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HomeMy WebLinkAboutMISDEMEANOR PROBATION SUPERVISION SERVICES CONTRACT FOR RICHMOND COUNTY STATE AND MAGISTRATE COURTS_CSRA PROBATION SERVICES, INC. CONTRACT: CSRA PROBATION SERVICES, INC. Page 1 of 180 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. Page 2 of 180 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 CONTRACT: CSRA PROBATION SERVICES, INC. Page 3 of 180 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 CONTRACT: CSRA PROBATION SERVICES, INC. Page 4 of 180 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. CONTRACT: CSRA PROBATION SERVICES, INC. Page 5 of 180 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 CONTRACT: CSRA PROBATION SERVICES, INC. Page 6 of 180 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 CONTRACT: CSRA PROBATION SERVICES, INC. Page 7 of 180 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. CONTRACT: CSRA PROBATION SERVICES, INC. Page 8 of 180 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. CONTRACT: CSRA PROBATION SERVICES, INC. Page 9 of 180 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. CONTRACT: CSRA PROBATION SERVICES, INC. Page 10 of 180 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 CONTRACT: CSRA PROBATION SERVICES, INC. Page 11 of 180 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 CONTRACT: CSRA PROBATION SERVICES, INC. Page 12 of 180 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 CONTRACT: CSRA PROBATION SERVICES, INC. Page 13 of 180 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 CONTRACT: CSRA PROBATION SERVICES, INC. Page 14 of 180 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 5. cdt• efR4 ,/,;ft41,1 io z".D 70' - ?)•o�/; I7od.z/o-7°P- Af7rf�rr._D ovqK.sppieSII cid.t _7;c �o>�., �,`�°, 6.-14....:1 c,.... c.. .A-"a.as„,,g.�, eta'a. - p S‘ne.Pk:.. D 04,t�6......1` ,.- ill to4010%07 "1062.to-t-tett A..ar^ tat► 10"Cnei C..+,. S 1c &u,ur ijani lid• X21• ii�P 1 ibis Cal 5 .. 5 l 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 ✓ 0/ T tis I la ae,1‘52.0%. (Proc_tice...-,,,,ob-- 1 11. t , 12. 1 I 13. I Addendem 1 RFP RemS/41$D Ybdanana PeeOetloa 1ppavblae Sanded; 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 M OIMdn WaeCorepmy 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 CONTRACT: CSRA PROBATION SERVICES, INC. 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 CONTRACT: 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 U i- . 16, -O U [ i . Cj Iri A 4, _, a MJ0 .b0 e .5 � 0y .D v z Q �r • G) a GD e 10 8 O OD w CO g t R4 la = o') 5Go E5 l O Z .L1 CQ o'1 },� iictr 0 * ' O4. •'14)1!..... .,,0 .., •ime, 0 1-4, 0. % ,,f„.,, , o Qr fl 0 O Q O t9 g f ^0 A" w +' T V o H /II\ /Ilk " +, 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 • `0,i0ttutpHq NotaryA...J �pY OR�h948 Public: a� °.q Y O "i City: 2 . apt 1 ' z A i GEORGIA t J FEB.S.202- %' - Commission Expires: I I 4,io2,a 1. Ofl• pt1B1.%• .', i t��'*0;11MBIAC+O tea,. „,,iNtt tll tt titttt�� RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 60 of 180 4W1111.1111.00.111111, • '' • •• . . . . , THIS itornnogais tio BO poilIagitoNspreuousogotat INT#46 BNS MEN aimpusea 4 , ' . • •at. • BUMNEIS , 2(") I 8 .41 .. 01100/05 . , .. .. - , . . .. . i•.:. .. .. ,.... . .,, , .. . . . Too *MONO • .. - . ..r, 4 : I T *1 , '' . • '.'4' ' ?* -.1'.-' • '.4 ...y../4 . *' , , .,.• -,%,, 5-. . ,•• ' • - ' IIRI ... 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' •'' :-,•-•*-=';',....,,.•'.:°,=1-4q* "11•- ' , ,. • ..= ' -$•• ''..'''... 4 t,',„1. az.,-. It:. ,_, ' .014001 ,•...- '. :1 ' .:-, ',.' '',. ' 5 It- 4,...-•, "". • •• , A 4 UPPORT ',:,- (c-,.' ,', ,-.1,--..,.:.-÷,•-• ...-r— -,:-. •••11, = • --‘,.4....c...se 4...N. ,,At....,.:7 440;`../ ,...„,...,..• ....„.. ,• BUSiNESS rIPEJ. • B/41.: 'SWABAp E '''- . ' . '• . . •...,.„*.4xa„ • . . . , . • , .. ,, . , .. • . • BUSINESS toteATIOlt•419 letkilkalitt-St:A10.1stst GA'3090t . • .1 evcr1tioramaiRerromi.4Aion* . .. 8 14463440tail1IL -- . • .P. ' 'ma osavanotftvu.404.021 ***050044)16044****411003uPie tower tb 'yolipfAcitilmixrfivilik-KAtoitia AlortvoweblENT..pgpotorp.END smou4.*Aya rig Pow it swop my ., cEentioATFir ti*JOINBitt)segig.409 ANit LAW ottfiRopriqicidt VeikatOi stATEd,ItEirrAtg*Mob*, OltA . .u09.041014,04• • -I). .".0, *1111111.11.461.Pr.' • Melanie Wilson,Director Aliening Attnipli*Of0pittent-peintrnennt . I . ' , ' 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 I ! 11111N111ID1111011111EI111Ya111111 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 15.5A 'Ri � Id .'TT y- l;.t {,Pt fi•,'.r.r ++-•i. 'ti01.L t.l8a iii .j,j l wwi 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 I—0 ; 1 UZr° m G ��in O¢ Zvi 30< 0 - m �-2¢ • or N:0 CO Z m w cc o mr Ili 0. W m - aI- Z II k Z� °aa � 0 c` C M z o N a c= coQ co .0 • m C �'r� O m Z UZ2>Z to .0 WUga -t n ' 2 ZZ O C . E a-a r C. (0, •F o W Ece _00 3 M N Q e . dZF 1 H m 0_a rs Z .o E w- 0 W w o S `o N N 2• w � O 3▪ m oZa� O N M N .. a. YaV5 • m o'UUWz°=.� m W • 7' agoav M mZ CO 41 H � 0 ZZ • $ Ew op c0 w 0 +- c m et, o x m l0 C =Z y• M 0 d E a X = o W m—; • ,, U CCD N 32 E co Z' co 0. • U W !o N ~ CO O ▪ . 0- ., 0 y CO ro w E ; 1-Z oW V tE ' N Il 6.m E g .�' H • 0 > U o 0 v • L W • N N U) k a) .N -C glr ?t W M .0 ro 14 +� a m id E ° N o 0 14 C co c >a .0 >1 mm co a N 0 C ''m w W2a ¢ co) 0CU 0 E 8 0 Q z LL 0 co U m co b+ t9 m e w O a 0 d o. C U J Ili W ii O. W�' Z ¢ U) e!f Q Q Si: o Q O' j 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 3 144 ' 0 '1/4 1- # z O ,, U O r Csi L 'S 8 • .E° cl .g. 2 C, 0 Aa cif CO3 CO U t4 ai 0 C.? a o N CI 0 I/1 W a r: v) cis E U V/VD o al C ;.A""---**.\\ C a 0 Cr 4-0 a. •pum 0 s Vilva,,st.";,4,,,, 1411114120, 0.y." 4, ell cal ..C4 e��o u3 a s S, O. g 0 CO O 1-1 W � O 45 0 AO CD .0 c o CD wg , 1... .Clea) rn �o A "Vo .4 Ems", 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 RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 89 of 180 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. RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 90 of 180 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. RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 91 of 180 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 , RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 92 of 180 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. RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 93 of 180 • 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 RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 94 of 180 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 RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 95 of 180 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. RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 96 of 180 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. RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 97 of 180 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 RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 98 of 180 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). RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 99 of 180 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 RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 100 of 180 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; RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 101 of 180 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. RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 102 of 180 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. RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES,INC. Page 103 of 180 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 RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 104 of 180 • 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. RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES,INC. Page 105 of 180 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: RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 106 of 180 • 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. RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 107 of 180 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. RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 108 of 180 Section 2 - Completed Cost Proposal Forms The Proposer is required to complete all of the Cost Proposal Forms provided. RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 109 of 180 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 $ $ RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 110 of 180 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 $ $ $ $ $ $ RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 111 of 180 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 RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 112 of 180 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 RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 113 of 180 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 RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 114 of 180 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. RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 115 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] 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]. RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 116 of 180 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) RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 117 of 180 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. RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 118 of 180 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]. RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 119 of 180 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. RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 120 of 180 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 RFP 19-180 Misdemeanor Probation Supervision Services 1 CONTRACT: CSRA PROBATION SERVICES, INC. Page 121 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 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] RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 122 of 180 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) RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES,INC. Page 123 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 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) RFP 19-180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 124 of 180 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: RFP 19-180. Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 125 of 180 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) RFP 19.180 Misdemeanor Probation Supervision Services CONTRACT: CSRA PROBATION SERVICES, INC. Page 126 of 180 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 NIL w CO £ 0mw No N • 3 to ce VOct � Nlc waw0W II- 111 a -0 >= Li0 cn IaI-VZ01 O zaoa� Q oy = o 0 ce 13 a .r O w co Jac co O N co a 2 m c«- o 1 .E. 0) < `oZw w 17 - UZY> ^ cow Qacni= ✓ C jz¢z Ti m -m a a TE; W a� 00 w ic e . Q � z z E" N_ g ILIfn Q. = o 2 O E o z • c= 0 c 11-a: N li W a o aVF G •n m LL ? yOW m2 = a s2 a .0 ch Z m u)I W Z 13 E Ea co O H e cco •c- w = — mE = zea-- 1 a X « o LS 2 W 0— v E I a) N U J- LL H M▪ N rt E o 1-z 2 d E 3 17 ID -0 JO a L. w J>• LL a . C H 0 c. ~w2 2 c E O -o t c ami m O co 0a co WNQ m . >WV O E o O �p LL a CO O v C9 m0Qw0 a cc U �O LU � Q W'o > a WW =oes m E >- N � w z NX � Ym p Iii Q Ca� ? a Z a o -) >U70Wna c) I._ 22 0) N UV --QLL 2 W ZYLg Ce U J W Q s� wEcoz0 U J5LAaw m m a 0 Z Q 's` Q m I-. WOIi2d F Loa� 00 Q Li) I- Li Q U W Cr) 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 0 UZ°O cc� ry 1 .F- co U00 a ZUm E � O o d w O mO > 3 SI 0 a� ° ala o ct Zcm d c O mc EU MB H Uoc vW m R o c ;e o �- cd cc c0 ' a oC)O. VA Q tp c 'C_j Oy 7� C - crU ao ��oo dczr, a. o g T cI N W• Sc ' c.)-@-. o Z ag o O dov as v sA a, > ` m -0 8E Z. 1 a) r, � ' 'oma aa, F- �icc cE c <u X -58w $$ .c a0. C.' a� ,S v a O 8E 'o a o u w �, . $ 0 m w _° c a cG Z ° N Q c t4 CF O E c .. ° '0 E ` O ° ° E � a F c la D• t C 0 0 cn $ eco = O wg - 3 � E V . " ..S Ca Vit° _O :� re re �c leo tU m ~ cs F Z to °- Q 2 Q U3 •0 IC - a� � G O r ° z z . Q Y c O c H i_ a' Z LU UJ la O yT re re ir a c E E a. a. a.a. ° o 1 Roc pcoe� a W 'pUc -0w d a=. .n3 C Wim .. a c 7 N w a Q F.W . 0 to ° °a WTCL g' 1 0 m "8 � N Z OWZ ` 4iyL`0 ° ~>w 5 H y Z ' V . E � SW VV} A O JW° .i. ~ yr v,• to m� a aIXQ c a L oEto 0 a <.1- 9 x >.vi m 2 �ZZ . W «a c g W 3 E G m a a W 0 y c E $ sea 0 a 2 2 '$ y, E o2�� Z at °Qa d m E �, >:� g c _ zea c 2 E E aai ° ea .0 -c E °I-° Z u gli a Y. F Z a a W . Q°I- K p W Z 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. CONTRACT: CSRA PROBATION SERVICES, INC. Page 145 of 180 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. CONTRACT: CSRA PROBATION SERVICES, INC. Page 146 of 180 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. CONTRACT: CSRA PROBATION SERVICES, INC. Page 147 of 180 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. CONTRACT: CSRA PROBATION SERVICES, INC. Page 148 of 180 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. CONTRACT: CSRA PROBATION SERVICES, INC. Page 149 of 180 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. CONTRACT: CSRA PROBATION SERVICES,INC. Page 150 of 180 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. CONTRACT: CSRA PROBATION SERVICES, INC. Page 151 of 180 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. CONTRACT: CSRA PROBATION SERVICES, INC. Page 152 of 180 (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. CONTRACT: CSRA PROBATION SERVICES, INC. Page 153 of 180 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. CONTRACT: CSRA PROBATION SERVICES, INC. Page 154 of 180 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. CONTRACT: CSRA PROBATION SERVICES, INC. Page 155 of 180 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. CONTRACT: CSRA PROBATION SERVICES, INC. Page 156 of 180 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. CONTRACT: CSRA PROBATION SERVICES, INC. Page 157 of 180 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 CONTRACT: CSRA PROBATION SERVICES, INC. Page 158 of 180 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. CONTRACT: CSRA PROBATION SERVICES, INC. Page 159 of 180 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. CONTRACT: CSRA PROBATION SERVICES, INC. Page 160 of 180 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 CONTRACT: CSRA PROBATION SERVICES, INC. Page 161 of 180 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 CONTRACT: CSRA PROBATION SERVICES, INC. Page 162 of 180 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; CONTRACT: CSRA PROBATION SERVICES, INC. Page 163 of 180 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. CONTRACT: CSRA PROBATION SERVICES, INC. Page 164 of 180 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 CONTRACT: CSRA PROBATION SERVICES, INC. Page 165 of 180 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. CONTRACT: CSRA PROBATION SERVICES, INC. Page 166 of 180 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 CONTRACT: CSRA PROBATION SERVICES, INC. Page 167 of 180 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. CONTRACT: CSRA PROBATION SERVICES, INC. Page 168 of 180 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 CONTRACT: CSRA PROBATION SERVICES, INC. Page 169 of 180 ADDENDA CONTRACT: CSRA PROBATION SERVICES, INC. Page 170 of 180 EXHIBIT A GENERAL CONDITIONS CONTRACT: CSRA PROBATION SERVICES, INC. Page 171 of 180 EXHIBIT B SPECIAL CONDITIONS CONTRACT: CSRA PROBATION SERVICES, INC. Page 172 of 180 EXHIBIT C SCOPE OF WORK CONTRACT: CSRA PROBATION SERVICES,INC. Page 173 of 180 SCOPE OF WORK The Contractor shall CONTRACT: CSRA PROBATION SERVICES, INC. Page 174 of 180 EXHIBIT D PROJECT DELIVERABLES CONTRACT: CSRA PROBATION SERVICES, INC. Page 175 of 180 PROJECT DELIVERABLES CONTRACT: CSRA PROBATION SERVICES, INC. Page 176 of 180 EXHIBIT E COMPENSATION CONTRACT: CSRA PROBATION SERVICES, INC. Page 177 of 180 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: CONTRACT: CSRA PROBATION SERVICES, INC. Page 178 of 180 EXHIBIT F PROCUREMENT FORMS CONTRACT: CSRA PROBATION SERVICES, INC. Page 179 of 180 EXHIBIT G OFFICE OF CONTRACT COMPLIANCE FORMS CONTRACT: CSRA PROBATION SERVICES, INC. Page 180 of 180 EXHIBIT H INSURANCE AND RISK MANAGEMENT FORMS