Rugby Middle School Sidewalk Project

Board of Public Education
Amy Lynn Holt, Chairperson
Dr. Kathy Revis, Vice Chairperson
Beth Campbell
Stephanie Cantwell
414 Fourth Avenue West, Hendersonville, NC 28739-4261 Blair Craven
Mark R. Garrett, Superintendent Shelia Dale
Alyssa Norman
HENDERSON COUNTY PUBLIC SCHOOLS
RFP # 2026-15
TITLE / PROJECT: Rugby Middle School Sidewalk Project
USING AGENCY: Henderson County Public Schools
ISSUE DATE: May 15, 2026
MANDATORY PRE-BID SITE VISIT: Thursday, May 28, 2026 at 10:00 AM (EST). It shall be mandatory
that each bidder's representative attend this pre-bid. The purpose of this visit is for all prospective bidders to
acquaint themselves with the conditions and requirements of the site and of the tasks to be performed. Henderson
County Public School will have staff available to discuss the project and answer questions regarding the scope of
work. Vendor must check in at School Office.
LOCATION: Rugby Middle School, 3345 Haywood Road, Hendersonville, NC 28791
FAILURE TO COMPLY WITH THE PRE-BID REQUIREMENT WILL RESULT IN REJECTION OF YOUR BID.
Bidder is cautioned that any information released during site visit, other than that involving the physical aspects
of the facilities themselves, and which conflicts with, supersedes, or adds to requirements in this Request for
Proposal, must be confirmed by written addendum before it can be considered to be a part of this Request for
Proposal document. Bidder bidding otherwise does so at his own risk.
BID DEADLINE: Sealed Proposals subject to the conditions made a part hereof will be received until 2:00 PM
(EST) on Thursday, June 4, 2026 for furnishing all labor, materials, equipment, and services incidental and
implied, described herein. **SEND ALL SEALED PROPOSALS DIRECTLY TO THE ISSUING AGENCY
ADDRESS AS SHOWN ON THE NEXT PAGE OR SUBMIT VIA EMAIL TO: bids@hcpsnc.org Include
"RFP 2026-15 BID" in the email subject line. All pages of the bid package must be returned.
LATE BIDS: Late bids, regardless of cause, will not be opened or considered, and will automatically be
disqualified from further consideration. It shall be the Vendor's sole responsibility to ensure delivery at the
designated office by the designated time. Vendor shall bear the risk for late submission due to unintended or
unanticipated delay whether submitted electronically, delivered by hand, U.S. Postal Service, courier or other
delivery service. It is the Vendor's sole responsibility to ensure that its bid has been received by this Office by
the specified time and date of opening. The date and time of submission will be marked on each bid when received,
and any bid received after the bid submission deadline will be rejected.
It is highly recommended that you call Joni Huchzermeier at 828-697-4733 extension 2232 to confirm your bid
was received prior to the bid deadline allowing yourself enough time for resubmittal.
"It is the policy of the Henderson County Public School System not to discriminate on the basis of race, ethnic origin, sex or disability in its educational programs, activities, or employment policies."

DELIVERED BY US POSTAL SERVICE HAND DELIVERY
RFP NO. 2026-15 RFP NO. 2026-15
Henderson County Public Schools Henderson County Public Schools
414 Fourth Avenue West 414 Fourth Avenue West
Hendersonville, NC 28739 Hendersonville, NC 28739
Attn: Joni Huchzermeier, CLGPO, Purchasing Attn: Joni Huchzermeier, CLGPO, Purchasing
Agent Agent
IMPORTANT NOTE: Indicate firm name and RFP number on the front of each proposal envelope or package,
along with the date for receipt of proposals specified above. EMAILED BIDS WILL BE ACCEPTED.
SUBMIT EMAILED BIDS TO: bids@hcpsnc.org Include "RFP 2026-15 BID" IN THE EMAIL SUBJECT
LINE.
QUESTIONS: Questions concerning the specifications in this Request for Proposal will be received until 3:00
PM on May 28, 2026 (EST). If any modifications to the specifications are necessary, an addendum will be issued
no later than 4:30 PM on May 28, 2026 to all proposal holders who attended the mandatory site visit.
Direct all inquiries concerning this RFP in writing to: Joni Huchzermeier, CLGPO
Purchasing Agent
jdhuchzermeier@hcpsnc.org
It is the bidder's responsibility to assure that all bid pages and addenda have been reviewed and, if need
be, signed and returned.
The Henderson County Board of Education reserves the right to reject any or all bids for any or no reason
and to waive informalities.
"It is the policy of the Henderson County Public School System not to discriminate on the basis of race, ethnic origin, sex or disability in its educational programs, activities, or employment policies."

THE PROCUREMENT PROCESS
The following is a general description of the process by which a vendor will be selected to provide services.
1. Request for Proposal is issued to prospective bidders.
2. A preproposal conference (if applicable) and/or deadline for written questions is five days prior to the
due date.
3. Proposals in one original will be received from each bidder in a sealed envelope or package or if allowable,
submitted via email as described. The original shall be signed and dated by an official authorized to bind the
firm. Unsigned proposals will not be considered.
4. All proposals must be received by the issuing agency not later than the date and time specified on the cover
Sheet of this RFP.
5. After the bid deadline, the package containing the proposals from each responding firm will be opened. The
purchasing division will furnish bid tabs upon request.
6. At their option, the evaluators may request oral presentations or discussion with any or all bidders for the
purpose of clarification or to amplify the materials presented in any part of the proposal. However, bidders
are cautioned that the evaluators are not required to request clarification; therefore, all proposals should be
complete and reflect the most favorable terms available.
7. Proposals will be evaluated and awarded as provided by Statue based on the lowest responsible, responsive
bidder.
8. Bidders are cautioned that this is a request for offers, not a request to contract, and the Henderson County
Public Schools reserves the right to reject any and all offers when such rejection is deemed to be in the best
interest of Henderson County Public Schools.
GENERAL INFORMATION ON SUBMITTING PROPOSALS
1. EXCEPTIONS: All proposals are subject to the terms and conditions outlined herein. All responses
shall be controlled by such terms and conditions and the submission of other terms and conditions,
price lists, catalogs, and/or other documents as part of a bidder's response will be waived and have no
effect either on this Request for Proposals or on any contract that may be awarded resulting from this
solicitation. Bidder specifically agrees to the conditions set forth in the above paragraph by signature
to the proposal.
2. CERTIFICATION: By executing the proposal, the signer certifies that this proposal is submitted
competitively and without collusion (G.S. 143-54), that none of our officers, directors, or owners of an
unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes,
the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that we are not an
ineligible vendor as set forth in G.S. 143-59.1. False certification is a Class I felony.
3. ORAL EXPLANATIONS: The State/Henderson County Public Schools shall not be bound by oral
explanations or instructions given at any time during the competitive process or after award.
"It is the policy of the Henderson County Public School System not to discriminate on the basis of race, ethnic origin, sex or disability in its educational programs, activities, or employment policies."

4. REFERENCE TO OTHER DATA: Only information which is received in response to this RFP will be
evaluated; reference to information previously submitted shall not be evaluated.
5. ELABORATE PROPOSALS: Elaborate proposals in the form of brochures or other presentations beyond
that necessary to present a complete and effective proposal are not desired.
In an effort to support the sustainability efforts of the State of North Carolina we solicit your cooperation in
this effort.
It is desirable that all responses meet the following requirements:
* All copies are printed double sided.
* All submittals and copies are printed on recycled paper with a minimum post-consumer content of
30% and indicate this information accordingly on the response.
* Unless absolutely necessary, all proposals and copies should minimize or eliminate use of non-
recyclable or non-reusable materials such as plastic report covers, plastic dividers, vinyl sleeves, and
GBC binding. Three-ringed binders, glued materials, paper clips, and staples are acceptable.
* Materials should be submitted in a format which allows for easy removal and recycling of paper
materials.
6. COST FOR PROPOSAL PREPARATION: Any costs incurred by bidder in preparing or submitting offers
are the bidder's sole responsibility; Henderson County Public Schools will not reimburse any bidder for any
costs incurred prior to award.
7. TIME FOR ACCEPTANCE: Each proposal shall state that it is a firm offer which may be accepted within
a period of 45 days. Although the contract is expected to be awarded prior to that time, the 45-day period is
requested to allow for unforeseen delays.
8. TITLES: Titles and headings in this RFP and any subsequent contract are for convenience only and shall
have no binding force or effect.
9. CONFIDENTIALITY OF PROPOSALS: In submitting its proposal, the bidder agrees not to discuss or
otherwise reveal the contents of the proposal to any source outside of the using or issuing agency, government
or private, until after the award of the contract. Bidder not in compliance with this provision may be
disqualified, at the option of Henderson County Public Schools, from contract award. Only discussions
authorized by the issuing agency are exempt from this provision.
10. RIGHT TO SUBMITTED MATERIAL: All responses, inquiries, or correspondence relating to or in
reference to the RFP, and all other reports, charts, displays, schedules, exhibits, and other documentation
submitted by the bidder shall become the property of Henderson County Public Schools when received.
11. OFFEROR'S REPRESENTATIVE: Each bidder shall submit with its proposal the name, address, and
telephone number of the person(s) with authority to bind the firm and answer questions or provide clarification
concerning the firm's proposal.
12. SUBCONTRACTING: Bidder may propose to subcontract portions of the work provided that their
proposals clearly indicate what work they plan to subcontract and to whom and that all information required
about the prime contractor is also included for each proposed subcontractor.
"It is the policy of the Henderson County Public School System not to discriminate on the basis of race, ethnic origin, sex or disability in its educational programs, activities, or employment policies."

13. PROPRIETARY INFORMATION: Trade secrets or similar proprietary data which the bidder does not
wish disclosed to other than personnel involved in the evaluation or contract administration will be kept
confidential to the extent permitted by NCAC T01:05B.1501 and G.S. 132-1.3 if identified as follows: Each
page shall be identified in boldface at the top and bottom as "CONFIDENTIAL". Any section of the proposal
which is to remain confidential shall also be so marked in boldface on the title page of that section. Cost
information may not be deemed confidential. In spite of what is labeled as confidential, the determination as
to whether or not it is shall be determined by North Carolina law.
14. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive
Order #150, the State/ Henderson County Public Schools invites and encourages participation in this
procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and
non-profit work centers for the blind and severely disabled.
15. PROTEST PROCEDURES: If a bidder wants to protest a contract awarded pursuant to this solicitation,
they must submit a written request to the Purchasing Agent, Henderson County Public Schools, 414 Fourth
Avenue West, Hendersonville, NC 28731. This request must be received by the Purchasing Division within
thirty (30) consecutive calendar days from the date of the contract award. Protest letters must contain specific
reasons and any supporting documentation for the protest. Note: Contract award notices are sent only to
those actually awarded contracts, and not to every person or firm responding to this solicitation. Contract
status and award notices are available through the Purchasing Division or the project designer with contact
information as shown on the first page of this solicitation.
16. TABULATIONS: Bidders may call the Purchasing Division to obtain a verbal status of contract award.
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.
"It is the policy of the Henderson County Public School System not to discriminate on the basis of race, ethnic origin, sex or disability in its educational programs, activities, or employment policies."

HENDERSON COUNTY PUBLIC SCHOOLS
STANDARD TERMS & CONDITIONS
The Contract, Henderson County Public School's Standard Terms and Conditions, and any documents
incorporated specifically by reference represent the entire agreement between the parties and supersede all
prior oral or written statements or agreements. All promises, requirements, terms, conditions, provisions,
representations, guarantees, and warranties contained herein shall survive the contract expiration or
termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or
State statutes of limitation.
1. E-Verify: As required by N.C.G.S. 143-133.3, Contractor certifies that it verifies the work authorization
of each of its employees under the requirements of N.C.G.S. Article 2 of Chapter 64 ("E-Verify"). If
Contractor utilizes a subcontractor of any tier, Contractor shall require all subcontractor(s) of any tier to
comply with E-Verify requirements.
2. Jessica Lunsford Act: Under North Carolina law, certain sex offenders are prohibited from coming onto
school campuses. Contractor agrees to conduct an annual check of the N.C. Sex Offender and Public
Protection Registration Program, the N.C. Sexually Violent Predator Registration Program and the
National Sex Offender Registry for all of its employees whose job involves direct interaction with students
as part of the job. Henderson County Public Schools prohibits any personnel listed on such registries from
being on any property owned or operated by Henderson County Public Schools and from having any direct
interaction with students. As a term of this Contract, said checks must be performed by the Contractor
and reported to Henderson County Public School's Superintendent or designee, if Contractor's employees
will be working directly with students. Under provisions set forth in the Jessica Lunsford Act under
North Carolina law, Contractor certifies that by entering into a contract with Henderson County
Public Schools, neither Contractor nor any employee or agent of Contractor, is listed as a sex
offender on the N.C. Sex Offender and Public Protection Registration Program, the N.C. Sexually
Violent Predator Registration Program, and/or the National Sex Offender Registry.
3. Termination: The Contract may be terminated by either party hereto upon thirty (30) days written notice
to the other. In the event the Contract is terminated pursuant to the provisions of this paragraph, Henderson
County Public Schools shall have no obligation to compensate Contractor for services which have not
been performed. Unless otherwise agreed by the Parties in writing, Contractor shall continue to provide
services to Henderson County Public Schools during the thirty (30) day notice period, at the same rate of
service performed by Contractor during the thirty (30) days prior to receipt of notice. If Contractor fails
to do so, Henderson County Public Schools may retain any monies otherwise due to Contractor.
4. Independent Contractor: It is understood that Contractor executes the Contract as an independent
contractor and that Contractor shall have the exclusive control over the means, methods and details of
fulfilling its obligation under the Contract. The Contract is not intended and shall not be construed to
create the relationship of principal-agent, master-servant, employer-employee, partnership, joint venture,
joint enterprise, or association between the Parties or any of their owners, officers, directors, members,
managers, partners, representatives, employees or agents. Contractor agrees to perform and discharge all
obligations of an independent contractor under any and all laws, whether existing or in the future in any
way pertaining to the tasks hereunder, including but not limited to Social Security laws, Workers'
Compensation Insurance, income taxes, and State Employment Insurance taxes or contributions; and
Contractor will hold Henderson County Public Schools harmless against all such laws. Neither federal
nor state local income tax, nor payroll tax of any kind shall be withheld or paid by Henderson County
Public Schools on behalf of the Contractor or the employees of Contractor. No Worker's Compensation
"It is the policy of the Henderson County Public School System not to discriminate on the basis of race, ethnic origin, sex or disability in its educational programs, activities, or employment policies."

Insurance shall be obtained by Henderson County Public Schools concerning Contractor or Contractor's
employees.
5. Audit: During and after the term of the contract, the State Auditor, or any Auditor contracted by Henderson County
Public Schools, may be given access to persons and records of the Contractor that are generated as a result of, or
are related to, the Contract for purposes of verifying accounts and data affecting fees or performance, as provided
in G.S. 143-49(9). Contractor shall keep all records for 3 years after the end of the contract period. The following
entities may audit the records of this contract during and after the term of the contract to verify accounts and data
affecting fees or performance: 1. The State Auditor. 2. The internal auditors of the affected department, agency or
institution. 3. The Joint Legislative Commission on Governmental Operations and legislative employees whose
primary responsibility is to provide professional or administrative services to the Commission.
6. Discrimination: If applicable, Contractor and any subcontractors employed by Contractor shall abide by
the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit
discrimination against qualified individuals based on their status as protected veterans or individuals with
disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, or
national origin. Moreover, these regulations require that covered prime contractors and subcontractors
take affirmative action to employ and advance in employment individuals without regard to race, color,
religion, sex, national origin, protected veteran status or disability.
7. Family Education Rights and Privacy Act: Contractor acknowledges that Henderson County Public
Schools is subject to the Family Education Rights and Privacy Act (FERPA) (20 U.S.C. 1232G; 34
C.F.R. 99). To the extent Contractor generates or maintains education records that are subject to FERPA,
Contractor will comply with applicable FERPA requirements. Contractor will not access or make any
disclosures of student education records to third parties without prior notice to and consent from
Henderson County Public Schools or as otherwise provided by the law or the Contract. For purposes of
the Contract, Henderson County Public Schools designates Contractor as a school official with a legitimate
educational interest in the education records of participating students to the extent access to Henderson
County Public School's records is required by Contractor to carry out its services.
If, Henderson County Public Schools provides Contractor with personal identifiers as listed in N.C.G.S.
132-1.10 and in N.C.G.S. 14-113.20(b) or any other legally confidential information including
"personally identifiable information" from student education records as defined by the Family Educational
Rights and Privacy Act, 20 U.S.C. 1232g, and the implementing regulations in Title 34, Part 99 of the
Code of Federal Regulations ("FERPA"), Contractor hereby certifies that collection of this information is
necessary for the performance of Contractor's duties and responsibilities under the Contract. Contractor
further certifies that it will maintain the confidential and exempt status of any Social Security number
information, as required by N.C.G.S. 132-1.10(c)(1), and that it will not re-disclose personally
identifiable information pursuant to FERPA or by any other State or Federal laws.
8. FERPA Electronically Stored Data Compliance: Contractor is expressly prohibited from selling or trading
any education records or personally identifiable information acquired under the Contract. Furthermore,
Contractor agrees not to attempt to re-identify students from aggregated data. Further, Contractor will not
use any personally identifiable information or education records to advertise or market to students of
Henderson County Public Schools or their parents. Any personally identifiable information and education
records held by Contractor pursuant to the Contract will be made available to Henderson County Public
Schools upon request.
Contractor will store and process all data using appropriate administrative, physical, and technical
safeguards to secure personally identifiable information and education records from unauthorized access,
disclosure, and use. Contractor will conduct periodic risk assessments and remediate any identified
security vulnerabilities in a timely manner. Contractor will also have a written incident response plan, to
"It is the policy of the Henderson County Public School System not to discriminate on the basis of race, ethnic origin, sex or disability in its educational programs, activities, or employment policies."

include prompt notification to Henderson County Public Schools in the event of a security or privacy
incident, as well as procedures for responding to a breach of data. Contractor agrees to share its incident
response plan upon request. Contractor shall, for all personally identifiable data and education records in
its possession and in the possession of any subcontractors, or agents to which it has transferred data as
permitted herein, destroy or de-identify such data when such data is no longer needed
to perform the Contract.
If Contractor experiences a security breach concerning any information covered by the Contract, and such
breach is covered by N.C.G.S. 75.61(14), then Contractor will (a) fully comply with Contractor's
obligations under the N.C. Identity Theft Protection Act, (b) immediately notify Henderson County Public
Schools with the information listed in N.C.G.S. 75-65(d)(1-4), and (c) fully cooperate with the Board in
carrying out its obligations under said Identity Theft Protection Act. Contractor will indemnify Henderson
County Public Schools for any breach of confidentiality or failure of its responsibilities to protect
confidential information, and for cost of notification of affected persons as a result of its accidental or
negligent release of personally identifiable information or education records provided to Contractor
pursuant to the Contract.
9. North Carolina Public Records Law: Contractor acknowledges that Henderson County Public Schools is
subject to the requirements of North Carolina's Public Records Law ("NCPRL"), N.C.G.S. 132-1, et.
seq. The Contract and any related documents, papers, letters, maps, books, photographs, films, sound
recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary
material, regardless of physical form or characteristics, made or received by Henderson County Public
Schools in connection with the transaction of the Contract may be considered a "public record," subject
to disclosure under the NCPRL. Henderson County Public Schools is under no obligation to notify
Contractor prior to its compliance of its duties under NCPRL.
10. Liability Insurance: It is understood and agreed between the parties that each person performing services
under the Contractor shall be covered by Contractor for all actions, omissions, injuries or other liabilities
occurring during the performance of the services, to the same extent as if such events occurred on
Contractor's property.
During the term of the contract, the Contractor at its sole cost and expense shall provide commercial
insurance of such type and with such terms and limits as may be reasonably associated with the Contract.
As a minimum, the Contractor shall provide and maintain the following coverage and limits:
Worker's Compensation - The Contractor shall provide and maintain Worker's
Compensation Insurance, as required by the laws of North Carolina, as well as employer's liability
coverage with minimum limits of $150,000.00, covering all of Contractor's employees who are engaged
in any work under the contract. If any work is subcontracted, the contractor shall require the subcontractor
to provide the same coverage for any of its employees engaged in any work under the contract.
Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an
occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit. (Defense cost shall
be in excess of the limit of liability.
Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and
non-owned vehicles, used in connection with the contract. The minimum combined single limit shall be
$150,000.00 bodily injury and property damage; $150,000.00 uninsured/under insured motorist; and
$1,000.00 medical payment.
"It is the policy of the Henderson County Public School System not to discriminate on the basis of race, ethnic origin, sex or disability in its educational programs, activities, or employment policies."

Providing and maintaining adequate insurance coverage is a material obligation of the Contractor and is
of the essence of this contract. All such insurance shall meet all laws of the State of North Carolina. Such
insurance coverage shall be obtained from companies that are authorized to provide such coverage and
that are authorized by the Commissioner of Insurance to do business in North Carolina. The Contractor
shall at all times comply with the terms of such insurance policies, and all requirements of the insurer
under any such insurance policies, except as they may conflict with existing North Carolina laws or this
contract. The limits of coverage under each insurance policy maintained by the contractor shall not be
interpreted as limiting the Contractor's liability and obligations under the contract.
The Contractor shall furnish a Certificate of Insurance as proof of the above coverages to Henderson
County Public Schools prior to the effective date of Contract. Certificate will contain provision that the
insurance coverages cannot be canceled, reduced in amount or coverage eliminated without 30 days
written notice to Henderson County Public Schools. Owner's Protective insurance must list Henderson
County Public Schools as a "Named Insured" as its interest may appear. Henderson County Public
Schools reserves the right to require higher or lower insurance limits where warranted. Henderson County
Public Schools shall maintain its usual and customary insurance coverage and/or coverage agreement.
11. Ownership of Work Product: All works authored, produced, developed, or reduced to practice by
Contractor for the benefit of Henderson County Public Schools during its provision of the services in the
Contract shall be owned by Henderson County Public Schools and Henderson County Public Schools
shall have all common law, statutory, and other reserved rights therein.
12. Indemnification: CONTRACTOR, FOR ITSELF AND ITS EMPLOYEES, AGENTS,
VOLUNTEERS AND PARTICIPANTS, DOES HEREBY INDEMNIFY AND HOLD
HARMLESS, HENDERSON COUNTY PUBLIC SCHOOLS, ITS BOARD MEMBERS,
OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL CLAIMS, CAUSES OF
ACTION, DAMAGES, LOSSES, COSTS, ATTORNEYS' FEES AND LIABILITY ARISING OUT
OF OR RESULTING FROM CONTRACTOR'S PERFORMANCE HEREUNDER AND
HEREBY ASSUMES THE RISK OF INJURY OR LIABILITY AND AGREES NOT TO SUE
HENDERSON COUNTY PUBLIC SCHOOLS FOR ANY INJURY OR LIABILITY ARISING
OUT OF OR RESULTING FROM CONTRACTOR'S PERFORMANCE HEREUNDER.
13. Anti-Trust: The Contract has been entered into in compliance with state and federal antitrust laws.
Contractor certifies by entering into the Contract:
a) That the Contractor and/or any of its Principals is not presently debarred, per the State's
website (http://ncadmin.nc.gov/government-agencies/ procurement/contracts/debarred-
vendors) and Federal Excluded Parties List (www.sam.gov/portal/public/SAM); or
suspended, proposed for debarment, declared ineligible or voluntarily excluded from
entering into the Contract by any federal agency or by any department, agency or political
subdivision of the State.
b) "Principals," for the purposes of this certification, means officers; directors; owners;
partners; and persons having primary management or supervisory responsibilities within
a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or
business segment, and similar positions).
c) The Contractor shall provide immediate written notice to Henderson County Public
Schools if, at any time, Contractor learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
d) The certification in this section is a material representation of fact upon which reliance is
placed by Henderson County Public Schools in making the Contract. If it is later
"It is the policy of the Henderson County Public School System not to discriminate on the basis of race, ethnic origin, sex or disability in its educational programs, activities, or employment policies."

determined that Contractor knowingly rendered an erroneous certification, in addition to
other remedies available to Henderson County Public Schools, then Henderson County
Public Schools may terminate the Contract for default.
14. Travel Expenses: Unless otherwise stated in the Contract, the agreed upon price for the services provided
herein includes travel expenses, accommodation expenses and any and all other expenses, costs, and
remuneration (including, but not limited to, equipment, tools, and supplies) the Parties have agreed to
unless otherwise provided for in the Contract.
15. Affiliation: Contractor shall not represent itself as affiliated with or endorsed by Henderson County Public
Schools without the prior written consent. Contractor shall not use any of Henderson County Public
School's logos, images, trademarks, or copyrights without prior written consent. The Contract shall not
be used for advertising by Contractor without prior approval of Henderson County Public Schools.
16. Assignment: Unless agreed to in writing by Henderson County Public Schools, the Contract is not
assignable. Any attempt to assign the Contract to any third party shall be null and void and shall relieve
Henderson County Public Schools of any further liability under the Contract.
17. Compliance with Law & Board Policy: Contractor agrees to comply with all federal and State laws, rules,
regulations, administrative requirements, and Board of Education Policies and Procedures applicable to
its provision of the services. Contractor declares that it has complied with all federal, state, and local laws
and regulations regarding business permits, certificates, and licenses that may be required to carry out the
work to be performed under the Contract.
18. Attorney's Fees: In the event of a dispute between the Parties regarding the enforceability of the Contract,
each party shall be responsible for its own attorney's fees.
19. Choice of Law: The Parties agree that the Contract was entered into in the State of North Carolina and
that the laws of North Carolina shall govern the Contract, as to interpretation and performance. It is further
agreed that the place of the Contract, its situs and forum, will be in the county in North Carolina where
Henderson County Public School's Central Office is located.
20. Venue: The Parties agree that the proper venue for any claims brought hereunder is in the county in North
Carolina where Henderson County Public School's Central Office is located.
21. Force Majeure: Neither party shall be responsible to the other for any losses resulting from the failure to
perform any terms or provisions of the Contract if the party's failure to perform is attributable to war, riot
or other disorder, strike or other work stoppage; fire; flood; storm; illness; pandemic, communicable
disease, or any other act not within the control of the party whose performance is interfered with, and
which, by reasonable diligence, such party is unable to prevent. However, Henderson County Public
Schools will be entitled to a refund for fees paid on account of services not rendered by Contractor
including any and all deposits.
22. Non-Appropriation: Henderson County Public Schools agrees to duly request the appropriation of funds
from its funding sources for all payment amounts specified in the Contact through its annual funding
request at levels consistent with the prior fiscal year. Notwithstanding anything to the contrary herein, if
the funds that Henderson County Public Schools requests for a fiscal year are reduced or not appropriated,
Henderson County Public Schools will not be obligated to pay amounts due beyond the end of the last
fully funded fiscal year. If a non-appropriation event occurs, Henderson County Public Schools will notify
Contractor, the Contract will terminate at the end of the last fiscal year for which funds were fully
"It is the policy of the Henderson County Public School System not to discriminate on the basis of race, ethnic origin, sex or disability in its educational programs, activities, or employment policies."