REQUEST FOR PROPOSAL: 2015

Transcription

1 REQUEST FOR PROPOSAL: 2015 The Braselton Municipal Court is soliciting competitive sealed proposals from qualified professional service providers to provide professional probation services for the Municipal Court of the Town of Braselton on an Annual Contract with four options for renewal. Proposals must be returned in a sealed container marked on the outside with the RFP professional probation services and Company Name. Proposals will be received until Noon local time on Friday, June 19, 2015, at Braselton Town Hall, 4982 Highway 53, Braselton, Georgia Any proposal received after this date and time will not be accepted. Questions about the proposals should be directed to Dawn Farris, Municipal Court Clerk at dfarris@braselton.net. Proposals are legal and binding upon the bidder when submitted. One (1) unbound original, designated as Original, three (3) copies and one (1) electronic copy should be submitted. All copies of the proposal must be identical and should not exceed fifteen (15) pages. The Town of Braselton does not discriminate on the basis of disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of the Town of Braselton should be directed to Jennifer Dees, or jdees@braselton.net. The written proposal documents supersede any verbal or written prior communications between the parties. Selection criteria are outlined in the request for proposal documents. The Town of Braselton reserves the right to reject any or all proposals to waive technicalities and to make an award deemed in its best interest. All companies submitting a proposal will be notified in writing of award. We look forward to your proposal and appreciate your interest in the Town of Braselton. RFP 2014-AS001 Page 1 of 29

2 SECTION 1 GENERAL REQUIREMENTS / INFORMATION The Braselton Municipal Court is soliciting competitive sealed proposals from qualified Professional Service Providers to Provide Probation Services for the Municipal Court of Braselton on an Annual Contract with four options for renewal. 1.0 No organization is to discuss any aspects of this Request for Proposal with any Braselton employee other than the Municipal Court Clerk. This is to insure that all prospective respondents have the same level of knowledge relative to the project as well as insuring the additional data is made available to all proposers. 1.1 Key Contact Persons: If you require additional information concerning the proposal, make your inquiries to the following person. Dawn Farris, Municipal Court Clerk Town of Braselton Post Office Box 306 Braselton, GA Phone # , Ext dfarris@braselton.net 1.2 Inquiries from Proposers: Submit written questions to Dawn Farris, Municipal Court Clerk, at the above address/ address. The deadline for receiving questions will be 4:00 p.m. local time on Thursday, June 11, RFP Addenda If required, one or more numbered Addenda may be issued to all firms receiving this solicitation. All Addenda should be signed and returned with the proposal documents. Failure to return the Addenda does not relieve the vendor from the responsibility of the information contained therein. Although the Town of Braselton will make every effort to send any addendum to known proposers, it is the proposer s ultimate responsibility to ensure that they have all applicable addenda prior to proposal submittal. This may be accomplished via contact with the Braselton Municipal Court Clerk prior to proposal submittal. 1.4 Proposal Submittal RFP 2014-AS001 Page 2 of 29

3 One (1) unbound original (designated as the original), three (3) copies and one (1) electronic copy of your proposal should be submitted. All copies of the proposal must be identical and should not exceed fifteen (15) pages. The full cost of the proposal preparation is to be borne by the proposing firm. Proposals must be signed in ink by a company official who has authorization to commit company resources Proposals shall be submitted in a sealed envelope/package. Envelope/package shall be addressed to Braselton Town Hall, 4982 Highway 53, Box 306, Braselton, GA and shall be identified with the RFP professional probation services and company name on the outside Proposals submitted are not publicly available until after award by the Braselton Town Council. Information submitted by a proposer in the proposal process shall be subject to disclosure after proposal award in accordance with the Georgia Open Records Act. Proprietary information must be identified. Entire proposals may not be deemed proprietary The Town of Braselton reserves the right to reject any or all proposals, in whole or in part, to negotiate changes in the scope of services and to waive any technicalities as deemed in its best interest Unsigned proposals will not be considered except in cases where proposal is enclosed with other documents that have been signed. The Town will determine this All vendors are required to provide Georgia Security and Immigration Compliance Act documents along with the RFP submittal Successful vendor is required within ten (10) days of the Notice of Award to provide the following: a. Certificate of Insurance as specified in the proposal document. b. Two (2) properly executed contract documents. 1.5 Americans with Disabilities Act All contractors for the Town of Braselton are required to comply with all applicable sections of the Americans with Disabilities Act (ADA) as an equal opportunity employer. In compliance with the Americans with Disabilities Act (ADS), the Town of Braselton provides reasonable accommodations to permit a qualified applicant with a disability to enjoy the privileges of employment equal to those employees without disabilities. Disabled individuals must satisfy job requirements for education background, employment experience, and must be able to perform those tasks that are essential to the job with our without RFP 2014-AS001 Page 3 of 29

4 reasonable accommodations. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of the Town of Braselton should be direct to Jennifer Dees, Town Manager, 4982 Highway 53, Braselton, GA BACKGROUND INFORMATION SECTION 2 STATEMENT OF WORK The Braselton Municipal Court has established a form of case supervision due to amendments to O.C.G.A Under the provisions of O.C.G.A (h) (1) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to enter into written contracts with private corporations, enterprises, or agencies to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation. The final contract negotiated by the judge with the private probation entity shall be attached to the approval by the governing authority of the municipality or consolidated government to privatize probation services as an exhibit thereto. The Town of Braselton and the Municipal Court Judge is seeking to establish a contracted private probation support program with professional services that will be enumerated below. 2.1 SCOPE OF WORK: SERVICES TO THE COURT The services under this contract shall include, but not necessarily be limited to, the following: Provide staff available during all sessions of court to perform intake on sentenced misdemeanants and Town ordinance violators, including digital images. a. Provide a system of case supervision to sentenced misdemeanants and Town ordinance violators with no cost to the Court. b. Provide a system of case supervision for defendants who are not sentenced to probation but cannot pay their fine; thus require being handled through administrative procedures. RFP 2014-AS001 Page 4 of 29

5 2.1.2 Provide conferencing with court staff on cases Provide conferencing with solicitors on cases Provide conferencing with judges on cases Coordinate case scheduling with court staff Maintain computerized, online, records for everyone sentenced to probation Prepare and serve approved paperwork on probationers Prepare delinquency reports, notice of subsequent offenses, and submit to judges Prepare warrants when appropriate File revocation petitions and orders and coordinate scheduling for hearings Provide testimony at delinquency or revocation hearings Collect fines and fees due the court from probationers Collect for disbursement, monies ordered by the court for restitution Establish and maintain computerized, integrated case record management and case financial management systems with ability to interface with court software system (SYSCON) Provide printer/copier for Probation Officer use at Municipal Court Provide laptop w/camera per Probation Officer for access to company software files for questions and verification of balance for use at Municipal Court Employ professional probation officers who meet or exceed the education, training and experience levels required by state law, but with a minimum of: a) Shall be at least 21 years of age at the time of appointment to the position of private probation officer; RFP 2014-AS001 Page 5 of 29

6 b) Must have completed a standard two-year college course, a 4-year degree is preferred. c) Shall have no felony convictions Employ a professional staff with a minimum of: a) High School diploma or GED; b) No felony convictions Maintain accurate records for work completed using forms and formats approved by the court and reporting techniques that will better assist in determining accountability for services. The court reserves the right to change reporting requirements / formats from time to time and to increase or diminish the amount of any other class of work as may be deemed necessary by actual demand of service Remit to the court, Court s Fines and Fees, on a weekly basis, all court fines and fees collected during the previous week Provide the court, on a weekly basis, a payment report showing all monies collected, by whom and for what purpose, showing all fees collected from defendants by the provider for services rendered on behalf of defendants Provide programs ( Programs ) to Probationers when ordered by the Court. Provide random drug testing as ordered by the court, with the expense to be borne by the Probationer Community Service to be served in Town of Braselton unless the judge allows otherwise due to extenuating circumstances Community Service hours early termination of probation will be allowed Provide a monthly report to the Court s judges that include the following information: a) Probationer s name and address; b) Court case number; c) Charge description; d) Statute code; e) Sentence date; f) Duration of ordered probation; g) Fines + costs imposed, paid, due; h) Total probation fee (monthly rate x months sentenced to probation) I) Total probation fee collected; j) Total probation fee balance; RFP 2014-AS001 Page 6 of 29

7 k) Last date of contact; l) Sentencing judge; m) Statutes; n) Probation officer NOTE: Provider may be asked to sort reports by any of the above-mentioned data elements and must be prepared to configure reports as specified by Braselton Municipal Court. 2.2 SCOPE OF WORK: SERVICES TO THE PERSON ON PROBATION (even if indigent): Provide professional, courteous service and assistance in successfully completing sentence requirements Provide counseling and access to programs to reduce recidivism through cognitive behavior modification techniques Provide access to community service work programs for offenders on probation and not on probation Provide regular monthly contacts and reporting same to appropriate Court officials Provide counseling, referrals for treatment and employment assistance as appropriate Coordinating and monitoring services for attendance in special treatment programs as required by the court, such as DUI School, mental health counseling, substance abuse treatment, etc Provide electronic monitoring for certain offenders designated by the court. [NOTE: The court recognizes the important contributions technology provides to its daily functioning and generally supports the use of electronic monitoring (EM) for offenders to assist probation officers in achieving their prescribed goal of community protection. The use of technology with offenders shall not be a substitute for staff. It shall only be viewed as a tool to support and enhance the supervision process. In establishing a program, however, the successful entity will meet the following critical elements: the initiative must be consistent with laws of Georgia and the court s policy; the court s and the Town s needs must be paramount in identifying the offenders targeted for this type of intervention; scheduling for offenders must be flexible in order to achieve the objectives of individualized supervision plans; priority consideration should be given to program staff requests for the use RFP 2014-AS001 Page 7 of 29

8 of agency resources for enforcement purposes; and vendor selection should be largely based upon strictly defined performance standards. Final approval of EM vendors by the successful entity is reserved for the court.] 2.3 SCOPE OF WORK: SERVICES TO THE COMMUNITY Provide locations and coordination activities for community service work, for probation and non-probation offenders Provide strategies to reduce the incident of recidivism among misdemeanor offenders. 2.4 CURRENT PROGRAM DATA Average monthly new cases Caseload successful proposer will assume. SECTION 3 PROPOSAL SUBMISSION REQUIREMENTS 3.0 QUALIFICATIONS OF THE PROPOSER The proposer must clearly demonstrate that they are capable of performing the services outlined in this RFP. The proposer must have a minimum of 2 years of experience in successfully performing the services of similar scope and size as the Town of Braselton s requirements A proposer s overall capability, specialized experience, reputation, past performance for similar services, technical competence, financial stability, ability to meet program goals, performance under contract terms and fee schedule will be considered in the award decision Please include the following information in your proposal: A statement as to whether the entity operates as a sole proprietorship, individual, partnership, or corporation and the state in which the entity is incorporated or licensed to operate. Identification of each individual owning a 5% or greater share in the entity (i.e., each shareholder, member partner, etc.) A resume for each key staff person who will participate in the program that highlights key and relevant experience and states RFP 2014-AS001 Page 8 of 29

9 the percentage of the total program effort that each person is anticipated to perform The name of the central contact person, along with their phone number(s), and any cellular phone number, , fax number and/or pager A minimum of three (3) references for services performed of similar size, scope, and complexity to the requirements listed in this RFP, including the following information: a. Name and location of program(s); b. Brief description; c. Name of program manager and telephone number; d. Date of completion if not still an active contract; e. A description of other, relevant programs completed. f. Provide a list of programs provided by Program Title, Target Population, Description of Program and Cost. 3.1 PROPOSER S METHODOLOGY IN PROVIDING SERVICE Include a narrative that demonstrates the proposer s understanding of the scope of work and the program goals Include a complete and concise written executive summary that clearly states the proposer s approach to rendering the required services. Any special techniques, strategies and capabilities should be discussed here Include a description or outline that includes how the proposer will approach the program in the Town of Braselton and its working relationship with others Specify about how the proposer s concept will translate the methodology proposed to meet the program goals, to include interaction with others outside of the program team who are involved in the program and relevance of approach to court s intent and needs Specify about how the entity will work with the court. RFP 2014-AS001 Page 9 of 29

10 3.1.6 Specify on special services and techniques that the entity will offer that will differentiate the entity s proposal from any other Specify on who will be responsible for the receipt of funds and how and who maintains an internal controls check and balance system of accountability of the associated funds. 3.2 EXPLANATION OF FINANCIAL SUPPORT Proposal shall include a detailed explanation of how the program will be funded The proposed funding structure will be included in the proposal evaluation under the Benefits to the Court criteria. 4.0 INFORMATION DISCLOSURE SECTION 4 SPECIAL TERMS AND CONDITIONS The Contractor or Contractor s employees shall not, without the prior written consent of Braselton Municipal Court, disclose to any unauthorized person not privy to the contract, any information acquired by the Contractor in the course of providing the Services; or deal with, or make use of, any such information except in the course of and for the purpose of providing the Services. 4.1 CONTRACT TERM The Town of Braselton shall have the option to renew the contract for four (4) additional one (1) year periods, provided: 1) Service is satisfactory, 2) Both parties are willing to renew, 3) The action is approved by the Braselton Town Council. 4.2 SAMPLE CONTRACT A sample contract has been included in the Proposal documents for your review. Please have your legal counsel review the contract prior to submittal of proposal. 4.3 INSURANCE Prior to execution of the contract, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the Town with Certificates of RFP 2014-AS001 Page 10 of 29

11 Insurance from licensed companies doing business in the State of Georgia and acceptable to the Town covering: PROFESSIONAL SERVICES INSURANCE REQUIREMENTS 1. Statutory Workers' Compensation Insurance (a) Employers Liability: Bodily Injury by Accident - $100,000 each accident Bodily Injury by Disease - $500,000 policy limit Bodily Injury by Disease - $100,000 each employee 2. Comprehensive General Liability Insurance (a) (b) $1,000,000 limit of liability per occurrence for bodily injury and property damage The following additional coverages must apply: * 1986 (or later) ISO Commercial General Liability Form * Dedicated Limits per Project Site or Location (CG or CG 25 04) * Additional Insured Endorsement (Form B CG with a modification for completed operations) * Blanket Contractual Liability (included in 1986 or later forms) * Broad Form Property Damage (included in 1986 or later forms) * Severability of Interest (included in 1986 or later forms) * Underground, explosion, and collapse coverage (included in 1986 or later forms) * Personal Injury (deleting both contractual and employee exclusions) * Incidental Medical Malpractice * Hostile Fire Pollution Wording 3. Auto Liability Insurance (a) (b) (c) (d) $500,000 limit of liability per occurrence for bodily injury and property damage Comprehensive form covering all owned, non-owned, leased, hired, and borrowed vehicles Additional Insured Endorsement Contractual Liability 4. Professional Liability Insurance - $1,000,000 (project specific for the Town of Braselton) limit of liability per claim/aggregate *Insurance company must be authorized to do business in the State of Georgia. ** Dedicated RFP 2014-AS001 Page 11 of 29

12 Limits per Project Site or Location (CG or CG or some other form) or $1,000,000 per occurrence and $2,000,000 aggregate. 5. The Town of Braselton (and any applicable Authority) should be shown as an additional insured on General Liability and Auto Liability policies. 6. The cancellation should provide 10 days notice for nonpayment and 30 days notice of cancellation 7. Certificate Holder should read: Town of Braselton 4982 Highway 53 Braselton, Georgia Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-6 or higher. Certain Workers' Comp funds may be acceptable by the approval of the Risk Management Division. European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the contractor s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best s rating of A-6 or better. 9. Insurance Company must be licensed to do business by the Georgia Department of Insurance. *See above note regarding Professional Liability 9. Certificates of Insurance, and any subsequent renewals, must reference Specific bid/contract by project name and project/bid number. 11. The Contractor shall agree to provide complete certified copies of current insurance policy(ies) if requested by the Town to verify the compliance with these insurance requirements. 12. All insurance coverages required to be provided by the Contractor will be primary over any insurance program carried by the Town. 13. Contractor shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each and every Subcontractor in any tier, and shall require each and every Subcontractor of any tier to comply with all such requirements. Contractor agrees that if for any reason Subcontractor fails to procure and maintain insurance as required, all such required Insurance shall be procured and maintained by Contractor at Contractor's expense. 14. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this RFP 2014-AS001 Page 12 of 29

13 Contract have been complied with and until evidence of such compliance satisfactory to the Town of Braselton as to form and content has been filed with Town of Braselton. The Acord Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute. 15. The Contractor shall agree to waive all rights of subrogation against the Town, Mayor and Council, its officers, officials, employees, and volunteers from losses arising from work performed by the contractor for the Town. 16. All Risk Contractors Equipment and Contents Insurance covering owned, used, and leased equipment, tools, supplies, and contents required to perform the services called for in the Contract. The coverage must be for full replacement cost. The Town will be included as a Loss Payee in this coverage for Town owned equipment, tools, supplies, and contents. 17. The Contractor shall make available to the Town, through its records or records of their insurer, information regarding a specific claim. Any loss run information available from the contractor or their insurer will be made available to the Town upon their request. 18. Compliance by the Contractor and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the Contractor and all Subcontractors of their liability provisions of the Contract. 19. The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of 1970, Public Law , and any other laws that may apply to this Contract. 20. The Contractor and all Subcontractors are to comply with the Georgia Security an Immigration Compliance Act as outlined in Exhibits A and B. 21. The Contractor shall at a minimum apply risk management practices accepted by the contractors industry. Surety Bonds (If Required) All of the surety requirements will stay the same except the Surety Company must have the same rating as item 8 above. 4.4 CONTRACT AWARD The awarded Contractor is required to provide the following within ten (10) days of the Notice of Award: RFP 2014-AS001 Page 13 of 29

14 a) Return to the Town of Braselton, Finance Director, contract documents signed and executed by the authorized representative, and attested by the corporate secretary with the corporate seal. b) Provide Insurance certificates, as specified in the bid document If the selected Proposer refuses or fails to enter into contract negotiations within ten (10) days after receipt of the notice of award, at that time the Town of Braselton may award the contract to the next responsive proposal The Town of Braselton reserves the right to negotiate with the Proposer that it deems to best meet the needs of the Town of Braselton All companies submitting proposals will be notified in writing of award. SECTION 5 PROPOSAL EVALUATION PROCESS 5.0 PROPOSAL EVALUATION PROCESS The Municipal Court of the Town of Braselton and the Town Council intends to accept the offer that is most advantageous to itself from the standpoint of price, experience, qualifications, and capability of the contractor to perform the contract. It reserves the right to reject any and all proposals received by reason of this request or to negotiate separately with any source whatsoever, in any manner deemed to be in the best interests of the Braselton Municipal Court and the Braselton Town Council During the course of the evaluation and selection process, the Court may request the highest scoring proposers to give a brief presentation onsite. The purpose of the presentation would be to offer a brief explanation of the proposer s services and how the proposer plans to provide the services outlined in the RFP, and to answer any questions that the evaluation team may have. The evaluation team may award 0-10 additional points for the presentation. Any costs associated with the preparation or presentation will be at the expense of the proposing firm The Town also reserves the right to conduct a pre-award survey or to require other evidence of managerial, financial, or other abilities prior to award of the contract. 5.1 REJECTION OF PROPOSAL Failure to observe any of the instruction or conditions in this request for proposal shall constitute grounds for rejection of proposal. RFP 2014-AS001 Page 14 of 29

15 5.2 PROPOSAL EVALUATION CRITERIA Evaluation of Proposals will be based on the following criteria: Criteria Points 1. Firm s proposed services to be provided to the Town; understanding of Scope; responsiveness to the needs of the Town Firm s proposed staffing and experience of staff Proximity to Braselton Firm s references, including experience(s), if any with Braselton Completeness and quality of proposal package 15 Total Points: Presentation (if requested) Maximum Points: 10 Total Possible Points: 110 RFP 2014-AS001 Page 15 of 29

16 ***The Town of Braselton requires that all agreements between parties be entered into via the following documents. If any exceptions are taken to any part of this document, each must be stated in detail and submitted as part of your proposal/bid document. If no exceptions are noted it is assumed that the party fully agrees to the contract in its entirety. Exceptions to the sample contract provided in this request for proposal will be considered in terms of responsiveness when making award.*** SAMPLE ANNUAL SERVICE PROVIDER CONTRACT This AGREEMENT made and entered into this day of, 20 by and between Town of Braselton, Georgia (Party of the First Part, hereinafter called the "Owner"), and, (Party of the Second Part, hereinafter called the "Service Provider"). NOW THEREFORE, for and in consideration of the mutual promises and obligations contained herein and under the conditions hereinafter set forth, the parties do hereby agree as follows: 1. TERM: This contract shall commence and shall be complete. This contract provides for four (4) additional one-year options of renewal. 2. ATTACHMENTS: Copies of the Service Provider's proposal, including all drawings, specifications, price lists, Instructions to Bidders, General Conditions, Special Provisions, and Detailed Specifications submitted to the Owner during the Bid process (hereinafter collectively referred to as the "Bid ") are attached hereto (Exhibit A) and are specifically incorporated herein by reference. In the event of a conflict between the Owner's contract documents and the Bid, the Owner's contract documents shall control. 3. PERFORMANCE: Service Provider agrees to furnish all skill and labor of every description necessary to carry out and complete in good, firm and substantial, workmanlike manner, PROBATION SERVICES FOR MUNICIPAL COURT ON AN ANNUAL CONTRACT, and in strict conformity with the Proposal. 4. COMPENSATION: The Service Provider will be compensated for services provided through probation fees imposed by the court in accordance with Georgia law, and collected by the Service Provider from the defendants. The fees are based on what the current code allows. 5. INSURANCE CERTIFICATES/NOTICE REQUIREMENTS: Service Provider shall maintain all insurance certificates as provided in the proposal specifications. Owner shall be named as additional insured and shall further be named as a "Loss Payee" on said insurance policies. Upon cancellation of said insurance policies, Service Provider or its agent(s) shall provide written notice to the Owner within 30 days upon Owner or it agent(s)'s knowledge or receipt of any such notice of cancellation. 6. INDEMNIFICATION AND HOLD HARMLESS: Service Provider agrees to protect, defend, indemnify, and hold harmless the TOWN, its judges, commissioners, officers, agents and employees from and against any and all liability, damages, claims, suits, liens, and judgments, for 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 to the extent arising out of and attributed to the negligent errors, acts, or omissions of the Service Provider. Service Provider's obligation to protect, defend, indemnify, and hold harmless, as set forth herein above shall include any matter arising out of any patent, trademark, copyright, or service RFP 2014-AS001 Page 16 of 29

17 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 protect, defend, indemnify, and hold harmless the TOWN, it's judges, commissioners, officers, agents, and employees from and against 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. 7. TERMINATION FOR CAUSE: The Town may terminate this agreement for cause upon ten (10) days prior written notice to the Service Provider of the Service Provider's default in the performance of any term of this Agreement. Such termination shall be without prejudice to any of the Town s rights or remedies provided by law. 8. TERMINATION FOR CONVENIENCE: The Town may terminate this Agreement for its convenience at any time by written notice to the Service Provider. In the event of the Town s termination of this Agreement for convenience, the Service Provider will be paid for those services actually performed. Partially completed performance of the Agreement will be compensated based upon a signed statement of completion to be submitted by the Service Provider who shall itemize each element of performance. 9. AGREEMENT NOT TO DISCRIMINATE: During the performance of this Contract, the Service Provider will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, or disability which does not preclude the applicant or employee from performing the essential functions of the position. The Service Provider will also, in all solicitations or advertisements for employees placed by qualified applicants, consider the same without regard to race, creed, color, sex, national origin, age, or disability which does not preclude the applicant from performing the essential functions of the job. 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, providing that the foregoing provisions shall not apply to contracts or subcontractors for standard commercial supplies of raw materials. 10. ASSIGNMENT: The Service Provider shall not sublet, assign, transfer, pledge, convey, sell or otherwise dispose of the whole or any part of this Contract or his right, title, or interest therein to any person, firm, or corporation without the previous consent of the Owner in writing. 11. WAIVER: A waiver by either party of any breach of any provision, term, covenant, or condition of this agreement shall not be deemed a waiver of any subsequent breach of the same or any other provision, term, covenant, or condition. 12. SEVERABILITY: The parties agree that each of the provisions included in this agreement is separate, distinct and severable from the other and remaining provisions of this agreement, and that the invalidity of any agreement provision shall not affect the validity of any other provision or provisions of this agreement. 13. GOVERNING LAW: The parties agree that this agreement shall be governed and construed in accordance with the laws of the State of Georgia. This agreement has been signed in Braselton of Braselton, Georgia. 14. MERGER CLAUSE: The parties agree that the terms of this agreement include the entire agreement between the parties, and as such, shall exclusively bind the parties. No other representations, either oral or written, may be used to contradict the terms of this agreement. [SIGNATURES NEXT PAGE] RFP 2014-AS001 Page 17 of 29

18 IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized agents, have caused this AGREEMENT to be signed, sealed and delivered. A Municipal Corporation of TOWN OF BRASELTON, GEORGIA By: Bill Orr, Mayor ATTEST: Signature Jennifer Dees Manager & Clerk, Town of Braselton Seal APPROVED AS TO FORM: Signature Town Attorney SERVICE PROVIDER: BY: TITLE: ATTEST: Corporate Secretary Print Name Seal RFP 2014-AS001 Page 18 of 29

19 EXHIBIT A GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT The following employee-number category is applicable to (company name): ( ) 500 or more employees ( ) 100 or more employees ( ) Fewer than 100 employees (Company name) agrees that, in the event (company name) employs or contracts with any subcontractor(s) in connection with the covered contract, (company name) will secure from the subcontractor(s) such subcontractor(s ) indication of the employee-number category applicable to the subcontractor. (Company name) attests compliance with the requirements of O.C.G.A and Rule by the execution of the contractor affidavit attaches as Appendix B as shown in Rule , or a substantially similar contractor affidavit, which document is attached to and made a part of this contract as Exhibit A. (Company name) agrees, that, in the event (company name) employs or contracts with any subcontractor(s) in connection with the covered contract, (company name) will secure from such subcontractor(s) attestation of the subcontractor s compliance with O.C.G.A and Rule by the subcontractor s execution of the subcontractor affidavit shown in Rule or a substantially similar subcontractor affidavit, and maintain records of such attestation for inspection by the Town at any time. Such subcontractor affidavit included with this Agreement, as Exhibit B shall be made a part of the contractor/subcontractor agreement. RFP 2014-AS001 Page 19 of 29

20 EXHIBIT B CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A , stating affirmatively that the individual, firm or corporation which is contracting with the Town of Braselton has registered with and is participating in a federal work authorization program {any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L }, in accordance with the applicability provisions and deadlines established in O.C.G.A The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the Braselton of Braselton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A on the Subcontractor Affidavit provided in Rule or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Town of Braselton at the time the subcontractor(s) is retained to perform such service. EEV/Basic Pilot Program User Identification Number: By: Authorized Officer or Agent of (company name): Title of Authorized Officer or Agent of Contractor: Printed Name of Authorized Officer or Agent: Date: SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF, 20 Notary Public: Print Name: My Commission Expires: SEAL RFP 2014-AS001 Page 20 of 29

21 GENERAL CONDITIONS To Service Provider AGREEMENT Article 1 Definitions 2 Contract Documents 3 Changes and Extra Work 4 Personnel and Equipment 5 Accuracy of Work 6 Findings Confidential 7 Termination of Agreement for Cause 8 Termination for Convenience of the TOWN 9 SERVICE PROVIDER to Cooperate with other SERVICE PROVIDERS 10 Indemnification 11 Covenant Against Contingent Fees 12 Insurance 13 Prohibited Interests 14 Subcontracting 15 Assignability 16 Equal Employment Opportunity RFP 2014-AS001 Page 21 of 29

22 GENERAL CONDITIONS To Service Provider Agreement Article 17 Anti-Kickback Clause 18 Audits and Inspectors 19 Ownership, Publication, Reproduction and Use 20 Verbal Agreement or Conversation 21 Independent Contractor 22 Notices RFP 2014-AS001 Page 22 of 29

23 1 DEFINITIONS Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the following meanings: 1.1 TOWN-means Town of Braselton, Georgia, a political subdivision of the State of Georgia. 1.2 SUPPLEMENTAL AGREEMENT-means a written order to SERVICE PROVIDER signed by the TOWN and accepted by SERVICE PROVIDER, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement. 1.3 CONTRACT-means the Agreement Documents specifically identified and incorporated herein by reference in Section 2, CONTRACT DOCUMENTS. 1.4 AGREEMENT EXECUTION-means the date on which SERVICE PROVIDER executes and enters into an Agreement with the TOWN to perform the Work. 1.5 AGREEMENT PRICE-means the total monies, adjusted in accordance with any provision herein, payable to the SERVICE PROVIDER under this Agreement. 1.6 CONTRACT TIME-means the period of time stated in this Agreement for the completion of the Work. 1.7 SERVICE PROVIDER-means the party or parties contracting directly with the TOWN to perform Work pursuant to this Agreement. 1.8 DEPARTMENT-means Braselton Municipal Court, Chief Judge or his/her designee. 1.9 DRAWINGS-means collectively, all the drawings, receipt of which is acknowledged by the TOWN, listed in this Agreement, and also such supplementary drawings as the SERVICE PROVIDER may issue from time to time in order to clarify or explain such drawing or to show details which are not shown thereon SPECIFICATIONS-means the written technical provisions including all appendices thereto, both general and specific, which form a part of the Agreement Documents SUBCONTRACTOR-means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with SERVICE PROVIDER or with any of its subcontractors at any tier to provide a part of the Work called for by this Agreement WORK-means any and all obligations, duties and responsibilities, including furnishing equipment, engineering, design, workmanship, labor and any other services or things necessary to the successful completion of the Project, assigned to or undertaken by SERVICE PROVIDER under this Agreement LIAISON-Representative of the TOWN who shall act as Liaison between the TOWN and the SERVICE PROVIDER for all matters pertaining to this Agreement, including review of SERVICE PROVIDER'S plans and work. 2 CONTRACT DOCUMENTS 2.1 LIST OF DOCUMENTS The Agreement, any required bonds, the General Conditions, the Appendices, the Detailed Scope of Work, the Specifications, the Drawings, the Exhibits, and all Agreement Supplemental Agreements shall constitute the Agreement Documents. RFP 2014-AS001 Page 23 of 29

24 2.2 CONFLICT AND PRECEDENCE The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in the following order: 1. Supplemental Agreements 2. Agreement 3. General Conditions 4. Detailed Scope of Work 5. Specifications 6. Drawings 3 CHANGES AND EXTRA WORK The TOWN may, at any time, request changes in the work to be performed hereunder. All such changes, including any increase or decrease in the amount of the SERVICE PROVIDER'S compensation, which are mutually agreed upon by and between the TOWN and the SERVICE PROVIDER, shall be incorporated in written Supplemental Agreements to the Agreement. 4 PERSONNEL AND EQUIPMENT The SERVICE PROVIDER represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, the TOWN. Primary liaison with the TOWN will be through its designee. 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. The SERVICE PROVIDER shall employ only persons duly registered in the appropriate category in responsible charge of supervision and design of the work; and further shall employ only qualified surveyors in responsible charge of any survey work. The SERVICE PROVIDER shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration, being in the full employ of the SERVICE PROVIDER and responsible for the work prescribed by this Agreement. 5 ACCURACY OF WORK The SERVICE PROVIDER shall be responsible for the accuracy of the work and shall promptly correct errors and omissions in its plans and specifications without additional compensation. Acceptance of the work by the TOWN will not relieve the SERVICE PROVIDER of the responsibility for subsequent correction of any errors and the clarification of any ambiguities. 6 FINDINGS CONFIDENTIAL The SERVICE PROVIDER agrees that its conclusions and any reports are for the confidential information of the TOWN 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 the TOWN, and will only discuss the same with it or its authorized representatives. Upon completion of this Agreement term, all documents, reports, maps, data and studies prepared by the SERVICE PROVIDER pursuant thereto shall become the property of the TOWN and be delivered to DEPARTMENT. RFP 2014-AS001 Page 24 of 29

25 Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall not be presented publicly or published without prior approval in writing of the TOWN. It is further agreed that if any information concerning the PROJECT, its conduct, results, or data gathered or processed should be released by the SERVICE PROVIDER without prior approval from the TOWN, the release of same shall constitute grounds for termination of this Agreement without indemnity to the SERVICE PROVIDER, but should any such information be released by the TOWN or by the SERVICE PROVIDER with such prior written approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement. 7 TERMINATION OF AGREEMENT FOR CAUSE If through any cause, the SERVICE PROVIDER shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the SERVICE PROVIDER shall violate any of the covenants, agreements or stipulations of this Agreement, the TOWN shall thereupon have the right to terminate this Agreement by giving written notice to the SERVICE PROVIDER of such termination, and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. Failure to maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid schedule without prior approval of the TOWN, shall constitute cause for termination. In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared by the SERVICE PROVIDER under this Agreement shall become the property of the TOWN, and the SERVICE PROVIDER shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as determined by the TOWN. 8 TERMINATION FOR CONVENIENCE OF THE TOWN The TOWN may terminate this Agreement for its convenience at any time by notice in writing to the SERVICE PROVIDER. If the Agreement is terminated by the TOWN as provided in this Article 8, the SERVICE PROVIDER 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 the SERVICE PROVIDER which shall itemize each task element and briefly state what work has been completed and what work remains to be done. All such expenses shall be properly documented and submitted to the Director or his designee for processing and payment. The Braselton Town Council shall be the final authority in the event of any disputes over authorized costs between the Director and the SERVICE PROVIDER. 9 SERVICE PROVIDERS TO COOPERATE WITH OTHER SERVICE PROVIDERS If the TOWN undertakes or awards other contracts for additional related work, the SERVICE PROVIDER shall fully cooperate with such other SERVICE PROVIDERS and the TOWN employees or appointed committee(s), and carefully fit its own work to such additional work as may be directed by the TOWN. The SERVICE PROVIDER shall not commit or permit any act, which will interfere with the performance of work by any other SERVICE PROVIDER or by TOWN employees. 10 INDEMNIFICATION SERVICE PROVIDER agrees to protect, defend, indemnify, and hold harmless the TOWN, its council members, officers, agents and employees from and against any and all liability, damages, claims, suits, liens, and judgments, for 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 to the extent arising out of and attributed to the negligent errors, acts, or omissions of the SERVICE PROVIDER. SERVICE PROVIDER'S obligation to protect, defend, indemnify, and hold harmless, as set forth herein above shall include any matter arising out of any patent, trademark, copyright, or service mark, or any actual or alleged unfair competition disparagement of product or RFP 2014-AS001 Page 25 of 29

26 service, or other business tort of any type whatsoever, or any actual or alleged violation of trade regulations. SERVICE PROVIDER further agrees to protect, defend, indemnify, and hold harmless the TOWN, its council members, officers, agents, and employees from and against 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. 11 COVENANT AGAINST CONTINGENT FEES The SERVICE PROVIDER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by SERVICE PROVIDER for the purpose of securing business and that the SERVICE PROVIDER has not received any non-town fee related to this Agreement without the prior written consent of the TOWN. For breach or violation of this warranty, the TOWN shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. 12 INSURANCE The SERVICE PROVIDER shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy (s) that will ensure and indemnify both TOWN and SERVICE PROVIDER against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the SERVICE PROVIDER during the term of this Agreement. The liability under such insurance policy shall be not less than as stated in the Bid Proposal. The SERVICE PROVIDER shall provide, at all times that this Agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia. The SERVICE PROVIDER shall provide, at all times that this Agreement is in effect, Professional Liability Insurance with a limit of not less than that as stated in the Bid Proposal. Additionally, SERVICE PROVIDER shall provide, at all times that this Agreement is in effect, automobile liability insurance with a limit of not less than that as stated in the Bid Proposal. The policies shall be written by a responsible company(s), to be approved by the TOWN, and shall be non-cancelable except on thirty-(30) days' written notice to the TOWN. Such policies shall name the TOWN as co-assured, except for worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Administrative Services Director at the time of the execution of this Agreement. 13 PROHIBITED INTERESTS 13.1 Conflict of Interest: The SERVICE PROVIDER 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 services hereunder. The SERVICE PROVIDER further agrees that, in the performance of the Agreement, no person having any such interest shall be employed Interest of Public Officials: No member, officer, or employee of the TOWN during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 14 SUBCONTRACTING RFP 2014-AS001 Page 26 of 29