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Home My WebLink AboutAgenda - 09-19-2000-8cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 19, 2000 Action Agen a Item No. • SUBJECT: Contract A royal; Count Attorne DEPARTMENT: Purchasing and Central PUBLIC HEARING: (Y/N) No SeNIGeS ATTACHMENT(S): Contract INFORMATION CONTACT: Pam Jones (919) 245-2652 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 9fi8-4501 Durham ~ fi88-7331 Mebane -- 336-227-2Q31 PURPOSE: To consider approving a contract with the legal firm of Coleman, Gledhill & Hargrave far legal services rendered to the County. BACKGROUND The County Attorney function has been performed by Geoffrey Gledhill, with Coleman Gledhill and Hargrave, hereinafter referred to as "the Firm°, since at least 1976. The County executes an annual contract with the Firm to provide legal services that include, but are not limited to the following: • Attend all County Commissioner meetings, work sessions, public hearings, except budget worksessions; • Attend meetings to review agendas for the aforementioned meetings; • Provide legal advice to County Commissioners and County departments; • Defend the County in any matter in litigation. However, in matters for which the County is insured, attorneys for the insurance pool will provide primary defense. For these services the Firm receives compensation as follows: • Firm shall be paid a $4,000 per month retainer to: • Attend all County Commissioner meetings, hearings, including worksessions, except those related to the annual budget process; and • To attend agenda review meetings; and • To attend other Board or Council meetings as may be requested by the Board of Commissioners; and • To attend County Attorney conferences, workshops, etc. that may be necessary or that may be requested by the County Commissioners. • The Firm shall provide an additional 83-1 /3 hours of service for a flat monthly fee of $3,666. • Any hours above 83-1/3 hours will be compensated at an hourly rate of $95. Terms of this contract are consistent with previous renewals, with one exception. From time to time, the Firm may find itself involved in a matter that presents a conflict of interest to the parties. In such cases, the Firm may choose to contract with another attorney to provide the needed services. In-such instances, the Firm is authorized to contract with a third party attorney for an amount not to exceed $150 per hour, which is a customary and reasonable hourly rate for attorneys in the area. County Commissioners will be asked to approve any fee above $150 per hour in the event of such an ,occurrence. FINANCIAL IMPACT: Funds to support legal services are budgeted in the Central Services budget. Expenditure levels may vary according to the type, number and complexity of the various issues the County Attorney is asked to consider each year. Historically, expenditures will range from $115,000 to $140,000 annually. RECOMMENDATION(S): The Manager recommends that the Board approve the contract for legal services with the firm of Coleman, Gledhill ~ Hargrave; and authorize the Chair to sign on behalf of the Board. h STATE OF NORTH CAROLINA COUNTY OF ORANGE CONTRACT THIS CONTRACT, made and entered into this the let day of September, 2000, by and between ORANGE COUNTY, NORTH CAROLINA, a body politic and corporate of the State of North Carolina, whose mailing address is Post Office Box 8151, Hillsborough, North Carolina 27278, hereinafter referred to as COUNTY, and COLEMAN, GLEDHILL & HARGRAVE, P.C., a North Carolina professional corporation, whose mailing address is Post Office Drawer 1529, Hillsborough, North Carolina 27278, hereinafter referred tv as ATTORNEYS: W I T N E S S E T H: WHEREAS, it is the desire of COUNTY and ATTORNEYS to enter into an agreement of employment for the performance by ATTORNEYS of such. legal services that shall be required from time to time to properly and adequately represent COUNTY. NOW, THEREFORE, for and in consideration of the mutual terms and agreements hereinafter set forth, COUNTY and ATTORNEYS do agree, each. with the other, as follows: 1. ATTORNEYS shall perform legal services and render advice to COUNTY on such occasions as may be required to properly and adequately represent COUNTY. 2- RETAINER SERVICES. The following services shall be performed by ATTORNEYS foar a monthly retainer fee of $4,000: a. Attending all meetings and hearings of the Board of County Commissioners except those scheduled work sessions related to the annual county budget adoption process. t 3 4 b. Attending County administrative staff meetings regularly scheduled to review the agenda in, preparation for Board of Commissioner meetings. c. Attending any other Board or Council meetings when requested by the Board of Commissioners. d. Attending Conferences of the North Carolina Association of County Attorneys sponsored by the North Carolina Association of County Commissioners, which conferences include work programs in areas of legal significance to North Carolina counties (typically held semiannually) and any other relevant conferences, workshops or Continuing legal education programs related to legal and policy issues affecting North Carolina counties as determined by ATTORNEYS or as requested by COUNTY. e. Foregoing representation of any party whose claim is adverse to, who seeks approval from or whose dispute is with COUNTY, any COUNTY board or agency. The retainer fee shall be payable to ATTORNEYS on September 1, 2000 and-Q~: the first day of each month thereafter so long as ATTORNEYS provide legal services to COUNTY or until this agreement is modified by the parties. The statement and invoice for retainer services payable an September 1, 2000 shall include retainer services performed from July 16, 2000 through August 15, 2000. The statement and invoice for retainer services thereafter shall include retainer services from the 16th of the month through the 15`h of the next month. 2 ti g 3. FLAT FEE SERVICES. ATTORNEYS shall provide COUNTY with B3 1/3 hours of non-retainer legal services per month for a monthly fee of $3,666. The services to be provided by ATTORNEYS for this flat fee include all legal services provided by ATTORNEYS far COUNTY ether than those provided as retainer services. The fee for flat fee services shall be payable to ATTORNEYS and the hours of service accounted for by ATTORNEYS as follows; a. $3,666.00 payable on September 1, 2000 and $3,666 payable on the first day of each month thereafter for so long as ATTORNEYS provide legal services to COUNTY or until-this agreement is modified by the parties; b. ATTORNEYS shall itemize the work done by them and the time devoted by them to flat fee services on a monthly statement and invoice. The statement and invoice payable on September 1, 2000 shall provide for 83 1/3 hours o£ flat fee services for the period July 16, 2000 through August 15, 2000. Monthly.ata.tements thereafter shall provide for 83 1/3 hours of flat fee services for the period from the 16th of the next month through the 7.5th. of the following month and so on . 4. ATTORNEYS shall provide COUNTY with all legal services other than those provided as retainer services and other than those provided as flat fee services at an hourly rate of $95. The fee for hourly services shall be payable to 3 6 ATTORNEYS and the hours of service accounted fox by ATTORNEYS ae follows: a. The amount equal to the hours billed at the rate of $95 per hour on September i, 2000 and on the first day of each month thereafter so long as ATTORNEYS provide legal services to COUNTY or until this agreement is modified by the parties. b. ATTORNEYS shall itemize Che work done by them and the time devoted by them to hourly services on a monthly statement and invoice. The statement and invoice payable on September 1, 2000 shall include billable hours from July 16,. 2000 through August 15, 2000. Monthly sCatements thereafter shall include billable hours from the 16~h of the next month through the 15L~' of the following month and so on. 5. All expenses and coats incurred ae a result of ATTORNEYS' representation of COUNTY shall be paid by COUNTY. Any expenses and costs advanced by ATTORNEYS on behalf of COUNTY shall be zei~ursed by COUNTY. 5. Recognizing that from time to time representation of COUNTY by ATTORNEYS may result in a conflict of interest for ATTORNEYS, it is agreed tkiat when such a conflict arises, ATTORNEYS may refer cases requiring legal services to other lawyers, preferably those living and with offices located in Orange County. Such referrals shall be with the consent and approval of the County Manager. All cases of referral for which a r the attorney to which the case is referred shall be compensated at an hourly rate exceeding $150 shall be with the Consent and approval of the Soard of Commissioners of COUNTY. The attorney to which the case is referred shall keep an itemized record of work performed for COUNTY, submitting a bill to COUNTY therefor showing services performed. 7. It is expressly understood and agreed that ATTORNEYS will not provide and have not in the past provided advice and counsel to the Orange County Sheriff's Department in its investigation and prosecution of criminal actions. The Sheriff's Department is entitled to and ie provided advice and Gouneel concerning such matters from the district attorney of the judicial district wherein Orange County lies as provided in North Carolina General Statute § 7A-61. IN WITNESS WHEREOF, COUNTY and ATTORNEYS have hereunto signed this agreement in duplicate originals, one of which is retained by each party hereto and either of which is sufficient as the orig~,.al. This the 1B` day of September, 2000. ORANGE COUNTY, NORTH CAROLINA Hy: Moses Carey, Jr., Chair Orange County Berard of Commissioners 7 5 8 ATTEST: Beverly A. Blythe Clerk to the Hoard of Commissioners (SEAL) Qf~Oxange County COLEMAN, GLEDHILL & HARGRAVE, P.C. By: Geoffrey E. Gledhill This instrument has been pxeaudited in the manner required by the Local Government Budget and Fiscal Control Act. Kenneth T. Chaviou5 Orange County Finance Officer 1sg;~rangecoun[y~concraccbeGwecaocandcgh.doc 6