DAWSON COUNTY GOVERNMENT REQUEST FOR PROPOSALS FOR INTERNET SERVICE PROVIDER FOR DAWSON COUNTY GOVERNMENT SUBMISSIONS ARE DUE AT THE ADDRESS SHOWN BELOW NO LATER THAN FRIDAY, JUNE 6, 2014, AT 10:30AM, EST DAWSON COUNTY BOARD OF COMMISSIONERS ATTENTION: PURCHASING DIRECTOR 25 JUSTICE WAY, SUITE 2223 DAWSONVILLE, GA 30534 BID #240-14 RFP INTERNET SERVICE PROVIDER FOR DAWSON COUNTY GOVERNMENT THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS RFP ON OR BEFORE THE STATED DATE AND TIME WILL BE SOLELY AND STRICTLY THE RESPONSIBILITY OF THE OFFEROR. ISSUE DATE: May 7, 2014 Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 1
DAWSON COUNTY, GEORGIA REQUEST FOR PROPOSALS FOR INTERNET SERVICE PROVIDER FOR DAWSON COUNTY GOVERNMENT SECTION I GENERAL OVERVIEW A. PURPOSE Dawson County Board of Commissioners is soliciting sealed proposals from qualified vendors to provide uninterrupted internet services to all Dawson County Government offices under an annual contract. Vendors shall be able to show experience working with government agencies. The County does not guarantee a minimum value for this contract. B. INFORMATION TO VENDORS 1. RFP TIMETABLE The anticipated schedule for the RFP is as follows: RFP Released Wednesday, May 7, 2014 Pre-Proposal Meeting - **MANDATORY** Friday, May 16, 2014 at 10:00AM, EST Deadline for Questions to Dawson Tuesday, May 20, 2014 by 1:00PM, County EST Deadline for posting Addenda to Tuesday, May 27, 2014 by 5:00PM, County website at EST www.dawsoncounty.org RFP Due Date Friday, June 6, 2014 at 10:30AM, EST Interviews (if necessary) June 23-26, 2014 at TBD Tentative Award Date August 7, 2014 at 6:00PM, EST Chart 1 2. BID SUBMISSION One (1) original, six (6) hard copies and one (1) electronic copy of the complete signed submittal must be received FRIDAY, JUNE 6, 2014 AT 10:30AM, EASTERN STANDARD TIME. Proposals must be submitted in a sealed envelope stating on the outside, the vendor's name, address, title of Bid #240-14 RFP Internet Service Provider for Dawson County Government to: Dawson County Board of Commissioners Attention: Purchasing Director 25 Justice Way, Suite 2223 Dawsonville, GA 30534 Hand delivered copies may be delivered to the above address ONLY between the hours of 8: 00AM and 5:00PM EST, Monday through Friday, excluding holidays observed by the Dawson County Government. For a complete listing of holidays please visit www.dawsoncounty.org. Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 2
Vendors are responsible for informing any commercial delivery service, if used, of all delivery requirements and for ensuring that the required address information appears on the outer wrapper or envelope used by such service. NOTE: Many express mail and delivery services do not guarantee overnight by noon to Dawson County. Submission by US Mail must be sent to the below address: Dawson County Board of Commissioners Attention: Purchasing Director 25 Justice Way, Suite 2223 Dawsonville, GA 30534 The Submittal must be signed by a company officer who is legally authorized to enter into a contractual relationship in the name of the vendor. 3. CONTACT PERSON Vendors are encouraged to contact Davida Simpson, Purchasing Director at (706) 344-3501, by fax at (706) 531-2728 or email dsimpson@dawsoncounty.org to clarify any part of the RFP requirements. All questions that arise prior to the DEADLINE FOR QUESTIONS due date shall be directed to the contact person in writing via facsimile or email. Any unauthorized contact shall not be used as a basis for responding to this RFP and also may result in the disqualification of the vendor's submittal. Vendors may not contact any elected official or other county employee to discuss the bid process or bid opportunities except: 1.) through the Purchasing Director named herein, or 2.) as provided by existing work agreement(s). This policy shall be strictly enforced and the County reserves the right to reject the submittal of any vendor violating this provision. 4. ADDITIONAL INFORMATION/ADDENDA Dawson County will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the due date posted on the county s website under the bid information. Vendors should not rely on any representations, statements or explanations other than those made in this RFP or in any addendum to this RFP. Where there appears to be a conflict between the RFP and any addenda issued, the last addendum issued will prevail. Vendors are advised to check the website for addenda before submitting their bids. Vendors must acknowledge any issued addenda by including Attachment B- Addenda Acknowledgement with the submittal. Proposals which fail to acknowledge the vendor s receipt of any addendum will result in the rejection of the offer if the addendum contains information which substantively changes the Owner s requirements 5. LATE SUBMITTAL AND LATE MODIFICATIONS Submittals received after the due date and time will not be considered. Modifications received after the due date will not be considered. Dawson County Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 3
Government assumes no responsibility for the premature opening of a proposal not properly addressed and identified, and/or delivered to the proper designation. 6. REJECTION OF PROPOSALS/CANCELLATION Dawson County Government reserves the right to reject any and all submittals and reserves the right to waive irregularities or informalities in any submittal or in the submittal procedure, when to do so would be to the advantage of Dawson County. Dawson County reserves the right to cancel this RFP at any time. 7. MINIMUM RFP ACCEPTANCE PERIOD Submittals shall be valid and may not be withdrawn for a period of 90 days from the date specified for receipt of submittals. 8. NON-COLLUSION AFFIDAVIT By submitting a response to this RFP, the vendor represents and warrants that such proposal is genuine and not a sham or collusive or made in the interest or in behalf of any person not therein named and that the vendor has not directly or indirectly induced or solicited any other vendor to put in a sham proposal, or any other person, firm or corporation to refrain from submitting and that the vendor has not in any manner sought by collusion to secure to that vendor any advantage over any other vendor. By submitting a proposal, the vendor represents and warrants that no official or employee of Dawson County Government has, in any manner, an interest, directly or indirectly in the proposal or in the contract which may be made under it, or in any expected profits to arise there from. 9. COST INCURRED BY VENDORS All expenses involved with the preparation and submission of the RFP to the Dawson County Board of Commissioners, or any work performed in connection therewith is the responsibility of the vendor(s). 10. RFP OPENING Only the names of the firms responding to this RFP will be read aloud publicly due to the fact that the proposals will be subject to an evaluation review for accurate qualifications. A list of names of firms responding to the RFP may be obtained from the county s website www.dawsoncounty.org, after the RFP due date and time stated herein. 11. OPEN RECORDS All materials submitted in connection with this RFP will be public documents and subject to the Open Records Act and all other laws of the State of Georgia, the United States of America and the open records policies of Dawson County Board of Commissioners. All such materials shall remain the property of Dawson County and will not be returned to the respondent. 12. TAXES Dawson County Government is tax exempt. No sales tax will be charged on any products or services. Dawson County cannot exempt any other person/vendor Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 4
from applicable sales taxes that may be required of them in relations to this project. Selected vendor will be provided with Dawson County s Sales and Use Tax Certificate of Exemption number upon request. 13. VENDOR INFORMATION All submissions shall include a completed vendor information form, current copy of business license and current W-9. Failure to provide this information could result in the disqualification of the vendor from submitting a proposal. 14. INSURANCE Selected vendor will be required to provide Dawson County with a Certificate of Insurance for liability and workman s compensation insurance before work can begin on this County project and be effective for the duration of the work as described in the contract documents, including authorized change orders, plus any period of guarantee as required in the general warranty. General liability insurance should be at least one million dollars ($1,000,000) combined single limit per occurrence. Automobile insurance should be at least five hundred thousand dollars ($500,000) combined single limit per accident for bodily injury or property damage; and Workman s Compensation insurance should be as required by the State of Georgia. 15. BONDS If required, under SECTION II SCOPE OF WORK of this document any combination of the following bonds may be requested by Dawson County. A five percent (5%) bid bond, a one hundred percent (100%) payment bond, and a one hundred percent (100%) performance bond. All bonds would be payable to Dawson County Board of Commissioners. Failure to submit appropriate bonding will result in automatic rejection of bid. Bonding company must be authorized to do business in Georgia by the Georgia Insurance Commission, listed in the Department of Treasury s publication of companies holding certificates of authority as acceptable surety on Federal bonds and as acceptable reinsuring companies, and have an A.M. Best rating. 16. ANTI-DISCRIMINATION Dawson County, in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit bids in response to this Request for Qualifications and will not be discriminated against on the grounds of race, color, national origin, sex, handicap/disability in consideration of an award. By submitting their bids, all bidders certify to Dawson County that they will conform to the provisions of the Federal Civil Rights Act of 1964. In every contract of over $10,000 the provisions in 1. and 2. below apply: Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 5
1. During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 2. The contractor will include the provisions of 1. above in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor. 17. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT Vendors submitting a Qualification package in response to this RFP must provide the following information in the package to indicate compliance with the Georgia Security and Immigration Compliance Act. The form is provided for completion. A. A statement that indicates the contractor will conduct itself in compliance with O.C.G.A. 13-10-91 and Rule 300-10-.02 in the execution of the contract. B. By completing the affidavit that is provided with this solicitation, the vendor is attesting to the following: a. The affiant has registered with and is authorized to use the federal work authorization program; b. The user identification number and date of authorization for the affiant; c. The affiant is using and will continue to use the federal work authorization program throughout the contract period; d. Any employee, contractor, or subcontractor of such contractor or subcontractor shall also be required to satisfy the requirements set forth in this paragraph; and e. Upon contracting with a new subcontractor, a contractor or subcontractor shall notify Dawson County and shall deliver a completed Subcontractor Affidavit to Dawson County within five (5) working days of entering into a contract or agreement of hire with the subcontractor before the new subcontractor begins any work. C. Failure to provide the completed and notarized affidavit with the contractor s proposal will result in immediate disqualification as required by the Georgia Security and Immigration Compliance Act. Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 6
SECTION II GENERAL CONDITIONS A. PURPOSE Dawson County Board of Commissioners is soliciting sealed proposals from qualified vendors to provide uninterrupted internet services to all Dawson County Government offices under an annual contract not to exclude the transition period. B. CONTRACT PERIOD The initial term of a contract awarded as a result of this RFP shall be from date of award through December 31, 2014. The contract may be renewed according to the terms stated herein for five (5) additional one (1) year periods. The contract shall terminate absolutely and without further obligation at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the County under this contract. The County does not guarantee a minimum value for this contract. If, at any time, the County determines it is in its best interest to discontinue use of these services the County reserves the right to cancel this Agreement by giving thirty (30) days advance written notice. Dawson County intends to contract with single most responsive bidder for internet services but the County, at its option, may elect to award contracts to more than one vendor if deemed suitable. C. SCOPE OF WORK The Service Provider shall provide uninterrupted internet and network services to Dawson County Government. The successful vendor to provide all labor, material, freight, equipment and supervision necessary to successfully perform this contract. Vendors shall be able to show experience working with government agencies. Below are the minimum requirements for connectivity: TYPE OF CONNECTION LOCATION/ ADDRESS 1. 100 MB Connection/30MB Dedicated Internet Dawson County 25 Justice Way Government Center (DCGC) 2. VLS or Fiber Connectivity from the following locations back to DCGC/10MB each Long Building 189 Highway 53 West Fire Station #1 393 Memory Lane Fire Station #2 145 Liberty Drive Senior Center 201 Recreation Road Transfer Station/Bus 946 Burt Creek Road Station Rock Creek Park 445 Martin Road Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 7
TYPE OF CONNECTION Reserve for future growth LOCATION/ ADDRESS 3. DSL Internet Connections to the following for VPN Connections to DCGC Fleet Center 860 Highway 53 West Fire Station #3 951 Harmony Church Road Fire Station #7 170 Dawson Forest Road Fire Station #8 2996 Monument Road 4. Dawson County Sheriff s Office is linked via fiber from DCGC Chart 2 Note: Dawson County reserves the right to amend the list of locations at any time. Services and locations not included in this RFP: E-911 Center, Dawson County Law Enforcement Center, 19 Tucker Avenue Public Safety Radio System T1 lines Wireless internet or WIFI is owned by Dawson County Tax Commissioner s Department of Revenue T1 line Clerk of Court s DSL connection to State of Georgia OTHER REQUIREMENTS Vendor must be able to provide 24/7 connectivity to all locations. Network must speak to current phone systems currently being utilized by location. Currently, Dawson County utilizes either AVAYA or Nortel phone systems. Dawson County requires a solution that mandates Layer II Private IP connection from one site to another with the capacity to support multiple sites in a traditional hub and spoke environment while maintaining Quality of Service (QoS). Three protocols meet this definition as follows: 1. Layer II point to point environment with QoS achieved via hardware configuration. 2. Layer III Private MLPS that is Network QoS capable 3. Point to Point Private Fiber with all hardware provided by vendor (end to end) and maintaining QoS. IP SEC routing/tunneling is an unacceptable solution. PRE-PROPOSAL MEETING/SITE VISIT- MANDATORY There will be a mandatory pre-proposal meeting held on Friday, May 16, 2014 at 10:00AM, EST at the Dawson County Government Center, 2 nd Floor Administration Training Room, 25 Justice Way, Dawsonville, GA. This will be the only opportunity for vendors to tour the facilities mentioned in this RFP. It is highly recommended vendors bring any subject matter experts to this meeting. D. STATEMENT OF QUALIFICATIONS Questionnaire: Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 8
The Internet Service Provider Response Questionnaire must clearly demonstrate the required qualifications, expertise, competence, and capability of the vendor. Please include the answers to the following questions (Address each by number): General: 1. Describe your organizational structure (i.e. publicly held corporation, partnership, etc.). Review each area of your organization and describe their function. 2. Is this a satellite office or branch office? If yes, provide information on the headquarters office. 3. Confirm that you are a licensed within your field and provide documentation. 4. Briefly describe your company s organization, philosophy and management. Also, please provide a brief company history. 5. How long has your organization been providing these types of services? Has your organization ever operated under a different name? Why was the name changed? 6. How many public sector clients does your firm currently provide professional services to? 7. What makes your organization unique from the other organizations that may submit proposals for the County s consideration? Service Team: 8. Provide qualifications, background and training on service team that would be dedicated to this account (customer and technical support as well as technician who would come for service calls). 9. State proximity of your organization s office to Dawson County (miles). Location where team would be dispatched for service is being requested not the corporate office. Specific to Scope of Work: 10. Provider to show compliance with providing 24/7 connectivity to all locations provided. 11. Provide method in which connectivity will be obtained. 12. Provide information on any warranties included with regards to service, labor or parts. Service & Support: 13. Provide information with regards to technical support packages included. Additional pricing, if applicable: 14. Provide information with regards to customer support during business hours, nonbusiness hours, and emergency, et al: Call-back times, on-site response times, etc. Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 9
Additional pricing, if applicable: 15. Provide pricing information with regards to service calls. Example: minimum service fees, maximum number allowed in any period, etc. Pricing: 16. Provide a written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFP in the most cost effective manner. This proposal should be a total turn-key solution for Dawson County. This price should be exhaustive. List of fees should include but not limited to: monthly and annual rates, infrastructure cost, construction fees, maintenance costs and service fees, et al. 17. Provide any standard language for rate increases and basis of such increases. 18. Provide a list of any other charges/fees/taxes applicable. 19. Provide a schedule for construction/transition/cut-over as applicable. Other: 20. Provide any additional information regarding your organization or services that you feel would be beneficial in helping the County to select a vendor. 21. Vendor shall provide (1) electronic copy on a properly labeled CD or other electronic media device. The electronic copy submitted should be contained into one (1) file. The use of Adobe PDF documents is strongly recommended. Files contained on the CD or electronic media shall not be restricted against saving or printing. The electronic copy shall be identical to the original papers submitted. References: 22. Please provide a list of four verifiable public sector references, all of whom are able to comment on your organization s relevant experience. Please furnish: group name, contact name and telephone number, services you provided and time period covered. 23. Provide a list of four verifiable references, located within Dawson County, all of whom are able to comment on your organization s relevant experience. Please furnish: group name, contact name and telephone number, services you provided and time period covered. 24. List any and all accounts held by local governments (city and county) in Georgia within the last five (5) years. If any, do you still hold that account? If no, why not? If no Georgia local governments, indicate so. E. EVALUATION Criteria for Evaluation: All proposals will be evaluated according to, but not necessarily limited to, the following: Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 10
Your firm s indicated ability to provide a level of service sufficient to meet the County s needs, as stated in your RFP response and Internet Service Provider Response Questionnaire. The following point system will be utilized to help evaluate the proposals: Criteria Points Allowed Background and Experience of the Vendor and 15 Qualifications of Staff Approach to Scope of Work & Methodology 25 Internet Service Provider Response Questionnaire 20 (excluding price) Proven Effectiveness working with Government 10 Agencies & References Financial Stability & Business Litigation 10 Pricing 20 TOTAL POINTS 100 Chart 3 Company Background and Structure The Proposer will provide a general history and description of its company including, but not limited to, the number of years in business, number of employees, and an organization chart showing principal staff members who will provide service to Dawson County. Include the legal form of the business organization, the state in which incorporated (if corporation), the types of business ventures in which the organization is involved, and the office location that will be the point of contact during the term of any resulting contract. Company Experience and Staff Proposers are encouraged to list years of experience in the banking business; and, if possible, show a proven effectiveness in administering contracts with County governments. Proposers must have qualified and trained staff with sufficient back-up personnel to successfully complete the contract requirements. Approach to Scope of Work/Methodology Referencing the Scope of Work listed under Section C, provide a detailed approach to fulfill the requirements of this RFP. Financial Stability Provide financial information that would allow proposal evaluators to ascertain the financial stability of the Proposer. If a public company, include a recap of the most recent audited financial report. If a private company, provide a recap of the most recent internal financial statement and a letter, on the financial institution s letterhead, stating financial stability. Business Litigation Disclose any involvement by the organization or any officer or principle in any material business litigation within the last five (5) years. The disclosure will include an explanation, as well as the current status and/or disposition of the case. Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 11
Oral Presentations: During the evaluation process, Dawson County may at its discretion, request oral presentations from any or all respondents for the purpose of clarification or amplifying the materials presented. However, respondents are cautioned that the County is not required to request clarification; therefore, all proposals should be complete and reflect the most favorable terms available from the Vendor. F. Preparing of the Statement of Qualifications Each proposal should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete presentation. The cost for developing the submittal is the sole responsibility of the respondent. The County will not provide reimbursement for such costs. An Original must be clearly marked and shall contain original signatures. G. Organization of Statement of Qualifications Submitting firms will strictly adhere to the following order when preparing a Statement of Qualifications. Information provided shall not exceed 40 pages (single-sided). Section dividers may be used in addition to the 40 page limit. Information shall be organized in the following order and each section shall be limited to the number of pages indicated: Statement of Qualifications Order # of Pages Allowed 1 Vendor Information Form* On Page 16 of RFP 2 Cover Letter 1 3 Company Background 4 4 Qualifications and Experience of Key Staff 6 5 Administrative and Project Management Organization 1 6 Internet Service Provider Response Questionnaire 8 7 References 4 8 Financial Stability 6 9 Business Litigation within the last five (5) years 1 10 Total Price Proposal 3 11 Standard Fee Schedule 2 Total 40 Chart 4 Dawson County Required Forms Order* Page # in RFP 12 Vendor s Information Form 17 13 Execution of Proposal 18 14 Proposer s Certification and Statement of Non-Collusion 19 15 Addenda Acknowledgement 20 16 Addenda (if applicable) 17 Drug-Free Workplace Affidavit 21 Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 12
18 Georgia Security and Immigration Compliance Act Affidavit 22-25 E-Verify Forms (Contractor and Sub-Contractor as applicable) 19 SAVE Affidavit 26-27 20 Local Small Business Initiative (if applicable) 28-30 21 Completed W9 22 Certificate of Insurance 23 Copy of Current Business License 24 Copies of all Professional Licenses/Certifications for each Key Staff Member and firm as applicable Chart 5 *Note: Forms provided by Dawson County (pages 16 to 30) do not count towards the 40 page limit. H. ADMINISTRATION The project will be administered by the Dawson County Board of Commissioners with the Dawson County IT Director being the main point of contact for all questions during the term of the contract. I. PROCEDURES AND MISCELLANEOUS ITEMS 1. All questions shall be submitted in writing (e-mail is acceptable) and shall be communicated in the form of an addenda if the scope specifications are to be affected and posted on the County s website under the bid information, all firms responding to this RFP should check the website before responding to this RFP. 2. All respondents to this RFP shall indemnify and hold harmless the Dawson County Board of Commissioners, and any of their officers and employees from all suits and claims alleged to be a result of this RFP. The issuance of this RFP constitutes only an invitation to present a proposal. It does not constitute an Invitation to Bid nor does it commit the County to issuing an Invitation to Bid. The Dawson County Board of Commissioners reserves the right to determine, at its sole discretion, whether any aspect of a respondent's submittal meets the criteria in this RFP. The Dawson County Board of Commissioners also reserves the right to seek clarifications, to negotiate with any vendor submitting a response, to reject any or all responses with or without cause, and to modify the procurement process and schedule. In the event that this RFP is withdrawn or the project canceled for any reason, the Dawson County Board of Commissioners shall have no liability to any respondent for any costs or expenses incurred in connection with this RFP or otherwise. 3. The RFP is subject to the provisions of the Dawson County Purchasing Policy and any revisions thereto, which are hereby incorporated into this RFP in their entirety except as amended or superseded herein. 4. Failure to submit all the mandatory forms from this RFP package shall be just cause for the rejection of the qualification package. However, Dawson County reserves the right to decide, on a case by case basis, in its sole discretion, whether or not to reject such a bid as non-responsive. Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 13
5. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment less than 30 days, however. 6. In case of failure to deliver goods in accordance with the contract terms and conditions, Dawson County, after due oral or written notice, may procure substitute goods or services from other sources and hold the contractor responsible for any resulting additional purchasing and administrative costs. This remedy shall be in addition to any other remedies which Dawson County may have. 7. By submitting a qualification package, the vendor is certifying that they are not currently debarred from bidding on contracts by any agency of the State of Georgia, nor are they an agent of any person or entity that is currently debarred from submitting bids on contacts by any agency of the State of Georgia. 8. Any contract resulting from this RFP shall be governed in all respects by the laws of the State of Georgia and any litigation with respect thereto shall be brought in the courts of the State of Georgia. Then contractor shall comply with applicable federal, state, and local laws and regulations. 9. It is understood and agreed between the parties herein that Dawson County shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement. 10. Business License Ordinance adopted November 19, 2009, requires any individual, firm, corporation, or limited liability company practicing a trade in Dawson County to register their business. This applies when either a person or their company are not located within Dawson County but are operating a business or practicing a trade here within. J. PERMITS AND LICENSING 1. Successful vendor must hold a valid Business License at time of proposal and a copy must be filed with the Purchasing Director at time of proposal. 2. Out-of-county vendors must register their business license, within 10 days of award, with the Dawson County Planning and Development Department. Vendors may contact the department at 706-344-3501 for details. Vendors are not expected to register their out-of-county licenses with Dawson County Planning & Development prior to award. K. BONDS Bid Bond not required Payment Bond not required Performance Bond 100% L. FINAL SELECTION Following review of all qualified proposals, selection of a suitable vendor, and preliminary contract negotiations, a recommendation will be made to the Dawson County Board of Commissioners by the project representative. Following Commission approval, the County will complete contract negotiations. The selected Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 14
vendor should be prepared to commence working on the employee benefit package immediately following contract execution. The Dawson County Board of Commissioners reserves the right to accept the response that is determined to be in the best interest of the County. The County reserves the right to reject any and or all proposals. Every vendor submitting a proposal must complete the forms showing compliance with the GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT OCGA 13-10-90. The forms are provided with this RFP package. THIS PAGE LEFT INTENTIONALLY BLANK Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 15
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BID #240-14 RFP INTERNET SERVICE PROVIDER FOR DAWSON COUNTY GOVERNMENT VENDOR S CHECKLIST Company Name: Please indicate you have completed the following documentation; and submit them in the following order: Vendor s Checklist ITEM DESCRIPTION Documentation listed under Section H: Statement of Qualifications (Pages 8-10) Vendor s Information Form Execution of Proposal Form Addenda Acknowledgement Form and Any Addenda Issued Proposer s Certification and Non-Collusion Affidavit Drug-Free Workplace Affidavit Georgia s Security and Immigration Compliance Act Affidavit SAVE Affidavit Contractor Affidavit Subcontractor Affidavit (if applicable) Local Small Business Initiative Affidavit (if applicable) Proof of Insurance (do not count towards page limit) Completed W9 (do not count towards page limit) Copy of Valid Business License (do not count towards page limit) Copy of Any Certifications Requested within RFP (if applicable) **Reminder: Pages provided by Dawson County do not count against the 40 page limit of your response** Authorized Signature Title Print Name Date THIS PAGE MUST BE COMPLETED AND SUBMITTED AS A PART OF YOUR PROPOSAL Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 17
BID #240-14 RFP INTERNET SERVICE PROVIDER FOR DAWSON COUNTY GOVERNMENT VENDOR S INFORMATION FORM 1. Legal Business Name 2. Street Address 3. City, State & Zip 4. Type of Business: State of Registration: (Association, Corporation, Partnership, Limited Liability Company, etc.) 5. Name & Title of Authorized Signer: 6. Primary Contact 7. Phone Fax 8. E-mail 9. Company Website 10. Has your company ever been debarred from doing business with any federal, state or local agency? Yes No If Yes, please state the agency name, dates and reason for debarment. ATTACH COPY OF BUSINESS LICENSE AND A COMPLETED W-9 FORM THIS PAGE MUST BE COMPLETED AND SUBMITTED WITH PROPOSAL Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 18
BID #240-14 RFP INTERNET SERVICE PROVIDER FOR DAWSON COUNTY GOVERNMENT EXECUTION OF PROPOSAL DATE: The potential Contractor certifies the following by placing an "X" in all blank spaces: That this proposal was signed by an authorized representative of the firm. That the potential Contractor has determined the cost and availability of all materials and supplies associated with performing the services outlined herein. That all labor costs associated with this project have been determined, including all direct and indirect costs. That the potential Contractor agrees to the conditions as set forth in this Request for Qualifications with no exceptions. Therefore, in compliance with the foregoing Request for Qualifications, and subject to all terms and conditions thereof, the undersigned offers and agrees, if this proposal is accepted within sixty (60) days from the date of the opening, to furnish the services for the prices quoted within the timeframe required. Business Name Authorized Signature Date Typed Name & Title THIS PAGE MUST BE COMPLETED AND SUBMITTED AS A PART OF YOUR PROPOSAL Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 19
BID #240-14 RFP INTERNET SERVICE PROVIDER FOR DAWSON COUNTY GOVERNMENT PROPOSER S CERTIFICATION AND STATEMENT OF NON-COLLUSION I certify that this proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a proposal for the same services and is in all respects fair and without collusion or fraud. I understand that collusive bidding is a violation of state and Federal law and can result in fines, prison sentences and civil damages awards. I certify that this proposal has been prepared independently and the price submitted will not be disclosed to another person. I certify that there has been no contact or communication by the proposer or the proposer s associates with any County staff, or elected officials since the date this BID #240-14 RFP INTERNET SERVICE PROVIDER FOR DAWSON COUNTY GOVERNMENT was issued except: 1) through the Purchasing Department 2) at the Pre-Proposal Conference (if applicable) or 3) as provided by existing work agreement(s). The County reserves the right to reject the proposal submitted by any proposer violating this provision. I agree to abide by all conditions of this proposal and certify that I am authorized to sign this proposal. COMPANY NAME: Authorized Representative (Signature) Date Authorized Representative/Title (Print or Type) THIS PAGE MUST BE COMPLETED AND SUBMITTED AS A PART OF YOUR PROPOSAL Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 20
BID #240-14 RFP INTERNET SERVICE PROVIDER FOR DAWSON COUNTY GOVERNMENT ADDENDA ACKNOWLEDGEMENT The vendor has examined and carefully studied the Request for Qualifications and the following Addenda, receipt of all of which is hereby acknowledged: Addendum No. Addendum No Addendum No. Addendum No. Authorized Representative (Signature) Date Authorized Representative/Title (Print or Type) Vendors must acknowledge any issued addenda. Proposals which fail to acknowledge the vendor s receipt of any addendum will result in the rejection of the offer if the addendum contained information which substantively changes the Owner s requirements. THIS PAGE MUST BE COMPLETED AND SUBMITTED AS A PART OF YOUR PROPOSAL Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 21
BID #240-14 RFP INTERNET SERVICE PROVIDER FOR DAWSON COUNTY GOVERNMENT DRUG FREE WORKPLACE I hereby certify that I am a principle and duly authorized representative of: Whose address is: And it is also that: 1. The provisions of Section 50.24.1 through 50.24.6 of the Official Code of Georgia Annotated, relating to the "Drug Free Workplace Act" have been complied with in full; and, 2. A drug free workplace will be provided for the CONTRACTOR S employees during the performance of the contract; and, 3. Each subcontractor hired by the CONTRACTOR shall be required to ensure that the subcontractor's employees are provided a drug free workplace. The CONTRACTOR shall secure from that subcontractor the following written certification: "As part of the subcontracting agreement with, certifies to the CONTRACTOR that a drug free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to paragraph (7) of subsection (b) of the Official Code of Georgia Annotated Section 50.24.3"; and, 4. It is certified that the undersigned will not engage in unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract. Date Signature THIS PAGE MUST BE COMPLETED AND SUBMITTED AS A PART OF YOUR PROPOSAL Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 22
Georgia Security & Immigration Compliance (GSIC) Act Affidavit As per the Georgia Senate Bill 529 and Senate Bill 447, the Georgia Department of Labor has promulgated new rules for the implementation of Section 2. O.C.G.A. 13-10-91 and Chapter 300-10-01-.02 state that no Georgia Public Employer shall enter into a contract for the physical performance of services within the State of Georgia unless the Contractor registers and participates in a federal work authorization program to verify the work eligibility information of all of its new employees. The Employment Eligibility Verification E-Verify site operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security is the electronic federal work authorization program to be utilized for these purposes. The website is https://e-verify.uscis.gov/enroll/ By executing the attached Contractor Affidavit, Contractor verifies its compliance with O.C.G.A. 13-10-91 stating affirmatively that the individual, firm or corporation which is contracting with the Dawson County Board of Commissioners has registered and is participating in this federal work authorization program in accordance with the applicability provisions and deadlines established in this Statute. Contractor further agrees that should it employ or contract with any Sub-Contractor(s) for the physical performance of services pursuant to the contract with the Dawson County Board of Commissioners, Contractor will secure from the Sub-Contractor(s) verification of compliance with O.C.G.A. 13-10-91 on a Sub-Contractor Affidavit and shall provide a copy of each such verification to the Dawson County Board of Commissioners at the time the Sub-Contractor(s) is retained to perform such services. PLEASE COMPLETE THE ATTACHED AFFIDAVIT AND RETURN IT TO: Davida Simpson Dawson County Purchasing Director 25 Justice Way, Suite 2223 Dawsonville, GA 30534 Fax: (706) 531-2728 Email: dsimpson@dawsoncounty.org Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 23
IMMIGRATION AND SECURITY FORM (GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT) Contractor s Name: County Solicitation/ Contract No.: CONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned Contractor verifies its compliance with O.C.G.A. 13-10-91, stating affirmatively that the Contractor identified above has registered with and is participating in a federal work authorization program*, 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 pursuant to this contract with the County, Contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. 13-10-91 on the attached Subcontractor Affidavit. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the County at the time the subcontractor(s) is retained to perform such service. EEV / E-Verify TM Company Identification Number BY: Authorized Officer or Agent (Contractor Name) Date Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 20 Notary Public [NOTARY SEAL] My Commission Expires: *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 Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 24
IMMIGRATION AND SECURITY FORM (GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT) Contractor s Name: County Solicitation/ Contract No.: ADDITIONAL INSTRUCTIONS TO CONTRACTOR: Identify all subcontractors used to perform under the county contract. In addition, you must attach a signed and notarized affidavit (third page of this form) from each of the subcontractors listed below. The contractor is responsible for providing a signed and notarized affidavit to the County within five (5) days of the addition of any new subcontractor used to perform under the identified County contract. Contractor s Name: Subcontractors: Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 25
IMMIGRATION AND SECURITY FORM (GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT) Contractor s Name: Subcontractor s (Your) Name: County Solicitation/ Contract No.: SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned Subcontractor verifies its compliance with O.C.G.A. 13-10-91, stating affirmatively that the Subcontractor which is engaged in the physical performance of services under a contract with the Contractor identified above on behalf of the County identified above has registered with and is participating in a federal work authorization program*, in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91. EEV / E-Verify TM Company Identification Number BY: Authorized Officer or Agent (Subcontractor Name) Date Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 20 Notary Public [NOTARY SEAL] My Commission Expires: *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 Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 26
DAWSON COUNTY BOARD OF COMMISSIONERS SAVE Affidavit (Systematic Alien Verification for Entitlements) Affidavit for a Public Benefit as required by the Georgia Immigration Reform and Enforcement Act of 2011 By executing this affidavit under oath, as an applicant for a public benefit as referenced in the Georgia Illegal Immigration Reform and Enforcement Act of 2011 [O.C.G.A. 50-36-1(e)(2)], I am stating the following: I am a United States citizen; or I am a legal permanent resident of the United States*; or I am an otherwise qualified alien or non-immigrant under the Federal Immigration and Nationality Act 18 years of age or older and lawfully present in the United States.* *Alien registration number for non-citizens issued by the Department of Homeland Security or other federal immigration agency is: At least one secure and verifiable document for identification purposes must be provided as required by O.C.G.A. 50-36-1 (e) (1). See list on page 2 of this document. ****************************************************************************** In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of Code Section 16-10-20 of the Official Code of Georgia and face criminal penalties as allowed by such criminal statute. Applying on behalf/name of associated business Signature of Applicant Date Printed Name SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 20 [NOTARY SEAL] Notary Public My Commission Expires: *NOTE: O.C.G.A. 50-36-1(e)(2) requires that aliens under the Federal Immigration and Nationality Act, Title 8 U.S.C., as amended, provide their alien registration number. Because legal permanent residents are included in the federal definition of alien, legal permanent residents must also provide their alien registration number. [Page 1 of 2] Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 27
SECURE AND VERIFIABLE DOCUMENTS UNDER O.C.G.A. 50-36-2 [Issued August 1, 2011 by the Office of the Attorney General, Georgia] The following list of secure and verifiable documents, published under the authority of O.C.G.A. 50-36- 2, contains documents that are verifiable for identification purposes, and documents on this list may not necessarily be indicative of residency or immigration status. INDICATE AND ATTACH A COPY OF THE DOCUMENT (front and back) United States passport or passport card United States military identification card Merchant Mariner Document or Merchant Mariner Credential issued by the United States Coast Guard Secure Electronic Network for Travelers Rapid Inspection (SENTRI) card Driver s license issued by one of the United States, the District of Columbia, the Commonwealth of the Northern Marianas Islands, the United States Virgin Island, American Samoa, or the Swain Islands, provided that it contains a photograph of the bearer or lists sufficient identifying information regarding the bearer, such as name, date of birth gender, height, eye color, and address to enable the identification of the bearer. Identification card issued by one of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Marianas Islands, the United States Virgin Island, American Samoa, or the Swain Islands, provided that it contains a photograph of the bearer or lists sufficient identifying information regarding the bearer, such as name, date of birth gender, height, eye color, and address to enable the identification of the bearer. Tribal identification card issued by one of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Marianas Islands, the United States Virgin Island, American Samoa, or the Swain Islands, provided that it contains a photograph of the bearer or lists sufficient identifying information regarding the bearer, such as name, date of birth gender, height, eye color, and address to enable the identification of the bearer. Passport issued by a foreign government Free and Secure Trade (FAST) card NEXUS card United States Permanent Resident Card or Alien Registration Receipt Card Employment Authorization Document that contains a photograph of the bearer. Certificate of Citizenship issued by the United States Department of Citizenship and Immigration Services (USCIS) [Form N-560 or Form N-561] Certificate of Naturalization issued by the United States Department of Citizenship and Immigration Services (USCIS) [Form N-550 or Form N-570] [Page 2 of 2] Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 28
Dawson County Board of Commissioners Local Small Business Initiative Purpose & Scope: Giving preference to local suppliers, even if it means spending a little more, can actually benefit a county s finances. Dollars spent locally generate additional economic activity even beyond the value of the initial contract as the local supplier in turn sources goods and services locally. Each additional dollar that circulates locally boosts economic activity, employment, and ultimately tax revenue. A study in Arizona found that using local independent suppliers for state contracts results in three times the economic benefit of bids fulfilled through national chains. Local Small Business Initiative (LSBI) is a Dawson County program designed to promote opportunities to Local Small Businesses located in Dawson County. The LSBI program is designed to return as much taxpayer money to the local economy, in a relatively short time span, as possible while at the same time foster inclusiveness with the County s procurement activities and a goal to provide more opportunities for Dawson County businesses. Definition of Local Small Business: Local Small Business shall mean a business which has its principal office located in and having a street address within Dawson County for at least six months immediately prior to the issuance of the quote/bid/proposal. Post Office boxes (to include mailing/shipping center addresses) are not eligible and shall not be used for the purpose of establishing a physical address. Must hold a valid business license required by the County and have no outstanding or unresolved fees, fines or penalties due to Dawson County. Not have more than twenty-five (25) employees, and of which at least 33% of those employees have their primary residence in Dawson County, or, if the business has no employees, the business shall be at least fifty-one (51%) percent owned by one or more persons whose primary residence in Dawson County. Have a banking relationship with a bank located in Dawson County. Average annual gross receipts of five million dollars ($5,000,000.00) or less over the previous three years. Must certify under oath to the above criteria upon submission for any bid, solicitation, or proposal to Dawson County. The LSBI Policy will not be applicable for the following types of purchases, bids, or solicitations: Goods or services provided under a cooperative purchasing agreement or inter-local agreement; Purchases or contracts which are funded in whole or part by a governmental entity and the laws, regulations, or policies governing such funding prohibit application of preference; Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 29
Purchases made or contracts let under emergency or non-competitive situations or for legal services; Projects over $100,000.00. Affidavit: The County will accept an affidavit that a business meets the County s standards to be considered a Local Small Business. The County, in its sole discretion, may request additional information from the business to support its claim of being a Local Small Business. The Purchasing Department will be required to review the affidavit and request additional information as necessary to ensure the LSBI criteria are satisfied. The County will notify a business of acceptance of LSBI certification. How Incentive Works: Under any applicable solicitation or bid, vendors desiring to receive local preference under the LSBI Policy will be required to affirmatively demonstrate via affidavit that they satisfy all pertinent requirements. Any vendor who fails to submit the required affidavit shall be automatically excluded from LSBI consideration. Vendors shall submit the affidavit with each solicitation or bid proposal. The affidavit contemplated under this Policy is valid only for the submitted solicitation or bid, and must be reaffirmed and resubmitted for each subsequent solicitation of bid. For any solicitation that is under $100,000.00 the Local Small Business (as demonstrated via affidavit) that submits a responsive, responsible price, a local preference credit of 3%. Waiver: The application of local preference to a particular purchase, contract, bid, solicitation or category of contracts may be waived by the Dawson County Board of County Commissioners in its sole discretion. The promulgation of this Policy is not intended nor should it be construed as created a right or property interest in local preference or in the local preference credit. Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 30
DAWSON COUNTY BOARD OF COMMISSIONERS LOCAL SMALL BUSINESS AFFIDAVIT OF ELIGIBILITY Complete form and submit with your bid. Incomplete forms may be rejected. 1. Legal Name of Firm 2. Mailing Address: Physical Address (if different) 3. Year business was established in Dawson County: 4. Business License Number issued by Dawson County: 5. Number of Employees: 6. Average annual gross receipts for past three years: 7. Business Type: (corporation, partnership, sole proprietorship) 8. Does your business have more than one location in Dawson County? Yes No If yes, specify the location(s) 9. Is your businesses principal base of operations in Dawson County? Yes No 10. Does your business have any locations outside Dawson County? Yes No 11. If yes, please specify the location(s): CERTIFICATION: I hereby certify under penalty of perjury that the information which I have provided on this form is true and correct, that I am authorized to sign on behalf of the business set out above, and if requested by the County will provide, within 10 days of notice, the necessary documents to substantiate the information on this form. Attest: Sworn to and subscribed before me this day of, 20 Notary Public Commission Expires: (SEAL) Authorized Signature Print Name Title Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 31
Dawson County Board of Commissioners VOLUNTARY Title VI Statistical Data Form Used For Government Monitoring Purposes Dawson County Board of Commissioners is committed to broad-based competition on all bids. We are gathering the following information for recordkeeping in compliance with federal regulations. All information will be considered strictly private and confidential and will be used for Title VI of the Civil Rights Act of 1964 purposes only. Your responses are strictly voluntary and will help in developing and monitoring nondiscrimination enforcement programs. This form is not part of the bid document and has no emphasis on decision of award, if you prefer not to reply that is acceptable. Failure to complete this form will not affect your chances of award. Your cooperation is appreciated. Instruction for submission: DO NOT INCLUDE WITH BID PROPOSAL. Form should be submitted separately in a non-identifying envelope addressed to the Dawson County Purchasing Department, 25 Justice Way, Suite 2223, Dawsonville, GA 30534. Please write in bid name and number for project tracking purposes. #240-14 RFP INTERNET SERVICE PROVIDER FOR DAWSON COUNTY GOVERNMENT Please place an X on the line that apply Owner Gender: Male Female Owner Race/Ethnicity: White/Caucasian Hispanic or Latino Black or African American American Indian or Alaska Native Native Hawaiian or Asian Other Pacific Islander Two or More Races Disability: Any person who (1) has a physical or mental impairment that substantially limits one or more major life activities; (2) has a record of such impairment; or (3) is regarded as having such impairment. Yes No Minority Owned Business: Yes No Disadvantaged Business Enterprise (DBE) Company? Yes No Number of Employees: Staff Race/Ethnicity make-up: White/Caucasian Hispanic or Latino Asian (Provide % on line) Black or African American American Indian or Alaska Native Native Hawaiian or Other Pacific Islander Two or More Races Dawson County Government is committed to serve the public efficiently, preserve our heritage, safeguard the environment, protect citizens and improve the quality of life. Bid #240 14 RFP Internet Service Provider for Dawson County Gov t Page 32
ANNUAL CONTRACT AND AGREEMENT Contract Start Date: Award Date Contract End Date: December 31, 2015 Contract Name: Vendor Name: Address: Telephone No.: Contact Person: Payment Terms: Net 30 days This Agreement is hereby made and entered into this day of, 2014, by and between Dawson County, Georgia (hereinafter referenced as County ) and, [a sole proprietorship, a partnership, a Georgia limited liability corporation, a Georgia corporation] (hereinafter referenced as Contractor ). The Request for Proposals received pursuant to Dawson County Project No. and addenda #241-14 RFP Internet Service Provider issued for the Request for Proposals referenced herein, and the Contractor s bid are hereby incorporated herein by reference and made a part of this contract and agreement between the parties. 1. Scope of Services Contractor shall furnish the services in accord with: the Request for Proposals and the addenda issued for the Request for Proposals set forth within Exhibit A that is hereto incorporated herein by reference. Such services shall be performed by employees or agents of the Contractor and not by employees of the County. If the services are to be provided or performed upon property owned or controlled by the County, then the Contractor s employees shall abide by all rules established by the County. 2. Term of Agreement This Agreement shall commence on the day of, 2014 and shall terminate on December 31, 2015 with five (5), one (1) calendar year renewals permitted if both parties agree. The Contractor shall provide the County with a minimum of ninety (90) days notice of any price increase requests. 3. Multi-Year Contract This Contract and Agreement shall terminate absolutely and without further obligation on the part of the County at the close of the calendar year in which this Contract is executed and at the close of each succeeding calendar year for which the Contract may be renewed. This Contract shall be automatically renewed in accord with the terms hereof, unless the County takes action to terminate the Contract by providing 30 days notice of the intent not to renew the terms hereof.
The total obligation of the County for the calendar year of execution shall be in accordance with services rendered based on the rates provided under the Bidder s Financial Response Form ( Exhibit B ) in response to the Request for Proposal #241-14 RFP Internet Service Provider. The total obligation that will be incurred in each calendar year renewal term, if renewed, shall be as in accordance with services rendered based on the rates provided under the Vendor s Financial Response Form ( Exhibit B ) in response to the Request for Proposals #241-14 RFP Internet Service Provider. Title to any supplies, materials, equipment, or other personal property shall remain in the Contractor until fully paid for by the County. This Contract shall terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the County under the terms of this Contract or any renewal. 4. Payment Compensation to the Contractor shall be as set forth in the Request for Proposals, any addenda issued for the Invitation for Bids, and the Contractor s Bid and shall constitute payment in full for work completed. 5. Invoices All invoices from the Contractor shall include the purchase order number, a location description and an outline of work completed. The Contractor represents to the County that the Contractor is experienced and properly qualified to perform the functions to be performed by the Contractor in accord with the terms hereof and that the Contractor is properly equipped, organized and financially able to perform such functions. The Contractor shall operate as an independent contractor and not as an agent of the County, and neither the Contractor nor any of the Contractor s employees, servants, agents or subcontractors shall be deemed a partner, employee, servant or agent of the County. Neither party hereto shall have authority to bind the other party in respect. The Contractor shall not assign, transfer, nor convey the terms of this Contract or any party hereof without written consent of the County. 6. Indemnification/Limitation of Liability Contractor agrees to protect, defend, indemnify and hold harmless the County, the County s commissioners, agents and employees from and against any liability, damage, claim, including attorney fees and expenses of litigation, suit, lien, and judgment for injuries to or death of any person or damage to property or other rights of any person caused by the Contractor, the Contractor s employees, servants, agents or subcontractors. The Contractor s obligation to protect, defend, indemnify, and hold harmless extends to any claim for the alleged infringement of any patent, trademark, copyright, or any actual or alleged unfair competition, disparagement of product or service, or other business tort 2
or any actual or alleged violation of trade regulations arising out of the performance of Contractor s duties in accord with this Contract, as well as any other claim. The Contractor shall maintain worker s compensation and comprehensive general liability insurance in such form as to protect Contractor and the County with the County being named as an additional insured for any claims for damages or bodily injury, including death and damage to property that may arise from acts or omissions of Contractor under this Contract. The Contractor shall provide the County with a Certificate of Liability Insurance in an amount of not less than $ 1,000,000.00 per occurrence to protect the Contractor. Such insurance shall be primary and non-contributing to any insurance maintained or obtained by the Contractor and shall not be cancelled or materially reduced without thirty (30) days prior notice to the County and approval by the County. 7. Performance Standards The Contractor shall exercise care, skill and diligence commonly possessed and exercised by reasonably skillful and prudent persons who perform these services when performing obligations in accord with the terms of this Contract. The Contractor s performance will be evaluated monthly. If the terms hereof are not being satisfied as determined by the County, then the County shall notify the Contractor in writing of deficiencies, and the Contractor shall provide a written response detailing how any deficiencies shall be cured within thirty (30) days. If the deficiencies noted by the County are not properly corrected, then Dawson County may cancel this Agreement with no additional obligation owed to the Contractor. 8. Change Order Any change order shall mean a written order to the Contractor executed by the County issued after the execution of this Contract and Agreement authorizing and directing a change in services. The price and time may be changed only through a change order. If the change order requires additional services or directs the omission of certain services covered by this Contract, then an equitable adjustment in price shall be made, but any claim for any such adjustment shall be asserted within thirty (30) days of receipt of the written change order. 9. Confidential Information While performing services for the County, the Contractor shall not disclose any confidential business information that may become known to the Contractor. Personnel acting on behalf of the Contractor shall be instructed to not remove any of the County s documents or materials and to not disclose any confidential information to any persons other than County personnel, unless written authorization from the County is provided. All documents and materials prepared pursuant to the Bid and this Contract shall be the property of Dawson County. The County shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, 3
maps, or other materials prepared in accord with the terms of this Contract and Agreement. 10. Litigation and Arbitration The County and the Contractor agree to resolve through negotiation, mediation or arbitration any disputes between the parties arising out of or relating to this Contract and Agreement. If the parties do not resolve the dispute through negotiation and do not agree to mediation, then arbitration shall be the exclusive and final method of resolving any disputes related to this Agreement. Arbitration proceedings shall be in accord with O.C.G.A. 9-9-1, et seq., the Georgia Arbitration Code. Venue for any litigation arising from this Contract shall be the Superior Court of Dawson County, Georgia. A demand for arbitration shall be made within a reasonable term after the claim, dispute or other matter in question occurs, but not later than one-hundred and eighty (180) days after such claim, dispute or other matter. 11. Notices Any notice required in accord with the terms hereof shall be delivered via certified mail or commercial delivery service as follows: County: Contractor: Dawson County Board of Commissioners ATTN: Purchasing Director 25 Justice Way, Suite 2223 Dawsonville, GA 30534 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of, 20. DAWSON COUNTY, GEORGIA CONTRACTOR: By: Name: Title: By: Name: Title: Attest: Attest: By: Name: Title: By: Name: Title: 4