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HomeMy WebLinkAboutAgenda - 06-21-1999 - 8q1 Orange County Board of Commissioners Agenda Item Abstract Meeting Date: June 21,1999 Action Agenda Item # SUBJECT: Agreement between Orange County and Cazol J. Holcomb, Attorney At Law, Norther Blue, L.L.P., for Legal Services Department: Social Services Public Hearing Yes No X ATTACHMENT (S): INFORMATION CONTACT: Marti Pryor-Cook, Ezteasion 2802 1. Agreement TELEPHONE NUMBERS: Hi1L4borough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 Purpose: To consider ar Agreement between Orange Courrty a~ Carol J. Holcomb, Attorney At Law, Norther Bhte, L.L.P., for Legal Services Background: The Department of Social Services is required under the provisions of Article 44, Chapter 7A and Article 6, Chapter 108A of the General Statutes of North Cazolina and other laws of the State to have legal representation and consuhation. Legal assistance and representation are required in the areas of Chdd Abuse/Neglect, Adoptions, Adult Protective Services, Child and Adult Guardianships, and Child Welfare Administration. Attorney Carol J. Holcomb has provided legal services for the Department before various courts and agencies of the State of North Carolina for over 10 years. She also provides necessary training for professional staff members. Her Firm has worked with the Department since 1973. Fiacai Impact Statement: The hourly rate for Ms. Holcomb for Fiscal Year 1999/2000 has increased from $85.00 to $100.00. The reimbursement rate for the services of a clerk and legal assistant; and the cost of faxing, telephone charges, copying, and postal expenses is a monthly flat fee of $300.00 per month ($3600 per yeaz). The Department has a budget of $60,000 for legal services that can support the $15.00 per month increase. Recommendation: The Manager recommends approval of the Legal Services Agreement for Fiscal Yeaz 1999/2000 and authorization for the Chair to sign. STATE OF NORTH CAROLINA COUNTY OF ORANGE THIS AGREEMENT, made and entered into this 1st day of July, 1999, by and between Carol J. Holcomb, Attorney At Law, now a partner with Northen Blue, L.L.P., Orange County, North Carolina, a partnership organized under the laws of the State of North Cazolina engaging in the practice of law, hereinafter referred to as ATTORNEY, and ORANGE COUNTY, hereinafter referred to as the COUNTY: WITNESSETH: WHEREAS, the Orange County Department of Social Services, hereinafter referred to as the DEPARTMENT, has need of special legal services, not otherwise. provided by County Government agencies, in connection with its services to needy and dependent persons in Orange County, the administration of its functions under the provisions of Article 44, Chapter 7A and Article 6, Chapter 108A of the General Statutes of North Cazolina and other laws of the State, and representation of the DEPARTMENT, its caseworkers and employees before the various courts and agencies of the State of North Cazolina; and WHEREAS, it is the desire of the COUNTY, and ATTORNEY to enter into a contract, one with the other, for the purposes and considerations as set froth herein for a period of July 1, 1999 through June 30, 2001. NOW THEREFORE, in consideration of the premises and mutual terms and agreements hereinafter set forth, the COUNTY and ATTORNEY do contract, each with the other, as follows: G:~sta8\common~cjh~dss~contract.99 3 1. That ATTORNEY shall perform such services and render such advice to the DEPARTMENT on such occasions as shall be required by the Director of the DEPARTMENT and with the approval of said Director, employees and caseworkers, shall require the services of ATTORNEY. 2. That ATTORNEY shall be compensated for all services rendered in connection with Paragraph 1 above based on an hourly rate for services performed, such hours and amounts to be furnished to the County Finance Officer or his designate for payment. The hourly rate shall be One Hundred Dollars ($100.00) per hour from July 1, 1999 through June 30, 2001. The ATTORNEY shall also be compensated at the hourly rate as set forth above for attendance at programs, meetings and seminars relating to Social Services law, and for any training provided to the Department's employees, and shall be reimbursed for lodging and transportation necessary for attendance at those programs, meetings, seminars, and presentations. The ATTORNEY shall also be compensated for and reimbursed for the services of clerks and legal assistants hired by them to assist them in the performance of their duties to the DEPARTMENT, and the cost of faxing, telephone, copying, and postal expenses at a flat rate of Three Hundred Dollars ($300.00) per month. Costs and expenses advanced by ATTORNEY on behalf of COiJNTY shall be reimbursed to ATTORNEY. 3. That ATTORNEY shall keep an itemized record of work performed for the DEPARTMENT on a case-by-case basis and shall submit its bill therefore showing a breakdown of those services performed and the cost. 4. That this Contract shall exist and continue from July 1, 1999 through and including June 30, 2001 unless sooner terminated by thirty (30) days written notice to the other party. G:lstafl~common~cjh~dss~contract.99 2 4 IN WITNESS WHEREOF, the COUNTY and ATTORNEY have hereunto signed this Contract in duplicate originals, one of which is retained by each parry hereto and either of which is sufficient as the original. ORANGE COUNTY, NORTH CAROLINA BY: ALICE M. GORDON, Chair Orange County Boazd of Commissioners ATTEST: BEVERLY BLYTHE Clerk of the Orange County Boazd of Commissioners NORTHEN BLUE, L.L.P. BY: This instrument has been pre-audfted in the manner required by the Local Government Budget and Fiscal Control Act. KENNETH CHAVIOUS Orange County Finance Officer G:\sraflkommon~cjhldsskwntract.99 3 ~-~/-y'9 STATE OF NORTH CAROLINA COUNTY OF ORANGE THIS AGREEMENT, made and entered into this 1st day of July, 1999, by and between Carol J. Holcomb, Attorney At Law, now a partner with Northen Blue, L.L.P., Orange County, North Carolina, a partnership organized under the laws of the State of North Carolina engaging in the practice of law, hereinafter referred to as ATTORNEY, and ORANGE COUNTY, hereinafter referred to as the COUNTY: WITNESSETH: WHEREAS, the Orange County Department of Social Services, hereinafter referred to as the DEPARTMENT, has need of special legal services, not otherwise provided by County Government agencies, in connection with its services to needy and dependent persons in Orange County, the administration of its functions under the provisions of Article 44, Chapter 7A and Article 6, Chapter 108A of the General Statutes of North Carolina and other laws of the State, and representation of the DEPARTMENT, its caseworkers and employees before the various courts and agencies of the State of North Carolina; and WHEREAS, it is the desire of the COUNTY, and ATTORNEY to enter into a contract, one with the other, for the purposes and considerations as set froth herein for a period of July 1, 1999 through June 30, 2001. NOW THEREFORE, in consideration of the premises and mutual terms and agreements hereinafter set forth, the COUNTY and ATTORNEY do contract, each with the other, as follows: G:~stafficommon~cjh~dss~contract.99 1 1. That ATTORNEY shall perform such services and render such advice to the DEPARTMENT on such occasions as shall be required by the Director of the DEPARTMENT and with the approval of said Director, employees and caseworkers, shall require the services of ATTORNEY. 2. That ATTORNEY shall be compensated for all services rendered in connection with Paragraph 1 above based on an hourly rate for services performed, such hours and amounts to be furnished to the County Finance Officer or his designate for payment. The hourly rate shall be One Hundred Dollars ($100.00) per hour from July 1, 1999 through June 30, 2001. The ATTORNEY shall also be compensated at the hourly rate as set forth above for attendance at programs, meetings and seminars relating to Social Services law, and for any training provided to the Department's employees, and shall be reimbursed for lodging and transportation necessary for attendance at those programs, meetings, seminars, and presentations. The ATTORNEY shall also be compensated for and reimbursed for the services of clerks and legal assistants hired by them to assist them in the performance of their duties to the DEPARTMENT, and the cost of faxing, telephone, copying, and postal expenses at a flat rate of Three Hundred Dollars ($300.00) per month. Costs and expenses advanced by ATTORNEY on behalf of COUNTY shall be reimbursed to ATTORNEY. 3. That ATTORNEY shall keep an itemized record of work performed for the DEPARTMENT on a case-by-case basis and shall submit its bill therefore showing a breakdown ofthose services performed and the cost. 4. That this Contract shall exist and continue from July 1, 1999 through and including June 30, 2001 unless sooner terminated by thirty (30) days written notice to the other party. G:~StaB~commonbjh~dss~contract.99 2 IN WITNESS WHEREOF, the COUNTY and ATTORNEY have hereunto signed this Contract in duplicate originals, one of which is retained by each party hereto and either of which is sufficient as the original. ORANGE COUNTY, NORTH CAROLINA BY: C~~y r , ALICE M. GORDON, Chair Orange County Board of Commissioners ATTEST: ,` BEVERLY YTHE Clerk of the Orange County Board of Commissioners NORTHEN BLUE, L.L.P. BY: This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. TH CHAVIOUS Orange County Finance Officer G:~sta$~common\cjh~dssk~ontract.99 3