LETTERLAND MATERIALS

Invitation for Bid # 251-27-137
1551 Rock Quarry Rd - Bldg. F Proposals will be publicly opened: July 2, 2026 @ 2:00 PM
Raleigh, NC 27610 Contract Type: Agency Specific Term Contract
Refer ALL Inquiries to: Petra Gooding Commodity: LETTERLAND MATERIALS & PROFESSIONAL
Telephone No: 919-588-3456 LEARNING (GRADES K-2)
E-Mail: bids-pgooding@wcpss.net Using Agency Name: WAKE COUNTY PUBLIC SCHOOL SYSTEM
NOTICE TO BIDDERS
Bids are subject to rejection unless submitted on this form. Failure to submit a bid in accordance with the instructions throughout
this document shall constitute just cause to reject bid. See below for bid/proposal submitting instructions. Bids submitted via
facsimile (FAX) machine or email in response to this Invitation for Bids will not be acceptable.
EXECUTION
In compliance with this Invitation for Bid, 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. 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.
Failure to execute/sign this page 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:
AUTHORIZED SIGNATURE: DATE: E-MAIL:
Offer valid for 45 days from date of bid opening unless otherwise stated here: ____ days Prompt Payment Discount:
_______ % __________________ days.
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IFB SCHEDULE
The table below shows the intended schedule for this IFB. WCPSS will make every effort to adhere to this schedule.
Event Responsibility Date and Time (ET.)
Issue IFB WCPSS 6-22-26
Submit Written Questions Vendor 6-24-26 by 2:00 pm
Provide Response to Questions WCPSS 6-25-26 by End of Business
Submit Proposals Vendor 7-2-26 by 2:00 pm
Public Live Bid Opening WCPSS 7-2-26 at 2:00 pm
(vendor attendance is not required)
Microsoft Teams meeting Join:
https://teams.microsoft.com/meet/2981892701
7187?p=edSERxSMX0TOnExG8s
Meeting ID: 298 189 270 171 87
Passcode: ur7FG97d
PROPOSAL QUESTIONS
Upon review of the IFB documents, Vendors may have questions to clarify or interpret the IFB in order to submit the best
proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the
above due date.
Written questions shall be emailed to bids-pgooding@wcpss.net by the date and time specified above. Vendors should
enter "IFB 251-27-137 Questions" as the subject for the email. Question's submittals should include a reference to the
applicable IFB section and be submitted in a format shown below:
Reference Vendor Question
IFB Section, Page Number Vendor question ...?
Questions received prior to the submission deadline date, WCPSS' response, and any additional terms deemed necessary
by WCPSS will be posted in the form of an addendum and shall become an Addendum to this IFB. 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 IFB, shall be considered authoritative or binding. Vendors shall rely only on written material contained
in an Addendum to this IFB. Addendum's associated with the Invitation for Bid will be posted to the following links
and it will be the vendor's responsibility to adhere to and check these addendums prior to bid submittal:
(http://wcpss.net/domain/101)
(http://www.evp.nc.gov/solicitations)
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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PURPOSE
The Wake County Public School System's (WCPSS) is seeking to obtain updated versions of Letterland materials for
each K-2 teacher in the district, including grade-level specific training.
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 in the district, including 123
elementary schools, 38 middle schools, 32 high schools, and 10 special 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
* Please provide a quote for the following items in the template below.
* Grade specific curriculum packs will be required for each K-2 teacher
* Small group set of Decodable Readers will be required for each Kindergarten teacher
* NO SUBSTITUTES!!! Items are an expansion of and compatible with materials already in use by
the district.
* Items will be shipped to a single location.
Product will ship FOB to: Wake County Public Schools
Central Receiving
1551 Rock Quarry Road
Raleigh, NC 27610
QTY ITEM DESCRIPTION PER UNIT PRICE
TBD ITEM #TQ63 - ISBN #9781782486213 - LETTERLAND KINDERGARTEN
PACK (2ND EDITION), PER TEACHER:
TBD TV59 - ISBN #9781836140412 - KINDERGARTEN DECODABLE READERS
(2ND EDITION), PACK OF 50, SET OF 5
TBD ITEM #TS64 - ISBN #9781782487623 - LETTERLAND GRADE ONE PACK
(2ND EDITION), PER TEACHER
TBD ITEM #TS65 - ISBN #9781782487630 - LETTERLAND GRADE TWO PACK
(2ND EDITION), PER TEACHER
TBD TRAINIING SESSION - FOR ALL NEW TEACHERS WHO HAVE NOT
TAUGHT CLASSIC LETTERLAND VERSION (6 HOURS)
TBD TRAINING SESSION - KINDERGARTEN GRADE-LEVEL SPECIFIC TRAINING
FOR NEW CURRICULUM (4 HOURS) - 35 PER GROUP
TBD TRAINING SESSION - 1ST & 2ND GRADE-LEVEL SPECIFIC TRAINING FOR
NEW CURRICULUM (3 HOURS) - 35 PER GROUP
SHIPPING (PLEASE LIST PERCENTAGE OR RATE)
ALL APPLICABLE SHIPPING CHARGES MUST BE INCLUDED FOR QUOTE TO BE VALID
ITEM NUMBERS AND DESCRIPTIONS ARE FROM THE LETTERLAND WEBSITE
ORDERS WILL BE MADE ON MULTIPLE PURCHASE ORDERS. PRICING TO BE HELD FIRM THROUGH 6/30/27.
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VENDOR QUALIFICATIONS
* VENDOR shall be licensed (when applicable) and approved to do business in the State of North
Carolina.
* Vendor shall provide appropriate references demonstrating experience performing similar projects
in size and scope with K-12 entities. References must include contact information. WCPSS shall
not constitute one of the required references.
* If the contract therapist is a new graduate, agency-provided supervision is preferred.
* Passing score on WCPSS background check and completed/passed Sex Offender Registry form
from the agency.
* Present sufficient qualified personnel to carry out the project in a timely fashion. Please include
staffing information and resumes for therapists who would serve students
* 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.
COST
* Vendor shall provide their cost proposal on their own form as the final page of the IFB.
* Vendor shall propose pricing as an overall annual cost for all ECS students in the district.
* Vendor's proposal should be inclusive of any new schools that are added to the district during the term of the
award or include a cost per school for additional sites.
* Pricing shall be firm through the term of the award and any extensions.
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.
An evaluation team will review the proposals using the criteria below and make a recommendation. The criteria listed will
be used to evaluate the proposals for the purpose of ranking them in relative position based on how fully each proposal
meets the requirements of this IFB.
AWARD OF CONTRACT
It is the general intent to award this contract to a single overall bidder. The right is reserved, however, to make awards to
multiple vendors, if such shall be considered by Wake County Public School System to be most advantageous or to
constitute its best interest. The successful bidder(s) will be notified by the Purchasing Department.
AWARD CRITERIA
1. Pricing.
2. Quality of Service: Includes answers and methodology where applicable.
3. Experience and References: WCPSS requests minimum of three reference accounts be provided. Each reference
should demonstrate a record of quality work spanning at least three years. If any vendor submitting a proposal is
limited in the number of reference accounts available, vendor should submit a list of all accounts of record within the
last three years. Vendors shall not use WCPSS as a past reference.
4. Conformity with specifications herein.
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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
SOURCE SELECTION
WCPSS will review all information submitted in order for WCPSS to award the contract to the bidder providing the most
responsive/responsible low bid.
i. The evaluation committee may request clarifications, an interview with or presentation from any or all bidders.
However, the WCPSS may refuse to accept, in full or partially, the response to a clarification request given by
any bidder. Bidders are cautioned that the evaluators are not required to request clarifications; therefore, all
offers should be complete and reflect the most favorable terms.
ii. Evaluation Process Explanation. WCPSS employees will evaluate all proposals. All proposals will be initially
classified as being responsive or non-responsive. If a proposal is found non-responsive, it will not be
considered further. All responsive proposals will be evaluated based on stated evaluation criteria, as provided
with this IFB. Any references in an answer to another location in the IFB materials or Proposal shall have
specific page numbers and sections stated in the reference.
iii. To be eligible for consideration, a bidder must meet the intent of all requirements. Compliance with the intent
of all requirements will be determined by WCPSS. Responses that do not meet the full intent of all
requirements listed in this IFB may be subject to point reductions during the evaluation process or may be
deemed non-responsive. Further, a serious deficiency in the response to any one factor may be grounds for
rejection.
iv. Bidders are advised that WCPSS is not obligated to ask for or accept after the closing date
Bidder may be disqualified from any evaluation or award if bidder or any key personnel proposed, has
previously failed to perform satisfactorily during the performance of any contract with WCPSS, or violated
rules or statutes applicable to public bidding in the State of North Carolina, as documented. Vendors must not
be debarred from doing business with the State of North Carolina or Federal Government.
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CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION
During the evaluation period-from the date bids are opened through the date the contract is awarded-each Vendor
submitting a bid (including its representatives, sub-contractors and/or suppliers) is prohibited from having any
communications with any person inside or outside of WCPSS, other government agency office, WCPSS body or private
entity, if the communication refers to the content of Vendor's bid or qualifications, the contents of another Vendor's bid,
another Vendor's qualifications or ability to perform the contract, and/or the transmittal of any other communication of
information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of bids
and/or the award of the contract. A Vendor not in compliance with this provision shall be disqualified from contract award,
unless it is determined in WCPSS' discretion that the communication was harmless, that it was made without intent to
influence and that the best interest of WCPSS would not be served by the disqualification. A Vendor's bid may be
disqualified if its sub-contractor and supplier engage in any of the foregoing communications during the time that the
procurement is active (i.e., the issuance date of the procurement to the date of contract award). Please contact bids-
gooding@wcpss.net .
VENDORS ARE CAUTIONED THAT ALL RESPONSES MUST BE ORGANIZED, IDENTIFIABLE AND READILY
ACCESSIBLE. A TEMPLATE IS PROVIDED FOR USE BUT ANY ADDITIONAL INFORMATION SHOULD
REFLECT IDENTIFIABLE LANGUAGE AND BE ACCESSIBLE AND ORGANIZED.
NON-PREFERENCE
It is the intent of WCPSS to procure products in the stated quantity, quality, and size as described in this request while
adhering to general statutes specific to public schools and WCPSS Board of Education policy. The manufacturer, brand
name and model numbers are used to provide respondents specific information on the quality and usefulness of the
product that is being requested. These references are not intended to restrict comparable products. Other manufacturers
and brands will be considered if they meet or exceed the minimum standards of the product referenced. See below for
accompanying literature that is required when submitting your bid.
DESCRIPTIVE LITERATURE/CERTIFICATION
Each bid shall be accompanied by complete descriptive literature, specifications, and all other pertinent data necessary for
thorough evaluation of the item(s) bid and sufficient to determine compliance of the item(s) with the specifications.
DEVIATIONS
Any deviations from specifications and requirements herein by bidder may subject proposal to disqualification.
FIRM BID
Prices and any other entry made hereon by the bidder shall be considered firm and not subject to change or withdrawal.
TAXES
Wake County Public School System is NOT tax-exempt. Unless otherwise indicated, tax must be computed and added to
your bid. Any itemized shipping charges are also subject to tax.
REQUIRED SUBMITTALS
1. Signed execution page (page 1)
2. Completed Attachments A & B
3. Cost proposal
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4. References
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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 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.
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;
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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 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.
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 rrefusesto 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 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.
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.
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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.
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:
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. 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.
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.
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 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
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