RFP for Consulting Services for Disaster Recovery and FEMA Public Assistance - Butts County, Georgia

By: mbrewer
Date: Feb 01, 2023
Comment: 0
Category: Bids

BUTTS COUNTY BOARD OF COMMISSIONERS

Request for Proposals

RFP #2023-04
FOR

Consulting Services for Disaster Recovery and FEMA Public Assistance

Deadline:
March 2, 2023 at 2:00 P.M.

BUTTS COUNTY BOARD OF COMMISSIONERS
REQUEST FOR PROPOSALS
Consulting Services for Disaster Recovery and FEMA Public Assistance

Greetings,
Butts County Board of Commissioners invites you to submit a proposal for consulting services. The proposal must be submitted in accordance with the information contained herein.

Questions or clarifications regarding this request for proposal should be addressed to Tina Lunsford, Procurement Specialist via email to tlunsford@buttscounty.org. Questions will be accepted until February 15, 2023 12:00 p.m. and will be answered in an addendum posted to the county’s website https://buttscountyga.com. The deadline for first addendum, if required, will be February 17, 2023. The posting of additional addenda may be required, and it is the responsibility of the Proposer to ensure that they review the County’s website for any additional addenda, and that they submit acknowledgement of all applicable addenda (on the included form) with their solicitation. Proposers should not expect to be individually notified by Butts County. Sealed proposals will be accepted until Thursday March 2, 2023, at 2:00 p.m. Any late submittals received will not be considered. Submittals are to be delivered to:
Butts County Government
Purchasing Office
625 W. Third Street, Suite 4
Jackson, GA 30233
Request for Proposals: Consulting Services for Disaster Recovery and FEMA Public Assistance

The Cost Proposal must be submitted in a sealed envelope separate from the proposal and specify on its face the name of the consulting firm.
Thank you for your interest in doing business with Butts County!

1. SECTION I – REQUEST FOR PROPOSAL INFORMATION
Information in this section is proposal specific. Any conflicting information stipulated in this section shall supersede the General Terms & Conditions noted in Sections II – VII.
1.1. PURPOSE
Butts County is seeking competitive sealed proposals from qualified organizations to provide professional consulting services for Disaster Recovery and FEMA Public Assistance in accordance with the specifications and conditions contained in the proposal. This proposal has been compiled for the purpose of providing information, requirements, guidelines, specifications, and other data that can be used by proposers who wish to submit a proposal for consideration. It is the intent to enter into a pre-event contract, which would result in no immediate cost to the Butts County GA. The contractor shall provide all materials and services necessary in the performance of this proposal. Butts County, GA does not guarantee a minimum value for this contract.

1.2. SCHEDULE OF EVENTS
Pre-Proposal Conference No
Deadline to submit questions Wednesday, February 15 2023 at 12:00 pm
Deadline for first addendum Friday. February 17, 2023
Deadline for submission of completed RFP Thursday, March 2, 2023 at 2:00 pm
1.3. SCOPE OF WORK
Butts County request proposals for assistance to support the County’s Disaster Recovery operations and FEMA Public Assistance preparation to expedite financial recovery and mitigation to minimize impacts from future disasters. This will include, but not limited to, reporting, and other consulting services associated with damages sustained as a result of any future disasters that may arise. The selected consultant shall possess demonstrated experience in disaster recovery programs, and have extensive knowledge and expertise in the operations of the Federal Emergency Management Agency’s (FEMA) Public Assistance (PA) Program, Hazard Mitigation Program (HMP), and other federal and state programs to ensure full compliance with all applicable federal, state, and local laws, regulations, executive orders and FEMA requirements.
The executed contract will meet all rules for Federal grants, as provided for in Title 44 Code of Federal Regulations and 2CFR 200.317 through 200.236 and Appendix II.
1.3.1. GENERAL
1.3.1.0. CONTRACT SCHEDULE: The awarded contractor shall sign and deliver the negotiated Agreement and such other required Contract documents to the County within ten (10) calendar days of the Notice of Award being received by the awarded contractor. Once the contract is executed between Butts County and the awarded contractor, the awarded contractor will be bound by the pre-event on call services contract to deliver the services required by this proposal. Butts County must first approve any change in or substitution of team members, including any consultant, in writing.
1.3.1.1. QUALIFICATIONS: Proposals must include a cover letter, a description of the firm’s capabilities and services, a discussion of the firm’s expertise relative to the background and experience requirements contained herein and resumes of qualified professionals who will be responsible for completing assigned tasks. This material should also be provided for key sub-consultants.
1.3.1.2. PRICING AND QUOTE PREPARATION: Bidders are encouraged to list any options or services it may provide that it feels might be of interest to the County, not included in base proposal price.
1.3.1.3. COMPENSATION: Due to the scope of this project, compensation shall be based on the selected firm’s rate schedule. Respondents are requested to provide a rate schedule with their proposal.
1.3.1.4. COST TRACKING: The services provided under this contract should be eligible for reimbursement as a direct administrative cost (reference Disaster Assistance Policy DAP9525.9, Section 324 Management Costs and Direct Administrative Costs and Recovery Policy 9525.14, Grantee Administrative Costs). To maximize the County’s ability to recover the cost of services provided under this contract, the Firm shall track time on a project-by-project basis. Invoices submitted to the County for payment must reflect this project-by-project breakdown and must provide sufficient backup documentation to ensure reimbursement eligibility.
1.3.1.5. COMPLIANCE WITH APPLICABLE LAW: The successful contractor must acknowledge that FEMA financial assistance may be used to fund the contract, along with the requirement that the contractor will comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. Further, the successful contractor must agree to comply with the applicable laws of the State of Georgia, local laws, regulations, codes, ordinances, and proclamations.
1.3.1.6. DEADLINE FOR QUESTIONS: Proposals that are uncertain as to terms, delivery, compliance requirements, and/or specifications, may be rejected or otherwise disregarded. Every effort has been made to ensure that all information needed is included in this proposal. If the proposer finds that it cannot complete its response without additional information, it may submit written questions to the issuing office on or before the deadline set forth herein. No further questions will be accepted after that date.

1.3.2. FEMA PUBLIC ASSISTANCE ADVISORY SERVICES
1.3.2.1. The Successful Contractor will be expected to provide FEMA Public Assistance Advisory Services, including, but not limited to, the following:
1.3.2.1.1. Provide guidance in recovering reimbursement for the repair/replacement of the loss of critical infrastructure;
1.3.2.1.2. Collaborate with County staff and others, as needed, on project formulation, including damage assessments, information gathering, project development, preparation of project worksheets, to the Federal Emergency Management Agency (FEMA);
1.3.2.1.3. Attend all meetings with FEMA, state and insurance representatives, as well as, participate regularly with the County’s designated FEMA workgroup. The awarded firm will attend in-person meetings as required;
1.3.2.1.4. Identify and communicate risks within the County’s operation that could preclude its ability to optimize reimbursement;
1.3.2.1.5. Assist with the management of FEMA-administered and/or other Federal or State grants;
1.3.2.1.6. Assist the County in establishing pragmatic document control, establishing a file retention system and data management processes to ensure disaster records are complete and ready for audit;
1.3.2.1.7. Generate project extension requests and amendments when necessary, and any other reports or documents to ensure grant reimbursement eligibility is not de-obligated;
1.3.2.1.8. Provide engineering, planning, and permitting as required as a result of damages from disasters within the County. Note: A cost proposal will be required for any and all projects as they are identified;
1.3.2.1.9. Develop and execute a process/system for the County, from inception through the project closeout, to prepare and submit its disaster recovery program; this is to include documentation, procurement, contracts, payroll, and grant submission support;
1.3.2.1.10. Develop and execute processes for obtaining, analyzing, and gathering field documentation; including, but not limited to, records related to procured goods and services, timekeeping, and force account labor and equipment; this should include processes for disaster debris monitoring services;
1.3.2.1.11. Develop improved and/or alternate project requests for FEMA and/or other Federal or State grants. Develop Hazard Mitigation Strategies and Proposals, as appropriate;
1.3.2.1.12. Assist with the submission of first and second appeals to FEMA, as appropriate;
1.3.2.1.13. Possess the expertise to assist in the preparation of accurate PA emergency and permanent work project estimates including but not limited to cost estimating, developing detailed damage descriptions and dimensions, scope of work, and accurate force account labor and equipment summary reports; and
1.3.2.1.14. Coordinate and interface with engineering and design efforts for repair and/or construction of damaged facilities and infrastructure that will comply with FEMA eligibility and cost reasonableness determinations. Provide oversight of repair/construction efforts to ensure work complies with applicable Project Worksheets and related FEMA Public Assistance grant requirements and guidelines.
1.3.3. FINANCIAL PAYROLL (FORCE ACCOUNT LABOR) AND GRANT MANAGEMENT
1.1.1.1. The Successful Contractor will be expected to provide Financial Payroll and Grant Management services related to FEMA Public Assistance, including, but not limited to, the following:
1.3.3.1.1. Ensure County disaster recovery and restoration processes comply with laws, regulations, and guidelines to maximize reimbursement for eligible disaster expenditures and to minimize timing for reimbursement;
1.3.3.1.2. Possess the expertise to assist in all disaster-recovery financial reimbursement and reporting processes required by FEMA, State, or other agency. Ensure there are no duplications of submission if varying agencies are involved;
1.3.3.1.3. Possess the expertise to assist the County through FEMA, State (or other agency) guidelines to capture force account labor eligible expenses accurately for timesheets and project cost accounting. Assist in the review of County personnel policies to ensure compliance for eligible cost reimbursement;
1.3.3.1.4. Possess the expertise to assist the County through federal, state (or other agency) guidelines to ensure the capture of relevant data related to procured goods and services. Provide oversight of contractor’s billing to ensure all costs eligible for disaster grant funding are documented and claimed;
1.3.3.1.5. Perform interval review and reconciliation of actual project spending to ensure project costs are accurately captured;

1.3.4. PROCUREMENT AND CONTRACT MANAGEMENT OR MONITORING SUPPORT
1.3.4.1. The Successful Contractor will be expected to provide Procurement and Contract Management and/or Monitoring Support services related to FEMA Public Assistance, including, but not limited to, the following:
1.3.4.1.1. Ensure County disaster recovery and restoration procurement processes comply with laws, regulations and guidelines as required by federal, state, or other agencies;
1.3.4.1.2. Possess the expertise to assist in the review of County Purchasing policies to ensure compliance for eligible cost reimbursement;
1.3.4.1.3. Develop processes for ensuring compliance related to contract monitoring and contract close-out as required by federal, state, or other agencies; and
1.3.4.1.4. Ensure County documentation is sufficient to respond to audits and reviews.
1.3.5. INFORMATION TECHNOLOGY & DATA MANAGEMENT
1.3.5.1. The Successful Contractor will be expected to provide Information Technology and Data Management services relative to the County’s FEMA public assistance request, including, but not limited to, the following:
1.3.5.1.1. Possess the expertise to assist County staff in the development of IT solutions that support the management and implementation of disaster recovery programs;
1.3.5.1.2. Develop processes for the County to properly collect data and document information as necessary to optimize compliance with federal, state, or other agencies; and
1.3.5.1.3. Ensure County documentation is sufficient to respond to audits and reviews.
1.3.6. INSURANCE AND OTHER FUNDING SUPPORT
1.3.6.1. The Successful Contractor will be expected to provide services for insurance assessment and assessment of funding support relative to the County’s FEMA public assistance request, including, but not limited to, the following:
1.3.6.1.1. Review and understand the County’s insurance coverage in order to ensure the County’s disaster recovery and restoration processes comply with laws, regulations and guidelines as required by federal, state, or other agencies;
1.3.6.1.2. Develop process to assist the County in routing eligible expenses correctly, including insurance coverage guidelines;
1.3.6.1.3. Possess the expertise to assist the County with identifying other disaster recovery funding opportunities, including Community Development Block Grant Disaster Recovery programs; and
1.3.6.1.4. Ensure there are no duplications of funding or submissions if varying agencies are involved.
1.3.7. HAZARD MITIGATION SUPPORT
a. The Successful Contractor will be expected to provide services for hazard mitigation support relative to the County’s FEMA public assistance request, including, but not limited to, the following:
b. Provide expertise in identifying, developing, and evaluating opportunities for the development of hazard mitigation programs to reduce or eliminate risk from future events;
c. Possess the expertise to assist the County in preparing relevant documentation and analysis related to hazard mitigation grant programs; and
d. Ensure County hazard mitigation programs comply with laws, regulations and guidelines as required by federal, state, or other agencies.
1.3.8. EMERGENCY MANAGEMENT SUPPORT SERVICES
1.1.1.2. The Successful Contractor will be expected to provide Emergency Management Support Services and must possess expertise related to post-disaster recovery continuity of operations, training, development of teams, monitoring, review, and test of plans related to future events.

1.3.9. CFR 200 COMPLIANCE LANGUAGE – PROCUREMENTS
1.3.9.1. While assisting the County with project procurements or in the event the vendor must procure additional resources post-contract award, the awarded Proposer will strictly adhere to 2 CFR 200 procurement rules. This includes adhering to the strictest provisions of Federal, State, and Local Procurement Rules, Regulations and/or Ordinances, etc.
1.3.10. VENDOR BILLING
1.3.10.1. The successful contractor will be engaged in direct project work; therefore, indirect billing is not anticipated and must be pre-approved by the County. All direct project costs will be concisely billed to specific project codes established by the County. Vendor invoices will be categorized by project code and must include:
 Name
 Position
 Billing Rate
 Total Hours
 Costs
 Project
 Sub-task

1.3.11. TERM OF CONTRACT
1.3.11.1. The County’s intent is to enter into a pre-disaster event contract for an initial term of twelve (12) months, with four (4) optional 12-month renewal terms, under the same terms and conditions.
The Contractor will be responsible for submitting a written request for contract adjustments within thirty (30) days of the end of the then-current contract term. If approved, any change in the contract cost will be effective in an amount equivalent to the percentage increase for the previous calendar year (Jan – Dec), using the Consumer Price Index (CPI-U, South Region, All Items), as published by the U. S. Department of Labor, Bureau of Labor Statistics.
The contract shall automatically renew unless either party provides the other with written notice of intent not to renew within ten (10) days of the end of the then-current contract term.
1.3.12. SUSPENSION AND DEBARMENT
1.3.12.1. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
1.3.12.2. This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available, the federal government may pursue available remedies, including but not limited to suspension and/or debarment.
1.3.12.3. The proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

1.3.13. SUB-CONTRACTORS
1.3.13.1. If the Consultant elects to sub-contract with any firm, for any portion of the work, the Consultant shall be responsible for all work performed by any sub-contractor and the Consultant shall not be relieved of any obligations under this Contract.
1.3.13.2. Each Respondent shall submit a list of proposed sub-contractors to be used if awarded the contract.
1.3.13.3. Each Respondent must provide a list of Sub-Contractors, Qualifications and Experience, and attach a copy of any and all licenses and certificates for each sub-contractor listed and submit with each copy of the RFP Package. If subcontractors are to be included in the proposal, all terms and conditions must be disclosed including method and reason for selection, subcontractor compensation, and subcontractor billing rate. At the County’s request, provide all internal sub-contractor documentation for federal reimbursement review. If no sub-contractors are proposed, so state there on.
1.3.13.4. At any time, the County may, at its discretion, require any Respondent to submit all relevant data required to establish to the satisfaction of the County, the reliability and responsibility of the proposed sub- contractors to furnish and perform the work proposed.
 1.3.14. BONDING REQUIREMENTS
A one hundred ten percent (110%) Performance bond and a one hundred ten percent (110%) Payment bond shall be furnished payable to, in favor of, and for the protection of the County. When Bid bonds are required, they must be in a sum equal to five percent (5%) of the total amount of the contractor’s response and may be in the form of a surety issued bond or cashier’s check made payable to Butts County. Bid bonds are returned to the unsuccessful suppliers when the Notice of Award has been issued or contract has been executed. When bonding is required, failure to submit appropriate bonding will result in automatic rejection of bid.
Performance and/or Payment bonds must be presented within ten (10) days of the Notice of Intent to Award or prior to the award of contract, whichever is later. Surety companies executing bonds must appear on the Treasury Department’s most current publication (Circular 570 as amended) and be authorized to do business in Georgia. Unless otherwise specified, bonds shall be in effect for a period of one year from the completion of the project. The bond amounts shall be increased as the contract amount is increased. No alternative securities are currently accepted in lieu of performance or payment surety bonds.

1.2. FEDERAL TERMS AND PROVISIONS REQUIRED IN CONTRACT
The following terms and conditions must appear in any contract entered into the with Successful Bidder related to the services set forth in this RFP.
1) Access to Records. The following access to records requirements applies to the Contract in addition to any requirements that may be elsewhere imposed:
a. Consultant agrees to provide County, the Comptroller General of the United States, or any of their authorized representatives or designees, access to any books, documents papers, and records of Consultant which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. Consultant shall keep its books documents, papers, and records available for this purpose for at least five years after this Agreement terminates or expires or such longer time as requested by City at any time prior to the expiration of the then applicable time frame. This provision does not limit the applicable statute of limitations.
b. Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
c. Consultant agrees to provide any of the foregoing parties access to construction or other work sites pertaining to the work being completed under this Agreement, if applicable.
d. Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Consultant does not transfer the records to City or any authorized or designated federal representative.
2) Environmental Compliance.
a. Consultant shall comply with all applicable standard, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 1701 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251 et seq.).
b. Consultant shall report all violations to City, any applicable State agencies, and the regional office of the Environmental Protection Agency.
c. Consultant shall include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance.
d. Consultant shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6201 et seq.).
3) Contract Work Hours and Safety Standards Act.
a. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in Paragraph (a) of this section, the Contractor, and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor, and any subcontractor responsible therefor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph (a) of this section, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph (a) of this Section.
c. Withholding for unpaid wages and liquidated damages. The applicable federal funding agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Paragraph (b) of this Section.
d. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in Paragraphs (a) through (c) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with clauses set forth in Paragraphs (a) through (c) of this Section.
4) Equal Employment Opportunity. This provision is applicable to all federally assisted construction contracts, as that term is defined at 41 C.F.R. § 60-1.3. To the extent the Agreement meets this definition, Consultant agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
c. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s legal duty to furnish information.
d. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
e. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor.
f. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
g. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
h. The Contractor will include provisions in Paragraphs (a) through (g) set forth in this subsection in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provision will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work; provided that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish he administering agency and the Secretary of Labor such information as they may require for the supervision of such compliances, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract medication subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has no demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertaking the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
5) Contracting with Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms.
a. If Consultant intends to subcontract any portion of the work covered by the Agreement, Consultant must take all necessary affirmative steps to assure that small and minority businesses, women’s business enterprises and labor surplus area firms are solicited and used when possible. Affirmative steps must include:
i. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women’s business enterprises, are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;
iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; and
v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
6) Immigration and Nationality Act
a. Consultant agrees to comply with the terms of the employment provisions contained in 8 U.S.C. Section 1324A(e), Section 274A(e) of the Immigration and Nationality Act.
7) Administrative Remedies for False Claims and Statements
a. Consultant acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to Consultant’s actions pertaining to this Agreement.
8) Remedies
a. If any work performed and/or good delivered by consultant fails to meet the requirements of the Agreement, any other applicable standards, codes or laws, or otherwise breaches the terms of the Agreement, the City may in its sole discretion:
i. Elect to have Consultant re-perform or cause to be re-performed, at Consultant’s sole expense, any of the work which failed to meet the requirements of the Agreement;
ii. In the case of goods, reject the goods and require Consultant to provide replacement goods that meet the needs of City and the terms of the Agreement;
iii. Hire another Contractor to perform the work and deduct any additional costs incurred by City as a result of substituting contractors from any amounts due to consultant; or
iv. Pursue and obtain any and all other available legal or equitable remedies.
b. This Section shall in no way be interpreted to limit the City’s right to pursue and obtain any and all other available legal or equitable remedies against consultant.
9) Compliance with Applicable Laws
a. Consultant agrees to be bound by the terms of the Federally-Funded Subaward and Grant Agreement between the City and FEMA and/or the State of Georgia and any of its agencies if applicable.
b. Consultant agrees to be bound by all applicable state and federal laws, regulations, and Executive Orders.
10) Suspension and Debarment
a. Federal regulations restrict the City from contracting with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities, where the contract is funded in whole or in part with federal funds. Accordingly, a contract or subcontract must not be made with any parties listed on the SAM Exclusions list. SAM Exclusions is the list maintained by the General Services Administration that contains the name of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under certain statutory or regulatory authority. The Consultant can verify its status and the status of its principals, affiliates, and subcontractors at www.SAM.gov.
i. This Contract is a covered transaction for purposes of 2C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
ii. Consultant must comply with 2 C.F.R. pt. 180, Subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
iii. This certification is a material representation of fact relied upon by the City. If it is later determining that the Consultant did not comply with 2 C.F.R. pt. 180, Subpart C and 2 C.F.R. pt. 3000, Subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
11) Byrd Anti-Lobbying Amendment
a. Consultants who apply or bid for an award of $100,000 or more shall file the required certification found below. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient.
b. The certification referenced in Paragraph (a) of this Section is below:

Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Consultant, _______________________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Consultant understands and agrees that the provision of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statement, apply to this certification and disclosure, if any.

__________________________________________ Date: _______________________________
Signature
Name:
Title:

SECTION II GENERAL TERMS AND CONDITIONS
1. Offer Submission
a. These instructions will bind Offerors to terms and conditions herein set forth, except as specifically stated otherwise in special contract terms with any individual proposal. These instructions are to be considered an integral part of the proposal.
b. Proposals may be submitted by mail, common carrier or delivered in person. Fax or electronic proposals are not acceptable. It shall be the duty of each Offeror to ensure that their proposal is delivered within the time and at the place prescribed in this document. Proposals received prior to the time fixed in this proposal document will be securely kept unopened. A date/time stamp will be affixed to the envelope/package immediately upon its arrival to the Purchasing Department. Any proposal received at the office designated in this document after the exact time and date specified, will not be considered, and returned unopened to the Offeror.
c. At the date and time specified for the opening of the proposal, the proposal shall be publicly opened and read aloud for the information of Offeror and others present.
d. The proposal must be submitted in a sealed envelope/parcel on or before the date and time stated in this document and is to be mailed or delivered to:
Butts County Board of Commissioners
Purchasing Department, Suite 4
625 West Third Street
Jackson, GA 30233
RFP # 2022-03 Consulting Services for Disaster Recovery and FEMA Public Assistance

e. The Submittal Checklist must be reviewed, and the Offeror is to comply with the order of the submittal of documents and is to be included with the proposal.
f. The following items are to be submitted:
• One (1) unbound clearly marked “Original,” of the proposal documents,
• Five (5) bound copies identical to the original proposal documents,
• One (1) digital copy in PDF format on a USB flash drive identical to the original proposal documents. The USB flash drive should be labeled with the Proposal number and Offeror’s name.

g. All proposals must be manually signed and filled out legibly (typewritten or printed in ink) with all changes or corrections initialed by the person signing the proposal.
h. If descriptive literature is attached to the proposal, your firm’s name must be on all sheets submitted.
i. Each proposal submitted shall be deemed to have been made with full knowledge of all terms, conditions, and requirements contained in this request for proposal. The failure or omission of any Offeror to examine any form, instrument or document shall in no way relieve any Offeror from obligations in respect to the proposal submittal or the compliance of the terms, conditions, and requirements of the proposal.
j. Individual contractors shall provide their Social Security number and proprietorships; partnerships and corporations shall provide their Federal Employer Identification number on the Company Information Form of the proposal documents and a completed W9 form to be submitted with the proposal.
k. The authorized representative whose signature will appear on the proposal submitted certifies that the Offeror has carefully examined the instructions of this proposal and the terms and specifications applicable to and made a part of this proposal. The Offeror further certifies that the prices shown on the Proposal Price Submittal Form is in accordance with the conditions, terms, and specifications of the proposal and that any exception taken thereto may disqualify the proposal.
l. Any documentation submitted with or in support of a proposal or proposal shall become subject to public inspection under the Georgia Open Records Act. Labeling such information “Confidential”, “Proprietary”, or in any other manner shall not protect this material from public inspection upon request. All records become subject to public inspection only after award of the contract or purchase order.
2. Preparation of Offers
a. All product, equipment, article, or material must be new and unused or current production. No reconditioned or used item(s) will be accepted except as specifically requested herein. Units that are classified as prototype or discontinued models are not acceptable.
b. Samples of items, when required, must be submitted within the time specified and unless otherwise specified by the County, at no expense to the County. Unless otherwise specified, samples will be returned at the Offeror’s request and expense if items are not destroyed by testing.
c. Full identification of each item including brand name, model, catalog number, etc., must be furnished to identify exactly what the Offeror is offering. Whenever an article or material is defined by describing a proprietary product or by using the name of a manufacturer, the term “or equal” if not inserted shall be implied. The specified article or material shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed as to exclude other manufactured products of comparable quality, design, and efficiency. In the event that any equivalent version is proposed, prospective Offerors are herewith advised that precise, adequate, and documented evidence of equivalency in performance, stability, and operational efficiency should be submitted with the proposal for further consideration. Final determination of equivalency will be determined by Butts County.
d. Negligence on the part of the Offeror in preparing the proposal confers no right for withdrawal or modification in any way after the deadline for the proposal opening.
3. Clarification and Communication to County Concerning Proposal
a. From time to time, the Purchasing Department may have to release written changes to a solicitation. These formal written changes are called addendum or if multiple, Addenda. It is the ultimate responsibility of the Offeror to ensure that they have all applicable addenda prior to the proposal submission. Therefore, we encourage all Offerors to frequently review the County’s website: https://buttscountyga.com/requests-for-bids-proposals-or-qualifications All addenda forms must be signed and submitted with the proposal. Failure to respond and acknowledge any addenda or requests for clarification, even after the proposal opening, shall result in a non-responsive proposal.
b. The successful firm’s proposal and all addenda will become a part of the agreement resulting from this document.
c. Offerors seeking an award of a Butts County contract shall not initiate or continue any verbal or written communication regarding a solicitation with any County officer, elected official, employee, or other County representative without permission of the Purchasing Department between the date of the issuance of the solicitation and the date of the final contract award by the Board of Commissioners. If determined that such communication has compromised the competitive process, the offer submitted by the individual, firm or business shall be disqualified from consideration for award. EXCEPTION to the above would be emailing request for clarification and/or questions to the point of contact listed in the bid/proposal. (These requests will be answered in an addendum).
4. Pre-Proposal Conference
The Pre-Proposal Conference or any other information session (if indicated in the schedule of events) will be held at the offices referred to in the “Request for Proposal”. Unless indicated otherwise, attendance is not mandatory, although suppliers are strongly encouraged to attend. However, in the event the conference has been identified as mandatory, then a representative of the supplier must attend the conference in its entirety to be considered eligible for contract award.
5. Rejection and Withdrawal of Offers
a. Withdrawal of offer due to errors the supplier has up to forty-eight (48) hours to notify the Purchasing Department of an obvious clerical error made in calculation of offer to withdraw a proposal after the proposal opening. Withdrawal of offer for this reason must be done in writing within the forty-eight (48) hour period.
b. The County may reject all or part of the proposal where it is in the best interest of the county or as a result of improper conduct on the part of a county employee.
6. Proposal and Contract Documents
a. A proposal executed by an attorney or agent on behalf of the Offeror shall be accompanied by an authenticated copy of the Power of Attorney or other evidence of authority to act on behalf of the Offeror.
Corporation: If the Offeror is a corporation, the proposal must be submitted in the name of the corporation, not simply the corporation’s trade name. In addition, the proposal shall be signed by an officer of the corporation.
Partnership: If the Offeror is a partnership, all partners must sign the proposal. If all the partners do not sign the proposal, then the names of all those except limited partners must be furnished on the proposal and evidence of the authority of the signer(s) to execute the proposal on behalf of the partnership.
Limited Liability Company (LLC): If the Offeror is a limited liability company, the authorized agent having authority to bind the limited liability company must sign the proposal documents.
Sole Proprietorship or Individual: If the Offeror is a sole proprietor or individual, a signature is required on all proposal documents by that individual.
b. The contract documents consist of this Agreement, Specifications and Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated Agreement between the parties hereto and supersedes prior negotiations, representation, or agreements, either written or oral.
c. Contract Term – The time period of the agreement, if any is formed from this proposal, will be determined after the review and evaluation of the Timeline Schedules submitted by the successful offeror and the County.
7. Exceptions and Omissions
Any exceptions to the specifications and/or terms and conditions must be addressed during the question/clarification and addendum phases.
8. Alterations of Solicitation and Associated Documents
Alterations of County documents are strictly prohibited and will result in automatic disqualification of the Offeror’s solicitation response.
9. Cost Incurred by Vendors
All expenses involved with the preparation and submission of the proposal to the Butts County Board of Commissioners, or any work performed in connection therewith is the responsibility of the vendor(s).
10. Codes, Permits, Fees, Licenses and Law
a. All permits, fees, arrangements for inspections, licenses, and costs incurred for the same shall be the sole responsibility of the successful Offeror. All materials, labor and construction must comply with all applicable rules and regulations of local, state and/or national codes, laws and ordinances of all authorities having jurisdiction over the project, shall apply to the contract throughout and will be deemed to be included in the contract the same as though herein written out in full.
b. All General Contractors must have a current valid license from the State Licensing Board for Residential and General Contractors, unless specifically exempted from holding such license pursuant to Georgia law, O.C.G.A. Section 43-41-17.
11. Safety
All vendors and subcontractors performing services are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this Contract.
12. Design, Standards and Practices
Design, strength, quality of materials and workmanship must conform to the industry acceptable standards of engineering practices and/or professional services.
13. Statement of Warranty
A Statement of Warranty should include all applicable manufacturers’ warranty and the Contractor’s warranty regarding equipment, materials, and workmanship. This statement shall include the terms, conditions, and the period of warranty coverage. Any exclusion(s) must be clearly stated.
14. Non-collusion
By submitting a proposal in response to this solicitation, the Offeror represents that in the preparation and submission of this proposal, said Offeror did not either directly or indirectly, enter into any combination or arrangement with any person, Offeror, Corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. Section I or Section 59.1-9.1 through 59.1-9.17 or Sections 59.1 – 68.6 through 59.68.8). Collusion and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.
15. Nondiscrimination
Notwithstanding any other provision of this Agreement, during the performance of this Agreement Contractor, for itself, its heirs, personal representatives, successors in interest and assigns, as part of the consideration of this Agreement does hereby covenant and agree, as a covenant running with the land, that:
a. No person on the grounds of race, color, religion, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination.
b. In the production of the vehicle(s), and the furnishing of services therein or thereon, no person on the grounds of race, color, religion, sex, or national origin shall be excluded from participation in, or denied the benefits of, such activities, or otherwise be subjected to discrimination.

16. Georgia Security and Immigration Compliance Act
Pursuant to the Georgia Security and Immigration Compliance Act of 2006, the successful Contractor understands and agrees that compliance with the requirements of O.C.G.A.13-10-91 and Georgia Department of Labor Rule 300-10-02 are conditions of this proposal and contract document. The Contractor further agrees that such compliance shall be attested by the Contractor and any of his Subcontractors by execution of the appropriate Affidavit and Agreement which will be included and become a part of the Agreement between Butts County and the successful Contractor.
17. Supplier Inclusion Program
Small, local, Disadvantaged Business Enterprise (DBE), and female-owned business enterprises are encouraged to participate in the solicitation process.
18. Delivery and F.O.B. Destination
a. All prices shall include shipping and delivery cost to our destination; F.O.B., Butts County, Georgia, unless otherwise requested. The Offeror shall handle all material procurement, storage, and delivery to project site. Unless otherwise specified in this specification, Offeror shall supply all materials required. The County will grant no allowance for boxing, crating or delivery unless specifically provided for in this proposal. The Offeror shall retain title for the risk of transportation, including the filing for loss or damages.
b. The County desires delivery of the product(s) or service(s) as specified at the earliest possible time after the date of award. Unreasonable delivery may be cause for disqualifying a proposal. Each firm shall state a definite delivery time and avoid using general terms such as “ASAP” or approximately so many days.
19. County’s Tax Exemption
Butts County is exempt from Federal Excise Tax or Georgia Sales Tax regarding goods and services purchased directly by Butts County. Exemption certificates furnished upon request.
20. Award of Contract
a. Butts County desires to complete the award process in a timely manner. Butts County reserves the right to reject or accept any or all proposals, whole or any parts thereof, by item or group of items, by section or geographic area, or make multiple awards and be the final approval of proposal (s) selection which would be the most advantageous to the County with price and other factors considered. Butts County may elect to waive any technicalities. The proposal specifications will be available on the County’s website: https://buttscountyga.com/requests-for-bids-proposals-or-qualifications
b. Butts County reserves the right to reject any proposal if the evidence submitted by or investigation of the Offeror fails to satisfy the County that the Offeror is properly qualified to carry out the obligations of the Contract. If the successful Offeror defaults on their proposal, an award may be made to the next highest scored offeror.
c. Butts County is subject to making records available for disclosure after the Board of Commissioners approval of the recommendation. No claim shall be made by the selected Consultant for loss of profit if the contract is not awarded or awarded for less work than is indicated and for less than the amount of the proposal. The total of the awarded contract shall not exceed the available funds allocated for the proposed project.
d. Butts County has a local vendor privilege. Proposals awarded to local vendors contribute to the local tax base and will therefore be given special consideration when competing against out-of-jurisdiction (out-of-county) vendors. Proposals received from local vendors will be given preference if such offer is responsive and within five (5) percent of the highest scored proposal by any out-of-county proposal. In such instance, the local vendor will be given the opportunity to match the price offered by the out-of-county vendor. If such local vendor agrees to match the price received from the out-of-county vendor within the time specified by the county, the proposal shall be awarded to the local vendor. A local vendor shall only be eligible to receive the benefit of this privilege if it meets each of the following requirements prior to any award of a contract or purchase:
1. The business or supplier must operate and maintain a regular place of business within the geographical boundaries of Butts County; and
2. The business or supplier must have a current occupational tax certificate; and
3. The business or supplier must have paid all real and personal taxes owed the county; and
4. The business or supplier must certify its compliance with the Georgia Security and Immigration Act.
This policy shall not apply to any request for proposal for material, equipment, or services in excess of one hundred thousand dollars ($100,000.00).
21. Project Site and Monitoring of Work
a. The Contractor may have a Project Coordinator, but the project site shall remain under the control of Butts County. The Contractor shall provide and make available an appointee to Butts County for project coordination and supervision of Offeror installation personnel. Coordination consists of meeting with the Butts County representatives to review the project; on site walk throughout of installation area(s) before the installation begins; review installation procedures; review installation progress and to handle any problems during installation until project completion.
b. The successful Offeror will promptly correct all work rejected by the County as faulty, defective, or failing to conform to the Minimum Specifications and/or to consensus standards adopted by both government and industry governing the repairs, whether observed before or after substantial completion of the work, and whether or not fabricated, installed, or completed. The successful Offeror will bear all costs of correcting such rejected work.
c. The Contractor shall insure all trash generated by work performed shall be removed from the site and properly disposed as each work operation is completed in a given area. Additionally, the Contractor shall ensure all disturbances to the area where the Contractor performed work are restored to the same condition prior to start of the project. If an inspection reveals that the Contractor fails to clean up after work has been performed, the County will notify the Contractor of the discrepancy and the Contractor will have twenty-four (24) hours to make the correction. Should the Contractor still fail to clean the area, the County reserves the right to make other arrangements to have the area cleaned and the County shall deduct the cost from the Contractor’s invoice.
d. No one except authorized employees of the Contractor is allowed on the premises of Butts County facilities. Contractor employees are not to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Contractor.
22. Confidentiality
All information disclosed by Butts County to the successful Contractor for the purpose of the work to be done or information that comes to the attention of the successful Contractor while performing such work is to be kept strictly confidential.
23. Indemnification
a. The vendor that is selected as the contractor shall, at its own expense, protect, defend (but only to the extent not prohibited by O.C.G.A. §13-8-2(c)), indemnify, save and hold harmless Butts County and its elected and appointed officers, employees, servants and agents from all claims, damages, lawsuits, costs and expenses including, but not limited to, all costs from administrative proceedings, court costs and attorney fees that Butts County and its elected and appointed officers, employees, servants and agents may incur as a result of the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the Contractor in the performance of the contract.
b. The contractor’s indemnification responsibility under this section shall include the sum of damages, costs and expenses which are in excess of the sum of damages, costs and expenses which are paid out in behalf of or reimbursed to the County, its officers, employees, servants and agents by the insurance coverage obtained and/or maintained by the contractor, but only to the extent and for such claims as are permitted under O.C.G.A. §13-8-2(c).
24. Controlling Law, Venue
Any dispute arising because of this proposal and/or an Agreement which was created from the terms, conditions and specifications of this document or their interpretation, litigation shall only be entered into and shall be performed in Butts County, Georgia. This Agreement shall be governed by the applicable laws of the County of Butts and the State of Georgia. Any dispute arising out of the agreement, this proposal solicitation, its interpretations, or its performance shall be litigated only in the County of Butts Judicial Courts.
25. Contractor as Independent Contractor
In conducting its business hereunder, Contractor acts as an independent contractor and not as an employee or agent of Butts County. The selection, retention, assignment, direction, and payment of Contractor’s employees shall be the sole responsibility of Contractor.

26. Assignment
The Agreement, in whole or any part hereof, created by the award to the successful contractor shall not be sold, not be assigned or transferred by Contractor by process or operation of law or in any other manner whatsoever, including intra-corporate transfers or reorganizations between or among a subsidiary of Contractor, or with a business entity which is merged or consolidated with Contractor or which purchases a majority or controlling interest in the ownership or assets of Contractor without the prior written consent of Butts County.
27. Owner and Ownership of Documents
The Butts County Board of Commissioners, 625 West Third Street, Jackson, Georgia 30233 is the owner of the proposed work. Reports and all relevant data such as maps, diagrams, plans, designs, electronic data, statistics, specifications, and other supporting records or drawings compiled or prepared in the course of performance of the services required by this contract shall be the absolute property of the County and shall not be used by the Contractor for purposes unrelated to this contract without the prior written approval of the County. Such original documents shall be turned over to the County upon completion of the project except that Contractor shall have the right to retain copies of the same.
28. Performance of Contract
a. Butts County reserves the right to enforce the Contractor’s performance of this Agreement in any manner prescribed by law or deemed to be in the best interest of the County in the event of breach or default or resulting contract award. It will be understood that time is of the essence in the Offeror’s performance.
b. The successful Contractor shall execute the entire work described in the Contract Documents, except to the extent specifically indicated in the Contract documents to be the responsibility of others.
c. The Contractor accepts the relationship of trust and confidence established by the award of this proposal solicitation. The Contractor covenants with the County to utilize the Contractor’s best skill, efforts, and judgment in furthering the interest of the County; to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers and materials; and to perform the work in the best way and most expeditious and economical manner consistent with the interest of the County,
d. All purchases for goods or services are subject to the availability of funds for this particular purpose.
29. Default and Termination
a. Termination by Contractor
The agreement resulting from this proposal shall be subject to termination by Contractor in the event of any one or more of the following events: The default by County in the performance of any of the terms, covenants or conditions of this Agreement, and the failure of County to remedy, or undertake to remedy such default, for a period of thirty (30) days after receipt of notice from Contractor to remedy the same.
b. Termination by County
The agreement resulting from this proposal shall be subject to termination by the County at any time in the opinion of the County; the contractor fails to carry out the contract provisions of any one or more of the following events:
(1) The default by Contractor in the performance of any of the terms, covenants or conditions of the Agreement, and the failure of Contractor to remedy, or undertake to remedy with sufficient forces and to the County’s reasonable satisfaction, the County shall provide the vendor with notice of any conditions which violate or endanger the performance of the Agreement. If after such notice the Contractor fails to remedy such conditions within thirty (30) days to the satisfaction of the County, the County may exercise their option in writing to terminate the Agreement without further notice to the Contractor and order the Contractor to stop work immediately and vacate the premises, to cancel ordered products and/or services with no expense to the County.
(2) Contractor files a voluntary petition in bankruptcy, including a reorganization plan, makes a general or other assignment for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the property or affairs of Contractor and such receivership is not vacated within thirty (30) days after the appointment of such receiver.
(3) Contractors’ failure to conduct services according to the approved proposal specifications.
(4) Contractors’ failure to keep, perform, or observe any other term or condition of this Agreement.
(5) Contractor’s performance of the contract is unreasonably delayed.
(6) Should the successful Offeror fail to provide the commodities or services when ordered, and in accordance with the General Terms and Conditions, specifications and any other requirements contained herein are not met, the County reserves the right to purchase commodities or services covered by this contract elsewhere if available from an alternate source.
(7) The Contractor agrees by its proposal submission that the County’s decision is final and valid.
c. Force Majeure
Neither party shall be held to be in breach of the Agreement resulting from this proposal, because of any failure to perform any of its obligations hereunder if said failure is due to any act of God, fire, flood, accident, strike, riot, insurrection, war, or any other cause over which that party has no control. Such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event and the obligation of the party giving such notice shall endeavor to remove or overcome such inability with all reasonable dispatch.
d. Waiver
The waiver of any breach, violation, or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to constitute a waiver any subsequent breach, violation, or default in or with respect to the same or any other covenant or condition hereof.
30. Invoices
Invoices and/or statements should be mailed directly to:
Butts County Board of Commissioners
Accounts Payable
625 West Third Street, Suite 4
Jackson, GA 30233

31. Payment
Payment shall be tendered to the successful Offeror upon acceptance and approval by the County for satisfactory compliance with the general terms, conditions, and specifications of the proposal; by completed services; verification of delivery of products; assurance that the product/service performs as specified and warranted; and receipt of a valid invoice.
32. Insurance Requirements
The contractor shall procure and maintain the following insurance, to be in effect throughout the term of the contract, in at least the amounts and limits as follows:
a. General Liability Insurance: $1,000,000 combined single limit per occurrence, including bodily and personal injury, destruction of property, and contractual liability.
b. Automobile Liability Insurance: $1,000,000 combined single limit each occurrence, including bodily injury and property damage liability.
c. Worker’s Compensation & Employer’s Liability Insurance: Worker’s Compensation & Employer’s Liability Insurance:
Bodily injury by Accident – each employee $1,000,000
Bodily injury by Disease – each Employee $1,000,000
Bodily injury by Disease – policy limit $1,000,000
d. Professional Liability (Errors and Omissions) Insurance: $2,000,000 limit per claim and aggregate.

Before a contract is executed, the Certificates of Insurance for all required coverage shall be submitted. The certificate shall list an additional insured as follows:

Butts County, Georgia
Butts County Board of Commissioners
625 West Third Street
Jackson, Georgia 30233

SECTION IV EVALUATION CRITERIA

Butts County’s selection of a firm shall be based upon the demonstrated competence and qualifications of the firms to provide the type of service required. Each proposal will be evaluated and scored through a process by the County’s staff.

The Proposer’s submittal must fully address the requirements listed in this solicitation and the Firm’s degree of experience, knowledge, and ability to provide experienced and qualified support staff. The proposal is not to have any exclusions, conditions or provisions applied to the request. It is the County’s intention to select a firm which is the most qualified to meet the County’s needs. The award shall be based on but not limited to the following factors:
RFP EVALUATION CRITERIA Scoring Value
Maximum Points
Qualifications 30
Relevant Experience and References 30
Understanding and Approach of the Project 30
Cost Proposal 10
MAXIMUM SCORING POINTS TOTAL 100

Oral Presentation and Product Demonstration – At its sole discretion, the Evaluation Committee made up of County employees may require an interview/presentation before the final selection and award to a Firm. Submittal of material and information during an interview/presentation could add up to 15 additional points to the total score of the Firm. 15
(Possible additional points if an oral presentation is requested)
The Scoring Formula for the above Scoring Value Maximum Points is as follows:
Excellent .75 – 1.00
Good .50 – .74
Fair .25 – .49
Poor 0 – .24
Multiply scoring formula by possible scoring value maximum point allotment. Example: If you score a firm .6 (Good) on Relevant Experience and References and multiply .60 x 30 (maximum scoring points), this will equal to 18 points.

SPECIAL NOTE – the Proposal Cost will be evaluated as follows:
• Low Conforming Proposal 10 points
• Proposals within 5% of Low Proposal 8 points
• Proposals within 7% of Low Proposal 6 points
• All Other points
Best and Final Offer Process represents an optional step in the selection process and may be used when:
a. No single response addresses all the specifications.
b. The cost submitted by all proposers is too high.
c. The scores of two (2) or more proposers are very close after the evaluation process.
d. All proposers submitted responses that are deficient in one or more area.
Butts County reserves the right to remove the high score and the low score for each offer if deemed necessary.
The County reserves the right to negotiate the fee and/or Scope of Services with the highest ranked Proposer. If negotiations cannot be completed successfully, then the County reserves the right to negotiate with the second highest ranked Contractor. Award will be the Proposer with whom potential contract negotiations were successful.

COST PROPOSAL

(Note: Proposer must sign and submit their cost proposal in a separate sealed enveloped marked as “Cost Proposal.”)

The proposed fee shall include all labor, material, and equipment to provide the services as outlined including any travel or per diem expenses and any other miscellaneous expenses involved. A schedule of fees broken down by task along with hourly rates for project personnel to be used as the basis for payment is to be attached.

TOTAL COST PROPOSAL AMOUNT $ ___________________________________________________________
(NUMBERS)

TOTAL COST PROPOSAL AMOUNT $ ___________________________________________________________
(WORDS)

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