REQUEST FOR PROPOSAL - rockdaleschools.org · REQUEST FOR PROPOSAL Proposal Description: Waste Disposal and Recycling RFP Proposal Number: 7221-198 Proposal Opening Date/Time: November

REQUEST FOR PROPOSAL

Proposal Description: Waste Disposal and Recycling RFP

Proposal Number: 7221-198 Proposal Opening Date/Time: November 27, 2018 10:00 a.m.

Submission Procedures: The Request for Proposal (RFP) must be received at Rockdale County Public

Schools, Attention: Glenna Foster, 1062 North Street, Conyers, Georgia, 30012

no later than the date and time noted above. Each proposal must be submitted in a

sealed envelope with the company name, opening date and time, and bid

number clearly printed on the outside of the envelope. Any proposal received

after the designated opening date/time, will be deemed late and will not be

considered by Rockdale County Public School District (District). Faxed or

emailed proposals will not be accepted. Note: If you submit more than one (1)

proposal at a time (i.e. different proposal numbers), please return each in a

separate envelope.

Prices Quoted: Proposal pricing must include any and all delivery charges. Delivery and/or

installation requirements will be as specified in the Special Terms and Conditions.

Prices quoted MUST remain firm for the requested Contract term. Purchases by

the District are not subject to Federal Excise Tax or State and Local Sales Tax.

Tax Exemption Certificates will be furnished upon request.

Opening Location: 1062 North Street, Conyers, GA 30012-4480

Award: Award will be made to the lowest responsive and responsible Vendor meeting all

specifications and requirements. The District reserves the right to accept or reject

any part of a submitted bid, to accept the entire proposal from one Bidder, to

accept portions of the proposal from several Bidders, or to reject all submitted

proposals. The District reserves the right to award by line item to more than one

Bidder.

Contract Period: January 7, 2019 – January 6, 2020

Bid Questions: For questions regarding the proposal, contact Glenna Foster, Purchasing Manager,

at 770-860-4289 or [email protected].

Empowering Students. Shaping the Future.

mailto:[email protected]

BIDDER/CONTRACTOR DATA SHEET

SUBMITTED BY (SIGNATURE)

COMPANY OR BUSINESS NAME

COMPANY ADDRESS

TELEPHONE NUMBER

TAXPAYER IDENTIFICATION NUMBER(S)

CONTRACT ADMINISTRATOR

INFORMATION

NAME

TITLE

ADDRESS

CITY/STATE/ZIP CODE

PHONE

FAX

EMAIL

REMITTANCE ADDRESS AND CONTACT INFORMATION (if different from address listed above)

ADDRESS

CITY/STATE/ZIP CODE

PHONE

FAX

CONTACT

Doing Business As: Corporation Gov Entity Sole Proprietorship Partnership

Individual LLC Other ___________________________

Rockdale County Public Schools Proposal No. 7221-198

Waste Disposal and Recycling RFP 2 Due: November 27, 2018, 10:00 a.m.

TABLE OF CONTENTS

1.0 Introduction 3

2.0 General Terms and Conditions 4

3.0 Project Specific Background 5

4.0 Prices Quoted 7

5.0 Insurance Requirements 7

6.0 Proposal Submission 8

7.0 Evaluation Criteria & Process 9

8.0 Bidder’s Evidence of Responsibility 9

9.0 Escalation Clause 9

10.0 Special Terms & Conditions 10

11.0 Contract 10

12.0 Definitions 11

Appendix A Schedule of Events 12

Appendix B Company Information and References 13

Appendix C Contract Document (Sample Copy) 15

Exhibit 1 Minimum Requirements and Specifications 30

Exhibit 2 Financial Proposal 32

Exhibit 3 Bidder’s Exceptions 34

Exhibit 4 Contractor Affidavit and Agreement 35

Exhibit 5 Subcontractor Affidavit 36

Appendix D Contracting with a School District 37

Appendix E Certificate of Non-Collusion 42

School Hours 43



1.0 Introduction

1.1 Purpose of Procurement

The purpose of this Request for Proposal (RFP) is to enter into a contract with a

qualified Contractor who can provide all material, labor, equipment, and supplies

necessary to collect, remove, recycle, and dispose of waste and recyclables for

Rockdale County Public School District (District).

1.2 Proposal Certification

Rockdale County Public School District has determined that the use of

competitive sealed bidding will not be practical or advantageous to the school

system in completing the acquisition of the services and/or commodities described

herein. Competitive sealed proposals will be submitted in response to this RFP in

the same manner as competitive sealed bids. All proposals submitted pursuant to

this request shall be made in accordance with the instructions and specifications

set forth herein.

Definition of Parties: Rockdale County Public School District will hereinafter be

referred to as the “District”. Respondents to the RFP shall be referred to as

“Bidders”. The Bidder to whom the contract is awarded shall be referred to as the

“Contractor”.

1.3 Scope of Procurement

The District is seeking proposals for the collection and disposal of solid waste,

mixed paper and cardboard. These services shall be provided on both a scheduled

basis and an “as required or needed” basis. The solid waste and recyclables are to

be collected from all schools and administrative buildings throughout the District.

The objective and overall intent of this RFP is to obtain the following:

Quality waste and recycling services

Timely, clean, and efficient waste and recycling pick-ups

Competitive prices

Compliance with local, state, and Federal laws

Accurate, detailed, and timely reporting and invoicing

Accountable, flexible, and reliable service



1.4 Restrictions on Communications with Staff

From the issue date of this RFP until a Bidder is selected and the selection is

announced, Bidders are not allowed to communicate for any reason with any

Rockdale County Public Schools employee except through the contract

administrator named herein. For violation of this provision, the Rockdale County

Public School System shall reserve the right to reject the proposal of the

offending Bidder. No questions other than those written will be accepted. No

response other than written, will be binding upon the District.

All questions concerning the RFP must be submitted in writing (fax or email) to

the following Contract Administrator:

Glenna Foster

Purchasing Manager

Rockdale County Public Schools

1062 North Street

Conyers, GA 30012

[email protected]

Fax: 770.918.6171

1.5 Contract Term

The initial contract term is one (1) year, or less, from contract award. The District

at its option may extend the period of this Contract up to a maximum of four (4),

one (1) year options. Renewal will depend upon funding, and bidder

performance. The Contractor shall be notified in writing by the Purchasing

Manager of the intent to extend the contract period at least thirty (30) calendar

days prior to the expiration of the original contract period.

1.6 Background

Rockdale County Public Schools (RCPS) is recognized as one of the best school

systems in the state of Georgia. Use the following link to locate Rockdale County

Public Schools’ history and demographic information: https://www.rockdaleschools.org/about

2.0 General Terms and Conditions

2.1 The District shall evaluate proposals in accordance with the evaluation criteria set

forth in this Request for Proposal (RFP). Subsequent to the opening of the sealed

proposals, discussion may be conducted between the District and any responsive

and responsible Bidder who submits a proposal that is determined to be

reasonably susceptible of being selected for award for the purpose of clarification

to assure full understanding of and responsiveness to the solicitation

requirements. In conducting any such discussions, the District shall not disclose


https://www.rockdaleschools.org/about



any information derived from proposals submitted by competing Bidders. All

such discussions shall be conducted by the Contract Administrator, Glenna Foster,

and must be submitted in accordance to the Schedule of Events (Appendix A).

2.2 The District shall accord Bidders fair and equal treatment with respect to any

opportunity for discussion and revision of proposals; and such revisions may be

permitted after submissions and prior to award for the purpose of obtaining best

and final offers.

2.3 The District reserves the right to reject all proposals, to reject any proposal that is

non-responsive or not responsible, and to waive technicalities and formalities.

2.4 Any manufacturers listed within this proposal are to establish the general quality

required. Items of other manufacturers of equal or better specifications will be

considered. RCPS will be the sole determiner as to whether the substituted item

is of equal or better specification.

2.5 Bidders are instructed to carefully read all terms, conditions, and specifications

set forth in the RFP. Proposal forms must be completed in their entirety. Any

correction made on the proposal form (white out or strike through) must be

initialed by an authorized representative of the company submitting the bid

or the bid may be rejected by RCPS. Each Bidder is required to furnish all

information requested in the Request for Proposal.

2.6 While the District desires the maximum amount of competition, it cannot assure

that all potential Bidders will be sent an RFP each time one is issued. RFPs

issued by the District are advertised on the District website,

https://www.rockdaleschools.org/departments/financial_services/purchasing/bid_opportunities .

Thus, Bidders are advised to view this site regularly for a listing of RFPs.

2.7 All Addenda will be posted on the District’s website (noted above). Bidders are

responsible for checking this website prior to proposal submission. Failure to

acknowledge all addenda may result in rejection of your proposal as being non-

responsive. Addenda will be e-mailed to all potential Bidders who requested a

copy of the RFP. The District will not be bound by oral responses to inquiries or

written responses other than addenda.

3.0 Project Specific Background

3.1 District Wide Solid Waste Management

Awarded Contractor at a minimum must be able to:

a. Provide sufficient personnel and appropriate equipment to maintain the

established schedule of collections (Exhibit 2).

https://www.rockdaleschools.org/departments/financial_services/purchasing/bid_opportunities



b. Install and maintain dumpsters in a state of good repair and cleanliness

and in manner that is compliant with all Federal, State, and local laws,

ordinances and regulatory requirements (drain plugs/lids, etc.).

c. Work with RCPS to arrange extra pick-ups or make-ups for missed pick-

ups. The successful Bidder shall within twenty-four (24) hours after

request collect and remove any and all missed pick-ups that the Contractor

failed to collect and remove at the regularly scheduled time.

d. Promptly repair and/or pay for any damages to District property caused by

its employees or subcontractors.

e. Replace worn out or damaged dumpster/parts upon request within five (5)

business days.

f. Clean and deodorize containers when odor problems are present or upon

request by the Facilities Department.

g. Dispose of all waste in compliance with all Federal, State, and local laws

and ordinances.

h. Obtain and maintain all licenses and permits required by Federal, State,

and local entities for the duration of the contract period.

i. Provide one (1) contact person for the District to call with any issues or

concerns.

3.2 District Wide Recycling Program

The District currently utilizes recycling bins for mixed paper and cardboard. The

awarded Contractor at a minimum must be able to provide a recycling program

that meets the following criteria:

a. Install and maintain recycle bins in compliance with all Federal, State, and

local laws and ordinances.

b. Dispose of all recyclables in compliance with all Federal, State, and local

laws and ordinances.

c. Provide containers for recycling collection.

3.3 The District may increase or decrease service at any existing service location at

any time without penalty. The District shall request all changes in writing. The

Contractor shall have not more than seven (7) calendar days from receipt of the

written notice to implement the requested changes.

3.4 The successful Bidder agrees to add new or additional units at the same bid price

per unit for both waste and recycle bins.

3.5 Extra pick-ups shall be invoiced and itemized individually showing the date,

location, bins picked up, applicable rate, and total number of extra pick-ups.



3.6 Any deviation from the specifications must be clearly identified in a letter

accompanying the proposal. The furnishing of cuts, catalogs, or printed

descriptions will not relieve the Bidder of this requirement. The District shall

determine, in its sole discretion, whether substitutions or modifications of the

requested specifications are comparable to those contained within the RFP. If the

District determines that the modifications or deviations from the specifications are

not in compliance, it may reject the proposal.

4.0 Prices Quoted

4.1 Prices will not be the sole determinant for the award. As defined by the American

Bar Association Model Procurement Code, Competitive Sealed Proposals (RFP)

will be evaluated based upon criteria formulated around best value, which may

include among other criteria: price, quality, performance references, financial

information and the ability to successfully supply services or commodities. A

contract will be awarded to the lowest responsive and responsible Bidder whose

proposal meets the requirements, specifications and contract terms contained in

the RFP.

4.2 Proposals must include any and all delivery charges, unless otherwise stated.

Delivery will be as specified under Shipping.

5.0 Insurance Requirements

The Bidder/Contractor agrees that, prior to the beginning of any work by the

Bidder/Contractor or any Subcontractor, as the case may be; the Bidder/Contractor will

furnish, upon request, the following to the District.

Workers Compensation Insurance Certificate:

A certificate from insurance company showing a policy of Worker’s

Compensation Insurance in any amount which fully complies with the statutory

requirements of the State of Georgia and which includes $1,000,000 employer’s

liability or a certificate from Georgia Workmen’s Compensation Board showing

Contractor as being an approved self-insured.

Commercial General Liability and Property Damage Insurance Certificate:

A policy of commercial general liability insurance written on a per occurrence

basis with a combined single limit of at least $1,000,000/2,000,000 bodily injury

and property damage including coverage for contractual liability, personal injury,

independent contractors, broad form property damage, products and completed

operations. Personal Injury, including death – minimum limits of $1,000,000 for

each person and $2,000,000 for each accident. Property Damage - minimum

limits of $1,000,000 for each accident and $2,000,000 for aggregate of operations

(annual).



Business Automobile Insurance:

A policy of business automobile liability insurance written on a per occurrence

basis with a single limit liability in the amount of $1,000,000 bodily injury and

property damage. Said policy shall include coverage for owned, non-owned,

leased and hired vehicles.

Disposition: Certificate of insurance must be sent to the District/Owner prior to

commencement of work. See the following endorsement required on this certificate.

The Contractor’s policies will be primary, non-contributory, and occurrence

based. The insurer shall waive all rights of subrogation and contribution it may

have against the District/Owner, its officers, employees and agents, and their

respective insurers. The policy shall name the District as an additional insured in

accordance with standard ISO additional insured endorsement form

(CG2010(1185) or equivalent language.

All insurance policies shall be with carriers licensed to do business in the State of

Georgia, and carry an AM Best rating of “A” or better.

6.0 Proposal Submission

6.1 Packaging of Proposal

The Bidder’s proposal in response to this RFP must be divided into two

appropriately labeled and sealed packages – a Technical Proposal and a Financial

Proposal. The contents of each package will include:

Technical Proposal:

Bidder/Contractor Data Sheet

Appendix B – Company Information and References

Resume/Names of Key Company Personnel

Exhibit 1 – Minimum Requirements and Specifications

Exhibit 3 – Bidder’s Exceptions, if applicable

Exhibit 4 – Contractor Affidavit and Agreement

Exhibit 5 – Subcontractor Affidavit, if applicable

Certificate of Non Collusion

Financial Proposal:

Exhibit 2 – Financial Proposal

Completed Form W-9 – Request for Taxpayer ID Number

Do not include cost information in the Technical Proposal

All proposals are due no later than November 27, 2018, at 10:00 a.m. to the

following location:



Rockdale County Public Schools

Purchasing Department

1062 North Street

Conyers, Georgia 30012

Proposal packages shall be sealed and identified on the front as follows:

RFP #7221-198 – Waste Disposal and Recycling RFP

6.2 Number of Copies to Submit

1. Technical Proposal

One Original and two copies

2. Financial Proposal

One Original and two copies

7.0 Evaluation Criteria & Process

7.1 All proposals will be received by the Purchasing Manager to ensure that all

administrative requirements have been met.

7.2 The Evaluation Committee will then review all Technical Proposals to determine

which meet and/or exceed our needs.

7.3 A Financial Committee will review all Financial Proposals to determine which are

in the best interest of the District and score and rank them accordingly.

7.4 From the two evaluation scores, the apparent successful Bidder will be identified.

A recap of all proposals will be posted on our website and all proposers will be

notified via email.

8.0 Bidder’s Evidence of Responsibility

The District reserves the right to require any financial information from a Bidder,

including but not limited to financial statement and/or Dun and Bradstreet rating from

any Bidder who submits a proposal. The Bidder must submit a current financial

statement and/or Dun and Bradstreet rating within 24 hours after notification of such

requirement.

9.0 Escalation Clause

All prices offered shall be firm against any increase for one (1) year from the

effective date of the contract. Thirty (30) days prior to renewal, the District may

entertain a request for escalation in accordance with the most recently published Producer

Price Index at the time of the request. For the purposes of this section, PPI Index NAICS



56211P, Solid Waste Collection and NAICS 21112, Gasoline as published by the United

States Department of Labor, Bureau of Labor Statistics will be the benchmark. The

District reserves the right to accept or reject the request for a price increase. If the price

increase is approved, the price will remain firm for 365 days from the date of the

increase. This clause also enables the District to seek de-escalation on the basis of the

same cited index and terms.

10.0 Special Terms and Conditions

10.1 Signing of the Contract Agreement signifies that the Bidder complies with

insurance requirements as specified in 5.0.

10.2 Proof of Insurance is not required with submission of proposal, but must be

available upon request (including during the evaluation process). The District

will require proof of insurance before issuance of award/Contract.

10.3 Bidders may choose to include proof of insurance with submission of their

proposal in order to expedite the evaluation process and issuance of award.

10.4 After notification of pending award, a Bidder not including proof of insurance in

addition to proposal will be given not more than five (5) business days to provide

proof or the proposal will be deemed non-responsive.

10.5 Prior to commencement of work the awarded Bidder must provide the following

documents for county records:

State business license

County and City business licenses and permits, if applicable

State EPD permits for hauling and dumping waste products

DOT permits for hauling waste material

11.0 Contract

11.1 This RFP, the Bidder’s submitted proposal, and the Contract constitutes the entire

agreement between the District and the Contractor, and it supersedes any prior

communications, representations, or agreements of any kind. The Contract may

not be modified except in writing signed by both parties.

11.2 Included in this RFP as Appendix C is a copy of the Rockdale County Public

Schools’ Contract (“Contract”), and an explanatory memorandum entitled

“Contracting with a School District” (“Memo”), Appendix D. The Memo

explains why some contractual provisions are either required or prohibited by law.

11.3 In submitting bids or proposals, a Bidder may object to any contractual term. If a

Bidder objects to a contractual term, the Bidder must give the basis of the

objection and submit proposed alternative language, if appropriate. An objection,

should one exist, is called a Bidder Exception. The Bidder must submit this



information in Exhibit 3 of the Contract, entitled “Bidder’s Exceptions”. The

District will give due consideration to any Bidder Exception. However, if the

District deems the Bidder Exception unacceptable, the Bidder Exception must be

withdrawn or the bid or proposal may be considered non-responsive and rejected.

11.4 If you have questions or comments about the RFP or Contract please email

Glenna Foster, Purchasing Manager at [email protected]. All questions

must be in writing and any response by the District will be shared with all parties.

12.0 Definitions

"Contractor" means the provider of the goods and services under the Contract.

"RFX" means the Request for Proposal, Request for Bid, or other solicitation documents

(and any amendments or addenda thereto) specifically identified in the District’s

Standard Contract Form that was issued to solicit the goods and services that are subject

to the Contract.

"Response", "Contractor’s Response" or "Final Response" means the Contractor’s

submitted response to the RFX, including any modifications or clarifications accepted by

the District.




APPENDIX A

SCHEDULE OF EVENTS

EVENT DATE

Release of RFP October 17, 2018

Deadline for written questions

Email Questions to: [email protected]

October 31, 2018,

5:00 p.m.

Questions & Answers posted on our webpage

https://www.rockdaleschools.org/departments/financial_services/purchasing/bid_opportunities November 9, 2018, no

later than 5:00 p.m.

Proposal Due Date November 27, 2018

10:00 a.m.

Evaluation Period November 27 –

December 4, 2018

Projected Contract Awar9

Recommendation to:

Cabinet–December 11,

2018

Board-December 13,

2018

Board Approval-

December 20, 2018

Implementation January 7, 2019

Dates listed above may be amended as appropriate by the Purchasing Manager. Potential Bidders should

check the website daily.


https://www.rockdaleschools.org/departments/financial_services/purchasing/bid_opportunities



APPENDIX B

COMPANY INFORMATION & REFERENCES

1. Number of years in business under current company name: ________________ years

2. Indicate if your firm operates under any other company name:

______________________________________________________________________

3. Indicate the number of solid waste/recycled material hauling trucks operating in your company:

_______________

4. Indicate the number of commercial solid waste/recycled material hauling contract(s)/account(s) you

currently have: ____________________

5. Indicate if your company currently handles or transports recycling waste (check one):

Yes ___ No ___

6. Indicate if your company has a comprehensive recycling program (check one): Yes ___ No ___

7. Provide any comments explaining your recycling program and how extensive the program is. Attach

any Recycling Supplemental information with your proposal.

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

CLIENT REFERENCE (1)

Contact Name: Phone:

School/Company:

Similarities in project:





School/Company:




School/Company:




School/Company:




APPENDIX C

CONTRACT FOR WASTE DISPOSAL AND RECYCLING

Between:

ROCKDALE COUNTY BOARD OF EDUCATION,

on behalf of the

ROCKDALE COUNTY SCHOOL DISTRICT

and

____________________________

Dated this _____ day of ______________, 20___



CONTRACT FOR WASTE DISPOSAL AND RECYCLING

CONTRACT made this _____ day of _______________, 20___, between Rockdale County Board

of Education (“Board”), on behalf of the Rockdale County School District (“District”), and

_________________________ (“Contractor”).

In consideration of mutual covenants, Parties agree as follows:

GENERAL TERMS:

1. Scope of the Contract

Contractor must provide the services, goods or services, and goods to the District as defined in

Exhibit 1. [Describe in Exhibit 1 specific services to be rendered and goods to be delivered

including documentation, timeline for delivery and installation, warranties and the like.]

2. Payment Terms/ Payment Schedule

The District must pay for services rendered and for accepted goods on the terms and payment

schedule as set forth in Exhibit 1. [See Standard terms for example of language for payment

schedule.]

3. Contract Term

Option One:

This Contract is effective on _____ day of ___________, 20___ (“Effective Date”) and it

continues until 12:00 midnight (EST) on _____ day of ____________, 20___ unless terminated

earlier as provided by this Contract or by law.

Option Two:

Either party shall have the right to terminate this Contract with 30 days’ notice.

Option Three:

THIS LANGUAGE MUST BE INCLUDED IN CONTRACTS LASTING FOR MORE

THAN 1 YEAR. The TOTAL OBLIGATION OF THE DISTRICT for each year must be

clearly stated.



a. Statutory Contract Term/ Automatic Renewal

In compliance with O.C.G.A § 20-2-506, this Contract continues from the Effective Date

until 12:00 midnight (EST) on December 31, ______, at which time the Contract shall

terminate absolutely and without further obligation or penalty on the part of the District.

Unless the District resolves by majority vote on or before December 21st of any year to

not renew this Contract for the following year, Contract shall automatically renew itself

at 12:01 a.m. on January 1, ______, and at the same time each year thereafter, for one-

year terms or to date of expiration if less than one-year term, without further action being

required by either party hereto or until this Contract is fully performed or terminated in a

manner provided for in this Contract. If the District resolves or the Superintendent

determines, not to renew this Contract, the District or Superintendent must notify

Contractor in writing of the termination. Upon the termination, Contractor must perform

all services and deliveries all schools require to be provided through December 31st, and

the District must pay Contractor all fees due for accepted services and accepted goods

through December 31st of that year. The terminated contract must not impose any further

obligation or penalty on the part of the District.

b. Total Obligation

Pursuant to O.C.G.A. § 20-2-506(b), the Contract must contain the District’s total financial

obligation on the contract for each calendar year of the contract, including any and all

calendar years the contract may renew, e.g.:

The total obligation under this Contract is as follows:

2019 $ _________

2020 $ _________

2021 $ _________ etc.

4. Governing Law; Designation of Forum

The laws of the State of Georgia govern all matters arising out of or relating to this Contract and

the transactions it contemplates, including, without limitation, its interpretation, construction,

performance, and enforcement. Any party bringing a legal action or proceeding against any other

party arising out of or relating to this Contract must bring the legal action or proceeding in the

state or federal courts of the State of Georgia.

5. Dispute Resolution Prior to Legal Action

Parties’ Duty to Provide Notice of Intent to Litigate and Right to Demand Mediation



In addition to any informal negotiations between the parties, no civil action with respect to any

claim arising out of this Contract may be commenced without first giving fourteen (14) calendar

days written notice to the District of the claim and the intent to sue.

Prior to a civil suit, either party may elect to submit the matter for mediation by providing the

other party with a written demand for mediation setting forth the claim. The parties will

cooperate in selecting a mediator and in scheduling the mediation in Atlanta, Georgia. The

parties will participate in the mediation in good faith and will share equally the cost of mediation.

No party may commence a civil suit with respect to the matters submitted to mediation until after

the completion of the initial mediation session or until forty-five (45) calendar days after the date

of the delivery of the written demand for mediation to the other party, whichever occurs first.

6. Contract Termination

6.1. As provided by Georgia law, this Contract will terminate immediately and absolutely if

appropriated and otherwise unobligated funds are no longer available to satisfy the

obligations of Board under this contract.

a. The Board reasonably believes that sufficiently legally available funds can be

obtained to make all payments due hereunder.

b. The Board must notify the Contractor immediately if funds to meet the Board’s

obligations become unavailable.

c. The determination of the Board as to the insufficiency of funds is conclusive.

6.2. In the event that the Contractor breaches any term or condition of this Contract or any

other event occurs which demonstrates a reasonable likelihood that the Contractor is

unable or unwilling to fulfill its obligations under the Contract, the District shall be

entitled to immediately terminate this Contract.

a. In the alternative, the District, in its sole discretion, may, upon request from the

Contractor, provide the Contractor with ten (10) days written notice that the

Contractor may avoid termination of the agreement by curing, to the satisfaction

of the District, the breach(es) identified in the written notice within a specified

period not to exceed ten (10) days.

b. The determination of the District as to the appropriateness of allowing the

Contractor an opportunity to cure, and as to the time allowed for any such cure,

shall be conclusive, based on consideration of the circumstances of the breach;

on the consequences of the breach as to security and other critical aspects of

operations, and, on the time constraints existing at the time of such breach.

c. Any allowance by the District of an opportunity for the Contractor to cure a

specific breach shall not operate as a waiver by the District of its right to refuse

such an opportunity to cure in the event of any other breach, and shall not

establish any course of dealing or performance between the parties



d. The District is not required to terminate a contract even though the circumstances

permit such an action.

6.3. The Board may terminate this Contract, in whole or in part, by written notice to the

Contractor and may regard the Contractor in default of this Contract if the Contractor

becomes:

a. insolvent;

b. makes a general assignment for the benefit of creditors;

c. files a voluntary petition of bankruptcy;

d. suffers or permits the appointment of a receiver for its business or assets;

e. becomes subject to any proceeding under any bankruptcy or insolvency law, whether

domestic or foreign; or

f. has wound up or liquidated, voluntarily or otherwise.

6.4. The Board may terminate this Contract, in whole or in part, immediately, without notice,

if the Contractor is debarred or suspended from performing services on any public

contracts.

6.5. The Board reserves the right to terminate this Contract for any reason upon giving the

Contractor thirty (30) days written notice.

a. In the event that the written notice of termination pursuant to this section states

that termination is for the convenience of the District, the Contractor shall be

entitled to payment for:

i. Reasonable costs incurred through the date of notice of termination (not

the effective date of termination), and

ii. Charges for deliverables provided to the District through the effective

date of termination, but only to the extent that funds designated for the

deliverables are available to make payment.

6.6. Upon the termination for any reason or expiration of this Contract, the Contractor

promptly must return to Board all papers, materials and other property of Board then in

its possession, including but not limited to all work in progress as is appropriate in its

then existing form (in object code and source code to the extent such work is comprised

of software, and in machine readable and printed formats to the extent such work is

comprised of documentation) to the Board.

7. Indemnification

7.1 Contractor hereby waives and agrees to indemnify and save harmless Board and the

District, its officials, agents, employees, and volunteers (hereinafter collectively referred



to as “Indemnities”), against any and all claims of injuries, death, damage to property,

liabilities, judgments, costs and expenses which may otherwise accrue against

Indemnities in consequence of the granting of this Contract or which may otherwise

result therefrom.

7.2 Contractor shall, at his or her own expense, appear, defend and pay all charges of

attorneys and all costs and other expenses arising therefrom or incurred in connection

therewith.

7.3 If any judgment shall be rendered against the District in any such action, Contractor shall,

at his or her own expense, satisfy and discharge the same.

7.4 Any performance bond or insurance protection required by this contract, or otherwise

provided by Contractor, shall in no way limit the responsibility to indemnify and save

harmless and defend the Indemnities as herein provided.

7.5 Contractor’s obligation to indemnify and save harmless any Indemnities will survive the

expiration or termination of this Contract by either party for any reason.

8. Spoliation

Contractor shall promptly notify of all potential claims that arise from or result from this

Contract. Contractor shall also take all reasonable steps to preserve all physical evidence and

information that may be relevant to the circumstances surrounding a potential claim, while

maintaining public safety, and grants to the District the opportunity to review and inspect the

evidence, including the scene of any accident.

9. Confidentiality of Student Educational Records

9.1 Obligation to Maintain Confidentiality

Contractor shall not:

a. Disclose Confidential Student Educational Records (as defined in subsection 9.3) to

any person or entity except:

i. Those that need to know the Confidential Student Educational Records for

the purposes of this Contract and agree to be bound by the provisions of

this Section; and

ii. In compliance with a lawfully issued subpoena or court order.

b. Use the Confidential Student Educational Records for any purpose other than the

purposes this Contract contemplates.

9.2 Return of Confidential Student Educational Records

Upon the written request by the District, within thirty (30) calendar days, Contractor must

return to the District or destroy all Confidential Student Educational records. If the



Contractor destroys the Confidential Student Educational Records, Contractor must

certify that it has done so in writing and deliver that certificate within thirty (30) calendar

days of the District’s initial written request for the Contractor to return or destroy all

Confidential Student Records.

9.3 Definition of Confidential Student Educational Records

“Confidential Student Educational Records” means those records, files, documents, and

other materials which (a) contain information directly related to a student; and (b) are

maintained by an educational agency. See FERPA, 20 U.S.C.A. 1232g and

accompanying regulations.

9.4 Student Data Privacy, Accessibility, and Transparency Act

To the extent required by applicable law, Contractor’s compliance with requirements of

the Student Privacy, Accessibility, and Transparency Act, O.C.G.A. § 20-2-660 et seq. is

a condition of this Contract.

9.5 Protection of Pupil Rights Amendment (PPPA)

To the extent required by applicable law, Contractor’s compliance with the requirements

of the Protections of Pupil Rights Amendment (PPPA) 20 U.S.C. § 123h is a condition of

this Contract.

9.6 Children’s Online Privacy Protection Act (COPPA)

To the extent required by applicable law, Contractor’s compliance with the requirements

of the Children’s Online Privacy Protection Act (COPPA) 15 U.S,C. § 6501 et seq. is a

condition of this contract.

10. Georgia Public Records

10.1 The District must comply with the Georgia Open Records Act O.C.G.A. § 50-18-70

et.seq., (“the Act”) and release public documents as defined by the Act upon request,

including this Contract and all records created and maintained in relation to this Contract.

10.2 O.C.G.A. § 50-18-72(a) exempts student educational records which shall be kept

confidential as required by the Family Educational Rights and Privacy Act (“FERPA”),

20 U.S.C.A. § 1232(g) and its supporting regulations, Georgia law and Section 9 above.

10.3 O.C.G.A. § 50-18-72(f) exempts computer programs and computer software, as defined

below, used or maintained in the course of the District’s operation are not subject to the

Act.

a. “Computer program” means a set of instructions, statements, or related data that,

in actual or modified form, is capable of causing a computer or computer system

to perform specified functions.



b. “Computer software” means one or more computer programs, existing in any

form, or any associated operational procedures, manuals, or other documentation.

11. Publicity

The District does not endorse the goods or services of Contractor. Except for listing District as a

client during the term of this Contract, news releases or other publicity concerning this Contract

must not be made by Contractor without the prior written approval of the District.

12. Drug/Alcohol/Tobacco/Weapons Free Workplace

12.1 The Contractor and all Subcontractors, if any, shall not manufacture, sell, distribute,

dispense, possess or use controlled substances or marijuana, as defined by Georgia law

and the federal “Drug-Free Schools Act”, during the performance of this Contract while

on school premises or at school related functions.

12.2 Pursuant to O.C.G.A. § 16-11-127.1, the Contractor and all Subcontractors, if any, shall

not possess any weapon, as defined by Georgia law, on school property, in school

buildings, at school related functions, or within 1,000 feet of school property, school

buildings, or school functions.

12.3 The Contractor and all Subcontractors, if any, also shall adhere to all Board policies and

regulations that prohibit the possession, distribution, sale, dispensation, or use of any

alcohol or tobacco products while on school premises or at school related functions.

12.4 Failure to comply with this provision may be considered a material breach.

12.5 The Board may suspend or terminate the Contractor, Subcontractor, or both if it violates

these laws, regulations, or policies while within 1,000 feet of school property or school

related functions, pursuant to Georgia law.

13. The District Prohibits Unlawful Discrimination and Harassment, Including Sexual

Harassment.

13.1 The District does not discriminate on the race, religion, color, sex, national origin, age,

disability, or other basis prohibited by state law in any educational programs or activities

or in employment policies and practices. Contractor certifies that it will not discriminate

against any employee or applicant for employment because of race, religion, color, sex,

national origin, age, disability, or other basis prohibited by state law relating to

discrimination in employment, except where there is a bona fide occupational

qualification reasonably necessary to the normal operation of Contractor.

13.2 The District prohibits unlawful discrimination or harassment including sexual

harassment. Contractor and Subcontractors, if any, must not engage in unlawful

harassment including sexual harassment or discrimination while on school premises.

13.3 The District may suspend or terminate Contractor and Subcontractor or both if it violates

these laws, policies, regulations, or provisions while on school premises.



14. Contractor and Subcontractor Compliance with Employment Eligibility Verification

(O.C.G.A. § 13-10-91)

14.1 Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 are

conditions of this Contract;

14.2 If the Contractor employs or contracts with any subcontractor(s) in connection with this

Contract, the Contractor will secure from the subcontractor(s) such subcontractor(s’)

indication of the employee-number category applicable to the subcontractor as shown in

sub-section b above;

14.3 The Contractor’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule

300-10-1-.02 shall be attested by the execution of the Contractor Affidavit which is

attached hereto, marked Exhibit 4 and incorporated within this Contract;

14.4 If the Contractor employs or contracts with any subcontractor(s) in connection with this

Contract, the Contractor will secure from such subcontractor(s) attestation of the

subcontractor(s’) compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the

subcontractor(s’) execution of the subcontractor(s) affidavit attached hereto, marked

Exhibit 5 and incorporated within this Contract and shall maintain records of such

attestation for inspection by the Board at any time.

a. Such subcontractor(s) affidavit shall become a part of the

contractor/subcontractor agreement.

14.5. All portions of contracts and any incorporated affidavits shall be open for public

inspection in this state at reasonable times during normal business hours.

15. Contractor Compliance with O.C.G.A. § 50-8-85

15.1 Compliance with the requirements of O.C.G.A. § 50-8-85 are conditions of this Contract.

15.2 Contractor certifies that Contractor is not currently engaged in, and agrees for the

duration of the Contract not to engage in, a boycott of Israel, as defined by O.C.G.A. §

50-8-85.

16. Compliance with the Law

16.1 The Contractor, its employees, agents, and subcontractors shall comply with all

applicable federal, state, and local laws, rules, ordinances, regulations, and orders now or

hereafter in effect when performing under the Contract, including without limitation, all

laws applicable to the prevention of discrimination in employment and the use of targeted

small businesses as subcontractors or contractors. The Contractor, its employees, agents,

and subcontractors shall also comply with all federal, state, and local laws regarding

business permits and licenses that may be required to carry out the work performed under

this Contract. Contractor and Contractor’s personnel shall also comply with all District

policies and standards in effect during the performance of the Contract, including but not

limited to the District’s policies and standards relating to personnel conduct, security,



safety, confidentiality, and ethics.

17. Sales Tax

17.1 In accordance with O.C.G.A. § 48-8-3(1), the Board is exempt from sales and use taxes

and shall not pay any sales tax under this Contract.

17.2 The Board, upon written request, will provide the Contractor with applicable tax

exemption certificates.

18. No Warranty Disclaimer

18.1. The Contractor warrants that its services or goods or both fit the need or purpose of the

RFP.

18.2. The Contractor shall not disclaim these warranties.

19. Mutual Limitation on Damages Except for Limited Situations

No Party shall be liable to another Party for, nor shall the measure of damages:

19.1 Include, any consequential, incidental, indirect, punitive or special damages arising out of

or relating to its acts or omissions arising from this Contract.

19.2 This limitation of liability shall not apply, however, to liability of the Contractor arising

from:

a. Personal injury or death;

b. Defect or deficiency caused by willful misconduct or fraud on the part of the

Contractor; or

c. Circumstances where the contract expressly provides the District a right to

damages, indemnification or reimbursement.

20. Assignment of Personnel

20.1 All persons assigned to perform the Services under this Contract shall be qualified to

perform such Services.

a. Personnel assigned by the Contractor shall have all professional licenses required

to perform the Services.

b If the District believes that the performance or conduct of any person employed

or retained by Contractor to perform any Services hereunder is unsatisfactory for

any reason or is not in compliance with the provisions of this Contract, the

District shall notify the Contractor in writing and the Contractor shall promptly

address the performance or conduct of such person, or, at the District’s request,

immediately replace such person with another person acceptable to the District



and with sufficient knowledge and expertise to perform the Services in

accordance with this Contract.

20.2 The Contractor warrants that an adequate number of appropriately qualified personnel

will be employed and available to provide the Services in accordance with the schedule

and maintenance requirements set forth in the RFP and this Contract.

21. Survives Termination

The indemnification obligation of Contractor shall survive termination of the Contract.

22. Notice

22.1 Requirement of a Writing; Permitted Methods of Delivery

Each party giving any Notice (“Notice”) under this Contract must give written Notice

using one of the following methods of delivery:

- personal delivery;

- Registered or Certified Mail (in each case, return receipt requested and postage

prepaid); or

- nationally recognized overnight courier (with all fees prepaid.)

22.2 Addressees

Any party giving a Notice shall address the Notice to the appropriate person at the

receiving party (the “Addressee”) at the address designated by a party pursuant to this

Section.

22.3 Effectiveness of a Notice

Notice is effective only if the party giving the Notice has complied with subsections

(14.1) and (14.2).

22.4 Designated Addresses

Rockdale County District:

Superintendent, Terry O. Oatts

954 North Main Street

P.O. Box 1199


With copy to:

Santana T. Flanigan, General Counsel

954 North Main Street

P.O. Box 1199




Contractor:

With copy to:

23. Merger and Order of Preference

23.1. Merger

The Contract is the complete and exclusive expression of the parties’ agreement on the

matters contained in this Contract. All prior and contemporaneous negotiations and

Contracts between the parties on the matters contained in this Contract are expressly

merged into and superseded by this Contract.

23.2 Order of Preference

In the case of any inconsistency or conflict among the specific provisions of this Contract

(including any amendments accepted by both the District and Contractor attached hereto),

the RFP or IFB (including any subsequent addenda), and Contractor’s Response, any

inconsistency or conflict shall be resolved as follows:

a. First, by giving preference to the specific provisions of this Contract, any

accepted amendments, and Exhibit 1;

b. Second, by giving preference to the specific provisions of the RFP or IFB.

c. Third, by giving preference to the specific provisions of any proposal submitted

by the Contractor that have not been explicitly accepted by the District in writing

shall not be included in this Contract and shall be given no weight or

consideration.

23.3. Intent of References to Proposal Documents

The references to the parties’ obligations, which are contained in this document, are

intended to supplement or clarify the obligations as stated in the RFP, and the

Contractor’s Response. The failure of the parties to make reference to the terms of the

RFP, or the Contractor’s Response to this document shall not be construed as creating a

conflict and will not relieve the Contractor of the contractual obligations imposed by the



terms of the RFP, and the Contractor’s Response. The contractual obligations of the

District cannot be implied from the Contractor’s Response.

24. Amendments and Modifications

The parties may amend or modify this Contract only by a signed, written agreement by both

parties that identifies itself as an amendment or modification to this Contract. No other

alternations in the terms of this Contract shall be valid or binding.

25. Waivers

25.1. No Oral Waivers

The parties may waive any provision in this Contract only by a writing executed by the

party or parties against whom the waiver is sought to be enforced.

25.2. Effect of Failure, Delay or Course of Dealing

a. No failure or delay (1) in exercising any right or remedy, or (2) in requiring the

satisfaction of any condition under this Contract, and

b. No act, omission, or course of dealing between the parties – operates as a waiver

or estoppel of any right, remedy or condition.

25.3 Each Waiver for a Specific Purpose

A waiver made in writing on one occasion is effective only in that instance and only for

the purpose stated. A waiver once given is not to be construed as a waiver on any future

occasion or against any other Person.

26. Severability

If any provision of this Contract is determined to be unenforceable, the remaining provisions of

this Contract remain in full force, if the essential terms and conditions of this Contract for each

party remain enforceable.

27. Counterparts

The parties may execute this Contract in multiple counterparts, each of which constitutes an

original, and all of which, collectively, constitute only one agreement. The signatures of all of the

parties need not appear on the same counterpart, and delivery of an executed counterpart

signature page by facsimile is as effective as executing and delivering this Contract in the

presence of the other parties to this Contract. This Contract is effective upon delivery of one

executed counterpart from each party to the other parties. In proving this Contract, a party must

produce or account only for the executed counterpart of the party to be charged.



28. Force Majeure

Neither party shall be liable for any loss or damage suffered by the other party, directly or

indirectly, as a result of the non performing party’s failure to perform, or delay in performing, any

of its obligations contained in this contract (except any obligations to make payments for services

rendered or accepted goods received before the failure to perform or the delay in performance),

where, in the opinion of the District, such failure or delay is caused by circumstances beyond the

non performing party’s control or which make performance commercially impracticable,

including but not limited to fire, flood, storm or other natural disaster, explosion, accident, war,

riot, civil disorder, government regulations or restrictions of any kind or any acts of any

government, alien enemy, judicial action, power failure, acts of God, or other natural

circumstances. This Force Majeure provision excludes economic hardship, changes in market

conditions, and insufficiency of funds on the part of Contractor.

29. Subletting of Contract

This Contract binds the parties and their respective successors and assignees. Contractor shall not

assign or otherwise dispose of this Contract or any duty(ies), right(s), or responsibility(ies)

contemplated in this Contract to any other person without the previous written consent of the

District.

30. Subcontractors

Contractor shall not subcontract services or any part of this Contract without the prior written

consent of the District.

31. Third Party Beneficiaries

This Contract does not and is not intended to confer any rights or remedies upon any Person other

than the signatories.

32. Number and Gender

Any reference in this Contract to the singular includes the plural where appropriate, and any

reference in this Contract to the masculine gender includes the feminine and neuter genders where

appropriate.

33. Captions

The descriptive headings of the Articles, Sections and subsections of this Contract are for

convenience only, do not constitute a part of this Contract, and do not affect this Contract’s

construction or interpretation.

34. Rights and Remedies Cumulative

32.1 Any enumeration of the Board’s rights and remedies set forth in this Contract is not

exhaustive.



32.2 The Board’s exercise of any right or remedy under this Contract does not preclude the

exercise of any other right or remedy.

32.3 All of the Board’s rights and remedies are cumulative and are in addition to any other

right or remedy set forth in this Contract, any other agreement between the parties, or

which may now or subsequently exist at law or in equity, by statute or otherwise.

35. Time is of the Essence

Time is of the essence with regard to performance of any services under this Contract, unless the

parties agree otherwise in writing.

36. Relationship Among Parties

This Contract creates no relationship of joint venture, partnership, limited partnership, agency, or

employer- employee between the parties, and the parties acknowledge that no other facts or

relations exist that would create any such relationship between them. Neither party has any right

or authority to assume or to create any obligation or responsibility on behalf of the other party

except as may from time to time be provided by written instrument signed by both parties.

37. Rules of Construction

The parties hereto have each been represented by counsel, or had the opportunity to be

represented, during the negotiation and execution of this Contract, and therefore waive

application of any law or rule of construction providing that ambiguities in the contract will be

construed against the party drafting such contract.

ATTACHMENTS:

EXHIBIT 1 – Minimum Requirements and Specifications

EXHIBIT 2 – Financial Proposal

EXHIBIT 3 – Bidder’s Exceptions

EXHIBIT 4 – Contractor Affidavit and Agreement

EXHIBIT 5 – Subcontractor Affidavit

IN WITNESS WHEREOF the parties have executed this Contract on the date first written above.

District Contractor

By:___________________________ By:__________________________

Name:_________________________ Name:________________________



Title:__________________________ Title:_________________________

Date:__________________________ Date:_________________________

EXHIBIT 1

MINIMUM REQUIREMENTS AND SPECIFICATIONS

Please indicate below if your company is willing and able to meet the requirements of this RFP by

checking Yes or No beside each requirement. If no, please provide an explanation on a separate page

with your response labeled Exhibit 1a.

Item Description – Minimum Requirements & Specifications Yes No

1. Bidder must provide sufficient personnel and appropriate equipment to

maintain the established schedule of collections.

2. Bidder must be flexible in scheduling pick-ups so that classes and student

activities incur the least amount of disruption or interference.

3. Bidder will work with the District to arrange extra pick-ups or make-ups

for missed pick-ups within 24 hours after request.

4. Bidder will promptly repair and/or pay for any damages to District

property caused by its employees or subcontractors.

5. Bidder agrees to replace worn out or damaged dumpster/parts upon

request within five (5) business days. (Includes drain plugs and lids)

6. Bidder will clean and deodorize containers when odor problems are

present or upon request by the Facilities Department.

7.

Outside containers used to dispose of garbage and trash will be rodent –

proof with tight-fitting lids. In addition, these containers (dumpsters)

must have drain plugs. Extra drain plugs needed must be provided

free of charge.

8. Bidder agrees to dispose of all waste and recyclables in compliance with

all Federal, State, and local laws and ordinances.

9. Bidder shall obtain and maintain all licenses and permits required by

Federal, State, and local entities for the duration of the contract period.

10.

Bidder will install and maintain dumpsters and recycle bins in a state of

good repair and cleanliness and in a manner compliant with all

Regulatory Requirements, Federal, State, and local laws and ordinances.

11. Bidder agrees to provide one (1) contact person for the District to call

with any issues or concerns.

12. Bidder agrees to add new or additional units at the same bid price per

unit for both waste and recycle bins.

13.

Any extra pick-ups shall be invoiced and itemized individually, showing

the date, location, bins picked up, applicable rate and total number of

extra pick-ups.



14.

The following employee has been identified as the contact person for the District:

15.

Provide a list of all names (processors, end-users) and locations that you or subcontractor(s) take

the recyclables:

_______________________________________________________________________________

______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

16.

Bidders’ response must include address locations of both transfer stations and landfills your

company uses for solid waste disposal:

_______________________________________________________________________________

______________________________________________________________________________

_______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

17. Does your company offer fundraising opportunities for our District? Yes ______ No _______



EXHIBIT 2

FINANCIAL PROPOSAL

Facility Address Container

Count

Container

Size

Pickups

Per

Week

Monthly Invoice

Amount

Barksdale Elementary 596 Oglesby Bridge Road, Conyers, GA 30094 * 1 8 yd. 5

Flat Shoals Elementary 1455 Flat Shoals Road, Conyers, GA 30013 * 1 8 yd. 5

C.J. Hicks Elementary 1300 Pine Log Road, Conyers, GA 30012 * 1 8 yd. 5

Hightower Trail Elementary 2510 Highway 138, NE, Conyers, GA 30013 * 1 8 yd. 5

Honey Creek Elementary 700 Honey Creek Road, Conyers, GA 30094 * 1 8 yd. 5

J.H. House Elementary 2930 Highway 20 North, Conyers, GA 30012 * 1 8 yd. 5

Lorraine Elementary 3343 East Fairview Road, Stockbridge, GA 30281 * 1 8 yd. 5

Peek’s Chapel Elementary 2800 Avalon Parkway, Conyers, GA 30013 * 1 8 yd. 5

Pine Street Elementary (old) 960 Pine Street, Conyers, GA 30012 1 8 yd. 5

Pine Street Elementary (new) 500 Sigman Road, Conyers, GA 30012 * 1 8 yd. 5

Shoal Creek Elementary 1300 McWilliams Road, Conyers, GA 30094 * 1 8 yd. 5

Sims Elementary 1821 Walker Drive, Conyers, GA 30094 * 1 8 yd. 5

Conyers Middle 400 Sigman Road, Conyers, GA 30012 * 2 8 yd. 5

Edwards Middle 2633 Stanton Road, SE, Conyers, GA 30094 * 2 8 yd. 5

G. Ray Davis Middle 3375 East Fairview Rd, SW, Stockbridge, GA 30281 * 2 8 yd. 5

Memorial Middle 3205 Underwood Road, Conyers, GA 30013 * 2 8 yd. 5

Heritage High 2400 Granade Road, Conyers, GA 30094 * 2 8 yd. 5

Rockdale County High 1174 Bulldog Circle, Conyers, GA 30012 * 2 8 yd. 5

Rockdale County High Annex 930 Rowland Road, Conyers, GA 30012 * 1 8 yd. 2

Rockdale Career Academy 1064 Culpepper Drive, Conyers, GA 30094 * 2 8 yd. 5



Facility Address Container

Count

Container

Size

Pickups

Per

Week

Monthly Invoice

Amount

Salem High 3551 Underwood Road, Conyers, GA 30013 * 2 8 yd. 5

Alpha Academy 1045 North Street, Conyers, GA 30012 1 8 yd. 2

Bldgs & Grounds/Purchasing 1062 North Street, Conyers, GA 30012 1 8 yd. 1

Central Office 954 N. Main Street, Conyers, GA 30012 * 1 8 yd. 1

Open Campus 1115 West Avenue, Conyers, GA 30012 1 8 yd. 1

Support Services 1143 West Avenue, Conyers, GA 30012 * 1 8 yd. 1

Transportation Department 1250 S. Main Street, Conyers, GA 30012 1 8 yd. 1

34 $

Container

Count Price per P/U Monthly Total

Recycle Bins (as noted above *) 22 $ $

Combined Monthly Total for Solid Waste and Recycle Containers: $_________________

Facility Container

Count

Container

Size

Approximate

Pickups Per

Year

Price per Pickup – Flat Rate

Fee (Rental & Delivery) Approx. Total Per Year

Facilities/Purchasing 1 30 yd. 12 $ $

Note: Quantities shown are estimates. The Bidder understands and agrees that the District has the option to increase or decrease the number of

collections per location, and/or increase or decrease the number of containers per location as needed throughout the term of the Contract

without incurring any monetary penalty for such increase or decrease.

Initial if your company is willing to comply _______________



EXHIBIT 3

BIDDER’S EXCEPTIONS

[If the BIDDER chooses to object to any contractual term, it must submit here, in writing, the basis

of the objection and, if appropriate, proposed alternative language. An objection, should one exist,

is called a Bidder Exception. The DISTRICT will give due consideration to any objection. If the

DISTRICT deems the objection unacceptable, the objection must be withdrawn or the bid or

proposal may be considered non-responsive and rejected.]



EXHIBIT 4

CONTRACTOR AFFIDAVIT AND AGREEMENT

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating

affirmatively that the individual, firm, or corporation which is contracting with Rockdale County Public Schools has

registered with and is participating in a federal work authorization program * [any of the electronic verification of

work authorization programs operated by the United States Department of Homeland Security or any equivalent

federal work authorization program operated by the United States Department of Homeland Security to verify

information of newly hired employees, pursuant to the Immigration reform and Control Act of 1986 (IRCA), P.L.

99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the

physical performance of services pursuant to this contract with Rockdale County Public Schools, contractor will

secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor

Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain

records of such compliance and provide a copy of each such verification to the (name of the public employer) at the

time the subcontractor(s) is retained to perform such service.

______________________________

EEV / Basic Pilot Program* User Identification Number

______________________________ ___________________

BY: Authorized Officer or Agent Date

(Contractor Name)

______________________________

Title of Authorized Officer or Agent of Contractor

______________________________

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE _____ DAY

OF __________________, 20__

______________________________

Notary Public

My Commission Expires:

*As of the effective date of OCGA 13-10-91, the applicable federal work authorization program is the “EEV / Basic Pilot Program” operated by

the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security

Administration (SSA)



EXHIBIT 5

SUBCONTRACTOR AFFIDAVIT

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating

affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services

under a contract with (name of Contractor) on behalf of Rockdale County Public schools has registered with and is

participating in a federal work authorization program * [any of the electronic verification of work authorization

programs operated by the United States Department of Homeland Security or any equivalent federal work

authorization program operated by the United States Department of Homeland Security to verify information of

newly hired employees, pursuant to the Immigration reform and Control Act of 1986 (IRCA), P.L. 99-603], in

accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91.

______________________________

EEV / Basic Pilot Program* User Identification Number

______________________________ ___________________

BY: Authorized Officer or Agent Date

(Subcontractor Name)

______________________________

Title of Authorized Officer or Agent of Subcontractor

______________________________

Printed Name of Authorized Officer or Agent of Subcontractor

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE _____ DAY

OF __________________, 20__

______________________________

Notary Public

My Commission Expires:

*As of the effective date of OCGA 13-10-91, the applicable federal work authorization program is the “EEV / Basic Pilot Program” operated by

the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security

Administration (SSA)



APPENDIX D

CONTRACTING WITH A SCHOOL DISTRICT

Georgia law imposes certain restrictions on the District’s contracting activities that a private company

does not face. Many standard clauses typically found in commercial contracts cannot be accepted by a

District. This Memorandum explains why some things are either required in a contract or prohibited from

being in a contract where the District is a party, such as:

1. Authority to Contract

Georgia law authorizes the Rockdale County Board of Education, (“Board”), to contract on

behalf of the Rockdale County School District (“District”), the legal entity.

2. Formalities of Contracts

All contracts must be approved by the Board of Education in an open meeting. All contracts must

be in writing and entered on the Board of Education’s minutes. O.C.G.A. § 36-10-1. No implied

contract claim or quantum meruit claim can be made against the District or its employees.

Harden v. Clarke Co. Bd. Of Educ., 279 Ga. App. 513 (2006).

3. Signature Authority

The Board may authorize someone to sign contracts as its Agent. The entire Board does not have

to sign a contract. The Board has delegated the authority to sign general contracts pursuant to

Board Policy DJE and DJE-R Purchasing which is available on the District’s web site and which

is incorporated into this memorandum by reference and is controlling. In short, the policy

provides as follows:

o The Superintendent or designee shall review and sign all contracts up to $50,000.

o The Chair or Board member designee shall sign all contracts in excess of $50,000 and

all contracts involving real property, the purchase of automobiles and projects involving

an architect. Braswell v. Palmer, 191 Ga. 262 (1940).

4. Multi-Year Contract

Georgia law prohibits a District from agreeing to a multi-year contract without certain provisions.

See paragraph 3, option 3 in the template contract for the required language and legal authority.

5. Unavailability of Funds

As provided by Georgia law, this Contract will terminate immediately and absolutely if

appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of

the District under this contract. However, the District reasonably believes that sufficiently legally

available funds can be obtained to make all payments due hereunder.

6. Prohibited Indemnification

Georgia law prohibits a District from agreeing to indemnify third parties. Indemnification

provisions violate the prohibition against gratuities by a governmental entity. Ga. Const., Art.

VIII, § 5, ¶ IV, cited in Atlanta Chamber of Commerce v. McRae, 174 Ga. 590, 163 S.E. 701

(1932). Indemnification provisions also have been determined to be invalid as unauthorized

attempts to contractually waive sovereign immunity. CSX v. City of Garden City, 277 Ga. 248

(2003).



Principles of sovereign and official immunity under the Georgia Constitution protect the District

and its employees against most tort claims. The Georgia Constitution prohibits a District from

granting a gratuity. Consequently, the District is precluded from indemnifying those with whom

or with which it contracts because this amounts to unlawful gratuity. In addition, Georgia law

allows only the legislature to waive immunity. Thus, any contract containing an indemnification

provision by a governmental entity is void and an ultra vires act.

Furthermore, when contracting with the District, the Contractor occupies the best position to

avoid property damage and bodily injury arising out of services rendered or goods delivered

under the contract. Georgia law and public policy require the Contractor to be responsible for its

employees, service, goods and machinery. Given the District’s sovereign immunity and the

employee’s official immunity, the Contractor’s risk under an indemnification provision appears

minimal and would probably extend only to the District’s potential litigation expenses, including

but not limited to, all fees, costs and attorney’s fees. In the event of a claim against the District

by a third party, the litigation expenses would be most likely needed to bring the necessary

motions to assert immunity and to seek dismissal.

6. No Warranty Disclaimers

If the Contract is a result of an Invitation for Bid (“IFB”) or a Request for Proposal (“RFP”),

Bidders may not disclaim warranties. Public policy of the State of Georgia promotes the use of

competitive procurement process to ensure that the public obtains the services and goods it needs

at the lowest competitive price. When the District requests proposals or solicits bids on specific

goods or services, and when the Contractor submits a response representing it can provide such

services or goods, the Contractor may not subsequently disclaim its warranty that the goods and

services fit the need or purpose of the RFP or IFB. If a Contractor attempts to disclaim the

warranty, it would violate the purpose for the procurement competitive process and the bid may

be rejected as non-responsive.

7. Sales Taxes

Georgia law exempts the District from sales taxes. OCGA 48-8-3 Hence, the District will not

agree to contract language which requires the payment of sales taxes. Upon request, the District

will provide a tax exemption certificate.

8. Governing Law and Forum Selection

Georgia law created and governs the District. The District lacks authority to accept the governing

laws of another state. Thus, contracts must be governed by the laws of the State of Georgia. The

District does not agree to arbitration. Instead, the District requires an alternative dispute

resolution procedure that allows both parties to submit disputes to mediation prior to filing a

lawsuit. This procedure gives both parties the best opportunity to preserve the relationship and to

resolve its disputes at the least expense. If disputes occur that cannot be resolved by the Parties,

the Parties through good faith negotiation or mediation, must submit to the jurisdiction of the

state or federal courts within Georgia.

9. Confidentiality

9.1 The Georgia Open Records Act, O.C.G.A. §50-18-70 et. seq., prohibits the District from

maintaining confidentiality of public records including the terms and conditions of the



Contract and all documents created and maintained in relation to the Contract and its

implementation including proposals, bids, letters and brochures. The Georgia Open Records

Act, however, exempts computer software and computer programs as defined at O.C.G.A §

50-18-72(f).

9.2 Federal and state law mandate that “Student Educational Records” be kept confidential and

that they may be disclosed only upon a limited number of situations. 20 USC 1232 (g)

9.3 Contractor shall acknowledge that the contract and related documents are subject to these

laws and the Contractor shall agree to abide by these laws.

10. Mutual Limitation on Damages

No Party shall be liable to another Party for, nor shall the measure of damages include, any

consequential, incidental, indirect, punitive or special damages arising out of or relating to its acts

or omissions arising from this Contract, except in limited situations provided by the contract.

11. Prohibited Fees

Attorney’s fees or litigation costs, taxes, interest, liquidated damages, penalty fees, late payment

fees, or cancellation charges are prohibited fees because these would violate the constitutional

gratuities provision that prohibits governmental entities from granting any donation or gratuity

(gift) to a third party or forgiving any debt or obligation owed to the public. The gratuities clause

essentially requires that the District receives a substantial benefit for the grant or use of its assets

(whether using property or personnel). Ga. Const., Art. III, IV, & VI.

Additionally, Georgia law forbids the District from using monies derived from taxes for anything

other than for educational purposes. Ga. Const., Art. VIII, § 6, ¶ IV(b); O.C.G.A. § 20-2-411.

Using District funds for attorney’s fees or litigation costs, taxes, interests, liquidated damages,

penalty fees or cancellation charges violates these constitutional and statutory provisions.

12. No Drugs, Controlled Substances, Marijuana, Weapons, Discrimination, or Harassment

While on school premises, at school related functions or within 1000 feet of school property,

Contractors and their Subcontractors, if any, must agree and certify to: (a) follow Georgia law,

Federal law and the District’s policies regarding drugs, controlled substances, marijuana and

weapons during the performance of the Contract; and (b) follow Georgia law, Federal law, and

the District’s policies regarding discrimination and harassment during the performance of this

Contract.

13. Provisions that Prohibit a Contractor’s Employee from Accepting a Position with the

District or Provisions which require the District to Comply with Contractor Regulations

(Including Union Rules)

Georgia law provides its citizens a “right to work” that allow individuals to refuse to participate

in labor organizations or refrain from certain affiliations. O.C.G.A. Sec. 34-6-21. This also means

that the District will not prohibit anyone from applying for a job with it. To prohibit an

individual’s right to seek to work for a governmental entity would violate Georgia law, Georgia

public policy and the due process provisions of the state and federal constitution.

14. Employment Eligibility Verification.



Contractor and Subcontractor compliance with Employment Eligibility Verification is

required by O.C.G.A. §13-10-91 and Rule 300-10-.02.

15. Sales by Board Members.

Board members may sell to the District provided fewer than 3 sources exist. If purchase

is equal to or greater than $10,000, the purchase from a Board member must be approved

by a Board majority in a public meeting with full disclosure and with the selling Board

member abstaining from the vote. O.C.G.A. §20 - 2-505.

16. Public Works Contracts.

All construction projects in excess of $100,000 must be awarded on competitive bids or

proposals. O.C.G.A. §20-2-520; O.C.G.A. §36-91-20.

17. U.S. Beef.

District must purchase U.S. beef if using government funds. O.C.G.A. §50-5-81.

18. Purchasing Preference for Georgia Products.

O.C.G.A. §20-2-500 Purchasing Preferences:

School districts shall give preference as far as may be reasonable and practicable to such

supplies, materials, equipment, and agricultural products as may be manufactured or

produced in Georgia. Such preference shall not sacrifice quality.

In determining whether such a preference is reasonable in any case where the value of a

contract for or purchase of such supplies, materials, equipment, or agricultural products

exceeds $100,000.00, the school district shall consider, among other factors, information

submitted by the bidder which may include the bidder’s estimate of the multiplier effect

on gross state domestic product and the effect on public revenues of the state and the

effect on public revenues of the District resulting from acceptance of a bid or offer to sell

Georgia manufactured or produced goods as opposed to out-of-state manufactured or

produced goods. Any such estimates shall be in writing. No school district shall divide a

contract or purchase which exceeds $100,000.00 for the purpose of avoiding these

requirements.

This preference shall not negate the requirements of O.C.G.A. § 50-5-73 regarding the

purchase of available items from the Georgia Correctional Industries Administration.

20. State Contracts.



For many goods and supplies commonly purchased by schools, the state secures

competitive bids and school systems may purchase those items at the state low bid price

from the vendors or companies. O.C.G.A. §20-2-168(b).

21. No Third Party Beneficiary.

While third parties may benefit from a contract with a school district, it is not the intent

of the district in any contract for a third party to become a beneficiary. Further, it is not

the intent of the district to confer a direct benefit upon a third party to protect the third

party from physical injury or damages. Donnalley v. Sterling, 274 Ga App 683, (2005).

If you have questions or comments about the above requirements please contact the Office of General

Counsel for Rockdale County Public Schools. If the questions or comments arise in anticipation of

submitting a bid or proposal or during a competitive process, the questions and comments must be in

writing. If appropriate, the questions or comments along with any response by General Counsel will be

shared with other parties.

In submitting bids or proposals, one may object to any contractual term. If one objects to a contractual

term, the basis of the objection must be given along with proposed alternative language if appropriate.

The District will give due consideration to any objection. However, if the District deems the objection

unacceptable, the objection must be withdrawn or the bid or proposal may be considered non-responsive

and rejected.



CERTIFICATE OF NON-COLLUSION

By responding to this solicitation, the Contractor understands and agrees to the following:

He or she is fully informed respecting the preparation and contents of the attached Proposal and of all

pertinent circumstances respecting such Proposal:

Such Proposal is genuine and is not a collusive or sham Proposal;

Neither the said Contractor nor any of its officers, partners, owners, agents, representatives, employees

or parties in interest, including this Certificate, has in any way colluded, conspired, connived or agreed,

directly or indirectly with any other Contractor, firm or person to submit a collusive or sham Proposal in

connection with the Contract for which the attached Proposal has been submitted or to refrain from

proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by

agreement or collusion or communication or conference with any other Contractor, firm or person to fix

the price or prices in the attached Proposal or of any other Contractor, or to secure through an

collusion, conspiracy, connivance or unlawful agreement any advantage against Rockdale County Public

Schools or any person interested in the proposed Contract; and

The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any

collusion, conspiracy, connivance or unlawful agreement on the part of the Contractor or any of its

agents, representatives, owners, employees, or parties in interest, including this Certificate.

Contractor’s Full Legal Name:

(PLEASE TYPE OR PRINT)

Authorized Signature:

Printed Name and Title of Person Signing:

Date:

Company Address:

Fax Number:

Email Address:



2018-19 School Hours

Phone Coverage Hours Teachers Students Alpha School 7:30 am – 3:30 pm • 922-8636 8:00 am – 4:00 pm 9:00 am – 3:00 pm (ES)

8:00 am – 4:00 pm 9:00 am – 3:00 pm (MS & HS)

Open Campus 8:00 am – 8:00 pm, M-Th• 388-5727 Flexible Hours

8:00 am – 1:00 pm, Friday, Limited staff, no classes on Friday; Tutoring/Computer

Lab Available to Students

All Elementary Schools 7:00 am – 3:00 pm Earliest Arrival 7:05 am

Latest Departure 2:40 pm

Barksdale Elementary (BES) 7:00 am – 3:00 pm • 770-483-9514

Flat Shoals Elementary (FSE) 7:00 am – 3:00 pm • 770-483-5136

Hicks Elementary (CJH) 7:00 am – 3:00 pm • 770-483-4410

Hightower Trail Elementary (HTE) 7:00 am – 3:00 pm • 770-388-0751

Honey Creek Elementary (HCE) 7:00 am – 3:00 pm • 770-483-5706

House Elementary (JHH) 7:00 am – 3:00 pm • 770-483-9504

Lorraine Elementary (LES) 7:00 am – 3:00 pm • 770-483-0657

Peek’s Chapel Elementary (PCE) 7:00 am – 3:00 pm • 770-761-1842

Pine Street Elementary (PSE) 7:00 am – 3:00 pm • 770-483-8713

Shoal Creek Elementary (SCE) 7:00 am – 3:00 pm • 770-929-1430

Sims Elementary (SES) 7:00 am – 3:00 pm • 770-922-0666

All Middle Schools 8:10 am – 4:10 pm Earliest Arrival 8:15 am


Conyers Middle (CMS) 8:10 am – 4:10 pm • 770-483-3371

Davis Middle (DMS) 8:10 am – 4:10 pm • 770-388-5675

Edwards Middle (EMS) 8:10 am – 4:10 pm • 770-483-3255

Memorial Middle (MMS) 8:10 am – 4:10 pm • 770-922-0139

All High Schools 7:30 am – 3:30 pm Earliest Arrival 7:30 am


Heritage High (HHS) 7:00 am – 4:00 pm • 770-483-5428 7:30 am – 3:30 pm

Rockdale High (RHS) 7:00 am – 4:00 pm • 770-483-8754 7:30 am – 3:30 pm

Salem High (SHS) 7:30 am – 5:00 pm • 770-929-0176 7:30 am – 3:30 pm

Magnet School 7:00 am – 4:00 pm • 770-483-8737 7:30 am – 3:30 pm

Career Academy (RCA) 7:30 am – 4:00 pm • 770-388-5677 7:45 am – 3:45 pm