Addendum 1 Weight Room Equipment for Fayette .pdf

Weight Room Equipment for Fayette County Public Schools (RFP 25-011-075) Addendum 1

1. Should the unit cost on the Cost Proposal for the rolled flooring reflect the unit cost per square foot or should it be for the entire 37’x144’ space as one unit?

a. The rolled flooring is requested in addition to the rolled rubber floor that will already be installed once the gym is completed. Provide pricing for the requested item, as is, as this item is considered a deductive alternative.

2. The Cost Proposal and 11.1.1 says the square footage needed for the space is 37’x144’(or 5328 square feet) but 10.1 and the provided floor plan says the space is between 4200 and 4500 or 4400 square feet- which is accurate?

a. The square footage of the weight room(s) is listed on the drawing provided with the solicitation.

3. Can you confirm how many platforms with variation color are required for each gym location?

a. Not at this time.

4. Can you provide any guidance on where these should be placed or what colors are desired?

a. Not at this time.

5. Is FCPS requesting installation of the rolled flooring or will you be procuring that service elsewhere?

a. Installation will not be requested until it is determined that the rolled floor will be purchased as an addition to the already installed floor. Vendor will need to provide installation pricing separately from the cost proposal.

6. Can FCPS accept curbside delivery of the flooring and store it prior to installation?

a. No. Fayette County Public Schools does not provide storage from project materials.

7. Does the flooring installer need to provide transitions where the provided flooring meets an entryway?

a. Please refer to the answer to question 5 of this document.

8. Does the provided floor plan accurately represent the scale of the space for Whitewater High

School?

a. Currently, the drawing is of what is to be constructed at this time.

9. Does the district have AutoCad files for all 5 projects that could be shared with bidders so accurate equipment layout, matching flooring plans can be drawn up to provide an accurate estimate and depiction of each facility?

a. The only drawing available is the one provided with this solicitation.

10. We assume that the number of pieces of equipment on the Cost Proposal reflect the number of pieces required for Whitewater High School—what increases or decreases are expected for the other 4 projects?

a. None. The other four (4) schools will receive the same equipment as Whitewater High School.

11. On the Cost Proposal, should the Unit or Extended cost include shipping and installation or should that be a separate line item and only included in the cost per auxiliary gym and the total cost of the project?

a. If you would like to provide the extended pricing with shipping and installation, you may do so. If not, you will need to add that cost to the “cost of auxiliary gym” line of the cost proposal.

12. Some products have a lead time that would put installation past the December 31, 2024 installation date for Whitewater High School—is installation at a later date permissible?

Responses Due: Before 10:00AM (EST), Monday, November 11, 2024

a. The lead time for the equipment is required as a line item on the cost proposal sheet. We will evaluate all lead times provided once all bids have been submitted.

13. Is there a date by which the rolled flooring must be installed in Whitewater High School?

a. No, not at this time.

14. Is there a date by which the fitness equipment must be installed in Whitewater High School?

a. The goal is to have the equipment installed once the gym is completed, which is scheduled to be completed on December 31, 2024. As we approach the end of construction we will be able to determine the exact date.

15. Please clarify the provided estimated completion dates of the auxiliary gym in 12.—are these the dates that FCPS wants flooring and equipment installed by or when the project will be complete enough for us to start installing flooring and equipment?

a. The dates provided are estimated completion dates for construction. So these dates would indicate when the installation of equipment would begin.

16. Will a bond be required for this project? If yes, are any alternatives offered such as the bidder submitting a check that can be held by FCPS as security deposit?

a. No, not at this time.

17. Can you please confirm that the following additional insurance coverages as specified in the

“Insurance requirements” form are not required? Professional Liability Insurance and Cyber Risk Insurance.

a. All insurance requirements must be met, as per our general terms and conditions.

18. Given that some of these projects aren’t scheduled to be delivered until much later, can you please confirm if an increase in unit cost is acceptable if the MSRP or cost is raised by the manufacturer? Please clarify when and how any price increases would be handled.

a. Please refer to the Pricing section of our General Terms and Conditions. (See attached)

19. Regarding 25. Letters of Recommendation: While we have many satisfied customers happy to be our references, we do not usually request letters from them as this could be burdensome. Can you please confirm that in lieu of a letter we can provide the contact information and project scope for three customer references as per our usual procedure?

a. No. This solicitation required Letters of Recommendation, as stated.

20. Are our responses to the Business Capability and Respondent Questionnaire supposed to be notarized?

a. All forms indicating “Notarized” are required to be notarized.

21. Can you please confirm that the insurance claims information needed to answer 10) is in regard to any claims made against our General Liability Policy?

a. This question references “any insurance claims”.

22. Can you please clarify what the “Jumper Rack Arms” are on line 9 of the Cost Proposal? If item number of a specific brand can be provided for reference, please do so.

a. This item is a rack attachment. There is no specific brand being requested for this item.

23. Is the equipment list for EACH location or is this all locations added together?

a. This list of equipment is for each location. There will be five (5) total orders.

24. Would you like the racks to be drilled down?

a. This can be provided as an option, as each school may have different layout and installation requests.

Weight Room Equipment for Fayette County Public Schools (RFP 25-011-075) Addendum 1

25. Should the storage units be drilled down as well?

a. This can be provided as an option, as each school may have different layout and installation requests.

26. For the flooring, do you prefer it to be glued or taped down?

a. This flooring would be taped down, if installed. Refer to answer to question #5 of this document.

27. Would you like a battle rope included in addition to the attachment, or solely the battle rope rack attachment?

a. Yes, include the battle rope.

28. If a battle rope is to be included, do you have a preferred size?

a. Preferred size will be standard.

29. Do you have a preference for the thickness: 8mm, 9mm, or 12mm?

a. 12mm will be the minimum that we will accept.

30. Would you prefer the price for the alternative dumbbells to be included in the subtotal or for the

5-100 hex set?

a. Since the dumbbells are a deductive alternative, you will list the line item pricing but exclude it from the total project cost. If the alternative is chosen, instead of the preferred, then the project cost will need to be adjusted after the fact.

31. For the alternative option, is your desired weight range 5-85 lbs, 5-105 lbs, or 5-125 lbs?

a. Vendor will be responsible for providing a product that meets or exceeds the specifications outlined in the solicitation.

32. What is the total number of pages required for the submission? The RFP Document (13) numbered pages and (7) non-numbered pages for a total of (20) pages.

a. There are requests for additional documentation listed within the solicitation, which requires vendors to provide paperwork. There is no set total of pages required for a bid submission.

33. Page (4) Section 5.1 States that forms required for submission can be found on the FCPS Purchasing Department Website.

a. If there are additional documents required that are not attached to this solicitation already, you will need to locate those forms on the Purchasing Department website.

https://www.fcboe.org/Page/109

34. Will each of the facilities have individual color requirements for the equipment?

a. No.

35. How will these projects be quoted? Individually or as one project?

a. Individually.

36. If quoted as one whole project how would they be invoiced? Invoiced as individual projects when each is completed?

a. Each project should be invoiced upon project completion.

37. It mentions pricing guarantees in the solicitation, looks like that will span at least 20 months, is this correct? Will these opportunities be at the same volume level?

a. Yes. Each school will receive the same equipment listed in this solicitation.

Weight Room Equipment for Fayette County Public Schools (RFP 25-011-075) Addendum 1 https://www.fcboe.org/Page/109

38. We see that Whitewater High School's building may, or may not, be ready for a Dec 31, 2024 occupation, may the vendors assume that this date is flexible for delivery of flooring and equipment as well?

a. The goal is to have the equipment installed once the gym is completed, which is scheduled to be completed on December 31, 2024. As we approach the end of construction we will be able to determine the exact date.

39. Is the room ground level?

a. The weight rooms are on elevated slabs (roughly 2-3 feet) for Starr’s Mill High School, Sandy Creek High School, and Fayette County High School. Slightly more elevated at Whitewater High School. McIntosh High School Auxiliary gym includes a basement below the weight room, their gym will be at a higher elevation than the others.

40. Does the room have double door access?

a. Yes.

41. Is the room close to a parking lot? Approximately how far at each location?

a. Yes. Every auxiliary gym will have drive up access to the outside stairs with the double door access.

42. Are there any stairs leading to rooms indoor or outdoor?

a. Yes, exterior.

43. If the room is not ground level is there an elevator? What is the size/ weight limit?

a. There will be elevator access to the following auxiliary gyms; McIntosh High School, Starr’s Mill High School, and Sandy Creek High School.

44. Can the site receive any items on their own? (weights, bars, cardio, etc)

a. No, all the equipment must be delivered and installed at the same time.

Weight Room Equipment for Fayette County Public Schools (RFP 25-011-075) Addendum 1

Fayette County Public Schools Purchasing Department

General Terms & Conditions

Last Revised June 30, 2024

Scope of General Terms and Conditions These General Terms and Conditions apply to all solicitations, contracts, purchase orders, and other resulting procurement tools issued by, or entered into by Fayette County Public Schools (hereinafter FCPS).

1. When solicitation or contract Special Terms and Conditions conflict, it is the selected conditions of FCPS that shall control.

Specification Compliance Guidelines and Definitions

1. Terms Defined

1.1. Whenever the terms “shall”, “must”, or “will” are used in the solicitation, the specification/requirement being referred to will be mandatory.

Failure to meet any mandatory requirement can cause a reduction in evaluation scoring or rejection of the response.

1.2. Whenever the terms “can”, “may”, “should” or “might” are used in the solicitation, the specification/requirement being referred to is desirable.

Failure to provide any items so-termed may cause a reduction in evaluation scoring if applicable.

2. Specifications Compliance

2.1. Through the submission of a response, the respondent verifies that their response fully complies, or complies with an exception or alternative to the listed specifications. Compliance standards are determined as follows:

2.2. “Comply Fully” – respondent’s solution complies explicitly with the specifications/requirements as written.

2.2.1. The respondent must notate via page number and location reference of how the response meets the stated requirements and specifications.

2.3. “Comply with an exception or alternate” – respondent’s solution complies with some or part of the specifications and requirements and the respondent must mark those requirements listed as exceptions by indicating such on any accompanying forms or documents.

2.3.1. If not expressly forbidden by the solicitation, the respondent may pose an alternative to the listed specification that will be evaluated following the guidelines contained herein.

2.3.2. The respondent must notate via page number and location reference of how the response meets the stated requirements and specifications.

2.3.3. Whenever the respondent can comply with an exception, the respondent must attach a description of how/why an exception is proposed which should be labeled as an attachment under the guidelines above.

2.3.4. Failure to notate an exception, or include an explanation as defined above, does not relieve the respondent of compliance in full if awarded.

2.4. “Cannot comply” – respondent’s solution does not comply with specification/requirement.

2.4.1. Failure to indicate non-compliance will be interpreted to mean that the respondent can comply in full.

2.4.2. Whenever the respondent cannot comply, the respondent has the option to include an alternative as defined above in number three (3), point (a).

3. Scoring and Evaluation

3.1. Specifications and/or requirements listed in solicitations, appendices, and as presented in general and special terms and conditions are subject to evaluation scoring.

3.2. Responses will be evaluated based on the best solution for FCPS as defined by the listed specifications and requirements, respondent business capability, and value.

Questions and Addenda Regarding Solicitations

1. Request for Interpretation

1.1. If the respondent is in doubt as to the meaning of any part of a solicitation, they may request an interpretation.

1.1.1. All communication shall be done in writing and sent via email to the Purchasing Department agent or contact listed in the solicitation.

1.1.2. All correspondence should be clearly labeled with the solicitation title and number.

1.2. No oral interpretations shall be made as to the meaning of any part of the solicitation. FCPS will not be responsible for any other interpretations or explanations other than those issued by formal solicitation addenda.

1.3. Failure to request an interpretation shall not relieve the successful respondent from the obligation to perform work in accordance with the response as interpreted subsequently by FCPS authorized representatives.

1.4. The resulting addenda issued as part of the solicitation process may be incorporated in subsequent contracts or purchase orders at the sole discretion of FCPS.

2. Incorporated Contents

2.1. All documents submitted in response to a solicitation, including any attachments or appendices, are incorporated into any resulting contract.

2.2. If any language of the response conflicts with the language of the solicitation, the language of the solicitation shall govern at the sole and full discretion of FCPS.

Restrictions and Conflicts of Interests

1. Communication Restrictions

1.1. From the issue date of the solicitation until an intent to award notification is issued, respondents are not allowed to communicate for any reason with any FCPS employee except through the Purchasing Department, during the respondent’s conference or scheduled meeting, or as provided in the scope of existing work agreements.

2. Lobbying Restrictions

2.1. Respondents are hereby advised that they are not to lobby with any FCPS personnel or board members.

2.2. All oral or written inquiries must be directed through the Purchasing Department.

2.3. Attempts at lobbying may be grounds for rejection of the response and exclusion from future solicitations.

3. Conflicts of Interests

3.1. All respondents must disclose with their response the name of any officer, director, or employee who is also an employee of FCPS.

3.2. Respondents must disclose the name of any FCPS employee or family member who owns, directly or indirectly, any interest in the respondent’s firm or any of its branches.

3.3. Failure to disclose such conflicts may be grounds for rejection of the response and exclusion from future solicitations.

pg. 1 of 7

General Terms and Conditions-Fayette County Public Schools

Response Declinations, Disputes, and Protests

1. Response Declinations

1.1. FCPS reserves the right to the following: reject any responses, waive any irregularity in responses, accept any item or group of items unless qualified by the respondent, and/or acquire additional quantities at prices quoted on this request for responses, unless additional quantities are not acceptable, in which case the response must be noted: “response is for specified quantity only.”

2. Revision or Withdrawal of Response

2.1. A response may be revised or withdrawn by the respondent before the response submission date and time as specified in the solicitation schedule of events.

2.2. After the response submission date and time, FCPS Purchasing Department will permit withdrawal only when the best interest of FCPS would be served.

3. Disputes and Protests

3.1. Through the submission of a response; respondents agree to waive any claims they may have against FCPS, its employees, agents, members, representatives, and legal counsel.

3.2. In case of any double meaning or difference of opinion as to the items and/or services to be furnished or supplied, the decision of FCPS shall be final and binding on both parties.

3.3. Any contest or dispute must be submitted in writing via email, mail, or delivery to the Purchasing Department within three (3) business days of award posting.

4. Default

4.1. If the awarded respondent should breach any potential contract resulting from the solicitation, FCPS reserves the right to seek all remedies in law and/or equity.

5. Cancellation

5.1. If the awarded respondent violates any of the provisions of the solicitation or resulting contract, the superintendent or his/her designee will give written notice to the respondent stating the deficiencies.

5.2. Unless the deficiencies are corrected within thirty (30) calendar days, a recommendation will be made by the Purchasing Department for immediate cancellation.

5.3. Upon cancellation, FCPS may pursue all legal remedies as provided by law.

6. Contract Termination

6.1. FCPS reserves the right to terminate any contract resulting from the solicitation at any time and for any reason upon giving written notice thirty

(30) days in advance to the other party.

6.2. If said contract should be terminated for convenience, FCPS will be relieved of all obligations under said contract and FCPS will only be required to pay the awarded respondent the amount of the contract performed to the date of termination.

7. Debarred, Suspended, and Ineligible Status

7.1. A respondent certifies by submission of their response that the respondent and/or any of its subcontractors or suppliers (if applicable) have not been debarred, suspended, or declared ineligible by any government agency.

7.2. FCPS reserves the right to reject any vendor who violates this condition before, during, and after a solicitation or resulting order, contract, agreement, or purchase order.

Pricing

1. Firm Pricing

1.1. The respondent should propose firm net pricing for the term of the solicitation with discounts marked.

1.2. Propose items following all terms and conditions stated.

1.3. Prices must be stated in units of the quantity specified in solicitation requirements.

1.3.1. In case of a discrepancy in computing the amount of the response, the unit price quoted will govern.

1.4. Alternate pricing terms and conditions submitted may not be evaluated or suffer a reduction in evaluation scoring.

1.5. Fayette County Public Schools is a tax-exempt entity.

1.5.1. It is the respondent’s responsibility to be familiar with applicable tax implications and the respondent shall be liable for all such costs associated with their response.

1.6. FCPS reserves the right to purchase or compare pricing available, or made available from, cooperative purchasing agreements and other governmental contracts.

2. Pricing Adjustments

2.1. Adjustments made to resulting pricing must meet the following conditions:

2.1.1. Adjustments are only allowed after each term of the solicitation as defined herein.

2.1.2. FCPS must be notified in writing 30 days before term change in advance of a pricing adjustment.

2.1.3. Adjustments must only be less than 10% of pricing submitted and agreed to unless specific market circumstances verified by third-party collaboration can be submitted as evidence of such.

2.1.4. Any pricing adjustment submitted may be accepted or rejected at the sole discretion of FCPS.

Delivery

1. Inside Deliveries Only

1.1. Unless otherwise specifically authorized by FCPS personnel all deliveries to FCPS locations shall be required as “Inside Delivery”.

1.2. Inside Delivery is defined as delivery to a building with or without an accessible dock where the product ordered is brought into the building by the delivery driver to specific rooms or areas as directed by FCPS staff.

2. Notification Required

2.1. Vendors and their delivery subcontractors are required to notify FCPS staff a minimum of one (1) business day prior to delivery.

2.2. If delivery cannot be made on the day requested the vendor and/or their subcontractor shall schedule an alternate day with FCPS personnel at no cost to the District.

3. Refusal of Delivery

3.1. Should FCPS refuse delivery due to, but not limited to, improper delivery information, or refusal of the carrier to meet Inside Delivery requirements, the vendor shall be responsible for additional costs incurred for alternate / corrected delivery.

Legal Compliance

1. Georgia Code: O.C.G.A. § 20-2-506 Compliance

1.1. Per O.C.G.A. § 20-2-506 any contract entered into by FCPS shall terminate and without further obligation on the part of the school district at the close of the calendar year in which it was executed (December 31st) and at the close of each succeeding calendar year for which it may be renewed as provided.

pg. 2 of 7 https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBW1-JFDC-X0MJ-00008-00?cite=O.C.G.A.%20%C2%A7%2020-2-506&context=1000516 https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBW1-JFDC-X0MJ-00008-00?cite=O.C.G.A.%20%C2%A7%2020-2-506&context=1000516

1.2. The contract may provide for automatic renewal unless action is taken by the school system to terminate such contract, and the nature of such action shall be determined by the sole discretion of FCPS.

1.3. The contract shall state the total obligation of the school system for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term.

2. Non-Appropriations-Georgia Code O.C.G.A. § 36-60-13 Compliance

2.1. Per O.C.G.A. § 36-60-13, if funds fail to be appropriated by the Fayette County Board of Education each fiscal year beginning July 1st during the term of this contract, then this contract shall terminate on June 30th following written notice from Fayette County Public Schools.

2.2. The contract may provide for automatic renewal unless action is taken by the school system to terminate such contract, and the nature of such action shall be determined by the sole discretion of FCPS.

3. Americans with Disabilities Act (ADA)

3.1. Respondents should ensure that their response, resulting contracts, durable goods, and projects are compliant with the Americans with Disabilities Act and corresponding legislation.

3.2. Submission of response indicates the respondent’s familiarity and compliance with the ADA and corresponding legislation. Compliance failure will be the sole responsibility of the respondent.

3.3. FCPS reserves the right to reject any response deemed not compatible with the ADA or corresponding legislation at its sole discretion.

4. Section 508 Rehabilitation Act Compliance

4.1. Respondents should ensure that their response, resulting contracts, durable goods, and projects are compliant with Section 508 Rehabilitation Act and corresponding rulings.

4.2. Submission of response indicates the respondent’s familiarity and compliance with the Section 508 Rehabilitation Act and corresponding rulings.

Compliance failure will be the sole responsibility of the respondent.

4.3. FCPS reserves the right to reject any response deemed not compatible with Section 508 Rehabilitation Act or corresponding rulings at its sole discretion.

5. Non-Discrimination Policy

5.1. The respondent, contractors, and subcontractors may not discriminate against any employee or applicant for employment, to be employed in the performance of this response with the respect to hiring, tenure, terms, conditions, or privileges of employment because of race, color, religion, national origin, or ancestry, or because of age, handicap or sex, except where based on bona fide occupational qualifications.

6. Non-Collusion

6.1. The respondent acknowledges that this response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, services, or equipment and is in all respects fair and without collusion or fraud.

6.2. Collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

6.3. Respondent agrees to abide by all conditions of this solicitation and certify that the signatory is authorized to sign this form for the respondent

(per O.C.G.A. § 50-5-67).

6.4. Respondent further certifies that the provisions of the O.C.G.A. Title 45, Chapter 10, Article 2 have not and will not be violated in any respect.

7. Drug-Free Workplace

7.1. According to O.C.G.A. § 50-24-3, the respondent will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance including marijuana during the performance of this contract.

7.2. If the respondent has more than one employee, including respondent, the respondent shall provide for such employee(s) a drug-free workplace program, per the Georgia Drug-Free Workplace Act as provided in O.C.G.A. § 50-24-1 throughout the solicitation and any resulting contracts.

7.3. The respondent will secure from any subcontractor hired to work on any job assigned under the solicitation written attestation to the same.

7.4. The respondent may be suspended, terminated, or debarred if it is determined that the respondent has made false certification or the respondent has violated such certification by failure to carry out the requirements of O.C.G.A. § 50-24-3(b)

8. Confidentiality Matters and Requirements

8.1. Respondent acknowledges that some material and information which may come into its possession or knowledge in connection with the solicitation, or the awarded performance thereof, may consist of confidential and private information of FCPS, its students, or employees; the disclosure of which to, or use by, third parties may be damaging or in violation of applicable law.

8.2. Advertising: Respondent shall not prepare or disseminate any publicity relating to this response or the services performed without the express written consent of FCPS, professional reference citations excluded.

8.3. FCPS complies with O.C.G.A. § 20-2-665, O.C.G.A. § 20-2-666, and O.C.G.A. § 20-2-667. Unless required by state or federal law; or in the case of health or safety emergencies; respondents shall not collect the following records in regards to students or families thereof:

8.3.1. Juvenile Delinquency Records

8.3.2. Criminal Records

8.3.3. Medical/Health Records

8.3.4. Political affiliations or voting history

8.3.5. Income

8.3.6. Religious Affiliation or beliefs

8.4. As part of FCPS’s compliance with O.C.G.A. § 20-2-665, O.C.G.A. § 20-2-666, and O.C.G.A. § 20-2-667. Unless required by state or federal law; or in the case of health or safety emergencies; respondents shall not engage knowingly in:

8.4.1. Amassing a student profile

8.4.2. Behaviorally targeted advertising

8.4.3. Selling or trafficking in student data

8.4.4. Disclose any information without parental consent

8.5. Respondent also agrees to abide by conditions of the Family Educational Rights and Privacy Act (FERPA) where applicable.

8.6. When the solicitation is for electronic software and applications services, respondents agree to conform to the Common Sense Media Privacy

Evaluations process. FCPS may check for compliance at any time via the Privacy Evaluations list located on the Common Sense Media website.

9. Georgia Open Records Act Compliance (O.C.G.A. § 50-18-70)

9.1. Notwithstanding the foregoing, this solicitation and any resulting responses, evaluations, contract, agreement, or purchase orders are subject to the Georgia Open Records Act and may be released publicly.

9.2. Pursuant to the act, for any records or documents marked as “confidential” or “trade secrets” the respondent must submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets according to O.C.G.A. § 10-1-761.

9.3. Failure to attach such an affidavit will result in the record being considered public and subject to release under the Georgia Open Records Act.

9.4. If FCPS determines that the specifically identified information does not constitute a trade secret, it shall notify the entity submitting the affidavit of its intent to disclose the information within ten days unless prohibited from doing so by an appropriate court order.

pg. 3 of 7 https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBS1-FBV7-B31V-00008-00?cite=O.C.G.A.%20%C2%A7%2036-60-13&context=1000516 https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBS1-FBV7-B31V-00008-00?cite=O.C.G.A.%20%C2%A7%2036-60-13&context=1000516 https://www.ada.gov/ https://www.ada.gov/ https://www.section508.gov/manage/laws-and-policies https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBX1-JXNB-62V0-00008-00?cite=O.C.G.A.%20%C2%A7%2050-5-67&context=1000516 https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBP1-JNS1-M3FW-00008-00?cite=O.C.G.A.%20%C2%A7%2050-24-3&context=1000516 https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBW1-JFDC-X0Y0-00008-00?cite=O.C.G.A.%20%C2%A7%2050-24-1&context=1000516 https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBP1-JNS1-M3FW-00008-00?cite=O.C.G.A.%20%C2%A7%2050-24-3&context=1000516 https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBV1-F06F-231H-00008-00?cite=O.C.G.A.%20%C2%A7%2020-2-665&context=1000516 https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBS1-FJM6-63WK-00008-00?cite=O.C.G.A.%20%C2%A7%2020-2-666&context=1000516 https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBS1-FBV7-B3M8-00008-00?cite=O.C.G.A.%20%C2%A7%2020-2-667&context=1000516 https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBV1-F06F-231H-00008-00?cite=O.C.G.A.%20%C2%A7%2020-2-665&context=1000516 https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBS1-FJM6-63WK-00008-00?cite=O.C.G.A.%20%C2%A7%2020-2-666&context=1000516 https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBS1-FBV7-B3M8-00008-00?cite=O.C.G.A.%20%C2%A7%2020-2-667&context=1000516 https://studentprivacy.ed.gov/?src=fpco https://privacy.commonsense.org/resource/our-privacy-work https://privacy.commonsense.org/resource/our-privacy-work https://privacy.commonsense.org/evaluations/1 https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBX1-JN6B-S0Y8-00008-00?cite=O.C.G.A.%20%C2%A7%2050-18-70&context=1000516 http://www.open.georgia.gov/ https://advance.lexis.com/api/document/collection/statutes-legislation/id/61XD-TBV1-F06F-244V-00008-00?cite=O.C.G.A.%20%C2%A7%2010-1-761&context=1000516

9.5. In the event the entity wishes to prevent disclosure of the requested records, the entity may file an action in superior court to obtain an order that the requested records are trade secrets exempt from disclosure. The entity filing such action shall serve the requestor with a copy of its court filing.

9.6. If the agency determines that the specifically identified information does constitute a trade secret, the agency shall withhold the records, and the requester may file an action in superior court to obtain an order that the requested records are not trade secrets and are subject to disclosure.

10. Choice of Law and Venue

10.1. The Laws of the State of Georgia shall govern this response in all respects. Any lawsuit or other action based on claims arising from this response shall be brought in a court or other forum of competent jurisdiction in Fayette County, Georgia.

11. Taxes

11.1. The respondent will timely pay all taxes lawfully imposed upon the respondent concerning the solicitation and any resulting contract.

11.2. Fayette County Public Schools are a tax-exempt entity.

12. OSHA Compliance

12.1. The respondent warrants that the products/services supplied to FCPS shall conform in all respects to the standards set forth by the Occupational

Safety and Health Administration and the failure to comply with this condition may be considered grounds for default.

12.2. Should any product/service be determined not to comply with standards set forth by the Occupational Safety and Health Administration the respondent shall assume all liabilities including civil penalties assessed.

13. Licenses and Permits

13.1. Where respondents are required to enter or go onto FCPS property to deliver materials or perform work or services because of a solicitation, the respondent will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and insurance.

13.2. Respondent shall, at its own expense, obtain all necessary permits, give all notices, and pay all license fees and taxes as required.

13.3. Respondent shall, at its own expense, comply with all applicable local, state, and Federal laws, ordinances, rules, and regulations; as well as local building codes, ordinances, and Board of Education policies pertaining to the solicitation or resulting contract.

14. Background Check Verification Compliance

14.1. FCPS requires all vendors who perform services on any and all District property to conduct criminal background checks on all employees who will or may be physically present on District property at any time whether students are present or not.

14.1.1. Vendors must provide verification of a successful and clear background check for each employee as defined above including verification against the Georgia Sex Offender Registry.

14.1.2. Failure to provide such verification to the approval of the Purchasing Department may be grounds for rejection of solicitation response.

14.1.3. Any vendor employee prohibited from District property due to negative criminal/sexual offender history found therein will constitute cause for immediate termination of any and all contracts held by the vendor and could result in permanent debarment as defined herein.

14.2. Any criminal conduct or behavior deemed inappropriate by District staff of a vendor employee while on site may result in criminal charges, criminal trespass notification, and/or constitute cause for immediate termination of any and all contracts held by the vendor and could result in permanent debarment as defined herein.

Samples, Demonstrations, Interviews, and Testing

1. Samples

1.1. Samples of items, when required, must be furnished free of expense.

1.2. Each sample must be labeled with “SAMPLE”, the respondent’s name, solicitation title, and number.

1.3. Failure of the respondent to either deliver the required samples or identify samples as indicated may be a reason for rejection of the response.

1.4. Unless otherwise indicated, samples should be delivered to FCPS Purchasing Department per solicitation guidelines.

1.5. Samples will be retained until testing and evaluation are complete. Samples not claimed after ten (10) calendar days by the respondent following the issuance of an intent to award will become the property of FCPS.

2. Demonstrations

2.1. FCPS may request full demonstrations of requested products or services before the award of any contract.

2.2. Costs for such demonstrations or the provision thereof shall be the sole responsibility of the respondent.

3. Interviews

3.1. FCPS may request respondents interview with end-users, Purchasing Department staff, or evaluation committees as part of the evaluation process.

3.2. Costs for such interviews or the execution thereof shall be the sole responsibility of the respondent.

4. Testing

4.1. FCPS may test items for compliance with requirements.

4.2. Testing parameters are at the sole discretion and desire of FCPS.

4.3. Respondent shall assume full responsibility for payment for all charges for testing and analysis of any materials offered, delivered, or submitted.

Standards for Manufactured Goods

1. Minimum Standards

1.1. Manufactured goods made in the United States or the State of Georgia may be given preference during the evaluation process at the sole discretion of FCPS.

1.2. Goods of Foreign Manufacture: To be considered for an award, goods of foreign manufacture shall meet all requirements contained in the solicitation, shall be in stock in the continental United States, and shall be available for shipment following terms specified in the solicitation.

1.3. The respondent shall bear all costs of acquiring manufactured goods as a result of any solicitation or resulting contract, purchase order, or agreement.

1.4. FCPS will not issue payment in any form, full or partially until solicited item or service has been fully accepted to FCPS’s satisfaction.

2. Conditions and Packaging

2.1. Any item proposed or shipped as a result of the solicitation shall be new (current production model at the time of the award).

2.2. All containers shall be suitable for storage or shipment and all submitted prices shall include standard commercial packaging.

3. Underwriters Laboratories

3.1. Unless otherwise stipulated in the response, all manufactured items and fabricated assemblies shall be UL listed.

4. Brand Names and Alternates

4.1. Use of a brand name, trade name, make, model, and manufacturer or vendor catalog number in the solicitation (unless noted otherwise or listed as

“no alternates accepted”) is to establish a grade or quality of material only.

4.2. If a product other than specified is proposed, FCPS shall be the sole judge concerning the merits of the response submitted.

4.3. FCPS will not issue any approval or acceptance of alternate items or proposals before solicitation submittal and evaluation.

pg. 4 of 7 https://www.osha.gov/ https://www.osha.gov/ https://www.osha.gov/

5. Copyrights and Patent Rights

5.1. Respondent warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered because of the solicitation.

5.2. Respondent agrees to hold FCPS harmless from all liability, loss, or expense occasioned by any such violation.

6. Manufacturer’s Certification

6.1. FCPS reserves the right to request separately, or as a specification in the solicitation, from the respondent a separate manufacturer certification of all statements made in the response.

6.2. Respondent assumes all costs and actions of acquiring manufacturer certifications if requested.

6.3. Failure to do so shall constitute grounds for rejection of response.

7. Occupational and Materials Health and Safety

7.1. If items delivered require a Material Safety Data Sheet (MSDS): The MSDS shall be provided with initial shipment and shall be revised on a timely basis as appropriate.

7.2. MSDS information must be in hard copy with a notation of the manufacturer’s website address for the MSDS link.

Warranty and Support Requirements

1. Minimum Standards

1.1. FCPS asserts that warranty coverage begins at the time of payment.

1.2. FCPS is not bound by any terms or conditions in any respondent’s contract, packaging, invoices, service catalog, brochure, technical data sheet, or other documents which attempts to impose any conditions that waive, amend, abridge, abrogate, are in conflict with or are in addition to FCPS’s contractual rights as provided under state or federal law.

1.3. Any good(s) purchased under the solicitation will be defect-free in materials and workmanship and be of the quality, size and dimensions ordered.

1.4. The packaging, packing, marking, and shipping of such goods will conform to the requirements of the solicitation and as outlined in the response.

1.5. This express warranty shall not be waived because of acceptance of the goods or payment thereof by FCPS.

2. Warranty For Goods

2.1. Upon request by FCPS, the respondent further agrees within thirty (30) days to correct, without charge to FCPS, any defects in the goods which develop during the life of the warranty after acceptance and payment by FCPS.

2.2. Respondent further agrees to indemnify FCPS against damages of any sort resulting from faulty workmanship or materials by the respondent while performing any warranty or guaranty work (or by any third party performing such work for and on behalf of respondent).

2.3. Any goods or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as goods initially delivered.

Insurance Requirements

1. Duration of Insurance

1.1. All insurance required by the response shall be maintained during the entire length of the response, including any extensions, and until all service and work have been completed to the satisfaction of FCPS.

1.2. No respondent or subcontractor shall commence delivery, installation, or service of any kind under the response until all insurance requirements contained within the solicitation have been complied with and evidence supplied to FCPS.

2. Coverage as Additional Insured

2.1. FCPS shall be covered as an additional insured under all insurance required by the response. Confirmation of this shall appear on all certificates of insurance and all applicable policies.

2.2. FCPS shall be given no less than 30 days’ notice of any insurance cancellation, changes, or renewals.

3. Provider Rating Standards

3.1. For the response, regardless of risk, companies providing insurance for respondents must have an A.M. Best company rating not less than “A” and be in a financial size category not less than Class IX.

3.2. Evidence of the current A.M. Best Company Rating may be required by including a copy of the rating page for the insurance company.

4. Failure to Comply

4.1. In the event the respondent neglects, refuses, or fails to provide the insurance as required by the response or if such insurance is canceled for any reason, FCPS shall have the right, but not the duty, to procure the same, and the cost, therefore, shall be deducted from money then due or thereafter to become due to the vendor or FCPS shall have the right to cancel the response.

4.2. Failure to comply with insurance standards may result in the respondent being declared in default and any resulting order, agreement, or contract canceled with no loss to FCPS.

5. Workers’ Compensation Insurance Requirements

5.1. The respondent shall procure and maintain workers compensation and employer's liability insurance to cover every employee who is or may be engaged in work under the response in the limits listed below:

5.1.1. Bodily injury by accident - $100,000 each accident

5.1.2. Bodily injury by disease - $100,000 each employee; $500,000 policy limit

6. Commercial General Liability Insurance Requirements

6.1. The respondent shall procure and maintain comprehensive insurance in an amount not less than $1,000,000 for bodily injury and property damage combined single limit. The following specific extensions of coverage shall be provided and indicated on the certificate of insurance:

6.1.1. Commercial general liability

6.1.2. Premises operations

6.1.3. Completed operations

6.1.4. Contractual liability insurance (to cover breach of response)

6.1.5. Personal injury

7. Broad Form Property Damage Coverage Requirement

7.1. This coverage shall cover the use of all equipment, hoists, and vehicles on the site/sites not covered by automobile liability under the contract.

Policy coverage must be on an occurrence basis.

8. Automobile Liability Coverage Requirements

8.1. Automobile liability must include any auto, hired autos, and non-owned autos with a combined single limit of $1,000,000.00 per occurrence.

Aggregate must be a minimum of $1,000,000.00.

9. Certificate of Insurance (COI)

9.1. If requested, the respondent must provide a current COI before any work or service is performed on FCPS property conforming to the insurance guidelines contained herein, and any contained in solicitation special terms and conditions.

pg. 5 of 7 http://www.ambest.com/home/default.aspx

10. Liability

10.1. Respondent shall be liable for any damage or loss to FCPS incurred in the completion of respondent’s contract or obligations as a result of their response.

10.2. Notwithstanding the foregoing, the liability herein shall be limited to $10,000,000 and the respondent recognizes that the resulting agreement will receive consideration for indemnification provided herein.

11. Indemnification

11.1. Respondent hereby waives, releases, relinquishes, discharges, and agrees to indemnify, protect and save harmless members of the Fayette County School District, Fayette County Public Schools, and Fayette County Board of Education and its officers, agents, and employees (hereinafter collectively referred to as “Indemnities”), of and from all claims, demands, liabilities, loss, costs or expenses for any loss or damage (including but not limited to reasonable attorneys’ fees) growing out of, or otherwise occurring in connection with this response, due to any act or omission on the part of the respondent, its agents, employees, subcontractors, or others working at the direction of the respondent or on its behalf; or due to any breach of this response by the respondent; or due to the application or violation of any pertinent Federal, State or local law, rule or regulation by the respondent, its agents, employees, subcontractors, or others working at the direction of the respondent or on its behalf.

11.2. This indemnification shall apply although the indemnities may be partially responsible for the situation giving rise to the claim.

11.3. This indemnification shall apply even though a claim results in a monetary obligation that exceeds any contractual commitment.

11.4. This indemnification shall not apply if the situation giving rise to the claim results solely from the negligence or willful acts of indemnities.

11.5. This indemnification extends to the successors and replaced assignees of the respondent, and this indemnification and release survive the duration of this response, the termination of this response, and the dissolution or, to the extent allowed by law, the bankruptcy of the respondent.

12. Hold Harmless Agreement

12.1. Through the submission of a response or acceptance of an award, contract, order, or agreement the respondent shall hold harmless FCPS from all claims, suits, actions, damages, liability, and expenses in connection with 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 response.

12.2. The respondent’s obligation shall not be limited by or in any way to, any insurance coverage or by any provision in or exclusion or omission from any policy of insurance.

Subcontracting

1. Subcontracting Guidelines

1.1. Except as may be generally or specifically permitted by the solicitation, the respondent shall not delegate, subcontract, assign, or otherwise permit anyone other than respondent personnel to perform any of the work and/or provide any of the services required of the respondent under this response or resulting contract or assign any of its rights or obligations herein. As such the following applies:

1.1.1. Consent of FCPS to use subcontractors must be obtained, which may be granted or withheld by FCPS at its sole discretion.

1.1.2. The respondent must notify FCPS of all subcontractors used to fulfill the submitted response, including those contracted by their agents (such as delivery services).

2. Subcontractor Standards

2.1. Subcontractors must meet all standards contained herein as well as those specific to the accompanying solicitation.

Contract Restrictions & Requirements

1. Legal Background

1.1. Fayette County Public School’s status as a local education agency imposes certain restrictions on its contracting activities that a private school or company does not face. Many standard clauses typically found in commercial contracts can not be accepted by the District. The restrictions are based on constitutional and statutory prohibitions. The following provisions are some of the most common provisions that the District may strike through when negotiating an agreement or contract.

2. Indemnification and/or Hold Harmless Restriction

2.1. Fayette County Public Schools are constitutionally prohibited from agreeing to indemnify third parties. Indemnification provisions have been determined to violate the prohibition against pledges of the State’s credit and the prohibition against gratuities by the State. (Ga. Const. Art. VII, Sec. IV, Par. VIII; Ga. Const. Art. III. Sec. VI, Par. VI; 1980 Op. Att’y Gen. 80-67; Op. Att’y Gen. 74-115)

2.2. Indemnification provisions have also been determined to be invalid as an unauthorized attempt to contractually waive the State’s…