RFP # 2026-4 Nursing Services Bid Package.pdf

Board of Public Education Amy Lynn Holt, Chairperson

Dr. Kathy Revis, Vice Chairperson Beth Campbell

Stephanie Cantwell Blair Craven Shelia Dale

Alyssa Norman

414 Fourth Avenue West, Hendersonville, NC 28739-4261 Mark R. Garrett, Superintendent

HENDERSON COUNTY PUBLIC SCHOOLS

REQUEST FOR PROPOSALS (RFP) RFP # 2026-04

TITLE / SERVICES: Nursing Services

USING AGENCY: Henderson County Public Schools (HCPS)

ISSUE DATE: March 24, 2026

NOTICE: THIS IS A FEDERAL FUNDED SOLICITATION

This Request for Proposal (RFP) is a solicitation for services requiring the expenditure of Federal Financial Assistant funding. Contracts funded with federal grant or loan funds must be procured in a manner that conforms with all applicable Federal laws, policies, and standards, including those under the Uniform Guidance (2 C.F.R. Part 200). Contract Provisions are included in this RFP and may also be found at: https://www.hendersoncountypublicschoolsnc.org/finance/files/2021/11/Henderson-County- Public-Schools-Uniform-Guidance-UG-and-FEMA-Conract-Porvisions-2021-11-V2_ADA.pdf

BID DEADLINE: Sealed Proposals subject to the conditions made a part hereof will be received until 2:00 p.m., Thursday, April 23 2026, at the Henderson County Public Schools Administration Building, 414 Fourth Avenue West, Hendersonville, NC 28739, at which time they will be publicly opened and read. Proposals that are not sealed will be not accepted.

IMPORTANT NOTE: Indicate firm name and RFP number on the front of each proposal envelope or package, along with the date for receipt of proposals specified above.

Bids submitted via telegraph, facsimile (FAX) machine, telephone, and electronic means, including but not limited to e-mail, in response to this Request for Proposals will not be accepted.

Bids submitted after the above referenced deadline will not be accepted under any circumstance.

DELIVER ALL PROPOSALS DIRECTLY TO THE ISSUING AGENCY ADDRESS AS SHOWN BELOW:

DELIVERED BY US POSTAL SERVICE HAND DELIVERY

RFP #: 2026-04 SEALED BID RFP #: 2026-04 SEALED BID

Henderson County Public Schools Henderson County Public Schools 414 Fourth Avenue West 414 Fourth Avenue West Hendersonville, NC 28739 Hendersonville, NC 28739 Attention: Joni Huchzermeier/Purchasing Dept. Attention: Joni Huchzermeier/Purchasing Dept.

BID QUESTIONS:

Questions concerning the specifications in this Request for Proposals will be received no later than Noon on Monday, April 13, 2026. If any modifications to the specifications are necessary, an addendum will be posted to the Henderson County Public Schools website.

https://www.hendersoncountypublicschoolsnc.org/finance/purchasing/

Direct all questions concerning this RFP in writing to: jdhuchzermeier@hcpsnc.org https://www.hendersoncountypublicschoolsnc.org/finance/files/2021/11/Henderson-County-Public-Schools-Uniform-Guidance-UG-and-FEMA-Conract-Porvisions-2021-11-V2_ADA.pdf https://www.hendersoncountypublicschoolsnc.org/finance/files/2021/11/Henderson-County-Public-Schools-Uniform-Guidance-UG-and-FEMA-Conract-Porvisions-2021-11-V2_ADA.pdf https://www.hendersoncountypublicschoolsnc.org/finance/purchasing/ mailto:jdhuchzermeier@hcpsnc.org

THE PROCUREMENT PROCESS

The following is a general description of the process by which a firm will be selected to provide services.

1. Request for Proposals (RFP) is issued to prospective contractors.

2. A preproposal conference (if applicable) and/or deadline for written questions is five days prior to due date.

3. Proposals in one original will be received from each offeror in a sealed envelope or package. The original shall be signed and dated by an official authorized to bind the firm. Unsigned proposals will not be considered.

4. All proposals must be received by the issuing agency not later than the date and time specified on the cover sheet of this RFP.

5. At that date and time, the package containing the proposals from each responding firm will be opened. The purchasing division will furnish bid tabs upon request.

6. At their option, the evaluators may request oral presentations or discussion with any or all offerors for the purpose of clarification or to amplify the materials presented in any part of the proposal. However, offerors are cautioned that the evaluators are not required to request clarification; therefore, all proposals should be complete and reflect the most favorable terms available from the offeror.

7. Proposals will be evaluated according to completeness, content, cost, experience with similar projects, and ability of the offeror and its staff. Award of a contract to one offeror does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous to Henderson County Public Schools.

8. Offerors are cautioned that this is a request for offers, not a request to contract, and the Henderson County

Public Schools reserves the right to reject any and all offers when such rejection is deemed to be in the best interest of Henderson County Public Schools for sound documented reasons.

GENERAL INFORMATION ON SUBMITTING PROPOSALS

1. EXCEPTIONS: All proposals are subject to the terms and conditions outlined herein. All responses shall be controlled by such terms and conditions and the submission of other terms and conditions, price lists, catalogs, and/or other documents as part of an offeror's response will be waived and have no effect either on this Request for Proposals or on any contract that may be awarded resulting from this solicitation.

Offeror specifically agrees to the conditions set forth in the above paragraph by signature to the proposal.

2. CERTIFICATION: By executing the proposal, the signer certifies 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.

3. ORAL EXPLANATIONS: Henderson County Public Schools shall not be bound by oral explanations or instructions given at any time during the competitive process or after award.

4. REFERENCE TO OTHER DATA: Only information which is received in response to this RFP will be evaluated; reference to information previously submitted shall not be evaluated.

5. ELABORATE PROPOSALS: Elaborate proposals in the form of brochures or other presentations beyond that necessary to present a complete and effective proposal are not desired. In an effort to support the sustainability efforts of the State of North Carolina we solicit your cooperation in this effort.

6. COST FOR PROPOSAL PREPARATION: Any costs incurred by offerors in preparing or submitting offers are the offerors' sole responsibility; Henderson County Public Schools will not reimburse any offeror for any costs incurred prior to award.

7. TIME FOR ACCEPTANCE: Each proposal shall state that it is a firm offer which may be accepted within a period of 45 days. Although the contract is expected to be awarded prior to that time, the 45-day period is requested to allow for unforeseen delays.

8. TITLES: Titles and headings in this RFP and any subsequent contract are for convenience only and shall have no binding force or effect.

9. CONFIDENTIALITY OF PROPOSALS: In submitting its proposal, the offeror agrees not to discuss or otherwise reveal the contents of the proposal to any source outside of the using or issuing agency, government or private, until after the award of the contract. Offerors not in compliance with this provision may be disqualified, at the option of Henderson County Public Schools, from contract award. Only discussions authorized by the issuing agency are exempt from this provision.

10. RIGHT TO SUBMITTED MATERIAL: All responses, inquiries, or correspondence relating to or in reference to the RFP, and all other reports, charts, displays, schedules, exhibits, and other documentation submitted by the offerors shall become the property of Henderson County Public Schools when received.

11. OFFEROR’S REPRESENTATIVE: Each offeror shall submit with its proposal the name, address, and telephone number of the person(s) with authority to bind the firm and answer questions or provide clarification concerning the firm's proposal.

12. SUBCONTRACTING: Offerors may propose to subcontract portions of the work provided that their proposals clearly indicate what work they plan to subcontract and to whom and that all information required about the prime contractor is also included for each proposed subcontractor.

13. PROPRIETARY INFORMATION: Trade secrets or similar proprietary data which the offeror does not wish disclosed to other than personnel involved in the evaluation or contract administration will be kept confidential to the extent permitted by NCAC T01:05B.1501 and G.S. 132-1.3 if identified as follows: Each page shall be identified in boldface at the top and bottom as "CONFIDENTIAL". Any section of the proposal which is to remain confidential shall also be so marked in boldface on the title page of that section. Cost information may not be deemed confidential. In spite of what is labeled as confidential, the determination as to whether or not it is shall be determined by North Carolina law.

14. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150, Henderson County Public Schools 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.

15. PROTEST PROCEDURES: If an offeror wants to protest a contract awarded pursuant to this solicitation, they must submit a written request to the Purchasing Agent, Henderson County Public Schools, 414 Fourth Avenue West, Hendersonville, NC 28739. This request must be received by the Purchasing Division within ten (10) 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. Contract status and award notices are available through the Purchasing Division or the project designer with contact information as shown on the first page of this solicitation. 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.

16. TABULATIONS: Offeror’s may call the Purchasing Division to obtain a verbal status of contract award.

17. VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: Vendor Link NC allows vendors to electronically register free with the State to receive electronic notification of current procurement opportunities for goods and services available on the Interactive Purchasing System. Online registration and other purchasing information are available on our Internet web site: http://www.doa.state.nc.us/pandc/.

18. 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 offerors. The “Principal Place of Business” is defined as the principal place from which the trade or business of the offeror is directed or managed.

HCPS RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS FOR SOUND DOCUMENTED REASONS

http://www.doa.state.nc.us/pandc/

Purpose Henderson County Public Schools (HCPS) is receiving proposals from nursing agencies to provide in-school nursing services to students for the 2023-2024 school year. Nursing services are required in students’ individualized education plans for 504 plans to ensure students' health, safety, vitality, and access to educational opportunities for students with significant medical needs. This includes, but is not limited to, medical services students require in the classroom, as well as, on the school bus.

Qualification of Personnel Agencies shall provide Registered Nurses (RNs) or Licensed Practical Nurses (LPNs) who have a current license, registration, or certification to practice in the State of North Carolina. Nurses shall be qualified to provide services in accordance with 1) the scope of services to be provided to HCPS as required in this RFP; 2) in compliance with of scope of practice of as defined by the NC Board of Nursing; and 3) pursuant to all applicable NC state laws.

Scope of Services Henderson County Public Schools currently has 4 students that require individual nursing services because they are paraplegic, quadriplegic, or have been identified as having multiple disabilities. This number is subject to change as needs arise.

Agency shall:

• Provide and assign one nurse per student.

• Cover all instructional days in the Henderson County Public Schools’ calendar.

• Must establish a back-up Personnel pool to provide coverage in the event of Personnel sickness, vacation or unexpected termination, while still allowing for consistency in Student’s care.

• Be expected to communicate with HCPS and the students’ families a month in advance about the nursing schedule. Any changes in the schedule will be communicated to HCPS and the appropriate family as needed.

Nurses shall:

• Provide direct medical support services to assigned student.

• During the time, the nurse is with his/her assigned student, specific services may include, but are not limited to:

Feeding/G tube assistance.

Toileting.

Performing trach/vent care and suctioning.

Administering oxygen and ensuring safety.

Monitoring stamina, strength, other health conditions, and overall well-being.

Supporting access to assistive technology.

Supporting safe transitions for wheelchair accessibility.

Medication administration.

Any other health care or medical services as needed by students.

• Ride the school bus to and from school with assigned student as needed during the school year.

• Provide care to the assigned student during the school day.

• Comply with all laws, policies and procedures of HCPS while providing services on the district’s premises.

• Wear an identification badge that identifies the name of the Agency and employee. Badges must be worn at all times while on the premises of HCPS and while caring for assigned student.

Upon request of HCPS at any time during term of the contract, Agency shall make available for inspection, the personnel files of the Nurses who are caring for HCPS students. The contents of such files will include:

• Verification of current licensure or certification as applicable.

• Completed application for employment or resume.

• Verified references.

• Evidence of annual performance evaluation.

• A criminal record check, conducted upon hire, if required by state law.

• Evidence of at least one, annual in-service education or training in accordance with applicable state regulations.

• Sex offender and criminal background check.

Bid Package Requirements Agency must provide the following information as part of your proposal:

• Proposals must specify how Agency will provide all aspects of the required services as listed in this

RFP.

• Cost per hour for nursing services.

• Brief description of organization’s background and history, including number of years in business providing the services request in this RFP.

• List of its owners, officer, partners, and individuals authorized to represent or conduct business for and to sign legal documents on their behalf. The list must include full legal name (typed or printed) and title;

name, address, phone number, and email address.

• A statement as to whether there is any pending litigation against the vendor that could significantly impact the organization or the students and staff of HCPS.

• List of the local individual(s) in your organization that will be assigned as the main contact for management of the services between Agency and HCPS.

• Provide information on the ability to provide sufficient staffing should a vacancy occur for a Nurse who is assigned to provide services to a student.

• Include licensure status, Federal ID number.

• At least two references where your organization has provided similar nursing services to other school districts, including Henderson County Public Schools. List shall include name of school district and name and telephone number of contact.

Billing and Invoicing Agency shall provide HCPS with itemized weekly invoices for each Nurse assigned to work in the district.

Itemized log in/out form must be attached to invoice reflecting name of Nurse, date worked, and time of arrival and departure. HCPS will make payment to Agency within 30 days of receipt of invoice. Agency shall be responsible for paying its employees.

Contract Term / Option to Renew

This agreement shall be for an initial term of one year, beginning July 1, 2026 and ending June 30, 2027. By mutual consent, the terms of this contract may be renewed for a maximum of two (2) additional (1) one-year terms. Prices quoted herein will remain in effect during the initial term of the contract. Any price increases after the initial term shall be discussed and agreed upon prior to exercising the renewal terms.

Henderson County Public Schools will make the decision at the end of the 1-year initial term whether they will exercise the renewal option. Should Henderson County Public Schools decide not to renew the contract; the vendor will be notified in writing.

Historically Underutilized Businesses (HUB)

Pursuant to General Statute 143-48 and Executive Order #150, Henderson County Public Schools 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. “Historically Underutilized Businesses (HUBs) consist of minority, women and disabled business firms that are at least fifty-one percent owned and operated by an individual(s) of the aforementioned categories.

Please indicate below if your company falls within one of these categories:

MBE Status (Minority Business Enterprises) (Check all that apply)

Minority Owned: Black _____ Hispanic _____ Asian American _____ American Indian _____ Women Owned Disabled Owned Disabled Business Enterprise Non-Profit Work Center Socially and Economically Disadvantaged None of the Above

Certificate of Insurance

Agency shall furnish proof of insurance coverage according to the types and limits as specified in the attached HCPS General Terms and Conditions.

Award Criteria

It is Henderson County Public School’s intent to award a contract to one sole provider for the services as outlined in this document. The award will not be based solely on price. Henderson County Public Schools will award to the responsible Agency with the most advantageous proposal who meets the requirements listed in this Request for Proposal as determined by consideration of:

• Prices offered

• Approach to implementing the total program and required services

• Ability to meet the required specifications and requirements listed in this Request for Proposals

• Qualifications / experience

• References (including past performance with Henderson County Public Schools)

Terms and Conditions Vendors are encouraged to thoroughly read the attached ‘HCPS General Terms and Conditions’ and the ‘Uniform Guidance / FEMA Contract Provisions’ which are attached. This information is part of the bid solicitation and Vendor is bound legally to the requirements listed. HCPS will not award a contract to any Vendor who does not agree to abide by the terms listed below. In the event of a conflict in terms, the terms of these sections will control.

By submission of a bid, Bidder certifies and agrees to abide by the attached:

1) All specifications and requirements listed in the RFP

2) Henderson County Public School’s Terms and Conditions

3) Uniform Guidance / FEMA Required Contract Provisions

EXECUTION

In compliance with this Request of Proposal, and subject to all of the conditions herein, the undersigned offers and agrees to provide the services as requested in this RFP. By executing this offer, I certify that this proposal is submitted competitively and without collusion, 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.

The bidder further declares that he has examined the Specified Terms and Conditions for this Nursing Services Request for Proposal, dated March 24, 2026, has read, and agrees to comply with, all special provisions furnished prior to the opening of proposals.

Failure to execute/sign quote prior to submittal shall render the proposal invalid. Late proposals will not be accepted.

OFFEROR INFORMATION

OFFEROR: __________________________________________________________

ADDRESS: __________________________________________________________

CITY, STATE, ZIP: ____________________________________________________

TELEPHONE NUMBER: _______________________________________________

FEDERAL EMPLOYER IDENTIFICATION NUMBER: _________________________

BY: __________________________ _________________________ _________________

(Printed Name) (Title) (Date)

(Authorized Signature)

ACCEPTANCE OF PROPOSAL

(HENDERSON COUNTY PUBLIC SCHOOLS)

BY: ______________________________TITLE: ________________DATE: _________________

HENDERSON COUNTY PUBLIC SCHOOLS

STANDARD TERMS & CONDITIONS

The Contract, Henderson County Public School’s Standard Terms and Conditions, and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral or written statements or agreements. 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.

1. E-Verify: As required by N.C.G.S. § 143-133.3, Contractor certifies that it verifies the work authorization of each of its employees under the requirements of N.C.G.S. Article 2 of Chapter 64 ("E-Verify"). If Contractor utilizes a subcontractor of any tier, Contractor shall require all subcontractor(s) of any tier to comply with E-Verify requirements.

2. Jessica Lunsford Act: Under North Carolina law, certain sex offenders are prohibited from coming onto school campuses. Contractor agrees to conduct an annual check of the N.C. Sex Offender and Public Protection Registration Program, the N.C. Sexually Violent Predator Registration Program and the National Sex Offender Registry for all of its employees whose job involves direct interaction with students as part of the job. Henderson County Public Schools prohibits any personnel listed on such registries from being on any property owned or operated by Henderson County Public Schools and from having any direct interaction with students. As a term of this Contract, said checks must be performed by the Contractor and reported to Henderson County Public Schools Superintendent or designee, if Contractor’s employees will be working directly with students. Under provisions set forth in the Jessica Lunsford Act under North Carolina law, Contractor certifies that by entering into a contract with Henderson County Public Schools, neither Contractor nor any employee or agent of Contractor, is listed as a sex offender on the N.C. Sex Offender and Public Protection Registration Program, the N.C. Sexually Violent Predator Registration Program, and/or the National Sex Offender Registry.

3. Termination: The Contract may be terminated by either party hereto upon thirty (30) days written notice to the other. In the event the Contract is terminated pursuant to the provisions of this paragraph, Henderson County Public Schools shall have no obligation to compensate Contractor for services which have not been performed. Unless otherwise agreed by the Parties in writing, Contractor shall continue to provide services to Henderson County Public Schools during the thirty (30) day notice period, at the same rate of service performed by Contractor during the thirty (30) days prior to receipt of notice. If Contractor fails to do so, Henderson County Public Schools may retain any monies otherwise due to Contractor.

4. Independent Contractor: It is understood that Contractor executes the Contract as an independent contractor and that Contractor shall have the exclusive control over the means, methods and details of fulfilling its obligation under the Contract. The Contract is not intended and shall not be construed to create the relationship of principal-agent, master-servant, employer-employee, partnership, joint venture, joint enterprise, or association between the Parties or any of their owners, officers, directors, members, managers, partners, representatives, employees or agents. Contractor agrees to perform and discharge all obligations of an independent contractor under any and all laws, whether existing or in the future in any way pertaining to the tasks hereunder, including but not limited to Social Security laws, Workers' Compensation Insurance, income taxes, and State Employment Insurance taxes or contributions; and Contractor will hold Henderson County Public Schools harmless against all such laws. Neither federal nor state local income tax, nor payroll tax of any kind shall be withheld or paid by Henderson County Public Schools on behalf of the Contractor or the employees of Contractor. No Worker's Compensation

Insurance shall be obtained by Henderson County Public Schools concerning Contractor or Contractor’s employees.

5. Audit: During and after the term of the contract, the State Auditor, or any Auditor contracted by Henderson

County Public Schools, may be given access to persons and records of the Contractor that are generated as a result of, or are related to, the Contract for purposes of verifying accounts and data affecting fees or performance, as provided in G.S. § 143-49(9). Contractor shall keep all records for 3 years after the end of the contract period.

6. Discrimination: If applicable, Contractor and any subcontractors employed by Contractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.

7. Family Education Rights and Privacy Act: Contractor acknowledges that Henderson County Public

Schools is subject to the Family Education Rights and Privacy Act (FERPA) (20 U.S.C. § 1232G; 34 C.F.R. 99). To the extent Contractor generates or maintains education records that are subject to FERPA, Contractor will comply with applicable FERPA requirements. Contractor will not access or make any disclosures of student education records to third parties without prior notice to and consent from Henderson County Public Schools or as otherwise provided by the law or the Contract. For purposes of the Contract, Henderson County Public Schools designates Contractor, as a school official with a legitimate educational interest in the education records of participating students to the extent access to Henderson County Public School’s records is required by Contractor to carry out its services.

If, Henderson County Public Schools provides Contractor with personal identifiers as listed in N.C.G.S.

§132-1.10 and in N.C.G.S. §14-113.20(b) or any other legally confidential information including "personally identifiable information" from student education records as defined by the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and the implementing regulations in Title 34, Part 99 of the Code of Federal Regulations ("FERPA"), Contractor hereby certifies that collection of this information is necessary for the performance of Contractor’s duties and responsibilities under the Contract. Contractor further certifies that it will maintain the confidential and exempt status of any Social Security number information, as required by N.C.G.S. §132-1.10(c)(1), and that it will not re-disclose personally identifiable information pursuant to FERPA or by any other State or Federal laws.

8. FERPA Electronically Stored Data Compliance: Contractor is expressly prohibited from selling or trading any education records or personally identifiable information acquired under the Contract. Furthermore, Contractor agrees not to attempt to re-identify students from aggregated data. Further, Contractor will not use any personally identifiable information or education records to advertise or market to students of Henderson County Public Schools or their parents. Any personally identifiable information and education records held by Contractor pursuant to the Contract will be made available to Henderson County Public Schools upon request.

Contractor will store and process all data using appropriate administrative, physical, and technical safeguards to secure personally identifiable information and education records from unauthorized access, disclosure, and use. Contractor will conduct periodic risk assessments and remediate any identified security vulnerabilities in a timely manner. Contractor will also have a written incident response plan, to include prompt notification to Henderson County Public Schools in the event of a security or privacy incident, as well as procedures for responding to a breach of data. Contractor agrees to share its incident response plan upon request. Contractor shall, for all personally identifiable data and education records in its possession and in the possession of any subcontractors, or agents to which it has transferred data as permitted herein, destroy or de-identify such data when such data is no longer needed to perform the Contract.

Contractor hereby agrees to abide by all Henderson County Public Schools Board policies and procedures governing the confidentiality of student records and the responsible use of technology and internet safety that have been provided to Contractor and specifically identified as follows:

If Contractor experiences a security breach concerning any information covered by the Contract, and such breach is covered by N.C.G.S. §75.61(14), then Contractor will (a) fully comply with Contractor’s obligations under the N.C. Identity Theft Protection Act, (b) immediately notify Henderson County Public Schools with the information listed in N.C.G.S. §75-65(d) (1-4), and (c) fully cooperate with the Board in carrying out its obligations under said Identity Theft Protection Act. Contractor will indemnify Henderson County Public Schools for any breach of confidentiality or failure of its responsibilities to protect confidential information, and for cost of notification of affected persons as a result of its accidental or negligent release of personally identifiable information or education records provided to Contractor pursuant to the Contract.

9. North Carolina Public Records Law: Contractor acknowledges that Henderson County Public Schools is subject to the requirements of North Carolina’s Public Records Law ("NCPRL"), N.C.G.S. § 132-1, et.

seq. The Contract and any related documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received by Henderson County Public Schools in connection with the transaction of the Contract may be considered a "public record," subject to disclosure under the NCPRL. Henderson County Public Schools is under no obligation to notify Contractor prior to its compliance of its duties under NCPRL.

10. Liability Insurance: It is understood and agreed between the parties that each person performing services under the Contractor shall be covered by Contractor for all actions, omissions, injuries or other liabilities occurring during the performance of the services, to the same extent as if such events occurred on Contractor’s property.

During the term of the contract, the Contractor 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 Contractor shall provide and maintain the following coverage and limits:

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 $150,000.00, covering all of Contractor’s employees who are engaged in any work under the contract. If any work is subcontracted, the contractor shall require the subcontractor to provide the same coverage for any of its employees engaged in any work under the contract.

Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.

Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles, used in connection with the contract. The minimum combined single limit shall be $150,000.00 bodily injury and property damage; $150,000.00 uninsured/under insured motorist; and $1,000.00 medical payment.

Providing and maintaining adequate insurance coverage is a material obligation of the Contractor 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 Contractor 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 of coverage under each insurance policy maintained by the contractor shall not be interpreted as limiting the Contractor’s liability and obligations under the contract.

The Contractor shall furnish a Certificate of Insurance as proof of the above coverages to Henderson County Public Schools prior to the effective date of Contract. Certificate will contain provision that the insurance coverages cannot be canceled, reduced in amount or coverage eliminated without 30 days written notice to Henderson County Public Schools. Owner’s Protective insurance must list Henderson County Public Schools as a “Named Insured” as its interest may appear. Henderson County Public Schools reserves the right to require higher or lower insurance limits where warranted. Henderson County Public Schools shall maintain its usual and customary insurance coverage and/or coverage agreement.

11. Ownership of Work Product: All works authored, produced, developed, or reduced to practice by Contractor for the benefit of Henderson County Public Schools during its provision of the services in the Contract shall be owned by Henderson County Public Schools and Henderson County Public Schools shall have all common law, statutory, and other reserved rights therein.

12. Indemnification: CONTRACTOR, FOR ITSELF AND ITS EMPLOYEES, AGENTS, VOLUNTEERS AND PARTICIPANTS, DOES HEREBY INDEMNIFY AND HOLD

HARMLESS, HENDERSON COUNTY PUBLIC SCHOOLS, ITS BOARD MEMBERS,

OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL CLAIMS, CAUSES OF

ACTION, DAMAGES, LOSSES, COSTS, ATTORNEYS’ FEES AND LIABILITY ARISING OUT

OF OR RESULTING FROM CONTRACTOR’S PERFORMANCE HEREUNDER AND

HEREBY ASSUMES THE RISK OF INJURY OR LIABILITY AND AGREES NOT TO SUE

HENDERSON COUNTY PUBLIC SCHOOLS FOR ANY INJURY OR LIABILITY ARISING

OUT OF OR RESULTING FROM CONTRACTOR’S PERFORMANCE HEREUNDER.

13. Anti-Trust: The Contract has been entered into in compliance with state and federal antitrust laws.

Contractor certifies by entering into the Contract:

a) That the Contractor and/or any of its Principals is not presently debarred, per the State’s website (http://ncadmin.nc.gov/government-agencies/ procurement/contracts/debarred-vendors) and Federal Excluded Parties List (www.sam.gov/portal/public/SAM); or suspended, proposed for debarment, declared ineligible or voluntarily excluded from http://ncadmin.nc.gov/government-agencies/%20procurement/contracts/debarred-vendors http://ncadmin.nc.gov/government-agencies/%20procurement/contracts/debarred-vendors http://www.sam.gov/portal/public/SAM entering into the Contract by any federal agency or by any department, agency or political subdivision of the State.

b) "Principals," for the purposes of this certification, means officers; directors; owners;

partners; and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

c) The Contractor shall provide immediate written notice to Henderson County Public Schools if, at any time, Contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

d) The certification in this section is a material representation of fact upon which reliance is placed by Henderson County Public Schools in making the Contract. If it is later determined that Contractor knowingly rendered an erroneous certification, in addition to other remedies available to Henderson County Public Schools, then Henderson County Public Schools may terminate the Contract for default.

14. Travel Expenses: Unless otherwise stated in the Contract, the agreed upon price for the services provided herein includes travel expenses, accommodation expenses and any and all other expenses, costs, and remuneration (including, but not limited to, equipment, tools, and supplies) the Parties have agreed to unless otherwise provided for in the Contract.

15. Affiliation: Contractor shall not represent itself as affiliated with or endorsed by Henderson County Public Schools without the prior written consent. Contractor shall not use any of Henderson County Public School’s logos, images, trademarks, or copyrights without prior written consent. The Contract shall not be used for advertising by Contractor without prior approval of Henderson County Public Schools.

16. Assignment: Unless agreed to in writing by Henderson County Public Schools, the Contract is not assignable. Any attempt to assign the Contract to any third party shall be null and void and shall relieve Henderson County Public Schools of any further liability under the Contract.

17. Compliance with Law & Board Policy: Contractor agrees to comply with all federal and State laws, rules, regulations, administrative requirements, and the following Board of Education Policies and Procedures applicable to its provision of the services described hereunder during the term of the Agreement, if any:

Contractor declares that it has complied with all federal, state, and local laws and regulations regarding business permits, certificates, and licenses that may be required to carry out the work to be performed under the Contract.

18. Attorney’s Fees: In the event of a dispute between the Parties regarding the enforceability of the Contract, each party shall be responsible for its own attorney’s fees.

19. Choice of Law: The Parties agree that the Contract was entered into in the State of North Carolina and that the laws of North Carolina shall govern the Contract, as to interpretation and performance. It is further agreed that the place of the Contract, its situs and forum, will be in the county in North Carolina where Henderson County Public School’s Central Office is located.

20. Venue: The Parties agree that the proper venue for any claims brought hereunder is in the county in North

Carolina where Henderson County Public School’s Central Office is located.

21. Force Majeure: Neither party shall be responsible to the other for any losses resulting from the failure to perform any terms or provisions of the Contract if the party's failure to perform is attributable to war, riot or other disorder, strike or other work stoppage; fire; flood; storm; illness; pandemic, communicable disease, or any other act not within the control of the party whose performance is interfered with, and which, by reasonable diligence, such party is unable to prevent. However, Henderson County Public Schools will be entitled to a refund for fees paid on account of services not rendered by Contractor including any and all deposits.

22. Non-Appropriation: Henderson County Public Schools agrees to duly request the appropriation of funds from its funding sources for all payment amounts specified in the Contact through its annual funding request at levels consistent with the prior fiscal year. Notwithstanding anything to the contrary herein, if the funds that Henderson County Public Schools requests for a fiscal year are reduced or not appropriated, Henderson County Public Schools will not be obligated to pay amounts due beyond the end of the last fully funded fiscal year. If a non-appropriation event occurs, Henderson County Public Schools will notify Contractor, the Contract will terminate at the end of the last fiscal year for which funds were fully appropriated, and Henderson County Public Schools will not be in default or material breach of the Contract.

23. Integration & Amendment: The Contract is fully integrated and represents the entire understanding between the Parties. The Contract may be modified or amended only by written instruments signed by both Parties. Unless explicitly stated in the Contract, nothing contained in the Contract is intended to benefit any third party. The Contract shall be deemed to have been drafted by both Parties and any ambiguities in the construction of the Contract shall not be construed solely against Henderson County Public Schools.

24. Severability: The Contract is severable and if any provisions of the Contract are deemed invalid or illegal by a court of competent jurisdiction, the other remaining provisions of the Contract shall remain valid and enforceable.

25. Execution: The Contract may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute and be construed as one and the same instrument.

26. Authority: Both Parties executing the Contract acknowledge that they have authority to bind their respective party to the terms and conditions set forth in the Contract.

27. Sovereign Immunity: Notwithstanding any other term or provision in the Contract, nothing herein is intended nor shall be interpreted as waiving any claim or defense based on the principle of sovereign or governmental immunity or other State or federal constitutional or statutory provision or principle that otherwise would be available to Henderson County Public Schools under applicable law.

28. Pre-Audit Certification: Execution of the Pre-Audit Certification on the Contract and/or purchase order is a condition precedent to the effectiveness of the signatures.

29. Acknowledgment: The undersigned represents and acknowledges that they have carefully read the entire Contract (and any attachments), understand the Contract (and any attachments) and its consequences, and knowingly and voluntarily enter into the Contract.

30. Iran Divestment / Divestment From Companies that Boycott Israel: By acceptance of the Agreement, Contractor affirms that it, or any Subcontractor hired by Contractor, is not listed on the Final Divestment List and Parent and Subsidiary List located at https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-Divestment-Act-Resources.aspx, which was created by the N.C. State Treasurer pursuant to N.C.G.S. 147-86.58. It is the responsibility of each Contractor to monitor its Subcontractor’s compliance with this restriction.

31. Notice: Any notice required or desired to be given under the Contract shall be deemed given if in writing and sent by certified mail to the principal office of Henderson County Public Schools at: 414 Fourth Avenue West, Hendersonville, NC 28739 Attention: Purchasing Agent

32. Subcontracting: Contractor shall not subcontract any portion of the work to be performed under this Contract without prior written approval of Henderson County Public Schools.

33. Performance and Default: If, through any cause, the Contractor shall fail to fulfill in timely and proper manner the obligations under this Contract, Henderson County Public Schools shall have the right to terminate this contract by giving written notice to the Contractor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items under this contract prepared by the Contractor shall, at the option of, Henderson County Public Schools, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials. Notwithstanding, the Contractor shall not be relieved of liability to Henderson County Public Schools for damages sustained by Henderson County Public Schools by virtue of any breach of this Contract, and Henderson County Public Schools may withhold any payment due the Contractor for the purpose of setoff until such time as the exact amount of damages due Henderson County Public Schools from such breach can be determined.

In case of default by the Contractor, Henderson County Public Schools may procure the services from other sources and hold the Contractor responsible for any excess cost occasioned thereby.

In addition, in the event of default by the Contractor under this contract, Henderson County Public Schools may immediately cease doing business with the Contractor, immediately terminate for cause all existing contracts Henderson County Public Schools has with the Contractor, and de-bar the Contractor from doing future business with Henderson County Public Schools.

Upon the Contractor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Contractor, Henderson County Public Schools may immediately terminate, for cause, this contract and all other existing contracts the Contractor has with it, and de-bar the Contractor from doing future business.

34. Payment Terms: Payment terms are Net not later than 30 days after receipt of correct invoice(s) or acceptance of services, whichever is later, or in accordance with any special payment schedule identified in this Contract. Henderson County Public Schools is responsible for all payments to the Contractor under the contract.

35. Care of Property: The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished it for use in connection with the performance of this contract or purchased by it for this contract and will reimburse Henderson County Public Schools for loss of damage of such property.

https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-Divestment-Act-Resources.aspx https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-Divestment-Act-Resources.aspx

36. Criminal Background Checks: Contractor certifies that as of the date of the signed contract, or acceptance of a purchase order, background checks have been performed for all personnel who will have any type of direct contact with the students and staff of Henderson County Public Schools in the performance of this contract. Contractor shall provide a complete list of names and job-related duties of all personnel that will be assigned in any capacity to handle Henderson County Public School’s account. Copies of background checks for all personnel will also be included. Contractor shall notify Henderson County Public Schools immediately and provide required information should changes in personnel occur, or if any existing personnel is charged of any criminal activity.

37. Taxes: Any applicable taxes shall be invoiced as a separate line item. North Carolina G.S. § 143.59.1 bars the Secretary of Administration from entering into contracts with vendors if the vendor or its affiliates meet on of the conditions of G.S. § 105-164.8(b) and refuses 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 Contract documents, the vendor certifies that it and all of its affiliates; collect(s) the appropriate taxes.

38. Warranty: Contractor warrants to Henderson County Public Schools that all equipment furnished 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 of receipt.