RFP _ 34_23_24 AMI.docx

The City of Valdosta, GA

FOR

ADVANCED METERING INFRASTRUCTURE METERS, SOFTWARE, AND SERVICES

(INCLUDING ENDPOINTS)

DUE DATE: JUNE 20, 2024, 11:30AM EST

City Hall 216 E Central Avenue, 2nd Floor Valdosta, Georgia 31601

229-259-3521

NOTICE TO PROPOSERS

1. Any prices offered by proposers on any item or service offered to the City of Valdosta shall be the price effective at the date of delivery.

2. No delivery date of “ASAP” (As Soon As Possible) shall be considered acceptable on items that have a maximum delivery date listed in the specifications.

3. The City of Valdosta reserves the right to accept any or all items where maximum delivery date, as listed in the specifications if not met by proposer.

4. Signature below of authorized agent for proposer shall constitute recognition and acceptance of all conditions of the sale as listed above.

5. Please be aware that private and public mail carriers are not always reliable on next day delivery in our area. Please assure your bid is sent in plenty of time to reach us. As you know, late responses are not acceptable.

Company Name

Authorized Agent

GENERAL SPECIFICATIONS

It is the intent of these specifications and scope of work to furnish the City of Valdosta with the following requisitioned equipment or services, according to the attached. It is clearly understood that the following are minimum specifications and are made in order to show the exact specifications of the equipment or services proposed.

The City of Valdosta reserves the right to accept any or all conditions or to choose the proposer considered to be in their best interest.

The final decision of will be made upon the award of the City of Valdosta Mayor and Council.

NO RFQ WILL BE CONSIDERED IF RECEIVED AFTER THE DATE AND TIME SPECIFIED.

Please put the RFQ No. on the outside of your return envelope.

INSTRUCTIONS TO PROPOSERS

1. Proposals must be enclosed in a sealed plain envelope, with the RFQ number written on the outside and endorsed with the title of the proposal, and must be filed with the Purchasing Agent of the City of Valdosta, located at 216 E. Central Ave., 2nd Floor. In the event you choose to mail your proposal, it should be mailed to Teffany Edwards, P.A., P.O. Box 1125, Valdosta, Ga. 31603.

2. No proposer will be allowed to withdraw his proposal for any reason whatsoever after the RFQ’s have been opened for 120 days.

3. The specifications and scope of work represents the minimum general size, weight, capacity and performance characteristics desired in the equipment or services to be purchased. These requirements are not intended to prevent obtaining fair prices or to eliminate competition, but to insure, if possible, that all proposals submitted shall not be subject to correction or alteration after the RFQ has been filed, opened, and publicly read. In view of an unusual wide disparity in details of design and manufacture, complete descriptive literature and manufacturer’s specifications must be submitted on each type of equipment offered. The City of Valdosta reserves the right to evaluate any or all RFQ’s, particularly where there is a range in specifications. Special consideration will be given to the ready availability of repair parts and service.

4. Federal or State taxes are not applicable to Georgia Municipalities under the United States Code Title 26 and Georgia Exemption Certificate Number 3-465-686-300-1.

5. It is expressly understood by the proposer that written notice of the award or purchase order the City of Valdosta will constitute an agreement and consummate the transaction and will serve together with the proposal, the advertisement, these instructions and the detailed specifications, as the entire form of contract between the parties.

6. The proposer agrees that the City of Valdosta reserves the right to reject any or all proposals, or to accept the part of the RFQ considered to be in the best interest of the City.

7. Specifications and the scope of work referred to are minimum therefore unless otherwise indicated by the proposer, the City will assume proposals meet or exceed all specifications.

8. The names of a certain brand, make or definite specifications are to demote quality standard of the article desired, but do not restrict proposers to the specific brand, make or manufacturer named; it is to set forth and convey to prospective proposers the general style, type, character and quality of the article desired.

9. The City of Valdosta reserves the right to reject all RFQ’s as appears in its own best interest and to waive technicalities.

1. INTRODUCTION

The City of Valdosta is located in South Georgia and is the county seat of Lowndes County. This municipality is located along Interstate 75 approximately 20 miles north of the Florida/Georgia state line and supplies water, waste water, and trash utility services to approximately 57,000 people in the City and surrounding areas. As a regional provider of high quality and dependable water and waste water services to residents and commercial customers, the City of Valdosta desires to service its customers in an efficient and effective manner as possible. Through this RFQ process, the City desires to replace its current endpoints that are in default and replace any meter reading system with an AMI solution to automate the meter reading process with auto remote shut off. The City would also like to use this sourcing process as an opportunity to improve City business functions, customer support services, productivity, and the use of technology in serving its customers. The City of Valdosta is requesting proposals from interested and qualified AMI vendors.

The City of Valdosta is seeking sealed proposals from qualified providers to provide services as explained below. It is anticipated that an agreement for the described services will be entered into with the provider that the City of Valdosta determines, in its sole opinion, to be most advantageous to the City.

Proposals shall be received no later than Thursday, June 20, 2024 11:30AM EST at which time the proposals will be opened and the names of the respondents and number of copies provided will be read aloud. Proposals shall be delivered to:

City of Valdosta Purchasing Division Attn: Teffany Edwards, Purchasing Agent 216 E. Central Ave., 2nd Floor Valdosta, GA 31601 Please submit one (1) original, four (4) copies, and one (1) thumb drive with complete documentation.

SCOPE

The City of Valdosta is requesting sealed Request for Qualifications (RFQ) from interested and qualified firms for Automated Water Metering Infrastructure (AMI), Meter Data Management (MDM) Systems, Meters and Meter Installation.

The City recognizes that a multi-disciplined project team will be required to execute this project and based upon the diverse components that must be purchased, installed, configured, commissioned, and programmed, the City may choose to award multiple contracts to different vendors.

To simplify, vendors may choose to submit a proposal on one element of the overall project. For example, a software company who only develops a MDMS software package may submit a proposal for an MDMS solution only. In issuing this RFQ, the City does not intend to publish detailed technical specifications that addresses every feature and component of the proposed solution. Instead, the City has provided an overview of its performance expectations. This allows interested vendors the flexibility of submitting technologically advanced solutions and components, while allowing for a fair evaluation of all responses.

This RFQ does not commit the City to award a contract to any respondent, to pay for any costs incurred by a respondent in the preparation of RFQ responses, any travel that might be associated with any presentations, or to contract for any of the services referenced herein. Additionally, the City reserves the right to accept or reject any or all proposals received as a result of this RFQ process if it is in the best interest of the City to do so. Respondents may not withdraw responses for a period of (90) ninety days after the opening date. The time period may be extended by mutual agreement of the City of Valdosta and respondent(s).

3) BILLING AND SUPPORT BACKGROUND

The City currently utilizes New World Solutions (A Tyler Technologies Product) as our CIS system. The City also utilizes Hyper Web for some field services work management functions. The customer service division support and billing office is staffed from 8:00AM EST until 4:00PM EST and has 10 full time staff members responsible for the billing, collection, account management, and customer service support functions. The City currently has 10 meter reading and billing cycles. Meters are currently read five days per week and utility bills are produced in batches so that each customer receives one bill monthly. The City has multiple differing rate structures for residential and commercial accounts. The current water meters include manual read, touch read, and remote read. Handhelds are returned to the City nightly and data is uploaded into the billing software.

4) PROJECT DRIVERS

The City is seeking to implement new water meters along with an Advanced Metering Solution to help accurately read meters, recover lost revenue from meters that have reached useful life span, provide usage information to its rate payers, enable leak detections programs, and run advanced metering analytics against the data collected. The solution presented shall exclude the City from any and all maintenance or ownership of any infrastructure or related maintenance responsibilities. The City shall own and maintain the meters only. The infrastructure will be capable of reading, storing, and transfer of meter read data and other information related to the AMI network. The solution will include a Data Management System (MDM) as well as a minimum of (3) three handheld meter interface units. The City must have the Remote Meter Shut-off. Some of the key drivers but not all for the program are:

a) ENHANCED CUSTOMER SERVICE The features offered by Advanced Metering Solutions (AMS) shall provide a functionally rich tool that will enable the City to enhance the service to its customers. It should allow for proactive management tools that will enable the City to provide a more equitable level of service and allow the utility to uncover issues. Customers will have advanced analytics and better information regarding their usage.

b) RECAPTURING LOST REVENUE FROM WATER LOSSES Recent analysis has shown that the City can recover lost revenue by replacing the meters that have reached the end of their useful life. The City expects that through both a replacement of meters and the deployment of AMI technology that it will not only recapture this lost revenue and increase revenue from its water supply operation (which is billed to the customer based on registered consumption) but will also have the tools to proactively control this situation through the features that an AMI solution provides. AMI must be compatible with DIEHL and MASTER OCTAVE meters, and have NICOR connectors to plug into existing operable meters. The City prefers multiple cell carrier sim card in units for a more accurate cell coverage.

c) EQUIP THE CITY FOR FUTURE GROWTH The City has experienced growth in its customer base and a AMI system will enable the City to serve this growth without the additional manpower and infrastructure typically associated with manual read or drive by systems.

6) QUESTIONS

All questions regarding this RFQ should be submitted in writing via email only and within the time limit provided in this RFQ to:

Teffany Edwards, Purchasing Agent tedwards@valdostacity.com Monica Nelson, Utility Service Manager mnelson@valdostacity.com

7) EQUIPMENT, SOFTWARE AND TRAINING REQUIREMENTS

Proposers must provide adequate and sufficient training on all components they might be awarded and figured into proposal pricing. The City desires an Advanced Metering Infrastructure (AMI) solution that will meet current core functions today but also be expandable to future needs of the City. The City has broken the proposal into four (4) main components; Meters, Advanced Metering Equipment, Meter Data Management System and Customer Engagement Portal. Interested Proposers may submit a proposal for any one (1) component or any combination of components. Potential proposers may not submit multiple proposals.

a) METERS

i. Valdosta is seeking to understand vendors mechanical and static meter options. Vendors are asked to propose both meter types if available so the City can make the best meter decision possible.

ii. Please state all AMI systems your meters are compatible with.

iii. If advantageous to the City, the City may desire to purchase meters and AMI devices from separate vendors.

iv. Vendor must provide any relevant cut sheets, data sheets, product specifications, and warranty information on proposed solution.

b.) ENDPOINTS

i. Must be compatible with DIEHL and MASTER OCTAVE meters.

ii. Must have NICOR connectors to plug into existing meters as stated in (i.)

iii. Multiple cell carrier sim card in unit for more reliable cell coverage.

iv. Must be able to withstand a heat index of at minimum 165 degrees Fahrenheit.

c.) ADVANCED METERING EQUIPMENT

i. Vendor must include a propagation study with your proposal so the City can understand the amount of infrastructure required to maintain solution. All meter address locations and water tower locations are included in "Appendix B: Meter & Tower Assets."

ii. Vendor must quote all additional collectors and repeaters required for solution. If the Advanced Metering Infrastructure (AMI) is required to be installed by the Vendor, please make sure your pricing includes all installation. Please note on pricing sheet this requirement.

iii. Vendor must provide all associated yearly fees for associated equipment.

iv. Vendor must disclose the number of utilities currently using their system and the number of end users being serviced by the system.

v. Vendor must indicate the frequency of firmware updates to their system.

vi. Vendor must list all meters that are compatible with their system.

vii. In an effort to eliminate splicing, Vendor must indicate whether an inline connector is available with their system.

viii. Vendor must provide any relevant cut sheets, data sheets, product specifications, and warranty information on proposed solution.

ix. Vendor must provide two (2) Handheld Meter testing/programming units.

d.) Meter Data Management System (MDMS)

i. The City desires a compatible MDMS that will integrate all aspects of utility services, including maintaining accounts (and historical records), interface to meter reading system, interface to an asset work order management system.

ii. Vendor must disclose the number of utility currently using the system and the number of end users being serviced by the system.

iii. The City desires to reduce water loss and implement improvements to reporting via proactive alert functionality. Vendor must describe proactive alert capabilities: how the alerts are sent (email, text, etc.) and for which kinds of incidents alerts can be programmed (broken pipe, etc.).

iv. Vendor must explain in detail its MDMS, provide samples of all standard reports, and disclose all costs associated with ownership.

v. For 3rd party MDMS vendors please list all AMI systems you have previously integrated with and provide reference information for each vendor.

vi. Vendor must provide all associated monthly fees for its software.

vii. If specifying an on premise software solution, Vendor must provide all required software and hardware to operate the solution.

viii. Vendor must describe system's ability to create custom reports and whether or not the City can create its own customer reports.

ix. Vendor must indicate the frequency of software and system updates, and whether there are any additional fees associated with all relevant updates.

x. Vendor must provide any relevant cut sheets, data sheets, product specifications, and warranty information on proposed solution.

e.) CONSUMER ENGAGEMENT PORTAL

i. The City desires a compatible consumer engagement portal that will help its rate payers conserve water and better understand their usage habits.

ii. Vendor must describe all customer alert capabilities for the system, and in what form it sends alerts to customers (email, text, etc.).

iii. Vendor must indicate whether there is a mobile application for the system, and if so, which platforms support the system (Android, Apple, etc.).

iv. For 3rd party Customer Portal vendors please list all AMI systems you have previously integrated with and provide reference information for each vendor.

v. Vendor must indicate whether the system can integrate monthly billing information for each customer.

vi. Vendor must provide all associated yearly fees for associated software.

vii. If specifying an on premise software solution, Vendor must provide all required software and hardware to operate the solution.

viii. Vendor must provide any relevant cut sheets, data sheets, product specifications, and warranty information on proposed solution.

8) PROPOSAL REQUIREMENTS

Responses to this RFQ shall be submitted in a sealed package addressed as noted below, and clearly identifying the vendor making the submission. One original, four (4) copies and an electronic version of material on a flash drive must be submitted. The flash drive should be included in the package in a separate sealed envelope. Vendor is liable for any of the costs incurred in preparing and submitting a proposal. Please note that guaranteed next day delivery is not reliable.

Proposals shall not exceed one hundred fifty (150) pages and all pages shall be numbered. If the proposal exceeds one hundred (150) pages all pages above one hundred (150) will be removed and not evaluated. Respondents must meet the minimum requirements stated herein to qualify for consideration. If these minimum requirements are not met, please do not submit a response since it will be deemed by the City to be non-responsive.

Please review the RFQ fully, complete all responses and submit the package so that it is received no later than Thursday, June 20, 2024, 11:30AM EST. Responses received after this date/time will not be considered. All proposals will be time stamped and dated by the purchasing division staff once it has been delivered to the purchasing division office only. Delivery to other offices at City Hall do not constitute a valid delivery. Vendors are solely responsible for ensuring timely receipt of their responses. Delivery by fax or email is not acceptable.

Deliver all Proposals to:

City of Valdosta Purchasing Division Attn: Teffany Edwards, Purchasing Agent 216 E. Central Ave., 2nd Floor Valdosta, GA 31601

9) PROPOSAL FORMAT

Each proposal should be organized, bound and tabbed as outlined below:

· Section 1: Executive Summary

Provide an overview of respondent Company's staff, financial, and technical qualification and why you think that your Company is best suited to serve the City.

· Section 2: Similar Engagements with Other Governments

Provide general information on your Company, the key staff that will be assigned to this project and similar background information for any deployments that are similar to the size of the City of Valdosta. The City is only interested in latest AMI technology. As such, your response must include the following information for at least three (3) existing deployments which utilize the same technology proposed herein - name of client, number of metered endpoints, date of completion, and information for contact person (name, phone number, email, etc.). References will be checked by the City as part of its evaluation process so failure to include this information in your RFQ response shall result in disqualification from consideration for award.

· Section 3: Specific Approach to Solution You are Proposing

Provide a detailed overview of how your Company's proposed technical solution and how it will address the City's "Performance Criteria". How does the entire system operate? Your response to this section should include diagrams, schematics, data sheets, propagation studies, warranty coverage, and any other relevant technical information necessary to convey the merits of your proposed solution.

· Section 4: Equipment, Software, Infrastructure, and Timeline

Please provide details as to the actual equipment, software, and infrastructure that your company is proposing. Identify aspects as to what section of the project you propose to do. Do you plan to utilize subcontractors for certain aspects of the project?

· Section 5: Cost

Evaluation of the overall cost of the required services you propose to perform for the City. This should include every cost associated with this project including but not limited to insurance, component cost, staff, travel, lodging, and any other cost associate.

Appendix A: Pricing Form

Provide proposer’s completed pricing sheets that show any and all cost associated with the launch of the system components you are competing for.

Complete all forms included in the RFQ and have signed by and authorized company representative.

Provide completed “Exhibit A 1 and 2” signed by authorized company representative.

Complete “Exhibit B” signed by authorized company representative.

Respondent must include a propagation study with your proposal so the City can understand the amount of infrastructure required to maintain solution. All meter address locations and water tower locations are included in Appendix C: Meter and Tower Assets. This appendix will be provided digitally and only upon respondent’s request.

10) EVALUATION PROCEDURES

A. Review of Proposals

Proposals submitted will be evaluated by the City’s Selection Committee, subject to Council approval.

Proposals will be evaluated using the general, technical, and cost criteria as described in this section and reflected in your proposal. Firms meeting the mandatory criteria below will have their proposals evaluated for both technical qualifications and cost as follows:

During the evaluation process, the City’s Selection Committee and the City reserve the right, where it may serve the City's best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions.

The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for qualification, unless clearly and specifically noted in the proposal submitted and confirmed in the contract by and between the City and the respondent selected.

B. Oral Presentations

During the evaluation process, the City may, at its discretion, request any one or all respondents to make oral presentations. Such presentations will provide firms with an opportunity to answer any questions the City may have on a firm's proposal. Not all respondents may be asked to make such oral presentations. The City will not be responsible for any fees or expenses if your firm is selected to present orally.

C. Final Selection

The City will select a company based upon the recommendation of the city manager subject to Council approval.

Prior to the final contract execution, the selected respondent will be required to enter into discussions with the City to resolve any contractual differences. These discussions are to be finalized and all exceptions resolved within ten (10) calendar days of notification, if not, this could lead to rejection of the proposal.

D. Right to Reject Proposals

Submission of a proposal indicates acceptance by the respondent of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the firm selected.

E. The City reserves the right without prejudice to reject any or all proposals, to waive irregularities and technicalities, and to request resubmission. Any proposal, which does not include all the required statements and affirmations called for in this RFQ, will be automatically rejected as not being responsive.

11) SPECIAL TERMS AND CONDITIONS

A. Term of Agreement The term of this Agreement shall be for an initial term of two and one half (2 1/2) years and include two (2), additional two (2) year options. The start of the agreement shall be August 1, 2024 or as soon after as possible and terminate on January 31, 2026. This agreement shall automatically renew for two (2), two (2) year renewal periods (initial contract with renewal periods can run through January 31, 2028) unless 120 days advance written notice is given to the other party prior to the expiration of the current term. Notwithstanding the foregoing, however, the Court or the Company may, at each in its sole discretion and with 120 days prior written notice, terminate this Agreement for any or no reason.

B. Binding Effect This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns until this Agreement expires or is terminated as specified herein, including, but not limited to, any successor governing authority to the governing authority that specifically approved this Agreement pursuant to O.C.G.A. § 42-8-101. The Agreement may not be assigned or transferred by the Company without the express written consent of the City of Valdosta.

C. Insurance

1. Requirement The Company shall procure and maintain in full force and effect for the duration of this Agreement, insurance protecting against claims for injuries to persons or damages to property which may arise from or in connection with performance of the Work hereunder by the Company, its agents, representatives, employees, or subcontractors.

2. Minimum Limits of Insurance The Company shall maintain insurance policies with coverage and limits no less than:

a. General Liability Insurance

(i) Additional Insured Requirement. The City, its elected and appointed officials, officers, boards, commissions, officers, employees, representatives, servants, volunteers and agents (hereinafter referred to as “Insured Party” or “Insured Parties”) are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Company. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Company to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence.

(ii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties.

(iii) Separate Coverage. Coverage shall state that the Company’s insurance shall apply separately to each Insured Party against whom claim is made or suit is brought.

(iv) Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion.

4. Workers' Compensation and Employers Liability Coverage The Company shall have and maintain in full force and effect for the duration of this Agreement, insurance protecting against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Company, its agents, representatives, employees or subcontractors. The insurer shall agree to waive all rights of subrogation against the City, and its officers, officials, employees and volunteers for losses arising from the work performed by the Company for the City.

5. Waiver of Subrogation The insurers shall agree under each policy of insurance required by this Contract to waive all rights of subrogation against the Insured Parties for losses arising from work performed by the City.

Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Owner, in care of the City of Valdosta. The City reserves the right to accept alternate notice terms and provisions provided they meet the minimum requirements under Georgia law.

(ii) Acceptability.

The insurance to be maintained by Company must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurers with a minimum AM Best's Policyholder’s Rating of “A” or better and with a financial rating of Class VIII or greater. All policies shall be subject to approval by the City of Valdosta’s Attorney’s Office as to form and content.

(iii) Failure of Insurers.

The Company shall be responsible for any delay resulting from the failure of any insurer to furnish proof of coverage in the prescribed form.

7. Verification of Coverage The Company shall furnish the City with certificates of insurance and endorsements to the policies evidencing all coverage required by this Contract. Additionally, the declarations page for each insurance policy listed on the certificate of insurance shall be submitted to the City. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates, endorsements and declaration page shall be furnished at or prior to the time the time this Contract is submitted to the City for execution, and must be received and approved by the City before any work commences. The City reserves the right to require complete, certified copies of all required insurance policies at any time. The Company shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage.

8. Subcontractors The Company shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insured.

D. Hold Harmless, Indemnification Provisions and Limitations of Damages.

Subject to the limitations hereinafter set forth, the Company agrees to and shall defend, indemnify and hold harmless the City of Valdosta, its officers, city officers and city employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees, litigation costs and expenses, arising out of the performance of the Services or Additional Services, caused solely by any act or omission actionable at law on the part of the Company, company employees or agents, or any subcontractor of Company. Lack of insurance coverage shall not negate Company’s obligation under this paragraph. If Company is required to indemnify the City of Valdosta hereunder, Company may assume the defense of the City of Valdosta with counsel reasonably acceptable to the City at the expense of Company. In addition, the City of Valdosta may engage its own counsel to participate in any defense in any such proceeding at the City’s expense.

This obligation to indemnify, defend and hold harmless the Indemnified Party and Indemnified Parties shall survive the expiration or termination of this Agreement provided that the claims are based upon or arise out of acts or omissions that occurred during the performance of this Agreement.

E.. Termination

1. For Convenience The City may terminate this Agreement at any time for any reason upon 120 days prior written notice to the Company. The effective date of termination shall be set forth in the notice. As the sole remedy for City’s termination for convenience without cause, the Company shall be paid for any validated services performed under this Agreement up to the time of termination. Company shall not incur new obligations upon receipt of such notice and shall cancel as many outstanding obligations as possible. The Company includes a termination for convenience in all applicable subcontracts entered into pursuant to this Agreement. The Company shall terminate any applicable subcontracts upon receipt of a termination notice to or from the City.

2. For Cause Either party may terminate this Agreement for cause as provided in this Agreement should the other party default in the performance of any of the terms, covenants, obligations, or conditions of this Agreement.

3. Statutory Requirements In compliance with the terms of O.C.G.A. §36-60-13, this Agreement shall be deemed to terminate absolutely and without further obligation on the part of City at the close of January 31, 2026 (“Initial Expiration Date”) and at the close (January 31) of each succeeding year for which it may be renewed, unless earlier terminated as provided in this Agreement, or renewed as provided herein. Notwithstanding this provision, and as permitted by statute, this Agreement will automatically be extended for two consecutive one-year periods beyond the Initial Expiration Date on a year-to-year basis until the expiration of the 2026 term hereof unless either party notifies the other in writing of its intent not to extend this Agreement at least 120 days prior to the date of termination set forth in such notice, or, for any one-year renewal term subsequent to the initial Expiration Date, at least 120 days prior to the expiration of the then-current annual period. Further, this Agreement will terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of the City. This Agreement does not create a debt of the City for the payment of any sum beyond the calendar year of execution or in the event of renewal, beyond the calendar year of such renewal.

F. Severability If any paragraph, section, provision, sentence, clause or portion of this Agreement is determined to be illegal, invalid or unenforceable, such determination shall in no way affect the legality, validity or enforceability of any other paragraph, section, provision, sentence, clause or portion of this Agreement and any such affected portion or provision shall be modified, amended or deleted to the extent possible and permissible to give the fullest effect to the purposes of the parties and to this Agreement, and the parties hereby declare that they would have agreed to the remaining parts of this Agreement if they had known that such provisions or portions hereof would be determined to be illegal, invalid or unenforceable.

G. Waiver No course of dealing between the parties or any delay on the part of a party to exercise any right it may have under this Agreement shall operate as a waiver of any rights hereunder, nor shall any waiver of any prior default operate as a waiver of any subsequent default; and no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated.

H. No Strict Construction The parties hereto have participated jointly in the negotiation and/or drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by City and Company and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.

I. Immigration Compliance Provisions Contractor Company acknowledges that it is responsible for complying with the provisions of the Georgia Security and Immigration Compliance Act of 2006 located at O.C.G.A. §13-10-90 et seq. and Georgia Department of Labor Rule 300-10-1-.02, and additional City of Valdosta practices as follows:

1. That affidavits in the form attached as “Exhibit A-1” be executed from Contractor (and any subcontractors, regardless of tier) and notarized, showing compliance with the requirements of O.C.G.A. § 13-10-91 and that such be made part of the contract and/or subcontracts;

2. That Contractor (and any subcontractors, regardless of tier) fully comply with the requirements for completing and submitting the “Immigration Compliance Certification” in the form attached as “Exhibit A-2 and A-3” and that such certification be received by the City of Valdosta prior to the commencement of any work under this Agreement or subcontract;

3. That the Contractor (or any subcontractor, regardless of tier) notify the City of Valdosta within five (5) business days of entering into a contract or other agreement for hire with any subcontractor(s), regardless of tier;

4. That the Contractor be responsible for obtaining and providing to the City of Valdosta the “Subcontractor Affidavit & Agreement” and “Immigration Compliance Certification” required in the form attached as “Exhibit A-1, A-2, and A-3” from each subcontractor, regardless of tier, employed or retained for work under this Agreement prior to the commencement of any work under the contract or any subcontract;

5. That the City of Valdosta reserves the right to dismiss, or require the dismissal of, any consultant or subcontractor for failing to provide the required affidavit or certification and/or for failure to comply with the statutory requirements of O.C.G.A. §13-10-91 and/or for providing false or misleading information upon the required affidavit(s) or certification(s);

6. That Contractor and/or subcontractor retaining any other subcontractor to perform services under the contract provide legal notice to any subcontractor of the requirements of the City of Valdosta for immigration compliance and further provide notice that the City reserves the right to require the Contractor to dismiss, or require the dismissal of, any consultant or subcontractor for failing to provide the required affidavit or certification and/or for failure to comply with the statutory requirements of O.C.G.A. § 13-10-91 and/or for providing false or misleading information upon the required affidavit(s) or certification(s);

7. That Contractor complete and submit the “Immigration Compliance Certification” form attached as “Exhibit A-3” and that such certification be received by the City prior to the commencement of any work under this Agreement or subcontract and updated at the time any employees assigned to the project are changed;

8. That failure to comply with any of the requirements and procedures of the City (i.e., failure to timely supply required affidavits or compliance certification documents; failure to utilize federal work authorization procedures; failure to permit or facilitate audits or reviews of records by City or State officials upon request; and/or failure to continue to meet any of the statutory or City obligations during the life of the Agreement) shall constitute a material breach of the Agreement and shall entitle the City to require the dismissal of any subcontractor or sub/subcontractor (irrespective of tier) for failing to fully comply with these requirements or entitle the City to terminate this Agreement;

9. That upon notice of a material breach of these provisions, Contractor (or subcontractor, regardless of tier) shall be entitled to cure the breach within ten (10) days and provide evidence of such cure. Should the breach not be cured, the City shall be entitled to all available remedies, including termination of the Agreement, the requirement that a subcontractor be dismissed from performing work under the contract, and any and all damages permissible by law.

J. Performance Guarantee The City of Valdosta has the right to issue a complaint against any of the Company’s staff assigned to the Contract for performance-related issues. The Company must then remedy the performance-related issues(s) within thirty (30) days; otherwise, City Administration will have the option to ask for replacement of the staff member or to cancel the Contract for non-performance.

CONTRACTOR AFFIDAVIT & AGREEMENT

(EXHIBIT A-1)

This affidavit must be signed, notarized and submitted with any bid requiring the performance of physical services. If the affidavit is not submitted at the time of the bid, the bid will be determined non-responsive and will be disqualified.

By executing this affidavit, the undersigned contractor verifies compliance with O.C.G.A. §13-10-91, stating affirmatively that the individual, firm or corporation which is contracting with Valdosta, Georgia, has registered with, is authorized to use, and is participating in a federal work authorization program (an electronic verification of work authorization program operated by the U.S. Department of Homeland Security or any equivalent federal work authorization program operated by the U.S. Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA)). The undersigned contractor further attests that it will continue to use the federal Employment Eligibility Verification (EEV) work authorization program throughout the contract period.

The undersigned further agrees that should it employ or contract with any subcontractor(s) or should its subcontractor(s) employ other subcontractor(s) for the physical performance of services pursuant to the contract with Valdosta, Georgia, the contractor or subcontractor will:

(1) Notify the City within five business days of entering into a contract or agreement for hire with any subcontractor(s);

(2) Secure from any subcontractor(s) and/or their subcontractor(s) verification of compliance with O.C.G.A. § 13-10-91 on the attached Subcontractor Affidavit (EXHIBIT A-1) prior to the commencement of any work under the contract/agreement;

(3) Secure from any subcontractor(s) and/or their subcontractor(s) a completed Immigration Compliance Certification (EXHIBIT A-2) prior to the commencement of any work under the contract/agreement;

(4) Provide the subcontractor(s) with legal notice that Valdosta, Georgia, reserves the right to dismiss, or require the dismissal of, any contractor or subcontractor for failing to provide the affidavit and/or for failure to comply with the requirements referenced in the affidavit;

(5) Maintain records of such compliance and provide a copy of each such verification to Valdosta, Georgia, at the time the subcontractor(s) is retained to perform such services or upon any request from Valdosta County, Georgia; and

(6) Maintain such records for a period of five (5) years.

EEV (E-Verify) Program User ID Number EEV Program Date of Authorization

[Contractor Name]

SWORN AND SUBSCRIBED BEFORE ME

ON THIS THE ____ DAY OF ____________, 202_

Notary Public Commission Expires: _______

SUBCONTRACTOR AFFIDAVIT & AGREEMENT

(EXHIBIT A-2)

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of Valdosta, Georgia, has registered with, is authorized to use, and is participating in a federal work authorization program (an electronic verification of work authorization program operated by the U.S. Department of Homeland Security or any equivalent federal work authorization program operated by the U.S. Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA)). The undersigned contractor further attests that it will continue to use the federal Employment Eligibility Verification (EEV) work authorization program throughout the contract period.

The undersigned further agrees that should it employ or contract with any subcontractor(s) or should its subcontractor(s) employ other subcontractor(s) for the physical performance of services pursuant to the contract with Valdosta, Georgia, the undersigned subcontractor will:

Compliance Certification (EXHIBIT A-2) prior to the commencement of any work under the contract/agreement;

EEV (E-Verify) Program User ID Number EEV Program Date of Authorization

[Subcontractor Name]

SWORN AND SUBSCRIBED BEFORE ME

ON THIS THE ____ DAY OF ____________, 202_

Notary Public Commission Expires: ______

EXHIBIT B

NON-COLLUSION AFFIDAVIT

The following affidavit is to accompany the bid:

Owner, Partner or Officer of Firm Company Name, Address, City and State Being of lawful age, being first duly sworn, on oath says that he/she is the agent authorized by the bidder to submit the attached bid. Affiant further states as bidder, that they have not been a party to any collusion among bidders in restraint of competition by agreement to bid at a fixed price or to refrain from bidding. Affiant also states as bidder, that they have not been a party to any collusion with any officer of the City of Valdosta or any of their employees as to quantity, quality or price in the prospective contract; and that discussions have not taken place between bidders and any office of the City of Valdosta or any of their employees concerning exchange of money or other things of value for special consideration in submitting a sealed bid for:

Subscribed and sworn to before me this ______ day of _____________________, 20____.