HomeMy WebLinkAboutAgenda - 05-20-2003-8eORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 20, 2003
Action Agenda
Item No. $.- ~
SUBJECT: Child Support Attorney Contract
DEPARTMENT: Child Support Enforcement PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
2003-2004 Contract
INFORMATION CONTACT:
Janet Sparks, ext. 2178
TELEPHONE NUMBERS:
Hillsborough
Chapel HiIN
Durham
Mebane
732-8181
968-4501
688-7331
336-227-2031
PURPOSE: To contract with Coleman, Gledhill, Hargrave and Peek to provide legal
representation for the Child Support office
BACKGROUND: The Child Support program must have legal representation to be in
compliance with North Carolina law and Federal regulations. Only an attorney can perform
certain functions essential to the program. The hourly rate of $90.00 remains unchanged and
66 percent of the hourly charges are reimbursed through Federal Financial Participation (FFP)
The contract also contains a charge of $300 per month for the work of a legal assistant who
manages court-related administrative duties.
The firm provides representation for an average of 170 cases per month.
FINANCIAL IMPACT: The 2003-2004 budget request is $35,500. The County's cost after
Federal Financial Participation (FFP) will be $10,846.
RECOMMENDATION(S): The Manager recommends that the Board approve the contract and
authorize the Chair to sign.
STATE OF NORTH CAROLINA )
CONTRACT OF EMPLOYMENT
COUNTY OF ORANGE )
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THIS CONTRACT made and entered into this t]he lst day of July,
2003, by and between Orange County, hereinafter County, and
Coleman, Gledhill, Hargrave & Peek, P.C., here:i_nafter Attorneys.
W I T N E S S E T H:
THAT WHEREAS, the County desires to employ Attorneys as its
counselors at law for the County of Orange upon the following
terms:
1. This Contract shall begin July 1, 2001 and unless sooner
terminated by 30 days' notice of either party shall exist and
continue through June 30, 2004.
2. Attorneys, upon reasonable notice, a:re to be available
for consultation, legal advice and for representration as requested
by the Child Support Enforcement Agency on all legal matters
arising from the duties of County under Article ~~ of Chapter 110 of
the North Carolina General Statutes, Title I'V-D of the Social
Security Act, and the federal regulations lawfully promulgated
pursuant thereto.
3. Recognizing that from time to time representation of
County by Attorneys may result in a conflict o:E interest for the
Attorneys, it is agreed that when such a conflict arises, the
Attorneys may refer cases requiring legal service's to other lawyers
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in Orange County. 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 therefor showing a brF~akdown 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. Attorneys agree 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 pursuant thereto relating to the performance of program
legal services including, but not limited to,. maintaining such
records as are required by County, to make saio~ reports available
for federal or state audit, if required, and to make financial,
statistical and program progress reports as are: required.
5. For their services under this Contract=, County agrees to
pay Attorneys (1) Ninety and No/100 Dollars ($90.00) per hour for
each hour spent by them providing legal services under the Child
Support Enforcement Program; and (2) Three Hundred Dollars
($300.00) per month for the services of clerks and legal assistants
hired by them to assist them in the performance of their duties to
County and the cost of faxing, telephone, copying, and postal
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expenses. 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. Country agrees to pay all
court costs and filing fees which are required to be paid in
conjunction with services provided by Attr_>rneys under this
agreement. Court costs and filing fees advanced by Attorneys on
behalf of County shall be reimbursed to Attorneys.
6. Attorneys will be reimbursed for attendance at an annual
child support training session. Reimbursement will be at the rate
of Forty-five and No/100 Dollars ($45.00) per he>ur for each hour of
the session attended, not to exceed Two Hundred Twenty-five and
No/100 Dollars ($225.00) for attendance at the full annual training
session or One Hundred and No/100 Dollars ($100.00) for a single
day attended. Attorneys shall obtain from the Director of the
Orange County Child Support Program prior appa:oval to attend an
annual child support training session.
IN TESTIMONY WHEREOF, said parties have executed this Contract
in triplicate originals, one of which is to be :retained by County,
one of which is to be retained by Attorneys and one of which is to
be filed with the Child Support Enforcement Section, Division of
Social Services of the Department of Human Resources, Raleigh,
North Carolina.
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COLEMAN, GLEDHILI,, HARGRAVE & PEEK, P.C.
By:
Geoffrey E. Gledhill
ORANGE COUNTY, NC)RTH CAROLINA
By:
Margaret Brown, Chair
ATTEST:
Donna S. Baker
Clerk to the Board of
Commissioners
This instrument has been preaudited in the manner required by
the Local Government Budget and Fiscal Control Act.
Orange County Finance Officer
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