2026 FINAL OH Facilitator RFP.docx

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RFP - INDEPENDENT PROJECT FACILITATOR - ORANGE HALL
Solicitation number
PE-66960-NONST-2026-000000053
Issued by
Candler County, Georgia

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Summary

This is a Request for Proposals (RFP) issued by the City of St. Marys, Georgia, for an Independent Project Facilitator to guide a structured stakeholder process regarding the future use, preservation, and stewardship of Orange Hall, a historically significant property constructed in the early 1800s and owned by the City. The City seeks a qualified individual or organization to manage facilitated discussions among stakeholders with differing perspectives and develop consensus-based recommendations for City Council consideration. Proposals are due by March 26, 2026, at 2:30 PM EST, with selection recommendations targeted for March 31, 2026, and contract approval and award by April 6, 2026. The anticipated project start date follows contract execution, with an expected completion timeline of approximately two months from initiation. Proposers must submit three parts: one signed original of the RFP, three copies of the technical proposal, and one original cost proposal in a separate sealed envelope. Inquiries regarding technical information should be directed to Charlie Williams, Interim City Manager, and procurement inquiries to Sarah Lee, Purchasing Agent, at the City of St. Marys address in St. Marys, Georgia.

The evaluation committee will assess proposals based on relevant experience and qualifications (30% weight), ability to manage complex stakeholder dynamics (25%), demonstrated facilitation approach and methodology (20%), clarity and completeness of the proposal (15%), and cost and overall value to the City (10%). Proposers must provide detailed cost proposals including hourly rates by personnel category, estimated total hours and project cost, cost breakdown by phase, and any reimbursable expenses. The City reserves the right to negotiate final pricing and request a best and final offer. Minimum qualifications include proven experience facilitating boards, committees, or multi-stakeholder groups; experience with public-sector or nonprofit entities; ability to manage divergent viewpoints; and strong written and verbal communication skills, with experience in historic properties, community planning, or revitalization preferred but not required. The selected proposer must comply with all applicable federal, state, and local laws, including Georgia's Security and Immigration Compliance Act, workers' compensation requirements, and the City's Local Vendor Ordinance.

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City of St. Marys

Request for Proposals

Independent Project Facilitator - Orange Hall Stakeholder Process

Issue Date:

February 27, 2026 Proposal Due Date:

March 26, 2026

Mailing and Hand Delivery Address:

ATTN: Sarah Lee 418 Osborne Street St. Marys, Georgia 31558

REQUEST FOR PROPOSALS

The City of St. Marys is soliciting proposals from qualified individuals or Proposers to serve as an Independent Project Facilitator to guide a structured stakeholder process regarding the future use, preservation, and stewardship of Orange Hall. Orange Hall is a historically significant property constructed in the early 1800s and owned by the City.

Inquiries for Technical Information Should be Directed To:

Charlie Williams – Interim City Manager 418 Osborne Street St. Marys, GA 31558

(912) 510-4000 cwilliams@stmarysga.gov

Inquiries for Procurement Information Should Be Directed To:

Sarah Lee – Purchasing 418 Osborne Street St. Marys, GA 31558

(912) 510-4045 slee@stmarysga.gov

Completed proposals must be received at the address shown above by March 26, 2026 at 2:30 PM EST. Proposals must be received by the date and time specified. Late proposals will be disqualified. In order to be considered for selection, proposers must submit a complete response to the RFP. Incomplete proposals will not be considered if the omissions are determined to be significant. Neither faxed nor emailed submissions will be accepted. Proposals must be submitted in three parts:

(A) One (1) complete signed original of the Request for Proposals (signatures are required below);

(B) Three (3) copies of the Technical Proposal; and

(C) One (1) original of the Cost Proposal. The Cost Proposal must be submitted in a separate sealed envelope that specifies the name of the proposer and the following language on its face: “City of St. Marys – Independent Project Facilitator-Orange Hall.”

The City of St. Marys reserves the right to reject any and all proposals submitted and to request additional information from all proposers. The City, at its sole discretion, reserves the right to award to the vendor who offers the services that best serve the interests of the City of St. Marys. Any contract awarded will be awarded to the proposer who, based upon evaluation of all proposals, is determined to have submitted the best proposal, considering both technical factors and cost.

In compliance with this request for proposals and to all the conditions imposed herein, the undersigned offers and agrees to furnish the services in accordance with the attached signed proposal.

“I certify that this proposal is made without prior understanding, agreement or connection with any corporation, Proposer or person submitting a proposal for the same materials, supplies, or equipment, and is in all respect fair and without collusion or fraud. I understand that collusive bidding is a violation of the State of Georgia and Federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this proposal and certify that I am authorized to sign this proposal for the bidder. (O.C.G.A. 50-5-67). I further certify that the provisions of the official code of Georgia annotated 45-10-20 et seq. have not and will not be violated in any respect.”

Name and Address of Proposer:

FEI Number: _________________________________________

Telephone: ___________________________________________

By: __________________________________________________ Please Print Name Here

Signature In Ink

Title: _______________________________________________

Email address: ________________________________________

Date: _______________________________________________

TABLE OF CONTENTS

I.GENERAL INFORMATION1
A.PURPOSE1
B.ANTICIPATED SCHEDULE OF EVENTS1

II. BACKGROUND INFORMATION 1

III.SCOPE OF SERVICES……………………………………………………………………2
A.PROJECT INITIATION & PLANNING2
B.AGENDA DEVELOPMENT & MEETING FACILITATION2

C. SHARED GOALS & EVALUATION FRAMEWORK………………...……………...2

D. .OPTION DEVELOPMENT & DELIBERATION SUPPORT……………………...…3 E. DOCUMENTATION & REPORTING …………….………………….……………….3

IV. DELIVERABLES 3

V. ROLE LIMITATIONS……………………………………………………………….……3

VI. MINIMUM QUALIFICATIONS…………………………………………………………4

VII. PROPOSAL SUBMISSION REQUIREMENTS 4

VIII. EVALUATION CRITERIA…………………………………………………………...…4

IX. COST FACTORS…………………………………………………………………………..5

X. GENERAL CONDITIONS…………………………………………………………………5

XI. TERMS AND CONDITIONS………………………………………………………………5

XII. SPECIAL TERMS AND CONDITIONS………………………………………………….6

A.IDENTIFICATION OF PROPOSAL ENVELOPE6
B.INDEMNIFICATION7
C.SUBCONTRACTS7
D.WORKERS' COMPENSATION7

E. SOCIAL SECURITY/EMPLOYMENT TAXES……….…….…………………..……7

ATTACHMENT A: FORM OF AGREEMENT……………………………………...………….8

IMMIGRATION & SECURITY FORMS……………...………………………...……….…….15

AFFIDAVIT FOR PUBLIC BENEFIT………………………..…………………….…………..18

LOCAL FIRM ORDINANCE………………………………………………………….………..19

I. GENERAL INFORMATION

A. PURPOSE

The purpose of this engagement is to establish a structured, neutral, and professionally facilitated stakeholder process that supports productive dialogue among participants with differing perspectives and results in clear, well-documented recommendations for City decision-makers regarding the future use, preservation, and stewardship of Orange Hall. The Project Facilitator shall manage the process and deliberations but shall not determine outcomes or exercise decision-making authority.

B. ANTICIPATED SCHEDULE OF EVENTS

The tentative timetable for this RFP is presented below:

ActivityTarget Date
Issue Request for ProposalsFebruary 27, 2026
Proposals due by 2:30 PM ESTMarch 26, 2026
Selection Recommendation(s)March 31, 2026
Approval and AwardApril 6, 2026

II. BACKGROUND

The City has assembled a stakeholder group representing citizens, City leadership, historic preservation interests, and related organizations to discuss the future of Orange Hall. While stakeholders share a common interest in the property, there are differing perspectives regarding its purpose, programming, and long-term role within the community.

Given the importance of Orange Hall and the complexity of the discussions, the City seeks an independent, non-voting professional to bring structure, focus, and order to the process and to assist the group in developing actionable, consensus-based recommendations for consideration by the City of St. Marys City Council.

III.SCOPE OF SERVICES
The selected Project Facilitator shall provide the following services:

A. PROJECT INITIATION & PLANNING

· Bring order and structure to committee discussions

· Maintain focus on established goals

· Guide the group toward actionable recommendations

· Ensure respectful and balanced participation

· Review relevant background materials related to Orange Hall, including historical documentation and prior studies.

· Meet with City staff to discuss project objectives, goals, expectations, schedule, and deliverables.

· Develop a project work plan, meeting schedule, and milestone timeline.

B. AGENDA DEVELOPMENT & MEETING FACILITATION

· Prepare structured meeting agendas for stakeholders in coordination with City staff.

· Facilitate committee meetings to maintain order, focus, and respectful discourse.

· Ensure balanced participation among stakeholders and manage dominant or conflicting viewpoints.

· Keep discussions aligned with the agreed-upon scope, objectives, and timeline.

C. SHARED GOALS & EVALUATION FRAMEWORK

· Assist stakeholders in identifying shared goals, guiding principles, and constraints related to Orange Hall.

· Facilitate development of a common framework for evaluating potential uses of the property, which may include:

· Historic preservation considerations

· Community benefit

· Financial sustainability

· Operational feasibility

D. OPTION DEVELOPMENT & DELIBERATION SUPPORT

· Guide structured discussions regarding potential uses or reuse concepts for Orange Hall.

· Clearly document areas of consensus, disagreement, and unresolved issues.

· Assist the group in refining recommendations suitable for City consideration.

E. DOCUMENTATION & REPORTING

· Prepare written meeting summaries documenting key discussion points and outcomes.

· Develop a final report summarizing stakeholder recommendations, guiding principles, and considerations for City decision-makers.

· Present findings to City staff and the City of St. Marys City Council, if requested.

F. Optional Follow-Up Support

· Provide limited follow-up facilitation or assessment support, if requested and authorized by the City, to review progress toward agreed-upon goals.

IV. DELIVERABLES

Deliverables include, but are not limited to:

· Project work plan and meeting schedule

· Meeting agendas

· Written meeting summaries

· Interim findings (if requested)

· Final recommendation reports suitable for presentation to the City of St. Marys City Council

V. ROLE LIMITATIONS

· The Project Facilitator shall be independent and non-voting

· The Facilitator shall not serve as a member of the stakeholder group

· The Facilitator shall not advocate for specific outcomes or make policy decisions on behalf of the City.

· All final decisions shall remain with the City of St. Marys City Council.

VI. MINIMUM QUALIFICATIONS

Respondents should demonstrate:

· Proven experience facilitating boards, committees, or multi-stakeholder groups

· Experience working with public-sector or nonprofit entities

· Demonstrated ability to manage divergent viewpoints and complex discussions

· Strong written and verbal communication skills

· Experience with historic properties, community planning, or revitalization is preferred, but not required

VII. PROPOSAL SUBMISSION REQUIREMENTS

Proposals shall include the following:

1. Cover letter and Proposer/individual information

2. Relevant qualifications and experience

3. Description of facilitation methodology and proposed approach

4. Proposed work plan and timeline

5. Cost proposal, including fee structure and any reimbursable expenses

6. At least three professional references for similar work

VIII. EVALUATION CRITERIA

A selection committee will review each proposal. Top-ranked Proposers may be invited for an interview or asked to provide additional information. Proposals will be evaluated based on the following criteria:

Evaluation FactorWeight (%)
Relevant experience and qualifications30%
Ability to manage complex stakeholder dynamics25%
Demonstrated facilitation approach and methodology20%
Clarity and completeness of the proposal15%
Cost and overall value to the City10%

IX. COST FACTORS

Proposers must provide a detailed cost proposal including:

· Hourly rates by personnel category (e.g. partner, manager)

· Estimated total hours and total project cost

· Breakdown of cost by phase (assessment, recommendations, implementation, etc.)

· Any reimbursable expenses

· The City reserves the right to negotiate final pricing and to request a best and final offer.

X. GENERAL CONDITIONS

· The City reserves the right to reject any or all proposals

· The City may waive informalities or minor irregularities.

· All proposals become the property of the City.

· The selected respondent must comply with all applicable federal, state, and local laws.

XI. TERMS AND CONDITIONS

A form of Agreement to be executed between the Proposer and the City of St. Marys is included herein as Attachment A.

• The municipality reserves the right to accept or reject any or all proposals.

• All proposal costs are the responsibility of the proposer.

• The municipality may request interviews or additional information.

• Contract award is subject to the availability of funds and approval by governing authorities.

· Any Responders that contact elected officials or staff directly or indirectly for the purpose of influencing the selection process prior to a contract award shall be immediately disqualified and removed from consideration.

· The City of St. Marys, 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 invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, handicap/disability in consideration for an award.

• The City of St. Marys reserves the right to accept or reject any or all RFPs, to waive informalities, to negotiate changes in the scope of work or services to be provided, and to waive any technicalities.

XII. SPECIAL TERMS AND CONDITIONS

A. IDENTIFICATION OF PROPOSAL ENVELOPE

If a special envelope is not furnished, or if return in the special envelope is not possible, the signed proposal shall be returned in a separate envelope or package, sealed and identified as follows:

From: _________________ Name of Proposer

Due Date

Time

Street, or Box Number

RFP Number

City, State, Zip Code

RFP Title

The envelope shall be addressed as directed on the Request for Proposals page of this solicitation. Contained within the envelope will be (1) a completed, signed copy of this Request for Proposals, and (2) a separate, sealed envelope containing the cost information, specifically labeled "Cost Proposal."

Proposals may be hand-delivered to the designated location in the office issuing the solicitation. No other correspondence or other proposals should be placed in the envelope.

B. INDEMNIFICATION

The Proposer agrees to indemnify, defend and hold harmless the City of St. Marys, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the Proposer, provided that such liability is not attributable to the sole negligence of any City of St. Marys employee or to failure of City of St. Marys employees to use the materials, goods, or equipment in the manner described by the Proposer on the materials, goods, or equipment delivered.

C. SUBCONTRACTS

No portion of the work shall be subcontracted without prior written consent of the City of St. Marys. In the event that the Proposer desires to subcontract some part of the work specified herein, the Proposer shall furnish the City of St. Marys the names, qualifications and experience of their proposed subcontractors. The Proposer shall, however, remain fully liable and responsible for the work/service to be performed by his/her subcontractor(s) and shall assure compliance with all requirements of the contract.

D. WORKERS' COMPENSATION

The Proposer shall be required at all times during the term of this agreement to subscribe and comply with the Workers' Compensation laws of the State of Georgia and to save harmless the City of St. Marys from any and all liability from or under said act.

E. SOCIAL SECURITY/EMPLOYMENT TAXES

The Proposer shall be and remain an independent contractor with respect to all services performed hereunder and shall accept full exclusive liability for the payments of any and all contributions or taxes for Social Security, Unemployment Benefits, pensions, and annuities now or hereafter imposed under any State or Federal laws which are measured by the wages, salaries, or other remuneration paid to persons employed by the Proposer on work performed under the terms of this agreement.

The Proposer shall further obey and satisfy all lawful rules, regulations, and requirements issued or promulgated under the respective laws by any duly authorized State or Federal officials. The Proposer shall indemnify and save harmless the City of St. Marys from any contributions, taxes, or liability referred to in this article.

ATTACHMENT A

FORM OF AGREEMENT

Counterpart No. _______ Of 2 Original Executed Counterparts.

Counterpart of the _____________________

STATE OF GEORGIA,

COUNTY OF _______________________:

AGREEMENT FOR Independent Project Facilitator - Orange Hall Stakeholder Process

THIS AGREEMENT FOR Independent Project Facilitator - Orange Hall Stakeholder Process, hereinafter referred to as “Agreement”, is made and entered into as of the _______ day of _____________________, 20___, (the “Date Hereof”), by and between ________________________________________________________ a (sole proprietorship, general or limited partnership, professional corporation or business corporation) whose agent and address for purposes of this agreement is ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________, hereinafter referred to as “the Proposer” and __________________________________________, a (describe governmental or nonprofit entity), whose address for the purposes of this Agreement is __________________________________________________________________, herein referred to as “the City”.

WITNESSETH THAT:

WHEREAS, the City is a governmental entity, regional commission or nonprofit corporation created thereby, pursuant to ________________________ (cite statute); and WHEREAS, the Proposer is a (describe private entity) engaged in the practice of facilitation; and WHEREAS, the City desires to utilize the professional services of the Proposer, in accordance with the needs, requirements, terms and conditions contained in a Request for Proposals, and the proposal (the “Proposer’s Proposal”) submitted by the Proposer in response to the RFP, which RFP and Proposer’s Proposal are attached hereto and by this reference incorporated herein; and WHEREAS, the City awarded the contract for consulting services to the Proposer in accordance with the RFP and in reliance upon the representations and certifications contained in the Proposer’s Proposal; and WHEREAS, the Proposer and City desire to document the terms and conditions of their Agreement.

NOW, THEREFORE, for and consideration of the mutual covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:

Article 1

BASIC AGREEMENT

The Proposer will perform professional Facilitation in accordance with the Requirements, Reporting and Delivery Requirements, General Terms and Conditions, and Special Terms and Conditions of the RFP. The City will provide the information required by the RFP. The Proposer shall be compensated for its services as provided in the RFP and the Proposer’s Proposal.

Article 2

COVENANTS AND REPRESENTATIONS

A. Covenants of the Proposer. The Proposer shall perform professional Facilitation in accordance with the Proposer’s Proposal and the Audit Requirements, Reporting and Delivery Requirements, General Terms and Conditions, and Special Terms and Conditions contained in the RFP, and any attachments thereto, all of which are by this reference incorporated herein.

B. Covenants of the City. The City will provide to the Proposer all information reasonably necessary, useful, or customary within the City’s trade or business activities.

C. Representations. To induce the City to enter into this Agreement, the City shall be entitled to rely upon the representations and recommendations made by the Proposer in the Proposer’s Proposal, without independent investigation and verification, and each such representation or certification shall be deemed to be material to this Agreement. The person negotiating and executing this Agreement on behalf of the Proposer has the full right, power, and authority to enter into, execute and perform this Agreement in accordance with the terms hereof, and when executed and delivered, this Agreement will constitute a valid and binding obligation of the Proposer and will be enforceable in accordance with the terms thereof.

ARTICLE 3

FEES

The Proposer shall be paid for its services as provided in the schedule of fees and expenses submitted by the Proposer in the Proposer’s Proposal in the sealed dollar cost bid as stated in the Cost Component of the RFP, which are by this reference incorporated herein.

ARTICLE 4

NOTICES

All notices, demands or requests required or permitted to be given pursuant to this Agreement shall be in writing and given or served either in person or by United States Mail, postpaid, registered or certified with Return Receipt Requested, showing the name of the recipient and the date of delivery. Notices shall be addressed to the party or parties identified and at the address as set forth in the introductory paragraph of this Agreement, and the date upon which such notice is delivered shall be deemed the effective date thereof. Either party may, from time to time, by five (5) days’ prior written notice to the other party, specify a different agent or address to which notices can be delivered. Rejection or other refusal to accept a notice or inability to deliver a notice because of a changed agent or address of which no notice was given shall constitute receipt of the notice on the date when personal service is attempted or the date of the postmark, if mailed.

ARTICLE 5

RIGHTS CUMULATIVE

All rights, powers, and privileges conferred hereunder shall be cumulative and not restrictive of those given by law.

ARTICLE 6

CONTINUITY

Each of the provisions of this Agreement shall be binding upon and inure to the benefit and detriment of the Proposer and the City and the heirs, devisees, legatees, legal representatives, successors and assigns of the Proposer and the City.

ARTICLE 7

DATE FOR PERFORMANCE

The anticipated start date for services is ___________, following contract award and execution.

The Facilitator is expected to complete the project within 2 months from the start date, with a proposed completion date of ________________.

A detailed project schedule, including key milestones and deliverables, must be included in the proposal. Any deviation from the proposed timeline must be approved in writing by the City.

ARTICLE 8

TIME OF THE ESSENCE

All time limits stated herein are of the essence of this Agreement.

ARTICLE 9

CAPTIONS

The brief headings or titles preceding each provision hereof are for purposes of identification and convenience only and should be completely disregarded in construing this Agreement.

ARTICLE 10

NO ASSIGNMENT, NO THIRD PARTY BENEFICIARIES

A. This Agreement is a personal retention of Proposer as an independent contractor. Proposer must perform by its own forces and may not delegate, subcontract, assign, transfer, or otherwise obtain its performance of this Agreement, without the express written consent of City.

B. Nothing herein shall be construed as conferring upon or giving to any person, other than the parties hereto, any rights or benefits under or by reason of this Agreement.

ARTICLE 11

TERMINATION

A. Termination for Convenience: The City may terminate this Agreement, in whole or in part, at any time and for any reason or no reason, upon written notice to the Proposer. Such termination shall be effective immediately unless otherwise stated in the notice. In the event of termination under this subsection, the City shall pay the Proposer only for services satisfactorily performed and accepted by the City as of the effective date of termination. The Proposer shall not be entitled to any further compensation, and under no circumstances shall the City be liable for any consequential, special, incidental, or punitive damages, or for lost profits or business opportunities.

B. Termination for Cause: The City may terminate this Agreement immediately upon written notice if the Proposer breaches any material term of this Agreement, fails to timely or properly perform its obligations hereunder, or engages in any misconduct, fraud, or act of bad faith. In the event of termination for cause, the City shall have no further obligation to pay the Proposer, except for services satisfactorily performed prior to the effective date of termination, as determined in the sole discretion of the City.

C. Effect of Termination: Upon receipt of notice of termination, the Proposer shall immediately cease performance under this Agreement, take all necessary actions to protect and preserve work in progress and deliver to the City all work products, records, and other materials prepared or obtained in connection with this Agreement, whether completed or in process.

D. Survival: Any provisions of this Agreement that by their nature should survive termination shall survive, including without limitation provisions relating to confidentiality, indemnification, and limitations of liability.

ARTICLE 12

INDEMNIFICATION

A. General Indemnity: The Proposer shall indemnify, defend, and hold harmless the City and its officers, officials, employees, agents, representatives, boards, and commissions (collectively, the “Indemnified Parties”) from and against any and all claims, demands, suits, liabilities, damages, losses, costs, and expenses of any kind (including, without limitation, reasonable attorneys’ fees and costs of litigation), whether arising in law or equity, arising out of, related to, or resulting from: (a) any negligent or wrongful act or omission of the Proposer or its employees, agents, subcontractors, or representatives in connection with the performance of this Agreement; (b) any breach of this Agreement by the Proposer; or (c) any violation of applicable law, rule, or regulation by the Proposer or its agents, employees, or subcontractors.

B. Defense Obligation: The Proposer shall, at its own cost and expense, defend the Indemnified Parties against any claim, suit, or proceeding covered by the indemnity in Section 12.1, using legal counsel reasonably acceptable to the City. The City shall have the right, at its option, to participate in such defense and to approve any settlement or compromise, which shall not be binding on the City without its prior written consent.

C. No Limitation: The obligations of the Proposer under this Article shall not be limited by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Proposer under workers’ compensation acts, disability benefit acts, or other employee benefit laws. The indemnification obligations shall survive the expiration or termination of this Agreement.

ARTICLE 13

INDEPENDENT CONTRACTOR STATUS

The Proposer shall at all times be deemed an independent contractor and not an employee or agent of the City. Nothing in this Agreement shall be interpreted or construed to create any employment, partnership, joint venture, or agency relationship between the City and the Proposer.

ARTICLE 14

PUBLIC RECORDS AND CONFIDENTIALITY

A. Public Records Compliance: The Proposer acknowledges that the City is subject to the Georgia Open Records Act and agrees to cooperate fully with any request made under that Act, including by promptly providing non-exempt documents or information in its possession if needed by the City to comply.

B. Confidential Information: The Proposer agrees not to disclose or use any confidential or proprietary information of the City for any purpose other than performing its obligations under this Agreement, unless required by law.

ARTICLE 15

COMPLIANCE WITH LAWS

The Proposer shall comply with all applicable federal, state, and local laws, ordinances, rules, and regulations in connection with its performance under this Agreement, including but not limited to all ethics and conflicts-of-interest provisions applicable to contractors doing business with the City.

ARTICLE 16

NO WAIVER

No waiver by either party of any breach of this Agreement shall be deemed a waiver of any other or subsequent breach. Any waiver must be in writing and signed by the party granting the waiver.

ARTICLE 17

INCORPORATION OF TERMS OF REQUEST FOR PROPOSALS

The Request for Proposals (RFP), including all specifications, attachments, and any amendments thereto, as well as the Proposer’s Proposal submitted in response, are hereby incorporated into and made a part of this Agreement by reference. However, in the event of any conflict between the terms and conditions of this Agreement and those of the RFP or the Proposer’s Proposal, the terms and conditions of this Agreement shall control.

IN WITNESS WHEREOF, the Proposer and the City have caused these presents to be duly signed, sealed and delivered on the day, month, and year first above written.

PROPOSER

By : (Seal)

Name:_________________________________

Title:__________________________________ (If corporation, fill in below)

Attest: (Seal)

Name:_________________________________

Title:__________________________________ (Corporate seal affixed)

CITY

By: (Seal)

Name:_________________________________

Title:__________________________________

Attest:____________________________(Seal)

Title:__________________________________

ATTACHMENT B

IMMIGRATION AND SECURITY FORM

(GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT)

Contractor’s Name:

State Entity’s Name:

State 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 State Entity, 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 State Entity at the time the subcontractor(s) is retained to perform such service.

EEV / E-VerifyTM Company Identification Number

__________________________________________________________________
BY: Authorized Officer or AgentDate

(Contractor Name)

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 SEAL]

Notary Public 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

ATTACHMENT C

Contractor’s Name:

State Entity’s Name:

State Solicitation/ Contract No.:

ADDITIONAL INSTRUCTIONS TO CONTRACTOR: Identify all subcontractors used to perform under the state 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 State Entity within five (5) days of the addition of any new subcontractor used to perform under the identified state contract.

Contractor’s Name:

Subcontractors:

ATTACHMENT D

Contractor’s Name:

Subcontractor’s (Your) Name:

State Entity’s Name:

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 State Entity 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-VerifyTM Company Identification Number

__________________________________________________________________
BY: Authorized Officer or AgentDate

(Subcontractor Name) 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 ______________________, 2012

________________________________________ [NOTARY SEAL]

Notary Public 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

ATTACHMENT E

Affidavit Verifying Status For City Public Benefit Application

By executing this affidavit under oath, as an application for a City of St. Marys, Georgia Business License or Occupation Tax Certificate, Alcohol License, Taxi Permit or other public benefit as referenced in O.C.G.A. Section 50-36-1, I am stating the following with respect to my application for:

|_|
Business License
|_|
Georgia Occupational Tax Certificate
|_|
Alcohol License
|_|
Taxi Permit or
|X|
Other public benefit

Please check one Name:

Name of natural person applying on behalf of individual, business, corporation, partnership, or other private entity

1.
|_|
I am a United States citizen

OR

2.
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I am a legal permanent resident 18 years of age or older 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. *

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 the Code Section 16-10-20 of the Official Code of Georgia.

Signature of Applicant
Date

SUBCRIBED AND SWORN

BEFORE ME ON THIS THE

Printed Name

DAY OF

,20

Alien Registration number for non-citizens

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, provided 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. Qualified aliens that do not have an alien registration number may supply another identifying number below:

ATTACHMENT F

LOCAL VENDOR ORDINANCE

The City of St. Marys encourages the use of local suppliers of goods, services and construction products whenever possible. The City of St. Marys also vigorously supports the advantages of an open, competitive marketplace. Nothing in this Section shall be interpreted to mean that the City Manager or Purchasing Agent are restricted in any way from seeking informal or formal bids or proposals from outside the City of St. Marys market area.

Local Vendor means a bidder or offeror which operates and maintains a brick and mortar business, i.e. a physical business address, within the city limits of the City of St. Marys, has a current business license, has paid in full all real and personal taxes owed the City, is considered a vendor in good standing with the City and can obtain an active vendor status.

A local vendor may receive an opportunity to match for purchases, bids, proposal or contracts over $1,000 and less than $50,000. The local vendor may be given an opportunity to match the lowest price proposal, if the quotation or bid of the local vendor is within 5% of the lowest price proposal by a non-local vendor. In the event a local vendor matches the lowest price proposal, including all other terms, quality, services and conditions, then the local vendor shall be awarded the contract.

In the event the price proposal of more than one local vendor is within 5% of the lowest overall price proposal of a non-local vendor, the local vendor with the lowest proposal will be given the first opportunity to match the lowest overall price proposal. If this local vendor declines to match the price proposal, then the local vendor with the next lowest bid within 5% will be given the opportunity to match the lowest proposal. This process will continue with all local vendors having proposals within 5% of the lowest overall bid by a non-local vendor.

Policy to be stated. This policy shall be so stated in all applicable solicitations.

Exemptions. This provision does not apply to public works construction projects or road projects pursuant to the laws of the State of Georgia (O.C.G.A §36-91 or §32-4).

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