RFP Family Caregiver In-Home_Respite Services.pdf

NEW HANOVER COUNTY

REQUEST FOR PROPOSALS

FAMILY CAREGIVER SUPPORT PROGRAM

IN-HOME/COMMUNITY RESPITE

COUNTY COMMISSIONERS

BILL RIVENBARK, CHAIRMAN

LEANN PIERCE, VICE-CHAIRMAN

JONATHAN BARFIELD, JR.

DANE SCALISE

ROB ZAPPLE

CHRIS COUDRIET, COUNTY MANAGER

Family Caregiver Support Program Page 2 of 25

Section 1 – Advertisement

NEW HANOVER COUNTY

REQUEST FOR PROPOSALS

FAMILY CAREGIVER SUPPORT PROGRAM

IN-HOME/COMMUNITY RESPITE SERVICES

New Hanover County is now accepting proposals for Family Caregiver Support Program In- Home/Community Respite Services.

Proposals should be emailed to Andrew Zeldin, Social Worker Supervisor at azeldin@nhcgov.com by 5:00 P.M. EST, Monday, June 10, 2024. Please be sure to include “RFP Family Caregiver Support Program In-Home/Community Respite Services” in the subject line of the email.

Submitted proposals are not subject to public inspection until a contract is awarded and executed. Proposals will be evaluated, and Providers may be requested to provide additional information of their proposed services offered.

Instructions for submitting proposals including complete requirements and information are available on the County’s website at https://www.nhcgov.com/bids.aspx.

New Hanover County reserves the right to accept or reject any or all proposals and to make the award which will be most advantageous to the County.

Released: Friday, May 24, 2024 mailto:azeldin@nhcgov.com https://www.nhcgov.com/bids.aspx

Family Caregiver Support Program Page 3 of 25

Section 2 – Instructions and General Conditions

2.1 – Schedule

2.2 – Preparation of Proposals

2.2.1 Providers are instructed to submit their proposals by email to azeldin@nhcgov.com. Please be sure to include “FAMILY CAREGIVER SUPPORT PROGRAM IN-HOME/COMMUNITY RESPITE” in the subject line of the email.

2.2.2 The deadline for receipt of Proposals is Monday, June 10, 2024, by 5:00 PM EST.

Proposals not signed will be deemed nonresponsive and rejected.

2.3 – Late Proposals Proposals received after the time and date for closing will not be considered.

2.4 – Questions Questions concerning the scope of work in this Request for Proposals must be in writing (email) and directed to Andrew Zeldin, Social Worker Supervisor at azeldin@nhcgov.com . Questions must be received by Friday, May 31, 2024, at 5:00 pm. An addendum summarizing all questions and answers will be posted to the County’s website or you can be written back directly upon request.

2.5 – Communication Providers may not have communications, verbal or otherwise, concerning this RFP with any personnel or boards from New Hanover County, other than the person listed in this section, which is Andrew Zeldin, Social Worker Supervisor, email azeldin@nhcgov.com . If any vendor attempts any unauthorized communication, the bid may be rejected.

2.6 – Intent to Submit All Providers who intend to submit a proposal on this project should send an email to azeldinn@nhcgov.com including pertinent contact information. This will ensure that you receive any addenda issued for this RFP; if applicable.

Date Action Friday, May 24, 2024 by 5:00 p.m. RFP issued

Friday, May 31, 2024, by 5:00 p.m. Deadline for questions. All questions must be submitted in writing to Andrew Zeldin (azeldin@nhcgov.com )

Wednesday, June 5, 2024, by 5:00pm Questions will be answered via written addendum

Monday, June 10, 2024, 5:00 p.m. Deadline for receipt of Proposal.

mailto:azeldin@nhcgov.com mailto:azeldinn@nhcgov.com

Family Caregiver Support Program Page 4 of 25

2.7 - Cost of Preparation of Response Costs incurred by prospective Providers in the preparation of the response to this Request for Proposals are the responsibility of the Provider and will not be reimbursed by The County.

2.8 – Opening of Proposals There will be no public opening.

2.9 - Trade Secret Confidentiality Upon receipt of your proposal by New Hanover County, your proposal is considered a public record except for material which qualifies as "trade secret" under N.C. General Statute 132-1.2.

After opening, your proposal will be provided to County staff and others who participate in the evaluation process, and to members of the general public who submit public records requests.

To properly designate material as trade secret under these circumstances, each Provider must take the following precautions: (a) any trade secrets submitted by a Provider must be submitted in a separate, sealed envelope marked "Trade Secret - Confidential and Proprietary Information - Do Not Disclose Except for the Purpose of Evaluating this Proposal," and (b) the same trade secret/confidentiality designation must be stamped on each page of the trade secret materials contained in the envelope.

Do not attempt to designate your entire Proposal as a trade secret, and do not attempt to designate pricing information as a trade secret. Doing so will result in your Proposal being disqualified.

In submitting a Proposal, each Provider agrees that the County may reveal any trade secret materials contained in such response to all County staff and County officials involved in the selection process, and to any outside consultant or other third parties who assist the County in the selection process.

Furthermore, each Provider agrees to indemnify and hold harmless the County and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material, which the Provider has designated as a trade secret.

2.10- Withdrawal of Proposals Providers may withdraw or withdraw and resubmit their Proposal at any time prior to the closing time for receipt of Proposals. NO Proposal may be withdrawn after the scheduled closing time for a period of ninety (90) days.

2.11 - Equal Opportunity The non-discrimination clause contained in Section 202 (Federal) Executive Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations prescribed by the Secretary of Labor, are incorporated herein.

The Provider agrees not to discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or

Family Caregiver Support Program Page 5 of 25 applicant is qualified. The Provider agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices.

Pursuant to GS 143-48, New Hanover County encourages small, minority, physically handicapped, and women firms to submit Proposals in response to this RFP.

2.12- Indemnity The successful Provider shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by the Successful Provider hereunder, resulting from the negligence of or the willful act or omission of the Provider, his agents, employees and subcontractors.

2.13– E-Verify Pursuant to Session Law 2013-418, Contractor shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. County requires an affidavit attesting to Contractor’s compliance. Violation of the provision, unless timely cured, shall constitute a breach of contract.

2.14 – Insurance Requirements

The requirements listed below are the GENERALLY ACCEPTED insurance requirements for this class of business.

Insurance Description Minimum Limits of Insurance Required **Subject to change depending on size/location/description of work** Commercial General Liability** $1mil Ea. Occurrence; $1mil Products/Completed Operations; General Aggregate Limit shall apply separately to this project/location or the general aggregate limit shall be twice the required limit.

Abuse/Molestation Coverage $1,000,000 Each Occurrence; May be included in Commercial General Liability or Professional Liability Professional Liability $1 mil Per Loss/$3mil Aggregate; 2-yr Extended Reporting Endorsement Required if Claims-Made Form Business Auto Liability $1,000,000 Each Accident; Any Auto including Hired and Non-owned Liability Worker’s Compensation Employer’s Liability

Statutory Limits This policy must include a Waiver of Subrogation.

$500,000/$500,000/$500,000

Employee Dishonesty Coverage $100,000 Each Occurrence; May be included in another line of Insurance Coverage.

Additional Insured CG 20 26 ** New Hanover County (not the department), its officers, officials, agents and employees

2.15 - Addendum The bid package constitutes the entire set of instructions to the Provider. The County shall not be responsible for any other instructions, verbal or written, made by anyone. Any changes to the specifications will be in the form of an Addendum which will be sent to all known Providers and posted on the County’s website.

You may visit our website at https://www.nhcgov.com/bids.aspx, or email azeldin@nhcgov.com to check for the issuance of any addenda before submitting your bid.

https://www.nhcgov.com/bids.aspx

Family Caregiver Support Program Page 6 of 25

2.16 - Compliance with Bid Requirements Failure to comply with these provisions or any other provisions of the General Statutes of North Carolina will result in rejection of bid.

2.17- Successful Provider The Provider who is not currently set up as a vendor in The County’s vendor file will be required to submit a completed Vendor Application, W-9 and EFT form in order to be entered into the County’s vendor database.

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

Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C. 3141- 3148); Copeland “Anti-Kickback” Act (40 U.S.C. 3145); Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708); Clean Air Act (42 U.S.C. 7401-7671q.)

and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387); Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying Amendment (31 U.S.C. 1352); Procurement of Recovered Materials (2 C.F.R. § 200.322); and Record Retention Requirements (2CFR § 200.324). Refer to Section 4 for complete Details.

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

2.20 – Examination The Provider hereby certifies that it has carefully examined this Request for Proposal and the Provider certifies that it understands the scope of the work to be done and that the Provider has knowledge and expertise to provide the scope of the work. By signature on the response to the RFP, the Provider certifies that its proposal is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a proposal for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud, so that all proposals for the purchase will result from free, open and competitive proposing among all vendors. Further, the Provider certifies that it understands that collusive bidding/proposing is a violation of Federal law and can result in fines, prison sentences, and civil damage awards.

Family Caregiver Support Program Page 7 of 25

2.21 – Award of Contract New Hanover County reserves the right to award a contract, based on initial offers received from Providers, without discussion and without conducting further negotiations. Under such circumstance, the acceptance of a proposal by the County shall be deemed to be an acceptance of an offer and that such acceptance will be binding upon both parties. The County may also, at its sole discretion, have discussions with those Providers that it deems to fall within a competitive range. The County may enter into negotiations separately with such Providers.

Negotiations with a Provider may continue with a Provider that the County has tentatively selected to award a contract to. The County shall not be deemed to have finally selected a Provider until a contract has been successfully negotiated and signed by both parties.

2.22 – Certificate of Authority Subject to several statutory exceptions, a business entity incorporated or organized in a state other than North Carolina must obtain a certificate of authority from the North Carolina Secretary of State prior to transacting business in the State. See G.S. 55-15-01(a) (business corporations); G.S. 55A-15-01(a) (nonprofit corporations); G.S. 57D-7-01(a) (limited liability companies); G.S. 59-902(a) (limited partnerships); G.S. 59-91(a) (registered limited liability partnerships); G.S.55B-16(a) (professional corporations). When the requirement applies, the foreign entity transacting business in the State is responsible for obtaining a certificate of authority—not the domestic (i.e., North Carolina) corporations, public entities, or individuals with whom the foreign entity might contract.

2.23 – Iran Divestment Act Certification N.C.G.S. 143C-6A-5(a) requires this certification for bids or contracts with the State of North Carolina, a North Carolina local government, or any other political subdivision of the State of North Carolina. The certification is required at the following times:

• When a bid is submitted

• When a contract is entered into (if the certification was not already made when the vendor made its bid)

• When a contract is renewed or assigned

N.C.G.S. 143C-6A-5(b) requires that contractors with the State, a North Carolina local government, or any other political subdivision of the State of North Carolina must not utilize any subcontractor found on the State Treasurer’s Final Divestment List.

2.24 - Right to Reject Bids New Hanover County reserves the right to accept or reject any or all bids and to make the award which will be most advantageous to the County.

https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.net_EnactedLegislation_Statutes_PDF_ByArticle_Chapter-5F55_Article-5F15.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=0L6aEJHvt1Mmr8yTlz-TxDjRZja01_KHZmlT9pmmLws&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_HTML_ByChapter_Chapter-5F55A.html&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=RNUUpeVwpkei54-kxabLRVS6ybAAhQVU0ZP7l_Zxi6k&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.net_EnactedLegislation_Statutes_PDF_ByArticle_Chapter-5F57D_Article-5F7.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=Ij7DMyPb9V1kpcHf2UNSKBvk3wJRxHciohPTDZ-9cwM&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_PDF_BySection_Chapter-5F59_GS-5F59-2D902.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=IR00bHzPYGidZDB0G7mvptrGglDO1y9xb2JpE02-zUs&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_PDF_BySection_Chapter-5F59_GS-5F59-2D91.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=yKgp8Iy2gmgOepqKqQzA_pIpSEqH_YBEhdjv11N6f_c&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_HTML_ByChapter_Chapter-5F55B.html&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=yJeplm7yprSWyIJr8R3Ka31547aJlYpsQA60mHNyo9k&e=

Family Caregiver Support Program Page 8 of 25

Section 3 – Scope of Services

Respite Care: Respite Care is considered temporary, substitute support or living arrangements to provide a brief period of relief to caregivers on an intermittent, occasional, or emergency basis.

This service is intended to sustain the efforts of families and other informal caregivers and is limited to a $1,500 maximum per caregiver for the grant time period to allow the grantee to assist as many caregivers as possible with the funding.

This grant is intended to sustain the efforts of families and other informal caregivers of older adults (60+) or individuals with Alzheimer’s disease and related disorders with neurological and organic brain dysfunction and grandparents or older individual (55 years of age or above) who is a relative caregiver of a child 18 years old or younger or who is an individual with a disability by providing supportive services. The objective is to relieve the caregivers of stress, keep older adults in their homes for as long as possible and/or assist older relative caregivers in rearing their relative child. The services covered under the grant are intended for caregivers not receiving any other assistance and will only be a bridging mechanism until consistent services are available.

Scope of Work In-Home Respite- In-home respite provides a break from care in the family's own home. Hours are set up individually with the respite worker. Providers should be able to provide overnight and weekend care if requested by caregiver. Services include the following:

PERSONAL CARE

Bathing/Grooming

• Shower,

• Sponge Bath (bed or tub),

• Brush Teeth, Shampoo,

• Comb/Brush/Groom Hair,

• Clean and File Fingernails,

• Electric Shave,

• Perineal Care,

• Dressing and Clothing.

Elimination

• Assist to Bathroom,

• Assist with Bedpan/Urinal,

• Assist with Commode,

• Nighttime Toileting,

• Adult Brief Changes,

• Empty Catheter Drainage Bag, Family Caregiver Support Program Page 9 of 25

• Assist with Established Ostomy,

• Record/Report Urine Output,

• Record/Report Bowel Function

Support and Encourage

• Ambulation,

• Transfers, Eating/Feeding,

• General Preventative Skin Care,

• Turning,

• Repositioning,

• Skin Protection,

• Active Range-o-Motion Support,

• Self-Administered Medication Reminders

HOMEMAKING

Light Housekeeping Services

• Meal Planning and Preparation for Client with Related Clean-up,

• Empty Kitchen and Bathroom Trash,

• Wipe up Kitchen Floor, Counters, and Appliances,

• Wipe Bathroom Sink, Tub, and Toilet,

• Sweep Floor,

• Make Client’s Bed,

• Change Bed Linens,

• Client’s Personal Laundry,

• Dusting and Vacuuming,

• Water Plants.

COMPANIONSHIP

• Reading,

• Light Correspondence,

• Independent Support Following Rehabilitation or Hospitalization,

• Orientation prompts and Reminders,

• Walks,

• Conversation Activities,

• Helping Arrange Photos/Scrapbooks,

• Safety Supervision,

• Incidental Transportation.

Family Caregiver Support Program Page 10 of 25

Compensation: Providers must meet the reporting requirements of the NC Division of Aging and Adult Services and the Cape Fear Area Agency on Aging Family Caregiver Support Program.

Payments will be made monthly upon request for reimbursement through ARMS by Grantee.

Reimbursement forms will be due monthly to the New Hanover County Senior Resource Center and must be received no later than the 7th of each month in order to be considered for payment at the end of that month. These forms should reflect the amount of funds requested through the ARMS system each month.

Payment of funds will be based upon the Aging Resource Management System (ARMS) Provider Reimbursement Report (ZGA370-12). The Cape Fear Council of Governments will forward payment of the approved budget expenditure at the end of each month.

Documentation of Expenses: Grantee/Provider shall maintain full and complete documentation of all expenses associated with performing the scope of work under this contract. Documentation in the form of time sheets or some other verification (prior approval required) that services were rendered shall be kept in each client file. Grantee shall maintain all financial and program records for a period of three (3) years from the date of final payment under this agreement. Grantee shall maintain records on each caregiver served including: Family Caregiver In-take Form (DAAS 101), Consumer Contributions Provider Assurance form (signed and dated) and Client/Patient Rights form (signed and dated) and a confidentiality form (signed and dated). Provider is subject to monthly monitoring at the request of Grantee.

SUBMISSION REQUIREMENTS

1. Submit your proposal via email to azeldin@nhcgov.com. Please sure to include “FAMILY CAREGIVER SUPPORT PROGRAM IN-HOME/COMMUNITY RESPITE” in the subject line of the email.

Please be advised that the person signing the proposal must be authorized by your organization to contractually bind your firm with regard to prices and related contractual obligations.

2. Proposals, at a minimum, must include:

a. Detailed pricing for proposed services and whether or not the Provider has the ability to provide weekend and overnight care.

b. Number of clients that can be served per week

c. Number of Provider’s staff who will be assigned to each service; include the number of projected weekly hours (note any minimum hourly requirements), level of experience of staff, and any training that is provided on an annual basis

d. Information regarding Provider’s ability to determine client eligibility

e. Detailed plan of how services will be coordinated and delivered

Family Caregiver Support Program Page 11 of 25

f. Provide information regarding any software used to manage your client database

g. Evidence of current insurance

h. Provider’s Legal Name/Address; Primary Contact’s Name/Title/Address/Phone/Email address; Name and Title of Company Representative who is authorized to sign contract

Family Caregiver Support Program Page 12 of 25

Section 4 – Federal Uniform Guidelines Provisions

1. Compliance with Federal Law. If applicable, all federally funded projects, loans, grants, and sub grants whether funded in part or wholly, must be procured in a manner that conforms with all applicable Federal laws, policies, and standards, including those under the Uniform Guidance (2 C.F.R. Part 200).

2. Equal Opportunity.

2.1 During the performance of this contract, Provider will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Provider will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin.

Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2.2 Provider will, in all solicitations or advertisements for employees placed by or on behalf of Provider, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

2.3 Provider will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Provider's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

Family Caregiver Support Program Page 13 of 25

2.4 Provider will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the

Secretary of Labor.

2.5 Provider will furnish all information and reports required by

Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

2.6 In the event of Provider's non-compliance with the

nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and Provider may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of

September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

2.7 Provider will include the provisions of this section in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order

11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. Provider will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance:

Provided, however, that in the event Provider becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, Provider may request the United States to enter into such litigation to protect the interests of the United States.

Family Caregiver Support Program Page 14 of 25

3. Provider shall comply with the following additional federal provisions:

3.1. Davis Bacon Act and Copeland Anti-Kickback Act.

3.1.1 Provider and its subcontractors agree to comply with the

Copeland “Anti-Kickback” Act (18 U.S.C. 874; 40 U.S.C. § 3145) as supplemented in Department of Labor regulations (29 C.F.R. Part 3). The Copeland Anti-Kickback

Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA.

3.2 Provider shall comply with the Davis-Bacon Act (40

U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix II, ¶ D. In accordance with the statute, Provider must be pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Provider must be pay wages not less than once a week.

3.3 A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

4. Contract Work Hours and Safety Standards Act

4..1 Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of forty hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty hours in the work week.

Family Caregiver Support Program Page 15 of 25

4.2 Overtime: No contractor or subcontractors contracting for any part of the work under this Agreement which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such work week.

4.3 Violation: liability for unpaid wages; liquidated

damages: In the event of any violation of the provisions of this section, Provider and any subcontractors responsible therefore shall be liable to any affected employee for his unpaid wages. In additions, such contractor and subcontractors shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of this Agreement in the sum of $10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of eight hours or in excess of his standard work week of forty hours without payment of the overtime wages required by this Agreement.

4.4 Withholding for unpaid wages and liquidated

damages: County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by Provider or its subcontractors under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractors for unpaid wages and liquidated damages as provided in the clause set for in this Agreement.

Family Caregiver Support Program Page 16 of 25

4.5 Subcontracts: Provider or its subcontractors

shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this

Agreement.

5. Patent Rights: If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, County and Provider agree to take actions necessary to provide immediate notice and a detailed report to FEMA. Unless the Government later makes a contrary determination in writing, irrespective of Provider’s status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), County and Provider agree to take the necessary actions to provide, through

FEMA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, “Rights to Inventions Made by

Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 CFR, Part

401. Provider agrees to include the above two paragraphs in each third-party subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FEMA.

6. Clean Water Act and Federal Water Pollution Control Act:

6.1 Provider agrees to comply with all applicable

standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

6.2 Provider agrees to report each violation to the

Family Caregiver Support Program Page 17 of 25

County and understands and agrees that the County will, in turn, report each violation as required to assure notification to Federal Emergency Management

Agency, and the appropriate Environmental Protection Agency Regional Office.

6.3 Provider agrees to comply with all applicable

standards, orders or regulations issued pursuant to the Federal Water Pollution

Control Act, as amended, 33 U.S.C. 1251 et seq.

6.4 Provider agrees to report each violation to the

County and understands and agrees that the County will, in turn, report each violation as required to assure notification to Federal Emergency Management

Agency, and the appropriate Environmental Protection Agency Regional Office.

6.5 Provider agrees to include these requirements

in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

6.6 Provider agrees to comply with all applicable

standards, orders or regulations issued pursuant to the Federal Water Pollution

Control Act, as amended, 33 U.S.C. 1251 et seq. and shall report each violation to

County and understands and agrees that County will, in turn, report each violation as required to assure notification to an appropriate Federal Emergency

Management Agency, and an appropriate Environmental Protection Agency

Regional Office.

6.7 Provider agrees to include these requirements

in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

7. Suspension and Debarment.

7.1 This Agreement is a covered transaction for

purposes of 2

Family Caregiver Support Program Page 18 of 25

C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Provider is required to verify that none of Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates

(defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

7.2 Provider must comply with 2 C.F.R. pt. 180, subpart

C and 2

C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

7.3 This certification is a material

representation of fact relied upon by County. If it is later determined that

Provider did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

7.4 Provider agrees to comply with the

requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Provider or Provider further agrees to include a provision requiring such compliance in its lower tier covered transactions.

8. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352

(as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection

Family Caregiver Support Program Page 19 of 25 with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

9. Procurement of Recovered Materials.

9.1 A non-Federal entity that is a state agency or

agency of a political subdivision of a state and its contractors must comply with

Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. §

6962). See 2 C.F.R. Part 200, Appendix II, ¶ J; 2

C.F.R. § 200.322; PDAT Supplement, Chapter V, ¶ 7.

9.2 The requirements of Section 6002 include

procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000;

procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

9.3 In the performance of this contract, Provider

shall make maximum use of products containing recovered materials that are

EPA-designated items unless the product cannot be acquired:

i. Competitively within a timeframe providing for compliance with the contract performance schedule;

ii. Meeting contract performance requirements; or

iii. At a reasonable price.

Family Caregiver Support Program Page 20 of 25

Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines website, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

10. Access to Records. The following access to records requirements applies to this contract:

10.1 Provider agrees to provide County, the FEMA

Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of Provider which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

10.2 Provider agrees to permit any of the

foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

10.3 Provider agrees to provide the FEMA

Administrator or his authorized representative(s) access to construction or other work sites pertaining to the work being completed under this Agreement.

10.4 Provider shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

10.5. Provider will comply will all applicable

federal law, regulations, executive orders, FEMA policies, procedures, and directives.

10.6. The Federal Government is not a party to this

contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

10.7. Provider acknowledges that 31 U.S.C.

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

Family Caregiver Support Program Page 21 of 25

Chap. 38 (Administrative Remedies for False Claims and Statements) applies to

Provider's actions pertaining to this bid.

Family Caregiver Support Program Page 22 of 25

ATTACHMENT A

E-VERIFY

STATE OF NORTH CAROLINA

COUNTY OF ___________________________

AFFIDAVIT OF COMPLIANCE WITH N.C. E-VERIFY STATUTES

(To be submitted with all bids)

I, _____________________________ (hereinafter the “Affiant”), duly authorized by and on behalf of _____________________________ (hereinafter the “Employer”) after being first duly sworn deposes and says as follows:

1. I am the ______________________ (President, Manager, CEO, etc.) of the Employer and possess the full authority to speak for and on behalf of the Employer identified above.

2. Employer understands that “E-Verify” means the federal E-Verify program operated by the United States Dept. of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law.

3. Employer employs 25 or more employees and is in compliance with the provisions of N.C.

General Statute §64-26. Employer has verified the work authorization of its employees through E-Verify and shall retain the records of verification for a period of at least one year.

Employer employs fewer than 25 Employees and is therefore not subject to the provisions of N.C. General Statute §64-26.

4. All subcontractors engaged by or to be engaged by Employer have or will have likewise complied with the provisions of N.C. General Statute §64-26.

5. Employer shall keep the State of North Carolina informed of any change in its status pursuant to

Article 2 of Chapter 64 of the North Carolina Statutes.

This _____day of _______________, 20____.

Signature of Affiant

Printed Name and Title

State of County of

Subscribed and sworn to before me this day of , 20 .

Notary Public

(SEAL)

My Appointment Expires

Family Caregiver Support Program Page 23 of 25

ATTACHMENT B

CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

INELIGIBILITY and VOLUNTARY EXCLUSION

LOWER TIER COVERED TRANSACTION

(To be submitted with all bids)

(1) The prospective lower tier participant (Provider/Contractor) certifies, by submission of this bid or proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) The prospective Provider/Contractor also certifies by submission of this bid or proposal that all subcontractors and suppliers (this requirement flows down to all subcontracts at all levels) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(3) Where the prospective lower tier participant (Provider/Contractor) is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid or proposal.

The lower tier participant (Provider/Contractor), , certifies or affirms the truthfulness and accuracy of this statement of its certification and disclosure, if any.

SIGNATURE

TITLE

COMPANY

DATE

State of

County of

Subscribed and sworn to before me this day of , 20

Notary Public

My Appointment Expires

Family Caregiver Support Program Page 24 of 25

ATTACHMENT C

Minority & Women Business Enterprise (MWBE) Program

FORM

A. Authorized Representative

I HEREBY AFFIRM THAT:

I am [name] ___________________________________, [title] ________________________, and the duly authorized representative of [Business Name] ____________________________ and that I possess the legal authority to make this statement on behalf of myself and the Business for which I am acting.

B. Affirmation Regarding MWBEB Program Acknowledgement and Compliance

I FURTHER AFFIRM THAT:

I am aware of and intend to comply with the County’s MWBE Program. As such [check one]:

_____ The Business is certified as a woman- or minority-owned business by an accepted agency. (Attach proof certification)

_____ The Business is a woman- or minority-owned business but has not been certified by an accepted agency. (Attach document of ownership such as articles of incorporation, current business license, K-1 of the most recent business tax return.)

_____ The Business is not a woman- or minority-owned business; however, the bidder acknowledges the MWBE policy and if it should become necessary to subcontract some portion of the work at a later date or obtain materials or services in conjunction with this solicitation, the bidder will institute good faith efforts to comply with all requirements of the

MWBE program in providing equal opportunities to MWBEs.

Family Caregiver Support Program Page 25 of 25

ATTACHMENT D

IRAN DIVESTMENT CERTIFICATION

(To be submitted with the RFP)

RFP Number:

Name of Provider:

IRAN DIVESTMENT ACT CERTIFICATION

REQUIRED BY N.C.G.S. 147-86.55 et. seq.

As of the date listed below, the Contractor listed above or any of its subcontractors are not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 147-86.58.

The undersigned hereby certifies that he or she is authorized by the Contractor listed above to make the foregoing statement.

Signature Date

Printed Name

Notes to persons signing this form:

N.C.G.S. 147-86.59 requires this certification for bids or contracts with the State of North Carolina, a North Carolina local government, or any other political subdivision of the State of North Carolina.

The certification is required at the following times:

• When a bid is submitted

• When a contract is entered into (if the certification was not already made when the vendor made its bid)

• When a contract is renewed or assigned

N.C.G.S. 147-86.60 requires that contractors with the State, a North Carolina local government, or any other political subdivision of the State of North Carolina must not utilize any subcontractor found on the State Treasurer’s Final Divestment List.

http://www.nctreasurer.com/Iran

Section 4 – Federal Uniform Guidelines Provisions