RAFTELIS 25
Litigation
Raftelis has been joined as a third-party defendant in a lawsuit filed by local developers against the Town
of Fuquay-Varina, North Carolina. The subject of this currently pending litigation is development impact
fees assessed by the town and developed by Raftelis. This is the only legal case in which Raftelis has been
joined as a party in the history of our firm. Raftelis intends to vigorously defend the allegations and claim.
Contract Agreement
We request that C/CAG consider making the following modifications, shown in red below, to the Sample
Agreement Template. Please contact us if you have any questions or concerns about these modifications.
1. Services to be provided by Consultant. In consideration of the payments hereinafter set forth, Consultant
shall provide services described in Exhibit A, Scope of Work attached hereto (the “Services”).
In the performance of its services, Consultant represents that it has and will exercise the degree of
professional care, skill, efficiency, and judgment of consultants with special expertise in providing such
services, as of the time and at the location the services are provided, and Consultant represents that it carries
and will maintain all applicable licenses, certificates, and registrations needed for the work in current and
good standing. Consultant may rely on all data and information provided by or on behalf of C/CAG
without additional investigation.
5. Contract Materials. At the end of this Agreement, or in the event of termination, all finished or unfinished
documents, data, studies, maps, photographs, reports, and other written materials, in each case to the extent
intended as a deliverable hereunder and prepared by Consultant under this Agreement (collectively referred
to as “contract materials”) prepared by Consultant under this Agreement shall become the property of
C/CAG and shall be promptly delivered to C/CAG. Upon termination, Consultant may make and retain a
copy of such contract materials if permitted by law. Notwithstanding the foregoing or anything else in this
Agreement, nothing herein shall be deemed or construed as a waiver, release, divestiture, transfer or
assignment by Consultant of any of its intellectual property, know-how or trade secrets.
9. Hold Harmless/Indemnity.
a. General. Consultant shall indemnify and save harmless C/CAG and its officers, agents, employees, and
servants from all claims, suits, or actions of every name, kind, and description resulting from this
Agreement, the performance of any work or services required of Consultant under this Agreement, or
payments made pursuant to this Agreement brought, for, or on account of, any of the following: (A) injuries
to or death of any person, including Consultant or its employees/officers/agents; (B) damage to any
property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of
damages resulting from Consultant’s failure to comply, if applicable, with the requirements set forth in the
Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations