Transportation Service - EC Student

Agency: State Government of North Carolina
State: North Carolina
Type of Government: State & Local
NAICS Category:
  • 484121 - General Freight Trucking, Long-Distance, Truckload
  • 485999 - All Other Transit and Ground Passenger Transportation
Posted Date: Aug 19, 2026
Due Date: Sep 1, 2026
Solicitation No: 193-RFP 2027-03
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Contact information: Please Login to View Page
Bid Documents: Please Login to View Page

Description

Solicitation Number: 193-RFP 2027-03
Project Title: Transportation Service - EC Student
Description: Henderson County Public Schools (HCPS) Board of Education is receiving sealed proposals for transportation services to drive a student from Hendersonville, NC to Charlotte, NC, approximately 220 days a year. The mileage is approximately 115 miles each way for a total of 230 miles per day. Arrival time in Charlotte, NC is 8:30 AM and departure time from Charlotte, NC is 2:30 PM most days
Opening Date: 9/1/2026 2:00 PM
Posted Date: 8/20/2026
Status: Open
Department: HENDERSON COUNTY PUBLIC SCHOOLS
Solicitation Number
*
193-RFP 2027-03
Department
HENDERSON COUNTY PUBLIC SCHOOLS
Status Reason
Open
Opening Date
2026-09-01T14:00:00.0000000
Posted Date
*
2026-08-19T15:36:10.0000000Z
Primary Commodity Code
Passenger road transportation
Mandatory Conference/Site Visit
Special Instructions
Solicitation Type
*
RFP
Owner
Joni Huchzermeier
Description
Henderson County Public Schools (HCPS) Board of Education is receiving sealed proposals for transportation services to drive a student from Hendersonville, NC to Charlotte, NC, approximately 220 days a year. The mileage is approximately 115 miles each way for a total of 230 miles per day. Arrival time in Charlotte, NC is 8:30 AM and departure time from Charlotte, NC is 2:30 PM most days

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DELIVERED BY US POSTAL SERVICE HAND DELIVERY
RFP #: 2027-03 Henderson County Public Schools 414 Fourth Avenue West Hendersonville, NC 28739 Attention: Joni Huchzermeier/Purchasing Dept. RFP #: 2027-03 Henderson County Public Schools 414 Fourth Avenue West Hendersonville, NC 28739 Attention: Joni Huchzermeier/Purchasing Dept.

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
REQUEST FOR PROPOSALS (RFP) RFP # 2027-03
TITLE / SERVICES: Transportation Services - EC Student
USING AGENCY: Henderson County Public Schools (HCPS)
ISSUE DATE: August 19,2026
NOTICE: THIS IS A FEDERAL FUNDED SOLICITATION
This Request for Proposal (RFP) is a solicitation for services requiring the expenditure of Federal
Financial Assistant funding. Contracts funded with federal grant or loan funds must be procured in a
manner that conforms with all applicable Federal laws, policies, and standards, including those under
the Uniform Guidance (2 C.F.R. Part 200). Contract Provisions are included in this RFP and may also be
found at: https://www.hendersoncountypublicschoolsnc.org/finance/files/2021/11/Henderson-County-
Public-Schools-Uniform-Guidance-UG-and-FEMA-Conract-Porvisions-2021-11-V2_ADA.pdf
BID DEADLINE: Sealed Proposals subject to the conditions made a part hereof will be received until 2:00 PM
(EST), Tuesday, September 1, 2026, at the Henderson County Public Schools Administration Building, 414
Fourth Avenue West, Hendersonville, NC 28739. Proposals that are not sealed will be not accepted.
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.
Bids submitted via telegraph, facsimile (FAX) machine, telephone, and electronic means, including but not limited
to e-mail, in response to this Request for Proposals will not be accepted.
Bids submitted after the above referenced deadline will not be accepted under any circumstance.
DELIVER ALL PROPOSALS DIRECTLY TO THE ISSUING AGENCY ADDRESS AS SHOWN BELOW:
DELIVERED BY US POSTAL SERVICE HAND DELIVERY
RFP #: 2027-03 RFP #: 2027-03
Henderson County Public Schools Henderson County Public Schools
414 Fourth Avenue West 414 Fourth Avenue West
Hendersonville, NC 28739 Hendersonville, NC 28739
Attention: Joni Huchzermeier/Purchasing Dept. Attention: Joni Huchzermeier/Purchasing Dept.
BID QUESTIONS:
Questions concerning the specifications in this Request for Proposals will be received no later than Noon
(EST) on Wednesday, August 26, 2026. If any modifications to the specifications are necessary, an addendum
will be posted to the Henderson County Public Schools website.
https://www.hendersoncountypublicschoolsnc.org/finance/purchasing/
Direct all questions concerning this RFP in writing to: jdhuchzermeier@hcpsnc.org
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THE PROCUREMENT PROCESS
The following is a general description of the process by which a firm will be selected to provide services.
1. Request for Proposals (RFP) is issued to prospective contractors.
2. A preproposal conference (if applicable) and/or deadline for written questions is five days prior to due date.
3. Proposals in one original will be received from each offeror in a sealed envelope or package. 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. At that date and time, 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 offerors for the
purpose of clarification or to amplify the materials presented in any part of the proposal. However, offerors
are cautioned that the evaluators are not required to request clarification; therefore, all proposals should be
complete and reflect the most favorable terms available from the offeror. Not all companies may be asked to
make such oral presentations.
7. Proposals will be evaluated according to completeness, content, cost, experience with similar projects, and
ability of the offeror and its staff. Award of a contract to one offeror does not mean that the other proposals
lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous to
Henderson County Public Schools.
8. Offerors are cautioned that this is a request for offers, not a request to contract, and Henderson County Public
Schools reserves the right to reject any and all offers for sound documented reasons, 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 an offeror'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.
Offeror 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: Henderson County Public Schools shall not be bound by oral explanations or
instructions given at any time during the competitive process or after award.
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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.
6. COST FOR PROPOSAL PREPARATION: Any costs incurred by offerors in preparing or submitting offers
are the offerors' sole responsibility; Henderson County Public Schools will not reimburse any offeror 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 offeror 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. Offerors 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 offerors shall become the property of Henderson County Public Schools when received.
11. OFFEROR'S REPRESENTATIVE: Each offeror 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: Offerors 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.
13. PROPRIETARY INFORMATION: Trade secrets or similar proprietary data which the offeror 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. PROTEST PROCEDURES: If an offeror 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 28739. This request must be received by the Purchasing Division within
ten (10) 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. All protests will be handled pursuant to the North
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Carolina Administrative Code, Title 1, Department of Administration, Chapter 5, Purchase and Contract,
Section 5B.1519.
15. TABULATIONS: Offeror's may call the Purchasing Division to obtain a verbal status of contract award.
16. VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: Vendor Link NC allows
vendors to electronically register free with the State to receive electronic notification of current procurement
opportunities for goods and services available on the Interactive Purchasing System. Online registration and
other purchasing information are available on our Internet web site: http://www.doa.state.nc.us/pandc/.
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 offerors. The "Principal Place of
Business" is defined as the principal place from which the trade or business of the offeror is directed or
managed.
HCPS RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS FOR SOUND DOCUMENTED REASONS
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Purpose
Henderson County Public Schools (HCPS) Board of Education is receiving sealed proposals for transportation
services to drive a student from Hendersonville, NC to Charlotte, NC, approximately 220 days a year. The
mileage is approximately 115 miles each way for a total of 230 miles per day. Arrival time in Charlotte, NC is
8:30 AM and departure time from Charlotte, NC is 2:30 PM most days.
Scope of Services
Henderson County Public Schools currently has 1 student that requires transportation services.
Requirements and Specifications
1. Fleet Specifications & Technology
* Vehicle Profiles (if available): Identify the make, model, and year of vehicles to be used.
* Safety Features: Detail standard and specialized safety equipment (e.g., impact ratings, side-curtain
airbags, first aid kits, fire extinguishers).
* Surveillance Systems: Specify if vehicles are equipped with internal/external cameras.
Clarification: Note any additional costs for video monitoring and your data retention/privacy
o
policy.
* Real-Time Tracking (if available): Provide details on GPS/Telematics software used for route
monitoring and arrival notifications.
2. Operational Procedures & Emergency Response (Provide detailed response for these situations)
* Mechanical Failure Protocol: Provide a step-by-step breakdown of the "on the road" failure policy.
Key detail: What is the maximum guaranteed time for a backup vehicle to arrive to minimize
o
student distress?
* Behavioral Crisis Management: Outline the specific "in-transit" intervention policy for students
experiencing a crisis and how do you handle a student who may have distracting behaviors (ex. moves
a lot in the seat or makes loud noises)?
* Escalation & Safety Enhancements: Describe what additional measures can be taken if a specific
student's safety remains a concern (e.g., 1-on-1 monitors, specialized harnesses).
Clarification: Explicitly list any associated surcharges for these interventions.
o
3. Personnel & Driver Standards (Provide detailed response)
* Selection & Vetting: Describe the recruitment process, including background check depth, driving
record frequency checks, and drug testing.
* Specialized Training: Detail certifications for handling students with special needs. Example:
Basic medical emergency response/CPR.
o
De-escalation or training on how to redirect a student.
o
4. Financials & Risk Management
* Rate Structure: Provide a definitive "Per Mile Rate."
Clarification: Confirm if billing is "Deadhead" (total miles) or "Loaded" (only when a student is
o
present). List all inclusions (fuel, insurance, tolls).
* Insurance Verification: Provide a summary of coverage, including Commercial General Liability, Auto
Liability, and Professional/Sexual Abuse & Molestation (SAM) coverage.
5. Corporate Accountability
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* Safety Record & Contract History: Disclose any instances where a contract was terminated-by either
party-due to safety concerns.
Requirement: If applicable, provide a detailed "Corrective Action Plan" used during that period.
o
Bid Package Requirements
Agency must provide the following information as part of your proposal:
* Proposals must specify how Agency will provide all aspects of the required services as listed in this
RFP.
* Brief description of organization's background and history, including number of years in business
providing the services request in this RFP.
* References where your organization has provided similar services.
* Please include any supplementary information that supports your proposal.
Billing and Invoicing
Agency shall provide HCPS with monthly invoices for each driver assigned to work for the district. Itemized log
must be attached to invoice reflecting name of driver, date worked, and time of arrival and departure. HCPS will
make payment to Agency within 30 days of receipt of invoice. Agency shall be responsible for paying its
employees.
Contract Term / Option to Renew
This agreement shall be for an initial term of one year, upon Board approved executed contract beginning as
soon as possible in 2026 and ending______ 2027. By mutual consent, the terms of this contract may be
renewed for a maximum of two (2) additional (1) one-year terms. Prices quoted herein will remain in effect during
the initial term of the contract. Any price increases after the initial term shall be discussed and agreed upon
prior to exercising the renewal terms.
Henderson County Public Schools will make the decision at the end of the first initial term whether they will
exercise the renewal option. Should Henderson County Public Schools decide not to renew the contract; the
vendor will be notified.
Award Criteria
It is Henderson County Public School's intent to award a contract to one sole provider for the services as outlined
in this document. The award will not be based solely on price. Henderson County Public Schools will award to
the responsible Agency with the most advantageous proposal who meets the requirements listed in this Request
for Proposal as determined by consideration of:
* Approach to implementing the total program and required services
* Prices offered
* Ability to meet the required specifications and requirements listed in this Request for Proposals
* Qualifications / experience
* References
Terms and Conditions
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Vendors are encouraged to thoroughly read the attached 'HCPS Standard Terms and Conditions' and the
'Uniform Guidance Contract Provisions (2 C.F.R. Part 200)' which are attached. This information is part of
the bid solicitation and Vendor is bound legally to the requirements listed. HCPS will not award a contract to any
Vendor who does not agree to abide by the terms listed below. In the event of a conflict in terms, the terms of
these sections will control.
By submission of a bid, Bidder certifies and agrees to abide by the attached:
1) All specifications and requirements listed in the RFP
2) Henderson County Public School's Standard Terms and Conditions
3) Uniform Guidance Contract Provisions (2 C.F.R. Part 200)
EXECUTION
In compliance with this Request of Proposal, and subject to all of the conditions herein, the undersigned offers
and agrees to provide the services as requested in this RFP. By executing this offer, I certify that this proposal
is submitted competitively and without collusion, 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.
The bidder further declares that he has examined Henderson County Public Schools Standard Terms and
Conditions for this EC Student Transportation request for Proposal, dated August 19, 2026, has read, and agrees
to comply with, all special provisions furnished prior to the opening of proposals.
Failure to execute/sign quote prior to submittal shall render the proposal invalid. Late proposals will not be
accepted.
OFFEROR INFORMATION
OFFEROR: __________________________________________________________
ADDRESS: __________________________________________________________
CITY, STATE, ZIP: ____________________________________________________
TELEPHONE NUMBER: _______________________________________________
BY: __________________________ _________________________ _________________
(Printed Name) (Title) (Date)
__________________________________
(Authorized Signature)
*******************************************************************************
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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.

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 Schools 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
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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.
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.
Henderson County Public School's
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.

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
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.
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
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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.

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
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.
Contractor hereby agrees to abide by all Henderson County Public Schools Board policies and procedures
governing the confidentiality of student records and the responsible use of technology and internet safety
that have been provided to Contractor and specifically identified as follows:
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:
10

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