HomeMy WebLinkAbout2026-106-E-AMS-Kennon Craver-Crisis Diversion Facility_Acquisition and Legal Services
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STATE OF NORTH CAROLINA
ORANGE COUNTY
FIRST AMENDMENT TO
SERVICES AGREEMENT NO RFP/RFQ
This First Amendment To Services Agreement No RFP/RFQ is entered into this the 1st day of
March 2026 by and between Orange County, North Carolina, a body politic and corporate organized under
the laws of the state of North Carolina, (the “County”) and Kennon Craver, PLLC (the “Provider”).
WITNESSETH:
WHEREAS, County and Provider entered into an agreement titled “Services Agreement No
RFP/RFQ” dated August 28, 2024 (the “Contract”), which such Contract is incorporated herein by
reference; and
WHEREAS, the Parties desire to amend certain terms of the Contract as specifically agreed to
herein below; and
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1) The term of the Contract is extended from 8/1/2025 to 12/31/2026.
2) The Basic Services to be furnished under the Contract shall be amended to include closing
services related to the purchase of the Property and drafting and negotiating a Declaration with
easements with the seller related to the future development of the Property.
3) The maximum amount payable for compensation for Basic Services is hereby increased by
$6,500.
IN WITNESS WHEREOF, the parties hereto have executed and delivered this First
Amendment To Services Agreement No RFP/RFQ with legal and binding effect as of the first day above
written.
Orange County Kennon Craver, PLLC
By: _____________________ By: _________________________
Name: _____________________ Brian M. Ferrell
Title: _____________ Member
This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal
Control Act.
______________________________
Office of the Finance Director
This instrument has been approved as to form and legal sufficiency.
_______________________________
Office of the County Attorney
Docusign Envelope ID: 0AA2E5D8-C2BA-49D1-8EEC-88B73E263DDD
3/19/2026
3/30/2026
3/31/2026
3/31/2026
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
bferrell@kennoncraver.com
FIRST AMENDMENT TO ENGAGEMENT MEMORANDUM
To: Orange County, North Carolina
Attn: Alan Dorman, Asset Management Services Assistant Director
Via Email: adorman@orangecountync.gov
From: Brian M. Ferrell, Attorney, Kennon Craver, PLLC
Date: March 5, 2026
___________________________________________________________________________________
We appreciate the opportunity to continue assisting the County with the acquisition and
associated legal services related to property located on Waterstone Drive, Hillsborough, NC to be
developed for use as a Crisis Diversion Facility (the “Property”).
This Memo updates and otherwise amends our existing engagement to add additional legal services
to our scope of work to include closing services related to the purchase of the Property and negotiating a
Declaration and related easements for the future development of the Property.
We will continue to bill the County for services rendered pursuant to the terms of our existing
engagement. Our fees for the additional legal services identified in this Memo will not exceed
$6,500.00.
Docusign Envelope ID: 0AA2E5D8-C2BA-49D1-8EEC-88B73E263DDD
Revised 01/24
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ORANGE COUNTY—INTERNAL USE ONLY
______________________________________________________________________________
Finance Information
Vendor Name: Kennon Craver, PLLC Vendor Contact Person: Brian Ferrell Phone: 919-490-0500 Address: 4011
University Drive, Suite 300 City Durham State: NC Zip: 27707 Department: AMS Amount: $6500.00 Purpose:
Crisis Diversion Facility_Acquisition and Legal Services Budget Code(s): 61370035-870000-10080 Vendor #
62291
Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No
Contract Details
Contract Type: New Amendment (Original Contract: 08/01/2024) (Most Recent Amendment
)
Effective Date 08/01/2025 End Date 12/31/2026 Notice Date (Notice Purpose )
Award
Approved by Board (Agenda Date: ); Made or Administered by AMS
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 Department 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: 0AA2E5D8-C2BA-49D1-8EEC-88B73E263DDD
3/16/2026
3/27/2026
3/30/2026
3/31/2026
Revised 01/24
2
Office of the Clerk to the Board __________________________________________Date:_________
Docusign Envelope ID: 0AA2E5D8-C2BA-49D1-8EEC-88B73E263DDD
Docusign Envelope ID: 0AA2E5D8-C2BA-49D1-8EEC-88B73E263DDD
(09/01/2018) PolicyForm
Declarations
Kennon Craver PLLC
4011 University Dr, Suite 300
Durham, NC 27707
Policy Number:0022032-LPL-22
Policy Period: 05-01-2025 to 05-01-2026
12:01A.M. Standard Time at the address of the Named Insured stated herein.
Prior Acts Date of
Named Insured:
May 1, 2003
Limits of Liability:A. $5,000,000 A.Applicable to any claim or one or more related
claims.
B. $5,000,000 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. $50,000 C.See INSURING AGREEMENT VI. Deductible and
Limit of Liability.
Premium:$46,374.00
Endorsement Attachments:
012 052 069
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: 2FB408C2-A133-4231-B923-EB780761BDEBDocusign Envelope ID: 0AA2E5D8-C2BA-49D1-8EEC-88B73E263DDD
END #: 012 (08/01/2015)AttyListPALE
Insured Listing / Prior Acts Date Endorsement
This Endorsement, effective 12:01 A.M. on May 1, 2025 forms a part of Policy No. 0022032-LPL-22 (the
"Policy") issued by LAWYERS MUTUAL LIABILITY INSURANCE COMPANY OF NORTH CAROLINA and
applies to KENNON CRAVER 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 William Albert Anderson III NC 29085 10-02-2000
2 Gwendolyn C Brooks NC 26502 09-17-1999
3 James Robert Easthom NC 23489 06-14-1998
4 Brian M Ferrell NC 27819 04-03-2002
5 William T Hutchins Jr.NC 22129 06-01-1995
6 Henry William Sappenfield NC 37419 12-03-2007
7 Leigh Puryear Vancil NC 27342 03-01-2007
8 Candace B Minjares NC 50378 02-01-2016
9 Elaina A Womble NC 527714 09-04-2018
10 Julia G Henry NC 45427 07-15-2020
11 Keith E Hartley NC 53489 01-07-2022
12 Jason Edward Spain NC 46421 02-01-2023
13 Julia S Meister NC 58003 04-10-2023
14 Corinne E OReilly NC 61043 09-18-2023
15 Zena G Maddux NC 60980 01-08-2024
Docusign Envelope ID: 2FB408C2-A133-4231-B923-EB780761BDEBDocusign Envelope ID: 0AA2E5D8-C2BA-49D1-8EEC-88B73E263DDD
END #: 052 (08/01/2015)LegalSvcs
Endorsement Excluding Legal Services Not Provided for the
Named Insured Law Firm
This Endorsement, effective 12:01 A.M. on May 1, 2025 forms a part of Policy No. 0022032-LPL-22
(the “Policy”) issued by LAWYERS MUTUAL LIABILITY INSURANCE COMPANY OF NORTH CAROLINA
and applies only to KENNON CRAVER PLLC (the “Named Insured”) and amends the Policy as
follows:
This Policy shall not apply to the rendering of or failure to render legal services by an Insured
unless the act(s) or omission(s) in the rendering of or failure to render legal services were within
the scope of and in furtherance of duties for the Named Insured. This Endorsement shall not apply
to any lawyer named in Endorsement #012 for act(s) or omission(s) on and after the prior acts date
and before the date of employment by the Named Insured.
For purposes of this Endorsement, act(s) or omission(s) in the rendering of or failure to render
gratuitous legal services for those who are referred by a legal services office qualified for funding
by the Federal Legal Services Corporation or sponsored by the North Carolina Bar Association shall
be deemed to be within the scope of and in furtherance of duties for the Named Insured.
All Policy provisions, terms, exclusions, and conditions, except as provided otherwise in this
Endorsement remain in full force and effect.
Docusign Envelope ID: 2FB408C2-A133-4231-B923-EB780761BDEBDocusign Envelope ID: 0AA2E5D8-C2BA-49D1-8EEC-88B73E263DDD
END #: 069 (06/20/2017)FFEE(REwSH)
Financial Fraud Exclusionary Endorsement
(Real Estate with Safe Harbor)
This Endorsement, effective 12:01 A.M. on May 1, 2025 forms a part of Policy No. 0022032-LPL-22
(the "Policy") issued by LAWYERS MUTUAL LIABILITY INSURANCE COMPANY OF NORTH CAROLINA.
It is hereby understood and agreed that as a condition of the issuance of this Policy, the
EXCLUSIONS AND LIMITED WAIVER I. Exclusions, section of the Policy is hereby amended to add
this Specific Acts Exclusion. All Policy provisions, terms, and conditions, except as expressly
provided otherwise in this endorsement, remain in full force and effect.
Irrespective of whether the act(s) or omission(s) alleged in support of a claim, suit, or theory of
liability presented in a suit, would fall within INSURING AGREEMENT, I. Coverage - Attorney, II.
Coverage - Fiduciary or III. Coverage - Arbitrator & Mediator, this Policy does not afford to any
Insured any coverage or benefits whatsoever, including, but not limited to, any right to any defense,
with respect to:
any claim, or any theory of liability asserted in a suit, based in whole or in any part upon any
act(s) or omission(s) of any Insured arising out of, related to, or on account of the loss,
misappropriation, or attempted misappropriation of funds, through any dishonest, deceitful, or
fraudulent scheme or means, including but not limited to written, electronic, telegraphic, cable,
teletype, facsimile, or telephone communications or access to, use of, or change to any
software, application, data, or information within any computer, server, electronic device, or
electronic account of an Insured. This exclusion applies regardless of whether any other act(s)
or omission(s) contributed concurrently or in any sequence to the loss, misappropriation, or
attempted misappropriation of funds. This exclusionary endorsement shall apply only to funds
directly or indirectly connected with or related to any purchase, sale, financing, or refinancing
of real estate.
Provided, however, that this endorsement shall not apply to the loss, misappropriation or
attempted misappropriation of funds (1) wired or electronically transmitted by or on behalf of a
client if any Insured had previously obtained the client’s written agreement to terms of
engagement applicable to the representation that identified a specific IOLTA Trust Account as
the only bank account to be used, and that warned the client substantially as follows: “BEFORE
SENDING ANY WIRE, CALL OUR OFFICE TO VERIFY THE INSTRUCTIONS. WE WILL NOT
CHANGE WIRING INSTRUCTIONS. IF YOU RECEIVE WIRING INSTRUCTIONS FOR A
DIFFERENT BANK, BRANCH LOCATION, ACCOUNT NAME OR ACCOUNT NUMBER, THEY
SHOULD BE PRESUMED TO BE FRAUDULENT. DO NOT SEND ANY FUNDS AND CONTACT
OUR OFFICE IMMEDIATELY. FAILURE TO FOLLOW THIS PROCEDURE ENDANGERS YOUR
FUNDS,” or (2) disbursed by or on behalf of any Insured in accordance with a written, original,
notarized disbursement instruction authorizing the wiring or electronic transmission of the funds.
Docusign Envelope ID: 2FB408C2-A133-4231-B923-EB780761BDEBDocusign Envelope ID: 0AA2E5D8-C2BA-49D1-8EEC-88B73E263DDD