HomeMy WebLinkAbout2011-106 Child Support - Francina Muse to provide secondary legal services for Child SupportSTATE 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 Francina Muse, hereinafter Attorney.
WITNESSETH:
THAT WHEREAS, the County desires to employ Attorney as its counselor 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 party shall exist and continue through June 30, 2012.
2. Attorney, upon reasonable notice, is to be available for consultation, legal
advice and for representation as requested by Child Support Enforcement on any
matters in which Coleman, Gledhill, Hargrave and Peek, P.C. has a conflict which
precludes their representation of the County regarding 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
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and approval of the County Manager. In all cases of referrals, the attorney to which the
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. Attorney agrees 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 Attorney
Ninety and No/100 Dollars ($90.00) per hour for each hour spent providing legal
services under the Child Support Enforcement program. 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 Attorney under this
agreement. Court costs and filing fees advanced by Attorney on behalf of County shall
be reimbursed to Attorney.
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6. The amount to be paid by the County for services rendered pursuant to
the terms of this contract shall not exceed $10,000.
7. 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.
8. Any notice required by this contract may be delivered via hand delivery or
United States Mail, First Class, as follows:
County
Janet Sparks
PO Box 8181
Hillsborough, NC 27278
Attorney
Francina Muse
PO Box 12611
Durham, NC 27709
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 Attorney.
By:
Franl~'SV. CI' n, Jr.
Orange C un Manager by
authority of contract between
Orange County and Coleman, Gledhill,
Hargrave & Peek dated July 1, 2010
~.
Francina Muse, Attorney
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Approved as to fo~' n gal sufficiency:
John Roberts range County Attorney
This instrument has been preaudited in the manner required by the Local
Government Budget and Fiscal Control Act. 9
Orange County Finance Officer