WSFCS RFP -Chromebook Monitoring 6-25-24.pdf

WS/FCS Chromebook and Student Safety Monitoring

Winston Salem-Forsyth County Schools 475 Corporate Drive Winston Salem, NC 27105

Request for Qualifications 260- 06252024-8613 Proposals will be publicly opened: July 9, 2024, at 2:00 pm

Contract Type: Agency Specific

Refer ALL Inquiries to: Commodity:

District Subscription: Cloud based Chromebook Management Solution including Student Safety Monitoring

E-Mail: jwmann@wsfcs.k12.nc.us Using Agency Name: Winston-Salem/Forsyth County Schools

NOTICE TO BIDDERS

Emailed bids, subject to the conditions made a part hereof, will be received in the inbox of techrfp@wsfcs.k12.nc.us WS/FCS Purchasing Department, 475 Corporate Square Drive, Winston-Salem, NC) until April 1 ,2022 at 2:00 p.m. on the day of opening and then opened, for furnishing and delivering the service as described herein. Refer to page 2 for proper mailing instructions.

Bids are subject to rejection unless submitted on email form.

EXECUTION

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

Failure to execute/sign bid prior to submittal shall render bid invalid. Late bids are not acceptable.

BIDDER: FEDERAL ID OR SOCIAL SECURITY NO.

STREET ADDRESS: P.O. BOX: ZIP:

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

(800)

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE

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

1 | Page mailto:jwmann@wsfcs.k12.nc.us mailto:techrfp@wsfcs.k12.nc.us

AUTHORIZED SIGNATURE: DATE: E-MAIL:

Bids submitted are valid for 180 days after award date.

Submit via email, original executed proposal response to Techrfp@wsfcs.k12.nc.us.

EMAILING INSTRUCTIONS

Email only one fully executed proposal per package. Emailed package should include proposal number as shown below. It is the responsibility of the Vendor to have the proposal in the official inbox by the specified time and date of opening.

Email TO: jwmann@wsfcs.k12.nc.us

PROPOSAL : District Subscription: Cloud based Chromebook Management Solution including Student Safety Monitoring

WS/FCS

Purchasing Department

475 Corporate Square Drive

Winston-Salem, NC 27105

TRANSPORTATION CHARGES

All Shipping and Handling fees shall be included in the unit price.

PURPOSE AND BACKGROUND

The monitored service will create a safer school environment by encouraging good digital citizenship and provide a platform to promote student mental health. Through artificial intelligence built into the platform, student email, chat messages and other online material housed in Google and Microsoft cloud environments will be scanned in realtime.

These keyword and image scans will be used to indicate student self-harm, violence or sexual behavior.

When a potential issue is discovered through the scanning technology, alerts will be sent via text and email to district and school based teams. These teams will consist of district security personnel, school administration teams and counselors. Their responsibility will be to follow up immediately with the concern to mitigate any further escalation of a detrimental event involving a student.

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SCOPE OF WORK

The monitored service will create a safer school environment by encouraging good digital citizenship and provide a platform to promote student mental health. Through artificial intelligence built into the platform, student email, chat messages and other online material housed in Google and Microsoft cloud environments will be scanned in realtime.

These keyword and image scans will be used to indicate student self-harm, violence or sexual behavior.

When a potential issue is discovered through the scanning technology, alerts will be sent via text and email to district and school based teams. These teams will consist of district security personnel, school administration teams and counselors. Their responsibility will be to follow up immediately with the concern to mitigate any further escalation of a detrimental event involving a student.

Proposals will be awarded in terms of the following factors:

● Ability to monitor and manage classroom sets of chromebooks

● Ability to monitor and report student communication that is deemed inappropriate and potentially harmful to themselves or others

● Ability to roster and integrate with Powerschool

RFP Timeline

The table below shows the intended schedule for this RFP. WS/FCS will make every effort to adhere to this schedule.

Event Responsibility Date and Time

Issue RFP WS/FCS June 26, 2024

Submit Written Questions Vendor July 2, 2024

Provide Response to Questions WS/FCS July 5, 2024

Submit Proposals Vendor July 9, 2024

BID QUESTIONS

Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP to submit the best proposal possible. To accommodate the RFP Question process, vendors shall submit any such questions by the above due date.

Written questions shall be emailed to jwmann@wsfcs.k12.nc.us by the date and time specified above. Vendors should enter “RFP WS/FCS Chromebook Monitoring” as the subject for the email. Question submittals should include a reference to the applicable RFP section and be submitted in a format shown below:

Reference Vendor Question

RFP Section, Page Number Vendor question …?

Questions received prior to the submission deadline date, WS/FCS’ response, and any additional terms deemed necessary by WS/FCS will be posted in the form of an addendum to the Interactive Purchasing System (IPS), http://www.ips.state.nc.us, and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any WS/FCS personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this

IFB.

PROPOSAL SUBMITTAL

Proposals, subject to the conditions made a part hereof and the receipt requirements described below, shall be received at the email address Techrfp@wsfcs.k12.nc.us, for furnishing and delivering those items or services as described herein.

IMPORTANT NOTE: All proposals shall be emailed to the address listed above on or before the proposal deadline to be considered timely. This is an absolute requirement. All risk of late arrival due to unanticipated delay—is entirely on the Vendor. It is the sole responsibility of the Vendor to have the proposal emailed in the inbox of the email address by the specified time and date of opening. The time of delivery will be date and time stamped on each proposals when received, and any proposal received after the proposals submission deadline will be rejected.

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METHOD OF AWARD

All qualified proposals will be evaluated, and awards will be made to the Vendor(s) meeting the RFP requirements and achieving the best final evaluations. WS/FCS reserves the right to waive any minor informality or technicality in proposals.

WS/FCS’s intent is to award one contract for the district. WS/FCS reserves the right to not choose a solution if an acceptable product is not found.

Vendors SHALL not be considered who are not approved or authorized by The State of North Carolina to do business with The State of North Carolina.

CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

During the evaluation period - from the date proposals are opened through the date the contract is awarded - each Vendor submitting a proposal (including its representatives, sub-contractors and/or suppliers) is prohibited from having any communications with any person inside or outside of WS/FCS. All communication should be directed in via email to John Mann jwmann@wsfcs.k12.nc.us.

AWARD CRITERIA

As provided by statute, award will be based on the best value (most advantageous to Winston-Salem/Forsyth County School System) as determined by consideration of:

Proposals will be awarded in terms of the following factors (1-3):

● Ability to monitor and manage classroom sets of chromebooks 30%

● Ability to monitor and report student communication that is deemed inappropriate and potentially harmful to themselves or others 10%

● Ability to roster and integrate with Powerschool 15%

● Past service record 15%

● the ability to meet the service needs per the ordering, purchasing and delivery of materials as outlined in the

RFP, 30%

AWARD OF CONTRACT

It is the general intent to award this contract to a single overall bidder on all items. The right is reserved, however, to make awards based on individual items or groups of items, if such shall be considered by Winston-Salem/Forsyth County Schools to be most advantageous or to constitute its best interest.

The successful bidder(s) will be notified by “Notice(s) of Award” issued by the Purchasing Department.

The unsuccessful bidder will be notified of the awarded contract.

After the bid has been awarded to the selected vendor, WS/FCS reserves the right to add up to and including 15 new items throughout the bid contract without resubmitting the original bid.

Bid audits may be conducted as a means of determining and/or verifying the cost quoted by the Vendor.

CONTRACT TIME PERIOD

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The time period for purchases covered by a contract resulting from an award under this RFP is three years from award of RFP. The WS/FCS reserves the right to award the bid to a vendor for a longer initial term period than the time period stated in the Bid Certification if it is determined to be in the best interest of the WS/FCS. Unless otherwise indicated in these General Terms and Conditions, all bid pricing will be firm throughout the entire contract period.

Upon mutual written agreement of both parties, this contract may be extended beyond the expiration of the contract time period in accordance with section “Extension Clause.”

The transfer, assignment, or subcontracting of contracts is prohibited, and the bidder agrees not to sell, assign, transfer, convey, or subcontract any portion of this contract resulting from this RFP without the prior written consent of WS/FCS.

BID EVALUATION

Bids are requested on the items and/or equipment as hereinafter specified or like items similar in design, function and performance. Winston-Salem/Forsyth County Schools reserves the right to reject any bid for any reason at any time.

Bidder(s) are cautioned that any/all information furnished or not furnished on this bid may be used as a factor in determining the award of this contract.

FIRM BID

Prices and any other entry made here on by the bidder shall be considered firm and not subject to change or withdrawal.

VALUE ADDED

Value added options and services and other purchasing incentives will not be considered as a factor in evaluating the award of this Bid.

MAKE AND MODEL

Manufacturer’s name and model/catalog numbers used are for the purpose of identification and to establish general quality level desired. Such references are not intended to be restrictive and comparable products of other manufacturers will be considered. However, bidders are cautioned that any deviation from specifications must be pointed out in their bid.

VENUE

This agreement will be construed and governed according to the laws of the State of North Carolina.

Both parties agree that venue for any litigation arising from this contract shall lie in Forsyth County, North Carolina.

WAIVER

No claims or rights arising out of a breach of this contract can be discharged in whole or part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

SUITABILITY FOR INTENDED USE

Bidders are requested to offer only comparable equipment which will provide the equivalent capabilities, features and diversity called for herein. Winston Salem-Forsyth County School System reserves the right to evaluate all proposals for suitability for the required use and to award the one best meeting requirements and thought to be in the Winston Salem- Forsyth County School System best interest.

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EQUAL EMPLOYMENT OPPORTUNITY (EEO) DISCLOSURES

By submission of a bid, the bidder agrees that in the performance of any contract resulting from any award under this bid, the bidding entity will comply with all applicable equal employment opportunity laws and regulations, including but not limited to an agreement not to deny any benefit to, exclude from any opportunity, or discriminate in any way against, any applicant, employee, or any other person because of age, color, creed, gender, handicapping condition, marital status, national origin, political affiliation or belief, race, religion, or veteran status.

Bidder further agrees that the bidding entity is and during the period of any contract resulting from any award under this IFB will remain, in compliance with Executive Order 11246 entitled “Equal Employment Opportunity” as amended by Executive Order 11375, and supplemented in Department of Labor Regulations (41CFR Part 60).

The occurrence of any prohibited discrimination will constitute vendor’s breach of contract due to a substantial failure by the vendor to fulfill its obligations, whereupon the WSFCS may terminate the vendor’s contract for cause as provided by section #32 of this General Terms and Conditions document entitled “Remedies for Non-Performance of Contract, and Contract Termination.”

NON-COLLUSION CERTIFICATION

By signing this bid, the bidder certifies that, to the best of his/her knowledge:

a) neither the bidder nor any business entity represented by the bidder has received compensation for participation in the preparation of the item specifications or the General Terms and Conditions related to this RFP.

b) this bid or proposal has been arrived at independently and is submitted without collusion with any other bidder, with any competitor or potential competitor, or with any other person or entity to obtain any information or gain any special treatment or favoritism that would in any way limit competition or give any bidder an unfair advantage over any other bidder with respect to this bid;

c) the bidder has not accepted, offered, conferred, or agreed to confer, and will not in the future accept offer, confer, or agree to confer, any benefit or anything of value to any person or entity related to the WSFCS in connection with any information or submission related to this bid, any recommendation, decision, vote, or award related to this bid, or the exercise of any influence or discretion concerning the sale, delivery, or performance of any product or service related to this bid;

d) neither the bidder, nor any business entity represented by the bidder, nor anyone acting for such business entity, has violated the Federal Antitrust Laws or the antitrust laws of this State with regard to this bid, and this bid or proposal has not been knowingly disclosed, and will not be knowingly disclosed to any other bidder, competitor, or potential competitor prior to the opening of bids or proposals for this project.

e) No attempt has or will be made to induce any other person or entity to submit or to not submit a bid or proposal.

The person signing this bid or proposal certifies that he/she has fully informed himself/herself regarding the accuracy of the statements contained in this certification.

ASSIGNMENT - DELEGATION

No responsibility or obligation created by this contract shall be assigned or delegated by the vendor without written permission from the WSFCS. Any attempted assignment or delegation by the vendor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

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Winston Salem-Forsyth County School System BID PROTEST PROCEDURE

PURPOSE

To ensure fairness and to promote open competition, Winston Salem-Forsyth County School System shall be consistent in responding to an offeror’s protest over contract awards.

PROCEDURE

Any party which is a prospective bidder, offeror, or contractor that may be aggrieved by the solicitation must submit a written protest within five (5) calendar days prior to the opening of the Request for Bid, Request for Proposal.

Any party which is an actual bidder, offeror, or contractor that may be aggrieved by the award of a contract, must submit a written protest within five (5) calendar days of Winston Salem-Forsyth County School System’s transmitting via fax or email the announcement of intent to award.

The protest must be addressed to the Procurement Manager, 475 Corporate Square Drive, Winston Salem, NC 27105 and must include all of the following information:

1. Name, address, telephone number, facsimile number and e-mail of the protester.

2. Signature of the protester or authorized agent.

3. The bid name and number.

4. A detailed statement of the legal and factual grounds of protest including copies of relevant documents.

5. Any supporting exhibits, evidence, or documents to substantiate any claims.

6. All information establishing that the protester is an interested party for the purpose of filing a protest.

7. The form of relief requested.

After careful consideration of all relevant information the Senior Director of Purchasing shall make a written decision.

Any and all costs incurred by a protesting party in connection with a protest shall be the sole responsibility of the protesting party.

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TERMS AND CONDITIONS

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

1. NOTICE TO BIDDERS: All bids are subject to the provisions of special terms and conditions specific to this Invitation for Bids, the specifications. Winston Salem-Forsyth County School System (WSFCS) objects to and will not evaluate or consider any additional terms and conditions submitted with a bidder response. This applies to any language appearing in or attached to the document as part of the bidder’s response. DO NOT ATTACH ANY ADDITIONAL TERMS AND CONDITIONS.

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

2. DEFINITIONS:

∙ BIDDER: Company, firm, corporation, partnership, individual, etc., submitting a response to an Invitation for Bids.

∙ TERM CONTRACT: A contract generally intended to cover all normal requirements for a commodity for a specified period of time based on estimated quantities only.

∙ OPEN MARKET CONTRACT: A contract for the purchase of a commodity not covered by a term contract.

3. EXECUTION: Failure to sign under EXECUTION section will render bid invalid.

4. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this bid, the order of precedence shall be (1) special terms and conditions specific to this bid, (2) specifications, and (3) Instructions to Bidders.

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

6. SPECIFICATIONS: Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and bidder will be held responsible therefore. Deviations shall be explained in detail. The bidder shall not construe this paragraph as inviting deviation or implying that any deviation will be acceptable.

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

8. RECYCLING AND SOURCE REDUCTION: It is the policy of WSFCS to encourage and promote the purchase of products with recycled content to the extent economically practicable, and to purchase items which are reusable, refillable, repairable, more durable, and less toxic to the extent that the purchase or use is practicable and cost-effective.

We also encourage and promote using minimal packaging and the use of recycled/recyclable products in the packaging of commodities purchased. However, no sacrifice in quality of packaging will be acceptable. The company remains responsible for providing packaging that will protect the commodity and contain it for its intended use.

Companies are strongly urged to bring to the attention of WSFCS which issued the solicitation document, those products or packaging they offer which have recycled content and that are recyclable.

9. CLARIFICATIONS/INTERPRETATIONS: Any and all questions regarding this document must be addressed to the purchaser named on the cover sheet of this document. Do not contact the school or department directly. Any and all revisions to this document shall be made only by written addendum from WSFCS Purchasing Department. The bidder is cautioned that the requirements of this bid can be altered only by written addendum and that verbal communications from whatever source are of no effect.

10. ACCEPTANCE AND REJECTION: WSFCS reserves the right to reject any and all bids, to waive any informality in bids and, unless otherwise specified by the bidder, to accept any item in the bid. If either a unit price or extended price is obviously in error or the other is obviously correct, the incorrect price will be disregarded.

11. REFERENCES: WSFCS reserves the right to require a list of users of the exact item offered. WSFCS may contact these users to determine acceptability of the bid. Such information may be considered in the evaluation of the bid.

12. AWARD OF CONTRACT: As directed by statute, qualified bids will be evaluated and acceptance may be made of the lowest and best bid most advantageous to WSFCS as determined upon consideration of such factors as: prices offered; the quality of the articles offered; the general reputation and performance capabilities of the bidders; the substantial conformity with the specifications and other conditions set forth in the bid; the suitability of the articles for the intended use; the related services needed; the date or dates of delivery and performance; and such other factors deemed by WSFCS to be pertinent or peculiar to the purchase in question. Unless otherwise specified by WSFCS or the bidder, WSFCS reserves the right to accept any item or group of items on a multi-item bid. WSFCS also reserves the right to reject any and all bids. In addition, on TERM CONTRACTS, 10 | Page

WSFCS reserves the right to make partial, progressive or multiple awards: where it is advantageous to award separately by items;

or where more than one supplier is needed to provide the contemplated requirements as to quantity, quality, delivery, service, geographical areas; other factors deemed by WSFCS to be pertinent or peculiar to the purchase in question.

13. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150, WSFCS 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.

14. CONFIDENTIAL INFORMATION: As provided by statute and rule, WSFCS will consider keeping trade secrets which the bidder does not wish disclosed confidential. Each page shall be identified in boldface at the top and bottom as “CONFIDENTIAL” by the bidder. Cost information shall not be deemed confidential. In spite of what is labeled as a trade secret, the determination whether it is or not will be determined by North Carolina law.

15. SAMPLES: Sample of items, when required, must be furnished as stipulated herein, free of expense, and if not destroyed will, upon request be returned at the bidder’s expense. Request for the return of samples must be made within 10 days following date of bid opening. Otherwise the samples will become WSFCS property. Each individual sample must be labeled with the bidder’s name, bid number, and item number. A sample on which an award is made, will be retained until the contract is completed, and then returned, if requested, as specified above.

16. AWARD PROCEDURES: Contract award notice shall be posted on WSFCS website. Contract award notices are sent only to those actually awarded contracts, and not to every person or firm responding to this solicitation.

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

18. DEFAULT AND PERFORMANCE BOND: In case of default by the contractor, WSFCS may procure the articles or services from other sources and hold the contractor responsible for any excess cost occasioned thereby. WSFCS reserves the right to require performance bond or other acceptable alternative guarantees from successful bidder without expense to WSFCS.

19. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the items offered prior to their delivery, it shall be the responsibility of the contractor to notify in writing WSFCS, indicating the specific regulation which required such alterations. WSFCS reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

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

G.S. 143-59.1 bars the WSFCS from entering into contracts with vendors if the vendor or its affiliates meet one of the conditions of G. S. 105-164.8(b) and refuse to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G. S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the vendor and (3) Systematic exploitation of the market by media-assisted, media-facilitated, or media-solicited means. By execution of the bid document the vendor certifies that it and all of its affiliates (if it has affiliates) collect(s) the appropriate taxes.

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

22. GOVERNING LAWS: This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina.

23. INSPECTION AT CONTRACTOR’S SITE: WSFCS reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective contractor prior to contract award, and during the contract term as necessary for WSFCS determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the contract.

24. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, whichever is later. Payment may be made by procurement card and it shall be accepted by the contractor for payment if the contractor accepts that card (Visa, MasterCard, etc.) from other customers.

25. 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.

26. STANDARDS: All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization; such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers’ Association for electrically operated

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27. PATENT: The contractor shall hold and save WSFCS, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, on account of any confidential information, copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this contract, including use by WSFCS or disclosure of any information pursuant to the NC Public Records Act.

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

However, upon written request approved by the purchasing department and solely as a convenience to the contractor, WSFCS may:

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

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

In no event shall such approval and action obligate WSFCS to anyone other than the contractor and the contractor shall remain responsible for fulfillment of all contract obligations.

29. INSURANCE:

a. Worker's Compensation including Occupational Disease and Employer's Liability Insurance. Statutory - Amount and coverage as required by State of North Carolina Worker's Compensation laws. Employer's Liability - At least

Part A Bodily Injury Statutory Limits Part B By Accident $500,000 each accident

By Disease $500,000 policy limit $500,000 each employee

b. Public liability and Property Damage Insurance - The Contractor shall procure insurance coverage for direct operations, contractual liability and completed operations with limits not less than those stated below:

Occurrence:

General Aggregate $2,000,000 Premises Operations $1,000,000 Personal & Advertising Injury $1,000,000

c. Comprehensive Automobile Liability Insurance, including coverage for owned, hired and non-owned vehicles: A Combined Single Limit for bodily injury and property damage limit of not less than $1,000,000; and $2,000 medical payments.

d. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days' prior written notice has been given to the Owner, and that the Wake County Board of Education is listed as additional insured on general liability.

The successful bidder agrees to hold harmless and indemnify the Wake County Board of Education (WCBOE) for any liability that may arise from the negligent or illegal acts of the bidder’s employees or agents.

30. GENERAL INDEMNITY: The provider shall hold and save WSFCS, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses, accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the provider in the performance of this contract and that are attributable to the negligence or intentionally tortious acts of the provider. The provider represents and warrants that it shall make no claim of any kind or nature against WSFCS agents who are involved in the delivery or processing of contractor goods to WSFCS. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract.

31. CANCELLATION (TERM CONTRACTS ONLY): All contract obligations shall prevail for at least 180 days after the effective date of the contract. After that period, in addition to the provisions of the paragraph entitled Price Adjustments, for the protection of both parties, this contract may be canceled in whole or in part by either party by giving 30 days prior notice in writing to the other party.

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

33. 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 contractor to other customers.

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

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b. Decreases: WSFCS 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 WSFCS reserving the right to accept or reject the increase, or cancel the contract.

Such action by WSFCS shall occur not later than 15 days after the receipt by WSFCS of a properly documented request for price increase. Any increases accepted shall become effective not later than 30 days after the expiration of the original 15 days reserved to evaluate the request for increase.

34. 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.

35. LUNSFORD ACT/CRIMINAL BACKGROUND CHECKS: The Provider shall conduct at its own expense sexual offender registry checks on each of its employees, agents, ownership personnel, or contractors (“contractual personnel”) who will engage in any service on or delivery of goods to school system property or at a school-system sponsored event. The checks shall include at a minimum checks of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry (“the Registries”). For the Provider’s convenience only, all of the required registry checks may be completed at no cost by accessing the North Carolina Sex Offender Registry website at http://sexoffender.ncdoj.gov/. The Provider shall provide certification on Sexual Offender Registry Check Certification Form that the registry checks were conducted on each of its contractual personnel providing services or delivering goods under this Agreement prior to the commencement of such services or the delivery of such goods. The Provider shall conduct a current initial check of the registries (a check done more than 30 days prior to the date of this Agreement shall not satisfy this contractual obligation). In addition, Provider agrees to conduct the registry checks and provide a supplemental certification form before any additional contractual personnel are used to deliver goods or provide services pursuant to this Agreement. Provider further agrees to conduct annual registry checks of all contractual personnel and provide annual certifications at each anniversary date of this Agreement.

Provider shall not assign any individual to deliver goods or provide services pursuant to this Agreement if said individual appears on any of the listed registries. Provider agrees that it will maintain all records and documents necessary to demonstrate that it has conducted a thorough check of the registries as to each contractual personnel, and agrees to provide such records and documents to the school system upon request. Provider specifically acknowledges that the school system retains the right to audit these records to ensure compliance with this section at any time in the school system’s sole discretion. Failure to comply with the terms of this provision shall be grounds for immediate termination of the Agreement. In addition, the school system may conduct additional criminal records checks at Provider’s expense. If the school system exercises this right to conduct additional criminal records checks, Provider agrees to provide within seven (7) days of request the full name, date of birth, state of residency for the past ten years, and any additional information requested by the school system for all contractual personnel who may deliver goods or perform services under this Agreement. Provider further agrees that it has an ongoing obligation to provide the school system with the name of any new contractual personnel under the Agreement. WSFCS reserves the right to prohibit any contractual personnel of Provider from delivering goods or providing services under this Agreement if WSFCS determines, in its sole discretion, that such contractual personnel may pose a threat to the safety or well-being of students, school personnel or others.

36. ACCESS TO PERSONS AND RECORDS: The State Auditor and the WSFCS internal auditors shall have access to persons and records as a result of all contracts or grants entered into by WSFCS in accordance with General Statute 147-64.7 and Session Law 2010-194, Section 21 (i.e., the State Auditors and WSFCS may audit the records of the contractor during the term of the contract to verify accounts and data affecting fees or performance).

37. COMPLIANCE WITH E-VERIFY: Provider shall comply with all applicable laws and regulations in providing services under this

Contract. In particular, Provider shall not employ any individuals to provide services to the School System who are not authorized by federal law to work in the United States. Provider represents and warrants that it is aware of and in compliance with the Immigration Reform and Control Act and North Carolina law (Article 2 of Chapter 64 of the North Carolina General Statutes) requiring use of the E-Verify system for employers who employ twenty-five (25) or more employees and that it is and will remain in compliance with these laws at all times while providing services pursuant to this Contract. Provider shall also ensure that any of its subcontractors (of any tier) will remain in compliance with these laws at all times while providing subcontracted services in connection with this Contract.

38. COMPLIANCE WITH AFFORDABLE CARE ACT: Provider is responsible for providing affordable health care coverage to all of its full-time employees providing services to the School System. The definitions of “affordable coverage” and “full-time employee” are governed by the Affordable Care Act and accompanying IRS and Treasury Department regulations.

39. IRAN DIVESTMENT ACT: Provider certifies that as of the date of this Contract, Provider is not listed on the Final Divestment List created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. § 147-86.58. Provider understands that it is not entitled to any payments whatsoever under this Contract if this certification is false. The individual signing this Contract certifies that he or she is authorized by Provider to make the foregoing statement

Attachment: A http://sexoffender.ncdoj.gov/

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VENDOR INFORMATION SHEET

Corporate Office Address:

Forsyth County School Office Address (if different from Corporate):

Web Address:

Length of time in business: Number of permanent employees:

DOT #: MC License #:

Insurance Contact: Phone:

The Winston Salem-Forsyth County School System reserves the right to reject or disqualify any and all vendors, waive informalities and irregularities in the bid process, and to accept vendors, which are considered to be in the best interest of the School System.

Company Name (include dba):

Phone number: Fax: E-mail:

Contact:

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Attachment: B

HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150, WSFCS 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. (https://ncadmin.nc.gov/businesses/hub)

MBE INFORMATION: (Required) Please provide the following data in order for WSFCS to provide it to the Office for Historically Underutilized Businesses, NC Department of Administration.

I certify the status as a minority business (at least 51% of business is owned by) as recognized by the State of NC: (https://ncadmin.nc.gov/businesses/hub)

(check all that apply)

• Black, African American (B)

• Hispanic (H)

• Asian American (AA)

• American Indian (IA)

• Socially and Economically Disadvantaged (SE)

• Female (F)

• Not Applicable

Vendor Signature:

Date:

Print Name:

https://ncadmin.nc.gov/businesses/hub https://ncadmin.nc.gov/businesses/hub

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Attachment: C

Identification of Historically Underutilized Business Participation

Bid / Solicitation Number:

Bid / Solicitation Description:

I, , (Name of Bidder) do hereby accept that on this project, we will use the following certified Historically Underutilized Businesses (HUBs) as vendors, suppliers, subcontractors or providers of professional services.

Self-Performing: Check here if bidder will be doing all work with no subcontractors or suppliers:

Bidder’s HUB Certification Status: HUB Certified? (Circle one) Yes No

Sub-Contract HUB Firm Name, Type of Work $ Amount* HUB Address and Phone # Category**

* HUB Certification with the NC HUB Office required to be counted toward state participation goals.

**Minority categories: Black / African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F), Socially and Economically Disadvantaged (D), Disabled Business Enterprise (DBE), Nonprofit Work Center for the Blind and Severely Disabled (NPWC)

Total value of Certified HUB sub-contracting will be ($) .

Total Bid Amount ($):

HUB Participation Percentage: Total value of Certified HUB sub-contracting = % Total Bid Amount

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