HomeMy WebLinkAboutAgenda - 06-12-2007-4tORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 12, 2007
Action Agenda
Item No. _ ---~-~_
SUBJECT: Renewal of Contract with Northen Blue for DSS Legal Services
DEPARTMENT: Social Services PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Nancy Coston, 245-2800
Contract with Limited Attachments
See Agenda Item 4-m to Reference
Other Standardized Contract
Attachment Forms Not Included Here
PURPOSE: To consider approval of the Fiscal Year 2007-2008 contract for legal representation
for the Department of Social Services.
BACKGROUND: The Department of Social Services (DSS). requires extensive legal
representation particularly related to child welfare cases. All actions related to agency custody
of children, protection orders, adoptions, adult protective service orders and guardianships
require court hearings. There is an increased emphasis on assuring that all child welfare cases
are handled as quickly as possible to assure that children live with permanent safe families.
The law firm of Northen Blue, LLP, has provided legal representation for Social Services since
1979. Carol Holcomb of that firm has provided consultation and representation for children and
adult services at Social Services for over 10 years. Ms. Holcomb has comprehensive
knowledge of juvenile law and Guardianship proceedings and litigates court hearings with skill.
Ms. Holcomb remains on-call after hours to assist staff when the agency must assume
emergency custody of children at night and on weekends. Her knowledge is valued by the DSS
social work staff, the Guardian ad Litem office and the courts.
Social Services files petitions with the court for custody of an average of five.children per month
and participates in all court reviews for children in custody. There are additional court actions
necessary to terminate parental rights and pursue adoption, to handle adult guardianship cases,
and to handle the increasing numbers of appeals of child welfare court actions.
The Social Services Board has reviewed this contract and recommends that the Board of
Commissioners the contract with Northen Blue at the rate of $165 pe'r hour. Additional costs for
expert witnesses are also reimbursed through this contract. This is an increase in the hourly
rate, but this amount is justified due to the spe_ cialized expertise of this attorney and her
outstanding reputation with the court system. An attorney with less expertise would potentially
bill for more hours due to the need to do more research and may also have trouble handling the
increasing number of cases that are appealed. The outcomes of these cases are extremely
important as children's adoptions and permanent placements are often in jeopardy during the
appeals.
FINANCIAL IMPACT: Social Services estimates that $141,000 will be spent on legal fees
during next year's budget. Approximately half of this cost will be paid by state and federal
revenues.
RECOMMENDATION(S): The Manager recommends that the Board accept the Social
Services Board recommendation and approve the. contract renewal for legal representation with
Northen Blue, LAP, for Fiscal Year 2007-2008 and authorize the Chair to sign the contract.
Contract #68-2001
Northen Blue
Contract # 68-2001 Fiscal Year Begins_Julyl, 2007 Ends June 30, 2008
This contract is hereby entered into by and between the Orange County Department of Social Services (the
"County") and Northen Blue (the "Contractor") (referred to collectively as the "Parties"). The Contractor's federal
tax identification number or Social Security Number is
1. Contract Documents: This Contract consists of the following documents
(1) This contract
(2) The General Terms and Conditions (Attachment A)
(3) The Scope of Work, description of services, and rate (Attachment B)
(4) Federal Certification Regarding Drug-Free Workplace (Attachment C)
(5) Conflict of Interest (Attachment D)
(6) No Overdue Taxes (Attachment E)
(7) Federal Certification Regarding Lobbying (Attachment G)
(8) Federal Certification Regarding Debarment (Attachment H)
(9) Outcomes and Reporting (Attachment N)
These documents constitute the entire agreement between the Parties and supersede all prior oral or written
statements or agreements.
2. Precedence Among Contract Documents: In the event of a conflict between or among the terms of the
Contract Documents, the terms in the Contract Document with the highest relative precedence shall prevail. The
order of precedence shall be the order of documents as listed in Paragraph 1, above, with the first-listed
document having the highest precedence and the last-listed document having the lowest precedence. If there are
multiple Contract Amendments, the most recent amendment shall have the highest precedence and the oldest
amendment shall have the lowest precedence.
3. Effective Period: This contract shall be effective on July 1, 2007 and shall terminate on June 30, 2008.
This contract must be twelve months or less.
4. Contractor's Duties: The Contractor shall provide the services and in accordance with the approved rate as
described in Attachment B, Scope of Work, and shall meet the requirements set forth in Attachment N,
Outcomes and Reporting.
5. County's Duties: The County shall pay the Contractor in the manner and in the amounts specified in the
Contract Documents. The total amount paid by the County to the Contractor under this contract shall not exceed
$141,000. This amount consists of $141,000 in Federal, State and County funds (CFDA # ), $0
(source of other funds if applicable).
[X] a. There are no matching requirements from the Contractor.
[ ] b. The Contractor's matching requirement is $ ,which shall consist of:
[ ] In-kind [ ]Cash
[ ]Cash and In-kind [ ]Cash and/or In-kind
The contributions from the Contractor shall be sourced from non-federal funds.
The total contract amount including any Contractor match shall not exceed $141,000.
Contract-General (06/041 Paee 1 of 3
Contract #68-2001
Northen Blue
6. Reporting Requirements:
Contractor shall comply with audit requirements as described in N.C.G.S. § 143-6.2 and OMB Circular A-133.
7. Payment Provisions:
Payment shall be made in accordance with the Contract Documents as described in the Scope of Work,
Attachment B.
S. Contract Administrators: All notices permitted or required to be given by one Party to the other and all
questions about the contract from one Party to the other shall be addressed and delivered to the other Party's
Contract Administrator. The name, post office address, street address, telephone number, fax number, and
email address of the Parties' respective initial Contract Administrators are set out below. Either Party may
change the name, post office address, street address, telephone number, fax number, or email address of its
Contract Administrator by giving timely written notice to the other Party.
For the County:
IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS
Denise Shaffer, Social Work Program Director Denise Shaffer, Social Work Program Director
Orange County Department of Social Services Orange County Department of Social Services
P.O. Box 8181 2501 Homestead Road
Hillsborough, NC 27278 Chapel Hill, NC 27516
(919) 968-2000 ext. 246
(919) 968-2012
dshaffer co.oran e.nc.us
For the Contractor:
IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS
Carol Holcomb Carol Holcomb
Northen Blue Northen Blue
P.O. Box 2208 1414 Raleigh Road, Suite 435
Chapel Hill, NC 27515-2208 Chapel Hill, NC 27515
(919) 968-4441
Contract-General (06/041 Paee Z of 3
Contract #68-2001
Northen Blue
9. Signature V6~arranty:
The undersigned represent and warrant that they are authorized to bind their principals to the terms of this
agreement.
The Contractor and the County have executed this contract in duplicate originals, with one original being retained
by each party.
CAROL HOLCOMB, NORTHEN BLUE
Signature Date
Printed Name
ORANGE COUNTY Title
Signature Date
Printed Name Title
Signature Date
Printed Name Title
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control
Act.
Signature of County Finance Officer Date
Contract-General (06/041 Paee 3 of 3
Contract #68-2001
Northen Blue
ATTACHMENT B
SCOPE OF WORK
Orange County Department of Social Services
Federal Tax Id. or SSN
Contract # 68-2001
A. CONTRACTOR INFORMATION
1. Contractor Agency Name: Northen Blue
2. If d~erent from Contract Administrator Information. in General Contract:
Address
Telephone Number:
Fax Number:
Email:
3. Name of Program (s): Legal Services
4. Status: ( )Public ( )Private, Not for Profit (X) Private, For Profit
5. Contractor's Financial Reporting Year July 1, 2007 through June 30 2008
B. Explanation of Services to be provided and to whom (include SIS Service Code): _
The Contractor will provide legal consultation to agency staff re ag riling child welfare
issues and adult protective services cases. The Contractor will conduct court proceedings
and handle other legal matters on behalf of the County related to adoption, foster care,
adult protective services and child protective services. The Contractor is required to meet
all goals and outcomes listed in Attachment N.
C. Rate per unit of Service (define the unit):
1. If Standard Fixed Rate, Maximum Allowable, (See Rates for Services Chart)
2. Negotiated County Rate.
$165/hour
D. Number of units to be provided:
E. Details of Billing process and Time Frames; The County will reimburse the Contractor
for services described in this contract up to the budgetary limits of the contract allotment.
For reimbursement the Contractor must submit an original and two copies of an invoice
by the fifth of the month for the preceding month's expenditures to the designated County
Administrator. Expenditures for May and June must be estimated based on average
monthly expenditures year-to-date and reported by May 5, 2008. The County will
Contract-Scope of Work (06/04) Page lof 2
Contract #68-2001
Northen Blue
reimburse the Contractor monthly upon receipt of a complete and correctly filed report.
F. Area to be served/Delivery site(s): Orange Count~_
(Signature of County Authorized Person)
(Signature of Contractor)
(Date Submitted)
(Date Submitted)
Contract-Scope of Work (06/04) Page 2of 2
Contract #68-2001
Northen Blue
ATTACI3MENT N
OUTCOMES AND REPORTING
Orange County Department of Social Services
By signing and submitting this document, the Contractor certifies that it agrees to the following:
1. The Contractor agrees to participate in program, fiscal and administrative monitoring and/or
audits, making records and staff time available to Federal, State and County staff.
2. The Contractor agrees to take necessary steps for corrective action, as negotiated within a
corrective action plan, for any items found to be out of compliance with Federal, State, and County
laws, regulations, standards and/or terms of the Contract.
3. The Contractor agrees that continuation of and/or renewal of this Contract is contingent on
meeting the following requirements. The Contractor agrees to:
A. Assure that all court proceedings be conducted within the timeframes required by
General Statute.
B. Provide case consultation to Orange County Department of Social Services staff within
a reasonable timeframe so as to assure client safety and compliance with North Carolina
laws and regulations.
C. Assure that all court orders are prepared in a timely manner.
Signature Title
Agency/Organization Date
(Certification signature should be same as Contract signature.)
Outcomes (06/04) Page 1 of 1