RBT SUPPORT SERVICES

Memorandum from Purchasing Department
Letter of Instruction for RFP #251-27-152
To: Prospective Parties
Thank you for your interest in the Wake County Public School System. Please review the
following instructions prior to submitting your proposal.
* Prior to submitting and executing the proposal, please make sure you read and
understand the terms and conditions referenced. All proposals are subject to the
terms and conditions outlined herein. All responses will 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 Proposal or on any contract that may be awarded
resulting from this solicitation. The attachment of any other terms and conditions by
the Offeror may be grounds for rejection of that proposal. Offeror specifically agrees
to the conditions set forth in the above paragraph by signature to the proposal.
* Please read carefully the section titled CONFIDENTIALITY AND PROHIBITED
COMMUNICATIONS DURING THE RFP PROCESS. All questions should be directed to
bids-pgooding@wcpss.net.
* Offerors are cautioned that this is a request for offers, not a request to contract, and
WCPSS reserves the unqualified right to reject any and all offers when such rejection
is deemed to be in the best interest of WCPSS.
* In submitting a proposal, the Offeror agrees not to use the results there from as part
of any news release or commercial advertising.
* Submit one (1) signed, original response via electronic Vendor Portal (eVP) by the specified
time and date of opening. Vendor shall bear all risk for late electronic submission due to
unintended or unanticipated delay, including but not limited to internet issues, network
issues, or local power outages. Inability by WCPSS to open the Vendor's files may result in
the offer(s) being rejected as non-responsive.
* Questions or issues related to using the eVP Ariba Sourcing Tool can be directed to the North
Carolina eProcurement Help Desk at 888-211-7440, Option 2. Help Desk representatives are
available Monday through Friday from 7:30 AM EST to 5:00 PM EST.
* Offerors are cautioned that responses will be deemed nonresponsive if they do not include
all required information and submittals as requested.
* WCPSS publicly advertises proposal solicitations on the following sites: NC eVP at
https://evp.nc.gov and WCPSS Purchasing at http://www.wcpss.net/domain/101.
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Request for Proposal #251-27-152
1551 Rock Quarry Rd - Bldg. F RBT SUPPORT SERVICES
Raleigh, NC 27610 Contract Type: Agency Specific Term Contract
Refer ALL Inquiries to: Petra Gooding
Telephone No: 919-588-3456 DUE DATE: SEPTEMBER 9, 2026 @ 2:00 pm
E-Mail: bids-pgooding@wcpss.net Using Agency Name: WAKE COUNTY PUBLIC SCHOOL SYSTEM
NOTICE TO VENDORS
Electronic proposals, subject to the conditions made a part hereof, will be received until 2:00 p.m. on the day of opening
and then opened, for furnishing and delivering the commodity as described herein. Refer to proposal submittal below
for information regarding delivery. Proposals submitted via email or non-sealed in response to this Request for Proposal
will not be accepted. Proposals are subject to rejection unless submitted on this form.
EXECUTION
In compliance with this Request for Proposal, and subject to all the conditions herein, the undersigned offers and agrees
to furnish and deliver any or all items upon which prices are proposed, at the prices set opposite each item within the
time specified herein. By executing this proposal, I certify that this proposal is submitted competitively and without
collusion.
Failure to execute/sign this page prior to submittal shall render bid invalid. Late proposals are not acceptable.
VENDOR: 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 60 days from date of proposal opening unless otherwise stated here: ____ days.
PROPOSAL SUBMITTAL
Submit one (1) signed, original executed proposal response via eVP (emails not accepted).
Late bids, regardless of cause, will not be opened or considered, and will be automatically disqualified from further
consideration. Vendor shall bear the sole risk of late submission due to unintended or unanticipated delay. It is the Vendors'
sole responsibility to ensure its proposal has been received as described in this RFP by the specified time and date of opening.
Failure to submit a proposal in strict accordance with instructions provided shall constitute sufficient cause to reject a Vendor's
proposal(s). Solicitation responses are subject to Sealed Bidding requirements.
Vendors' proposals for this procurement must be submitted through electronic Vendor Portal (eVP). For training on how to
use eVP to view solicitations, submit questions, develop responses, upload documents, and submit offers to the district,
Vendors should go to the following site: https://eprocurement.nc.gov/training/vendor-training.
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RFP SCHEDULE
The table below shows the intended schedule for this RFP. WCPSS will make every effort to adhere to this schedule.
Event Responsibility Date and Time
Issue RFP WCPSS 8-25-26
Submit written questions to: Vendor 8-28-26 by 12:00 pm ET
bids-pgooding@wcpss.net
(Reference RFP # in the subject line)
Provide Responses to Questions WCPSS 9-1-26 by end-of-business
Submit Proposals Vendor 9-9-26 @ 2:00 PM ET
Public Live Bid Opening WCPSS/Vendor 9-9-26 @ 2:00 PM ET
(attendance is not required)
Microsoft Teams meeting Join:
https://teams.microsoft.com/meet/211174
670938884?p=LzsiH043jjSaH8kxK8
Meeting ID: 211 174 670 938 884
Passcode: J6HM32qu
PROPOSAL QUESTIONS
Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to
submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any
such questions, in written form by the above due date. WCPSS will not respond to questions via telephone or
telephone message(s). Written questions must be emailed to bids-pgooding@wcpss.net by the date and time
specified above. Vendors should enter "RFP #251-27-152 Questions" as the subject for the email. Questions
submittals should include a reference to the applicable RFP section and be submitted in the format below:
Reference Vendor Question
RFP Section, Page Number Vendor question ...?
WCPSS' response to questions received prior to the submission deadline date, and any additional terms
deemed necessary by WCPSS, will be posted in the form of an addendum to the NC eVP website at
https://evp.nc.gov and the WCPSS Purchasing website at http://www.wcpss.net/domain/101, and
shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by
any WCPSS 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 RFP.
PROPOSAL EVALUATION
All proposals will be evaluated by representatives of WCPSS. WCPSS may, at its sole discretion, ask for additional
information and/or elect to conduct interviews with finalists to clarify information provided in the proposals.
The services that are the subject of this RFQ/P are not required to be bid under North Carolina law, and none of the
statutory requirements regarding public bidding apply to this RFQ/P. This document, and not those statutes, will
govern the selection process.
WCPSS shall not be required to award the contract to the lowest proposed compensation; nor shall WCPSS have
any obligation to explain its decision to recommend or not to recommend any particular vendor or to invite or
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exclude any particular vendor from consideration at any stage of the process. Instead of recommending that
contracts be awarded to one or more vendors who presented proposals, WCPSS may, at its sole discretion, reject
the proposals and repeat the process, enter into direct contract negotiations with one or more vendors (possibly
including vendors who have not previously submitted proposals) or take any other action WCPSS deems advisable
under all the circumstances.
WCPSS is expected to make any final selection(s) based upon any factors or considerations WCPSS deems relevant.
Factors often considered include qualifications, relevant experience, fee, and ability to perform work in a timely
manner. WCPSS retains sole discretion to award the contract to the vendor(s) it believes will best serve the
interests of WCPSS and may consider any factors, documents, or information it deems relevant in making that
determination. WCPSS shall not have any obligation to explain its decision to select or not select any individual
vendors or to invite or exclude any individual vendors from consideration at any stage of the process. The decision
of WCPSS to accept or reject any proposals and to award contract(s) to any one or more vendor(s) shall be final and
not subject to further review.
Vendors are subject to immediate disqualification at any stage of the selection process for any of the following:
* The submission of false or misleading information in the vendor's proposal.
* Any efforts to dissuade or discourage other vendors from submitting proposals.
* Any efforts to influence, dictate, or change the terms of another vendor's proposal.
* Any form of bid collusion or bid rigging.
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 highest and best final evaluation which is best for WCPSS. 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. WCPSS reserves the right to waive any minor informality or technicality in proposals received.
IMPORTANT: 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 WCPSS
regarding this solicitation. All communication should be directed in written form to the WCPSS
contact indicated on pages 1, 2, and 3.
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PROJECT OBJECTIVES
The purpose is to establish one or more Special Education Services contracts for the provision of in-person
Registered Behavior Technician (RBT) support as requested by the Wake County Public School System (WCPSS).
As it relates to in-person therapy services, needs include:
RBT with skills to provide direct support to students using evidence-based practices and high-leverage
practices to support the development of replacement behaviors.
RBT with the skills to interpret and implement a behavior intervention plan including progress
monitoring data collection.
RBT with the skills to collaborate with teaching/support staff within the educational setting to support
the development of replacement behaviors.
RBT with the skills to respond to target behaviors using evidence-based interventions to de-escalate
target behaviors and maintain a safe and productive learning environment.
As it relates to indirect service, needs include:
RBT with skills to collaborate and reflect on instructional practice with supervising BCBA and school-
based staff to continue, improve, and revise student support programming.
RBT with the skills to collect and organize progress monitoring data during direct support sessions.
As it relates to maintaining records, needs include:
RBT with the skills to organize and securely maintain student records, raw data sources, and
confidential communication records for the student the RBT is tasked with supporting through the life
of the contract.
BACKGROUND
For background purposes, 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 203 schools serving a student
population of approximately 161,000, 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).
SCOPE OF WORK
RBT Service delivery:
RBT will provide direct and indirect support services to assigned student and instructional staff based
on the established Behavior Intervention Plan.
RBT will collaborate and receive feedback and instruction from their supervising BCBA to continue,
improve, and revise behavior intervention plan based on student data.
RBT will collect accurate data on student performance, implementation of identified evidence-based
interventions, and efficacy of intervention practices.
RBT will collaborate and support school-based staff in the implementation of the behavior intervention
plan and building capacity of school-based staff in the area of evidence-based practices through
modeling, demonstration, and constructive reflection.
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Multiple service providers could be requested at any given time at any WCPSS school/location or where a
WCPSS event/meeting is planned to occur.
Requests may be made throughout the current fiscal year through June 30, 2027.
WCPSS reserves the right to extend the services for up to two additional one-year terms at its discretion.
Requests may be made for a specific day, short-term, and/or long-term coverage. Requests may be
submitted in advance (i.e., FMLA or staffing assistance).
Vendor Responsibilities
Provide qualified RBT service providers as set for by the Board Analyst Certification Board.
RBTs must possess a current North Carolina practice license and be in good standing in accordance with
their practice board.
Interns or students are not to be used.
Require their employees to sign in and out on designated WCPSS logs. This includes but is not limited to the
school's sign-in systems (e.g., visitor logs) as well as completion of the WCPSS agency verification form.
It is required that all employees follow the guidelines of the assigned student's Individualized Education Plan
as identified by WCPSS staff.
If a contract is awarded, WCPSS will provide further instructions on proper procedures, protocols, and
logistics.
Items that cause a distraction (e.g., cell phones, magazines, books, etc.) are not allowed in the assignment
area.
No mileage reimbursement or travel costs will be paid by WCPSS.
In order to submit for approval, within 24 hours, the vendor must have criminal background checks and
sexual offender registry (SOR) information for all service providers that meet WCPSS requirements.
Vendor shall submit invoices monthly for actual services provided..
QUALIFICATIONS
* VENDOR shall be licensed (when applicable) and approved to do business in the State of North
Carolina.
* Two years of experience in performing the required duties is preferred. Vendor shall provide
references. References must include contact information. WCPSS shall not constitute one of
the required references.
* Demonstrated experience in performing similar projects.
* Insurance requirements referenced within as well as any Federal, State and Local requirements
shall be required and maintained.
* Vendor will be disqualified for consideration if they are listed on either the State of North Carolina
debarred vendor registry, or the Federal Government debarred vendor registry.
(Federal Government)
https://www.sam.gov/SAM/pages/public/searchRecords/searchResults.jsf
(State of North Carolina)
https://ncadmin.nc.gov/documents/nc-debarred-vendors
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COST PROPOSAL
Services provided Hourly rate
RBT Support Services
REQUIRED SUBMITTALS
* Signed, original execution page (page 2)
* Customer References (see below)
* Relevant experience and project methodology
* Cost proposal
CUSTOMER REFERENCES
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
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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.
2. NOTICE TO BIDDERS: All bids are subject to the provisions of special terms and conditions specific to this bid document.
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.
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 request 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. 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.
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15. SAMPLES: Sample 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.
16. 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.
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, 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.
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 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.
20. 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 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 bid document the vendor
certifies that it and all of its affiliates (if it has affiliates) collect 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: 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.
24. PAYMENT TERMS: Payment terms are Net no 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 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.
27. 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.
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,
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.
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.
29. INSURANCE:
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)
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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. Provider agrees to maintain the appropriate insurance outlined in Exhibit
B. 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.
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.
30. 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.
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 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 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.
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 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.
36. 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).
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