RFP #27-21-ADM Temporary Emergency Shelter Service Provider and Facility.pdf

COUNTY ADMINISTRATION

RFP #27-21-ADM

TEMPORARY EMERGENCY SHELTER

SERVICE PROVIDER AND FACILITY

Date of Issue: October 23, 2026

Questions Due Date: October 30, 2026, by 4:00 PM Eastern Time

Proposal Due Date: November 9, 2026, by 4:00 PM Eastern Time

Direct all inquiries concerning this RFP to:

Heather Skeens

Assistant County Manager

Email: hskeens@cumberlandcountync.gov

Phone: 910-678-7725

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 ALTERNATIVE PROPOSALS

2.5 RFP TERMS AND 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

4.2 VENDOR’S PROPOSAL REQUIREMENTS

A. PROPOSAL INFORMATION REQUIRED

B. QUALIFICATIONS AND RELATIVE EXPERIENCE OF FIRM

C. QUALIFICATIONS AND EXPERIENCE OF STAFF

D. RESPONDENTS TECHNICAL APPROACH

E. RESPONDENTS INTERNAL TRAINING

F. INNOVATIVE APPROACHES AND PROGRAM MODEL

G. COST

H. FACILITY BUILDING REQUIREMENTS

I. QUESTIONS TO THE VENDOR

J. REFERENCES

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

Proposal Number: RFP #27-21-ADM Temporary Emergency Shelter Service Provider and Facility

5.6 PRICING

5.7 INVOICES

5.8 PAYMENT TERMS

5.9 APPROPRIATION OF FUNDS

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

ATTACHMENT D: PRICE PROPOSAL

1.0 PURPOSE AND BACKGROUND

The purpose of Cumberland County, North Carolina, in issuing this Request for Proposals (RFP) is to find innovative approaches from qualified experienced organizations and businesses in providing services and support for a temporary emergency homeless shelter in Cumberland County NC. Cumberland County is the fifth largest county in North Carolina and is home to the largest army base, Fort Bragg. In February 2023, our Point in Time Count had 378 sheltered, unsheltered and transitional housing homeless individuals and families, of which 272 were unsheltered, 47 were sheltered and 59 placed in transitional housing. Cumberland County Schools identified approximately 847 students as qualifying under the Mckinney-Vento Act in the 2023/2024 school year. Cumberland County has many providers, and a strong Continuum of Care (CoC) dedicated to providing services to those experiencing homelessness (sheltered or unsheltered) and those that are at immediate risk of homelessness.

The base proposal shall provide a turnkey temporary emergency shelter with a total contracted capacity of seventy (70) persons, including children. At least thirty (30) approved beds shall be operational within thirty (30) calendar days after full execution of the contract, and all seventy (70) approved beds shall be operational within ninety (90) calendar days after full execution. Additional or reduced capacity and multiple-site approaches may be proposed as clearly identified alternatives under Section 2.4. Occupancy shall not exceed the capacity approved by the authorities having jurisdiction.

The County welcomes the responses of all legally qualified vendors, including service providers, as well as competitive providers, nonprofit organizations, and other entities that are interested in partnering with the County.

Providers may respond as part of a partnership with other organizations or may provide separate responses.

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.

Email address for delivery of proposal electronically SUBJECT LINE: RFP #27-21-ADM Temporary Emergency Shelter Service Provider and Facility hskeens@cumberlandcountync.gov

All proposals must be received in the designated County email inbox on or before November 9, 2026, at 4:00 PM Eastern Time, as recorded by the County email system. The vendor is responsible for timely delivery, including allowing for file-size limitations and transmission delays. Proposals received after the deadline will be rejected. Vendors should request acknowledgment of receipt; an acknowledgment does not establish responsiveness or acceptance of the proposal.

All proposal addendums and/or corrections will be posted on the Cumberland County Vendor Self Service site https://cumberlandcountync.munisselfservice.com/vss/Vendors/VBids/Default.aspx .

2.3 PROPOSAL QUESTIONS

Written questions shall be emailed to hskeens@cumberlandcountync.gov by October 30, 2026, at 4:00 PM Eastern Time. Vendors should enter “RFP #27-21-ADM Temporary Emergency Shelter Service Provider and Facility:

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 by the questions deadline, the County responses, and any revisions to this RFP will be posted as written addenda on the County Vendor Self Service website identified in Section 2.2. Vendors that request to be included on the distribution list will also receive addenda by email. Vendors remain responsible for obtaining all addenda and shall acknowledge each addendum in their proposals. Only written addenda may change this RFP. Communications concerning this procurement shall be directed to the designated contact, subject to Section 3.1.

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 ALTERNATIVE PROPOSALS

Vendor may submit alternate proposals for various methods or levels of service(s) or that propose different options.

Alternate proposals must specifically identify the RFP requirements and advantage(s) addressed by the alternate proposal. Any alternate proposal, in addition to the identification of the vendor and RFP number, must be clearly marked with the legend: “Alternate Proposal - [Title] - [Vendor Name]”. Each proposal must be for a specific set of services and must include specific pricing. If a vendor chooses to respond with various service offerings, each must be offered with a separate price and be contained in a separate proposal document. Each proposal must be complete and independent of other proposals offered. Acceptance of alternate proposals is at the County’s sole discretion.

2.5 RFP TERMS AND 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 COMMUNICATIONS: Vendors and their representatives shall direct communications seeking to influence or clarify this procurement only to the contact designated in this RFP. This restriction applies to procurement-related contacts with other County employees and members of the Board of Commissioners. It does not prohibit unrelated ongoing business or routine zoning, permitting, fire, building, or environmental-health inquiries needed to assess a proposed site. Such inquiries shall not seek nonpublic procurement information or changes to RFP requirements.

Questions about this RFP must be submitted through the designated contact, and material clarifications will be issued by addendum. A violation may result in disqualification.

PUBLIC RECORDS AND CONFIDENTIAL INFORMATION: Proposals are subject to North Carolina public records law. A vendor claiming that particular information is protected from disclosure shall clearly identify that information at initial submission, state the specific legal basis for protection, and provide a separately labeled redacted copy. Trade-secret claims must satisfy G.S. 132-1.2 and G.S. 66-152(3). Blanket designation of an entire proposal as confidential is insufficient. A vendor designation does not determine whether information is legally protected; the County will evaluate requests and respond to records requests in accordance with applicable law. Vendors shall not include resident records or other unnecessary personally identifying information in their proposals.

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. Vendors may be required to provide a demonstration upon request.

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

3.4 EVALUATION CRITERIA

All qualified 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 Relative Experience of Firm 30 points

2. Qualifications and Experience of Staff 20 points

3. Respondents Technical Approach 20 points

4. Respondents Internal Training 5 points

5. Innovative Approaches and Program Model 5 points

6. Cost Proposal 20 points

7. Facility Building Requirements 20 points

120 points

The stated criteria total 120 points. Mandatory legal, safety, site-control, and opening requirements are conditions of responsiveness or award, as applicable, and may not be offset by points earned elsewhere. Facility scoring will consider readiness, suitability, accessibility, and verified feasibility beyond the mandatory minimum requirements.

Cost evaluation will use common assumptions identified in this RFP or a written addendum issued before the proposal deadline. Interviews, reference checks, site visits, and clarification requests may be used consistently to verify proposal information.

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. Any separate or partial award shall define facility and operating responsibilities, lead-contractor accountability, coordination, reporting, payment, and resident continuity. A proposer shall identify each partner and subcontractor and provide commitments sufficient to establish the proposed arrangement.

4.0 SCOPE OF WORK & VENDOR’S PROPOSAL CONTENT REQUIREMENTS

4.1 SCOPE OF WORK

The County seeks temporary emergency shelter capacity for individuals and families with children affected by displacement and shelter closures. The selected CONTRACTOR shall provide the facility, staffing, supplies, and services necessary to meet the capacity and opening requirements in Section 1.0. The shelter shall operate twenty-four

(24) hours per day, seven (7) days per week, including holidays, throughout the approved operating period.

A. OBJECTIVES

The provider shall submit a mobilization and opening plan identifying site approvals, improvements, recruitment, training, startup purchases, and the schedule for opening thirty (30) and seventy (70) beds. The proposal shall identify the populations to be served, capacity by population and sleeping arrangement, and how the provider will serve single adults and families with children. A partnership or partial-service alternative shall identify the lead contractor, each partner role, facility arrangements, and responsibility for contract performance. The County will approve the population mix and division of responsibility in the awarded scope of work.

Minimum operating services

The CONTRACTOR shall provide staffed intake, safe sleeping accommodations, three meals and two snacks daily, drinking water, bathrooms, showers, hygiene supplies, laundry access, cleaning, waste removal, pest control, and secure storage for resident belongings. Proposals shall describe daytime access, intake hours, accessibility, transportation to essential appointments and services, and all services furnished directly or through identified partners.

Partner services shall be supported by written commitments identifying availability, responsibilities, and any cost.

The CONTRACTOR shall provide housing-focused assessment, case management, housing navigation, benefits and service referrals, and coordination with the local Continuum of Care and referral system. The proposal shall identify case-management coverage, anticipated caseloads, resident housing-planning procedures, and the frequency of follow-

up. Clinical treatment shall be furnished only by appropriately qualified personnel or through qualified referral partners.

Admissions and resident protections

The proposal shall include proposed eligibility, referral, admission, denial, waiting-list, discharge, and grievance policies. It shall explain how the low-barrier model addresses identification, income, sobriety, criminal history, participation in services, resident fees, and conduct that creates a safety risk. Residents shall not be required to participate in religious activities as a condition of receiving County-funded shelter services. Admission and discharge decisions shall be documented, and residents shall receive understandable information about rules, reasonable modifications, and grievances.

The provider shall describe family sleeping arrangements, privacy, supervision, and procedures to keep families together safely. Children are expected to be accompanied by a parent or legal guardian unless the County expressly approves a separately qualified and appropriately licensed unaccompanied-youth program. Proposals shall describe responses to domestic violence, exploitation, suspected abuse or neglect, and residents needing a level of care beyond the shelter model.

Staffing safety and emergency response

The proposal shall include staffing by position and shift for the thirty-bed and seventy-bed phases, supervision, relief and vacancy coverage, volunteer roles, case-management availability, and security responsibilities. Staff and volunteers shall receive role-appropriate screening and training before unsupervised resident contact. Screening shall comply with applicable law and address duties involving children, vulnerable adults, confidential records, transportation, and financial responsibilities.

The CONTRACTOR shall maintain written procedures for fire and evacuation, severe weather, medical and behavioral-health emergencies, overdose response, infection control, violence, missing children, and continuity during facility or utility failures. Proposals shall describe coordination with emergency responders and training in de-escalation, trauma-informed care, first aid, and emergency response appropriate to assigned duties. The CONTRACTOR shall promptly notify the designated County representative of serious incidents affecting resident safety or service continuity, with a written report no later than the next business day, while protecting confidential information.

Performance reporting and resident information

The CONTRACTOR shall maintain a daily census of approved, available, occupied, and unavailable beds and make current vacancy information available to the County and approved referral partners. A monthly performance report shall be submitted within fifteen (15) calendar days after month-end and shall identify bed nights, unduplicated persons and households served, adults and children served, admissions and denied admissions with reasons, length of stay, services delivered, housing exits, staffing or facility interruptions, serious-incident totals, and corrective actions.

The County and CONTRACTOR shall establish outcome targets in the awarded scope of work based on the population and service model.

Proposals shall describe Homeless Management Information System (HMIS) participation or a County-approved alternative appropriate to the provider and applicable confidentiality requirements, coordination with the Continuum of Care, informed consent and notices, secure storage and transmission, access controls, breach response, and retention and transfer of records. Routine County performance reports shall use aggregate or appropriately de-identified information; identifiable records shall be shared only when authorized and necessary through approved secure methods.

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. PROPOSAL INFORMATION REQUIRED

1) Service Provider Organization Information

Organization/Business Name

Contact Information (Name, Title, Phone, Email)

Statement of Qualifications, include your website address.

Description of relevant prior experience, how many years each area of expertise

2) Shelter Operations and Support Services

Experience providing shelter operation and support services

Services provided (e.g., case management, housing navigation, mental health support) how many years

Program capacity and target populations served (e.g., families, individuals, youth)

Experience operating a 24/7 facility

3) Experience with Key Practices

Low barrier shelter operations and services

Care coordination/case management

Housing navigation, laundry facility, Kitchen

Harm reduction and trauma-informed care

Experience with the Continuum of Care (CoC) and Homeless Management Information System

(HMIS)

4) Innovative Approaches and Program Models

Innovative approaches or program models for supporting individuals with complex needs

Approaches to moving individuals from shelter to stable housing

Experience forging community partnerships, including healthcare, behavioral-health, case-management, and substance-use service providers.

5) Facility (Building) Requirements

The shelter facility must be located within Cumberland County, North Carolina. The proposal shall identify its street address and the entity with ownership or lease control. A bidder business address outside the County does not disqualify a proposal for a compliant facility within the County.

A location on or near a usable public transit route is preferred. The proposal shall identify transit access and the transportation arrangements and costs needed when public transit is unavailable or unsuitable.

The facility shall support the seventy-person base capacity and phased opening required in Section 1.0.

The proposal shall include a floor plan showing sleeping areas, family accommodations, accessible routes, bathrooms, showers, food service, laundry, storage, and staff and security areas, together with approved or proposed occupancy capacity.

Must either prepare food or have alternative arrangements to provide three (3) meals a day and two (2) snacks.

Services shall be provided without unlawful discrimination, with reasonable modifications and appropriate privacy and safety arrangements for the populations approved in the contract. The proposal shall explain admission and accommodation policies, including arrangements for families with children.

Must have access to bathrooms and showers

The facility and shelter program shall meet applicable Americans with Disabilities Act requirements and applicable accessibility codes, including accessible parking, routes, entrances, sleeping accommodations, bathrooms, showers, and service areas. The provider shall furnish reasonable modifications, effective communication, accessible intake and grievance procedures, and access for service animals as required by law.

The proposal shall include a facility safety and security plan addressing staff coverage, access control, visitor management, lighting, emergency communications, and resident privacy. Any alarm or surveillance system shall support, rather than replace, appropriate staffing and shall protect private sleeping, bathing, and changing areas.

Before residents occupy the facility, the CONTRACTOR shall obtain and provide the County with all required zoning, building, occupancy, fire, food-service, environmental-health, and other approvals from the authorities having jurisdiction. The proposal shall identify approvals already obtained, outstanding approvals, required improvements, responsible parties, and a schedule demonstrating compliance with the opening milestones.

The CONTRACTOR shall maintain required permits and approvals and complete inspections at the frequency required by the authorities having jurisdiction. The County may inspect the facility before opening and during operations. The proposal shall allocate responsibility and cost for maintenance, repairs, improvements, utilities, cleaning, laundry, pest control, waste disposal, and correction of deficiencies.

The provider shall demonstrate legal standing, financial capacity, and the right to use the proposed facility throughout the proposed term. Disclose delinquent taxes, foreclosure, defaults, liens, litigation, or other conditions that may materially affect performance or continued occupancy, together with the proposed resolution. An ordinary mortgage or properly performing lease is not, by itself, disqualifying.

The facility shall be insured as required by the contract and shall maintain all required fire and life-safety approvals. No opening milestone authorizes occupancy before the required approvals are obtained.

B. 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.

C. QUALIFICATIONS AND EXPERIENCE OF STAFF

In its Proposal, vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. Vendor shall describe the organizational and operational structure it proposes to utilize for the work described in this RFP and identify the responsibilities to be assigned to each person vendor proposes to staff the work. The staffing plan shall identify staff by shift and phase, funded positions and full-time equivalents, qualifications, screening, training, supervision, and relief coverage. The lead contractor shall remain accountable for approved partner and subcontractor performance.

D. RESPONDENTS TECHNICAL APPROACH

Vendor’s proposal shall include, in narrative, outline, and/or graph form the vendor's approach to accomplishing the tasks outlined in the Scope of Work section of this RFP. A description of each task and deliverable and the schedule for accomplishing each shall be included.

E. RESPONDENTS INTERNAL TRAINING

Vendor’s proposal shall include the vendor’s approach to internal training related to accomplishing the tasks outlined in the Scope of Work section of this RFP. Vendor should attach any policies and procedures established for operational efficiency and effectiveness, to include training manuals.

F. INNOVATIVE APPROACHES AND PROGRAM MODEL

Vendor’s proposal shall include the vendor’s innovative approaches and program model for this proposal and include innovative approaches in previous experiences that could be applied to this RFP.

G. COST

Submit a complete cost proposal using Attachment D. Costs shall include all labor, supervision, benefits, facility occupancy, supplies, equipment, insurance, administration, partner services, and other costs necessary for the offered scope. Separately identify one-time startup costs, monthly thirty-bed and seventy-bed operating costs, first- and second-year costs, and optional renewal-year pricing. Exclude sales tax from proposed prices and separately identify any tax treatment requiring County review. Disclose proposed resident charges and other funding applied to the same costs.

County funds shall not pay costs already paid or reimbursed by another source.

In addition to Attachment D, provide a budget narrative addressing:

One-time startup and pre-opening costs, with proposed payment milestones and supporting deliverables

Monthly operating budgets for the thirty-bed and seventy-bed phases and budgets for each year of the term

Staffing for wrap around services and shelter staffing

Supplies

Utility cost (estimate)

Facility rent or occupancy costs, insurance, transportation, partner services, administrative charges, contingency assumptions, and all other costs necessary for performance

H. FACILITY BUILDING REQUIREMENTS

Vendor’s proposal must include and demonstrate how it meets the requirements stated in Section 4.2 A. 5 Facility (Building) Requirements.

I. QUESTIONS TO THE VENDOR

Vendor shall respond to each of the following questions. Vendors are requested to keep responses straightforward and to the point and should not include generic marketing materials. Responses will be reviewed as part of the evaluation process.

1) Has Vendor provided wrap around services in previous or current emergency sheltering operations?

2) Is the Vendor located within Cumberland County?

3) Have you operated a low barrier shelter?

J. REFERENCES

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

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 State 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 initial contract term shall be two (2) years beginning on the date of full execution by both parties, unless a different effective date is expressly stated in the executed contract. Mobilization shall begin upon the effective date. At least thirty

(30) approved beds shall be operational within thirty (30) calendar days after full execution and all seventy (70) approved beds within ninety (90) calendar days after full execution, consistent with Section 1.0. Required approvals must be obtained before occupancy.

The County may, in its sole discretion and subject to appropriation, renew the contract for one additional year by written agreement. Renewal pricing and any authorized rate adjustments shall be stated in the awarded pricing schedule. Renewal is not automatic. The County retains its termination rights under Section 5.14, including when temporary capacity is no longer needed.

5.6 PRICING

The awarded pricing schedule shall state the total contract ceiling, one-time startup amount, operating rates, capacity phases, authorized adjustments, and any renewal pricing. The payment basis shall be expressly identified as fixed operating payments, payments for available beds, occupied bed nights, documented allowable actual expenses, or a clearly defined combination. Only the executed contract or an executed amendment may authorize payment. The CONTRACTOR shall not invoice for amounts not authorized by that pricing schedule.

Pre and post opening budgets, clearly separated and labeled

Staffing for wrap around services and shelter staffing

Supplies

Utility cost (estimate)

Any other costs associated with operating a temporary shelter

The executed pricing schedule shall address unavailable or reduced-capacity beds, partial months, startup milestones, delayed opening, and approval of additional services. Startup payments, if authorized, shall be tied to defined deliverables and supporting documentation. The contract shall identify ownership, permitted use, and disposition of equipment or improvements purchased with County funds and any recovery of unearned startup payments. No minimum occupancy or exclusive use of beds is guaranteed unless expressly stated in the executed contract.

5.7 INVOICES

a) Invoices must be submitted to the following address:

Cumberland County – County Manager’s Office

ATTN: Heather Skeens, Assistant County Manager

PO Box 1829

Fayetteville, NC 28302-1829

Email: hskeens@cumberlandcountync.gov

Any applicable taxes shall be invoiced as a separate item.

Invoices shall be submitted monthly and identify the service period, authorized rates, capacity delivered, startup milestones, if applicable, and the amount requested. Attach the monthly performance report, census or service-unit reconciliation supporting the payment basis, and other documentation required by the awarded pricing schedule.

Claims for actual-cost reimbursement shall include invoices, payroll or other cost records, proof of payment when required, and an allocation of shared costs. The County may return incomplete invoices and withhold disputed or unsupported amounts pending resolution.

The CONTRACTOR shall maintain records supporting contract charges and performance for the retention period established in the executed contract and any applicable funding requirements, permit reasonable County monitoring and access to supporting records, and correct identified deficiencies. Unsupported, duplicate, unearned, or unauthorized payments shall be repaid or credited to the County as provided in the executed contract.

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 to 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 applicable laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The CONTRACTOR shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Contract. The limits of coverage under each insurance policy maintained by the CONTRACTOR shall not be interpreted as limiting the CONTRACTOR’S liability and obligations under the Contract. 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.

The proposal shall identify existing and proposed coverage for commercial general liability, workers compensation and employers liability as applicable, automobile liability when transportation is provided, professional liability when professional services are furnished, and abuse or molestation coverage appropriate to services involving children or vulnerable adults. The facility owner and operator shall identify their respective property and liability coverage. Required policy limits, endorsements, additional-insured provisions where applicable, and proof of coverage shall be specified by the County before the proposal deadline. Required coverage shall be in force before the applicable work or occupancy begins.

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.

If the CONTRACTOR fails to meet opening milestones, loses a required approval, or materially fails to perform, the County may require corrective action and exercise suspension or termination rights stated in the executed contract. The contract shall distinguish failures requiring notice and an opportunity to cure from conditions requiring immediate protective action because of imminent safety risks. Payment shall be limited to authorized services and deliverables accepted by the County, with appropriate credits for unearned or unsupported amounts.

The CONTRACTOR shall maintain a continuity and transition plan for facility interruption, expiration, or termination.

The plan shall address immediate resident safety, coordinated transfers to appropriate available services, advance communication when practicable, confidential transfer of authorized records, County-funded equipment and property, and final financial reconciliation. No resident shall be discharged solely because a contract ends without coordination of a safe transition plan with the County. The CONTRACTOR shall cooperate with a successor provider and submit final service and financial reports within thirty (30) calendar days after the end of performance.

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.

Before assigning personnel or volunteers to unsupervised resident contact, the CONTRACTOR shall complete role-appropriate background screening in accordance with applicable law and the approved screening policy. Maintain evidence of screening and provide appropriate compliance verification to the County on request, while protecting confidential personnel information. The County may require additional lawful screening relevant to assigned duties at the CONTRACTOR expense.

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: Proposals shall be submitted electronically in accordance with Section 2.2. No printed copies are required unless requested by the County.

7. PARTICIPATION: The County encourages proposals from all qualified businesses, nonprofit organizations, and eligible partnerships. Vendors shall comply with applicable nondiscrimination requirements and any funding-specific procurement conditions expressly identified in this RFP or its addenda.

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 EVP 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://cumberlandcountync.munisselfservice.com/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 reserves the right to reject any or all proposals, waive minor informalities, and seek clarification consistently with the RFP. A clarification shall not permit a material revision that would unfairly advantage a proposer. The County is not obligated to request missing information or cure a nonresponsive proposal. Any partial or separate award shall be made in accordance with the RFP and shall clearly allocate contract responsibilities.

_______ 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…