HVAC Repairs.pdf

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Memorandum From Operations

Letter of Instruction For RFP #153.VAR.27.OPS.001

To: Prospective Parties

Thank you for your interest in the Brunswick County Schools. Please review the following instructions prior to submitting your proposal.

• All submittals must be organized and indexed according to the section number and required subject matter. The information contained in your submittal should be indexed and easily accessed by Brunswick County Schools. Brunswick County Schools is not required to seek clarification on any proposal that does not meet these minimum requirements.

• Prior to submitting and executing the proposal, please make sure you read and understand the terms and conditions referenced. All proposals are subject to the terms and conditions outlined herein. All responses will be controlled by such terms and conditions and the submission of other terms and conditions, price lists, catalogs, and/or other documents as part of an offeror’s response will be waived and have no effect either on this Request For Proposals or on any contract that may be awarded resulting from this solicitation. The attachment of any other terms and conditions by the Offeror may be grounds for rejection of that proposal. Offeror specifically agrees to the conditions set forth in the above paragraph by signature to the proposal.

• Brunswick County Schools will adhere to strict deadlines as indicated in the solicitation document and thus will not make exceptions to these dates and times.

• Please read carefully the section titled CONFIDENTIALITY AND PROHIBITED

COMMUNICATIONS DURING THE RFP PROCESS. All questions should be directed to Kem

Harmon at hark@bcswan.net.

• Offerors are cautioned that this is a request for offers, not a request to contract, and Brunswick

County Schools reserves the unqualified right to reject any and all offers when such rejection is deemed to be in the best interest of Brunswick County Schools.

• If acceptable offers are received, Brunswick County Schools intends to enter into a one- year contract with an option to renew for two consecutive years.

• In submitting a proposal, the Offeror agrees not to use the results there from as part of any news release or commercial advertising.

• Submit one (1) signed, original executed proposal responses, along with 2 photocopies and 1 electronic copy (emails not accepted) of your proposal simultaneously to the address identified below.

Clearly mark each package with: (1) Vendor name; (2) the RFP number; and (3) the due date.

Address the package(s) for delivery as shown in the table below. If Vendor is submitting more than one (1) proposal, each proposal shall be submitted in separate envelopes and marked accordingly.

For delivery purposes, separate envelopes from a single Vendor may be included in the same outer

pg. 2 package. Proposals are subject to rejection unless submitted with the information above included on the outside of the proposal package.

NOTICE TO VENDORS

Sealed Proposals, subject to the conditions made a part hereof, will be received at this office (199 Session Dr, Bolivia NC 28422) until 2:00 p.m. on the day of opening and then opened, for furnishing and delivering the commodity as described herein.

Proposals submitted via facsimile (FAX) machine in response to this Invitation for Proposals will not be acceptable. Proposals are subject to rejection unless submitted on this form.

RFP SCHEDULE

The table below shows the intended schedule for this RFP. Brunswick County Schools will make every effort to adhere to this schedule.

Event Responsibility Date and Time

Issue RFP BCS Aug 4, 2026

Attend Non Mandatory Pre-Proposal Meeting Vendor N/A

Questions submitted to csuther@bcswan.net

(Reference RFP # in subject line)

Vendor/BCS August 11, 2026

Provide Response to Questions BCS August 13, 2026

Submit Proposals Vendor August 19, 2026 2:00:00 PM

PROPOSAL QUESTIONS

Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions, in written form by the above due date. Brunswick County Schools will not respond to questions via telephone or telephone message(s). Written questions shall be emailed to at date and time specified above. Vendors should enter “RFP # 153.VAR.27.OPS.001

Questions” as the subject for the email. Questions submittals should include a reference to the applicable RFP section and be submitted in a format shown below:

Brunswick County Schools

35 Referendum Drive

Bolivia, NC 28422

Request For Proposal

#153.VAR.27.OPS.001

Contract Type: Open Market

Refer ALL Inquiries to: Cherie Suther

Telephone No: 910-782-5079

Commodity: HVAC Repairs

E-Mail csuther@bcswan.net Using Agency Name: Brunswick County Schools

pg. 3

Reference Vendor Question

RFP Section, Page Number Vendor question …?

Questions received prior to the submission deadline date, Brunswick County Schools’ response, and any additional terms deemed necessary by Brunswick County Schools will be posted in the form of an addendum to the Brunswick County Schools Operations website https://www.bcswan.net/departments/capital-projects/requests-for-bids-capital-projects, and shall become an

Addendum to this RFP. No information, instruction or advice provided orally or informally by any

Brunswick County Schools personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this RFP.

Proposal Evaluation

All proposals will be evaluated by representatives of Brunswick County Schools. Brunswick County

Schools may, at its sole discretion, ask for additional information and/or elect to conduct interviews with finalists to clarify information provided in the proposals.

The HVAC Services that are the subject of this RFP are not required to be bid under North Carolina law, and none of the statutory requirements regarding public bidding apply to this RFQ/P.

Brunswick County Schools shall not be required to award the contract to the lowest proposed compensation; nor shall Brunswick County Schools have any obligation to explain its decision to recommend or not to recommend any particular vendor or to invite or exclude any particular vendor from consideration at any stage of the process. Instead of recommending that contracts be awarded to one or more vendors who presented proposals, Brunswick County Schools may, at its sole discretion, reject the proposals and repeat the process, enter into direct contract negotiations with one or more vendors or take any other action Brunswick County Schools deems advisable under all the circumstances.

Brunswick County Schools is expected to make any final selection(s) based upon evaluation criteria specified in this proposal.

Factors often considered include qualifications, relevant experience, fee, and ability to perform work in a timely manner. Brunswick County Schools retains sole discretion to award the contract to the vendor(s) it believes will best serve the interests of Brunswick County Schools based on criteria specified in this proposal. Brunswick County Schools shall not have any obligation to explain its decision to select or not select any individual vendors or to invite or exclude any individual vendors from consideration at any stage of the process. The decision of Brunswick County Schools to accept or reject any proposals and to award contract(s) to any one or more vendor(s) shall be final and not subject to further review.

Vendors are subject to immediate disqualification at any stage of the selection process for any of the following:

The submission of false or misleading information in the vendor’s proposal.

pg. 4

• Any efforts to dissuade or discourage other vendors from submitting proposals.

• Any efforts to influence, dictate, or change the terms of another vendor’s proposal.

• Any form of bid collusion or bid rigging.

RFP 153.VAR.27.OPS.001 – HVAC Service & Repair

ACKNOWLEDGMENT OF ADDENDA

As the person authorized to sign the statement, I certify that this firm acknowledges any and all addenda that may have been issued as part of this proposal.

ADDENDUM No. ________ Dated _______________

ADDENDUM No. __________ Dated _________________

Applicant’s Signature Date

pg. 5

HVAC SERVICE AND REPAIR

General Conditions for Submitting Proposals

● Unsolicited Proposal Changes Any change to a proposal which is received after the closing date of this RFP and which is not specifically solicited by the Brunswick County Schools system, will be rejected.

● Costs for Proposal Preparation Any costs incurred by vendors in preparing or submitting offers are the vendor’s sole responsibility; the BRUNSWICK COUNTY SCHOOLS will not reimburse any vendor costs incurred prior to award.

● Oral Explanations The BRUNSWICK COUNTY SCHOOLS will not be bound by oral explanations or instructions given at any time during the competitive process or after award.

● Proprietary or Other “Confidential” Information

Any trade secrets or other similar proprietary data that the vendor does not wish disclosed beyond the Brunswick County Schools personnel involved in the evaluation or contract administration will be kept confidential if identified as described below:

Any section of the proposal, which is to remain confidential, must be marked “confidential.” Cost information and other information that is considered public information may not be deemed confidential.

● Oral presentation

A vendor who submits a proposal in response to the RFP may, at the discretion of Brunswick

County Schools, be required to give an oral presentation and/or clarification of his/her proposal to

Brunswick County Schools. This will provide an opportunity for the vendor to clarify or elaborate on his/her proposal but will in no way change the vendor’s original proposal. The cost of preparing for and attending the meeting will be at the vendor’s expense. Brunswick County

Schools will schedule the time and location of each such presentation Brunswick County Schools determines that an oral presentation is necessary

● Offeror Response

Vendor shall review the Requirements and Specifications below and describe their proposed approach or ability to meet or exceed each specification or confirm and agree that they shall meet the specification. Vendor’s responses shall be complete and comprehensive with a corresponding emphasis on being concise and clear. Vendor may include additional materials in a separate appendix in their offer and reference these additional materials in the applicable response below.

● Proposal Evaluation

All proposals will be evaluated by representatives of Brunswick County Schools. Brunswick

County Schools may, at its sole discretion, ask for additional information and/or elect to conduct interviews with finalists to clarify information provided in the proposals.

pg. 6

The Contractor agrees to provide services as follows:

Background

The Operations Division of Brunswick County Schools (BCS) is responsible for the operations and maintenance of 20+ school facilities, structures, and assets, with a range of uses including school, office, warehouse, storage, vehicle maintenance, communication rooms, and athletic facilities. The facilities portfolio includes mechanical equipment that includes various systems such as air-cooled chillers, condensing boilers, building automation technology, and commercial/residential type equipment.

Overview

BCS wishes to enter into a contract with an experienced HVAC service/repair contractor whose primary experience is with commercial equipment. The contract will primarily provide for experienced trouble shooting and any resulting repairs. These service call will occur during regular business hours and after hours and weekends.

Contract Pricing:

1. Pricing will be established on both a time and materials basis. See FORM 5.

General Description of Scope of Repairs:

The following is a list of typical service and repair items. This is an illustrative list and should not be considered all inclusive.

● Repair electrical connections for tightness.

● Repair compressors and motors.

● Replace or repair belts and sheaves.

● Repair refrigerant leaks.

● Repair system safety controls, including Fire Dampers.

● Repair evaporator and condenser coils.

● Check operation and calibration of temperature controls.

● All equipment repair will need to be kept on a digital platform, so that BCS has access to view at any time.

Description of work and parts used must be detailed.

Additional Notes:

● Special handling, shipping, or procurement of parts, or materials for the convenience of BCS will be reimbursed upon invoicing by Contractor. The Contractor must notify the owner (Kem Harmon or his designee) before parts costing more than $250 are ordered.

● The Contractor bears no responsibility for air quality issues under this agreement but will notify BCS of potential issues related to air quality which BCS has obligation to remedy.

CLEAN UP

All clean up shall comply with all applicable Federal, State, and local laws and regulations. Company shall, at all times, keep the site free from accumulation of waste materials, debris, or rubbish caused by his or her employees at work. Company shall remove from the site all tools, surplus materials, debris, or rubbish and shall leave the site and the work in a neat and orderly fashion at the completion of the work.

pg. 7

EMERGENCY CONTACT

Company personnel shall be reachable by cell phone in urgent or emergency situations. The Company shall provide at least two (2) local telephone numbers that may be used to contact the Company or his authorized representative in the event of an urgent or emergency situation after normal business hours.

EQUIPMENT

The Company shall have in its possession, or available, sufficient equipment, hand tools, materials, and supplies necessary to perform the work as outlined in this Scope of Services.

HAZARDOUS MATERIALS

If the Company encounters any materials considered or suspected of being hazardous, he shall immediately secure the area and contact the Contract Administrator for Brunswick County Schools or their designee.

Brunswick County Schools will work with the Contractor to determine the appropriate path forward.

STAFFING REQUIREMENTS AND IDENTIFICATION OF COMPANY PERSONNEL

The Company shall provide a sufficient work force and supervisory personnel to perform the specified services and to meet the requirements of BCS. BCS has the right to require removal and replacement of any personnel deemed unsatisfactory by the BCS.

Personnel shall maintain a neat and clean appearance, with identification clearly identifying the person and the name of their company. Shirts bearing the company’s name and logo must be worn at all times, with shirt tails tucked in. Tank tops are not permitted.

SUBCONTRACTS

No portion of this contract shall be subcontracted without prior written consent of BCS. BCS shall retain the right of approval of all subcontractors.

WORKING HOURS

Routine operations shall generally be performed between the hours of 8:00 AM to 5:00 PM, Monday through

Friday, except for BCS observed holidays. Emergency or non-routine work shall be performed as necessary with prior approval from BCS.

FORMAT

The response, at a minimum, shall include the following information labeled as indicated:

A. Respondent’s Profile and Submittal Letter – (10 points max)

RFP Submittal Letter signed by authorized agent of the business/corporation with proof of authorization from business. A brief profile of the firm, including:

1. Business History (Limited to one page)

2. Organizational Chart

3. Documentation from the appropriate state’s agency confirming firm’s legal entity type (i.e. sole proprietorship, partnership, limited liability partnership, corporation, Limited Liability

Corporation, etc.). For non-North Carolina businesses submit documentation from the state in which the business was formed and documentation from the State of North Carolina providing authorization to perform business in the state of North Carolina.

pg. 8

4. Federal Identification Number of firm.

5. Ownership interests

6. Current Client List

7. Active business venues (counties, states, etc.)

8. Present status and projected direction of business

B. Experience of Key Personnel – (30 points max)

Fill out Form 4

C. References – (30 points max)

Provide a minimum of three (3) recent and relevant reference letters from Respondent’s clients where the proposed services have been used within the past three (3) years. Reference letters should include general description of work performed. The degree of relevant experience exhibited in the letters from the clients as it relates to North Carolina School Districts and/or political subdivisions will be a primary factor.

D. Fee Structure (25 points max)

Provide Form 5

E. Other Services – (5 points max)

Services relevant to this contract that are in addition to the duties as outlined in the Scope of Services can be submitted in this section. Include any/all exceptions taken to the content of the Solicitation.

F. FORMS – (Non-Scored)

Respondents shall complete and execute the forms located in this RFP, as well as copies of all insurance and occupational licenses and shall include them in this section.

G. TO BE SUBMITTED IN A SEPARATE SEALED ENVELOPE - Financial Statement – (Non-

Scored)

All respondents shall supply a financial statement, preferably a certified audit of the last available fiscal year. A third party prepared financial statement and the latest Dunn & Bradstreet report will be accepted.

pg. 9

FORM 1

HVAC EQUIPMENT

SCHOOL CHILLERS/COOLING

TOWER

AIR

HANDLERS

HEAT

PUMPS

FAN

COOL

UNITS

UNIT

VENTILATORS

ROOFTOP

UNITS

WATER

SOURCE

HP/RTU

Belville 1-McQuay, 190-ton, air cooled

34 11 3

Bolivia 2-Trane, 60-ton ea., air cooled

19 26 13

JMM 2-York, 100-ton, air cooled

51 2

Lincoln 1-McQuay,120-ton, air cooled

16 17 10 18 9

Southport 1-Evapco ATW102- 6K, cooling tower

2 37

Supply 1-McQuay, 190-ton, air cooled

32 9 3

Town Creek Elem

2-Trane, 140-ton ea., air cooled

47 5

Union 2-Daikin, 120-ton ea., air cooled

10 13 34

VWES 1-Evapco, 190-ton, cooling tower

1 13 6 38

Waccamaw 1-McQuay, 120-ton, air cooled

2 2 4 11 18

CGMS 2-Trane, 155-ton ea., air cooled

50 2

LMS N/A 4 14 35 15

SMS N/A 8 6 42 14

SBMS 1-Trane, 60-ton, air-cooled

10 11 5 36 11

TCMS 25

NBHS 2-York, 250-ton ea., air cooled

SBHS 2-Daikin, 253-ton ea., air cooled

58 11 14 22

The COAST 2-McQuay, 125-ton ea., air cooled

14 7 1

ECHS

TOTALS 459 152 95 240 106 75

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SUBMIT THIS PAGE

REQUIRED FORMS

Form 2 — Execution of Proposal

Heating Ventilation and Air Conditioning (HVAC) Services

The person executing the Proposal, on behalf of the Company, being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agent or employee of the Company has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of full and open competition in connection with any proposal or contract, that the Company has not been convicted of violating North Carolina General Statute 133-24 within the last three years, and that the Company intends to do the work with its own bona fide employees or subcontractors and is not proposing for the benefit of another company.

Submission of a response to this RFP constitutes certification that the Company and all proposed team members are not currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Project by any State or Federal department or agency. Submission is also agreement that Brunswick County Schools will be notified of any change in this status.

NC General Statute 133-32 and Brunswick County Schools (BCS) prohibit any gift from anyone with a contract with BCS, or from any person seeking to do business with BCS. By execution of this Proposal, you attest, for your organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization.

Offer valid for 60 days from date of proposal opening unless otherwise stated here: 150 days.

The information contained in this Proposal, including its forms and other documents, delivered or to be delivered to BCS, is true, accurate, and complete. This Proposal includes all information necessary to ensure that the statements therein do not in whole or in part mislead BCS as to any facts.

Company Legal Name:

Mailing Address:

City/State/Zip:

Phone/Email:

Printed Name/Title:

Signature:

Type of Company: Sole Proprietor

(check 1 box) Partnership

Corporation (identify the State of incorporation)

Limited Liability Company (identify the State of incorporation)

pg. 11

FORM 3 Service Provider Questionare

Project Name: HVAC Services

Company Name:_______________

1. Provide Company Licensing Information

Companies without a valid NC trade required license will not be considered for contract award.

NC H1, H2,H3 & NC Plumbing License –

__ yes. License #________

Exp dates:

__no

Other Applicable Licenses: ______________

2. When was your company established?

How many years have you been in business providing mechanical services?

Year Established: _______

Number of years providing mechanical services?

3. How many qualified company employees are available to provide services?

Number of Employees: _______

4. How long have your employees worked for you?

How many have worked less than 3 years:___

How many have worked more than 3 years:__

5. Are you able to provide on-call services 24 hours a day, 7 days a week for emergency calls?

__yes.

What is your maximum response time to an emergency call? _____

___ No

6. Does your company have the capability to self-perform all services? What percentage of the work/task would you subcontract?

___Yes

__No. What areas would you subcontract?

pg. 12

7. Has the company/or any employee or agent/subcontractor had a felony conviction?

__ _No

__Yes. Explain:_____________________

8. Have you been involved in any litigation in the past 5 years?

___No

___Yes. Explain_____________________

9. Are you willing to submit all proposed personnel for a strict BCS background check?

__ Yes

___No

pg. 14

Form 5 —Repairs Pricing

Project Name: HVAC Major Repairs and Installation Services

Company's Name:

All Unit Prices include labor, small sundries type materials, equipment (owned or rented), transportation, and necessary hand tools required by the trade, as well as any other expenses of having the workers on the job site. The

Company shall pay for equipment and any required building permits and BCS will reimburse the cost.

DESCRIPTION

REGULAR

HOURS

AFTER

HOURS

EMERGENCY

Trip Charge (mobilization fee)

Licensed HVAC Technician

HVAC Experienced Tech — non-licensed

HVAC apprentice/helper

Profit and Overhead Markup for Materials/Permits

Other:

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SAMPLE BRUNSWICK COUNTY BOARD OF EDUCATION

CONTRACT FOR HVAC SERVICES

This contract for Document Management Services (the “Contract”) is made and entered into this xx day of xxx, 2026, between the Brunswick County Board of Education (the “School System”), at 35 Referendum Dr Bolivia, NC 28422 and xxxxxxx (the “Provider”), at xxxxxxx, NC xxxxxx.

For and in consideration of the mutual promises set forth in the Contract the parties do mutually agree as follows:

1. Obligations of Provider. Provider hereby agrees to provide services to the School System as follows:

1.1.Per IBR xxxxxxxxxxxx. Work will be completed in a timely manner acceptable to the School System in full compliance with the terms and conditions of this Contract, including any documents incorporated by reference.

1.2.Qualifications of Provider. Provider warrants that all agents or employees of Provider who will provide services under this Contract will be fully qualified, possess any requisite licenses, and otherwise be legally entitled to perform the services provided, and shall exercise the skill and care customarily exercised by duly licensed and qualified providers of the same or similar services.

1.3.Records Maintenance. Provider shall maintain written documentation of any service provided, including any required documentation meeting the requirements of applicable federal, state and local laws and regulations.

2. Obligations of the School System.

2.1. The School System hereby agrees to compensate Provider at a rate specified in Form 6 for services rendered with a not to exceed amount of $_____. With the School System’s written consent, payments may be made in monthly installments for work performed and accepted during the previous month.

2.2. In the event of inclement weather, fire, power failure, or other similar occurrence, which may necessitate the cancellation of the delivery of the service(s), and an alternate date cannot be agreed upon, the School System will be under no obligation to compensate Provider for services not rendered.

3. Term. The services described in the Contract will be provided from XXXXXXXXXX through

XXXXXXXXXXXX with an option to renew for two additional consecutive one year terms thereafter.

4. Compensation. Provider shall provide School System with invoice(s) itemized by service provided, the date(s) that services were provided, and the amount owed, along with any supporting documentation that may be requested in advance by School System. The School System shall process payments to Provider within Thirty (30) days of submission of such invoice(s). In the event of inclement weather, fire, power failure, or other similar occurrence, which may necessitate the cancellation of the delivery of the service(s), and an alternate date cannot be agreed upon, the School System will be under no obligation to compensate Provider for services not rendered.

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5. Termination for Convenience. The School System may terminate this Contract at any time at its complete discretion upon twenty (20) calendar days’ notice in writing from the School System to Provider prior to the date of termination. In addition, all finished or unfinished documents and other materials produced by Provider pursuant to this Contract shall, at the request of the School System be turned over to it and become its property. If the Contract is terminated by the School System in accordance with this section, the School System will pay Provider at the rate set out in Section 2.1 for all services performed as of the date of termination.

1. Termination by the Owner for Cause At any time, the School System may terminate this Contract with two (2) days prior notice if Provider is unable to meet goals and timetables or if the School System is dissatisfied with the quality of services provided. The School System may without prejudice to any other rights or remedies of the School System and after giving the Contractor two (2) days’ written notice, terminate the Contract and may:

1. Exclude the Provider from School System property and take possession of all materials, equipment, or supplies paid for by the School System; and

2. Finish the Work by whatever reasonable method the School System may deem expedient.

If the School System terminates the whole or any part of the Work, the School System may procure, upon such terms and in such manner as the School System may deem appropriate, supplies or services similar to those so terminated and the Provider shall be liable to the School System for any excess costs for such similar supplies or services. The Provider shall continue the performance of the Contract to the extent not terminated hereunder.

When the School System terminates the Contract, the Provider shall not be entitled to receive further payment until the Work is finished. If the Work was being performed on a lump sum basis and an unpaid balance of the Contract sum exceeds costs of finishing the Work, and other damages incurred by the

School System, such excess shall be paid to the Provider. If such costs and damages exceed the unpaid balance, the Provider shall pay the difference to the School System. If the Work was being performed on a time and material basis, the Provider shall only be entitled to payment for Work performed and accepted by the School System prior to the date of termination. Upon written request of the Provider, the School

System shall furnish to the Provider a detailed accounting of the costs incurred by the School System in finishing the Work.

6. Terms and Methods of Payment. Provider shall submit to the School System monthly invoices itemized by service provided, the number of hours worked and by whom, the date(s) that services were provided, and the amount owed, along with any supporting documentation that may be requested in advance by the

School System. Such invoices shall be submitted within thirty (30) days of the rendering of services.

The School System shall process payments to Provider within Thirty (30) days of submission of such invoices. Invoices should be sent to vendorinvoice@bcswan.net for review and approval.

7. Contract Funding. It is understood and agreed between Provider and the School System that the School

System’s payment obligation under this Contract is contingent upon the availability of appropriated funds from which payment for Contract purposes can be made.

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8. Insurance. Provider agrees to maintain Commercial General Liability in amount of $1,000,000 each occurrence with $2,000,000 General Aggregate. Provider shall maintain $1,000,000 in automobile liability, and other appropriate insurance, as well as Workers Compensation in the required statutory amount for all employees participating in the provision of services under this Contract. Provider also agrees to maintain $1,000,000 in professional liability insurance if the Provider is engaged in a professional service pursuant to this Contract. The Board of Education shall be named by endorsement as an additional insured on the general and automobile liability policies. Certificates of such insurance shall be furnished by Provider to the School System and shall contain an endorsement to provide the

School System at least 10 days’ written notice of any intent to cancel or terminate by either Provider or the insuring company. Failure to furnish insurance certificates or maintain such insurance shall be a default under this contract and shall be grounds for immediate termination of this Contract.

9. Taxes. Provider shall pay all federal, state, and FICA taxes for all employees participating in the provision of services under this Contract.

10. Monitoring and Auditing. Provider shall cooperate with the School System, or with any other person or agency as directed by the School System, in monitoring, auditing, or investigating activities related to this Contract. Provider shall permit the School System to evaluate all activities conducted under this contract as dictated by the School System. Provider shall provide auditors retained by the School System with access to any records and files related to the provision of services under this Contract. The School

System agrees that its auditors will maintain the confidentiality of any identified and actual trade secrets of Provider accessed during an audit conducted under this Contract.

11. Confidentiality of Student Information. Provider agrees that all student records or personally identifiable information contained in student records that may be obtained in the course of providing services to the

School System under this contract shall be subject to the confidentiality and disclosure provisions of applicable federal and state statutes and regulations as well as the School System’s policies. All student records shall be kept in a secure location preventing access by unauthorized individuals. Provider will maintain an access log delineating date, time, agency, and identity of individual accessing student records who is not in the direct employ of Provider. Provider shall not forward to any person other than parent or the School System any student record or personally identifiable information obtained from a student record (including, but not limited to, the student’s identity) without the written consent of the School

System. Upon termination of this Contract, Provider shall turn over to the School System all student records or personally identifiable information about students obtained by Provider while providing services under this Contract. Nothing in this Contract gives Provider any right to access any student records or personally identifiable information.

12. Lunsford Act. Provider also acknowledges that G.S. § 14-208.18 prohibits anyone required to register as a sex offender under Article 27A of Chapter 14 of the General Statutes from knowingly being on the premises of any school. Provider shall conduct or arrange to have conducted, at its own expense, sexual offender registry checks on each of its owners, employees, agents and subcontractors (“contractual personnel”) who will engage in any service on or delivery of goods to School System property or at a

School System sponsored event, except checks shall not be required for individuals who are solely delivering or picking up equipment, materials, or supplies at: (1) the administrative office or loading dock of a school; (2) non-school sites; (3) schools closed for renovation; or (4) school construction sites. 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 Provider’s convenience only, all of the required registry checks may be completed at no cost by accessing the United States Department of Justice Sex Offender Public Website at http://www.nsopw.gov/. Provider shall provide certification on the Sexual Offender Registry Check

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Certification Form (Attachment A) 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. Provider shall conduct a current initial check of the registries. The sex offender registry checks shall be conducted within 30 days of Provider’s execution of the Contract and prior to performing any services on School System property. In addition, Provider 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. Provider further agrees to conduct annual registry checks of all contractual personnel and provide annual certifications at each anniversary date of this Contract. Provider 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. Provider 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. Provider 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 deemed a material breach of the Contract. If requested by the School System, the Provider shall provide sufficient background information regarding any or all contractual personnel who may deliver goods or perform services under this contract in order to allow the School System to perform a criminal background check on each individual at the School System’s expense. Provider 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. The School System reserves the right to prohibit any contractual personnel of Provider from delivering goods or providing services under this Contract if the School

System 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, or if such contractual personnel may otherwise pose a risk to the School System’s operations. Failure to comply with the terms of this provision shall be deemed a material breach of the Contract.

13. Indemnification. Provider shall indemnify and hold harmless the School System and its agents and employees from and against all claims, actions, demands, costs, damages, losses, and/or expenses of any kind whatsoever proximately resulting from the omission or commission of any act, lawful or unlawful, by Provider or its agents and/or employees, including but not limited to court costs and attorney’s fees, incurred in connection with the defense of said matters. The parties agree that this indemnification clause is an “evidence of indebtedness” for purpose of N. C. Gen. Stat. § 6-21.2.

14. Relationship of Parties. Provider shall be an independent contractor of the School System, and nothing herein shall be construed as creating a partnership or joint venture; nor shall any employee of Provider be construed as an employee, agent, or principal of the School System.

15. Compliance with Applicable Laws. Provider shall comply with all applicable laws and regulations in providing services under this Contract. In particular, Provider 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.

Provider 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. Provider 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. Provider 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-

19 | P a g e time employee” are governed by the Affordable Care Act and accompanying IRS and Treasury

Department regulations.

16. Compliance with Iran Divestment Act of 2015. Provider represents that as of the date of this Contract, Provider is not included on the Final Divestment List created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. § 147-86.58. Provider also represents that as of the date of this Contract, Provider is not included on the list of restricted companies determined to be engaged in a boycott of Israel created by North Carolina State Treasurer pursuant to N.C. Gen Stat. 147-86.81.

17. Anti-Nepotism. Provider 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 Brunswick County

Board of Education or of any principal or central office staff administrator employed by the School

System. 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 Provider 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, Provider shall immediately disclose the family relationship in writing to the Superintendent of Schools. Unless formally waived by the School System, the existence of a family relationship covered by this Contract is grounds for immediate termination by School System without further financial liability to Provider.

18. Applicable School Board of Education Policies. Provider acknowledges that the Brunswick County Board of Education has adopted policies governing conduct on School System property and agrees to abide by any and all relevant Board policies while on School System property. The Provider acknowledges that

Board’s policies are available on the School System’s website.

19. Assignment. Provider shall not assign, subcontract, or otherwise transfer any interest in this contract without the prior written approval of the School System.

20. Contract Modifications. This contract may be amended only by written amendments duly executed by and between the School System and Provider.

21. North Carolina Law. North Carolina law will govern the interpretation and construction of the Contract.

22. Order of Precedence. The Parties do hereby agree that in the event of conflict between the terms and conditions of this Contract and the terms and conditions in an agreement entered into between the parties at the same time as or prior to this Agreement, the terms and conditions of this Agreement shall prevail.

23. Entire Agreement. This Contract, including the purchase order, if any, used in connection herewith and any other document(s) expressly incorporated by reference as a part of this Contract, constitutes and expresses the entire agreement and understanding between the parties concerning its subject matter.

This Contract supersedes all prior and contemporaneous discussions, promises, representations, agreements and understandings relative to the subject matter of this contract. To the extent there may be any conflict between the four corners of this Contract and other documents incorporated by reference herein, the terms of this Contract will control.

24. Attached Exhibits: The following documents, if any, are attached as Exhibits to this Contract and incorporated by reference herein:

Attachment A: Sexual Offender Registry Check Verification Form

Attachment B: Scope of work and rates

Attachment C: Vendor Check in

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26. Severability. If any provision of this Contract shall be declared invalid or unenforceable, the remainder of the Contract shall continue in full force and effect.

25. Counterparts and Execution. This Contract may be executed in any number of counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. The Parties agree that computer scanned and/or faxed signatures or copies of this Contract will have the same validity and force as an “original.”

26. Authority to Enter Contract. The person(s) executing this Contract on behalf of Provider have authority to do so as an official, binding act of Provider.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first indicated above.

BRUNSWICK COUNTY PROVIDER

BOARD OF EDUCATION

Authorized Signature

ATTEST:

This instrument has been preaudited in the manner required by the School Budget and Fiscal Control Act.

School System Finance Officer Date

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Attachment A

Sexual Offender Registry Check Certification Form

Check the appropriate box to indicate the type of check:

□ Initial

□ Supplemental

□ Annual

I, _______________ (insert name), ______________ (insert title) of ____________ (insert company name) hereby certify that I have performed all of the required sexual offender registry checks required under this Agreement for all contractual personnel (employees, agents, ownership personnel, or contractors ) who may be used to deliver goods or provide services under this Agreement, including the North Carolina Sex Offender and Public Protection Registration Program, the North

Carolina Sexually Violent Predator Registration Program, and the National Sex Offender Registry. I further certify that none of the individuals listed below appears on any of the above-named registries and that I will not assign any individual to deliver goods or perform services under this Agreement if said individual appears on any of the sex offender registries.

I agree to maintain all records and documents associated with these registry checks, and that I will provide such records and documents to the school system upon request. I specifically acknowledge 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. I acknowledge that I am required to perform these checks and provide this certification form before any work is performed under the

Agreement (initial check), any time additional contractual personnel may perform work under the Agreement (supplemental check), and at each anniversary date of the Agreement (annual check).

Contractual Personnel Names Job Title

1. ________________________ ________________________

2. ________________________ ________________________

3. ________________________ ________________________

4. ________________________ ________________________

5. ________________________ ________________________

(attach additional page(s) if needed)

I attest that the forgoing information is true and accurate to the best of my knowledge.

_____________________ (print name) _____________________ (signature)

_____________________ (title) ______________________ (date)

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Attachment C

Vendor Check-In Requirement at Schools

All vendors providing services, deliveries, or conducting business on Brunswick County Schools campuses are required to check in through the main office at each school.

1. Purpose

The safety and security of students, staff, and visitors are the highest priority. Requiring all vendors to enter through the front office ensures proper identification, accountability, and monitoring of individuals on campus.

2. Procedures

A. Vendors must report directly to the main office upon arrival.

B. Long Term Vendors with badges inform front office staff that they are on campus.

C. Other Vendors must check in using Ident-A-Kid.

a. Driver’s license is required for check in

D. Vendors will be issued a visitor badge, which must be worn visibly at all times while on campus.

E. Vendors must remain only in authorized areas and conduct business as approved.

F. Upon completion of business, vendors must return to the main office to sign out and return the badge.

3. Compliance

● Failure to follow this procedure may result in removal from campus and may affect the vendor’s eligibility for future work with Brunswick County Schools.

● Repeated violations may result in termination of vendor contracts.

4. Exceptions

Emergency response personnel (fire, EMS, law enforcement) are exempt during active emergencies.