8-162-26 RFQ.pdf

BOARD OF EDUCATION

Kristin McCabe, President Franchesca Warren, Vice President

Kimberly Dove • Sara Gillespie • Katie Gregory Michelle Morancie, Ph.D. • Lillie Pozatek

Mike Looney, Ed.D., Superintendent

Contracting Department • 6201 Powers Ferry Road NW, Atlanta, Georgia 30339 • 470-254-8970 • www.fultonschools.org/contracting

DATE:

TO:

FROM:

RE:

November 13, 2025

All Quoters

Angela R. Young Executive Director of Contracting

Request for Quote No. 162-26, Fulton’s Finest Event

Fulton County Schools (FCS) invites quotes for furnishing any and all goods and/or services required for a Fulton’s Finest Event.

Quotes will be received digitally until 2:30 p.m. EST on Thursday, December 4, 2025 through Euna Procurement (Bonfire) at https://fultonschools.bonfirehub.com or via the Euna Procurement (Bonfire) link on the FCS Contracting website at https://www.fultonschools.org/contracting.

Questions regarding the quoting process shall be submitted via Euna Procurement (Bonfire). Only questions received prior to 4:00 p.m. EST on Thursday, November 20, 2025 will be considered.

FCS reserves the right to accept or reject any or all quotes and to waive any formalities and to make an award to the contractor deemed the lowest price, responsive, and responsible quote. Award notification will be posted after award at https://fultonschools.bonfirehub.com or by visiting the FCS Contracting website at https://www.fultonschools.org/contracting. All successful vendors will be required to provide the requested information.

We look forward to your quote and appreciate your interest in doing business with Fulton County Schools.

https://fultonschools.bonfirehub.com/ https://www.fultonschools.org/contracting https://fultonschools.bonfirehub.com/ https://www.fultonschools.org/contracting

QUOTE CONDITIONS

SECTION I - PREPARATION AND SUBMISSION OF QUOTES

CONTRACTING DEPARTMENT

6201 Powers Ferry Road, Atlanta, Georgia 30339 • 470-254-8970 • www.fultonschools.org/contracting 2

1. INTRODUCTION

a. To be entitled to consideration, sealed proposals shall be presented in accordance with the instructions of this solicitation and within the time constraints stated.

b. FCS reserves the right to reject any or all quotes and to waive technicalities and informalities. The judgment of FCS on such matters shall be final.

c. The terms Offeror, Vendor, Contractor and/or Quoter are synonymous in this document and refer to the person, entity or firm that submits the quote in response to this RFQ.

2. GOVERNMENTAL ENTITY

a. The governmental entity, the owner, for whom the work will be executed is:

Fulton County School District, Georgia (hereinafter “FCS”).

3. PREPARATION OF QUOTES

a. All quotes shall be submitted via Euna Procurement (Bonfire). The person submitting the bid can make changes prior to the deadline.

b. Specifications used are intended to be open and non-restrictive. Contractors are invited to inform the FCS Contracting Department whenever specifications or procedures appear not to be fair and open. Such information should be supplied as early in the procurement process as possible. Information received after the question deadline will not be acted upon unless the FCS Contracting Department rules that it is in the best interest of FCS to consider it.

c. Brand names and numbers when provided in solicitations are for reference to establish a quality standard. Any reference to a brand name shall not be construed as restricting to that manufacturer (unless “no substitutes” is stated). Quotes on equal items will be considered, provided the quote clearly describes the article offered and it is equal or better in quality and function and fully compatible with this requirement.

d. By submitting a quote, the Contractor warrants that any goods and services supplied to FCS meet or exceed specifications set forth in this solicitation.

http://www.fultonschools.or/

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e. The FCS Contracting Department will be the sole judge in making determination as to the quality and the appropriateness of the good and services proposed as well as the responsiveness and responsibility of the Quoter. Quote on each item separately. Prices shall be stated in units specified in the solicitation.

f. If any supplies, materials, and equipment are provided to FCS under this solicitation, then such items shall be new and in first-class condition unless the solicitation specifically allows offers of used, reconditioned, or remanufactured items. If newly manufactured products are specified, such products shall be of recent origin and not previously used. No equipment of any type is acceptable if serial numbers or any other manufacturer’s identification labels or marks have been removed, obliterated, or changed in any way. A Contractor delivering any such equipment to FCS will be deemed to have breached the contract, and appropriate action will be taken by the FCS Contracting Department.

g. Time of delivery is a part of the solicitation and an element of the contract that is to be awarded. If the Quoter cannot meet the required delivery date, a quote should not be submitted. Time shall be stated in “calendar” days. Failure to deliver in accordance with the contract could result in the Contractor being declared in default.

h. Quotes shall be submitted by an authorized officer of the company.

i. Telephone or fax quotes in lieu of the quote schedule will not be accepted.

4. TAXES

FCS is exempt from all state sales tax and Federal Excise Tax. These taxes shall not be included in quotes. However, in the event taxes are required by state or federal law for the services or products outlined in this quote, such taxes shall be the sole responsibility of the Contractor unless otherwise stated in writing and agreed to by FCS.

5. CHARGES AND EXTRAS

Quotes are to be firm net prices, F.O.B. destination to include all charges for delivery, unloading, placing in our buildings as directed by the authorities in the buildings, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, costs of bonds and any other cost. All pricing must remain firm for each year the contract is in effect.

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6. ADDENDA

No oral interpretations will be made as to the meaning of any part of the solicitation documents. Interpretations will be made by addenda only. The FCS will not be responsible for any other interpretations or explanations.

Failure to request an interpretation shall not relieve the successful Quoter from the obligation to perform work in accordance with the contract as interpreted subsequently by FCS authorized representatives. Addenda issued during the time of solicitation shall be addressed in the quote as appropriate, and each addendum shall be incorporated in the subsequent contract. Copies of all addenda will be posted via Euna Procurement (Bonfire) for all who have obtained a set of solicitation documents from the website.

7. ADDITIONAL TERMS

FCS shall not be bound by any terms and conditions included in any Quoter’s packaging, service catalog, brochure, technical data sheet or other document which attempts to impose any conditions at variance with or in addition to the terms and conditions contained in this solicitation, the FCS purchase order related to this solicitation or contract. FCS does not accept any terms or conditions from Contractor contracts on quotes.

8. REVISION OR WITHDRAWAL OF A QUOTE

A quote may be revised or withdrawn by the Quoter prior to the quote deadline. After the quote deadline, the FCS Contracting Department, at its sole discretion, will permit withdrawal only when the best interest of FCS would be served. Generally, withdrawal will only be allowed in cases where there has been an honest mistake made in preparing the quote not resulting from negligence and the mistake is clearly ascertainable. If withdrawal is allowed, FCS reserves the right to determine that the Contractor is chronically not responsible.

9. FUNDS

Award will be made at the option of FCS, to the lowest priced, responsive and responsible Quoter or Quoters meeting specifications within appropriated funds available.

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10. QUOTE SCHEDULE

Quote prices shall be submitted on the Solicitation Quote Schedule furnished by the FCS Contracting Department. All related correspondence containing information required by solicitation documents shall be attached to said schedule.

Quoters shall quote on all alternates shown on the Quote Schedule. The acceptance of any or all alternates will be at the discretion of FCS with no reference to numerical sequence. Any alterations/modifications to the quote schedule may deem the quote non-responsive.

11. EXAMINATION OF SOLICITATION DOCUMENTS

Quoters are notified that they must thoroughly examine solicitation documents which may include: Advertisement, Quote Conditions, Specifications, Quote Schedule, Drawings, General Conditions, and Technical Specifications together with Addenda thereto issued prior to the receipt of solicitation.

12. COMPLIANCE WITH LAWS

All goods and/or services furnished shall comply with all applicable Federal, State and Local laws, codes, rules, ordinances and regulations, including but not limited to all FCS policies, procedures, operating guidelines and/or regulations. This solicitation and any contract arising out of the solicitation shall be interpreted under the laws of the State of Georgia. All Quoters shall include a notarized affidavit stating with specificity any “trade secret” as that term is defined in O.C.G.A. § 10-1-761 to protect such confidential information from being automatically released under The Open Records Act (O.C.G.A. § 50-18-70 et. seq.), specifically O.C.G.A. § 50-18-72(a)(34). Jurisdiction and venue of any action relating to the interpretation and enforcement of this Agreement shall be proper only in the Superior or State Courts of Fulton County, or in the U.S. District Court, Northern District of Georgia, Atlanta Division.

13. PROTESTS

Protests dealing with the specification or the solicitation shall be filed not later than three

(3) working days prior to quote opening date. Other protests shall be filed not later than three (3) working days after quote opening date, or if the protest is based on subsequent action of FCS, not later than three (3) working days after the aggrieved person knows or should have knowledge, of the facts giving rise to the protest. Protests are considered filed when received by the Executive Director of Contracting. Only Contractors who participated in the solicitation are eligible to protest.

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

Contractor agrees to pay for the School District’s reasonable attorney’s fee and expenses of litigation for any protest arising out of this solicitation in which the School District is a prevailing party.

14. DJE PURCHASING POLICY AND REGULATIONS

The FCS DJE Purchasing Policy and Regulations are incorporated into this solicitation (and, therefore, any contract awarded as the result of this solicitation) by reference. By participation in this solicitation a Quoter, potential Quoter, or Contractor agrees to be bound by the FCS DJE Purchasing Policy and Regulations on any issue or action related to this solicitation or subsequent contract resulting from this solicitation.

Those wishing to do business with Fulton County Schools are required to complete our supplier registration questionnaire and register on Ariba, which is the business network used by FCS for receiving electronic responses to our solicitations, sending purchase orders, and receiving invoices. If your company is not currently registered to do business with FCS on the Ariba Business Network, please send an email to wecare@fultonschools.org for information on how to start the process.

mailto:wecare@fultonschools.org

SECTION II – CONTRACT AWARD

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1. QUOTERS QUALIFICATIONS

FCS, before Contract Award, may require Quoters to document that they are “responsible” Quoters to the complete satisfaction of FCS. Quoters may thus be required to show that they have the necessary facilities, are properly registered and licensed to perform the work specified herein, have the technical ability and financial resources to execute the work in a satisfactory manner, and within the time specified; that they have had experience in work of a similar nature; and that they have past history and references which will verify their qualifications for executing the work. FCS shall have the absolute right to determine Contractor responsibility and responsiveness to these requirements and any other requirements under this solicitation. FCS has the right to request at any time documentation relating to the Contractor’s qualifications. The Contractor’s failure to provide such documentation or appropriate documentation will result in the Contractor being determined to be not responsive or not responsible, or both.

2. CONTRACT LETTER

The contract award letter or establishing purchase order prepared and sent by FCS, or otherwise furnished, to the selected Quoter within the time for acceptance specified, results in a binding contract without further action by either party. The contract award letter and any of its terms and conditions are a part of this contract. The contract shall consist of this solicitation and any addenda thereto, and the contract award letter or establishing purchase order which supersedes all other prior or contemporaneous communications between the parties (whether written or oral), and all other communications relating to the subject matter of the award letter which are not included in or otherwise expressly incorporated into this contract. Unless specifically deleted in writing by addendum or amendment to one of the aforementioned documents of the contract by the Executive Director of Contracting all terms and conditions of the FCS contract documents shall be in effect and shall govern if in conflict with any term or condition otherwise presented.

3. SAMPLES

Samples when required shall be furnished free of expense to FCS according to solicitation instructions or within ten (10) days of date of request. Samples shall be tagged with Quoter’s name and id number. Samples not used or not destroyed in testing will be returned to the Quoter at their request and at the Quoter’s expense after contract award. Cost of inspection or testing of samples, which prove not to meet specifications, shall be paid by the Contractor.

4. REJECTION OF A QUOTE

a. Failure to observe these instructions and conditions will constitute grounds for rejection of a quote or removal from the list of Quoters.

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b. Quotes will be rejected if:

1) The Quoter’s acceptance period is less than the required acceptance period in the solicitation.

2) The Quoter fails to submit requested documents, including but not limited to any licenses, certificates, bonds, or insurance policies, within the time specified by FCS.

3) The quote contains a minimum order/ship quantity or dollar value (unless called for in the solicitation).

4) The quote contains a prepayment and/or progress payment requirement (unless called for in the solicitation).

5) The quote contains provisions for late charges whether designated as interest charges or otherwise.

6) The quote fails to include all appropriate elements of all addenda issues to the solicitation.

5. DISCOUNTS

Award will be made on the basis of the net unit price or the all items net price. When submitting quotes or quotations, all discounts (any discounts, cash discounts, quantity discounts, combination of item discounts, all item discounts or any other form or combination of item discounts), shall be calculated by the Quoter and reduced to a net unit price or, when requested, to an all item net price. Discounts offered in any other form or time limit will not be considered in making the award.

6. AWARD

a. The award of the contract shall be made to the lowest price, responsive, and responsible Quoter(s) meeting specifications within appropriated funds available and complying with all applicable requirements.

b. Unless the solicitation gives notice of an all-or-none award, FCS may accept any item or group of items of any quote, whichever is in the best interest of FCS.

c. Contractors agree that their quotes are subject to acceptance at any time within ninety

(90) days after opening, unless otherwise stipulated in the solicitation.

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d. FCS may accept or reject any or all quotes, parts of quotes, may waive informalities, technicalities and irregularities. The judgment of FCS on such matters shall be final.

e. It is within FCS’ sole discretion to determine whether the Contractor is responsible or responsive under the terms and conditions of this solicitation. Further, it is within FCS’ sole discretion to determine Contractor responsibility or responsiveness after a contract is entered into. Finally, it is within FCS’ sole discretion to terminate this agreement, to not renew a Contractor or to not make an award to a Contractor who is determined to be not responsible or not responsive. None of the foregoing limits any other discretion that FCS has in relation to its solicitation process.

f. The solicitation (including all addenda or exhibits), quote, contract notification letter or establishing purchase order, attachments or exhibits (either attached there or by reference), shall constitute the entire binding contract on the terms set forth and is to be interpreted, construed and given effect in all respects according to the laws of the State of Georgia. The solicitation supersedes all other prior or contemporaneous communications between the parties (whether written or oral), and all other communications relating to the subject matter of the Agreement which are not included in or attached to this Agreement. The Agreement may be modified or amended solely in a writing signed by both parties.

g. All correspondence, including Notices of Awards and Purchase Orders will be sent to the address appearing on the Contractor’s quote.

7. HOLD HARMLESS AGREEMENT

The Quoter shall Hold Harmless and indemnify FCS, its past, future and current Board of Education, and its past, future, and current employees, agents, volunteers or assignees (“FCS Indemnitees”) from any and all claims, suits, actions, damages, liability and expenses including attorney fees in connection with (a) claims, demands, or lawsuits that, with respect to any products or services provided by Quoter or Quoter's subcontractor, allege product liability, strict product liability, or any variation thereof; (b) any alleged infringement of any copyright, trademark, patent, trade dress, or other intellectual property right with respect to any products, services, or intellectual property or any parts thereof provided by Contractor or any subcontractor; (c) the failure of the Quoter or Quoter's subcontractor to comply with Privacy Laws; (d) the loss, misappropriation or other unauthorized disclosure of data by Quoter or Quoter's subcontractor; (e) any security breach involving data in Quoter’s or Quoter's subcontractor's possession, custody or control, or for which Quoter or Quoter's subcontractor accesses or is otherwise responsible; (f) loss of life, bodily or personal injury or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of, or occurring in connection with the performance of this contract which is the result of the Quoter’s action(s) or inaction(s), or which are the result of any subcontractor’s action(s) or inaction(s) who is hired or retained by the Quoter; (g) any other claim, demand, or lawsuit

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SECTION III – POST AWARD

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1. ASSIGNMENT

By the submission of a quote, the Quoter agrees not to assign the contract or purchase order to others unless specifically authorized in writing by the FCS Contracting Department.

2. COST OF INSPECTION OR TESTING

Cost of inspection or testing of products or materials delivered under an awarded contract which do not meet specifications shall be paid by the Contractor.

3. PAYMENT

The Contractor shall invoice FCS on a monthly basis or if payment is to be made by line item, when a single line item has been satisfactorily delivered. Complete payment will be made within thirty (30) days from either the date of delivery or the receipt of satisfactory invoice in triplicate, whichever occurs last. All invoices shall show contract number, work performed and period of work performance. Quoter shall provide all backup documentation reasonably requested by FCS supporting the Quoter’s requests for payment.

4. TERMINATION FOR DEFAULT

a. In the event any property or service to be furnished by the Contractor under a contract or purchase order should for any reason not conform to the specifications contained herein or to the sample submitted by the Contractor with its quote, the FCS may reject the property or service and may terminate the contract for default.

Prior to a termination for default, a Contractor will be given the opportunity to respond to a “cure notice” and/or a “show cause notice”. In either case the Contractor will be expected to either correct the offending situation or provide an acceptable plan and time frame for correction within five (5) days of receipt of or refusal of either notice. Failure to do so will be cause for termination.

In such event with specific instructions by the FCS Contracting Department, the Contractor shall immediately remove the property without expense to FCS and replace all rejected property with such property or services conforming to the specifications or samples.

b. If the contract is terminated for default, FCS may procure such property or services from all other sources and shall have the absolute right to withhold payment from Contractor until the services required by the contract are satisfactorily completed by other sources. After completion of the services required by the contract, FCS may deduct from any monies due the Contractor or that may thereafter become due to the Contractor, the difference between the contract price and the actual cost of the property or service to be replaced or substituted in addition to the reasonable cost of FCS staff time spent securing substitute(s) at $18/hour. Price paid by FCS

6201 Powers Ferry Road, Atlanta, Georgia 30339 • 470-254-8970 • www.fultonschools.org/contracting 12 in such event shall be the prevailing market price at the time the substitute purchase is made. Other than payment that may be due to Contractor after completion of the services as set forth above in this Section, the Contractor waives its right to pursue FCS for any damages related to termination for default.

c. Failure by a Contractor to perform on delivery of goods or services as specified may also result in the removal of the Contractor from doing business with FCS for a period of up to one (1) year and FCS reserves the right to determine that the Contractor is chronically not responsible.

5. TERMINATION FOR CONVENIENCE

FCS reserves the right to terminate for convenience, at any time for any reason with no penalty, any contract awarded through this solicitation by providing the Contractor with thirty (30) days written notice. In the event of termination for FCS’ convenience, the Contractor shall only be compensated for services properly performed prior to termination.

The Contractor waives its right to pursue FCS for damages other than those specifically set forth above in this Section.

6. PERMITS, TAXES, LICENSES, BONDS, ORDINANCES, AND AGREEMENTS

The Contractor shall, at his own expense, obtain all necessary licenses, permits and bonds;

give all notices, pay all license fees and taxes, and comply with all applicable Local, State and Federal Laws, ordinances, rules and regulations. The Contractor shall maintain the licenses, permits and bonds required in a current status after award and throughout the course of the contract.

The Contractor shall agree that in the performance of the contract, they will comply with all local agreements which they have 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.

7. NON-APPROPRIATION

Notwithstanding any other provision of this agreement, the parties hereto agree that the charges hereunder are payable to the Contractor by FCS solely from appropriations received by FCS. In the event such appropriations are determined in the sole discretion of the Chief Financial Officer of FCS no longer to exist or to be insufficient with respect to the charges payable hereunder, this agreement shall terminate without further obligation of FCS at the end of any fiscal period (hereinafter referred to as “Event”) as set forth in O.C.G.A. § 20-2-506(b)(2). In such Event, the Chief Financial Officer of FCS shall certify to the Contractor the occurrence thereof, and such certification shall be conclusive.

In the event of FCS certification, FCS agrees not to replace, before the end of the fiscal year in which the Event occurs or before the expiration of this agreement, whichever occurs

6201 Powers Ferry Road, Atlanta, Georgia 30339 • 470-254-8970 • www.fultonschools.org/contracting 13 first, the equipment and/or services covered hereunder with equipment and/or services obtained from another Contractor at the same or higher annual cost to FCS.

8. INDEPENDENT CONTRACTOR STATUS

Contractor agrees that it is an independent contractor and FCS is not responsible for payment of any salaries, taxes, benefits, or costs associated with the employment of Contractor’s employees under this Agreement.

All workers utilized by Contractor to perform work for FCS ("assigned workers”) are intended by the parties to be the common law employees of Contractor and not of FCS. As such, Contractor is responsible for: (a) providing workers’ compensation and general liability insurance coverage with respect to the assigned workers; (b) providing assigned workers with compensation and benefits and contributing to Federal Social Security, state unemployment, and other required funds through payroll;(c) complying with all obligations under the Affordable Care Act ("ACA"); and (d) verifying that all assigned workers are legally eligible to work in the United States under Federal immigration laws.

Contractor retains sole and exclusive liability for all contributions, taxes, payments, obligations and tax filings required to be made for the assigned workers under all applicable federal or state income tax laws, unemployment and workers' compensation acts, social security acts, the ACA and other such legislation; and Contractor shall fully indemnify FCS for any claim of failure by Contractor to comply with such laws.

FCS is not responsible or liable for the hiring, termination, or discipline of Contractor’s employees.

If there are allegations of misconduct involving one or more of Contractor’s employees related to any services or work under this Agreement, FCS reserves the right to require Contractor to promptly remove any of Contractor’s employees from providing the services under this contract pending resolution of the employee misconduct. Contractor agrees to promptly comply with any such request by FCS and to cooperate in any investigation with FCS. The failure to cooperate with FCS may result in the termination of the agreement or non-renewal of any agreement with Contractor, which will be determined by FCS in its sole discretion.

9. FORCE MAJEURE

FCS shall not be responsible for any delay or failure of any other obligations hereunder due to any occurrences commonly known as force majeure, including but not limited to, acts of God, war, acts of terror, labor disputes, strikes, lockouts, civil commotion, pandemic, epidemic, international trade disputes or acts of government or government agency or officers. In the event of a force majeure event which delays Contractor’s work or services, Contractor shall not be entitled to any additional payment related to such delay.

Contractor’s sole remedy for delay caused by a force majeure event shall be an extension of contract time.

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10. WAIVER OF CONSEQUENTIAL DAMAGES

The Quoter waives claims against FCS for consequential damages arising out of or relating to this contract, including the termination of this contract. This waiver includes, without limitation, damages incurred by the Quoter for losses of financing, business, reputation, or profit.

11. OWNERSHIP OF DOCUMENTS

a. Property of FCS. Quoter warrants that it is the author of any reports, assessments, documents and data that may be prepared by it pursuant to the contract (collectively, the “Work Product”) and that it holds the copyright therein and it shall obtain similar representations from its subconsultants, if any. Upon their creation, and subject to the condition that FCS timely meets its payment obligations under the contract, any Work Product that may be prepared by Quoter and its subconsultants, and the designs depicted in them, shall become the sole property of FCS, regardless of the stage of the Work Product.

b. Use by FCS. FCS may use any Work Product without Quoter’s consent including, without limitation, future additions, alterations, connections, repairs, information, reference, use or occupancy of any of FCS’ schools, buildings, office, or facilities.

c. Delivery of Work Product upon Termination. In the event of termination of the contract by either party for any reason, FCS reserves the right to request and receive, and Quoter shall promptly provide and deliver to FCS upon request, any Work Product prepared through the date of termination by Quoter and its subconsultants pursuant to the contract. FCS shall obtain and retain all ownership rights with regard to such Work Product produced hereunder. Any dispute regarding the amount of any payment to be made by FCS under the contract shall not diminish, restrict or limit the right of FCS to own, receive and use the Work Product, as provided in this section. FCS may withhold any payments due Quoter upon termination until the Work Product prepared through the date of termination is furnished to FCS pursuant to the terms of this paragraph.

SECTION IV – OTHER

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1. NON-DISCRIMINATION

The Contractor, by the submission of a quote or the acceptance of an order or contract, does agree in providing the goods and services covered under the quote or contract not to discriminate in any way against any person or persons or refuse employment of any person or persons on account of race, color, religion, age, disability, national origin, sex, or any other legally protected status.

2. FCS NON-DISCRIMINATION

FCS does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, or any legally protected status in any of its employment practices, education programs, services or activities.

3. MINORITY AND FEMALE BUSINESS ENTERPRISES

It is the intent of FCS to assure that Minority Business Enterprises (MBE) and Female Business Enterprises (FBE) have an equal opportunity to participate in FCS Contracting requirements.

4. DRUG-FREE WORKPLACE

By submission of a quote, the Quoter certifies that he/she will not engage in the unlawful manufacture, sale distribution, dispensation, possession, or use of a controlled substance or drug during the performance of the contract and that a drug-free workplace will be provided for the Contractor’s employees during the performance of the contract. The Quoter also certifies that he will secure from any subcontractor who works on the contract, written certification of the same drug free workplace requirements. False certification or violation by failing to carry out requirements of O.C.G.A. § 50-24-3 may cause suspension, termination of contract, or debarment of such Quoter.

5. CERTIFICATION OF NON-COLLUSION

By submitting a quote, the Quoter certifies: “that this quote is made without prior understanding, agreement, or connection with any corporation firm, or person submitting a quote for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. That collusive quoting is understood to be a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.”

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6. AUTHORIZED OFFICIAL

It is agreed that all conditions of the quote shall be abided and that the person submitting this quote is authorized to submit the quote on behalf of the company.

7. SOLICITATION TERMINATION

In any event in which this solicitation is terminated or cancelled, in whole or in part, or all quotes are rejected, there shall be no liability on the part of FCS for any costs incurred by Quoters or potential Quoters in relation to the solicitation.

8. RIGHTS AND REMEDIES

The rights and remedies of FCS provided above shall not be exclusive and are in addition to any other rights and remedies provided by Federal law, Georgia law or under the contract.

9. GOVERNING LAW

This solicitation and any contract arising out of the solicitation shall be interpreted under governed by and construed in accordance with the laws of the State of Georgia applicable to contracts made and performed in such state. Jurisdiction and venue of any action relating to the interpretation and enforcement of this Agreement shall be proper only in the Superior or State Courts of Fulton County, or in the U.S. District Court, Northern District, Atlanta Division. Quoter consents to the exclusive jurisdiction of the state and/or federal courts of the State of Georgia, in Fulton County and to the personal jurisdiction of such courts, and waives any objections Quoter may now or hereafter have based on venue or forum non convenience.

10. OPEN RECORDS ACT

Quoter acknowledges and agrees that FCS is obligated to timely comply with requests for information pursuant to state and federal law and regulation. Quoter agrees to comply with all provision of the Georgia Open Records Act ("ORA") (O.C.G.A. § 50-18-70 et. seq.), and to make records pertaining to performance of services, provision of goods or other functions under this contract available for public inspection upon request, unless otherwise exempt under other provisions of the ORA. Quoter shall provide FCS with immediate notice should Quoter receive an Open Records Request. If Quoter asserts that any information in its response or in any information provided to the FCS with respect to the services or products under this contract are a protectable trade secret, as that term is defined in O.C.G.A. § 10-1- 761, then the Quoter must follow the requirements of the ORA set forth at O.C.G.A. § 50-18-

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72(a)(34) and submit an affidavit declaring and specifically describing their trade secrets, including those of their subcontractor.

ADDITIONAL CONDITIONS

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1. CONTRACT TYPE

The contract type contemplated for this solicitation is a Firm Fixed Price Contract.

2. CONTRACT PERIOD

The base contract performance period shall be for the duration of the project. Contract performance shall begin on the date stated in the contract award letter.

3. CATEGORY OF AWARD

Award will be made on an “All or None” basis. However, FCS reserves the right to award to multiple contractors if it is deemed to be in the best interest of FCS.

4. DELIVERY REQUIREMENTS

Delivery or quote/performance shall be made only as authorized by Purchase Orders issued by FCS Contracting Department. The Contractor shall furnish to FCS all services specified in the schedule of the order issued by FCS.

5. OWNER’S REPRESENTATIVE

Supervision of the contract will be performed by FCS’ Representative, Vickie Cross, Executive Director, Transportation or his/her designee(s). FCS reserves the right to change its representative by providing notice to the Quoter of such change.

6. RECEIPT OF ADDENDUM CLAUSE

Addenda issued to solicitations will be available via Euna Procurement (Bonfire) at https://fultonschools.bonfirehub.com or via the Euna Procurement (Bonfire) link on the FCS Contracting website at https://www.fultonschools.org/contracting. FCS’ Contracting Department shall not bear responsibility for receipt of addenda by mail. If Quoters do not acknowledge receipt of all addenda the quote or proposal may be determined to be non-responsive by the FCS Contracting Executive Director.

7. WARRANTY

All warranties shall run from the date of acceptance and shall remain in place for a period of one (1) year from the acceptance date. FCS’ representative or designee is responsible for inspection and acceptance of the goods. All non-conforming or defective products shall either be replaced at no cost to FCS within thirty (30) days of request by FCS or FCS shall be provided with a refund for the purchase price of the defective good.

Any replacement item must be of the same or comparable make and model.

FCS is not waiving, amending, or abridging any stated or implied contractual or warranty rights provided to FCS under state or federal law. Quoter warrants and agrees as follows:

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(i) Any goods, applications or software purchased or provided under this contract will be defect free in design, materials and workmanship, be of the quality, size and dimensions ordered, be of first quality material and workmanship, merchantable, fit for the purposes specified by FCS in this solicitation and shall conform to all the requirements of the solicitation. The packaging, packing, marking, and shipping of such goods will conform with the requirements of this RFQ and as set forth in Quoter’s response. This express warranty shall not be waived by reason of acceptance of the goods or payment thereof by FCS.

(ii) Any services purchased under this contract will be performed by the Quoter according to its best efforts and in accordance with the Standard of Care for the term of the agreement. This express warranty shall not be waived by reason of acceptance of the services or payment thereof by FCS.

(iii) Quoter is fully aware of FCS’ business requirements and intended uses of the applications, software, processes, services and products and warrants that such shall be fit for such intended uses.

(iv) Quoter represents and warrants that all the concepts, materials, applications, products and services produced, or provided to FCS shall be wholly original with the Quoter or that the Quoter has secured all applicable interests, rights, licenses, permits or other intellectual property rights in such concepts, materials, products, applications and services. Quoter represents and warrants that the concepts, materials, applications, products and services and FCS’s use of same shall not infringe upon any other work, or violate the rights of publicity or privacy of, or constitute a libel or slander against, any person, firm or corporation and that the concepts, materials, products and services will not infringe upon the copyright, trademark, trade name, trade dress, patent, literary, dramatic, statutory, common law or any other rights of any person, firm or corporation or other entity. This express warranty shall not be waived by reason of acceptance of the goods or services or payment thereof by FCS.

8. INSPECTION

The Quoter awarded the contract shall be subject to continuous inspection by FCS to ensure compliance with all specifications and regulations of the Fulton County Board of Education.

If any inspection reveals that Quoter is not in compliance with any specification or regulation of the Fulton County Board of Education or this agreement, then Quoter must correct such deficiency as soon as practicable, but in no instance longer than thirty (30) days after receiving notice of the deficiency from FCS.

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9. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

Contractor’s full compliance with all applicable federal and state security and immigration laws, including without limitation O.C.G.A. § 13-10-90, et seq. as amended and Georgia Department of Labor Rule 300-10-1, et seq. is a condition for the contract quote and any contract award. Contractor is required to affirm compliance by completing and returning all three (3) Georgia Security and Immigration Compliance documents (Appendix I) with Contractor’s quote.

Failure to provide the Georgia Security and Immigration Compliance forms in (Appendix I) with your quote shall result in your quote being declared non-responsive.

If a Contractor claims one or more of the documents is inapplicable then the Contractor shall mark the form “Not Applicable” and submit it with their quote. FCS reserves the right to request additional information from the Contractor to substantiate information provided to FCS. The failure to respond to such a request may result in the Contractor being determined to be non-responsive.

Pursuant to O.C.G.A. § 13-10-91 no Contractor or subcontractor may propose a contract or enter into a contract with a public employer for the physical performance of services unless the Contractor or subcontractor is registered with and participates in the federal work authorization program to verify information of all newly hired employees, and provides certain required affidavits. Any Contractor, subcontractor, or sub-subcontractor of such Contractor or subcontractor, shall also be required to satisfy the requirements set forth herein.

10. COMMUNICATION WITH FCS STAFF

From the issue date of this solicitation until completion of the entire solicitation process and announcement of award notification, all Contractor communication related to this solicitation must be directed to the FCS Contracting Department including, but not limited to, communications with members of the Board of Education, school district employees and/or contracted agents. Violation of this provision may result in rejection of your company’s response.

11. PIGGYBACK CLAUSE

This solicitation allows for other state and local governmental agencies to buy off the awarded contract at the same prices quoted during the effective term, pending agreement between Quoter and the third-party entity.