2024_0041 Playground Safety Audit _Scope of W.pdf

ATLANTA PUBLIC SCHOOLS

Procurement Services 130 Trinity Avenue, S.W.

4th Floor Atlanta, Georgia 30303

INVITATION FOR BID

For

Playground Safety Audit

February 16, 2024

Solicitation Number: 2024‐0041

Due Date: March 18, 2024

Time Due: 11:00 AM (ET)

NIGP Commodity Code(s): 990‐68

IFB 2024‐0041

ADVERTISEMENT FOR INVITATION TO BID

NOTICE TO BIDDERS

Atlanta Public Schools invites bids for Playground Safety Audit.

If you are unable to download these documents, you may contact the assigned procurement buyer:

Canettra Petty, at (404) 802‐2471 or Canettra.Petty@atlanta.k12.ga.us.

A pre‐bid conference will be held on February 29, 2024, at 10:30 a.m. ET at 1631 LaFrance Street North East, Atlanta, GA 30307, training room 116. Online submittal instructions can be viewed at the following location online: https://aps.bonfirehub.com/opportunities/114444.

Bids shall be submitted online at: https://aps.bonfirehub.com/opportunities/114444. The Office of Procurement Services will only accept bids submitted online. Bid submissions are due by 11:00 a.m. ET on January 5, 2024 (as determined by the time stamp when submitted online).

APS will only accept online submissions for this IFB. Bids can be submitted online at:

https://aps.bonfirehub.com/opportunities/114444. Bids submitted after the bid close date will not be accepted. Note: Any bid submitted in any other format (email, paper, fax, mail, etc.) will not be accepted for any reason.

Please adhere to the dates and times outlined below to ensure proper and timely online submission.

TENTATIVE TIMELINE

02/16/2024 IFB Release

02/29/2024 Pre‐bid conference, 10:30 a.m. ET

03/06/2024 Deadline for written questions, 12:00 p.m. ET

03/12/2024 Response to questions to be posted to the Bonfire website.

03/15/2024 IFB is due in APS Procurement Services by 11:00 a.m. ET.

03/18/2024 Recommendation to the APS Board of Education, if applicable.

1.0 PURPOSE

1.1 Intent: The Atlanta Independent School System (hereinafter, “Atlanta Public Schools” or “APS”) is requesting bids from qualified vendors to provide a Playground Safety Audit.

1.2 In using this method for solicitation, APS seeks the lowest priced, responsive, and responsible bidder meeting specifications and requirements. This is the bidder who submits the lowest price, whose bid meets the specifications, terms, and conditions outlined in the IFB, and who is capable of delivering the products or services specified. Therefore, the lowest responsible bidder will not always be the bidder who has submitted the lowest monetary bid. To be eligible for consideration, a sealed bid response shall be presented on the Bid Form attached (Exhibit B) in accordance with this solicitation's instructions and within the specified timeframe. The selected Bidder shall be responsible for meeting all specifications and guidelines set forth herein. Award of contracts will be made in the best interest of Atlanta Public Schools. No damages shall be recoverable by any challenger due to these determinations or decisions by Atlanta Public Schools.

1.3 Contract Term: The initial term will be one (1) year with four (4) one (1) year renewal options at the discretion of the APS.

Under this solicitation, Bidders shall respond to the services listed below:

A Playground Safety Audit

Exhibit A – Site Location Spreadsheet.

Exhibit B‐ Bid Form (Pricing must consist of location with no installation; necessary to complete the work in accordance with the specifications of this solicitation).

2.0 SPECIFICATIONS

2.1 Services

a. The vendor shall provide playground safety audits for all APS playground equipment, which must be inspected by a licensed and experienced playground safety inspector and documented within the approved audit report.

b. The Vendor must provide a written inspection report for each playground identifying hazards and non‐compliant conditions (Exhibit A)

c. The vendor shall make recommendations for repairs, removal of inappropriate play equipment, protective surfacing, and any realignment of the play areas.

d. The vendor shall provide a recommended layout for playground standardization.

e. The vendor shall assist with budget projections for playground safety improvement by providing cost considerations for returning the playgrounds to a safe condition and life cycle replacement cost.

f. The report must identify whether the audited playground is recommended to be removed and replaced.

g. All completed reports must be submitted weekly to the authorized APS representative with a weekly update regarding progress. The reports should also include photographs of the entire play structure and individual photos of deficiencies found to validate the reported playground conditions.

h. The vendor must provide two (2) hard copies of all reports and one (1) soft copy. The reports must be digital through software‐based reporting.

i. The vendor will customize each location's inspection form and a summary for this project to provide comparison data to prioritize playground improvements by a numeric score for each play area.

j. The vendor shall provide a summary report of standardization recommendations and capital estimation per location to correct all discrepancies.

k. The vendor must make recommendations for each site per the most current ADA standards and requirements.

l. The vendor will submit a prioritized summary of all inspections using the following assessment: Imminent Injury Threat using the priority 1‐5 on the audit form and email a soft copy of priority 1 and 2 issues daily to the authorized APS representative.

m. A local company representative must be available to meet with a designated APS representative at the job site within forty‐eight (48) hours.

n. The vendor must maintain a single point of contract on a 24‐hour basis. An alternate may be assigned with the knowledge and permission of the owner's Representative.

2.2 Experience:

a. Bidders will have, at minimum, three (3) years of experience in the safety inspection of playground safety audit and professional knowledge of the laws and regulatory requirements involved in this type of service.

b. Bidders interested in submitting a Bid to conduct the Scope of Services must have demonstrated experience in the operation and administration of similar projects by providing three (3) projects that best match the scope and desired outcomes for this project. Include a list of not more than three (3) references for these projects.

c. All personnel to be assigned to this must have experience with similar projects and have the requisite background necessary to complete the proposed scope of work.

*All service visits are tracked and subject to inspection by the APS designee.

2.2 Playground Audit Location:

The playground audit must be provided at the locations listed in Exhibit A.

2.3 Warranty of Workmanship and Materials

a. All materials and workmanship shall be completed and accepted by the job. Any defects in materials or workmanship appearing within or up to that time must be repaired or replaced by the vendor at no cost to APS.

b. No payment will be made until an authorized representative of APS makes a final inspection of each job.

2.4 Bids

a. The Vendor shall provide their pricing, including labor, materials, and delivery charges necessary to complete the work in accordance with the specifications of this bid.

b. All Bidders should be informed of the current nature of the facility, labor conditions, and all other matters that may affect the final bid pricing and the Bidder’s capacity to meet required timeframes and overall services as listed under this solicitation.

2.5 Scheduling

a. All work must be scheduled with the Facilities and Operations District Designee.

b. APS standard business hours are 7:00 a.m. to 5:00 p.m. EST unless otherwise indicated.

2.6 Working on an APS Site

a. Vendors must not park vehicles or equipment in such a manner that would block school drivers or bus access points.

b. No work shall be performed in an area where children are present or maybe later in the day unless otherwise indicated herein.

c. All equipment or tools shall not be left unattended.

d. All work areas shall be left clean, and all debris shall be removed daily and upon completion of service.

e. APS is a tobacco‐free environment; tobacco use is prohibited on all APS properties.

2.7 Badges

2.7.1 The Vendor shall instruct all personnel on appropriate safety measures.

2.7.2 The Vendor and personnel are to perform their work not to endanger the safety of APS staff, students, or the public.

2.7.3 The Vendor shall ensure all maintenance personnel are in a uniform that identifies their company and appropriate identification.

2.7.4 All personnel shall be dressed in a manner authorized by the vendor unless otherwise indicated by APS in writing. A uniform that identifies the worker as an employee of the vendor’s workforce shall always be worn during work hours. The uniform should identify the company’s name. Attire not within the standards of APS will not be authorized.

3.0 GENERAL INFORMATION

3.1 All attachments related to this solicitation will be posted on the Bonfire website at:

https://aps.bonfirehub.com/opportunities/114444. The bidder must check the Bonfire website for any addendums, responses to bidder questions, or other communications related to this solicitation.

3.2 Proof of insurance shall be submitted within five (5) business days after receiving a letter of intent to award. The insurance requirements are included in section 5 of the General Terms and Conditions.

3.3 The ACORD certificate of insurance must list Atlanta Public Schools as the additional insured and include the vendor’s name and number.

3.4 The vendor agrees to and shall extend all the same pricing, terms, and conditions bided to Atlanta Public Schools (APS) to all APS‐authorized charter schools through a separate legal agreement with the charter school (with the expectation that payment and coordination of services will be worked out individually between the vendor and the respective charter school). While charter schools are separate legal entities from APS, they do serve APS students and are a part of the APS school district.

4.0 VENDOR REQUIREMENTS

4.1 APS policy requires that all vendors, consultants, or vendors providing services on APS premises be fingerprinted and submitted to a criminal record check initiated by APS before providing services to APS. There is a $45 fee (plus a service fee) for background checks. This may be paid for in advance using our online Background Check Payment Online payment option. Please keep your digital receipt for your records and proof of payment. The payment of this fee is the sole responsibility of the vendor, consultant, vendor, or the employing company. Any contract awarded according to this solicitation is contingent upon compliance with this requirement and a satisfactory background check as determined by APS.

4.2 The vendor must have proven experience providing the goods specified in this bid.

4.3 Vendor must have adequate equipment, qualified personnel, and the financial ability to provide the services specified in this bid.

4.4 Use of Subcontractors

a. If subcontractors are used in the performance of this contract, the vendor must complete and submit the Primary Vendor/Subcontractor Utilization form with its response.

b. The vendor shall not assign any duties to perform services or provide goods to APS under this contract to a subcontractor not listed in the vendor’s response to this solicitation.

c. If a subcontractor is removed from the contract at any time during the term, the vendor must notify APS Procurement Services in writing with the subcontractor’s name, the reason for removal, and the effective date.

d. If the vendor desires to add a subcontractor at any time during the term of the contract, the vendor must submit to APS Procurement Services in writing the following information on the subcontractor; company name, address, telephone and fax number, service they will be providing and proposed effective date. A subcontractor may begin providing service once approved by APS.

e. The vendor is responsible for ensuring that all subcontractors who provide goods or services under this contract comply with the terms and conditions of the contract.

f. The vendor shall give APS immediate written notice of any claim, action, or suit filed against the vendor by any subcontractor.

g. APS reserves the right to require that a subcontractor be removed from the contract.

4.5 Vendor must complete and submit with their bid the applicable documentation related to Georgia House Bill 87 (commonly known as the “Illegal Immigration Reform and Enforcement Act of 2011”).

4.6 Information on Georgia House Bill 87 may be viewed on the APS website at:

http://www.uscis.gov/e‐verify

4.7 Failure to provide the required Georgia House Bill 87 documentation may result in the offeror’s response to the solicitation being deemed non‐responsive and ineligible for evaluation.

4.8 The Atlanta Board of Education desires the Atlanta Public Schools to operate in the most ethical and conscientious manner possible. Employees are expected not only to avoid any direct conflict of interest but also to avoid even the appearance of impropriety. To comply with Board policy and to ensure that our relationship with vendors is above reproach, vendors are prohibited from giving any APS employee any gift, favor, loan, reward, political contribution, gratuity, entertainment, transportation, lodging, or meal except those of nominal value (less than $50.00), which must be disclosed to the immediate supervisor and the Department of Internal Auditing. Advertising items and instructional products that are widely distributed may be accepted. (Refer to Policy GAG and GAJB).

4.9 All vendors and vendors desiring to do business with APS and to participate in APS contracts shall be required to comply with Board policy GAG, Staff Conflict of Interest. All vendors and vendors doing business with the APS shall provide all persons with equal opportunity regardless of race, color, sex, religion, national origin, marital status, sexual orientation, age, or disability.

4.10 Contractor Conduct

4.10.1 The Contractor’s employees are expected to exhibit professional, courteous conduct and an appropriate appearance at all times. Contractor employees must adhere to all APS safety guidelines, including those related to preventing the spread of viruses. Any conduct or appearance deemed inappropriate by an APS representative will be grounds for removal from APS property.

4.10.2 The Contractor’s employees are required to sign into the district’s visitor management system located in the front office of every school and district building. APS badges must be prominently displayed on the contractor employee’s outer garment. Failure to do so constitutes a violation of the district’s security protocol and subjects the employee to immediate removal from the premises and the vendor to potential fines for each violation.

4.10.3 The Contractor employees are to be respectful to faculty, students, and visitors;

these employees are prohibited from fraternizing with these groups. Flirtatious behavior, soliciting monies, names, addresses, and other such inquiries will cause the employee to be removed from the premises.

4.10.4 Also, radios or audible music are not allowed at worksites.

4.10.5 Contractor shall assign the required staff to each location to be serviced.

4.11 Lost/Damaged APS Property

4.11.1 The Contractor shall be responsible for repairing or replacing, to the satisfaction of APS, any damage caused by any willful or negligent act of its employees. The Contractor is also liable for any theft proven to be committed by its employees or made possible by its employees' willful or negligent action.

4.11.2 If APS incurs any costs due to illegal or inappropriate conduct by the Contractor’s employees, the Contractor will reimburse APS for such costs; such costs shall include, but are not limited to the following:

a. Re‐keying or restoring of locks; Service charges levied by security alarm Contractors, law enforcement agencies, or security companies in response to false alarms.

b. Payments to law enforcement agencies or security companies for investigations of conduct that prove an employee’s inappropriate or illegal conduct.

c. Replacement costs of items missing or damaged due to employee’s conduct.

4.11.3 APS reserves the right (in its sole discretion) to remove the Contractor from the site based on the severity of the acts committed by the Contractor’s staff.

4.12 Additional APS Requirements for Working on APS Property

4.12.1 Additional APS Requirements for Working on APS Property. (Facilities/Operations) Standard Facilities and Operations department business hours are 7:00 a.m. EST to 8:30 p.m. EST unless otherwise indicated herein.

4.12.2 No work shall be performed in an area where children are present or maybe later in the day unless otherwise indicated herein.

4.12.3 All equipment or tools shall not be left unattended.

4.12.4 All areas of work shall be left in a clean condition, and all debris shall be removed daily and upon completion of service.

4.12.5 APS is a tobacco‐free environment; tobacco use is prohibited on all APS properties.

5.0 GENERAL TERMS AND CONDITIONS

By submitting a response to this request, the offeror accepts the responsibility of reading, understanding, and abiding by the General Terms and Conditions below:

5.1 INTRODUCTION

To be entitled to consideration, bids shall be submitted online at https://aps.bonfirehub.com/opportunities/114444. The Office of Procurement Services will only accept bids submitted online. Bid submissions are due 11:00 a.m. ET on the date outlined in the solicitation (as determined by the time stamp clock when submitted online).

Bids can be submitted online at: https://aps.bonfirehub.com/opportunities/114444. Bids submitted after the bid close date will not be accepted. Note: Any bid submitted in any other format (email, paper, fax, mail, etc.) will not be accepted for any reason.

5.2 OWNER

The Owner for whom the work will be executed is Atlanta Independent School System (from now on, “APS,” “District,” or the “Board”).

5.3 PURCHASING POLICY

The APS Purchasing Policy, Procedures, and Regulations are incorporated in this solicitation (and, therefore, any contract awarded as the result of this solicitation) by reference. By participating in this solicitation, the Offeror agrees to be bound by the APS Purchasing Policy, Procedures, and Regulations in any issue or action related to this solicitation or subsequent contract resulting from this solicitation.

5.4 ADDENDA

Addendum(s) issued in writing during the solicitation will be incorporated in the subsequent contract. No oral interpretations will be made to Offeror regarding the meaning of solicitation documents. Requests for such arrangements shall be made in writing to the Executive Director of Procurement Services not later than seven (7) days before the time for receiving bids, and failure on the part of the successful vendor to submit a written request for interpretation shall not relieve them of the obligation to execute such work in accordance with a later interpretation by the APS. All interpretations made to the offerors shall be made in the form of an addendum to the solicitation documents and sent to all who have obtained these solicitation documents from the APS Procurement Services. If solicitation documents were obtained via the APS website, review the website for any addendum(s) up until the date and time the bid is due. The offeror’s responsible for checking Bonfire for any addendums, responses to vendor questions, or other communications regarding the solicitation.

5.5 VENDOR ELIGIBILITY AND FORMAL SOLICITATION INFORMATION

5.5.1 Vendor Registration

If the bidder/vendor is awarded a contract under this solicitation to do business with APS, one must first register with the district. The bidder/vendor must complete and submit an application to Procurement Services via an electronic application available at https://b2gnow.gob2g.com/?TN=APS The application process can take 5‐7 business days to complete. Once the application has been processed, the bidder/vendor will be assigned a bidder/vendor number.

Bidders/vendors are responsible for notifying Procurement Services of any company or company contact information changes.

5.5.2 Eligibility

Because APS is committed to awarding contracts to responsible parties, entities listed on the United States Government’s System for Award Management (sam.gov) that have an active exclusion will not be eligible for a contract award.

APS policy requires that all vendors, consultants, or vendors providing services on

APS premises be fingerprinted and submit to a criminal record check initiated by APS prior to providing services to APS. There is a $45 fee (plus a service fee) for background checks. This may be paid in advance using our online payment option:

Background Check Payment Online. Please keep your digital receipt for your records and proof of payment.

The payment of this fee is the sole responsibility of the vendor, consultant, vendor, or the employing company. Any contract awarded pursuant to this solicitation is contingent upon compliance with this requirement and a satisfactory background check as determined by APS.

5.5.3 Formal Solicitations

Under board policy DJEA, a formal solicitation is required for all purchases and contracts that exceed $50,000. All formal solicitations must be conducted by the Procurement Service Department. All contracts with a total value over $100,000 require board approval.

All formal solicitations are advertised on the following:

(1) Bonfire website at https://aps.bonfirehub.com/opportunities/114444.

(2) Georgia Procurement Registry at http://ssl.doas.state.ga.us/PRSapp/PR_login.jsp

Vendors are encouraged to visit the APS website periodically to view outstanding solicitations and register with the Georgia Procurement Registry as a supplier.

5.6 INDEMNIFICATION

The vendor shall indemnify, hold harmless and defend the Board, its agents, servants, and employees from and against all claims, liability, losses, charges, expenses (including attorney fees), and/or cause of action that may arise from any negligent act or omission of the vendor, its agents, servants, or employees in the performance of services under this contract.

The vendor further agrees to indemnify, hold harmless and defend the Board, its agents, servants, and employees from and against any claim, demand, liability loss, charges, expenses (including attorney fees), and or cause of action of whatever kind or nature arising out of any conduct or misconduct of the vendor not included in the paragraph above and for which the board, its agents, servants or employees are alleged to be liable.

Nothing contained herein is intended to be a waiver in any respect whatsoever of the Board’s right to assert under any circumstances whatsoever its claims of governmental and or official immunity from any liability or damages asserted against it by any natural person or entities created by law.

5.7 INSURANCE

Upon receipt of Intent to Award, the vendor shall provide a current certificate of insurance as required within five (5) days after the notification issued by the APS Procurement Services.

5.7.1 The following general insurance requirements apply to all work under this contract by all vendors and subcontractors of any tier.

5.7.1.1 The Vendor shall provide a current certificate of insurance as required within five (5) days after notification issued by the APS Procurement

Services.

5.7.1.2 All insurance required by this Agreement shall be maintained during the entire length of this Agreement, including any extensions thereto, and until all work has been completed to the satisfaction of the APS. All insurance must be on an occurrence basis unless otherwise specified.

5.7.1.3 Policies written on a “claims made” basis (typically, cyber, professional liability, and pollution liability) shall include the following provisions:

5.7.1.4 The retroactive date must be shown on the certificate of insurance.

5.7.1.5 Insurance must be maintained for at least two (2) years after completion of the work and/or Agreement.

5.7.1.6 Coverage is canceled or non‐renewed after the work has been completed and/or the Agreement has ended; the Vendor must purchase the extended reporting period for at least two (2) years.

5.7.1.7 The Vendor or any of its subcontractors shall not commence work under the Agreement until all insurance requirements have been complied with and until evidence of all insurance requirements in each contract with each subcontractor of any tier is provided, and the Vendor shall require the same to comply with all such requirements.

5.7.1.8 APS does not represent that coverage and limits will necessarily be adequate to protect the Vendor. Insurance provided by the Vendor shall not limit the Vendor’s obligation to indemnify and defend APS for claims or suits which result from or relate to the performance of this contract.

5.7.1.9 APS shall be covered as Additional Insured, where applicable, under all insurance required by this Agreement. Confirmation of this shall appear on all certificates of insurance and on all applicable policies. The title of the awarded Agreement shall also appear on all applicable policies.

5.7.1.10 APS shall be given no less than thirty (30) days’ notice of cancellation, material change, or nonrenewal of insurance policies required under this

Agreement.

5.7.1.11 Each and every insurance agent shall warrant when signing the certificate of insurance that she/he is acting as an authorized representative on behalf of the company or companies affording insurance coverage under the Agreement and that the State of Georgia licenses her/him to conduct insurance business in the State of Georgia and that the State of Georgia currently licenses the companies affording insurance coverage and are currently in good standing with the Commissioner of Insurance for the

State of Georgia.

5.7.1.12 All companies providing insurance required by this Agreement shall meet the minimum financial security requirements as set forth below. The rating for each company must be indicated on the certificate of insurance.

For all contracts, regardless of risk, companies providing insurance under this Agreement must have a current:

a) Best’s Rating not less than A‐

b) Best’s Financial Size Category not less than Class VII

5.7.1.13 In the event the Vendor neglects, refuses or fails to provide insurance required by the Agreement, or if such insurance is canceled for any reason, APS shall have the right, but not the duty, to procure the same, and the cost thereof shall be deducted from monies then due or thereafter to become due to the Vendor or APS shall have the right to cancel the

Agreement.

5.7.1.14 All policies shall provide a Waiver of Subrogation in favor of APS.

5.7.2 Worker’s Compensation and Employer’s Liability Insurance

The vendor shall procure and maintain Worker’s Compensation and Employer’s

Liability Insurance in the following limits. Such insurance covers every employee who is or may be engaged in work under this contract.

Workers Compensation:

Statutory limit Employers Liability:

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

$500,000 Bodily Injury by Disease – Each Employee

5.7.3 Comprehensive General Liability Insurance

$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

5.7.4 Automobile Liability Insurance

The Vendor shall procure and maintain Automobile Liability Insurance in an amount not less than $1,000,000 for bodily injury and property damage combined single limit except for remote products or services. The following extensions of coverage shall be provided and indicated on the certificate of insurance.

Owned, hired, leased, and non‐owned vehicles must be covered.

If the Vendor does not own any vehicles in the corporate name, non‐owned vehicle coverage shall apply and must be endorsed on either the Vendor’s personal automobile policy or the Comprehensive General Liability coverage required under this Agreement.

5.7.5 Umbrella Liability Insurance. The Vendor shall procure and maintain Umbrella Liability Insurance in an amount not less than $1,000,000 per occurrence / $2,000,000 aggregate.

5.7.6 Sexual Abuse and Molestation Liability (if applicable).

This is required for all Agreements with services involving youths, children, individuals with special needs, or senior citizens.

The Certificate of Insurance should clearly state that coverage is not excluded from the General Liability policy or that coverage is a stand‐alone policy.

5.7.7 Coverage on an Occurrence Basis is preferred. Coverage on a Claims‐Made basis should provide coverage at least two (2) years beyond the Agreement’s completion.

Minimum Requirements:

$1,000,000 Each Claim/Wrongful Act $2,000,000 General Aggregate

5.7.8 Crime Insurance (if applicable). The Vendor shall obtain crime insurance if the goods or services under the Agreement involve any use, care, custody, or control of any cash, money, securities, and/or wire transfers.

$1,000,000 Employee Dishonesty

$1,000,000 Funds Transfer Fraud

$100,000 Money & Securities

$1,000,000 Computer Crime

$100,000 Social Engineering or its equivalent

5.7.9 Professional Liability Insurance (if applicable). This is required for all professional service contracts. This shall include any consultants, medical, legal, technical, insurance agents, or other professions that require licenses. Insurance shall be maintained at least two (2) years after the completion of the work and/or Agreement.

$1,000,000 Each Claim/Wrongful Act

$2,000,000 General Aggregate

5.7.10 Cyber Liability Insurance. This is required for all software, computer hardware installation, data access, data integrations, data usage, cloud storage, SaaS, and/or technology‐related contracts. Insurance shall be maintained at least two (2) years after the completion of the work and/or Agreement.

$1,000,000 Each Claim/Wrongful Act

$2,000,000 Annual Aggregate

$1,000,000 Business Interruption

$1,000,000 Data Recovery

$500,000 Cyber Extortion Expenses

$50,000 Cyber Extortion/Ransom Payments

Coverage shall include, at a minimum:

• Information Security and Privacy Liability

• Regulatory Fines and Penalties

• Payment Card Industry (PCI)—if credit cards and/or banking information is obtained or accessed.

• Ransomware

5.8 CONTRACT AWARD

Typically, a contract is awarded to the responsible Bidder whose submittal is determined, at the discretion of APS, to be the most advantageous. However, APS reserves the right to refuse to award a contract to any Bidder.

5.9 NON‐DISCRIMINATION

The vendor agrees to not discriminate against any person or persons in employment or refuse to continue the employment of any person or persons because of such person’s or persons’ race, color, religion, gender, national origin, age, veteran status, disability, familial status, or sexual orientation.

5.10 PROTESTS

Written protests relative to the specifications or the solicitation document shall be filed not later than five (5) working days prior to the requested due date. Other written protests shall be filed not later than five (5) working days after the requested due date, or if the written protest is based on subsequent action of the APS, not later than five (5) working days after the aggrieved person knows or should have the knowledge, of the facts giving rise to the protest. Written protests are considered filed when received by the Executive Director of

Procurement Services. Protests that are not filed in a timely manner, as set forth above, will not be considered.

5.11 TAXES

APS is exempt from all state sales tax and federal excise tax. These taxes shall not be included in pricing.

5.12 COMPLIANCE WITH APPLICABLE STATE, FEDERAL, AND LOCAL LAW

At its own expense, the vendor shall obtain all necessary permits, give all notices, pay all license fees and taxes, and comply with all applicable State, Federal, and local laws, ordinances, rules, and regulations. The vendor shall agree that in the performance of the contract, the vendor will comply with all local agreements that the vendor has made with any association, union, or other entity with respect to wages, salaries, and working conditions so as not to cause inconvenience, picketing or work stoppage.

5.13 COMMENCEMENT, EXECUTION, AND COMPLETION

The vendor shall commence work under a contract at the time specified in the purchase order or written notice from the owner and shall execute and complete such work with competence, faithfulness, and energy.

5.14 ASSIGNMENT OF CONTRACT

The vendor shall not assign, transfer, delegate, or in any way give its rights, title, or interest therein, or its power to execute such contract to another person, company, or corporation, without the prior written consent of the Atlanta Public Schools.

5.15 MODIFICATIONS TO CONTRACT ONCE EXECUTED

Terms and conditions may be added, modified, and deleted upon mutual agreement between APS and the vendor, provided that such terms and conditions remain within the scope and original intent of the solicitation. All modifications shall be expressed in writing and approved by the Executive Director of Procurement Services prior to the enactment of such modifications.

5.16 DELIVERY

Prices, bids, and deliveries are to be FOB destination, freight prepaid, and shall require inside delivery unless otherwise specified in the solicitation documents. Title and risk of loss shall be passed to APS upon inspection and acceptance at its designated point of delivery unless otherwise specified in the solicitation documents.

5.17 FISCAL FUNDING

Notwithstanding any other provision of this agreement, the parties hereto agree that the charges hereunder payable to the vendor by APS are funded solely from appropriations received by APS.

In the event such appropriations are determined by the Chief Financial Officer/Comptroller of APS to no longer exist or to be insufficient with respect to the charges payable hereunder, this agreement shall terminate without further obligation of APS at the end of any fiscal period (hereinafter referred to as “Event”). In such an event, the Executive Director of Procurement Services shall certify the occurrence to the vendor.

5.18 PAYMENT

Payment for a single line item or partial service when the item or service has been satisfactorily delivered may be made within thirty (30) days from either the date of delivery or the receipt of a satisfactory invoice in duplicate, whichever occurs last (unless otherwise noted in the documents).

5.19 REPORTS

The vendor shall furnish all reports as requested by the owner.

5.20 TERMINATION

APS reserves the right, at its discretion, to terminate for convenience any contract awarded.

In the event any property or service to be furnished by the offeror under a contract or purchase order should, for any reason, not conform to the requirements for this solicitation, APS may reject the property or service and terminate the contract for default. With specific instructions by the Executive Director of Procurement Services, the vendor shall immediately remove the rejected property and replace it with such property or services conforming to the requirements of this solicitation without expense to the APS.

If the contract is terminated for default, APS may procure such property or services from other sources and shall have the absolute right to deduct from any monies due to the vendor, or that may thereafter become due to the vendor, the difference between the contract price and the actual cost of the property or service to be replaced or substituted. If monies due to the vendor are not sufficient to satisfy the debt, the vendor shall pay any monies due to APS within thirty (30) days of written notice. The price paid by APS in such an event shall be the prevailing market price at the time the substitute purchase is made.

5.20.1 Immediate Termination. This Contract will terminate immediately and absolutely if the district determines that adequate funds are not appropriated or granted, or funds are de‐appropriated such that the district cannot fulfill its obligations under the Contract, which determination is at the District’s sole discretion and shall be conclusive. Further, the District may terminate the Contract for any one or more of the following reasons effective immediately without advance notice:

i. In the event the bidder/vendor is required to be certified or licensed as a condition precedent to providing goods and services, the revocation or 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.

ii. The District determines that the actions, or failure to act, of the bidder/vendor, its agents, employees, or subcontractors have caused, or reasonably could cause, life, health, or safety to be jeopardized.

iii. The bidder/vendor fails to comply with confidentiality laws or provisions;

and/or

iv. The bidder/vendor furnished any statement, representation, or certification in connection with the Contract or the bidder/vendors’ process that is materially false, deceptive, incorrect, or incomplete.

5.20.2 Termination for Cause.

The occurrence of any one or more of the following events shall constitute cause for the District to declare the bidder/vendor in default of its obligations under the

Contract:

i. The bidder/vendor fails to deliver or has delivered nonconforming goods or services or fails to perform, to the District’s satisfaction, any material requirement of the Contract or is in violation of a material provision of the Contract, including, but without limitation, the express warranties made by the bidder/vendor.

ii. The district determines that the satisfactory performance of the Contract is substantially endangered or that a default is likely to occur.

iii. The bidder/vendor fails to make substantial and timely progress toward the performance of the Contract.

iv. The bidder/vendor becomes subject to any bankruptcy or insolvency proceeding under federal law or APS’s Board of Education policy or State law to the extent allowed by applicable federal or county, or state law, including bankruptcy policy; the bidder/vendor terminates or suspends its business; or the District reasonably believes that the bidder/vendor has become insolvent or unable to pay its obligations as they accrue consistent with applicable federal or state law;

v. The bidder/vendor has failed to comply with applicable federal law, APS Board of Education policy, and State laws, rules, ordinances, regulations, and orders when performing within the scope of the Contract.

vi. The bidder/vendor has engaged in conduct that has or may expose the district to liability, as determined in the district’s sole discretion; or

vii. The bidder/vendor has infringed any patent, trademark, copyright, trade dress, or any other intellectual property rights of the district or a third party.

5.20.3 Notice of Default. If there is a default event caused by the bidder/vendor, the

District shall provide written notice to the bidder/vendor requesting that the breach or noncompliance be remedied within the period specified in the District’s written notice to the bidder/vendor. If the breach or noncompliance is not remedied within the period specified in the written notice, the District may:

i. Immediately terminate the Contract without additional written notice;

and/or

ii. Procure substitute goods or services from another source and charge the difference between the Contract and the substitute contract to the defaulting bidder/vendor; and/or,

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

5.20.4 Termination for Convenience. Following thirty (30) days’ written notice, the District may terminate the Contract in whole or in part without the payment of any penalty or incurring any further obligation to the bidder/vendor.

Following termination upon notice, the bidder/vendor shall be entitled to compensation, upon submission of invoices and proper proof of claim, for goods and services provided under the Contract to the District up to and including the date of termination.

5.20.5 Termination Due to Change of Law. The District shall have the right to terminate this Contract without penalty by giving thirty (30) day’s written notice to the bidder/vendor as a result of any of the following:

i. The District’s authorization to operate is withdrawn, or there is a material alteration in the programs administered by the District; and/or

ii. The District’s duties are substantially modified.

5.20.6 Payment Limitation in the event of Termination. In the event of termination of the Contract for any reason by the District, the District shall pay only those amounts, if any, due and owing to the bidder/vendor for goods and services rendered up to and including the date of termination of the Contract and for which the District is obligated to pay pursuant to the Contract or Purchase Instrument. Payment will be made only upon submission of invoices and proper proof of the bidder/vendor’s claim. This provision in no way limits the remedies available to the District under the Contract in the event of termination. The District shall not be liable for any costs incurred by the bidder/vendor in its performance of the Contract, including, but not limited to, startup costs, overhead or other costs associated with the performance of the Contract.

5.20.7 The bidder/vendor’s Termination Duties. Upon receipt of notice of termination or upon request of the District, the bidder/vendor shall:

i. 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 District may require.

ii. Immediately cease using and return to the District any personal property or materials, whether tangible or intangible, provided by the District to the bidder/vendor.

iii. Comply with the District’s instructions for the timely transfer of any active files and work product produced by the bidder/vendor under the Contract.

iv. Cooperate in good faith with the District, its employees, agents, and bidder/vendors during the transition period between the notification of termination and the substitution of any replacement bidder/vendor; and

v. Immediately return to the District any payments made by the District for goods and services that were not delivered or rendered by the bidder/vendor.

5.21 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE REQUIREMENTS

5.21.1 EEO CLAUSE REQUIREMENT

Unless otherwise authorized by law, all contracts and purchase orders entered in APS shall incorporate an equal employment opportunity (“EEO”) clause.

Compliance with this section shall be considered met when the EEO clause is set forth in an exhibit attached to the contract, and appropriate language incorporating the exhibit into the contract is set forth therein.

5.21.2 NOTICE

The EEO clause shall be included as a specification and shall appear on all invitations for bids, requests for proposals, and all other solicitations, contracts, and purchase orders prepared and issued by the Department of Procurement Services.

5.21.3 FEDERAL GUIDELINES ADOPTED

The federal guidelines relating to nondiscrimination in employment by government vendors and subcontractors promulgated by Executive Order No.

11246 of September 29, 1965, as amended by Executive Order No. 11375 of October 13, 1967, sections 202, 203, and 204 of part II of such orders, are hereby entering into contracts with the APS, unless otherwise authorized by law, shall comply with the same.

5.21.4 FAILURE TO INCORPORATE EEO CLAUSE

APS shall have the right to reject any or all bids or proposals and shall not enter a contract or purchase order with any person who fails to comply with the Equal Employment Opportunity Requirements of this section and with the requirements of the section titled Equal Employment Opportunity.

5.21.5 DURING THE PERFORMANCE OF THIS AGREEMENT, SAID VENDOR AGREES AS

FOLLOWS:

i. The vendor shall not discriminate against any employee, or applicant for employment, because of race, religion, color, sex, national origin, marital status, age, or disability. As used here, the words ‘shall not discriminate’ shall mean and include without limitation the following: “Recruited, whether by advertising or other means; compensated, whether in the form of rates of pay, or other forms of compensation; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded;

transferred; laid off and terminated. The vendor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of the EEO clause.

ii. The vendor shall, in all solicitations or advertisements for employees placed by or on behalf of the vendor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, or national origin.

iii. The vendor shall send to each labor union or representative of workers with which the vendor may have a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker’s representative of the vendor’s commitments under the Equal Employment

Opportunity Program of APS and under the policy of its Board of Education shall post copies of the notice in conspicuous places available to employees and applicants for employment. The vendor shall register all workers in the skilled trades who are below the journeyman level with the U.S. Bureau of

Apprenticeship and Training.

iv. The vendor shall furnish all information and reports required by the

Procurement Department and shall permit access to the books, records, and accounts of the vendor during normal business hours by the Procurement

Department for the purpose of investigation to ascertain compliance with the vendor’s duty of non‐discrimination.

v. The vendor shall take such action with respect to any subcontractor as APS may direct them to enforce the provisions of paragraphs (a) through (h) herein, including penalties and sanctions for noncompliance.

vi. The vendor and its subcontractors, if any, shall file compliance reports at reasonable times and intervals with APS in the form and to the extent prescribed by the Procurement Department. Compliance reports filed at such times directed shall contain information on employment practices, policies, programs, and statistics of the vendor and its subcontractors.

vii. The vendor shall include the provisions of paragraphs (a) through (h) of this equal employment opportunity clause in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor.

viii. A finding, as hereinafter provided, that a refusal by the vendor or subcontractor to comply with any portion of this program as herein provided and described may subject the offending party to any or all the following penalties:

a. Withholding from the vendor in violation of all future payments under the involved contract until it is determined that the vendor or subcontractor is following the provisions of the contract.

b. Refusal of all future bids for any contract with the APS or any of its departments or divisions until such time as the vendor or subcontractor demonstrates that have established and there shall be carried out all the applicable provisions of the relevant Federal executive orders and equal employment requirements incorporated herein.

c. Cancellation of the public contract.

d. In a case in which there is a substantial or material violation of the compliance procedure herein set forth, or as may be provided by the contract, appropriate proceedings may be brought to enforce those provisions, including the enjoining, within applicable law, of vendors.

5.21.6 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT

5.21.7 In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating based on race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write to USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250‐ 9410, or call toll‐free (866) 632‐9992. (Voice) Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at

(800) 877‐8339 or (800) 845‐6136 (Spanish). USDA is an equal opportunity provider and employer.

5.21.8 EQUAL OPPORTUNITY

No person or firm shall be discriminated against because of age, race, color, religion, national origin, veteran status, gender, disability, familial status, or sexual orientation in the award of APS contracts. Further, the offeror agrees not to discriminate based on age, race, color, religion, national origin, veteran status, gender, disability, familial status, or sexual orientation in the performance of this contract.

5.21.9 INCLUSIVE PRACTICES

All APS contracts shall be awarded with the objective of upholding Inclusive

Practices in APS’ competitive solicitation process. APS is committed to the participation of Minority/Women‐Owned Business Enterprises (MWBEs) in its contracting programs. An MWBE is a business that is at least 51% owned and controlled by members who are minorities and/or women, the minority/women ownership is real, substantial, and continuing, and the minority/women owners have and exercise the authority to independently control the day‐to‐day business decisions.