HomeMy WebLinkAbout2013-12-09-Meeting Agendawww.augustaga.gov
Public Safety Committee Meeting Commission Chamber- 12/9/2013- 1:00 PM
PUBLIC SAFETY
1. Approve FivePoints Solutions as the software provider for an
Accountability Court Case Management (ACCM) System.
Attachments
2. Approve Additional Software License Agreements with New
World Systems for AVL, Mobile, and Data Analysis and
Mapping Capability.
Attachments
3. Approve reallocation of Augusta’s Broadband assets.
Attachments
4. Motion to approve the minutes of the Public Safety Committee
held on November 25, 2013.
Attachments
5. An Ordinance to amend the Augusta, Georgia Code, Title 6
Chapter 6, Section 6-6-1 through Section 6-6-36, to add a new
section to be designated 6-6-37; to provide for additional
definitions; to clarify Code requirements as to books, DVDs,
CDs and other items; to provide updates; to repeal all Code
Sections and Ordinances and parts of Code Sections and
Ordinances in conflict herewith; to provide an effective date and
for other purposes.
Attachments
6. Motion to approve extending contract for medical direction
services provided to the Fire Department for the 2014 calendar
year as allowable in the contract.
Attachments
7. Motion to approve mutual aid agreement with GRU.
Attachments
8. Approve contracts with Woolpert and Azteca for the
implementation of Cityworks Software and associated hardware
for the Augusta Utilities Department.
Attachments
Public Safety Committee Meeting
12/9/2013 1:00 PM
Accountability Court Case Management System
Department:Information Technology
Caption:Approve FivePoints Solutions as the software provider for an
Accountability Court Case Management (ACCM) System.
Background:The mission of the Augusta Judicial Circuit Drug Court (AJCDC)
is to reduce the impact of drug-related crime by providing
comprehensive treatment to substance abusers with the goal of
improving public safety and decreasing the financial burden of
drug addiction to the entire community. It is an alternative to
incarceration and seeks to build people up and help them recover
instead of simply putting them in jail. The Superior Court Drug
Court has graduated 75 people (who are now productive citizens
instead of occupying jails) from the 24 month program. There are
currently 108 enrolled in the Drug Court, which has recently
received a $200K grant to increase services, reporting, and
evaluation tools. There is a great opportunity to expand the
program and help more people recover from damaging addictions.
Analysis:The accountability court is growing and is in need of a software
package that can handle the unique needs of the court. Currently,
staff is tracking participants with spread sheets. The needs of the
court have outgrown basic office programs and there is a great
need to have software that has tools which can interface with
testing equipment, provide reporting, and manage individual cases
so that participants can be properly tracked. Better tools help the
Court provide better service and management of the cases, which
benefits the Augusta community at large. Superior Court staff
have examined several options and have identified software from
FivePoints Solutions as the software package that is most suitable
to address the needs of the Court. This same software is used by
other courts in Georgia and meets the unique needs of an
Accountability Court. The software, once implemented, will
enable the court to perform progress evaluation, treatment
monitoring, document creation, and statistical reporting of results.
Financial Impact:The cost of the project is $51,000, which will be paid from
Superior Court funds. The annual maintenance cost will be
Cover Memo
Item # 1
$8,100.
Alternatives:N/A
Recommendation:Approve FivePoints Solutions as the software provider for an
Accountability Court Case Management (ACCM) System
Funds are Available
in the Following
Accounts:
101021112/909021115 5223112 $8,100 101021112/909021115
5424220 $43,000
REVIEWED AND APPROVED BY:
Procurement.
Information Technology.
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 1
Attachment number 1 \nPage 1 of 1
Item # 1
This document is 5 Point Solutions, LLC Proprietary and Confidential Information and is for use only by
Augusta Judicial Circuit
MMar
Augusta Judicial Circuit
Accountability Court
Case Management
System
October 7, 2013
Attachment number 2 \nPage 1 of 13
Item # 1
Augusta Judicial Circuit Proposal for ACCM
This document is 5 Point Solutions, LLC Proprietary and Confidential Information and is for use only by
Augusta Judicial Circuit
Page 2 of 13
1 Proposal
Augusta, Georgia desires to purchase a case management system for Accountability
Courts (ACCM) for use by their Adult Felony Drug Court and Mental Health Courts.
FivePoint Solutions will provide the following services:
· Software:
o ACCM is a full-featured, web-based case management system. ACCM
shall streamline the management of program evaluation, treatment, and
monitoring through the use of electronic document management;
generate documents; provide reporting measurements and tools; and,
integrate disparate systems.
· Services:
o FivePoint will work with Augusta, Georgia to configure the system based
on local business preferences to provide analysis, system configuration,
software/hardware installation, set up, project management, onsite and
online training, and go-live support. Our daily rate for professional
services is $1200. FivePoint has estimated the following days will be
required:
Analysis- 2 days
Configuration and Implementation – 5 days
Onsite Training – 3 days
Online Training – 1 day
Go Live Assistance – 2 days
o Integration services – FivePoint can provide integration between ACCM
and the following:
Wintox Laboratory Information Management System
o Conversion services – FivePoint can provide database and document
conversion services to eliminate the need for manually populating the
new case management system with data from existing systems,
specifically:
Microsoft Excel spreadsheets
Attachment number 2 \nPage 2 of 13
Item # 1
Augusta Judicial Circuit Proposal for ACCM
This document is 5 Point Solutions, LLC Proprietary and Confidential Information and is for use only by
Augusta Judicial Circuit
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· Hosting:
o FivePoint will work with Augusta, Georgia to configure the system based
on local business preferences, setting up the software in a hosted
environment for secure web access. The system will be hosted by
FivePoint Solutions.
· Maintenance and Support:
o FivePoint offers a variety of support options that provide flexibility to our
customers. FivePoint continues to develop and extend the ACCM
platform with functionality enhancements and improvements to
usability. Customers with active maintenance agreements automatically
gain access to updates and new features. For customers using the
FivePoint-hosted ACCM environment, updates are applied automatically
once testing is completed and functionality validated. For customers
using ACCM on local servers, FivePoint coordinates and schedules
updates with local technical resources.
Attachment number 2 \nPage 3 of 13
Item # 1
Augusta Judicial Circuit Proposal for ACCM
This document is 5 Point Solutions, LLC Proprietary and Confidential Information and is for use only by
Augusta Judicial Circuit
Page 4 of 13
2 Cost Schedule
FivePoint Solutions Hosted
Description Unit Amount Qty Total
Amount
Software (up to 3 courts) $ 25,000
Services
Professional Services $1200
(per day)
13 (days) $ 15,600
Integration
Wintox *TBD
Conversion
Excel for Drug Court $ 1,200
Excel for Mental Health Court $ 1,200
FivePoint Hosted Environment $ 3,600
(per year)
1 (year) $ 3,600
Maintenance & Support $ 4,500
(per year)
1 (year) $ 4,500
Total: $ 51,100
*TBD costs will be determined when outside vendors provide FivePoint with
configuration and format information necessary to quantify work effort. Augusta,
Georgia may incur additional conversion and integration costs from outside vendors not
reflected in this Statement of Work.
3 Payment Schedule
The following cost schedule is based on a “Not to exceed” estimate, excluding the TBD
items listed above.
Milestone Description Terms Total
Amount
#1 – Initial Deposit 50% at Project Kickoff $25,550.00
#2 – 1st Year Annual Maintenance Due at Project Kickoff $ 4,500.00
#3 – 1st Year Hosting Due at Project Kickoff $ 3,600.00
#4 – Drug Court Completion Due upon Go-Live of Drug Court $ 8,725.00
#5 – Mental Health Court Completion Due upon Go-Live of Mental Health Court $ 8,725.00
#6 – Balance of Integration costs Due upon Go-Live of Second Court *TBD
Total $ 51,100.00
Attachment number 2 \nPage 4 of 13
Item # 1
Augusta Judicial Circuit Proposal for ACCM
This document is 5 Point Solutions, LLC Proprietary and Confidential Information and is for use only by
Augusta Judicial Circuit
Page 5 of 13
4 General Terms and Conditions
The following general terms and conditions will govern the services performed under this
Statement of Work.
· All estimates are based on information provided to FivePoint Solutions by Augusta, Georgia.
· The standard Time & Materials rate for FivePoint Solutions is $150.00 per hour. All billable
services performed outside of this Statement of Work will be billed at $150.00 per hour, but
which must be pre-approved by Augusta, Georgia, which approval will not be unreasonably
withheld.
· All estimates are based on the defined project scope. Scope changes requiring significant
modifications to the services needed for the project will be estimated at the rate of $150.00
per hour, subject to prior approval by Augusta, Georgia, which approval shall not be
unreasonably withheld. Modifications are significant when the requested change(s) would
prevent the objectives of the project from being achieved within the defined schedule.
· All invoices are Net 30 days from the Invoice Date.
· When the project has been completed, support and maintenance fees will be invoiced
annually.
· Authorized Representative. Each party shall designate an individual to act as a
representative for the respective party, with the authority to transmit instructions and
receive information. The parties may from time to time designate other individuals or
change the individuals.
· Notices. All notices of any type hereunder shall be in writing and shall be given by Post or
by hand delivery to an individual authorized to receive mail for the below listed individuals,
all to the following individuals at the following locations:
To Augusta Judicial Circuit
Tom Gunnels, Court Administrator
735 James Brown Blvd., Suite 2200
Augusta, GA 30901
To Augusta, Georgia
ATTN: Office of the Administrator
530 Greene Street 8th Floor
Augusta, GA 30901
To Augusta, GA Information Technology
ATTN: Tameka Allen
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Item # 1
Augusta Judicial Circuit Proposal for ACCM
This document is 5 Point Solutions, LLC Proprietary and Confidential Information and is for use only by
Augusta Judicial Circuit
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530 Greene St Annex 101
Augusta, GA 30901
To FivePoint Solutions
C/o Cicero Lucas
905 Old Cherokee Rd
Lexington, SC 29072
Notices shall be declared to have been given or received on the date the notice is physically
received. Any party hereto by giving notice in the manner set forth herein may unilaterally
change the name of the person to whom notice is to be given or the address at which the notice
is to be received.
· Amendment of Agreement. Modifications or changes in this Agreement must be in writing
and executed by the parties bound to this Agreement.
· Severability. If a word, sentence or paragraph herein shall be declared illegal,
unenforceable, or unconstitutional, the said word, sentence or paragraph shall be severed
from this Agreement, and this Agreement shall be read as if said word, sentence or
paragraph did not exist.
· Attorney’s Fees. Should any litigation arise concerning this Agreement between the parties
hereto, the prevailing party shall be entitled to recover reasonable attorneys’ fees from the
other party.
· Force Majeure. Either Party will be excused from performing the Services as contemplated
by this Agreement to the extent its performance is delayed, impaired or rendered
impossible by acts of God or other events that are beyond the reasonable control of the
parties and without fault or judgment, including without limitation, natural disasters, war,
terrorist acts, riots, acts of a governmental entity (in a sovereign or contractual capacity),
fire, storms, quarantine restrictions, floods, explosions, labor strikes, labor walk-outs, extra-
ordinary losses utilities (including telecommunications services), external computer “hacker”
attacks, and/or delays of common carrier.
· Time of the Essence. Time is of the essence for the completion of the Services to be
performed and each party’s respective obligations under this Agreement.
· Governing Laws. This Agreement shall be governed by the laws of the State of Georgia.
Any and all disputes arising from or concerning matters covered by this Agreement shall be
submitted to the Superior Court of the Augusta Judicial Circuit and the parties hereto
expressly consent to venue and jurisdiction therein.
· Contract Provisions. Agreement is subject to Contract Provisions as described in “Exhibit A –
Augusta, Georgia Technology Contract Provisions”
Attachment number 2 \nPage 6 of 13
Item # 1
Augusta Judicial Circuit Proposal for ACCM
This document is 5 Point Solutions, LLC Proprietary and Confidential Information and is for use only by
Augusta Judicial Circuit
Page 7 of 13
5 Signature
The undersigned hereby agree that the signatures below are fully authorized to bind the
respective parties to this Payment Schedule. Further, the parties acknowledge that no other
action, consent or approval by the respective parties is necessary to enter this Payment
Schedule as a binding and valid agreement.
Client: Company:
Augusta, Georgia 5 Point Solutions LLC
Client’s Authorized Signature: Company’s Authorized Signature:
Print Name: Print Name:
Deke S. Copenhaver, Mayor
Date: Date:
Attest:
Print Name:
Lena Bonner, Clerk of Commission
Date:
Attachment number 2 \nPage 7 of 13
Item # 1
Augusta Judicial Circuit Proposal for ACCM
This document is 5 Point Solutions, LLC Proprietary and Confidential Information and is for use only by
Augusta Judicial Circuit
Page 8 of 13
Exhibit A: Augusta Technology Contract Provisions
1. Parties: This agreement is by and between Augusta, Georgia (hereinafter “City”), a
political subdivision of the State of Georgia, with its place of business at 530 Greene
Street, Augusta, GA U.S.A., 30901, and FivePoint Solutions, LLC (“Vendor”), with its
place of business at 905 Old Cherokee Rd, Lexington, SC 29072.
2. Expectation of Vendor
2.1. Software and Services. Vendor is expected to implement Software and perform
services in accordance with the Accountability Court Case Management System
proposal dated October 7, 2013.
2.2. Hosting. As specified by Superior Court/Accountability Court personnel, Vendor
is expected to host the solution. By entering into this agreement, Vendor
confirms that the following conditions are true:
2.2.1. Vendor maintains sufficient database, server, and bandwidth capacity at
their facility or those maintained by their contractors/providers to ensure
that system performs at an acceptable level.
2.2.2. Vendor is expected to maintain and protect the integrity of Augusta’s
data through electronic means, including but not limited to use of
encryption, firewalls, passwords, use of separate databases for different
customers, etc., and physical means, including but not limited to limited
entry to computer centers and facilities, security systems/alarms, fire
protection, etc.
2.2.3. Vendor performs daily backups of data, documents, imagery, etc. as
entered by court personnel. Likewise, Vendor has experience in the
restoration of backups.
2.2.4. Vendor utilizes standardized Change Management practices in order to
ensure that modifications to programs do not have an adverse effect
among customers.
2.2.5. Provided that the delivery of applications is performed via web browser,
Vendor will maintain compliance with new versions of internet browsers
within a reasonable time after they are made available.
2.2.6. Vendor shall provide City with a digital copy of its data on demand, in an
easily-readable, non-proprietary format, within 48 hours of request.
2.2.7. All Vendor staff who have access to Augusta, Georgia data have been
CJIS certified in the State of Georgia and are familiar with HIPPA and
PCI compliance.
2.3. Maintenance and Support
2.3.1. Augusta, Georgia shall participate in an ongoing Maintenance and
Support Agreement, which will entitle Augusta to functionality
enhancements and usability improvements.
2.3.2. Participation in a Maintenance and Support Agreement entitles Augusta,
Georgia to the following expected level(s) of support for
application/technical issues as they arise:
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Item # 1
Augusta Judicial Circuit Proposal for ACCM
This document is 5 Point Solutions, LLC Proprietary and Confidential Information and is for use only by
Augusta Judicial Circuit
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2.3.2.1. System Down: Immediate response during regular support
hours. If after hours, then Vendor shall respond at the beginning
of the next business day.
2.3.2.2. Critical Problem of Error Message that does not affect entire
system: Two-hour response during regular support hours. If after
hours, then respond at the beginning of the next business day.
2.3.2.3. Non-Critical Problem or Error Message that does not affect entire
system: Same day response if received before 12:00 Noon, next
business day if received after Noon.
2.3.2.4. Request for Modification/Enhancement: Vendor shall review
business need and make recommendation to Augusta regarding
expectation for system modification or enhancement.
3. Georgia Open Records Act: The Vendor acknowledges that this Agreement and
certain documentation may be subject to the Georgia Open Records Act (OCGA § 50-18-
70, et seq.). Vendor shall cooperate fully in responding to such requests and shall make
all records, not exempt, available for inspection and copying as required by law. Vendor
shall clearly mark any information provided to City which Vendor contends is Proprietary
Information. Vendor shall notify City immediately of any Open Records request arising
out of this contract and shall provide to City a copy of any response to the same.
4. Time of Performance: Vendor shall use commercially reasonable efforts to complete
the services covered under and pursuant to this Agreement as directed by the City's
Project Manager by the date of project completion as described in Section 3 of the
Proposal, unless earlier terminated as provided herein, or as may be modified by mutual
written agreement. Vendor shall perform the Services expeditiously, within the term of
this Agreement, and in accordance with any schedule of services mutually acceptable to
the Parties. Delays in implementation will be subject to a Penalty, under certain
conditions, as described in Section 8 in this agreement.
5. Vendor Travel: Travel amounts for lodging and meals, and incidental expenses, for
which Augusta, Georgia may or may not be responsible depending on contract
provisions, are not to exceed one hundred eighteen dollars ($118.00) per day, the
maximum rate as determined by the US Internal Revenue Service (IRS) per IRS
Publication 1542.
6. Term and Termination
6.1. Term: The effective date of this Agreement shall be the date on which the
system enters operational use, and shall continue through December 31 of that
same year. This Agreement shall: (i) terminate absolutely and without further
obligation on the part of Augusta each and every December 31st, as required by
OCGA § 36-60-13, as amended, unless terminated earlier in accordance with the
termination provisions in this Article of this Agreement: (ii) automatically renew
on each January 1st, unless terminated in accordance with the termination
provisions of this Agreement; and (iii) terminate absolutely, with no further
renewals, on December 31, 2020, unless extended by written amendment. The
Contract Time may be extended only by written renewal approved by the
Augusta, Georgia Board of Commissioners and executed by the Augusta,
Georgia Mayor and the Vendor in accordance with the terms of this agreement.
6.2. Events of Default. Each of the following events shall constitute an “Event of
Default”:
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Item # 1
Augusta Judicial Circuit Proposal for ACCM
This document is 5 Point Solutions, LLC Proprietary and Confidential Information and is for use only by
Augusta Judicial Circuit
Page 10 of 13
6.2.1. The Vendor shall fail to observe, perform or comply with any material
term, covenant, agreement or condition of this Agreement which is to be
observed, performed or complied with by the Vendor, if such failure
continues uncured for thirty (30) calendar days after Augusta, Georgia
gives the Vendor written notice of the failure and the specific nature of
such failure.
6.2.2. The Vendor shall commit any fraud, misrepresentation, breach of
fiduciary duty, willful misconduct, or intentional breach of any provision of
this Agreement.
6.3. Termination Upon Event of Default. In addition to any other available legal or
equitable rights or remedies, upon an Event of Default by the Vendor, Augusta,
Georgia shall have the right to terminate this Agreement upon at least thirty (30)
days written notice to the Vendor.
6.4. Payment Upon Termination. Upon a termination of this Agreement, Augusta,
Georgia shall pay to the Vendor the part of the Compensation which would
otherwise be payable to the Vendor with respect to the Services which had been
adequately completed as of the date of termination, less the amount of all
previous payments with respect to the Compensation.
6.5. Termination by Vendor: Vendor may terminate this Agreement only upon the
substantial breach by Augusta, Georgia of a material provision of this Agreement
including failure to pay.
6.6. Termination for Convenience: Upon advance written notice to Vendor,
Augusta, Georgia may, without cause and without prejudice to any other right or
remedy of Vendor, elect to terminate the Agreement. In such case, Vendor shall
be paid (without duplication of any items):
6.6.1. For completed and acceptable work executed in accordance with the
terms of the agreement prior to the effective date of termination,
including fair and reasonable sums for overhead and profit on such work;
6.6.2. For expenses incurred prior to the effective date of termination in
performing services and furnishing labor, materials or equipment as
required by the contract documents in connection with uncompleted
work, plus fair and reasonable sums for overhead and profit on such
expenses;
6.6.3. For all claims, costs, losses and damages incurred in settlement of
terminated contracts with subcontractors, suppliers and others, and; for
reasonable expenses directly attributable to termination.
6.7. Termination by Either Party. In the event of termination of this Agreement by
either Augusta or the Vendor, both agree to the following:
6.7.1. If a local installation exists, Augusta shall destroy the Software
Application procured from the Vendor, together with all copies,
modifications and merged portions, or
6.7.2. If a local installation exists, return the Software Application procured from
the Vendor, together with all copies, modifications and merged portions
to Vendor, or
6.7.3. Augusta may continue to use the Software Application with the
permission of the Vendor, with no expectation of continued maintenance,
support, update, or upgrade.
Attachment number 2 \nPage 10 of 13
Item # 1
Augusta Judicial Circuit Proposal for ACCM
This document is 5 Point Solutions, LLC Proprietary and Confidential Information and is for use only by
Augusta Judicial Circuit
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6.7.4. In cases referenced according to items 6.7.1 and 6.7.2 above, Vendor
shall certify in writing that all proprietary information, data, schema, or
documentation belonging to City have either been returned to Licensee
or destroyed and vice versa.
6.8. Temporary suspension or delay of performance of contract: To the extent
that it does not alter the scope of this agreement, Augusta, Georgia may
unilaterally order a temporary stopping of the work, or delaying of the work to be
performed by Vendor under this agreement.
7. Defective Pricing: To the extent that the pricing provided by Vendor is erroneous and
defective, the parties may, by agreement, correct pricing errors to reflect the intent of the
parties.
8. Liquidated Damages:
8.1. The Vendor agrees to pay as liquidated damages to Augusta the sum of one
hundred ($100.00) for each consecutive calendar day after expiration of the
Contract Time of Completion Time, except for authorized extensions of time by
Augusta, because of delays caused by Augusta or any other delays outside of
the control of the Vendor. The total maximum sum of liquidated damages shall
not exceed the total amount of the contract as specified in the Cost Schedule.
This Section is independent of Section 6 regarding Termination for Default of
Vendor. The parties agree that these provisions for liquidated damages are not
intended to operate as penalties for breach of Contract.
8.2. The liquidated damages set forth above are not intended to compensate Augusta
for any damages other than inconvenience and loss of use or delay in services.
The existence or recovery of such liquidated damages shall not preclude
Augusta from recovering other damages in addition to the payments made
hereunder which Augusta can document as being attributable to the documented
Vendor failures. In addition to other costs that may be recouped, Augusta may
include costs of personnel and assets used to coordinate, inspect, and re-inspect
items within this Contract as well as attorney fees if applicable.
9. Specified Excuses for Delay or Non-Performance: Vendor is not responsible for delay
in performance caused by hurricanes, tornadoes, floods, and other severe and
unexpected acts of nature. In any such event, the contract price and schedule may be
equitably adjusted.
10. Termination of the Agreement for Default: Failure of the Vendor, which has not been
remedied or waived, to perform or otherwise comply with a material condition of the
Agreement shall constitute default. Augusta may terminate this contract is part or in
whole upon written notice to the Vendor pursuant to this term.
11. Termination for Convenience: Augusta may terminate this contract in part or in whole
upon written notice to the Vendor. The Vendor shall be paid for any validated services
under this Contract up to the time of termination.
12. Payment Procedures: See Section 3 of FivePoint ACCM Proposal
13. Hold Harmless: Except as otherwise provided in this agreement, Vendor shall indemnify
and hold harmless Augusta, Georgia, and its employees and agents from and against all
liabilities, claims, suits, demands, damages, losses, and expenses, including attorneys’
fees, arising out of or resulting from the performance of its Work.
14. Prohibition Against Contingent Fees: The Vendor 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
Attachment number 2 \nPage 11 of 13
Item # 1
Augusta Judicial Circuit Proposal for ACCM
This document is 5 Point Solutions, LLC Proprietary and Confidential Information and is for use only by
Augusta Judicial Circuit
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maintained by Vendor for the purpose of securing business and that the Vendor has not
received any non-City fee related to this Agreement without the prior written consent of
Augusta. For breach or violation of this warranty, Augusta, Georgia 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.
15. Governing Law and Venue: See Section 4 of FivePoint ACCM Proposal
16. Georgia Prompt Pay Act Not Applicable: The terms of this agreement supersede any
and all provisions of the Georgia Prompt Pay Act.
17. Change Order Acknowledgment: “Vendor acknowledges that this contract and any
changes to it by amendment, modification, change order or other similar document may
have required or may require the legislative authorization of the Board of Commissioners
and approval of the Mayor. Under Georgia law, Vendor is deemed to possess knowledge
concerning Augusta, Georgia's ability to assume contractual obligations and the
consequences of Vendor's provision of goods or services to Augusta, Georgia under an
unauthorized contract, amendment, modification, change order or other similar
document, including the possibility that the Vendor may be precluded from recovering
payment for such unauthorized goods or services. Accordingly, Vendor agrees that if it
provides goods or services to Augusta, Georgia under a contract that has not received
proper legislative authorization or if the Vendor provides goods or services to Augusta,
Georgia in excess of the any contractually authorized goods or services, as required by
Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any
unauthorized goods or services provided by Vendor. Vendor assumes all risk of non-
payment for the provision of any unauthorized goods or services to Augusta, Georgia,
and it waives all claims to payment or to other remedies for the provision of any
unauthorized goods or services to Augusta, Georgia, however characterized, including,
without limitation, all remedies at law or equity." This acknowledgement shall be a
mandatory provision in all Augusta, Georgia contracts for goods and services, except
revenue producing contracts.
18. E-Verify Requirements: All contractors and subcontractors entering into contracts with
Augusta, Georgia for the physical performance of services shall be required to execute
an Affidavit verifying its compliance with OCGA § 13-10-91, stating affirmatively that the
individual, firm, or corporation which is contracting with Augusta, Georgia has registered
with and is participating in a federal work authorization program. All contractors and
subcontractors must provide their E-Verify number and must be in compliance with the
electronic verification of work authorized programs operated by the United States
Department of Homeland Security or any equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information of
newly hired employees, pursuant to the Immigration Reform and Control Act of 1986
(IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines
established in OCGA § 13-10-91 and shall continue to use the federal authorization
program throughout the contract term. All contractors shall further agree that, should it
employ or contract with any subcontractor(s) in connection with the physical performance
of services pursuant to its contract with Augusta, Georgia the contractor will secure from
such subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of
compliance with OCGA § 13-10-91 on the subcontractor affidavit provided in Rule 300-
10-01-.08 or a substantially similar form. All contractors shall further agree to maintain
records of such compliance and provide a copy of each such verification to Augusta,
Georgia at the time the subcontractor(s) is retained to perform such physical services.
19. Right to Inspect Premises: Augusta, Georgia may, at reasonable times, inspect the
part of the plant, place of business, or work site of Vendor or any subcontractor of Vendor
Attachment number 2 \nPage 12 of 13
Item # 1
Augusta Judicial Circuit Proposal for ACCM
This document is 5 Point Solutions, LLC Proprietary and Confidential Information and is for use only by
Augusta Judicial Circuit
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or subunit thereof which is pertinent to the performance of any contract awarded or to be
awarded by Augusta, Georgia.
20. Local Small Business Language: In accordance with Chapter 10B of the AUGUSTA,
GA. CODE, Contractor expressly agrees to collect and maintain all records necessary to
for Augusta, Georgia to evaluate the effectiveness of its Local Small Business
Opportunity Program and to make such records available to Augusta, Georgia. The
requirements of the Local Small Business Opportunity Program can be found at
www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-129(d)(7), for all
contracts where a local small business goal has been established, the contractor is
required to provide local small business utilization reports. Contractor shall report to
Augusta, Georgia the total dollars paid to each local small business on each contract,
and shall provide such payment affidavits, regarding payment to subcontractors as may
be requested by Augusta, Georgia. Such documents shall be in the format specified by
the Director of minority and small business opportunities, and shall be submitted at such
times as required by Augusta, Georgia. Failure to provide such reports within the time
period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the
remedies set forth, including but not limited to, withholding payment from the contractor
and/or collecting liquidated damages.
Attachment number 2 \nPage 13 of 13
Item # 1
Public Safety Committee Meeting
12/9/2013 1:00 PM
Automatic Vehicle Location (AVL) from New World
Department:Information Technology
Caption:Approve Additional Software License Agreements with New
World Systems for AVL, Mobile, and Data Analysis and Mapping
Capability.
Background:New World software is used at the Richmond County Sheriff’s
Office (RCSO), E911, and the Fire Department. Augusta is
currently implementing the Microsoft Product (MSP) of the New
World Aegis software. As part of this implementation, Sheriff’s
Office personnel have been evaluating the modules that we
currently own and use, and they have determined that the
Automatic Vehicle Locator (AVL) software would be a
worthwhile addition to the suite of tools that the RCSO has at the
disposal. Additionally, they are swapping one module for another
(at no cost) so that more licenses are acquired for Data Analysis
and Mapping (DAM).
Analysis:At the time that the Standard Software Subscription Agreement
(SSSA) was signed in 2012, the RCSO did not plan to use
Automatic Vehicle Location (AVL). Now, due to the desire of the
RCSO to implement more progressive and flexible policing
techniques, AVL has become a necessary component of their
future plans. AVL is essentially using Global Positioning Systems
(GPS) installed on a police car, with the location coordinates
being transmitted back to the New World software so that the
car’s location can be viewed on a computer. AVL will serve two
critical purposes: 911 personnel will know where RCSO patrol
cars are located at any point in time, so that the nearest vehicle can
be dispatched to an incident, and supervisors at the RCSO will be
able to coordinate activities when multiple deputies are needed in
an emergency. AVL will also help the RCSO to shift assets so that
protection can be maximized with the resources that are available.
The Additional Software License Agreement for these new
modules will become part of the existing Standard Software
Subscription Agreement that Augusta maintains with New World
Systems.
Cover Memo
Item # 2
Financial Impact:The cost of implementation, licensing, and travel should not
exceed $94,000. The licensing and implementation cost is
$92,567, and New World estimates $1,500. The overall change in
our annual maintenance with New World Systems would be an
increase of $18,750 per year.
Alternatives:N/A
Recommendation:Approve Additional Software License Agreements with New
World Systems for AVL, Mobile, and Data Analysis and Mapping
Capability
Funds are Available
in the Following
Accounts:
The annual maintenance for AVL will come from the Information
Technology Department Operating Budget (repairs and
maintenance – 101015410.5223110), as does the maintenance for
all of the other modules used by the RCSO. The cost for
implementation, licensing, and travel would be paid for from the
Richmond County Sheriff’s Office State Drug Forfeitures account.
REVIEWED AND APPROVED BY:
Procurement.
Information Technology.
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 2
Document #: 0400-13A2C
Mr. Mike Blanchard
Richmond County / Augusta
530 Greene Street
Augusta, GA 30901
Dear Mr. Blanchard:
NEW WORLD SYSTEMS® CORPORATION RICHMOND COUNTY / AUGUSTA, GA
(New World)(Customer)
By: ________________________________By: ________________________________
Larry D. Leinweber, President Authorized Signature Title
By: ________________________________
Authorized Signature Title
Date: ________________________________Date: ________________________________
We thank you for your continued business with New World Systems. We look forward to working on this project
with you.
ACKNOWLEDGED AND AGREED TO BY:
Each individual signing above represents that (s)he has the requisite authority to execute this Agreement on
behalf of the organization for which (s)he represents and that all the necessary formalities have been met.
PRICING VALID FOR 30 DAYS FROM DATE REFERENCED ABOVE.
The “Effective Date” of this Agreement is the latter of the two dates in the above signature block.
October 10, 2013
ADDITIONAL SOFTWARE LICENSE AGREEMENT
The attached forms (Exhibit AA and Proposal Summary dated 10/10/2013) are to be reviewed and approved by
you and/or your authorized representative. They describe the additional software and services you have
requested along with the related fees.
Other than for the purposes of internal review, we ask that you treat our fees as confidential information. This is
due to the competitive nature of our business.
The General Terms and Conditions from our original License Agreement are incorporated and continue to
apply. Any taxes or fees imposed from the course of this Agreement are the responsibility of the Customer.
New World Systems agrees to provide the software changes per your request as reflected in the attached
Proposal Summary.
0400-13A2C 1010 swap for DA&M
Corporate: 888 West Big Beaver Road, Suite 600, Troy, Michigan 48084-4749 248-269-1000 www.newworldsystems.com
Page 1
Attachment number 1 \nPage 1 of 4
Item # 2
I.Total Costs Summary: Licensed Standard Software and Implementation Services
DESCRIPTION OF COST COST
A.LICENSED STANDARD SOFTWARE as further detailed in the Proposal Summary $0
B.IMPLEMENTATION AND TRAINING SERVICES as further described in the Proposal
Summary
0
ONE TIME PROJECT COST:$0
II.Payments for Licensed Standard Software and Implementation Services
DESCRIPTION OF PAYMENT COST
A.ONE TIME PROJECT PAYMENT:
1. Amount due upon the Effective Date (100%)$0
ONE TIME PROJECT PAYMENT:$0
III.Standard Software Subscription Services $1,551
Standard Software Subscription Agreement (SSSA) fees to remain unchanged.
EXHIBIT AA
TOTAL COST SUMMARY AND PAYMENT SCHEDULE
ALL PAYMENTS ARE DUE WITHIN FIFTEEN (15) DAYS FROM RECEIPT OF INVOICE
0400-13A2C 1010 swap for DA&M
NEW WORLD SYSTEMS' Aegis PUBLIC SAFETY SOFTWARE
CONFIDENTIAL AND PROPRIETARY Page 2
Attachment number 1 \nPage 2 of 4
Item # 2
A.STANDARD APPLICATION SOFTWARE 1,2,3,4
INVESTMENT
DELETED STANDARD SOFTWARE
CAD
1.Additional Aegis CAD Enterprise.NET Software for Computer Aided Dispatch 5
- Ad Hoc Reporting and Mapping for CAD Enterprise $14,000 ($9,691)($4,309)
ADDED STANDARD SOFTWARE
CORRECTIONS
2.Additional Aegis/MSP Software for Corrections Management
- Data Analysis/Crime Mapping/Management Reporting6 14,000
TOTAL SOFTWARE LICENSE FEE 7,8 $0
B.
INVESTMENT
IMPLEMENTATION SERVICES
TOTAL IMPLEMENTATION SERVICES $0
TOTAL ONE TIME COST $0
Corrections Data Analysis/Crime Mapping Mangagement Reporting module will be implemented in place of
the CAD AdHoc Reporting module in the Customer's current Windows upgrade agreement dated 2/29/12.
ITEM
RICHMOND COUNTY / AUGUSTA, GA
Proposal Summary
October 10, 2013
IMPLEMENTATION SERVICES
DESCRIPTIONITEM
DESCRIPTION
0400-13A2C 1010 swap for DA&M
______________________________
Richmond County / Augusta, GA Proposal Summary
NEW WORLD SYSTEMS' Aegis PUBLIC SAFETY SOFTWARE
CONFIDENTIAL AND PROPRIETARY Page 3
Attachment number 1 \nPage 3 of 4
Item # 2
C.SUBSCRIPTION FEES
INVESTMENT
1.
1
2
3
4
5
6
7
8
Annual SSSA to remain unchanged.
Application may require a separate Server.
Does not include any required 3rd party hardware or software unless specified in Section C of this proposal. Customer is
responsible for any 3rd party support.
New World recommends a 100/1000MB (GB) Ethernet network for the local area network. Wide area network requirements
vary based on system configuration, New World will provide further consultation for this environment.
Prices assume that all software is licensed. Prices are quoted as preliminary estimates only and are subject to further
clarification and confirmation.
PRICING VALID FOR 30 DAYS FROM DATE REFERENCED ABOVE.
MSP ENDNOTES
Personal Computers must meet the minimum hardware requirements for New World Systems' Aegis products. Microsoft
Windows XP or later is required for all client machines. Windows 2003/2008Server and SQL Server 2005/2008 are required
for the Application and Database Server(s).
New World Systems' Aegis product requires Microsoft Excel or Windows Search 4.0 for document searching functionality;
Microsoft Word is required on the application server for report formatting.
New World Systems' Aegis product requires Microsoft Windows 2003/2008 Server and SQL Server 2005/2008 including
required Client Access Licenses (CALs) for applicable Microsoft products. Servers must meet minimum hardware
requirements provided by New World Systems.
DESCRIPTIONITEM
COMBINED STANDARD SOFTWARE SUBSCRIPTION AGREEMENT (SSSA) (Per Year Cost)
Licensed Software, and third party software embedded therein, if any, will be delivered in a machine readable form to
Customer via an agreed upon network connection. Any taxes or fees imposed are the responsibility of the purchaser and will
be remitted when imposed.
0400-13A2C 1010 swap for DA&M
______________________________
Richmond County / Augusta, GA Proposal Summary
NEW WORLD SYSTEMS' Aegis PUBLIC SAFETY SOFTWARE
CONFIDENTIAL AND PROPRIETARY Page 4
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Document #: 0400-13A3E
Mr. Mike Blanchard
Richmond County / Augusta
530 Greene Street
Augusta, GA 30901
Dear Mr. Blanchard:
NEW WORLD SYSTEMS® CORPORATION AUGUSTA / RICHMOND COUNTY, GA
(New World)(Customer)
By: ________________________________By: ________________________________
Larry D. Leinweber, President Authorized Signature Title
By: ________________________________
Authorized Signature Title
Date: ________________________________Date: ________________________________
We thank you for your continued business with New World Systems. We look forward to working on this project
with you.
ACKNOWLEDGED AND AGREED TO BY:
Each individual signing above represents that (s)he has the requisite authority to execute this Agreement on
behalf of the organization for which (s)he represents and that all the necessary formalities have been met.
PRICING VALID FOR 30 DAYS FROM DATE REFERENCED ABOVE.
The “Effective Date” of this Agreement is the latter of the two dates in the above signature block.
November 25, 2013
ADDITIONAL SOFTWARE LICENSE AGREEMENT
The attached forms (Exhibit AA and Proposal Summary dated 11/25/2013) are to be reviewed and approved by
you and/or your authorized representative. They describe the additional software and services you have
requested along with the related fees.
Other than for the purposes of internal review, we ask that you treat our fees as confidential information. This is
due to the competitive nature of our business.
The General Terms and Conditions from our original License Agreement are incorporated and continue to
apply. Any taxes or fees imposed from the course of this Agreement are the responsibility of the Customer.
New World Systems agrees to provide the software changes per your request as reflected in the attached
Proposal Summary.
0400-13A3E 1125 Mobile Swap
Corporate: 888 West Big Beaver Road, Suite 600, Troy, Michigan 48084-4749 248-269-1000 www.newworldsystems.com
Page 1
Attachment number 3 \nPage 1 of 5
Item # 2
I.Total Costs Summary: Licensed Standard Software, Implementation Services, and Third Party Products
DESCRIPTION OF COST COST
A.LICENSED STANDARD SOFTWARE as further detailed in the Proposal Summary $36,467
B.IMPLEMENTATION AND TRAINING SERVICES as further described in the Proposal
Summary
6,600
C.THIRD PARTY SERVICES as further described in the Proposal Summary 49,500
ONE TIME PROJECT COST:$92,567
D.TRAVEL EXPENSES (Estimate)$1,500
II.Payments for Licensed Standard Software, Implementation Services, and Third Party Products
DESCRIPTION OF PAYMENT COST
A.ONE TIME PROJECT PAYMENT:
1. Amount due upon the Effective Date (100%)$92,567
ONE TIME PROJECT PAYMENT:$92,567
B.TRAVEL EXPENSES (Estimate)$1,500
1. 1 trip is anticipated, to be billed at actual cost for reasonable expenses incurred for
airfare, rental car, lodging, tolls, mileage, and daily per diem expenses. All travel costs
will be billed weekly for services provided in the previous calendar week.
III.Standard Software Maintenance Services $18,750
Standard Software Maintenance Agreement (SSMA)fees for the software listed on the
attached proposal will be added to Customer's current Annual Subscription Costs and
will commence with the Year 3 payment on 01/01/14.The Annual Subscription
payments for Years 3 through 10 of the Subscription Agreement will now be as follows:
(Note Subscription Costs above include SSMA for additional modules added in
agreement dated 8/2/13.)
EXHIBIT AA
TOTAL COST SUMMARY AND PAYMENT SCHEDULE
ALL PAYMENTS ARE DUE WITHIN FIFTEEN (15) DAYS FROM RECEIPT OF INVOICE
Annual Subscription Cost (Years 3 - 10, Billed annually and due on January 1st of each year)
Year 3 for period 01/01/14 - 12/31/14 $399,510
Year 4 for period 01/01/15 - 12/31/15 $399,510
Year 5 for period 01/01/16 - 12/31/16 $399,510
Year 6 for period 01/01/17 - 12/31/17 $442,124
Year 7 for period 01/01/18 - 12/31/18 $442,124
Year 8 for period 01/01/19 - 12/31/19 $463,431
Year 9 for period 01/01/20 - 12/31/20 $463,431
Year 10 for period 01/01/21 - 12/31/21 $490,065
0400-13A3E 1125 Mobile Swap
NEW WORLD SYSTEMS' Aegis PUBLIC SAFETY SOFTWARE
CONFIDENTIAL AND PROPRIETARY Page 2
Attachment number 3 \nPage 2 of 5
Item # 2
A.STANDARD APPLICATION SOFTWARE 1,2,3,4
INVESTMENT
DELETED STANDARD SOFTWARE
CLIENT SOFTWARE
1.Aegis® Law Enforcement Mobile Unit Software
Field-Based Reporting (225 Units)
LE Accident Field Reporting
The following New World Report is included:
- Accident (1 form)
(69,387)
LE Accident Field Reporting Compliance (20,846)
ADDED STANDARD SOFTWARE
MOBILE SOFTWARE
MOBILE SOFTWARE ON THE RS/6000 5
2.13,000
3.
- AVL Interface (Upgrade from 50 to 300 units) 6 15,000
MOBILE SOFTWARE ON THE MSP Server
4.Aegis® Mobile Integration Software
- AVL CAD Interface (Upgrade from 50 to 300 units) 6 15,000
CLIENT SOFTWARE
5.Aegis® Law Enforcement Mobile Unit Software
Mobile Messaging
In-Car Mapping (220 units)$400 ea.$88,000
New World AVL (220 units)$300 ea.$66,000
TOTAL SOFTWARE LICENSE FEE 7,8 $36,467
Base Message Switch to State/NCIC (Upgrade from 300 to 500 units)
- Base Message Switch for MDT/MCT
- State/NCIC Interface
AUGUSTA / RICHMOND COUNTY, GA
Proposal Summary
November 25, 2013
DESCRIPTIONITEM
Additional Aegis® Software for RS/6000 Message Switch
0400-13A3E 1125 Mobile Swap
______________________________
Augusta / Richmond County, GA Proposal Summary
NEW WORLD SYSTEMS' Aegis PUBLIC SAFETY SOFTWARE
CONFIDENTIAL AND PROPRIETARY Page 3
Attachment number 3 \nPage 3 of 5
Item # 2
B.
INVESTMENT
IMPLEMENTATION SERVICES
1.6,600
$6,600
C.
1.THIRD PARTY PRODUCTS AND SERVICES
THIRD PARTY SOFTWARE
a. GIS Software 11 33,000
Mobile
- Mobile In-Car Mapping (220 units)150 ea.33,000
THIRD PARTY HARDWARE
b. Hardware, System Software & Services 16,500
AVL Hardware - permanent mount (220 units)75 ea.16,500
$49,500
TOTAL IMPLEMENTATION AND THIRD PARTY PRODUCTS AND SERVICES $56,100
TOTAL ONE TIME COST $92,567
D.MAINTENANCE
INVESTMENT
1.$18,750
E.TRAVEL AND LIVING EXPENSES (Estimate)
INVESTMENT
1.TRAVEL AND LIVING EXPENSES (Estimate)
Estimated 1 trip at $1,500 per trip.$1,500
IMPLEMENTATION SERVICES 9
ITEM DESCRIPTION
TOTAL THIRD PARTY PRODUCTS AND SERVICES
ITEM
TOTAL IMPLEMENTATION SERVICES
THIRD PARTY PRODUCTS AND SERVICES 10
COMBINED STANDARD SOFTWARE MAINTENANCE AGREEMENT (SSMA) (Per Year Cost)
ITEM
Up to 5 days of Implementation and Training Services are included for:
- Software Tailoring and Set Up
- User Education and Training
- Other Technical Support
- Travel Time Included
* Assumes train-the-trainer approach
DESCRIPTION
DESCRIPTION
PRICING VALID FOR 30 DAYS FROM DATE REFERENCED ABOVE.
0400-13A3E 1125 Mobile Swap
______________________________
Augusta / Richmond County, GA Proposal Summary
NEW WORLD SYSTEMS' Aegis PUBLIC SAFETY SOFTWARE
CONFIDENTIAL AND PROPRIETARY Page 4
Attachment number 3 \nPage 4 of 5
Item # 2
1
2
3
4
5
6
7
8
9
10
11
Currently supporting Motorola, Data Radio (DMP & IP), CDPD, EDACS, CDMA, GPRS, 802.11, Sprint EVDO, NetMotion and
Electrocom Mobile Communication solutions only.
New World Systems' Aegis product requires Microsoft Windows 2003/2008 Server and SQL Server 2005/2008 including
required Client Access Licenses (CALs) for applicable Microsoft products. Servers must meet minimum hardware
requirements provided by New World Systems.
New World recommends a 100/1000MB (GB) Ethernet network for the local area network. Wide area network requirements
vary based on system configuration, New World will provide further consultation for this environment.
New World Systems' Aegis product requires Microsoft Excel or Windows Search 4.0 for document searching functionality;
Microsoft Word is required on the application server for report formatting.
Prices assume that all software is licensed.
MSP ENDNOTES
Personal Computers must meet the minimum hardware requirements for New World Systems' Aegis products. Microsoft
Windows XP or later is required for all client machines. Windows 2003/2008Server and SQL Server 2005/2008 are required
for the Application and Database Server(s).
Licensed Software, and third party software embedded therein, if any, will be delivered in a machine readable form to
Customer via an agreed upon network connection. Any taxes or fees imposed are the responsibility of the purchaser and will
be remitted when imposed.
All Aegis/MSP Customers are required to use ESRI's ArcGIS Suite to maintain GIS data. All maintenance, training and on-
going support of this product will be contracted with and conducted by ESRI. Maintenance for ESRI's ArcGIS suite of
products that are used for maintaining Customer's GIS data will be contracted by Customer separately with ESRI.
Requires 3rd party GPS hardware.
Customer is responsible for any ongoing annual maintenance on third party products, and is advised to contact the third party
vendor to ensure understanding of and compliance with all maintenance requirements.
Travel and expenses are described in Section IIB of Exhibit AA.
0400-13A3E 1125 Mobile Swap
______________________________
Augusta / Richmond County, GA Proposal Summary
NEW WORLD SYSTEMS' Aegis PUBLIC SAFETY SOFTWARE
CONFIDENTIAL AND PROPRIETARY Page 5
Attachment number 3 \nPage 5 of 5
Item # 2
Public Safety Committee Meeting
12/9/2013 1:00 PM
Broadband Asset Reallocation
Department:Information Technology
Caption:Approve reallocation of Augusta’s Broadband assets.
Background:In 2006, Governor Perdue established a program to identify
communities where opportunities existed to improve government
services through the deployment of broadband networks. Funds
were appropriated by the General Assembly and Augusta was
selected to participate in the program. The Georgia Technology
Authority (GTA) established Wireless Communities Georgia
(WCG) to manage project expectations and verify service
delivery. A major focus of the grant was the establishment of a
self-sustaining network. Augusta completed a Request for
Proposal (RFP) and selected Gibson Technology Services (GTS)
as a partner to deploy and operate the network. For five (5) years
the network has operated, as designed, without any financial
contribution from Augusta to the network operator. These services
were performed at no cost to the City of Augusta. Many changes
have occurred in the broadband market since the installation of
Augusta’s Broadband Network. Consumer expectations have
changed regarding bandwidth and connection speed, additional
carrier networks have been installed, and the availability of high-
speed low cost cellular options have reduced network utilization to
the point that GTS is no longer able to operate the network cost
effectively. On September 11, 2013 GTS terminated their contract
with Augusta (see attached letter of termination). All individuals
currently paying for service on the network are customers of GTS
and not Augusta. Due to GTS's desire to no longer operate the
network it will be their responsibility to perform any notifications.
To verify that the previously mentioned conditions would prevent
any other potential network operator from taking over network
operations, Information Technology, (IT) released RFP # 13-191.
As expected, no potential network operators responded.
Analysis:IT recommends reallocation of the broadband assets to areas
where current wireless networks are in use and providing wireless
coverage for Augusta citizens. These areas include but are not
limited to the Augusta Commons and Diamond Lakes. In addition
to reallocating these assets to provide additional coverage and
Cover Memo
Item # 3
increase footprint they can also be used to replace any equipment
that is damages during storms and fails due to age. Retaining some
access points (AP) will allow IT to continue operating existing
exterior wireless networks since this equipment is past end of life
and is no longer produced.
Financial Impact:The only cost associated would be for the relocation of assets.
Alternatives:Pay GTS $72,000 annually to continue network operations in its
current configuration.
Recommendation:Approve reallocation of Augusta’s Broadband assets.
Funds are Available
in the Following
Accounts:
NA
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 3
Attachment number 1 \nPage 1 of 2
Item # 3
Attachment number 1 \nPage 2 of 2
Item # 3
RFP 13-191 Augusta Broadband Services
Page 1 of 40
Request for Proposals
RFP Item #13-191
Augusta Broadband Services
For
Augusta, Georgia – Information Technology Departments
RFP Due: Wednesday, October 16, 2013 @ 11:00 A.M.
Augusta, Georgia does not have a race or gender conscious Disadvantaged Business Enterprise (DBE) program
for projects having Augusta, Georgia as the source of funding. Augusta does enforce mandatory DBE
requirements of federal and state agencies on contracts funded by such agencies and has a DBE Program to
comply with U.S. Department of Transportation (DOT), Federal Transit Administration (FTA), Federal Aviation
Administration (FAA) and other federal and state mandated DBE requirements for certain DOT, FTA, FAA, and
other federal and state assisted contracts as required by 49 C.F.R. Part 26, et. seq. and/or 49 C.F.R. Part 23, et.
seq. This DBE program is only for DOT, FTA and FAA assisted contracts and other federal or state funded
contracts having mandatory DBE requirements. (See Article 13 of the Augusta, GA Code.
Augusta, Georgia prohibits any language in any solicitation, bid or contract that is inconsistent with the July 21,
2011 Court Order in the case, Thompson Wrecking, Inc. v. Augusta Georgia, civil action o. 1:07-CV-019 . Any
such language appearing in any Augusta, Georgia solicitation, bid or contract is void and unenforceable.
A copy of this Order can be reviewed at www.augustaga.gov home page.
One Original and seven (7) copies of RFP shall be submitted in response to this Request for Proposal
Thanks for doing business with us . . .
Geri A. Sams, Procurement Director
530 Greene Street, Room 605
Augusta, Georgia 30901
Rev. 2/05/2013
Attachment number 2 \nPage 1 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 2 of 40
Table of Contents
Information Regarding the Consent Order and Judgment
Request for Proposal
Instruction to Submit
Purpose
How to Prepare Proposals
How to Submit Proposals
Augusta Georgia Code Sealed Proposal Selection Method
Procurement Protests
Failure to Submit
Standards for Acceptance of Proposal for Award Contract
Proposal/Proponent
Compliance with Laws
Termination of Contract
Terms of Contract
Reporting of Anti-Competitive Practices to State
Augusta Georgia Invoices
Viewing of the Augusta Code
Qualifications of Contractor & Subcontractors
General Conditions
Specifications
Prices to be Firm
Completeness
Default Provision
Request for proposals
Sealed Proposals
Letting the Contract
Local Vendor Preference
Minority/Women Business Enterprise (MWBE) Policy
Qualified Vendor
Compliance with Specifications
Signed Bid/RFP Considered Offer
Notice to Proceed
Interpretation of Bid/Proposal
Employment Eligibility Verification & Systematic Alien Verification for Entitlements
Special Conditions
Augusta Georgia’s Right to Amend Solicitation or Awards
Bonds
Augusta Georgia License Requirement
Warranty Requirements
Terms of Contract
Use of Augusta Georgia Landfill
Notice to All Bidders Required to be returned with your submittal. Both documents must be notarized
Attachment B Return all 3 pages Systematic Alien Verification for Entitlements (SAVE) Program
Exception Sheet
Subcontractor Affidavit
Non-Collusion Affidavit of Subcontractor
Local Small Business Opportunity Program Ordinance Requirements
Local Small Business Opportunities Program Participation (Projects $100,000 or more)
Forms required to be returned in a separate sealed envelope, when applicable
Attachment number 2 \nPage 2 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 3 of 40
AUGUSTA, GEORGIA
OFFICE OF THE PROCUREMENT DIRECTOR
530 GREENE STREET, SUITE 605
AUGUSTA, GEORGIA 30901
(706) 821-2422
www.augustaga.gov
DATE: September 9, 2013 RFP NO. 13-191
SUBJECT: Information Regarding the Consent Order and Judgment Approving Settlement
and Modifying Injunction
Please be advised that Augusta, Georgia is under a consent order and judgment approving settlement
and modifying injunction. The below excerpt is from the Consent Order dated July 21, 2011 as stated by:
The Honorable B. Avant Edenfield, Judge, United States District Judge, Southern District of
Georgia
Consent Order and Judgment Approving Settlement and Modifying Injunction
It appearing to the Court that the parties Plaintiff Thompson Building Wrecking Company, Inc.
and Defendant Augusta, Georgia have reached a settlement of the remaining issues pending in
this Court, the same is hereby approved. Pursuant to such settlement, and for good cause
shown, the preliminary injunction entered by this Court on March 14, 2007, made permanent by
the Court on November 13, 2007, shall be and is hereby vacated, and replaced with the following
injunction:
Augusta, Georgia is hereby ENJOINED from evaluating or awarding bids or other contracts on
the basis of the bidder's status as a Disadvantaged Business Enterprises ("DBE") or Minority
Business Enterprises ("MBE") (or any other entity that qualifies as a DBE or MBE based on the
racial composition of its ownership).
This prohibition does not apply to DBE or MBE requirements imposed by state or federal laws,
regulations, agencies, or grant agreements.
This prohibition also does not bar Augusta from enacting a prospective, narrowly tailored DBE or
MBE program or policy as permitted under rulings of the United States Supreme Court.
Augusta shall be free to conduct such studies as may be necessary to support a future DBE or
MBE program or policy that complies with the above exceptions. Before Augusta may enact such
a program or policy it must notify electronically or by U.S. mail all businesses on the then-current
vendor list and constructively notify the public via a reasonably visible hyperlink on its homepage
entitled "Proposed Legislation Enacting Disadvantaged Business Enterprise or Minority Business
Enterprise Program." On this vendor list, Augusta must maintain the contact information provided
by any businesses or individuals who have expressed an interest in contracting with Augusta, by
registering their business information with the Department of Procurement, for 36-months. The
notice on Augusta's website must include the text of its intended legislation and the related
Disparity Study. Before Augusta may enact such a program or policy it must also provide the
public an opportunity to be heard at an open meeting of the Augusta, Georgia Commission, to
take place no sooner than thirty days after the vendor list notification has taken place. Augusta
may rely upon the contact information that interested parties supplied Augusta when they
registered with the Department of Procurement in providing electronic or mailed notice.
Attachment number 2 \nPage 3 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 4 of 40
Augusta shall, within 3 days of the date of this Order, post a copy of this Order, and the Court's
March 14, 2007 Order, in portable document format ('PDF") on Augusta's homepage via a
reasonably visible hyperlink entitled "Court Order Enjoining Local DBE Program."
This injunction is binding upon Augusta's officers, agents, servants, employees, and attorneys,
and upon those persons in active concert or participation with it who receive actual notice of this
injunction by personal service or otherwise. See Fed. R. Civ. P. 65(d). This 21 day of July, 2011
You may review this Order in its entirety at www.augustaga.gov homepage or click on departments go to
the Procurement Department; go to Quick Link; click on hyperlink entitled "Court Order Enjoining Local
DBE Program"; click on either Court Order Enjoining Local DBE Program (7/21/2011) or Court Order
Enjoining Local DBE Program (2007).
In addition, this letter extends to your Firm an invitation to submit a Bid/RFP/RFQ to supply the Augusta,
Georgia with equipment, supplies, and/or services as indicated above. Instructions for preparation and
submission of a Bid/RFP/RFQ are contained in the attached packet. Any changes to the conditions and
specifications must be in the form of a written addendum to be valid; therefore, Augusta, Georgia will
issue a written addendum to document all approved changes.
Doing business with Augusta has become easier! The ARCBid link, which is located on the Procurement
Department’s website at www.augustaga.gov, enables you to view current and past public bid information
online. Should you have any questions concerning the bid documents, or need additional information,
you may contact a member of the Bid and Contract Team directly @ 706 821-2422. A request for bid
documents must be faxed to 706 821-2811 or emailed to procbidandcontract@augustaga.gov.
Your continued interest in doing business with us is appreciated.
Sincerely yours,
Geri Sams
Geri A. Sams
Procurement Director
Rev. 08/15/2011
Scan this QR code with your
smartphone or camera equipped
tablet to visit the Augusta, Georgia
Procurement Department website.
Attachment number 2 \nPage 4 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 5 of 40
REQUEST FOR PROPOSAL
Request for Proposals will be received at this office until Wednesday, October 16, 2013 @ 11:00 a.m. for
furnishing:
RFP Item #13-191 Augusta Broadband Services for Information Technology Department
RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices
of:
Geri A. Sams, Director
Augusta Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department
ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department,
530 Greene Street – Room 605, Augusta, GA 30901.
All questions must be submitted in writing by fax to 706 821-2811 or by email to
procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday,
October 4, 2013 @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand
delivered.
No RFP may be withdrawn for a period of 90 days after time has been called on the date of opening.
Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and
shall include specifications prepared in accordance with Article 4 (Product Specifications), and all
contractual terms and conditions, applicable to the procurement. All specific requirements contained
in the request for proposal including, but not limited to, the number of copies needed, the timing
of the submission, the required financial data, and any other requirements designated by the
Procurement Department are considered material conditions of the bid which are not waiveable or
modifiable by the Procurement Director. All requests to waive or modify any such material condition
shall be submitted through the Procurement Director to the appropriate committee of the Augusta,
Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on
the outside of the envelope.
Proponents are cautioned that acquisition of RFP documents through any source other than the office of
the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources
places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his
qualifications.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle September 12, 19, 26, October 3, 2013
Metro Courier September 18, 2013
cc: Tameka Allen Deputy Administrator
Gary Hewitt Information Technology Department
Kevin Luce Information Technology Department
Revised: 8/15/2011
Attachment number 2 \nPage 5 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 6 of 40
RFP Item 13-191 Augusta Broadband Service
Due Date: Wednesday, October 16, 2013 @ 11:00 A.M.
INSTRUCTIONS TO SUBMIT
1.1 Purpose: The purpose of this document is to provide general and specific information for use by
vendors in submitting a bid to supply Augusta, Georgia with equipment, supplies, and or services
as listed above. All proposals are governed by the Augusta, Georgia Code.
1.2 How to Prepare Proposals: All proposals shall be:
(A) Prepared on the forms enclosed herewith, unless otherwise prescribed.
(B) Typewritten or completed with pen and ink, signed by the vendor or his authorized
representative, with all erasures or corrections initialed and dated by the official signing the
proposal. Proponents are encouraged to review carefully all provisions and attachments of this
document prior to completion. Each proposal constitutes an offer and may not be withdrawn
except as provided herein. Also, prices are to remain firm for the period stated herein.
1.3 How to Submit Proposals: All proposals shall be:
(A) Submitted in sealed opaque envelope, plainly marked with the RFP number and equipment,
supply and/or service description listed above.
(B) Mailed or delivered as follows in sufficient time to ensure receipt by the Procurement Director
on or before the date and time specified above.
(a) Mailing Address: Geri A. Sams, Procurement Director
530 Greene Street – Suite 605
Augusta, Georgia 30901
(b) Hand Delivery Address: Geri A. Sams, Procurement Director
Procurement Department – 6th Floor of the Municipal Building
Suite 605 - Augusta, Georgia
(c) RFPs not received by the time and date specified in the first paragraph of
the letter will not be opened.
1.4 The requirements of Sec. 1-10-50 of the Augusta, Georgia Code shall be applicable to this
RFP.
All specific requirements contained in the proposal including, but not limited to, the number of
copies needed, the timing of the submission, the required financial data, and any other
requirements designated by the Procurement Department are considered material conditions of
the proposal which are not waiveable or modifiable by the Procurement Director. All requests to
waive or modify any such material condition shall be submitted through the Procurement Director
to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta,
Georgia Commission.
Augusta’s invitation to bid shall include specifications prepared in accordance with 49 CFR Part
18.36, NFPA 414 (2007 edition), NFPA 1901, (2009 edition).
1.5 Procurement Protests:
(A) Right to Protest. Any actual or prospective Proponent offeror, or contractor who is aggrieved
in connection with the solicitation or award of a contract may protest to the Procurement Director.
(B) Filing of protest. Protests shall be made in writing to the Procurement Director and shall be
filed in within five (5) business days after the protestor knows or should have known of the facts
giving rise thereto. A protest is considered filed when received by the Procurement Department.
Protests filed after the five (5) day period shall not be considered and are deemed a failure
on the part of the protestor to exhaust administrative remedies.
Subject of Protest. Protestors may file a protest on any phase of solicitation or award
including but not limited to specifications preparation, bid solicitation, award, or disclosure
of information marked confidential in the bid or offer.
To expedite handling of protests, the written protest shall include as a minimum the
following:
(1) the name and address of the protestor;
(2) appropriate identification of the procurement, and, if a contract has been awarded, its
number;
(3) a statement of reasons for the protest; and
Attachment number 2 \nPage 6 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 7 of 40
(4) supporting exhibits, evidence, or documents to substantiate any claims unless not
available within the filing time in which case the expected availability date shall be
indicated.
(C) Stay of Procurements during Protests or Appeals. In the event of a timely protest under
section 1-10-82 of this Article, the Procurement Director shall not proceed further with the
solicitation or with the award of the contract unless the Administrator, after consultation with the
head of the using agency and General Counsel, makes determination that the award of the
contract without delay is necessary to protect substantial interests of Augusta, Georgia. Such a
determination may be made orally in a Committee Meeting, a Commission Meeting or may be
provided to the protestor in writing. (See Article 9 of Augusta, Georgia Code)
1.6 Failure to Submit: If a proposal is not submitted, vendor should return RFP sheets, stating
reason therefore, and indicate whether their business should be retained or removed from
Augusta, Georgia’s vendor’s list. The outside of the envelope should clearly be marked “No
Response”.
1.7 The requirements of Sec. 1-10-50(h) shall apply to this RFP. Errors in Proposals: Proponents
or their authorized representatives are expected to fully inform themselves as to the conditions,
requirements and specifications before submitting proposals. Failure to do so will be at the
Proponent’s own risk. In case of error in extension of prices in the proposal, the unit prices shall
govern.
Correction or withdrawal of proposals. Correction or withdrawal of inadvertently erroneous
proposals before or after proposal opening may be permitted under the circumstances described
below:
(1) Mistakes discovered before proposal opening may be modified or withdrawn by written or
telegraphic notice received in the Procurement Office prior to the time set for proposal
opening.
(2) The Proponent may withdraw the proposal, prior to proposal opening, without revealing
the amount of the proposal, by submitting a new sealed proposal and providing written
notice of such withdrawal.
(3) After the proposal opening, corrections to proposals shall be permitted only as to
proposal price and only to the extent that the Proponent can show by clear and
convincing evidence that a mistake of a non-judgmental character was made, the nature
of the mistake, and the proposal price actually intended. Otherwise, no changes in
proposal prices or other provisions of the RFP shall be permitted.
(4) In lieu of proposal correction, a Proponent alleging a material mistake of fact may be
permitted to withdraw its proposal if:
(i) Such error in the calculation of the proposal can be documented by clear and
convincing written evidence;
(ii) Such error can be clearly shown by objective evidence drawn from inspection of
the original work papers, documents, or materials used in the preparation of the
proposal sought to be withdrawn;
(iii ) The Proponent serves written notice upon the Procurement Director either prior
to the award of the contract or not later than forty-eight (48) hours after the
opening of proposals, excluding Saturdays, Sundays and legal holidays;
(iv) The proposal was submitted in good faith and the mistake was due to a
calculation or clerical error, an inadvertent omission or typographical error as
opposed to an error in judgment; and
(v) The withdrawal of the proposal will not result in undue prejudice to Augusta,
Georgia or other Proponents by placing them in a materially worse position than
they would have occupied if the proposal had never been submitted. (See Article 9
of Augusta, Georgia Code)
1.8 Standards for Acceptance of Proposal for Award Contract: Augusta, Georgia reserves the
right to reject any or all proposals and to waive any irregularities or technicalities in proposals
received whenever such rejections or waiver is in the interest of Augusta, Georgia and in
compliance with federal regulations. Proposals will be considered irregular if they show
Attachment number 2 \nPage 7 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 8 of 40
omissions, alterations of form, additions not called for, conditions, limitations, unauthorized
alternate proposals, or other irregularities of any kind. Proposals considered irregular may be
rejected by Augusta, Georgia. Augusta, Georgia reserves the right to reject the proposal of a
Proponent who has previously failed to perform properly or complete on time contracts of a
similar nature, or a proposal from a Proponent whom investigation shows is not in a position to
perform the contract, or a Proponent who failed to submitted any requested documentation,
including proposal, fidelity, performance and/or payment bonds.
1.9 Proposal. Means the solicited submission of information from a prospective offeror in accordance
with the terms of the applicable RFP and applicable law.
Responsive Bidder or Proposer. A person or entity that has submitted a bid or proposal which
conforms in all material respects to the requirements set forth in the invitation for bids or request
for proposal.
Proponent: Whenever the term "Proponent" is used it shall encompass the "contractor",
"purchaser" or other party having a contract with Augusta, Georgia in such capacity after a
contract has been entered into or between such party and Augusta, Georgia.
1.10 Compliance with laws: The Proponent shall obtain and maintain all licenses, permits, liability
insurance, workman's compensation insurance and comply with any and all other standards or
regulations required by federal, state or Augusta, Georgia statute, ordinances and rules during
the performance of any contract between the Proponent and Augusta, Georgia. Any such
requirement specifically set forth in any contract document between the Proponent and Augusta,
Georgia shall be supplementary to this section and not in substitution thereof.
1.11 Termination of Contract: Augusta, Georgia may cancel the contract at any time for breach of
contractual obligations by providing the consultant with a written notice of such cancellation.
Should Augusta, Georgia exercise its right to cancel the contract for such reasons, the
cancellation shall become effective on the date as specified in the notice of cancellation sent to
the contractor.
1.12 Terms of Contract: This is a one (1) year contract with a possible one year option; unless
otherwise specified by the owner.
1.13 Reporting of anti-competitive practices to state. Under this article, collusion and other anti-
competitive practices among offerors are prohibited by local, state and federal laws, and Augusta,
Georgia, therefore, establishes the following:
(a) Certification of independent price determination. All offerors shall identify a person
having authority to sign for the offeror who shall certify, in writing, as follows:
"I certify that this offer is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting an offer for the same supplies, services, construction, or
professional or consultant services, and is in all respects fair and without collusion or fraud. I
understand collusive bidding is a violation of local, state and federal law and can result in fines,
prison sentences, and civil damages awards. I agree to abide by all conditions of this solicitation
and offer and certify that I am authorized to sign for this offeror."
(b) Compliance with this subsection shall be considered met if the certification of
independent price determination, as provided in this subsection, is set forth in an exhibit attached
to the offer and appropriate language incorporating the exhibit into the offer is set forth therein.
Attachment number 2 \nPage 8 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 9 of 40
(c) Reporting of anti-competitive practices. When for any reason collusion or other anti-
competitive practices are suspected among any offerors, a notice of the relevant facts shall be
transmitted to the State Attorney General by the Augusta, Georgia General Counsel for
investigation.
(d) By signing and submitting this proposal, Proponent declares that its agents, officers or
employees have not directly or indirectly entered into any agreements, participated in any
collusion or otherwise taken any action in restraint of free competitive bidding in connection with
this proposal. In the event, said Proponent is found guilty of collusion, the company and agents
will be removed from Augusta, Georgia’s bid list for up to three years and any current orders will
be canceled.
1.14 Augusta, Georgia pays by invoices only net 30. Unless otherwise arranged. Invoices should be
sent to the following address:
Augusta, Georgia
Accounting Department – Room 105
Municipal Building
530 Greene Street
Augusta, Georgia 30901
1.15 All Bids, Request for Proposal/Qualifications and or Quote are governed and awarded in
accordance with the applicable federal regulations and the Augusta, Georgia Code. To view the
Code visit Augusta, Georgia’s website at www.augustaga.gov or
http://www.augustaga.gov/index.aspx?NID=685 Guidelines & Procedures.
1.16 Withdrawal and Submission of Modified Proposal: A Proponent may withdraw a proposal at any
time prior to the submission deadline by submitting a written notification of withdrawal signed by
the Proponent or his/her authorized agent. The Proponent or his authorized agent must, in
person, retrieve the entire sealed submission package. Another proposal may be submitted prior
to the deadline
1.17 Qualifications of Contractor and Subcontractor(s): Proponent shall agree to fully comply with
all Augusta, Georgia, state, and federal laws, regulations and ordinances governing performance
of the contract awarded. It will be the responsibility of the Proponent to obtain any and all
necessary permits and/or clearances necessary for completion of the contract.
Proponent shall provide a copy of all relevant licenses, certifications, including factory-training
certificates for major equipment.
GENERAL CONDITIONS
2.1 Specifications: Any obvious error or omission in specifications shall not inure to the benefit of
the Proponent but shall put the Proponent on notice to inquire of or identify the same from
Augusta, Georgia. Whenever mention is made of any article, material, or workmanship to be in
accordance with laws, ordinances, building codes, underwriter's codes, American Society for
Testing and Materials (A.S.T.M.) regulations or similar expressions, the requirements of these
laws, ordinances, etc., shall be construed to be the minimum requirements of these
specifications. Some specifications are made from actual samples or prior use.
2.2 Prices to be Firm: Vendor warrants that RFP, terms and conditions quoted in his submittal will
be firm for acceptance for a period of ninety (90) days from opening date.
2.3 Completeness: All information required by RFP must be completed and submitted to constitute a
proper proposal.
Attachment number 2 \nPage 9 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 10 of 40
2.4 Default Provision: The contract may be canceled or annulled by Augusta, Georgia in whole or in
part by written notice of default to the Contractor upon non-performance or violation of contract
terms. An award may be made to the next vendor, for articles and/or services specified or they
may be purchased on the open market and, the defaulting Contractor (or his surety) shall be
liable to Augusta, Georgia for costs to Augusta, Georgia in excess of the defaulted contract
prices. The Contractor shall continue the performance of this contract to the extent any part is
not terminated under the provisions of this clause.
2.5 Request for proposals.
Request for proposals shall be handled in the same manner as the bid process solicitation and
awarding of contracts for goods or services with the following exceptions:
(a) Only the names of the vendors making offers shall be disclosed at the proposal opening.
(b) Content of the proposals submitted by competing persons shall not be disclosed during
the process of the negotiations.
(c) Proposals shall be open for public inspection only after the award is made.
(d) Proprietary or confidential information, marked as such in each proposal, shall not be
disclosed without the written consent of the offeror.
(e) Discussions may be conducted with responsible persons submitting a proposal
determined to have a reasonable chance of being selected for the award. These discussions may
be held for the purpose of clarification to assure a full understanding of the solicitation
requirement and responsiveness thereto.
(f) Revisions may be permitted after submissions and prior to award for the purpose of
obtaining the best and final offers.
(g) In conducting discussions with the persons submitting the proposals, there shall be no
disclosure of any information derived from the other persons submitting proposals.
2.6 Sealed proposals.
(a) Conditions for use. The competitive sealed proposals method may be utilized when the
Augusta, Georgia Administrator approves the written justification of the Procurement Director or
using agency head that the sealed bid method is not in the best interest of Augusta, Georgia.
Generally, this method may be used when competitive sealed bidding (involving the preparation
of detailed and specific specifications) is either not practicable or not advantageous to Augusta,
Georgia. Augusta, Georgia is not restricted from using alternative procurement methods for
obtaining the best value on any procurement, such as Construction Management at Risk,
Design/Build, etc.
(b) Request for proposals. Competitive sealed proposals shall be solicited through a request
for proposals (RFP).
(c) Public notice. Adequate public notice of the request for proposals shall be given in the
same manner as provided in section 1-10- 50(c)(Public Notice and Bidder's List); provided the
normal period of time between notice and receipt of proposals minimally shall be fifteen (15)
calendar days.
(d) Pre-proposal conference. A pre-proposal conference may be scheduled at least five (5)
days prior to the date set for receipt of proposals, and notice shall be handled in a manner similar
to section 1-10-50(c)-Public Notice and Bidder's List. No information provided at such pre-
proposal conference shall be binding upon Augusta, Georgia unless provided in writing to all
offerors. Note: IN THE EVENT OF A MANDATORY PRE-BID CONFERENCE ALL
INTERESTED VENDORS MUST ATTEND.
(e) Receipt of proposals. Proposals will be received at the time and place designated in the
request for proposals, complete with proponent qualification and technical information. No late
proposals shall be accepted. Price information shall be separated from the proposal in a sealed
envelope and opened only after the proposals have been reviewed and ranked.
The names of the offerors will be identified at the proposal acceptance; however, no proposal will
be handled so as to permit disclosure of the detailed contents of the response until after award of
contract. A record of all responses shall be prepared and maintained for the files and audit
purposes.
Attachment number 2 \nPage 10 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 11 of 40
(f) Public inspection. The responses will be open for public inspection only after contract
award. Proprietary or confidential information marked as such in each proposal will not be
disclosed without written consent of the offeror.
(g) Evaluation and selection. The request for proposals shall state the relative importance of
price and other evaluation factors that will be used in the context of proposal evaluation and
contract award. (Pricing proposals will not be opened until the proposals have been reviewed and
ranked). Such evaluation factors may include, but not be limited to:
(1) The ability, capacity, and skill of the offeror to perform the contract or provide the
services required;
(2) The capability of the offeror to perform the contract or provide the service
promptly or within the time specified, without delay or interference;
(3) The character, integrity, reputation, judgment, experience, and efficiency of the
offeror;
(4) The quality of performance on previous contracts;
(5) The previous and existing compliance by the offeror with laws and ordinances
relating to the contract or services;
(6) The sufficiency of the financial resources of the offeror relating to his ability to
perform the contract;
(7) The quality, availability, and adaptability of the supplies or services to the
particular use required; and
(8) Price.
(h) Selection committee. A selection committee, minimally consisting of representatives of
the procurement office, the using agency, and the Administrator's office or his designee shall
convene for the purpose of evaluating the proposals.
(i) Preliminary negotiations. Discussions with the offerors and technical revisions to the
proposals may occur. Discussions may be conducted with the responsible offerors who submit
proposals for the purpose of clarification and to assure full understanding of, and conformance to,
the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to
any opportunity for discussions and revision of proposals and such revisions may be permitted
after submission and prior to award for the purpose of obtaining best and final offers. In
conducting discussions, there shall be no disclosure of information derived from proposals
submitted by competing offerors.
(j) From the date proposals are received by the Procurement Director through the date of
contract award, no offeror shall make any substitutions, deletions, additions or other changes in
the configuration or structure of the offeror’s teams or members of the offeror’s team.
(k) Final negotiations and letting the contract. The Committee shall rank the technical proposals,
open and consider the pricing proposals submitted by each offeror. Award shall be made or
recommended for award through the Augusta, Georgia Administrator, to the most responsible
and responsive offeror whose proposal is determined to be the most advantageous to Augusta,
Georgia, taking into consideration price and the evaluation factors set forth in the request for
proposals. No other factors or criteria shall be used in the evaluation. The contract file shall
contain a written report of the basis on which the award is made/recommended. The contract
shall be awarded or let in accordance with the procedures set forth in this Section and the other
applicable sections of Augusta, Georgia’s Code.
Attachment number 2 \nPage 11 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 12 of 40
2.7 Letting the contract: The contract shall be awarded or let in accordance with procedures set
forth herein. Award shall occur with reasonable promptness by appropriate written notice to the
highest scored, responsible and responsive Proponent whose proposal meets the requirements
and criteria set forth in the RFP.
In addition to price and other material factors, the Procurement Director, in consultation with the
using agency, shall consider the following in the context of award recommendations:
(1) The ability, capacity, and skill of the bidder to perform the contract or provide the services
required,
(2) The capability of the bidder to perform the contract or provide the service promptly or
within the time specified, without delay or interference,
(3) The character, integrity, reputation, judgment, experience, and efficiency of the bidder,
(4) The quality of performance on previous contracts,
(5) The previous and existing compliance by the bidder with laws and ordinances relating to
the contract or services,
(6) The sufficiency of the financial resources of the bidder relating to his ability to perform the
contract,
(7) The quality, availability, and adaptability of the supplies or services to the particular use
required, and
(8) The number and scope of conditions attached to the bid by the bidder.
2.8 Local Vendor Preference (when applicable): The Local Vendor Preference policy shall only be
applied to projects of one-hundred thousand dollars ($100,000) or less and only when the lowest
local qualified bidder is within 10% or $10,000, whichever is less of the lowest non-local bidders.
The lowest local qualified bidder will be allowed to match the bid of the lowest non-local bidder
and, if matched, the lowest local qualified bidder will be awarded the contract.
For the purposes of this section, "local bidder" shall mean a business which:
(1) Has had a fixed office or distribution point in and having a street address within the
geographic limits of Richmond County, Georgia for at least six (6) months immediately
prior to the issuance of the request for bids or quotes by Augusta; and
(2) Holds any business license required by the AUGUSTA, GA. CODE; and
(3) Employees at least one full-time employee, or two part-time employees whose primary
residence is within the geographic limits of Richmond County, Georgia or if the business
has no employees, the business shall be at least fifty percent (50%) owned by one or
more persons whose primary residence is within the geographic limits of Richmond
County, Georgia. Vendors must complete the enclosed vendor’s Registration form.
Vendors must complete the enclosed vendor’s Registration form.
2.9 Minority/Women Business Enterprise (MWBE) Policy: Court Order Enjoining Race-Based
Portion of DBE Program. Augusta, Georgia does not have a race or gender conscious
Disadvantaged Business Enterprises (DBE) program for projects having Augusta, Georgia
as the source of funding. Augusta does enforce mandatory DBE requirements of federal
and state agencies on contracts funded by such agencies and has a DBE Program to
comply with U.S. Department of Transportation (DOT), Federal Transit Administration
(FTA), Federal Aviation Administration (FAA) and other federal and state mandated DBE
requirements for certain DOT, FTA, FAA, and other federal and state assisted contracts as
required by 49 C.F.R. Part 26, et. seq. and/or 49 C.F.R. Part 23, et. seq. This DBE program
is only for DOT, FTA and FAA assisted contracts and other federal or state funded
contracts having mandatory DBE requirements. (See Article 13 of the Augusta, GA. Code.)
Augusta, Georgia prohibits any language in any solicitation, bid or contract that is
inconsistent with the July 21, 2011 Court Order in the case, Thompson Wrecking, Inc. v.
Augusta Georgia, civil action No. 1:07-CV-019. Any such language appearing in any
Augusta, Georgia solicitation, bid or contract is void and unenforceable.
A copy of this Order can be reviewed at www.augustaga.gov home page.
2.10 Qualified Vendor: A "Qualified Vendor" is defined for this purpose as one who meets, or by the
date of proposal acceptance can meet, all requirements for licensing, insurance and service
contained within these specifications.
Attachment number 2 \nPage 12 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 13 of 40
2.11 Compliance with Specifications - Terms and Conditions: The RFP, Legal Advertisement,
General Conditions and Instructions to Proponents, Specifications, Special Conditions, Vendor's
Submittal, Addendum, and/or any other pertinent documents form a part of this proposal and by
reference are made a part hereof.
2.12 Notice to Proceed: The Procurement Director shall, after consultation with the using agency,
issue a Notice to Proceed to the contractor, stating the name of the project, the date upon which
the project is to begin, the contact name and telephone number for the using agency and the
contract term. The successful Proponent shall not commence work under this request for
proposal until duly notified by receipt of contract signed as executed by the Mayor/Commission or
Administrator or their designee (Clerk or Commission or the Procurement Director). If the
successful vendor does commence any work prior to receiving official notification, he does so at
his own risk.
2.13 Interpretation of Bid/Proposal: No interpretation of the meaning of the Contract Documents as
defined in the General Conditions, nor correction of any apparent ambiguity, inconsistency, or
error therein, will be made to Proponents orally. In addition, every request for such interpretation
or correction shall be submitted by fax or email only to the Procurement Department. The
Procurement Department is the SOLE contact for Proponents throughout the bid/proposal
process. All questions are to be submitted by fax (706 821-2811) or email
(procbidandcontract@augustaga.gov) in accordance to the Bid/RFP/RFQ. Bidders are not
to contact any employee of Augusta, Georgia, agent, consultant or any Commissioner during the
Bid/RFP process except as directed above. Failure to comply with this requirement shall be
grounds for disqualification of the Bidder. All such interpretations and supplemental instructions
will be transmitted to all Bidders not later than five (5) working days prior to the last day for
submitting RFPs.
2.14 Employment Eligibility Verification and Systematic Alien Verification for Entitlements
(SAVE):
All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical
performance of services shall be required to execute an Affidavit verifying its compliance with
O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is
contracting with Augusta, Georgia has registered with and is participating in a federal work
authorization program. All contractors and subcontractors must provide their E-Verify number
and must be in compliance with the electronic verification of work authorized programs operated
by the United States Department of Homeland Security or any equivalent federal work
authorization program operated by the United States Department of Homeland Security to verify
information of newly hired employees, pursuant to the Immigration Reform and Control Act of
1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines
established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program
throughout the contract term. All contractors shall further agree that, should it employ or contract
with any subcontractor(s) in connection with the physical performance of services pursuant to its
contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each
subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-
91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form.
All contractors shall further agree to maintain records of such compliance and provide a copy of
each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform
such physical services.
ATTACHMENT B – Prime Contractors Affidavit and Agreement
Subcontractor Affidavit and Agreement
Non Collusion Affidavit of Subcontractor
The successful vendor will submit the above forms to the Procurement Department no later than
five (5) days after receiving the “Letter of Recommendation” (Vendor’s letter will denote the date
forms are to be received).
Attachment number 2 \nPage 13 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 14 of 40
Systematic Alien Verification for Entitlements (SAVE) Program
O.C.G.A. § 50-36-1, requires Georgia’s cities to comply with the federal Systematic Alien
Verification for Entitlements (SAVE) Program. SAVE is a federal program used to verify that
applicants for certain “public benefits” are legally present in the United States. Contracts with
Augusta, Georgia are considered “public benefits.” Therefore, the successful bidder will be
required to provide the Affidavit Verifying Status for Augusta Benefit Application prior to receiving
any Augusta, Georgia contract. The affidavit is included as part of this Bid/RFP/RFQ
package and is required to be returned with your submittal.
SPECIAL CONDITIONS
3.1 Augusta, Georgia's right to amend solicitations or awards that are in violation of law.
Applicability. This section applies where it is determined by administrative review that a
solicitation or award of a contract is in violation of applicable law. For purposes of this section
administrative review shall refer to a review by the Procurement Director and/or Augusta, Georgia
Administrator in consultation with the General Counsel.
(a) Prior to bid opening or closing date for receipt of proposals. If prior to the bid opening or
the closing date for receipt of proposals, the Procurement Director, after consultation with the
Augusta, Georgia Administrator, and the Augusta, Georgia General Counsel, determines that a
solicitation is in violation of federal, state, or local law or ordinance, then the solicitation shall be
canceled or revised to comply with applicable laws.
(b) Prior to award. If after bid opening or the closing date for receipt of proposals, the
Procurement Director, after consultation with the Administrator or his designee, and the General
Counsel determine that a solicitation or proposed award is in violation of federal, state or
municipal law, then the solicitation or proposed award shall be canceled.
(c) After award. If, after an award, the Procurement Director, after consultation with the
Administrator and the General Counsel, determines that a solicitation or award of a contract was
in violation of applicable law, the following options shall be available to Augusta, Georgia:
(1) The contract may be ratified and affirmed, provided it is determined that doing so is in the
best interest of Augusta, Georgia and the person or company awarded the contract has
not acted fraudulently or in bad faith; or
(2) If services or work have not commenced under the contract, it may be terminated and
declared null and void; or
(3) If services or work have commenced under the contract, it may be terminated and the
person awarded the contract shall be compensated for the actual expenses reasonably
incurred for partially performing and in terminating its performance under the contract.
3.2 Bonds: (Check where applicable) Bid security shall be a bond provided by a surety company
authorized to do business in the State of Georgia or the equivalent in cashier's or certified check
(Checks shall be made payable to Augusta, Georgia), or such other security as approved by the
Augusta, Georgia General Counsel.
[ ] (A) Each Proponent shall post a bid bond, or certified check made payable to Augusta,
Georgia in the amount of 10% of the proposal price. A company check is not acceptable. No
proposals shall be read or considered without a proper form of security.
[X] (B) No bond or certified check is required.
[ ] (C) Proponent shall post a payment/performance bond payable to Augusta, Georgia in the
amount of 100% of the proposal price if awarded the purchase. Such bond(s) are due prior to
contract execution as a guarantee that goods meet requirements of the contract including timely
delivery, performance specifications and warranty requirements.
Such bonds will also guarantee quality performance of services and timely payment of invoices to
any subcontractors.
[ ] (D) Proponent shall post a performance bond in the amount of 100% of the proposal price if
awarded the purchase. Such bond(s) are due prior to contract execution as a guarantee of timely
delivery and that equipment, materials and/or goods are delivered according to specifications.
In accordance with Article 5 of Augusta, Georgia’s Code. Augusta Georgia’s code can be viewed
in its entirety @ http://www.augustaga.gov/index.aspx?NID=685 Guidelines & Procedures.
Attachment number 2 \nPage 14 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 15 of 40
3.3 Augusta, Georgia License Requirement: Contractor must be licensed in the State of Georgia
or by the Governmental entity for where they do the majority of their business. If your
Governmental entity (State or Local) does not require a business license, your company will be
required to obtain a Richmond County business license if awarded a Bid/RFP/RFQ. For further
information contact the License and Inspection Department @ 706 312-5162.
General Contractors License Number: If applicable, Proponents responding to this Request for
Proposal must provide their General Contractors License number in accordance with O.C.G.A. §43-41,
or be subjected to penalties as may be required by law.
Utility Contractor License Number: If applicable, bidders responding to this Request for Proposal
must provide their Utility License Number in accordance with O.C.G.A. §43-14, or be subjected to
penalties as may be required by law.
3.4 Warranty Requirements: (Check where applicable)
[ ] (A) Provisions of item 2.12 in regards to quality shall apply.
[ ] (B) Warranty required.
[ ] (a) Standard Warranty shall be offered with bid.
[ ] (b) Extended Warranty shall be offered with bid.
3.5 Terms of Contract: (Check where applicable)
[ ] (A) Annual Contract
[ ] (B) One time Purchase.
[ X] (C) Other
3.6 Use of Augusta, Georgia Landfill. All contracts for contractors performing demolition and/or
construction projects for Augusta, Georgia shall contain a provision requiring that all debris, trash
and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid
Waste Landfill in accordance with local and state regulations. The contractor shall provide
evidence of proper disposal through manifests, which shall include the types of material disposed
of, the name and location of the disposal facility, date of disposal and all related fees.
Attachment number 2 \nPage 15 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 16 of 40
OTICE TO ALL PROPOETS
(PLEASE READ CAREFULLY)
ADHERE TO THE BELOW INSTRUCTIONS AND DO NOT SUBSTITUTE FORMS
PLEASE READ CAREFULLY:
Attachment B is a consolidated document consisting of:
1. Business License Number Requirement (must be provided)
2. Acknowledgement of Addenda (must be acknowledged, if any)
3. Statement of Non-Discrimination
4. Non-Collusion Affidavit of Prime Bidder/Offeror
5. Conflict of Interest
6. Contractor Affidavit and Agreement (E-Verify User ID Number must be provided)
Attachment B Must be Notarized & all 3 Pages Must be returned with your submittal - No Exceptions.
Business License Requirement: Contractor must be licensed in the Governmental entity for where they do
the majority of their business. Your company’s business license number must be provided on Page 1 of
Attachment B. If your Governmental entity (State or Local) does not require a business license, your company
will be required to obtain a Richmond County business license if awarded a Bid/RFP/RFQ. For further
information contact the License and Inspection Department @ 706 312-5162.
Acknowledgement of Addenda: You Must acknowledge all Addenda. See Page 1 of Attachment B.
E-Verify * User Identification Number (Company I.D.) The recommended awarded vendor will be
required to provide a copy of Homeland Security’s Memorandum Of Understanding (MOU)
Affidavit Verifying Status for Augusta Benefit Application (S.A.V.E. Program ) (Must Be Returned With
Your Submittal)
Return Only If Applicable:
1. The Exception Sheet (if applicable)
2. Local Vendor Registration (if applicable)
______________________________________________________________________
DO NOT RETURN AT THIS TIME:
1. Georgia Security and Immigration Subcontractor Affidavit
2. Non-Collusion Affidavit of Sub-Contractor
Note: The successful vendor will submit the above forms to the Procurement
Department not later than five (5) days after receiving the “Letter of
Recommendation” (vendor’s letter will denote the date forms are to be
received).
______________________________________________________________________
WARNING: Please review “Notice to Proponents” regarding Augusta Georgia’s Local Small Business
Opportunity Program Proponent Requirements.
Proponents are cautioned that acquisition of BID documents through any source other than
the office of the Procurement Department is not advisable. Acquisition of BID documents
from unauthorized sources places the proponent at the risk of receiving incomplete or
inaccurate information upon which to base his qualifications.
Bids/RFPs/RFQs are publicly opened. It is your responsibility to ensure that your company
has met the Specifications and Licenses’ requirements prior to submitting a Bid/RFP/RFQ.
Rev. 6/27/2013
Attachment number 2 \nPage 16 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 17 of 40
Attachment B
You Must Complete and Return all 3 pages of Attachment B with Your Submittal. Document Must Be Notarized.
Augusta, Georgia Augusta Procurement Department
ATTN: Procurement Director
530 Greene Street, Suite 605
Augusta, Georgia 30901
Name of Bidder: ________________________________________________________________________________
Street Address: ________________________________________________________________________________
City, State, Zip Code: ___________________________________________________________________________
Phone: ______________________ Fax: __________________________Email: _____________________________
Do You Have A Business License? Yes: ______ No: ______
Business License # for your Company (Must Provide): ______________________________________________
Company must be licensed in the Governmental entity for where they do the majority of their business. If your Governmental entity
(State or Local) does not require a business license, your company will be required to obtain a Richmond County business license if
awarded a Bid/RFP/RFQ. For further information contact the License and Inspection Department @ 706 312-5162.
List the State, City & County that issued your license: _______________________________________________
Acknowledgement of Addenda: (#1)____: (#2)____: (#3) ____: (#4)____ : (#5)____: (#6)____: (#7)____: (#8) ___:
NOTE: CHECK APPROPRIATE BOX(ES)- ADD ADDITIONAL NUMBERS AS APPLICABLE
Statement of Non-Discrimination
The undersigned understands that it is the policy of Augusta, Georgia to promote full and equal business
opportunity for all persons doing business with Augusta, Georgia. The undersigned covenants that we
have not discriminated, on the basis of race, religion, gender, national origin or ethnicity, with regard to
prime contracting, subcontracting or partnering opportunities.
The undersigned covenants and agrees to make good faith efforts to ensure maximum
practicable participation of local small businesses on the bid or contract awarded by Augusta, Georgia.
The undersigned further covenants that we have completed truthfully and fully the required forms
regarding good faith efforts and local small business subcontractor/supplier utilization.
The undersigned further covenants and agrees not to engage in discriminatory conduct of any
type against local small businesses, in conformity with Augusta, Georgia’s Local Small Business
Opportunity Program. Set forth below is the signature of an officer of the bidding/contracting entity with
the authority to bind the entity.
The undersigned acknowledge and warrant that this Company has been made aware of
understands and agrees to take affirmative action to provide such companies with the maximum
practicable opportunities to do business with this Company;
That this promise of non-discrimination as made and set forth herein shall be continuing in nature
and shall remain in full force and effect without interruption;
That the promises of non-discrimination as made and set forth herein shall be and are hereby
deemed to be made as part of and incorporated by reference into any contract or portion thereof which
this Company may hereafter obtain and;
That the failure of this Company to satisfactorily discharge any of the promises of
nondiscrimination as made and set forth herein shall constitute a material breach of contract entitling
Augusta, Georgia to declare the contract in default and to exercise any and all applicable rights remedies
including but not limited to cancellation of the contract, termination of the contract, suspension and
debarment from future contracting opportunities, and withholding and or forfeiture of compensation due
and owing on a contract.
Attachment number 2 \nPage 17 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 18 of 40
Attachment B - Page 2 of 3
Non-Collusion of Prime Bidder/Offeror
By submission of a bid, the vendor certifies, under penalty of perjury, that to the best of its
knowledge and belief:
(a) The prices in the proposal have been arrived at independently without collusion,
consultation, communications, or agreement, for the purpose of restricting competition, as to
any matter relating to such prices with any other vendor or with any competitor.
(b) Unless otherwise required by law, the prices which have been quoted in the proposal have
not been knowingly disclosed by the vendor prior to opening, directly or indirectly, to any other
vendor or to any competitor.
(c) No attempt has been made, or will be made, by the vendor to induce any other person,
partnership or corporation to submit or not to submit a proposal for the purpose of restricting
competition. Collusions and fraud in bid preparation shall be reported to the State of Georgia
Attorney General and the United States Justice Department.
Conflict of Interest
By submission of a bid, the responding firm certifies, under penalty of perjury, that to the best of
its knowledge and belief:
1. No circumstances exist which cause a Conflict of Interest in performing the services required
by this ITB, and
2. That no employee of the County, nor any member thereof, not any public agency or official
affected by this ITB, has any pecuniary interest in the business of the responding firm or his
sub-consultant(s) has any interest that would conflict in any manner or degree with the
performance related to this ITB.
By submission of a bid, the vendor certifies under penalty of perjury, that to the best of its
knowledge and belief:
(a) The prices in the bid have been arrived at independently without collusion, consultation,
communications, or agreement, for the purpose of restricting competition, as to any matter
relating to such prices with any other vendor or with any competitor.
(b) Unless otherwise required by law, the prices which have been quoted in the bid have not
knowingly been disclosed by the vendor prior to opening, directly or indirectly, to any other
vendor or competitor.
c) No attempt has been made, or will be made, by the vendor to induce any other person,
partnership or cooperation to submit or not to submit a bid for the purpose of restricting
competition. For any breach or violation of this provision, the County shall have the right to
terminate any related contract or agreement without liability and at its discretion to deduct from
the price, or otherwise recover, the full amount of such fee, commission, percentage, gift,
payment or consideration.
You Must Complete and Return all 3 pages of Attachment B with Your Submittal. Document Must Be Notarized.
Attachment number 2 \nPage 18 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 19 of 40
Attachment B - Page 3 of 3
Contractor Affidavit and Agreement
By executing this affidavit, the undersigned contractor verifies its compliance with 0.C.G.A. 13-10-91,
stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia
Board of Commissioners has registered with and is participating in a federal work authorization program*
[any of the electronic verification of work authorization programs operated by the United States
Department of Homeland Security or any equivalent federal work authorization program operated by the
United States Department of Homeland Security to verify information of newly hired employees, pursuant
to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the
applicability provisions and deadlines established in 0.C.G.A 13-10-91. The undersigned further agrees
that, should it employ or contract with any subcontractor(s) in connection with the physical performance of
services pursuant to this contract with Augusta, Georgia Board of Commissioners, contractor will secure
from such subcontractor(s) similar verification of compliance with 0.C.G.A 13-10-91 on the Subcontractor
Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to
maintain records of such compliance and provide a copy of each such verification to the Augusta,
Georgia Board of Commissioners at the time the subcontractor(s) is retained to perform such service.
Georgia Law requires your company to have an E-Verify*User Identification Number (Company I.D.) on or
after July 1, 2009.
For additional information or to enroll your company, visit the State of Georgia website:
https://e-verify.uscis.gov/enroll/ and/or http://www.dol.state.ga.us/pdf/rules/300_10_1.pdf
**E-Verify * User Identification Number (Company I.D.) ______________________________
NOTE: E-VERIFY USER IDENDIFICATION NUMBER (COMPANY I.D.) MUST BE PROVIDED: IN ADDITION, THE RECOMMENDED
AWARDED VENDOR WILL BE REQUIRED TO PROVIDE A COPY OF HOMELAND SECURITY’S MEMORANDUM OF
UNDERSTANDING (MOU)
The undersigned further agrees to submit a notarized copy of Attachment B and any required
documentation noted as part of the Augusta, Georgia Board of Commissions specifications
which govern this process. In addition, the undersigned agrees to submit all required forms for
any subcontractor(s) as requested and or required. I further understand that my submittal
will be deemed non-compliant if any part of this process is violated.
__________________________________________
Company Name
_________________________________________
BY: Authorized Officer or Agent
(Contractor Signature)
________________________________________
Title of Authorized Officer or Agent of Contractor
_________________________________________
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF __________________, 20___
__________________________________________ NOTARY SEAL
Notary Public
My Commission Expires:______________________________________________
You Must Complete and Return all 3 pages of Attachment B with Your Submittal. Document Must Be Notarized.
REV. 6/27/2011
Attachment number 2 \nPage 19 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 20 of 40
You Must Complete and Return with Your Submittal. Document Must Be Notarized
Systematic Alien Verification for Entitlements (SAVE) Program
Affidavit Verifying Status for Augusta, Georgia Benefit Application By executing this affidavit under
oath, as an applicant for an Augusta, Georgia Business License or Occupation Tax Certificate, Alcohol
License, Taxi Permit, Contract or other public benefit as reference in O.C.G.A. Section 50-36-1, I am
stating the following with respect to my bid for an Augusta, Georgia contract for
____________________________________________________
[Bid/RFP/RFQ Project Number and Project Name]
____________________________________________________________________________
[Print/Type: Name of natural person applying on behalf of individual, business, corporation, partnership, or other private
entity]
____________________________________________________________________________
[Print/Type: Name of business, corporation, partnership, or other private entity]
1.) _________ I am a citizen of the United States.
OR
2.) _________ I am a legal permanent resident 18 years of age or older.
OR
3.) _________ I am an otherwise qualified alien (8 § USC 1641) or nonimmigrant under the
Federal Immigration and Nationality Act (8 USC 1101 et seq.) 18 years of age or older and
lawfully present in the United States.*
In making the above representation under oath, I understand that any person who knowingly and
willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be
guilty of a violation of Code Section 16-10-20 of the Official Code of Georgia.
_________________________________________
Signature of Applicant
_____________________________________________
Printed Name
_____________________________________________
*Alien Registration umber for on-Citizens
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ___________ DAY OF ___________, 20____
________________________________________________________
Notary Public
My Commission Expires: _____________________________ NOTARY SEAL
Note: THIS FORM MUST BE RETURNED WITH YOUR SUBMITTAL
REV. 9/25/2012
Attachment number 2 \nPage 20 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 21 of 40
EXCEPTION SHEET
If the commodity (ies) and/or services proposed in the response to this proposal is in
anyway different from that contained in this proposal or bid, the Proponent is
responsible to clearly identify by specification section number, all such differences in the
space provided below. Otherwise, it will be assumed that Proponent(s) offer is in total
compliance with all aspects of the proposal or bid.
Below are the exceptions to the stated specifications:
________________________________________
Signature
________________________________________
Date
_________________________________________
Company
_______________________________________
Title
Return with submittal if the commodity and/or services proposed in the response to this
proposal are in anyway different from that contained in the specifications.
REV. 6/27/2011
Attachment number 2 \nPage 21 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 22 of 40
STATE OF GEORGIA - COUNTY OF RICHMOND BID/RFP/RFQ#_____________
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with 0.C.G.A.
13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the
physical performance of services under a contract with _________________________ on
behalf of Augusta, Georgia Board of Commissioners has registered with and is participating in a
federal work authorization program* [any of the electronic verification of work authorization
programs operated by the United States Department of Homeland Security or any equivalent
federal work authorization program operated by the United States Department of Homeland
Security to verify information of newly hired employees, pursuant to the Immigration Reform and
Control Act of 1986 ([RCA), P.L. 99-603], in accordance with the applicability provisions and
deadlines established in O. C. G. A 13-10-91.
__________________________________________
E-Verify * User Identification Number
__________________________________________
Company Name
__________________________________________
BY: Authorized Officer or Agent
(Contractor Signature)
__________________________________________
Title of Authorized Officer or Agent of Contractor
__________________________________________
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE
___________ DAY OF ________________, 20___
__________________________________________
Notary Public
My Commission Expires:
_______________________________________ NOTARY SEAL
Note: The successful vendor will submit the above forms to the Procurement Department no later than five
(5) days after receiving the “Letter of Recommendation” (Vendor’s letter will denote the date forms are to be
received).
REV. 7/22/2011
Georgia Law requires your company to have an
E-Verify*User Identification Number on or after July
1, 2009.
For additional information: State of Georgia
http://www.dol.state.ga.us/pdf/rules/300_10_1.pdf
https://e-verify.uscis.gov/enroll/
Attachment number 2 \nPage 22 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 23 of 40
In accordance with the Laws of Georgia, the following affidavit is required by all vendors
NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR
I, __________________________________ certify that this bid or proposal is made without prior
understanding, agreement or connection with any corporation, firm or person submitting a bid for the
same work, labor or service to be done or the supplies, materials or equipment to be furnished and is in
all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and
federal law and can result in fines, prison sentences and civil damages awards. I agree to abide by all
conditions of this bid or proposal and certify that I am authorized to sign this bid or proposal for the
Proponent.
Affiant further states that pursuant to O.C.G.A. Section 36-91-21 (d) and (e),
______________________________________________ has not, by itself or with others, directly or
indirectly, prevented or attempted to prevent competition in such bidding or proposals by any means
whatsoever. Affiant further states that (s)he has not prevented or endeavored to prevent anyone from
making a bid or offer on the project by any means whatever, nor has Affiant caused or induced another to
withdraw a bid or offer for the work.
Affiant further states that the said offer of ____________________________ is bona fide, and that no
one has gone to any supplier and attempted to get such person or company to furnish the materials to the
Proponent only, or if furnished to any other Proponent, that the material shall be at a higher price.
_______________________________________________
Signature of Authorized Company Representative
_______________________________________________
Title
Sworn to and subscribed before me this ______ day of _________________, 20__.
________________________________________________
Notary Signature
Notary Public: ________________________________ (Print Name)
County: _____________________________________
Commission Expires: __________________________ NOTARY SEAL
Note: The successful vendor will submit the above forms to the Procurement Department no later than five
(5) days after receiving the “Letter of Recommendation” (Vendor’s letter will denote the date forms are to be
received).
Rev. 6/27/2013
Attachment number 2 \nPage 23 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 24 of 40
Local Small Business Opportunity Program
Ordinance Requirements
Notice To All Proponents
(PLEASE READ CAREFULLY)
Shall apply to ALL Bids/RFPs/RFQs regardless of the dollar amount
In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractors agree to collect and
maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local
Small Business Opportunity Program and to make such records available to Augusta, Georgia
upon request. The requirements of the Local Small Business Opportunity Program can be found
at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE, Contractors shall report to
Augusta, Georgia the total dollars paid to each subcontractor, vendor, or other business on each
contract, and shall provide such payment affidavits, regarding payment to subcontractors, if any
as required by Augusta, Georgia. Such utilization reports shall be in the format specified by the
Director of Minority and Small Business Opportunities, and shall be submitted at such times as
required by Augusta, Georgia. Required forms can be found at www.augustaga.gov. If you need
assistance completing a form or filing information, please contact the LSBO Program office at
(706) 821-2406. Failure to provide such reports within the time period specified by Augusta,
Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not
limited to, withholding payment from the Contractor and/or collecting liquidated damages.
To print a copy of the Prime Contractor Data Collection Form visit:
http://www.augustaga.gov/index.aspx?NID=1672
For questions and or additional information please contact:
Mrs. Yvonne Gentry
Local Small Business Opportunity Program
530 Greene Street, Room 305
Augusta, Georgia 30901
(706) 821-2406
Website: http://www.augustaga.gov/index.aspx?nid=83
Rev. 6/27/2013
Attachment number 2 \nPage 24 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 25 of 40
SHALL APPLY TO PROJECTS $100,000 & UP
Local Small Business Opportunity Program (Continued)
Sec. 1-10-129. Local small business opportunities program participation.
(a) Sealed Bids, Sealed Proposals, Professional Services And Other Major Purchasing. The following
procedures and contract requirements will be used to insure that local small businesses are encouraged to
participate in Augusta, Georgia contracts, including but not limited to construction contracts, requests for
professional services and the performance of public works contracts. The Augusta, Georgia user department
shall indicate goals for local small business in all solicitations for contracts over $100,000 in value:
(1) Bid conditions, requests for proposals, and all other specifications for contracts awarded by
Augusta, Georgia will require that, where subcontracting goal is utilized in performing the contract, the
bidder or proponent, will make Good Faith Efforts to subcontract with or purchase supplies from local small
businesses. Bid specifications will require the bidder or proponent to keep records of such efforts that are
adequate to permit a determination of compliance with this requirement.
(2) Each Proponent shall be required to provide documentation of achieving goal or provide
documentation of Good Faith Efforts to engage local small businesses as subcontractors or suppliers, the
names of local small businesses and other subcontractors to whom it intends to award subcontracts, the
dollar value of the subcontracts, and the scope of the work to be performed, recorded on the form(s)
provided or made available as part of the bid package. If there are no sub-contracting opportunities, bidder
shall so indicate on the appropriate form.
(6) All solicitation documents shall require bidders or proponents to submit with their bid/proposal
the following written documents, statements or forms, which shall be made available by the Procurement
Department.
(i) Non-Discrimination Statement which shall affirm the bidder’s: (a) adherence to the policies of
Augusta, Georgia relating to equal opportunity in contracting; (b) agreement to undertake certain measures
as provided in this policy to ensure maximum practicable participation of local small businesses; and (c)
agreement not to engage in discriminatory conduct of any type.
(ii) Proposed Local Small Business Subcontractor/Supplier Utilization Plan.
(iii) Documentation of Good Faith Efforts to use local small businesses.
Failure to submit the above documentation shall result in the bid or proposal being declared
non-responsive.
(d) Post Contract Award Requirements. The purpose of this sub-section is to establish requirements for
contractor compliance with the LSBOP after a contract has been awarded. This is incorporated into all
Augusta, Georgia Contracts for which a local small business goal has been established or negotiated.
(1) Contractors shall have an affirmative, ongoing obligation to meet or exceed the committed local
small business goal for the duration of the contract. The Augusta, Georgia may deem a contractor to be in
violation of the LSBOP and in breach of its contract if at any time Augusta, Georgia determines that:
(a) The contractor will not meet the committed local small business goals; and
(b) the reasons for the contractor’s failure are within the contractor’s control. For example, if a
contractor does not meet the local small business goal because the contractor terminated a local small
business without cause or if the contractor caused and local small business to withdraw from the project
without justification, then Augusta, Georgia is justified in finding the contractor to be in violation of the
LSBOP.
(h) Compliance.
(4) The Director of minority and small business opportunities shall be responsible for evaluating
good faith efforts documentation and subcontractor information submitted by bidders in conformance with,
the AUGUSTA, GA. CODE and any State and Federal Laws applicable to any bid specifications for
competitive sealed bid or competitive sealed proposal projects prior to award of the contract.
(i) Competitive Bids.
Nothing in this Policy is to be construed to require Augusta, Georgia to award a bid contract to other than the
lowest responsible bidder, or to require contractors to award to subcontractors, or to make significant
material purchases from local small businesses who do not submit the best overall pricing to Augusta,
Georgia.
Sec. 1-10-130. Exceptions – federally funded projects.
In accordance with § 1-10-8 and Chapter 10B, the LSBOP shall only be utilized with federally funded
projects, solicitations or contracts as authorized by federal (and Georgia) laws, regulations and conditions
applicable to such projects. To the extent that there are any conflicts between any such laws, regulations or
conditions and the LSBOP, the federal (and Georgia) laws, regulations and conditions shall control.
For questions and or additional information please contact: Mrs. Yvonne Gentry, Local Small Business Opportunity
Program, 530 Greene Street, Room 305, Augusta, Georgia 30901 (706) 821-2406. NOTE: All forms should be submitted in
a separate, sealed envelope labeled Local Small Business Required Forms, Company’s Name & Bid Number.
Rev. 6/27/2013
Attachment number 2 \nPage 25 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 26 of 40
INTRODUCTION AND INSTRUCTIONS
TO VENDORS
Introduction
This Request for Proposal (RFP) is issued by The Augusta Procurement Department and The
Augusta Information Technology Department on behalf of Augusta, Georgia government. The
purpose of the RFP is to provide qualified vendors with sufficient information to prepare and
submit a response for consideration by Augusta, (herein after referred to as "the Owner")
regarding the operation of Augusta’s Wireless Broadband Network.
We invite vendors to submit proposals in accordance with the requirements, terms, and conditions
of this RFP, RE: RFP 13-191 Augusta Broadband Services.
This RFP sets forth the requirements for services, submission of and specified format for
proposals, and solicits a detailed response from vendors to include service description.
Background Information
In 2007, Augusta received a grant from the State of Georgia’s Wireless Communities Georgia
(WCG) program to enable Augusta to build and pay for the infrastructure of a broadband wireless
network. Augusta is seeking a qualified Internet Service Provider (ISP) to operate the Augusta-
owned wireless network. Attached is a map identifying the coverage area of Augusta’s Wireless
Broadband Network (Appendix A).
Augusta has provided the capital required to build the network. Augusta is seeking a qualified
Internet Service Provider (ISP) to operate the network in its current configuration. Modifications to
the existing footprint are to be submitted to Augusta for approval.
Augusta will retain ownership of all assets purchased by Augusta for the duration and after
termination of the contract. All assets will be leased to the ISP for the sum of one (1) dollar for the
duration of the contract.
Deployment Cost
Augusta has incurred all deployment costs. The vendor is expected to operate the network in its
existing configuration. Network expansion is desired as funding sources are identified.
RFP Overview and Requirements
Augusta has deployed Tropos equipment throughout the coverage area. One hundred thirty
(130) Tropos 5210 Access Points (APs) are installed throughout the network. Sixty two (62)
owned vertical assets were utilized. See attached is a photo (Appendix B). Sixty eight (68)
separate poles with electrical service were installed. See attached photo (Appendix C). Augusta
currently pays for all electrical costs.
The ISP must provide the following services:
- Customer service and support
- Billing support
- Maintenance and technical support for the network
- Minimum 200 accounts to Augusta
- Market the network to increase network utilization
If any compensation is being proposed to Augusta, identify the amount of compensation you are
proposing and the method used to calculate the proposed compensation. All pricing
information is required to be enclosed in a separate sealed envelope labeled – Pricing
Information for RFP 13-192 Augusta Broadband Services along with the vendor name.
Attachment number 2 \nPage 26 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 27 of 40
Deployment of New Network Equipment - ISP
The ISP will be responsible for the deployment of, fees, monthly rental, maintenance, and power
requirements for all new equipment installed. This includes working any companies including but
not limited to Georgia Power or AT&T in regards to installing access points or equipment on non-
city owned assets.
Augusta Assets
Augusta will provide the use of its assets to the chosen ISP. These include access to all
Augusta-owned light poles, traffic lights, buildings or roof tops at no charge. Augusta will also pay
the power for any access points that reside on any of its property in regards to the deployment or
expansion of the wireless network.
Coverage/Maintenance
The ISP shall provide a “best-effort” at providing 24/7 support and maintenance to provide high-
quality wireless service and reliability within wireless footprint.
Maintenance - Support any and all maintenance needed on all network equipment, including
reconfiguring, replacing and repairing any access points or core equipment on an ongoing basis.
If equipment repair is cost prohibitive equipment replacement is requested.
Expanding the Network
Augusta will make reasonable efforts to make any Augusta-owned street lights, traffic
signal poles or other assets available for mounting of new wireless access points,
gateway devices and backhaul equipment available to the ISP provider if they choose to
expand the network beyond the current deployment area.
Any other assets, poles or street lights that are not owned by Augusta will need to be
negotiated directly by the ISP. Any expansion of the network will be at the cost of the
selected ISP. The ISP may tie in any additional expansion and or equipment back into
the original core equipment provided that the coverage is within the jurisdiction of
Augusta. If connectivity is desired outside of the jurisdiction of Augusta, approval must
be attained prior to connection.
Customer Care
The ISP should provide the following customer care support for the network. If the ISP has a
different model for customer support, please identify.
- Tier 1
o Support for all Services, including providing subscribers with phone, web, e-
mail and instant messaging support options for at least the following issues:
• Sales inquiries
• Order status
• Service cancellation
• Service setup
• Connectivity problems
• Service interruption/degradation
• Credits and refunds processing
• Account and billing inquiries
• Disconnect and relocation requests
- Tier 2
o Support for all Services, including providing subscribers with phone, web, e-
mail and instant messaging support options for at least the following issues:
Escalation of issue not resolved by Service Provider's Tier 1
representatives
Proactive and reactive network status information
Three-party calling with Tier 2 Support agents, Tier 1 Support agents
and subscribers
Settlement and billing inquiries between Service Provider and the
Network Operator
Attachment number 2 \nPage 27 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 28 of 40
- Tier 3
o Support for all Services, including providing subscribers with phone, web, e-
mail and instant messaging support options for at least the following issues:
7x24x365 management of personnel at the NOC
7x24x365 pager and phone support for Service Providers
Call escalation of critical issues not resolved by Tier 2 Support
representatives
Proactive publishing of network status information, alerts, etc. by the
ISP
Marketing of Network
The ISP must market the network to attract residential and business citizens, as well as visitors,
to Augusta and improve network utilization.
Compensation Proposal
If any compensation is being proposed to Augusta, identify the amount of compensation you are
proposing and the method used to calculate the proposed compensation. All pricing
information is required to be enclosed in a separate sealed envelope labeled – Pricing
Information for RFP 13-192 Augusta Broadband Services along with the vendor name.
Free Public Internet Access
Augusta requests the internet service provider to provide free access within the deployment area
at a reduced speed. Please identify the proposed speed for paying customers and free network
users. If a totally free service offering is desired please identify the speed proposed to the free
network user and the method of securing compensation desired.
Term of Contract
Augusta will award the ISP one (1) four (4) year contact. Augusta shall have the authority to
approve or disapprove any proposed option periods at its sole, absolute discretion.
Environmental Factors
The proposed ISP will provide automatic protection against environmental factors that might
interfere with network performance, including wind, rain, fog, temperature, shock and vibration
factors. All equipment used must not be unsightly and must conform to all applicable health,
safety, radio emissions, construction, maintenance and reliability standards within the State of
Georgia and Augusta.
Security
The proposed wireless network should provide the highest-level of security with multiple layers
utilizing proven, industry standard security technologies, including firewalls, data encryption and
VPN. The system should support user authentication and policy based security such as Media
Access Control; support Protected Access (WPA & WPA2); support Wired Equivalent Privacy
(WEP) encryption, including both 64 and 128 bit keys; support for 802.1x authentication using
Extensible Authentication Protocol (EAP) and Remote Authentication Dial-In User Service
(RADIUS); support for Virtual Private Network (VPN) tunneling; support Temporal Key Integrity
Protocol (TKIP) encryption; support Advanced Encryption Standard (AES) encryption; support
suppression of Extended Service Set Identifier (ESSID) broadcasts; support for multiple ESS IDs
to map individually to Virtual LANs (VLANs); support for encryption of all control and network
management traffic transmitted within the network; and support for filtering of traffic based on
Internet Protocol (IP) addresses, subnets, and Transmission Control Protocol (TCP) ports.
IEEE Wi-Fi Compliant
All equipment used by ISP should be Wi-Fi certified and use open standards that are compatible
with off-the-shelf IEEE latest standards or standards in the process of approval. The system
must support the IEEE 802.11 i security standard and must provide IEEE 802.2x authentication
capabilities.
Attachment number 2 \nPage 28 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 29 of 40
Privacy
Augusta requires that consumer privacy be protected for all users of the Network and
that a full disclosure of the privacy policy be provided to all users. The privacy policy shall
adhere to all applicable federal and state laws, shall be communicated to all users on the
Network and shall require users' explicit acceptance before any service is provisioned.
Other Requirements
The internet service provider shall agree to secure all necessary location and or construction
licenses and permits in connection with the resulting contract at no cost to Augusta. The
contractor selected must have or obtain a current Augusta business license and be compliant
with Augusta's insurance and any and all other regulations.
General Conditions
This RFP is not an offer to contract. Acceptance of a proposal neither commits Augusta, GA to
award a contract to any vendor, even if all requirements stated in this RFP are met, nor limits our
right to negotiate in our best interest.
Failure to answer any question in this RFP may subject the proposal to disqualification. Failure to
meet a qualification and/or specific requirement may subject the proposal to disqualification.
Proposals will not be considered for contract after the specified date and time shown in the
Schedule of Events in Section VII of this RFP. Proposals not submitted in the format specified in
Section IX of this RFP may be rejected.
Confidentiality/Public Knowledge
Any proposal submitted becomes the property of the citizens of Augusta, GA. All information
submitted by potential vendors is public information and will be provided to the general public,
upon demand, after the bid cut-off date.
Right of Rejection
We reserve the right to accept or reject any or all potential vendor responses to this RFP.
Cost of Proposals
Expenses incurred in the preparation of proposals in response to this RFP are the vendors’ sole
responsibility.
Implementation
The vendor will be obligated to obtain required permits or licenses to provide requested services.
Information Technology, The Augusta Commission, and Government are not responsible for any
costs other than agreed upon arrangements at the time the contract is awarded. The vendor will
be responsible for any costs associated with the project.
Evaluation
Proposals must address all the items identified in this RFP. Selection criteria will be based on the
“best value” concept. Proposals will be evaluated in accordance with the following criteria:
Section Comments Possible Points
Company Background 7
Details on Company Background
Financial Information 10
Details on Financial Information
Comparable Experience 15
Similar Experience
Personnel Qualifications 5
On-Staff Personnel
A Support of Existing Network Design
Summarize your experience in
supporting a similar network 10
Attachment number 2 \nPage 29 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 30 of 40
B. Support of Network
Identify how you intend to support
Augusta’s Broadband Network. 5
C City Assets
Acknowledge that you understand
that Augusta will pay for all power to
all equipment located on city-owned
equipment. 1
D Coverage/Maintenance
Describe your plans to provide on-
going support for maintenance of the
network. Describe if you will have
full-time staff or use a sub-contractor
for basic network maintenance. 5
E Expanding the Network
Describe if you intend to expand the
current network described in the
RFP. If so, please give details on
when and where the network would
be expanded, include estimated cost,
equipment to be deployed and
deployment schedule. 5
G Customer Care
Location of Customer Care Center 1
Number of employees 1
Hours of operation: 7/24/365 3
Experience with wireless broadband
customers. 5
Billing System to be used 1
Network operations strategy
including network monitoring and
operations center, field service and
network maintenance. 5
H Marketing of Network
Marketing strategy including mix of
direct marketing and advertising. 3
Projected annual marketing
expenses. 3
Subscriber equipment that will be
offered to residential/business
customers. 1
Plan for providing wholesale services
to competing retail providers. 1
I Compensation Proposal
If you are proposing compensation,
identify the amount of compensation
and the method used to calculate the
proposed compensation. 5
J Free Public Internet Access
Describe how you intend to offer
Free Public Internet coverage as
described in the RFP. Describe if you
intend to offer free connectivity at
slower speeds or if you desire to offer
free connectivity to all network users.
Identify your proposed speeds for
each scenario. 4
Attachment number 2 \nPage 30 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 31 of 40
K Local Office
Describe if you intend to have a local
office located within the deployment
area. If not, please detail how you will
address billing, customer care and
local maintenance issues. 3
L Term of Contract
Acknowledge that you understand
and have reviewed the proposed
contract and advise on how long you
expect for you to execute the
proposed contract once selected. 1
M Fault Tolerant and Redundant
Acknowledge that you understand
the Fault Tolerant and Redundant
section of the RFP. 1
100
SELECTION PROCESS: Augusta Information Technology has the option to select more than one firm
for the proposed services. A Selection Committee will review all proposals submitted in response to this
RFP.
Submit all required information for any subconsultants/subcontractor(s) that will be used to perform any
part of the requested services. Consultants/Contractors will also be evaluated using the above listed
criteria.
Any or all of the firm(s) may be requested to expand on their response and/or make a formal
presentation.
Following the presentations, if deemed necessary the committee will vote on the preferred vendor and
contract negotiations will begin. All contracts with vendors are subject to approval by the Augusta,
Georgia Commission. Depending on the final cost, the Augusta Administrator and/or the Augusta,
Georgia Commissioners will have approval authority over the contract and proposed budget outlay.
The evaluation and selection process will be conducted in accordance with Procurement regulations as
described elsewhere in this RFP.
Phase One Criteria (Identify short listed offerors only)
The Procurement Director, in consultation and upon the recommendation of the head of the using
agency, shall select from among the offerors no less than three (3) offerors (the “short-listed offerors”)
deemed to be the most responsible and responsive; provided, however, that if three (3) or less offerors
respond to the solicitation, this requirement will not apply. The selection of the short-listed offerors shall
be made in order of preference. From the date proposals are received by Procurement Director through
the date the contract is awarded, no offeror may make substitutions, deletions, additions or other changes
in the configuration or structure of the offeror’s teams or members of offeror’s teams prior to award.
It is the intent of the Owner to conduct a fair and comprehensive evaluation of all proposals received.
The contract will be awarded to the proposer who submitted a proposal that is most advantageous to the
Owner.
Your team will be evaluated on the basis of how well your firm and its individual professionals meet the
criteria outlined including general and specific selection criteria. Based on the Evaluation Criteria,
Augusta reserves the right to select more than one firm to provide the requested services. Please submit
your proposal in a concise written tabulated format indexed and organized. The recommended firm and
contract will be presented to the Augusta Commission for final approval.
Each submittal must respond to the requested information for each section.
Attachment number 2 \nPage 31 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 32 of 40
Phase Two Criteria
(Rank the company that best address scope of service/ technical proposal as outlined in the
specifications to be in the best interest of Augusta, Georgia).
Note: All offerors selected to participate in Phase Two shall be equally evaluated without
respect to the score received in Phase One.
After an initial screening process, a technical question and answer conference or interview will be
conducted, if deemed necessary, to clarify or verify the offeror’s proposal and to develop a
comprehensive assessment of the proposal.
Final negotiations and letting the contract. The Committee shall rank the technical proposals,
open and consider the pricing proposal. Award shall be made or recommended for award
through the Augusta, Georgia Administrator, to the most responsible and responsive offeror
whose proposal is determined to be the most advantageous to Augusta, Georgia. No other
factors or criteria shall be used in the evaluation. The contract file shall contain a written report of
the basis on which the award is made/recommended. The contract shall be awarded or let in
accordance with the procedures set forth in this Section and the other applicable sections of this
chapter.
PRICE PROPOSALS
The Committee will evaluate the responses to the RFP, verify the information presented, and
conduct oral interviews, as deemed appropriate. This process will result in the selection of the
successful vendor who, through contractual agreements will undertake the scope of work.
Price is not the driving factor of this award and shall be considered as follows: In making this
decision, the Using Agency and the Procurement Director shall take into account the estimated
value, the scope, the complexity and the professional nature of the services to be rendered.
Should the Using Agency and the Procurement Director be unable to negotiate a satisfactory
contract with the offeror considered to be the most responsible and responsive at a price for the
Using Agency and the Procurement Director determines to be fair and reasonable to Augusta,
Georgia; negotiations with that offeror shall be terminated. The Using Agency and the
Procurement Director shall then undertake negotiations with the second most responsible and
responsive short-listed offeror. If negotiations with the second most responsible and responsive
short-listed offeror are unsuccessful, negotiations shall be terminated and the Using Agency and
the Procurement Director shall then undertake negotiations with the third most responsible and
responsive short-listed offeror. Should Using Agency and the Procurement Director be unable to
negotiate a contract with any of the short-listed offerors, the Using Agency and the Procurement
Director and the using agency may select from the additional offerors that were not short-listed in
order of their responsibility and responsiveness and the Using Agency and the Procurement
Director may continue negotiations in accordance with this section until an agreement is reached.
Price information shall be separated from the proposal in a sealed envelope and opened only
after the proposals have been reviewed and ranked. The names of the respondents will be
identified at the proposal opening; however, no proposal will be handled so as to permit
disclosure of the detailed contents of the responses until after award of contract. A record of all
responses shall be prepared and maintained for the files and audit purposes.
Price shall be submitted in a separate sealed envelope with the following information on
the outside of it: RFP 13-191 Augusta Broadband Services – FEE PROPOSAL.
When in the best interest of the Augusta, Georgia, Augusta reserves the right to request
additional fee information and to request a “Best and Final” offer.
Attachment number 2 \nPage 32 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 33 of 40
Scope of Work
General Requirements/Prerequisites:
Augusta is seeking an ISP to operate a ubiquitous broadband wireless mesh network for
residents, businesses, and visitors within Augusta. The selected ISP should have current
experience and expertise in running a wireless broadband network within the United States.
No telephone calls with questions will be accepted. Please note that that the last day for
submitting any and all questions is Friday, October 4, 2013 @ 5:00 p.m. All questions must
be submitted in writing to the office of the Procurement Department by fax at 706 821-2811 or by
email to procbidandcontract@augustaga.gov .
Contractor Prerequisites:
Contractors making proposals under this specification must meet the following qualifications.
1. Meet all federal, state, and local certification and licensing requirements.
2. Have experience in the operating a wireless broadband network.
3. No excessive complaints from customers to the Better Business Bureau or State Public
Services Commission within the last five (5) years.
4. Not currently under investigation by any criminal or law enforcement agency.
General Instructions and Schedule
This section contains instructions governing the proposal to be submitted.
A. The Procurement Department must receive your proposal on or before Wednesday, October
16, 2013 @ 11:00 a.m.
B. In order to be considered responsive.
a. Submit your proposal to:
Procurement Department
530 Greene Street, Room 605
Augusta, Georgia 30901
Attn: Ms. Geri Sams
b. Your proposal shall remain valid for 90 days from the proposal due date. Please
provide the name, title, address, phone, fax, and e-mail address of the individual who
will serve as our primary contact for purposes of the RFP.
c. Your proposal shall adequately address all the questions in the Required Services
Section.
C. Describe any contractual requirements for the service. The County is exempt from federal
excise tax and 911 fees, all contracts must reflect this status. Please include a copy of your
intended contract in the Appendix.
D. All proposals submitted become the property of Augusta, GA and will not be returned.
E. All vendors should not be in default to Augusta, GA.
F. All vendors shall provide information outlining their specific, in depth, qualifications and
experience related to the type of work requested in this RFP.
Attachment number 2 \nPage 33 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 34 of 40
Schedule of Events
Tentative Dates Activity
September 12, 2013 Issue of RFP
Friday, October 4, 2013 Last Day for Submitting Questions @ 5:00 p.m. (EST)
Wednesday, October 16, 2013 Submission of Proposals @ 11:00 a.m. (EST)
October 2013 Evaluation/Interview Finalist
November 2013 Award Agreement
November 2013 Begin Wireless Broadband Service Support
Explanation of Events
The following paragraphs describe the activities listed in the sequence of events shown in Section VII.
Issue of RFP
This RFP is being issued by the Augusta, GA Procurement Department.
Last Day for Submitting Questions
Any questions or requests for clarification must be submitted to the Procurement Department by
Friday, October 4, 2013 no later than 5:00 p.m.
Submission of Proposal
The original and seven (7) copies of vendor proposals must be received for evaluation by
the Procurement Department, no later than Wednesday, October 16, 2013 @ 11:00 a.m.
Proposals received after this deadline will not be accepted. The date and time of receipt will be
recorded on each proposal.
Proposals must be delivered to the Procurement Department at the following address:
Procurement Department
530 Greene Street, Room 605
Augusta, GA 30901
Attn: Ms. Geri Sams
Proposals must be sealed and labeled on the outside of the package to clearly indicate that they are
in response to: RFP 13-191—Augusta Broadband Services.
Proposals submitted by facsimile will not be accepted.
Proposal Evaluation
An Evaluation Committee will perform the evaluation of proposals. During this time, the
Procurement Director may, at her option, initiate discussions with vendors who submit responsive or
potentially responsive proposals for the purpose of clarifying aspects of the proposals, but proposals
may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by
the vendors.
Award Agreement
After review of the Evaluation Committee Report, Augusta, GA will offer the bid to the bidder in
which the proposals are deemed most advantageous. The evaluation factors set forth in this RFP
will be taken into consideration.
Attachment number 2 \nPage 34 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 35 of 40
Proposal Preparation
This section provides specific instructions on preparing your proposal.
General Preparation
• Bind each copy of your proposal in 3-ring binders.
• Number pages consecutively within a section using section and page numbering (e.g.,
Page 3-30).
• Follow the proposal outline in Section X. For each response, identify the RFP item to
which you are responding.
• Provide one (1) original and seven (7) copies to the Augusta, GA Procurement
Department.
Required Proposal Outline
The following chart details the required proposal outline and specifies the content of the proposal
sections.
Required Proposal Outline
Section
Number Section Title Section Content
Letter of Transmittal
1 Executive Summary Briefly describe the key elements of your
proposal. Limit to five pages.
2 Corporate Profile Detail information on Company Background,
Financial, Experience and Personnel
3 Required Services Responses to Section 3 of RFP
4 Contract Information
6 Exhibits
1. EXECUTIVE SUMMARY
Briefly describe the key elements of your proposal. Highlight any major features, functions, or
areas of support that differentiate your current ISP operation from your competitors’.
2. CORPORATE PROFILE
Company Background
Provide a brief overview and history of your company and specialties directed to this RFP.
Describe the organization of your company and include an organizational chart.
Financial Information
Provide financial information on your company (e.g., annual report, 10-K, Dunn & Bradstreet
Report).
Attachment number 2 \nPage 35 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 36 of 40
Comparable Experience
List three (3) examples of projects your company has been involved in related to design,
implementation, and/or operation of wireless networks that are similar in type, size, scale, or
complexity to the project outlined in this RFP. Examples should include the following:
• Provide a brief description of the work performed for each. Include the project name,
date of design, total capital, annual operating costs, time between project milestones,
marketing and sales performance.
• Describe the firm's experience in operating wireless networks similar to the network
outlined in this RFP.
• Company name, address, provided services, point of contact, and contact information;
i.e. phone number, e-mail address.
Personnel Qualifications
Provide the following information on staff and any subcontractors.
- Provide resume of the proposed project manager who would be responsible for the
day-to-day management of the network.
- Provide resumes for all key personnel proposed to be assigned to the project
(including any important subcontractors).
- Describe key personnel's proposed roles and responsibilities on this project.
3. REQUIRED SERVICES
Provide a brief overview on each of the following sections as outlined in Section III - RFP
Overview and Requirements including in detail the following:
Network Design
Summarize any network modifications you would require prior to taking over operation of
Augusta’s Wireless Broadband Network or acknowledge that you agree to use Augusta’s
current configuration.
Deployment of Network
Acknowledge that you understand that Augusta has deployed the majority of the wireless
network and that you will be responsible for deploying any new equipment.
City Assets
Acknowledge that you understand that Augusta will pay for all power to all equipment
currently installed.
Coverage/Maintenance
Acknowledge that you understand that Augusta requires 24/7 support and maintenance
on the network. Describe your plans to provide on-going support for maintenance of the
network. Describe if you will have full-time staff or use a sub-contractor for basic network
maintenance.
Expanding the Network
Describe if you intend to expand the current network described in the RFP. If so, please
give details on when and where the network would be expanded, include estimated cost,
equipment to be deployed and deployment schedule.
Attachment number 2 \nPage 36 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 37 of 40
Customer Care
Describe in detail your customer care operations.
- Location of Customer Care Center
o Number of employees
o Hours of operation: 7/24/365
o Experience with wireless broadband customers
- Billing System to be used
- Network operations strategy including network monitoring and operations center, field
service and network maintenance.
Marketing of Network
Describe your business plan for marketing the wireless network to residential,
businesses, and visitors including retail services. Identify if you desire to provide all free
service or bill for services. If you intend to bill for services identify your rate plans. The
business plan should address the following:
- Marketing strategy including mix of direct marketing and advertising.
- Projected annual marketing expenses.
- Subscriber equipment that will be offered to residential/business customers.
- Plan for providing wholesale services to competing retail providers.
Compensation Proposal
If any compensation is being proposed to Augusta, identify the amount of compensation
you are proposing and the method used to calculate the proposed compensation. All
pricing information is required to be enclosed in a separate sealed envelope
labeled – Pricing Information for RFP 13-192 Augusta Broadband Services along
with the vendor name.
Free Public Internet Access
Augusta requests the internet service provider to, at a minimum, provide free access
within the deployment area at a reduced speed. Please identify the speed available to
paying customers and free network users. If a totally free service offering is desired
please identify the speed proposed to the free network user and the method of securing
compensation desired.
Local Office
Describe if you intend to have a local office located within the deployment area. If not,
please detail how you will address billing, customer care and local maintenance issues.
Term of Contract
Augusta will award the ISP one (1) four (4) year contact. Augusta shall have the
authority to approve or disapprove any proposed option periods at its sole,
absolute discretion.
Environmental Factors
Acknowledge that you understand the Environmental Factors section of the RFP.
Security
Acknowledge that you understand the Security section of the RFP.
IEEE Wi-Fi Compliant and Privacy
Acknowledge that you understand the IEEE Compliant and Privacy section of the RFP.
Other Requirements
Acknowledge that you understand the Other Requirements section of the RFP.
Ownership
Acknowledge that you understand Augusta will retain ownership of all equipment
purchased as part of this agreement. All equipment will be leased to the ISP for the sum
of $1 for the duration of the contract.
Attachment number 2 \nPage 37 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 38 of 40
Exhibits
Appendix A (Map of Coverage Area)
Attachment number 2 \nPage 38 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 39 of 40
Appendix B (Augusta Infrastructure)
Attachment number 2 \nPage 39 of 40
Item # 3
RFP 13-191 Augusta Broadband Services
Page 40 of 40
Appendix C (Standalone Pole Attachment)
Attachment number 2 \nPage 40 of 40
Item # 3
Public Safety Committee Meeting
12/9/2013 1:00 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the Public Safety Committee
held on November 25, 2013.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 4
Attachment number 1 \nPage 1 of 5
Item # 4
Attachment number 1 \nPage 2 of 5
Item # 4
Attachment number 1 \nPage 3 of 5
Item # 4
Attachment number 1 \nPage 4 of 5
Item # 4
Attachment number 1 \nPage 5 of 5
Item # 4
Public Safety Committee Meeting
12/9/2013 1:00 PM
MOTION TO APPROVE CODE AMENDMENTS TO SECTION 6-6-1 THROUGH SECTION 6-6-36
AND ADD A NEW SECTION 6-6-37 REGARDING SECOND HAND GOODS AND FOR OTHER
PURPOSES
Department:Sheriff
Caption:An Ordinance to amend the Augusta, Georgia Code, Title 6
Chapter 6, Section 6-6-1 through Section 6-6-36, to add a new
section to be designated 6-6-37; to provide for additional
definitions; to clarify Code requirements as to books, DVDs, CDs
and other items; to provide updates; to repeal all Code
Sections and Ordinances and parts of Code Sections and
Ordinances in conflict herewith; to provide an effective date and
for other purposes.
Background:On May 21, 2013 the Augusta, Georgia Commission approved
Ordinance No. 7409 providing for operating standards for
Brokers, Pawnbrokers, Dealers in Precious Metals or Gems and
Itinerant Dealers in Precious Metals or Gems.
Analysis:The Sheriff’s Office recognizes the need to clarify the
requirements of Ordinance No. 7409 with respect to books,
DVDs, CDs and other items and to add additional definitions and
updates to such ordinance; and
Financial Impact:none.
Alternatives:n/a.
Recommendation:Approve.
Funds are Available
in the Following
Accounts:
n/a.
REVIEWED AND APPROVED BY:Cover Memo
Item # 5
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 5
Page 1 of 20
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6 CHAPTER 6,
SECTION 6-6-1 THROUGH SECTION 6-6-36, TO ADD A NEW SECTION TO BE
DESIGNATED 6-6-37; TO PROVIDE FOR ADDITIONAL DEFINITIONS; TO CLARIFY
CODE REQUIREMENTS AS TO BOOKS, DVDs, CDs AND OTHER ITEMS; TO PROVIDE
UPDATES; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF
CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN
EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, on May 21, 2013 the Augusta, Georgia Commission approved Ordinance No. 7409
providing for operating standards for Brokers, Pawnbrokers, Dealers in Precious Metals or Gems
and Itinerant Dealers in Precious Metals or Gems; and
WHEREAS, the Sheriff’s Office recognizes the need to clarify the requirements of Ordinance
No. 7409 with respect to books, DVDs, CDs and other items and to add additional definitions
and updates to such ordinance; and
THE AUGUSTA, GEORGIA COMMISSION ordains as follows:
SECTION 1. Section 6-6-1 through section 6-6-36 of AUGUSTA, GA CODE, Chapter 6, Title 6,
as amended May 21, 2013, is hereby amended by striking these sections in their entirety. New
sections 6-6-1 through 6-6-36 are hereby inserted to replace the repealed sections as set forth in
Exhibit “A” hereto.
SECTION 2. AUGUSTA, GA CODE, Chapter 6, Title 6, as amended May 21, 2013, is hereby
further amended to add new section to be designated section 6-6-37 as set forth in “Exhibit B”
hereto.
SECTION 3. This ordinance shall become effective upon its adoption in accordance with
applicable laws.
SECTION 4. All ordinances, parts of ordinances, policies, and procedures in conflict herewith
are hereby repealed.
Adopted this _____ day of__________, 2013.
__________________________
David S. Copenhaver
Attest: As its Mayor
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1 \nPage 1 of 20
Item # 5
Page 2 of 20
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta, Georgia Commission
on_________________, 2013 and that such Ordinance has not been modified or rescinded as of
the date hereof and the undersigned further certifies that attached hereto is a true copy of the
Ordinance which was approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
First Reading ______________________
Second Reading ______________________
Attachment number 1 \nPage 2 of 20
Item # 5
Page 3 of 20
Exhibit “A”
Replace existing with:
Chapter 6
SECONDHAND GOODS
ARTICLE 1. BROKERS, PAWNBROKERS, BOOK DEALERS, DEALERS IN PRECIOUS
METALS OR GEMS, AND ITINERANT DEALERS IN PRECIOUS METALS
OR GEMS.
Sec. 6-6-1. Definitions.
As used in this chapter, the following terms have the following meanings:
(a) "Book" means a literary or scientific work comprised of a number of sheets of paper,
parchment or other material with writing or printing on them, fastened together along at least one
edge, usually between protective covers. For purposes of this chapter "book" shall include all
magazines, journals, trade publications and posters containing words, pictures, diagrams, etc.
Electronic reading devices, such as tablets, laptops, netbooks and e-book readers are not
considered books for purposes of this chapter.
(b) "Book Dealer" means a Broker engaged in the business of buying or selling books as defined
in this chapter and having book sales comprise at least 60% of the gross receipts of the Broker’s
business.
(c) "Broker" means any person or business engaged, in whole or in part, in the business of
buying or selling tangible personal property, goods or merchandise of any description from
persons or sources other than manufacturers or business tax certified dealers. “Flea market
vendors” as defined by this chapter are not “brokers.”
(d) "Dealer in precious metals or gems" means any person engaged at a permanent location in
Richmond County in the business of purchasing precious metals or gems or goods made from
precious metals or gems from persons or sources other than manufacturers, manufacturers'
representatives, or other dealers in precious metals or gems; or any person engaged in any other
business if, in conjunction with such business, precious metals or gems or goods made from
precious metals or gems are purchased from persons or sources other than manufacturers,
manufacturers' representatives, or other dealers in precious metals or gems where such purchase
is for resale in its original form or as changed by remounting, melting, re-forming, remolding, or
recasting or for resale as scrap or in bulk.
(e) "Electronic Reporting System" means a computer based system, as specified by the Sheriff,
which is designed to record and transmit data and information electronically.
Attachment number 1 \nPage 3 of 20
Item # 5
Page 4 of 20
(f) "Fingerprint requirement" means each person selling any property subject to regulation by
this chapter, shall submit to having the fingerprint of the right hand thumb, unless such thumb is
missing, in which event the print of the next finger in existence on the right hand shall be
obtained with a notation as to the exact finger printed. The fingerprint shall be imprinted onto the
transaction form in the designated area along with the signature of the person selling the
property. The fingerprint must be clear and legible. In the event that more than one transaction
form is required, a fingerprint and signature will be obtained for each form. Fingerprints and the
information required herein shall be obtained each time such person pledges, trades, pawns,
exchanges, or sells any property regulated by this chapter. The fingerprint shall be taken with a
digital reader and uploaded to an electronic reporting system required by the Sheriff. Fingerprint
reader model is specified by the Sheriff's Office.
(g) "Flea market vendor" means a person that sells products or goods only at indoor or outdoor
flea markets or yards sales and is not a pawnbroker, book dealer, or a dealer in precious metals or
gems or an itinerant dealer in precious metals or gems.
(h) "Gems" means any precious or semiprecious stone which is cut and polished.
(i) "Itinerant Dealer in Precious Metals or Gems" means a person who, due to the temporary
manner in which the business is operated, is considered a 'transient vendor' and is required to
have an occupation tax certificate to operate a business in Augusta, Georgia as required in 6-5-3,
and who enters Augusta, Georgia on a temporary, itinerant basis for a period of time not more
than 15 days and advertises by any form of media communication to the public that it will buy,
sell or otherwise trade in and receive precious metals or gems at a nonpermanent location within
Augusta, Georgia.
(j) "Nonpermanent location" means any location designated to be used to conduct a business
engaged in dealing in precious metals or gems by an itinerant merchant, in any temporary place,
including but not limited to hotels or motels, any movable vehicle, or other temporary or
movable structure to be used to conduct such business for a limited or specific time.
(k) "Numismatic coins" means coins whose value as collectors' items exceeds the value of the
content of the precious metals in the coins.
(l) "Pawnbroker" means any person engaged in whole or in part in the business of lending
money on the security of pledged goods, or in the business of purchasing tangible personal
property on the condition that it may be redeemed or repurchased by the seller for a fixed price
within a fixed period of time, or in the business of purchasing tangible personal property from
persons or sources other than manufacturers or licensed dealers as a part of or in conjunction
with the business activities described in this section.
(m) "Pawn or pledge" means a bailment of personal property as security for any debt or
engagement, redeemable upon certain terms and with the power of sale on default.
Attachment number 1 \nPage 4 of 20
Item # 5
Page 5 of 20
(n) "Pawnshop" means any business wherein a substantial part thereof is to take or receive, by
way of pledge, pawn, consignment or exchange, any goods, wares, merchandise, or any kind of
personal property whatever, as security for the repayment of money lent thereon.
(o) "Pawnshop transaction" means to take or receive any article of property regulated by this
chapter from any customer, by pawning, pledging, trading, exchanging, purchasing, or other
means. Transactions involving the buying and selling of books (as defined by this chapter),
Digital Video Disks (DVDs), Compact Disks (CD’s), Cassette Tapes, and Audio Records are not
pawnshop transactions. Video Games, regardless of their format (DVD, CD, Cartridge, USB) are
pawnshop transactions.
(p) "Person" means an individual, partnership, corporation, joint venture, trust, association or
any other legal entity however organized.
(q) "Precious metals" means gold, silver, or platinum or any alloy containing gold, silver, or
platinum.
(r) "Proper identification" means anyone of the following:
(1) A Georgia driver's license which was properly issued by the appropriate state agency;
(2) A valid Georgia voter identification card or other valid identification card issued by a
branch, department, agency, or entity of the State of Georgia, any other state, or the
United States authorized by law to issue personal identification, provided that such
identification card contains a photograph of the customer;
(3) A valid United States passport;
(4) A valid employee identification card containing a photograph of the customer and
issued by any branch, department, agency, or entity of the United States government, this
state, or any county, municipality, board, authority, or other entity of this state;
(5) A valid United States military identification card, provided that such identification
card contains a photograph of the customer; or
(6) A valid tribal identification card containing a photograph of the customer.
(s) "Third party administrator" means any individual, business or corporation designated by the
Sheriff to administer the reporting requirements of this ordinance.
Sec. 6-6-2. Responsibility for Enforcement.
The Richmond County Sheriff’s Office shall have the responsibility for the enforcement of this
chapter. The Sheriff, or his representative, shall have the authority to inspect establishments
licensed under this chapter during the hours in which the premises are open for business. These
inspections shall be made for the purpose of verifying compliance with the requirements of this
Attachment number 1 \nPage 5 of 20
Item # 5
Page 6 of 20
chapter and state law. This section is not intended to limit the authority of any other Augusta,
Georgia officer or employee to conduct inspections authorized by other provisions of the
Augusta, GA Code.
Sec. 6-6-3. Business tax certificate required.
Any person, firm or corporation who does business in Richmond County as a Broker,
Pawnbroker, Book dealer, Dealer in Precious Metals or Gems, or Itinerant Dealers in Precious
Metals or Gems shall, before engaging in such business, obtain a business tax certificate in
accordance with Title 2, Chapter I of the Augusta Richmond County Code.
Sec. 6-6-4. Requirements of this Chapter in addition to requirements of Title 2, Chapter 1.
The provisions of this Chapter are intended to augment and be in addition to the provisions of
Title 2, Chapter 1 (Business Tax Certificate). Where this chapter imposes a greater restriction
upon persons, premises, businesses or practices than is imposed by Title 2, Chapter 1, this
chapter shall control.
Sec. 6-6-5. Compliance with State Law; exemption for used motor vehicle dealers and scrap
metal processors.
(a) Nothing in this Chapter shall relieve Brokers, Pawnbrokers, Book Dealers and other dealers
from the necessity of complying with state and federal law.
(b) Used motor vehicle dealers, dismantlers and salvage dealers (as defined by O.C.G.A. section
43-47-2) and scrap metal processors (as defined by O.C.G.A. section 43-43-1) are exempt from
the requirements of this chapter.
Sec. 6-6-6. Application: Broker, Pawnbroker, Book Dealer, Dealer in Precious Metals or Gems,
Itinerant Dealers in Precious Metals or Gems.
The application for said business shall be signed and dated by the applicant and contain answers
to the following questions:
(a) What is the kind of business to be operated?
(b) What is the name of the business?
(c) What is the location where such business is proposed to be carried on and the telephone
number of said location?
(d) What is the name of the applicant for the business tax certificate, and the home address and
telephone number of said applicant?
(e) Where has applicant resided for the six (6) months preceding the date of this application?
Attachment number 1 \nPage 6 of 20
Item # 5
Page 7 of 20
(f) What was the applicant's previous home address, and how long was applicant a resident
there?
(g) What is the Social Security number of said applicant?
(h) What are the names and addresses of all persons having an interest in said business?
(i) What interests do such persons have?
(j) Who is the landlord or owner of said location, and what is the address and telephone number
of said landlord or owner?
(k) Has the applicant or any person connected with or having an interest in said business:
(l) Been charged or convicted of any violation of law (other than minor traffic violations)
in any locality?
(2) Served time in prison, or other correctional institution?
If the answer to section (1) of the above question is 'yes', state circumstances in detail.
Information must be complete as to dates, charges, court of jurisdiction, and disposition for each
person. If the answer to section (2) of the above question is 'yes', state circumstances in detail.
Information must be complete as to charge on which convicted, name of prison or correctional
institution, length of time served, date of release from prison or correctional institution, or
whether on probate or parole, and the terms thereof.
(l) Give the name, home address and telephone number and place of employment of two (2)
persons who are residents of this county, who are familiar with your character and reputation.
All of the foregoing information is hereby given and all of the foregoing statements are hereby
made on oath, willfully, knowingly, and absolutely, and the same is and are hereby sworn to be
true under penalty for false swearing, as provided by law.
Applicant's Signature
Sworn to and subscribed before me, this ______day of 20____.
Notary Public
Sec. 6-6-7. Regulatory fee.
Any person, firm or corporation who does business in Augusta, Georgia as a Broker,
Pawnbroker, Book Dealer, Dealer in Precious Metals or Gems, Itinerant Dealers in Precious
Metals or Gems shall, before engaging in such business, pay such regulatory fee as is provided in
section 2-1-3(c) of the Augusta, Georgia Code.
Sec. 6-6-8. Right of suspension by Planning and Development Department: Revocation.
Attachment number 1 \nPage 7 of 20
Item # 5
Page 8 of 20
The Planning and Development Department shall have the right to immediately suspend, for
cause, any business tax certificate issued under this chapter whenever a person, firm or
corporation doing business shall deviate from the normal operation for which the business tax
certificate was obtained or fails in performance to meet the required regulations and code as set
forth by the Planning and Development Department, Sheriff’s office or Health department; or
violates any law or ordinance of the United States, or the state or Augusta, Georgia, in pursuance
of such business conducted under such business tax certificate; or when it shall be proven before
the Planning and Development Department that there is a violation of a nuisance law; or when
the health, morals, interests and convenience of the public demand the suspension of such
business tax certificate. The Planning and Development Department shall report the suspension
of such business tax certificate to the next regular or called meeting of the Commission, and shall
provide the licensee with at least three (3) days' notice of said meeting, at which meeting the
licensee may make such showing as he/she may deem proper. After a hearing, Commission shall
either continue the suspension, place the license on probation, permanently revoke the license, or
restore the license such that it remains in full force. A license granted hereunder shall also be
subject to revocation for cause, either with or without a prior suspension of the license.
Whenever, in the opinion of the Planning and Development Department, there is cause to revoke
the license, a written notice of intention to revoke it shall be furnished the holder thereof three
(3) days before a regular or called meeting of the Commission at which time the holder of the
license may make such showing as he/she may deem proper. After a hearing, the Commission
may revoke the license if, in its discretion, it is in the best interest, peace and good order of
Augusta, Georgia, or there has been any violation of the ordinances and code of Augusta,
Georgia, or the laws of the State of Georgia or the United States in the conduct of the place of
business.
Sec. 6-6-9. Conduct of business.
The following rules and regulations are hereby established, and shall govern the conduct and
operation of every place of business regulated by this chapter, and every person owning and
operating such place of business.
Sec. 6-6-10. Daily Electronic Reporting.
(a) All businesses regulated by this chapter shall make correct and truthful entries of information
as required by the applicable Section as soon after the transaction as possible and in no event
more than one hour after the applicable time set for closing of the business. The daily electronic
reporting shall be by an electronic reporting system required by the Sheriff. Every Broker,
Pawnshop and Book Dealer shall enter each transaction as it occurs into the electronic reporting
system via the internet to the administrator of the electronic reporting system. The administrator
of the electronic reporting system will electronically transmit all transactions to the Sheriff’s
Office.
(b) In the event that the electronic reporting system becomes temporarily or permanently
disabled, businesses will be notified as soon as possible by the Sheriff's Office. In this event, the
businesses will be required to make records of transactions in paper form as prescribed by the
Sheriff's Office. Such paper forms must include all information required under the applicable
Attachment number 1 \nPage 8 of 20
Item # 5
Page 9 of 20
Section related to the business. Businesses shall be responsible for maintaining an adequate
inventory of these forms.
(c) The Sheriff shall select and provide the required electronic reporting system software, and
designate the required fingerprint reader model to be purchased by the business.
Sec. 6-6-11. Recordkeeping Requirements. Brokers, Pawnbrokers and Book Dealers.
Except as otherwise provided in section 6-6-13, all Brokers, Pawnbrokers and Book Dealers
shall maintain records documenting all pawnshop transactions as follows:
(a) At the time of the actual transaction, Brokers, Pawnbrokers and Book Dealers shall complete
the transaction form designated by the Sheriff. The business owner shall maintain a copy of the
completed transaction form on the licensed premises for at least one (1) year after the date of the
transaction. However, the business owner shall maintain a copy of the transaction form either on
premise or off premise at a location within Richmond County approved by the Sheriff for not
less than four (4) years. Such records may be kept electronically as long as a copy of the
electronic records can be provided to the Sheriff or other law enforcement agency upon demand.
(b) The record required above shall contain:
(1) The time, date, and place of the transaction.
(2) A complete and accurate description of the goods acquired, including the following
information, if applicable:
a. Brand name (and if applicable, stock keeping unit (SKU)).
b. Model number
c. Manufacturer's serial number.
d. Size.
e. Color, as apparent to the untrained eye.
f. Precious metal type, weight, and content if known, as well as a digital
photograph.
g. Gemstone description, including the number of stones, if applicable, as well as
a digital photograph.
h. In the case of firearms, the type of action, caliber or gauge, number of barrels,
barrel length, and finish.
i. Any other unique identifying marks, numbers, or letters.
Attachment number 1 \nPage 9 of 20
Item # 5
Page 10 of 20
j. The price paid for the goods purchased.
k. A digital photograph of the items purchased.
(3) The Broker, Pawnbroker and Book Dealer shall require verification of identification
of the person from whom the goods are acquired by accepting only proper identification
as defined herein, as well as a description of the person including:
a. Full name, current residential address, workplace, and home and work phone
numbers.
b. Height, weight, date of birth, race, gender, hair color, eye color, and any other
identifying marks.
c. A Photo copy of the seller's proper identification.
d. A digital reader fingerprint of the seller's right hand thumb (see fingerprint
definition). The digital fingerprint file shall be uploaded to an electronic reporting
system required by the Sheriff.
(4) The record shall contain the type of identification exhibited, the issuing agency, and
the number thereon.
(5) The seller shall sign a statement verifying that the seller is the rightful owner of the
goods or is entitled to sell, consign, or trade the goods.
(6) Any other information required by the format designated by the Sheriff.
Sec. 6-6-12. Daily accurate report; false statements.
(a) Every Broker, Pawnbroker and Book Dealer (or his employees or agents) shall make correct
and truthful entries of the above-required information in the daily electronic reporting required in
Section 6-6-10.
(b) It shall be unlawful for a person engaged in the business of Broker, Pawnbroker or Book
Dealer to make any false entry in any report. Any person making any willfully false or
misleading statements in the report shall be punished as provided in section 6-6-22.
Sec. 6-6-13. Exceptions from certain record keeping requirements.
(a) Transactions involving the sale of books (as defined by this chapter), DVDs, CD’s, Cassette
Tapes and Audio Records, are not subject to the record keeping requirements of this chapter.
(b) Brokers, Pawnbrokers and Book Dealers may be excluded from the record keeping
requirements of section 6-6-11(b)(2)(k)(digital photograph) and section 6-6-
Attachment number 1 \nPage 10 of 20
Item # 5
Page 11 of 20
11(b)(3)(d)(fingerprint) for pawnshop transactions involving Video Games, provided such
person or business meets all of the following requirements:
(1) must make high quality video and audio recordings of every Video Game pawnshop
transaction; and
(2) must preserve such recordings for a minimum of 60 days following each transaction;
and must make such video recordings available to the Sheriff’s Office upon request without the
requirement of a warrant.
Sec. 6-6-14. Minors.
It is unlawful for any broker, pawnbroker, or agent or employee thereof to receive any article in
pawn or purchase any article for resale from any person under 17 years of age.
Sec. 6-6-15. Pawnbrokers; bond required.
In addition to the business tax certificate required by section 6-6-3 herein, it shall be unlawful for
any person to engage in the business of pawn broking within Richmond County without giving
bond, with two (2) good and approved securities, in the sum of five thousand dollars ($5,000.00),
conditioned to make good all damages sustained by the carelessness, neglect or unfair dealing of
such licensee.
Sec. 6-6-16. Premises open to Sheriff.
Every Broker, Pawnbroker and Book Dealer shall admit to his premises any Sheriff’s deputy,
who in the performance of official lawful duties may desire at any time to search for articles
missing or stolen, or to make any inspection authorized by this article, without the formality of a
search warrant.
Sec. 6-6-17. Inspection of pledges and purchases and records.
All articles pledged or sold to Brokers, Pawnbrokers and Book Dealers shall, at all times, be
subject to inspection and examination by the Sheriff. All records required to be kept by this
chapter or by policies of the Sheriff's Office shall be subject to inspection and examination by
the Sheriff.
Sec. 6-6-18. Goods held for 30 days; law enforcement holds.
(a) Any pawnbroker or person operating under a pawnbroker's license who takes goods on pawn
or buys goods, taking full title thereto, the word "goods" being used in the broadest sense and
including all kinds of personal property, shall hold the goods so taken in pawn or purchase for at
least 30 days before disposing of the goods by sale, transfer, shipment or otherwise. This
holding requirement shall not be applicable to books, DVDs, CDs, Cassette Tapes, Audio
Records and Video Games.
Attachment number 1 \nPage 11 of 20
Item # 5
Page 12 of 20
(b) The Richmond County Sheriff’s Office has the authority to place property that is the subject
of law enforcement investigation on "law enforcement hold." In that event, the Richmond
County Sheriff’s Office shall notify the pawnbroker of the need for a police hold and identify all
property subject to the police hold. Upon notification, it shall be the responsibility of the
pawnbroker to maintain the subject property until such time as the property is released from law
enforcement hold status or the property is confiscated as evidence.
Sec. 6-6-19. Pawnbrokers; amount of loan.
Upon all articles pawned the pawnbroker may advance such sum and for such time as may be
agreed on with the pawner.
Sec. 6-6-20. Sale of unredeemed articles; pawner's right of redemption.
Upon the failure of the pawner to redeem the articles pledged at the time agreed on, the
pawnbroker may, after the expiration of 30 days, sell such articles.
Sec. 6-6-21. Pawn tickets.
It shall be unlawful for any pawnbroker to fail to deliver to the pawner, at the time of the
pawning, a certificate or ticket, numbered to correspond with the number and description in the
record he is required by this chapter to keep.
Sec. 6-6-22. Sign.
It shall be unlawful for any pawnbroker to fail to affix the usual pawnbroker's sign, a three-ball
pendant, to his place of business, within five (5) days after receiving his pawnbroker's business
tax certificate.
Sec. 6-6-23. Money lenders, except banks and like institutions, as pawnbrokers.
Any person, except banks and other institutions of like character regulated and licensed solely by
the state, lending money on or purchasing personal property from individuals, shall be classed as
pawnbrokers and shall pay the fee required of pawnbrokers, and shall make daily reports to the
Sheriff’s Office of such loans or purchases, and shall in all other respects be subject to and
governed by the provisions of this chapter regulating the business of a pawnbroker.
Sec. 6-6-24. Penalties.
(a) Any person running a business as a Broker, Pawnbroker, or Book Dealer or any employee or
agent thereof, shall be punished as provided by Section 1-6-1, and, in addition, by the revocation
of the regulatory permit of the pawnbroker violating the provisions of any law or ordinance
pertaining to pawnbrokers.
(b) Any person running a business dealing in precious metals or gems, or any employee or agent
thereof, violating any of the provisions of this chapter shall be punished as provided by Section
Attachment number 1 \nPage 12 of 20
Item # 5
Page 13 of 20
1-6-1, and, in addition, by the revocation of the regulatory permit of the dealer in precious metals
or gems violating the provisions of any law or ordinance pertaining to dealers in precious metals
or gems.
(c) Any person running a business as an itinerant merchant dealing in precious metals or gems,
or any employee or agent thereof, violating any of the provisions of this chapter shall be
punished as provided by Section 1-6-1, and, in addition, by the revocation of the regulatory
permit of the itinerant merchant dealing in precious metals or gems violating the provisions of
any law or ordinance pertaining to dealers in precious metals or gems.
Sec. 6-6-25. Notice of intent to conduct business.
(a) Business Tax Certificate Required. Any person, firm or corporation who does business in
Richmond County as Dealers in Precious Metals or Gems shall, before engaging in such
business, obtain a business tax certificate in accordance with §6-6-3 and §6-6-4 of the Augusta,
GA Code.
Sec. 6-6-26. Dealers in Precious Metals or Gems; Registration and Regulatory Permit Required.
(a) No person shall engage in business as a dealer in precious metals or gems until he has
registered as a dealer in precious metals or gems for each separate place of business with the
Richmond County Sheriff’s Office and has applied for a regulatory permit to operate said
business in Richmond County. The registration and permit application shall be in writing and
shall be sworn to or affirmed by the dealer in precious metals or gems on a form as prescribed by
the Sheriff’s Office.
(b) The registration and permit application shall contain the full name, business address, home
address and date of birth of the dealer together with the full names, home addresses, and dates of
birth of all other persons having an ownership interest or actually employed in the business other
than publicly held corporations. In the case of a corporation, this list shall include full names,
dates of birth and titles of corporate officers and owners often or more percent of the common or
preferred stock.
(c) No person shall be eligible for a regulatory permit or to register as a dealer in precious metals
or gems if any owner, manager, employee or stockholder, other than stockholders owning less
than ten (10) percent of the outstanding shares of a publicly held corporation, has been convicted
of a felony under the laws of this state or any other state or the United States. This subsection
shall not apply to any person who has been convicted of a felony after ten years have expired
from the date of completion of the felony sentence. Prior to the issuance of an occupation tax
certificate and the regulatory permit, a background investigation shall be required for the
stockholders, owner(s), manager(s), and employee(s). If the eligibility requirements are met, then
the occupation tax certificate and the regulatory permit shall be issued, and the registration
allowed.
(d) Such occupation tax certificate and regulatory permit shall be for the calendar year and must
be renewed prior to the expiration date. All independent contractors must have the certificates
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Page 14 of 20
and permits required by this chapter. In addition, each applicant shall pay an initial registration
fee to the Richmond County Sheriff’s Office of $25.00 to cover the cost of registering such
persons. The registration shall be renewed annually upon presentation of a current tax certificate
and regulatory permit by the dealer.
(e) It shall be the responsibility of the Planning and Development Department to issue and
receive payment for the occupation tax certificate.
(f) It shall be the responsibility of the Sheriff or designee to issue and receive payment for the
regulatory permit. The cost of the regulatory permit shall be $25.00 for each individual listed on
the application and shall be used to cover the cost of the criminal history(s) and background
investigation of the applicant(s) investigation in addition to any fees charged by the State. The
Director of Planning and Development or his designated representative shall submit the
application after filing to the Sheriff’s Office. Each applicant authorizes the Sheriff’s Office and
its agents to secure from any court, law enforcement agency, or other public agency his criminal
history and the criminal history of all individuals required to be listed on the application,
including but not limited to sole proprietor, partners, members, corporate officers, stockholders,
and managers, and authorizes Augusta, Georgia to use such information in determining whether
the license applied for shall be issued. Each applicant waives any right that he would otherwise
have to preclude Augusta, Georgia or its agents from obtaining and using such information and
each applicant further waives any liability of Augusta, Georgia or its agents for obtaining and
using such information, and agrees to indemnify and hold Augusta, Georgia harmless against the
claims of any person listed by the applicant on the application and by doing so has authorized
Augusta, Georgia to investigate. The Sheriff’s Office shall make an arrest and conviction
investigation concerning any applicants hereunder and all individuals required to be listed on the
application, including but not limited to sole proprietor, partners, LLC members, corporate
officers, corporate stockholders, and managers. The Sheriff’s Office shall submit the results of
the investigation to the Director of Planning and Development or his designated representative
within 30 days of submission.
(g) All applications shall contain the address of the premises upon which the business is
conducted and the zoning classification of the premises.
(h) Each dealer shall be required to notify the Richmond County Sheriff’s Office in writing
within seven (7) calendar days of any change of address of the dealer or business or any change
of ownership in the business. A copy of the change of address or ownership in the business shall
be transmitted to the sheriff of the county within seven days of the notification.
Sec. 6-6-27. Recordkeeping Requirements.
(a) Every dealer in precious metals or gems shall maintain a record, in permanent form, in which
shall be entered at the time of each purchase of precious metals or gems or goods made from
precious metals or gems the following:
(1) The date and time of the purchase;
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Page 15 of 20
(2) The name of the person making the purchase from the seller;
(3) The name, age, and address of the seller of the items purchased and the distinctive
number from such seller's driver's license or other proper identification as defined herein,
containing a photo of the seller;
(4) A photocopy of the seller's proper identification.
(5) A digital reader fingerprint of the seller's right hand thumb (see fingerprint
definition). The digital fingerprint file shall be uploaded to an electronic reporting system
required by the Sheriff.
(6) A clear and accurate identification and description of the purchased goods, including
the serial, model, or other number, and all identifying marks inscribed thereon as well as
a digital photograph. If a criminal investigation occurs, the dealer in precious metals and
gems shall, upon request, provide a clear and legible copy of the image to the appropriate
law enforcement agency.
(7) The price paid for the goods purchased;
(8) The number of the check issued for the purchase price, if payment is made by check;
and
(9) The signature of the seller.
(b) The permanent record required by this Code section shall be in legible English. Entries shall
appear in chronological order. No blank lines may be left between entries. No obliterations,
alterations, or erasures may be made. Corrections shall be made by striking through the entry
without destroying its legibility. The record shall be maintained for each purchase of precious
metals or gems or goods made from precious metals or gems for at least one year on-site or for at
least two years off-site at a location within Richmond County approved by the Sheriff. Such
records may be kept electronically as long as a copy of the electronic records can be provided to
the Richmond County Sheriff’s Office or other law enforcement agency upon demand. The
record shall be open to the inspection of any duly authorized law enforcement officer during the
ordinary hours of business or at any reasonable time.
(c) Dealers exclusively engaged in buying or exchanging for merchandise scrap dental gold and
silver from licensed dentists by registered or certified mail or statutory overnight delivery may
record the post office record of the mailed parcel in lieu of the seller's age and proper
identification as required in paragraph (3) of subsection (a) of this Code section and in lieu of the
seller's signature as required in paragraph (7) of subsection (a) of this Code section.
Sec. 6-6-28. Daily electronic reporting required.
(a) Every dealer in precious metals or gems shall comply with the requirements for daily
electronic reporting as set forth in Section 6-6-10. The daily electronic reports shall contain the
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Page 16 of 20
information required in Section 6-6-27(a) (1)-(9) in a form approved or prescribed by the Sheriff
of all precious metals or gems or goods made from precious metals or gems purchased on the
day of the report.
(b) All reports shall be maintained in a secure location under the direct supervision of the
appropriate Sheriff’s Officer. All reports shall be available for inspection only for law
enforcement purposes as provided in O.C.G.A. Section 43-37-4(b) and (c) Any Sheriff’s Officer
may, in his discretion, authorize any person who demonstrates theft of precious metals or gems
by the presenting of an incident report or other similar document to inspect the reports at the
Sheriff’s Office in an effort to locate stolen property.
Sec. 6-6-29. Unlawful activities.
(a) It shall be unlawful for any dealer in precious metals or gems or any agent or employee of a
dealer in precious metals or gems who makes purchases of precious metals or gems or of goods
made from precious metals or gems to:
(1) Make any false statement in the permit application and registration provided for in
Section 6-6-26;
(2) fail to maintain and make entries in the permanent record as required by Section 6-6-
27;
(3) make any false entry in such permanent record;
(4) Falsify, obliterate, destroy, or remove from the place of business such permanent
record;
(5) Refuse to allow any duly authorized law enforcement officer to inspect such
permanent record, or any precious metals or gems or goods made from precious metals or
gems in his possession, during the ordinary hours of business or at any reasonable time;
(6) Sell, exchange, or remove from the legal possession of the buyer, or to alter the form
of, any precious metals or gems or goods made from precious metals or gems purchased
by remounting, melting, cutting up, or otherwise altering the original form until at least
10 calendar days have elapsed from the time of purchase or acquisition;
(7) Fail to make the report as required in this Chapter; or
(8) Purchase any precious metals or gems from any person under 17 years of age.
(b) It shall be unlawful for any person to advertise or transact business as a dealer in precious
metals or gems without first registering and obtaining the regulatory permit pursuant to the
requirements of this Chapter.
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(c) It shall be unlawful for any dealer in precious metals or gems to purchase precious metals in a
melted or smelted state unless the purchase is from a registered dealer in precious metals or
gems.
(d) If any Sheriff's officer has probable cause to believe that precious metals or gems have been
stolen, he may give notice in writing to the dealer to retain the precious metals or gems for an
additional 15 days; and it shall be unlawful for the dealer to dispose of the property unless the
notice is revoked in writing within the 15 day period.
Sec. 6-6-30. Applicability of Chapter.
(a) This Chapter shall not apply to any precious metals or gems containing precious metals or
gems obtained from industrial producers, manufacturers, licensed dealers, or distributors.
(b) This Chapter shall not apply to dealers exclusively engaged in the sale or exchange of
numismatic coins or to transactions exclusively involving numismatic coins or other coinage.
Sec. 6-6-31. Itinerant Dealers in Precious Metals or Gems. Applicability.
This section shall be applicable to all itinerant dealers of precious metals or gems, whether their
sales, trades and purchases are at retail or wholesale or by any form of pawn. Specifically
excluded are wholesalers, buyers and sellers who sell, trade and deal only with mercantile
establishments or purchase precious metals or gems from manufacturers, manufacturer's
representatives, or other dealers in precious metals or gems.
Sec. 6-6-32. Notice of intent to conduct business.
(a) Business Tax Certificate Required. Any person, firm or corporation who does business in
Richmond County as an Itinerant Dealers in Precious Metals or Gems shall, before engaging in
such business, obtain a business tax certificate in accordance with section 6-6-3 and section 6-6-
4 of the Augusta, GA Code.
(b) Permit required. It shall be unlawful for any person to engage in activities as an itinerant
dealer in precious metals or gems in Richmond County without having obtained a valid permit
for each separate location and for each person engaging in said activities. Prior to advertising any
buying, selling, trading or otherwise dealing in precious metals or gems, an itinerant dealer shall,
at least three (3) business days prior to the initial advertising, file with the Sheriff’s Office an
application for a regulatory permit to conduct the business of itinerant dealer in precious metals
or gems in Richmond County.
(c) Such application shall include the following:
(1) Full name of the person, group or association, and its address;
(2) The name of the person who will be conducting business in Richmond County and his
home address, including proper identification as defined;
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(3) The length of the stay in Richmond County, including the dates of opening and
closing, at each fixed location not to exceed 15 days;
(4) The fingerprints of the person or persons who will be conducting such business in
Richmond County; and
(5) Where the business will be conducted, and during what hours; except that no itinerant
dealers in precious metals or gems shall operate at any location in Richmond County
between the hours of 6:00 p.m. and 8:00 a.m. Monday through Saturday or during any
hours on Sunday.
(d) No person who has been convicted of a felony under the laws of this state or any other state
of the United States shall be eligible to receive a regulatory permit to conduct business as an
itinerant merchant of precious metals or gems within Richmond County. This paragraph shall not
apply to any person who has been convicted of a felony after ten years have expired from the
date of completion of the felony sentence. Prior to the issuance of the regulatory permit, a
background investigation shall be required for each person who will be conducting business in
Richmond County. If the eligibility requirements are met, then the regulatory permit shall be
issued for each person meeting the requirements. The provisions of Section 6-6-24 shall apply to
the background investigation required herein.
(e) Each regulatory permit issued pursuant to this section shall be nontransferable and valid for
period of time listed by the applicant in response to paragraph (c) (3) above, not to exceed 15
days.
(f) Every itinerant dealer shall admit to the premises where business is being conducted any
Sheriff's officer, who in the performance of official lawful duties as prescribed by the Sheriff,
may desire at any time to search for articles missing or stolen, or to make any inspection of
records authorized by this chapter, without the formality of a search warrant.
Sec. 6-6-33. Records. All itinerant dealers, both salesmen and buyers, of precious metals or gems
shall keep records wherein shall be entered an accurate description of all property pledged,
traded or sold by them. Such description shall include to the extent possible the name or the
make of the article, any identifying mark or number, and a statement of the kind of material of
which it is made. In such records there shall be entered also the full name and address of the
person by whom same was deposited or sold, and the time when the same was done, and the
name, address, date of birth and drivers' license number of seller; and a photocopy of the proper
identification. In the event the seller does not have a drivers' license, other proper identification
as defined shall be required and photocopied. All purchased items shall be digitally
photographed. These entries shall be made as soon after the transaction as is possible but in no
event more than one hour after the time given for daily close of business in section 6-6-32(c)(5)
above. Such records may be kept electronically as long as a copy of the electronic records can be
provided to the Richmond County Sheriff or other law enforcement agency upon demand.
Sec. 6-6-34. Daily Accurate Report to Sheriff’s Office.
Attachment number 1 \nPage 18 of 20
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Every traveling and itinerant dealer shall make a report to the Sheriff's Office, as required in
Section 6-6-10 (Daily Electronic Reporting). The report shall be in such form as may be
prescribed by the Sheriff, of all property pledged, traded, bought or sold during the period of
operation in Richmond County, and shall show the name and address of any person who bought,
sold, traded or otherwise disposed of or received any item; the date and time of the transaction;
the amount paid or advanced, or the item traded; the full description of articles, including kind,
style, material, color, design, kind and number of stones in jewelry; and all identifying names,
ranks, and numbers; and a description of persons trading, buying, selling or pawning, including
the name, address, race, weight, height, photocopy of proper ID and digital thumbprint of said
person. (See fingerprint requirement).
Sec. 6-6-35. Surrender of stolen property.
In the event it is determined that any item bought, sold or traded to, or received by the itinerant
dealer, salesman or buyer is the subject of any theft of crime, the dealer, salesman or itinerant
buyer shall, upon demand of the Sheriff, surrender the same to the Sheriff’s Office.
Sec. 6-6-36. Holding period.
(a) Except as provided in sub-section (c) below, every item covered by this chapter which is
purchased from one seller shall be separately packaged, or kept separately, and not intermingled
or confused with items purchased from another seller, for a period of 30 days following the
purchase of such item.
(b) Except as provided in sub-section (c) below, no person engaging in the purchase of items
regulated by this chapter, shall sell or otherwise dispose of, permit the sale or disposal of,
remove or permit to be removed from the license holder's place of business, intermingle with
other similar items, alter, change or deface any such items until after the expiration of 30 days
from the date of purchase.
(c) The holding period and other requirements of sub-sections (a) and (b) above shall not be
applicable to pawnshop transactions involving the sale of Video Games.
Attachment number 1 \nPage 19 of 20
Item # 5
Page 20 of 20
Exhibit “B”
Add new:
Sec. 6-6-37. Unlawful activities.
It is unlawful for any itinerant dealer of precious metals or gems to purchase any precious metals
or gems from any person under 17 years of age.
Attachment number 1 \nPage 20 of 20
Item # 5
Page 1 of 17
Chapter 6
SECONDHAND GOODS
ARTICLE 1. BROKERS, PAWNBROKERS, BOOK DEALERS, DEALERS IN PRECIOUS
METALS OR GEMS, AND ITINERANT DEALERS IN PRECIOUS METALS
OR GEMS.
Sec. 6-6-1. Definitions.
As used in this articlechapter, the following terms have the following meanings:
(a) "Book" means a literary or scientific work comprised of a number of sheets of paper,
parchment or other material with writing or printing on them, fastened together along at least one
edge, usually between protective covers. For purposes of this chapter "book" shall include all
magazines, journals, trade publications and posters containing words, pictures, diagrams, etc.
Electronic reading devices, such as tablets, laptops, netbooks and e-book readers are not
considered books for purposes of this chapter.
(b) "Book Dealer" means a Broker engaged in the business of buying or selling books as defined
in this chapter and having book sales comprise at least 60% of the gross receipts of the Broker’s
business.
(c) "Broker" means any person or business engaged, in whole or in part, in the business of
buying or selling tangible personal property, goods or merchandise of any description from
persons or sources other than manufacturers or business tax certified dealers. “Flea market
vendors” as defined by this chapter are not “brokers.”
(d) "Dealer in precious metals or gems" means any person engaged at a permanent location in
Richmond County in the business of purchasing precious metals or gems or goods made from
precious metals or gems from persons or sources other than manufacturers, manufacturers'
representatives, or other dealers in precious metals or gems; or any person engaged in any other
business if, in conjunction with such business, precious metals or gems or goods made from
precious metals or gems are purchased from persons or sources other than manufacturers,
manufacturers' representatives, or other dealers in precious metals or gems where such purchase
is for resale in its original form or as changed by remounting, melting, re-forming, remolding, or
recasting or for resale as scrap or in bulk.
(e) "Electronic Reporting System" means a computer based system, as specified by the Sheriff,
which is designed to record and transmit data and information electronically.
(f) "Fingerprint requirement" means each person selling any property subject to regulation by
this chapter, shall submit to having the fingerprint of the right hand thumb, unless such thumb is
missing, in which event the print of the next finger in existence on the right hand shall be
obtained with a notation as to the exact finger printed. The fingerprint shall be imprinted onto the
transaction form in the designated area along with the signature of the person selling the
Attachment number 2 \nPage 1 of 17
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Page 2 of 17
property. The fingerprint must be clear and legible. In the event that more than one transaction
form is required, a fingerprint and signature will be obtained for each form. Fingerprints and the
information required herein shall be obtained each time such person pledges, trades, pawns,
exchanges, or sells any property regulated by this chapter. The fingerprint shall be taken with a
digital reader and uploaded to an electronic reporting system required by the Sheriff. Fingerprint
reader model is specified by the Sheriff's Office.
(g) "Flea market vendor" means a person that sells products or goods only at indoor or outdoor
flea markets or yards sales and is not a pawnbroker, book dealer, or a dealer in precious metals or
gems or an itinerant dealer in precious metals or gems.
(h) "Gems" means any precious or semiprecious stone which is cut and polished.
(i) "Itinerant Dealer in Precious Metals or Gems" means a person who, due to the temporary
manner in which the business is operated, is considered a 'transient vendor' and is required to
have an occupation tax certificate to operate a business in Augusta, Georgia as required in 6-5-3,
and who enters Augusta, Georgia on a temporary, itinerant basis for a period of time not more
than 15 days and advertises by any form of media communication to the public that it will buy,
sell or otherwise trade in and receive precious metals or gems at a nonpermanent location within
Augusta, Georgia.
(j) "Nonpermanent location" means any location designated to be used to conduct a business
engaged in dealing in precious metals or gems by an itinerant merchant, in any temporary place,
including but not limited to hotels or motels, any movable vehicle, or other temporary or
movable structure to be used to conduct such business for a limited or specific time.
(k) "Numismatic coins" means coins whose value as collectors' items exceeds the value of the
content of the precious metals in the coins.
(l) "Pawnbroker" means any person engaged in whole or in part in the business of lending
money on the security of pledged goods, or in the business of purchasing tangible personal
property on the condition that it may be redeemed or repurchased by the seller for a fixed price
within a fixed period of time, or in the business of purchasing tangible personal property from
persons or sources other than manufacturers or licensed dealers as a part of or in conjunction
with the business activities described in this section.
(m) "Pawn or pledge" means a bailment of personal property as security for any debt or
engagement, redeemable upon certain terms and with the power of sale on default.
(n) "Pawnshop" means any business wherein a substantial part thereof is to take or receive, by
way of pledge, pawn, consignment or exchange, any goods, wares, merchandise, or any kind of
personal property whatever, as security for the repayment of money lent thereon.
(o) "Pawnshop transaction" means to take or receive any article of property or, regulated by this
chapter from any customer, by pawning, pledging, trading, exchanging, purchasing, or other
means. Transactions involving the buying and selling of books (as defined by this chapter),
Attachment number 2 \nPage 2 of 17
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Page 3 of 17
Digital Video Disks (DVDs), Compact Disks (CD’s), Cassette Tapes, and Audio Records are not
pawnshop transactions. Video Games, regardless of their format (DVD, CD, Cartridge, USB) are
pawnshop transactions.
(p) "Person" means an individual, partnership, corporation, joint venture, trust, association or
any other legal entity however organized.
(q) "Precious metals" means gold, silver, or platinum or any alloy containing gold, silver, or
platinum.
(r) "Proper identification" means anyone of the following:
(1) A Georgia driver's license which was properly issued by the appropriate state agency;
(2) A valid Georgia voter identification card or other valid identification card issued by a
branch, department, agency, or entity of the State of Georgia, any other state, or the
United States authorized by law to issue personal identification, provided that such
identification card contains a photograph of the customer;
(3) A valid United States passport;
(4) A valid employee identification card containing a photograph of the customer and
issued by any branch, department, agency, or entity of the United States government, this
state, or any county, municipality, board, authority, or other entity of this state;
(5) A valid United States military identification card, provided that such identification
card contains a photograph of the customer; or
(6) A valid tribal identification card containing a photograph of the customer.
(s) "Third party administrator" means any individual, business or corporation designated by the
Sheriff to administer the reporting requirements of this ordinance.
Sec. 6-6-2. Responsibility for Enforcement.
The Richmond County Sheriff’s Office shall have the responsibility for the enforcement of this
articlechapter. The Sheriff, or his representative, shall have the authority to inspect
establishments licensed under this chapter during the hours in which the premises are open for
business. These inspections shall be made for the purpose of verifying compliance with the
requirements of this chapter and state law. This section is not intended to limit the authority of
any other Augusta, Georgia officer or employee to conduct inspections authorized by other
provisions of the Augusta, GA Code.
Sec. 6-6-3. Business tax certificate required.
Attachment number 2 \nPage 3 of 17
Item # 5
Page 4 of 17
Any person, firm or corporation who does business in Richmond County as a Broker,
Pawnbroker, Book dealer, Dealer in Precious Metals or Gems, or Itinerant Dealers in Precious
Metals or Gems shall, before engaging in such business, obtain a business tax certificate in
accordance with Title 2, Chapter I of the Augusta Richmond County Code.
Sec. 6-6-4. Requirements of this ArticleChapter in addition to requirements of Title 2, Chapter 1.
The provisions of this Chapter are intended to augment and be in addition to the provisions of
Title 2, Chapter 1 (Business Tax Certificate). Where this chapter imposes a greater restriction
upon persons, premises, businesses or practices than is imposed by Title 2, Chapter 1, this
chapter shall control.
Sec. 6-6-5. Compliance with State Law; exemption for used motor vehicle dealers and scrap
metal processors..
(a) Nothing in this Chapter shall relieve Brokers, pPawnbrokers, or Book Dealers and other
dealers in precious metals or gems from the necessity of complying with state and federal law.
(b) Used motor vehicle dealers, dismantlers and salvage dealers (as defined by O.C.G.A. section
43-47-2) and scrap metal processors (as defined by O.C.G.A. section 43-43-1) are exempt from
the requirements of this chapter.
Sec. 6-6-6. Application: Broker, Pawnbroker, Book Dealer, Dealer in Precious Metals or Gems,
Itinerant Dealers in Precious Metals or Gems.
The application for said business shall be signed and dated by the applicant and contain answers
to the following questions:
(a) What is the kind of business to be operated?
(b) What is the name of the business?
(c) What is the location where such business is proposed to be carried on and the telephone
number of said location?
(d) What is the name of the applicant for the business tax certificate, and the home address and
telephone number of said applicant?
(e) Where has applicant resided for the six (6) months preceding the date of this application?
(f) What was the applicant's previous home address, and how long was applicant a resident
there?
(g) What is the Social Security number of said applicant?
Attachment number 2 \nPage 4 of 17
Item # 5
Page 5 of 17
(h) What are the names and addresses of all persons having an interest in said business?
(i) What interests do such persons have?
(j) Who is the landlord or owner of said location, and what is the address and telephone number
of said landlord or owner?
(k) Has the applicant or any person connected with or having an interest in said business:
(l) Been charged or convicted of any violation of law (other than minor traffic violations)
in any locality?
(2) Served time in prison, or other correctional institution?
(l) If the answer to section (1) of the above question is 'yes', state circumstances in detail.
Information must be complete as to dates, charges, court of jurisdiction, and disposition for each
person. If the answer to section (2) of the above question is 'yes', state circumstances in detail.
Information must be complete as to charge on which convicted, name of prison or correctional
institution, length of time served, date of release from prison or correctional institution, or
whether on probate or parole, and the terms thereof.
(l) Give the name, home address and telephone number and place of employment of two (2)
persons who are residents of this county, who are familiar with your character and reputation.
All of the foregoing information is hereby given and all of the foregoing statements are hereby
made on oath, willfully, knowingly, and absolutely, and the same is and are hereby sworn to be
true under penalty for false swearing, as provided by law.
Applicant's Signature
Sworn to and subscribed before me, this ______day of 20____.
Notary Public
Sec. 6-6-7. Regulatory fee.
Any person, firm or corporation who does business in Augusta, Georgia-Richmond County as a
Broker, Pawnbroker, Book Dealer, Dealer in Precious Metals or Gems, Itinerant Dealers in
Precious Metals or Gems shall, before engaging in such business, pay such regulatory fee as is
provided in section 2-1-3(c) of the Augusta-Richmond CountyAugusta, Georgia Code.
Sec. 6-6-8. Right of suspension by Planning and Development Department: Revocation.
The Planning and Development Department shall have the right to immediately suspend, for
cause, any business tax certificate issued under this articlechapter whenever a person, firm or
corporation doing business shall deviate from the normal operation for which the business tax
certificate was obtained or fails in performance to meet the required regulations and code as set
forth by the Planning and Development Department, Sheriff ’s office or Health department; or
Attachment number 2 \nPage 5 of 17
Item # 5
Page 6 of 17
violates any law or ordinance of the United States, or the state or Augusta, Georgia, in pursuance
of such business conducted under such business tax certificate; or when it shall be proven before
the Planning and Development Department that there is a violation of a nuisance law; or when
the health, morals, interests and convenience of the public demand the suspension of such
business tax certificate. The Planning and Development Department shall report the suspension
of such business tax certificate to the next regular or called meeting of the Commission, and shall
provide the licensee with at least three (3) days' notice of said meeting, at which meeting the
licensee may make such showing as he/she may deem proper. After a hearing, Commission shall
either continue the suspension, place the license on probation, permanently revoke the license, or
restore the license such that it remains in full force. A license granted hereunder shall also be
subject to revocation for cause, either with or without a prior suspension of the license.
Whenever, in the opinion of the Planning and Development Department, there is cause to revoke
the license, a written notice of intention to revoke it shall be furnished the holder thereof three
(3) days before a regular or called meeting of the Commission at which time the holder of the
license may make such showing as he/she may deem proper. After a hearing, the Commission
may revoke the license if, in its discretion, it is in the best interest, peace and good order of
Augusta, Georgia, or there has been any violation of the ordinances and code of Augusta,
Georgia, or the laws of the State of Georgia or the United States in the conduct of the place of
business.
Sec. 6-6-9. Conduct of business.
The following rules and regulations are hereby established, and shall govern the conduct and
operation of every such place of business regulated by this chapter,, and every person owning
and operating such place of business.
Sec. 6-6-10. Daily Electronic Reporting.
(a) All businesses regulated by this articlechapter shall make correct and truthful entries of
information as required by the applicable Section as soon after the transaction as possible and in
no event more than one hour after the applicable time set for closing of the business. The daily
electronic reporting shall be by an electronic reporting system required by the Sheriff. Every
Broker, pPawnshop and Book Dealer shall enter each transaction as it occurs into the electronic
reporting system via the internet to the administrator of the electronic reporting system. The
administrator of the electronic reporting system will electronically transmit all transactions to the
police department Sheriff’s Office.
(b) In the event that the electronic reporting system becomes temporarily or permanently
disabled, businesses will be notified as soon as possible by the Sheriff's Office. In this event, the
businesses will be required to make records of transactions in paper form as prescribed by the
Sheriff's Office. Such paper forms must include all information required under the applicable
Section related to the business. Businesses shall be responsible for maintaining an adequate
inventory of these forms.
(c) The Sheriff shall select and provide the required electronic reporting system software, and
designate the required fingerprint reader model to be purchased by
Attachment number 2 \nPage 6 of 17
Item # 5
Page 7 of 17
the business.
Sec. 6-6-11. Recordkeeping Requirements. Brokers, and Pawnbrokers and Book Dealers.
Except as otherwise provided in section 6-6-13, Aall Brokers, and Pawnbrokers and Book
Dealers shall maintain records documenting all pawnshop transactions as follows:
(a) At the time of the actual transaction, Brokers, pPawnbrokers and Book Dealers shall
complete the transaction form designated by the Sheriff. A pawnbroker The business owner
shall maintain a copy of the completed transaction form on the licensed premises for at least one
(1) year after the date of the transaction. However, the pawnbroker business owner shall maintain
a copy of the transaction form either on premise or off premise at a location within Richmond
County approved by the Sheriff for not less than four (4) years. Such records may be kept
electronically as long as a copy of the electronic records can be provided to the Sheriff or other
law enforcement agency upon demand.
(b) The record required above shall contain:
(1) The time, date, and place of the transaction.
(2) A complete and accurate description of the goods acquired, including the following
information, if applicable:
a. Brand name (and if applicable, stock keeping unit (SKU)).
b. Model number.
c. Manufacturer's serial number.
d. Size.
e. Color, as apparent to the untrained eye.
f. Precious metal type, weight, and content if known, as well as a digital
photograph.
g. Gemstone description, including the number of stones, if applicable, as well as
a digital photograph.
h. In the case of firearms, the type of action, caliber or gauge, number of barrels,
barrel length, and finish.
i. Any other unique identifying marks, numbers, or letters.
j. The price paid for the goods purchased.
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Item # 5
Page 8 of 17
k. A digital photograph of the items purchased.
(3) The Broker and, Pawnbroker and Book Dealer shall require verification of
identification of the person from whom the goods are acquired by accepting only proper
identification as defined herein, as well as a description of the person including:
a. Full name, current residential address, workplace, and home and work phone
numbers.
b. Height, weight, date of birth, race, gender, hair color, eye color, and any other
identifying marks.
c. A Photo copy of the seller's proper identification.
d. A digital reader fingerprint of the seller's right hand thumb (see fingerprint
definition). The digital fingerprint file shall be uploaded to an electronic reporting
system required by the Sheriff.
(4) The record shall contain the type of identification exhibited, the issuing agency, and
the number thereon.
(5) The seller shall sign a statement verifying that the seller is the rightful owner of the
goods or is entitled to sell, consign, or trade the goods.
(6) Any other information required by the format designated by the Sheriff.
Sec. 6-6-12. Daily accurate report; false statements.
(a) Every Broker, and Pawnbroker and Book Dealer (or , his employees or agents,) shall make
correct and truthful entries of the above-required information in the daily electronic reporting
required in Section 6-6-10.
(b) It shall be unlawful for a person engaged in the business of Broker, pPawnbroker or Book
Dealer to make any false entry in any report. Any person making any willfully false or
misleading statements in the report shall be punished as provided in section 6-6-22.
Sec. 6-6-13. Exceptions from certain record keeping requirements.
(a) Transactions involving the sale of books (as defined by this chapter), DVDs, CD’s, Cassette
Tapes and Audio Records, are not subject to the record keeping requirements of this chapter.
(b) Brokers, Pawnbrokers and Book Dealers may be excluded from the record keeping
requirements of section 6-6-11(b)(2)(k)(digital photograph) and section 6-6-
11(b)(3)(d)(fingerprint) for pawnshop transactions involving Video Games, provided such
person or business meets all of the following requirements:
Attachment number 2 \nPage 8 of 17
Item # 5
Page 9 of 17
(1) must make high quality video and audio recordings of every Video Game pawnshop
transaction; and
(2) must preserve such recordings for a minimum of 60 days following each transaction;
and must make such video recordings available to the Sheriff’s Office upon request without the
requirement of a warrant.
Sec. 6-6-14. Minors.
It is unlawful for any broker, pawnbroker, or agent or employee thereof to receive any article in
pawn or purchase any article for resale from any person under 17 years of age.
Sec. 6-6-15. Pawnbrokers; bond required.
In addition to the business tax certificate required by section 6-6-3 herein, it shall be unlawful for
any person to engage in the business of pawn broking within Richmond County without giving
bond, with two (2) good and approved securities, in the sum of five thousand dollars ($5,000.00),
conditioned to make good all damages sustained by the carelessness, neglect or unfair dealing of
such licensee.
Sec. 6-6-16. Premises open to Sheriff.
Every Broker, and Pawnbroker and Book Dealer shall admit to his premises any Sheriff’s
deputy, who in the performance of official lawful duties as prescribed by the Sheriff may desire
at any time to search for articles missing or stolen, or to make any inspection authorized by this
article, without the formality of a search warrant.
Sec. 6-6-17. Inspection of pledges and purchases and records.
All articles pledged or sold to Brokers, pPawnbrokers and Book Dealers shall, at all times, be
subject to inspection and examination by the Sheriff. All records required to be kept by this
chapter or by policies of the Sheriff's Office shall be subject to inspection and examination by
the Sheriff.
Sec. 6-6-18. Goods held for 30 days; law enforcement holds.
(a) Any pawnbroker or person operating under a pawnbroker's license who takes goods on pawn
or buys goods, taking full title thereto, the word "goods" being used in the broadest sense and
including all kinds of personal property, shall hold the goods so taken in pawn or purchase for at
least 30 days before disposing of the goods by sale, transfer, shipment or otherwise. This
holding requirement shall not be applicable to books, DVDs, CDs, Cassette Tapes, Audio
Records and Video Games.
(b) The Richmond County Sheriff’s Office has the authority to place property that is the subject
of law enforcement investigation on "law enforcement hold." In that event, the Richmond
Attachment number 2 \nPage 9 of 17
Item # 5
Page 10 of 17
County Sheriff’s Office shall notify the pawnbroker of the need for a police hold and identify all
property subject to the police hold. Upon notification, it shall be the responsibility of the
pawnbroker to maintain the subject property until such time as the property is released from law
enforcement hold status or the property is confiscated as evidence.
Sec. 6-6-19. Pawnbrokers; amount of loan.
Upon all articles pawned the pawnbroker may advance such sum and for such time as may be
agreed on with the pawner.
Sec. 6-6-20. Sale of unredeemed articles; pawner's right of redemption.
Upon the failure of the pawner to redeem the articles pledged at the time agreed on, the
pawnbroker may, after the expiration of 30 days, sell such articles; provided, that six (6) daily
notices of sale are given through two (2) newspapers; provided, further, that the pawner shall
have the privilege of redeeming such articles up to the time of the sale.
Sec. 6-6-21. Pawn tickets.
It shall be unlawful for any pawnbroker to fail to deliver to the pawner, at the time of the
pawning, a certificate or ticket, numbered to correspond with the number and description in the
record he is required by this chapter to keep.
Sec. 6-6-22. Sign.
It shall be unlawful for any pawnbroker to fail to affix the usual pawnbroker's sign, a three-ball
pendant, to his place of business, within five (5) days after receiving his pawnbroker's business
tax certificate.
Sec. 6-6-23. Money lenders, except banks and like institutions, as pawnbrokers.
Any person, except banks and other institutions of like character regulated and licensed solely by
the state, lending money on or purchasing personal property from individuals, shall be classed as
pawnbrokers and shall pay the fee required of pawnbrokers, and shall make daily reports to the
Sheriff’s Office of such loans or purchases, and shall in all other respects be subject to and
governed by the provisions of this articlechapter regulating the business of a pawnbroker.
Sec. 6-6-24. Penalties.
(a) Any person running a business as a Broker, or Pawnbroker, or Book Dealer or any employee
or agent thereof, shall be punished as provided by Section 1-6-1, and, in addition, by the
revocation of the regulatory permit of the pawnbroker violating the provisions of any law or
ordinance pertaining to pawnbrokers.
(b) Any person running a business dealing in precious metals or gems, or any employee or agent
thereof, violating any of the provisions of this chapter shall be punished as provided by Section
Attachment number 2 \nPage 10 of 17
Item # 5
Page 11 of 17
1-6-1, and, in addition, by the revocation of the regulatory permit of the dealer in precious metals
or gems violating the provisions of any law or ordinance pertaining to dealers in precious metals
or gems.
(c) Any person running a business as an itinerant merchant dealing in precious metals or gems,
or any employee or agent thereof, violating any of the provisions of this chapter shall be
punished as provided by Section 1-6-1, and, in addition, by the revocation of the regulatory
permit of the itinerant merchant dealing in precious metals or gems violating the provisions of
any law or ordinance pertaining to dealers in precious metals or gems.
Sec. 6-6-25. Notice of intent to conduct business.
(a) Business Tax Certificate Required. Any person, firm or corporation who does business in
Richmond County as Dealers in Precious Metals or Gems shall, before engaging in such
business, obtain a business tax certificate in accordance with §6-6-3 and §6-6-4 of the Augusta,
GA Code.
Sec. 6-6-26. Dealers in Precious Metals or Gems; Registration and Regulatory Permit Required.
(a) No person shall engage in business as a dealer in precious metals or gems until he has
registered as a dealer in precious metals or gems for each separate place of business with the
Richmond County Sheriff’s Office and has applied for a regulatory permit to operate said
business in Richmond County. The registration and permit application shall be in writing and
shall be sworn to or affirmed by the dealer in precious metals or gems on a form as prescribed by
the Sheriff’s Office.
(b) The registration and permit application shall contain the full name, business address, home
address and date of birth of the dealer together with the full names, home addresses, and dates of
birth of all other persons having an ownership interest or actually employed in the business other
than publicly held corporations. In the case of a corporation, this list shall include full names,
dates of birth and titles of corporate officers and owners often or more percent of the common or
preferred stock.
(c) No person shall be eligible for a regulatory permit or to register as a dealer in precious metals
or gems if any owner, manager, employee or stockholder, other than stockholders owning less
than ten (10) percent of the outstanding shares of a publicly held corporation, has been convicted
of a felony under the laws of this state or any other state or the United States. This subsection
shall not apply to any person who has been convicted of a felony after ten years have expired
from the date of completion of the felony sentence. Prior to the issuance of an occupation tax
certificate and the regulatory permit, a background investigation shall be required for the
stockholders, owner(s), manager(s), and employee(s). If the eligibility requirements are met, then
the occupation tax certificate and the regulatory permit shall be issued, and the registration
allowed.
(d) Such occupation tax certificate and regulatory permit shall be for the calendar year and must
be renewed prior to the expiration date. All independent contractors must have the certificates
Attachment number 2 \nPage 11 of 17
Item # 5
Page 12 of 17
and permits required by this chapter. In addition, each applicant shall pay an initial registration
fee to the Richmond County Sheriff’s Office of $25.00 to cover the cost of registering such
persons. The registration shall be renewed annually upon presentation of a current tax certificate
and regulatory permit by the dealer.
(e) It shall be the responsibility of the Planning and Development Department to issue and
receive payment for the occupation tax certificate.
(f) It shall be the responsibility of the Sheriff or designee to issue and receive payment for the
regulatory permit. The cost of the regulatory permit shall be $25.00 for each individual listed on
the application and shall be used to cover the cost of the criminal history(s) and background
investigation of the applicant(s) investigation in addition to any fees charged by the State. The
Director of Planning and Development or his designated representative shall submit the
application after filing to the Sheriff’s Office. Each applicant authorizes the Sheriff’s Office and
its agents to secure from any court, law enforcement agency, or other public agency his criminal
history and the criminal history of all individuals required to be listed on the application,
including but not limited to sole proprietor, partners, members, corporate officers, stockholders,
and managers, and authorizes Augusta, Georgia to use such information in determining whether
the license applied for shall be issued. Each applicant waives any right that he would otherwise
have to preclude Augusta, Georgia or its agents from obtaining and using such information and
each applicant further waives any liability of Augusta, Georgia or its agents for obtaining and
using such information, and agrees to indemnify and hold Augusta, Georgia harmless against the
claims of any person listed by the applicant on the application and by doing so has authorized
Augusta, Georgia to investigate. The Sheriff’s Office shall make an arrest and conviction
investigation concerning any applicants hereunder and all individuals required to be listed on the
application, including but not limited to sole proprietor, partners, LLC members, corporate
officers, corporate stockholders, and managers. The Sheriff’s Office shall submit the results of
the investigation to the Director of Planning and Development or his designated representative
within 30 days of submission.
(g) All applications shall contain the address of the premises upon which the business is
conducted and the zoning classification of the premises.
(h) Each dealer shall be required to notify the Richmond County Sheriff’s Office in writing
within seven (7) calendar days of any change of address of the dealer or business or any change
of ownership in the business. A copy of the change of address or ownership in the business shall
be transmitted to the sheriff of the county within seven days of the notification.
Sec. 6-6-27. Recordkeeping Requirements.
(a) Every dealer in precious metals or gems shall maintain a record, in permanent form, in which
shall be entered at the time of each purchase of precious metals or gems or goods made from
precious metals or gems the following:
(1) The date and time of the purchase;
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Item # 5
Page 13 of 17
(2) The name of the person making the purchase from the seller;
(3) The name, age, and address of the seller of the items purchased and the distinctive
number from such seller's driver's license or other proper identification as defined herein,
containing a photo of the seller;
(4) A photocopy of the seller's proper identification.
(5) A digital reader fingerprint of the seller's right hand thumb (see fingerprint
definition). The digital fingerprint file shall be uploaded to an electronic reporting system
required by the Sheriff.
(6) A clear and accurate identification and description of the purchased goods, including
the serial, model, or other number, and all identifying marks inscribed thereon as well as
a digital photograph. If a criminal investigation occurs, the dealer in precious metals and
gems shall, upon request, provide a clear and legible copy of the image to the appropriate
law enforcement agency.
(7) The price paid for the goods purchased;
(8) The number of the check issued for the purchase price, if payment is made by check;
and
(9) The signature of the seller.
(b) The permanent record required by this Code section shall be in legible English. Entries shall
appear in chronological order. No blank lines may be left between entries. No obliterations,
alterations, or erasures may be made. Corrections shall be made by striking through the entry
without destroying its legibility. The record shall be maintained for each purchase of precious
metals or gems or goods made from precious metals or gems for at least one year on-site or for at
least two years off-site at a location within Richmond County approved by the Sheriff. Such
records may be kept electronically as long as a copy of the electronic records can be provided to
the Richmond County Sheriff’s Office or other law enforcement agency upon demand. The
record shall be open to the inspection of any duly authorized law enforcement officer during the
ordinary hours of business or at any reasonable time.
(c) Dealers exclusively engaged in buying or exchanging for merchandise scrap dental gold and
silver from licensed dentists by registered or certified mail or statutory overnight delivery may
record the post office record of the mailed parcel in lieu of the seller's age and proper
identification as required in paragraph (3) of subsection (a) of this Code section and in lieu of the
seller's signature as required in paragraph (7) of subsection (a) of this Code section.
Sec. 6-6-28. Daily electronic reporting required.
(a) Every dealer in precious metals or gems shall comply with the requirements for daily
electronic reporting as set forth in Section 6-6-10. The daily electronic reports shall contain the
Attachment number 2 \nPage 13 of 17
Item # 5
Page 14 of 17
information required in Section 6-6-27(a) (1)-(9) in a form approved or prescribed by the Sheriff
of all precious metals or gems or goods made from precious metals or gems purchased on the
day of the report.
(b) All reports shall be maintained in a secure location under the direct supervision of the
appropriate Sheriff’s Officer. All reports shall be available for inspection only for law
enforcement purposes as provided in O.C.G.A. Section 43-37-4(b) and (c) Any Sheriff’s Officer
may, in his discretion, authorize any person who demonstrates theft of precious metals or gems
by the presenting of an incident report or other similar document to inspect the reports at the
Sheriff’s Office in an effort to locate stolen property.
Sec. 6-6-29. Unlawful activities.
(a) It shall be unlawful for any dealer in precious metals or gems or any agent or employee of a
dealer in precious metals or gems who makes purchases of precious metals or gems or of goods
made from precious metals or gems to:
(1) Make any false statement in the permit application and registration provided for in
Section 6-6-26;
(2) fail to maintain and make entries in the permanent record as required by Section 6-6-
27;
(3) make any false entry in such permanent record;
(4) Falsify, obliterate, destroy, or remove from the place of business such permanent
record;
(5) Refuse to allow any duly authorized law enforcement officer to inspect such
permanent record, or any precious metals or gems or goods made from precious metals or
gems in his possession, during the ordinary hours of business or at any reasonable time;
(6) Sell, exchange, or remove from the legal possession of the buyer, or to alter the form
of, any precious metals or gems or goods made from precious metals or gems purchased
by remounting, melting, cutting up, or otherwise altering the original form until at least
10 calendar days have elapsed from the time of purchase or acquisition;
(7) Fail to make the report as required in this ArticleChapter; or
(8) Purchase any precious metals or gems from any person under 17 years of age.
(b) It shall be unlawful for any person to advertise or transact business as a dealer in precious
metals or gems without first registering and obtaining the regulatory permit pursuant to the
requirements of this ArticleChapter.
Attachment number 2 \nPage 14 of 17
Item # 5
Page 15 of 17
(c) It shall be unlawful for any dealer in precious metals or gems to purchase precious metals in a
melted or smelted state unless the purchase is from a registered dealer in precious metals or
gems.
(d) If any Sheriff's officer has probable cause to believe that precious metals or gems have been
stolen, he may give notice in writing to the dealer to retain the precious metals or gems for an
additional 15 days; and it shall be unlawful for the dealer to dispose of the property unless the
notice is revoked in writing within the 15 day period.
Sec. 6-6-30. Applicability of ArticleChapter.
(a) This ArticleChapter shall not apply to any precious metals or gems containing precious
metals or gems obtained from industrial producers, manufacturers, licensed dealers, or
distributors.
(b) This ArticleChapter shall not apply to dealers exclusively engaged in the sale or exchange of
numismatic coins or to transactions exclusively involving numismatic coins or other coinage.
Sec. 6-6-31. Itinerant Dealers in Precious Metals or Gems. Applicability.
This section shall be applicable to all itinerant dealers of precious metals or gems, whether their
sales, trades and purchases are at retail or wholesale or by any form of pawn. Specifically
excluded are wholesalers, buyers and sellers who sell, trade and deal only with mercantile
establishments or purchase precious metals or gems from manufacturers, manufacturer's
representatives, or other dealers in precious metals or gems.
Sec. 6-6-32. Notice of intent to conduct business.
(a) Business Tax Certificate Required. Any person, firm or corporation who does business in
Richmond County as an Itinerant Dealers in Precious Metals or Gems shall, before engaging in
such business, obtain a business tax certificate in accordance with §section 6-6-3 and §section 6-
6-4 of the Augusta, GA Code.
(b) Permit required. It shall be unlawful for any person to engage in activities as an itinerant
dealer in precious metals or gems in Richmond County without having obtained a valid permit
for each separate location and for each person engaging in said activities. Prior to advertising any
buying, selling, trading or otherwise dealing in precious metals or gems, an itinerant dealer shall,
at least three (3) business days prior to the initial advertising, file with the Sheriff’s Office an
application for a regulatory permit to conduct the business of itinerant dealer in precious metals
or gems in Richmond County.
(c) Such application shall include the following:
(1) Full name of the person, group or association, and its address;
Attachment number 2 \nPage 15 of 17
Item # 5
Page 16 of 17
(2) The name of the person who will be conducting business in Richmond County and his
home address, including proper identification as defined;
(3) The length of the stay in Richmond County, including the dates of opening and
closing, at each fixed location not to exceed 15 days;
(4) The fingerprints of the person or persons who will be conducting such business in
Richmond County; and
(5) Where the business will be conducted, and during what hours; except that no itinerant
dealers in precious metals or gems shall operate at any location in Richmond County
between the hours of 6:00 p.m. and 8:00 a.m. Monday through Saturday or during any
hours on Sunday.
(d) No person who has been convicted of a felony under the laws of this state or any other state
of the United States shall be eligible to receive a regulatory permit to conduct business as an
itinerant merchant of precious metals or gems within Richmond County. This paragraph shall not
apply to any person who has been convicted of a felony after ten years have expired from the
date of completion of the felony sentence. Prior to the issuance of the regulatory permit, a
background investigation shall be required for each person who will be conducting business in
Richmond County. If the eligibility requirements are met, then the regulatory permit shall be
issued for each person meeting the requirements. The provisions of Section 6-6-24(£) shall apply
to the background investigation required herein.
(e) Each regulatory permit issued pursuant to this section shall be nontransferable and valid for
period of time listed by the applicant in response to paragraph (c) (3) above, not to exceed 15
days.
(f) Every itinerant dealer shall admit to the premises where business is being conducted any
Sheriff's officer, who in the performance of official lawful duties as prescribed by the Sheriff,
may desire at any time to search for articles missing or stolen, or to make any inspection of
records authorized by this chapter, without the formality of a search warrant.
Sec. 6-6-33. Records. All itinerant dealers, both salesmen and buyers, of precious metals or gems
shall keep records wherein shall be entered an accurate description of all property pledged,
traded or sold by them. Such description shall include to the extent possible the name or the
make of the article, any identifying mark or number, and a statement of the kind of material of
which it is made. In such records there shall be entered also the full name and address of the
person by whom same was deposited or sold, and the time when the same was done, and the
name, address, date of birth and drivers' license number of seller; and a photocopy of the proper
identification. In the event the seller does not have a drivers' license, other proper identification
as defined shall be required and photocopied. All purchased items shall be digitally
photographed. These entries shall be made as soon after the transaction as is possible but in no
event more than one hour after the time given for daily close of business in Ssection 6-6-321
(c)(5) above. Such records may be kept electronically as long as a copy of the electronic records
can be provided to the Richmond County Sheriff or other law enforcement agency upon demand.
Attachment number 2 \nPage 16 of 17
Item # 5
Page 17 of 17
Sec. 6-6-34. Daily Accurate Report to policeSheriff’s Office.
Every traveling and itinerant dealer shall make a report to the Sheriff's Office, as required in
Section 6-6-10 (Daily Electronic Reporting). The report shall be in such form as may be
prescribed by the Sheriff, of all property pledged, traded, bought or sold during the period of
operation in Richmond County, and shall show the name and address of any person who bought,
sold, traded or otherwise disposed of or received any item; the date and time of the transaction;
the amount paid or advanced, or the item traded; the full description of articles, including kind,
style, material, color, design, kind and number of stones in jewelry; and all identifying names,
ranks, and numbers; and a description of persons trading, buying, selling or pawning, including
the name, address, race, weight, height, photocopy of proper ID and digital thumbprint of said
person. (See fingerprint requirement).
Sec. 6-6-35. Surrender of stolen property.
In the event it is determined that any item bought, sold or traded to, or received by the itinerant
dealer, salesman or buyer is the subject of any theft of crime, the dealer, salesman or itinerant
buyer shall, upon demand of the Sheriff, surrender the same to the Sheriff’s Office.
Sec. 6-6-36. Holding period.
(a) Except as provided in sub-section (c) below, Eevery item covered by this sectionchapter
which is purchased from one seller shall be separately packaged, or kept separately, and not
intermingled or confused with items purchased from another seller, for a period of thirty30 days
following the purchase of such item.
(b) Except as provided in sub-section (c) below, Nno person engaging in the purchase of
precious metals or items regulated by as defined this chapter, shall sell or otherwise dispose of,
permit the sale or disposal of, remove or permit to be removed from the license holder's place of
business, intermingle with other similarjewelry or stones items, alter, change or , deface any such
items or permit the same of any such precious metals or stones purchased, until after the
expiration of thirty30 days from the date of purchase.
(c) The holding period and other requirements of sub-sections (a) and (b) above shall not be
applicable to pawnshop transactions involving the sale of Video Games.
Sec. 6-6-37. Unlawful activities.
It is unlawful for any itinerant dealer of precious metals or gems to purchase any precious metals
or gems from any person under 17 years of age.
Attachment number 2 \nPage 17 of 17
Item # 5
Public Safety Committee Meeting
12/9/2013 1:00 PM
Motion to Approve Extending Medical Services Contract for Calendar Year 2014
Department:Fire
Caption:Motion to approve extending contract for medical direction
services provided to the Fire Department for the 2014 calendar
year as allowable in the contract.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:Approve
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Administrator
Clerk of Commission
Cover Memo
Item # 6
1
AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE MEDICAL COLLEGE OF GEORGIA PHYSICIANS
PRACTICE GROUP FOUNDATION AND CONSOLIDATED GOVERNMENT
OF AUGUSTA, GEORGIA
THIS AMENDMENT (“Amendment”), made as of the 17th day of December,
2013 (the “Effective Date”), is by and between the Consolidated Government of Augusta,
Georgia (“Augusta”), and The Medical College of Georgia Physicians Practice Group
Consultant d/b/a Georgia Regents Medical Associates (the “Consultant”) and serves as an
amendment to the agreement for the Augusta, Georgia Fire Department EMS medical
director services executed by Augusta on November 4, 2013, and by Consultant on
October 23, 2013 (the “Agreement”). For purposes of this Amendment, the Consultant
and Augusta are sometimes collectively referred to as the “Parties,” and each individually
referred to as a “Party.”
WHEREAS, the Agreement expires on December 31, 2013; and
WHEREAS, the Parties present wish to extend the Agreement on the terms and
conditions contained in the Agreement.
NOW, THEREFORE, the parties hereby agree as follows:
1. Term. Pursuant to section 4.1 of the Agreement, the term of the Agreement is
extended through December 31, 2014.
2. Modifications to Agreement. Except as expressly set forth or as necessary to
carry out the terms of this Amendment and the Agreement, no amendment of the terms of
the Agreement is intended hereby and the Agreement and all its terms and conditions
shall remain in full force and effect.
3. Entirety. This Amendment is hereby incorporated into the Agreement, and
together, the Agreement and this Amendment contain the entire agreement between the
parties as to the matters contained therein. Any oral representations or modifications
concerning this Agreement shall be of no force and effect.
4. Severability. The invalidity of one or more of the phrases, sentences, clauses or
Sections contained in this Amendment shall not affect the validity of the remaining
portion of the Amendment so long as the material purposes of this Amendment can be
determined and effectuated.
5. Counterparts. This Amendment may be executed in one or more counterparts,
each of which shall for all purposes be deemed to be an original and all of which shall
constitute the same instrument.
By the signatures below the parties indicate their acceptance of this Amendment.
Attachment number 1 \nPage 1 of 2
Item # 6
2
THE MEDICAL COLLEGE OF GEORGIA
PHYSICIANS PRACTICE GROUP FOUNDATION
By: ___________________________
Name: ________________________
Title: _________________________
Date of Execution:________________
THE CONSOLIDATED GOVERNMENT OF
AUGUSTA, GA
By: ___________________________
Name: ________________________
Title: _________________________
Date of Execution:________________
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Public Safety Committee Meeting
12/9/2013 1:00 PM
Motion to Approve Mutual Aid Agreement with GRU
Department:Fire
Caption:Motion to approve mutual aid agreement with GRU.
Background:Annual renewal of mutual aid required by federal and state law for
GRU.
Analysis:
Financial Impact:
Alternatives:
Recommendation:Approve
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Administrator
Clerk of Commission
Cover Memo
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Public Safety Committee Meeting
12/9/2013 1:00 PM
Woolpert and Azteca Cityworks Contracts
Department:Information Technology
Caption:Approve contracts with Woolpert and Azteca for the
implementation of Cityworks Software and associated hardware
for the Augusta Utilities Department.
Background:The Augusta Utilities Department (AUD) has been a user of
Lucity (formerly GBA) software since 1999. The primary function
of this software, which is known as a Computerized Maintenance
Management System (CMMS), is used for managing work
requests, work orders, and utilities assets. The Lucity software
tools have remained fairly static since the initial
implementation. Multiple upgrades to the software have taken
place, but these changes have yielded no significant updates to the
user interface, and the changes in software capability have not
benefited AUD in regard to efficiency improvements. In 2012,
AUD began to explore alternative software offerings, specifically
in order to improve the ability of personnel in the field to have
better access to work order and asset management
information. Additionally, AUD wants to improve workflow and
streamline business processes within the department so that
efficiency gains can be seen across the entire organization.
Analysis:AUD sought out a new vendor for a CMMS through an RFQ
process managed by the Procurement Department. Six statements
of qualification were received from interested vendors. The
selection committee reviewed the proposals and recommended
Woolpert as the implementer for Cityworks AMS (Asset
Management System) software. Woolpert’s proposal has already
been approved by the Augusta Commission in October 2013, but
the contracts for the software were not part of the AUD submittal.
Cityworks is a capable, GIS-centric software that, when
implemented, has the potential to vastly improve AUD’s
productivity and efficiency. Woolpert’s role will be implementer
of the software, and a key part of their participation will be
exploring AUD’s business processes, recommending changes, and
customizing the software as needed. This agenda item includes the
technology contracts as well as hardware (servers and mobile
devices) and associated licensing that is needed for
Cover Memo
Item # 8
implementation. Finally, this software package has the potential to
replace Lucity throughout the government. Due to its nature as a
very GIS-centric software program, the benefits that AUD derives
from the software could eventually be realized elsewhere,
especially in 311, Planning & Development, Engineering, and
Recreation, Parks, and Facilities.
Financial Impact:AUD will be funding this project. The technology components
covered under this agenda item should not exceed $100,000. The
entire project will not exceed $727,355.
Alternatives:N/A
Recommendation:Approve contracts with Woolpert and Azteca for the
implementation of Cityworks Software and associated hardware
for the Augusta Utilities Department
Funds are Available
in the Following
Accounts:
507043490-5424120 / 81300015-5424120
REVIEWED AND APPROVED BY:
Procurement.
Information Technology.
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 8
City of Augusta, Georgia
Utilities Department
Cityworks Enterprise Asset Management System
Implementation
STATEMENT OF WORK
July 2, 2013
Attachment number 1 \nPage 1 of 43
Item # 8
Statement of Work
Cityworks Enterprise Asset Management System Implementation
City of Augusta, Georgia
Utilities Department
July 2, 2013
Prepared by Woolpert, Inc.
375 North Ridge Road, Suite 100
Atlanta, GA 30350
www.woolpert.com
Attachment number 1 \nPage 2 of 43
Item # 8
Cityworks Enterprise Asset Management System Implementation
Statement of Work
City of Augusta, Georgia – Utilities Department
July 2, 2013 i
CONTENTS
DOCUMENT ACCEPTANCE ....................................................................... iii
CHANGE CONTROL ............................................................................... iii
GENERAL ........................................................................................... 1
PROJECT MANAGEMENT ........................................................................ 2
Task PM.1: Project Administration .............................................................................. 2
Task PM.2: Project Kick-Off Meeting ........................................................................... 2
Task PM.3: Project Schedule Coordination .................................................................... 3
Task PM.4: Client Status Meetings .............................................................................. 3
Task PM.5: Internal Coordination Meetings .................................................................... 4
TECHNICAL APPROACH .......................................................................... 5
PHASE 1 – IMPLEMENTATION PLANNING .................................................................... 6
Task 1.1: Conduct Pre-Planning Discovery ................................................................... 6
Task 1.2: Install and Configure Core Cityworks AMS Software in a Sandbox Environment .......... 7
Task 1.3: Conduct Core Team Training ....................................................................... 8
Task 1.4: Conduct Business Process Reviews ................................................................ 9
Task 1.5: Phase 1 Quality Control ........................................................................... 11
Task 1.6: Phase Acceptance and Close ..................................................................... 11
PHASE 2 – CORE SYSTEM DESIGN AND CONFIGURATION ................................................... 12
Task 2.1: Prepare Configuration Documentation ......................................................... 12
Task 2.2: Core Cityworks AMS Configuration .............................................................. 12
Task 2.3: Cityworks Storeroom Configuration ............................................................. 14
Task 2.4: Cityworks AMS – CCTV Integration Configuration ............................................. 16
Task 2.5: Review and Approval of Updated System Configuration and Documentation ........... 17
Task 2.6: Provide Cityworks AMS Software Demonstrations ............................................ 17
Task 2.7: Phase 2 Quality Control ........................................................................... 18
Task 2.8: Phase Acceptance and Close ..................................................................... 18
PHASE 3 – ADVANCED AMS FUNCTIONALITY DEVELOPMENT & CONFIGURATION ......................... 19
Task 3.1: Application Interfaces ............................................................................. 19
Task 3.2: Perform Data Conversion of Legacy Data Sets ................................................ 24
Task 3.3: Develop Custom Reports and Dashboards ...................................................... 25
Task 3.4: Develop and Deploy Mobile AMS Applications ................................................. 26
Task 3.5: Phase 3 Quality Control ........................................................................... 27
Task 3.6: Phase Acceptance and Close ..................................................................... 27
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Cityworks Enterprise Asset Management System Implementation
Statement of Work
City of Augusta, Georgia – Utilities Department
July 2, 2013 ii
PHASE 4 – SYSTEM DEPLOYMENT.......................................................................... 28
Task 4.1: Develop Test Plan .................................................................................. 28
Task 4.2: Provide Tester Training ........................................................................... 29
Task 4.3: User Acceptance Testing in Development Environment..................................... 30
Task 4.4: Provide End-User Training ........................................................................ 31
Task 4.5: Provide Go-Live Support .......................................................................... 32
Task 4.6: Phase 4 Quality Control ........................................................................... 33
Task 4.7: Phase Acceptance and Close ..................................................................... 33
PHASE 5 – EXTENDED SUPPORT ........................................................................... 34
CITYWORKS AMS SOFTWARE LICENSING .................................................... 35
PROJECT COSTS ................................................................................. 36
PROJECT SCHEDULE ............................................................................ 38
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Item # 8
Cityworks Enterprise Asset Management System Implementation
Statement of Work
City of Augusta, Georgia – Utilities Department
July 2, 2013 iii
DOCUMENT ACCEPTANCE
Table 1: Document Acceptance
Name
Client, Project Manager Date:
Name
Woolpert, Project Manager Date:
Name
Woolpert, Project Director Date:
CHANGE CONTROL
Table 2: Document Control
Change Record
Date Author Version Change Reference
File name: Statement of Work_Cityworks AMS Implementation_Cityof
Augusta_Version01_20130702.docx
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Item # 8
Cityworks Enterprise Asset Management System Implementation
Scope of Work
City of Augusta, Georgia – Utilities Department
July 2, 2013 1
GENERAL
The City of Augusta Cityworks Server AMS implementation project consists of four main components:
1. Implementation of Cityworks Server AMS software (including Storeroom for materials management,
and an integration to the City’s existing CCTV pipe inspection application),
2. Integration of Cityworks Server AMS with the City’s Motorola CSR application (for service requests),
3. Integration of the Cityworks Server AMS solution with the City’s Customer Information System (yet
to be selected and implemented), and
4. Conversion of legacy data into the Cityworks Server PLL database.
There are many related tasks and sub-tasks that have to be properly executed to ensure a successful
outcome to this important project (such as business process review, custom application configuration,
training, and testing). Our project methodology addresses all of the details of this complex project
and ensures all aspects (people, processes, and technology) are comprehensively addressed in a logical
order.
Our approach includes many opportunities for our technical staff to work alongside Client staff to
transfer knowledge, such that by the time we take you live with your new Cityworks Server AMS solu-
tion, you will be system experts in your own right.
Services, and associated deliverables, are categorized into four (4) major phases, as presented in the
following sections. Completion of each phase (in order) will culminate with the execution of a Phase
Acceptance and Close document signifying the Client’s acceptance of the services rendered to date and
authorization for Woolpert to proceed with work on the next subsequent task. Each of these phases,
along with the relevant tasks / Subtasks is described in detail in the following sections.
Our project plan and associated budget and schedule were developed based on the following bounding
assumptions based on the City’s RFP and subsequent discussions with Utilities Department staff:
• The following Utility Divisions will be implemented in the first phase (this Scope of Services)
o Water Distribution
o Sewer Collections
o Lift Stations
• Water Distribution and Sewer Collections can be implemented as a common track
• The system will support a multitude of service request, work order, and inspection workflows
• Work orders will be configured to support the range of maintenance activities including preventa-
tive maintenance, scheduled corrective maintenance, un-planned reactive maintenance
• System configuration (service requests, work orders, inspections, and system reports) will provide
full support of the City’s CMOM program and meet existing permitting and consent order require-
ments
• Full system implementation is to occur over a multi-year period and include system use at the Wa-
ter Treatment Plant, integration of SCADA systems, and advanced asset sustainability functionality.
Future phases have not yet been scoped or scheduled
• The City is to identify and empower a Project Manager
• The City is to identify and empower two power users from each of the utility divisions to be imple-
mented (water distribution, sewer collections, lift stations) for a total of six power users and one
project manager. This will constitute the Client Core Team.
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Cityworks Enterprise Asset Management System Implementation
Scope of Work
City of Augusta, Georgia – Utilities Department
July 2, 2013 2
PROJECT MANAGEMENT
TASK PM.1: PROJECT ADMINISTRATION
Woolpert will provide the following general project management services:
· Develop, in cooperation with the Client’s project manager, a project plan and schedule;
· Proactively manage and update project plan and schedule, as required, throughout the duration of
the project. Project plan and schedule modifications will be facilitated upon common agreement
between the Client and Woolpert in accordance with the issue control process detailed in the pro-
ject plan;
· Coordinate project events with the Client’s project manager and Woolpert team members;
· Author, edit, review, and distribute project documentation and technical reports as required;
· Facilitate in-process review meetings with the Client’s project manager, committees, manage-
ment, and end-users as scheduled, and appropriate, throughout the duration of the project;
· Perform miscellaneous project administration (e.g. arrange travel, internal project updates); and
· Anticipate problem areas and propose and facilitate solutions
Deliverables
· Draft and final project plan
· Monthly project status reports
· On-going project management, including resource allocation, invoicing and general consulting
· Password protected project collaboration environment and issue log management
Assumptions
· The activities discussed in this section will begin once a Written Notice-to-Proceed is received from
the Client
Client Responsibilities
· Assemble a team of domain and technical experts and have representation of all divisions / work
groups involved throughout all phases of the project
· Provide a point of contact for all project management issues and questions
· Review, comment and accept draft project work plan within five days of document delivery
· Schedule appropriate internal staff and provide facilities for on-site meetings and off-site confer-
ence calls
· Review and accept project status reports, or otherwise provide comments on same within a rea-
sonable time frame
TASK PM.2: PROJECT KICK-OFF MEETING
As soon as is reasonably feasible, following receipt of the Written Notice to Proceed, Woolpert’s pro-
ject manager will work with the Client’s project manager to schedule the kick-off meeting. This meet-
ing will be facilitated on-site at the Client’s offices for the purpose of: 1) establishing the necessary
Project Management protocols to be adhered to by all stakeholders, 2) reviewing the Client’s imple-
mentation goals and objectives with all team members, 3) identifying any Client-owned source docu-
mentation necessary to support the project, 4) identifying all critical path schedule milestones, and 5)
addressing any outstanding scope or schedule questions that Client stakeholders may have. Said meet-
ing shall be of a duration suitable for addressing each of the items previously listed. Development of
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Cityworks Enterprise Asset Management System Implementation
Scope of Work
City of Augusta, Georgia – Utilities Department
July 2, 2013 3
the kick-off meeting agenda shall be the joint responsibility of Woolpert’s and the Client’s project
managers.
Deliverables
· Kickoff meeting agenda
· On-site project kick-off meeting (half day)
Assumptions
· The activities discussed in this section will begin once a Written Notice-to-Proceed is received from
the Client
Client Responsibilities
· Schedule meeting space and supporting technology peripherals suitable for the kick-off meeting
· Coordinate and schedule meeting attendees
TASK PM.3: PROJECT SCHEDULE COORDINATION
Project schedule coordination and management will be performed using Microsoft Project software.
Project schedules and tasks will be monitored and adjusted as needed, depending upon the Client’s
priorities and ability make its staff and facilities available at the appropriate times throughout the pro-
ject. An updated project schedule delineating resources, scheduled tasks, and completed tasks will be
maintained and available to all Woolpert and Client project participants.
Deliverables
· Project schedule maintained and monitored on an on-going basis
Assumptions
· The activities discussed in this section will begin once a Written Notice-to-Proceed is received from
the Client
Client Responsibilities
· Review project schedule on an on-going basis
TASK PM.4: CLIENT STATUS MEETINGS
Woolpert will facilitate a regular occurring status meeting. Woolpert’s Project Manager will partici-
pate in regularly scheduled project status meetings with the Client’s Project Manager and designees for
the purpose of reviewing project issues including: 1) activities, action items, and deliverables complet-
ed to date; 2) activities, action items, and deliverables in process or scheduled; 3) technical or con-
tractual issues that require corrective action. Woolpert meeting participants will include Woolpert’s
Project manager and ad hoc team members, as required. Client meeting participants will be as
deemed necessary by the Client’s project manager, or as requested by Woolpert’s project manager.
Deliverables
· Monthly project status reports upload to project website
· Monthly project status meetings
Assumptions
· The activities discussed in this section will begin once a Written Notice-to-Proceed is received from
the Client
Client Responsibilities
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Cityworks Enterprise Asset Management System Implementation
Scope of Work
City of Augusta, Georgia – Utilities Department
July 2, 2013 4
· Schedule appropriate internal staff and provide facilities for on-site meetings and off-site confer-
ence calls
· Review and accept project status reports, or otherwise provide comments on same within a rea-
sonable time frame
· Schedule meeting space and supporting technology peripherals suitable for on-site meetings
· Coordinate and schedule meeting attendees
TASK PM.5: INTERNAL COORDINATION MEETINGS
Internal coordination meetings will be held on a regular basis to ensure continuous communication
about tasks in process, scheduled tasks, and any issues impacting a successful implementation.
Woolpert’s project manager will also utilize these meetings to gather information from project team
members required to manage on-going resource loading.
Deliverables
· Regularly scheduled internal coordination meetings
Assumptions
· The activities discussed in this section will begin once a Written Notice-to-Proceed is received from
the Client
Client Responsibilities
· None
Quality Management
Knowledge Transfer and Change Management
Project Plan
· Project Management Plan
· Change Control Plan
· Communications Plan
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Item # 8
Cityworks Enterprise Asset Management System Implementation
Scope of Work
City of Augusta, Georgia – Utilities Department
July 2, 2013 5
TECHNICAL APPROACH
Five-phased implementation approach with continuous project management, quality management,
knowledge transfer, and change management:
· Phase 1: Implementation Planning
· Phase 2: System Design and Configuration
· Phase 3: System Integrations
· Phase 4: System Deployment
· Phase 5: Extended Support
· Project Management (Duration of Project)
· Knowledge Transfer & Change Management (Duration of Project)
· Quality Management (Duration of Project)
Figure 1: Implementation Phases
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Item # 8
Cityworks Enterprise Asset Management System Implementation
Scope of Work
City of Augusta, Georgia – Utilities Department
July 2, 2013 6
PHASE 1 – IMPLEMENTATION PLANNING
TASK 1.1: CONDUCT PRE-PLANNING DISCOVERY
A pre-planning discovery task will be facilitated by
Woolpert’s Project Manager for the purpose of aligning the
Client’s implementation / functionality requirements with
the project plan. This discovery process will clarify imple-
mentation objectives defined in the RFP, as well as uncover
other factors (system interfaces, workflow details, reporting
requirements, data conversion requirements, etc.) that may
not have been clearly addressed to date. In these events, a
decision will be made by the Client’s Project Manager to up-
date the Project Plan to include these additional tasks, or
place them in a parking-lot for future attention. Based upon
the results of this discovery, Woolpert will make any neces-
sary adjustments to the Project Plan and obtain acceptance
from the Client.
Related sub-tasks are as follows:
· Sub-Task 1.1.1: Prepare Request for Information
· Sub-Task 1.1.2: Submit RFI to Client PM
· Sub-Task 1.1.3: Client PM to Facilitate Data
Gathering Process and Provide
Data to Woolpert (Client-Owned
Task)
· Sub-Task 1.1.4: Woolpert to Perform Desktop Au-
dit of Collected Information
· Sub-Task 1.1.5: Woolpert to Prepare for On-Site Discovery Workshops
· Sub-Task 1.1.6: Woolpert to Facilitate Pre-Planning Discovery Workshops (On-Site Task)
· Sub-Task 1.1.7: Woolpert to Document Workshop Findings and Update Implementation
Scope of Services, Assumptions, and Risk Plan
· Sub-Task 1.1.8: Woolpert to Submit Updated Documentation to Client PM
· Sub-Task 1.1.9: Woolpert to Facilitate Remote Review Meeting with Client Technical Team
Deliverables
· Woolpert will prepare a Request for Information and submit it to the Client PM
· Woolpert will perform a desktop review of the data provided by the Client PM
· Woolpert’s Project Manager and a Systems Analyst will facilitate a series of discovery work-
shops, on-site at the Client’s facilities, over the course of two (2) consecutive business days
· Woolpert will document the workshop discussions and finding in the form of a Technical Memo-
randum and submit it to the Client PM
· Woolpert will facilitate a remote conference call meeting with the Client team to review the
contents of the Technical Memorandum
Assumptions
· The Client’s project manager will provide the Data gathered from the Request for Information
no later than one week before the pre-discovery workshops
Figure 2: Phase 1 - Implementation Plan-
ning
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Cityworks Enterprise Asset Management System Implementation
Scope of Work
City of Augusta, Georgia – Utilities Department
July 2, 2013 7
· All activities, other than the actual workshop will be performed remotely
· The Client’s project manager will ensure site readiness and staff participation for the workshop
Client Responsibilities
· The Client PM will facilitate the data gathering process to collect the information detailed in
Woolpert’s RFI
· The Client PM will secure appropriate meeting facilities in which Woolpert will conduct the
workshops
· The Client PM will schedule all Client workshop attendees
· All identified Client workshop attendees will actively participate in the on-site meetings with-
out undue interruption
· The Client PM and technical project team members will review the Technical Memorandum and
provide feedback to Woolpert in a timely fashion
· The Client PM and technical project team members will participate in a remote conference call
review meeting with the Woolpert PM
TASK 1.2: INSTALL AND CONFIGURE CORE CITYWORKS AMS SOFTWARE IN A SANDBOX ENVIRONMENT
This task includes installing the core Cityworks AMS software, other supporting Cityworks applications,
and a test version of a sample Cityworks database within the Client’s networked environment. Prior to
beginning the installation, Woolpert will provide a full readiness checklist to the Client’s IT staff to
ensure the computers and servers (application and database) are prepared in advance. Woolpert will
perform the necessary testing and configuration modifications needed to ensure a successful Cityworks
install within the Client’s on-premise testing environment. Woolpert will request that the creation of
three databases to be deployed within the Client’s testing environment to include Production, Testing
and Development. A Woolpert System Implementation Specialist will be onsite to perform the installa-
tion of the core Cityworks software and related datbases.
Related sub-tasks are as follows:
· Sub-Task 1.2.1: Woolpert to Install and Configure AMS Software in a Sandbox Environment
(On-Site Task)
· Sub-Task 1.2.2: Woolpert to Test Installation and Configuration and Modify as Required (On-
Site Task)
· Sub-Task 1.2.3: Woolpert to Replicate Initial Sandbox Configuration to Development Envi-
ronment(On-Site Task)
· Sub-Task 1.2.4: Woolpert to Provide Core Cityworks AMS Software Administration Training
to Client System Administrators
Deliverables
· Cityworks AMS specifications documentation for the CLient to review
· Woolpert’s Senior Systems Analyst will facilitate a remote system specifications review meeting
for up to two (2) hours with the Client’s IT team
· Woolpert’s Senior Systems Analyst will perform on-site installation, configuration, and testing
of the core Cityworks Server AMS applications and databases in the Client’s on-premise network
environment (Test and Development) over the course of up to two (2) consecutive business
days
· Woolpert’s Senior Systems Analyst will provide Core Cityworks AMS installation and back-up
training to the Client’s system administrators during the time on-site to perform the installa-
tion services.
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Item # 8
Cityworks Enterprise Asset Management System Implementation
Scope of Work
City of Augusta, Georgia – Utilities Department
July 2, 2013 8
Assumptions
· Activities including Installation, configuration, testing and training will be performed onsite at
the Client’s facilities.
· Training will be facilitated utilizing the newly installed on-premise Cityworks Server AMS envi-
ronment
· The Client’s Project Manager will ensure site readiness and staff participation for the training
· The Client’s Project Manager will ensure IT Staff are available during the Cityworks Server AMS
installation and testing to ensure the proper access and permissions are granted
· The Client will create a login for Woolpert for the necessary access to install software, set up
databases, and test the software
Client Responsibilities
· Create the logins for Woolpert with the necessary permissions
· Ensure the Servers are prepared for the installation of Cityworks Server AMS including ArcGIS
Server, SDE and RDBMS (SQL Server or Oracle)
· Client project manager to ensure the necessary staff participate in the training
TASK 1.3: CONDUCT CORE TEAM TRAINING
Core Team Training will be facilitated for the purpose of providing the Client’s Project Team members
with the Cityworks Server AMS knowledgebase needed to support the system design and implementa-
tion decisions. Core Team Training will be comprised of a two-day curriculum designed to introduce the
Cityworks asset management tools to the Client’s Project Team members.
The purpose of the Core Team Training is to provide the Client’s project participants (those with im-
plementation responsibilities) with enough exposure to, and understanding of, the Cityworks work or-
der and asset management functionality such that they are able to make smart and informed decisions
as they relate to the overall implementation objectives. The intent of the Core Team Training is not to
provide the skills needed to maintain the daily operations of the system. This End-User Training is pro-
vided at a later date.
Core Team Training will be facilitated in a classroom environment (computer lab or training room) on-
site at the Client’s facilities.
Related sub-tasks are as follows:
· Sub-Task 1.3.1: Woolpert to Prepare Core Team Training Agenda
· Sub-Task 1.3.2: Woolpert to Submit Agenda to Client PM
· Sub-Task 1.3.3: Client PM to Prepare Site for Core Team Training (Client-Owned Task)
· Sub-Task 1.3.4: Woolpert to Provide Core Team Training (On-Site Task)
Deliverables
· Woolpert will develop a Core Team Training agenda and provide same to the Client project
manager
· Woolpert will provide a Systems Analyst onsite for up to two (2) consecutive business days to
provide the Core Team Training
Assumptions
· Training will be facilitated utilizing the newly installed on-premise Cityworks Server AMS envi-
ronment
Attachment number 1 \nPage 13 of 43
Item # 8
Cityworks Enterprise Asset Management System Implementation
Scope of Work
City of Augusta, Georgia – Utilities Department
July 2, 2013 9
· The Client’s project manager will ensure site readiness and staff participation for the training
· The Client’s project manager will provide a conference room or training room with a projector.
During Core Team Training, individual computers are not needed for the participants. The
software will be demonstrated
· Ensure Woolpert access to the Cityworks Server AMS environment installed on-premise to per-
form training
Client Responsibilities
· Client project manager to review and accept agenda for training
· Client project manager to schedule and accommodate the appropriate Client project team
members such that they are available, without undue interruption, for the required number of
days
· Secure an appropriate training facility suitable for participants
TASK 1.4: CONDUCT BUSINESS PROCESS REVIEWS
The objective of the business process reviews is three-fold: 1) provide Woolpert’s implementation team
with a deep understanding of the Client’s planned / desired work management processes, 2) provide
Client project participants with a deeper understanding of the impending business process improve-
ments introduced by the planned Cityworks AMS solution, and 3) establish asset life-cycle management
and work management workflows in the context of Cityworks’ asset management capabilities.
One of the main features of a Cityworks asset and maintenance, management system is the ability of
the software to be configured to fit the unique manner in which an organization executes and manages
its infrastructure maintenance management activities. To accomplish this, Woolpert will work with Cli-
ent staff to document the work processes related to asset and maintenance management activities and
Key Performance Indicators (KPIs). This will be accomplished via two rounds of on-site – hands-on
workshops. The purpose is to gather the following information:
· What are the current issues and challenges related to asset and maintenance management?
· Who will use the software?
· How will they use the software—what tasks do they need to perform?
· In what environment will they use it?
· What difference should it make for their jobs?
· How will your staff use the data—how is data analyzed, how are reports prepared, etc.?
These work process reviews will play a critical role in defining and establishing the configuration re-
quirements for the Cityworks system. Using the information gathered during the business process as-
sessment task, and informed by the identified needs of the Client, the Woolpert team will evaluate the
current business processes to identify workflow issues. Business processes that might require en-
hancement or replacement will be identified. The team will then design improved workflows.
Following the workshops, Woolpert will document pertinent work processes in a Workflow Document
supported by graphical diagrams and text numerical format (i.e.: Step 1, Step 2, etc.). Woolpert will
provide the documented workflows to Client staff to review and comment upon. Once finalized,
Woolpert will update the workflow documentation. Woolpert will then commence to of the next round
of workshops.
Related sub-tasks are as follows:
· Sub-Task 1.4.1: Round 1 Business Process Review Workshops
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Scope of Work
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July 2, 2013 10
o Sub-Task 1.4.1.1: Woolpert to Prepare for Business Process Review Workshops (First
Round)
o Sub-Task 1.4.1.2: Woolpert to Facilitate Business Process Review Workshops (Round 1)
- Sub-Task 1.4.1.2.1: Water Distribution and Sewer Collection (On-Site Task)
- Sub-Task 1.4.1.2.2: Lift Stations (On-Site Task)
o Sub-Task 1.4.1.3: Woolpert to Document Business Process Review Workshop Findings
(First Round)
· Sub-Task 1.4.2: Round 2 Business Process Review Workshops
o Sub-Task 1.4.2.1: Woolpert to Prepare for Business Process Review Workshops (Second
Round)
o Sub-Task 1.4.2.2: Woolpert to Facilitate Business Process Review Workshops (Round 2)
- Sub-Task 1.4.2.2.1: Water Distribution and Sewer Collection (On-Site Task)
- Sub-Task 1.4.2.2.2: Lift Stations (On-Site Task)
o Sub-Task 1.4.2.3: Woolpert to Document Business Process Review Workshop Findings
(Second Round)
· Sub-Task 1.4.3: Woolpert to Prepare Business Process Review Technical Memorandum
· Sub-Task 1.4.4: Woolpert to Submit Technical Memorandum to Client PM
· Sub-Task 1.4.5: Woolpert to Facilitate Remote Review Meeting with Client Technical Team
· Sub-Task 1.4.6: Woolpert to Prepare Updates to Business Process Review Technical Memo-
randum
Deliverables
· A Woolpert Senior System Analyst and a System Analyst will facilitate a series of initial on-site
Business Process Review Workshops as follows:
o Water Distribution and Sewer Collection for up to three (3) consecutive business days
o Lift Stations for up to two (2) consecutive business days
· Woolpert team members will document the outcomes of the first round of workshops
· A Woolpert Senior System Analyst and a System Analyst will facilitate a second round of on-site
Business Process Review Workshops as follows:
o Water Distribution and Sewer Collection for up to one and a half (1.5) consecutive business
days
o Lift Stations for up to one (1) business day
· Woolpert team members will document the outcomes of the first and second rounds of work-
shops in the form of a Technical Memorandum and submit to the Client project manager for re-
view
· Woolpert team members will facilitate a remote review meeting up to two (2) hours in duration
with the client technical team and update the Technical Memorandum based on the outcome of
the review meeting
Assumptions
· All activities, other than the actual workshops will be performed remotely.
· The Client’s project manager will ensure site readiness and staff participation for the work-
shops
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Scope of Work
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July 2, 2013 11
Client Responsibilities
· Secure an appropriate meeting facility suitable for participants,
· Schedule and accommodate the appropriate Client project participants such that they are
available, without undue interruption, for the required number of days.
TASK 1.5: PHASE 1 QUALITY CONTROL
Woolpert technical resources, not regularly involved with this implementation will perform independ-
ent quality review of the work processes and deliverable products in accordance with the Woolpert
Total Quality Plan.
TASK 1.6: PHASE ACCEPTANCE AND CLOSE
This is the Phase exit document that the Client project manager signs indicating Woolpert has deliv-
ered the Phase 1 services in accordance with the Scope of Work and Project Plan. Phase 2 of this
scope will not begin until Phase 1 has been approved by the Client.
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PHASE 2 – CORE SYSTEM DESIGN AND CONFIGURATION
TASK 2.1: PREPARE CONFIGURATION DOCUMENTATION
Woolpert will compile the information gathered and docu-
mented through the multiple on-site workshops and other
related project meetings and distill same into a series of or-
ganized configuration documents that will be used to guide
the required Cityworks configuration such that it supports the
Client’s work order and asset maintenance management ac-
tivities.
Related sub-tasks are as follows:
· Sub-Task 2.1.1: Woolpert to Prepare Draft Con-
figuration Documentation
· Sub-Task 2.1.2: Woolpert to Submit to Client PM
for Review
· Sub-Task 2.1.3: Woolpert to Facilitate Remote
Review Meeting with Client Tech-
nical Team
Deliverables
· Woolpert team members will develop a set of config-
uration documents as more fully detailed above
· Woolpert will facilitate a remote review meeting up
to two (2) hours in duration with the Client’s tech-
nical team
Assumptions
· All above listed tasks will be performed remotely
Client Responsibilities
· Review the prepared Draft Configuration documenta-
tion
· Participate in the remote review meeting
TASK 2.2: CORE CITYWORKS AMS CONFIGURATION
Cityworks AMS configuration will be facilitated by Woolpert through a series of on-site configuration
workshops. The first round of workshops will address:
• Domains. This is the security architecture that determines how employees, work orders and other
information can be shared across organizational boundaries.
• Employee Hierarchy. Determines security protocols for each user of the system as well as practical
grouping of employees for assignments to work orders and service requests (e.g. crews).
• Work Orders. Templates for each of the type of maintenance activities that will be performed on
each asset in the system
• Tasks. Individual work items associated with a work order. For example, a repair sewer main work
order might have tasks for establish traffic control, utility locate, excavate, etc.
Figure 3: Phase 2 - System Design and
Configuration
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• Materials Hierarchy. Organization and rules for items that are used to repair assets. Examples of
materials are things such as pipes and meters.
• Equipment Hierarchy. Organization and rules for items that are utilized to complete a work order
but are not consumed. Examples are items such as backhoes, vehicles, vacuum trucks, etc.
• Service Requests. Templates for requests for service. Many times maintenance activities are initi-
ated starting with a service request whose purpose is to determine if a work is necessary or not.
• Reporting. Current or future expected reports will be discussed and designed.
• Projects. Projects to be managed within Cityworks
Woolpert will update the System Configuration Document after the first round of configuration work-
shops is complete. The extra planning steps that are taken during the initial phases of an implementa-
tion, such as this will reap tremendous rewards when the system goes into production. As part of the
meetings, Woolpert will have a full version of Cityworks available to help facilitate ideas and ap-
proaches to the configuration – this is also part of the overall iterative learning process.
At the end of the first round of workshops, there will be a set of action items for the Client team
members such as gathering the current list of employees, people, contractors and hard work orders,
reports, inspection forms, etc. Woolpert will prepare a full list of action items and submit to the Client
project manager. At the end of these meetings, Woolpert will have enough information to configure
approximately 70% of the Client’s needs.
The second and final workshops will address proposed configuration approaches to service requests,
work orders, and inspections identified in the initial meetings. During these workshops, the Client’s
actual configured data will be available for viewing within Cityworks. At the end of these meetings,
Woolpert will have enough information to configure approximately 100% of the Client’s needs.
Related sub-tasks are as follows:
· Sub-Task 2.2.1: Round 1 Configuration Workshops
o Sub-Task 2.2.1.1: Woolpert to Prepare for Configuration Workshops (First Round)
o Sub-Task 2.2.1.2: Woolpert to Facilitate Configuration Workshops (Round 1)
- Sub-Task 2.2.1.2.1: Water Distribution and Sewer Collection (On-Site Task)
- Sub-Task 2.2.1.2.2: Lift Stations (On-Site Task)
o Sub-Task 2.2.1.3: Woolpert to Update Configuration Documentation (Round 1)
o Sub-Task 2.2.1.4: Woolpert to Perform Configuration in Development Environment
o Sub-Task 2.2.1.5: Woolpert to Facilitate Remote Configuration Review Meetings With Cli-
ent Technical Team
- Sub-Task 2.2.1.5.1: Remote Review Meeting 1
- Sub-Task 2.2.1.5.2: Remote Review Meeting 2
· Sub-Task 2.2.2: Round 2 Configuration Workshops
o Sub-Task 2.2.1.1: Woolpert to Prepare for Configuration Workshops (Second Round)
o Sub-Task 2.2.2.2: Woolpert to Facilitate Configuration Workshops (Round 2)
- Sub-Task 2.2.2.2.1: Water Distribution and Sewer Collection (On-Site Task)
- Sub-Task 2.2.2.2.2: Lift Stations (On-Site Task)
o Sub-Task 2.2.2.3: Woolpert to Update Configuration Documentation (Round 2)
o Sub-Task 2.2.2.4: Woolpert to Perform Configuration in Development Environment
o Sub-Task 2.2.2.5: Woolpert to Facilitate Remote Configuration Review Meetings With Cli-
ent Technical Team
- Sub-Task 2.2.2.5.1: Remote Review Meeting 1
- Sub-Task 2.2.2.5.2: Remote Review Meeting 2
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Scope of Work
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Deliverables
· A Woolpert Senior System Analyst and System Analyst will facilitate Round 1 On-Site Configura-
tion Workshops as follows:
o Water Distribution and Sewer Collections up to three (3) consecutive business days
o Lift Stations up to two (2) consecutive business days
· Woolpert will update the configuration documentation based on the outcome of the first round
of configuration workshops
· Woolpert staff will perform system configuration in the Client’s on-premise development envi-
ronment via remote access
· Woolpert will facilitate two (2) remote in-process configuration review meetings, each up to
two (2) hours in duration, with the Client’s technical team
· A Woolpert Senior System Analyst and System Analyst will facilitate Round 2 On-Site Configura-
tion Workshops as follows:
o Water Distribution and Sewer Collections up to one and a half (1.5) consecutive business
days
o Lift Stations up to one (1) days
· Woolpert will update the configuration documentation based on the outcome of the second
round of configuration workshops
· Woolpert staff will perform system configuration in the Client’s on-premise development envi-
ronment via remote access
· Woolpert will facilitate two (2) remote in-process configuration review meetings, each up to
two (2) hours in duration, with the Client’s technical team
· Woolpert will facilitate a remote review meeting up to two (2) hours in duration with the Cli-
ent’s technical team
Assumptions
· All workshop preparation activities will be performed remotely
· Actual workshops will be administered on-site at Client facilities
· Client staff participating in the Configuration workshops will do so un-interrupted
Client Responsibilities
· Secure an appropriate workshop facility
· Coordinate and schedule workshop participants
· Workshop participants shall actively participate in workshop activities
TASK 2.3: CITYWORKS STOREROOM CONFIGURATION
Cityworks Storeroom is utilized for materials management within the Cityworks AMS framework. This
task item addresses the core configuration of Storeroom. The Storeroom Configuration Workshops will
consist of a series of on-site meetings with Client staff to address all of the configuration elements that
will need to be put into place to support materials management. Upon completion of these workshops,
the configuration documentation will be updated and then the Storeroom application will be config-
ured.
Related sub-tasks are as follows:
· Sub-Task 2.3.1: Round 1 Configuration Workshops
o Sub-Task 2.3.1.1: Woolpert to Prepare for Configuration Workshops (First Round)
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o Sub-Task 2.3.1.2: Woolpert to Facilitate Configuration Workshops (Round 1)
- Sub-Task 2.3.1.2.1: Water Distribution and Sewer Collection (On-Site Task)
- Sub-Task 2.3.1.2.2: Lift Stations (On-Site Task)
o Sub-Task 2.3.1.3: Woolpert to Update Configuration Documentation (Round 1)
o Sub-Task 2.3.1.4: Woolpert to Perform Configuration in Development Environment
o Sub-Task 2.3.1.5: Woolpert to Facilitate Remote Configuration Review Meetings With Cli-
ent Technical Team
- Sub-Task 2.3.1.5.1: Remote Review Meeting 1
- Sub-Task 2.3.1.5.2: Remote Review Meeting 2
· Sub-Task 2.3.2: Round 2 Configuration Workshops
o Sub-Task 2.3.2.1: Woolpert to Prepare for Configuration Workshops (Second Round)
o Sub-Task 2.3.2.2: Woolpert to Facilitate Configuration Workshops (Round 2)
- Sub-Task 2.3.2.2.1: Water Distribution and Sewer Collection (On-Site Task)
- Sub-Task 2.3.2.2.2: Lift Stations (On-Site Task)
o Sub-Task 2.3.2.3: Woolpert to Update Configuration Documentation (Round 2)
o Sub-Task 2.3.2.4: Woolpert to Perform Configuration in Development Environment
o Sub-Task 2.3.2.5: Woolpert to Facilitate Remote Configuration Review Meetings With Cli-
ent Technical Team
- Sub-Task 2.3.2.5.1: Remote Review Meeting 1
- Sub-Task 2.3.2.5.2: Remote Review Meeting 2
Deliverables
· A Woolpert Senior System Analyst will facilitate Round 1 On-Site Configuration Workshops as
follows:
o Water Distribution and Sewer Collections up to one and a half (1.5) consecutive business
days
o Lift Stations up to one (1) days
· Woolpert will update the configuration documentation based on the outcome of the first round
of configuration workshops
· Woolpert staff will perform system configuration in the Client’s on-premise development envi-
ronment via remote access
· Woolpert will facilitate two (2) remote in-process configuration review meetings, each up to
two (2) hours in duration, with the Client’s technical team
· A Woolpert Senior System Analyst will facilitate Round 2 On-Site Configuration Workshops as
follows:
o Water Distribution and Sewer Collections up to one half (.5) day
o Lift Stations up to one half (.5) day
· Woolpert will update the configuration documentation based on the outcome of the second
round of configuration workshops
· Woolpert staff will perform system configuration in the Client’s on-premise development envi-
ronment via remote access
· Woolpert will facilitate two (2) remote in-process configuration review meetings, each up to
two (2) hours in duration, with the Client’s technical team
· Woolpert will facilitate a remote review meeting up to two (2) hours in duration with the Cli-
ent’s technical team
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Scope of Work
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Assumptions
· All workshop preparation activities will be performed remotely
· Actual workshops will be administered on-site at Client facilities
· Client staff participating in the Configuration workshops will do so un-interrupted
Client Responsibilities
· Secure an appropriate workshop facility
· Coordinate and schedule workshop participants
· Workshop participants shall actively participate in workshop activities
TASK 2.4: CITYWORKS AMS – CCTV INTEGRATION CONFIGURATION
The Client’s CCTV inspection software application (need to find out which one is used) will need to be
integrated with the Cityworks AMS solution. Facilitation of this integration will be supported by the
Cityworks CCTV for PACP Add-On module. In order to ensure a thorough and proper integration of the
two software applications, Woolpert will facilitate a one day integration requirements discovery work-
shop. The workshop will focus on identifying the pipe inspection data, inter-application workflows to
pass requisite data between the applications, work orders and inspections to be managed by Cityworks
in support of the CCTV program.
Related sub-tasks are as follows:
· Sub-Task 2.3.1: Configuration Workshop
o Sub-Task 2.3.1.1: Woolpert to Prepare for Configuration Workshop
o Sub-Task 2.3.1.2: Woolpert to Facilitate Configuration Workshop
- Sub-Task 2.3.1.2.1: Sewer Collection (On-Site Task)
o Sub-Task 2.3.1.3: Woolpert to Update Configuration Documentation
o Sub-Task 2.3.1.4: Woolpert to Perform Configuration in Development Environment
o Sub-Task 2.3.1.5: Woolpert to Facilitate Remote Configuration Review Meeting With Cli-
ent Technical Team
- Sub-Task 2.3.1.5.1: Remote Review Meeting 1
Deliverables
· A Woolpert Senior System Analyst will facilitate an On-Site Configuration Workshop for Sewer
Collection up to one (1) day in duration
· Woolpert will update the configuration documentation based on the outcome of the first round
of configuration workshops
· Woolpert staff will perform system configuration in the Client’s on-premise development envi-
ronment via remote access
· Woolpert will facilitate a remote in-process configuration review meeting, up to two (2) hours
in duration, with the Client’s technical team
Assumptions
· All workshop preparation activities will be performed remotely
· Actual workshops will be administered on-site at Client facilities
· Client staff participating in the Configuration workshops will do so un-interrupted
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Scope of Work
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Client Responsibilities
· Secure an appropriate workshop facility
· Coordinate and schedule workshop participants
· Workshop participants shall actively participate in workshop activities
TASK 2.5: REVIEW AND APPROVAL OF UPDATED SYSTEM CONFIGURATION AND DOCUMENTATION
Woolpert will submit the updated Configuration Documentation (completed in Tasks 2.1 through 2.4) to
the Client for review. The Client’s project manager and technical team members will undertake an
internal review of this documentation, providing pertinent feedback to Woolpert. Upon completion of
this task, we will have delivered a comprehensive set of configuration documents, updated to reflect
the current as-is system configuration. There will be additional opportunities to update this documen-
tation in future project phases up to and including the final / accepted configuration documents deliv-
ered just prior to go-live.
Related sub-tasks are as follows:
· Sub-Task 2.5.1: Woolpert to Submit Updated Configuration Documentation to Client PM
· Sub-Task 2.5.2: Client Technical Team to Review Updated Configuration and Documenta-
tion (Client-Owned Task)
· Sub-Task 2.5.3: Woolpert to Facilitate Remote Review Meeting with Client Technical Team
· Sub-Task 2.5.4: Woolpert to Update Configuration Documentation per Client Technical
Team Review Comments
· Sub-Task 2.5.5: Woolpert to Submit Updated Pre-Final Configuration Documentation to Cli-
ent PM
Deliverables
· Woolpert will submit updated configuration documentation to the Client project manager
· Woolpert will facilitate a remote configuration documentation review meeting, up to four (4)
hours in duration, with the Client’s technical team
· Woolpert will update the configuration documentation based on the outcome of the Client re-
view and re-submit the updated documentation to the Client project manager
Assumptions
· The Client project manager will ensure that the necessary people review and understand the
documentation for its accuracy
Client Responsibilities
· The Client project manager and technical team will review and provide feedback on the con-
figuration document
· The Client project manager and technical team will participate in a remote configuration doc-
ument review meeting
· The Client project manager will approve and sign the configuration document
TASK 2.6: PROVIDE CITYWORKS AMS SOFTWARE DEMONSTRATIONS
After completion of the two rounds of Cityworks AMS configuration, Storeroom configuration, and CCTV
integration, and approval of the updated configuration documentation, Woolpert will provide an onsite
full system demonstration to Client project participants and stakeholders. Woolpert will provide three
Attachment number 1 \nPage 22 of 43
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July 2, 2013 18
(3) separate demonstrations. Each demonstration will be up to four (4) hours in duration in order to
review the configuration in depth and answer any questions. At the end of these meetings, it is antici-
pated that there may be some minor requested changes to the system. Woolpert will make those
changes to the Cityworks Server AMS environment.
Related sub-tasks are as follows:
· Sub-Task 2.6.1: Woolpert to Prepare for On-Site Software Demonstrations
· Sub-Task 2.6.2: Woolpert to Facilitate On-Site Software Demonstrations
o Sub-Task 2.6.2.1: Facilitate Software Demonstration 1 (On-Site Task)
o Sub-Task 2.6.2.2: Facilitate Software Demonstration 2 (On-Site Task)
o Sub-Task 2.6.2.3: Facilitate Software Demonstration 3 (On-Site Task)
Deliverables
· Woolpert will provide three (3) on-site Cityworks AMS solution demonstrations. Each demon-
stration will be up to four (4) hours in duration
Assumptions
· All demonstration preparation activities will be performed remotely
· Client staff participating in the demonstrations will do so un-interrupted
Client Responsibilities
· Secure an appropriate workshop facility
· Coordinate and schedule demonstration participants
TASK 2.7: PHASE 2 QUALITY CONTROL
Woolpert technical resources, not regularly involved with this implementation will perform independ-
ent quality review of the work processes and deliverable products in accordance with the Woolpert
Total Quality Plan.
TASK 2.8: PHASE ACCEPTANCE AND CLOSE
This is the Phase exit document that the Client project manager signs indicating Woolpert has deliv-
ered the Phase 2 services in accordance with the Scope of Work and Project Plan. Phase 3 of this
scope will not begin until Phase 2 has been approved by the Client.
Attachment number 1 \nPage 23 of 43
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Scope of Work
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PHASE 3 – ADVANCED AMS FUNCTIONALITY DEVELOPMENT & CONFIGURATION
TASK 3.1: APPLICATION INTERFACES
To fully meet the Client’s over-arching asset management
program objectives, the core Cityworks AMS solution will
need to be integrated with the Motorola CSR application and
a new (yet to be determined) Customer Information System
application. The following sections detail the work efforts
required to define, develop, and deploy these integrations.
Sub-Task 3.1.1: Define and Develop Global Integration
Standards
Prior to initiating any of the system integration tasks, it is
important that all stakeholders have a complete and thor-
ough understanding of the application development and sys-
tem support landscape at the Client site. This first System
Integrations Phase task will focus on bringing the Client’s IT
support staff together with the Woolpert team developer
staff for the purpose of discovering and discussing the Cli-
ent’s current technology roadmap.
A wide range of system integration technology solutions exist
and we want to make certain we select a path that the Client
IT staff can maintain long after our work has been complet-
ed.
To achieve our objectives, Woolpert will facilitate an initial
conference call meeting to discuss these issues with the Cli-
ent IT staff and obtain a clear direction upon which to base
our development decisions. Upon completion of this first meeting the Woolpert team will document
(via a technical memorandum) the discussion points and any standards / preferences which we will
need to consider. We will submit this to the Client IT team for review and comment and then follow-
back up with a quick conference call to finalize our understanding going forward into the tasks of de-
veloping system integrations.
Related sub-tasks are as follows:
· Sub-Task 3.1.1.1: Woolpert to Facilitate Application Integration Environment Review Meeting
with Client Technical Team
· Sub-Task 3.1.1.2: Woolpert to Document Global Application Integration Standards
· Sub-Task 3.1.1.3: Woolpert to Submit Global Application Integration Standards to Client PM
· Sub-Task 3.1.1.4: Client Technical Team to Review Global Application Integration Standards
(Client-Owned Task)
· Sub-Task 3.1.1.5: Woolpert to Facilitate Remote Review Meeting with Client Technical Team
· Sub-Task 3.1.1.6: Woolpert to Update Global Application Integration Standards per Client Re-
view Comments
· Sub-Task 3.1.1.7: Woolpert to Submit Updated Global Application Integration Standards to
Client PM
Figure 4: Phase 3 – Advanced AMS Func-
tionality Design and Configuration
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Scope of Work
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Deliverables
· One initial conference call meeting, up to two (2) hours in duration, with Client IT staff and
Client project manager to review application integration and other related IT standards
· Draft technical memorandum detailing the findings of the first meeting
· One follow-up conference call, up to one (1) hour in duration, with Client staff to review tech-
nical memorandum and the County’s comments
· Final technical memorandum
Assumptions
· The Client will provide all adequate documentation available for each system including data
models and API documentation
· Client will provide documentation on API’s, web services and / or other methods to integrate
with desired systems
· The Client will setup and maintain a staging/test environment during development
Client Responsibilities
· Participate in the conference call meetings
· Review and comment upon technical memorandum
· Provide required application documentation and access to data models and APIs
Sub-Task 3.1.2: Facilitate Application Integration Discovery Workshops
Woolpert will facilitate a series of workshops over the course of several days to further investigate
each of the required application integrations; confirm the technical and functional requirements al-
ready developed by the Client; and to begin mapping out application business process and data flow
diagrams. We will investigate the underlying data models of each application actor; identify any data
validation requirements; and identify the available integration technologies available to support the
required integrations. We will also establish the level of involvement the Client IT staff will assume in
the processes.
The results of these workshops will set the framework within which each application integration will be
undertaken.
Related sub-tasks are as follows:
· Sub-Task 3.1.2.1: Woolpert to Prepare for Workshops
· Sub-Task 3.1.2.2: Woolpert to Facilitate On-Site Application Integration Discovery Workshops
o Sub-Task 3.1.2.2.1: Motorola CSR (On-Site Task)
o Sub-Task 3.1.2.2.2: Customer Information System (On-Site Task)
Deliverables
· One on-Site Motorola CSR – Cityworks application integration workshop, up to two (2) days in
duration
· One on-site Customer Information System – Cityworks application integration workshop, up to
two (2) days in duration
Assumptions
· Client IT support and business unit staff familiar with the technical and functional require-
ments will be available and attend each workshop
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Scope of Work
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· Workshops will be grouped to occur over the course of consecutive business days
· All necessary Client staff will be available during the requirements workshops and throughout
development
Client Responsibilities
· Secure an appropriate meeting facility
· Coordinate and schedule workshop participants
· Workshop participants shall actively participate in workshop activities
Sub-Task 3.1.3: Develop Application Integration Software Specifications
Based on the information gathered during the integration workshops, Woolpert will draft a Software
Requirements Specification (SRS) for each of the integrations. Each SRS document will provide:
• A vision for the application integration
• High-level system architecture diagrams
• Assumptions learned
• Data mapping tables
• Lists of functionality requirements and their priorities
• Detailed integration requirements – this section will further expand upon the functional and tech-
nical requirements
• Use case narratives (where applicable)
Once the draft SRS documents have been developed, we will submit them to the Client project manag-
er for review and comment. We will then facilitate a remote review meeting with Client team mem-
bers to discuss the findings of their review, address their comments, and make adjustments where
necessary. We will then update the SRS documents and submit final versions to the Client project
manager.
Related sub-tasks are as follows:
· Sub-Task 3.1.3.1: Woolpert to Develop Draft Software Requirements Specifications (SRS)
o Sub-Task 3.1.3.1.1: Motorola CSR
o Sub-Task 3.1.3.1.2: Customer Information System
· Sub-Task 3.1.3.2: Woolpert to Submit Draft SRS Documentation to Client PM
· Sub-Task 3.1.3.3: Client Technical Team to Review Draft SRS Documentation (Client-Owned
Task)
· Sub-Task 3.1.3.4: Woolpert to Facilitate Remote Review Meeting with Client Technical Team
· Sub-Task 3.1.3.5: Woolpert to Update Draft SRS Documentation per Client Review Comments
· Sub-Task 3.1.3.6: Woolpert to Submit Updated SRS Documentation to Client PM
Deliverables
· One draft SRS document for each system integration
· A conference call review meeting, up to two (2) hours in duration, with Client team members
to address their comments
· One final version of each SRS document for each of the system integrations
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Assumptions
· The Client project manager and IT team will review the draft documents and submit comments
back to Woolpert within five business days of receipt
Client Responsibilities
· Review submitted draft documents
· Participate in remote review meeting
Sub-Task 3.1.4: Develop and Deploy Application Integrations
Adhering to the previously established global application integration standards, the Client’s published
application integration requirements, and Woolpert’s SRS documents, Woolpert will undertake the
physical development, testing, and deployment of each integration.
It has been our experience - time-and-again - that the software application configurations can have an
impact on how an application needs to be developed and vice versa. For this reason, our application
development team will coordinate closely with our system implementation team to ensure both sides
understand each other’s requirements and are in synch with one another.
Related sub-tasks are as follows:
· Sub-Task 3.1.4.1: Woolpert to Develop Custom Application Integrations
o Sub-Task 3.1.4.1.1: Motorola CSR
o Sub-Task 3.1.4.1.2: Customer Information System
· Sub-Task 3.1.4.2: Woolpert to Test and Update Custom Application Integrations in Develop-
ment Environment
o Sub-Task 3.1.4.2.1: Motorola CSR
o Sub-Task 3.1.4.2.2: Customer Information System
· Sub-Task 3.1.4.3: Woolpert to Deploy Custom Application Integrations in Development Envi-
ronment
o Sub-Task 3.1.4.3.1: Install and Configure Application Integrations
o Sub-Task 3.1.4.3.2: Test and Update Application Integration Installations
Deliverables
· Fully developed, tested, and functioning application integrations for each of the identified sys-
tems
Assumptions
· The Client will provide viable examples of data for each point of integration. This includes GIS
data as well as data from the business system with which to integrate. The data must be clean
and an accurate view of the data as it resides in the respective system. The Client will be re-
sponsible for any necessary data cleanup regarding GIS data or business system data to perform
a successful integration.
· Test data will be in place to support each interface from each system.
· Woolpert will have access to development / testing environments via virtual private network
(VPN) connection.
· The source code will be provided to the Client.
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Client Responsibilities
· Provide support as requested by Woolpert at different stages of the software development cy-
cle
· Clean up any data sets that are identified as requiring clean-up
Sub-Task 3.1.5: Provide Application Integration Software Demonstrations
After each of the integrations have been fully developed and deployed to the development environ-
ment, Woolpert will facilitate a series of software demonstrations for Client staff to observe how each
integration functions and verify that they are functioning per the specifications prior to moving into
formalized application testing tasks.
Related sub-tasks are as follows:
· Sub-Task 3.1.5.1: Woolpert to Prepare for Custom Application Integration Demonstrations
· Sub-Task 3.1.5.2: Woolpert to Facilitate Remote Custom Application Integration Demonstra-
tions
o Sub-Task 3.1.5.2.1: Motorola CSR
o Sub-Task 3.1.5.2.2: Customer Information System
Deliverables
· One (1) up to two (2) hour remote application demonstration for each system integration
Assumptions
· Client staff capable of viewing the software functionality with a critical / technical eye will
participate in each of the four demonstrations
· Client staff will provide logical and timely feedback on each of the demonstrations
Client Responsibilities
· Coordinate and schedule demonstration participants
· Demonstration participants shall actively participate in each of the demonstrations
Sub-Task 3.1.6: Update Application Integrations
Based on the feedback received from the Client during the software demonstrations, Woolpert will
make updates to the integrations prior to pushing them out for formalized User Acceptance Testing
Related sub-tasks are as follows:
· Sub-Task 3.1.6.1: Woolpert to Update Custom Application Integrations per Feedback Ob-
tained From Client Technical Team
o Sub-Task 3.1.6.1.1: Motorola CSR
o Sub-Task 3.1.6.1.2: Customer Information System
Deliverables
· Updated application integrations for each of the system interfaces
Assumptions
· No assumptions
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Client Responsibilities
· None
TASK 3.2: PERFORM DATA CONVERSION OF LEGACY DATA SETS
The Client has identified that the existing Lucity work management data sets will need to be migrated
from their current legacy systems into the Cityworks Server AMS database. In support of these efforts,
Woolpert will facilitate a series of on-site data migration workshops, during which time we will meet
with Client subject matter experts to review and analyze each of the data sets (work orders and in-
spections).
We will document our workshop findings in the form of a data conversion plan and submit a draft to the
Client project manager for review. Upon the Client’s completed review of the draft plan, we will facili-
tate a remote review meeting to address the comments. We will then update the data conversion plan
and provide a copy to the Client project manager.
Once the final data conversion plan is agreed upon, we will work with the Client technical staff to un-
dertake the tasks necessary to move the data sets from the existing Lucity database and prepare them
for loading into the new enterprise asset management databases. It will be the Clients’s responsibility
to extract the source data sets and provide them to Woolpert for transforming and loading into the
Cityworks Server AMS database. Once we receive the data from the Client, we will perform a number
of tests on the data sets, checking for data cleanliness, completeness, relevancy, and conformance to
the standards established in the data conversion plan. The Client project manager will be notified of
any non-conforming data that needs to be scrubbed and re-submitted.
Once this iterative process is complete, Woolpert will transform and load the data into a test database
to complete the data conversion. After the Extract-Transform-Load process has been fully tested, the
entire process will be documented. We will then re-run the process just prior to go-live to load the
legacy data into the production asset management databases.
Related sub-tasks are as follows:
· Sub-Task 3.2.1: Facilitate Data Migration Workshops
o Sub-Task 3.2.1.1: Woolpert to Prepare for Data Migration Workshops
o Sub-Task 3.2.1.2: Client PM to Prepare Site for Workshops (Client-Owned Task)
o Sub-Task 3.2.1.3: Woolpert to Facilitate Data Migration Workshops
- Sub-Task 3.2.1.3.1: Lucity Work Orders and Inspections (On-Site Task)
o Sub-Task 3.2.1.4: Document Data Conversion Workshop Findings and Decisions
o Sub-Task 3.2.1.5: Submit Draft Data Conversion Plan Documentation to Client PM
o Sub-Task 3.2.1.6: Client Technical Team to Review Draft Data Conversion Plan (Client-
Owned Task)
o Sub-Task 3.2.1.7: Woolpert to Facilitate Data Conversion Plan Remote Review Meeting
with Client Technical Team
o Sub-Task 3.2.1.8: Woolpert to Update Draft Data Conversion Plan Based on Review Com-
ments
o Sub-Task 3.2.1.9: Woolpert to Submit Updated Data Conversion Plan to Client PM
· Sub-Task 3.2.2: Migrate Legacy Data Sets to Cityworks AMS Database
o Sub-Task 3.2.2.1: Client to Generate Flat Files of Legacy Application Data Sets (Client-
Owned Task)
o Sub-Task 3.2.2.2: Client to Provide Legacy Data Flat Files to Woolpert (Client-Owned
Task)
o Sub-Task 3.2.2.3: Woolpert to Configure Data Migration Environment on Woolpert Servers
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o Sub-Task 3.2.2.4: Woolpert to Develop, Test, and Refine Data Loading Scripts
o Sub-Task 3.2.2.5: Woolpert to Perform Test Data Conversion Load to Cityworks AMS Data-
base in Test Environment
o Sub-Task 3.2.2.6: Woolpert to Review and Analyze Test Data Migration Results
o Sub-Task 3.2.2.7: Client to Clean-Up Data as Required (Client-Owned Task)
o Sub-Task 3.2.2.8: Woolpert to Update Data Conversion Scripts as Required
o Sub-Task 3.2.2.9: Woolpert to Reload Updated Data in Test Environment
o Sub-Task 3.2.2.10: Woolpert to Facilitate Data Conversion Remote Review Meeting with
Client Technical Team
Deliverables
· One Woolpert data conversion expert will facilitate a series of on-site data review workshops,
over the course of up to three (3) consecutive business days, to review and analyze the Lucity
data sets
· Woolpert will prepare a draft data conversion plan and submit to the Client project manager
· Woolpert will facilitate a remote data conversion plan review meeting, up to two (2) hours in
duration, with the Client technical team
· Woolpert will update the data conversion plan based on the outcome of the review meeting
and re-submit to the Client project manager
· Woolpert will develop a fully tested Extract, Transform, and Load (ETL) process documented
and ready to be used for a final data loading at system go-live
Assumptions
· All data to be converted will be provided to Woolpert in an appropriate digital format
· All data scrubbing and prep work will be performed by the Client
· All data will have appropriate primary and foreign key relationships
· All related data will have appropriate feature IDs capable of tying it to asset features in the
Cityworks / GIS databases
Client Responsibilities
· Participate in the on-site data conversion workshops
· Perform all data prep, scrubbing, and extraction of data from source databases
· Review and comment upon the data conversion plan
TASK 3.3: DEVELOP CUSTOM REPORTS AND DASHBOARDS
Woolpert will catalogue all of the necessary reports learned throughout document discovery, work-
shops, and other various project meetings. Once the reports have been prioritized, Woolpert’s imple-
mentation / report development team will subsequently deploy as many of the identified reports as
possible within the allocated budget. Woolpert will utilize either Crystal Reports or Sequel Server Re-
porting Services to configure and deploy the resultant reports. The reports will be reviewed with Client
staff through a series of in-process development reviews. Woolpert will incorporate requested changes
into the reports. The reports will be tested as part of the overall User Acceptance Testing efforts.
Related sub-tasks are as follows:
· Sub-Task 3.3.1: Client to Provide Woolpert a Prioritized List of Reports (Client-Owned Task)
· Sub-Task 3.3.2: Woolpert to Review Reports Provided by Client
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· Sub-Task 3.3.3: Woolpert to Facilitate Remote Review Meeting with Client Technical Team
· Sub-Task 3.3.4: Woolpert to Develop Custom Reports
· Sub-Task 3.3.5: Woolpert to Facilitate In-Process Review Meetings with Client Technical
Team
o Sub-Task 3.3.5.1: In-Process Report Development Review Meeting #1
o Sub-Task 3.3.5.2: In-Process Report Development Review Meeting #2
o Sub-Task 3.3.5.3: In-Process Report Development Review Meeting #3
· Sub-Task 3.3.6: Configure and Test Reports in Development Environment
· Sub-Task 3.3.7: Update Reports Based on Feedback from Review Meetings
Deliverables
· Woolpert will develop as many custom reports as can be achieved within the allocated budget
of 176 man-hours (inclusive of discovery, development, and review)
· Woolpert will facilitate up to three in-process review meetings, each up to one (1) hour in du-
ration, over the course of report development
Assumptions
· Some reports may not be able to be developed until all of the system integrations have been
fully tested and deployed to the Development environment
Client Responsibilities
· Provide a prioritized list of reports or development consideration
· Participate in the remote in-process review meetings
TASK 3.4: DEVELOP AND DEPLOY MOBILE AMS APPLICATIONS
This is a place holder until discussions with client staff as to how they desire to deploy mobile City-
works (real-time connected using Cityworks Server AMS, disconnected using Cityworks Anywhere, real-
time connected using third party software)
Related sub-tasks are as follows:
Deliverables
· 1
· 2
Assumptions
· 1
· 2
Client Responsibilities
· 1
· 2
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TASK 3.5: PHASE 3 QUALITY CONTROL
Woolpert technical resources, not regularly involved with this implementation will perform independ-
ent quality review of the work processes and deliverable products in accordance with the Woolpert
Total Quality Plan.
TASK 3.6: PHASE ACCEPTANCE AND CLOSE
This is the Phase exit document that the Client project manager signs indicating Woolpert has deliv-
ered the Phase 3 services in accordance with the Scope of Work and Project Plan. Phase 4 of this
scope will not begin until Phase 3 has been approved by the Client.
Attachment number 1 \nPage 32 of 43
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PHASE 4 – SYSTEM DEPLOYMENT
TASK 4.1: DEVELOP TEST PLAN
The focus of system testing efforts is to thoroughly test the
newly installed / configured Cityworks Server AMS solution
and ensure all delivered functionality (application workflows,
templates, reports, interfaces) are properly functioning.
Woolpert will take the lead on developing a Testing and Ac-
ceptance Plan. The Plan will derive its focus from the previ-
ously prepared Cityworks Configuration documents. Function-
al metrics that the Cityworks configuration must successfully
achieve prior to being promoted to the Client’s production
environment will be defined. Additionally test scenarios, de-
signed to step Client Testers through the User Acceptance
Testing (UAT) process will be developed as part of this plan.
Final plan contents will be per common agreement between
the Client testing team and Woolpert and will serve as the
“script” for testing and approving the system configuration.
The test plan will address the core Cityworks configuration.
Once the Testing Plan has been approved by all parties, the
Client testing team will undertake the user acceptance test-
ing activities defined within the plan. Woolpert will provide
ad-hoc remote support during the Client’s testing activities.
Additionally, upon the completed testing, and at specific in-
testing milestones defined within the plan, Woolpert will
make the required configuration updates / modifications /
corrections to achieve testing acceptance.
The Client testers (Cityworks users) will “step” the Cityworks
configuration through the test scripts defined within the
Testing and Acceptance Plan. The test scenarios will be
marked as either “pass” or “fail” with appropriate notes and screen shots provided to Woolpert for
resolution. Testing and related configuration updates will continue until acceptable performance is
achieved as defined within the Testing and Acceptance Plan. During testing, a regular scheduled phone
meeting will be held to review issues and resolutions.
Related sub-tasks are as follows:
· Sub-Task 4.1.1: Woolpert to Develop Draft User Acceptance Test (UAT) Plan
· Sub-Task 4.1.2: Woolpert to Submit Draft UAT Plan to Client PM
· Sub-Task 4.1.3: Client Technical Team to Review Draft UAT Plan (Client-Owned Task)
· Sub-Task 4.1.4: Woolpert to Facilitate Remote Review Meeting with Client Technical Team
· Sub-Task 4.1.5: Woolpert to Update Draft UAT Plan per Client Comments
· Sub-Task 4.1.6: Woolpert to Submit Updated UAT Plan to Client PM
Deliverables
· Woolpert will prepare and deliver the draft Testing and Acceptance Plan to the Client project
manager.
· Woolpert will facilitate a remote review meeting, up to two (2) hours in duration, with the Cli-
ent testing team.
Figure 5: System Deployment
Attachment number 1 \nPage 33 of 43
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· Woolpert will update the testing and Acceptance Plan per the results of the review meeting
and re-submit to the Client project manager
Assumptions
· The Testing and Acceptance Plan will be developed per common agreement between the Client
and Woolpert.
Client Responsibilities
· The Client’s project manager and members of the testing team must thoroughly review and
understand the Testing and Acceptance Plan.
TASK 4.2: PROVIDE TESTER TRAINING
It will be the responsibility of the Client to select a number of end-users who will provide testing of the
newly configured Cityworks PLL system. In order to effectively test the system in accordance with the
testing plan, training will be provided to these end-users. The training will consist of four (4) consecu-
tive business days of training. The following training will include the following:
· Training Course 1 – System Administration ............................................... 8 hours
· Training Course 2 – Work Management .................................................... 8 hours
· Training Course 3 – Storeroom .............................................................. 4 hours
· Training Course 4 - Custom Application Interface Training ............................ 4 hours
Related sub-tasks are as follows:
· Sub-Task 4.2.1: Woolpert to Prepare Training Materials
· Sub-Task 4.2.2: Client PM to Prepare Client Site for Training (Client-Owned Task)
· Sub-Task 4.2.3: Woolpert to Provide On-Site Training
o Sub-Task 4.2.3.1: Training Course 1 – System Administration (On-Site Task)
o Sub-Task 4.2.3.2: Training Course 2 – Work Management (On-Site Task)
o Sub-Task 4.2.3.3: Training Course 3 – Storeroom (On-Site Task)
o Sub-Task 4.2.3.4: Custom Application Interface Training (On-Site Task)
Deliverables
· Woolpert’s Project Manager will deliver the necessary training materials to the Client’s project
manager. Preparation and delivery of training materials shall be within two (2) business days
prior to the scheduled start of on-site training activities.
· Woolpert project team members will prepare and deliver training as detailed above.
Assumptions
· The Client understands that failure to provide the Client testing team with the appropriate
training documents will impact Woolpert’s ability to properly train these users in the time al-
lotted for classroom training.
· The Client understands that failure to properly prepare the training site and ensuring adequate
available training resources will result in the Woolpert – Client training team being unable to
provide the required training to the Client testers.
· The Client understands that failure to properly prepare for and participate in the training ses-
sions will significantly impact the Client testing team’s ability to effectively make use of the
configured Cityworks Server AMS application.
Attachment number 1 \nPage 34 of 43
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Client Responsibilities
· Distribute training materials to the Client testing team prior to the scheduled training sessions.
· Ensure training room is prepared in advance.
· The Client’s project manager and testing team must thoroughly review and understand the
training syllabus developed by Woolpert.
· Secure an appropriate training facility suitable for participants,
· Schedule and accommodate the appropriate Client testing team members such that they are
available, without undue interruption, for the required number of days.
TASK 4.3: USER ACCEPTANCE TESTING IN DEVELOPMENT ENVIRONMENT
Once the Testing Plan has been approved by all parties, the Client testing team will undertake the user
acceptance testing activities defined within the plan. Woolpert will provide ad-hoc remote support
during Client-owned testing activities. Additionally, upon the completed testing, and at specific in-
testing milestones defined within the plan, Woolpert will make the required configuration updates /
modifications / corrections to achieve testing acceptance.
Client testers will “step” the Cityworks Server AMS configurations through the test scripts defined with-
in the Testing and Acceptance Plan. The test scenarios will be marked as either “pass” or “fail” with
appropriate notes and screen shots provided to Woolpert for resolution. Testing and related configura-
tion updates will continue until acceptable performance is achieved as defined within the Testing and
Acceptance Plan. During testing, a regular scheduled phone meeting will be held to review issues and
resolutions.
Related sub-tasks are as follows:
· Sub-Task 4.3.1: Client Testing Team to Perform User Acceptance Testing (Client-Owned
Task)
· Sub-Task 4.3.2: Woolpert to Provide Remote Testing Support
· Sub-Task 4.3.3: Woolpert to Update AMS and Related Application Configurations per Testing
Results
o Sub-Task 4.3.3.1: Cityworks AMS Configuration
o Sub-Task 4.3.3.2: Custom Application Interfaces Configuration
o Sub-Task 4.3.3.3: Configuration Documentation
Deliverables
· Woolpert will provide up to forty (40) hours of remote ad-hoc UAT support
· Woolpert will update the Cityworks Server AMS configuration based on UAT results
· Woolpert will update the custom application interfaces based on UAT results
· Woolpert will update the configuration documentation based on UAT results and updated con-
figurations
Assumptions
· Client UAT efforts will remain focused on the scripts and criteria defined in the UAT Plan
Client Responsibilities
· Set-up and administer adequate testing facilities
· Manage the testing process
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· Coordinate and schedule testing participants
· Testing participants shall actively participate in testing activities
TASK 4.4: PROVIDE END-USER TRAINING
Completion of the training efforts will result in Client system administrators and end-users being pro-
vided the training necessary to manage (administrators) and use (end-users) the configured Cityworks
Server AMS and integrated applications in an effective manner such that the Client’s over-arching busi-
ness objectives can be met through use of the newly configured system.
Woolpert team members will co-facilitate a series of Train-the-Trainer training classes. Each class will
be facilitated on-site at the Client’s identified training facility. Prior to the training, Woolpert will pre-
pare a training syllabus detailing each topic to be covered.
We have devised our Train-the-Trainer plan to accommodate training up to ten (10) Clientteam mem-
bers to be able to train other system users.
We did not include the Warehouse Managers or Warehouse Stockers in the Train-the-Trainer program.
Woolpert will be able to provide them all with the requisite Cityworks Storeroom training at one time
through a traditional classroom training program.
Woolpert will provide the full suite of Cityworks Server AMS (and related applications) training to the
Client’s identified trainers. Immediately following this training, Woolpert will lead the first round of
end-user training sessions (teaching the same material the Client trainers just learned) with support
being provided by the newly trained Client staff. Upon completion of this first round of end-user train-
ing, the Client trainers will proceed to undertake the remainder of the end-user training.
While this formalized end-user training occurs just prior to go-live, Client system administrators will
have already participated in the following training during prior project phases:
· Software installation and configuration training (knowledge transfer)
· Core Team training (system exposure prior to configuration workshops)
· Multiple System Configuration workshops (in which the software is used extensively)
· Multiple software demonstrations
· Tester training
Related sub-tasks are as follows:
· Sub-Task 4.4.1: Woolpert to Prepare Training Materials
· Sub-Task 4.4.2: Client PM to Prepare Client Site for Training (Client-Owned Task)
· Sub-Task 4.4.3: Woolpert to Provide On-Site Trainer Training
o Sub-Task 4.4.3.1: Train-the-Trainer Class 1 - Cityworks Designer and Administrator Train-
ing (10 Trainers) (On-Site Task)
o Sub-Task 4.4.3.2: Train-the-Trainer Class 2 - Cityworks Service Requests, Work Orders,
and Inspections Training (10 Trainers) (On-Site Task)
· Sub-Task 4.4.4: Woolpert to Provide On-Site End-User Training
o Sub-Task 4.4.4.1: End-User Class 1 - Cityworks Service Requests, Work Orders, and In-
spections Training (20 Users) (On-Site Task)
o Sub-Task 4.4.4.2: End-User Class 2 - Cityworks Storeroom Training (10 Users) (On-Site
Task)
o Sub-Task 4.4.4.3: End-User Class 3 - Cityworks-CCTV Integration Training (10 Users) (On-
Site Task)
· Sub-Task 4.4.5: City Trainers to Provide End-User Training
Attachment number 1 \nPage 36 of 43
Item # 8
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Scope of Work
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July 2, 2013 32
o Sub-Task 4.4.5.1: End-User Class 4 - Cityworks Service Requests, Work Orders, and In-
spections Training (20 Users) (Client-Owned Task)
o Sub-Task 4.4.5.2: End-User Class 5 - Cityworks Service Requests, Work Orders, and In-
spections Training (20 Users) (Client-Owned Task)
o Sub-Task 4.4.5.3: End-User Class 6 - Cityworks Service Requests, Work Orders, and In-
spections Training (20 Users) (Client-Owned Task)
o Sub-Task 4.4.5.4: End-User Class 7 - Cityworks Service Requests, Work Orders, and In-
spections Training (20 Users) (Client-Owned Task)
Deliverables
· Preparation of training materials
· Provision of training, as more fully detailed above
Assumptions
· The Client has an adequate training facility that can accommodate the resultant number of
staff to be trained
· Upon completion of two full rounds of training, Client trainers will be able to further train their
end-users with little to no support
Client Responsibilities
· Secure an appropriate training facility
· Coordinate and schedule training participants
· Training participants shall actively participate in training activities
TASK 4.5: PROVIDE GO-LIVE SUPPORT
Immediately following the Cityworks Training, Woolpert will provide on-site System Go-Live support in
order to assist with the successful start-up of the Cityworks system. During this time, Woolpert’s Senior
Systems Analyst and a Systems Analyst will assist the Client’s end-users and system administrators with
site-specific configuration issues. Additional coaching and supplemental training services will also be
provided during this time.
In preparation for go live, Woolpert’s Senior Systems Analyst will work on-site with the Client’s project
manager and IT support staff to ensure that all terminals requiring access to the Cityworks application
are tested for connectivity; all terminals requiring the ability to print documents are tested for con-
nectivity; and all system user accounts are tested for login ability. Additionally, as part of the go-live
preparation activities, Woolpert’s Senior Systems Analyst will migrate the configured and approved
Cityworks database from the Development environment to the Production environment. During this
time a Senior Developer will work with the Senior Systems Analyst to migrate the integration efforts to
the production environment.
During the first week of live Cityworks operations, Woolpert’s Senior Systems Analyst and Systems Ana-
lyst will provide the on-site support required to coach new users and provide detailed technical sys-
tems support. This support will occur between the hours of 8:00 am and 5:00 pm local time Monday
through Friday of the first week of production. Scheduling variances can be facilitated by Woolpert to
accommodate the Client schedules.
Related sub-tasks are as follows:
· Sub-Task 4.5.1: Woolpert to Migrate AMS Applications and Databases to Production Envi-
ronment (On-Site Task)
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· Sub-Task 4.5.2: Woolpert to Perform Data Load to Production Environment AMS Database
(On-Site Task)
· Sub-Task 4.5.3: Woolpert to Provide One Week of On-Site Go-Live Support (On-Site Task)
· Sub-Task 4.5.4: Woolpert to Provide One Week of Remote Post Go-Live Support
Deliverables
· Woolpert will migrate all applications and databases from Development to Production environ-
ment
· Woolpert will perform a final data load of converted legacy data sets to Production database
· A Woolpert Senior Systems Analyst and System Analyst will be provided on site for up to forty
(40) hours each to support system go-live activities
· Woolpert will provide up to twenty (20) hours of remote post go-live support during the first
week of full system use immediately following the go-live activities.
Assumptions
· The Client’s project manager will provide project sign-off within agreed upon timeframe fol-
lowing Go-Live.
Client Responsibilities
· The Client’s project manager and IT support staff should equally assist in administering the Go-
Live tasks to make sure it is clear to the End-Users that the Client is internally capable of sup-
porting the newly deployed Cityworks Server AMS solution. The Client system administrators
and IT support staff will benefit from learning basic Cityworks AMS troubleshooting routines
during this time.
TASK 4.6: PHASE 4 QUALITY CONTROL
Woolpert technical resources, not regularly involved with this implementation will perform independ-
ent quality review of the work processes and deliverable products in accordance with the Woolpert
Total Quality Plan.
TASK 4.7: PHASE ACCEPTANCE AND CLOSE
This is the Phase 4 exit document that the Client signs indicating Woolpert has delivered the Phase 4
services in accordance with the Scope of Work. After the phase 4 has been approved by the Client,
Woolpert will provide a project close document for signature by the Client, signifying that all items
listed within this scope of work have been completed.
Attachment number 1 \nPage 38 of 43
Item # 8
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Scope of Work
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July 2, 2013 34
PHASE 5 – EXTENDED SUPPORT
To be Defined – Discussion of what would go here.
Attachment number 1 \nPage 39 of 43
Item # 8
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Scope of Work
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CITYWORKS AMS SOFTWARE LICENSING
Azteca Systems, Inc. is offering two Cityworks Serve AMS software licensing options detailed as follows:
• Option 1 – Utility Department Enterprise License Agreement (ELA) to include unlimited Server
AMS, Desktop, Storeroom, CCTV, Equipment Manager, Contracts, Basic Work Order API, Service Re-
quest API, and Mobile log-ins (utility department staff only). The annual cost of this option (as an
ELA) is $59,640.00.
• Option 2 – Utility Department Site License to include unlimited Server AMS, Desktop, Storeroom,
CCTV, Equipment Manager, Contracts, Basic Work Order API, Service Request API, and Mobile log-
ins (utility department staff only). The initial (first year) cost of this option is $176,995.00 with an
annual maintenance and support fee (beginning in the second year) of twenty percent of the li-
cense fee ($35,399).
The Site License option requires a greater up-front software license fee investment, but offers a lower
total cost of ownership over a six year period.
Cityworks licensing fees were developed by Azteca Systems, Inc. and are based on the following system
statistics:
• Augusta – Richmond County Government population of 195,000
• 71,000 water connections
• 57,000 sewer connections
A formal software quote from Azteca will be provided.
Attachment number 1 \nPage 40 of 43
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Scope of Work
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PROJECT COSTS
Estimated Project Costs are as follows:
Task Cost
PROJECT ROLL-UP: $559,925.00
SOFTWARE COSTS ......................................................................................$176,995.00
PROJECT MANAGEMENT ...............................................................................Included
PHASE 1: IMPLEMENTATION PLANNING ............................................................ $52,760.00
Task 1.1: Conduct Pre-Planning Discovery ..................................................... $13,540.00
Task 1.2: Install and Configure Core Cityworks AMS Software in a Sandbox Envi-
ronment ................................................................................. $3,620.00
Task 1.3: Conduct Core Team Training ........................................................ $4,420.00
Task 1.4: Conduct Business Process Reviews .................................................. $31,170.00
PHASE 2: SYSTEM DESIGN AND CONFIGURATION ................................................ $94,890.00
Task 2.1: Prepare Configuration Documentation ............................................. $7,310.00
Task 2.2: Core Cityworks AMS Configuration .................................................. $49,390.00
Task 2.3: Cityworks Storeroom Configuration................................................. $18,570.00
Task 2.4: Cityworks AMS - CCTV Integration Configuration ................................ $7,470.00
Task 2.5: Review and Approval of Updated System and Configuration Documenta-
tion ....................................................................................... $5,030.00
Task 2.6: Provide Cityworks AMS Software Demonstrations ................................ $7,120.00
PHASE 3: ADVANCED AMS FUNCTIONALITY DESIGN AND CONFIGURATION ................. $156,840.00
Task 3.1: Application Interfaces ................................................................ $92,330.00
Task 3.2: Perform Data Conversion of Legacy Data .......................................... $36,790.00
Task 3.3: Develop Custom Reports and Dashboards ......................................... $27,720.00
PHASE 4: SYSTEM DEPLOYMENT ..................................................................... $78,440.00
Task 4.1: Develop Test Plan ...................................................................... $13,080.00
Task 4.2: Provide Tester Training ............................................................... $7,240.00
Task 4.3: User Acceptance Testing ............................................................. $17,280.00
Task 4.4: Provide End-User Training ............................................................ $18,920.00
Task 4.5: Provide Go-Live Support .............................................................. $21,920.00
Attachment number 1 \nPage 41 of 43
Item # 8
Cityworks Enterprise Asset Management System Implementation
Scope of Work
City of Augusta, Georgia – Utilities Department
July 2, 2013 37
Woolpert’s current rate schedule, for non-scoped implementation services offered on a Time & Materi-
al basis, are as listed in the following table. These rates are valid through December 31, 2013.
Resource Name Hourly Rate
Practice Leader ...........................................................$220.00/hr
Project Director ...........................................................$203.00/hr
Project Manager ..........................................................$184.00/hr
Group Manager ............................................................$184.00/hr
Subject Matter Specialists ..............................................$215.00/hr
Senior Developer ..........................................................$175.00/hr
Developer ................................................................$150.00/hr
Senior Systems Analyst ..................................................$145.00/hr
System Analyst ............................................................$130.00/hr
Admin .......................................................................$80.00/hr
Attachment number 1 \nPage 42 of 43
Item # 8
Cityworks Enterprise Asset Management System Implementation
Scope of Work
City of Augusta, Georgia – Utilities Department
July 2, 2013 38
PROJECT SCHEDULE
A Microsoft Project Schedule Gantt Chart, indicating appropriate project milestones and critical path,
will be developed once a final Scope of Work has been determined. The above detailed Scope of Work,
as presented, can be delivered within fifty (50) weeks of receipt of a Notice-to-Proceed. This schedule
can be optimized to provide a nine (9) to ten (10) implementation period.
Attachment number 1 \nPage 43 of 43
Item # 8
Software License Agreement, Page 1 of 9
Azteca Systems, Inc. Phone: (801) 523-2751
11075 South State St. FAX (801) 523-3734
Suite 24 Email: info@cityworks.com
Sandy, Utah 84070 http://www.cityworks.com
CITYWORKSÒ
SOFTWARE LICENSE AGREEMENT
Contract No. C156413
This is a license agreement and not an agreement for sale. This license agreement
(Agreement) is between Augusta, Georgia, a political subdivision of the State of Georgia, with
its place of business at 530 Greene Street, Augusta, GA U.S.A., 30901 (Licensee) and Azteca
Systems Inc. (Azteca SystemsTM), a Utah corporation, with its principal place of business at
11075 South State Street, Suite #24 Sandy, Utah, 84070, and gives Licensee certain limited
rights to use the proprietary software The Software Cityworks and Related Materials. All rights
not specifically granted in this Agreement are reserved to Azteca Systems.
1. Definitions: As used herein, the following words, phrases, or terms in this Agreement shall
have the following meanings:
1.1 “The Software Cityworks” means the actual copy of all or any portion of the
computer programs delivered as listed in paragraph 5.1 Licensed Software, inclusive
of backups, updates, or merged copies permitted hereunder or subsequently
supplied by Azteca Systems.
1.2 “Related Materials” means all of the printed materials, user documentation,
training documentation, and confidential activation code for The Software Cityworks
supplied by Azteca Systems under this Agreement.
1.3 "Effective Date" shall mean the date on which Licensee receives the Software Cityworks
and Related Material from Azteca Systems.
2. Term: This Agreement shall become effective on the Effective Date and shall be valid for as
long as Licensee complies with the Permitted Uses and Uses Not Permitted provisions of this
Agreement unless otherwise terminated in accordance with this Agreement. Azteca Systems
may terminate this Agreement by 30 calendar days’ prior written notice to Licensee if Licensee
fails to comply with the Permitted Uses and Uses Not Permitted provisions of this Agreement.
Unless otherwise agreed in writing, Licensee shall have 60 days after receiving notice of such
failed compliance from Azteca Systems to cure the default. If this Agreement is terminated
either under Section 8 or Section 17 below, Licensee shall then return to Azteca Systems all of
The Software Cityworks, related modules, related updates, and any whole or partial copies,
codes, modifications, and merged portions in any form. Azteca will likewise return all
materials, digital or otherwise, belonging to Licensee. Azteca will for no additional charge to
Attachment number 2 \nPage 1 of 9
Item # 8
Software License Agreement, Page 2 of 9
Licensee and at Licensee’s option either grant a perpetual license to the Licensee which will
allow Licensee to retain the ability to access records and data contained in The Cityworks
Software or will provide hard copies of all files needed by the Licensee. The parties hereby
agree that all provisions which operate to protect the intellectual rights of Azteca Systems shall
remain in force should breach occur.
3. Reservation of Ownership and Grant of License: Azteca Systems retains exclusive title and
ownership of any copy of The Software Cityworks and Related Material licensed under this
Agreement and grants to Licensee a personal, nonexclusive, nontransferable license to use The
Software Cityworks and Related Materials pursuant to the terms and conditions of this
Agreement. From the Effective Date, Licensee agrees to use reasonable effort to protect The
Software Cityworks and Related Materials from unauthorized use, reproduction, distribution,
or publication.
4. Copyright: The Software Cityworks and Related Material are owned by Azteca Systems and
are protected by United States copyright laws and applicable international treaties and/or
conventions. Licensee agrees not to export The Software Cityworks into a country which does
not have copyright laws that will protect Azteca System’s proprietary rights.
5. Licensing and/or Royalty Fees: In consideration of the License fees (“License Fees”) paid
under Purchase Order No.___________ dated______________(see attachment A), Azteca
Systems grants to Licensee a nonexclusive, nontransferable license to use the Licenses
obtained under this Agreement as follows:
5.1 Licensed Software Departmental Site License for Augusta Utility Department
including: Server AMS, Desktop, Storeroom, CCTV Interface,
Equipment Manager, Contracts, Cityworks Analytics, Service
Request API, Work Order API, and Use of the API’s for 3rd party
Local Government Templates
Initial ______
5.2 Permitted Uses:
· Licensee may use the number of copies of The Software Cityworks specified in
paragraph 5.1 for which License Fees have been paid on the computer systems(s)
and/or specific computer networks(s) for Licensee’s own internal use.
· Licensee may install the number of copies and modules of The Software Cityworks
specified in paragraph 5.1 for which License Fees have been paid onto the permanent
storage device(s) on the computer system(s) and/or specific computer network(s).
· Licensee may maintain one (1) copy of The Software Cityworks to a CD or DVD type
medium for archival purposes during the term of this Agreement unless the right to
make additional copies is granted to Licensee in writing by Azteca Systems. Regularly
Attachment number 2 \nPage 2 of 9
Item # 8
Software License Agreement, Page 3 of 9
scheduled full system and partial system archival backups are allowable and specifically
exempted from this provision.
· Licensee may use, copy, alter, modify, merge, reproduce, and create derivative works
of the on-line documentation accessible on MyCityworks.com for Licensee’s own
internal use. The portions of the on-line documentation merged with other software,
hard copy, and digital materials shall continue to be subject to the terms and
conditions of this Agreement and shall provide the following copyright attribution
notice acknowledging Azteca Systems proprietary rights in the on-line documentation:
“Portions of this document include intellectual property of Azteca Systems and are
used herein by permission. Copyright Ó 2013 Azteca Systems Inc. All Rights
Reserved.”
5.3 Uses Not Permitted:
· Licensee shall not sell, rent, lease, sub-license, lend, assign, time-share, transfer or
export, in whole or in part to unlicensed third parties, or provide access to prior or
present versions of The Software Cityworks, any updates, or Licensee’s rights under
this Agreement. Nothing in this Section shall prevent use of and access to The Software
Cityworks by Licensee’s employees, agents or others performing work for or on behalf
of the Licensee.
· Licensee shall not reverse engineer, decompile, or disassemble The Software Cityworks,
or make any attempt to unlock or bypass The Software Cityworks keycode, as
applicable, subject to local law.
· Licensee shall not make additional copies of The Software Cityworks and Related
Materials beyond that described in the Permitted Uses section above.
· Licensee shall not remove or obscure any Azteca Systems copyright or trademark
notices.
6. The Software Cityworks Update and Support: Update and support services for The
Software Cityworks is available if Licensee and Azteca Systems have executed a Cityworks
Update and Support Agreement. Fees for any such support services shall be governed by the
Cityworks Update and Support Agreement.
7. Limited Warranty: Limited Warranty: Azteca Systems warrants that it owns or has the full
right and authority and all associated intellectual property rights necessary to grant Licensee
rights and licenses set forth in this Agreement to The Software Cityworks and Related
Materials. Azteca Systems warrants that The Software Cityworks, unaltered, will substantially
conform to the Related Materials for a period of one (1) year from the Effective Date
(“Warranty Period”). Azteca Systems warrants that the media upon which The Software
Cityworks is provided will be free from defects in materials and workmanship under normal
use and service during the Warranty Period.
Attachment number 2 \nPage 3 of 9
Item # 8
Software License Agreement, Page 4 of 9
AZTECA SYSTEMS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE CITYWORKS.
AZTECA SYSTEMS DOES NOT WARRANT THAT THE OPERATIONS OF ITS RESPECTIVE SOFTWARE
AND RELATED MATERIALS WILL BE UNINTERRUPTED AND/OR ERROR FREE.
8. Exclusive Remedy and Limitation of Liability: Exclusive Remedy and Limitation of Liability:
One (1) year from the Effective Date and during the Warranty Period, Azteca System’s entire
liability and Licensee’s exclusive remedy for breach of the warranties against defect(s) in
materials and workmanship shall be to request Azteca Systems correct the defect(s) by whatever
means reasonably available to Azteca Systems such as remedy the defect(s), or provide a
suitable work around, or replace The Software Cityworks in accordance with the Cityworks
Update and Support Agreement (if then in effect with Licensee). If Azteca Systems exhausts
available remedies and is unable to remedy the defect(s) Licensee may by written notice of its
election to Azteca Systems, terminate this Agreement for its convenience and have Azteca
Systems return 100% of the License Fees paid upon the Licensee’s return of The Software
Cityworks to Azteca Systems. Azteca Systems shall not be liable for indirect, special, incidental,
or consequential damages related to Licensee’s use of The Software Cityworks, unless such
damage is caused by Azteca System’s actual negligence.
IN NO EVENT SHALL AZTECA SYSTEMS BE LIABLE TO THE LICENSEE FOR COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOST SALES OR BUSINESS
EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS
OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THIS AGREEMENT OR USE OF THE SOFTWARE AND RELATED
MATERIALS, UNLESS SUCH LOSS OR DAMAGE IS CAUSED BY AZTECA SYSTEM’S ACTUAL
NEGLIGENCE.
9. Indemnity: Indemnity: Azteca Systems, at its own expense, will hold harmless, defend and
indemnify Licensee from all claims that The Software Cityworks or Related Materials furnished
under this Agreement infringes a U.S. Copyright or other intellectual property rights of a third
party, provided that Licensee gives Azteca Systems prompt written notice of such claims.
As to The Software Cityworks which are or in the opinion of Azteca Systems may become subject
to a claim of infringement, Azteca Systems, at its option, will obtain the right for Licensee to
continue using The Software Cityworks or replace or modify The Software Cityworks so as to
make them non-infringing. If none of the alternatives is available on commercially reasonable
terms, then Licensee agrees to, upon Azteca Systems’ written request, terminate for
convenience the Agreement upon the Licensee returning The Software Cityworks to Azteca
Systems and Azteca Systems will refund to the Licensee 100% of the License Fees paid.
Azteca Systems will not indemnify or defend Licensee from any infringement claim resulting
from Licensee’s unauthorized modification or alteration of The Software Cityworks or Related
Materials.
Attachment number 2 \nPage 4 of 9
Item # 8
Software License Agreement, Page 5 of 9
This section states Azteca System’s entire obligation to Licensee and Licensee’s sole and
exclusive remedy for infringement.
10. Additional Software Licenses: Azteca Systems acknowledges that this contract and any
changes to it by amendment, modification, change order or other similar document may have
required or may require the legislative authorization of the Board of Commissioners and
approval of the Mayor. Under Georgia law, Azteca Systems is deemed to possess knowledge
concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of
Azteca Systems' provision of goods or services to Augusta, Georgia under an unauthorized
contract, amendment, modification, change order or other similar document, including the
possibility that the Azteca Systems may be precluded from recovering payment for such
unauthorized goods or services. Accordingly, Azteca Systems agrees that if it provides goods or
services to Augusta, Georgia under a contract that has not received proper legislative
authorization or if the Azteca Systems provides goods or services to Augusta, Georgia in excess
of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter
and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services
provided by Azteca Systems. Azteca Systems assumes all risk of non-payment for the provision
of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment
or to other remedies for the provision of any unauthorized goods or services to Augusta,
Georgia, however characterized, including, without limitation, all remedies at law or equity.
11. Export Regulations: Licensee acknowledges that this Agreement and the performance
thereof are subject to compliance with any and all applicable United States laws, regulations, or
orders relating to the export of computer software or know-how relating thereto. The Software
Cityworks are determined to be Technical Data under United States export laws. Licensee
agrees to comply with all laws, regulations, and orders of the United States in regard to any
export of such Technical Data. Licensee agrees not to disclose or re-export any Technical Data
received under this Agreement in or to any countries for which the United States government
requires an export license or other supporting documentation at the time of export or transfer,
unless Licensee has obtained prior written authorization from Azteca Systems and the U.S.
Office of Export Control.
12. Force Majeure:
Neither party shall be liable to the other for failure or delay in the performance of a required
obligation during any period where such failure or delay is caused by strike, riot, fire, flood,
natural disaster, or other similar cause beyond such party’s control, provided that such party
gives prompt written notice of such condition and resumes its performance as soon as possible.
13. Severability: If any provision(s) of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and
enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
The provisions of this Agreement shall be enforceable to the extent permissible under the laws
of the State of Georgia.
Attachment number 2 \nPage 5 of 9
Item # 8
Software License Agreement, Page 6 of 9
14. No Implied Waivers: No failure or delay by Azteca Systems or Licensee in enforcing any right
or remedy under this Agreement shall be construed as a waiver of any future or other exercise
of such right or remedy by Azteca Systems.
15. Order of Precedence: Any conflict between the terms of this License Agreement and any
Purchase Order or other terms shall be resolved in favor of the terms of this License Agreement.
16. Governing Law: The law of the State of Georgia shall govern this Agreement between
Azteca Systems and Licensee with regard to its interpretation and performance, and any other
claims related to this Agreement. All claims, disputes and other matters in question between
Azteca Systems and Licensee arising out of or relating to the Agreement or the breach thereof,
shall be decided by a court of competent jurisdiction in Richmond County, Georgia. Azteca
Systems, by executing this Agreement, specifically consents to jurisdiction and venue in
Richmond County and waives any right to contest the jurisdiction and venue in Richmond
County,
17. Termination for Convenience: In the event that either funding from the Licensee or other
sources is withdrawn, reduced, or limited, or the authority of the Licensee to perform any of
its duties is withdrawn, reduced, or limited in any way after the Effective Date of this
Agreement and prior to normal completion, or the Licensee determines that it is in its best
interest to sever the agreement, the parties shall have the authority to exercise the
Termination for Convenience option to terminate this Agreement, in whole or in part. If a
party to this Agreement chooses to terminate for convenience that party may do so by thirty
(30) days written notice to the other party.
If this Agreement is terminated for convenience, the Licensee is only liable for payment
required by the terms of this Agreement for services rendered or software received and
accepted prior to the Effective Date of termination.
Also, set forth elsewhere in this Agreement are specific provisions which allow the parties to
terminate this Agreement for convenience (see Exclusive Remedy and Limitation of Liability
provision).
18. Mediation Clause: Azteca Systems and Licensee will attempt to settle any claim or
controversy arising out of this Agreement through consultation and negotiation in good faith
and a spirit of mutual cooperation. If those attempts fail then the dispute will be mediated by
a mutually acceptable mediator to be chosen by Azteca Systems and the Licensee within thirty
(30) days after written notice by one of the parties demanding non-binding mediation. Neither
party may unreasonably withhold consent to the selection of a mediator. Azteca Systems and
the Licensee will share the cost of the mediation equally. By mutual agreement, however,
Azteca Systems and Licensee may postpone mediation until both parties have completed some
Attachment number 2 \nPage 6 of 9
Item # 8
Software License Agreement, Page 7 of 9
specified limited discovery about the dispute. The parties may also agree to replace mediation
with some other form of non-binding alternate dispute resolution procedure (“ADR”).
Any dispute which cannot be resolved between the parties through negotiation or mediation
within two (2) months of the date of the initial demand for it by one of the parties may then be
submitted to a court of competent jurisdiction in the County of Richmond, Georgia. Both
Azteca Systems and Licensee consent to jurisdiction by such a court. The use of any ADR
procedures will not be considered under the doctrine of latches, waiver or estoppel to affect
adversely the rights of either party. Nothing shall prevent either of the parties from resorting
to the judicial proceedings mentioned in this paragraph if (a) good faith efforts to attempt
resolution of the dispute under these procedures have been unsuccessful; or (b) interim relief
from the court is necessary to prevent serious and irreparable injury to one of the parties or
others.
19. Entire Agreement: This Agreement constitutes the sole and entire agreement of the parties
as to the matter set forth herein and supersedes any previous agreements, understandings, and
arrangements between the parties relating hereto. Except as otherwise expressly provided
herein, any Amendments to this Agreement must be in writing and signed by an authorized
representative of each party.
20. Data Confidentiality Statement: For any client data and / or confidential information (data)
provided to Azteca Systems, we will take reasonable measures to assure that the data is not
inappropriately accessed or distributed to any third-party. Data provided to Azteca Systems by
the client will be loaded onto Azteca Systems servers or employee computers for the purpose of
testing Cityworks software, database structure, or database values, and related Esri software to
resolve database or software performance issues, software enhancements and software defects
(“bugs”). At no time will the data be distributed to individuals or organizations who are not
Azteca Systems employees without first receiving written approval from the client. If requested
by the client, and once the testing has been completed, Azteca Systems will delete all data
provided by the client.
Attachment number 2 \nPage 7 of 9
Item # 8
Software License Agreement, Page 8 of 9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective, valid,
and binding upon the parties as of the date below as executed by their duly authorized
representatives.
Accepted and Agreed:
Augusta, Georgia. Azteca Systems, Inc.
(Licensee) (Azteca Systems)
By: By:
Authorized Signature Authorized Signature
Printed Name: Deke Copenhaver Printed Name:
Title: Mayor Title:
Date:___________________ Date:__________________
Attest Witness
By:__________________________________ By:_________________________________
Lena J. Bonner, Clerk of Commission
Date:___________________ Date:__________________
This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original
and all of which taken together will be deemed to constitute one and the same instrument. Counterparts may be
executed either in original, faxed or other agreed electronic form. The parties adopt any signatures received by a
receiving fax machine or other agreed electronic form as valid and binding original signatures of the parties even if
an original paper document bearing a party's original signature is not delivered. Any party providing its signature
in such manner will upon request promptly forward to the other party an original of the signed copy of this
Agreement.
Attachment number 2 \nPage 8 of 9
Item # 8
Software License Agreement, Page 9 of 9
Attachment A – Purchase Order
Attachment number 2 \nPage 9 of 9
Item # 8
Update & Support Agreement, Page 1 of 14
Azteca Systems, Inc. Phone: (801) 523-2751
11075 South State St. FAX (801) 523-3734
Suite 24 Email: info@cityworks.com
Sandy, Utah 84070 http://www.cityworks.com
CITYWORKSÒ
UPDATE & SUPPORT AGREEMENT
Contract No.C156413
This agreement (Agreement) is between Augusta, Georgia,, a political subdivision of the
State of Georgia, with its place of business at 530 Greene Street, Augusta, GA U.S.A.,
30901 (hereafter the User), as specified in paragraph 9.1, and Azteca Systems Inc.
(hereafter Azteca SystemsTM), a Utah corporation, with its principal place of business at
11075 South State Street, Suite #24 Sandy, Utah, 84070. Azteca Systems and the User
have entered into a license agreement with respect to use of The Cityworks Software
(the “Cityworks Software License Agreement”); and User also desires to secure software
Cityworks update and support services from Azteca Systems with respect to such
Software as more specifically enumerated in this Agreement.
THE PARTIES AGREE AS FOLLOWS:
1. DEFINITIONS
1.1 "Covered Software" shall mean the particular Software, scripts, interfaces and
custom code identified in paragraph 9.2.
1.2 "Custom Applications" shall mean any scripts, interfaces, reports or program
code requested by the Licensee, other than Program Modifications to the
Cityworks applications that provide specific functionality uniquely designed for the
Licensee. Any Custom Applications delivered to Licensee shall NOT become part of
the Licensed Software unless otherwise specified in section 9.2. The Custom
Applications scripts, interfaces, reports and program code shall be provided to the
client as a deliverable and client shall have full ownership rights for the Custom
Applications. However, Azteca Systems shall retain the right to utilize, modify and
enhance the scripts, interfaces, reports or program code of the Custom
Applications as Azteca Systems deems appropriate.
1.3 "Effective Date" shall mean the date on which User receives the Software
Cityworks software from Azteca Systems in accordance with the Cityworks Software
License Agreement, Contract No. C156413 between User and Azteca Systems dated
____________.
Attachment number 3 \nPage 1 of 14
Item # 8
Update & Support Agreement, Page 2 of 14
1.4 "Licensed Software" shall mean the particular Software identified in paragraph
9.2 item (d) Description of Covered Software.
1.5 "Program Fixes" shall mean minor corrections to the Licensed Software to
correct deviations in the Licensed Software. Any Program Fixes delivered to User
shall become part of the Licensed Software under the Cityworks Software License
Agreement.
1.6 "Program Modifications" shall mean new versions of or additions to the
Licensed Software, which adds to or alters the function(s) of the Licensed Software
and new modules or products adapted to interface with the Licensed Software and
add to or alter the function(s) of the Licensed Software, requested by the User. Any
Program Modifications delivered to User shall become part of the Licensed Software
under the Cityworks Software License Agreement.
1.7 “Product Updates” are Program Fixes, Program Upgrades and Program
Modifications.
1.8 "Program Upgrades" shall mean new versions of, or additions to, the Licensed
Software prepared by Azteca Systems that improve its operating performance but do
not add to or alter its basic function(s). Any Program Upgrades delivered to User shall
become part of the Licensed Software.
1.9 "Software" shall mean Cityworks source code, machine-readable code, and
related documentation.
1.10 "Update & Support Period" shall mean the initial Update and Support period
commencing upon the Effective Date of this Agreement, as set forth in section 9.2,
and any subsequent twelve-month period.
1.11 "Update & Support Agreement" or “Agreement” shall mean this Update &
Support Agreement between Azteca Systems and User identified in paragraph 9.1,
the terms and conditions of which are hereby incorporated by reference.
2. SUPPORT
2.1 The services to be provided during the Update & Support Period include Azteca
Systems Product Updates to Azteca System's Cityworks applications including
Program Fixes, Program Upgrades and Program Modifications (not Custom
Applications). Azteca Systems will make all reasonable efforts to provide
upward compatibility for The Cityworks Software applications within a
reasonable timeframe for minor and major Esri® ArcGIS and Cityworks
supported databases revisions. If identified as “Covered Software”, Azteca
Systems will ensure upward compatibility within a reasonable timeframe for
Attachment number 3 \nPage 2 of 14
Item # 8
Update & Support Agreement, Page 3 of 14
Custom Applications when there are minor ArcGIS and Cityworks supported
databases revisions (for example, from rev 10.1 to rev 10.2). Azteca Systems
will not ensure upward compatibility for Custom Applications when there are
major Esri ArcGIS and Cityworks supported databases revisions (for example,
from rev 10.x to rev 11.x).
2.2 Azteca Systems shall, without additional charge (except as allowed for in
paragraph 3.4 and 7.3), during the term of this Agreement:
(a) Make all reasonable efforts to provide those Program Fixes, if any, that are
necessary to assure the Covered Software is functioning properly; provided
User provides Azteca Systems with written notice specifying particularity in
narrative, non-technical terms to the best of User staff’s ability the apparent
error in the system and the manner in which the Covered Software is not
functioning properly (as provided in Section 8); and
(b) Deliver to User any Program Upgrades relating to the Covered Software made
available to others.
(c) Provide Telephone User Support, Email Support, Web Support, during normal
business hours, 8 AM to 5 PM Mountain Time, Monday through Friday
(excepting Holidays) and after hour emergency support line, and other
benefits deemed appropriate by Azteca Systems (as set forth in Section 7).
(d) Implement and maintain a means of secure, remote direct network access
(VPN, Web-access, dial-up, etc) to the User’s systems in order to perform
thorough remote diagnostics and effect remote repairs, upgrades, and fixes.
Azteca Systems and User will mutually agree on a method of connectivity
that permits this level of support while ensuring the integrity of the User’s
network and systems.
2.3 The following items, among others, however, are specifically excluded as
support services under this section of this Agreement:
(a) interpretation of program results;
(b) assistance with questions related to computer hardware and peripherals that
are not related to the use of the Covered Software;
(c) assistance with computer operating system questions not directly pertinent to
the Covered Software or Program Modifications;
(d) data debugging and/or correcting;
Attachment number 3 \nPage 3 of 14
Item # 8
Update & Support Agreement, Page 4 of 14
(e) services necessitated as a result of any cause other than authorized ordinary
and proper use by the User of the Covered Software, including but not
limited to neglect, abuse, unauthorized modification, unauthorized updates
or electrical, fire, water or other damage; and
(f) consulting regarding Custom Applications created to function with the Covered
Software unless the Custom Application is identified as Covered Software in
paragraph 9.3.
3. CHARGES
3.1 For services hereunder, User shall pay Azteca Systems an annual fee. The annual
fee for the initial Update & Support Period is set forth in paragraph 9.2, and shall be
paid prior to the start of the initial Update & Support Period. The annual fee for
successive Update & Support Periods (twelve-month periods commencing upon the
anniversary of the initial Update & Support Period) shall become due prior to the end
of the preceding paid-up Update & Support Period.
3.2 Upon 90 days written notice, the fee for Update and Support Periods listed in
paragraph 9.2 subsequent to the third Update and Support Period may be adjusted
by Azteca to reflect increases in costs of providing the services described herein
and/or to reflect increases in the population, users, size, usage, and other factors of
User; provided, however, that (a) if the above factors remain constant the increase in
the pricing shall not exceed the Consumer Price Index and (b) if any such proposed
cost increase is in User’s opinion excessive, User shall be entitled to terminate this
Agreement prior to the start of the applicable Update & Support Period and shall not
be liable for any further payment under this Agreement. Azteca will notify User of
the new pricing no later than 90 days prior to the annual renewal date of the year
preceding the year for which such adjusted pricing applies.
3.3 In addition to charges due under this Agreement, User shall pay amounts equal
to any sales tax, duties, or other consumption taxes, however designated, which are
levied or based upon such charges, or upon this Update & Support Agreement.
3.4 In the event User and Azteca Systems agree it becomes necessary for Azteca
Systems to be on-site to provide support for the Covered Software, the User will
reimburse Azteca Systems for reasonable and customary travel expenses directly
related to the on-site work. Azteca Systems shall provide an estimate and get the
prior approval of User before incurring any costs for which it shall seek
reimbursement from User under this Section. Any reimbursement shall be subject
to Azteca providing verifiable documentation of such expenses to User. User
reserves the right to require an audit of any such cost related records of Azteca to
the extent reimbursement has been made by User under the terms of this Section.
Attachment number 3 \nPage 4 of 14
Item # 8
Update & Support Agreement, Page 5 of 14
4. LIMITED WARRANTY
4.1 Azteca Systems will provide support services for the Cityworks Software,
Enhancements to Cityworks Software and Custom Applications created by Azteca
Systems identified as Covered Software in paragraph 9.3. The support services are
provided as part of the Azteca Systems Update and Support services and will be in-
force for the duration of this Agreement. Update & Support Periods beyond the
initial Update & Support Period are renewable unless terminated as provided in
Section 6 below. The Update and Support Services consists of software and
documentation updates and access to technical support via telephone, email, web-
based (MyCityworks.com) and after hours support via pager as set forth in Section
2 above. The User will provide Azteca Systems in writing the names of the User
individuals who are authorized to contact Azteca Systems and request support
services.
4.2 Azteca Systems warrants that trained personnel employed or contracted by
Azteca Systems will perform the services performed hereunder in conformance with
best industry standards.
4.3 With respect to the services provided hereunder and to the extent permitted by
applicable law, this warranty is in lieu of all other warranties, whether written or oral,
express or implied, including without limiting the generality of the foregoing, any
warranty of non-infringement, merchantability or fitness for a particular purpose.
5. LIMITATION OF LIABILITY
5.1 The liability for Azteca Systems for damages arising under this Agreement shall be
limited to the fees actually paid by User to Azteca Systems for the current Update and
Support Period pursuant to Section 3 hereof. In no event shall Azteca Systems be liable
for any incidental, indirect, special, or consequential damages whatsoever (including
but not limited to lost profits) arising out of or related to the support and services
provided hereunder by Azteca Systems, even though Azteca Systems may have been
advised, know or should have known of the possibility of such damages, unless such
damage is caused directly by Azteca System’s actual negligence.
6. TERM AND TERMINATION
6.1 The effective date of this Agreement, as set forth in section 9.2, shall continue
through December 31 of that same year. This Agreement shall: (i) terminate
absolutely and without further obligation on the part of Augusta each and every
December 31st, as required by O.C.G.A. § 36-60-13, as amended, unless terminated
earlier in accordance with the termination provisions in this Article of this
Agreement: (ii) automatically renew on each January 1st, unless terminated in
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Update & Support Agreement, Page 6 of 14
accordance with the termination provisions of this Agreement; and (iii) terminate
absolutely, with no further renewals, on December 31, 2020, unless extended by
written amendment. The Contract Time may be extended only by written renewal
approved by the Augusta, Georgia Board of Commissioners and executed by the
Augusta, Georgia Mayor and the Contractor in accordance with the terms of this
Contract.
6.2 This Agreement shall be terminated upon termination of the Cityworks
Software License Agreement and, after the initial Update & Support Period, may be
terminated by either party upon 30 days' written notice prior to the end of the then
current Update & Support Period. If termination occurs during a successive Update &
Support Period for which the User has paid the renewal fee in full, Azteca Systems
shall return a prorated portion of the renewal fee for that period to the User.
7. PROCEDURES FOR ACCESSING SUPPORT
7.1 All problem categories from routine, non-critical and critical that occur during
normal business hours shall procedurally occur as follows: 1) User’s system
administration staff as first line of support, 2) Azteca Systems staff as the second
line of support. Azteca Systems will make all reasonable efforts to acknowledge all
requests for support during normal business hours within 4 hours.
7.2 Prior to calling Azteca Systems for support services, the User will first attempt
to isolate any problems that occur with the System. The User will try to reduce the
problem down to a specific software or system component. If it is determined
that the problem is The Cityworks Software component the User will first try and
resolve the problem without Azteca Systems’ involvement. If the User cannot
resolve the problem or isolate the problem, the User will call Azteca Systems
directly.
7.3 For critical problems that occur outside of Azteca Systems’ normal business
hours (8 AM to 5 PM, Mountain Time) and cannot be isolated and resolved by the
User, Azteca Systems will provide an after-hours phone number or pager number
that will forward the call or page to the currently assigned Azteca Systems support
staff. Azteca Systems will make all reasonable efforts to acknowledge and respond
to the request for support for critical problems that occur outside of normal
business hours within 4 hours of receipt of the call from a designated and
authorized User representative. Critical problems are defined as problems that
cause several users to be unable to perform their duties. Depending upon the
type of problem, Azteca Systems support staff may need to be sent from Azteca
Systems offices to the User location. Azteca Systems project management will
confer with the User’s representative or project management before making this
decision. The speed at which remote Azteca Systems staff can respond may be
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Item # 8
Update & Support Agreement, Page 7 of 14
limited by the driving time or the airline flights that are available. The User will
reimburse Azteca Systems for all reasonable and customary travel expenses
associated with resolving the problem (pursuant to the provisions of paragraph
3.4). For routine and non-critical problems the User will submit support requests
during normal business hours.
7.4 For all problems involving The Cityworks Software component that are
resolved without Azteca Systems’ involvement, the User will document the
problem and the resolution and send a report to Azteca Systems so that it can be
tracked, monitored, and historically recorded.
8. MISCELLANEOUS
8.1 Azteca Systems shall not be in default under this Agreement for its failure to
perform or its delay in performing any obligation under this Agreement (other than
the reimbursement of fees as set forth in paragraph 5.1) during any period of time
during which such delay is due to fire, flood, earthquake, strike, labor trouble or other
industrial disturbance, war (declared or undeclared), embargo, blockage, legal
prohibition or governmental action, riot, insurrection, damage, destruction or any
other cause beyond the control of Azteca Systems or any of its contractors preventing
or delaying the performance of such obligation, provided that such obligation shall be
performed immediately upon the termination of such cause preventing or delaying
such performance; and provided further that the sole effect of any delay by Azteca
Systems shall be a related delay in payment by the User pursuant to the relevant
schedule.
8.2 The illegality, invalidity or unenforceability of any provision of the Agreement
under the law of any jurisdiction shall not affect its legality, validity or enforceability
under the law of any other jurisdiction nor the legality, validity or enforceability of
any other provision. The provisions of this Agreement shall be enforceable to the
extent permissible under the laws of the State of Georgia.
8.3 This Agreement constitutes the entire agreement between the parties with
respect to the subject matter; all prior statements, negotiations, and undertakings
are superseded hereby, and may not be amended, modified or supplemented except
in a writing executed by both parties, expressly purporting to amend this Agreement.
8.4 This Agreement may not be assigned by either party without the prior written
consent of the other party, which consent will not be unreasonably withheld. User
may not sublicense or encumber the Licensed Software without prior written consent
of Azteca Systems.
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Item # 8
Update & Support Agreement, Page 8 of 14
8.5 Section headings herein are for the sake of convenience only and are not
intended to affect in any way the meaning of this Agreement or the related
paragraphs.
8.6 This Agreement becomes effective only upon execution by both parties. One
fully executed copy of this Agreement shall be delivered by User to Azteca Systems
at its office in Sandy, Utah 84070.
8.7 Until further written notice, all payments and notices relevant to this
Agreement shall be sent to the following addresses:
Azteca Systems: Azteca Systems, Inc.
11075 South State St.
Suite 24
Sandy, UT 84070
User: The address set forth in paragraph 9.1.
9. IDENTIFICATION AND AMOUNTS
9.1 (a) User Name: Augusta, Georgia
(b) User Contact: Tameka Allen
Number and Street: 530 Greene St Annex 101
City/Province/Zip/Country: Augusta, GA 30901
Phone: _706-821-2522 Email: allen@augustaga.gov
(c) With Courtesy Copy to: General Counsel
Number and Street: 520 Greene St
City/Providence/Zip/Country: Augusta, GA 30901
Phone: 706-842-5550 Email: amackenzie@augustaga.gov
9.2 User Agreement: Between Azteca Systems and the User dated:
(a) Effective Date ___________ Initial ______
(Software delivery date)
(b) Initial Update & Support period:
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Item # 8
Update & Support Agreement, Page 9 of 14
From: __________ Initial ______
To: __________
(c) Renewal Date: Successive twelve-month periods from the Renewal Date
specified below, subject to termination as provided in paragraph 6.2.
Renewal Date: _________ Initial ______
Fee: $35,339.00 Initial ______
(d) Description of Covered Software:
Departmental Site License for Augusta Utility Department including: Server AMS,
Desktop, Storeroom, CCTV Interface, Equipment Manager, Contracts, Cityworks
Analytics, Service Request API, Work Order API, and Use of the API’s for 3rd party Local
Government Templates
Initial ______
10. DATA CONFIDENTIALITY STATEMENT:
For any client data and / or confidential information (data) provided to Azteca
Systems, we will take reasonable measures to assure that the data is not
inappropriately accessed or distributed to any third-party. Data provided to Azteca
Systems by the client will be loaded onto Azteca Systems servers or employee
computers for the purpose of testing Cityworks software, database structure, or
database values, and related Esri software to resolve database or software
performance issues, software enhancements and software defects (“bugs”). At no
time will the data be distributed to individuals or organizations who are not Azteca
Systems employees without first receiving written approval from the client. If
requested by the client, and once the testing has been completed, Azteca Systems
will delete all data provided by the client.
11. AUGUSTA, GEORGIA CONTRACT PROVISIONS:
This Agreement is subject to certain provisions included in Attachment A of this
agreement. These provisions have been approved by the Augusta Commission as
part of its Procurement Code, and as such should be included in all contracts made
by Augusta, Georgia.
Attachment number 3 \nPage 9 of 14
Item # 8
Update & Support Agreement, Page 10 of 14
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective,
valid, and binding upon the parties as of the date below as executed by their duly
authorized representatives.
Accepted and Agreed:
Augusta, Georgia Azteca Systems, Inc.
(User) (Azteca Systems)
By: By:
Authorized Signature Authorized Signature
Printed Name: Deke Copenhaver Printed Name:
Title: Mayor Title:
Date:_______________ Date:______________
Attest: Witness
By:_________________________________ By:_______________________________
Lena J. Bonner, Clerk of Commission
This Agreement may be executed in any number of counterparts, each of which will be deemed to be an
original and all of which taken together will be deemed to constitute one and the same
instrument. Counterparts may be executed either in original, faxed or other agreed electronic form. The
parties adopt any signatures received by a receiving fax machine or other agreed electronic form as valid
and binding original signatures of the parties even if an original paper document bearing a party's original
signature is not delivered. Any party providing its signature in such manner will upon request promptly
forward to the other party an original of the signed copy of this Agreement.
Attachment number 3 \nPage 10 of 14
Item # 8
Update & Support Agreement, Page 11 of 14
Attachment A
Augusta, Georgia Contract Provisions
1. Georgia Open Records Act. Azteca Systems acknowledges that this Agreement
and certain documentation may be subject to the Georgia Open Records Act
(O.C.G.A. § 50-18-70, et seq.). Azteca Systems shall cooperate fully in responding
to such requests and shall make all records, not exempt, available for inspection
and copying as required by law. Azteca Systems shall clearly mark any
information provided to City which Azteca Systems contends is Proprietary
Information. Azteca Systems shall notify City immediately of any Open Records
request arising out of this contract and shall provide to City a copy of any
response to the same.
2. Defective Pricing: To the extent that the pricing provided by Azteca Systems is
erroneous and defective, the parties may, by agreement, correct pricing errors
to reflect the intent of the parties.
3. Specified Excuses for Delay or Non-Performance: Azteca Systems is not
responsible for delay in performance caused by hurricanes, tornadoes, floods,
and other severe and unexpected acts of nature. In any such event, the contract
price and schedule shall be equitably adjusted.
4. Termination
A. Events of Default. Each of the following events shall constitute an “Event of
Default”:
1).Azteca Systems shall fail to observe, perform or comply with any material
term, covenant, agreement or condition of this Agreement which is to
be observed, performed or complied with by Azteca Systems, if such
failure continues uncured for thirty (30) calendar days after the City
gives Azteca Systems written notice of the failure and the specific
nature of such failure.
2).Azteca Systems shall commit any fraud, misrepresentation, breach of
fiduciary duty, willful misconduct, or intentional breach of any
provision of this Agreement.
B. Termination Upon Event of Default. In addition to any other available legal
or equitable rights or remedies, upon an Event of Default by Azteca Systems,
the City shall have the right to terminate this Agreement upon at least thirty
(30) days written notice to Azteca Systems. In addition to any other available
legal or equitable rights or remedies, upon an Event of Default by the City,
Azteca Systems shall have the right to terminate this Agreement upon at
least thirty (30) days written notice to the City.
C. Termination by Either Party. In the event of termination of this Agreement
by either the City or Azteca Systems, both agree to the following:
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Item # 8
Update & Support Agreement, Page 12 of 14
1).Return the Software Cityworks together with all copies, modifications and
merged portions to Azteca Systems, or
2).User may continue to use the Software Cityworks with the permission of
Azteca Systems, with no expectation of continued maintenance,
support, update, or upgrade.
3).In cases referenced according to items A and B above, Azteca Systems
shall certify in writing that all proprietary information, data, schema,
or documentation belonging to User have either been returned to
User or destroyed and vice versa.
D. Termination of the Agreement for Default: Failure of either party, which has
not been remedied or waived, to perform or otherwise comply with a
material condition of the Agreement shall constitute default. Either party
may terminate this contract is part or in whole upon written notice to the
defaulting party pursuant to this term.
E. Termination for Convenience: User may terminate this contract in part or in
whole upon written notice to Azteca Systems. Azteca Systems shall be paid
for any validated services under this Contract up to the time of termination.
5. Hold Harmless: Except as otherwise provided in this agreement, Azteca Systems
shall indemnify and hold harmless Augusta, GA, and its employees and agents
from and against all liabilities, claims, suits, demands, damages, losses, and
expenses, including attorneys’ fees, arising out of or resulting from the
performance of its Work.
6. Prohibition Against Contingent Fees: Azteca Systems 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 Azteca Systems for the
purpose of securing business and that Azteca Systems has not received any non-
User fee related to this Agreement without the prior written consent of User.
For breach or violation of this warranty, User 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.
7. Governing Law and Venue: The laws of the State of Georgia shall govern the
Agreement between User and Azteca Systems with regard to its interpretation
and performance, and any other claims related to this agreement.
All claims, disputes and other matters in question between User and Azteca
Systems arising out of or relating to the Agreement, or the breach thereof, shall
be decided in the Superior Court of Richmond County, Georgia. Azteca Systems,
by executing this Agreement, specifically consents to jurisdiction and venue in
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Update & Support Agreement, Page 13 of 14
Richmond County and waives any right to contest the jurisdiction and venue in
the Superior Court of Richmond County, Georgia.
8. Georgia Prompt Pay Act Not Applicable: The terms of this agreement supersede
any and all provisions of the Georgia Prompt Pay Act.
9. Change Order Acknowledgment: “Contractor acknowledges that this contract
and any changes to it by amendment, modification, change order or other
similar document may have required or may require the legislative authorization
of the Board of Commissioners and approval of the Mayor. Under Georgia law,
Contractor is deemed to possess knowledge concerning Augusta, Georgia's
ability to assume contractual obligations and the consequences of Contractor's
provision of goods or services to Augusta, Georgia under an unauthorized
contract, amendment, modification, change order or other similar document,
including the possibility that the Contractor may be precluded from recovering
payment for such unauthorized goods or services. Accordingly, Contractor agrees
that if it provides goods or services to Augusta, Georgia under a contract that has
not received proper legislative authorization or if the Contractor provides goods
or services to Augusta, Georgia in excess of the any contractually authorized
goods or services, as required by Augusta, Georgia's Charter and Code, Augusta,
Georgia may withhold payment for any unauthorized goods or services provided
by Contractor. Contractor assumes all risk of non-payment for the provision of
any unauthorized goods or services to Augusta, Georgia, and it waives all claims
to payment or to other remedies for the provision of any unauthorized goods or
services to Augusta, Georgia, however characterized, including, without
limitation, all remedies at law or equity." This acknowledgement shall be a
mandatory provision in all Augusta, Georgia contracts for goods and services,
except revenue producing contracts.
10. E-Verify Requirements: All contractors and subcontractors entering into
contracts with Augusta, Georgia for the physical performance of services shall
be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-
10-91, stating affirmatively that the individual, firm, or corporation which is
contracting with Augusta, Georgia has registered with and is participating in a
federal work authorization program. All contractors and subcontractors must
provide their E-Verify number and must be in compliance with the electronic
verification of work authorized programs operated by the United States
Department of Homeland Security or any equivalent federal work authorization
program operated by the United States Department of Homeland Security to
verify information of newly hired employees, pursuant to the Immigration
Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the
applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and
shall continue to use the federal authorization program throughout the contract
term. All contractors shall further agree that, should it employ or contract with
any subcontractor(s) in connection with the physical performance of services
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Update & Support Agreement, Page 14 of 14
pursuant to its contract with Augusta, Georgia the contractor will secure from
such subcontractor(s) each subcontractor’s E-Verify number as evidence of
verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor
affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All
contractors shall further agree to maintain records of such compliance and
provide a copy of each such verification to Augusta, Georgia at the time the
subcontractor(s) is retained to perform such physical services.
11. Right to Inspect Premises: Augusta, Georgia may, at reasonable times, inspect
the part of the plant, place of business, or work site of Azteca Systems or any
subcontractor of Azteca Systems or subunit thereof which is pertinent to the
performance of any contract awarded or to be awarded by Augusta, Georgia.
12. Local Small Business Language: In accordance with Chapter 10B of the AUGUSTA,
GA. CODE, Contractor expressly agrees to collect and maintain all records
necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small
Business Opportunity Program and to make such records available to Augusta,
Georgia. The requirements of the Local Small Business Opportunity Program can
be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-
129(d)(7), for all contracts where a local small business goal has been
established, the contractor is required to provide local small business utilization
reports. Contractor shall report to Augusta, Georgia the total dollars paid to
each local small business on each contract, and shall provide such payment
affidavits, regarding payment to subcontractors as may be requested by
Augusta, Georgia. Such documents shall be in the format specified by the
Director of minority and small business opportunities, and shall be submitted at
such times as required by Augusta, Georgia. Failure to provide such reports
within the time period specified by Augusta, Georgia shall entitle Augusta,
Georgia to exercise any of the remedies set forth, including but not limited to,
withholding payment from the contractor and/or collecting liquidated damages.
Attachment number 3 \nPage 14 of 14
Item # 8
1
SOFTWARE IMPLEMETATIO SERVICES AGREEMET
THIS AGREEMENT (hereinafter the "Agreement") is made this ______ day of ______________, 2013, (the "Effective
Date") by and between Augusta, GA, a political subdivision of the State of Georgia, with its place of business at 530 Greene
Street, Augusta, GA U.S.A., 30901, (hereinafter the "City"), and Woolpert, Inc. with its principal place of business at 375
Northridge Road, Suite 100, Atlanta, GA 30350 (hereinafter the "Vendor"). The City and the Vendor are sometimes
hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties."
RECITALS
A. The Vendor desires to perform and assume responsibility and obligation for the provision of certain professional
services, as hereinafter described, on the terms and conditions set forth herein. Vendor represents that it is
experienced in providing business process automation and implementation services to public clients, can legally do
business in the State of Georgia, and is familiar with the scope of work of the City.
B. The City desires to engage Vendor to render such services, as hereinafter described, for the Work Order and Asset
Management Software Implementation Project (the “Project”) on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the City and the
Vendor agree as follows:
OPERATIVE PROVISIOS
SECTIO I – EGAGEMET AD SERVICES OF THE VEDOR
1. Engagement of Vendor. The City hereby engages the Vendor, and the Vendor promises and agrees to furnish to the
City, subject to the terms and conditions set forth in this Agreement, all labor, materials, tools, equipment, services,
and incidental and customary work necessary to fully and adequately supply the professional services necessary for
the Project (the "Services"). The Services are more particularly described in Exhibit A attached hereto and
incorporated herein by reference. The Vendor agrees to perform the Services in accordance with the terms and
conditions of this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable
local, state and federal laws, rules and regulations in effect at the time the Services are provided. As provided in
Exhibit A, the Services shall also include the delivery of specific Vendor proprietary software and assistance by the
Vendor with procuring certain third party software on behalf of the City. With respect to Vendor’s proprietary
software, the license agreement shall be as provided in Exhibit B. With respect to third party software, the City shall
enter into the software license directly with the third party software developer and the City shall reimburse the
Vendor for any license fees advanced by the Vendor for the third party software. Any and all warranties or matters
of performance with respect to third party software shall be between the City and the third party software developer
and the City shall look solely to the third party software developer for all matters pertaining to the third party
software. The third party software licenses may be included in Exhibit B for reference purposes.The Services
include all activities necessary to successfully implement the Software and System Requirements found in Augusta
RFP 12-221, except those requirements noted in the Vendor response as unavailable, for which the Vendor
submitted a proposal on January 16, 2013 (hereinafter “System Requirements”). The Vendor agrees that the System
Requirements are incorporated herein by reference, and that the Vendor is bound by the response to those
requirements unless a change has been permitted in writing by the City. Likewise, the Statement of Work
(hereinafter “SOW”) as prepared by the Vendor and attached as Exhibit G is incorporated herein by reference and
that the Vendor shall be bound by the provision of the SOW as they pertain to the performance of the work.
2. Performance of the Vendor; Standard of Care. The Vendor covenants with the City to perform all Services under
this Agreement in accordance with the professional standard of skill, quality and care. Vendor represents and
maintains that it is skilled in the professional calling necessary to perform the Services, and that it shall employ
customary proven and tested methods known for successfully implementing the services required to satisfy this
contract. Vendor shall also cooperate with the City and any other consultants or contractors engaged by or on behalf
of the City in performance of the Project. The Vendor covenants to use its commercially reasonable efforts to
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2
perform its duties and obligations under this Agreement in a diligent manner, consistent with the professional
standard of care set forth in this Agreement.
SECTIO II – RESPOSIBILITIES OF THE VEDOR
1. The Vendor's Responsibilities for Costs and Expenses. Except as otherwise expressly stated herein, the Vendor
shall be solely responsible for all costs and expenses incurred relative to the Vendor, personnel of the Vendor and
sub-contractors of the Vendor in connection with the performance of the Services, including, without limitation,
payment of salaries, fringe benefits contributions, bonding fees, payroll taxes, withholding taxes and other taxes or
levies, office overhead expense, travel expenses, telephone and other telecommunication expenses, and document
reproduction expenses.
2. Independent Contractor. The Services shall be performed by Vendor or under its supervision. Vendor shall
determine the means, methods and details of performing the Services subject to the requirements of this Agreement.
The Vendor represents that it possesses the professional and technical personnel required to perform the Services.
The City retains Vendor on an independent contractor basis and not as an employee of the City. Vendor retains the
right to perform similar or different services for others during the term of this Agreement. The personnel
performing the Services on behalf of the Vendor shall at all times be under the Vendor's exclusive direction and
control. The Vendor shall pay all expenses, including, without limitation, all wages, salaries, fringe benefit
contributions, payroll taxes, withholding taxes, other taxes or levies and all other amounts due such personnel for the
Services or due others as a result of the performance by such personnel of the Services. Vendor shall be responsible
for all reports and obligations respecting such additional personnel, including, but not limited to, all reports for
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3. Vendor’s Project Manager. The Vendor shall designate and assign a project manager ("Project Manager"), who
shall coordinate all phases of the Services and act as the Vendor’s representative for performance of this Agreement.
The Project Manager shall have full authority to represent and act on behalf of the Vendor for all purposes under this
Agreement, and shall be available to the City at all reasonable times. The Project Manager shall supervise and direct
the Services, using professional skill and attention, and shall be responsible for all means, methods, techniques,
sequences and procedures employed by Vendor’s personnel, as well as the satisfactory coordination of all portions
of the Services under this Agreement. The Vendor designates Jen Coughlin to be its Project Manager, but reserves
the right to appoint another person as Project Manager upon written notice to the City, or to appoint no project
manager if none is needed by mutual agreement with the City.
4. Key Personnel. Vendor has represented to City that certain key personnel will perform and coordinate the Services
under this Agreement. Should one or more of such personnel become unavailable, Vendor may substitute other
personnel of at least equal competence upon written approval of City. As discussed below, any personnel who fail
or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of
persons or property, shall be promptly removed from the Project by the Vendor at the request of the City.
5. Personnel; Licenses. The Vendor represents and warrants that it and all personnel engaged in performing Services
are and shall be fully qualified, authorized and permitted under state and local law to perform such Services. The
Vendor shall be responsible to City to correct any negligent errors or omissions in the execution of the Services
under this Agreement. The Vendor represents and warrants that it and all personnel and sub-Vendors engaged in
performing the Services have all business and professional licenses, permits, qualifications, and approvals of
whatever nature that are legally required to perform the Services under this Agreement. The City shall be
responsible for any and all project specific or software licenses, permits, qualifications, and approvals although the
Vendor shall provide assistance to the City to the extent provided in Exhibit A with applying or procuring such
licenses, permits, qualifications, and approvals. The Vendor further represents and warrants that it, its employees
and sub-contractors shall keep in effect all such licenses, permits, qualifications and other approvals during the term
of this Agreement. Any personnel performing Services under this Agreement who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, or a threat to the safety of
persons or property, or any personnel who fail or refuse to perform the Services in a manner acceptable to the City,
shall be promptly removed from the Project by the Vendor and shall not be re-employed to perform any of the
Services or to work on the Project.
6. City Network Security and Integrity. Provided that the Vendor requires access to system(s) through the City
Attachment number 4 \nPage 2 of 17
Item # 8
3
computer network firewall, the Vendor will sign a VPN Vendor Access Agreement, verifying that the Vendor will
respect the integrity of City’s network and security protocols. This agreement is attached as Exhibit C.
7. Time of Performance. Vendor shall use commercially reasonable efforts to complete the services covered under and
pursuant to this Agreement as directed by the City's Project Administrator by the date of project completion (the
“Completion Date”) as described in Exhibit A, Statement of Work), unless earlier terminated as provided herein, or
as may be modified by mutual written agreement. Vendor shall perform the Services expeditiously, within the term
of this Agreement, and in accordance with any schedule of services mutually acceptable to the Parties. Delays in
implementation will be subject to a Penalty, under certain conditions, as described in Section VI in this agreement
8. Software License and Support Agreement. The Vendor will provide the Vendor software licenses identified in
Exhibit A for the City’s use as governed by the Software License and Support Agreement, attached as Exhibit B.
The Vendor will provide assistance in procuring third party software licenses identified in Exhibit A for the City’s
use as governed by the third party Software License and Support Agreements, which may be attached for reference
in Exhibit B.
9. Consistency with City Policies. City and Vendor Project Manager shall discuss in advance of all critical decision
points all matters relating to the Services in order to ensure that the Services proceed in a manner consistent with the
goals and policies of the City.
10. Conformance to Applicable Requirements. All aspects of the provision of the Services by Vendor shall conform to
all applicable city, county, state, and federal laws, rules and regulations in effect at the time the services are
provided.
11. Prohibition Against Transfers. Neither party shall assign, sublease, hypothecate, or transfer this Agreement, or any
interest therein, directly or indirectly by operation of law without the prior written consent of the other party. Any
attempt to do so without the prior written consent of the other party shall be null and void, and any assignee, sub-
lessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment,
hypothecation, or transfer.
12. Progress. The Vendor is responsible to keep the City Project Manager and/or his or her duly authorized designee
informed on a regular basis regarding the status and progress of the Services, activities performed and planned, and
any meetings that have been scheduled or are desired relative to the Services or this Agreement.
13. Confidentiality. No news releases, including photographs, public announcements or confirmations of the same, of
any part of the subject matter of this Agreement or any phase of the Services shall be made without prior written
consent of the City, such consent to not be unreasonably withheld, and provided in a timely manner. The
information which results from the Services in this Agreement is to be kept confidential, unless the release of
information is authorized by the City. All Report Materials, either created by or provided to Vendor in connection
with the performance of this Agreement, shall be held confidential by Vendor. Such materials shall not, without the
prior written consent of City, by used by Vendor for any purposes other than the performance of the Services. Nor
shall such materials be disclosed to any person or entity not connected with the performance of the Services or the
Project. Nothing furnished to Vendor which is otherwise known to Vendor or is otherwise generally known, or has
become known, to the related industry, shall be deemed confidential. Vendor shall not use City’s name or insignia,
photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper,
newspaper, television or radio production or other similar medium without the prior written consent of City.
Notwithstanding anything to the contrary, the Vendor may disclose such materials in response to a valid court or
government order, it being understood that the Vendor shall, where permitted by applicable law, rule or order, give
the City prior written notice to object to, or seek to limit, any such mandated disclosure.
14. Georgia Open Records Act. The Vendor acknowledges that this Agreement and certain documentation may be
subject to the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq.). Vendor shall cooperate fully in responding
to such requests and shall make all records, not exempt, available for inspection and copying as required by law.
Vendor shall clearly mark any information provided to City which Vendor contends is Proprietary Information.
Vendor shall notify City immediately of any Open Records request arising out of this contract and shall provide to
City a copy of any response to the same.
15. No Set Hours/Right to Contract. The Vendor’s obligation hereunder is to complete the Services in accordance with
this Agreement and to meet any deadlines established pursuant to this Agreement. The Vendor has no obligation to
work any particular schedule, hours or days, or any particular number of hours or days. However, the Vendor shall
coordinate with the City in achieving the results and meeting the goals established pursuant to this Agreement.
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16. Accounting Records. Vendor shall maintain complete and accurate records with respect to all costs and expenses
incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of
City during normal business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents,
proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment
under this Agreement.
17. Safety. Vendor shall execute and maintain its Services so as to avoid injury or damage to any person or property. In
carrying out its Services, the Vendor shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to
the nature of the work and the conditions under which the work is to be performed.
18. Performance Bond. Within fifteen (15) days of the making of this contract, Vendor shall have obtained a
performance bond for the total amount of software and services provided for this project per Exhibit A. Proof of the
acquisition of the bond shall be provided to the City and attached to the contract as Exhibit E. Depending on the
contract amount of the project and the type of service(s) provided, vendor may be exempt from performance bond
requirement.
SECTIO III – RESPOSIBILITIES OF THE CITY
1. Cooperation. The City shall cooperate with the Vendor relative to the provisions of the Services. To the extent
permitted by applicable law, the City shall provide criteria and information in its possession, or reasonably
obtainable by it, as requested by Vendor, and shall make that information and related data available for Vendor’s use
during the performance of this Agreement and Vendor shall have the right to rely upon such information and data.
The City shall render decisions required by this Agreement within the time indicated, or if not specifically stated,
with reasonable promptness so as not to unduly delay the progress of Vendor’s Services.
2. City’s Project Manager and Project Staff. The City shall designate and assign a City project manager (“City Project
Manager”) who shall have authority to represent and act on behalf of the City for all purposes under this Agreement,
within the rules and regulations as established by the Augusta Commission. The City Project Manager, or his/her
designee, shall be the principal officer of the City for liaison with the Vendor, and shall review and give approval to
the details of the Services as they are performed, in particular, but not exhaustively, Project Plan, Functional
Requirement Specifications, Statements of Work, Acceptance Plans, Statements of Completion, Change Order
Requests. In addition, the City Project Manager shall ensure proper and timely availability of all City personnel
required by the Vendor for successful completion of project tasks, in particular, but not exhaustively, Business and
Systems Analysts, IT staff, Subject Matter Experts. The City designates Michael Blanchard of the Information
Technology Department to be its City Project Manager, but reserves the right to appoint another person as City
Project Manager upon written notice to the Vendor.
3. Project Plan. The City shall be responsible for meeting specific milestones and providing specific deliverables that
have been agreed to in Exhibit A. Should the City fail to meet the agreed milestones or to provide the agreed
deliverables, the Vendor will inform the City of the consequences thereof and reserves the right to modify the
project plan accordingly.
SECTIO IV - COMPESATIO
1. Compensation. In consideration of the performance by Vendor of the Services, the City shall pay to the Vendor
compensation at the rates set forth in the SOW attached hereto and incorporated herein by reference. While
estimates have been provided for certain work items in the project, such as data conversion, total compensation
under this Agreement shall not exceed the Total Project amount as indicated in the SOW without written approval of
the Augusta Commission depending on the amount of the excess and the reason why the initial amount was
insufficient.
2. Extra Service. The Vendor shall not receive additional compensation for any extra service unless such extra service
has been authorized in writing by the City prior to the commencement of the extra service. The City shall pay the
Vendor for extra service in accordance with the fee schedule set forth in the SOW. As used herein, “Extra Service”
means any work which is determined by City to be necessary for the proper completion of the Project, but which the
Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
3. Payment of Compensation. The Vendor shall submit invoices to the City as defined in the payment milestones in
the SOW, or on such other basis as may be mutually agreed upon by the Parties. Each invoice will be itemized. The
Attachment number 4 \nPage 4 of 17
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City shall make payments to the Vendor within thirty (30) days following the date of receipt of the invoice, unless
the City disputes the amount of the Compensation the Vendor claims it is owed under this Agreement within thirty
days of receipt. Any disputed amount shall be handled as discussed herein.
4. Reimbursements. Vendor shall not be reimbursed for any expenses unless they are authorized in writing by City and
they are of a type approved in advance as part of this contract. Such reimbursable expenses, if approved, shall
include only those expenses which are reasonably and necessarily incurred by Vendor in the interests of the Project.
Reimbursable expenses will be paid only at the actual cost to the Vendor, with no mark-up for overhead or profit.
Expenses may be included as part of the overall project cost, provided that they are “Not to Exceed” a certain
amount as determined by the Vendor.
5. Disputed Sums. The City will withhold up to one hundred percent (100%) of any disputed portion of Compensation
until resolution of the dispute with the Vendor. Such withholding shall only take place due to non-performance of
the Vendor, with non-performance being defined as the inability to complete the project or parts thereof when
Augusta, Georgia has fulfilled its obligation to the vendor, and shall not be deemed to constitute a failure to pay by
the City. The Vendor shall not have the right to allege a breach of this Agreement for failure to pay by the City and
to discontinue its performance of the Services hereunder for a period of thirty (30) days from the date Compensation
is withheld hereunder. The City’s Project Manager and the Vendor’s Project Manager shall attempt to promptly
resolve the dispute.
SECTIO V – EXPIRATIO AD TERMIATIO
1. Events of Default. Each of the following events shall constitute an “Event of Default”:
A. The Vendor shall fail to observe, perform or comply with any material term, covenant, agreement or
condition of this Agreement which is to be observed, performed or complied with by the Vendor, if such
failure continues uncured for thirty (30) calendar days after the City gives the Vendor written notice of the
failure and the specific nature of such failure.
B. The Vendor shall commit any fraud, misrepresentation, breach of fiduciary duty, willful misconduct, or
intentional breach of any provision of this Agreement.
2. Termination Upon Event of Default. In addition to any other available legal or equitable rights or remedies, upon an
Event of Default by the Vendor, the City shall have the right to terminate this Agreement upon at least thirty (30)
days written notice to the Vendor.
3. Expiration. Unless extended as provided for herein, this Agreement shall naturally expire on the Completion Date.
4. Payment Upon Termination. Upon a termination of this Agreement, the City shall pay to the Vendor the part of the
Compensation which would otherwise be payable to the Vendor with respect to the Services which had been
adequately completed as of the date of termination, less the amount of all previous payments with respect to the
Compensation.
5. Termination by Vendor: Vendor may terminate this Agreement only upon the substantial breach by the City of a
material provision of this Agreement including failure to pay.
6. Termination for Convenience: The City may terminate this contract in part or in whole upon written notice to the
Vendor. The Vendor shall be paid for valid services under this Contract up to the time of termination, to include:
A. For completed and acceptable work executed in accordance with the terms of the agreement prior to the
effective date of termination, including fair and reasonable sums for overhead and profit on such work;
B. For expenses incurred prior to the effective date of termination in performing services and furnishing labor,
materials or equipment as required by the contract documents in connection with uncompleted work, plus
fair and reasonable sums for overhead and profit on such expenses;
C. For all claims, costs, losses and damages incurred in settlement of terminated contracts with subcontractors,
suppliers and others, and; for reasonable expenses directly attributable to termination.
7. Termination by Either Party. In the event of termination of this Agreement by either the City or the Vendor, both
agree to the following:
A. City shall destroy the software as defined in the Software License and Support Agreement, Exhibit “B”,
Attachment number 4 \nPage 5 of 17
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together with all copies, modifications and merged portions, or
B. Return the software together with all copies, modifications and merged portions to Vendor, or
C. City may continue to use the software with the permission of the Vendor, with no expectation of continued
maintenance, support, update, or upgrade.
D. In cases referenced according to items A and B above, Vendor shall certify in writing that all proprietary
information, data, schema, or documentation belonging to City have either been returned to Licensee or
destroyed and vice versa.
SECTIO VI – GEERAL PROVISIOS
1. Nondiscrimination by the Vendor. The Vendor represents and agrees that the Vendor, its affiliates, subsidiaries, or
holding companies do not and will not discriminate against any subcontractor, Vendor, employee, or applicant for
employment because of race, religion, color, sex, handicap, national origin or any other protected classification
under federal or state law. Such nondiscrimination shall include, but not be limited to, the following: employment,
upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms
of compensation, and selection for training, including apprenticeship.
2. City’s Rights to Employ Other Vendors. The City reserves the right to employ other Vendors in connection with
this Project.
3. Conflicts of Interest; Prohibited Interests. Vendor maintains and warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement.
Further, Vendor warrants that it has not paid or agreed to pay any company or person, other than a bona fide
employee working solely for Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty,
City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member,
officer or employee of City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
4. Subcontracting. The Vendor shall not subcontract any portion of the Services except as expressly stated herein,
without prior written consent of the City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
5. Temporary suspension or delay of performance of contract. To the extent that it does not alter the scope of this
agreement, the City may unilaterally order a temporary stopping of the work, or delaying of the work to be
performed by Vendor under this agreement. In the event of such work stoppage or delay, the Vendor’s fees and
schedules may need to be equitably adjusted.
6. Defective Pricing. To the extent that the pricing provided by Vendor is erroneous and defective, the parties may, by
agreement, correct pricing errors to reflect the intent of the parties.
7. Specified Excuses for Delay or Non-Performance. Vendor is not responsible for delay in performance caused by
reasons beyond its reasonable control, including but not limited to hurricanes, tornadoes, floods, and other severe
and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted.
8. Waiver. No waiver of any default shall constitute a waiver of any other breach or default, whether of the same or
any other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by other
parties shall give the other any contractual right by custom, estoppel, or otherwise.
9. Notices. All notices required hereunder shall be given in writing to the following addresses or such other addresses
as the parties may designate by written notice:
To the City: Deke Copenhaver, Mayor
530 Greene St
Augusta, GA 30901
T: 706.821.1833
F: 706.821.1835
Copies to: Tameka Allen, IT Director
Attachment number 4 \nPage 6 of 17
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530 Greene Street, Annex 101
Augusta, GA 30911
T: 706.821.2522
F: 706-821-2530
To the Vendor: Edward Singer, Project Director
Woolpert, Inc.
375 Northridge Road, Suite 300
Atlanta, Georgia 30350
T: 770.391.4095
F; 770.391.4104
Notice shall be deemed received as follows, depending upon the method of transmittal: by U.S. Mail, certified,
return receipt requested, as of five (5) days after deposit in the U.S. Mail. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
10. Authority to Enter Agreement. The Vendor has all requisite power and authority to conduct its business and to
execute, deliver and perform all of its obligations under this Agreement. Each Party warrants that the individuals
who have signed this Agreement have the legal power, right and authority to enter into this Agreement so as to bind
each respective Party to perform the conditions contemplated herein.
11. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or
unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. The parties agree
that any provision that is held invalid or unenforceable shall be deemed to be restated to reflect as nearly as possible
the original intentions of the parties in accordance with applicable law.
12. Time is of the Essence. Time is of the essence in this Agreement, and all parties agree to execute all documents and
to proceed with due diligence to complete all covenants and conditions set forth herein.
13. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the
State of Georgia. All claims, disputes and other matters in question between the City and the Vendor arising out of,
or relating to, this Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County,
Georgia. Vendor, by executing this Agreement, specifically consents to venue and jurisdiction in Richmond County,
Georgia and waives any right to contest jurisdiction and venue in said Court.
14. Entire Agreement. This Agreement contains the entire agreement of the City and the Vendor, and supersedes any
prior or written statements or agreements between the City and the Vendor. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing by both Parties.
15. Binding on Assigns. Each and all of the covenants and conditions of this Agreement shall be binding on, and shall
inure to, the benefit of the successors and assigns of the respective parties.
16. Captions. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do
not define, limit, augment or describe the scope, content or intent of this Agreement.
17. Construction. Since the Parties or their agents have participated fully in the preparation of this Agreement, the
language in all parts of this Agreement shall be construed simply, according to its fair meaning and not strictly for or
against any party.
18. Cooperation/Further Acts. The Parties shall fully cooperate with one another in attaining the purposes of this
Agreement. In connection therewith, the Parties shall take any additional further acts and steps and sign any
additional documents as may be necessary, appropriate and convenient to attain the purposes of this Agreement.
19. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by
the Parties.
20. Incorporation of Exhibits. The “Exhibits”, including the original project Request for Qualifications (Augusta RFQ
12-221) constitute a material part hereof, and are hereby incorporated into the Agreement by reference as though
fully set forth herein. The terms “Attachment”, “Exhibit”, and “Schedule” shall be synonymous for purposes of this
agreement.
Attachment number 4 \nPage 7 of 17
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21. References. All references to the Vendor shall include all personnel, employees, agents and sub-Vendors of the
Vendor.
22. Go-Live. “Go Live” shall be the date on which the software is placed into operational use by the Customer.
23. System Acceptance. “System Acceptance” as used herein means the date on which all of the following events have
taken place:
A. 30 calendar days have passed since “Go-Live”.
B. All System Requirements of Vendor’s software as defined in Augusta RFQ 12-221 have been successfully
completed, or arrangements have been made to complete them at a later date. The demonstration of the
delivered solution meeting all System Requirements is the Vendor’s right and responsibility. In the event
that arrangements have been made to complete some of the System Requirements at a later date, this must
be with the written approval of the Director of Information Technology and the Chief Official of the
customer department or office, whose operations would be impacted by the inability of the Vendor to fully
implement their software. Such delays may be subject to liquidated damages, at the discretion of the City,
described in Item 22 below.
C. With respect to third party software, in the event that complications arise with respect to performance of the
third party software, the City shall look solely to the third party software vendor although the Vendor can
provide assistance to the City as may be detailed in an amendment to this Agreement.
24. Liquidated Damages. For each day past the “Go Live” date that the Vendor has not delivered a product suitable for
business use, there shall be a penalty of $100 per day. City agrees to submit to Vendor, in writing, any issues that
may impact the “Go Live” that are believed to be the Vendor’s responsibility and may therefore increase the
likelihood of a penalty being invoked. City shall identify these issues as soon as possible so that corrective action
can be taken by Vendor. The penalty shall not apply under the following circumstances:
A. The Go Live date was extended or moved by mutual consent of City and Vendor. If the Go Live date is
extended or moved by written mutual consent of both parties, then penalties will accrue beginning on the
new Go Live date.
B. City did not meet requirements or objectives required in order to facilitate Go Live as scheduled (including
failure to order equipment that was the City’s responsibility to order, or failure to set up said
equipment). Such failure by the City must be documented in writing by Vendor as soon as possible so that
corrective action can be taken.
C. City failed to notify Vendor of additional requirements which, when identified, impacted the Go Live date
of the project. Such failure by the City must be documented in writing by Vendor as soon as possible so
that corrective action can be taken.
D. Delays or work stoppages caused or requested by the City or with respect to any delay caused by reasons
beyond the reasonable control of the Vendor, including but not limited to acts of God and extreme weather,
power outages, war, terrorism, or governmental order.
If said penalties are enacted, all penalties will become due and payable upon failure to meet the Go Live date and
shall accrue until paid in full. Additional services and/or licenses may be accepted as payment provided that this
type of restitution is acceptable to the City.
This Section is an alternative to the provisions in Section V regarding default or termination of Vendor. The parties
agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract but
are an alternative to seeking breach of contract damages. If liquidated damages are sought, the County will not seek
breach of contract damages and vice versa.
25. Hold Harmless. Except as otherwise provided in this agreement, Vendor shall indemnify and hold harmless
Augusta, GA, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses,
and expenses, including reasonable defense attorneys’ fees, to the extent caused by the negligent performance of its
Work.
26. Prohibition Against Contingent Fees. The Vendor 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,
Attachment number 4 \nPage 8 of 17
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brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies
maintained by Vendor for the purpose of securing business and that the Vendor has not received any non-City fee
related to this Agreement without the prior written consent of the City. For breach or violation of this warranty, the
City 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.
27. Georgia Prompt Pay Act Not Applicable. The terms of this agreement supersede any and all provisions of the
Georgia Prompt Pay Act.
28. Change Order Acknowledgment. “Contractor acknowledges that this contract and any changes to it by amendment,
modification, change order or other similar document may have required or may require the legislative authorization
of the Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess
knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of
Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment,
modification, change order or other similar document, including the possibility that the Contractor may be precluded
from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides
goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the
Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or
services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any
unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the
provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other
remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized,
including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision
in all Augusta, Georgia contracts for goods and services, except revenue producing contracts.
29. E-Verify Requirements. All contractors and subcontractors entering into contracts with Augusta, Georgia for the
physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. §
13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia
has registered with and is participating in a federal work authorization program. All contractors and subcontractors
must provide their E-Verify number and must be in compliance with the electronic verification of work authorized
programs operated by the United States Department of Homeland Security or any equivalent federal work
authorization program operated by the United States Department of Homeland Security to verify information of
newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in
accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to
use the federal authorization program throughout the contract term. All contractors shall further agree that, should it
employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its
contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor’s E-Verify
number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided
in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such
compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is
retained to perform such physical services.
30. Right to Inspect Premises. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of
business, or work site of Vendor or any subcontractor of Vendor or subunit thereof which is pertinent to the
performance of any contract awarded or to be awarded by Augusta, Georgia.
31. Local Small Business Language. In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractor expressly
agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local
Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of
the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with
AUGUSTA, GA. CODE § 1-10-129(d)(7), for all contracts where a local small business goal has been established, the
contractor is required to provide local small business utilization reports. Contractor shall report to Augusta, Georgia
the total dollars paid to each local small business on each contract, and shall provide such payment affidavits,
regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the
format specified by the Director of minority and small business opportunities, and shall be submitted at such times
as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta,
Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to,
withholding payment from the contractor and/or collecting liquidated damages.
Attachment number 4 \nPage 9 of 17
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32. Precedence of Documents. For the resolution and interpretation of any inconsistencies in this Agreement and/or the
Exhibits or Attachments hereto which are incorporated herein by this reference, the terms and conditions of this
Agreement shall take precedence over any Exhibits or Attachments hereto and any inconsistency between the
Exhibits and Attachments will be resolved by the priority in which they are listed as Exhibits.
33. Survival. The following sections, along with any other provisions which by their terms survive, shall survive the
expiration or termination of this Agreement.
A. Section II (6) – City Network Integrity and Security
B. Section II (14) - Confidentiality
C. Section V (6) - Termination by Either Party
D. Section VI (11) - Governing Law and Venue
E. Exhibit C – Vendor Network Access Policy
Attachment number 4 \nPage 10 of 17
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SIGATURES
Wherefore the above referenced parties have caused this agreement to be executed in two originals by and through their duly
authorized officials:
For Augusta, Georgia
For Vendor
DEKE S. COPENHAVER, MAYOR JOSEPH K. MCCLURKIN, SENIOR ASSOCIATE
DATE DATE
Attest:
LENA BONNER, CLERK OF COMMISSION
DATE
Attachment number 4 \nPage 11 of 17
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EXHIBIT A – SCOPE OF SERVICES
A description of software & licenses required for this project, as well the project and payment schedule, are included in the
Statement of Work provided as Exhibit D.
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EXHIBIT B – SOFTWARE LICESE AD MAITEACE AGREEMET
The Support Agreement is a separate, annually renewable document relating specifically to the ongoing maintenance of the
technology solution provided to Augusta by the Vendor. It will be signed separately and shall survive independently of this
document.
Attach Software License Agreement(s) Here
Attachment number 4 \nPage 13 of 17
Item # 8
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EXHIBIT E – PERFORMACE BOD
Attachment number 4 \nPage 14 of 17
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EXHIBIT C – VEDOR REMOTE ETWORK ACCESS POLICY AD PROCEDURES
Purpose
The purpose of this policy is to ensure that a secure method of connectivity is provided between Augusta-Richmond County
and the vendor and to provide guidelines for the use of the network and computing resources associated with the remote
connectivity in order to ensure the safety, integrity, and operability of Augusta-Richmond County Information Systems.
Scope
This policy applies to all Augusta-Richmond County systems, application and/or servers/devices requiring support by
external vendors on behalf of Augusta-Richmond County.
Definitions
A Virtual Private Network (VPN) provides a secure network connection over the Internet between an individual and a private
network (164 bit encryption). By utilizing the public Internet for data transport, VPN provides a low cost solution to remote
access or connectivity.
Policy
A. Vendor Remote Access Request and Approvals
All requests for remote access for vendors must be made in advance through the Project Leader responsible for the
vendor. It is the Project Leader’s responsibility to ensure that the vendor has provided all of the required information in
the proper format.
All vendor remote access requests must first have the Assistant Director of the Business Application Services signature
for approval as well as the Director of Information Technology.
As part of the request and approval process, the technical and administrative contact within the vendor’s organization or
someone at a higher level within the company will be required to read and sign the VPN Access policy form and any
additional documents, such as the Augusta-Richmond County Non-Disclosure Agreement.
Once Vendor Remote Access has been approved, it is valid until changes in this policy or technology make it necessary,
in Augusta’s estimation, to require a new form to be filed.
Remote Access will only be available to Vendors that have signed Annual Support and Maintenance Contracts with
Augusta.
B. Connectivity
1. The vendor will be required to use Augusta-Richmond County’s standard method for connecting to the network.
The current standard method is Cisco’s VPN client.
2. The vendor will be given a unique user ID and password to authenticate the VPN access. The password may be
subject to regular changes.
3. Only one person may be connected to the VPN at any given time.
4. Access will be restricted to only the servers located in IT that were approved for the vendor.
5. Access will be restricted to only the ports necessary for connectivity.
6. Access will not be open 24/7. The vendor must request access every time it is necessary and only during business
hours of 8:30am – 5:00pm EST. Access outside of these hours may be requested but will need additional approval
and will be handled on a case by case situation.
C. Vendor Request Process
1. The vendor will contact the Project Leader to request access.
2. The Project Leader is responsible for logging the request for access and justification in the change control log.
3. The Project Leader will document reason for access and email Firewall Administrators to have the VPN opened.
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4. A firewall administrator will open the VPN and reply to the Project Leader’s email notifying them it has been
opened.
5. Once the vendor has completed their work and the application has been tested, they will notify the Project Leader
that the work is complete.
D. etwork Security
1. Vendor will allow only the vendor’s employees approved in advance by Augusta-Richmond County to access the
network connection. Vendor shall be solely responsible for ensuring that Authorized Vendor Employees are not
security risks, and upon Augusta-Richmond County’s request, Vendor will provide Augusta-Richmond County with
any information reasonably necessary for Augusta-Richmond County to evaluate security issues relating to any
Authorized Vendor Employee.
2. Vendor will promptly notify Augusta-Richmond County whenever any Authorized Vendor Employee leaves the
Vendor’s employ or no longer requires access to the Network Connection.
3. Each party will be solely responsible for the selection, implementation and maintenance of security procedures and
policies that are sufficient to ensure that (a) such party’s use of the Network Connection is secure and is used only
for authorized purposes, and (b) such party’s business records and data are protected against improper access, use,
loss, alteration or destruction.
4. Vendor shall notify Augusta-Richmond County in writing promptly upon a change in the user base for the work
performed over the Network Connection or whenever in vendor’s opinion a change in the connection and/or
functional requirements of the Network Connection is necessary.
E. Protection of Augusta-Richmond County Private Information and Resources
The Augusta-Richmond County network support group responsible for the installation and configuration of a specific
vendor connection must ensure that all possible measures have been taken to protect the integrity and privacy of
Augusta-Richmond County confidential information. At no time should Augusta-Richmond County rely on
access/authorization control mechanisms at the vendor’s site to protect or prohibit access to Augusta-Richmond County
confidential information.
Augusta-Richmond County shall not have any responsibility for ensuring the protection of vendor information. The
vendor shall be entirely responsible for providing the appropriate security measures to ensure protection of their private
internal network and information.
F. Audit and Review of Vendor etwork Connections
All aspects of the vendor network connections up to, but not including Augusta-Richmond County firewall, will be
monitored by the appropriate IT staff. Where possible automated tools will be used to audit tasks. Monthly reports
should be generated on the authentication database showing the specific login entries.
All vendor network connections will be reviewed on a quarterly basis and information regarding specific vendor network
connection will be updated as necessary. Obsolete vendor network connections will be terminated following
confirmation with the Project Leader that the connection is indeed obsolete.
G. Augusta-Richmond County IT Security
Augusta-Richmond County IT Security has the responsibility for maintaining related policies and standards. IT Security
will also provide advice and assistance regarding judgment calls, and will facilitate information gathering in order to
make a correct decision.
H. Enforcement
Any vendor found in violation of this policy will be subject to, but not limited to, loss of VPN privileges and other action
up to and including dissolution of contract and/or legal action if Augusta systems are compromised.
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Vendor Signature
JOSEPH K. MCCLURKIN, SENIOR
ASSOCIATE
DATE
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