RFQ _45_24 Electronic Offender Home Monitorin.pdf

RFQ #45-24 Electronic Offender Home Monitoring Page 1

Dawson County Purchasing Department

25 Justice Way, Suite 2223

Dawsonville, GA 30534

Phone: 706-344-3500 x42223 Fax: 706-531-2728

FORMAL REQUEST FOR QUOTE

Service: ELECTRONIC OFFENDER HOME MONITORING

RFQ # 45-24 Release Date: October 18, 2024

Dawson County Purchasing is issuing this formal Request for Quote to solicit services from qualified vendors for the electronic offender home monitoring and other related services for the Dawson County

Sheriff’s Office. A description of the Scope of Services is listed below. This contract is an offender-paid agreement.

The anticipated schedule for the Request for Quote is as follows:

Pre-Submittal Mandatory Conference None

Deadline for questions to Dawson County to mhawk@dawsoncounty.org

October 23, 2024, at 1:00PM, EST

Deadline for Addenda emailed October 28, 2024, at 1:00PM, EST

Submittal deadline November 7, 2024, at 2:00PM, EST

Tentative Award Date November 18, 2024, by 5:00PM, EST

Chart 1

There will not be a pre-submittal meeting for this RFQ. Dawson County provides equal opportunity for all businesses and does not discriminate against any person or business because of race, color, religion, sex, national origin and handicap or veteran status. This policy ensures all segments of the business community have access to supplying the goods and services need by Dawson County.

Dawson County does not guarantee a minimum/maximum value for this contract.

Contact Person

Vendors are encouraged to contact Melissa Hawk, Purchasing Manager at (706) 344-3500 x42223, by fax at (706) 531-2728 or email mhawk@dawsoncounty.org to clarify any part of the Request for Quote requirements.

Vendors may not contact any elected official or other county employee to discuss the quote process or opportunities except: 1) through the Purchasing Manager 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.

Response Submission

The documents required to be returned with the price proposal begins on page 7 of this document. Please print and complete in blue ink. The response is to be returned to Melissa Hawk, Purchasing Manager at mhawk@dawsoncounty.org by the date and time listed above as the submittal deadline. This is not a sealed solicitation.

mailto:mhawk@dawsoncounty.org mailto:mhawk@dawsoncounty.org

RFQ #45-24 Electronic Offender Home Monitoring Page 2

Background

Program costs will be paid 100% by the offender. The County will not collect or pay any fees due to the offeror by the offender. It is understood that there may be uncollectible debt that the proposer will have to absorb.

The courts shall retain complete authority for offender selection and management. The most common system used in our current contract has been the GPS tracking system.

The protocol for installations in the field will be completed on a case-by-case basis and only through court order.

Current Provider Information

• The current contract was awarded in 2021 to Pronto Trak, Cumming, Georgia for a contract term of one (1) year, beginning in 2022, with the option of two (2) one (1) year options.

• The following are approximate participant statistics:

Year Number of Offenders Monitored Number of Days

2021 10 1892

2022 5 1093

2023 10 1498

Thru August 12, 2021 2 316

Total 27 4799

Year Number of

Participants Average Number of Days in Program Lowest Number of

Days Highest Number of

Days

2021 10 189 11 614

2022 5 219 129 718

2023 10 150 1 533

Thru August 12, 2024 2 158 140 175

Total 27 716 281 2040

The following is the volume listed below are related services above as of August 12, 2024.

• Active GPS: 26

• Passive GPS: 0

• In home detention: 0

• Continuous alcohol monitoring: 1

• Mobile breath testing: 0

• Any combined units: 0

RFQ #45-24 Electronic Offender Home Monitoring Page 3

Scope of Work

The successful vendor shall supply all equipment and staff necessary to effectively:

• Maintain a 24-hour, 7 days a week data center.

• Perform data entry for admittance and termination into the program.

◦ Maintain all data storage and monitoring transmission data for all cases referred by Dawson

County. Data entry consists of entering all required computer demographic, schedule, curfew, offender rules, notifications, actions and configuration data on each case based upon information provided by Dawson County and/or the offender.

• Report weekly to Dawson County Sheriff’s Office staff, to be named during the contract phase of this solicitation, all schedules of events/violations via email or fax. Such report shall include but, not be limited to, each check in/out, tampering notification, tardiness notification, curfew checks, reset or any other occurrence monitored by the proposer.

• Maintain accounts and records of offender payments and provide direct billing and collection of fees from offenders for services wherein offenders are responsible for payment.

• Distribute and retrieve electronic monitoring equipment from offenders.

• Monitor each offender according to the program protocols established by Dawson County Sheriff’s

Office.

• Provide training, as necessary, to one (1) to five (5) Dawson County staff.

• Provide a location at proposer’s place of business for equipment installation. The court-ordered monitoring equipment shall be installed and operational within a timeframe, established with the successful vendor at the contract phase of this solicitation. This timeframe will be based on the drive time from the Dawson County Law Enforcement Center to the contractor’s place of business.

Installations shall take place between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.

Removal of equipment may take place at the Dawson County Law Enforcement Center or the contractor’s place of business.

• Provide the following services as ordered by the courts of Dawson County:

◦ Remote electronic breath alcohol testing of offenders.

◦ Remote transdermal alcohol testing of offenders.

◦ Offender tracing using the Global Positioning System (GPS) in a passive method, in an active method, as a one-piece (body worn) device.

◦ Combination of the above systems in either an integrated or a non-integrated manner.

• Provide testimony and evidence in court proceedings regarding the equipment and/or data when requested.

Equipment & Damage

• The successful vendor shall provide systems that shall be capable of full communications to the central computer system by standard land lines and/or cellular technology.

• The base system must maintain a continuous signaling, radio frequency-based transmitter and receiver/monitor and require no active participation by the client.

• The monitoring equipment shall be of the latest standard radio frequency “RF” technology available.

• If so ordered by the courts, the body worn device shall be lightweight and have tamper resistant features that enable the transmitter to immediately notify the monitoring center of any tamper attempt or removal from the offender’s person. The transmitter must emit a signal at a minimum of one (1) every thirty (30) seconds on a continuous basis during the life of the battery and transmit a low battery warning prior to battery failure.

• The receiver monitor shall be capable of full communications to the central computer system by standard land lines and/or by cellular technology. The receiver/monitor shall have an adjustable range of receiving transmitter signals. The range shall be adjustable from a maximum of one hundred fifty (150 feet), medium of sixty-five (65) feet and short of thirty-

RFQ #45-24 Electronic Offender Home Monitoring Page 4 five (35) feet. The receiver/monitor shall indicate that it is receiving the signal from the transmitter. The receiver/monitor shall be able to communicate with the central computer on battery backup for at least 48 hours. The receiver/monitor shall contain sufficient memory to capture all events that occur for at least one week, should the communications link with the central computer be disrupted.

• The equipment is to be operational and in good working order.

• The Vendor shall have the sole responsibility to maintain all equipment.

• Dawson County shall not be liable or responsible for damage or loss of equipment.

Permits & Licensing

• Successful vendor holds and maintain all licenses, permits to operate the scope of services within.

• Successful vendor must hold a valid Business License at time of contract award and a copy must be filed.

Management Agent/Employees

• The Vendor shall appoint a main point of contact, or agent, who will routinely review and inspect operations and consult with the County on current and future services.

• The Vendor’s agent shall be thoroughly familiar with all aspects of the contract and shall have full authority on the Vendor’s behalf in any and all matters pertaining to the contract.

• All Vendors’ employees must present a neat and clean appearance while performing under this contract.

• The Vendor and their employees and/or agents shall park motor vehicles only in a place(s) designated and/or approved by the contract administrator.

• Only authorized personnel shall be allowed to be privy of the contract and its offender base. The Vendor shall limit access to those persons in their employ.

Subcontracting

• The Vendor shall not subcontract any services herein without written approval from Dawson

County.

Administration

The project will be administered by the Dawson County Sheriff’s Office with the Dawson County

Detention Center Captain being the main point of contact during the term of the contract. The

Dawson County Purchasing Department will be the main point of contact until a contract for services has been executed.

Contract Term

The initial term of a contract awarded as a result of this Request for Quote shall be from January 1, 2025 through December 31, 2022. The contract may be renewed according to the terms stated herein for two (2) 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.

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.

Mandatory Questionnaire Form

RFQ #45-24 Electronic Offender Home Monitoring Page 5

The purpose of the Mandatory Questionnaire Form is to determine if the vendor meets the criteria as spelled out within the document.

The Mandatory Questionnaire Form can be found beginning on page 33 of this Request for Quote.

Proposal Requirements

A portion of the review of proposals to determine the offeror is responsive to the requirements of this solicitation will be the assessment of the mandatory questionnaire in its completeness and responsiveness of the proposer to complete the scope of work herein.

The proposers shall provide detailed information on the questionnaire so as to demonstrate its understanding of the services requested as described in Scope of Work section located within this

Request for Quote. Proposals shall be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFQ.

Emphasis should be placed on completeness and clarity of content.

Qualifications

The successful vendor shall have at least five (5) years of experience in providing the scope of services as listed herein.

Miscellaneous

Price for Proposal: 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.

Open Records: Proposers are reminded that under Georgia law, all opened documents fall under the open records act and are subject to inspection by the public. Proposers are reminded that documents and information in the possession of Dawson County will be treated as confidential/proprietary information only to the extent permitted by the Georgia Open Records Act, and will be exempt from disclosure to a third party only to the extent permitted by the Georgia Open Records Act. Should you believe that your Proposal contains any trade secrets you must include an affidavit, at time of proposal submission that states that specific portions of the proposal contain trade secrets as defined by Georgia law (Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia). Furthermore, the affidavit must be detailed, citing specifically (citing paragraphs, articles, provisions, pages, etc.) the portions of the proposal containing any trade secrets. Accordingly, proprietary information and/or data cannot be withheld from public inspection.

Business License Requirements: Successful vendor must hold a valid Business License at time of submission and a copy must be filed with the Purchasing Manager at time of submission. If awarded to an out-of-county vendor, that vendor must register their business license with the Dawson County Planning and Development Department within 10 days of executed contract. There are no fees associated with this registration. Note: Only the successful vendor needs to register with Dawson County Planning and

Development Department.

Insurance: Selected vendor will be required to provide Dawson County with a Certificate of Insurance for liability, automobile 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

RFQ #45-24 Electronic Offender Home Monitoring Page 6 change orders, plus any period of guarantee as required in the general warranty. The insurance certificate must name Dawson County Government as an additionally insured.

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.

Indemnification & Hold Harmless: All respondents to this Request for Quote 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 Request for Quote. The issuance of this Request for Quote constitutes only an invitation to present a proposal. 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 Request for Quote. 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 Request for

Quote 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 Request for Quote or otherwise.

Final Selection: Following review of all qualified proposals, selection of a suitable vendor, and preliminary contract negotiations, a recommendation will be made to Administration by the project representative.

Following approval, the County will complete the contract process. The County 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.

-End of This Section-

RFQ #45-24 Electronic Offender Home Monitoring Page 7

RFQ 45-24 ELECTRONIC OFFENDER HOME MONITORING

VENDOR’S CHECKLIST

Company Name:

Please indicate you have completed the following documentation; and submit them in the following order.

ITEM DESCRIPTION

Vendor’s Checklist

Vendor’s Information Form

Vendor’s Price Proposal Form

Vendor’s Reference Form

Addenda Acknowledgement Form and Any Addenda Issued

Drug-Free Workplace Affidavit

Georgia’s Security and Immigration Compliance Act Affidavit

• Contractor Affidavit

• Subcontractor Affidavit (if applicable)

Local Small Business Initiative Affidavit (if applicable)

Proof of Insurance

Completed W9

Copy of Valid Business License

Copy of Any Certifications Requested within Request for Quote

Authorized Signature Title

Print Name Date

THIS PAGE MUST BE COMPLETED AND SUBMITTED AS A PART OF YOUR PROPOSAL

RFQ #45-24 Electronic Offender Home Monitoring Page 8

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

RFQ #45-24 Electronic Offender Home Monitoring Page 9

VENDOR’S PRICE PROPOSAL FORM SHEET A

SERVICE RATE

RADIO FREQUENCY (RF) CURFEW OR HOUSE ARREST

RADIO FREQUENCY (RF) CURFEW OR HOUSE ARREST - CELLULAR

GLOBAL POSITIONING SYSTEMS (GPS)

ACTIVE GPS

PASSIVE GPS

CONTINUOUS TRANSDERMAL ALCOHOL TESTING

(SCRAMx) WITH LAND LINE BASE

CONTINUOUS TRANSDERMAL ALCOHOL TESTING

(SCRAMx) WITH CELLULAR BASE

CONTINUOUS TRANSDERMAL ALCOHOL TESTING

(SCRAMx) WITH DIRECT CONNECT/ETHERNET

CONTINUOUS TRANSDERMAL ALCOHOL TESTING

(SCRAMx) WITH (RF) CURFEW OR HOUSE ARREST W/LAND LINE

CONTINUOUS TRANSDERMAL ALCOHOL TESTING

(SCRAMx) WITH (RF) CURFEW OR HOUSE ARREST W/LAND LINE BASE

CONTINUOUS TRANSDERMAL ALCOHOL TESTING

(SCRAMx) WITH (RF) CURFEW OR HOUSE ARREST W/CELLULAR BASE

REMOTE BREATH ALCOHOL TESTING

INSTSALLATION FEE - AT PRONTO TRAK LOCATION

INSTALLATION FEE - IN FIELD

SUBSTANCE ABUSE SCREENS

ALCOHOL BREATH ANALYSIS

ETHYGLUCURONIDE (ETG) ALCOHOL TEST

ON-SITE URINE DRUG TEST

LAB-BASED URINE ANALYSIS

HAIR SAMPLE DRUG TEST

RFQ #45-24 Electronic Offender Home Monitoring Page 10

VENDOR’S PRICE PROPOSAL FORM SHEET B

Additional Information:

Quote valid for days

Authorized Signature: Date:

Title:

NO FEES/COSTS WILL BE PAID BY THE DAWSON COUNTY SHERIFF’S OFFICE. ALL

COSTS/FEES WILL BE THE RESPONSIBILITY OF THE OFFENDER AS ORDERED BY COURTS

IN DAWSON COUNTY.

ALL COSTS TO THE OFFENDER MUST BE LISTED ON THE VENDOR’S PRICE PROPOSAL

FORM

THIS DOCUMENT MUST BE COMPLETED AND SUBMITTED AS A PART OF YOUR PROPOSAL

RFQ #45-24 Electronic Offender Home Monitoring Page 11

VENDOR’S REFERENCE FORM

All references must be from customers for whom your company has completed work similar to the specifications of this bid. Attach additional page if necessary. Vendors may make additional copies of this form if providing background information regarding all previous/current Government accounts held.

Company Name: _______________________________________________________________

1. Company

Street Address

City, State & Zip

Contact Person Name Title

Phone FAX Email

Describe Scope of Work and dates of project/service:

2. Company

City, State & Zip

Contact Person Name Title

3. Company

City, State & Zip

Contact Person Name Title

RFQ #45-24 Electronic Offender Home Monitoring Page 12

ADDENDA ACKNOWLEDGEMENT

The vendor has examined and carefully studied the Request for Proposals and the following

Addenda, receipt of all of which is hereby acknowledged:

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.

RFQ #45-24 Electronic Offender Home Monitoring Page 13

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

RFQ #45-24 Electronic Offender Home Monitoring Page 14

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-VerifyTM Company Identification Number

BY: Authorized Officer or Agent Date

(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

RFQ #45-24 Electronic Offender Home Monitoring Page 15

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.

Subcontractors:

RFQ #45-24 Electronic Offender Home Monitoring Page 16

Subcontractor’s (Your)

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 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-VerifyTM Company Identification Number

BY: Authorized Officer or Agent Date

(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 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

RFQ #45-24 Electronic Offender Home Monitoring Page 17

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 (circle one): Corporation, Partnership, Sole Proprietorship

8. Does your business have more than one location in Dawson County? Yes No

If yes, specify the location(s):

Is your businesses’ principal base of operations in Dawson County? Yes No

Does your business have any locations outside Dawson County? Yes No

9. 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 Authorized Signature

_______ day of ________________, 20 Print Name

Notary Public

Commission Expires:

(SEAL) Title

RFQ #45-24 Electronic Offender Home Monitoring Page 18

CONTRACT NUMBER: 45-24

SAMPLE SERVICES AGREEMENT BETWEEN OWNER AND CONSULTANT

RFQ #45-24 ELECTRONIC OFFENDER HOME MONITORING

This Agreement is made and entered into this day of , by and between Dawson County, a political subdivision of the State of Georgia, (hereinafter referred to as the "Owner") and, (hereinafter referred to as the "Consultant" or “Contractor”) under seal for all professional services called for in the Dawson County

Request for Quote #45-24 Electronic Offender Home Monitoring and for furnishing materials, labor, and equipment necessary for job description as listed in the specifications and proposed by the Consultant.

Consultant or Contractor herein is a firm/individual in which the County maintains a contract with for services.

In consideration of the mutual promises, covenants, and payment set forth herein and for other good and valuable consideration, the County and Consultant agree to perform in accord with the terms of this Agreement.

ARTICLE 1

THE CONTRACT AND THE CONTRACT DOCUMENTS

1.1 The Contract

1.1.1 The Contract between the Owner and the Consultant, consists of the Contract Documents and shall be effective on the date this Agreement is executed by the last party to execute it. If any items in the

Contract conflict with the law of the State of Georgia law, law of the State of Georgia shall prevail.

1.2 The Contract Documents

1.2.1 The Contract Documents consist of this Document, the Request for Quote #45-24 Electronic

Offender Home Monitoring and all addenda, all Change Orders issued hereafter, and any other amendments executed by the parties hereafter. Documents not enumerated in this paragraph are not

Contract Documents and do not form part of this Contract.

1.3 Entire Agreement

1.3.1 This Contract constitutes the entire and exclusive agreement between the Owner and the

Consultant with reference to the Scope of Work. Specifically, but without limitation, this Contract supersede all prior written or oral communications, representations and negotiations, if any, between the

Owner and Consultant.

1.4 No Privity with Others

1.4.1 Nothing contained in this Contract shall create, or be interpreted to create, privity or any other contractual agreement between the Owner and any person or entity other than the Consultant.

1.5 Intent and Interpretation

1.5.1 The intent of this Contract is to require complete, correct and timely execution of the Work.

Any work that may be required, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Consultant for the Contract Price.

RFQ #45-24 Electronic Offender Home Monitoring Page 19

1.5.2 This Contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by any one Contract Document shall be considered as required by the Contract.

1.6 Ownership of Contract Documents

1.6.1 The Contract Documents, and each of them, shall remain the property of the Owner. The

Consultant shall have the right to keep one record set of the Contract Documents upon completion of the work; provided, however, that in no event shall Consultant use, or permit to be used, any or all of such

Contract Documents on other work without the Owner's prior written authorization.

1.7 Unobligated Funds

1.7.1 This Agreement 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 Agreement.

ARTICLE II

CONTRACT DEFINITIONS

The following terms shall have the following meanings whether in the singular or in the plural:

2.1 Agreement Execution. The Agreement Execution means the date both parties execute this

Agreement.

2.2 Contract. The word contract has the identical meaning as the word Agreement.

2.3 Contract Documents. The contract documents consist of this Agreement between the County and the Consultant, the request for proposals, addenda issued before the execution of this Agreement, the

Consultant’s statement of proposal and required response forms, change orders and modifications issued after execution of this Agreement, a written amendment to this Agreement signed by both parties, and a supplemental Agreement in the form of change work order signed by both parties.

2.4 Contract Price. The contract price means the total monies, adjusted in accordance with any provision set forth herein, payable to the Consultant pursuant to a change work order or a supplemental

Agreement.

2.5 Contract Time. The contract time means the period of time stated herein for completion of work.

2.6 Cost of Work. The cost of work means the fixed price or estimated cost necessary to perform the work described in the scope of work or any change work order.

2.7 County. The County means Dawson County, Georgia, a political subdivision of the State of

Georgia.

2.8 Deliverables. Deliverables means all reports, drawings, plans, designs, and other documents prepared by the Consultant identified in the scope of work as deliverable to the County.

2.9 Drawings. The drawings, if any, shall be the graphic and pictorial portions of the contract documents whether completed or partially completed.

RFQ #45-24 Electronic Offender Home Monitoring Page 20

2.10 Liaison. Liaison means the representative of the County who shall act as a liaison between the

County and the Consultant for all matters pertaining to this Agreement including review of Consultant’s plans and work.

2.11 Multi-year Contract. Multi-year contract means a contract for the purchase of supplies or services for more than one (1), but not more than five (5), fiscal years. A multi-year contract may provide that performance under the contract during the second and subsequent years of the contract is contingent upon the appropriation of funds, and (if it does so provide) may provide for a cancellation payment to be made to the Consultant if appropriations are not made.

2.12 Project. Project means a task or set of tasks assigned pursuant to the Scope of Work and/or a

Change Work Order.

2.13 Specifications. Specifications mean the written technical provisions including all appendices thereto, both general and specific, which form part of the contract documents.

2.14 Sub-consultant. A sub-consultant means any person, firm, partnership, joint venture, company, corporation or entity with an Agreement with the Consultant or Consultant’s sub-consultants to provide part of the work required by a change work order.

2.15 Change Work Order. A Change Work Order shall mean a written order to the Consultant executed by the County, issued after execution of this Contract, authorizing and directing a change in the work or an adjustment in the Contract Price or the Contract Time. The Contract Price and the Contract Time may be changed only by Change Order.

2.16 Work. The work means any and all obligations, duties and responsibilities, including furnishing equipment, consulting, design, labor, and any other service or thing necessary to the successful completion of the project assigned to or undertaken by the Consultant under this Agreement or change work order.

2.17 Term of Agreement. Term of Agreement means a fixed duration that the contract will be in effect.

The signing parties are obligated to adhere to the terms and conditions within the contract until the expiration, or end date, of the contract or if the contract is terminated as specified herein.

ARTICLE III

THE WORK

3.1 Scope of Work

3.1.1 The Consultant shall perform all of the Work required, implied or reasonably inferable from this

Contract, all in accordance with scope of service, amendments and the Consultants response to the RFQ document and in accordance with the with the terms of this agreement.

3.1.2 The term "Work" shall mean whatever is done by or required of the Consultant to perform and complete its duties under this Contract, including the following: design of the whole or a designated portion of the Project; furnishing of any required insurance; provision of required certifications and documentation of associated testing results, if required in the RFQ; provision or furnishing of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, permits http://www.businessdictionary.com/definition/duration.html http://www.businessdictionary.com/definition/contract.html http://www.businessdictionary.com/definition/terms-and-conditions.html http://www.businessdictionary.com/definition/expiration.html

RFQ #45-24 Electronic Offender Home Monitoring Page 21 and licenses required of the Consultant, fuel, heat, light, cooling and all other utilities as required by this

Contract. The work to be performed by the Consultant is generally described in Exhibit “A”:

ARTICLE IV

CONTRACT TIME

4.1 Time and Liquidated Damages

4.1.1 The Consultant shall complete the work within time specified in the RFQ upon receipt of the notice to proceed.

4.1.2 The Owner reserves the right to insert a liquidated damages provision in any change work order.

4.2 Substantial Completion

4.2.1. "Substantial Completion" shall mean that state in the progression of the Work when the Work is sufficiently complete in accordance with this Contract that the Owner can enjoy beneficial use or occupancy of the work and can utilize the work for its intended purpose.

4.3 Time is of the Essence

4.3.1 All limitations of time set forth in the Contract Documents are of the essence of this Contract.

ARTICLE V

CONTRACT PRICE

5.1 The Contract Price

5.1.1 The Offender as assigned by the Court shall pay the Contractor the fee calculated in accord with

“Exhibit B” and set forth in the project specified within as the Fee Proposal for RFQ.

5.2.1 The Consultant agrees that the Consultant shall not be compensated for customary overhead items that are not referenced within “Exhibit B”.

ARTICLE VI

PERSONNEL OF THE CONSULTANT

6.1 Personnel

6.1.1 The Consultant shall employ and assign only qualified and competent personnel to perform any service or task involved in the Project. The Consultant shall designate one such person as a Project Manager, and the Project Manager shall be deemed to be the Consultant's authorized representative, who shall be authorized to receive and accept any and all communications from the Owner.

6.1.2 The Consultant hereby agrees to replace any personnel or sub-consultant at no cost or penalty to the Owner, if the Owner reasonably determines that the performance of any personnel sub-consultant is unsatisfactory.

6.2 Personnel, Sub-Consultants and Suppliers

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6.2.1 Terms of Subcontracts. All sub-contracts and purchase orders with sub-consultants shall afford

Consultant rights against the sub-consultant that correspond to those rights afforded to the Owner against the Consultant in accord with the terms of this Agreement, including the right to suspend or terminate the sub-contract. Further, the parties hereto agree that no relationship of agency or employment or otherwise shall be created between the Owner and any sub-consultant of the Consultant, and the Consultant shall insert a provision to this effect within all sub-contracts between the Consultant and any sub-consultant.

6.2.2 The Consultant shall remain responsible to the County for all acts, defaults, omissions or negligence of the Consultant’s sub-consultants and suppliers. At the term of this Contract, the Consultant shall submit Exhibit “C” to the Purchasing Manager.

6.3 Notice of Personnel Changes

6.3.1 The Consultant key personnel identified within the statement of qualifications/proposal as submitted with Consultant’s Technical Proposal shall not be changed or substituted without the prior written approval of the Owner.

ARTICLE VII

THE OWNER

8.1 Information, Services and Things Required From Owner

8.1.1 The Owner shall furnish to the Consultant, at the time of executing this Contract, any and all written and tangible material in its possession that are necessary to facilitate the completion of this project in a timely manner, if any.

8.2 Right to Stop Work

8.2.1 If the Consultant fails or refuses to perform the work in accordance with this Contract, the

Owner may order the Consultant to stop the work, or any described portion thereof, until the cause for stoppage has been corrected, no longer exists, or the Owner orders that work be resumed. In such event, the Consultant shall immediately obey such order. The stop work order referenced herein must be in writing and must specify in detail the alleged failure of the Consultant in accordance with the contract documents.

8.3 Suspension and Termination

8.3.1 If the County directs a suspension of performance because of no fault of the Consultant, then the

County agrees to pay the Consultant as full compensation for such suspension the Consultant’s reasonable costs actually incurred and paid costs, of demobilization and remobilization, preserving and protecting work in place, and storage of materials or equipment purchased for the project.

8.3.2 If the County lifts the suspension of performance, then the County shall notify the Consultant in writing, and the Consultant shall promptly resume performance of the work order unless the Consultant has exercised its right of termination.

ARTICLE IX

THE CONSULTANT

9.1 The Consultant shall perform the work strictly in accordance with this Contract.

9.2 The Consultant shall supervise and direct the work using the Consultant's best skill, effort and attention. The Consultant shall be responsible to the Owner for any and all acts or omissions of the

Consultant, its employees, and others engaged in the work on behalf of the Consultant.

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9.3 Warranty

9.3.1 The Consultant warrants to the Owner that all labor furnished to progress the work under this

Contract will be competent to perform the tasks undertaken. All work not conforming to these requirements may be considered defective. The Consultant shall use that degree of skill and care ordinarily exercised under similar conditions by reputable members of Consultant’s profession practicing in the same or similar locale at the time of performance and in compliance with the Project at issue.

9.4 The Consultant shall comply with all lawful requirements applicable to the work and shall give and maintain any and all notices required by applicable law pertaining to the work.

9.5 Indemnity

9.5.1 The Consultant hereby agrees to indemnify and hold the County harmless to the fullest extent permitted by law from any and all claims, liability, damages, loss, cost and expense of every type whatsoever, including without limitation reasonable attorneys' fees and expenses in connection with the

Consultant’s performance of this Agreement, to the extent that the same results from the (1) negligent act, error or omission or willful misconduct of the Consultant, Sub-Consultant, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, or (2) the breach by the Consultant of any material provision of this Agreement.

9.7.1.2 The Consultant shall initiate a Notice of Claim or dispute against the Owner arising out of or related to this Contract or any change work order issued pursuant to this contract through a written notice submitted to the Owner. Such written notice shall be received by the Owner no later than seven (7) days after the event or the first appearance of the circumstances causing the claim and shall set forth in detail all known facts and circumstances supporting the claim. The Consultant hereby agrees and acknowledges that if the Consultant fails to provide written notice of a claim as set forth herein, then such failure shall constitute a waiver of any claim for additional compensation or time extension related thereto. In claims against any person or entity indemnified under this Paragraph 9.7 by an employee of the Consultant, a Sub-

Consultant, any one directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph 9.7 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Consultant or a Sub-Consultant under workers' compensation acts, disability benefit acts or other employee benefit acts.

ARTICLE X

CONTRACT ADMINISTRATION

10.1 Administration

10.1.1 The Dawson County Project Manager shall be the Owner's representative from the effective date of this Contract until final payment has been made for work site operations. Any and all change orders must be submitted through the Dawson County Project Manager to the County Manager. Acceptance of the change order will be reflected on the project purchase order issued by the Purchasing Manager.

10.1.2. The Owner and the Consultant shall communicate with each other in the first instance through the Project Manager for the project.

10.1.3 The Owner's Representative shall be the initial reviewer of the requirements of the drawings and specifications and the judge of the performance by the Consultant.

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10.1.4 The Owner's Representative shall have authority to reject work that is defective or does not conform to the requirements of this Contract.

10.1.5 The Owner's Representative will review the Consultant's Applications for Payment and will certify those amounts then due the Consultant as provided in this Contract.

10.1.6 The Owner's Representative, shall, upon request from the Consultant, conduct inspections to determine the date of final completion, will receive records, written warranties and related documents required by this contract and will issue a final Certificate for Payment upon compliance with the requirements of this Contract.

10.2 Claims by the Consultant

10.2.1 All Consultant claims shall be initiated by written notice and claim to the Owner at the attention the Purchasing Department. Such written notice and claim must be furnished within seven (7) days after occurrence of the event or the first appearance of the condition giving rise to the claim.

10.2.2 Pending final resolution of any claim of the Consultant, the Consultant shall diligently proceed with performance of this Contract and the Owner shall continue to make payments to the Consultant in accordance with this Contract. The resolution of any claim under this paragraph 9.7 shall be reflected by a

Change Order executed by the Owner and the Consultant.

ARTICLE XI

CHANGES IN THE WORK

11.1 Changes Permitted

11.1.1 County’s Right to Order Changes. The County may unilaterally make changes in the services or the work within the general scope of the project, which may consist of additions, deletions or revisions.

Any change order shall mean a written order to the Contractor executed by the Owner 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. Change Orders are to be processed through the Dawson County Project Manager with the County Manager’s signature required as authorization. All Change Orders must be processed by the

County Purchasing Manager on the issued Project Purchase Order for record.

11.1.2 Changes in the work shall be performed under applicable provisions of this Contract and the

Consultant shall proceed promptly with such changes.

11.2 Change Order Defined

11.2.1 Change Order shall mean a written order to the Consultant executed by the Owner, issued after execution of this Contract, authorizing and directing a change in the work or an adjustment in the Contract

Price or the Contract Time. The Contract Price and the Contract Time may be changed only by Change Order.

Acceptance of the change order will be reflected on the project purchase order issued by the Purchasing

Manager.

11.3 Changes in the Contract Price

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11.3.1 Any change in the Contract Price resulting from a Change Order shall be determined as follows:

(a) by mutual agreement between the Owner and the Consultant as evidenced by (1) the change in the Contract

Price being set forth in the Change Order, (2) such change in the contract Price, together with any conditions or requirements related thereto, being initialed by both parties and (3) the Consultant's execution of the Change

Order, or (b) if no mutual agreement occurs between the Owner and the Consultant, then as provided in

Subparagraph 11.3.2 below. Acceptance of the change order will be reflected on the project purchase order issued by the Purchasing Manager.

11.3.2 If no mutual agreement occurs between the Owner and the Consultant as contemplated in

Subparagraph 11.3.1 above, the change in the Contract Price, if any, shall then be determined by the Owner on the basis of the reasonable expenditures or savings of performing, deleting or revising the work attributable to the change, including, in the case of an increase or decrease in the Contract Price, a reasonable allowance for direct job site overhead and profit. In such case, the Consultant shall present, in such form and with such content as the Owner requires an itemized accounting of such expenditures or savings, plus appropriate supporting data for inclusion in a Change Order.

ARTICLE XII

CONTRACT TERMINATION

12.1 Termination by the Consultant

12.1.1 The Consultant may terminate this Agreement with the County by providing thirty (30) calendar days written notice. The Consultant shall continue until completion of any outstanding work orders or other ongoing projects unless otherwise agreed by the County, even if the Consultant must work to extend beyond the effective date of termination.

12.2 Termination by the Owner

12.2.1 for Convenience

12.2.1.1 The Owner may for any reason whatsoever terminate performance under this Contract by the

Consultant for convenience. The Owner shall give written notice of such termination to the Consultant specifying when termination becomes effective, which shall be a minimum of thirty (30) days from the written notice.

12.2.1.2 The Consultant shall incur no further obligations in connection with the work and the

Consultant shall stop work when such termination becomes effective. The Consultant shall also terminate outstanding orders and subcontracts. The Consultant shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The Owner may direct the Consultant to assign the Consultant's right, title and interest under terminated orders or subcontracts to the Owner or its designee.

12.3.2 for Cause

12.3.2.1 If the Consultant persistently or repeatedly refuses or fails to prosecute the work in a timely manner, supply enough properly skilled workers, supervisory personnel or proper equipment or materials, or it fails to make prompt payment to Sub-Consultants or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a material provision of this Contract, then the Owner may by written notice to the Consultant, without prejudice to any other right or remedy, terminate the employment of the

Consultant and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Consultant and may finish the work by whatever methods it may deem

RFQ #45-24 Electronic Offender Home Monitoring Page 26 expedient.