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Home My WebLink About2020-801-E Co Attorney-Kennon Craver consulting services 4011 university drive, suite 300, durham, nc 27707  post office box 51579, durham, nc 27717-1579 TELEPHONE 919 490 0500 FAX 919 490 0873  www.kennoncraver.com Engagement Memorandum To: John Roberts Orange County Attorney From: Brian M. Ferrell, Attorney, Kennon Craver, PLLC ______________________________________________________________________________ Thank you for considering retaining Kennon Craver, PLLC on behalf of Orange County, North Carolina to assist with the review of a performance agreement and lease related to a pending economic development opportunity. This memorandum summarizes the basis on which our firm will provide legal services to the County and how we will be paid for our services. I will be primarily responsible for the matter, and I may use other attorneys and legal assistants in the best exercise of my professional judgment. If, at any time, you have questions, concerns or criticisms, please contact me at once. We consider many factors in billing for services rendered, and I will review all statements before they are issued to ensure that the amount charged is appropriate. The principal factor is usually our schedule of hourly rates; most statements are simply the product of the hours worked multiplied by the hourly rates for the attorneys and legal assistants who did the work. Our schedule of hourly rates for attorneys and other members of the professional staff are based on years of experience, specialization in training and practice, and level of professional attainment. My hourly rate for 2020 is $315. However, I will perform services for the County at a discounted rate of $250 per hour for this engagement. We will manage this matter as cost efficiently as possible. To the extent that other paralegals and attorneys are involved, their rates vary from $125 to $400 an hour. We reserve the right to make adjustments to our rates for subsequent years. In addition, we will bill and require payment for out-of-pocket expenses such as photocopies, courier expenses, travel, filing fees, and the like. Any extraordinary expenses, such as third-party printing costs, will be billed directly to you. Our fees for this engagement will not exceed $2,000.00. Our billing statements are prepared and mailed during the month following the month in which services are rendered and costs advanced. Payment within 30 days of invoice is required. If there is a closing, we reserve the right to collect remaining fees and expenses owed at closing. We will both have the right to terminate our representation at any time. DocuSign Envelope ID: E50B0644-5FB9-43CB-B68D-384428A8A9D5 4011 university drive, suite 300, durham, nc 27707  post office box 51579, durham, nc 27717-1579 TELEPHONE 919 490 0500 FAX 919 490 0873  www.kennoncraver.com The County’s obligation to pay our fees and costs incurred on the County’s behalf is not contingent and is not based on the consummation of any closing or the occurrence of any specific event or result. This means our fees relating to closings are payable whether or not the transaction is completed. By signing below, you give us the right to destroy client files six years after the conclusion of representation, and we may destroy them earlier with client consent. We reserve the right to store all files in an electronic medium and choose not to retain paper files. We will use the contact information set forth below for our bills and other communication with you until you provide us with alternate information in writing. Please review the foregoing and, if it meets with your approval, sign a copy of this letter, keep a copy for your records, and return a copy to me (email bferrell@kennoncraver.com or fax to my attention at 919.490.0873). If you have any questions, please call me at 919.490.0500. I look forward to working with you. AGREED AND ACCEPTED this _____ day of December, 2020. Client name: Orange County, North Carolina Sign name: __________________________ Print name: John Roberts, Orange County Attorney Email: joroberts@orangecountync.gov Tel: 919.245.2318 This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. ___________________________________ Orange County Finance Officer DocuSign Envelope ID: E50B0644-5FB9-43CB-B68D-384428A8A9D5 12/22/2020 12/22/2020 Revised 07/20 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Kennon Craver Party/Vendor Contact Person: Brian Ferrell Contact Phone: 919-490-0500 Party/Vendor Address: City Durham State: NC Zip: Department: County Attorney Amount: 2,000 Purpose: Consulting Budget Code(s): 10205020-630000 Vendor # 62291 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 12- 22-20 Approved by Board Yes No Agenda Date: This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: Department Director’s Signature ________________________________________ Date: ________ Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Information Technologies (Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: E50B0644-5FB9-43CB-B68D-384428A8A9D5 12/22/2020 12/22/2020 12/22/2020