HomeMy WebLinkAboutAgenda - 05-17-1994 - VIII-A {
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda_a
Item No. vin
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 17, 1994
SUBJECT: CSE Attorney Contract
DEPARTMENT: CSE PUBLIC HEARING: NO
ATTACHMENT(S) : INFORMATION CONTACT:
Contract (3 pages) Janet Sparks, ext. 2178
TELEPHONE NUMBER
Hillsborough 732-8181
Chapel Hill 968-4501
Mebane 227-2031
Durham 688-7331
PURPOSE:
To contract with Coleman, Gledhill and Hargrave to provide
legal representation for the Child Support Office.
BACKGROUND:
Certain functions essential to the IVD program can be
performed only by an attorney. Orange County must have legal
representation to be in compliance with North Carolina law
and Federal regulations.
RECOMMENDATION:
The Manager recommends approval of the contract as presented
and authorization for the Chair to sign.
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STATE OF NORTH CAROLINA )
COUNTY OF ORANGE
CONTRACT OF EMPLOYMENT
)
THIS CONTRACT made and entered into this the 1st day of July,
1994, by and between Orange County, hereinafter County, and
Coleman, Gledhill & Hargrave, P.C. , hereinafter Attorneys.
W I T N E S S E T H:
THAT WHEREAS, the County desires to employ Attorneys as its
counselors at law for the County of Orange upon the following
terms:
1. This Contract shall begin July 1, 1994 and unless sooner
terminated by 30 days ' notice of either party shall exist and
continue through June 30, 1995.
2 . Attorneys, upon reasonable notice, are to be available
for consultation, legal advice and for representation as requested
by the Child Support Enforcement Agency 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. Recognizing that from time to time representation of
County by Attorneys may result in a conflict of interest for the
Attorneys, it is agreed that when such a conflict arises, the
Attorneys may refer cases requiring legal services to other lawyers
in Orange County. 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 in the
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same manner as 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 therefor showing a breakdown of services
performed on a case-by-case basis as specified in paragraph 5. 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 for in paragraph 5 below.
4. Attorneys 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 relating to the performance of program
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 their services under this Contract, County agrees to
pay Attorneys Eighty-Five and No/100 Dollars ($85.00) per hour for
each hour spent by them providing legal services under the Child
Support Enforcement Program. Such hourly rate 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. Attorneys are
not be reimbursed for any extraordinary expense incident to
performing the services included under this agreement; except, that
County agrees to pay all court costs and filing fees which are
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required to be paid in conjunction with services provided by the
Attorneys under this agreement.
IN TESTIMONY WHEREOF, said parties have executed this Contract
in triplicate originals, one of which is to be retained by County,
one of which is to be retained by Attorneys and one of which is to
be filed with the Child Support Enforcement Section, Division of
Social Services of the Department of Human Resources, Raleigh,
North Carolina.
COLEMAN, LEDHILL & HARGRAVE, p.C.
By. &9a
• . Gledhill
0 GE CO , NORTH CAROLINA
By:
Moses Carey, Jr. , Chairman
ATTEST:
Beverly A. Blythe
Clerk to the Board of
Commissioners
This instrument has been preaudited in the manner required by
the Local Government Budget and Fiscal Control Act.
Orange County Finance Officer
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