HomeMy WebLinkAboutAgenda - 08-17-1993 - III-C 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. Mare.
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 17, 1993
SUBJECT: Memorandum Renewal with North State Legal Services
DEPARTMENT: Aging PUBLIC HEARING YES: NO: X
ATTACHMENT(S) : INFORMATION CONTACT: Jerry Passmore
Memorandum of Agreement
TELEPHONE NUMBER-
Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
extension 2000
PURPOSE:
To request approval to renew Memorandum of Agreement with North State
Legal Services for the provision of legal counseling and assistance
for Orange County residents sixty years and older who exceed North
State's income eligibility guidelines but who cannot afford to seek
legal services from the private sector.
BACKGROUND:
The Older Americans Act, whose funds are distributed to this County
through contract with Triangle J Council of Governments, requires that
a percentage of those funds be used to provide legal services. The
required expenditure in Orange County, as proposed for the FY 94
contract, is $1,539. The Department on Aging has already budgeted the
$171 of required local match. North State Legal Services has agreed to
provide the service at a rate of $25 per service unit hour. This will
be the fifth year of such a working agreement between the Department and
North
State.
RECOMMENDATION(S) :
Manager recommends approval and requests Chair to sign Memorandum.
FN:ABS93#03.DOC
2
MEMORANDUM OF AGREEMENT
THIS AGREEMENT is entered into this first day of July,
1993 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, 1993 to June
30, 1994 .
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
P y 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.
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 Council of Governments.
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 contract entered into by OCDOA
and the Triangle J Council of Governments. To that end,
those terms contained in the above-mentioned contract
are specifically included in this Agreement and incor-
porated 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.
7 . At regular intervals, the parties to the Agreement will
discuss the service provided under the Agreement to
correct problems and make necessary adjustments .
IN WITNESS THEREOF, NSLS and OCDOA have executed this
agreement of the date first written above.
Oran County Gov- nment North State Leg 1 Services le(
, gyp,
t�# / By "fir,91c
Chair or Designated 0 /cia1 Chair or Designated fficial
Date didf �, 5 //" 3 Date 1101 ) 1 176
5
Attachment 1
North Carolina Division of Aging
Legal Services •• Policies and Procedures
Effective Date - July 1, 1992
,..�.._�__. LEGAL SERVICES
I . Statement of Philosophy and Purpose
Legal Services are intended to protect and secure the
rights, benefits and entitlements of older persons.
II . Legal blase
Older Americans Act of 1965 as Amended: 42 U. S .C. 3001;
(Public Law 100-175, Sections : 306( a) (2 ) (C) ;
307(a) ( 15 ) ; 321 ( a) (6) )
45 CFR, Section 1321 . 73.
G. S. 1438--181 , 1(c)
III . Target Population
The target population consists of older adults with
greatest economic or social need, who require legal
assistance to protect their rights, benefits and
entitlements.
IV. Definition of Service
Legal Services provide older people with information on
their legal rights, legal advice, legal benefits,
entitlements, and/or appeals when referral to a human
service agency or a pro bond service is inappropriate,
and preventive measures such as community
education,
V. Description of Legal. Services
Legal Services shall be provided by direct contract with
an attorney or legal service corporation or by services
contracted to a multidisciplinary agency and then
subcontracted to an attorney.
A. Direct Contracting
• Services provided by direct contract with an
attorney or legal service corporation shall include
the following:
1 . evaluation of the client' s need for legal
services;
2 , referral of clients to a private attorney for •
services prohibited under contract or to a
social service agency as appropriate;
3 . assistance for clients through imparting
advice in such areas as public benefits,
•
6
North Carolina Division of Aging , E .
Legal Services -- Policies and Procedures
Effective Date -- July 1, 1992 •
•
LEGRL, SER�ICS
tenant ,;consumer and household matters ( list '
is not exclusive);
. 4, representation. forclients• in' above matters
through:;telephone..cal,l s, . letters, meetings,
production of appropriate documents' and
• litigation ( litigation is optional but S
encouraged) ;
5. , responsibility of2roviding infgrm_ation and
communes-Edu' a ion? pz�"p're�eiitive legal
management of personal affairs; and
6. the establishment of contract with private bar
and/or legal services to coordinate services
to older persons.
• B. Subcontracting
Services contracted to a multidisciplinary agency
and then ..subcontracted to an attorney shall include
the following: .
•
1. the selection of a legal service provider and
execution of the contract requiring the
service activities "1" through "6" as •
described in the direct contracting option
• . above
: 2 . referral .of . clients to a ' subcontractor, to a
private , attorney for services prohibited under
. contract; or to a social service agency as
•, appropriate;
3 . the monitoring of subcont.ra te;
4, the?acilita on of community action; and
'5. the establishment of contact with private bar
and legal services to encourage expansion of
• legal, services, to older adults on a pro Bono
or reduced fee basis.
VI. . Client Eligibility
Clients eligible for services must be 60' years of age or
older and live at home, at a congregate setting or at a
residential health and group care facility. Eligible
� clienta maybe referred by self, family, friends, or a
human service agency,
VII. f Service ProvisionkP . ,
, A. ' Sdryive Delivery
.1 4• . ,
. Serviceeshall. be provided at the contractor' s
office,, in the,.client' s home, if necessary, at
. congregate, settings based on a comprehensive
schedule and at residential health and group care
2
•
7
North Carolina Division of Aging
Legal Services - Policies and Procedures
Effective Date - July 1 , 1992
_----.-,L8CAL SERVICES
t facilities , Individuals may be referred by self,
family, friends, or human service agencies , Each
client must have written case priorities and a
written case file must be maintained ,
B. Administrative Requirement
Each legal service provider that is not a Legal
Services Corporation grantee must agree to •
coordinate its services with Legal Services
Corporation grantees in order to concentrate legal
services funded under this part on older adults
• with the greatest economic or social need who are
not eligible for services under the Legal Services
Corporation Act. In carrying out this requirement,
legal services providers may_not use a means test
or require older adults to apply first for ser�ces
through a Legal Services Corporation grantee.
All contracts with legal services providers should
state that the contract should in no way be
interpreted to conflict with the Older Americans
Act of 1955, as amended, its regulations or the
North Carolina Code of Professional Ethics.
Providers will work with other advocacy efforts of
the aging network such as the community service
advisor program and the nursing and domiciliary
home and community advisory committees.
Funds will be awarded to the agencies that most
fully meet the following criteria:
1. . Have the staff with expertise in specific
areas of law affecting older persons in
economic or social need (e. g. public benefits,
institutionalization and alternatives to
institutionalization) ;
2 . Demonstrate the capacity to provide legal
services to institutionalized, isolated, and
homebound older individuals effectively;
3 . Demonstrate the capacity to provide legal
assistance in the principal language spoken by
clients in areas where a significant number of
clients do not speak English as their
principal language;
4. Demonstrate the capacity to provide effective
administrative and judicial representation in
the areas of law affecting older persons with
economic or social need;
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North Carolina Division of Aging •
Legal Services - policies and Procedures
Effective Date - July 1, 1992 •
[,EGAL SERVICES �.._.., _.
5 , Demonstrate the • capacity to provide support to
other advocacy efforts, for example, the
• long-term, ombudsman program; and
6. If engaging in other legal activities,
provides assurance that there is no ' confliet
of interest, nor other interference with their
professional responsibilities.
•
C. prohibited Activities
it is the. responsibility of the provider to;
1. iEnsure that, no employee and no staff attorney
of. the . provider at any time :
a. • Uses official authority or influence for
. the purpose of interfering with or
affecting the results of an election or
nomination for office, whether partisan
or nonpartisan;
b. Directly or indirectly coerces, attempts
. • to, coerce,. command or advise an employee
of any provider to pay, lend, or
contribute anything of value to a
political party, committee, organization,
• ' agency or person for political purposes,
2 . •, Ensure+' that .legal services are not provided in
fee-generating cases, • as defined in 45 CSR
1321. 71(g) (1) , unless adequate representation
is: unavailable or. there. is an emergency
requiring. immediate legal action. ,A11'
providers shall establish procedures for the
referral of, fee generating cases. ;
. insure.3'. .that no employee and no staff attorney
of. the provider shall directly or indirectly
engage in activities intended to influence the •
passage or defeat of any legislation by the
Congress of the United States or by any State
• or local legislative body or State proposals
. by initiative petition except where:
- a. . Representation by .a provider for a client
is necessary with respect to such
client' s rights and responsibilities
. (except that no employee shall solicit a
• client in violation of professional
•
responsibilities for the purpose of
making such representation possible) ; or
•
4 •
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08/02/93 11 : 10 a 919 549 9390 TJCOG P. 02
North Carolina Division of Aging
Legal Services - Policies and Procedures
Effective Date - July 1, 1992
LEGAL rSERV I.CES - _ ^_-
b, A governmental agency, legislative body,
committee or member thereof requests the
provider to testify, draft or review
measures or to make representations to
such agency, body, committee or member,
or is considering a measure directly
affecting the activities of a provider
under Title III .
4, Ensure that while engaged in legal, assistance
activities supported under the Act, no
attorney shall engage in any prohibited
political activity as specified in 45 CFR
1321 . 71(h) .
•
5 . Ensure that, while providing legal services,
no employee and no staff attorney of the
provider enlyauftg .tn_DILencourages others to _
engage in public demonstrations, picketing,
boycotts or strike, except as permitted by law
in connection with the employee' s own
employment situation or any illegal activities
as defined in 45 CFR 1321 . 71(j ) .
6. Ensure that no funds available under the Act
shall be used for lobbying activities,
including but not limited to any activities
intended to influence any decision or activity
by any nonjudicial Federal, State or local
individual or body, Nothing in this standard
prohibits and employee from:
a. Communicating with a governmental agency
for the purpose of obtaining information
of an agency' s rules, regulations, etc .
b. Informing a client about a new or
proposed statute, executive order, or
administrative regulation;_
c
Responding to an individual' s request for
p g
advice only with respect to the client' s
own communications to officials;
c . Responding to the request of a public
official or body for testimony, legal
advice
or other statements on legislation
or other issues related to aging; and
d. Communicate with an elected official for
the sole purpose of bringing a client' s
legal problem to the attention of that
official.
(1m6% 7. A legal service provider may not require an
older person to disclose information about
5
e9/ 12/93 11 : 11 a 919 549 9396 TJOOG F, 03
10
North Carolina Division of Aging
Legal Services - Policies and Procedures
Effective Date July 1, 1992
LEGAL pERVICFS_
incomecor. resources as a condition for
providing legal services under Title III , A
, legal service provider may, however, ask about
the, person' s financial circumstances as a part
, of the process of providing legal advice,
• counseling and representation, or for the
. purpose of. identifying additional resources
and benefits for which an older adult may be
eligible.
S, . Cannot provide aertsistance in criminal matters.
. 9 . Na, conflict of interest exists in the
representation of participants in public
benefit cases.
10.. Eneure: that none of the funds made available
under , t:he . Act may be used to pay dues
exceeding $104 per recipient per annum to any
organization (other than a bar association) , a
'purpose or function of which is to engage in
activities prohibited under these regulations
, unless such dues are not used to engage in
activities for which Older Americans Act funds
cannot be used directly. •
•DR yoluntary Contributions ;
. In . accordance With the requirements of the Older
. Americans Act; agencies must provide all
individuals receiving Legal• services administered
by the Division of Aging with the opportunity o
contribute . to, thee Goat of service. Agencilis muai
e ablish written pnic1ei..-irla pzoceduireg governing
the col"lection of Iuntas-y-.contri6 ioi ss` (Program
VIII . Staffing Qualifications
A. Legal Services must be provided by a 'licensed
attorney., Staffing may include, but is not limited
to, a component-involving advice or representation
by;
1. a paralegal under the supervision of an
attorney; ) , I
' .? 2 .1 , , a third year . law student under the supervision
) of attorney; or
3 . a non-lawyer, under supervision of an attorney
in administrative public benefits problem.
•
•
6
•
ATTACHMENT 2 11
ORANGE COUNTY DEPARTMENT ON AGING
K 1 3(X) West Tryon Street • Post Office l3ox 1$1
Hillshorough, NC 27278
.to o\
FAN: 919-644-3005
Jerry 51. Passmorc
Director
Dear Service Recipient:
The Orange County Department on Aging is pleased to have
provided you a service.. The Department is a part of Orange
County Government . Its purpose is to provide information,
services and programs to improve the quality of life for
persons 60 and older.
Services offered through the Department on Aging include the
following:
Senior Center Activities
Transportation
Care Management
Senior Tarheel Card Distribution
Volunteer Opportunities
Information and Referral
There are no fees charged for any of these services .
However, donations are welcomed and the money received is
used to help serve others .
Donations can be mailed to:
Orange County Department on Aging
P 0 Box 8181
Hillsborough, NC 27278
If we can be of assistance, please contact us . Thank you.
Sincerely,
Jerry M. Passmore
Department Director
732-9361 • Hillsborough 967-9251 • Chapel Hill 688-7333 • Durham 227-2032 • Mebane
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•
Attachment 3
MONTHLY STATISTICAL REPORT
INSTRUCTIONS
Monthly statistical reports are required by the Division of
Aging to document all Title III-funded services. For most
services, providers are required to submit the name and
social security number of each recipient. However, due to
lawyer/client confidentiality, that requirement is waived for
the provision of legal services.
In completing the form provided the legal service provider
should assign each case an anonymous code, not to exceed nine
digits or characters . This code should be listed in the.
social security number column of the report form.
The number of units of service should be recorded on the day
provided. Units are to be totaled per person and per day.
Reimbursement will be made based on the total units of
service recorded for the month. The form must be signed and
dated. Please submit the original form to the Department on
Aging no later than the third working day of the following
month.
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