- CARTERET COUNTY BOARD OF COMMISSIONERS REGULAR SESSION COMMISSIONERS BOARDROOM JUNE 16, 2025 6:00 P.M. I. Meeting Called to Order/Pledge of Alegance/nyocation Chairman II. Conflict of Interest/Cell Phone Statement Chairman III. Adoption of Agenda Board IV. Consent Agenda Board 1. Approval of the April 28th Budget Workshop Minutes 2. Tax Administrator's Report/Release & Refunds/ NCVTS Reports: a. Tax Administrator's Report for May 2025 b. May 2025 Release and Refund Reports C. May 2025 NCVTS Refund Report 3. Approval of the following Budget Amendments: a. $50,000 Appropriation of Civic Center Fees to Purchase a New HVAC Unit for that Facility b. $2,951,129 Transfer from the State Capital Grant Fund to the Jail Expansion Fund and Approval of the Moseley Architect Firm Contract C. $225,000 Appropriation of Funds for Inmate Medical Expenditures 4. Approval of the Davies Contracting Bid to Renovate the New Administrative Building Reception Area, $34,506 5. Approval of the Davis Contracting Bid to Renovate the Board of Elections, $36,104 6. Approval of the Pinam Construction Bid to Renovate the Ft. Benjamin Dugout, $66,404 7. Approval of the Pinpoint Fence Bid to Repair the Athletic Field Fencing at Western Park, $119,550.39 8. Approval of the G.A. Jones Construction Bid to Replace the Eastern Park Dugout Roof, $41,800 9. Approval of the Davies Contracting Bid to Replace the Canopy at the Health Department, $79,670.59 10. Approval of the R&T Power Systems Bid to Replace the Generator at the Health Department, $43,975.66 11. Approval of the Three-Year Contract with Total Insight Screening to Provide Employee Background Checks, and Drug/Alcohol Screenings, Do-Not-Exceed $150,000 12. Approval of the Engagement Letter Extension with Ward and Smith to Provide Legal Services Associated with the Coastal Barrier Resource Act 13. Approval of the Resolution to the NCDOT Supporting the Wayfinder Signage Installation by the Tourism Development Authority V. Recognition of the April, May, and June 2025 Nick Wilson Recipients of the Jaime Hicks Long Employee of the Month Award VI. Recognition of the Croatan Lacrosse Team State Commissioner Championship Quinn VII. Public Comment VIII. Manager's Report Sharon Griffin IX. Appointments Board Carteret County ABC Board Eastern Carolina Workforce Development Board Fireman's Relief Fund Board Hwy 70 Corridor Commission Carteret County Transportation Board Juvenile Crime Prevention Council Senior Center Advisory Board Zoning Board of Adjustment X. Commissioner Comments Board XI. Adjournment Accommodations for persons with disabilities may be made by contacting Lori Tumer, Clerk to the Board at 728-8450 CARTERET COUNTY Board of Commissioners Regular Item Meeting Date: I. 16-Jun-25 Presenter: Chairman Chadwick CARTERETG NORTHCAROLINA COUNTY 1722 ITEM TO BE CONSIDERED Title: Meeting Called to Order/Pledge of Alegiance/ivocation Brief Summary: Chairman Chadwick will call the Meeting to Order Recite the Pledge of Allegiance Chairman Chadwick will ask for the invocation Ifthe 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 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 Meeting Date: II. 16-Jun-25 Presenter: Chairman Chadwick CARTERET NORTHCAROUNA COUNTY 1722 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 Ift 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. Ifs 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 Meeting Date: III. 16-Jun-25 Presenter: Chairman Chadwick CARTERET No RTH CAROL COUNTY 1722 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 Board of Commissioners Regular Item Meeting Date: IV. 16-Jun-25 Presenter: Chairman Chadwick CARTERET NORTH CAROI COUNTY u 1 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 of the April 28, 2025 Budget Workshop Minutes CARTERET COUNTY BOARD OF COMMISSIONERS BUDGET WORKSHOP CIVIC CENTER April 28, 2025 1:00 P.M. Commissioners Present: Chairman Chris Chadwick, Vice-Chairman Mark Mansfield, Chuck Shinn, David Quinn, Marianne Waldrop, Chimer Clark, and Keith Moore Staff Present: Sharon Griffin, County Manager/County Attorney; Dee Meshaw, Deputy County ManagerlFinance Director; Matt Reynal, Assistant County Manager; Ben Haering, IT Director; and Lori Turner, County Clerk I. Meeting Called to Order /Invocation Chairman Chadwick called the meeting to order at 1PM. Vice-Chairman Mansfield offered the invocation. II. Carteret Community College Presentation Dr. Tracy Mancini stated she was thankful for the opportunity to talk about Carteret Community College's (CCC) accomplishments and budget requests. She offered background history on the college. CCC is a Top 10 community college in the U.S. This ranking is a great marketing tool for the college. Dr. Mancini offered highlights on the strengths of the college. Some of those strengths are the retention/completion rates, faculty/staff ratio, and cost. Tuition/fees are affordable. CCC is a mission driven institution. She quoted the mission statement. The college lives by that mission statement. CCC is now writing the 2025-2030 Strategic Plan. The college works well with the public-school system. Also have partnerships with the hospital, and marine sciences programs. CCC has 169 full-time staff, 160 part-time or adjunct staff. FTE (full time equivalency) for students equals 1924 curriculum hours. There are 42 acres on the main campus. Also own 6 acres on Laurel Road for fire training. CCC leases the land for the firing range. There are 12 Trustees on the Community College Board. The BOC appoints 4 of those members. Enrollment has grown this year. There are 7 gold medalists in Skills USA. Since 2022 CCC is a federal maritime workforce training and education institution. CCC works with boat captains and the ferry system. Ship building is a new workforce training program that CCC is looking at. CCC doubled the size of the nursing program in the last two years. CCC now has 100 nursing students. CCC started a surgical technologist program to assist with the need from the local hospital. Started the dental technologists program this year as well. CCC started barbering this year. In 2021, CCC added the culinary arts building. CCC has now tripled that program. This year CCC offered a living shoreline and commercial fishing academy. Dual enrollment with the public school is strong, with over 400 students enrolled. CCC is proud to do that because it reduces the cost for these families. The college also offers a reentry academy for prisoners. These people are screened and vetted by the Newport Detention Facility Warden. CCC staff also teaches programs at the prison. The college continues to have a strong transfer program for those who want to attend 4-year schools. As for the current budget, 54% comes from the state, specifically from the STE numbers. The county gives 20% of the total budget. $2.4M in capital from the county. $700K was emergency funds for the McGee Building HVAC repairs. Other funding are things like federal Pell grants. The Operating and Capital request for 2025-2026: CCC is expecting an increase for county funded staff salary increases to match state funded employee increases. The college does not know what that percentage is yet. There is an increase in health insurance costs. Contracted services have increased for maintenance contracts and utilities. It averages at 6% increase. Effective May 1st CCC will have a fire insurance increase. Per Dr. Mancini, we are asking for a 7% increase from what you gave us last year. For capital, CCC has completed 9 out of 10 priorities from the 2019 campus master plan. CCC has updated a 2025-2030 campus plan. The Transportation Tech Center is underway. That funding is coming from the state. CC finished campus signage upgrades. CCC added security key cards to buildings. CCC can electronically and remotely lock down all buildings. The McGee Building hvac piping is now complete. McGee is now the center place to welcome new students and get them started at our facility. The college also completed the renovation of Joslyn Hall. It had not been updated since constructed in 1972. The public safety training facility was completed on Laurel Road. CCC completed the Healthcare Simulation Center in 2024. The college put two mobile units at the Newport prison. The new master plan update includes completing the workforce center for construction trades. The McGee Building now has 5 bays for the automotive light diesel that we want to complete by 2027. The firing range needs upgrading for BLET. We want to expand aquaculture opportunities. The McGee Building deferred maintenance is still required. We have implemented an interactive method for tracking all of the equipment in our facilities to track deferred maintenance and needs. So, we are asking for $1.750M in capital. Vice Chairman Mansfield asked how many nursing students get funded directly from the hospital. Dr. Mancini responded that there are 14 total scholarships. Commissioner Clark asked if the vehicle needs are repairs or replacements. Replacements per Dr. Mancini. He then asked what is the highest priority? Dr. Mancini responded that deferred maintenance on things that break was the answer and proceeding with the one door project in McGee. We are writing grants to help with the One Door at McGee. CARTERET 4 da CARRE Carteret Community College CARIEREI Ubantand202520201 Carteret County Boardof Budget Commissioners Requestintormation Seminar Monday. Apr128,2025 CARTERET M M JNI COLLEGE smartasset Top 10 "Best Community Colleges in the US" Four out of the last five years, according to SmartAsset Rankings 2020 (#4), 2021 (#3), 2022(#2), 2024(#9) CARTERET 1 Mission-Driven Carteret Community College serves eess empowers our students gnd, codtg community by providing high-quglit)-edhc - kion, workforce training, and lifelong enrielment in an innovativaancr inçlusive learning environment. Stude Small but Mighty 169F Full-time Headcount 160Parktime/Adjunct 1924Curriculum FTE (full time equivalency) 4000Workforce Continuing Education FTE annually (duplicated) 42A Acres on Main Campus Other owned land includes Laurel Road Public Safety Training Facility and West Carteret Library sites Leasedi land includes Firing Range at 200 White Taill Drive in Newport 12Voting Trustees (4 appointed by Commisioners8byt Legislature) CARTERET 43of58i in FTE Lastt two statewide SGA Presidents from Carteret CC SkillsUSA: one of 24 Models of Excellence Schools; competing for top 3inJ June Federal MARAD Distinction: Center of Excellence for Maritime Workforce Training: andE Education CARTERET &5 Program Highlights Expandedi Nursing Program (100 students) Starteds Surg Tech and Dental Started! Barbering 20210 Culinary Building Tripled Enroliment in both CU andCE UMings Shoreline Academy, Commercial Fishing Academy DualE Enrollment/Career and College Promise CCP Re-entry Construction Trades Academy IDDPrograms for Teens and Adults Strong Transfer Programs (C-STEP, Pirate Promise, Pathways to Excellence, Bronco Benefit, WCU, and more) CARTERET W 2024-2025 Budget Composition CARTERET COMMUNTYCOLIEGE 2024-2025 BUDGET nati on 2N 156.146208 CeunyCapitl 8N52,424 188) State 5N1517271239) Courty Operating 12N(53,415,0001 CARTERET County Operating Budget Request ("Approved by BOT April 9, 2025) County Operating! Budget ERequest FY2025 FY2026 Percent Operating! Budgeto Ctegory ApprovedB Budget Budget Request Change Generall Institution & Administration $1.950,000.00 $2,050,000.00 5.13% Contracteds Services, Service Agreements & Repairs $495,000.00 $525,000.00 6.06% Utilities $660,000.00 $704,000.00 6.67% Insurance & Bonding $310,000.00 $375,000.00 20.97% Total Operating Request $3,415,000.00 $3,654,000.00 7.0056 $239,000 requested increase 2020 - 2030 Campus Master Plan HCAC and BRCC Opened in 2021; Living Shoreline & Walking Trail Completed 2022 Transportation Technology Center (underway 2025) V Campus Signage and Room Numbering complete; security key cards % complete and underway Wayfinding Updated McGee HVAC/Piping Replacement Completed 2025 and One-Door Renovations (McGee) Underway V Joslyn Hall Updated 2024 V Public Safety Training Facility Completed 2023; Mobile Classroom completed in 2025 V Health Care Simulation Center Completed 2024 Newport Corrections Center Mobile Classroom Upgrades Completed 2025 2025-2030 Campus Master Plan Complete Workforce Center for Construction and Transportation Trades 2026 Update McGee South Wing for Automotive-light Diesel 2027 Begin Historic Preservation of Carteret Tire 2027 Complete McGee One Door 2027 Fundraise/ /Begin Firing Range II Upgrades 2027-2028 Begin Fire Academy Prop Circle/Natural Burn Updates 2026-2027 Fundraise for Outdoor Learning Pavilion Behind McGee 2028 Identify Aquaculture Expansion Opportunities Tackle Deferred Maintenance Systematically CARTERET 5 Built in 1972: McGee Building Deferred Maintenance Needs $68,000 $300,000 $170,000 CARTERET 4b Built in 1972: McGee Building Deferred Maintenance Needs Refurbish 10 air handlers, coil replacement, fan motors and fan wheels $20,000 $1,000,000.00 Eadhaust spes -lige - wrty DBK HC4 Fine S 22. M D ERE FKFA TED A K New Tracking Tools for Accountability Deferred Maintenance Tracker: hitps/lemaicarteret. sharepoint. misAoIPsIaMantmanetisthinan PTENCESEeODSPAEANINS Docusketchi for McGee Building: CARTERET MAmasswisAadaeszaihemae 028b7227-375C- 4405 BBB2949978ca21a8 County Capital Budget Request (*Approved by BOT Finance Committee April 21, 2025; Up for Full BOT Vote May 14, 2025) County Capital Budget Request Category FY2026 New Construction McGee One Door $1,000,000.00 Maintenance Plan Projects $675,000.00 Vehicles/Other Equipment $75,000.00 Total Capital Request $1,750,000.00 III. Carteret County Public School System Presentation Richie Paylor stated he was thankful to be with the Board today. He gave some history and trends of the school system. Per Mr. Paylor, we have zero low performing schools. Our students work as 170 interns in 120 businesses throughout the county. Carteret County Public School System is a Purple Star meaning we are a military friendly system. The School System currently has 7,750 students enrolled. 66% of those students are considered economically disadvantaged. 158 students are considered homeless. Public education has changed drastically over the last few years. We have 20% of kids that are chronically absent students. 29% increase in behavior incidents since 2022-23. There has also been an increase in mental health needs among our students. There is a low teacher turnover rate in Carteret County. Most turnover comes from retirement or military spouse relocation. The annual Teacher Worker Condition Survey says that 94% of teachers like their schools and are satisfied in what they do. Testing proficiency has been level around 66% post covid. Schools are meetinglexceeding growth measures on how much we have taught a kid. This past year that rate was 68%. We are concentrating on this stat. Class sizes are getting a little bigger. Struggles with behavior and mental health needs are increasing. Commissioner Waldrop asked what grades have the biggest issues. The answer was middle school, per Mr. Paylor. Commissioner Clark asked about the suicide screening numbers. Did that include actual attempts? The answer is no. It is kids who report concerns about their peers or key words being used on Chromebook. The school system has lost over 12 positions due to the ending of ESSER Funds. Commissioner Clark asked why class size are increasing. Answer is reduction in teachers, per Mr. Paylor. Julie Bernotski, Chief Finance Officer, presented the budget for consideration. She said we don't know what the funding from the state will be. But we do know the cost of retirement and health costs are increasing. We also have non-inflationary increases for utilities and insurance costs for property insurance. Charter school costs are increasing. Contractor custodial costs will increase because the footprint of our schools has increased. School Resource Officer funding for one position was not funded and the school system had to cover that cost. As for Capital, the school system is asking for more funding because of normal maintenance, but also for Chromebook replacements. We are doing that for three grades at a time and the new Chromebooks are traveling with the students as they progress through the grades. The operating request is over $32M to maintain what we have. Richie Paylor returned to say the Board of Education passed our budget request. A teacher supplement was discussed as well as non-certified supplement increases and funds to cover this. Also discussed coaching supplements. Commissioner Clark asked Ms. Bernotski about the virtual student cost rate, who determines this. Ms. Bernotski said it is a calculation. The virtual and charter school enrollments are increasing. Board of Education (BOE) member, Kathryn Chadwick asked for 10% more in the budget just to stay flat. This new budget is built with a 3% pay increase for teachers. BOE member, Clark Jenkins, said this county is growing and we need to focus on getting young families here to build our schools. We are losing teachers who can't afford to live here. CARTERET = COUNTY UBLIC GTGOL FYETEM ICEI art teret K 12 T nange a a C 6 00 Is. o CAMTENEVTCOuNTY SYSTEM ACCOMPUISHMENTS Through local support.. CCPS consistently ranks #1 in the Southeast Region in all academic areas CCPS has ZERO low performing schools . CCPS consistently ranks in the top 15 out of 115 districts in NC in reading, math, and science proficiency CCPS students earned 3,167 industry credentials in the 23-24 school year CCPS had 170 student interns across 120 local businesses CCPS is a Purple Star District reçognized for ppongaypueng and families CANYENEACOUNr Meet OUR Students 7,750 Students 5,193 Students (66.79) Economically Disadvantaged Students 158 Students (2%) Homeless Students 1,052 Students (13.5%) Exceptional Children Students 393 (5%) 504 Students 1,033 (13.3%) AIG Students 285 (3.8%) English Learners 213 (3%) Pre-Rstudents 1,579 (20.1%) Chronically Absent Students Missodo% or more of enrolled days 1,556 (29%) Increase in Behavior Incidents since 22-23 113 (94%)Increase in Mental-Health Screeners since. 23-24 CARTERETS - COUNTY 1IC cIoo TEM Teacher Experience TeacherTurnexer Rates Teacher Voice 94. 2% be lleve th ir nool is 0-3 Vears: 9% good place to wor rk 4-10 Vears: 19% 22-23 10.41% 93% are proud to work at their 11-19 Years: 35% school is 20-25 Years: 22% 23-24 /. 1% 92% wou ld d their hc ol 25 Vears: 1 4% 90% to parents know they are an impor tant part of their school OUR WORKFORCE, OUR STRENGTH: EXPLORING THE MAKEUP OF OUR WORKFORCE AND THE PERCEPTIONS THAT SHAPE OUR CULTURE CARTERET COUNTY Post-Covid State Testing Proficiency State Region Carteret 2021 61 2022 2023 I - 2024 - - 20 ARTERET T % of Schools Meeting/Exceeding Growth State Region Carteret 100 75.1 68 75 50 25 2019 2020 2021 2022 2023 2024 CARTERET COUNTY These districts are Comparable NC District Data 23-24 comparable to our: Median Household 100 Camden income Carteret % of Adult Population Currituck with College Degree 75 Population Density - la di % Economically - Moore % Disadvantaged Minority Students 60 - Pa am % Beginning Teachers - Pender % Inexperienced - Polk Principals 25 %1 English Learners Local Per Pupil Expenditure Total Average Daily Proficiency % of Scnoois Met/E> Growt Membership Elementary Class Size Average Middle School Class Size Average tat 23-24 High School Class Size Average Regien - Dar rte CARTERET COUNTY CCPS Behavior and Mental BI 001 TEM Health Needs 2324 24-25 224 a 2435 8000 79 110 298 Discipineincid der Behavior Referals Suicide Screeners Thest Asseser m CARTERET COUNTY Total Number of Positions Lost Due to Budget Shortfall 15 125 0 20-21 21-22 22-23 23-24 CARTERE ETCOUNTY What does the data and research tell us? CCPS continues to lead in the region, but the gap is narrowing Class size is increasing Proficiency is stagnant Academic growth is declining Increased demands on classroom teachers due to students behavioral and mental health needs Research supports smaller class size improves student outcomes because the TEACHER has the opportunity to provide focused: o Attention o Support o Opportunity Local funding is ESSENTIAL in ensuring continued success for our students, staff, and community CARTERET COUNTY UALIC cno OL EM Non-Inflationary Increases Property Insurance 10% increase plus 3% increase on building valuations from 23-24 to 24-25 New additions added at CHS and BCMS 10% increase plus 3% increase on building valuations from 24-25 to 25-26 New addition added at WCHS . Expected increase in costs from 23-24 to 25-261 to be around! $250,000 Charter School Costs o Additional schools now counted as Charter Schools Calculation per student has increased a Allotted fundingi inj past has been $600,000 a Facing costs of $844,000 in 24-25 Contracted Custodial o Additional square footage added . Costs expected toi increase almost $100,000 SRO Addition o State Grant giventof fund SROs all but one funded this year a Adds $36,666 to local budgett to maintain SRO position CARTERET COUNTY 2025-2026 CAPITAL BUDGET REQUEST Capital Budget Request Painting $797,563 Flooring $190,000 Repairs & Renovations $1,386,000 Furniture & Equipment $507,270 Technology $1,172,424 Vehicles & Buses $315,000 Total Capital Request $4,368,256 CARTERET COUNTY rusl EM 2025-2026 OPERATING BUDGET REQUEST Change from Actual 2024-2025 2025-2026 Budget Actual 2023-2024 Revenue Source Revenue Request Revenue Local Sources General (County Appropriation) $28,530,000, $31,457,954 $2,927,954 Appropriations Charter Schools $600,000 $857,580 $257,580 Totals $29,130,000 $32,315,534 $3,185,534 CARTERET - COUNTY UBI I TE Additional Budget Items Certified Supplement Increase - Currently 7.75% Increase to 8.25% Need additional: $273,144.00 Increase to 9% Need additional $626,824.10 Increase to 10% Need additional $1,098,397.57 Non-Certified Supplement Increase - Currently. 3.75% o Increase to 5% Need additional $112,628.41 Coaching Supplement Increase o Increase 5% Need additional $81,119.55 The success of our schools is not accidental - it's the result of deliberate investment in our people. Our educators, support staff, and leadership teams are the foundation of student achievement. To maintain the high level of performance our community expects and our students deserve, we must sustain our current staffing levels. Without continued funding, we risk losing the very human capital that drives our success. Investing in our staffis not just a cost - it's a commitment to educational excellence, long-term impact, and the future of our children. CARTERET COUNTY Engagl 71 ducte Emponer "PUBLIC SCHOOL SYSTEM". froi Cédarisland toCedar Point Thanks for supporting our future graduates & citizens... CHS Capital $4,368,256 Operating $32,315,534 CARTERET COUNTY Engage 20 ducate PUBLICS Empoer CHOOLEYSTINE froif Cédarisland to Cedar Point IV. Moffatt & Nichol Presentation Douglas Huggett with Moffatt & Nichol stated the Hwy 24 boat ramp project has been extremely complicated. There have been state and federal issues. The biggest problem is when the county worked with the Coastal Federation to purchase this property, the county did its due diligence and knew there were sea grass issues, but we believed that a channel could be built without disturbing sea grass. But now there is sea grass everywhere. It will be the biggest public boat ramp facility in the state. We had to develop a sea grass medigation plan just to apply for permits on this project. Division of Water Resources (DWR) kept sending requests for more information. Dissolved oxygen in the basin was ok we thought, but the DWR found fault with the dissolved oxygen percentage. We now have a plan and we will wait until the basin is under construction then monitor the dissolved oxygen in the basin. If we are not meeting the standards we will have to install an aerator. We think all issues are now met. Once boats start coming in and out of the basin it will help aerate the basin. We did obtain the CAMA and Division of Water Resources permits. We now have all state permits. Now we work on the Army Corps of Engineers permits. Commissioner Clark asked if we had to install an aerator what would it cost? Mr. Huggett responded $27K is the estimate for initial install. Coastal Fed said they would monitor the oxygen level for us. The Army Corps of Engineers have a federal permit requirement. They had to wait for the state to complete permitting. Chairman Chadwick said that is not true. There are federal people in Wilmington who could have started the permitting process concurrently with the state. Endangered species surveys were necessary to help with the state permitting. This is where the corp of engineers is now. They are reviewing these surveys. Mostly to not affect species of bats. Chairman Chadwick asked if Congressman Murphy's office has reached out to Liz Hair, with the Army Corps of Engineers in the Wilmington office. Mr. Huggett responded yes. There is a cultural resource (Indian artifacts/deceased Indians) issue. This is done with the state through a contractor. We didn't see anything that alarmed us. We were surprised when the Corps of Engineers asked for more surveys. Mr. Huggett said we were ok with the state, but the Corps coming in stronger is a loss to him. Never seen this before. We are asking Congressman Murphy's office for help. Guessing a time frame for a federal permit, this could take another 3-6 months for endangered species but no clue on how long cultural resources could take in terms of time frame. If not for the benefit & need of public use, this project would have been killed. Chairman Chadwick asked if Moffatt & Nichols has a lobbyist to help. No, not that Mr. Huggett is aware of was the response. V. Adjourn Commissioner Clark made a motion to adjourn. Seconded by Commissioner Moore. The vote was unanimous. IV. Consent Agenda 2. Tax Administrator's Report/Releases & Refunds/NCVTS Reports a. Tax Administrator's Reports for May 2025 Carteret County Tax Administration Tax Administrators Report as of May 31, 2025 2024 Tax Levy Details (County Only): Total Levy: $56,308,970.71 Total Collected: $55,679,542.91 Uncollected: $972,495.76 Total Collection Rate as of May 31, 2025: 98.29% 2014-2023 10-Year Tax Levy Details (County Only): Total Collected for prior years through May 31, 2025: $1,030,767.35 MONTH END MAY 2025 CURRENT YEAR ONLY MONTH END MAY 2025 PRIOR YEARS Carteret County Tax Administration - - 302 Courthouse Square Beaufort, North Carolina 28516-1898 IV. Consent Agenda 2. Tax Administrator's Report/Release & Refunds/NCVTS Reports: b. May 2025 Release and Refund Reports Carteret County Tax Administration May 2025 Release and Refund Report All Jurisdictions As of May 31, 2025 May 2025 (AII Jurisdictions) Total Releases: $8,668.40 MAY 2025 RELEASES Total Number of Refunds: 23 Total Amount in Refunds: $2,516.35 MAY 2025 REFUNDS Total Number of Solid Waste Releases: 4 Total NCVTS Refunds: $4,205.41 Carteret County Tax Administration - 302 Courthouse Square Beaufort, North Carolina 28516-1898 IV. Consent Agenda 2. Tax Releases/Refunds/Collector's Report C. 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Consent Agenda 3. Approval of the following Budget Amendments: a. $50,000 Appropriation of Civic Center Fees to Purchase a New HVAC Unit for that Facility CARTERET COUNTY FINANCE Denise H. Meshaw, CPA Tel: (252) 728-8410 Deputy County Manager Fax: (252) 728-0133 Finance Department dem@careretounypnegox ww.caneretrounyncgow A RO To: Board of Commissioners From: Dee Meshaw, Deputy County Manager Date: June 16, 2025 Subject: Civic Center HVAC Budget Amendment Attached for your consideration is a $50,000 budget amendment appropriating Civic Center fees for the purchase of a replacement HVAC unit. The contract for the HVAC was approved by the Board of Commissioners during the May meeting. The attached budget amendment is recommended for your approval. Carteret County Finance . 210 Turner Street . Beaufort, North Carolina 28516-1898 Carteret County Budget Amendment Fiscal Year 2024-2025 Department: Civic Center Date: 6/16/2025 Justification: Appropriate Civic Center fee revenue for the purchase of HVAC system approved at May BOC meeting. Fund Description Account Number Increase General Fund 110 Civic Center Fees 110.80.3616.400 50,000 Total Increase in Revenues 50,000 General Fund 110 Civic Center Maintenance 110.80.6160.35000 50,000 Total Increase Expenditures 50,000 Approval Chairman, Board of Commissioners Date: IV. Consent Agenda 3. Approval of the following Budget Amendments: b. $2,951,129 Transfer from the State Capital Grant Fund to the Jail Expansion Fund and Approval of the Moseley Architect Firm Contract of the Office Skerif ASA BUCK P.O. Box 239 SHERIFF BEAUFORT, N.C. 28516 2UN (252) 504-4800 FAX (252) 504-4818 To: Carteret County Board of Commissioners From: Sheriff Asa Buck Subject: Service Agreement with Moseley Architects for Jail and Public Safety Complex Site Work and Design Date: June 16, 2025 In January Carteret County Finance sent out an RFQ (Request For Qualifications) seeking responses from qualified architect firms with experience in jail and public safety projects. Two responses were received by the due date of March 31, 2025. A review committee was formed and both submissions were reviewed. Moseley Architects was selected by the review committee to recommend to the Board of Commissioners for selection as the architectural company to oversee the Carteret County Public Safety and Jail Complex project. In your agenda packet behind this memo you will find a Service Agreement with Moseley Architects for site work on county owned property and facility design. The service agreement is limited to 2.95 million dollars. A budget amendment is attached as well to transfer $2,951,129.10 in funds from the state capital grant fund to the jail expansion fund line item. Additionally, please see a copy of the RFQ proposal submitted by Moseley Architects in the attachment. Moseley was originally engaged by the county in 2009 for the initial Jail and Sheriff's Office space needs study and again in 2018 to update the original study. Carteret County Budget Amendment Fiscal Year 2024-2025 Fund: Jail Expansion Fund Date: 6/2/2025 Justification: Allocate state grant funding for jail expansion project to project fund. Fund Description Account Number Increase Jail Expansion Fund 475 Transfer in State Capital Grant Fund 475.98.3980.915 2,951,129 Total Project Fund Revenues 2,951,129 Jail Expansion Fund 475 Design 475.10.8125.61000 2,951,129 Total Project Fund Expenditures 2,951,129 State Capital Grants Fund 415 Jail Expansion 415.10.8110.82000 415 Transfer to Other Funds 415.98.9800.90000 2,951,129 Total Net Change Project Fund Expenditures Approval Chairman, Board of Commissioners Date: AGREEMENT FOR SERVICES & THIS AGREEMENT FOR SERVICES ("Agreement) is made this Jof[ 2025 (the "Effective Date"), by and between the County of Carteret, a North Carolina municipal corporation (the "County"), and Moseley Inc., a ("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 (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: SECTIONI. 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 II. 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-i.e., "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 of the State of [SERVICE PROVIDER'S STATE OF RESIDENCE)". A. Provision of the Services- Service Provider will provide the Services in accordance with the terms and conditions of this Agreement. [Type here] 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 $2.9 Million Dollars. 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 III. 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. The Service Provider shall perform its Services consistent with the professional skill and care ordinarily provided by service providers practicing in the same or similar locality under the same or similar circumstances. The Service Provider shall perform its Services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. 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 Exhibit 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 shall 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. 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. 5. 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. 6. 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 upon payment in accordance with the terms of this Agreement. To the extent that any of the Deliverables do not constitute a "work made for hire", Service Provider, upon payment in accordance with the terms of this Agreement, thereby irrevocably assigns, and shall [Type here] 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 world 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 appliçable 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. 7. 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. 8. Service Provider's right to reimbursement for travel costs, if any, will be addressed in the compensation provisions set forth on Exhibit A. 9. Service Provider shall comply with all applicable construction specifications and policies provided to it by the County prior to the commencement of Service Provider's provision of Services. 10. Prior to provision of the Services, Service Provider shall, by written notice to the County, designate a 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 reasonably 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. 11. 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 [Type here] 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 Services performed in accordance with the terms of this Agreement 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 good cause, 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 shall 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. [Type here] SECTION VI. INSURANCE AND INDEMNIFICATION A. Insurance Coverage The Service Provider, 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- Service Provider proposals may have generic insurance certificates inserted illustrating coverage limits available to the Service Provider. Following the notice of award, the Service Provider shall provide the County with certificate(s) of Insurance on all the policies of insurance and renewals thereof in a form(s) reasonably 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 indemnify, and hold harmless the County and its officers, directors, employees, successors, and permitted assigns (each, an "Indemnitee"): from and against losses, damages, liabilities, deficiencies, judgment, interest, awards, penalties, fines, costs, or expenses, including reasonable attorneys' fees and the cost of defense (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 negligent performance of Services set forth in this Agreement. 2. Intellectual Property Indemnification- Service Provider shall defend, indemnify, and hold harmless the County and its officers, directors, employees, successors, and permitted assigns from and against all Losses based on infringement of the Services (or related Deliverables) on 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 or 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. [Type here] 3. The County and Service Provider shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, indemnity or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than ten (10) years after the date Service Provider last performed Services pursuant to this Agreement. The County and Service Provider waive all claims and causes of action not commenced in accordance with this Section VI.A.5.3. 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. If this Agreement is terminated by the County pursuant to this Section VII.B, Service Provider shall be paid for the portion of Services performed in accordance with the terms of this Agreement through the effective time of such termination. C. 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 VIl, 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 VIL.E and Section I.B, Section IIL.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 of this Agreement, will survive any such termination or expiration of this Agreement. SECTION VIII. SERVICE PROVIDER'S AGREEMENTS A. A. E-Verify. Service Provider represents to the County that it currently complies with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, and agrees that at all times during the Term, it will continue to comply with these requirements. Service Provider also agrees 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 this Section VIIL.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. [Type here] C. Skill, Title, Non-infringement, and Conformity with Specifications. Service Provider further agrees with the County that: 1. it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with 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, upon payment in accordance with the terms of this Agreement; 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 Information to any third party without the prior written consent of the County; provided, however, that Service Provider may disclose 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 disclosure 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. [Type here] E. No Debarment. Service Provider represents to the County that Service Provider is not currently (a) under sanction, exclusion, or investigation (civil or criminal 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 Exhibit 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. [Type here] 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 of 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. G. Equitable Relief. Each Party acknowledges that a breach by a Party of Section III.A.8 or Section VIII.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 entitled 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): Ifto the County: The County of Carteret Purchasing Department 302 Courthouse Square Beaufort, NC 28516 Ifto Service Provider: [Type here] Moseley, Inc. 6210 Ardrey Kell Road Suite 425 Charlotte, NC 28277 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 continue to pay Service Provider 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. [SIGNATURES BEGIN ON THE NEXT PAGE] [Type here] IN WITNESS WHEREOF, this Agreement is entered into by the Parties as of the Effective Date. The County of Carteret By: Name: Title: Preaudit Certificate This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Dee Meshaw, Deputy County Manager Service Provider: If Service Provider is an entity: If Service Provider is an individual: Moseley Inc. By: badB Mavia Signature Name: Todd B. Davis Print name: [LEGAL NAME OF SERVICE PROVIDER] Title: Vice President Service Provider's address for notices: Attn.: Exhibit A - - PROPOSAL FOR Carteret County Jail, Sheriff's Office, and Public Safety Complex RFQ No. 001-01 March 31, 2025 Contents 1 Responders' Certification Form and Notarized Non-Collusion Affidavit 2 Introduction 3 Cover Letter 4 Experience 5 Project Team 6 Construction Administration Service Delivery Model 7 Local Construction Company Participation 8 Current Ongoing Projects 9 Previous Experience 10 Consultants 11 Willingness to Affiliate with Minority, Woman-Owned, or Disadvantaged Businesses 12 Quality Control and Assurance Processes 13 Litigation 14 Hourly Billing Rates 15 Willingness to Sign Agreement for Design Services Moseley Architects 1 Responders' Certification Form and Notarized Non-Collu- sion Affidavit Responders' Certification Form and Notarized Non- Collusion Affidavit NON-COLLUSION AFFIDAVIT State of North Carolina RFQI No. 001-01 County of Carteret Todd Davis, CJE, NCCE being first duly swom, deposed and says that: 1. He/She is the Vice President (title) of Moseley Architects, PC firm's name), The responder that has submitted the attached response; 2. He/She is fully informed respecting the preparation and contents of the attached response and of all pertinent circumstances respecting such response; 3. Such response is genuine and is not a collusive or sham response; 4. Neither the said responder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other responder firm 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 of communication 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 fix 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 any advantage against the County of Carteret or any person interested in the proposed contract. ndoas Wo Signature Vice President Title Moseley Architects Responders' Certification Form and Notarized Non- Collusion Affidavit RESPONDER'S CERTIFICATION FORM Ihave carefully examined the Request for Qualification; the sample Agreement for Design Consultant Services and any other documents accompanying or made a part of this Request for Qualifications. hereby propose to furnish the professional design consultant services for Carteret County in accordance with the instructions, terms, conditions, and requirements incorporated in this Request for Qualification. I certify that all information contained in this response is truthful to the best of my knowledge and belief. future certify that am duly authorized to submit this response on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract. NAME OF FIRM: Moseley Architects, PC BY: (printed name) Todd Davis, CJE, NCCE, Vice President SIGNATURE Jood 63 Wanb MAILING ADDRESS: 6210 Ardrey Kell Road, Suite 425 CITY/STATE/ZIP CODE: Charlotte, NC 28277 TELEPHONE NUMBER: (704) 540-3755 FAX NUMBER: N/A ACKNOWLEDGEMENT OF ADDENDA Responder hereby acknowledges receipt of all Addenda through and including: Addendum No. Date Acknowledgement Moseley Architects Responders' Certification Form and Notarized Non-Collusion Affidavit NOTARIZE Kerry LI Petrie Notary Public Union County Subscribed and swom to before me, North Carolina This 24y dayof Mach 2025 (Seal) Notary Public 0 MA Tatve My Commission Expires: OCtoli 3, a028 AGREEMENT FOR DESIGN CONSULTANT SERVICES BETWEEN COUNTY OF CARTERET AND PROJECT: Carteret County Jail, Sheriff's Office and Public Safety Complex DATE: Moseley Architects 2 Introduction Introduction BEEET FIRM INFORMATION Principals of the Firm and States of Registration Moseley Architects isl ledbyasprincipals. Our Charlotte Firm Name, Address, Telephone, Fax Number, and Raleigh offices house the following. We will gladly Contact Person, and E-mail Address provide principals from our other offices upon request. Moseley Architects 6210 Ardrey Kell Road, Suite 425 State Registrations Principal Charlotte, NC 28277 - Todd Davis, CJE, NCCE Managing N/A Tel: (704) 540-3755 I Fax: N/A Principal for Carteret County Contact Person: Todd Davis, CJE, NCCE Jason Hopkins, AIA Project VA Email: daviemoalgyarchiction NC, SC, TN, Manager for Carteret County North Carolina License Numbers Steve Nally, Associate AIA Architecture: 50149 Construction Contract Administrator N/A for Carteret County Engineering: C-3469 NC, AK, AR, CT, CO, DE, Josh Bennett, AIA FL, IL, KY, MD, MI, NJ, Year Established and Former Firm Names NY, SC, VT, VA Moseley Architects was established in 1969. Ashley Dennis, AIA NC Former Names Year/s) Moseley Wilkins & Wood (NC and SC offices) 2002-2004 Bill Laughlin, AIA NC, WV GA, MD, SC, VA, Moseley Harris & McClintock 1997 NC,SC Suzanne McDade, AIA The McClintock Group 1995 The Moseley Group 1988 Moseley Hening & Associates 1974 ABOVE Moseley Architects is currently partnering with Cleveland County on William Ward Moseley 1969 its new justice complex. The new facility will include a 460-bed detention center, a courthouse, and a law enforcement center. Moseley Architects Introduction B TYPES OF SERVICES FOR WHICH THE FIRM IS QUALIFIED ABOVE Moseley Architects' justice team provides clients with realistic design solutions that effectively address operational and security needs. Our comprehensive justice team includes architects; former detention administrators; security systems control systems. This background is essential when de- designers; interior designers; mechanical, electrical, detention plumbing, and fire protection engineers; structural en- signing new facilities. Our cost-effective gineers; and sustainability coordinators. This interdis- security solutions deliver long-term efficiency. ciplinary approach to law enforcement and detention Compliance with PREA Standards design prioritizes safety, security, and cost effectiveness. Our professionals are well-versed in cross-gender Services supervision, line of sight, inmate separation, security Specialty Interdisciplinary technology, and building recommendations addressed Operations Planning and Transition in standards issued by the Department ofJ Justice (DOJ) Planning for a new detention facility means more than related to the Prison Rape Elimination Act (PREA). moving into a new space. For Carteret County, staff Our designs include the use of natural and artificial recruitment, certification and training, and preparation light, one- and two-way glass, and security surveillance for modern technologies may be necessary. technology to improve sight lines and promote each Todd Davis, CJE, NCCE, our managing principal and agencyszero-tolerance policies. justice facility planner, provides our clients with staffing and operations planning, activation, and transition Furniture, Fixtures, and Equipment Experience services. He has assisted over 50 county agencies with Our interior design team will prepare furniture layouts jail operations and staffing, planning for renovated, ex- along with furniture specifications for the procurement panded, and new jails, feasibility studies, and transition of furnishings. We have experience providing these consulting. Todd also brings experience as a major with services on dozens of law enforcement and detention the Alamance County Sheriffs Office and as an instruc- facility projects. tor for the National Institute of Jail Operations and We will also work with furniture manufacturers and the National Sheriff's Association. His jail operations vendors to see that proposed products meet require- expertise is crucial for translating needs and missions ments and their intended use. Furthermore, we will into a final building program. monitor the furniture cost estimates during the design process to see that selections are within the required Security Systems Design budget allocations. Moseley Architects offers considerable expertise in the analysis, planning, engineering, design, and construc- tion contract administration of integrated security Moseley Architects 2 3 Cover Letter MOSELEYARCHIECIS 6210 Ardrey Kell Road The Hub at Waverly, Suite 425 Charlotte, NC 28277 P: (704) 540-3755 March 31, 2025 Re: Professional Archirecmuma/Engnering Services Carteret County Jail, Sheriffs s Office, and Public Safety Complex Ms. Ashley Bennett, CLGPO, Purchasing Agent Carteret County Government 210 Turner Street Beaufort, NC 28516 Dear Ms. Bennett and Members oft fthe Selection Committee: For years, the Carteret County Detention Center has suffered from overcrowded and outdat- ed conditions. A new detention center is needed to address the rising inmate population and operational needs. The county has studied the existing facility since 2009, and conditions necessitate improved safety and efficiency for sheriff's administrators, offiçers, inmates, and visitors. Moseley Architects is eager to offer cost-effective, secure, and efficient solutions for this project, aligning with the sheriffs office's mission to preserve the peace and provide the highest level ofethical services for all Carteret County citizens and visitors. As you consider a partner for this important endeavor, the following attributes distinguish our team: Carteret County Familiarity-We have a history of effective collaboration with your county administration and sheriffs office leadership. Our experience includes the original study of your detention center in 2009 and an updated study in 2018. Our excellent working relationship with the county provides significant insight into your specific needs as well as local codes and regulations, making reviews and approvals more efficient. Vast Experience with Detention, Law Enforcement, and Public Safety Projects-We have in-depth knowledge oflocal, state, and national regulations for housing adult offenders. Over the past decade, we have provided planning and design services for over 200 detention facilities, many of which included sheriff's offices and dedicated public safety areas such as 9II and emergency operations. In North Carolina, this includes well over 50 percent of new construction and expansion projects during this time. As a result of this extensive experience, Building Design d Construction recently ranked our firm fourth among justice facility architectural and engineering firms in the nation. Interdisciplinary Resources-Our local staff includes architects and engineers, security systems designers, interior designers, and construction contract administrators who specialize in law enforcement detention facilities. Their interdisciplinary approach to justice facility design prioritizes safety, security, and cost effectiveness. Our firm also includes three detention facility planners who have served as former ad- ministrators of detention facilities. These professionals collaborate with our architectural team to lend their operational knowledge, which is invaluable to the complex process of interpreting needs and missions into a final building program. Designing solutions. Building trust. Enriching lives, Page 2 Local Parinerhips-Through our detention and law enforcement-focused planning and design process, we will partner with Carteret County to identify your project goals, explore alternative concepts, analyze advantages and disadvantages, and ultimately gain stakeholder buy-in. Sheriff Buck and your law enforcement and detention facility's stakeholders will be actively involved in a series ofinteractive planning meetings through this collaborative outreach process. This fosters group consensus by nurturing relationships and resolving differing opinions. By submitting this qualifications package, we confirm that the elements oft the RFQ have been reviewed and understood. We welcome an opportunity to meet with your selection committee to discuss your project in detail. Ifwe may provide further information, please contact me at (704) 540-3755 or at daiemaigaahiscom Sincerely, badt B avia Godd B. Davis, CJE, NCCE Managing Principal Designing solutions. Building trust. Enriching lives. 4 Experience Experience mu PROJECT UNDERSTANDING ABOVE Completed in 2022, Johnston Countys new 469-bed detention centeri is the result of years of planning due to overcrowded conditions in one We understand that Carteret County is seeking archi- of North Carolina's fastest growing counties tectural and engineering services for the design ofa new jail, sheriffs office, and public safety complex that will In the last IO years, this includes: replace the existing facility, which was constructed in 1995 for II6 inmates. The county's population boom 44 new facilities (23 in North Carolina) quickly outpaced the jail's capacity within years of its 96 renovations and expansions (41 in North completion. The problem was worsened by an insuf- Carolina) ficient space for women, whose numbers in criminal 1O5 studies, master plans, and consultancies (24 in cases have risen. Exacerbating existing issues is the North Carolina, including the Carteret County Jail growing number of special purpose inmates needing needs assessment) constant attention from jailers, including inclusive or more restrictive environments. This necessitates more Our extensive experience gives our firm a command of national trends and best practices that will ben- adaptable interior designs to suit various situations. directly Furthermore, space constraints limit the jail's ability to efit your jail, sheriffs office, and public safety complex. classify and house inmates due to overcrowding. Knowledge of Applicable Statutes and Codes Moseley Architects has provided facility studies for We are thoroughly knowledgeable of conditions, codes, Carteret County since 2009, with an updated version in and regulations throughout the state. We have exten- 2018 (last presented in 2020), outlining various options sive experience with the North Carolina Department of and cost estimates, including space for your jail, as well Administration, Department ofInsurance, Department as magistrate and sheriffs offices. We have remained in of Health and Human Services, and Department of contact with the county, which has continued our sig- Environmental Quality. We also a bring a vital under- nificant insight into your specific needs. This includes standing of national guidelines governing the housing an assessment of the facility's acoustical issues and es- of adult offenders, such as the American Correctional timated costs. Association Standards for Local Adult Confinement Facilities and recommendations by the National PROJECTS OF A SIMILAR NATURE Institute of Corrections. We have built good working relationships with these groups and have the required Moseley Architects has been privileged to provide experience that will help expedite approvals. specialized detention and law enforcement facility planning and design services for local, state, and federal In addition, Todd Davis, CJE, NCCE, managing prin- governments across the Southeast. cipal for our project team, served on the ad hoc North Carolina Jail Standards Committee that developed the current state standards. 5 Moseley Architects Experience Locations ofl local, state, and federal government projects completed by Moseley Architects Detention and law enforcement projects, including studies, new construction, renovations, and additions Office locations in Charlotte and Raleigh Carteret County EXPERIENCE IN COASTAL NORTH CAROLINA DEALING using both dry and wet food-proofed structures, if WITH SOIL STRUCTURES, SOIL REPAIRS, ETC. required; Moseley Architects is very familiar with the devastation designing building connections for back-up portable that hurricanes and tropical storms can cause in the generators and portable chillers; and North Carolina coastal and inland areas. We are well versed in issues specific to wind speed, seismic activity, incorporating clear sight lines, surveillance nodes, hot and humid climates, and wetlands on government and active security measures in response to active facilities due to our extensive experience designing these shooter concerns. facilities along the North Carolina coast, as indicated In addition, our professionals are experienced in de- on the map above. signing essential facilities that are dependable, resilient, Resilient design anticipates the impacts of potential dis- and structurally sound under the "Essential Building" ruptions on your buildings, identifies the correct strat- category, Risk Category IV. egies to protect critical systems during disruptions, and Furthermore, our proposed civil and site engineering equips buildings to rebound quickly after a disruption consultant, TRC Engineers, possesses unique familiari- to support the community. During schematic design, ty with the project site and extensive experience in de- Moseley Architects will work with Carteret County signing dynamic soil structures, ground improvements, and to identify potential hazards to your jail, sheriff's and deep foundations across coastal North Carolina, office, and public safety complex' 's operations and then including Carteret County. The soft, saturated soil, develop appropriate design solutions. high water table, and hurricane risk in your area may Examples include: necessitate deep foundations (piles or caissons) for coastal structures to provide stability and resilience. roofline modifications to eliminate transitions from To strengthen deep and near-surface soils and increase low-slope roofs to pitched roofs, as they are failure their load-bearing capacity, methods such as aggregate points in strong winds. Low-slope roof design piers, vibro-compaction, or geotextile installation are includes an air barrier above deck, insulation, frequently employed. cover board, and a fully adhered and mechanically fastened membrane; With experience in municipal separate storm sewer system (MS4) program administration and Hurricane replacing traditional generators with larger gener- Florence recovery, TRC is a trusted advisor, understand- ators to power IOO percent of the building's loads, ing eastern North Carolina's unique challenges. and with larger fuel tanks to allow longer run times; elevating generators to protect them from flood waters; Moseley Architects 6 5 Project Team Project Team ORGANIZATIONAL CHART Carteret County Moseley Architects Todd Davis Managing Principal and Justice. Planner Jason Hopkins Project Manager Mike Smith Project Designer John Edmund Security Systems Designer Eliot Garber Detention Hardware Designer Melissa Almond Interior Designer Justin Carlson Mechanical Engineer Jake Einbinder Electrical Designer Jeff Mortensen Plumbing Designer Steven Cooke Structural Engineer TRC Companies Foodesign Associates Aiken Cost Consultants Tyrus Clayton Jr. Ashley Gaines Brad Aiken Civil and Site Project Manager Food. Service and. Laundry Designer Cost Estimator 7 Moseley Architects Project Team Todd Davis, CJE, NCCE Jason Hopkins, AIA, LEED AP Managing Principal and Justice Facility Planner Project Architect Todd will serve as your managing principal and will Jason has managed over 4,500,000 square feet in collaborate with Carteret County to establish the over- detention facility design. He will coordinate project all scope, program, schedule, and budget for your jail, developments on a daily basis and facilitate effective sheriff's office, and public safety complex. As the team communication between Moseley Architects, Carteret leader, he will review all documents prior to submit- County, and all members of the project team. He will tal, monitor production schedules, manage contracts, lead your project through key schedule milestones, prepare planning programs and phasing strategies, monitoring schedule, quality, and budget to fulfll your and oversee cost estimates. A former major with the goals. Alamance County Sheriffs Office, Todd collaborates Jason earned a Bachelor ofScience in 2001 and a Master with our architectural team to lend his operational of Architecture in 2004. He is a licensed architect in knowledge, which contributes to the success of our North Carolina. designs. Todd holds certifications as a jail executive, correctional Relevant Projects executive, and instructor of criminal justice in correc- Carteret County Detention Center Expansion tions and detention. Needs Assessment Relevant Projects Bladen County Law Enforcement and Detention Carteret County Jail Needs Assessment Update Center Bladen County Law Enforcement and Detention Cleveland County Justice Complex Center Graham County New Justice Center Cleveland County Justice Complex Granville County Law Enforcement and Detention Davidson County Detention Center Center Duplin County Detention Center Johnston County Detention Center Graham County New Justice Center Johnston County Public Safety Facility Granville County Law Enforcement and Detention Orange County Detention Center Center Polk County Law Enforcement and Detention Johnston County Detention Center Center Johnston County Public Safery Complex Randolph County Jail Renovation and Addition Orange County Detention Center Rockingham County Judicial Center Pender County Law Enforcement and Detention Surry County Detention Center Center Transylvania County Jail and Public Safety Facility Wayne County Detention Center Wayne County Carey A. Winders Detention Center Moseley Architects 8 Project Team Mike Smith John Edmund Project Designer Security Systems Specialist Mike will collaborate with our architectural team to John will partner with Carteret County to analyze your provide design support for your jail, sheriffs office, and security needs and provide recommendations for main- public safety complex. Working alongside the managing taining the safety ofstaff and inmates. He has led many principal and project manager, he will use BIM software detention and law enforcement endeavors, involving to design and adjust plans. Mike will work closely with strategic approaches focused on the fundamental com- ponents of an efficient security system--protection, other team members to design intricate project compo- detection, verification, and reaction. nents and solve design issues. John is trained in AMAG Symmetry, GE Cimplicity, Mike earned a Bachelor of Arts in architecture in 1998. Indusoft Web Studio, and Rockwell Automation. Relevant Projects Relevant Projects Cleveland County Justice Complex Bladen County Law Enforcement and Detention Davie County Detention Center Center Granville County Law Enforcement and Detention Cleveland County Justice Complex Center Duplin County Detention Center Haywood County Detention Center Expansion Graham County Justice Center Johnston County Detention Center Granville County Law Enforcement and Detention Johnston County Public Safety Center Center Surry County Detention Center Johnston County Detention Center Stanly County Law Enforcement and Detention Johnston County Public Safety Center Center Expansion Lincoln County Detention Center Expansion Aiken County Detention Center Expansion Northampton County Detention Center Anderson County Detention Center Pender County Law Enforcement and Detention Edgefield County Law Enforcement and Detention Center Center Polk County Law Enforcement and Detention Georgetown County Detention Center Center Hamblen County Jail and Justice Center Randolph County Jail Renovation and Addition Henry County Detention Center Surry County Detention Center Richland County Detention Center Renovation and Wake County Detention Annex Renovation Addition Wayne County Carey A. Winders Detention Center York County Moss Justice Center Renovation and Wayne County Detention Center Replacement Expansion 9 Moseley Architects Project Team Eliot Garber, AIA, LEED AP Melissa Almond, NCIDQ Detention Hardware Designer Interior Designer Eliot has more than 40 years of experience on a vari- Melissa has been with Moseley Architects for more ety of detention projects, ranging from feasibility and than 15 years, during which time she has been dedi- planning studies to renovations and expansions. In his cated to local government design. She will collaborate role as detention hardware designer, he will research with Carteret County and our project team, assisting and specify physical security features and equipment in developing the design concept. Melissa will provide for Carteret County's needs (e.g., security doors and guidance on interior design and space planning, and hardware, ballistic-rated glazing and construction), then specify finishes, materials, and products, as well as and derive criteria for your decisions, quality control, fixtures and equipment. and coordination of project documents to meet jail Melissa earned a Bachelor of Science in interior standards. design in 2005, is registered with the National Council for Eliot earned a Bachelor of Science in architecture in Interior Design Qualification, and is a LEED AP. 1977 and a Master of Architecture in 1983. He is a li- censed architect in Virginia. Relevant Projects Cleveland County Justice Facility Relevant Projects Bladen County Law Enforcement and Detention Craven County Judicial Center Center Cumberland County Detention Center Expansion Cleveland County Justice Complex Duplin County Detention Center Davidson County Detention Center Granville County Law Enforcement and Detention Duplin County Detention Center Center Granville County Law Enforcement and Detention Guilford County Detention Center Expansion Center Harnett County Law Enforcement and Detention Johnston County Detention Center Center Northampton County Detention Center Johnston County Detention Center Orange County Detention Center Johnston County Public Safety Facility Pender County Law Enforcement and Detention Orange County Detention Center Center Pender County Law Enforcement and Detention Polk County Law Enforcement and Detention Center Center Polk County Law Enforcement and Detention Surry County Detention Center Center Wayne County Carey A. Winders Detention Center Wayne County Carey A. Winders Detention Center Wayne County Replacement Detention Center Wayne County Replacement Jail Moseley Architects 10 Project Team Justin Carlson, PE Jake Einbinder, EIT Mechanical Engineer Electrical. Designer Justin is responsible for calculating HVAC loads; de- Jake will incorporate design concepts from schematic signing mechanical systems; conducting life cycle cost design into design development and will work with the analyses; developing preliminary sizing and layout project team to produce construction documents. He will of plumbing systems (sanitary, vent, domestic water produce drawings, specifications, and system schematics system, storm and gas); evaluating various domestic for complicated design tasks, such as the layout of elec- hot water heating systems, including solar hot water trical rooms and power riser diagrams. Additionally, he systems; and producing construction documents and will execute calculations, using engineering formulas and specifications. He will also facilitate additional HVAC skills for lighting and power distribution. Jake will also supply if required by the recommended security elec- research design options and documents findings for the tronics systems. project manager. Justin earned a Bachelor of Science in mechanical engi- Jake earned a Bachelor of Science in electrical engincer- neering in 1994 and a Master of Science in mechanical ing technology in 2018. He is an engineer in training. engineering in 1999. He is a licensed professional engi- Relevant Projects neer in North Carolina and a LEED AP. Cleveland County Justice Complex Relevant Projects Johnston County Public Safery Facility Cleveland County Justice Complex Nash County Detention Center Addition Davidson County Detention Center Durham County Youth Home Granville County Law Enforcement and Detention Rockingham Youth Development Center, North Center Carolina Department of Public Safety Iredell County Detention Center Expansion Wake County City-County Bureau ofInvestigation Johnston County Detention Center DNA Lab Johnston County Public Safety Facility Wake County Detention Center Kitchens Lincoln County Detention Center Expansion Conditions Study Pender County Law Enforcement and Detention Wake County Public Safety Center Medical Center Renovation Polk County Law Enforcement and Detention Wake County Public Safety Center Parking Deck Center Security Renovation Randolph County Jail Addition and Expansion Yancey County 9II Center Surry County Detention Center Anderson County Detention Center Wayne County Replacement Detention Center Hamblen County Jail and Justice Center Anderson County Detention Center 11 Moseley Architects Project Team Jeff Mortensen, CPD Steven Cooke, PE, LEED AP Plumbing Designer Structural Engineer Jeff will coordinate design with standards and require- Steven plays an integral part in nearly every step of a ments, develop the preliminary sizing and layout of project, from design through construction. He will plumbing system components, and develop conceptual determine the appropriate structural support system plumbing plans, including vacuum plumbing systems, for your project and then calculate the gravity and to save water and reduce maintenance. He will also lateral forces that it will need to withstand during its analyze fire fow tests to determine if adequate fow use. Steven will then analyze these forces and use them and pressure are available, and detail sprinkler system to provide the correctly sized beams, columns, founda- service. tions, and lateral system to support an efficiently sized Jeff earned an Associate of Science in applied engineer- structural system. ing in 1990 and is a certified plumbing designer. Steven has accrued 18 years of relevant experience since earning a Bachelor of Science in civil engineering in Relevant Projects 2003. He is a licensed professional engineer in North Bladen County Law Enforcement and Detention Carolina. Center Relevant Projects Cleveland County Justice Center Bladen County Law Enforcement and Detention Davidson County Detention Center Center Duplin County Detention Center Cleveland County Justice Complex Granville County Law Enforcement and Detention Granville County Law Enforcement and Detention Center Center Johnston County Detention Center Guilford County Detention Center Johnston County Public Safery Facility Iredell County Detention Center Expansion Orange County Detention Center Johnston County Detention Center Pender County Law Enforcement and Detention Johnston County Public Safety Complex Center Orange County Detention Center Polk County Law Enforcement and Detention Polk County Law Enforcement and Detention Center Center Surry County Detention Center Randolph County Jail Addition and Expansion Camp Lejeune MCIEAST Regional Brig, United Surry County Detention Center States Navy Camp Lejeune MCIEAST Regional Brig, United Wayne County Carey A. Winders Detention Center States Navy Wayne County Replacement Jail Wayne County Carey A. Winders Detention Center Yancey County Public Safety Facility Moseley Architects 12 Construction Administration Service Delivery Model Construction Administration Service Delivery Model HARNETT COUNTY SHERIFF AENETT M CONSTRUCTION CONTRACT ADMINISTRATION Construction Contract Administration Process Outline We value the partnership that must exist between the Administer construction contracts on behalf of architect and contractor for a project to be successfully Carteret County. executed. Throughout the project, we remain respon- Review construction materials, equipment, and sive, professional, and sensitive to the needs of all in- supplies for compliance with contract documents. volved for our clients. Require the contractor to develop and maintain Procore will facilitate team communication on this a detailed schedule, including delivery, approvals, project. Our documentation is completely managed by inspection, testing, construction, and occupancy. this web application, which also precisely monitors and Utilize the contractor-provided, cost-loaded Critical reports on each item's status. Construction contract Path Method (CPM) construction schedule as the administrators get additional support from our dedi- basis for cated office staff for efficient document processing. Our payments. administrators will also complete the project closcout, Review schedule updates and execute "schedule including substantial completion inspection; maintain recovery" procedures, as needed. current contract documents; and expedite resolution of Conduct weekly job site meetings to review progress, claims to minimize risk, as needed. discuss and resolve problems, assist in coordinating Our internal construction procedures manual guides work by the contractor, and prepare and distribute our contract administration team on all contract re- minutes of each meeting. quirements. This manual details contractual obligations and provides processes for effective communication and coordination to achieve project objectives. This also provides our contracting partners with a reliable "During the current construction phase your staff has also been attentive and consistency for all our projects. 'hands on.' Although it is a large project for Us, feel your staff has taken some oft the work load off of my end as projedt manager. Moseley has also saved Us tax dollars that we would have spent on construction management companies. Tony Wilder Former Deputy County Manager (Harnelt County Law Enforcement and Detention Center pictured) 13 Moseley Architects Construction Administration Service Delivery Model Maintain Procore construction software to handle construction infor- 'The service Moseley Architects provided during construction was invaluable. They paid strict mation and status reporting of submittals, requests for information, attention to detail and were well experienced issuance oft bulletin drawings, and review of contractors change in their field. There were always approachable and, in fact, we spoke to members of Moseley proposals. Architects' staff numerous times after hours concerning small details that feel many groups Review and take action on all submittals with the goal of a 15-day would have overlooked." average turnaround time. Sheriff. Jim McVicker Review and respond to all requests for information with a goal of a (Bladen County Law Enforcement Center and Detention pictured) three-day average turnaround time. Monitor third-party inspection and material testing requirements to see that proper reporting is completed and follow up on any discrepancies noted for correction. Maintain records and submit reports to county representatives. Conduct site visits to confirm that the project is progressing as planned. Monitor the contractor's performance for adherence to contract proce- dures, schedules, and technical requirements. Provide cost control through progress payment review and verification per the approved schedule and budget. Maintain complete project records, which are readily available and will be given to the county once the project is complete. Coordinate post-construction activities, including punch lists, occupan- cy certificates, contract closeouts, guarantees, operations and mainte- nance manuals, operation and maintenance personnel training, proper operation of equipment and systems, final acceptance, and move-in. Provide project-related research, technical information, data, and supporting materials. Assist the county in submitting the appropriate information to various governmental review agencies, as required. Moseley Architects 14 7 Local Construction Company Participation Local Construction Company Participation LOCAL CONSTRUCTION COMPANY PARTICIPATION ABOVE Construction of Orange County's detention center was completed utilizing over 22 When your project moves into the bidding phase, Moseley Architects will percent minority business enterprise participation. work with Carteret County to develop project goals for local participation, as well as minority- and women-owned business enterprises and small businesses. We encourage their involvement by publishing all plan holders on our website so general bidding contractors can see subcontractors inter- ested in the project. We can also assist the county in identifying subcon- tractor packages that can be suited to these businesses, thereby increasing participation. When collaborating with contractors who construct our projects, we also specify community-based hiring preferences to encourage both skills devel- opment for individual community members and foster economic support for the local economy. 15 Moseley Architects 8 Ongoing Current Projects Current Ongoing Projects CURRENT WORKLOAD Expected Completion Project Start Date Date Total Project Cost Horry County Detention Center Expansion Study Jan 2025 Jun 2025 TBD Conway, SC Wake County Detention Annex Renovation Jan 2025 Jan 2027 $7M Raleigh, NC Rutherford County Detention Center Renovation and Expansion Mar 2025 TBD $7.5M Rutherfordton, NC Robeson County Detention Center Medical Unit Addition Sep 2024 Sep 2026 $6.4M Lumberton, NC Stanly County Detention Center Expansion Nov 2024 Sep 2027 $35 M Albemarle, NC York County Moss Justice Center Booking Area Renovation Dec 2024 Sep 2027 $25 M York, SC Northampton County Detention Center Mar 2025 TBD $20M Jackson, NC Halifax County Court Services Building Renovation Jun 2023 Dec 2026 $8.2M Halifax, NC ABOVE Stanly County Detention Center expansion 17 Moseley Architects Current Ongoing Projects ABILITY TO DEVOTE STAFF RESOURCES HOW EXISTING TRIPS TO THE AREA COULD CONTRIBUTE TO COST SAVINGS Our team of professionals and support staff are imme- Moseley Architects is currently managing construction diately available to serve Carteret County. We have the facilities the contract administration for detention in nearby workforce to meet your expectations and provide Pender, Robeson, and Wayne counties. Lessons required services for your) jail, sheriffs s office, and public Duplin, learned on these projects illuminate local codes, state safety complex. standards, regulations, and accreditations, which may lead to cost savings on your project. FINANCIAL STABILITY In addition, Moseley Architects offers several adaptable Since our firm's formation in 1969, we have experi- design models that Carteret may choose to enced controlled, progressive growth in staff size and County per- sonalize, which could the design and project types. This growth indicates our commitment expedite process fiscal result- save money. We look forward to sharing these concepts to responsible and project management, with you during our interview, should we be shortlisted. ing in fulfillment of our financial and professional responsibilities. Furthermore, we have conducted multiple studies of Ifadditional information is needed, please contact: your detention facility, which provides us with signif- icant insight into your specific needs as well as local Douglas Bierly codes and regulations. Leveraging our deep project Truist knowledge translates to cost savings by eliminating the Mail Code VA-HDQ-2115 need for the initial learning curve. 919 East Main Street, Isth Floor, Richmond, VA 23219 Tel: (804) 782-5564 ABOVE The new Pender County Law Enforcement and Detention Center consolidates three law enforcement facilities under the same roof: a sheriff's office, a detention center, and 911 services. Moseley Architects 18 Previous Experience Previous Experience EEE EEEEFFE ARI I TE Randolph County Detention Center Renovation and Addition Completion Date 2024 Asheboro, North Carolina This project entailed a comprehensive phased renovation and expansion Owner Reference of the overcrowded and aging jail. The 45.300-square-foot renovation Paxton Authurs, PE, County Engineer provided a new elevated control station for three existing pods; a new (336) 318-6605 fenced vehicle sally port; new security electronics system; a fire alarm Poxton.Arhum@rondolphcounlyne.gow replacement; plumbing fixtures in G-pod cells; the relocation of master control and the associated electrical and security functions; renovated Firm's Project Manager Jason Hopkins, AIA and expanded intake and booking; and kitchen and laundry renovations. The public lobby, video visitation area, and magistrate's office were also Original Contract Amount renovated. $27,605,162 The 44-770-square-foot expansion features a new central control room Number of Change Orders equipped with an upgraded security system. The new facility has a total 5( (including $10,689,780 owner- of 2II beds, including 47 beds in two medium-security units, 24 beds requested scope increase) in a maximum security unit, a 40-bed dormitory, and a 30-bed unit for special populations. Housing units are a mixture of indirect podular ob- Total Project Cost servation and direct observation. $38,629,869 Demolition and reconstruction occurred in the booking and intake area, magistrate area, and portions of the kitchen and laundry areas. "'s gelting closerl! Bordeaux Construction and Moseley Architects rock." - Captain Phyllis Calloway 19 Moseley Architects Previous Experience uT Cleveland County Justice Complex Completion Date Shelby, North Carolina 2026 Cleveland County's justice facilities were overcrowded and expensive to Owner Reference maintain. Located in the historic downtown district of Shelby, the new Sheriff Alan Norman justice complex provides a centralized location for these spaces across 8.3 (704) 476-3100 acres. Significant annual cost savings will be realized through reduced amsmescrtnyen maintenance and the overall cost of energy consumption. Firm's Project Manager The complex will include a 147.000-square-foot detention center ac- Bryan Payne, Associate AIA commodating 600 inmates, complete with intake, booking, medical and Original Contract Amount magistrate's areas, kitchen facilities, and administrative support spaces. $169,174,412 A 46,000-square-foot law enforcement center will house the sheriffs di- visions, including narcotics, patrol, civil operations, and investigations. Number of Change Orders The 151,000-square-foot courthouse features nine courtrooms, judicial N/A (CMAR) offices, clerk of court facilities, district attorney offices, public defender spaces, and a register ofdeeds office. Total Project Cost $169,174,412 The campus location in uptown Shelby provides convenient access to county services while incorporating advanced technology to support workplace requirements. The design prioritizes security through features "Moseley Architects has been a trusted partner like a centralized public entrance for screening and a direct connection to Cleveland County throughout the planning and design process of this monumental project. I between the detention center and courthouse, which eliminates trans- knowl can call upon any member oft the Moseley portation needs and reduces operational expenses. The county plans to team, day or night, and get what Ineed, when! develop additional facilities on site to accommodate future community need it, with exceptional responses and results." Sheriff Alan Norman growth. Construction of the new campus is being phased to allow for the con- tinued operation of the existing courthouse. Demolition of the existing courthouse will follow its completion. Moseley Architects 20 Previous Experience Johnston County Detention Center Completion Date Smithfield, North Carolina 2022 The Johnston County Detention Center is the result of years of planning Owner Reference due to overcrowded conditions in one ofNorth Carolina's fastest growing Sheriff Steve Bizzell counties. With a capacity for 469 beds, the facility has core spaces for (919) 989-5025 600 inmates. This H,000-square-foot facility demonstrates how effective Sbizzell@icso.org architecture and engineering enhance safety, efficiency, and operational effectiveness in detention environments. Firm's Project Manager Jason Hopkins, AIA The facility includes a secure 3,000-square-foot vehicular sally port ac- commodating various transport vehicles, six recreational yards, and a Original Contract Amount $36,705,350 full-service kitchen capable of preparing over 800 meals daily. The inte- gration ofvideo visitation technology provides secure and efficient means Number of Change Orders for inmate-family communication while reducing contraband risks. 63 (including 26 owner-requested The project's effectiveness is evidenced by its fiscal efficiency, coming in change orders totaling $284,370) approximately $I2 million under budget when bid in April 2020. Total Project Cost $37,326,511 "lhave enjoyed my work with the professional staff of Moseley Architects, and to seet the work ethic they portrayed was amazing. lalways found them to be honest, straightforward, and always providing the services as promised and on time." Sheriff Steve Bizzell 21 Moseley Architects Previous Experience GEMARSGANA Wayne County Replacement Detention Center Completion Date Goldsboro, North Carolina 2025 As part ofaj justice campus initiative, the Cary A. Winders satellite deten- Owner Reference tion center was designed by Moseley Architects and completed in 2016. Sheriff Larry Pierce The project also involved the construction of a larger, connected jail to (919) 731-1481 replace the aging downtown facility. In 2021, Wayne County advanced lam.Pera@-oynegoxcom toward its goal ofhaving two facilities on a shared site with the design of the replacement detention center. Having the new jail and satellite jail Firm's Project Manager Bryan Payne, Associate AIA in one place will provide the county's law enforcement with increased convenience. Original Contract Amount $41,718,500 The new 109,500-square foot detention center will house 440 inmates with a core designed for 650. The facility will house male and female Number of Change Orders inmates of different security levels, with 55-bed housing pods supervised 5 from two central elevated control towers. Additionally, the building in- cludes a fully equipped kitchen, intake and booking facilities, a secure Total Project Cost vehicular sally port, magistrate offices, and administrative and support $41,838,226 spaces. To align with the county's budget, Moseley Architects created alternative designs while fulfilling the client's needs. Our original satellite detention center design allowed for a smooth transition between the old and new structures. Moseley Architects 22 Previous Experience - ASBISI Anderson County Detention Center Completion Date 2026 Anderson, South Carolina South Carolina's oldest operating jail facility, originally constructed in Owner Reference 1956, faced challenges with overcrowding, outdated systems, and deteri- Captain David Baker (864) 260-4200 orating conditions. This replacement project introduces a new two-story Dhaler@enderomher.con facility designed to meet both current and future needs, with an imme- diate capacity of 608 beds and infrastructure sized to accommodate up Firm's Project Manager to I,000 inmates. Jason Hopkins, AIA At the heart of the new design are I2 mezzanine-style housing units fea- Original Contract Amount turing prefabricated steel cells with rear chases, complemented by four $83,256,893 minimum-custody dormitories. Each housing unit is equipped with essential amenities including dayrooms, fresh air recreation spaces, mul- Number of Change Orders tipurpose rooms, and video visitation areas. Core functions encompass a N/A (CMAR). bus-compatible vehicular sally port, intake and booking areas, and spe- Total Project Cost cialized holding cells, including a negative pressure unit for health safety. $83,256,893 The detention center's 's medical capabilities reflect an advanced approach to inmate healthcare. A fully equipped medical unit features a nurses' sta- "1 would like to share both my gratitude and tion, head nurse' s office, laboratory, and pharmacy, along with dedicated confidence in this project being a well-managed, spaces for telemedicine and mental health services. designed, and constructed facility to meet our growing needs and the expectations of our Existing, obsolete structures on the site will be removed through citizens." Captain David Baker demolition. 23 Moseley Architects Previous Experience 2 9 B A IS Pickens County Jail Completion Date Pickens, South Carolina 2019 After evaluating Pickens County's deteriorating and overcrowded jail, Owner Reference Moseley Architects designed a 363-bed detention facility that prioritizes Captain Kevin Durham, Judicial Services security, efficiency, and rehabilitation. The facility's layout emphasizes (864) 898-1436 visibility through camera coverage and unobstructed views throughout, Kwindepadenscuninegn allowing staff to monitor all facility activities effectively. Firm's Project Manager A secure vehicular sally port serves as the primary entry point for arrest- Jason Hopkins, AIA ees. This enclosed space includes dedicated parking spaces and accommo- dates both buses and emergency vehicles. The sally port contains pistol Original Contract Amount $25,754,000 lockers and an emergency eyewash and a shower station. The intake and pre-booking areas contain sobriety testing space and Number of Change Orders adaptable holding cells. The primary booking area includes an elevated 9 desk giving officers clear views ofthe area. Two suicide watch cells sit near the booking desk, enabling close monitoring of at-risk individuals. Total Project Cost $25,691,554 The medical suite includes a waiting area and a protected nurse's station. This wing contains examination areas, storage, a pharmacy, and toilet and shower spaces. A separate medical triage area in booking enables "What this jail is going to do is make it safe for our officers and the inmates themselves, but it's also nurses to perform initial health screenings without moving inmates to going to give us a chance to hopefully change the main medical suite. lives." Retired Sheriff Rick Clark Moseley Architects 24 10 Consultants Consultants CONSULTANTS We have included the following consultants to sup- plement our team. Through our shared experience on numerous successful projects, we've gained valuable knowledge ofeach firm's corporate culture and practic- es. This familiarity will lead to improved efficiençy in Tyrus Clayton Jr., PE meeting Carteret County's needs. Civil and Site. Project Manager Civil and Site Engineering Tyrus has utilized his 24 years of engineering experi- Firm Name and License ence in a broad range of projects, including municipal TRC Engincers, Inc. (TRC) infrastructure, stormwater management, site design, NC Engineering License: F-0591 geotechnical investigations, construction contract ad- ministration, solid waste design, and solid waste con- TRC is a national engineering, consulting, and con- struction quality assurance. He will collaborate with struction management firm dedicated to providing in- Moseley Architects in directing the civil, environmen- novative solutions for local governments. For more than tal, and geotechnical services for your new jail, sheriffs 55) years, TRC has set the bar for clients who require civil, office, and public safety complex. environmental, geotechnical, and solid waste engineer- and subsurface Tyrus earned a Master of Science in civil and environ- ing; surveying utility engineering; site mental engineering in 2000 and a Bachelor of Science planning and engineering; and construction inspection services. Their understanding of and experience with in civil engineering in 1998. He is a licensed profession- al in North Carolina. various federal, state, and local environmental laws and engineer regulations is extensive. Relevant Projects TRC has worked with over 50 counties and munici- Carteret County Proposed Public Safety Complex palities in North Carolina and offers an extensive Carteret County Water System Fair Value understanding of various federal, state, and local envi- Assessment ronmental laws and regulations. Carteret County East Park The firm has partnered with Carteret County since Swinson Park Water and Sewer 2005 on projects that include your proposed public Carteret County safety complex, water system fair value assessment, East Project Park, Swinson Park water and sewer projects, and West Carteret County West Park Expansion Park expansion. Mendenhall Student Center Renovation, East Moseley Architects and TRC have collaborated since Carolina University 1994 on dozens of successful projects for county, mu- Inwood Road Composting Facility, North Carolina nicipal, higher education, and K-12 clients. State University Cates Avenue Emergency Water, Stream, and ABOVE TRC has recently completed environmental and geotechnical due Condensate Replacement, NC State University diligence for your proposed public safety complex. 25 Moseley Architects Consultants Ashley Gaines Food Service and Laundry Designer Ashley is a vice president and principal design associate with Foodesign Associates. Her expertise in designing food and laundry facilities is extensive, spanning over 00 a decade and encompassing more than 500 projects. This includes a comprehensive range of services, in- cluding facility evaluations, programming, new project planning, renovations, technical execution, and site supervision. Ashley also offers systems analysis, on-site evaluation reports, and recommendations for future ABOVE Moseley Architects recently partnered with Foodesign Associates on planning. Johnston County's new detention center. Ashley earned an Associate in CAD in 2012 and an Associate of Science in information modeling BIM in Food Service and Laundry Design 2008. Firm Name and License Foodesign Associates (Foodesign) Relevant Projects NC Secretary of State: 0053926-2007 057 01470 Cleveland County Justice Complex* Foodesign has served the architectural community as Davidson County Detention Center* a food facility consulting firm since 1977. The firm Davie County Detention Center* has been instrumental in providing pre-design studies as well as existing facility reports for local, state, and Duplin County Detention Center* federal projects across the country. Iredell County Detention Center Expansion* Foodesign's services include system-wide evaluations Lincoln County Detention Center Expansion* and recommendations for compliance with the latest County Detention Center* code Orange and standard requirements pertaining to food service systems and equipment. Pender County Law Enforcement and Detention Center* Moseley Architects and Foodesign have success- fully collaborated since 1998 on over I50 projects. Surry County Detention Center* Locally, this includes detention facility projects for Wayne County Replacement Detention Center* Cleveland Davidson, Duplin, Graham, Granville, . Edgefield County Law Enforcement and Detention Guilford, Harnett, Iredell, Johnston, Lincoln, Nash, Center* Northampton, Orange, Pender, Polk, Randolph, Rowan, Surry, Transylvania, Wake, and Wayne counties. Georgetown County Detention Center* Foodesign Associates is an economically disadvantaged Hamblen County Jail and Justice Center* women-owned small business. Orangeburg County Detention Center* Partnered with Moseley Architects Moseley Architects 26 Consultants - MT ABOVE Moseley Architects is currently partnering with Aiken Cost Consultants Brad Aiken, CPE on renovations to the Halifax County Court Services building. Cost Estimator Brad has over 40 years ofexperience in takeoff: and pric- Cost Estimator ing architectural, structural, and civil components of Firm Name and License institutional, governmental, and commercial facilities. Aiken Cost Consultants He has led or participated in over 5,000 cost estimating License: N/A projects, including a variety of detention centers, town Established in 1986, Aiken Cost Consultants (ACC) halls, administrative buildings, courthouses, fire and serves architectural and engineering firms with local, police stations, recreation centers, maintenance build- state, institutional, and commercial cost estimating ings, and other municipal facilities. assignments. A small business enterprise, ACC's team Brad earned a Bachelor of Business Administration in develops current local pricing for unique or significant 1979 and is a Certified Professional Estimator. items, researches current local bidding conditions, and reviews other local market factors for maximum Relevant Projects accuracy. Halifax County Detention Center* The firm's experience encompasses architectural, struc- Halifax County Court Services Building tural, civil, landscape, mechanical, plumbing, fire pro- Renovation* tection, electrical, and communications work. Northampton County Detention Center* Moseley Architects has successfully collaborated with Anderson County Detention Center* ACC since 2005 on local government projects for facilities in Halifax, Northampton, Anderson, and Horry County Detention Center Expansion Study* Beaufort counties, as well as for the South Carolina Folly Beach City Hall Renovations* Law Enforcement Division. SLED Annex Programming and Upfit, South Carolina Department of Administration* Forsyth County Courthouse Henderson County Jail Newberry Detention Facility Renovation Sumter County Detention Center Forsyth County Courthouse Georgetown County Judicial Center * Partnered with Moseley Architects 27 Moseley Architects 12 Quality Control and Assurance Processes Quality Control and Assurance Processes ABOVE Navisworks helps to visualize the impact that various design alternatives will have on a S project, which provides confirmation and well- timed improvements to the process. PROCESSES UTILIZED FOR QUALITY CONTROL RediCheck Review We are committed to providing high quality drawings First developed in 1981, Redi-Check is the only coordi- and specifications. The quality of our documents often nation review system recognized by both the American affects the ability to predict project costs accurately, Institute of Architects and the American Consulting develop detailed budgets and phasing plans, and to sub- Engineers Council. The purpose of this review is to mit more competitive bids. The following information reduce or eliminate inconsistencies among the various details the quality control procedures that will be used disciplines that could lead to change orders. The review for will be performed by a senior staff member who has your project. not been directly involved in the production of the Building Information Modeling (BIM) documents. We use Autodesk Revit building information modeling (BIM) software at all stages of design. It allows users to Online Operations and Procedures Manual design a building and its components in 3D, annotate Moseley Architects has created detailed guidelines for the model with 2D drafting elements, and access build- the tasks necessary to execute projects successfully. ing information from the building model's database. These guidelines are documented in Moseley Architects' Additionally, we can use Autodesk Construction Cloud online Operations and Procedures Manual, accessible (ACC) for further coordination with other team mem- to all our staff via our firm's intranet site. bers of consultants, including owners and contractors, The operations and procedures manual was developed ifr requested. and is revised and updated continually to reflect the While Revit has its own clash detection capabilities, we evolution of our services delivery and the latest tools also use Navisworks to help identify and avoid poten- and software we utilize, including those tools and soft- tial problems before construction begins. These clash ware used by our client reports are provided to the design team multiple times throughout the design process for review. Construction Document Reference (CDR) Moseley Architects' CDR guides each of our staff mem- Additionally, with our files solely being in Revit, we bers in the documentation of construction drawings. have the capability to take advantage ofthe information The CDR includes numerous streamlining techniques built into the file for carbon emissions and daylight to minimize duplication and conflicts. The CDR is re- analysis. To determine these results, we utilize Tally, vised and updated continually based on lessons learned which is an add-in for Revit or CoveTool for other and best practices from our collective experience in the analysis types. practice of architecture, engineering, interior design, and other professional services. 29 Moseley Architects Quality Control and Assurance Processes Programming Phase Schematic Design Operations and Procedures Manual Moseley Architects has created de- Review site information tailed guidelines for the tasks neces- and survey. Issue notice to proceed. sary to execute projects successfully. These guidelines are documented Develop schematic in Moseley Architects' online op- Conduct project kickoff design with stakeholders erations and procedures manual, meeting. based on the program. accessible to our staff via our firm's intranet site. Distribute questionnaires to stakeholders, confirm Develop floor plans. DESIGN PROCESS (FLOW CHART) needs via in-person interviews, and develop We believe that a successful project draft program. begins with a rapid and efficient Review floor plans with county stakeholders. mobilization period during which Determine requirements all team members come together and review available data. and determine the goals and ob- Prepare schematic floor jectives of the project. Our mission plan and preliminary code review. will be to create a solution for Reconfirm stakeholder Carteret County that is embedded needs. in the local conditions and rep- Prepare site design schematic plans. resents a consensus of the project Finalize program and stakeholders. We have learned that scope of work. good communication is critical Prepare construction cost between our design team and stake- estimate. Review program and holder groups. With varying agen- scope of work with das among stakeholders, the key to stakeholders. Review design and cost successful decision-making will be estimate. achieving consensus by allowing building users to have a voice in the Finalize scope of work and project schedule. Finalize schematic design process. documents. While this depiction condenses thousands of design decisions into Deliver final program and a chart, Moseley Architects will scope ofwork. Approve schematic follow this process consistently design documents and cost estimate. through the course ofeach phase of Numerous incremen- Assist county with desired your project. procurement methodology. tal stepsa and tasks will be completed Present preliminary design along the way. Moseley Architects to community. will document and manage the pro- cess with a series of checklists for Primary responsibility of client each phase of the project developed and customized to meet your needs. Primary responsibility of contractor Moseley Architects 30 Quality Control and Assurance Processes Design Development and Construction Documents Construction Phase Final Design and Bidding Phase Prepare design Prepare construction Award construction development documents. documents. contract and issue notice to proceed. Conduct detailed design Prepare project meetings with Carteret specifications. Construction. County to review site, MEP, interiors, and security issues. Conduct periodic reviews Conduct site visits and with the county. progress meetings. Update cost estimate; reconcile design with Confirm cost estimate with budget. Aiken Cost Consulting. Respond to RFIs. Identify bid alternates. Conduct final quality Contractor achieves control review. substantial completion. Submit documents to the North Carolina Resubmit to authorities Prepare punch list and Department ofHealth havingj jurisdiction. closeout documents. Service Regulation jails and detention unit, Department ofInsurance, Finalize construction Obtain certificate of and local building official. documents. occupancy. Conduct design team's Approve construction Install furniture and quality control review. documents. equipment. Finalize design Advertise for bids. Execute transition and development documents. move-in plan. Conduct pre-bid Approve design conference. development documents. Respond to bidder questions. Issue addenda, as necessary Assist county with opening bids and preparing bid tab Primary responsibility of client Primary responsibility of contractor 31 Moseley Architects Quality Control and Assurance Processes "[Moseley Architects) had a reputation of spending al lot of time on the front end with design and communication. This front-end attention to detail and communication is the key to a good design and minimizing costly change orders." Tom Robinson, Former County Manager (Rockingham County Judicial Center pictured) CHANGE ORDERS Cost Orders Project Budget - Final Change Minimizing change orders-including omissions and errors-requires close collaboration with clients and Bladen County Law consultants throughout the design phase to produce Enforcement and $16.5M $16.5 M $57,567 precise construction documents. Detention Center In the event our services lead to a non-value-adding Guilford County Credit of $196,524 $94.5 M - $84.6 M error or omission resulting in increased construction Detention Center to owner costs for your project, we will collaborate with Carteret County to determine a fair and mutually agreeable res- Henry County $68.7 M I $50.3 M Credit of $13 M olution, potentially including financial responsibility. Detention Center to owner Moseley Architects tracks change order causes for every Johnston County $48.4 M $37.3M $621,162 project, employing best management practices and a Detention Center dedication to quality in service delivery. Monthly pro- duction staff meetings and construction administration Polk County Law Enforcement and $10M $9.6M $64,150 reports include analysis and discussion of change order Detention Center totals. Each change order is reviewed for its cost, cause, and preventability. Further, monthly meetings of me- Rockingham County chanical, plumbing, electrical, and structural engineers Jail and Judicial $39 M I $37.8M $124,997 thoroughly review each change order stemming from Center discipline-related errors or omissions. Stokes County. Jail Despite various causes for RFIS and potential change Renovation and $5.4 M $5.5 M $121,650 orders, many will not impact project costs or might Expansion add value, especially with favorable bids keeping them Wayne County within budget. Carey A. Winders $10M $9.4M $24,065 Each project listed in the subsequent table was designed Detention Center by members of our project team for Carteret County. ABOVE Change orders include owner-requested increases and unforeseen These projects reflect Moseley Architects' diligence, field conditions ability to fulfll project goals, and record of providing quality documents within the established budget. Moseley Architects 32 11 Willingness to Affiliate with Minority, Woman-Owned, or Disadvantaged Businesses Willingness to Affiliate with Minority, Woman-Owned, or Disadvantaged Businesses - WILLINGNESS TO AFFILIATE WITH HUB BUSINESSES. ABOVE Moseley Architects, Aiken Cost Consultants, and Foodesign. Associates are Moseley Architects has a proud history collaborating with firms registered working together on the new 640-bed Anderson as a Historically Underutilized Business (HUB), which has allowed us to County Detention Center. develop beneficial partnerships with consultants who specialize in archi- tecture, engineering, landscape architecture, cost estimating, technology, and acoustics. Over the last five years, this has resulted in over 275 projects totaling over $8.1 million in fees. The following firms are included in our project team for Carteret County: Foodesign Associates Food Service and Laundry Design Economically disadvantaged women-owned small business Aiken Cost Consultants Cost Estimator Small business enterprise Internally, Moseley Architects is fueled by the experience, knowledge, and passions of over 340 individuals, and is dedicated to advancing diversity, equity, and inclusion in the field. Our internal workforce consists of 61.2 percent people of color and women, and we continue to strive for greater diversity. Furthermore, we acknowledge that cultural and ideological diversity leads to creative and unique design solutions. Our firm offers several committees that are dedicated to uniting our organization, enriching the lives of our colleagues, and improving the communities in which we serve. Through the work of these committees, we are investing in the future of our firm to see that current and future generations of employees are as qualified and diverse as they can be. 33 Moseley Architects 13 Litigation MOSELEYARCHIECIS 6210 Ardrey Kell Road The Hub at Waverly, Suite 425 Charlotte, NC: 28277 P: (704) 540-3755 March 31, 2025 Ms. Ashley Bennett, CLGPO, Purchasing Agent Carteret County Government 210 Turner Street Beaufort, NC 28516 Dear Ms. Bennett and Members ofthe Selection Committee: Occasionally, as with most corporate entities in today's society, we have been involved in project-related disputes. Issues that arise are typically settled without a need for a trial. We have assisted some of our clients during project disputes and legal actions, sometimes providing subject-matter witness testimony, The following page summarizes our firm's litigation, arbitra- tion, and mediation over the last seven years. Orangeburg Detention Center, SC Pending. We are currently working to resolve a lawsuit filed by the general contractor (not county) regarding allegations ofbreach of contract and conflict ofinterest in the claim-dispute process. Horry County Detention Center Policy and Procedure Development, SC Final Disposition: Resolved in Mediation Moseley Architects contributed $400,000 per claim (2). Through mediation, Moseley Architects reached a resolution with the estates of two Horry County citizens who alleged wrongful deaths as a result of policies and procedures that we assisted in formalizing for the Horry County Sheriffs Department. (December 15, 2023) Crestview Firehouse 10, VA Final Disposition: Resolved in Mediation - Moseley Architects contributed $4,500 per claim. Through mediation, Henrico County, the contractor, and Moseley Architects reached a reso- lution with residents who alleged property damage by run-off from the site where a new fire station was constructed. (February IO, 2020) Conifer Village at Oakcrest, MD Final Disposition: Dismissed by a Maryland court with prejudice Moseley Architects contributed $0. The owner alleged that design defects caused deficiencies around three doors. June 7, 2022) Guilford Detention Center, NC Final Disposition: Resolved in Mediation Moseley Architects contributed $62,875. Through mediation, we resolved the client's lawsuit regarding the condition of grilles in the Guilford Detention Center. (November 2I, 2019) Designing solutions. Building trust. Enriching lives. Page 2 Ursula C. Martin, SC Final Disposition: Dismissed by the court. This suit was filed by the family of a worker who was accidentally killed in a facility designed by Moseley Architects. (May 2, 2019) Sunrise of Broomfield Flatirons, CO Final Disposition: Resolved in mediation Moseley Architects contributed $I,250,000. Through mediation, we resolved the client's lawsuit regarding property damage resulting from the fracture of numerous underground drainage pipes, non-compliant foundation system, non-compliant grading and drainage, non-compliant concrete work, non-compliant streets and roadways, non-compliant façade siding, trim, and stone veneer, non-compliant mois- ture-management system, non-compliant asphalt shingles, non-compliant elevated decks, balconies, and walkways, and non-compliant fenestration detailing. (July 21, 2018) We welcome an opportunity to discuss any of these projects in detail. TAa B Meva Todd B. Davis, CJE, NCCE Managing Principal Designing solutions. Building trust. Enriching lives. 14 Hourly Billing Rates Hourly Billing Rates A 11! - "This new detention center is designed HOURLY BILLING RATES with efficiency and cost-effectiveness in mind. lt will eliminate the Moseley Architects' Billing Rates overcrowding in our current facilities, thereby reducing the strain on our law January I-December 31, 2025 enforcement and judicial systems. : Architecture Bryan Miller, County Manager (Duplin County Detention Center Principal $264 pictured) Senior Project Manager $246 Project Manager $193 Architect $185 Project Designer $123 Justice Justice Planner $264 Justice Consultant $210 Security Systems Planning Security Design Specialist $233 Mechanical, Electrical, and Plumbing Engineering Engineering Director $264 Senior Engineer $216 Engineer/Designer $177 Intern Technician $123 37 Moseley Architects Hourly Billing Rates Structural Engineering Engineering Director $264 Senior Engineer $193 Engineer/Designer $I6I Intern Technician $I23 Sustainability Planning Sustainability Planning Director $216 Energy Analyst $I81 Sustainability Coordinator $I6I Security Systems Planning Security Design Specialist $233 Interior Design Interior Designer Director $216 Senior Interior Designer $I45 Project Interior Designer $I23 Construction Contract Administration Construction Contract Administrator $185 Specification Writing Specification Writer $I85 Administration and Marketing Administration $85 REIMBURSABLE EXPENSES Moseley Architects will provide design services for an all-inclusive lump sum fee, which will cover overhead percentage, mileage, and printing. Should we be selected, we suggest conducting a scoping fee negotiation meeting to verify that our services and your expectations align. Our fee can then be increased or decreased based upon this detailed discussion. Moseley Architects 38 15 Willingness to Sign Agreement for Design Services Willingness to Sign Agreement for Design Services " has been a delight having Moseley Architects as part of our team for our new law enforcement and detention center project. The design staff assigned to our project has broughti insight to our needs and guidance throughout our construction process." Scott Phillips, Director, Development Services (Granville County Law Enforcement and Detention Center pictured) I C Based on a careful review of the language in the Standard Contract Agreement for Design Consultant Services, we are concerned that some of the terms may compromise the required insurance coverage. We are mindful of Carteret County's objective ofp protecting the interests of the public, and requiring the selected Architect to procure and maintain insurance to help achieve that objective. While Moseley Architects intends to use its best efforts to avoid demands on the various insurance policies, it is our understanding that some of the Contract terms, if enforced, will result in a denial of the insurance coverage. Should Moseley Architects be selected for this project, we ask for the opportunity to work with you to modify the Contract terms to better assure the delivery of the full measure of professional services that the County looks to procure while maintaining all required insurance coverage. We welcome the opportunity to discuss our concerns with Carteret County and resolve these matters in a way that benefits everyone. Articles we would like to discuss for revisions include: Article Article Article Article Article 2.3 3.1.5.10 3.1.8.4 4.2.6 10.2 2.4.2 3.1.5.11 3.1.8.5 4.2.7 11.1 2.5 3.1.5.12 3.1.8.9 4.3.2 11.4 3.1 3.1.5.13 3.2.1 4.5 11.5 3.1.1 3.1.5.14 3.2.2 4.5.1 11.6 3.1.3 3.1.5.15 3.2.3 4.5.2 13.1 3.1.5 3.1.6.4 3.2.4 4.5.3 3.2.2 3.1.6.9 3.2.5 5.4 3.2.3 3.1.7.4 3.3.1.1 5.5 3.3.2 3.1.7.6 3.3.1.2 6.9 3.3.3 3.1.7.9 3.1.3.3 7.1.6 3.3.4 3.1.7.13 3.4.1 7.1.7 3.1.3.5 3.1.7.15 3.4.1.2 7.1.11 3.1.3.8 3.1.7.16 3.4.2 7.1.13 3.1.4.2 3.1.7.17 4.2.1 7.1.17 3.1.4.3 3.1.7.19 4.2.2 9.1 (b) 3.1.4.5.1 (vi) 3.1.7.21 4.2.3 9.1 (d) 3.1.4.5.1 [x) 3.1.8.1 4.2.4 9.7 3.1.5.8 3.1.8.3 4.2.5 10.1 39 Moseley Architects IV. Consent Agenda 3. Approval of the following Budget Amendments: C. $225,000 Appropriation of Funds for Inmate Medical Expenditures CARTERET COUNTY FINANCE Denise H. Meshaw, CPA Tel: (252) 728-8410 Deputy County Manager Fax: (252) 728-0133 Finance Department em@careretoumypnegow ww.caneretcounynegow 0 To: Board of Commissioners From: Dee Meshaw, Deputy County Manager Date: June 16, 2025 Subject: Inmate Medical Budget Amendment Attached for your consideration is a $225,000 budget amendment appropriating funds for inmate medical expenditures. After reviewing the expenditures year to date, the expenditures will exceed the amount projected during the FY25 budget preparation. We will not know the exact amount of inmate medical expenditures until August or early September due to the lag in timing of entities billing the County. Approval of the attached budget amendment is recommended. Carteret County Finance e 210 Turner Street e Beaufort, North Carolina 28516-1898 Carteret County Budget Amendment Fiscal Year: 2024-25 Department: Detention Center Date: 06/16/25 Justification: To appropriate additional funds for inmate medical expenditures higher than anticipated Fund Description Account Number Increase General Fund Revenues Fund Balance 110.00.3990.990 225,000 Total Increase in Revenues 225,000 Expenditures Inmate Medical Care 110.10.4314.39600 225,000 Total Increase in Expenditures 225,000 Chair Board of Commissioners Date: IV. Consent Agenda 4. Approval of the Davies Contracting Bid to Renovate the New Administrative Building Reception Area, $34,506 Carteret County Public Buildings Aaron Elms 5231 Business Drive Public Buildings Manager Newport, NC 28570 Aaron.eims@carteretcountyne.gov CARO - Bus :252-646-7878 MEMORANDUM DATE: 5/29/25 TO: Board of Commissioners CC: Sharon D. Griffin, County Attorney/ County Manager FROM: Aaron Elms, Public Buildings Manager RE: Award of New Administration Building renovation Carteret County Public Building has recently requested bids for renovation at the Carteret County New Administration Building (210 Turner St Beaufort, NC 28516) to provide staff/public separation. The low bid was received for this project was from Davies Contracting at $34,506.00 Public Buildings would like to recommend approval oft this bid. Carteret County Courthouse .302 Courthouse Square e Beaufort, North Carolina 28516 CARTERET COUNTY GOVERNMENT Phone: 252-648-7877 RO New Admin Renovation Bid Tab Bid closing date: May 27, 2025 @ 9:00 AM EST. Company Base Bid Davies Contracting $34,506.00 Owens Construction No Bid AW Contracting No Bid Atlantic Glass and Mirror No Bid WCB Builders No Bid DOT Construction No Bid Glass Doctor No Bid Streamline Developers No Bid Primus No Bid Glass, Bath, and Closets No Bid Mailing: 5231 Business Drive Newport, NC 28570 Location: 5231 Business Drive Newport, NC 28570 1 C - S 31177213 3 CARO Request for Proposals Carteret County Government New Admin Renovation Carteret County, North Caroling Issued: May 20, 2025 Submission Deadline: May 27, 2025 by 9:00 AM, EST. 1 Carteret County Government New Admin Renovation CARTERET COUNTY PUBLIC BUILDINGS Phone: 252-648-7877 REQUEST FOR PROPOSAL Date: 05/20/2025 To: Interested Contractors Project Name: New Admin Reception Renovation Scope of Work: Carteret County Government is soliciting competitive proposals to furnish and install a new storefront system for the reception area of the New Admin Facility located at 210 Turner St, Beaufort, NC 28516. The Contractor shall abide by the details and shall refer to the associated diagrams in addition to the scope of work specified within the documents provided below. Storefront Detail The Contractor shall install a new storefront system over the existing reception area, incorporating two services areas and an exit-only glass door with a crash bar. The new system shall include two (2) pass-through service openings, each fitted with aluminum, non-ballistic speak-throughs, and an 36" x 80" exit only storefront door equipped with an interior crashbar. All glass shall be 1/4" tempered storefront glass. Framing shall bc four-inch (4") aluminum storefront material. All gaps and voids shall be closed using like materials. The new system shall be securely fastened. If necessary, supports above the drop grid ceiling shall be included. General Detail The Contractor shall relocate any electrical devices in the way of the existing back wall in order to create a 4-foot (4) opening encased in wooden trim. Wooden trim shall be l"x 6" with mitered edges painted white. New Mannington Commercial, Nature's Path, Madison Maple - Creek, 6"x36" LVP flooring shall be used to tie into the existing flooring following the new 4-foot (4') opening. 2 Carteret County Government New Admin Renovation Schedule, Cleaning, and Miscellaneous Interested Contractors shall contact the County POC for a site visit. Work shall be performed outside normal business hours, scheduled by the County POC. The Contractor shall paint all disturbed areas to match existing colors. All new material shall be installed in accordance with the manufacturer's recommendations. The Contractor shall verify all measurements and material quantities. All associated debris shall be cleaned and disposed off-site after each work day. Any damages caused by the Contractor shall be the Contractor's responsibility to fix or replace at the County's discretion. The Contractor shall obtain the required permits, if required, give all notices to the POC (including a copy of any permits), and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work. Permits shall be posted onsite at project location. No time extensions shall be granted or financial consideration given to the Contractor for time or monies lost due to violations of any such ordinance, code, law or regulations that may occur. Alternate No.1 Bid: The Contractor shall install a sliding glass window with pulls in place of the opening, as shown in the diagram below. Create New 4' Opening 1/2' 30"H x 37"L 42"H * 87 1/2"L. New storefront/ Exit Only Door Existing 3' Wide Desk New storefront system Bites Cravingt Froseser Dravnt Hotest Carteret County 210 Turner St. Beaufort, NC 28516 050225 0000525 RF Government Date: Nev Admin Recoption Title Scale: Is Fev: Renovation General Detail A 3 Carteret County Government New Admin Renovation Trim Out Gap Existing Ceiling 5" Speak Through 4' 11 3/4" 5' 11 1/2" 5" Speak Through 9 2' 5" Opening 12" X 6" Opening Trim Out Gap Trim Out Gap Existing Desk Site: Dravirg: Froject: Dravn: Hores:. Carteret County 210 Turner St. Beaufort, NC 28516 050225 0000525 RF Base Bid Government New Adain Reception Title Scale: Date: Rev: Renovation : Front View Base Bid C 4 Carteret County Government New Admin Renovation 4" Aluminum Storefront Framing 9' -Existing Desk Inside Crash Bar 36" x 80" Glass Storefront Door Site: Draving: Project: Drasn: Hotes: Carteret County 210 Turner st. Beaufort, NC 28516 050225 0000525 RF Government New Achmin Reception Title Scale: Date: Rav: Renovation Side View D 5 Carteret County Government New Admin Renovation Trim Out Gap Existing Ceiling à 2' sliding Window 4' 11 3/4" 5' 11 1/2" 5" Speak Through 9' 12" x 6" Opening 4 Trim Out Gap Trim Out Gap Existing Desk Sice: Drawing: Froject: Dran: Hotest. Carteret County 210 Turner St. Beaufort, NC 28516 050225 0000525 RF Aicernate B14 Government New No.1 Admin Reception Ticle Scale: Date: Rev: Sliding Glass Renovation Pront View Alternate 1 5 Windov Primary Point of Contact: Mr. Ray Farnum Phone: 252-241-6913 Email: Ravfarmum@cartereteountyne.goy Due Date: 05/27/2025 by 9:00 AM, EST. Contractors shall provide their W-9 as well as current Certificates of Insurance for public liability, property damage, and Workers' Compensation. Certificates of Insurance shall have "Carteret County Government, 30Z Courthouse Square, Beaufort, NC: 28516" listed as additionalyinsured, with proposals submission. The Contractor shall unconditionally: guarantee materials and workmanship against patent defects arisingf from faulty materials, faulty workmanship or negligence fora ap period of twelve (12) months following the final acceptance of the work and shall replace such defective materials or workmanship without cost to the owner. Payment will ber made Inc one lump sum within thirty (30) consecutive days after acceptance of the work and the submission both of notarized contractor's affidavit andf four coples ofi invoices, which are toi include the contract, account and job order numbers, if applicable. Please provide your proposal with break outs for labor, materials and tax,i if applicable. Failure to abide byt the conditions within mayresult as an incomplete proposal. 6 Carteret County Government New Admin Renovation Award of Contract Carteret County Government reserves the right to award to multiple contractors deemed to be fully qualified and best suited among others submitting proposals on the basis of the evaluation factors included within this RFP. Once the proposals are ranked by Carteret County Governments Committee and the qualified contractor is determined, Carteret County Government may conduct further negotiations, and/or request presentations to any or all contractors. Carteret County Government reserves the right to accept or reject, in whole or in part, proposals directed to the best interest of the County. Each contractor shall fill out the required information within this RFP, submit Certificate of Insurance for liability and Worker's Compensation in order for the proposal to be qualified. Carteret County Government reserves the right to reject any or all proposals for any reason. Carteret County POC All inquiries concerning the Scope of Services, Proposal Submission Requirements or Site Visits should be directed to: Mr. Ray Farnum Project Coordinator 5231 Business Drive, Newport, NC 28570 Email: ahmumasanatsnse Telephone: 252-241-6913 Proposals shall be emailed, mailed, andlor hand delivered to the address of the POC shown above, and the sealed envelope shall clearly state the name of this RFP. It is the sole responsibility of the Contractor to ensure that their proposal arrives by the designated submission date assigned. Interested Contractors shall provide a breakdown of their proposal on their company letterhead attached to this RFP. Issued Date: May 20, 2025 Due Date - Proposals to the attention of Mr. Ray Farnum are due no later than May 27, 2025 by 9:00 AM, EST. 7 Carteret County Government New Admin Renovation GENERAL CONDITIONS GENERAL a) Iti is understood and agreed that by submitting a bid that the Contractor has examined these contract documents, drawings and specifications and has visited the site of the Work, and has satisfied himself relative to the Work to be performed. MATERIALS, EQUIPMENT AND EMPLOYEES a) The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, fuel, sanitary facilities and incidentals necessary for the completion ofhis work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a completej job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied there from, all in açcordance with the contract documents. b) All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications. No changes shall be made in the Work except upon written approval and change order by Director, Carteret County General Services. Products are generally specified by ASTM or other reference standard and/or by manufacturer's name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option ofusing any product and manufacturer combination listed. e) However, the contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and çonvey to bidders the general style, type, character and quality of product desired; and that equivalentproducts will be acceptable. Substitution of materials, items or equipment of equal or equivalent design shall be submitted to the architect or engineer for approval or disapproval; such approval or disapproval shall be made by the architect or engineer prior to the opening of bids. If at any time during the construction and completion of the work covered by these contract documents, the conduct of any worker of the various crafts be adjudged a nuisance to the Owner or if any worker be considered detrimental to the work, the Contractor shall order such parties removed immediately from the site. The contractor shall designate a foreman'superintemdent who shall direct the work. CODES, PERMITS AND INSPECTIONS a) The Contractor shall obtain the required permits, ifi required, give all notices, and comply with all laws, ordinançes, codes, rules and regulations bearing on the conduct of the work under this contract. Ifthe Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Designer in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the Owner, he shall bear all cost arising from non-compliance with requirements. b) All work under this contract shall conform to the current North Carolina Building Code and other state and national codes as are applicable. 8 Carteret County Government New Admin Renovation SAFETY REQUIREMENTS a) The Contractor shall be solely responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He shall be responsible for any damage to the Owner's property or that ofothers on the job, by himself, his personnel or his subcontractors, and shall make good such damages. He shall be responsible for and pay for any claims against the Owner arising from such damages. b) The Contractor shall adhere to the rules, regulations and interpretations of the North Carolina Department of Labor relating to Occupational Safety and Health Standards for the Construction Industry (Title 29, Code of Federal Regulations, Part 1926 published in Volume 39, Number 122, Part 11, June 24, 1974 Federal Register), and revisions thereto as adopted by General Statutes of North Carolina 95-126 through 155. C) The Contractor shall provide all necessary safety measures for the protection of all persons on the work, including the requirements of the AGC Accident Prevention Manual in Construction as amended, and shall fully comply with all state laws or regulations and North Carolina Building Code requirements to prevent accident or injury to persons on or about the location of the work. He shall clearly mark or post signs warning of hazards existing, and shall barriçade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress ofthe work. TAXES a) Carteret County is not exempt from North Carolina State Sales and Use Taxes on labor, material and equipment to be incorporated in the Work. Said taxes shall be included in invoices submitted by Contractor. Contractor in submitting his invoices shall break out all sales taxes as a separate item and County where purchase was made. EQUAL OPPORTUNITY a) The non-discrimination clause contained in Section 202 (Federal) Executive Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations prescribed by the Secretary of Labor, are incorporated herein. b) The Contractors agree not to discriminate against any employees or applicant for employment because of physical or mental handicap about any position for which the employees or applicant is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physiçal or mental handicap in all employment practices. INSURANCE (a) To the fullest extent permitted by laws and regulations, Contractor shall indemnify and hold harmless the County and its officials, agents, and employces from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including but not limited to fees and charges of engineers or architects, attorneys, and other professionals and costs related to court action or arbitration) arising out of or resulting firom Contractor's performance of this Contract or the actions ofthc Contractor or its officials, employees, or contractors under this Contract or under contracts entered into by the Contractor in connection with this Contract. This indemnification shall survive the termination of this Contract. Carteret County Government New Admin Renovation (b) In addition, Contractor shall comply with the North Carolina Workers' Compensation Act and shall provide for the payment of workers' compensation to its employees in the manner and to the extent required by such Act. Additionally, Contractor shall maintain, at its expensc, thc following minimum insurance coverage: $1,000,000 per occurrence. /$2,000,000 aggregate-Bodily Injury Liability, and $100,000 Property Damage Liability or 1,000,000 per occurrence /$2,000,000 aggregate- Combined Single Limit Bodily Injury and Property Damage. (c) The Contractor upon execution of this Contract shall furnish to the County a Certificate of Insurance reflecting the minimum limits stated above. The Certificate shall provide for thirty- (30) days advance written notice in the event ofa decrease, termination or cancellation of coverage. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. AIl such insurance shall meet all laws ofthe State ofNorth Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Contractor shall at all times comply with the terms of such insurance policies, and all requirements ofthe insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Contract. The limits of coverage under each insurance policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. INVOICE FOR PAYMENT a) Payment will be made in one lump sum within thirty (30) consecutive days after acceptance ofthe work and the submission both ofnotarized contractor's affidavit and four copies ofinvoices, which are to include the contract, account and job order numbers. b) Each invoice shall note the amount ofSales Tax paid by the Contractor, contain release oflien from subcontractors and vendors for prior invoices paid, and contain a notarized contractor's affidavit. C) The Contractor's affidavit shall state, "This is to certify that all costs ofmaterials, equipment, labor, and all else entering into the accomplishment of this contract, including payrolls, have been paid in full." u Executed contract documents, insurance certifications and, upon completion and acceptance ofthe work, invoices and other information requested are to be sent to: Mr. Ray Farnum Project Coordinator 5231 Business Drive, Newport, NC 28570 Email: BpAsTsStNaNt Telephone: 252-241-6913 e) Iti is imperative that contract documents, invoices, ctc., be sent only to the above address in order to assure proper and timely delivery and handling. 10 Carteret County Government New Admin Renovation CLEANING UP a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do sO by Carteret County. Before final inspection and acceptance ofthe project, the Contractor shall thoroughly clean the sites, and completely prepare the project and site for use by Carteret County. GUARANTEE a) The Contractor shall unconditionally guarantee materials and workmanship against patent defects arising from faulty materials, faulty workmanship or negligence for a period of twelve (12) months following the final acceptance of the work and shall replace such defective materials or workmanship without cost to the owner. b) Where items of equipment or material carry a manufacturer's warranty for any period in excess of twelve (12) months, then the manufacturer's warranty shall apply for that particular piece of equipment or material. The Contractor shall replace such defective equipment or materials, without cost to the owner, within the manufacturer's warranty period. c) Additionally, the owner may bring an action for latent defects caused by the negligence of the contractor, which is hidden or not readily apparent to the owner at the time of beneficial occupancy or final acceptance, whichever occurred first, in accordance with applicable law. CONTRACTOR-SURCONTRACTOR RELATIONSHIPS The Contractor agrees that the terms of these contract documents shall apply equally to a subcontractor as to the Contractor, and that the subcontractor is bound by those terms as an employee of the Contractor. 11 Carteret County Government New Admin Renovation SUPPLEMENTARY GENERAL CONDITIONS TIME OF COMPLETION The Contractor shall commence work to be under this Contract on an agreed upon project schedule between the County and Contractor, to be specified in written order from the County and or shall fully complete all work hereunder within (90) consecutive calendar days from the Notice to Proceed for the base bid contract. For each day in excess ofthe above number of days, the Contractor shall pay the Owner the amount of One Hundred Dollars ($100) as liquidated damages reasonably estimated in advance to cover the losses to be incurred by the Owner should the Contractor fail to complete the Work within the time specified. Ifthe Contractor is delayed at any time in the progress ofhis work by any act or negligence of the Owner, his employees or his separate contractor, by changes ordered in the work; by abnormal weather conditions; by any causes beyond the Contractor's control or by other causes deemedj justifiable by Owner, then the contract time may be reasonably extended in a written order from the Owner upon written request from the contractor within ten days following the cause for delay. UTILITIES Temporary utilities services are furnished at contractor's expense unless otherwise noted. (i.e.; power, water, sewer, steam, telephones, portable toilets, trash containers, etc.) INSTRUCTIONS FOR WORKING ON COUNTY PROPERTY a) Parking & Traffic Construction that will block facility traffic flow/close street requires one- week written notice to the Public Building Manager. b) Decorum - It is illegal for any person to have firearms, alcoholic beverages, drugs (except those prescribed by a physician) on County property. Violators will be reported to local law enforcement. c) Behavior Indecent language, harassing "cat" calls or whistles, etc., will not be tolerated. Violators will be removed from county property immediately; questions will be asked later. Proper dress is required, long pants and shirts will be worn at all times. Loud music is not permitted. d) Use of Building Contractor personnel are not permitted to use Buildings/Pacilities for restrooms, eating, or leisure activity. Unless prior approval is granted by County Representative. e) Locate for Utilities When digging or trenching on or adjacent to County property, a 48-hour notice is required to locate existing underground utilities. Contractor must contact the Public Works Department (252-648-7878) as well as the NC One Call Center (1-800-632-4949) for public utilities. f) Disruption of Utilities - When any underground utilities or unusual conditions are damaged or encountered, contact the Public Works Department (252-648-7878) immediately. The Public Works Department will investigate and advise as needed. Contractor must have personnel available to effect immediate repair. If damage occurred due to failure of the County to properly locate utilities, the contractor will be reimbursed. Planned Outages Outages needed to allow contractor to complete or perform work, must be scheduled with the Public Buildings Department (252-648-7877). Onc-week written notice is required for all outages. h) Access to Buildings Access to perform work in a building after normal working hours (8:00 a.m. to 5:00 p.m. Monday Friday) must be coordinated through the Public Buildings Department with 24 hours in advance. Exterior work performed after normal working hours should also be reported to the Public Works Department 24 hours in advance. 12 Carteret County Government New Admin Renovation ALTERNATE BIDS (ADD OR DEDUCT) Alternate Bid No.l - Aue4,375 MINORITY BUSINESS PARTICIPATION a) Itis the intent ofthe County to encourage Contractors in making every effort to utilize Minority Business Enterprises for subcontracted work. The County has established efforts to record participation ofs such Enterprises by the attached "Appendix E - MBE DOCUMENTATION FOR CONTRACT PAYMENTS". The Contractor shall include the attached Appendix E with each pay application. b) Bidders can use the Office for Historically Underutilized Business website phwdasedana to locate HUB contractors. c) Nothing in these guidelines shall be construed to require contractors or awarding authorities to award contracts or subcontracts to or to make purchases of materials or equipment from minority- business contractors or minority-business subcontractors who do not submit the lowest responsible, responsive bid or bids. E-VERIFY EMPLOYER COMPLIANCE The contractor represents and covenants that the contractor and its subcontractors comply with the requirement of Article 2 of Chapter 64 ofthe North Carolina General Statutes (NCGS). In this E-Verify Compliance section, "contractor" "its subcontractors" and "comply" shall have the meanings intended by NCGS 153A-499 (b). The County is relying on this section in entering into this contract. The parties agree to this section only to the extent authorized by law. Ifthis section is held to be unenforceable or invalid in whole or in part, it shall be deemed amended to the extent necessary to make this contract comply with NCGS 153A-499 (b). SUPERINTENDENT The Contractor shall employ a competent superintendent who shall represent the Contractor and have the authority to make field decisions necessary for performing the work. Competency must be demonstrated by performing high quality construction work on time according to Contractor's approved schedule. County reserves the right to require replacement of the superintendent by Contractor without explanation from the County. INDEMNIFICATION The Contractor will indemnify and hold the County harmless from any and all liability, expense,j judgment, suit, or cause of action for personal injury, death, or direct damage to tangible property which may accrue against the County to the extent it is caused by the negligence ofContractor, or its Sub-Contractors, or their employces or agents, whilc performing duties under this Agreement, provided that the County gives the Contractor prompt, written notice of any such claim or suit. TERMINATION Carteret County Government shall have the right to terminate this contract immediately by written notice to the Contractor if the Contractor fails to execute the services promptly and to Carteret County Governments satisfaction, or fails to perform any obligation imposed by any provisions ofthis Contract. In the event of termination for default, Carteret County Government has against the Contractor all remedies provided by law and equity. 13 Carteret County Government New Admin Renovation PERFORMANCE AND PAYMENT BONDS A Performance Bond is not required. Al Payment Bond is not required. PRE-CONSTRUCTION CONFERENCE The owner may require a pre-construction conference to review project with contractor. Date will be set after award of contract. PROJECT SCHEDULE The owner may require a project schedule to show dates for planned work phases and completion date. SUMMARY OF PAPERWORK Prior to Award 1 - Submit Certificate of Insurance for liability and Worker's Compensation. 2 - Submit Iran Divestment Act Certification. 3 - Submit breakdown of materials, labor and tax on a company letterhead. 4 - Submit Service Agreement. After Award 1- Submit Project Schedule 2- - Submit completed Sales Tax Summary and Detail forms, state "None" ifapplicable. Final Payment I- - Submit invoice only after work is complete. 2 - Submit completed Sales Tax Summary and Detail forms, state "None" if applicable. 3 - Submit Contractor's Warranty Letter, state date ofacceptance agreed with owner. 3 - Submit Contractor's Affidavit Letter. 14 Carteret County Government New Admin Renovation IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY N.C.G.S. 147-86.59 As of the date listed below, the vendor or bidder listed above is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 147-86.58. The undersigned hereby certifies that he or she is authorized by the vendor or bidder listed above to make the foregoing statement. Aan Shzfs Signature Date Mek Timmr Dojul Maage Printed Name Title Notes to persons signing this form: N.C.G.S. 147-86.59(a) requires this certification for bids or contracts with the State of North Carolina, a North Carolina local government, or any other political subdivision of the State ofNorth Carolina. The certification is required at the following times: When a bid is submitted When a contract is entered into (ifthe certification was not already made when the vendor made its bid) When a contract is renewed or assigned N.C.G.S. 147-86.59(b) requires that contractors with the State, a North Carolina local government, or any other political subdivision ofthe State ofNorth Carolina must not utilize any subcontractor found on the State Treasurer's Final Divestment List. The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the address MAPAREANEEOAVleN and will be updated every 180 days. 15 Carteret County Government New Admin Renovation PROJECT TITLE: Month /Date/ / Year B9 SUBCONTRACTOR: DESCRIPTION OF WORK: FEDERAL ID #: NC CONTRACTOR LISCENSE #: STREET ADDRESS: CITY, STATE, ZIP: EMAIL ADDRESS: FIELD CONTACT AND CELL #: SUBCONTRACTOR: DESCRIPTION OF WORK: FEDERAL ID #: NC CONTRACTOR LISCENSE #: STREET ADDRESS: CITY, STATE, ZIP: EMAIL ADDRESS: FIELD CONTACT AND CELL #: 16 Carteret County Government New Admin Renovation AGREEMENT FOR SERVICES New Admin Renovation A. This Amendment shall be considered part of the bid document 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. It will be construed that each bidder's proposal is submitted with full knowledge of all modifications and supplemental data specified herein. Service Agreement (listed below) Exceptions to the Sample Service Agreement. Attached is a sample Service Agreement that describes the County's terms and conditions. The successful firm will be required to enter into a Service Agreement. Any exceptions to the terms and conditions of the Agreement must be documented and submitted in this Section. In addition, any additional language, terms or conditions must be submitted in this section. BIDDER MUST ACKNOWLEDGE THIS AMENDMENTBY SIGNING BELOW AND ATTACHING THE SIGNED AMENDMENT TO THE BID FORM: Company Name Dunts Condauhhy Contact Person, Macl A ) 3 V - Signature Tl Date Skz/zc 17 Carteret County Government New Admin Renovation SAMPLE ONLY - do not fill in AGREEMENT FOR SERVICES THIS AGREEMENT FOR SERVICES ("Agreement") is made this - Jof[ ], 2025 (the "Effective Date"), by and between the County of Carteret, al North Carolina municipal corporation (the "County), and [SERVICE PROVIDERI1, a(n) STATE OF JINCI2 ("Service Provider'). The County and Service Provider are at times collectively referred tol 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 and inferred therefrom or customarily provide in the performance of services of the nature to be provided by Service Provider pursuant hereto (he "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: SECTIONI. 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. Furtherore, 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 1E.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." n , "LLC" or other designation indicating the type of entity if Service Provider is an entity (e.g., "Acme Consulting, Inc." rather than "Acme Consulling"). 2E.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-i.e., "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 of the State of [SERVICE PROVIDER'S STATE OF RESIDENCE!. A. Provision of the Services- Service Provider will provide the Services in accordance with the terms and conditions of this Agreement. 18 Carteret County Government New Admin Renovation 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 $34,506.00 ]. 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, ifs such negotiations are successful, will be governed by an amendment to this Agreement or a new separated agreement between the Parties. SECTION III. 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") furished by Service Provider under this Agreement. 2. The Services shall be performed consistent with the schedule, if any, set forth on Exhibit A. Ifno such schedule is set forth on Exhibit 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 19 Carteret County Government New Admin Renovation 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 world 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 confict, 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 toi it 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 a representative to act on behalf of Service Provider with respect to the Services to be performed hereunder (the "Designated Representativel"). The Designated Representative's decisions, agreements, and actions relating to the Services to be provided hereunder shall be binding upon Service Provider. Ift 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 andlor 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. 20 Carteret County Government New Admin Renovation 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 andi in the amounts set forth on Exhibit A and subject to the provisions oft 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 thirly (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 promplly 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- Ifa any items in any invoice are disputed by the County for any reason, including the lock 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 shall 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. 21 Carteret County Government New Admin Renovation 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 thereofi in ai 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 thirly (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 hold 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, costs, 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 andi 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 witing to Service Provider; () use of any Deliverables in combination with any materials or equipment not supplied to the County or specified by Service Provider in writing, if the infringement 22 Carteret County Government New Admin Renovation 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 VI. 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. Ift this Agreement is terminated by the County pursuant to this Section VII.B, Service Provider shall be paid for the portion of Services satisfactorily performed through the effective time of such termination. C. Post-Termination Obligations. Upon any termination effected pursuant to this Section VI, Service Provider shall (1) promplly 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 perforing 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 VIL.E and Section I.B, Section ILA.8, Section V, Section VI, Section VILC, Section VI.D, Section VII, and Section X, and any right or obligation of the Parties in this Agreement which, by its nature, should survive termination or expiration of this Agreement, will survive any such termination or expiration oft 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 thati 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 VIL.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. Skil, Title, Non-Infringement, and Conformity with Specifications. In addition to the implied warranties of merchantability andi 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: 23 Carteret County Government New Admin Renovation 1. its shall perform the Services using personnel of required skill, experience, and qualifications andi 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 propertly 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 Information to any third party without the prior written consent of the Counly; provided, however, that Service Provider may disclose 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 () reasonable assislance, at the County's sole cost and expense, in opposing such disclosure 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 proprietaryi 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 criminal 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). 24 Carteret County Government New Admin Renovation SECTION IX. MEETINGS A. General. Subject to any more specific provisions set forth on Exhibit 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, ifn 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 (ie., 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. 25 Carteret County Government New Admin Renovation F. Governing Law; Jurisdiction. This Agreement and performance thereof shall be governed, interpreted, construed, and regulated by the laws of 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, if 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 attomeys' fees and court costs from the non-prevailing Party, in addition to any damages and costs otherwise awarded to the prevailing Party. G. Equitable Reliet. Each Party acknowledges that al breach by a Party of Section IIL.A.8 or Section VIII.D may cause the non-breaching Parly 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 entitled 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. 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): Ifto 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.) 26 Carteret County Government New Admin Renovation 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 its 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. 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 construclion 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, its 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. SIGNATURES BEGIN ON THE NEXT PAGEI 27 Carteret County Government New Admin Renovation IN WITNESS WHEREOF, this Agreement is entered into by the Parties as of the Effective Date. The County of Carteret By: Name: Title: Preaudit Certificate This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Dee Meshaw, Depuly County Manager Service Provider: If Service Provideris an entily: IfService Provider is an individual: [LEGAL NAME OF SERVICE PROVIDER] By: Signature Name: Print name: LEGAL NAME OF SERVICE PROVIDERI Title: Service Provider's address for notices: Attn.: 28 Carteret County Government New Admin Renovation PROPOSAL AND CONTRACT Carteret County Government New Admin Renovation The undersigned, as bidder, proposes and agrees ifthis proposal is accepted to contract with Carteret County for the furnishing of all materials, equipment, labor and tax necessary to complete the Carteret County New Admin Renovation described in these documents in full and complete accordance with requirements, specifications, and contract documents, and to the full and entire satisfaction of Carteret County for the sum of: $_34,506 Contractor: Dhues (onlradnyg Federal ID#: 87-2731391 By: Johaf Dones Witness: Mek-Tinn Title: Doner (Owner; partner, corp. Pres. or Vice President) Address:1454) Ne-24,Morchad GNc 29557 Attest: (corporation) Email Address: fpdurisse tontadig.cor (Corporate Sea!) By: License #: 81987 Title: Presided/Donel (Copanatonsercigy/AHt Secretary.) 29 Carteret County Government New Admin Renovation IN 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 (Seal) Dbke Gonyuhny Contractor NeL 2 Authorized Representative (Seal) Mark Timmer Printed Name Pojcuh Mangae 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 Sharon Griffin County Manager/County Attorney NORTH CAROLINA COUNTY OF CARTERET GOVERNMENT I, al Notary Public of the State and County aforesaid certify that Sharon Griffin acknowledged that she is the Interim County Manager of County of Carteret, and that authority duly given as the act of the Board signed the foregoing instrument signed in its name by the Interim County Manager, scaled with its corporate seal. WITNESS my hand and official seal, this day of 2025 Notary Public My Commission expires: 30 Carteret County Government New Admin Renovation IV. Consent Agenda 5. Approval of the Davis Contracting Bid to Renovate the Board of Elections, $36,104 Carteret County Public Buildings Aaron Elms 5231 Business Drive Public Buildings Manager Newport, NC 28570 AdaroNeeN CARO Bus :252-646-7878 MEMORANDUM DATE: 5/29/25 TO: Board of Commissioners CC: Sharon D. Griffin, County Attorney/ County Manager FROM: Aaron Elms, Public Buildings Manager RE: Award of Board of Elections renovation Carteret County Public Building has recently requested bids for renovation at the Carteret County Board of Elections (1702 Live Oak St Beaufort, NC 28516)The low bid was received for this project was from Davies Contracting at $36,104.00 Public Buildings would like to recommend approval of this bid. Carteret County Courthouse 0302 Courthouse Square e Beaufort, North Carolina 28516 CARTERET COUNTY GOVERNMENT Phone: 252-648-7877 : Board of Elections Renovation Bid Tab Bid closing date: May 27, 2025 @ 9:00 AM EST. Company Base Bid Davies Contracting $36,104.43 Owens Construction No Bid AW Contracting No Bid Atlantic Glass and Mirror No Bid WCB Builders No Bid DOT Construction No Bid Glass Doctor No Bid Streamline Developers No Bid Primus No Bid Glass, Bath, and Closets No Bid Mailing: 5231 Business Drive Newport, NC 28570 Location: 5231 Business Drive Newport, NC 28570 3 CARO Request for Proposals Carteret County Government Board of Elections Renovation Corteret County, North Carolina Issued: May 20, 2025 Submission Deadline: May 27, 2025 by 9:00 AM, EST. Carteret County Government Board of Elections Renovation CARTERET COUNTY PUBLIC BUILDINGS Phone: 252-648-7877 AP REQUEST FOR PROPOSAL Date: 05/20/2025 To: Interested Contractors Project Name: Board of Elections Renovation Scope of Work: Carteret County Government is soliciting competitive proposals to make renovations by converting the existing doors to a storefront service area and removing the right window to install an exit door for the entry of the Board of Elections located at 1702 Live Oak Street. Suite 200, Beaufort, NC only 28516. The Contractor shall abide by the details and shall refer to the associated diagrams in addition to the scope of work specified within the documents provided below. Storefront Detail The Contractor shall remove the existing double doors and framing and install an ADA compliant counter integrated with a new storefront system. All sheetrock work, framing, painting, trim, and necessary modifications shall be included. The storefront system shall include two service areas, each featuring pass-through windows with aluminum, non-ballistic speak-throughs. All glass shall be 1/4" tempered storefront glass. Framing shall be aluminum storefront material. Countertop Detail The countertop dimensions and materials are shown below. The top of the countertop shall be approximately thirty-five-inches (35") from the finished floor. It shall extend two-feet (2') into the hallway area and one-foot (I') into the office area. All countertop edges shall be bullnosed, except the end that will tie into the wall. Wooden countertop brackets shall be securely fastened into the countertop and wall to support the countertop. 2 Carteret County Government Board of Elections Renovation Door Detail Remove the existing right-side window and install a thirty-six-inch by cighty-two-inch (36"x82") flat faced metal exit only door and frame equipped with a crash bar, located inside the office. The new door and frame shall be painted to match existing beige color. Office Area General Detail New 8-inch (8") black vinyl cove base shall be added where missing following the storefront installation. The motion sensor located above the existing double doors shall be removed and given to the County POC. The existing emergency exit sign with integrated emergency lights shall be removed and disposed. Relocate the existing emergency exit wiring above the new door to install a new emergency exit sign with lights. Hallway Area General Detail New one-inch by 8-inch (I"x8") wooden trim with shoe molding shall be added where missing after the storefront installation. All new trim shall be painted to match the existing beige color. Schedule, Cleaning, and Miscellaneous Interested Contractors shall contact the County POC for a site visit. Work shall be performed outside normal business hours, scheduled by the County POC. The Contractor shall paint all disturbed areas to match existing colors. All new material shall be installed in accordance with the manufacturer's recommendations. The Contractor shall verify all measurements and material quantities. All associated debris shall be cleaned and disposed off-site after each work day. Any damages caused by the Contractor shall be the Contractor's responsibility to fix or replace at the County's discretion. The Contractor shall obtain the required permits, ifrequired, give all notices to the POC (including a copy of any permits), and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work. Permits shall be posted onsite at project location. No time extensions shall be granted or financial consideration given to the Contractor for time or monies lost due to violations of any such ordinance, code, law or regulations that may occur. Alternate Bid No. 1 - The Contractor shall provide a separate cost to furnish and install a granite countertop in licu ofthe Formica countertop. Carteret County Government Board of Elections Renovation 3 Sice: 1702 Live Oak Street. Suit 200, Draving Frojeser Boaufort, NC 28516 050125 0000416 ta Hocest Carteret County Tiele General Scaler Dacer Revi Government Board of Elections e Renovation Formica Countertop Detail Folkstone Celesta Matte or Equivalent 6'0" 4'0" 100 aite: Draving Brojeses Dravne Hoseas 1702 Live Oak st. Suit 200, 050125 0000416 RF Pailnon Carteret County Beautort, NC 28516 Temie lea Government Board of Eleotions CCURLEETOP ESgss. : Renovation Title Countertop Detail Scale: Fates 08/01/2035 Revi BMIIDaP. 1M ay ans ints 1' ince ares. LE 4 Carteret County Government Board of Elections Renovation Hallway View 4-loch Alualnun Franing 36'x82" Plat Faced Ketal Dooz 5 speak Through Vust 12-inch Mide by 6-loch Bigh Vass Throuyh Mindov 35* Lo top of counter Primary Point of Contact: Mr. Ray Farnum Phone: 252-241-6913 Email: HmhmamaamteaNsEs Due Date: 05/27/2025 by 9:00 AM, EST. Contractors shally providet thelr W-9 as well as current Certificates of Insurance for public liability, property damage, and Workers' Compensation. Certificates of Insurance shall have "Carteret County Government, 302 Courthouse Square, Beaufort, NC: 28516" listed as additionally insured, with proposal submission. The Contractor shall unconditionally guarantee materials and workmanship against patent defects arising from faulty materials, faulty workmanship or negligence for aperiodo of twelve (12), months following thef final acceptance of the work and shall replace such defective materials or workmanship without cost tot the owner. Payment will ber made inc one lump sum within thirty (30) consecutive days after acceptance of the work and the submission both of notarized contractor's affidavit and four coples of Invoices, which are tol include thec contract, account and] job order numbers, if applicable. Please provide your proposal with break outs for labor, materials and tax, ifa applicable. Fallure to abide by the conditions within mayr result as an Incomplete proposal. 5 Carteret County Government Board of Elections Renovation Award of Contract Carteret County Government reserves the right to award to multiple contractors deemed to be and best suited among others submitting proposals on the basis oft the evaluation factors included fully qualified RFP. Once the proposals are ranked by Carteret County Governments Committee and the within this contractor is determined, Carteret County Government may conduct further negotiations, andlor qualified presentations to any or all contractors. Carteret County Goverment reserves the right to or request in whole orinp part, proposals directed to the best interest of the County. Each contractor shall accept fill out the reject, information within this RFP, submit Certificate of Insurance for liability and Worker's Compensation required in order for the proposal to be qualified. Carteret County Government reserves the right to reject any or all for any reason. proposals Carteret County POC All inquiries concerning the Scope of Services, Proposal Submission Requirements or Site Visits should be directed to: Mr. Ray Farnum Project Coordinator 5231 Business Drive, Newport, NC 28570 Email: RpmAEARANT Telephone: 252-241-6913 Proposals shall be emailed, malled, and/or hand delivered to the address of the POC shown above, and the sealed envelope shall clearly state the name of this RFP. It is the sole responsibility of the Contractor to ensure that their proposal arrives by the designated submission date assigned. Interested Contractors shall provide a breakdown of their proposal on their company letterhead attached to this RFP. Issued Date: May 20, 2025 Due Date - Proposals to the attention of Mr. Ray Farnum are due no later than May 27, 2025 by 9:00 AM, EST. Carteret County Government Board of Elections Renovation GENERAL CONDITIONS GENERAL a) Iti is understood and agreed that by submitting a bid that the Contractor has examined these contract documents, drawings and specifications and has visited the site of the Work, and himself relative to the Work to be performed. has satisfied MATERIALS, EQUIPMENT AND EMPLOYEES a) The contractor shall, unless otherwise specified, supply and pay for all labor, materials, tools, apparatus, lights, power, fuel, sanitary facilities and incidentals necessary transportation, for the completion ofhis work, and shall install, maintain and remove all equipment of the other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike construction, manner, a complete job and everything incidental thereto, as shown on the plans, stated in the or reasonably implied there from, all in accordance with the contract documents. specifications, b) All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications. C) No changes shall be made in the Work except upon written approval and change order by Carteret County General Services. Director, Products are generally specified by ASTM or other reference standard and/or by manufacturer's name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using product and manufacturer combination listed. any e) However, the contractor shall be aware that the cited examples are used only to denote the standard of product desired and that they do not restrict bidders to a specific brand, quality manufacturer or specific name; that they are used only to set forth and convey to bidders the general make, style, type, character and quality of product desired; and that equivalent products will be acceptable. Substitution of materials, items or equipment of equal or equivalent design shall be submitted to the architect or engineer for approval or disapproval; such approval or disapproval shall be made by the architect or engineer prior to the opening of bids. If at any time during the construction and completion of the work covered by these contract documents, the conduct of any worker of the various crafts be adjudged a nuisance to the Owner or ifany worker be considered detrimental to the work, the Contractor shall order such parties removed immediately from the site. The contractor shall designate a foremanksuperintemdent who shall direct the work. CODES, PERMITS AND INSPECTIONS a) The Contractor shall obtain the required permits, ifrequired, give all notices, and comply with all laws, ordinances, codes, rules and regulations bcaring on the conduct of the work under this contract. Ifthe Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Designer in writing. Ifthe Contractor performs any work it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice knowing to the Owner, he shall bcar all cost arising from non-compliance with requirements. b) All work under this contract shall conform to the current North Carolina Building Code and other state and national codes as arc applicable. 7 Carteret County Government Board of Elections Renovation SAFETY REQUIREMENTS a) The Contractor shall be solely responsible for the entire site and the provide all the necessary protections as required by laws or construction of the same and and as required by the Owner or Designer. He shall be ordinances govering such conditions property or that ofothers on thej job, by himself, his responsible for any damage to the Owner's good such damages. He shall be responsible for and personnel or his subcontractors, and shall make from such damages. pay for any claims against the Owner arising b) The Contractor shall adhere to the rules, regulations and Department of Labor relating to Occupational Safety and Health interpretations of the North Carolina Industry (Title 29, Code of Federal Regulations, Part 1926 Standards for the Construction Part 11, June 24, 1974 Federal Register), and revisions published in Volume 39, Number 122, North Carolina 95-126 through 155. thereto as adopted by General Statutes of C) The Contractor shall provide all necessary safety measures for the of work, including the requirements of the AGC Accident Prevention protection Manual all persons on the amended, and shall fully comply with all state laws or regulations and North in Construction as Code requirements to prevent accident or injury to persons on or about the Carolina Building He shall clearly mark or post signs warning of hazards existing, and shall location of the work. and similar hazards. He shall protect against damage or from barricade excavations he shall maintain all protective devices and signs injury the resulting falling materials and throughout progress of the work. TAXES a) Carteret County is not exempt firom North Carolina State Sales and Use Taxes on and equipment to be incorporated in the Work. Said taxes shall be included in invoices labor, material by Contractor. Contractor in submitting his invoices shall break out all sales taxes as submitted item and County where purchase was made. a separate EQUAL OPPORTUNITY a) The non-discrimination clause contained in Section 202 (Federal) Executive Order as amended by Executive Order 11375, relative to Equal Employment Opportunity 11246, for all persons without regard to race, color, religion, sex or national origin, and the rules and regulations prescribed by the Secretary of Labor, are herein. implementing b) The Contractors agree not to discriminate against any employees incorporated or applicant for employment because of physical or mental handicap about any position for which the employees or applicant is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices. INSURANCE (a) To the fullest extent permitted by laws and regulations, Contractor shall hold harmless the County and its officials, agents, and employees from and against indemnify all claims, and losses, and expenses, direct, indirect, or consequential (including but not limited to damages, fccs and charges of engincers or architects, attorneys, and other professionals and costs action or arbitration) arising out of or resulting from Contractor's ofthis related to court the actions ofthe Contractor orits officials, employees, or contractors performance under this Contract or contracts entered into by the Contractor in connection with this Contract. This Contract or under shall survive the termination of this Contract. indemnification Carteret County Government Board of Elections Renovation 8 (b) In addition, Contractor shall comply with the North Carolina Workers' Compensation Act and shall provide for the payment ofworkers' compensation to its employecs in the manner and to the extent required by such Act. Additionally, Contractor shall maintain, at its expense, the following minimum insuranice coverage: $1,000,000 per occurrence /$2,000,000 aggregate-Bodily Injury Liability, and $100,000 - Property Damage Liability or 1,000,000 per occurrence /$2,000,000 aggregate- Combined Single Limit Bodily Injury and Property Damage. (c) The Contractor upon execution oft this Contract shall furnish to the County a Certificate of Insurance reflecting the minimum limits stated above. The Certificate shall provide for thirty- (30) days advance written notice in the event of a decrease, termination or cancellation of coverage. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. All such insurance shall meet all laws of the State ofNorth Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Contract. The limits of coverage under each insurance policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. INVOICE FOR PAYMENT a) Payment will be made in one lump sum within thirty (30) consecutive days after acceptance of the work and the submission both ofnotarized contractor's affidavit and four copies ofinvoices, which are to include the contract, account and job order numbers. b) Each invoice shall note the amount of Sales Tax paid by the Contractor, contain release of lien from subcontractors and vendors for prior invoices paid, and contain a notarized contractor's affidavit. C The Contractor's affidavit shall state, "This is to certify that all costs of materials, equipment, labor, and all else entering into the accomplishment of this contract, including payrolls, have been paid in full." Executed contract documents, insurance certifications and, upon completion and acceptance ofthe work, invoices and other information requested are to be sent to: Mr. Ray Farnum Project Coordinator 5231 Business Drive, Newport, NC 28570 Email: FPNSNS Telephone: 252-241-6913 e) Iti is imperative that contract documents, invoices, etc., be sent only to the above address in order to assure proper and timely delivery and handling. 9 Carteret County Government Board of Elections Renovation CLEANING UP a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do sO County. Before final inspection and acceptance ofthe project, the Contractor shall by Carteret the sites, and completely prepare the project and site for use by Carteret County. thoroughly clean GUARANTEE a) The Contractor shall unconditionally guarantee materials and workmanship patent defects arising from faulty materials, faulty workmanship or negligence for a period of against twelve (12) months following the final acceptance of the work and shall replace such defective materials workmanship without cost to the owner. or b) Where items ofequipment or material carry a manufacturer's warranty for period in excess twelve (12) months, then the manufacturer's warranty shall apply for that any particular piece of of equipment or material. The Contractor shall replace such defective or cost to the owner, within the manufacturer's warranty period. equipment materials, without Additionally, the owner may bring an action for latent defects caused by the negligençe of the contractor, which is hidden or not readily apparent to the owner at the time of fbeneficial or final acceptance, whichever occurred first, in accordance with applicable law. occupancy COMTRACTORAUKCOMTRACTON RELATIONSHIPS The Contractor agrees that the terms of these contract documents shall apply to a as subcontractor to the Contractor, and that the subcontractor is bound by those equally terms as an employee of the Contractor. 10 Carteret County Government Board of Elections Renovation SUPPLEMENTARY GENERAL CONDITIONS TIME OF COMPLETION The Contractor shall commence work to be under this Contract on an agreed schedule between the County and Contractor, to be specified in written order from the County upon project and or shall complete all work hereunder within (90) consecutive calendar days from the Notice to Proceed for fully base bid contract. For each day in excess ofthe above number of days, the Contractor shall the Owner the the amount of One Hundred Dollars ($100) as liquidated damages reasonably estimated in pay advance to cover the losses to be incurred by the Owner should the Contractor fail to complete the Work within the time specified. If the Contractor is delayed at any time in the progress of his work by any act or of the Owner, his employees or his separate contractor, by changes ordered in the work; by abnormal negligence weather conditions; by any causes beyond the Contractor's control or by other causes deemed justifiable by Owner, then the contract time may be reasonably extended in a written order from the Owner upon written request from the contractor within ten days following the cause for delay. UTILITIES Temporary utilities services are furished at contractor's expense unless otherwise noted. (i.e.; power, water, sewer, steam, telephones, portable toilets, trash containers, etc.) INSTRUCTIONS FOR WORKING ON COUNTY PROPERTY a) Parking & Traffic Construction that will block facility traffic flow/close street requires one- week written notice to the Public Building Manager. b) Decorum It is illegal for any person to have firearms, alcoholic beverages, drugs (except those prescribed by a physician) on County property. Violators will be reported to local law enforcement. C) Behavior Indecent language, harassing "cat" calls or whistles, etc., will not be tolerated. Violators will be removed from county property immediately; questions will be asked later. Proper dress is required, long pants and shirts will be wom at all times. Loud music is not permitted. a Use of Building Contractor personnel are not permitted to use Buildings/Facilities for restrooms, eating, or leisure activity. Unless prior approval is granted by County Representative. e) Locate for Utilities When digging or trenching on or adjacent to County property, a 48-hour notice is required to locate existing underground utilities. Contractor must contact the Public Works Department (252-648-7878) as well as the NC One Call Center (1-800-632-4949) for public utilitics. Disruption ofUtilities - When any underground utilities or unusual conditions are damaged or encountered, contact the Publiç Works Department (252-648-7878) immediately. The Public Works Department will investigate and advise as needed. Contractor must have personnel available to effect immediate repair. Ifdamage occurred duc to failure ofthe County to properly locate utilities, the contractor will be reimbursed. Planned Outages Outages needed to allow contractor to complete or perform work, must be scheduled with the Public Buildings Department (252-648-7877). One-week written notice is required for all outages. h) Access to Buildings - Access to perform work in a building after normal working hours (8:00 a.m. to 5:00 p.m. Monday Friday) must bc coordinated through the Public Buildings Department with 24 hours in advance. Exterior work performed after normal working hours should also be reported to the Public Works Department 24 hours in advance. 11 Carteret County Government Board of Elections Renovation ALTERNATE BIDS (ADD OR DEDUCT) Alternate Bid No.1 - Aca #4250 MINORITY BUSINESS PARTICIPATION a) It is the intent of the County to encourage Contractors in making every effort to utilize Business Enterprises for subcontracted work. The County has established efforts to record Minority participation ofs such Enterprises by the attached "Appendix E - MBE DOCUMENTATION FOR CONTRACT PAYMENTS". The Contractor shall include the attached Appendix E with each pay application. b) Bidders can use the Office for Historically Underutilized Business website phwdsmelanw to locate HUB contractors. c) Nothing in these guidelines shall be construed to require contractors or awarding authorities to award contracts or subcontracts to or to make purchases of materials or equipment from minority- business contractors or minority-business subcontractors who do not submit the lowest responsible, responsive bid or bids. E-VERIFY EMPLOYER COMPLIANCE The contractor represents and covenants that the contractor and its subcontractors comply with the requirement of Article 2 ofChapter 64 of the North Carolina General Statutes (NCGS). In this E-Verify Compliance section, "contractor" "its subcontractors" and "comply" shall have the meanings intended NCGS 153A-499 (b). The County is relying on this section in entering into this contract. The by agree to this section only to the extent authorized by law. Ifthis section is held to be unenforceable parties or invalid in whole or in part, it shall be deemed amended to the extent necessary to make this contract comply with NCGS 153A-499 (b). SUPERINTENDENT The Contractor shall employ a competent superintendent who shall represent the Contractor and have the authority to make field decisions necessary for performing the work. Competency must be demonstrated by performing high quality construction work on time according to Contractor's approved schedule. County reserves the right to require replacement ofthe superintendent by Contractor without from the County. explanation INDEMNIFICATION The Contractor will indemnify and hold the County harmless from any and all liability, or expense,judgment, suit, cause of action for personal injury, death, or direct damage to tangible property which may accrue against the County to thc extent it is caused by the negligence of fContractor, or its Sub-Contractors, or their employees or agents, while performing duties under this Agreement, provided that the County gives the Contractor prompt, written notice of any such claim or suit. TERMINATION Carteret County Government shall have the right to terminate this contract immediately by written notice to the Contractor if the Contractor fails to execute the services promptly and to Carteret County Governments satisfaction, or fails to perform any obligation imposed by any provisions of this Contract. In the event of termination for default, Carteret County Government has against the Contractor all remedies provided by law and equity. 12 Carteret County Government Board of Elections Renovation PERFORMANCE AND PAYMENT BONDS Al Performance Bond is not required. A Payment Bond is not required. PRE-CONSTRUCTION CONFERENCE The owner may require a pre-construction conference to review project with contractor. Date will be set after award of contract. PROJECT SCHEDULE The owner may require a project schedule to show dates for planned work phases and date. completion SUMMARY OF PAPERWORK Prior to Award 1 - Submit Certificate of Insurance for liability and Worker's Compensation. 2. - Submit Iran Divestment Act Certification. 3- Submit breakdown of materials, labor and tax on a company letterhead. 4. - Submit Service Agreement. After Award 1- Submit Project Schedule 2- - Submit completed Sales Tax Summary and Detail forms, state "None" if applicable. Final Payment 1- Submit invoice only after work is complete. 2- - Submit completed Sales Tax Summary and Detail forms, state "None" if applicable. 3 - Submit Contractor's Warranty Letter, state date of acceptance agreed with owner. 3 - Submit Contractor's Affidavit Letter. 13 Carteret County Government Board of Elections Renovation IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY N.C.G.S. 147-86.59 As of the date listed below, the vendor or bidder listed above is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 147-86.58. The undersigned hereby certifies that he or she is authorized by the vendor or bidder listed above to make the foregoing statement. Mip ) Slzz/es Signature Date Mek Tima Pejur Mecaye Printed Name Title Notes to persons signing this form: N.C.G.S. 147-86.59(a) requires this certifiçation for bids or contracts with the State of North Carolina, a North Carolina local government, or any other political subdivision of the State ofNorth Carolina. The certification is required at the following times: When a bid is submitted When a contract is entered into (ifthe certification was not already made when the vendor made its bid) When a contract is renewed or assigned N.C.G.S. 147-86.59(b) requires that contractors with the State, a North Carolina local govemment, or any other political subdivision ofthe State ofNorth Carolina must not utilize any subcontractor found on the State Treasurer's Final Divestment List. The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the address NKASEISAsHTESoN.nN and will be updated every 180 days. 14 Carteret County Government Board of Elections Renovation PROJECT TITLE: Month/Date/Year SUBCONTRACTOR: DESCRIPTION OF WORK: FEDERAL ID #: NC CONTRACTOR LISCENSE #: STREET ADDRESS: CITY, STATE, ZIP: EMAIL ADDRESS: FIELD CONTACT AND CELL #: SUBCONTRACTOR: DESCRIPTION OF WORK: FEDERAL ID #: NC CONTRACTOR LISCENSE #: STREET ADDRESS: CITY, STATE, ZIP: EMAIL ADDRESS: FIELD CONTACT AND CELL #: 15 Carteret County Government Board of Elections Renovation AGREEMENT FOR SERVICES Board of Elections Renovations A. This Amendment shalll be considered part of the bid document 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. It will be construed that each bidder's proposal is submitted with full knowledge of all modifications and supplemental data specified herein. Service Agreement (listed below) Exceptions to the Sample Service Agreement. Attached is a sample Service Agreement that describes the County's terms and conditions. The successful firm will be required to enteri into a Service Agreement. Any exceptions to the terms and conditions of the Agreement must be documented and submitted in this Section. In addition, any additional language, terms or conditions must be submitted in this section. BIDDER MUST ACKNOWLEDGE THIS AMENDMENTBY SIGNING BELOW AND ATTACHING THE SIGNED AMENDMENT TO THE BID FORM: Company Name Dases Goninehny Contact Person Mwk Timrse Signature Ru Date Shz/25 16 Carteret County Government Board of Elections Renovation SAMPLE ONLY - do not fill in AGREEMENT FOR SERVICES CARO THIS AGREEMENT FOR SERVICES ("Agreement')i is made this] JofL ], 2025 (the "Effective Date"), by and between the County of Carteret, a North Carolina municipal corporation (the "County"), and [SERVICE PROVIDERJ1, a(n) [STATE OF [INCI2 ("Service Provider). The County and Service Provider are at times collectively referred to hereinafter as the "Parties" ori 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 reasonablyi implied andi inferred therefrom or customarily provide in the performance of services of the nature to be provided by Service Provider pursuant hereto (he "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 Counly 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: SECTIONI. 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 relationshipl 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, subcontraclors, 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 II. PROVISION OF THE SERVICES 1Eg. "Acme Consulling, 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 ofe entity if Service Provider is an entily (eg. "Acme Consuling, Inc." rather than "Acme Consuling). limited 2E.g. corporation, professional corporation, limitedi liability company, professional limited liability company, liability partnership, etc. Note that the legal name should give some indication regarding the type of fentily-ie., "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 thet following: "individual resident of the State of! [SERVICE PROVIDER'S STATE OF RESIDENCEY. A. Provision of the Services- Service Provider will provide the Services in accordance with the terms and conditions of this Agreement. 17 Carteret County Government Board of Elections Renovation B. Fees- The County will pay Service Provider for provisions of the Services consistent with the hourly rates andlor fixed amounts set forth on Exhibit A, with the total payment to Services Providers under this Agreement not to exceed I L $36,104.43 1. C. Additional Services- Any work required by the County but which goes beyond the scope of the services will be classified as "Additional Services."A 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 III. RESPONSIBILITIES OF SERVICE PROVIDER AND COUNTY A. Service Provider's Responsibillties 1. Service Provider shall be responsible for the quality, technical accuracy, and the coordination of all Services (including all related deliverables (the "Deliverables") fumished by Service Provider under this Agreement. 2. The Services shall be performed consistent with the schedule, if any, set forth on Exhibit A. Ifr no such schedule is set forth on Exhibit A, the Services shall be provided within a reasonable time established by the Counly. Service Provider agrees to provide progress reports regarding its performance of the Services in a format acceplable tot 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 wrilting, 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, ori 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. Itshall 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 Counly 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, andlor 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 18 Carteret County Government Board of Elections Renovation 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, tite, 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 moralv 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 forthi 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, ifa 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 toi it 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 a representative to act on behalf of Service Provider with respect to the Services to be performed hereunder (the "Designated Representativel). The Designated Representative's decisions, agreements, and actions relating to the Services to be provided hereunder shall be binding upon Service Provider. Ifthe Counly 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 ofi 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 tot this Agreement. The representative's instructions, requests, and decisions on behalf of the County will be binding to all matters pertaining to this Agreement. 19 Carteret County Government Board of Elections Renovation 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 providei 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 andi 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 Counly, and Service Provider shall submit a revised invoice afler the County's concers 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 byt the County for any reason, including the lock of supporting documentation, the County shall promptly notify Service Provider of the dispute and required clarification andlor remedial action. After any dispute has been selttled, Service Provider shall include the disputed items on a subsequent regularly scheduledi 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 ori inspection at the County office during the Term and for five (5) years from the date oft final payment. 20 Carteret County Government Board of Elections Renovation 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 andi 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 ofi insurance and renewals thereof in a form(s) acceptable to the Counly. Said Commercial General Liability policy shall provide that the County be an additional named insured. The County shall be notified in witing of any reduction, cancellation or substanlial 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 hold 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, penallies, fines, costs, or expenses of whatever kind, including reasonable attoreys' 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 willul, 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 forthi in this Agreement. 2. Intellectual Property Indemnification- Service Provider shall defend, indemnify, and hold harmless the Counly andi its officers, directors, employees, agents, successors, and permitted assigns from and against all Losses based on a claim thal any of the Services (or related Deliverables) or the County's receipt or use thereof infringes any intellectual property right ofa 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 Countyi in writing to Service Provider; (b) use of any Deliverables in combination with any materials or equipment not supplied to the County or specified by Service Provider in writing, ifthei infringement 21 Carteret County Government Board of Elections Renovation 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 VIL.B, Service Provider shall be paid for the portion of Services satisfactorily performed through the effective time of such termination. C. Post-Termination Obligations. Upon any termination effected pursuant to this Section VII, Service Provider shall (1) promplly 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 ori 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 VILE and Section I.B, Section ILA.8, Section V, Section VI, Section VIL.C, Section VIL.D, Section VII, and Section X, and any right or obligation of the Parties in this Agreement which, byi its nature, should survive termination or expiration of this Agreement, will survive any such termination or expiration of this Agreement. SECTION VII. SERVICE PROVIDER'S REPRESENTATIONS, WARRANTIES, AND COVENANTS A. A. E-Verify. Service Provider represents, warrants, and certifies to the County thati 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, itwill continue to comply with these requirements. Service Provider also covenants that ity will require that all ofi its subcontractors that provide any of the Services to comply with the requirements of Artice 2 of Chapter 64 of the North Carolina General Statutes. Service Provider's breach ofi its representations, warranties, andlor 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 the 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: 22 Carteret County Government Board of Elections Renovation 1. itshall perform the Services using personnel of required skill, experience, and qualfications andi 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 dlear 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 Information to any third party without the prior written consent of the County; provided, however, that Service Provider may disclose the Confidential Information to its Personnel and legal advisors whol 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) toi 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 disclosure or seeking a protective order or other limitations on disclosure. If, afler 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 Serviçe Provider's legal counsel, Service Provider is legally required to disclose. As used herein, "Confidential Information" means anyi 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 whoi is not under any obligation to the Counly to maintain the confidentiality of suchi 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 criminal by a federal or state enforcement, regulatory, administrative, or licensing agency) or otherwise ineligible for federal or state program participation, or (p) listed on North Carolina or any other state or federal debarment databases (e.g.. Office of Inspector General and System for Award Management). 23 Carteret County Government Board of Elections Renovation SECTION IX. MEETINGS A. General. Subject to any more specific provisions set forth on Exhibit 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 (he "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 oft the Services andlor the Project. These meetings will not be required unless problems arise that cannot be resolved during the Parties' regular meetings. Such additional meetings, ifn 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 specificaly contemplates to be addressed on Exhibit A (ie., a description of Services, the compensalion 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 ori intent of any provision contained herein. C. Severability. Thei 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 shalli 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 oft 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. 24 Carteret County Government Board of Elections Renovation F. Governing Law; Jurisdiction. This Agreement and performance thereof shall be governed, interpreted, construed, andi regulated by the laws of the State of North Carolina without giving effect toi its regarding conflicts oflaws. Any legal suit, action, or proceeding arising out of or related to this principles 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 of such courts in any such suit, action, or proceeding. Service of process, summons, noltice, jurisdiction 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, if any action, suit, or otherl 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 shall be entitled to recover its reasonable attomeys' fees and court costs from the non-prevailing Party in addition to any damages and costs otherwise awarded to the prevailing Party. Party, G. Equitable Relief. Each Party acknowledges that a breach by a Party of Section IL.A.8 or Section VIII.D may cause the non-breaching Party irreparable harm, for which an award of damages would not be adequate compensation and lagrees that, in the event of such breach or threatened breach, the non- breaching Party will be entitled 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 shalll be in addition to all other remedies available at law ori in equily, 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 permited 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. 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 wriling 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): Ifto 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.) 25 Carteret County Government Board of Elections Renovation 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 oft the data or other information obtained or furnished in compliance with this Agreement, or any particulars, thereof, without first noltifying the Counly 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 oft this Agreement, (a) the words "include," "includes, and shall be deemed to be followed by the words "without limitation"; (b) the word "or is not exclusive; "including" and the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to this Agreement as a whole. Unless (c) 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 andi 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 tot 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. SIGNATURES BEGIN ON THE NEXT PAGEI 26 Carteret County Government Board of Elections Renovation INI WITNESS WHEREOF, this Agreement is entered into by the Parties as of the Effective Date. The County of Carteret By: Name: Title: Preaudit Certificate This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Act. Control Dee Meshaw, Deputy County Manager Service Provider: IfService Provider is an entily: IfService Provider is an individual: LEGAL NAME OF SERVICE PROVIDER] By: Signature Name: Print name: [LEGAL NAME OF SERVICE PROVIDER] Title: Service Provider's address for notices: Attn.: 27 Carteret County Government Board of Elections Renovation PROPOSAL AND CONTRACT Carteret County Government Board of Elections Renovation The undersigned, as bidder, proposes and agrees ift this proposal is accepted to contract with Carteret County for the fumishing of all materials, equipment, labor and tax necessary to complete the Carteret County Board of Elections Renovation described in these documents in full and accordance with requirements, specifications, and contract documents, and to the full and entire complete satisfaction of Carteret County for the sum of: $36104.43 Contractor: Cuhis (oniraking Federal ID#: 89-2781391 By; ? Dories Witness: Muk Time Titles_ Dan (Ovner, partner; corp. Pres. or Vice President) Address:454 MC-24,Mokeul Ghy N 29557 Attest: (corporation) Email Address: inbplassinaiyue Cors (Corporate Sea!) By: License #. 86987 Title_ Resideat/ Ownel CopontionseemyAE Secretary.) 28 Carteret County Government Board of Elections Renovation IN TESTIMONY WHEREOF, the parties have expressed their agreement to thesc Contract to be executed by their duly authorized office or agent. terms by causing this COUNTY OF CARTERET (Seal) Dsi Conhrhy Contractor Mec 2 Authorized Representative (Seal) Mark Timre Printed Name Title Poyka Mansyse 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 Sharon Griffin County Manager/County Attorney NORTH CAROLINA COUNTY OF CARTERET GOVERNMENT I, al Notary Public of the State and County aforesaid Sharon Griffin acknowledged that she is the Interim County Manager of County of Carteret, certify and that that authority duly given as the act ofthe Board signed the foregoing instrument signed in its name Interim County Manager, sealed with its corporate seal. by the WITNESS my hand and official scal, this day of 2025 Notary Public My Commission expires: Carteret County Government Board of Elections Renovation 29 5/27/25, 10:47 AM Proposal Print Davies Contracting Davies Contracting & Insp PO Box 868 Morehead City, NC 28557 Phone: 252-474-2123 Fax: 252-622-4753 Mr. Ray Farnum Project Coordinator Phone: 252-241-6913 5231 Business Drive Newport, NC 28570 Job Address: 1702 Live Oak St. Suite 200 Beaufort, NC 28516 Proposal for Board Of Elections Print Date: 5-27-2025 Reception Desk Items Description Store Front -Contractor shall remove the existing double doors and framing and install an ADA counter integrated with a new storefront system. All sheetrock work, compliant and necessary modifications shall be included. framing, painting, trim, -The storefront system shall include two service areas, each with aluminum, non-ballistic speak-throughs. All glass shall featuring be 1/4" tempered pass-through windows Framing shall be aluminum storefront material. storefront glass. Countertop -The top of the countertop shall be approximately thirty-five-inches (35") from the finished floor. -It shall extend two-feet (2) into the hallway area and one-foot (1) into the office -All countertop edges shall be bullnosed, except the end that will tie into the wall. area. -Wooden countertop brackets shall be securely fastened into the countertop and wall to support the countertop. New Door -Remove the existing right- -side window and install a thirty-six-inch by (36'x82"fat faced metal exit only door and frame equipped with a crash eighty-two-inch bar, inside the office. located -The new door and frame shall be painted to match existing beige color. Office Area -Install New 8-inch (8") black vinyl cove base shall be added where missing the storefront following installation. -The motion sensor located above the existing double doors shall be removed and given the County POC. to -The existing emergency exit sign with integrated emergency lights shall be removed and disposed. -Relocate the existing emergency exit wiring above the new door to install a new exit sign with lights. emergency Hallway Area -New one-inch by 8-inch (1'x8") wooden trim with shoe molding shall be added where missing after the storefront installation. -All new wood trim shall be painted to match the existing beige color. Countertop UpGrade -Upgrade of countertop to granite. *Additional Cost of $1250 *Included in total cost ------- 1/2 5/27/25, 10:47 AM Proposal Print Items Description Materials Materials $9262.43 Labor $22806 Total Price: $36,104.43 Note: The above estimate is based solely upon the project description and initial inspection of the work the need for additional work and or materials once the project has started. project site. Estimates could change upon discovery of be executed written Any alterations or deviation from the above specifications extra cost only upon or verbal consent by customer and will become an extra charge over and above the estimate. All involving will weather, accidents, or delays are beyond our control. Any required engineering or surveying will be additional agreements, contingent upon Owner ani invoice every thirty days. Owner shall pay the entire amount of each invoice submitted cost to home owner. Contractor shall deliver to IfContractor does not receive of by Contractor within five days of the delivery of the entire payment the amount of thei invoice within (5) business days, Contractor shall have the cease invoice. activity on the Project, without recourse by Owner, until such time as all of the right to ally work and outstanding invoices have been paid in full by the Owner. NC General Contractor #86987 Sales tax may apply to labor and materials on job based on scope of work, this will be added on invoice upon completion. Iconfirm that my action here represents my electronic signature and is binding. Signature: Date: Print Name: MPRMAKAMAMMpPALANSPOpOMPPePTISONRe 2/2 IV. Consent Agenda 6. Approval of the Pinam Construction Bid to Renovate the Ft. Benjamin Dugout, $66,404 Carteret County Public Buildings Aaron Elms 5231 Business Drive Public Buildings Manager Newport, NC 28570 AmadimdamspeRw CARO - Bus :252-646-7878 Aaron Elms 5231 Business Dr. Public Buildings Director Newport, NC 28570 Phone (252) 648-7877 MEMORANDUM DATE: 5/29/25 TO: Board of Commissioners CC: Sharon D. Griffin, County Attorey/ County Manager FROM: RE: Award of Ft Benjamin Dugout Renovation Carteret County Public Building has recently requested bids for renovation ofthe Ft. Benjamin Dugout Renovation. The low bid was received for this project was from Pinam Construction at $66,404. Public Buildings would like to recommend approval of this bid. Carteret County Courthouse .302 Courthouse Square e Beaufort, North Carolina 28516 CARTERET COUNTY GOVERNMENT Phone: 252-648-7877 Fort Benjamin Dugout Renovations Bid Tab Bid closing date: May 21, 2025 @ 9:00 AM EST. Company Base Bid Davies Contracting $73,018.29 Pinam Construction $66,404.00 Mailing: 5231 Business Drive Newport, NC 28570 Location: 5231 Business Drive Newport, NC 28570 I - & - 2 B CARO Request for Proposals Carteret County Government Fort Benjamin Dugout Renovations y Carteret County, North Carolina Issued: May 9, 2025 Submission Deadline: May 21, 2025 by 9:00 AM, EST. Carteret County Government Fort Benjamin Dugout Renovations RFP CARTERET COUNTY PUBLIC BUILDINGS Phone: 252-648-7877 CARO REQUEST FOR PROPOSAL Date: 05/09/2025 To: Interested Contractors Project Name: Fort Benjamin Dugout Renovations Scope of Work: Carteret County Government is seeking competitive proposals to install replace all the framing and roofs for four (4) dugouts at Fort Benjamin Park located at 100 McQueen Ave, Newport, NC 28570. The Contractor shall abide by the details and shall refer to the diagrams and associated pictures in addition to the scope of work specified within the documents provided below. Demolition and Structural Work Remove all existing framing and wooden supports from all four (4) dugouts. Each dugout is enclosed by a block structure on three sides measuring approximately nine-feet by eighteen-feet six-inches (9' x 18' 6). The existing dugouts have two different construction methods. One set has post set in concrete, while the other is mounted with brackets. If necessary, the Contractor shall cut and remove post from the concrete to allow for installation of new concrete footings. Remove damaged plastic grates from one set of dugouts. These opening shall be filled with new block to match the other set. Other options are welcomed. Photo reference below. Tuck-point and loose or voided mortar joints in the existing block walls. Should any of the blocks be or become damaged during demolition, they shall be replaced with block matching the original size. Framing and Roofing Reconstruct framing and supports to be securely anchors into either the existing block or concrete. All new lumber shall be pressure-treated. All new vertical support post shall be six by six (6'x6") pressure-treated. A minimum of three (3) post shall be installed snug against the existing front chain link fence of each dugout. Hurricane ties shall be used where allowed. Install new standing seam .032 aluminum roofing system with a Kynar 500 paint finish (or equivalent) to match the pitch as existing. Necessary edge metal shall be installed to match. Carteret County Government Fort Benjamin Dugout Renovations RFP 2 New roofing color is preferred to be light blue. Contractors shall submit available color options with their proposal. The new framing and roofing shall match the length and height of the existing front chain link fence but shall extend sixteen-inches (16) beyond the block structure at the sides and rear. All new fasteners and exposed hardware shall be stainless steel. Painting Remove any existing signage to prepare for painting. This signage shall be given to the County POC. Paint all four (4) dugouts to match the existing blue color using appropriate exterior-grade paint. The Contractor shall ensure the protection of all surfaces not being painted. Schedule Work shall be scheduled in coordination with the County POC. Interested Contractors shall contact the County POC below to schedule a site visit. Cleaning and Miscellaneous The Contractor shall provide all necessary labor, materials, Safety Data Sheets (SDS), equipment, and a competent supervisor to oversee and direct work as outlined in these documents. The Contractor shall protect all surrounding property, including fields, grass, fencing, and other amenities. All associated debris shall be cleaned and hauled off at the end of each working day. All cleaning equipment shall be provided by the Contractor. All new materials listed shall be furnished and installed by the Contractor. All new material shall be installed per the manufacture's recommendations and instructions. Any and all measurements and material quantities shall be verified by the Contractor. The Contractor shall submit any and all warranty documentation on behalf of the County. Any damages caused by the Contractor shall be the Contractor's responsibility to fix or replace at the County's discretion. The Contractor shall obtain the required permits, if required, give all notices to the County POC (including a copy of any permits), and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work. Permits shall be posted onsite at the project location. No time extensions shall be granted or financial consideration given to the Contractor for time or monies lost due to violations of any such ordinance, code, law or regulations that may occur. Carteret County Government Fort Benjamin Dugout Renovations RFP 3 Dugout LocationsT Front View Carteret County Government Fort Benjamin Dugout Renovations RFP mple Contractors shall provide their W-9 as well as current Certificates ofl Insurance forp publicl liability, property damage, and Workers' Compensation. Certificates of Insurance shall have' "Carteret County Govemment, 302 Courthouse Square, Beaufort, NC: 28516" listed as additionally insured, with proposal submission. The Contractor shall unconditionally guarantee materials andv workmanship against patent defects arising from faully materials, faulty workmanship or negligence for a period oftwelve (12) months foliowing thei final acceptance oft the work ands shall replace such defective materials or workmanship without cost tot the owner. Payment will ber made in one lump sum within thirty (30) consecutive days after acceptance oft the work and the submission both ofnotarized contractor's affidavit and four copies ofi invoices, which are to includet the contract, account and job order numbers, ifapplicable. Please providey your proposal with break outs for labor, materials and tax, If applicable. Failure to abide by the conditions within may result as an incomplete proposal. - - - 3072243 B CAR Carteret County Government Fort Benjamin Dugout Renovations RFP 5 Award of Contract Carteret County Government reserves the right to award to multiple contractors deemed to be fully qualified and best suited among others submiting proposals on the basis of the evaluation factors included within this RFP. Once the proposals are ranked by Carteret County Governments Committee and the qualified contractor is determined, Carteret County Govemment may conduct further negotiations, andlor request presentations to any or all contractors. Carteret County Government reserves the right to accept or reject, in whole or in part, proposals directed to the best interest of the County. Each contractor shall fill out the required information within this RFP, submit Certificate of Insurance for liability and Worker's Compensation in order for the proposal to be qualified. Carteret County Govemment reserves the right to reject any or all proposals for any reason. Carteret County POC Alli inquiries concerning the Scope of Services, Proposal Submission Requirements or Site Visits should be directed to: Mr. Ray Farnum Project Coordinator 5231 Business Drive, Newport, NC 28570 Email: RahmnesTEaRER Telephone: 252-241-6913 Proposals shall be emailed, mailed, andlor hand delivered to the address of the POC shown above, and the sealed envelope shall clearly state the name of this RFP. It is the sole responsibility of the Contractor to ensure that their proposal arrives by the designated submission date assigned. Interested Contractors shall provide a breakdown of their proposal on their company letterhead attached to this RFP. Issued Date: May 9, 2025 Due Date - Proposals to the attention of Mr. Ray Farnum are due no later than May 21, 2025 by 9:00 AM, EST. Carteret County Government Fort Benjamin Dugout Renovations RFP 6 GENERAL CONDITIONS GENERAL a) It is understood and agreed that by submitting a bid that the Contractor has examined these contract documents, drawings and specifications and has visited the site of the Work, and has satisfied himselfi rela- tive to the Work to be performed. MATERIALS, EQUIPMENT AND EMPLOYEES a) The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, fuel, sanitary facilities and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied there from, all in accordance with the contract documents. b) All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications. C) No changes shall be made in the Work except upon written approval and change order by Director, Carteret County General Services. d) Products are generally specified by ASTM or other reference standard and/or by manufacturer's name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed. e) However, the contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired; and that equivalent products will be acceptable. Substitution of materials, items or equipment of equal or equivalent design shall be submitted to the architect or engineer for approval or disapproval; such approval or disapproval shall be made by the architect or engineer prior to the opening of bids. f) Ifat any time during the construction and completion of the work covered by these contract documents, the conduct of any worker of the various crafts be adjudged a nuisance to the Owner or if any worker be considered detrimental to the work, the Contractor shall order such parties removed immediately from the site. The contractor shall designate a foremansuperintendent who shall direct the work. CODES, PERMITS AND INSPECTIONS a) The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Designer in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the Owner, he shall bear all cost arising from non-compliance with requirements. Carteret County Government Fort Benjamin Dugout Renovations RFP 7 b) All work under this contract shall conform to the current North Carolina Building Code and other state and national codes as are applicable. SAFETY REQUIREMENTS a) The Contractor shall be solely responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He shall be responsible for any damage to the Owner's property or that of others on the job, by himself, his personnel or his subcontractors, and shall make good such damages. He shall be responsible for and pay for any claims against the Owner arising from such damages. b) The Contractor shall adhere to the rules, regulations and interpretations of the North Carolina Department of Labor relating to Occupational Safety and Health Standards for the Construction Industry (Title 29, Code of Federal Regulations, Part 1926 published in Volume 39, Number 122, Part 11, June 24, 1974 Federal Register), and revisions thereto as adopted by General Statutes of North Carolina 95-126 through 155. c) The Contractor shall provide all necessary safety measures for the protection of all persons on the work, including the requirements ofthe AGC Accident Prevention Manual in Construction as amended, and shall fully comply with all state laws or regulations and North Carolina Building Code requirements to prevent accident or injury to persons on or about the location of the work. He shall clearly mark or post signs warning of! hazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. TAXES a) Carteret County is not exempt from North Carolina State Sales and Use Taxes on labor, material and equipment to be incorporated in the Work. Said taxes shall be included in invoices submitted by Contractor. Contractor in submitting his invoices shall break out all sales taxes as a separate item and County where purchase was made. EQUAL OPPORTUNITY a) The non-discrimination clause contained in Section 202 (Federal) Executive Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations prescribed by the Secretary ofLabor, are incorporated herein. b) The Contractors agree not to discriminate against any employees or applicant for employment because of physical or mental handicap about any position for which the employees or applicant is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices. INSURANCE (a) To the fullest extent permitted by laws and regulations, Contractor shall indemnify and hold harmless the County and its officials, agents, and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including but not limited to fees and charges of engineers or architects, attomeys, and other professionals and costs related to court action or arbitration) arising out of or resulting from Contractor's performance ofthis Contract or the actions of the Contractor or its officials, employees, or contractors under this Contract or under contracts entered into by the Contractor in connection with this Contract. This indemnification shall survive the termination ofthis Contract. Carteret County Government Fort Benjamin Dugout Renovations RFP d% (b) In addition, Contractor shall comply with the North Carolina Workers' Compensation Act and shall provide for the payment of workers' compensation to its employees in the manner and to the extent required by such Act. Additionally, Contractor shall maintain, at its expense, the following minimum insurance coverage: $1,000,000 per occurrence /$2,000,000 aggregate-Bodily Injury Liability, and $100,000 - Property Damage Liability or 1,000,000 per occurrence /$2,000,000 aggregate-Combined Single Limit Bodily Injury and Property Damage. (c) The Contractor upon execution of this Contract shall furish to the County a Certificate of Insurance reflecting the minimum limits stated above. The Certificate shall provide for thirty-(30) days advance written notice in the event of a decrease, termination or cancellation of coverage. Providing and maintaining adequate insurance coverage is a material obligation ofthe Contractor. All such insurance shall meet all laws of the State ofNorth Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Contract. The limits of coverage under each insurance policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. INVOICE FOR PAYMENT a) Payment will be made in one lump sum within thirty (30) consecutive days after acceptance of the work and the submission both of notarized contractor's affidavit and four copies of invoices, which are to include the contract, account andj job order numbers. b) Each invoice shall note the amount of Sales Tax paid by the Contractor, contain release of lien from subcontractors and vendors for prior invoices paid, and contain a notarized contractor's affidavit. c) The Contractor's affidavit shall state, "This is to certify that all costs of materials, equipment, labor, and all else entering into the accomplishment ofthis contract, including payrolls, have been paid in full." Executed contract documents, insurance certifications and, upon completion and acceptance of the work, invoices and other information requested are to be sent to: Mr. Ray Farnum Project Coordinator 5231 Business Drive, Newport, NC 28570 Email: BahmascaNEE Telephone: 252-241-6913 e) It is imperative that contract documents, invoices, etc., be sent only to the above address in order to assure proper and timely delivery and handling. Carteret County Government Fort Benjamin Dugout Renovations RFP 9 CLEANING UP a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do so by Carteret County. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the sites, and completely prepare the project and site for use by Carteret County. GUARANTEE a) The Contractor shall unconditionally guarantee materials and workmanship against patent defects arising from faulty materials, faulty workmanship or negligence for a period of twelve (12) months following the final acceptance of the work and shall replace such defective materials or workmanship without cost to the owner. b) Where items of equipment or material carry a manufacturer's warranty for any period in excess of twelve (12) months, then the manufacturer's warranty shall apply for that particular piece of equipment or material. The Contractor shall replace such defective equipment or materials, without cost to the owner, within the manufacturer's warranty period. C) Additionally, the owner may bring an action for latent defects caused by the negligence of the contractor, which is hidden or not readily apparent to the owner at the time of beneficial occupancy or final acceptance, whichever occurred first, in accordance with applicable law. CONTRACTOR-SUBCONTRACTOR RELATIONSHIPS The Contractor agrees that the terms ofthese contract documents shall apply equally to a subcontractor as to the Contractor, and that the subcontractor is bound by those terms as an employee of the Contractor. Carteret County Govemment Fort Benjamin Dugout Renovations RFP 10 SUPPLEMENTARY GENERAL CONDITIONS TIME OF COMPLETION The Contractor shall commence work to be under this Contract on an agreed upon project schedule between the County and Contractor, to be specified in written order from the County and or shall fully complete all work hereunder within (60) consecutive calendar days from the Notice to Proceed for the base bid contract. For each day in excess ofthe above number of days, the Contractor shall pay the Owner the amount of One Hundred Dollars ($100) ) as liquidated damages reasonably estimated in advance to cover the losses to be incurred by the Owner should the Contractor fail to complete the Work within the time specified. Ifthe Contractor is delayed at any time in the progress ofhis work by any act or negligence of the Owner, his employees or his separate contractor, by changes ordered in the work; by abnormal weather conditions; by any causes beyond the Contractor's control or by other causes deemed justifiable by Owner, then the contract time may be reasonably extended in a written order from the Owner upon written request from the contractor within ten days following the cause for delay. UTILITIES Temporary utilities services are furnished at contractor's expense unless otherwise noted. (i.e.; power, water, sewer, steam, telephones, portable toilets, trash containers, etc.) INSTRUCTIONS FOR WORKING ON COUNTY PROPERTY a) Parking & Traffic - Construction that will block facility traffic flow/close street requires one-week written notice to the Public Building Manager. b) Decorum - It is illegal for any person to have firearms, alcoholic beverages, drugs (except those prescribed by a physician) on County property. Violators will be reported to local law enforcement. c) Behavior - Indecent language, harassing "cat" calls or whistles, etc., will not be tolerated. Violators will be removed from county property immediately; questions will be asked later. Proper dress is required, long pants and shirts will be worn at all times. Loud music is not permitted. d) Use of Building Contractor personnel are not permitted to use Buildings/Facilities for restrooms, eating, or leisure activity. Unless prior approval is granted by County Representative. e) Locate for Utilities - When digging or trenching on or adjacent to County property, a 48-hour notice is required to locate existing underground utilities. Contractor must contact the Public Works Department (252-648-7878) as well as the NC One Call Center (I-800-632-4949) for public utilities. Disruption ofUtilities When any underground utilities or unusual conditions are damaged or encountered, contact the Public Works Department (252-648-7878) immediately. The Public Works Department will investigate and advise as needed. Contractor must have personnel available to effect immediate repair. Ifdamage occurred due to failure ofthe County to properly locate utilities, the contractor will be reimbursed. Planned Outages Outages needed to allow contractor to complete or perform work, must be scheduled with the Public Buildings Department (252-648-7877). One-week written notice is required for all outages. h) Access to Buildings Access to perform work in a building after normal working hours (8:00 a.m. to 5:00 p.m. Monday Friday) must be coordinated through the Public Buildings Department with 24 hours in advance. Exterior work performed after normal working hours should also be reported to the Public Works Department 24 hours in advance. Carteret County Government Fort Benjamin Dugout Renovations RFP 11 ALTERNATE BIDS (ADD OR DEDUCT) N/A MINORITY BUSINESS PARTICIPATION a) It is the intent of the County to encourage Contractors in making every effort to utilize Minority Business Enterprises for subcontracted work. The County has established efforts to record participation of such Enterprises by the attached "Appendix E = MBE DOCUMENTATION FOR CONTRACT PAYMENTS". The Contractor shall include the attached Appendix E with each pay application. b) Bidders can use the Office for Historically Underutilized Business website pdassstana to locate HUB contractors. c) Nothing in these guidelines shall be construed to require contractors or awarding authorities to award contracts or subcontracts to or to make purchases of materials or equipment from minority-business contractors or minority-business subcontractors who do not submit the lowest responsible, responsive bid or bids. E-VERIFY EMPLOYER COMPLIANCE The contractor represents and covenants that the contractor and its subcontractors comply with the requirement of Article 2 of Chapter 64 of the North Carolina General Statutes (NCGS). In this E-Verify Compliance section, "contractor" "its subcontractors" and "comply" shall have the meanings intended by NCGS 153A-499 (b). The County is relying on this section in entering into this contract. The parties agree to this section only to the extent authorized by law. Ifthis section is held to be unenforceable or invalid in whole or in part, it shall be deemed amended to the extent necessary to make this contract comply with NCGS 153A-499 (b). SUPERINTENDENT The Contractor shall employ a competent superintendent who shall represent the Contractor and have the authority to make field decisions necessary for performing the work. Competency must be demonstrated by performing high quality construction work on time according to Contractor's approved schedule. County reserves the right to require replacement of the superintendent by Contractor without explanation from the County. INDEMNIFICATION The Contractor will indemnify and hold the County harmless from any and all liability, expense, judgment, suit, or cause of action for personal injury, death, or direct damage to tangible property which may accrue against the County to the extent it is caused by the negligence of Contractor, or its Sub-Contractors, or their employees or agents, while performing duties under this Agreement, provided that the County gives the Contractor prompt, written notice of any such claim or suit. TERMINATION Carteret County Government shall have the right to terminate this contract immediately by written notice to the Contractor if the Contractor fails to execute the services promptly and to Carteret County Governments satisfaction, or fails to perform any obligation imposed by any provisions of this Contract. In the event of termination for default, Carteret County Government has against the Contractor all remedies provided by law and equity. Carteret County Govemment Fort Benjamin Dugout Renovations RFP 12 PERFORMANCE AND PAYMENT BONDS A Performance Bond is not required. AE Payment Bond is not required. PRE-CONSTRUCTION CONFERENCE The owner may require a pre-construction conference to review project with contractor. Date will be set after award of contract. PROJECT SCHEDULE The owner may require a project schedule to show dates for planned work phases and completion date. SUMMARY OF PAPERWORK Prior to Award 1- - Submit Certificate of Insurance for liability and Worker's Compensation. 2 - Submit Iran Divestment Act Certification. 3 - Submit breakdown of materials, labor and tax on a company letterhead. 4 - Submit Service Agreement. After Award 1- Submit Project Schedule 2 - Submit completed Sales Tax Summary and Detail forms, state "None" if applicable. Final Payment 1 - Submit invoice only after work is complete. 2- - Submit completed Sales Tax Summary and Detail forms, state "None" if applicable. 3- - Submit Contractor's Warranty Letter, state date of acceptance agreed with owner. 3 - Submit Contractor's Affidavit Letter. Carteret County Government Fort Benjamin Dugout Renovations RFP 13 IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY N.C.G.S. 147-86.59 As of the date listed below, the vendor or bidder listed above is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 147-86.58. The undersigned hereby certifies that he or she is authorized by the vendor or bidder listed above to make the foregoing statement. Bunauhlaus 5/20/2025 Signature Date Behn Mazshantu Coprak Secrtiay Printed! Name Title Notes to persons signing this form: N.C.G.S. 147-86.59(a) requires this certification for bids or contracts with the State of North Carolina, a North Carolina local government, or any other political subdivision of the State ofNorth Carolina. The certification is required at the following times: When a bid is submitted When a contract is entered into (ifthe certification was not already made when the vendor made its bid) When a contract is renewed or assigned N.C.G.S. 147-86.59(b) requires that contractors with the State, a North Carolina local government, or any other political subdivision ofthe State ofNorth Carolina must not utilize any subcontractor found on the State Treasurer' s Final Divestment List. The State Treasurer's Final Divestment List can be found on the State Treasurer's s website at the address WWARIASEESeTVIEN and will be updated every 180 days. Carteret County Government Fort Benjamin Dugout Renovations RFP 14 PROJECT TITLE: fovk Bunjamm Dugaur 5/1/25 z Runovahons Month / Date /Year C ARS SUBCONTRACTOR: Pirwn Coushution, lic. DESCRIPTION OF WORK: enal Conhuchng Servius FEDERAL ID #: 83- 123991460 NC CONTRACTOR LISCENSE #: 78381 STREET ADDRESS: Rociel uz1 Cuss CIY, STATE, ZIP: Dwiom NC 27705 EMAIL ADDRESS: Supportep vonghchon .cons FIELD CONTACT #: pinom AND CELL (914) 908 -8274 Ppaos SUBCONTRACTOR: DESCRIPTION OF WORK: FEDERAL ID #: NC CONTRACTOR LISCENSE #: STREET ADDRESS: CITY, STATE, ZIP: EMAIL ADDRESS: FIELD CONTACT AND CELL #: Carteret County Government Fort Benjamin Dugout Renovations RFP 15 AGREEMENT FOR SERVICES CARO THIS AGREEMENT FOR SERVICES ("Agreement") is made this 17 day of March, 2025 (the "Effective Date"), by and between the County of Carteret, a North Carolina municipal corporation (the "County"), and [GALLAGHER BENEFIT SERVICES]1, a(n) [STATE OF [INCI2 ("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 and 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 II. 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-ie., "Inc." or "Corp." n 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 of the State of [SERVICE PROVIDER'S STATE OF RESIDENCE!. Carteret County Government Fort Benjamin Dugout Renovations RFP 16 A. Provision 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 L 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 III. RESPONSIBILITIES OF SERVICE PROVIDER AND COUNTY A. Service Provider's Responsibillties 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 Exhibit 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. Carteret County Government Fort Benjamin Dugout Renovations RFP 17 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 world 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 it 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 a 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. Carteret County Government Fort Benjamin Dugout Renovations RFP 18 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. Carteret County Government Fort Benjamin Dugout Renovations RFP 19 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 lock 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 shall 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. Carteret County Government Fort Benjamin Dugout Renovations RFP 20 5. Indemnification 1. General Indemnification- Service Provider shall defend, indemnify, and hold 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, costs, or expenses of whatever kind, including reasonable attoreys' 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 or 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. If this Agreement is terminated by the County pursuant to this Section VII.B, Service Provider shall be paid for the portion of Services satisfactorily performed through the effective time of such termination. C. 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. Carteret County Government Fort Benjamin Dugout Renovations RFP 21 D. County May Prosecute Services. Upon any termination effected pursuant to this Section VI, 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 IIL.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 of 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 the 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 personnel 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. Carteret County Government Fort Benjamin Dugout Renovations RFP 22 D. Confidential Information. Service Provider agrees: (a) not to disclose or otherwise make available Confidential Information to any third party without the prior written consent of the County; provided, however, that Service Provider may disclose 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 disclosure 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 criminal 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 Exhibit 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. Carteret County Government Fort Benjamin Dugout Renovations RFP 23 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 of 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, if any action, Carteret County Government Fort Benjamin Dugout Renovations RFP 24 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 entitled 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): If to the County: The County of Carteret Purchasing Department 302 Courthouse Square Beaufort, NC 28516 If to Service Provider: (See Service Provider's address for notices on the signature page hereof.) Carteret County Government Fort Benjamin Dugout Renovations RFP 25 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. 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, n "hereof," "hereby, - "hereto, e 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. SIGNATURES BEGIN ON THE NEXT PAGE] Carteret County Government Fort Benjamin Dugout Renovations RFP 26 IN WITNESS WHEREOF, this Agreement is entered into by the Parties as of the Effective Date. The County of Carteret By: Name: Title: Preaudit Certificate This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Dee Meshaw, Deputy County Manager Service Provider: If Service Provider is an entity: IfService Provider is an individua!: [LEGAL NAME OF SERVICE PROVIDER] By: Signature Name: Print name: [LEGAL NAME OF SERVICE PROVIDER] Title: Service Provider's address for notices: Attn.: Carteret County Goverment Fort Benjamin Dugout Renovations RFP 27 PROPOSAL AND CONTRACT Carteret County Government Fort Benjamin Dugout Renovations The undersigned, as bidder, proposes and agrees if this proposal is accepted to contract with Carteret County for the furnishing of all materials, equipment, labor and tax necessary to complete the Carteret County Fort Benjamin Dugout Renovations described in these documents in full and complete accordance with requirements, specifications, and contract documents, and to the full and entire satisfaction of Carteret County for the sum of: 00 $ 06,404. Contractor: Pinow Conshnu Hm, lnt. Federal ID#: 83- 1239946 By: beth Dlasllun Witness: Title: Brianna Ardws Coppock Secteheeg (Owner, partner, corp. Pres. or Vice President) 27705 Bidusss Address: 7174 GuesS Booel Dwhan,Nc Attest: (corporation) Email Addressontunna @ pinam conShmehon. Lom (Corporate Seal) By: Bitt Malbu License #: 78381 Title: - Couporalu Secrelany Capantionskeepy/As! Secretary.) Carteret County Government Fort Benjamin Dugout Renovations RFP 28 IN TESTIMONY WHEREOF, the parties have expressed their agreement to these terms by causing this Contract to be executed by their duly authorized offiçe or agent. COUNTY OF CARTERET (Seal) fvam Conshuhun lne. Contractor bett Mawllun Authorized Representative (Seai) Belh Maitshbuce Printed Name Colforak Secrehary 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 Sharon Griffin County Manager/County Attorney NORTH CAROLINA COUNTY OF CARTERET GOVERNMENT I, a Notary Public of the State and County aforesaid certify that Sharon Griffin acknowledged that she is the Interim 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 Interim County Manager, sealed with its corporate seal. WITNESS my hand and official seal, this day of 2025 Notary Public My Commission expires: Carteret County Government Fort Benjamin Dugout Renovations RFP 29 P PINAM Fort Benjamin Dugout Renovations Date of Proposal: May 21, 2025 Bidder Company Name: Pinam Construction, Inc. Phone: (919) 908-877 Email: support@pinamoonstruction.com Project Location: 100 McQueen Avenue. Newport. NC: 28570 Contact Person (if different from above): Brianna Andrews. Assistant] Project Manager Phone: (984)459-7707 Email: brianna@pinamoonstruction.com Attachments: 1. Requestfor Proposal dated. May 9, 2025 2. Certificate ofInsurance 3. W9 4. Color Sample Chart Field #1: 1. Labor $18,393.91 2. Materials $43,029.79 3. Tax .$4,980.30 Total Lump Sum Bid: $66,404.00 Project Notes: 1. This proposal is only valid for thirty (30) days. Print Name and Title of Authorized Signer: Behy mgshbue Signature of Authorized Signer: Be ayNw Date: 520/2025 END OF BID FORM- 2121 Guess Road Durham, NC 27705 office: (984) 459-7707 imseahnmoninactencm DATE poo ACORD CERTIFICATE OF LIABILITY INSURANCE 5/13/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF NFORMATION OMLV AND CONFERS NO RIGHTS UPON THE AFFORDED CERTIFICATE BY HOLDER. THE POLICIES THIS CERIIFICATE DOES NOT AFFIRMATIVELY OR NEGATMELY AMEND, EXVEND OR ALTER THE COVERAGE AUTHORIZED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSIITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT "the cartficnl holder la an ADOITIONALI INSURED, the palleyfes) mun! heve ADOITIONALI INSURED provisions or A be etstement endonsed on FSUROGATIONT IS WAMED, sublect to the serme and conditions e the pollcy, cartaln pollcies may require an endorsement. this cerlficste dons not confer right to the oarilcate holdarin! leu of such andors mento). PRODUCER Er Myra Garcia Rapid Insurance Agency, Inc. F AR 919-294-9089 A 2117 Guess Road pabpslagyE com Duham, NC 27705 COVERAGE 28271 MACS NSURER Erie Insuranoa Exchange Progressive 24260 SURED Mulual 23043 Pinam Construction, Inc. NSURERC: Uberty 2121 Guess Road NSURERD: Durham, NC 27705 SURERE: S4 SURERF COVERAGES CERTIFICATE NUMBER: REVIBION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO OR THE INSURED NAMED ABOVEFOR WITH THE TO POLICY WHICH PERIOO THIS INDICATED. NOTWITASTANDING ANY REQUIREMENT, TERM OR CONDITION OF BY ANY CONTRACT DESCRIBED OTHER DOCUMENT Is SUBJECT RESPECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED THE POLICIES BYPAID HEREN EXCLUSIONS AND CONDITONS OF SUCHPOLICIES LIMITS SHOWNI MAV HAVE BEEN REDUCED CLAIMS. R MVVE OFT MSURANCE su POLEYNNER EV a um X coM EACIAL GDERALI MABUTY BACH 00 ENCE s 1,000,000 s 1,000,000 CLAMS-MADE OCCUR MDE EP (Ay one paan s 5,000 A 028-2521567 04/25/2025 04/25/2026 PERSONAL BA ADVI NURY s 1,000,000 s 2,000,000 4G TEL UT MPU a PR GBERAL LAGOREGATE uoc PROCUCTB-CONPO AGG s 2,000,000 PoucyY e omen ET - uur de 1,000,000 AUTON EUAUTY BODLY INURY paron $ 1,000,000 ANY AUTO Pw 1,000.000 x oW SCHEOULD 970236850 05/08/2025 05/08/2026 BODILY LURY Per acdas C A 1 e NLY WTOS ONLY ALTOSONL MedPay a 5,000 AMAS OCCUR BACH OCCURRENCE 1,000,000 A EACEsS LAS CLAINSAADE 028-2570504 04/28/2025 04/28/2026 AOGREGATE 1,000,000 OED RETSMONS DN F - AVTE ANDI : V TVE YIN BL BACHACCIDENT a 1,000,000 C ANPR UDED? MIA WC5-39S 368988-010 04/28/2025 04/28/2026 - EL DISEASE- EAI BMLOVEE s 1,000,000 y s 1,000,000 N OFOPERATIONSE beloe EL OISEASE -POUCYUMIT DESCRPTION OF OPERATIONS VLOCATIONSI VEICLES (ACORD 101,A Adationa Ramria Schedule, my ba ached more spo l mguhdy Additionally Insured: Cartant County Govemment, 3020 Courthousa Square, Besufort NC 28511 CERTIFICATE HOLDER CANCELLATION SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE IN THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELVERED Carteret County Government ACCORDANCE WITH THE POLICY PROVISIONS. 302 Courthouse Square Beaufort, NC 28516 AUTHOF Tyla Mauca 01 1950-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registlid marks of ACORD Request for Taxpayer Give form to the Form W-9 Rev. March 2024) Identification Number and Certification requester. Do not Department ofthe Treasury Go to www.irs:govFormws for instructions and the latest information. send to the IRS. Internal Revonue Service Before you begin. For guidance related tot the purpose of Form W-9, see Purpose of Form, below. 1 Name ofe entitylndividual. An entry Is required. (For a sole proprietor or disregarded entity, entert the owner's name on Ine 1, and enter the! business/disregarded entity's name on! line 2.) Pinam Construction, Inc. 2 Business name/disregarded entity name, if different from above. > 3a Check the appropriate boxf for federalt tax classification of the entity/individual whose namei is entered on line1 1. Check 4 Exemptions (codes apply onlyto only one ofi thef following seven boxes. certain entities, not individualis; o soei instructions on pege 3): Individual/sole proprietor Coorporation Sc corporation Partnership Trust/estate o LLC. Enter thet tax classification (C: C corporation, S= S corporation, P Partnership) Exempt payes code (if any) Note: Check the "LLC"E box above and, In the entry space, entert the appropriate code (C. S, orP) fort thet tax from Account Tax classification oft thel LLC, unless iisad disragarded entity, A disregarded entity should instead check the appropriate Exemption Forelgn 6 box for thet tax classification of its owner. Compliance Act (FATCA) reporting code (f any) S Other (seei instructions) € 3b Ifon lina 3a you checked' "Partnership" or "Trust'estate," "or checked" "LLC" and entered' "P"a as lts tax clessification, (Apples to accounts maintained de and you are providing this form to a partnership. trust, or estate in which you have an ownership interest, check outside the United States.) this boxi ifyoul have any foreign partners, owners, or beneficiaries. See instructions - 8 5 Address (number, street, and apt. or suite no.). Seei instructions. Requester's name anda address (optiona) 2121 Guess Road a Cily, state, and ZIP code Durham, NC 27705 7 List account numberts) here (optional) Parti Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given an line 11 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a - resident alien, sole proprietor, or disregardede entity, see thei instructions for Parti, later. For other entities, itl is your employer identification number (EN. If you do not have a number, see How to get a or TIN, later, Employeri identification number Note: Ift the account is in more than one name, see the instructions for line 1. See also What Name and 8 1 - 1 2 3 9 9 4 6 Number To Give the Requester for guidelines on whose numbert to enter. Part 1 Certification Under penalties of perjury, certify that: 1. The number shown on this form is my correct taxpayer identification number (or am waiting for a number to be issued tor me); and 2.lam not subject to backup withholding because (a)lam exempt from backup withholding, or (b)! Thave not been notified by the Internal Revenue Service (IRS) that lam subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified met thatlam no longer subject to backup withholding; and 3.lam a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (t any) indicating that am exempt from FATCA reporting is correct. Certification instructions. You must cross outi item 2 above If you have been notified by the IRS that you are currently subjectt to backup withholding interest because you have failed to report all interest and dividends ony your tax retur. For real estate transactions, item 2 does not apply. For mortgage paid, acquisition or abandonment of secured property, cancellation ofc debt, contributions to an individual retirement arrangement (RA), and, generally, payments other than interest and dividends, you are not requiredt to signt the certification, buty you must providey your correct TIN. See the instructions for Partil, later. Sign Signature of Date Here U.s. person e Tashlus 10/4/2024 Instructions New line 3b has been added tot this form, A flow-through entity is General required to complete this line to indicate thati it has direct ori indirect Section references are to the Internal Revenue Code unless otherwise foreign partners, owners, or beneficiaries when it provides the Form This W-9 noted. to another flow-through entity in whichit has an ownership interest. changei is intendedt to provide a flow-through entity with information Future developments. For the latest information about developments regarding the status of its indirect foreign partners, owners, or related to Form W-9 and its instructions, such as legisiation enacted beneficiaries, so that it can satisfy any applicable reporting after they were published, go to wwwir:gowFomw9. requirements. For example, a partnership that has any indirect foreign New partners may be required to complete Schedules K-2 andK-3. See the What's Partnership instructions for Schedules K-2 and K-3 (Form 1065). Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded should check the Purpose of Form appropriate box for the tax classification eney its owner. Otherwise, it An individual or entity (Form W-9 requester) who is required to file an should check the' "LLC" box and enter its appropriate tax classification. information retur with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024) IV. Consent Agenda 7. Approval of the Pinpoint Fence Bid to Repair the Athletic Field Fencing at Western Park, $119,550.39 Carteret County Public Buildings Aaron Elms 5231 Business Drive Public Buildings Manager Newport, NC 28570 mmmdarouysee" CARO Bus 252-646-7878 Aaron Elms 5231 Business Dr. Public Buildings Director Newport, NC 28570 Phone (252) 648-7877 MEMORANDUM DATE: 5/29/25 TO: Board ofCommissioners CC: Sharon D. Griffin, County Attorney/ County Manager FROM: RE: Award ofWestern Park Athletic Field Fencing Repair Carteret County Public Buildings has recently requested bids for repair of Athletic Field Fencing at Western Park (259 Old NC-58, Cedar Point, NC 28584). The low bid was submitted by Pinpoint Fence at $119,550.39. Public Buildings would like to recommend approval of this bid. Carteret County Courthouse .302 Courthouse Square e Beaufort, North Carolina 28516 CARTERET COUNTY GOVERNMENT Phone: 252-648-7877 CA RO Western Park Athletic Field Fencing Bid Tab Bid closing date: May 20, 2025 @ 9:00 AM EST. Company Total Bid Pinam Construction $212,910.00 Seegars Fencing $170,328.00 Pinpoint Fence $119,550.39 Mailing: 5231 Business Drive Newport, NC 28570 Location: 5231 Business Drive Newport, NC 28570 CARO Request for Proposal Carteret County Government Western Park Athletic Field Fencing Replacement and Repairs Carteret County, North Corolina Issued: May 7, 2025 Submission Deadline: May 20, 2025 by 9:00 AM, EST. Carteret County Western Park Athletic Field Fencing Replacement and Repairs CARTERET COUNTY PUBLIC BUILDINGS Phone: 252-648-7877 REQUEST FOR PROPOSAL Date: May 7, 2025 To: Interested Contractors Project Name: Western Park Athletic Field Fencing Replacement and Repairs Scope of Work: Carteret County Government is seeking proposals to replace fencing and make repairs for the ballfields and tennis court at Western Park located at 275 Old HWY 58, Cape Carteret, NC 28584. The Contractor shall abide by the following details and diagrams: Western Park Field 1: Replace the entire backstop with new post and fencing using the existing footprint a 76' WI 18'H. Backstop shall come equipped with a full hood. Replace existing 4' fence between backstop to far end of dugouts with 10' tall / both sides - 107' Replace existing 3' exit gates in both dugouts. Replace both sideline 4'1 fences and posts (from end of dug outs to outfield fence) - approx. 270'. Close up 3ft gate on left side of backstop / replace 3ft gate on right side of backstop. Close 12ft gate on 1st baseline. Remove existing outfield gate and replace with fencing to match. Install new 12ft gate near end of 3rd base line. Western Park Field 2: Replace the entire backstop with new post and fencing using the existing footprint - 62' W/1 18'H. Backstop shall come equipped with a full hood. Replace existing 4' fence between backstop to far end of dugouts with 10' tall / both sides 130'. Replace existing 3' exit gates in both dugouts. Close up gate on 1st base line Replace both sideline 4' fences and posts (from end of dug outs to outfield fence) - approx. 207. Adjust I repair outfield gate Replace missing 10ft section of top railing on outfield fence 2 Carteret County Western Park Athletic Field Fencing Replacement and Repairs Western Park Field 3: Replace the entire backstop with new post and fencing using the existing footprint - 40' W/18'H. shall come equipped with a full hood. Backstop Replace existing 4'1 fence between backstop to far end of dugouts with 10' tall / both sides approx. 130'. Replace existing 4' exit gates in both dugouts. Close up gate at mid field - 3rd baseline. Replace both sideline 4' fences and posts (from end of dug outs to outfield fence) - approx. 209'. Adjust repair 14' outfield gate. Western Park Field 4: Replace the entire backstop with new post and fencing using the existing footprint - 81.5' W/18'H. Backstop shall come equipped with a full hood. Replace existing 4' fence between backstop to far end of dugouts with 10' tall / both sides - 117. Replace existing 3' exit gates in both dugouts. Replace both sideline 4' fences and posts (from end of dug outs to outfield fence) - approx. 439. Add and tie in bottom rails Replace 12ft double gate on 1st baseline Replace 3ft gate on 1st baseline (between backstop and dugout) Close up 3ft gate on 3rd baseline (between backstop and dugout) Western Park Tennis Court: Replace 4' black vinyl coated fencing each side of court - approx. 56' and both 4' gates. Key Details: All new fencing, regardless of height and size, shall come equipped with bottom rail supports, tension wire shall not be used. All new sideline fencing shall have new yellow polycap baseball topper installed. The Contractor shall dig out all material, including concrete where post are to be removed. Unused holes shall be packed down level with screened dirt. Each new post shall be installed 2' - 3 % in the ground, depending on size, with a stone footing, concrete meeting a minimum of 2500 PSI and packed soil. Post spacing shall be 8' max. All new backstop hoods shall be six (6) gauge fabric with four-inch (4") post. All other new fencing fabric shall be 6 gauge and post shall be schedule 40, or equivalent. All dug out gates shall be installed to swing open toward outfield / not toward home plate. All existing signage shall be removed and reinstalled after completion. All materials, hardware, tools, and power shall be furnished by the Contractor in order to complete this project with turnkey workmanship. The Contractor shall submit any and all warranty documentation on behalf of the County. Any damages caused by the Contractor shall be the Contractor's responsibility to fix or replace at the County's discretion. The Contractor shall field verify all measurements and details. Schedule will be determined by Carteret County Government. The Contractor shall contact the POC for a site visit. The Contractor shall submit proposals per field as well as an overall package price. The Contractor shall obtain the required permits, if required, give all notices to the POC (including a copy of any permits), and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work. Permits shall be posted onsite at project location. No time extensions shall be granted or financial consideration given to the Contractor for time or monies lost due to violations of any such ordinance, code, law or regulations that may occur. 3 Carteret County Western Park Athletic Field Fencing Replacement and Repairs Fielal-WestemPek Remove bac ksto ate n outfield d endis - In sot det MV 535 pn oE ons Replse 3 WeE to Rd a selid IDNY ge CA ar ouis D a re wd Add 2ft at Field - d 4 F S - - - Rep De 65 fencine Lan 10ft1 place 4 W eak gate p e duge to 4 Carteret County Western Park Athletic Field Fencing Replacement and Repairs Field gate 0 5t repar outfleld Replace backstop- 40' wide *: 18 ta all add hood- -use existing dimensions Field4 place 60' ncing on each side w! 10ft tall replace s'w exd gate ine each gout Close uP gate 1 ni side of ay 5 Carteret County Western Park Athletic Field Fencing Replacement and Repairs Award of Contract Carteret County Government reserves the right to award to multiple contractors deemed to be fully qualified and best suited among others submitting proposals on the basis of the evaluation factors included within this RFP. Once the proposals are ranked by Carteret County Goverments Committee and the qualified contractor is determined, Carteret County Government may conduct further negotiations, and/or request presentations to any or all contractors. Carteret County Government reserves the right to accept or reject, in whole or in part, proposals directed to the best interest of the County. Each contractor shall fill out the required information within this RFP, submit Certificate of Insurance for liability and Worker's Compensation in order for the proposal to be qualified. Carteret County Government reserves the right to reject any or all proposals without explanation. Carteret County POC All inquiries concerning the Scope of Services and Proposal Submission Requirements should be directed to: Mr. Ray Farnum Project Coordinator 5231 Business Drive, Newport, NC 28570 Email: Ray.famumcarteretcountync.aoy Telephone: 252-241-6913 Scheduling of Site Visits should be directed to: Mr. Billy Merkley Public Works Director Phone: 252-241-4290 Email: BiaRantrtoumnsaeA Proposals shall be emailed, mailed, andlor hand delivered to the address of the POC shown above, and the sealed envelope shall clearly state the name of this RFP. It is the sole responsibility of the Contractor to ensure that their proposal arrives by the designated submission date assigned. Interested Contractors shall provide a breakdown of their proposal on their company letterhead attached to this RFP. Issued Date: May 7, 2025 Due Date Proposals to the attention of Mr. Ray Farnum are due no later than May 20, 2025 by 9:00 AM, EST. Proposals will not be accepted after the due date assigned. Contractors must be able to provide their W-9 as well as current Certificates of Insurance for public liability, property damage, and Workers' Compensation. Certificates of Insurance shall have "Carteret County Government, 302 Courthouse Square, Beaufort, NC 28516" listed as additionally insured. Please provide your proposal with break outs for labor, materials and tax if applicable. Failure to abide by the conditions within may result as an incomplete proposal. 6 Carteret County Western Park Athletic Field Fencing Replacement and Repairs GENERAL CONDITIONS GENERAL a) It is understood and agreed that by submitting a bid that the Contractor has examined these contract documents, drawings and specifications and has visited the site of the Work, and has satisfied himself relative to the Work to be performed. MATERIALS, EQUIPMENT AND EMPLOYEES a) The Contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, fuel, sanitary facilities and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied there from, all in accordance with the contract documents. b) All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications. No changes shall be made in the Work except upon written approval and change order by Director, Carteret County General Serviçes. Products are generally specified by ASTM or other reference standard and/or by manufacturer's name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed. e) However, the Contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired; and that equivalent products will be acceptable. Substitution of materials, items or equipment of equal or equivalent design shall be submitted to the architect or engineer for approval or disapproval; such approval or disapproval shall be made by the architect or engineer prior to the opening of bids. If at any time during the construction and completion of the work covered by these contract documents, the conduct of any worker of the various crafts be adjudged a nuisance to the Owner or if any worker be considered detrimental to the work, the Contractor shall order such parties removed immediately from the site. g) The Contractor shall designate a foremansuperintendent who shall direct the work. CODES, PERMITS AND INSPECTIONS a) The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws, ordinançes, codes, rules and regulations bearing on the conduct of the work under this contract. Ifthe Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Designer in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the Owner, he shall bear all cost arising from non-compliance with requirements. 7 Carteret County Western Park Athletic Field Fencing Replacement and Repairs b) All work under this contract shall conform to the current North Carolina Building Code and other state and national codes as are applicable. SAFETY REQUIREMENTS a) The Contractor shall be solely responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He shall be responsible for any damage to the Owner's property or that of others on the job, by himself, his personnel or his subcontractors, and shall make good such damages. He shall be responsible for and pay for any claims against the Owner arising from such damages. b) The Contractor shall adhere to the rules, regulations and interpretations of the North Carolina Department of Labor relating to Occupational Safety and Health Standards for the Construction Industry (Title 29, Code of Federal Regulations, Part 1926 published in Volume 39, Number 122, Part 11, June 24, 1974 Federal Register), and revisions thereto as adopted by General Statutes of North Carolina 95-126 through 155. C) The Contractor shall provide all necessary safety measures for the protection of all persons on the work, including the requirements of the AGC Accident Prevention Manual in Construction as amended, and shall fully comply with all state laws or regulations and North Carolina Building Code requirements to prevent accident or injury to persons on or about the location of the work. He shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. TAXES a) Carteret County is not exempt from North Carolina State Sales and Use Taxes on labor, material and equipment to be incorporated in the Work. Said taxes shall be included in invoices submitted by Contractor. Contractor in submitting his invoices shall break out all sales taxes as a separate item and County where purchase was made. EQUAL OPPORTUNITY a) The non-discrimination clause contained in Section 202 (Federal) Executive Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations prescribed by the Secretary of Labor, are incorporated herein. b) The Contractors agree not to discriminate against any employees or applicant for employment because of physical or mental handicap about any position for which the employees or applicant is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices. 8 Carteret County Western Park Athletic Field Fencing Replacement and Repairs INSURANCE (a) To the fullest extent permitted by laws and regulations, Contractor shall indemnify and hold harmless the County and its officials, agents, and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including but not limited to fees and charges of engineers or architects, attorneys, and other professionals and costs related to court action or arbitration) arising out of or resulting from Contractor's performance of this Contract or the actions of the Contractor or its officials, employees, or contractors under this Contract or under contracts entered into by the Contractor in connection with this Contract. This indemnification shall survive the termination of this Contract. (b) In addition, Contractor shall comply with the North Carolina Workers' Compensation Act and shall provide for the payment of workers' compensation to its employees in the manner and to the extent required by such Act. Additionally, Contractor shall maintain, at its expense, the following minimum insurance coverage: $1,000,000 per occurrence /$2,000,000 aggregate-Bodily Injury Liability, and $100,000 - - Property Damage Liability or 1,000,000 per occurrence /$2,000,000 aggregate- Combined Single Limit Bodily Injury and Property Damage. (c) The Contractor upon execution of this Contract shall furnish to the County a Certificate of Insurance reflecting the minimum limits stated above. The Certificate shall provide for thirty-(30) days advance written notice in the event of a decrease, termination or cancellation of coverage. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Contract. The limits of coverage under each insurance policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. INVOICE FOR PAYMENT a) Payment will be made in one lump sum within thirty (30) consecutive days after acceptance of the work and the submission both of notarized contractor's affidavit and four copies of invoices, which are to include the contract, account and job order numbers. b) Each invoice shall note the amount of Sales Tax paid by the Contractor, contain release of lien from subcontractors and vendors for prior invoices paid, and contain a notarized contractor's affidavit. c) The Contractor's affidavit shall state, "This is to certify that all costs of materials, equipment, labor, and all else entering into the accomplishment of this contract, including payrolls, have been paid in full." d) Executed contract documents, insurance certifications and, upon completion and acceptance of the work, invoices and other information requested are to be sent to: Tina Purifoy Director of Parks and Recreation Carteret County Government 5231 Business Drive, Newport, NC 28570 252-241-6913 Carteret County Wester Park Athletic Field Fencing Replacement and Repairs e) It is imperative that contract documents, invoices, etc., be sent only to the above address in order to assure proper and timely delivery and handling. CLEANING UP a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do sO by Carteret County. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the sites, and completely prepare the project and site for use by Carteret County. GUARANTEE a) The Contractor shall unconditionally guarantee materials and workmanship against patent defects arising from faulty materials, faulty workmanship or negligence for a period of twelve (12) months following the final acceptançe of the work and shall replace such defective materials or workmanship without cost to the Owner. b) Where items of equipment or material carry a manufacturer's warranty for any period in excess of twelve (12) months, then the manufacturer's warranty shall apply for that particular piece of equipment or material. The Contractor shall replace such defective equipment or materials, without cost to the Owner, within the manufacturer's warranty period. c) Additionally, the Owner may bring an action for latent defects caused by the negligence of the contractor, which is hidden or not readily apparent to the Owner at the time of beneficial occupancy or final acceptance, whichever occurred first, in accordance with applicable law. CONTRACTOR-SUBCONTRACTOR RELATIONSHIPS The Contractor agrees that the terms of these contract documents shall apply equally to a subcontractor as to the Contractor, and that the subcontractor is bound by those terms as an employee of the Contractor. 10 Carteret County Western Park Athletic Field Fencing Replacement and Repairs SUPPLEMENTARY GENERAL CONDITIONS TIME OF COMPLETION The Contractor shall commence work to be performed under this Contract on a date to be specified in written order from Carteret County and shall fully complete all work hereunder within 90 consecutive calendar days from the Notice to Proceed for this contract. For each day in excess of the above number of days, the Contractor shall pay Carteret County the amount of $50Dollars per day as liquidated damages reasonably estimated in advance to cover the losses to be incurred by Carteret County should the Contractor fail to complete the Work within the time specified. Ift the Contractor is delayed at any time in the progress of his work by any act or negligence of the Owner, his employees or his separate contractor, by changes ordered in the work; by abnormal weather conditions; by any causes beyond the Contractor's control or by other causes deemed justifiable by Owner, then the contract time may be reasonably extended in a written order from the Owner upon written request from the contractor within ten days following the cause for delay. UTILITIES Temporary utilities services are furnished at contractor's expense unless otherwise noted. (i.e.; power, water, sewer, steam, telephones, portable toilets, trash containers, etc.) INSTRUCTIONS FOR WORKING ON COUNTY PROPERTY a) Parking & Traffic - Construction that will block facility traffic flow/close street requires one-week written notice to the Public Building Manager. b) Decorum - It is illegal for any person to have firearms, alcoholic beverages, drugs (except those prescribed by a physician) on County property. Violators will be reported to local law enforcement. Behavior Indecent language, harassing "cat" calls or whistles, etc., will not be tolerated. Violators will be removed from county property immediately; questions will be asked later. Proper dress is required, long pants and shirts will be worn at all times. Loud music is not permitted. Use of Building Contractor personnel are not permitted to use Buildings/Facilities for restrooms, eating, or leisure activity. Unless prior approval is granted by County Representative. e) Locate for Utilities When digging or trenching on or adjacent to County property, a 48-hour notice is required to locate existing underground utilities. Contractor must contact the Public Works Department (252-648-7878) as well as the NC One Call Center (1-800-632-4949) for public utilities. 1 Disruption of Utilities When any underground utilities or unusual conditions are damaged or encountered, contact the Public Works Department (252-648-7878) immediately. The Public Works Department will investigate and advise as needed. Contractor must have personnel available to effect immediate repair. If damage occurred due to failure of the County to properly locate utilities, the contractor will be reimbursed. g) Planned Outages Outages needed to allow contractor to complete or perform work, must be scheduled with the Public Buildings Department (252-648-7877). One-week written notice is required for all outages. h) Access to Buildings Access to perform work in a building after normal working hours (8:00 a.m. to 5:00 p.m. Monday - Friday) must be coordinated through the Public Buildings Department with 24 hours in advance. Exterior work performed after normal working hours should also be reported to the Public Works Department 24 hours in advance. 11 Carteret County Western Park Athletic Field Fencing Replacement and Repairs MINORITY BUSINESS PARTICIPATION a) Iti is the intent of the County to encourage Contractors in making every effort to utilize Minority Business Enterprises for subcontracted work. The County has established efforts to record participation of such Enterprises by the attached "Appendix E - MBE DOCUMENTATION FOR CONTRACT PAYMENTS". The Contractor shall include the attached Appendix E with each pay application. b) Bidders can use the Office for Historically Underutilized Business website MwdasaR.Nane to locate HUB contractors. c) Nothing in these guidelines shall be construed to require contractors or awarding authorities to award contracts or subcontracts to or to make purchases of materials or equipment from minority- business contractors or minority-business subcontractors who do not submit the lowest responsible, responsive bid or bids. E-VERIFY EMPLOYER COMPLIANCE The contractor represents and covenants that the contractor and its subcontractors comply with the requirement of Article 2 of Chapter 64 of the North Carolina General Statutes (NCGS). In this E-Verify Compliance section, "contractor" "its subcontractors" and "comply" shall have the meanings intended by NCGS 153A-499 (b). The County is relying on this section in entering into this contract. The parties agree to this section only to the extent authorized by law. If this section is held to be unenforceable or invalid in whole or in part, it shall be deemed amended to the extent necessary to make this contract comply with NCGS 153A-499 (b). SUPERINTENDENT The Contractor shall employ a competent superintendent who shall represent the Contractor and have the authority to make field decisions necessary for performing the work. Competency must be demonstrated by performing high quality construction work on time according to Contractor's approved schedule. County reserves the right to require replacement of the superintendent by Contractor without explanation from the County. INDEMNIFICATION The Contractor will indemnify and hold the County harmless from any and all liability, expense, judgment, suit, or cause of action for personal injury, death, or direct damage to tangible property which may accrue against the County to the extent it is caused by the negligence of Contractor, or its Sub-Contractors, or their employees or agents, while performing duties under this Agreement, provided that the County gives the Contractor prompt, written notice of any such claim or suit. TERMINATION Carteret County Government shall have the right to terminate this contract immediately by written notice to the Contractor if the Contractor fails to execute the services promptly and to Carteret County Governments satisfaction, or fails to perform any obligation imposed by any provisions of this Contract. In the event of termination for default, Carteret County Government has against the Contractor all remedies provided by law and equity. 12 Carteret County Western Park Athletic Field Fencing Replacement and Repairs PERFORMANCE AND PAYMENT BONDS A Performance Bond is not required. AI Payment Bond is not required. PRE-CONSTRUCTION CONFERENCE The owner may require a pre-construction conference to review project with contractor. Date will be set after award of contract. PROJECT SCHEDULE The owner may require a project schedule to show dates for planned work phases and completion date. SUMMARY OF PAPERWORK Prior to Award 1 - Submit Certificate of Insurance for liability and Worker's Compensation. 2 - Submit Iran Divestment Act Certification. 3 - Submit breakdown of materials, labor and tax on a company letterhead. After Award 1 - Submit Project Schedule 2 - Submit completed Sales Tax Summary and Detail forms, state "None" if applicable. Final Payment 1 - Submit invoice only after work is complete. 2 - Submit completed Sales Tax Summary and Detail forms, state "None" if applicable. 3 - Submit Contractor's Warranty Letter, state date of acceptance agreed with owner. 3 - Submit Contractor's Affidavit Letter. 13 Carteret County Western Park Athletic Field Fencing Replacement and Repairs PROPOSAL AND CONTRACT Carteret County Western Park Athletic Field Fencing Replacement and Repairs The undersigned, as bidder, proposes and agrees if this proposal is accepted to contract with Carteret County for the furnishing of all materials, equipment, labor and tax necessary to complete the Carteret County Western Park Athletic Field Fencing Replacement and Repairs described in these documents in full and complete accordance with requirements, specifications, and contract documents, and to the full and entire satisfaction of Carteret County for the sum of: Total $119,550.39 Contractor: Pinpoint Fence eSignedby: Federal ID#: 99-3389880 Harrison 2014UTC Joknson By: Witness: Title: Owner - (Owner, partner, corp. Pres. or Vice President) Andrew Wolstenholm Address: 121 E. Henry St. Belmont NC, 28012 Attest: (corporation) Email Address: Andrew@pinpontiences .com (Corporate Seal) eSignedb by: Johnson nla By: License Harusons #: Title: Owner CbsyhtT 14 Carteret County Western Park Athletic Field Fencing Replacement and Repairs IN 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 (Seal) Pinpoint Fence Contractor Authorized Representative (Seal) Andrew Wolstenholm Printed Name Sales Manager 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 Sharon Griffin County Manager / County Attorney NORTH CAROLINA COUNTY OF CARTERET GOVERNMENT I, a Notary Public of the State and County aforesaid certify that Sharon Griffin acknowledged that she is the County Manager of County of Carteret, and that authority duly given as the act of the 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 day of 2025 Notary Public My Commission expires: 15 Carteret County Western Park Athletic Field Fencing Replacement and Repairs CARD AMENDMENT NUMBER 11 TO THIS BID DOCUMENTS Amendment Date: May 7, 2025 Western Park Athletic Field Fencing Replacement and Repairs A. This Amendment shall be considered part of the bid document 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. It will be construed that each bidder's proposal is submitted with full knowledge of all modifications and supplemental data specified herein. Service Agreement (listed below) Exceptions to the Sample Service Agreement. Attached is a sample Service Agreement that describes the County's terms and conditions. The successful firm will be required to enter into a Service Agreement. Any exceptions to the terms and conditions of the Agreement must be documented and submitted in this Section. In addition, any additional language, terms or conditions must be submitted in this section. BIDDER MUST ACKNOWLEDGE THIS AMENDMENTBY SIGNING BELOW AND ATTACHING THE SIGNED AMENDMENT TO THE BID FORM: Company Name Pinpoint Fence Contact Person Andrew Wolstenholm Signature Date 5/22/2025 Ashley Bennett, Purchasing Agent Carteret County Government 16 Carteret County Western Park Athletic Field Fencing Replacement and Repairs SAMPLE ONLY - do not fill in AGREEMENT FOR SERVICES THIS AGREEMENT FOR SERVICES ("Agreement") is made this Jofl 2025 (the "Effective Date"), by and between the County of Carteret, a North Carolina municipal corporation (the "County), and [SERVICE PROVIDER), a(n) [STATE OF SERVICE PROVIDER'S ACORPORATONORGANCATON [SERVICE PROVIDER'S TYPE OF BUSINESS ENTITYJ2 ("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 and 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: SECTIONI. 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 noti 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 II. PROVISION OF THE SERVICES 1E.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"). 2E.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-ie., "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 of the State of [SERVICE PROVIDER'S STATE OF RESIDENCE!. 17 Carteret County Western Park Athletic Field Fencing Replacement and Repairs A. Provision 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 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 III. 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 Exhibit 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 Serviçe 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. Itshall 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. 18 Carteret County Western Park Athletic Field Fencing Replacement and Repairs 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 world in and to the Deliverables, including all intellectual property rights therein. Service Provider shall causei 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 confict between County, State, and Federal Regulations and, in the event, there is a confict, 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 it 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 a representative to act on behalf of Service Provider with respect to the Services to be performed hereunder (the "Designated Representativel). 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, ifa any, to provide payment andlor performance bonds relating to the Services, and (b) Service Provider shall provide any such bonds sO required by the County in connection therewith. 19 Carteret County Western Park Athletic Field Fencing Replacement and Repairs 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 furished 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 ini 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 concems 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 ar 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 lock of supporting documentation, the County shall promptly notify Service Provider of the dispute and required clarification andlor remedial action. After any dispute has been settled, Service Provider shall include the disputed items on a subsequent regularly scheduled invoice or on a special invoice for the disputed items only. 20 Carteret County Western Park Athletic Field Fencing Replacement and Repairs 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 at 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 hold harmless the County and its officers, directors, employees, agents, successors, and permitted assigns (each, an "Indemnitee')i from and against all losses, damages, liabilities, deficiencies, actions, judgment, interest, awards, penalties, fines, costs, 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 wilful, 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. 21 Carteret County Western Park Athletic Field Fencing Replacement and Repairs 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 or specified by Service Provider in writing, ift 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 VII.B, Service Provider shall be paid for the portion of Services satisfactorily performed through the effective time of such termination. C. 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 VIL.E and Section I.B, Section IILA.8, Section V, Section Vi, Section VII.C, Section VIL.D, Section VII, and Section X, and any right or obligation of the Parties in this Agreement which, by its nature, should survive termination or expiration of this Agreement, will survive any such termination or expiration of this Agreement. SECTION VII. 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 2of Chapter 64 of the North Carolina General Statutes. Service Provider's breach of its representations, warranties, and/or covenants in this Section VIL.A shall be deemed to be a material breach of this Agreement. 22 Carteret County Western Park Athletic Field Fencing Replacement and Repairs 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 the 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 personnel 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 Information to any third party without the prior written consent of the County; provided, however, that Service Provider may disclose 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) toi immediately notify the County ini 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 disclosure 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. 23 Carteret County Western Park Athletic Field Fencing Replacement and Repairs E. No Debarment. Service Provider represents and warrants to the County that Service Provider is not under sanction, exclusion, or investigation (civil or criminal by a federal or state enforcement, regulatory, currently (a) administrative, or licensing agency) or otherwise ineligible for federal or state program North Carolina or any other state or federal debarment databases (e.g., Office of Inspector participation, General or (b) listed on for Award Management). and System SECTION IX. MEETINGS A. General. Subject to any more specific provisions set forth on Exhibit A, Service Provider will make such reviews, attend such meetings, andi make such contacts as are necessary to maintain the schedule for any to which the Services relate (the "Project) and for proper preparation of plans, documents, specifications, County project and special provisions. B. Status Updates. Service Provider may be required to meet with representative(s) of the to review the status of the Services and/or the Project. These meetings will not be required unless problems County 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 to the subject matter contained herein, and supersedes all prior and contemporaneous understandings respect and both written and oral, with respect to such subject matter. In case of a conflict between the provisions agreements, 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 unless agreed upon in a writing executed by a duly authorized representative of the County. Without limiting Agreement the generality of the foregoing, the Parties acknowledge and agree that Exhibit A attached hereto take the form of Service Provider's proposal for the Services, in which case any verbiage set forth on Exhibit may A that conflicts with the provisions of this Agreement or its other Exhibits, or (b) adds any terms, conditions, qualifications, (a) covenants, or agreements beyond the matters that this Agreement specifically contemplates to be addressed on Exhibit A (ie., 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 can be determined and effectuated. Agreement Carteret County Western Park Athletic Field Fencing Replacement and Repairs 24 D. No Waiver. Any failure by either Party to enforce any of the provisions of this or to with any ofi its terms shall in no way affect the validity of this Agreement, or Agreement require compliance deemed a waiver of the right of such Party thereafter to enforce such any part hereof, and shall not be any provision. E. Counterparts. This Agreement may be signed in any number of counterparts, and all such shall constitute one and the same instrument A signed copy of this delivered counterparts together other means of electronic transmission shall be deemed to have the Agreement by facsimile, email, or signed copy of this Agreement. same legal effect as delivery of an original F. Governing Law; Jurisdiction. This Agreement and performance thereof shall be governed, and regulated by the laws of the State of North Carolina without giving effect to its interpreted, construed, laws. Any legal suit, action, or proceeding arising out of or related to this Agreement principles or the regarding conflicts of hereunder shall be instituted exclusively in the courts of North Carolina located in Carteret Services and provided each irevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or County, Party process, summons, notice, or other document by mail to such Party's address set forth herein proceeding. shall be Service of service of process for any suit, action, or other proceeding brought in any such court. To the extent effective applicable law, if any action, suit, or other legal or administrative proceeding is instituted or permitted by Party hereto against the other Party arising out of or related to this Agreement, the commenced by either entitled to recover its reasonable attoreys' fees and court costs from the prevailing Party shall be damages and costs otherwise awarded to the prevailing non-prevailing Party, in addition to any G. Equitable Relief. Each Party acknowledges that a breach Party. by a Party of Section IIL.A.8 or Section VIL.D cause the non-breaching Party irreparable harm, for which an award of damages would not be adequate may compensation and agrees that, in the event of such breach or threatened breach, the entitled to seek equitable relief, including a restraining order, injunctive relief, non-breaching Party will be relief that may be available from any court, in addition to any other remedy to specific which the performance, and any other be entitled at law or in equity. Such remedies shall not be deemed to be exclusive but shall non-breaching be addition Party may other remedies available at law or in equity, subject to any express exclusions or limitations in this in to all the contrary. Agreement to 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 upon any other person any legal or equitable right, benefit, or remedy of any nature whatsoever, under or confer reason of this Agreement. Neither Party may assign, sublet, subcontract, or transfer any interest in this by without the prior written consent of the other Party. Agreement I. Amendments and Waivers. This Agreement may be amended, modified, or supplemented only by an in writing signed by each Party hereto. No waiver by either Party of any of the provisions hereof shall be agreement effective unless explicitly set forth in writing and signed by the Party so waiving. Carteret County Western Park Athletic Field Fencing Replacement and Repairs 25 J. Notices. All notices, requests, consents, claims, demands, waivers, and other communications iny writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation hereunder shall be receipt); or (b) on the third (3rd) day after the date mailed, by certified or registered mail, return receipt of postage prepaid. Such communications must be sent to the respective Parties at the addresses indicated requested, (or at such other address for a Party as shall be specified in a notice given in accordance with this Section below X, J): Iftot 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 K. Disclosure. Service Provider agrees that it shall make no statements, press releases, or page publicity hereof.) releases conceming this Agreement or its subject matter or otherwise disclose or permit to be disclosed other information obtained or furnished in compliance with this any of the data or notifying the County and securing its consent in writing. Service Agreement, Provider also or any particulars, thereof, without first copyright, or patent any of the Deliverables or other work product furnished to agrees the that it shall not publish, Agreement, it being understood that all such Deliverables or other work product is County the exclusive pursuant to this of County. property the 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 by the provisions thereof, and () to a statute means such statute as amended from time to time and includes permitted successor legislation thereto and any regulations promulgated thereunder. This Agreement shall be construed any without regard to any presumption or rule requiring construction or interpretation the an instrument or causing any instrument to be drafted. The Exhibits referred to herein against shall be construed party drafting with, and an integral part of, this Agreement to the same extent as if they were set forth verbatim herein. as 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 of Services is requested by the County in writing, it shall be the responsibility of Service Provider performance to continue to provide the Services in conformity with the Agreement. The County shall, subject to its right to withhold amounts cover damages allegedly caused by Service Provider's breach or default under this Agreement, continue to to Service Provider any undisputed amounts in accordance with this Agreement. For the avoidance of doubt, the pay 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 represents and warrants that he or shei is, on the date he or she signs this Agreement, duly authorized hereby by all necessary and appropriate action to execute this Agreement on behalf of Service Provider and does SO with full legal authority. Carteret County Western Park Athletic Field Fencing Replacement and Repairs 26 F a 3072243 E E Carteret County Western Park Athletic Field Fencing Replacement and Repairs 27 IN WITNESS WHEREOF, this Agreement is entered into by the Parties as of the Effective Date. The County of Carteret By: Name: Title: Preaudit Certificate This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Dee Meshaw, Deputy County Manager Service Provider: If Service Provider is an entity: IfService Provider is an individual: [LEGAL NAME OF SERVICE PROVIDER] By: Signature Name: Print name: [LEGAL NAME OF SERVICE PROVIDER] Title: Service Provider's address for notices: Attn.: 28 Carteret County Western Park Athletic Field Fencing Replacement and Repairs CERTIFICATION OF ELIGIBILITY Under the Iran Divestment Act Pursuant to G.S. 143C-6A-6, any person identified as engaging in investment activities in Iran, determined by appearing on the Final Divestment List created by the State Treasurer pursuant to G.S. 143C-6A-4, is ineligible to contract with the State of North Carolina or any political subdivision of the State. The Iran Divestment Act of 2015, G.S. 143C-6A-1 et seq. requires that each vendor, prior to contracting with the State certify, and the undersigned on behalf of the Vendor does hereby certify, to the following: 1. that the vendor is not identified on the Final Divestment List of entities that the State Treasurer has determined engages in investment activities in Iran; 2. that the vendor shall not utilize on any contract with the State agency any subcontractor that is identified on the Final Divestment List; and 3. that the undersigned is authorized by the Vendor to make this Certification. Vendor: Pinpoint Fence By: 5/19/2025 Signature Date Andrew Wolstenholm Sales Manager Printed Name Title The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the address eactessurercomlan and will be updated every 180 days. For questions about the Department of State Treasurer's Iran Divestment Policy, please contact Meryl Murtagh at Mery.Murtogh@nctreasurer.com or (919) 814-3852. Proposal (My) Pinpoint Fence 121 E Henry St PINPOINT Belmont, NC 28012 FENCE 704-862-8952 Contact: Job Location: Estimate Info: Baseball Fields 275 NC-58 Date: 05/19/2025 Ray Farnum Cape Carteret, NC 28584 Estimate: Carteret 275 NC-58 County Government (Ray Farnum) Cape Carteret, NC 28584 Rep: Andrew Wolstenholn (252) 241-6913 Job #89 Rayhmumsanmsauryegw Proposal Total Footage 1274.4 feet of 4' Commercial Grade, 141 Sections. 2 Double Gates, 7 Terminal Posts, 133 Line 4 Gate Posts. Footage 503 feet of 120" GALV 9 GA - 2" MESH GAW 1.2 OZ CLASSI IKK CHAINLINK FABRIC, 65 Sections. 9 Posts, Single Gates, 10 Terminal Total Posts, 54 Line Posts, 18 Gate Posts. Total Footage: 259.5 feet of 18' high backstops Field # Field #1 Field #2 Field #3 Field #4 Tennis Court Material $17,467.65 $14,951.74 $12,552.58 $21,056.95 $1,307.89 Labor $11,375.91 $9,735.50 $8,173.71 $13,408.21 $1,152.36 Tax $2,170.63 $1,858.00 $1,559.94 $2,607.10 $172.22 Grand Total $31,014.19 $26,545.24 $22,286.23 $37,075.26 $2,632.47 Cancellation Policy You are welcome to cancel with contract within 3 business days of signing. Please reference our cancellation policy for more details. Grand Total $119,550.39 Amount Due $119,550.39 - understand and agree with the enclosed contract. Customer Name Date Company Name Date Powered By CDEENCE Page 1 Docusign Envelope ID: ROPDIXCAGFAGBMERNA 358 Form W-9 Request for Taxpayer (Rev. March 2024) Identification Number and Certification Give form to the Department oft the Treasury requester. Do not Intomal Revenue Service Go to www.nagovFormwe for instructions and the latest information. send to the IRS. Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. 1 Name of fentitylndivdual An entry is required. (For a sole proprietor or disregarded entity, enter the owner's name on line 1, entity's name on line2.) and entert the businesvdisregerded Pinpoint Fence LLC 2 Business name/disregarded entity name, ifdifferent from above. a 3e Check the appropriate box forf federal tax classification of the entity/ndividual whose name is entered 1. à only one of the following seven boxes. on line Check 4 Exemptions (codes apply only to certain entities, not individuals; de Individual/sole proprietor Coorporation Scorporation Partnership Trust/estate see instructions on page 3): LLC. Enter thet tax classification (C. = C corporation, S S corporation, P Partnership) S Exempt payee code (f à ciasalfication Note: Check the oft thel "LLC" box above and, Ini the entry space, enter the appropriate code (C, S. or P)for the tax any) dy box for the tax classitication LC, unlessi of its iti isa owner. disregarded entity. A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax E Other (see instructions) Compliance Act (FATCA) reporting code (if any) € 3b lfon line 3ay you checked "Partnership" or "Trust/estate," or checked" "LLC" ande entered "P" as itst tax & and this box you are providing this form to a partnership, trust, or estate in which you have an ownership Interest, classification, check (Applies to accounts maintained ifyour have anyf foreign partners, owners, or beneficiaries. See Instructions outside the United States.) 8 5 Address (number, street, and apt. or suite no.). See instructions. Requester's name and address (optional 121 EH Henry st Cty, state, and ZIP oode Belmont, NC 28012 7 List account numberts) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN int the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part 1, later. For other entities, iti is your employer identification number (EIN). Hfyou do not have a number, see How to gete a TIN, later. or Employer Identification number Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter. 9 9 = 3 3 8 9 8 8 0 Partil Certification Under penalties of perjury, certify that: 1.1 The number shown on this form is my correct taxpayer identification number (or am walting for a number to be issued to me); and 2.lam not subject to backup withholding because (allam exempt from backup withholding, or (b)lhave not been notified by the Intemal Revenue Service (RS) that! am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notfied me that no longer subject to backup withholding: and lam 3.lam a U.S. citizen or other U.S. person (defined below); and 4.1 The FATCA code(s) entered on this form (f any) indicating that am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 abovei Ify you have been notified by the IRS that you are currently subject to backup because you have failed to report all interest and dividends on yourt tax retur. For real estatet transactions, item 2 does not apply. For withholding interest paid, acquisition or abandonment ofs secured property, cancellation of debt, contributions to an individual retirement arrangement (RAI. mortgage othert than interest and diyidends. vayare notr required to sign the certification, but your must providey your correct TIN. See the instructionsf and, generally, for Partil, payments later. Sign Signsture of Here Us. person Hamisow Jolunsow Date 1/8/2025 0A80112BDEVE General Instructions New line 3b has been added to this form. A fiow-through entity is required to complete this line to indicate that it has direct Section references are to the Internal Revenue Code unless otherwise foreign partners, owners, or beneficiaries when it or the indirect Form W-9 noted. to another flow-through entity in which it has an ownership provides interest. This Future developments. For the latest information about developments change is intended to provide a flow-through entity with information related to Form W-9 and Its Instructions, such as legisiation enacted regarding the status of its Indirect foreign partners, owners, or after they were published, go to wwin-gowFomws. beneficiaries, so that it can satisty any applicable reporting requirements. For example, a partnership that has indirect foreign What's New partners may be required to complete Schedules y and K-3. Seet the Line 3a has been modified to clarify how a disregarded entity completes Partnershipi Instructions for Schedules K-2 and K-3 (Form 1065). this line. An LLCI that is a disregarded entity should check the Purpose of Form appropriate box for the tax classification of its owner. Otherwise, it should checkt the "LLC" box and enter Its appropriate tax classification. An individual or entity (Form W-9 requester) who is required to file an information retum with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024) ACORb CERTIFICATE OF LIABILITY THIS CERTIFICATE IS ISSUED AS A MATTER OF INSURANCE DATE MMDDM CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY INFORMATION ONLY AND CONFERS NO RIGHTS UPON 5/19/25 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE THE CERTIFICATE HOLDER. THIS REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE CONSTITUTE A CONTRACT BETWEEN THE ISSUING AFFORDED BY THE POLICIES IMPORTANT: If the certificate holder is an HOLDER. INSURER(S), AUTHORIZED endorsed. If SUBROGATION IS WAIVED, subject ADDITIONAL to the INSURED, the policy(ies) must have ADDITIONAL statement on this certificate does not confer rights to the terms and conditions of the policy, certain INSURED provisions or be PRODUCER JJ2147 certificate holder in lieu of suche endorsementts). policies may require an endorsement. A BROOKS INSURANCE AGENCY LLC COMYACT 607 WTRADEST AGEE HON DALLAS, NC 28034 ADDRESS: TL INSURERISIA AFFORDING INSURED INSURERA A: Fric Insurance COVERAGE NAIC: PINPOINT FENCE LLC INSURER B: Frie Insurance Company 26263 PO BOX 1254 INSURERO Property & Casualty Company 26830 C: Erie Insurance KINGS MOUNTAIN,NC 28086 INSURERE D: Erie Insurance Exchange Company of New York 26271 INSURER E: : Flagship City Insurance Company 16233 COVERAGES INSURERF: 35585 THIS IS TO CERTIFY THAT THE POLICIES CERTIFICATE OF NUMBER: NIA INDICATED. NOTWWITHSTANDING ANY INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE REVISION NUMBER: N/A CERTIFICATE MAY BE ISSUED OR MAY REQUIREMENT, PERTAIN, THE TERM OR CONDITION OF ANY CONTRACT OR OTHER INSURED NAMED ABOVE FOR THE POLICY PERIOD EXCLUSIONS AND CONDITIONS OF SUCH INSURANCE AFFORDED BY THE DOCUMENT WITH RESPECT TO WHICH INSR POLICIES. LIMITS SHOWN MAY HAVE BEEN POLICIES DESCRIBED HEREIN IS SUBJECT THIS LTR TYPE OFI INSURANCE TADDLISUBRI REDUCED BY PAID CLAIMS. TO ALL THE TERMS, x COMMERCIAL GENERAL LABILITY INSDWD POLICY NUMBER SE SA LIMITS CLAIMS-MADE OCCUR DAMAGE EACH OCCURRENCE TORENTED $ 1,000,000 A PREMISESEaO occurrence) $ 1,000,000 X Q61 0440579 7/31/24 MEDE EXP (Any one person) s GENL 5,000 AGGREGATE UMIT APPLIES PER: 7/31/25 PERSONAL & ADVI INJURY $ X POLICY PRO. JECT LOC GENERAL AGGREGATE $ 2,000,000 ,000,000 OTHER PRODUCTS- COMPIOPA AGG $ AUTOMOBILE LIABILITY 2,000.000 $ % ANY AUTO SINGLELMIT $ C OWNED accidenn) EVEETS SCHEDULED 1,000,000 AUTOS HIRED ONLY AUTOS X Q11 2431139 BODILY INJURY (Per person) $ AUTOONLY AUTOS NONOWNED ONLY 11/21/24 11/21/25 BODILY INJURY (Per accident $ PROPERIVDAMAGE Pera accdent $ UMBRELLAI LIAB OCCUR $ EXCESSI LIAB CLAIMS-MADE EACH OCCURRENCE $ DED RETENTIONS AGGREGATE $ WORKERS AND EMPLOYERS COMPENSATION LIABILITY $ E ANY OFFICERMEMBERE Ogrcme Y/N X EXCLUDED? TFATUTE TPA Mandatory in NH) NIA Q73 0022830 Ify yes, deserbey under 7/31/24 7/31/25 EL EACHACCIDENT $ 100,000 DESCRIPTIONG OF OPERATIONSD below EL DISEASE -EAE EMPLOYEE $ 100,000 EL DISEASE -POLICY LIMIT s 500,000 DESCRIPTION OF OPERATIONS ILOCATIONS VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) CERTIFICATE HOLDER CANCELLATION CARTERET COUNTY GOVERNMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE 302 COURTHOUSE SQUARE THE EXPIRATION DATE THEREOF, NOTICE WILL CANCELLED BE BEFORE ACCORDANCE WITH THE POLICY PROVISIONS. DELIVERED IN BEAUFORT,NC 28516 AUTHORIZED REPRESENTATIVE Winor RAdams aV ACORD 25 (2016/03) The ACORD name and 01 1988-2015 ACORD CORPORATION. All rights reserved. logo are registered marks of ACORD ACORDs provided by Forms Boss. www.FomsBoss.com: (c) Impressive Publishing 800-208-1977 IV. Consent Agenda 8. Approval of the G.A. Jones Construction Bid to Replace the Eastern Park Dugout Roof, $41,800 Carteret County Public Buildings Aaron Elms 5231 Business Drive Public Buildings Manager Newport, NC 28570 AmaindarrueeN CARO Bus 252-646-7878 Aaron Elms 5231 Business Dr. Public Buildings Director Newport, NC 28570 Phone (252) 648-7877 MEMORANDUM DATE: 5/29/25 TO: Board of Commissioners CC: Sharon D. Griffin, County Attorney/ County Manager FROM: RE: Award of Eastern Park Dugout Roof Replacement Carteret County Public Building has recently requested bids for replacing the Eastern Park Dugout roof The low bid was received for this project was from G.A. Jones Construction at $41,800.00 Public Buildings would like to recommend approval of this bid. Carteret County Courthouse 0302 Courthouse Square e Beaufort, North Carolina 28516 I CC 2217 E CARO Request for Proposal Carteret County Government Eastern Park Dugout Roof Replacement Carteret County, North Carolina Issued: May 05, 2025 Submission Deadline: May 20, 2025 by 9:00 AM, EST. Carteret County Government Eastern Park Dugout Roof Replacement CARTERET COUNTY PUBLIC BUILDINGS Phone: 252-648-7877 REQUEST FOR PROPOSAL Date: 05/05/2025 To: Interested Contractors Project Name: Eastern Park Dugout Roof Replacement Scope of Work: Carteret County Government is soliciting competitive proposals to replace eight (8) dugout roofs at Eastern Park located at 101-, 299 Hill Rd, Smyrna, NC 28579. The Contractor shall abide by the details and shall refer to the associated pictures in addition to the scope ofwork specified within the documents provided below. The Contractor shall safely remove and dispose of eight (8) shingle dugout roofs, including sheathing, shingles, and framing (if necessary) as shown in the diagram below. Each dugout measures approximately 10'2" X 23'5". The Contractor shall replace all wood and hardware necessary to install a new standing seam .032 aluminum roofing system with a Kynar 500 paint finish (or equivalent) for all eight (8) dugouts. Necessary trim, edge metal, and flashing shall be installed to match. New roofing color is preferred to be dark green. Contractors shall submit color options with their proposal. All fasteners and other related hardware shall be stainless steel. All new wood shall be pressure-treated. All new material shall be installed in accordance with the manufacturer's recommendations. The Contractor shall verify all measurements and material quantities. All associated debris shall be cleaned and disposed off-site after each work day. Work shall be schedule with the County POC. Any damages caused by the Contractor shall be the Contractor': s responsibility to fix or replace at the County's discretion. The Contractor may be requested to enter into a Contract following the Terms and Conditions below. Signature pages will be issued to the awarded Contractor. The Contractor shall obtain the required permits, if required, give all notices to the POC (including a copy ofany permits), and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work. Permits shall be posted onsite at project location. No time extensions shall be granted or financial consideration given to the Contractor for time or monies lost due to violations of any such ordinance, code, law or regulations that may occur. Carteret County Government Eastern Park Dugout Roof Replacement 2 Primary Point of Contact: Mr. Ray Farnum Phone: 252-241-6913 Email: Rav-farmum@carteretcountyne.goy Due Date: 05/20/2025 by 9:00 AM, EST. Contractors shall provide their W-9 as well as current Certificates dfI Insurance for public liability, property damage, and Workers' Compensation. Certificates ofl Insurance shall have "Carteret County Govemment, 302 Courthouse Square, Beaufort, NC: 28516"1 listed as additionally insured, with proposal submission. The Contractor shall unconditionally guarantee materials and workmanship against patent defects arising from faulty materials, faulty workmanship or negligencef for a period of twelve (12): months following the final acceptance of the work and shall replaces such defective materials or workmanship without costt to the owner. Payment willl be made in one lump sum within thirty (30) consecutive days after acceptance ofthey work and the submission both ofnotarized contractor's affidavit and four copies of invoices, which are toi includet the contract, account andj job order numbers, if applicable. Please provide your proposal with break outs for labor, materials and tax, if applicable. Failure to abide by the conditions within may result as an incomplete proposal. Proposals may be submitted by email to EDmESTPERREET or dropped off at the General Services Operations Facility, 5231 Business Drive, Newport, NC 28570. (20.33A) 0301 Carteret County Government Eastern Park Dugout Roof Replacement 3 GENERAL CONDITIONS GENERAL a) It is understood and agreed that by submitting a bid that the Contractor has examined these contract documents, drawings and specifications and has visited the site of the Work, and has satisfied himself rela- tive to the Work to be performed. MATERIALS, EQUIPMENT AND EMPLOYEES a) The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, fuel, sanitary facilities and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied there from, all in accordance with the contract documents. b) All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications. c) No changes shall be made in the Work except upon written approval and change order by Director, Carteret County General Services. d) Products are generally specified by ASTM or other reference standard and/or by manufacturer's name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed. e) However, the contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired; and that equivalent products will be acceptable. Substitution of materials, items or equipment of equal or equivalent design shall be submitted to the architect or engineer for approval or disapproval; such approval or disapproval shall be made by the architect or engineer prior to the opening of bids. f) If at any time during the construction and completion of the work covered by these contract documents, the conduct of any worker of the various crafts be adjudged a nuisance to the Owner or if any worker be considered detrimental to the work, the Contractor shall order such parties removed immediately from the site. g) The contractor shall designate a foreman/superintendent who shall direct the work. CODES, PERMITS AND INSPECTIONS a) The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Designer in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the Owner, he shall bear all cost arising from non-compliance with requirements. Carteret County Government Eastern Park Dugout Roof Replacement b) All work under this contract shall conform to the current North Carolina Building Code and other state and national codes as are applicable. SAFETY REQUIREMENTS a) The Contractor shall be solely responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He shall be responsible for any damage to the Owner's property or that of others on thej job, by himself, his personnel or his subcontractors, and shall make good such damages. He shall be responsible for and pay for any claims against the Owner arising from such damages. b) The Contractor shall adhere to the rules, regulations and interpretations of the North Carolina Department of Labor relating to Occupational Safety and Health Standards for the Construction Industry (Title 29, Code of Federal Regulations, Part 1926 published in Volume 39, Number 122, Part 11, June 24, 1974 Federal Register), and revisions thereto as adopted by General Statutes of North Carolina 95-126 through 155. c) The Contractor shall provide all necessary safety measures for the protection of all persons on the work, including the requirements of the AGC Accident Prevention Manual in Construction as amended, and shall fully comply with all state laws or regulations and North Carolina Building Code requirements to prevent accident or injury to persons on or about the location of the work. He shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. TAXES a) Carteret County is not exempt from North Carolina State Sales and Use Taxes on labor, material and equipment to be incorporated in the Work. Said taxes shall be included in invoices submitted by Contractor. Contractor in submitting his invoices shall break out all sales taxes as a separate item and County where purchase was made. EQUAL OPPORTUNITY a) The non-discrimination clause contained in Section 202 (Federal) Executive Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations prescribed by the Secretary of Labor, are incorporated herein. b) The Contractors agree not to discriminate against any employees or applicant for employment because of physiçal or mental handicap about any position for which the employees or applicant is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices. INSURANCE (a) To the fullest extent permitted by laws and regulations, Contractor shall indemnify and hold harmless the County and its officials, agents, and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including but not limited to fees and charges of engineers or architects, attorneys, and other professionals and costs related to court action or arbitration) arising out of or resulting from Contractor' s performance of this Contract or the actions of the Contractor or its officials, employees, or contractors under this Contract or under contracts entered into by the Contractor in connection with this Contract. This indemnification shall survive the termination of this Contract. Carteret County Government Eastern Park Dugout Roof Replacement (b) In addition, Contractor shall comply with the North Carolina Workers' Compensation Act and shall provide for the payment of workers' compensation to its employees in the manner and to the extent required by such Act. Additionally, Contractor shall maintain, at its expense, the following minimum insurance coverage: $1,000,000 per occurrence /$2,000,000 aggregate-Bodily Injury Liability, and $100,000 - Property Damage Liability or 1,000,000 per occurrence /$2,000,000 aggregate-Combined Single Limit Bodily Injury and Property Damage. (c) The Contractor upon execution ofthis Contract shall furnish to the County a Certificate of Insurance reflecting the minimum limits stated above. The Certificate shall provide for thirty-(30) days advance written notice in the event of a decrease, termination or cancellation of coverage. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. All such insurance shall meet all laws of the State ofl North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Contract. The limits of coverage under each insurance policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. INVOICE FOR PAYMENT a) Payment will be made in one lump sum within thirty (30) consecutive days after acceptance of the work and the submission both of notarized contractor's affidavit and four copies of invoices, which are to include the contract, account and job order numbers. b) Each invoice shall note the amount of Sales Tax paid by the Contractor, contain release of lien from subcontractors and vendors for prior invoices paid, and contain a notarized contractor's affidavit. The Contractor's affidavit shall state, "This is to certify that all costs of materials, equipment, labor, and all else entering into the accomplishment of this contract, including payrolls, have been paid in full." d) Executed contract documents, insurançe certifiçations and, upon completion and acceptance of the work, invoices and other information requested are to be sent to: Mr. Ray Farnum Project Coordinator 5231 Business Drive, Newport, NC 28570 Email: Bahmedsnsssst Telephone: 252-241-6913 e) It is imperative that contract documents, invoices, etc., be sent only to the above address in order to assure proper and timely delivery and handling. Carteret County Government Easter Park Dugout Roof Replacement CLEANING UP a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do sO by Carteret County. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the sites, and completely prepare the project and site for use by Carteret County. GUARANTEE a) The Contractor shall unconditionally guarantee materials and workmanship against patent defects arising from faulty materials, faulty workmanship or negligence for a period of twelve (12) months following the final acceptance of the work and shall replace such defective materials or workmanship without cost to the owner. b) Where items of equipment or material carry a manufacturer's warranty for any period in excess of twelve (12) months, then the manufacturer's warranty shall apply for that particular piece of equipment or material. The Contractor shall replace such defective equipment or materials, without cost to the owner, within the manufacturer's warranty period. c) Additionally, the owner may bring an action for latent defects caused by the negligence of the contractor, which is hidden or not readily apparent to the owner at the time of beneficial occupancy or final acceptance, whichever occurred first, in accordance with applicable law. CONTRACTOR-SUBCONTRACTOR RELATIONSHIPS The Contractor agrees that the terms of these contract documents shall apply equally to a subcontractor as to the Contractor, and that the subcontractor is bound by those terms as an employee of the Contractor. Carteret County Government Eastern Park Dugout Roof Replacement 7 SUPPLEMENTARY GENERAL CONDITIONS TIME OF COMPLETION The Contractor shall commence work to be under this Contract on an agreed upon project schedule between the County and Contractor, to be specified in written order from the County and or shall fully complete all work hereunder within (60) consecutive calendar days from the Notice to Proceed for the base bid contract. For each day in excess of the above number of days, the Contractor shall pay the Owner the amount of One Hundred Dollars ($100) as liquidated damages reasonably estimated in advance to cover the losses to be incurred by the Owner should the Contractor fail to complete the Work within the time specified. Ifthe Contractor is delayed at any time in the progress of his work by any act or negligence ofthe Owner, his employees or his separate contractor, by changes ordered in the work; by abnormal weather conditions; by any causes beyond the Contractor's control or by other causes deemed justifiable by Owner, then the contract time may be reasonably extended in a written order from the Owner upon written request from the contractor within ten days following the cause for delay. UTILITIES Temporary utilities services are furnished at contractor' s expense unless otherwise noted. (i.e.; power, water, sewer, steam, telephones, portable toilets, trash containers, etc.) INSTRUCTIONS FOR WORKING ON COUNTY PROPERTY a) Parking & Traffic Construction that will block facility traffic flow/close street requires one-week written notice to the Public Building Manager. b) Decorum - It is illegal for any person to have firearms, alcoholic beverages, drugs (except those prescribed by a physician) on County property. Violators will be reported to local law enforcement. Behavior Indecent language, harassing "cat" calls or whistles, etc., will not be tolerated. Violators will be removed from county property immediately; questions will be asked later. Proper dress is required, long pants and shirts will be worn at all times. Loud music is not permitted. d) Use of Building Contractor personnel are not permitted to use Buildings/Facilities for restrooms, eating, or leisure activity. Unless prior approval is granted by County Representative. e) Locate for Utilities - When digging or trenching on or adjacent to County property, a 48-hour notice is required to locate existing underground utilities. Contractor must contact the Public Works Department (252-648-7878) as well as the NC One Call Center (1-800-632-4949) for public utilities. f) Disruption ofUtilities - When any underground utilities or unusual conditions are damaged or encountered, contact the Public Works Department (252-648-7878) immediately. The Public Works Department will investigate and advise as needed. Contractor must have personnel available to effect immediate repair. If damage occurred due to failure of the County to properly locate utilities, the contractor will be reimbursed. Planned Outages Outages needed to allow contractor to complete or perform work, must be scheduled with the Public Buildings Department (252-648-7877). One-week written notice is required for all outages. h) Access to Buildings Access to perform work in a building after normal working hours (8:00 a.m. to 5:00 p.m. Monday - Friday) must be coordinated through the Public Buildings Department with 24 hours in advance. Exterior work performed after normal working hours should also be reported to the Public Works Department 24 hours in advance. Carteret County Government Eastern Park Dugout Roof Replacement MINORITY BUSINESS PARTICIPATION a) It is the intent of the County to encourage Contractors in making every effort to utilize Minority Business Enterprises for subcontracted work. The County has established efforts to record participation of such Enterprises by the attached "Appendix E - MBE DOCUMENTATION FOR CONTRACT PAYMENTS". The Contractor shall include the attached Appendix E with each pay application. b) Bidders can use the Office for Historically Underutilized Business website htp/www.doa.statene.usydoahub to locate HUB contractors. c) Nothing in these guidelines shall be construed to require contractors or awarding authorities to award contracts or subcontracts to or to make purchases of materials or equipment from minority-business contractors or minority-business subcontractors who do not submit the lowest responsible, responsive bid or bids. E-VERIFY EMPLOYER COMPLIANCE The contractor represents and covenants that the contractor and its subcontractors comply with the requirement of Article 2 of Chapter 64 ofthe North Carolina General Statutes (NCGS). In this E-Verify Compliance section, "contractor" "its subcontractors" and "comply" shall have the meanings intended by NCGS 153A-499 (b). The County is relying on this section in entering into this contract. The parties agree to this section only to the extent authorized by law. Ifthis section is held to be unenforceable or invalid in whole or in part, it shall be deemed amended to the extent neçessary to make this contract comply with NCGS 153A-499 (b). SUPERINTENDENT The Contractor shall employ a competent superintendent who shall represent the Contractor and have the authority to make field decisions necessary for performing the work. Competency must be demonstrated by performing high quality construction work on time according to Contractor' 's approved schedule. County reserves the right to require replacement of the superintendent by Contractor without explanation from the County. INDEMNIFICATION The Contractor will indemnify and hold the County harmless from any and all liability, expense,judgment, suit, or cause of action for personal injury, death, or direct damage to tangible property which may accrue against the County to the extent it is caused by the negligence of Contractor, or its Sub-Contractors, or their employees or agents, while performing duties under this Agreement, provided that the County gives the Contractor prompt, written notice of any such claim or suit. TERMINATION Carteret County Government shall have the right to terminate this contract immediately by written notice to the Contractor if the Contractor fails to execute the services promptly and to Carteret County Governments satisfaction, or fails to perform any obligation imposed by any provisions of this Contract. In the event of termination for default, Carteret County Government has against the Contractor all remedies provided by law and equity. Carteret County Government Eastern Park Dugout Roof Replacement 9 PERFORMANCE AND PAYMENT BONDS A Performance Bond is not required. AF Payment Bond is not required. PRE-CONSTRUCTION CONFERENCE The owner may require a pre-construction conference to review project with contractor. Date will be set after award of contract. PROJECT SCHEDULE The owner may require a project schedule to show dates for planned work phases and completion date. SUMMARY OF PAPERWORK Prior to Award 1 - Submit Certificate of Insurance for liability and Worker' 's Compensation. 2 - Submit Iran Divestment Act Certification. 3 - Submit breakdown of materials, labor and tax on a company letterhead. After Award 1 - Submit Project Schedule 2 - Submit completed Sales Tax Summary and Detail forms, state "None" if applicable. Final Payment 1 - Submit invoice only after work is complete. 2 - Submit completed Sales Tax Summary and Detail forms, state "None" if applicable. 3 - Submit Contractor's Warranty Letter, state date ofacceptance agreed with owner. 3 - Submit Contractor' s Affidavit Letter. Carteret County Government Eastern Park Dugout Roof Replacement 1( IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY N.C.G.S. 147-86.59 As of the date listed below, the vendor or bidder listed above is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 147-86.58. The undersigned hereby certifies that he or she is authorized by the vendor or bidder listed above to make the foregoing statement. 5-20-25 Signaturà Date Gul A JONES Geier Printed Name Title Notes to persons signing this form: N.C.G.S. 147-86.59(a) requires this certification for bids or contracts with the State of North Carolina, a North Carolina local government, or any other political subdivision of the State of North Carolina. The certification is required at the following times: When a bid is submitted When a contract is entered into (ifthe certification was not already made when the vendor made its bid) When a contract is renewed or assigned N.C.G.S. 147-86.59(b) requires that contractors with the State, a North Carolina local government, or any other political subdivision ofthe State ofNorth Carolina must not utilize any subcontractor found on the State Treasurer's Final Divestment List. The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the address MwXARStaswrEsom.len and will be updated every 180 days. Carteret County Government Eastern Park Dugout Roof Replacement 11 PROJECT TITLE: Month/D Date /Year SUBCONTRACTOR: DESCRIPTION OF WORK: FEDERAL ID #: NC CONTRACTOR LISCENSE #: STREET ADDRESS: CITY, STATE, ZIP: EMAIL ADDRESS: FIELD CONTACT AND CELL #: SUBCONTRACTOR: DESCRIPTION OF WORK: FEDERAL ID #: NC CONTRACTOR LISCENSE #: STREET ADDRESS: CITY, STATE, ZIP: EMAIL ADDRESS: FIELD CONTACT AND CELL #: Carteret County Government Eastern Park Dugout Roof Replacement 12 PROPOSAL AND CONTRACT Carteret County Government Eastern Park Dugout Roof Replacement The undersigned, as bidder, proposes and agrees ifthis proposal is accepted to contract with Carteret County for the furnishing ofall materials, equipment, labor and tax necessary to complete the Carteret County Eastern Park Dugout Roof Replacement described in these documents in full and complete accordance with requirements, specifications, and contract documents, and to the full and entire satisfaction of Carteret County for the sum of: $41,800.00 Contractor: G.A Jones Construction A Federal ID#: 56-/763782 By; Witness: Title: GRenolwi (Owner, partner, corp. Pres. or Vice President) Address: Po BOx1S27,HW Attest: (corporation) Email Address: GAJONESHAC e GMAi.Cow (Corporhte Seal) By: License #:29990 Title: TRdidesy Copontionsertay/Ast Secretary.) Carteret County Government Eastern Park' Dugout Roof Replacement 13 IN 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 (Seal) GABaes bs Contractor LP Authorized Representative (Seal) GeHid JoNeS Printed Name GRUENT 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 Sharon Griffin County Manager/County Attorney NORTH CAROLINA COUNTY OF CARTERET GOVERNMENT I, aN Notary Public oft the State and County aforesaid certify that Sharon Griffin acknowledged that she is the Interim County Manager of County of Carteret, and that authority duly given as the act of the Board signed the foregoing instrument signed in its name by the Interim County Manager, sealed with its corporate seal. WITNESS my hand and official seal, this day of 2025 Notary Public My Commission expires: Carteret County Government Eastern Park Dugout Roof Replacement 14 R AMENDMENT NUMBER 1 TO THIS BID DOCUMENTS Amendment Date: May 7, 2025 Eastern Park Dugout Roof Replacement A. This Amendment shall be considered part of the bid document 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. It will be construed that each bidder's proposal is submitted with full knowledge of all modifications and supplemental data specified herein. Service Agreement (listed below) Exceptions to the Sample Service Agreement. Attached is a sample Service Agreement that describes the Countys terms and conditions. The successful firm will be required to enter into a Service Agreement. exceptions to the terms and conditions of the Agreement must be documented and submitted in this Section. Any In addition, any additional language, terms or conditions must be submitted in this section. BIDDER MUST ACKNOWLEDGE THIS AMENDMENTBY SIGNING BELOW AND ATTACHING THE SIGNED AMENDMENT TO THE BID FORM: Company Name GAJoues hur Contact Person Jaer Jowes Signature Date 5-30-23 Ashley Bennett, Purchasing Agent Carteret County Government SAMPLE ONLY - do not fill in AGREEMENT FOR SERVICES THIS AGREEMENT FOR SERVICES ("Agreement") is made this Jof[ J, 2025 (the "Effective Date"), by and between the County of Carteret, a North Carolina municipal corporation (the "County), and [SERVICE PROVIDER), a(n) [STATE OF SERVICE PROVIDER'S NCOAPOAATONORGAEATON [SERVICE PROVIDER'S TYPE OF BUSINESS ENTITY]2 ("Service Provider). The County and Service Provider are at times collectively referred to hereinafter as the "Parties" ori 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 and 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 II. PROVISION OF THE SERVICES 1E.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"). 2E.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 thet type of entity-ie., "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 of the State of [SERVIÇE PROVIDER'S STATE OF RESIDENCEI. A. Provision 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 C. Additional Services- Any work required by the County but which goes beyond the scope of the services will be classified as "Additional Services. a Additional Services will be negotiated on an individual project basis and, ifsuch negotiations are successful, will be governed by an amendment to this Agreement or a new separated agreement between the Parties. SECTION III. 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, ifany, set forth on Exhibit A. If no such schedule is set forth on Exhibit A, the Services shall be provided within a reasonable time established byt the County. Service Provider agrees to provide progress reports regarding its performance of the Services in at 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 oft 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. Itshall 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. Int 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 world in and to the Deliverables, including all intellectual property rights therein. Service Provider shall cause its Personnel to irrevoçably 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, ini 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 it 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 a 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 oft 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 concers 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 lock 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 shall 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 andi 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 ofs said action. All insurance poliçies 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 hold 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, costs, 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 or 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 fais 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 VIIB, Service Provider shall be paid for the portion of Services satisfactorily performed through the effective time of such termination. C. Post-Termination Obligations. Upon any termination effected pursuant to this Section VI, 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 Çounty 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 VILE and Section I.B, Section ILA.8, Section V, Section VI, Section VILC, Section VIL.D, Section VII, and Section X, and any right or obligation of the Parties in this Agreement which, by its nature, should survive termination or expiration of 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 2of 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 2of Chapter 64 of the North Carolina General Statutes. Service Provider's breach of its representations, warranties, and/or covenants in this Section VIILA 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 the 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. its shall perform the Services using personnel of required skill, experience, and qualifications and in aj 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 Information to any third party without the prior written consent of the County; provided, however, that Service Provider may disclose 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, aj protective order or other remedy; and (y) reasonable assistance, at the County's sole cost and expense, in opposing such disclosure 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 suchi 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 criminal 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 Exhibit 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 andlor the Project. These meetings will not be required unless problems arise that cannot be resolved during the Parties' regular meetings. Such additional meetings, ifr 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 oft 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 (ie., 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 of 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 ini 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, if 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 toi 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 IILA.8 or Section VIII.D may cause the non-breaching Party irreparable harm, for which an award of damages would not be adequate compensation and agrees that, ini the event of such breach or threatened breach, the non- breaching Party will be entitled 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 al Party as shall be specified in a notice given in accordance with this Section X, J): Iftot 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. Interpretation. For purposes of this Agreement, (a) the words "include," "includes," and "including" shall be deemed to be followed by the words "without limitation"; () 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. Thel 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. B 3472733 E E IN WITNESS WHEREOF, this Agreement is entered into by the Parties as of the Effective Date. The County of Carteret By: Name: Title: Preaudit Certificate This instrument has been pre-audited int the manner required by the Local Government Budget and Fiscal Control Act. Dee Meshaw, Deputy County Manager Service Provider: If Service Provider is an entity: IfService Provider is an individual: [LEGAL NAME OF SERVICE PROVIDER) By: Signature Name: Print name: [LEGAL NAME OF SERVICE PROVIDER] Title: Service Provider's address for notices: Attn.: CARTERET COUNTY GOVERNMENT Phone: 252-648-7877 CAR9 Eastern Park Dugout Roofs Bid Tab Bid closing date: May 20, 2025 @ 9:00 AM EST. Base Bid Company Curtis Construction $88,000.00 $57,746.00 Murray Roofing Maddox Metal Roofing $44,320.00 Wayne Roofing $43,000.00 G.A Jones Construction $41,800.00 Mailing: 5231 Business Drive Newport, NC 28570 Location: 5231 Business Drive Newport, NC 28570 BJ & Associates, Inc. GAÇIES Construction 1509 Bridges Street NC Building License # 29990 Telephone (252) 726-3318 P.0. Box 1527 Fax (252) 726-1845 Morehead Gity, NC28557 emoil; geipnesmh@gmoil.om - Proposal - Carteret County Public Buildings May 20, 2025 5231 Business Drive Newport, NC 28570 Job Description: Dugouts roof replacements POC; Ray Farnum 252-241-6913 Job Location: Eastern Park, Smyrna Ray.famum@areretcountync.goxr Description of Work: We hereby propose to provide the supervision, labor, and materials necessary for the replacement of the cight (8) dugout roofs located at Eastern Park, 101-299 Hill Road, Smyrna, NC 28579 as outlined in the "Request for Proposals' ", project name; Eastern Park Dugout Roof Replacement, dated 05/05/2025 to include but not limited to; Building permit Removal of all shingles, flashings and plywood sheathing. Installation of new % CDX pressure treated plywood sheathing with stainless steel nails. Installation of synthetic felt underlayment Installation of a .032 aluminum standing seam roof system (owner choice of color) Clean up and haul away all related debris. Materials and Labor.. .$41,800.00 *NOTE; any rotted framing repairs/replacement will constitute a change order and will be replaced at an additional cost. This proposal, together with the terms and conditions printed on the back hercof and which are expressly made ap part of this proposal and agreed to, when approved and signed by an authorized representative of G.A.J Jones Construction and accepted by the Owner or representative ofthe Owner shall constitute exclusively and entirely the Contract between the parties. We propose to furnish material & labor in accordance with the above specifications for the sum of: ***FORTY ONE THOUSAND EIGHT HUNDRED DOLLARS & 00/100*** MASTERCARD AND VISA ACCEPTED 5% CONVENIENCE FEE Authorized Signature Note: This proposal may be withdrawn by us ifnot accepted within 30 days. Jerk Jones Acceptance of Proposal: Signature Date IV. Consent Agenda 9. Approval of the Davies Contracting Bid to Replace the Canopy at the Health Department, $79,670.59 Carteret County Public Buildings E Aaron Elms 5231 Business Drive Public Buildings Manager Newport, NC 28570 Amadarouysee" CARO Bus :252-646-7878 MEMORANDUM DATE: 5/29/25 TO: Board of Commissioners CC: Sharon D. Griffin, County Attorney/ County Manager FROM: Aaron Elms, Public Buildings Manager RE: Award ofHealth Department Canopy Replacement Carteret County Public Building has recently requested bids for replacement of the canopy at the Carteret County Health Department. The low bid was received for this project was from Davies Contracting at $79,670.59. Public Buildings would like to recommend approval of this bid. Carteret County Courthouse 302 Courthouse Square e Beaufort, North Carolina 28516 - I - CO 2217 6 CARO Request for Proposal Carteret County Government Health Department Canopy Replacement Corteret County, North Carolino Issued: April 29, 2025 Submission Deadline: May 14, 2025 by 9:00 AM, EST. Carteret County Govemment Health Department Canopy Replacement RFP 1 CARTERET COUNTY PUBLIC BUILDINGS Phone: 252-648-7877 RO REQUEST FOR PROPOSAL Date: 04/29/2025 To: Interested Contractors Project Name: Health Department Canopy Replacement Scope of Work: Carteret County Government is seeking competitive proposals for the removal and replacement ofthe entire lower elevated canopy section and redirect gutter discharge from the backside of the Health Department located at 3820 Bridges Street, Morehead City, NC 28557. The Contractor shall abide by the details and shall refer to the diagrams and associated pictures in addition to the scope of work specified within the documents provided below. General Scope of Work Work shall consist of removing the entire lower elevated canopy section, which is currently supported by steel post and I-beams that extend into the existing exterior wall. I-beams shall be cut or torched flush with the exterior face, and all gaps, cracks, and holes shall be patched using like building materials. Necessary paint touchups shall be applied to blend with the existing color(s). The shared support post for the lower and higher canopy shall be replaced with a new steel post, securely fastened to the higher canopy. Post shall be primed and painted with appropriate paint to match existing "beige" color. A new engineered wood-built canopy shall be constructed matching the existing footprint, meeting or exceeding current building codes. LVLs shall be used to reduce the number of post and to maximize span length. If required, existing concrete shall be cut and patched to accommodate new footings. All associated stamped engineering drawings and related cost shall be the responsibility of the Contractor. The ceiling of the new canopy shall be enclosed and finished with vented white vinyl soffit, along with the necessary channels and supports. All exposed hardware shall be stainless steel. All new wood shall be pressure treated and have minimal knots and wane. Roofing material shall consist of two-inch (2") rigid insulation boards (or equivalent), fastened with plates and screws, and finished with a thermoplastic roof system (TPO -.045, or equivalent), subject to County approval. New 24-gauge Kynar finish (or equivalent) edge metal shall be installed matching the existing "blue" color. Carteret County Government Health Department Canopy Replacement RFP 2 Three (3) existing gutter downspouts shall be relocated, if necessary. They shall be extended and redirected across the new roof and mounted on new support post in order to discharge directly into the parking lot and/or grass area. New material shall match the existing. All new materials listed shall be furnished and installed by the Contractor. Schedule While demolition work shall take place over a scheduled weekend, new construction may commence during normal business hours. Interested Contractors shall contact the County POC below to schedule a site visit. Cleaning and Miscellaneous The Contractor shall provide all necessary labor, materials, Safety Data Sheets (SDS), equipment, and a competent supervisor to oversee and direct work as outlined in these documents. Ensure the protection of all County property, including but not limited to the existing propane tank, generator, lighting, and fencing. Cautionary signage and barricades shall be erected around the entire project area at all times. All associated debris shall be cleaned and hauled off at the end of each working day. All cleaning equipment shall be provided by the Contractor. All new material shall be installed per the manufacture's recommendations and instructions. Any damages caused by the Contractor shall be the Contractor's responsibility to fix or replace at the County's discretion. All new materials are subject to approval by Carteret County. The awarded Contractor shall enter into a Contract with the County, adhering to the Terms and Conditions within. Signature pages will be issued to the awarded Contractor. The Contractor shall obtain the required permits, ifr required, give all notices to the County POC (including a copy of fany permits), and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct ofthe work. Permits shall be posted onsite at the project location. No time extensions shall be granted or financial consideration given to the Contractor for time or monies lost due to violations of any such ordinance, code, law or regulations that may occur. Contractors shall provide their W-9 as well as current Certificates ofl Insurance for public liability, property damage, and Workers' Compensation. Certificates ofInsurance shall have "Carteret County Govemment, 302 Courthouse Square, Beaufort, NC: 28516" listed as additionally insured, with proposal submission. The Contractor shall unconditionally guarantee materials and workmanship against patent defects arising from faulty materials, faulty workmanship or negligence for a period oftwelve (12) months following the final acceptance of the work and shall replace such defective materials or workmanship without cost to the owner. Payment will ber made in one lump sum within thirty (30) consecutive days after acceptance of the work and the submission both of notarized contractor's affidavit and four copies ofi invoices, which are to include the contract, account and job order numbers, if applicable. Please provide your proposal with break outs for labor, materials, and tax, if applicable. Failure to abide by the conditions within may result as an incomplete proposal. Carteret County Government Health Department Canopy Replacement RFP 3 Carteret County Government Health Department Canopy Replacement RFP 4 Existing Downspouts Discharging to Canopy = Existing Support Post a Existing Building Side se aridgs susst, Mepehaal city, * 21557 ae oxes cartart Ceunty Baalua Dapartamt Bualu Dipartaat Rase Canepy Tp Viev 8 Carteret County Government Health Department Canopy Replacement RFP 5 Award of Contract Carteret County Government reserves the right to award to multiple contractors deemed to be fully qualified and best suited among others submitting proposals on the basis of the evaluation factors included within this RFP. Once the proposals are ranked by Carteret County Governments Committee and the qualified contractor is determined, Carteret County Government may conduct further negotiations, and/or request presentations to any or all contractors. Carteret County Government reserves the right to accept or reject, in whole or in part, proposals directed to the best interest of the County. Each contractor shall fill out the required information within this RFP, submit Certificate of Insurance for liability and Worker's Compensation in order for the proposal to be qualified. Carteret County Government reserves the right to reject any or all proposals for any reason. Carteret County POC All inquiries concerning the Scope of Services, Proposal Submission Requirements or Site Visits should be directed to: Mr. Ray Farnum Project Coordinator 5231 Business Drive, Newport, NC: 28570 Email: Rayfarmum@carteretcountyne.gor Telephone: 252-241-6913 Proposals shall be emailed and/or hand delivered to the address of the POC shown above. It is the sole responsibility of the Contractor to ensure that their proposal arrives by the designated submission date assigned. Interested Contractors shall provide a breakdown of their proposal on their company letterhead attached to this RFP. Issued Date: April 29, 2025 Due Date - Proposals shall be emailed or hand delivered to the General Services Facility to the attention of Mr. Ray Farnum located at 5231 Business Drive, Newport, NC 28570 no later than May 14, 2025 by 9:00 AM, EST. Contractors shall provide their W-9 as well as current Certificates of Insurance for publicl liability, property damage, and Workers' Compensation. Certificates of Insurance shall have "Carteret County Govemment, 302 Courthouse Square, Beaufort, NC 28516" listed as additionally insured, with proposal submission. The Contractor shall unconditionally guarantee materials and workmanship against patent defects arising from faully materials, faulty workmanship or negligence for a period oftwelve (12) months following the final acceptance oft the work and shall replace such defective materials or workmanship without cost to the owner. Payment will ber made in one lump sum within thirty (30) consecutive days after acceptance of the work andt the submission both ofr notarized contractor's affidavit and copies ofinvoices, which are toi includet the contract, account and job order numbers, if applicable. Please providey your proposal with break outs for labor, materials and tax, ifa applicable. Failuret to abide by the conditions within may result as an incomplete proposal. Carteret County Government Health Department Canopy Replacement RFP 6 GENERAL CONDITIONS GENERAL a) It is understood and agreed that by submitting a bid that the Contractor has examined these contract documents, drawings and specifications and has visited the site ofthe Work, and has satisfied himself rela- tive to the Work to be performed. MATERIALS, EQUIPMENT AND EMPLOYEES a) The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, fuel, sanitary facilities and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied there from, all in accordance with the contract documents. b) All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications. No changes shall be made in the Work except upon written approval and change order by Director, Carteret County General Services. d) Products are generally specified by ASTM or other reference standard and/or by manufacturer's name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed. e) However, the contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired; and that equivalent products will be acceptable. Substitution of materials, items or equipment of equal or equivalent design shall be submitted to the architect or engineer for approval or disapproval; such approval or disapproval shall be made by the architect or engineer prior to the opening of bids. Ifat any time during the construction and completion of the work covered by these contract documents, the conduct of any worker of the various crafts be adjudged a nuisance to the Owner or if any worker be considered detrimental to the work, the Contractor shall order such parties removed immediately from the site. The contractor shall designate a foreman/superintendent who shall direct the work. CODES, PERMITS AND INSPECTIONS a) The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Designer in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the Owner, he shall bear all cost arising from non-compliance with requirements. b) All work under this contract shall conform to the current North Carolina Building Code and other state and national codes as are applicable. Carteret County Government Health Department Canopy Replacement RFP 7 SAFETY REQUIREMENTS a) The Contractor shall be solely responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He shall be responsible for any damage to the Owner's property or that of others on the job, by himself, his personnel or his subcontractors, and shall make good such damages. He shall be responsible for and pay for any claims against the Owner arising from such damages. b) The Contractor shall adhere to the rules, regulations and interpretations of the North Carolina Department of Labor relating to Occupational Safety and Health Standards for the Construction Industry (Title 29, Code of Federal Regulations, Part 1926 published in Volume 39, Number 122, Part 11, June 24, 1974 Federal Register), and revisions thereto as adopted by General Statutes of North Carolina 95-126 through 155. c) The Contractor shall provide all necessary safety measures for the protection of all persons on the work, including the requirements ofthe AGC Accident Prevention Manual in Construction as amended, and shall fully comply with all state laws or regulations and North Carolina Building Code requirements to prevent accident or injury to persons on or about the location of the work. He shall clearly mark or post signs warning ofhazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. TAXES a) Carteret County is not exempt from North Carolina State Sales and Use Taxes on labor, material and equipment to be incorporated in the Work. Said taxes shall be included in invoices submitted by Contractor. Contractor in submitting his invoices shall break out all sales taxes as a separate item and County where purchase was made. EQUAL OPPORTUNITY a) The non-discrimination clause contained in Section 202 (Federal) Executive Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations prescribed by the Secretary ofLabor, are incorporated herein. b) The Contractors agree not to discriminate against any employees or applicant for employment because of] physical or mental handicap about any position for which the employees or applicant is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices. INSURANCE (a) To the fullest extent permitted by laws and regulations, Contractor shall indemnify and hold harmless the County and its officials, agents, and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including but not limited to fees and charges of engineers or architects, attorneys, and other professionals and costs related to court action or arbitration) arising out of or resulting from Contractor's performance of this Contract or the actions oft the Contractor or its officials, employees, or contractors under this Contract or under contracts entered into by the Contractor in connection with this Contract. This indemnification shall survive the termination of this Contract. Carteret County Government Health Department Canopy Replacement RFP 8 (b) In addition, Contractor shall comply with the North Carolina Workers' Compensation Act and shall provide for the payment of workers' compensation to its employees in the manner and to the extent required by such. Act. Additionally, Contractor shall maintain, at its expense, the following minimum insurance coverage: $1,000,000 per occurrence. /$2,000,000 aggregate-Bodily Injury Liability, and $100,000 - Property Damage Liability or 1,000,000 per occurrence /$2,000,000 aggregate-Combined Single Limit Bodily Injury and Property Damage. (c) The Contractor upon execution ofthis Contract shall furnish to the County a Certificate of Insurance reflecting the minimum limits stated above. The Certificate shall provide for thirty-(30) days advance written notice in the event of a decrease, termination or cancellation of coverage. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. All such insurance shall meet all laws oft the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Contract. The limits of coverage under each insurance policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. INVOICE FOR PAYMENT a) Payment will be made in one lump sum within thirty (30) consecutive days after acceptance of the work and the submission both of notarized contractor's affidavit and four copies of invoices, which are to include the contract, account andjob order numbers. b) Each invoice shall note the amount of Sales Tax paid by the Contractor, contain release of lien from subcontractors and vendors for prior invoices paid, and contain a notarized contractor's affidavit. The Contractor's affidavit shall state, "This is to certify that all costs of materials, equipment, labor, and all else entering into the accomplishment of this contract, including payrolls, have been paid in full." Executed contract documents, insurance certifications and, upon completion and acceptance of the work, invoices and other information requested are to be sent to: Mr. Ray Farnum Project Coordinator 5231 Business Drive, Newport, NC 28570 Email: EAACEAROSAN Telephone: 252-241-6913 e) It is imperative that contract documents, invoices, etc., be sent only to the above address in order to assure proper and timely delivery and handling. CLEANING a) The Contractor UP shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do sO by Carteret County. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the sites, and completely prepare the project and site for use by Carteret County. Carteret County Government Health Department Canopy Replacement RFP 9 GUARANTEE a) The Contractor shall unconditionally guarantee materials and workmanship against patent defects arising from faulty materials, faulty workmanship or negligence for a period of twelve (12) months following the final acceptance of the work and shall replace such defective materials or workmanship without cost to the owner. b) Where items of equipment or material carry a manufacturer's warranty for any period in excess of twelve (12) months, then the manufacturer's warranty shall apply for that particular piece of equipment or material. The Contractor shall replace such defective equipment or materials, without cost to the owner, within the manufacturer's warranty period. C) Additionally, the owner may bring an action for latent defects caused by the negligence of the contractor, which is hidden or not readily apparent to the owner at the time of beneficial occupancy or final acceptance, whichever occurred first, in accordance with applicable law. CONTRACTOR-SUBCONTRACTOR RELATIONSHIPS The Contractor agrees that the terms of these contract documents shall apply equally to a subcontractor as to the Contractor, and that the subcontractor is bound by those terms as an employee of the Contractor. 10 Carteret County Government Health Department Canopy Replacement RFP SUPPLEMENTARY GENERAL CONDITIONS TIME OF COMPLETION The Contractor shall commence work to be under this Contract on an agreed upon project schedule between the County and Contractor, to be specified in written order from the County and or shall fully complete all work hereunder within (60) consecutive calendar days from the Notice to Proceed for the base bid contract. For each day in excess of the above number of days, the Contractor shall pay the Owner the amount of Two Hundred Dollars ($200) as liquidated damages reasonably estimated in advance to cover the losses to be incurred by the Owner should the Contractor fail to complete the Work within the time specified. Ifthe Contractor is delayed at any time in the progress ofhis work by any act or negligence oft the Owner, his employees or his separate contractor, by changes ordered in the work; by abnormal weather conditions; by any causes beyond the Contractor's control or by other causes deemed justifiable by Owner, then the contract time may be reasonably extended in a written order from the Owner upon written request from the contractor within ten days following the cause for delay. UTILITIES Temporary utilities services are furnished at contractor's expense unless otherwise noted. (i.e.; power, water, sewer, steam, telephones, portable toilets, trash containers, etc.) INSTRUCTIONS FOR WORKING ON COUNTY PROPERTY a) Parking & Traffic - Construction that will block facility traffic flow/close street requires one-week written notice to the Public Building Manager. b) Decorum - It is illegal for any person to have firearms, alcoholic beverages, drugs (except those prescribed by a physician) on County property. Violators will be reported to local law enforcement. C) Behavior Indecent language, harassing "cat" calls or whistles, etc., will not be tolerated. Violators will be removed from county property immediately; questions will be asked later. Proper dress is required, long pants and shirts will be worn at all times. Loud music is not permitted. d) Use ofBuilding Contractor personnel are not permitted to use Buildings/Pacilities for restrooms, eating, or leisure activity. Unless prior approval is granted by County Representative. e) Locate for Utilities When digging or trenching on or adjacent to County property, a 48-hour notice is required to locate existing underground utilities. Contractor must contact the Public Works Department (252-648-7878) as well as the NC One Call Center (1-800-632-4949) for public utilities. Disruption ofUtilities - When any underground utilities or unusual conditions are damaged or encountered, contact the Public Works Department (252-648-7878) immediately. The Public Works Department will investigate and advise as needed. Contractor must have personnel available to effect immediate repair. Ifdamage occurred due to failure of the County to properly locate utilities, the contractor will be reimbursed. Planned Outages - Outages needed to allow contractor to complete or perform work, must be scheduled with the Public Buildings Department (252-648-7877). One-week written notice is required for all outages. h) Access to Buildings Access to perform work in a building after normal working hours (8:00 a.m. to 5:00 p.m. Monday Friday) must be coordinated through the Public Buildings Department with 24 hours in advance. Exterior work performed after normal working hours should also be reported to the Public Works Department 24 hours in advance. Carteret County Government Health Department Canopy Replacement RFP 11 MINORITY BUSINESS PARTICIPATION a) It is the intent of the County to encourage Contractors in making every effort to utilize Minority Business Enterprises for subcontracted work. The County has established efforts to record participation ofs such Enterprises by the attached "Appendix E - MBE DOCUMENTATION FOR CONTRACT PAYMENTS". The Contractor shall include the attached Appendix E with each pay application. b) Bidders can use the Office for Historically Underutilized Business website phduss.stahw to locate HUB contractors. c) Nothing in these guidelines shall be construed to require contractors or awarding authorities to award contracts or subcontracts to or to make purchases ofr materials or equipment from minority-business contractors or minority-business subcontractors who do not submit the lowest responsible, responsive bid or bids. E-VERIFY EMPLOYER COMPLIANCE The contractor represents and covenants that the contractor and its subcontractors comply with the requirement of Article 2 of Chapter 64 oft the North Carolina General Statutes (NCGS). In this E-Verify Compliance section, "contractor" "its subcontractors" and "comply" shall have the meanings intended by NCGS 153A-499 (b). The County is relying on this section in entering into this contract. The parties agree to this section only to the extent authorized by law. Ifthis section is held to be unenforceable or invalid in whole or in part, it shall be deemed amended to the extent necessary to make this contract comply with NCGS 153A-499 (b). SUPERINTENDENT The Contractor shall employ a competent superintendent who shall represent the Contractor and have the authority to make field decisions necessary for performing the work. Competency must be demonstrated by performing high quality construction work on time according to Contractor's approved schedule. County reserves the right to require replacement of the superintendent by Contractor without explanation from the County. INDEMNIFICATION The Contractor will indemnify and hold the County harmless from any and all liability, expense,judgment, suit, or cause of action for personal injury, death, or direct damage to tangible property which may accrue against the County to the extent it is caused by the negligence of Contractor, or its Sub-Contractors, or their employees or agents, while performing duties under this Agreement, provided that the County gives the Contractor prompt, written notice of any such claim or suit. TERMINATION Carteret County Government shall have the right to terminate this contract immediately by written notice to the Contractor if the Contractor fails to execute the services promptly and to Carteret County Governments satisfaction, or fails to perform any obligation imposed by any provisions of this Contract. In the event of termination for default, Carteret County Government has against the Contractor all remedies provided by law and equity. Carteret County Government Health Department Canopy Replacement RFP 12 PERFORMANCE AND PAYMENT BONDS A Performance Bond is not required. A Payment Bond is not required. PRE-CONSTRUCTION CONFERENCE The owner may require a pre-construction conference to review project with contractor. Date will be set after award of contract. PROJECT SCHEDULE The owner may require a project schedule to show dates for planned work phases and completion date. SUMMARY OF PAPERWORK Prior to Award 1 - Submit Certificate of Insurance for liability and Worker's Compensation. 2- Submit Iran Divestment Act Certification. 3 - Submit breakdown of materials, labor and tax on a company letterhead. After. Award 1 - Submit Project Schedule 2- Submit completed Sales Tax Summary and Detail forms, state "None" ifapplicable. Final Payment 1 - Submit invoice only after work is complete. 2 - Submit completed Sales Tax Summary and Detail forms, state "None" if applicable. 3 - Submit Contractor's Warranty Letter, state date of acceptance agreed with owner. 3 - Submit Contractor' S Affidavit Letter. Carteret County Government Health Department Canopy Replacement RFP 13 66% IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY N.C.G.S. 147-86.59 As of the date listed below, the vendor or bidder listed above is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 147-86.58. The undersigned hereby certifies that he or she is authorized by the vendor or bidder listed above to make the foregoing statement. a2 shsloas Signature Date DARREu Koer Kue PRESBENT Printed Name Title Notes to persons signing this form: N.C.G.S. 147-86.59(a) requires this certification for bids or contracts with the State of North Carolina, a North Carolina local government, or any other political subdivision of the State ofNorth Carolina. The certification is required at the following times: When a bid is submitted When a contract is entered into (ifthe certification was not already made when the vendor made its bid) When a contract is renewed or assigned N.C.G.S. 147-86.59(b) requires that contractors with the State, a North Carolina local government, or any other political subdivision ofthe State ofNorth Carolina must not utilize any subcontractor found on the State Treasurer's Final Divestment List. The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the address wwAnstasurer.som.len and will be updated every 180 days. Carteret County Government Health Department Canopy Replacement RFP 14 PROJECT TITLE: AO6 Hewnt DET CANOPY Month/Date/Vear SUBCONTRACTOR: DESCRIPTION OF WORK: FEDERAL ID#: NC CONTRACTOR LISCENSE #: STREET ADDRESS: CITY, STATE, ZIP: EMAIL ADDRESS: FIELD CONTACT AND CELL #: SUBCONTRACTOR: DESCRIPTION OF WORK: FEDERAL ID #: NC CONTRACTOR LISCENSE #: STREET ADDRESS: CITY, STATE, ZIP: EMAIL ADDRESS: FIELD CONTACT AND CELL #: Carteret County Government Health Department Canopy Replacement RFP 15 PROPOSAL AND CONTRACT Carteret County Government Health Department Canopy Replacement The undersigned, as bidder, proposes and agrees if this proposal is accepted to contract with Carteret County for the furnishing ofall materials, equipment, labor and tax necessary to complete the Carteret County Health Department Canopy Replacement described in these documents in full and complete accordance with requirements, specifications, and contract documents, and to the full and entire satisfaction of Carteret County for the sum of: $79,670.59 Contractor: Davies Contracting Federal ID#: 47 By: 273/34/ PINies Witness: Title: wenor Prerks npol (Owner, partner, corp. Pres. or Vice President) Address: AAtdadalense Attest: (corporation) Email Address: belubactishynrcen (Corporate Seal) 86487 License #: By: Doha Dhvios Title: Presiclen (Cmponationseep/AE Secretary.) Carteret County Government Health Department Canopy Replacement RFP 16 IN 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 (Seal) Davie Lostwh tFR Contractor Jookr Dhnes Authorized Representative (Seal) Jokn Daviez Printed Name Pesiilek 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 Sharon Griffin County Manager/County Attorney NORTH CAROLINA COUNTY OF CARTERET GOVERNMENT I, al Notary Public of the State and County aforesaid certify that Sharon Griffin acknowledged that she is the Interim County Manager of County ofCarteret, and that authority duly given as the act of the Board signed the foregoing instrument signed in its name by the Interim County Manager, sealed with its corporate seal. WITNESS my hand and official seal, this day of 2025 Notary Public My Commission expires: Carteret County Government Health Department Canopy Replacement RFP 17 CARO AMENDMENT NUMBER 1 TO THIS BID DOCUMENTS Amendment Date: May 7, 2025 Carteret County Health Department Canopy Replacement A. This Amendment shall be considered part of the bid document 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. It will be construed that each bidder's proposal is submitted with full knowledge of all modifications and supplemental data specified herein. Service Agreement (listed below) Exceptions to the Sample Service Agreement. Attached is a sample Service Agreement that describes the County's terms and conditions. The successful firm will be required to enter into a Service Agreement. Any exceptions to the terms and conditions of the Agreement must be documented and submitted in this Section. In addition, any additional language, terms or conditions must be submitted in this section. BIDDER MUST ACKNOWLEDGE THIS AMENDMENTBY SIGNING BELOW AND ATTACHING THE SIGNED AMENDMENT TO THE BID FORM: Company Name Dmies Conktkchi Tg Contact Person SPD es Signature. Date 6-14-3025 Ashley Bennett, Purchasing Agent Carteret County Government SAMPLE ONLY - do not fill in AGREEMENT FOR SERVICES 2 THIS AGREEMENT FOR SERVICES ("Agreement) is made this - Jof! J. 2025 (the "Effective Date"), by and between the County of Carteret, a North Carolina municipal corporation (the "County"), and [SERVICE PROVIDERI, a(n) [STATE OF SERVICE PROVIDER'S NCORPOAATOMORGAIEATON Provider [SERVICE PROVIDER'S TYPE OF BUSINESS ENTITYI2 ("Service Provider). The County and Service 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 and 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. the Service Provider, inconsideration of their mutual covenants and other good and NOW THEREFORE, County and and receipt of which is hereby acknowiedged, hereby agree as follows: valuable consideration, the sufficiency SECTIONI. ENGAGEMENT OF SERVICE PROVIDER Service Provider shall perform the Service and the County shall pay Service Provider for the A. Engagement- Performance of such Service as set forth herein. Contractors- The relationship between the Parties shall be that of independent contractors. B. Independent the of the the Parties acknowledge and agree that Service Provider, its Without limiting generality foregoing, or to be deemed an employee or employees, subcontractors, and suppliers are not individually collectively shall under employees of the County under any circumstances. Furthermore, nothing in this agreement any to circumstances be construed to make the County and Service Provider joint venturers, partners, or parties similar relationships with each other. SECTION II. PROVISION OF THE SERVICES Inc.", "XYZ Professional Services, LLC', "John Q. Public", etc. The Service Provider's full 1E.g.. "Acme Consulting, the "Inc., "LLC" or other designation indicating legal name should be used here and on the signature page, including Inc." rather than "Acme Consulting"). the type of entityi if Service Provider is an entity (e.g. "Acme Consulting, limited liability company, limited 2E.g., corporation, professional corporation, limited liabilty company, professional the of 'Inc." liability partnership, etc. Note that the legal name should give some indication regarding type entity-ie., = a corporation; "LLC" = al limited liability company; "LLP" = al limited liability partnership. If or "Corp." or "Corporation' the two bracketed placeholders in this paragraph with the following: Service Provider is an individual, replace last "individual resident of the State of [SERVICE PROVIDER'S STATE OF RESIDENCEY. A. Provision 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 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 III. 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 Exhibit 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 ati 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, ori ift 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. Its 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 payments following expiration of such timeframe. No further payments under this Agreement progress will be made until at 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 17U.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 toi the County, in each case without additional consideration, all right, title, and interest throughout the world 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 it 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 a 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, ifa 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, inj possession of, or under control oft 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 andi 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 concems 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 byt the County for any reason, including the lock of supporting documentation, the County shall promptly notify Service Provider of the dispute and required clarification andlor remedial action. After any dispute has been settled, Service Provider shall 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 General Indemnification- Service Provider shall defend, indemnify, and hold harmless the County 1. 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, costs, or expenses of whatever kind, including reasonable attorneys' fees and the cost of enforcing any right to indemnification hereunder and the cost of insurance providers (Collectively, "Losses') arising out of or resulting from: pursuing any (a) bodily injury, death of any person, or damage to real or tangible, personal property resulting and from the willful, fraudulent, or negligent acts or omissions of Service Provider or its Personnel; Service Provider's breach of any representation, warranty, or obligation of Service Provider set (b) 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 or 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. If this Agreement is terminated by the County pursuant to this Section VII.B, Service Provider shall be paid for the portion of Services satisfactorily performed through the effective time of such termination. C. Post-Termination Obligations. Upon any termination effected pursuant to this Section VI, 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 VIL.E and Section I.B, Section II.A.8, Section V, Section VI, Section VII.C, Section VI.D, Section VII, and Section X, and any right or obligation of the Parties in this Agreement which, by its nature, should survive termination or expiration of 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 2of Chapter 64 of the North Carolina General Statutes, and covenants that at all times during the Term, ity will continue to comply with these requirements. Service Provider also covenants thati it will require that all of its subcontractors that provide any of the Services to comply with the requirements of Article 2of Chapter 64 of the North Carolina General Statutes. Service Provider's breach of its representations, warranties, andlor covenants in this Section VIIL.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 the 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 personnel 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 oft two (2) years from full completion of the Services. D. Confidential Information. Service Provider agrees: (a) not to disclose or otherwise make available Confidential Information to any third party without the prior written consent of the County; provided, however, that Service Provider may disclose 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. Ifs 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 disclosure 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 criminal 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 Exhibit 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) andi for proper preparation of plans, documents, specifications, and special provisions. B. Status Updates. Service Provider may be required to meet with representative(s) oft the County to review the status of the Services andlor the Project. These meetings will not be required unless problems arise that cannot be resolved during the Parties' regular meetings. Such additional meetings, ifr needed, shall be held at the County's office or at the Project site as appropriate. SECTION X. MISCELLANEOUS Provisions. This together with all Exhibits and any other A. Entire Agreement; Conficting Agreement, and of the Parties documents incorporated herein by reference, constitutes the sole entire agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous of understandings and agreements, both written and oral, with respect to such subject matter. In case 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 Invoice or other form shall not become a part of this Agreement unless agreed upon in a writing any representative of the County. Without limiting the generality of the executed by a duly authorized and that Exhibit A attached hereto may take the form of foregoing, the Parties acknowledge agree set forth on Exhibit A that (a) Service Provider's proposal for the Services, in which case any verbiage 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 oft 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 of 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, if 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 reçover its reasonable attomeys' 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 IIL.A.8 or Section VIIL.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 entitled 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): Iftot the County: The County of Carteret Purchasing Department 302 Courthouse Square Beaufort, NC 28516 lfto 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. - 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 tot 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, its 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 shei 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. * a 372213 E E IN WITNESS WHEREOF, this Agreement is entered into by the Parties as of the Effective Date. The County of Carteret By: Name: Title: Preaudit Certificate This instrument has been pre-audited in the manner required by the Local Govemment Budget and Fiscal Control Act. Dee Meshaw, Deputy County Manager Service Provider: IfService Provider is an entity: Ifs Service Provider is an individual: [LEGAL NAME OF SERVICE PROVIDER] By: Signature Name: Print name: [LEGAL NAME OF SERVICE PROVIDER] Title: Service Provider's address for notices: Attn.: DAVIES CONTRACTING 05/14/2025 PO BOX 868 Morehead City NC, 28557 PH: (252)474-2123 Commercial License # 86987 RFP: Carteret County Government Health Department- Canopy Replacement Materials: $34,308.59 Labor: $45,362.00 Total Cost: $79.670.59 SEL Respectfully, Project Manager Davies Contracting Cell: 675 -1684 Office: 52 74 -2123 Email: am@dvscntadrypcon W-9 Request for Taxpayer 'orm Give Form to the Rev. October 2018) Identification Number and Certification requester. Do not lepartment oft thel Treasury send to the IRS. iternal Revenue Service PGot to www.ln.govlFormw9 for Instructions and the latest Information. 1 Name (as shown ony your Incomet taxi retur). Name Is required ont this line; do not leave this line blank. Davies Contracting & Insp. Inc 2 Buslnessr name/disregarded enlity name, Hdifferent from above Davies Contracting $ Insp. Inc 3 Check approprlate boxt forfederalt tax classification oft the person whose name Is entered on line 1. Check only one oft the 4 Exemplions (codes apply onlyto following seven boxes. certain entities, not individuals; see Instructions on page 3): de IndMdual/sole proprtetor or CCorporation sCorporation Partnersbip Trust/estate single- memberlLC Exempt payes code ffarv) Limiled llablity company. Entert the tax classification (C-C corporation, S-S corporation, P-Partnership)P, Note: Check the appropriatel box int thel line above fort the tax classification oft the single-member owner. Do not check Exemption from FATCAreporting LLCift the LLCIs classiled lasasingle-member LLCt that Is disregarded from the owner unless the owner oft thel LLCIs code (f anotherl LLCthatisr note disregarded from the owner for U.S. federalt tax purposes. Othervise, a single-member LLC that any) Is disregarded from the owner should check the appropriate boxt for the tax classification of Fts owmer, Other (see instructions)) PppSs! fos ounls mahtahed outsidla the us) 5 Addross (number, street, and apt. or suiter onoSeal Instructions. Requester's name anda address (oplional) 8 454 NC Highway 24 6 City, state, and ZIP code Morehead City, NC 28557 71 Lista account number(s) here (optiona) Partl Taxpayer Identification Number (TIN) Enter) your TINI In the appropriatel box. The TIN provided must match the name given on! line 11 to avoid Social security number packup withholding. For Individuals, this Is generallyy your soclal securilyr number (SSN). However, for a esident allen, sole proprietor, or disregarded entity, see the Instructions for Parti, later. For other antities, iti is your employer identfication number (EIN): If you do not have a number, see How to get a TIN, later. or Vote: Ift the account Is In more than one name, see the Instructions for line 1. Also see What Name and Employer Identification number Vumber To Give the Requester for guidelines on whose number to enter. 8 7 2 7 3 1 3 9 1 Partli Certification Jnder penaities of perury, certify that: 1. Ther number shown on this form Is my correct taxpayer Identification number (orla am waiting for a number to be issued to me); and 2.lamr not subject to backup withholding because: ()lam exempt from backup withholding, or (b)lhave not been notified byt the Internal Revenue Service (RS thatl am subject tol backup withholding as a resuit of a failuret to report all linterest or divdends, or (c) the IRS has notified me thatl am nol longer subject to! backup withholding; and 3.1 lam a U.S. cltizen or other U.S. person (defined below); and 4.7 The FATCA code(s) entered ont this form (f any) Indicating that I am exempt from FATCA reporting Is correct, Certification Instructions. You must cross out item 2 abovel lfyoul have been nolifed! by the IRS that you are currently subject to backup withholding because you! have falled to report all Interest and diidends ony yourt tax relum. For real estatet transaclions, Item 2 does not apply. For mortgage Interest pald, acquisition or abandonment ofs secured property, cancellation of debt, contributions to an Individual retirement arrangement (RAI, and generally, payments other than Interest and diMdends, you arenotr required tosiggt the certification, but you must provide your correct TIN. See the instructions for Parti i, later. Sign Signature of Here U.S. person) Date) > au 3, a0a5 General Instruçtions e Form 1099-DMV (dividends, Including those from stocks or mutual funds) Section references aret to the Internal Revenue Code unless otherwise e Form 1099-MISC (various types of Income, prizes, awards, or gross noted. proceeds) Future developments. For the latest information about developments Form 1099-B (stock or mutual fund sales and certain other related to Form W-9 and its instructions, such as legislation enacted transactions by brokers) after theywere published, got to wwnisgowFoml9 . Form 1099-S (proceeds from real estate transactions) Purpose of Form Form 1099-K (merchant card and third party network transactions) An Individual or entity (Form W-9 requester) who is required to file an Form 1098 (nome mortgage Interest), 1098-E (student loan interest), Information retum with the IRSI must obtaln your correct taxpayer 1098-T (luition) identification number (TIN) which may be yours soclal security number . Form 1099-C (canceled debt) (SSN), Indiidual taxpayer Identficationi number (TIN), adoption Form 1099-A (acquisltion or abandonment of secured property) taxpayer Identification number (ATIN), or employer Identification number (EIN, to report on an Information retum the amount pald toy you, or other Use Form W-9 onlyl If you are a U.S. person |ncluding a resident amountr reportable on an Information return. Examples of Information alien), to provide your correct TIN. returns Include, but are not limited to, the following. Ifyou do not retum Form W-9 to the requesters with a TIN,) you might Form 1099-INT |nterest eamed or pald) be subject to backup withholding. See What Is backup withholding, later. Cat. No, 10231X Form W-9 Rev. 10-2018) ACORD CERTIFICATE OF LIABILITY INSURANCE DATE( (MM/DDMYY 11/07/2024 THIS CERTIFICATE IS ISSUED AS AI MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE ORI PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: Ifthe certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONALI INSURED provisions or be endorsed. #SUBROGATIONI IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ERVACT LaTina Henderson ACO Insurance PACN No.Ext (888)7 772-6553 8609 Westwood Center Dr TAT TKENe ADDRESS: cantfalmgachu.acwn #110 INSURER/S) AFFORDING COVERAGE NAICE Tysons VA 22182 INSURER A: Erie Insurance Co 26263 INSURED INSURERE B: Erie Insurance Exchange 26271 Davies Contracting & Insp Inc INSURER C: Flagship City Insurance Company 35585 454 NCI HIGHWAY: 24 INSURER D: INSURERI E: MOREHEAD CITY NC 28557-2564 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TOC CERTIFY THAT THE POLICIES OFI INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOV WHICHT THIS CERTIFICATE MAY BE ISSUED ORI MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCHF POLICIES. LIMITS SHOWN MAYH HAVE BEEN REDUCED BYPAID CLAIMS. LTR INSR TYPE OF INSURANCE TADDLSUER INSD wVD POLICYN NUMBER SEET LIMITS X COMMERCIAL GENERALI LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR PREMISESEaC DAMAGET TORENTED occurrence) $ 1,000,000 MEDEXP (Any one person) $ 10,000 A Y Y Q61-0282957 05/19/2024 05/19/2025 PERSONALE &ADVI INJURY s 1,000,000 GENL AGGREGATEL LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO JEC LOC PRODUCTS- COMPIOP AGG s 2,000,000 OTHER: $ AUTOMOBILEL LIABILITY COMBINED (Eaaccident) SINGLELIMIT $ 1,000,000 ANY AUTO BODILYI INJURY (Per person) $ B OWNED AUTOS ONLY SCHEDULED AUTOS Y Y Q05-1940063 05/19/2024 05/19/2025 BODILYI INJURY (Pera accident) $ HIRED NON-OWNED PROPERIVDAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ UMBRELLALIAB OÇCUR EACH OCCURRENCE $ 4,000,000 B EXCESS LIAB CLAIMS-MADE Y Y Q29-1970421 05/19/2024 05/19/2025 AGGREGATE $ 4,000,000 DED RETENTION $ $ WORKERS COMPENSATION > AND EMPLOYERS LIABILITY AE YIN E C EYSMESeUINE EXCLUDED? N NIA Y Q89-6900377 05/19/2024 05/19/2025 EL EACHACCIDENT $ 1,000,000 EE In NH) EL DISEASE -EAE EMPLOYEE $ 1,000,000 Hy yes, describe under DESCRIPTION OFOPERATIONS below E.L DISEASE -POLICYLIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS VLOCATONS/VENCLES (ACORD 101, Additional Remarks Schedule, may! bea attached ifr more space is required) Carteret County Govemment listed as additional insured per written contract. CERTIFICATE! HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Carteret County Government ACCORDANCE WITH THE POLICY PROVISIONS. 302 Courthouse Square AUTHORIZED REPRESENTATIVE Beaufort NC 28516 L4T7A HENDETZSON 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CARTERET COUNTY GOVERNMENT Phone: 252-648-7877 RO Health Department Canopy Replacement Bid Tab Bid closing date: May 14, 2025 @ 9:00 AM EST. Company Base Bid Owens $169,942.00 Pinam Construction $199,960.66 Davies Contracting $79,670.59 Mailing: 5231 Business Drive Newport, NC 28570 Location: 5231 Business Drive Newport, NC 28570 IV. Consent Agenda 10. Approval of the R&T Power Systems Bid to Replace the Generator at the Health Department, $43,975.66 Carteret County Public Buildings Aaron Elms 5231 Business Drive Public Buildings Manager Newport, NC 28570 Amadimgaresupeew CARO - Bus 252-646-7878 MEMORANDUM DATE: 5/29/25 TO: Board of Commissioners CC: Sharon D. Griffin, County Attorney/ County Manager FROM: Aaron Elms, Public Buildings Manager RE: Award of Carteret County Health Department Generator Replacement Carteret County Public Building has recently requested bids for replacement of the generator at the Carteret County Health Department. The low bid was received for this project was from R&T Power Systems at $43,975.66. Public Buildings would like to recommend approval of this bid. Carteret County Courthouse e302 Courthouse Square e Beaufort, North Carolina 28516 - - 72213 CARO Request for Proposal Carteret County Government Health Department Generator Replacement V Corteret County, North Corolina Issued: April 29, 2025 Submission Deadline: May 14, 2025 by 9:00 AM, EST. Carteret County Government Health Department Generator Replacement RFP 1 CARTERET COUNTY PUBLIC BUILDINGS Phone: 252-648-7877 REQUEST FOR PROPOSAL Date: 04/29/2025 To: Interested Contractors Project Name: Health Department Generator Replacement Scope of Work: Carteret County Government is soliciting competitive proposals to replace a 100KW liquid propane (LP) fueled generator at the Health Department located at 3820 Bridges Street, Morehead City, NC 28557. The Contractor shall abide by the details and shall refer to the associated pictures in addition to the scope of work specified within the documents provided below. General Scope of Work The current generator is a propanc fueled 100 KW Generac, Model - 12341830100, Serial # 2107670, Engine # OH0923 with a Zenith ZTG ATS. The Contractor shall furnish and install a new 100 KW compatible generator. Safely disconnect all electrical, fucl, and control connections in order to dispose of the existing generator. Set and connect the new generator to the existing LP tank, electrical, and ATS. Ensure all new connections are leak free and weather tight. Ifnecessary, replace the existing fuel line and conduits. All equipment shall be installed in accordance with the manufacturer's recommendations. The Contractor shall preform manufacture required testing to ensure proper functionality. These tests shall be scheduled by the County POC. Provide a basic training session to the County POC on the operation and maintenance of the new generator. The Contractor shall provide submittals and estimated lead times for the new generator with their proposal. Schedule Any Work that will not disrupt normal business operations may be completed during the day. If building power is required to be disconnected, this Work shall be scheduled outside normal business hours. Interested Contractors shall contact the County POC to schedule a site visit. Carteret County Government Health Department Generator Replacement RFP 2 Safety and Miscellaneous The Contractor shall provide all necessary labor, materials, Safety Data Sheets (SDS), equipment, and a competent supervisor to oversee and direct work as outlined in these documents. Ensure protection of surrounding property and utilities including but not limited to fencing, landscaping, asphalt, and concrete. Should the fencing be in the way, the Contractor shall carefully remove and reinstall the fabric. All associated debris and old equipment shall be cleaned and disposed off-site. Work shall be performed using safe practices, including barricading work areas. Any damages caused by the Contractor shall be the Contractor's responsibility to fix or replace at the County's discretion. The awarded Contractor shall enter into a Contract with the County, adhering to the Terms and Conditions within. Signature pages will be issued to the awarded Contractor. The Contractor shall obtain the required permits, if required, give all notices to the POC (including a copy of any permits), and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct ofthe work. Permits shall be posted onsite at project location. No time extensions shall be granted or financial consideration given to the Contractor for time or monies lost due to violations of any such ordinance, code, law or regulations that may occur. Alternate Bid #1 - The Contractor shall provide a three (3) year maintenance agreement from the date of the acceptance of the working generator. During this period of three years, the Contractor shall be responsible for all parts and labor. Primary Point of Contact: Mr. Ray Farnum Phone: 252-241-6913 Email: HEAmmEaCETNSEN Contractors shall providet their W-9a as well as current Certificates ofl Insurance for public liability, property damage, and Workers' Compensation. Certificates of Insurance shall have "Carteret County Government, 302 Courthouse Square, Beaufort, NC: 28516" listed as additionally insured, with proposal submission. The Contractor shall unconditionally guarantee materials and workmanship against patent defects arising from faulty materials, faulty workmanship or negligence for a period oft twelve (12) months followingt thef final acceptance of the work and shall replace such defective materials or workmanship without cost to the owner. Payment will be made in one lump sum within thirty (30) consecutive days after acceptance oft the work and the submission both of notarized contractor's affidavit and copies ofi invoices, which are to include the contract, account and job order numbers, if applicable. Please provide your proposal with break outs forl labor, materials and tax, if applicable. Failure to abide by the conditions within may result as ani incomplete proposal. Proposals may be submitted by email to Ray. ammearescumonsas. or dropped off at the General Services Operations Facility, 5231 Business Drive, Newport, NC 28570. Carteret County Government Health Department Generator Replacement RFP 3 B - (3.52A) Gas6 - TTT eE - - - - - GENERATOR SET DATA GEN MODEL 12344830100 SERIAL 2107670 TYPE CODEL SG010066036. BV23HBYYF JENGINE NO OH0923 RATED KW/100 RATED KVA 125 ALT. VOLTS MPSIEHONE 1120/208 AMPS 346.9/ o / .0 PHASE 3 PHA POWER FACTORB HERTZ 60 BRKR KMN/A BRKR AMPSINIA x'a.27 xd22 ALT APMIBOO ENG RPMER300 PROD DATEIO/04/10 GENERAC POWER SYSTEMS, INC. OLAS-Hnoron) TATOR WINGING WAUKESHA WI INAULATION, . ABI IEN A 6 Series 300 Autal mattc Tranafer Switon Rba voLre 60 e PAS . 4 - AYION EPS -sS COVER A FTER SERVICING vo aAPS ER ELE EMBYSERYER Aatorial oeirh Co € Carteret County Government Health Department Generator Replacement RFP Award of Contract Carteret County Government reserves the right to award to multiple contractors deemed to be fully qualified and best suited among others submitting proposals on the basis of the evaluation factors included within this RFP. Once the proposals are ranked by Carteret County Governments Committee and the qualified contractor is determined, Carteret County Government may conduct further negotiations, and/or request presentations to any or all contractors. Carteret County Government reserves the right to accept or reject, in whole or in part, proposals directed to the best interest of the County. Each contractor shall fill out the required information within this RFP, submit Certificate of Insurance for liability and Worker's Compensation in order for the proposal to be qualified. Carteret County Government reserves the right to reject any or all proposals for any reason. Carteret County POC All inquiries concerning the Scope of Services, Proposal Submission Requirements or Site Visits should be directed to: Mr. Ray Farnum Project Coordinator 5231 Business Drive, Newport, NC 28570 Email: BeamRusswaNEEE Telephone: 252-241-6913 Proposals shall be emailed and/or hand delivered to the address of the POC shown above. It is the sole responsibility of the Contractor to ensure that their proposal arrives by the designated submission date assigned. Interested Contractors shall provide a breakdown oftheir proposal on their company letterhead attached to this RFP. Issued Date: April 29, 2025 Due Date - Proposals shall be emailed or hand delivered to the General Services Facility to the attention of Mr. Ray Farnum located at 5231 Business Drive, Newport, NC 28570 no later than May 14, 2025 by 9:00 AM, EST. Contractors shall provide their W-9 as wel as current Certificates df Insurancet for public liabiity, properly damage andWorkers' Compensalion Certificates of Insurance shall have 'Carteret Counly Govemment, 3020 Courthouse Square, Beaufort, NÇ 28516 listeda as addtionally insured, with proposal submission. The Contractor shall unconditionally guarantee materials andy workmanship agains! patent delects arising from faully materials, faully workmanship or negligence fora a periodo of lwelve (12) months following the final acceptance of thev work ands shall replece such defectiver materals or workmanship without cost to the owner. Payment willb ben made in onel lump sumy within thiry (30) consecutive days after acceptance ofthev work and he submission! both ofnotarized contractor's affidavit and copies ofinvoices, which are toi include the contract, account and) job order numbers, if applicable. Please provide your proposaly Iwith break outs for labor, materials and tax, If applicable. Failure to abide by thec conditions within may result as an incomplete proposal. Carteret County Government Health Department Generator Replacement RFP 5 GENERAL CONDITIONS GENERAL a) Itis understood and agreed that by submitting a bid that the Contractor has examined these contract documents, drawings and specifications and has visited the site of the Work, and has satisfied himselfr relative to the Work to bc performed. MATERIALS, EQUIPMENT AND EMPLOYEES a) The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, fuel, sanitary facilities and incidentals neçessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied there from, all in accordance with the contract documents. b) All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications. No changes shall be made in the Work except upon written approval and change order by Director, Carteret County General Services. Products are generally specified by ASTM or other reference standard and/or by manufacturer's name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed. e) However, the contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired; and that equivalent products will be acceptable. Substitution of materials, items or equipment of equal or equivalent design shall be submitted to the architect or engineer for approval or disapproval; such approval or disapproval shall be made by the architect or engincer prior to the opening of bids. If at any time during the construction and completion of the work covered by these contract documents, the conduct of any worker of the various crafts be adjudged a nuisance to the Owner or ifany worker be considered detrimental to the work, the Contractor shall order such parties removed immediately from the site. g) The contractor shall designate a foremanksuperintendent who shall direct the work. CODES, PERMITS AND INSPECTIONS a) The Contractor shall obtain the required permits, ifr required, give all notices, and comply with all laws, ordinançes, codes, rules and regulations bearing on the conduct of the work under this contract. Ifthe Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Designer in writing. Ifthe Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the Owner, he shall bear all cost arising from non-compliance with requirements. b) All work under this contract shall conform to the current North Carolina Building Code and other state and national codes as are applicable. Carteret County Government Health Department Generator Replacement RFP 6 SAFETY REQUIREMENTS a) The Contractor shall be solely responsible for the entire site and the construction oft the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required the Owner or Designer. He shall be responsible for any damage to the Owner's property or that others on the his of job, by himself, personnel or his subcontractors, and shall make good such damages. He shall be responsible for and pay for any claims against the Owner arising from such damages. b) The Contractor shall adhere to the rules, regulations and interpretations of the North Carolina Department of Labor relating to Occupational Safety and Health Standards for the Construction Industry (Title 29, Code of Federal Regulations, Part 1926 published in Volume 39, Number 122, Part 11, June 24, 1974 Federal Register), and revisions thereto as adopted by General Statutes of North Carolina 95-126 through 155. The Contractor shall provide all necessary safety measures for the protection of all persons on the work, including the requirements of the AGC Accident Prevention Manual in Construction as amended, and shall fully comply with all state laws or regulations and North Carolina Building Code requirements to prevent accident or injury to persons on or about the location of the work. He shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. TAXES a) Carteret County is not exempt from North Carolina State Sales and Use Taxes on labor, material and equipment to be incorporated in the Work. Said taxes shall be included in invoices submitted by Contractor. Contractor in submitting his invoices shall break out all sales taxes as a separate item and County where purchase was made. EQUAL OPPORTUNITY a) The non-discrimination clause contained in Section 202 (Federal) Executive Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations prescribed by the Secretary ofLabor, are incorporated herein. b) The Contractors agree not to discriminate against any employees or applicant for employment because of physical or mental handicap about any position for which the employees or applicant is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices. INSURANCE (a) To the fullest extent permitted by laws and regulations, Contractor shall indemnify and hold harmless the County and its officials, agents, and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including but not limited to fees and charges of engineers or architects, attorneys, and other professionals and costs related to court action or arbitration) arising out of or resulting from Contractor's performance ofthis Contract or the actions ofthe Contractor or its officials, employees, or contractors under this Contract or under contracts entered into by the Contractor in connection with this Contract. This indemnification shall survive the termination of this Contract. Carteret County Government Health Department Generator Replacement RFP 7 (b) In addition, Contractor shall comply with the North Carolina Workers' Compensation Act and shall provide for the payment of workers' compensation to its employees in the manner and to the extent required by such Act. Additionally, Contractor shall maintain, at its expense, the following minimum insurance coverage: $1,000,000 per occurrençe /$2,000,000 aggregate-Bodily Injury Liability, and $100,000 Property Damage Liability or 1,000,000 per occurrence. /$2,000,000 aggregate- Combined Single Limit Bodily Injury and Property Damage. (c) The Contractor upon execution ofthis Contract shall furnish to the County a Certificate of Insurance reflecting the minimum limits stated above. The Certificate shall provide for thirty- (30) days advance written notice in the event of a decrease, termination or cancellation of coverage. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. All such insurance shall meet all laws oft the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Contract. The limits of coverage under each insurance policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. INVOICE FOR PAYMENT a) Payment will be made in one lump sum within thirty (30) consecutive days after acceptance ofthe work and the submission both ofnotarized contractor's affidavit and four copies ofinvoiçes, which are to include the contract, account andj job order numbers. b) Each invoice shall note the amount of Sales Tax paid by the Contractor, contain release oflien from subcontractors and vendors for prior invoices paid, and contain a notarized contractor's affidavit. C) The Contractor's affidavit shall state, "This ist to certify that all costs oft fmaterials, equipment, labor, and all else entering into the accomplishment ofthis contract, including payrolls, have been paid in full." d) Executed contract documents, insurance certifications and, upon completion and acceptance ofthe work, invoices and other information requested are to be sent to: Mr. Ray Farnum Project Coordinator 5231 Business Drive, Newport, NC 28570 Email: padseSwSNN Telephone: 252-241-6913 e) Iti is imperative that contract documents, invoices, etc., be sent only to the above address in order to assure proper and timely delivery and handling. Carteret County Government Health Department Generator Replacement RFP 8 CLEANING UP a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do sO by Carteret County. Before final inspection and acceptance ofthe project, the Contractor shall thoroughly clean the sites, and completely prepare the project and site for use by Carteret County. GUARANTEE a) The Contractor shall unconditionally guarantee materials and workmanship against patent defects arising from faulty materials, faulty workmanship or negligence for a period oftwelve (12) months following the final acceptance of the work and shall replace such defective materials or workmanship without cost to the owner. b) Where items of equipment or material carry a manufacturer's warranty for any period in excess of twelve (12) months, then the manufacturer's warranty shall apply for that particular piece of equipment or material. The Çontractor shall replace suchdefective equipment or materials, without cost to the owner, within the manufacturer's warranty period. C) Additionally, the owner may bring an action for latent defects caused by the negligence of the contractor, which is hidden or not readily apparent to the owner at the time ofbeneficial occupancy or final acceptance, whichever occurred first, in accordance with applicable law. CONTRACTOR-SUBCONTRACTOR RELATIONSHIPS The Contractor agrees that the terms of these contract documents shall apply equally to a subcontractor as to the Contractor, and that the subcontractor is bound by those terms as an employee of the Contractor. Carteret County Government Health Department Generator Replacement RFP 9 SUPPLEMENTARY GENERAL CONDITIONS TIME OF COMPLETION The Contractor shall commence work to be performed under this Contract on a date to be specified in written order from Carteret County and shall fully complete all work hereunder within Ninety (90) consecutive calendar days from the Notice to Proceed for this contract. Ifthe Contractor is delayed at any time in the progress of his work by any act or negligence of the Owner, his employees or his separate contractor, by changes ordered in the work; by abnormal weather conditions; by any causes beyond the Contractor's control or by other causes deemed justifiable by Owner, then the contract time may be reasonably extended in a written order from the Owner upon written request from the contractor within ten days following the cause for delay. UTILITIES Temporary utilities services are fumished at contractor's expense unless otherwise noted. (i.e.; power, water, sewer, steam, telephones, portable toilets, trash containers, etc.) INSTRUCTIONS FOR WORKING ON COUNTY PROPERTY a) Parking & Traffic Construction that will block facility traffic flow/close street requires one- week written notice to the Public Building Manager. b) Decorum It is illegal for any person to have firearms, alcoholic beverages, drugs (except those prescribed by a physician) on County property. Violators will be reported to local law enforcement. c) Behavior Indecent language, harassing "cat" calls or whistles, etc., will not be tolerated. Violators will be removed from county property immediately; questions will be asked Iater. Proper dress is required, long pants and shirts will be worn at all times. Loud music is not permitted. d) Use of Building Contractor personnel are not permitted to use Buildings/Facilities for restrooms, eating, or leisure activity. Unless prior approval is granted by County Representative. e) Locate for Utilities When digging or trenching on or adjacent to County property, a 48-hour notice is required to locate existing underground utilities. Contractor must contact the Public Works Department (252-648-7878) as well as the NC One Call Center (1-800-632-4949) for public utilities. Disruption of Utilities When any underground utilities or unusual conditions are damaged or encountered, contact the Public Works Department (252-648-7878) immediately. The Public Works Department will investigate and advise as needed. Contractor must have personnel available to effect immediate repair. Ifdamage occurred due to failure of the County to properly locate utilities, the contractor will be reimbursed. Planned Outages Outages needed to allow contractor to complete or perform work, must be scheduled with the Public Buildings Department (252-648-7877). One-weck written notice is required for all outages. h) Access to Buildings Access to perform work in a building after normal working hours (8:00 a.m. to 5:00 p.m. Monday Friday) must be coordinated through the Public Buildings Department with 24 hours in advance. Exterior work performed after normal working hours should also be reported to the Public Works Department 24 hours in advance. Carteret County Government Health Department Generator Replacement RFP 10 MINORITY BUSINESS PARTICIPATION a) Iti is the intent ofthe County to encourage Contractors in making every effort to utilize Minority Business Enterprises for subcontracted work. The County has established efforts to record participation of such Enterprises by the attached "Appendix E - MBE DOCUMENTATION FOR CONTRACT PAYMENTS", Thc Contractor shall include the attached Appendix E with each pay application. b) Bidders can use the Office for Historically Underutilized Business website htp.l/www.doastate-ne.us/doahub) to locate HUB contractors. C) Nothing in these guidelines shall be construed to require contractors or awarding authorities to award contracts or subcontracts to or to make purchases of materials or equipment from minority- business contractors or minority-business subcontractors who do not submit the lowest responsible, responsive bid or bids. E-VERIFY EMPLOYER COMPLIANCE The contractor represents and covenants that the contractor and its subcontractors comply with the requirement of Article 2 of Chapter 64 of the North Carolina General Statutes (NCGS). In this E-Verify Compliance scction, "contractor" "its subcontractors" and "comply" shall have the meanings intended by NCGS 153A-499 (b). The County is relying on this section in entering into this contract. The parties agree to this section only to the extent authorized by law. Ifthis section is held to be unenforceable or invalid in whole or in part, it shall be deemed amended to the extent necessary to make this contract comply with NCGS 153A-499 (b). SUPERINTENDENT The Contractor shall employ a competent superintendent who shall represent the Contractor and have the authority to make field decisions necessary for performing the work. Competency must be demonstrated by performing high quality construction work on time according to Contractor's approved schedule. County reserves the right to require replacement of the superintendent by Contractor without explanation from the County. INDEMNIFICATION The Contractor will indemnify and hold the County harmless from any and all liability, expense,judgment, suit, or cause of action for personal injury, death, or direct damage to tangible property which may accrue against the County to the extent iti is caused by the negligence ofContractor, or its Sub-Contractors, or their employees or agents, while performing duties under this Agreement, provided that the County gives the Contractor prompt, written notice of any such claim or suit. TERMINATION Carteret County Government shall have the right to terminate this contract immediately by written notice to the Contractor if the Contractor fails to execute the services promptly and to Carteret County Governments satisfaction, or fails to perform any obligation imposed by any provisions ofthis Contract. In the event of termination for default, Carteret County Government has against the Contractor all remedies provided by law and equity. Carteret County Government Health Department Generator Replacement RFP 11 PERFORMANCE AND PAYMENT BONDS A Performance Bond is not required. A Payment Bond is not required. PRE-CONSTRUCTION CONFERENCE The owner may require a pre-construction conference to review project with contractor. Date will be set after award of contract. PROJECT SCHEDULE The owner may require a project schedule to show dates for planned work phases and completion date. SUMMARY OF PAPERWORK Prior to Award 1 - Submit Certificate of Insurance for liability and Worker's Compensation. 2- - Submit Iran Divestment Act Certification. 3 Submit breakdown of materials, labor and tax on a company letterhead. After Award 1- Submit Project Schedule 2 + Submit completed Sales Tax Summary and Detail forms, statc "Nonc" if applicable. Final Payment 1 Submit invoice only after work is complete. 2- Submit completed Sales Tax Summary and Detail forms, state "None" if applicable. 3 - Submit Contractor' 's Warranty Letter, state date of acceptance agreed with owner. 3- Submit Contractor's. Affidavit Letter. Carteret County Government Health Department Generator Replacement RFP 12 IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY N.C.G.S. 147-86.59 As of the date listed below, the vendor or bidder listed above is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 147-86.58. The undersigned hereby certifies that he or she is authorized by the vendor or bidder listed above to make the foregoing statement. VA 5-14-25 Signature Date PAy wesds Orolak MAmegN PrintedName Title Notes to persons signing this form: N.C.G.S. 147-86.59(a) requires this certification for bids or contracts with the State of North Carolina, a North Carolina local government, or any other political subdivision of the State of North Carolina. The certification is required at the following times: When a bid is submitted When a contract is entered into (ifthe certification was not already made when the vendor made its bid) When a contract is renewed or assigned N.C.G.S. 147-86.59(b) requires that contractors with the State, a North Carolina local government, or any other political subdivision of the State ofNorth Carolina must not utilize any subcontractor found on the State Treasurer's Final Divestment List. The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the address wwwAnaswsEsom.len and will be updated every 180 days. Carteret County Government Health Department Generator Replacement RFP 13 PROJECT TITLE: HeNh depoAmmt Month/Date /Year SUBCONTRACTOR: N/H DESCRIPTION OF WORK: FEDERAL ID #: NC CONTRACTOR LISCENSE #: STREET ADDRESS: CITY, STATE, ZIP: EMAIL ADDRESS: FIELD CONTACT AND CELL #: SUBCONTRACTOR: DESCRIPTION OF WORK: FEDERAL ID #: NC CONTRACTOR LISCENSE #: STREET ADDRESS: CITY, STATE, ZIP: EMAIL ADDRESS: FIELD CONTACT. AND CELL #: Carteret County Government Health Department Generator Replacement RFP 14 PROPOSAL AND CONTRACT Carteret County Government Health Department Generator Replacement The undersigned, as bidder, proposes and agrees ifthis proposal is accepted to contract with Carteret County for the furnishing of all materials, equipment, labor and tax necessary to complete the Carteret County Health Department Generator Replacement described in these documents in full and complete accordance with requirements, specifications, and contract documents, and to the full and entire satisfaction of Carteret County for the sum of: $45,256.66 Contractor: R & TI Power Systems Federal D#:24-1934713 By: Ray urods wimpludung Title: Qunucl Scruize wan. (Owner, partner, corp. Pres. or Vice President) Address: Z4 Jacob dr morchead dily IJO 28557 Attest: (corporation) Email Address: Roy.vle Bliprgkns (Corporate Seg!) By License #: L.10734 Title: Copentionssercay/Asrt Secretary.) IN 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 (Seal) RiTfwer Systens Contractor gluyuadg Althorized Representative (Seal) Jult. Woods Printed Name DNAR! Of6Ce manager 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 Sharon Griffin County Manager/County Attorney NORTH CAROLINA COUNTY OF CARTERET GOVERNMENT I, al Notary Public of the State and County aforesaid certify that Sharon Griffin acknowledged that she is the Interim County Manager of County ofCarteret, and that authority duly given as the act of the Board signed the foregoing instrument signed in its name by the Interim County Manager, sealed with its corporate seal. WITNESS my hand and official seal, this day of 2025 Notary Public My Commission expires: R AMENDMENT NUMBER 1TO THIS BID DOCUMENTS Amendment Date: May 7, 2025 Carteret County Health Department Generator Replacement A. This Amendment shall be considered part of the bid document 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. It will be construed that each bidder's proposal is submitted with full knowledge of all modifications and supplemental data specified herein. Service Agreement (listed below) Exceptions to the Sample Service Agreement. Attached is a sample Service Agreement that describes the County's terms and conditions. The successful firm will be required to enteri into a Service Agreement. Any exceptions to the terms and conditions of the Agreement must be documented and submitted in this Section. In addition, any additional language, tems or conditions must be submitted in this section. BIDDER MUST ACKNOWLEDGE THIS AMENDMENTBY SIGNING BELOW AND ATTACHING THE SIGNED AMENDMENT TO THE BID FORM: Company Name R4T 0 1 252-743 0139 pouarsyckns Contact Person Day wwds C752-723 0245 Signature Date 5-14-25 Ashley Bennett, Purchasing Agent Carteret County Government SAMPLE ONLY - do not fill in AGREEMENT FOR SERVICES THIS AGREEMENT FOR SERVICES ("Agreement") is made this JofL 2025 (the "Effective Date'), by and between the County of Carteret, a North Carolina municipal corporation (the "County"), and [SERVICE PROVIDER), a(n) [STATE OF SERVICE PROVIDER'S NCORPOPATONORGZATON [SERVICE PROVDER'S TYPE OF BUSINESS ENTITYI2 ("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 and inferred therefrom or customarily provide int 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: SECTIONI. 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 ofi 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 cirçumstances be construed to make the County and Service Provider joint venturers, partners, or parties to similar relationships with each other. SECTION II. PROVISION OF THE SERVICES 1Eg. "Acme Consulting, Inc.", "XYZI 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 entityi if Service Provider is an entily (e.g.. "Acme Consulting, Inc." rather than "Acme Consulting"). 2E.g.. corporation, professional corporation, limited liability company, professional limited liability company, limited liabity partnership, etc. Note that the legal name should give some indication regarding the type of entily-le. "Inc." or "Corp." or "Corporation" = ac corporation; "LLC": = a limited liability company; "LLP = al limited liability partnership. If Service Provider is an individual, replace the last two bracketed placeholders in this paragraph with the following: "individual resident of the State of [SERVICE PROVIDER'S STATE OF RESIDENCET. A. Provision 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 andlor fixed amounts set forth on Exhibit A, with the total payment to Services Providers under this Agreement not to exceed C. Additional Services- Any work required by the County but which goes beyond the scope oft the services will be classified as "Additional Services. . Additional Services will be negotiated on an individual project basis and, ifsuch negotiations are successful, will be governed by an amendment to this Agreement or a new separated agreement between the Parties. SECTION II. 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. Ifi no such schedule is set forth on Exhibit 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 tot 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. Int 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. Itshall 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 fais 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 ofs 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 tot 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) toi irrevocably assign to the County, in each case without additional consideration, all right, title, and interest throughout the world 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 gover. 9. Service Provider's right to reimbursement for travel costs, ifany, 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 it by the County. during Service Provider's provision of the Services. 11. Prior to provision of the Services, Service Provider shall, by written notice tot the County, designate a 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. Ifthe 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 Responsibillties 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 Countly 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, fiexibility, 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 oft this Agreement (the "Term') will commence ont 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 concems 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 lock 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 shall 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 ori 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 int 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 tot 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 thereofi 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 wrilting of any reduction, cancellation or substantial change of policy or policies at least thirly (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 hold 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, costs, or expenses of whatever kind, including reasonable attomeys' 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 propertly resulting from the wilful, 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 fa 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 or specified by Service Provider in writing, fthe 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 tot 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 fori its convenience upon notice to Service Provider. Ift this 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. 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 at third party or otherwise. E. Survival. The rights and obligations of the Parties set forth in this Section VIL.E and Section I.B, Section IILA8, Section V, Section Vi, Section VI.C, Section VIL.D, Section VII, 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 thati it currently complies with the requirements of Article 2 of Chapter 64 oft 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 oft the North Carolina General Statutes. Service Provider's breach of its representations, warranties, and/or covenants in this Section VIILA shali 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 tot 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 the implied warranties of merchantability andi fitness for a particular purpose, which are hereby incorporated by reference with respect to the Services, Service Provider further represents and warrants toi the County that: 1. itshall perform the Services using personnel 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 anyi 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 specifiçations 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 Information to any third party without the prior written consent of the County; provided, however, that Service Provider may disclose the Confidential Information toi its Personnel and legal advisors whol 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) toi immediately notify the County int 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 () reasonable assistance, at the County's sole cost and expense, in opposing such disclosure 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 suchi 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 criminal by a federal or state enforcement, regulatory, administrative, or liçensing 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 Exhibit 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) andi 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, ifn 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 confict 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 oft 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 oft 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 (ie., 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. Severabilty. 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 oft 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 ofi 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 govemed, interpreted, construed, andi regulated byt the laws of the State of North Carolina without giving effect to its principles regarding conficts 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,if 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-prevaling 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 IIL.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 entitled 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 entited 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 ori in equity, subject to any express exclusions or limitations int 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 oft the other Party. . Amendments and Waivers. This Agreement may be amended, modified, or supplemented only by an agreementi 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): Ifto 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 ori 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, withouti 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, t being understood that all such Deliverables or other work product is the exclusive property of the County. 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 ini 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. R 31172713 B E IN WITNESS WHEREOF, this Agreement is entered into by the Parties as of the Effective Date. The County of Carteret By: Name: Title: Preaudit Certificate This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Dee Meshaw, Deputy County Manager Service Provider: IfService Provider is an entity: If Service Provider is an individual: [LEGAL NAME OF SERVICE PROVIDER) By: Signature Name: Print name: [LEGAL NAME OF SERVICE PROVIDER] Title:, Service Provider's address for notices: Attn.: R and T Power Systems Phone: (252)773-0739 211 Jacob Dr mogrpowerytems.com R&TF POWER Unit B mps-impowenystemacon) SYSTEMS Morehead City, NC 28557 Bill to Ship to Carteret County Health Department Carteret County Health Department 3820 Bridges St Ste A 3820 Bridges St Ste A Morehead City, NC 28557 Morehead City, NC 28557 Job Name: Quote Date: 5/12/2025 Quote #: q7879 Quote Expiration Date: 6/11/2025 Sales Rep: Item Description Quantity Price Amount 000 Kohler KG 100R 120-208 with 350 amp 1 $37,595.00 $37,595.00 MLB and steel enclosure 521 FSG Generator Field Service Generator Service- Labor 24 $150.00 $3,600.00 Service per work summary This is to remove and replace the old unit on the pad that is already in place and hook the new unit to existing wiring. This will also include the labor to hook unit to the gas that is already there on site, all parts and materials will be included in this est. Gencontract Yearly Generator Service Contract: 3 $400.00 $1,200.00 Includes labor, oil, oil filter, spark plugs. Does not include battery. Disclaimer **Note: Delivery estimate is 4-6 weeks 1 $0.00 $0.00 upon acceptance of estimate. Electrical and gas estimates are ESTIMATES only and are 6-8 weeks out from day of delivery. You are not on their schedule until unit is in place. Contractors are responsible for all permits Dates are subject to change or delays may occur due to unforeseen events, weather, permitting office, or electric companies. Initial: Credit Card Fee Ify you choose to pay using credit/debit 1 $0.00 $0.00 card there will be a 3% transaction fee. Greensky Financing, will a 9% transaction fee. Page 1 of 2 R and T Power Systems Phone: (252) 773-0739 211 Jacob Dr miogrpowesystems.com R&TPOWER Unit B mtpsimpowenystemscon) SYSTEMS Morehead City, NC 28557 Item Description Quantity Price Amount Acceptance/Deposit Signed estimatelagreement must be sent in 1 $0.00 $0.00 to ensure placement on the delivery schedule. Initial: Deposit is required at time of acceptance or the day we deliver the unit, no exceptions. ( 12RCA $4000.00, 14RCA $4500.00, $5500.00 for 20RCA, $6500.00 for a 26RCA, Initial Amount signature: Please Initial and Sign Both Places to Confirm you understand we will collect a deposit day of delivery if not already received by sales rep day of site visited. "If R&T is not helping with electrical or gas all equipment must be paid in full at time of delivery. signature Accepted 1 $0.00 $0.00 By: By signing estimate, you have agreed upon terms and conditions of said estimate and placement of generator. Subtotal: $42,395.00 Tax: $2,861.66 Total: $45,256.66 Payments: $0.00 By signing this estimate, you have agreed upon terms and conditions of said estimate and placement of generator. Signature: Page 2 of 2 CARTERET COUNTY GOVERNMENT Phone: 252-648-7877 R9 Health Department Generator Replacement Bid Tab Bid closing date: May 14, 2025 @ 9:00 AM EST. Company Base Bid Alternate No.1 R&T Power Systems $43,975.66 $1,200.00 Simpson Electrical $79,036.07 $4,200.00 Pinam Construction $86,783.66 $4,500.00 Davies Contracting $69,150.00 N/A Alternate Bid #1 - The Contractor shall provide a three (3); year maintenance agreement from the date of the acceptance ofthe working generator. During this period of fthree years, the Contractor shall be responsible for all parts and labor. Mailing: 5231 Business Drive Newport, NC 28570 Location: 5231 Business Drive Newport, NC 28570 IV. Consent Agenda 11. Approval of the Three-Year Contract with Total Insight Screening to Provide Employee Background Checks, and Drug/Alcohol Screenings, Do-Not-Exceed $150,000 Matt Reynal 3820 Bridges Street, Suite B Assistant County Manager Morehead City, NC 28557 tiomganoumpeg" Bus: 252-515-3456 CARS MEMORANDUM Date: June 16, 2025 To: Carteret County Board of Commissioners From: Dwayne Eury, Director of Safety & Security Cc: Sharon Griffin, County Manager / County Attorney Matt Reynal, Assistant County Manager Heather Daigle, Human Resources Director Re: Award of RFP: Background Checks, Drug & Alcohol Screenings to Total Insight Screening This is a request for the Board of Commissioners to approve a three-year contract with Total Insight Screening effective July 1, 2025, to provide background checks and drug and alcohol screening services to Carteret County Government. Annual expenditures are based on an "as needed" service and the total expenditures during the life of the agreement will not exceed $150,000. The structure ofthis contract allows Human Resources and Safety & Security departments to conduct background checks for new hires, DOT/CDL Driver drug and alcohol screenings, safety sensitive position random drug screenings, and post-accident drug and alcohol screenings. There were fourteen bid responses to the RFP. Ofthe fourteen, the field was narrowed down to the top three best bid responses. A Forced Choice Matrix was utilized to determine the highest score and final choice, which was Total Insight Screening. Carteret County Courthouse .302 Courthouse Square e Beaufort, North Carolina 28516 AGREEMENT FOR SERVICES THIS AGREEMENT FOR SERVICES ("Agreement), is made this [1) day of [JULY], [2025] (the "Effective Date"), by and between the County of Carteret, a North Carolina municipal corporation (the "County"), and [TOTAL INSIGHT SCREENING)1, a(n) [STATE OF FLORDIA] [INC]2 ("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 and 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 II. 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"). 21 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-i.e., "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 of the State of [SERVICE PROVIDER'S STATE OF RESIDENCE!. A. Provision 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 $150,000. 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 III. 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 Exhibit 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 shal! 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 world 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 gover. 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 it 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 a 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. Ifthe 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, fexibility, 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 settied, Service Provider shall 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 hold 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, costs, or expenses of whatever kind, including reasonable attoreys' 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 underi 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 or 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. If this 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. C. 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 VI.E and Section L.B, Section IL.A.8, Section V, Section VI, Section VI.C, Section VIL.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 of 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 VII.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 the 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 personnel 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 fuli completion of the Services. D. Confidential Information. Service Provider agrees: (a) not to disclose or otherwise make available Confidential Information to any third party without the prior written consent of the County; provided, however, that Service Provider may disclose 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 disclosure 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 criminal 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 Exhibit 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 of 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, if 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 II.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 entitled 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): If to the County: The County of Carteret Purchasing Department 302 Courthouse Square Beaufort, NC 28516 Ift to 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 ay 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. ISIGNATURES BEGIN ON THE NEXT PAGE] IN WITNESS WHEREOF, this Agreement is entered into by the Parties as of the Effective Date. The County of Carteret By: Name: Title: Preaudit Certificate This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Dee Meshaw, Deputy County Manager Service Provider: If Service Provider is an entity: If Service Provider is an individual: [LEGAL NAME OF SERVICE PROVIDER] Total Insight Screening By: ry Signature Name: Brandi Hilborn Print name: [LEGAL NAME OF SERVICE PROVIDER] Title: Senior Director of Operations Service Provider's address for notices: One Beach Drive SE Saint Petersburg, FL 33701 Attn.: Brandi Hilborn / Total Insight Screening Exhibit A TAL SIGHT SCR - ENTING because Hccuracy MMyers RFP Response to Carteret County North Carolina Background Checks, Drug and Alcohol Screenings Submitted by Total Insight Screening Brandi Hilborn Sr. Director of Operations One Beach Drive SE Saint Petersburg, FL 33701 800-795-0994 Ext. 231 mNlmeasEsnse www.tiscening.com Table of Contents Letter of Interest Page 3 Descriptions of Qualifications and Experience Page 5 Scope of Services Page 8 Conclusion Page 10 Attachments Fee Schedule Total Insight Screening Master Fee List Organizational Chart and Key Management Resumes Data & Physical Security Policy Disaster Recovery and Business Continuity Plan Information Security Breach Policy Privacy Policy April 30, 2025 Carteret County North Carolina Office of the Carteret County Purchasing Agent 210 Turner Street Beaufort, NC 28516 Reference: RFP Background Checks, Drug & Alcohol Screenings To Whom It May Concern, With twenty-three years of experience, Total Insight Screening understands the value in having a true partner when it comes to background screening. We strive to exceed our clients' expectations daily by delivering quality information in a timely manner all while ensuring maximum compliance is met per FCRA standards. We further ourselves from the competition by providing white-glove client care and one hour response times to all client inquiries. Ify you want a screening partner who positively cares about your applicants' screening experience and delivers quick, accurate results, look no further than Total Insight Screening! We are committed to adding exceptional value to your screening process by: Complying with all FCRA federal, state and county criminal reporting guidelines Assigning an Advanced FCRA Certified Account Rep to act as your go-to who is committed to a one-hour response time Offering you an instant to 72 business hour TAT on completed reports that are sent directly to your inbox *any delays will be proactively communicated by your Rep Adding value by including certain data (Sex Offender Registry, Office of Inspector General, etc..) in our National Criminal Search and not charging you separately No fee markup Easy to use data entry platform offering built in Authorization and Disclosure Forms and Adverse Action process Simple to read completed reports Customization to meet your needs The enclosed RFP response shows our experience in delivering the best within our industry and we hope to earn the right to become your background screening partner! Thank you for your consideration. Best, B40u Brandi Hilborn Sr. Director of Operations One Beach Drive SE Saint Petersburg, FL 33701 800-795-0994 Ext. 231 mmesasaww Descriptions of Qualifications and Experience Total Insight Screening opened its doors back in 2002 and has continued to assemble a team committed to accuracy and client care. We have two office locations in Florida as outlined below: Headquarters One Beach Drive SE Saint Petersburg, FL 33701 Secondary Office Location 15614 E Dr MLK. Jr Blvd Dover, FL 33527 Our team is comprised of roughly 90 members who have all earned the Advanced FCRA Certification and Researcher Provider Certification through our industry leader, the Professional Background Screening Association (PBSA). These certifications show our commitment to education and our understanding oft the use of criminal records in the employment screening process. All certifications are required within 90 days of employment. Each location is housed with teams who efficiently process and deliver the requested services, all of which Include services outlined in this RFP's scope of work. A lst of our services offered is outlined below, a full detailed list can be made available upon request: Criminal records to include county, state, and federal level Civil records to include both county and federal level Credit Reports Motor Vehicle Records Drug screening to include pre-employment, random, suspicion, industry specific, etc. E-Verify Verification Services to include Education Verification, Employment Verification, References, License Verification, Fingerprinting, CPS Check, etc. International Searches Industry Specific to include DOT, Health, Education, Financial, etc. We successfully serve clients of all sizes, in multiple industries, and continue to receive positive feedback on their experience with us. The scope and size of this RFP project is well within our means to successfully deliver expectations. Please see clients listed below with similar scope of work whom we've served for many years. Please reach out to them directly for additional details and feedback if desired. Hillsborough County, Florida (client since 2023) Simone Smith @ ReNthsswhaes Charleston County Park and Recreation Commission, South Carolina (client since 2021) Christine Volousky @ olousy@scpis.com City of Boerne, Texas (client since 2021) Susan Finch @ lincheometise Walton County Clerk of Courts and County Comptroller, Florida (client since 2021) Crystal Sconiers @ contuhewalondeikom *More references can be made available upon request. The project timeline is completely flexible to meet your needs. Our team can be made available for as many meetings, trainings, and onboarding sessions as necessary. There is no charge for onboarding aside from the one-time site inspection fee if running credit reports. Example Timeline Demo of platform (if required) (30 minutes) introductory meeting objectives include meeting the team, outline onboarding steps, discuss customized account needs, set up trainings, etc. (1 hour) Credentialing- Internal process for confirming your permissible purpose for obtaining consumer reports (completed in 1 day) Account Set Up with customization, packages, users, etc. (completed in 1 day) Testing of Account (completed same day as Account Set Up) Training of the portal - We can hold as many trainings as necessary, and even additional trainings further down the line if new hires join your team. All training courses are free. (30 minnutes) Final Meeting review all account set up details, user access received, final questions, etc. Go Livel - Your Rep will be available for any assistance, questions, help as needed. *In total your account can be set up and active within 5 business days. *North Carolina licensing can be made available upon award of RFP. Scope of Services Responses provided to lettered statements outlined in RFP- A. Total Insight Screening is a reliable, trustworthy and compliant under the FCRA and delivers comprehensive background checks that include the capability of checking county, state, and federal records. B. We will provide all available, reportable, information pertaining to state and federal reporting guidelines under the FCRA. We can customize your account to include all the locations your applicant has resided in since the age of 18 or the past 7 years, whichever comes first. D. All required Authorization and Disclosure forms are built into the applicant data entry process and are housed with their report in the platform for review or audit purposes as needed. E. All information outlined is required at the time of applicant data entry. Note: We do not rely upon the applicant to provide a full address history as this is pulled from the Social Security Trace. This prevents the applicant from leaving out any areas where records could potentially exist. F. You are required to enter your applicant's first name, last name, and email address, then select the appropriate package or services required for said applicant and the system will then send your applicant an email with links to our platform and instructions on how to complete the data entry process. A demo is available ofthis process upon request. G. Our reports are user friendly and easy to read and understand, but we do have available documentation that covers the language of criminal reports if needed. H. As sample background check with the services outlined is available upon request. . We utilize Digital Delve as our background screening platform. All actions are processed, delivered, and stored electronically and meet all security standards surrounding personal identifying information including SOC2. J. Any report that will go beyond 72 business hours will be proactively communicated to you by your assigned Rep to include the reason for delay and the expected estimated time for completion. K. Our entire team is Advanced FCRA Certified, and we comply and follow all local, state, and federal FCRA reporting guidelines. This includes sending of the 613 letter to your applicant at time of completion if any adverse information is being reported, offering free copies of a completed report to the applicant including any required attachments such as the Summary of Rights and any location specific documentation dependent upon your applicant's location, to the built-in Adverse Action process that offers the sending of both Pre and Post Adverse action letters at the click of a button. L. Total Insight Screening agrees to indemnify and hold harmless and defend Carteret County Government North Carolina against all claims of whatever kind arising out of its negligence regarding the contract and to provide evidence of insurance naming as additional insured County of Carteret as required. M. Total Insight Screening agrees to meet all industry required security levels of protecting personal consumer identifying information. Please see our security policies attached in relation to security and breach of information. We further agree to the offer to provide copies of all requests as needed for the specified timeframe outlined in this RFP. N. The volume stated is well within our means to successfully deliver and exceed expectations outlined in this RFP. 0. We offer free training on how to utilize our platform, share and update you on information surrounding the FCRA and reporting guidelines and provide samples of 613 letters, Adverse Action Letters and any other necessary communications that your applicant might experience. We are unable to play any part in the hiring decision and will always revert applicants back to you for those types of conversations per CRA standards under the FCRA. P. We are available at your convivence. Q. The timeline of the contract is acceptable if awarded. R. Our platform offers a dashboard with multiple metrics and prebuilt reporting functionality, Custom reporting can be created within the platform, or your assigned Rep can deliver these to you as needed. S. All listed drug screenings are offered and available. Pre-employment scheduling occurs at the time the applicant completes data entry and passports are sent to them via email and/or text. The system will pull the closest location to their home address entered for convenience of the applicant. The passport provided houses the clinic location information and offers barcode functionality which allows the clinic to scan the passport for applicant data and service requests which prevents the applicant from having to complete any paperwork at the clinic upon arrival. Manual ordering is also available through the portal at any given time for necessary tests such as suspicion or post-accident. The passport process is still in play even with manual ordering, 50 no physical paper must be passed amongst you and the applicant and remains electronic. Screenings can be edited, rescheduled, or location can be changed as needed by your assigned Rep. We partner with eScreen (Abbott Labs) for all drug testing needs, and they offer more than 5,000 clinics nationwide for ease of scheduling and convenience. They are the industry leader in DOT and non-DOT drug testing and compliance. You can learn more at wwwE escreen com. In review of the Agreement for Services, the outlined contract is agreeable and will be signed upon award of contract. Conclusion All information provided in this RFP response is true and accurate to the best of my knowledge. I further acknowledge all exceptions to the minimum specifications, terms, and conditions of this proposal on behalf of Total Insight Screening. BAG Brandi Hilborn Sr. Director of Operations One Beach Drive SE Saint Petersburg, FL 33701 800-795-0994 Ext. 231 aNb-messxon TOTALASCREENING Attachment A, Fee Schedule Hourly Rates (if applicable) Positions (if applicable) Hourly Rate Exhibit A Proposed Deliverables (Attach Additional Information if needed.) The proposed deliverables andi fees will be finalized in the negotiation process. The plescreaningveificaton hourly fee schedule will be used as a basis to establish costs for deliverables. Type of Search Costs Explanation, Comments County Criminal Records Price quoted does not Include any county fees. See attached fee fist Misdemeanorifelony convictions; 4.00 for more détails. Alias names can be run for an addifonal $4 par Pending charges name/pers sparch. Statewide Criminal Records Price quoted does not include any statewide fees. See attached Convictions throughout the state 5.00 fee list for more details. Allas names can be run for an additional $4 pernamalper: search. Federal Criminal Records Districtnational search; does not Allas names can be ran for an additional $4 per name/per search. 6.00 appear in statewide/counly, search Nationwide Criminal Record Alias names can be run for an: additional $4 per name/per search. Criminal records in all 50 states; 6.00 felonies only or felonies & misdemeanors Civil Records Price quofed does nol include any county fees. Spe attached fee Candidates having history of 6,00 list for additional details. Alais names can be run for an additional suing or being sued by employer $4 per nane/per serach. Sex Offender Registry 0.00 This is incldedi Ins our Nationwide Criminal Search. No additional Probation/Parole Records charge. Candidates who have been jailed or received parole or probation be Any Includedi probation ini or the parole original details county, provided state or on federa a crirhinal search. record No will as result of 0.00 additional charge to receive this type ofi information. criminal conviction; can be searched at county, state, federal levels Credil Report Reveals financial stability, 7.50 discloses unreported employers 12 Unique requirements by Vendor one-time $62 site inspection fee to secure Credit Report Social Security Verfication Validity ofa candidate's SS# 1.50 Residency History Detailed list of previous 0.00 This informiation is provided in our SSN Verification search. No additional charge for this information. addresses Major Metropolitan Criminal If additional counties are needed to be added perMETRO Records 4.00 guldeline dfa surrounding county, these will follow the normal County + surrounding counties charge forla counly search being $4. Allas nameso can be run for as defined by metro area an additional $4 per name/per search. Motor Vehicle Records Druglalcohol reiated traffic Price quoted does not include any state MVR fees. See attached violations, moving violations, 4.50 fee list for more detalls. accidents, status/type of license, physical restrictions Employment & Reference Verification 6.00 Price quoted does not include any 3rd pary fees (such as The In-depth review of candidate's Work Number). We can customize your account id! bypass 3rd job performance nquiry tailored fees andy work directily with your applicant to obtair W2, paystub or payroll information to valldate employment if desired. to County's specific needs) Dates of attendance, dept. of study, status of degree 6.00 Price National quoted Sludent does not Include any 3rd party fees (such as The Clearinghouse). Professional License Verification Existence/status of professional 6.00 license Our platfornhas a bulti linAdverse Actiong process that Is simple Fair Credit Reporting Act to use for drealing and sending letters via mail or email. The Assistance with applying 0.00 system such willalso attach required supporting dopumenfation as the Summary 5 of a the completed Pre-Adverse /Adverse Process background check, etc. The system 7 also sendy youa a Other Fees and Services (ist) notificationvia email when Ris tme to send out the second letter. See attached Fee List. We can conduct this on your behalf If needed, but you must initiate the process ins writing vias email communication to your Inspector General Reports Rep. 0.00 This is includedins our National Criminal Search No additional Drug Screenings charge for this information, DOT Drug & Alcohol $80 DOT Drug $36 FOR ALL DRUG TEST QUOTES: Price quoled is for In Network DOT Alcohol $44 only. Adationalfees can apply for Teriro or out or Network. MRO 5F Panel $35 midmPiasawA Non-DOT Panel + Oxy $39 13 TOTALASCREENING County Criminal & Civil Court Fees State County County Fee Civil Fee AL AIl $1.00 $0.00 America Samoa All $145.00 $259.00 AR Bradiey $6.00 $0.00 Calhoun $5.00 $0.00 Carroll $1.00 $0.00 Chicot $5.00 $0.00 Clark $10.00 $0.00 Clay $12.00 $0.00 Clebume $5.00 $0.00 Conway $5.00 $0.00 Cross $10.00 $0.00 Desha $5.00 $0.00 Frankiin $5.00 $0.00 Grant $10.00 $0.00 Greene $5.00 $0.00 Hempslead $5.00 $0.00 Howard $1.00 $0.00 lzard $6.00 $0.00 Jellerson $5.00 $0.00 Johnson $5.00 $0.00 Lalayelle $5.00 $0.00 Lawrence $5.00 $0.00 Lee $20.00 $0.00 Miller $5.00 $0.00 Mississippi $4.00 $0.00 Nevada $6.00 $0.00 Newion $10.00 $0.00 Ouachila $5.00 $0.00 Perry $5.00 $0.00 Phillps $5.00 $0.00 Pope $3.00 $0.00 Randoiph $6.00 $0.00 Sharp $6.00 $0.00 SIFrancis $5.00 $0.00 Washinglon $5.00 $0.00 Yell $3.00 $0.00 CA Alpine $15.00 $15.00 DelNorte $0.00 $0.00 Humboll $0.00 $0.00 Imperial $15.00 $15.00 Inyo $15.00 $15.00 Kern $15.00 $0.00 King $15.00 $0.00 Lake $15.00 $15.00 Lassen $15.00 $15.00 LosAngeles $4.25 $4.25 Marin $0.00 $0.00 Mariposa $15.00 $15.00 Mendocino $0.00 $0.00 Modoc $15.00 $15.00 Mono $15.00 $15.00 Plumas $15.00 $15.00 Sacramento $15.00 $15.00 San Benito $0.00 $0.00 SanLuisObispo $0.00 $0.00 Sierra $15.00 50.00 Trinily $15.00 $15.00 Tuolumne $0.00 $0.00 Venlura $0.00 $15.00 CO AlICounties $2.20 $2.20 Denver $5.70 $5.70 FL Suwannee $20.00 $20.00 Taylor $20.00 $20.00 Guam Al $0.00 $0.00 HI Al Countles $5.00 $0.00 ID AICountles $2.00 $0.00 L Fulton $10.00 $10.00 LA Evangeline $6.00 $0.00 Tensas $20.00 $0.00 Cameron $20.00 $0,00 Catahoula $20.00 $0.00 Orleans $10.00 $0.00 ME AI $31.00 $20.00 MI Aicona $20.00 $20.00 Alger 520.00 $20.00 Antim $0.00 $0.00 Arenac $20.00 $20.00 Baraga $0.00 $0.00 Bary $0.00 $0.00 Benzie $20.00 $20.00 Berrien $10.00 510.00 Branch $20.00 $20.00 Cass $0.00 $0.00 Charleyok $10,00 $10.00 Chippewa $0.00 $0.00 Cheboypan $5.00 $5.00 Clare $22.00 $22.00 Crawlord $0.00 $0.00 Della $40,00 $40.00 Dickinson $20.00 $20,00 Emmet $10.00 $10.00 Glacwn $16.00 $16.00 Gogeblc $0.00 $0.00 GrandTraverse $0.00 $0.00 Hilsdale $20.00 $20.00 Houghton $0.00 $0.00 Huron 515.00 $15.00 lonia $8.00 58.00 losco $10.00 $10.00 Iron $40.00 $40.00 Jackson $0.00 $0.00 Kalbaska $10.00 $10.00 Kowoenaw $20.00 $20.00 Lake $0.00 $0.00 Leelanau $0.00 $0.00 Mackinac $20.00 $20.00 Macomb $0.00 $0.00 Manistee $20.00 $20.00 Marquatte $0.00 $0.00 Mecosta $5.00 $5.00 Menominee $12.00 $12.00 Midland $20.00 $20.00 Missaukee $5.00 $5.00 Montcalm $19.00 $0.00 Montmorency $10.00 $10.00 Newaygo $0.00 $0.00 Oceana $10.00 $10.00 Ogemaw $5.00 $5.00 Ontonagon $30.00 $30.00 Oakland $4.50 $0.00 Osceoia $5.00 $5.00 Oscoda $20.00 $20,00 Olsego $6.00 $5.00 Presque Isle $D.00 $0.00 Roscommon $10.00 $10.00 StJoseph $0.00 $0.00 Schoolcraft $20.00 $20.00 Shlewassee $0.00 $0.00 Tuscola $10.00 $10.00 Van Buren $0.00 $0.00 MS Benton $10.00 $10.00 George $10.00 $10.00 Groene $10.00 $10.00 Hancock $10.00 $10.00 Madison $6.00 $6.00 Perry $15.00 $15.00 Stone $10.00 $10.00 Tippah $2.60 $2.50 Warren $5.00 $5.00 MT Beaverhead $27.00 $27.00 BigHorn $42.00 $42.00 Blaine $17.00 $17.00 Broadwater $17,00 $17.00 Carbon $27.00 $27.00 Carler $31.00 $31.00 Cascade $27.00 $27.00 Chouleau $17.00 $17.00 Custer $42.00 $42.00 Daniels $34.00 $34.00 Dawson $17.00 $17.00 DeerLodge $22.00 $22.00 Fallon $32,00 $32.00 Ferqus $37.00 $37.00 Flathead $42.00 $42.00 Garfeld $17.00 $17.00 Gallaln $20.00 $20.00 Glacier $37.00 $37.00 Goldeny Valley $42.00 $42.00 Granite 524,00 $24.00 Hill $34,00 $34.00 Jefferson $37.00 $37.00 JudhBasin $17.00 517,.00 Lake $27.00 $27.00 Lewis & Clark $34.00 $34.00 Liberly $17.00 $17.00 Lincoln $34,00 $34.00 Madison $17.00 $17.00 McCone $42.00 $42.00 Meagher $17.00 $17.00 Mineral $42.00 $42.00 Missoula $27.00 $27.00 Musseishel $42.00 $42,00 Park $42.00 $42.00 Pelroleum $24.00 $24.00 Philips $17.00 $17.00 Pondera $22,00 $22.00 PowderRiver $42.00 $42.00 Powell $42.00 $42.00 Prairle $37.00 $37.00 Ravall £22.00 $22.00 Richland $42.00 $42.00 Roosevell $22.00 $22.00 Rosebud $22.00 522.00 Sanders $42.00 $42.00 Sheridan $34.00 $34.00 Sverbow $27.00 $27.00 Sllwaler $31.00 $31.00 SweetGrass $34.00 $34.00 Teton $20.50 $20.50 Toole $32.00 $32.00 Treasure $42.00 $42.00 Valy $24.00 $24.00 Wheatand $34.00 $34.00 Wibaux $24.00 $24.00 Yellowstone $17.00 $17.00 NG AI $2.00 $2.00 NH Ali $20.00 $20,00 Hilsborough $40.00 $40.00 NJ Ail $4.00 $0.00 Northern Marlana Island AII $45.00 $49.00 NV Carson City $15.00 $15.00 Churchil 515.00 $15,00 Douglas $25.00 515.00 Eko $15.00 $15.00 Eemeralda $10.00 $1.00 Eureka $15.00 $15.00 Humbokt 510.00 $15.00 Lander $15.00 $15.00 Lincoin $15.00 $15.00 Lyon 515,00 $15.00 Mineral $15.00 $15.00 Nye $15.00 $15.00 Pershing $15.00 $15.00 Storey $15.00 $15.00 Washoe 510.00 $15.00 WhilePine $15.00 515.00 NY Alegheny $0.00 $0.00 Bronx $96.00 $0.00 Cayuga $95.00 $0.00 Chemung $25.00 $0.00 Clinlon $25.00 $0.00 Courtiand $25.00 $0.00 Erie $95.00 $0.00 Frankin $10.00 $0.00 Fuiton $25,00 $0.00 Hamiton $20.00 $0.00 Herkimer $500 $0.00 Kings $96.00 $0.00 Madison $25.00 $0.00 Monigomery $25.00 $0.00 Nassau $95.00 $0.00 NewYork $95.00 $0,00 Orleans $25.00 $0.00 Oswego $25.00 $0.00 Queens $95.00 $0.00 Rensselaer $25.00 $0.00 Richmond $95.00 $0.00 Schnectady $25.00 $0.00 Schuyler $10.00 $0.00 StLawrence $15.00 $0.00 Sleuben $25.00 $0.00 Tioga $25.00 $0.00 Tompkins $25.00 $0.00 Washingon $25.00 $0.00 Wyoming $15.00 $0.00 PA Indians $0.00 $6.25 PR AE $0.00 $0.00 SD AI $20.00 $20.00 TN Benton $5.00 $0.00 Biedsoe $5.00 $0.00 Carroll $0.00 $0.00 Calbome $10.00 $10.00 Houston $10.00 $0.00 Humphreys $10.00 $0.00 Johnson $10.00 $0,00 Knox $15.00 $0.00 Marion $3.00 $0.00 TX Hopkins $5.00 $5.00 Rofugio 510.00 $10.00 UT AI $0.15 $0.15 US Virgin! Islands All $35.00 $39.00 WA AIl $0.15 $0.15 WY All $20.00 $20.00 AddilionalFces May Apply.AI lees are subject lochange without notice. Statewide Fees State Fee Alabama $1.50 Arkansas $22.00 Colorado $6.70 Florida $25.00 Georgla $1.35 Hawali $5.00 Ilinols $10.00 Indiana $16.32 Kansas $30.00 Kentucky $25.00 Maine $31.00 Michigan $10.00 Missouri $15.55 Mississippi $15.00 Monlana $20.00 New Hampshire $25.00 New Jersey $4.00 Nevada $20.00 New York $95.00 Rhode Island $7.00 South Carolina $26.00 South Dakola $20.00 Tennessee $29.00 Texas $4.00 Vermont $30.00 Washinglon $1.80 "Additional Fees May Apply AII fees are subject lo change without notice. Motor Vehicle Report Fees State TAT State Fee Years ReportedRelease AK Inslant $10.00 AL Inslant $9.75 AR Inslant $12.70 Americas Samoa 5-7Days $85.00 Outside Vendor AZ Inslant $6,00 Instant $8.00 5 CA Instant $2.00 3 CO Inslan! $2.20 CT Instant $18.00 3 DE Inslant $15.00 3 District of Columbla Instant $13.00 3 FL Instant $8.02 3 Inslant $10.02 7 GA Inslan! $6.00 3 Inslant $8.00 7 Guam BWeeks $18.50 Guam Release Required HI Overnight $23.00 IA Inslan! $10.30 ID Instant $9.00 IL Inslant $20.00 3 IN Instant $7.50 10 KS Inslant $5.50 3 KY Instant $5.50 LA Inslant $6.00 3 MA Instant $8.00 3 MD Instan! $15.00 ME Instant $7.00 MI Instant $15.00 MN Inslant $5.00 MO Instant $5.80 MS Inslant $14.00 MT Instant $7.25 NC Inslant $12.75 ND Instant $3.00 3 NE Instant $7.50 NH Inslant $12.00 3 NJ Instant $12.00 NM Inslan! $6.50 3 NV Inslant $8.00 3 NY Inslan! $7.00 3 OH Inslant $5.00 3 OK Instant $27.50 3 OR Instant $13.99 3 PA Menual $14.00 3or1 10 PR 6 Weeks $13.81 PRI Release Required RI Inslan! $21.00 3 SC Instant $7.25 3or10 SD Inslant $5.00 TN Instant $7.00 3 TX Instant $6.50 US Virgin! Islands 6Weeks $10.50 U.S. Virgin Island Release Required UT Instant $11.00 VA Inslan! $7.00 3 VT Instant $14.00 WA Instant $10.00 WI Instant $5.00 WV Inslan! $9.00 WY Inslant $10.00 3 "Adlitional Fees May Apply. AII fees are subjeci fo change withouf nolice. TOTALSCRENING President Vice President Accounting Dept Accounting Technology & Security Dept Sr. Director of Operations Director of Client Care Director of Compliance Director of Marketing Manager of Verifications Account Rep(s) Manager of Compliance Marketing Specialist(s) Sr Verification Specialist(s) Client Care Specialist Quality Assurance Specialist(s) Verification Specialist(s) *Mock representation of company layout for the purpose of this RFP. LAUREN ZULUAGA 3704 Gallagher Road, Dover, FL 33527 8133832197/tuuagaga@efiscgeeningcom SUMMARY - An innovative thinker with over 25 years' experience in the background screening industry. Leading by educating and motivating team members at all levels of the corporation. EXPERIENCE - PRESIDENT CRIMINAL RESEARCH & INVESTIGATIONS, INC. President Oversees all aspects of the organization with 4 Vice President direct reports. Responsible for the overall financial position of the company as well as the visionary that keeps CRI growing and relevant in a changing industry. PRESIDENT TOTAL INSIGHT SCREENING, INC. Founder and President Develops strategic vision and strategy of business operations while ensuring financial stability. Leads senior management ensuring alignment and compliance with company goals. EDUCATION ST PETERSBURG COLLEGE ASSOCIATE IN ARTS GENERAL STUDIES MAY 1982 CERTIFICATIONS/ PBSA (PROFESSIONAL BACKGROUND SCREENERS ASSOCIATION) LICENSES FCRA CERTIFIED PBSA PROVIDER CERTIFIED FLORIDA PRIVATE INVESTIGATORS LICENSE SEPTEMBER 2019 License # A 1900136 STACI LAIRD 9910 Peninsular Drive, Gibsonton, FL 33534 - 813-323-2626 SadaidePliserenaing.som wwwinkadincoml/tadaidcininirsara A dedicated working Executive with over 25 years experience in various areas of company start up, organization and corporate excellence. Always driving innovation while staying true to the core values of the organization and the background screening industry. EXPERIENCE 02/2002 PRESENT VICE PRESIDENT, TOTAL INSIGHT SCREENING, INC. Founder and integral partner in the initial corporate setup of the organization. Responsible for the Human Resources and Accounting functions while maintaining dedication to the overall success of the company. 02/2000 PRESENT EXECUTIVE VICE PRESIDENT, CRIMINAL RESEARCH & INVESTIGATIONS, INC. Responsible for the overall growth of the organization while maintaining strict adherence to Federal and State. guidelines. Oversee the success of all departments and provide direction to supervisors and managers. Direct the administrative functions of Human Resources, Accounting, Customer Service, Compliance and Research Departments. 08/1997-02/2000 DIRECTOR OF OPERATIONS, NORTH AMERICAN INFORMATION SPECIALISTS Directed all departments of the background screening organization to include Research and Administrative Departments. Additional responsibilities included seeking out sales leads and closing new accounts, maintaining accurate corporate accounting and training all client services team members. 08/1992-08/1997 MARKETING PROGRAMS CORDIMATOR/XECUTIVE ASSISTANT, THE EXECUTIVE COMMITTEE (TEC) Instrumental marketing team member responsible for the success of each markeling program from start to finish including event planning and execution. Promoted to Executive Assistant to the President. Maintained confidentiality while executing the duties of the position including drafting communications, organizing and leading meetings, setting policy for admin personnel and general administrative duties. 02/1988 02/1992 TM2, UNITED STATES NAVY Stationed in San Diego abord the USS Mckee as a Torpedoman. Quickly advanced to the Weapons Office as Administrative Assistant to the Weapons Officer. Deployed in support of Operation in 1991 in support of Operation Desert Strom/Desert Shield. EDUCATION AUGUST 1993 BBA, HUMAN RESOURCES, NATIONAL UNIVERSITY DECEMBER 2019 PROVIDER CERTIFIED, PROFESSIONAL BACKGROUND SCREENERS ASSOCIATION (PBSA) MAY: 2020 FCRA CERTIFIED, PROFESSIONAL BACKGROUND SCREENERS ASSOCIATION (PBSA) 2 Brandi Hilborn 7055 Saint Johns Road Elberfeld, In. 47613 615-293-8043 MeMManeNNg com Driven Director with 8 years of experience in the background screening industry. Committed to respecting and abiding by company values, remaining client focused in all actions, maximizing profits, and driving a team to success through continued education and training. Experience 2020 presen Sr DNecIPOpmLaNHe Total Insigh Scrmemng 2017 2020 Pinrtor DE - penons Referenr a Services & Invistigations Education 2007 BA: Westarn Kentucky y Univarsity 2017-present Advanoedee RACeritier, The Protessional Background Screenine Association 2020 present Researc nes Frovide Martined, The Protessional Background Screening Association TOTAL-SCRENING TIS Data Security Policy Total Insight Screening ("TIS") is a Consumer Reporting Agency, as defined by the Fair Credit Reporting Act (15 U.S.CS 1681) ("FCRA"), of domestic information for processing background screening for employment or other permissible purposes under the FCRA or other applicable law. TIS is committed to protecting the privacy of individuals who are the subject of a background check performed for employment purposes, tenant screening or other permissible purposes under the FCRA. TIS takes reasonable steps to ensure that personal information it collects and uses is relevant to its intended use, is accurate, complete, and current. This Data Security Policy covers our procedures for the receipt, processing, security, delivery and disposal of information, and applies to data that we collect from clients, job applicants and other sources as well as information developed internally. This policy also accompanies our Information Security Brief. Security of Data TIS has taken appropriate steps to ensure the security of PII from loss, misuse, disclosure, unauthorized access, alteration or untimely destruction. We implement a variety of physical, electronic and administrative procedures to safeguard the information we collect. Access to PII is restricted to individuals who need it to perform work functions. Existing protection includes the screening of all TIS employees, not just those handling data, as well as electronic and physical protective measures to guard the data. We require our contracted service providers (Public Records Researchers) to protect PII and we perform a vetting process on any PRR prior to using their services. All clients are subject to a due diligence investigation to confirm that they are a legitimate business before they are allowed access to our system to order background checks. All supplied sensitive information is transmitted via Secure Socket Layer (SSL) technology and then protected by AES base64 encoded 128-bit encryption of data. Data is only accessible by those authorized with special access rights to such systems, and who are required to keep the information confidential. Our data servers located at Digital Realty in AZ are backed up 10 times daily; nine are incremental and one is a full backup. Data for TIS's office environment is incrementally backed up every four hours and at an offsite location, with AE256 encryption. The Digital Realty facilities make use of a full array of security tools including bollards, mantraps, access control systems and surveillance systems to make certain that data is protected from unexpected incidents or criminal activity. This strong defense environment acts as a fortress around critiçal equipment and data. Digital Realty has incorporated specifications into the design and management of their security systems that meet the rigid standards incorporated into the most relevant data center compliance programs, including SOC2, PCI-DSS and ISO 27001. Their data centers also uphold safety requirements for fire protection and additionally provide reliable power supplies, adequate dlimate-controlled environment, appropriate protection from intruders and 24/7 live surveillance and security teams. Additionally, please refer to TIS INFORMATION SECURITY BRIEF for more information. Employee Access & Security Oure employees access data through secure virtual desktop interfaces and our online interfaces are encrypted, password-protected and monitored. All employees are trained annually on data protection security best practices and policies, including the locking of computer screens when stepping away from their desk and a 'clean desk policy that requires all sensitive information to be locked away when not being processed, even if the employee only leaves their desk for a very short time. Managers and supervisors do 'walk throughs' multiple times per day to ensure compliancy. Employees are also required to change their passwords every 90 days and passwords are strictly confidential. Physical Security Our office is secured by locked windows and doors, an intrusion detection system and over twenty security cameras, providing 24/7 video surveillance. Keys are only given to Sr. Management personnel and employees are not allowed in the building after business hours without a Sr. Manager present. Visitors are only allowed in the reception area of TIS and must sign in and provide valid ID. They are not allowed to access any area beyond the reception area unless they are attending a meeting, during which time they will be chaperoned by a TIS Manager and will not have access to any area containing PII or other security sensitive information, be it consumer or client. Physical documents that contain sensitive data or personal identifying information are retained for 30 days or as required by law to meet FCRA or other legal obligations, in a locked file, then placed in locked shred bins for later disposal, following FTC disposal requirements. Electronic records remain accessible by key employees. Ifyou have any questions about this Data Security Policy, please contact us by email at comebac@larulse or by phone at 1-800-795-0994. TOTALSSCRENING TIS Disaster Recovery & Business Continuity Plan Total Insight Screening ("TIS") is a Consumer Reporting Agency, as defined by the Fair Credit Reporting Act (15 U.S.C S 1681) ("FCRA"), of domestic information for processing background screening for employment or other permissible purposes under the FCRA or other applicable law. (TIS) is committed to protecting our employees, the privacy of individuals who are the subject of a background check performed for employment purposes, tenant screening or other permissible purposes under the FCRA and ensuring reliable business operations for our clients. Overview & Objective This Disaster Recovery & Business Continuity Plan covers the protection and security of data, safety of our employees and serves as an internal directive for managing disasters or other disruptions of business, including the COVID19 pandemic. The objective of this document is to provide detail regarding the recovery of critical business functions in managing and supporting the business recovery in the event of a facilities or data disruption or disaster, This can include short or long-term disasters or other disruptions, such as fires, floods, earthquakes, explosions, terrorism, tornadoes, hurricanes, extended power interruptions, hazardous chemical spills, and other natural or man-made disasters, This document does not encompass our step by step internal actions and tasks, such as protocol for employees exiting the building during a disaster or the details of physically moving employees to a facility if necessary, but rather focuses data security and recovery and recovery time. Our full plan is provided for internal use. The priorities in a disaster situation are to: Ensure the safety of employees and visitors in the office buildings. Mitigate threats or limit the damage that threats can cause. Have advanced preparations to ensure that critical business functions can continue. Have documented plans and procedures to ensure the quick, effective execution of recovery strategies for critical business functions. Data Security & Recovery TIS's backup data is encrypted and stored in a multiple locked locations. Internal backups are performed four times daily on office data as well as 10 backups per day by our platform provider & their data facility, Digital Realty. The Digital Realty facilities make use of a full array of security tools including bollards, mantraps, access control systems and surveillance systems to make certain that data is protected from unexpected incidents or criminal activity. This strong defense environment acts as a fortress around critical equipment and data. Digital Realty has incorporated specifications into the design and management of their security systems that meet the rigid standards incorporated into the most relevant data center compliance programs, including sOC2, PCI-DSS and ISO27001. Their data centers also uphold safety requirements for fire protection and additionally provide reliable power supplies, adequate climate-controlled environment, appropriate protection from intruders and 24/7 live surveillance and security teams. Int the event of a catastrophic primary database failure, we expect virtually no loss of data. Recovery Time Objective Our recovery time objective is 24 hours or less. In practice, in the event of a catastrophic primary database failure, we expect failover to happen within two to five minutes. General Business Function Recovery On-site (Headquarters Facility) The strategy is to recover critical administration, research and QA business functions at corporate headquarters. The building has been wired with the proper electric cabling and quick connect for an external generator to power the building. The 35 KW generator creates ample power to run the entire building with all computers, networks and ancillary devices on and processing. In addition to the main internet provider, a backup satellite internet provider is in place to supply the office with the necessary internet connection Relocation Strategy and Alternate Business Site In the event of a disaster or disruption to the office facilities, the strategy is to recover operations by relocating to an alternate business site. The short-term strategies (for disruptions lasting two weeks or less), which have been selected, include relocation to 1345 Falkenburg Road, Tampa, FL: 33619. The long-term strategy will be to acquire/lease and equip new office space in another building int the same metropolitan area. Employees Working from Home In such case where it is critical, as in the case of the COVID19 pandemic, TIS allows employees to work from home, All security measures, secured equipment and protocol are in place for accessing Information securely to perform job functions. Pandemic Response In the event of a Nationwide or Regional health pandemic, TIS will take the following steps: Follow all CDC, State & Federal guidance with regular conversation with employees regarding the event. Inform clients of any change in business protocol, court closures or researcher delays as a result of the pandemic via TIS daily email updates. Ensure all employees have the necessary tools to work from a remote or alternate location. TOTAL-SCRENING TIS Information Security Breach Policy Total Insight Screening ("TIS") is a Consumer Reporting Agency, as defined by the Fair Credit Reporting Act (15 U.S.C 5 1681) ("FCRA"), of domestic information for processing background screening for employment or other permissible purposes under the FCRA or other applicable law. (TIS) is committed to protecting the privacy of individuals who are the subject of a background check performed for employment purposes, tenant screening or other permissible purposes under the FCRA. TIS takes reasonable steps to ensure that personal information it collects and uses is relevant to its intended use, is accurate, complete, and current. We have also taken appropriate steps to ensure the security of PII from loss, misuse, disclosure, unauthorized access, alteration, or untimely destruction. However, If a data breach should occur, this Data Breach Protocol Policy covers our procedures and responsibilities for notifying consumers of a breach of their personally identifiable information (PI). Identifying PII All 50: states, the District of Columbia, Guam, Puerto Rico and the Virgin Islands have data breach laws that require a business to notify individuals and in some cases, state agencies, of a security system breach resulting in the exposure of "personally identifying information" or "PII". The definition of PII varies from state to state and is defined differently depending upon the jurisdiction and regulation. The main Federal privacy regulation for background screeners in the U.S. Is the Fair Credit Reporting Act (FCRA). The FCRA does not define PII, but rather uses the term "consumer's fle". The Consumer File is defined as, "all of the information on that consumer recorded and retained by a consumer reporting agency.. ". Other U.S. regulations call out higher levels of protections for information that could be used in fraud, including identity theft, such as the person's name plus their Social Security Number, driver's license number, or financial numbers. In some states, healthi insurance, medical, or biometric (fingerprints) information is required to have these higher protection levels. This is considered Sensitive Personally Identifiable Information or SPII. Security Breach Laws Security breach laws typically have provisions regarding who must comply with the law (e.g. businesses, data/ information brokers, government entities, etc.); definitions of "personal information" (e.g., name combined with SSN, driver's license or state ID, account numbers, etc.); what constitutes a breach (e.g., unauthorized acquisition of data); requirements for notice (e.g., timing or method of notice, who must be notified); and exemptions (e.g., for encrypted information). Legal Notification Requirements State data breach laws require a business to provide notification to affected individuals as soon as 30 days of the breach or as soon as reasonably practicable, depending on the state. The laws will provide the terms of the notice and the delivery method. Some states require state agencies to be notified of a breach such as the state Attorney General when a certain number of state residents are affected by the breach or in some states, more broadly as, if the business operates in the state. State Notification Requirements Listed below are the current state security brief information law references & links. State Citation Alabama Ala Code S 8-38-1 et seg. Alaska Alaska Stat. S 1548.010 et seq. Arizona Ariz. Rev. Stat. S 18-545 Arkansas Ack. Code SS 4-110-101 etseq. California Cal. Civ. Code SS 1798.29, 1798.82 Colorado Colo Rev. Stat S 6-1-716 Connecticut Conn. Gen Stat. S5 36a-701b, 4e-70 Delaware Del. Code tit6.5 12B-101 et sey. Florida Fla. Stat. SS 501.171, 282.0041, 282.31802100 Georgia Ga Code SS 10-1-910, -911, -912; S 46-5-214 Hawaii Haw. Rev. Stat. S 187N-Let sey. Idaho Idaho Stat. SS 28-51- 104 1o 107 Illinois 815 ILCS SS 530/1 la 530/25 Indiana Ind. Code SS et seg 2449et seg lowa Iowa Code SS 71561.71502 Kansas Kan. Stat. S 50-7a01 RLSEg. Kentucky KRS S 365. 732. KRSS SS 61.9311061.934 Louisiana La. Rev. Stat. 5S 51:3071r seq. Maine Me. Rev. Stat. tit. 105 1346 et seq. State Citation Maryland Md. Code Com. Law SS 14-3501 et seq., Md. State Govt Code 55 10 1301 Te 1308 Massachusetts Mass. Gen. Laws 5 931 I et sey Michigan Mich. Comp. Laws 55 145.63, 445.72 Minnesota Minn. Stat. SS 325E61, 325E.64 Mississippi Miss Code $ 75-24-29 Missouri Mo. Rev. Stat. S 107.1500 Montana Mont. Code S5 2:6-1501 o 1503. 30-14170Let: sag, 33 19-321 Nebraska Neb. Rev. Stat. 55 87-801 at seu. Nevada Nev. Rev, Stat. SS 603A.010 et seg, 242.183 New Hampshire N.H. Rev. Stat. SS 359-012. 359-20, 359021 New Jersey N. Stat 5 56:8-161, 163 New Mexico 2017H.B 15. Chap. 36 (effective 6/16/2017) New York NY Gen. Bus Law S 899-AA, NY State Tech. Law 208 North Carolina N.C. Gen. Stat SS 7561, 75-65 North Dakota N.D. Cent. Code SS 51:300Let seq. Ohio Ohio Rev. Code 55 1347.12, 1349.19, 1349.19L 1349.192 Oklahoma Okla. Stat. SS 743113.1 24 Lol 10 166 Oregon Oregon Rev. Stat. SS 6464.600 o 628 Pennsylvania 731 Pa Stat 55 2301 et seq. Rhode Island R.I. Gen. Laws SS 493-Letseg. South Carolina S.C. Code S 39-1-90 South Dakota S.D. Cod. Laws S5 20-40-20 to -46 (2018 SB. 62) Tennessee Tenn Code S5 47-18-2107; ;8-4-119 State Citation Texas Tex. Bus. & Com. Code S5 521002, 521.053 Utah Utah Code SS 13-4410Ler seg Vermont Vt. Stat. tit 9552430. 2435 Virginia Va. Code 55 182186.6, 32.1-127.1.05 Washington Wash. Rev. Code SS 19255.010, 12.56.590 West Virginia W.V. Code SS 164-2A 101 etaes, Wisconsin Wis. Stat. S 134.98 Wyoming Wyo. Star S5 40-12-501 etseq. District of Columbia DE Code SS 28- -3851 et seq., 2020R215 Guam 9 GCA 55 48-10 et sea. Puerto Rico 10 Lawsol Puertokico SS 4051 et seq. Virgin Islands KL Code tit. 14,55 2208, 2209 TIS Notification Protocol TIS will notify the consumer as soon as it has validated a security brief has occurred, immediately or in a timely and expedient fashion, following all State requirements. TIS will also provide informational resources to the cons sumer regarding identity theft remedies and freezing consumer credit. TIS Responsible Party for Reporting & Notification Deb Keller, Chief Compliance Officer will be the key contact for establishing internal protocol, communicating with the consumer as well as any external applicable data or public record providers. The Director of Compliance will assist with any related responsibilities as designated by CCO. Ifyou have any questions about this Data Security Policy, please contact us by email at CoasenKeSEIKCEANECON: or by phone at 1-800-795-0994. TOTALAMSCREENING TIS Privacy Policy Total Insight Screening ("TIS") is a Consumer Reporting Agency, as defined by the Fair Credit Reporting Act (15 U.S.CS 1681) ("FCRA"), of domestic information for processing background screening for employment or other permissible purposes under the FCRA or other applicable law. (TIS) is committed to protecting the privacy of individuals who are the subject of a background check performed for employment purposes, tenant screening or other permissible purposes under the FCRA. TIS takes reasonable steps to ensure that personal information it collects and uses is relevant to its intended use, is accurate, complete, and current. This Privacy Policy covers our procedures for the receipt, processing, security, delivery and disposal of information, and applies to data that we collect from clients, job applicants and other sources as well as information developed internally. Collection and Use of Data Types of Data Collected Personal Data TIS collects Personally Identifiable Information ("PII") and other intormation in connection with our services. Such PII may include, but is not limited to: Firstr name and last name Social Security Number Date ofBirth Address, State, Province, ZIP/Postal code, City Email address Phone number Driver's License Number Prior to performing any background screening services TIS requires that employers must certify in writing that they will comply with The FCRA and all applicable state and federal laws. The certification also includes a stringent employer vetting process, validating business credentials and permissible purpose as well as a certification that employer will not attempt to obtain a background check without making the required disclosures to an applicant and without obtaining the applicant's prior written consent on said forms, as well as informing the applicant of their rights by providing a copy of, or electronic access to, the Summary of Rights Under the Fair Credit Reporting Act. Employers must also consent to random audits by TIS to ensure proper consumer consent is being obtained. Other data that may be collected to perform background checks The specific type of consumer information that will be çollected is driven by the type of background check ordered by the employer, but In addition to PII may include: Right to work/work permit information 1-9i information Education history and qualifications Employment history Personal and Professional references Professional qualifications and/or licenses with professional bodies Publicly sourced information Criminal history Financial information such as credit history, bankruptcy or financial judgements (when applicable and permitted by law) Appearance on global sanctions or terrorist watch lists Driving Record Information In addition to the information described above, additional information may be required per individual states or jurisdictions which may include but not limited to: Special authorization forms required by a government entity Academic documents such as diplomas and transcripts Application forms Driving Record State releases Any additional requirements will be communicated by TIS and reason for the document explained Use and Disclosure of Data TIS collects PII from applicant information entered in our system by employers to perform background checks. That PII is then used to perform background screening searches which include but are not limited to criminal record databases, public records and other necessary third parties as permitted by law. In order to perform background checks or other permissible services, TIS may use PII to verify an individual's identity, perform address history searches, perform business due diligence and for other business-related purposes. We may share PII with: Our clients (employers or other entities with legally permissible purposes) Researchers working on our behalf State and federal government authorities or law enforcement agencies Other persons and entities as in the good faith belief that such action is necessary to comply with a court order, legal obligation, to prevent or investigate possible wrongdoing in connection with our service, or to protect against legal liability. Personally Identifiable Information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without consent, other than for the express purposes outline previously. Additionally, TIS will not send PII outside of the U.S. unless an international search is performed by an employer or other entity with a permissible purpose who has obtained the consent of the consumer/applicant While most work is performed by our employees or authorized personnel who access personal information directly from our systems and whose activities are under our direct control, we use third-party service providers, such as court researchers, for certain specialized tasks and services we perform for our clients. Retention of Data TIS does not maintain a commercial database of consumer information. TIS retains PII only for as long as is necessary for the purposes set out in this Privacy Policy. We will retaln and use PII to the extent necessary to comply with our legal obligations (e.g., If we are required to retain data to comply with applicable laws), to resolve disputes, allow for audits and enforce our legal agreements and policles. Destruction of consumer information is in accordance with the FTC's disposal requirements. Security of Data TIS has taken appropriate steps to ensure the security of PII from loss, misuse, disclosure, unauthorized access, alteration or untimely destruction. We implement a variety of physical, electronic and administrative procedures to safeguard the information we collect. Access to PII is restricted to individuals who need it to perform work functions. Existing protection includes the screening of all TIS employees, not just those handling data, as well as electronic and physical protective measures to guard the data. We require our contracted service providers to protect PII and all clients are subject to a due diligence investigation to confirm that they are a legitimate business before they are allowed access to our system to order background checks. All supplied sensitive information is transmitted via Secure Socket Layer (SSL) technology and then protected by AES base64 encoded 128-bit encryption of data. Data is only accessible by those authorized with special access rights to such systems, and who are required to keep the information confidential. Our servers and offices are located within a locked and alarmed facility which is regularly monitored to prevent unauthorized access to our premises. Our employees access data through secure virtual desktop interfaces and our online interfaces are encrypted, password-protected and monitored. All employees are trained annually on data protection security best practices and policies, including the locking of computer screens when stepping away from their desk and a 'clean desk' policy that requires all sensitive information to be locked away when not being processed, even if the employee only leaves their desk for a very short time. Managers and supervisors do 'walk throughs' multiple times per day to ensure compliancy. Physical documents that contain sensitive data or personal identifying information are retained for 30 days in a locked file, then placed in locked shred bins for later disposal, following FTC disposal requirements. Electronic records remain accessible by key employees. Individual Rights Upon proper identification, consumers who are the subject of a background check have the right to access and receive a free copy of the report (containing PII) and including any records TIS used to conduct their background check. And, upon proper Identification, TIS will take reasonable steps to permit individuals to correct, amend, or delete Information that is demonstrated to be inaccurate or incomplete, following all laws regarding the handling and disputing of consumer information. Instructions for disputing a background check are posted on our website and may also be obtained by calling our Compliance Department at 1-800-795-0994 or emailing us at omplarceePlixtenios: com, You may also write to us using the mailing address in the Contact Us section of this policy. Changes to This Privacy Policy TIS reserves the right to update this Privacy Policy at any time and will post notices on our website at the time of any material changes. Changes are effective whent they are posted on the website. Contact Us lfyou have any questions about this Privacy Policy, our practices or to obtain information regarding the event ofa a compromise of your information, please contact us: By email: mgacelIkIRswN Byp phone: 1-800-795-0994 By mail: Compliance, Total Insight Screening, 15614 Dr MLK. Jr Blvd., Dover, FL33527 Option 1: $19.50 National Criminal Search County Criminal Search (includes ALL counties your applicant has resided in the past 7 years) Social Security Trace Option 2: $24.00 National Criminal Search County Criminal Search (includes ALL counties your applicant has resided in the past 7 years) Social Security Trace Motor Vehicle Report Option 3: $30.00 National Criminal Search County Criminal Search (includes ALL counties your applicant has resided in the past 7 years) Social Security Trace Motor Vehicle Report Education Verification Option 4: $66.00 National Criminal Search County Criminal Search (includes ALL counties your applicant has resided in the past 7 years) Social Security Trace Motor Vehicle Report Education Verification DOT 7 Panel Option 5: $65.00 National Criminal Search County Criminal Search (includes ALL counties your applicant has resided in the past 7 years) Social Security Trace Motor Vehicle Report Education Verification Non-DOT 5 Panel *Alias names can be completed for an additional $4 per name/per search. Any criminal records access fees or third-party fees that might exist are not included in the package price quoted. The option to configure any number of packages to include any necessary services is available. NORTH CAROLINA Department of the Secretary of State CERTIFICATE OF AUTHORITY I, ELAINE F. MARSHALL, Secretary of State of the State ofl North Carolina, do hereby certify that TOTAL INSIGHT SCREENING INC. having filed on this date an application conforming to the requirements of the General Statutes ofNorth Carolina, a copy of which is hereto attached, is hereby granted authority to transact business in the State ofNorth Carolina. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 22nd day ofMay, 2025. blan ig Scan to verify online. Waslale Secretary of State Document Id: C202514201339 Verify this certificate online at pwvaegphwticise AGREEMENT FOR SERVICES THIS AGREEMENT FOR SERVICES ("Agreement) is made this [1] day of [JULY], [2025] (the "Effective Date"), by and between the County of Carteret, a North Carolina municipal corporation (the "County"), and [TOTAL INSIGHT SCREENING)1, a(n) [STATE OF FLORDIA] [INCI2 ("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 and 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 II. PROVISION OF THE SERVICES 1E.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-ie., "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 of the State of [SERVICE PROVIDER'S STATE OF RESIDENCE). A. Provision 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 $150,000. C. Additional Services- Any work required by the County but which goes beyond the scope of the services will be classified as "Additional Services. 1 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 III. 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 Exhibit A, the Services shall be provided within a reasonable time established by the County. Service Provider agrees to provide progress reports regarding its performance oft the Services in a format acceptable to the County and at intervals established by the County. The County will be entitied 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", H 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 world 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 gover. 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 it 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 a 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. Ift 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 shall 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. Ali insurance policies shalf 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 hold 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, costs, 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 or 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. If this Agreement is terminated by the County pursuant to this Section VIL.B, Service Provider shall be paid for the portion of Services satisfactorily performed through the effective time of such termination. C. 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 VI.E and Section I.B, Section IL.A.8, Section V, Section VI, Section VI.C, Section VII.D, Section VIlI, and Section X, and any right or obligation of the Parties in this Agreement which, by its nature, should survive termination or expiration of this Agreement, will survive any such termination or expiration of this Agreement. SECTION VII. 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 VII.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 the 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 personnel 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 Information to any third party without the prior written consent of the County; provided, however, that Service Provider may disclose 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 disclosure 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 criminal 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 Exhibit 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 other documents incorporated herein by reference, constitutes the sole and entire agreement of any 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 such provision. any 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 of 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, if 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 VIII.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 entitled 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 Parly 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): If 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 conceming 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. - 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. ISIGNATURES BEGIN ON THE NEXT PAGE] IN WITNESS WHEREOF, this Agreement is entered into by the Parties as of the Effective Date. The County of Carteret By: Name: Title: Preaudit Certificate This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Dee Meshaw, Deputy County Manager Service Provider: If Service Provider is an entity: If Service Provider is an individua!: [LEGAL NAME OF SERVICE PROVIDER] Total Insight Screening By: ry Signature Name: Brandi Hilborn Print name: [LEGAL NAME OF SERVICE PROVIDER] Title: Senior Director of Operations Service Provider's address for notices: One Beach Drive SE Saint Petersburg, FL 33701 Attn.: Brandi Hilborn / Total Insight Screening Exhibit A TAL NSGHT SCR ENTNG = Secause Hccureçy MMayers RFP Response to Carteret County North Carolina Background Checks, Drug and Alcohol Screenings Submitted by Total Insight Screening Brandi Hilborn Sr. Director of Operations One Beach Drive SE Saint Petersburg, FL 33701 800-795-0994 Ext. 231 HondiNhmeasenhssen wwwatiscening.com Table of Contents Letter of Interest Page 3 Descriptions of Qualifications and Experience Page 5 Scope of Services Page 8 Conclusion Page 10 Attachments Fee Schedule Total Insight Screening Master Fee List Organizational Chart and Key Management Resumes Data & Physical Security Policy Disaster Recovery and Business Continuity Plan Information Security Breach Policy Privacy Policy April 30, 2025 Carteret County North Carolina Office of the Carteret County Purchasing Agent 210 Turner Street Beaufort, NC 28516 Reference: RFP Background Checks, Drug & Alcohol Screenings To Whom It May Concern, With twenty-three years of experience, Total Insight Screening understands the value in having a true partner when it comes to background screening. We strive to exceed our clients' expectations daily by delivering quality information in a timely manner all while ensuring maximum compliance is met per FCRA standards. We further ourselves from the competition by providing white-glove client care and one hour response times to all client inquiries. If you want a screening partner who positively cares about your applicants' screening experience and delivers quick, accurate results, look no further than Total Insight Screening! We are committed to adding exceptional value to your screening process by: Complying with all FCRA federal, state and county criminal reporting guidelines Assigning an Advanced FCRA Certified Account Rep to act as your go-to who is committed to a one-hour response time Offering you an instant to 72 business hour TAT on completed reports that are sent directly to your inbox *any delays will be proactively communicated by your Rep Adding value by including certain data (Sex Offender Registry, Office of Inspector General, etc..) in our National Criminal Search and not charging you separately Not fee markup Easy to use data entry platform offering bullt in Authorization and Disclosure Forms and Adverse Action process Simple to read completed reports Customization to meet your needs The enclosed RFP response shows our experience in delivering the best within our industry and we hope to earn the right to become your background screening partner! Thank you for your consideration. Best, B40y Brandi Hilborn Sr. Director of Operations One Beach Drive SE Saint Petersburg, FL 33701 800-795-0994 Ext. 231 Bomahlmelsasulissww Descriptions of Qualifications and Experience Total Insight Screening opened its doors back In 2002 and has continued to assemble a team committed to accuracy and client care. We have two office locations in Florida as outlined below: Headquarters One Beach Drive SE Saint Petersburg, FL 33701 Secondary Office Location 15614 E Dr MLK Jr Blvd Dover, FL 33527 Our team is comprised of roughly 90 members who have all earned the Advanced FCRA Certification and Researcher Provider Certification through our industry leader, the Professional Background Screening Association (PBSA). These certifications show our commitment to education and our understanding oft the use of criminal reçords in the employment screening process. All certifications are required within 90 days of employment. Each location is housed with teams who efficlently process and deliver the requested services, all of which include services outlined in this RFP's scope of work. A list of our services offered is outlined below, a full detailed list can be made available upon request: Criminal records to include county, state, and federal level Civil records to include both county and federal level Credit Reports Motor Vehicle Records Drug screening to include pre-employment, random, suspicion, industry specific, etc. E-Verify Verification Services to include Education Verification, Employment Verification, References, License Verification, Fingerprinting, CPS Check, etc. International Searches Industry Specific to include DOT, Health, Education, Financial, etc. We successfully serve clients of all sizes, in multiple industries, and continue to receive positive feedback on their experience with us. The scope and size of this RFP project is well within our means to successfully deliver expectations. Please see clients listed below with similar scope of work whom we've served for many years. Please reach out to them directly for additional details and feedback if desired. Hillsborough County, Florida (client since 2023) Simone Smith @ betlsmsoes Charleston County Park and Recreation Commission, South Carolina (client since 2021) Christine Volousky @ colulyecer.com City of Boerne, Texas (client since 2021) Susan Finch @ slichebo-metuser Walton County Clerk of Courts and County Comptroller, Florida (client since 2021) Crystal Sconiers @ cotub@walendikemt *More references can be made available upon request. The project timeline is completely flexible to meet your needs. Our team can be made available for as many meetings, trainings, and onboarding sessions as necessary. There is no charge for onboarding aside from the one-time site inspection fee if running credit reports. Example Timeline Demo of platform (if required) (30 minutes) Introductory meeting objectives include meeting the team, outline onboarding steps, discuss customized account needs, set up trainings, etc. (1 hour) Credentialing- Internal process for confirming your permissible purpose for obtaining consumer reports (completed in 1 day) Account Set Up with customization, packages, users, etc. (completed in 1 day) Testing of Account (completed same day as Account Set Up) Training of the portal - We can hold as many trainings as neçessary, and even additional trainings further down the line if new hires join your team. All training courses are free. (30 minnutes) Final Meeting review all account set up details, user access received, final questions, etc. Go Livel - Your Rep will be available for any assistance, questions, help as needed. *In total your account can be set up and active within 5 business days. *North Carolina licensing can be made available upon award of RFP. Scope of Services Responses provided to lettered statements outlined in RFP- A. Total Insight Screening is a reliable, trustworthy: and compliant under the FCRA and delivers comprehensive background checks that include the capability of checking county, state, and federal records. B. We will provide all available, reportable, information pertaining to state and federal reporting guidelines under the FCRA. We can customize your account to include all the locations your applicant has resided in since the age of 18 or the past 71 years, whichever comes first. D, All required Authorization and Disclosure forms are built into the applicant data entry process and are housed with their report In the platform for review or audit purposes as needed. E. All information outlined is required at the time of applicant data entry. Note: We do not rely upon the applicant to provide a full address history as this is pulled from the Social Security Trace. This prevents the applicant from leaving out any areas where records could potentially exist. F. You are required to enter your applicant's first name, last name, and email address, then select the appropriate package or services required for said applicant and the system will then send your applicant an email with links to our platform and instructions on how to complete the data entry process. A demo is available of this process upon request. G. Our reports are user friendly and easy to read and understand, but we do have available documentation that covers the language of criminal reports if needed. H. A: sample background check with the services outlined is available upon request. 5. We utilize Digital Delve as our background screening platform. All actions are processed, delivered, and stored electronically and meet all security standards surrounding personal identifying information including SOC2, . Any report that will go beyond 72 business hours will be proactively communicated to you by your assigned Rep to include the reason for delay and the expected estimated time for completion. K. Our entire team is Advanced FCRA Certified, and we comply and follow all local, state, and federal FCRA reporting guidelines. This includes sending of the 613 letter to your applicant at time of completion if any adverse information is being reported, offering free copies of a completed report to the applicant including any required attachments such as the Summary of Rights and any location specific documentation dependent upon your applicant's location, to the built-in Adverse Action process that offers the sending of both Pre and Post Adverse action letters at the click of a button. L. Total Insight Screening agrees to indemnify and hold harmless and defend Carteret County Government North Carolina against all claims of whatever kind arising out of its negligençe regarding the contract and to provide evidence of insurance naming as additional insured County of Carteret as required. M. Total Insight Screening agrees to meet all industry required security levels of protecting personal consumer identifying information. Please see our security policies attached in relation to security and breach of information. We further agree to the offer to provide copies of all requests as needed for the specified timeframe outlined in this RFP. N. The volume stated is well within our means to successfully deliver and exceed expectations outlined in this RFP. O. We offer free training on how to utilize our platform, share and update you on information surrounding the FCRA and reporting guidelines and provide samples of 613 letters, Adverse Action Letters and any other necessary communications that your applicant might experience. We are unable to play any part in the hiring decision and will always revert applicants back to you for those types of conversations per CRA standards under the FCRA. P. We are available at your convivence. Q. The timeline of the contract is acceptable if awarded. R. Our platform offers a dashboard with multiple metrics and prebuilt reporting functionality. Custom reporting can be created within the platform, or your assigned Rep can deliver these to you as needed. S. All listed drug screenings are offered and available. Pre-employment scheduling occurs at the time the applicant completes data entry and passports are sent to them via email and/or text. The system will pull the closest location to their home address entered for convenience of the applicant. The passport provided houses the clinic location information and offers barcode functionality which allows the clinic to scan the passport for applicant data and service requests which prevents the applicant from having to complete any paperwork at the clinic upon arrival, Manual ordering is also available through the portal at any given time for necessary tests such as suspicion or post-accident. The passport process is still in play even with manual ordering, 50 no physical paper must be passed amongst you and the applicant and remains electronic. Screenings can be edited, rescheduled, or location can be changed as needed by your assigned Rep. We partner with eScreen (Abbott Labs) for all drug testing needs, and they offer more than 5,000 clinics nationwide for ease of scheduling and convenience. They are the industry leader in DOT and non-DOT drug testing and compliance. You can learn more at wwws escreen.com. In review of the Agreement; for Services, the outlined contract is agreeable and will be signed upon award of contract. Conclusion All information provided in this RFP response is true and accurate to the best of my knowledge. I further acknowledge all exceptions to the minimum specifications, terms, and conditions of this proposal on behalf of Total Insight Screening. BAU Brandi Hilborn Sr. Director of Operations One Beach Drive SE Saint Petersburg, FL 33701 800-795-0994 Ext. 231 Maa.MbaumélacEeaNEcwmN TOTALASCRENING Attachment A, Fee Schedule Hourly Rates (if applicable) Positions (if applicable) Hourly Rate Exhibit A Proposed Deliverables (Attach Additional Information if needed.) The proposed deliverables and fees will be finalized in the negotiation process. The prescreeningverlicaion hourly fee schedule will be used as a basis to establish costs for deliverables. Type of Search Costs Explanation, Comments County Criminal Records Price quoted does not Include any county fees. See attached fee list Misdemeanorifelony convictions; 4.00 for more details. Alias names can be runt for an addiional $4 per Pending charges name/per sparch. Statewide Criminal Records Price quotéd does not include any statewide fees. See attached Convictions throughout the state 5.00 fee list for more detalls. Allas names can be run for an additional SApero namel pers search Federal Criminal Records Districthational search; does not Allas names can be ran for an additional $4 per name/per search. appear in statewide/county 6.00 search Nationwide Criminal Record Alias names can be run for an additional $4 per name/per search. Criminal records in all 50 states; 6.00 felonies only or felonies & misdemeanors Civil Records Price quofed does nol include any county fees. Spe attached fee Candidates having history of 6.00 list for additional details. Alais names can be run for an additional suing or being sued by employer $4 per nane/per serach. Sex Offender Registry 0.00 This is Included Ins our Nationwide Criminal Search. No additional Probation/Parole Records charge. Candidates who have been jailed or received parole or probation bei Any included probation int the or parole original details county, provided state or on federa)s a crirhinal search. record No will as result of 0.00 additional charge to receive this type of information. criminal conviction; can be searched at county, state, federal levels Credit Report Reveals financial stablity, 7.50 discloses unreported emplayers 12 Unique requirements by Vendor one-time $62 site inspection fee to secure Credit Report Social Security Verification 1.50 Validity of a candidate's SS# Residency History This information is provided In our SSN Verification search. No Detailed list of previous 0.00 additional charge for this information. addresses Major Metropolitan Criminal Ifa fadditional counties are needed to be added perMETRO Records 4,00 guideline dfa a surrounding county, these will follow the normal County + surrounding counties charge fora county search being $4. Allas names'can be run for as defined by metro area an additional $4 per name/per search. Motor Vehicle Records Druglalcohol related traffic Price quoted does not include any state MVR fees. See atlached violations, moving violations, 4.50 fee list for more detalls. accidents, status/lype ofl license, physical restrictions Employment & Reference Verification 6.00 Price quoted does not include any 3rd pary fees (such as The In-depth review of candidate's Work Number). We can customize your account icbypass 3rd job performance (nquiry tailored fees and work directly with your applicant to obtairw2, paystub or payroll infomation to validate employment if desired. to Countys specilcr needs) Dates of attendance, dept. of study, status of degree 6.00 Price quoted does not include any 3rd party fees (such as The National Sludent Clearinghouse). Professional License Verlfication Existence/status of professional 6.00 license Ourp platforn has abulti tinAdverse Action process that Is simple Fair Credit Reporting Act tol use for dreating and sending letters via mail or émai. The Assistance with applying 0.00 such system as willalso the Summary atlach of required a supporting of the completed dopumeniation 1 Pre-Adverse Adverse Process background check, etc. The system also sendyoua Other Fees and Services (list) nolificationivia email when it is time lo send outt the second letter. See altached Fee List. We can conduct this on your behalf if needed, but tyour must initiate the processi inwritings via Lemail communication to your Inspector General Reports Rep. 0.00 Thisi is ncluded in our National Criminal Search. No additional Drug Screenings charge for thisi information, DOT Drug & Alcohol $80 DOT Drug $36 FOR ALL CRUG TEST QUOTES: Price quoled is for In Network DOT Alcohol $44 only. Additional fées can apply for Terior Out torNetwork. MRO p 5 Panel $35 Non-DOT Panel + Oxy $39 13 TOTALASCREEMING Counly Criminal & Civil Court Fees State County County Fee Civil Fee AL AII $1.00 $0.00 America Samoa AlI $145.00 $259.00 AR Bradiey $6.00 $0.00 Cahoun $5.00 $0.00 Carroll $1.00 $0.00 Chicot $5.00 $0.00 Clark $10.00 $0.00 Clay $12.00 $0.00 Clebume $5.00 $0.00 Conway $5.00 $0.00 Cross $10.00 $0.00 Desha $5.00 $0.00 Franklin $5.00 $0.00 Gran! $10.00 $0.00 Greene $5.00 $0.00 Hempslead $5.00 $0.00 Howard $1.00 $0.00 Izard $6.00 $0.00 Jellerson $5.00 $0.00 Johnson $5.00 $0.00 Lafayelle $5.00 $0.00 Lawrence $5.00 $0.00 Lee $20.00 $0.00 Miller $5.00 $0.00 Mississippl $4.00 $0.00 Nevada $6.00 $0.00 Newion $10.00 $0.00 Ouachita $5.00 $0.00 Perry $5.00 $0.00 Phillps $5.00 $0.00 Pope $3.00 $0.00 Randolph $6.00 $0.00 Sharp $6.00 $0.00 SIFrancis $5.00 $0.00 Washinglon $5.00 $0.00 Yell $3.00 $0.00 CA Alpine $15.00 $15.00 Del Norte $0.00 $0.00 Humboll $0.00 $0.00 Imperial $15.00 $15.00 Inyo $15.00 $15.00 Kern $15.00 $0.00 King $15.00 $0.00 Lake $15.00 $15.00 Lassen $15.00 $15.00 Los Angeles $4.25 $4.25 Marin $0.00 $0.00 Mariposa $15.00 $15.00 Mendocino $0.00 $0.00 Modoc $15.00 $15.00 Mono $15.00 $15.00 Plumas $15.00 $15.00 Sacramenlo $15.00 $15.00 San Benito $0.00 $0.00 SanluisObispo $0.00 $0.00 Slerra $15.00 $0.00 Trinily $15.00 $15.00 Tuolumne $0.00 $0.00 Venlura $0.00 $15.00 Co Al Countes $2.20 $2.20 Denver $6.70 $5.70 FL Suwannee $20,00 $20.00 Taylor $20.00 $20.00 Guam All $0.00 $0.00 HI AlI Countles $5.00 $0.00 ID AI Counties $2.00 $0.00 LL Fulon $10.00 $10.00 LA Evangeline $6.00 $0.00 Tensas $20.00 $0.00 Cameron $20.00 $0.00 Catahoula $20.00 $0.00 Orleans $10.00 $0.00 ME A $31.00 $20.00 MI Aloona $20.00 $20.00 Alger $20.00 $20.00 Antim $0.00 $0.00 Arenac $20.00 $20.00 Baraga $0.00 $0.00 Bary $0.00 $0.00 Banzie $20.00 $20.00 Berrien $i0.00 510.00 Branch $20.00 $20.00 Cass $0.00 $0.00 Charlevoix $10,00 $10.00 CMppewa $0.00 $0.00 Cheboypan $5.00 $5.00 Clare $22.00 $22.00 Crawiord $0.00 $0,00 Della $40.00 $40.00 Dickinson $20.00 $20,00 Emmet $10.00 $10.00 Gladwin $16.00 $16.00 Gogeblc $0.00 $0.00 GrandTraverse $0.00 $0.00 Hilsdale $20.00 $20.00 Houghton $0.00 $0.00 Huron 515.00 $16.00 lonia $8.00 $8.00 losco $10.00 $10.00 lron $40.00 $40.00 Jackson $0.00 $0.00 Kalbaska $10.00 $10.00 Kowpenow $20.00 $20.00 Lake $0.00 $0.00 Loelanau $0.00 $0.00 Mackinac $20.00 $20.00 Macomb $0.00 $0.00 Manislee $20.00 $20,00 Marquette $0.00 $0.00 Mecosta $5.00 $5.00 Menominee $12.00 $12.00 Midland $20.00 $20,00 Missaukoe $5.00 $5.00 Montcalm $19.00 $0.00 Montmorency $10.00 $10.00 Newaygo $0.00 $0.00 Oceana $10.00 $10.00 Ogemaw $5.00 $5.00 Ontonagon $30.00 $30.00 Dakland $4.50 $0.00 Osceola $5.00 $5.00 Oscoda $20.00 $20.00 Olsego $6.00 $5.00 Presque Isle $0.00 $0.00 Roscommon $10.00 $10.00 StJoseph $0.00 $0.00 Schoolcraft $20.00 $20.00 Shiawassee $0.00 $0.00 Tuscola $10.00 $10.00 Van Buren $0.00 $0.00 MS Benton $10,00 $10.00 George $10.00 $10.00 Greene $10.00 $10.00 Hancock $10.00 $10.00 Madison $6.00 $6.00 Perry $16.00 $15.00 Stone $10.00 $10.00 Tppah $2.50 $2.50 Warten $5.00 $5.00 MT Beaverhead $27.00 $27.00 BigHorn $42.00 $42.00 Blaine $17.00 $17.00 Broadwater $17.00 $17.00 Carbon $27,00 527.00 Carter $31.00 $31.00 Cascade $27.00 527,.00 Chouleau $17.00 $17.00 Custer $42.00 $42.00 Denlels $34.00 $34.,00 Dawson $17.00 $17.00 Deer Lodge $2200 $22.00 Fallon 532.00 $32.00 Fergus $37.00 $37.00 Flathead $42.00 $42.00 Garield $17.00 $17.00 Gallalin $20.00 $20.00 Glacier $37.00 $37.00 Golden Valley $42.00 $42.00 Granlle $24.00 $24,00 Hil $34.00 $34.00 Jefferson $97.00 $37.00 Judithe Basin $17.00 $17.00 Lake $27.00 $27.00 LowiskClark $34.00 $34.00 Lberty $17.00 $17.00 Lincoln $34.00 $34.00 Madison $17.00 $17.00 McCone $42.00 $42.00 Meagher $17.00 $17.00 Mineral $42.00 $42.00 Missoula $27,00 $27.00 Musselshel $42.00 $42,00 Park $42.00 $42.00 Petroleum $24.00 $24.00 Philips $17,00 $17.00 Pondera $22,00 $22.00 PowderRiver $42,00 $42.00 Powel $42.00 $42.00 Prairle $37,00 $37.00 Ravali $22.00 $22.00 Richland $42.00 $42.00 Roosevel $22.00 $22.00 Rosebud $22.00 $22.00 Sanders $42.00 $42.00 Sheridan $34,00 $34.00 Sverbow $27.00 $27.00 Sllwater $31.00 $31.00 SweetGrass $34.00 $34.00 Teton $20.50 $20.50 Toole $32.,00 $32.00 Treasure $42.00 $42.00 Valley $24.00 $24.00 Wheatland $34.00 $34.00 Wbaux $24.00 $24.00 Yellowstone $17.00 $17.00 NC AI $2.00 $2.00 NH Al $20,00 $20.00 Hillsborough $40.00 $40.00 NJ AL $4.00 $0.00 Northern! Marlana Island AI $45.00 $49.00 NV Carson City $15.00 $16.00 Churchil 515.00 516.00 Douglas $25.00 515.00 Eko $15.00 $15.00 Eemerolda $10.00 $1.00 Eureka $15.00 $15.00 Humboldt $10.00 $15.00 Lander $15.00 $15.00 Lincoln $15.00 $15.00 Lyon $15.00 $15.00 Mineral $16.00 $15.00 Nye $15.00 $15.00 Pershing $16.00 $15.00 Storey $15.00 $15.00 Washoe $10.00 $15.00 WhilePine $15.00 $15.00 NY Allegheny $0.00 $0.00 Bronx $95.00 $0.00 Cayuga $95.00 $0.00 Chemung $25.00 $0.00 Clinlon $25.00 $0.00 Courtiand $25.00 $0.00 Erio $95.00 $0.00 Franklin $10,00 $0.00 Fullon $25,00 $0.00 Hamiton $20.00 $0.00 Herkimer $5.00 $0.00 Kings $96.00 $0.00 Madison $26.00 $0.00 Montgomery $25.00 $0.00 Nassau $95.00 $0,00 NewYork $95.00 $0.00 Orleans $25,00 $0.00 Oswego $25,00 $0.00 Queens $95,00 $0.00 Rensselaer $25.00 $0.00 Richmond $95.00 $0.00 Schnectady $25.00 $0.00 Schuyler $10.00 $0.00 SiLawrence $15.00 $0.00 Sleuben $25.00 $0.00 Tloga $25.00 $0.00 Tompkins $25.00 $0.00 Washingon $25.00 50.00 Wyoming $15.00 $0.00 PA Indiana $0.00 $6.25 PR AI $0.00 $0.00 SD AI $20.00 $20.00 TN Benion $5.00 $0.00 Bledsoe 55.00 $0.00 Carroll! $0.00 $0.00 Claibome $10.00 $10.00 Houston $10.00 $0.00 Humphreys $10.00 $0.00 Johnson $10.00 $0.00 Knox $15.00 $0.00 Marion $3.00 $0.00 TX Hopkins 55.00 $5.00 Refugio $10.00 $10.00 UT All $0.15 $0.15 US Virgin! Islands All $35.00 $39.00 WA AII $0.15 $0.15 WY AII $20.00 $20.00 Aclitional Fees May Apply.AIL lees are subjec! fochange without nolice. Statewide Fees State Fee Alabama $1.50 Arkansas $22.00 Colorado $6.70 Florida $25.00 Georgla $1.35 Hawali $5.00 Illinois $10.00 Indiana $16.32 Kansas $30.00 Kenlucky $25.00 Maine $31.00 Michigan $10.00 Missouri $15.55 Mississippl $15.00 Montana $20.00 Newh Hampshire $25.00 New. Jersey $4.00 Nevada $20.00 New York $95.00 Rhode Island $7.00 South Carolina $26.00 South Dakola $20.00 Tennessee $29.00 Texas $4.00 Vermont $30.00 Washinglon $1.80 "Addilional Fees May Apply All lees are subject to change without nolice. Motor Vehicle Report Fees State TAT State Fee Years ReportedRelease AK Inslant $10.00 AL Instant $9.75 AR Instant $12.70 America Samoa 5-7Days $85.00 Oulside Vendor AZ Inslant $6.00 Instan! $8.00 CA Inslan! $2.00 3 CO Inslant $2.20 CT Inslant $18.00 3 DE Inslan! $15.00 3 District of Columbla Inslant $13.00 3 FL Instant $8.02 3 Inslant $10.02 7 GA Inslant $6.00 3 Instant $8.00 7 Guam BWeeks $18.50 Guam Release Required HI Overnight $23.00 IA Inslant $10.30 3 ID Inslant $9.00 3 IL Inslant $20,00 3 IN Inslant $7.50 10 KS Inslant $5.50 3 KY Instant $5.50 3 LA Inslant $6.00 MA Instant $8.00 3 MD Instant $15.00 3 ME Instant $7.00 3 MI Instant $15.00 MN Inslant $5.00 5 MO Instant $5.80 MS Inslant $14.00 3 MT Instant $7.25 NC Instant $12.75 ND Instant $3.00 3 NE Instant $7.50 NH Inslan! $12.00 3 NJ Inslant $12.00 NM Inslan! $6.50 3 NV Inslant $8.00 3 NY Inslant $7.00 3 OH Inslant $5.00 3 OK Instant $27.50 OR Instant $13.99 3 PA Manual $14.00 3or10 PR 6Weeks $13.81 PRF Release Required RI Inslant $21.00 3 SC Instant $7.25 3or10 SD Inslant $5.00 TN Instant $7.00 3 TX Instant $6.50 3 US Virgin Islands 6Weeks $10.50 U.S. Virgin Island Release Required UT Instant $11.00 3 VA Inslant $7.00 3 VT Instant $14.00 3 WA Instant $10.00 3 WI Instant $5.00 3 wV Inslan! $9.00 3 WY Inslant $10.00 3 "Additional Fees MayApphy AIl fees are subjeci to change withonl notice. TOTALASCRENING President Vice President Accounting Dept Accounting Technology & Security Dept Sr. Director of Operations Director of Client Care Director of Compliance Director of Marketing Manager of Verifications Account Rep(s) Manager of Compliance Marketing Specialist(s) Sr Verification Specialist(s) Client Care Specialist Quality Assurance Specialist(s) Verification Specialist(s) *Mock representation of company layout for the purpose oft this RFP. LAUREN ZULUAGA 3704 Gallagher Road, Dover, FL 33527 Alaoaew SUMMARY An innovative thinker with over 25 years' experience in the background screening industry. Leading by educating and motivating team members at all levels of the corporation. EXPERIENCE I PRESIDENT CRIMINAL RESEARCH & INVESTIGATIONS, INC. President Oversees all aspects of the organization with 4 Vice President direct reports. Responsible for the overall financial position of the company as well as the visionary that keeps CRI growing and relevant in a changing industry. PRESIDENT TOTAL INSIGHT SCREENING, INC. Founder and President Develops strategic vision and strategy of business operations while ensuring financial stability. Leads senior management ensuring alignment and compliance with company goals. EDUCATION I ST PETERSBURG COLLEGE ASSOCIATE IN ARTS GENERAL STUDIES MAY 1982 CERTIFICATIONS/ PBSA (PROFESSIONAL BACKGROUND SCREENERS ASSOCIATION) LICENSES FCRA CERTIFIED PBSA PROVIDER CERTIFIED FLORIDA PRIVATE INVESTIGATORS LICENSE SEPTEMBER 2019 License # A 1900136 STACI LAIRD 9910 Peninsular Drive, Gibsonton, FL3 33534 813-323-2626 SladairePliserening.com . wwahniadncn/Atdadcimhaireseara A dedicated working Executive with over 25 years experience in various areas of company start up, organization and corporate excellence. Always driving innovation while staying true to the core values of the organization and the background screening industry. EXPERIENCE 02/2002 PRESENT VICE PRESIDENT, TOTAL INSIGHT SCREENING, INC. Founder and integral partner in the initial corporate setup of the organization. Responsible for the Human Resources and Accounting functions while maintaining dedication to the overall success of the company. 02/2000 - PRESENT EXECUTIVE VICE PRESIDENT, CRIMINAL RESEARCH & INVESTIGATIONS, INC. Responsible for the overall growth of the organization while maintaining strict adherence to Federal and State guidelines. Oversee the success of all departments and provide direction to supervisors and managers. Direct the administrative functions of Human Resources, Accounting, Customer Service, Compliance and Research Departments. 08/1997-02/2000 DIRECTOR OF OPERATIONS, NORTH AMERICAN INFORMATION SPECIALISTS Directed all departments of the background screening organization to include Research and Administrative Departments. Additional responsibilities included seeking out sales leads and closing new accounts, maintaining accuirate corporate accounting and training all client services team members. 08/1992-08/1997 MARKETING PROGRAMS COORDINATORVPXECUTIVE ASSISTANT, THE EXECUTIVE COMMITTEE (TEC) Instrumental marketing team member responsible for the success of each markeling program from start to finish including event planning and execution. Promoted to Executive Assistant to the President. Maintained confidentiality while executing the duties of the position including drafting communications, organizing and leading meetings, setting policy for admin personnel and general administrative duties. 02/1988 - 02/1992 TMZ, UNITED STATES NAVY Stationed in San Diego abord the USS Mckee as a Torpedoman. Quickly advanced to the Weapons Office as Administrative Assistant to the Weapons Officer. Deployed in support of Operation in 1991 in support of Operation Desert Strom/Desert Shield. EDUCATION AUGUST 1993 BBA, HUMAN RESOURCES, NATIONAL UNIVERSITY DECEMBER 2019 PROVIDER CERTIFIED, PROFESSIONAL BACKGROUND SCREENERS ASSOCIATION (PBSA) MAY: 2020 FCRA CERTIFIED, PROFESSIONAL BACKGROUND SCREENERS ASSOCIATION (PBSA) 2 Brandi Hilborn 7055 Saint Johns Road Elberfeld, In. 47613 615-293-8043 Prmi.hilboneissereningp.com Driven Director with 8 years of experience in the background screening industry. Committed to respecting and abiding by company values, remaining client focused in all actions, maximizing profits, and driving a team to success through continued education and training. Experience 2020 preseni i Decrorotoper stions. Total Insight Scrmening 2017 2020 piror TE pOnSs Reterence Siervines & Investgations Education 2007 BA, Western Kentucky Universily 2017-present MNrICNACA The Professional Background Sicreening Association 2020-present Reseancher FoVICAE ( Hitined, The Protessional Background Screening Association TOTALSCRENING TIS Data Security Policy Total Insight Screening ("TIS") is a Consumer Reporting Agency, as defined by the Fair Credit Reporting Act (15 U.5.C5 1681) ("FCRA"), of domestic information for processing background screening for employment or other permissible purposes under the FCRA or other applicable law. TIS is committed to protecting the privacy of individuals who are the subject of a background check performed for employment purposes, tenant screening or other permissible purposes under the FCRA. TIS takes reasonable steps to ensure that personal information it collects and uses is relevant to its intended use, is accurate, complete, and current. This Data Security Policy covers our procedures for the receipt, processing, security, delivery and disposal of information, and applies to data that we collect from clients, job applicants and other sources as well as information developed internally. This policy also accompanies our Information Security Brief. Security of Data TIS has taken appropriate steps to ensure the security of PII from loss, misuse, disclosure, unauthorized access, alteration or untimely destruction. We implement a variety of physical, electronic and administrative procedures to safeguard the information we collect. Access to PII is restricted to individuals who need it to perform work functions. Existing protection includes the screening of all TIS employees, not just those handling data, as well as electronic and physical protective measures to guard the data. We require our contracted service providers (Public Records Researchers) to protect PII and we perform a vetting process on any PRR prior to using their services. All clients are subject to a due diligence investigation to confirm that they are a legitimate business before they are allowed access to our system to order background checks. All: supplied sensitive information is transmitted via Secure Socket Layer (SSL) technology and then protected by AES base64 encoded 128-bit encryption of data. Data is only accessible by those authorized with special access rights to such systems, and who are required to keep the information confidential. Our data servers located at Digital Realty in AZ are backed up 10 times daily; nine are incremental and one is a full backup. Data for TIS's office environment is incrementally backed up every four hours and at an offsite location, with AE256 encryption. The Digital Realty facilities make use of a full array of security tools including bollards, mantraps, access control systems and surveillance systems to make certain that data is protected from unexpected incidents or criminal activity. This strong defense environment acts as a fortress around critical equipment and data. Digital Realty has incorporated specifications into the design and management of their security systems that meet the rigid standards incorporated into the most relevant data center compliance programs, including SOC2, PCI-DSS and ISO 27001. Their data centers also uphold safety requirements for fire protection and additionally provide reliable power supplies, adequate climate-controlled environment, appropriate protection from intruders and 24/7 live surveillance and security teams. Additionally, please refer to TIS INFORMATION SECURITY BRIEF for more information. Employee Access & Security Our employees access data through secure virtual desktop interfaces and our online interfaces are encrypted, password-protected and monitored. All employees are trained annually on data protection security best practices and policies, including the locking of computer screens when stepping away from their desk and a 'clean desk' policy that requires all sensitive information to be locked away when not being processed, even if the employee only leaves their desk for a very short time. Managers and supervisors do 'walk throughs' multiple times per day to ensure compliancy. Employees are also required to change their passwords every 90 days and passwords are strictly confidential. Physical Security Our office is secured by locked windows and doors, an intrusion detection system and over twenty security cameras, providing 24/7 video surveillance. Keys are only given to Sr. Management personnel and employees are not allowed in the bullding after business hours without a Sr. Manager present. Visitors are only allowed in the reception area of TIS and must sign in and provide valid ID. They are not allowed to access any area beyond the reception area unless they are attending a meeting, during which time they will be chaperoned byal TIS Manager and will not have access to any area containing PII or other security sensitive information, be it consumer or client. Physical documents that contain sensitive data or personal identifying information are retained for 30 days or as required by law to meet FCRA or other legal obligations, in a locked file, then placed in locked shred bins for later disposal, following FTC disposal requirements. Electronic records remain accessible by key employees. Ifyou have any questions about this Data Security Policy, please contact US by email at ancesisae or by phone at 1-800-795-0994. TOTAL-SCREENING TIS Disaster Recovery & Business Continuity Plan Total Insight Screening ("TIS") is a Consumer Reporting Agency, as defined by the Fair Credit Reporting Act (15 US.CS1 1681) ("FCRA"), of domestic information for processing background screening for employment or other permissible purposes under the FCRA or other applicable law. (TIS) is committed to protecting our employees, the privacy of individuals who are the subject of a background check performed for employment purposes, tenant screening or other permissible purposes under the FCRA and ensuring reliable business operations for our clients. Overview & Objective This Disaster Recovery & Business Continuity Plan covers the protection and security of data, safety of our employees and: serves as an internal directive for managing disasters or other disruptions of business, including the COVID19 pandemic. The objective of this document is to provide detail regarding the recovery of critical business functions in managing and supporting the business recovery in the event of a facilities or data disruption or disaster. This can include short or long-term disasters or other disruptions, such as fires, floods, earthquakes, explosions, terrorism, tornadoes, hurricanes, extended power interruptions, hazardous chemical spills, and other natural or man-made disasters. This document does not encompass our step by step internal actions and tasks, such as protocol for employees exiting the building during a disaster or the details of physically moving employees to a facility if necessary, but rather focuses data security and recovery and recovery time. Our full plan is provided for internal use. The priorities in a disaster situation are to: Ensure the safety of employees and visitors in the office buildings. Mitigate threats or limit the damage that threats can cause. Have advanced preparations to ensure that critical business functions can continue. Have documented plans and procedures to ensure the quick, effective execution of recovery strategies for critical business functions. Data Security & Recovery TIS's backup data is encrypted and stored in a multiple locked locations. Internal backups are performed four times daily on office data as well as 10 backups per day! by our platform provider & their data facility, Digital Realty. The Digital Realty facilities make use of a full array of security tools including bollards, mantraps, access control systems and surveillance systems to make certain that data is protected from unexpected incidents or criminal activity. This strong defense environment acts as a fortress around critical equipment and data. Digital Realty has incorporated: specifications into the design and management of their security systems that meet the rigid standards incorporated into the most relevant data center compliance programs, including SOC2, PCI-DSS and ISO 27001. Their data centers also uphold safety requirements for fire protection and additionally provide reliable power supplies, adequate climate-controlled environment, appropriate protection from intruders and 24/7 live surveillance and security teams. In the event of a catastrophic primary database failure, we expect virtually no loss of data. Recovery Time Objective Our recovery time objective is 24 hours or less. In practice, in the event of a catastrophic primary database failure, we expect failover to happen within two to five minutes. General Business Function Recovery On-site (Headquarters Facility) The strategy is to recover critical administration, research and QA business functions at corporate headquarters. The building has been wired with the proper electric cabling and quick connect for an external generator to power the building. The 35 KW generator creates ample power to run the entire building with all computers, networks and ancillary devices on and processing. In addition to the main internet provider, a backup satellite internet provider is in place to supply the office with the necessaryinternet connection Relocation Strategy and Alternate Business Site In the event of a disaster or disruption to the office facilities, the strategy is to recover operations by relocating to an alternate business site. The short-term strategies (for disruptions lasting two weeks or less), which have been selected, include relocation to 1345 Falkenburg Road, Tampa, FL 33619. The long-term strategy will be to acquire/lease and equip new office space in another building in the same metropolitan area. Employees Working from Home In such case where it is critical, as in the case oft the COVID19 pandemic, TIS allows employees to work from home. All security measures, secured equipment and protocol are in place for accessing information securely to perform job functions. Pandemic Response Int the event of a Nationwide or Regional health pandemic, TIS will take the following steps: Follow all CDC, State & Federal guidance with regular conversation with employees regarding the event. Inform clients of any change in business protocol, court closures or researcher delays as a result of the pandemic via TIS daily email updates. Ensure all employees have the necessary tools to work from a remote or alternate location. TOTAL-SCREENING TIS Information Security Breach Policy Total Insight Screening ("TIS") is a Consumer Reporting Agency, as defined by the Fair Credit Reporting Act (15 U.S.C51 1681) ("FCRA"), of domestic information for processing background screening for employment or other permissible purposes under the FCRA or other applicable law. (TIS) is committed to protecting the privacy of individuals who are the subject of a background check performed for employment purposes, tenant screening or other permissible purposes under the FCRA. TIS takes reasonable steps to ensure that personal information it collects and uses is relevant to its intended use, is accurate, complete, and current. We have also taken appropriate steps to ensurei the security of PII from loss, misuse, disclosure, unauthorized access, alteration, or untimely destruction. However, Ifa data breach should occur, this Data Breach Protocol Policy covers our procedures and responsibilities for notifying consumers of a breach of their personally identifiable information (PI). Identifying PII All 50 states, the District of Columbia, Guam, Puerto Rico and the Virgin Islands have data breach laws that require a business to notify individuals and in some cases, state agencies, of a security system breach resulting int the exposure of "personally identifying information" or "PII". The definition of PII varies from state to state and is defined differently depending upon the jurisdiction and regulation. The main Federal privacy regulation for background screeners in the U.S. is the Fair Credit Reporting Act (FCRA). The FCRA does not define PII, but rather uses the term "consumer's file". The Consumer File is defined as, "all of the information on that consumer recorded and retained by a consumer reporting agency... . . Other U.S. regulations call out higher levels of protections for information that could be used in fraud, including identity theft, such as the person's name plus their Social Security Number, driver's license number, or financial numbers. In some states, health insurance, medical, or biometric (fingerprints) information is required to have these higher protection levels. This is considered Sensitive Personally Identifiable Information or SPII. Security Breach Laws Security breach laws typically have provisions regarding who must comply with the law (e.g. businesses, data/ information brokers, government entities, etc.); definitions of "personal information" (e.g., name combined with SSN, driver's license or state ID, account numbers, etc.); what constitutes a breach (e.g., unauthorized acquisition of data); requirements for notice (e.g., timing or method of notice, who must be notified); and exemptions (e.g., for encrypted information). Legal Notification Requirements State data breach laws require a business to provide notification to affected individuals as soon as 30 days of the breach or as soon as reasonably practicable, depending on the state. The laws will provide the terms of the notice and the delivery method. Some states require state agencies to be notified of a breach such as the state Attorney General when a certain number of state residents are affected by the breach or in some states, more broadly as, if the business operates in the state. State Notification Requirements Listed below are the current state security brief information law references & links. State Citation Alabama Ala Code 58-38-Letzen Alaska Alaska Stat. S 4548.010 et seq. Arizona Ariz. Rev. Stat. S 11545 Arkansas Ack. Code SS 4-110-101 et seq. California Cal. Civ. Code SS 1798.249, 1798.82 Colorado Colo Rey Stat S 6-1-716 Connecticut Conn. Gen Stat. SS 36a-701b, de-70 Delaware Del. Code 1L6.5 12B-101 At seq. Florida Fla. Stat. SS 501171, 2820041, 2823180230 Georgia Ga Cude SS 10-1-910, -911, -912; S 46-5-214 Hawaii Haw. Rev. Stat. S 487N-L seq. Idaho Idaho Stat. SS 8-51-1041 Io 107 Illinois 815 ILCS SS 530/1 1o 530/25 Indiana Ind. Code S5 - uL solu * 19et Reg lowa Iowa Code SS 1501.7150 Kansas Kan. Stat. S 50-7a01 eLsen. Kentucky KRS S 365.732. KRS SS 61.931 tos 61934 Louisiana La. Rev. Stat. SS 51:3071 Ler seq. Maine Me. Rev. Stat. tit. 10 S 1346et seq. State Citation Maryland Md. Code Com. Law S5 14-3501 et seq. Md. State Goyt. Code 55 10: 1301 le 1308 Massachusetts Mass. Gen. Laws S 93HEL et seq Michigan Mich. Comp. Laws S5 145.63, 445.72 Minnesota Minn. Stat. SS 325E61, 325E.64 Mississippi Miss Code S 75-24-29 Missouri Mo. Rev. Stat. S 407.1500 Montana Mont. Code SS 26-1 1501 io 1503. 30-14 1ZOL et seg., : 9-321 Nebraska Neb. Rev. Stat. 55 87-801 seg, Nevada Nev. Rev. Stat. S5 6034.010e seq, 242.183 New Hampshire N.H. Rev. Stat. SS 359-012 359-020, 359-021 New Jersey NStat3 5 56:8-161, 163 New Mexico 2017 H.B. 15, Chap. 36 (effective 6/16/2017) New York NY Gen. Bus Law S 899-AA, N.MState Tech. Law 208 North Carolina N.C. Gen. Stat S5 7561, 75-65 North Dakota N.D. Cent. Code SS 51 30-01 et seq. Ohio Ohio Rev. Code SS 1347.12, 1349.19, 1349.19L, 1349.192 Oklahoma Okla. Stat. SS 74-3113.1. 2416L10 166 Oregon Oregon Rev. Stat. S5 6464.6001 o. 628 Pennsylvania 73Ba Stat 55 7301 et seq. Rhode Island R.I. Gen. Laws 55 1-493-Lerseg, South Carolina S.C. Code S 39-1-90 South Dakota S.D. Cod. Laws 55 20-40-20 to -46 (2018S.B.62) Tennessee Tenn. Code SS 47-18-2107; 8-4-119 State Citation Texas Tex. Bus. & Com. Code SS 521.002, 521.053 Utah Utah Code SS 13-44-101 et any Vermont Vt. Stat. tit 955 2430. 2435 Virginia Va. Code SS 18.2-186.6, 32.1-177105 Washington Wash. Rev. Code S5 19.255.010, 12.56.590 West Virginia W.V. Code SS 16A-2A 101 stsen. Wisconsin Wis. Stat. S 134.98 Wyoming Wyn. Stal. SS 40-12-501 et: seq. District of Columbia DC Code SS 28-3851 et seq. 20208215 Guam 9GCA 55 48-10 et seg. Puerto Rico 10 laws of Puerto Bico SS 4051 etseq. Virgin Islands YL Code tit. 14, SS 2208, 2209 TIS Notification Protocol TIS will notify the consumer as soon as it has validated a security brief has occurred, immediately or in a timely and expedient fashion, following all State requirements. TIS will also provide informational resources to the consumer regarding identity theft remedies and freezing consumer credit. TIS Responsible Party for Reporting & Notification Deb Keller, Chief Compliance Officer will be the key contact for establishing internal protocol, communicating with the consumer as well as any external applicable data or public record providers. The Director of Compliance will assist with any related responsibilities as designated by CCO. Ify fyou have any questions about this Data Security Policy, please contact us by email at CamsdeseIRusENREcON or by phone at 1-800-795-0994. TOTALASCRENING TIS Privacy Policy Total Insight Screening ("TIS") is a Consumer Reporting Agency, as defined by the Fair Credit Reporting Act (15 U.S.CS 9 1681) ("FCRA"), of domestic information for processing background screening for employment or other permissible purposes under the FCRA or other applicable law. (TIS) is committed to protecting the privacy of individuals who are the subject of a background check performed for employment purposes, tenant screening or other permissible purposes under the FCRA. TIS takes reasonable steps to ensure that personal information it collects and uses is relevant to its intended use, is accurate, complete, and current. This Privacy Policy covers our procedures for the receipt, processing, security, delivery and disposal of information, and applies to data that we collect from clients, job applicants and other sources as well as information developed internally. Collection and Use of Data Types of Data Collected Personal Data TIS collects Personally Identifiable Information ("PI") and other information in connection with our services. Such PII may Include, but is not limited to: First name and last name Social Security Number Date of Birth Address, State, Province, ZIP/Postal code, City Email address Phone number Driver's License Number Prior to performing any background screening services TIS requires that employers must certify in writing that they will comply with The FCRA and all applicable state and federal laws. The certification also includes a stringent employer vetting process, validating business credentials and permissible purpose as well as a certification that employer will not attempt to obtain a background check without making the required disclosures to an applicant and without obtaining the applicant's prior written consent on said forms, as well as informing the applicant of their rights by providing a copy of, or electronic access to, the Summary of Rights Under the Fair Credit Reporting Act. Employers must also consent to random audits by TIS to ensure proper consumer consent is being obtained. Other data that may be collected to perform background checks The specific type of consumer information that will be collected is driven by the type of background check ordered by the employer, but in addition to PII may include: Right to work/work permit information 1-9 information Education history and qualifications Employment history Personal and Professional references Professional qualifications and/or licenses with professional bodies Publicly sourced information Criminal history Financial information such as credit history, bankruptcy or financial judgements (when applicable and permitted by law) Appearance on global sanctions or terrorist watch lists Driving Record Information In addition to the information described above, additional information may be required per individual states or jurisdictions which may include but not limited to: Special authorization forms required by a government entity Academic documents such as diplomas and transcripts Application forms Driving Record State releases Any additional requirements will be communicated by TIS and reason for the document explained Use and Disclosure of Data TIS collects PII from applicant information entered in our system by employers to perform background checks. That PII is then used to perform background screening searches which include but are not limited to criminal record databases, public records and other necessary third parties as permitted by law. In order to perform background checks or other permissible services, TIS may use PII to verify an individual's identity, perform address history searches, perform business due diligence and for other business-related purposes. We may share PII with: Our clients (employers or other entities with legally permissible purposes) Researchers working on our behalf State and federal government authorities or law enforcement: agencies Other persons and entities as in the good faith belief that such action is necessary to comply with a court order, legal obligation, to prevent or investigate possible wrongdoing in connection with our service, or to protect against legal liability. Personally Identifiable Information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without consent, other than for the express purposes outline previously. Additionally, TIS will not send PII outside of the U.S. unless an international search is performed by an employer or other entity with a permissible purpose who has obtained the consent of the consumer/applicant While most work is performed by our employees or authorized personnel who access personal information directly from our systems and whose activities are under our direct control, we use third-party service providers, such as court researchers, for certain specialized tasks and services we perform for our clients. Retention of Data TIS does not maintain a commercial database of consumer information. TIS retains PII only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use PII to the extent necessary to comply with our legal obligations (e.g., if we are required to retain data to comply with applicable laws), to resolve disputes, allow for audits and enforce our legal agreements and policies. Destruction of consumer information is in accordance with the FTC's disposal requirements. Security of Data TIS has taken appropriate steps to ensure the security of PII from loss, misuse, disclosure, unauthorized access, alteration or untimely destruction. We implement a variety of physical, electronic and administrative procedures to safeguard the information we collect. Access to PII is restricted to individuals who need it to perform work functions. Existing protection includes the screening of all TIS employees, not just those handling data, as well as electronic and physical protective measures to guard the data. We require our contracted service providers to protect PII and all clients are subject to a due diligence investigation to confirm that they are a legitimate business before they are allowed access to our system to order background checks. All supplied sensitive information is transmitted via Secure Socket Layer (SSL) technology and then protected by AES base64 encoded 128-bit encryption of data. Data is only accessible by those authorized with special access rights to such systems, and who are required to keep the information confidential. Our servers and offices are located within a locked and alarmed facility which is regularly monitored to prevent unauthorized access to our premises. Our employees access data through secure virtual desktop interfaces and our online interfaces are encrypted, password-protected and monitored. All employees are trained annually on data protection security best practices and policies, including the locking of computer screens when stepping away from their desk and a 'clean desk' policy that requires all sensitive information to be locked away when not being processed, even if the employee only leaves their desk for a very short time. Managers and supervisors do 'walk throughs' multiple times per day to ensure compliancy. Physical documents that contain sensitive data or personal identifying information are retained for 30 days in a locked file, then placed in locked shred bins for later disposal, following FTC disposal requirements. Electronic records remain accessible by key employees. individual Rights Upon proper identification, consumers who are the subject of a background check have the right to access and receive a free copy of the report (containing PII) and including any records TIS used to conduct their background check. And, upon proper identification, TIS will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete, following all laws regarding the handling and disputing of consumer information. Instructions for disputing a background check are posted on our website and may also be obtained by calling our Compliance Department at 1-800-795-0994 ore emailing us at amoleeelikIRtAseNk You may also write to us using the mailing address in the Contact Us section of this policy. Changes to This Privacy Policy TIS reserves the right to update this Privacy Policy at any time and will post notices on our website at the time of any material changes. Changes are effective when they are posted on the website. Contact Us Ifyoul have any questions about this Privacy Policy, our practices or to obtain information regarding the event ofa compromise of your information, please contact us: By email: omclacelitcn By phone: 1-800-795-0994 By mail: Compliance, Total Insight Screening, 15614 Dr MLK. Jr Blvd., Dover, FL 33527 Option 1: $19.50 National Criminal Search County Criminal Search (includes ALL counties your applicant has resided in the past 7 years) Social Security Trace Option 2: $24.00 National Criminal Search County Criminal Search (includes ALL counties your applicant has resided in the past 7 years) Social Security Trace Motor Vehicle Report Option 3: $30.00 National Criminal Search County Criminal Search (includes ALL counties your applicant has resided in the past 7 years) Social Security Trace Motor Vehicle Report Education Verification Option 4: $66.00 National Criminal Search County Criminal Search (includes ALL counties your applicant has resided in the past 7 years) Social Security Trace Motor Vehicle Report Education Verification DOT 7 Panel Option 5: $65.00 National Criminal Search County Criminal Search (includes ALL counties your applicant has resided in the past 7 years) Social Security Trace Motor Vehicle Report Education Verification Non-DOT 5 Panel *Alias names can be completed for an additional $4 per name/per search. Any criminal records access fees or third-party fees that might exist are not included in the package price quoted. The option to configure any number of packages to include any necessary services is available. NORTH CAROLINA Department of the Secretary of State CERTIFICATE OF AUTHORITY I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify that TOTAL INSIGHT SCREENING INC. having filed on this date an application conforming to the requirements of the General Statutes of North Carolina, a copy of which is hereto attached, is hereby granted authority to transact business in the State ofNorth Carolina. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offiçial seal at the City ofRaleigh, this 22nd day of May, 2025. bln Scan to online. Waslall verify Document Id: C202514201339 Secretary of State Verify this certificate online at https:!/www. sosnegoviyerification IV. Consent Agenda 12. Approval of the Engagement Letter Extension with Ward and Smith to Provide Legal Services Associated with the Coastal Barrier Resource Act Shore Protection Manager cartereto cowtty - J. Ryan Davenport hore Tel: (252) 241-3264 Ryan.davemport@carteretcoumtynegoy protection office proteotthebeach. com Memorandum To: Carteret County Board of Commissioners (CBOC) From: Ryan Davenport Date: May 27, 2025 Re: Engagement Agreement with Ward and Smith The attached document is an Engagement Letter extension with Ward and Smith to provide legal services associated with a Coastal Barrier Resources Act (CBRA) layer proposed to be placed on Bogue Inlet by US Fish and Wildlife. A CBRA layer in Bogue Inlet could dramatically affect how Bogue Inlet is maintained and how federal funds are used. This designation could prohibit the placement of beneficial sand onto adjacent Bogue Banks beaches. A potential relocation of Bogue Inlet as was done in 2005 would become problematic. The combination of lost federal funds and ever more complicated permitting could cost the "Beach Fund" millions over the next decade if this issue is left unresolved. This year the monthly retainer will remain unchanged. The Beach Commission voted unanimously to support this engagement during its regular meeting on May 19, 2025. Shore Protection Office . P.O. Box 4297 e Emerald Isle, North Carolina 28594 www protect the beach com WARDANDSMITH,PA MIKE MCINTYRE, Attorney at Law 751 Corporate Center Drive, Suite 300 (27607) P:919.277.9191 Post Office Box 33009 F:919.277.9177 Raleigh, NC 27636-3009 mmanynehardimdmilhon May 21, 2025 CONFIDENTIAL VIA EMAIL gon.davemportecntecarterecoumntymegoo Mr. Ryan Davenport Carteret County Shore Protection Office PO Box 4297 Emerald Isle, NC 28594 RE: Carteret County Beach Commission Dear Ryan: Our firm has been honored to represent the Carteret County Beach Commission ("CCBC") since 2022. This letter confirms CCBC's action on May 19th, which was based on our April 17th proposal. We greatly appreciate your giving us the opportunity to be of service to you, and this letter serves as our agreement to provide services. Please sign on behalf of CCBC at the end of this letter where indicated. Please have the Chairman of the Carteret County Board of Commissioners also sign where indicated after the County Commissioners' approval, and have the county Finance Officer do the same. Please return to us a fully executed copy, which you may do by email. Client The client shall be the Carteret County Beach Commission ("CCBC"). (Our representation shall be for the Commission itself as an authorized entity of Carteret County, and not for the individual elected officials, staff, employees or any other individual persons.) Nature and scope of representation We have agreed to advise and assist you with governmental and legal issues that arise, and Carteret County Beach Commission ("CCBC") hereby engages Ward and Smith, PA, to perform the following services in accordance with the terms and conditions set forth in this agreement by advocating on behalf of CCBC on the federal level with Congress and other federal agencies, as appropriate, regarding the protection of the existing Otherwise Protected Area in CBRS unit NC-06P with regard to proposed CBRS mapping changes by ASHEVILLE GREENVILLE NEW BERN RALEIGH WILMINGTON www.wardandsmithcom WARDANDSMITH,PA. May 21, 2025 Page 2 US Fish and Wildlife Service and/or Congress. In addition, we may undertake to represent you on other such matters upon which we may mutually agree. CCBC acknowledges and agrees that Ward and Smith P.A. does not have control over third-party decision makers, and that Ward and Smith, P.A. makes no representations, warranties or guarantees that it can achieve any particular results. Ward and Smith, P.A. shall act in good faith and with the necessary due diligence in connection with its performance of the services described herein. Meetings with CCBC and/or staff, as agreed upon (whether in person or virtually) and meetings with elected federal officials and/or federal agencies, as appropriate, (whether in person or virtually) are included in the services to be provided. Our work for this engagement will be on the federal level. Any work on the state level will be subject to separate agreement. For specialized assistance, such as grant research and analysis and/or legislative monitoring/research it is understood that The Ferguson Group of Washington, DC, will be assisting our firm on your behalfin this capacity, and fees and costs incurred for such services will be billed separately to CCBC. Grant writing, if desired, will be subject to a separate agreement and will be available at a discounted rate by The Ferguson Group. We have not identified any conflicts ofinterest with our other clients. However, it is possible that conflicts will occur, especially because of the unpredictability of legislative policy and politics. In such cases, we will disclose the conflict, or potential conflict, and CCBC will need to retain its own independent legal counsel for that matter as well as make a good faith effort to waive any conflict that is waivable under the North Carolina State Bar's Rules of Professional Conduct. Retainer and fees The retainer for services will be $3000 per month for services rendered by Ward and Smith PA, and $2000 per month for services rendered by The Ferguson Group, for a total monthly retainer of $5000. Unless either of us terminates this engagement, this retainer is effective beginning July 1, 2025, and remains in place through June 30, 2026. Out-of- pocket expenses and costs relating to our representation are not included in the monthly fee, but will be billed separately as incurred. The monthly retainer in any event will be the minimal fee for our services réndered during any portion of the month for which it is paid. Ward and Smith, P.A. will carry out its duties in compliance with all of the applicable federal, state and local laws and regulations, particularly those laws applicable to lobbying. WARDANDSMITHPA May 21, 2025 Page 3 Expenses In addition to fees for legal services, you will be responsible and billed for all expenses related to your matter. These expenses may include, among others, postage, copying, delivery and courier services, travel (e.g., flight tickets, mileage, taxis, meals and overnight expenses, as appropriate), computerized legal research, electronic data processing and hosting, data review services, filing fees and related costs, local counsel fees, and expert fees. These expenses will be set out separately in our monthly billing statements. Billing Normally, we will prepare and send our statements monthly. Payment will be due upon receipt. Statements outstanding more than thirty (30) days from the date of the invoice will be assessed a late charge at the rate reflected on the statements. Ifpayment is not received in a timely manner, we may suspend rendering services, notify you of our suspension, and proceed to withdraw from representation. You will be responsible for paying any final balance due and owing within fifteen (15) days of receipt of our final statement. You agree. to review each statement promptly and advise Ward and Smith, P.A. in writing of any questions with regard to the statement within fifteen (15) days of receipt of such statement, following which we will attempt to resolve any such questions. If no questions are raised by you within the fifteen (15) day time period, you will be deemed to have accepted the statement as presented and have agreed to pay the statement in full. Termination of Representation Our representation may be terminated by either party at any time for any reason. To terminate representation, the party electing to terminate must provide the other party with written notice. The provisions regarding fees in this letter shall continue to apply. Termination shall not excuse us from refunding any overpayment, nor shall it excuse you from promptly paying any balance due. Social Media and Artificial Intelligence Social media may affect our work for you. We strongly advise you to refrain from any social media activity that relates to or touches on the issues for which we are being retained. We recommend that the matters for which you have retained us not be addressed by you in any social media. We also recommend that you discourage any third party from addressing these matters in any form of social media. In addition, while you WARDANDSMITKPA May 21, 2025 Page 4 may restrict or limit others' access to your social media, do not delete, alter, or otherwise remove. any social media without first consulting with us. Further, we strongly advise that you refrain from submitting any information or communications about these matters or issues to any online generative artificial intelligence platform (e.g., ChatGPT, Claude, etc.). Wire Transfers For all wire transfers where parties are sending funds electronically to Ward and Smith, P.A., we require that the sender verbally confirms wire instructions with an authorized representative of the firm, prior to sending a wire. If verbal confirmation is not made with an authorized representative of the firm, Ward and Smith, P.A. will not be held liable for funds sent to an incorrect recipient. IfWard and Smith, P.A. is sending a wire, the receiving party understands that an authorized representative of the firm will contact you to confirm the wire instructions prior to us initiating the wire, and the receiving party will need to confirm when the wire has been received. Electronic Signature The parties' consent to using electronic signatures and electronic transmittal of this Engagement Agreement, as well as for other documentation related to this representation, as necessary. Concerning this Engagement Agreement, the parties acknowledge and agree: (1) facsimile or electronic signatures to this Engagement Agreement shall be original signatures, (2) this Engagement Agreement may be executed in one or more counterparts, all of which shall be one and the same agreement and shall become effective when one or more counterparts have been signed by each party and delivered to the other parties, whether exchanged physically or via electronic means, and (3) the exchange of a fully executed Engagement Agreement (in counterparts or otherwise) by facsimile or electronic delivery in pdf format shall bind the parties to the terms of this Engagement Agreement. Acceptance If the terms of this Engagement Agreement are satisfactory, please return the signed document, along with your retainer in the amount specified above. By these actions, and in consideration for our agreeing to undertake this representation, we will understand that the terms in this Engagement Agreement are accepted. Our representation will commence as stated by the terms of your Engagement Agreement when your signed Engagement Agreement and retainer have been received by us. WARDANDSMITH, PA. May 21, 2025 Page 5 Ifyou have any questions regarding this matter, please do not hesitate to contact me. Sincerely, mik Aa f Mike McIntyre Attorney - Member of Congress, 1997-2015 Read and agreed. Carteret County Beach Commission By: Ryan Davenport, Shore Protection Manager Date Approved: Carteret County Board of Commissioners By: Chairman Date This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Officer ND:4903-4196-1015, V. 1 IV. Consent Agenda 13. Approval of the Resolution to the NCDOT Supporting the Wayfinder Signage Installation by the Tourism Development Authority RESOLUTION OF SUPPORT FOR THE CRYSTAL COAST TOURISM DEVLOPMENT AUTHORITY TO INSTALL WAYFINDING SIGNAGE THROUGHOUT THE COUNTY WHEREAS, Carteret County is one of the longest counties in North Carolina and one of the most visited by tourists from all over the world; and WHEREAS, many of these tourists come to visit one specific area of the County such as Emerald Isle or Atlantic Beach but are unaware that there are other areas along the Crystal Coast to experience including communities like Harkers Island and Cape Carteret; and WHEREAS, through design, the new signage system will create awareness of nearby towns and attractions, enhancing visitor satisfaction by providing easy navigation routes and increasing awareness of the depth of our beautiful County; and WHEREAS, the Tourism Development Authority (TDA) plans to install five gateway signs welcoming visitors to the Crystal Coast at major entry points into the County, two gateway signs along the bridges to the beach towns, eleven gateway signs at the entry points of our towns, and sixty destination signs planned throughout our entire area; and WHEREAS, the TDA will dedicate approximately $1.2 million for the design, fabrication, and installation of the wayfinding signage, and budget annually for the replacement or repair of this signage using Occupancy Tax Collections, which is an allowable use of these funds; and WHEREAS, all signs placed on Carteret County roads will be in full compliance set by the Manual of Uniform Traffic Control Devices THEREFORE, BE IT RESOLVED that the Carteret County Board of Commissioners does hereby request the North Carolina Board of Transportation allow the TDA to move forward with the wayfinding signage project to increase tourism satisfaction and assist with decreasing traffic congestion in our picturesque area ADOPTED this the 16th day of June 2025. Chris Chadwick, Chairman Mark Mansfield, Vice-Chair Chuck Shinn, Commissioner David Quinn, Commissioner Chimer Clark, Commissioner Marianne Waldrop, Commissioner Keith Moore, Commissioner - 1 AC I - - CYSTAL C DESIGN +BUILD COAST 20 025 inc Crystal Coast N.C. Wayfinding & Gateway Design Concepts Prepared by: M. Campitiello / 5.09.25 Project Inspiration Laidback charm. Timeless coastal character. Thei inspiration fort the Crystal Coast sign family draws deeply from the region's laidback charm and timeless coastal character. Gentle, rolling wave motifs evoke the easy rhythm of life along North Carolina's southern shores, while the overall design reflects the unpretentious elegance ofa classic coastalt town. Att the heart of this signf family isas strong commitment to foregrounding the Crystal Coast brand--bringing visual unity tot the county and reinforcing a shared regional identity. Ther materials and palette strike al balance between rustic authenticity: and refined simplicity, with weathered wood textures complemented by crisp, bright pops of blue that mirror thec coastal sky and sea. Rope detailing adds a familiar, nautical accent, lending a traditional coastal touch that feels both nostalgic and fresh. CAYSTAL - C COAST Materials Strategy Wood & Composite Integration The sign family prominently features both real wood and composite wood elements, chosen for their durability, natural beauty, and ability toy withstand the coastal environment. Alls structural signg poles willl be constructedi from cedar or cypress wood beams. These posts will be substantial ins size ranging from 6' to 8" square-providingi both visual presence and long- term resilience. These species arer naturally resistant to decay, making them ideal fore exterior use. Depending on thec desired aesthetic, these posts can be stained and treated to preserve their signature hues, or allowed toa age naturally into a weathered gray. evoking the character of sun- faded dock timbers. Fork broader applications, such as sign faces or coverage areas requiring large surfaces spans, we will use composite wood ini the form of High Pressure Laminate (HPL) panels. These panels are composed of multiple layers of wood fiber embedded in phenolicresin, resulting inal highly durable. graffiti-resistant material thatp performs exceptionally well in outdoor conditions. Unlike naturaly wood planks, which are more prone to warping and aging due tot their thin profile and wide surface area. HPLI panels maintain their form and finish. Thet final finish for all posts, as well ast the wood grain selection for the HPL panels, will be determined with input from the Crystal Coast TDAI Board. The goal is toa achieve a coordinated appearance across all signage while maintaining material integrity. Tot that end, no individual signwill feature both natural wood posts and HPL panels in thes same structure. This ensures visual consistency by avoiding slight mismatches iny wood grain or tone between reala and composite materials. Previous Project Images Signage Examples: Shelby, NC Images ofs signage shown here incorporate portions of the suggested wood.inylpainted aluminum materials for the Crystal Coast wayfinding project. The pictures were taken April of 2025 and thes signs are quickly approaching the 9year anniversary of installation. Youc cans see from thei images that the quality and durability oft ther materials have onlys gently weathered out ini thee elements andj just need a thorough cleaning to remove thec dirt from they wood and white vinyl areas. - Thiss sign marks thee entrancet to the First Broad River Trail along the Carolina Thread Trail in Shelby. NC. Thought this sign is part oft the Thread Trail, thes sign was designedt to match Shelby's Parks & Rec Family of signs. These examples are provided to show an example of thec durability of wooden posts that ACSM isp proposing for the Crystal Coast Wayfinding project. FIRST BROAD RIVER TRAIL Shelbyn EARWATER PAPER Design Intent NOTES: Woodens signp post witha aluminum base guarda and decorativer rope elements. Signg panelconsistso ofr reflective vinyl appliedt top painteda aluminum u-channel, securedv with lags into the sides ofv wooden post. 02025ACSM inc Al rights reserved. Scale: 1/2'-1 Client Name COLNICOBENC Project Name Wafindingo Dusignintent roject Number: Drawny Checkedey MCAMPITIELLO ate Crested Sheet itie 2 Mile OptionA /21 Mile- Option 1425 Revision Dates 22-2025 et Nu mb ber -2-2025 025 2 - 0 - Design Intent Pine Knoll NOTES Shores Wooden sign posty witha aluminum! base guard ando decorative ropee elements. Indian Beach/ Signg panels consist tofr reflective vinyl Salter Path appliedt to painteda aluminum panels, secured withl lagsi intot the sides of wooden post. Emerald Isle e2025ACSMI nc. Allrightsn reserved. Scale: 1/2'=1 Client Name Crystal Cosst NC voject Name: Wayfinding Design intent roject Number: Drawnay Checkedey CAMPIT E ELLO DateCrested Sheet Tite 41425 vision Dates -22-2025 et Nu umber -2-2025 58 2025 4 Design Intent NC Aquarium NOTES Woodens signp post witha aluminum base guard ando decorative rope elements. Signg panels consist of reflective vinyl Atlantic Beach 1 appliedt to painteda aluminum panels, securedy with lagsi intot the sides of wooden post. Fort Macon State Park 02025ACSM nc. Alirights reserved. Scale 1/2'=1 Client Name Crystal Coast NC Project Name Wayfinding Dusign nintent roject Number: Drawnay Checkedey MCAMPMTELLO Date Crested Sheet Title 14a5 evision Dates 22-2025 et lur umber S-2-2025 e 2025 5 8 ) - D Design Intent NOTES: Woodens sign posty witha aluminum base - P guard and decorative rope elements. Signy panels consist ofr reflective vinyl appliedt to painted aluminum panels, Public Public secured withl lagsi into the sides of Public wooden post. Beach Beach Beach Access Access Access 02025ACSM, inc Allrightsr reserved. cale: 1/2'=1" Client Name Crystal Coast ENC oject Name Wafindingt Duignintent Project Number: Drewn By Checkedey MCAMPITELLO ate Created Sheet Titie 1425 Devision Dates 22-2025 et umber 2-2025 025 7 8 D - e < o Design Intent NOTES: Aluminum signo cabinet cladin woodgrain HPL panels. Dimensional aluminum text. Aluminum plate dimensional waves Aluminum sign base and concrete pad. C CNVSTAL d 02025ACSM inc Alrightsreserved. SOAST Scale: 1/2"=1 WELCOMES YOU! Client Name CytaICOmEN NC Project Name Wfindingt Design nintent Project Number Drwnay Checkedey AN ELLO ate Create Sheet tk 25 Date 025 She eet 202 8 2025 9 8 - - Design Intent NOTES Sidev view tob bec consistent with county gateway signt type. Aluminum cladin woodgrain cs panels. Dimensional aluminum text. Aluminump plate dimensionalv waves. Aluminum sign base ando concrete pad. 02025ACSM Inc Altrightsr reserved. STAA C Scale: 1/2'=1 COAST BEACHES Client Name Crystal Cosst NC. Project Name Wafinding Duign nintent Project Number: Drawny Checkedey MCAMPITELLO Date Created shestnue 425 sion Dates 025 She 22025 58 2025 11 Design Intent NOTES: Side view to! bec consistent witho county gateway signt type. Aluminum cladin woodgrain cbses panels. Dimensional aluminum text. Aluminum plate dimensionaly waves. Aluminum sign basea ando concrete pad. 02025ACSM Inc Allr rightsn reserved. CVSTAR C BEACHES scale 1/2'=1 COAST Emerald Isle ndian Salter Path Client Name Crystal Coast NC. ine noll Shore es Atl lantic Be ach Project Name Wfindingo Dusign intent Project Number Drawnay Checkeday CA AMPI ate Created SheetTitie 425 ision Dates 4-22-2025 et ber $22025 582025 12 Design Intent NOTES Aluminum sign cabinet cladin woodgrainHPL panels. Dimensional aluminum text. Aluminum plate dimensional waves. Aluminums sign base and concrete pad. 02025ACSMI Inc. Alrightsreserved. cale: 1/2'=1 Client Name CystaICOssE NC Project Name Wafindingt Duignintent Project Number: Drawnsy Chedkedey MCAMPITELLO Date Crested Sheet Title 25 Revision Dates 4-22-2025 et mb -2-2025 -8 2025 14 Design Intent NOTES: 02025ACSM Inc Alrightsreserved Scale: 1/2'-1" Client Name CytaiCoasE NC. roject Name Wayfinding Duign nintent roject Number Drawnay Checkeday te Created shest Tde 1425 ion Dates 4-22-2 2025 he -2-2025 se 2025 15 Design Intent NOTES: Side viewt tob bec consistent with county gateways signtype. Aluminum signo cabinet cladin woodgrain HPLF panels. Dimensional aluminum text. Aluminum plate dimensional waves. Aluminum sign basea ando concrete pad. OINE KNO DEAUFOR 2025ACSM Inc Allrightsreserved SHORES Scale: 1/2'-1 Client Name Crystal Coast NC. Project Name Wpfindingt Dusign Intent Project Number: Drawney Checkedy MCAMPITIELL o Dmteciestes Sheet ritle 414-25 Revision Dates 2025 Number 2 2025 -8 025 16 CARTERET COUNTY Board of Commissioners Regular Item Meeting Date: V. 16-Jun-25 Presenter: Nick Wilson ORTH TERET CAROLINA COUNT TY 1722 ITEM TO BE CONSIDERED Title: Recognition of the April, May, and June 2025 Recipients of the Jaime Hicks Long Employee of the Month Award Brief Summary: Mr. Wilson will present each employee to the Board and make a few comments about their accomplishments The Board will present certificates of appreciation to the employees 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: VI. 16-Jun-25 Presenter: Commissioner Quinn CARTERETO NORTH CAROUNA COUNTY 1722 ITEM TO BE CONSIDERED Title: Recognition of the Croatan Lacrosse Team State Championship Brief Summary: Commissioner Quinn will congratulate the Lacrosse Team and present each member with a Certificate of Achievement 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. 16-Jun-25 Presenter: CARTERE NC ET COUNTY ARG 1722 ITEM TO BE CONSIDERED Title: Public Comments Brief Summary: Citizens will be provided three minutes to speak during Public Comment. If the Board of Commissioners approves of the agenda item as presented, the following motion(s) is (are) suggested: 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 Meeting Date: VIII. 16-Jun-25 Presenter: Sharon Griffin CARTERET RTH CAROLINA COUNTY 1722 ITEM TO BE CONSIDERED Title: Manager's Report Brief Summary: Ms. Griffin will provide a Manager's Report. 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 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 Meeting Date: IX. 16-Jun-25 Presenter: Board CARTERET NORTHCAROLINA COUNTY 1722 ITEM TO BE CONSIDERED Title: Appointments Brief Summary: See attached memorandum highlighting appointments; applications attached as noted. Ift the Board of Commissioners approves of the agenda item as presented, the following motion(s) is (are) suggested: Nominations will be considered for the various vacancies. BACKGROUND Originating Department Attachments: County Manager's Office 1 Memorandum 2 Applications 3 Staff Contact: 4 Lori Roberson Turner 5 REVIEWED BY County Manager County Attorney Clerk to the Board ACM/Finance Director Board of Commissioners County Manager/ Chris Chadwick, Chair County Mark Mansfield, Vice-Chair Sharon Attorney D. Griffin Chimer Clark Keith Moore Clerk to the Board David Quinn Lori R. Turner Chuck Shinn A RS o Marianne Waldrop TO: Board of Commissioners FROM: Lori Turner SUBJECT: Appointments DATE: June 16, 2025 The following appointments are noted for discussion at the June 16, 2025 meeting: CARTERET COUNTY ABC BOARD *ONLY THREE SEATS AVAILABLE: Karen Hardesty, reappointment to a 3-year term, application attached Brandon Sewell, reappointment to a 3-year term, application attached Ralph Morgan, reappointment to a 3-year term, application attached Timothy McLaughlin, appointment to a 3-year term, application attached EASTERN CAROLINA WORKFORCE DEVELOPMENT BOARD Michael Kraszeski, reappointment to a 2-year term, application attached FIREMAN'S RELIEF FUND BOARD Alison Bentz, appointment to a 2-year term as the Broad and Gales Creek Representative, application attached HWY 70 CORRIDOR COMMISSION Rod Kirk, appointment to a 1-year term as the County Government Economic Development Officer Patrick Flanagan, appointment to a 1-year term as the County Government Transportation Committee Representative Matt Reynal, appointment to the unexpired term vacated by Mr. Jesse Vinson. Term will expire on 12/31/25 CARTERET COUNTY TRANSPORTATION COMMITTEE Patrick Flanagan, appointment to an indefinite term as the At-Large Eastern Representative JUVENILE CRIME PREVENTION COUNCIL Pamela Stewart, reappointment to a 2-year term as an At-Large Representative, application attached Susan Mcintyre, reappointment to a 2-year term as an At-Large Representative, application attached Anthony Palbicke, reappointment to a 2-year term as an At-Large Representative, application attached SENIOR CENTER ADVISORY BOARD Michael Gooden, reappointment to a 2-year term, application attached CARTERET COUNTY ZONING BOARD OF ADJUSTMENT Bradford Owen, appointment to a sitting member of the board and a 3-year term. Mr. Owen currently serves as an Alternate Lori Turner From: noreply@cwiplus.com Sent: Tuesday, April 15, 2025 1:25 PM To: Ray Hall; Lori Turner Subject: Online Form Submittal: Boards & Commissions Appointment Application CAUTION: This email originated from outside of the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Boards & Commissions Appointment Application First Name Karen Last Name Hardesty Address 408 Taylorwood Drive City Beaufort State NC Zip 28516 Home Number 252-504-8566 Cell Number 252-504-8566 Fax Number Field not completed. Work Number 252-728-8473 E-Mail Address cNCStESCTEN Committees of Interest ABC Board Committees of Interest Field not completed. (Second Choice) Experience I have served on the ABC Board since 2018. currently serve as Vice-Chair. Occupation Register of Deeds Employer Carteret County Government Are you currently serving or Yes have you ever served on a public board or commission? If sO, please list below: I am currently on the ABC Board Please explain any NO anticipated conflict of interest or scheduling difficulties you may have, if appointed: Number of Years Living in 49 Carteret County: Are you a registered voter Yes in Carteret County? Applicants may attach a Field not completed. resume' or additional information about your interests for the Board of Commissioners to consider. Also, note that this document is considered a public document.) Email not displaying correctly? View iti in your browser. 2 Lori Turner From: noreply@cwrpluscom Sent: Wednesday, April 2, 2025 1:49 PM To: Ray Hall; Lori Turner Subject: Online Form Submittal: Boards & Commissions Appointment Application CAUTION: This email originated from outside of the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Boards & Commissions Appointment Application First Name Brandon Last Name Sewell Address 312 Silver Creek Landing Road City Swansboro State NC Zip 28584 Home Number 910-376-0970 Cell Number 910-376-0970 Fax Number Field not completed. Work Number Field not completed. E-Mail Address bsewell@thesewellagency.com Committees of Interest ABC Board Committees of Interest Field not completed. (Second Choice) Experience Continued commitment to the Board's operational success and profitability. Occupation Insurance Employer The Sewell Insurance Agency Inc Are you currently serving or Yes have you ever served on a 1 public board or commission? If sO, please list below: ABC Board Please explain any None anticipated conflict of interest or scheduling difficulties you may have, if appointed: Number of Years Living in 10+ Carteret County: Are you a registered voter Yes in Carteret County? Applicants may attach a Field not completed. resume' or additional information about your interests for the Board of Commissioners to consider. Also, note that this document is considered a public document.) Email not displaying correctly? View it in your browser. 2 Lori Turner From: noreply@cwitplus.com Sent: Monday, April 28, 2025 1:02 PM To: Lori Turner Subject: Online Form Submittal: Boards & Commissions Appointment Application CAUTION: This email originated from outside of the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Boards & Commissions Appointment Application First Name Ralph Last Name Morgan Address 217 Club Point Drive City Cape Carteret State NC Zip 28584 Home Number 9199657823 Cell Number 9199657823 Fax Number Field not completed. Work Number Field not completed. E-Mail Address rsm gmm@msn.com Committees of Interest ABC Board Committees of Interest Field not completed. (Second Choice) Experience Graduate N C State University 1968 Agricutural Economics. 36 years with N C Farm Bureau Insurance, 29 years as Agency Manager, Johnston County. CLU, ChFC Designations, 21 years Board of Trustees Baptist Retirement Homes of NC. Member Swansboro Rotary Club, President 2021-2022. Occupation Retired Employer N C Farm Bureau Insurance 1 Are you currently serving or Yes have you ever served on a public board or commission? If sO, please list below: Carteret County ABC Board June 2017- 2025 Please explain any None anticipated conflict of interest or scheduling difficulties you may have, if appointed: Number of Years Living in Part Time 1983-2004 Full Time 2004-Present Carteret County: Are you a registered voter Yes in Carteret County? Applicants may attach a Field not completed. resume' or additional information about your interests for the Board of Commissioners to consider. Also, note that this document is considered a public document.) Email not displaying correctly? View iti in your browser. 2 Lori Turner From: noreply@cwicpluscom Sent: Monday, April 21, 2025 10:54 AM To: Lori Turner Subject: Online Form Submittal: Boards & Commissions Appointment Application CAUTION: This email originated from outside of the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Boards & Commissions Appointment Application First Name Timothy Last Name McLaughlin Address 504 Brown Pelican Way City Beaufort State NC Zip 28516 Home Number 919-417-6628 Cell Number 919-417-6628 Fax Number Field not completed. Work Number Field not completed. E-Mail Address immo8169@gmal.com Committees of Interest ABC Board Committees of Interest Field not completed. (Second Choice) Experience 40+ years' experience in running various businesses and teams. I would be an immediate asset to the board. Occupation VP of Sales Employer PFISTERER Are you currently serving or No have you ever served on a public board or commission? If so, please list below: Field not completed. Please explain any NA anticipated conflict of interest or scheduling difficulties you may have, if appointed: Number of Years Living in 8 Carteret County: Are you a registered voter Yes in Carteret County? Applicants may attach a Field not completed. resume' or additional information about your interests for the Board of Commissioners to consider. Also, note that this document is considered a public document.) Email not displaying correctly? View iti in your browser. 2 Lori Turner From: noreply@cwcpluscom Sent: Thursday, May 15, 2025 8:57 AM To: Lori Turner Subject: Online Form Submittal: Boards & Commissions Appointment Application CAUTION: This email originated from outside of the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Boards & Commissions Appointment Application First Name Michael Last Name Kraszeski Address 115 Pearl Drive City Beaufort State North Carolina Zip 28516 Home Number 252-723-2002 Cell Number 252-723-2002 Fax Number Field not completed. Work Number Field not completed. E-Mail Address msasEM@eneTe-ncon Committees of Interest Eastern Carolina Workforce Development Board Committees of Interest Field not completed. (Second Choice) Experience Currently serve on the Eastern Carolina Workforce Development Board Past ECWDB Chairperson (2 terms) and chair of many committees Vice President, Veneer Technologies, Inc. (185 employees) Masters Degree of Business Administration Bachelors of Arts Degree, Biology My workforce development and executive experience has 1 provided me with a keen understanding of the need for an employer driven system that is focused on developing a labor force with relevant skills in partnership with our Community Colleges and other service providers. Occupation Executive Employer Veneer Technologies, Inc. Are you currently serving or Yes have you ever served on a public board or commission? If sO, please list below: Eastern Carolina Workforce Development Board Please explain any None anticipated conflict of interest or scheduling difficulties you may have, if appointed: Number of Years Living in 49 Carteret County: Are you a registered voter Yes in Carteret County? Applicants may attach a Field not completed. resume' or additional information about your interests for the Board of Commissioners to consider. Also, note that this document is considered a public document.) Email not displaying correctly? View iti in your browser. 2 Lori Turner From: norepy@cwitplus.com Sent: Thursday, May 15, 2025 8:33 AM To: Lori Turner Subject: Online Form Submittal: Boards & Commissions Appointment Application CAUTION: This email originated from outside of the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Boards & Commissions Appointment Application First Name Alison Last Name Bentz Address 322 Rollingwood Dr City Newport State NC Zip 28570 Home Number 252.499.4067 Cell Number 760.595.5287 Fax Number Field not completed. Work Number Field not completed. E-Mail Address alson@ensiaboastbs.com Committees of Interest Fireman's Relief Fund Board Committees of Interest Fireman's Relief Fund Board (Second Choice) Experience I have served on the Broad & Gales Creek Fireman's Relief Fund Board in the past, and I would like to continue to volunteer with them. I have many years experience as a volunteer with various organizations. I own a bookkeeping business and previously worked in the banking industry. My financial knowledge combined with volunteer experience allows me to contribute to the board when making financial decisions. Occupation Bookkeeper 1 Employer Crystal Coast Business Solutions, LLC Are you currently serving or Yes have you ever served on a public board or commission? If sO, please list below: Fireman's Relief Fund Board at Broad & Gales Creek Volunteer Fire Department. Please explain any nla anticipated conflict of interest or scheduling difficulties you may have, if appointed: Number of Years Living in 5 Carteret County: Are you a registered voter Yes in Carteret County? Applicants may attach a Field not completed. resume' or additional information about your interests for the Board of Commissioners to consider. Also, note that this document is considered a public document.) Email not displaying correctly? View iti in your browser. 2 Board of Commissioners County Manager/County Chris Chadwick, Chair Attorney Mark Mansfield, Vice-Chair Sharon D. Griffin Chimer Clark Keith Moore David Quinn Clerkto the Board Chuck Shinn Lori R. Turner Marianne Waldrop CAF RS Date: June 16, 2025 To: Carteret County Board of Commissioners From: Matt Reynal, Assistant County Manager Good afternoon Lori, If the Board is willing would like to have Patrick appointed to the Transportation Committee as the County's Planning Director/designee seat, if that is a voting position. If not I recommend he be appointed as the at-large eastern rep. No matter the seat he fills on that committee I also recommend Patrick and Rod be appointed to the US-70 commission. Patrick is our primary transportation planning liaison with outside agencies. Lastly, if the Board would like to fill Mr. Vinson's US-70 seat with a staff person I'm happy to fill that role. Thanks, Matt Carteret County Courthouse e 302 Courthouse Square . Beaufort, NC 28516-1898 wwwcarteretcounynegox Lori Turner From: Jesse Vinson <vinson@ecrr.com> Sent: Saturday, May 10, 2025 8:34 AM To: Durwood Stephenson Cc: Commissioner Chadwick; Lori Turner Subject: Resignation CAUTION: This email originated from outside of the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Durwood, This is indeed a difficult message to send! I've always believed that when an individual can no longer contribute 100 % to the board or commission on which he serves, he should step aside and make room for a more effective appointee. believe I have reached that point! The arthritis in my back now causes me consistent pain and traveling causes a lot of discomfort. My doctors and family have encouraged me to step away and try to devote more time for my back to improve some if at all possible. For this reason I believe it would be best for me to step aside and allow a replacement to be appointed to my position. My resignation is effective immediately have truly enjoyed my appointment to the HWY 70 / 142 Commission. It has been a tremendous learning experience and your support and guidance has been immeasurable. It has indeed been a privilege to serve with you and the rest of the team. - can only hope that have contributed some measure of value. - wish the very best to you and the Commission. Jesse Vinson Sent from my iPhone Lori Turner From: norepy@cwcpluscom Sent: Thursday, May 22, 2025 8:47 AM To: Lori Turner Subject: Online Form Submittal: Boards & Commissions Appointment Application CAUTION: This email originated from outside of the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Boards & Commissions Appointment Application First Name Pamela Last Name Stewart Address 135 Terrapin Court City Newport State NC Zip 28570 Home Number 252-726-6547 Cell Number 252-725-2921 Fax Number Field not completed. Work Number Field not completed. E-Mail Address papstewangearninsnet Committees of Interest Juvenile Crime Prevention Council Committees of Interest Field not completed. (Second Choice) Experience I have been an active and enthusiastic JCPC member for a number of years and wish to continue serving on this board. I am the current Carteret JCPC chair person. I have over 40 years of experience in child welfare. - continue to be interested in the correlation between early childhood experiences that place our youth at risk for juvenile delinquency. Occupation Retired 1 Employer N/A Are you currently serving or Yes have you ever served on a public board or commission? If sO, please list below: Juvenile Crime Prevention Council, Child Fatality Prevention Please explain any None anticipated conflict of interest or scheduling difficulties you may have, if appointed: Number of Years Living in Over 30 Carteret County: Are you a registered voter Yes in Carteret County? Applicants may attach a Field not completed. resume' or additional information about your interests for the Board of Commissioners to consider. Also, note that this document is considered a public document.) Email not displaying correctly? View iti in your browser. 2 Lori Turner From: noreply@cwrpluscom Sent: Friday, June 6, 2025 5:05 PM To: Lori Turner Subject: Online Form Submittal: Boards & Commissions Appointment Application CAUTION: This email originated from outside of the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Boards & Commissions Appointment Application First Name Susan Last Name Mcintyre Address 110 Woodridge Drive City Morehead City State NC Zip 28557 Home Number 252.726.2436 Cell Number 252.342.4308 Fax Number Field not completed. Work Number Field not completed. E-Mail Address mentyresh@gmal.com Committees of Interest Juvenile Crime Prevention Council Committees of Interest Field not completed. (Second Choice) Experience Currently licensed NC attorney. Admitted to the Bar in 1984. Retired from Carteret Community College as program director of an ABA approved Paralegal program. Worked extensively in juvenile court in Craven County. Have served on Carteret County JCPC for several years. Chaired JCPC Funding and Review Committee for several years. Occupation retired attorneyleducator 1 Employer Carteret Community College Are you currently serving or Yes have you ever: served on a public board or commission? If sO, please list below: Carteret County JCPC, Carteret Health Care Patient Advisory Committee, NC Credit Union Commission Please explain any None anticipated conflict of interest or scheduling difficulties you may have, if appointed: Number of Years Living in 50+ Carteret County: Are you a registered voter Yes in Carteret County? Applicants may attach a Field not completed. resume' or additional information about your interests for the Board of Commissioners to consider. Also, note that this document is considered a public document.) Email not displaying correctly? View iti in your browser. 2 Lori Turner From: noreply@cwiplus.com Sent: Sunday, June 8, 2025 3:15 PM To: Lori Turner Subject: Online Form Submittal: Boards & Commissions Appointment Application CAUTION: This email originated from outside of the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Boards & Commissions Appointment Application First Name Anthony Last Name Palbicke Address 321 Foster Creek Rd. City Swansboro State NC Zip 28584 Home Number 8476130376 Cell Number 8476130376 Fax Number 2522226074 Work Number 2522226249 E-Mail Address pabickea@caneretedu Committees of Interest Juvenile Crime Prevention Council Committees of Interest Juvenile Crime Prevention Council (Second Choice) Experience I am currently a "member at large of JCPC, and my term expires on 6/30/25. I wish to continue to serve on JCPC. I am Lead Instructor for Criminal Justice at Carteret Community College, and will begin my 9th year in this position in August of 2025. I am a retired Police Officer from the Chicago area with 25 years of Law Enforcement experience. I was assigned to Investigations and YOUTH for most of my career. have a B.S. degree, Master of Arts degree, and have 1 completed my PHD at Kansas State University. I believe that my current role and connection to Carteret County, my extensive education and experience makes me a valuable member for JCPC, and would like to continue in this role for Carteret County and for Carteret Community College. do not reside in Carteret County, but my connection to Carteret County is strong. I am President of Carteret County CRIME STOPPERS and am a new member of the Carteret County Corrections Re-Entry Commission. CV on request. Thank you. Occupation Lead Instructor, Criminal Justice Employer Carteret Community College Are you currently serving or Yes have you ever served on a public board or commission? If sO, please list below: Yes, I am currently a Member of JCPC and seek reappointment. Please explain any No, I do not. anticipated conflict of interest or scheduling difficulties you may have, if appointed: Number of Years Living in N/A Carteret County: Are you a registered voter No in Carteret County? Applicants may attach a Field not completed. resume' or additional information about your interests for the Board of Commissioners to consider. Also, note that this document is considered a public document.) Email not displaying correctly? View it in your browser. 2 Lori Turner From: noreply@cwiplus.com Sent: Tuesday, May 13, 2025 12:00 PM To: Lori Turner Subject: Online Form Submittal: Boards & Commissions Appointment Application CAUTION: This email originated from outside of the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Boards & Commissions Appointment Application First Name Michael Last Name Gooden Address 4219 Sound Drive City Morehead city State NC Zip 28557 Home Number 919-580-8319 Cell Number 919-580-8319 Fax Number Field not completed. Work Number Field not completed. E-Mail Address mgooensz8@gmal.con Committees of Interest Senior Center Advisory Board Committees of Interest Field not completed. (Second Choice) Experience Current Member Occupation Retired Employer None Are you currently serving or Yes have you ever served on a public board or commission? 1 Ifs sO, please list below: Senior Center Advisory Board Please explain any None anticipated conflict of interest or scheduling difficulties you may have, if appointed: Number of Years Living in 10 Carteret County: Are you a registered voter Yes in Carteret County? Applicants may attach a Field not completed. resume' or additional information about your interests fori the Board of Commissioners to consider. Also, note that this document is considered a public document.) Email not displaying correctly? View it in your browser. 2 PLANNING AND DEVELOPMENT Gregory Hartman Interim Director Morehead City Office Phone: 252-728-8545 Fax: 252-732-2065 CARD Dear County Commissioners, Jim Henderson's term on the Zoning Board of Adjustment has expired and he does not wish to continue his service. Interim Planning Direct, Gregory Hartman, requests that Bradford Owen, who is currently serving as an alternate on the Zoning Board of Adjustment, be appointed as a full-time member for a 3-year term. Gregory Hartman Interim Planning Director Carteret County Planning & Development (252) 728-8545 Birgog SHârman 6/6/2025 Location: 3820 Bridges Street Suite B Morehead City, NC 28557 Lori Turner From: Leah Aldret Sent: Friday, June 6, 2025 9:58 AM To: Lori Turner; Meredith Carver Cc: Gregg Hartman Subject: FW: ZBA term Good morning, Jim Henderson has decided not to serve another term on the Zoning Board of Adjustment. I will send out a separate email after my conversation with Bradford Owen, who is currently serving on the Board as an alternate, if he is interested in becoming a full time Board member. Thank you, Leah Aldret Administrative Manager Carteret County Planning & Development 3820 Bridges Street, Ste. B Morehead City, NC 28557 Ph 252-728-8545 Leahaldret@carteretcountync.goy From: Jim Henderson <jmhendersonh20@gmail.com> Sent: Thursday, June 5, 2025 10:09 AM To: Leah Aldret <leah.Aldret@carteretcountyncgov, Subject: Re: FW: ZBA term CAUTION: This email originated from outside of the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Hi Leah, After serving a few terms on the Carteret County Zoning Board of Adjustments, / have chosen not to serve another term. Thank you to all members of the planning department and fellow board members for their knowledge and assistance. 1 Respectfully, Jim Henderson Timco Insulation PO Box 1916 1115 N. 20th. Street Morehead City, NC 28557 Office 252-222-4828 Fax 252-240-3808 Jim's Mobile 252-725-2445 : TIMCO INSULATION Proudly Serving the Southeast Since 1976 1 ARAMIE 71V & IELEstin hL OHEN'S Charleston, SC . Columbia, SC . Florence, SC . Myrtle Beach, SC Greenville, 5C. Charlotte, NC-South Division . Charlotte, NC-North Division . Triad, NC . Western, NC- Outer Banks, NC. Raleigh, NC- Morehead City, NC- Augusta, GA . Statesboro, GA . Savannah, GA . Richmond, VA WWW.COHENS.COM On Wed, Jun 4, 2025 at 3:33 PM Leah Aldret <leah.Aldret@arteretcountyncgovp wrote: Good afternoon Jim, 2 CARTERET COUNTY Board of Commissioners Regular Item Meeting Date: X. 16-Jun-25 Presenter: Board CAI NORTH TERET CAROLINA COUNTY 1722 ITEM TO BE CONSIDERED Title: Commissioners' Comments Brief Summary: The Commissioners will provide their comments If the Board of Commissioners approves of the agenda item as presented, the following motion(s) is (are) suggested: 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 Meeting Date: XI. 16-Jun-25 Presenter: Board CAI NORT TERET CAROLI COUNT INA 1722 ITEM TO BE CONSIDERED Title: Adjournment Brief Summary: If 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