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HomeMy WebLinkAbout2012-067 Child Support - Leigh Peek for CSE Legal Services $44,600V STATE OF NORTH CAROLINA ) COUNTY OF ORANGE ~ ) CONTRACT OF EMPLOYMENT THIS CONTRACT made and entered into this the 1 st day of July, 2012, by and between Orange County, hereinafter County, and Leigh Peek, ~ Attorney at Law, P.C., hereinafter Attorney(s). WITNESSETH: THAT WHEREAS, the County desires to employ Attorney(s) as its counselor(s) at law for the County of Orange upon the following terms: 1. This contract shall begin July 1, 2012 and unless sooner terminated by 30 days' notice of either party shall exist and continue through June 30, 2013. 2. Attorney(s), upon reasonable notice, is(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 thereta 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 attorney(s) 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 case is referred shall be compensated at the hourly rate specified in paragraph 5 below, and shall keep an itemized record of work pertormed for County on a case-by-case basis, submitting a bill therefore showing a breakdown of services 1 pertormed 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(s) 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 retating 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(s) (1) Ninety and No/100 Dotlars ($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 and filing fees advanced by Attorneys on behalf of County shall be reimbursed to Attorneys. 6. Attomeys will be reimbursed for attendance afi 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 2 Dollars ($100.00) for a single day attended. Attorneys shali 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. 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(s). ORANGE COUNTY, NORTH CAROLINA By: ~ ~ 7 _ ~ Frank W. i on, Jr. Orange ounty Manager LEIGH PEEK, TTORNEY AT LAW, P.C. By: Approved as to form and legal sufficiency: Joh ,oberts, Orange County Attorney This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. G~~~ N• /~~ Orange County Finance Officer 3