HomeMy WebLinkAbout2012-068 Child Support - Francina Muse for CSE Legal Services $10,000STATE OF NORTH CAROLINA )
) CONTRACT OF EMPLOYMENT
COUNTY OF ORANGE )
THIS CONTRACT made and entered into this the 1st day of July, 2012, by and between
Orange County, hereinafter County, and Francina Muse, hereinafter Attorney.
WITNESSETH:
THAT WHEREAS, the County desires to employ Attomey as its counselor at law for the
County of Orange upon the following terms:
1. This contract shatl 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, 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
Leigh Peek, Attorney at Law, 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 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
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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 Attomey 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 Attomey.
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:
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County
Janet Sparks
PO Box 8181
Hilisborough, NC 27278
Attomey
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:
F~fi~C 1yV. CI' on, Jr.
Orange C nty Manager by
authority of contract between
Orange County and Leigh Peek, Attorney at
Law, P.C. dated July 1, 2012
, ~
Francina Muse, Attorney
Approved~ rm and legal sufficiency:
J Roberts, Orange County Attorney
This instrument has been preaudited in the manner required by tfie Local Government
Budget and Fiscal Control Act.
Gl~-- ~- ,~ , ~~----..
Orange County Finance Officer
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