171115-CONTRACT- VENDOR ADDITION 06-21-17.PDF
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SERIAL 171115-ROQ OUTSIDE LEGAL SERVICES
DATE OF LAST REVISION: June 21, 2017 CONTRACT END DATE: March 31, 2020
CONTRACT PERIOD THROUGH MARCH 31,2020
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for OUTSIDE LEGAL SERVICES
Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to
Maricopa County activities as awarded by Maricopa County on March 22, 2017.
All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the
vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts.
The contract period is indicated above.
AS/ab
Attach
Copy to: Office of Procurement Services
Doug fish, County Attorney
Thomas Liddy, Risk Management
(Please remove Serial 13102-ROQ from your contract notebooks)
SERIAL 171115-ROQ
BERRY LAW GROUP, PLLC, 1850 N. CENTRAL AVE., STE. 1150, PHOENIX, AZ 85004
COMPANY NAME: Berry Law Group, PLLC
DOING BUSINESS AS (DBA) NAME: Berry Law Group, PLLC
MAILING ADDRESS: 1850 N. Central Ave., Ste. 1150, Phoenix, AZ 85004
REMIT TO ADDRESS: Christopher J. Berry
Berry Law Group, PLLC
1850 N. Central Ave., Ste. 1150, Phoenix, AZ 85004
TELEPHONE NUMBER: 602-462-1141
FACSIMILE NUMBER: 602-462-1151
WEB SITE: www.berrylawgroup.com
REPRESENTATIVE NAME: Christopher J. Berry
REPRESENTATIVE TELEPHONE NUMBER: 602-462-1141
REPRESENTATIVE E-MAIL: cberry@berrylawgroup.com ;
admin@berrylawgroup.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM
THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
PAYMENT TERMS:
NET 15 DAYS
ATTACHMENT A
AREAS OF PRACTICE
AliusS OF PRACTICE RESPONDENTS AREA DE I
PRACHEE, PLEASE CHECK 1
,pondeets shall indicate on attachoOnt A4 the oreas of AND FLETURN WITH
pratien thnymRandEtory requirements for Heo section 2.1). RESPONSE
YES NO 1
fru"-DDt ted adOpt nanto fulfill the County Attorney's duties Under
ATTS § 11527 X
, Appellate; „
L I Attorney Conduct and Professionalism;
I Bond and Disclosure Counsel;
Civil Rights Defense; X
, Collections and Bankruptcw X
j Commercial Transactions and ,titigation;________
Constri Ction Contracts and litigation; it
j
Elections and Voting Rights:
Eminent Domain and Relocation;
Environmental;
X
1 General Governmental Practice (open Inleetings , public records,
I budget, etc.);
i Tort Liability; it
:
i i Health Care, including Public Health and Employee Seiseit c
i issuec;
; Public Housing;
it
mi
X
s : Insurance; it
—I-
I Intellectual Property;
1 Employment; it
i Land Use; it
1 Leg,ISlative Matters; i it
1 Medical Malpractice;
i, Mental Health;
i Real Estate: - . X
1 Section 1983 Civil Rights Defense; I _
; Property Tax Appeal; Tax tfen Sales and Foreclosures,
1 Treasurer's matters; IX
1 Public Contracts and Procurement
Public Fiduciary;
Public Official Liability;
Road, Building, Design and Construction or MolOtenance Liability; X
Workers Compensation,
SERIAL 171115-ROQ
BERRY LAW GROUP, PLLC
Max Hourly Max Hourly
Appellate Rate Attorney Conduct Rate
Senior Ptnr (16+) years $275 Senior Ptnr (16+) years $275
Partner (10-16) Partner (10-16)
Senior Associate (5-10) $200 Senior Associate (5-10) $200
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
Max Hourly Collections and Max Hourly
Civil Rights Defense Rate Bankruptcy Rate
Senior Ptnr (16+) years $275 Senior Ptnr (16+) years $275
Partner (10-16) Partner (10-16)
Senior Associate (5-10) $200 Senior Associate (5-10) $200
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
Commercial Transaction Max Hourly Construction Contracts and Max Hourly
and Litigation Rate Litigation Rate
Senior Ptnr (16+) years $275 Senior Ptnr (16+) years $275
Partner (10-16) Partner (10-16)
Senior Associate (5-10) $200 Senior Associate (5-10) $200
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
Risk-Trust Covered Tort Max Hourly Max Hourly
Claims Rate Employment Rate
Senior Ptnr (16+) years $275 Senior Ptnr (16+) years $275
Partner (10-16) Partner (10-16)
Senior Associate (5-10) $200 Senior Associate (5-10) $200
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
Max Hourly Section 1983 Civil Rights Max Hourly
Medical Malpractice Rate Defense Rate
Senior Ptnr (16+) years $275 Senior Ptnr (16+) years $275
Partner (10-16) Partner (10-16)
Senior Associate (5-10) $200 Senior Associate (5-10) $200
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
Max Hourly
Public Official Liability Rate
Senior Ptnr (16+) years $275
Partner (10-16)
Senior Associate (5-10) $200
Associate (0-5) $150
Paralegal/ "Law Clerk" $80
SERIAL 171115-ROQ
BERRY LAW GROUP, PLLC
PRICING SHEET: NIGP CODE 96149
Tei s: NET 15 Days
Vendor Number: VC0000006671
Certificates of Insurance Required
Contract Period: To cover the period ending March 31, 2020.
SERIAL 171115-ROQ
ATTACHMENT B
AGREEMENT
Respondent hereby certifies that Respondent has read, understands and agrees that acceptance by Maricopa County of the Respondent's
Offer will create a binding Contract. Respondent agrees to fully comply with all terms and conditions as set forth in the Maricopa
County Procurement Code, and amendments thereto, together with the specifications and other documentary forms herewith made a
part of this specific procurement
BY SIGNING THIS PAGE THE SUBMITTING RESPONDENT CERTIFIES THAT RESPONDENT HAS REVIEWED THE
ADMINISTRATIVE INFORMATION AND STANDARD CONTRACT'S TERMS AND CONDITIONS LOCATED AT
https://www.maricopa.gov/DocumentCenterNiew/6453 AND AGREE TO BE CONTRACTUALLY BOUND TO THEM.
RESPONDENT ACKNOWLEDGES AND UNDERSTANDS THAT THERE IS NO CONTRACT UNTIL IT IS APPROVED
BY THE MARICOPA COUNTY BOARD OF SUPERVISORS OR THEIR DELEGATE.
Berry Law Group, PLLC 81-0636856
RESPONDENT (FIRM) SUBMITTING PROPOSAL FEDERAL. T B ER, UNS fi
Christopher J. Berry, Managing Partner
PRINTED NAME AND TITLE AUTHORIZED -SIGN kTUkT
1850 N. Central Avenue, Ste. 1150 602-462-1141 /602-462-1151
ADDRESS TELEPHONE FAX #
Phoenix, AZ 85004 May 9, 2017
CITY STATE ZIP DATE
www.berrvlaweroup.com cberry@berrylawgroup.com
WEB SITE EMAIL ADDRESS
MARICOPA COUNTY, ARIZONA
BY:
CHAIRMAN, BOARD OF SUPERVISORS DATE
ATTESTED:
CLERK OF THE BOARD DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY DA1E
SERIAL 171115-ROQ
BITRCH & CRACCHIOLO, P.A., 702 EAST OSBORN RD., STE. 200, PHOENIX, AZ 85014
COMPANY NAME: Burch & Cracchiolo, P.A.
DOING BUSINESS AS (DBA) NAME
MAILING ADDRESS: 702 East Osborn Rd., Ste. 200, Phoenix, AZ 85014
REMIT TO ADDRESS: 702 East Osborn Rd., Ste. 200, Phoenix, AZ 85014
TELEPHONE NUMBER: (602) 274-7611
FACSIMILE NUMBER: (602) 234-0341
WEB SITE: www.bcattorneys.com
REPRESENTATIVE NAME: Brian Kav en
REPRESENTATIVE TELEPHONE NUMBER: (602) 234-9904
REPRESENTATIVE E-MAIL: bkaven@bcattorneys.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM p -
THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
PAYMENT TERMS:
NET 30 DAYS
ATTACHMENT A-1
AREAS 0 F, PRACTICE
, . AREAS OF PRACTICE RESPONDENTS AREA Of
PRACNCE, PLEASE CHECK
1 Resp.odent; 6411 iRdicate on atDdinient A-I Die arausof AND RETURN WITH
I pra0t4ttLiev meel. the Mandatorv ,eoureltvols, for see on Son P.1) • RESPONSE
YES NO
1 Uncontested adoptions to farIfit the Coanty ACtor ey's duties under X '
1... .R.S, § 15.127
1 Appellate;
1 Attorney Conduct and Profess nalism;
1 Bond and DisChnore Counsel; X
1 Civil RightS Defense; X
I Collections and Bankruptcy; X
I Commercial Transactions and Litigation;
I Construction Contracts and Litigation;
li EleeDOM and VatinIfRights;
i Eminent Domain and Relo ion; X
' Timm I X
Generni Governmental Practice (open so tiegs, public records,
budget, c X
Tort Liability;
1 Health Care, includin g Public Health and Employee ltc'netits Caeeragn
i Issues; X
1 Public HOtfsi
' i i X
1 Insurance; X
IntellectProperty;
i Employment;
I Land llse;-.
I Legislative Matters;
[Medical Malpractice;
;
'Mental Health;
i Reat EL:tate;
: —
1 ..Scctio:. 19$5 Civil Rights Ookose;
1 Property 7 an Appeals, 'Fa, i drri Sales and Foreclosures,
i Treasurer's matters; :
i Pubk Contracts and Pwoo:not i i
f Public Fiduciary;
i Public Official Liability;
i Road Building, Dsnigrs ansl Construction or Lainie e Liability;
worters Compensation.
SERIAL 171115-ROQ
BURCH & CRACCHIOLO, P.A.
RATES FOR ALL
AREAS OF PRACTICE Max Hourly Risk-Trust covered tort Max Hourly
MARKED IN A-1** Rate claims Rate
Senior Ptnr (16+) years $200 Senior Ptnr (16+) years $200
Partner (10-16) $190 Partner (10-16) $190
Senior Associate (5-10) $180 Senior Associate (5-10) $180
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $100 Paralegal/ "Law Clerk" $80
PRICING SHEET: NIGP CODE 96149
Terms: NET 30 Days
Vendor Number: VC0000007182
Certificates of Insurance Required
Contract Period: To cover the period ending March 31, 2020.
SERIAL 171115-ROQ
ATTACHMENT B
AGREEMENT
Respondent hereby certifies that Respondent has read, understands and agrees that acceptance by Maricopa County of the
Respondent's Offer will create a binding Contract. Respondent agrees to fully comply with all terms and conditions as set forth in the
Maricopa County Procurement Code, and amendments thereto, together with the specifications and other documentary forms herewith
made a part of this specific procurement
BY SIGNING THIS PAGE THE SUBMITTING RESPONDENT CERTIFIES THAT RESPONDENT HAS REVIEWED
THE ADMINISTRATIVE INFORMATION AND STANDARD CONTRACT'S TERMS AND CONDITIONS LOCATED AT
hftps://www.maricopa.gov/DocumentCenterNiew/6453 AND AGREE TO BE CONTRACTUALLY BOUND TO THEM.
RESPONDENT ACKNOWLEDGES AND UNDERSTANDS THAT THERE IS NO CONTRACT UNTIL IT IS APPROVED
BY THE MARICOPA COUNTY BOARD OF SUPERVISORS OR THEIR DELEGATE.
Burch & Cracchiolo, P.A. 86-0316924
RESPONDENT (FIRM) SUBMITTING PROPOSAL FEDERAL TAX ID NUMBER DUNS #
Brian Raven, Shareholder
PRINTED NAME AND TITLE
702 East Osborn Road_Suite 200 602-274-7611 / 602-234-0341
ADDRESS TELEPHONE FAX #
Phoenix AZ 85014 74e9/ -7°'
CITY STATE ZIP DATE
www.bcattorneys.com bkaven@bcattoineys.com
WEB SITE EMAIL ADDRESS
MARICOPA COUNTY, ARIZONA
BY:
CHAIRMAN, BOARD OF SUPERVISORS DALE,
ATTESTED:
CLERK OF THE BOARD DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY DATE
SERIAL 171115-ROQ
GOLDMAN & ZWILLINGER PLLC, 17851 NORTH 85TH ST., STE. 175, SCOTTSDALE, AZ 85255
COMPANY NAME: Goldman & Zwillinger PLLC
DOING BUSINESS AS (DBA) NAME:
MAILING ADDRESS: 17851 North 85th St., Ste. 175, Scottsdale, AZ 85255
REMIT TO ADDRESS: 17851 North 85th St., Ste. 175, Scottsdale, AZ 85255
TELEPHONE NUMBER: (480) 626-8483
FACSIMILE NUMBER: (480) 502-7500
WEB SITE: www.gzlawoffice.com
REPRESENTATIVE NAME: Scott H. Zwillinger
REPRESENTATIVE TELEPHONE NUMBER: (480) 626-8483
REPRESENTATIVE E-MAIL: docket@gzlawoffice.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM S-0
THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
PAYMENT TERMS:
NET 20 DAYS
ATTACTINT A-1
AREAS OF PRACTICE
RESPONDENTS AREA OF
AREAS OF PRACTICE PRACTICE, PLEASE CH ECX
Respondents shall indicate on at hinent A-I the areas of AND RETURN WITH
practice tfity meet the Mandatory requireme nb• for (sea st,ctiort , I). RESPONSE
YES NO
Uncontested adoptions to fulfill the County Attorney's duties under X
A.R.:I. 48-127
Appellate; X
Attorney Conduct and Professlo tans;
Bond and Disclosure Counsel;
Civil Rights Defense;
Collections and Faan&ru ptcy;
Commercial Transactions and Litigation;
Construction Contracts and Litigation;
Elections and Voting Rights:
Eminent Domain and Relocation; X
Environmental;
General Governmental Practice pen meetings publicrecords ,
budget, etc.);
Tort Liability; X
Health Care, Including Public Heath and Employee Benefits Coverage
Issues;
Public Housing; X
Immigration;
Insurance; X
Intellectual Property; X
Employment;
Land Use;
Legislative Matters;
Medical Malpractice; X
Mental Health; ,
Real Estate; X
Section 1983 Civil Rights Deter ,
Property Tax Appeals, Tax tier Sales and Foreclosures,
Treasurers matters;
Public Contracts and Procurement; X
Public Fiduciary;
Public Official Liability;
Road, Building, Design and Construction or Maintenance Liability;
Workers Compensation.
SERIAL 171115-ROQ
GOLDMAN & ZWILLINGER PLLC
Max Hourly Attorney Conduct and Max Hourly
Appellate Rate Professionalism Rate
Senior Ptnr (16+) years $275 Senior Ptnr (16+) years $275
Partner (10-16) $225 Partner (10-16) $225
Senior Associate (5-10) $200 Senior Associate (5-10) $200
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
Max Hourly Collections and Max Hourly
Civil Rights Defense Rate Bankruptcy Rate
Senior Ptnr (16+) years $275 Senior Ptnr (16+) years $275
Partner (10-16) $225 Partner (10-16) $225
Senior Associate (5-10) $200 Senior Associate (5-10) $200
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
Commercial Transaction Max Hourly Construction Contracts Max Hourly
and Litigation Rate and Litigation Rate
Senior Ptnr (16+) years $275 Senior Ptnr (16+) years $275
Partner (10-16) $225 Partner (10-16) $225
Senior Associate (5-10) $200 Senior Associate (5-10) $200
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
Elections and Voting Max Hourly General Governmental Max Hourly
Rights Rate Practices Rate
Senior Ptnr (16+) years $275 Senior Ptnr (16+) years $275
Partner (10-16) $225 Partner (10-16) $225
Senior Associate (5-10) $200 Senior Associate (5-10) $200
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
Risk-Trust covered tort Max Hourly Max Hourly
claims Rate Insurance Rate
Senior Ptnr (16+) years $275 Senior Ptnr (16+) years $275
Partner (10-16) $225 Partner (10-16) $225
Senior Associate (5-10) $200 Senior Associate (5-10) $200
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
Max Hourly Max Hourly
Employment Rate Legislative Matters Rate
Senior Ptnr (16+) years $275 Senior Ptnr (16+) years $275
Partner (10-16) $225 Pal ner (10-16) $225
Senior Associate (5-10) $200 Senior Associate (5-10) $200
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
SERIAL 171115-ROQ
GOLDMAN & ZWILLINGER PLLC
Max Hourly Max Hourly
Medical Malpractice Rate Real Estate Rate
Senior Ptnr (16+) years $275 Senior Ptnr (16+) years $275
Partner (10-16) $225 Pal tiler (10-16) $225
Senior Associate (5-10) $200 Senior Associate (5-10) $200
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
Section 1983 Civil Rights Max Hourly Max Hourly
Defense Rate Public Official Liability Rate
Senior Ptnr (16+) years $275 Senior Ptnr (16+) years $275
Pai tiler (10-16) $225 Partner (10-16) $225
Senior Associate (5-10) $200 Senior Associate (5-10) $200
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
Road, Building, Design
and Construction or Max Hourly
Maintenance Liability Rate
Senior Ptnr (16+) years $275
Partner (10-16) $225
Senior Associate (5-10) $200
Associate (0-5) $150
Paralegal/ "Law Clerk" $80
PRICING SHEET: NIGP CODE 96149
Terms: NET 20 Days
Vendor Number: VC0000004280
Certificates of Insurance Required
Contract Period: To cover the period ending March 31, 2020.
SERIAL 171115-ROQ
ATTACHMENT B
AGREEMENT
Respondent hereby certifies that Respondent has read, understands and agrees that acceptance by Maricopa County of the Respondent's
Offer will create a binding Contract. Respondent agrees to fully comply with all terms and conditions as set forth in the Marico-pa
County Procurement Code, and amendments thereto, together with the specifications and other documentary forms herewith made a
part of this specific procurement
BY SIGNING THIS PAGE THE SUBMITTING RESPONDENT CERTIFIES THAT RESPONDENT HAS REVIEWED THE
ADMINISTRATIVE INFORMATION AND STANDARD CONTRACT'S TERMS AND CONDITIONS LOCATED AT
https://www.maricopa.goviDocumentCenter/View/6453 AND AGREE TO BE CONTRACTUALLY BOUND TO THEM.
RESPONDENT ACKNOWLEDGES AND UNDERSTANDS THAT THERE IS NO CONTRACT UNTIL IT IS APPROVED
BY THE MARICOPA COUNTY BOARD OF SUPERVISORS OR THEIR DELEGATE.
Goldman & Zwillinger PLLC 45-5216197 01-352-0922
RESPONDENT (FIRM) SUBMITTING PROPOSAL FEDERAL TAX ID NUMBER DUNS #
Mark D. Goldman, Managing Member
PRINTED NAME AND TITLE AUTHORIZED SIGNATURE
17851 North 85th Street, Suite 175 (480) 626-8483 /(480) 502-7500
ADDRESS TELEPHONE FAX #
Scottsdale, AZ 85255 May 3, 2017
CITY STATE ZIP DATE
www.gzlawoffice.corn nittoldman@gziawoffice.com
WEB SITE EMAIL ADDRESS
MARICOPA COUNTY, ARIZONA
BY:
CHAIRMAN, BOARD OF SUPERVISORS DATE
ATTESTED:
CLERK OF THE BOARD DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY DATE
SERIAL 171115-ROQ
GONZALEZ LAW, LLC, 60 E RIO SALADO PARKWAY SUITE 900 TEMPE, AZ 85281
COMPANY NAME: Gonzalez Law, LLC
DOING BUSINESS AS (DBA) NAME: Gonzalez Law, LLC
MAILING ADDRESS: 60 E Rio Salado Parkway Suite 900 Tempe, AZ 85281
REMIT TO ADDRESS: 60 E Rio Salado Parkway Suite 900 Tempe, AZ 85281
TELEPHONE NUMBER: 480-565-6400
FACSIMILE NUMBER: 480-565-6401
WEB SITE: gnzlaw.com
REPRESENTATIVE NAME: Gerardo Gonzalez
REPRESENTATIVE TELEPHONE NUMBER: 480-565-6445
REPRESENTATIVE E-MAIL: jerry.gonzalez@gnzlaw.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM F .
THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
PAYMENT TERMS:
NET 30 DAYS
ATTACHMENT A-1
AREAS OF PRACTICE
RESPONDENTS AREA.
AREAS OF PRACTICE
OF PRACTICE, PLEASE
Respondent shall indicate on attachment A-I the areas of CHECK. _AND RETURN
practice they meet the Mandatory requirement for (see section II)... VI.TIII RESPONSE
TS NO
Uncontested adoptions- to fulfill the County Attorney', duties- mider A.R.S. 5
1-127
Appellatc
Aitomev Conduct and Profeciionalism ,./
Bona' aaad Disclosure Comneh
Civil Rights Defense.;
Collections, and Bankraptc -,c;
Commercial Transactions and Lit-leaner.:
Construction Contacts and 1.ingatiom -../
Elections and Vonng Right,:
Eminent Domain and Relocation;
Environmental;
Geareval C-Overnmontal Practice. (open meetinev. public recoodt, busizet, etc.);
Tort Liability:
Healfh C. including Public Healthd Employee Benefit Coverage
Issues;
Public Housing;
Tmlnifrat...;
inrurance:
Intellectual Property;
Employment;
Land Tale;
Legislanve Matters;
M..dical Mataractice,
Mental Health;
Real Ectate;
Section 1913 Civil Right, Defense;
?inpertv Tan Appeals, Tau Lien Sale,: and Foredo:ones,
Treacum-s matten;
Public Connects and Procurement;
Public Elan ' 7.
Public Oficial Liabiliiv; I
Road. Buildnin. Dethin and Construction or Maintenance liability;
Workers Compensation.
SERIAL 171115-ROQ
GONZALEZ LAW, LLC
Appellate, Commercial
and Construction
Litigation, Collection,
Insurance, Intellectual Max Hourly Risk-Trust covered tort Max Hourly
Property Rate claims Rate
Senior Ptnr (16+) years $300 Geraldo H. Gonzalez $275
Partner (10-16) $300 Dinita L. James $225
Senior Associate (5-10) $290 Jean-Marie Crahan $80
Associate (0-5) $240
Paralegal/ "Law Clerk" $90-$125
Commercial
Transactions,
Construction Contracts,
Real Estate, Public
Housing, Public
Employment, Public Max Hourly Contracts and Max Hourly
Official Liability Rate Procurement Rate
Dinita L. James $300 Senior Ptnr (16+) years $300
Gerardo H. Gonzalez $290 Partner (10-16) $300
Jean-Marie Crahan $240 Senior Associate (5-10) $240
Paralegal/ "Law Clerk" $90-$125 Paralegal/ "Law Clerk" $90-$155
PRICfNG SHEET: NIGP CODE 96149
Terms: NET 30 Days
Vendor Number: VS0000001450
Certificates of Insurance Required
Contract Period: To cover the period ending March 31, 2020.
SERIAL 171115-ROQ
ATTACHMENT B
AGREEMENT
Respondent hereby certifies that Respondent has read, understands and agrees that acceptance by Maricopa County of the
Respondent's Offer will create a binding Contract. Respondent agrees to fully comply with all terms and conditions as set forth in
the Maricopa County Procurement Code, and amendments thereto, together with the specifications and other documentary forms
herewith made a part of this specific procurement
BY SIGNING IHIS PAGE THE SUBMITTING RESPONDENT CERIIHES THAT RESPONDENT HAS REVIEWED
IHE ADMINISTRATIVE INFORMATION AND STANDARD CONTRACT'S TERMS AND CONDITIONS LOCATED
AT https://www.maricopa.gov/DocumentCenter/View16453 AND AGREE TO BE CONTRACTUALLY BOUND TO
RESPONDENT ACKNOWLEDGES AND UNDERSTANDS THAT 'MERE IS NO CONTRACT UNTIL IT IS
APPROVED BY THE MARICOPA COUNTY BOARD OF SUPERVISORS OR THEIR DELEGATE.
Gonzalez Law, LLC 81-1557609 08-017-7110
RESPONDENT (FIRM) SUBMITTING PROPOSAL FEDERAL TAX ID NUMBER DUNS #
Dinita L. James, Partner
PRINTED NAME AND '111LE AUTHORIZED SIGNATURE
60 E. Rio Salado Parkway, Suite 900 480-565-6400 / 480-565-6401
ADDRESS TELEPHONE FAX #
Tempe Arizona 85281 June 14, 2017
CITY STALL, ZIP DATE
gnzlaw.com dinitajames@gnzlaw.com
WEB SITE EM_AlL ADDRESS
MARICOPA COUNTY, ARIZONA
BY:
CHAIRMAN, BOARD OF SUPERVISORS DATE
ATTESTED:
CLERK OF THE BOARD DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY DATE
SERIAL 171115-ROQ
SCHMITT SCHNECK CASEY EVEN & WILLIAMS, P.C., 1221 E. OSBORN RD., STE. 105, PHOENIX,
AZ 85014
COMPANY NAME: Schmitt Schneck Casey Even & Williams, P.C.
DOING BUSINESS AS (DBA) NAME: Same as above.
MAILING ADDRESS: 1221 E. Osborn Rd., Ste. 105, Phoenix, AZ 85014
REMIT TO ADDRESS: 1221 E. Osborn Rd., Ste. 105, Phoenix, AZ 85014
TELEPHONE NUMBER: 602-277-7000
FACSIMILE NUMBER: 602-277-8663
WEB SITE: www.azbarristers.com
REPRESENTATIVE NAME: Timothy J. Casey
REPRESENTATIVE TELEPHONE NUMBER: 602-277-7000
REPRESENTATIVE E-MAIL: timcasey@azbarristers.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM
THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
PAYMENT TERMS:
NET 30 DAYS
AILACL T
iiiI1Hi1Iiii OF PRACTKE Ill RESPONDENTS PRACTICE, KEW AREA CNECR OF
Rasp dents th shall Indicate on attachment A-1 the for areas (see of section / AND RETURN WITH
meet the Mandat rements RESPONSE
Uncontested ad t II e u ty Attorney's under NO
A I 11111T4111111111111
Attorney d nd Professionalism; Manill=1111
Bond and Dedosure Counsel;
civil Rights Defense;
ColleCtioun and Bankruptcy;
Coserruction Contracts and Litigation; 111101.
Electiorn and Voting Sights; IIIIILW
trsiinent Domao and Relocation;
Cenerat Covernmestal Practice open meetings, public records _________
Tort LIability;
Health Care, Induding Public health and mpleyee Benefit, Coverage
Public Housing;
111
Intellectual PrOperty; 1111111111111M1
MU
La 1111111111111111M1
Legislative Ma e
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SCHMITT SCHNECK CASEY EVEN & WILLIAMS, P.C.
Max Hourly Attorney Conduct and Max Hourly
Appellate Rate Professionalism Rate
Senior Ptm- (16+) years $265 Senior Ptnr (16+) years $265
Partner (10-16) $210 Partner (10-16) $210
Senior Associate (5-10) $190 Senior Associate (5-10) $190
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
Commercial
Max Hourly Transactions and Max Hourly
Civil Rights Defense Rate Litigation Rate
Senior Ptnr (16+) years $265 Senior Ptnr (16+) years $265
Partner (10-16) $210 Partner (10-16) $210
Senior Associate (5-10) $190 Senior Associate (5-10) $190
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
Construction Contracts Max Hourly Elections and Voting Max Hourly
and Litigation Rate Rights Rate
Senior Ptnr (16+) years $265 Senior Ptnr (16+) years $265
Partner (10-16) $210 Partner (10-16) $210
Senior Associate (5-10) $190 Senior Associate (5-10) $190
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
General Government Max Hourly Risk Trust covered tort Max Hourly
Practices Rate claims Rate
Senior Ptnr (16+) years $265 Senior Ptnr (16+) years $265
Partner (10-16) $210 Partner (10-16) $210
Senior Associate (5-10) $190 Senior Associate (5-10) $190
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
Healthcare, including
Public Health and
Employee Benefits Max Hourly Max Hourly
Coverage issues Rate Employment Rate
Senior Ptnr (16+) years $265 Senior Ptnr (16+) years $265
Partner (10-16) $210 Partner (10-16) $210
Senior Associate (5-10) $190 Senior Associate (5-10) $190
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
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SCHMITT SCHNECK CASEY EVEN & WILLIAMS, P.C.
Max Hourly Max Hourly
Legislative Matters Rate Medical Malpractice Rate
Senior Ptm- (16+) years $265 Senior Ptnr (16+) years $265
Partner (10-16) $210 Partner (10-16) $210
Senior Associate (5-10) $190 Senior Associate (5-10) $190
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
Max Hourly Section 1983 Civil Rights Max Hourly
Mental Health Rate Defense Rate
Senior Ptnr (16+) years $265 Senior Ptnr (16+) years $265
Partner (10-16) $210 Partner (10-16) $210
Senior Associate (5-10) $190 Senior Associate (5-10) $190
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
Property Tax Appeals,
Tax Lien Sales and
Foreclosures, Treasurer's Max Hourly Public Contracts and Max Hourly
matters Rate Procurement Rate
Senior Ptrir (16+) years $265 Senior Ptnr (16+) years $265
Partner (10-16) $210 Partner (10-16) $210
Senior Associate (5-10) $190 Senior Associate (5-10) $190
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
Max Hourly Max Hourly
Public Fiduciary Rate Public Official Liability Rate
Senior Ptnr (16+) years $265 Senior Ptnr (16+) years $265
Partner (10-16) $210 Partner (10-16) $210
Senior Associate (5-10) $190 Senior Associate (5-10) $190
Associate (0-5) $150 Associate (0-5) $150
Paralegal/ "Law Clerk" $80 Paralegal/ "Law Clerk" $80
Road, Building, Design
and Construction or Max Hourly
Maintenance Liability Rate
Senior Ptnr (16+) years $265
Partner (10-16) $210
Senior Associate (5-10) $190
Associate (0-5) $150
Paralegal/ "Law Clerk" $80
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SCHMITT SCHNECK CASEY EVEN & WILLIAMS, P.C.
PRICING SHEET: NIGP CODE 96149
Terms: NET 30 Days
Vendor Number: VC0000007193
Certificates of Insurance Required
Contract Period: To cover the period ending March 31, 2020.
Maricopa County Bid 171115-R0Q
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ATTACHMENT B
AGREEMENT
Respondent hereby certifies that Respondent has read, understands and agrees that acceptance by Marieopa County of the Respondent's
Offer will create a binding Contract. Respondent agrees to fully comply with all terms and conditions as set forth in the Maricopa
County Procurement Code, and amendments therein, together with the specifications and other documentary forms herewith made a
part of this specific procurement
BY SIGNING THIS PAGE I HE SUBMITTING RESPONDENT CERTIFIES THAT RESPONDENT HAS REVIEWED 'I Ht.
ADMINISTRATIVE INFORMATION AND STANDARD CONTRACT'S TERMS AND CONDITIONS LOCATED AT
https://www.maricopa.gov/DocumentCenterNiew16453 AND AGREE To BE CONTRACTUALLY BOUND TO THEM.
RESPONDENT ACKNOWLEDGES AND UNDERSTANDS THAT THERE IS NO CONTRACT UNTIL IT IS APPROVED
BY THE MARICOPA COUNTY BOARD OF SUPERVISORS OR THEIR DELEGATE.
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CITY STATE LIP DATE
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MARICOPA COUNTY, ARIZONA
BY:
CHAIRMAN, BOARD OF SUPERVISORS DA1E
ATTESTED:
CLERK OF THE BOARD DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY DA1
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OUTSIDE LEGAL SERVICES
1.0 INTENT:
Maricopa County, on behalf of its "elected and appointed executives and officials of the County, their
employees and agents, in their respective official capacities,"(hereafter, "County") intends to select private
counsel to provide certain needed legal services for Maricopa County and for the Maricopa County Self-
Insured Trust (" the Trust").
This will be a Contract for Professional Services pursuant to Section MC1-355(D) (3) of the Maricopa
County Procurement Code. It is a requirements contract. No guarantees are made by the County as to any,
or the quantity of, cases or matters that may be assigned.
Pricing for services will be in two formats; fixed hourly rates for the Trust and lawyer/firm proposed rates
for all other matters. Respondents can submit under one or both areas of work.
Each Responder is invited to propose the hourly rate it would charge by case/matter type and by level or
category of persons whose time will be billed. Responders may propose a range of hourly rates in such
levels and categories. Not only in entering into contracts but also in assigning matters or cases, pricing will
be only one of many factors taken into consideration. In proposing rates, it is highly recommended that a
Responder quote its actual "most favored governmental rate" for its respective timekeepers.
Trust covered tort matters will continue to have the same maximum rates as have applied to contract, Bid
Serial 13102, which this contract will replace. Please see attached Exhibit 2 for those set maximum rates.
This Exhibit is also a sample foul' of proposal format that may be useful in preparing a response only for a
rate covering general county legal work.
Decisions about which lawyers and law firms, and the number of them, who will be selected to enter into a
contract from among the responders to this Request will be at the sole discretion of the County Attorney in
collaboration with the Administrator of the Trust. In selecting private counsel with whom to enter into a
contract, and in the assignment of cases or matters, no partiality or preference in the selection will be given
based upon or affected by political contributions or support provided or not provided by counsel or their
clients.
In the relatively recent past the County has specified the maximum hourly rate it will pay for various levels
or categories of persons whose time will be billed, no matter the nature of the work being assigned. In this
Request the County is adopting a methodology similar to that used by the Attorney General of the State of
Arizona.
The County reserves the right to add additional Counsel, at the County's sole discretion, in cases where the
currently listed Counsel are of an insufficient number or skill-set to satisfy the County's needs.
DEFINITION OF KEY TERMS:
"COUNSEL" means any Person who has a signed Contract with Maricopa County as set forth herein.
"PERSON" means any lawyer, group of lawyers or law firm.
"AUTHORIZED COUNTY REPRESENTATIVE" means the Purchasing Agency assigned to oversee the
finalized contract with the County. In general, this will be the County Attorney (in consultation with the
Administrator of the Maricopa County Self-Insured Risk Trust on matters covered by the Trust).
"CONTRACT ADMINISTRATOR" means the representative from the agency utilizing the finalized
contract.
Other governmental entities under agreement with the County may have access to services provided
hereunder (see also Section 3.5 and 3.6 below)
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2.0 SCOPE OF WORK:
2.1 Statements of Qualification will be considered for the full range of practice areas related to the
needs of County government, including, but not limited to: (Persons shall self-identify areas of
practice, See Attachment A-1).
Uncontested adoptions to fulfill the County Attorney's duties under A.R.S. § 8-127
Appellate;
Attorney conduct and professionalism;
Bond and disclosure counsel;
Civil rights defense
Collections and bankruptcy;
Commercial transactions and litigation;
Construction contracts and litigation;
Elections and voting rights;
Eminent domain and relocation;
Environmental;
General governmental practice (open meetings, public records, budget etc.);
Tort liability;
Health care, including public health and employee benefit coverage issues;
Public housing;
Immigration;
Insurance;
Intellectual property;
Employment;
Land use;
Legislative matters;
Medical malpractice;
Mental health;
Real estate;
Property tax appeals, tax lien sales and foreclosures, Treasurer's matters;
Public contracts and procurement;
Public fiduciary;
Public official liability;
Road, building, design and construction or maintenance liability,
Workers' compensation.
2.2 MANDATORY QUALIFICATIONS:
2.2.1 All Counsel shall be:
2.2.1.1 Licensed and in good standing with the State Bar of Arizona; or
2.2.1.2 Licensed and in good standing in the jurisdiction of the principal office in which
they primarily practice law.
2.2.2 Counsel shall supply a list of all attorneys presently proposed, and copies of the resumes
of those attorneys, expected to provide such services. After the award of a contract,
resumes of other attorneys proposed to be called upon to provide such services must be
supplied and approved before they may work on a case or matter.
2.2.3 Categories of Counsel and required experience:
2.2.3.1 Senior Partner (16 years plus)
2.2.3.2 Partner (10-16 years)
2.2.3.3 Senior Associate or of Counsel (5-10 years)
2.2.3.4 Associate (0-5 years)
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2.2.4 Qualifications of others for whom services may be billed:
2.2.4.1 Paralegals/Legal Assistants as defined by Rule 31(a)(2)(C) of the Rules of the
Supreme Court of Arizona
2.3 CONTRACT REQUIREMENTS:
2.3.1 This Contract will be governed by the laws of the State of Arizona and the tenns of the
Trust. The County does not pay for the preparation of letters of interest, statements of
qualifications, the fees and costs in negotiation of a contract with the County.
2.3.2 All Counsel shall maintain the required insurance coverage(s) set forth herein, for the
duration of the Contract and any extension of it.
2.3.3 The County Attorney, and the Administrator of the Trust if applicable, reserves the prior
right of approval regarding the assignment of the firm's personnel to engagements under
this Contract. At the written request of the County, the firm will immediately replace any
assigned personnel.
2.3.4 Any assignment to Counsel may be terminated upon written notice from the County
Attorney (and where applicable the Administrator of the Trust). In the event of such
action, Counsel will provide the necessary and appropriate assistance to transfer pending
matters to the County Attorney and/or successor Counsel.
2.3.5 No Counsel may pursue claims or engage in litigation against, or provide legal services
adverse to, the County or other Maricopa County Special Taxing Districts including but
not limited to: Flood Control District of Maricopa County, Maricopa County Stadium
District, Maricopa County Housing Authority, and Maricopa County Library District,
without first obtaining written permission to do so from the Maricopa County Board of
Supervisors (or District, if applicable). Counsel shall adhere in all respects to the
Arizona Supreme Court's Rules of Professional Conduct.
2.3.6 Except where the County Board of Supervisors has not waived an ethical conflict of
interest or the County has an unwaivable conflict of interest, Counsel's legal services
shall be carried out in cooperation with the County Attorney (and where applicable with
the Administrator of the Trust) in a manner consistent with Counsel's ethical obligations.
2.3.7 When deemed necessary and appropriate by the County and with agreement of the
County Attorney (and where applicable the Administrator of the Trust) Counsel may be
authorized to retain additional legal services from a qualified firm or individual in order
to complete an engagement. (See Section 2.6 Alternative Agreements).
2.3.8 When referral of a case or matter is made, the County Attorney (and where applicable the
Administrator of the Trust) will furnish Counsel all investigative and other materials
County has relative to the case or matter and will in their discretion conduct such
additional investigation as Counsel shall request.
2.3.9 Unless waived in general as to a particular case or matter by the County Attorney (and
where applicable the Administrator of the Trust), prior authorization by the Contract
Administrator is required for two or more Counsel to prepare or attend depositions,
hearings, meetings, etc. in any case.
2.3.10 When the special talents of lawyers or other members of Counsel's firm whose services
are not addressed in Section 2.2.1, may be of benefit to the client for which an
assignment has been made in a particular case or matter, fees for those services may be
negotiated between Counsel and the Contract Administrator independent of the
contracted fee structure. Any such additional services shall be billed at hourly rates or
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other negotiated fee structures, with prior written consent by the County Attorney (and,
where applicable, the Administrator of the Trust). All approvals shall be forwarded by the
Contract Administrator to the Office of Procurement Services (OPS).
2.3.11 Except as provided herein, actual, necessary expenses paid or incurred by Counsel in
connection with perfoimance hereunder will be reimbursed by County, when
accompanied by receipts. Counsel shall obtain prior written approval from the Contract
Administrator (and where applicable the Administrator of the Trust) before incurring
expenses in excess of $500.00.
2.3.12 Counsel shall promptly furnish copies of all pleadings, discovery requests and responses,
disclosure statements, medical reports, investigative reports, appellate briefs, and all
significant correspondence to the Deputy County Attorney supervising the case or matter
(and where applicable Administrator of the County's Self-Insured Trust).
2.3.13 Deposition requests and retention of expert consultants must be reviewed and pre-
authorized by County Attorney (and where applicable the Administrator of the County's
Self-Insured Trust). Counsel will promptly provide the supervising Deputy County
Attorney (and where applicable the Administrator of the County's Self-Insured Trust)
with a not more than two page report on the highlights of the deposition and a disc
containing the entire transcript.
2.3.14 Unless waived in writing, as soon after receipt of a lawsuit as is practical, Counsel shall
furnish County Attorney (and where applicable the Administrator of the County's Self-
Insured Trust) with a written evaluation of the merits of the case, an assessment of the
exposure, and a legal budget through trial. Thereafter, Counsel shall provide quarterly
status reports by the 15t h day of January, April, July and October of each year in which
the representation continues, as well as a special report of all events that significantly
affect the merits of the lawsuit or the exposure of the County. Counsel shall attend
meetings to discuss the lawsuit's status at the time and place as requested by County
Attorney and where applicable the Administrator of the County's Self-Insured Trust.
2.3.15 Unless waived in writing, all offers of compromise shall be promptly transmitted to
County Attorney (and where applicable the Administrator of the County's Self-Insured
Trust) together with Counsel's recommendation. The County Attorney's office (and
where applicable the Administrator of the County's Self-Insured Trust) will be
responsible for obtaining authority to respond to settlement proposals, and scheduling of
any matter before the Maricopa County Board of Supervisors.
2.3.16 Unless waived in writing, as soon as discovery has been completed and in any event no
later than three months prior to the date set for trial, Counsel shall discuss with County
Attorney (and where applicable the Administrator of the County's Self-Insured Trust) the
status of the lawsuit with any recommendations as to settlement. Counsel shall, at all
other times, discuss with the supervising Deputy County Attorney (and where applicable
the Administrator of the County's Self-Insured Trust) the advisability of attempting to
settle a lawsuit when it is in the best interest of the client to do so.
2.3.17 Whenever additional investigation is deemed desirable by Counsel and it can be provided
by use of investigators, Counsel shall notify and obtain pre-approval, in writing, from the
supervising Deputy County Attorney (and where applicable with the Administrator of the
County's Self-Insured Trust) of such need and they may elect to conduct such
investigation.
2.3.18 Counsel shall forward to the County Attorney for response all requests received from the
Arizona Auditor General relating to an assessment of liability and damages exposure in
any matter which has been referred to Counsel. Counsel shall cooperate with the County
Attorney, in responding to the Auditor General as efficiently as possible in order to
minimize the cost to County.
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2.3.19 Counsel agrees to act as co-counsel with the County Attorney on those cases where the
County Attorney's Office determines (and where applicable in consultation with the
Administrator of the County's Self-Insured Trust) that it is advisable to do so.
2.3.20 Counsel may, upon referral of a case or matter, decline to represent the proposed client.
Counsel may also withdraw from representation of a client when it would be ethically
improper to continue. In the event Counsel must either withdraw from a case or decline a
representation, the supervising Deputy County Attorney shall be immediately notified in
writing or by telephone if time is of the essence.
2.3.21 Counsel may be assigned to represent a client in any particular case or matter only by
decision of the County Attorney (and where applicable in consultation with the
Administrator of the County's Self-Insured Trust).
2.3.22 Counsel assignment may be withdrawn at any time in the discretion of the County
Attorney (and where applicable in consultation with the Administrator of the County's
Self-Insured Trust). If, however, the County Attorney is ethically conflicted under the
Rules of Professional Conduct promulgated by the Supreme Court of the State of
Arizona, Counsel may be assigned or withdrawn by decision of the Maricopa County
Board of Supervisors. If Counsel's assignment is withdrawn Counsel shall cooperate
fully with successor assigned Counsel.
2.3.23 If, during the term of this Contract or any renewal/extension thereof: (a) one or more of
the lawyers who are working on active cases or matters for the County leaves the
contracted firm to practice elsewhere in the County; or (b) the contracted firm dissolves,
divides, merges or otherwise undergoes a material change in its structure or governance,
then the County reserves the rights, which are not mutually exclusive:
2.3.23.1 To decide whether the departing lawyer(s) will continue to work on those active
cases or matters for the County;
2.3.23.2 To decide whether the contracted firm they are leaving will continue under this
Contract as to those active cases or matters and whether it will remain a party to
this Contract;
2.3.23.3 In the case of dissolution, division, merger or other material change of the
contracted firm, the County will consider requests to assign a contract if it is
determined that the firm, firms or lawyers being assigned the Contract meet the
Mandatory Qualifications.
2.3.24 During the term of this Contract, the County reserves the right to add additional Counsel
in instances where it has been determined in writing there is insufficient representation
capacity in specific practice areas, unique or specialized knowledge and skills required to
adequately represent the client are not available from currently contracted firms, or other
situations arise that in the sole discretion of the County Attorney (and, where applicable,
the Administrator of the Trust) require supplementing legal providers.
2.3.25 Counsel agrees to notify the County Attorney's Office and the client involved in any
engagement, if Counsel receives any inquiry or request for comment, information or
documents from the media. Counsel agrees NOT to respond to any such request without
the prior approval of both the County Attorney's Office and the involved client, and will
NOT issue press releases or participate in media interviews without the prior
authorization of the County Attorney (and where applicable the Administrator of the
County's Self-Insured Trust).
2.3.26 Counsel is expected to make all commercially reasonable efforts to maintain sufficient
qualified staff continuity throughout the duration of the contract. If, however, a change
becomes necessary, Counsel must promptly notify the Contract Administrator of the
potential unavailability of any key personnel as soon as Counsel becomes aware of such
circumstance. If such personnel are currently engaged in rendering services for the
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affected client at the time that the Counsel becomes aware of such potential
unavailability, the notice to the Contract Administrator must be immediate. Counsel
must, concurrently with such notice or within an agreed period of time thereafter, submit
a resume of any proposed personnel for substitution, but in no event later than such
personnel substitution. All personnel substitutions must be pre--approved in writing by
the Contract Administrator.
2.4 MISCELLANEOUS COUNSEL REQUIREMENTS:
2.4.1 The maximum reimbursement by the County for Counsel's copying or printing charges shall
be:
2.4.1.1 On a per matter or case basis, for the first 2,500 copies per month, the lesser of
$0.10 per page or the rate reimbursed to Counsel by its "most favored nation"
client; and
2.4.1.2 For larger volumes, to be negotiated and agreed to in advance by the Contract
Administrator. For such larger volumes, Counsel may be directed to have the
materials delivered to the Contract Administrator for in-County copying or to an
outside vendor approved by the Contract Administrator for volume copying.
2.4.1.3 No payment shall be made for miscellaneous charges for ordinary and customary
services (i.e., mileage within the County, parking, telephone or fax charges,
secretarial, clerical or administrative services, overtime, or for postal, parcel,
courier or other delivery services).
2.4.2 Other than agreed upon hourly charges of Counsel, no payment shall be made for costs
associated with the general expenses of legal research (Westlaw, LexisNexis, PACER or
other print or electronic research tools).
2.4.3 All costs over $500.00 must be pre-approved in writing.
2.4.4 All expert consultant and expert witness engagements must be pre-approved in writing.
Counsel may recommend such engagements but they will be made by the County
Attorney using his exemption from compliance with the County's Procurement Code in
anticipation or conduct of litigation, The Administrator of the County's Self-Insured
Trust may make such engagements in specific circumstances
2.4.5 All engagements for legal services under the contract require an assignment letter from
the County Attorney (and, where applicable, the Administrator of the County's Self
Insured Trust).
2.4.6 Any legal services performed without an applicable assignment letter exposes the
Counsel to the risk of not being paid for those services.
2.5 TRAVEL EXPENSES:
Travel time of Counsel for engagement-necessary travel may be billed at the agreed upon
hourly rate. Mileage expense will not be reimbursed for travel within the County. Any
travel related costs outside the County for the purpose of county matters shall be billed in
accordance with the County's contractor travel policy.
2.6 ALTERNATIVE AGREEMENTS:
2.6.1 If the County's legal representation requires specialized knowledge, skills or capabilities
beyond the resources of the Person engaged on a particular case or matter, the County,
through OPS, reserves the right to enter into supplemental agreements with other lawyers
irrespective of whether they are signatories to this Contract. Any supplemental
agreements will be limited to the scope of the defined case or matter and ordinarily will
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have with the same terms and conditions as this Contract. However, based upon the
unique characteristics of each case or matter, they may have a different compensation
structure or amount. Those decisions, including identifying the Person to engage are
reserved to the County Attorney (and, where applicable, the Administrator of the
County's Self-Insured Trust.).
3.0 PROCUREMENT REQUIREMENTS:
3.1 FACILITIES:
During the course of this Contract, the County may provide the Respondent with adequate
workspace or such other related facilities as may be required by Respondent to carry out its
obligations enumerated herein.
3.2 INVOICES AND PAYMENTS:
3.2.1 Counsel shall submit one (1) legible copy of their detailed invoice before payment(s) can
be made. At a minimum, the invoice must provide the following information:
• Company name, address and contact
• County bill-to name and contact information
• Contract Serial Number
• Court number and, if applicable, Risk Management file number
• Invoice number and date
• Payment telins
• Date of service
• Detailed description of services without disclosing attorney-client privileged,
work product protected, information
• Pricing per unit of purchase (breakdown of authorized billable fees)
• Title/Category of counsel or years of experience
• Mileage w/rate (if applicable)
• Arrival and completion time (if applicable)
o County reserves the right to request supporting documentation (access logs,
electronic reports) for all work performed on behalf of the County
• Sub-totals of costs and Counsel's fees (delineated separately)
• Total Amount Due
3.2.2 Counsel shall submit monthly billings for services rendered and expenses incurred.
Where the fee agreement is on an hourly charge basis, the billings shall conform to the
then-current ABA Uniform Task Based Billing Codes applicable to the matter or case.
3.2.3 All bills should be submitted no later than the 15th of the month following the month in
which the services were performed or expenses incurred, and must in any event be
submitted by the close of the month following the month in which the services were
performed or expenses incurred.
3.2.4 Professional service fees must be invoiced by:
3.2.4.1 Date service performed
3.2.4.2 Name or initials of person performing service with hourly rate
3.2.4.3 Each separate service noted with time charged by tenth of hour.
3.2.4.4 Counsel shall not block bill.
3.2.4.5 All billing shall also include the case name or matter number
3.2.4.6 County Attorney file number
3.2.4.7 Risk Management file number (if applicable)
3.2.4.8 Firm's file or matter number and all back-up support for legal fees and costs
3.2.4.9 A separate running total of fees for each case.
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3.2.5 Problems regarding billing or invoicing shall be directed to the using agency as listed on
the engagement letter.
3.2.6 Payment shall be made to the Respondent by Accounts Payable through the Maricopa
County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT)
process. After Contract Award the Contractor shall complete the Vendor Registration
Form located on the County Depaitment of Finance Vendor Registration Web Site
(h ttp ://www.ma ricopa.gov/Fin a nceNen d o rs.aspx).
3.2.7 Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County (ROT).
3.2.8 EFT payments to the routing and account numbers designated by the Counsel will
include the details on the specific invoices that the payment covers. Counsel is required
to discuss remittance delivery capabilities with their designated fmancial institution for
access to those details.
3.3 TAX: (SERVICES)
No tax shall be levied against labor. It is the responsibility of the Respondent to determine any and
all taxes and include the same in proposal price.
3.4 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE)
The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of
Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.
Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful
Respondent under this solicitation, a member of $AVE may access a contract resulting from a
solicitation issued by the County. If you do not want to grant such access to a member of $AVE,
please state so in your proposal. In the absence of a statement to the contrary, the County will
assume that you do wish to grant access to any contract that may result from this Request for
Proposal.
3.5 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA' s)
County currently holds ICPA's with numerous governmental entities throughout the State of
Arizona. These agreements allow those entities, with the approval of the Respondent, to purchase
their requirements under the terms and conditions of the County Contract. Please indicate on
Attachment A, your acceptance or rejection regarding such participation of other governmental
entities. Your response will not be considered as an evaluation factor in awarding a contract.
3.6 PUBLIC RECORDS:
Under Arizona law, all Offers submitted and opened are public records and must be retained by
the Records Manager at the Office of Procurement Services.
3.7 FURTHER ASSURANCES AND CORRECTIVE INSTRUMENTS:
The Parties will, from time to time, execute, acknowledge and deliver, or cause to be executed,
acknowledged and delivered, any corrective instruments as may be reasonably necessary to carry
out the intent of the Contract.
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3.8 PRICE ADJUSTMENTS:
At the County's sole discretion, any rate caps or other compensation arrangements may be
adjusted at the contract anniversary dates.
4.0 CONTRACTUAL AND SPECIAL TERMS & CONDITIONS:
4.1 CONTRACT TERM:
This ROQ is for awarding a requirements contract to cover a three (3) year period.
4.2 OPTION TO EXTEND:
The County may, at its option and with the approval of Counsel, renew the period of this Contract
up to a maximum of three (3) additional years (or at the County's sole discretion, extend the
contract on a month to month basis for a maximum of six (6) months after expiration). Counsel
shall be notified in writing by the Office of Procurement Services of the County's intention to
extend the Contract period at least thirty (30) calendar days prior to the expiration of the original
Contract period.
4.3 INDEMNIFICATION:
4.3.1 To the fullest extent permitted by law, Respondent shall defend, indemnify, and hold
hannless County, its agents, representatives, officers, directors, officials, and employees
from and against all claims, damages, losses and expenses, including, but not limited to,
attorney fees, court costs, expert witness fees, and the cost of appellate proceedings,
relating to, arising out of, or alleged to have resulted from the negligent acts, errors,
omissions, mistakes or malfeasance relating to the Respondent's performance of this
Contract. Respondent's duty to defend, indemnify and hold harmless County, its agents,
representatives, officers, directors, officials, and employees shall arise in connection with
any claim, damage, loss or expense that is caused by any negligent acts, errors, omissions
or mistakes in the performance of this Contract by the Respondent, as well as any person
or entity for whose acts, errors, omissions, mistakes or malfeasance Respondent may be
legally liable.
4.3.2 The amount and type of insurance coverage requirements set forth herein will in no way
be construed as limiting the scope of the indemnity in this paragraph.
4.3.3 The scope of this indemnification does not extend to any claim, damage, loss, or expense
resulting from the sole negligence of County.
4.3.4 The Indemnity language in this Section applies only to claims covered by Counsel's
professional liability insurance policy. It does not purport to make the County an
additional insured under that policy.
4.3.4.1 To the fullest extent permitted by law, Counsel shall indemnify, and hold
harmless County, its agents, representatives, officers, directors, officials, and
employees from and against all claims, damages, losses and expenses, including,
but not limited to, attorney fees, court costs, expert witness fees, and the cost of
appellate proceedings, relating to, arising out of, or alleged to have resulted from
the negligent or intentional actions or acts, errors, omissions, mistakes or
malfeasance caused in whole or in part by Counsel relating to work or services
in the perfoiniance of this contract, including anyone directly employed by
them, their agents or representatives.
4.3.4.2 The scope of this indemnification does not extend to the sole negligence of the
County or to errors by third parties.
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4.4 INSURANCE:
4.4.1 At Counsel's own expense, shall purchase and maintain the herein stipulated minimum
insurance from a company or companies duly licensed by the State of Arizona and
possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing,
the stipulated insurance may be purchased from a company or companies, which are
authorized to do business in the State of Arizona, provided that said insurance companies
meet the approval of County. The form of any insurance policies and forms must be
acceptable to County.
4.4.2 All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Contract is satisfactorily
completed and formally accepted. Failure to do so may, at the sole discretion of County,
constitute a material breach of this Contract.
4.4.3 Counsel's insurance shall be primary insurance as respects County, and any insurance or
self-insurance maintained by County shall not contribute to it.
4.4.4 Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect the County's right to coverage
afforded under the insurance policies.
4.4.5 The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to County under such policies. Counsel shall be solely
responsible for the deductible and/or self-insured retention and County, at its option, may
require Counsel to secure payment of such deductibles or self-insured retentions by a
surety bond or an irrevocable and unconditional letter of credit.
4.4.6 County reserves the right to request and to receive, within 10 working days, certified
copies of any or all of the herein required insurance certificates. County shall not be
obligated to review policies and/or endorsements or to advise Counsel of any deficiencies
in such policies and endorsements, and such receipt shall not relieve Counsel from, or be
deemed a waiver of County's right to insist on strict fulfillment of Counsel's obligations
under this Contract.
4.4.7 The insurance policies required by this Contract, except Workers' Compensation, and
Professional Liability, shall name County, its agents, representatives, officers, directors,
officials and employees as Additional Insureds.
4.4.8 The policies required hereunder, except Workers' Compensation, and Professional
Liability, shall contain a waiver of transfer of rights of recovery (subrogation) against
County, its agents, representatives, officers, directors, officials and employees for any
claims arising out of Counsel's work or service.
4.4.9 Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $2,000,000
Products/Completed Operations Aggregate, and $2,000,000 General Aggregate Limit.
The policy shall include coverage for bodily injury, broad foiiii property damage,
personal injury, products and completed operations and blanket contractual coverage, and
shall not contain any provision which would serve to limit third party action over claims.
There shall be no endorsement or modification of the CGL limiting the scope of coverage
for liability arising from explosion, collapse, or underground property damage.
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4.4.10 Automobile Liability:
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage
of not less than $2,000,000 each occurrence with respect to any of the Counsel's owned,
hired, and non-owned vehicles assigned to or used in performance of the Counsel's work
or services under this Contract.
4.4.11 Workers' Compensation:
Workers' Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Counsel's employees engaged in the performance of the
work or services under this Contract; and Employer's Liability insurance of not less than
$1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000
disease policy limit
4.4.11.1 Counsel waives all rights against County and its agents, officers, directors and
employees for recovery of damages to the extent these damages are covered by
the Workers' Compensation and Employer's Liability or commercial umbrella
liability insurance obtained by Counsel pursuant to this Contract.
4.4.12 Professional Liability:
Professional Liability insurance which will ensure and provide coverage with limits of
not less than $2,000,000.00 for each occurrence.
4.4.13 Certificates of Insurance.
4.4.13.1 Prior to commencing work or services under this Contract, Counsel shall furnish
the County with valid and complete certificates of insurance, or formal
endorsements as required by the Contract in the form provided by the County,
issued by Counsel's insurer(s), as evidence that policies providing the required
coverage, conditions and limits required by this Contract are in full force and
effect. Such certificates shall identify this contract number and title.
4.4.13.2 In the event any insurance policy or policies required by this contract is (are)
written on a "claims made" basis, coverage shall extend for two years past
completion and acceptance of Counsel's work or services and as evidenced by
annual Certificates of Insurance.
4.4.13.3 If a policy does expire during the life of the Contract, a renewal certificate must
be sent to County fifteen (15) days prior to the expiration date.
4.4.14 Cancellation and Expiration Notice.
Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without thirty (30) days prior written notice to the County.
4.5 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without
penalty or farther obligation within three years after execution of the contract, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County is at any time while the Contract or any extension of the Contract is in effect,
an employee or agent of any other party to the Contract in any capacity or consultant to any other
party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to
A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person
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significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County from any other party to the contract arising as the result of the Contract.
4.6 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa
County Office of Procurement Services shall be responsible for approving all amendments for
Maricopa County.
4.7 STRICT COMPLIANCE:
Acceptance by County of a performance that is not in strict compliance with the terms of the
Contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of
the Contract.
4.8 VALIDITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of the Contract.
4.9 RIGHTS IN DATA:
The County shall own and have use of all data and information, in whatever format, resulting from
this Contract without additional cost or other restrictions except as provided by law. Counsel shall
supply to the County, upon request, any data and information relevant to this Contract within ten
(10) working days from the date of the request, unless a longer response time is agreed to by the
County. Electronic data shall be provided in a comma delimited flat file or other commonly
accepted format, at the option of the County.
4.10 NON-DISCRIMINATION:
RESPONDENT agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09 including flow down of all provisions and requirements to any subcontractors.
Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and
may be viewed and downloaded at the Governor of the State of Arizona"s website
http://www.azgovernor.gov/dms/upload/E02009_09.pdf which is hereby incorporated into this
contract as if set forth in full herein. During the performance of this contract, RESPONDENT
shall not discriminate against any employee, client or any or any other individual in any way
because of that person"s age, race, creed, color, religion, sex, disability or national origin.
4.11 ISRAEL BOYCOTT:
By signing this Contract, the Respondent certifies that they are in compliance with Article 9,
Arizona Revised Statutes Section 35-393 et seq.
4.12 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION:
4.12.1 The undersigned (authorized official signing for the Responder) certifies to the best of his
or her knowledge and belief, that the Responder,
4.12.1.1 is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
Department or agency;
4.12.1.2 have not within 3-year period preceding this Contract been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or perfouning a
public (Federal, State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statues or commission of embezzlement,
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theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
4.12.1.3 are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (2) of this certification; and
4.12.1.4 have not within a 3-year period preceding this Contract had one or more public
transaction (Federal, State or local) teiminated for cause of default.
4.12.2 The Responder agrees to include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors) and in all solicitations for
lower tier covered transactions related to this Contract.
4.13 VERIFICATION REGARDING COMPLIANCE 'WITH ARIZONA REVISED STATUTES §41-
4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
4.13.1 By entering into the Contract, the Counsel warrants compliance with the Immigration and
Nationality Act (INA using e-verify) and all other federal immigration laws and regulations
related to the immigration status of its employees and A.R.S. §23-214(A). The Counsel
shall obtain statements from its subcontractors certifying compliance and shall furnish the
statements to the Procurement Officer upon request. These warranties shall remain in effect
through the term of the Contract. Counsel and its subcontractors shall also maintain
Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and
Control Act of 1986, as amended from time to time, for all employees performing work
under the Contract and verify employee compliance using the E-verify system and shall
keep a record of the verification for the duration of the employee's employment or at least
three years, whichever is longer. 1-9 forms are available for download at USCIS.GOV .
4.13.2 The County retains the legal right to inspect Counsel and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph 4.13.1
of this Section. Counsel and subcontractor shall be given reasonable notice of the County's
intent to inspect and shall make the documents available at the time and date specified.
Should the County suspect or find that the Counsel or any of its subcontractors are not in
compliance, the County will consider this a material breach of the contract and may pursue
any and all remedies allowed by law, including, but not limited to termination of the
Contract. All costs necessary to verify compliance are the responsibility of the Counsel.
4.14 INFLUENCE
As prescribed in MC1-1202 of the Maricopa County Procurement Code, any effort to influence an
employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct
may be grounds for Disbaiment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
4.14.1 A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type valuable contribution or
subsidy,
4.14.2 That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by the
Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided
by this contract.
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4.15 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
4.15.1 In accordance with section MCI-371 of the Maricopa County Procurement Code, Counsel
agrees that County or its duly authorized representative shall, at any time during normal
business hours before, and until the expiration of six (6) years after, final payment under
this Agreement and irrespective of whether the County has paid any or all of the firm's
invoices, have access to and the right to examine and audit any of the firm's books,
documents, papers, files, records and other materials and accounting procedures and
practices sufficient to reflect fully and properly all work perfoimed and services or costs
charged by the firm, and to adjust those charges or past payments by way of making
supplemental payments or obtaining refunds or credits against future billings in order to
assure compliance with the terms of the agreement and that in the final analysis the firms'
charges are reasonable. The County, Federal or State auditors and any other persons duly
authorized by the Depai tment shall have full access to, and the right to examine, copy
and make use of, any and all said materials.
4.15.2 If the Counsel's books, records , accounts, statements, reports, files, and other records
and back-up documentation relevant to this Contract are not sufficient to support and
document that requested services were provided, the Counsel shall reimburse Maricopa
County for services inadequately supported or documented. If at any time it is
determined by the County that a cost for which payment has been made is a disallowed
cost, the County shall notify the Counsel in writing of the disallowance and shall require
repayment of the disallowed amount by the Counsel by means of check made payable to
Maricopa County.
4.15.3 Upon conclusion or termination of any case, matter or assignment Counsel will deliver to
the County, or will store with the written agreement of the County, all the files, materials
and information related to such case, matter or assignment, in compliance with The Rules
of Professional Conduct promulgated by the Supreme Court of Arizona. If records are
stored by Counsel, Counsel agrees to adhere to the same records retention requirements
as the County. The County Attorney (and, where applicable, the Administrator of the
County's Self Insured Trust) shall at all times remain the custodian of these records, no
matter where they are stored, and will be responsible for assuring Counsel's compliance
and safeguarding of all records.
4.16 AUDIT DISALLOWANCES:
If at any time, County determines that a cost for which payment has been made is a disallowed
cost, such as overpayment, County shall notify the Respondent in writing of the disallowance.
County shall also state the means of correction, which may be but shall not be limited to
adjustment of any future claim submitted by the Respondent by the amount of the disallowance, or
to require repayment of the disallowed amount by the Respondent.
4.17 OFFSET FOR DAMAGES;
In addition to all other remedies at Law or Equity, the County may offset from any money due to
the Respondent any amounts Respondent owes to the County for damages resulting from breach
or deficiencies in perfoimance of the contract.
4.18 INTEGRATION:
This Contract represents the entire and integrated agreement between the parties and supersedes
all prior negotiations, proposals, communications, understandings, representations, or agreements,
whether oral or written, express or implied.
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4.19 WAIVER OF CLAIMS:
4.19.1 Counsel accepts the compensation provided in the Contract in lieu of any other claim(s),
demand(s), request(s) or compensation for the services that Counsel provides pursuant to
the Contract.
4.19.2 Counsel's obligations, including the duty of continuing representation, under this section
shall survive the termination or expiration of the Contract.
4.19.3 This section is not severable, in whole or in part, from any other provision of the
Contract. In the event any portion of the Contract is construed as invalid or
unenforceable, the Contract may be terminated in the sole discretion of the Contract
Administrator.
4.20 GOVERNING LAW:
This Contract shall be governed by the laws of the state of Arizona and the Rules of Professional
Conduct adopted by the Supreme Court of the State of Arizona. Venue for any actions or lawsuits
involving this Contract will be in Maricopa County Superior Court.