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HomeMy WebLinkAboutAgenda - 08-08-1994 - VIII-K 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. Z -k ACTION AGENDA ITEM ABSTRACT Meeting Date: August 8, 1994 SUBJECT: Memorandum Renewal with North State Legal Services -------------------------------- ---------------------------------- DEPARTMENT: Aging PUBLIC HEARING YES: NO: X -------------------------------- ---------------------------------- ATTACHMENT(S) :. INFORMATION CONTACT: Jerry M. Passmore, ext. 2009 Memorandum of Agreement TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 ------------------------------------------------------------------------ PURPOSE: To request approval to renew the Memorandum of Agreement with North State Legal Services for the provision of legal counseling and assistance, as required by Title III of the Older Americans Act. BACKGROUND: The Older Americans Act requires that a small percentage of the annual county Title III allocation be spent to provide legal services for residents sixty years and older who cannot afford to seek legal services from the private sector. The required expenditure for FY 94-95 is $1,539 with a 10% local match. These funds were included in approved departmental budget. North State has agreed to provide the service for $25/hour again this year. This will be the sixth year of subcontracting with North State. RECOMMENDATION(S) : Manager recommends approval and Chair to sign Memorandum of Agreement with North State Legal Services. i 2 MEMORANDUM OF AGREEMENT THIS AGREEMENT is entered into this first day of July, 1994 between NORTH STATE LEGAL SERVICES, INC. (hereinafter referred to as NSLS) and the ORANGE COUNTY DEPARTMENT ON AGING (hereinafter referred to as OCDOA) . The period and duration of the Agreement shall be from July 1, 1994 to June 30, 1995 . W I T N E S S E T H WHEREAS, OCDOA desires to engage NSLS to render certain technical and professional services hereinafter described in connection with a undertaking which is expected to be funded under Title III of the Older Americans Act: NOW THEREFORE, the parties hereto mutually agree as follows: 1. NSLS shall do, perform and carry out in a satisfactory and proper manner the various services described below. These services shall be carried out by a licensed attorney or under the supervision of a licensed attorney. (a) To provide 69 units of direct legal services to persons 60 years and older who are residents of Orange County, North Carolina. Eligibility for such services will be determined without regard to the client's income. (b) Direct services for clients will' include: civil representation in court and administrative proceedings, negotiations on behalf of clients, preparation of legal documents, contracts, legal pleadings, legal counseling and/or advice, and referral of clients to appropriate social service agencies or to a private attorney for services prohibited under contract. Services will be provided to clients presenting meritorious cases in the following areas: i. Preparation of wills, powers of attorney, contracts ii. Preparation of legal pleadings iii. Food Stamps, Medicare, Medicaid and Social Security Benefits iv. Housing evictions and repair problems 3 v. Age and handicap discrimination in employment and housing vi. Adult abuse and nursing home problems vii. Bankruptcies viii. Consumer and utility problems ix. Community education of preventive legal management of personal affairs (c) Program services will be performed in such a manner so that elderly clients will have access to such services. Eligible clients may obtain program services at the Hillsborough office of NSLS at 114 W. Corbin Street or at a community location or an individual's home in Orange County. 2. OCDOA will reimburse NSLS at a rate of $25 .00 per service unit hour up to a maximum of 69 hours during the contract period. A service unit hour is defined as one case hour, whether or not the work is spent in the presence of the client. 3 . NSLS will abide by the Policies and Procedures issued by the North Carolina Division of Aging and incorporated into this agreement as Attachment 1 and will agree to be monitored by OCDOA for compliance annully. 4 . NSLS will advise all clients served pursuant to this agreement that they may make a contribution to the program. They will provide each client served with a copy of the Department's standard contribution letter, incorporated into this agreement as Attachment 2 . 5. NSLS agrees to provide monthly statistical reports with a cover invoice requesting reimbursement to the OCDOA for submission to Triangle J COG Area Agency on Aging. The statistical report form to be used by NSLS and the completion instructions are attached hereto as Attachment 3. 6 . Nothing in this Agreement shall be construed so as to conflict with the primary grant agreement Triangle J COG Area Agency on Aging and Orange County. To that end, those terms contained in the above-mentioned contract are specifically included in this Agreement and incorporated herein by reference as if fully set out. Nothing in this Agreement shall be construed so as to require NSLS or its attorneys to violate the attorney/ client relationship as governed by the Rules of Professional Conduct as enacted in the State. 1 4 7 . At regular intervals, the parties to the Agreement will discuss the service provided under the Agreement to correct problems, insure compliance with Division of Aging Services standards and this contract, and make necessary adjustments. IN WITNESS THEREOF, NSLS and OCDOA have executed this agreement of the date first written above. Orange County Government North State Legal Services L By By_t�Z& - Chair or Designated Official Chair or Desig ated Official Date Date