HomeMy WebLinkAboutAgenda - 06-17-2003-8iORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 17, 2003
Action Agenda,
Item No. ~~-1
SUBJECT• Legal Services Contract -Department of Social Services
DEPARTMENT: Social Services
ATTACHMENT(S):
Contract
PUBLIC HEARING: (Y/N) No
INFORMATION CONTACT:
Nancy Coston, 968-2000
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To consider approval of the Fiscal Year 2003-2004 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 on 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. She has comprehensive knowledge of
juvenile law and Guardianship proceedings and litigates court hearings with skill. She remains
on-call after hours to assist staff when the agency must assume emergency custody of children
at night and on 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 32 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 continuation of the current contract with Northen Blue at the same rate
of $100 per hour. Additional costs for expert witnesses are also reimbursed through this
contract.
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FINANCIAL IMPACT: Social Services estimates that $95,000 will be spent on legal fees during
next year's budget. Approximately half of this cost will be paid by state and federal revenues,
and County funds have been included in the department's proposed Fiscal Year 2003-04
budget.
RECOMMENDATION(S): The Manager recommends that the Board accept the Social
Services Board recommendation and approve the contract for legal representation with Northen
Blue, LLP, for Fiscal Year 2003-2004.
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STATE OF NORTH CAROLINA
COUNTY OF ORANGE
THIS AGREEMENT, made and entered into this 1'` day of July, 2003 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 North 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 D1PARTMENT, 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 with the other, for the purposes and considerations as set forth herein for a
period of July 1, 2003 through June 30, 2004.
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:
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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 connection 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 Dollars ($100.00) per hour from July 1, 2003 through June 30, 2004.
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 necessary 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 Dollars ($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, 2003 through and including
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~ days written notice to the other Party•
inated by thirty (3~ ned this
June 30, 2004 unless sooner term Y and p,T'TORNEY have hereunto sig
WITNESS WHEREOF ~ the COUNT
IN ~ b each party hereto and either of
licate originals, one of which is retain y
Contract in dup
final.
NGE COUNTY NORTH CAROLINA
which is sufficient as the ong
ORA
BY • Orange County Board of Commissioners
Chair,
p,TTEST:
e County Board of Commissioners
Clerk of the Orang
NORTHEN BLUE, L.L„P.
(61t~
BY : LCOMB
OL 1
anner requires by the Local Government Budget
This instrument has been Pie-audited in the m
and Fiscal Control Act.
KENNETH CHAVIOUS
Orange County Finance Officer
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