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HomeMy WebLinkAboutAugusta Youth Center, Inc. Augusta Richmond GA DOCUMENT NAME: W~\&O, ljbJ-~ ~C:X\\~ DOCUMENT TYPE: ~Q~~ YEAR: D~ BOX NUMBER: \ q FILE NUMBER: \ L/2;l \ NUMBER OF PAGES: \ ~ SERVICES CONTRACT BETWEEN AUGUSTA GEORGIA AND AUGUSTA YOUTH CENTER, INC. 6023rd Street Augusta, Georgia 30901 (706) 724-0362 fax (706) 724-9459 PROVIDE DAY REPORTING CENTER AUGUSTA GEORGIA JUVENILE COURT RFP 03-102A Augusta Georgia Augusta Municipal Building 530 Greene Street, Room 806 Augusta, Georgia 30911 SERVICES CONTRACT Between AUGUSTA GEORGIA And AUGUSTA YOUTH CENTER, INC. This Contract is made effective and entered into this L day of S ~ 2003, by and between Augusta Georgia, hereinafter called the "BOARD," and, AUGU A YOUTH CENTER, INC., a Corporation authorized to do business in Georgia, hereinafter called the "SERVICE PROVIDER". WITNESSETH WHEREAS, the BOARD desires to engage a qualified and experienced ORGANIZATION TO PROVIDE A DAY REPORTING CENTER FOR RICHMOND COUNTY JUVENILE COURT AS SPECIFIED IN RFP 03-102A. WHEREAS, the SERVICE PROVIDER has represented to the BOARD that it is experienced and qualified to provide the services contained herein, and the BOARD has relied upon such representation. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by and between the BOARD and the SERVICE PROVIDER that the BOARD hereby engages the SERVICE PROVIDER and the SERVICE PROVIDER hereby agrees to perform the services hereinafter set forth: ARTICLE I TERMS AND CONDITIONS OF THIS CONTRACT SECTION 1-1. TERM OF SERVICES: The service to be provided by the SERVICE PROVIDER as described in Article IV is to commence upon execution of this contract, and or upon a date mutually agreed upon by the County Contract Administrator, and the SERVICE PROVIDER. THE TERM OF THIS CONTRACT IS ONE YEAR WITH THE OPTION TO RENEW FOR ONE ADDITIONAL ONE YEAR TERM. SECTION 1-2. REQillREMENT FOR MANDATORY PERFORMANCE. The words "shall," "will" and "must" may be used interchangeably in this Contract; and in any case will indicate a required or mandatory performance by the SERVICE PROVIDER, and BOARD. SECTION 1-3. BOARD ADMINISTRATION. The administration of this Contract for Augusta Georgia, shall be the responsibility of Augusta Georgia administrative staff, hereinafter called the "COUNTY". BILL DEAN. JUVENILE PROGRAM MANAGER. shall serve as the Project Manager for this contract and shall be responsible to the Augusta Georgia Administrator who is responsible to the BOARD for the proper effectuation of Augusta Georgia's obligations under the terms of this Contract. SECTION 1-4. COUNTY PROJECT MANAGER'S DUTIES AND AUTHORITY. The Project Manager is the Richmond County, Georgia staff member primarily responsible for the day-to-day management of this contract. He shall act as the official liaison between the SERVICE PROVIDER and the BOARD. The Project Manager shall arrange for conferences and the exchange of data and information and for necessary approvals, except for such portion of these liaison duties as may be specifically delegated to the SERVICE PROVIDER under other provisions of this Contract. All correspondence, data, information and reports shall be directed to the Project Manager. The number of copies of such data shall be designated by the County Project Manager to provide for proper distribution to the parties concerned. The Proj ect Manager shall be responsible for the maintenance of all records and correspondence concerning this contract for the BOARD. The SERVICE PROVIDER shall meet with the County for review of the work as determined by the Project Manager. The services shall be performed to the satisfaction of the County's Project Manager, subject at all times to the County Manager's approval, whose decision upon any question connected with the aforementioned service, or any failure or delay regarding same shall be final and conclusive, The Project Manager will expedite any necessary decisions regarding provisions of this contract that affect the performance of the SERVICE PROVIDER. SECTION 1-5. PERSONNEL AND EQillPMENT. The SERVICE PROVIDER represents that it has secured or will secure, at its own expense, all personnel and equipment necessary to perform the services of this Contract; none of whom shall be employees of, nor have any contractual relationship with Augusta Georgia. All of the services required hereunder will be performed by the SERVICE PROVIDER under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under law to perform such services. SECTION 1-6. SCHEDULING OF WORK TASKS. The SERVICE PROVIDER shall energetically and expeditiously carry out the required services. SECTION 1-7. REVIEW OF WORK IN PROGRESS. Authorized representatives of the COUNTY may at all reasonable times review and inspect the activities required under this contract. SECTION 1-8. CHANGES TO TillS CONTRACT. The COUNTY may, at any time, request changes in the scope of services of the SERVICE PROVIDER to be performed hereunder. Such changes, including any increase or decrease in the term, rate or amount of the SERVICE PROVIDER'S compensation, as more fully described elsewhere herein, which are mutually agreed upon by and between the BOARD and the SERVICE PROVIDER, shall be incorporated in written amendments to this Contract. SECTION 1-9. DELAYS AND EXTENSION OF TIME. If the SERVICE PROVIDER is delayed at any time in the progress of providing services by an act or neglect of Augusta Georgia, or by changes ordered in the Work, or by labor disputes, strikes, insurrections, fires, act of God, unusual but well documented and excusable delays in performance, or other causes beyond the SERVICE PROVIDER's control, or by delay authorized by the BOARD, then the Contract term of service and/or cost may be extended by Contract modification for such reasonable time as the COUNTY and, SERVICE PROVIDER may agree. SECTION 1-10. TERMINATION OF CONTRACT FOR CAUSE. If through any cause, the SERVICE PROVIDER shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the SERVICE PROVIDER shall violate any of the covenants, agreements or stipulations of this Contract, the SERVICE PROVIDER shall be in breach of this Contract and the BOARD shall thereupon give written notice of default to the SERVICE PROVIDER and allow the SERVICE PROVIDER seven (7) calendar days from such notice to cure such default. After notice, the BOARD shall have the right to terminate this Contract by giving written notice to the SERVICE PROVIDER of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. If the COUNTY fails without cause to make payment when due, the SERVICE PROVIDER may give written notice of the SERVICE PROVIDER'S intention to terminate this Agreement. If the SERVICE PROVIDER fails to receive payment within ten (10) days after receipt of such notice by the COUNTY, the SERVICE PROVIDER may give a second written notice and five (5) days after receipt of second written notice by the COUNTY, the SERVICE PROVIDER may terminate this Agreement and recover from the BOARD payment for services rendered. SECTION 1-11. SERVICE PROVIDER TO COOPERATE WITH OTHER CONTRACTORS AND GOVERNMENT AGENCIES. -If the BOARD undertakes or awards other contracts for additional related work, the SERVICE PROVIDER and its subcontractors shall fully cooperate with such other Contractors and BOARD employees and carefully fit its own work to such additional work as may be directed by the BOARD. The SERVICE PROVIDER and its subcontractors shall not conunit or permit any act which will interfere with the performance of work by any other Contractor or by BOARD employees. Costs caused by ill-timed work shall be borne by the responsible party. SECTION 1-12. INDEMNIFICATION. The SERVICE PROVIDER agrees to protect, defend, indemnify, and hold harmless Augusta Georgia, its commissioners, officers, agents, and employees from and against any and all liability, damages, claims, suits, liens, and judgments, of whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or damage to the property or other rights of any person or persons caused by the SERVICE PROVIDER or its subcontractors. The SERVICE PROVIDER's obligation to protect, defend, indemnify, and hold harmless, as set forth herein above shall include, but not be limited to, any matter arising out of any actual or alleged infringement of any patent trademark, copyright, or service mark, or any actual or alleged unfair competition, disparagement of product or service, or other business tort of any type whatsoever, or any actual or alleged violation of trade regulations. SERVICE PROVIDER further agrees to investigate, handle, respond to, provide defense for, and to protect, defend, indemnify, and hold harmless Richmond County, Georgia, at his sole expense, and agrees to bear all other costs and expenses related thereto, even if such claims, suits, etc., are groundless, false, or fraudulent, including any and all claims or liability for compensation under the Worker's Compensation Act arising out of injuries sustained by any employee of the SERVICE PROVIDER or his subcontractors or anyone directly or indirectly employed by any of them. The SERVICE PROVIDER'S obligation to indemnify Augusta Georgia under this Section shall not be limited in any way by the agreed-upon contract price as shown in Article IT or to the scope and amount of coverage provided by any insurance maintained by the SERVICE PROVIDER including, without limitation to, the insurance required to be maintained by the SERVICE PROVIDER pursuant to Section 11-4 of this Contract. SECTION 1-13. COVENANT AGAINST CONTINGENT FEES. The SERVICE PROVIDER shall comply with the relevant requirements of all Federal, State, County or other local laws. The SERVICE PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the SERVICE PROVIDER, to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the SERVICE PROVIDER, any fee, commission, percentage, brokerage fee, gifts, or any consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the BOARD shall have the right to annul this Contract without liability, or, in its discretion to deduct from the Contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. SECTION 1-14. PROHIBITED INTERESTS. a. Conflict of Interest. The SERVICE PROVIDER and its subcontractors warrant 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 services hereunder. The SERVICE PROVIDER further agrees that, in the performance of the Contract no person having any such interest shall be employed. b. Interests of Public Officials. No member, officer, or employee of Augusta Georgia, during his tenure shall have any interest, direct or indirect, in this Contract or the proceeds thereof. SECTION 1-15. SUBCONTRACTING. The SERVICE PROVIDER shall not subcontract any part of the work covered by this Contract without the BOARD'S prior written approval of the subcontractor. All approved subcontractors and their personnel assigned to this Proj ect shall be listed on Attachment B--Personnel Listing of this Contract. SECTION 1-16. ASSIGNABILITY. The SERVICE PROVIDER shall not assign or transfer whether by an assignment or novation, any of its rights, obligations, benefits, liabilities or other interest under this Contract without the written consent of the BOARD. SECTION 1-17. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Contract, the SERVICE PROVIDER agrees as follows: a. The SERVICE PROVIDER will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin place of birth, physical handicap, or marital status; b. The SERVICE PROVIDER will, in all solicitations or advertisements for employees, insure that qualified applicants will receive consideration for employment and will take affirmative action to employ applicants without regard to race, creed, color, sex, age, national origin, place of birth, physical handicap, or marital status. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship; c. The SERVICE PROVIDER will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provision will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. SECTION 1-18. ANTI-KICKBACK CLAUSE. Salaries of all personnel performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law. The SERVICE PROVIDER hereby agrees to comply with all applicable "Anti-Kickback" laws and shall insert appropriate provisions in all subcontracts covering work under this Contract. SECTION 1-19. PREFERENCE FOR LOCAL LABOR AND PURCHASES. The SERVICE PROVIDER hereby agrees, as part of the consideration to Augusta-Richmond County for the making of this Contract, that the SERVICE PROVIDER in the carrying out of this contract will give the citizens of Richmond County preference for employment to perform all labor required by this contract; that the rate of wages to be paid shall not be less than legally required; and that in the purchase of materials to be used in the Work of the Project, preference shall be given to sources from within Richmond County to the maximum extent practicable. The SERVICE PROVIDER will cause the forgoing provisions to be inserted in all subcontracts so that provisions will be binding upon each subcontractor. SECTION 1-20. AUDITS AND INSPECTIONS. At any time during normal business hours and as often as the BOARD may deem necessary, the SERVICE PROVIDER and his subcontractors shall make available to the BOARD and/or representatives of the Augusta Georgia Internal Audit staff for examination all of its records with respect to all matters covered by this Contract. It shall also permit the BOARD and/or representatives of the Internal Audit staff to audit, inspect, 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. All documents to be audited shall be available for inspection at all reasonable times in the main offices of the BOARD or at the offices of the SERVICE PROVIDER as requested by the BOARD. SECTION 1-21. VERBAL AGREEMENT OR CONVERSATION. No verbal agreement or conversation with any officer, agent, or employee of Augusta Georgia, either before, during, or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. All changes to this Contract shall be in writing and appended hereto as prescribed in Section 1-8. SECTION 1-22. INDEPENDENT CONTRACTOR. The SERVICE PROVIDER shall perform the services under this Contract as an independent contractor and nothing contained herein shall be construed to be inconsistent with this relationship or status, Nothing in this Contract shall be interpreted or construed to constitute the SERVICE PROVIDER or any of its subcontractors, agents or employees to be the agent, employee or representative of Augusta Georgia. SECTION 1-23. NOTICES. All notices shall be in writing and any notices, demands and other papers or documents to be delivered to Augusta Georgia, under this Contract shall be delivered in person or transmitted by certified mail, postage prepaid to the COUNTY's Proiect Mana2er, BILL DEAN, JUVENILE PROGRAM MANAGER, 401 Walton Way, Room A-113, Augusta, GA 30901 or at such other place or places as maybe subsequently designated by written notice to the SERVICE PROVIDER. All written notices, demands and other papers or documents to be delivered to the SERVICE PROVIDER under this Contract shall be transmitted by certified mail, postage prepaid, and addressed as follows: PATRICIA JONES. AUGUSTA YOUTH CENTER. INC.. 602 3rd STREET. AUGUSTA. GEORGIA 30901. SECTION 1-24. RESERVED. SECTION 1-25. CHOICE OF LAW. This Contract shall be deemed to have been executed in Richmond County, Georgia, and all questions of interpretation shall be governed by the laws of the State of Georgia. SECTION 1-26. COMPLIANCE WITH LAWS. The SERVICE PROVIDER shall comply with all applicable Federal, State, Richmond County and municipal laws, ordinances, rules, regulations, and lawful orders of public authorities relating to the work, including but not limited to Augusta Georgia building code and permits and/or municipal business licenses, building pennits, and other local requirements, as applicable. SECTION 1-27. POST-CONTRACT TERM COMPLETION OF WORK. The SERVICE PROVIDER shall be entitled to complete any work assignments issued near the end of the term of this annual contract but which requires additional time for completion beyond the tennination date of this contract. SECTION 1-28. ACCURACY OF WORK WARRANTED. The SERVICE PROVIDER hereby warrants the accuracy of the work completed under the terms of this contract and shall promptly correct any errors and omissions at no additional cost to Augusta Georgia. Acceptance of the Work by Augusta Georgia will not relieve the SERVICE PROVIDER of the responsibility for subsequent correction, at no additional cost to Augusta Georgia, of any errors and omissions for a period of one (1) year after substantial completion of the work, At any time during the course of the work as specified in the documents contained or work performed by others based on data secured by the SERVICE PROVIDER under this Contract, the SERVICE PROVIDER shall confer with the COUNTY to correct any errors or omissions made by the SERVICE PROVIDER. The SERVICE PROVIDER shall prepare any reasonable data required by the BOARD to correct such errors or omissions. The above consultations, clarifications or corrections shall be made without added compensation. The SERVICE PROVIDER shall give immediate attention to these changes so that there will be a minimum delay to BOARD. . ARTICLE II COMPENSATION FINANCIAL ADMINISTRATION AND GUARANTEES SECTION II-I COMPENSATION FOR CONTRACTOR SERVICES. The BOARD shall pay the SERVICE PROVIDER for his services as follows: NOT TO EXCEED THE TOTAL COST OF NJNETEEN- THOUSAND NJNE HUNDRED SEVENTY-ONE DOLLARS AND NO CENTS ($19,971.00)ANNUALLY. SECTION 11-2. COMPENSATION SCHEDULE. The detailed project compensation schedule is shown in Attachment C and is attached hereto and incorporated herein as a part of this Contract. Any changes to the cost will be directed to the SERVICE PROVIDER by the County Project Manager in writing, and said document shall automatically become an addition to Attachment C. SECTION 11-3. METHOD OF COMPENSATION. The compensation provided for herein shall include all claims by the SERVICE PROVIDER for all costs incurred by the SERVICE PROVIDER in the conduct of the work as authorized by the approved Project Compensation Schedule and this amount shall be paid to the SERVICE PROVIDER after receipt of the invoice and approval of the amount by the Project Manager. AUGUSTA GEORGIA shall make payment(s) to the SERVICE PROVIDER in accordance with the schedule as indicated and provided for on forms approved by the Board Project Manager. The making of total or final payment shall constitute a waiver of all claims by Augusta Georgia except those arising from unsettled liens, faulty or defective work appearing after substantial completion, failure of the work to comply with the requirements of the Contract Documents, or terms of any warranties required by the Contract Documents or those items previously made in writing and identified by the BOARD as unsettled at the time of final application for payment. Acceptance of total or final payment shall constitute a waiver of all claims by the SERVICE PROVIDER, except those previously made in writing and identified by the SERVICE PROVIDER as unsettled at the time of final application for payment. SECTION 11-4 RESERVED. SECTION 11-5 MAINTENANCE OF PROJECT FINANCIAL RECORDS. The SERVICE PROVIDER shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project, where appropriate, and shall make such material available at all reasonable times, during the period of the Contract and for three (3) years from the date of final payment under the Contract, for inspection by the COUNTY or any reviewing agencies, and copies thereof shall be furnished upon request. The SERVICE PROVIDER agrees that the provisions of this Article shall be included in any contracts it may make with any subcontractor, assignee, or transferee. SECTION 11-6 PAYMENT OF TAXES AND FEES. The SERVICE PROVIDER shall request and obtain any necessary inspections from the Project Manager should same be required. The cost of any permlt fees required by the county, and not waived, shall be paid by the SERVICE PROVIDER. , ARTICLE III SERVICES PROVIDED BY THE COUNTY SECTION III-l SCOPE OF SERVICES. It is agreed and understood that certain services, if required, will be performed and furnished by the COUNTY in a timely manner so as not to delay the SERVICE PROVIDER unduly in his performance of said obligations. SECTION III-2 INFORMATION TO THE CONTRACTOR. The COUNTY will supply the SERVICE PROVIDER with adequate copies of all data pertaining to the required service, plus full information as to the COUNTY's requirements for the service including any known pertinent data from any other Contractors performing work that would affect this Project. SECTION III-3 BOARD STAFF RESPONDING TO SERVICE PROVIDER EXPEDITIOUSLY. The COUNTY will examine all data as the COUNTY deems appropriate for such examination and rendering written decisions pertaining thereto within a reasonable time so as not to delay the services of the SERVICE PROVIDER. SECTION Ill-4. BOARD GIVING NOTICE OF PROBLEMS. The COUNTY shall give prompt verbal and/or written notice to the SERVICE PROVIDER whenever the COUNTY observes or otherwise becomes aware of any defect in the service or changed circumstances. SECTION III-5. ACCESS TO PROPERTY. The COUNTY will guarantee access to and make necessary provisions for the SERVICE PROVIDER to enter upon public and private property as required for the SERVICE PROVIDER to perform his services under this Contract. ARTICLE IV SCOPE OF SERVICES PROVIDED BY THE SERVICE PROVIDER SECTION IV-I. SERVICE PROVIDER MISSION STATEMENT. The SERVICE PROVIDER shall do, perform, and carry out the services as specified below in a satisfactory and proper manner and in conformance with the standard practices and procedures of its professions. THE AUGUSTA YOUTH CENTER. INC. (AYC) SHALL PROVIDE A DAY REPORTING CENTER FOR RICHMOND COUNTY JUVENILE COURT AS SPECIFIED IN RFP 03-102A AND AYC'S PROPOSAL WHICH ARE INCORPORATED BY REFERENCE IN THEIR ENTIRETY. SECTION IV-2. DETAILED SCOPE OF SERVICES. The detailed scope of services to be performed by the SERVICE PROVIDER includes those services required and issued to the SERVICE PROVIDER by the County's Project Manager. All work shall comply with current Augusta Georgia Codes and shall be inspeqted or caused to be inspected by the Project Manager as appropriate. IN WITNESS WHEREOF, the parties hereto acting through their duly authorized agents have caused this Contract to be signed, sealed and delivered this day of , 2003.The effective date of said contract shall be August 15, 2003. SERVICE PROVIDER: .1~o~ator f ~~~a~ ~Q~ Augusta-Richmond County Juvenile Court Program Manager ATTACHMENT A DRUG - FREE WORKPLACE CERTIFICATION THE UNDERSIGNED CERTIFIES THAT THE PROVISIONS OF CODE SECTIONS 50-24-1 THROUGH 50-24-6 OF THE OFFICIAL CODE TO GEORGIA ANNOTATED, RELATED TO THE **DRUG-FREE WORKPLACE** HAVE BEEN COMPLIED WITH-IN FULL. THE UNDERSIGNED FURTHER CERTIFIES THAT: 1. A Drug-Free Work place will be provided for the employees during the performance ofthe contract; and 2. Each sub-contractor under the direction of the Contractor shall secure the following written certification: AUGUSTA YOUTH CENTER. INC. (SERVICE PROVIDER) certifies to Richmond County that a Drug-Free Workplace will be provided for the employees during the performance of this. contract known as DAY REPORTING CENTER - (pROJECT) pursuant to paragraph (7) of subsection (B) of Code Section 50-24-3. Also, the undersigned further certifies that he/she will not engage in the unlawful manufacture, sale, distribution, possession, or use of a controlled substance or marijuana during the performance ofthe contract. ~~ ~~- ONTRACTOR ~){/o ) DATE ~4t~ NOTARY r2 -/5-03 DATE MY COMMISSION EXPIRES: g-:<t-03 ATTACHMENT B SUBCONTRACTORS Name of Contracting or Subcontracting Firm Augusta Youth Center, Inc. 602 3rd Street Augusta, GA 30901 Key management and professional staff Name Tyrone Marshall Patricia Jones Title Mentor & Tutor Administrator Function Assist and counsel youth Coordinate Day Reporting Center In the event that personnel changes are approved by the COUNTY, the CONTRACTOR shall amend the ltst and attach the amended list to this list. B-1 ATTACHMENT C PROJECT COMPENSATION SCHEDULE PAYMENT WILL BE MADE BY INVOICE SUBMITTED TO PROJECT MANAGER ON A MONTHLY BASIS FOR SERVICES PROVIDE: COST OF OPERATING THIS PROGRAM IS $120.00 PER DAY - NOT TO EXCEED: $19,971.00. C-l