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HomeMy WebLinkAbout2015-10-13-Meeting Mintues Public Safety Committee Meeting Commission Chamber - 10/13/2015 ATTENDANCE: Present: Hons. Lockett, Chairman; Frantom, Vice Chairman; Sias and Smith, members. Absent: Hon. Hardie Davis, Jr., Mayor. PUBLIC SAFETY 1. Motion to approve a request by the Augusta Fire Department for an Automatic Aid Agreement and a Memorandum of Understanding (MOU) between Fort Gordon, GA and Augusta, GA for the purposes of fire suppression and emergency assistance; additionally, to authorize the Mayor to execute all appropriate documentation. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Grady Smith Commisioner Sean Frantom Passes 2. Motion to approve a request by the Augusta Fire Department for a Memorandum of Understanding (MOU) between Augusta, GA and Jefferson Energy Cooperative to allow Jefferson Energy Cooperative to utilize property located at 3129 Highway 88, Blythe, GA 30805 as a Disaster Response Staging Site. Additionally to authorize the Mayor to execute documentation associated with this request. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Motion to approve. Commissioner Commisioner Sean Approve Motion Passes 4-0. Grady Smith Frantom Passes 3. Motion to approve a request by the Augusta Fire Department for a Mutual Aid Agreement between Richmond County, GA and Edgefield County, SC for the purposes of fire suppression and emergency assistance; additionally, to authorize the Mayor to execute all appropriate documentation. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Grady Smith Commisioner Sean Frantom Passes 4. Approve selection of BOSS (Business Oriented Software Solutions, Inc.) for Information Technology Service Management Software. RFP 15-140 Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Sammie Sias Commissioner Grady Smith Passes 5. Motion to approve the minutes of the Public Safety Committee held on September 8 and September 29, 2015. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Grady Smith Commisioner Sean Frantom Passes 6. Motion to approve award of the Professional Management of (RCCI's) Inmates' Food Service to Trinity Services Group, Inc. effective January 2016 subject to receipt of signed contract. RFP 15-195 Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Grady Smith Commisioner Sean Frantom Passes 7. Motion to ratify acceptance of the Georgia Emergency Management Agency/Homeland Security grant in the amount of $8,040.00 for the Augusta, Georgia Emergency Management Agency CERT Program. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Grady Smith Commisioner Sean Frantom Passes 8. Motion to ratify acceptance of the Georgia Emergency Management Agency/Homeland Security grant in the amount of $7,990 for the Augusta, Georgia Emergency Management Agency GSAR Program. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Grady Smith Commisioner Sean Frantom Passes 9. Motion to ratify acceptance of the Georgia Emergency Management Agency/Homeland Security grant in the amount of $20,510 for the Augusta, Georgia Emergency Management Agency Hazmat Program. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Motion to approve. Commissioner Commisioner Sean www.augustaga.gov Approve Motion Passes 4-0. Grady Smith Frantom Passes Public Safety Committee Meeting 10/13/2015 1:20 PM Attendance 10/13/15 Department: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Public Safety Committee Meeting 10/13/2015 1:20 PM Approve Automatic Aid Agreement and MOU Between Fort Gordon, GA and Augusta, GA Department:Fire Caption:Motion to approve a request by the Augusta Fire Department for an Automatic Aid Agreement and a Memorandum of Understanding (MOU) between Fort Gordon, GA and Augusta, GA for the purposes of fire suppression and emergency assistance; additionally, to authorize the Mayor to execute all appropriate documentation. Background:This is automatic aid agreement and MOU between Fort Gordon, GA and Augusta, GA to render supplemental fire suppression, protection, prevention, rescue and emergency medical assistance and response to each other in the event of a fire or other local emergency. Both parties also agree to take part and to participate in joint training exercises. This agreement will be entered pursuant to the Georgia Mutual Aide Act, O.C.G.A Section 36-69-1, et seq and pursuant to the 1983 Constitution of the State of Georgia, Article IX, Section II, Paragraph 3. Analysis:This agreement will provide supplemental manpower, equipment, and training to both Fort Gordon, GA and Augusta, GA so to better ensure the safety and wellbeing of their citizens. Financial Impact: Alternatives: Recommendation:Approve the Automatic Aid Agreement and the MOU between Fort Gordon, GA and Augusta, GA and approve the execution of all appropriate documentation by the Mayor. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Safety Committee Meeting 10/13/2015 1:20 PM Approve MOU Between Jefferson Energy Cooperative and Augusta, GA Department:Fire Caption:Motion to approve a request by the Augusta Fire Department for a Memorandum of Understanding (MOU) between Augusta, GA and Jefferson Energy Cooperative to allow Jefferson Energy Cooperative to utilize property located at 3129 Highway 88, Blythe, GA 30805 as a Disaster Response Staging Site. Additionally to authorize the Mayor to execute documentation associated with this request. Background:This is a MOU between Augusta, GA and Jefferson Energy Cooperative allow Jefferson will allow Jefferson Energy Cooperative to utilize property located at 3129 Highway 88, Blythe, GA 30805 to establish emergency facilities to support its response and recover efforts to a specific emergency situation. Analysis:Both parties agree that each benefit from entering into this MOU as it is mutually beneficial to both parties that any interruption in Jefferson Energy Cooperative’s ability to provide electrical services to its members be corrected as soon as possible Financial Impact: Alternatives: Recommendation:Approve the MOU between Augusta, GA and Jefferson Energy Cooperative. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Safety Committee Meeting 10/13/2015 1:20 PM Approve Mutual Aid Agreement Between Richmond County, GA and Edgefield County, SC Department:Fire Caption:Motion to approve a request by the Augusta Fire Department for a Mutual Aid Agreement between Richmond County, GA and Edgefield County, SC for the purposes of fire suppression and emergency assistance; additionally, to authorize the Mayor to execute all appropriate documentation. Background:This is a mutual aid agreement between Richmond County, GA and Edgefield County, SC to render supplemental fire suppression, protection, prevention, rescue and emergency medical assistance and response to each other in the event of a fire or other local emergency. Both parties also agree to take part and to participate in joint training exercises. This agreement will be entered pursuant to the Georgia Mutual Aide Act, O.C.G.A Section 36-69-1, et seq and pursuant to the 1983 Constitution of the State of Georgia, Article IX, Section II, Paragraph 3. Analysis:This agreement will provide supplemental manpower, equipment, and training to both Augusta and Edgefield County so to better ensure the safety and wellbeing of their citizens. Financial Impact: Alternatives: Recommendation:Approve the Mutual Aid Agreement between Richmond County, GA and Edgefield County, SC. and the execution of all appropriate documentation by the Mayor. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission 1 SOFTWARE, SERVICES, AND MAINTENANCE AGREEMENT THIS AGREEMENT (hereinafter the "Agreement") is made this 17th day of August, 2015, (the "Effective Date") by and between Augusta, GA, a political subdivision of the State of Georgia, with its place of business at 535 Telfair Street, Augusta, GA U.S.A., 30901, (hereinafter the "City"), and Business Oriented Software Solutions, Inc., with its principal place of business at 350 Research Court, Suite 110, Norcross, GA 30092, (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 IT Service Management Software 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 PROVISIONS SECTION I – ENGAGEMENT AND SERVICES OF THE VENDOR 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. The Services include all activities necessary to successfully implement the Software and System Requirements found in Augusta RFP Item #15-140, except those requirements noted in the Vendor response as unavailable, for which the Vendor submitted a proposal on March 20, 2015 (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. 2. Performance of the Vendor; Standard of Care. The Vendor accepts the relationship of trust and confidence established between the City and the Vendor by the terms of this Agreement. The Vendor covenants with the City to perform all Services under this Agreement in a skillful and competent manner, exercising a high standard of skill, quality and care while doing so. Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services, and that it shall employ all required 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 perform its duties and obligations under this Agreement in an efficient, expeditious and economical manner, consistent with the best interests of the City and the professional standard of care set forth in this Agreement. 2 SECTION II – RESPONSIBILITIES OF THE VENDOR 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 his or her best 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 Maha Mahadevan 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 for any 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 licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Services under this Agreement. 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 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 F. 3 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 as described in Exhibit D, Project Schedule, (“the Completion Date”), 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 software licenses identified in Exhibit A for the City’s use as governed by the Software License and Support Agreement, attached as Exhibit B. 9. Escrow Agreement. The vendor has provided for a software escrow agreement, a copy of which is attached as Exhibit C, which provides for access to software source code under certain circumstances that are defined in the agreement. If this is not required for this project Exhibit C should simply include the Vendor’s justification of why this is not necessary, subject to approval by the City. 10. 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. 11. 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. 12. Prohibition Against Transfers. The Vendor shall not 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 City. Any attempt to do so without the prior written consent of the City 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. 13. 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. 14. 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. 15. 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. 16. 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 4 shall coordinate with the City in achieving the results and meeting the goals established pursuant to this Agreement. 17. 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. 18. 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. SECTION III – RESPONSIBILITIES 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. 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 full authority to represent and act on behalf of the City for all purposes under this Agreement. 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 Reggie Horne 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 D. 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. SECTION IV - COMPENSATION 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 Exhibit “A” 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 Exhibit “A” without written approval of the City Administrator or 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 Exhibit “A”. 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 Exhibit D, or on such other basis as may be mutually agreed upon by the Parties. Each invoice will be itemized. The City shall make payments to the Vendor within thirty (30) days following the date of receipt of the invoice, 5 unless the City disputes the amount of the Compensation the Vendor claims it is owed under this Agreement. 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 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. The Vendor shall have an immediate right to appeal to the City Administrator with respect to withheld amounts. The determination of the City Administrator with respect to such matters shall be final. Nothing herein shall be construed as limiting the Parties rights to pursue all available legal remedies. SECTION V – EXPIRATION AND TERMINATION 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 any validated 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; 6 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 PROGRAM as defined in the Software License and Support Agreement, Exhibit “B”, together with all copies, modifications and merged portions, or B. Return the PROGRAM together with all copies, modifications and merged portions to Vendor, or C. City may continue to use the PROGRAM 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. SECTION VI – GENERAL PROVISIONS 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. 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 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 7 addresses as the parties may designate by written notice: To the City: Tameka Allen, IT Director 535 Telfair Street, Bldg 2000 Augusta, GA 30901 T: 706.821.2522 F: 706.821.2530 Copies to: Janice Jackson, City Administrator 535 Telfair Street, Suite 901 Augusta, GA 30901 T: 706.821.2400 To the Vendor: Maha Mahadevan, President Business Oriented Software Solutions, Inc. 350 Research Court, Suite 110 Norcross, GA 30092 Notice shall be deemed received as follows, depending upon the method of transmittal: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and 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. 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 8 the Parties. 20. Incorporation of Exhibits. The “Exhibits” 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. 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 expected to be 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 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. 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 $250 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. 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 independent of Section V – Default of Vendor. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. The liquidated damages set forth above are not intended to compensate the City 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 the City from recovering other damages in addition to the payments made hereunder which the City can document as being attributable to the documented Vendor failures. In addition to other costs that may be recouped, the City 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 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 attorneys’ fees, arising out of or resulting from the 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, 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. Insurance Requirements. The Vendor shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy(s) that will ensure and indemnify the City against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the Vendor in performance of the work during the term of this Agreement. The Vendor shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia. B. Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. The policies shall be written by a responsible company(s), to be approved by the City, and shall be noncancellable except on thirty-(30) days' written notice to the City. Such policies shall name the City as co-insured, except for worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement. 28. Georgia Prompt Pay Act Not Applicable. The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. 29. 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. 30. 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 10 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. 31. 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. 32. 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. 33. 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. 34. 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 F – Vendor Network Access Policy 11 SIGNATURES Wherefore the above referenced parties have caused this agreement to be executed in two originals by and through their duly authorized officials: For Augusta For Vendor HARDIE DAVIS, JR., MAYOR MAHA MAHADEVAN, CEO DATE DATE Attest: LENA BONNER, CLERK OF COMMISSION DATE 12 EXHIBIT A – VENDOR SOFTWARE & LICENSES Software Deliverables : 1. BOSS Support Central (Unlimited licenses) · Asset Management Module o Computer Management Hadware Inventory Software nventory IT Discovery Software Deployment License Compliance o Asset life-cycle Management Service Desk o Incident/Request Management o Email2Ticket o User & Technician web portal o Custom Templates o Workflow Engine o Mobile Service Desk o Knowledgebase o Survey Creation Dashboard Reporting / Reports Mobile Apps o Mobile Assets o Mobile Ticketing o Geo-Maping Assets 2. BOSS Password Reset – Self service user password reset Annual License price $14,995 13 Statement of Work for Training, Implementation, Data Cleanup and Data import 1. Training & Implementation · Eight (8) hours full product installations and default implementation to be performed remotely. · Eight (8) hours of implementation to include importing users, active directory, service catalogue set up and default level customization done remotely. Remote tool(s) of choice will be integrated into the asset management whereby the remote tool is invoked by right clicking on the computer and selecting the remote tool. · Twenty-Four hours (24 hours) of on-site training designed by City of Augusta from BOSS recommendations. Training can include all departments, groups within those departments and users but not to exceed 3 days (24 hours). Total: 40 hours (5 days) 2. Data Import from TrackIT · Data will imported to BOSS from TrackIT database. · All assets information from TrackIT will be imported into BOSS CMDB. · Help desk tickets from TrackIT (5 years or less) will be imported into BOSS Service desk database and will accessible thro BOSS service desk. · Import of knowlegebase (FAQ) from TrackIT to BOSS knowledgebase. Total: 64 hours (8 days) Total for Services: $19,450 14 BOSS Platinum Support (included as part of the subscription) Provided to City of Augusta with your annual license subscription of $14,995 · Unlimited Telephone Support Requests · Unlimited Email Support Request · Dedicated 800# for Platinum Customers Only · Up to 10 reports per year built by BOSS Support team for City of Augusta · BOSS completed upgrades · Priority Involvement in Beta Programs – Early Adopters · Automatic Notification of and Access to all Product Updates and Upgrades · Full Access to FAQ’s, Knowledge Base and Product Web Portal · Customer Advisory Roadmap Member · Early Priority Notification / Technical Webinars and Product · Demo Registrations · One (1) Free Entry for each Paid Entry – BOSS Regional Training & User Conference · Platinum Level Custom Report Card Offering · Annual On-Site Visit and Assessment · Support Incidents (Web Meetings) 15 EXHIBIT B – SOFTWARE LICENSE AND MAINTENANCE AGREEMENT END USER LICENSE AGREEMENT This is a legal Agreement between you, the end user, and Business Oriented Software Solutions, Inc. ("BOSS"). By opening this media package and/or by using the Software, you are agreeing to be bound by the terms of this Agreement. Grant of License. Business Oriented Software Solutions, Inc. grants you the right to use one copy of the enclosed software program and accompanying documentation (together with any upgrades supplied by BOSS, the "Software") according to the conditions specified here. BOSS, its suppliers, licensors, or successors reserve all rights not expressly granted here. You May: a. Install the Software based on the number of licenses in the agreement; and b. make no more than one copy of the Software in machine readable form, solely for back up purposes, provided that you reproduce all proprietary notices on the copy; and c. physically transfer the Software from one computer to another., provided that the Software is used on only one computer at a time. You May Not: a. modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except to create the back up copy) the Software; or b. rent, lend, transfer, distribute, or grant any rights in the Software in any form to any person without the written consent of BOSS; or c. remove any proprietary notices, labels, or marks from the Software. Upgrade Products. Any upgrades to the Software may only be used in conjunction with the prior version of the Software. Validity of License. The license granted is valid forever if this is a perpetual license agreement with BOSS. For annual subscription license holders, this license is valid for a period of one year from the date of purchase or agreement. Subsequent renewals are automatic unless notified to BOSS in writing sixty days prior to the expiration of the license. Renewal amounts are due 30 days prior to the expiration date. Not adhering to the payments and other terms in the agreement will make the use of this license unauthorized and illegal are liable for further actions and legal remedies. Limited Warranty and Disclaimer. BOSS makes no warranties or conditions, express, implied, statutory, or otherwise. BOSS specifically disclaims any implied warranties of merchantability, non- infringement and fitness for a particular purpose. BOSS does not warrant that the Software will meet your requirements, or that the operation of the Software will be uninterrupted or error free. You assume the responsibility for the selection of your requirements, software, and hardware to achieve your intended results; for installation; for use; and that the operations of the Software will be uninterrupted or error free. Some States do not allow the exclusion of implied warranties, in which event some of these exclusions may not apply to you. This warranty gives you specific legal rights. You may also have other rights, which vary from State to State. 16 Proprietary Rights. This license is not a sale. Title and copyrights to the Software and accompanying documentation, including the enclosed copies and any copy made by you, remain with BOSS or its suppliers, licensors, or successors. Limitation of Liability. BOSS' liability arising out of this Agreement shall not exceed the amounts paid by you to obtain the Software. In no event will BOSS be liable for any loss of data, lost opportunity or profits, cost of cover, or special, incidental, consequential, or indirect damages arising from the use of the Software in this Agreement, however caused and on any theory of liability. These limitations will apply even if BOSS or an authorized dealer has been advised of the possibility of such damage, and notwithstanding any failure of essential purpose of any limited remedy. You acknowledge that the amount paid for the Software reflects this allocation of risk. Some States do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Export Restrictions. You agree that you will not export or re export the Software in any form without the appropriate United States and foreign government licenses, and BOSS written approval. Your failure to comply with this provision is a material breach of this contract. If you need advice on such export laws and regulations, you should contact the U.S. Department of Commerce, Export Division, Washington, DC 20230, USA. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by removing from your system and destroying all copies of the Software and the accompanying documentation. Unauthorized copying of the software or the accompanying documentation or otherwise failing to comply with the terms and conditions of this Agreement will result in automatic termination of this Agreement and will make available to BOSS other legal remedies. Upon termination of this Agreement, this license will terminate and you must immediately destroy the Software and accompanying documentation, and all back up copies. United States Government Use. The Software and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performing, displaying or disclosing of the Software and accompanying documentation by the U. S. Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. Miscellaneous. This is the entire Agreement between you and BOSS, its suppliers, licensors, or successors relating to the subject matter. No waiver or modification of the Agreement shall be valid unless signed by BOSS and you. The waiver of a breach of any term shall in no way be construed as a waiver of any other term or breach. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement is governed by the laws of the State of Georgia without reference to conflict of laws principles. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts in Georgia and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. Should you have any question about this Agreement, or if you desire to contact BOSS, please write: Business Oriented Software Solutions, Inc. 350 Research Court, Suite 110 Norcross, GA 30092. 17 18 BOSS SUPPORT AGREEMENT Annual Maintenance Agreement BOSS is pleased to provide the following support considerations for its products and services: While a customer is under a maintenance agreement they will be entitled to: · Free software Service Packs, Maintenance Releases and enhancements · Discount on services, upgrades and other BOSS products Support after the first year is offered at the rate of 20% of the purchase price for perpetual license. For customers on annual subscription, support & maintenance is included in the annual subscription. The minimum support agreement will be $1000 per year. EXPLANATIONS Service Packs and Maintenance Releases are designed to take care of any known bugs or fixes. They may be also be used to improve compatibility with other programs should the other programs change from their original design, such as a Windows Service Pack that materially effects the functionality of BOSS software. Enhancements may be an improvement in a process used by a BOSS product. An example may be a modified user interface to current functions. Upgrades will generally involve additional functionality not originally designed into the product. How to receive BOSS support: BOSS support services are staffed to provide full support during normal business hours. Should you have an urgent problem that requires immediate assistance, please leave a message in the support voice mailbox that will page the support personnel. BOSS Support line is open during the normal business hours of 8:30 AM to 5:30 PM Eastern time. All clients under maintenance contract are provided access to our on-line support. They can raise support tickets online that gets directed to appropriate support team. They can also get support by sending an email to support@boss-solutions.com. Clients can reach our support team by calling toll free at 800 669 8946. General Information: Customers requiring support can get assistance in any of the following ways: · Review and download information from BOSS website · File a support request online · Call our Support team. See phone numbers below · Send e-mail. See e-mail addresses below under Support Locations. 19 Support Functions · Product Support is available to current customers. · Support Request Online · Support Methods and Procedures · Support Locations: 350 Research Court, Suite 110 Norcross, GA 30092 e-mail at Support@boss-solutions.com FAX 866.403.9388 Phone (678) 684-1200 Option 6 Support Methods and Procedures: BOSS Support services follow a multi-tier approach to problem resolution. This ensures timely response to customer inquiries. Outlined below is the general flow a Support ticket goes through to reach resolution. 1. There are several ways in which the Support receives inquiries: via phone, e-mail, or fax. The Support coordinator gathers all of the information necessary to make an accurate assessment of the situation and establish priority. Tickets that are phoned in will be logged while you wait allowing us to give you the support ticket number immediately. E-mail, voice mail, and fax requests are normally responded to within two hours at which time we will send you an e-mail message, letting you know that a ticket has been issued as well as the ticket number for tracking purposes. 2. The Support Coordinator will create a call ticket and assign a ticket number containing all of the information gathered. The Support analyst determines priority based on established Agreement Level guidelines. For urgent tickets, the customer is updated every two hours on the status of the situation. 3. Once the ticket has been created, the Support Coordinator attempts to resolve the issue at First Level Support. If the ticket cannot be resolved, the ticket is escalated to a specific Support Supervisor to be resolved at Second Level. 4. The Support Team Supervisor at Second Level will assign the ticket to a member of the Support Team. The assigned individual will work to resolve the problem and report back to the Support once the issue has been resolved. If additional information is needed, the ticket will be placed in pending status and the individual will contact the client for more information. Once that information is received, the ticket will be resolved and the Support notified. 5. If system/program modifications are required, quality assurance testing is completed prior to ticket resolution. 6. Once the issue has been resolved, release is coordinated with the customer and notification is sent to the Support. The Support will follow up with the customer either by phone or e- mail to ensure the customer's satisfaction with the resolution before closing the ticket. A customer ticket will not be closed until we are sure the customer is fully satisfied. 20 21 EXHIBIT D – PROJECT SCHEDULE Event Projected Completion Date* Status Selection of Vendor Contract Negotiation Approval of Contract by City Attorney Administration / Commission Approval Contract Signing Initial Billing for Software Licenses (25% of Software & Services) Billable upon contract signing Implementation (Go Live) Will be scheduled pending arrival of equipment that must be ordered by Augusta IT and installation of infrastructure and equipment as needed. Implementation Billing (25% of Software & Services) Billed at Go- Live Acceptance Testing Go Live + 30 calendar days System Acceptance At completion of acceptance testing Pending completion of system requirements Final Billing (50% Software & Services) Billable upon System Acceptance by Augusta *All dates are subject to change upon mutual agreement of Augusta and Vendor. 22 EXHIBIT F – VENDOR REMOTE NETWORK ACCESS POLICY AND 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. 23 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. 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. Network 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 24 measures to ensure protection of their private internal network and information. F. Audit and Review of Vendor Network 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. Vendor Signature MAHA MAHADEVAN DATE 8/17/15 Request for Proposal Request for Proposals will be received at this office until Friday, March 20, 2015 @ 11:00 a.m. for furnishing: RFP Item #15-140 IT Service Management Software for Information Technology 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 535 Telfair 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, 535 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, March 6, 2015 @ 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 120 days after time has been called on the date of opening. A 100% Performance Bond will be required from the awarded vendor. 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 February 12, 19, 26, March 5, 2015 Metro Courier February 18, 2015 Revised: 1/12/2015 UNOFFICIAL VENDORS Attachment "B" E-Verify # Addendum #1 SAVE Form Original 7 Copies Fee Proposal BMC SOFTWARE, INC 2101 CITYWEST BOULEVARD HOUSTON, TX 77042 YES 40635 YES YES YES YES YES MNCL INC. 1212 CORPORATE DRIVE SUITE 260 IRVING, TX 75038 NO NO NO NO YES YES YES BUSINESS ORIENTED SOFTWARE SOLUTIONS, INC (BOSS) 350 RESEARCH COURT SUITE 110 NORCROSS, GA 30092 YES 457282 YES YES YES YES YES Proposal Opening RFP Item #15-140 IT Service Management Software for Augusta, Georgia - Information Technology RFP Due: Friday, March 20, 2015 @ 11:00 a.m. Total Number Specifications Mailed Out: 19 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Mandatory Pre-proposal/Telephone Conference Attendees: NOT APPLICABLE Total packages submitted: 3 Total Noncompliant: 1 Page 1 of 1 Evaluation Criteria PTS BMC SOFTWARE, INC 2101 CITYWEST BOULEVARD HOUSTON, TX 77042 BUSINESS ORIENTED SOFTWARE SOLUTIONS, INC (BOSS) 350 RESEARCH COURT SUITE 110 NORCROSS, GA 30092 1. Ability to Satisfy the Statement of Scope 40 40 40 2. Ability to integrate easily with other Applicants 20 18 18 3. Apparent User-Friendliness of the Software 15 13 13 4. Vendor Firm Stability 15 13 11 5. Overall System Cost Lowest 10 Second 6 Third 2 10 6 10 TOTAL 100 89 91 Cumulative Evaluation Sheet - RFP Item #15-140 IT Service Management Software for Augusta, Georgia - Information Technology Monday, March 30, 2015 @ 3:00 p.m. INFORMATION TE CHNOLOGY Tameka Allen Director Michael F. Blanchard Deputy Director Ms. Geri Sams, Director, Procurement Depafiment Mr. Reggie Horne, CSS Manager,Information Technology Departmen Ms. Tameka Allen, Directorr lnformation Technologf, Depa RFP 15-140IT Service Management Software Vendor June 16,2015 Gary Hewett Deputy Director To: From: Through: Subject: Date: Based on the committee response to the vendor presentation, it has been determined that Business Oriented Software Solutions, Inc. (BOSS) is the firm best qualified to satisfu the system requirements that were specified in RFP 15-140, IT Service Management Software. Information Technology would like to proceed to negotiate with BOSS for a final product and price that will be beneficial to Augusta, upon your approval. If you have any questions, please do not hesitate to contact me at 706-821-1571. Thank you for your assistance in this matter. Information Technology 535 Telfair Street" Building 2000 Augusta GA 30901 (7 06) 821 -2s22 - FAX (7 06) 821-2530 www.AugustaGa.gov fltr:ElidlT t$r sI' Public Safety Committee Meeting 10/13/2015 1:20 PM Information Technology Service Management Software Department:Information Technology Department Caption:Approve selection of BOSS (Business Oriented Software Solutions, Inc.) for Information Technology Service Management Software. RFP 15-140 Background:Augusta Information Technology (IT) currently uses Numara Track-It to aid in the process of tracking help-desk tickets, completing work orders, maintaining assets, and managing the life-cycle of technology equipment. With constant growth and development in the technology arena, IT is looking to replace the current software with a new system that will provide enhancements in the areas of customer service, asset tracking, life- cycle management, customer engagement, technology deployment, analytics, and so forth. We believe an enhanced solution will aid Information Technology in accomplishing our mission and goals. Analysis:Augusta IT released an RFP (15-140) for IT Service Management Software. Personnel from Information Technology and Procurement reviewed proposals from the two qualifying vendors, and BOSS, Inc. was the bidder whose solution was the best fit for Augusta’s requirements. This solution is expected to offer enhancements over Augusta’s current software system since there are many new tools and enhancements to this software as compared to the current system in place. Financial Impact:The software solution will cost an estimated $34,445 to implement, and the funds are allocated in the IT 2015 Capital Budget. Alternatives:N/A Recommendation:Approve Agreement with BOSS, Inc. for the implementation of IT Service Management Software. Funds are Available in the Following Accounts: 272015410:5424220 REVIEWED AND APPROVED BY: Procurement. Information Technology. Finance. Law. Administrator. Clerk of Commission Public Safety Committee Meeting 10/13/2015 1:20 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the Public Safety Committee held on September 8 and September 29, 2015. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Request for Proposal Request for Proposals will be received at this office until Friday, August 14, 2015 @ 11:00 a.m. for furnishing: RFP Item #15-195 Professional Management of the Inmates Food Service for Richmond County Correctional Institution (RCCI) 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 535 Telfair 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, 535 Telfair Street – Room 605, Augusta, GA 30901. A mandatory site visit is scheduled for Monday, July 27, 2015 @ 2:00 p.m. at the Richmond County Correctional Institution (RCCI), 2314 Tobacco Road, Augusta, GA 30906. 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 Wednesday, July 29, 2015, @ 5:00 P.M. No bid 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 July 2, 9, 16, 23, 2015 Metro Courier July 8, 2015 Revised: 1/12/2015 VENDORS Attachment "B" Addendum #1 & #2 E-Verify # SAVE Form Fee Proposal Original 7 Copies TRINITY SERVICE GROUP, INC 477 COMMERCE BLVD. OLDSMAR, FL 34677 YES YES 602240 YES YES YES YES ABL MANAGEMENT, INC. 11224 BOARDWALK DR. SUITE B1-5 BATON ROUGE, LA 70816-8344 YES YES 150812 YES YES YES YES WORLD HOSPITIALITY PARTNERS 6053 PARK CLOSE FAIRBURN, GA 30213 CBM MANAGED SERVICES 500 EAST 52ND STREET NORTH SIOUX FALLS, SD 57104 YES YES 605649 YES YES YES YES Proposal Opening RFP Item #15-195 Professional Management of the Inmates Food Service for Augusta, Georgia - Richmond County Correctional Institution (RCCI) RFP Due: Friday, August 14, 2015 @ 11:00 a.m. Total Number Specifications Mailed Out:10 Mandatory Pre-proposal/Telephone Conference Attendees: 3 Total packages submitted: 4 Total Noncompliant: 1 NON RESPONSIVE Page 1 of 1 Evaluation Criteria PTS TRINITY SERVICE GROUP, INC 477 COMMERCE BLVD. OLDSMAR, FL 34677 ABL MANAGEMENT, INC. 11224 BOARDWALK DR. SUITE B1-5 BATON ROUGE, LA 70816- 8344 CBM MANAGED SERVICES 500 EAST 52ND STREET NORTH SIOUX FALLS, SD 57104 Management Structure 40 35.0 33.5 27.5 Responsive to Tasks 30 28.0 25.5 22.5 Prior Experience & Personnel 20 20.0 17.5 15.0 Cost and Price Analysis (must provide and enclose in separate sealed envelope) • Lowest 10 points • Second 8 points • Third 6 points • Fourth 4 points • Highest 2 points 10 8.0 10.0 6.0 Total 100 91 86.5 71 Cumulative Evaluation Sheet - RFP Item #15-195 Professional Management of the Inmate Food Services for Augusta, Georgia – RCCI Monday, August 24, 2015 @ 11:00 a.m. CBM MANAGED SERVICES 500 EAST 52ND STREET NORTH SIOUX FALLS, SD 57104 CONSOLIDATED MANAGEMENT COMPANY 2670 106TH STREET, SUITE 140 DES MOINES, IOWA 50322 ABL MANAGEMENT, INC. 11224 BOARDWALK DR. SUITE B1-5 BATON ROUGE, LA 70816-8344 ABL MANAGEMENT, INC. P.O. BOX 40486 BATON ROUGE, LA 70835-0486 ARAMARK 3302 COMMERCE DRIVE AUGUSTA, GA 30909 ROYAL FOOD SERVICE 3720 ZIP INDUSTRIAL BOULEVARD ATLANTA, GA 30354 GOOD SOURCE SOLUTIONS INC. GOOD SOURCE INC. 1750 WEST HWY 52 EMMETT, IDAHO 83617 RONLYN FOOD SERVICES 39801 ACADEMIC DR FORT GORDON, GA 30905 TRINITY SERVICE GROUP, INC ATTN: LARRY VAUGHN 477 COMMERCE BLVD. OLDSMAR, FL 34677 FOOD SERVICES & HOSPITALITY 18228 US HIGHWAY 41 NORTH LUTZ, FL 33549 Evan Joseph RCCI Yvonne Gentry LSBOP Joyce Bowdre (2924) Alternate RCCI contact (does not need packages) RFP Item #15-195 Professional Management of the Inmates Food Service for Richmond County Correctional Institution (RCCI) Mailed: 2 July 2015 RFP Item #15-195 Professional Management of the Inmates Food Service for Richmond County Correctional Institution (RCCI) DUE: Fri., Aug. 14, 2015 @ 11am Pg 1 of 1 Public Safety Committee Meeting 10/13/2015 1:20 PM Professional Management of (RCCI's) Inmates Food Service Department:Richmond County Correctional Institution Caption:Motion to approve award of the Professional Management of (RCCI's) Inmates' Food Service to Trinity Services Group, Inc. effective January 2016 subject to receipt of signed contract. RFP 15-195 Background:RCCI currently utilize Food Service personnel to operate and manage the Inmates' Kitchen. An outside contractor will allow the department to place security guards (Correctional Officers) in key security posts other than Food Service. A request for proposal (RFP Item #15-195) was completed in August 2015 and three (3) companies responded. Analysis:A committee was formed to select a contractor to provide the professional management of the Inmates' Food Service for RCCI. Selection was based on: 1)Management Structure; 2) Responsiveness to Tasks; 3) Prior Experience and Personnel; 4) Cost and Price Analysis. Trinity Services Group, Inc. was selected. Contractors: 1) Trinity Services Group, Inc. 2) ABL Management, Inc. 3) CBM Managed Services Financial Impact:Trinity Services Group, Inc. will manage the entire Food Services operation of the institution to include inventory, sanitation, food prep etc., at a rate of $1.39 per meal per inmate. The annual cost will be $350,072.00. This will allow the department to continue to place security guards (Correctional Officers) in key security posts other than Food Service. In addition, it will save the department/City of Augusta approximately $80,000 (salary/fringe benefits). Alternatives: Recommendation:Request approval for three (3) years with two 1-year option contract with Trinity Service Group, Inc. Funds are Available in the Following Accounts: 101033211/5317110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Public Safety Committee Meeting 10/13/2015 1:20 PM Ratify Acceptance of FY2015 CERT Grant Department:Fire Caption:Motion to ratify acceptance of the Georgia Emergency Management Agency/Homeland Security grant in the amount of $8,040.00 for the Augusta, Georgia Emergency Management Agency CERT Program. Background:On an annual basis, the Augusta, Georgia EMA applies for and receives a grant that funds its CERT program. This year the award paperwork was received by Augusta, Georgia on September 15, 2015. The paperwork was required to be executed and returned within 14 days of receipt. As a result of the absence of a Committee meeting the week of September 21st, it was not possible to get approval from the Commission to accept this grant prior to the deadline to return the paperwork. In order to avoid losing out on this grant opportunity, the grant paperwork was executed and returned prior to Commission approval. Therefore, ratification of this acceptance is appropriate. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: Org Key 220-03-9241 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Safety Committee Meeting 10/13/2015 1:20 PM Ratify Acceptance of FY2015 GSAR Grant Department:Fire Caption:Motion to ratify acceptance of the Georgia Emergency Management Agency/Homeland Security grant in the amount of $7,990 for the Augusta, Georgia Emergency Management Agency GSAR Program. Background:On an annual basis, the Augusta, Georgia EMA applies for and receives a grant that funds its GSAR program. This year the award paperwork was received by Augusta, Georgia on September 15, 2015. The paperwork was required to be executed and returned within 14 days of receipt. As a result of the absence of a Committee meeting the week of September 21st, it was not possible to get approval from the Commission to accept this grant prior to the deadline to return the paperwork. In order to avoid losing out on this grant opportunity, the grant paperwork was executed and returned prior to Commission approval. Therefore, ratification of this acceptance is appropriate. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: 220-03-9243 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Safety Committee Meeting 10/13/2015 1:20 PM Ratify Acceptance of FY2015 HazMat Grant Department:Fire Caption:Motion to ratify acceptance of the Georgia Emergency Management Agency/Homeland Security grant in the amount of $20,510 for the Augusta, Georgia Emergency Management Agency Hazmat Program. Background:On an annual basis, the Augusta, Georgia EMA applies for and receives a grant that funds its Hazmat program. This year the award paperwork was received by Augusta, Georgia on September 15, 2015. The paperwork was required to be executed and returned within 14 days of receipt. As a result of the absence of a Committee meeting the week of September 21st, it was not possible to get approval from the Commission to accept this grant prior to the deadline to return the paperwork. In order to avoid losing out on this grant opportunity, the grant paperwork was executed and returned prior to Commission approval. Therefore, ratification of this acceptance is appropriate Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: Org Key 220-03-9242 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission