HomeMy WebLinkAboutAgenda - 01-21-2010 - 4eORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 21, 2010
Action Agenda
Item No. `T~_
SUBJECT: Legal Consulting Services Agreement with Coleman, Gledhill, Hargrave &
Peek, P.C.
DEPARTMENT: County Attorney PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Agreement
INFORMATION CONTACT:
John Roberts, 245-2318
PURPOSE: To approve an agreement for supplemental legal consulting services with
Coleman, Gledhill, Hargrave and Peek, P.C.
BACKGROUND: Coleman, Gledhill, Hargrave and Peek, P.C., has provided legal counsel and
representation to Orange County for thirty years. The creation of the Orange County Attorney's
Office made the services provided by Coleman, Gledhill, Hargrave and Peek, P.C. redundant.
However, the County would benefit from consulting with Coleman, Gledhill, Hargrave and Peek,
P.C. on certain matters because of its experience in representing the County. Coleman,
Gledhill, Hargrave and Peek, P.C. will assist the County Attorney's Office by providing
background information on matters concerning the County and such other legal services that
shall be required from time to time.
FINANCIAL IMPACT: The annual cost for the legal consulting services is projected at $25,000.
This is a calendar year agreement from January 1, 2010 through December 31, 2010. No
appropriation of funds is needed at this time.
RECOMMENDATION(S): The Manager recommends that the Board approve the legal
consulting services agreement with Coleman, Gledhill, Hargrave and Peek, P.C. and authorize
the Chair to sign the agreement.
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STATE OF NORTH CAROLINA
COUNTY OF ORANGE
AGREEMENT FOR
LEGAL SERVICES
THIS AGREEMENT FOR LEGAL SERVICES ("AGREEMENT"), made and
entered into this the 1st day of January, 2010 for the term
January 1, 2010 to and including December 31, 2010 ("the term"),
by and between ORANGE COUNTY, NORTH CAROLINA, a body politic and
corporate of the State of North Carolina, whose mailing address
is Post Office Box 8181, Hillsborough, North Carolina 27278,
("COUNTY") and COLEMAN, GLEDHILL, HARGRAVE & PEEK, P.C., a North
Carolina professional corporation, whose mailing address is Post
Office Drawer 1529, Hillsborough, North Carolina 27278,
("ATTORNEYS"):
W I T N E S S E T H:
WHEREAS, it is the desire of COUNTY and ATTORNEYS to enter
into an agreement for the performance by ATTORNEYS of such legal
services that shall be required from time to time by COUNTY.
NOW, THEREFORE, for and in consideration of the mutual
terms and agreements hereinafter set forth, COUNTY and ATTORNEYS
do agree, each with the other, as follows:
1. ATTORNEYS shall perform legal services and render
advice to COUNTY on such occasions as may be required by COUNTY
as follows:
a. Provide up to 3 hours per week of legal consultation
with the County attorney and his staff ("consultation services")
on such schedule and at such places as determined by the County
attorney and ATTORNEYS;
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b. other legal services ("other legal services") as
requested from time to time by the County attorney or the County
attorney's designee.
2. ATTORNEYS shall provide COUNTY with consultation
services for a fixed fee of $25,000.00 for the term, payable in
amounts of $2,038.33 per month, the first such monthly payment
to be made by wire transfer to ATTORNEYS on or before January
25, 2010 and each subsequent monthly payment to be made by wire
transfer to ATTORNEYS on or before the 15th of each month,
commencing on February 15, 2010. Other legal services as
requested from time to time by the County attorney shall be
provided at an hourly rate of $175.00. ATTORNEYS shall itemize
the other legal services work performed by them in a monthly
statement and invoice payable by COUNTY upon receipt.
3. ATTORNEYS shall account to COUNTY for other legal
services performed by ATTORNEYS to the extent other legal
services are provided by ATTORNEYS and to the extent ATTORNEYS
do not provide consultation services to COUNTY equal to 3 hours
per week. This accounting shall be in the form of credits to
COUNTY, one hour of consultation services less than three in a
week equal to one hour of other legal services, which credits
shall be applied by ATTORNEYS in other legal services monthly
statements and invoices. The obligation of ATTORNEYS to account
to COUNTY for legal services as provided herein terminates with
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the statement and invoice for other legal services provided to
COUNTY for other legal services performed on or before December
31, 2010.
4. All expenses incurred as a result of ATTORNEYS'
representation of COUNTY shall be paid by COUNTY. Any expenses
and costs advanced by ATTORNEYS on behalf of COUNTY shall be
reimbursed by COUNTY.
5. It is expressly understood and agreed that ATTORNEYS
will not provide and have not in the past provided advice and
counsel to the Orange County Sheriff's Department in its
investigation and prosecution of criminal actions. The Sheriff's
Department is entitled to and is provided advice and counsel
concerning such matters from the district attorney of the
judicial district wherein Orange County lies as provided in
North Carolina General Statute § 7A-61.
IN WITNESS WHEREOF, COUNTY and ATTORNEYS have hereunto
signed this AGREEMENT in duplicate originals, one of which is
retained by each party hereto and either of which is sufficient
as the original.
This the day of 2009.
ORANGE COUNTY, NORTH CAROLINA
By:
Valerie P. Foushee, Chair
Orange County Board of
Commissioners
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ATTEST:
Donna S. Baker
Clerk to the Board of Commissioners (SEAL)
of Orange County
COLEMAN, GLEDHILL, HARGRAVE & PEEK, P.C.
By:
Geoffrey E. Gledhill
This instrument has been preaudited in the manner required
by the Local Government Budget and Fiscal Control Act.
Orange County Finance Officer
lsg:orangecounty\2009 contract between OC and CGHP rev by GEG 121609 CL.doc
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