HomeMy WebLinkAboutAgenda - 06-08-2004-5sORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: .lune 8, 2004
Action Agenda
Item No. JC-S
SUBJECT: Contract Renewal with Northen Blue for DSS Legal Services
DEPARTMENT: Social Services PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Contract
INFORMATION CONTACT:
Nancy Coston, 968-2000
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To approval the Fiscal Year 2004-2005 renewal contract 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 an 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
and remains on-call after hours to assist staff when the agency must assume emergency
custody of children at night and an 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 court reviews of approximately 38 children per month. 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 approve the contract with Northen Blue at the rate of $110 per hour, a 10%
increase over the prior year. The last increase prior to this occurred in 1999 when the per hour
rate went from $85 to $100, Additional costs for expert witnesses are also reimbursed through
this contract,
FINANCIAL IMPACT: Social Services estimates that $114,000 will be spent on legal fees
during next year's budget. Approximately half of this cost will be paid by state and federal
revenues.
RECOMMENDATION(S): The Manager recommends that the Board accept the Social
Services Board recommendation and approve the contract renewal for legal representation with
Northen Blue, ILP, far Fiscal Year 2004-2005, subject to final review by staff and the County
Attorney.
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
THIS AGREEMENT, made and entered into this 1" day of July, 2004 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 Nor[h 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 wikh the other, for the purposes and considerations as set forth herein for a
period of July 1, 2004 through June 30, 2005.
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:
u l
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1. 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 connecfion with
Paragraph 1 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 Ten Dollars ($110,00) per hour from July 1, 2004 through Tune 30, 2005,
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 necessazy 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 Three Hundred Dollazs ($300.00) 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 for the
DEPARTMENT on a case-by-case basis and shall submit its bill therefore showing a
breakdown of those services performed and the cost.
4. That this Contract shall exist and continue from July 1, 2004 through and including
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Tune 30, 2005 unless sooner terminated by thirty (30) days written notice to the other pazty.
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 Commissioners
Clerk of the Orange County Board of Commissioners
NORTHEN BLUE, L.L.P.
BY: ~~
OL : , H LCOMB
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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