200-VISUAL-04072025-CR.pdf

Johnston County Public Schools

REQUEST FOR PROPOSALS NO.

200-VISUAL-04072025-CR

Exceptional Children Department

Request for Proposals for

Visual Impairment Services

Bids will be publicly opened:

JCPS Simpson Building 2320 US HWY 70 Business East

Smithfield, NC 27577

Monday, April 7, 2025 at 10:30am

Contract Type: One-Year

Refer ALL Inquiries to:

Purchasing Department

Telephone No: 919-934-6031 Ext. 8065

Commodity: Visual Impairment Services

E-Mail:

purchasing@johnston.k12.nc.us

Using Agency Name:

Johnston County Public Schools

(See page 6 for hand delivery and mailing instructions.)

Request/Background

The Exceptional Children’s Department (EC) of Johnston County Public Schools (JCPS) is soliciting vendors for the purpose of providing exceptional children services and/or evaluations for students requiring visual impairment services as aligned with individual education programs and North Carolina Policies Governing Services for Students with Disabilities.

The goal of this RFP is to identify vendor(s) for Certified Teachers of the Visually Impaired and Certified Orientation and Mobility Specialists.

Performance Requirements/Specifications: At a minimum, the vendor/agency must comply with the following requirements/specifications.

1. NC Teaching License - Visually Impaired / NC Certification Orientation and Mobility Specialist

2. Experience with technology, low vision devices

3. Experience with providing instruction for students with disabilities including data management skills

4. Provide visual impairment services based on the individual student’s evaluation results and the planned intervention goals in the student’s Individualized Education Plan (IEP).

5. Complete observations/screenings evaluations of students with suspected difficulties in relation to a visual impairment, and complete written reports as required by the established procedures in JCPS.

6. Develop and/or contribute information for use in IEP’s and/or IEP goals and current levels of performance of students as needed for the current school year, based on students’ identified needs for services. Develop IEPs of students reflecting the progress made during the year and the goals for the upcoming school year.

7. Attend IEP meetings as needed to explain service delivery, results of evaluations, and development of IEPs.

8. Provide services required for interventions and/or those listed on the student’s IEP.

9. Provide consultation and training to other staff members working with students.

10. Attend other meetings as required by JCPS.

11. Verify the licensing and credentials of each of its service providers assigned to work with JCPS.

12. Service providers must have a current driver’s license and personal transportation.

13. Agency must follow state requirements and comply with the NC Department of Public Instruction (DPI) Guidelines for Visually Impaired Services in Schools.

mailto:purchasing@johnston.k12.nc.us

Page: 2 BID No. 200-VISUAL-04072025-CR BIDDER:

NOTICE TO BIDDERS

All bids are required to be received by Johnston County Public Schools Purchasing Department located in the Simpson’s Building at 2320 US HWY 70 Business East, Smithfield, NC 27577, RFP No. 200-VISUAL-04072025-CR, Attn:

Purchasing Department no later than Monday, April 7, 2025 at 10:30AM (local time).

All replies must reference RFP No. 200-VISUAL-04072025-CR and include Vendor Name.

NOTE: RFP No. 200-VISUAL-04072025-CR, must be present and visible and clearly labeled on the outer shipping envelope/package/container otherwise the bid may be rejected. Refer to page 6 for proper mailing instructions and hand delivery instructions. USPS mail is automatically routed to our PO Box which creates issues for large packages, do NOT use this method to send proposals.

Bids submitted via facsimile (FAX) machine, open, see through, or emailed in response to this request for proposal will not be accepted. Bids are subject to rejection unless submitted on this form. Late Bids will not be accepted and will be considered nonresponsive.

Bidder Questions

All questions concerning this RFP, or any request for additional data or information must be submitted in writing via email to the Purchasing Department at purchasing@johnston.k12.nc.us subject line must reference QUESTIONS RFP No.

200-VISUAL-04072025-CR by April 1, 2025

Responses to these questions will be provided no later than April 2, 2025 via this LINK. JCPS will make every effort to provide answers to questions within 24 hours of receiving the question via the Link provided. Questions received after the timeframe provided to submit questions are not guaranteed to be answered. JCPS will make every effort to answer any and all questions submitted.

ANTICIPATED TIMETABLE

Event Responsibility Date & Time

Post RFP - Public Notice JCPS March 27, 2025

Submit Written Questions to purchasing@johnston.k12.nc.us

Vendor April 1, 2025

Provide Responses to Questions at this Link

JCPS April 2, 2025

Submit Bids - Bid Documents Due Vendor April 7, 2025 by 10:30am

Bid Opening - Public Bid Opening JCPS All sealed bids will be publicly opened on April 7, 2025 at 10:30am

* Historically Underutilized Businesses are encouraged to bid

Award Notice

Award Notice will be sent via email to the email address listed on the Execution Sheet on page 5.

BIDDER’S LIST

Johnston County Public Schools desires to provide opportunities to responsible suppliers to do business with the school system. This list is used to develop a mailing list for distribution of specifications, invitations to bid, and notice of other https://docs.google.com/document/d/1_zzWkLNANWipQfkxbOGG8S2Cx_U9nrjMbqMnRfsFFYo/edit?usp=sharing https://docs.google.com/document/d/1_zzWkLNANWipQfkxbOGG8S2Cx_U9nrjMbqMnRfsFFYo/edit?usp=sharing

Page: 3 competitive purchasing processes. If you wish to be added to JCPS Bidder’s list please fill out the form linked here and submit it with your bid.

Summary

Proposals are being solicited for Visual Impairment Services. JCPS provides an appropriate education for all students identified as having special needs pursuant to the Individuals with Disabilities Education Act (IDEA). Some students with disabilities need visual impairment services as a part of their individual education plan.

Term of Contract

The agreement shall commence following award upon the date of execution of the agreement by both parties and extend for a period of July 1, 2025 - June 30, 2026. Any amendment or modification of the agreement shall be null and void, unless it is contained in writing signed by both parties.

Proposal Format

Responses must follow the format outlined below. Johnston County Public Schools may reject as non-responsive at its sole discretion any proposal that does not provide complete and/or adequate responses or departs in any substantial way from the required format. Responses should be divided using tabs to separate each section, listed sequentially as follows:

Letter of Transmittal

Provide a letter of transmittal including the required information:

● Identification of the vendor, including name, address, telephone number, fax number, and e-mail address

● Location of the office from which coordination of service will be provided, including hours of operation

● The signature of an officer of the Vendor authorized to bind the Vendor

● The name, contact information, and hours of operation of the individual who serves as the point of contact for this solicitation, and

● Summarize your company’s ability to meet the needs of JCPS for additional contract support for visual impairment services.

● Address the letter to JCPS Purchasing Department.

Responsiveness to JCPS Request

The vendor shall provide contract NC License Visually Impaired Teachers and O&M Specialist who meet the following qualifications and attributes, please elaborate on your companies capability of providing the following:

● Licensed as a Teacher of the Visually Impaired/Orientation and Mobility Specialist (Certified in North Carolina)

● Experience in providing services in a school setting

● Experience in working with children with varied vision impairment needs

● General knowledge of the Individuals with Disabilities Education Act (IDEA) as it relates to visual impairment services designed to enable a child with a disability to receive FAPE.

Performance Requirements/Specifications: At a minimum, the vendor/agency must comply with the following requirements/specifications. Please elaborate on your companies capability of providing the following:

1. NC Teaching License - Visually Impaired / O&M Specialist

2. Experience with technology, low vision devices

3. Experience with providing instruction for students with disabilities including data management skills

4. Provide visual impairment services based on the individual student’s evaluation results and the planned intervention goals in the student’s Individualized Education Plan (IEP).

5. Complete observations/screenings evaluations of students with suspected difficulties in relation to a visual impairment, and complete written reports as required by the established procedures in JCPS.

6. Develop and/or contribute information for use in IEP’s and/or IEP goals and current levels of performance of students as needed for the current school year, based on students’ identified needs for services. Develop IEPs of students reflecting the progress made during the year and the goals for the upcoming school year.

https://docs.google.com/document/d/157VRcVkXI23mSuuQ19AO0XfDKn0Tmi5E3d34SkSyT24/copy?usp=sharing

Page: 4

7. Attend IEP meetings as needed to explain service delivery, results of evaluations, and development of IEPs.

8. Provide services required for interventions and/or those listed on the student’s IEP.

9. Provide consultation and training to other staff members working with students.

10. Attend other meetings as required by JCPS.

11. Verify the licensing and credentials of each of its service providers assigned to work with JCPS.

12. Service providers must have a current driver’s license and personal transportation.

13. Agency must follow state requirements and comply with the NC Department of Public Instruction (DPI) Guidelines for Visually Impaired Services in Schools.

Vendors Experience

The written proposal must include a summary of the Vendor’s demonstrated experience and success in supplying school systems with highly qualified contract VI Teachers. Provide contact information for at least three (3) references from Schools/Districts. Schools/Districts in North Carolina are preferred. References should include the name of the contact persons, school/district name, telephone number and email address. The references must be provided for similar projects recently completed in the past three (3) years.

The Vendor(s) must show evidence of its technical capability in the services identified in this RFP. The Vendor(s) shall also be knowledgeable concerning all applicable federal, state, and local laws, regulations, and ordinances. Work shall be done in conformance with current professional practices in the State of North Carolina

Page: 5

EXECUTION

In compliance with this Request for Proposal, and subject to all the conditions herein, the undersigned offers and agrees to furnish and deliver any or services which prices are bid, at the prices set opposite each within the time specified herein.

By executing this bid, I certify that this bid is submitted competitively and without collusion (G.S. 143-54), that none of our officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that we are not an ineligible vendor as set forth in G.S. 143-59.1. False certification is a Class I felony.

This submission is an attestation that the entity providing this response is in compliance with state and federal conflicts of interest laws, including N.C.G.S. 14-234. Specifically, the entity attests that it is not owned by a Johnston County Board of Education member or the spouse of a JCBOE Board member with more than a 10% ownership interest or other interest in the entity such that, if selected, the entity would be a party to the contract, derive any income or commission directly from the contract, or acquire property under the contract.

Failure to execute/sign bid prior to submission shall render bid invalid. Late bids are not acceptable

BIDDER: FEDERAL ID OR SOCIAL SECURITY NO.

STREET ADDRESS: P.O. BOX: ZIP:

CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO

(800)

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE

HAS YOUR COMPANY BEEN DEBARRED, SUSPENDED EXCLUDED OR INELIGIBLE FROM DOING BUSINESS WITH EITHER THE STATE OR

FEDERAL GOVERNMENT? YES________ NO_________

TYPE OR PRINT NAME & TITLE OF PERSON SIGNING: FAX NUMBER:

AUTHORIZED SIGNATURE: DATE: E-MAIL:

Page: 6

In an effort to support the sustainability efforts of the State of North Carolina we solicit your cooperation in this effort.

It is desirable that all responses meet the following requirements:

● All copies are printed double sided.

● All submittals and copies are printed on recycled paper with a minimum post-consumer content of 30% and indicate this information accordingly on the response.

● Unless absolutely necessary, all bids and copies should minimize or eliminate use of non-recyclable or non-reusable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Three-ringed binders, glued materials, paper clips, and staples are acceptable.

● Materials should be submitted in a format which allows for easy removal and recycling of paper materials

HAND DELIVERY: An original bid document/proposal and a digital copy on a USB. Bids should be completely sealed, address envelope, and include bid number. Hand deliver to Johnston County Public Schools Purchasing Department located in the Simpson’s Building at 2320 US HWY 70 Business East, Smithfield, NC 27577 RFP No.

200-VISUAL-04072025-CR, no later than 10:30A.M. on Monday, April 7, 2025. Bids must be delivered between Monday

- Thursday from the hours of 8:00am - 4:30pm and Fridays 8:00am - 4:00pm. JCPS is closed on the weekends.

MAILING INSTRUCTIONS: Mail one original executed bid document/proposal and a digital copy on a USB. Bids should be completely sealed, address envelope, and include bid number as shown below to Johnston County Public Schools Purchasing Department located in the Simpson’s Building at 2320 US HWY 70 Business East, Smithfield, NC 27577 RFP No. 200-VISUAL-04072025-CR, Attn: Purchasing Department, no later than 10:30A.M. on Monday, April 7, 2025 at which time they will be publicly opened. USPS mail is automatically routed to our PO Box which creates issues for large packages, do NOT use this method to send proposals.

Bidders are welcome to attend the bid opening but bidder presence is not required and no weight or other consideration toward any award decision will be given to any bidder’s attendance or absence at the bid opening. The time/date recorder located at JCPS Simpson’s Building at 2320 US HWY 70 Business East, Smithfield, NC 27577 will be used to record the official time of receipt. The outside of the sealed envelope or package shall be marked RFP No.

200-VISUAL-04072025-CR and include Vendor Name. It is the responsibility of the bidder to have the bid in this office by the specified time and date of opening.

BIDS CANNOT BE COMBINED WITH OTHER BIDS. EACH BID MUST BE IN ITS OWN SEALED PACKAGE AND

SHOULD NOT BE COMBINED TO RESPOND TO MORE THAN ONE REQUEST FOR PROPOSALS.

DELIVER TO:

Johnston County Public Schools Simpson Building

Bid for Visual Impairment Services Bid No. 200-VISUAL-04072025-CR

Attn: Purchasing Department 2320 US HWY 70 Business East

Smithfield, NC 27577

RFP Number and VENDOR NAME MUST BE

INDICATED

ON THE OUTER SHIPPING

PACKAGE/CONTAINER/ENVELOPE

Page: 7

AWARD CRITERIA: As provided by statute, award will be based on the lowest and best bid most advantages to Johnston County Public Schools as determined by consideration of:

1. Responsiveness to Request (Contract TVI Qualifications) (22%)

2. Vendor Experience (22%)

3. General reputation and performance capabilities of the bidder (22%)

4. Expense Proposal (34%).

The right is reserved to award this contract to a single overall bidder for all services, or to make awards on the basis of individual services, whichever shall be considered to be most advantageous or to constitute its best interest. Bidders should show hourly prices.

BID EVALUATION: Bids are requested on the services as hereinafter specified. Johnston County Public School reserves the right to reject any bid on the basis of need and specifications not met that are requested in this Request for Proposals as well as costs. Bidder(s) are cautioned that any/all information furnished or not furnished on this bid may be used as a factor in determining the award of this contract.

An evaluation team will review the proposals using the following Award Criteria on this page and make a recommendation.

Please do not contact any JCPS staff member other than the designated department email address, Purchasing Department by email only, purchasing@johnston.k12.nc.us, regarding the project contemplated under this RFP while the RFP is open to receiving bids. Once the deadline for bids has passed and bids have been opened please refrain from contacting JCPS in regards to making corrections, clarifications, or alterations to the bids submitted. JCPS will only take into consideration the bids submitted on or before the set date and time and no changes will be accepted.

Johnston County Public Schools reserves the right to reject any and all proposals and discontinue the RFP process without obligation or liability to any potential vendor.

Johnston County Public Schools reserves the right to select the proposal(s) which in its sole judgment best meet the news, services and cost of JCPS.

Johnston County Public Schools reserves the right to accept or reject any one or more items of the proposal and/or waive any irregularities or informalities in any proposal or in the proposal process.

Johnston County Public Schools reserves the right to award more than one contract to one or more bidders if it is in the best interest of Johnston County Public Schools.

Johnston County Public Schools will make decisions regarding evaluation of the proposal. JCPS also reserves the right to judge and determine whether a request is compliant and has satisfactorily met the requirements of the RFP.

DEVIATIONS: Any deviations from specifications and requirements herein must be clearly pointed out by the bidder in BLUE ink. Otherwise it will be considered that items offered are in strict compliance with these specifications and requirements, and successful bidder will be held responsible therefore. Deviations must be explained in detail on an attached sheet in BLUE ink. However, no implication is made that deviations will be acceptable. Bidder is advised that the response (or lack thereof) on this question does not take precedence over specific responses or non-responses provided elsewhere in this bid.

Page: 8

Expense Proposal

An expense proposal shall be completed. The expense proposal must clearly list all costs or charges to be paid by JCPS in connection with hiring contract teachers (visual impairment), to work with students with disabilities (in the school setting), through your agency. Here is a template that should be used to ensure all needed information is made available within your proposal.

Expense Proposal - TVI

1.Hourly Pay Rate per TVI service provider Candidate $____________________

2. Potential monthly cost per TVI employee $____________________

3. Potential number of staff available ____________________

4. Potential annual cost per TVI (#2 Times 10 months) $____________________

Expense Proposal - O&M

1.Hourly Pay Rate per O&M service provider Candidate $____________________

2. Potential monthly cost per O&M employee $____________________

3. Potential annual cost per O&M (#2 Times 10 months) $____________________

PLEASE PROVIDE COMPLETE DESCRIPTIONS OF SERVICES TO ENSURE IT ALIGNS WITH

JCPS NEEDS. JOHNSTON COUNTY PUBLIC SCHOOLS RESERVES THE RIGHT TO

DETERMINE IF BIDDER’S OFFER IS ACCEPTABLE.

ALL CHARGES, SALES TAX OR ANY OTHER FEES MUST BE INCLUDED IN BID PRICE. IT IS

UNDERSTOOD THAT THE PRICES QUOTED HEREIN THAT DO NOT EXPLICITLY STATE ANY

OF THE ABOVE IS THE BIDDERS FULL AND COMPLETE RESPONSE TO THIS REQUEST FOR

PROPOSALS AND WILL BE BOUND BY PRICE QUOTED.

JOHNSTON COUNTY PUBLIC SCHOOLS WILL NOT BE RESPONSIBLE FOR ADDITIONAL

CHARGES NOT STATED IN QUOTE PROVIDED IN RESPONSE TO THIS REQUEST FOR

PROPOSALS.

https://docs.google.com/document/d/1GRTf4C1nv_9R2VhuqpuxhgJ7g3aPvoRAVgCNOb-Lapo/copy?tab=t.0

Page: 9

TERMS AND CONDITIONS

1. READ, REVIEW AND COMPLY: It shall be the bidder’s responsibility to read this entire document, review all enclosures and attachments, and comply with all requirements specified herein.

663059712. NOTICE TO BIDDERS: All bids are subject to the provisions of special terms and conditions specific to this Request for Proposal, the specifications. Johnston County Public Schools (“JCPS”) objects to and will not evaluate or consider any additional terms and conditions submitted with a bidder response. This applies to any language appearing in or attached to the document as part of the bidder’s response. DO NOT ATTACH ANY ADDITIONAL TERMS AND CONDITIONS.

By execution and delivery of this document, the bidder agrees that any additional terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect.

663059713. DEFINITIONS:

∙ BIDDER: Company, firm, corporation, partnership, individual, etc., submitting a response to a Request for Proposal.

∙ TERM CONTRACT: A contract generally intended to cover all normal requirements for a commodity for a specified period of time based on estimated quantities only.

∙ OPEN MARKET CONTRACT: A contract for the purchase of a commodity not covered by a term contract.

663059714. EXECUTION: Failure to sign under EXECUTION section will render the bid invalid.

663059715. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this bid, the order of precedence shall be (1) special terms and conditions specific to this bid, (2) specifications, and (3) Instructions to Bidders.

663059716. TIME FOR CONSIDERATION: Unless otherwise indicated on the first page of this document, the bidder's offer shall be valid for 45 days from the date of bid opening. Preference may be given to bids allowing not less than 45 days for consideration and acceptance.

663059717. SPECIFICATIONS: Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and the bidder will be held responsible therefore.

Deviations shall be explained in detail. The bidder shall not construe this paragraph as inviting deviation or implying that any deviation will be acceptable.

663059718. INFORMATION AND DESCRIPTIVE LITERATURE: Bidder is to furnish all information requested and in the spaces provided in this document. Further, if required elsewhere in this bid, each bidder must submit with their bid descriptive literature and/or complete specifications covering the products offered. Reference to literature submitted with a previous bid will not satisfy this provision. Bids which do not comply with these requirements will be subject to rejection.

663059719. RECYCLING AND SOURCE REDUCTION: It is the policy of JCPS to encourage and promote the purchase of products with recycled content to the extent economically practicable, and to purchase items which are reusable, refillable, repairable, more durable, and less toxic to the extent that the purchase or use is practicable and cost-effective.

We also encourage and promote using minimal packaging and the use of recycled/recyclable products in the packaging of commodities purchased. However, no sacrifice in quality of packaging will be acceptable. The company remains responsible for providing packaging that will protect the commodity and contain it for its intended use.

Companies are strongly urged to bring to the attention of JCPS which issued the solicitation document, those products or packaging they offer which have recycled content and that are recyclable.

663059720. CLARIFICATIONS/INTERPRETATIONS: Any and all questions regarding this document must be addressed to the purchaser named on the cover sheet of this document. Do not contact the school or department directly. Any and all revisions to this document shall be made only by written addendum from JCPS Purchasing Department. The bidder is cautioned that the requirements of this bid can be altered only by written addendum and that verbal communications from whatever source are of no effect.

663059721. ACCEPTANCE AND REJECTION: JCPS reserves the right to reject any and all bids, to waive any informality in bids and, unless otherwise specified by the bidder, to accept any item in the bid. If either a unit price or extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded.

663059722. REFERENCES: JCPS reserves the right to require a list of users of the exact item offered. JCPS may contact these users to determine acceptability of the bid. Such information may be considered in the evaluation of the bid.

663059723. AWARD OF CONTRACT: As directed by statute, qualified bids will be evaluated and acceptance may be made of the lowest and best bid most advantageous to JCPS as determined upon consideration of such factors as: prices offered; the quality of the articles offered; the general reputation and performance capabilities of the bidders; the substantial conformity with the specifications and other conditions set forth in the bid; the suitability of the articles for the intended use; the related services

Page: 10 needed; the date or dates of delivery and performance; and such other factors deemed by JCPS to be pertinent or peculiar to the purchase in question. Unless otherwise specified by JCPS or the bidder, JCPS reserves the right to accept any item or group of items on a multi-item bid. JCPS also reserves the right to reject any and all bids. In addition, on TERM CONTRACTS, JCPS reserves the right to make partial, progressive or multiple awards: where it is advantageous to award separately by items; or where more than one supplier is needed to provide the contemplated requirements as to quantity, quality, delivery, service, geographical areas; other factors deemed by JCPS to be pertinent or peculiar to the purchase in question.

663059724. HISTORICALLY UNDERUTILIZED BUSINESSES: JCPS invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled.

663059725. CONFIDENTIAL INFORMATION: As provided by statute and rule, JCPS will consider keeping trade secrets which the bidder does not wish disclosed confidential. Each page shall be identified in boldface at the top and bottom as “CONFIDENTIAL” by the bidder. Cost information shall not be deemed confidential. In spite of what is labeled as a trade secret, the determination whether it is or not will be determined by North Carolina law.

663059726. SAMPLES: Sample of items, when required, must be furnished as stipulated herein, free of expense, and if not destroyed will, upon request be returned at the bidder’s expense. Request for the return of samples must be made within 10 days following date of bid opening. Otherwise the samples will become JCPS property. Each individual sample must be labeled with the bidder’s name, bid number, and item number. A sample on which an award is made, will be retained until the contract is completed, and then returned, if requested, as specified above.

663059727. AWARD PROCEDURES: Contract award notice shall be posted on JCPS website. Contract award notices are sent only to those actually awarded contracts, and not to every person or firm responding to this solicitation.

663059728. ANTI-NEPOTISM: The Bidder warrants that, to the best of its knowledge and in the exercise of due diligence, none of its corporate officers, directors, or trustees and none of its employees who will directly provide services under this Contract are immediate family members of any member of the Johnston County Public Schools Board of Education or of any principal or central office staff administrator employed by the Owner. For purposes of this provision, “immediate family” means spouse, parent, child, brother, sister, grandparent, or grandchild, and includes step, half, and in-law relationships. Should the Bidder become aware of any family relationship covered by this provision or should such a family relationship arise at any time during the term of this Contract, the Bidder shall immediately disclose the family relationship in writing to JCPS. Unless formally waived by JCPS, the existence of a family relationship covered by this Contract is grounds for immediate termination by JCPS without further financial liability to the Bidder.

663059729. DEFAULT AND PERFORMANCE BOND: In case of default by the Bidder, JCPS may procure the articles or services from other sources and hold the Bidder responsible for any excess cost occasioned thereby. JCPS reserves the right to require performance bond or other acceptable alternative guarantees from successful bidder without expense to JCPS.

663059730. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the items offered prior to their delivery, it shall be the responsibility of the Bidder to notify in writing JCPS, indicating the specific regulation which required such alterations. JCPS reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

663059731. TAXES: Any applicable taxes shall be included. G.S. 143-59.1 bars the JCPS from entering into contracts with vendors if the vendor or its affiliates meet one of the conditions of G. S. 105-164.8(b) and refuse to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G. S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the vendor and (3) Systematic exploitation of the market by media-assisted, media-facilitated, or media-solicited means. By execution of the bid document the vendor certifies that it and all of its affiliates (if it has affiliates) collect(s) the appropriate taxes.

663059732. SITUS: The place of this contract, its situs and forum, shall be Johnston County, North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined.

663059733. GOVERNING LAWS: This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina.

663059734. INSPECTION AT BIDDER’S SITE: JCPS reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a Bidder prior to contract award, and during the contract term as necessary for JCPS determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the contract.

663059735. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, whichever is later. Payment may be made by procurement card and it shall be accepted by the Bidder for payment if the Bidder accepts that card (Visa, Mastercard, etc.) or check from other customers.

Page: 11

663059736. CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it is understood and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition. All containers/packaging shall be suitable for handling, storage or shipment.

663059737. STANDARDS: All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization; such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers’ Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution.

663059738. PATENT: The Bidder shall hold and save JCPS, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, on account of any confidential information, copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this contract, including use by JCPS or disclosure of any information pursuant to the NC Public Records Act.

663059739. ASSIGNMENT: No assignment of the Bidder’s obligations nor the Bidder’s right to receive payment hereunder shall be permitted.

However, upon written request approved by the purchasing department and solely as a convenience to the Bidder, JCPS may:

a. Forward the Bidder’s payment check directly to any person or entity designated by the Bidder, and

b. Include any person or entity designated by Bidder as a joint payee on the Bidder’s payment check.

In no event shall such approval and action obligate JCPS to anyone other than the Bidder and the Bidder shall remain responsible for fulfillment of all contract obligations.

663059740. INSURANCE:

a. Worker's Compensation including Occupational Disease and Employer's Liability Insurance. Statutory - Amount and coverage as required by State of North Carolina Workers Compensation laws. Employer's Liability - At least

Part A Bodily Injury Statutory Limits Part B By Accident $500,000 each accident By Disease $500,000 policy limit $500,000 each employee

b. Public liability and Property Damage Insurance - The Bidder shall procure insurance coverage for direct operations, contractual liability and completed operations with limits not less than those stated below:

Occurrence:

General Aggregate $2,000,000 Premises Operations $1,000,000 Personal & Advertising Injury $1,000,000

c. Comprehensive Automobile Liability Insurance, including coverage for owned, hired and non-owned vehicles: A

Combined Single Limit for bodily injury and property damage limit of not less than $1,000,000; and $2,000 medical payments.

d. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work.

These Certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days' prior written notice has been given to the Owner, and that the Johnston County Public Schools Board of Education is listed as additional insured on general liability.

The successful bidder agrees to hold harmless and indemnify the JCPS Board of Education for any liability that may arise from the negligent or illegal acts of the bidder’s employees or agents.

663059741. GENERAL INDEMNITY: The Bidder shall hold and save JCPS, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses, accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Bidder in the performance of this contract and that are attributable to the negligence or intentionally tortious acts of the Bidder. The Bidder represents and warrants that it shall make no claim of any kind or nature against JCPS agents who are involved in the delivery or processing of Bidder goods to JCPS. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract.

Page: 12

663059742. CANCELLATION (TERM CONTRACTS ONLY): All contract obligations shall prevail for at least 180 days after the effective date of the contract. After that period, in addition to the provisions of the paragraph entitled Price Adjustments, for the protection of both parties, this contract may be canceled in whole or in part by either party by giving 30 days prior notice in writing to the other party.

663059743. QUANTITIES (TERM CONTRACTS ONLY): The award of a term contract neither implies nor guarantees any minimum or maximum purchases there under.

663059744. PRICE ADJUSTMENTS (TERM CONTRACTS ONLY): Any price changes, downward or upward, which might be permitted during the contract period must be general, either by reason of market change or on the part of the Bidder to other customers.

a. Notification: Must be given to JCPS, in writing, concerning any proposed price adjustments. Such notification shall be accompanied by a copy of the manufacturer's official notice or other acceptable evidence that the change is general in nature.

b. Decreases: JCPS shall receive full proportionate benefit immediately at any time during the contract period.

c. Increases: All prices shall be firm against any increase for 180 days from the effective date of the contract. After this period, a request for increase may be submitted with JCPS reserving the right to accept or reject the increase, or cancel the contract.

Such action by JCPS shall occur not later than 15 days after the receipt by JCPS of a properly documented request for price increase. Any increases accepted shall become effective not later than 30 days after the expiration of the original 15 days reserved to evaluate the request for increase.

663059745. INVOICES: It is understood and agreed that orders will be shipped at the established contract prices in effect on dates orders are placed. Invoicing at variance with this provision will subject the contract to cancellation. Applicable North Carolina sales tax shall be invoiced as a separate item.

663059746. LUNSFORD ACT/CRIMINAL BACKGROUND CHECKS: The Bidder shall conduct at its own expense sexual offender registry checks on each of its employees, agents, ownership personnel, or contractors (“contractual personnel”) who will engage in any service on or delivery of goods to school system property or at a school-system sponsored event. The checks shall include at a minimum checks of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry (“the Registries”). For the Bidder’s convenience only, all of the required registry checks may be completed at no cost by accessing the North Carolina Sex Offender Registry website at http://sexoffender.ncdoj.gov/. The Bidder shall provide certification on Sexual Offender Registry Check Certification Form that the registry checks were conducted on each of its contractual personnel providing services or delivering goods under this Contract prior to the commencement of such services or the delivery of such goods. The Bidder shall conduct a current initial check of the registries (a check done more than 30 days prior to the date of this Contract shall not satisfy this contractual obligation). In addition, Bidder agrees to conduct the registry checks and provide a supplemental certification form before any additional contractual personnel are used to deliver goods or provide services pursuant to this Contract. Bidder further agrees to conduct annual registry checks of all contractual personnel and provide annual certifications at each anniversary date of this Contract. Bidder shall not assign any individual to deliver goods or provide services pursuant to this Contract if said individual appears on any of the listed registries. Bidder agrees that it will maintain all records and documents necessary to demonstrate that it has conducted a thorough check of the registries as to each contractual personnel, and agrees to provide such records and documents to the school system upon request. Bidder specifically acknowledges that the school system retains the right to audit these records to ensure compliance with this section at any time at the school system’s sole discretion. Failure to comply with the terms of this provision shall be grounds for immediate termination of the Contract. In addition, the school system may conduct additional criminal records checks at Bidder’s expense. If the school system exercises this right to conduct additional criminal records checks, Bidder agrees to provide within seven (7) days of request the full name, date of birth, state of residency for the past ten years, and any additional information requested by the school system for all contractual personnel who may deliver goods or perform services under this Contract. Bidder further agrees that it has an ongoing obligation to provide the school system with the name of any new contractual personnel who may deliver goods or provide services under the Contract. JCPS reserves the right to prohibit any contractual personnel of Bidder from delivering goods or providing services under this Contract if JCPS determines, in its sole discretion, that such contractual personnel may pose a threat to the safety or well-being of students, school personnel or others.

663059747. ACCESS TO PERSONS AND RECORDS: JCPS auditors shall have access to any records as a result of this bid or the Contract. JCPS may audit the records of the Bidder during the term of the Contract to verify accounts and data affecting fees or performance.

663059748. COMPLIANCE WITH E-VERIFY: Bidder shall comply with all applicable laws and regulations in providing services under this Contract. In particular, Bidder shall not employ any individuals to provide services to the School System who are not authorized by federal law to work in the United States. Bidder represents and warrants that it is aware of and in compliance with the Immigration Reform and Control Act and North Carolina law (Article 2 of Chapter 64 of the North Carolina General Statutes) requiring use of the E-Verify system for employers who employ twenty-five (25) or more employees and that it is and will remain in compliance with these laws at all times while providing services pursuant to this Contract. Bidder shall also ensure that any of its subcontractors (of any tier) will remain in compliance with these laws at all times while providing subcontracted services in connection with this Contract.

Page: 13

663059749. COMPLIANCE WITH AFFORDABLE CARE ACT: Bidder is responsible for providing affordable health care coverage to all of its full-time employees providing services to the School System. The definitions of “affordable coverage” and “full-time employee” are governed by the Affordable Care Act and accompanying IRS and Treasury Department regulations.

663059750. RESTRICTED COMPANIES LIST: Bidder certifies that as of the date of this Contract, Bidder is not included on the Final Divestment List created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. § 147-86.58. Bidder also represents that as of the date of this Contract, Bidder is not included on the list of restricted companies determined to be engaged in a boycott of Israel created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. § 147-86.81.

Federally Required Clauses

Remedies for Breach: Contracts exceeding the Simplified Acquisition Threshold ($250,000) must address administrative, contractual, or legal remedies where contractors violate or breach contract terms.

Termination for Cause/Convenience: Contracts in excess of $10,000 must address ability of non-Federal entity to terminate (1) for cause, and (2) for convenience (i.e., for any reason).

Equal Opportunity Clause: “Federally assisted construction contracts” (41 C.F.R. 60-1.3) must include the Equal Opportunity Clause specified at 41 C.F.R. Part 60-1.4(b).

Davis-Bacon Act: “Where required by Federal program legislation”, all prime construction contracts” in excess of $2,000 must require compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144; 3146-3148) and implementing regulations.

Generally, the Act requires payment of “prevailing wages” specified in Department of Labor guidance and payment no less than once per week.

Copeland Anti-Kickback Act: All prime construction contracts in excess of $2,000 include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), which generally prohibits contractors from inducing any person involved in construction to give up any compensation to which they are entitled.

Contract Work Hours and Safety Standards Act: Requires computing wages of mechanics and laborers used in construction work on basis of 40-hour work week and 1.5x pay overtime wages. Prohibits requiring laborers and mechanics from working in unsanitary, hazardous, or dangerous settings.

Rights to Inventions Made Under a Contract or Agreement: Requires non-Federal entity to comply with 37 C.F.R. Part 401 (implementing provisions of Bayh-Dole Act), which governs rights to certain intellectual property developed with the proceeds of federal funding.

Clean Air Act and Federal Water Pollution Control Act: Contracts and subawards in excess of $150,000 must contain a provision requiring non-Federal award to agree to comply with all standards, orders, or regulations issued pursuant to the Clean Air Act and Federal Water.

Suspension and Debarment: Contracts cannot be awarded to exclude parties. Contractor should certify that contractor, principals, or affiliates are excluded or disqualified. Contractor should agree to flow down requirements to covered transactions.

Byrd Anti-Lobbying Amendment: Contractors that apply or bid on contracts exceeding $100,000 must file with the recipient or subrecipient the certification found at 31 C.F.R. Part 21, Appendix A (Certification Regarding Lobbying).

Separately, all contractors must certify to the tier above that it will not and has not used Federal appropriate funds to lobby (as further defined in the clause).

Procurement of Recovered Materials: Requires contractors to comply with Section 6002 of Solid Waste Disposal Act, which generally requires procuring only items designated by EPA at 40 CFR Part247 as containing “highest percentage of recovered materials practicable” where the cost of a purchase exceeds $10,000.

Page: 14

Huawei / ZTE Ban (“Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment”):

Prohibits recipients or subrecipients from obligating grant funds to:

(1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend a renew a contract) to procure or obtain…

Equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential part of any system, or as critical technology of any system.

“Covered telecommunications equipment or services” includes items produced by certain Chinese manufacturers specified in 2 C.F.R. 200.216.

Domestic Preferences Clause: 2 C.F.R. 200.322 states that “as appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provided a preference for the purchase, acquisition, or use of goods, products, materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).”

Page: 15

JCPS Purchasing Department Ethics Policy and Standards of Conduct

All purchasing department employees conducting business transactions on the behalf of the Johnston County Public Schools hold positions of public trust which dictates that their actions be governed by the highest standards of personal and business conduct. Each employee must exhibit the highest standards of honesty, integrity, and fairness when engaging in any activity concerning the school system, particularly in relationships with vendors, suppliers, the public and other employees.

Employees shall perform their jobs in a competent and ethical manner without violating the public trust or applicable law, policies, and regulations.

Conflict of Interest:

The following acts are deemed by state law and/or the Board of Education to be in conflict with the interests of the Johnston County Public Schools.

1. An employee shall not, for personal financial gain, solicit or sell or have any pecuniary (financial) interest in the supplying of any goods, wares, merchandise materials, supplies, services, or equipment to the Johnston County Public Schools System. Approved extended employment shall not be a violation of this.

2. An employee shall not, for personal financial gain, solicit or sell or have any pecuniary (financial) interest in the sale of any goods, wares, merchandise, materials, supplies, equipment, or services to students or employees of this school system at school, on school premises, or any Johnston County Public Schools facility.

3. An employee shall not act as an agent for any manufacturer, merchant, dealer, publisher, or author seeking to sell any goods, wares, merchandise,…