RFP 005-24 - Veterinarian Services - Animal Services.pdf

REQUEST FOR PROPOSAL

Proposal No. 005-24

Proposal Title:

Veterinarian Services

Date of Issue: May 8, 2024 Proposals Due: May 23, 2024

Time: 2:00 PM

Issued For:

Onslow County Animal Services

246 Georgetown Road Jacksonville, North Carolina 28540

Issued By:

Onslow County Purchasing Department

234 NW Corridor Blvd.

Phone: (910) 455-1750

KEY INFORMATION SUMMARY SHEET

Request for Proposals Veterinarian Services

RFP # 005-24

RFP Issue Date: May 8, 2024

Mailing address to submit proposals: Onslow County Purchasing Department Attn: Christina Russell, Purchasing Division Head 234 NW Corridor Blvd.

Jacksonville, NC 28540

Deadline for Written Questions: 12:00 noon May 15, 2024

Questions to be emailed to: Christina_Russell@onslowcountync.gov

Proposal Due Date: May 23, 2024, no later than 2:00PM

If you have received this Request for Proposal from a source other than the Onslow County Purchasing Department, it is the responsibility of the Proposer to ensure that all addenda have been received. Bidders can notify Christina Russell by email at Christina_Russell@onslowcountync.gov to ensure that your company is added to the distribution list.

However, it is still the responsibility of the Proposer to ensure that all addenda are received prior to submitting a proposal.

Issue Date: May 8, 2024

RE: Request for Proposals, Proposal No. 005-24

Veterinarian Services

To Whom It May Concern:

The County of Onslow is seeking proposals from qualified, licensed veterinarians authorized to practice in the State of North Carolina to provide veterinarian services for the Onslow County Animal Services Department. The contracted veterinarian will provide spay/neuter services either on-site or at the Providers location weekly.

Attached you will find a Request for Proposal (RFP) which identifies the minimum requirements of the RFP.

In order to be considered, all Request for Proposals must be submitted in writing no later than 2:00 PM (EST) May 23, 2024. No proposals will be accepted after this time. Bidders mailing proposals should allow delivery time to ensure timely receipt of their proposals. The responsibility for getting the proposal to the Onslow County Purchasing Department on or before the specified time and date is solely and strictly the responsibility of the proposing bidder. The County will in no way be responsible for delays caused by any occurrence. Proposals may be hand carried or mailed to:

Attention: Christina Russell, Purchasing Division Head

234 NW Corridor Blvd.

Any questions pertaining to this Request for Proposal must be submitted in writing no later than 12:00 PM on May 15, 2024. Questions may be emailed to Christina Russell at:

Christina_Russell@onslowcountync.gov

Any changes or modifications to this Request for Proposal will be transmitted in writing through an addendum. It will be the responsibility of the proposer to ensure that all addenda are received.

The County encourages participation by small, minority, and woman-owned businesses. Onslow County reserves the right to waive any informalities, to reject any and all proposals, and to accept any proposal which in its opinion may be in the best interest of the County.

No Proposal will be received or accepted after 2:00 PM, EST, May 23, 2024. Late proposals will be deemed invalid and returned unopened to the service provider.

Thank you, Christina Russell, CLGPO Purchasing Division Head

1.0 General

The County of Onslow is seeking to contract with a licensed veterinarian. The County’s goal is reducing pet overpopulation by ensuring that all adopted dogs and cats have been spayed and neutered before leaving the shelter; therefore, spay and neutering services will be provided by the veterinarian. A more detailed list of the required services may be found under Section 18.0 “Scope of Services.“

Onslow County Animal Services currently adopts out an average of 125 dogs and cats a month. The County’s adoption figures for the year 2023 were 494 dogs and 693 cats.

2.0 Preparation of Proposal

Each Proposer must thoroughly examine the Request for Proposal and contract documents to ensure that all requirements can be met. Proposals shall be submitted on the forms included with the bid documents. Proposals shall be signed by the person or persons legally authorized to bind the Provider to a contract. Proposals that are not signed may be rejected.

3.0 Submittal Deadline

In order to be considered all proposals must be in writing, sealed, and submitted no later than 2:00 PM (EST) on May 23, 2024. Time is of the essence; No proposal will be accepted after the official time and date. Firms mailing responses should allow delivery time to ensure timely receipt of their proposals. The responsibility for getting the proposal to Onslow County Purchasing Department on or before the specified time and date is solely and strictly the responsibility of the responding firm. The County will in no way be responsible for delays caused by any occurrence. Responses may be hand carried or mailed to:

Attn: Christina Russell 234 NW Corridor Blvd.

Jacksonville, North Carolina 28540 Hours of Operation: Mon – Fri 8:00 a.m. - 5:00 p.m. (EST)

Only sealed proposals will be accepted; however, this is not a public bid opening. The outside of the sealed envelope shall be clearly marked “RFP # 005-24 Veterinarian Services”

4.0 Questions

All questions pertaining to this Request for Proposal (RFP) shall be submitted in writing no later than May 15, 2024, by 12:00 PM. Questions may be emailed to Christina Russell at:

Christina_Russell@onslowcountync.gov

Only written questions will be considered formal. Any information given verbally or by telephone will be considered informal. Any questions that the County feels are pertinent to all proposers will be mailed as an addendum to the RFP.

5.0 Addenda

Any interpretation, correction or change of this RFP will be made by Addendum and issued through the County Purchasing Department. Addenda will be distributed to all who are known by the County to have received the RFP documents. It is the responsibility of the Proposer to ensure that all Addenda has been received prior to submitting a response.

6.0 Evaluation & Award of Contract

The County of Onslow reserves the right to reject any and or all proposals and to waive any minor informalities in a proposal. Award will be made to the Proposer whose proposal is most advantageous to the County taking into consideration the following criteria:

• The ability, capacity, and skill of the Provider to perform the services required under the contract;

• The character, integrity, reputation, judgment, experience, and efficiency of the Proposer;

• The quality of service and level of performance of a Provider under previous contracts, if any;

• The previous and existing compliance by the Provider with laws and ordinances relating to the service;

The successful Proposer will be notified in writing within ninety (90) days, or sooner, after the receipt of proposals. Verbal notification of award is not considered a liable mode of notification and therefore will not be recognized as an official notification.

Upon issuance of a contract award by the County, the successful Provider will perform the services as specified at the stated prices and in accordance with all provisions of the proposal documents. The County will designate one point of contact to oversee the contract.

7.0 Contract Period

The term of the initial contract will be for a 12-month period beginning July 1, 2024 and ending June 30, 2025.

8.0 Option to Renew

This contract may be extended on an annual basis. This option, if exercised, is to be executed as a letter of agreement or Amendment to Extend the Contract, issued no sooner than sixty (60) days prior to expiration of this contract. This option to renew requires the mutual agreement of both parties.

9.0 Withdrawal of Proposal

A Provider may withdraw its proposal prior to the time that proposals are due by sending a written request to the Purchasing Division Head. Withdrawal of proposal after the deadline may only be withdrawn in accordance with N.C.G.S. 143-131.1.

10.0 Exceptions to the Proposal

Exceptions to any specification or requirement contained herein must be clearly stated on the “Exceptions to the Proposal and Sample Agreement” form. The form is provided herein.

11.0 Sample Agreement

Attached is a Sample Service Agreement that describes the County’s contractual terms and conditions. The successful Provider will be required to enter into a service agreement with the County. Any exceptions to the terms and conditions of the Service Agreement must be documented and listed on the “Exceptions to the Proposal and Sample Agreement” form.

12.0 Non-Collusion Affidavit

Each submittal must be accompanied by a notarized affidavit on non-collusion, executed by the Provider or in the case of a corporation, by a duly authorized representative of said corporation.

The Non-Collusion Affidavit is provided herein.

13.0 Proprietary Information

Trade secrets or proprietary information submitted in connection with a procurement transaction shall not be subject to the public disclosure under the North Carolina Public Records Act pursuant to NC General Statutes §66-152(3). However, the Provider must invoke the protection of this section prior to or upon submission of the data or other materials and must identify the data on other materials to be protected and state the reasons why protection is necessary. Each individual page considered a trade secret or proprietary information must be labeled “Confidential” in the top right corner.

14.0 Change of Ownership

If the Provider changes owners or goes out of business during the term of the contract, sixty (60) days advance written notice of such change shall be provided to the County. If the Provider changes ownership and fails to comply with this provision, the County may terminate the contract immediately.

In the event the Provider gives sixty (60) days advance notice to the County of change of ownership, the County, at its sole discretion, may terminate the contract at the end of the sixty

(60) day notice period, or may continue the contract with the new owner(s) under the same terms and conditions. The new owner(s) shall not have the right to unilaterally terminate the contract.

15.0 Subcontractual

The successful Provider would be the primary contractor for spay and neuter services. The services could be provided either on-site at the Onslow County Animal Services Department with the help of the trained staff, or at the Provider’s location with the use of Provider’s own staff.

The Provider shall not sub-contract the work without the prior approval of the County.

16.0 Insurance Requirement for Service – See sample Service Agreement for limits

The Provider shall provide the County an original Certificate of Insurance indicating that the Provider has in force the required coverage prior to the start of any Work under this Contract and agrees to maintain such insurance until the completion of this Contract. All insurance policies shall be with insurers with an acceptable rating, registered and licensed to do business in the State of North Carolina.

Each policy shall provide a thirty (30) day notification clause in the event of cancellation, non-renewal, or adverse change. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate shall be on file with the County at least fifteen (15) days prior to the expiration date. Failure to maintain the proper insurance will be grounds for termination of contract.

17.0 References

Bidders shall provide a minimum of three (3) references. Reference form is attached.

18.0 Scope of Work

The Provider shall be a licensed veterinarian authorized to practice in the State of North Carolina and be in good standing in all respects with appropriate licensing agencies and medical boards.

The Provider shall have a valid driver's license.

The Provider will be required to perform the following duties and services:

• Conduct 30 to 50 sterilization surgeries per week of all animals leaving the shelter through adoption or rescue.

• Responsible for brief pre-surgical exams to ensure animal is healthy enough to undergo anesthesia.

• Assist in keeping complete medical records and drug records required by the Drug Enforcement Agency.

• Provide follow-up care for any surgery related complications.

PROPOSAL FORM – Page 1 of 1

To the County of Onslow, North Carolina:

I have carefully examined the Request for Proposal and any other documents, to include addenda, accompanying or make a part of this Request for Proposal to perform the necessary services.

I certify that all information contained in this proposal is truthful to the best of my knowledge and belief.

I further certify that I am duly authorized to submit this proposal on behalf of the contractor as its act and deed and that the contractor is ready, willing, and able to perform if awarded the contract.

I hereby acknowledge receipt of any Addenda issued by County. It is the responsibility of the bidder to ensure that all addenda have been received.

Addenda No. ______ dated ___________________ Addenda No. ______ dated ___________________

I, _____________________________________ propose to provide the following services at the rates listed below:

Cat Spay/Neuter Male: $ ___________ Female: $ ___________

Dog Spay/Neuter Dogs 4 lbs. to 50 lbs.: $ ____________ Dogs 50 lbs. to 74 lbs.: $ ___________ Dogs over 74 lbs.: $ _____________

Additional Services Cryptorchid Charge: $____________ Reducible Hernia Repair (with surgery): $___________ Microchip Implant (while sedated): $_____________

List any additional service fee description and rates below:

Company/Individual Name: _____________________________________________________

Address: _____________________________________________________________________

City/State/Zip: _________________________________________________________________

Phone/Fax: ___________________________________________________________________

Email: _______________________________________________________________________

Authorized Signature: __________________________________ Date: ___________________

Print Name: ________________________________________

REFERENCES

Provide, at a minimum, three (3) references.

Agency/Company Name: _______________________________________________________________

Street Address: ________________________________________________________________________

City, State and Zip Code: ________________________________________________________________

Contact Name: ________________________________________________________________________

Contact Phone Number: _________________________________________________________________

Date Service Provided: __________________________________________________________________

Street Address: ________________________________________________________________________

City, State and Zip Code: ________________________________________________________________

Contact Name: ________________________________________________________________________

City, State and Zip Code: ________________________________________________________________

Contact Name: ________________________________________________________________________

Agency/Company Name: ________________________________________________________________

City, State and Zip Code: ________________________________________________________________

Contact Name: ________________________________________________________________________

NON-COLLUSION AFFIDAVIT

STATE OF NORTH CAROLINA COUNTY OF ONSLOW

________________________________________________(name), being first duly sworn deposes and says that:

He/Se is the ___________________(title) of ___________________________________ (company name) attached bid;

He/She is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid;

Such bid is genuine and is not collusive or sham bid;

Neither the said bidder, nor any of its officers, partners, owners agents, representatives, employees or parties in interest, including this affiant, has in any way collude, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly sought by agreement or collusion or communication or conference with any other bidder, firm or person to fix any overhead, profit, or cost element of the bid price of any other bidder to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the County of Onslow, or any person interested in the proposed contract; and

The price or prices quoted in the attached bid are fair and proper and are not contained by any collusion, conspiracy, connivance, or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties, in interest, including this affiant.

_______________________________________(Title)

______________________________________(Signature)

Date: ___________________________________

NOTARIZE

Subscribed and sworn to before me, this the ______ day of ________________, 20_____.

Notary Public ________________________

County of ______________________________, State ______

My Commission expires _______________________

EXCEPTIONS TO THE PROPOSAL AND SAMPLE SERVICE AGREEMENT

Please list here all exceptions to the Veterinarian Services Proposal, Proposal No. 005-24. Failure to do so may result in disqualification of the proposal. Any RFP clauses to which the Provider does not take exception will assume to be agreed upon by the Provider. For any exception, please reference with the appropriate page/section number.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

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

(a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal Department or agency;

(b) have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) are not presently indicted or otherwise criminally or civilly charged by a governmental entitle

(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and

(d) have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Business Name: _______________________________________

Address: ________________________________________

City/State/Zip: ________________________________________

Signature: _________________________________________ (Seal if Corporation)

Title: _________________________________________

Date: _________________________________________

STATE OF NORTH CAROLINA AFFIDAVIT OF COMPLIANCE: E-VERIFY

COUNTY OF ONSLOW

I, ____________________________ (the individual attesting below), being duly authorized by and on behalf of ________________________________ (hereinafter "Firm") after first being duly sworn hereby swears or affirms as follows:

1. Firm understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with Article 2 of Chapter 65 of the North Carolina General Statutes; and

2. Firm understands that “Employer”, as defined in NCGS§64-25(4), are required by law to use E- Verify to verify the work authorization of the employee through E-Verify in accordance with NCGS§64- 26(a). The term “Employer” does not include State agencies, counties, municipalities, or other governmental bodies.

3. Firm is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in the state of North Carolina. (Mark Yes or No)

a. YES _____, or b. NO _____

4. Firm will ensure compliance with E-Verify by any subcontractors/subconsultants subsequently hired by Firm to perform work under Firm’s contract with Onslow County.

5. Firm shall keep the County of Onslow informed of any change on its status pursuant to Article 2 of Chapter 64 of the North Carolina Statutes.

This _______ day of ____________________, 202___.

Signature of Affiant

Print or Type Name: ________________________________

State of ____________________ County of _____________

Signed and sworn to (or affirmed) before me, this the _____ day of ________________, 20_____.

My Commission Expires: ___________________________

Notary Public

(A ffix O fficial/N otarial

Seal)

SAMPLE CONTRACT – DO NOT FILL OUT

NORTH CAROLINA

ONSLOW COUNTY

SERVICE CONTRACT

THIS CONTRACT is made, and entered into this the day of 2024 , by and between the COUNTY of ONSLOW, a political subdivision of the State of North Carolina, (hereinafter referred to as “COUNTY”), and , a corporation duly authorized to do business in the State of North Carolina, (hereinafter referred to as “CONTRACTOR”).

For and in consideration of mutual promises to each as herein after set forth, the parties hereto do mutually agree as follows:

1. SCOPE OF SERVICES. CONTRACTOR hereby agrees to provide the services and/or materials under this Contract pursuant to the provisions and specifications identified in “Attachment 1” (hereinafter collectively referred to as “Services”). Attachment 1 is hereby incorporated herein and made a part of this Contract. Time is of the essence with respect to all provisions of this Contract that specify a time for performance.

2. TERM OF CONTRACT. The Term of this Contract for Services is from to unless sooner terminated as provided herein.

3. PAYMENT TO CONTRACTOR. CONTRACTOR shall receive from COUNTY an amount not to exceed ($ ) as full compensation for the provision of Services during any one fiscal year period beginning July 1, through June 30. COUNTY agrees to pay CONTRACTOR at the rates specified for Services performed to the satisfaction of the COUNTY, in accordance with this Contract, and Attachment 1. Unless otherwise specified, CONTRACTOR shall submit an itemized invoice to COUNTY by the end of the month during which Services are performed. A Purchase Order number may be assigned to encumber the funds associated with this Contract and must appear on all invoices and correspondence mailed to Purchaser. Payment will be processed promptly upon receipt and approval of the invoice by COUNTY.

4. INDEPENDENT CONTRACTOR. COUNTY and CONTRACTOR agree that CONTRACTOR is an independent contractor and shall not represent itself as an agent or employee of COUNTY for any purpose in the performance of CONTRACTOR’s duties under this Contract. Accordingly, CONTRACTOR shall be responsible for payment of all federal, state and local taxes as well as business license fees arising out of CONTRACTOR’s activities in accordance with this Contract. For purposes of this Contract taxes shall include, but not be limited to, Federal and State Income, Social Security and Unemployment Insurance taxes.

CONTRACTOR, as an independent contractor, shall perform the Services required hereunder in a professional manner and in accordance with the standards of applicable professional organizations and licensing agencies.

5. INSURANCE AND INDEMNITY. 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.

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 Automobile Liability $100,000 Bodily Injury per Person /$300,000 Bodily Injury per Accident / $50,000 Property Damage per Accident, or $300,000 Automobile Liability Combined Single Limit Bodily and Property Damage

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.

6. LICENSURE, CERTIFICATION, AND REGISTRATION OF PERSONNEL. All personnel provided or made available by Contractor to render services hereunder shall be licensed, certified, or registered, as appropriate, in their respective areas of expertise as required by applicable North Carolina law.

7. CONFIDENTIALITY. All data and information, both written and verbal, furnished to Contractor by County shall be regarded as confidential, shall remain the sole property of County and shall be held in confidence and safekeeping by Contractor for the sole use of the parties and Contractor under the terms of this Agreement. Contractor agrees that its officers, employees, and agents will not disclose to any person, firm or entity other than County or County’s designated legal counsel, accountants, or practice management consultants any information about County, its practice or billing.

8. HEALTH AND SAFETY. CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs required by OSHA and all other regulatory agencies while providing Services under this Contract.

9. NON-DISCRIMINATION IN EMPLOYMENT. CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, sex, race, creed, national origin, or disability. CONTRACTOR shall take affirmative action to ensure that qualified applicants are employed and that employees are treated fairly and legally during employment with regard to their age, sex, race, creed, national origin, or disability. In the event CONTRACTOR is determined by the final order of an appropriate agency or court to be in violation of any non-discrimination provision of federal, state, or local law or this provision, this Contract may be canceled, terminated, or suspended in whole or in part by COUNTY, and CONTRACTOR may be declared ineligible for further COUNTY contracts.

10. GOVERNING LAW. This Contract shall be governed by and in accordance with the laws of the

State of North Carolina. All actions relating in any way to this Contract shall be brought in the General Court of Justice in the County of Onslow and the State of North Carolina.

11. TERMINATION OF CONTRACT. This Contract may be terminated, without cause and without penalty, by COUNTY upon thirty (30) days written notice to the CONTRACTOR, and such an early termination shall not be deemed to be a breach of this contract. This termination notice period shall begin upon receipt of the notice of termination. Such a termination does not bar either party from pursuing a claim for damages for breach of the contract if such a breach has occurred.

This Contract may be terminated, for cause, by the non-breaching party notifying the breaching party of a substantial failure to perform in accordance with the provisions of this Contract and if the failure is not corrected within ten (10) days of the receipt of the notification. Upon such termination, the parties shall be entitled to such additional rights and remedies as may be allowed by relevant law.

Termination of this Contract, either with or without cause, shall not form the basis of any claim for loss of anticipated profits by either party.

12. SUCCESSORS AND ASSIGNS. CONTRACTOR shall not assign its interest in this Contract without the written consent of COUNTY. CONTRACTOR has no authority to enter into contracts on behalf of COUNTY.

13. COMPLIANCE WITH LAWS. CONTRACTOR represents that it is in compliance with all

Federal, State, and local laws, regulations or orders, as amended or supplemented. The implementation of this Contract shall be carried out in strict compliance with all Federal, State, or local laws.

14. E-VERIFY. As a condition of payment for services rendered under this agreement, CONTRACTOR shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if CONTRACTOR provides the services to the County utilizing a subcontractor, CONTRACTOR shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes as well. CONTRACTOR shall verify, by affidavit, compliance of the terms of this section upon request by the County.

15. IRAN DIVESTMENT ACT. CONTRACTOR certifies that they are not listed on the Final

Divestment List created by the State Treasurer pursuant to N.C.G.S. 143-6A-4. Individuals or companies on the Final Divestment List are ineligible to contract or subcontract with Local Government Units. (G.S. 143C-6A-6(a).) It is the responsibility of each vendor or contractor to monitor compliance with this restriction. Contracts valued at less than $1,000.00 are exempt from this restriction.

16. DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL. The vendor or contractor certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81. It is the responsibility of each vendor or contractor to monitor compliance with this restriction. Contracts valued at less than $1,000.00 are exempt from this restriction.

17. GOOD STANDING WITH COUNTY. CONTRACTOR certifies that it is not delinquent on any taxes, fees, or other debt owed by CONTRACTOR to COUNTY. CONTRACTOR covenants and agrees to remain current on any taxes, fees, or other debt owed by CONTRACTOR to COUNTY during the Term of this Contract.

18. NOTICES. All notices which may be required by this contract, or any rule of law shall be effective when received by certified mail sent to the following addresses:

COUNTY OF ONSLOW

ATTN:

CONTRACTOR:

ATTN:

19. AUDIT RIGHTS. For all Services being provided hereunder, COUNTY shall have the right to inspect, examine, and make copies of any and all books, accounts, invoices, records and other writings relating to the performance of the Services. Audits shall take place at times and locations mutually agreed upon by both parties. Notwithstanding the foregoing, CONTRACTOR must make the materials to be audited available within one (1) week of the request for them.

20. COUNTY NOT RESPONSIBLE FOR EXPENSES. COUNTY shall not be liable to

CONTRACTOR for any expenses paid or incurred by CONTRACTOR, unless otherwise agreed in writing.

21. ANNUAL APPROPRIATIONS AND FUNDING. This Agreement may be subject to the annual appropriation of funds by the Onslow County Commissioners. Notwithstanding any provision herein to the contrary, in the event that funds are not appropriated for this Agreement, then County shall be entitled to immediately terminate this Agreement, without penalty or liability, except the payment of all contract fees due under this Agreement up to and through the last day of service.

22. NO PLEDGE OF TAXING AUTHORITY: No deficiency judgment may be rendered against

COUNTY or any agency of COUNTY in any action for breach of a contractual obligation under this contract. The taxing power of the COUNTY is not pledged directly or indirectly to secure any monies due under this contract.

23. NO WAIVER OF GOVERNMENTAL IMMUNITY; VIOLATION OF LAW: Except for waiver of governmental immunity resulting from the execution of a valid contract, COUNTY makes no other waiver of governmental immunity. If any provision of the Contract or Agreement is in violation of any legal, statutory, or state constitutional prohibition, then such provision(s) shall be unenforceable against COUNTY.

24. EQUIPMENT. CONTRACTOR shall supply, at its sole expense, all equipment, tools, materials, and/or supplies required to provide Services hereunder, unless otherwise agreed in writing.

25. ENTIRE CONTRACT. This Contract, including Attachment 1, shall constitute the entire understanding between COUNTY and CONTRACTOR and shall supersede all prior understandings and agreements relating to the subject matter hereof and may be amended only by written mutual agreement of the parties.

26. HEADINGS. The subject headings of the sections are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. This Contract shall be deemed to have been drafted by both parties and no interpretation shall be made to the contrary.

27. EXISTENCE. CONTRACTOR warrants that it is a corporation duly organized, validly existing, and in good standing under the laws of the State of North Carolina and is duly qualified to do business in the State of North Carolina and has full power and authority to enter into and fulfill all the terms and conditions of this contract.

28. AUTHORITY. By execution hereof, the person signing for CONTRACTOR below certifies that he/she has read this Contract and that he/she is duly authorized to execute this Contract on behalf of the CONTRACTOR. This Contract, together with any amendments or modifications, may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be considered one and the same agreement. This Contract may also be executed electronically.

By signing electronically, the parties indicate their intent to comply with the Electronic Commerce in Government Act (N.C.G.S § 66-358.1 et seq.) and the Uniform Electronic Transactions Act (N.C.G.S § 66-311 et seq.). Delivery of an executed counterpart of this Contract by either electronic means or by facsimile shall be as effective as a manually executed counterpart.

IN TESTIMONY WHEREOF, the parties have expressed their agreement to these terms by causing this Service Contract to be executed by their duly authorized office or agent.

Reviewed by Department Head CONTRACTOR:

____________________________________ By:_______________________________ Date Reviewed:

ONSLOW COUNTY

This instrument has been preaudited in the By:_________________________________ manner required by the Local Government and Fiscal Control Act

Onslow County Finance Officer