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HomeMy WebLinkAbout2018-286-E Child Support - Deana Fleming legal servicesDocuSign Envelope ID: 4B3D484F- 7E87 -4B36- 9979- 476AADC3A626 STATE OF NORTH CAROLINA COUNTY OF ORANGE CONTRACT OF EMPLOYMENT THIS CONTRACT made and entered into this the 1st day of July, 2018, by and between Orange County, hereinafter County, and Deana K. Fleming, 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 July 1, 2018 and unless sooner terminated by 30 day's notice of either party shall exist and continue through June 30, 2019. 2. Attorney(s), upon reasonable notice, is (are) to be available for consultation, legal advice and for representation as requested by Child Support 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, Deana K. Fleming will be deemed the secondary attorney for the County in all Child Support matters in which the primary attorney has a conflict of interest and he does not. If both the primary and secondary attorney have a conflict 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 1 DocuSign Envelope ID: 4B3D484F- 7E87 -4B36- 9979- 476AADC3A626 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 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 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 $10,000.00. 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 Deana K. Fleming P. O. Box 8181 109 Conner Dr. Suite 208 Hillsborough, NC 27278 Chapel Hill, NC 27514 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 ocuSigned by: By. L�6,379946755E477... Orange County Manager DocuSigned by, By: C�5S2B1E7BO647B... — Deana K. Fleming, Attorney 2 DocuSign Envelope ID: 4B3D484F- 7E87 -4B36- 9979- 476AADC3A626 Approved as to form and lanai ci ifficlency: FcuSigned by: Wa Is John Roberts EAAM33ED8A240,5 Orange County Attorney This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Docusigned by: Gary Di 704E51S1ACC1409... Orange County Finance Officer 3 DocuSign Envelope ID: 4B3D484F- 7E87 -4B36- 9979- 476AADC3A626 AW �J[4 LIABILITY INSURANCE 5020 Weston parkway, Suite 200 MUTUAL �- �r COMPANY OF Cary, North Carolina 27513 M V 1 UAL NORTH CAROLINA Post ,Nora Box 1929 Cary, North Carolina 27512 -1924 Declarations STEPHENSON & FLEMING, LLP 109 Conner Drive Suite 208 Chapel Hill, NC 27514 Policy Number: 32855 - LPL -02 919.677.8900 TEL 800.662.8843 TOLL FREE 919.677.9641 Fax www.lawyersmutuainc.com Endorsement Effective: 07 -01 -2018 Policy Period: 01 -01 -2018 to 01 -01 -2019 12:01 A.M. Standard Time at the address of the Named Insured stated herein. Prior Acts Date of January 1, 2017 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. $5,000 C. See INSURING AGREEMENT VI. Deductible and (including claims expenses) Limit of Liability. Endorsement Attachments: 012 069 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 n Pre ident a A LLtllirri:wd AgPA 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 DocuSign Envelope ID: 4B3D484F- 7E87 -4B36- 9979- 476AADC3A626 �P�T]i LIABILITY INSURANCE 5020 Weston Parkway, Suite 200 L I COMPANY OF Cary, North Carolina 27513 Post Office Box 192 9 MUTUAL V AL NORTH CAROLINA Cary, North Carolina 27512 -1929 Insured Listing / Prior Acts Date Endorsement 919.677.8900 TEL 800.662.8843 TOLL FREE 919.677.9641 rAx www.lawyersmutualnc.com This Endorsement, effective 12:01 A.M. on July 1, 2018 forms a part of Policy No. 32855 - LPL -02 (the "Policy ") issued by LAWYERS MUTUAL LIABILITY INSURANCE COMPANY OF NORTH CAROLINA and applies to STEPHENSON & FLEMING, LLP (the "Named Insured "). It is hereby understood and agreed that as to each Insured listed below, this Policy shall not apply to such Insured's act(s) or omission(s), or series of related act(s) or omission(s), occuring or beginning prior to the date listed individually for each Insured below ( "Prior Acts Date "). All Policy provisions, terms, exclusions, and conditions, except as provided otherwise in this Endorsement, remain in full force and effect. Name ANGENETTE RENEE STEPHENSON Deana Fleming Schwatka Licensing State tate License or Other Number NC 32330 NC 27827 END #: 012 (08/01/2015) AttyListPALE Prior Acts Date 01 -01 -2017 09 -05 -2017 ALalwrezed Agpl - - -