Sample RFP-1
Sample RFP-1
to bids@cityofws.org
**electronic submissions only**
Pursuant to North Carolina General Statute 143-135, sealed proposals endorsed “Managed Security Service
Provider, RFP25105” will be received by City/County Purchasing as noted above. The City reserves the right
to reject any or all proposals.
Questions or inquires relative to this RFP must be e-mailed to Jessica Ferris-Irick, City/County Purchasing
Supervisor, jessicafi@cityofws.org by 12:00 PM, October 22, 2024.
It is the policy of the City of Winston-Salem that an employee, officer, or agent of the City may not participate
in any manner in the bidding, awarding, or administering of contracts in which they, or a member of their
immediate family, their business partner, or any organization in which they serve as an officer, director, trustee,
or employee, have a financial interest.
The successful bidder must comply with all provisions of the Americans with Disabilities Act (ADA) and all
rules and regulations promulgated thereunder. By submitting a bid, the successful bidder agrees to indemnify
the City from and against all claims, suits, damages, costs, losses, and expenses in any manner arising out of, or
connected with, the failure of the Company, its subcontractors, agents, successors, assigns, officers, or employees
to comply with the provisions of the ADA or the rules and regulations promulgated thereunder.
All bids must be firm and not subject to increase, unless specified within the provisions of this Request for
Proposal (RFP) and mutually agreed upon by the City and the proposer.
No special inducements will be considered that are not a part of the original bidding document.
City Rights and Options
The City, at its sole discretion, reserves the following rights:
• To supplement, amend, substitute or otherwise modify this RFP at any time
• To cancel this RFP with or without the substitution of another RFP
• To take any action affecting this RFP, this RFP process, or the equipment subject to this RFP that would
be in the best interests of the City
• To issue additional requests for information.
Public Records
Any material submitted in response to this RFP will become a “public record” once the bidder’s document(s) is
opened and the bidder is determined to be a participant in the solicitation process and shall be subject to public
disclosure consistent with Chapter 132, North Carolina Statutes. Bidders must claim any applicable exemptions
to disclosure provided by law in their response to this RFP. Bidders must identify materials to be protected and
must state the reasons why such exclusion from public disclosure is necessary and legal. The City reserves the
right to make all final determination(s) of the applicability of North Carolina General Statutes
§ 132-1.2, Confidential Information.
Trade Secrets/Confidentiality
Bidders must claim any material that qualifies as "trade secret" information under N.C.G.S. 66-152(3) in their
response to this RFP and must state the reasons why such exclusion from public disclosure is necessary and legal.
To properly designate material as trade secret under these circumstances, each Proposer must take the following
precautions: (a) submit any trade secrets in a separate attachment marked "Trade Secret - Confidential
and Proprietary Information - Do Not Disclose Except for the Purpose of Evaluating this Proposal," and (b)
stamp each page of the trade secret materials contained in the email attachment.
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 may result in your bid being disqualified.
Familiarity with Laws and Ordinances
The submission of a bid on the services requested herein shall be considered as a representation that the bidder
is familiar with all federal, state, and local laws, ordinances, rules and regulations which affect those engaged or
employed in the provision of such services, or equipment used in the provision of such services, or which in any
way affects the conduct of the provision of such services; and no plea of misunderstanding will be considered
on account of ignorance thereof. If the bidder discovers any provisions in the RFP documents that are contrary
to or inconsistent with any law, ordinance, or regulation, it shall be reported to the City in writing immediately.
The bidder agrees that in carrying out this contract, compliance will be maintained with all applicable federal,
Right to Audit
To confirm compliance with the terms of this Agreement, the City's MWBE program, local, state, and federal
laws and regulations, the City may, at all reasonable times upon reasonable prior notice during usual business
hours, inspect, audit and examine for a period up to five (5) years after completion of the service or project
detailed in this Agreement, all accounts and books of Contractor and, where necessary, make copies of the
Contractor's documents necessary to determine compliance. Such right may be exercised through any agent or
RFP25105 Managed Security Service Provider Page 3 of 34
employee of City or by independent certified public accountants designated by the City. The Contractor shall
permit the aforementioned inspection, audit and examination, and where necessary, the City to make copies of
documents verifying compliance as indicated herein.
Nondiscrimination Ordinance
As a condition of entering into this contact, the Contractor represents and warrants that it will fully comply with
the City's Non-Discrimination Policy, as set forth in Chapter 2, Section 2-8 Entitled “Policy of
Nondiscrimination” of the Winston-Salem City Code. As part of such compliance, the Contractor shall not
discriminate on the basis of race, ethnicity, color, creed, religion, sex, sexual orientation, gender identity, gender
expression, pregnancy, veteran status, disability, age, marital status, familial status, protected hairstyle, political
affiliation or national origin in the screening of applicants, the hiring and treatment of its employees, the
provision of the goods and/or services set forth herein, or the solicitation, selection, hiring, or treatment of its
subcontractors, vendors or suppliers, (hereinafter collectively “subcontractors”), if any, in connection with this
contract or the contract solicitation process if applicable, nor shall the Contractor retaliate against any person or
entity for reporting instances of such discrimination. The Contractor shall enact employment policies consistent
with this obligation to refrain from such discrimination and shall provide evidence of such to the City within 90
calendar days of the first receipt of City funds. The Contractor shall provide equal opportunity for subcontractors
to participate in all of its subcontracting and supply opportunities, if any, under this contract, provided that
nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of
marketplace discrimination that has occurred or is occurring in the marketplace. The Contractor understands and
agrees that a violation of this clause shall be considered a material breach of this contract and may result in
termination of this contract, disqualification of the Contractor from participating in future City contracts pursuant
to Winston-Salem City Code Section 2-3 or other sanctions. Furthermore, as a condition of entering into this
contract, the Contractor agrees to: (a) promptly provide to the City in a format specified by the City all
information and documentation that may be requested by the City from time to time regarding the screening of
applicants, the hiring and treatment of its employees particularly if City funds were used in connection with
hiring and compensation process, and the solicitation, selection, treatment and payment of subcontractors, if any,
in connection with this Agreement; and (b) if requested, provide to the City within sixty days after the request a
truthful and complete list of the names of all subcontractors that the Grantee has used under this contract,
including the total dollar amount paid by the Contractor on each subcontract or supply contract. The Contractor
further agrees to fully cooperate in any investigation conducted by the City pursuant to the City’s
Nondiscrimination Policy, to provide any documents, relevant to such investigation, that are requested by the
City. The Contractor agrees to provide to the City from time to time on the City’s request, payment affidavits
detailing the amounts paid by the Contractor to subcontractors and suppliers in connection with this contract
within a certain period of time. Such affidavits shall be in the format specified by the City from time to time.
Nothing in this contract shall negate or diminish the requirements of the City’s MWBE program. Nothing in this
contract shall infringe upon any rights afforded to the Contractor by state or federal law.
This entire set of documents constitutes the RFP. The proposer must return the RFP with all information necessary
to properly analyze the proposer's response. Proposer's notes, exceptions, and comments may be rendered on an
attachment, provided the same format of this RFP text is followed.
INSURANCE
The bidder(s) will be required to show proof of insurance as outlined in the Insurance Provisions of Contract
Specifications contained herein. The City of Winston-Salem MUST be named as additional insured on the certificate
of insurance supplied to the City.
Administration
Format and Content
Proposals should respond directly to the Statement of Work. Failure to follow the prescribed format may result
in a proposal being found noncompliant and therefore deemed unacceptable for further consideration.
Responses should be descriptive and include your approach to providing the requested services. Training, travel,
licensing, and other required costs should be itemized.
Executive Summary
Each response shall include an Executive Summary that explains how the proposed solution meets the
requirements indicated in this RFP. The Executive Summary shall be structured such that anyone reading only
that section has a clear understanding of the proposed services.
The City requires that the MSSP must have an established Security Operations Center (SOC) that will provide
continuous security monitoring and incident management on a 24x7x365 basis (i.e., 7 days a week, 24 hours a
day, 365 days a year). The MSSP’s SOC will be staffed by senior level engineers to provide support, triage
incidents, and engage the appropriate personnel and/or support providers. The MSSP is required to work with
City staff to resolve any network security related problems. The City’s infrastructure consists of (three) distinct
firewall-gapped networks (Utilities, Public Safety and City IT Network) which contain approximately 450 servers
(predominantly virtual), 2000 PC endpoints, and 700 mobile tablet endpoints utilized across multiple network
segments and physical locations.
Proposed Process
Level Description
An Incident identified either by automated correlation rules or through SOC analysis
● P1 / Critical
that is deemed to be an ACTIVE threat against business impacting customer assets.
An Incident identified either by automated correlation rules or through SOC analysis
● P2 / High that is deemed to be a PROBABLE (current, possible impact) threat against business
impacting City assets.
An Incident identified either by automated correlation rules or through SOC analysis
● P3 / Medium
that is deemed to be a POTENTIAL (not current, may have future impact) threat
against business impacting City needs.
An Incident identified either by automated correlation rules or through SOC analysis
● P4 / Low that may require further investigation, with no apparent threat against business
impacting customer assets.
Please either include this fully completed and signed page with proposal OR include a signed letter on
company letterhead. Proposals are to be signed by an authorized company representative.
The following information is requested for statistical purposes only. The provision or omission of this information will
neither affect nor influence the award of these contracts. Bidder further certifies that:
Policy
It is the policy of the City of Winston-Salem and/or the City/County Utility Commission (an agency of the City
of Winston-Salem), that minority and women-owned business enterprises shall have an equal opportunity to
participate in the performance of contracts financed in whole or in part with City and/or Commission funds.
Obligation of Proposers
Proposers agree to use their best efforts to comply with all the terms and conditions of the City of Winston-
Salem’s and/or City/County Utility Commission’s Minority and Women Business Enterprise (M/WBE) Program,
as the same may be amended from time to time, through the award of subcontracts to minority and women-owned
business enterprises and utilization of minority and women-owned business enterprise suppliers to the fullest
extent consistent with the efficient performance of this contract. As used in this contract, the term “minority and
women business” shall mean a company that is 51% or more owned and controlled by minority group members
or women.
A 10% goal for participation by minority and women-owned businesses has been established for this service. A
proposer may meet this goal through the participation of M/WBE sub-consultants, through his/her own
performance on the project if the proposer is a certified minority/woman-owned firm, or through demonstrating
a good faith effort to meet the M/WBE participation goal. If it is the normal practice of the proposer to perform
all elements of this type of service with its own workforce and without the use of sub-consultants, the proposer
must certify, by the submission of Affidavit B, that if they do employ any sub-consultants during the contract,
that they will be subject to the M/WBE goals original established for this service. The utilization of M/WBE firms
accounts for 20% of the evaluation and scoring will not be allocated to proposals in which an Affidavit B is
submitted.
Firms are highly encouraged to consider any and all possibilities for M/WBE participation. A complete list of
firms certified by the State of North Carolina Office for Historically Underutilized Businesses (HUB) can be
found here: https://www.doa.nc.gov/divisions/historically-underutilized-businesses-hub (click on ‘HUB Vendor
Search’). The 10% M/WBE goal may be satisfied by an entity that qualifies as a Minority Business Enterprise
under N.C. General Statue 143-128, and that has been certified by the State of North Carolina’s Office for
Historically Underutilized Businesses and must be HUB certified at the time the proposal is submitted. If an
entity is certified as a Minority Business by a state other than North Carolina, proof of certification must
be submitted with the proposal.
During the course of the contract successful consultant will be required to submit Minority Documentation for
Contract Payments, Affidavit F, with each monthly pay application. Final payment will be withheld until the
consultant completes and submits an Affidavit of Payment to M/WBE Sub Consultants. The City, however, at
its discretion may require additional periodic reports. Final payment will be withheld until the goal percentages
for M/WBE participation, previously agreed to by the successful consultant, have been confirmed by the City
and/or Commission. For professional and other service contracts, where the consultant/bidder did not meet the
M/WBE requirements of a previous contract and failed to demonstrate a good faith effort to do so, said
consultant/bidder will receive a deduction or adjustment for non-compliance in the evaluation of any proposal/bid
submitted subsequent thereto.
• Identification of Minority Business Participation- must be submitted with your letter of interest if your
firm will employ any sub-consultants on this project;
• and Affidavit A- Listing of Good Faith Efforts- must be submitted
• and Subcontractor/Supplier Utilization Form- must be submitted listing all non-M/WBE
subcontractors and suppliers that you intend to use on this contract.
• OR Affidavit B- Intent to Perform Contract with Own Workforce- must be submitted if the proposer
intends to perform 100% of the work required for the contract without the use of sub-consultants.
Additional M/WBE Forms- To be utilized by the firm that is awarded the contract with the Owner
• Affidavit E- Minority Utilization Commitment Form
• Affidavit F- Minority Documentation for Contract Payments, M/WBE Replacement Request
Form, and the Final Affidavit of Payment to M/WBE Sub-consultants.
It is mandatory that the Identification of Minority Business Participation form and Affidavit “A” Listing of
Good Faith Efforts be properly completed and notarized as defined in the document specifications and submitted
with the Bid/Proposal (unless the prime consultant/contractor intends to perform 100% of the work with Own
Workforce and properly executes Affidavit B). If the proposer is a certified M/WBE firm and will be performing
less than 100% of the work, then the proposer should indicate the percentage/dollar amount that they will perform,
in addition to the remaining work performed by other M/WBE firms.
The Identification of Minority Business Participation form must include all M/WBE firms to be used on this
project and the total percentage of the proposal that will be performed by businesses who will be subcontractors,
vendors, or suppliers on this project. Additional information such as business phone number, work types,
city/state, and minority category are important and useful. Failure to list, at a minimum the business name and
the total percentage and/or dollar amount of firms contracting will render your proposal as non-responsive
and will not be considered for award. If the proposer has no minority participation, they shall indicate this
by entering the word “none” or the number “0.”
The Affidavit B Intent to Perform Contract with Own Workforce form must be executed with the
Proposal/Bid only if the prime consultant/contractor intends to perform 100% of the work required for the
proposal/contract without the use of sub consultants. If the prime consultant/contractor is an M/WBE firm, they
must indicate such on Affidavit B in order to receive the full 20% credit during the evaluation.
Actual participation achieved or offered shall not be determinative on the issue of good faith efforts. Further, if
other factors, other than factors (a) through (g) listed on Affidavit A, are considered, they may be used to credit
the contractor’s good faith efforts, but not to discredit them.
In accordance with the Minority Utilization Commitment Form “Affidavit E”, no sub consultant/subcontractor
who is identified and listed on Affidavit E may be replaced with a different sub consultant/subcontractor unless:
A) The sub consultant/subcontractor’s proposal/bid is later determined by the prime consultant/contractor
to be non-responsible or non-responsive, or the listed sub consultant/subcontractor refuses to enter into a contract
for the complete performance of the work, or
B) With the approval of the City of Winston-Salem M/WBE office for the good cause demonstrated. Prior
to substituting a sub consultant/subcontractor, the prime consultant/contractor shall identify the substitute sub
consultant/subcontractor and inform the City of Winston-Salem M/WBE office of its good faith efforts; including
the MWBE Replacement Request Form.
Questions or inquires relative to City of Winston-Salem’s Minority and Women Business Enterprise (M/WBE)
Program must be directed to Gwendolyn Teal, Diversity Compliance Specialist at gwendolynt@cityofws.org
or phone 336-747-7459.
(Name of Project)
I,
(Name of Consultant)
do hereby certify, as ____________________________________________(insert title and name of
company) that on this project, _______________________________(insert name of company) will use the
following M/WBE firms as consultants. A proposer may meet the 10% goal through the participation of M/WBE
sub-consultants and/or through their own performance on the project if the proposer is a certified minority and/or
woman-owned firm.
The Proposer shall identify on its proposal the M/WBE firms to be used on this project as subcontractors,
vendors, or suppliers and the total percentage of the proposal that will be performed by each minority business.
Failure to list, at a minimum, the minority firm business name and the total percentage of M/WBE firms
contracting will render your proposal as non-responsive and will not be considered for award. If the
Proposer has no minority participation, they shall indicate this on the table below by entering the word “None”
or the number “0.” Blank forms will not be deemed to represent zero participation.
*
Minority Categories: Black, African American (B), Hispanic (H), Asian American (AA), American Indian (AI),
Female (WF), Socially and Economically Disadvantaged (SE), and Disabled (D).
A 10% goal for participation by minority/women owned businesses has been established on this proposal/bid. A
proposer/bidder may meet this goal through the participation of M/WBE sub-consultants/sub-contractors, through
their own performance on the project if the proposer/bidder is a minority/woman-owned firm. Please list below
all M/WBE firms to be used on this proposal/bid.
Affidavit of
(Name of Proposer)
I hereby do certify the attached documentation as true and an accurate representation of my good faith efforts.
(Attach additional sheet if required)
Dollar
Minority Firm Name Phone Number Minority Type of
Value/ Percent
City-State Category* Work
of Work
*Minority Categories: Black, African American (B), Hispanic (H), Asian American (AA), American Indian (AI), Female
(WF), Socially and Economically Disadvantaged (SE), and Disabled (D).
If the established 10% goal for participation by minority/women owned businesses is not achieved, the
proposer/bidder must provide, with the proposal, the following documentation to the Owner of their Good
Faith Efforts to meet the goals set forth in these provisions. Examples of documentation include, but are not
limited to, the following evidence.
Awarded
Description Points
Points
(a) Did a representative of your company attend the pre-solicitation or pre-
____ bid meeting scheduled by the City to inform M/WBE firms of
contracting, subcontracting, and supply opportunities and to review
contractor requirements of complying with the program? If no pre-bid
was scheduled, did your firm submit a question in writing before the end
of questions deadline? 10
____ (b) Did your company provide written notice to a reasonable number of
specific M/WBE firms that their interest in the contract is being
solicited, at least 10 days before proposals/bids are due to allow M/WBE
firms time to participate? Please provide a copy of the solicitations for
quotes sent to at least 3 minority firms from the source list provided by
the owner for each subcontract to be let under this contract (if 3 or more
firms are shown on the source list). Each solicitation shall include a
specific description of the work to be subcontracted, location where bid
documents can be reviewed, name of representative of the prime bidder
to contact, and location, date, and time. 15
Awarded
Description Points
Points
____ (c) Did you follow up initial solicitation of interest by contacting
M/WBE firms to determine with certainty whether the M/WBE firms are
interested? Please include email/telephone log of follow up calls you
made to confirm interest. 20
____ (d) How did your company identify and select portions of the work
to be performed by M/WBE firms in order to increase the likelihood of
M/WBE participation (including where appropriate, breaking down
contracts into economically feasible units to facilitate M/WBE
participation)? Please provide a copy of documentation where this
information was included. 15
____ (e) Explain how you provided interested M/WBE firms with equal access
to specifications, plans, and requirements of the contract. 10
____ (f) What services were used from the City of Winston-Salem's M/WBE
office; available minority community organizations; minority contractors'
groups; local, state, and federal minority business assistance offices; and
other organizations that provide assistance in the recruitment and
placement of M/WBE firms? Please provide a copy of this
documentation. Note: A contractor must utilize at least two agencies
to receive full value. Each agency is worth ten points. 20
Points Total 90
NOTE: A proposer/bidder must accumulate at least 55 points to demonstrate a “Good Faith Effort”
was made. Partial points may be awarded when the complete requirement of an item is not met.
Failure to provide the documentation as listed in these provisions may result in rejection of the bid and award go
to the next lowest responsible and responsive bidder.
Signature __________________________
Title ______________________________
SEAL
List below all non-M/WBE subcontractors and suppliers that you intend to use on this contract. NOTE: you will
only receive credit for certified minority or woman-owned firms. If the Proposer has no non-M/WBE participation,
they shall indicate this on the table below by entering the word “None” or the number “0.” Blank forms will not be
deemed to represent zero participation and failure to fill in the blank will cause your bid to be deemed
nonresponsive.
AFFIDAVIT B
County of __________________________________________________
Affidavit
(Name of Firm)
I, hereby, certify that it is the intent of the aforesaid firm to perform 100% of the work required for the contract:
(Name of Project)
In making this certification, the Proposer states:
• That the proposer does not customarily subcontract elements of this type of project,
• Normally performs, has the capability to perform, and will perform all elements of the work
on this project with his/her own current work force, and
• Agrees to provide any additional information or documentation requested by the City of
Winston-Salem in support of the above statement.
The following information is requested and may be used during the proposal evaluation process.
Bidder certifies that:
We ( ) are a Historically Underutilized Business (HUB) certified by the State of North Carolina.
We ( ) are a minority business enterprise
We ( ) are not a minority business enterprise
If yes, please identify in the appropriate box below:
( ) Black
( ) Hispanic
( ) Asian American
( ) American Indian
( ) Female
( ) Socially and Economically Disadvantaged
( ) Disabled
*Minority Categories: Black, African American (B), Hispanic (H), Asian American (AA), American Indian (AI),
Female (WF), Socially and Economically Disadvantaged (SE), and Disabled (D).
In the event the Proposer does not self-perform 100% of the work, the contract will be subject to the M/WBE
goals originally established for this project, as well as, good faith efforts and documentation requirements of this
program. The utilization of M/WBE firms accounts for 20% of the evaluation and scoring and will not be allocated
to proposals in which an Affidavit B is submitted. A proposer may meet the 10% goal through the participation
of M/WBE sub consultants and/or through their own performance on the project if the proposer is a certified
minority and/or woman owned firm.
The undersigned hereby certifies that he/she has read this certification and is authorized to bind the
Proposer to the commitments herein contained.
Signature: ___________________________________
Title:_______________________________________
State of North Carolina, County of ______________ Subscribed and sworn before me,
Notary Public__________________
SEAL
Project:
Affidavit of:
(Name of Proposer)
Within thirty (30) days after award of contract, the Proposer shall file Affidavit E identifying all M/WBE
subcontractors for use on this project. No subcontractor who is identified and listed on this form may be replaced,
substituted, or supplemented; nor can their scope of work be modified to include a different subcontractor unless:
(a) Subcontractor's bid is later determined by the Proposer to be non-responsible or non-responsive, or
the listed Subcontractor refuses to enter into a contract for the complete performance of the bid
work, or
(b) With the approval of the City of Winston-Salem M/WBE Office for good cause demonstrated.
Good Faith Efforts as set forth in the Special Instructions to Proposers shall apply to the selection
of a substitute Subcontractor. Prior to substituting a Subcontractor, the Proposer shall identify the
substitute Subcontractor and inform the City of Winston-Salem M/WBE Office of its good faith
efforts.
Minority Firm Name Minority Type of Dollar
City-State
Phone Number Category* Work Value
* Minority Categories: Black, African American (B), Hispanic (H), Asian American (AA), American Indian (AI), Female
(WF), Socially and Economically Disadvantaged (SE), and Disabled (D).
Failure to provide the documentation as listed in these provisions may result in rejection of the Bid and award go
to the next lowest responsible and responsive bidder.
Signature
Title
me this day of , 20
SEAL
AFFIDAVIT “F”
Prime Consultant:
Project Name:
The following is a list of payments to be made to minority business sub-consultants on this project for the above-
mentioned period.
* Minority Categories: Black, African American (B), Hispanic (H), Asian American (AA), American Indian
(AI), Female (WF), Socially and Economically Disadvantaged (SE), and Disabled (D).
Date: Approved/Certified by
In addition to the list of payments above, I hereby
certify that no sub-consultant that was identified and
Name:
listed on Affidavit A- Minority Participation/Good
Faith Efforts Form has been replaced without Title:
approval from the City of Winston-Salem’s M/WBE
Division. Note: Additional M/WBE’s can be added
for new work only. In this case, please notify Signature
M/WBE staff.
SEAL
TO BE COMPLETED BY CITY
M/WBE SPENDING
Project: _____________________________________________________________________
It is the policy of Winston-Salem and the City/County Utility Commission (an agency of the City of Winston
Salem), that minority and women-owned business enterprises shall have an equal opportunity to participate in the
performance of contracts financed in whole or in part with the City and/or Commission funds.
In accordance with the “Minority Utilization Commitment Form-Affidavit E”, no sub-consultant who is identified
and listed on this form may be replaced with a different sub-consultant unless: A) the sub-consultant’s proposal
is later determined by the consultant to be non-responsible or non-responsive, or the listed sub-consultant refuses
to enter into a contract for the complete performance of the work, or
B) With the approval of the City of Winston-Salem’s M/WBE Division, good cause has been demonstrated. Prior
to substituting a sub-consultant, the Consultant shall identify the substitute sub-consultant and inform the City of
Winston-Salem’s M/WBE Division of its good faith efforts; including the M/WBE Replacement Request Form.
In order to meet the terms stated above, an M/WBE Replacement Request Form must be completed. Replacement
of an M/WBE without written approval from M/WBE Staff is a violation of contract provisions and may result
in the Consultant being disqualified from submitting proposals on future City and/or Commission projects.
If a committed M/WBE sub-consultant is terminated for a good cause, the Consultant shall make a Good Faith
Effort to find another M/WBE sub-consultant to substitute for the terminated M/WBE. This Good Faith Effort
shall be directed at finding another M/WBE to perform at least the same amount of work under the contract as
the M/WBE that was terminated, to the extent needed to meet the contract goal established for the project.
By signing this document, the Consultant, M/WBE, and City of Winston Salem’s M/WBE Division acknowledges
that the 5 days to respond was given and concurs with the process of replacing the named M/WBE sub-consultant.
______________________________________________________________________________
Original M/WBE Signature (where possible) Date
______________________________________________________________________________
Consultant Signature Date
______________________________________________________________________________
M/WBE Staff Signature Date
IN ADDITION TO SUBMITTING THIS FORM, THE CONSULTANT MUST ENSURE THAT THE
FOLLOWING STEPS ARE SATISFIED.
1. Prior to starting the replacement process, the consultant is responsible for coordinating with the M/WBE sub-
consultant to see if they are willing and able to perform the work as indicated in their contract. If the Consultant
notices a reoccurring issue with an M/WBE sub-consultant, the Consultant shall notify the City of Winston Salem
M/WBE staff and keep them abreast of the issues.
2. If the M/WBE sub-consultant cannot perform the work or if the Consultant shows good cause for replacement,
M/WBE staff will coordinate with the Consultant to begin the M/WBE replacement process. M/WBE staff will
coordinate with other City departments as appropriate.
(Examples of good cause include: M/WBE fails or refuses to execute a written contract; M/WBE fails or refuses
to perform the work of its subcontract consistent with normal industry standards; M/WBE fails to meet
reasonable, nondiscriminatory bond requirements; M/WBE becomes bankrupt, insolvent, or exhibits credit
unworthiness; M/WBE is ineligible to work because of suspension and debarment proceedings; M/WBE
voluntarily withdraws from the project and provides written notice; M/WBE owner dies or becomes disabled and
is unable to complete its work; or other documented good cause that compels termination. Good cause does not
exist where the Contractor terminates a committed M/WBE for failure or refusal to perform the work of the
subcontract results from bad faith or discriminatory action of the prime consultant.)
3. Before requesting the City of Winston Salem’s consent for the proposed termination/replacement of an
M/WBE, the Consultant shall give written notice of the proposed termination/replacement, including the reason
for termination/replacement, to the M/WBE firm with a copy to the City of Winston Salem M/WBE staff. The
M/WBE shall be given five days to respond unless the five-day requirement needs to be reduced, due to public
necessity (e.g. safety).
4. After the notice period has passed, M/WBE staff will ensure that the Consultant has submitted all supporting
documentation for the M/WBE replacement. Letters, phone logs, emails or any other correspondence between the
Consultant, the M/WBE sub-consultant, and/or City staff will be considered supporting documentation. This
documentation must provide valid reason(s) for replacement as well as the opportunity to correct the issue.
Consultants cannot replace for convenience or perform the work with its own forces or those of an affiliate.
5. Once the Consultant is given approval by the City of Winston Salem M/WBE staff to replace an M/WBE sub-
consultant, M/WBE staff will send notification to the City project manager and the City/County Purchasing
Department for informational purposes.
6. Signature lines on form: Ideally, the form should contain the signature of the original M/WBE sub-consultant
being replaced. However, if this is not possible (i.e., the M/WBE will not sign), the documentation supporting
the decision and acknowledgement of the reasons for replacement of the M/WBE sub-consultant should be
attached. The form shall also be signed by the replacement M/WBE to show their participation on the project
as the new committed M/WBE.
Reuse of Documents. All documents, including drawings, specifications, supporting calculations, computer
software, etc., prepared by the Contractor pursuant to this Agreement are instruments of Service with respect to this
Agreement and Contractor shall provide at least one copy of each to Commission upon Commission’s request. Upon
completion of the Services and payment in full of all monies due to the Contractor, the Commission shall receive ownership
of the documents prepared under this Agreement. The reuse of these documents by the Commission or by others authorized
by the Commission, whether in this project or any other project, entitles the Contractor to no additional compensation. The
Commission reserves the right to require the Contractor to submit copies to the Commission of any Service information and
documentation during and after the completion of the Service with the Contactor’s compensation being limited to the direct
printing and copying expense and/or direct expenses to copy and supply computer information in a digital format. The
RFP25105 Managed Security Service Provider Page 30 of 34
Contractor’s indemnity, release and warranty are limited to the use contemplated in this Agreement and Contractor shall
not be liable to the Commission or any third party for any claim arising out of the use of the Contractor’s documents apart
from this Agreement.
Notices. Any notice or other communication herein shall be in writing and shall be sent via a method permitting
confirmed receipt (such as registered U.S. mail or an overnight courier service such as FedEx). All notices shall be
confirmed by facsimile transmission. All notices shall be deemed given when deposited, postage prepaid, in the United
States mail, or to the overnight courier service, addressed as set forth below, or to such other address as any one party shall
advise the other in writing:
If to the Commission: If to the Contractor:
Name: Name:
Position: Position:
Address: Address:
City/State/Zip: City/State/Zip:
Severability. If any provision of this Agreement is held to be void, invalid, illegal or unenforceable under any law
or regulation, such void, invalid, illegal, or unenforceable provision shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon the Commission and the Contractor and this Agreement shall be considered as
if such void, invalid, illegal, or unenforceable provision had never been including herein.
Entire Agreement. This Agreement represents the entire understanding and agreement between the parties hereto
relating to the Services and supersedes any and all prior negotiations, discussions, and agreement, whether written or oral,
between the parties regarding same. Headings within the Agreement are for convenience only and do not define, limit or
construe the contents of such sections.
Amendment or Modification. With the exception of a properly executed purchase order(s) which the parties agree
shall become a self-executing amendment(s) hereto, this Agreement shall not be modified except by another written
document signed and executed by the Commission and the Contractor.
Waiver. Failure or delay on the part of the Commission to exercise any right, remedy, power, or privilege hereunder
shall not operate as a waiver of any current or future default. Further, a waiver of one provision of this Agreement is not a
waiver of all or future provisions of this Agreement.
Safety Rules. Contractor hereby acknowledges that it has reviewed and agrees to abide by the City’s “Safety and
Environmental Requirements for Contractors” located on the Employee Safety page of the City’s website whose specific
address is: https://www.Cityofws.org/767/Employee-Safety.
Ethics Policy. The Contractor hereby acknowledges that it has reviewed and agrees to abide by the City’s Ethics
Policy located on the Procurement Guidelines page of the City’s website whose specific address is
https://www.Cityofws.org/820/Procurement-Guidelines.
ADA, OSHA and Equal Opportunity. The Contractor shall comply with the applicable provisions of the
Americans with Disabilities Act (ADA), the State of North Carolina Occupational/Safety and Health Act (OSHA) and the
State and Federal Equal Opportunity Statutes, as well as all rules and regulations promulgated thereunder.
Suspension and Debarment. Contractor hereby certifies that neither it, nor its agents or subcontractors: (1) are
presently debarred, suspended, proposed for suspension or debarment from contracting by any Federal or State department
or agency, or (2) have been declared ineligible or voluntarily excluded from contracting by or with any Federal or State
department or agency. Any contract entered into with a Contractor or subcontractor that has been debarred or suspended,
declared ineligible or voluntarily excluded from contracting with or by any Federal or State department or agency may be
terminated at the sole discretion of the Commission.
E-Verify. Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General
Statutes. Further, if the Contractor utilizes a subcontractor, the Contractor shall require the subcontractor to comply with
the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.
Right to Audit. To confirm compliance with the terms of this Agreement, the City's MWBE program, local, state,
and federal laws and regulations, the Commission may, at all reasonable times upon reasonable prior notice during usual
business hours, inspect, audit and examine for a period up to five (5) years after completion of the service or project detailed
in this Agreement, all accounts and books of Contractor and, where necessary, make copies of the Contractor's documents
necessary to determine compliance. Such right may be exercised through any agent or employee of Commission or City or
by independent certified public accountants designated by the Commission. The Contractor shall permit the aforementioned
inspection, audit and examination, and where necessary, the Commission or City to make copies of documents verifying
compliance as indicated herein.
Nondiscrimination Ordinance. As a condition of entering into this contact, the Contractor represents and warrants
that it will fully comply with the City's Non-Discrimination Policy, as set forth in Chapter 2, Section 2-8 Entitled “Policy
of Nondiscrimination” of the Winston-Salem City Code. As part of such compliance, the Contractor shall not discriminate
on the basis of race, ethnicity, color, creed, religion, sex, sexual orientation, gender identity, gender expression, pregnancy,
veteran status, disability, age, marital status, familial status, protected hairstyle, political affiliation or national origin in the
screening of applicants, the hiring and treatment of its employees, the provision of the goods and/or services set forth herein,
or the solicitation, selection, hiring, or treatment of its subcontractors, vendors or suppliers, (hereinafter collectively
“subcontractors”), if any, in connection with this contract or the contract solicitation process if applicable, nor shall the
Contractor retaliate against any person or entity for reporting instances of such discrimination. The Contractor shall enact
employment policies consistent with this obligation to refrain from such discrimination and shall provide evidence of such
to the Commission within 90 calendar days of the first receipt of Commission funds. The Contractor shall provide equal
opportunity for subcontractors to participate in all of its subcontracting and supply opportunities, if any, under this contract,
provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of
marketplace discrimination that has occurred or is occurring in the marketplace. The Contractor understands and agrees that
a violation of this clause shall be considered a material breach of this contract and may result in termination of this contract,
disqualification of the Contractor from participating in future Commission contracts pursuant to Winston-Salem City Code
Section 2-3 or other sanctions. Furthermore, as a condition of entering into this contract, the Contractor agrees to: (a)
promptly provide to the Commission in a format specified by the Commission all information and documentation that may
be requested by the Commission from time to time regarding the screening of applicants, the hiring and treatment of its
employees particularly if Commission funds were used in connection with hiring and compensation process, and the
solicitation, selection, treatment and payment of subcontractors, if any, in connection with this Agreement; and (b) if
requested, provide to the Commission within sixty days after the request a truthful and complete list of the names of all
subcontractors that the Grantee has used under this contract, including the total dollar amount paid by the Contractor on
each subcontract or supply contract. The Contractor further agrees to fully cooperate in any investigation conducted by the
Commission pursuant to the City’s Nondiscrimination Policy, to provide any documents, relevant to such investigation, that
are requested by the Commission. The Contractor agrees to provide to the Commission from time to time on the
Commission’s request, payment affidavits detailing the amounts paid by the Contractor to subcontractors and suppliers in
connection with this contract within a certain period of time. Such affidavits shall be in the format specified by the
Non-Appropriations Clause. The City’s obligations under this contract are contingent upon funds being
appropriated from which payment can be made under this contract. In the event the City of Winston-Salem does not
appropriate funds or sufficient funds for this contract in any given fiscal year, the City of Winston-Salem has the right, in
any given fiscal year, to terminate this contract without penalty or liability of any sort.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized
representatives and signed under seal on the day and the year first above written.
(seal) (seal)
City Clerk or City Manager
This instrument has been pre-audited in the manner Approved as to form and legality.
required by the Local Government Budget and Fiscal
Control Act.
If Contractor has a corporate seal, please affix the seal below, in the empty space to the right of the Contractor’s
signatory’s signature. If not, please complete the paragraph below.
ATTEST: CONTRACTOR
(seal) (seal)
Witness Signature Authorized Signature
/ /
Print Name/Title Print Name/Title
In the event that the person executing this Agreement on behalf of the Contractor is the only available officer of the
company or is an individual doing business individually or as a trade name, please have the person’s signature
notarized below.
County of __________________________________ State of ____________________________
I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she
signed the foregoing document:______________________________(names of individuals)
Exhibit A
WORKFORCE DEMOGRAPHICS
Gender Race/Ethnic Identification
African- Native-
Male Female White American Hispanic Asian American Total
0
% of
Total
Prepared by:
Name of Preparer
(Print or Type)
(Signature)
(Title)
Phone Number:
Email Address
The above demographic data is provided to reflect generally the company's efforts to achieve diversity in
the workplace in compliance with the applicable equal employment opportunity laws; however, this
information is not dispositive of such and may not be used as the basis for awarding or rejecting a bid
contract.