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 . . , 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 . . . 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 . . . 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