LEXINGTON CITY SCHOOLS

THRIVE IN THE HIVE

REQUEST FOR PROPOSAL

RFP# 906-52-2027-001 LCS

NOTICE IS HEREBY GIVEN that the School Nutrition Department of Lexington City Schools (hereafter called the “District”) invites qualified persons or firms interested in dining room tables and seating of the Lexington Senior High School cafeteria. The requirements for submitting a proposal are stated in the attached Request for Proposals # 906-52-2027-001 LCS (the "RFP"). Please review this document carefully.

LSHS CAFE DESIGN

SEALED PROPOSALS FOR PROVIDING THE PRODUCTS DESCRIBED HEREIN MUST BE RECEIVED

NO LATER THAN: 3:00 P.M. October 1, 2026. PROPOSALS SUBMITTED AFTER THAT TIME AND DATE

WILL BE REJECTED.

ALL PROPOSALS WILL BE SUBMITTED TO THE FOLLOWING ADDRESS:

Lexington City Schools - School Nutrition Attn: Katelyn Brown 1010 Fair Street Lexington, NC 27292

All inquiries for information regarding preparation and submission requirements of this proposal shall be in writing and directed to:

Director of School Nutrition: Katelyn Brown kgbrown@lexcs.org Lexington City Schools 1010 Fair Street Lexington, NC 27292

All other communication and questions regarding this RFP must be directed to the above person. No other contact with any member of the Board of Education, any administrators, staff or employees of the District is permitted before or after completion of the RFP process. Failure to follow this directive or any attempt to contact or influence any such person may result in rejection or disqualification of proposal. If a bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the bidder should immediately notify the above named individual of such error and request modification or clarification of the RFP document

All responses to written requests for information and questions will be in writing and will be sent to all known interested parties. Oral responses will be considered unauthorized and non-binding to the District.

(336) 242-1527 (336) 249-3206 www.lexcs.org

@LCSJackets @lcsspotlight Icsjackets Lexington City Schools, NC

1010 Fair Street Lexington, NC 27292

NOTICE TO BIDDERS

The Board of Education of the City of Lexington (hereinafter called the “District”) is seeking proposals from persons or firms qualified and experienced in dining room tables and seating for public facilities or school cafeterias. Students have demonstrated that learning is enhanced after completion of a healthy meal; therefore, the School Nutrition Department is dedicated to providing all students a nutritious and complete meal in a comfortable and appealing environment.

The specific details shown herein shall be considered minimum unless otherwise shown. The specifications, terms, and conditions included with this RFP shall govern in any resulting contract(s) unless approved otherwise in writing by the Lexington City Board of Education. The bidder consents to personal jurisdiction and venue in a state court of competent jurisdiction in Davidson County, North Carolina.

Sealed proposals are subject to the conditions made a part hereof, will be received at: 1010 Fair St. Lexington, NC 27292 until 3:00 pm (ET) October 1, 2026. Proposals shall be clearly marked with the Lexington City Schools’ Proposal name and number submitted by the deadline identified above. Late Proposals and Proposals submitted via fax or email will not be accepted.

PROPOSAL PREPARATION AND SUBMISSION

Proposals entitled for consideration must be made to Lexington City Schools in accordance with the following:

1. Proposals must be printed in a font no smaller than 11 point on 8 ½” x 11” paper.

2. Proposals, along with all required documents, must be submitted in the manner described herein.

3. By responding to the RFP, the proposer certifies that it has not communicated with any employee or member of the District in a manner that might provide the proposer an advantage over any other proposer. A violation of the foregoing is cause for rejection of that particular Proposal without further consideration.

4. By submitting a Proposal, proposer certifies that he/she understands, agrees with, and will abide by, the terms and conditions set forth in this RFP.

5. All costs incurred by the proposer in the preparation of a Proposal responding to this RFP are the responsibility of the proposer and will not be reimbursed by the District.

Proposals are not to contain confidential/proprietary information. Lexington City Schools is subject to North Carolina Public Records statutes. Proposals must contain sufficient information to be evaluated without reference to any confidential or proprietary information. Any Proposal submitted that is marked “confidential” or “proprietary,” or that contains materials so marked, may be returned to the proposer and not be considered for award.

Copies of the RFP may be obtained from the Lexington City Schools website by clicking the following link:

https://www.lexcs.org/page/bids or visiting our website at www.lexcs.org.

(336) 242-1527 (336) 249-3206 www.lexcs.org

@LCSJackets @lcsspotlight Icsjackets Lexington City Schools, NC https://www.lexcs.org/page/bids http://www.lexcs.org

CONTRACT TERMS

Effective October 14, 2026

OBJECTIVE

To transform the cafeteria area into an attractive dining area with dining room tables and seating. The School Nutrition Department wishes to provide a comfortable atmosphere where students can enjoy eating in a pleasant dining area of which they can be proud. School colors and mascot should be included and should be age appropriate for high school students.

SCHEDULE OF EVENTS

DATE EVENT

September 2, 2026 Contractor site visit completed

October 1, 2026 Due date for proposals (preliminary design)

October 2, 2026 Evaluation of proposals

October 13, 2026 LCS Board of Education approval

October 14, 2026 Notification to awarded contractor

SUBMISSION REQUIREMENTS

The successful bidder shall perform the following phases:

1. Site Visit and Information Gathering

2. Preliminary Design

3. Revisions to Preliminary Design

4. Final Design and Plan Production

5. Production, Delivery and Installation Services

6. Project Management

PROPOSAL FORMAT

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Prefacing the proposal, the offer shall provide an Executive Summary of two (2) pages or less, which gives in brief, concise terms, a summation of the proposal. The proposal itself shall be organized in the following format and informational sequence:

A. Full name and address of the contractor submitting the proposal and a brief summary of the contractor's corporate experience and individual experience for personnel who will provide the product or service.

B. A list of at least three (3) references from current customers. Each reference must contain the reference’s name, address, and telephone number for point of contact.

C. Executed copies of certifications included at the end of this RFP.

Forms attached.

Attachment A.….Evidence of Insurance

Attachment B…...Vendor Data Sheet

Attachment C……Reference Data Sheet

Attachment D……NC Lunsford Act

Attachment E……HUB Certification (32.7)

Attachment F……Certification of Contracts, Grants, Loans, Cooperative Agreements and Lobbying

Attachment G……Certification Regarding Debarment, Suspension and Other

SCOPE OF WORK

1. The selected bidder will provide dining room tables and seating.

2. The selected bidder should also reflect school pride and age appropriate.

3. The selected bidder will reorganize existing spaces and make updates to better reflect current and emerging customer expectations and operating models.

PHASE I - Site Visit and Information Gathering

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The bidder will gather and complete field dimensions for dining room tables and seating placement.

PHASE II - Preliminary Design

The bidder will prepare and present the following:

a. Overall project plan

b. Line drawings of sections and details (may use actual photographs to depict images or color changes)

PHASE III - Final Design and Plan Production

The selected bidder will coordinate all final documents, drawings and bid details.

PHASE IV - Delivery and Installation

The selected bidder will deliver all materials and provide complete installation services as required to complete the Project.

PHASE V – Project Management and Payment for Services Rendered Project management should include a detailed timeline as needed for successful completion of the project.

Payment to the successful bidder will be made within 30 days of the completion of the installation.

PREPARING AND SUBMITTING A PROPOSAL

General Instructions:

The evaluation and selection of a contractor(s) will be based upon the vendor’s proposal, products, and references.

Failure to respond to each of the requirements in the RFP may be the basis for rejecting the proposal. Elaborate proposals (e.g. expensive artwork) beyond that sufficient to present a complete and effective proposal are not necessary or desired.

Right to Reject Proposals and Negotiate Contract Terms

The LCS Board of Education reserves the right to reject any and all proposals and to waive minor irregularities and technicalities. The judgment of the LCS Board of Education on such matters shall be final. LCS Board of Education further retains the right to negotiate the terms of the contract, including the award amount, with the selected proposer prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposer, the District may negotiate a contract with the next highest scoring proposer.

SELECTION PROCESS

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Award will be made to the firm submitting the best response proposal satisfying the areas of experience, financial stability, cost, and service capabilities based on the following criteria:

15 Points Experience - documented experience in educational (grades 9-12) environment 30 Points Financial Proposal - fees for providing product or service 55 Points Dining room tables and seating - age-appropriate and school colors reflected

Bidders are required to submit a presentation book to specify the design plan. One electronic copy of the presentation book must also be included on a flash drive. Contractors may also send actual samples of the materials that they plan to use.

PROPOSALS FINAL

All proposals received shall be deemed final, conclusive and irrevocable, and no proposal shall be subject to correction or amendment for any error or miscalculation.

ACCEPTANCE AND REJECTION

Lexington City Schools reserves the right to accept or reject any or all proposals presented, and the right to waive any informalities or irregularities it deems is in the best interest of the District.

Proposals will be accepted at the above stated time and place; however, no commitment will be made at that time. All proposals will be evaluated for pricing, specifications and other pertinent information. Any nonconforming or incomplete proposals may be rejected. Bidders must comply with the instructions contained in the proposal package.

If the contractor cannot meet any of the specifications, expectations or services in the RFP, or takes exception to any of the terms or conditions presented, these exceptions should be distinctly noted in the appropriate sections. If no exceptions are noted, Lexington City Schools will assume full capabilities and agreement to expectations.

CONTRACT AWARD

As provided by Statute, the award will be based on the lowest and best bid(s) most advantageous to The LCS Board of Education. It is not the policy of LCS to purchase on the basis of low bid price alone. All bid items are subject to evaluation and approval by LCS. In evaluating the bids received and determining the best overall value LCS may consider any combination of the following criteria:

1- Prices offered

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2- References provided for proposed service

3- General design and functionality of submission

The Board of Education must formally approve the award of any contract(s). The successful Proposer will be required to enter into a written contract with the District which will include, but is not limited to, the Products described herein and the contract provisions included herein, all of which shall be subject to review by the district’s legal counsel.

FINANCING

Lexington City Schools will not accept 3rd party leasing.

PURCHASE ORDER NOTIFICATION

The awarded vendor will be notified of the Purchase Order from the LCS School Nutrition Department via email.

LCS has the right to cancel the contract if the contractor fails to perform. The cancellation will provide 45 days’ notice during which time both parties will continue to uphold the terms of the contract.

LCS has the right to cancel the contract without cause if deemed in the best interest of the District. The cancellation will provide 90 days’ notice during which time both parties will continue to uphold the terms of the contract.

INSURANCE

The successful Proposer will be expected to provide the following types of insurance with the described limits:

● Comprehensive General Liability (Including Contractual Liability)

○ $1,000,000 per person per occurrence

○ $1,000,000 property damage per occurrence

○ $1,000,000 aggregate all claims per occurrence

● Worker’s Compensation -as required by law

● Employer’s Liability -$1,000,000 per occurrence

● Automotive Liability -$1,000,000 per occurrence

BILLING

Invoices should be sent directly to

Lexington City Schools School Nutrition Department 1010 Fair Street

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@LCSJackets @lcsspotlight Icsjackets Lexington City Schools, NC

Lexington, NC 27292

VENDOR RESPONSIBILITIES

Organization Capabilities: Provide a brief history of the company and the present organizational structure of the firm describing the management organization and this project’s coordination structure

Staff Qualifications: Provide a brief description for each of the key staff who would be assigned to the project with years of experience with your company. Indicate who will be the company’s primary contacts. Attachment B

Proposer References: Proposers must include in their RFPs a list of three organizations, including points of contact (name, address, fax number, e-mail address and telephone number), which can be used as references for work performed in the area of service required. The organizations should be similar in size and nature to the LCS School Nutrition Department. A brief description of the services provided shall accompany each reference. Selected organizations may be contacted to determine the quality of work performed and personnel assigned to the project. The results of the references will be used in scoring the written proposals. Attachment C

Methodology: The vendor shall describe in detail the methodology and procedures that will be used to meet the requirements of the RFP. This should include planning, coordination, problem solving, and technical assistance support.

ADDITIONAL AREAS OF REGULATORY COMPLIANCE

● The contractor shall comply with all rules and regulations related with equal employment opportunities, Affirmative Action Programs and the American Disabilities Act.

● The contractor must pay all federal, state, and FICA maintain appropriate insurance coverage including Workmen’s Compensation.

● The Contractor’s personnel are to present a professional appearance at all times while on school property.

Personnel shall be neat, clean, well groomed, properly uniformed and conduct themselves in a respectable and courteous manner while performing duties at any of the School District facilities.

● The Contractor’s personnel are forbidden to consume alcohol, use tobacco, or possess firearms on school property at any time.

● The employment of unauthorized aliens by the Contractor is considered a violation of Section 247A (e) of the Immigration Reform and Control Act of 1986. If the Vendor knowingly employs unauthorized aliens, such a violation shall also be cause for cancellation of the Contract.

● Contractor shall comply with all Terms and Conditions of LCS Board of Education as identified in Attachment A and shall provide a Certificate of Insurance as proof of compliance with insurance requirements.

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● LUNSFORD ACT. The Contractor acknowledges that N.C. General Statute 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. This prohibition applies to persons required to register under Article 27A who have committed any offense in Article 7A of Chapter 14 or any offense where the victim of the offense was under the age of 16 years at the time of the offense. Attachment D.

● The Contractor awarded the Contract must comply with the State of North Carolina Conflict of Interest requirement as defined in General Statute Chapter 14-234.

● N.C. Law Clause: Upon award of a contract under this bid, the person, partnership, association, or corporation to whom the award is made must comply with the laws of North Carolina which require such person or entity to be authorized and/or licensed to do business in this State. Notwithstanding the fact that applicable statutes may exempt or exclude the successful bidder from requirements that it be authorized and/or licensed to do business in this State, by submission of this signed bid, the successful bidder agrees to subject him/herself to the jurisdiction and process of the courts of the State of North Carolina as to all matters and disputes arising or to arise under the contract and the performance thereof, including any questions as to the liability for taxes, licenses, or fees levied by the State.

● Hold Harmless: The contractor shall hold the district harmless from any and all damages and claims that may arise by reason of any negligence on the part of the contractor, his agents or employees in the performance of the contract.

● Competition: This solicitation is intended to promote competition. If the language, specifications, terms, and conditions, or any combination thereof restricts or limits the requirements in this solicitation to a single source, it must be the responsibility of the interested contractor to notify the School Nutrition director for the school district in writing so as to be received five (5) days prior to the opening date. The solicitation may or may not be changed but a review of such notification will be made prior to award.

● Non-Collusive Clause: By signing this document, the contractor certifies that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same items, and is in all respects fair and without collusion or fraud. The contractor certifies that collusive bidding is a violation of federal law and can result in fines, prison sentences and civil damage awards.

● Retention of Records: The contractor agrees to retain all books, records, and other documents relative to this agreement for three (3) years after final payment. The district, its authorized agents and/or federal/state representatives shall have full access to, and the right to examine any of said materials during said period. If an investigation or audit is in progress, records shall be maintained until stated matter is closed.

● Drug Free Workplace Act: The contractor must comply with all terms and conditions of the Drug Free Workplace Act, S.C. CODE ANN. 44-107-10 et seq. (1976, as amended), if this contract is for a stated or estimated value of $50,000 or more.

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● Bids that have been certified by the North Carolina Department of Administration as Historically Underutilized

Business (HUB) Entities are required to indicate their HUB status when responding to the RFP. The Vendor shall submit evidence of HUB Certification in Attachment E.

● Submission of Certification of Contracts, Grants, Loans, Cooperative Agreements and Lobbying is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31 U.S. Code. Any Vendor who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Certification should be provided in Attachment F.

● The Contractor is required to complete, sign and attach the Debarment and Suspension Certification Form after accessing North Carolina Department of Administration website and checking the debarment section at http://www.doa.state.nc.us/PandC/actions.asp . The signed form should be included as Attachment G.

CONDITIONS

The resulting contract(s) will be subject to the availability for funding and shall be terminated immediately if for any reason the funding budgeted to satisfy this RFP and/or Agreement is withdrawn, limited, or impaired. Any additional services added to the contract would also terminate on the same date as the original contract. The contractor will not increase the agreed upon rate during the term of the contract.

WARRANTY

Contractor warrants that all services covered by this agreement will be completed within guidelines set forth by the State of North Carolina and other local guidelines adopted by the District.

INSURANCE

Contractor must maintain occurrence-based insurance including comprehensive general liability, and if applicable Worker’s Compensation and Employer’s Liability in the amounts described herein. Such insurance shall be provided by insurance companies authorized to do business in the State of North Carolina. The District shall be included as an additional insured on all required insurance policies, except Worker’s Compensation and Employer’s Liability, with respect to the liability arising out of the performance of Contractor’s services under this agreement.

Certificates of insurance of Contractor’s insurance coverage shall be furnished to the District at the time of commencement of the Products. All such insurance shall provide for notice of cancellation of insurance policies thirty

(30) days before such cancellation is to take effect.

REPORTING

During the term of this Agreement, Contractor shall report to, and confer with the District’s Director of School Nutrition and/ or her designee on a regular basis, and as may be reasonably requested, concerning the services provided by Contractor and issues related to such services.

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LICENSES AND PERMITS

Contractor shall obtain at Contractor’s expense all licenses and permits necessary to provide the required services.

INDEMNITY

Contractor agrees to indemnify and hold harmless the District and the members of the Board of Education, and the District’s officers, employees, servants and agents from and against any and all liabilities, losses, damages, cost and expense of any kind (including, without limitation, reasonable legal fees and expenses in connection with any investigative, administrative or judicial proceeding, whether or not designated a party hereto) which may be suffered by incurred by or threatened against the District on account of or resulting from injury, or claim of injury, to person or property arising from Contractor’s actions or omissions relating to this Agreement, or arising out of Contractor’s breach or failure to perform any term, covenant, condition or agreement herein provided to be performed by Contractor.

GOVERNING LAW-JURISDICTION

This agreement shall be governed, construed and interpreted under North Carolina law, and shall be deemed to be executed and performed in the County of Davidson, North Carolina. Any legal action arising out of, or relating to this agreement shall be governed by the laws of the State of North Carolina, and the parties agree to the exclusive exercise of jurisdiction and venue over them by a court of competent jurisdiction located in the County of Davidson, NC.

INDEPENDENT CONTRACTOR

The District and Contractor agree that Contractor will act for all purposes as an independent contractor and not as an employee, in the providing of the Products, and in the performance of Contractor’s duties under this Agreement.

Accordingly, Contractor shall be responsible for payment of all taxes, including federal, state, and local taxes arising out of Contractor’s products, including by way of illustration but not limitation, federal and state income tax, social security tax, unemployment insurance taxes, and any other taxes. In addition, Contractor and Contractor’s employees shall not be entitled to any vacation, insurance, health, welfare, or other fringe benefits provided by the District.

Contractor shall have no authority to assume or incur any obligations or responsibility, nor make any warrants for or on behalf of the District or to attempt to bind the District.

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ATTACHMENT A

EVIDENCE OF INSURANCE (2.8)

Attach copy, or evidence, of required Property, Liability and Worker’s Compensation Insurance.

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RETURN THIS DOCUMENT IN SEALED PROPOSAL PACKET

ATTACHMENT B

VENDOR DATA SHEET

1. Proposing Company Name

Telephone Toll Free Telephone Fax

Address:

City: State: Zip + Four:

Federal Employee Identification Number (FEIN):

E-mail Address: ___________________________________________

2. Contact Person in the event there are questions about your proposal

Name: Title:

Telephone: Toll Free Telephone:

Address:

City: State: Zip + Four:

E-mail Address: ___________________________________________

3. Mailing address where District purchase orders/contracts are to be mailed and person the Department can contact concerning orders and billing.

Name: Title:

Telephone: Toll Free Telephone:

Address:

City: State: Zip + Four:

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ATTACHMENT C

REFERENCE DATA SHEET

FOR VENDOR:

Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) used for three (3) or more installations/services with requirements similar to those included in this solicitation document. If the vendor is proposing any arrangement involving a third party, the named references should also be involved in a similar arrangement.

Company Name:

Address:

E-mail:

Telephone: Contact Person:

Facsimile:

Product(s) and/or Service(s) Used: _____________________________________________________ Dollar Volume $ Number of sites ______________________________________________________________________

Company Name:

E-mail:

Telephone: Contact Person:

Facsimile:

Product(s) and/or Service(s) Used:

Dollar Volume $

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E-mail:

Telephone: Contact Person:

Facsimile:

Product(s) and/or Service(s) Used:

Dollar Volume $ _____________________________________________________________________

Telephone: Contact Person:

Facsimile:

Product(s) and/or Service(s) Used:

Telephone: Contact Person:

Facsimile:

Product(s) and/or Service(s) Used:

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ATTACHMENT D

NC LUNSFORD ACT N.C. General Statute 14-208.18

The Contractor acknowledges that N.C. General Statute 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. This prohibition applies to persons required to register under Article 27A who have committed any offense in Article 7A of Chapter 14 or any offense where the victim of the offense was under the age of 16 years at the time of the offense.

CRIMINAL BACKGROUND CHECKS: The Contractor shall conduct criminal background checks on each of its employees who, pursuant to this Agreement, engage in any services on LCS District property. The Contractor shall provide documentation that criminal background checks were conducted on each of its employees prior to hiring, and shall refuse employment to any person convicted of a felony or any other crime, whether misdemeanor or felony, that indicates the person poses a threat to the physical safety of students, school personnel or others. Such check shall include an annual check of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry. Contractor shall not assign any employee or agent to provide services pursuant to this contract if (1) said worker appears on any of the listed registries; (2) said worker has been convicted of a felony; (3) said worker has been convicted of any crime, whether misdemeanor or felony, involving sex, violence, or drugs; or (4) said worker has engaged in any crime or conduct indicating that the worker may pose a threat to the safety or well-being of student or school personnel. LCS reserves the right to prohibit any individual employee of Contractor from providing services on School District property or at any School District events if the School District(s) determines, in its sole discretion, that such employee poses a threat to the safety or well-being of students, school personnel or others.

By signing this form the Vendor agrees they conduct criminal background checks and do not hire a person convicted of a felony or any other crime, whether misdemeanor or felony, that indicates the person poses a threat to the physical safety of students, school personnel or others.

Also that the manufacturer conducts an annual check of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry for persons employed by the company.

Company Name (Print)

Authorized Signature Date

Printed Name

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ATTACHMENT E

HUB Certification (32.7) Historically Underutilized Business (HUB) Certification

Companies submitting Bids that have been certified by the North Carolina Department of Administration as Historically Underutilized Business (HUB). Entities are encouraged to indicate their HUB status when responding to this IFB.

Yes, I certify that my company has been certified by the North Carolina Department of Administration as Historically Underutilized Business (HUB), and I have attached a copy of our HUB certification to this form. (Required documentation for recognition as a HUB).

Check all that apply:

_____Minority

_____Small Business

_____Women Owned

Company Name (Print)

Signature of Authorized Representative

No, My Company has NOT been certified by North Carolina as a Historically Underutilized Business (HUB)

Company Name (Print)

Signature of Authorized Representative

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ATTACHMENT F

Certification of Contracts, Grants, Loans, Cooperative Agreements and Lobbying (32.8)

The undersigned certifies, to the best of his or her knowledge and belief that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal Contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form –LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-Contracts, sub-grants and Contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of the certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Company Name (Print)

Authorized Signature Date

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RETURN THIS DOCUMENT IN SEALED PROPOSAL PACKET ATTACHMENT G

Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions

(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

(a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

(b) have not within a three-year period preceding this bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity

(Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and

(d) have not within a three-year period preceding this application/bid had one or more public transactions

(Federal, State or Local) terminated for cause or default.

(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid.

Company Name (Please Print)

Signature of Authorized Representative Date

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Instructions for Certification

1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out in this document in accordance with these instructions.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this bid is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "bid," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this bid is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Form AD-1048 (2/89)

(336) 242-1527 (336) 249-3206 www.lexcs.org

@LCSJackets @lcsspotlight Icsjackets Lexington City Schools, NC

STANDARD TERMS AND CONDITIONS

1. Acceptance. Seller’s acknowledgment of the terms of this Contract constitutes an agreement to (i) all terms and conditions set forth or referenced herein, (ii) on any attachments hereto, (iii) any applicable solicitation documentation related to this Contract (including without limitation any request for proposals or invitation for bids or Seller’s response thereto) that deal with the same subject matter as this Contract, and (iv) any other terms and conditions of a written agreement signed by Seller and the LCS BOARD OF EDUCATION that deals with the same subject matter as this Contract (collectively, the “Contract Documents”). The terms and provisions set forth in the Contract Documents shall constitute the entire agreement between Seller and LCS BOARD OF EDUCATION with respect to the purchase by LCS BOARD OF EDUCATION of the (i) goods (“Goods”) and/or (ii) services provided or work performed (“Services”) as described in the Contract Documents. The agreements set forth in the Contract Documents are sometimes referred to herein as the “Contract.” In the event of any conflict between any terms and conditions of the Contract Documents, the terms and conditions most favorable to LCS BOARD OF EDUCATION shall control. No additional or supplemental provision or provisions in variance herewith that may appear in Seller's quotation, acknowledgment, invoice or in any other communication from Seller to LCS BOARD OF EDUCATION shall be deemed accepted by or binding on LCS BOARD OF EDUCATION. LCS BOARD OF EDUCATION hereby expressly rejects all such provisions which supplement, modify or otherwise vary from the terms of the Contract Documents, and such provisions are superseded by the terms and conditions stated in the Contract Documents, unless and until LCS BOARD OF EDUCATION’s authorized representatives expressly assent, in writing, to such provisions.

Stenographic and clerical errors and omissions by LCS BOARD OF EDUCATION are subject to correction.

2. Quantities. Shipments must equal exact amounts ordered unless otherwise agreed in writing by LCS BOARD OF EDUCATION. The award of a term contract neither implies nor guarantees any minimum or maximum purchases.

3. Prices. If Seller's price or the regular market price of any of the Goods or Services covered hereunder is lower than the price stated in the Contract Documents on the date of shipment of such Goods or Services, Seller agrees to give LCS BOARD OF EDUCATION the benefit of such lower price on any such Goods or Services. In no event shall Seller’s price be higher than the price last quoted or last charged to LCS BOARD OF EDUCATION unless otherwise agreed in writing. No charges for transportation, boxing, crating, etc. are allowable unless such charges are included in the Contract Documents.

4. 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 Seller to other customers.

a. Notification: Must be given to LCS BOARD OF EDUCATION in writing concerning any proposed price adjustments.

Such notification shall be accompanied by a copy of manufacturer’s official notice or other acceptable evidence that the change is general in nature.

b. Decreases: LCS BOARD OF EDUCATION 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 LCS BOARD OF EDUCATION reserving the right to accept or reject the increase, or cancel the Contract. Such action by LCS BOARD OF EDUCATION shall occur not later than 15 days after the receipt by LCS BOARD OF EDUCATION of a properly documented request for price increase. Any

(336) 242-1527 (336) 249-3206 www.lexcs.org

@LCSJackets @lcsspotlight Icsjackets Lexington City Schools, NC increases accepted shall become effective not later than 30 days after the expiration of the original 15 days reserved to evaluate the request for increase.

5. Invoices: It is understood and agreed that orders will be shipped at the established Contract prices in effect on dates orders are placed. Invoicing at variance with this provision will subject the Contract to cancellation. Applicable North Carolina sales tax shall be invoiced as a separate item. Invoices shall be sent to LCS BOARD OF EDUCATION’s accounts payable department with a copy to the LCS BOARD OF EDUCATION Project Coordinator.

6. Freight on Board. All shipments of Goods are freight on board destination unless otherwise stated in the Contract Documents.

7. Taxes. Any applicable taxes shall be invoiced as a separate item.

8. Payment Terms. Payment terms are Net 30 days after receipt of correct invoice or acceptance of Goods or Services, whichever is later.

9. 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.

10. Delays in Shipment. Time and date of delivery are of the essence, except when delay is due to causes beyond Seller's reasonable control and without Seller’s fault or negligence.

11. Risk of Loss. Seller shall have the risk of loss of and damage to the Goods subject to the Contract Documents until such Goods are delivered to the destination and accepted by LCS BOARD OF EDUCATION or its nominee.

12. Rejection. All Goods and Services shall be received subject to LCS BOARD OF EDUCATION's inspection. Goods or Services that are defective in workmanship or material or otherwise not in conformity with the requirements of the Contract Documents may be rejected and returned at Seller's expense or may be accepted at an appropriate reduction in price. LCS BOARD OF EDUCATION may require Seller to promptly replace or correct any rejected Goods or Services and, if Seller fails to promptly replace or correct such Goods or Services, LCS BOARD OF EDUCATION may contract with a third party to replace such Goods and Services and charge Seller the additional cost.

13. Compliance with All Laws. Seller warrants that all performance hereunder shall be in accordance with all applicable federal, state and local laws, regulations and orders.

14. Warranties. Seller warrants that all Goods and Services delivered hereunder will be free from defects in materials and workmanship and will conform strictly to the specifications, drawings, or samples specified or furnished. This warranty shall survive any inspection, delivery, acceptance or payment by LCS BOARD OF EDUCATION of the Goods and Services and shall run to LCS BOARD OF EDUCATION and any user of the Goods or Services. This express warranty is in addition to Seller’s implied warranties of merchantability and fitness for a particular purpose which shall not be disclaimed. In addition to any other rights available at law or equity, LCS BOARD OF EDUCATION shall be entitled to all rights and remedies provided by the Uniform Commercial Code, Chapter 25 of the North Carolina General Statutes, for breach of express warranties and implied warranties of merchantability or fitness for a particular purpose, including but not limited to consequential and incidental damages.

15. Indemnification. Seller shall indemnify and hold harmless LCS BOARD OF EDUCATION, its officers, agents, employees and assigns from and against all claims, losses, costs, damages, expenses, attorneys' fees and liability that any of them may sustain (a) arising out of Seller's failure to comply with any applicable law, ordinance, regulation, or industry standard or (b) arising directly or indirectly out of Seller's performance or lack of performance of the terms and conditions of the Contract.

(336) 242-1527 (336) 249-3206 www.lexcs.org

@LCSJackets @lcsspotlight Icsjackets Lexington City Schools, NC

In the event that any Goods or Services sold and delivered or sold and performed under the Contract Documents shall be defective in any respect whatsoever, Seller shall indemnify and save harmless LCS BOARD OF EDUCATION, its officers, agents, employees and assigns from all loss or the payment of all sums of money by reason of all accidents, injuries or damages to persons or property that shall happen or occur in connection with the use or sale of such Goods or Services and are contributed to by said condition. In the event Seller, its employees, agents, subcontractors and or lower-tier subcontractors enter premises occupied by or under the control of LCS BOARD OF EDUCATION in the performance of the Contract Documents, Seller agrees that it will indemnify and hold harmless LCS BOARD OF EDUCATION, its officers, agents, employees and assigns, from any loss, costs, damage, expense or liability by reason of property damage or personal injury of whatsoever nature or kind arising out of, as a result of, or in connection with such entry.

16. Insurance. Unless such insurance requirements are waived or modified by LCS BOARD OF EDUCATION or the Iredell County Department of Insurance and Risk Management (“DIRM”), Seller certifies that it currently has and agrees to purchase and maintain during its performance under the Contract the following insurance from one or more insurance companies acceptable to LCS BOARD OF EDUCATION and authorized to do business in the State of North Carolina:

Automobile - Seller shall maintain bodily injury and property damage liability insurance covering all owned, non-owned and hired automobiles. The policy limits of such insurance shall not be less than $1,000,000 combined single limit each person/each occurrence. Commercial General Liability - Seller shall maintain commercial general liability insurance that shall protect Seller from claims of bodily injury or property damage which arise from performance under the Contract.

This insurance shall include coverage for contractual liability. The policy limits of such insurance shall not be less than $1,000,000 combined single limit each occurrence/annual aggregate. Worker's Compensation and Employers' Liability Insurance - If applicable to Seller, Seller shall meet the statutory requirements of the State of North Carolina for worker's compensation coverage and employers' liability insurance. Seller shall also provide any other insurance or bonding specifically recommended in writing by the DIRM or required by applicable law. Certificates of such insurance shall be furnished by Seller to LCS BOARD OF EDUCATION and shall contain the provision that LCS BOARD OF EDUCATION be given 30 days' written notice of any intent to amend or terminate by either Seller or the insuring company. Failure to furnish insurance certificates or to maintain such insurance shall be a default under the Contract and shall be grounds for immediate termination of the Contract.