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HomeMy WebLinkAbout2024-330-E-Planning Dept-The Brough Law Firm-Unified Development Ordinance-Telecommunications OrdinanceRevised 01/24 1 [Departmental Use Only] TITLE UDO-Telcom Ord. FY FY24-25 NORTH CAROLINA SERVICES AGREEMENT RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter “Agreement”), made and entered into this 13th day of June, 2024, (“Effective Date”) by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and The Brough Law Firm, PLLC, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Services Agreement (“Agreement”) is for services to be rendered by Provider to County with respect to (insert type of project): Unified Development Oridnance (UDO)-Telecommunication Ordinance ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D Revised 01/24 2 performance of these services. Provider is solely responsible for the professional quality, accuracy and timely completion and submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost, the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed b y the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. 3. Basic Services a. Basic Services. DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D Revised 01/24 3 i) The Provider shall perform as Basic Services the work and services described herein and as specified in the County’s Request for Proposals or Request for Qualifications (the “RFP”) “RFP Number 367-OC5413 for “The Brough Law Firm, PLLC” issued March 11, 2024, and the Provider’s proposal, which are fully incorporated and integrated herein by reference together with Attachments 1 Amended Itemized Costs (designate all attachments). In the event a term or condition in any referenced document or attachment conflicts with a term or condition of this Agreement the term or condition in this Agreement shall control. Should such conflict arise the priority of documents shall be as follows: This Agreement, the County’s RFP together with attachments, Provider’s Pr oposal together with attachments. ii) The Basic Services will be performed by the Provider in accordance with the following schedule: (Insert milestones task list, dates and fees. If milestones are not established mark N/A under Milestone Task 1.) Milestone Task Milestone Date Milestone Fee 1. See Attch I 2. 3. 4. 5. 6. 7. 8. 9. 10. iii) Should County reasonably determine that Provider has not met the Milestone Dates established in Section 3(a)(ii), County shall notify Provider of the failure to meet the Milestone Date. The County, at its discretion may provide the Provider seven (7) days to cure the breach. County may withhold the accompanying payment without penalty until such time as Provider cures the breach. In the alternative, upon Provider’s failure to meet any Milestone Date the County may modify the Milestone Date schedule. Should Provider or its representatives fail to cure the breach within seven (7) days, or fail to reasonably agree to such modified schedule, County may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Provider. This section shall not be interpreted to limit the definition of breach to the failure to meet Milestone Dates. 4. Duration of Services a. Term. The term of this Agreement shall be from June 28, 2024 to February 28, 2025. b. Scheduling of Services i) The Provider shall schedule and perform its activities in a timely manner so as to meet the Milestone Dates listed in Section 3. DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D Revised 01/24 4 ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be June 28, 2024. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services is Twenty One Thousand Five Hundred Dollars ($21,500.00). In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Payment for Basic Services shall become due and payable in direct proportion to satisfactory services performed and work accomplished. Payments will be made as Project milestones as set out in Section 3(a)(ii) are achieved up to the corresponding milestone fee. (For example, Provider may invoice for the amount listed as the milestone fee corresponding to the first milestone task upon County’s acknowledgement of the satisfactory completion of Task one. Upon the County’s acknowledgement that the second Task has been satisfactorily completed Provider may invoice for that corresponding milestone fee.) Milestone fees shall be the maximum amount payable for its corresponding milestone task which shall not be altered except by written amendment. b. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Patrick Mallett, Deputy Director of Development Services for the Planning & Insepctions Department) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may be required by County’s Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D Revised 01/24 5 herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D Revised 01/24 6 the Provider. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County’s convenience and without penalty to County upon three (3) days’ notice to Provider. Upon any suspension by County, Provider shall discontinue the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. c. Compliance with Laws. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each Orange County policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D Revised 01/24 7 d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of a suit or action. e. Entire Agreement. This Agreement, together with the RFP and its attachments and the Proposal and its attachments, represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider’s performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation and Government Action. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable or not appropriated for the performance of County’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability or non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. In the event of a change in the County’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects County’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County’s legal authority. i. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D Revised 01/24 8 certified or registered mail, return receipt requested to the following: Orange County Provider’s Name & Address Attention: Patrick Mallett The Brough Law Firm, PLLC P.O. Box 8181 1526 E. Franklin St Ste 200 Hillsborough, NC 27278 Chapel Hill, NC 27514 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: _________________________________ Bonnie Hammersley, County Manager By: __________________________________ Lydia Lavelle, Senior Attorney Printed Name and Title DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D 6/14/20246/17/2024 Revised 01/24 9 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: The Brough Law Firm, PLLC Vendor Contact Person: Lydia Lavelle Phone: 919-929-3905 Address: 1526 E. Franklin St, Suite 200 City Chapel Hill State: NC Zip: 27514 Department: Planning & Inspections Amount: $21,500.00 Purpose: Unified Development Ordinance-Telecommunications Ordinance Budget Code(s): 10620030-875000 Vendor # 59316 Vendor Status with NCSOS: Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 6/28/2024 End Date 2/28/25 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Depart ment Director affirmatively state work on this project has not been initiated prior to execution of the agreement. This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services 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 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: Received for record retention: DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D 6/14/2024 6/17/2024 6/17/2024 6/17/2024 Revised 01/24 10 Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D ORANGE COUNTY Request for Proposal #: 367-OC5413 For internal processing, including tabulation of proposals, please provide your company’s Federal Employer Identification Number. Pursuant to G.S. 132-1.10 (b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection. ID Number: 47-2598816 ______________________________________ Federal ID Number The Brough Law Firm, PLLC ________________________________________ Consultant Name This page is to be filled out and returned with your proposal. Failure to do so may subject your proposal to rejection. DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D EXPERIENCE AND QUALIFICATIONS Each of the seven attorneys in The Brough Law Firm has primary responsibility for representing one or more local governments or local government projects served by the firm. The firm is structured such that the attorney having primary responsibility for a client can actively draw upon the specialized expertise of any other member of the firm when appropriate. This often occurs in complex litigation matters or when dealing with specialized or technical areas of the law that fall within the expertise of another lawyer in the firm. In this way, the full resources of the firm are applied to representing each of the firm’s clients. Since the General Assembly amended G. S. Chapter 160A (now 160D) to add small cell wireless facilities, Albert M. Benshoff of the firm has amended or worked on the team amending the wireless telecommunications ordinances of Mocksville, Roxboro, Carrboro, Oakboro and Archer Lodge, and we have drafted numerous other ordinances for other local governments. PROJECT TEAM We propose Lydia E. Lavelle as the Project Manager for this project. She would be coordinating and working with team members Mr. Benshoff and Chad Meadows (the founder and principal of CodeWright Planners, LLC). Lydia E. Lavelle graduated with a B.A. from St. Andrews College and received a master’s degree in Recreation Resources from North Carolina State University. She received her law degree from North Carolina Central University (NCCU) School of Law, after which she served as a law clerk for the Honorable Clifton E. Johnson on the North Carolina Court of Appeals. In 2009, Ms. Lavelle joined the full-time faculty at NCCU Law School where she obtained the status of full professor. She regularly taught State and Local Governmental Law, among other subjects. She has published numerous articles and has co-authored two books. She has also served as a lecturer or panelist in over sixty workshops, events, and Continuing Legal Education programs on topics such as local government authority, legislative issues, and leadership. Ms. Lavelle has served in public office and as a member or chair of numerous organizations, including the Executive Committee of the N.C. Metropolitan Mayors Coalition, the Durham- Chapel Hill-Carrboro Metropolitan Planning Organization, the Orange County Solid Waste Advisory Group, the Board of Directors of the Orange County Visitor’s Bureau, and the Board of Directors of the Chapel Hill-Carrboro Chamber of Commerce. Her memberships in legal organizations include the 18th Judicial District Bar, the North Carolina Bar Association, the American Bar Association, and the North Carolina Association of Women Attorneys (where she served as past President). Ms. Lavelle’s practice concentration is in state and local government law, including representation of local government councils and boards. DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D Albert M. Benshoff graduated from the University of Michigan with a B.S. in Natural Resources in 1976 and a Master’s in Regional Planning in 1982. For the next twelve years he worked as a planner, first for the Beaufort County, S.C. Planning Commission, then, beginning in 1985 for Cary, NC. Mr. Benshoff edited and oversaw the adoption of the first Cary UDO, the adoption of several comprehensive plans, and the construction of the first five miles of Town greenway. While working in Cary, he attended the evening law program at NCCU School of Law in Durham, NC. Mr. Benshoff was licensed in 1994. After that, he became the City Attorney for Lumberton, NC until 2003 when he became the Concord, NC City Attorney. Mr. Benshoff retired from public service in June 2014. He joined the Brough Law Firm immediately following retirement. While in Concord Mr. Benshoff coordinated the defense to a zoning challenge to the new Cabarrus County jail, edited the 2005 edition of the Concord Development Ordinance, helped to obtain and defend the Inter-Basin Transfer Permits from the Yadkin and Catawba Rivers to Concord and Kannapolis, provided legal services for the redevelopment of “Brownfield” sites, community development and the construction of the joint Albemarle-Concord-Kannapolis water pipeline. In addition to North Carolina, Mr. Benshoff is licensed in U.S. federal courts in the Eastern, Middle, and Western Districts of North Carolina, and the U.S. Fourth Circuit Court of Appeals. Mr. Benshoff is a member of the American Bar Association and North Carolina Bar Associations. Chad Meadows is founder and principal of CodeWright Planners, LLC. He has spent the last twenty years drafting and illustrating award-winning land use regulations, creating growth management plans, and providing planning support for a variety of municipalities across the United States. Mr. Meadows takes a pragmatic and comprehensive approach to solving planning issues and has conducted complex projects as a public sector planner and as a private consultant. An expert in development regulations, Chad is passionate about producing the highest quality codes and plans for his clients and is driven by a desire to continuously improve, learn, and share his knowledge. As a public sector planner, Mr. Meadows worked in the Portland Bureau of Planning, served as Senior Comprehensive Planner in the Florida Keys, and oversaw the Land Development Ordinance Update in Cary, North Carolina. His breadth of experience includes working on growth management and adequate public facilities issues, long range planning, and entitlements. Prior to founding CodeWright, he spent a decade drafting and illustrating codes for a national land use consulting firm, and co-authored The Rules that Shape Urban Form. Mr. Meadows founded CodeWright Planners in 2014 to focus on providing code drafting services to towns, cities, and counties throughout the Southeast. DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D CAPABILITY AND CAPACITY The Brough Law Firm proposes a partnership with the Orange County Planning Department and Telecommunications Consultants LLC to produce a revised and updated telecommunications ordinance that will be compliant with the North Carolina General Statutes and case law. The Brough Law Firm attorneys will concentrate on the legal review; drafting the ordinance and amendments; and meeting with staff, community members, industry representatives, the Ordinance Review Committee, the Orange County Planning Board, and the Orange County Board of Commissioners. The Planning staff will handle internal communications with other County staff and departments. The Brough Law Firm has seven lawyers and full and part-time support staff. The Firm will assign two of its lawyers to this project and the necessary support staff. The Brough Law Firm proposes that the Project Manager be Lydia E. Lavelle, assisted by Albert M. Benshoff. The Firm will hire Chad Meadows, the owner of Code Wright Planners, as a subcontractor to handle graphics and ordinance formatting support. Ms. Lavelle is a Professor of Law at the North Carolina Central University School of Law and was a four-term Mayor of Carrboro. She is a skilled facilitator and will work closely with Mr. Benshoff and Mr. Meadows to coordinate and produce the final product. In the 1980s, Mr. Benshoff did entitlements work for the cell phone industry. Mr. Benshoff wrote or edited zoning ordinance amendments regarding telecommunications devices that are compliant with the North Carolina General Statutes for Carrboro, Oakboro, Mocksville, and Archer Lodge. Mr. Benshoff is familiar with the FCC’s Reports and Orders, and Code of Federal Regulations about this topic. If The Brough Law Firm is awarded this contract, Mr. Benshoff will not take on any additional major ordinance drafting projects for the rest of 2024. Mr. Meadows has drafted fifteen sets of wireless telecom amendments, including most recently for Burlington and Zebulon. In the 1990s he spent two years working on entitlements in the industry. This team and law firm has the depth of experience, ability, and time to do this work. For more details about our firm, please see our firm brochure on our website at www.broughlawfirm.com. DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D 1 REFERENCES COMPANY NAME CONTACT NAME TELEPHONE NUMBER Town of Mocksville, NC Ken Gamble, Town Manager 336-753-6701 kgamble@mocksvillenc.gov Town of Carrboro, NC Trish McGuire, Planning Director 919-918-7327 pmcguire@carrboronc.gov City of Burlington, NC Jamie Lawson, Planning Director 336-222-5113 JLawson@burlingtonnc.gov DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D 1 ITEMIZED COSTS Total cost for the proposed services (including an itemized list per product and per meeting) TASK SCHEDULE COST $ Review of existing telecommunication regulations in the UDO. 6/7/24 500. Project Kick-off Meeting with Orange County staff and Carolina Telecommunications Services, LLC (the “Consultant”). LEL / AMB 6/7/24* 1,000. Review existing regulations and conditions, and regulations with Orange County staff and the Consultant. LEL / AMB 6/14/24* 1.000 Prepare a Telecommunications Findings Report. 7/5/24 4,000 Prepare Draft UDO amendments. 7/26/24 4,000 Present the Findings Report and UDO amendments to Orange County planning staff and the Consultant. LEL 8/9/24* 1,000 Present the UDO amendments to the Ordinance Review Committee (the “ORC”). LEL 9/13/24* 2,000 Present the UDO amendments to the Orange County Planning Board. AMB / LEL 10/24 3,000 Present the UDO amendments to the Orange County Board of Commissioners. AMB / LEL 1/25 3,000 Project completion and deliverables. 1/31/25 2,000 TOTAL 21,500. *suggested dates are “~on or before” depending on availability of others DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D 1 ITEMIZED COSTS Total cost for the proposed services (including an itemized list per product and per meeting) TASK SCHEDULE COST $ Review of existing telecommunication regulations in the UDO. 6/28/24 500. Project Kick-off Meeting with Orange County staff and Carolina Telecommunications Services, LLC (the “Consultant”). LEL / AMB (note: LEL not available 7/8 – 7/12) 6/28/24* 1,000. Review existing regulations and conditions, and regulations with Orange County staff and the Consultant. LEL / AMB 7/19/24* 1.000 Prepare a Telecommunications Findings Report. 8/5/24 4,000 Prepare Draft UDO amendments. 8/26/24 4,000 Present the Findings Report and UDO amendments to Orange County planning staff and the Consultant. LEL 9/9/24* 1,000 Present the UDO amendments to the Ordinance Review Committee (the “ORC”). LEL 10/13/24* 2,000 Present the UDO amendments to the Orange County Planning Board. AMB / LEL 11/24 3,000 Present the UDO amendments to the Orange County Board of Commissioners. AMB / LEL 2/25 3,000 Project completion and deliverables. 2/28/25 2,000 TOTAL 21,500. *suggested dates are “~on or before” depending on availability of others Attachment I-Amended Itemized Costs DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 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). THIS CERTIFICATE IS ISSUED AS A 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 OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF 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 TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Email:Fax: 06/12/2024 Herring & Bickers Insurance Agency 2344 Operations Drive Suite 101 Durham NC 27705 Chrissy Andrews (919)479-1868 chrissy@herringbickers.com The Brough Law Firm PLLC P O Box 2388 Chapel Hill NC 27514 Hartford 29424 A 22SBAUM0728 03/02/2024 03/02/2025 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 A Y 22WBCCS7346 03/02/2024 03/02/2025 100,000 100,000 500,000 A Erisa Fidelity Bond 22BDDHH1682 08/26/2021 08/26/2024 Limit of Liability 265,000 Orange County Attn: Elaina H. Cheek 131 W. Margaret Lane, Ste. 201 NC 27278 DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D (09/01/2018) PolicyForm Declarations The Brough Law Firm PLLC 1526 E. Franklin Street Suite 200 Chapel Hill, NC 27514 Policy Number:0015113-LPL-29 Endorsement Effective:06-03-2024 Policy Period: 03-16-2024 to 03-16-2025 12:01A.M. Standard Time at the address of the Named Insured stated herein. Prior Acts Date of Named Insured: January 1, 1974 Limits of Liability:A. $1,000,000 A.Applicable to any claim or one or more related claims. B. $2,000,000 B.Aggregate limit of the Company’s liability for all damages and claims expenses without regard to the number of Insureds, Extended Reporting Endorsements, claims, suits, or claimants. Deductible: (including claims expenses) C. $5,000 C.See INSURING AGREEMENT VI. Deductible and Limit of Liability. Endorsement Attachments: 012 020 029 034 052 069 In witness whereof, Lawyers Mutual Liability Insurance Company of North Carolina has caused this Policy to be signed by its President and countersigned by a duly authorized agent of the Company. Lawyers Professional Liability Policy (This is a Claims-Made and Reported Policy. Defense costs are a part of the Policy Limits and reduce the amount available to pay losses. You should read your Policy for a complete understanding of its Terms, Conditions & Coverages). DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D END #: 012 (08/01/2015)AttyListPALE Insured Listing / Prior Acts Date Endorsement This Endorsement, effective 12:01 A.M. on June 3, 2024 forms a part of Policy No. 0015113-LPL-29 (the "Policy") issued by LAWYERS MUTUAL LIABILITY INSURANCE COMPANY OF NORTH CAROLINA and applies to THE BROUGH LAW FIRM PLLC (the "Named Insured"). It is hereby understood and agreed that as to each Insured listed below, this Policy shall not apply to such Insured's act(s) or omission(s), or series of related act(s) or omission(s), occuring or beginning prior to the date listed individually for each Insured below ("Prior Acts Date"). All Policy provisions, terms, exclusions, and conditions, except as provided otherwise in this Endorsement, remain in full force and effect. Name Licensing State (or Other) License Number Prior Acts Date 1 Albert M Benshoff NC 20777 06-12-2014 2 Georg Nicholas Herman NC 10923 10-20-1996 3 Robert Edward Hornik Jr NC 23728 09-30-1998 4 Thomas Chambers Morphis Jr NC 28699 09-01-2002 5 Kevin Robert Hornik NC 51622 04-24-2017 6 S. Ellis Hankins NC 9249 04-20-2018 7 Brady Nicholas Herman NC 53492 10-08-2018 8 Lydia Ellen Lavell 07-01-2023 9 Jenna Therese Hornik NC 55826 06-03-2024 DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D END #: 020 (10/05/2012)SLForm Secondary Location(s) Endorsement This Endorsement, effective 12:01 A.M. on March 16, 2024 forms a part of Policy No. 0015113-LPL-29 (the "Policy") issued by LAWYERS MUTUAL LIABILITY INSURANCE COMPANY OF NORTH CAROLINA and applies to THE BROUGH LAW FIRM PLLC (the "Named Insured"). Secondary Location(s): 1201 Little Lake Hill Drive, Raleigh, NC 27607 22 Ravine Circle SE, Concord, NC 28025 DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D END #: 029 (08/01/2015)PartTimeLawForm Endorsement for Part-Time Insured This Endorsement, effective 12:01 A.M. on June 3, 2024 forms a part of Policy No. 0015113-LPL-29 (the "Policy") issued by LAWYERS MUTUAL LIABILITY INSURANCE COMPANY OF NORTH CAROLINA and applies to THE BROUGH LAW FIRM PLLC (the "Named Insured"). It is hereby understood and agreed that as to each Insured listed below, this Policy shall extend coverage only to such claim or suit brought against the Insured herein while engaged in the part-time private practice of law. For purposes of this Endorsement and the attached Policy, "part-time private practice of law" means that the Insured's average hours spent in the private practice of law does not exceed 25 hours per week. All Policy provisions, terms, exclusions, and conditions, except as provided otherwise in this Endorsement, remain in full force and effect. Name(s) 1.Lydia Ellen Lavell 2.Jenna Therese Hornik DocuSign Envelope ID: A1F5D787-CF04-42FF-9D4E-831FEF4E4A3D