HomeMy WebLinkAboutAgenda - 06-29-1993 - VIII-H • ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item Nn _ Ij_
ACTION AGENDA ITEM ABSTRACT
Meeting Date: _Jline •29 , 199
S:;B.3 CT: COUNTY ATTORNEY CONTRACT
DEPARTMENT: County Attorney PUBLIC HEARING YES : NC : X
A:,ACHMENT (S) legal services agreeme OR•1ATION CONTACT : Geoffrey Gledhill
(732-2196 )
July 1 , 1993 - Child Support Enforcement
July 1 , 1993 - general legal TELEPHONE NJMBER-
July 1 , 1987 - general legal Hillsborough - 732-8181
July 1 , 1979 - general legal Chapel Hill - 968-4501
December 8 , 1979 memorandum of employ - ,Mebane - 227-2031
ment - general legal
Durham - 6aa-7331
PURPOSE: To provide for.Orange County legal services generally and
to provide legal services 4to , the- Orange County Child Support
Enforcement Program.
BACKGROUND: Since 1974 Orange County has contracted with the law
firm of Coleman, Gledhill and Hargrave, P.C. and its predecessors
for general legal services . Geoffrey.Gledhill has been the lawyer
from the firm principally responsible for these legal services
since July 1975 . There have been infrequent changes to the
contract between the County and its attorneys . The first agreement
was unwritten, but confirmed by a December 1974 memorandum. It was
revised in 1979 to take the form that it has now. The fee portion
of that agreement .was revised again in 1987 . ' There have been no
revisions since. The agreement under consideration now provides
for a different approach than, that in effect since 1979 .
This different approach provides modest fee increases from the
1987 agreement for some aspects of the work performed by the County ,
Attorney. These increases, are offset' by the "flat fee services "
aspect of the agreement. _ Under this approach, services will be
provided for a flat fee which, on an hourly basis , is approximately
half of the current hourly rate. . The County will have available to
it, its Boards and • agencies, a fixed amount of time per month.
Only time beyond that will be billed at the. hourly rate provided
for in the agreement: • It is anticipated that the new agreement
will provide the County with a more efficient legal services plan
that is "budget neutral. "
The contract, for legal services for the Child Support
Enforcement Program is unchanged from recent prior years in scope
and fee amount. The fee amount entitles Orange County to receive
the full and the same percentage State and federal reimbursement
for legal services that it receives for child support generally.
RECOMMENDATION: As the Board. decides .
2
STATE OF NORTH CAROLINA
CONTRACT OF EMPLOYMENT
COUNTY OF ORANGE
THIS CONTRACT made and entered into this the 1st day of July,
1993 , 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, 1993 and unless sooner
terminated by 30 days ' notice of either party shall exist and
continue through June 30 , 1994 .
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
1
3
same manner as specified in paragraph 5 below, and shall keep an
itemized record of work perfoLmed 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 perfoLn ance 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 Sixty and No/100 Dollars ( $60 . 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
perfos,uing the services included under this agreement; except, that
County agrees to pay all court costs and filing fees which are
2
4
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,fGLEDHILL & ' 'GRAVE, P.C .
By: (i=��� ifl�r
/Goof, e . Gledhill
V /
ORKNGE COUNTY, 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
3
5
STATE OF NORTH CAROLINA
CONTRACT
COUNTY OF ORANGE
THIS CONTRACT, made and entered into this the 1st day of
July, 1993 , by and between ORANGE COUNTY, NORTH CAROLINA, a body
politic and corporate of the State of North Carolina, whose
mailing address is Post Office Box 8181, Hillsborough, North
Carolina 27278 , hereinafter referred to as COUNTY, and COLEMAN,
GLEDHILL & HARGRAVE, P . C . , a North Carolina professional
corporation, whose mailing address is Post Office Drawer 1529 ,
Hillsborough, North Carolina 27278 , hereinafter referred to as
ATTORNEYS :
W I T N E S S E T H:
WHEREAS, it is the des.tre of COUNTY and ATTORNEYS to enter
into an agreement of employment for the performance by ATTORNEYS
of such legal services that shall be required from time to time
to properly and adequately represent COUNTY.
NOW, THEREFORE , for and in consideration of the mutual terms
and agreements hereinafter set forth, COUNTY and ATTORNEYS do
agree, each with the other, as follows :
1 . ATTORNEYS shall perform legal services and render
advice to COUNTY on such occasions as may be required to properly
and adequately represent COUNTY.
2 . RETAINER SERVICES . The following services shall be
performed by ATTORNEYS for a monthly retainer fee of $3 ,500 :
a. Attending all meetings and hearings of the Board
of County Commissioners except those scheduled work sessions
related to the annual county budget adoption process .
1
6
b . Attending County administrative staff meetings
regularly scheduled to review the agenda in preparation for Board
of Commissioner meetings .
c . Attending any other Board or Council meetings when
requested by the Board of Commissioners .
d. Attending conferences of the North Carolina
Association of County Attorneys sponsored by the North Carolina
Association of County Commissioners , which conferences include
work programs in areas of legal significance to North Carolina
counties (typically held semiannually) and any other relevant
conferences , workshops or continuing legal education programs
related to legal and policy issues affecting North Carolina
counties as deteiuiined by AQTORNEYS or as requested by COUNTY.
e. Foregoing representation of any party whose claim
is adverse to, who seeks approval from or whose dispute is with
COUNTY, any COUNTY board or agency.
The retainer fee shall be payable to ATTORNEYS on July 1,
1993 and on the first day of each month thereafter so long as
ATTORNEYS provide legal services to COUNTY or until this
agreement is modified by the parties .
3 . FLAT FEE SERVICES . ATTORNEYS shall provide COUNTY with
83 1/3 hours of non-retainer legal services per month for a
monthly fee of $3 , 333 . The services to be provided by ATTORNEYS
for this flat fee include all legal services provided by
ATTORNEYS for COUNTY other than those provided as retainer
services .
2
7
The fee for flat fee services shall be payable to ATTORNEYS
and the hours of service accounted for by ATTORNEYS as follows :
1 . $1, 500 payable on August 1, 1993 and $3, 000
payable on the first day of each month thereafter for so long as
ATTORNEYS provide legal services to COUNTY or until this
agreement is modified by the parties;
2 . ATTORNEYS shall itemize the work done by them and
the time devoted by them to flat fee services on a monthly
statement. and invoice with a cut-off for work perfotnied on the
15th day of the previous month. The statement and invoice
payable on August 1, 1993 shall provide for 41 2/3 hours of flat
fee services for the period July 1, 1993 through July 15 , 1993 .
Each month' s statement thereafter shall provide for 83 1/3 hours
of flat fee services ( for the period from the the 16th of a month
through the 15th of the next month) .
4 . ATTORNEYS shall provide COUNTY with all legal services
other than those provided as retainer services and other than
those provided as flat fee services at an hourly rate of $85 .
The fee for hourly services shall be payable to ATTORNEYS and the
hours of service accounted for by ATTORNEYS as follows :
1 . The amount equal to the hours billed at the rate
of $85 per hour on August 1, 1993 and on the first day of each
month thereafter so long as ATTORNEYS provide legal services to
COUNTY or until this agreement is modified by the parties .
2 . ATTORNEYS shall itemize the work done by them and
the time devoted by them to hourly services on a monthly
3
8
statement and invoice with a cut-off for work perfointed on the
15th day of each month. The statement and invoice payable on
August 1, 1993 shall include billable hours from July 1 through
July 15 . Monthly statements thereafter shall include billable
hours from the 16th of the month through the 15th of the next
month.
5 . All expenses and costs incurred as a result of
ATTORNEYS ' representation of COUNTY shall be paid by COUNTY. Any
expenses and costs advanced by ATTORNEYS on behalf of COUNTY
shall be reimbursed by COUNTY.
6 . Recognizing that from time to time representation of
COUNTY by ATTORNEYS may result in a conflict of interest for
ATTORNEYS, it is agreed that when such a conflict arises ,
ATTORNEYS may refer cases requiring legal services to other
lawyers , preferably those living and with offices located in
Orange County. Such referrals shall be with the consent and
approval of the County Manager. In all cases of referral, the
attorney to which the case is referred shall be compensated at an
hourly rate not to exceed $85 , and shall keep an itemized record
of work performed for COUNTY, submitting a bill therefor showing
services performed.
7 . It is expressly understood and agreed that ATTORNEYS
will not provide and have not in the past provided advice and
counsel to the Orange County Sheriff ' s Department in its
investigation and prosecution of criminal actions . The Sheriff ' s
4
9
Department is entitled to and provided advice and counsel
concerning such matters from the district attorney of the
judicial district wherein Orange County lies as provided in North
Carolina General Statutes § 7A-61 .
IN WITNESS WHEREOF, COUNTY and ATTORNEYS have hereunto
signed this agreement in duplicate originals, one of which is
retained by each party hereto and either of which is sufficient
as the original .
This the day of , 1993 .
ORANGE COUNTY, NORTH CAROLINA
By:
Moses Carey, Jr. , Chair
Orange County Board of
Commissioners
ATTEST:
Beverly Blythe
Clerk to the Board of Commissioners
of Orange County
(SEAL)
COLEMAN, ,GLEDHILL & HARGRAVE, P .C .
By:--//y. %,;';;_ K>
1.
' Gedf f re2/E/ Gl�dhi`l'l
{
This instrument has been preaudited in the manner required
by the Local Government Budget and Fiscal Control Act.
Kenneth T . Chavious
Orange County Finance Officer
5
10
STATE OF NORTH CAROLINA
CONTRACT
COUNTY OF ORANGE
THIS CONTRACT, made and entered into this the 1st
day of July, 1987 , by and between ORANGE COUNTY, NORTH
CAROLINA, hereinafter referred to as COUNTY, and COLEMAN,
BERNHOLZ , DICKERSON, BERNHOLZ , GLEDHILL AND HARGRAVE ,
attorneys at law,. Orange County, North Carolina , hereinafter
referred to as ATTORNEYS:
W I T N E S S E T H:
WHEREAS , it is the desire of the COUNTY and the
ATTORNEYS to enter into an =agreement of employment for the
performance by the A'.L !'ORNEYS of such legal services that
shall be required from time to time to properly and
adequately represent the COUNTY.
NOW , THEREFORE , for and in consideration of the
mutual terms and agreements hereinafter set forth, the COUNTY
and the ATTORNEYS do agree , each with the other , as follows :
1. The ATTORNEYS shall perform legal services and
render advice to the COUNTY on such occasions as may be
required to properly and adequately represent the COUNTY.
2 . RETAINER SERVICES . The following services
shall be performed by the ATTORNEYS for a monthly retainer
fee of $3 , 000 . 00 :
a. Attending all meetings and hearings of
the Board of County Commissioners .
1
11
b. Advising and counseling the Board of
Commissioners and COUNTY employees regarding routine COUNTY
matters as described in the description of services document
which is attached and made a part of this contract.
c . Attending any other Board or Council
meetings when requested by the Board of Commissioners .
d. Foregoing representation of any party
whose claim is adverse to or whose dispute is with the
COUNTY, any COUNTY board , agency or employee as the result of
actions or inactions of the employee while acting or failing
to act within the course and scope of the employee ' s
employment with the COUNTY.
The retainer fee shall be payable to the ATTORNEYS
as follows :
Three thousand and No/100 Dollars ($ 3 , 000 . 00 )
payable on July 1, 1987 and a like amount payable on the
first day of each month thereafter so long as the ATTORNEYS
provide legal services to the COUNTY or until this agreement
is modified by the parties .
3 . HOURLY SERVICES . Services shall be performed
by the ATTORNEYS at an hourly rate of $75 . 00 for non-routine
matters as described in the description of services document
which is attached to this contract and made a part of it.
4 . All expenses and costs incurred as a result of
the ATTORNEYS ' representation of the COUNTY shall be paid by
2
12
the COUNTY. Any expenses and costs advanced by the ATTORNEYS
on behalf of the COUNTY shall be reimbursed by the COUNTY.
5 . It is expressly understood and agreed that the
ATTORNEYS will not provide and have not in the past provided
advice and counsel to the Orange County Sheriff ' s Department
in its investigation and prosecution of criminal actions.
The Sheriff ' s Department is entitled to advice and counsel
concerning such ' matters from the district attorney of the
judicial district wherein Orange County lies as provided in
North Carolina General Statute Section 7A-61.
IN WITNESS WHEREOF, the COUNTY and the ATTORNEYS
have hereunto signed this agreement in duplicate originals,
one of which is retained by each party hereto and either of
which is sufficient as the original.
This the day of , 19
ORANGE COUNTY, NORTH CAROLINA
By:
Shirley E. Marshall, Chair
Orange County Board of
Commissioners
ATTEST:
Beverly Blythe
Clerk to the Board of Commissioners
of Orange County
(SEAL)
3
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COLEMAN, BERNHOLZ , DICKERSON,
BERNHOLZ , GLEDHILL AND HARGRAVE_.
/1 i
BY 1141411" 40-4411iAid.....4.1
e•-T f e. . f le.• i l' ,
Genera 'ar,n
This instrument has been preaudited in the manner
required by the Local Government Budget and Fiscal Control
Act. .
Gordon Baker
Orange County Finance Officer
4
14
STATE OF NORTH CAROLINA
DESCRIPTION OF SERVICES
COUNTY OF ORANGE
Routine County Matters
1. Attending conferences and seminars (county attorneys
conferences , county commissioner conferences when possible,
continuing legal education seminars germane to local
government law) .
2 . Subdivision review work.
3 . Erosion control review work (including letters of demand
for civil penalties) - to the point where legal action is
needed.
4 . Contract review and preparation of proforma contracts .
5 . Lease review
6 . Other document review - deeds , ordinances , etc .
7 . Insurance follow-up
8 . Conferences with staff and commissioners concerning
routine matters
9. Preventative counselling work
10. Routine tax collection work
11. Legislative follow-up - would include some bill
drafting, depending upon complexity
12 . Ordinance interpretation not requiring research
13 . Some bond issue work
14 . Auditors report
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Non-Routine County Matters
1. All in-court work, which would include all appearances
on behalf of the County, its Boards and Agencies at any
hearing or trial before any court or administrative tribunal
2 . Preparation for litigation
3 . Other research - generally related to requests for legal
opinion
4 . Conferences regarding non-routine matters
5. Contract drafting other than proforma contracts
6 . Ordinance drafting including revisions
7 . Bond issue work that is not routine
8 . All other non-routine out-of-court work - not readily
identifiable because of its non-routine nature
9 . Erosion control work that is not routine
10 . Tax collection litigation
11. Federal and State grant/legal work
12. Participating paving work
The last three non-routine matters are billable at
the hourly rate but for the most part, legal fees are
recoverable by Orange County from either private or State
and Federal sources .
2
,011W- 6',A//x5
STATE OF NORTH CAROLINA
CONTRACT
COUNTY OF ORANGE
THIS CONTRACT, made and entered into this the 1st day of
July, 1993, by and between ORANGE COUNTY, NORTH CAROLINA, a body
politic and corporate of the State of North Carolina, whose
mailing address is Post Office Box 8181, Hillsborough, North
Carolina 27278, hereinafter referred to as COUNTY, and COLEMAN,
GLEDHILL & HARGRAVE, P.C. , a North Carolina professional
corporation, whose mailing address is Post Office Drawer 1529,
Hillsborough, North Carolina 27278, hereinafter referred to as
ATTORNEYS:
W I T N E S S E T H:
WHEREAS, it is the desire of COUNTY and ATTORNEYS to enter
into an agreement of employment for the performance by ATTORNEYS
of such legal services that shall be required from time to time
to properly and adequately represent COUNTY.
NOW, THEREFORE, for and in consideration of the mutual terms
and agreements hereinafter set forth, COUNTY and ATTORNEYS do
agree, each with the other, as follows:
1. ATTORNEYS shall perform legal services and render
advice to COUNTY on such occasions as may be required to properly
and adequately represent COUNTY.
2 . RETAINER SERVICES. The following services shall be
performed by ATTORNEYS for a monthly retainer fee of $3,500:
a. Attending all meetings and hearings of the Board
of County Commissioners except those scheduled work sessions
related to the annual county budget adoption process.
1
b. Attending County administrative staff meetings
regularly scheduled to review the agenda in preparation for Board
of Commissioner meetings .
c . Attending any other Board or Council meetings when
requested by the Board of Commissioners .
d. Attending conferences of the North Carolina
Association of County Attorneys sponsored by the North Carolina
Association of County Commissioners, which conferences include
work programs in areas of legal significance to North Carolina
counties (typically held semiannually) and any other relevant
conferences, workshops or continuing legal education programs
related to legal and policy issues affecting North Carolina
counties as determined by ATTORNEYS or as requested by COUNTY.
e. Foregoing representation of any party whose claim
is adverse to, who seeks approval from or whose dispute is with
COUNTY, any COUNTY board or agency.
The retainer fee shall be payable to ATTORNEYS on July 1,
1993 and on the first day of each month thereafter so long as
ATTORNEYS provide legal services to COUNTY or until this
agreement is modified by the parties.
3 . FLAT FEE SERVICES. ATTORNEYS shall provide COUNTY with
83 1/3 hours of non-retainer legal services per month for a
monthly fee of $3,333 . The services to be provided by ATTORNEYS
for this flat fee include all legal services provided by
ATTORNEYS for COUNTY other than those provided as retainer
services .
2
The fee for flat fee services shall be payable to ATTORNEYS
and the hours of service accounted for by ATTORNEYS as follows:
1 . $1,666 .50 payable on August 1, 1993 and $3,333
payable on the first day of each month thereafter for so long as
ATTORNEYS provide legal services to COUNTY or until this
agreement is modified by the parties;
2 . ATTORNEYS shall itemize the work done by them and
the time devoted by them to flat fee services on a monthly
statement and invoice with a cut-off for work performed on the
15th day of the previous month. The statement and invoice
payable on August 1, 1993 shall provide for 41 2/3 hours of flat
fee services for the period July 1, 1993 through July 15, 1993 .
Each month's statement thereafter shall provide for 83 1/3 hours
of flat fee services (for the period from the the 16th of a month
through the 15th of the next month) .
4 . ATTORNEYS shall provide COUNTY with all legal services
other than those provided as retainer services and other than
those provided as flat fee services at an hourly rate of $85 .
The fee for hourly services shall be payable to ATTORNEYS and the
hours of service accounted for by ATTORNEYS as follows:
1. The amount equal to the hours billed at the rate
of $85 per hour on August 1, 1993 and on the first day of each
month thereafter so long as ATTORNEYS provide legal services to
COUNTY or until this agreement is modified by the parties.
2 . ATTORNEYS shall itemize the work done by them and
the time devoted by them to hourly services on a monthly
3
statement and invoice with a cut-off for work performed on the
15th day of each month. The statement and invoice payable on
August 1, 1993 shall include billable hours from July 1 through
July 15 . Monthly statements thereafter shall include billable
hours from the 16th of the month through the 15th of the next
month.
5 . All expenses and costs incurred as a result of
ATTORNEYS ' representation of COUNTY shall be paid by COUNTY. Any
expenses and costs advanced by ATTORNEYS on behalf of COUNTY
shall be reimbursed by COUNTY.
6 . Recognizing that from time to time representation of
COUNTY by ATTORNEYS may result in a conflict of interest for
ATTORNEYS, it is agreed that when such a conflict arises,
ATTORNEYS may refer cases requiring legal services to other
lawyers, preferably those living and with offices located in
Orange County. Such referrals shall be with the consent and
approval of the County Manager. In all cases of referral, the
attorney to which the case is referred shall be compensated at an
hourly rate not to exceed $85, and shall keep an itemized record
of work performed for COUNTY, submitting a bill therefor showing
services performed.
7 . It is expressly understood and agreed that ATTORNEYS
will not provide and have not in the past provided advice and
counsel to the Orange County Sheriff 's Department in its
investigation and prosecution of criminal actions . The Sheriff's
4
Department is entitled to and provided advice and counsel
concerning such matters from the district attorney of the
judicial district wherein Orange County lies as provided in North
Carolina General Statutes § 7A-61.
IN WITNESS WHEREOF, COUNTY and ATTORNEYS have hereunto
signed this agreement in duplicate originals, one of which is
retained by each party hereto and either of which is sufficient
as the original.
This the / day of ` , 1993.
0',." GE 'OUNTY, NORTH CAROLINA
B ' ` -
Moses Carey, Jr. , Chair 1
Orange County Board of/
Commissioners
ATTEST:
I::/ r
Beverly !' the
Clerk to the Board of Commissioners
of Orange County
(SEAL)
COLEMAN, GLEDHILL & HARGRAVE, P.C.
/ /
B Y:
-offs' , . G,ledhill
This instrument has been preaudited in the manner required
by the Local Government Budget and Fiscal Control Act.
.f
Kenneth T. Chavious
Orange County Finance Officer
5
/W-
STATE OF NORTH CAROLINA ) CONTRACT OF EMPLOYMENT
COUNTY OF ORANGE )
THIS CONTRACT made and entered into this the 1st day of July,
1993, 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, 1993 and unless sooner
terminated by 30 days ' notice of either party shall exist and
continue through June 30, 1994.
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
1
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 Sixty and No/100 Dollars ($60 .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
2
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, eLEDHILL & HARGRAVE, P.C.
By 4
o ff%'ey
E. /Gledhi 1
ORANGE CSUN! Y, NORTH CAROLINA
By: • /
Moses Carey, Jr. , Cha ,
ATTE
a-
7
everly A. 4lythe
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
3