P.E. Equipment

1 | P a g e Invitation for Bid # 24-431 1551 Rock Quarry Rd Bldg. F Due Date: 3-22-24 Raleigh, NC 27610 Opening Time: 12:00 pm Refer ALL Inquiries to: Patrick Harris Telephone No: 919.588.3459 Commodity: P.E. Equipment Contract Type: Open Market: Email all quotes to bids-Pharris3@wcpss.net Using Agency Name: WAKE COUNTY PUBLIC SCHOOL SYSTEM NOTICE TO BIDDERS Quotes, subject to the conditions made a part hereof, will be received via email until: 3-22-24, 12:00 pm EXECUTION In compliance with this Invitation for Quote, and subject to all the conditions herein, the undersigned offers and agrees to furnish and deliver any or all items upon which prices are quoted, at the prices set opposite each item within the time specified herein. By executing this quote, I certify that this quote is submitted competitively and without collusion (G.S. 143-54), that none of our officers, directors, or owners of an unincorporated business

entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that we are not an ineligible vendor as set forth in G.S. 143-59.1. False certification is a Class I felony. Failure to execute/sign quote prior to submittal shall render quote invalid. Late quotes 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: AUTHORIZED SIGNATURE: DATE: E-MAIL: Offer valid for 45 days from date of quote receipt unless otherwise stated here: ____ days Prompt Payment Discount: _______ % __________________ days. http://www2.wcpss.net/ 2 | P a g e DELIVER VIA EMAIL TO: Patrick Harris Bids-Pharris3@wcpss.net Invitation for Bid NO. 24-431 Wake County Public School System Purchasing Department 1551 Rock Quarry Road Bldg. F Raleigh NC 27610-4145 PURPOSE AND BACKGROUND THE WAKE COUNTY PUBLIC SCHOOL SYSTEM (WCPSS) IS CURRENTLY THE LARGEST SCHOOL DISTRICT IN NORTH CAROLINA AND THE 15TH LARGEST IN THE UNITED STATES. THERE ARE CURRENTLY 198 SCHOOLS SERVING A STUDENT POPULATION OF APPROXIMATELY 162,000, WITH APPROXIMATELY 20,000 STAFF. WAKE COUNTY COVERS 854 SQUARE MILES. ADDITIONAL INFORMATION ABOUT THE SCHOOL SYSTEM CAN BE ACCESSED VIA THE INTERNET SITE (WWW.WCPSS.NET). PLEASE PROVIDE A QUOTE FOR THE FOLLOWING ITEM IN THE TEMPLATE BELOW. THIS IS A NON-BRAND SPECIFIC SOLICITATION AND THAT THE REFERENCED IS FOR COMPARISON PURPOSES ONLY AND ALL FUNCTIONAL EQUIVALENTS WILL BE REVIEWED. ITEMS MUST MEET OR EXCEED SPECIFICATIONS. IF NOT BIDDING/QUOTING THE MODEL REFERENCED VENDOR MUST PROVIDE DETAILED DOCUMENTATION ON PRODUCT SPECIFIED AND MUST EXPLAIN IN DETAIL HOW THE PRODUCT MEETS OR EXCEEDS WHAT IS SPECIFIED IN THE BID DOCUMENT. SPECIFICATION DETAILS, COLOR SWATCHES, ALL WARRANTY AND REPLACEMENT INFORMATION MUST BE INCLUDED TO BE CONSIDERED. WCPSS RESERVES THE RIGHT TO DETERMINE IF BIDDER’S FUNCTIONAL EQUIVALENT IS ACCEPTABLE. ALL ORDERS MUST BE SHIPPED COMPLETE AND THE WCPSS PURCHASE ORDER NUMBER MUST BE SHOWN ON THE BOXES OR PACKAGES AND MUST BE ON PACKING. ALL THIRD-PARTY SHIPPERS ARE REQUIRED TO HAVE THE PACKING LIST WITH WCPSS PURCHASE ORDER LISTED OR SHIPMENTS WILL BE RETURNED AT VENDOR’S EXPENSE. INVITATION FOR BID SHOULD BE SIGNED AND ALL PAGES OF THE BID DOCUMENT MUST BE SUBMITTED WHEN THE BID PACKAGE IS SUBMITTED TO WCPSS PURCHASING. IF NOT SIGNED, SUBMITTAL OF QUOTE MAY NOT BE CONSIDERED. PRODUCTS QUOTED MUST MEET OR EXCEED THE QUALITY AND DURABILITY OF THE REFERENCED. UNIT PRICES MUST INCLUDE ALL APPLICABLE SHIPPING CHARGES FOR QUOTE TO BE VALID. WCPSS RESERVES THE RIGHT TO AWARD LINE BY LINE OR TO THE OVERALL LOWEST BIDDER. ALL VENDORS MUST PROVIDE PROOF THAT THEY ARE REGISTERED TO DO BUSINESS WITHIN THE STATE THEY ARE REGISTERED AND ARE NOT DEBARRED BY STATE OF NC OR FEDERAL GOVERNMENT. “THERE SHOULD NOT BE COMMUNICATION OF ANY SORT PERTAINING TO THIS BID WITH ANY PARTY (VENDORS, STAFF, ETC.) AS THIS IS THE RESPONSIBILITY OF THE BUYER OF RECORD. PLEASE DIRECT ALL CALLS AND EMAILS TO MY ATTENTION. ANY DEVIATION FROM THIS PROCESS WILL VOID THE BID PROCESS. SHIPPING TO: BAUCOM ELEMENTARY 400 HUNTER ST. APEX, NC 27502 http://www.wcpss.net/ 3 | P a g e QTY DESCRIPTION VENDOR’S DESCRIPTION & ITEM # UNIT PRICE TOTAL 1 1246155 MAT CART 1 1237634 BALL CART 1 12002100 BALL LOCKER 10 1044355DS GYM MAT 6X12X2 TOTAL Please state: (Date of delivery must be included) 4 | P a g e Customer Reference Template References Vendors shall provide at least three references if you have not done previous business with WCPSS, for similar size and scope projects, for which comparable services and supplies have been provided. Name of Organization Contact Person Name Annual Contract Value Contact Person Title Contract Start Date Contact Person Telephone Number Contract End Date Contact Person Email Address Name of Organization Contact Person Name Annual Contract Value Contact Person Title Contract Start Date Contact Person Telephone Number Contract End Date Contact Person Email Address Name of Organization Contact Person Name Annual Contract Value Contact Person Title Contract Start Date Contact Person Telephone Number Contract End Date Contact Person Email Address WCPSS Purchasing Department Ethics Policy and Standards of Conduct Ethics and the Purchasing Function The Wake County Board of Education is committed to conducting the purchasing function in an ethical manner and in compliance with state and federal laws and regulations. The Board expects all employees who are directly or indirectly involved in any aspect of the purchasing function to be aware of and comply with all current state and federal laws and regulations as these standards apply to the school system’s purchasing activities. The Board’s purchasing goals and principles will not be compromised by individuals motivated by personal gain. Employees directly or indirectly involved in any aspect of the school system’s procurement, purchasing, and/or contracting process for apparatus, materials, equipment, supplies, services, real property, or construction or repair projects, regardless of source of funds, must adhere to the following standards of conduct and those established in any policies regarding employee conflict of interest and 8305: Federal Grant Administration. 1. Employees are expected to make all purchasing-related decisions in a neutral and objective way based on what is in the best interest of the school system and not in consideration of actual or potential personal benefit. 2. Employees shall not participate, directly or indirectly, in making or administering any contract from which they will obtain a direct benefit, unless an exception is allowed pursuant to law. 5 | P a g e An employee obtains a direct benefit when the employee or his or her spouse will receive income, commission, or property under the contract or the employee or spouse has more than a 10 percent interest in an entity that is a party to the contract. See G.S. 14-234 and any policies regarding employee conflict of interest. Participation in making or administering a contract includes, but is not limited to, participating in the development of specifications or contract terms; obtaining or reviewing bids; preparation or award of the contract; and having the authority to make decisions about, interpret, or oversee the contract. 3. Employees shall not participate, directly or indirectly, in the selection, award, or administration of a contract supported in whole or part by a federal grant or award if the employee has a real or apparent conflict of interest. See 2 C.F.R. 200.318 and policy 8305: Federal Grant Administration. A real or apparent conflict exists when the employee, his or her immediate family member or partner, or an organization which employs or is about to employ any of those individuals, has a financial or other interest in or receives a tangible personal benefit from a firm considered for a contract. For purposes of this subsection, a “financial interest” means a financial interest which comprises more than five percent of the equity of the firm or business or more than five percent of the assets of the economic interest in indebtedness. It does not include an ownership interest held through a fiduciary, such as a mutual fund or blind trust, where the individual or individual’s employer has no control over the selection of holdings. 4. Employees shall not influence or attempt to influence any person involved in making or administering a contract from which the employee will obtain a direct benefit as described in paragraph 2, above. 5. Employees shall not solicit or receive any gift, favor, reward, service, or promise of reward, including a promise of future employment, in exchange for recommending, influencing, or attempting to influence the award of a contract by the school system. 6. Employees shall notify the superintendent or designee in writing if they have an actual or potential conflict of interest under this policy or applicable state or federal law that would disqualify them from performing any aspect of their job responsibilities. 7. Employees shall not solicit or accept trips, meals, gratuities, gifts, favors, or anything of monetary value from current or recent (within the past year) contractors, subcontractors, or suppliers, or any persons or entities that foreseeably may bid on a contract in the future, unless the item is an unsolicited gift of nominal value ($50 or less), and is one of the following: an advertising item or souvenir that is widely distributed; an honorarium for participating in a meeting; a meal provided at a banquet; or other item that is clearly permitted by state and federal law. Multiple permitted items from a single contractor may not exceed an aggregate value of $100 in a twelve-month period. Employees shall inform existing and potential contractors, subcontractors, and suppliers about these restrictions. 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. 2. NOTICE TO BIDDERS: All bids are subject to the provisions of special terms and conditions specific to this Invitation for Bids, the specifications. Wake County Public School System (WCPSS) 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. 3. 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. 4. EXECUTION: Failure to sign under EXECUTION section will render bid invalid. 5. 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. http://redirector.microscribepub.com/?cat=stat&loc=nc&id=14&spec=234 http://redirector.microscribepub.com/?cat=cfr&loc=us&id=2&spec=200.318 http://redirector.microscribepub.com/?cat=cfr&loc=us&id=2&spec=200.318 6 | P a g e 6. 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. 7. 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. 8. 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. 9. RECYCLING AND SOURCE REDUCTION: It is the policy of WCPSS 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 WCPSS which issued the solicitation document, those products or packaging they offer which have recycled content and that are recyclable. 10. 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 WCPSS 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. 11. ACCEPTANCE AND REJECTION: WCPSS 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 and the other is obviously correct, the incorrect price will be disregarded. 12. REFERENCES: WCPSS reserves the right to require a list of users of the exact item offered. WCPSS may contact these users to determine acceptability of the bid. Such information may be considered in the evaluation of the bid. 13. 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 WCPSS 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 WCPSS to be pertinent or peculiar to the purchase in question. Unless otherwise specified by WCPSS or the bidder, WCPSS reserves the right to accept any item or group of items on a multi-item bid. WCPSS also reserves the right to reject any and all bids. In addition, on TERM CONTRACTS, WCPSS 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 WCPSS to be pertinent or peculiar to the purchase in question. 14. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150, WCPSS 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. CONFIDENTIAL INFORMATION: As provided by statute and rule, WCPSS 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. 16. 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 WCPSS 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. 17. AWARD PROCEDURES: Contract award notice shall be posted on WCPSS website. Contract award notices are sent only to those actually awarded contracts, and not to every person or firm responding to this solicitation. 7 | P a g e 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 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. 19. DEFAULT AND PERFORMANCE BOND: In case of default by the contractor, WCPSS may procure the articles or services from other sources and hold the contractor responsible for any excess cost occasioned thereby. WCPSS reserves the right to require performance bond or other acceptable alternative guarantees from successful bidder without expense to WCPSS. 20. 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 WCPSS, indicating the specific regulation which required such alterations. WCPSS reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract. 21. TAXES: Any applicable taxes shall be invoiced as a separate item. G.S. 143-59.1 bars the WCPSS 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. 22. 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. 23. GOVERNING LAWS: This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina. 24. INSPECTION AT CONTRACTOR’S SITE: WCPSS 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 WCPSS 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. 25. 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. 26. 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. 27. STANDARDS: All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization; such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers’ Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution. 28. PATENT: The contractor shall hold and save WCPSS, 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 WCPSS or disclosure of any information pursuant to the NC Public Records Act. 29. 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, WCPSS 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. 8 | P a g e In no event shall such approval and action obligate WCPSS to anyone other than the contractor and the contractor shall remain responsible for fulfillment of all contract obligations. 30. INSURANCE: a. Commercial General Liability: The Vendor 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 Medical Expense (any one person) $5,000 b. 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 $2,000,000; and $2,000 medical payments. c. Worker's Compensation including Occupational Disease and Employer's Liability Insurance. Part A: Worker’s Compensation Coverage – Statutory Limits as required by state of North Carolina Worker’s Compensation laws. Part B: Employer’s Liability: Bodily Injury by Accident: $500,000 each accident Bodily Injury by Disease: $500,000 each employee Bodily Injury by Disease: $500,000 Policy Limit d. Professional Liability Insurance (PL)/Errors and Omissions (E&O) – Required for any services involving professional services such as architectural and or engineering services. May include malpractice insurance if medical or mental health services are provided. Minimum Limit requirements $1,000,000 e. Sexual Misconduct Insurance (SML)/Sexual Abuse/Molestation - Required for any provider services when alone with students. Covers allegations of sexual abuse by policyholder and those employed by them, whether founded or unfounded. Minimum Limit requirements 1,000,000. f. Cyber Liability: Required for any activity involving personal identifiable information or software applications. Minimum Limit requirements $1,000,000 up to $5,000,000. g. Other types of appropriate insurance may be required depending upon scope of services provided. Examples are aviation liability, pollution liability, crime, employee dishonesty/directors and officers. h. Certificates of Insurance acceptable to WCPSS shall be filed with WCPSS 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 WCPSS, and that the Wake County Board of Education is listed as additional insured on general liability and automobile liability. The successful vendor 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 vendor’s employees or agents. 31. GENERAL INDEMNITY: The provider shall hold and save WCPSS, 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 WCPSS agents who are involved in the delivery or processing of contractor goods to WCPSS. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract. 9 | P a g e 32. 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. 33. QUANTITIES (TERM CONTRACTS ONLY): The award of a term contract neither implies nor guarantees any minimum or maximum purchases there under. 34. 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 WCPSS, in writing, concerning any proposed price adjustments. Such notification shall be accompanied by copy of manufacturer’s official notice or other acceptable evidence that the change is general in nature. b. Decreases: WCPSS shall receive full proportionate benefit immediately at any time during the contract period. 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 WCPSS reserving the right to accept or reject the increase or cancel the contract. Such action by WCPSS shall occur not later than 15 days after the receipt by WCPSS 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. 35. 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. 36. 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 check 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 who may deliver goods or provide services under the Agreement. WCPSS reserves the right to prohibit any contractual personnel of Provider from delivering goods or providing services under this Agreement if WCPSS 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. 37. ACCESS TO PERSONS AND RECORDS: The State Auditor and the WCPSS internal auditors shall have access to persons and records as a result of all contracts or grants entered into by WCPSS in accordance with General Statute 147- 64.7 and Session Law 2010-194, Section 21 (i.e., the State Auditors and WCPSS may audit the records of the contractor during the term of the contract to verify accounts and data affecting fees or performance). 10 | P a g e 38. 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. 39. 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. 40. RESTRICTED COMPANIES LIST: Bidder represents that as of the date of this bid, Bidder is not included on the Final Divestment List created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. § 147-86.58. Bidder also represents that as of the date of this bid, Bidder is not included on the list of restricted companies determined to be engaged in a boycott of Israel created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. § 147-86.81. 41. BUSINESS AUTHORIZATION: Bidder is duly qualified to do business in North Carolina. If Bidder is a business entity that is not registered in North Carolina, prior to providing any products or beginning any services described by this bid, Bidder shall either (i) obtain a certificate of authority from the Secretary of State for North Carolina, pursuant to N. C. Gen. Stat. § 55-15-03, or (ii) provide a letter from an attorney indicating that the attorney has reviewed N. C. Gen. Stat. § 55-15- 01 and determined that Bidder is not required to obtain a certificate of authority pursuant to N. C. Gen. Stat. § 55-15-01(b). 11 | P a g e Company Name (include dba): ___________________________________________________________ Phone number: ___________________ Fax: _______________________ E-mail: ____________________ Contact: __________________________________ Attachment: A VENDOR INFORMATION SHEET Corporate Office Address: ________________________________________________________________ Wake County Office Address (if different from Corporate): ______________________________________ ______________________________________________________________________________________ Web Address: __________________________________________________________________________ Length of time in business: _______________ Number of permanent employees: ____________________ (If Applicable to Request) DOT #: ___________________________________MC License #:________________________________ Insurance Contact: ________________________________Phone:_________________________________ The Wake County Public 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. 12 | P a g e Attachment: B Minority, Women, Small Business Enterprise Information: Pursuant to WCPSS Board of Education policy and NC General Statutes, WCPSS invites and encourages participation in this procurement process by businesses owned by minorities, women, small business enterprise, disabled business enterprises and non-profit work centers for the blind and severely disabled. Parties are required to complete the following information when submitting their response to this request: Check all that apply:  Minority Owned Business  Woman Owned Business  Small Business Enterprise ____ Yes, I certify that that my company has been certified by the North Carolina Department of Administration (HUB Office) as a Historically Underutilized Business. ____ No, my company has not yet received HUB or MWBE certification but meet the above criteria. ____ No, my company is not a minority, woman or small business enterprise. Vendor Signature: ___________________________________ Date: __________________ Print Name: _________________________________ (MUST COMPLETE) 13 | P a g e Attachment: C Identification of Historically Underutilized Business Participation Sub Contractors 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** **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 = ______________%