2-25-088 TC.pdf

Wake County RFP Submittal Instructions and General Terms and Conditions RFP #25-088

General Proposal Requirements

When responding to this RFP, please follow all instructions carefully. Please submit proposal contents according to the outline specified and submit documents according to the instructions. Failure to follow these instructions will be considered a non-responsive proposal and may result in immediate elimination from further consideration.

By submitting a proposal, Proposers acknowledge that:

The City/County reserves the right to reject any or all proposals if it determines that select proposals are not responsive to the RFP. The City/County reserves the right to reconsider any proposal submitted at any phase of the procurement. It also reserves the right to meet with select Proposers at any time to gather additional information.

Proposals will be received by Wake County Government at the time noted. At that point, Wake County will close the receipt of proposals and begin the evaluation process. The only information that will be released will be the names of the respondent(s). No other information will be disclosed, except as required by the evaluation process, until a contract is awarded.

Wake County, solely at its option, may disclose the name(s) of any firms or companies being considered or elevated during the process. Proposers are not to contact any county staff or elected official in reference to the process due to the nature of a competitive environment and to protect the integrity of the RFP process. As information becomes available and is relevant for release, that information will be shared with respondents.

Proposal Contact This RFP and any subsequent action taken as a result thereof is issued by the Wake County Procurement Services in accordance with North Carolina General Statutes on behalf of the County. In regards to this RFP and subsequent procurement process, vendors shall make NO CONTACTS, either written or verbal, with any Wake County or City of Raleigh employee, staff member, or Board of Commissioner members during the period beginning with the issuance of this document through staff’s recommendations of award to the WC Board of Commissioners and Raleigh City Council. Any attempt by a Proposer to contact or influence a member or members of the aforementioned will result in a written warning or disqualification of the Proposer from award for items or services on this RFP.

Proposer Submittal Requirements Proposers are required to prepare their proposals in accordance with the instructions outlined in Detailed Submittal Requirements. Each Proposer is required to submit its proposal in the WC Bonfire System.

The County must receive proposals no later than 2:00 PM on November 6, 2025. The Proposer’s name, RFP number, and proposal closing time and date must be marked clearly on the proposal submission. It is solely the Proposer’s responsibility to: (1) Ascertain that they have all required and necessary information, documents and addenda, prior to submitting a response; (2) Ensure that the response is received at the correct location and time.

Late responses, regardless of delivery means, will not be accepted. Fax or email responses will not be accepted.

Proposer Expenses The City/County will not be responsible for any expenses incurred by any Proposer in the development of a response to this Request for Proposal or any other activities associated with this procurement including but not limited to any onsite (or otherwise) interviews and/or presentations, and/or supplemental information provided, submitted, or given to Wake County and/or its representatives. Further, the City/County shall reserve the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement/purchase order by the recommended Proposer even if the City Council/Board of Commissioners has formally accepted a recommendation.

Interpretations, Discrepancies, and Omissions Should any Proposer find discrepancies, omissions or ambiguities in this RFP, the Proposer must at once request in writing an interpretation from proposal contact. The deadline for submitting questions is listed in the solicitation information. All questions will be answered to the extent possible in the form of addenda to the specifications and vendors will be notified when the addenda is available. All written requests for clarification should be submitted in the WC Bonfire Portal.

Failure to request an interpretation will be considered evidence that the Proposer understands the provision of the

RFP.

The issuance of a written addendum is the only official method by which interpretation, clarification or additional information will be given by the City/County. Only questions answered by formal written addenda will be binding.

Oral and other interpretations or clarification will be without legal effect.

Pre-Proposal Questions The City/County will also make a good faith effort to provide other data or attachments, if the request will further clarify the project’s scope. All requests for further information shall be received by the County by the deadline listed in the solicitation information. A copy of all the answers and further clarifications provided by the County to those making inquiries will be posted as an addendum to the RFP.

Finalists and Interviews If necessary, from the proposals received, the evaluation team will review qualified project proposals and develop questions for the proposers. The evaluation team may receive presentations from each Proposal to be scheduled for December 2025. Qualified project proposals will be contacted to schedule your presentation day and time.

Award City/County reserves the right to recommend funding to the respected Boards without discussion and without conducting further negotiations. Under such circumstances, the acceptance of a proposal by the County shall be deemed to be an acceptance of an offer, and such acceptance will be binding upon both parties. The City/County may also, at its sole discretion, have discussions with those Proposers that it deems to fall within a competitive range. The City or County may enter into negotiations separately with such Proposers. Negotiations with a Proposer may continue with a Proposer that the City or County has tentatively selected to award a contract to. The City/County shall not be deemed to have finally selected a Proposer until the City Council/Board of Commissioners approves the awarding of funding. The County may also choose not to recommend funding for any Hospitality Tax projects nor proceed with awarding funds through the FY 2026 Hospitality Tax funding process.

Non-disclosure of County Information The Proposer and its agents shall treat all data and information gathered by the Proposer and its agents, including this RFP and all reports, recommendations, specifications, and data as confidential. The Proposer and its agents shall not disclose or communicate the aforesaid matters to a third party or use them in advertising, propaganda, and/or in another job or jobs, unless written consent is obtained from the County.

Retention of Proposer Material Any and all information submitted in conjunction with this RFP and the evaluation process will not be returned to the respondent.

Certification The Proposer hereby certifies that it has carefully examined this Request for Proposal and the Proposer certifies that it understands the scope of the work to be done and that the Proposer has knowledge and expertise to provide the scope of the work. By submittal of a response to the RFP, the Proposer certifies that its proposal is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a proposal for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud, so that all proposals for the purchase will result from free, open and competitive proposing among all vendors.

Further, the Proposer certifies that it understands that collusive bidding/proposing is a violation of Federal law and can result in fines, prison sentences, and civil damage awards.

Conflict of Interest By submission of a response, the Proposer agrees that at the time of submittal, it: (1) has no interest (including financial benefit, commission, finder’s fee, or any other remuneration) and shall not acquire any interest, either direct or indirect, that would conflict in any manner or degree with the performance of Proposer’s services, or (2) will not benefit from an award resulting in a “Conflict of Interest.” A “Conflict of Interest” shall include holding or retaining membership, or employment, on a board, elected office, department, division or bureau, or committee sanctioned by and/or governed by the City of Raleigh or Wake County. Proposers shall identify any interests, and the individuals involved, on separate paper with the response and shall understand that the City/County, in consultation with legal counsel, may reject their proposal.

Assignment No assignment of the Proposer’s obligations or the Proposer's right to receive payment hereunder shall be permitted without prior consent of the City/County. The Proposer may not sell, assign, transfer or convey the contract resulting from this RFP, in whole or in part, without the prior written approval from the City/County.

Indemnification The Proposer will indemnify and hold the City/County harmless from any and all liability, expense, judgment, suit, or cause of action for personal injury, death, or direct damage to tangible property which may accrue against the City/County to the extent it is caused by the negligence of Proposer, its sub-consultants, or their employees or agents, while performing duties under this Agreement, provided that the City/County gives the Proposer prompt, written notice of any such claim or suit. The City/County shall cooperate with the Proposer in its defense or settlement of such claim or suit. This section sets forth the full extent of the Proposer’s general indemnification of the City/County from liabilities that are in any way related to Proposer’s performance under this Agreement.

Independent Contractor It is understood that in the performance of any services provided, the Proposer shall be, and is, an independent contractor, and is not an agent or employee of the City/County and shall furnish such services in its own manner and method, except as required by this contract. Further, the Proposer has and shall retain the right to exercise full control over the employment, direction, compensation, and discharge of all people employed by the Proposer in the performance of the services hereunder. The Proposer shall be solely responsible for, and shall indemnify, defend, and save the City/County harmless, from all matters relating to the payment of its employees, including compliance with Social Security, withholding, and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.

Payment Payment for the services rendered pursuant to the Agreement resulting from this RFP shall be made in amounts and at times set forth in the Agreement and shall be made upon receipt of original invoice(s) in accordance and in conformity with payment dates for bills and claims as established by the City or County. Prior to payment, the Proposer must submit an original dated itemized invoice of services rendered. (Photographs or facsimiles of invoices will not be accepted.) Any reimbursement for expenses as allowed in the Agreement that are included in the invoice(s) must be supported with attached original billings for such expenses.

Insurance Proposers shall obtain, at their sole expense, all insurance required in the following paragraphs and shall not commence work until such insurance is in effect and certification thereof has been received by City or County.

Workers' Compensation Insurance, with limits for Coverage A: Statutory for State of North Carolina, and Coverage B - Employers Liability: $500,000 each accident/disease each employee/disease policy limit.

Commercial General Liability, with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate.

Commercial Automobile Liability, with limits not less than $1,000,000 per accident for bodily injury and property damage applicable to any vehicle used during performance of services, including coverage for owned, hired, and non-owned vehicles. Evidence of commercial automobile coverage is only required if vehicles are used in the provision of services under this Agreement.

Abuse/Molestation, including sexual as well as other abuse, with limits not less than $1,000,000 per claim (only required for vendors working with minors)

Professional Liability (Errors and Omissions), with limits not less than $1,000,000 per claim and $2,000,000 aggregate; only applicable if professional services are being provided.

Cyber Liability Insurance, (if applicable) with limits not less than $3,000,000 per claim. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Provider in this Agreement regarding sensitive information in any form in Provider’s care, custody, or control, or for which Provider is legally responsible, and shall include but not be limited to third party liability coverage for loss resulting from denial of service, unauthorized access, security failure, system failure, extortion, or any failure to prevent disclosure of sensitive information, including but not limited to personal identifying information or protected health information. Breach/crisis response cost coverage must include actions required by federal and/or state statutes, and include but not be limited to notification, call center costs, regulatory fines and penalties, investigation, and identity theft and credit monitoring services, with limits sufficient to respond to these obligations.

All insurance companies must be authorized to do business in North Carolina and have an AM Best rating of “A-/VII” or better; or have reasonable equivalent financial strength to the satisfaction of Wake County's Finance Department. If any required insurance policy expires during the term of this Agreement, Proposer must provide a certificate of insurance to the Wake County Finance Department as evidence of policy renewal prior to such policy expiration. Proposer shall be responsible for providing the Wake County Finance Department with 30-day notice of insurance policy cancellation or non-renewal during the term of this Agreement and for three years subsequent for any claims made coverage.

Response to this RFP indicates the ability to procure the coverage specified above. If Provider does not meet the insurance requirements specified above, alternate insurance coverage satisfactory to Wake County may be considered. Any request for consideration of alternate coverage must be presented within the Proposer’s response to this RFP.

Governing Law This RFP and any contract resulting therefrom shall be governed by and construed according to the laws of the State of North Carolina. Should any portion of any contract be in conflict with the laws of the State of North Carolina, the State laws shall invalidate only that portion. The remaining portion of the contract(s) shall remain in effect.

Confidential Information/Public Records Law

INFORMATION SUBMITTED IN RESPONSE TO REQUESTS FOR BIDS, PROPOSALS, AND OTHER

PROCUREMENT METHODS SUBJECT TO PUBLIC RECORDS LAW

City of Raleigh and Wake County are subject to North Carolina’s Public Records Act located in Chapter 132 of the North Carolina General Statutes. As a result, information submitted to and received by Wake County in response to a Request for Proposal/Request For Bid/Request For Quote/Request for Qualifications, or any other procurement method (collectively “Procurement Process”), is considered public record and may be released for public inspection after the contract award, or as otherwise permitted under NCGS § 143, without further notice to the proposer. The County does not intend to elicit confidential or trade secret information in response to a Procurement Process and assumes no responsibility for the submission of such information. Wake County reserves the right to share any information submitted in response to a Procurement Process with any person(s) or firm(s) involved in the review and evaluation phase of the Procurement Process.

CONFIDENTIAL OR TRADE SECRET INFORMATION

If a proposer nonetheless submits information in a bid proposal or other response to a Procurement Process and it considers such information to be confidential, then all four requirements of NCGS 132-1.2 “Confidential Information” must be met for the County to consider withholding the information from public inspection in response to a public records request. Among other legal requirements, information deemed to be “confidential” or “trade secret” by proposer must be clearly marked as such on the face of the document(s) at the time of the initial disclosure/submittal of RFP. In addition, although not required by law, Wake County requests that any proposer who submits a proposal or response containing any such designation of confidentiality also submit a second copy of the proposal or response with the respective page(s) or section(s) redacted. The County will not agree to withhold an entire proposal or response from public inspection, thus proposers should refrain from including blanket restrictions on disclosure or all-encompassing claims of confidentiality.

When a public records request is made for information contained in or attached to a proposal or response that has been clearly marked as “trade secret” or “confidential” upon its submission, Wake County may, in its discretion and without further notice, release the redacted copy of the proposal or response to the requester if one has been previously submitted. Otherwise, the proposer will be notified of the request and given an opportunity to provide within a reasonable period a written explanation of the basis for claiming protection under N.C.G.S. 66-152 and N.C.G.S. 132-1 and/or a redacted proposal or response. The County shall make the final determination on release of the information. Should any civil action be brought against the County in an effort to compel or prevent the disclosure of information contained in a proposal or response that is deemed confidential by a proposer, the proposer may participate at its own expense; and by deeming any information in a proposal or response confidential, proposer further agrees to indemnify and hold harmless the County for and against any costs incurred by the County as a result of such litigation, including but not limited to fees or expenses arising out of N.C.G.S. 66-153 and N.C.G.S. 132-9.

Compliance with Laws and Regulations Proposer must comply with all applicable State and Federal Laws. In the event any Governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful Proposer to notify City of Raleigh or Wake County at once, indicating in their letter the specific regulation which required such alterations. The City/County reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

Acceptance Submission of any proposal indicates a Proposer’s acceptance of the conditions contained in this RFP unless clearly and specifically noted otherwise in the proposal. Furthermore, the City/County is not bound to accept a proposal on the basis of lowest price, and further, the City/County has the sole discretion and reserves the right to cancel this RFP, and to reject any and all proposals, to waive any and all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the City/County's best interests to do so. The City/County reserves the right to accept or reject any or all of the items in the proposal, and to award the contract in whole or in part and/or negotiate any or all items with individual Proposers if it is deemed in the City/County’s best interest. Moreover, the City/County reserves the right to make no selection if proposals are deemed to be outside the fiscal constraint or not in the best interest of the City/County.

Additional Services The City/County reserves the right to negotiate additional services with the Vendor at any time after initial contract award.

E-Verify To ensure compliance with the E-Verify requirements of the General Statutes of North Carolina, all contractors, including any subcontractors employed by the contractor(s), by submitting a bid, proposal or any other response, or by providing any material, equipment, supplies, services, etc, attest and affirm that they are aware and in full compliance with Article 2 of Chapter 64, (NCGS64-26(a)) relating to the E-Verify requirements.

Iran Divestment Act By signing this agreement; accepting this contract/purchase order; or submitting any bid, proposal, etc., vendors and contractors certify that as of the date of execution, receipt, or submission they are not listed on the Final Divestment List created by the NC Office of State Treasurer pursuant to NCGS 147 Article 6E, Iran Divestment Act, Iran Divestment Act Certification. Vendors and contractors shall not utilize any subcontractor that is identified on the Final Divestment List. In addition, any organization defined under NCGS 147-86.80(2), Divestment from Companies Boycotting Israel, shall not engage in business totaling more than $1,000 with any company/business, etc. that boycotts Israel. A list of companies that boycott Israel is maintained by the NC Office of State Treasurer, pursuant to NCGS 147-86.81(a)(1). Any company listed as boycotting Israel is not eligible to do business with any State agency or political subdivision of the State.

Federal Uniform Guidance

If the source of funds for this contract is federal funds, the following federal provisions apply pursuant to 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II (as applicable):

Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C. 3141-3148); Copeland “Anti- Kickback” Act (40 U.S.C. 3145); Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708);

Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387);

Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying Amendment (31 U.S.C. 1352); Procurement of Recovered Materials (2 C.F.R. § 200.322); and Record Retention Requirements (2 CFR § 200.324)

Anti-Discrimination In consideration of signing this Agreement, the Parties hereby agree not to discriminate in any manner on the basis of race, natural hair or hairstyles, ethnicity, creed, color, sex, pregnancy, marital or familial status, sexual orientation, gender identity or expression, national origin or ancestry, National Guard or veteran status, religious belief or non-belief, age, or disability with reference to the subject matter of this Contract.

The Parties agree to comply with the provisions and intent of Wake County Code of Ordinances Title III, Section 34. This anti-discrimination provision shall be binding on the successors and assigns of the Parties with reference to the subject matter of an Agreement.