HomeMy WebLinkAbout2014-235 Child Support - Leigh Peek, Attorney, for CSE legal services $44,600 �Zviy- a3S'
STATE OF NORTH CAROLINA )
CONTRACT OF EMPLOYMENT
COUNTY OF ORANGE )
THIS CONTRACT made and entered into this the 1st day of July, 2014, by and
between Orange County, hereinafter County, and Leigh Peek, Attorney at Law, P.C.,
hereinafter Attorneys.
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, 2014 and unless sooner terminated by 30
days' notice of either party shall exist and continue through June 30, 2015.
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 thereto.
3. Hereinafter, Samantha Hyatt Cabe 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
1
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(s) 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(s)
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 Attorney(s) under this agreement. Court costs
2
and filing fees advanced by Attorney(s) on behalf of County shall be reimbursed to
Attorney(s).
6. Attorney(s) 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.
I
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 U TH INA
By:
Mic ael a ert
Orange County Interim Manager
Leigh Peek, orney at aw, P.C.
By: �.
3
Approved as to form and legal sufficiency:
169fiK Roberts, Orange County Attorney
This instrument has been preaudited in the manner required by the Local
Government Budget and Fiscal Control Act.
Orange County Finance Officer
4
LIABILITY INSURANCE 5020 Weston Parkway,Suite 200 919.677.8900 TEL
"J LAWYERS OMPANY OF Cary, North Carolina 27513 800.662.8843 TOLL FREE
C
Post Office Box 1929 919.677.9641 fAx
MUTUAL NORTH CAROLINA Cary, North Carolina 27512-1929 www.lawyersimutualric.cont
Declarations
LEIGH PEEK, ATTORNEY AT LAW, P.C. Location:
PO BOX 1059 101-307 MEADOWLANDS DR
HILLSBOROUGH, NC 27278 HILLSBOROUGH NC 27278
Policy Number. 31219-3
Policy Period: 05/18/2014 to 05/18/2015
12:01 A.M.Standard Time at the address of the Named Insured stated herein
Retroactive Date: 05/18/2012
Limits of Liability: A. $,250,000 A. Applicable to any individual claim or one or more
related claims. All claims arising out of the same,
related or continuing professional service.
B. $ 750,000 B. Aggregate limit of the Company's liability for all
damages and claims expenses without regard to
the number of insureds, claims, demands, suits,
pleadings or claimants.
Deductible: C. $ 10,000 C. See Condition L "Deductible and Limit of
(including claims expenses) Liability,"of the Policy.
Premium: $ 2,798
Endorsement Attachments:
012
In witness whereof,Lawyers Mutual Liability Insurance Company of North Carolina has caused this policy to be signed by its President and
Secretary and countersigned by a duly authorized agent of the Company,
Secretary
Pre ident V Authorized Agent
Lawyers Professional Liability Policy(This is a Claims-Made Policy. Defense costs are a part of the Policy
Limits and reduce the amount available to pay losses. You should read your policy for a complete
understanding of its Terms,Conditions&Coverages).
(10/05/2012) PolicyForm 31219 2014
LIABILITY INSURANCE 5020 Weston Parkway,Suite 200 919.677,8900TEL
LAWYERS
COMPANY OF Cary, North Carolina 27513 800.662.8843 TOLL FREE
Post Office Box 1929 919.677.9641 FAX
MUT UALI NORTH CAROLINA Cary, North Carolina 27512-1929 1 www.lawyersmutuainc.corn
Attorney Listing / Prior Acts Limitation Endorsement
This Endorsement, effective 12:01 A.M. on 05/18/2014 forms a part of Policy No. 31219-3 (the
"Policy")issued by LAWYERS MUTUAL LIABILITY INSURANCE COMPANY OF NORTH CAROLINA(the
"Company")and applies to LEIGH PEEK,ATTORNEY AT LAW, P.C. (the"Named Insured").
It is hereby understood and agreed that as to each attorney listed below as anlnsured under this
Policy, this Policy shall not apply to such Insured's acts or omissions occurring, or series of
related act(s)or omission(s) beginning, prior to the date listed individually for each Insured below
('Prior Acts Date").
All Policy provisions, terms, and conditions, except as provided otherwise in this endorsement,
remain in full force and effect.
Attorney Name NC State Bar Prior Acts Date
1. MICHAEL NOAH OSWALD 44671 08/31/2012
2. LEIGH ANN PEEK 22249 07/08/1996
Authorized Agent
END#:012 (05/20/2013) Page 1 of 1 Attyl-istPALE 31219 2014