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Home My WebLink About2009-020 Solid Waste - Coleman Gledhill Hargrave - Letter Agreement between Orange Co. and Womble Carlyle for special legal servicesPte= ~~,.~ ~~~ G-~ LAW OFFICES COLEMAN, GLEDHILL, HARGRAVE & PEEK A PROFESSIONAL CORPORATION 129 E. TRYON STREET Ap r i l 2 9, 2 0 0 9 P. O. DRAWER 1529 HILLSBOROUGH, NORTH CAROLINA 27278 919-732.2196 FAX 919-73Z-7997 www.cghp-law.com James R. Morgan, Jr., Esquire Womble Carlyle Sandridge & Rice, PLLC One West Fourth Street Winston-Salem, North Carolina 27101 FROM THE DESK OF GEOFFREY E. GLEDHILL E-MAIL: ggledhill@cghp-law.com RE: Orange County Solid Waste Transfer Station Litigation Counsel Dear Jim: Enclosed is an executed copy of the letter agreement between Orange County and Womble Carlyle in which Orange County employs Womble Carlyle as special counsel to handle litigation that may arise as the result of siting by Orange County of a solid waste transfer station in Orange County. The Board of Commissioners, at a regular meeting on April 21, 2009, authorized me to sign this agreement on behalf of Orange County. It is Orange County's expectation that you will be primarily responsible for work required as the result of this engagement. John Roberts began work as Orange County's attorney on April 23, 2009. John will be your first contact, as needed, with respect to this engagement. With a copy of this letter to Donna Baker, I am delivering the County's originally signed copy of this agreement. With best personal regards, I am Very truly yours, COLEMAN, GLEDHILL, HARGRAVE & PEEK, P.C. Gledhill GEG/lsg Enclosure / xc: Donna S. Baker V Valerie P. Foushee John L. Roberts, Esquire Gayle Wilson lsg:letters\Jim Morgan ltr re Sw Transfer Station Litigation counsel.doc WOMBLE . _ "CARLYLE SaNDRIDGE & RICE A PROFESSIONAL LIMITED LIABILITY COMPANY One West Fourth Street Winston-Salem, NC 27101 Telephone: (336) 721-3600 Fax: (336) 721-3660 www.wcsr.com February 12, 2009 Geoffrey E. Gledhill County Attorney Orange County P. O. Drawer 1529 Hillsborough, NC 27278-1529 Dear Geof: James R. Morgan, Jr. Direct Dial: (336) 721-3710 Direct Fax: (336) 733-8394 E-mail: jmorgan@wcsr.com The purpose of this letter is to confirm the terms and conditions upon which our Firm will undertake the representation of Orange County, North Carolina, regarding litigation arising out of Orange County siting of a solid waste transfer station or related issues. In order to enable us effectively to render these services, you will fully and accurately disclose all facts and keep. us advised of all developments relating to the matter. You will otherwise fully cooperate with us and will be available to attend meetings, discovery proceedings and conferences, hearings and other proceedings. Because the outcome of litigation is subject to the vagaries and risks inherent in the litigation process, it is understood that we have made no promises or guarantees to you concerning the outcome and cannot do so. Nothing in this representation letter shall be construed as such a promise or guarantee. Our fees will be based on the billing rates charged by each attorney. Twill be primarily responsible for handling this matter. My time will be billed at the discounted rate of $325 an hour for this case. Associates' time, if associates work on this case, will be billed at $235 an hour. These are discounted rates that we are able to offer to Orange County as a local government. These billing rates are subject to adjustment from time to time by the firm without prior notice. Although I will be primarily responsible for this engagement, various portions of this matter may be delegated to other firm lawyers. In an effort to reduce legal fees, we utilize paralegal personnel. Time devoted by paralegals to client .matters is charged at special billing rates generally ranging from $120 to $185 per hour, which also are adjusted from time to time. The attachment reflects our policy in regard to billing for costs and disbursements. Our statement for fees and expenses will be rendered to you monthly and will be due upon receipt. Any statement which is not paid within 30 days of its date will be considered past due. Past due billings will accrue interest at the rate of 1'/z % per month (18% per annum) until paid. WCSR is a multi jurisdictional law firm representing many clients and handling a large number of complex matters each year. As a result, conflict of interest issues arise and, from time to time, may even include disputes between the firm and our own clients over the handling of a matter. Under such circumstances, we need the ability to seek expert analysis of our obligations from our General Counsel's office or outside counsel without waiving the firm's own attorney client privilege. We believe that seeking expert advice is in our clients' interest as well as our own. Accordingly, in signing this agreement, you consent to our seeking advice from our GEORGIA / SOUTH CAROLINA / NORTH CAROLINA /VIRGINIA /WASHINGTON D. C. / MARYLAND /DELAWARE WOIvIBI.E CARI:1'I.E SANDRIDGE & RICE PLLC February 12, 2009 Page 2 General Counsel's office or outside counsel of our choosing on legal ethics or related issues that may arise during our representation of Orange County, North Carolina and that our representation of Orange County, North Carolina shall not, thereby, waive any attorney-client privilege that WCSR may have to protect the confidentiality of our communication with counsel. At the conclusion of our work for you on this matter, we will return to you, upon your request, any materials you have furnished us in connection with it. Thereupon, we will store files respecting this matter for a minimum of six (6) years following the conclusion of our representation of you in this matter, and we will provide you with access to those files upon request. After six years from the conclusion of our representation in this matter, we will review the stored files with respect to whether they should be retained or destroyed. We disclaim any obligation to provide further notice to you before destroying the files concerning this matter at any time after six years from the conclusion of our representation of you in this matter. We are pleased to have this opportunity to be of service and to work with you. Very truly yours, AGREED TO AND ACCEPTED: WOMBLE CARLYLE SANDRIDGE & RICE, a Professional Limited Liability Company By: James R. Morgan, Jr. B ~ ~- (/ Z-Ua 1 Y eoffre 1 dhI 1 On beha f the Orange County, North Carolina WOMBLE CARLYLE SANDRIDGE & R1cE A PROFESSIONAL LIMITED LIA811ITY COMPANY One West Fourth Street Winston-Salem, NC 27101 Telephone: (336) 721-3600 Fax: (336) 721-3660 www.wcsr.com February 12, 2009 Geoffrey E. Gledhill County Attorney Orange County P. O. Drawer 1529 Hillsborough, NC 27278-1529 Dear Geof: James R. Morgan, Jr. Direct Dial: (336) 721-3710 Direct Fax: (336) 733-8394 E-mail: jmorgan@wcsr.com Policy in Regard to Billing for Costs and Disbursements Our philosophy is to minimize out of pocket expenses consistent with those required in conjunction with the legal services we provide. We manage our expenses on behalf of clients as if they were our personal expenses. We will bill you for costs and disbursements made on your behalf as indicated below: Telephone and facsimile charges. We will not normally bill you for the ordinary use of local or domestic long distance telephone service or for facsimile copies. Long distance calls and long distance charges and fax transmissions that are of an extraordinary duration and cost (e.g. actual cost of $10 or more), international calls and cellular calls will be billed at our cost without markup. Photocopies. We will bill you for photocopies at 20 cents per page. Outside computer research including, but not limited to, [LexisNexis®, Westlaw®, or PACER (Public Access to Court Electronic Records)]. Computerized research will be billed to you at our best estimate of actual cost, without markup and after application of any and all applicable volume discounts. GEORGIA /SOUTH CAROLINA / NORTH CAROLINA /VIRGINIA /WASHINGTON D. C. /MARYLAND /DELAWARE WOIvfsI.E CnnISI.E SANDRIDGE & RICE PLLC February 12, 2009 Page 2 Filing fees will be billed at the charges incurred by the Firm. Travel expenses. We will bill travel expenses at our cost without markup. Express delivery services (Federal Express, Airborne, etc.). We will bill you for the charges at the regular rate listed by the express delivery company. Court reporters, expert witnesses, accountants, will be billed at our cost without markup. Very truly yours, WOMBLE CARLYLE SANDRIDGE & RICE, a Professional Limited Liability Company ~----~/~ James R. M gan, Jr.