RFP #24-23-HR Employee Assistance Program.pdf

Human Resources

Request for Proposal #24-23-HR

Employee Assistance Program

Date of Issue: April 23, 2024

Questions Due Date: May 3, 2024 (Friday), by 5:00 PM (EST)

Proposal Due Date: May 14, 2024 (Tuesday), by 5:00 PM (EST)

Direct all inquiries concerning this RFP to:

Trina Whitfield

Human Resources Division Manager

Email: twhitfield@cumberlandcountync.gov

Phone: 910-678-7656

Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto.

Table of Contents

1.0 PURPOSE AND BACKGROUND

2.0 PROPOSAL INSTRUCTIONS & REQUIREMENTS

2.1 REQUEST FOR PROPOSAL DOCUMENT

2.2 PROPOSAL SUBMITTAL

2.3 PROPOSAL QUESTIONS

2.4 RFP TERMS & CONDITIONS

3.0 NOTICES TO VENDOR

3.1 PROHIBITED COMMUNICATIONS AND CONFIDENTIALITY

3.2 PROPOSAL COMPLIANCE

3.3 PROPOSAL EVALUATION PROCESS

3.4 EVALUATION CRITERIA

3.5 METHOD OF AWARD

4.0 SCOPE OF WORK & VENDOR’S PROPOSAL CONTENT REQUIREMENTS

4.1 SCOPE OF WORK

A. OBJECTIVES

B. TASKS

4.2 VENDOR’S PROPOSAL REQUIREMENTS

A. QUALIFICATIONS AND RELATIVE EXPERIENCE OF FIRM

B. QUALITY AND BREADTH OF SERVICES OFFERED

C. INNOVATIVENESS AND ENGAGEMENT STRATEGIES

D. REFERENCE LIST OF GOVERNMENTAL CLIENTS/CLIENT SATISFACTION

E. PRICE VALUE

5.0 CONTRACT TERMS AND CONDITIONS

5.1 IRAN DIVESTMENT ACT

5.2 E-VERIFY

5.3 DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL

5.4 CONTRACT CHANGES

5.5 CONTRACT TERM

5.6 PRICING

5.7 INVOICES

5.8 PAYMENT TERMS

5.9 APPROPRIATION OF FUNDS

Proposal Number: RFP #24-23-HR Employee Assistance Program

5.10 FINANCIAL STABILITY

5.11 INSURANCE:

5.12 GENERAL INDEMNITY

5.13 ENTIRE CONTRACT

5.14 CONTRACT CANCELLATION

5.15 LAWS AND ORDINANCES

5.16 COMPLIANCE WITH LAWS

5.17 CONTRACTOR REPRESENTATIONS

ATTACHMENT A: INSTRUCTIONS TO VENDORS

ATTACHMENT B: EXECUTION OF PROPOSAL

ATTACHMENT C: CERTIFICATION OF FINANCIAL CONDITION

1.0 PURPOSE AND BACKGROUND

The purpose of this Request for Proposal (RFP) is to solicit competitive proposals from qualified vendors to provide Employee Assistance Program (EAP) services to our organization. The selected vendor will offer comprehensive support services aimed at promoting the well-being and productivity of our employees, addressing a wide range of personal and professional challenges they may face. This RFP aims to identify a vendor who can deliver high quality, cost-effective EAP services tailored to the needs of our diverse workforce.

2.0 PROPOSAL INSTRUCTIONS & REQUIREMENTS

2.1 REQUEST FOR PROPOSAL DOCUMENT

The RFP is comprised of the base RFP document, any attachments, and any addenda released before contract award. All attachments and addenda released for this RFP in advance of any contract award are incorporated herein by reference.

By submitting a proposal, the vendor agrees to meet all stated requirements in this section as well as any other specifications, requirements and terms and conditions stated in this RFP. If a vendor is unclear about a requirement or specification or believes a change to a requirement would allow for the County to receive a better proposal, the vendor is urged and cautioned to submit these items in the form of a question during the question and answer period in accordance with Section 2.3.

Vendors shall populate all attachments of this RFP that require the vendor to provide information and include an authorized signature where requested. Failure to include required documents and/or signatures, where requested, will result in rejection of submitted proposals.

2.2 PROPOSAL SUBMITTAL

Proposals, subject to the conditions made a part hereof and the receipt requirements described below, shall be received at the address indicated in the table below.

Mailing address for delivery of proposal via US Postal Service

Office address of delivery by any other method (special delivery, overnight, or any other carrier)

PROPOSAL TITLE:

RFP #24-23-HR EMPLOYEE ASSISTANCE PROGRAM

Cumberland County Human Resources

Attn: Trina Whitfield 117 Dick Street

Fayetteville, NC 28301

PROPOSAL TITLE:

RFP #24-23-HR EMPLOYEE ASSISTANCE PROGRAM

Cumberland County Human Resources

Attn: Trina Whitfield 117 Dick Street

Fayetteville, NC 28301

Email address for delivery of proposal electronically

SUBJECT LINE: RFP #24-23-HR EMPLOYEE ASSISTANCE PROGRAM

twhitfield@cumberlandcountync.gov

IMPORTANT NOTE: All proposals shall be physically delivered to the office address listed above or if submitting electronically received by the email address listed above on or before the proposal deadline of Tuesday, May 14, 2024 at 5:00 PM, regardless of the method of delivery. All risk of late arrival due to unanticipated delay—whether delivered by email, hand, U.S. Postal Service, courier or other delivery service is entirely on the vendor. It is the sole responsibility of the vendor to have the proposal to the County department specified by the specified time and date of opening. Any proposal received after the proposal submission deadline will be rejected.

If submitting by mail:

a) Submit one (1) signed, original executed proposal response and one (1) electronic copy.

b) Clearly mark each package with: (1) Vendor name; (2) the RFP number; and (3) the due date. Address the package(s) for delivery as shown in the table above. Proposals will be subject to rejection unless submitted with the information above included on the outside of the proposal package.

c) The electronic copy of your proposal must be submitted via flash drive or email. The files shall NOT be password protected, shall be in .PDF or .XLS format, and shall be capable of being copied to other media including readable in Microsoft Word and/or Microsoft Excel.

If submitting by e-mail:

a) Submit one (1) signed, original executed proposal response.

b) Clearly mark the e-mail with the subject line shown in the table above.

All proposal addendums and/or corrections will be posted on the Cumberland County Vendor Self Service site https://ccmunis.co.cumberland.nc.us/vss/Vendors/VBids/Default.aspx . Vendors who submit a notice of intent to bid to twhitfield@cumberlandcountync.gov will receive addendums by email.

2.3 PROPOSAL QUESTIONS

Written questions shall be emailed to twhitfield@cumberlandcountync.gov by 5:00 PM (EST) Friday, May 3, 2024.

Vendors should enter “RFP #24-23-HR Employee Assistance Program: Questions” as the subject for the email.

Questions will not be answered by phone. Question submittals should include a reference to the applicable RFP section.

Questions received prior to the submission deadline date, the County’s response, and any additional terms deemed necessary by the County will be posted in the form of an addendum to the Cumberland County Vendor Self Service Site, https://ccmunis.co.cumberland.nc.us/vss/Vendors/default.aspx and shall become an Addendum to this RFP.

Vendors who submit an intent to bid will receive addendums by email. Vendors shall rely only on written material contained in an Addendum to this RFP. Vendors should not contact any other County employees, besides those listed above, during the bid process. Vendors who contact any other County employees may be disqualified.

Any questions considered minute in nature or that point to an error in the RFP or that the County determines will produce information required in order for all vendors to submit a responsible proposal, may be answered at the County’s discretion after the specified date and time. Such questions that are received after the deadline are not guaranteed to be answered and if the questions qualify as “minute in nature” shall be determined at the sole discretion of the County.

2.4 RFP TERMS & CONDITIONS

It shall be the vendor’s responsibility to read the instructions, the County’s terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFP, and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP.

Questions, issues, or exceptions regarding any term, condition, or other component within this RFP, must be submitted as questions in accordance with the instructions in Section 2.3 PROPOSAL QUESTIONS. Vendor’s proposal shall constitute a firm offer.

If a vendor desires modification of the terms and conditions of this solicitation, it is urged and cautioned to inquire during the question period, in accordance with the instructions in this RFP, about whether specific language proposed as a modification is acceptable to or will be considered by the County. It is the County’s sole discretion to accept or reject requested modifications and/or exceptions.

3.0 NOTICES TO VENDOR

3.1 PROHIBITED COMMUNICATIONS AND CONFIDENTIALITY

PROHIBITED COMMUNICATION: Each vendor submitting a proposal, including its representatives, subcontractors, and suppliers, is prohibited from having any communication with any employees or members of the board of commissioners of the County except those employees of the County’s Department as designated in this RFP.

A vendor who does not comply with this provision may be disqualified from award of a contract.

!IMPORTANT INFORMATION! CONFIDENTIAL INFORMATION: The proposal must not contain any information marked as “confidential” or as a “trade secret” or in any other manner as to indicate that it is information protected by the Trade Secrets Protection Act ( the “Act”) as set out in Article 24 of Chapter 66 of the North Carolina General Statutes, unless the vendor has noticed the County Department of its intent to designate any information in the proposal as such and received permission from the County Department to do so in writing. Vendor’s notice to the County Department must be in writing and must describe the information for which confidentiality is requested and explain how the information is a “trade secret” as defined in G.S. § 66-152(3). If the County Department determines the information for which confidentiality is requested is a “trade secret” covered by the Act, it will notify the vendor how to mark the information in the proposal and will identify the measures that County will take to protect the confidentiality of the information. Vendor’s submission of a proposal after receipt of this notice from the County Department shall be deemed to be acceptance of the County Department’s statement of how it will maintain confidentiality. If the County Department determines the information for which confidentiality is requested is not a “trade secret” covered by the Act, it will notify vendor of that determination. Any proposal marked with any information as “confidential” or as a “trade secret” or in any other manner as to indicate that it is information protected by the Act in violation of this section shall be regarded as not responsive to the request for proposals and shall not be considered.

3.2 PROPOSAL COMPLIANCE

It is in the best interest of vendors to submit proposals that are clear, concise, and easily understood. Proposals should provide information essential for a straightforward and concise description of vendor capabilities to satisfy the requirements of the RFP specifications.

Vendor may include any optional data not provided for elsewhere and considered to be pertinent to this bid as an addendum.

Vendors are urged and cautioned to read the RFP completely through as noncompliance with requirements may result in bid rejection. Section 4.0 requirements and request for information must be in the same order with the same titles as listed in Section 4.0. Vendor proposals should be easy to follow and all sections should be easily identified.

The specifications included in this package describe the services that the County feels are necessary to meet the performance requirements of this RFP, and shall be considered the minimum standards expected of the Proposer.

However, the specifications are not intended to exclude potential bidders.

If the vendor is unable to meet any of the specifications as outlined therein, vendors are advised to submit questions and concerns regarding the specifications during the question and answer period described in Section 2.3.

If the vendor does not indicate or submit questions or concerns regarding the specifications, the County shall assume it is able to fully comply with these specifications. The County shall be the sole and final judge of compliance with all specifications.

The County further reserves the right to determine the acceptability or unacceptability of any and all alternatives or deviations.

3.3 PROPOSAL EVALUATION PROCESS

The County shall review all responses to this RFP to confirm that they meet the specifications and requirements of the RFP. The County shall not be required to hold interviews; however, depending on the number of responses and the information contained in the responses, the County may decide to conduct interviews with firms of its choice. The County reserves the right to request clarification of information submitted.

The County reserves the right to reject any and all proposals.

3.4 EVALUATION CRITERIA

All proposals will be evaluated, and award made based on considering the following criteria to result in an award most advantageous to the County:

1. Qualifications and Experience of Firm 20 points

2. Quality and Breadth of Services Offered 20 points

3. Innovativeness and Engagement Strategies 20 points

4. Reference List of Governmental Clients/Client Satisfaction 20 points

5. Price Value 20 points

100 points

3.5 METHOD OF AWARD

RFP will be awarded based on best overall value method of award.

The County reserves the right to make separate awards to different vendors, to not award, or to cancel this RFP in its entirety without awarding a contract, if it is considered to be most advantageous to the County to do so.

4.0 SCOPE OF WORK & VENDOR’S PROPOSAL CONTENT REQUIREMENTS

4.1 SCOPE OF WORK

Cumberland County is issuing this Request for Proposal (RFP) to engage with an exceptional Employee Assistance Program (EAP) provider that will redefine the standard of mental health support for our over 2,000 valued full-time and part-time employees. We are committed to fostering a workplace culture that prioritizes the well-being of our staff, and we recognize the critical importance of partnering with an EAP provider who shares this commitment wholeheartedly.

We are seeking proposals from dynamic and forward-thinking EAP providers who will not only meet but exceed our expectations by delivering innovative, engaged, and robust services. The selected provider must demonstrate a deep understanding of the unique challenges faced by our workforce and showcase a proactive approach to addressing mental health issues within our organization.

Cumberland County is dedicated to creating an environment where every employee feels supported, empowered, and valued. As such, we are eager to collaborate with a provider who will go beyond traditional EAP offerings to provide comprehensive, personalized support that meets the diverse needs of our employees. We believe that by investing in the mental health and well-being of our workforce, we can enhance employee satisfaction, productivity, and overall organizational success.

A. OBJECTIVES

We are looking for a creative, strategic, and innovative partner with these attributes/capabilities:

Promote Mental Health Awareness: Increase awareness and understanding of mental health issues and resources available among Cumberland County employees through educational workshops, seminars, and informational materials.

Reduce Stress and Improve Coping Skills: Equip employees with effective stress management techniques and coping skills to enhance their ability to handle work-related stressors and personal challenges.

Provide Counseling and Support Services: Offer confidential counseling services to employees experiencing personal or work-related difficulties, including but not limited to stress, anxiety, depression, substance abuse, and relationship issues.

Enhance Work-Life Balance: Develop programs and initiatives to support employees in achieving a healthy work-life balance, such as flexible work arrangements, time management workshops, and resources for childcare and eldercare.

Address Substance Abuse: Implement initiatives to address substance abuse issues within the workforce, including education, prevention, early intervention, and referrals to treatment programs.

Promote Employee Well-being: Foster a supportive and inclusive work environment that prioritizes the overall well-being of employees, including stress, anxiety, sleep, physical activity, mindful eating, etc.

Strengthen Team Dynamics and Communication: Facilitate workshops and training sessions focused on improving communication skills, conflict resolution, and building positive relationships among coworkers.

Evaluate Program Effectiveness: Continuously monitor and evaluate the effectiveness of the EAP through employee feedback, utilization data, and outcome measures, and make adjustments as needed to better meet the needs of Cumberland County employees.

Effective Deployment of Technology: (digital, virtual, AI, texting, chat, etc.) provide support across the spectrum of emotional wellbeing and mental health needs

Flexibility with Types of Scheduling: (texting, virtual, online therapy, face to face, coaching) to meet needs of all generations of the workforce

Fast Response Rate, and Appointment Times with More Real Time Support: The ability to prioritize all situations’ not just critical need.

B. TASKS

Provide at least two (2) hours of initial training onsite or virtual EAP orientations to all management and supervisory personnel, and at least one (1) hour of yearly re-orientation to cover topics such as EAP management referral process and EAP services provided. In addition, internet website resources shall be provided for delivery of ongoing orientation information.

Attend quarterly site or virtual meetings with the County to assist the Program Administrator in maintaining a viable employee assistance program and assess program activity.

Provide unlimited training and consultations for the Program Administrator at no additional charge to the County.

Provide a program of assessment, referral and short-term counseling (up to six (6) sessions per year, per employee and per employee dependent family member) to all employees deemed eligible by the County in need of such services.

Provide services to eligible County employees and their dependent family members on a self-referral basis.

Licensed professional EAP counselors, experienced in providing EAP services, shall deliver confidential, in-person short-term, solution focused assessment and counseling sessions for employees and their families members who are experiencing life problems of any kind. These sessions shall be conducted in safe, private, and confidential offices. Video counseling sessions shall be an option for employees and their families.

Licensed, professional EAP counselors shall be available in sufficient numbers and in appropriate locations to deliver both urgent and non-urgent services in a timely manner. Urgent requests for service shall be met within 24 hours and non-urgent requests within three business days.

Licensed, professional EAP counselors shall provide counseling for problems related, but not limited to: stress, family, work, grief, smoking cessation, alcohol and drug abuse, job-related issues, marriage and divorce, depression, parent-child relationships, child/spouse abuse, aging, eldercare, eating disorders, suicide prevention, financial and credit problems, gambling, conflict resolution, serious illness/death of a family member, and mental health issues.

Licensed, professional EAP counselors shall assist with referrals for long-term or specialized care based on assessed employee need and preferences, recommended treatment, and financial resources.

Referrals shall be made if more extensive counseling is needed, and the number of personal counseling sessions is exhausted.

Licensed, professional EAP counselors shall, as needed, refer employees to outside professionals including but not limited to: psychiatrists/psychologists, psychotherapists, social workers, family counselors, other medical and/or health practitioners, credit and financial counselors.

Referrals shall be conveniently located (within fifteen (15) miles of home or work in urban and suburban areas and within forty (40) miles in rural areas) throughout Cumberland County or surrounding counties.

Monitor and review the progress of referrals and the provider’s adherence to quality assurance standards.

The EAP provider shall have specific knowledge, training and experience in the assessment and treatment of chemical dependency and other addictions.

The EAP provider shall provide guaranteed complete privacy and protection for EAP client records. EAP records and all related private health information shall be maintained in accordance with all State and Federal laws. The EAP shall provide ongoing training for its provider network on confidentiality practices.

The EAP provider shall provide a variety of printed materials (e.g. posters, brochures, and wallet cards), online services, newsletters to maximize awareness in the workplace and promote easy access to EAP services and support.

The EAP provider shall participate in County Wellness events which include, but are not limited to, Employee Benefit/Health Expos, as requested.

The EAP provider shall provide on and offsite assistance, as needed, with management referrals for employees involved in workplace conflicts, return-to-work conferences and other identified needs of the workplace.

The EAP provider shall be required to provide Annual and Periodic Utilization Reports as follows: On a monthly and annual basis, EAP provider shall provide comprehensive, user-friendly EAP utilization and activity reports showing number of requests for service and type of service provided.

The EAP provider shall provide up to four (4) timely sessions per year on an as needed basis for emergencies, including critical incident stress debriefing, or crisis response needs for County management, employees, or a County department or work group.

The County has a need to make referrals to qualified substance abuse professionals (SAPs) to comply with our Drug and Alcohol Free Workplace Policy and Department of Transportation (DOT) regulations. If the EAP provider is qualified to perform this service, please note in the proposal.

If offered by the EAP provider please include pricing as an add on service for computerized cognitive behavioral therapy offered for virtual/online wellness/mental health services.

The EAP provider shall provide a 24/7 dedicated helpline available 24/7 for employees seeking immediate support and guidance.

The EAP provider shall implement a system for follow-up and monitoring of employees who have utilized EAP services to ensure ongoing support and progress tracking.

The EAP Provider shall develop customized programs and initiatives tailored to the unique needs and challenges of Cumberland County's workforce, such as diversity and inclusion initiatives, work-life balance programs, etc.

4.2 VENDOR’S PROPOSAL REQUIREMENTS

The vendor’s proposal must include the required information below. Proposals shall be tabbed, using the titles identified in this section, to identify the required information. Tabs must be in the same order as listed below. Failure to submit this information may render its proposal non-responsive. Vendors are urged and cautioned to read the notices in Section 3.1. Noncompliance with the confidentiality requirements will result in a proposal being considered nonresponsive.

A. QUALIFICATIONS AND RELATIVE EXPERIENCE OF FIRM

In its Proposal, vendor shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to the County of Cumberland. Overview of the provider's history, including years of experience in offering EAP services. Description of the provider's expertise and qualifications in the field of mental health support.

Details about the qualifications and certifications of the provider's counselors and therapists. Information about any relevant accreditations or affiliations with professional organizations in the mental health field. Case studies or success stories demonstrating the provider's track record of delivering effective EAP services to organizations of similar size and scope.

B. QUALITY AND BREADTH OF SERVICES OFFERED

In its Proposal, vendor shall provide a comprehensive list of EAP services offered, including crisis intervention, counseling, helpline availability, educational workshops, referral services, and any other specialized programs. Details about the accessibility and availability of services, including hours of operation and methods of access (e.g., in-person, virtual, phone). Information about the provider's approach to tailoring services to meet the specific needs and demographics of Cumberland County's workforce. Description of any additional wellness or support services offered beyond traditional EAP offerings.

C. INNOVATIVENESS AND ENGAGEMENT STRATEGIES

Vendor’s proposal shall include, an overview of innovative approaches or technologies used to deliver EAP services.

Examples of creative engagement strategies employed to encourage employee participation and utilization of EAP services. Description of any unique programs or initiatives developed by the provider to address emerging mental health issues or trends. Evidence of the provider's commitment to ongoing innovation and improvement in the delivery of EAP services.

D. REFERENCE LIST OF GOVERNMENTAL CLIENTS/CLIENT SATISFACTION

Vendor’s proposal shall include contact information for current or former clients who can provide references or testimonials about their experience working with the provider. Summaries of client satisfaction surveys or feedback received from governmental agencies similar to Cumberland County. Information about any awards, accolades, or recognition received by the provider for excellence in EAP service delivery. Evidence of long-term client relationships and repeat business with satisfied customers. Vendors shall provide at least three (3) references for which your company has provided services of similar size and scope to that proposed herein.

COMPANY NAME CONTACT NAME TELEPHONE

NUMBER

EMAIL ADDRESS

E. PRICE VALUE

Vendor’s proposal shall include clear and transparent pricing structure for EAP services, including any subscription fees, per-employee rates, or additional charges for specialized services. Explanation of the value proposition offered by the provider in relation to the cost of services. Details about any cost-saving measures or discounts available for long-term contracts or large employee populations. Information about the provider's billing and invoicing processes, including any options for customization or flexibility to accommodate Cumberland County's budgetary constraints. Cost shall be all inclusive. Exclude all sales tax from your proposal. If discount is available for prompt payment, identify terms so it may be considered in analyzing proposal.

5.0 CONTRACT TERMS AND CONDITIONS

5.1 IRAN DIVESTMENT ACT

As provided in N.C.G.S. 147-86.55-69, any person identified as engaging in investment activities in Iran, determined by appearing on the Final Divestment List created by the North Carolina State Treasurer pursuant to G.S. 147-86.57(6) c, is ineligible to contract with the County of North Carolina or any political subdivision of the COUNTY.

5.2 E-VERIFY

CONTRACTOR shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if Contractor utilizes a subcontractor, CONTRACTOR shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes.

5.3 DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL

The CONTRACTOR certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81. It is the responsibility of each CONTRACTOR to monitor compliance with this restriction. Contracts valued at less than $1,000.00 are exempt from this restriction.

5.4 CONTRACT CHANGES

Contract changes, if any, over the life of the contract shall be implemented by contract amendments agreed to in writing by the COUNTY and CONTRACTOR.

5.5 CONTRACT TERM

The Contract shall have an initial term of three (3) years, beginning on the date of contract award (the “Effective Date”).

The CONTRACTOR shall begin work under the Contract within 30 business days of the Effective Date with a target date of July 1, 2024.

At the end of the Contract’s current term, the COUNTY shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to a total of two additional one-year terms.

5.6 PRICING

Proposal price shall constitute the total cost for complete performance in accordance with the requirements and specifications herein, including all applicable charges handling, administrative and other similar fees. CONTRACTOR shall not invoice for any amounts not specifically allowed for in this RFP.

5.7 INVOICES

a) Invoices must be submitted to the following address: Cumberland County Human Resources

PO Box 1829

Fayetteville, North Carolina 28302-1829

b) Any applicable taxes shall be invoiced as a separate item.

5.8 PAYMENT TERMS

The CONTRACTOR will be paid net thirty (30) calendar days after the CONTRACTOR’S invoice is approved by the

COUNTY.

5.9 APPROPRIATION OF FUNDS

The parties intend that contractual performances by either party beyond the first fiscal year after the execution of this agreement be contingent upon the continued funding and appropriation by the County Board of Commissioners.

Therefore, the parties agree that services provided and payment due under this agreement will be provided upon a year-to- year basis contingent upon continued funding and appropriation. The fiscal year for Cumberland County begins on July 1 and ends June 30th.

5.10 FINANCIAL STABILITY

CONTRACTOR warrants that it has the financial capacity to perform and to continue perform its obligations under the contract; that CONTRACTOR has no constructive or actual knowledge of an actual or potential legal proceeding being brought against CONTRACTOR that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction.

5.11 INSURANCE:

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 County 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. 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.

5.12 GENERAL INDEMNITY

The CONTRACTOR shall hold and save the COUNTY, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the CONTRACTOR in the performance of this Contract and that are attributable to the negligence or intentionally tortious acts of the CONTRACTOR provided that the CONTRACTOR is notified in writing within 30 days that the COUNTY has knowledge of such claims. The CONTRACTOR represents and warrants that it shall make no claim of any kind or nature against the COUNTY’s agents who are involved in the delivery or processing of CONTRACTOR goods or services to the COUNTY. The representation and warranty in the preceding sentence shall survive the termination or expiration of this Contract.

5.13 ENTIRE CONTRACT

The contract formally entered into by the parties after the vendor is selected constitutes the entire understanding of the parties. In the event of a conflict between the COUNTY’S contract terms and the CONTRACTOR’S contract terms, the COUNTY’S terms shall be the overriding determining factor.

5.14 CONTRACT CANCELLATION

The COUNTY may terminate this contract at any time by providing 30 days’ notice in writing from the COUNTY to the CONTRACTOR. If the contract is terminated by the COUNTY as provided in this section, the COUNTY shall pay for services satisfactorily completed by the CONTRACTOR, less any payment or compensation previously made.

5.15 LAWS AND ORDINANCES

The contract will be governed by North Carolina law.

5.16 COMPLIANCE WITH LAWS

CONTRACTOR shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business and its performance in accordance with this contract, including those of federal, state, and local agencies having jurisdiction and/or authority.

5.17 CONTRACTOR REPRESENTATIONS

CONTRACTOR warrants that qualified personnel shall provide services under this Contract in a professional manner.

“Professional manner” means that the personnel performing the services will possess the skill and competence consistent with the prevailing business standards in the industry. CONTRACTOR agrees that it will not enter any agreement with a third party that may abridge any rights of the COUNTY under this Contract.

If any services, deliverables, functions, or responsibilities not specifically described in this Contract are required for CONTRACTOR’S proper performance, provision and delivery of the service and deliverables under this Contract, or are an inherent part of or necessary sub-task included within such service, they will be deemed to be implied by and included within the scope of the contract to the same extent and in the same manner as if specifically described in the contract. Unless otherwise expressly provided herein, CONTRACTOR will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the CONTRACTOR to provide and deliver the Services and Deliverables.

CONTRACTOR certifies that it has not previously or currently:

a. Had any criminal felony conviction, or conviction of any crime involving moral turpitude, including, but not limited to fraud, misappropriation or deception, of CONTRACTOR, its officers or directors, or any of its employees or other personnel to provide services on this project, of which CONTRACTOR has knowledge.

b. Had any regulatory sanctions levied against CONTRACTOR or any of its officers, directors or its professional employees expected to provide services on this project by any governmental regulatory agencies within the past three years. As used herein, the term “regulatory sanctions” includes the revocation or suspension of any license or certification, the levying of any monetary penalties or fines, and the issuance of any written warnings.

c. Had any civil judgments against CONTRACTOR during the three (3) years preceding submission of its proposal herein.

Any personnel or agent of the CONTRACTOR performing services under any contract arising from this RFP may be required to undergo a background check at the expense of the CONTRACTOR, if so requested by the COUNTY.

The COUNTY may, in its sole discretion, terminate the services of any person providing services under this Contract.

Upon such termination, the COUNTY may request acceptable substitute personnel or terminate the contract services provided by such personnel.

Attachments to this RFP begin on the next page.

ATTACHMENT A: INSTRUCTIONS TO VENDORS

1. READ, REVIEW AND COMPLY: It shall be the vendor’s responsibility to read this entire document, review all enclosures and attachments, and any addenda thereto, and comply with all requirements specified herein, regardless of whether appearing in these Instructions to vendors or elsewhere in this RFP document.

2. LATE PROPOSALS: Late proposals, 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.

3. ACCEPTANCE AND REJECTION: The County reserves the right to reject any and all proposals, to waive minor informality in proposals and to reject proposal with non-minor informalities, based on the sole discretion of the County.

4. EXECUTION: Failure to sign EXECUTION PAGE in the indicated space will render proposal non-responsive, and it shall be rejected.

5. GIFTS: Gifts and favors to the County of any kind in any amount are prohibited.

6. SUSTAINABILITY: To support the sustainability efforts of the County of Cumberland we solicit your cooperation in this effort. All copies of the proposal are printed double-sided.

7. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150 (1999), the County 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.

8. INFORMAL COMMENTS: The County shall not be bound by informal explanations, instructions or information given at any time by anyone on behalf of the County during the competitive process or after award. The County is bound only by information provided in this RFP and in formal Addenda issued through the State’s IPS and the County’s Vendor Self Service website.

9. COST FOR PROPOSAL PREPARATION: Any costs incurred by vendor in preparing or submitting offers are the Vendor’s sole responsibility; the County of Cumberland will not reimburse any vendor for any costs incurred.

10. VENDOR’S REPRESENTATIVE: Each vendor 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.

11. SUBCONTRACTING: The Contractor shall not assign or subcontract the work, or any part thereof, without the previous consent of Cumberland County, nor shall it assign, by power of attorney, operation of law, or otherwise, any moneys payable under the Contract without prior written consent of the County.

If the vendor proposes to subcontract work in this project, the subcontractor and the activity in this project are to be identified in the proposal.

All subcontractors must be approved by the County and must conform to and comply with the same terms, standards and specifications applicable to the contracting firm.

The vendor shall be fully responsible and accountable to the County for the acts and omissions of its subcontractors, and of persons directly or indirectly employed by him.

12. INSPECTION AT VENDOR’S SITE: The County reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective vendor prior to Contract award, and during the Contract term as necessary for the County determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the Contract.

13. AFFIRMATIVE ACTION: The vendor will take affirmative action in complying with all Federal and County requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or disability.

14. VENDOR REGISTRATION: Vendors are not required to register as a vendor in our system in order to submit a bid; however, registration is recommended so that vendor information is available for future opportunities. New vendors can register by visiting the following URL: https://ccmunis.co.cumberland.nc.us/vss/Vendors/default.aspx

This Space is Intentionally Left Blank

ATTACHMENT B: EXECUTION OF PROPOSAL

EXECUTION

In compliance with this Request for Proposal (RFP), and subject to all the conditions herein, the undersigned vendor offers and agrees to furnish and deliver any or all items/services upon which prices are proposed. By executing this proposal, the undersigned vendor certifies that this proposal is submitted competitively and without collusion, that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible from covered transactions by any Federal or State department or agency. Furthermore, the undersigned vendor certifies that it and its principals are not presently listed on the Department of State Treasurer’s Final Divestment List as per N.C.G.S 147- 86.55-69.

The potential Contractor certifies and/or understands the following by placing an "X" in all blank spaces:

_______ The County has the right to reject any and all proposals or reject specific proposals with deviated/omitted information, based on the County’s discretion if the omitted information is considered a minor deviation or omission. The County will not contact vendors to request required information/documentation that is missing from a proposal packet. Additionally, if the County determines it is in its best interest to do so, the County reserves the right to award to one or more vendors and/or to award only a part of the services specified in the RFP.

_______ This proposal was signed by an authorized representative of the Contractor.

_______ The potential Contractor has determined the cost and availability of all materials and supplies associated with performing the services outlined herein.

_______ All labor costs associated with this project have been determined, including all direct and indirect costs.

_______ The potential Contractor agrees to the conditions as set forth in this RFP with no exceptions.

_______ Selection of a contract represents a preliminary determination as to the qualifications of the vendor.

Vendor understands and agrees that no legally binding acceptance offer occurs until the Cumberland County Board of Commissioners, or its designee, executes a formal contract and/or purchase order.

Therefore, in compliance with the foregoing RFP, and subject to all terms and conditions thereof, the undersigned offers and agrees to furnish the services for the prices quoted within the timeframe required. Vendor agrees to hold firm offer through contract execution.

Failure to complete, execute/sign (E-signature or handwritten) proposal prior to submittal shall render the proposal invalid and it WILL BE REJECTED.

VENDOR:

STREET ADDRESS: P.O. BOX: ZIP:

CITY & COUNTY & ZIP: TELEPHONE

NUMBER:

TOLL FREE TEL. NO:

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO

VENDORS ITEM #10):

PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF

OF VENDOR:

FAX NUMBER:

VENDOR’S AUTHORIZED SIGNATURE: DATE: EMAIL:

ATTACHMENT C: CERTIFICATION OF FINANCIAL CONDITION

Name of Vendor: _______________________________________________________________

The undersigned hereby certifies that: [check all applicable boxes]

The vendor is in sound financial condition and, if applicable, has received an unqualified audit opinion for the latest audit of its financial statements.

Date of latest audit: __________________________

The vendor has no outstanding liabilities, including tax and judgment liens, to the Internal Revenue Service or any other government entity.

The vendor is current in all amounts due for payments of federal and County taxes and required employment-related contributions and withholdings.

The vendor is not the subject of any current litigation or findings of noncompliance under federal or County law.

The vendor has no findings in any past litigation, or findings of noncompliance under federal or County law that may impact in any way its ability to fulfill the requirements of this Contract.

He or she is authorized to make the foregoing statements on behalf of the vendor.

Note: This is a continuing certification and vendor shall notify the Contract Lead within 15 days of any material change to any of the representations made herein.

If any one or more of the foregoing boxes is NOT checked, vendor shall explain the reason in the space below:

Signature Date

Printed Name Title

[This Certification must be signed by an individual authorized to speak for the vendor]