HomeMy WebLinkAbout2017-425-E CS - John Loftin for representative when primary & secondary attorneys are conflicted DocuSign Envelope ID:4F521106-3273-4A89-BE2B-D8703BD81524
STATE OF NORTH CAROLINA )
CONTRACT OF EMPLOYMENT
COUNTY OF ORANGE
THIS CONTRACT made and entered into this the 1st day of September, 2017,
by and between Orange County, hereinafter County, and John Loftin, hereinafter
Attorney.
WITNESSETH:
THAT WHEREAS, the County desires to employ Attorney as its counselor at law
for the County of Orange upon the following terms:
1. This contract shall begin September 1, 2017 and unless sooner
terminated by 30 days' notice of either party shall exist and continue through June 30,
2018.
2. Attorney(s), upon reasonable notice, is (are) to be available for
consultation, legal advice and for representation as requested by Child Support
Services on all legal matters in which Leigh Peek, Attorney at Law, P.C. has a conflict
which precludes their representation of the County regarding 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. Hereinafter, John Loftin will be deemed the tertiary attorney for the County
in all Child Support matters in which the primary and secondary attorneys has a conflict
of interest and she does not. If both the primary and secondary attorney have a conflict
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DocuSign Envelope ID:4F521106-3273-4A89-BE2B-D8703BD81524
of interest, it is agreed that when such a conflict arises, the primary attorney(s) may
refer cases requiring legal services to other lawyers. 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 therefore 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. Attorney agrees 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 the program's
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 the services under this Contract, County agrees to pay Attorney(s)
One Hundred and No/100 Dollars ($100.00) per hour for each hour spent providing
legal services under the Child Support Services program. 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 Attorney under this
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DocuSign Envelope ID:4F521106-3273-4A89-BE2B-D8703BD81524
agreement. Court costs and filing fees advanced by Attorney on behalf of County shall
be reimbursed to Attorney.
7. The amount to be paid by the County for services rendered pursuant to
the terms of this contract shall not exceed $5,000.00.
8. Any notice required by this contract may be delivered via hand delivery or
United States Mail, First Class, as follows:
County: Attorney:
Janet Sparks John Loftin
P. O. Box 8181 117 North Churton Street
Hillsborough, NC 27278 Hillsborough, NC 27278
IN TESTIMONY WHEREOF, said parties have executed this Contract in
duplicate originals, one of which is to be retained by County, one of which is to be
retained by Attorney.
ORANGE COUNTY, NORTH CAROLINA
DocuSigned by:
By: bblabt,lt, ti-cumMU"S(LL 8/29/2017
nrile744arn me rs l ey
Orange County Manager
By: LDocuSigned by:
eAUA ( 0itA 8/23/2017
Jo n o in, Attorney
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DocuSign Envelope ID:4F521106-3273-4A89-BE2B-D8703BD81524
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c iRro ge�b"a's to form and legal sufficiency:
6 ln, rowy t s 8/29/2017
E Atl4 S.
John3o`berts, Orange County Attorney
This instrument has been preaudited in the manner required by the Local Government
Budget and Fiscal Control Act. oocus;gnedby.
E(1 0°"tea°°` 8/28/2017
Gary Donaldson
Orange County Chief Financial Officer
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DocuSign Envelope ID:4F5211 C6-3273-4A89-BE2B-D8703BD81524
LAWYERSLIABILITY INSURANCE 5020 Weston Parkway, Suite 200 919.677,8900 TEL
COMPANY OF Cary, North Carolina 27513 800.662.8843 10U.FREE
Post Office Box 1929 919.677,9641 FAX
� � NORTH CAROLINA Cary, North Carolina 27512-1929 wtivw.lawyersmutualnc.coru
• Declarations
LOFTIN AND LOFTIN PA Location:
PO Box 733 117 N Church St
Hillsborough, NC 27278 Hillsborough, NC 27278
Policy Number: 0015267-LPL-23
•
Policy Period: 08-01-2017 to 08-01-2018
12:01A.M.Standard Time at the address of the Named Insured stated herein.
•
Prior Acts Date of February 1, 1977
Named Insured:
Limits of Liability: A. $1,000,000 A. Applicable to any claim or one or more related
claims.
B. $1,000,000 B. Aggregate limit of the Company's liability for all
damages and claims expenses without regardto the
number of Insureds, Extended Reporting
Endorsements,claims,suits, or claimants.
Deductible: C. $2,500 C. See INSURI NG AGRE EMENT VI.Deductible and
(including claims expenses) Limit of Liability.
Premium: $5,541.00
Endorsement Attachments:
012 034
In witness whereof,Lawyers Mutual Liability insurance Company of North Carolina has caused this Policy to be signed by its President and Secretary and
countersigned by a duly authorized agent of the Company.
Secretary
67°"6
sent
Authrarirzul
Lawyers Professional Liability Policy (This is a Claims-Made and Reported Policy.Defense costs are a part of the
Policy Limits and reduce the amount available to pay losses.You should read your Policy for a complete
understanding of its Terms, Conditions&Coverages).
(08/01/2015.2) • PolicyForm