0 CARTERET COUNTY BOARD OF COMMISSIONERS REGULAR SESSION COMMISSIONERS BOARDROOM JUNE 2, 2025 6:00 P.M. I. Meeting Called to Order/Pledge of Alleglance/nyocation Chairman II. Conflict of Interest/Cell Phone Statement Chairman III. Adoption of Agenda Board Board IV. Consent Agenda 1. Approval to Renew the Workers' Compensation, Property, and Liability Insurance through the NC Association of County Commissioners for Fiscal Year 2026 2. Approval to Appoint Brooke Toler as the Interim Tax Administrator 3. Approval of a One-Year Contract with Barnhill Contracting Company to Provide On-Call Asphalt Paving and Related Services, Not-to-Exceed $500,000 4. Approval of the Contract Renewal with Trinity Food Service to Provide Meals for the Inmate Population in County Detention 5. Approval of the Morehead City Fire/EMS and Newport Fire/EMS Contracts V. Public Hearing to Receive Public Comment on the Sharon Griffin & Fiscal Year 2025-2026 County Government Budget Dee Meshaw VI. Continued Budget Discussion Board VII. Adjournment CARTERET COUNTY Board of Commissioners Regular Item 1. Meeting Date: 2-Jun-25 Presenter: CARTERET COUNTY Chairman Chadwick NORTHC 122 CAROLIF JMA ITEM TO BE CONSIDERED Title: Meeting Called to Order/Pledge of Allegiance/nvocation Brief Summary: Chairman Chadwick will call the Meeting to Order Recite the Pledge of Allegiance Chairman Chadwick will ask for the invocation If the Board of Commissioners approves of the agenda item as presented, the following motion(s) is (are) suggested: BACKGROUND Originating Department Attachments: County Manager's Office 1 NIA 2 3 Staff Contact: 4 5 REVIEWED BY County Manager County Attorney Clerk to the Board ACM/Finance Director CARTERET COUNTY Board of Commissioners Regular Item II. Meeting Date: 2-Jun-25 Presenter: Chairman Chadwick CARTERETO NORTHO CAROLINA COUNTY 12 ITEM TO BE CONSIDERED Title: Conflict of Interest/Cell Phone Statement Brief Summary: The Chairman will call for any Conflicts of Interest, based on the following statement: "In accordance with the State Government Ethics Act, it is the duty of every Board Member to avoid both conflicts of interest and appearances of conflict. Does any Board Member have a known conflict of interest or appearance of conflict with respect to any matter coming before the Board this evening? If sO, please identify the conflict and refrain from any undue participation in the particular matter involved." " The Chairman will remind everyone to turn off their cell phones If the Board of Commissioners approves of the agenda item as presented, the following motion(s) is (are) suggested: If Commissioners have a conflict of interest with any agenda item, they will make it known at this time. If so, the Board will need to vote to allow a Commissioner to recuse himself from voting on a particular matter. BACKGROUND Originating Department Attachments: 1 N/A 2 3 Staff Contact: 4 5 REVIEWED BY County Manager County Attorney Clerk to the Board ACM/Finance Director CARTERET COUNTY Board of Commissioners Regular Item III. Meeting Date: 2-Jun-25 Presenter: CARTERETC COUNTY Chairman Chadwick NORTHO 1722 CAROLNA ITEM TO BE CONSIDERED Title: Adoption of the Agenda Brief Summary: The Chairman will call for a motion to adopt the agenda as presented (or amended). If the Board of Commissioners approves of the agenda item as presented, the following motion(s) is (are) suggested: Motion to adopt the agenda as presented (or amended). BACKGROUND Originating Department Attachments: 1 N/A 2 3 Staff Contact: 4 5 REVIEWED BY County Manager County Attorney Clerk to the Board ACM/Finance Director CARTERET COUNTY Regular Board of Commissioners Item IV. Meeting Date: 2-Jun-25 Presenter: CARTERET COUNTY Chairman Chadwick NORTHO 1722 CAROUNA ITEM TO BE CONSIDERED Title: Consent Agenda Brief Summary: See attached consent agenda items. If the Board of Commissioners approves of the agenda item as presented, the following motion(s) is (are) suggested: Motion to approve the consent agenda as presented (or amended). BACKGROUND Originating Department Attachments: County Manager's Office 1 Various Consent Agenda Items 2 3 Staff Contact: 4 Lori Roberson Turner 5 REVIEWED BY County Manager X County Attorney Clerk to the Board X ACM/Finance Director X IV. Consent Agenda 1. Approval to Renew the Workers' Compensation, Property, and Liability Insurance through the NC Association of County Commissioners for Fiscal Year 2026 CARTERET COUNTY FINANCE Denise H. Meshaw, CPA Tel: (252) 728-8410 Deputy County Manager Fax: (252) 728-0133 Finance Department em@careretounypnegor ww.caneretcounvynegor 4 CARO To: Board of Commissioners From: Dee Meshaw, Deputy County Manager Date: June 2, 2025 Subject: Workers' Compensation, Property and Liability Insurance For your consideration is a request to renew Workers' Compensation, property and liability insurance coverage with NC Association of County Commissioners for fiscal year 2026. The annual insurance premiums are $1,319,070, with $44,030 in Workers' Compensation premiums and $975,040 in property and liability premiums. This is a 10% increase from FY25. The funding is included in the FY26 recommended budget. Staff recommends renewing our insurance with NC Association of County Commissioners, and authorizing the county manager to sign the renewal with NCACC. This will be effective July 1, 2025 through June 30, 2026. Carteret County Finance e 210 Turner Street . Beaufort, North Carolina 28516-1898 IV. Consent Agenda 2. Approval to Appoint Brooke Toler as the Interim Tax Administrator County Manager/County Board of Commissioners Attorney Chris Chadwick, Chair Sharon D. Griffin Mark Mansfield, Vice-Chair Chimer Clark Keith Moore Clerk to the Board David Quinn Lori R. Turner Chuck Shinn Marianne Waldrop N CARD V Date: May 22, 2025 To: Carteret County Board of Commissioners From: Sharon Griffin, County Manager Re: Appointment of Interim Tax Administrator Brooke Toler is currently serving as the County's appointed Tax Collector, serving in the role since October 2024. The County's Interim Tax Assessor has resigned to pursue a new career opportunity. Ms. Toler has done well in the Tax Collector role and has been identified to take on the Interim Tax Assessor role until the position is permanently filled. Since the Tax Administrator serves in a dual role as the Tax Collector and Tax Assessor, the recommendation is to appoint Brooke Toler as the Interim Tax Administrator. For these additional duties, we respectfully request an interim salary stipend for Ms. Toler. The Board of Commissioners and County staff continue interviewing candidates for a suitable Tax Administrator. Due to the Tax Administrator being appointed by the County Board ofCommissioners, any change in status of this position would need to be approved by the Board of Commissioners. Requested Action: The Board of Commissioners is respectfully requested to appoint Brooke Toler as the Interim Tax Administrator until a permanent Tax Administrator can be found, along with a salary adjustment to compensate for these additional duties. Carteret County Courthouse e 302 Courthouse Square . Beaufort, NC 28516-1898 wwwcarteretcounynegow IV. Consent Agenda 3. Approval of a One-Year Contract with Barnhill Contracting Company to Provide On-Call Asphalt Paving and Related Services, Not-to-Exceed $500,000 Matt Reynal 3820 Bridges Street, Suite B Assistant County Manager Morehead City, NC 28557 itigagetroupuesn Bus: 252-515-3456 CARO MEMORANDUM Date: June 2, 2025 To: Carteret County Board of Commissioners From: Matt Reynal, Assistant County Manager Cc: Sharon Griffin, County Manager / County Attorney Re: Award of RFB 25-0409 On-call Paving Contract to Barnhill Contracting Company This is a request for the Board of Commissioners to approve a one-year contract with Barnhill Contracting Company to provide on-call asphalt paving and related services in support of various projects managed by the County, including the maintenance of County parking lots, convenience sites, and trails. The contract allows the County to renew it upon mutual agreement with the vendor up to four (4) additional twelve-month periods. Annual expenditures with this contract are expected to be less than $400,000 (will not exceed $500,000) with existing funding available in participating departments. The structure of this contract allows County staff to develop a scope of work specific to each project or site with the vendor based on their submitted rates in lieu of bidding each project individually. Barnhill was the only respondent to the RFB, so staff compared their proposed rates with similar contracts held by other localities and Barnhill's rates are comparable. Carteret County Courthouse -302 Courthouse Square . Beaufort, North Carolina 28516 AGREEMENT FOR SERVICES THIS AGREEMENT FOR SERVICES ("Agreement) is made this [1] day of [JULYI, [2025] (the "Effective Date"), by and between the County of Carteret, a North Carolina municipal corporation (the "County"), and [BARNHILL/1, a(n) [STATE OF NORTH CAROLINAJ ICORPORATIONI2 ("Service Provider"). The County and Service Provider are at times collectively referred to hereinafter as the "Parties" or individually as a "Party". WHEREAS, the County desires to engage Service Provider to provide the services described on Exhibit A attached hereto, together with an additional service reasonably implied ard inferred therefrom or customarily provide in the performance of services of the nature to be provided by Service Provider pursuant hereto (the "Service"); and WHEREAS, Service Provider desires to render the service in accordance with this Agreement, and has the experience, staff, and resources to perform such Service. NOW THEREFORE, the County and Service Provider, inconsideration of their mutual covenants and other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, hereby agree as follows: SECTION I. ENGAGEMENT OF SERVICE PROVIDER A. Engagement- Service Provider: shall perform the Service and the County shall pay Service Provider for the Performance of such Service as set forth herein: B. Independent Contractors- The relationship between the Parties shall be that of independent contractors. Without limiting the generality of the foregoing; the Parties acknowledge and agree that Service Provider, its employees, subcontractors, and suppliers are not individually or collectively to be deemed an employee or employees of the County under any circumstances. Furthermore, nothing in this agreement shall under any circumstances be construed to make the County and Service Provider joint venturers, partners, or parties to similar relationships with each other. SECTION I. PROVISION OF THE SERVICES 1 E.g., "Acme Consulting, Inc.", "XYZ Professional Services, LLC", "John Q. Public", etc. The Service Provider's full legal name should be used here and on the signature page, including the "Inc.", LLC" or other designation indicating the type of entity if Service Provider is an entity (e.g., "Acme Consulting, Inc." rather than "Acme Consulting"). 2 E.g., corporation, professional corporation, limited liability company, professional limited liability company, limited liability partnership, etc. Note that the legal name should give some indication regarding the type of entity-Le., "Inc." or "Corp." or "Corporation" = a corporation; "LLC" = a limited liability company; "LLP" = a limited liability partnership. If Service Provider is an individual, replace the last two bracketed placeholders in this paragraph with the following: individual resident oft the State of [SERVICE PROVIDER'S STATE OF RESIDENCE!. A. Provislon of the Services- Service Provider will provide the Services in accordance with the terms and conditions of this Agreement. B. Fees- The County will pay Service Provider for provisions of the Services consistent with the hourly rates and/or fixed amounts set forth on Exhibit A, with the total payment to Services Providers under this Agreement not to exceed $400,000. C. Additional Services- Any work required by the County but which goes beyond the scope of the services will be classified as "Additional Services. - Additional Services will be negotiated on an individual project basis and, If such negotiations are successful, will be governed by an amendment to this Agreement or a new separated agreement between the Parties. SECTION HI. RESPONSIBILITIES OF SERVICE PROVIDER AND COUNTY A. Service Provider's Responsibilities 1. Service Provider shall be responsible for the quality, technical accuracy, and the coordination of all Services (including all related deliverables (the "Deliverables")): furnished by Service Provider under this Agreement. 2. The Services shall be performed consistent with the schedule, if any, set forth on Exhibit A. If no such schedule is set forth on Exhiblt A, the Services shall be provided within a reasonable time established by the County. Service Provider agrees to provide progress reports regarding its performance of the Services in a format acceptable to the County and at intervals established by the County. The County will be entitled at all times to be promptly advised, at its request and in writing, as to the status of Services being performed by Service Provider and of the details thereof. 3. In the event there are delays on the part of the County as to the approval of any of the materials submitted by Service Provider, or if there are delays occasioned by circumstances beyond the control of Service Provider which delay the Services' completion date as specified on Exhibit A, the County may grant to Service Provider an extension of the contract time equal to the aforementioned delays, provided there are no changes in compensation or scope of services. 4. It shall be the responsibility of Service Provider to ensure at all times that sufficient contract time remains within which to complete the Services. Time is of the essence with respect to Service Provider's performance of the Services. 5. In the event that Service Provider fails to timely complete the performance of all Services in accordance with the timeframe set forth on Exhibit A, the County shall have the right to cease making any partial progress payments following expiration of such timeframe. No further payments under this Agreement will be made until a time extension is granted by the County or all Services have been completed and accepted by the County in writing. 6. Service Provider shall submit to the County such Project documentation and Deliverables as agreed to by Service Provider and the County on Exhibit A. Service Provider shall not be liable for use by the County of said Deliverables for any purpose other than those intended by the terms of this Agreement. 7. All plans, specifications, analytical tools, maps, documents, reports, and/or other Deliverables prepared or obtained under this Agreement shall be considered "works made for hire" (as defined in 17 U.S.C. $101) for the County and shall become the property of the County without restriction or limitation on their use. To the extent that any of the Deliverables do not constitute a work made for hire", Service Provider hereby irrevocably assigns, and shall cause its employees, agents, and other personnel (collectively, "Personnel) to irrevocably assign to the County, in each case without additional consideration, all right, title, and interest throughout the worid in and to the Deliverables, including all intellectual property rights therein. Service Provider shall cause its Personnel to irrevocably waive, to the extent permitted by applicable law, any and all claims such its Personnel may now or hereafter have in any jurisdiction to so-called "moral rights" or rights of droit moral with respect to the Deliverables. Upon the County's reasonable request, Service Provider shall, and shall cause its Personnel to, promptly take such further actions, including execution and delivery of all appropriate instruments of conveyance, as may be necessary to assist the County to prosecute, register, perfect, or record its rights in or to any Deliverables. 8. The general cost principles and procedures for the negotiation and administration, and the determination or allowance of costs under this Agreement shall be as set forth in the Code of Federal Regulations, Titles 23, 48, and 49 and other pertinent Federal, State, and County Regulations, as applicable, with the understanding that there is no conflict between County, State, and Federal Regulations and, in the event, there is a conflict, the more restrictive of the applicable regulations will govern. 9. Service Provider's right to reimbursement for travel costs, if any, will be addressed in the compensation provisions set forth on Exhibit A. 10. Service Provider shall comply with all applicable construction specifications and policies provided to ith by the County during Service Provider's provision of the Services. 11. Prior to provision of the Services, Service Provider shall, by written notice to the County, designate ai representative to act on behalf of Service Provider with respect to the Services to be performed hereunder (the "Designated Representative). The Designated Representative's decisions, agreements, and actions relating to the Services to be provided hereunder shall be binding upon Service Provider. If the County requests that Service Provider designate a different Designated Representative, Service Provider will do sO within five (5) calendar days of Service Provider's receipt of written notice from the County regarding such request, If Service Provider decides to change the Designated Representative, Service Provider will give written notice to the County of its new Designated Representative and the effective date of such change. 12. Prior to the commencement of Service Provider's provision of Services (a) the County will provide written notice to Service Provider of the requirement, if any, to provide payment and/or performance bonds relating to the Services, and (b) Service Provider shall provide any such bonds so required by the County in connection therewith. B. The County's Responsibilities 1. The County shall designate and fully authorize an appointed representative(s) to act on behalf of the County with respect to this Agreement. The representative's instructions, requests, and decisions on behalf of the County will be binding to all matters pertaining to this Agreement. 2. The County shall provide existing data, plans, reports, and other information known to, in possession of, or under control of the County which are relevant to the execution of the duties of Service Provider under this Agreement, and shall provide information regarding Project and task objectives, constraints, criteria, relationships, flexibility, systems, site features, and other requirements that exist as of the Effective Date or which may develop during the performance of this Agreement, and shall assist Service Provider in obtaining needed information from the County's files. 3. The County shall furnish or cause to be furnished data prepared by others, or services of others, except those data and services which are to be provided by Service Provider pursuant to Exhibit A. SECTION IV. TERM A. Duration- The term of this Agreement (the "Term") will commence on the Effective Date and will expire upon completion of Service Provider's performance of the Services, unless sooner terminated as provided herein. SECTION V. COMPENSATION. AND PAYMENT As compensation for Service Provider's performance of the Services, the County agrees to pay Service Provider at the rates and in the amounts set forth on Exhibit A and subject to the provisions of this Section V. A. Invoices 1. Submittal- Service Provider's invoices to the County for compensation for Services ("Invoices") shall be submitted on a monthly basis. Each invoice shall reference this agreement. The County shall have thirty (30) calendar days from the County's receipt of an invoice to report any concerns about the Invoice to Service Provider. Any concerns shall be promptly addressed by Service Provider to the reasonable satisfaction of the County, and Service Provider shall submit a revised invoice after the County's concerns about the invoice have been addressed. 2. Payment- Payment terms for any undisputed items are thirty (30) calendar days after the County receipts of each accurate and properly submitted invoice. 3. Required Detail- Each invoice shall be submitted to the County with detail and supporting documentation sufficient to process the invoice for payment and for proper pre-audit and post-audit thereof. 4. Dispute Items- If any items in any invoice are disputed by the County for any reason, including the lack of supporting documentation, the County shall promptly notify Service Provider of the dispute and required clarification and/or remedial action. After any dispute has been settled, Service Provider shail include the disputed items on a subsequent regularly scheduled invoice or on a special invoice for the disputed items only. B. Audit of Records- Service Provider agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to Services performed under this Agreement and to make such materials available for the County audit or inspection at the County office during the Term and for five (5) years from the date of final payment. SECTION VI. INSURANCE AND INDEMNIFICATION A. Insurance Coverage The contractor, at its own expense, shall keep in force and maintain at all times during this agreement: 1. Commercial General Liability Insurance- Commercial General Liability Insurance, issued by responsible insurance companies and in a form acceptable to the County, protecting and insuring against all the foregoing with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence for Bodily Injury and Property Damage. 2. Automobile Liability Insurance- Automobile Liability coverage shall be in the minimum amount of One Million Dollars ($1,000,000) per occurrence. 3. Workers' Compensation Coverage- Full and complete Workers' Compensation Coverage, as required by North Carolina state law, shall be provided. 4. Insurance Certificates- Contractor proposals may have generic insurance certificates inserted illustrating coverage limits available to the Contractor. Following the notice of award, the Contractor shall provide the County with certificate(s) of Insurance on all the policies of insurance and renewals thereof in a form(s) acceptable to the County. Said Commercial General Liability policy shall provide that the County be an additional named insured. The County shall be notified in writing of any reduction, cancellation or substantial change of policy or policies at least thirty (30) days prior to the effective date of said action. All insurance policies shall be issued by responsible companies who are acceptable to the County and licensed and authorized to do business under the laws of North Carolina. 5. Indemnification 1. General Indemnification- Service Provider shall defend, indemnify, and hoid harmless the County and its officers, directors, employees, agents, successors, and permitted assigns (each, an "Indemnitee") from and against all losses, damages, liabilities, deficiencies, actions, judgment, interest, awards, penalties, fines, çosts, or expenses of whatever kind, including reasonable attorneys' fees and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers (collectively, Losses") arising out of or resulting from: (a) bodily injury, death of any person, or damage to real or tangible, personal property resulting from the willful, fraudulent, or negligent acts or omissions of Service Provider or its Personnel; and (b) Service Provider's breach of any representation, warranty, or obligation of Service Provider set forth in this Agreement. 2. Intellectual Property Indemnification- Service Provider shall defend, indemnify, and hold harmless the County and its officers, directors, employees, agents, successors, and permitted assigns from and against all Losses based on a claim that any of the Services (or related Deliverables) or the County's receipt or use thereof infringes any intellectual property right of a third party; provided, however, that Service Provider shall have no obligations under this Section VI,B.2 with respect to claims to the extent arising out of: (a) any instruction, information, designs, specifications, or other materials provided by the County in writing to Service Provider; (b) use of any Deliverables in combination with any materials or equipment not supplied to the County of specified by Service Provider in writing, if the infringement would have been avoided by the use of the Deliverables not so combined; or (c) any modifications or changes made to any Deliverables by or on behalf of any person other than Service Provider or its Personnel. SECTION VII. TERMINATION A. Termination for Breach- This Agreement may be terminated by either Party upon notice to the other Party in the event of the other Party's material breach of this Agreement; provided that no termination for material breach may be effected unless the breaching Party fails to cure such breach within ten (10) calendar days following its receipt of notice of such breach from the non- breaching Party. B. Termination for Convenience. The County may terminate this Agreement at any time for its convenience upon notice to Service Provider. Ifthis Agreement is terminated by the County pursuant to this Section VI.B, Service Provider shall be paid for the portion of Services satisfactorily performed through the effective time of such termination. G. Post-Termination Obligations. Upon any termination effected pursuant to this Section VII, Service Provider shall (1) promptly discontinue all Services affected, and (2) deliver or otherwise make available to the County all documents, data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by Service Provider in performing this Agreement, whether completed or in process. D. County May Prosecute Services. Upon any termination effected pursuant to this Section VII, the County may take over the performance of the Services and prosecute the same to completion by agreement with a third party or otherwise. E. Survival. The rights and obligations of the Parties set forth in this Section VII. E and Section I.B, Section II.A.8, Section V, Section VI, Section VII.C, Section VII.D, Section VIII, and Section X, and any right or obligation of the Parties in this Agreement which, by its nature, should survive termination or expiration oft this Agreement, will survive any such termination or expiration of this Agreement. SECTION VIII. SERVICE PROVIDER'S REPRESENTATIONS, WARRANTIES, AND COVENANTS A. A. E-Verify. Service Provider represents, warrants, and certifies to the County that it currently complies with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, and covenants that at all times during the Term, it will continue to comply with these requirements. Service Provider also covenants that it will require that all of its subcontractors that provide any of the Services to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Service Provider's breach of its representations, warranties, and/or covenants in this Section VIII.A shall be deemed to be a material breach of this Agreement. B. Compliance with Legal Requirements. Service Provider will comply with all applicable local, state, and federal laws, regulations, ordinances, and rules relating in any way to the provision of the Services, including, without limitation, all such laws, regulations, ordinances, and rules prohibiting discrimination on the grounds of race, color, religion, sex, age, disability, national origin, or other protected classes in the performance of Services under this Agreement. C. Skill, Title, Non-Infringement, and Conformity with Specifications. In addition to thei implied warranties of merchantability and fitness for a particular purpose, which are hereby incorporated by reference with respect to the Services, Service Provider further represents and warrants to the County that: 1. it shall perform the Services using personne! of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with best industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement; 2. the County will receive good and valid title to all Deliverables, free and clear of all encumbrances and liens of any kind; 3. none of the Services, Deliverables, and the County's use thereof infringe or will infringe any intellectual property right of any third party, and, as of the date hereof, there are no pending or, to Service Provider's knowledge, threatened claims, litigation, or other proceedings pending against Service Provider by any third party based on an alleged violation of such intellectual property rights; 4. the Services and Deliverables will be in conformity in all material respects with all requirements or specifications stated in this Agreement for a period of two (2) years from full completion of the Services. D. Confidential Information. Service Provider agrees: (a) not to disclose or otherwise make available Confidential iInformation to any third party without the prior written consent of the County; provided, however, that Service Provider may disciose the Confidential Information to its Personnel and legal advisors who have a "need to know", who have been apprised of this restriction, and who are themselves bound by nondisclosure obligations at least as restrictive as those set forth in this Section; (b) to use the Confidential Information only for the purposes of performing its obligations under this Agreement; and (c) to immediately notify the County in the event it becomes aware of any loss or disclosure of any of the Confidential Information. If Service Provider becomes legally compelled to disclose any Confidential Information, Service Provider shall provide: (x) prompt written notice of such requirement so that the County may seek, at its sole cost and expense, a protective order or other remedy; and (y) reasonable assistance, at the County's sole cost and expense, in opposing such disciosure or seeking a protective order or other limitations on disclosure. If, after providing such notice and assistance as required herein, Service Provider remains required by law to disclose any Confidential Information, Service Provider shall disclose no more than that portion of the Confidential Information which, on the advice of Service Provider's legal counsel, Service Provider is legally required to disclose. As used herein, Confidential Information" means any information that is treated as confidential by the County, including but not limited to all non-public information about the County's business affairs, products or services, intellectual property rights, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether or not marked, designated, or otherwise identified as "confidential." Confidential Information shall not include information that: (a) is already known to Service Provider without restriction on use or disclosure prior to receipt of such information from the County; (b) is or becomes generally known by the public other than by breach of this Agreement by, or other wrongful act of, Service Provider; (c) is developed by Service Provider independently of, and without reference to, any Confidential Information of the County; or (d) is received by Service Provider from a third party who is not under any obligation to the County to maintain the confidentiality of such information. E. No Debarment. Service Provider represents and warrants to the County that Service Provider is not currently (a) under sanction, exclusion, or investigation (civil or criminai by a federal or state enforcement, regulatory, administrative, or licensing agency) or otherwise ineligible for federal or state program participation, or (b) listed on North Carolina or any other state or federal debarment databases (e.g., Office of Inspector General and System for Award Management). SECTION IX. MEETINGS A. General. Subject to any more specific provisions set forth on Exhlbit A, Service Provider will make such reviews, attend such meetings, and make such contacts as are necessary to maintain the schedule for any County project to which the Services relate (the "Project") and for proper preparation of plans, documents, specifications, and special provisions. B. Status Updates. Service Provider may be required to meet with representative(s) of the County to review the status of the Services and/or the Project. These meetings will not be required unless problems arise that cannot be resolved during the Parties' regular meetings. Such additional meetings, if needed, shall be held at the County's office or at the Project site as appropriate. SECTION X. MISCELLANEOUS A. Entire Agreement; Conflicting Provisions. This Agreement, together with all Exhibits and any other documents incorporated herein by reference, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. In case of a conflict between the provisions of this Agreement and the provisions of any attachment or other document referenced by or incorporated into this Agreement, the provisions of this Agreement shall control and prevail. Any terms and conditions or similar provisions submitted by Service Provider on any Invoice or other form shall not become a part of this Agreement unless agreed upon in a writing executed by a duly authorized representative of the County. Without limiting the generality of the foregoing, the Parties acknowledge and agree that Exhibit A attached hereto may take the form of Service Provider's proposal for the Services, in which case any verbiage set forth on Exhibit A that (a) conflicts with the provisions of this Agreement or its other Exhibits, or (b) adds any terms, conditions, qualifications, covenants, or agreements beyond the matters that this Agreement specifically contemplates to be addressed on Exhibit A (i.e., a description of Services, the compensation payable to Service Provider for the Services, the documentation and deliverables to be provided in connection with the Services, and the schedule for performance of the Services), shall be disregarded and of no force or effect. B. Captions and Headings. The captions and headings contained in this Agreement are for convenience and reference only, and do not define, describe, extend, or limit the scope or intent of this Agreement or the scope or intent of any provision contained herein. C. Severability. The invalidity of one or more phrases, sentences, clauses, or sections in this Agreement shall not affect the validity of the remaining portions of this Agreement, so long as the material purpose of this Agreement can be determined and effectuated. D. No Waiver. Any failure by either Party to enforce any of the provisions of this Agreement or to require compliance with any of its terms shall in no way affect the validity of this Agreement, or any part hereof, and shall not be deemed a waiver of the right of such Party thereafter to enforce any such provision. E. Counterparts. This Agreement may be signed in any number of counterparts, and all such counterparts together shall constitute one and the same instrument. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. F. Governing Law; Jurisdiction. This Agreement and performance thereof shall be governed, interpreted, construed, and regulated by the laws oft the State of North Carolina without giving effect to its principles regarding conflicts of laws. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Services provided hereunder shall be instituted exclusively in the courts of North Carolina located in Carteret County, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Service of process, summons, notice, or other document by mail to such Party's address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court. To the extent permitted by applicable law, ifa any action, suit, or other legal or administrative proceeding is instituted or commenced by either Party hereto against the other Party arising out of or related to this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and court costs from the non-prevailing Party, in addition to any damages and costs otherwise awarded to the prevailing Party. G. Equitable Relief. Each Party acknowledges that a breach by a Party of Section IL.A.8 or Section VII.D may cause the non-breaching Party irreparable harm, for which an award of damages would not be adequate compensation and agrees that, in the event of such breach or threatened breach, the non-breaching Party will be entitied to seek equitable relief, including a restraining order, injunctive relief, specific performance, and any other relief that may be available from any court, in addition to any other remedy to which the non-breaching Party may be entitled at law or in equity. Such remedies shall not be deemed to be exclusive but shall be in addition to all other remedies available at law or in equity, subject to any express exclusions or limitations in this Agreement to the contrary. H. Successors and Assigns; Assignment. This Agreement is for the sole benefit of the Parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit, or remedy of any nature whatsoever, under or by reason of this Agreement. Neither Party may assign, sublet, subcontract, or transfer any interest in this Agreement without the prior written consent of the other Party. I. Amendments and' Waivers. This Agreement may be amended, modified, or supplemented only by an agreement in writing signed by each Party hereto. No waiver by either Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party sO waiving. J. Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); or (b) on the third (3rd) day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective Parties at the addresses indicated below (or at such other address for a Party as shall be specified in a notice given in accordance with this Section X, J): Ift to the County: The County of Carteret Purchasing Department 302 Courthouse Square Beaufort, NC 28516 Ifto Service Provider: (See Service Provider's address for notices on the signature page hereof.) K. Disclosure. Service Provider agrees that It shall make no statements, press releases, or publicity releases concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with this Agreement, or any particulars, thereof, without first notifying the County and securing its consent in writing. Service Provider also agrees that it shall not publish, copyright, or patent any of the Deliverables or other work product furnished to the County pursuant to this Agreement, it being understood that all such Deliverables or other work product is the exclusive property of the County. L. Interpretation. For purposes of this Agreement, (a) the words "include,' "includes," and including" shall be deemed to be followed by the words "without limitation"; (b) the word' "or" is not exclusive; and (c) the words "herein," hereof," "hereby," "hereto," and hereunder" refer to this Agreement as a whole. Unless the context otherwise requires, references herein: (x) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof, and (y) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The Exhibits referred to herein shall be construed with, and as an integral part of, this Agreement to the same extent as if they were set forth verbatim herein. M. Continuation of Performance of the Services During Dispute. During the pendency of any dispute between the Parties arising out of or relating to this Agreement, provided that Service Provider's continued performance of Services is requested by the County in writing, it shall be the responsibility of Service Provider to continue to provide the Services in conformity with the Agreement. The County shall, subject to its right to withhold amounts to cover damages allegedly caused by Service Provider's breach or default under this Agreement, continue to pay Service Provider any undisputed amounts in accordance with this Agreement. For the avoidance of doubt, the provisions of this Section X.M shall not apply in the event of a termination of this Agreement pursuant to Section VII. N. Representation of Authority. Any individual executing this Agreement on behalf of Service Provider hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of Service Provider and does so with full legal authority. The County of Carteret By: Name: Titie : Service Provider: If Service Provider, is an entity: If Service Provider is an individua!: [LEGAL NAME OF SERVICE PROVIDER) Barnhill Contracting Company By: A Signature D Name: Print name: [LEGAL NAME OF SERVICE: Jonathan D. Proctor PROVIDER Title: Vice President Service Provider's address for notices: PO Box 399, Kinston, NC 28502 1131 Enterprise Blvd., Kinston, NC 28504 Katy Oliver Attn.: Jolyn Murphy. Exhibit A CARO AMENDMENT NUMBER 1 TO THE BID DOCUMENTS Amendment Date: April 28, 2025 BID NUMBER -RFB 25-0409 ON-CALL PAVING CONTRACT A. This Amendment shall be considered part of the bid documents for the above-mentioned, project as though It had been Issued at the same time and shall be incorporated Integrally therewith. Where provisions of the following supplementary data differ from those of the original bid documents, this Amendment shall govern and take precedence. BIDDERS MUST SIGN THE AMENDMENT AND SUBMIT IT WITH THEIR BIDS. B. Bidders are hereby notified that they shall make any necessary adjustments in their estimates as a result of this Amendment. lt will be construed that each bidder's proposal is submitted with full knowledge of all modifications and supplemental data specified herein. The bid opening date and time stated In the original bid invitation have been extended to May 12, 2025, at 4:00 PM (EST). Additionally, Carteret County has provided an updated bid form, which is now broken out by project tiers. Please see the attached updated form for details. See updated date/time below: Sealed Bids for a On-Call Paving Contract will be received by the Carteret County Purchasing Agent until 4:00 p.m. (EST), May 12, 2025; and then opened and publicly read aloud. BIDDER MUST ACKNOWLEDGE THIS AMENDMENT BY SIGNING BELOW AND ATTACHING THE SIGNED AMENDMENT TO THE BID FORM: Company Name Barnhill Contracting Company Contact Person Jonathan D. Proctor Signature Date 5/12/25 Ashley Bennett, Purchasing. Agent Carteret County Purchasing Agent H CARO COUNTY OF CARTERET RE: Request for Bids for Asphalt Paving- Multiple Locations Date: April 14, 2025 To Whom It May Concem: Carteret County Government will receive sealed bids for asphalt work until 4:00 p.m., on Monday, May 5, 2025. Bids will then be publicly opened and read aloud. The scope of work consists of providing paving and/or maintalning solid waste sites, parking lots, and park entrances throughout the county, and other pertinent Items on an on-call basis. The quantity of work Is undetermined. In order tol be considered all responses must be submitted in writing no later than 4:00 PM (EST) on Monday, May 5, 2025. Late qualification packages will be deemed invalid and retumed unopened to the contractor. Contractors mailing responses should allow delivery time to ensure timely receipt of their proposals. The responsibility for geting the response to the Carteret County Purchasing Agent on or before the specified time and date is solely and strictly the responsibility oft the responding Contractor. The County willi in no way be responsible for delays caused by an occurrence. Responses may be hand carried or mailed to: Carteret County Goverment Attn; Ashley Bennett 210 Tumer Street Beaufort, NC 28516 Hours of Operation: 8:00 a.m.5 p.m. (EST) Monday through Friday Carteret County Goverment reserves the right to waive any informalities, to reject any and all responses to the RFB, and to accept any responses which in its opinion may be in the best interest of Carteret County Thank you, Ashley Bennett, CLGPO Purchasing Agent SECTION 1: ADVERTISEMENT CARTERET COUNTY GOVERNMENT ON-CALL BASIS "RFB 25-0409 ON-CALL BASIS PAVING CONTRACT" Bids will be recelved by the County of Carteret, North Carolina (herein called the' "COUNTY"), at the Carteret County Administration Bullding, 210 Tumer Street, Beaufort, NC: 28516 until 4:00 p.m. on Monday, May 5, 2025, and then at sald office publicly opened and read aloud. Contractors shall provide all necessary labor, equipment, materiais, and insurance to complete the on-call asphalt paving contract under "Scope of Work. Carteret County Government will not be holding a pre-bid site meeting. Bid Documentation may be accessed on the County's website at: mtpsllw.carteretcountncgowBasasp* The County reserves the right to waive anyi informalities, to reject any or all bids, and to accept that Bid or Blds which is in the best interest of the County. SECTION 2: INSTRUCTIONS TO BIDDERS Advertisement Monday, April 14, 2025 Deadine for Questions Monday, April 21, 2025 Answer to Questions Friday, April 25, 2025 Deadine to Receipt of Sealed Bids Monday, May 5, 2025 Preparation of Bids Bidders are Instructed to submit their bids using the bid form provided. Discrepancies between words and numerals will be resolved In favor of words. Discrepancies between the multiplication of units of work and unit price will be resolved in favor of the unit price. Changes or corrections made in the bid must bei initialed by thei individual signing the proposal. BIDS NOT SIGNED WILL BE DEEMED NONRESPONSIVE AND REJECTED. Sealed bids received after thet time and date for closing will be rejected. Deviations Carteret County reserves the right to allow or disallow minor deviations ort technicalities should the County deem it to be in the best Interest of the County, Carteret County shall be the sole judge of what is to be considered a minor deviation or technicality. Submission of Bids Each bidi must be submitted in a sealed envelope, addressed to Ashley Bennelt, Purchasing Agent, Carteret County Goverment, 210 Turner Sireet, Beaufort, NC 28516. Each sealed envelope containing a BID must be plainly marked on the outside as "RFB #: 2025-0409 RFB 25-0409 ON-CALL BASIS PAVING CONTRACT Carteret County Govemment, Monday, May 5, 2025" and the envelope should bear on the outside the name of the Bidder, his address, and license number, if applicable. Iff forwarded by mall, sealed envelopes containing the BID must be enclosed in another envelope addressed to the Purchasing Agent, Carteret County Government, 210 Turner Street, Beaufort, NC28516 Questions Questions conceming the specifications ini this Request for Bid (RFB) should be directed to Ashley Bennett, Purchasing Agent by emall whmeatmtoastsss Questions will be received until Friday, April 25, 2025, at 5:00 PM EST. Addendum An addendum summarizing all questions and answers will be posted to the County's website no later than Monday, May 2, 2025. Bidders who have notified the County of their Intent to submit al bid wili be sent a copy of the addendum via email. Communication Bidders may not have communications, verbal or otherwise, conceming this RFB with anyone personnel, other than the person listed in this section, which is Ashley Bennelt, Purchasing Agent at email eametBansnines Ifa any bidder attempts any unauthorized communication, the bid may be rejected. Intent to Submit All Bidders who intend to submit a bid on this project should send an email to miphemmdantarmas Indude pertinent contact Information. This wil ensure that you receive any addenda issued for this RFB; if applicable. This is not a requirement but is highly recommended. Cost of Preparation of Response Cost incurred by prospective Bidders Int the preparation of the response to this Request for Bids are the responsibilty of the Bidder and will not be reimbursed by the County. Bid Opening The bid opening willl be help at Carteret County Administration Bulding, 210 Tumer Street, Beaufort, NC 28516 until 4:00 p.m. on Monday, May 5, 2025, and then at said office publicly opened and read aloud. Award Award' "shall be made to the lowest responsive responsible bidder taking into consideration quality, performance, and the time specified in the bld for the performance of the contract." The County may also consider other factors such as past performance, financial stability, and availability of equipment in the consideration of award. Execution of Agreement The successful Bidder wil be required to enter into a formal agreement that is consistent with the bld requirements outlined within. The successful Bidder to whom the Contract is awarded byt the County shall within ten (10) business days after notice of award and receipt of Agreement fromi the County, sign and deliver to the County all required copies of sald Agreement. Payment and Performance Bonds Carteret County reserves the right to require al PERFORMANCE BOND for projects that are over $150,000.00. Attoreys-in-fact who sign PAYMENT BONDS and PERFORMANCE BONDS must file with each BOND a certified and effective dated copy of their power of attomey. Ownership of Documents Ali bids and accompanying documentation will become the properly of Carteret County ati the time the bids are opened and as such wil not be retumed to the bidder. Trade Secret Confidentiality Upon receipt of your proposal by Carteret County Govemment, 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 willl be provided to County staff and others who participate in the evaluation process, and to members oft the general public who submit public records request. The properly designate material as trade secret under these circumstances, each Proposer must take the following precautions: (a) any trade secrets summitted by a Proposer 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/confidentially 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 altempt to designate pricing information as a trade secret. Doing so may result in your proposal being disqualifed. In submitting a proposal, each applicant agrees that the County may reveal any trade secret materials contained in such response to all Countys staff and County oficers involved in the selection process, and to any outside consultant or othert third parties who assist the County in the selection process. Furthermore, each applicant agrees to indemnify and hold harmless the County and each ofi its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose anymaterial which the Applicant has designated as a trade secret. Withdrawal of Bids (NCGS 143-129.1) Bids may be withdrawn by bidders prior to the time set for official opening. After time has been called, no bid may be withdrawm for a period ofo one hundred twenty days (120) aftert the time and date of opening except as provided by 143-129.1 detailed below. At bidder submiting al bid for construction or repair work or for the purchase of apparatus, supplies, materials, or equipment mayy withdraw the bidi from consideration after the bid opening without forfeiture of his bid security lft the price bid was based upon a mistake, which constituted a substantial error, provided the bid was submitted in good falith, and the bidder submits credible evidence that the mistake was clerical ini nature as opposed to a judgment error, and was aclually due to an unintentional and substantial arithmetic error or an unintentional omission of a substantial quantity of work, labor, apparatus, supplies, materials, equipment, or services made directly in the compllation of the bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of the original work papers, documents or materials used ini the preparation of the bid sought to be withdrawn. Ar request to withdraw al bid must be made In writing tot the County prior to the award of the contract, but not later than 72 hours after the opening of bids. If the work or purchase is rebid, under no circumstances may the bidder whol has filed a request to withdraw be permitted to rebid the work or purchase. Authorized Signature Please be advised that the person signing the bid must be authorized by your organization to contractually bind youri firm, with regard to prices and related contractual obligations fori the delivery and installation period requested. BIDS NOT SIGNED WILL. BEI REJECTED. E-Verify Pursuant tol N.C.G.S 147-33.95(g), Carteret County shall not enter into a contract unless the Bidder and each of its subcontractors comply with the E-Verify requirements of N.C.G. S. Chapter 64, Article 2. Bidders are directed to review the foregoing laws. The successful Bidder must submit a certification of compliance with E-Verify to the County, and on a periodic basis thereafter as may be required by the County. 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, religlon, sex or national origin, and thei implementing rules and regulations prescribed byt the Secretary ofl Labor, are Incorporated herein. The Bidder agrees not to discriminate against any employees or applicant for employment because of physical or mental handicapi in regard to any position for which the employees or applicant is qualified. The Bidder agrees to take affirmative action to employ, advance in employment and otherwise treat quallied handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices. Pursuant to GS 143-48, Carteret County encourages small, minority, physically handicapped, and women firms to submit bids in response to this RFB. Minority Participation The bidder will make good faith efforts to subcontract with individuals who are minorities to include women, Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, and Asian-Indian Americans, Bidders should submit along with the bid information conceming minority business enterprises that they have contacted and those which wili participate Ini the contract. Indemnity The successful Bidder shall indemnify and hold the County, its agents and employees, harmless agains! any and all claims, demands, causes of action, or other llabilty, Including attomey 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 Bidder hereunder, resulting from the negligence of or the willfut act or omission oft the Bidder, his agents, employees and subcontractors. Insurance The contractor, at its own expense, shall keep in force and maintain at all times during this agreement: Commercial General Liability Insurance- Commercial General Liability Insurance, issued by responsible insurance companies and in a form acceptable to the County, protecting and insuring against all the foregoing with coverage Rmits of not less than One Million Dollars ($1,000,000) per occurrence for Bodily Injury and Property Damage. Automobile Liability Insurance- Automobile Liability coverage shall be in the minimum amount of One Million Dollars ($1,000,000) per occurrence. Workers' Compensation Coverage- Full and complete Workers' Compensation Coverage, as required by North Carolina state law, shall be provided. Insurance Certificates- Contractor proposals may have generic insurance certificates inserted illustrating coverage limits available to the Contractor. Following the notice of award, the Contractor shall provide the County with certificate(s) of Insurance on all the poliçies ofi insurance andi renewals thereof in a form(s) acceptable to the County. Said Commercial General Liability policy shall provide that the County be an additional named insured. The County shalll be notifiedi in writing of any reduction, cancellation or substantial change of policy or policies at least thirty (30) days prior to the effective date of said action. All insurance policies shall be issued by responsible companies who are acceptable tot the County and licensed and authorized to do business under the laws of North Carolina. Compliance with Bid Requirements Fallure to comply with these provisions or any other provisions of the General Statues of North Carolina will result in rejection of bid. All applicable laws, ordinances, and the rules and reguiations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout. Each Bidder Is responsible for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The fallure or omission of any Bidder to do any oft the foregoing shall in no way relieve any Bidder from any obligation in respect tol his BID. Rights to Reject Bids The County reserves the right to waive anyi informalities, to reject any or all bids, and to accept that Bid or Bids which is In the best interest of the County. Bid Protest Procedures As a custodian of public funds, the County must adhere to applicable bidding practices established! by State law, County policy, and good administrative practice. Bids may be protested for any bid solicited. All prolests must be Int the writing andi must be delivered to the Assistant Finance Director (Kelly' Woodruff) prior to being awarded by the Board of Commissioners or issuance of purchase order. The protester (bidder) shall adhere to the following procedures: 1. The protester (bidder) who protests al bid wll deliver a written statement to the Assistance Finance Director detaling the reason for the protest within five (5) business days or prior to award and/or issuance of a purchase order whicheveri is later. 2. The Assistance Finance Director will review the data submitted and provide a formal response to the protester (bidder) within five (5)! business days after receipt of the written protest. 3. A protester (bidder) not satisfied with that response may appeal to the County Manager, provided such appeal is received within five (5) business days after the response from the Assistance Finance Director. Ifan appeal is not filed within the speclfied period, no other County redress is available. 4. No further appeali is available as ofr right; provided, however, the dissatisfied protester (bidder) may request that the Board of Commissioners elect to hear an appeal from the decision of the County Manager. The decision rendered by the Board of Commissioners is final. 5. Any and all costi incurred by a protesting party in connection with a protest shall be the sole responsibility of the protesting party. 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 govemment, 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 cerlification was not already made wheni 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 govemment, or any other political subdivision oft the State of North Carolina must not utilize any subcontractor found on the State Treasurer's Final Divestment List. SECTION 3: SCOPE OF WORK SCOPE OF WORK All materials and construction methods shall be in accordance with the latest edition of the North Carolina Bullding Code standards and specifications, unless special specifications are provided for the specific project. If special designs are required, the County and the contractor shall agree to their design and cost prior to construction. On most projects, site/areas will temporary close but for any reason we are unable to close the area, Carteret County shall provide all necessary traffic control. lft the County cannot provide traffic control for a specific project, the County may request a quote for traffic control from the Contractori for that project. The County will not! be required to use the Contractor for traffic control. Unit price shalll be provided fori the contractor to perform stone and backfill to within +/- 2 inches of final grade. However, the County may perform such work when necessary. The contractor shall provide all labor, materials, and reequipment to perform work. However, the County will provide materials when noted in the standard paymenti items. All quantities on bid form are estimales used only for bidding purposes, The size of each project may vary upon the needs of the County. All efforts will be made to provide enough work toj justlify the mobilization of the contractor's crew when possible. All work shall be closely coordinated with the Assistant County Manager. Terms The COUNTY reserves the right to award to more than one CONTRACTOR if iti Is deemed tol be in the best interest to the COUNTY. The Contract duration shall be from July 1, 2025-, June 30, 2026. % The OWNER reserves the right to renew the Contract upon MUTUAL AGREEMENT with the CONTRACTOR upt to a period of (4) additional 12- month periods. For future contract periods, unless otherwise specified, price increase shall be limited to the lesser of the percentage increase ini the Consumer Price Index, Urban Wage Eamers and Clerical Workers (CPI-W), U.S. City Average, All items for the most recently publshed twelve months as published by the U.S. Department Labor, Bureau ofLabor Statics or the Engineering News Records Constructing Cost Index, Annual Average Index fort the most recently published tweive months as published by! Engineering News Record. The base price to which any adjustments will be made shall be the price in effect during the contract terms to the proposed term. The total cost of the Contract shall be no more than $450,000.00 per contract period. BID FORM The bidder agrees to perform all the contract work described int the specifications and shown on the plans for the following unit prices: Base bids shall be unit price based as shown below: NO. Item Qty Unit UnitF Price Amount Bid 1 Moblization 1 Each 9,4p0.00 +9,900. 00 2 Grading 1 Square Yards + 1.25 r 1925 Begin Tier 1 Payment Schedule 0-50 Tons 3 Liquid Asphalt Binder 1 Tons 455.00 * 655.00 for Plant Mix 4 Patching Existing 1 Tons Asphalt - 119.0C or 440.00 t 440.00 B25.0C (Full depth) 5 Patching Existing 1 Tons Asphalt - 119.0C 2.5 440.00 -. 44-0,00 Inch Depth 6 Patching Existing 1 Tons Asphalt = S9.5B (Skin 440.00 t 440.00 Patch) Asphalt Surface 1 Tons 7 Course - $9.5B. - 1248.00 t 24,00 various depth (1.5' to 2") 8 Thin lft $4.75A - %" 1 Tons 249.D0 + 246.00 9 Miling Asphalt 1 Square Yard Pavement (1.5" to t 77.00 + 71.00 2.5" depth) 10 Incidental Miling- = 1 Square Yard t 77.00 * T7.00 Tie-ins, etc. 11 Incidental Stone 1 Ton Aggregate Base - 130.00 t (30.00 Course (ABC) 12 Adjustment of 1 Each Manholes 11,40.00 - 1,210.00 13 Adjustment of Meter 1 Each Boxes or Valve Boxes ,4D.00 € ,210.00 Begin Tler 2 Payment Schedule 51+-500 Tons 14 Liquid Asphalt Binder 1 Tons 1655.00 * 455,00 for Plant Mix 15 Patching Existing 1 Tons Asphalt - 119.0C or 248.00 E 2A.00 B25.0C (Full depth) 16 Patching Existing 1 Tons Asphalt- - M9.0C2.5 248.00 * 248.00 Inch Depth 17 Patching Existing 1 Tons Asphalt - S9,5B (Skin 248.00 249.00 Patch) 18 Asphalt Surface 1 Tons Course S9.5B - $154.00 * 15400 various depth (1.5" to 2) 19 Thin lift S4.75A - % 1 Tons K15400 + 154.00 20 Milling Asphalt 1 Square Yard t Pavement (1.5'to 14.50 14.50 2.5' depth) 21 Incidental Milling- - 1 Square Yard 1 14.50 k 14.50 Tie-ins, etc. 22 Incidental Stone - 1 Ton Aggregate Base 1434 00 t 143,00 Course (ABC) 23 Adjustment of 1 Each 51,240.00 t 1,210.00 Manholes 24 Adjustment of Meter 1 Each 1,210.00 1,210.00 Boxes or Valve Boxes Begin Tier 31 Payment Schedule 501-1,000 Tons 25 Liquid Asphalt Binder 1 Tons 1u55.00 - 655.00 for Plant! Mix 26 Patching Existing 1 Tons Asphait - 119.0C or tI0.00 + 110.00 B25.0C (Full depth) 27 Patching Existing 1 Tons * Asphalt - 119.0C 2.5 10.00 10,00 Inch Depth 28 Patching Existing 1 Tons Asphalt- - S9.5B (Skin 110.00 h l0.00 Patch) 29 Asphalt Surface 1 Tons Course - $9.5B- - +9350 * 93.50 various depth (1.5" to 2") 30 Thin lift S4.75A -% 1 Tons AALOD t 94.00 31 Miling Asphalt 1 Square Yard Pavement (1.5" to .20 h 1D,20 2.5' depth) 32 Incidental Miling- - 1 Square Yard 10.20 * 10,20 Tie-ins, etc. 33 Incidental Stone 1 Ton Aggregate Base 143.00 143.00 Course (ABC) 34 Adjusiment of 1 Each * Manholes 1,210,00 1,240.00 35 Adjustment of Meter 1 Each Boxes or Valve Boxes 1,21D,00 s 1,210.00 End Tier Schedules 36 4" Double Yellow 1 Linear Foot Thermoplastic 15.5D * 5.50 Marking Lines- 120 mil 37 4"White 1 Linear Foot H Thermoplastic t2.50 2.50 Marking Lines 90 mil 38 24" White 1 Linear Foot Thermoplastic 3950 + 38.50 Pavement Marking Lines- 120 mil- for Stop Bar 39 4" Double Yellow 1 Linear Foot Reflective Marking Lines- Paint appliedi in 1.10 $ L.0 two applications of 15 mils each 40 4" White Paint 1 Linear Foot Reflective Marking 10.65 $ Lines- Paint appliedi in D.5 lwo applications of15 mils each 41 24" White Reflective 1 Linear Foot Paint Pavement 1L.00 * (1.00 Marking Lines with glass beads- "Stop Bar" 42 8"White paint 1 Linear Foot Pavement Marking 3.30 + 3.30 Lines for Crosswalks with reflective glass beads 43 8"V White 1 Linear Foot Thermoplastic 25.00 Pavement Marking 15.DD Lines- 120 mils for Crosswalks 44 24" Thermoplastic 1 Linear Foot Marking Lines for Hi- +39.50 +38.5D Visibility Crosswalks (120 mils) 45 Curbing 1 Linear Foot + 75,0D 75.00 46 Rubber Wheel Stops 1 Each h5,00 & h5.00 47 Handicap Rubber 1 Each +50D.00 * 500.00 Slops 48 Sealant 1 Square Yard * b.0D * 6.00 49 Accessible Marking 1 Each + K (ADA Symbols & 100.00 100.0D Striping) paint 50 ADAI Waring Pads 1 Each + (Detectable Warning +500.D0 500.00 Surfaces) 51 Fire Lane Marking 1 Linear Foot * + 8.00 R.OD 52 Directional Arrows 1 Each + IDD.0D t 100.00 Powt "RFB 25-0409 ON-CALL BASIS PAVING CONTRACT" The scope of work consists of providing asphalt paving and related work in support of maintaining solid waste sites, parkingl lots, and park entrances and trails throughout the county, and other pertinent items on an on-call basis. The quantily ofworki is undetermined with a not to exceed price of $450,000.00 per contract term. The undersigned, as bidder, proposes and agrees Ift this proposal Is accepted to contract with Carteret County for the furnishing of all materials, equipment, tax and labor necessary to complete the individual projects as outined by the County's designee and described ini these documents In full and complete accordance with requirements, specifications, and contract documents, and to the full and entire satisfaction of Carteret County. Contractor: Barnhill Contracting Company - P Federal ID 56-0512633 By; Jonathan D. Proctor Witness: Title: Vice President (Owner, partner, corp. Pres. or Vice President) Address: PO Box 399, Kinston - NC 28502 * > APORAT Emall Msolivartharhillcantracting.cs A.C. s44 Hin Mms: z.m By License #: 3194 Charlie E. Gates Title: Assistant Secretary (Corporalion. Becretary. !Ass't Secretary.) INT TESTIMONY WHEREOF, the parties have expressed their agreement to these terms by causing this Contract to be executed by their duly authorized office or agent. COUNTY OF CARTERET Sharon Griffin, County Manager (Seal!) Authorized Representative (Seal) Printed Name Title This Instrument has been pre-audited In the manner required by the Local Government Budget and Fiscal Approved as to form: Control Act. Dee Meshaw, County Finance Officer County Attomey NORTH CAROLINA COUNTY OF CARTERET GOVERNMENT 1, a Notary Public of the State and County aforesald certify that Sharon Griffin acknowledged that he Is the County Manager of County of Carteret, and that authority duly given as the act ofthe Board signed the foregoing instrument: signed In Its name by the County Manager, sealed with its corporate seal. WITNESS my hand and official seal, this dayof 2025. Notary Public My Commission Expires: NON-COLLUSION AFFIDAVIT State of North Carolina RFB 25-0409 ON-CALL BASIS PAVING CONTRACT County of Carteret Jonathan D. Proctor being firsto duly sworn, deposed and says that: Barnhill Contracting Company G/She Is the Vice President (tite) of firm's name), The responder that has submitted the attached response; He/She is fully informed respecting the preparation and contents of the attached response and of all pertinent circumstances respecting such response; Such response is genuine and is not a collusive or sham response; Neither the said responder nor any of its officers, partners, owners, agents, representatives, employees or parties Ini interest, Including this affant, has In any way colluded, conspired, connived or agreed, directly or indirectly, with any other responder fim or Person to submit a collusive or sham response in connection with the contract for which the attached response has been submitted or to refrain from responding in connection with such contract, or has in any manner, directly or indirectly sought by agreement or collusion ofcommunication or conference with any other responder, firm or person to fix the price or prices in the attached response, if applicable, or of any other responders, or to flx any overhead, profit or cost element of the response price of the response, if applicable, of any other responder or to secure through collusion, conspiracy, connivance or unlawful agreement anya advantage against the County of Carteret or any person interested in the proposed contract. Da1 Signature Vice President Tite NOTARIZE Subscribed and swom to before me, NOTARY This 12th dayof. May (S@yBLIC Notary Publie luyou Mplg My Commission/ Expire: 9/418/26 NORTHS d IV. Consent Agenda 4. Approval of the Contract Renewal with Trinity Food Service to Provide Meals for the Inmate Population in County Detention of the Office Skerir ASA BUCK P.O. Box 239 SHERIFF BEAUFORT, N.C. 28516 QUNS (252) 504-4800 FAX (252) 504-4818 To: Carteret County Board of Commissioners From: Sheriff Asa Buck Subject: Trinity Food Service Annual Contract Renewal and Price ncrease Based On CPI Date: June 2, 2025 Trinity Food service is requesting to renew our food service contract for an additional one-year period and to adjust the meal prices based on the increase in the CPI index (Food Away From Home) over the last year which was 3.6%. This increase will bring meals to $2.99 in the inmate population range of 110-134 and $2.61 in the inmate population range of 135-159. Over the years we have been very conservative in our efforts to keep food costs down including rebidding food service in 2012 which resulted in a significant reduction in cost per meal going from $2.00 per meal to $1.67 per meal. Since that time cost have increased based on CPI even though some years we renewed our contracts without any annual increases. The past three years have seen significant increases due to inflation and an increase in CPI and food costs. Funds are appropriated for this service in the Sheriff's Office budget. TRINITY SERVICES GROUP, INC. Confirmation Copy Carteret County Sheriff's Office May 14, 2024 Attn: Sheriff Asa B. Buck, III 304 Craven Street Beaufort, NC 28516 RE: Food Service Agreement for Inmate Meals Dear Sheriff Buck: It continues to be an honor and a privilege to provide inmate food services at the Carteret County Detention Facility. Please accept this letter as Trinity's request to renew the contract for an additional year to May 31, 2026, and to adjust meal prices pursuant to our Agreement. According to the Agreement meal prices are to be adjusted annually equal to the change in the Consumer Price Index, Food Away From Home. Based on the relevant Index data (copy enclosed), the change in the Index over the last year was 3.6%. Ihave attached an updated meal price scale to reflect the agreed adjustment. These prices will be effective April 1, 2025. Ifthis meets with your approval, please sign and return the enclosed confirmation copy oft this letter. Of course, please let me know ify you have any questions regarding this request. Trinity sincerely appreciates the opportunity to serve the Carteret County Sheriff's Office. Thank you for! your business. We will always strive to exceed our client's expectations and I urge you to call me ifyou ever have any questions or concerns regarding the food services we provide. Very truly yours, Tom Phillips District Manager (757) 373-4634 TomPhilipseTintyservicescroup.con Approved: Sheriff Asa B. Buck, III Date: 477 Commerce Blvd, Oldsmar, FL34677 - p: 813-854-4264 - f: 813-855-2330 wowfraubpsmtcadrupcm TRINITY SERVICES GROUP, INC. Carteret County Detention Facility Price Per Meal Scale Effective April 1, 2025 POPULATION PRICE 34 and below TBN 35 - 59 $7.446 60 - 84 $4.725 85 109 $3.605 110 - 134 $2.995 135 159 $2.610 160 184 $2.372 185 209 $2.195 210 234 $2.062 235 259 $1.957 260 - 284 $1.872 477 Commerce Blvd, Oldsmar, FL 34677 -1 p: 813-854-4264 - f: 813-855-2330 mociraipemkedrepon 15 25, 8.00 AM Bureau ofL Labor Statist Dala V.S.BUREAUS OELABORSTATISTIGS Databases, Tables & Calculators by Subject iReciallHetkes 4/25/2024 GO Change Output Options: From: 2014 To:2024 MoreFormating Optionsn includeg graphs includez annualz averages Data extracted on:. January 15, 2025(8:59:59A AM) Consumer Price Index for AlI Urban Consumers (CPI-U) Series Id: CUUROOOOSEFV Nots Seasonally Adjusted Series Title: Food awayf from home inl U.S. city average, all urban consumers, not seasonallya adjusted Area: U.S. citya average Item: Food awayf fromH home Basel Period: 1982-84-100 Download: # xisx Vear Jan. Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec HALFI HALF2 2014 245.481 246.1 187 246.878 247.534 247.952 248. 445 249.210 249.801 250.570 251.100 251.987 252.628 247.080 250.883 2015 253.037 253.719 254.108 254.727 255.322 255.846 255.9 905 256.449 257.830 258.3 363 258.8 805 259.097 254.460 257.742 2016 259.958 260.319 260.883 261.517 262.074 262.529 263.051 263.649 264.102 264.459 264.699 265.104 261.213 264.177 2017 266.079] 266.626 267.055 267.652 268.128 268.225 268.649 269.522 270.353 270.658 271.152 271.811 267.294 270.358 2018 272.772 273.435 273.733 274.393 275.307 275.808 276.125 276.648 277.258 277.513 278.3 306 279.419 274.241 277.545 2019 280.3 380 281.373 281. 887 282.798 283. 394 284.316 284.891 285.507 286.2 246 286.7 791 287.255 288.078 282.3 358 286.461 2020 289.137 289.7 781 290.216 290.639 291.7 709 293.219 294.5 599 295.437 297.080 297.8 893 298.2 253 299.3 369 290.7 784 297.105 2021 300.382 300.540 300.897 301.819 303.481 305.634 308.023 309.336 310.996 313.592 315.481 317.372 302.126 312.467 2022 319.471 320.880 321.689 323.559 325.952 329.033 331.342 334.212 337.369 340.532 342.266 343.559 323.431 338.213 2023 345.677 347.869 349.944 351.237 352.892 354.245 354.862 356.083 357.488 358.824 360.383 361.5 564 350.311 358.201 2024/3 363.249 Basdsmlwy) BHBA63B3303H 371.604 masmslsAr. 371.999 12-Month Percent Change Seriesid: CUUROOOOSEFV Not Seasonally Adjusted SerlesTitle: Food away from homei inU.S. citya average, allu urban consumers,n nots seasonally adjusted Area: U.S. city average Item: Food: awayf from! home Basel Perlod: 1982-84=100 Download: < B .xisx Vear Jan Feb Mar Apr May Jun JutAug sep oct Nov Dec HALFI HALF2 2014 2.0 2.2 2.3 2.2 2.2 2.2 2.4 2.5 2.7 2.8 2.9 3.0 2.2 2.7 2015 3.1 3.1 2.9 2.9 3.0 3.0 2.7 2.7 2.9 2.9 2.7 2.6 3.0 2.7 2016 2.7 2.6 2.7 27 2.6 2.6 2.8 2.8 2.4 2.4 23 2.3 2.7 2.5 2017 2.4 2.4 2.4 2.3 2.3 2.2 2.1 2.2 2.4 2.3 2.4 2.5 23 2.3 2018 2.5 2.6 2.5 2.5 2.7 2.8 2.8 2.6 2.6 2.5 2.6 2.8 2.6 2.7 2019 2.8 2.9 3.0 3.1 2.9 3.1 3.2 3.2 3.2 3.3 3.2 3.1 3.0 3.2 2020 3.1 3.0 3.0 2.8 2.9 3.1 3.4 3.5 3.8 3.9 3.8 3.9 3.0 3.7 2021 3.9 3.7 3.7 3.8 4.0 4.2 4.6 4.7 4.7 5.3 5.8 6.0 3.9 5.2 2022 6.4 6.8 6.9 7.2 7.4 7.7 7.6 8.0 8.5 8.6 8.5 8.3 7.1 8.2 2023 8.2 8.4 8.8 8.6 8.3 7.7 7,1 6.5 6.0 5.4 5.3 5.2 8.3 5.9 2024 5.1 4.5 4.2 4.1 4.0 . 4.1 4.0 3.9 3.8 3.6 3.6 4.3 3.9] U.S. BUREAU OFI LABOR STATISTICS Postal Square Building 2Massachusetts Avenue NE Washington, DC: 20212-0001 esyhone1202691S20. Tekecommunikcationsl Relay! Service:7-1-1. www.bls.gov ContactUs htips Idata. bis.g gopwsanpopasanes 11 IV. Consent Agenda 5. Approval of the Morehead City Fire/EMS and Newport Fire/EMS Contracts COUNTY OF CARTERET DEPARTMENT OF EMERGENCY SERVICES ARTERET COUNTY Stephen Rea 23 Office 252-222-5841 Emergency Services Director N 11 Mobile 252-241-1630 Penearetarvepe DATE: Wednesday May 28, 2025 TO: Chairman Chris Chadwick FROM: Stephen Rea, Emergency Services Director SUBJECT: Fire/EMS Contracts Carteret County Emergency Services contracts with local Fire/EMS Departments to provide various serves to the citizens of Carteret County. Morehead City Fire/EMS and Newport Fire/EMS are two oft the municipalities that receive County Fire/EMS tax to achieve the serves requested from their departments to maintain continuity to the citizens outside their respected municipalities. The contracts for Morehead City Fire/EMS and Newport Fire/EMS are written as presented, with a revenue neutral tax rate for the 2025/2026 tax year. Both departments and their respected Town Councils are in agreement to the contracts as presented. 3820 Bridges St. Suite D Morehead City, NC 28557 wwBeebookcom.CCES? NORTH CAROLINA CARTERET COUNTY AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICES MOREHEAD CITY This CONTRACT, made and entered into for purposes of reference the 1st day of July 2025 by and between CARTERET COUNTY, hereinafter referred to as the "County," and MOREHEAD CITY, a municipality of Carteret County, hereinafter referred to as the "City". WITNESSETH: WHEREAS, North Carolina General Statute 69-25.5 provides that counties may provide for fire services in a fire protection district by contracting with any incorporated nonprofit volunteer, community fire department, or any incorporated city or town; and WHEREAS, North Carolina General Statute 69-25.4 (b) indicates the term "fire protection" and the levy of a tax for that purpose may include the levy, appropriation, and expenditure of funds for furnishing emergency medical, rescue and ambulance service to protect persons within the district from injury or death; and WHEREAS, Chapter 159 of the North Carolina General Statutes provides that the county budget ordinance may be in any form that the board of county commissioners of any county deems most efficient in enabling it to make the fiscal policy decisions embodied therein and provides for a fund for each special district whose taxes are collected by the county; and WHEREAS, the City is a municipal corporation organized and authorized to furnish fire and emergency medical service (EMS) protection services to the citizens of its district; and WHEREAS, the City serves the area of that special tax district (the "District") known as the Mitchell Village Fire/EMS and Wildwood Fire District of Carteret County in accordance with Article 3A Chapter 69 of the North Carolina General Statutes and/or other applicable laws; and WHEREAS, Carteret County presently levies and collects special taxes and is responsible for appropriating the funds derived there from for fire and EMS protection in the District; and WHEREAS, the County and the City desire to enteri into this contract for the City to furnish fire and EMS protection, and during times of emergencies-disasters provide: 1) preliminary damage assessment; 2) emergency debris clearance and removal; and 3) other lifesaving and property protection measures as necessary for and within the District; NOW, THEREFORE, in consideration of the premises and of other good and valuable consideration, the parties hereto contract and agree as follows: 1. County agrees that it will provide funds, from the special taxes which are levied in such amount as the Board of County Commissioners may deem necessary from year to year to [2) provide fire and EMS protection to the designated District based upon the rate of a special ad valorem tax it will levy against property in the District unless otherwise limited or restricted by law or unless the people oft the special district shall vote to terminate said tax. The County will collect the funds from the District as may be levied as provided by law. The funds paid by the County to the City for fire and EMS services in the District shall be not less than these amounts for the fiscal year stated: a. 2025-2026 fiscal year - Mitchell Village Fire: $518,000 EMS: $253,000 b. 2025-2026 fiscal year - Wildwood Fire: $1,334,000 2. Special or separate funds shall be maintained by the County for taxes collected as a result of said special taxes. 3. The funds derived from the special taxes levied by the County, shall be paid to the City within the fiscal year as agreed to by the City and the Carteret County Manager. Payments shall not exceed the net amount of funds collected from the special taxes for fire and EMS protection in the District and shall not exceed the amount budgeted by the Board of Commissioners of Carteret County in the particular year for fire and EMS protection within the District. 4. The City shall furnish adequate fire and EMS (including paramedic) protection within the District and shall provide the necessary equipment, personnel, water and all things necessary for furnishing adequate fire and EMS protection in the District. The services shall be in accordance with the minimum standards set forth by the Carteret County Department of Emergency Services, Carteret County Medical Director, NC Office of Emergency Services, NC Office of State Fire Marshal, and the North Carolina Department ofInsurance. The City shall provide workers' compensation insurance coverage applicable to all City personnel, regardless of status, at least to the extent required by law. The City shall furnish said fire and EMS protection without additional charge, except for charges for ambulance services that are reimbursable by insurance (or similar) policies/programs, to all persons and property located in the District in an efficient and workmanlike manner. Funds shall not be used for the subcontracting of fire and EMS protection services except approved by the County. 5. Records and Accounts a. The County will provide the City's Fire Chief and Finance Director on an annual basis a detailed record of each Districts' reserve account. b. The City will provide the County with all necessary information for wire transfer of all funds due the City and the County will properly account for and distribute such funds by electronic transfer or other mutually agreed-upon method, on a monthly basis and notify the City Finance Director of amounts to be transferred. 6. The City shall request approval from the Carteret County Fire and EMS Commission for any transaction greater than $25,000 when the expenditure of District funds are involved. [3] Ifthe City contests any recommendation made by the Carteret County Fire and EMS Commission, then the Carteret County Emergency Services Department or the County Manager will be asked to review and approve or disapprove the transaction. 7. The County will also maintain a planned capital improvement fund for the City. This includes all funds that are budgeted for capital purchases such as vehicle purchases, building improvement or replacement or any major equipment replacement or purchases over $20,000 when City funding is to be used. These planned capital improvements shall be clearly identified with the County Reserve Account and must be approved by the County Fire and EMS Commission before funds are used or re-allocated. The County can maintain a reserve account under their control not to exceed the lesser of 4 months of operating expenses based on their current year budget or $200,000. Operating expenses shall include all expenses with the exception of capital items. All unallocated reserve funds and reserve funds in excess of the lesser of 4 months operating expenses shall remain in the County reserve account for the City. The reserve funds held by the County can be accessed by each department upon request to the Fire & EMS Commission and approval by the County Commissioners. 8. At the written request of the County from time to time, City will provide disaster response services in the District to consist of 1) preliminary damage assessments, 2) emergency debris clearance and removal, and 3) other lifesaving and property protection measures as necessary for and within the District during states ofe emergency or disasters. Ifrequested by the County to provide such services, the City will also provide pre-planning for states of emergency and disasters. 9. All funds paid to the City by the County shall be used exclusively to provide fire and EMS protection within the District and automatic mutual aid approved by the County. 10. All books and records shall be maintained by the City for a period of at least three years from the date that the City's fiscal year ends and shall be made available for audit upon request during regular business hours ofthe City. 11. The City shall use the funds subject to this contract in accordance with the annual budget of the funds, which is approved and adopted by the County Commissioners, which budget is incorporated automatically herein by reference each year. 12. The City will maintain its current ISO rating of 5 or better with the North Carolina Department of Insurance. The City shall continuously comply with all applicable laws, ordinances and regulations. 13. In the event of the City's failure to meet the requirements of this contract and as a result of said breach that it constitutes a failure to provide fire, rescue and emergency medical service protection to the District as provided for in this contract, the County may immediately terminate this contract and no further funds will be due to or provided to the City and upon [4] such termination the City will have no further responsibility to provide the District with the services herein described. 14. This contract shall supersede all previous contracts between the County and the City and shall become effective July 1, 2025, and, subject to the continued legal existence of the District. 15. This agreement may not be transferred or assigned by the City without the written consent of the County. 16. This Contract shall have an initial term of one (1)year. The City and County agree that there will be an option to renew this Contract at the end of the initial term and the terms will be negotiable. In the event that the City and County have not renegotiated this Contract at the end of the one (1) year, then the Contract will continue at the funding level for the previous fiscal year until the Parties have completed their negotiations. The City will notify the County not less than six (6) months prior to the termination oft the initial term ifthey want to negotiate the terms and conditions to extend this Contract an additional three (3) years. At any time during any extended terms after the initial term, said Contract can be terminated by either party giving or the other party giving at least 120 days written notice to the other ofi its intent to terminate. 17. Subject to the paramount authority ofthe County Board of Commissioners to change the tax rate in the District and all fire districts in the County, annually the County will levy special ad valorem property taxes in the District sufficient to fund the compensation payable to the City for fire and EMS services as provided herein. 18. Ifthe County does not fund the City per sections 1 and 16 above, the City may terminate this Contract by giving 90 days advanced written notice to the County. 19. This contract shall become effective only upon the finance officers of the respective parties executing the "pre-audit" certificates by the parties' respective signatures. 20. Jurisdiction. The Parties agree that this Interlocal Agreement is subject to the jurisdiction and laws of the State of North Carolina. Both Parties will comply with applicable laws, including N.C.G.S. $143-129G) regarding E-Verify. Any controversies arising out of this Interlocal Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. Signature Page to Follow [5] Signature Page WITNESS the following signatures and seals all pursuant to authority duly granted. ATTEST: CARTERET COUNTY Clerk to Board Chairman, Board of County Commissioners This contract has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. APPROVED AS TO LEGAL SUFFICIENCY Carteret County Finance Director Carteret County Attorney ATTEST: MOREHEAD CITY athy Clerk Capbic City Maybr This contract has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. APPROVED AS TO LEGAL SUFFICIENCY Jwo A. dasain N2 Finarce Director City Attorney NORTH CAROLINA CARTERET COUNTY AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICES TOWN OF NEWPORT This CONTRACT, made and entered into for purposes of reference the Ist day of July, 2025 by and between CARTERET COUNTY, hereinafter referred to as the "County,' 1 and the TOWN OF NEWPORT, a municipality ofCarteret County, hereinafter referred to as the "Town"; WITNESSETH: WHEREAS, North Carolina General Statute 69-25.5 provides that counties may provide for fire services in a fire protection district by contracting with any incorporated nonprofit volunteer, community fire department, or any incorporated city or town; and WHEREAS, North Carolina General Statute 69-25.4 (b) indicates the term "fire protection" and the levy of a tax for that purpose may include the levy, appropriation, and expenditure of funds for furnishing emergency medical, rescue and ambulance service to protect persons within the district from injury or death; and WHEREAS, Chapter 159 of the North Carolina General Statutes provides that the county budget ordinance may be in any form that the board of county commissioners of any county deems most efficient in enabling it to make the fiscal policy decisions embodied therein and provides for a fund for each special district whose taxes are collected by the county; and WHEREAS, the Town is a municipal corporation organized and authorized to furnish fire and emergency medical service (EMS) protection services to the citizens of its district; and WHEREAS, the Town serves the area of that special tax district (the "District") known as the Newport Fire and EMS District of Carteret County in accordance with Article 3A Chapter 69 of the North Carolina General Statutes and/or other applicable laws; and WHEREAS, Carteret County presently levies and collects special taxes and is responsible for appropriating the funds derived there from for fire and EMS protection in the District; and WHEREAS, the County and the Town desire to enter into this contract for the Town to furnish fire and EMS protection, and during times ofemergenciesdisasters provide: 1) preliminary damage assessment; 2) debris clearance and removal; 3) traffic control; and 4) other lifesaving and property protection measures as necessary for and within the District; NOW, THEREFORE, in consideration of the premises and of other good and valuable consideration, the parties hereto contract and agree as follows: 1. County agrees that it will provide funds, from the special taxes which are levied in such amount as the Board of County Commissioners may deem necessary from year to year to [2] provide fire and EMS protection to the designated District based upon the rate of a special ad valorem tax it will levy against property in the District unless otherwise limited or restricted by law or unless the people of the special district shall vote to terminate said tax. The County will collect the funds from the District as may be levied as provided by law. The funds provided by the County to the Town for fire and EMS services in the District shall be not less than these amounts for the fiscal year stated: a. 2025-2026 fiscal year - Fire: $817,000 EMS: $284,000 2. Special or separate funds shall be maintained by the County for taxes collected as a result of said special taxes. 3. The funds derived from the special taxes levied by the County, shall be paid to the Town within the fiscal year as agreed to by the Town and the Carteret County Manager. Payments shall not exceed the net amount of funds collected from the special taxes for fire and EMS protection in the District and shall not exceed the amount budgeted by the Board of Commissioners of Carteret County in the particular year for fire and EMS protection within the District. 4. The Town shall furnish adequate fire and EMS (including paramedic) protection within the District and shall provide the necessary equipment, personnel, water and all things necessary for furnishing adequate fire and EMS protection in the District. The services shall be in accordance with the minimum standards set forth by the Carteret County Department of Emergency Services and the North Carolina Department of Insurance. The Town shall provide workers' compensation insurance coverage applicable to all Town personnel, regardless of status, at least to the extent required by law. The Town shall furnish said fire and EMS protection without additional charge, except for charges for ambulance services that are reimbursable by insurance (or similar) policies/programs, to all persons and property located in the District in an efficient and workmanlike manner. Funds shall not be used for the subcontracting of fire and EMS protection services except approved by the County. 5. The Town shall request approval from the Carteret County Fire and EMS Commission for any transaction greater than $5,000, utilizing rural district funds, involving transfer of assets by title or position, borrowing or notes against existing equipment. Ifthe Town contests the decision made by the Carteret County Fire and EMS Commission, then the Carteret County Emergency Services Department or the County Manager will be asked to review and approve or disapprove the transaction. 6. The County will also maintain a planned capital improvement fund for the Town. This includes all funds that are budgeted for capital purchases such as vehicle purchases, building improvement or replacement or any major equipment replacement or purchases over $20,000. These planned capital improvements shall be clearly identified with the County Reserve Account and must be approved by the County Fire and EMS Commission before funds are used or re-allocated. The Town can maintain a reserve account under their [3] control not to exceed the lesser of 4 months of operating expenses based on their current year budget or $200,000. Operating expenses shall include all expenses with the exception of capital items. All unallocated reserve funds and reserve funds in excess ofthe lesser of 4 months operating expenses shall remain in the County reserve account for the Town. The reserve funds held by the County can be accessed by each department upon request to the Fire & EMS Commission and approval by the County Commissioners. 7. At the written request of the County from time to time, Town will provide disaster response services in the District to consist of 1) preliminary damage assessment, 2) debris clearance and removal, 3) traffic control, and 4) other lifesaving and property protection measures as necessary for and within the District during states of emergency or disasters. Ifrequested by the County to provide such services, the Town will also provide pre-planning for states of emergency and disasters. 8. All funds paid to the Town by the County shall be used exclusively to provide fire and EMS protection within the District and automatic mutual aid approved by the County. 9. All books and records shall be maintained by the Town for a period of at least three years from the date that the Town's fiscal year ends and shall be made available for audit upon request during regular business hours of the Town. 10. The Town shall use the funds subject to this contract in accordance with the annual budget ofthe funds, which is approved and adopted by the County Commissioners, which budget is incorporated automatically herein by reference each year. 11. The Town will maintain its current ISO rating of 5 or better with the North Carolina Department of Insurance. The Town shall continuously comply with all applicable laws, ordinances and regulations. 12. In the event oft the Town's failure to meet the requirements ofthis contract and as a result of said breach that it constitutes a failure to provide fire, rescue and emergency medical service protection to the District as provided for in this contract, the County may immediately terminate this contract and no further funds will be due to or provided to the Town. 13. This contract shall supersede all previous contracts between the County and the Town and shall become effective July 1. 2025. and, subject to the continued legal existence of the District. 14. This agreement may not be transferred or assigned by the Town without the written consent of the County. 15. This Contract shall have an initial term of one (1) year. The Town and County agree that there will be an option to renew this Contract at the end ofthe initial term and the terms will be negotiable. In the event that the Town and County have not renegotiated this Contract at the end of the one (1) year, then the Contract will continue at the funding level for the previous fiscal year until the Parties have completed their negotiations. The Town will notify [4] the County not less than six (6) months prior to the termination oft the initial term ifthey want to negotiate the terms and conditions to extend this Contract an additional three (3): years. At any time during any extended terms after the initial term, said Contract can be terminated by either party giving or the other party giving at least 120 days written notice to the other ofi its intent to terminate. 16. Subject to the paramount authority ofthe County Board of Commissioners to change the tax rate in the District and all fire districts in the County, annually the County will levy special ad valorem property taxes in the District sufficient to fund the compensation payable to the Town for fire and EMS services as provided herein. 17. Ifthe County does not fund the Town per sections 1 and 16 above, the Town may terminate this Contract by giving 90 days advanced written notice to the County. 18. This contract shall become effective only upon the finance officers ofthe respective parties executing the 'pre-audit" certificates by the parties' respective signatures. Signature Page to Follow [5] Signature Page WITNESS the following signatures and seals all pursuant to authority duly granted. ATTEST: CARTERET COUNTY Clerk to Board Chairman, Board of County Commissioners This contract has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. APPROVED AS TO LEGAL SUFFICIENCY Carteret County Finance Director Carteret County Attorney ATTEST: TOWN OF NEWPORT Town Clerk Mayor This contract has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. APPROVED AS TO LEGAL SUFFICIENCY Finance Director Town Attorney CARTERET COUNTY Board of Commissioners Regular Item Meeting Date: V. 2-Jun-25 Presenter: Sharon Griffin/Dee Meshaw CARTERETO NORTH CAROLINA COUNTY 1722 ITEM TO BE CONSIDERED Title: Public Hearing to Receive Public Comment on the Fiscal Year 2025-2026 County Government Budget Brief Summary: Ms. Griffin and Ms. Meshaw will give the commissioners and public an overview of the 2025-26 Budget A Public Hearing is required per County Ordinance If the Board of Commissioners approves of the agenda item as presented, the following motion(s) is (are) suggested: Motion to Open the Public Hearing Motion to Close the Public Hearing BACKGROUND Originating Department Attachments: 1 2 3 Staff Contact: 4 5 REVIEWED BY County Manager County Attorney Clerk to the Board ACM/Finance Director Board of Commissioners County Manager/County Chris Chadwick, Chair Attorney Mark Mansfield, Vice-Chair Sharon D. Griffin Chimer Clark Keith Moore Clerkt to the Board David Quinn Lori R. Turner Chuck Shinn 1 Marianne CARD Waldrop PUBLIC NOTICE Carteret County 2025-2026 Fiscal Year Budget Public Hearing The Carteret County Board of Commissioners will hold a public hearing on Monday, June 2, 2025 at 6:00 p.m. The purpose of the public hearing is to receive comment on the fiscal year 2025-26 proposed budget. The proposed budget is $180,436,000 and the recommended general fund ad valorem tax rate is 23 cents per $100 assessed valuation. The meeting will be held in the Carteret County Commissioners Board Room, located on the second floor of the Carteret County Administration Building, 302 Courthouse Square, Beaufort, NC. A copy of the recommended budget is available for public inspection in the County Clerk's Office and also available on the County's website at wwcarteretounneos hek Chris Chadwick, Chairman Carteret County Board of Commissioners Carteret County Courthouse e 302 Courthouse Square e Beaufort, NC 28516-1898 wwwcarteretcounynegox PUBLIC NOTICE Carteret County 2025-2026 Fiscal Year Budget Public Hearing The Carteret County Board of Commissioners will hold a public hearing on Monday, June 2, 2025 at 6:00 p.m. The purpose of the public hearing is to receive comment on the fiscal year 2025-26 proposed budget. The proposed budget is $180,436,000 and the recommended general fund ad valorem tax rate is 23 cents per $100 assessed valuation. The meeting will be held in the Carteret County Commissioners Board Room, located on the second floor of the Carteret County Administration Building, 302 Courthouse Square, Beaufort, NC. A copy of the recommended budget is available for public inspection in the County Clerk's Office and also available on the County's website at w.caneretcounynegow Chris Chadwick, Chairman Carteret County Board of Commissioners My25,28,Ju1 CARTERET COUNTY Board of Commissioners Regular Item Meeting Date: VI. 2-Jun-25 Presenter: Sharon Griffin/Dee Meshaw/BOC CARTERET NORTHO CAROURA COUNT TY 1722 ITEM TO BE CONSIDERED Title: Continued Budget Discussion Brief Summary: The Board of Commissioners will ask questions, offer guidance to County Management on the Proposed Fiscal Year 2025-26 County Budget. Any Action on the Budget is at the Commissioners Discretion If the Board of Commissioners approves of the agenda item as presented, the following motion(s) is (are) suggested: BACKGROUND Originating Department Attachments: 1 2 3 Staff Contact: 4 5 REVIEWED BY County Manager County Attorney Clerk to the Board ACM/Finance Director CARTERET COUNTY Board of Commissioners Regular Item Meeting Date: VII. 2-Jun-25 Presenter: Board CARTERETG NORTH CAROLINA COUNT TV 1722 ITEM TO BE CONSIDERED Title: Adjournment Brief Summary: Ift the Board of Commissioners approves of the agenda item as presented, the following motion(s) is (are) suggested: Motion to Adjourn BACKGROUND Originating Department Attachments: 1 2 3 Staff Contact: 4 5 REVIEWED BY County Manager County Attorney Clerk to the Board ACM/Finance Director