200-VOCATS-05242024-CR.pdf

Page: 1 BID No. 200-VOCATS-05242024-CR BIDDER:

Johnston County Public Schools

REQUEST FOR PROPOSALS NO.

200-VOCATS-05242024-CR

Exceptional Children’s Department

Vocational Training Services

Bids will be publicly opened:

JCPS WEST CAMPUS - EC DEPARTMENT,

211 East Rose Street, Smithfield, NC 27577 Friday, May 24, 2024 at 9:30am

Refer ALL Inquiries to:

Christina Robinson

Interim Executive Director of Exceptional Children

Telephone No: 919-934-7325 Ext. 1018

Contract Type: Leave Blank

Commodity: Leave Blank

E-Mail:

christinarobinson@johnston.k12.nc.us

Using Agency Name:

Johnston County Public Schools

(See page 7 for hand delivery and mailing instructions.)

BACKGROUND

Johnston County Public Schools (JCPS) is seeking proposals for a service contract(s) for Vocational Training Services, to include a minimum of six (6) full-time job coaches to provide community-based vocational training to Occupational Course of Study (“OCS”) and Extended Content Standards (Life Skills) students in the Johnston County Public Schools. The specific duties and responsibilities of the job coaches will include the following:

a. Provide training, including, but not limited to, in-house vocational and academic training, to juniors and seniors who qualify for services in the Exceptional Children’s Program in the Johnston County Schools and who are referred by school personnel and/or other agencies, including, but not limited to, the Division of Vocational Rehabilitation, YES I CAN youth program, the Department of Social Services Adolescent Parenting Program, etc.

Training includes, but is not limited to, the following: orientation to students regarding business policies and procedures prior to training and/or employment; assessment of students’ work potential and interests; matching students with appropriate community based training and employment sites; and scheduling student participation in work experience.

b. Complete required OCS/Life Skills paperwork according to policies set forth by the JCPS Transition Coordinator. This includes, but is not limited to, keeping documentation of service delivery of all program components, providing completed timesheets and grade sheets to OCS teachers, and providing copies of end-of-year Program Evaluation data to the Transition Coordinator.

c. Assist school personnel with maintenance of forms for student portfolios.

d. Provide copies of evaluations, individual rehabilitation plans, and staffing reports to referral agencies and school personnel, as appropriate and/or as requested by the Board.

e. Maintain communication with the Transition Coordinator and designated school personnel at each area high school and participate, by invitation, in IEP, transition and other scheduled meetings for OCS/Life Skills students.

f. Work collaboratively with referral agencies, including, but not limited to, the Division of Vocational Rehabilitation, YES I CAN youth program, Department of Social Services Adolescent Parenting Program.

g. Attend and assist with training, as appropriate, as scheduled by the JCPS Transition Coordinator.

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h. Supervise students at community-based job sites, document student hours at community-based job sites and evaluate student performance at the sites. Job coaches will observe each student at his/her site at least one time each grading period. Job coaches will be available to consult with the student’s employer and to supply assistance with student problems in an attempt to create a successful work experience for each student.

i. Assist students with job searches.

j. Assist with developing individual competitive employment placements.

k. Attempt to resolve complaints with all parties concerned, with the authority to request withdrawal of a student when necessary, subject to the approval of the JCPS Transition Coordinator. Complete JCPS warning/suspension notice for community-based instruction and provide notice to the teacher as quickly as possible.

l. Enforce student compliance with workplace and school policies and rules, including, but not limited to, dress code.

m. Aid in the identification and development of possible job training/placement sites with available entry-level jobs in the local business community, using the needs, skills, and preferences of students and provide orientation to businesses regarding community-based training, employment and expected student outcomes.

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NOTICE TO BIDDERS

All bids are required to be SEALED and sent in either by hand delivery or mail, and received by Johnston County Public Schools Exceptional Children’s Department, JCPS West Campus, 211 East Rose Street Smithfield, NC 27577 RFP No.

200-VOCATS-05242024-CR Attn: Christina Robinson no later than Friday, May 24, 2024 by 9:30AM (local time). All replies must reference RFP No. 200-VOCATS-05242024-CR and include Vendor Name.

NOTE: RFP No. 200-VOCATS-05242024-CR and Vendor Name, must be present and visible and clearly labeled on the outer shipping envelope/package/container otherwise the bid may be rejected. Refer to page 7 for proper mailing instructions and hand delivery instructions. Bids cannot be combined with other bids. A bid should be identified by project by bid number on the outside of the package.

Bids submitted via facsimile (FAX) machine 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 Christina Robinson at christinarobinson@johnston.k12.nc.us subject line must reference QUESTIONS RFP No.

200-VOCATS-05242024-CR by May 16, 2024

Responses to these questions will be provided no later than May 17, 2024 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 JCPS May 14, 2024

Submit Written Questions to Christina Robinson, christinarobinson@johnston.k12.nc.us

Vendor May 16, 2024

Provide Responses to Questions at this Link

JCPS May 17, 2024

Submit Bids Vendor May 24, 2024 by 9:30am

Bid Opening JCPS All sealed bids will be publicly opened on May 24, 2024 at 9:30am

* Historically Underutilized Businesses are encouraged to bid mailto:christinarobinson@johnston.k12.nc.us https://docs.google.com/document/d/1VICPVsN5m3KKXEkoDCZQzQ_PxHRSQocB3sP89G9GRuk/edit?usp=sharing mailto:christinarobinson@johnston.k12.nc.us https://docs.google.com/document/d/1VICPVsN5m3KKXEkoDCZQzQ_PxHRSQocB3sP89G9GRuk/edit?usp=sharing

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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, 2024 - June 30, 2025. 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 students enrolled in the Occupational Course of

Study and Extended Content Standards classes including PRE-ETS training, job coaching and referrals to

Vocational Rehab services.

Address the letter to JCPS Interim Executive Director Of Exceptional Children Christina Robinson

Responsiveness to JCPS Request

Please elaborate on your answers to the questions below:

1. How long has your organization provided Vocational Training Services to high school students?

2. How many staff members are you able to provide to meet the Vocational Training needs in Johnston County

Public Schools?

3. What is your experience teaching PRE-ETS?

4. What is your experience seeking out business and other job opportunities for students to earn their hours as required through the Occupational Course of Study program?

The specific duties and responsibilities of the job coaches will include the following:

Please also elaborate on your companies capability of providing the following:

a. Provide training, including, but not limited to, in-house vocational and academic training, to juniors and seniors who qualify for services in the Exceptional Children’s Program in the Johnston County Schools and who are referred by school personnel and/or other agencies, including, but not limited to, the Division of Vocational Rehabilitation, YES I CAN youth program, the Department of Social Services Adolescent Parenting Program, etc.

Training includes, but is not limited to, the following: orientation to students regarding business policies and procedures prior to training and/or employment; assessment of students’ work potential and interests; matching students with appropriate community based training and employment sites; and scheduling student participation in work experience.

Page: 5

b. Complete required OCS/Life Skills paperwork according to policies set forth by the JCPS Transition Coordinator. This includes, but is not limited to, keeping documentation of service delivery of all program components, providing completed timesheets and grade sheets to OCS teachers, and providing copies of end-of-year Program Evaluation data to the Transition Coordinator.

c. Assist school personnel with maintenance of forms for student portfolios.

d. Provide copies of evaluations, individual rehabilitation plans, and staffing reports to referral agencies and school personnel, as appropriate and/or as requested by the Board.

e. Maintain communication with the Transition Coordinator and designated school personnel at each area high school and participate, by invitation, in IEP, transition and other scheduled meetings for OCS/Life Skills students.

f. Work collaboratively with referral agencies, including, but not limited to, the Division of Vocational Rehabilitation, YES I CAN youth program, Department of Social Services Adolescent Parenting Program.

g. Attend and assist with training, as appropriate, as scheduled by the JCPS Transition Coordinator.

h. Supervise students at community-based job sites, document student hours at community-based job sites and evaluate student performance at the sites. Job coaches will observe each student at his/her site at least one time each grading period. Job coaches will be available to consult with the student’s employer and to supply assistance with student problems in an attempt to create a successful work experience for each student.

i. Assist students with job searches.

j. Assist with developing individual competitive employment placements.

k. Attempt to resolve complaints with all parties concerned, with the authority to request withdrawal of a student when necessary, subject to the approval of the JCPS Transition Coordinator. Complete JCPS warning/suspension notice for community-based instruction and provide notice to the teacher as quickly as possible.

l. Enforce student compliance with workplace and school policies and rules, including, but not limited to, dress code.

m. Aid in the identification and development of possible job training/placement sites with available entry-level jobs in the local business community, using the needs, skills, and preferences of students and provide orientation to businesses regarding community-based training, employment and expected student outcomes.

Vendors Experience:

Bidder Proposal must include background information on the company and provide detailed information regarding the company’s experience with similar contracts. Provide a list of all similar contracts performed in the past three (3) years, accompanied by at least three (3) references (contact persons, company, telephone number and email address). The references must be provided for similar projects recently completed in the past three (3) years. It shall include the firm/agency name, address, telephone number, project title, and contact person.

Qualifications:

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.

Expense Proposal

An expense proposal shall be completed as followed on page 7. The expense proposal must clearly list all costs or charges to be paid by JCPS in connection with Vocational Training Services as described in this RFP.

EXECUTION

Page: 6

In compliance with this Invitation for Bids, and subject to all the conditions herein, the undersigned offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item 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.

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:

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

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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 should include bid number as shown below. Bids should be completely sealed, address envelope, and include bid number. Hand deliver to Johnston County Public Schools Exceptional Children Department West Campus, 211 East Rose Street Smithfield, NC 27577 RFP No.

200-VOCATS-05242024-CR, no later than 9:30A.M. on Friday, May 24, 2024 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. Bids should be completely sealed, address envelope, and include bid number as shown below to Johnston County Public Schools Exceptional Children Department West Campus, 211 East Rose Street Smithfield, NC 27577 RFP No.200-VOCATS-05242024-CR, Attn:

Christina Robinson, no later than 9:30A.M. on Friday, May 24, 2024 at which time they will be publicly opened.

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 Johnston County Public Schools Exceptional Children’s Department, West Campus, 211 East Rose Street 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-VOCATS-05242024-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.

DELIVER TO:

Johnston County Public Schools West Campus

Vocational Training Services Bid No. 200-VISUAL-05242024-CR

Attn: Christina Robinson 211 East Rose Street Smithfield, NC 27577 Bid Deadline Date:

Bid Deadline Time:

VENDOR NAME AND

BID NUMBER MUST BE INDICATED

ON THE OUTER SHIPPING

PACKAGE/CONTAINER/ENVELOPE

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:

Page: 8

1. Responsiveness to Request (22%)

2. Vendor Experience (22%)

3. Conformity with specifications herein (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 showlist hourly rates for each staff member, additional fees (to include mileage/travel; expenses for completing services outside of the typical school day), but are requested also to offer a lump sum price.

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 contact person,(Christina Robinson, christinarobinson@johnston.k12.nc.us) by email only, 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.

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Partnership/MOU Award:

The successful applicant(s) chosen by JCPS will be required to enter into a Memorandum of

Understanding (MOU) and contract to invoice JCPS for Vocational Training Services for Occupational

Course of Study (OCS) and Extended Content Standard (ECS) students in Johnston County Public

Schools.

The initial term of any agreement awarded hereunder will be through June 30, 2025. Any renewal shall be based on satisfactory performance by the Provider during the previous years for the services provided and funding availability.

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.

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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 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, 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 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: 11 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.

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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.

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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 in 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. ELECTRONIC PROCUREMENT (ONLY APPLIES TO CONTRACTS THAT INCLUDE E-PROCUREMENT AND ARE IDENTIFIED AS SUCH IN THE BODY OF THE SOLICITATION DOCUMENT): Purchasing shall be conducted through the Statewide E-Procurement Service. The State’s third party agent shall serve as the Supplier Manager for this E-Procurement Service. The Bidder shall register for the Statewide E-Procurement Service within two (2) business days of notification of award in order to receive an electronic purchase order resulting from award of this contract.

THE SUCCESSFUL BIDDER(S) SHALL PAY A TRANSACTION FEE OF 1.75% (.0175) ON THE TOTAL DOLLAR AMOUNT (EXCLUDING SALES TAXES) OF EACH PURCHASE ORDER ISSUED THROUGH THE STATEWIDE E-PROCUREMENT SERVICE This applies to all purchase orders, regardless of the quantity or dollar amount of the purchase order. The transaction

Page: 14 fee shall not be stated or included as a separate item in the proposed contract or invoice. There are no additional fees or charges to the Bidder for the services rendered by the Purchasing Director under this contract. The Bidder will receive a credit for transaction fees they paid for the purchase of any item(s) if an item(s) is returned through no fault of the Bidder. Transaction fees are non-refundable when an item is rejected and returned, or declined, due to the Bidder’s failure to perform or comply with specifications or requirements of the contract.

Bidder or its Authorized Reseller, as applicable, will be invoiced monthly for the State’s transaction fee by the Purchasing Director.

The transaction fee shall be based on purchase orders issued for the prior month. Unless the Purchasing Director receives written notice from the Bidder identifying with specificity any errors in an invoice within thirty (30) days of the receipt of invoice, such invoice shall be deemed to be correct and Bidder shall have waived its right to later dispute the accuracy and completeness of the invoice. Payment of the transaction fee by the Bidder is due to the account designated by the State within thirty (30) days after receipt of the correct invoice for the transaction fee, which includes payment of all portions of an invoice not in dispute. Within thirty (30) days of the receipt of invoice, Bidder may request in writing an extension of the invoice payment due date for that portion of the transaction fee invoice for which payment of the related goods by the governmental purchasing entity has not been received by the Bidder. If payment of the transaction fee is not received by the State within this payment period, it shall be considered a material breach of contract. The Purchasing Director shall provide, whenever reasonably requested by the Bidder in writing (including electronic documents), supporting documentation from the E-Procurement Service that accounts for the amount of the invoice.

The Purchasing Director will capture the order from the State approved user, including the shipping and payment information, and submit the order in accordance with the E-Procurement Service. Subsequently, the Purchasing Director will send those orders to the appropriate Bidder on State Contract. The State or State approved user, not the Supplier Manager, shall be responsible for the solicitation, bids received, evaluation of bids received, award of contract, and the payment for goods delivered.

Bidder agrees at all times to maintain the confidentiality of its username and password for the Statewide E-Procurement Services.

If a Bidder is a corporation, partnership or other legal entity, then the Bidder may authorize its employees to use its password.

Bidder shall be responsible for all activity and all charges by such employees. Bidder agrees not to permit a third party to use the Statewide E-Procurement Services through its account. If there is a breach of security through the Bidder’s account, Bidder shall immediately change its password and notify the Purchasing Director of the security breach by email. Bidder shall cooperate with the State and the Purchasing Director to mitigate and correct any security breach.

BIDDER IS AND SHALL REMAIN RESPONSIBLE FOR PAYING THE TRANSACTION FEE ON BEHALF OF ITS AUTHORIZED

RESELLERS IN THE EVENT THAT THE AUTHORIZED RESELLER(S) DEFAULTS.

663059749. 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.

663059750. 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.

663059751. 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.

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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…