HomeMy WebLinkAbout2000 S Purchasing - Contract Approval: County Attorney - Coleman, Gledhill and Hargrave STATE OF NORTH CAROLINA
CONTRACT
COUNTY OF ORANGE
THIS CONTRACT, made and entered into this the i't day of
September, 2000, by and between ORANGE COUNTY, NORTH CAROLINA, a
body politic and corporate of the State of North Carolina, whose
mailing address is Post Office Box 8181, Hillsborough, North
Carolina 27278, hereinafter referred to as COUNTY, and COLEMAN,
GLEDHILL & HARGRAVE, P.C. , a North Carolina professional
corporation, whose mailing address is Post Office Drawer 1529,
Hillsborough, North Carolina 27278, hereinafter referred to as
ATTORNEYS :
W I T N E S S E T H:
WHEREAS, it is the desire of COUNTY and ATTORNEYS to enter
into an agreement of employment for the performance by ATTORNEYS
of such legal services that shall be required from time to time
to properly and adequately represent COUNTY.
NOW, THEREFORE, for and in consideration of the mutual
terms and agreements hereinafter set forth, COUNTY and ATTORNEYS
do agree, each with the other, as follows :
1 . ATTORNEYS shall perform legal services and render
advice to COUNTY on such occasions as may be required to
properly and adequately represent COUNTY.
2 . RETAINER SERVICES. The following services shall be
performed by ATTORNEYS for a monthly retainer fee of $4 , 000 :
a. Attending all meetings and hearings of the Board
of County Commissioners except those scheduled work sessions
related to the annual county budget adoption process .
b. Attending County administrative staff meetings
regularly scheduled to review the agenda in preparation for
Board of Commissioner meetings .
C. Attending any other Board or Council meetings
when requested by the Board of Commissioners.
d. Attending conferences of the North Carolina
Association of County Attorneys sponsored by the North Carolina
Association of County Commissioners, which conferences include
work programs in areas of legal significance to North Carolina
counties (typically held semiannually) and any other relevant
conferences, workshops or continuing legal education programs
related to legal and policy issues affecting North Carolina
counties as determined by ATTORNEYS or as requested by COUNTY.
e. Foregoing representation of any party whose
claim is adverse to, who seeks approval from or whose dispute is
with COUNTY, any COUNTY board or agency.
The retainer fee shall be payable to ATTORNEYS on September
1, 2000 and on the first day of each month thereafter so long as
ATTORNEYS provide legal services to COUNTY or until this
agreement is modified by the parties . The statement and invoice
for retainer services payable on September 1, 2000 shall include
retainer services performed from July 16, 2000 through August
15, 2000 . The statement and invoice for retainer services
thereafter shall include retainer services from the 16th of the
month through the 15th of the next month.
3 . FLAT FEE SERVICES . ATTORNEYS shall provide COUNTY
with 83 1/3 hours of non-retainer legal services per month for a
monthly fee of $3 , 666 . The services to be provided by ATTORNEYS
for this flat fee include all legal services provided by
ATTORNEYS for COUNTY other than those provided as retainer
services.
The fee for flat fee services shall be payable to ATTORNEYS
and the hours of service accounted for by ATTORNEYS as follows :
a. $3, 666 . 00 payable on September 1, 2000 and
$3, 666 payable on the first day of each month thereafter for so
long as ATTORNEYS provide legal services to COUNTY or until this
agreement is modified by the parties;
b. ATTORNEYS shall itemize the work done by them
and the time devoted by them to flat fee services on a monthly
statement and invoice. The statement and invoice payable on
September 1, 2000 shall provide for 83 1/3 hours of flat fee
services for the period July 16, 2000 through August 15, 2000 .
Monthly statements thereafter shall provide for 83 1/3 hours of
flat fee services for the period from the 16th of the next month
through the 15th of the following month and so on.
4 . ATTORNEYS shall provide COUNTY with all legal
services other than those provided as retainer services and
other than those provided as flat fee services at an hourly rate
of $95 . The fee for hourly services shall be payable to
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ATTORNEYS and the hours of service accounted for by ATTORNEYS as
follows :
a. The amount equal to the hours billed at the rate
of $95 per hour on September 1, 2000 and on the first day of
each month thereafter so long as ATTORNEYS provide legal
services to COUNTY or until this agreement is modified by the
parties .
b. ATTORNEYS shall itemize the work done by them
and the time devoted by them to hourly services on a monthly
statement and invoice . The statement and invoice payable on
September 1, 2000 shall include billable hours from July 16,
2000 through August 15, 2000 . Monthly statements thereafter
shall include billable hours from the 16th of the next month
through the 15th of the following month and so on.
5 . All expenses and costs incurred as a result of
ATTORNEYS' representation of COUNTY shall be paid by COUNTY. Any
expenses and costs advanced by ATTORNEYS on behalf of COUNTY
shall be reimbursed by COUNTY.
6 . Recognizing that from time to time representation of
COUNTY by ATTORNEYS may result in a conflict of interest for
ATTORNEYS, it is agreed that when such a conflict arises,
ATTORNEYS may refer cases requiring legal services to other
lawyers, preferably those living and with offices located in
Orange County. Such referrals shall be with the consent and
approval of the County Manager. All cases of referral for which
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the attorney to which the case is referred shall be compensated
at an hourly rate exceeding $150 shall be with the consent and
approval of the Board of Commissioners of COUNTY. The attorney
to which the case is referred shall keep an itemized record of
work performed for COUNTY, submitting a bill to COUNTY therefor
showing services performed.
7 . It is expressly understood and agreed that ATTORNEYS
will not provide and have not in the past provided advice and
counsel to the Orange County Sheriff' s Department in its
investigation and prosecution of criminal actions. The Sheriff ' s
Department is entitled to and is provided advice and counsel
concerning such matters from the district attorney of the
judicial district wherein Orange County lies as provided in
North Carolina General Statute § 7A-61 .
IN WITNESS WHEREOF, COUNTY and ATTORNEYS have hereunto
signed this agreement in duplicate originals, one of which is
retained by each party hereto and either of which is sufficient
as the original .
This the 1't day of September, 2000 .
ORANGE C LINTY, NORTH ^ROLINA
GE C TY' NO]
M M , Jr. ,es Carey, Jr Chair
Orange County Board of LIX1,
Commissioners
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ATTEST-
Beverly Blythe
Clerk to the Board of Commissioners
of Orange County
COLEMAN, GLEDHILL & HARGRAVE, P.C.
C.
/been
E. Gledhill
This instrument ha eaudited in the manner required
by the Local Government Budget and Fiscal Control Act .
K'e'nneth T. Chavious
Orange County Finance Officer
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