HomeMy WebLinkAbout01/09/2006 Item 066
AGREEMENT FOR INDIGENT DEFENSE SERVICES
This Agreement for Indigent Defense Services (the "Agreement") is made and
entered into to be
effective as of January 1,2006, by and between Mohave County, Arizona, a political
subdivision of the State
of Arizona (the "County" or "Mohave County") and Deborah A Liverence, a sole
proprietorship engaged
in the professional practice of law ("Attorney"), who are the parties hereto.
RECIT ALS:
WHEREAS, Mohave County has established a Public Defender's Office and a Legal
Defender's
Office to provide assistance of counsel to indigent defendants in criminal
proceedings arising within Mohave
County under appointments made by the Mohave County Superior Court and the
Mohave County Justice
Courts and to provide assistance of counsel to indigent juveniles in delinquency
and incorrigibility
proceedings arising within Mohave County under appointments made by the Mohave
County Superior Court
and the Mohave County Justice Courts; and
WHEREAS, the Public Defender's Office and Legal Defender's Office are authorized
to provide
assistance of counsel to indigent defendants in criminal proceedings arising
within Mohave County under
appointments made by the Mohave County Superior Court and the Mohave County
Justice Courts, pursuant
to Rule 6.5 of the Arizona Rules of Criminal Procedure; and
WHEREAS, the Public Defender's Office and Legal Defender's Office are authorized
to provide
assistance of counsel to indigent juveniles in delinquency and incorrigibility
proceedings arising within
Mohave County under appointments made by the Mohave County Superior Court
and the Mohave County
Justice Courts, pursuant to AR.S. 9 8-221; and
WHEREAS, Mohave County desires to provide independent counsel to represent
indigent
defendants and juveniles where the Public Defender's Office or Legal Defender's
Office is unable to act
because of a conflict of interest and in other cases where appointment of
independent counsel on a contract
basis is necessary for the effective administration of justice; and
WHEREAS, Mohave County is authorized pursuant to its authority under AR.S.
S 11-201, 9 11-25]
and 9 11-254.01 to provide for the procurement of the professional services
of Attorney, as an independent
contractor, for the purpose of accepting assignment of cases by the Public
Defender's Office and/or Legal
Defender's Office, pursuant to the terms of this Agreement; and
WHEREAS, Attorney wishes to provide representation to indigent defendants
in criminal
proceedings arising within Mohave County, indigent juveniles in delinquency
and incorrigibility proceedings
arising within Mohave County, and other cases arising within Mohave County
where appointment of
independent counsel on a contract basis is necessary for the effective administration
of justice by accepting
assignment of cases made by the Public Defender's Office or Legal Defender's
Office for such purposes in
accordance with the terms of this Agreement;
NOW THEREFORE, in consideration of the mutual promises, covenants and obligations
set forth
herein, the parties agree as follows:
Deborah A. Liverence Conflict Agreement
Page 1 of 1 3
AGREEMENTS:
I.
TERM The term of this Agreement shall be for a period of thirty-six (36)
month(s), from the ~
day of January, 2006, through and including the 3 151 day of December, 2008,
unless terminated earlier as
provided herein; provided, however, that Attorney shall continue to represent
any indigent clients Attorney
is appointed to represent under the terms of this Agreement until Attorney's
obligations hereunder have been
discharged, notwithstanding the dates set forth in the preceding portion of
this sentence or any earlier
termination of this Agreement.
II.
SERVICES TO BE PROVIDED BY ATTORNEY
A. During the term of this Agreement, Attorney shall accept assignments made by
the Public
Defender's Office and/or the Legal Defender's Office to provide legal representation
to indigent defendants
in criminal cases, indigent juveniles in juvenile delinquency and incorrigibility
proceedings, and indigent
witnesses, provided that the Public Defender's Office and/or Legal Defender's
Office have a legitimate legal
conflict of interest in representing the indigent defendants, indigent juveniles,
or indigent witnesses in the
assigned cases. Such a "conflict of interest" may occur in, but not necessarily
be limited to, situations where
there are two or more defendants or juveniles being charged in any particular
case, or cases where one or
both of the Public Defender's Office and Legal Defender's Office have represented
someone who is a victim
or one of the witnesses in the assigned case. The cases assigned to Attorney
will include the representation
of:
(1) indigent defendants in all criminal proceedings in the Superior and Justice
Courts in Mohave
County, in probation violation proceedings, in de novo appeals from a Justice
Court, and in special actions
filed in an Arizona appellate court, (2) indigent juveniles in all juvenile
delinquency and incorrigibility
proceedings in the Superior Court in Mohave County, in probation violation
proceedings, and in special
actions filed in an Arizona appellate court, and (3) the representation of
indigent witnesses in need of and
entitled to legal representation.
Anything to the contrary herein notwithstanding, however, Attorney
will not be assigned any capital cases under this Agreement.
In addition to cases that involve a legal "conflict of interest," the Public Defender's Office and/or
Legal Defender's Office may assign and Attorney, at Attorney's option, may
accept appointment to represent
indigent defendants in criminal cases, indigent juveniles in juvenile delinquency
and incorrigibility
proceedings, and/or indigent witnesses where there is no legitimate legal
"conflict of interest" for either the
Public Defender's Office or the Legal Defender's Office.
In such cases, Attorney shall have the right to
refuse to accept any appointment Attorney is asked to take by the Public Defender's
Office or Legal
Defender's Office. Attorney may not refuse to accept an appointment, however,
if Attorney is appointed in a
legitimate legal "conflict of interest" situation, including, but not necessarily
limited to, a classic codefendant
situation or a situation where prior representation by either the Public Defender's
Office or the Legal
Defender's Office prohibits either or both of those Offices from providing
representation because of one or
both of those Offices prior representation of one of the individuals who is
a victim, party, or witness in the
assigned case, unless such a refusal by Attorney is due to Attorney's own
ethical or conflict obligations.
B. In regard to all of the defendants, juveniles, and witnesses Attorney is assigned
to represent
under this Agreement, Attorney shall:
Deborah A. Liverence
Conflict Agreement
Page 2 of 13
1.
Provide representation for all court proceedings that are required to provide effective
representation, including, but not limited to, sentencing, any restitution hearing, and where
appropriate filing a Notice of Appeal and Designation of Record;
2.
Provide for personal consultation with each person Anorney is assigned to represent under
this Agreement;
3.
Maintain contact with each person Attorney is assigned to represent under this Agreement
until the case is terminated and use reasonable diligence in notifying each such assigned
person of necessary court appearances, as well as of any court action resulting from such
assigned person's nonappearance; and
4.
Interview each person Attorney is assigned to represent under this Agreement, as well as all
material witnesses.
This Agreement does not extend to representation of a client on appeal or
in post-conviction relief
proceedings.
However, Attorney shall continue to represent the client in interlocutory appeals and special
actions. Moreover, if requested by the client, Attorney shall file a notice
of appeal and designation of record
in all cases where the client has a right to appeal.
C.
If Attorney requests a re-determination of the indigence of any person Attorney represents
under this Agreement, and the court allows Attorney to withdraw from such
representation based thereon,
Attorney agrees that Attorney will not represent that person in that case
for a fee, without prior approval of
the Superior Court.
Attorney acknowledges that it is Attorney's responsibility to bring such instances of
non-indigence promptly to the attention of the judge assigned to the case.
Attorney shall not accept
compensation for a case assigned to Attorney under this Agreement outside
of that contemplated by this
Agreement without full disclosure of the terms of this Agreement to the client,
notification to the Public
Defender and Superior Court of the arrangements made for compensation, and
prior approval of the Superior
Court. Under no circumstances may Attorney solicit outside compensation from
clients assigned to Attorney
under this Agreement. The County understands and agrees, however, that Attorney
is available and able to
represent private clients as long as such clients are not clients assigned
to Attorney under this Agreement. In
addition, it is understood that the County neither agrees to use Attorney
exclusively nor to guarantee
Attorney a specific number of appointments.
D.
In performing Attorney's obligations under this Agreement, Attorney shall comply with the
Rules of Professional Conduct for attorneys practicing law in the State of
Arizona, the Arizona Supreme
Court's rulings on the standards for effective assistance of counsel as set
forth in Slale v. Smith, 140 Ariz.
355,681 P.2d 1374 (1984) and Zarabia v. Bradshaw, 185 Ariz. 1,912 P.2d 5 (1996),
state and local court
rules, and all applicable local, state, and federal laws, statutes, ordinances,
rules, and regulations.
E.
Attorney shall exercise independent professional judgment in determining the goals of
representation and the manner of achieving those goals, and shall provide
prompt, professional, ethical,
diligent, and honorable representation for all persons Attorney is appointed
to represent under the terms of
this Agreement. Attorney shall devote such time to the cases assigned as is
necessary to provide competent,
effective, and timely legal assistance and representation to the persons Attorney
is assigned to represent
under this Agreement.
Deborah A. Liverence Conflict Agreement
Page 3 of 13
F. Attorney shall continue to represent any indigent defendants, juveniles, and
witnesses
Attorney is appointed to represent under the terms of this Agreement at no
additional charge to the County
upon expiration of the term of this Agreement or early termination of this
Agreement until Attorney's
obligations under the provisions of this Agreement have been discharged, including
but not necessarily
limited to continuing all representations undertaken under this Agreement
until final disposition of the cases
by dismissal with prejudice or judgment and sentencing, except as otherwise
set forth in Section III(G)
below.
G. In the event that Attorney determines that any indigent defendant or indigent
juvenile that
Attorney is appointed to represent under this Agreement requires the services
of an expert or an expert
witness or an investigator for the appropriate preparation or presentation
of his/her defense, Attorney shall
file an appropriate motion requesting the appointment of any such expert or
expert witness or investigator
with the court.
If such an appointment is approved by the appropriate court, any fees to be paid to such
expert or expert witness or investigator shall be invoiced and billed separately
through the court after
receiving court approval therefor. Anything to the contrary herein notwithstanding,
however, Attorney will
try to utilize the services of investigators employed by the Public Defender's
Office whenever possible,
provided that such use does not create a conflict or other ethical problem.
Attorney shall submit all requests
for the use of investigators employed by the Public Defender's Office to the
Public Defender.
H. The parties contemplate that, unless otherwise specifically provided in this
Agreement or
otherwise specifically agreed to by the Mohave County Public Defender in writing,
substantially all of the
services to be rendered under this Agreement are to be provided by Attorney.
The parties understand and
agree, however, that from time to time, illness, vacation, or other circumstances
may prevent Attorney from
providing some of the services personally. In such events, some of the services
required to be provided by
Attorney under the terms of this Agreement shall be performed by lawyers duly
licensed to practice law in
the State of Arizona, who are acting as the agents or employees of Attorney.
Attorney agrees to provide
substitute representation in court when Attorney is unable to appear at any
court proceeding for any reason
and is unable to obtain a continuance from the court to enable Attorney to
handle the proceeding at a later
time.
All proposed responsible substitute attorneys are subject to approval by the Public Defender and
applicable court.
Substitute attorneys must meet the minimal requirements necessary for Attorney, unless
Attorney specifically requests that the substitute attorney be allowed to
act in a restricted fashion (~ on
misdemeanors only, at initial appearances only, etc.). The names of such substitute
attorneys shall be on file
with the Mohave County Public Defender and the presiding judge of the Mohave
County Superior Court
during the term of this Agreement.
I. In the event of a conflict of interest or other circumstance which Attorney
believes justifies
the reassignment of any appointed case to another attorney, Attorney shall
notify the Public Defender's
Office prior to seeking court approval of Attorney's withdrawal from the case.
The Public Defender's Office
will provide Attorney with the name and address of another available attorney
on the list of contract conflict
attorneys. In Attorney's motion to withdraw, Attorney will provide the name
and address of such attorney to
the court, specifying that it is the name provided to Attorney by the Public
Defender's Office as a contract
conflict attorney.
Compensation for cases in which Attorney withdraws from representation shall be
compensated as set forth below in Section HUE).
Deborah A. Liverence Conflict Agreement
Page 4 of 13
J. Attorney expressly warrants that Deborah A. Liverence and any other person providing
legal
representation pursuant to this Agreement is an attorney at law, licensed
and in good standing in the State of
Arizona, and that such persons are qualified by reason of competence, training,
and experience to provide the
designated legal services. Attorney understands and acknowledges that if the
license to practice law in the
State of Arizona held by Deborah A. Liverence or any other person providing
legal representation pursuant
to this Agreement is suspended or terminated, such suspension or termination
may, at the sole and absolute
discretion of the County, be deemed to constitute a substantial and material
breach of this Agreement.
III.
COMPENSA TION In consideration for the professional services to
be provided pursuant to the
provisions of this Agreement, Mohave County shall pay Attorney for work properly
authorized under this
Agreement as set forth below; provided, however, that anything to the contrary
in this Agreement
notwithstanding,
Attorney shall not bill for nor be compensated for travel time between Attorney's
residence, office, or other base of operation and the court or other work
site in Mohave County, and Attorney
shall not include travel time between Attorney's residence, office, or other
base of operation and the court or
other work site in Mohave County in calculating either the time spent on a
case under the flat rate amount of
compensation or the time spent on a case for which additional or other compensation
is sought at the rate of
Fifty-Five Dollars ($55.00) per hour as set forth below.
A. Flat Rate Amounts of Compensation.
For each applicable case assignment, Mohave
County shall pay Attorney the following flat rate amounts per case:
1. First Felony Cases -- $770.00;
2. Second or Subsequent Active Felony Cases -- $440.00;
(where such case(s) are related to an already assigned case)
3. Criminal Probation Violations -- $440;
4. Misdemeanors -- $440;
5. Juvenile Cases -- $440;
6. Juvenile Probation Violations -- $440.
B. Compensation for Special Action Work. Attorney will not be entitled to any additional
compensation over and above the flat rate amount set forth in Section IlI(A)
above for up to and including
the first twenty-five (25) hours of time spent on special action work in connection
with a pending assigned
case. However, Attorney may bill the County at a rate of Fifty-Five Dollars
($55.00) per hour for all special
action work in excess of twenty-five (25) hours.
e. Additional Compensation for Complex or Protracted Cases.
If the time necessary to
represent effectively an indigent client under this Agreement is expected
to exceed twenty-five (25) hours in
a case because of the complex or protracted nature of the case, Attorney may
make application to the court
for payment in excess of the flat rate amount stated above in Section III(A).
If seeking such additional
compensation, Attorney shall file a petition for approval of additional compensation
with the assigned trial
judge and provide a copy of the petition to the Public Defender's Office.
The petition shall contain at least
the following specific information:
1. An itemized listing of the specific services provided up to the date of the
submittal of the
petition showing the amount of time spent on each service;
Deborah A. Liverence Conflict Agreement
Page 5 of 13
2.
A listing of the anticipated additional services required to complete the representation
showing the amount oftime expected to be required for each item; and
3.
A specific explanation for the complexity or length of the trial court proceeding(s).
If the petition is approved, Attorney will be compensated by the County at
the rate of Fifty-Five Dollars
($55.00) per hour for all time in excess of twenty-five (25) hours expended
on the case and approved by the
applicable court.
D.
Compensation for Dismissals Prior to Arraignment. Assigned cases that are dismissed at
the lower court level or prior to the defendant being arraigned shall not
be compensated as an assigned case
under the terms of this Agreement.
Rather, Attorney shall submit to the Public Defender's Office an
itemized billing statement for the professional services actually rendered
and shall be compensated therefor
at the rate of Fifty-Five Dollars ($55.00) per hour for the time actually
worked, provided that any such
compensation shall not exceed the applicable flat rate amount set forth above
in Section III ( A ).
E.
Compensation for Cases Involving Withdrawal/Substitution of Counsel.
Assigned cases
in which Attorney subsequently withdraws from representation shall not be
compensated as an assigned case
under the terms of this Agreement. Rather, upon court approved withdrawal
from an assigned case, Attorney
shall submit to the Public Defender's Office an itemized billing statement
for the professional services
actually rendered and shall be compensated therefor at the rate of Fifty-Five
Dollars ($55.00) per hour for the
time actually worked, provided that any such compensation shall not exceed
the applicable flat rate amount
set forth above in Section III(A), absent a showing by Attorney of entitlement
to additional compensation
under Section nl(C) above.
F.
Compensation for Miscellaneous Assignments. Attorney may, on occasion, be
assigned
representation in miscellaneous matters, including but not limited to, material
witness representation. If
assigned to any such matter, Attorney will be compensated at a rate of Fifty-Five
Dollars ($55.00) per hour
for the time actually worked, not to exceed a total compensation amount of
Four Hundred and Forty Dollars
($440.00) unless prior approval is obtained from the assigned trial judge.
G.
Compensation for Cases Where the Court Issues a Bench Warrant for Arrest.
In the
event that an indigent criminal defendant or indigent juvenile being represented
by Attorney under this
Agreement does not appear for a court appearance and the court issues a bench
warrant for the arrest of any
such indigent criminal defendant or indigent juvenile, the case shall not
be compensated as an assigned case
under the terms of this Agreement. Rather, Attorney shall submit to the Public
Defender's Office an itemized
billing statement for the professional services actually rendered and shall
be compensated therefor at the rate
of Fifty-Five Dollars ($55.00) per hour for the time actually worked, provided
that any such compensation
shall not exceed the applicable flat rate amount set forth above in Section
III (A) , absent a showing by
Attorney of entitlement to additional compensation under Section m(C) above.
Attorney may file a motion
to withdraw from representation of such a defendant or juvenile and tender
the representation back to the
Public Defender's Office; provided, however, that if the indigent defendant
or juvenile is arrested prior to
termination of this Agreement or within ninety (90) days after the termination
of this Agreement, Attorney
shall reassume representation of any such defendant or juvenile and the payments
made to Attorney at the
Fifty-Five Dollars ($55.00) per hour rate shall be credited against the flat
fee that would otherwise be due to
Attorney under Section III(A).
Deborah A. Liverence Conflict Agreement
Page 6 of 13
H. Ordinarv Expenses. The parties contemplate and agree that ordinary expenses
involved in
the representation of indigent defendants, juveniles, and witnesses are not
reimbursable, but instead are
included in the contract prices stated above.
Ordinary expenses include, but are not limited to:
Office
overhead, facsimiles, postage, copying expenses, computer and Westlaw/Lexis
charges, messenger services,
support staff expenses, office supplies, mileage, and travel and lodging expenses.
I. Extraordinarv Expenses.
Attorney must
apply for reimbursement of extraordinary
expenses to the assigned trial judge in the applicable court before incurring
any such expenses and shall
submit all such bills to the assigned trial judge for review and approval
at the time of billing. Extraordinary
expenses include, but are not limited to, transcripts, clothing for a defendant
or juvenile, depositions,
subpoena fees, and an unusually large number of copies or phone calls.
IV.
ASSIGNMENT OF CASES AND CLAIMS SUBMISSION AND PAYMENT PROCEDURES
A. Case Assie:nments.
Case assignments will be made to Attorney by the Public Defender's
Office and/or the Legal Defender's Office, as applicable, through use of an
Individual Conflict Contract
Addendum ("Addendum"), which will be in a form similar to Exhibit A attached
hereto.
B. Submission of Claims.
Attorney must submit a claim for payment in one of the following
manners:
1. Submit a countersigned Addendum to the Public Defender's Office within six months
of
receiving assignment of the case in order to receive payment in accordance with
Section
IlI(A) above. The Public Defender's Office will grant extensions upon receipt
from Attorney
of adequate written request and justification.
2. Submit a request for additional compensation to the trial court pursuant to
Section m(C) of
this Agreement within six months of receiving assignment of the case. Final
billing pursuant
to Section m(C) must be submitted with six months of court approval for additional
compensation pursuant to Section III(C).
Extensions may be granted upon written request
and justification.
3. Submit a written claim to the Public Defender's Office pursuant to Section III
(B), ill1 ill1
!E1 ill}, or ill within six months of receiving assignment of the case.
Such written claim
must clearly indicate the time spent on the case. The time shall be broken down
into 1/1 0 of
an hour increments.
C. Payment of Claims. The Public Defender's Office shall expedite processing of
all submitted
claims and forward the same to the Mohave County Financial Services Department
for payment no later than
fourteen days after receipt and resolution of any issues regarding any such
submission.
V.
EARLY TERMINATION
A. Termination Without Cause.
The parties may terminate this Agreement at any time if
they mutually agree to do so in a written document signed by both parties.
In addition, either party to this
Agreement may terminate this Agreement unilaterally, with or without cause,
prior to the normal expiration
Deborah A. Liverence
Conflict Agreement
Page 7 of 13
of its term by providing the other party with no less than thirty (30) days
advance written notice of
termination.
B. Termination for Cause.
Mohave County may terminate this Agreement unilaterally
prior to the normal expiration of its term by providing Attorney with no less
than five (5) days advance
written notice of termination in the event that Attorney commits a substantial
breach of Attorney's
obligations or warranties under this Agreement.
C. Post- Termination Oblieations.
In the event that this Agreement is terminated prior to the
normal expiration of its term, Attorney shall not be required to accept appointments
to provide legal
representation to indigent criminal defendants, juveniles, or witnesses after
the date of termination of this
Agreement. However, Attorney shall continue to represent any indigent criminal
defendants, juveniles, and
witnesses Attorney was appointed to represent under the terms of this Agreement
prior to the early
termination date until Attorney's obligations hereunder have been discharged
as to those defendants,
juveniles, and witnesses, except as otherwise set forth in Section HI(G),
notwithstanding any early
termination of this Agreement; provided, however, that if the Public Defender
determines that it will be in
the best interest of the affected indigent defendant(s),juvenile(s) and/or
witness(es) to release Attorney from
all or a portion of those obligations and advises Attorney in writing of such
determination, Attorney shall be
released from said obligations in accordance with the Public Defender's determination,
and the Public
Defender's Office will be responsible for providing the designated representation.
D. Conflict of Interest.
Anything in this Agreement to the contrary notwithstanding, the
parties are hereby put on notice that this Agreement is subject to cancellation
or termination by Mohave
County pursuant to A.R. S. S 38-511, the provisions of which are incorporated
herein by this reference.
VI.
FURTHER NEGOTIA TONS
In the event that circumstances arise that may prevent Attorney from providing effective assistance of
counsel, the parties agree that the County, through the County Manager, or
his designee, and Attorney shall
confer and make reasonable efforts to reach an agreement or a temporary modification
of this Agreement
which will enable Attorney to provide effective assistance of counsel to the
indigent clients assigned to
Attorney under this Agreement.
VII.
INDEMNIFICA TION REQUIREMENTS
To the fullest extent permitted by law, Attorney shall defend, indemnify, and hold harmless the
County, the County's elected officials, officers, employees, agents, and other
officials from and against all
claims, damages, losses, and expenses (including but not limited to attorney
fees, court costs, arbitration
costs, mediation fees, expert witness fees, and the cost of appellate proceedings),
relating to, arising out of,
or alleged to have resulted from the acts, errors, mistakes, omissions, work
or services of Attorney,
Attorney's employees and/or agents, and/or any tier of Attorney's subcontractor(s).
Attorney's duty to
defend, hold harmless and indemnify the County, the County's elected officials,
officers, employees, agents,
and other officials shall arise in connection with any claim, damage, loss,
or expense that is attributable to
bodily injury, sickness, disease, death, or injury to, impairment, or destruction
of person or property,
including loss of mobility, income, or other use resulting therefrom, caused
in whole or in part by any act,
error, mistake, omission, work or service of Attorney, Attorney's agents,
anyone Attorney directly or
Deborah A. Liverence Conflict Agreement
Page 8 of 13
indirectly employs, any tier of Attorney's subcontractor(s), or any other
person for whose acts, errors,
mistakes, omissions, work or services Attorney may be liable, regardless of
whether it is caused in part by a
party indemnified hereunder.
The provisions of this Section shall survive the expiration or early termination of this Agreement.
VIII.
MISCELLANEOUS
A. Entire Ae:reement; Amendment.
This Agreement, including any amendments hereto,
constitutes the entire agreement and understanding between Mohave County and
Attorney with respect to,
and supersedes any and all prior agreements, understandings, negotiations,
and representations regarding, the
subject matter of this Agreement; provided, however, that anything to the
contrary herein notwithstanding,
this Agreement shall not be deemed to supersede nor in any way invalidate
any other written contract
between Mohave County and Attorney that currently may be in effect. This Agreement
may only be
amended in writing upon mutual agreement of Mohave County and Attorney.
B. Partial Invaliditv: Severability.
If any term, condition or provision of this Agreement or
the application thereof to any person or circumstance shall, at any time during
the term of this Agreement, or
to any extent, be deemed by a court of competent jurisdiction to be invalid
or unenforceable, the remainder
of this Agreement, or the application of such term, condition or provision
to persons or circumstances other
than those to which this Agreement is found to be invalid or unenforceable
shall not be affected thereby and
each remaining term, condition or provision of this Agreement shall remain
valid and enforceable to the
fullest extent permitted by law.
C. Independent Contractor Status.
This Agreement does not create an employee/employer
relationship between the parties.
Rather, it is understood and agreed that Attorney at all times shall be
deemed an independent contractor of the County and not an employee of the
County, for all purposes,
including but not limited to the application of the Americans with Disability
Act, Fair Labor Standards Act,
minimum wage and overtime payments, Federal Insurance Contribution Act, the
Social Security Act, the
Federal Unemployment Tax Act, the provisions of the Internal Revenue Code,
any applicable revenue and
taxation law, the Arizona Workers Compensation law, and the Arizona unemployment
insurance law, and
that employees of Attorney shall in no event be deemed to be employees of
Mohave County. Subject to the
parameters of this Agreement, Attorney will retain sole and absolute discretion
in the judgment of the
manner and means of carrying out Attorney's activities and responsibilities
hereunder. Attorney agrees that
Attorney is a separate and independent enterprise from Mohave County, Attorney
has a full opportunity to
find other business, Attorney has made Attorney's own investment in Attorney's
business and Attorney will
utilize a high level of skill necessary to perform the work, including all
services required to be performed by
A ttorney hereunder.
This Agreement shall not be construed as creating any joint employment relationship
between Attorney and Mohave County, and Mohave County will not be liable for
any obligation incurred by
Attorney, including but not limited to unpaid minimum wages, overtime premiums,
withholdings of taxes for
Attorney
and! or Attorney's
employees and/or
the withholding and
payment of Social Security,
unemployment payments, and any other withholdings or payments required by
law including estimated taxes
(if applicable) for Attorney or Attorney's employees. No agency relationship
shall exist between the parties
as a result of the execution of this Agreement.
Deborah A. Liverence Conflict Agreement
Page 9 of I 3
Attorney shall complete and provide to Mohave County an Internal Revenue Form
W9 (Request for
Taxpayer Identification Number and Certification) for the purpose of Mohave
County's Internal Revenue
Service 1099 Form reporting.
D.
Construction; Section Headine:s. Whenever the context of this Agreement
requires, the
singular shall include the plural, and the masculine, neutral or feminine
shall include each of the other. This
Agreement is the result of negotiations between the County and Attorney and
shall not be construed for or
against the County or Attorney as a consequence of either party's role or
the role of either party's attorney in
the preparation or drafting of this Agreement or any amendments hereto. The
Section Headings contained in
this Agreement are for the convenience and reference of the parties and are
not intended to define or limit the
meaning or scope of any provision of this Agreement.
E.
Choice of Law; Venue. This Agreement is made and to be performed in the State of Arizona
and shall be construed, enforced, and governed by the internal, substantive
laws of the State of Arizona
without regard to conflict of law principles. The venue for any lawsuit arising
between the parties under this
Agreement shall be the Superior Court in Mohave County, Arizona.
F.
Inurement; Assie:nment; Subcontractine:. Except as provided in this Agreement to the
contrary, all of the terms, covenants and conditions of this Agreement shall
be binding upon, and shall inure
to the benefit of, each party and the successors and assigns of each party.
Attorney shall not assign nor sub-
contract Attorney's rights, duties, or obligations under this Agreement without
the prior written consent of
Mohave County.
G.
Notices. All notices required or permitted to be given under this Agreement
shall be in
writing and shall be given by facsimile, personal delivery, deposit with an
overnight express delivery service,
such as Federal Express, or deposit in the United States Mail, certified or
registered mail, return receipt
requested, postage prepaid, addressed to the applicable address set forth
below, or such other addresses as
hereafter may be designated by prior notice, in writing. Notices pursuant
to this Agreement shall be sent to:
For Mohave County:
For Attorney:
Mohave County Public Defender
Deborah A. Liverence
316 North Fifth Street
P.O. Box 1228
P. O. Box 7000
Kingman, AZ 86402-1228
Kingman, AZ 86402-7000
Facsimile No. (928) 753-0793
Facsimile No. (928) 753-6714
With a COpy to:
Mohave County Board of Supervisors
A TTN: Mohave County Manager
700 West Beale Street
P.O. Box 7000
Kingman, Arizona 86402-7000
Deborah A. Liverence Conflict Agreement
Page 10 of 13
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Facsimile No. (928) 753-0732
Notices under this Section shall be deemed complete and effective on the date delivered, if given by
facsimile, personal delivery or overnight express delivery service, or four (4) days after the date of deposit in
the Mail, if sent through the United States Mail.
H.
Compliance with Laws; Non-Discrimination. Attorney and Attorney's
employees and
agents shall at all times comply with all applicable federal, state and local laws, statutes, ordinances, rules,
regulations, and codes, and all orders and decrees of bodies or tribunals having jurisdiction or authority,
which may in any manner affect the provision of services under this Agreement. In addition, Attorney shall
not illegally discriminate on the grounds of race, color, religion, sex, age, national origin, political affiliation,
or disability in any contacts with the public with regard to work to be performed under this Agreement nor in
regard to employment opportunities.
I.
Counterpart Sie:natures; Facsimile Sie:natures. This Agreement
may be executed in any
number of counterparts, each of which shall be deemed a duplicate original and all of which when taken
together shall constitute one and the same document. Counterparts are effective
and binding when this
Agreement has been executed by all the parties. In addition, facsimile signatures may be accepted and shall
be binding in place of original signatures.
BALANCE OF PAGE LEFT BLANK INTENTIONALLY
Deborah A. Liverence Conflict Agreement
Page 11 of ] 3
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IX. SIGN
A TURES
By their signatures set forth below, Mohave County and Attorney, by and through
their
representatives duly authorized to execute this Agreement and bind their respective entities to the terms and
obligations contained herein, agree to and accept the terms, conditions, provisions, and obligations of this
Agreement.
MOHA VE COUNTY, ARIZONA ATTORNEY
By and with the Consent of the Deborah A. Liverence
Mohave County Board of Supervisors
By:
By:
Tom Sockwell,
Mohave County Board Chairman
Arizona Bar No. 016972
ACKNOWLEDGED AND RECOMMENDED:
MOHA VE COUNTY P Ie DEFENDER
B ~.~... ...
APPROVED AS TO FORM
MOHA VE COUNTY ATTORNEY
By: ~.,..i 'i ~ ~1
Deborah L. Herbert
Chief Civil Deputy County Attorney
Deborah A. Liverence
Conflict Agreement
Page 12 of 13
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Law Offices of the
Mohave County Public Defender
P.O. Box 7000
DANA P. HLAVAC
Kingman, AZ 86402-7000
Public Defender
PHONE 928/753-0734
FAX 928/753-0793
E-MAIL pubdef@co.mohave.az.us
Individual Conflict
Contract Addendum
Pursuant to the contractual terms entered into between the undersigned attorney and the Law Offices of the Mohave
County Public Defender, the Mohave County Public Defender assigns, and the undersigned attorney accepts the
following case:
State v
Contract Attorney: Deborah A. Liverence Case #:
Next Appearance:
Type of Appearance:
Court: KJC/CJC
BHCJC LHCJC
Division III, Hon Conn Division I, Hon Gurtler
Division II, Hon Bartlett Division V, Hon Moon
Division IV, Hon Chavez Division VI, Hon Weiss
Standard Fee: PDa Rep
Contract Atty.
$770
(Felony)
$440
(Misdemeanor; 2 or
more pending
felonies; Juvenile;
Probation Violations)
Assigned by:
Date:
Accepted by:
Date:
This form must be submitted for payment within six months of assignment, along
with any additional expenses
incurred which fall under the terms of the original conflict contract. A copy
of this addendum will be submitted to
the appropriate Court for their records when this addendum is accepted by the
Contract Attorney.
cc: KJC/CJC
LHCJC
BHCJC
Clerk of Superior Court
EXHIBIT "A"
Deborah A. Liverence
Conflict Agreement
Page 13 of 13