LM1004S-Library Material.pdf

ONSLOW COUNTY SCHOOLS

PURCHASING DEPARTMENT

200 Broadhurst Road, Jacksonville, NC 28540 P. O. Box 99, Jacksonville, North Carolina 28541-0099

Phone (910) 455-2211 Fax (910) 455-1548

January 17, 2020

REQUEST FOR PROPOSAL

PROPOSAL NUMBER: LM1004S TO BE RETURNED BY: February 4, 2020

LIBRARY/CLASSROOM BOOKS & MATERIALS

Offeror: Refer Inquiries To: Schelaine Parnell

Attention: Puchasing Agent 1 Address: Telephone#: (910) 455-2211 ext. 20653

Requisitioned By: All Schools

NOTICE TO OFFEROR

Sealed Proposals, subject to the conditions made a part hereof, will be received at the Purchasing Department, Onslow County Schools, 200 Broadhurst Road, Jacksonville, NC 28540 (PO Box 99, Jacksonville, NC 28541-0099), until 11:00 A.M on Tuesday, February 4, 2020 and then publicly opened and read in the Purchasing Dept Conference Room for furnishing the supplies, materials and/or services, as described herein. Refer to Instructions for Proposals, Item 8 for proper mailing instructions.

Proposals and/or addenda submitted via facsimile (FAX) machine or Email in response to this Request for Proposals will not be acceptable. Proposals are subject to rejection unless submitted on this form.

EXECUTION

In compliance with this Request for Proposals, 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 proposal, I certify that this proposal 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 proposal prior to submittal shall render proposal invalid. Late proposals are not acceptable.

OFFEROR: FEDERAL ID OR SOCIAL SECURITY NO.

STREET ADDRESS: P.O. BOX: ZIP:

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

(800)

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

AUTHORIZED SIGNATURE: DATE: E-MAIL:

If you desire to "no proposal" this requirement, sign and return only this page, check appropriate box(es).

( ) NO PROPOSAL ( ) REMOVE FROM MAILING LIST

Offer valid for 45 days from date of opening unless otherwise stated here: ______________days (See Instructions for Proposals, Item 6) Prompt Payment Discount:_____________% ______________days (See Instructions for Proposals, Item 7)

ACCEPTANCE OF PROPOSAL

If any or all parts of this proposal are accepted by Onslow County Schools, an authorized representative of the School System shall affix their signature hereto and this document and the provisions of the Instructions for Proposals, the special terms and the conditions specific to this Request for Proposal, the specifications, and the Onslow County Schools General Contract Terms and Conditions shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the successful offeror(s).

FOR ONSLOW COUNTY SCHOOLS USE ONLY

Offer accepted and contract awarded this _____________day of ________________, 20_____, as indicated on attached certification, by ____________________________________________(Authorized representative of Onslow County Schools).

PAGE 2 PROPOSAL NO. LM1004S OFFEROR:

PROPOSALS ARE SUBJECT TO REJECTION UNLESS SUBMITTED ON THIS FORM

INSTRUCTION FOR PROPOSALS

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

2. NOTICE TO OFFERORS:

All proposals are subject to the provisions of the Instructions for Proposals, special terms and conditions specific to this Request for Proposals, the specifications, and the Onslow County Schools General Contract Terms and Conditions.

The Onslow County Schools object to and will not evaluate or consider any additional terms and conditions submitted with a proposal response. This applies to any language appearing in or attached to the document as part of the offeror’s response. DO NOT ATTACH ANY ADDITIONAL TERMS AND CONDITIONS.

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

3. DEFINITIONS:

OFFEROR: Company, firm, corporation, partnership, individual, etc., submitting a response to a Request for Proposals.

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.

4. EXECUTION: Failure to sign under EXECUTION section will render proposal invalid.

5. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this proposal, the order of precedence shall be (1) special terms and conditions specific to this proposal, (2) specifications, (3) Onslow County Schools General Contract Terms and Conditions, and (4) Instructions for Proposals.

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

7. PROMPT PAYMENT DISCOUNTS: Offerors are urged to compute all discounts into the price offered. If a prompt payment discount is offered, it will not be considered in the award of the contract except as a factor to aid in resolving cases of identical prices.

8. MAILING INSTRUCTIONS:

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

It is desirable that all responses meet the following requirements:

• All copies are printed double sided.

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

• Unless absolutely necessary, all bids and copies should minimize or eliminate use of non-recyclable or non re-usable 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.

Mail only one fully executed proposal document, unless otherwise instructed, and only one proposal per envelope. Address envelope and insert proposal number as shown below. It is the responsibility of the offeror to have the proposal in this office by the specified time and date of opening.

DELIVERED BY US POSTAL SERVICE DELIVERED BY ANY OTHER MEANS

PROPOSAL NO. LM1004S PROPOSAL NO. LM1004S

ONSLOW COUNTY SCHOOLS OR ONSLOW COUNTY SCHOOLS

PURCHASING DEPARTMENT PURCHASING DEPARTMENT

P. O. BOX 99 200 BROADHURST ROAD

JACKSONVILLE, NC 28541-0099 JACKSONVILLE, NC 28540

9. TABULATIONS: Verbal tabulations of proposals and award information can be obtained by calling the purchaser listed on the first page of this document.

PAGE 3 PROPOSAL NO. LM1004S OFFEROR:

10. 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 offeror will be held responsible therefore. Deviations shall be explained in detail. The offeror shall not construe this paragraph as inviting deviation or implying that any deviation will be acceptable.

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

12. RECYCLING AND SOURCE REDUCTION: It is the policy of Onslow County Schools 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 purchasers those products or packaging they offer which have recycled content and that are recyclable.

13. 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 user directly. Any and all revisions to this document shall be made only by written addendum. The offeror is cautioned that the requirements of this proposal can be altered only by written addendum and that verbal communications from whatever source are of no effect.

14. ACCEPTANCE AND REJECTION: Onslow County Schools reserves the right to reject any and all proposals, to waive any informality in proposals and, unless otherwise specified by the offeror, to accept any item in the proposal. If either a unit price or extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded.

15. REFERENCES: Onslow County Schools reserves the right to require a list of users of the exact item offered. Onslow County Schools may contact these users to determine acceptability of the proposal. Such information may be considered in the evaluation of the proposal.

16. TAXES:

FEDERAL: All agencies participating in this contract are exempt from Federal Taxes, such as excise and transportation.

Exemption forms submitted by the contractor will be executed and returned by the using agency.

OTHER: Prices offered are not to include any personal property taxes, nor any sales or use tax (or fees) unless required by the North Carolina Department of Revenue.

17. AWARD OF CONTRACT: As directed by statute, qualified proposals will be evaluated and acceptance may be made of the lowest and best proposal most advantageous to the Onslow County Schools as determined upon consideration of such factors as: prices offered; the quality of the articles offered; the general reputation and performance capabilities of the offerors; the substantial conformity with the specifications and other conditions set forth in the proposal; the suitability of the articles for the intended use; the related services needed; the date or dates of delivery and performance; and such other factors deemed by the Onslow County Schools to be pertinent or peculiar to the purchase in question. Unless otherwise specified by the Onslow County Schools or the offeror, the Onslow County Schools reserves the right to accept any item or group of items on a multi-item proposal.

In addition, on TERM CONTRACTS, Onslow County Schools 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 the Onslow County Schools to be pertinent or peculiar to the purchase in question.

18. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150, Onslow County School 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.

PAGE 4 PROPOSAL NO. LM1004S OFFEROR:

19. CONFIDENTIAL INFORMATION: As provided by statute and rule, Onslow County Schools will consider keeping trade secrets which the offeror does not wish disclosed confidential. Each page shall be identified in boldface at the top and bottom as “CONFIDENTIAL” by the offeror. 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.

20. 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 offeror’s expense. Request for the return of samples must be made within 10 days following date of proposal opening. Otherwise the samples will become School property. Each individual sample must be labeled with the offeror’s name, proposal 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.

21. PROTEST PROCEDURES: When a bidder wants to protest a contract awarded by the Onslow County Schools resulting from this solicitation, they must submit a written request to the Purchasing Director, Onslow County Schools, 200 Broadhurst Road, Jacksonville, NC 28540. This request must be received in the Onslow County Schools’ Purchasing Department within thirty (30) consecutive calendar days from the date of the contract award. Protest letters must contain specific reasons and any supporting documentation for the protest. Note: Contract award notices are sent only to those actually awarded contracts, and not to every person or firm responding to this solicitation. Bid status and Award notices are available by contacting the Onslow County Schools’ Purchasing Department at (910) 455-2211. All protests will be handled pursuant to the North Carolina Administrative Code, Title 1, Department of Administration, Chapter 5, Purchase and Contract, Section 5B.1519.

22. MISCELLANEOUS: Masculine pronouns shall be read to include feminine pronouns, and the singular of any word or phrase shall be read to include the plural and vice versa.

23. RECIPROCAL PREFERENCE: G.S. 143-59 establishes a reciprocal preference law to discourage other states from applying in-state preferences against North Carolina’s resident bidders. The “Principal Place of Business” is defined as the principal place from which the trade or business of the bidder is directed or managed.

PAGE 5 PROPOSAL NO. LM1004S OFFEROR:

USER: Onslow County Schools

SCOPE: It is the intent of this proposal invitation to obtain contract proposals for supplying library books, videos, software, materials, and/or processing services for all the Onslow County Board of Education's Subsidiaries, Institutions, and Schools. All products and/or services rendered by the vendor must meet all requirements of this invitation and be completely satisfactory to using agencies.

USAGE AND DURATION: This proposal is intended to cover our normal requirements for library books, videos, software, materials, and/or processing services for the period from July 1, 2020 through June 30, 2021. While it is not contemplated that any abnormal requirements will develop, however, if such should occur, Onslow County Schools reserves the right to call for separate proposals.

SPECIAL NOTE: During the 2020/2021 school year our school district will consist of (39) thirty-nine schools (1-Early Childhood Center, 20-Elementary, 8-Middle, 7-High, 1-Learning Center, 1-Early College High School and 1 Regional Skill Center), with approximately 26,000 students. These schools will be procuring library books and/or materials for their libraries and classrooms.

TRANSPORTATION CHARGES: FOB Destination. It is the intent of this proposal to get (FREE) prepaid FOB destination freight. The minimum order must be $___________. Any order that exceeds the minimum amount will be shipped prepaid. In instances where order exceeds the minimum and contractor makes partial shipment of order, shipments shall be made FOB destination with no transportation charges added. NOTE: Any order for less than the minimum amount shall be shipped with transportation charges added to invoice as a separate item.

DELIVERY: Early delivery is requested and bidder is urged to state earliest guaranteed delivery. Onslow County Schools reserves the right to evaluate delivery offered as a factor in determining the award of the proposed contract. Delivery will be made from ___________________________________ (City & State) within ____________ consecutive days after receipt of order.

NOTE: ONSLOW COUNTY SCHOOLS RESERVES THE RIGHT TO ADJUST QUANTITIES UP OR DOWN AT THE

UNIT PRICE AS BUDGETED FUNDS MAY ALLOW OR REQUIRE.

ONSLOW COUNTY SCHOOLS ALSO RESERVES THE RIGHT TO AWARD CONTRACT ON A SPLIT ORDER

BASIS OR LUMP SUM BASIS IF IT IS IN OUR BEST INTEREST.

ALL MATERIALS SHOULD BE NEW AND CURRENT UNLESS OTHERWISE STATED.

INFORMATION REQUIRED WITH BID: Submit complete descriptive literature and specification on all items offered.

Proposals which fail to comply will be subject to rejection.

LIBRARY MATERIALS AND/OR PROCESSING SERVICES: Realizing the different types of library books, videos, software, materials, and/or processing services available from different vendors, Onslow County Schools reserves the right to evaluate the type of library books, videos, software, materials, materials and/or processing services offered as a factor in determining the award of the proposed contract. Vendors are required to submit catalog(s) that will be used in the evaluation of award of contract.

BOOK BINDINGS: Realizing the different types of bindings available, Onslow County Schools reserves the right to evaluate the type of binding offered as a factor in determining the award of the proposed contract. Vendors are required to submit book binding specifications for each type of binding being offered.

CATALOGS: The vendor(s) awarded this contract will provide catalogs and price lists to Onslow County Board of Education’s Subsidaries, Institutions, and Schools at no charge upon request.

PAGE 6 PROPOSAL NO. LM1004S OFFEROR:

REQUIREMENTS FOR BOOKS

These books are intended to be part of the classroom and/or library collection at schools within the Onslow County School District.

1. Bidder must stock young adult books suitable for readers ages 5 – 19 years old.

2. Binding choices are:

1st - Hardbound book with library binding 2nd - Hardbound book with trade binding 3rd - Hardcover paperback 4th - Reinforced paperback book with flexible cover 5th - Regular Paperback

3. Books which are received and which are defective, damaged, or incorrectly processed, may be returned within 365 days for replacement or credit.

4. The vendor is to prepare shelf-ready books for classroom usage.

5. The vendor is to prepare shelf-ready library books capable of circulating using a bar code system.

The vendor should be able to provide specific software for circulation and cataloging currently being utilized by the individual school libraries. Our schools use mostly Follett and Unison Software in their libraries.

6. The vendor should be able to provide specific cataloging and processing information on library books per individual school library requirements.

REQUIREMENTS FOR VIDEOS

These videos are intended to be part of the classroom and/or library collection at schools within the Onslow County School District.

1. Bidder must stock videos suitable for readers ages 5 – 19 years old.

2. Videos which are received and which are defective, damaged, or incorrectly processed, may be returned within 365 days for replacement or credit.

REQUIREMENTS FOR COMPUTER SOFTWARE

YEAR 2000 COMPLIANCE/WARRANTY: Vendor shall ensure the product(s) furnished pursuant to this Agreement (“product” shall include, without limitation, any piece of equipment,, hardware, firmware, middleware, custom or commercial software, or internal components, subroutines, and interfaces therein) which performs any date and/or time data recognition function, calculations, or sequencing, will support a four digit year format, and will provide accurate date/time data and leap year calculations on and after December 31, 1999, at the same level of functionality for which originally acquired without additional cost to the user.

This warranty shall survive termination or expiration of the agreement.

PAGE 7 PROPOSAL NO. LM1004S OFFEROR:

PROPOSAL TO PROVIDE LIBRARY BOOKS, VIDEOS, SOFTWARE,

MATERIALS, AND/OR PROCESSING SERVICES

TO ONSLOW COUNTY SCHOOLS

VENDOR: _______________________________________________________

CONTACT NAME & TITLE: _______________________________________________________

ADDRESS: _______________________________________________________

CITY/STATE/ZIP: _______________________________________________________

PHONE NUMBERS: _______________________________________________________

FAX NUMBERS: _______________________________________________________

EMAIL ADDRESS: _______________________________________________________

WEBSITE ADDRESS: _______________________________________________________

PURCHASE ORDER ADDRESS: (If Different Than Above)

ADDRESS: _______________________________________________________

CITY/STATE/ZIP: _______________________________________________________

PHONE NUMBERS: _______________________________________________________

FAX NUMBERS: _______________________________________________________

REMIT TO ADDRESS: (If Different Than Above)

ADDRESS: _______________________________________________________

CITY/STATE/ZIP: _______________________________________________________

PHONE NUMBERS: _______________________________________________________

FAX NUMBERS: _______________________________________________________

TRANSPORTATION: FOB DESTINATION: Minimum order required for FREE freight will be $_________.

See Page 4 (TRANSPORTATION CHARGES)

Special conditions: __________________________________________________

Exemptions: _______________________________________________________

DELIVERY: Delivery will be made from ______________________(City & State) within _______ days after receipt of order. See Page 4 (DELIVERY)

BID NUMBER: List any specific bid number(s) and/or other information that we should use on orders.

PAGE 8 PROPOSAL NO. LM1004S OFFEROR:

DUE TO THE DIFFERENT TYPES OF LIBRARY BOOKS, VIDEOS, SOFTWARE, MATERIALS, AND/OR

PROCESSING SERVICES AVAILABLE FROM DIFFERENT VENDORS, PLEASE COMPLETE THE

APPROPRIATE DISCOUNT SECTIONS THAT YOUR COMPANY WOULD LIKE TO OFFER.

NOTE: Write “NO BID” for any item(s) not offered.

1. CATALOG DISCOUNTS:

(1) From listed catalog prices_____________% Discount

Catalog Names & Dates (Please List All Catalogs)

(2) Quantity discounts (Specify) ______________________________

(3) Other (Specify)_________________________________________

2. WEBSITE DISCOUNTS:

(1) Website Listed Prices _____________% Discount

Website Addresses

(3) Other (Specify)_________________________________________

3. PAPERBACK BOOK DISCOUNTS: (1) From listed catalog prices_____________% Discount

(3) Other ________________________________________________

4. HARDCOVER BOOK DISCOUNTS: (1) From listed catalog prices_____________% Discount

PAGE 9 PROPOSAL NO. LM1004S OFFEROR:

5. AUDIO / VIDEO DISCOUNTS: (1) From listed catalog prices_____________% Discount

6. SOFTWARE DISCOUNTS

AND/OR

ACCELLERATED READER/STAR

SOFTWARE DISCOUNTS:

(1) From listed catalog prices_____________% Discount

Catalog Names & Dates (Please List All Catalogs)

7. LIBRARY SUPPLIES DISCOUNTS: (1) From listed catalog prices_____________% Discount

8. OTHER DISCOUNTS: (1) From listed catalog prices_____________% Discount

SPECIFY:___________________ (2) Quantity discounts (Specify) ______________________________

PAGE 10 PROPOSAL NO. LM1004S OFFEROR:

LIBRARY BOOK CATLOGING & PROCESSING OPTIONS:

LIST THE TYPE OF CATALOGING & PROCESSING OPTIONS AVAILABLE:

PACKAGES:

1. Full Processing (all materials attached) (Catalog card set, pocket, borrower’s card, spine label, and clear protective cover on book with dust jacket)

___________ per book

2. Automation Processing (all materials attached) (Electronic catalog record on disk, bar code label with protector, spine label, and clear protective cover on book with dust jacket)

3. Automation Processing Plus Cards (all materials attached) (Catalog card set, electronic catalog record on disk, bar code label with protector, spine label, and clear protective cover on book with dust jacket)

4. Do-It-Yourself Kits (materials not attached) (Catalog card set, self-adhesive pocket, borrower’s card, and spine label)

5. Other Processing:

Includes:_______________________________________________________

___________ per book

6. Other Processing:

Includes:_______________________________________________________

___________ per book

INDIVIDUAL ITEMS:

7. Catalog Card Set _______Attached

_______ Not Attached

8. Extra Shelflist Card _______Attached

_______ Not Attached

9. Borrower’s Card _______Attached

_______ Not Attached

10. Electronic Catalog Record on Disk (No Charge for Disk Itself) _______Attached

_______ Not Attached

11. Clear Protective Cover on Book with Dust Jacket (attached or not attached)

_______Attached

12. Bar Code Label with Protector _______Attached

PAGE 11 PROPOSAL NO. LM1004S OFFEROR:

13. Pocket (self-adhesive) _______Attached

14. Date Due Slip (in lieu of pocket & borrower’s card

15. Spine Label (with protector if no mylar)

16. Theft Detection _______Attached

_______ Not Attached

17. Reinforced Plastic Cover for Paperbacks _______Attached

_______ Not Attached

18. Other – Specifiy:________________________________________ _______Attached

LIBRARY VIDEO CATALOGING & PROCESSING OPTIONS:

LIST THE TYPE OF CATALOGING & PROCESSING OPTIONS AVAILABLE:

1. Full Processing:

Includes:________________________________________________________

__________ per video

2. Other Processing:

Includes:________________________________________________________

__________ per video

INDIVIDUAL ITEMS:

3. Catalog Card Set __________ per video

4. Extra Shelflist Card __________ per video

5. Borrower’s Card __________ per video

6. Pocket (Self-adhesive) (attached or not attached) __________ per video

7. Electronic Catalog Record on Disk (No Charge for Disk Itself) __________ per video

8. Bar Code Label with Protector (attached or not attached) __________ per video

9. Protective Cover or Case for Video __________ per video

10. Protective Case for Video __________ per video

11. Theft Detection __________ per video

12. Other – Specifiy:________________________________________ __________ per video

PAGE 12 PROPOSAL NO. LM1004S OFFEROR:

GENERAL CONTRACT TERMS AND CONDITIONS

1. DEFAULT AND PERFORMANCE BOND: If, through any cause, Vendor shall fail to fulfill in timely and proper manner the obligations under this agreement, Onslow County Schools shall have the right to terminate this contract by giving written notice to the Vendor and specifying the effective date thereof. In case of default by the Vendor for any reason, Onslow County Schools may procure substitute goods from other sources and hold the Vendor responsible for any excess cost occasioned thereby. Onslow County Schools reserves the right to require at any time a performance bond or other acceptable alternative guarantees from a successful Vendor without expense to Onslow County Schools.

In addition, in the event of default by the Vendor under this contract, Onslow County Schools may immediately cease doing business with the Vendor, immediately terminate for cause all existing contracts Onslow County Schools has with the Vendor and debar the Vendor from doing future business with Onslow County Schools.

Upon the Vendor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Vendor, Onslow County Schools may immediately terminate, for cause, this contract and all other existing contracts the Vendor has with Onslow County Schools and debar the Vendor from doing future business with Onslow County Schools.

2. 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 Vendor to notify, in writing, the issuing purchasing office at once, indicating the specific regulation which required such alterations. Onslow County Schools reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

3. AVAILABILITY OF FUNDS: Any and all payments to the contractor are dependent upon and subject to the availability of funds to the agency for the purpose set forth in this agreement.

4. TERMINATION FOR NON-APPROPRIATION OF FUNDS: Notwithstanding any other provision of this contract, Onslow County

Schools shall not be obligated for Vendor/Contractor’s performance hereunder or by any provision of this contract during any of

Onslow County Schools’ future fiscal years unless and until the Board of Education appropriates funds for this contract in the Onslow

County Schools’ budget for each such future fiscal year. In the event that funds are not appropriated for this contract, this contract shall terminate effective June 30 of the last fiscal year for which funds were appropriated. Onslow County Schools shall notify

Vendor/Contractor in writing of any such non-appropriation of funds at the earliest possible date.

5. TAXES: Any applicable taxes shall be invoiced as a separate item.

a. G.S. § 143-59.1 bars the Secretary of Administration 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 quote document the Vendor certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes.

b. All agencies participating in this contract are exempt from Federal Taxes, such as excise and transportation. Exemption forms submitted by the Vendor will be executed and returned by the using agency.

c. Prices offered are not to include any personal property taxes, nor any sales or use tax (or fees) unless required by the North Carolina Department of Revenue.

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

7. GOVERNING LAWS: This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws rules.

8. INSPECTION AT CONTRACTOR’S SITE: Onslow County Schools reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective contractor prior to contract award, and during the contract term as necessary for Onslow County Schools’ 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.

9. PAYMENT TERMS: Onslow County Schools prefers payment to be made when entire purchase order is complete. Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, whichever is later. The using agency is responsible for all payments to the Vendor under the contract. Payment by some agencies may be made by procurement card, if the Vendor accepts that card (Visa, MasterCard, etc.) from other customers, and it shall be accepted by the Vendor for payment under the same terms and conditions as any other method of payment accepted by the Vendor. If payment is made by procurement card, then payment may be processed immediately by the Vendor.

10. AFFIRMATIVE ACTION: The Vendor will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or disability.

PAGE 13 PROPOSAL NO. LM1004S OFFEROR:

11. 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.

12. 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.

The complete product(s) offered herein, and NOT merely its component parts or subsystems, must comply with the above requirement for safety listing. Having the appropriate certification or safety label affixed to any device delivered pursuant to this solicitation, under the conditions described above, is a material condition of any contract awarded as a result of this solicitation. All costs for product and industry certifications and listings, and any other actions required to supply conforming products to Onslow County Schools as described in this RFQ, are the sole responsibility of the Vendor. The certifications or safety label shall be affixed and be visible on the OUTSIDE of all products that require a certification or safety label in order to pass the State Quality Acceptance Inspection.

13. INTELLECTUAL PROPERTY INDEMNITY: Vendor shall hold and save Onslow County Schools, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, resulting from infringement of the rights of any third party in any copyrighted material, patented or unpatented invention, articles, device or appliance delivered in connection with this contract.

14. ADVERTISING: Vendor agrees not to use the existence of this contract or the name of Onslow County Schools as part of any commercial advertising or marketing of products or services. A Vendor may inquire whether Onslow County Schools is willing to act as a reference by providing factual information directly to other prospective customers.

15. ACCESS TO PERSONS AND RECORDS: During and after the term hereof, the State Auditor and any using agency’s internal auditors shall have access to persons and records related to this contract to verify accounts and data affecting fees or performance under the contract, as provided in G.S. § 143-49(9).

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

However, upon written request approved by the issuing purchasing authority and solely as a convenience to the Vendor, Onslow County Schools may:

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

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

In no event shall such approval and action obligate Onslow County Schools to anyone other than the Vendor and the Vendor shall remain responsible for fulfillment of all contract obligations. Upon advance written request, Onslow County Schools may, in its unfettered discretion, approve an assignment to the surviving entity of a merger, acquisition or corporate reorganization, if made as part of the transfer of all or substantially all of the Vendor’s assets. Any purported assignment made in violation of this provision shall be void and considered a material breach of this contract.

17. INSURANCE:

COVERAGE - During the term of the contract, the Vendor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the Vendor shall provide and maintain the following coverage and limits:

a. Worker’s Compensation - The contractor shall provide and maintain Worker’s Compensation Insurance, as required by the laws of North Carolina, as well as employer’s liability coverage with minimum limits of $500,000.00, covering all of Vendor’s employees who are engaged in any work under the contract. If any work is sublet, the contractor shall require the subcontractor to provide the same coverage for any of his employees engaged in any work under the contract.

b. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $500,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.)

c. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles, used in connection with the contract. The Motor Vehicle Insurance Coverage shall be in an amount not less than $300,000 for Bodily Injury, including Accidental Death, to any one person and subject to the same limit for each person, in an amount not less than $500,000 on account of one accident; and Property Damage Insurance Coverage in an amount not less than $100,000/$300,000; Uninsured/Under Insured Motorist Insurance Coverage in an amount not less than $150,000.00 and $2,500.00 medical payment.

REQUIREMENTS: Providing and maintaining adequate insurance coverage is a material obligation of the Vendor and is of the essence of this contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Vendor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits

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of coverage under each insurance policy maintained by the contractor shall not be interpreted as limiting the Vendor’s liability and obligations under the contract. Onslow County Schools will be required to be listed as an additional insured for general liability.

18. GENERAL INDEMNITY: The Vendor shall hold and save Onslow County Schools, 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 that may be injured or damaged by the Vendor in the performance of this contract and that are attributable to the negligence or intentionally tortious acts of the Vendor provided that the Vendor is notified in writing within 30 days that Onslow County Schools has knowledge of such claims.

The Vendor represents and warrants that it shall make no claim of any kind or nature against Onslow County Schools’ agents who are involved in the delivery or processing of contractor goods to Onslow County Schools. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract.

19. REGISTERED E-PROCUREMENT VENDORS:

ELECTRONIC PROCUREMENT (APPLIES TO ALL 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 Vendor 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 GOODS INCLUDED ON 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 fee shall not be stated or included as a separate item on the proposed contract or invoice. There are no additional fees or charges to the Vendor for the services rendered by the Supplier Manager under this contract. Vendor 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 Vendor. Transaction fees are non-refundable when an item is rejected and returned, or declined, due to the Vendor’s failure to perform or comply with specifications or requirements of the contract.

Vendor or its Authorized Reseller, as applicable, will be invoiced monthly for the State’s transaction fee by the Supplier Manager. The transaction fee shall be based on purchase activity for the prior month, or purchases for which the supplier invoice has been paid.

Unless Supplier Manager receives written notice from the Vendor identifying with specificity any errors in an invoice for the transaction fee within thirty (30) days of the receipt of invoice, such invoice shall be deemed to be correct and Vendor shall have waived its right to later dispute the accuracy and completeness of the invoice. Payment of the transaction fee by the Vendor is due to the account designated by the State within thirty (30) days after receipt of the correct invoice for the transaction fee. 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. Pursuant to North Carolina General Statute § 147-86.23, the Service will charge interest and late payment penalties on past due balances. Interest shall be charged at the rate set by the Secretary of Revenue pursuant to N.C.G.S. § 105-241.21 as of the date the balances are past due.

The late payment penalty will be ten percent (10%) of the account receivable. Within thirty (30) days of the receipt of invoice, Vendor may dispute in writing the accuracy of an invoice. No interest shall be charged on disputed and overdue amounts to the extent the State agrees to reduce or adjust the amount in dispute. The Supplier Manager shall provide, whenever reasonably requested by the Vendor in writing (including electronic documents), supporting documentation from the E-Procurement Service that accounts for the amount of the invoice.

The Supplier Manager 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 Supplier Manager will send those orders to the appropriate Vendor on State Contract. Onslow County Schools or State approved user, not the Supplier Manager, shall be responsible for the solicitation, quotes received, evaluation of quotes received, award of contract, and the payment for goods delivered.

Vendor agrees at all times to maintain the confidentiality of its user name and password for the Statewide E-Procurement Services. If Vendor is a corporation, partnership or other legal entity, then the Vendor may authorize its employees to use its password. Vendor shall be responsible for all activity and all charges by such employees. Vendor 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 Vendor’s account, Vendor shall immediately change its password and notify the Supplier Manager of the security breach by e-mail. Vendor shall cooperate with the State and the Supplier Manager to mitigate and correct any security breach.

VENDOR IS AND SHALL REMAIN RESPONSIBLE FOR PAYING THE TRANSACTION FEE ON BEHALF OF ANY SUB- CONTRACTOR OR DEALER INVOLVED IN PERFORMANCE UNDER THIS CONTRACT IN THE EVENT THAT SUCH SUB-

CONTRACTOR OR DEALER DEFAULTS ON PAYMENT.

20. NON-REGISTERED E-PROCUREMENT VENDORS: E-Procurement Rules DO NOT apply.

21. COMPLIANCE WITH LAWS: Vendor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business and performance in accordance with this contract, including those of federal, state and local agencies having jurisdiction and/or authority.

22. ENTIRE AGREEMENT: This contract and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral or written statements or agreements. This contract, any addenda hereto, and the Vendor’s quotes are incorporated herein by reference as though set forth verbatim.

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All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation.

23. AMENDMENTS: This contract may be amended only by written amendments duly executed by Onslow County Schools and the Vendor. The NC Division of Purchase and Contract shall give prior approval to any amendment to a contract awarded through that office.

24. 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 thirty (30) days prior notice in writing to the other party.

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

26. 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 Vendor to other customers.

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

b. Decreases: Onslow County Schools 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 Onslow County Schools reserving the right to accept or reject the increase or cancel the contract. Such action by Onslow County Schools shall occur not later than fifteen (15) days after the receipt by Onslow County Schools of a properly documented request for price increase. Any increases accepted shall become effective not later than thirty (30) days after the expiration of the original fifteen (15) days reserved to evaluate the request for increase.

27. 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 shown on invoice as a separate item.

28. WARRANTY: The Vendor warrants to Onslow County Schools that all equipment furnished under this specification will be new, of good material and workmanship, and agrees to replace promptly any part or parts which by reason of defective material or workmanship shall fail under normal use, free of negligence or accident, for a minimum period of twelve (12) months from date put in operation. Such replacement shall include all parts, labor, and transportation cost to the location where equipment is down, free of any charge to the owner or his representative.

29. REGISTERED SEX OFFENDERS: Vendor acknowledges that Onslow County Schools prohibits anyone registered or required to register as a sex offender from being present on any Onslow County Schools property for any reason, whether before, during or after school hours. Vendor expressly agrees that it, and any of its employees, will comply with this policy and acknowledges that any individuals that violate this policy are subject to removal from Onslow County Schools’ property by Onslow County Schools and/or law enforcement officials and may also be subject to criminal prosecution. Vendor could be removed from additional opportunities that may become available with Onslow County Schools.

If Vendor, any of Vendor’s employees, or any of Vendor’s subcontractors or employees of subcontractors will have any direct interaction with students, then Vendor or the subcontractor must (i) on an annual basis conduct a check of the N.C.