RFQ 101-27 Professional Services Air Service Development.pdf

Request for Qualifications

RFQ # 101-27

Professional Services Air Service Development

Issued By:

Onslow County Purchasing Department 234 NW Corridor Blvd.

Jacksonville, NC 28540 Phone: (910) 455-1750

Issued For:

264 Albert Ellis Airport Road Richlands, NC 28574

Date of Issue: August 27, 2026

Due Date: 2:00PM, September 25, 2026

KEY INFORMATION SUMMARY SHEET

Request for Qualifications RFQ # 101-27 Professional Services Air Service Development

RFQ Issue Date: August 27, 2026

Deadline for Questions: 12:00 noon on September 4, 2026

Emailed to Purchasingbids@onslowcountync.gov

Mailing address for submittals: Onslow County Purchasing Department Attn: Christina Russell, Purchasing Division Manager 234 NW Corridor Blvd.

Jacksonville, NC 28540

Responses Due: September 25, 2026 no later than 2:00PM, EST

August 27, 2026

RE: Request for Qualifications, RFQ No. 101-27

Professional Services Air Services Development

To Whom It May Concern:

The County of Onslow is seeking qualifications from qualified firms to provide professional services for the Onslow County Albert J. Ellis Airport for Air Service Development.

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

In order to be considered, all Submittals must be sealed and submitted, in writing, no later than 2:00 PM (EST) September 25, 2026. No qualifications will be accepted after this time. Firms mailing qualifications should allow delivery time to ensure timely receipt of their submittal. The responsibility for getting the qualifications to the Onslow County Purchasing Department on or before the specified time and date is solely and strictly the responsibility of the consulting firm. The County will in no way be responsible for delays caused by any occurrence.

Sealed submittals may be hand carried or mailed to:

ONSLOW COUNTY PURCHASING DEPARTMENT

Attention: Christina Russell

234 NW Corridor Blvd.

Jacksonville, North Carolina 28540

Any questions pertaining to this Request for Qualifications must be submitted in writing no later than 12:00 PM on September 4, 2026. Questions will be emailed to: Purchasingbids@onslowcountync.gov

Any changes or modifications to this Request for Qualifications will be transmitted in writing through an addendum. It will be the responsibility of the Proposer to ensure that all addenda have been received.

Onslow County reserves the right to waive any informalities, to reject any and/or all submittals, and to accept any submittal which in its opinion may be in the best interest of the County.

No submittal will be received or accepted after 2:00 PM, EST, September 25, 2026. Late submittals will be deemed invalid and returned upon request to the Consultant.

Thank you, Christina Russell, CLGPO Purchasing Division Manager

REQUEST FOR QUALIFICATIONS

FOR PROFESSIONAL SERVICES Air Service Development

ONSLOW COUNTY

I. INTRODUCTION, SCOPE OF SERVICES

The County of Onslow is seeking qualified consulting firms, licensed in the State of North Carolina, to submit their qualifications for consideration to provide Air Service Development services for the next (3) three to (5) five years. Professional, technical and advisory services are needed for a task-based assignment agreement.

BACKGROUND

The Albert J. Ellis Airport (OAJ) is owned and operated by Onslow County and is in the coastal region of North Carolina. The Airport is near Jacksonville, NC—home to MCB Camp Lejeune and MCAS New River—and serves a growing tourism and business market. With over 50 years of commercial air service, OAJ has demonstrated long-term stability and consistent airline performance.

OAJ is currently served by two carriers: American Airlines, providing service to Charlotte, and Delta Air Lines, providing service to Atlanta. Together, the airlines operate approximately 7 to 12 daily departures, varying by season and day of the week. The Airport has rebounded to near pre-pandemic passenger volumes and has maintained relative stability in its existing service portfolio.

Despite this stability, OAJ continues to experience passenger leakage to nearby airports, including RDU, ILM, and EWN, making leakage reduction a top strategic priority. Concurrently, several neighboring airports have expanded their air service offerings in recent years, highlighting the need for OAJ to evaluate opportunities for new or enhanced service. The Airport currently holds a SCASDP grant to support efforts to broaden market reach and improve connectivity; this grant expires in early 2027, and preparation for a renewal application will be a key focus. In addition, OAJ has an approved air service incentive program that includes marketing support and fee waivers, and the community is establishing a complementary air service development incentive program. OAJ serves a diverse passenger base, including tourists, business travelers, visiting-friends-and-relatives (VFR) travelers, and military personnel—with demand patterns that vary seasonally. Understanding the needs and behaviors of each market segment is essential to guiding the Airport’s air service development strategy.

SCOPE OF SERVICES

The successful consultant shall prepare to provide the following services through a task-based assignment agreement:

Compile and review important characteristics of the airport and the North Carolina/eastern

North Carolina Market Complete true market, passenger demand, leakage, and/or other studies and reports, as needed.

Determine appropriate air service development strategies and implementation methods.

Identify new route or route expansion opportunities through new or existing carriers.

Provide ongoing analysis of air service and routes, including trends in air service, passenger volumes, and airline performance.

Gather and provide analysis of alternative data sources.

Provide assistance with community support and air service development incentives.

Create presentations for community and airline meetings, and attend meetings as requested.

On-call services may be requested that are not described above. As needed, contract negotiation with potential and/or existing carriers

Consultants should be familiar with Federal Aviation Administration (FAA) and State aviation rules and requirements for Air Service Development.

II. SUBMISSION

A. Submit one (1) original hard copy and submit one (1) electronic copy (pdf format) on a thumb drive included with the submittal envelope. Submittals shall be sealed and marked “RFQ # 101-27, Professional Services Air Service Development”. Sealed submittals will be received no later than 2:00 PM EST, on September 25, 2026, at Onslow County Purchasing, 234 NW Corridor Blvd., Jacksonville, NC 28540. The original hardcopy submittals and the electronic version on thumb drive must be received by the time and date stated above.

B. Qualification packages may be hand-delivered or mailed. If the submittal is sent by mail or commercial express, the Respondent shall be responsible for actual delivery of the qualification package to the proper county office before the deadline. All submittals become property of the County. Request for Qualification packages will not be accepted via fax machine or internet e-mail.

C. Each Respondent is responsible for determining that all addenda issued by Onslow County has been received before submitting their qualifications.

D. Time is of the essence and any proposal or addenda pertaining thereto received after the announced time and date for submittal, whether by mail or otherwise, will be rejected. It is the sole responsibility of the firm to ensure that their proposal is received by the Purchasing Department personnel before the deadline indicated above.

E. Nothing herein is intended to exclude any responsibilities or in any way restrain or restrict competition. On the contrary, all responsible firms/individuals are encouraged to submit responses. The County of Onslow reserves the right to waive any informalities, to reject any and/or all proposals, and to accept any proposal which in its opinion may be in the best interest of the County.

F. Qualification packages may be withdrawn by written request prior to submittal deadline.

III. PREPARATION

A. Firms are to submit qualification packages which present their qualifications and understanding of the services to be performed. Emphasis should be placed on completeness of services offered and clarity of content. All submittals should be complete and carefully worded and must convey all of the information requested by the County. If errors or exceptions are found in the firm’s qualification package, or if the package fails to conform to the requirements of the RFQ, the County will be the sole judge as to whether that variance is significant enough to reject the firm’s submittal.

B. Qualification packages should be prepared simply and economically. All data, materials, and documentation shall be available in a clear, concise form. Onslow County does not expect nor will any more favorable consideration be given to submittals with fancy covers or binding, color photographs, sample plans, non-pertinent information on other accomplishments of the firm which have no direct bearing on these projects, resumes of individuals who will not be engaged in the work, or pages of other non-projected related material. Brevity will be appreciated. Submittals shall be limited to 50 pages, double sided 8 ½ x 11, minimum 12-point font. Covers and dividers do not count in the 50 pages total.

C. Firms requiring clarification or interpretation of this RFQ shall make a written request, which shall reach the Onslow County Purchasing Department no later than the date and time for submittal of written questions.

D. Any interpretation, correction or change of this RFQ will be made by Addendum. Addenda will be e-mailed to all who are known by the County Purchasing Department to have received a complete set of RFQ documents. It is the responsibility of the firm to ensure that all Addenda were received.

E.

F.

All submittals shall provide a straightforward, concise description of firm’s ability to satisfy the requirements of the RFQ.

Qualification packages should be bound in a single volume where practical. All documentation submitted with the offer should be bound in that single volume.

G. In addition to the transmittal letter, the Non-Collusion Affidavit must be signed by a principal of the firm or an officer of the corporation duly authorized to bind the corporation.

H. If any offer includes comments over and above the specific information requested in this RFQ such comments must be included as a separate appendix.

I. The firm is solely responsible for all costs and expenses associated with the preparation of the submittal and of any supplementary presentation (including any oral presentation) if requested by County.

J. Qualification Packages must be made in the official name of the individual, firm, or corporation under which the business is conducted (showing official business address) and must be signed in ink by a person duly authorized to legally bind the business entity submitting the qualification.

IV. GENERAL TERMS AND CONDITIONS

A. NON-COLLUSION AFFIDAVIT

Each qualification package must be accompanied by a notarized affidavit on non-collusion, executed by the firm or in the case of a corporation, by a duly authorized representative of said corporation. The Non-Collusion Affidavit is provided herein.

B. ADDENDA/CHANGES

Any additions, deletions, modifications or changes made to this RFQ shall be processed through the Onslow County Purchasing Department. Any deviation from this procedure may result in the disqualification of the firm’s submittal or the cancellation of any contract resulting from this RFQ.

C. QUESTIONS

Questions concerning this RFQ should be directed to:

Onslow County Purchasing Department Attn: Christina Russell 234 NW Corridor Blvd.

Jacksonville, NC 28540 Telephone (910) 455-1750 E-mail: Purchasingbids@onslowcountync.gov

All questions pertaining to this RFQ must be submitted in writing no later than 12PM on September 4, 2026.

Only written questions will be considered formal. Any information given 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 RFQ. Fax and e-mail messages will be treated as written questions.

D. PROPRIETARY INFORMATION:

Trade secrets or proprietary information submitted by a firm 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 firm 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.

V. STATEMENT OF QUALIFICATIONS REQUIREMENTS

Interested firms desiring to provide services should include the following with its Statement of Qualifications. In order to evaluate responses efficiently and equitably, responses must be tabbed as identified below. Failure to submit this information may render your proposal non-responsive.

Tab 1: Introduction: Company Information

• Firm’s name and business address, including telephone, email address, website address.

• The type of firm (individual, partnership, corporation, etc.) and list the names of all partners, principals, etc.

• Year established. Include former firm/company name(s) and year(s) established, if applicable.

• The name, title, address, and telephone number of the firm’s authorized negotiator. The person identified must be empowered to make binding commitments for the firm.

• Letter of Interest

Tab 2: Personnel Qualifications

• Provide an organizational chart identifying members of the team, including sub-consultants who would be assigned to the project(s). The chart should clearly delineate roles and responsibilities of the various team members, identify specialty, leave of expertise, education and direct work experience on projects in the area(s) of expertise related to this

RFQ.

• Preference shall be given to firms with demonstrated experience in the areas listed in the proposed scope of work. Firms should also demonstrate established working relationships with airline network planning personnel and decision-makers at airlines aligned with Albert J. Ellis Airport's air service development goals. The Statement of Qualifications should include documented examples of successful air service development efforts, such as new airline entrants, new routes, increased frequencies, or other service enhancements, and clearly identify the firm's role in achieving those outcomes.

• Provide a resume detailing professional qualifications of key management and staff personnel to be assigned to the project(s). Do not include resumes or list of personnel who will not be assigned to these projects.

• Identify location of key project personnel to be used. Preference shall be given to firms whose key staff have experience in the items listed in the scope of work and possess familiarity with commercial service regional airports.

• Identify adequacy, availability, and ability of personnel to complete the task.

Note: Substitution of other personnel after the selection is made must be approved by the County.

Tab 3: Consultants/Sub-consultants/Other Participants

• Provide a list of consultants or sub-consultants who would be retained to provide services on the project(s).

• Specify the percentage of work anticipated to be attributed to these consultants.

• Provide a synopsis for each to include size of staff, names and resumes of key personnel, services to be provided, as well as relative and related work experience.

• Identify location of personnel to be used.

Tab 4: Past Experience

• Briefly describe representative municipal or publicly owned projects completed by your firm in the last five (5) years related to the area(s) of expertise.

• Provide references for above projects including the follow contact names and phone numbers.

• Describe any previous work history on County projects to include contact name.

• Describe why your firm should be selected to include any unique qualities which you feel make your firm well suited to perform the work.

Tab 5: Project and Project Management Experience

• Experience Working with State and FAA Regulations and Procedures, Including the DOT's

Small Community Air Service Development (SCASD) Program: Preference shall be given to project teams whose personnel have demonstrated experience working with the State and FAA and possess a thorough understanding of FAA regulations, policies, and procedures related to air service development for airports similar to Albert J. Ellis Airport.

• Airport Understanding: Preference shall be given to firms that demonstrate a comprehensive understanding of Albert J. Ellis Airport's current air service, market opportunities, strategic goals, and recommended approaches for achieving those goals.

• Familiarity: Familiarity with coastal North Carolina, the regional aviation market, and Albert J. Ellis Airport.

• Aesthetics and Professionalism: Include examples of airline presentation materials, marketing collateral, or other materials previously developed or proposed for use in air service development efforts.

• Additional Information: Include any other information you deem relevant to this request for proposals.

Tab 6: Other Requirements

• Information concerning any pending, ongoing, or prior litigation within the last 10 years.

• Briefly describe your firm’s operation history.

• Indicate proof of insurance and licensing in NC.

• Submission of a proposal indicates acceptance by the firm of the terms, conditions, and requirements described in this RFQ unless clearly and specifically noted in the submittal.

Any and all exceptions/deviations to the required Scope of Services and/or the Sample Agreement shall be documented on a separate page.

Tab 7: Forms: Notarized when required

• E-Verify (attached)

• Certification Regarding Debarment and Suspension (attached)

• Non-Collusion Affidavit (attached)

• Responder’s Certification Form

V. EVALUATION PROCESS:

Statements of Qualifications (SOQs) will be evaluated based on the following criteria. The evaluation committee may consider, but is not limited to, the following:

Firm Qualifications: Experience providing air service development consulting services comparable to those described in the Scope of Work, including documented success working with commercial airlines and airports of similar size and market.

Project Team Qualifications: Experience and expertise of the proposed project manager and key personnel, including experience with commercial service regional airports and similar air service development initiatives.

Regulatory Experience: Demonstrated knowledge of FAA and NCDOT regulations, policies, and procedures related to air service development, including experience with the U.S. Department of Transportation's Small Community Air Service Development (SCASD) Program.

Airport Understanding: Demonstrated understanding of Albert J. Ellis Airport, its market, strategic objectives, and opportunities for commercial air service growth.

Community Support Strategy: Proposers must show proven strategies and success in garnering community support for air service development.

Regional Familiarity: Familiarity with coastal North Carolina, the regional economy, and the competitive aviation environment.

Presentation Quality: Quality, professionalism, and effectiveness of previous airline presentations, marketing materials, or other air service development documents submitted as examples.

The County will consider and evaluate qualifications packages in accordance with N.C.G.S. 143-

64.31. An evaluation committee appointed by Onslow County will review and evaluate all Statements of Qualifications received in response to this RFQ and rank the firms based on the published evaluation criteria.

At the County's discretion, a shortlist of the highest-ranked firms may be invited to participate in interviews conducted via Microsoft Teams. Shortlisted firms will be provided with at least seven

(7) calendar days' notice prior to the interview date.

Following completion of the evaluation process, Onslow County intends to enter into negotiations with the highest-ranked firm. If negotiations are unsuccessful, the County reserves the right to terminate negotiations and proceed with the next highest-ranked firm.

Onslow County reserves the right to reject any or all Statements of Qualifications, request additional information or clarification, waive minor irregularities, and cancel or modify this solicitation if determined to be in the County's best interest. All costs associated with preparing and submitting a Statement of Qualifications shall be the sole responsibility of the submitting firm.

Consultant selection will be conducted in accordance with applicable FAA qualifications-based selection requirements.

CONTRACT

The selected firm will be invited to negotiate a contract with Onslow County. A detailed scope of work will be developed and agreed to by the selected consultant and the County. This detailed scope of work and associated fee will be incorporated as part of the contract. The consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. It is the policy of Onslow County to practice non-discrimination based on race, color, sex, or national origin in the award or performance of this contract. The owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership.

VII. CONTACT POLICY

After the date and time established for receipt of qualifications by the County, any contact initiated by any firm with any County representatives, other than the Purchasing Division Manager listed herein, concerning this RFQ is prohibited. Any such unauthorized contact may cause the disqualification of the firm from this qualification process.

RESPONDER’S CERTIFICATION FORM

RFQ No: 101-27

I have carefully examined the Request for Qualifications and any other documents accompanying or made a part of this Request for Qualification.

I hereby propose to furnish the professional design consultant services for Onslow 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.

I further certify that I 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: _____________________________________________

BY: (printed name)____________________________________________

SIGNATURE: _________________________________________________

MAILING ADDRESS: ____________________________________________

CITY/STATE/ZIP CODE: __________________________________________

TELEPHONE NUMBER: ___________________________________________

Email Address: _________________________________________________

ACKNOWLEDGEMENT OF ADDENDA

Responder hereby acknowledges receipt of all Addenda through and including:

Addendum No. Date Acknowledgement

NON-COLLUSION AFFIDAVIT

State of North Carolina County of Onslow RFQ No. 101-27

____________________________, being first duly sworn, deposes and says that:

l. He/She is the ___________________ (title) of ___________________________(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 Onslow or any person interested in the proposed contract; and

Signature

Title

NOTARIZE

Subscribed and sworn to before me, This ______ day of ____________________, 20___

Notary Public ______________________________

My Commission Expires: ______________________

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.

Firm Name: _______________________________________

Address: ________________________________________

City/State/Zip: ________________________________________

Signature: _________________________________________ (Seal if Corporation)

Title: _________________________________________

Date: _________________________________________

NOTARIZE

SUBSCRIBED AND SWORN TO BEFORE ME,

This ______ day of ________________________, 202__

NOTARY PUBLIC ____________________________

My Commission Expires: ________________________

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)

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NORTH CAROLINA CONSULTING CONTRACT

ONSLOW COUNTY

THIS CONTRACT is made, and entered into this the day of , by and between the COUNTY of ONSLOW, a political subdivision of the State of North Carolina, (hereinafter referred to as “COUNTY”), and , (hereinafter referred to as

“CONSULTANT”).

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. CONSULTANT hereby agrees to provide the services under this Contract pursuant to the provisions 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.

This Contract is subject to the availability of funds to purchase the specified services and may be terminated at any time during the term upon thirty (30) days notice if such funds become unavailable.

3. RATE, SOURCES, AND METHODS OF PAYMENT. CONSULTANT shall receive from COUNTY a sum not to exceed Dollars ($ ) as full compensation for the provision of Services. COUNTY agrees to pay at the rates specified for Services, satisfactorily performed, in accordance with this Contract. Unless otherwise specified, CONSULTANT 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 CONSULTANT agree that CONSULTANT is an independent contractor and shall not represent itself as an agent or employee of COUNTY for any purpose in the performance of CONSULTANT’s duties under this Contract. Accordingly, CONSULTANT shall be responsible for payment of all federal, state and local taxes as well as business license fees arising out of CONSULTANT’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.

5. TERMINATION OF CONTRACT. This Contract may be terminated by either party upon seven (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. Upon such termination, the parties shall be entitled to such additional rights and remedies, as may be allowed by relevant law. The COUNTY shall have the right to terminate this Contract at any time without cause so long as the COUNTY is not in breach of any of its material obligations hereunder. CONSULTANT shall be compensated in full for work completed.

Termination of this Contract shall not form the basis of any claim for loss of anticipated profits by either party.

6. INDEMNITY AND INSURANCE. To the fullest extent permitted by laws and regulations, the CONSULTANT 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 the performance of this Contract or the actions of the CONSULTANT or its officials, employees, or contractors under this Contract or under the contracts entered into by the CONSULTANT in connection with this Contract. This indemnification shall survive the termination of this Contract.

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In addition, CONSULTANT 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 CONSULTANT shall maintain, at its expense, the following minimum insurance coverage:

$250,000/$500,000 – Professional Liability - Error and Omissions.

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

CONSULTANT, 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 CONSULTANT. 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 CONSULTANT 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 CONSULTANT shall not be interpreted as limiting the CONSULTANT’s liability and obligations under the Contract.

7. NONDISCRIMINATION IN EMPLOYMENT. CONSULTANT shall not discriminate against any employee or applicant for employment because of age, sex, race, creed, national origin, or disability. CONSULTANT shall take affirmative action to ensure that 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 CONSULTANT 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 CONSULTANT may be declared ineligible for further COUNTY contracts.

8. OWNERSHIP OF WORK. All Work and any documents prepared by the CONSULTANT for or on account of this Contract shall be the owned by the COUNTY, and the COUNTY shall have all common law, statutory and other reserved rights, including copyright.

Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the project is not to be construed as publication in derogation of the COUNTY’s reserved rights.

9. SUCCESSORS AND ASSIGNS. CONSULTANT shall not assign its interest in this Contract without the written consent of the COUNTY.

10. COMPLIANCE WITH LAWS. CONSULTANT represents that it is in compliance with all Federal, State, and local laws, regulations or orders including, Executive Order 11246, as amended or supplemented, which is hereby incorporated by reference. The implementation of this Contract will be carried out in strict compliance with all Federal, State, or local laws regarding discrimination in employment.

11. GOVERNING LAW. Unless otherwise specified, this contract shall be governed by the laws of the State of North Carolina. All litigation arising out of this contract shall be commenced in the appropriate division of the General Court of Justice in Onslow County, North Carolina.

12. E-VERIFY. As a condition of payment for services rendered under this agreement, CONSULTANT shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if CONSULTANT provides the services to the County utilizing a subcontractor, CONSULTANT 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.

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13. IRAN DIVESTMENT ACT. CONSULTANT 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 CONSULTANT to monitor compliance with this restriction. Contracts valued at less than $1,000.00 are exempt from this restriction.

14. DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL. The CONSULTANT 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 CONSULTANT to monitor compliance with this restriction. Contracts valued at less than $1,000.00 are exempt from this restriction.

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

16. NOTICES. All notices which may be required by this contract or any rule of law shall be effective when received by certified mail as follows:

COUNTY OF ONSLOW

ATTN:

CONSULTANT:

17. AUDIT RIGHTS. For all work being performed under this contract, the COUNTY has the right to inspect, examine, and make copies of any and all books, accounts, records and other writing relating to the performance of the Services. Audits shall take place at times and locations mutually agreed upon by both parties, although the CONSULTANT must make the materials to be audited available within one (1) week of the request for them.

18. 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.

19. 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.

20. 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.

21. SAFETY. CONSULTANT and its employees will observe the posted safety requirements of the COUNTY and those required by law. CONSULTANT is responsible for the safety of its employees at all times while on the COUNTY’s premises.

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22. COUNTY NOT RESPONSIBLE FOR EXPENSES. COUNTY shall not be liable to CONSULTANT for any expenses paid or incurred by CONSULTANT unless otherwise agreed in writing.

23. EQUIPMENT. CONSULTANT shall supply, at its sole expense, all equipment, tools, materials, and/or supplies required to provide contracted services unless otherwise agreed in writing.

24. ENTIRE CONTRACT. This Contract, including Attachment 1, shall constitute the entire understanding between COUNTY and CONSULTANT 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.

25. HEADINGS. The subject headings of the paragraphs 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 purposes of interpretation shall be made to the contrary.

26. EXISTENCE. CONSULTANT 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.

27. CORPORATE AUTHORITY. By execution hereof, the person signing for CONSULTANT below certifies that he/she has read this Contract and that he/she is duly authorized to execute this Contract on behalf of the CONSULTANT. 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 Consulting Contract to be executed by their duly authorized office or agent.

Reviewed by Department Head CONSULTANT

____________________________________ By: ____________________________________

Date Reviewed: _______________________ Printed Name:

Title:

ONSLOW COUNTY

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

___________________________________ Title:

Onslow County Finance Officer

Requisition #

“ATTACHMENT 1” to follow

Rev. 1/24 5 of 5

Attachment 1

Scope of Services

CONSULTANT, in exchange for the compensation paid by COUNTY under this Contract, shall provide the following services: