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HomeMy WebLinkAboutAgenda - 05-03-2000-8dORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 3, 2000 Action Agenda Item No. S-„ SUBJECT: Child Support Attorney Contract DEPARTMENT: Child Support Enforcement PUBLIC HEARING: (Y!N) No h ATTACHMENT(S): 2000-2001 Contract INFORMATION CONTACT: Janet Sparks, ext 2178 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 9fi8-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To contract with Coleman, Gledhill and Hargrave 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. Certain functions essential to the program can be performed only by an attorney. The $8S hourly rate remains unchanged. The firm provides representation in an average of 100 cases each month. They also handle any complex negotiations with attorneys and they represent CSE in cases that are appealed. FINANCIAL IMPAi~"1': The 2000-2001 budget request is $35,000. The County's cost after Federal Financial Participation (FFP) is $11,900. RECOMMENDATION(S): The Manager recommends that the Board approve the contract and authorize the Chair to sign. Z STATE OF NORTH CAROLINA ) ), CONTRACT OF EMPLOYMENT COUNTY OF ORANGE ) THIS CONTRACT made and entered into this the 1st day of July, 2000, by and between Orange County, hereinafter County, and Coleman, Gledhill & Hargrave, P.C., hereinafter Attorneys. W I T N E S S E T H: THAT WHEREAS, the County desires to employ Attornneys as its counselors at law for ,the County of Orange upon the following terms: 1. This Contract shall begin July 1, 2000 and unless sooner terminated by 30 days' notice of either party shall exist. and continue through June 30, 2001. 2. Attorneys, upon- reasonable notice, are to be available for consultation, legal advice and for representation as requested by the Child Support Enforcement Agency on all legal matters arising from the duties of County under Article 9 of Chapter 110 of the North Carolina General Statutes, Title IV-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 of interest for the Attorneys, it is agreed that when such a conflict arises, the 1 3 Attorneys may refer cases requiring legal services to other lawyers 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 in the. same manner as specified in paragraph 5 below, and shall keep an itemized record of work performed for County on a case-by-case G basis, submitting a bill therefor showing a breakdown of services performed on a case-by-case basis as specified in paragraph 5. 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 for in paragraph 5 below. 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 rlimited to, maintaining such records as are required by County, to make said reports available for federal or state audit, if required, and to make financial, statistical. and program progress reports as are required. '' 5. -1~ar their services under this Contract, County agrees to pay Attorneys Eighty-five and No/100 Dollars ($85.00) per hour for each hour spent by them providing legal services under the Child Support Enforcement Program. Such hourly rate shall encompass all 2 4 expenses, including but not limited to, those far salary, supplies, office space, heating and maintenance for office space, telephone ser~rice, long-distance telephone calls and travel. Attorneys are not be reimbursed for any' extraordinary expense incident to performing the services included under this agreement; except, that County agrees to pay. all court costs and filing fees which are required to be paid in conjunction with services provided by the Attorneys under this agreement. 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. COLEMAN, DHILL & F~j.G~V~'y, P . C . By : Y" p-"~' of Gledhill 0 GE CO TY, NORTH CAROLINA By: Moses Carey, Jr., Chair ATTEST: Beverly A. Blythe Clerk to the Board of Commissioners h. 3 r 5 This instrument has been preaudited in the manner requited by the I,acal Government Budget and Fiscal Control Act. Orange County Finance Officer lsg:orangecounty\cse.con 4