RFP #27-4-ITS Transportation Software Solution for DSS Re-Bid.pdf

INNOVATION AND TECHNOLOGY SERVICES

RFP #27-4-ITS

TRANSPORTATION SOFTWARE SOLUTION FOR DSS RE-BID

Date of Issue: October 26, 2026

Questions Due Date: Tuesday, November 10, 2026 at 3:00 PM EST

Proposal Due Date: Monday, November 23, 2026 at 2:00 PM EST

Direct all inquiries concerning this RFP to:

Sophia Pate

Purchasing Manager

Email: CumberlandPurchasing@cumberlandcountync.gov

Phone: 910-678-7743

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

mailto:CumberlandPurchasing@cumberlandcountync.gov

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. RESPONSE TO FUNCTIONAL REQUIREMENTS

B. CUSTOMIZATION AND FEATURE OPTIONS

C. TECHNICAL APPROACH

D. RELEVANT QUALIFICATIONS AND EXPERIENCE

E. COST PROPOSAL

F. ON-SITE/VIRTUAL DEMONSTRATIONS

G. ACCESSIBILITY COMPLIANCE

H. 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

5.6 PRICING

5.7 INVOICES

Proposal Number: RFP #27-4-ITS Transportation Software Solution for DSS Re-Bid

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: PROPOSAL SUBMITTAL CHECKLIST

ATTACHMENT C: EXECUTION OF PROPOSAL

ATTACHMENT D: CERTIFICATION OF FINANCIAL CONDITION

ATTACHMENT E: CERTIFICATION REGARDING LOBBYING

ATTACHMENT F: NONCOLLUSION AFFIDAVIT

ATTACHMENT G: CERTIFICATION REGARDING BUILD AMERICA, BUY AMERICA ACT (BABAA)

ATTACHMENT H: FEDERAL REQUIRED CONTRACT CLAUSES

1.0 PURPOSE AND BACKGROUND

Cumberland County, North Carolina (“the County”) is seeking proposals from qualified vendors to supply a cloud-based Software-as-a-Service (SaaS) Transportation System to support the Department of Social Services (DSS)

Transportation division. The purpose of this project is to replace the in-house DSS Information Systems – Sailboat with a modern, efficient, and secure platform that better supports the agency’s mission to provide reliable transportation services to eligible Medicaid customers. The existing system, which has been in operation for several years, no longer meets current operational, technological, and compliance standards. Limitations in system functionality, data integration, and reporting capabilities have created inefficiencies in scheduling, tracking, and managing transportation services, ultimately impacting service delivery and customer satisfaction.

Cumberland County Department of Social Services (DSS) Transportation division currently has nineteen (19) employees, which includes three (3) Supervisors, two (2) Processing Assistants, and fourteen (14) Transportation

Drivers. In 2024, the division provided 62,725 medical trips. In 2025, the division provided 63,840 medical trips. The division has currently seventeen (17) vehicles that are used for providing transportation for medical appointments. The vehicles are equipped with Verizon Reveal Automated Vehicle Location (AVL). The division utilizes two (2) external vendors (i.e., B&W Transporting and Pratt Transportation) when they do not have the capacity to provide the transportation service themselves. There are approximately 298,000 customer records, which will need to be migrated over. On average, the retention schedule for these records is approximately ten (10) years.

The DSS Transportation division plays a critical role in ensuring that customers who have Medicaid Direct can make it to their medical appointments. However, the current system’s aging infrastructure and fragmented processes hinder the division’s ability to respond to increasing service demands, manage costs effectively, and comply with evolving federal and state reporting requirements. Replacing the existing system will enable DSS to streamline operations through automation, enhance coordination among service providers, and improve data accuracy and transparency. The new solution will provide real-time scheduling, route optimization, and mobile access for both staff and contracted transportation providers. It will also strengthen data security and privacy, aligning with modern Information

Technology (IT) governance and accessibility standards.

This initiative supports the department’s broader goals of modernizing its technology infrastructure, improving client outcomes, and fostering accountability in service delivery. By implementing a new transportation management system, DSS will be better positioned to deliver equitable, efficient, and client-centered transportation services to the communities it serves.

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

Pursuant to Section 143-129.8 of the North Carolina General Statutes, informal proposals for a combination of purchase of goods, design, installation, training, operation, maintenance, and related services are solicited. Proposals, subject to the conditions made 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 #27-4-ITS Transportation Software Solution for

DSS Re-Bid

Cumberland County Purchasing Office

Attn: Sophia Pate

PO Box 1829

Fayetteville, NC 28302

PROPOSAL TITLE:

RFP #27-4-ITS Transportation Software Solution for

DSS Re-Bid

Cumberland County Purchasing Office

Attn: Sophia Pate

117 Dick Street

4th Floor, Room 451

Fayetteville, NC 28301

IMPORTANT NOTE: All proposals shall be physically delivered to the office address listed above on or before 2:00

PM EST, as per the clock in the Finance Department, Monday, November 23, 2026, regardless of the method of delivery. All risk of late arrival due to unanticipated delay—whether delivered by 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.

a) Submit one (1) signed, original executed proposal response and one (1) electronic copy on a flash drive. An Excel spreadsheet listing all functional requirements will be attached with this RFP and ALL worksheets within the document must be completed and submitted along with proposal both in hard copy and the excel version with the electronic copy.

b) Submit your proposal in a sealed package. 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 sealed proposal package.

c) The electronic copy of your proposal must be provided on a flash drive. 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.

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

CumberlandPurchasing@cumberlandcountync.gov will receive addendums by email.

2.3 PROPOSAL QUESTIONS

Written questions shall be emailed to CumberlandPurchasing@cumberlandcountync.gov by 3:00 PM EST, on

Tuesday, November 10, 2026. Vendors should enter “RFP #27-4-ITS Transportation Software Solution for DSS Re-bid:

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.

https://ccmunis.co.cumberland.nc.us/vss/Vendors/VBids/Default.aspx

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 Finance 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 Finance Department of its intent to designate any information in the proposal as such and received permission from the County Finance Department to do so in writing. Vendor’s notice to the County Finance 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 Finance 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 Finance Department shall be deemed to be acceptance of the County Finance Department’s statement of how it will maintain confidentiality. If the County Finance 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 https://ccmunis.co.cumberland.nc.us/vss/Vendors/default.aspx 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 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 three (3) highest-ranking vendors will be required to provide a demonstration of the proposed product that is listed within the RFP.

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. The highest-ranking vendors from this evaluation criteria will be contacted to schedule an on-site and/or virtual demonstration via the County’s WebEx platform. The award will be made based on the highest ranking after the on-site and/or virtual demonstration.

1. Response to Functional Requirements 25 points

2. Customization and Feature Options 15 points

3. Technical Approach 10 points

4. Relevant Qualifications and Experience 10 points

5. Cost Proposal 15 points

6. On-Site/Virtual Demonstrations 25 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 request clarification of information submitted.

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, North Carolina (“the County”) is seeking proposals from qualified vendors to supply a

Transportation System to support the Department of Social Services (DSS) Transportation division. The purpose of this project is to replace the in-house DSS Information Systems – Sailboat with a modern, efficient, and secure platform that better supports the agency’s mission to provide reliable transportation services to eligible Medicaid customers. The proposed system must enhance operational efficiency, improve coordination of transportation services, ensure compliance with state and federal regulations, provide a user-friendly interface for staff, transportation providers, and clients, and provide an Application Programming Interface (API). It should streamline trip scheduling, dispatching, and state/federal billing processes, offer robust reporting and data analytics capabilities, and integrate seamlessly with existing DSS and State systems to support accurate, timely, and transparent service delivery.

A. OBJECTIVES

1. Improve Access to Care

a. Reduce missed appointments due to transportation barriers such as routing.

2. Enhance Operational Efficiency

a. Streamline scheduling, dispatch, and routing through an integrated digital platform.

b. Minimize delays, downtime, and duplicate trips by optimizing trip assignments and coordination.

c. Improve data sharing between healthcare providers, payers, and transportation vendors.

3. Ensure Compliance and Safety

a. Meet or exceed all federal, state, and local regulations related to patient transport (i.e., HIPAA, ADA

Compliance, CMS, etc.).

b. Maintain proper documentation and audit trails for each trip.

4. Improve Patient Experience and Satisfaction

a. Implement feedback mechanisms to monitor service quality.

5. Strength Coordination and Communication

a. Provide transparency to patients and caregivers with real-time updates and notifications.

6. Optimize Cost Management

a. Implement a cost-effective model that ensures value for both the provider and the contracting agency.

b. Reduce administrative overhead through automation of billing, reporting, and compliance tracking.

7. Data Reporting and Analytics

a. Collect and analyze transportation metrics such as on-time performance, utilization rates, cancellations, and service quality.

b. Support data-driven decision-making and continuous improvement initiatives.

8. Scalability and Innovation

a. Ensure the system can scale to accommodate growth in service demand.

b. Encourage innovative solutions such as GPS tracking and AI-based route optimization

9. Accountability and Performance Measurement

a. Establish key performance indicators (KPIs) such as on-time performance, trip completion rate, safety incidents, and customer satisfaction.

b. Establish provisions for regular performance reporting and service-level agreement (SLA) compliance.

B. TASKS

The task list below includes the desired implementation scope:

1. System configuration and customization to support the DSS Transportation process.

2. User roles and permissions setup.

3. Security setup.

4. Interface development to include those that are listed within the requested functional requirements Excel spreadsheet.

5. Application training for County Staff.

6. System Admin training for County Innovation and Technology Services (ITS) key staff.

7. Vendor configuration review sessions.

8. Templates, forms, checklists, and workflow creation and validation sessions.

9. Data dictionaries.

10. Entity Relationship Diagrams (ERDs).

11. User Acceptance Testing (UAT).

12. Support reporting requirements.

13. Provide a test and production environment.

14. Provide an Application Programming Interfaces (APIs) reference, if available.

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. RESPONSE TO FUNCTIONAL REQUIREMENTS

The vendor’s proposal shall demonstrate how the proposed solution meets the functional requirements stated in this

RFP. An Excel spreadsheet listing all functional requirements will be attached with this RFP and ALL worksheets within the document must be completed and submitted along with proposal.

B. CUSTOMIZATION AND FEATURE OPTIONS

The vendor’s proposal shall provide all customization options and features available for the product. The vendor must annotate the additional cost amount next to the corresponding functional requirement cell, if the feature is not already built within the proposed system.

C. 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. The County has a preferred go-live date of February 1, 2027, but if you cannot meet this deadline, please provide your proposed implementation timeline.

D. RELEVANT QUALIFICATIONS AND EXPERIENCE

The vendor’s proposal shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to the County of Cumberland.

E. COST PROPOSAL

Cost shall be all inclusive, to include implementation, support, additional add-on features, and any customized features.

Proposal shall list the one-time implementation cost, cost of training, software license, and any recurring costs or fees associated (such as annual support, upgrades, etc.). Vendor shall clearly identify the cost of any monthly and/or annual fees. Vendor must exclude all sales tax from the proposal. If discount is available for prompt payment, identify terms so it may be considered in analyzing proposal.

F. ON-SITE/VIRTUAL DEMONSTRATIONS

A demonstration will be required by the highest-ranking vendors based on the evaluation criteria listed. Once proposals are received and evaluated, the department will contact those that ranked highest to schedule a date and time for a demonstration, either on-site or virtual. On-site/virtual demonstrations will be evaluated with the highest-ranking being awarded.

G. ACCESSIBILITY COMPLIANCE

To support the evaluation of accessibility compliance and conformance with applicable accessibility standards, all vendors must provide the following documentation as an attachment as part of their proposal submission:

1. A current Voluntary Product Accessibility Template (VPAT) – WCAG Edition, Version 2.5Rev (2025 Edition), completed for the proposed product or service.

2. An Accessibility Conformance Report (ACR) based on the submitted VPAT.

The submitted documentation should accurately reflect the current accessibility status of the proposed solution and include sufficient detail to support the evaluation of compliance with applicable accessibility requirements, including the Web Content Accessibility Guidelines (WCAG).

WCAG 2.1, Level AA: As a condition of payment for services rendered under this agreement, VENDOR shall comply with the U. S. Department of Justice’s Final Rule on website accessibility for state and local governments, which is Web

Content Accessibility Guidelines (WCAG) 2.1, Level AA. The applicable federal regulations for compliance with

WCAG 2.1, Level AA are found at 28 C.F.R. Part 35, Subpart H. Furthermore, if VENDOR performs any services under this agreement through a subcontractor, then VENDOR shall require the subcontractor to comply with WCAG

2.1, Level AA as well. VENDOR shall verify, by affidavit, compliance with this section upon request by county.

Failure to provide the requested documentation may affect the evaluation of the proposal.

H. 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 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 one (1) year, beginning on the date of contract award (the “Effective Date”).

The CONTRACTOR shall begin work under the Contract within five (5) business days of the Effective Date.

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

Invoicing will be based on progress payments, acceptance of deliverables, or another schedule rather than monthly.

(i.e., successful User Acceptance Testing dependent upon total cost, percentage up front, percentage mid-way through, and/or a percentage after go-live.)

a) Invoices must be submitted to the following address:

Cumberland County Innovation and Technology Services (ITS)

Attn: Lissa Jones

117 Dick Street, Suite 519

Fayetteville, NC 28301-5749

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. Whether specified explicitly or not, this contract shall incorporate inhere all applicable clauses established in 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required

Contract Clauses, attached and incorporated herein as Attachment H. To ensure compliance with all federal contract requirements, additional contract terms and conditions may be added to the final executed contract by the

County. If any applicable federal terms are modified during the contract period, such requirements shall be incorporated herein.

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. SMALL BUSINESSES: Pursuant to General Statute 143-48, the County invites and encourages participation in this procurement process by small business contractors.

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. PROTEST PROCEDURES: Any potential, or actual, vendor objecting to the award of a contract resulting from the issuance of this IFB may file a protest of the award of the contract, or any other matter relating to the process of soliciting the Bids. Such a protest must be filed in writing and contain a detailed statement of the legal and factual grounds for the protest, including copies of any relevant documents. All protests must be filed with the Cumberland

County Purchasing Department CumberlandPurchasing@cumberlandcountync.gov . The protest shall be filed no later than 3:00 PM of the tenth (10th) day after notification of award.

14. 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.

15. 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 https://ccmunis.co.cumberland.nc.us/vss/Vendors/default.aspx

ATTACHMENT B: PROPOSAL SUBMITTAL CHECKLIST

Please submit the following checklist with your proposal. This checklist is meant to help avoid recurring issues that result in proposals being marked non-responsive and therefore not considered.

Attachments C, D, E, F and G have been filled out, signed and/or notarized, as required, and submitted with the proposal response.

All tabs/worksheets (there are 6 tabs/worksheets) in the Functional Requirements Excel document have been filled out and printed with the hard copy proposal in addition to the Excel document being saved on the flash drive submitted.

All information requested to be submitted with the proposal response in Section 4.2 Vendor’s Proposal

Requirements has been submitted.

A quote has been submitted including implementation, support, cost of training, software license, additional add-on features and customized features shown separately, and any recurring costs or fees associated (to include annual support, upgrades, etc.).

No documents submitted in the proposal response are marked “confidential”, “proprietary”, “trade secret”, or in any other manner to suggest that any information submitted is confidential. If anything has been marked in this manner, the procedure stated in Section 3.1 Confidential Information was followed and the County Finance

Department was contacted prior to submitting the proposal and approved marking the item(s) confidential.

Vendor agrees to all terms and conditions stated in the RFP.

Proposal has been submitted sealed and includes a signed, original executed proposal response in hard copy and an electronic copy on a flash drive with the Functional Requirements Excel document also saved in Excel format on the flash drive.

Acknowledge Date

ATTACHMENT C: 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 D: 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]

ATTACHMENT E: CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, _______________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C.

Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official

Date

ATTACHMENT F: NONCOLLUSION AFFIDAVIT

NON-COLLUSION AFFIDAVIT State of North Carolina County of Cumberland

____________________________, being first duly sworn, deposes and says that:

l. He/She is the ___________________ of ___________________________, the proposer that has submitted the attached proposal.

2. He/She is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal.

3. Such proposal is genuine and is not a collusive or sham proposal.

4. Neither the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other proposer firm or person to submit a collusive or sham proposal in connection with the contract for which the attached proposal has been…