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HomeMy WebLinkAboutAgenda - 05-26-2005-4ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 26, 2Q05 Action Agen~ Item No. SUBJECT: County Attorney Transition Plans and Contract Approval DEPARTMENT: Purchasing and Central PUBLIC HEARING: (Y/N) No Services ATTACHMENT(S): INFORMATION CONTACT: Pam .)ones (919) 245-2652 Contract Geoffrey Gledhill (919) 732-2196 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider approving a contract with the law firm of Coleman, Gledhill, Hargrave & Peek far legal services to the County. BACKGROUND: The county attorney function has been performed by Geoffrey Gledhill and other members of the firm of Coleman, Gledhill, Hargrave & Peek and its predecessors since the Fall of 1975, Periodically the contract between the County and Coleman, Gledhill, Hargrave & Peek and its predecessors is updated to conform with changing conditions. The contract calls far the following services; • performing legal services and rendering advice to the County on such occasions as may be required to properly and adequately represent the County; • attend all County Commissioner meetings, work sessions, public hearings, generally excepting btadget work sessions; • attend staff "agenda review" meetings to review agendas for the preparation of the County Commissioner meetings; • attend any other Board meeting when requested by the Board of Commissioners; • provide legal advice to the County Commissioners and County departments as appropriate; • prepare and revise from time to time contracts, policies, regulations and ordinances of the County; • handle County litigation except those matters handled by contract with the North Carolina Association of County Commissioners Risk Pool, For these services, the contract provides that the firm will receive compensation as follows: • $4,000 per month for attending meetings of the Board of Commissioners, staff meetings to review agendas for the Board of Commissioner meetings and attending conferences of the North Carolina Association of County Attorneys which conferences include work programs in areas of legal significance to North Carolina counties and any other relevant conferences, workshops or continuing legal education programs related to legal and policy issues affecting North Carolina counties; $125 per hour to perform all other legal services for Orange County; fees paid to the attorneys will increase by any cost-of-living increase, in-range salary increase and any other general salary increase that is calculated as a percentage of salary granted to permanent County employees that is effective on or after July 1, 2006. This contract will be effective far legal services performed commencing July 16, 2005. FINANCIAL IMPACT: Funds to support legal services are budgeted in the Central Services budget. It is anticipated that this fee contract will increase the County's average legal services budget for the past 3 years by approximately $100,000. RECOMMENDATION(S): The Manager recommends that the Board approve the contract for legal services with the firm of Coleman, Gledhill, Hargrave & Peek and authorize the Chair to sign the contract on behalf of Orange County. 3 STATE OF NORTH CAROLINA COUNTY OF ORANGE CONTRACT THIS CONTRACT, made and entered into this the day of June, 2005, by and between ORANGE COUNTY, NORTH CAROLINA, a body politic and corporate of the State of North Carolina, whose mailing address is Post Office Box 8181, Hillsborough, North Carolina 27278, hereinafter referred to as COUNTY, and COLEMAN, GLEDHILL, HARGRAVE & PEEK, P.C „ a North Carolina professional corporation, whose mailing address is Post Office Drawer 1529, Hillsborough, North Carolina 27278, hereinafter referred to as ATTORNEYS: W I T N E S S E T H: WHEREAS, it is the desire of COCINTY and ATTORNEYS to enter into an agreement of employment for the performance by ATTORNEYS of such legal services that shall be required from time to time to properly and adequately represent COUNTY, NOW, THEREFORE, for and in consideration of the mutual terms and agreements hereinafter set forth, COUNTY and ATTORNEYS do agree, each with the other, as follows: 1. ATTORNEYS shall perform legal services and render advice to COUNTY on such occasions as may be required to properly and adequately represent COUNTY. 2. RETAINER SERVICES. The following services shall be performed by ATTORNEYS for a monthly retainer fee of $4,000: a, Attending all meetings and hearings of the Board of County Commissioners except those scheduled work sessions related to the annual county budget adoption process. 1 b, Attending County administrative staff meetings regularly scheduled to review the agenda in preparation for Board of Commissioner meetings. c, Attending any other Board meetings when requested by the Board of Commissioners, d. Attending conferences of the North Carolina Association of County Attorneys sponsored by the North Carolina Association of County Commissioners, which conferences include work programs in areas of legal significance to North Carolina counties (typically held semiannually) and any other relevant conferences, workshops or continuing legal education programs related to legal and policy issues affecting North Carolina counties as determined by ATTORNEYS or as requested by COUNTY. e. Foregoing representation of any party whose claim is adverse to, who seeks approval from or whose dispute is with COUNTY,, any COUNTY board or agency. The retainer fee shall be payable to ATTORNEYS on September 1, 2005 and on the first day of each month thereafter so long as ATTORNEYS provide legal services to COiJNTY or until this agreement is modified by the parties. The statement and invoice for retainer services payable on September 1, 2005 shall include retainer services performed from July 16, 2005 through August 15, 2005. The statement and invoice for retainer services thereafter shall include retainer services from the 16th of the month through the 15th of the next month. The retainer fee shall 2 5 increase by any cost-of-living increase, In-Range Salary increase and any other general salary increase that is calculated as a percentage of salary granted to permanent County employees that is effective on or after July 1, 2006, 3. ATTORNEYS shall provide COUNTY with all legal services other than those provided as retainer services at an hourly rate of $125, The fee for hourly services shall be payable to ATTORNEYS and the hours of service accounted for by ATTORNEYS as follows: a. The amount equal to the hours billed at the rate of $125 per hour on September 1, 2005 and on the first day of each month thereafter so long as ATTORNEYS provide legal services to COUNTY or until this agreement is modified by the parties. The hourly rate shall increase by any cost-of-living increase, In-Range Salary increase and any other general salary increase that is calculated as a percentage of salary granted to permanent County employees that is effective on or after July 1, 2006. b. ATTORNEYS shall itemize the work done by them and the time devoted by them to hourly services on a monthly statement and invoice. The statement and invoice payable on September 1, 2005 shall include billable hours from July 16, 2005 through August 15, 2005. Monthly statements thereafter shall include billable hours from the 16th of the next month through the 15th of the following month and so on. 3 4, A11 expenses and costs incurred as a result of ATTORNEYS' representation of COUNTY shall be paid by COUNTY, Any expenses and costs advanced by ATTORNEYS on behalf of COUNTY shall be reimbursed by COUNTY. 5. Recognizing that from time to time representation of COUNTY may require the services of an attorney other than ATTORNEYS or may result in a conflict of interest for ATTORNEYS, it is agreed that when such an event arises, ATTORNEYS may refer cases requiring legal services to other lawyers, preferably those living and with offices located in Orange County, Such referrals shall be with the consent and approval of the County Manager. All cases of referral for which the attorney to which tie case is referred shall be compensated, with respect to real estate title work, at prevailing rates and, with respect to all other matters at an hourly rate not exceeding $150. Employment of an attorney at an hourly rate exceeding $150 shall be with the consent and approval of the Board of Commissioners of COT7NTY. The attorney to which the case is referred shall keep an itemized record of work performed for COUNTY, submitting a bill to COUNTY therefor showing services performed, 6. It is expressly understood and agreed that ATTORNEYS will not. provide and have not in the past provided advice and counsel to the Orange County Sheriff's Department in its investigation and prosecution of criminal actions, The Sheriff's Department is entitled to and is provided advice and counsel 4 7 concerning such matters from the district attorney of the judicial district wherein Orange County lies as provided in North Carolina General Statute ~ 7A-61. IN WITNESS WHEREOF, COUNTY and ATTORNEYS have hereunto signed this agreement in duplicate originals, one of which is retained by each party hereto and either of which is sufficient as the original, This the lst day of September, 2005, ORANGE COUNTY, NORTH CAROLINA By: Moses Carey, Jr., Chair Orange County Board of Commissioners ATTEST: Donna S. Baker Clerk to the Board of Commissioners (SEAL) of Orange County COLEMAN, GLEDHILL, HARGRAVE & PEEK, P,C. This instrument has been preauaitea in the manner required by the Local Government Budqet and Fiscal Control Act. Kenneth T, Chavious Orange County Finance Officer lsg:orangecounty\2005 contract between oc and cghp,.doc 5