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HomeMy WebLinkAbout2015-259-E Child Support - Samantha Cabe, Attorney, for Child Support Legal Services $10,000 DocuSign Envelope ID:083EODBE-3875-4C24-A128-CEACAFAFE26E STATE OF NORTH CAROLINA ) CONTRACT OF EMPLOYMENT COUNTY OF ORANGE ) THIS CONTRACT made and entered into this the 1st day of July, 2015, by and between Orange County, hereinafter County, and Samantha Hyatt Cabe, hereinafter Attorney. WITNESSETH: THAT WHEREAS, the County desires to employ Attorney as its counselor at law for the County of Orange upon the following terms: 1. This contract shall begin July 1, 2015 and unless sooner terminated by 30 days' notice of either party shall exist and continue through June 30, 2016. 2. Attorney(s), upon reasonable notice, is (are) to be available for consultation, legal advice and for representation as requested by Child Support on all legal 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, 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 1 DocuSign Envelope ID:083EODBE-3875-4C24-A128-CEACAFAFE26E 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 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 Attorney(s) Ninety and No/100 Dollars ($90.00) per hour for each hour spent providing legal services under the Child Support 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 Attorney. 2 DocuSign Envelope ID:083EODBE-3875-4C24-A128-CEACAFAFE26E 7. The amount to be paid by the County for services rendered pursuant to the terms of this contract shall not exceed $10,000.00. 8. Any notice required by this contract may be delivered via hand delivery or United States Mail, First Class, as follows: County: Attorney: Janet Sparks Samantha Hyatt Cabe P. O. Box 8181 100 Timberhill Place, Ste 127 Hillsborough, NC 27278 Chapel Hill, NC 27514 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. ORANG g , NdTY, NORTH CAROLINA jbV�,lttf �AaMw�t VS 6/19/2015 By D—EA7z Bonnie Hammersley Orange County Manager Samantha Hyatt ggbe ocu B Y �A.WtaA& C1 (ADU 6/12/2015 proved as to form and legal sufficiency: e 6/15/2015 Jo r V62ff8 65Orange County Attorney 3 DocuSign Envelope ID:083EODBE-3875-4C24-A128-CEACAFAFE26E This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Docusigned by: [P.'� t, bvu 6/14/2015 Orange County Finance Officer 4 DocuSign Envelope ID:083EODBE-3875-4C24-A128-CEACAFAFE26E ���E�� LIABILITY INSURANCE 5020 Weston Parkway, Suite 200 919.677.8900 TEL COMPANY OF Cary, North Carolina 27513 800.662.8843 Tori.FRrf Post Office Box 1929 919.677,9641 FAX - MUTUAL NORTH CAROLINA Cary, North Carolina 27512-1929 www,lawyersmutualnc.coni Declarations HOLCOMB & CABE LLP 127 TIMBERHILL PLACE CHAPEL HILL, NC 27514 Policy Number: 31629 - 3 Policy Period: 07/01/2015 to 0710112016 12:01 A.M. Standard Time at the address of the Named Insured stated herein Retroactive Date: 07/01/2013 Limits of liability: A. $ 1,000,000 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. $ 1,000,000 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. $ 5,000 C. See Condition I, "Deductible and Limit of (including claims expenses) Liability," of the Policy. Premium: $ 4,026 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 31629 - 2015 DocuSign Envelope ID:083EODBE-3875-4C24-A128-CEACAFAFE26E i , LIABILITY INSURANCE 5020 Weston Parkway, Suite 200 919.677.8900 TEL ? LAW Z Car% North Carolina 27`113 800.662.8843 rou.FREE MUTUAL COMPANY OF 1 NORTH CAROLINA Post office Box 1929 r � 9(9.677.9641 r,�� Cary, North Carolina 2 ,12-1)29 mvw.lawyersmutuaInc.corn Attorney Listing / Prior Acts Limitation Endorsement This Endorsement, effective 12:01 A.M. on 07/01/2015 forms a Part of Policy No. 31629- 3 (the "Policy") issued by LAWYERS MUTUAL LIABILITY INSURANCE COMPANY OF NORTH CAROLINA(the "Company")and applies to HOLCOMB & CABE LLP (the "Named Insured"). It is hereby understood and agreed that as to each attorney listed below as aninsured 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 Licensing State License Prior Acts Date (or Other) Number 1. SAMANTHA HYATT CABE NC 28461 09/03/2002 2. CAROL JAN HOLCOMB NC 16357 04/30/1989 Authorized Agent END#: 012 (1211712014) Page 1 of 1 Attyi-istPALE 31629 - 2015