REQUEST FOR PROPOSAL - Home - Rockdale County ... Procedures: The Request for Proposal (RFP) must be...

REQUEST FOR PROPOSAL

Proposal Description: Data Warehouse System

Proposal Number: 7221-181

Proposal Opening Date/Time: February 28, 2017 10:00 a.m. EST

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 the 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 Vendor meeting all specifications and requirements. The

District reserves the right to accept or reject any part of a submitted proposal, to accept

the entire proposal from one Vendor, to accept portions of the proposal from several

Vendors, or to reject all submitted proposals. The District reserves the right to award by

line item to more than one Vendor.

Contract Period: July 1, 2017-June 30, 2018

Proposal 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]

VENDOR/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. 7221-181

RCPS Data Warehouse System 3 Due: February 28, 2017

TABLE OF CONTENTS

1.0 Introduction 4

2.0 General Terms and Conditions 5

3.0 Background 6

4.0 Scope of Services 7

5.0 Proposal Format 14

6.0 Evaluation and Selection Procedure 17

7.0 Offeror’s Evidence of Responsibility 19

8.0 Contract 20

Appendix A Schedule of Events 21 Appendix B

Reference Form

22

Appendix C

Contract Document

24

Exhibit 1

Offeror’s Exceptions

44

Exhibit 2

Contractor Affidavit and Agreement

45

Exhibit 3

Subcontractor Affidavit

46

Appendix D

Contracting with a School District

47

Appendix E

Financial Proposal Form

51

Appendix G

Scope of Services: Required Functions and

Features (Attached Under Separate Cover)

53

Certificate Certificate of Non-Collusion 52



1.0 INTRODUCTION

The Rockdale County Public School System (RCPS) 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 shall be submitted in response

hereto 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. Please see Board Policy DJE

(Purchasing) and Board Regulation DJE-R (Purchasing), which are incorporated herein, for additional

guidance on RCPS’ procurement process. Cost will be included as one of the evaluation criteria but the

award of this RFP will not depend solely on cost.

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.

1.1 Purpose of Procurement

This Request for Proposal (RFP) is solicits proposals for software and consulting services to

develop a Data Warehouse System for Rockdale County Public Schools (RCPS).

The solution will have multiple layers and processes: the data warehouse (operational data

store), ETL process, analytical tools, and web-based visualization tools.

The primary objective of the Warehouse System will be to put the right information in the hands

of administrators, teachers, and staff who will analyze the information for planning, problem

solving, and decision making to improve student performance. RCPS administrators expect that

the information be delivered in a timely manner, often within hours of receiving results from

assessments, and the visualizations must refresh onscreen rapidly as users interact with the

visualizations by re-filtering subsets of data.

1.2 This Request for Proposal seeks assurance of:

1. A proven track record of the Offeror

2. Extreme reliability

3. Future expandability

4. Maintainability

5. Timely implementation

6. Adequately trained professional staff



2.0 GENERAL TERMS AND CONDITIONS

The proposals shall be evaluated in accordance with the evaluation criteria set forth in this Request for Proposals

(RFP). Subsequent to the opening of the sealed proposals, discussion may be conducted by the Rockdale

County Public School System with responsible Offerors who submit proposals 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. Offerors shall be accorded 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.

In conducting any such discussions, there shall be no disclosure of any information derived from proposals

submitted by competing Offerors. 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).

From the issue date of this RFP until an Offeror is selected and the selection is announced, Offerors are not

allowed to communicate for any reason with any Rockdale County Public School 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 Offeror. All questions concerning the

RFP must be submitted in writing (e-mail preferred, or fax may be used) to the Purchasing Manager, Glenna

Foster, [email protected] . T h e f a x n u mb e r i s : 7 7 0 -9 1 8 -6 1 7 1 . No questions other than

those written will be accepted. No response other than written, will be binding upon the Rockdale County

Public School System.

Award shall be made to the responsible Offeror whose written proposal is determined to be the most

advantageous to the Rockdale County Public School System, taking into account all of the evaluation criteria

set forth in this RFP. The Rockdale County Public School System reserves the right to accept or reject any

and all proposals submitted in response to this request.

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.

Offerors 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 Offeror is required to furnish all information requested in the

Request for Proposal.

Due to the large number of Offerors listed in certain categories of RCPS Offeror’s list, not all Offerors will

necessarily be sent an RFP each time one is issued. Requests for Proposals issued by RCPS are advertised on

the RCPS Internet Site http://www.rockdaleschools.org. Offerors are advised to view these sites regularly for

a listing of Requests.




3.0 BACKGROUND

Rockdale County Public Schools serves the needs of public education in Rockdale County, Georgia. RCPS

operates 23 facilities which includes elementary, middle, and high schools, alternative schools, and

administrative offices. Central administrative offices are located at 954 North Main Street NW, Conyers

Georgia. RCPS provides service for more than 16,000 students.

Rockdale County Public Schools’ computing environment uses a mixture of client/server and web-based

technologies for delivery of information services. AT&T provides and monitors the Metro E WAN and

Internet connectivity. RCPS staff maintains the network equipment providing each school’s LAN.

Applications / Systems in Current Use

System Description Vendor Hosted or Onsite

Student Information System Infinite Campus Hosted

Special Education IEP System Infinite Campus Hosted

Financial System Tyler Technologies / Munis Hosted

Human Resources System Tyler Technologies / Munis Hosted

Transportation Versatrans/Routing & Planning Onsite

Transportation Versatrans/My Stop Onsite

Transportation Versatrans/Fleet Vision Onsite

Food Service Lunch Box/Mosaic Onsite

Facilities Work Orders School Dude Hosted

School Communication School Messenger Hosted

Assessment System Schoolnet Hosted

Learning Management System Its Learning Hosted

ID Cards Bridgeway/Datacard Onsite

SST/504 Tyler Technologies/TIENET Hosted

Library Management Follett/Destiny Hosted

Device Management Follett/Destiny Onsite

Student Readiness Assessment Renaissance Learning/Start 360

Hosted

Student Readiness Assessment Achieve 3000 Hosted

Operating Systems in Current Use:

Windows 2008 Server

Windows 2012 Server

Windows 10

Current Database Management Systems:

SQL Server 2008, SQL Server 2010

Access Databases

Tools in Current Use:

Microsoft Office 2016

SharePoint Portal

Crystal Reports

Office 365

Microsoft Defender Anti-Virus

Microsoft Azure Active Directory



4.0 SCOPE OF SERVICES

The scope of this part of the Data Warehouse System Request for Proposal includes these three sections:

1. Data Warehouse System

a. Required Functions and Features (Appendix G)

2. Implementation and Support Services

3. Technical Specifications

The Data Warehouse System, Required Functions and Features, Implementation and Support Services, and

Technical Specifications are mandatory components of every proposal. Offerors must respond to these four

sections of the RFP.

4.1 DATA WAREHOUSE SYSTEM

RCPS is looking for a quality Data Warehouse System to satisfy the many demands of our District,

which uses data-driven decision making to address the needs of the student population, adapting the

curriculum, teaching models, or programs to address student needs and improve student performance.

The architecture shall allow users to quickly access summarized data in multi-dimensional cubes,

while also allowing developers to include detailed data from the RDBMS, providing users with drill-

down capability to information stored at the lowest level of granularity. It must integrate source data

from all of the District’s operational data systems. It must be able to manage extensive amounts of

data to enable multiple types of complex analyses for a District serving over 16,000 students. The

system shall allow developers to design complex calculations and present them online as high quality

visualizations quickly. It must also provide rapid response times even when deployed to all of the

District’s 2,000 teachers and administrators.

System Objectives

Comprehensiveness: The system must combine data from all the major district information systems

listed in Section 3.0 in a single location for staging and processing. The system shall be able to

extract data from an unlimited number sources and shall allow an unlimited number of formats (i.e.,

SQL, MS Access, .csv, .txt, fixed-length). The system shall support the most current version of each

file type, and must be backward compatible to several recent versions. While we will start the project

using current year data, we need the ability to include each subsequent year’s data into the project. As

RCPS adds new systems and files from disparate sources, the system should also enable RCPS to add

that data into the architecture and report on the data that is in those sources at the time they are

received by the District. Examples of the datasets to be loaded include, but are not limited to: student

demographics, enrollment, transcript grades, assessment scores, attendance, behavior, state-defined

programs (SWD, EL), RCPS-defined programs (Fine Arts, Performing Arts, After School).

Efficiency: The solution should have a robust ETL capability. The extraction process will

include an unlimited number of data sources of multiple types (i.e., SQL and MS Access,

databases, .csv, .txt) and should be able to efficiently clean, filter, and apply business rules to an

unlimited number of data sources. System administrators should be able to schedule automatic

loads of data on various time frames.

Flexibility: The system must provide the ability to consistently add new elements, constraint rules,

and reports in order to address new questions as they arise. The system must also accommodate



changes in data sources as the District upgrades, replaces, and adds systems. The system shall provide

the flexibility for users to drill down through the data to the lowest level of granularity without

having pre-defined drill paths. The system must allow developers to load and query newly added

data, sometimes within minutes of receiving the datasets.

Rapid Response: At the presentation layer, the system shall display high quality, interactive

dashboard that contains multiple visualization types (as itemized in Appendix G). As users interact

with the visualizations, re-filtering subsets of data, the visualizations shall have refresh on-screen

rapidly, sometimes as quickly as fractions of a second.

District-Wide Availability: The system must enable the District to distribute data in a variety of

formats to employees throughout the District, and to more rapidly access the information that is

needed on a regular basis to support data-driven decision making at all levels.

Target User Groups

Ultimately the Data Warehouse System is expected to serve the information needs of the full range

of employees district-wide. Ideally, the system should provide the capacity to provide data to

parents and the community once RCPS is confident that it has reached maturity with its internal

users.

4.1a REQUIRED FUNCTIONS AND FEATURES: See Appendix G

4.2 IMPLEMENTATION AND SUPPORT SERVICES

Project Management

Describe the Project Management methodology that will be used to successfully implement the

proposed solution at RCPS.

Identify the individual who will be assigned as the Project Manager for the implementation of

the proposed solution at RCPS. Describe the Project Manager’s qualifications to manage the

project for a district of this size and complexity.

Describe the amount of time the proposed Project Manager will be on-site at RCPS. Offerors are

expected to propose at least a half-time Project Manager for the duration of the implementation of

the proposed system.

Provide a preliminary project plan for implementing the proposed solution at RCPS. The plan

will identify all implementation tasks to be performed, start and end dates, task precedence

relationships, project milestones, and deliverables. The plan should be created in Microsoft

Project or a comparable tool. Sample project plans that are not tailored to RCPS’s specific

requirements and timeline will be considered non-compliant.

Describe the status reporting that will be provided. RCPS’s expectations are that during the period

of the contract, the Offeror will communicate the project’s status to the RCPS Project manager at

regular intervals through project status meetings. These meetings will review progress toward

major milestones and deliverables as defined in the baseline project plan. In addition, these

meetings will address any changes to the project plan with an assessment of the impact of such



changes. Agendas will be prepared by the Offeror’s Project Manager and provided to the RCPS

Project Manager, or designee, in sufficient time to allow for distribution of approved agendas two

business days prior to the meetings. Issues, concerns, action items and next steps will be jointly

agreed upon by the Offeror, the RCPS project manager, and RCPS stakeholders.

Describe the contract change management process that will be used to control and track project

changes.

Describe the risk management methodology that will be used to identify, assess, and mitigate

project risks. Identify the key risks to this project based on the Offeror’s experience with

projects of this size and complexity, and how these risks will be managed.

Describe the process that will be implemented to obtain RCPS’s approval and signoff on project

deliverables, and how the project will be transitioned from implementation by the Offeror’s team to

operation and support by RCPS staff.

Project Organization

Provide a project organization chart and documentation clearly defining all roles and

responsibilities of Offeror’s staff during implementation of the proposed solution. Specify the

amount of time the person filling each role will spend working on the project, and the planned

number of on-site days for each project role.

Provide a project organization chart and documentation clearly defining all roles,

responsibilities, and expectations of RCPS staff during the implementation of the proposed

solution. Specify the amount of time the RCPS person assigned to each role will need to

dedicate to the project.

Provide resumes describing the educational and work experiences for each project team member

who will be assigned to the project, including both direct employees and sub-contractors.

Resumes should indicate specific project related experience, the expected role(s) in this project,

and work location. Direct employees, consultants, and/or subcontractors must have agreed

prior to the proposal submission to perform the services for which their names and resumes

have been submitted. Offerors will be required to assign the specific employee named in the

proposal to the project in the event that they are awarded a contract.

Configuration and Customization

RCPS intends to purchase software applications that will satisfy the widest possible range of

RCPS requirements. Offerors should describe their experience with situations similar to RCPS’s

requirements to provide a vendor or local-hosted solution with a browser–based interface to a

large urban school district, and to successfully interface/integrate with third party products in

order to provide a complete solution that provides the desired capabilities.

Describe the approach that will be used to configure and/or customize the proposed solution to

meet RCPS’s requirements. Describe the typical timeframes required to complete

configuration/customization including the variables that may impact the time to develop

customizations if required. Include any assumptions based on past experience and explain the

basis for those assumptions.

Offerors proposing to provide the Data Warehouse System should describe their approach to

loading data from RCPS information systems as listed in RFP Section 3.0 into the Data



Warehouse. Offeror’s staff will work closely with the RCPS staff to ensure a successful, timely,

and accurate data loading process. RCPS will be provided the necessary vendor database

configuration table definitions to facilitate the mapping process. The Offeror will document this

process and provide the documentation to RCPS prior to testing in a test environment. The

business rules associated with this process documentation must be approved by RCPS prior to the

actual loading of such information into the production environment.

The District will entertain 2 options for the Data Warehouse system:

(1) Complete solution, including BI tools and analytics, and

(2) Solution that allows the District to use BI tool and analytics of their choice at the

presentation layer.

Vendors may submit a proposal for one or both options.

Training

Provide a plan for educating approximately 2,000 users on the proposed solution.

For the Data Warehouse System the Offeror is expected to direct fifty (50) RCPS users. A train

the trainer model is acceptable for the later phases of the implementation when the system is

rolled out to school personnel, but in the initial phases when the system is used only at the district

office the Offeror will be responsible for delivering all end user training.

Provide a plan for providing approximately five (5) RCPS Technical Staff who will be

responsible for operating and maintaining the Data Warehouse System with training to ensure

they have the skills and knowledge necessary to effectively perform their roles.

Provide editable electronic copies of all standard vendor training materials to RCPS with

authorization to customize these materials to meet the District’s specific training needs and to

address configuration and custom modifications implemented by/for RCPS.

Provide training services to assist the District with increasing the capacity of management and

staff in the school system to use the Data Warehouse System once it is deployed. This

assistance will take the form of professional development for RCPS staff and administrators as

well as management consulting for senior district managers to integrate the use of the data

system into accountability processes, performance evaluations, and existing work flows.

Testing

Acceptance Testing

The successful Offeror will perform acceptance testing throughout the implementation phase of

the project. Testing windows will be included in the project plan and will include anticipated

test functionality and performance testing. RCPS will work collaboratively with the Offeror to

refine the testing timeline and functional requirements.

The successful Offeror will demonstrate, through the testing process, that the proposed

product/solution works as required and meets all of the functional requirements. This

may require that representative records from the datasets be provided for review and

analysis.

Results of the acceptance testing will be documented and reported to the RCPS Project Manager

during the course of the implementation.

Describe the proposed approach to Acceptance Testing. Specifically address what RCPS

resources may be required to accomplish this during testing including the number and skill sets

of personnel and estimated level of effort.



Regression Testing

The successful Offeror must be willing to have their solution undergo routine testing to assure

that as functionalities are added to the system they meet RCPS business requirements and do not

degrade previously accepted capabilities.

Maintenance and Support

The proposed services will include maintenance support capabilities 24 hours a day, 7 days a

week, and 365 days per year. Support must be available through a toll free or local access phone

line and an online support request system. This support service will provide same day response

to questions, and provide RCPS with a single point of contact for all system-related issues. The

Offeror will also provide an online support knowledge base that is accessible by designated

RCPS technical support personnel to assist in diagnosing and resolving support issues.

Offerors shall describe their support structure, their ability to provide the level of support

required by RCPS, and identify the support team members and their responsibilities. Offerors

should also provide proof of prior support performance.

List and define the priority levels assigned to support calls by the Offeror’s support organization,

and specify the target response time, average response time, target resolution time, and average

resolution time for each priority level. (Response time is the time from when a support call is

placed to the time when someone qualified to diagnose and resolve the problem – not just an

operator who logs the call. Resolution is the time from when the support request is placed to

when it is solved to the customer’s satisfaction and closed.)

Specifically define the escalation procedures for service interruptions, including:

o Definition of “Major Outage”.

o Guaranteed response times for repair.

o Capabilities and responsibilities.

o List of Names/Positions with associated contact information for escalation of situations.

RCPS expects an extended maintenance agreement including support for the three-year base

period with four, one year renewal options. This agreement will cover any customizations

developed as part of the proposed solution, any existing product, and any integration with third

party products.

Technology Transition Process: The Offeror will develop, with RCPS management team a

process to ensure that the technology, skills, documentation and other resources associated with

the Data Warehouse System are transitioned to the RCPS personnel who will be responsible for

the long-term maintenance and administration for the system. Additionally, the Offeror and

RCPS will develop a transition process that addresses the resolution of post-production problems

and issues.



4.4 TECHNICAL SPECIFICATIONS

Describe and identify how the proposed solution meets the requirements of the following sections:

System Architecture

Describe the technical architecture of the proposed system, including the architectural model

used (e.g., Web-Based, Client Server, etc.). Also specify the required client software, network

protocol(s), and network bandwidth recommendations for the system. Specify the number and

types of servers recommended for RCPS and provide a flow chart illustrating the system

operating mode. This information must be provided regardless of whether the system is vendor

hosted or District hosted. If the system is vendor hosted, RCPS needs to understand whether

the servers supporting RCPS will be dedicated to the District or shared with other customers.

Describe each layer that will be in the stack. The description shall include the tools and

pertinent details about the processes used at each layer. Also, describe the type of data

modeling and schema that will be used for the system.

The successful Offeror will review RCPS current technical architecture and infrastructure, and

assess the ability of the proposed solution to function efficiently within that environment.

Offerors are encouraged to prepare comparative analyses of provision of services.

Security Tools and Capabilities

Describe how the proposed solution authenticates users at login and supports periodic password

changes.

Describe how the proposed solution will accomplish single sign-on with RCPS existing

authentication system (Active Directory).

Describe how the solution manages role assignment and authentication for access to

functionality and records.

Describe both internal and external policies and procedures designed to support

Family Educational Rights and Privacy Act (FERPA) regulations and the Georgia

Student Data Privacy, Accessibility, and Transparency Act.

System Performance, Availability, Reliability, and Redundancy

Offerors will describe the performance guarantees or service level agreements they offer their

customers, addressing both system availability and response times.

Also describe:

o The fault tolerance provisions built into your operating environment. This should

include the processes in place to monitor capacity and response times and the type of

monitoring conducted (proactive vs. reactive).

o Measurement of response time (end to end or within the facility).

o Management reports available to the District.

o Methods for backing up District data.

o Disaster recovery provisions and testing of disaster recovery processes.

o Schedule for refreshing equipment.

o Frequency of system software updates, and methods of notifying/preparing users.

o Scalability of the system to a district of RCPS size, and also to accommodate growth in

the number of districts the Offeror is supporting.



User Workstation Specifications

Provide both the recommended configuration and the minimum supported configuration for

client workstation hardware. Specification should include CPU, memory, disk size and

configuration, network interface cards, drives for removable media, and any other recommended

components for Windows workstations.

Provide the recommended software configuration for client workstations to use the proposed

software. If a web browser is required, what additional plug-ins and/or controls are required?

(Java, ActiveX, etc.) Include versions for each item where applicable. Specifications should

include product name and version/service packs recommended for:

o Operating system

o Web browser

o Database management system or ODBC driver, if applicable

o Reporting tools

o Email system

o Productivity software

Offeror should also specify whether client or driver software for the proposed applications will

need to be installed on end user workstations, or whether a web browser is all that is required. If

this depends on the type of user, specify what is required for each user category.

Note: The District prefers solutions that are web-based and do not require a client to be installed

on user workstations, therefore, web-based solutions will be scored higher than solutions that

require client software installation.



5.0 PROPOSAL FORMAT

5.1 General Format – Three Part Submission

A. Offerors shall submit in separate sealed envelopes the following:

Volume I – Technical Proposal

Volume II – Financial Proposal

B. Each envelope or box shall comprise the following:

The Technical Proposal shall include one (1) original (so labeled) and five (5) copies

in a sealed envelope or box clearly labeled Volume I “Technical Proposal”, along with

the Offeror’s name. An electronic version of the Technical Proposal shall also be

submitted with the original. Electronic media must be a CD or USB drive and shall bear

a label on the outside containing the RFP number and name as well as the name of the

Offeror and the words Volume I: Technical Proposal.

The Financial Proposal shall include one (1) original (so labeled) and five (5) copies

in a sealed envelope clearly labeled Volume II “Financial Proposal” along with the

Offeror’s name. An electronic version of the Financial Proposal shall also be submitted

with the original and shall bear a label on the outside containing the RFP number and

name as well as the name of the Offeror and the words Volume II: Financial Proposal.

C. Each envelope or box shall, in addition, be labeled with the following:

The Offeror’s Name and business address.

The due date/time for receipt of proposals.

RFP #7221-181– RCPS Data Warehouse System

All proposals are due no later than 10:00 am on February 28, 2017, to the following

location:

Rockdale County Public Schools

Purchasing Department

1062 North Street

Conyers, Georgia 30012

5.2 Volume I: Technical Proposal Format

Each proposal must include a table of contents and all pages in the technical proposal must be

numbered consecutively from beginning to end and separated by tabs as described below:

TAB A: TRANSMITTAL LETTER

Technical proposals are to be accompanied by a brief transmittal letter prepared on the Offeror’s

letterhead, and signed by an individual who is authorized to commit the Offeror to the services and

requirements in the RFP. This transmittal letter shall include:

1.0 The name, title, address, telephone number, and electronic mail address of the person

authorized to bind the Offeror to the contract, who will receive all official notices concerning

this RFP.

2.0 The Offeror’s Federal Tax Identification Number or Social Security Number.

3.0 A brief statement of the Offeror’s understanding of the work to be done, the commitment to

perform the work within the time period, and a statement of why the firm believes it is best

qualified to perform the engagement.

4.0 A statement that the proposal is a firm and irrevocable offer for a period of one hundred



twenty (120) days.

5.0 Acknowledgement of all Addenda to this RFP.

6.0 Any exceptions the Offeror may have to any of the requirements of the solicitation or any of

the terms and conditions in the Professional Service Agreement along with a copy of any

form or contract that RCPS may be requested to sign.

TAB B. TABLE OF CONTENTS

TAB C. EXPERIENCE AND CAPABILITIES

Offeror shall provide information on past and current experience with rendering services similar to

those in this RFP. This description shall include:

1.0 Summary of the services offered including the number of years the Offeror provided these

services; the number of clients and geographic location the Offeror currently serves, and has

served; and if a past customer, why the Offeror is no longer providing services.

2.0 Organization chart of the Offeror showing the major components of the unit(s) that will be

performing the requirements of this contract; where the management of this contract will fall

within the organization; and what resources will be available to support this contract in

primary, secondary and back-up roles.

3.0 Name all key personnel who will perform work under this contract and include each

individual’s resume. Include work history, educational background, and indicate the

proposed role/function of each individual.

4.0 At least five (5) references from its customers who are capable of documenting the

following: a) the Offeror’s ability to manage similar contracts; and b) the quality and breadth

of services provided by the Offeror under similar contracts (See Appendix B).

TAB D. FISCAL INTEGRITY/FINANCIAL STATEMENTS

1.0 The Offeror shall include with their proposal an audited copy of financial statements for the

previous two fiscal years. This copy should include auditor’s comments. In the event these

statements have not been audited by an outside firm, one or more of the following may be

submitted to establish fiscal integrity:

A. Recently audited (or best available) financial statements

B. Dunn and Bradstreet Rating

C. Standard and Poor’s Rating

D. Lines of credit

E. Evidence of a successful financial track record

F. Evidence of adequate working capital

2.0 The Offeror shall identify any claims during the past five (5) years and provide information

on any pending litigation, lawsuits, etc.

TAB E. TECHNICAL RESPONSE TO RFP SCOPE OF SERVICES

The Offeror shall address each major requirement of the Scope of Services: 4.1 - Data Warehouse

System, 4.2 - Implementation and Support Services, and 4.3 - Technical Specifications.

TAB G. SCOPE OF SERVICES: REQUIRED FUNCTIONS AND FEATURES (APPENDIX G)

TAB H. PROJECT PLAN WITH PROPOSED MILESTONE COSTS (%ONLY)

TAB I. REFERENCES (Appendix B)



TAB J. CERTIFICATE OF INSURANCE (Notarized)

TAB K. W9…Signed

TAB L. BID BOND

5.3 Volume II. Financial Proposal

Offerors shall enter all price information on Appendix E, “Financial Proposal Form” and submit it

under a separate sealed cover as described in Part III, Section 1.0.



6.0 EVALUATION AND SELECTION PROCEDURE

6.1 Evaluation Committee

A. Evaluation of the proposals will be performed by a committee established for that purpose and

will be based on the criteria set forth below. The contract resulting from this RFP will be

awarded to the Offeror whose proposal is the most advantageous to RCPS, considering price and

technical factors set forth herein.

B. The Evaluation Committee will make the final determination about acceptability of proposals.

C. The financial proposals will not be distributed to the committee until the technical evaluation is

completed.

6.2 Evaluation Process

A. The committee will evaluate each technical proposal using the evaluation criteria set forth below.

As part of this evaluation, the Committee may hold discussions with all qualified Offerors.

Discussions may be conducted via teleconference or may take the form of questions to be

answered by the Offerors and conducted by mail, e-mail, or facsimile transmission at the

discretion of RCPS. During the evaluation process, the committee may request technical

information from any source.

B. Offerors whose technical proposals are ultimately deemed reasonably susceptible of being

selected for award and who are determined “responsible” will be considered “qualified

Offerors.”

C. Any Offeror who does not meet the requirements will be declared “not responsible” or “not

reasonably susceptible of being selected for an award” and its financial proposal will be returned

unopened.

D. Offerors may be asked to make an oral presentation to the Evaluation Committee. The purpose

of the oral presentation is to provide an opportunity for the Offeror to clarify its proposal

submission and substantiate proposal representation. The oral presentation is part of the

technical evaluation.

E. Following completion of the technical evaluation of all Offerors’ technical proposal, including

any discussions, the committee will rank each qualified Offerors’ technical proposal.

F. The cost proposal of each qualified proposal will be distributed to the Evaluation Committee

following the completion of the technical evaluation. The cost proposals will not be distributed

to the committee until the technical evaluation is completed. The Committee will determine

total costs of the proposals in order to establish a financial ranking of the proposals from lowest

to highest.

G. The Evaluation Committee may reject in whole or in part any and all proposals, waive minor

irregularities, and conduct discussions with any responsible Offerors in any manner deemed

necessary to serve the best interest of RCPS.

H. If it is determined to be in the best interest of RCPS, RCPS may invite Offerors to make final

revisions to their technical and/or financial proposals through submission of a Best and Final

Offer.



I. The Committee will recommend the Offeror whose overall proposal provides the most

advantageous offer to RCPS considering both price and technical factors set forth in this RFP.

The technical proposal will be afforded more weight than the financial proposal.

6.3 Evaluation Criteria

The Evaluation Committee will evaluate the technical proposals using the criteria below. The

committee shall determine which proposals have the basic requirements of the RFP and shall have

the authority to determine whether any deviation from the requirements of the RFP is substantial in

nature. The committee may reject in whole or in part any and all proposals and waive minor

irregularities.

A. Approach to satisfying requirements as described in the Scope of Services

B. Offeror’s experience and capabilities /references

C. Fiscal Integrity/Financial stability



7.0 OFFEROR’ S EVIDENCE OF RESPONSIBILITY

The District reserves the right to require any financial information from an Offeror, including but not

limited to financial statement and/or Dun and Bradstreet rating from any Offeror who submits a

proposal. The Offeror must submit a current financial statement and/or Dun and Bradstreet report.



8.0 CONTRACT

8.1 Included in this RFP as Appendix C is a copy of the Rockdale County Public Schools’

Software Contract (“Contract”) and an explanatory memorandum entitled “Contracting with

a School District” (“Memo”), both located in Appendix D. The Memo explains why some

contractual provisions are either required or prohibited by law.

8.2 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.

8.3 If you have questions or comments about the Agreement please email Glenna Foster,

contract administrator [email protected]. All questions must be in writing and any

response by Rockdale County Public Schools will be shared with all parties.




APPENDIX A

SCHEDULE OF EVENTS

EVENT DATE

Release of RFP January 13, 2017

Deadline for Written Questions January 23, 2017

Email Questions to: [email protected]

Questions & Answers Posted on the Website February 1, 2017

Proposal Due Date February 28, 2017

Dates listed above may be amended as appropriate by the Purchasing Manager, Glenna Foster.

Offerors should check website daily.




APPENDIX B

REFERENCE FORM

CLIENT REFERENCE

Contact Name: Phone:

School/Company:

Similarities in project:

CLIENT REFERENCE


School/Company:


CLIENT REFERENCE


School/Company:




CLIENT REFERENCE


School/Company:


CLIENT REFERENCE


School/Company:




APPENDIX C

CONTRACT FOR DATA WAREHOUSE SYSTEM

Between:

ROCKDALE COUNTY BOARD OF EDUCATION,

on behalf of the

ROCKDALE COUNTY SCHOOL DISTRICT

and

Dated this day of , 20



CONTRACT FOR DATA WAREHOUSE SYSTEM

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 Technical Proposal. [Describe in Technical Proposal all 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 APPENDIX E. [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 prohibited 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 required to be provided through December 31, and the District must pay Contractor all fees due for accepted services and accepted goods through December 31,

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:

2017 $

2018 $

2019 $ 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.

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

obtained to make all payments due hereunder.

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

obligations become unavailable.

6.1.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.

6.2.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 or breaches identified in the written notice within a

specified period not to exceed ten (10) days.

6.2.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.

6.2.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.



6.2.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:

6.3.a. insolvent;

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

6.3.c. files a voluntary petition of bankruptcy;

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

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

whether domestic or foreign; or

6.3.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.

6.5.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:

6.5.a.i. reasonable costs incurred through the date of notice of termination (not the

effective date of termination), and

6.5.b.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. Unless authorized by the Board, Contractor

shall return all materials as contemplated in this section within thirty (30) calendar days

of the termination or expiration of this Contract.

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:

9.1 (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.

9.1 (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 Family Educational Rights and Privacy Act

(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 the 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 OCGA § 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. § 1232g 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.

10.3(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.



10.3(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, at

school related functions, or within 1,000 feet of school property 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 2 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 4 and incorporated within this Contract and shall maintain records of such

attestation for inspection by the Board at any time

14.4.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. Sales Tax

15.1. 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.

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

exemption certificates.

16. No Warranty Disclaimer.

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

RFP.

16.2. The Contractor shall not disclaim these warranties. 17. Mutual Limitation on Damages Except for Limited Situations

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

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

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

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

from:

17.2.a. Personal injury or death;

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

Contractor; or



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

damages, indemnification or reimbursement.

18. Assignment of Personnel

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

perform such Services.

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

to perform the Services.

18.1.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.

18.2 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.

19. Software and Specifications

The Contractor shall provide all software (“Software”) in strict compliance with the descriptions

and representations as to the Software (including performance, capabilities, accuracy,

completeness, characteristics, specifications, configurations, standards, functions and

requirements) which appear in the RFP and the terms of the Contract.

20. Software Licenses

Contractor shall provide Software licenses (“Licenses”) in compliance with the specifications

contained in the RFP and the terms of the Contract. To the extent permitted and/or required by

the Software publishers of any Software provided hereunder, Contractor hereby grants an

irrevocable, nonexclusive, worldwide, perpetual, fully paid up, royalty-free license and/or

sublicense to use, execute, maintain, reproduce, modify, display, and perform copies of Software

and accompanying documentation in accordance with the licensing capacity (if any) specified in

the RFP and or applicable Purchase Instrument. The District may copy the Software as necessary

to efficiently utilize the Software. Without limiting the generality of the foregoing, such rights

shall include copying rights granted to “owners of copies” under federal copyright laws of the

United States, plus copying:

20(a) for backup, archive or emergency restart purposes;

20(b) for disaster recovery and disaster recovery testing purposes;

20(c) to migrate the Software for use on other computers and/or hardware; and



20(d) to store the Software at any off premise location which the District uses for storage

purposes.

If Contractor is acting as a reseller of the Software, Contractor must provide the licenses, as

required by the Software publishers, to the District and shall coordinate with any negotiations of

such licenses as may be conducted between the District and the Software publishers. All licenses

provided hereunder shall remain in effect perpetually.

21. Exclusions

Except as expressly permitted by this Contract, the District agrees that it will not

21(a) Lease, loan, resell, sublicense or otherwise distribute the Software to entities or

individuals who are not party to this Contract;

21(b) Permit third-party access to, or use of, the Software, except as permitted in the

Contract;

21(c) Create derivative works based on the Software;

21(d) Reverse engineer, disassemble, or decompile the Software; or

21(e) Remove any identification or notices contained on the Software.

The District will notify Contractor if the District becomes aware of any unauthorized third-party

access to, or use of, the Software.

22. Services and other Deliverables

Contractor shall provide services and other deliverables (“Services”) in compliance with the

specifications contained in the RFP, in Contractor’s Response, and the terms of the Contract.

“Services” shall include administration, distribution, installation, configuration, support and

training services as further described in the RFP. Contractor and any employees of Contractor

will perform the services on time, in a workmanlike manner, and consistent with the level of care

and skill ordinarily exercised by other providers of similar services at the time such services are

provided.

23. Product Shipment and Delivery

All products shall be provided as required by the provisions of the RFP. Unless the RFP requires

otherwise, all products shall be made available either by online download or shall be shipped

F.O.B. destination. Destination shall be the location(s) specified in the RFP or any provided

Purchase Order. All items shall be at Contractor’s risk until they have been delivered and

accepted by the District. All items shall be subject to inspection on delivery. Hidden damage

will remain the responsibility of Contractor to remedy without cost to the District, regardless of

when the hidden damage is discovered.



24. Non-Exclusive Rights

The Contract is not exclusive. The District reserves the right to select other contractors to provide

software, licenses and services similar to the Software and Services described in the Contract

during the term of the Contract.

25. Indemnification; Specific to Software Contracts

26. Patent/Copyright/Trade Secret/or other Proprietary Rights of a Third Party Infringement

Claim and Indemnification

Contractor shall, at its expense, defend any suit instituted against the District and indemnify the

District against any award of damages and costs made against the District by a final judgment of

a court of last resort in such suit insofar as the same is based on any claim that any of the

Software, Licenses and/or Services constitutes an infringement of any United States Letters

Patent, copyright, trade secret, or other proprietary rights of a third party, provided the District

gives Contractor immediate notice in writing of the institution of such suit, and gives Contractor

all available information, assistance and authority to defend the suit.

Contractor shall not be liable for any award of judgment against the District reached by

compromise or settlement unless Contractor accepts the compromise or settlement.

Contractor shall have the right to enter into negotiations for and the right to effect settlement or

compromise of any such action, but no such settlement shall be binding upon the District unless

approved by the District.

26(a) In Case of Injunction against Contractor

In case any of the Software, Licenses and/or Services is in any suit held to

constitute infringement and its use is enjoined, Contractor shall, at its option and

expense:

(i) Procure for the District the right to continue using the Software, Licenses

and Services;

(ii) Replace or modify the same so that it becomes non-infringing; or

(iii) Remove the same, cancel any future charges pertaining thereto, and

refund pro rata share of any license fee or maintenance fee.

26(b) No Liability to District by Contractor in Certain Circumstances

Contractor, however, shall have no liability to the District if any such patent, or

copyright infringement or claim thereof is based upon or arises out of:

(i) Compliance with design plans or specifications furnished by or on

behalf of the District as to the Software;

(ii) Use of the Software in combination with apparatus or devices not

supplied by Contractor;

(iii) Use of the Software in a manner for which the same was neither



designed nor contemplated; or

(iv) The claimed infringement of any patent or copyright in which the

District or any affiliate or subsidiary of the District has any direct

interest by license or otherwise.

27. Survives Termination

The indemnification obligation of Contractor shall survive termination of the Contract. 28. Warranties.

28.1 Construction of Warranties Expressed in the Contract with Warranties Implied by

Law

All warranties made by Contractor and/or subcontractors in all provisions of the Contract

and the Contractor’s Response, whether or not the Contract specifically denominates the

Contractor’s and/or subcontractors’ promise as a warranty or whether the warranty is

created only by the Contractor’s affirmation or promise, or is created by a description of

the Software, Licenses and Services to be provided, or by provision of samples to the

District shall not be construed as limiting or negating any warranty provided by law,

including without limitation, warranties which arise through course of dealing or usage of

trade, the warranty of merchantability, and the warranty of fitness for a particular

purpose. The warranties expressed in the Contract are intended to modify the warranties

implied by law only to the extent that they expand the warranties applicable to the

Software, Licenses and Services provided by Contractor. Contractor shall assign and

pass through to the District all applicable Software publishers’ warranties, covenants and

indemnification provisions. The provisions of this section apply during the term of the

Contract and any extensions or renewals thereof.

28.2 Nonconforming Software

All Software delivered by Contractor to the District shall be free from any defects in

design, material, or workmanship. In the event that any of the Software is found by the

Contractor, the District, student, other party to the Contract, or court having jurisdiction,

to contain a defect, serious quality or performance deficiency, or not to be in compliance

with any standard or requirement so as to require or make advisable that such Software

be reworked or recalled, Contractor will promptly communicate all relevant facts to the

District and undertake all corrective actions, including those required to meet all

obligations imposed by laws, regulations, or orders, and shall file all necessary papers,

corrective action programs, and other related documents, provided that nothing contained

in this section shall preclude the District from taking such action as may be required of it

under any such law or regulation.

The District shall have the option of returning or replacing the defective Software at

Contractor’s expense. If Contractor is the Software publisher, Contractor shall perform

all necessary repairs or modifications at its sole expense provided the District determines

the performance of such repairs and modifications is in the District’s best interest.



Payment for the Software shall not constitute acceptance. Acceptance by the District

shall not relieve Contractor of its warranty or any other obligation under the Contract.

28.3. Originality and Title to Provide Software and Services

Contractor represents and warrants that all the concepts, materials, Software and Services

produced, or provided to the District pursuant to the terms of the Contract shall be wholly

original with Contractor or that Contractor has secured all applicable interests, rights,

licenses, permits or other intellectual property rights in such concepts, materials Software and Services. Contractor represents and warrants that it is the owner of or otherwise has

the right to use and distribute the Software and Services contemplated by the Contract.

Contractor or the original Software publisher shall retain all right, title and interest in the

Software and any accompanying documentation, including all applicable intellectual

property rights.

Contractor represents and warrants that the concepts, materials, Software and Services

and the District’s use of same and the exercise by the District of the rights granted by the

Contract shall not infringe upon any other work, other than material provided by the

Contract to Contractor to be used as a basis for such materials, or violate the rights of

publicity or privacy of, or constitute a libel or slander against, any person, firm or

corporation and that the concepts, materials, Software and Services will not infringe upon

the copyright, trademark, trade name, trade dress patent, literary, dramatic, statutory,

common law or any other rights of any person, firm or corporation or other entity.

28.4. Conformity with Contractual Requirements

Contractor represents and warrants that the Software, Licenses and Services provided in

accordance with the Contract will appear and operate in conformance with the terms and

conditions of the Contract.

28.5. Authority to Enter into Contract

The Contractor represents and warrants that it has full authority to enter into the Contract

and that it has not granted and will not grant any right or interest to any person or entity

that might derogate, encumber or interfere with the rights granted to the District.

28.6. Obligations Owed to Third Parties

Contractor represents and warrants that all obligations owed to third parties with respect

to the activities contemplated to be undertaken by Contractor pursuant to the Contract are

or will be fully satisfied by Contractor so that the District will not have any obligations

with respect thereto.

28.7. Title to Property

Contractor represents and warrants that title to any Software assigned, conveyed or

licensed to the District is good and that transfer of title or license to the District is rightful

and that all Software shall be delivered free of any security interest or other lien or

encumbrance.

28.8. Industry Standards



Contractor represents and expressly warrants that all aspects of the Software, License and

Services provided or used by it shall at a minimum conform to the standards in

Contractor’s industry. This requirement shall be in addition to any express warranties,

representations, and specifications included in the Contract, which shall take precedence.

28.9. Contractor's Personnel and Staffing

Contractor warrants that all persons assigned to perform the Services under this Contract

are either lawful employees of Contractor or lawful employees of a Subcontractor

authorized by the District. All of Contractor’s or any subcontractor’s personnel shall

comply with the confidentiality requirements of the Contract and the security

requirements of the District while on school property or at a school related function. In

the event that any of Contractor’s or subcontractor's personnel do not comply with such

confidentiality and security requirements, the District may have the personnel removed

from the premises.

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

perform such Services. Personnel assigned by Contractor shall have all professional

licenses required to perform the Services. 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 Contractor in writing and 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.

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.

29. Notice.

29.1 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.)

29.2 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.

29.3 Effectiveness of a Notice



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

(14.1) and (14.2).

29.4 Designated Addresses

Rockdale County District:

Superintendent, Richard Autry

954 North Main Street

P.O. Box 1199


With copy to:

General Counsel, Santana Flanigan

954 North Main Street

P.O. Box 1199


Contractor:

With copy to: 30. Merger and Order of Preference.

30.1. 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.

30.2 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:



30.2(a) First, by giving preference to the specific provisions of this Contract, any

accepted amendments, and Offeror’s Technical Proposal;

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

30.3. 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.

31. 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.

32. Waivers

32.1. 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.

32.2. Effect of Failure, Delay or Course of Dealing

36.2(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

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

or estoppel of any right, remedy or condition.

32.3 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.

33. 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.



34. 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.

35. 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 cause 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.

36. 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.

37. Subcontractors

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

consent of the District.

38. Third Party Beneficiaries

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

than the signatories.

39. 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.



40. 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.

41. Rights and Remedies Cumulative

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

exhaustive.

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

exercise of any other right or remedy.

41.3 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.

42. 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.

43. 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 my from time to time be provided by written instrument signed by both parties.

44. 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 – Offeror’s Exceptions

EXHIBIT 2 – Contractor Affidavit and Agreement

EXHIBIT 3 – 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

OFFEROR’ S EXCEPTIONS

[If the OFFEROR 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 an Offeror 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 2

CONTRACTOR AFFIDAVIT AND AGREEMENT

By executing this affidavit, the undersigned contractor verifies its compliance with OCGA 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 OCGA 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 OCGA 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 3

SUBCONTRACTOR AFFIDAVIT

By executing this affidavit, the undersigned subcontractor verifies its compliance with OCGA 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 OCGA 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. 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

County Board of Education 279 Ga. App. 513 (2006).

2. 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 as follows:

o The Chief Financial Officer or his/her designee must review and may sign contracts up

to $25,000 in value;

o The Superintendent or his/her designee must review and sign all contracts of $25,000 to $100,000;

o The Chair or his/her Board designee must review and sign all contracts in excess of $100,000 and all contracts involving the sale of real property.

3. 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.

4. 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.

5. 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, (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 to Bid (“ITB”) or a Request for Proposal (“RFP”),

Offerors 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 ITB. 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. 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.

9.3 Contractor must acknowledge and 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.

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. § 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. Contractor and Subcontractor compliance with employment Eligibility Verification

(O.C.G.A. § 13-10-91) is required. Georgia law makes compliance with the requirements

of O.C.G.A. § 13-10-91 and Rule 300-10-.02 conditions of this Agreement. 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.



APPENDIX E

FINANCIAL PROPOSAL FORM (TO BE SUBMITTED WITH FINANCIAL PROPOSAL)

DATA WAREHOUSE SYSTEM RFP #7221-181

Company Name

Address:

Phone Number

TO: ROCKDALE COUNTY PUBLIC SCHOOLS

Gentlemen:

We propose to provide a DATA WAREHOUSE SYSTEM to Rockdale County Public Schools in

accordance with Special Terms and Conditions, General Terms and conditions, Scope of Work, and other

documents of this Request for Proposal.

Data Warehouse System and integration services

On-Going Maintenance and Support (Included in year 1) annual cost for years 2-5

The proposed project plan with project milestones and payment milestones (%’s) required in the technical

proposal must tie into this Proposal. The completed project plan along with the costs must also

accompany this form.

Signature: ____________________________________ Date __________________________



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 a

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: ____________________________________________

954 North Main Street Conyers, GA 30012

(770) 483-4713 Richard Autry, Superintendent



APPENDIX G

SCOPE OF SERVICES: REQUIRED FEATURES AND FUNCTIONALITY

EXCEL FILE – ATTACHED UNDER SEPARATE COVER

7221-181 -

Appendix G.xlsx

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