated officer, upon request, certaininformation relating to vendors that have submitted sales tax reports within the period of time set

forth in that request; and

WHEREAS, O.C.G.A. § 48-2-15(d.1) further allows the local government's designatedofficer to request that the DOR Commissioner validate, from time to time, the politicalsubdivision to which sales taxes are being remitted by taxpayers with a business location withinthat local government's boundaries; and

WHEREAS,Dooly County desires to obtain the sales tax information described in theabove Georgia Code Section;

NOW, THEREFORE,BE IT RESOLVED by the Board of Commissioners of DoolyCounty, as follows:

1. The Board of Commissioners hereby designates the following finance or tax officialas Dooly County's Designated Officer for all purposes described in O.C.G.A. § 48-2-15(d.1):

Stephen C. Sanders, AdministratorDooly CountyCommissionersl13 N. Third Street, Room #1

Vienna, GA [email protected]

2. The Board of Commissioners hereby requests that the DOR Commissioner (or his/herdesignee) furnish to the above-named Designated Officer all vendor sales taxinformation described in O.C.G.A. § 48-2-15(d.1)(l) for Dooly County for thefollowingtime period: 07/01/2018 - 12/31/2018.

3. In accordance with O.C.G.A. § 48-2-15(d.1)(2)(B) and following receipt of theinformation described in Paragraph 2, above, the Designated Officer is herebyauthorized to request validation by the DOR Commissioner of the politicalsubdivision to which one or more vendors/taxpayers with a business location inDooly County have remitted sales taxes for the designated period, with such

February 7, 2019Exhibit "C"Page 2 of 2

validation request to contain the business name and location address of each suchvendor/taxpayer and such other information as may assist the DOR Commissioner inresponding to such validation request;

4. The Designated Officer shall use such information only in the discharge of his/herduties and shall maintain the confidentiality of such information as required byO.C.G.A. § 48-2-15(d.1); and

5. The Board of Commissioners shall comply with all confidentiality requirements ofO.C.G.A. § 48-2-15(d.1), including, but not limited to, the requirements that: (1) suchinformation may only be discussed by members of the Board of Commissioners inexecutive session; and, (2) members of the Board of Commissioners shall recusethemselves from such executive session discussions in the event of a conflict ofinterest as described in the above Georgia Code Section.

BE IT FURTHER RESOLVED,that this Resolution shall become effective upon itsapproval by the Dooly County Board of Commissioners, and the official named above shallremain Dooly County's Designated Officer for all purposes under O.C.G.A. § 48-2-15(d.1) untilfurther action of the Board of Commissioners.

BE IT FURTHER RESOLVED,that the Dooly Courty Clerk is hereby directed toprovide a certified copy of this Resolution to the Georgia Department of Revenue via email([email protected]) or to otherwise transmit a copy of this Resolution as maydirected by the Georgia Department of Revenue.

PASSED AND RESOLVED this 7th day of February 2019.

DOOLY COUNTY BOARD OF COMMISSIONERS

By:Terrell Hudson, Chairman

ATTEST:Linda C. Woodson, CountyClerk

[Affix Seal]

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