Agenda Item
i. Contract Renewal ~ Pressure Washing Services ~ ITB 21-752-043 ~ A-Action Janitorial Services, Autaco Development, LLC, and Tribond, LLC ~ Contract Renewal #4 of 4 (Not to exceed $2,000,000)
Summary: Presented by: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the DeKalb County School District Board of Education (“the Board”) approve the fourth of four (#4 of 4) contract renewals for ITB 21-752-043 for Pressure Washing Services in an amount not to exceed $2,000,000 to A-Action Janitorial Services, Autaco Development, LLC., and Tribond, LLC.
Why: This request is a contract renewal for A-Action Janitorial Services, Autaco Development, LLC and Tribond, LLC to provide pressure washing services on an as-needed basis, to maintain clean, safe, and sanitary learning environments across schools, athletic facilities, and administrative buildings at various locations throughout DeKalb County School District (“DCSD”) in a timely and cost-effective manner. This request extends the agreement for the above - captioned vendors for an additional year through 2026.
Approval of the contract renewal meets Strategic Goal Area 6: Organizational Excellence.
Details: Pressure washing services are critical for campus upkeep, improving overall appearance and hygiene, and reducing the buildup of mold, mildew, and other environmental contaminants. Approval of the contract renewal will promote operational efficiency, schedule responsiveness, and ensure timely execution of both preventative and reactive facility care.
A-Action Janitorial Services, Autaco Development, LLC, and Tribond, LLC, have demonstrated consistent quality and responsiveness during prior contract terms.
Pressure washing tasks are coordinated through the Facilities Maintenance Department and may also support capital improvement initiatives executed under the E-SPLOST program. Services will be assigned via work orders based on operational needs and managed by Facilities Maintenance leadership.
ITB 21-752-043- Pressure Washing Services was approved by the Board on September 13, 2021. The contract terms are for an initial one (1) year with four (4) optional annual renewals.
This recommendation is for the fourth of four (#4 of 4) one (1) year contract renewal options through September 12, 2026, under the existing terms, conditions, and pricing structure.
Financial impact: The contract amount not to exceed amount of $2,000,000, will be allocated from the General Fund Budget - Deferred Maintenance using the cost code: (100.2600.543013.00011.7520.9990.8013.040.0000).
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678.676.1447
Mr. Keith Ball, Executive Director of Facilities and Capital Improvement, Division of Operations, 678.676.1478
Effective: Upon Board Approval
Status: Approved by the Office of Legal Affairs
APPENDIX B
STANDARD FORM OF CONTRACT
FOR SERVICES
(NON-STATE CAPITAL OUTLAY PROJECTS)
BETWEEN THE
DEKALB COUNTY SCHOOL DISTRICT
AND THE SERVICE CONTRACTOR
Service Contractor: Autaco Development, LLC
Project Name: Pressure Washing Contractor Services____
Address: 3099 Washington Road_ __
East Point, GA 30344
ITB No.: 21-752-043
Description: Pressure Washing Services
Cost Code: Various General Fund and E-SPLOST Codes
DeKalb Standard Form of Contract for Services Non-Sate Capital Outlay Projects (Revised 6.30.2015)
CONTRACT FOR SERVICES
The contract for services, which includes this agreement and the below referenced
documents attached as Exhibits (the "Contract") is made and entered into by and between the
DeKalb County School District (the "Owner") and Autaco Development, LLC (the
"Service Contractor"). The term of this Contract begins on the date executed by the last party to
execute below (effective date).
The performance period for the Agreement is one (1) year from the effective date. 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 the DeKalb County
School District. Additionally, as required by O.C.G.A. § 20-2-506, this Contract shall terminate
absolutely and without further obligation on the part of DeKalb County School District 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 DeKalb County School District terminates the agreement by providing
Autaco Development, LLC with thirty (30) days advance notice of termination prior to the end
of the calendar year, subject to the other termination methods available to the owner herein.
The Contract Documents consist of:
a. This agreement (Contract for Services);
b. Request for Proposal (ITB) No. 21-752-043 (Exhibit A);
c. The Service Contractor's Proposal to the above-numbered ITB, including
pricing, and any applicable Scope of Services and any applicable Payment and
Payment Terms Schedule attached except that objections or amendments by
a Service Contractor that have not been explicitly accepted by DeKalb County
School District in writing in this agreement shall not be included in the Contract
Documents or this agreement and shall be given no weight or consideration;
(Exhibit B);
d. Board Directive Signed by the Superintendent and dated September 13, 2021
(Exhibit C); and
e. Notice of Award dated September 21, 2021 (Exhibit D).
This agreement together with the aforementioned documents collectively forms the Contract. All
prior and contemporaneous negotiations and agreements between the parties on the matters
contained in this Agreement are expressly merged into and superseded by this Agreement.
DeKalb County School District 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 Contractor's liability or any other third party's liability, limitation of
warranties, packaging, invoices, service catalog, brochure, technical data sheet, electronic
disclosures, electronic agreements, or other document which attempts to impose any conditions
at variance with or in addition to the terms and conditions of this Contract.
Any inconsistency or conflict among the specific provisions of this agreement and the other
Contract Documents shall be resolved as follows:
a. First, by giving preference to the specific provisions of this agreement;
b. Second, by giving preference to the specific provisions of the ITB attached
hereto as Exhibit A;
c. Third, by giving preference to the specific provisions of Service Contractor’s
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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 a Service Contractor that have
not been explicitly accepted by DeKalb County School District in writing in this
shall not be included in the Contract Documents or this agreement and shall
be given no weight or consideration.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the Owner and the Service Contractor agree:
ARTICLE 1
PARTIES TO THE CONTRACT
The Owner’s address and its contact person are:
DeKalb County Board of Education
Sam A. Moss Service Center
1780 Montreal Road
Tucker, GA 30084
Attention: Richard H. Boyd, Interim Chief Operating Officer
Phone: 678-676-1483
Fax: 678-676-1475
The Service Contractor’s address and its contact person are:
Autaco Development, LLC
3099 Washington Road
East Point, GA 30344
Attention: Audra Cooper
Phone: 404-559-1805
Fax: 404-761-0020
ARTICLE 2
PROGRAM AND SCOPE OF SERVICES
2.1 The Service Contractor shall provide Services, as hereinafter particularly
described below, on the Program: Pressure Washing Services
2.2 The Service Contractor represents to Owner that individuals that the Service
Contractor shall utilize to fulfill and complete this Contract possess expertise in the following
disciplines and possess the following accreditations or other credentials, if any: The contractor
shall hold a license issued by the State of Georgia, additionally Vendor shall have technical
knowledge to support correct application of pressure and any chemicals used in the pressure
washing and window cleaning processes.
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2.3 The Service Contractor shall provide the Owner the following Services with
respect to the Program: in accordance with all Bid documents as prepared by DCSD dated
June 10, 2021 and identified in this document as Exhibit A, Addendum No. 1 dated June 24,
2021 and Addendum No. 2 dated July 6, 2021.
2.4 As part of its Services, the Service Contractor shall produce for and/or deliver to
the Owner the following tangible products, goods or deliverables (ex.: reports, plans, financial
estimates, parts, equipment, etc.: All materials and equipment necessary to perform the
required services.
ARTICLE 3
SCHEDULE
3.1 Service Start Date: Date contract is executed by the last party
Incremental Service Date(s): _N/A
Final Service Date or Completion Date: Close of current calendar year and
each subsequent year that contract is renewed.
ARTICLE 4
COMPENSATION
4.1 Compensation under this Contract shall be pursuant to the terms specified in
Exhibit “B.”
ARTICLE 5
WORKING RELATIONSHIP
5.1 The Service Contractor will function in cooperation with the Owner’s designated
representative, which is set forth in Article 1 of this Contract. The Service Contractor will consult
with the Owner’s representative before finalizing recommendations or taking action at Program
milestones or other key decision points. The Service Contractor shall fully cooperate with the
Owner and, if applicable, the Owner’s representative or designee. Such cooperation shall include,
without limitation, providing any requested information to the Owner’s representative and
advising, meeting with, consulting with, and coordinating with the Owner’s representative.
5.2 The Owner shall have the right, at its sole discretion, to demand and require the
Service Contractor to remove any employee or subcontractor working for the Service Contractor
on the Program and to replace the employee or subcontractor without cost or liability to the Owner.
5.3 For purposes of safety and otherwise, the Service Contractor, at all times, shall
ensure its ability to thoroughly and clearly communicate, in any and all necessary languages, with
the Owner representative and with the Service Contractor’s employees, agents, representatives,
and subcontractors. The Service Contractor agrees to employ one or more supervisory-level
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personnel capable of thoroughly and clearly communicating, in any and all necessary languages,
with the Owner’s representative and with the Service Contractor’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 Contract shall be performed.
5.4 The Service Contractor shall ensure that any and all electronic devices,
computers, software, hardware, equipment and other similar and related items that are utilized by
the Service Contractor, or any entity or person under the Service Contractor’s supervision or
control, do not harm, or allow harm, to the Owner’s computers, systems, networks, and
technology. The Service Contractor shall take any and all measures possible to protect the
Owner’s computers, systems, networks, and technology from viruses and other malicious codes.
ARTICLE 6
INVOICING AND CONTRACT PRICE
6.1 All invoices shall be as set forth in Exhibit “B.”
6.2 Contract Price. The Owner shall pay, and the Contractor shall accept, as full and
complete payment for the Contractor's timely performance of its obligations hereunder the Unit
Pricing identified in Exhibit B in this contract . The price set forth in this Paragraph 6.2 shall
constitute the Contract Price, which shall not be modified except where evidence acceptable to
DCSD of changed market conditions and indices is produced. Any such proposed price
escalation /de-escalation must be presented in writing with substantiating proof to DCSD a
minimum of ninety (90) days prior to the expiration date each subsequent year that contract is
renewed.
a. Pressure Washing Contractor Services will be requested on an as needed basis
as per the unit prices provided in Attachment I included in Exhibit B of this Contract.
ARTICLE 7
CANCELLATION OR TERMINATION BY OWNER
7.1 The Owner reserves the right to cancel or terminate this Contract with notice in
writing to the Service Contractor. In the event of cancellation or termination, the Owner shall pay
to the Service Contractor all compensation earned for actual services rendered.
7.2 Within three (3) business days of such cancellation or termination, the Service
Contractor shall (i) comply with the requirements of all of the items identified in Paragraphs 10.1,
10.2, and 10.3, below. Under no circumstances shall the Service Contractor assert any lien or
other claim over or relating to any such documents, material, data and information.
7.3 The Owner may, without cause, order the Service Contractor in writing to
suspend, delay or interrupt the work or services covered by this Contract, in whole or in part, for
such period of time as the Owner may determine.
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ARTICLE 8
INDEPENDENT CONTRACTOR
8.1 The Service Contractor and its employees shall perform as an independent
contractor and not an employee or representative of the Owner. The Service Contractor retains
sole and exclusive liability for all contributions, taxes or payments required to be made on account
of the Service Contractor’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 Contractor shall maintain strict discipline among all personnel
employed at any Program site, and no person under the influence of drugs or alcohol shall be
allowed on the property of the Owner, 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 Contractor shall use any tobacco product while at
any Program site, on any property owned by Owner or at any function or event sponsored by or
held on behalf of Owner.
ARTICLE 9
DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR
9.1 Generally. In addition to any and all other duties, obligations and responsibilities
of the Contractor set forth in this Contract, the Contractor shall have and perform the following
duties, obligations and responsibilities to the Owner:
9.1.1 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.
ARTICLE 10
RESPONSIBILITY FOR SERVICES
10.1 In the performance of this Contract, the Service Contractor 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.
10.2 If Services performed by the Service Contractor fail to meet the standards set
forth in Paragraph 10.1, the Owner may elect to have the Service Contractor re-perform, or cause
to be re-performed, at no cost to the Owner any of the Services which fail to meet said standards
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where: (i) such failure appears during the performance of the Service Contractor’s Services or
within one year from the date of completion of the Service Contractor’s Services, and (ii) the Owner
notifies Service Contractor of any such failure within sixty (60) days of the time that the failure
becomes apparent. This Paragraph 10.2 shall not be interpreted to limit the right of the Owner to
pursue and obtain any and all other remedies against the Service Contractor at law or in equity.
10.3 Service Contractor warranties that any goods to be produced to or delivered to
Owner during the course and scope of work for this Program will be of merchantable quality, free
from defects in materials and workmanship.
10.4 The Owner acknowledges that the Service Contractor shall be entitled to rely on
the accuracy and currency of information supplied by the Owner or by any of the Owner’s
contractors or consultants, or available from generally accepted reputable sources.
10.5 OWNER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED.
ARTICLE 11
OWNERSHIP OF WORK PRODUCT
11.1 Any reports, recommendations, estimates, specifications, drawings, technical
data, sketches, computer software, and all other information developed, created, procured or
requested by the Service Contractor in connection with its performance under this Contract (the
“Information”) shall be the property of the Owner. In entering into this Contract, the Service
Contractor hereby transfers to the Owner all right, title, and interest, including the copyright, in
and to the Information.
11.2 Any reports, recommendations, estimates, specification, 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 Owner. This provision
shall not act to transfer rights of owners of standard software or specification packages for which
copyright is retained by the developer.
11.3 All original technical data, evaluations, reports and other work product of the
Service Contractor shall be delivered to the Owner upon the completion, cancellation or
termination of Services under this Contract within three (3) business days of such completion,
cancellation or termination. The Service Contractor may retain one (1) copy of all documents
produced by the Contractor for its permanent file.
ARTICLE 12
ACCOUNTING AND RECORDS
12.1 The Service Contractor shall maintain a system of accounting and record keeping
for all Services. Further, the Service Contractor will allow the Owner’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 Contract.
ARTICLE 13
COMPLIANCE WITH LAWS
13.1 The Service Contractor 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 Contract including but not limited to laws
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governing health, safety, the protection or preservation of the environment, and occupational
licensing. DCSD policies are available via the following link:
https://simbli.eboardsolutions.com/SB_ePolicy/SB_PolicyOverview.aspx?S=4054
ARTICLE 14
EQUAL EMPLOYMENT OPPORTUNITY
14.1 The Service Contractor 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 Contractor 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 15
CONTINGENCY FEES
15.1 The Service Contractor represents that it has not employed and shall not employ
any person other than its own principals and employees to solicit this Contract or any contract
with the Owner, 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 Contract or any other contract with the Owner.
ARTICLE 16
SUBCONTRACTORS
16.1 Service Contractor shall manage all work and Services performed under this
Contract. Upon the Owner’s prior written consent, the Service Contractor may subcontract all or
part of the Services to be provided. In such event, the rights and obligations of the Service
Contractor and the Owner will not be diminished.
16.2 All of the Service Contractor’s Subcontractors shall be directly responsible to
Service Contractor and shall be under the Service Contractor’s direct supervision. The Service
Contractor shall be as fully responsible and accountable to the Owner 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 Contract as the Service Contractor is for the acts and
omissions of persons it directly employs. Other than the Owner being a third-party beneficiary to
any agreement between the Service Contractor and its Subcontractors, no other contractual
relationship between Owner and any subcontractor is created by any provision contained in this
Contract.
16.3 If the Service Contractor utilizes Subcontractor(s) with respect to this Contract,
then the Service Contractor will require Subcontractor(s) to comply with all terms and conditions
of this Contract 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.
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ARTICLE 17
SUCCESSORS AND ASSIGNS
The Service Contractor 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 Owner. 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 18
INSURANCE
18.1 The Service Contractor and all Subcontractors shall maintain insurance in the
types and coverage amounts shown below, which insurance shall provide coverage for Service
Contractor during the term of this Contract. On the date the Service Contractor signs this
Contract, the Service Contractor shall provide the Owner 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 Owner requests.
18.2 The insurance requirements of this Contract 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
18.3 The Service Contractor waives all rights, including rights of subrogation, against
the Owner 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.
ARTICLE 19
TERMINATION FOR CAUSE
19.1 Either party hereto may terminate this Contract upon giving seven (7) days written
notice to the other party in the event that such other party substantially fails to perform its material
obligations set forth herein.
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ARTICLE 20
INDEMNIFICATION
20.1 The Service Contractor agrees to hold harmless and indemnify the Owner, its
Board, officers, employees and representatives 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, 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 Contractor or any subcontractor(s), or as a result of
defective Services under this Contract.
ARTICLE 21
CONTRACT ADMINISTRATION
21.1 The Owner and the Service Contractor 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 Contract. The Owner’s representative shall have no power
or authority to change this Contract or to execute or agree to any change orders. The Owner may
change its representative or declare a designee by written notice to the Service Contractor.
21.2 To be binding against the Owner, and as a condition precedent thereto, any
addition, deletion or modification to the terms of this Contract must be in writing and signed by
the Owner. The Service Contractor acknowledges that the Owner does not, and will not be
deemed to, waive this condition precedent under any circumstances.
21.3 Failure of the Owner or the Service Contractor to insist in any one or more
instances on performance of any of the terms and conditions of this Contract, or to exercise any
right or privilege contained in this Contract, or the waiver of any breach of the terms and conditions
of this Contract, 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 Contractor and the Owner 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 Contract shall be governed by the laws of the State of Georgia.
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ARTICLE 22
FORCE MAJEURE
22.1 The Service Contractor will not be responsible or liable in any way for delay or
failure to perform its obligations under this Contract 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 23
CAPTIONS
23.1 The headings in this Contract are for the convenience of the parties hereto and
shall in no way affect the construction or interpretation of this Contract or any part hereof.
ARTICLE 24
ENTIRE AGREEMENT
24.1 This Contract constitutes the entire and exclusive agreement between the parties
with reference to the Program and supersedes any and all prior communications, discussions,
negotiations, understandings, or agreements. This Contract may be amended only by a writing
signed by both the Owner and the Service Contractor.
ARTICLE 25
MISCELLANEOUS
25.1 Unless otherwise expressly provided to the contrary in this Contract, the term”
day” shall mean calendar day.
25.2 Any claim, dispute or other matter in question arising out of or related to this
Contract 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 Contractor’s services, the Service Contractor 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 Owner and Service Contractor 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 Construction Industry Mediation Rules of the American
Arbitration Association currently in effect. Request for mediation shall be filed in writing with the
other party to this Contract 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 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.
25.3 The exclusive venue for any civil action arising out of or related to this
Agreement shall be in the federal, superior, or state courts of DeKalb County, Georgia.
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EXHIBIT “A”
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EXHIBIT “B”
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EXHIBIT “C”
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EXHIBIT “D”
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EXHIBIT “E”
CONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned Contractor verifies its compliance with
O.C.G.A. 13-10-91, and attests under oath that:
(1) the individual, firm, or corporation (“Contractor”) which is contracting with the
DeKalb County Board of Education has registered with, is authorized to use, uses, and will
continue throughout the contract term to use and participate in, a federal work authorization
program [any of the electronic verification of work authorization programs operated by the
United States Department of Homeland Security or any equivalent federal work authorization
program operated by the United States Department of Homeland Security to verify information
of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA),
P.L. 99-603], in accordance with the applicability provisions and deadlines established in
O.C.G.A. 13-10-91, as amended. As of the effective date of O.C.G.A. 13-10-91, the applicable
federal work authorization program is the “EEV/Basic Pilot Program” operated by the U. S.
Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security,
in conjunction with the Social Security Administration (SSA).
(2) Contractor’s correct user identification number and date of authorization is set
forth herein below.
(3) Contractor agrees that the Contractor will not employ or contract with any
subcontractor(s) in connection with the physical performance of services pursuant to this
contract with the DeKalb County Board of Education, unless at the time of the contract said
subcontractor:
(a) is registered with and participates in the federal work authorization
program;
(b) provides Contractor with a duly executed, notarized affidavit with the
same affirmations, agreements, and information as contained herein and in
such form as required under applicable law; and
(c) agrees to provide Contractor with notice of receipt and a copy of every sub-
subcontractor Affidavit or other applicable verification procured by subcontractor
at the time of contract with the sub-subcontractor(s) within five (5) business days
after receiving the said Affidavit or verification.
Contractor agrees to maintain records of such compliance and to provide notice of receipt
and a copy of each such subcontractor Affidavit or other permissible verification to the DeKalb
County Board of Education at the time the subcontractor(s) is retained to perform such service or
within five (5) days after receiving the said Affidavit or verification, whichever first occurs.
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EXHIBIT “F”
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its
compliance with O.C.G.A. 13-10-91, and attests under oath that:
(1) the undersigned individual, firm or corporation (“Subcontractor”) is engaged in
the physical performance of services under a contract with
_________________________________ (name of Contractor), which has a contract with the
DeKalb County Board of Education.
(2) Subcontractor has registered with, is authorized to use, uses, and will continue
throughout the contract term to use and participate in, a federal work authorization program [any
of the electronic verification of work authorization programs operated by the United States
Department of Homeland Security or any equivalent federal work authorization program operated
by the United States Department of Homeland Security to verify information of newly hired
employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603],
in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-
91. As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization
program is the “EEV/Basic Pilot Program” operated by the U. S. Citizenship and Immigration
Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social
Security Administration (SSA).
(3) Subcontractor’s correct user identification number and date of authorization is set
forth herein below.
(4) Subcontractor agrees that the Subcontractor will not employ or contract with any sub-
subcontractor(s) in connection with the physical performance of services pursuant to this
subcontract or the contract with the DeKalb County Board of Education, unless said sub-
subcontractor:
(a) is registered with and participates in the federal work authorization
program;
(b) provides Subcontractor with a duly executed, notarized affidavit
with the same affirmations, agreements, and information as contained herein
and in such form as required under applicable law; and
(c) agrees to provide Subcontractor with notice of receipt and a copy of
every sub-subcontractor Affidavit or other permissible verification procured by sub-
subcontractor at the time the sub-subcontractor(s) is retained to perform such
service or within five (5) days after receiving the said Affidavit or verification,
whichever first occurs.
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Subcontractor agrees to maintain records of such compliance and to provide notice of receipt
and a copy of each such sub-subcontractor Affidavit or other applicable verification to the
Contractor at the time the sub-subcontractor(s) is retained to perform such service or within five
(5) days after receiving the said Affidavit or verification, whichever first occurs.
EEV/Basic Pilot Program User Identification Number Date of Authorization
If an applicable Federal work authorization program as described above is used, other than the
EEV/Basic Pilot Program, please identify the program.
BY: Authorized Officer or Agent Date
_________________________________________
(Subcontractor Name)
Title of Authorized Officer or Agent of Subcontractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF _____________________, 20____
Notary Public
My Commission Expires:
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EXHIBIT “G”
AFFIDAVIT OF EXEMPTION
(Under O.C.G.A. § 13-10-91(b)(1))
The undersigned, in connection with a proposed contract or subcontract with the DeKalb County
School District for the physical performance of service in the State of Georgia (the “Contract”),
hereby affirms and certifies under penalties of perjury that:
(a) I am exempt under Title 26 or Title 43
(b) If at any time hereafter I determine that I no longer qualify as exempt under Title 26 or Title
43, then I will:
(i.) immediately notify the School District in writing; and
(ii.) register with, participate in and use, a federal work authorization program operated
by the United States Department of Homeland Security or any equivalent federal
work authorization program operated by the United States Department of Homeland
Security to verify information of newly hired employees, pursuant to the Immigration
Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the
applicability provisions and deadlines established in O.C.G.A. 13-10-91, as
amended; and
(iii.) Provide the School District with all affidavits required by O.C.G.A. § 13-10-90 et seq.
and Georgia Department of Labor Rule 300-10-1-.02, 300-10-1-.03, 300-10-1-.07
and 300-10-1-.08.
____________________________/
Signature Printed Name Title
By signing above, you are certifying that the representations made herein are true and correct.
Firm Name:
_________________________________________________________________________________
Street/Mailing Address:
City, State, Zip Code:
Telephone Number: / email: ________________________________
Sworn to and subscribed before me this ________ day of , 20
Notary Public
My Commission Expires:
71