RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 1
5
Vendor Services Department
Procurement
1701 Mountain Industrial Boulevard
Stone Mountain, Georgia 30083
REQUEST FOR PROPOSAL (RFP) 24-589
English Learners Program Evaluation & Master Planning
Schedule of Events
EVENT DATE(S) TIME LOCATION
Solicitation Posts 05/23/2024 https://dekalbschoolsga.ionwave.net
Optional Pre-Proposal
Conference
06/04/2024 2:00 PM Via Microsoft Teams (registration required)
Mandatory Site Visit
N/A N/A N/A
Deadline to Submit
Questions (Q&A)
06/07/2024 12:00 PM https://dekalbschoolsga.ionwave.net
Q&A Deadline Responses 06/14/2024 4:30 PM https://dekalbschoolsga.ionwave.net
Submission Deadline 06/25/2024 2:00 PM https://dekalbschoolsga.ionwave.net
Virtual Public
Acknowledgement
06/25/2024 3:00 PM Via Microsoft Teams (Registration required)
SUBMISSIONS MUST BE RECEIVED ELECTRONICALLY VIA https://dekalbschoolsga.ionwave.net
DeKalb County School District Solicitation Contact Person:
Fred Christopher, Procurement Manager III-Non-Capital
(678) 676- 0217 and/or email at solicitationquestions@dekalbschoolsga.org
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 2
1701 MOUNTAIN INDUSTRIAL BLVD, STONE MOUNTAIN, GEORGIA 30083
https://dekalbschoolsga.ionwave.net
REQUEST FOR PROPOSAL
RFP 24-589
English Learners Program Evaluation
&
Master Planning
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 3
TABLE OF CONTENTS
Title Page ..................................................................................................................................... 2
Table of Contents ...................................................................................................................... 3-4
Submittal Terms ................................................................................................................................................................. 5-7
Attachments ........................................................................................................................... 30-63
PART I – BACKGROUND AND INFORMATION
A. Objectives ............................................................................................................. 8
B. General Information ............................................................................................... 8
C. Procurement Process ............................................................................................. 8
D. Addenda ................................................................................................................. 8
E. Proposal Contact Persons...................................................................................... 9
F. Prohibited Contacts ................................................................................................ 9
G. Optional Virtual Pre-Proposal Conference ............................................................. 9
H. Proposal Submission Deadline………………………………………………………... 9
I. Virtual Public Acknowledgement.……………………………………………………. .. .9
J. Questions and Answers ....................................................................................... 10
PART II – GENERAL REQUIREMENTS
A. Offeror Performance ........................................................................................... 11
B. News Release ..................................................................................................... 11
C. Non-Discrimination .............................................................................................. 11
D. Drug Free Workplace .......................................................................................... 11
E. Smoke Free Workplace ....................................................................................... 11
F. Background Check ............................................................................................... 11
G. Costs Incurred ..................................................................................................... 12
H. Insurance ............................................................................................................. 12
I. Indemnification ..................................................................................................... 14
J. Illegal Immigration Reform and Enforcement Act of 2011 .................................... 15
K. Interviews ............................................................................................................ 15
L. Contract Terms .................................................................................................... 15
M. Permits and Applicable Laws ............................................................................... 16
N. Infringement ......................................................................................................... 16
O. Ownership Rights ................................................................................................. 16
P. Non-Collusion....................................................................................................... 16
Q. Conflict of Interest ................................................................................................ 16
R. Financial Stability ................................................................................................. 17
S. No Obligation/No Contract Guaranteed ............................................................... 17
T. Confidentiality and Non-Disclosure ...................................................................... 17
U. Business License ................................................................................................. 18
V. Protest Process…………………………………………………………………………18
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 4
TABLE OF CONTENTS (CONT’D)
PART III – SCOPE OF WORK
A. Purpose / Project Overview ............................................................................... 20
B Project Scope of Work ....................................................................................... 20
C. References ........................................................................................................ 24
D. Brochures, Catalogs, Manuals, Websites, Literature ......................................... 24
E. Added Value ...................................................................................................... 24
F. Technical Proposal ............................................................................................ 24
G. Transition Plan................................................................................................... 27
H. Required Content / Document Checklist ............................................................ 29
ATTACHMENTS
Attachment A – Cost Proposal Form ................................................................................ 30
Attachment B – Non-Collusion ......................................................................................... 31
Attachment C- Conflict of Interest .................................................................................... 32
Attachment D – Critical Paragraphs ................................................................................. 33
Attachment E – Offeror’s Client Reference Form ............................................................. 34
Attachment F – Confidentiality and Non-Disclosure ........................................................ 35
Attachment G – Suspension and Debarment ................................................................... 36
Attachment H – Illegal Immigration Reform and Enforcement Act of 2011
Certification ............................................................................................. 37
Attachment I – Sample Service Agreement ..................................................................... 43
Attachment J – Signature Page ....................................................................................... 63
Final Page ........................................................................................................................ 64
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 5
DeKalb County School District (“DCSD”) extends this offer to submit a proposal for the possible purchase or
lease of goods and/or services conforming to the following designated specifications, terms, and conditions. This
solicitation will require DCSD Board of Education approval.
Format and Submission of Proposals
Submittal responses to this solicitation will be received electronically on the DeKalb County School District
website at https://dekalbschoolsga.ionwave.net.
The format requirements for RFP responses are designed to ensure uniformity in the responses, provide the
information necessary to understand each offeror’s proposal, and facilitate an efficient and comprehensive
evaluation of all responses. Proposals must comply with the specifications and detailed instructions stated in
this RFP document, be signed by the certifying company official, and be presented to the DCSD Purchasing
Department according to the detailed instructions stated in this document.
• RFP responses must be submitted electronically via https://dekalbschoolsga.ionwave.net.
• Proposals must be presented in a PDF format. All attachments must be identified properly for easy
recognition and association.
• Each page of the response must be numbered.
• Each proposal must contain a detailed Table of Contents and must be organized in the same order
as the requirements are outlined in this RFP document. Each separate bullet point must be addressed
individually. A response that does not adhere to a “point-by-point” format may be disqualified.
• Responses shall be organized simply and economically. Emphasis must be placed on completeness
and clarity. Proposals that do not include all the required information may be disqualified.
All potential respondents must register as a vendor at https://dekalbschoolsga.ionwave.net.
Time is of the essence. Specify your earliest __________ and latest __________ service commencement dates
after receipt of award letter.
Approval by the DeKalb County Board of Education
Official approval by the DeKalb County Board of Education is required for this procurement. No contract shall be
construed to be formed without the advance official approval of the DeKalb County Board of Education. The
successful offeror will be notified after DeKalb County Board of Education approval.
Funding Provisions
No award or contract will be made if funding is not approved by the DeKalb County Board of Education.
Compliance with Requirements
Offeror must indicate below whether or not their proposal is in complete compliance with the stated requirements.
If there are any deviations from these requirements, offeror must indicate in writing what the exact deviations are
and what actual services will be provided. Attach and label additional sheets if necessary.
___ Proposal is in complete compliance with proposal requirements.
___ Proposal deviates from stated requirements as follows:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 6
Cancellation
Awards, contracts, and extensions may be canceled for convenience by the DeKalb County School District
(DCSD) at any time. In the event of termination of contract by DCSD, the DCSD will be responsible only for those
services that have been delivered and accepted according to the RFP requirements. Any cancellation for
convenience by DCSD shall be effective three (3) business days after receipt of the Notice of Cancellation for
convenience from DCSD by the Offeror.
Fiscal Year Funding Implications
The fiscal year for DCSD begins July 1 and ends June 30. This solicitation and any resulting contract(s) may
contain renewal and extension options.
This solicitation, any resulting contract(s), and any renewal and extension options shall terminate absolutely
without further obligation on the part of DCSD at the end of the fiscal year in which this solicitation was issued and
at each June 30 renewal anniversary date thereafter unless the successful offeror is notified otherwise and agrees
in writing to the exercise of renewal and extension options.
Payment to Successful Vendor(s)
Payment for goods and services will be made by electronic funds transfer (EFT). Vendor(s) doing business with
DCSD are required to provide EFT payment information when registering as a DCSD vendor at:
https://www.dekalbschoolsga.org/purchasing/.
Rights Reserved
DCSD reserves the right to accept or reject any and/or all parts of responsive proposals received and/or to reject
all proposals submitted. DCSD reserves the right to award any resulting contract in the manner that is in the best
interest of and most advantageous to DCSD. DCSD reserves the right to waive any technicalities or minor
irregularities in responses received and to award the contract in the most beneficial manner for DCSD. The decision
of DCSD shall be final.
DCSD reserves the right to request and negotiate a “best and final” response from offerors.
Taxes
Purchases made by DCSD are not subject to federal, state, or local sales tax. A Sales Tax Exemption Certificate
will be furnished upon request.
F.O.B. Delivery
All prices are to be F.O.B. delivery to various DCSD locations.
Estimated Quantities
The quantities shown in this RFP document are estimates, which are provided for your information. However,
actual quantities purchased by DCSD may vary.
Exclusions of Trade Usages
This RFP contains all of the terms, conditions and obligations to which the parties agree, and shall not be
modified, controlled, explained, supplemented or affected in any way by any usage of trade not expressly
included in this agreement.
Conditional Proposals
Proposals that are conditional and/or in any way qualify or vary the terms of these instructions, conditions, and
specifications shall be considered non-responsive and disqualified.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 7
Offeror Failure
In the event services to be furnished by the successful offeror should for any reason fail to conform to the scope
of work contained herein, DCSD reserves the right to reject the services and further reserves the right to terminate
the contract.
Failure of the successful offeror to perform contracted services may also result in the removal of that offeror from
doing business with DCSD for a period of not less than one year.
Georgia Open Records Act
All proposals submitted in response to DCSD solicitations may be subject to the Georgia Open Records Act, which
permits any member of the public to inspect and/or copy documents prepared and maintained or received in the
course of the operation of the public office or agency.
No Assignment of Award
The successful offeror may not assign the award or contract to or subcontract with another party without the
express written permission of DCSD.
The Laws of the State of Georgia
This RFP and subsequent agreement are subject to the laws of the State of Georgia.
2 CFR 200.322(a)
§ 200.322 Domestic preferences for procurements.
(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent
practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods
products, or materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, or other manufactured products).
Additional Terms
In the event an award is made to an offeror, the resulting contract shall not depart from this document unless
agreed to in writing by DCSD and the successful offeror. DCSD shall not be bound by additional terms and
conditions and/or extraneous language added to this document by offerors.
ALL SOLICITATIONS ISSUED BY DCSD ARE ADVERTISED IN THE LEGAL SECTION OF THE CHAMPION
NEWSPAPER, (404) 373-7779, POSTED ON THE DCSD IONWAVE WEBSITE, AND POSTED IN THE TEAM
GEORGIA MARKETPLACE’S GEORGIA PROCUREMENT REGISTRY. Offerors are solely responsible to
review and make themselves aware of DCSD solicitations posted on the following website:
https://dekalbschoolsga.ionwave.net/Login.aspx
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 8
PART I
BACKGROUND AND INFORMATION
A. Objectives
DeKalb County School District (hereinafter, “DCSD”) is requesting qualified vendors to submit proposals to
provide English Learners Program Evaluation & Master Planning.
Awarded offeror(s) shall provide services in accordance with the specifications, requirements and terms and
conditions stated herein. Services shall include all labor, materials, tools, specialized equipment, supplies,
trained personnel, insurance, travel, per diem, direct and indirect administrative costs, overhead, tolls, parking,
fuel, lodging, all other cost and charges, and all things and services necessary to provide services, in
accordance with the requirements of this RFP. There shall be no add-on charges of any kind. DCSD reserves
the right to make multiple awards.
B. General Information
DCSD is a metropolitan Atlanta public school system organized and existing under the Constitution and laws
of the State of Georgia. DCSD is located in the fourth largest county in Georgia. DeKalb County is one of the
most culturally diverse counties in the nation. DCSD has a student enrollment of approximately 93,000 students
in pre-kindergarten through grade 12. With 139 schools and centers, DCSD educates the third largest pre-
kindergarten through grade 12 student population in the State of Georgia. DCSD is the second largest
employer in DeKalb County with approximately 14,000 employees.
DCSD is dedicated to giving every student the best possible education through an intensive core curriculum
and specialized, challenging instructional and career programs. DCSD is striving to become the premier K-12
school system of choice and desires to significantly improve leadership, teaching, and student learning to fulfill
its mission as an organization for public education.
DCSD includes approximately:
• 77 Elementary Schools
• 19 Middle Schools
• 22 High Schools
• 8 Start-up Charter Schools
• 12 Specialized Learning Centers
• 6 Administrative Centers, and
• 5 Athletic Stadiums
DCSD’s wide-area network connects instruction and administration sites to deliver technology and learning
tools to every child. The main administrative offices are located at 1701 Mountain Industrial Boulevard, Stone
Mountain, Georgia 30083. DCSD is governed by a seven-member Board of Education.
C. Procurement Process
The procurement will be on a formally advertised basis. Proposals must be responsive to all aspects of this
RFP.
D. Addenda
It is the responsibility of offerors to frequently check for any addenda, questions, and answers posted on the
Purchasing Bulletin Board on the DCSD website. Failure on the part of offerors to make themselves aware of
and comply with addenda requirements will not relieve them of this obligation.
All posted addenda must be printed, signed by the offeror, and included in the offeror’s RFP submission.
Click on the following link to the Purchasing Bulletin Board: https://dekalbschoolsga.ionwave.net
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 9
E. Proposal Contact Person
The assigned contact person for offerors is Fred Christopher, Procurement Manager III-Non-Capital who can
be reached at (678) 676-0217 or by email to solicitationquestions@dekabschoolsga.org.
F. Prohibited Contact(s)
Except with the consent of the proposal contact person, all offerors, including any persons affiliated with or in any
way related to the offeror, are strictly prohibited from contacting DeKalb County Board of Education members and
DCSD employees or consultants on any matter having to do in any aspect with this RFP between the time a request
for proposal is formally released and a recommendation is made by the administration to the Board, other than as
provided herein. Communication with anyone other than the proposal contact person regarding any portion
of this RFP can result in the violating firm being disqualified. Furthermore, no employee, officer, or agent of
the DeKalb County Board of Education or DCSD may participate in the selection, award or administration of a
contract if he or she has a real or apparent conflict of interest.
Board Member Communication with Prospective Vendors
Vendors shall not contact Board members individually for the purpose of soliciting a purchase or contract between
the time a request for proposal is formally released and a recommendation is made by the administration to the
Board. If a vendor violates this prohibition during this timeframe, consideration for the vendor for award shall be
invalidated. Board members shall be notified of possible violations and actions taken.
G. Optional Virtual Pre-Proposal Conference
An optional virtual pre-proposal conference will be held via Microsoft Teams at 2:00 PM EST on Tuesday, June
04, 2024.
Prospective offerors must provide the following information by 5:00 PM EST, on Monday, June 03, 2024:
Name and Title
Company Name
Telephone Number
Email Address
This information must be sent to solicitationquestions@dekalbschoolsga.org. Please enter “Optional Virtual
Pre-Proposal Conference – RFP 24-589 English Learners Program Evaluation & Master Planning” in the
subject line of your email. An invitation will be sent via Microsoft Teams to those providing the above information no
later than Tuesday, June 04, 2024, by 12:00 PM EST.
H. Proposal Submission Deadline
All potential offerors must register as a vendor at https://dekalbschoolsga.ionwave.net.
Proposals in response to this RFP must be received electronically via IonWave no later than 2:00 PM on
Tuesday, June 25, 2024. Proposals received after the stated deadline will not be considered.
I. Virtual Public Acknowledgement
The public acknowledgment will be held virtually through Microsoft Teams on Tuesday, June 25, 2024, at 3:00
PM EST. For those who would like to attend the acknowledgement, please register no later than Monday, June
24, 2024, by 5:00 PM EST, by sending an email to solicitationquestions@dekalbschoolsga.org.
Please enter “Public Acknowledgement - 24-589 English Learners Program Evaluation & Master Planning”
in the subject line of your email.
An invitation will be sent via Microsoft Teams to those participants no later than Tuesday, June 25, 2024, by
12:00 PM EST.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 10
J. Questions and Answers
It is intended that this RFP be adequate for any offeror to respond to DCSD’s requirements. However, should offerors
have questions, all questions shall be submitted electronically to: https://dekalbschoolsga.ionwave.net. Questions
submitted to any other mailbox, voice mail or e-mail address will not be considered for response. The deadline to
submit questions is Friday, June 07, 2024, at 12:00 PM EST. Questions received after the deadline will not be
considered.
All questions received by the deadline shall be answered in writing and both the questions and answers will be posted
to the website https://dekalbschoolsga.ionwave.net no later than Friday, June 14, 2024, at 4:30 PM EST.
Responses to questions will not be posted on official DCSD holidays.
https://dekalbschoolsga.ionwave.net
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 11
PART II
GENERAL REQUIREMENTS
A. Offeror Performance
The successful offeror is required to perform and fulfill all the undertakings, covenants, terms, conditions,
and agreements of this RFP document and any negotiated contract(s). Specifications contained herein and
in the successful response will become contractual obligations if an award ensues. Failure of the offeror to
fully perform these obligations may result in the cancellation of the award and contract.
DCSD will look to the offeror and his/her identified personnel to coordinate and deliver the services described
in this RFP. The services shall not be delegated to sub-offerors or assigned to any third party.
B. News Release
Any news release or publicity pertaining to any phase of this project must be cleared through the DCSD
Executive Director of Communications.
C. Non-Discrimination
DCSD does not discriminate based on race, color, religion, sex, national origin, age, or disability in any of
its employment practices, education programs, services or activities.
DCSD supports an open, fair, and impartial free-market system which maximizes competition and seeks to
include all responsible businesses and to provide ample opportunities for business growth and development.
Minority businesses are encouraged and given the opportunity to bid on various projects; however, all
responses will be evaluated on the same criteria. It is not the intention or desire of DCSD to restrict or
impede competition, nor to increase the cost of the work.
D. Drug-Free Workplace
By submission of a response to this RFP, the offeror certifies that he/she and his/her employees shall not
engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of controlled
substance or drugs during the performance of the contract.
E. Smoke-Free Workplace
By submission of a response to this RFP, the offeror certifies that he/she and his/her employees shall not
use tobacco products on DCSD property at any time during the performance of this contract.
F. Background Checks
A criminal background check must be performed on all contractors, consultants, subcontractors,
volunteers and vendors (hereinafter jointly referred to as "Individuals") who provide services on
DCSD premises, supervise services on DCSD premises, or has contact with students. These
Individuals shall undergo the same criminal background check, within the last 365 days, as required
by DCSD employees. Such background checks will be performed by DCSD at the expense of the
Individual at a cost of $45.00 per individual.
Additionally, any charges against the Individual, may be deemed unacceptable in DCSD’s sole
discretion regardless of whether dismissed, expunged, sealed, removed from the record, treated as
a “first offender” or dead docketed. Upon receipt and evaluation of DCSD’s background check
results, DCSD may demand that the Individual have no contact with DCSD students or parents or
provide services to DCSD premises.
Any failure of the contractor to obtain a criminal records background check through DCSD, as stated
herein, may result in termination of any resulting contract between contractor and DCSD.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 12
G. Costs Incurred
DCSD is not liable for any costs incurred by an offeror in preparing and/or submitting a response to this RFP
or for any interview if requested. Any and all costs incurred by the offeror in preparing and/or submitting a
response to this RFP and interviewing with DCSD (if requested) shall be the sole responsibility of the offeror
and shall not be reimbursed by DCSD.
There is no guarantee of any offeror receiving an award as a result of submitting a response to this RFP.
H. Insurance
Certificate of Insurance and/or ACORD Form is required with solicitation submittal and required upon award.
Upload this documentation under the Response Attachment tab via IonWave titled “Certificate of
Insurance”.
The DCSD Director of Risk Management sets insurance and indemnification requirements for each
Solicitation.
Certificate of Insurance / Accord Form is required with solicitation submittal upon award. Provision of
Certificate of Insurance is a mandatory requirement. Proposals submitted with certificates of
insurance will be considered conditionally responsive to the insurance and indemnification requirement.
Final award of this RFP will be contingent upon receipt within six (6) business days of request for
insurance documentation complete with the following requirements and fully acceptable to the DCSD
Risk Manager. No work will commence / no purchases will be made without the written statement of
approval of insurance coverage from the DCSD Risk Manager. In the event the awarded offeror cannot
produce insurance coverage acceptable to the Risk Manager within the time provided, DCSD reserves
the right to award this solicitation to the first runner-up.
(1) The successful Offeror shall procure and maintain throughout the term of this agreement a
policy or policies of insurance providing coverage as set forth below that shall protect the offeror
and the Indemnitees (as defined in Part II, Section I of this RFP) from any claims for bodily injury,
property damage, or personal injury which may arise out of offeror’s operations under this
agreement. The foregoing policies shall be obtained from insurance companies approved to do
business in the State of Georgia and companies acceptable to DCSD. Offeror shall procure the
insurance policy(ies) at the offeror’s own expense and shall furnish to DCSD a certificate of
insurance containing the following:
(a) Name and address of authorized agent;
(b) Name and address of insured;
(c) Name of insurance company;
(d) Description of coverage in standard terminology;
(e) Policy period;
(f) Policy Number;
(g) Limits of liability;
(h) Name and address of certificate holder;
(i) Acknowledgment to the DCSD of notice of expiration or cancellation;
(j) Signature of authorized agent;
(k) Telephone number of authorized agent; and
(l) Details of policy exclusions applicable to this agreement in comments section of
insurance certificate.
All certificates evidencing primary and excess layers shall be renewed and kept current and up to
date on an annual basis.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 13
(2) Offeror is required to maintain the following insurance coverage during the term of this
agreement:
(a) Workers Compensation Insurance in the amounts of the statutory limits established by
The General Assembly of the State of Georgia. Offeror shall have the ability to self -insure its
required workers’ compensation coverage if offeror is an approved self-insurer in the State of
Georgia.
(b) Commercial General Liability Policy, or equivalent coverage, to include products and
completed operations liability and contractual liability. The Commercial General Liability Policy
shall have dollar limits sufficient to insure that there is no gap in coverage between this policy and
any excess or Commercial Umbrella Policy described below.
(c) Automobile Liability Policy to include but not be limited to liability coverage on any
owned, non-owned and hired vehicle used by offeror or offeror’s personnel in the
performance of this agreement. The Comprehensive Automobile Policy shall have dollar
limits sufficient to insure that there is no gap in coverage between this policy and the
excess or Commercial Umbrella Policy required under this agreement.
(d) Commercial Umbrella or Excess Liability Policy, which must provide the same or broader
coverage than those provided for in the above Comprehensive General Liability and Business Auto
Policies. Policy limits for the Commercial Umbrella or Excess Liability Policy shall have an annual
occurrence and annual aggregate limit not less than $2,000,000 per claim.
(e) Professional Liability or Errors & Omissions coverage with limits not less than $2,000,000 per
claim/$2,000,000 aggregate. The deductible shall not exceed $10,000 per claim.
(f) Under all coverage and certificates required hereunder, policies shall or be endorsed to
include the following terms and conditions:
(i) All policies and coverage shall be on an “occurrence” not “claims made” basis
(excepting (e) above)
(ii) The foregoing policies shall contain a provision that coverage afforded under the policies
will not be canceled, or not renewed, allowed to lapse for any reason until at least thirty (30)
days prior written notice has been given to DCSD.
(iii) Shall waive all right of subrogation against Indemnitees (as defined in Part II, Section I
of this RFP) for losses arising out of this agreement.
(iv) A severability of interest or cross liability clause or endorsement applies to commercial
general liability and excess liability policies.
(v) Certificates of Insurance showing such coverage to be in force shall be filed with
DCSD prior to commencement or continuation of any work under this agreement.
(vi) All such coverage shall remain in full force and effect during the term and any renewal
or extension thereof.
(g) Under coverage and certificates required under Sections 2(a), 2(b), (c), and (d) above, policies
shall be endorsed to include the following terms and conditions:
(i) Minimum limits of $1,000,000 per occurrence $2,000,000 in the annual aggregate.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 14
Primary limits of coverage in the amount of $1,000,000 per occurrence must be with insurers
approved to conduct business in the State of Georgia. Excess or umbrella liability insurance
may be placed with any insurer submitted by offeror, including captive or self -insured
programs, with the prior written approval of DCSD.
(ii) Contractual liability coverage, specifically referencing this agreement and its
Indemnity applies to liability assumed by the named insured.
(iii) Shall include Indemnitees as additional insured except on coverages (2) (a) and (2)(e).
(iv) Shall waive all right of subrogation against Indemnitees (as defined in Part II, Section
I of this RFP) for losses arising out of this agreement.
(v) A severability of interest or cross liability clause or endorsement applie s to commercial
general liability and excess liability policies.
(vi) Shall be primary and not excess to any other coverage provided by or available to the
Indemnitees (as defined in Part II, Section H of this RFP).
(h) Offeror shall require any and all subofferors performing work under this agreement to
carry insurance of the types and with limits of liability as offeror shall deem appropriate
and adequate for the work being performed. However, the obligations of the offeror to the
Indemnitees assumed in Sections of Indemnification, and Insurance shall not be reduced or
diminished by the standards set for the subofferors. Further, offeror agrees that their obligations
to indemnify and insure the Indemnitees shall pertain to all losses arising out of the subofferor’s
acts or negligence in the same manner and to the same extent as if committed by the offeror.
Offeror shall obtain and make available for inspection by DCSD, current certificates of insurance
evidencing insurance coverage by such subofferors.
I. Indemnification
1) The successful offeror shall indemnify, defend, and hold harmless the DeKalb County School Board,
the DeKalb County School District, DCSD, and their officials, officers, employees, agents, volunteers,
and assigns (all of whom may collectively be referred to as "Indemnitees" throughout this RFP), from
any and all claims, demands, suits, actions, legal or administrative proceedings, losses, liabilities,
costs, interest, and damages of every kind and description, including any attorneys’ fees and/or
litigation and investigative expenses, for bodily injury, personal injury, (including but not limited to
offeror’s employees), or loss or destruction of property (including loss of use, damage or destruction of
DCSD owned property) to the extent that any such claim or suit was caused by, arose out of, or
contributed to, in whole or in part, by reason of any act, omission, professional error, fault, mistake, or
negligence whether active, passive or imputed, of the offeror its employees, agents, representatives,
or their employees, agents, or representatives in connection with or incidental to offeror’s performance
of the agreed-upon services regardless of whether such liability, claim, damage, loss, cost or expense
is caused in part by an Indemnitee.
2) The successful offeror shall also indemnify, defend, and hold harmless the Indemnitees from any and
all costs, expenses, claims, demands, rights, liabilities and causes of action inuring to offeror from
events over which the Indemnitees exercise no control, such as Acts of God, strikes or government
restrictions.
Offeror's obligation to indemnify any Indemnitee shall survive the completion, expiration, or termination
of offeror’s agreed-upon services for any reason.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 15
J. Illegal Immigration Reform and Enforcement Act of
Upload this documentation under the Response Attachment tab via IonWave titled “IMMIGRATION SECURITY
DOCUMENTATION”.
The Illegal Immigration Reform and Enforcement Act of 2011 applies to and is a requirement for all DeKalb
County School District solicitations for physical performance of services (i.e., public works contracts). The
Illegal Immigration Reform and Enforcement Act of 2011 does not apply to solicitations for items,
commodities and products.
Offerors must complete and/or have their subcontractors complete the following forms:
1) Immigration and Security Certification
2) Offeror E-Verify Affidavit
3) Contractor Affidavit (Contractor Only)
4) Subcontractor Affidavit (Subcontractor Only); and
5) Sub-Subcontractor Affidavit (Sub-Subcontractor Only)
The Immigration and Security Certification, the Offeror E-Verify Affidavit, the Contractor Affidavit,
Subcontractor Affidavit and the Sub-Subcontractor Affidavit must be completed, notarized and submitted with
your bid response.
I acknowledge the Illegal Immigration Reform and Enforcement Act of 2011 requirements for service providers
and confirm by my signature below that the Immigration and Security Certification, the Contractor Affidavit,
the Subcontractor Affidavit and the Sub-Subcontractor Affidavit are each completed, notarized and made a
part of this solicitation response package. I also acknowledge that all items or services furnished to DCSD
must comply with applicable federal and state immigration laws, and regulation.
______Please check here if the Illegal Immigration and Reform Act of 2011 does not apply to your solicitation,
because it is one for items, commodities, or products. If this does not apply to any portion of the solicitation,
then the Offeror is not required to complete the Contractor Affidavit, the Subcontractor Affidavit and the Sub-
Subcontractor Affidavit (reference Attachment page).
K. Interviews
DCSD reserves the right to require offerors to participate in one or more interviews with DCSD board members
and/or staff. Offerors must be prepared to discuss the salient points of their proposal within two (2) normal
working days of being asked to participate in interviews. There are to be no presentations, individually or
collectively, without such invitation.
L. Contract Terms
In the event DCSD determines that outsourcing these services are in its best interest, with the approval of the
DeKalb County Board of Education, the successful offeror will be notified in writing. A contract confirming firm
fixed price and other terms shall be signed by the parties. Services will begin on or about September
2024. The initial contract duration shall be for one year from the final execution date of both parties. The initial
contract duration shall be for one year from the final execution date of both parties with no additional renewal
periods. The contract is subject to the approval of the DeKalb County Board of Education and to fiscal year
funding limitations. The contract price must be held firm for the entire term of the contract.
DCSD reserves the right to terminate any resulting contract for convenience. In the event of contract termination
by DCSD, the DCSD will be responsible only for those services and deliverables that have been received and
accepted. Any cancellation for convenience by DCSD shall be effective three (3) business days after receipt of
the Notice of Cancellation for convenience from DCSD by the offeror. Non-performance of contract terms
shall give sufficient cause for DCSD to cancel the contract. Non-performance shall be construed to include,
but is not limited to, failure of the offeror to deliver equipment or perform services in the time specified or in the
manner required.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 16
A contract is attached which includes all of the terms and conditions that the offeror must affirm and
comply. Refer to Attachment I, Sample Service Agreement. Please review DCSD’s attached contract terms
and conditions prior to submitting a response to this RFP. Offerors should plan on the contract terms and
conditions attached to this RFP being included in any award as a result of this RFP. Therefore, all costs
associated with complying with these requirements should be included in any pricing quoted by the offeror.
M. Permits and Applicable Laws
By submitting a proposal, offeror acknowledges its acceptance of the RFP specifications and the contract terms
and conditions without change except as otherwise expressly stated in the submitted proposal.
If an offeror takes exception to a contract term or provision, the offeror must state the reason for the exception
and state the specific contract language it proposes to include in place of the provision. Any exceptions to the
contract must be submitted as an attachment to the offeror’s response. Proposed exceptions must not conflict
with or attempt to preempt mandatory requirements specified in the RFP.
Offerors shall at their own expense obtain all necessary permits, certifications, and licenses and shall comply
with all applicable local, state, and federal laws, ordinances, rules, and regulations necessary to the full execution
of the requirements stated herein. Offerors shall maintain all such permits, licenses, certifications, and
compliances in a current status throughout the course of the contract. Offerors shall submit copies of permits,
licenses, and certifications evidencing proof of the aforementioned immediately upon request of DCSD. Offerors
shall be in compliance with registration with the Georgia Secretary of State’s office as applicable.
N. Infringement
Offeror shall fully indemnify Indemnitees against any claims of infringement of any patent, copyright, trade secret,
trademark, or other intellectual property rights related to the offeror’s response to this RFP or services performed
upon contract award. Offeror’s obligation to indemnify any Indemnitee shall survive the completion, expiration,
or termination of offeror’s agreed-upon services for any reason.
O. Ownership Rights
DCSD shall retain ownership rights to the contents of all documents, supporting literature, and data submitted
by offerors to this RFP.
P. Non-Collusion
Upload this documentation under the Response Attachment tab via IonWave titled “NON-COLLUSION”
Offerors shall fully certify that they, as individuals or as officials of a business entity, have not entered into any
agreement, participated in collusion, or otherwise taken any action in restraint of free and competitive responses
to this RFP. Further, offerors guarantee that their response is not made in conjunction with or on behalf of
another party and that they have not been directly or indirectly induced in any manner or taken any action to
result in a restriction of trade or in an unfair advantage.
Q. Conflict of Interest
Upload this documentation under the Response Attachment tab via IonWave titled “Conflict of Interest”.
Offeror shall use its best efforts to disclose with their proposal the name of any officer, director, or agent who
also is a DCSD employee, agent, representative, contractor, immediate family member (spouse, child, sibling,
or parent or the spouse of a child, sibling or parent) or DeKalb County Board of Education member.
Offerors shall also disclose the name of any DCSD employee, agent, representative, contractor, immediate
family member or board member who owns, directly or indirectly, an interest in five percent or more in the
Offeror’s company or any of its branches. In the event the Offeror was aware of a conflict of interest prior to the
award of the contract and did not disclose the conflict DCSD may, at its discretion, terminate the contract for
default.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 17
The Offeror further agrees that, if after award, a conflict of interest is discovered, an immediate and full disclosure
in writing must be made to the DCSD Purchasing Department which must include a description of the action
which the Offeror has taken or proposes to take to avoid or mitigate such conflicts. If a conflict of interest is
determined to exist, DCSD may, at its discretion, cancel the contract. Offerors shall certify that their response
to this RFP is impartial, at arms-length, and free of any conflict of interest at this time, unfair advantage, or
personal benefit to any DCSD official.
R. Financial Stability
Upload this documentation under the Response Attachment tab via IonWave titled “FINANCIAL STATEMENTS”.
1. Offerors shall provide a copy of their company’s audited financial statements for the previous two
(2) years – 2021 and 2022. A certified audit is preferred however, an offeror’s 2021 and 2022 tax
returns and balance sheets will be accepted.
2. Indicate here if your company is publicly traded or not publicly traded:
My company is publicly traded. _____/
My company is not publicly traded. _____/
3. If your company is a publicly traded company, provide a copy of your company’s annual report for
the previous two (2) years – 2021and 2022.
4. List all civil and criminal proceedings your company has been the subject of, or named a party in, and
provide the outcome of those proceedings. This list should include any lawsuits, administrative actions,
or litigation to which your company is currently a party or has been a party. Please explain the basis
for all claims, your response to those claims and state whether a settlement was reached, or a judgment
entered.
5. State whether your company, or any affiliate currently or previously associated with your company, has
ever filed a petition in bankruptcy, taken any actions with respect to insolvency, reorganization,
receivership, moratoriums or assignment for the benefit of creditors, or otherwise sought relief from
creditors.
6. State whether your company was the subject of any order, judgment or decree not subsequently
reversed, suspended or vacated by any court permanently enjoining your company from engaging in
any type of business practice.
S. No Obligation/No Award Guaranteed/Cost to Propose
This RFP does not commit DCSD to contract with any offeror to this RFP. There is no guarantee of any offeror
receiving an award or contract as a result of submitting a response to this RFP. The contract, if any, will be
awarded to the offeror whose proposal offers the best value to DCSD in meeting the required scope of work
described herein, if the appropriate funds are available and the contract is approved by the DeKalb County Board
of Education. No obligation or commitment is incurred by the DeKalb County Board of Education from the receipt
of any proposal, marketing materials, or presentations. There is no guarantee that any offeror will receive an
award as a result of submitting a proposal. Any/all costs incurred by the offeror in preparation and submission
of this proposal are the sole responsibility of the offeror. Expenses incurred by the offeror will not be reimbursed
by DCSD or become a reason for contracting with the offeror.
T. Confidentiality and Non-Disclosure
Information made available to offerors by DCSD shall be used only for purposes related to responding to this
RFP and shall not be used for any other purpose without the express written permission of DCSD.
Offerors to this RFP unequivocally agree to assume responsibility for protecting and safeguarding the
confidentiality of DCSD records that are not public information. Such information may include but is not limited
to student and human resource file contents.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 18
U. Business License
Upload this documentation under the Response Attachment tab via IonWave titled “BUSINESS LICENSE”.
Offerors shall submit with their proposal, a copy of their valid company business license. If the offeror is a
Georgia corporation, offeror shall submit a valid county or city business license.
If the offeror is not a Georgia corporation, offeror shall submit a certificate of authority to transact business in the
state of Georgia and a copy of their valid business license issued by their home jurisdiction. If offeror holds a
professional certification which is licensed by the state of Georgia, offeror shall submit a copy of their valid
professional license. Any license submitted in response to this requirement shall be maintained by the offeror
for the duration of the contract.
V. Protest Process
This section describes the mandatory administrative procedure whereby Offerors submitting sealed
competitive bids/proposals (hereinafter referred to as “bidders”) to DCSD for proposals worth $100,000 or
more may challenge the solicitation process, and whereby bidders/Offerors on sealed competitive bids directly
related to Vendor Services for proposals worth $100,000 or more, may challenge contract awards.
1. Protests. A bidder may file a written protest challenging DCSD’s compliance with applicable
procurement procedures subject to the bidder’s compliance with the provisions outlined below. Any
such written protest will be resolved in accordance with these provisions:
a) appropriate identification of the solicitation;
b) a statement of reasons for the protest;
c) supporting exhibits, evidence, or documents to substantiate any claims unless not available within
the filing time (in which case the Offeror must proceed to file the protest during the filing period
identified below but state the expected availability of the material); and the desired remedy.
2. Types of Challenges. Any bidder interested in and capable of responding to a competitive solicitation
may file a protest with respect to the competitive solicitation process including, but not limited to, a
challenge to specifications or any events or facts arising during the solicitation process. Any bidder
submitting a timely bid/proposal in response to a competitive solicitation may file a protest with respect
to DCSD’s intended or actual contract award including, but not limited to, events or facts arising during
the evaluation and/or negotiation process.
3. Form of Protest. At a minimum, the written protest must include the following:
a) the name and address of the protestor;
b) appropriate identification of the solicitation;
c) a statement of reasons for the protest;
d) supporting exhibits, evidence, or documents to substantiate any claims unless not available within
the filing time (in which case the Offeror must proceed to file the protest during the filing period
identified below but state the expected availability of the material); and the desired remedy.
DCSD, at its discretion, may deem issues not raised in the initial protest as waived with
prejudice by the protesting Offeror.
4. Filing Protests. A protest is considered to be properly filed when it is in writing, signed by a company
officer authorized to sign contracts on behalf of the Offeror, and is received by the Vendor Services.
The protest may be sent by any of the following means:
MAIL: Attention: Carla Smith, Executive Director
DeKalb County School District
Vendor Services
1701 Mountain Industrial Boulevard
Stone Mountain, Georgia 30083
Email: solicitationquestions@dekalbschoolsga.org
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 19
The Offeror must observe the following deadlines when filing a protest:
Type of Protest Protest Filing Deadline
Challenge to Competitive Solicitation Two (2) business days prior to the closing
Process date and time of the solicitation as identified
on the Invitation to Bid.
Challenge to an Intended or Actual In the event DCSD posts a Notice of Intent to
Contract Award Award (“NOIA”), the protest must be filed
within ten (10) calendar days of the date the
NOIA is posted.
In the event DCSD does not post a NOIA,
the protest must be filed within ten (10)
calendar days of the date the Notice of
Award (“NOA”) is posted.
If a bidder fails to file a protest by the applicable deadline, such failure shall be deemed as a
waiver with prejudice of any grounds the bidder may have for protest.
5. Stay of procurement during protest review.
When a protest challenging the competitive solicitation process has been timely filed at least two (2)
business days prior to the closing date and time, the solicitation shall not close until a final decision
resolving the protest has been issued, unless the facilities management department makes a written
determination that the closing of the solicitation without delay is necessary to protect the interests of
DCSD.
When a protest challenging an intended contract award has been timely filed, DCSD shall not proceed
to actual contract award unless the Vendor Services Department makes a written determination that
the issuance of a contract or performance of the contract without delay is necessary to protect the
interests of DCSD. If it is determined that it is necessary to proceed with contract performance without
delay, the bidder/Offeror with this contingent contract may proceed with performance and receive
payment for work performed in strict accordance with the terms of the contract. The provisions of this
paragraph are not applicable to a protest pertaining to events or facts arising during the solicitation
process.
6. Protest Resolution.
The Vendor Services Department shall review and issue a written decision on the protest within seven
(7) business days. This decision shall be deemed final. Available remedies for sustained protests are
as follows:
• If a protest is sustained prior to the closing date and time of the solicitation,
available remedies may include, but are not limited to, the following:
modification of the solicitation document including, but not limited to,
specifications and terms and conditions; extension of the solicitation closing
date and time (as appropriate); and cancellation of the solicitation.
• If a protest of the intended/actual contract award is sustained, available
remedies may include but are not limited to, the following: revision or
cancellation of the NOIA/NOA, re-evaluation and re-award, or re-solicitation
with appropriate changes to the new solicitation.
7. Costs
In no event shall a bidder be entitled to recover any costs incurred in connection with the solicitation or protest
process, including, but not limited to, the costs of preparing a bid/proposal, the costs of participating in the
protest process, or any attorney fees.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 20
PART III
SCOPE OF WORK
A. Purpose/Project Overview
DeKalb County School District is seeking proposals from qualified offerors with professional qualities
and technical competence in the areas of English Learners Program Evaluation and Master
Planning. Responses to this RFP shall be submitted in the format listed in the RFP and in comp liance
with all federal, state/Georgia Department of Education (GaDOE), and local/DCSD guidelines .
Any contract resulting from this RFP will include but not be limited to the District’s Standard Terms and
Conditions and the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C.§ 1232g; 34 CFR
Part 99) Student Level Data Protection Standard Terms and Conditions. This information is provided in
the DCSD Student Code of Conduct Handbook and can be found at
https://www.dekalbschoolsga.org/dese/student-relations/.
Awarded offeror shall provide equipment and services in accordance with the scope of work,
requirements and terms and conditions stated herein. Services will include all labor, materials, tools,
specialized equipment, supplies, trained personnel, insurance, travel, per diem, direct and indirect
administrative costs, overhead, tolls, parking, fuel, lodging, all other cost and charges, and all things
and services necessary and in accordance with the requirements of this RFP. There shall be no add -
on charges of any kind.
DCSD, at its discretion, determines the criteria and process whereby proposals are evaluated and
awarded. No damages shall be recoverable by any challenger as a result of these determinations or
decisions by DCSD.
DCSD reserves the right to make multiple awards and will be responsible for administration of this
contract.
B. Project Scope of Services
DeKalb County School District (DCSD) is seeking proposals from highly qualified, capable, and
professional entities with experience with K-12 school districts comparable to the diversity of DCSD, to
perform a comprehensive program evaluation, and master planning development, of the DCSD English
Learners Department, and related programmatic services. DCSD seeks qualified providers who have
prior successful experience conducting curriculum, instruction, and assessment audits through an
equity and access lens.
The scope for this solicitation shall be composed of three phases:
1. Phase I – ESOL Program Evaluation
The evaluation of ESOL services includes but is not limited to a review of:
• The process for identifying ELs (including screening, parental notification of services,
transcript evaluation, and grade-level placement)
• The process for providing ELs with an effective language assistance program.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 21
• Tier one curriculum and instructional practices.
• Curriculum materials.
• Instructional strategies.
• Curriculum effectiveness and alignment with state and national (WIDA) English Language
Development standards and evidence-based practices.
• Interdisciplinary classroom connections for ELs served through the DCSD ESOL program.
• Academic and language developmental outcomes.
• GaDOE approved service models.
• Reviewing assessment practices/methods and their impact on student learning outcomes.
• Staffing and supporting the EL program – Providing professional development/learning.
• Providing meaningful access to core curricular and extracurricular programs.
• Creating an inclusive environment and avoiding unnecessary segregation .
• Addressing the needs of ELs with disabilities.
• Serving ELs who Opt-Out of EL programs and services.
• Exiting (reclassification practices) from EL programs and services.
• Monitoring the effectiveness of the ESOL Program.
• Ensuring meaningful communication (interpretation and translation access), efficacy and
school-to-home communication practices.
• Ensuring equity and access considerations in program delivery and resource allocation.
• Maximizing organizational structure to support leaders and teachers.
• Conducting a need assessment to determine personnel needs.
• Standard operating procedures for GADOE compliance documentation of ELs.
• Technology integration across K-12 ESOL services.
• Policies and controls that govern the multi-level EL department and ESOLS services.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 22
2. Phase II – Master Planning Development
Based on the findings of the program evaluation, the awarded vendor will collaborate with DCSD
stakeholders to develop a comprehensive master plan that includes:
• A corrective action plan to include coaching/mentoring and training components to ensure the
district will be able to complete the corrective action plan.
• Short and long-term goals and objectives for the English Learners Department.
• Strategies for improving curriculum, instruction, and assessment practices.
• Recommendations for resource allocation and professional development opportunities.
• Metrics for monitoring progress and evaluating program effectiveness.
3. Phase III – Monitoring and Final Reporting
The awarded vendor will provide useful, thorough, and actionable feedback by:
• Conducting a review of progress made towards implementing the master plan.
• Preparing a report summarizing achievements, and lessons learned during the process.
• Identifying challenges and areas of growth.
• Presenting the report to stakeholders and providing recommendations for future actions or
adjustments to the plan.
Tentative Timeline
The project shall commence no later than September 2024 and the first two phases shall be substantially
complete by December 2024.
• Fall 2024 (Phase 1: Approx. 6-8 Weeks) ESOL Program Evaluation
o Gather relevant data on current programs, stakeholders, and resources.
o Conduct surveys, interviews, and focus groups with stakeholders.
o Analyze collected data to identify strengths, concerns, opportunities, and threats.
o Draft preliminary findings and recommendations.
o Present preliminary findings and recommendations to stakeholders for feedback
o Incorporate stakeholder input into the final evaluation and planning documents.
o Finalize the evaluation report and master plan outline.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 23
• Winter 2024 (Phase 2: Approx. 6-8 Weeks) Master Planning Development
o Develop detailed strategies and action plans based on evaluation findings.
o Identify specific goals, objectives, and performance indicators for each program area.
o Identify potential risks and mitigation strategies for successful implementation.
o Provide training and support to staff members involved in implementing the master plan.
o Build capacity within the organization to effectively carry out the proposed strategies and
activities.
o Monitor progress and address any challenges or barriers to implementation as they arise.
o Execute the implementation plans according to the established timelines and milestones.
o Collect data on key performance indicators to assess the impact of implemented strategies.
o Adjust implementation plans as needed based on ongoing evaluation and feedback.
• Spring 2025 (Phase 3: Approx. 6-8 Weeks) Monitoring and Final Reporting
Offerors must meet the following minimum:
o Minimum 3-5 years providing English Language Learner program evaluation, or related
services.
o Preferably have expertise and/or certification/endorsement in Applied Linguistics, English
to Speakers of Other Languages (ESOL), Bilingual Education, and other related fields to
include knowledge of the WIDA Standards, SIOP Framework, etc.
o Preferably have knowledge of serving newcomers, students with limited or interrupted
education (SLIFE), refugees, and students with dual exceptionalities.
o The requested services must be provided both in-person and virtually.
The program evaluation and resulting master plan at minimum shall align with current
standards and guidelines including:
o Georgia Department of Education (GADOE) English to Speakers of Other Languages and
Title III guidelines.
o World-Class Instructional Design and Assessment (WIDA) language standards framework.
o Georgia Department of Education (GADOE) standards.
o Sheltered Instruction Observation Protocol (SIOP) Instructional framework.
C. References
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 24
Upload this document under the Response Attachment tab via IonWave.
Offeror must provide the names and contact phone numbers of at least three (3) current references, preferably
references comparable to DCSD, for whom the offeror is providing or has provided comparable services.
Offeror’s Reference Form, References will be contacted.
D. Brochures, Catalogs, Manuals, Websites, Literature
In addition to the formal response to this RFP, all offerors are encouraged to submit brochures,
catalogs, manuals, website materials, industry literature, and any other marketing and
informational media which will support and enhance their submission value.
E. Added Value
Offerors are encouraged to describe in detail all added value or additional services or benefits
available and offered at no cost to DCSD in their RFP responses. Attach and label as “ADDED
VALUE.”
F. Technical Proposal
DCSD advertises this RFP as an opportunity for interested and qualified firms specializing in providing
English Learners Program Evaluation and Master Planning to submit responses consistent with the
scope of work stated herein. Respondents to this RFP are encouraged to submit their most comprehensive,
innovative and creative proposals for services for DCSD.
DCSD may, at its sole discretion, select or reject all or portions of the service(s) proposed from responsive
offerors. As a part of the evaluation process, DCSD may find it necessary to evaluate the addition or
deletion of components of an offeror’s proposal in order to make equivalent comparisons to other proposals.
DCSD will select the offeror whose proposal DCSD determines best meets the needs of DCSD, based on
the requirements and evaluation criteria set forth herein.
The determination of the successful proposal will be based upon information supplied by the offeror in the
RFP response and upon other information that will be obtained by DCSD as it deems necessary. Proposal
conformance to RFP instructions, terms, conditions, and requirements is critical to offeror responsiveness.
The lowest-cost proposal submitted may not necessarily be determined to be the most responsive and
responsible proposal when all factors have been considered. However, the quoted price is an important
factor in the determination of the selected proposal.
Technical Proposals shall include the following:
Compliance Information
Firms must meet minimum criteria as specified to receive further consideration. This is a
compliance section and carries no evaluation points. Proposals shall include the following:
The submitting company must be licensed by the State of Georgia or otherwise duly licensed
in such a manner as to be able to provide all services specified in this RFP in Georgia and all
documents must be in the name of the submitting company.
All employees of the submitting company that are assigned to this project must be either
licensed by the State of Georgia or, if licensed by another state, authorized by Georgia to
provide the licensed services in Georgia. Company must submit copies of all employees’
licenses that will be assigned to this project.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 25
Litigation Information: Identify and briefly discuss any instances in the past five (5) years
where your contract was terminated, with or without cause. Provide Owner name, project
name and Owner Project Representative Name and Number. For joint ventures responding
to this RFP, provide the above information as it pertains to the joint venture and for each
partner or entity creating said joint venture. If there is no failure or failures to complete a
contract, please include a statement that the Firm has never failed to complete a
contract or contracts or have defaulted or have been declared in default on any
contract.
Identify any legal actions that have been filed against your company for services rendered in
connection with in the past (5) years. Provide a brief explanation for each occurrence and
the outcome/disposition. If there have been no legal actions filed against your company,
please include a statement that the Company has not had any legal actions filed
against them in the past five (5) years.
Evaluation Criteria
An Evaluation Committee will evaluate the proposals using the following criteria:
1. Firm’s Overview (20 Points)
a. Provide a full and complete company profile to include, but not limited to Firm’s name,
address, headquarters and or branch office handling this project, as well as primary
contact name, title, related telephone/fax numbers and email address.
b. State how many years licensed to do business under the name stated above.
Describe firm ownership structure and history.
c. List the number of permanent licensed employees and provide an organizational chart
of the firm. Include management-level employee(s) the firm intends to assign to the
project. Include a professional biographical summary including certifications/licenses
and detailed outline of the role and responsibility of each employee that will be
assigned to the project. Including those who will serve as facilitators and trainers.
2. Scope of Services (30 points)
a. Please provide your company’s detailed methodology and proposed strategy for
providing English Learners Program Evaluation & Master Planning for DCSD.
The methodology should include but is not limited to the following:
- A detailed plan to collect and process data for the program evaluation.
- How the firm will collaborate with DCSD to develop master plan.
- How the firm will provide training/coaching to assist with the implementation of
program evaluation recommendations.
b. Explain the company’s capability to provide the specified services with the resources
required in the Scope of Services.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 26
c. Describe in as much detail as possible why the proposer’s company should be
selected to provide English Learners Department and Program Evaluation and
Master Planning services to the DCSD.
d. Provide the name and telephone number of the individual(s) that can be contacted in
case of an emergency or for services needed after hours, holidays or weekends.
3. Firm’s Relevant Experience and Expertise (25 points)
a. Submit past experience with projects of comparable size and scope which best
illustrates your firm’s ability to provide English Learners Program Evaluation &
Master Planning to other K-12 entities.
Please list no more than ten (10) projects and do not list projects that were not
completed by your firm or completed over ten (10) years ago. Each project listed
should include the following information:
1. Company/Entity Name
2. Mailing Address
3. Contact Name, Phone Number, and Email Address
4. Examples of Scope of Services
5. Number of English Learners
6. Dates of Service
7. Resume of vendor contractors that reflect the following:
a. Minimum 3-5 years providing English Language Learner program
evaluation, or related services.
b. Preferably have expertise and/or certification/endorsement in Applied
Linguistics, English to Speakers of Other Languages (ESOL), Bilingual
Education, and other related fields to include knowledge of the WIDA
Standards, SIOP Framework, etc.
c. Preferably have knowledge of serving newcomers, students with limited
or interrupted education (SLIFE), refugees, and students with dual
exceptionalities.
4. Professional References (15 points)
a. The firm shall submit a minimum of three (3) written recommendation letters
from current or previous clients/owners. The recommendation must state actual
examples of how the company had a positive working relationship with prior
organization(s).
b. DCSD reserves the option of contacting any of the references provided to confirm
information provided.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 27
5. Cost Proposal (10 points) – Do not include with Technical Proposal
a. Indicate your proposed price to provide the services as stated in this RFP using
Attachment A – Cost Proposal Form provided as part of this RFP.
b. Please provide any and all pricing breakdown as requested on the Attachment
A-Cost Proposal Form.
c. The Attachment A-Cost Proposal Form shall not be altered in any way. Any
alterations to the provided cost proposal form may cause your company to be
deemed non-responsive and disqualified from further consideration.
Relative Weight Evaluation Criteria
20 Firm’s Overview
30 Scope of Services
25 Firm’s Relevant Experience and Expertise
15 Professional References
10 Cost Proposal
100 points
G. Transition Plan/Transition on Commencement of Contract
The awarded offeror shall assume full services in accordance with the award of the RFP.
The awarded offeror shall coordinate and cooperate with DCSD’s existing provider(s) to
ensure a smooth and orderly transition with uninterrupted services.
Transition and Continuity of Service upon Expiration of Contract
Continuity of services is necessary to DCSD. The awarded offeror agrees to this
philosophy and upon expiration of contract, agrees to:
a. Exercise best efforts and cooperation for an orderly and efficient transition to
another provider or to DCSD.
b. Negotiate a plan in good faith with successor to determine the nature and
extent of the phase-in, phase-out services required. The plan shall specify a
date for services described in the plan and shall be subject to approval by
DCSD. The existing provider shall provide sufficiently experienced personnel
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 28
during the phase-in and phase-out periods to ensure that the imperious
services in the contract are maintained at the required level of need and
proficiency.
c. All DCSD property (including but not limited to, students and DCSD record s,
parts, equipment, facilities, keys, and materials) shall be returned to DCSD
upon expiration of contract.
d. Offeror shall include in their response any DCSD or any subsequent
contractor requirements if offeror is awarded this contract and does not retain
this contract upon its expiration.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 29
H. REQUIRED CONTENT / DOCUMENT CHECKLIST
All potential respondents must register as a vendor at
https://dekalbschoolsga.ionwave.net/Login.aspx.
IMPORTANT NOTICE: Submittals to this solicitation will be received electronically on the DeKalb County
School District website at https://dekalbschoolsga.ionwave.net/Login.aspx.
IonWave will not accept a bid submission without the required documents listed below. Failure to upload
the required information and/or documentation required in this solicitation may cause the submission to
be declared non-responsive and rejected.
Offerors are required to upload one (1) pdf. copy electronically via
https://dekalbschoolsga.ionwave.net/Login.aspx of their response. Responses must be submitted on
8 ½” x 11” single-sided stock. Offerors must reply in a narrative to each requirement and question.
“Understand and comply” responses are not acceptable. All RFP submissions must include the following
items and attachments.
The Request for Proposals document, RFP 24- 589 English Learners Program Evaluation &
Master Planning (MUST BE the first document in the submission); this document is located at
http://www.dekalbschoolsga.org/solicitations
Table of Contents for your submission
• Addenda – Each individual Addendum must be printed, signed, and inserted immediately
following the Table of Contents (Upload Required)
• Audited Company Financial Statements/Company Annual Reports for 2021 and 2022
(Upload Required)
• Business License (Upload Required)
• Certificate of Insurance (Upload Required)
• Attachment A – Cost Proposal Form/Fee Schedule (Upload Required)
• Attachment B – Non-Collusion (Upload Required)
• Attachment C - Conflict of Interest (Upload Required)
• Attachment D – Critical Paragraphs (Upload Required)
• Attachment E – Offeror’s Client Reference Form (Upload Required)
• Attachment F – Statement of Confidentiality and Non-Disclosure (Upload Required)
• Attachment G – Suspension and Debarment Certification (Upload Required)
• Attachment H – Immigration & Security Certification (Upload Required)
• Attachment I – Sample Service Agreement
• Attachment J– Signature Page (Upload Required)
• Technical Proposal (Upload Required)
• Brochures, Catalogs, Manuals, Websites, Literature, and other marketing media
• Added Value
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 30
Attachment A
RFP 24-589
English Learners Program Evaluation & Master Planning
COST PROPOSAL FORM
Offeror must provide costs to DCSD associated with providing the services requested in this
RFP. Pricing must be submitted on this form in the format requested. Alterations to the
cost proposal form may result in the offeror being deemed non-responsive and
proposal rejected. DCSD reserves the right to request and negotiate a “best and final
offer” response from Offerors.
Please provide pricing as requested for the services listed below. Pricing shall include all
labor, materials, tools, specialized equipment, supplies, trained personnel, insurance, travel,
per diem, direct and indirect administrative costs, overhead, tolls, parking, fuel, and all other
costs and charges necessary to perform the services below in accordance with this RFP.
ENGLISH LEARNERS PROGRAM EVALUATION & MASTER TOTAL COST PER
PLANNING EACH PHASE
Phase I – ESOL Program Evaluation
$
$
Phase II – Master Planning Development
$
Phase III – Monitoring and Final Reporting
TOTAL AMOUNT $
Complete the following:
_______________
Company Name
_______________
Authorized Company Representative Name (please print) Title
_______________
Authorized Company Representative Signature Date
_________________________________________________________________________
Address
_________________________________________________________________________
Phone Fax
_________________________________________________________________________
Email
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 31
Attachment B
RFP 24-589
English Learners Program Evaluation & Master Planning
Non-Collusion
Upload this documentation under the Response Attachment tab via IonWave titled
“NON-COLLUSION”
Bidders shall fully certify that they, as an individual or as an engaging official of a formal
business entity, have not entered into any agreement, participated in collusion, or otherwise
taken any action in restraint of free and competitive responses to this bid. Further, bidders
guarantee that their response are not made in conjunction with or on behalf of another party
and that they have not been directly or indirectly induced in any manner or taken any action
to result in a restriction of trade or in an unfair advantage.
Bidder must sign below acknowledging the above statement.
Signature of Company Representative:
______________________________________
Company Name/Certifying Official Signature
Date: _____________
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 32
Attachment C
RFP 24-589
English Learners Program Evaluation & Master Planning
Conflict of Interest
Upload this documentation under the Response Attachment tab via IonWave titled “Conflict of
Interest”.
Offeror shall use its best efforts to disclose with their proposal the name of any officer, director, or
agent who also is a DCSD employee, agent, representative, contractor, immediate family member
(spouse, child, sibling, or parent or the spouse of a child, sibling or parent) or DeKalb County Board
of Education member. Offerors shall also disclose the name of any DCSD employee, agent,
representative, contractor, immediate family member or board member who owns, directly or indirectly,
an interest in five percent or more in the Offeror’s company or any of its branches. In the event the
Offeror was aware of a conflict of interest prior to the award of the contract and did not disclose the
conflict DCSD may, at its discretion, terminate the contract for default. The Offeror further agrees that,
if after award, a conflict of interest is discovered, an immediate and full disclosure in writing must be
made to the DCSD Purchasing Department which must include a description of the action which the
Offeror has taken or proposes to take to avoid or mitigate such conflicts. If a conflict of interest is
determined to exist, DCSD may, at its discretion, cancel the contract. Offerors shall certify that their
response to this RFP is impartial, at arms-length, and free of any conflict of interest at this time, unfair
advantage, or personal benefit to any DCSD official.
Signature of Company Representative:
______________________________________
Company Name/Certifying Official Signature
Date: _____________
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 33
Attachment D
RFP 24-589
English Learners Program Evaluation & Master Planning
Critical Paragraphs
Offerors must put their initials in the space provided in front of each critical
paragraph and sign below. Initials signify that the information has been read
and the offeror agrees to comply with the requirement, stipulations, terms and
conditions. Attach and label “Critical Paragraph.”
1) ____ This RFP does not commit DCSD to any offeror to this RFP. DCSD is not liable for
any costs incurred by an offeror in responding to this RFP. There is no guarantee of
any offeror receiving an award or contract as a result of submitting a response to this
RFP.
2) ____ Any news release or publicity pertaining to any phase of this RFP will be the
responsibility of DCSD and must be cleared through DCSD’s Department of
Communications and Community Relations.
3) ____ It is the responsibility of offerors to make themselves aware of and to comply with
any addenda, questions and answers posted to the DCSD website in relation to this
RFP. All addenda must be printed, signed by the certifying official and included in
the RFP submittals. Failure to do so will cause the offeror to be deemed non-
responsive to the requirements of this RFP.
4) ____ Offerors to the RFP agree to fully indemnify DCSD as stated in the RFP, Part II.
5) ____ Offerors certify that they have not engaged in collusion and guarantee that their
response is not made in conjunction with or on behalf of another party and that they
have not been directly or indirectly induced or acted in any manner to result in
restriction of trade or unfair advantage.
6) ____ The DCSD reserves the right to reject any and/or all responses submitted and to
waive any technicalities or minor irregularities in responses received. DCSD
reserves the right to award any resulting contract in the manner that is in the best
interest of and most advantageous DCSD.
7) ____ Offeror understands that this solicitation requires Board of Education Approval.
Signature of Company Representative:
______________________________________
Company Name/Certifying Official Signature
Date: _____________
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 34
Attachment E
RFP 24-589
English Learners Program Evaluation & Master Planning
Attach and label “Offeror’s Client References.”
OFFEROR’S CLIENT REFERENCES
(Please copy this form and use one form per reference.)
Attach and label “Offeror’s Client References.”
_______________________________
Company Name Providing Reference
_______________________________
Address City/State/Zip
_______________________________
Name of Contact Person
_______________________________
Telephone Number of Contact Person
_______________________________
Email Address of Contact Person
_______________________________
Date/Duration of Service Relationship
Describe in Detail Services Provided (use additional sheets if necessary):
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
Important! This is a vital part of your RFP submission. DCSD will verify client
references. It is advisable that you inform your reference contact person that
you have listed them for reference.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 35
Attachment F
RFP 24-589
English Learners Program Evaluation & Master
Planning
Statement of Confidentiality and Non-
Disclosure
Any non-public information made available to the offeror by DCSD in relation to this
RFP shall be used only for those purposes outlined in the RFP document and shall not
be used in any other way without the written permission of the DCSD.
If the offeror is uncertain about the proposed use of information provided in relation to
this RFP, the offeror shall consult with the DCSD RFP contact person as identified in
the RFP document for clarification.
The offeror agrees to assume full responsibility for protecting the confidentiality of
DCSD records that are not public information. Such information may include but is not
limited to student and employee data and other written and oral information of a
personal and/or confidential nature, which shall be safeguarded by the offeror to ensure
that it is not improperly disclosed.
__________________________________
Offeror Company Name
__________________________________
Company Representative Name
__________________________________
Company Representative Signature
__________________________________
Date
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 36
Attachment G
RFP 24-589
English Learners Program Evaluation & Master Planning
SUSPENSION AND DEBARMENT CERTIFICATION
By submitting this RFP, the offeror certifies that the proposing company and/or its principals have not
been suspended, excluded, disqualified, debarred, proposed for debarment, declared ineligible or
voluntarily excluded from participation in any transaction by any federal or state department or agency
and that the offeror complies with all applicable orders, rules and regulations related thereto.
Further, by submitting this RFP, the offeror certifies that all lower tier participating individuals and/or
company(s) and all respective principals of lower tier participants have not been suspended, excluded,
disqualified, debarred, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction by any federal or state department or agency and that the offeror
complies with all applicable orders, rules and regulations related thereto.
The certification placed herein is a material representation of fact upon which reliance will be placed
as RFP submissions are evaluated and any transaction is entered into. If it is later determined that
the prospective offeror has knowingly rendered an erroneous certification, the DCSD may pursue all
available remedies, including but not limited to suspension and/or debarment.
The prospective offeror shall provide immediate written notice to the DCSD Purchasing Department if
at any time the prospective offeror learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
The prospective offeror agrees by submitting this form that, should the proposed transaction be
entered into, the prospective offeror shall not knowingly enter into any lower tier transaction with a
person or entity that is debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this transaction.
By signing and submitting this form, the offeror is providing the certification set out above.
Signature of Engaging Official: ______________________________________________
(Offeror Company Name/Certifying Official Signature)
Date:________________
Further, the DCSD’s Purchasing Department will check the SAMS website at
https://www.sams.gov/SAM/ to determine if the offeror is listed.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 37
Attachment H
RFP 24-589
English Learners Program Evaluation & Master Planning
IMMIGRATION & SECURITY CERTIFICATION
If you are providing service, performing work or delivering goods to the DeKalb County Board
of Education/DeKalb County School District including, but not limited to schools, warehouses
and central offices, the applicable Georgia Security and Immigration Compliance documents
found here must be completed, signed, notarized and submitted with your bid/proposal. Failure
to provide this document with your bid/proposal will result in the disqualification of the
bid/proposal.
1) Offeror/Bidder (the “Offeror”) shall at all times comply with the Georgia Security and
Immigration Compliance Act, as amended, O.C.G.A. § 13-10-90 et. Seq.
2) In order to insure compliance with the Immigration Reform and Control Act of 1986 (IRCA),
D.L. 99-603 and the Georgia Security and Immigration Compliance Act, as amended by
the Illegal Immigration Reform Act of 2011, O.C.G.A. § 13-10-90 et. Seq. (collectively the
“Act”), the Offeror MUST INITIAL the statement applicable to Offeror below:
(a) _______ (Initial here): order to comply with the Act; is authorized to use and uses the
federal authorization program under the federal work authorization user identification
number issued on the date of authorization below; will continue to use the authorization
program throughout the contract period; Offeror further warrants and agrees Offeror
shall execute and return any and all affidavits required by the Act and the rules and
regulations issued by the Georgia Department of Labor as set forth at Rule 300 -10-1-
.01 et. Seq. [Offerors who initial (a) must attach and return a signed, notarized
Contractor Affidavit and Agreement with the Contract if awarded];
or
(b) _______ (Initial here): Offeror warrants that he/she does not employ any other
persons, and he/she does not intend to hire any employees or to perform the Contract.
[Offerors who initial (b) must attach and return a signed, notarized Affidavit of Exception
with the Contract if awarded];
or
3) I________ (Initial here): Offeror is an individual who is licensed pursuant to Title 26 or
Title 43 or by the State Bar of Georgia and is in good standing when such contract is for
services to be rendered by such individual and thus does not have to provide an affidavit.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 38
4) _____ (Initial here) Offeror will not employ or contract with any subcontractor in connection
with a covered contract unless the subcontractor is registered, authorized to use, and uses
the federal work authorization program; and provides Offeror with all affidavits required by
the Act and the rules and regulations issued by the Georgia Department of Labor as set
forth at Rule 300-10-1-.01 et. Seq.
5) _____ (Initial here) Offeror agrees that, if Offeror employs or contracts with any sub-
contractor in connection with the covered contract under the Act and DOL Rules 300-10-1-
.01, et seq that Offeror will secure from each sub -contractor at the time of the contract the
sub-contractor’s name and address, the employee-number applicable to the sub-
contractor, the date the authorization to use the federal work authorization program was
granted to sub-contractor; the subcontractor’s attestation of the subcontractor’s compliance
with the Act and Georgia Department of Labor Rule 300-10-1-.01, et seq.; and the
subcontractor’s agreement not to contract with sub-subcontractors unless the sub-
subcontractor is registered, authorized to use, and uses the federal work authorization
program; and provides subcontractor with all affidavits required by the Act and the rules
and regulations issued by the Georgia Department of Labor as set forth at Rule 300 -10-1-
.01 et. Seq.
6) ______ (Initial here) Offeror agrees to provide the DeKalb County School District with all
affidavits of compliance as required by O.C.G.A. § 13-10-90 et seq. and Georgia
Department of Labor Rules 300-10-1-.01, et seq within five (5) business days of receipt.
_____________________________ ______________________________
Signature Date
_____________________________ ______________________________
EEV/Basic Pilot Program Date of Authorization
User Identification Number
Firm Name: __________________________________________________________
Street/Mailing Address: ________________________________________________
City, State, Zip Code: __________________________________________________
Telephone Number: ___________________________________________________
Email Address: _______________________________________________________
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
______ DAY OF_____________________, 20____
Notary Public
My Commission Expires: ___________________________
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 39
DEKALB COUNTY SCHOOL DISTRICT
Offeror E-Verify Affidavit
By executing this affidavit, the undersigned Offeror verifies its compliance with Immigration Reform
and Control Act of 1986 (IRCA), Pub.L. 99-603, stating affirmatively that the individual firm or
corporation which is engaged in services on behalf of the DeKalb County School District has
registered with, is authorized to use and uses the federal work authorization program commonly known
as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions
and deadlines established by federal law and regulation. Furthermore, the undersigned Offeror will
continue to use the federal work authorization program throughout the contract period. Offeror hereby
attests that its federal work authorization user identification number and date of authorization are as
follows:
Federal Work Authorization User Identification
number:
Date of Authorization:
Name of Project: English Learners Program Evaluation &
Master Planning
Solicitation Number (if applicable): RFP 24-589
Name of Public Employer: DeKalb County School District
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on _____, ____, 202__ in ___________________________________, __________
(city) (state)
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Agent:
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _________ DAY OF _________,
20___.
Notary Public
My Commission Expires:
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 40
DEKALB COUNTY SCHOOL DISTRICT
Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1)
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-
91, stating affirmatively that the individual firm or corporation which is engaged in the physical
performance of services on behalf of the DeKalb County School District has registered with, is
authorized to use and uses the federal work authorization program commonly known as E-Verify, or
any subsequent replacement program, in accordance with the applicable provisions and deadlines
established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the
federal work authorization program throughout the contract period and the undersigned contractor will
contract for the physical performance of services in satisfaction of such contract only with
subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. §
13-10-91(b). Contractor hereby attests that its federal work authorization user identification number
and date of authorization are as follows:
Federal Work Authorization User Identification
number:
Date of Authorization:
Name of Subcontractor:
Name of Project: English Learners Program Evaluation &
Master Planning
Solicitation Number (if applicable): RFP 24-589
Name of Public Employer: DeKalb County School District
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on _____, ____, 202__ in ___________________________________, __________
(city) (state)
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Agent:
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _________ DAY OF _________,
20___.
Notary Public
My Commission Expires:
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 41
DEKALB COUNTY SCHOOL DISTRICT
Subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(3)
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-
91, stating affirmatively that the individual, firm or corporation which is engaged in the physical
performance of services under a contract with _________________________________________ on
behalf of the DeKalb County School District has registered with, is authorized to use and uses the
federal work authorization program commonly known as E-Verify, or any subsequent replacement
program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-
91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization
program throughout the contract period and the undersigned subcontractor will contract for the
physical performance of services in satisfaction of such contract only with sub-subcontractors who
present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b).
Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-
subcontractor to the contractor within five (5) business days of receipt. Subcontractor hereby attests
that its federal work authorization user identification number and date of authorization are as follows:
Federal Work Authorization User Identification
Number:
Date of Authorization:
Name of Subcontractor:
Name of Project: English Learners Program Evaluation
& Master Planning
Solicitation Number (if applicable): RFP 24-589
Name of Public Employer: DeKalb County School District
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on _____, __________, 202___ in __________________________________,
__________
(city)
(state)
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Agent:
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _________ DAY OF _________,
20___.
Notary Public
My Commission Expires:
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 42
DEKALB COUNTY SCHOOL DISTRICT
Sub-subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(4)
By executing this affidavit, the undersigned sub-subcontractor verifies its compliance with O.C.G.A.§
13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical
performance of services under a contract for _______________________________________ and
______________________________________ on behalf of the DeKalb County School District
has registered with, is authorized to use and uses the federal work authorization program commonly
known as E-Verify, or any subsequent replacement program, in accordance with the applicable
provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned sub-
subcontractor will continue to use the federal work authorization program throughout the contract
period and the undersigned sub-subcontractor will contract for the physical performance of services
in satisfaction of such contract only with sub-subcontractors who present an affidavit to the sub-
subcontractor with information required by O.C.G.A §13-10-91(b). The undersigned sub-subcontractor
shall submit, at the time of such contract, this affidavit to
___________________________________________________. Additionally, the undersigned sub-
subcontractor will forward notice of the receipt of any affidavit from a sub-subcontractor to the
contractor within five (5) business days of receipt. Sub-subcontractor hereby attests that its federal
work authorization user identification number and date of authorization are as follows:
Federal Work Authorization User Identification Number:
Date of Authorization:
Name of Sub-subcontractor:
Name of Project: English Learners Program Evaluation &
Master Planning
Solicitation Number (if applicable): RFP 24-589
DeKalb County School District
Name of Public Employer:
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on ____, __________, 202___ in ___________________________________, __________
(city) (state)
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Agent:
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _________ DAY OF _________, 20___.
Notary Public
My Commission Expires: _________________________________
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 43
ATTACHMENT I
SAMPLE SERVICE AGREEMENT
BETWEEN THE
DEKALB COUNTY SCHOOL DISTRICT
AND _______________________
Service Provider: ___________________
Project Name: ___________________
Address: ___________________
___________________
RFP No.: 24-589
Description: English Learners Program Evaluation & Master Planning
43
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 44
THIS SERVICES AGREEMENT and the below referenced documents attached as Exhibits
(hereinafter the “Service Agreement") is made and entered into by and between the DeKalb County School
District (hereinafter the “DCSD”) whose address is 1701 Mountain Industrial Boulevard, Stone Mountain,
Georgia 30083 and ________________________ (hereinafter the "Service Provider") whose physical
address is ________________________. DCSD and Service Provider are referred to herein collectively as
the “Parties” and individually as a “Party.”
WHEREAS, DCSD desires to retain the services of a competent and qualified Service Provider to
provide _______________________________ services; and
WHEREAS, the DCSD has solicited for these services via an advertised request for proposals and
has received numerous responsive proposals thereto; and
WHEREAS, after review and consideration of all responsive proposals, DCSD intends to engage
the Service Provider to provide _______________________________ services; and
WHEREAS, the Service Provider remains agreeable to provide DCSD the
_______________________________ services and represents that it is competent, qualified, capable,
and prepared to do so according to the terms and conditions stated herein;
The Service Agreement consist of:
a. This Service Agreement (Agreement for Services);
b. Request for Proposal (RFP) No. 24-589 (Exhibit A);
c. The Service Provider’s Proposal to the above-numbered RFP, including pricing, and
any applicable Scope of Services and any applicable Payment and Payment Terms
Schedule attached except that objections or amendments by Service Provider that have
not been explicitly accepted by DCSD in writing in this Service Agreement shall not
be included in this Service Agreement and shall be given no weight or consideration;
(Exhibit B);
d. Board Directive Signed by the Superintendent and dated ___________ (Exhibit C);
and
e. Notice of Award dated ___________ (Exhibit D).
This Service Agreement together with the aforementioned exhibits collectively forms the Service
Agreement. All prior and contemporaneous negotiations and Service Agreements between the Parties on
the matters contained in this Service Agreement are expressly merged into and superseded by this Service
Agreement. DCSD shall not be bound by any additional terms and conditions, including but not limited to,
terms and conditions related to any provided service or good, limitations of the Service Provider’s liability
or any other third party's liability, limitation of warranties, packaging, invoices, service catalog, brochure,
technical data sheet, electronic disclosures, electronic Service Agreements, or other document which
attempts to impose any conditions at variance with or in addition to the terms and conditions of this Service
Agreement.
Any inconsistency or conflict among the specific provisions of this Service Agreement shall be resolved as
follows:
a. First, by giving preference to the specific provisions of this Service Agreement and
any change orders or modifications issued after execution of this Service Agreement;
b. Second, by giving preference to the specific provisions of the RFP attached hereto as
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 45
Exhibit “A;”
c. Third, by giving preference to the specific provisions of Service Provider’s Proposal,
including pricing and any applicable Scope of Services and any applicable Payment
and Payment Terms Schedule attached hereto as Exhibit “B,” except that objections
or amendments by Service Provider that have not been explicitly accepted by DCSD
in writing in this shall not be included in this Service Agreement and shall be given no
weight or consideration.
NOW, THEREFORE, in consideration of the mutual promises, covenants and Service
Agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged by the Parties, DCSD and the Service Provider agree as follows:
ARTICLE 1
PARTIES TO THE SERVICE AGREEMENT
The DCSD’s address and its contact person are:
DeKalb County School District
1701 Mountain Industrial Blvd.
Stone Mountain, GA 30083
Attention: _______________________________
Phone: ____________
Fax: ____________
Email: _______________________
With a copy to:
DeKalb County School District
1701 Mountain Industrial Boulevard
Stone Mountain, Georgia 30083
Attention: Dr. Devon Horton, Superintendent
The Service Provider’s contact information is:
Company Name: _____________________
Address: _____________________
_____________________
Contact Person: _____________________
Title: _____________________
Phone No. Office: _________________________
Email: __________________________
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 46
Any notice or consent required to be given by or on behalf of any Party hereto to any other Party
hereto shall be in writing an shall be sent to DCSD or to the Service Provider by (a) registered or certified
United States mail, return receipt requested, postage prepaid, (b) personal delivery, or (c) overnight courier
service. All notices sent to the above addresses shall be binding unless said address is changed, and
provided in writing to the other Party, no less than fourteen days before such notice is sent.
ARTICLE 2
DURATION OF AGREEMENT
2.1 Agreement Term. The term of this Service Agreement begins on the date executed by
the last Party to execute below (hereinafter the “Effective Date”). The performance period for this
Service Agreement is one (1) year from the Effective Date.
2.2 Agreement Renewal. In addition to the base period of one (1) year, there are four (4) one-
year optional renewal terms (each a "Renewal Term") to be exercised at the sole discretion and approval
of DCSD. Additionally, as required by O.C.G.A. § 20-2-506, this Service Agreement shall terminate
absolutely and without further obligation on the part of DCSD at the close of the calendar year in which
it was executed and at the close of each succeeding calendar year for which it may be renewed, but
shall be automatically renewed for each subsequent calendar year during the term unless
DCSD terminates this Service Agreement, by providing Service Provider with thirty (30) days advance
notice of termination prior to the end of the calendar year. Renewal will depend upon the best interests
of the DCSD, funding, and Service Provider’s performance subject to the other termination methods
available to the DCSD herein.
2.3 Total Obligation. Pursuant to O.C.G.A § 20-2-506(b), DCSD’s total obligation under this
Agreement is as follows:
FY 2024 $_______________________
ARTICLE 3
SCOPE OF SERVICES
3.1 DCSD does hereby retain Service Provider to furnish those services and to perform those
tasks (collectively, the “Services”) as further described in (i) the DCSD’s Request for Proposal ________,
to include all attachments and addenda, attached hereto as Exhibit “A” and incorporated herein by reference;
and (ii) the Service Provider’s final responsive thereto, attached hereto as Exhibit “B” and incorporated into
this Agreement by this reference. A complete copy of the Scope of Work section of RFP #24-589, to include
the Service Provider’s final responsive proposal, is attached as Exhibit “B” and made a part of this Service
Agreement.
3.2 Service Provider shall be solely responsible for the professional quality, accuracy,
competence, methodology, and the coordination of all Services performed pursuant to this Agreement.
3.3 DCSD’s review, approval, or acceptance of any of the Service Provider’s Services shall
not be construed to: (i) operate as a waiver of any rights the DCSD possesses under this Agreement; or
(ii) waive or release any claim or cause of action arising out of the Service Provider’s performance or
nonperformance of this Agreement. The Service Provider shall always remain liable to the DCSD in
accordance with applicable law for any and all damages to the DCSD caused by the Service Provider’s
breach of this Agreement.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 47
ARTICLE 4
COMPENSATION
4.1 The Service Provider agrees that the compensation for all services under this Service
Agreement shall be the specific price set forth in the attached Exhibit “A” and Exhibit “B.” There shall be
no add-on charges of any kind.
ARTICLE 5
WORKING RELATIONSHIP
5.1 The Service Provider will function in cooperation with the DCSD’s designated
representative, which is set forth in Article 1 of this Service Agreement. The Service Provider will consult
with the DCSD’s representative before finalizing recommendations or taking action at Program milestones
or other key decision points. The Service Provider shall fully cooperate with the DCSD and, if applicable,
the DCSD’s representative or designee. Such cooperation shall include, without limitation, providing any
requested information to the DCSD’s representative and advising, meeting with, consulting with, and
coordinating with the DCSD’s representative.
5.2 The DCSD shall have the right, at its sole discretion, to demand and require the Service
Provider to remove any employee or subcontractor working for the Service Provider on the Program and to
replace the employee or subcontractor without cost or liability to the DCSD.
5.3 For purposes of safety and otherwise, the Service Provider, at all times, shall ensure its
ability to thoroughly and clearly communicate, in any and all necessary languages, with the DCSD
representative and with the Service Provider’s employees, agents, representatives, and subcontractors. The
Service Provider agrees to employ one or more supervisory-level personnel capable of thoroughly and
clearly communicating, in any and all necessary languages, with the DCSD’s representative and with the
Service Provider’s employees, agents, representatives, and subcontractors, and that such supervisory-level
and language-capable personnel shall be stationed at and assigned to the location(s) or site(s) where, and at
all times when, any and all work or services under this Service Agreement shall be performed.
5.4 The Service Provider shall ensure that any and all electronic devices, computers,
software, hardware, equipment and other similar and related items that are utilized by the Service Provider,
or any entity or person under the Service Provider’s supervision or control, do not harm, or allow harm, to
the DCSD’s computers, systems, networks, and technology. The Service Provider shall take any and all
measures possible to protect the DCSD’s computers, systems, networks, and technology from viruses and
other malicious codes.
ARTICLE 6
INVOICING AND AGREEMENT PRICE
6.1 Invoices. The Service Provider shall submit invoices, to DCSD, for services rendered
pursuant to the attached Exhibit “A” and Exhibit “B.” Invoices will be paid by DCSD within thirty (30)
days after receipt of the invoice from the Service Provider. All invoices shall be submitted by Service
Provider shall be submitted to: Ms. Carla Smith, Vendor Services Executive Director, DeKalb County
School District, 1701 Mountain Industrial Boulevard, Stone Mountain, Georgia, 30083.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 48
6.2 Agreement Price. DCSD shall pay, and the Service Provider shall accept, as full and
complete payment for the Contractor's timely performance of its obligations hereunder the fixed price listed
in Section 2.3. The price set forth in Paragraph 2.3 shall constitute the Agreement Price, which shall not
be modified except where evidence acceptable to DCSD of changed market conditions and indices is
produced. Price modification requests may only be made once annually and, if approved, will only become
effective upon the next renewal of the Agreement. Any such proposed price escalation /de-escalation must
be presented in writing with substantiating proof to DCSD, for approval, a minimum of ninety (90) days
prior to taking effect at the next renewal of the Agreement.
ARTICLE 7
CANCELLATION OR TERMINATION BY DCSD
7.1 DCSD reserves the right to cancel or terminate this Service Agreement at any time for
any reason, with notice in writing to the Service Provider. In the event of cancellation or termination, the
DCSD shall pay to the Service Provider all compensation earned for actual services rendered. Any
cancellation or termination by DCSD shall be effective within thirty (30) business days of the receipt of
such cancellation or termination to Service Provider by DCSD.
7.2 Upon termination of this Service Agreement, the Service Provider shall:
7.2.1 Cease work under the Service Agreement and take all necessary or appropriate
steps to limit disbursements and minimize costs
7.2.2 Immediately cease using and return to the DCSD, any personal property or
materials, whether tangible or intangible, provided by the DCSD to the Service
Provider
7.2.3 Cooperate in good faith with the DCSD and its employees, agents and
contractors during the transition period between the notification of termination
and the substitution of any replacement contractor(s); and
7.2.4 Immediately return to the DCSD any payments made by the DCSD for Services
that were not delivered or rendered by the Service Provider.
ARTICLE 8
INDEPENDENT CONTRACTOR
8.1 The Service Provider and its employees shall perform as an independent contractor and
not an employee or representative of the DCSD. The Service Provider retains sole and exclusive liability
for all contributions, taxes or payments required to be made on account of the Service Provider’s employees
under federal or state income tax laws, unemployment and workers’ compensation acts, social security acts,
and all other legislation requiring employer contributions or withholdings.
8.2 The Service Provider shall maintain strict discipline among all personnel employed at
DCSD, nor shall any person employed on any Program site have in his or her possession any drugs,
alcohol or firearms. Unprofessional conduct, including but not limited to horseplay, wrestling, and fighting,
shall not be permitted or allowed. No employee, subcontractor or representative of the Service Provider
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 49
shall use any tobacco product while at any Program site, on any property owned by DCSD or at any function
or event sponsored by or held on behalf of DCSD.
8.3 The Service Provider agrees that the Service Provider is not an employee of DCSD for
purposes of the Patient Protection and Affordable Care Act, 42 U.S.C. § 18001, et seq. (“ACA”), or for any
other purpose. The Service Provider agrees that the Service Provider will be responsible for reporting
requirements under the ACA and certifies that the Service Provider has their own individual health plan
coverage. The Service Provider agrees that the Service Provider shall make the necessary federal, state,
and local filings and returns as required by law at the appropriate times, including, but not limited to, federal,
state, and local income tax (including estimates), filings and returns required by the Self-Employment
Contribution Act, and any other filing or return, required by federal, state, or local government. With
respect to ACA compliance obligations, Service Provider acknowledges and agrees that:
• Service Provider is responsible for filing Form 1094-C and Form 1095-C
with respect to all assigned workers assigned to DCSD;
• Service Provider is responsible for compliance with Internal Revenue
Code Section 4980H with respect to assigned workers;
• If requested by DCSD in connection with any governmental audit or
inquiry, Service Provider will cooperate in furnishing DCSD with detailed
information on assigned workers as reasonably needed for DCSD to
respond to such audit or inquiry, and at no additional charge;
• Service Provider will offer health plan coverage to assigned workers (and
their dependents) that complies with the ACA's minimum value and
affordability requirements and, during the term of their staffing Service
Agreement; and
• In addition to any existing indemnification obligations set forth in Article
20, herein, Service Provider agrees to reimburse DCSD for any penalty or
tax imposed against DCSD with respect to any assigned worker, and to
indemnify and hold harmless DCSD against all liabilities, penalties and
fees that may be imposed upon DCSD, under Internal Revenue Code
Section 4980H(a) or (b); provided that DCSD will provide prompt notice
to Service Provider of its receipt of any notice of assessment of penalty or
taxes under Code Section 4980H and Service Provider will cooperate fully
with DCSD in contesting such assessment and accepting responsibility for
its assigned workers.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 50
ARTICLE 9
RESPONSIBILITY FOR SERVICES
9.1 In the performance of this Service Agreement, the Service Provider warrants that it shall
consistently render its best efforts and shall exercise that degree of skill and care which others would
exercise in like circumstances and that its Services will be performed without errors or omissions. Service
Provider shall be responsible for the accuracy of its Services and any error and/or omission made by the
Service Provider in any work under this Service Agreement. Services performed by the Service Provider
shall be subject to review and acceptance in stages as required by the DCSD. Acceptance shall not relieve
the Service Provider of its professional obligation to correct, at Service Provider’s own expense, any errors
in the S.
9.2 If Services performed by the Service Provider fail to meet the standards set forth in
Paragraph 9.1, the DCSD may elect to have the Service Provider re-perform, or cause to be re-performed,
at no cost to the DCSD any of the Services which fail to meet said standards where: (i) such failure appears
during the performance of the Service Provider’s Services or within one year from the date of completion
of the Service Provider’s Services, and (ii) the DCSD notifies Service Provider of any such failure within
sixty (60) days of the time that the failure becomes apparent. This Paragraph 9.2 shall not be interpreted to
limit the right of the DCSD to pursue and obtain any and all other remedies against the Service Provider at
law or in equity.
9.3 Service Provider warranties that any goods to be produced to or delivered to DCSD
during the course and scope of work for this Program will be of merchantable quality, free from defects in
materials and workmanship.
9.4 DCSD acknowledges that the Service Provider shall be entitled to rely on the accuracy
and currency of information supplied by the DCSD or by any of the DCSD’s contractors or consultants, or
available from generally accepted reputable sources.
9.5 DCSD MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED.
ARTICLE 10
OWNERSHIP OF WORK PRODUCT
10.1 Any reports, recommendations, estimates, specifications, drawings, technical data,
sketches, computer software, and all other information developed, created, procured or requested by the
Service Provider in connection with its performance under this Service Agreement (the “Information”) shall
be the property of the DCSD. In entering into this Service Agreement, the Service Provider hereby transfers
to the DCSD all rights, title, and interest, including the copyright, in and to the Information.
10.2 Any reports, recommendations, estimates, specifications, drawings, technical data,
sketches, computer software, and all other information developed by equipment vendors or other third
parties that relate to the Program shall be the property of the DCSD. This provision shall not act to transfer
rights of DCSDs of standard software or specification packages for which copyright is retained by the
developer.
10.3 All original technical data, evaluations, reports and other work product of the Service
Provider shall be delivered to the DCSD upon the completion, cancellation or termination of Services under
this Service Agreement within three (3) business days of such completion, cancellation or termination. The
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 51
Service Provider may retain one (1) copy of all documents produced by the Contractor for its permanent
file.
ARTICLE 11
ACCOUNTING AND RECORDS
11.1 The Service Provider shall maintain a system of accounting and record keeping for all
Services. Further, the Service Provider will allow the DCSD’s inspection of necessary supporting receipts
and documentation for audit purposes for a period of six (6) years after completion of Services provided
under this Service Agreement.
ARTICLE 12
COMPLIANCE WITH LAWS
12.1 The Service Provider shall comply with all federal, state and local laws, regulations,
ordinances, and DeKalb County Board of Education policies that are in any way applicable to the
performance of its Services under this Service Agreement including but not limited to laws governing
health, safety, the protection or preservation of the environment, and occupational licensing.
ARTICLE 13
EQUAL EMPLOYMENT OPPORTUNITY
13.1 The Service Provider will not discriminate against any worker, employee or applicant
for employment because of race, color, religion, sex, national origin, age, citizenship status, veteran status,
sexual orientation or handicap. The Service Provider will take affirmative action to ensure that applicants
are employed, and that workers are treated during employment, without regard to their race, color, religion,
sex, national origin, age, citizenship status, veteran status, sexual orientation or handicap. Such action shall
include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment, or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship.
ARTICLE 14
CONTINGENCY FEES
14.1 The Service Provider represents that it has not employed and shall not employ any person
other than its own principals and employees to solicit this Service Agreement or any contract with the
DCSD, and that it has not and shall not pay any person other than its own principals and employees any
fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or
making of this Service Agreement or any other contract with the DCSD
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 52
ARTICLE 15
SUBCONTRACTORS
15.1 Service Provider shall manage all work and Services performed under this Service
Agreement. Upon the DCSD’s prior written consent, the Service Provider may subcontract all or part of the
Services to be provided. In such event, the rights and obligations of the Service Provider and the DCSD
will not be diminished.
15.2 All of the Service Provider’s Subcontractors shall be directly responsible to Service
Provider and shall be under the Service Provider’s direct supervision. The Service Provider shall be as fully
responsible and accountable to the DCSD for the acts and omissions of its Subcontractors and of persons
either directly or indirectly employed by Subcontractors in the performance of Services under this Service
Agreement as the Service Provider is for the acts and omissions of persons it directly employs. Other than
the DCSD being a third-party beneficiary to any Service Agreement between the Service Provider and its
Subcontractors, no other contractual relationship between DCSD and any subcontractor is created by any
provision contained in this Service Agreement.
15.3 If the Service Provider utilizes Subcontractor(s) with respect to this Service Agreement
then the Service Provider will require Subcontractor(s) to comply with all terms and conditions of this
Service Agreement including, but not limited to the insurance requirements. The Contractor shall require
all Subcontractors to supply a certificate of insurance as required herein before the Subcontractor
commences any work.
ARTICLE 16
SUCCESSORS AND ASSIGNS
The Service Provider shall not assign its rights hereunder, excepting its right to payment, nor shall
it delegate any of its duties hereunder without the written consent of the DCSD. Subject to the provisions
of the immediately preceding sentence, each Party hereto binds itself, its successors, assigns and legal
representatives to the other and to the successors, assigns and legal representatives of such other Party.
ARTICLE 17
INSURANCE
17.1 The Service Provider and all Subcontractors shall maintain insurance in the types and
coverage amounts shown below, which insurance shall provide coverage for Service Provider during the
term of this Service Agreement. Prior to the date the Service Provider signs this Service Agreement, the
Service Provider shall provide the DCSD with (i) an endorsement from the insurer naming the DeKalb
County School District and The DeKalb County Board of Education as an additional insured under the
liability policies and (ii) certificate(s) verifying that these insurance coverages and limits are in force.
Additional certificates of insurance shall be provided whenever individual policies are renewed (or
replaced) on their anniversary date and at such other times as the DCSD requests.
17.2 If the Service Provider is a joint venture involving two (2) or more entities, then each
independent entity shall satisfy the limits and coverages specified below or the joint venture will be a named
insured under each respective policy specified.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 53
17.3 The insurance requirements of this Service Agreement are:
Type of Insurance Coverage Limits
Workers Compensation $1,000,000
Employer’s Liability $1,000,000 annual aggregate
Comprehensive General Liability $2,000,000 annual aggregate
Including Contractual Liability, $1,000,000 per occurrence
Bodily Injury and Property Damage
Comprehensive Auto Liability $2,000,000 annual aggregate
Bodily Injury and Property Damage $1,000,000 per occurrence
Covering Owned, Hired and Non-Owned Autos
Professional Liability
Umbrella or Excess Insurance
17.4 The Service Provider waives all rights, including rights of subrogation, against the DCSD
and its respective directors, officers, partners, Board Members, officials, agents, insurers, subcontractors,
consultants and employees for damages covered by any type of insurance during and after the completion
of the Work.
17.5 Certificates of Insurance must be executed with the following provisions:
(a) Certificates to contain policy number, policy limits, and policy expiration date of all
policies issued in accordance with this Service Agreement;
(b) Certificates to contain the project number, location of property, name of property and
operations information to which the insurance applies;
(c) Certificates are to be issued to:
DeKalb County School District
DeKalb County Board of Education
1701 Mountain Industrial Blvd.
Stone Mountain, GA 30083
Attention: Risk Management Department
(d) Certificates shall state that the policy or policies shall not expire, be cancelled or altered
without at least sixty (60) days prior written notice to the DCSD.
(e) Service Provider shall be responsible and have the financial wherewithal to cover any
deductibles or retentions included on the certificate of insurance.
ARTICLE 18
ILLEGAL IMMIGRATION REFORM AND ENFORCEMENT ACT OF 2011
18.1 The Illegal Immigration Reform and Enforcement Act of 2011 applies to and is a requirement
for all DCSD Contracts for physical performance of services (i.e. public works contracts).
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 54
18.2 Service Provider’s compliance is set forth in Exhibit “B”. The Service Provider warrants and
represents that evidence of the Service Provider and their subcontractor(s)’ compliance by completing the
following forms is included in Exhibit “B” and incorporated herein as reference:
(a) Immigration and Security Certification
(b) Contractor Affidavit
(c) Subcontractor Affidavit
(d) Sub-Subcontractor Affidavit
ARTICLE 19
TERMINATION FOR CAUSE
19.1 Either Party hereto may terminate this Service Agreement upon giving seven (7) days prior
written notice to the other Party in the event that such other Party substantially fails to perform its material
obligations set forth herein. Any Party seeking to terminate this Service Agreement for cause shall, as a
condition precedent to the termination of this Service Agreement, provide the other Party written notice
specifically describing its failure to perform its material obligations and allow that Party thirty (30) days
after receipt of the notice in which to cure any performance deficiency.
ARTICLE 20
INDEMNIFICATION
20.1 The Service Provider agrees to hold harmless and indemnify the DCSD, its Board,
officers, employees and representatives (herein “Released Parties”) from and against any and all liability,
claims, actions, causes of action, losses, damages, demands, suits, judgments, costs and expenses arising
out of bodily injury (including death) to persons, damage to property, or financial loss, including, but not
limited to, any and all costs, expenses, legal fees and liabilities, incurred in and about investigation, defense
or prosecution thereof, to the extent caused in whole or in part by a negligent act, error or omission of the
Service Provider or any subcontractor(s), or as a result of defective Services under this Service Agreement.
20.2 The Service Provider further agrees to release, indemnify, defend and hold harmless the
Released Parties from any and all claims, demands, rights, liabilities and causes of action inuring to the
Service Provider from events over which the Released Parties exercise no control. The Service Provider
further agrees to indemnify, defend and hold harmless the Released Parties from any and all claims,
demands, rights, liabilities and causes of action arising out of DCSD’s performance under this Service
Agreement.
ARTICLE 21
AGREEMENT ADMINISTRATION
21.1 DCSD and the Service Provider have each appointed certain individuals whose names
and phone numbers appear in Article 1 to be their respective representatives in the administration and
performance of this Service Agreement. The DCSD’s representative shall have no power or authority to
change this Service Agreement, or to execute or agree to any change orders. The DCSD may change its
representative or declare a designee by written notice to the Service Provider.
21.2 To be binding against the DCSD, and as a condition precedent thereto, any addition,
deletion or modification to the terms of this Service Agreement must be in writing and signed by the DCSD.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 55
The Service Provider acknowledges that the DCSD does not, and will not be deemed to, waive this
condition precedent under any circumstances.
21.3 Failure of the DCSD or the Service Provider to insist in any one or more instances on
performance of any of the terms and conditions of this Service Agreement, or to exercise any right or
privilege contained in this Service Agreement or the waiver of any breach of the terms and conditions of
this Service Agreement, shall not be considered as creating or constituting a waiver of any such terms,
conditions, rights or privileges, and the same shall continue and remain in force and effect.
21.4 The Service Provider and the DCSD will adhere to all applicable health and safety laws,
rules and regulations including Occupational Safety and Health Administration’s (“OSHA”) Rules and
Regulations effective at the time the work was performed.
21.5 This Service Agreement shall be governed by the laws of the State of Georgia.
ARTICLE 22
PUBLIC RECORDS
22.1 The laws of the State of Georgia, including the Georgia Open Records Act, as provided
in O.C.G.A. Section 50-18-70 et seq., require procurement records and other records to be made public
unless otherwise provided by law.
ARTICLE 23
FORCE MAJEURE
23.1 The Service Provider will not be responsible or liable in any way for delay or failure to
perform its obligations under this Service Agreement during any period which performance is prevented or
hindered by conditions reasonably beyond its control, acts of God, fire, flood, and other unusually adverse
weather conditions, war, embargo, explosions, riots, laws, rules, regulations and order of any governmental
authority.
ARTICLE 24
CAPTIONS
24.1 The headings in this Service Agreement are for the convenience of the Parties hereto and
shall in no way affect the construction or interpretation of this Service Agreement or any part hereof.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 56
ARTICLE 25
ENTIRE SERVICE AGREEMENT
25.1 This Service Agreement constitutes the entire and exclusive Service Agreement between
the Parties with reference to the Services and supersedes any and all prior communications, discussions,
negotiations, understandings, or Service Agreements. This Service Agreement may be amended only by a
writing signed by both the DCSD and the Service Provider. The signature of Service Provider below,
represents to DCSD that he/she is duly authorized to execute and deliver this Service Agreement on behalf
of Service Provider.
ARTICLE 26
MISCELLANEOUS
c. 26.1 Unless otherwise expressly provided to the contrary in this Service Agreement, the
term “day” shall mean calendar day.
d. 26.2 Any claim, dispute or other matter in question arising out of or related to this
Service Agreement shall be subject to mediation as a condition precedent to the institution of legal or
equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the
Service Provider’s services, the Service Provider may proceed in accordance with applicable law to comply
with the lien notice or filing deadlines prior to resolution of the matter by mediation. The DCSD and
Service Provider shall endeavor to resolve claims, disputes and other matters in question between them by
mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Mediation
Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in
writing with the other Party to this Service Agreement and with the American Arbitration Association. The
request may be made concurrently with the filing of a civil action but, in such event, mediation shall proceed
in advance of legal or equitable proceedings, which may be stayed pending mediation for a period of 60
days from the date of filing, unless stayed for a longer period by Service Agreement of the parties or a court
order. The Parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held
in the place where the Program is located, unless another location is mutually agreed upon. Subject to the
express approval of the DeKalb County Board of Education, agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
e. 26.3 The exclusive venue for any civil action arising out of or related to this Service
Agreement shall be in the federal, superior, or state courts of DeKalb County, Georgia. If any civil action
is instituted to interpret, enforce or rescind this Service Agreement, the prevailing party in such lawsuit
shall be entitled to recover, in addition to any other relief awarded, its reasonable attorney fees and other
fees, costs, and expenses of every kind, incurred in connection with the lawsuit.
f. 26.4 If any provision of this Service Agreement or the application thereof to any person
or circumstance shall to any extent be held invalid, then the remainder of this Service Agreement or the
application of such provision to persons or circumstances, other than those as to which it is held invalid,
shall not be affected thereby, and each provision of this Service Agreement shall be valid and enforced to
the fullest extent permitted by law.
g. 26.5 This Service Agreement may be executed in several counterparts, each of which
shall be deemed an original, and all such counterparts together shall constitute one and the same Service
Agreement. A scanned or photocopy of an original signature shall be deemed an original for purposes of
this Service Agreement.
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 57
26.6 Service Provider, and all personnel of Service Provider, agree to a background check. The
Service Provider, and all personnel of Contractor, shall undergo the same criminal background check,
within the last 365 days, as required by DCSD employees. Such background checks will be performed by
DCSD at the expense of the Service Provider. Additionally, any charges against the Service Provider, or
personnel, may be deemed unacceptable in DCSD’s sole discretion regardless of whether dismissed,
expunged, sealed, removed from the record, treated as a “first offender” or dead docketed. Upon receipt
and evaluation of DCSD’s background check results, DCSD may demand that the personnel named in the
check result, not provide services to DCSD premises. Any failure of the Service Provider, or personnel, to
obtain a criminal records background check through DCSD, as stated herein, may result in termination of
any resulting contract between Service Provider and DCSD. Confirmation of background checks must be
submitted in writing prior to commencement of any services to DCSD to: Ms. Carla Smith, Purchasing
Manager III, DeKalb County School District, 1701 Mountain Industrial Boulevard, Stone Mountain,
Georgia, 30083.
26.7 Service Provider shall obtain prior written approval from DCSD’s Department of
Communications before the distribution of any news, press release or any marketing materials, by Service
Provider, which mentions DCSD, DeKalb County Board of Education, or any of the schools or centers
within DCSD, or uses DCSD’s logo or trademark. All requests for prior written approval shall be sent to:
Communications Department, DeKalb County School District, 1701 Mountain Industrial Blvd., Stone
Mountain, Georgia, 30083.
IN WITNESS WHEREOF, the DCSD and the Service Provider, agreeing to the above terms and
conditions and intending to be legally bound and each acting through persons duly authorized,
have placed their signatures on duplicate original copies of this Service Agreement.
DCSD: SERVICE PROVIDER:
DEKALB COUNTY SCHOOL DISTRICT _________________________
By: By:
[Signature] [Signature] [SEAL]
Dr. Devon Horton, Superintendent Print Name:___________________________
Title:_______________________________
1701 Mountain Industrial Blvd __________________
Stone Mountain, GA 30083 __________________
Address
__________________________________ __________________________________
[Date of Execution] [Date of Execution]
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 58
EXHIBIT “A”
DeKalb County School District RFP No. 24-589
For
English Learners Program Evaluation & Master Planning
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 59
EXHIBIT “B”
Service Provider’s Proposal including pricing
and any applicable Scope of Services
and any applicable Payment and Payment Terms Schedule
attached except that objections or amendments by the
Service Provider that have not been explicitly accepted by DCSD in
Writing In this Service Agreement and Contract shall not be included in
the Contract Documents Or this Service Agreement and shall be given
no weight or consideration
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 60
EXHIBIT “C”
DeKalb County Board of Education Directive
Signed by the Superintendent and dated ________________________
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 61
EXHIBIT “D”
Notice of Award Letter Dated ______________________
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 62
END OF EXHIBITS
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 63
Attachment J
RFP 24-589
English Learners Program Evaluation & Master
Planning
SIGNATURE PAGE
I certify that I have read this RFP document in its entirety and agree to conform to and
comply with the terms, conditions and requirements of this RFP. I also certify that I am a
duly appointed official of the offering company with the authority to authorize and engage
this RFP submittal. Further, I certify that the contents of the response to this RFP are
true, accurate and complete.
______________________________ _______________________________
Printed Name/Engaging Authorized Position/Title
Company Official
_______________________________
Offeror’s Company Name
_______________________________ ________________________________
Signature/Engaging Authorized E-mail Address
Company Official
________________________________
Telephone Number
______________________________
Date
RFP 24-589 English Learners Program Evaluation & Master Planning PAGE 64
END OF RFP