RFQ_P 46_019 911 Public Safety Technology Con.pdf

POST OFFICE DRAWER 1435

GAINESVILLE, GA 30503

t: 770.535.8270 | f: 770.531.6711

FINANCIAL SERVICES DIRECTOR

Taylor Samples, CPA

ASSISTANT FINANCE DIRECTOR

Elizabeth White

PURCHASING MANAGER

Andy Penick

Hall County Government

FINANCIAL SERVICES

PURCHASING DIVISION

Request for Qualifications with Price Proposals

RFQ/P #46-019

For the provision of

911 Public Safety Technology Consultant Purpose: Hall County, Georgia, a municipal entity of the State of Georgia, Emergency Management Agency, located at 2875 Browns Bridge Road, Gainesville, GA 30504, is seeking qualified Consultants to provide consultative services for the evaluation, selection, and implementation of a cloud-based computer-aided dispatch (CAD) system for first responders and emergency services and assist in the strategic evaluation, planning, and renewal of interconnected public safety communications systems.

Schedule of Events:

Bid Post Date: Friday, July 18, 2025 Bidder’s Questions Due Date: Friday, August 1, 2025 Response to Bidder Questions: Wednesday, August 6, 2025 Bid Due Date: Thursday, August 14, 2025, 2:00pm EST

Bidding Process: Hall County (herein “County”) is now accepting sealed bid proposals from qualified Consultants (herein “Bidder” or “Consultant”) for consultative services for the evaluation, selection, and implementation of a cloud-based computer-aided dispatch (CAD) system for first responders and emergency services (herein “Services”). The County will accept sealed bids in the Purchasing Division on the fourth (4th) floor of the Hall County Government Center, located at 2875 Browns Bridge Road, Gainesville, GA 30504, Thursday, August 14, 2025, by 2:00pm EST. Late bids may not be evaluated. All bid packets must be sealed and be time and date stamped by the Hall County receptionist located on the 4th floor to be considered.

Term: It is the County’s intention to award one (1) firm for all the Services listed herein, for an initial one (1) year term, followed by four (4) additional renewal options. Renewal options are not guaranteed.

Cost Proposals: Bidder’s cost shall be firm and fixed for the initial contract term.

Questions: Address all questions and communications solely to Andrew Youngblood, Issuing Officer at andrew.youngblood@hallcounty.org for clarifications of these RFQ/P requirements.

Public Reading: Bid openings are open to the public and Bidders.

Bidders are not required to attend but may do so. The Issuing Officer named herein will open and publicly read all bidders’ company names and location on the date, time and address above. Cost will not be read at this time.

Addenda: If needed and in the best interest of the County, the Purchasing Division may make any extension of the bidding period by a formal written addendum and publicly posted on the County website. All addenda must be signed by the Bidder and returned with the bid packet.

Proposal Documents: Bidders may obtain all submittal documents at no cost via the County’s website at https://www.hallcounty.org/Bids.aspx, then click the link for 911 Public Safety Technology Consultant and download all required documents under “Related Documents” at the bottom of the webpage. Any addenda will also be posted at the bottom of the webpage as needed.

Bidders are responsible for checking for addenda. Addenda must be signed and returned along with the bid packet.

Pre-Bid Meeting: An on-site pre-bid meeting is not required for this solicitation, but Bidders may contact the Issuing Officer if an on-site visit is needed.

Request for Clarification: The County reserves the right to request clarification of information submitted though a written Request for Clarification. The County may also request in-person or virtual presentations, interviews, and may choose to enter into negotiations with potential bidders as needed.

Bid Response: The County considers a bid response as an irrevocable offer, good for a period of one hundred and twenty (120) days from submission. The County reserves the right to reject all proposals, in full or part, and to negotiate fees, conditions, or other terms with the respondent submitting the overall best scored proposal. Furthermore, the County may cancel the RFQ/P in its entirety if in the best interest of the County. The County may waive nonmaterial irregularities, informalities, and errors and seek clarification of such.

Legally Binding Agreement: The County and the selected Consultant shall enter into a formal agreement; substantially in the form of the attached Exhibit B – Contract for Services by countersigning the contract with an execution date. Contracts are only valid if they are countersigned by the County’s Chairman of Commission. Bidders must sign the Contract and submit it with their bid response. All questions regarding the Scope of Would must be submitted to the Issuing Officer by close of business Friday, August 1, 2025. If there are no written objections, then the County will take this as an affirmative acceptance of the Scope of Work as it is presented.

EVALUATION METHODOLOGY

Technical Qualifications & Proposal Response: Bidders must answer all questions found on Exhibit G – Mandatory Scored Questions, which are weighted and will be scored by the County’s evaluation committee. The County’s evaluation committee will score and assign point values to the responses. The total maximum points are set at 1,000. The County has assigned an 80%/20% split for scoring points; eight hundred (800) points (80%) available for technical qualifications, and two hundred (200) points (20%) available for the cost proposal. The Bidder with the highest total point scores closest to 1,000 will be the apparent contract award winner.

Unanswered questions will earn a 0-point score. The Bidder’s response should limit answers directly to the questions asked. Each answer will be scored on a scale of twenty-five (25) percentage points:

Poor = 0% Marginal = 25% Adequate = 50% Good = 75% Excellent = 100%

In addition to the space provided on Exhibit G – Mandatory Scored Questions, Bidders may expand their answers to the questions onto separate pages if needed with the question repeated at the top of each page. Bidders may input “see attached” in the space provided next to each question.

Responses to the questions should be clear and concise. Where appropriate, Bidders should show statistical information in a tabular chart format and textual information in bullet form.

Summarize key points at the beginning of each answer. All quantitative material should include complete assumptions and be supported by detailed schedules evidencing all calculations and results.

Please do not submit bound bid responses and provide one-sided documents only. Do not include superfluous marketing brochures nor unnecessary promotional materials. These will not be evaluated. Address each specific question with direct, detailed answers.

Bidder Response:

Technical Qualifications Each Bidder must provide six (6) hard paper copies, with one (1) marked “Original” and five (5) marked “Copy” of their Technical Qualifications response. Submit all six (6) hard paper copies in a sealed envelope(s) separate from the cost proposal.

Cost Proposal Bidders are to also submit one (1) hard paper copy of their Exhibit C – Mandatory Cost Proposal Worksheet.

Combined Digital Response Additionally, Bidders must provide their response on one (1) USB drive with two (2) folders therein, one entitled “Technical Qualifications Response”, containing the technical response, and one (1) entitled “Cost Proposal”. Do not include the cost proposal in the technical response folder as this may cause the proposal to be rejected.

Evaluation and Selection: The County will evaluate all submittals in accordance with the Official Code of Hall County, Georgia 3.10, and as further detailed herein. The County will evaluate proposals using a two-step process. The first is the “Technical Qualifications Proposal” that outlines the bidding firm’s qualifications, experience, and its approach to deliver the services. The second is the “Cost Proposal” whereby the evaluation committee will evaluate the proposed cost for the Services to determine the best value for the County.

Cost Evaluation: This solicitation is heavily focused on a Firm’s qualifications, experience, and capabilities. Therefore, award may not be made solely based on the lowest cost bid. Cost will be given more importance when all the other evaluation criteria are relatively equal.

The County may deem an unreasonably low cost, and the highest cost, as materially unbalanced.

In such cases then the County reserves the right to reject the proposals.

Cost is not the only consideration for award. If, in the County’s sole discretion, qualifications between two (2) or more Bidders are equal, then the County may make an award to the lowest cost Bidder among them. The County will evaluate cost as presented on Exhibit C - Mandatory Cost Proposal Worksheet. The cost is weighted and will be scored by the evaluation committee.

Lower cost will receive a higher score. Any and all fees should be detailed in the response.

Validation: Hall County requires that Bidders provide a cover letter with a signature by an officer of the firm with the submittal to ensure its originality.

Bid Retention: The County reserves the right to retain all proposals submitted and use any idea(s) in a proposal regardless of contract award or not. The County shall have the right to waive any informality or irregularity of immaterial deviation, omissions, and clerical errors in any bid received.

Mandatory Documents: Bidders must complete and return all forms and documents entitled “Mandatory” with the bid proposal. Failure to do so may deem the proposal non-responsive and the County may not evaluate it for award.

Award Process: The County will not make an award of contract solely based on lowest cost bid, but also on approach, references, qualifications, and other subjective criteria as the County may deem necessary and determine at its sole discretion.

Non-Collusion Requirement (Cone-of-Silence): Bidders must not have contact of any nature with other Bidders, County staff members, elected officials, nor County Commissioners during this RFQ/P evaluation process. The County may deem such as collusion, thus rendering the submission in violation of the Official Code of Hall County, and therefore the County may deem the proposal as non-responsible and not evaluate the proposal for an award.

By submitting a proposal, the Bidder represents and warrants that no official or employee of Hall County Government has, in any manner, an interest, directly or indirectly, in the proposal or in the contract which may be made under it, or in any expected profits to arise there from.

Open Records: All documents, communication, and proposals fall under the Georgia Open Records Act and are subject to disclosure to an open records request.

Taxes: Hall County, Georgia, is exempt from State of Georgia Sales and Use Tax. A Certificate of Exemption will be made available upon request to the awarded Consultant.

Bid Bond: A bid bond is not required for this solicitation; however, all Bidders must include in their bid submissions a letter of bondability. The County will only accept surety companies licensed to do business in the State of Georgia.

Performance and Payment Bonds: The awarded Contractor must furnish both a Performance and Payment bond, each equal to one hundred percent (100%) of the total amount of the initial year’s contract award amount. The County will only issue a Notice to Proceed after the bonds are received. The County will only accept surety companies licensed to do business in the State of Georgia. The Contractor must provide all required bonding instruments to the County prior to the commencement of any work. The County will consider any work done prior to the receipt of bonding instruments as null and void and thus not eligible for compensation.

Table of Contents

1.0 Introduction

2.0 Statement of Need

3.0 General Terms and Conditions

4.0 Scope of Work

5.0 Submission of Proposals

6.0 RFQ/P Response Preparation

7.0 Selection Process

8.0 Steps to Award

9.0 Exhibits and Attachments

1.0. INTRODUCTION

The County desires to award one (1) company for the Services and is soliciting submissions for this Request for Qualifications with Price Proposals (herein “RFQ/P”) for the Services.

Bidders must have the following experience to be considered for award:

• Extensive proven experience with cloud-based CAD procurement and implementation.

• Proven track record in technology consulting for public safety agencies.

• Knowledge of 911 systems, NG911 infrastructure, and P25 radio systems.

• Experience integrating CAD with RMS, call handling equipment, GIS and mobile platforms.

• Familiarity with public procurement processes and government contracting.

• Strong understanding of compliance (CJIS, NG911, cybersecurity) precisely in Georgia.

• Strong facilitation, project management, and communication skills.

2.0. STATEMENT OF NEED

The County expects the awarded company to be prompt, attentive, and able to perform the work in a timely and scheduled manner and with all personnel, including subcontractors, to be professional in approach and uniform in production.

In case of default by the awarded Bidder, the County reserves the right to move on to the next highest scoring Bidder to complete the Services. The County will then make a claim against the bid bond of the first awarded Bidder.

3.0 GENERAL TERMS AND CONDITIONS

3.1 The County reserves the right to conduct any review it may deem advisable to assure services conform to the specifications.

3.2 Prospective firms, including all officers, must not be, or have been, barred by any Federal, State, or Local authority.

3.3 A Bidder must not be, or have been, in any legal suit for negligence, willful misconduct, fraud or otherwise malpractice charges.

3.4 A Bidder must be legally able to conduct business in the State of Georgia.

3.5 A Bidder must not have abandoned a project or an engagement or otherwise been terminated for non-performance or subpar performance.

3.6 A Bidder must not be under an enforcement action for related investigation pending by a professional or regulatory group.

4.0 SCOPE OF WORK

The 911 Public Safety Technology Consultant (“Consultant”) will support the planning, evaluation, procurement, and implementation of a cloud-based Computer-Aided Dispatch (CAD) system and assist in the strategic evaluation, planning, and renewal of interconnected public safety communications systems. These may include Next Generation 911 (NG911) infrastructure, radio systems, or any unidentified emerging technologies. The Consultant will provide subject matter expertise to ensure the system provides efficient emergency call handling, dispatching, and inter-agency coordination while maintaining data integrity and compliance with national standards. The Consultant will ensure the technology selections are scalable, secure, interoperable, and compliant with current standards while aligning with Hall County 911 operations and community needs.

Objectives

1. Assess existing 911 technology infrastructure and readiness for cloud-based CAD.

2. Assess and recommend upgrades or replacements for legacy public safety systems (P25 or CPE).

3. Facilitate the acquisition and migration of a secure, scalable cloud-based CAD.

4. Ensure the cloud-based solution supports multi-agency needs.

5. Assist in vendor selection, contract negotiation, and implementation planning.

6. Facilitate interoperability, cybersecurity, and compliance.

7. Ensure full integration across all communications and dispatch technologies.

Responsibilities

1. Needs Assessment and Requirements: Identify existing system’s limitations, critical integration points, and existing infrastructure's readiness for cloud migration.

2. Technology Evaluation:

• Research cloud-based CAD vendors and solutions.

• Conduct vendor analysis.

• Ensure systems meet applicable compliance standards including cybersecurity.

3. Procurement Support:

• Assist in the development of RFP documents, scoring criteria, reviewing proposals/agreements.

• Participate in vendor demonstrations.

• Provide comparative analysis and vendor recommendations.

4. Project Management:

• Assist with the development of a training plan for dispatch and field units.

• Oversee project milestones and final acceptance.

• Provide progress reports and risk assessments.

• Present findings and updates in regularly scheduled project status meetings.

5.0 SUBMISSION OF PROPOSALS

Bidders submitting proposals must disclose their qualifications for the Services to the County in the format set forth below. Failure to provide the requested information may result in the proposal being deemed non-responsive and therefore eliminated from further consideration.

5.1 The County requests that Bidders submit proposals addressing all items listed below.

Failure to include any of these mandatory documents may result in disqualification. All responses must be in hard copy format. Bidders should submit one (1) copy of marked “Original” and Four (4) marked “Copy”. The technical responses and cost proposals must be submitted in separate envelopes/packages: one envelope/package for technical responses, and one envelope/package for cost proposals. Bidders must also load all documents onto one (1) USB flash drive with the technical response and cost proposal separated into two (2) different file folders on the USB flash Drive.

5.2 Bidders must submit their sealed bid response packages with clearly marked with “RFQ/P #46-019 911 Public Safety Technology Consultant” on the outside.

5.3 The awarded Consultant must maintain insurance policies at the Consultant's own expense and must furnish the County with a Certificate of Insurance (COI) providing evidence of coverage at least in the amounts indicated in Exhibit B – Contract for Services. The COI must list County as the certificate holder and as an additional insured under the commercial general, automobile, and umbrella liability policies as follows: “Hall County, Georgia, its Board of Commissioners, officers, employees, servants and agents, 2875 Browns Bridge Rd, Gainesville, GA 30504”.

5.4 It is mandatory that the following documents be completed and included in the bid response. Include in the bid response package two (2) separate, sealed envelopes.

Mark one envelope with “RFQ/P #46-019 911 Public Safety Technology Consultant Technical Response”, and enclose these completed mandatory exhibits:

Exhibit A – Mandatory Bid Response Sheet Exhibit B – Mandatory Contract for Services Exhibit D – Completed W-9 Form Exhibit E – Mandatory E-Verify Affidavit Exhibit F – Mandatory Ethics Affidavit Exhibit G – Mandatory Scored Questions Any Addenda (Signed) Copy of your Business License Certificate of Insurance Copy of Professional Licenses or Certifications

In a separate sealed envelope from above, enclose a completed Exhibit C - Mandatory Proposal Cost Worksheet and clearly mark “RFQ/P #46-019 911 Public Safety Technology Consultant Cost Proposal” on the outside of the envelope.

Do not enclose the Cost Proposal worksheet in the Technical Response envelope. This may render your proposal as non-responsive and thus not evaluated for award.

5.4 Bidders must submit to the following address. All deliveries must be date and timed stamped by the HCGC 4th Floor Receptionist. The County is not responsible for late bids due to mailing delays.

Hall County Government Center Attn: Andrew Youngblood, Issuing Officer Purchasing Division - 4th Floor, 2875 Browns Bridge Road Gainesville, Georgia 30504

6.0. RFQ/P RESPONSE PREPARATION

6.1 The Bidder bears all responsibility for all expenses incurred in responding to this RFQ/P such expenses to be borne exclusively by the proposer.

6.2 The County will not accept Joint Proposals unless otherwise noted herein.

6.3 Cover Letter: Prepare and submit a cover letter for transmittal addressing general qualifications. Provide the following information: Name of Proposer(s), Name and title of the person(s) who will manage the engagement, mailing address, physical address, telephone number(s), and email address(es) of Proposer(s).

6.4 Describe the organization of your firm, the location of offices, and the resources that are available to accomplish the work for the County.

6.5 Of the services listed in the Scope of Work, indicate which one(s), if any, your firm would be unable to provide. If there is another service that your firm could provide instead, please elaborate.

7.0 SELECTION PROCESS

7.1 The evaluation process will include a pre-selected evaluation committee comprised of Hall County stakeholders and subject matter experts. The committee will evaluate the technical qualifications and cost proposals. The highest scoring Bidders may be asked for an interview, further negotiations, demonstrations, or a best and final offer.

7.2 Each proposal should contain the Exhibit C – Mandatory Cost Proposal Worksheet in a separate envelope as provided with the RFQ/P document.

7.3 The evaluation committee will review each proposal with regard to demonstrated breadth of service, experience, financial stability, personnel, rates, references, lead times, and other related criteria.

7.4 The successful Bidder will be required to submit acceptable evidence of compliance with professional liability insurance coverage requirements as outlined in Exhibit B – Contract for Services.

7.5 Bidders are encouraged to submit clear and concise responses. Excessive length or extraneous information is discouraged. In an effort to ensure the County’s ability to evaluate and choose a successful Consultant, Bidders are encouraged to organize their proposal as follows:

Section 1 – Cover letter and executive summary Section 2 – Answer all mandatory scored questions Section 3 – Cost proposals submitted in a separate sealed envelope

7.6 Bidders must locate and complete all exhibits to this RFQ/P and submit with the bid.

Bidders failing to do so may result in the bid to be non-responsive and thus not evaluated. Bidders are also encouraged to check Hall County’s website for addenda, attachments, and other supplemental documents for this RFQ/P during the bidding period.

7.7 If unable to reach an agreement with the highest scoring Bidder, the County retains the right to negotiate with the next highest scoring Bidder and so on until reaching a satisfactory agreement, or the County may terminate the process.

7.8 The County structured the evaluation process to secure highly competitive Bidders who would be most effective in delivering the Services. The primary objective of the evaluation process is to select a firm that:

7.8.1 Clearly demonstrates a thorough understanding of the contract responsibilities;

and,

7.8.2 Presents a compelling work plan that yields the desired contract services and deliverables; and,

7.8.3 Shows adequate resources to handle the project; and,

7.8.4 Presents a focused effort to allocate those resources to the project; and,

7.8.5 Demonstrates exceptional value for the cost of services proposed.

8.0 STEPS TO AWARD

The Evaluation Committee will recommend award of the contract to the highest scoring Bidder.

In the unlikely event of a tie, the County may enter into negotiations of terms and conditions. The County will present to the awarded Bidder a Notice of Award, a Purchase Order, and a Notice to Proceed.

Step 1: The evaluation committee will evaluate the Bidder’s responses according to the criteria as described herein and score and rank the proposals. The County reserves the right to request clarification of information provided and to request additional information required to assist in the evaluation process.

Step 2: The Purchasing Division will then open the cost proposals and the evaluation committee will score the responses. The Purchasing Division will combine these results with the results of scoring. After this scoring, the Purchasing Division will rank the Bidders on bid tabulation summary.

Step 3: The evaluation committee may schedule interviews with the Bidders. All costs associated with the interview (if required) will be at the expense of the proposing Bidder.

Step 4: Based upon the results of the proposals, references, and the interviews, the Purchasing Division along with the evaluation committee may negotiate with the Bidder(s) ranked highest in an attempt to reach agreement. If negotiations with the highest ranked Bidder are unsuccessful, the County may negotiate with the second ranked Bidder, and so on until reaching a satisfactory agreement.

9.0 EXHIBITS AND ATTACHMENTS

Exhibit A – Mandatory Bid Response Sheet Exhibit B – Mandatory Contract for Services Exhibit C – Mandatory Cost Proposal Worksheet Exhibit D – Mandatory W-9 Form Exhibit E – Mandatory E-Verify Affidavit Exhibit F – Mandatory Ethics Affidavit Exhibit G – Mandatory Scored Questions

Hall County Government

FINANCIAL SERVICES

PURCHASING DIVISION

t: 770.535.8270 | f: 770.531.6711

FINANCIAL SERVICES DIRECTOR

Taylor Samples, CPA

ASSISTANT FINANCE DIRECTOR

Elizabeth White

PURCHASING MANAGER

Andy Penick

EXHIBIT A – MANDATORY BID RESPONSE FORM

Bidders must complete and return this form with their bid.

By submitting a proposal, the respondent certifies that they have fully read and understand the proposal’s Scope of Work and requirements needed to complete the project. The services offered and the cost proposal must be valid for at least one-hundred twenty days (120) from date of signature.

Bid No: RFQ #46-019

Bid Name: 911 Public Safety Technology Consultant

Date of Bid Submittal: _____________________

Affirmation: Bidder affirms the following by affixing a wet signature in blue ink below:

“I, the undersigned, agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this bid proposal”.

Company Full Legal Name: ____________________________________

Bidder Signature: ___________________________________________

Print Name: _______________________________________________

Title: _____________________________________________________

Phone Number: ____________________________________________

Email Address: _____________________________________________

Physical Address 1: _________________________________________

Physical Address 2: _________________________________________

City/State/Zip: ______________________________________________

Unsigned bids may be declared as “non-responsive” and may not be evaluated.

If you desire to submit a “No-Bid” then please indicate by checking one or both of the reasons listed below and explain.

______ Bidder does not offer this product/service

______ Unable to meet specifications

______ Unable to meet scheduled timeline

Exhibit B – Contract for Services

STATE OF GEORGIA CONTRACT #46-019

COUNTY OF HALL

Exhibit B – Contract for Services For the provision of

911 Public Safety Technology Consultant

ARTICLE #101 – INTRODUCTION

This Contract for consulting services to provide consultative services for the evaluation, selection, and implementation of a cloud-based computer-aided dispatch (CAD) system for first responders and emergency services and assist in the strategic evaluation, planning, and renewal of interconnected public safety communications systems (hereinafter “Services”) is made and as entered into as of _________________ (execution date) and ______________ (effective date) is by and between Hall County, Georgia, (hereinafter “County”) located at 2875 Browns Bridge Rd, Gainesville, Georgia 30504, and ____________________________________ which is principally located at _______________________________________. (hereinafter “Consultant”).

WHEREAS Consultant is an entity that is legally registered and qualified and holding any such licenses and certifications as may be required to render Services to do business in the State of Georgia. County and Consultant are known individually as a “Party” and collectively as the “Parties”, and, WHEREAS nothing contained in this Contract shall be construed to convert the Consultant or any of its employees, agents, into a partner, employee, or agent of the County, nor shall either Party to this Contract have any authority to bind the other in any respect, and, WHEREAS Consultant represents that it complies with the State of Georgia requirements for corporations and has signified a willingness to provide Services to the County and the County has relied on such representation, and, WHEREAS the Parties mutually desire to enter into this Contract to document the provision of Services by the Consultant to the County in exchange for payment as compensation; and, WHEREAS this Contract will become legally binding upon signature and execution by both Parties; and, WHEREAS any documents, exhibits, attachments, plans, or references are all incorporated herein by reference.

NOW THEREFORE, and in consideration of the mutual promises, terms, conditions, covenants, and agreements made as expressed and contained herein, or attached, incorporated, and made a part hereof, and other good and valuable consideration expressed by a valid offer and acceptance, the receipt and sufficiency of which the Parties hereby acknowledge, the Parties hereto agree as follows:

ARTICLE #102 – CONTRACT

Consultant agrees to provide the Services to the County as detailed in the Scope of Work.

Unapproved work outside the Scope of Work may not be compensated.

ARTICLE #103 – NOTICES

To the extent that either Party to this Contract is required to provide notice(s) to the other Party in compliance herewith, then the Party shall direct notice(s) to the following persons:

COUNTY PROJECT MANAGER COUNTY ISSUING OFFICER

Amanda Letson Andrew Youngblood 911 Director Issuing Officer Hall County Government Hall County Purchasing Division 470 Crescent Dr 2875 Browns Bridge Rd Gainesville, GA 30501 Gainesville, GA 30504 aletson@hallcounty.org andrew.youngblood@hallcounty.org Ph: 770-297-6209 Ph: (770) 531-4940

CONSULTANT’S CONTACT INFORMATION

Contact Names: ____________________________________________________________

Email Addresses: ___________________________________________________________

Phone Numbers: ___________________________________________________________

Company Name: ___________________________________________________________

Physical Address: __________________________________________________________

City/State/ZIP: _____________________________________________________________

REMIT TO ADDRESS (if different): ____________________________________________

ARTICLE #104 – NON-EXCLUSIVE RIGHTS

The Contract is not exclusive. The County reserves the right to select other Consultants to provide the Services similar to those described in this Contract during the term of the Contract should the need arise, or the Consultant fail to perform.

ARTICLE #105 – CONTRACT TERM

The contract term will be for an initial one (1) year ending on June 30, 2026, followed by annual renewal options congruent with the County’s fiscal year until successful implementation of the new cloud-based CAD system. Renewals are not automatic or guaranteed.

ARTICLE #106 – CONTRACT AMENDMENTS AND MODIFICATION

This Contract may only be modified, amended, or changed in writing and fully executed by both Parties hereto. This Contract constitutes the sole and entire Contract and understanding between the Parties as to the subject matter hereof, and no verbal promises have been made by either Party in relation hereto.

ARTICLE #107 – REMEDIES AND CONTRACT PERFORMANCE

In the event that either Party to this Contract breaches this Contract, including failure to meet the timetables set forth herein, the non-breaching Party shall provide a written Notice to Cure to the breaching Party which describes the breach of this Contract. The breaching Party shall have thirty

(30) days from the date of receipt of the written Notice to Cure the breach or to otherwise negotiate a resolution of the breach.

If the breach has not been cured and the Parties hereto have not resolved the issue described in the Notice to Cure by thirty (30) days after receipt of the letter, the Party authoring the letter shall be entitled to seek any and all remedies allowed by Georgia law, including damages, equitable relief, declaratory relief, specific performance, and/or relief as to any bonds issued hereon.

Additional provisions are:

A. Delay or Impossibility of Performance. Any failure or delay must be beyond the reasonable control of and without the fault or negligence of the Consultant. If the Services to be provided to the County are interrupted by a force majeure event, as defined below, the County will be entitled to an equitable adjustment to the fees and other payments due to the Consultant under this Contract. If delay results from a third-party’s negligent conduct or failure to perform, the Consultant shall not be excused from compliance with the terms and obligations of the Contract.

Neither Party shall be held liable or responsible to the other Party nor be deemed to have defaulted under or breached this Contract for failure or delay in fulfilling or performing any obligation under this Contract when such failure or delay is caused by or results from causes beyond the reasonable control of the affected Party including, but not limited to, fire, floods, embargoes, acts of war, civil unrest, insurrections, riots, strikes, lockouts or other labor disturbances, or acts of God; provided, however, that the Party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Either Party shall provide the other Party with prompt written notice of any delay or failure to perform that occurs by reason of force majeure.

Definition: The term “force majeure” as defined in Black’s Law Dictionary is “an event or effect that can be neither anticipated nor controlled. It is a contractual provision allocating the risk of loss if performance becomes impossible or impracticable, especially as a result of an event that the Parties could not have anticipated or controlled.”

B. Obligations Beyond Contract Term. The Contract shall remain in full force and effect to the end of the specified term or until terminated or canceled pursuant to ARTICLE #108 –

TERMINATION PROVISIONS.

C. Transition Cooperation with the County and Cooperation with Other Consultants.

Consultant agrees that upon termination of this Contract for any reason, it shall provide sufficient efforts and reasonable cooperation and assistance to the County to ensure an orderly and efficient transition to the County or an alternative Consultant. Further, if the County has entered into or enters into contracts with other Consultants related to the Services, Consultant agrees to cooperate fully with other such Consultants. Consultant shall not engage in any act that will interfere with the performance of work by any other Consultant(s).

ARTICLE #108 – TERMINATION PROVISIONS

The County may terminate this Contract by providing sixty (60) days written notice to the Consultant at any time. Should the County terminate this Contract prior to the date of automatic termination, the Consultant shall provide the County with all deliverables up to the date of termination thirty (30) days after the Notice to Terminate is issued. The County shall pay the Consultant for all work properly performed in compliance with the terms of this Contract up to the date of termination.

A. Termination for Convenience. Following sixty (60) days’ written notice, the County may terminate the Contract, in whole or in part, for any reason without the payment of any penalty or incurring any further obligation to the Consultant.

B. Termination for Cause. The occurrence of any of the following events shall constitute cause for the County to declare the Consultant in default of its obligations under the Contract:

1. The Consultant fails to deliver or has delivered nonconforming Services or fails to perform, to the County’s satisfaction, any material requirement of the Contract or is in violation of a material provision of the Contract including, but without limitation, the expressed warranties made by the Consultant.

2. The County determines that Consultant’s unsatisfactory performance substantially endangers completion or that default is likely to occur.

3. The Consultant fails to make substantial and timely progress toward performance of the Contract.

4. The Consultant becomes subject to any bankruptcy or insolvency proceeding under federal or state law to the extent allowed by applicable federal or state law including bankruptcy laws, the Consultant terminates or suspends its business, or the County reasonably believes that the Consultant has become insolvent or unable to pay its obligations as they accrue consistent with applicable federal or state law.

5. The Consultant has failed to comply with applicable federal, state, and local laws, rules, County ordinances, regulations, and orders when performing within the scope of the Contract.

6. The Consultant has engaged in conduct that has or may expose the County or the State to liability, as determined in the County’s sole discretion; or a material breach of the terms of the Contract by County upon County’s failure to cure such material breach after written notice thereof has been delivered in accordance with ARTICLE #108.C below constitutes cause for the Consultant to declare that the County is in default of its obligations under the Contract.

C. Notice of Default. If either Party causes any of the default events set out in ARTICLE #108

– TERMINATION PROVISIONS, then either Party shall issue a written Notice of Default to the Party that causes one (1) or more of the default events requesting that the breach or noncompliance be remedied within the period of time specified in the Notice of Default. If the breach or noncompliance is not remedied within the period of time specified in the written notice, the non-breaching Party may:

1. Immediately terminate the Contract for default without additional written notice; and/or,

2. In the event of a breach by the Consultant, the County may procure substitute Services from another source and charge the difference between the Contract and the substitute Contract to the defaulting Consultant; and/or,

3. Enforce the terms and conditions of the Contract and seek any legal or equitable remedies.

D. Termination Due to Non-Availability of Funds. This Contract will terminate immediately and absolutely if the County determines that adequate funds are de-appropriated such that the County cannot fulfill its obligations under the Contract, such determination being at the County's sole discretion and conclusive. County agrees to provide prompt written notice to Consultant in the event of any de-appropriation.

E. Termination due to Failure of Consultant to Act. The County may terminate the Contract for any of the following reasons effective immediately without advance notice:

1. If the Consultant must be certified or licensed as a condition precedent to providing the

Services, the revocation, suspension, or other loss of such license or certification may result in immediate termination of the Contract effective as of the date on which the license or certification is no longer in effect.

2. The County determines that the actions, or failure to act, of the Consultant, its agents, employees, have caused, or reasonably could cause, life, health, or safety to be jeopardized.

3. The Consultant furnished any statement, representation, or certification in connection with the Contract or the bidding process, which is materially false, deceptive, criminal, or maliciously incorrect.

4. Failure of the Consultant to obtain, provide, maintain, and deliver the performance and payment bonds when required under this Contract, or failure to comply with any requirement pertaining to the appropriate amounts thereof as set forth in ARTICLE #123

– PERFORMANCE AND PAYMENT BONDS.

F. Payment Limitation in Event of Termination. In the event of termination of the Contract for any reason by County, the County shall pay only those amounts, if any, due and owing to the Consultant for Services actually received and accepted by the County up to and including the date of termination of the Contract and for which the County is obligated to pay pursuant to the Contract.

G. Consultant’s Termination Duties. Upon receipt of a Notice of Termination, the Consultant shall:

1. Cease work under the Contract and take all necessary or appropriate steps to limit disbursements and minimize costs and furnish a report within thirty (30) days of the date of Notice of Termination describing the status of all work under the Contract including, without limitation, results accomplished, conclusions resulting therefrom, and any other matters the County may require.

2. Immediately cease use and return to the County any personal property or materials, whether tangible or intangible, provided by the County to the Consultant.

3. Comply with the County’s instructions for the timely transfer of any active files and work product produced by the Consultant under the Contract.

4. Cooperate in good faith with the County, its employees, agents, and Consultants during the transition period between the Notification of Termination and the substitution of any replacement Consultant.

5. The Consultant is to immediately return any payments made by the County for goods and services that were not delivered by the Consultant.

H. Liquidated Damages. Reserved.

ARTICLE #109 – NO DEFENSE OR INDEMNIFICATION BY COUNTY

The Parties agree that the County shall not be responsible for defending or indemnifying any Consultant from any claim brought by any third party against the Consultant.

ARTICLE #110 – ASSIGNMENT AND DELEGATION BY CONSULTANT

The Consultant shall not assign or delegate this Contract, or any performance required by it, in whole or in part, without the prior expressed written consent of the County.

ARTICLE #111 – USE OF THIRD PARTIES

This Contract is for the benefit of the Parties hereto only and is not intended to benefit any third party or give rise to any duty or causes of action for any third party. All restrictions, obligations, and responsibilities of the Consultant under the Contract shall also apply to third parties, if allowed in writing by the County. Any Contract with a third-party must also preserve the rights of the County.

ARTICLE #112 – ENTIRE CONTRACT

This Contract, as executed and approved, shall constitute the entire agreement between the Parties and supersedes all other prior and contemporaneous statements, agreements, and understandings between the Parties. No written or oral statements, agreements, or understandings that are not set out, referenced, or specifically incorporated in this Contract shall in any way be binding or of effect between the Parties.

ARTICLE #113 – SEVERABILITY

If any paragraph, sub-paragraph, sentence, clause, phrase, or portion of this Contract is declared invalid or unconstitutional by any Court of competent jurisdiction or if the provisions of any part of this Contract as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the remaining portions of this Contract not so held to be invalid or the application of this Contract to other circumstances not so held to be invalid.

ARTICLE #114 – RECORDS

A. Public Records Request. The Georgia Open Records Act, as provided in O.C.G.A. § 50-18-

70 et seq, requires procurement records and all other records received by or prepared or maintained on behalf of the County shall be made open to public inspection unless otherwise provided by law.

B. Record Retention and Access. The Consultant shall maintain books, records, and documents in accordance with generally accepted accounting principles and procedures and which sufficiently and properly document and calculate all charges billed to the County throughout the term of the Contract for a period of at least five (5) years following the date of final payment or completion of any required audit, whichever is later. Records to be maintained include both financial records and service records.

ARTICLE #115 – ADDITIONAL TERMS AND CONDITIONS

The County shall not be bound by any terms and conditions included in any Consultant’s sales orders, literature, packaging, invoice, catalog, brochure, technical data sheet, on-line representation, warranties or service level agreement, or other document which attempts to impose any condition in variance with or in addition to the terms and conditions contained herein.

ARTICLE #116 – WAIVER

The failure of any Party hereto to seek a remedy for any alleged breach of this Contract shall not constitute a waiver of any claim, cause of action, or remedy allowed by Georgia law for breach thereof.

ARTICLE #117 – CONSULTANT AND COUNTY RIGHTS AND OBLIGATIONS

A. The County has the right at any time to require the Consultant to put an immediate stop to any procedure, or the use of any equipment, chemical, material, personnel, etc. considered by the County to be hazardous or toxic to persons, buildings, or surfaces. The Consultant will utilize acceptable substitutes approved by the County as quickly as possible. In the event of such replacement, Consultant shall (i) notify County of any resulting replacement, (ii) introduce an individual serving as a replacement to County, and/or (iii) provide County with a résumé and any other information regarding an individual that may be reasonably requested by County.

B. The County has the right to require the Consultant to reassign or remove any employee from the premises temporarily or permanently when, in the County’s sole opinion, the employee is not suitable. The County’s decision shall be final, and the Consultant will remove the employee immediately and replace with a person of at least equivalent training, experience, and requisite qualifications as quickly as possible, subject to the County’s approval.

C. Consultant agrees to obtain prior written approval from the County for the use of subcontractors to provide the Services described in Scope of Work prior to subcontractors’ performance of work. Such non-disclosure of subcontractors may result in non-payment for Services.

ARTICLE #118 – INSURANCE REQUIREMENTS

The Consultant must procure and maintain insurance policies at the Consultant's own expense and must furnish the County with a certificate of insurance (COI) providing evidence of proof of coverage at least in the amounts indicated in this subsection. The COI must list “Hall County, Georgia” as the certificate holder and as an additional insured under the commercial general, automobile, and umbrella liability policies as follows: “County of Hall, its Board of Commissioners, officers, employees, servants, and agents, 2875 Browns Bridge Rd, Gainesville, GA, 30504”. The policy must protect the Consultant and the County (as an additional insured) from any claims for bodily injury, property damage, or personal injury covered by the indemnification obligations set forth herein throughout the duration of the Contract. The Consultant must maintain the following insurance coverage during the term of the Contract, in at least the minimum amounts set forth below, to cover all loss and liability for damages or destruction of property caused by or arising from any and all services carried on and any and all work performed by the Consultant pursuant to this Contract:

Workers Compensation Insurance: Required for all contracts.

• $500,000 Bodily Injury by Accident – Each Accident

• $500,000 Bodily Injury by Disease – Each Disease

• $500,000 Bodily Injury by Disease – Each Employee

Additional Provisions: Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against Hall County Board of Commissioners (BOC), its elected or appointed officers, officials, agents, authorized volunteers, and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for Hall County

BOC. This provision applies regardless of whether or not Hall County BOC has received a waiver of subrogation from the insurer.

General Liability Insurance: Required for all service contracts.

• $2,000,000 General Aggregate

• $2,000,000 Products & Completed Operations Aggregate

• $1,000,000 Each Occurrence

• $1,000,000 Personal & Advertising Injury

• $500,000 Damages to Premises/Fire/Legal

• $5,000 Medical Payments

Commercial Auto Liability Insurance: Required for all service contracts, except for goods and/or services that are remote in nature and/or are delivered by a professional delivery service.

• $1,000,000 Combined Single Limit Or $500,000 per Person/$1,000,000 per Occurrence

• $100,000 Property Damage

• $1,000 for Medical Payments (no fault coverage)

Additional Provisions:

• Uninsured motorists’ coverage should be equal to the per occurrence limit except for contracts with other governmental entities.

• Coverage shall be included for any owned, leased, hired, or non-owned autos.

• For any contracts involving the transportation of hazardous materials, limited pollution endorsement ISO form CA9948 or its equivalent shall be on the policy.

Umbrella Liability Insurance: Required for all contracts.

$1,000,000 per Occurrence

Additional Provisions: Required for all contracts.

• Underlying coverage shall be General Liability, Automobile Liability, and Employers

Liability (Workers Compensation).

• Minimum limit of $5,000,000 per occurrence for all contracts over $1,000,000 or involving any special risks or high hazard activities.

• Minimum limit of $5,000,000 for automobile coverage for any transportation contracts involving seniors, special education, transit services, students, or youths.

• Concurrent policy dates with primary liability policies except for workers compensation.

Professional Liability Insurance (Errors & Omissions): Required for all professional service contracts. This shall include any consultants, medical, legal, technical, insurance agents, or other professions that…