HomeMy WebLinkAbout2008-111 BOCC - Attorney Contract Coleman, Gledhill, Hargraves & PeeksSTATE OF NORTH CAROLINA
COUNTY OF ORANGE
CONTRACT
THIS CONTRACT, made and entered into this the 1St day of
December, 2008, 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 8181, Hillsborough, North
Carolina 27278, hereinafter referred to as COUNTY, and COLEMAN,
GLEDHILL, HARGRAVE & PEEK, P.C., a North Carolina professional
corporation, whose mailing address is Post Office Drawer 1529,
Hillsborough, North Carolina 27278, hereinafter referred to 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
by 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 by COUNTY
as follows:
a. Until a County attorney, replacing Geoffrey E.
Gledhill and Coleman, Gledhill, Hargrave & Peek, assumes his or
her duties, attending all meetings and hearings of the Board of
County Commissioners except those scheduled work sessions
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related to County capital projects/capital investment plan and
the County budget adoption process.
b. Until a County attorney, replacing Geoffrey E.
Gledhill and Coleman, Gledhill, Hargrave & Peek, assumes his or
her duties, attending County administrative staff meetings
regularly scheduled to review the agenda in preparation for
Board of Commissioner meetings.
c. Until a County attorney, replacing Geoffrey E.
Gledhill and Coleman, Gledhill, Hargrave & Peek, assumes his or
her duties, attending Board of Adjustment meetings and any other
Board meetings when requested to do so by the Board of
Commissioners.
d. Other legal services as requested from time to
time by COUNTY departments and agencies.
2. ATTORNEYS shall provide COUNTY with all legal service s
at an hourly rate of $175.00. The fee for hourly services shall
be payable to ATTORNEYS and the hours of service accounted for
by ATTORNEYS as follows:
a. The amount equal to the hours billed at the rate
of $175 per hour 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 on a monthly statement and invoice.
The first statement and invoice shall include billable hours
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from December 1, 2008 through December 31, 2008. Monthly
statements thereafter shall include billable hours from the lst
of the month through the last day of the following month.
4. All expenses and costs incurred as 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 reimbursed by COUNTY. Costs and expenses include the
cost of 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.
5. The ATTORNEYS shall not be responsible for litigation
of COUNTY. Further, from time to time representation of COUNTY
may require the services of an attorney other than ATTORNEYS or
may result in a conflict of interest for ATTORNEYS. It is agreed
that when any such event arises, ATTORNEYS may refer cases
requiring legal services to other lawyers, preferably those
living in 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 the attorney to which
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the case is referred shall be compensated, with respect to real
estate title work, at prevailing rates and, with respect to all
.other matters at an hourly rate not exceeding $175. Employment
of an attorney at an hourly rate exceeding $175 shall be with
the consent and approval of the Board 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.
6. 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 is provided advice and counsel
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 original.
This the ~ day of c~~~( 2008.
ORANGE COUNTY, NORTH CAROLINA
By: ~
B rry Ja
Orange C
Commiss~
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ATTEST:
®,~z«~4 ~~r`'
~,
~4 ~ i~ ~V
Don S . Baker ~;
Clerk to the Board of Commissioners it )
of Orange County }~ l
c
~~rpb ~~re~~~
COLEMAN, GLEDHILL, HARGRAVE & PEEK, P.C.
By: ~ '
r Gledhill
This instrument has been preaudited in the manner required
by the Local Government Budget and Fisc trol Act.
Gary Hump ~eys
Orange County Fina e Officer
lsg:orangecounty\2008 contract between OC and CGHP.doc
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