HomeMy WebLinkAbout2011-107 Child Support - Coleman, Gledhill, Hargrave and Peek for legal Services for Child Support $44,600.a~~o~
STATE OF NORTH CAROLINA )
CONTRACT OF EMPLOYMENT
COUNTY OF ORANGE )
THIS CONTRACT made and entered into this the 1st day of July, 2011, by and
between Orange County, hereinafter County, and Coleman, Gledhill, Hargrave & Peek,
P.C., hereinafter Attorneys.
WITNESSETH:
THAT WHEREAS, the County desires to employ Attorneys as its counselors at
law for the County of Orange upon the following terms:
1. This contract shall begin July 1, 2011 and unless sooner terminated by 30
days' notice of either parry shall exist and continue through June 30, 2012.
2. Attorneys, upon reasonable notice, are to be available for consultation,
legal advice and for representation as requested by Child Support Enforcement on all
legal matters arising from the duties of County under Article 9 of Chapter 110 of the
North Carolina General Statutes, Title IV-D of the Social Security Act, and the federal
regulations lawfully promulgated pursuant thereto.
3. Hereinafter, Francina Muse will be deemed the secondary attorney for the
County in all Child Support matters in which the primary attorney has a conflict of
interest and she does not. If both the primary and secondary attorney have a conflict of
interest, it is agreed that when such a conflict arises, the primary attorneys may refer
cases requiring legal services to other lawyers. Such referrals shall be with the consent
and approval of the County Manager. In all cases of referrals, the attorney to which the
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case is referred shall be compensated at the hourly rate specified in paragraph 5 below,
and shall keep an itemized record of work performed for County on a case-by-case
basis, submitting a bill therefore showing a breakdown of services performed on a case-
by-case basis. In the event such an attorney is awarded counsel fees by the Court in
this regard, an accounting shall be made to County in the same manner as provided
above.
4. Attorneys agree to comply with all the requirements of Article 9 of Chapter
110 of the North Carolina General Statutes, Title IV-D of the Social Security Act, and the
regulations promulgated pursuant thereto relating to the performance of the program's
legal services including; but not limited to, maintaining such records as are required by
County, to make said reports available for federal or state audit, if required, and to make
financial, statistical and program progress reports as are required.
5. For the services under this Contract, County agrees to pay Attorneys (1)
Ninety and No/100 Dollars ($90.00) per hour for each hour spent providing legal
services under the Child Support Enforcement program; and (2) Three Hundred Dollars
($300.00) per month for the services of clerks and legal assistants hired by them to
assist them in the performance of their duties to County and the costs of faxing,
telephone, copying, and postal expenses. The payments herein shall encompass all
expenses, including but not limited to, those for salary, supplies, office space, heating
and maintenance for office space, telephone service, long-distance telephone calls and
travel. County agrees to pay all court costs and filing fees which are required to be paid
in conjunction with services provided by Attorneys under this agreement. Court costs
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and filing fees advanced by Attorneys on behalf of County shall be reimbursed to
Attorneys.
6. Attorneys will be reimbursed for attendance at an annual child support
training session. Reimbursement will be at the rate of Forty-five and No/100 Dollars
($45.00) per hour for each hour of the session attended, not to exceed Two Hundred
Twenty-five and No/100 Dollars ($225.00) for attendance at the full annual training
session or One Hundred and No/100 Dollars ($100.00) for a single day attended.
Attorneys shall obtain from the Director of the Orange County Child Support Program
prior approval to attend an annual child support training session.
7. The amount to be paid by the County for services .rendered pursuant to
the terms of this contract shall not exceed $44,600.00.
8. This contract may be terminated by either party upon thirty (30) days
written notice to the other party. In the event of termination, the Attorney shall be paid
that portion of the fees and expenses earned up to the effective date of termination.
9. Any notice required by this contract may be delivered via hand delivery or
United States Mail, First Class, as follows:
County
Janet Sparks
110 N. Churton St.
Hillsborough, NC 27278
Attorneys
Leigh Peek
P.O. Drawer 1529
129 East Tryon Street
Hillsborough, NC 27278
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IN TESTIMONY WHEREOF, said parties have executed this Contract in
duplicate originals, one of which is to be retained by County, one of which is to be
retained by Attorneys.
ORANGE CO~NTY,.NOR~I-~CAROLINA
By:
COL
By:
Appro ed to rm and legal sufficiency:
J n Roberts, Orange County Attorney
=EK, P.C.
This instrument has been preaudited in the manner required by the Local
Government Budget and Fiscal Control Act.
Orange County Finance Officer
Frank W': Clifton,
Orange County P
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