HomeMy WebLinkAboutAgenda - 06-27-2006-5fORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: .lone 27, 2006
Action Agenda
Item No. 5-f _
SUBJECT: Contract Renewal with Northen Blue for DSS Legal Services
DEPARTMENT: Social Services
PUBLIC HEARING: (YIN) No
ATTACHMENT(S):
Renewal Contract
INFORMATION CONTACT:
Nancy Coston, 245-2802
PURPOSE: To renew a contract for Fiscal Year 2006-2007 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.
She 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 far 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 renew the contract with Northen Blue at the rate of $150 per hour. (Additional
casts for expert witnesses are also reimbursed through this contract.) This is an increase in the
previous $110 hourly rate, but this amount is justified due to the specialized 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 managing 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 $135,000 will be spent on legal fees
during next year's budget. Approximately half of this cost will be paid by state and federal
revenues.
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RECOMMENDATION(S): The Manager recommends that the Board accept the Social
Services Board recommendation to approve the renewal contract for legal representation with
Northen Blue, LLP, for Fiscal Year 2006-2007 and authorize the Chair to sign.
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STATE OF NORTH CAROLINA
COUNTY OF ORANGE
THIS AGREEMENT, made and entered into this 15L day of July, 2006 by and between
Carol J. Holcomb, Attorney At Law, now a partner with Northen Blue, L,L.P., Orange County,
North Carolina, a partnership organized under the laws of the State of North Carolina engaging
in the practice of law, hereinafter referred to as ATTORNEY, and ORANGE COUNTY,
hereinafter referred to as the COUNTY:
WITNESSETH:
WHEREAS, the Orange County Department of Social Services, hereinafter referred to
as the DEPARTMENT, has need of special legal services, not otherwise provided by County
Government agencies, in connection with its services to needy and dependent persons in
Orange County, the administration of its functions under the provisions of Article 44, Chapter
7B and Article 6, Chapter 108A of the General Statutes of North Carolina and other laws of
the State, and representation of the DEPARTMENT, its caseworkers and employees before the
various courts and agencies of the State of North Carolina; and
WHEREAS, it is the desire of the COUNTY, and ATTORNEY to enter into a
contract, one with the other, for the purposes and considerations as set forth herein for a
period of July 1, 2006 through June 30, 2007,
NOW THEREFORE, in consideration of the premises and mutual terms and
agreements hereinafter set forth, the COUNTY and ATTORNEY do contract, each with the
other, as follows:
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i. That ATTORNEY shall perform such services and render such advice to the
DEPARTMENT on such occasions as shall be required by the Director of the
DEPARTMENT and with the approval of said Director, employees and caseworkers, shall
require the services of ATTORNEY,
2, That ATTORNEY shall be compensated for all services rendered in connection with
Paragraph i above based on an hourly rate for services performed, such hours and amounts to
be furnished to the County Finance Officer or his designate for payment. The hourly rate
shall be One Hundred Fifty Dollars ($150.00) per hour from July 1, 2006 through June 30,
2007.
The ATTORNEY shall also be compensated at the hourly rate as set forth above for
attendance at programs, meetings and seminars relating to Social Services law, and for any
training provided to the Department's employees, and shall be reimbursed for lodging and
transportation necessary for attendance at those programs, meetings, seminars, and
presentations.
The ATTORNEY shall also be compensated for and reimbursed for the services of
clerks and legal assistants hired by them to assist them in the performance of their duties to the
DEPARTMENT, and the cost of faxing, telephone, copying, and postal expenses at a flat rate
of Five Hundred Dollars ($500,00) per month. Costs and expenses advanced by ATTORNEY
on behalf of COUNTY shall be reimbursed to ATTORNEY.
3, That ATTORNEY shall keep an itemized record of work performed f'or the
DEPARTMENT on a case-by-case basis and shall submit its bill therefore showing a
breakdown of those services performed and the cost,
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4, That this Contract shall exist and continue from July 1, 2006 through and including
June 30, 2007 unless sooner terminated by thirty (30) days written notice to the other party,
IN WITNESS WHEREOF, the COUNTY and ATTORNEY have hereunto signed this
Contract in duplicate originals, one of which is retained by each party hereto and either of
which is sufficient as the original,
BY:
ATTEST:
ORANGE COUNTY, NORTH CAROLINA
Chair, Orange County Board of Cornrnissioners
Clerk of the Orange County Board of Commissioners
NORTHEN BLUE, L.L.P.
BY: C~b~
C~ OLCO B
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
KENNETH CHAVIOUS
Orange County Finance Officer
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