HomeMy WebLinkAboutMISDEMEANOR PROBATION SUPERVISION SERVICES CONTRACT FOR RICHMOND COUNTY STATE AND MAGISTRATE COURTS_CSRA PROBATION SERVICES, INC. CONTRACT:
CSRA PROBATION SERVICES, INC.
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Cl Ir'" O ROTA
CONTRACT DOCUMENTS FOR
RFP 19-180
Misdemeanor Probation Supervision Services
Richmond County State Court
And
Richmond County Magistrate Court
CONTRACT:
CSRA PROBATION SERVICES, INC.
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Ci
CONTRACT DOCUMENTS FOR
RFP 19-180
Misdemeanor Probation Supervision Services
Richmond County State Court
and
Richmond County Magistrate Court
Index of Articles
ARTICLE 1. CO`magy.DOCUMENTS
ARTICLE 2. SEVERABILITY
ARTICLE 3. QIUMEIBMQLEagairm
ARTICLE 4. SCOPE OF jims
ARTICLE 5. laginEBAgLE
ARTICLE 6. EgIEMEEMEgnyslu
ARTICLE 7. MODIFICATIONS/CHANGE ORDERS
ARTICLE 8. DCCHEQULE O_,F,WORK
ARTICLE 9. CONTRACT TERM
ARTICLE 10. ZIMEMELI2MILEUIVEalsagslawanalauGges
ARTICLE 11. EEIMInglualalaunfiba
ARTICLE 12. SUSPENSIO OF WORK__
ARTICLE 13. D -
ARTICLE 14. CATION OF AGREEMENT FQR.CAU g
ARTICLE 15.
ARTICLE 16. WAIVER OF BREACH
ARTICLE 17. iNgamrsgumagama
ARTICLE 18. ITV
ARTICLE 19. 2201,136112MOIUmgazaigualin
ARTICLE 20. ACCURIcY OF1 WOWOR_K
ARTICLE 21.
ARTICLE 22 iNggrinagnio-
ARTICLE 23. O
ARTICLE 24. •• P •F NiCt : • ; s - ; a ID NF• ; ,, _ . ,
ARTICLE 25. COVENANj AGAINST CONTINGENT FEES
ARTICLE 26. INSURANCE
ARTICLE 27. PROHIBITED INTEREST
ARTICLE 28. SUBCONTRACTING
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ARTICLE 29. AISAIGNABILIrf
ARTICLE 30. A KBACKb LAUSE
ARTICLE 31. AUDITS AND INSPECTOQS
ARTICLE 32. ACCOUNTING SYSTEM
ARTICLE 33. VERBAL AOREEMENI
ARTICLE 34. NOTICES
ARTICLE 35. JURISDICTION
ARTICLE 36. LQVAL_EMPLOYMENT OPPORTUINIT1(
ARTICLE 37. FO.RCE_MAJEURE
ARTICLE 38. OPENREQORDD ACT
ARTICLE 39. O. , Ti • �� ' _ « 1 _ i _ ► . ; : .
MADE,IN R SPONSE TO PROCQREMENNT
ARTICLE 40. INYQICJJ. p PA'MNJ
ARTICLE 41. JAXES,
ARTICLE 42. naMMUrgranotahlagoso
ARTICLE 43. NON„APPROPRIATION
ARTICLE 44 WAGE C AUS
Exhibits
EXHIBIT A: fiENERAL COND TIONS
EXHIBIT B: SPECIAL CONDITIONS
EXHIBIT C: SCOPE OF WORK
EXHIBIT D: PROJECT DEUR BLES
EXHIBIT E: CDMPgISATION
EXHIBIT F: pROCQggnNT FORMS
EXHIBIT G: CONTRACT COMPLIANCE FORMS
EXHIBIT H: INSURANCE AND RISIKMANAGEMENJyQRMS
APPENDICES
APPENDIX 1:
Misdemeanor Probation
Supervision Services Contract
Contractor. CSRA Probation Services, Inc.
Contract No.: RFP 19-180
Address: 802D Oakhurst rive Evans_GA 30809
Telephone: EQ¢;2 0 7076
Email: ntpowefrocsraprobation.com
Contact: Michael Ponolewell
Prey
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CSRA PROBATION SERVICES, INC.
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This Contract made and entered into effective the day of , 2019
by and between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia,
hereinafter referred to as "Augusta", and CSRA Probation Services, Inc. hereinafter
referred to as"Contractor", authorized to transact business in the State of Georgia.
WITNESSETH
WHEREAS, Augusta with the express written consent of the Richmond County Magistrate
Court and the Richmond County State Court, hereinafter referred to as the "Court", desires
to retain a qualified and experienced Contractor to perform Misdemeanor Probation
Supervision Services,hereinafter, referred to as the"Project".
WHEREAS, Contractor has represented to Augusta that it is experienced and has qualified
and local staff available to commit to the Project and Augusta has relied upon such
representations.
NOW THEREFORE, for and in consideration of the mutual covenants contained herein,
and for other good and valuable consideration, Augusta and Contractor agree as follows:
ARTICLE 1. CONTRACT DOCUMENTS
Augusta hereby engages Contractor, and Contractor hereby agrees, to perform the services
hereinafter set forth in accordance with this Contract, consisting of the following contract
documents:
I. Form of Contract
H. Addenda
III. Exhibit A: General Requirements
IV. Exhibit B` Special Conditions
V. Exhibit C: Scope of Work
VI. Exhibit D; Project Deliverables
VII. Exhibit E: Compensation
VIII. Exhibit F: Procurement Forms
IX. Exhibit G: Office of Contract Compliance Forms
X. Exhibit H: Insurance and Risk Management Forms
The foregoing documents constitute the entire Contract of the parties pertaining to the
Project hereof and is intended as a complete and exclusive statement of promises,
representations, discussions and agreements oral or otherwise that have been made in
connection therewith. No modifications or amendment to this Contract shall be binding upon
the parties unless the same is in writing, conforms to Augusta,Georgia Procurement Code
Article 10 governing change orders, is signed by Augusta's and the Contractor's duly
authorized representatives, and entered upon the meeting minutes of the Augusta, Georgia
Board of Commissioners.
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If any portion of the Contract Documents shall be in conflict with any other portion, the various
documents comprising the Contract Documents shall govern in the following order of
precedence: 1) the Contract, 2) the RFP, 3) any Addenda, 4) change orders, 5) the exhibits,
and 6) portions of Contractor's proposal that was accepted by Augusta and made a part of the
Contract Documents.
The Contract was approved by the Augusta, Georgia Board of Commissioners on
ARTICLE 2. SEVERABU_!TY
If any provision of this Contract is held to be unenforceable for any reason, the
unenforceability thereof shall not affect the remainder of the Contract,which shall remain in full
force and effect, and enforceable in accordance with its terms.
ARTICLE 3. PE$CRIPTION OF9RQJECT
Augusta and Contractor agree the Project is to perform Misdemeanor Probation
Supervision Services,All exhibits referenced in this agreement are incorporated by reference
and constitute an integral part of this Contract as if they were contained herein.
ARTICLE 4. ,SCOPE OF WORK
Unless modified in writing by both parties in the manner specified in the agreement, duties of
Contractor shall not be construed to exceed those services specifically set forth herein.
Contractor agrees to provide all services,products, and data and to perform all tasks described
in Exhibit C, Scope of Work.
ARTICLE 5. pELIVERABLES
Contractor shall deliver to Augusta all reports prepared under the terms of this Contract that
are specified in Exhibit D, Project Deliverables. Deliverables shall be furnished to Augusta
by Contractor in a media form that is acceptable and usable by Augusta at no additional
cost at the end of the project.
ARTICLE 6. $ER1(ICES.PROVIDED BY AUGUSTA
Contractor shall gather from Augusta all available non-privileged data and information pertinent
to the performance of the services for the Project. Certain services as described in Exhibit C,
Scope of Work, if required, will be performed and furnished by Augusta in a timely manner so
as not to unduly delay Contractor in the performance of said obligations. Augusta shall have
the final decision as to what data and information is pertinent.
Augusta will appoint in writing an Augusta authorized representative with respect to work to
be performed under this Contract until Augusta gives written notice of the appointment of a
successor. Augusta's authorized representative shall have complete authority to transmit
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instructions, receive information, and define City's policies,consistent with Augusta rules and
regulations. Contractor may rely upon written consents and approvals signed by Augusta's
authorized representative that are consistent with Augusta rules and regulations.
ARTICLE 7. MODIFICATIONS
If during the course of performing the Project, Augusta and Contractor agree that it is
necessary to make changes in the Project as described herein and referenced exhibits, such
changes will be incorporated by written amendments in the form of Change Orders to
this Contract. Any such Change Order and/or supplemental agreement shall not become
effective or binding unless approved by the Board of Commissioners and entered on the
minutes. Such modifications shall conform to the requirements of Augusta, Georgia
Procurement Code, which is incorporated by reference herein.
ARTICLE 8. SCHEDULE OFWMORK
Contractor shall not proceed to furnish such services and Augusta shall not become obligated
to pay for same until a written authorization to proceed (Notice to Proceed) has been sent to
Contractor from Augusta. The Contractor shall begin work under this Contract no later than five
(5)days after the effective date of notice to proceed.
ARTICLE 9. CONTRACT TERM
The period of this Contract shall consist of a series of Terms as defined below. Augusta is
obligated only to pay such compensation under this Contract as may lawfully be made
from funds budgeted and appropriated for that purpose during Augusta's then current fiscal
year.
a. Commencement Term
The "Commencement Term" of this Contract shall begin on the date of execution of the
Contract in the year 2019, the starting date, and shall end absolutely and without further
obligation on the part of Augusta on the 31st day of December, 2021.The Commencement
Term shall be subject to events of termination and Augusta's termination rights that are
described elsewhere in this Contract. Notwithstanding anything contained in this Contract,
Augusta's obligation to make payments provided under this Contract shall be subject to
Augusta's annual appropriations of funds for the goods, services, materials, property and/or
supplies procured under this Contract by Augusta's governing body and such obligation
shall not constitute a pledge of Augusta's full faith and credit within the meaning of any
constitutional debt limitation.
b. Renewal Terms
Unless the terms of this Contract are fulfilled with no further obligation of the part of
either party on or before the final date of the Commencement Term as stated above, or
unless an event of termination as defined within this Contract occurs during the
Commencement Term, this Contract may be renewed at the written option of Augusta
upon the approval of the Augusta Board of Commissioners for three (3) one-year
("Renewal Terms"). However, no Renewal Term of this Contract shall be authorized nor
shall any Renewal Term of this Contract commence unless and until each Renewal Term
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has first been approved in writing by the Augusta Board of Commissioners for the
calendar year of such Renewal Term. If approved by the Augusta Board of
Commissioners, the First Renewal Term shall begin on the 1st day of January, 2022 and
shall end no later than the 31st day of December, 2022. If approved by the Augusta
Board of Commissioners, the Second Renewal Term shall begin on the 1st day of
January, 2023 and shall end no later than the 31st day of December, 2023. If Augusta
chooses not to exercise any Renewal Term as provided in this Section, then the Term
of this Contract shall also be deemed the "Ending Term" with no further obligation on the
party of either party.
c. Term Subject to Events of Termination
All "Terms" as defined within this Section are subject to the section of this Contract
which pertain to events of termination and Augusta's rights upon termination.
d. Same Terms
Unless mutually agreed upon in writing by the parties, or otherwise indicated herein, all
provisions and conditions of any Renewal Term shall be exactly the same as those
contained within in this Contract.
e. Statutory Compliance Regarding Procurement Contracts.
The parties intend that this Contract shall, and this Contract shall operate in conformity
with and not in contravention of the requirements of O.C.G.A. § 36-60-13, as applicable,
and in the event that this Contract would conflict therewith, then this Contract shall
be interpreted and implemented in a manner consistent with such statute.
ARTICLE 10.COMPEN5ALIQN
Compensation for work performed by Contractor on Project shalt be in accordance with the
payment provisions and compensation schedule, attached as Exhibit E, Compensation.
The total contract amount for the Project shall not exceed $2 8 2 .41 9. 8 0 which is full
payment for a complete scope of work.
ARTICLE 11. PERSONNEL AND EQUIPMENT
Contractor shall designate in writing a person(s) to serve as its authorized representative(s)
who shall have sole authority to represent Contractor on all manners pertaining to this contract.
Contractor represents that it has secured or will secure, at its' own expense, all equipment
and personnel necessary to complete this Contract, none of whom shall be employees of or
have any contractual relationship with Augusta. All of the services required hereunder will be
performed by Contractor under his supervision and all personnel engaged in the work shall be
fully qualified and shall be authorized or permitted under law to perform such services.
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Written notification shall be immediately provided to Augusta upon change or severance of any
of the authorized representative(s), listed key personnel or sub-contractor performing services
on this Project by Contractor. No changes or substitutions shall be permitted in Contractor's
key personnel or sub-contractor as set forth herein without the prior written approval of
Augusta. Requests for changes in key personnel or sub-contractors will not be unreasonably
withheld by Augusta.
Contractor shall provide a proposed organizational chart and staffing plan, indicating
organizational structure,number of management, staff employee positions by division, full-time
or part-time status of each employee, salary, and benefit schedules for each employee
classification. The staffing plan should describe the skills and experience required of each of
the employees, and the overall training program that will be implemented to insure that all
personnel meet satisfactory standards of knowledge. The plan must also address strategies
that will be adopted for recruitment and retention of Augusta, Georgia employees. The
plan must also include a work schedule for key managers to ensure that there are a sufficient
number of key managers on property during AM and PM peak periods including AM and PM
pull out.
ARTICLE 12. SUSSPENSION OF WORK
Suspension Notice:Augusta may by written notice to the Contractor, suspend at any time
the performance of all or any portion of the services to be performed under this Contract. Upon
receipt of a suspension notice, the Contractor must, unless the notice requires otherwise:
1) Immediately discontinue suspended services on the date and to the extent specified in
the notice;
2) Place no further orders or subcontracts for material, services or facilities with respect to
suspended services, other than to the extent required in the notice; and
3) Take any other reasonable steps to minimize costs associated with the suspension.
Notice to Resume: Upon receipt of notice to resume suspended services, the Contractor will
immediately resume performance under this Contract as required in the notice.
ARTICLE 13. DISPUTES
Except as otherwise provided in this Contract, any dispute concerning a question of fact
arising under this contract which is not disposed of by agreement shall be decided by
Augusta. The representative shall reduce the decision to writing and mail or otherwise furnish
a copy thereof to the Contractor. The Contractor shall have thirty (30) days from date the
decision is sent to appeal the decision to the Augusta Administrator or his(or her) designee
by mailing or otherwise furnishing to Augusta Administrator or designee, copy of the written
appeal. The decision of the Augusta Administrator or his (or her) designee for the
determination of such appeal shall be final and conclusive. Pending any final decision of a
dispute hereunder, Contractor shall proceed diligently with performance of the Contract and
in accordance with the decision of Augusta's designated representative.
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ARTICLE 14. TERMINATION OF AGREEMENT FOR CAUSE
(1) Either Augusta or Contractor may terminate work under this Contract in the event the
other party fails to perform in accordance with the provisions of the Contract. Any
party seeking to terminate this Contract is required to give thirty (30) days prior
written notice to the other party.
Notice of termination shall be delivered by certified mail with receipt for delivery returned
to the sender.
(2) TIME IS OF THE ESSENCE and if the Contractor refuses or fails to perform the work
as specified in Exhibit C, Scope of Work and maintain the scheduled level of effort as
proposed, or any separable part thereof, with such diligence as will insure completion
of the work within the specified time period, or.any extension or tolling thereof, or fails
to complete said work within such time. Augusta may exercise any remedy available
under law or this Contract. Failure to maintain the scheduled level of effort as proposed
or deviation from the aforesaid proposal without prior approval of Augusta shall
constitute cause for termination
(3) Augusta may, by written notice to Contractor, terminate Contractor's right to proceed
with the Project or such part of the Project as to which there has been delay. In such
event,Augusta may take over the work and perform the same to completion, by contract
or otherwise, and Contractor shall be required to provide all copies of finished or
unfinished documents prepared by Contractor under this Contract to Augusta as stated
in Exhibit D, Project Deliverables".
(4) Contractor shall be entitled to receive compensation for any satisfactory work
completed on such documents as reasonably determined by Augusta.
(5) Whether or not the Contractor's right to proceed with the work has been terminated,
the Contractor shall be liable for any damage to Augusta resulting from the Contractor's
refusal or failure to complete the work within the specified time period, and said
damages shall include, but not be limited to, any additional costs associated with
Augusta obtaining the services of another Contractor to complete the project.
ARTICLE 15. TRMINATION FOR CONVENIENCE OF AUGUSTA
Notwithstanding any other provisions, Augusta may terminate this Contract for its convenience
at any time by a written notice to Contractor. If the Contract is terminated for convenience by
Augusta, as provided in this article, Contractor will be paid compensation for those services
actually performed. Partially completed tasks will be compensated for based on a signed
statement of completion to be submitted by Contractor which shall itemize each task element
and briefly state what work has been completed and what work remains to be done.
If, after termination, it is determined that the Contractor was not in default, or that the default
was excusable, the rights and obligations of the parties shall be the same as if the termination
had been issued for the convenience of the government.
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ARTICLE 18.WMVgR QF BREACH
The waiver by either party of a breach or violation of any provision of this Contract, shall not
operate or be construed to be, a waiver of any subsequent breach or violation of the same or
other provision thereof.
ARTICLE 17. INDEPENDENT CONTRACTOR
Contractor shall perform the services under this Contract as an independent contractor and
nothing contained herein shall be construed to be inconsistent with such relationship or status.
Nothing in this Contract shall be interpreted or construed to constitute Contractor or any of its
agents or employees to be the agent, employee or representative of Augusta.
ARTICLE 18. QROFESSIQNAL RESPONS BIL TY
Contractor represents that it has, or will secure at its own expenses, all personnel appropriate
to perform all work to be completed under this Contract;
All the services required hereunder will be performed by Contractor or under the direct
supervision of Contractor. All personnel engaged in the Project by Contractor shall be fully
qualified and shall be authorized or permitted under applicable State and local law to perform
such services.
None of the work or services covered by this Contract shall be transferred, assigned, or
subcontracted by Contractor without the prior written consent of Augusta.
ARTICLE 19. '.
Contractor will undertake the Project in cooperation with and in coordination with other studies,
projects or related work performed for, with or by Augusta's employees, appointed
committee(s) or other Contractors. Contractor shall fully cooperate with such other related
Contractors and Augusta employees or appointed committees. Contractor shall provide within
his schedule of work, time and effort to coordinate with other Contractors under contract with
Augusta. Contractor shall not commit or permit any act, which will interfere with the
performance of work by any other contractor or by Augusta employees. Contractor shall not be
liable or responsible for the delays of third parties not under its control nor affiliated with the
Contractor in any manner.
ARTICLE 20. p$CURACY OF WORK
Contractor shall be responsible for the accuracy of his work and shall promptly correct its
errors and omissions without additional compensation.Acceptance of the work by Augusta will
not relieve Contractor of the responsibility of subsequent corrections of any errors and the
clarification of any ambiguities. Contractor shall prepare any plans, report, fieldwork, or data
required by Augusta to correct its errors or omissions. The above consultation, clarification or
correction shall be made without added compensation to Contractor. Contractor shall give
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immediate attention to these changes so there will be a minimum of delay to others.
ARTICLE 21. )2EVIEWN OF iOei(
Authorized representatives of Augusta may at all reasonable times review and inspect Project
activities and data collected under this Contract and amendments thereto. All reports,
drawings, studies, specifications, estimates, maps and computations prepared by or for
Contractor, shall be available to authorized representatives of Augusta for inspection and
review at all reasonable times in the main office of Augusta. Acceptance shall not relieve
Contractor of its professional obligation to correct, at its expense, any of its errors in work,
Augusta may request at any time and Contractor shall produce progress prints or copies of any
work as performed under this Contract. Refusal by Contractor to submit progress reports
and/or plans shall be cause for Augusta, without any liability thereof, to withhold payment to
Contractor until Contractor complies with Augusta's request in this regard. Augusta's review
recommendations shall be incorporated into the plans by Contractor.
ARTICLE 22. 1NDENINIFIcAT!ON,
22.1 Professional Services Indemnificationt1, With respect to liability, damages, costs,
expenses (including reasonable attorney's fees and expenses incurred by any of them),
claims, suits and judgments that arise or are alleged to arise out of the Contractor's
acts, errors, or omissions in the performance of professional services, the Contractor shall
indemnify, release, and hold harmless Augusta, Georgia, its Commissioners and their
respective officers, members, employees and agents (each, hereinafter referred to as an
"Indemnified Person"), from and against liability, damages, costs, expenses (including
reasonable attorney's fees and expenses incurred by any of them), claims, suits and
judgments only to the extent such liability is caused by the Contractor in the delivery of the
Work under this Contract. This indemnification survives the termination of this Contract and
shall also survive the dissolution or to the extent allowed by law, the bankruptcy of
Contractor.
Contractor obligation to indemnify and hold harmless, as set forth hereinabove, shall also
include, but is not limited to, any matter arising out of any actual or alleged infringement of
any patent, trademark, copyright, or service mark, or other actual or alleged unfair competition
disparagement of product or service, or other tort or any type whatsoever, or any actual or
alleged violation of trade regulations.
Contractor further agrees to indemnify and hold harmless Augusta, Georgia, its
Commissioners, officers, employees, subcontractors, successors, assigns and agents from
and against any and all claims or liability for compensation under the Worker's Compensation
Act, Disability Benefits Act, or any other employee benefits act arising out of injuries sustained
by any employees of Contractor. These indemnities shall not be limited by reason of the listing
of any insurance coverage.
22.2 Notice of Claim. If an Indemnified Person receives written notice of any claim or
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circumstance which could give rise to indemnified losses, the receiving party shall promptly
give written notice to Contractor, and shall use best efforts to deliver such written
notice within ten (10) Business Days. The notice must include a copy of such written
notice of claim, or, if the Indemnified Person did not receive a written notice of claim,
a description of the indemnification event in reasonable detail and the basis on which
indemnification may be due. Such notice will not stop or prevent an Indemnified Person
from later asserting a different basis for indemnification. If an Indemnified Person does
not provide this notice within the ten (10) Business Day period, it does not waive any right
to indemnification except to the extent that Contractor is prejudiced, 'suffers loss, or incurs
additional expense solely because of the delay.
22.3 Defense_Contractor, at Contractor's own expense, shall defend each such action, suit,
or proceeding or cause the same to be resisted and defended by counsel designated by
the Indemnified Person and reasonably approved by Contractor (provided that in all instances
the General Counsel of Augusta,Georgia shall be acceptable,and,for the avoidance of doubt,
is the only counsel authorized, either to represent Augusta, or designate legal counsel for this
purpose). If any such action, suit or proceedings should result in final judgment against the
Indemnified Person, Contractor shall promptly satisfy and discharge such judgment or cause
such judgment to be promptly satisfied and discharged. Within ten (10) Business Days after
receiving written notice of the indemnification request, Contractor shall acknowledge in
writing delivered to the Indemnified Person (with a copy to the General Counsel of Augusta,
Georgia) that Contractor is defending the claim as required hereunder.
22.4 Separate Counsel.
22.4.1 Man datory _Separate Counsel. In the event that there is any potential conflict of
interest that could reasonably arise in the representation of any Indemnified Person and
Contractor in the defense of any action, suit or proceeding pursuant to Section 22.3 above
or in the event that state or local law requires the use of specific counsel, (i) such
Indemnified Person may elect in its sole and absolute discretion whether to waive such conflict
of interest, and (ii) unless such Indemnified Person (and, as applicable, Contractor) elects to
waive such conflict of interest, or in any event if required by state or local law,then the counsel
designated by the Indemnified Person shall solely represent such Indemnified Person and,
if applicable, Contractor shall retain its own separate counsel, each at Contractor's sole cost
and expense.
22.4.2 Voluntary Senaraie Corel Notwithstanding Contractor's obligation to defend,
where applicable pursuant to Section 22.3, a claim, the Indemnified Person may retain
separate counsel to participate in (but not control or impair) the defense and to
participate in (but not control or impair) any settlement negotiations, provided that for so long
as Contractor has complied with all of Contractor's obligations with respect to such claim,
the cost of such separate counsel shall be at the sole cost and expense of such
Indemnified Person (provided that if Contractor has not complied with all of Contractor's
obligations with respect to such claim, Contractor shall be obligated to pay the cost and
expense of such separate counsel). Contractor may settle the claim without the consent
or agreement of the Indemnified Person, unless the settlement (i) would result in injunctive
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relief or other equitable remedies or otherwise require the Indemnified Person to comply
with restrictions or limitations that adversely affect or materially impair the reputation and
standing of the Indemnified Person, (ii) would require the Indemnified Person to pay
amounts that Contractor or its insurer does not fund in full, (iii) would not result in the
Indemnified Person's full and complete release from all liability to the plaintiffs or claimants
who are parties to or otherwise bound by the settlement, or(iv) directly involves Augusta (in
which case Augusta, Georgia shall be the only counsel authorized to represent Augusta With
respect to any such settlement).
22.5 Survival. The provisions of this Article will survive any expiration or earlier termination
of this Contract and any closing, settlement or other similar event which occurs under this
Contract.
ARTICLE 23. CONFIDkNTIALITY
Contractor agrees that its conclusions and any reports are for the confidential information of
Augusta and that it will not disclose its conclusions in whole or in part to any persons
whatsoever, other than to submit its written documentation to Augusta, and will only discuss the
same with it or its authorized representatives, except as required under this Contract to
provide information to the public. Upon completion of this Contract term, all documents,
reports, maps, data and studies prepared by Contractor pursuant thereto and any equipment
paid for by Augusta as a result of this Contract, shall become the property of Augusta and be
delivered to the Richmond County State Court.
Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses,
or results and findings of the work conducted under this Contract shall not be presented
publicly or published without prior approval in writing of Augusta.
It is further agreed that if any information concerning the Project, its conduct results, or data
gathered or processed should be released by Contractor without prior approval from Augusta,
the release of the same shall constitute grounds for termination of•this Contract without
indemnity to Contractor, but should any such information be released by Augusta or by
Contractor with such prior written approval, the same shall be regarded as Public information
and no longer subject to the restrictions of this Contract.
ARTICLE 24. OWNERSHIP OF INTELLECTUAL PROPERTY AND INFORMATION
Contractor agrees that Augusta, Georgia is the sole owner of all information, data, and
materials that are developed or prepared subject to this Contract. Contractor or any sub-
contractor is not allowed to use or sell any information subject to this contract for educational,
publication, profit, research or any other purpose without the written and authorized consent of
Augusta. All electronic files used in connection to this Contract, which are by definition, any
custom software files used in connection to this Contract, (collectively, the "Software"),
shall be turned over to Augusta for its use after termination hereof and Contractor shall
have no interest of any kind in such electronic files. Any required licenses and fees for the
Software or other required materials shall be purchased and/or paid for by Contractor and
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registered in the name of Augusta, if possible. The Software as defined hereunder, specifically
excludes all software, documentation, information, and materials in which Contractor has pre-
existing proprietary rights and/or has otherwise been licensed to Contractor prior to this
Contract, and any upgrades, updates, modifications or enhancements thereto. Contractor
agrees to provide at no cost to Augusta any upgrades to any software used in connection
with this Contract which may be subsequently developed or upgraded for a period of three (3)
years from the date of completion of the work under the Contract, except in the case of
commercial Software licensed to Augusta.Any Information developed for use in connection with
this Contract may be released as public domain information by Augusta at its sole discretion.
ARTICLE 25. • N_N • .i ,
Contractor warrants that no person or selling agency has been employed or retained to solicit
or secure this Contract upon an agreement or understanding for a commission, percentage,
brokerage or contingent fee, excepting bona fide employees maintained by Contractor for the
purpose of securing business and that Contractor has not received any non Augusta fee
related to this Contract without the prior written consent of Augusta. For breach or violation of
this warranty, Augusta shall have the right to annul this Contract without liability or at its
discretion to deduct from the Contract Price or consideration the full amount of such
commission, percentage, brokerage or contingent fee.
ARTICLE 26. JNSURANCE
Contractor agrees to obtain and maintain during the entire term of this Contract, all of the
insurance required as specified in the Contract documents, Exhibit H, Insurance and Risk
Management Forms, with Augusta as an additional insured and shall furnish Augusta a
Certificate of Insurance showing the required coverage. The cancellation of any policy of
insurance required by this Contract shall meet the requirements of notice under the laws of the
State of Georgia as presently set forth in the Georgia Code.
ARTICLE 27. Pl3QHIBITEp INTEREST
Section 27.01 Qonflict of interest:
Contractor agrees that it presently has no interest and shall acquire no interest direct or
indirect that would conflict in any manner or degree with the performance of its service
hereunder. Contractor further agrees that, in the performance of the Contract, no person
having any such interest shall be employed.
Section 27.02 Interest of Public Officials;
No member, officer or employee of Augusta during his tenure shall have any interest, direct
or indirect, in this Contract or the proceeds thereof.
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 15 of 180
ARTICLE 28. SUBCONTRACTING
Contractor shall not subcontract any part of the work covered by this Contract or permit
subcontracted work to be further subcontracted without prior written approval of Augusta.
ARTICLE 29. ASSIGN BILITY
Contractor shall not assign or subcontract this Contract or any portion thereof without the
prior expressed written consent of Augusta. Any attempted assignment or subcontracting by
Contractor without the prior expressed written consent of Augusta shall at Augusta's sole option
terminate this Contract without any notice to Contractor of such termination. Contractor
binds itself, its successors, assigns, and legal representatives of such other party in respect to
all covenants, agreements and obligations contained herein.
ARTICLE 30. AUDITS-AND INSPECTORS
At any time during normal business hours and as often as Augustamay deem necessary,
Contractor shall make available to Augusta and/or representatives of Augusta for
examination all of its records with respect to all matters covered by this Contract.
It shall also permit Augusta and/or representative of Augusta to audit, examine and make
copies, excerpts or transcripts from such records of personnel, conditions of employment and
other data relating to all matters covered by this Contract. Contractor's records of personnel,
conditions of employment, and financial statements (hereinafter "Information") constitute trade
secrets and are considered confidential and proprietary by Contractor. To the extent Augusta
audits or examines such Information related to this Contract, Augusta shall not disclose or
otherwise make available to third parties any such Information without Contractor's prior written
consent unless required to do so by a court order. Nothing in this Contract shall be construed
as granting Augusta any right to make copies, excerpts or transcripts of such information
outside the area covered by this Contract without the prior written consent of Contractor.
Contractor shall maintain all books, documents, papers, accounting records and other
evidence pertaining to costs incurred on the Project and used in support of its proposal and
shall make such material available at all reasonable times during the period of the
Contract and for eight years from the date of final payment under the Contract, for
inspection by Augusta or any reviewing agencies and copies thereof shall be furnished upon
request and at no additional cost to Augusta. Contractor agrees that the provisions of this
Article shall be included in any Contracts it may make with any sub-contractor, assignee or
transferee.
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 16 of 180
ARTICLE 31. AC_,GQUNTING SYST M
Contractor shall have an accounting system, which is established, and maintaining in
accordance with generally accepted accounting principles. Contractor must account for cost in
a manner consistent with generally accepted accounting procedures, as approved by Augusta,
Georgia.
ARTICLE 32. VERBAL AGREEMENT
No verbal agreement or conversation with any officer, agent or employee of Augusta
either before, during or after the execution of this Contract, shall affect or modify any of the
terms
of obligations herein contained, nor shall such verbal agreement or conversation entitle
Contractor to any additional payment whatsoever under the terms of this Contract. All
changes to this shall be in writing and the form of a change order in supplemental agreement,
approved by Augusta, and entered on the Minutes of the Board of Commissioners.
ARTICLE 33. NOTICES
All notices shall be in writing and delivered in person or transmitted by certified mail, postage
prepaid.
Notice to Augusta, shall be addressed as follows:
Augusta Procurement Department Director
535 Greene Street Suite 605
Augusta, Georgia 30901
Telephone: (706) 821-2422
Email: procbidandcontract as auqustaga.gov
Attention: Geri A. Sams
With a copy to:
Augusta Law Department
General Counsel
535 Telfair Street Bldg 3000
Augusta,Georgia 30901
Telephone: (706) 842-5550
Email: amackenziec auausta9a.aov
Attention: Andrew G. MacKenzie
Notices to Contractor shall be addressed as follows:
CSRA Probation Services, Inc.
802D Oakhurst Drive
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 17 of 180
Evans, GA 30809
Telephone: (706)210-7071
Email: mpopplewellc csraprobatiorr.com
Attention: Michael Popplewell
ARTICLE 35. JURISDICTION
This Contract will be executed and implemented in Augusta, Georgia. Further, this Contract
shall be administered and interpreted under the laws of the State of Georgia. Jurisdiction of
litigation arising from this Contract shall be in the Augusta, Georgia Superior Courts. If any part
of this Contract is found to be in conflict with applicable laws, such part shall be inoperative,
null and void insofar as it is in conflict with said laws,but the remainder of this Contract shall be
in full force and effect.
Whenever reference is made in the Contract to standards or codes in accordance with
which work is to be performed, the edition or revision of the standards or codes current on the
effective date of this Contract shall apply, unless otherwise expressly stated.
ARTICLE 36. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Contract, Contractor agrees as follows:
Section 36.01 Contractor will not discriminate against any employee or applicant for
employment because of race, creed,color, sex or national origin;
Section 36.02 Contractor will, in all solicitations or advertisements for employees placed by, or
on behalf of, Contractor state that all qualified applicants, will receive consideration for
employment without regard to race, creed, color, sex or national origin;
Section 36.03 Contractor will cause the foregoing provisions to be inserted in all subcontracts
for any work covered by the Contract so that such provision will be binding upon each sub-
Contractor, provided that the foregoing provisions shall not apply to contracts or subcontracts
for standard commercial supplies or raw materials.
ARTICLE 37. FORCE MAJEURE
Neither Augusta nor Contractor shall be deemed in violation of this Contract if either is
prevented from performing its obligations hereunder for any reason beyond its control,
including but not limited to acts of God, civil or military authority,act of public enemy, accidents,
fires, explosions, earthquakes, floods or catastrophic failures of public transportation,
provided however, that nothing herein shall relieve or be construed to relieve Contractor from
performing its obligations hereunder in the event of riots, rebellions or legal strikes.
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 18 of 180
ARTICLE 38. OPEN RECORDS AST
The Georgia Open Records Act, O.C.G.A. Section 50-18-70 et seq., applies to this Contract.
The Contractor acknowledges that any documents or computerized data provided to Augusta
by the Contractor may be subject to release to the public. The Contractor also
acknowledges that documents and computerized data created or held by the Contractor in
relation to the Contract may be subject to release to the public, to include documents turned
over to Augusta. The Contractor shall cooperate with and provide assistance to Augusta
in rapidly responding to Open Records Act requests. The Contractor shall notify Augusta of
any Open Records Act requests no later than 24 hours following receipt of any such requests
by the Contractor. The Contractor shall promptly comply with the instructions or requests of
Augusta in relation to responding to Open Records Act requests.
ARTICLE 39. • :A • -' • - _,AN A U:ANC • - p; •1,
MADE IN RESPQNSE TO PROCUREMENT
Where the procurement documents do not place a degree or level of service relating to the
scope of work or any other matter relating to the services being procured, should any
Contractor submit a response to Augusta promising to provide a certain level of service
for the scope of work or any other matter, including where such promises or assurances
are greater than what is required by the procurement documents, and should this response
containing these promises or assurances be accepted by Augusta and made a part of the
Contract Documents, then the degree or level of service promised relating to the scope of
work or other matter shall be considered to be a material part of the Contract between the
Contractor and Augusta, such that the Contractor's failure to provide the agreed upon
degree or level of service or participation shall be a material breach of the Contract giving
Augusta just cause to terminate the Contract for cause,pursuant to ARTICLE 14 of the Contract.
ARTICLE 40. Ia(OICING AND PAYME T
Contractor shall submit monthly invoices for work performed during the previous calendar
month, in a form acceptable to Augusta and accompanied by all support documentation
requested by Augusta,for payment and for services that were completed during the preceding
phase, Augusta shall review for approval of said invoices. Augusta shall have the right not to
pay any invoice or part thereof if not properly supported, or if the costs requested or a
part thereof, as determined by Augusta, are reasonably in excess of the actual stage of
completion.
Time of Payment: Augusta shall make payments to Contractor within thirty (30) days after
receipt of a proper invoice. Parties hereto expressly agree that the above contract term shall
supersede the rates of interest, payment periods, and contract and subcontract terms
provided for under the Georgia Prompt Pay Act, O.C,GA. 13-11-1 et seq., pursuant to 13-11-
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 19 of 180
7(b), and the rates of interest, payment periods, and contract and subcontract terms provided
for under the Prompt Pay Act shall have no application to this Contract; parties further agree
that Augusta shall not be liable for any interest or penalty arising from late payments.
Submittal of Invoices: Invoices shall be submitted as follows:
Via Mail:
Augusta, Georgia
Accounting Department
535 Telfair Street—Suite 800
Augusta, Georgia 30901
Attn: Finance Department—Accounts Payable
(706)821-2336
At minimum, original invoices must reference all of the following information:
1) Vendor Information
a. Vendor Name
b. Vendor Address
c. Vendor Code
d. Vendor Contact Information
e. Remittance Address
2) Invoice Details
a Invoice Date
b. Invoice Number(uniquely numbered, no duplicates)
c. Purchase Order Reference Number
d. Date(s)of Services Performed
e. Itemization of Services Provided/Commodity Units
Contractor's cumulative invoices shall not exceed the total not-to-exceed fee established for
this Contract.
Augusta's Right to Withhold Payments: Augusta may withhold payments, not to exceed
the total of two months'fees of the applicable SOW, for services that involve disputed costs,
involve disputed audits, or are otherwise performed in an inadequate fashion. Payments
withheld by Augusta will be released and paid to the Contractor when the services are
subsequently performed adequately and on a timely basis, the causes for disputes are
reconciled or any other remedies or actions stipulated by Augusta are satisfied. If there is a
good faith dispute regarding a portion of an invoice, Contractor will notify Augusta and detail
the dispute before the invoice date. Augusta shall promptly pay any undisputed items
contained in such invoices. Upon resolution of the dispute, any disputed amounts owed to
Contractor will be promptly paid by City
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 20 of 180
Payment of Sub-contractor: The Contractor must certify in writing that all sub-contractors
of the Contractor have been promptly paid for work and materials and previous progress
payments received. In the event the prime Contractor is unable to pay sub-contractors until
it has received a progress payment from Augusta, Georgia, the prime Contractor shall pay
all sub-contractors funds due from said progress payments within forty-eight (48) hours of
receipt of payment from Augusta, Georgia and in no event later than fifteen (15) days as
provided for by State Law.
Acceptance of Payments by Contractor; Release. The acceptance by the Contractor of
any payment for services underA this Contract will, in each instance, operate as, and be a
release to Augusta from, all claim and liability to the Contractor for work performed or
furnished for or relating to the service for which payment was accepted, unless the Contractor
within five (5)days of its receipt of a payment, advises Augusta in writing of a specific claim it
contends is not released by that payment.
ARTICLE 41. Leal
The Contractor shall pay all sales, retail, occupational, service, excise, old age benefit and
unemployment compensation taxes, consumer, use and other Similar taxes, as well as any
other taxes or duties on the materials, equipment, and labor for the work provided by the
Contractor which are legally enacted by any municipal, city, state or federal authority,
department or agency at the time bids are received, whether or not yet effective. The Contractor
shall maintain records pertaining to such taxes as well as payment thereof and shall make
the same available to Augusta at all reasonable times for inspection and copying. The
Contractor shall apply for any and all tax exemptions which may be applicable and shall timely
request from Augusta such documents and information as may be necessary to obtain such
tax exemptions. Augusta shall have no liability to the Contractor for payment of any tax from
which it is exempt.
ARTICLE 42. PERMITS,LICENSES AND BONDS
... ...........
All permits and licenses necessary for the work shall be secured and paid for by the Contractor.
If any permit, license or certificate expires or is revoked, terminated, or suspended as a
result of any action on the part of the Contractor, the Contractor shall not be entitled to
additional compensation or time.
ARTICLE 43, NQN-APPROPRIATION
This Contract states the total obligation of Augusta to the Contractor for the calendar
year of execution. Notwithstanding anything contained in this Contract, the obligation of
Augusta to make payments provided under this Contract shall be subject to annual
appropriations of funds thereof by the governing body of Augusta and such obligation shall
not constitute a pledge of the full faith and credit of Augusta within the meaning of any
constitutional debt limitation. The Director of Finance shall deliver written notice to the
Contractor in the event Augusta does not intend to budget funds for the succeeding Contract
year.
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 21 of 180
Notwithstanding anything contained in this Contract, if sufficient funds have not been
appropriated to support continuation of this Contract for an additional calendar year or an
additional term of the Contract, this Contract.shall terminate absolutely and without further
obligation on the part of Augusta at the close of the calendar year of its execution and at
the close of each succeeding calendar year of which it may be renewed, unless a shorter
termination period is provided or Augusta suspends performance pending the appropriation of
funds.
ARTICLE 44.WAGE CLAUSE
Contractor shall agree that in the performance of this Contract the Contractor will comply with
all lawful agreements, if any, which the Contractor had made with any association, union, or
other entity, with respect to wages, salaries, and working conditions, so as not to cause
inconvenience, picketing, or work stoppage.
IN WITNESS THEREOF, the Parties hereto have caused this Contract to be executed by their
duly authorized representatives as attested and witnessed and their corporate seals to be
hereunto affixed as of the day and year date first above written.
OWNER: CONTRACTOR:
AUGUSTA, GEORGIA CSRA PROBATION SERVICES,
INC. ' -i
� � o
Hardie Davis, Jr. . Michael Popplew
fM President
5
T: dM ATTEST:
` i6L4.-r-'6/
ena =4lir ?-• • •A • —Secretary
c.� n • Assistant Secretary _ ti r,
ffix • - - -~' •;'.r (Affix Corporate Seal) ''
PP' 40
•VE►' iii +: ,� = : '' ,{' i. i
`J 0 .I, 101.1h., .
General CI n l1 ' )0'-')
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 22 of 180
ADDENDA
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 23 of 180
Ci Es°; O R GI A a
4%2 840i ANA MAILED/E-MAILED
TO: All Vendors
Nancy Williams, Quality Assurance Analyst
Judge Watkins, State Court
FROM: Geri Sams / 712 -
Procurement'Director
DATE: February 13,2019
SUBJ: Clarifications to the Specifications
RFP ITEM: RFP Item 19-180 Misdemeanor Probation Supervision Services Augusta,
GA for State Court
BID OPENING DATE: Wednesday, February 20, 2019 @ 11:00 a.m.
ADDENDUM 1
Respondents on this project are hereby notified that this Addendum shall be attached to and made part
of the above-named RFP Package_ The changes and clarifications shall supplement the contract
documents for the above referenced project. Changes shown in this document shall supersede
previously dated contract documents. Acknowledge receipt of all Addendums on The
Responsiveness Checklist that is attached.
Clarifications to the Specifications:
When you are instructed to ADD, DELETE, or MAKE CHANGES to AN ITEM PAGE OR PAGES,
these additions, deletions,or changes MUST be made on the RFP item pages you submit with your
responding proposal, whether handwritten or computer generated.
• Please remove the previous Responsiveness Checklist in the specifications and replace
with the revised Responsiveness Checklist attached to this Addendum One(1).
• Section 3.6 Technical Proposal Format and Content—Section 5-Personnel:
Delete the entire paragraph of Section 5 and replace with:
Provide a proposed organizational chart and staffing plan, indicating organizational structure,
number of management, staff employee positions by division, full-time or part-time status of
each employee, salary, and benefit schedules for each employee classification. The staffing
plan should describe the skills and experience required of each of the employees, and the
overall training program that will be implemented to insure that all personnel meet satisfactory
standards of knowledge. The plan must also address strategies that will be adopted for
recruitment and retention of Augusta, Georgia employees_ All present Probation
Service personnel will be retained for a minimum of two (2) years unless otherwise
dismissed for rules and/or policy violations. The plan must also include a work schedule
for key managers to ensure that there are a sufficient number of key managers on property
during AM and PM peak periods including AM and PM pull out.
Room 605- 535 Telfair Street,Augusta Georgia 30901
(706)821-2422-Fax(706)821-2811 fral
a= $. Scan this OR code with your
}jam smartphone or camera equipped
Register at www.demandstar.corn/supnlier for automatic bid notification tabletto visit the Augusta,Georgia
2
Addendum 1 RFP Item 919.100 Misdemeanor Probation Supervision Services
Parte 1 of 2
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 24 of 180
• Article 11.—Personnel and Equipment: Delete the entire 4th paragraph of Article 11 and
replace with:
Contractor shall provide a proposed organizational chart and staffing plan, indicating
organizational structure, number of management, staff employee positions by division, full-
time or part-time status of each employee,salary, and benefit schedules for each employee
classification. The staffing plan should describe the skills and experience required of each of
the employees, and the overall training program that will be implemented to insure that all
personnel meet satisfactory standards of knowledge. The plan must also address
strategies that will be adopted for recruitment and retention of Augusta, Georgia
employees. All present Probation Service personnel will be retained for a minimum of
two (2) years unless otherwise dismissed for rules and/or policy violations. The plan
must also include a work schedule for key managers to ensure that there are a sufficient
number of key managers on property during AM and PM peak periods including AM and PM
pull out.
Please acknowledge addendum in your submittal on the Responsiveness Checklist
END ADDENDUM
ATTACHMENTS:Responsiveness Checklist Exhibit 1(2 Pages)
Sign In Sheet from the Mandatory Pne•Proposal Conference(2 Pages)
Telephone Conference Sign in Sheet(1 Page)
Addendum 1 RFP Nen 111S-18e Misdemeanor Probation Supervision Services
Pane 2of2
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 25 of 180
RESPONSIVENESS CHECKLIST EXHIBIT 1
Proposer Name:
#19-180 Misdemeanor Probation Supervision Services
E-Verity Number:
A complete proposal package wiN consist of the items identified below. Proposers must complete
this checklist to confirm the items are included in the proposal, and return this checklist with the
proposal package. Place a check mark or "X" next to each item that is being submitted with the
proposal: For the proposal to be responsive,all required attachments must be returned.
Proposer Augusta
Proposer Rep uirements Completed Completed
1. One(1)hard-copy of Proposal marked'Original",and five(5) ❑ 0
copies of CD's or Thumb-drives
2. *Form k Georgia Security and Immigration Contractor ❑ 0
Affidavit(s)and Contracts
Note: if prime contractor is a joint venture,partnership,or LLC,
each member of the entity must submit an affidavit
3. Form B: Georgia Security and Immigration Subcontractor 0 0
Affidavit(s)
4. Technical Proposal ❑ 0
5. Cost Proposal(submitted in a separate sealed envelope) 0 0
The cost Proposal Shall include a proposed wage rates for EVERY
employee position listed in the proposal including starting rates for
new employees,and average hourly rates per year.
6. Financial Information (Submitted in a separate sealed envelope) 0 0
7. Acknowledgement of each Addendum 1, ,2 ,3 .4_ 0 0
5 . 6, , 7
8. Procurement Forms 0 0
O Form C: Disclosure Form&Questionnaire
O Form D: Professional License
O Form E: Local Preference Affidavit of Bidder/Offeror
9. Office of Contract Compliance Requirements(separate 0 0
envelope)
(MUST BE INCLUDED WITH YOUR SUBMITTAL—PAGE 1 OF 2)
RFP 19-180
Addendum 1 Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 26 of 180
10. Evidence of Insurability, proposer must submit one(1)of the 0 0
following:
O Letter from Insurance carrier
O Certificate of Insurance
O An umbrella policy In excess of required limits for the this
project
11. Verify that Proposer Is registered wlGeorgia Secretary of State 0 0
and attach a copy of print out to this form
12. Verify Georgia Utility License Number and attach a copy of print 0 0
out for each Proposer(If applicable)
13. Verify Professional License and attach a copy of the print out for 0 0
each Proposer(If applicable)
14. Verify if Proposer submitted Contract Exceptions. Wyss, 0 0
Procurement Director please forward a copy of the
Contract Exceptions to the Procurement Director
immediately
a
15. Provide a proposed organizational chart and staffing plan, indicati -.iorganizational structure, number of management, staff employee position 0 0
by division,full-time or part-time status of each employee,salary,and benefi
schedules for each employee classification. The staffing plan show
describe the skills and experience required of each of the employees, an
the overall training program that will be implemented to insure that al
personnel meet satisfactory standards of knowledge. The plan must als
address strategies that will be adopted for recruitment and retention o
• Augusta,Georgia employees.The plan must also include a work schedul
for key managers to ensure that there are a sufficient number of key
managers on property during AM and PM peak periods including AM and
PM pull out.All present Probation Service personnel will be retained for
a minimum of two(2)years unless otherwise dismissed for rules and/or
oolicv violations,
(MUST BE INCLUDED WITH YOUR SUBMITTAL—PAGE 2 OF 2)
RFP 15180
Addendum 1 Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 27 of 180
Mandatory Pre-Proposal Conference Sign-In-Sheet
RFP Item#19-180 Misdemeanor Probation Supervision Services
For Augusta,GA-State Court
Friday,February 8,2019, C3:00 p.m.
PLEASE PRINT
NAME COMPANY/DEPT.
ADDRESS/CITY/STATE/Y/STATE/ TELEPHONE FAX NUMBER EMAIL Ptime/Snb
ZIP CODE NUMBER •
1. Darrell White Procurement 535 Telfair Street, 706-821-2423 706-821-2811 procbidandcontract
Suite 605 @augustaga.gov
Augusta,GA 30901
L Tabitha Daniels Procurement 535 Telfair Street, 706-821-4251 706-821-2811 procbidandcontractcafroisli,&
Suite 605
,rir Augusta,GA 30901 @augustaga.gov
3. Nancy Williams Procurement 535 Telfair Street, 706-821-2888 706-821-2811 procbidandcontract
Suite 605 @augustaga.gov
Au3usta,GA 30901
4. Tywannr Ptocureo»t 535 Telfair Street, 706-821-2355 706-821-2811 procbidandcontract
/ Suite 605 @augostaga.gov
-4.111.1911rPrein.
,! Augusta,GA 30901
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Addendum 1 RPP Item 519-1S0 Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 28 of 180
Mandatory Pre-Proposal Conference Sign-In-Sheet
RFP Item 019.180 Misdemeanor Probation Supervision Services
For Augusta,GA-State Court
Friday,February 8,2019,a 3:00 p.m.
PLEASE PRINT
NAME COMPANY/DEPT.C ADDRESS/C17Y/STATE/ TELEPHONE FAX NUMBERR ((
['EMAIL ;Prtm.BrD
B.
ODE NUMBER
ZIP C°:.4
5 TC f yrs r's' cS ,
Ltu re 5a.d.i wipil°a.+2C e ...._, itteafr.taii Ateor; 706 'BtJ Vi1rI ;.4.4,).-eni ✓
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CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 29 of 180
Augusta Georgia
RFP Semi!1S-1110 Misdemeanor Probation Supervision Services for Augusta,GA-State Court I n4 n rte
February 8,2019 at 3 pmET
Generated 8y:J.Santiago
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1 John Prescott 1SauOwast Correction 40441025481990 smelts BLVD DeloutI GA 30097 Suite 3000 Delouth,GA 30097 Suite 3000 17086140392
2 Laude Shoensuss Southeast Correction 770339.82831960 Satelte BLVD Delouth,GA 30097 Suite 3000 Ishoensusseisecomectons.00m 17709623000
3'Michelle Autry Southeast Correction 40441025461960 Salelte BLVD Dsiouth,GA 30097 Suite 3000 michelleauuy econnedions.com 16782271671
Tabatha Daniels Speaker
Addendum 1 RFP Ilene 0194110 Misdemeanor Probeeon Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 30 of 180
P.—
a OROIAs
EXHIBIT A
GENERAL REQUIREMENTS
A, GENERAL REQUIREMENTS Proposals may be withdrawn upon receipt of a written request
prior to the stated due date and time. If a firm seeks to withdraw a proposal after the due
date and time, the firm must present a notarized statement indicating that an error was
made, with an explanation of how it occurred. The withdrawal request must be
accompanied by documentation supporting the claim. Prior to approving or disapproving
the request, an opinion will be obtained from Augusta, Georgia 's Legal Counsel indicating
whether the firm is bound by its proposal. Proposals submitted are not publicly available until
after award by the City of Augusta. All proposals and supporting materials as well as
correspondence relating to this RFP become property of the City of Augusta when received.
The City of Augusta is subject to the open records law and all information submitted in
proposals will be available to others upon request.
Proposals for projects that are solicited pursuant to the Georgia Local Government
Public Works Construction Law (O.C.G.A. § 36-91-1 et seq.) may be withdrawn as
follows:
Augusta must advise Offerors in the request for proposals of the number of days
that Offerors will be required to honor their proposals. If an Offeror is not selected within
90 days of opening the proposals, any Offeror that is determined by the governmental
entity to be unlikely of being selected for contract award will be released from the
proposal.
Augusta, Georgia shall be the sole judge of the quality and the applicability of all proposals.
Design,features, overall quality, local facilities, terms and other pertinent considerations will
be taken into account in determining acceptability.
The successful Offeror must assume full responsibility for delivery of all goods and services
proposed.
The successful Offeror must assume full responsibility for replacement of all defective or
damaged goods and/or performance of contracted services within thirty (30) days' notice
by Augusta of such defect, damage or deficiency.The successful Offeror must assume full
responsibility for providing warranty service on all goods, materials, or equipment provided
to Augusta with warranty coverage. Should a vendor be other than the manufacturer, the
vendor and not Augusta is responsible for contacting the manufacturer. The Offeror is solely
responsible for arranging for the service to be performed.
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 31 of 180
B. The successful Offeror shall be responsible for the proper training and certification of
personnel used in the performance of the services proposed.
C. The successful Offeror shall not assign, transfer, convey, sublet, or otherwise dispose of any
contract resulting from the RFP or of any of its rights, title or interest therein without prior
written consent of the Augusta, Georgia Board of Commissioners.
D. In case of default by the successful Offeror, Augusta, Georgia may procure the articles or
services from another source and hold the successful Vendor responsible for any resultant
excess cost.
E. All proposals and bids submitted to Augusta, Georgia are subject to the Georgia "Open
Records Act", Official Code of Georgia, Annotated (O.C.G.A.) § 50-18-70 et seq.
F. All proposals and bids submitted to Augusta, Georgia involving Utility Contracting are subject
to the Georgia law governing licensing of Utility Contractors, O.C.G.A. §43-14-8.2(h).
EXHIBIT A
GENERAL REQUIREMENTS
Page 2
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 32 of 180
EXHIBIT B
SPECIAL CONDITIONS
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 33 of 180
SPECIAL CONDITIONS
Provide a proposed organizational chart and staffing plan, indicating organizational
structure, number of management, staff employee positions by division, full-time or part-
time status of each employee, salary, and benefit schedules for each employee
classification. The staffing plan should describe the skills and experience required of
each of the employees, and the overall training program that will be implemented to
insure that all personnel meet satisfactory standards of knowledge. The plan must also
address strategies that will be adopted for recruitment and retention of Augusta,
Georgia employees. All present Probation Service personnel will be retained for a
minimum of two (2) years unless otherwise dismissed for rules and/or policy
violations.The plan must also include a work schedule for key managers to ensure that
there are a sufficient number of key managers on property during AM and PM peak
periods including AM and PM pull out.
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 34 of 180
Augusta Office
Proposed Organization Chart
Misdemeanor Probation Services
For
State Court and Magistrate Court
Pay Rate(w/o
Position Staffing Location benefits)
*Office Manager(Interim) From Augusta-Richmond County $58,037.00
Assistant Office Manager(Transition Manager) From CSRA Probation Services $35,000.00
*Senior Probation Officer(Over supervision services) From Augusta-Richmond County $42,630.00
Probation Officer From CSRA Probation Services $27,000.00
Probation Officer From CSRA Probation Services $27,000.00
Probation Officer From CSRA Probation Services $27,000.00
Probation Officer New Hire $24,960.00
Probation Officer New Hire $24,960.00
Probation Officer New Hire $24,960.00
Probation Officer New Hire $24,960.00
Probation Officer New Hire $24,960.00
Probation Officer New Hire $24,960.00
*Probation Officer(Over Pay-Only cases) From Augusta-Richmond County $36,368.00
Probation Officer New Hire $24,960.00
Probation Officer New Hire $24,960.00
Probation Officer New Hire $24,960.00
*Senior Probation Officer(Over expired close-outs) From Augusta-Richmond County $42,630.00
*Probation Officer From Augusta-Richmond County $36,368.00
Probation Officer From CSRA Probation Services $27,000.00
*Probation Officer(Over court team) From Augusta-Richmond County $35,204.00
Court Officer New Hire $24,960.00
Court Officer New Hire $24,960.00
Court Officer New Hire $24,960.00
*Administrative Services Director From Augusta-Richmond County $36,058.00
Accounting Clerk New Hire $20,800.00
Data Entry Clerk New Hire $20,800.00
*Senior Probation Officer(Programs Manager) From Augusta-Richmond County $48,984.00
Total Estimated Salaries (Excluding Benefits) $820,399.00
Total staff projected: 27(8 from Augusta-Richmond County/5 from CSRA Probation Services/14 New Hires)
*Denotes current Augusta-Richmond County staff to be retained by CSRA Probation Services,Inc.
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 35 of 180
EXHIBIT C.
SCOPE OF WORK
The Contractor shall provide the following probation services and programs for the Magistrate
Court of Richmond County, Georgia and the State Court of Richmond County, Georgia to-wit:
A. Comply with the uniform contract standards (O.C.G.A.42-8-107)and all
standards and qualifications and as set forth by the Misdemeanor Probation Oversight
Unit.
B. Staff Qualifications for probation officers will meet or exceed uniform professional
standards set forth in O.C.G.A. 42-8-107.Staff qualifications for administrative, intern, or
volunteer staff will meet or exceed the requirements set forth in Department of Community
Supervision Board Rule 105-2-.09.
C. Criminal records checks will be completed on all staff as set forth in O.C.G.A.
35-3-34.
D. All newly hired probation officers will receive a 40-hour initial orientation and all probation
officers will receive 20 hours annual in-service continuing education. (Probation/Parole
officers who have previously completed a basic course of training certified by the Georgia
Peace Officers Standards and Training Council or private probation officers employed by a
private probation company for at least six months as of July 1, 1996, are exempt from the
40-hour initial orientation).
All newly hired administrative employee, agents, interns, or volunteers will complete a 16-
hour initial orientation program within 6 months of appointment and 8 hours annual in-
service continuing education training program.
E. Maintain individual files for each offender participating in the Contractor's
programs. The files will be maintained in a secured area, in a locked file cabinet
or safe.
F. Provide timely and prompt reports as are, or may be, required by the Court during
the period of the contract which include but are not limited to statistical reports,
caseload data, and other records documenting the types of program services
provided and the identity of the offenders receiving such services.
G. Make fiscal and program records available within ten (10)working days for
review of procedures and the maintaining of financial records reflective of good
business practices.
H. Bill the offender for program services provided on such forms and in such manner to
conform to acceptable business practices. The accuracy of billing is to be confirmed by
providing a copy of the services and attending costs to the offender.
Current program services/costs are outlined in Exhibit A, Cost/Fee Schedule.
Submit monthly reports to the Court and City on the amount of Court fines, costs and
restitution Court ordered and collected from the Offender. The report shall include the
services being provided,the total dollar amount applied to Court
ordered fines, restitution, and other conviction related costs. The monthly reports
shall be provided to the Court and City by the tenth (10th)day of the
following month.
J. Tender all Court fines, costs and restitution ordered and collected during the
month from the offender to the City by the 10th day of the following month.
Collect and tender all GCVEF payments to the state as mandated by law.
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 36 of 180
K. Comply with all laws regarding confidentiality of offender's records.
L. Not attempt to profit from any fines, restitution, or court costs collected from the
offenders.
M. Collect all fines, costs and restitution as sentenced and the amount is to be paid at
a date later than the date of sentencing provided the Court orders the amount to be
collected by CSRA Probation Services, Inc. A probation fee of forty-one dollars ($41.00)
per month may be assessed against the offender,to be collected by
CSRA Probation Services, Inc.for each month of probation until that case
expires or is terminated. Payment of said fees shall conform with O.C.G.A. 42-8-103 (pay-
only probation) which states that fees shall be capped at three(3) months of ordinary fees
unless other named statutory circumstances exist.
N. Provide an ongoing offender monitoring program which accounts for activities of
offenders serving their sentence on probation and delinquency reports to the Court
advising of violations and proceed with revocation procedures based on direction
of the Court.
O. Indigent offenders may apply to be exempted from paying a supervision fee if the
offender claims that such fee wilt cause unreasonable or undue hardship. The
exempting authority shall be the sentencing Judge based on ability to pay per
O.C.G.A. 42-8-102.
P. Shall maintain minimum bonding levels and insurance as required by O.C.G.A. 42-8-102,
to include a surety/fidelity bond in the amount of not less than one hundred thousand
dollars ($100,000.00) as security for the satisfactory performance of the Contract
and provide general liability insurance coverage in the amount of not less than one million
dollars ($1,000,000.0.0).
Q. Caseload Levels: active supervised caseloads will not exceed 400 per probation
Officer, pay-only caseloads will not exceed 750 per probation officer.All probationers are
required to report in person a minimum of once per month with exceptions being per Court
order, pay-only, out of state, or out of area with the Courts approval. Out of area reporting
shall report by telephone, Smartphone App, online or written report a minimum of once per
month.
R. Violations of Probation shall be reported to the Court by Delinquency Report,
Warrant, or as designated by the Court and shall be handled in a manner as
directed by the Court.
S. Consecutive cases: Per O.C.G.A. 42-8-103.1(b), each case will be reviewed after twelve
(12) consecutive months of probation as required by statute,and every four (4) months
thereafter for the possibility of early termination recommendation.
EXHIBIT C
SCOPE OF WORK
Page 2
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Page 37 of 180
4RO1A
Exhibit D
Project Deliverables
Contractor shall deliver to Augusta all reports prepared under the terms of this Contract that
are specified in Exhibit D, Project Deliverables. Deliverables shall be furnished to Augusta
by Contractor in a media form that is acceptable and usable by Augusta at no additional
cost at the end of the project.
Staffing Plan
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CSRA PROBATION SERVICES, INC.
Page 38 of 180
STAFFING PLAN
The organization chart for our Richmond County State Court office is. The office will
be led by a Branch Manager and supported by five (5) supervisors as noted on the
chart.
At least one supervisor will be onsite at all times and at least one supervisor will be
on duty during office opening and closing.
The initial staffing projection for the office is 27 full time employees. Staffing for a
project of this size is a fluid process and Mike Popplewell, President of CSRA will be
closely monitoring all staffing needs and making adjustments as needed.
In addition, staff will be available and brought in as needed from CSRA's thirty-one
(31) Georgia offices to assist with the workload transition.
Staff from the Richmond County Probation Office will be given first opportunity to
apply for any of the available positions listed and we welcome the opportunity to
discuss how their experience can benefit our organization.
CSRA will employ mature, intelligent, and well-trained staff and places great
emphasis upon hiring staff from the local service area. All of CSRA's Probation
Officers will meet the state required uniform standards that specifies at least two (2)
years of college education or four (4)years of law enforcement experience and are
at least 21 years of age.Administrative staff possess at least a High School diploma
or GED. CSRA conducts pre-employment criminal background checks to ensure its
staff does not have a criminal background. No one will be employed with CSRA that
has a felony conviction or a misdemeanor conviction of a high-aggravated nature. In
addition, CSRA conducts pre-employment random drug tests of all employees.
Bilingual candidates are always sought and help facilitate communication with non-
English speaking offenders.
Continuing Education and Staff Development: All CSRA Probation Officers
complete 40 hours of Basic Probation Officer Training through CSRA's Training
Department. All Probation Officers are certified to administer in-house drug screens
and chain-of-custody for screens that require clinical validation. In addition,
Probation Officers annually complete In-service training through in-house training
programs and other local training opportunities. Local Branch Managers begin a
lengthy process of"on-the-job" training that we have developed based on our years
of working in the probation supervision field. In addition, we utilize the Field Training
Officer concept to follow up with every new hire to ensure they have implemented
what they have learned from the BPOT training. They must demonstrate they have
assimilated the local operating procedures, specific to the court being served, and
effectively perform the duties based on CSRA's quality standards.
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 39 of 180
CSRA's training is directly tied to the position each employee holds as well as
whether their skill level is basic, intermediate, or advanced within their career field.
This trains them in what their roles are specific to what task they will be expected to
perform every day and ensures they understand what is expected for them to
graduate to the next professional level. All training is conceived using task analysis
from the field as well as Quality Circles from within CSRA's most experienced staff.
The Training Manager designs the training and matches it to the skills everyone has
agreed are appropriate. Additionally, we utilize a Field Training Officer concept to
follow up with all new hires within six (6) months to ensure a smooth transition into
the local field office'and to provide refresher training as necessary.
Beyond the operational expertise and advancements, we have accomplished using
a broad range of technologies both in data management and offender surveillance,
CSRA's most valued and dependable resource is our people. We employ qualified
and mature individuals that are highly motivated to serve their local community. We
encourage every staff member to volunteer in community service projects and to be
involved in civic organizations that promote strong and healthy neighborhoods. Our
employees are eligible to participate in our corporate benefits program, including but
not limited to, all customary health care coverages for both themselves and their
family. All our recruiting and hiring practices comply with required regulations, which
include criminal history checks on every person being considered for employment.
CSRA Training Program
CSRA has developed our own training website. In our training program, our
Probation Officers receive a minimum of 100 hours of initial training and an average
of forty (40) hours of annual in-service training. Our training program ensures that
CSRA Probation Officers serve their courts in a professional manner. Highlights of
our training program are listed below.
Training Content:
1. Uses Terminal Performance Objectives and Enabling Objectives just like
P.O.S.T. training
2. Includes media support —graphics, video, downloadable pdfs, hyperlinks
3. Written meeting college-level criteria based for online education
4. Every course includes pre-test, post-test, and survey with certificates printed
upon completion
5. Automatically records online training into transcripts which are printable on
demand
6. Course duration can be any length of time needed and includes Lesson and
Section components
Features for Line Staff:
1. Password protected
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 40 of 180
2. Contains court-specific training to reinforce the judge's vision for their probation
service
3. Uses a 25-course BPOT for all probation case managers
4. Repeats revised Ethics and Statutory Updates annually with in-service curriculum
5. Advanced training for long term staff includes Certificate in Domestic Violence
Studies, Certificate in Substance Abuse Studies, and others to increase the depth
and breadth of training.
6. Built to be easily updatable per Judge and per Court as required
7. Staff immediately enrolled upon hire to reduce training time and increase
preparedness to serve quickly
8. Training reported monthly to all members of supervisory chain to ensure timely
completion and staff participation
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 41 of 180
Augusta Office
Proposed Organization Chart
Misdemeanor Probation Services
For
State Court and Magistrate Court
Pay Rate(w/o
Position Staffing.Location benefitsl
*Office Manager(Interim) From Augusta-Richmond County $58,037.00
Assistant Office Manager(Transition Manager) From CSRA Probation Services $35,000.00
*Senior Probation Officer(Over supervision services) From Augusta-Richmond County $42,630.00
Probation Officer From CSRA Probation Services $27,000.00
Probation'Officer From CSRA Probation Services $27,000.00
Probation Officer From CSRA Probation Services $27,000.00
Probation Officer New Hire $24,960.00
Probation Officer New Hire $24,960.00
Probation Officer New Hire $24,960.00
Probation Officer New Hire $24,960.00
Probation Officer New Hire $24,960.00
Probation Officer New Hire $24,960.00
*Probation Officer(Over Pay-Only cases) From Augusta-Richmond County $36,368.00
Probation Officer New Hire $24,960.00
Probation Officer New Hire $24,960.00
Probation Officer New Hire $24,960.00
*Senior Probation Officer(Over expired close-outs) From Augusta-Richmond County $42,630.00
*Probation Officer From Augusta-Richmond County $36,368.00
Probation Officer From CSRA Probation Services $27,000.00
*Probation Officer(Over court team) From Augusta-Richmond County $35,204.00
Court Officer New Hire $24,960.00
Court Officer New Hire $24,960.00
Court Officer New Hire $24,960.00
*Administrative Services Director From Augusta-Richmond County $36,058.00
Accounting Clerk New Hire $20,800.00
Data Entry Clerk New Hire $20,800.00
*Senior Probation Officer(Programs Manager) From Augusta-Richmond County $48,984.00
Total Estimated Salaries(Excluding Benefits) $820,399.00
Total staff projected: 27(8 from Augusta-Richmond County/5 from CSRA Probation Services/14 New Hires)
*Denotes current Augusta-Richmond County staff to be retained by CSRA Probation Services, Inc.
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 42 of 180
EXHIBIT I
OPTIONS
CONTRACT:
CSRA PROBATION SERVICES,INC.
Page 43 of 180
OPTION #1
CSRA Probation Services, Inc. to close the estimated backlog of expired cases
(approximately 6000). CSRA Probation Services, Inc. will hire three (3)
experienced probation officers to review the cases, identify the cases with the
highest potential for liability, and close those cases. Augusta-Richmond will fund
these positions for a period of one (1) year. /'�
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 44 of 180
OPTION #2
CSRA Probation Services, Inc. shall address current cases classified as "Pay Only."
It is estimated that there are currently 3000 unsupervised "Pay Only" cases in active
status. CSRA Probation Services, Inc, will hire four (4) probation officers to correct
deficiencies in the existing "Pay Only" caseload. Augusta-Richmond County will fund
the four (4) probation officer positions to be assigned to these cases for a period of
one (1) year. If it takes more than one year, Contractor is responsible for all costs
and expenses to accomplish all the work under Option 2.
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 45 of 180
OPTION#3
CSRA Probation Services, Inc. shall be permitted to have continued use of the
existing County Probation Office for no more than one (1) year at no cost, except that
Contractor shall pay water and utilities. The use of the office shall include current
office furniture. Unless otherwise agreed upon by the parties and the landlord, the
land on which the office is located shall remain,under lease by Augusta-Richmond
County until the lease expires at which time CSRA Probation Services, Inc. will
renegotiate the land lease as the tenant.
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 46 of 180
OPTION#4
Augusta-Richmond County shall continue to fund the current case management
program (JAGWare) until such time said case management program is transitioned
to the CSRA Probation Services, Inc. system. Augusta shall not be required to pay
for the use of JAGWare beyond one (1) year. CSRA Probation Services will have
use of current probation computer systems already loaded with the JAGWare case
management system until such time said case management program is transitioned
to the CSRA Probation Services, Inc. system or one year expires. CSRA Probation
Services,Inc. shall assume all costs associated with CSS requirements for integration
with any Augusta-Richmond County systems and conversion from JAGWare into the
CSS system. CSRA Probation Services, Inc. shall not be responsible for any
Augusta-Richmond County I.T. development, integration or other "in-houses
technology requirements.
1
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 47 of 180
4 O R 4 IA
EXHIBIT E
COMPENSATION
Augusta agrees to compensate the Contractor as follows:
Augusta agrees to compensate Contractor for all services performed under this Contract
(including options 1 and 2)in an amount not to exceed$282,419.80 for one (1) year at
$23,534.98/month. The detailed costs are provided below:
Option 1
Senior Probation Officer(expired/close-outs) $55,419.00
Probation Officer (expired/close-outs) $47,278.40
Probation Officer (expired/close-outs) $35,100.00
Option 2
Senior Probation Officer(pay-only cases) $47,278.40
Probation Officer(pay-only cases) $32,448.00
Probation Officer(pay-only cases) $32,448.00
Probation Officer(pay-only cases) $32,448.00
Additionally,Contractor shall charge for services according to the Cost and Fee Schedule below:
STANDARD MONITORING SERVICES
SERVICE
RATE
Probation Supervision Fee $41/month
DrugTesting - _
$20/test
Lab Confirmation $25/confirmation
Alcohol Screen _ $10/screen
Electronic Monitoring RF 1$25 install fee, $8/day
Electronic Monitoring-GPS Active $25 install fee, $8/day
Alcohol Monitoring—Random $5(combined w/RF)
Alcohol Monitoring—Continuous (SCRAM) $25 install fee, $8/day _.. 1
Bond Supervision Fee $41/month
GROUP PROGRAM/EDUCATIONAL SERVICES
SERVICE �._ ;RATE
ACCI Offender Education Workbook Course 1$60/course
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 48 of 180
EXHIBIT F
PROCUREMENT
FORMS
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 49 of 180
STATE OF GEORGIA
AUGUSTA, GEORGIA
FORM A: GEORGIA SECURITY AND IMMIGRATION CONTRACTOR AFFIDAVIT AND
AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.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 [insert name of prime contractor]
— thiobatien Sezvitaes• Inc. on behalf of A 911 rola
caLlaffinflabiLi registered with and is participating in a federal work authorization program*,2
in accordance with the applicability provisions and deadlines established in O.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 to this contract with auggaissaesum
Mumma, contractor will secure from such subcontractor(s) similar 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. Contractor further agrees to maintain records of such
compliance and provide a copy of each such verification to the AMMO .i.regagcrigingagais
at the time the subcontractor(s) is retained to perform such service.
186780 Date of Authorization 2/3/09
EEV/Basic Pilot Program*User Identification Number
BY:Authorized Officer of Agent
(Insert Contractor Name)
Director of Operations
Title of Authorized Officer or Agent of Contractor
Gfrrly D. Kent
Printed Name of Authorized Officer or Agent
A,. pp
Sworn to and subscribed before me this 19th day df %Nclic:_
� ••I• EXPIRES •,,•.O•
GEO '� '
ff = RGlA
City: C vis, to AFEB.8,2022 i
Commission Expires: Fa4,314.2
, 8 -�l '• ,suC .•;�
�'81A COQ
'•",,•u,,NoriN``a
'O.CG.A.6 13-10.90(4),as amended by Senate Bill 160,provides that"physical performance of services"means any performance of labor or
services for a public employer(e.g.,Augusta,Georgia)using a bidding process(e.g.,178,RPQ,RFP,etc.)or contract wherein the labor or
services exceed$2,499.99,except for those individuals licensed pursuant to title 26 or Title 43 or by the State Bar of Georgia and is in good
standing when such contract is for service to be rendered by such individual.
ia`[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(mCA),P.L.99-603).
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 50 of 180
Form C. • . • . • • • . 1J _ ► g • • ► , G
1. Please provide the names and business addresses of each of the Offerors firm's
officers and directors.
For the purposes of this form, the term "Offeror" means an entity that responds to
a solicitation for an Augusta contract by either submitting a proposal in response
to a Request for Proposal or a Request for Qualification or a Bid in response to
an Invitation to Bid. Describe accurately, fully and completely, their respective
relationships with said Offeror, including their ownership interests and their
anticipated role in the management and operations of said Offeror.
2. Please describe the general development of said Offeror's business during the
past five (5) years, or such shorter period of time that said Offeror has been in
business.
3. Please state whether any employee, agent or representative of said Offeror who
is or will be directly involved in the subject project has or had within the last five
(5) years: (i) directly or indirectly had a business relationship with Augusta, Georgia
(ii) directly or indirectly received revenues from Augusta, Georgia ; or (iii) directly
or indirectly receives revenues from the result of conducting business on
Augusta, Georgia property or pursuant to any contract with Augusta, Georgia.
Please describe in detail any such relationship.
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 51 of 180
f'-I 4
CERA PROBATI i $ SERVICES,INC
RFP 19-180 Misdemeanor Probation Services for State Court
Form C:Offeror's Disclosure Form and Questionnaire
1. Please provide the names and business addresses of each of the Offeror's firm's officers and directors.
1. Michael Popplewell
802D Oakhurst Drive
Evans,GA 30809
President,100%Owner
Anticipated on-site director of probation and related services for the Richmond County State Court
2. Ginny Kent
802D Oakhurst Drive
Evans,GA 30809
Director of Operations
Anticipated role will be to ensure that probation operations within Richmond County State Court
and other areas of the state conform with the requirements outlined in DCS Board Rules and
Georgia law.
3. Jill Guin
802D Oakhurst Drive
Evans,GA 30809
Region Director
Anticipated role will be to manage the Region that encompasses the Central Savannah River Area,to
include Richmond County State Court.Will work with Michael Popplewell in the areas of staffing and
general employee oversight.
4. Jeremy Brett
112 Malone St.
Sandersville,GA 31082
Region Director/Software Development and Case Management System Specialist
Anticipated role will be to coordinate the transition of Richmond County State Court cases into(SRA
case management system along with continued maintenance of the software system with regard to
meeting the specific needs of the Richmond County State Court.
5. Brian Smith
112 Malone St.
• Sandersville,GA 31082
IT Director
Anticipated role will be to coordinate with Richmond County IT Department to ensure successful
transfer of electronic data between CSRA and Richmond County State Court with respect to county's
security and other hardware requirements.
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 52 of 180
6. Jennifer Lampkin
8020 Oakhurst Drive
Evans,GA 30809
Senior Probation Officer/Office Manager/Court Services Manager
Anticipated role will be to assist Mr. Popplewell and Ms.Guin with the day to day operations of the
Richmond County State Court caseload. Responsible for court team oversight along with caseload
quality assurance.
2. Please describe the general development of said Offeror's business during the past five(5)years.
CSRA Probation Services,Inc.was established In November 1997. Within the past 5 years the company has
grown from 10 offices supervising cases in 45 courts,to 29 offices supervising cases in 146 courts across the
State of Georgia,having acquired Providence Community Corrections,Alliance Corrections Services and
Sentinel Offender Services. In the past 5 years we have also provided consulting services to other companies
within and outside of the State of Georgia. Most recently,we have been instrumental in the development
of some of the Industry's most cutting-edge technologies to include a smartphone supervision app for
probationers to report and a client-dedicated support website. We are currently the largest private
company in Georgia and have been recognized in US News and World Report and on HBO(Vice News)as an
ethical company.
3. Direct or Indirect Business Relationship with Augusta,Georgia.
Michael Popplewell and CSRA Probation Services,Inc.entered into a circuit-wide probation supervision
contract with all three (3)counites of the Augusta Circuit in January 2013(Burke,Columbia and Richmond).
We have provided misdemeanor probation supervision and other related services to the Richmond County
Superior court since entering into this contractual agreement In 2013. CSRA currently operates a probation
field office in Augusta-Richmond County at 418 121h St.Augusta,GA 30901
CSRA Probation Services,Inc. I 8021)Oakhurst Drive I Evans, Georgia 30809
Phone 706-210-7071 I FAX 7.6-210-7076 I www.csraprobation.com
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 53 of 180
LITIGATION DISCLOSLII ;
Failure to fully and truthfully disclose the information required, may result in the
disqualification of your bid or proposal from consideration or termination of the Contract,
once awarded.
1. Please state whether any of the following events have occurred in the last five (5)
years with respect to said Offeror. If any answer is yes, explain fully the
following:
(a) whether a petition under the federal bankruptcy laws or state insolvency
• laws was filed by or against said Offeror, or a receiver fiscal agent or
similar officer was appointed by a court for the business or property of said
Offeror;
Circle One: YES a' NO)
(b) whether Offeror was subject of any order, judgment, or decree not
subsequently reversed, suspended or vacated by any court of competent
jurisdiction, permanently enjoining said Offeror from engaging In any type
of business practice, or otherwise eliminating any type of business
practice; and
Circle One: YES ' NO ,'
(c) whether said Offeror's business was the subject of any civil or criminal
proceeding in which there was a final adjudication adverse to said or
Offeror, which directly arose from activities conducted by the business unit
or corporate division of said Offeror which submitted a bid or proposal for
the subject project. If so please explain.
Circle One: YES NO
2. Have you or any member of your firm or team to be assigned to this engagement
ever been indicted or convicted of a criminal offense within the last five (5)
years?
Cirde One: YES NO
3. Have you or any member of your firm or team been terminated (for cause or
otherwise) from any work being performed for Augusta, Georgia or any other
Federal, State or Local Government?
Circle One: YES NO/
4. Have you or any member of your firm or team been involved in any claim or
RFP 1&180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 54 of 180
litigation adverse to Augusta, Georgia or any other federal, state or
local government, or private entity during the last three (3) years?
Circle One: YES NO
5. Has any Offeror, member of Offeror's team, or officer of any of them (with
respect to any matter involving the business practices or activities of his or her
employer), been notified within the five (5) years preceding the date of this offer
that any of them are the target of a criminal investigation, grand jury investigation,
or civil enforcement proceeding?
Circle One: YES (N4
If you have answered "YES"to any of the above questions, please indicate the name(s)
of the person(s), the nature, and the status and/or outcome of the information,
indictment, conviction, termination, claim or litigation, the name of the court and the file
or reference number of the case, as applicable. Any such information should be
provided on a separate page, attached to this form and submitted with your proposal.
NOTE: If any response to any question set forth in this questionnaire has been
disclosed in any other document, a response may be made by attaching a copy of
such disclosure. (For example, said Offeror's most recent filings with the
Securities and Exchange Commission ("SEC") may be provided N they are
responsive to certain items within the questionnaire.) However, for purposes of
clarity, Offeror should correlate its responses with the exhibits by identifying the
exhibit and its relevant text.
Disclosures must specifically address, completely respond and comply with all
information requested and fully answer all questions requested by Augusta, Georgia .
Such disclosure must be submitted at the time of the bid or proposal submission and
included as a part of the bid/proposal submitted for this project. Disclosure is required
for Offerors,joint venture partners and first-tier subcontractors.
Failure to provide required disclosure, submit officially signed and notarized documents
or respond to any and all information requested/required by Augusta,Georgia can result
in the bid/proposal declared as non-responsive. This document must be completed
and included as a part of the bid/proposal package along with other required documents.
[SIGNATURES ON NEXT PAGE]
RFP 18-180
Misdemeanor Probation Supervision Services
•
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 55 of 180
A
f, s
CSRA PROBATI$ SERVICE,INC.
RFP 19-180 Misdemeanor Probation Services for State Court
Litigation Disclosure
Section 10—Disclosure Form and Questionnaire
It is the policy of Augusta,Georgia to review the history of litigation of each Proposer that includes bankruptcy history,
insolvency history, civil and criminal proceedings,judgements and termination for cause in order to determine whether
a firm's business practices,legal practices and overall reputation in the industry Is one that would be acceptable to
perform work for Augusta,Georgia.
Amount of Ntlgation you firm has been involved in over the past three years(explain the circumstances in detail.)
CSRA has been involved in litigation on two(2)occasions.The circumstances are as follows:
1. On September 4,2015 Attorney Justin Chaney of Atlanta,Georgia filed suit on behalf of his client,Marcia Sapp
(probationer under supervision),against CSRA alleging that we improperly accepted probation supervision fee payments
for supervision performed per a contract with Oglethorpe County Probate Court.The basis for this compliant is that
when we attempted to secure a copy of said contract,the contract was not attached to the minutes of the county
commission meeting as required by O.C.G.A.42-8-100(g)(1). It should be noted that the Probate Court Judge has
possession of the contract at the time Mr.Chaney asked for a copy.He was provided a copy and the contract was
subsequently attached to the minutes per O.C.G.A.
Our attorneys, Hull Barrett, responded that CSRA was not responsible for attaching the contract and that the
contact may have been attached by the Judge simply had possession at the time of the request,that the contract was
entered into legally and that CSRA was operating in good faith based on a signed and approved contract,and that there
was in fact no harm or damage to the probationer who was legally ordered to pay a supervision fee.There was a total of
twelve separate defenses listed in the Answer filed. At this time there has been no response from the attorney nor has
any ruling been made concerning our motions to dismiss.We anticipate that the compliant will ultimately be dismissed.
2. On January 7,2019 Attorney Jack Rosenberg of Atlanta,Georgia filed suit on behalf of his client,Britney Fowler
(Smith),former employee of CSRA Probation Services, Inc.alleging that we discriminated against the former employee
by terminating her employment due to pregnancy. The employee was terminated on September 28,2019 for 1-serious
misconduct;improper relationship with a probationer under her supervision and 2-serious misconduct; improper
relationship with a married county employee after hours on company premises. On February 11, 2019 our attorneys,
Fulcher Hagler,filed an answer to said lawsuit denying all allegation and demanding trial by jury.
CSRA Probation Services,inc. 802D Oakhurst Drivel Evans,Georgia 30809
Phone 706-210-7071 FAX 706-210-7076 vvww.csraprobation.com
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 56 of 180
Under penalty or\f perjury, I declare that I have examined this questionnaire and all
attachments hereto, if applicable, to the best of my knowledge and belief, and all
statements contained hereto are true, correct, and complete.
On this lath day of Febr„a , 2019
CSRA Probation Services, Inc. 2119L19
(Legal Name of Proponent) (Date)
)‘-}),,- 2/19/19
(Signature of Authorized Representative) (Date)
Director of Operations
(Me)
Sworn to and subscribed before me,
This. 19th day of February ..ostun.,,,q 2019
4,4 30?Gfi 4,,,4,
eh 4OTARr.Qp%ss
(Notary Publl�
rEs.8.2022
Commission Expires RA.a, aop►aPwyr,�sy R,`�-11coJlo
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 57 of 180
FORM D: GEORGIA PROFESSIONAL LICENSE CERTIFICATION
NOTE: Please complete this form for the work your firm will perform on this project
Contractor's Name:
Performing work as: Prime Contractor x Sub-Contractor
Professional License Type: Registration —:.,Georgia Dept. of Community
Supervision
Professional License Number N/A
Expiration Date of License: 12/31 /2019
I certify that the above information is true and correct and that the classification noted is applicable to the
Bid for this Project.
Signed:
Date: ^ t `' ! c`? i q
(ATTACH COPY OF LICENSE)
RFP 19-180
Misdemeanor Probation Supervision Services
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CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 59 of 180
STATE OF GEORGIA
AUGUSTA,GEORGIA
FORM E: CA PREFERS GE AFFIDAVfT,QF BIDQ A/QFFEQQg
I hereby certify that pursuant to Augusta,Georgia Code Section Code§1-10-6, the Bidder/Offeror
is eligible to receive local preference points and has a staffed, fixed, physical, place of business
located within Augusta, Georgia and has had the same for at least six (6) months prior to the date
of submission of its proposal or bid and has held a valid business license from Augusta, Georgia or
a city within Augusta, Georgia boundaries for the business at a fixed, physical, place of business,
for at least six(6) months prior to the date of submission of Its proposal or bid.
Affiant further acknowledges and understands that pursuant to Augusta, Georgia Code Section
Code§ 1-10-6, In the event this affidavit is determined to be false, the business named herein shall
be deemed"non-responsive"and shall not be considered for awani of the applicable contract.
CSRA Probation Servioesj Inc. (Affix corporate seal here, if a corporation)
(BUSINESS
Twelfth streef,O taa, GAAug 0 p1 GA 30903
(AUGUSTA,GEORGIA BUSINESS ADDRESS)
Director of Operations
(OFFICIAL TITLE OF AFFIANT)
'Ginny D. Rent
(NAME OF AFFIANT)
)--1
(SIGNAT E OF AFFIANT)
Sworn to and subscribed before me this 19th day of February 20 19
•
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NotaryA...J �pY OR�h948
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RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 60 of 180
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CONTRACT:
CSRA PROBATION SERVICES, INC.
rt- 1-a-l q Gig•#a)qy Page 61 of 180
to' 11
Augusta Planning and Development Department
Robert H.Sherman III,Director
1803 Marvin Griffin Road
P.O..Box 9270
Augusta,Georgia 30906-9270
(706) 312-5053
BUSINESS LICENSE RENEWAL NOTICE
CSRA PROBATION SERVICES,INC.
P.O:BOX 898 Date: 12/19/2018
AUGUSTA,GA 30903
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Account# LCB20130000127
Business Name: CSRA PROBATION SERVICES,INC.
DBA: CSRA Attn: MICHAEL POPPLEWELL
•
******IMPORTANT INFORMATION******
All taxes must be paid in frill,including any past due fees which are not reflected on this bill,to avoid
penalties and/or suspension. Penalty and interest will be assessed 1 day taller the due date. A business
license certificate will not be issued if there is an outstanding balance.
FEE DESCRIPTION DUE DATE FEE AMT. AMT.DUE
Gross Revenue Fee(Cat.3) 0]/31/2019 $17.00 $17.00
Administrative Fee 01/31/2019 $110.00 $110.00
Renewal Total: $127.00
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In accordance with Augusta-Richmond County Code,a Business License may be denied if the holder of the certificate has
failed to pay any required Business Tax fee,or has failed to make a return or pay a tax due to the Tax Commissioner.
0.i
1
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 62 of 180
EXHIBIT G
OFFICE OF CONTRACT COMPLIANCE
FORMS
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 63 of 180
SECTION 6
CONTRACT COMPLIANCE REQUIREMENTS
6.1 NON-DISCRIMINATION IN PROCUREMENT AND CONTRACTING
It is the policy of Augusta, Georgia Government that discrimination against businesses
by reason of the race, color, gender or national origin of the ownership of any such
business is prohibited. Furthermore, it is the policy of the Board of Commissioners
("Board") that Augusta, Georgia and all vendors and contractors doing business with
Augusta, Georgia shall provide to all businesses the opportunity to participate in
contracting and procurement paid, in whole or in part, with monetary appropriations of
the Board without regard to the race, color, gender or national origin of the ownership of
any such business. Similarly, It is the policy of the Board that the contracting and
procurement practices of Augusta, Georgia should not implicate Augusta, Georgia as
either an active or passive participant in the discriminatory practices engaged h by
private contractors or vendors seeking to obtain contracts with Augusta, Georgia .
Implementation of Equal Employment Opportunity(EEO) Policy
Pursuant to Augusta, Georgia Code section §102-391, Equal Opportunity Clause,
Augusta effectuates Equal Employment Opportunity. This policy considers racial and
gender workforce availability. The availability of each workgroup is derived from the
work force demographics set forth in the 2010 Census EEO file prepared by the United
States Department of Commerce for the applicable labor pool normally utilized for the
contract.
Monitoring of EEO Policy
Upon award of a contract with Augusta, Georgia , the successful bidder/proposer
must complete Exhibit B, Equal Employment Opportunity Report ("EEOR"), describing
the racial and gender make-up of the firm's work force. If the EEOR indicates that the
firm's demographic composition indicates underutilization of employee's of a particular
ethnic group for each job category,the EEOR will be submitted to the Division of Diversity
and Civil Rights Compliance for further action.
6.2 EQUAL BUSINESS OPPORTUNITY PLAN (EBO PLAN) •
In addition to the proposal submission requirements, each vendor trust, ,submit an
Equal Business Opportunity Plan (EBO Plan) with their bid/proposal. The EBO Plan is
designed to enhance the utilization of a particular racial, gender or ethnic group by a
bidder/proposer, contractor, or vendor or by Augusta, Georgia . The respondent must
outline a plan of action to encourage and achieve diversity and equality in the available
procurement and contracting opportunities with this solicitation.
The EBO Plan must and include:
1. Potential opportunities within the scope of work of this solicitation that will allow
for participation of racial, gender or ethnic groups.
RFP 1S-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES,INC.
Page 64 of 180
2. Efforts that will be made by the bidder/proposer to encourage and solicit minority
and female business utilization in this solicitation.
6.3 DETERMINATION OF GOOD FAITH EFFORTS
In accordance with Augusta, Georgia Code Section §102-426, the Prime Contractor
must demonstrate that they have made all efforts reasonably possible to ensure that
Minority and Female Business Enterprises (MFBE) have had a full and fair opportunity
to compete and win subcontracts on this project: The Prime Contractor is required
to include all outreach attempts that would demonstrate a "Good Faith Effort" in the
solicitation of subcontractors.
Written documentation demonstrating the Prime Contractor's outreach efforts to identify,
contact, contract with or utilize Minority or Female owned businesses shall include
holding pre-bid conferences, publishing advertisements in general circulation media,
trade association publications, minority-focused media, and Augusta's bid board, as well
as other efforts.
Include a list of publications where the advertisement was placed as well as a copy of
the advertisement. Advertisement shall include at a minimum, scope of work, project
location, location(s) of where plans and specifications may be viewed or obtained and
trade or scopes of work for which subcontracts are being solicited.
6.4 PROMPT PAYMENT
The prime contractor must certify in writing and must document that all subcontractors,
sub-contractors have been promptly paid for work and materials, (less any retainage
by the prime contractor prior to receipt of any further progress payments). In the event
the prime contractor is unable to pay sub-contractors or suppliers until it has received
a progress payment from Augusta, Georgia , the prime contractor shall pay all
subcontractors or suppliers funds due from said progress payment within ten days (10)
of receipt of payment from Augusta, Georgia . In no event shall a subcontractor or
supplier be paid later than ten (10) days as provided for by state
6.5 REQUIRED FORMS (To be submitted with Technical Proposal) t
In order to be compliant with the intent and provisions of the Augusta, Georgia
Non- Discrimination in Procurement and Contracting Policy, bidders/proposers must
submit the following completed documents with the Technical Proposal.
• Exhibit A - Promise of Non-Discrimination
• Exhibit C-Schedule of Intended Subcontractor Utilization
The following documents must be completed as instructed If awarded the project:
• Exhibit B - Equal Employment Opportunity Report(EEOR)
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 65 of 180
■ Exhibit D - Letter of Intent to Perform as a Subcontractor or Provide
Materials or Services (To be submitted only by, sub-contractors)
consultant/suppliers of winning Prime prior to contract execution)
• Exhibit E - Prime Contractor's Subcontractor Utilization Report (To be
submitted monthly with pay applications)
All Contract Compliance documents Exhibits A, C and the EBO Plan) are to be placed
in a separate sealed envelope clearly marked "CONTRACT COMPLIANCE". These
documents are considered part of and must be submitted with the Technical Proposal.
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 66 of 180
EXHIBIT A—PROMISE OF NON-DISCRIMINATION
"Know all persons by these presents,that I/We( Ginny D. Kent
Name
Director of Operations (SRA Pronation Services, Inc.
Title Firm Name
Hereinafter"Company", in consideration of the privilege to bid on or obtain contracts funded, In
whole or in part, by Augusta, Georgia,hereby consent,covenant and agree as follows:
1) No person shall be excluded from participation in, denied the benefit of, or otherwise
discriminated against on the basis of race, color, national origin or gender in
connection with any bid submitted to Augusta, Georgia for the performance of
any resulting there from,
2) That It is and shall be the policy of this Company to provide equal opportunity to all
businesses seeking to contract or otherwise interested in contracting with this
Company without regard to the race, color, gender or national origin of the
ownership of this business,
3) That the promises of non-discrimination as made and set forth herein shall be
continuing in nature and shall remain in full force and effect without Interruption,
4) That the promise of non-discrimination as made and set forth herein shall be made a
part of, and incorporated by reference into, any contract or portion thereof which
this Company may hereafter obtain,
5) That the failure of this Company to satisfactorily.discharge any of the promises of
non-discrimination as made and set forth herein shall constitute a material breach
of contract entitling the Board to declare the contract in default and to exercise
any and all applicable rights and 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 owning on a contract;and
6) That the bidder shall provide such Information as may be required by the Director of
Procurement & Contract Compliance pursuant to Section 102.436 of the
Augusta,Georgia Non-Discrimination in Procurement and Contracting Policy.
NAME: ainny D. Kent TITLE: Directar of Operations
SIGNATURE:,. i _
ADDRESS:_418 Twelfth Street Augusta, ( 3pgo
P. O. Box 898 AugustaL GA 30903
PHONE NUMBER: 706-210-7071 EMAIL: �gl�ent@arat>taatian.com
RFP 19-180
Misdemeanor Probation supeMsion Services
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CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 68 of 180
EXHIBIT C-SCHEDULE OF INTENDED SUBCONTRACTOR UTILIZATION
If the bidder/proposer intends to subcontract any portion of this scope of work/service(s), this form
must be completed and submitted with the bid/proposal. All prime bidders/proposers must
submit Letter(s) of Intent (Exhibit D) for all subcontractors who will be utilized under the scope of
work/services prior to contract execution.
Prime Bidder/Proposer Company Name cSRILEalation:Sezvices. Ince,
ITB/RFP Name &Number: 1 Q_inn
1. My firm, as Prime Bidder/Proposer on this scope of work/service(s) is ❑, is not ®a minority
or female owned and controlled business enterprise. (Please indicate below the portion of
work, including, percentage of bid/proposal amount that your firm will carry out directly):
$ or a on °/q
2. This highlighted information below must be completed and submitted with the bid/proposal if
a joint venture (JV)approach Is to be undertaken. Please provide JV breakdown information
below and attach a copy of the executed Joint Venture Contract.
JV Partner(s) information:
Business Name Business Name Business Name
N/A
%of JV %of JV %of JV
Ethnicity Ethnicity Ethnicity
Gender Gender Gender
Phone# Phone# Phone#
3. Sub-Contractors (including suppliers) to be utilized in the performance of this scope of
worWservice(s),If awarded, are:
SUBCONTRACTOR NAME: fa/A
ADDRESS:
PHONE:
CONTACT PERSON:
ETHNIC GROUP*: CITY CERTIFIED**
WORK TO BE PERFORMED:
DOLLAR VALUE OF WORK: $ PERCENTAGE VALUE: %
*Ethnic Groups: African American (AABE); Asian American (ABE); Hispanic American (HBE); Native
American(NABE);White Female American(WFBE); **If yes,please attach copy of recent certification.
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES,INC.
Page 69 of 180
SUBCONTRACTOR NAME: N/A
ADDRESS:
PHONE:
CONTACT PERSON:
ETHNIC GROUP*: CITY CERTIFIED**
WORK TO BE PERFORMED:
DOLLAR VALUE OF WORK: $ PERCENTAGE VALUE:
SUBCONTRACTOR NAME: --Ai7► __
ADDRESS:
PHONE:
CONTACT PERSON:
ETHNIC GROUP*: CITY CERTIFIED**
WORK TO BE PERFORMED:
DOLLAR VALUE OF WORK: $ PERCENTAGE VALUE: %
•
SUBCONTRACTOR NAME: at
ADDRESS:
PHONE:
CONTACT PERSON:
ETHNIC GROUP*: CITY CERTIFIED*"
WORK TO BE PERFORMED:_
DOLLAR VALUE OF WORK: $ PERCENTAGE VALUE: %
SUBCONTRACTOR NAME:
ADDRESS:
PHONE:
CONTACT PERSON:
—
—
ETHNIC GROUP*: CITY CERTIFIED**
WORK TO BE PERFORMED:
LAR VALUE OF WORK: $ PERCENTAGE VALUE: %
*Ethnic Groups: African American (AABE); Asian American (ABE); Hispanic American (HBE); Native
American(NAGE);White Female American(WFBE);"If yes,please attach copy of recent certification.
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 70 of 180
Total-D-
otal Dollar Value of Subcontractor Agreements: ($) 0.00
Total Percentage of Subcontractor Value: %
( ) 0
CERTIFICATION: The undersigned certifies that he/she has read, understands and agrees to be
bound by the Bid/Proposer provisions, including the accompanying Exhibits and other terms and
conditions regarding sub-contractor utilization. The undersigned further certifies that he/she is
legally authorized by the Bidder/Proposer to make the statement and representation in this Exhibit
and that said statements and representations are true and correct to the best of his/her knowledge
and belief. The undersigned understands and agrees that if any of the statements and
representations are made by the Bidder/Proposer knowing them to be false, or if there Is a failure of
the intentions, objectives and commitments set forth herein without prior approval of Augusta, then
in any such event the Contractor's acts or failure to act,as the case may be, shall constitute a material
breach of the contract,entitling Augusta to temunate the Contract for default. The right to so terminate
shall be in addition to, and in lieu of,. any other rights and remedies Augusta may have for other
defaults under the contract.
k �
SiSignature__ '° ;
g ,�.,. _ Title: Director of Ogmatipo
Business or Corporate Name: cs. P th Sewicee, Inc.
Address: 802 aat.nzive suite D
Evans: GA 30009
Telephone: (706 ) 21 4-71171
Fax Number: ( 706 ) 210-7076_
Email Address: gicenr®mrapmbai-inn_mm
RFP 19-180
Ifardemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 71 of 180
EXHIBIT H
INSURANCE AND RISK MANAGEMENT
FORMS
•
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 72 of 180
Socius Insurance Services,Inc.
l'Ali 301 Arthur Godfrey Road,Suite 550
IP) Miami Beach,FL 33140
Phone 305-867-3300
Fax 305-867-3500
Julie Cort
Watson and Knox, Inc.
139 Main Street
P.O. Box 539
Thomson,GA 30824
RE: CSRA Pro-Augusta,GA Government Contract
Regarding this contract requirements(attached for reference),please accept this letter as confirmation
that we have received a quote from Brit's Lloyds Syndicate#2987(an authorized surplus lines insurer In
Georgia). Terms Indude the following:
• Commercial General Liability—meets requirements
• Auto-Note coverage is limited to hired and non-owned only,which B what we understand the
exposure to be.
• Umbrella—Note this will go over the general liability. To go over the employer's Nobility
coverage as well,the underlying policy limits will need to be increased to$1,000,000. The
umbrella will not go over the hired and non-owned auto. Also note we have the option of
providing higher underlying limits and eliminating the umbrella at more favorable pricing.
• Professional Liability—meets requirements
With regard to cyber liability,we have CFC/Lloyds terms that meet the specified requirements.
Regarding the certificate section,I am unable to provide primary/non-contributory and waiver of
subrogation on the professional. I am also unable to waive subrogation on the cyber,however do have
blanket additional insured coverage as required by contract with primary/non-contributory wording.
Let me know if any questions or concerns.
Kind regards,
A7.0444.zemni......._.
Cynthia A.Zimmerman,RPLU,ACRA
Senior Vice President
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 73 of 180
SECTION 7
INSURANCE AND RISK MANAGEMENT PROVISIONS
Insurance and Risk Management Provisions
Misdemeanor Probation Supervision Services
The following is the minimum insurance and limits that the Contractor/Vendor must maintain. If the
Contractor/Vendor maintains broader coverages and/or higher limits that the minimum shown below,Augusta,
Georgia Government requires and shall be entitled to coverage for the higher limits maintained by the
Contractor/Vendor.
It is Augusta,Georgia Government's practice to obtain Certificates of Insurance from our Contractors and
Vendors.Insurance must be written by a licensed agent in a company licensed to write insurance in the State
of Georgia. Respondents shall submit with the,bid/proposal evidence of insurability satisfactory to Augusta,
Georgia Government as to form and content.Either of the following forms of evidence is acceptable:
• A letter from an insurance carrier stating`that;upon youfic
r m/cpiilpatiy being the successful
Bidder/Respondent.that a,Certificate of Insurance Shall be issued-n compliance Wit`the
Insurance and Risk Manageinent.Provisions outlined be=low.`
• A'Certificate of Insurance complying with the Insurance and Risk Management Provisions
outlined below (Request for Bid/Proposal number and Project Description must appear on
the Certificate of Insurance).
• A combination of specific policies written with an umbrella policy covering liabilities in
excess of the required limits is acceptable to achieve the applicable insurance coverage
levels.
Any and all Insurance Coverage(s) and Bonds required under the terms and conditions of the contract shall
be maintained during the entire length of the contract,including any extensions or renewals thereto,and until
all work has been completed to the satisfaction of Augusta, Georgia Government. Evidence of said ,
insurance coverages shall be provided on or before the inception date of the Contract.
I Y!'1 J r • i i r l r '1 . 1 : s_rl i s • 1.1 i i ' i . 1
1. WORKERS COMPENSATION/EMPLOYER'S LIABILITY INSURANCE — STATUTORY
(In compliance with the Georgia Workers Compensation Acts and any other State or Federal
Acts or Provisions in which jurisdiction may be granted)
Employer's Liability Insurance BY ACCIDENT-EACH ACCIDENT $500,000.
Employer's Liability Insurance BY DISEASE -POLICY LIMIT $500,000.
Employer's Liability Insurance BY DISEASE -EACH EMPLOYEE $500,000.
2. COMMERCIAL GENERAL LIABILITY INSURANCE (Including contractual Liability
Insurance)
Bodily Injuryand PropertyDama Damage LiabilityEach Occurrence $1,000,000
(Other than Products/Completed Operations) General Aggregate - $2,000,000
Products\Completed Operations Aggregate Limit - $2,000,000
Personal and Advertising Injury Limits - $1,000,000
Damage to Rented Premises Limits - $100,000
Effective 01/2019 RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 74 of 180
SECTION 7
INSURANCE AND RISK MANAGEMENT PROVISIONS
3. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Bodily Injury&Property Damage Each Occurrence $1,000,000
(Including operation of non-owned,owned, and hired automobiles).
4. UMBRELLA LIABILITY
(In excess of Auto GL and Employers Liability) Each Occurrence $2,000,000
5. PROFESSIONAL(E& 0)LIABILITY Per Claim/Aggregate - $2,000,000
Contractor shall ensure that coverage under this policy shall continue for a period of thirty-six(36)
months after completion of services.
6. Cyber Liability - Each Occwrence - $2,000,000
Policy shall include coverage for losses arising from the breach of information, security, privacy
and intentional/unintentional release of private information.
Calif
Contractor shall provide written notice to Augusta,Georgia Government immediately if it becomes aware of
or receives notice from any insurance company that coverage afforded under such policy or policies
shall expire, be cancelled or altered. Certificates of Insurance are to list Augusta,Georgia Government,its
Officials, Officers and Employees as an Additional Insured (except for Workers' Compensation and
Professional Liability),ty), using ISO Additional Insured Endorsement form CG 20 10 (11/85) version, its'
equivalent or on a blanket basis.
The Contractor/Vendor insurance shall apply as Primary Insurance before any other insurance or self-
insurance,including any deductible,non-contributory,and Waiver of Subrogation provided in favor of
Augusta,Georgia Government.
Additional Insured under the General Liability,Auto Liability,Umbrella Policies(with exception of Workers
Compensation),with no Cross Suits exclusion.
If Augusta, Georgia Government shall so request, the Respondent, Contractor or Vendor will furnish
Augusta for its inspection and approval such policies of insurance with all endorsements, or confirmed
specimens thereof certified by the insurance company to be true and correct copies.
Such certificates and notices shall be sent to:
Augusta, Georgia Government—Procurement
535 Telfair Street—Suite 605
Augusta,Georgia 300901
Attention: Geri A. Sams
Relive 01/2019
RFP 18-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 75 of 180
SECTION 7
INSURANCE AND RISK MANAGEMENT PROVISIONS
The obligations for the Contractor/Vendor to procure and maintain insurance shall not be constructed to
waive or restrict other obligations.It is understood that neither failure to comply nor full compliance with the
foregoing insurance requirements shall limit or relieve the ContractorNendor from any liability incurred as a
result of their activities/operations in conjunction with the Contract and/or Scope of Work.
USE OF PREMISES
ContractorNendor shall confine its apparatus, the storage of materials and the operations of its workers to
limits/requirements indicated by law, ordinance, permits and any restrictions of Augusta, Georgia
Government and shall not unreasonably encumber the premises with its materials(Where applicable).
PROTECTIONOF PROPERTY
ContractorNendor will adequately protect its own work from damage, will protect Augusta, Georgia
Government's property from damage or loss and will take all necessary precautions during the progress of
the work to protect all persons and the property of others from damage or loss.
Contractor/Vendor shall take all necessary precautions for the safety of employees of the work and shall
comply with all applicable provisions of the Federal, State and local safety laws and building codes to
prevent accidents or injury to persons on,about,or adjacent to the premises where work is being performed.
ContractorNendor shall erect and properly maintain at all times as required by the conditions and progress
of the work, all necessary safeguards for the protection of its employees, Augusta,Georgia Government
employees and the public and shall post all applicable signage and other warning devices to protect against
potential hazards for the work being performed(Where applicable).
THE RESPONDENT ACKNOWLEDGES HAVING READ, UNDERSTANDING, AND
AGREES TO COMPLY WITH THE ABOVE STATEMENTS,AND IS AUTHORIZED TO SIGN
CONTRACTS ON BEHALF OF THE RESPONDING COMPANY.
t\
COMPANY: CSRA Probation Services, Inc SIGNATURE: 4-
NAME:
NAME: Ginny D. Kent _TITLE:Director of Operations
DATE:_,_„2AgL49.
Eflective 01/2019 RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 76 of 180
STATE OF GEORGIA
Secretary of State
Corporations Division
313 West Tower
2 Martin Luther King,Jr.Dr.
Atlanta,Georgia 30334-1530
ANNUAL REGISTRATION *Electronically Filed*
Secretary of State
Filing Date:1/8/2019 1:18:23 PM
o-
CONTROL NUMBER K740903
BUSINESS NAME C.S.R.A.PROBATION SERVICES,INC.
BUSINESS TYPE Domestic Profit Corporation
EFFECTIVE DATE 01/08/2019
ADDRESS 802-D Oakhurst Drive,Evans,GA,30809,USA
NAME ADDRESS COUNTY
f
Popplewell,Michael 802-D Oakhurst Drive Evans,GA 30809,Evans,GA,30809,USA Columbia
wq
NAME TITLE ADDRESS
Michael Popplewell SECRETARY 802-D Oakhurst Drive,Evans,GA,30809,USA
Michael Popplewell CEO 802-D Oakhurst Drive,Evans,GA,30809,USA
Michael Popplewell CFO 802-D Oakhurst Drive,Evans,OA,30809,USA
AUTHORIZER SIGNATURE Michael Popplewell
AUTHORIZER TITLE Officer
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CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 78 of 180
RFP SPECIFICATIONS
CONTRACT:
CSRA PROBATION SERVICES, INC.
G E. O R GIA
REQUEST FOR PROPOSAL: 19-180
Misdemeanor Probation Supervision Services
for
State Court
PROCUREMENT CONTACT: Geri A. Sams
LOCATION; AUGUSTA, GEORGIA DEPARTMENT OF PROCUREMENT
535 TELFAIR STREET, SUITE 605
AUGUSTA, GA 30901
RFP DUE DATE AND TIME: Friday, February 20, 2019 at 11:00 a.m.
RFP ISSUANCE DATE: Thursday, January 24, 2019
PRE-PROPOSAL/TELEPHONE CONFERENCE DATE: Friday, February 8, 2019 at 3:00 p.m.
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 80 of 180
Request for Proposal
Request for Proposals will be received at this office until Wednesday,February 20,2019 @ 11:00 a.m.for furnishing:
RFP Item#19-180 Misdemeanor Probation Supervision Services For Augusta,GA—State Court
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 Pre Proposal/Telephone Conference will be held on Friday, February 8, 2019, @ 3:00 p.m. in the
Procurement Department,535 Telfair Street,Room 605. If you choose to teleconference there is a$35.00 fee. Make
the$35.00 check payable to"Augusta Georgia Commission"and mail to Geri A.Sams,Director Augusta Procurement
Department 535 Telfair Street-Room 605 Augusta,Georgia 30901.
All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.Kov
to the office of the Procurement Department by Monday,February 11,2019 @ 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 bids have been opened,pending the execution of contract with
the successful bidder(s).
Request for proposals (RFP)and specifications. An RFP shall be issued by the Procurement Office and shall indude
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 waivable 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 their qualifications.
Correspondence must be submitted via mail,fax or email as follows:
Augusta Procurement Department
Attn: Geri A.Sams,Director of Procurement
535 Telfair Street,Room 605
Augusta,GA 30901
Fax: 706-821-2811 or Email:procbidandcontractCa augustaga.gov
GERI A.SAMS, Procurement Director
Publish:
Augusta Chronicle January 24,29,31,February 7,2019
Metro Courier January 24,2019
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 81 of 180
SECTIONS 1-10
INTRODUCTION 1-1
1.1 Project Description 1-1
1.2 Background 1-1
1.3 Augusta Objectives 1-2
1.4 Obtaining the RFP 1-2
1.5 Subcontracting Opportunities 1-2
1.6 Pre-proposal Conference 1-2
1.7 Delivery Requirements 1-3
1.8 Contact Person and Inquiries 1-3
1.9 Project Schedule 1-3
2.0 INSTRUCTIONS TO PROPOSERS 2-1
2.1 Procurement Process 2-1
2.2 Contract/Definitions 2-1
2.3 No Contact During Procurement Process 2-2
2.4 Clarification & Addenda 2-2
2.5 Term of Contract 2-4
2.6 Required Submittals 2-6
2.7 Proposal Evaluation 2-6
2.8 Disqualification of Proposers 2-6
2.9 Reserved Rights 2-6
2.10 Applicable Laws 2-7
2.11 Insurance and Risk Management Provisions 2-7
2.12 Accuracy of RFP and Related Documents 2-7
2.13 Responsibility of Proposer 2-7
2.14 Confidential Information 2-8
2.15 Augusta Rights and Options 2-8
2.16 Cost of Proposal Preparation and Selection Process 2-10
2.17 Termination of Negotiations 2-10
2.18 Wage Clause 2-10
2.19 Additional or Supplemental Information 2-10
2.20 Reporting Responsibilities 2-11
2.21 Georgia Security and Immigration Compliance Act 2-11
2.22 Authorization to Transact Business 2-11
2.23 Right to Protest 2-11
2.24 First Source Jobs Policy 2-12
2.25 Non-Collusion 2-12
2.26 Exceptions to Augusta's Contract 2-12
2.27 General Requirements 2-12
3.0 PROPOSAL REQUIREMENTS 3-1
3.1 Submission Requirements 3-1
3.1.1 Proposal Submission Date and Submittal Format 3-1
3.1.2 Number of Copies 3-2
3.2 Overview of Proposal Requirements 3-2
3.3 Scope of Work 3-2
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 82 of 180
3.4 Project Deliverables 3-7
3.5 Project Schedule 3-9
3.6 Technical Proposal Format and Content 3-10
3.7 Cost Proposal Format and Content 3-14
4.0 EVALUATION CRITERIA 4-1
4.1 Proposal Evaluation Criteria 4-1
5.0 PROPOSAL FORMS 5-1
6.0 CONTRACT COMPLIANCE REQUIREMENTS ...6-1
7.0 INSURANCE AND RISK MANAGEMENT PROVISIONS 7-1
8.0 SAMPLE CONTRACT 8-1
9.0 APPENDICES 9-1
EXHIBITS
Exhibit 1: Responsiveness Checklist
Exhibit 2: Requested Fee Schedule
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 83 of 180
SECTION 1
INTRODUCTION
1.1 PROJECT DESCRIPTION
Augusta, Georgia ("Augusta") is seeking a vendor to provide adult misdemeanor
probation supervision services to include the collection of fines and fees,
supervision of community service work, conducting of rehabilitative treatment
programs, electronic monitoring, and the enforcement of other court ordered
conditions. These services shall be provided with no cost to the State Court of
Richmond County.
Through the issuance of this Request for Proposal ("RFP" and/or "Proposals"),
Augusta is soliciting Proposals from qualified Proposers for the Misdemeanor
Probation Supervision Services.
Proposals provided in response to this RFP that comply with the submittal
requirements set forth in Section 4.0, including all forms and certifications, will be
evaluated in accordance with the criteria and procedures described in Section
5.0. Based on the results of the evaluation, Augusta will award the to the
most advantageous Proposer based on the cost and the evaluation factors set
forth in the RFP.
1.2 BACKGROUND
The supervision of adult misdemeanor offenders has been serviced through an in-
house probation office since 2016. We are currently seeking privatization with a
selected vendor to provide a comprehensive probation services program that
includes community service supervision, domestic violence counseling and DUI
offender rehabilitation. Furthermore, the supervision of misdemeanor offenders
has been instrumental in eliminating the backlog of probation revocation cases
awaiting hearing which has translated into a sizeable reduction of the misdemeanor
jail population.
1.3 STATE COURT OF RICHMOND COUNTY OBJECTIVES
The following are the Objectives for this project:
• To partner with a vendor that shall establish a comprehensive probation
services program that includes community service supervision, domestic
violence counseling and DUI offender rehabilitation.
• To reduce jail overcrowding and offender recidivism.
• Combine intensive supervision with proper treatment based programs that
would further enhance public safety.
• To ensure that all court ordered conditions are monitored and successfully
completed by offenders placed on probation.
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 84 of 180
1.4 OBTAINING THE RFP
This document and supporting documents can be downloaded at the
Augusta, Georgia Website, http://www.auqustaga.gov under"Bid Opportunities".
1.5 SUBCONTRACTING OPPORTUNITIES
Potential prime contractors submitting a bid on this project for Augusta, Georgia
and are seeking subcontractors and/or suppliers can advertise those
subcontracting opportunities on Augusta's website, http://www.auqustaga.gov
under "Subcontracting Bid Opportunities".
1.6 PRE-PROPOSAL/TELEPHONE CONFERENCE
Augusta will hold a Pre-Proposal Conference, on Friday, February 8, 2019 at
3:00 p.m., in the Procurement Conference Room of the Department of
Procurement, Augusta, Georgia Public Safety Building, Suite 605, 535 Telfair
Street, Augusta, Georgia 30901. Attendance at the Pre-Proposal Conference is
mandatory for responding to this RFP.
If you choose to teleconference there is a $35.00 fee. Make the $35.00 check
payable to "Augusta Georgia Commission" and mail to Geri A. Sams, Director
Augusta Procurement Department 535 Telfair Street-Room 605 Augusta, Georgia
30901 prior to Friday, February 8, 2019. The contact information will be provided
upon receipt of your payment.
The purpose of the Pre-Proposal Conference is to provide information regarding
the project and to address any questions and concerns regarding the services
sought by Augusta through this RFP.
1.7 PROPOSAL DUE DATE
All proposals are due in the Department of Procurement of Augusta, Georgia
located Department of Procurement , Augusta, Georgia , Suite 605, 535 Telfair
Street, Augusta, Georgia 30901, on or before Wednesday, February 20 2019 at
11:00 a.m. legal prevailing time. All submitted proposals shall be time and date
stamped according to the clock at the front desk of the Augusta, Georgia
Department of Procurement. Any proposals received after this appointed
schedule will be considered late and will be returned unopened to the Proposer.
The proposal due date can be changed only by addendum.
1.8 DELIVERY REQUIREMENTS
It shall be the sole responsibility of the Proposer to have his/her proposal delivered
to the Augusta, Georgia Department of Procurement for receipt on or before the
above stipulated due date and time. If a proposal is sent by U.S. Mail, the
proposer shall be responsible for its timely delivery to the Department of
Procurement.
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 85 of 180
1.9 CONTACT PERSON AND INQUIRIES
Any questions or suggestions regarding this RFP shall be submitted in writing to
the contact person, Geri A. Sams, Department of Procurement , Augusta,
Georgia , Suite 605, 535 Telfair Street, Augusta, Georgia 30901, Fax: (706) 821-
2811 or procbidandcontract adaugustaga.gov. Any response made by Augusta
shall be provided in writing to all Proposers by addendum. No verbal responses
shall be authoritative.
1.10 PROCUREMENT SCHEDULE
The following procurement projected schedule for this project.
TASKS ATE
RFP Issued an. 24, 29, 31, Feb. 7,
Pre-Proposal/Telephone Conference ebruary 8, 2019
Last Day for Questions to be submitted no later than ebruary 11, 2019
Due Date ebruary 20, 2019
Evaluation Meeting ebruary 25, 2019
Tentative Dates for Oral Interviews/Presentations ebruary 28,2018
'Anticipated Board of Commission/Committee Meeting BD
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 86 of 180
SECTION 2
INSTRUCTIONS TO PROPOSERS
2.1 PROCUREMENT PROCESS
The procurement process will be on a formally advertised basis. All technical
requirements, unless otherwise specified, must be met, or be capable of being
met by the Proposer or their proposal will be disqualified as being non-
responsive.
2.2 AGREEMENT AND DEFINITIONS
In addition to any other terms that may be defined in this solicitation, the following
terms have the following meaning:
Addendum — Revision to the RFP documents issued by Augusta prior to the
receipt of proposals.
Contract — refers to the executed contract between Augusta and Contracting
Entity.
Augusta—Augusta, Georgia Government and its authorized representatives.
Contact Person — Procurement staff designated by the Augusta, Georgia
Department of Procurement to submit any questions and suggestions to.
Offeror—the entity of individual submitting a proposal in response to this RFP.
Owner—Augusta, Georgia Government
Proposal—the document submitted by the offeror in response to this RFP.
Proposer—the entity or individual submitting a proposal in response to his RFP.
Request for Proposal (RFP) — all documents, whether attached or incorporated
by reference, utilized for soliciting sealed proposals.
Responsible Offeror — A person or entity that has the capability in all respects
to perform fully and reliably the contract requirements.
Responsive Offeror — A person or entity that has submitted a bid or proposal
that conforms in all material respects to the requirements set forth in the invitation
for bids or request for proposals.
Scope of Work — All the services specified, indicated, shown, or contemplated
by the Contract, and furnishing by the Contractor of all materials, equipment,
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 87 of 180
labor, methods, processes, construction and manufacturing materials and
equipment, tools, plants, supplies, power, water, transportation and other things
necessary to complete such services in accordance with the Contract.
Subcontractor — An individual, firm, corporation or any combination thereof,
having a direct contract with Contractor for the performance of a part of the work.
2.3 NO CONTACT DURING PROCUREMENT PROCESS
It is the policy of Augusta, Georgia that the evaluation and award process for
Augusta contracts shall be free from both actual and perceived impropriety,
and that contacts between potential vendors and officials, elected officials and
staff regarding pending awards of Augusta contracts shall be prohibited.
A. No person, firm, or business entity, however situated or composed,
obtaining a copy of or responding to this solicitation,shall initiate or continue
any verbal or written communication regarding this solicitation with any
officer, elected official, employee, or designated Augusta representative,
between the date of the issuance of this solicitation and the date of
Augusta Administrator's recommendation to the Board of Commissioners
for award of the subject contract, except as may otherwise be specifically
authorized and permitted by the terms and conditions of this solicitation.
B. All verbal and written communications initiated by such person, firm, or
entity regarding this solicitation, if same are authorized and permitted by
the terms and conditions of this solicitation, shall be directed to the
Procurement Director in writing to:.procbidandcontract(a.auqustaga.gov or
by fax at: (706)821-2811.
C. Any violation of this prohibition of the initiation or continuation of verbal or
written communications with Augusta officers, elected officials, employees,
or designated representatives shall result in a written finding by the
Procurement Director that the submitted bid or proposal of the person,
firm, or entity in violation is "non-responsive", and same shall not be
considered for award.
2.4 CLARIFICATION & ADDENDA
Proposers may submit requests for clarifications or interpretations regarding this
RFP and the Contract. Proposers must prepare such requests in writing for
Augusta's consideration as set forth in this section of this RFP. While Augusta
has not placed an initial limitation on the number of requests which can be
submitted, Proposers are cautioned that if Proposers do not request meaningful
clarifications or interpretations in an organized manner (e.g., limited frequency of
requests), Augusta will set restrictions on the frequency and number of requests
permitted. Augusta will not respond to requests, oral or written,
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 88 of 180
received after Monday, February 11, 2019 at 5:00 pm, local prevailing time.
Proposers are advised that this section places no obligation on the part of
Augusta to respond to any or all requests for clarification or interpretation, and that
Augusta's failure to respond to any such request will not relieve the Proposer of
any obligations or conditions required by this RFP.
Requests for clarification or interpretation regarding this RFP shall only be
submitted in writing (letter,fax or email)to:
Augusta, Georgia Department of Procurement
Attn: Geri A. Sams, Procurement Director
535 Telfair Street Suite 605
Augusta, Georgia 30901
Email:
p rocbidandcontractauq ustacga.gov
F: (706) 821-2811
RE: RFP 19-180, Misdemeanor Probation Supervision
Services
Telephone inquiries will not be accepted.
All responses to written requests for clarification, interpretation, or additional
information will be distributed as addenda to this RFP and posted on the Augusta,
Georgia website www.auqustaga.gov.
No oral interpretation, instruction, or information concerning this RFP given by
any employee or agent of Augusta shall be binding on Augusta. Proposers who
submit a Proposal in reliance on any such oral information risk having their
response to this RFP deemed non-responsive by Augusta. Only written responses
issued by addendum to this RFP should be considered by the Proposers.
During the period provided for the preparation of Proposals, Augusta may
issue addenda to this RFP. These addenda will be numbered consecutively and
will be posted on the Augusta, Georgia web site, www.auqustaga.gov. These
addenda will be issued by, or on behalf of, Augusta and will constitute a part of this
RFP. Each Proposer is required to acknowledge receipt of each addendum by
submitting an executed acknowledgment form. This acknowledgment shall
include all addenda distributed prior to the Proposal Submission Date. All
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responses to this RFP shall be prepared with full consideration of the addenda
issued prior to the Proposal Submission Date.
2.5 TERM OF CONTRACT
The initial term of the contract shall be for a one (1), three (3) year term, with two
(2), one (1) year renewal options.
The period of this Contract shall consist of a series of Terms as defined below.
Augusta is obligated only to pay such compensation under this Contract as may
lawfully be made from funds budgeted and appropriated for that purpose during
Augusta's then current fiscal year.
a. Commencement Term
The "Commencement Term" of this Contract shall begin on the date of
execution of the Contract in the year 2019, the starting date, and shall
end absolutely and without further obligation on the part of Augusta on the
31St day of December, 2021. The Commencement Term shall be subject to
events of termination and Augusta's termination rights that are described
elsewhere in this Contract. Notwithstanding anything contained in this
Contract, Augusta's obligation to make payments provided under this
Contract shall be subject to Augusta's annual appropriations of funds for
the goods, services, materials, property and/or supplies procured under
this Contract by Augusta's governing body and such obligation shall not
constitute a pledge of Augusta's full faith and credit within the meaning of
any constitutional debt limitation.
b. Renewal Terms
Unless the terms of this Contract are fulfilled with no further obligation of
the part of either party on or before the final date of the Commencement
Term as stated above, or unless an event of termination as defined within
this Contract occurs during the Commencement Term, this Contract may
be renewed at the written option of Augusta upon the approval of the
Augusta Board of Commissioners for three (3) one-year ("Renewal
Terms"). However, no Renewal Term of this Contract shall be authorized
nor shall any Renewal Term of this Contract commence unless and until
each Renewal Term has first been approved in writing by Augusta Board
of Commissioners for the calendar year of such Renewal Term. If
approved by the Augusta Board of Commissioners, the First Renewal
Term shall begin on the 1St day of January, 2022 and shall end no later
than the 31St day of December, 2022. If approved by t h e Augusta
Board of Commissioners, the Second Renewal Term shall begin on the
1st day of January, 2023 and shall end no later than the 31st day of
December, 2023. If chooses not to exercise any Renewal Term as
provided in this Section, then the Term of this Contract shall also be
deemed the "Ending Term" with no further obligation on the party of either
party.
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c. Term Subject to Events of Termination
All "Terms" as defined within this Section are subject to the section of this
Contract which pertain to events of termination and Augusta's rights upon
termination.
d. Same Terms
Unless mutually agreed upon in writing by the parties, or otherwise
indicated herein, all provisions and conditions of any Renewal Term shall
be exactly the same as those contained within in this Contract.
e. Statutory Compliance Regarding Purchase Contracts.
The parties intend that this Contract shall, operate in conformity with and
not in contravention of the requirements of O.C.G.A. § 36-60-13, as
applicable, and in the event that this Contract would conflict therewith,then
this Contract shall be interpreted and implemented in a manner consistent
with such statute.
2.6 REQUIRED SUBMITTALS
See Exhibit 1 for the RFP Submittal Checklist. This checklist will assist you to
ensure that all submittals are included in your proposal. Failure to submit all
submittals may deem your proposal non-responsive.
2.7 PROPOSAL EVALUATION
All proposals will be evaluated using the criteria specified in Section 4 of this RFP.
Selection will include an analysis of proposals by a Vendor Selection Committee
composed of Augusta personnel who will review the proposal submittals in
accordance with the submittal requirements and the evaluation criteria set forth in
Section 4 of this RFP. The committee may request oral interviews and/or site
visits. Awards will not necessarily be based on cost alone. Other factors, as
detailed in the RFP, will be considered in determining what proposal will be
deemed to best meet the needs of Augusta, Georgia.
2.8 DISQUALIFICATION OF PROPOSERS
The submission of more than one (1) proposal to Augusta as the primary
Proposer or member of a joint venture for the same work by an individual firm,
partnership or corporation under the same or different names may be grounds for
disqualification of a Proposer and the rejection of the proposal.
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2.9 RESERVED RIGHTS
Augusta reserves the right to accept or reject any and/or all proposals, to waive
irregularities and technicalities, and to request resubmission. Any sole response
that is received may or may not be rejected by Augusta depending on available
competition and timely needs of Augusta. There is no obligation on the part of
Augusta to award the contract to the lowest proposer and Augusta reserves the
right to award the contract to the responsible proposers submitting responsive
proposals with resulting Contracts most advantageous and in the best interest
of Augusta. Augusta shall be the sole judge of the proposals and the resulting
agreements that are in its best interest and its decision shall be final. Also, Augusta
reserves the right to make such investigation as it deems necessary to determine
the ability of any proposer to perform the work or service requested. Information
Augusta deems necessary to make this determination shall be provided by the
proposer. Such information may include, but shall not be limited to, current
financial statements by an independent CPA; verification of availability of
personnel; and past performance records.
2.10 APPLICABLE LAWS
All applicable laws and regulations of the State of Georgia and ordinances and regulations
of Augusta, Georgia shall apply. Protestors shall seek resolution of their complaints in the
manner provided in the Augusta, Georgia Code Article 9 Appeals Protests Laws and
Remedies which is incorporated by reference herein.
2.11 INSURANCE AND RISK MANAGEMENT PROVISIONS
Insurance and Risk Management provisions and Indemnification and Hold
Harmless provisions are outlined in Section 7 of this RFP.
2.12 ACCURACY OF RFP AND RELATED DOCUMENTS
Augusta assumes no responsibility that the specified technical and background
information presented in this RFP, or otherwise distributed or made available
during this procurement process, is complete or accurate. Without limiting the
generality of the foregoing, Augusta will not be bound by or be responsible for
any explanation or interpretation of the Proposal documents other than those given
in writing as an addendum to this RFP.
Should a recipient of this RFP find discrepancies in or omissions from this RFP
and related documents, the recipient of this RFP shall immediately notify the
pr Contact Person identified in Section 1.10 in writing at the following address:
Augusta, Georgia Department of Procurement, 535 Telfa i r Street, Suite
605 , Augusta , Georgia 30901 ,
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written addendum, if necessary, then it will be made available to each recipient
of this RFP.
2.13 RESPONSIBILITY OF PROPOSER
Each Proposer is encouraged to conduct all necessary investigations and review
all available and relevant data and information, which are necessary in its
judgment in order to assume this responsibility prior to the submittal of its Proposal.
Proposers are reminded of Augusta, Georgia's "No Contact During
Procurement" policy and shall only contact the person designated by the RFP.
2.14 CONFIDENTIAL INFORMATION
If any Proposal contains technical, financial, or other confidential information that
the Proposer believes is exempt from disclosure, the Proposer must clearly label
the specific portions sought to be kept confidential and specify on what the
exemption is based. Augusta, at its sole discretion and subject to applicable law,
will determine whether such exemption applies. Augusta has sole discretion to
make such determination regarding the disclosure of information, and by
responding to this RFP, Proposers waive any challenge to Augusta's decisions
in this regard. Marking all or substantially all of a Proposal as confidential may
result in the Proposer being deemed non-responsive to this RFP.
Notwithstanding the foregoing, Proposers recognize and agree that Augusta, its
staff, and its Contractors will not be responsible or liable in any way for any
losses that the Proposer may suffer from the disclosure of information or
materials to third parties.
2.15 AUGUSTA RIGHTS AND OPTIONS
This RFP constitutes an invitation to submit Proposals to Augusta. Without
limitation or penalty, Augusta reserves and holds at its sole discretion, the
following rights and options:
• This RFP does not obligate Augusta to select, procure or contract for any
services whatsoever.
• Augusta, Georgia reserves the right to award a contract based on this
RFP and the proposal(s) received (in whole or in part) to one or several
vendors.
• Augusta reserves the right to change or alter the schedule for any
events associated with this procurement and, if required, notify the
Proposers. A Proposer, by submitting a Proposal, agrees to be bound by
any modifications made by Augusta.
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• All costs incurred by a Proposer in connection with responding to this
RFP, the evaluation and selection process undertaken in connection with
this procurement, and any negotiations with Augusta will be borne by the
Proposer.
• Augusta reserves the right to reject all Proposals and components
thereof to eliminate all Proposers responding to this RFP from further
consideration for this procurement, and to notify such Proposers of
Augusta's determination.
• Augusta may cancel this RFP without the substitution of another RFP and
terminate this procurement at any time without any liability whatsoever.
• Augusta reserves the right to waive any technicalities or irregularities in the
Proposals.
• Augusta reserves the right to eliminate any Proposer who submits
incomplete or inadequate responses or is not responsive to the
requirements of this RFP.
• Augusta may request Proposers to send representatives to Augusta for
interviews and presentations.
• To the extent deemed appropriate by Augusta, Augusta may select and
enter into discussion and negotiations with the Proposer(s) submitting
Proposal(s), which are found to be reasonably susceptible for award.
• Augusta reserves the right to discontinue negotiations with any selected
Proposer.
• Augusta reserves the right, without prior notice, to supplement, amend, or
otherwise modify this RFP.
• All Proposals (other than portions thereof subject to patent or copyright
protection) become the property of Augusta and will not be returned, and
Augusta reserves the right to utilize all such information contained in the
Proposals without further cost to Augusta.
• Augusta may add to or delete from the Project Scope of Work set forth in
this RFP.
• Any and all Proposals not received by the Proposal Submission Date shall
be rejected and returned unopened.
• Neither Augusta, its staff, its representatives, nor any of its consultants
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or attorneys will be liable for any claims or damages resulting from the
solicitation, collection, review, or evaluation of responses to this RFP.
• Augusta, including its representatives and consultants, reserves the right
to visit and examine any of the facilities referenced in any Proposal and
to observe and investigate the operations of such facilities.
By responding to this RFP, Proposers acknowledge and consent to the rights
and conditions set forth in this RFP.
2.16 COST OF PROPOSAL PREPARATION AND SELECTION PROCESS
Each Proposal, including preparation of all information required to be included in
a Proposal pursuant to this RFP, shall be prepared at the sole cost and expense
(including, but not limited to, preparation and legal costs) of the Proposer. In
addition, the Proposer shall be solely responsible for all costs incurred
by such Proposer in connection with this selection process, including any
costs incurred by the Proposer in any subsequent negotiations entered
into in connection with developing the Proposal. There shall be no claims
whatsoever against the City, its staff, or its consultants for reimbursement
for the costs or expenses (including, but not limited to, any cost and legal
costs) incurred during the preparation of the Proposal or other information
required by this RFP or procurement process or in connection with the selection
process or any negotiations.
2.17 TERMINATION OF NEGOTIATIONS
Augusta at its sole discretion may, at any time, to the extent permitted by
Applicable Law, exclude a Proposer from further participation in any negotiation
process if Augusta determines that such Proposer is failing to progress in the
negotiations or if the terms of its Proposal are less advantageous than those of
other Proposers and such Proposer is deemed to be no longer susceptible of
selection. Augusta will give written notice of its decision to the Proposer, which
shall be sent in writing, signed by Augusta.
2.18 WAGE CLAUSE
Pursuant to 102-391, Each Contractor shall agree that in the performance of the
Contract he will comply with all lawful agreements, if any, which the Contractor had
made with any association, union, or other entity, with respect to wages, salaries,
and working conditions, so as not to cause inconvenience, picketing, or work
stoppage.
2.19 ADDITIONAL OR SUPPLEMENTAL INFORMATION
After receipt of the submittals, Augusta will evaluate the responses, including the
references, financial statements, experience and other data relating to the
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Respondent's qualifications. If requested by the Augusta, Georgia Department
of Procurement. Respondent's maybe required to submit additional or
supplemental information to determine whether the Respondent meets all of
the qualification requirements.
2.20 REPORTING RESPONSIBILITIES
The successful Proposer will report directly to the Board of Commission, or
designated representative.
2.21 GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT
This Request for Proposal is subject to the Georgia Security & Immigration
Compliance Act. Pursuant to the Georgia Security& Immigration Compliance
Act of 2006, as amended on May 11, 2009, bidders and proposers are notified
that all bids/proposals for services that are to be physically performed within
the State of Georgia must be accompanied by proof of their registration with
and continuing and future participation in the E- Verify program established
by the United States Department of Homeland Security. A completed
affidavit must be submitted on the top of the bid/proposal at the time of
submission, prior to the time for opening bids/proposals. Under state law,
Augusta cannot consider a n y bid/proposal which does not include a
completed affidavit. It is not the intent of this notice to provide detailed
information or legal advice concerning the Georgia Security & Immigration
Compliance Act. All bidders/proposers intending to do business with Augusta
are responsible for independently apprising themselves and complying with
the requirements of that law and its effect on Augusta procurements and their
participation in those procurements. For additional information on the E-Verify
program or to enroll in the program, go to: https://e-verify.uscis.gov/enroll.
See Section 5, Proposal Forms for declarations and affidavits.
2.22 AUTHORIZATION TO TRANSACT BUSINESS
If the Proposer is a Georgia corporation, the corporation, prior to contract
execution, shall submit documentary evidence from the Secretary of State
that the Corporation is in good standing and that the corporation is authorized
to transact business in the State of Georgia.
If the Proposer is a foreign (non-Georgia) corporation, the corporation,
prior to contract execution shall submit a Certificate of Authority and
documentary evidence from the Georgia Secretary of State of good standing
which reflects that the corporation is authorized to do business in the State
of Georgia.
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2.23 RIGHT TO PROTEST
Any actual bidder or offeror that has submitted a bid/proposal for a particular
procurement and is aggrieved in connection with the solicitation or award of
the contract shall protest in writing to the Procurement Director after the date
that the specific bid or proposal is submitted. No protest will be accepted or
considered prior to the date the specific bid or proposal is submitted; it will be
considered untimely. All protests shall set forth in full detail the factual and
legal bases for the protest and specific relief sought by the protestor. Protests
arising from factual or legal bases that the protestor knew or should have known
prior to the submission of the bid/proposal shall be made in writing to the
Procurement Director and shall be filed 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.
Untimely protests will not be considered by the Procurement Director and
will be simply denied as untimely. Decisions on timeliness by the Procurement
Director are not appealable. An oral protest or a protest to an official, employee,
User Department, or other person apart from the Director of Procurement &
Contract Compliance does not comply.
2.24 NON-COLLUSION
By submitting a signed proposal, Offeror certifies that there has been
no collusion with any other Offeror. Reasonable grounds for believing Offeror
has an interest in more than one proposal will result in rejection of all proposals
in which the Offeror has an interest. Any party to collusion may not be
considered in future proposals for the same or similar work. See Section
5, Proposal Forms for declarations and affidavits.
2.25 EXCEPTIONS TO AUGUSTA'S CONTRACT
If Offeror takes exception to any term or condition set forth in the Sample
Contract, see Section 8 of this RFP, and any of its exhibits, appendices or
attachments, said exceptions must be clearly identified in the response to this
RFP. Exceptions or modifications to any of the terms and conditions must
be submitted as a separate document accompanying the Offeror's proposal
clearly marked as "Exceptions."
Augusta shall be the sole determiner of the acceptability of any exception.
See Section 5, Proposal Forms for declarations and affidavits.
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A. GENERAL REQUIREMENTS Proposals may be withdrawn upon receipt of
a written request prior to the stated due date and time. If a firm seeks to
withdraw a proposal after the due date and time, the firm must present
a notarized statement indicating that an error was made, with an
explanation of how it occurred. The withdrawal request must be
accompanied by documentation supporting the claim. Prior to approving or
disapproving the request, an opinion will be obtained from Augusta, Georgia
's Legal Counsel indicating whether the firm is bound by its proposal.
Proposals submitted are not publicly available until after award by the City of
Augusta. All proposals and supporting materials as well as correspondence
relating to this RFP become property of the City of Augusta when received.
The City of Augusta is subject to the open records law and all information
submitted in proposals will be available to others upon request.
Proposals for projects that are solicited pursuant to the Georgia Local
Government Public Works Construction Law(O.C.G.A.§36-91-1 et seq.)
may be withdrawn as follows:
Augusta must advise Offerors in the request for proposals of the
number of days that Offerors will be required to honor their proposals. If
an Offeror is not selected within 90 days of opening the proposals, any
Offeror that is determined by the governmental entity to be unlikely of
being selected for contract award will be released from the proposal.
Augusta, Georgia shall be the sole judge of the quality and the applicability of
all proposals. Design, features, overall quality, local facilities, terms and other
pertinent considerations will be taken into account in determining acceptability.
The successful Offeror must assume full responsibility for delivery of all goods
and services proposed.
The successful Offeror must assume full responsibility for replacement of all
defective or damaged goods and/or performance of contracted services within
thirty (30) days' notice by Augusta of such defect, damage or deficiency.The
successful Offeror must assume full responsibility for providing warranty
service on all goods, materials, or equipment provided to Augusta with
warranty coverage. Should a vendor be other than the manufacturer, the vendor
and not Augusta is responsible for contacting the manufacturer. The Offeror is
solely responsible for arranging for the service to be performed.
B. The successful Offeror shall be responsible for the proper training and
certification of personnel used in the performance of the services proposed.
C. The successful Offeror shall not assign, transfer, convey, sublet, or otherwise
dispose of any contract resulting from the RFP or of any of its rights, title or
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interest therein without prior written consent of the Augusta, Georgia Board of
Commissioners.
D. In case of default by the successful Offeror, Augusta, Georgia may procure
the articles or services from another source and hold the successful Vendor
responsible for any resultant excess cost.
E. All proposals and bids submitted to Augusta, Georgia are subject to the
Georgia "Open Records Act", Official Code of Georgia, Annotated (O.C.G.A.)
§ 50-18-70 et seq.
F. All proposals and bids submitted to Augusta, Georgia involving Utility
Contracting are subject to the Georgia law governing licensing of Utility
Contractors, O.C.G.A. §43-14-8.2(h).
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SECTION 3
PROPOSAL REQUIREMENTS
3.1 SUBMISSION REQUIREMENTS
3.1.1 Proposal Submission Date and Submittal
Format
All Proposals, including all attachments, must be received by Augusta in a
sealed package no later than Wednesday, February 20, 2019 at
11:00 a.m. and must be addressed to:
Augusta, Georgia Department of Procurement
Attn: Geri Sams, Procurement Director
535 Telfair Street Suite 605
Augusta, Georgia 30901
Email:
procbidandcontract(a auqustaga.gov
F: (706)821-2811
RE: RFP 19-180, Misdemeanor Probation Supervision S ervices
The Proposal shall consist of a Technical Proposal, a Cost Proposal and all
documents listed on the Required Submittal Checklist (Exhibit 1). The
Technical Proposal shall include proposer information, technical information,
business- related information, and any Technical Proposal forms requested.
The Cost Proposal shall include the Cost Proposal Forms and any
information describing the basis for pricing and must be separately, sealed,
marked and packaged.
The required content of the Technical Proposal and Cost Proposal is further
specified in this section of the RFP. The Proposal must be signed and
acknowledged by the Proposer, including certain information to be provided
under oath as required under applicable law, in accordance with the
instructions herein and the various proposal forms.
THE TECHNICAL PROPOSAL, THE COST PROPOSAL AND CONTRACT
COMPLIANCE EXHIBITS SHALL BE SUBMITTED IN SEPARATE,
SEALED ENVELOPES OR PACKAGES. THE INCLUSION OF ANY COST
INFORMATION IN THE TECHNICAL PROPOSAL MAY RESULT IN SUCH
PROPOSAL BEING REJECTED BY AUGUSTA.
Each envelope or package shall be clearly marked as
follows:
REQUEST FOR PROPOSALS RFP
Project#and Title
[Technical or Cost Proposal] Proposer's Name and Address
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3.1.2 Number of Copies
Proposers shall submit the following:
Technical Proposal, one (1) original and five (5) copies on CD media or
thumb-drive in PDF format.
Contract Compliance Exhibits, one (1) original with the Technical
Proposal marked "Original"and one (1) copy in a separate sealed envelope.
Financial Information, one (1) original with the Technical Proposal marked
"Original" and one (1)copy in a separate sealed envelope.
Cost Proposal, one (1) original and one (1) copy in a separate sealed
envelope. All Proposals must be complete with all requested information.
3.2 OVERVIEW OF PROPOSAL REQUIREMENTS
Proposers shall submit Proposals in accordance with the content and format
requirements set forth in this RFP. Proposals should be clearly organized and
structured in a manner that allows materials included in the document to be
located easily.
Each of the instructions set forth in this section must be followed for a Proposal
to be deemed responsive to this RFP. In all cases, Augusta reserves the
right to determine, at its sole discretion, whether any aspect of the Proposal
meets the requirements set forth in this section. Augusta reserves the right
to reject' any Proposal, which in its judgment, does not comply with these
Proposal submission requirements.
3.3 SCOPE OF WORK
The vendor shall provide a Misdemeanor Probation Management system
that will:
a. Provide extensive misdemeanor probation management services for the
State Court of Augusta, Georgia.
b. Provide supervision and case management services for misdemeanor
offenders sentenced by Judicial Order in the State.
c. Provide specialized supervision for domestic violence offenders;
d. Provide specialized supervision for DUI offenders;
e. Provide and supervise community service programs;
f. Provide timely financial, offender and management reports;
g. Collect fines, fees and restitutions due the Augusta and victims;
h. Provide probation officers for each judicial officer;
i. Provide for the systemic monitoring of probationers;
j. Provide offenders with counseling referrals and professional guidance;
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k. Enforce probation conditions;
I. Provide a schedule for remittance to the courts of all fines, fees and
other costs due the courts;
m. Provide and staff a convenient location for probationers to report to
the management services company;
n. Provide a data link between the vendor and the courts via State Court's
electronic case management system;
o. Deliver monthly, written reports to the Court Administrator of State
Court, itemizing the amount each month collected in probation fees,
fines, surcharges and other costs per judge and the number of probation
violation warrants requested and issued;
p. Transition plan to supervise and acquire existing probation cases and
q. Plan to collect delinquent traffic citation fines.
2. The vendor will provide a program for intensive probation supervision
when required by Judicial Order.
3. The vendor will provide an alternative probation strategy for indigent
offenders sentenced to probation.
4. The vendor will utilize an approved electronic system for the following filings
submitted for Criminal cases filed in State Court:
a. Requests for issuance of arrest warrants for probation violations
b. Requests for scheduling of probation revocation hearings
c. Petitions for modification/revocation of probation
5. The vendor will provide to the State Court a case record management
system sufficient to insure the following:
a. Maintain individual files for each offender;
b. Provide appropriate security and confidentiality measures;
c. Provide reports with caseload and statistical information on
offenders at least monthly;
d. Make all files and records available within ten (10) days for
review; and
e. Comply with all confidentiality laws.
6. The vendor will employ a qualified staff that is acceptable and accessible to
the Courts.
7. The ratio of probation officers to probationers will be maintained at a
rate beneficial to conducting the business of the Courts.
8. The vendor will develop, implement and publish a system to measure
outcome and performance measures of a probation management system.
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9. The vendor will establish and be bound by a fee schedule for services
provided to the assigned probationers including, but not limited to:
a. Basic probation supervision
b. Electronic offender monitoring
c. Substance abuse detection screens
d. Intensive probation supervision
e. Pre-trial diversion program
f. Domestic violence intervention program
3.4 PROJECT DELIVERABLES
List any milestones, major project deliverables or project submittals with
specific due dates or time frames.
1. Identify what the quality expectations (outputs/outcomes or
performance standards) are for this project.
2. Explain how (and how often) deliverables or services will be monitored and
evaluated.
3. Explain the process that will be followed when the outputs / outcomes are
below performance standards.
3.5 PROJECT SCHEDULE
State Court requires that the selected vendor provide monthly reports
that show the following:
• Number of cases supervised
• Fines collected
• Fines converted to community service work
• Number of community service hours completed within the community
• Cases closed successfully
• Cases closed unsuccessfully
• Expired cases
• Revocations scheduled
• Warrants issued
3.6 TECHNICAL PROPOSAL FORMAT AND CONTENT
The Technical Proposal shall include the appropriate and requested information
in sufficient detail to demonstrate the Proposer's knowledge, skills and abilities
to provide requested services and will be reviewed and evaluated based on
each Proposer's responses to the criteria described below.
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The Technical Proposal shall be arranged and include content as described
below:
Section 1 - Executive Summary
The executive summary shall include the following information:
1. Provide the legal name of the entity responding to this proposal.
2. Provide the business type of the entity responding to this proposal (i.e.
Joint Venture, Partnership, etc.).
3. Include a brief statement of approach to the work, understanding of the
project's goals and objectives and demonstrated understanding of the
project's potential problems and concerns.
4. Name, address and telephone number of one (1) individual to whom all
future correspondence and/or communications will be directed.
Section 2— Project Plan or Project Approach
The Project Plan must address the management approach in completing the
work identified in Section 3.3 Scope of Work. At a minimum, the plan must
identify all major tasks, when the major tasks will start and finish, planned
reviews of work associated with each major task, project completion date, and
any other information that shall assist in the planning and tracking this project
successfully. Describe methodologies including best practices and benchmarks
to be used.
Section 3 — Project Team Qualifications/ Qualifications of Key
Personnel
The Project Manager must have a minimum of five (5) years' experience in
corrections, parole, or probation services as established by Title 42 of the
Official Code of Georgia Annotated. All proposed key personnel must have at
least a minimum of three (3) years' work experience with offender
management. Please submit resumes for the Key Personnel that shall be
involved with this project and each resume should be limited to no more than
two (2) pages per person and be organized according to the following:
• Name and Title
• Education
• Professional Background
• Current and Past Relevant Experience
• Relevant Training
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• Previous Work Experience related to offender supervision or
probation management in the State of Georgia
• Include two (2) references for each key personnel member on
similar projects.
• Include t h e role and responsibilities that each key personnel
member will perform on this project.
Any staff member that shall function as a private probation officer must meet
the minimal qualifications as established by Title 42 of the Official Code of
Georgia Annotated. According to Code Section 42-8-102, the requirements
are as follows:
• Must be 21 years of age at the time of appointment;
• Must have completed a standard two-year college course or have four
years of law enforcement experience;
• Must complete the initial 40 hours of orientation upon employment and the
20 hours of continuing education per annum as approved by Augusta and
Municipal Probation Advisory Council of the State of Georgia.
• No person shall be allowed to serve as a probation officer if that person
has been convicted of a felony offense.
Section 4-Availability of Key Personnel
(1) Percentage of time key personnel will spend on this project
(2) Current workload of key personnel
Section 5—Personnel
Provide a proposed organizational chart and staffing plan, indicating
organizational structure, number of management, staff employee positions by
division, full-time or part-time status of each employee, salary, and benefit
schedules for each employee classification. The staffing plan should describe
the skills and experience required of each of the employees, and the overall
training program that will be implemented to insure that all personnel meet
satisfactory standards of knowledge. The plan must also address strategies
that will be adopted for recruitment and retention of Augusta, Georgia
employees. The plan must also include a work schedule for key managers to
ensure that there are a sufficient number of key managers on property during
AM and PM peak periods including AM and PM pull out.
Section 6-Local Preference— Augusta Code Sec. 1-10-6
Local Preference is given to businesses that have a business location within the
geographic boundaries of Augusta, Georgia. The term business location means that
the business has a staffed,fixed, physical place of business located within Augusta,
Georgia.
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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.
In order to receive the Local Preference points of five (5) points the Proposer
must meet one (1) of the following criteria, provide supporting documentation as
required and certify under oath that it is eligible to receive the local preference
points by signing and submitting Form E, Local Preference Affidavit located in
Section 5 of this RFP.
The Proposer must indicate which one (1) of the following criteria they will utilize
in order to receive local preference:
1. Business having a business location within the geographic boundaries of
Augusta, Georgia.
The following supporting documentation must be provided:
• Copy of occupational tax certificate (business license) from
Augusta, Georgia or a city located within Augusta, Georgia , or;
• Copy of a lease or rental agreement, or;
• Proof of ownership interest in a location within the geographical
boundaries of Augusta, Georgia .
1. Businesses where at least fifty-one percent (50%) of the owners of the business
are residents of Augusta, Georgia b u t the business is located outside of
Augusta,Georgia .
The following supporting documentation must be provided:
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• Provide the residential address of the business owner(s).
2. Businesses where at least fifty-one percent(50%)of the employees of the business
are residents of Augusta, Georgia b u t the business is located outside of
Augusta, Georgia.
The following supporting documentation must be provided:
• Provide a list of all employees name and address.
Failure to provide the required supporting documentation with your proposal
submittal shall result in your firm receiving a "0" (zero) for Local Preference. In
the event the affidavit or other declaration under oath is determined to be false,
such business shall be deemed "non-responsive" and shall not be considered for
award of the applicable contract.
Section 7— Cost
The respondent with the lowest total cost will receive the full 20 points. For
respondents with the second, third, fourth, etc., their total costs will be divided
into the lowest cost and multiplied by 20, the total points allowed for cost.
Augusta has established the following formula to evaluate cost proposals for
Request for Proposals(RFP):
Lowest cost submitted divided by Each successive cost multiplied by Points
allocated for cost in RFP = Cost proposal score
Augusta will determine responsibility based on the following criteria for the
proposer recommended by the Evaluation Committee:
Section 8—Past Performance/Relevant Project Experience
Identify three (3) projects where the Proposer has performed projects similar in
size and scope with entities comparable to the Superior, State, and Magistrate
Court of Augusta, Georgia within the past three (3) years. Limit your response to
one (1) page per project; please provide the following information for each project:
• The name of the court, judges, year services -performed and
the project location.
• A description of the project.
• A reference, including a contact name, addresses and phone
number. This reference should be the Chief Judge, Court
Administrator, or Clerk of Court who was in charge of the project
for the court.
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Section 9—Proposer Financial Information
It is the policy of Augusta to conduct a review of a firm's financial responsibility
in order to determine the firm's capability to successfully perform the work.
If submitting as a Joint Venture, Partnership, Limited Liability Corporation or
Limited Liability Partnership, the financials must be submitted for each entity
that comprises the prime contractor.
The following documentation is required in order for Augusta to evaluate
financial responsibility:
(1) Provide your firm's most recent balance sheets.
(2) Provide your firm's most recent Dun & Bradstreet, Value Line
Reports or other credit ratings/report.
(3) Identify any evidence of access to a line or I e tt e r of c r e d it.
The evidence must be provided by a financial institution.
(4) Provide a sworn statement that your firm has not filed petition(s)
for federal bankruptcy or state insolvency. The statement must be
notarized.
Section 10—Disclosure Form and Questionnaire
It is the policy of Augusta, Georgia to review the history of litigation of
each Proposer that includes bankruptcy history, insolvency history, civil and
criminal proceedings, judgments and termination for cause in order to
determine whether a firm's business practices, legal practices and overall
reputation in the industry is one that would be acceptable to perform work for
Augusta, Georgia . The Disclosure Form and Questionnaire is provided in
Section 5, Proposal Forms, Form D.
3.5 COST PROPOSAL FORMAT AND CONTENT
The Cost Proposal shall be provided in a separate sealed envelope. The
Cost Proposal shall include current information and shall be arranged and
include content as described below:
Section 1 -Introduction
The Proposer shall include an introduction which outlines the contents of
the Cost Proposal.
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Section 2 - Completed Cost Proposal Forms
The Proposer is required to complete all of the Cost Proposal Forms provided.
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EXHIBIT 2
MISDEMEANOR PROBATION SUPERVISON SERVICES
REQUESTED FEE SCHEDULE
Respondents must provide cost for each of the services description items listed
below to be considered for evaluation for an award. Failure to do so will deem
our res•onse "Non-Res.onsive and Non-res••nsible".
Item SERViCE UNIT OF COST OF EXTENDED
No. DESCRIPTION MEASURE SERVICE COST
1 Standard Probation Per month $ $
Supervision
2 Intensive Probation Per month $ $
Supervision
3 Community Service Work Per hour $ $
Coordination
4 Community Service Work Per hour $ $
Coordination/Supervision
5 Substance Abuse Detection Per drug $ $
Screens (Drug Screens) screen
6 Electronic Monitoring Per day $ $
7 Remote Alcohol Monitoring Per day $ $
8 Domestic Violence Per Session $ $
Counseling
9 Anger Management Per Session $ $
10 Substance Abuse Treatment Per $ $
Assessment Assessment
11 Job Placement Per Session $ $
12 Financial Responsibility Per Session $ $
13 Client Training Materials for Per Book $ $
14 Pretrial Diversion Per Month $ $
15 Bond Supervision Per Month $ $
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Please provide any additional services that may be offered along with the
costs associated with each service. Only the above listed Items will be
considered during the initial evaluation for an award. All additional Services
will onl be considered if an award is made.
Service Description UNIT OF COST OF EXTENDED COST
MEASURE SERVICE
$ $
$ $
$ $
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SECTION 4
EVALUATION CRITERIA
4.1 PROPOSAL EVALUATION —SELECTION CRITERIA
The following criteria will be used to evaluate the proposals submitted in response to
this RFP:
Project Plan/Approach to Work 40%
Qualifications of Key Personnel 10%
Relevant Project Experience/ Past 13%
Performance
Availability of Key Personnel 10%
Local Small Business Preference 7%
Cost Proposal 20%
100%
TOTAL POINTS
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SECTION 5
PROPOSAL FORMS
5.1 INTRODUCTION
To be deemed responsive to this RFP, Proposers must provide the information
requested and, where applicable, complete in detail all Proposal Forms. The
appropriate individual(s) authorized to commit the Proposer to the Project must
sign the Proposal Forms. As appropriate, Proposers shall reproduce each
Proposal Form and complete the appropriate portions of the forms provided in
this section.
Form A: Georgia Security and Immigration Contractor Affidavit/Agreement
Form B: Georgia Security and Immigration Subcontractor Affidavit
Form C: Disclosure Form and Questionnaire
Form D: Professional License
Form E: Local Small Business Affidavit of Bidder/Offeror
Responsiveness Checklist
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5.2 PROPOSAL FORMS DESCRIPTION
Georgia Security and Immigration Contractor Affidavit and Contract
Proposer shall complete and submit Form A, in order to comply with the
requirements of O.C.G.A. 13-10-91 and the Georgia Department of Labor Rule
300-10-01-.02.
Georgia Security and Immigration Subcontractor Affidavit
Proposer shall ensure that any and all subcontractor(s), that will be utilized for
this project shall complete and submit Form B, Subcontractor Affidavit.
Disclosure Form and Questionnaire
The offerors and their joint venture partners or team members and first-tier
subcontractors, shall complete and submit Form C, which requests disclosure of
business and litigation.
Professional License
Proposer and any subcontractor(s) performing work required by state law to be
licensed shall complete and submit Form D and attach a copy of their license
for the work they will perform on this project.
Local Business Affidavit of Bidder/Offeror
Proposer shall complete and submit Form E, which certifies that the Proposer is
eligible to receive local preference points.
Service Disabled Veteran Preference Affidavit of Bidder/Offeror
Proposer shall completer and submit Form F, which certifies that the Proposer
is certified as Service Disabled Veteran Business Enterprise ("SVDBE") by
Augusta's Office of Contract Compliance.
EXHIBIT 1
Responsiveness Checklist
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FORM A: GEORGIA SECURITY AND IMMIGRATION CONTRACTOR
AFFIDAVIT
Instructions•
Contractors must attest to compliance with the requirements of O.C.G.A 13-10-
91 and the Georgia Department of Labor Rule 300-10-01-.02 by executing the
Contractor Affidavit.
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STATE OF GEORGIA
AUGUSTA, GEORGIA
FORM A: GEORGIA SECURITY AND IMMIGRATION CONTRACTOR AFFIDAVIT AND
AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.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 [insert name of prime contractor]
on behalf of fpgusta. Georaia
Government has registered with and is participating in a federal work authorization program*,2
in accordance with the applicability provisions and deadlines established in O.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 to this contract with Augusta.Georaia
Government, contractor will secure from such subcontractor(s) similar 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. Contractor further agrees to maintain records of such
compliance and provide a copy of each such verification to the Augusta.Georaia Government
at the time the subcontractor(s) is retained to perform such service.
EEV/Basic Pilot Program* User Identification Number
BY: Authorized Officer of Agent
(Insert Contractor Name)
Title of Authorized Officer or Agent of Contractor
Printed Name of Authorized Officer or Agent
Sworn to and subscribed before me this day of , 20 . Notary Public:_
City:
Commission Expires:
'O.C.G.A.§ 13-10-90(4),as amended by Senate Bill 160,provides that`physical performance of services"means any performance of labor or
services for a public employer(e.g.,Augusta,Georgia)using a bidding process(e.g., ITB, RFQ,RFP,etc.)or contact wherein the labor or
services exceed$2,499.99,except for those individuals licensed pursuant to title 26 or Title 43 or by the State Bar of Georgia and is in good
standing when such contract is for service to be rendered by such individual.
2*[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].
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Under penalty of perjury, I declare that I have examined this certification and all attachments
hereto, if applicable, to the best of my knowledge and belief, and all statements contained
hereto are true, correct, and complete.
On this day of , 20
(Legal Name of Proponent) (Date)
(Signature of Authorized Representative) (Date)
(Title)
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FORM B: GEORGIA SECURITY AND IMMIGRATION SUBCONTRACTOR AFFIDAVIT
1=ctjoo=
In the event that your company is awarded the contract for this project, and will be utilizing
the services of any subcontractor(s) in connection with the physical performance of services
pursuant to this contract, the following affidavit must be completed by such
subcontractor(s). Your company must provide a copy of each such affidavit to Augusta,
Georgia Government, Department of Procurement & Contract Compliance with the
proposal submittal.
All subcontractor affidavit(s) shall become a part of the contract and all subcontractor(s)
affidavits shall be maintained by your company and available for inspection by Augusta,
Georgia Government at any time during the term of the contract. All
Subcontractor(s) affidavit(s) shall become a part of any contractor/subcontractor
agreement(s) entered into by your company.
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STATE OF GEORGIA
AUGUSTA, GEORGIA
FORM B: GEORGIA SECURITY AND IMMIGRATION SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with
O.C.G.A. 13-10-91, stating affirmatively that the individual, firm or corporation which is
engaged in the physical performance of services3 under a contract with [insert name of
prime contractor] behalf of
&wallXaggralaSagyanmuLhas registered with and is participating in a federal
work authorization program*,4 in accordance with the applicability provisions and
deadlines established in O.C.G.A. 13-10-91.
EEV/Basic Pilot Program* User Identification Number
BY: Authorized Officer of Agent
(Insert Subcontractor Name)
Title of Authorized Officer or Agent of Subcontractor
Printed Name of Authorized Officer or Agent
Sworn to and subscribed before me this__ day off , 20
Notary Public:
City:
Commission Expires:
30.C.G.A.§ 13-10-90(4), as amended by Senate Bill 160, provides that "physical performance of services" means any performance of labor or
services for a public employer(e.g.,Augusta,Georgia)using a bidding process(e.g., TIB, RFQ,RFP,etc.)or contract wherein the labor or services
exceed$2,499.99,except for those individuals licensed pursuant to title 26 or Title 43 or by the State Bar of Georgia and is in good standing when
such contract is for service to be rendered by such individual.
4*[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].
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Form C: OFFEROR'S DISCLOSJJRE FORM AND QUESTIONNAIRE
1. Please provide the names and business addresses of each of the Offeror's firm's
officers and directors.
For the purposes of this form, the term "Offeror" means an entity that responds to
a solicitation for an Augusta contract by either submitting a proposal in response
to a Request for Proposal or a Request for Qualification or a Bid in response to
an Invitation to Bid. Describe accurately, fully and completely, their respective
relationships with said Offeror, including their ownership interests and their
anticipated role in the management and operations of said Offeror.
2. Please describe the general development of said Offeror's business during the
past five (5) years, or such shorter period of time that said Offeror has been in
business.
3. Please state whether any employee, agent or representative of said Offeror who
is or will be directly involved in the subject project has or had within the last five
(5) years: (i) directly or indirectly had a business relationship with Augusta, Georgia
(ii) directly or indirectly received revenues from Augusta, Georgia ; or (iii) directly
or indirectly receives revenues from the result of conducting business on
Augusta, Georgia property or pursuant to any contract with Augusta, Georgia.
Please describe in detail any such relationship.
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ATION DISCLOSURE:
Failure to fully and truthfully disclose the information required, may result in the
disqualification of your bid or proposal from consideration or termination of the Contract,
once awarded.
1. Please state whether any of the following events have occurred in the last five (5)
years with respect to said Offeror. If any answer is yes, explain fully the
following:
(a) whether a petition under the federal bankruptcy laws or state insolvency
laws was filed by or against said Offeror, or a receiver fiscal agent or
similar officer was appointed by a court for the business or property of said
Offeror;
Circle One: YES NO
(b) whether Offeror was subject of any order, judgment, or decree not
subsequently reversed, suspended or vacated by any court of competent
jurisdiction, permanently enjoining said Offeror from engaging in any type
of business practice, or otherwise eliminating any type of business
practice; and
Circle One: YES NO
(c) whether said Offeror's business was the subject of any civil or criminal
proceeding in which there was a final adjudication adverse to said or
Offeror, which directly arose from activities conducted by the business unit
or corporate division of said Offeror which submitted a bid or proposal for
the subject project. If so please explain.
Circle One: YES NO
2. Have you or any member of your firm or team to be assigned to this engagement
ever been indicted or convicted of a criminal offense within the last five (5)
years?
Circle One: YES NO
3. Have you or any member of your firm or team been terminated (for cause or
otherwise) from any work being performed for Augusta, Georgia or any other
Federal, State or Local Government?
Circle One: YES NO
4. Have you or any member of your firm or team been involved in any claim or
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litigation adverse to Augusta, Georgia or any other federal, state or
local government, or private entity during the last three (3) years?
Circle One: YES NO
5. Has any Offeror, member of Offeror's team, or officer of any of them (with
respect to any matter involving the business practices or activities of his or her
employer), been notified within the five (5) years preceding the date of this offer
that any of them are the target of a criminal investigation, grand jury investigation,
or civil enforcement proceeding?
Circle One: YES NO
If you have answered "YES" to any of the above questions, please indicate the name(s)
of the person(s), the nature, and the status and/or outcome of the information,
indictment, conviction, termination, claim or litigation, the name of the court and the file
or reference number of the case, as applicable. Any such information should be
provided on a separate page, attached to this form and submitted with your proposal.
NOTE: If any response to any question set forth in this questionnaire has been
disclosed in any other document, a response may be made by attaching a copy of
such disclosure. (For example, said Offeror's most recent filings with the
Securities and Exchange Commission ("SEC") may be provided if they are
responsive to certain items within the questionnaire.) However, for purposes of
clarity, Offeror should correlate its responses with the exhibits by identifying the
exhibit and its relevant text.
Disclosures must specifically address, completely respond and comply with all
information requested and fully answer all questions requested by Augusta, Georgia .
Such disclosure must be submitted at the time of the bid or proposal submission and
included as a part of the bid/proposal submitted for this project. Disclosure is required
for Offerors,joint venture partners and first-tier subcontractors.
Failure to provide required disclosure, submit officially signed and notarized documents
or respond to any and all information requested/required by Augusta, Georgia can result
in the bid/proposal declared as non-responsive. This document must be completed
and included as a part of the bid/proposal package along with other required documents.
[SIGNATURES ON NEXT PAGE]
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Under penalty orlf perjury, I declare that I have examined this questionnaire and all
attachments hereto, if applicable, to the best of my knowledge and belief, and all
statements contained hereto are true, correct, and complete.
On this_ day of , 20
(Legal Name of Proponent) (Date)
(Signature of Authorized Representative) (Date)
(Title)
Sworn to and subscribed before me,
This day of , 20
(Notary Public) (Seal)
Commission Expires _
(Date)
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FORM D: GEORGIA PROFESSIONAL LICENSE CERTIFICATION
NOTE: Please complete this form for the work your firm will perform on this project.
Contractor's Name:
Performing work as: Prime Contractor Sub-Contractor
Professional License Type:
Professional License Number:
Expiration Date of License:_
I certify that the above information is true and correct and that the classification noted is applicable to the
Bid for this Project.
Signed: _
Date:
(ATTACH COPY OF LICENSE)
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STATE OF GEORGIA
AUGUSTA,GEORGIA
FORM E: LOCAL PREFERENCE AFFIDAVIT OF BIDDER/OFFEROR
I hereby certify that pursuant to Augusta, Georgia Code Section Code§1-10-6, the Bidder/Offeror
is eligible to receive local preference points and has a staffed, fixed, physical, place of business
located within Augusta, Georgia and has had the same for at least six (6) months prior to the date
of submission of its proposal or bid and has held a valid business license from Augusta, Georgia or
a city within Augusta, Georgia boundaries for the business at a fixed, physical, place of business,
for at least six(6) months prior to the date of submission of its proposal or bid.
Affiant further acknowledges and understands that pursuant to Augusta, Georgia Code Section
Code § 1-10-6, in the event this affidavit is determined to be false, the business named herein shall
be deemed "non-responsive"and shall not be considered for award of the applicable contract.
(Affix corporate seal here, if a corporation)
(BUSINESS NAME)
(AUGUSTA, GEORGIA BUSINESS ADDRESS)
(OFFICIAL TITLE OF AFFIANT)
(NAME OF AFFIANT)
(SIGNATURE OF AFFIANT)
Sworn to and subscribed before me this day of _, 20
Notary Public:
City:
Commission Expires:
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RESPONSIVENESS CHECKLIST EXHIBIT 1
Proposer Name:
#19-180 Misdemeanor Probation Supervision Services
E-Verify Number:
A complete proposal package will consist of the items identified below. Proposers must complete
this checklist to confirm the items are included in the proposal, and return this checklist with the
proposal package. Place a check mark or "X" next to each item that is being submitted with the
proposal. For the proposal to be responsive, all required attachments must be returned.
Proposer Augusta
Proposer Requirements Completed Completed
1. One(1) hard-copy of Proposal marked 'Original",and five(5) 0 0
copies of CD's or Thumb-drives
2. *Form A: Georgia Security and Immigration Contractor 0 0
Affidavit(s)and Contracts
Note: If prime contractor is a joint venture,partnership, or LLC,
each member of the entity must submit an affidavit
3. Form B: Georgia Security and Immigration Subcontractor 0 p
Affidavit(s)
4. Technical Proposal p 0
5. Cost Proposal(submitted in a separate sealed envelope) 0 0
6. Financial Information (Submitted in a separate sealed envelope) 0 0
7. Acknowledgement of each Addendum 0 0
8. Procurement Forms p
O Form C: Disclosure Form&Questionnaire
❑ Form D: Professional License
❑ Form E: Local Preference Affidavit of Bidder/Offeror
9. Office of Contract Compliance Requirements(separate 0 0
envelope)
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10. Evidence of Insurability, proposer must submit one(1)of the ❑ 0
following:
❑ Letter from insurance carrier
❑ Certificate of Insurance
❑ An umbrella policy in excess of required limits for the this
project
11. Verify that Proposer is registered wlGeorgia Secretary of State 0 0
and attach a copy of print out to this form
12.Verify Georgia Utility License Number and attach a copy of print 0 ❑
out for each Proposer(If applicable)
k
13. Verify Professional License and attach a copy of the print out for 0 0
each Proposer(If applicable)
14. Verify if Proposer submitted Contract Exceptions. If yes, 0 0
Procurement Director please forward a copy of the
Contract Exceptions to the Procurement Director
immediately
15. Provide a proposed organizational chart and staffing plan, indicating
organizational structure, number of management, staff employee positions 0 0
by division,full-time or part-time status of each employee,salary,and benefit
schedules for each employee classification. The staffing plan should
describe the skills and experience required of each of the employees, and
the overall training program that will be implemented to insure that all
personnel meet satisfactory standards of knowledge. The plan must also
address strategies that will be adopted for recruitment and retention of
Augusta,Georgia employees.The plan must also include a work schedule
for key managers to ensure that there are a sufficient number of key
managers on property during AM and PM peak periods including AM and
PM pull out.
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 127 of 180
SECTION 6
CONTRACT COMPLIANCE REQUIREMENTS
6.1 NON-DISCRIMINATION IN PROCUREMENT AND CONTRACTING
It is the policy of Augusta, Georgia Government that discrimination against businesses
by reason of the race, color, gender or national origin of the ownership of any such
business is prohibited. Furthermore, it is the policy of the Board of Commissioners
("Board") that Augusta, Georgia and all vendors and contractors doing business with
Augusta, Georgia shall provide to all businesses the opportunity to participate in
contracting and procurement paid, in whole or in part, with monetary appropriations of
the Board without regard to the race, color, gender or national origin of the ownership of
any such business. Similarly, it is the policy of the Board that the contracting and
procurement practices of Augusta, Georgia should not implicate Augusta, Georgia as
either an active or passive participant in the discriminatory practices engaged in by
private contractors or vendors seeking to obtain contracts with Augusta, Georgia .
Implementation of Equal Employment Opportunity (EEO) Policy
Pursuant to Augusta, Georgia Code section §102-391, Equal Opportunity Clause,
Augusta effectuates Equal Employment Opportunity. This policy considers racial and
gender workforce availability. The availability of each workgroup is derived from the
work force demographics set forth in the 2010 Census EEO file prepared by the United
States Department of Commerce for the applicable labor pool normally utilized for the
contract.
Monitoring of EEO Policy
Upon award of a contract with Augusta, Georgia , the successful bidder/proposer
must complete Exhibit B, Equal Employment Opportunity Report ("EEOR"), describing
the racial and gender make-up of the firm's work force. If the EEOR indicates that the
firm's demographic composition indicates underutilization of employee's of a particular
ethnic group for each job category,the EEOR will be submitted to the Division of Diversity
and Civil Rights Compliance for further action.
6.2 EQUAL BUSINESS OPPORTUNITY PLAN (EBO PLAN)
In addition to the proposal submission requirements, each vendor,must submit an
Equal Business Opportunity Plan (EBO Plan) with their bid/proposal. The EBO Plan is
designed to enhance the utilization of a particular racial, gender or ethnic group by a
bidder/proposer, contractor, or vendor or by Augusta, Georgia . The respondent must
outline a plan of action to encourage and achieve diversity and equality in the available
procurement and contracting opportunities with this solicitation.
The EBO Plan must identify and include:
1. Potential opportunities within the scope of work of this solicitation that will allow
for participation of racial, gender or ethnic groups.
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 128 of 180
2. Efforts that will be made by the bidder/proposer to encourage and solicit minority
and female business utilization in this solicitation.
6.3 DETERMINATION OF GOOD FAITH EFFORTS
In accordance with Augusta, Georgia Code Section §102-426, the Prime Contractor
must demonstrate that they have made all efforts reasonably possible to ensure that
Minority and Female Business Enterprises (MFBE) have had a full and fair opportunity
to compete and win subcontracts on this project. The Prime Contractor is required
to include all outreach attempts that would demonstrate a "Good Faith Effort" in the
solicitation of subcontractors.
Written documentation demonstrating the Prime Contractor's outreach efforts to identify,
contact, contract with or utilize Minority or Female owned businesses shall include
holding pre-bid conferences, publishing advertisements in general circulation media,
trade association publications, minority-focused media, and Augusta's bid board, as well
as other efforts.
Include a list of publications where the advertisement was placed as well as a copy of
the advertisement. Advertisement shall include at a minimum, scope of work, project
location, location(s) of where plans and specifications may be viewed or obtained and
trade or scopes of work for which subcontracts are being solicited.
6.4 PROMPT PAYMENT
The prime contractor must certify in writing and must document that all subcontractors,
sub-contractors have been promptly paid for work and materials, (less any retainage
by the prime contractor prior to receipt of any further progress payments). In the event
the prime contractor is unable to pay sub-contractors or suppliers until it has received
a progress payment from Augusta, Georgia , the prime contractor shall pay all
subcontractors or suppliers funds due from said progress payment within ten days (10)
of receipt of payment from Augusta, Georgia . In no event shall a subcontractor or
supplier be paid later than ten (10) days as provided for by state
6.5 REQUIRED FORMS (To be submitted with Technical Proposal)
In order to be compliant with the intent and provisions of the Augusta, Georgia
Non- Discrimination in Procurement and Contracting Policy, bidders/proposers must
submit the following completed documents with the Technical Proposal.
• Exhibit A— Promise of Non-Discrimination
• Exhibit C—Schedule of Intended Subcontractor Utilization
The following documents must be completed as instructed if awarded the project:
• Exhibit B — Equal Employment Opportunity Report (EEOR)
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 129 of 180
• Exhibit D — Letter of Intent to Perform as a Subcontractor or Provide
Materials or Services (To be submitted only by sub-contractors)
consultant/suppliers of winning Prime prior to contract execution)
• Exhibit E — Prime Contractor's Subcontractor Utilization Report (To be
submitted monthly with pay applications)
All Contract Compliance documents Exhibits A, C and the EBO Plan) are to be placed
in a separate sealed envelope clearly marked "CONTRACT COMPLIANCE". These
documents are considered part of and must be submitted with the Technical Proposal.
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 130 of 180
EXHIBIT A— PROMISE OF NON-DISCRIMINATION
"Know all persons by these presents, that I/We( ),
Name
Title Firm Name
Hereinafter "Company", in consideration of the privilege to bid on or obtain contracts funded, in
whole or in part, by Augusta, Georgia, hereby consent, covenant and agree as follows:
1) No person shall be excluded from participation in, denied the benefit of, or otherwise
discriminated against on the basis of race, color, national origin or gender in.
connection with any bid submitted to Augusta, Georgia for the performance of
any resulting there from,
2) That it is and shall be the policy of this Company to provide equal opportunity to all
businesses seeking to contract or otherwise interested in contracting with this
Company without regard to the race, color, gender or national origin of the
ownership of this business,
3) That the promises of non-discrimination as made and set forth herein shall be
continuing in nature and shall remain in full force and effect without interruption,
4) That the promise of non-discrimination as made and set forth herein shall be made a
part of, and incorporated by reference into, any contract or portion thereof which
this Company may hereafter obtain,
5) That the failure of this Company to satisfactorily discharge any of the promises of
non-discrimination as made and set forth herein shall constitute a material breach
of contract entitling the Board to declare the contract in default and to exercise
any and all applicable rights and 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 owning on a contract; and
6) That the bidder shall provide such information as may be required by the Director of
Procurement & Contract Compliance pursuant to Section 102.436 of the
Augusta, Georgia Non-Discrimination in Procurement and Contracting Policy.
NAME: _ _ TITLE:
SIGNATURE:
ADDRESS:
PHONE NUMBER: _ EMAIL:
RFP 19-180
Misdemeanor Probation Supervision Services
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CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 132 of 180
EXHIBIT C -SCHEDULE OF INTENDED SUBCONTRACTOR UTILIZATION
If the bidder/proposer intends to subcontract any portion of this scope of work/service(s), this form
must be completed and submitted with the bid/proposal. All prime bidders/proposers must
submit Letter(s) of Intent (Exhibit D) for all subcontractors who will be utilized under the scope of
work/services prior to contract execution.
Prime Bidder/Proposer Company Name
ITB/RFP Name & Number:
1. My firm, as Prime Bidder/Proposer on this scope of work/service(s) is ❑, is not 0 minority
or female owned and controlled business enterprise. (Please indicate below the portion of
work, including, percentage of bid/proposal amount that your firm will carry out directly):
or
2. This highlighted information below must be completed and submitted with the bid/proposal if
a joint venture (JV)approach is to be undertaken. Please provide JV breakdown information
below and attach a copy of the executed Joint Venture Contract.
JV Partner(s) information:
Business Name Business Name Business Name
% of JV % of JV %of JV
Ethnicity Ethnicity Ethnicity
Gender Gender Gender _
Phone# Phone# Phone#
3. Sub-Contractors (including suppliers) to be utilized in the performance of this scope of
work/service(s), if awarded, are:
SUBCONTRACTOR NAME:
ADDRESS:
PHONE:
CONTACT PERSON:
ETHNIC GROUP*: _CITY CERTIFIED**
WORK TO BE PERFORMED:
DOLLAR VALUE OF WORK: $ PERCENTAGE VALUE:
*Ethnic Groups: African American (AABE); Asian American (ABE); Hispanic American (HBE); Native
American(NABE);White Female American(WFBE); *if yes,please attach copy of recent certification.
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 133 of 180
SUBCONTRACTOR NAME:
ADDRESS:
PHONE:
CONTACT PERSON:
ETHNIC GROUP*: __CITY CERTIFIED**
WORK TO BE PERFORMED:
DOLLAR VALUE OF WORK: $_ PERCENTAGE VALUE: %
SUBCONTRACTOR NAME:
ADDRESS:
PHONE:
CONTACT PERSON: _
ETHNIC GROUP*: CITY CERTIFIED**
WORK TO BE PERFORMED:
DOLLAR VALUE OF WORK: $ PERCENTAGE VALUE: %
SUBCONTRACTOR NAME:
ADDRESS:
PHONE:
CONTACT PERSON: _
ETHNIC GROUP*: CITY CERTIFIED**
WORK TO BE PERFORMED:
DOLLAR VALUE OF WORK: $__ PERCENTAGE VALUE: %
SUBCONTRACTOR NAME:
ADDRESS:
PHONE:
CONTACT PERSON:
ETHNIC GROUP*: _ CITY CERTIFIED**
WORK TO BE PERFORMED:
DOLLAR VALUE OF WORK: $ PERCENTAGE VALUE: %
*Ethnic Groups: African American (AABE); Asian American (ABE); Hispanic American (HBE); Native
American(NABE);White Female American(WFBE);**If yes, please attach copy of recent certification.
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 134 of 180
Total Dollar Value of Subcontractor Agreements: ($)
Total Percentage of Subcontractor Value: (%)
CERTIFICATION: The undersigned certifies that he/she has read, understands and agrees to be
bound by the Bid/Proposer provisions, including the accompanying Exhibits and other terms and
conditions regarding sub-contractor utilization. The undersigned further certifies that he/she is
legally authorized by the Bidder/Proposer to make the statement and representation in this Exhibit
and that said statements and representations are true and correct to the best of his/her knowledge
and belief. The undersigned understands and agrees that if any of the statements and
representations are made by the Bidder/Proposer knowing them to be false, or if there is a failure of
the intentions, objectives and commitments set forth herein without prior approval of Augusta, then
in any such event the Contractor's acts or failure to act, as the case may be, shall constitute a material
breach of the contract,entitling Augusta to terminate the Contract for default. The right to so terminate
shall be in addition to, and in lieu of, any other rights and remedies Augusta may have for other
defaults under the contract.
Signature: Title:
Business or Corporate Name:
Address:
Telephone: ( )
Fax Number: ( )
Email Address:
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 135 of 180
EXHIBIT D
LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR
OR
PROVIDE MATERIALS OR SERVICES
This form must be completed by ALL known subcontractors and submitted only by subs of
awarded Prime prior to contract execution.
To:
(Name of Prime Contractor Firm)
From:
(Name of Subcontractor Firm)
ITB/RFP Number:
Project Name:
The undersigned is prepared to perform the following described work or provide materials or services
in connection with the above project (specify in detail particular work items, materials, or services
to be performed or provided):
Project Project Estimated
Commence Completion Dollar
Description of Work Date Date Amount
(Prime Bidder) (Subcontractor)
Signature Signature__
Title Title
Date Date
RFP 19-180
Misdemeanor Probation Supervision Services
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CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 137 of 180
Should you have questions regarding any of the documents contained in Section 6, please
feel free to contact the Office of Contract Compliance at (706) 821-2406, for further
assistance.
RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 138 of 180
SECTION 7
INSURANCE AND RISK MANAGEMENT PROVISIONS
Insurance and Risk Management Provisions
Misdemeanor Probation Supervision Services
The following is the minimum insurance and limits that the ContractorNendor must maintain. If the
ContractorNendor maintains broader coverages and/or higher limits that the minimum shown below,Augusta,
Georgia Government requires and shall be entitled to coverage for the higher limits maintained by the
ContractorNendor.
It is Augusta,Georgia Government's practice to obtain Certificates of Insurance from our Contractors and
Vendors. Insurance must be written by a licensed agent in a company licensed to write insurance in the State
of Georgia. Respondents shall submit with the bid/proposal evidence of insurability satisfactory to Augusta,
Georgia Government as to form and content.Either of the following forms of evidence is acceptable:
• A letter from an insurance carrier stating that upon your fiim/company being the successful
Bidder/Respondent that a Certificate of Insurance shall be issued in compliance with the
Insurance and Risk Management Provisions outlined below.
• A Certificate of Insurance complying with the Insurance and Risk Management Provisions
outlined below (Request for Bid/Proposal number and Project Description must appear on
the Certificate of Insurance).
• A combination of specific policies written with an umbrella policy covering liabilities in
excess of the required limits is acceptable to achieve the applicable insurance coverage
levels.
Any and all Insurance Coverage(s) and Bonds required under the terms and conditions of the contract shall
be maintained during the entire length of the contract,including any extensions or renewals thereto, and until
all work has been completed to the satisfaction of Augusta, Georgia Government. Evidence of said
insurance coverages shall be provided on or before the inception date of the Contract.
tccordinQly the Respondent shall provide a certificate evidencing the following:
1. WORKERS COMPENSATION/EMPLOYER'S LIABILITY INSURANCE — STATUTORY
(In compliance with the Georgia Workers Compensation Acts and any other State or Federal
Acts or Provisions in which jurisdiction may be granted)
Employer's Liability Insurance BY ACCIDENT -EACH ACCIDENT $500,000.
Employer's Liability Insurance BY DISEASE -POLICY LIMIT $500,000.
Employer's Liability Insurance BY DISEASE -EACH EMPLOYEE $500,000.
2. COMMERCIAL GENERAL LIABILITY INSURANCE (Including contractual Liability
Insurance)
Bodily Injury and Property Damage Liability Each Occurrence $1,000,000
(Other than Products/Completed Operations) General Aggregate - $2,000,000
Products\Completed Operations Aggregate Limit - $2,000,000
Personal and Advertising Injury Limits - $1,000,000
Damage to Rented Premises Limits - $100,000
Effective 01/2019 RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 139 of 180
SECTION 7
INSURANCE AND RISK MANAGEMENT PROVISIONS
3. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Bodily Injury&Property Damage Each Occurrence - $1,000,000
(Including operation of non-owned,owned,and hired automobiles).
4. UMBRELLA LIABILITY
(In excess of Auto GL and Employers Liability) Each Occurrence - $2,000,000
5. PROFESSIONAL(E&0)LIABILITY Per Claim/Aggregate - $2,000,000
Contractor shall ensure that coverage under this policy shall continue for a period of thirty-six (36)
months after completion of services.
6. Cyber Liability Each Occurrence - $2,000,000
Policy shall include coverage for losses arising from the breach of information, security,privacy
and intentional/unintentional release of private information.
Certificates:
Contractor shall provide written notice to Augusta,Georgia Government immediately if it becomes aware of
or receives notice from any insurance company that coverage afforded under such policy or policies
shall expire,be cancelled or altered. Certificates of Insurance are to list Augusta,Georgia Government, its
Officials, Officers and Employees as an Additional Insured (except for Workers' Compensation and
Professional Liability), using ISO Additional Insured Endorsement form CG 20 10 (11/85) version, its'
equivalent or on a blanket basis.
The ContractorNendor insurance shall apply as Primary Insurance before any other insurance or self-
insurance,including any deductible,non-contributory,and Waiver of Subrogation provided in favor of
Augusta,Georgia Government.
Additional Insured under the General Liability,Auto Liability,Umbrella Policies(with exception of Workers
Compensation),with no Cross Suits exclusion.
If Augusta, Georgia Government shall so request, the Respondent, Contractor or Vendor will furnish
Augusta for its inspection and approval such policies of insurance with all endorsements, or confirmed
specimens thereof certified by the insurance company to be true and correct copies.
Such certificates and notices shall be sent to:
Augusta,Georgia Government—Procurement
535 Telfair Street—Suite 605
Augusta, Georgia 300901
Attention: Geri A. Sams
Effective 01/2019 RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 140 of 180
SECTION 7
INSURANCE AND RISK MANAGEMENT PROVISIONS
jmnortant,
The obligations for the ContractorNendor to procure and maintain insurance shall not be constructed to
waive or restrict other obligations. It is understood that neither failure to comply nor full compliance with the
foregoing insurance requirements shall limit or relieve the ContractorNendor from any liability incurred as a
result of their activities/operations in conjunction with the Contract and/or Scope of Work.
TTSR.OF PREMIIE1
ContractorNendor shall confine its apparatus, the storage of materials and the operations of its workers to
limits/requirements indicated by law, ordinance, permits and any restrictions of Augusta, Georgia
Government and shall not unreasonably encumber the premises with its materials(Where applicable).
PROTECTION OF PROPERTY
ContractorNendor will adequately protect its own work from damage, will protect Augusta, Georgia
Government's property from damage or loss and will take all necessary precautions during the progress of
the work to protect all persons and the property of others from damage or loss.
Contractor/Vendor shall take all necessary precautions for the safety of employees of the work and shall
comply with all applicable provisions of the Federal, State and local safety laws and building codes to
prevent accidents or injury to persons on,about,or adjacent to the premises where work is being performed.
ContractorNendor shall erect and properly maintain at all times as required by the conditions and progress
of the work, all necessary safeguards for the protection of its employees, Augusta,Georgia Government
employees and the public and shall post all applicable signage and other warning devices to protect against
potential hazards for the work being performed(Where applicable).
THE RESPONDENT ACKNOWLEDGES HAVING READ, UNDERSTANDING, AND
AGREES TO COMPLY WITH THE ABOVE STATEMENTS, AND IS AUTHORIZED TO SIGN
CONTRACTS ON BEHALF OF THE RESPONDING COMPANY.
COMPANY: SIGNATURE:
NAME:_ TITLE:
DATE:
Effective 01/2019 RFP 19-180
Misdemeanor Probation Supervision Services
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 141 of 180
7
7G R' O R G I A
CONTRACT DOCUMENTS
FOR
RFP 19-180
Misdemeanor Probation Supervision Services
Richmond County State Court
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 142 of 180
Index of Articles
ARTICLE 1. CONTRACT DOCUMENTS
ARTICLE 2. SEVERABILITY
ARTICLE 3. rIEEMEEMIMEERgargl
ARTICLE 4. SCOPE,QE WORK
ARTICLE 5.
ARTICLE 6. SERVICES PROVIDED BY CITY
ARTICLE 7. MODIFICATIONS/CHANGE ORDER,
ARTICLE 8. SCHEDULE OF WORD
ARTICLE 9.
ARTICLE 10. p ND_PAYMENT FOR COQ( ULT NT SERVICES
ARTICLE 11. PERSONNEL AND EQUIPMENT
ARTICLE 12.
ARTICLE 13. DISPUTES
ARTICLE 14. TERMINATION OF AGREEMENT FOR CAUSE
ARTICLE 15. IERMATEMEQRSialyesemt
ARTICLE 16. WAIVER,OF BEACH
ARTICLE 17. JIMEEEMERIZIMIjaba
ARTICLE 18. PROFESSIONAL.RESPONSIBIJTY ,
ARTICLE 19. 1220122missunaffromiLlitaa
ARTICLE 20. ACCURACY OF WORK
ARTICLE 21. REVIEW OFVVORK
ARTICLE 22. INDEMNIFICATION
ARTICLE 23. CONFIDENTIALITY
ARTICLE 24. SZELISMEIMEIEMILLIZMALEmagamagiEgamm
ARTICLE 25. COVENANT GAINST CONTINGENT FEES
ARTICLE 26. INlR9d=E
ARTICLE 27. ERM11211021BIERFAI
ARTICLE 28. ,$CONTRACTING
ARTICLE 29. ASSIGNalnign-
ARTICLE 30. lemidgrageadirejaag
ARTICLE 31. AIMITS AND INSPECTORS
ARTICLE 32. ACCOUNTING SYSTEM
ARTICLE 33. VERBA .0GREEMENIT
ARTICLE 34. NQIIg=
ARTICLE 35. alfagaglIal
ARTICLE 36. YMENT OPPORTUNITY
ARTICLE 37. FQRCE MAJEURE
ARTICLE 38. QEEIDIErallakica..
ARTICLE 39. • _ ► ' • u ' _ ► _ _ : _ ► • : - : • ii
MADE IN ESPONSE TO PROCUREMENT
ARTICLE 40. INVOICING AND PAYMENT
ARTICLE 41. TAXES
ARTICLE 42. PERMITS. LICENSES AN_D IQ=
ARTICLE 43. NON-APPROPRIATION
ARTICLE 44. wagE CLAUSE
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 143 of 180
Exhibits
EXHIBIT A: GENCEALCONDITIONS
EXHIBIT B: SPECIAL CONDITIONS
EXHIBIT C: SCOPE OF WORK
EXHIBIT D: PROJECT Deuyggauu
EXHIBIT E: COMPENSATION
EXHIBIT F: PROCUREMENT FORMS
EXHIBIT G: MNTRACT COMPLIANCE1ORMS
EXHIBIT H: INSURANCE ND RISK MANAGEMENT FORMS
APPENDICES
APPENDIX 1:
CONTRACT:
CSRA PROBATION SERVICES, INC.
Page 144 of 180
Misdemeanor Probation Supervision
Services Contract
Contractor: [Insert Contractor Namel
Contract No.: rinser Proiect umber and Titlel
Address: lipsert Contractor Address!
City, State
Telephone: !Insert Contractor t l oh ne#1
Email: (Insert Contractor Emaill
Contact: (Insert_Contractor Contact Namel
[Insert Contractor Confect Title
This Contract made and entered into effective the day of , 2019 by
and between AUGUSTA,GEORGIA, a political subdivision of the State of Georgia, hereinafter
referred to as "Augusta", and [Insert Contractor Company Name], hereinafter referred to
as "Contractor", authorized to transact business in the State of Georgia.
WJIFSSETH
WHEREAS, Augusta through its Richmond County State Court, hereinafter referred to as the
"State Court", desires to retain a qualified and experienced Contractor to perform (Insert
project descriotion/services to be provided, hereinafter, referred to as the "Project".
WHEREAS, Contractor has represented to Augusta that it is experienced and has qualified and
local staff available to commit to the Project and Augusta has relied upon such representations.
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NOW THEREFORE, for and in consideration of the mutual covenants contained herein, and
for other good and valuable consideration, Augusta and Contractor agree as follows:
ARTICLE 1. CONTRACT OC JME TS
Augusta hereby engages Contractor, and Contractor hereby agrees, to perform the services
hereinafter set forth in accordance with this Contract, consisting of the following contract
documents:
I. Form of Contract;
II. Addenda;
Ill. Exhibit A: General Conditions;
IV. Exhibit B: Special Conditions [where applicable];
V. Exhibit C: Scope of Work
VI. Exhibit D: Project Deliverables;
VII. Exhibit E: Compensation;
VIII. Exhibit F: Procurement Forms
IX. Exhibit G: Office of Contract Compliance Forms;
X. Exhibit H: Insurance and Risk Management Forms
The foregoing documents constitute the entire Contract of the parties pertaining to the
Project hereof and is intended as a complete and exclusive statement of promises,
representations, discussions and agreements oral or otherwise that have been made in
connection therewith. No modifications or amendment to this Contract shall be binding upon
the parties unless the same is in writing, conforms to Augusta, Georgia Procurement Code
Article 10 governing change orders, is signed by Augusta's and the Contractor's duly
authorized representatives, and entered upon the meeting minutes of the Augusta, Georgia
Board of Commissioners.
If any portion of the Contract Documents shall be in conflict with any other portion, the various
documents comprising the Contract Documents shall govern in the following order of
precedence: 1)the Contract, 2)the RFP, 3)any Addenda, 4)change orders, 5)the exhibits, and
6) portions of Contractor's proposal that was accepted by Augusta and made a part of the
Contract Documents.
The Contract was approved by the Augusta, Georgia Board of Commissioners on l ns t
Board of Commissioners aoorovai date and item numbed.
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ARTICLE 2. lEnaeglala
If any provision of this Contract is held to be unenforceable for any reason, the
unenforceability thereof shall not affect the remainder of the Contract, which shall remain in full
force and effect, and enforceable in accordance with its terms.
ARTICLE 3. DESCRIPTION OF PROJECT
Augusta and Contractor agree the Project is to perform fLnsertiagrct descrjotionl, All
exhibits referenced in this agreement are incorporated by reference and constitute an integral
part of this Contract as if they were contained herein.
ARTICLE 4. SCOPE OF WORK
Unless modified in writing by both parties in the manner specified in the agreement, duties of
Contractor shall not be construed to exceed those services specifically set forth herein.
Contractor agrees to provide all services, products, and data and to perform all tasks described
in Exhibit C, Scope of Work.
ARTICLE 5. DERIVE AB ES
Contractor shall deliver to Augusta all reports prepared under the terms of this Contract that
are specified in Exhibit D, Project Deliverables. Deliverables shall be furnished to Augusta by
Contractor in a media form that is acceptable and usable by Augusta at no additional cost
at the end of the project.
ARTICLE 6. SERVICES PROVIDED BY AUGUSTA
Contractor shall gather from Augusta all available non-privileged data and information pertinent
to the performance of the services for the Project. Certain services as described in Exhibit C,
Scope of Work, if required, will be performed and furnished by Augusta in a timely manner so
as not to unduly delay Contractor in the performance of said obligations. Augusta shall have
the final decision as to what data and information is pertinent.
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Augusta will appoint in writing an Augusta authorized representative with respect to
work to be performed under this Contract until Augusta gives written notice of the
appointment of a successor. Augusta's authorized representative shall have complete
authority to transmit instructions, receive information, and define City's policies,
consistent with Augusta rules and regulations. Contractor may rely uponwritten consents
and approvals signed by Augusta's authorized representative that are consistent with
Augusta rules and regulations.
ARTICLE 7. MODIFICATIONS
If during the course of performing the Project, Augusta and Contractor agree that it is
necessary to make changes in the Project as described herein and referenced exhibits,
such changes will be incorporated by written amendments in the form of Change
Orders to this Contract. Any such Change Order and/or supplemental agreement
shall not become effective or binding unless approved by the Board of
Commissioners and entered on the minutes. Such modifications shall conform to the
requirements of Augusta, Georgia Procurement Code, which is incorporated by
reference herein.
ARTICLE 8. SCHEDULE OF WORT(
Contractor shall not proceed to furnish such services and Augusta shall not become
obligated to pay for same until a written authorization to proceed (Notice to Proceed)
has been sent to Contractor from Augusta. The Contractor shall begin work under this
Contract no later than five (5) days after the effective date of notice to proceed.
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ARTICLE 9. CONTRACT TERM
The period of this Contract shall consist of a series of Terms as defined below. Augusta
is obligated only to pay such compensation under this Contract as may lawfully be
made from funds budgeted and appropriated for that purpose during Augusta's then
current fiscal year.
a. Commencement Term
The "Commencement Term" of this Contract shall begin on the date of execution of
the Contract in the year 2019, the starting date, and shall end absolutely and without
further obligation on the part of Augusta on the 31st day of December, 2021. The
Commencement Term shall be subject to events of termination and Augusta's
termination rights that are described elsewhere in this Contract. Notwithstanding
anything contained in this Contract, Augusta's obligation to make payments
provided under this Contract shall be subject to Augusta's annual appropriations of
funds for the goods, services, materials, property and/or supplies procured under
this Contract by Augusta's governing body and such obligation shall not constitute
a pledge of Augusta's full faith and credit within the meaning of any constitutional
debt limitation.
b. Renewal Terms
Unless the terms of this Contract are fulfilled with no further obligation of theP art
of either party on or before the final date of the Commencement Term as stated
above, or unless an event of termination as defined within this Contract occurs during
the Commencement Term, this Contract may be renewed at the written option of
Augusta upon the approval of t h e Augusta Board of Commissioners for three (3)
one-year ("Renewal Terms"). However, no Renewal Term of this Contract shall be
authorized nor shall any Renewal Term of this Contract commence unless and until
each Renewal Term has first been approved in writing by the Augusta Board of
Commissioners for the calendar year of such Renewal Term. If approved by the
Augusta Board of Commissioners, the First Renewal Term shall begin on the 1'
day of January, 2022 and shall end no later than the 31"day of December, 2022.
If approved by the Augusta Board of Commissioners, the Second Renewal Term
shall begin on the 1St day of January, 2023 and shall end no later than the 31st day
of December, 2023. If Augusta chooses not to exercise any Renewal Term as
provided in this Section, then the Term of this Contract shall also be deemed the
"Ending Term" with no further obligation on the party of either party.
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c. Term Subject to Events of Termination
All "Terms" as defined within this Section are subject to the section of this Contract
which pertain to events of termination and Augusta's rights upon termination.
d. Same Terms
Unless mutually agreed upon in writing by the parties, or otherwise indicated herein, all
provisions and conditions of any Renewal Term shall be exactly the same as those
contained within in this Contract.
e. Statutory Compliance Regarding Procurement Contracts.
The parties intend that this Contract shall, and this Contract shall operate in conformity
with and not in contravention of the requirements of O.C.G.A. § 36-60-13, as applicable,
and in the event that this Contract would conflict therewith, then this Contract shall
be interpreted and implemented in a manner consistent with such statute.
ARTICLE 10.COMPENSATJON_
Compensation for work performed by Contractor on Project shall be in accordance
with the payment provisions and compensation schedule, attached as Exhibit E,
Compensation.
The total contract amount for the Project shall not exceed which
is full payment for a complete scope of work.
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ARTICLE 11. PERSONNEL,AND E UIPMENT
Contractor shall designate in writing a person(s) to serve as its authorized representative(s)
who shall have sole authority to represent Contractor on all manners pertaining to this contract.
Contractor represents that it has secured or will secure, at its' own expense, all equipment
and personnel necessary to complete this Contract, none of whom shall be employees of or
have any contractual relationship with Augusta. All of the services required hereunder will be
performed by Contractor under his supervision and all personnel engaged in the work shall be
fully qualified and shall be authorized or permitted under law to perform such services.
Written notification shall be immediately provided to Augusta upon change or severance of any
of the authorized representative(s), listed key personnel or sub-contractor performing services
on this Project by Contractor. No changes or substitutions shall be permitted in Contractor's
key personnel or sub-contractor as set forth herein without the prior written approval of
Augusta. Requests for changes in key personnel or sub-contractors will not be unreasonably
withheld by Augusta.
Contractor shall provide a proposed organizational chart and staffing plan, indicating organizational
structure, number of management, staff employee positions by division, full-time or part-time status of
each employee,salary,and benefit schedules for each employee classification. The staffing plan should
describe the skills and experience required of each of the employees, and the overall training program
that will be implemented to insure that all personnel meet satisfactory standards of knowledge. The plan
must also address strategies that will be adopted for recruitment and retention of Augusta,
Georgia employees.The plan must also include a work schedule for key managers to ensure that there
are a sufficient number of key managers on property during AM and PM peak periods including AM and
PM pull out
ARTICLE 12. SUSPENSION OF WORK
Suspension Notice: Augusta may by written notice to the Contractor, suspend at any time
the performance of all or any portion of the services to be performed under this Contract. Upon
receipt of a suspension notice, the Contractor must, unless the notice requires otherwise:
1) Immediately discontinue suspended services on the date and to the extent specified in
the notice;
2) Place no further orders or subcontracts for material, services or facilities with respect to
suspended services, other than to the extent required in the notice; and
3) Take any other reasonable steps to minimize costs associated with the suspension.
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Notice to Resume: Upon receipt of notice to resume suspended services, the Contractor will
immediately resume performance under this Contract as required in the notice.
ARTICLE 13.
Except as otherwise provided in this Contract, any dispute concerning a question of fact
arising under this contract which is not disposed of by agreement shall be decided by
Augusta. The representative shall reduce the decision to writing and mail or otherwise furnish a
copy thereof to the Contractor . The Contractor shall have thirty (30) days from date the
decision is sent to appeal the decision to the Augusta Administrator or his designee by
mailing or otherwise furnishing to Augusta Administrator or designee,copy of the written appeal.
The decision of the Augusta Administrator or his designee for the determination of such
appeal shall be final and conclusive. Pending any final decision of a dispute hereunder,
Contractor shall proceed diligently with performance of the Contract and in accordance with
the decision of Augusta's designated representative.
ARTICLE 14. TERMINATION OF GREEMENT OR CAUSE
(1) Either Augusta or Contractor may terminate work under this Contract in the event the
other party fails to perform in accordance with the provisions of the Contract. Any
party seeking to terminate this Contract is required to give thirty (30) days prior
written notice to the other party.
(2) Notice of termination shall be delivered by certified mail with receipt for delivery returned
to the sender.
(3) TIME IS OF THE ESSENCE and if the Contractor refuses or fails to perform the work
as specified in Exhibit C, Scope of Work and maintain the scheduled level of effort as.
proposed, or any separable part thereof, with such diligence as will insure completion
of the work within the specified time period, or any extension or tolling there of, or fails
to complete said work within such time. Augusta may exercise any remedy available
under law or this Contract. Failure to maintain the scheduled level of effort as proposed
or deviation from the aforesaid proposal without prior approval of Augusta shall
constitute cause for termination
(4) Augusta may, by written notice to Contractor , terminate Contractor's right to proceed
with the Project or such part of the Project as to which there has been delay. In such
event, Augusta may take over the work and perform the same to completion, by contract
or otherwise, and Contractor shall be required to provide all copies of finished or
unfinished documents prepared by Contractor under this Contract to Augusta as stated
in Exhibit D, "Project Deliverables".
(5) Contractor shall be entitled to receive compensation for any satisfactory work
completed on such documents as reasonably determined by Augusta.
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(6) Whether or not the Contractor's right to proceed with the work has been terminated,
the Contractor shall be liable for any damage to Augusta resulting from the Contractor's
refusal or failure to complete the work within the specified time period, and said
damages shall include, but not be limited to, any additional costs associated with
Augusta obtaining the services of another Contractor to complete the project.
ARTICLE 15.TERMINATION FOR CONVEL�I ENCE OF UGUSTA
Notwithstanding any other provisions, Augusta may terminate this Contract for its convenience
at any time by a written notice to Contractor. If the Contract is terminated for convenience by
Augusta, as provided in this article, Contractor will be paid compensation for those services
actually performed. Partially completed tasks will be compensated for based on a signed
statement of completion to be submitted by Contractor which shall itemize each task element
and briefly state what work has been completed and what work remains to be done.
If, after termination, it is determined that the Contractor was not in default, or that the default
was excusable, the rights and obligations of the parties shall be the same as if the termination
had been issued for the convenience of the government.
ARTICLE 16.WAIyER 4F DREACH,
The waiver by either party of a breach or violation of any provision of this Contract, shall not
operate or be construed to be, a waiver of any subsequent breach or violation of the same or
other provision thereof.
ARTICLE 17. INDLEENDENISQESAMII
Contractor shall perform the services under this Contract as an independent contractor and
nothing contained herein shall be construed to be inconsistent with such relationship or status.
Nothing in this Contract shall be interpreted or construed to constitute Contractor or any of its
agents or employees to be the agent, employee or representative of Augusta.
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ARTICLE 18. PROFESSIONAL RESPONSIBILITY
Contractor represents that it has, or will secure at its own expenses, all personnel appropriate
to perform all work to be completed under this Contract;
All the services required hereunder will be performed by Contractor or under the direct
supervision of Contractor. All personnel engaged in the Project by Contractor shall be fully
qualified and shall be authorized or permitted under applicable State and local law to perform
such services.
None of the work or services covered by this Contract shall be transferred, assigned, or
subcontracted by Contractor without the prior written consent of Augusta.
ARTICLE 19. COOPERATION WITH OTHER CONTRACTORS
Contractor will undertake the Project in cooperation with and in coordination with other studies,
projects or related work performed for, with or by Augusta's employees, appointed
committee(s) or other Contractors. Contractor shall fully cooperate with such other related
Contractors and Augusta employees or appointed committees. Contractor shall provide within
his schedule of work, time and effort to coordinate with other Contractors under contract with
Augusta. Contractor shall not commit or permit any act, which will interfere with the
performance of work by any other contractor or by Augusta employees. Contractor shall not be
liable or responsible for the delays of third parties not under its control nor affiliated with the
Contractor in any manner.
ARTICLE 20. ACCURACY OF WORK
Contractor shall be responsible for the accuracy of his work and shall promptly correct its
errors and omissions without additional compensation. Acceptance of the work by Augusta will
not relieve Contractor of the responsibility of subsequent corrections of any errors and the
clarification of any ambiguities. Contractor shall prepare any plans, report, fieldwork, or data
required by Augusta to correct its errors or omissions. The above consultation, clarification or
correction shall be made without added compensation to Contractor. Contractor shall give
immediate attention to these changes so there will be a minimum of delay to others.
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ARTICLE 21. REVIEW O WORK
Authorized representatives of Augusta may at all reasonable times review and inspect Project
activities and data collected under this Contract and amendments thereto. All reports,
drawings, studies, specifications, estimates, maps and computations prepared by or for
Contractor, shall be available to authorized representatives of Augusta for inspection and
review at all reasonable times in the main office of Augusta. Acceptance shall not relieve
Contractor of its professional obligation to correct, at its expense, any of its errors in work.
Augusta may request at any time and Contractor shall produce progress prints or copies of any
work as performed under this Contract. Refusal by Contractor to submit progress reports
and/or plans shall be cause for Augusta, without any liability thereof, to withhold payment to
Contractor until Contractor complies with Augusta's request in this regard. Augusta's review
recommendations shall be incorporated into the plans by Contractor.
ARTICLE 22.INDEMNIFICATIO
22.1 Professional Se ices Indemnification With respect to liability, damages, costs,
expenses (including reasonable attorney's fees and expenses incurred by any of them),
claims, suits and judgments that arise or are alleged to arise out of the Contractor's acts,
errors, or omissions in the performance of professional services, the Contractor shall
indemnify, release, and hold harmless Augusta, Georgia , its Commissioners and their
respective officers, members, employees and agents (each, hereinafter referred to as an
"Indemnified Person"), from and against liability, damages, costs, expenses (including
reasonable attorney's fees and expenses incurred by any of them), claims, suits and
judgments only to the extent such liability is caused by the negligence of the Contractor in
the delivery of the Work under this Contract, but such indemnity is limited to those liabilities
caused by a Negligent Professional Act, as defined below. This indemnification survives the
termination of this Contract and shall also survive the dissolution or to the extent allowed
by law, the bankruptcy of Contractor.
For the purposes of the Professional Services Indemnity above, a "Negligent Professional
Act" means a negligent act, error, or omission in the performance of Professional Services
(or by any person or entity, including joint ventures, for whom Contractor is liable) that
causes liability and fails to meet the applicable professional standard of care, skill and
ability under similar conditions and like surrounding circumstances, as is ordinarily employed
by others in their profession.
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Contractor obligation to indemnify and hold harmless, as set forth hereinabove, shall also
include, but is not limited to, any matter arising out of any actual or alleged infringement of
any patent, trademark, copyright, or service mark, or other actual or alleged unfair competition
disparagement of product or service, or other tort or any type whatsoever, or any actual or
alleged violation of trade regulations.
Contractor further agrees to indemnify and hold harmless Augusta, Georgia, its Commissioners,
officers, employees, subcontractors, successors, assigns and agents from and against any
and all claims or liability for compensation under the Worker's Compensation Act, Disability
Benefits Act, or any other employee benefits act arising out of injuries sustained by any
employees of Contractor. These indemnities shall not be limited by reason of the listing of any
insurance coverage.
22.2 Notice of Claim. If an Indemnified Person receives written notice of any claim or
circumstance which could give rise to indemnified losses, the receiving party shall promptly
give written notice to Contractor, and shall use best efforts to deliver such written
notice within ten (10) Business Days. The notice must include a copy of such written
notice of claim, or, if the Indemnified Person did not receive a written notice of claim, a
description of the indemnification event in reasonable detail and the basis on which
indemnification may be due. Such notice will not stop or prevent an Indemnified Person
from later asserting a different basis for indemnification. If an Indemnified Person does not
provide this notice within the ten (10) Business Day period, it does not waive any right to
indemnification except to the extent that Contractor is prejudiced, suffers loss, or incurs
additional expense solely because of the delay.
22.3 pefense. Contractor, at Contractor's own expense, shall defend each such action, suit,
or proceeding or cause the same to be resisted and defended by counsel designated by
the Indemnified Person and reasonably approved by Contractor (provided that in all instances
the General Counsel of Augusta, Georgia shall be acceptable, and,for the avoidance of doubt,
is the only counsel authorized to represent Augusta). If any such action, suit or proceedings
should result in final judgment against the Indemnified Person, Contractor shall promptly
satisfy and discharge such judgment or cause such judgment to be promptly satisfied and
discharged. Within ten (10) Business Days after receiving written notice of the indemnification
request, Contractor shall acknowledge in writing delivered to the Indemnified Person (with a
copy to the General Counsel of Augusta, Georgia) that Contractor is defending the claim as
required hereunder.
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22.4 Separate Counsel.
22.4.1 KanLiatitnt Seaatete Counsel, In the event that there is any potential conflict of
interest that could reasonably arise in the representation of any Indemnified Person and
Contractor in the defense of any action, suit or proceeding pursuant to Section
22.3 above or in the event that state or local law requires the use of specific counsel, (i)
such Indemnified Person may elect in its sole and absolute discretion whether to waive such
conflict of interest, and (ii) unless such Indemnified Person (and, as applicable, Contractor)
elects to waive such conflict of interest, or in any event if required by state or local law, then
the counsel designated by the Indemnified Person shall solely represent such Indemnified
Person and, if applicable, Contractor shall retain its own separate counsel, each at
Contractor's sole cost and expense.
22.4.2 Voluntary Se Grate ounsel. Notwithstanding Contractor's obligation to defend,
where applicable pursuant to Section 22.3, a claim, the Indemnified Person may retain
separate counsel to participate in (but not control or impair) the defense and to participate
in (but not control or impair) any settlement negotiations, provided that for so long as
Contractor has complied with all of Contractor's obligations with respect to such claim,
the cost of such separate counsel shall be at the sole cost and expense of such
Indemnified Person (provided that if Contractor has not complied with all of Contractor's
obligations with respect to such claim, Contractor shall be obligated to pay the cost and
expense of such separate counsel). Contractor may settle the claim without the consent
or agreement of the Indemnified Person, unless the settlement (i) would result in injunctive
relief or other equitable remedies or otherwise require the Indemnified Person to comply
with restrictions or limitations that adversely affect or materially impair the reputation and
standing of the Indemnified Person, (ii) would require the Indemnified Person to pay
amounts that Contractor or its insurer does not fund in full, (iii) would not result in the
Indemnified Person's full and complete release from all liability to the plaintiffs or claimants
who are parties to or otherwise bound by the settlement, or (iv) directly involves Augusta (in
which case Augusta, Georgia shall be the only counsel authorized to represent Augusta with
respect to any such settlement).
22.5 Survival. The provisions of this Article will survive any expiration or earlier termination
of this Contract and any closing, settlement or other similar event which occurs under this
Contract.
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ARTICLE 23. CONFIDENTIALITY
Contractor agrees that its conclusions and any reports are for the confidential information of
Augusta and that it will not disclose its conclusions in whole or in part to any persons
whatsoever, other than to submit its written documentation to Augusta, and will only discuss the
same with it or its authorized representatives, except as required under this Contract to
provide information to the public. Upon completion of this Contract term, all documents,
reports, maps, data and studies prepared by Contractor pursuant thereto and any equipment
paid for by Augusta as a result of this Contract, shall become the property of Augusta and be
delivered to the Richmond County State Court.
Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses,
or results and findings of the work conducted under this Contract shall not be presented
publicly or published without prior approval in writing of Augusta.
It is further agreed that if any information concerning the Project, its conduct results, or data
gathered or processed should be released by Contractor without prior approval from Augusta,
the release of the same shall constitute grounds for termination of this Contract without
indemnity to Contractor, but should any such information be released by Augusta or by
Contractor with such prior written approval, the same shall be regarded as Public information
and no longer subject to the restrictions of this Contract.
ARTICLE 24. • A ► : . - • ► - - • - ; 11 _ ► I. ► 0 : 1/ 1 • ►
Contractor agrees that Augusta, Georgia is the sole owner of all information, data, and materials
that are developed or prepared subject to this Contract. Contractor or any sub-contractor is not
allowed to use or sell any information subject to this contract for educational, publication, profit,
research or any other purpose without the written and authorized consent of Augusta. All
electronic files used in connection to this Contract, which are by definition, any custom software
files used in connection to this Contract, (collectively, the "Software"), shall be turned over
to Augusta for its use after termination hereof and Contractor shall have no interest of any
kind in such electronic files. Any required licenses and fees for the Software or other required
materials shall be purchased and/or paid for by Contractor and registered in the name of
Augusta, if possible. The Software as defined hereunder, specifically excludes all software,
documentation, information, and materials in which Contractor has pre-existing proprietary
rights and/or has otherwise been licensed to Contractor prior to this Contract, and any
upgrades, updates, modifications or enhancements thereto. Contractor agrees to provide at
no cost to Augusta any upgrades to any software used in connection with this
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Contract which may be subsequently developed or upgraded for a period of three (3) years
from the date of completion of the work under the Contract, except in the case of commercial
Software licensed to Augusta. Any information developed for use in connection with this
Contract may be released as public domain information by Augusta at its sole discretion.
ARTICLE 25. COVE ANT AGAINST CONTINGENT FEES
Contractor warrants that no person or selling agency has been employed or retained to solicit
or secure this Contract upon an agreement or understanding for a commission, percentage,
brokerage or contingent fee, excepting bona fide employees maintained by Contractor for the
purpose of securing business and that Contractor has not received any non-Augusta fee
related to this Contract without the prior written consent of Augusta. For breach or violation of
this warranty, Augusta shall have the right to annul this Contract without liability or at its
discretion to deduct from the Contract Price or consideration the full amount of such
commission, percentage, brokerage or contingent fee.
ARTICLE 26. INSURANCE ligausam
Contractor agrees to obtain and maintain during the entire term of this Contract, all of the
insurance required as specified in the Contract documents, Exhibit H, Insurance and Risk
Management Forms, with Augusta as an additional insured and shall furnish Augusta a
Certificate of Insurance showing the required coverage. The cancellation of any policy of
insurance required by this Contract shall meet the requirements of notice under the laws of the
State of Georgia as presently set forth in the Georgia Code.
ARTICLE 27. PROHIBITED NTEREST
Section 27.01 Conflict of interest:
Contractor agrees that it presently has no interest and shall acquire no interest direct or
indirect that would conflict in any manner or degree with the performance of its service
hereunder. Contractor further agrees that, in the performance of the Contract, no person
having any such interest shall be employed.
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Section 27.02 Interest of Public(MilII:
No member, officer or employee of Augusta during his tenure shall have any interest, direct
or indirect, in this Contract or the proceeds thereof.
ARTICLE 28. SUBCONTRACTINQ
Contractor shall not subcontract any part of the work covered by this Contract or permit
subcontracted work to be further subcontracted without prior written approval of Augusta.
ARTICLE 29. ASSIGNABILITY
Contractor shall not assign or subcontract this Contract or any portion thereof without the prior
expressed written consent of Augusta. Any attempted assignment or subcontracting by
Contractor without the prior expressed written consent of Augusta shall at Augusta's sole option
terminate this Contract without any notice to Contractor of such termination. Contractor
binds itself, its successors, assigns, and legal representatives of such other party in respect to
all covenants, agreements and obligations contained herein.
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ARTICLE 30. AUDITS AND INS EC ORS
At any time during normal business hours and as often as Augusta may deem necessary,
Contractor shall make available to Augusta and/or representatives of Augusta for
examination all of its records with respect to all matters covered by this Contract.
It shall also permit Augusta and/or representative of Augusta to audit, examine and make
copies, excerpts or transcripts from such records of personnel, conditions of employment and
other data relating to all matters covered by this Contract. Contractor's records of personnel,
conditions of employment, and financial statements (hereinafter"Information") constitute trade
secrets and are considered confidential and proprietary by Contractor. To the extent Augusta
audits or examines such Information related to this Contract, Augusta shall not disclose or
otherwise make available to third parties any such Information without Contractor's prior written
consent unless required to do so by a court order. Nothing in this Contract shall be construed
as granting Augusta any right to make copies, excerpts or transcripts of such information
outside the area covered by this Contract without the prior written consent of Contractor.
Contractor shall maintain all books, documents, papers, accounting records and other
evidence pertaining to costs incurred on the Project and used in support of its proposal and
shall make such material available at all reasonable times during the period of the
Contract and for eight years from the date of final payment under the Contract, for
inspection by Augusta or any reviewing agencies and copies thereof shall be furnished upon
request and at no additional cost to Augusta. Contractor agrees that the provisions of this
Article shall be included in any Contracts it may make with any sub-contractor, assignee or
transferee.
ARTICLE 31. ACCOUNTING SYSTEM
Contractor shall have an accounting system, which is established, and maintaining in
accordance with generally accepted accounting principles. Contractor must account for cost in
a manner consistent with generally accepted accounting procedures, as approved by Augusta,
Georgia .
ARTICLE 32. VERBAL AGREEMENT
No verbal agreement or conversation with any officer, agent or employee of Augusta either
before, during or after the execution of this Contract, shall affect or modify any of the terms
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of obligations herein contained, nor shall such verbal agreement or conversation entitle
Contractor to any additional payment whatsoever under the terms of this Contract. All
changes to this shall be in writing and the form of a change order in supplemental agreement,
approved by Augusta, and entered on the Minutes of the Board of Commissioners.
ARTICLE 33. NOTICES
All notices shall be in writing and delivered in person or transmitted by certified mail, postage
prepaid.
Notice to Augusta, shall be addressed as follows:
Augusta Procurement Department Director
535 Greene Street Suite 605
Augusta, Georgia 30901
Telephone: (706) 821-2422
Email: procbidandcontract(c�auqustaga.gov
Attention: Geri A. Sams
With a copy to:
Augusta Law Department
General Counsel
535 Telfair Street Bldg 3000
Augusta, Georgia 30901
Telephone: (706) 842-5550
Email: amackenzie(a�auqustaga.gov
Attention: Andrew MacKenzie
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Notices to Contractor shall be addressed as follows:
finaert_Contractor resentative for nroiectl
!insert ContractorAddressl
Telephone:
Email:
Attention: !Insert Contractor R_orecentat_iye for oroiectl
ARTICLE 35. JURISDICTION,
This Contract will be executed and implemented in Augusta, Georgia. Further, this Contract
shall be administered and interpreted under the laws of the State of Georgia. Jurisdiction of
litigation arising from this Contract shall be in the Augusta, Georgia Superior Courts. If any part
of this Contract is found to be in conflict with applicable laws, such part shall be inoperative, null
and void insofar as it is in conflict with said laws, but the remainder of this Contract shall be in
full force and effect.
Whenever reference is made in the Contract to standards or codes in accordance with
which work is to be performed, the edition or revision of the standards or codes current on the
effective date of this Contract shall apply, unless otherwise expressly stated.
ARTICLE 36. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Contract, Contractor agrees as follows:
Section 36.01 Contractor will not discriminate against any employee or applicant for
employment because of race, creed, color, sex or national origin;
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Section 36.02 Contractor will, in all solicitations or advertisements for employees placed by, or
on behalf of, Contractor state that all qualified applicants, will receive consideration for
employment without regard to race, creed, color, sex or national origin;
Section 36.03 Contractor will cause the foregoing provisions to be inserted in all subcontracts
for any work covered by the Contract so that such provision will be binding upon each sub-
Contractor, provided that the foregoing provisions shall not apply to contracts or subcontracts
for standard commercial supplies or raw materials.
ARTICLE 37. FORCE MAJEURE
Neither Augusta nor Contractor shall be deemed in violation of this Contract if either is
prevented from performing its obligations hereunder for any reason beyond its control, including
but not limited to acts of God, civil or military authority, act of public enemy, accidents, fires,
explosions, earthquakes, floods or catastrophic failures of public transportation, provided
however, that nothing herein shall relieve or be construed to relieve Contractor from
performing its obligations hereunder in the event of riots, rebellions or legal strikes.
ARTICLE 38. OPEN RECORDS C_T
The Georgia Open Records Act, O.C.G.A. Section 50-18-70 et seq., applies to this Contract.
The Contractor acknowledges that any documents or computerized data provided to Augusta
by the Contractor may be subject to release to the public. The Contractor also acknowledges
that documents and computerized data created or held by the Contractor in relation to the
Contract may be subject to release to the public, to include documents turned over to
Augusta. The Contractor shall cooperate with and provide assistance to Augusta in rapidly
responding to Open Records Act requests. The Contractor shall notify Augusta of any Open
Records Act requests no later than 24 hours following receipt of any such requests by the
Contractor. The Contractor shall promptly comply with the instructions or requests of Augusta
in relation to responding to Open Records Act requests.
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ARTICLE39. • ► ; _ • z' • - _ ► A im _ ; c, • ; ; • „
MADE IN ESPOUSE TO PROCUREMENT
Where the procurement documents do not place a degree or level of service relating to the
scope of work or any other matter relating to the services being procured, should any
Contractor submit a response to Augusta promising to provide a certain level of service for
the scope of work or any other matter, including where such promises or assurances are
greater than what is required by the procurement documents, and should this response
containing these promises or assurances be accepted by Augusta and made a part of the
Contract Documents, then the degree or level of service promised relating to the scope of
work or other matter shall be considered to be a material part of the Contract between the
Contractor and Augusta, such that the Contractor's failure to provide the agreed upon
degree or level of service or participation shall be a material breach of the Contract giving
Augusta just cause to terminate the Contract for cause,pursuant to ARTICLE 14 of the Contract.
ARTICLE 40.INVOICING AND PAYMENT
Contractor shall submit monthly invoices for work performed during the previous calendar
month, in a form acceptable to Augusta and accompanied by all support documentation
requested by Augusta, for payment and for services that were completed during the preceding
phase. Augusta shall review for approval of said invoices. Augusta shall have the right not to
pay any invoice or part thereof if not properly supported, or if the costs requested or a
part thereof, as determined by Augusta, are reasonably in excess of the actual stage of
completion.
Time of Payment: Augusta shall make payments to Contractor within thirty (30) days after
receipt of a proper invoice. Parties hereto expressly agree that the above contract term shall
supersede the rates of interest, payment periods, and contract and subcontract terms
provided for under the Georgia Prompt Pay Act, O.C.G.A. 13-11-1 et seq., pursuant to 13-11-
7(b), and the rates of interest, payment periods, and contract and subcontract terms provided
for under the Prompt Pay Act shall have no application to this Contract; parties further agree that
Augusta shall not be liable for any interest or penalty arising from late payments.
Submittal of Invoices: Invoices shall be submitted as follows:
Via,Mail:
Augusta, Georgia
Accounting Department
535 Telfair Street-Suite 800
Augusta, Georgia 30901
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Attn: Finance Department—Accounts Payable
(706) 821-2336
At minimum, original invoices must reference all of the following information:
1) Vendor Information
a. Vendor Name
b. Vendor Address
c. Vendor Code
d. Vendor Contact Information
e. Remittance Address
2) Invoice Details
a. Invoice Date
b. Invoice Number(uniquely numbered, no duplicates)
c. Purchase Order Reference Number
d. Date(s)of Services Performed
e. Itemization of Services Provided/Commodity Units
Contractor's cumulative invoices shall not exceed the total not-to-exceed fee established for
this Contract.
Augusta's Right to Withhold Payments: Augusta may withhold payments, not to exceed
the total of two months' fees of the applicable SOW, for services that involve disputed costs,
involve disputed audits, or are otherwise performed in an inadequate fashion. Payments
withheld by Augusta will be released and paid to the Contractor when the services are
subsequently performed adequately and on a timely basis, the causes for disputes are
reconciled or any other remedies or actions stipulated by Augusta are satisfied. If there is a
good faith dispute regarding a portion of an invoice, Contractor will notify Augusta and detail
the dispute before the invoice date. Augusta shall promptly pay any undisputed items
contained in such invoices. Upon resolution of the dispute, any disputed amounts owed to
Contractor will be promptly paid by City.
Payment of Sub-contractor: The Contractor must certify in writing that all sub-
contractors of the Contractor have been promptly paid for work and materials and
previous progress payments received. In the event the prime Contractor is unable
to pay sub-contractors until it has received a progress payment from Augusta, Georgia,
the prime Contractor shall pay all sub-contractors funds due from said progress
payments within forty-eight (48) hours of receipt of payment from Augusta, Georgia
and in no event later than fifteen (15) days as provided for by State Law.
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Acceptance of Payments by Contractor; Release. The acceptance by the Contractor of
any payment for services under this Contract will, in each instance, operate as, and be a
release to Augusta from, all claim and liability to the Contractor for work performed or
furnished for or relating to the service for which payment was accepted, unless the Contractor
within five (5) days of its receipt of a payment, advises Augusta in writing of a specific claim it
contends is not released by that payment.
ARTICLE 41. TAXES
The Contractor shall pay all sales, retail, occupational, service, excise, old age benefit and
unemployment compensation taxes, consumer, use and other similar taxes, as well as any
other taxes or duties on the materials, equipment, and labor for the work provided by the
Contractor which are legally enacted by any municipal, city, state or federal authority,
department or agency at the time bids are received,whether or not yet effective. The Contractor
shall maintain records pertaining to such taxes as well as payment thereof and shall make
the same available to Augusta at all reasonable times for inspection and copying. The
Contractor shall apply for any and all tax exemptions which may be applicable and shall timely
request from Augusta such documents and information as may be necessary to obtain such
tax exemptions. Augusta shall have no liability to the Contractor for payment of any tax from
which it is exempt.
ARTICLE 42. PERMITS. LICENSES AND BONDS
All permits and licenses necessary for the work shall be secured and paid for by the Contractor.
If any permit, license or certificate expires or is revoked, terminated, or suspended as a result
of any action on the part of the Contractor, the Contractor shall not be entitled to additional
compensation or time.
ARTICLE 43. NON-APPROPRIATION
This Contract states the total obligation of Augusta to the Contractor for the calendar
year of execution. Notwithstanding anything contained in this Contract, the obligation
of Augusta to make payments provided under this Contract shall be subject to annual
appropriations of funds thereof by the governing body of Augusta and such obligation
shall not constitute a pledge of the full faith and credit of Augusta within the meaning
of any constitutional debt limitation. The Director of Finance shall deliver written notice
to the Contractor in the event Augusta does not intend to budget funds for the
succeeding Contract year.
Notwithstanding anything contained in this Contract, if sufficient funds have not
been appropriated to support continuation of this Contract for an additional calendar
year or an additional term of the Contract, this Contract shall terminate absolutely and
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without further obligation on the part of Augusta at the close of the calendar year of
its execution and at the dose of each succeeding calendar year of which it may be
renewed, unless a shorter termination period is provided or Augusta suspends
performance pending the appropriation of funds.
ARTICLE 44. WAGE CLAUSE
Contractor shall agree that in the performance of this Contract the Contractor will comply with
all lawful agreements, if any, which the Contractor had made with any association, union, or
other entity, with respect to wages, salaries, and working conditions, so as not to cause
inconvenience, picketing, or work stoppage.
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IN WITNESS THEREOF, the Parties hereto have caused this Contract to be executed
by their duly authorized representatives as attested and witnessed and their corporate
seals to be hereunto affixed as of the day and year date first above written.
OWNER: CONTRACTOR:
AUGUSTA, GEORGIA , [Insert Contractor COMPANY
GEORGIA NAME]
Hardie Davis, Jr. [Insert Name & Title of person
Mayor authorized to sign contract]
ATTEST: ATTEST:
Lena J. Bonner Secretary/
Clerk to the Commission Assistant Secretary
( Affix Augusta Seal) (Affix Corporate Seal)
APPROVED AS TO FORM:
General Counsel
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ADDENDA
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EXHIBIT A
GENERAL CONDITIONS
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EXHIBIT B
SPECIAL CONDITIONS
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EXHIBIT C
SCOPE OF WORK
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SCOPE OF WORK
The Contractor shall
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EXHIBIT D
PROJECT DELIVERABLES
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PROJECT DELIVERABLES
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EXHIBIT E
COMPENSATION
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COMPENSATION
Augusta agrees to compensate the Contractor as follows:
Augusta agrees to compensate Contractor for all services performed under this Contract in
an amount not to exceed $. The detailed costs are provided below:
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EXHIBIT F
PROCUREMENT
FORMS
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EXHIBIT G
OFFICE OF CONTRACT COMPLIANCE
FORMS
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EXHIBIT H
INSURANCE AND RISK MANAGEMENT
FORMS