HomeMy WebLinkAboutAgenda - 06-29-2000-8k~ ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 29, 2000
Action Agend
Item No.
SUBJECT: Special Contract for Legal_Service
DEPARTMENT: County Attorney PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Geoffrey Gledhill, 732-2196
Proposed Contract
TELEPHONE N
Hillsborough
Chapel Hill
Durham
Mebane
UMBERS:
732-8181
968501
fi88-7331
33fi-227-2031
PURPOSE: To contract with Michael B. Brough and The Brough Law Firm to associate with
the County Attomey in the handling of the counterclaims against Orange County in the cases
captioned Mary t~lliams v. Blue Cross Blue Shield v. Orange County, et al. and Katherine
Cooper-Harris v. Blue Cross Blue Shield v. Orange County, et al.
BACKGROUND: Blue Cross Blue Shield has counterclaimed against Orange County in the
cases referred to above contending that the Orange County Civil Rights Ordinance violates the
North Carolina Constitution. Further it is anticipated that Blue Cross Blue Shield will attempt to
contend that the ordinances also violate the United States Constitution. Michael Brough has a
considerable amount of experience in local government litigation and in litigation involving
constitutional questions in local government and will provide valuable assistance if associated in
the litigation referred to above.
FINANCIAL IMPACT: Unknown at this time; estimated not to exceed $15,000.00.
RECOMMENDATION(S): The County Attomey recommends that the Board: (1) authorize a
professional services employment contract between Orange County and The Brough Law Firm
employing the firm to represent Orange County with the County Attomey in the cases of Mary
Williams v. Blue Cross Blue Shield v. Orange County, et al. and Katherine Cooper-Harris v.
Blue Cross Blue Shield v. Orange County, et al. at an hourly rate equal to but not exceeding
that which he charges other local governments which are not his retainer clients (presently
$150.00 per hour plus expenses) and (2) authorize the County Manager to sign the contract.
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NORTH CAROLINA
ORANGE COUNTY
CONTRACT OF EMPLOYMENT
THIS CONTRACT made and entered into this day of
2000, by and between Orange County, hereinafter
County, and The Brough Law Firm, hereinafter Attorney.
W I T N E S S E T H:
THAT WHEREAS, the County desires to employ Attorney as
its counselor at law for the County of Orange upon the following
terms:
1. This contract shall be for the representation of
Orange County in the cases involving Mary Williams v. Blue Cross
Blue Shield v. Orange County, et al. and Katherine Cooper-Harris
v. Blue Cross Blue Shield v. Orange County, et al. Attorney may
proceed upon the initiation of contact with the Orange County
Attorney and sha11 continue in the representation of Orange
County in this case until it is completed as determined by the
Orange County Attorney.
2. Attorney agrees to keep an itemized record of work
performed for County, submitting a bill, therefore, showing a
breakdown of services performed. In the event Attorney is
awarded counsel fees by the Court, an accounting shall be made
to County for any such award.
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3. Attorney agrees to comply with and enable County to
comply with all of the requirements of G.S. 153A-449 and G.S.
159-34 of the North Carolina General Statutes and the
regulations promulgated pursuant thereto relating to the
performance of legal services including, but not limited to,
maintaining such records as are required by County, and making
the same available to County as directed by County.
4. Far the services under this contract, County agrees
to pay Attorney One Hundred Fifty and No/100 Dollars ($150.00)
per hour for each attorney hour spent by Attorney providing
legal services as provided herein.
5. All expenses and costs incurred as a result of
Attorney's representation of County shall be paid by County. Any
expenses and costs advanced by Attorney on behalf of County
shall be reimbursed by County.
IN TESTIMONY WHEREOF, said parties have executed this
contract in duplicate originals, one of which is to be retained
by County and one of which is to be retained by Attorney.
ORANGE COUNTY, NORTH CAROLINA
BY-
John M. Link, Jr.
Orange County Manager by
authority of June 29, 2000
resolution of the Orange
County Board of Commissioners
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THE BROUGH LAW FIRM
By:
Michael B. Brough
This instrument has been preaudited in the manner required
by the Local Government Budget and Fiscal Control Act.
grange County Finance Officer