REQUEST FOR PROPOSALS

FOR

STANDARDS OF COVER STUDY

FOR

CITY OF DECATUR

DECATUR, GEORGIA

August 6, 2026

REQUEST FOR PROPOSALS

The City of Decatur will receive sealed proposals for the Standards of Cover Study for City of Decatur Fire Rescue Department, Decatur, Georgia, until 2:00 p.m. on Tuesday, September 8, 2026, in the City Manager’s Office at Decatur City Hall, 509 North McDonough Street, Decatur, Georgia 30030.

The proposal package for the Standards of Cover Study is available online at www.decaturga.com/rfps.

All prices quoted by the vendors shall be based upon the cost of all equipment and services necessary to complete the project. Any deviation from the materials specified must be noted in the proposal submitted. The vendor shall include an estimated start date and an estimate of the number of days required to complete the project. The vendor shall be responsible for establishing the means and methods for completing the work and for supplying all labor, materials and equipment and all else necessary for the timely completion of the Project.

Any questions regarding bids and/or misunderstandings that may arise from this proposal should be submitted, in writing, and should be directed to Toni Washington, Fire Chief, at toni.washington@decaturga.com , no later than 12:00 noon on Friday, August 28, 2026.

Proposals are to be submitted on a proper form furnished by the City and shall be addressed to the Fire Chief, City Hall, City Manager’s Office, 509 North McDonough Street, 2nd Floor, Decatur, Georgia, sealed, dated and enclosed in an envelope appropriately marked on the outside "Bid for Standards of Cover Study for City of Decatur Fire Rescue Department, Decatur, Georgia" marked with the name of the bidder and date and hour of opening, and mailed or delivered to reach the designated office on or before 2:00 p.m., on Tuesday, September 8, 2026.

The following documents, at a minimum, are required to be submitted as part of the vendor’s proposal package:

• Cover Letter

• Firm Overview

• Project Understanding

• Proposed Methodology

• Project Schedule

• Project Team

• Relevant Experience

• References

• Sample Reports

• Cost Proposal

• Optional Services

• Exceptions to the RFP Required Forms and Affidavits (see Attachments)

Proposals may be held by the City of Decatur for a period not to exceed sixty (60) days from the date of the opening of proposals for the purpose of reviewing the proposals and investigating the qualifications of vendors, prior to awarding of the contract. The City reserves the right to reject any and all proposals and to waive informalities.

http://www.decaturga.com/rfps mailto:toni.washington@decaturga.com

Instructions

Submittals Due

One original and two signed copies of the proposal must be submitted in a sealed envelope clearly marked “Bid for Standards of Cover Study for City of Decatur Fire Rescue Department, Decatur, Georgia” no later than 2:00 p.m. on Tuesday, September 8, 2026, to:

Fire Chief Toni Washington City of Decatur

City Manager’s Office, 2nd Floor 509 North McDonough Street

P.O. Box 220 Decatur, Georgia 30031

Any submittals not received by this date will not be considered. Three copies of the proposal are required. Proposals should be in an 8½" x 11" format.

One electronic copy of the complete proposal as a searchable PDF on a USB drive, included within the sealed package.

Proposal opening will be on Tuesday, September 8, 2026 at 2:00 p.m. in the City Commission meeting room of the Decatur City Hall, 509 North McDonough St., Decatur, Georgia 30030.

Proposal Inquiries

Inquiries about this request should be made to:

Toni Washington, Fire Chief Decatur Fire Rescue Department 509 North McDonough Street Decatur, Georgia 30030 Phone: (678) 553-6582 Fax: (404) 377-3147 Email: toni.washington@decaturga.com

Terms and Conditions

• The City of Decatur reserves the right to reject any and all proposals or parts of a proposal, to waive informalities, and to adjust quantities.

• All proposals will be considered final. No additions, deletions, corrections, or adjustments will be accepted after the due date.

• All delivery costs or charges shall be included in the price.

• State of Georgia sales tax and federal tax are not applicable to sales made to the City of Decatur and must be excluded.

• Vendors are required to clearly identify any deviations from the specifications in this document.

• The authorized officer of the company submitting the proposal must sign in blue or black ink.

• Vendors must submit three (3) copies of their proposal; one is to be an original and so marked.

• Sealed proposals received after the designated time of the receipt of the sealed proposals will be considered as “No Bid” and “Void” and will not be opened.

• The successful vendor is specifically denied the right of using in any form or medium the names of City of Decatur or any other public entity within the City of Decatur for public advertising unless express written permission is granted.

• All vendors must possess the necessary and appropriate business and/or professional licenses in their field.

• All proposals shall remain in effect for sixty (60) days after the proposal due date.

• Vendors shall provide a list of at least three (3) references where similar goods and/or services have been provided. Each reference shall include the name of the organization, the complete mailing address, the name of the contact person, email address, and telephone number.

1. Introduction

The City of Decatur, Georgia, is soliciting proposals from qualified public safety consulting firms to conduct a comprehensive Standards of Cover (SOC) Study for the Decatur Fire Rescue Department.

The purpose of this project is to evaluate the department's current deployment model, service delivery, operational effectiveness, community risk, and future resource needs. The completed study will provide a data-driven roadmap for maintaining and enhancing emergency response capabilities while supporting the City's strategic planning initiatives and preserving its ISO Class 2 Public Protection Classification.

The City seeks a consultant with demonstrated expertise in fire service deployment analysis, GIS modeling, accreditation readiness, community risk assessments, and nationally recognized best practices.

2. Notice to Vendors

Vendors are reminded to carefully examine the proposal and specifications upon receipt. Any questions concerning this proposal must be submitted in writing by mail, fax or emailed to Toni Washington, Fire Chief, by noon on Friday, August 28, 2026. Requests submitted after that time, WILL NOT be considered. (See page 3 for contact information).

3. Acceptance

Proposals shall remain fixed and valid for acceptance for sixty (60) calendar days starting on the due date of the proposal.

The City of Decatur reserves the right to accept any part of this proposal deemed to be in the best interest of the City. The City also retains the right to accept or reject any or all proposals.

4. Payment Terms and Invoicing:

The City of Decatur will pay properly submitted vendor invoices within thirty (30) days of receipt of an approved invoice. Because this is a professional services engagement, invoices shall be submitted and paid on a milestone basis tied to accepted deliverables rather than upon a single completion. The anticipated milestone payment schedule is: ten percent (10%) upon acceptance of the Project Management Plan and project kickoff; thirty percent (30%) upon acceptance of the Community Risk Assessment and GIS deployment analysis; thirty percent (30%) upon delivery and acceptance of the draft Standards of Cover report; and thirty percent (30%) upon acceptance of the final report and completion of all required presentations. Final payment shall not be made until all deliverables have been received and accepted as specified. Any retainage shall be as set forth in the contract.

5. Award:

The City will award the contract to the most responsive and responsible vendor whose proposal is most advantageous to the City. In determining the most advantageous proposal, the City will consider the weighted evaluation criteria set forth in the Evaluation Criteria section of this RFP (qualifications and experience, project understanding, technical approach, project team, cost, and references). The City reserves the right to request clarifications, to shortlist and interview the highest-ranked firms, and to request best and final offers before award. Award is subject to successful negotiation of a contract and, where required, approval by the City Commission.

The City may opt to establish alternate selection criteria to protect its best interest or meet performance or operational standards.

6. Background

The Decatur Fire Rescue Department provides fire suppression, emergency medical services, technical rescue, hazardous materials response, fire prevention, community risk reduction, and emergency management services to the City of Decatur.

The Department currently operates from two fire stations and serves a community experiencing continued residential, commercial, and mixed-use redevelopment consistent with the City's Destination: 2030 Strategic Plan.

As community demographics, call volume, and infrastructure evolve, the City recognizes the importance of evaluating whether current staffing, deployment, apparatus placement, and operational strategies continue to meet community expectations and nationally accepted standards.

The completed Standards of Cover Study will provide objective recommendations that support future operational and capital planning decisions.

For the consultant's planning purposes, the following Department profile is provided and will be confirmed at project kickoff: the Department operates two fire stations and holds an ISO Class 2 Public Protection Classification. As part of the City-furnished information described in this RFP, the City will provide the current service-area square mileage, resident and daytime population, the three most recent years of annual call volume, and current response-time performance.

The City of Decatur is located in North Central Georgia and is the government seat of DeKalb County. Decatur shares the City of Atlanta’s eastern border and is situated in the middle of the DeKalb County. Decatur is the most densely populated municipality in the State of Georgia with approximately 25,732 people residing in 4.7 square miles. The daytime population is estimated to be 60,000.

The fire department is 100 years old and has two stations located on the northern and southern ends of the city. The department has an annual operating budget of $5,380,790 which staffs forty-three full-time personnel and fifteen part-time personnel.

The Decatur Fire Department provides suppression, fire prevention education, first responder coverage to basic life support calls, natural causes, manmade causes, acts of terrorism, and the use of weapons of mass destruction incidents within the City of Decatur and assists with mutual aid calls with DeKalb County and the City of Atlanta.

Although Decatur is a relatively small community, its proximity to the City of Atlanta (it is only 8 miles from Downtown Decatur to Downtown Atlanta) and home of the county government offices for the second most populous county in Georgia create demands on the firefighters atypical for a community of Decatur’s size. The City of Decatur is unique in that it sponsors and/or hosts over thirty (30) community events each year that attract more than 250,000 people. Decatur provides fire protection for Center for Disease Control offices and Georgia State and County Courthouses. Decatur is the hub for Georgia Family and Children Services and houses three rapid transit stations for Metropolitan Atlanta Rapid Transit Authority (MARTA). The department also provides protection to the MARTA Emergency Operations Center for the east/west rail line.

The Department participates in mutual aid arrangements with Metro Atlanta municipalities through Georgia Mutual Aid and DeKalb County Government.

The Department provides emergency medical services at the basic life support/first-responder level. DeKalb County Fire Rescue Department holds the state transport license for the City of Decatur.

The City is separately evaluating a change to the Department's shift schedule and anticipates a pilot beginning in January 2027. Because this pilot overlaps the study's data-collection period, the selected consultant shall (a) be advised of the pilot at kickoff, (b) clearly note which shift model is reflected in the data used for each analysis, and (c) be prepared, if requested, to address the deployment, overtime, and staffing implications of the schedule change. Nothing in this RFP commits the City to adopting any particular schedule.

7. Project Objectives

The selected consultant shall:

Evaluate current emergency response capabilities.

Identify strengths and service gaps.

Evaluate deployment effectiveness.

Assess community risks.

Analyze fire and EMS workload.

Develop measurable performance standards.

Recommend improvements that enhance firefighter safety and service delivery.

Support long-term strategic planning and capital investment decisions.

Provide recommendations consistent with CFAI Standards of Cover methodology and applicable NFPA standards, including NFPA 1710, NFPA 1730, and the current CPSE/CFAI Community Risk Assessment: Standards of Cover model.

8. Scope of Services

The consultant shall provide all labor, software, data analysis, reports, and presentations necessary to complete the project.

The study shall include, at minimum, the following components:

A. Community Risk Assessment (CRA)

Conduct a comprehensive Community Risk Assessment that includes:

Demographic analysis Population density Occupancy classifications Historic districts Multi-family housing High-rise buildings Educational facilities Healthcare facilities Special hazards Transportation corridors Critical infrastructure Future development projections

The assessment shall classify risks using accepted CFAI methodologies.

B. GIS Deployment and Response Analysis

Evaluate current station locations and emergency response performance using GIS-based modeling.

The analysis shall include:

Travel time modeling Effective response force analysis Station coverage mapping Response time reliability Identification of coverage gaps Impact of traffic congestion Future growth impacts Potential station relocation or additional station analysis, if warranted

C. Standards of Cover Analysis

Develop a complete Standards of Cover assessment that includes:

Baseline service demand Call distribution Fire incidents EMS incidents Simultaneous incidents Reliability analysis Concentration analysis Distribution analysis Deployment effectiveness Unit availability

D. Critical Task Analysis

Evaluate staffing requirements necessary to safely and effectively manage emergency incidents including:

Residential structure fires Commercial fires High-rise incidents Technical rescues Hazardous materials incidents Mass casualty incidents

Recommendations shall consider firefighter safety, operational effectiveness, and nationally recognized standards.

E. Unit Hour Utilization Analysis

Analyze workload for all suppression and EMS resources including:

Unit Hour Utilization (UHU) Call frequency Peak demand periods Overlapping incidents Resource availability Impact of EMS demand on fire suppression readiness

F. Staffing Analysis

Review current staffing levels and evaluate:

Company staffing Daily staffing Effective Response Force Overtime usage Vacancy impacts Future staffing needs Succession planning considerations

G. Apparatus and Capital Needs Assessment

Provide recommendations regarding:

Engine deployment Ladder company needs Rescue unit deployment Specialized response capabilities Fleet replacement priorities Facility improvements Long-term capital planning

H. Accreditation Readiness (Optional)

Provide an evaluation of the Department's readiness for future CFAI Accreditation and identify steps necessary to pursue accreditation should the City elect to do so.

9. City-Furnished Information and Data to Be Provided

To support consistent and comparable proposals, the City will make the following information available to the selected consultant. Vendors shall prepare their proposals on the assumption that this information will be furnished by the City, and shall identify in their proposals any additional data they will require:

Computer-aided dispatch (CAD) and NFIRS/NERIS incident records for the most recent three to five fiscal years;

Records-management, run-time, and turnout/travel-time data sufficient to evaluate response performance;

Current GIS layers, including streets, address points, parcels, hydrants, station locations, and existing response zones;

Apparatus inventory, staffing rosters, and daily staffing and overtime records (de-identified as appropriate);

Existing mutual aid agreements;

Target-hazard, pre-incident-plan, and critical-infrastructure information;

Current response-time performance and any adopted response-time objectives;

Relevant planning documents, including the City's Destination: 2030 Strategic Plan and comprehensive plan; and

Prior studies, accreditation materials, or ISO evaluation documentation, if available.

The City will designate a project liaison to coordinate data requests and access. Data will be provided in the formats reasonably available to the City. The consultant is responsible for validating, cleaning, and reconciling the data it receives, and shall state in its proposal any assumptions regarding data availability, completeness, or quality that affect its price or schedule.

10. Deliverables

The selected consultant shall provide:

Project Management Plan Community Risk Assessment GIS Maps Standards of Cover Report Executive Summary Final Recommendations Digital GIS files, in native, editable formats (for example, Esri geodatabase and shapefiles), including all data, models, and map files used in the analysis Electronic and printed copies of all reports Presentation to Fire Rescue Department leadership Presentation to the City Manager Presentation to the City Commission

11. Project Schedule

The anticipated project schedule is:

Milestone Target Date RFP Issued August 6, 2026 Proposal Due September 8, 2026 Consultant Selection Fall 2026 Project Kickoff Fall 2026 Data Collection Fall/Winter 2026 Draft Report Spring 2027 Final Report Summer 2027

12. Consultant Qualifications

Proposals should demonstrate:

Minimum five years of experience Experience with municipal fire departments Experience conducting CFAI Standards of Cover studies GIS analytical capabilities Experience with ISO deployment evaluations Knowledge of NFPA standards Experience evaluating EMS deployment References from comparable municipalities Disclosure of any proposed subconsultants or teaming partners, their qualifications, and the portions of the work they will perform.

Preference may be given to firms with experience serving communities similar in size and density to the City of Decatur.

13. Proposal Requirements

Proposals shall include:

Cover Letter Firm Overview Project Understanding Proposed Methodology Project Schedule Project Team Relevant Experience References Sample Reports Cost Proposal Optional Services Exceptions to the RFP Required forms and affidavits, completed and signed (see Attachments); and One electronic copy of the complete proposal as a searchable PDF on a USB drive, included within the sealed package.

14. Cost Proposal Requirements

The Cost Proposal shall be submitted in a clear, itemized format that allows the City to compare proposals on a consistent basis and to add or remove optional work. At a minimum, the Cost Proposal shall include:

A total, not-to-exceed fixed price for the complete Scope of Services;

A cost breakdown by task or phase, aligned to the components in the Scope of Services and the Deliverables;

A schedule of hourly billing rates by labor category, for use in pricing any additional or changed work;

Separate, itemized pricing for each optional service (including the optional Accreditation Readiness evaluation) so that the City may include or exclude it at its discretion;

The treatment of travel and reimbursable expenses, which shall be billed at cost, without markup, and shall not exceed the limits of the City's travel policy; and

Confirmation that all pricing will remain firm for the sixty (60)-day acceptance period.

The milestone payment schedule in the Payment Terms and Invoicing section will apply to the accepted Cost Proposal.

15. Insurance Requirements

Prior to execution of a contract, the successful firm shall provide certificates of insurance evidencing the following minimum coverages, with limits to be confirmed by the City's Risk Manager:

Professional Liability (Errors and Omissions): [$1,000,000] per claim / [$2,000,000] aggregate;

Commercial General Liability: [$1,000,000] per occurrence / [$2,000,000] aggregate;

Automobile Liability: [$1,000,000] combined single limit; and

Workers' Compensation and Employer's Liability as required by Georgia law.

The City of Decatur shall be named as an additional insured on the Commercial General Liability and Automobile Liability policies. Each certificate shall provide for at least thirty (30) days' written notice of cancellation. Coverage shall be primary and non-contributory to the extent required by the contract.

16. Confidentiality, Data Handling, and Open Records

The consultant shall treat all data and information provided by the City as confidential, shall use it solely to perform this study, and shall limit access to personnel with a need to know.

Sensitive information including critical-infrastructure and target-hazard data and any personally identifiable information or protected health information contained in incident or EMS records shall be safeguarded and shall not be published or shared without the City's written authorization.

Upon completion or termination of the engagement, the consultant shall return or securely destroy all City-provided data and shall, upon request, certify such destruction in writing.

The consultant acknowledges that the City is subject to the Georgia Open Records Act (O.C.G.A. § 50-18-70 et seq.) and that records related to this procurement and study may be subject to disclosure. The consultant shall cooperate with the City in responding to any records request and shall clearly mark any material it believes to be exempt, recognizing that the City makes the final determination on disclosure.

17. Ownership of Work Product and Deliverables

All reports, data, analyses, GIS files, models, maps, and other work product prepared for the City under this engagement shall be the sole property of the City of Decatur and shall be considered work made for hire. The consultant shall deliver all such work product, including native and editable GIS files, at the conclusion of the project.

The consultant is granted no ownership interest in the deliverables but may retain a copy for its records and may use the general methodology and non-City-specific knowledge gained in the course of its work, provided it does not disclose the City's data or confidential information.

18. Contract and Professional Services Agreement

The successful firm will be required to execute the City's standard Professional Services Agreement. A copy of the City's standard agreement is available upon request and will be attached to the final RFP. Among other terms, the agreement addresses indemnification, insurance, independent-contractor status, compliance with applicable law, ownership of work product, and termination, including termination for convenience by the City upon written notice.

Vendors shall review the City's standard agreement and shall clearly identify in their proposals any requested exceptions to its terms, consistent with the ‘Exceptions to the RFP’ item in the Proposal Requirements section. The City is not obligated to accept any requested exception.

19. Inquiries, Addenda, and Restrictions on Communication

All questions and requests for clarification must be submitted in writing to Toni Washington, Fire Chief, by the deadline stated in this RFP. The City will respond to timely questions by written addendum. Only written addenda issued by the City are binding; oral or informal responses shall not be relied upon.

Addenda will be posted at www.decaturga.com/requestforproposals and provided to firms that have obtained the RFP. Each firm shall acknowledge receipt of all addenda in its proposal.

From the release of this RFP until award, firms and their representatives shall not contact any City official or employee regarding this RFP other than the designated contact. Improper contact intended to influence the selection may result in disqualification.

20. Desired Outcomes

The completed Standards of Cover Study should provide:

A comprehensive evaluation of current service delivery.

Performance benchmarks aligned with nationally recognized standards.

Community-specific response performance goals.

Identification of deployment and coverage gaps.

Staffing recommendations to achieve effective response force objectives.

Data-driven justification for future staffing, apparatus, and facility investments.

Recommendations supporting the City's Destination: 2030 Strategic Plan.

Guidance to help maintain the City's ISO Class 2 rating.

A roadmap for future operational excellence and continuous improvement.

21. Evaluation Criteria

Evaluation Criteria Points Qualifications and Experience 25 Project Understanding 20 Technical Approach 25 Project Team 15

Cost Proposal 10 References 5 Total 100

Proposals will be scored by a selection committee against the criteria above, for a total of one hundred (100) points. The City may shortlist the highest-scoring firms and invite them to an interview or oral presentation before final selection, as reflected in the Project Schedule. The City reserves the right to request clarifications and best and final offers, and to make an award without interviews if it is in the City's best interest. Award is subject to successful contract negotiation and, where required, approval by the City Commission.

ATTACHMENTS AND REQUIRED FORMS

The following forms must be completed, signed, and returned with the proposal. The City Attorney will confirm the final statutory form language prior to release of this RFP.

Attachment A — Cost Proposal Form

Provide the total not-to-exceed price and the task/phase breakdown required by the Cost Proposal Requirements section. List optional services separately.

Total not-to-exceed price (base scope): $____________________

Optional – Accreditation Readiness evaluation: $_

Firm:

Authorized signature:

Date:

Attachment B — References Form

Provide at least three (3) references for comparable Standards of Cover or deployment studies, including organization name, contact person, mailing address, email, and telephone number.

1. Organization:

Contact:

Phone/Email:

2. Organization:

3. Organization:

Attachment C — Contractor Affidavit under O.C.G.A. § 13-10-91 (E-Verify) By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, affirming that it has registered with and participates in the federal work authorization program (E-Verify) to verify the work eligibility of newly hired employees, and that it will continue to do so throughout the contract term.

Federal Work Authorization Program (E-Verify) User Identification Number:

Date of Authorization:

Name of Contractor:

Authorized officer or agent (signature): ________________________________

Title:

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF

______________, 20____.

Notary Public: ________________________

My Commission Expires: __________

Attachment D — Non-Collusion Affidavit The undersigned affirms that this proposal is genuine and not collusive or a sham; that the firm has not colluded, conspired, or agreed with any other firm to fix the proposal price or to refrain from proposing; and that the firm has not sought by collusion to obtain any advantage over any other proposer or over the City.

Authorized signature: ____________________ Date: __________

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF

______________, 20____.

Notary Public: ________________________ My Commission Expires: __________

Attachment E — Equal Employment Opportunity / Non-Discrimination Statement The undersigned certifies that it does not and will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, disability, or any other status protected by applicable law, and that it will comply with all applicable federal, state, and local equal employment opportunity requirements.

Authorized signature:

Attachment F – Sample Professional Services Agreement

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT, entered into as of this _______ day of _______________, ________, by and between Breedlove

Land Planning, (hereinafter referred to as the "Consultant") and the City of Decatur, Georgia (hereinafter referred to as the

"City").

WITNESSETH THAT:

WHEREAS, the City desires to engage the Consultant to render certain technical or professional services hereinafter described in connection with

South Columbia Drive streetscape (hereinafter referred to as the "Project"); and

WHEREAS, the Consultant desires to render such services in connection with the Project.

NOW THEREFORE, in consideration of the premises, and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows:

1. Employment of the Consultant. The City hereby agrees to engage the Consultant and the Consultant hereby agrees to perform the services hereinafter set forth in accordance with the terms and conditions contained herein.

2. Scope of Services. Consultant shall do, perform and carry out in a satisfactory and proper manner, as deter-mined by the City Manager or his/her authorized agent (as used herein the City Manager's "authorized agent" shall mean that person designated by the City Manager in writing to the person executing this contract on behalf of the Consultant), the work and services described in Attachment "A" which is attached hereto and made a part hereof.

3. Time of Performance. The services of the Consultant are to commence no later than seven (7) days after the execution of this contract and shall be undertaken and pursued in such sequence as to assure their expeditious completion and as may be required in Attachment "A". All services required hereunder shall be completed on or before May 31, 2019. Provided, however, that Consultant shall not be responsible for any delays caused by the City, the City’s Consult-ants, or circumstances beyond the Consultant’s control.

4. Compensation and Method of Payment. The Consultant shall be compensated for the work and services to be performed under this contract as set forth in Attachment "A" which is attached hereto and made a part hereof. In no event however, will the total compensation to be paid the Consultant under this contract exceed the sum of $21,000.00 (exclud-ing such costs as printing and reproduction costs, courier costs, travel and similar costs).

5. Progress Payments. Unless otherwise provided in Attachment "A", the Consultant shall be entitled to receive progress payments on the following basis: As of the last day of each calendar month during the existence of this contract, the Consultant shall submit to the City an invoice for payment based on the percentage of completion of the Project through the invoice period. Subject to the City's right to verify the accuracy of the invoice and the satisfactory perfor-mance of the work evidenced thereby, the City will make payments to the Consultant as the work progresses but not more often than once a month. Invoices must cover a period ending with the end of a month and must be received within five

(5) days following the end of the invoice period. The Consultant will be paid an amount which bears the same ratio to the total compensation to be paid to the Consultant under this contract as the work and services actually performed as of the end of the invoice period bear to the total work and services to be performed by the Consultant under this contract, less all previous progress payments made pursuant hereto. Upon completion and acceptance by the City of the work, including the receipt of any final written submission of the Consultant, the City shall pay the Consultant a sum equal to one hundred per cent (100%) of the compensation to be paid under this contract, less the total of all previous payments made.

6. Consultant's Personnel. Consultant represents that it has, or will secure at it’s own expense, all personnel re-quired in performing the services under this contract. Such personnel shall not be employees of the City nor shall such personnel have been employees of the City during any time within the twelve-month period immediately prior to the date of this contract, except with the express prior written consent of the City Manager or his/her authorized agent. Further, Consultant agrees that no such personnel shall be involved in any way with the performance of this contract, without the express prior written approval of the City Manager or his/her authorized agent.

7. Approval of Subcontracts. None of the work or services to be performed under this contract by the Consultant shall be subcontracted without the prior written approval of the City Manager or his/her authorized agent. If such subcon-tracting is authorized as herein provided, all subcontract documents shall be submitted to the City Manager or his/her au-thorized agent, for his/her review and approval prior to the execution of such subcontract. Further, if requested by the

City Manager or his/her authorized agent, for his/her review and approval prior to the execution of such subcontract. Fur-ther, if requested by the City Manager or his/her authorized agent, the Consultant shall provide the City with such docu-mentation as the City Manager shall require, regarding the method the Consultant used in selecting its subconsultant. The

Consultant acknowledges that if the work or services to be performed under this contract is financed solely or partially through Federal funds, the selection of subconsultants is governed by regulations requiring competition between potential subconsultants or adequate justification for sole source selection. The Consultant agrees to abide by such regulations in its selection procedure.

8. Review and Coordination. To insure adequate review and evaluation of the work, and proper coordination among interested parties, the City shall be kept fully informed concerning the progress of the work and services to be per-formed hereunder. The City may require the Consultant to meet with designated officials of the City from time to time to review the work. Reasonable prior notice of such review meeting shall be given the Consultant.

9. Reports. The Consultant shall furnish the City with a monthly narrative progress report, in such form as may be specified by the City Manager or his/her authorized agent, outlining the work accomplished by the Consultant during the month of such report and the current status of the Project, including the percentage of the work which has been com-pleted as of the end of the month of such report. Such report shall be furnished within five (5) days of the end of the month of such report.

10. Inspections. Authorized representatives of the City may at all reasonable times review and inspect the Project activities and data collected pursuant to this contract. All reports, drawings, studies, specifications, estimates, maps and computations prepared by or for the Consultant shall be made available to authorized representative of the City for inspec-tion and review at all reasonable times in the Consultant's office where data is normally accumulated. Approval and ac-ceptance of such material shall not relieve the Consultant of his/her professional obligation to correct, at his/her expense, any errors found in the work.

11. Maintenance of Cost Records. The Consultant shall maintain all books, documents, papers, accounting rec-ords and other evidence pertaining to costs incurred on the Project and shall make such material available at all reasonable times during the period of the contract, and for three years from the date of final payment under the contract, for inspec-tion by the City, and if the work and services to be performed under this contract is wholly or partially funded with Fed-eral funds, the Comptroller General of the United States, or any of their duly authorized representatives. The Consultant shall include the provisions of this paragraph in any subcontract executed in connection with this Project.

12. Data to be Furnished Consultant. All information, data, reports, records and maps which are existing, readily available and reasonably necessary , as determined by the City Manager or his/her authorized agent, for the performance by the Consultant of the work and services required by this contract shall be furnished to the Consultant without charge by the City. The City, its agents and employees, shall fully cooperate with the Consultant in the performance of the Consult-ant’s duties under this contract.

13. Rights in Documents Materials and Data Produced. Consultant agrees that all reports, drawings, studies, specifications, estimates, maps, computations and other data prepared by or for him under the terms of this contract shall be delivered to, become and remain the property of the City upon termination or completion of the work. The City shall have the right to use same without restriction or limitation and without compensation to the Consultant other than that pro-vided for in this contract. For the purposes of this contract, "data" includes writings, sound recordings, or other graphic representations and works of a similar nature. No reports, maps or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the Consultant or its subconsultants. If this contract provides for the development of systems analysis products, models, electronic data processing systems, soft-ware and related services, the methods, material, logic and systems developed under this contract shall be the property of the City, and may be used as the City sees fit including the right to re-use and republish the same without limitation.

14. Publication and Publicity. Articles, papers, bulletins, reports or other material reporting the plans, progress, analysis or results and findings of the work conducted under this contract shall not be presented publicly or published without prior approval of the City Manager or his/her authorized agent. All such reports, information, data, etc., shall be kept confidential by the Consultant and shall not be made available to any individual or organization by the Consultant, until the City Manager or his/her authorized agent authorizes the release of same in writing.

15. Interest of Consultant. The Consultant covenants that neither the Consultant, nor anyone controlled by the

Consultant, controlling the Consultant, or under common control with the Consultant, nor their agents, employees or sub-consultants, presently has an interest, nor shall acquire an interest, direct or indirect, which would conflict in any manner or degree with the performance of its service hereunder, or which would prevent, or tend to prevent, the satisfactory per-formance of the Consultant's service hereunder in an impartial and unbiased manner. The Consultant further covenants that in the performance of this contract no person having any such interest shall be employed by the Consultant as an agent, subconsultant or otherwise. If the Consultant contemplates taking some action which may constitute a violation of this paragraph 16, the Consultant shall request in writing the advice of the City Manager, and if the City Manager shall notify the Consultant in writing that the Consultant's contemplated action will not constitute a violation hereof, then the

Consultant shall be authorized to take such action without being in violation of this paragraph.

16. Interest of Members of the City and Others. No officer, member or employee of the City, and no public offi-cial of any local government which is affected in any way by the Project, who exercises any function or responsibilities in the review or approval of the Project or any component part thereof, shall participate in any decision relating to this con-tract which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly, interested; nor shall any such officer, member or employee of the City, or public official of any local government affected by the Project, have any interest, direct or indirect, in this contract or the proceeds arising therefrom.

17. Officials not to Benefit. No member of or delegate to the Congress of the United States of America, resident

Commissioner or employee of the United States Government, shall be admitted to any share or part of this contract or to any benefit to arise therefrom.

18. Nondiscrimination. The Consultant will not discriminate against any employee or applicant for employment because of race, creed, color, religion, sex, national origin, age or disability. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their gender, race, color, genetic information, religion, national origin, political affiliation, age, handicapped status, sexual orientation, sexual preference, or gender identity and expression. Such action shall include, but not be limited to the following: em-ployment, 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; and, participation in recreational and educational activities.

19. Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify and hold harmless the City, its officers, employees and agents from and against claims, damages, losses and expenses, including but not lim-ited to attorneys' fees, arising out of or resulting from performance of the work herein, but only to the extent caused in whole or in part by acts or omissions of the Consultant, its officers, employees, agents, and anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder, except that this indemnification shall not extend to damages caused by or resulting from the sole negligence or intentional acts or omissions of the indemnity. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Subparagraph. Such obligation shall not be construed to limit or negate the Consultant’s right to seek contribution from any or all joint obligees whose acts or omissions in whole or in part gave rise to the claim, damage, loss or expense indemnified hereunder.

20. Insurance. The Consultant shall not commence work under this contract until all insurance described below has been obtained and such insurance has been approved by the City, nor shall the Consultant allow any subconsultant to commence work on his subcontract until all similar insurance required of the subconsultant has been so obtained and ap-proved by the Consultant. All policies shall be written by insurers licensed to do business in the State of Georgia and ac-ceptable to the City, with a current A.M. Best rating of no less than A-:VII or equivalent. The Consultant and any subcon-sultants must maintain the required insurance coverages for the duration of this agreement. The Consultant shall procure and maintain, at his/her own expense, and shall cause any subconsultants to procure and maintain the minimum insurance coverages listed below.

a. Workers’ Compensation - The Consultant shall procure and shall maintain during the life of this agreement, Statutory

Worker's Compensation Insurance and Employers’ Liability Insurance for all of its employees to be engaged in work on the project under this agreement, and in case any such work is sublet, the Consultant shall require the subconsultant simi-larly to provide Workers’ Compensation Insurance and Employers’ Liability Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Consultant's Workers’

Compensation Insurance and Employers’ Liability Insurance.

b. Comprehensive General Liability - The Consultant shall procure and shall maintain during the life of this agreement, such Comprehensive General Liability Insurance as shall protect it and any subconsultant performing work covered by this agreement from claims for damages for Bodily Injury, including accidental death, as well as from claims for property damages, which may arise from operations under the agreement, whether such operations are by the Consultant or by any subconsultant or by anyone directly or indirectly employed by either of them as well as products/completed operations coverage to protect the work being performed and completed by the Consultant and its subconsultants. The amount of insurance shall not be less than the following:

$2,000,000 General Aggregate

$2,000,000 Products/Completed Operations Aggregate

$1,000,000 Personal and Advertising Injury Limit

$1,000,000 Each Occurrence Limit

c. Errors & Omissions/Professional Liability - The Consultant shall hold the City harmless from any liability arising from acts or omissions of the Consultant’s employees or subconsultants and shall furnish to the City certificates of insurance certifying that the Consultant is carrying errors and omissions/professional liability insurance in amounts not less than the following:

$1,000,000 Each claim

$2,000,000 Annual aggregate

d. Automobile Liability - The Consultant shall procure and maintain during the life of this agreement, Comprehensive

Automobile Liability Insurance in amounts not less than the following:

$1,000,000 Bodily Injury or death to any one person

$1,000,000 Bodily Injury, each occurrence

$1,000,000 Property Damage, each occurrence

The insurance shall include coverage for owned, non-owned and hired vehicles used in the performance of this agreement.

e. Umbrella Policy - The Consultant shall have an umbrella policy in place to provide at least $1,000,000 in additional coverage limits for the work being performed under this agreement or an amount equal to that to be paid for the work be-ing performed under this agreement, whichever is greater.

The umbrella should be placed over the General Liability/Products Liability, Employers Liability and Automobile Liabil-ity.

f. Additional Insured - The Consultant shall name the City as an additional insured and shall provide the City with proof thereof with the certificate of insurance and copy of endorsement that meets the additional insured requirement or specifi-cally lists the City as an additional insured for said work by Consultant.

g. Certificates of Insurance - Certificates acceptable to the City shall be attached to the signed Contract Documents when they are transmitted to the City for execution. These certificates shall contain the statement that “Coverage afforded under the policies will not be canceled unless at least thirty (30) days prior to cancellation written notice has been given to the

City, as evidenced by receipts of Registered or Certified mail.” The Consultant shall not commence work under this con-tract until all insurance described above has been obtained and the City has approved such insurance.

21. Changes. The City may require changes in the work and services which the Consultant is to perform hereun-der. Such changes, including any increase or decrease in the amount of the Consultant's compensation which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written amendments to this contract.

22. Assignability. The Consultant shall not assign, sublet or transfer all or any portion of his/her interest in this

Agreement without the prior written approval of the City Manager or his/her authorized agent.

23. Termination for Convenience. Either party to this contract may terminate said contract at any time by giving written notice to the other party of such termination and specifying the effective date thereof, at least thirty (30) days be-fore the effective date of such termination. In that event, all finished or unfinished documents and other materials pro-duced or collected under this contract (as more fully described in paragraph 14 above) shall, at the option of the City, be-come its property. If this contract is terminated by the City as provided in this paragraph 23, the Consultant will be paid either (a) an amount which bears the same ratio to the total compensation to be paid to the Consultant under this contract as the services actually performed prior to the termination of this contract bear to the total services to be performed by the

Consultant under this contract, less payments of compensation previously made, provided however, that if less than sixty per cent (60%) of the services covered by this contract have been performed by the effective date of such termination, the

Consultant shall be reimbursed (in addition to the foregoing payment) for that portion of the actual out of pocket expenses

(not otherwise reimbursed under this contract) incurred by the Consultant during the contract period, which are directly attributable to the uncompleted portion of the services covered by this contract; or if payment under this contract is on a cost reimbursement basis, (b) the…