26_024 GYM MEMBERSHIP.doc

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26-024 GYM MEMBERSHIP
Solicitation number
PE-67610-NONST-2026-000000093
Issued by
Georgia

About this file

This is a Request for Proposals (RFP) issued by the Houston County School District in Georgia for comprehensive fitness and gym membership services for district employees. The District, which employs approximately 5,000 individuals across 40 schools serving 30,000 students, seeks a local fitness facility capable of providing monthly membership access, diverse group exercise classes, personal training sessions, and additional amenities such as childcare, tanning, massage therapy, and mobile app services. The RFP was released on February 23, 2026, with a proposal submission deadline of March 20, 2026, at 2:00 p.m. Eastern Time. A deadline for written questions was established for March 11, 2026, at 10:00 a.m. EST, with responses posted by March 13, 2026, at 5:00 p.m. EST. Proposals must be delivered to the Houston County Purchasing Department at 200 Jerry Barker Drive, Warner Robins, Georgia 31088. The initial contract term is one year beginning July 1, 2026, with annual renewal options for a maximum of five years or 60 months, contingent on funding, contractor performance, and mutual agreement. The contract will terminate absolutely at the close of each calendar year unless affirmatively renewed by the Board of Education.

Vendors must submit proposals in three separate sealed packages: a technical submission (two hard copies with one marked "Original"), a financial proposal (one hard copy marked "Original"), and a digital copy on USB drive. The evaluation process allocates 377 points for mandatory requirements, 150 points for company background and experience, and 250 points for financial cost, with a total of 777 available points. Pricing should be submitted on the Financial Proposal Form provided, with line items for monthly membership cost per employee, family member upgrades, and additional amenities. Vendors must demonstrate local presence with required information on Houston County gym locations, square footage, capacity, hours of operation, and 24-hour access capabilities. Mandatory requirements include verification of employee employment status, monthly invoicing, equipment inventory details, and maintenance of active membership records. The District reserves the right to reject any or all proposals, cancel the RFP, conduct oral presentations with selected vendors, and negotiate contract modifications with the apparent successful offeror. Insurance requirements include workers' compensation (statutory), general liability of $1,000,000 per occurrence and $2,000,000 aggregate, and automobile liability coverage of $1,000,000 combined single limit.

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HOUSTON COUNTY SCHOOL DISTRICT

REQUEST FOR PROPOSALS

For

Fitness/Gym Services

RFP NUMBER 26-024

For all questions about this RFP contact via email:

L. Renee Langston, CPPB PH. - 478-988-6211 ext. 4 EMAIL – renee.langston@hcbe.net

RELEASED ON:

February 23, 2026

DUE ON:

March 20, 2026; 2:00 P.M. Eastern Time

1.0 INTRODUCTION

1.1 Purpose of Procurement

The Houston County School District (herein after referred to as “District”) is seeking proposals for a local fitness facility that can provide comprehensive quality membership services to participating employees.

1.2 Proposal Certification

The Houston County School District (HCSD) certifies that the use of competitive sealed bidding will not be practical or advantageous to the District in completing the acquisition described in this RFP. Competitive sealed proposals will be submitted in response to this RFP. All proposals submitted pursuant to this request will be made in accordance with the provisions of this RFP.

1.3 Schedule of Events

This Request for Proposals will be governed by the following schedule:

Release of RFP
February 23, 2026
Deadline for written questions Email questions to: renee.langston@hcbe.net
March 11, 2026 at 10 AM EST.
Deadline for question response posted on our webpage
March 13, 2026 at 5 PM EST.
Proposal Due Date
March 20, 2026 at 2 PM EST.

Dates listed above may be amended as appropriate by the Director of Purchasing. Potential Offerors should check the website daily.

1.4 Restrictions on Communications with Staff/Questions All questions about this RFP must be submitted in the following format:

Company Name

1. Question

Citation of relevant section of the RFP

2. Question

Citation of relevant section of the RFP

Questions must be directed in writing via to the Issuing Officer: renee.langston@hcbe.net.

From the issue date of this RFP until a vendor is selected and the selection is announced, Offerors are not allowed to communicate for any reason with any District staff except through the Issuing Officer named herein, or during the Offeror's conference, or as provided by existing work agreement(s). The District reserves the right to reject the proposal of any Offeror violating this provision.

All questions concerning this RFP must be submitted in writing (fax or email may be used) to the Issuing Officer. No questions other than written will be accepted. No response other than written will be binding upon the District. Questions and answers will be posted to the HCSD website by the date listed on the Schedule of Events. Website address is https://www.hcbe.net/purchasing/openbids.

1.5 Definition of Terms

District – Houston County School District HCSD – Houston County School District OCGA – Official Code of Georgia Annotated (State Statute)

Offeror – Respondent to this Request for Proposal Contractor – Respondent to this Request for Proposal Vendor - Respondent to this Request for Proposal

RFP – Request for Proposal 1.6 Contract Term

Code section 20-2-506 of the laws of the State of Georgia as of this date and as may be amended apply to this agreement. In addition to other requirements, the following are specifically enumerated.

a) If it is determined that a contract is established for this project, the initial contract term is one (1) year, or less, from July 1, 2026, with annual renewal options for a maximum of (5) years or (60) months. Notification of non-renewal will be in writing by the Houston County School District. The contract can be extended beyond the 60 months, not to exceed 90 days. This extension will be utilized only to prevent a lapse of contract coverage and only for the time necessary to issue and award a new contract.

b) MULTI-YEAR CONTRACTS - Pursuant to O.C.G.A. 20-2-506, the contract shall terminate absolutely and without further obligation at the close of the calendar year. Renewals shall be based on the calendar year, shall depend upon funding, contractor performance, and agreement by both parties. The contract shall automatically renew, unless positive action is taken by the school system, and shall terminate at the end of the contract period.

1.7 Background

For information on the Houston County School District, visit www.hcbe.net.

1.8 Delivery of Proposals

All proposals must be delivered to the Houston County Purchasing Department, 200 Jerry Barker Dr. Warner Robins, Ga. 31088. HCSD will not be responsible for any proposals delivered incorrectly or not received by the specified date and time.

1.9 Submission Expense The District shall not be liable for any expenses incurred by the Offeror in responding to this RFP. This shall include expenses incurred by the Offeror to conduct site visits or product demonstrations at the District site. No expenses will be reimbursed in any manner by the District.

2.0

MANDATORY REQUIREMENTS

This section identifies all mandatory requirements, which must be addressed in the proposal before further consideration will be given. Each response must reference the item number it is in reference to (i.e., 2.1.a, 2.1.b, etc.)

Sections 2.0.1 through 2.0.4 must be addressed through the provided Mandatory Response Form. See attachment.

Project Objective The Houston County School District has approximately 30,000 students, with 40 schools. We employ approximately 5,000 employees. The District is seeking a local fitness facility within Houston County that can provide comprehensive quality membership services to participating employees. It is the intent to select a vendor that can deliver a full array of high-quality, cost-effective membership services outlined in this Request for Proposal (RFP). Those services are:

2.0.1 Monthly Membership

a) The Gym shall provide monthly membership for School District employees. This is called the “base membership”. Gym membership shall include access to the gym facilities during all regular operating hours.

b) The Gym will be responsible for verifying and documenting member’s employment with Houston County School District.

c) The Gym shall invoice on a monthly basis for gym membership fees.

d) Will the gym offer a discounted membership rate for employee family plans or family members? If so, what percent discount will be offered off of the regular membership rate?

e) Must provide number of Houston County gym locations does company have?

f) Must provide number of Middle Georgia (counties adjacent to Houston) locations does the company have?

g) Must provide the square footage of each location.

h) Must Provide capacity of each location.

i) Must provide address and hours of operation of each location.

j) Does the gym have 24 hour access?

k) Provide the method of entry for 24 hour access: (Key fob, access card, mobile phone, keypad reader, etc.)

l) Must provide a list and describe all of the services included in the base membership.

m) Can the Gym track and maintain active membership information of Employees and eligible family members?

2.0.2 Diverse Group Exercise Classes

a) Are Group Exercise Classes offered?

b) In the proposal, list and describe the various classes included with the base membership.

c) If YES, are group classes part of the base membership?

d) List any restrictions or limitations on the group exercise classes with the base membership.

e) List and describe the various classes. (provide on a separate sheet)

f) Provide a recent monthly schedule as example:

2.0.3 Personal Training Sessions a) Describe the personal training sessions included with the base membership. If included, list the personal training sessions offered to each member. If none, indicate “none” in your response.

b) List any restrictions or limitations on the personal training sessions with the base membership.

2.0.4 Amenities Gym shall list any additional services it can provide to Houston County School District employees, such as:

a) childcare

b) tanning

c) massage therapy

d) mobile app, digital workout content, swimming pool etc.

2.0.5 Equipment

Gym shall list the type, age, brand, and number (total and per location) of all equipment available for customer use.

2.1 Laws and Regulations The vendor shall at all times observe and comply with all laws, ordinances, regulations, and codes of the Federal, State, County, City and other local government agencies that may in any manner affect the performance of this contract. Any vendor found to be in non-compliance may be subject to forfeiture of payment and/or contract termination.

2.1.1 Company Background and Experience

Offeror will describe their background, relevant experience, and qualifications, including, but not limited to the following:

a. Qualifications

Evidence of the Offeror’s qualification to do business in the state where project is located. If applicable, include state license numbers.

b. Company Structure

The Offeror will include in the proposal the legal form of their business organization, the state in which incorporated (if a corporation), the types of business ventures in which the organization is involved and the office location that will be the point of contact during the term of any resulting contract.

c. Experience The Offeror must include in the technical proposal the number of full consecutive years they have been operating under their current business name.

The Offeror will provide a list of at least three clients for whom similar services, as detailed in this RFP, have been provided during the past three years. The list must include:

· dates of service

· name of contact person

· title of contact person

· phone number & email address of contact person The Offeror will also disclose any services terminated by the client(s) and the reason(s) for termination.

2.1.2 Business Litigation

The Offeror will disclose any involvement by the organization or any officer or principal in any material business litigation within the last five (5) years. The disclosure will include an explanation, as well as the status and/or disposition.

3.0

PROPOSAL SUBMISSION AND EVALUATION

3.1 Process for Submitting Proposals

3.1.1 Preparation of Proposal

Each proposal should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete presentation. If supplemental materials are a necessary part of the technical proposal, the Offeror should reference these materials in the technical proposal, identifying the document(s) and citing the appropriate section and page(s) to be reviewed. The Offeror is solely responsible for the cost of responding to this RFP. Reimbursement for cost of preparation of response will not be made.

3.1.2 Packaging of Proposal

The Offeror's proposal in response to this RFP must be divided into three (3) appropriately labeled and sealed packages - a Technical Submission, a Financial Proposal and a digital copy.

The contents of each package will include:

Technical Submission

· Technical Proposal, addressing all requirements in Section 2.0 (Include additional Mandatory Response Form)

· Proposal Certification (Attachment B)

· Immigration and Security Form (Attachment C)

· Certificate Regarding Debarment, Suspension, Ineligibility (Attachment D)

· Contract Exceptions, if any (Attachment E)

DO NOT INCLUDE ANY COST INFORMATION IN YOUR TECHNICAL SUBMISSION.

Must provide the following number of copies: Two (2) hard copies, with one (1) marked “Original” with original signatures.

Financial Proposal

The Offeror must use the Financial Proposal form (Attachment A) and must include all expenses to complete work as specified herein.

Must provide the following number of copies:

One (1) hard copy marked “Original” with original signatures.

Digital Copy

The Offeror must submit digital copy on USB flash drive of the complete proposal including technical submission and financial proposal. The District has the capability of viewing documents submitted in the following format: Microsoft Word, Microsoft Excel, and portable document format file (PDF). If unable to open an electronic file due to a virus or because the file has become corrupted, the response may be considered incomplete and disqualified from further consideration.

In the event of a discrepancy/conflict between a hard copy and the digital version, the digital version will govern.

Outside of package must include the following:

RFP 26-024 Fitness Gym Services Due Date: March 20, 2026, 2:00PM EST 3.1.3 Submission of Proposals

Proposals must be submitted to:

HCSD – Purchasing Dept.

L. Renee Langston, CPPB 200 Jerry Barker Drive

Warner Robins, Georgia 31088

Any proposal received after the due date and time will not be evaluated.

Faxed or Emailed proposals will not be accepted.

3.2 Evaluation Process

The evaluation of proposals received on or before the due date and time will be conducted in the following phases.

3.2.1 Administrative Review The proposals will be reviewed by the Issuing Officer for the following administrative requirements:

1. Submitted by deadline

2. Separately sealed Technical Submission and Financial Proposal

3. All required documents have been submitted

4. Technical Submission does not include any information from the Financial Proposal

5. All documents requiring an original signature have been signed and are included 3.2.2 Mandatory Requirements Review

Proposals, which pass the administrative review, will then be reviewed by the Evaluation Team to ensure all requirements identified in Section 2.0 are addressed satisfactorily.

3.2.3 Proposal Evaluation

Proposals, which pass the Mandatory Requirements Review, will be reviewed by the Evaluation Team for quality and completeness.

The following are the maximum possible points of each category:

Mandatory Requirements:

377 Points

Company Background and Experience:

150 Points

Financial Cost:

250 Points

Total Available Points
777 Points

3.2.4 Oral Presentations The District reserves the right to choose and invite Offerors to present their technical solution to the Evaluation Team. The Financial Proposal must not be discussed during the oral presentation. All Offerors submitting proposals may not be asked to make a presentation.

3.2.5 Financial Proposal Evaluation

Offerors will use only the Financial Proposal Forms provided with the RFP (Attachment A).

3.2.6 Identification of Apparent Successful Offeror

The resulting Financial Proposal scores will be combined with the Technical Proposal score. The Offeror with the highest combined technical and financial score will be identified as the apparent successful Offeror.

The apparent successful Offeror’s proposal will be presented to the Board of Education for approval at a Board meeting, if required by policy. Once approved, an award summary will be posted to the District website. Award is contingent upon available funds and necessary approvals.

3.3 Rejection of Proposals/Cancellation of RFP The District reserves the right to reject any or all proposals, to waive any irregularity or informality in a proposal, and to accept or reject any item or combination of items, when to do so would be to the advantage of the District. It is also within the right of the District to reject proposals that do not contain all elements and information requested in this document. The District reserves the right to cancel this RFP at any time and make no award if it is in the best interest of the HCSD. Award is contingent upon available funds and necessary approvals.

The District will not be liable for any cost/losses incurred by the Offerors throughout this process.

4.0

TERMS AND CONDITIONS

4.1 RFP Amendments The District reserves the right to amend this RFP prior to the proposal due date. All amendments and additional information will be posted promptly to the HCSD Purchasing website, which is located at the following web address: https://www.hcbe.net/purchasing/openbids. Offerors are encouraged to check this website frequently.

4.2 Proposal Withdrawal

A submitted proposal may be withdrawn prior to the due date by a written request to the Issuing Officer. A request to withdraw a proposal must be signed by an authorized individual.

4.3 Sample Contract

The Sample Contract, which the District intends to use with the successful Offeror, is attached to this RFP and identified as Attachment E. Exceptions to the Contract should be identified and submitted with the Offeror's proposal. Proposed exceptions must not conflict with or attempt to preempt mandatory requirements specified in Section 2.0.

Prior to award, the apparent winning Offeror will be required to enter into discussions with the District to resolve any contractual differences before an award is made. These discussions are to be finalized and all exceptions resolved within one (1) week of notification. Failure to resolve contractual differences will lead to rejection of the Offeror's proposal.

The District reserves the right to modify the Contract to be consistent with the successful offer and to negotiate with the successful Offeror other modifications, provided that no such modifications affect the evaluation criteria set forth herein, or give the successful Offeror a competitive advantage.

4.4 Conflict of Interest

If an Offeror has any existing client relationship that involves the Houston County School District, the Offeror must disclose each relationship.

4.5 Compliance with Laws The Contractor will comply with all laws, ordinances, regulations, and codes of the Federal, State, County, City and other local government agencies that may in any manner affect the performance of this contract.

4.6 All merchandise and services shall be subject to inspection after arrival at District site location or completion of work. In the case any items are found to be defective or otherwise not in conformity with specifications or statement of work, the District has the right to reject such items and/or services and return them at Vendor’s expense or require that Vendor return to site, if service is performed on HCSD property, to correct the issue.

4.7 HCSD shall make payment for goods and services within thirty (30) days upon receipt, inspection and acceptance by HCSD personnel and receipt of invoice unless a prior agreement is made. Payment may be made by check or by credit card. If an additional fee will be added to the invoice for use of a VISA credit card, it must be noted on the Financial Proposal. Invoices should be addressed and mailed to Accounts Payable Department, PO BOX 1850, Perry, GA 31069.

4.8 The Vendor shall be responsible for the protection of HCSD premises and property, and will be held liable for any damages caused by the Vendor, Vendor’s employee(s) or Vendor’s agent(s) during the execution of purchase orders or contracts resulting from this RFP.

4.9 A. The Vendor does hereby indemnify and shall hold harmless Houston County School District, it’s Board members, employees, agents, and servants (each of the forgoing being hereafter referred to individually as “Indemnified Party”) against all claims, demands, causes of actions, actions, judgments or other liability including attorney’s fees (other than liability solely the fault of the Indemnified Party) arising out of, resulting from or in connection with the Vendor’s performance or failure to perform this agreement, including but not limited to:

(1) All injuries or death to persons or damage to property, including theft.

(2) Vendor’s failure to perform all obligations owed to the Vendor’s employees including any claim the Vendor’s employees might have or make for privilege, compensation or benefits under any HCSD benefit plan.

(3) Any and all sums that are due and owing to the Internal Revenue Service for withholding FICA, and unemployment or other State and Federal taxes.

B. The Vendor’s obligation to indemnify the Indemnified Party will survive the expiration or termination of this agreement.

4.10

REMEDY FOR NON-PERFORMANCE

Remedy For Non-Performance - In the event that either the vendor or HCSD defaults in the performance of any obligation specified in the contract, the non-defaulting party shall notify the other party in writing and may suspend the contract, in whole or in part, pending remedy of the default. If such default is not remedied within fifteen (15) days from the date of receipt of such notice or if the other party is diligently attempting to cure such default but is unable to cure such default within thirty (30) days from the date of receipt of such notice, then the non-defaulting party shall have the right to terminate the contract immediately by providing written notice of termination to the other party.

4.11

EVIDENCE OF INSURANCE

a) The successful Vendor, at its expense, shall carry and maintain in full force at all times during the term of the contract resulting from this RFP the following insurance:

Coverage Limits of Liability

Workmen’s Compensation
Statutory
General Liability/Property Damage
$1,000,000 each occurrence

$2,000,000 aggregate

Personal Injury
$1,000,000 each occurrence

$2,000,000 aggregate

Automobile Liability
$1,000,000 combined single limit

$2,000,000 aggregate

Bodily Injury
$1,000,000 each occurrence

$2,000,000 aggregate

b) Prior to commencement of performance of this Agreement, Contractor shall furnish to HCSD a certificate of liability insurance evidencing all required coverage in at least the limits required herein, naming the Houston County School District, its elected officials, agents, and employees as additional insured under the Comprehensive General Liability coverage, and providing that no policies may be cancelled without ten (10) days advance written notice to the District. Such certificate shall be issued to: Houston County School District.

c) Said policies shall remain in full force and effect until the expiration of the terms of the contract or until completion of all duties to be performed hereunder by the Contractor, whichever shall occur later.

Attachment A

FINANCIAL PROPOSAL FORM

RFP # 26-024

Fitness/Gym Services Monthly Cost of Fitness/Gym Services as proposed (per employee)

Additional costs, if applicable (itemize):

Total Monthly Cost to School District (per employee)

Discounted monthly rate options available for employees To “Upgrade” membership (per employee):

a) For additional qualified family members:

b) Additional costs for services such as childcare, tanning, massage therapy, mobile app or any other amenities (itemize):

Do you accept VISA as a method of payment for the services proposed? _______________

If yes and you charge a fee for acceptance, what is the fee?

SUBMITTED BY_________________________________________ DATE ___________________

PRINTED NAME _________________________________________________________________

TITLE___________________________________________________________________________

COMPANY NAME________________________________________________________________

COMPANY ADDRESS ____________________________________________________________

PHONE ______________________________ FAX ______________________________________

EMAIL ADDRESS ________________________________________________________________

WEB ADDRESS __________________________________________________________________

SIGNATURE _____________________________________________________________________

Attachment B Must be included with the proposal

PROPOSAL CERTIFICATION

I certify that I have read and understand the terms and conditions herein except as stated below. I further state that I am and/or my company is capable, able to, and will provide the requested products and/or service described herein. I am the owner or agent of the company stated below and am authorized and empowered to contract. By my signature on this RFP, I/we guarantee and certify that all items included in my proposal meet or exceed specifications.

I certify that this quotation is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a quotation for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the quotation and certify that I am authorized to sign this quotation for the Vendor.

I certify and acknowledge that the laws of the State of Georgia, including the Georgia Open Records Act, require procurement records and other records to be made public unless otherwise provided by law.

By signing below I warrant that the proposal price(s), terms and conditions stated in my response to this proposal shall be firm through the solicitation process and until the time the award is made at which time prices shall remain firm and fixed for the entire contract period.

SUBMITTED BY____________________________________ DATE _______________

TITLE________________________________EMAIL: ____________________________

COMPANY NAME________________________________________________________

ADDRESS___________________________CITY______________ST_____ZIP_______

TELEPHONE NUMBER____________________FAX NUMBER___________________

COMPANY WEBSITE _________________________

SIGNATURE _____________________________________________________________

Attachment C Must be included with this proposal

Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1)

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of Houston County School District has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number

Date of Authorization

Name of Contractor

Name of Project

Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on ______, ___, 20___ in ____________________(city), ______(state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE ______ DAY OF ______________,20___.

NOTARY PUBLIC

My Commission Expires:_________________________________

Attachment D Must be included with the proposal

Certificate Regarding Debarment, Suspension, Ineligibility

The Houston County School District is a recipient of Federal monies. As such we require that participating vendors not be debarred, suspended, ineligible or excluded from doing business with the Federal government or any agency thereof.

The prospective participant certifies, by submission of the proposal, that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or excluded from participation in this transaction by any Federal department or agency.

Organization Name

Name(s) and Title(s) of Authorized Representative(s)

Signature(s) Date

Attachment E

DISTRICT STANDARD CONTRACT

SAMPLE CONTRACT

CONTRACT

This writing shall constitute the entire agreement between the Houston County School District, and _(VENDOR)_________________________________.

AGREEMENT: AGREEMENT: The Houston County School District agrees to the services provided by (VENDOR)_as listed herein and as modified from time to time. This agreement supersedes any purchase order issued in the course of executing this agreement. (VENDOR)_ agrees to provide the services and equipment listed herein in accordance with the terms and conditions herein and certifies that such services and equipment is as proposed in Houston County School District RFP #26-024. This agreement may be modified only by written agreement and not by course of performance. This agreement becomes effective on ______ or on the day it is signed by all parties, whichever is later and will continue as indicated below.

DEFINITIONS: The meanings of the words below as used herein are defined as follows.

A. "District” as used herein means the Houston County School District, a political sub-division of the State of Georgia.

B. “Vendor or Contractor” as used herein means the company that will be awarded the contract.

LAW: The laws of the State of Georgia shall prevail in all matters concerning this contract.

TERM: Code section 20-2-506 of the laws of the State of Georgia as of this date and as may be amended apply to this agreement. In addition to other requirements, the following are specifically enumerated.

A. This contract will terminate absolutely and without further obligation on the part of the School District at the close of each calendar year. Unless the Board votes to cancel or non-renew, the contract will automatically renew at the end of each calendar year for a successive calendar year. The total contract periods shall not exceed 60 months ending ____________, except as provided herein.

B. This contract may be extended for no more than 3 months immediately following the expiring contract year.

TERMINATION:

A. The Houston County School District may terminate this contract in accordance with O.C.G.A. 20-2-506.

B. The Houston County School District may terminate this contract for non-performance of Contractor in any material respect and at the close of each calendar year by giving not less than 60 days notice to contractor.

C. The Contractor may terminate this contract for non-performance of the District in any material respect or at the close of each calendar year by giving written notice to the District not less than 60 days prior to termination.

D. The Contractor and the Houston County School District may mutually agree to terminate this contract at any time.

E. Upon total termination of this contract due to any reason, the District shall only be liable for the cost of unpaid past service periods. This District will release all equipment provided by this contract.

F. This contract will terminate absolutely and immediately at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of this contract.

G. In the event of termination at the end of any calendar year period, the District shall only be liable for the cost of unpaid past service periods.

PRICE:

To be completed after proposal evaluation.

TAXES:

A. The Contractor shall be responsible for all taxes and fees and shall pay all taxes and fees brought about by this agreement.

B. The District shall provide the Contractor with a Sales & Use Tax Exemption Form.

INDEMNITY: To the extent permitted by law:

A. The parties to this Agreement will indemnify, defend and hold each other harmless from all losses, damages, claims, suits and actions (including court costs and reasonable attorney's fees) ("claims") arising out of any breach of this Agreement except to the extent caused by the negligence or intentional acts or omissions of the other.

B. The District shall not be required to insure the equipment provided under this contract from loss.

C. The District shall not be responsible for loss or damage to equipment.

ASSIGNMENT:

A. The Contractor shall not sell, assign, or transfer this agreement without the written consent of the District.

Houston County School District

Offeror_________________________

Name

Name

Title

Title

Signature

Signature

Date

Date

PAGE

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