HomeMy WebLinkAboutAgenda - 03-06-2001-8iORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 6, 2001
Action Agenda
Item No. Q~l -
_SUBJECT: Memorandum Renewal with North State Legal Services, , „_,.._.
DEPARTMENT: Aging PUBLIC HEARING: (Y/N) Na
ATTACHMENT(S):
Memorandum of Agreement
w/Attachments
INFORMATION CONTACT:
Jerry M. Passmore, ext 2000
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To request approval to renew the Memorandum of Agreement with North State
Legal Services, Inc. for the provision of legal counseling and assistance, as required by Title III
of the Older Americans Act.
BACKGROUND: The Older Americans Act requires that a small percentage of the annual
Orange County Title III allocation be spent to provide legal services for residents sixty years and
older who do not meet North State Legal Services' income eligibility guidelines. The required
expenditure for FY 2000-01 is $1,539 with a 10% local match. Matching funds were included in
the approved departmental budget. North State Legal Services, Inc. has agreed to provide the
service for $35 per hour. These funds will provide 49 hours of service averaging approximately
three hours per person. Thus, an estimated 16 older persons would be served. This will be the
twelfth year of subcontracting with North State Legal Services.
FINANCIAL IMPACT: The Older Americans Act funds designated fior this service require a
local match of $171 (10%) which is included in the FY 2000-01 operating budget for the
Community based Services division. No local match increase is necessary.
RECOMMENDATION(S): The Manager recommends that the Board approve the
Memorandum of Agreement with North State Legal Services and authorize Chair to sign the
Agreement for the provision of legal services to County residents sixty years and older.
MEMORANDUM OF AGREEMENT
2
THIS AGREEMENT is entered into this first day of July, 2000 between NORTH STATE
LEGAL SERVICES, INC., hereinafter referred to as NSLS, and ORANGE COUNTY on
behalf of the Department on Aging, hereinafter referred to as Orange County. The period
and duration of the Agreement shall be from July 1, 2000 to June 30, 2001.
WITNESSETH:
WHEREAS, Orange County desires to engage NSLS to render certain technical and
professional services hereinafter described in connection with an .undertaking which is
expected to be funded under Title III of the Older Americans Act: .
NOW THEREFORE, the parties hereto mutually agree as follows:
NSLS shall do, perform and cazry 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 49 hours of direct legal services to persons 60 years and older who aze
residents of Orange County, North Cazolina. 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, local 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
azeas:
- Preparation of wills, powers of attorney, contracts
- Prepazation of legal pleadings
-Food Stamps, Medicare, Medicaid and Social Security benefits
- Housing evictions and repair problems
- Age and handicap discrimination in employment and housing
- Adult abuse and nursing home problems
- San~Cruptcies
- Consumer and utility problems
- Consumer 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 West Corbin Street or at a community location
or an individual's home in Orange County.
2. Orange County will reimburse NSLS at a rate of $35.00 per service unit hour up to a
maximum of 49 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.
AGREEMENT
Page 2
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 and will agree to be
monitored. by Orange County for compliance annually.
4. NSLS will advise all clients served pursuant to this Agreement that they may make a
contribution toward the cost of the service. NSLS will use Attachment 2 as the case
closure letter sent to recipients of Title III-funded legal service.
S. NSLS agrees to provide monthly statistical reports with a cover invoice requesting
reimbursement to Orange County Department on Aging for submission to Triangle J
CoG Area Agency on Aging. The statistical report form to be used by NSLS and is
attached hereto as Attachment 3.
6. Nothing in this Agreement shall be construed so as to conflict with the primary grant
agreement between Triangle J CaG Area Agency on Aging and Orange County. To
that end, those terms contained in the above-mentioned contract are specifically
included in this Agreement and incorporated 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, insure compliance with Division of Aging
Services standards and this contract, and make necessary adjustments.
IN WITNESS THEREOF, NSLS and Orange County have executed this Agreement on
the date first written above.
ORANGE COUNTY NORTH STATE LEGAL SERVICES, INC.
By
Chair or Designated Official
Date
By
Chair or Designated Official
Date
Attachment 1 ~
North Carolina Division of Aging
Leger-1 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.
I I , Legal. Sase
OLder.Americans Act of 1965 as Amended: 42 U.S.C. 3001;
(Public Law 100-175, Sections: 306{a)(2)(C);
45 CFR, Section 1321.71
G.S. 143B-1$1.1(c)
xII. Target Population
The tar-get population consists aE older adults with
greatest economic or s_vcial 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 xeferral to a human
service agency or a pro bono 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 service s
contracted to a multidisciplinary agency and then
subcontracted to an attorney.
A. ~ Direct Contracti~
Services provided by direct contract with an
attorney or legal service corporation shall include
the following:.
1, evaluation of the client's need far legal
Services;
2, referral of clients to a private attorney far
services prohibited under contract err to a
social service agency as appropriate;
~_~ 3. assistance for clients through imparting,.
advice in such areas as public benefits,
5-
N~xth Carolina Division of Aging
Le_ga1, Services - Policies and Procedures
Effective Date - July 1, 1992
LEGAL SERVICES
tenant, consumer and household matters (list
.is not exclusive);
4, ~ representation for clients in above matters
through telephone calls, letters, meetings,
production of appropriate documents'and~
litigation (litigation is optional but
encouraged);
5. responsibility of providing information and
community education on preventive legal
management of personal affairs; and
6. the establishment o£ contract with private bar
and/or legal services to coordinate services
to alder persons.
S. Subcontracting
Services contracted to a multidisciplinary agency.
and then subcontracted to an 2tttorney shall include
the fallowing: _ -~
1. the selection of a legal service provider and
execution of the contract requiring the
,service activities "l" through "6" as
described in the direct contracting option
above;
. 2. referral of clients to a subcontractor, to a
private attorney far services prohibited under
_ contract ar to a social service agency as
appropriate;
3. the monitoring of subcontracts;
4. the facilitation of community action; and
S. 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. Eligibil~.ty
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
clients may be referred by self, :Family, friends, or a
human service agency.
VII. Service Provision
A. Service Delivery
Services shall be provided at the contractor's
office, in the client's home, if necessary, at
congregate settings based an a comprehensive
schedule and at residential health and group ca~e
6
North Catalina Division of Aging
Le~ga1 Services - Policies and Procedures
Effective Date - July 1, 1992
LEGAL SERVICES
:;~
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 Re4uir~r-ents .
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 an alder 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 services
through a Legal Services,Corporation grantee.
All contracts with legal services providers shou7.'d
state that the contract should i.n no way be
interpreted to conflict with the Dlder Americans
Act of 1965, as amended, its regulations or the
North Carolina Code of Professional Ethics.
Y ~ 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
F 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 s%gnificant number of
clients da not speak English as their
principal l ar~guage ;
4. Demonstrate the capacity to provide effective
administrative and judicial representation in
the areas of law affecting older persons with
•- economic or social need;
. '
North Carolina Division of Aging
Legal Services -Policies and Procedures
Effective Date - July 1, 1992
LEGAL SERVICES '
S. Demonstrate the capacity tv provide support to
.othher advocacy efforts, for example, the
long--term ombudsman program; and
6. Yf engaging in other legal activities,
provides assurance that there is no'conflict
of interest nor other interference with their
professional responsibilities.
C. Prohibited Activities
It is the responsibility of the provider to:
1. Ensure that no employee and no staff attorney
of the provider at any time:
a. Uses official authority or influence for
the purpose of inter€ering with or
affecting the results of an election or
nomination far office, wY~ether partisan
or nonpartisan;
b. Directly ar 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 th~regal services are not provided in
fee-generating cases, as defined in 45.CFR
132],.71(8)(1), unless adequate representation
is unavailable or there is an emergency
requiring immediate legal. action. All
providers shall establish procedures far the
referral of fee generating cases.
3. ~ Ensure that no employes and na staff attorney
of the provider shall directly ar 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); ar
Nor;'_h Carolina Division of Aging
Legal Services -- Policies and Procedures
Effective Date -- July 1, 1992
LEGAL SERVICES
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 ar 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 4S CFR
132].. 71(h) .
5. Ensure that, while providing Legal services,
no~emplayee and no staff attorney of the
provider engages in or encourages 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 activ~.ties
as defined in 45 CE'R 1321.7]. (j) .
5. Ensure that no funds avaa.lable 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 nanjudicial Fede~l, State o~r-3o~ca1
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
advice only with respect to the client's
own communications to officials;
c. Responding to the request of a public.
official ar body for testimony, legal
advice or other statements on legislation
or other issues related to aginq;.and
d. Communicate with an elected official for
the sale purpose of bringing a client's
legal problem to the attention of that
official.
S
7. A legal service provider may not require an
older person to disclose information about
North Carolina Division of Aging
Legal Services - Policies and Procedures
Effective Date - July 1, 1992
LEGAL SERVICES
income or 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, ar for the
purpose cf zdentifyiny additional resources
and benefits for which an older adult may be
eligible.
8. Cannot provide assistance in criminal matters.
9. No~conflict of interest exists in the
representation of participants in public
benefit cases.
10. Ensure that none .af the fur-ds made available
under the Act may be used.,.to pay dues
exceeding $100 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 O1der.Americans Act funds
cannot be used directly.
D. Voluntary Contributions
-•~
a
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 to
contribute to the cost of service. Agencies must
establish written policies and procedures governing
the collection of voluntary contributions (program
income).
VIII_ Staffing Qualifications
A. Legal Services must be provided by
attorney. Staffing may include, but
ta, a component involving advice or
byc
a licensed
is not limited
representation
1. a paralegal under the supervision
attorney;
2. a third year law student under the
of attorney; or
3. a non-lawyer, under supervision of
in administrative public benefits
of an
supervision
an attorney
problem.
9'
10
ATTACHMENT 2
DATE
XX
Dear XX:
You requested assistance in our office for the following matter:
_I am enclosing a copy of the document that was drafted for you, or
I have completed the work in your case.
If you have any questions, please feel free to contact me.
Your service was provided through a contract with the Orange County Department on
Aging utilizing Older Americans Act funds. The Department on Aging offers
information, services and programs to improve the quality of life for persons 60 and
older. Contributions aze welcome to help cover the cost of all services and can be sent to
the Department's Hillsborough Senior Center at 300 W. Tryon Street, 27278. Your
donation will be used to provide additional services.
Thank you.
XX
Attorney
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