HomeMy WebLinkAboutAgenda - 05-15-2007-4dORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 15, 2007
Action Agenda
Item No.
SUBJECT: Child Support Attorney Contract
DEPARTMENT: Child Support Enforcement
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
2007-2008 Contract
INFORMATION CONTACT:
Janet Sparks 245 2178
PURPOSE: To contract with Coleman, Gledhill, Hargrave and Peek to provide legal
representation for the Child Support Office.
BACKGROUND: The Child Support program must have legal representation to be in
compliance with NC law and Federal regulations. Only an attorney can perform certain
functions essential to the program. There is no change in the contract from 2006-2007.
The hourly rate of $90 remains unchanged and 66 percent of the hourly charges are
reimbursed through Federal Financial Participation (FFP).
FINANCIAL IMPACT: The cost of the contract for fiscal year 2007-2008 remains constant at
the 2006-07 budgeted amount of $51,600. The County Manager's Recommended 2007-08
Annual Operating Budget will include funding sufficient to cover the contract. It is important to
note that the County's cost after receiving revenues associated with the Federal Financial
Participation (FFP) will be $17,544.
RECOMMENDATION(S): The Manager recommends that the Board approve the contract
and authorize the Chair to sign.
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STATE OF NORTH CAROLINA )
CONTRACT OF EMPLOYMENT
COUNTY OF ORANGE )
THIS CONTRACT made and entered into this the 1st day of
July, 2007, by and between Orange County, hereinafter County,
and Coleman, Gledhill, Hargrave & Peek; 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, 2007 and unless
sooner terminated by 30 days' notice of either party shall exist
and continue through June 30, 2008.
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
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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 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 therefor 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. 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.
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5. For their services under this Contract, County agrees
to pay Attorneys (1) Ninety and No/100 Dollars ($90.00) per hour
for each hour spent by them 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 cost 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 Attorneys under this agreement. Court costs and
filing fees advanced by Attorneys on behalf of County shall be
reimbursed to Attorneys.
6. Attorneys 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
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($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.
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, GLEDHILL, HARGRAVE & PEEK, P.C.
By:
Geoffrey E. Gledhill
ORANGE COUNTY, NORTH CAROLINA
By:
Moses Carey, Jr., Chair
ATTEST:
Donna S. Baker
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
lsg:orangecounty\csecon2007.doc
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