RFP 22-538 Solicitation Docume

1701 MOUNTAIN INDUSTRIAL BOULEVARD, STONE MOUNTAIN, GEORGIA 30083

https://dekalbschoolsga.ionwave.net/Login.aspx

January 13, 2022

REQUEST FOR PROPOSALS (RFP) 22-538

TOWING SERVICES

PROPOSAL SUBMISSION DEADLINE - 2:00 PM, TUESDAY, FEBRUARY 15, 2022

PUBLIC PROPOSAL ACKNOWLEDGEMENT - 3:00 PM, TUESDAY, FEBRUARY 15, 2022

DeKalb County School District

Purchasing/Finance Department 1701 Mountain Industrial Boulevard

Stone Mountain, Georgia 30083

PROPOSALS RECEIVED AFTER THE DEADLINE SHALL BE CONSIDERED

NON-RESPONSIVE AND REJECTED.

PROPOSALS TO BE ACKNOWLEDGED VIRUTALLY AT THE FOLLOWING TIME/LOCATION:

3:00 PM, Tuesday, February 15, 2022

DeKalb County School District Finance Conference Room

1701 Mountain Industrial Blvd.

RFP Contact Person is: Carla L. Smith at 678.676.0120 or Phyllis Jones at 678.676.0285 or email purchasing at solicitationquestions@dekalbschoolsga.org

THE PERSON SIGNING THIS RFP MUST BE LEGALLY AUTHORIZED TO BIND THE COMPANY.

COMPANY NAME ____________________________________________________ _________________________________________________________

PRINT CERTIFYING/ENGAGING COMPANY OFFICIAL’S NAME

ADDRESS ___________________________________________________________ _________________________________________________________

SIGNATURE OF CERTIFYING/ENGAGING COMPANY OFFICIAL

TITLE OF CERTIFYING/ENGAGING COMPANY OFFICIAL

AREA CODE, TELEPHONE NO., AND EXTENSION _____ _____ - ______ ______ _____ _____ _____ _____ _____

FEDERAL I.D. NUMBER

OFFEROR FAX NUMBER DATE

OFFEROR E-MAIL ADDRESS___________________________________________ OFFEROR WEB ADDRESS___________________________________

Time is of the essence. Specify your earliest __________ and latest __________ service commencement dates after receipt of award letter.

mailto:solicitationquestions@dekalbschoolsga.org

RFP 22-538 TOWING SERVICES PAGE 2

SUPPLIER NAME/ CERTIFYING OFFICIAL SIGNATURE

Approval by the DeKalb County Board of Education Official approval by the DeKalb County Board of Education is required for this procurement. No contract shall be construed to be formed without the advance official approval of the DeKalb County Board of Education. The successful offeror will be notified after DeKalb County Board of Education approval.

Funding Provisions No award or contract will be made if funding is not approved by the DeKalb County Board of Education.

Compliance With Requirements Offeror must indicate below whether or not their proposal is in complete compliance with the stated requirements.

If there are any deviations from these requirements, offeror must indicate in writing what the exact deviations are and what actual services will be provided. Attach and label additional sheets if necessary.

___ Proposal is in complete compliance with proposal requirements.

___ Proposal deviates from stated requirements as follows:

Cancellation Awards, contracts, and renewals may be canceled for convenience by the DeKalb County School District (DCSD) at any time. In the event of termination of contract by DCSD, the DCSD will be responsible only for those services that have been delivered and accepted according to the RFP requirements. Any cancellation for convenience by DCSD shall be effective three (3) business days after receipt of the Notice of Cancellation for convenience from DCSD by the Offeror.

Fiscal Year Funding Implications The fiscal year for DCSD begins July 1 and ends June 30. This solicitation and any resulting contract(s) may contain renewal options. This solicitation, any resulting contract(s), and any renewal options shall terminate absolutely without further obligation on the part of DCSD at the end of the fiscal year in which this solicitation was issued and at each June 30 renewal anniversary date thereafter unless the successful offeror is notified otherwise and agrees in writing to the exercise of renewal options.

Payment to Successful Vendor(s) Payment for goods and services will be made by electronic funds transfer (EFT) or ACH Paymode.

Vendor(s)/Supplier(s) doing business with DCSD are required to provide payment information when registering as a DCSD vendor at: https://www.dekalbschoolsga.org/purchasing/. Offerors must sign below acknowledging the above statement.

Signature of Engaging Official: ______________________________________________

Date: _________________ ______________________________________________ (Supplier Name / Certifying Official Signature) https://www.dekalbschoolsga.org/purchasing/

RFP 22-538 TOWING SERVICES PAGE 3

Rights Reserved DCSD reserves the right to accept or reject any and/or all parts of responsive proposals received and/or to reject all proposals submitted. DCSD reserves the right to award any resulting contract in the manner that is in the best interest of and most advantageous to DCSD. DCSD reserves the right to waive any technicalities or minor irregularities in responses received and to award the contract in the most beneficial manner for DCSD. The decision of DCSD shall be final. DCSD reserves the right to request and negotiate a “best and final” response from offerors.

Taxes Purchases made by DCSD are not subject to federal, state, or local sales tax. A Sales Tax Exemption Certificate will be furnished upon request.

F.O.B. Delivery All prices are to be F.O.B. delivery to various DCSD locations.

Estimated Quantities The quantities shown in this RFP document are estimates, which are provided for your information. However, actual quantities purchased by DCSD may vary.

Exclusions of Trade Usages This RFP contains all of the terms, conditions and obligations to which the parties agree, and shall not be modified, controlled, explained, supplemented or affected in any way by any usage of trade not expressly included in this agreement.

No Obligation/No Award Guaranteed/Cost to Propose The contract, if any, will be awarded to the offeror whose proposal offers the best value to DCSD in meeting the required scope of work described herein, if the appropriate funds are available and the contract is approved by the DeKalb County Board of Education. No obligation or commitment is incurred by the DeKalb County Board of Education from the receipt of any proposal, marketing materials, or presentations. There is no guarantee that any offeror will receive an award as a result of submitting a proposal. Any/all costs incurred by the offeror in preparation and submission of this proposal are the sole responsibility of the offeror. Expenses incurred by the offeror will not be reimbursed by DCSD or become a reason for contracting with the offeror. Offeror must sign below acknowledging the above statement:

Signature of Engaging Official: ___________________________________________ Date: _____________ (Company Name / Certifying Official Signature)

Conditional Proposals Proposals that are conditional and/or in any way qualify or vary from the terms of these instructions, conditions, and specifications shall be considered non-responsive and disqualified.

Offeror Failure In the event services to be furnished by the successful offeror should for any reason fail to conform to the scope of work contained herein, DCSD reserves the right to reject the services and further reserves the right to terminate the contract.

Failure of the successful offeror to perform contracted services may also result in the removal of that offeror from doing business with DCSD for a period of not less than one year.

RFP 22-538 TOWING SERVICES PAGE 4

Georgia Open Records Act All proposals submitted in response to DCSD solicitations may be subject to the Georgia Open Records Act, which permits any member of the public to inspect and/or copy documents prepared and maintained or received in the course of the operation of the public office or agency.

No Assignment of Award The successful offeror may not assign the award or contract to or subcontract with another party without the express written permission of DCSD.

The Laws of the State of Georgia This RFP and subsequent agreement are subject to the laws of the State of Georgia.

Additional Terms In the event an award is made to an offeror, the resulting contract shall not depart from this document unless agreed to in writing by DCSD and the successful offeror. DCSD shall not be bound by additional terms and conditions and/or extraneous language added to this document by offerors.

ALL SOLICITATIONS ISSUED BY DCSD ARE ADVERTISED IN THE LEGAL SECTION OF THE

CHAMPION NEWSPAPER, (404) 373-7779, POSTED ON THE IONWAVE DCSD WEBSITE,

DEMAND STAR AND POSTED IN THE TEAM GEORGIA MARKETPLACE’S GEORGIA

PROCUREMENT REGISTRY. Offerors are solely responsible for reviewing and making themselves aware of DCSD solicitations posted on the following website:

Proposal responses will be received in the Purchasing Office between the hours of 8:30 AM and 4:30 PM only, Monday through Friday, excluding DCSD holidays, furlough days, and inclement weather closings.

DCSD is not responsible for misdirected mail, mail not received, and/or mail delivered late by designated carriers.

PROPOSALS RECEIVED IN THE PURCHASING OFFICE AFTER THE STATED DEADLINE DATE

AND TIME SHALL BE CONSIDERED NON-RESPONSIVE AND REJECTED.

PROPOSALS DELIVERED TO ANY SCHOOL OR LOCATION OTHER THAN THE DCSD

PURCHASING DEPARTMENT SHALL BE CONSIDERED NON-RESPONSIVE AND REJECTED.

PROPOSALS THAT ARE DELIVERED BY EXPRESS CARRIER (e.g., FEDEX, UPS) AND

RECEIVED IN THE DCSD MAILROOM WITH VERIFYING SIGNATURE BEFORE THE SCHEDULED

PROPOSAL DEADLINE SHALL BE CONSIDERED RESPONSIVE AND ENTERED INTO THE

PROPOSAL TABULATION.

RFP 22-538 TOWING SERVICES PAGE 5

LABELS WITH THE PROPER IDENTIFICATION INFORMATION ARE PROVIDED IN YOUR

REQUEST FOR PROPOSAL PACKAGE FOR YOUR CONVENIENCE AND USE. YOU MAY ALSO

DOWNLOAD LABELS FROM THE DCSD WEBSITE BY CHOOSING ATTACHMENT 1 AT:

SEALED PROPOSAL RESPONSES MUST BE CORRECTLY ADDRESSED AS SHOWN ON THE

REQUEST FOR PROPOSAL COVER SHEET.

BOXES OR EXPRESS CARRIER PACKAGES CONTAINING SEALED PROPOSALS MUST BE

CORRECTLY ADDRESSED AS WELL.

PROPOSALS RECEIVED BY TELEGRAM, FACSIMILE, E-MAIL, OR TELEPHONE WILL NOT BE

ACCEPTED.

RFP 22-538 TOWING SERVICES PAGE 6

NOTICE TO OFFERORS

FOR SECURITY REASONS, ALL OFFERORS ATTENDING THE PUBLIC PROPOSAL

ACKNOWLEDGEMENT MUST REGISTER AT THE FIRST FLOOR FRONT DESK AT 1701

MOUNTAIN INDUSTRIAL BOULEVARD, STONE MOUNTAIN, GEORGIA 30083, BEFORE

ATTENDING THE PROPOSAL ACKNOWLEDGEMENT.

ALL OFFERORS SUBMITTING SEALED PROPOSALS IN PERSON TO THE PURCHASING

DEPARTMENT MUST HAVE THEIR SEALED PROPOSALS STAMPED WITH THE DATE AND

TIME BY A PURCHASING DEPARTMENT REPRESENTATIVE AND MUST LEAVE THEIR

SEALED PROPOSALS IN THE CARE OF A PURCHASING DEPARTMENT REPRESENTATIVE.

PURCHASING DEPARTMENT REPRESENTATIVES WILL ISSUE RECEIPTS FOR SEALED

PROPOSALS IF REQUESTED.

SEALED PROPOSALS LEFT RANDOMLY AT THE BUILDING, THE DIVISION OF FINANCE OR

THE PURCHASING DEPARTMENT WITHOUT BEING DATE AND TIME STAMPED OR WITHOUT

ENSURING A PURCHASING DEPARTMENT REPRESENTATIVE TAKES POSSESSION OF

SAME SHALL BE CONSIDERED NON-RESPONSIVE AND REJECTED.

ANY CLAIM BY PROPOSING ENTITY OF ERROR IN THEIR PROPOSAL MUST BE MADE

BEFORE PROPOSALS ARE OPENED, OR THE CLAIM SHALL BE DEEMED WAIVED. ANY

PROPOSING ENTITY MAY WITHDRAW THEIR PROPOSAL AT ANY TIME BEFORE THE TIME

AT WHICH PROPOSALS ARE DUE AND THE REQUEST FOR PROPOSALS IS CLOSED AND,

HAVING DONE SO, NO PROPOSING ENTITY WILL BE PERMITTED TO RESUBMIT A

PROPOSAL.

RFP 22-538 TOWING SERVICES PAGE 7

1701 MOUNTAIN INDUSTRIAL BLVD, STONE MOUNTAIN, GEORGIA 30083

REQUEST FOR PROPOSALS

RFP 22-538

TOWING SERVICES

RFP 22-538 TOWING SERVICES PAGE 8

TABLE OF CONTENTS

DCSD Solicitation Boilerplate ....................................................................................... 1-6 RFP Cover Page Table of Contents ......................................................................................................... 8-9 Attachments ............................................................................................................. 30-60

PART I – BACKGROUND AND INFORMATION

A. Objectives B. General Information C. Procurement Process……………………………………………………………………...11 D. Addenda E. Proposal Deadlines F. Schedule of Events G. Format and Submission of Proposals ................................................................. 11-12 H. Proposal Contact Persons I. Prohibited Contacts J. Questions and Answers ...................................................................................... 13-14

PART II – GENERAL REQUIREMENTS

A. Offeror Performance B. News Release C. Non-Discrimination D. Drug Free Workplace E. Smoke Free Workplace F. Costs Incurred .................................................................................................... 15-16 G. Insurance ............................................................................................................ 16-18 H. Indemnification .................................................................................................... 18-19 I. Illegal Immigration Reform and Enforcement Act of 2011 ................................... 19-20 J. Interviews K. Contract Terms L. Permits and Applicable Laws M. Infringement N. Ownership Rights O. Non-Collusion P. Conflict of Interest ............................................................................................... 21-22 Q. No Obligation/No Contract Guaranteed R. Confidentiality and Non-Disclosure

RFP 22-538 TOWING SERVICES PAGE 9

TABLE OF CONTENTS (CONT’D)

PART III – SCOPE OF WORK

A. Scope of Work and Requirements B. Project Scope of Work…..………………………………………………………………25 C. Company Profile………………………………………………………………………….25 D. Background Check…………………………………………………………………...25-26 E. References………………………………………………………………………………..26 F. Brochures, Catalogs, Manuals, Websites, Literature…………………………….….26 G. Added Value H. Authorization to Sell……………………………………………………………………..26

I. Evaluation Criteria ....................................................................................... 26-27 J. Payments K. Transition Plan ............................................................................................ 27-28 L. Required Content / Document Checklist…………………………………………..28-29

ATTACHMENTS

Attachment A – Cost Sheet………………………………………………………… Attachment B – Critical Paragraph…………………………………………………………..31 Attachment C – Offeror’s Client Reference Form………………………………………….32 Attachment D – Statement of Confidentiality and Non-Disclosure……………………….33 Attachment E – Suspension and Debarment Certification………………………………...34 Attachment F – Illegal Immigration Reform and Enforcement Act of 2011 Certification………………………………………………………………35-40 Attachment G – Standard Form Agreement……………………………………………..41-59 Attachment H – Signature Page……………………………………………………………...60

Final Page…………………………………………………………………………………….61

RFP 22-538 TOWING SERVICES PAGE 10

PART I

BACKGROUND AND INFORMATION

A. OBJECTIVES

The DeKalb County School District (DCSD) is seeking highly qualified, experienced, capable, fully licensed, and responsible Tow service providers to provide towing on all DCSD school buses and support fleet vehicles on an as needed and on-call basis.

B. GENERAL INFORMATION

DCSD is a metropolitan Atlanta public school system organized and existing under the Constitution and laws of the State of Georgia. DCSD is located in the fourth largest county in Georgia. DeKalb County is one of the most culturally diverse counties in the nation. DCSD has a student enrollment of nearly 96,000 students in pre-kindergarten through grade 12. With 139 schools and centers, DCSD educates the third largest pre-kindergarten through grade 12 student population in the State of Georgia. DCSD is the second largest employer in DeKalb County with over 15,500 full and part time employees.

DCSD includes approximately:

79 Elementary Schools

19 Middle Schools

20 High Schools

9 Start-up Charter Schools

2 Conversion Charter Schools

13 Specialized Learning Centers

8 Administrative Centers; and

5 Athletic Stadiums

C. PROCUREMENT PROCESS

The procurement will be on a formally advertised basis. Proposals must be responsive to all aspects of this RFP.

D. ADDENDA

It is the responsibility of offerors to frequently check for any addenda, questions, and answers posted on the Purchasing Bulletin Board on the DCSD website. Failure on the part of offerors to make themselves aware of and comply with addenda requirements will not relieve them of this obligation, this is a Mandatory Requirement. All posted addenda must be printed, signed by the offeror, and included in the offeror’s RFP submission. Click on the following link to the Purchasing Bulletin Board:

RFP 22-538 TOWING SERVICES PAGE 11

E. PROPOSAL DEADLINES

Proposals in response to this RFP must be received by the DCSD Purchasing Department at 1701 Mountain Industrial Boulevard, Stone Mountain, Georgia 30083, no later than 2:00 PM, Tuesday, February 15, 2022. Proposals received after the stated deadline will not be considered.

Proposals will be acknowledged virtually on Tuesday, February 15, 2022 at 3:00 PM.

F. SCHEDULE OF EVENTS

1st Consecutive Ad in Legal Organ Thursday, January 13, 2022 2nd Consecutive Ad in Legal Organ Thursday, January 20, 2022 Deadline for Offerors to Submit Questions Monday, January 31, 2022, 12:00 Noon Posted Responses to Questions Friday, February 4, 2022, 4:30 PM RFP Submission Deadline Tuesday, February 15, 2022, 2:00 PM Virtual RFP Public Acknowledgment Tuesday, February 15, 2022, 3:00 PM Responses to questions will not be posted on official DCSD holidays or furlough days.

G. FORMAT AND SUBMISSION OF PROPOSALS

The format requirements for RFP responses are designed to ensure uniformity in the responses, provide the information necessary to understand each offeror’s proposal, and facilitate an efficient and comprehensive evaluation of all responses. Proposals must comply with the specifications and detailed instructions stated in this RFP document, be signed by the certifying company official, and be presented to the DCSD Purchasing Department according to the detailed instructions stated in this document.

● Proposals must be presented in a three-ring binder with tabs separating the required sections. All attachments must be identified properly for easy recognition and association.

Each page of the response must be numbered, and the offeror’s company name must appear in the lower right-hand corner of each page.

● Each proposal must contain a detailed Table of Contents and must be organized in the same order as the requirements are outlined in this RFP document. Each separate bullet point must be addressed individually. A response that does not adhere to a “point-by-point” format may be disqualified.

● Responses shall be organized simply and economically. Emphasis must be placed on completeness and clarity. Proposals that do not include all required information may be disqualified.

● RFP responses must be submitted in a sealed container plainly addressed as shown below.

Containers not properly labeled as shown below will not be opened or considered.

RFP 22-538 TOWING SERVICES PAGE 12

SEE REQUIRED CONTENT / DOCUMENT CHECKLIST – PAGE 30.

Proposals must be sealed and clearly labeled and addressed as shown below:

SEALED PROPOSAL IDENTIFICATION LABEL: SEALED PROPOSAL ADDRESS LABEL:

This information must appear in the lower LEFT This information must appear in the mailing corner of your sealed proposal container (whether address area of your sealed proposal container envelope, box, express carrier package, etc.) (whether envelope, box, express carrier package.)

Boxes, express carrier packages and any other containers enclosing sealed proposals must ALSO be clearly labeled as shown above.

Sealed proposals MUST be received by the DCSD Purchasing Department by the DEADLINE stated in this solicitation. Offerors submitting proposals in person must have the date and time stamped on their sealed proposals by a Purchasing Department representative. Sealed proposals must be placed in the care of a Purchasing Department representative.

Failure to follow these sealed proposal label and submission requirements may cause proposals to be declared non-responsive and rejected.

Offerors are required to submit one (1) original, one (1) duplicate copy and (1) electronic copy (flash drive) of the proposal. One (1) duplicate copy is required to be submitted with the original in a sealed package. It is recommended that the copies be made after the original is complete and fully executed (signed and initialed) by the offeror’s authorized representative.

The electronic copy (flash drive) shall be submitted in pdf format (OCR) and organized in the same format as the original submission with each Chapter or Section of the original having a corresponding Electronic File.

Submit all responses to:

Carla L. Smith, Purchasing Manager Purchasing Department DeKalb County School District 1701 Mountain Industrial Boulevard

RFP responses will NOT be accepted at any other DCSD location.

(SEALED PROPOSAL RESPONSE)

Purchasing Department 1701 Mountain Industrial Blvd Stone Mountain, GA 30083 ATTN: Carla L. Smith

(SEALED PROPOSAL RESPONSE)

RFP Number: RFP 22-538 Towing Services

RFP Due Date: February 15, 2022 2:00 PM (EST) Company Name:

Company Mailing Address:

Contact Person Name:

Contact Telephone No.: (__)_______________________ Email Address:_________________________________________

RFP 22-538 TOWING SERVICES PAGE 13

HAND DELIVERY SUBMISSION OF PROPOSALS: Prior to the submission deadline of Tuesday, February 15, 2022 at 2:00PM EST, an appointment must be scheduled with the Purchasing Department by submitting an email request to solicitationquestions@dekalbschoolsga.org. Please enter “Proposal Submission Appointment – RFP 22-538 Towing Services” in the subject line of your email. All appointments must be scheduled on a Monday, Tuesday, Thursday or Friday between 9:00AM-12:00PM Noon, before the February 15, 2022 proposal deadline. A confirmation of the appointment will be sent via email.

VIRTUAL PUBLIC ACKNOWLEDGMENT: The public acknowledgment will be held virtually through Microsoft Teams on Tuesday, February 15, 2022 at 3:00PM EST. Those who would like to attend the acknowledgement, please register no later than Monday, February 14, 2022 by 4:00PM EST, by sending an email to solicitationquestions@dekalbschoolsga.org. Please enter “Public Acknowledgement - RFP 22-538 Towing Services” in the subject line of your email. An invitation will be sent to those participants no later than Tuesday, February 15, 2022 by 10:00AM EST.

H. PROPOSAL CONTACT PERSONS

The assigned contact persons for offerors are Carla L. Smith, Purchasing Manager and Phyllis Jones, Buyer, for the Department of Purchasing. Ms. Smith can be reached at 678.676.0120 or by email at solicitationquestions@dekalbschoolsga.org. Ms. Jones can be reached at 678.676.0285.

I. PROHIBITED CONTACTS

Except with the consent of the proposal contact person, all offerors, including any persons affiliated with or in any way related to the offeror, are strictly prohibited from contacting DeKalb County Board of Education members and DCSD employees or consultants on any matter having to do in any aspect with this RFP, other than as provided herein. Any and all contacts with such persons associated with DCSD shall be in writing, in appropriate circumstances or cases, as directed by the contact person.

Furthermore, no employee, officer, or agent of the DeKalb County Board of Education or DCSD may participate in the selection, award or administration of a contract if he or she has a real or apparent conflict of interest.

Board Member Communication with Prospective Vendors Vendors shall not contact Board members individually for the purpose of soliciting a purchase or contract between the time a request for proposal is formally released and a recommendation is made by the administration to the Board. If a vendor violates this prohibition during this timeframe, consideration for the vendor for award shall be invalidated. Board members shall be notified of possible violations and actions taken.

J. QUESTIONS AND ANSWERS

It is intended that this RFP be adequate for any offeror to respond to DCSD’s requirements. However, should offerors have questions all questions shall be submitted electronically to: Carla L. Smith at solicitationquestions@dekalbschoolsga.org. Questions submitted to any other mail box, voice mail or e-mail address will not be considered for response. The deadline to submit questions is Monday, January 31, 2022. Questions received after the deadline will not be considered. All questions received about:blank about:blank

RFP 22-538 TOWING SERVICES PAGE 14

by 12 Noon, on January 31, 2022 will be answered in writing and both the questions and answers will be posted to the following website on or before Friday, February 4, 2022 4:30 PM.

https://dekalbschoolsga.ionwave.net/Login.aspx .

RFP 22-538 TOWING SERVICES PAGE 15

PART II

GENERAL REQUIREMENTS

A. OFFEROR PERFORMANCE

The successful offeror is required to perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of this RFP document and any negotiated contract(s). Specifications contained herein and in the successful response will become contractual obligations, if an award ensues. Failure of the offeror to fully perform these obligations may result in cancellation of the award and contract.

DCSD will look to the offeror and his/her identified personnel to coordinate and deliver the services described in this RFP. The services shall not be delegated to subofferors or assigned to any third party.

B. NEWS RELEASE

Any news release or publicity pertaining to any phase of this project must be cleared through the DCSD Chief Communications and Community Relations Officer.

C. NON-DISCRIMINATION

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

DCSD supports an open, fair, and impartial free-market system which maximizes competition and seeks to include all responsible businesses and to provide ample opportunities for business growth and development. Minority businesses are encouraged and given the opportunity to bid on various projects;

however, all responses will be evaluated on the same criteria. It is not the intention or desire of DCSD to restrict or impede competition, nor to increase the cost of the work.

D. DRUG-FREE WORKPLACE

By submission of a response to this RFP, the offeror certifies that he/she and his/her employees shall not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of controlled substance or drugs during the performance of the contract.

E. SMOKE-FREE WORKPLACE

By submission of a response to this RFP, the offeror certifies that he/she and his/her employees shall not use tobacco products on DCSD property at any time during the performance of this contract.

F. COSTS INCURRED

DCSD is not liable for any costs incurred by an offeror in preparing and/or submitting a response to this RFP or for any interview if requested. Any and all costs incurred by the offeror in preparing and/or submitting a response to this RFP and interviewing with DCSD (if requested) shall be the sole responsibility of the offeror and shall not be reimbursed by DCSD.

RFP 22-538 TOWING SERVICES PAGE 16

There is no guarantee of any offeror receiving an award as a result of submitting a response to this

RFP.

G. INSURANCE

The DCSD Risk Manager sets insurance and indemnification requirements for each Solicitation.

Certificate of Insurance / Accord Form is required with solicitation submittal. Provision of Certificate of Insurance is a mandatory requirement. Proposals submitted with certificates of insurance will be considered conditionally responsive to the insurance and indemnification requirement. Final award of this RFP will be contingent upon receipt within six (6) business days of request for insurance documentation complete with the following requirements and fully acceptable to the DCSD Risk Manager. No work will commence / no purchases will be made without the written statement of approval of insurance coverage from the DCSD Risk Manager. In the event the awarded offeror cannot produce insurance coverage acceptable to the Risk Manager within the time provided, DCSD reserves the right to award this solicitation to the first runner-up.

(1) The successful Offeror shall procure and maintain throughout the term of this agreement a policy or policies of insurance providing coverage as set forth below that shall protect the offeror and the Indemnitees (as defined in Part II, Section I of this RFP) from any claims for bodily injury, property damage, or personal injury which may arise out of offeror’s operations under this agreement. The foregoing policies shall be obtained from insurance companies approved to do business in the State of Georgia and companies acceptable to DCSD. Offeror shall procure the insurance policy(ies) at the offeror’s own expense and shall furnish to DCSD a certificate of insurance containing the following:

(a) Name and address of authorized agent;

(b) Name and address of insured;

(c) Name of insurance company;

(d) Description of coverage in standard terminology;

(e) Policy period;

(f) Policy Number;

(g) Limits of liability;

(h) Name and address of certificate holder;

(i) Acknowledgment to the DCSD of notice of expiration or cancellation;

(j) Signature of authorized agent;

(k) Telephone number of authorized agent; and

(l) Details of policy exclusions applicable to this agreement in comments section of insurance certificate.

All certificates evidencing primary and excess layers shall be renewed and kept current and up to date on an annual basis.

RFP 22-538 TOWING SERVICES PAGE 17

(2) Offeror is required to maintain the following insurance coverage during the term of this agreement:

(a) Workers Compensation Insurance in the amounts of the statutory limits established by the

General Assembly of the State of Georgia. Offeror shall have the ability to self-insure its required workers compensation coverage if offeror is an approved self-insurer in the State of Georgia.

(b) Comprehensive General Liability Policy, or equivalent coverage, to include products and completed operations liability and contractual liability. The Comprehensive General Liability Policy shall have dollar limits sufficient to insure that there is no gap in coverage between this policy and any excess or Commercial Umbrella Policy described below.

(c) Comprehensive Auto Policy to include but not be limited to liability coverage on any owned, non-owned and hired vehicle used by offeror or offeror’s personnel in the performance of this agreement. The Comprehensive Automobile Policy shall have dollar limits sufficient to insure that there is no gap in coverage between this policy and the excess or Commercial Umbrella Policy required under this agreement.

(d) Commercial Umbrella or Excess Liability Policy, which must provide the same or broader coverage than those provided for in the above Comprehensive General Liability and Business Auto Policies. Policy limits for the Commercial Umbrella or Excess Liability Policy shall have an annual aggregate limit not less than $2,000,000.

(e) Under all coverage and certificates required hereunder, policies shall or be endorsed to include the following terms and conditions:

(i) All policies and coverage shall be on an “occurrence” not “claims made” basis.

(ii) The foregoing policies shall contain a provision that coverage afforded under the policies will not be canceled, or not renewed, allowed to lapse for any reason until at least sixty

(60) days prior written notice has been given to DCSD.

(iii) Shall waive all right of subrogation against Indemnitees (as defined in Part II, Section I of this RFP) for losses arising out of this agreement.

(iv) A severability of interest or cross liability clause or endorsement applies to commercial general liability and excess liability policies.

(v) Certificates of Insurance showing such coverage to be in force shall be filed with DCSD prior to commencement or continuation of any work under this agreement.

(vi) All such coverage shall remain in full force and effect during the term and any renewal thereof.

(f) Under coverage and certificates required under Sections 2(a), 2(b), (c), and (d) above, RFP 22-538 TOWING SERVICES PAGE 18 policies shall be endorsed to include the following terms and conditions:

(i) Minimum limits of $1,000,000 per occurrence $2,000,000 in the annual aggregate.

Primary limits of coverage in the amount of $1,000,000 per occurrence must be with insurers approved to conduct business in the State of Georgia. Excess or umbrella liability insurance may be placed with any insurer submitted by offeror, including captive or self-insured programs, with the prior written approval of DCSD.

(ii) Contractual liability coverage, specifically referencing this agreement and its Indemnity, applies to liability assumed by the named insured.

(iii) Shall include Indemnitees as additional insured.

(iv) Shall waive all right of subrogation against Indemnitees (as defined in Part II, Section I of this RFP) for losses arising out of this agreement.

(v) A severability of interest or cross liability clause or endorsement applies to commercial general liability and excess liability policies.

(vi) Shall be primary and not excess to any other coverage provided by or available to the Indemnitees (as defined in Part II, Section H of this RFP).

(g) Offeror shall require any and all subofferors performing work under this agreement to carry insurance of the types and with limits of liability as offeror shall deem appropriate and adequate for the work being performed. However, the obligations of the offeror to the Indemnitees assumed in Sections of Indemnification, and Insurance shall not be reduced or diminished by the standards set for the subofferors. Further, offeror agrees that their obligations to indemnify and insure the Indemnitees shall pertain to all losses arising out of the subofferor’s acts or negligence in the same manner and to the same extent as if committed by the offeror. Offeror shall obtain and make available for inspection by DCSD, current certificates of insurance evidencing insurance coverage by such subofferors.

H. INDEMNIFICATION

The successful offeror shall indemnify, defend, and hold harmless the DeKalb County School Board, the DeKalb County School District, DCSD, and their officials, officers, employees, agents, volunteers, and assigns (all of whom may collectively be referred to as "Indemnitees" throughout this RFP), from any and all claims, demands, suits, actions, legal or administrative proceedings, losses, liabilities, costs, interest, and damages of every kind and description, including any attorneys’ fees and/or litigation and investigative expenses, for bodily injury, personal injury, (including but not limited to offeror’s employees), or loss or destruction of property (including loss of use, damage or destruction of DCSD owned property) to the extent that any such claim or suit was caused by, arose out of, or contributed to, in whole or in part, by reason of any act, omission, professional error, fault, mistake, or negligence whether active, passive or imputed, of the offeror its employees, agents, representatives, or their

RFP 22-538 TOWING SERVICES PAGE 19

employees, agents, or representatives in connection with or incidental to offeror’s performance of the agreed-upon services regardless of whether such liability, claim, damage, loss, cost or expense is caused in part by an Indemnitee.

The successful offeror shall also indemnify, defend, and hold harmless the Indemnitees from any and all costs, expenses, claims, demands, rights, liabilities and causes of action inuring to offeror from events over which the Indemnitees exercise no control, such as Acts of God, strikes or government restrictions.

Offeror's obligation to indemnify any Indemnitee shall survive the completion, expiration, or termination of offeror’s agreed-upon services for any reason.

I. ILLEGAL IMMIGRATION REFORM AND ENFORCEMENT ACT OF 2011 (MANDATORY

REQUIREMENT)

The Illegal Immigration Reform and Enforcement Act of 2011 applies to and is a requirement for all DeKalb County School District solicitations for physical performance of services (i.e. public works contracts).

Offerors must complete and/or have their subcontractors complete the following forms:

1. Immigration and Security Certification

2. Offeror E-Verify Affidavit

3. Contractor Affidavit (Contractor Only)

4. Subcontractor Affidavit (Subcontractor Only); and

5. Sub-Subcontractor Affidavit (Sub-Subcontractor Only)

The Immigration and Security Certification, the Offeror E-Verify Affidavit, the Contractor Affidavit, the Subcontractor Affidavit and the Sub-Subcontractor Affidavit are found on pages 40-42 of this solicitation document. The Immigration and Security Certification, the Offeror E-Verify Affidavit, the Contractor Affidavit, Subcontractor Affidavit and the Sub-Subcontractor Affidavit must be completed, notarized and submitted with your proposal.

I acknowledge the Illegal Immigration Reform and Enforcement Act of 2011 requirements for service providers and confirm by my signature below that the Immigration and Security Certification, the Contractor Affidavit, the Subcontractor Affidavit and the Sub-Subcontractor Affidavit are each completed, notarized and made a part of this solicitation response package. I also acknowledge that all items or services furnished to DCSD must comply with applicable federal and state immigration laws, and regulation.

______Please check here if the Illegal Immigration and Reform Act of 2011 does not apply to your solicitation, because it is one for items, commodities, or products. If this does not apply to any portion of the solicitation, then the Offeror is not required to complete the Contractor Affidavit, the Subcontractor

RFP 22-538 TOWING SERVICES PAGE 20

Affidavit and the Sub-Subcontractor Affidavit found on pages 40-42. Please be advised that pages 37-39 must still be completed.

Signature of Engaging Official: __________________________________________ Date: _____________

J. INTERVIEWS

DCSD reserves the right to require offerors to participate in one or more interviews with DCSD board members and/or staff. Offerors must be prepared to discuss the salient points of their proposal within two (2) normal working days of being asked to participate in interviews. There are to be no presentations, individually or collectively, without such invitation.

Offerors who are invited to one or more interviews will be required to provide a one (1) hour virtual presentation/demonstration of requested services.

K. CONTRACT TERMS

In the event DCSD determines that outsourcing these services are in its best interest, with the approval of the DeKalb County Board of Education, the successful offeror will be notified in writing. A contract confirming firm fixed price and other terms shall be signed by the parties. Services are to begin on or about the Winter of 2022. The initial contract duration shall be approximately one year from the date of execution. The contract may/may not contain up to four (4) one (1) year renewal options contingent upon DCSD’s offer of such renewal, the successful offeror’s acceptance and the approval of the DeKalb County Board of Education to extend the contract. The contract is subject to the approval of the DeKalb County Board of Education and to fiscal year funding limitations. The contract price must be held firm for the entire term of the contract. DCSD reserves the right to terminate any resulting contract for convenience. In the event of contract termination by DCSD, the DCSD will be responsible only for those services and deliverables that have been received and accepted. Any cancellation for convenience by DCSD shall be effective three (3) business days after receipt of the Notice of Cancellation for convenience from DCSD by the offeror. Non-performance of contract terms shall give sufficient cause for DCSD to cancel the contract. Non-performance shall be construed to include, but is not limited to, failure of the offeror to deliver equipment or perform services in the time specified or in the manner required.

A contract is attached which includes all of the terms and conditions that the offeror must affirm and comply. Refer to Attachment G, Standard Form Agreement for Non-Capital Professional Services. Please review DCSD’s attached contract terms and conditions prior to submitting a response to this RFP. Offerors should plan on the contract terms and conditions attached to this RFP being included in any award as a result of this RFP. Therefore, all costs associated with complying with these requirements should be included in any pricing quoted by the offeror.

By submitting a proposal, offeror acknowledges its acceptance of the RFP specifications and the contract terms and conditions without change except as otherwise expressly stated in the submitted proposal. If an offeror takes exception to a contract term or provision, the offeror must state the reason for the exception and state the specific contract language it proposes to include in place of the provision. Any exceptions to the contract must be submitted as an attachment to the offeror’s

RFP 22-538 TOWING SERVICES PAGE 21

response. Proposed exceptions must not conflict with or attempt to preempt mandatory requirements specified in the RFP.

L. PERMITS AND APPLICABLE LAWS

Offerors shall at their own expense obtain all necessary permits, certifications, and licenses and shall comply with all applicable local, state, and federal laws, ordinances, rules, and regulations necessary to the full execution of the requirements stated herein. If Offeror holds a professional certification which is licensed by the state of Georgia, Offeror shall submit a copy of their valid professional license. Offerors shall maintain all such permits, licenses, certifications, and compliances in a current status throughout the course of the contract. Offerors shall submit copies of permits, licenses, and certifications evidencing proof of the aforementioned immediately upon request of DCSD. Offerors shall be in compliance with registration with the Georgia Secretary of State’s office as applicable.

M. INFRINGEMENT

Offeror shall fully indemnify Indemnitees against any claims of infringement of any patent, copyright, trade secret, trademark, or other intellectual property rights related to the offeror’s response to this RFP or services performed upon contract award. Offeror’s obligation to indemnify any Indemnitee shall survive the completion, expiration, or termination of offeror’s agreed-upon services for any reason.

N. OWNERSHIP RIGHTS

DCSD shall retain ownership rights to the contents of all documents, supporting literature, and data submitted by offerors to this RFP.

O. NON-COLLUSION

Offerors shall fully certify that they, as individuals or as officials of a business entity, have not entered into any agreement, participated in collusion, or otherwise taken any action in restraint of free and competitive responses to this RFP. Further, offerors guarantee that their response is not made in conjunction with or on behalf of another party and that they have not been directly or indirectly induced in any manner or taken any action to result in a restriction of trade or in an unfair advantage. Offeror must sign below acknowledging the above statement.

P. CONFLICT OF INTEREST

Offeror shall use its best efforts to disclose with their proposal the name of any officer, director, or agent who also is a DCSD employee, agent, representative, contractor, immediate family member (spouse, child, sibling, or parent or the spouse of a child, sibling or parent) or DeKalb County Board of Education member. Offerors shall also disclose the name of any DCSD employee, agent, representative, contractor, immediate family member or board member who owns, directly or indirectly, an interest in five percent or more in the Offeror’s company or any of its branches. In the event the Offeror was aware of a conflict of interest prior to the award of the contract and did not disclose the conflict DCSD may, at its discretion, terminate the contract for default. The Offeror further agrees that, if after award, a conflict

RFP 22-538 TOWING SERVICES PAGE 22

of interest is discovered, an immediate and full disclosure in writing must be made to the DCSD Purchasing Department which must include a description of the action which the Offeror has taken or proposes to take to avoid or mitigate such conflicts. If a conflict of interest is determined to exist, DCSD may, at its discretion, cancel the contract. Offerors shall certify that their response to this RFP is impartial, at arms-length, and free of any conflict of interest at this time, unfair advantage, or personal benefit to any DCSD official.

Offeror must sign below acknowledging the above statement.

Q. NO OBLIGATION/NO CONTRACT GUARANTEED

This RFP does not commit DCSD to contract with any offeror to this RFP. There is no guarantee of any offeror receiving an award or contract as a result of submitting a response to this RFP.

Offeror must sign below acknowledging the above statement.

Signature of Engaging Official:_____________________________ Date: _____________

R. CONFIDENTIALITY AND NON-DISCLOSURE (MANDATORY REQUIREMENT)

Information made available to offerors by DCSD shall be used only for purposes related to responding to this RFP and shall not be used for any other purpose without the express written permission of

DCSD.

Offerors to this RFP unequivocally agree to assume responsibility for protecting and safeguarding the confidentiality of DCSD records that are not public information. Such information may include, but is not limited to student and human resource file contents.

RFP 22-538 TOWING SERVICES PAGE 23

PART III

SCOPE OF WORK AND REQUIREMENTS

A. SCOPE OF WORK AND REQUIREMENTS

The DeKalb County School District (DCSD) is seeking highly qualified, experienced, capable, fully licensed, and responsible Tow service providers to provide towing on all DCSD school buses and support fleet vehicles on an as needed and on-call basis.

The District serves nearly 96,000 students, 137 schools and centers, and 15,500 employees. The district currently operates approximately 1200 buses along with 355 support fleet vehicles that are of light and heavy duty types.

Towing services is a vital element to the success of the districts’ daily operational goals. The Vendor shall provide vehicle towing services on an as needed basis to various DCSD locations. DCSD will require those services under varied circumstances including; breakdowns, accidents, vehicle recovery and standby during an inclement weather.

The Vendor shall furnish all necessary supervision, labor, materials, tools and equipment required to safely retrieve and transport a vehicle from point to point as requested by DCSD.

When it’s necessary to disable a vehicle’s driveline during towing to prevent power-train damage DCSD preferred method is driveshaft removal.

The Vendor is responsible for providing towing services seven (7) days a week, twenty-four (24) hours a day.

The Contractor must arrive at the location of the vehicle to be towed with the necessary equipment within one hour (1) or less of the request. The Vendor shall provide an estimated time of arrival (ETA) during the initial call for service. Unscheduled response times shall not exceed two hours.

If the vendor fails to perform either within the time specified, or within a reasonable time, or fails to perform satisfactorily in accordance with the conditions of the contract, DCSD reserves the right to contact another towing company to perform the requested services. If for any reason the vendor cannot meet their stated response time, the vendor shall immediately contact the DCSD and provide an updated ETA.

All Vendors providing towing and recovery services will follow the practices of the Towing and Recovery Association of America (TRAA), vehicle owner’s manual and the vehicle manufacturer’s towing guidelines.

RFP 22-538 TOWING SERVICES PAGE 24

All wrecker operators employed by the Vendor shall be licensed in accordance with the Code of Georgia. The operator must have their license in his/her possession at all times while performing under this contract.

EQUIPMENT

The Vendor shall provide all tools and equipment necessary to accomplish the service required by DCSD for equipment ranging from sub-compact cars to class D school buses with a GVWR in excess of 35,000 lbs. The Vendor shall have at his disposal towing vehicles capable of safely and effectively meeting the requirements of this contract. It is expected that the Vendor will need flatbed, wheel lift and under frame type wreckers and the associated accessories for each. The vendor shall adhere to all applicable Federal, State and Local laws and regulations while providing services under the terms of this contract. All bidders must include a listing of equipment and a copy of the registration for each vehicle they propose to use in the performance of services stipulated in this contract.

Accidents: If a vehicle being towed is damaged while in the contractor’s possession due to negligence or improper use of equipment, any and all damage caused by the contractor shall be his responsibility

Real Property Damage: If a DCSD vehicle has caused real property damage, that damage shall be the responsibility of the vehicle owner. The contractor shall accomplish his task in such a manner as not to cause any additional real property damage.

INSPECTION

Inspection will be by and at the discretion of the Fleet Manager of the Transportation Department/DCSD or his designees at any time. The authorized inspector will have access to the vendor’s shop during all normal working hours. This does not preclude personnel from making inspections during service or after acceptance of delivery. Any such discrepancies found during or after required service shall be immediately corrected to the satisfaction of DCSD, at no charge, by the vendor.

Tow truck operator must be wrecker certified or equivalent with at…