Indigent Defendant Attorney Agreement

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AGREEMENT FOR COUNSEL SERVICES
IN THE EL MIRAGE CITY COURT
THIS AGREEMENT is made and entered into by and between the 
CITY OF EL MIRAGE, an Arizona municipal corporation (hereinafter “CITY”), and
James Palestini, a licensed attorney in the State of Arizona (hereinafter 
“ATTORNEY”).  This Agreement is effective as of April 1, 2022.
RECITATIONS
The CITY OF EL MIRAGE MUNICIPAL COURT (hereinafter 
COURT) requires legal assistance for in-custody and out-of-custody defendants, 
and CITY desires to provide legal counsel to qualified indigent defendants.
James Palestini, is an Attorney at Law licensed to practice in the State of 
Arizona, interested in providing such services.  Now, therefore, the parties agree 
as follows:
COVENANTS
1. This Agreement is for the representation of indigent defendants in the 
COURT.  ATTORNEY is responsible for being available for approximately 1 hour
on Tuesday mornings and once every two months Tuesday afternoons 
approximately between 1:00 pm to 3:00 pm for the term of this Agreement.  Any 
bench trial, substantive motion/post-conviction hearing, contested probation 
violation hearing, and evidentiary hearing, or any other significant litigation may 
need to be scheduled at other times according to the schedule of the COURT, 
ATTORNEY, and prosecutor.
2. ATTORNEY shall provide assistance and advice to defendants as 
advisory counsel at arraignment court sessions and in some cases, may be 
appointed to represent defendants for the entirety of their case.  ATTORNEY 
shall not later represent any defendants for a fee for whom ATTORNEY served 
as arraignment or jail court counsel in the same case.  ATTORNEY also shall not 
solicit such defendants for future representation for a fee.
3. ATTORNEY shall personally consult with defendants prior to and during 
court sessions, argue release conditions, negotiate plea agreements, represent
defendants pertaining to substantive motions, evidentiary hearings, probation 
matters, appeals, post-conviction proceedings, change of plea proceedings, 
sentencings, trials and any other matter necessary to represent the defendant’s 
best interests. ATTORNEY shall provide each client with advice and information 
regarding the defendant’s legal rights and obligations, explaining the practical 
implications of the client's possible choices.  In the event a defendant does not 
enter into a plea agreement or requests a trial, or the case is not otherwise 
disposed of at the arraignment court session, the COURT may appoint 
ATTORNEY to represent the defendant if that defendant qualifies for a public

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defender or it is in the interests of justice for the COURT to appoint ATTORNEY.
.
4. The COURT shall promptly notify ATTORNEY of any anticipated 
changes in court schedules or locations.
5.  ATTORNEY shall provide substitute counsel licensed to practice in the 
state of Arizona when unable, for any reason, to appear in COURT or as set forth 
in paragraph 1.  Substitute counsel shall not be used routinely. In general, 
substitute counsel should be used only when ATTORNEY cannot appear in 
COURT because of illness, pre-scheduled vacation or counsel is ordered by a 
court of precedence to appear in another court.  ATTORNEY shall provide the 
CITY with the name(s), address(es), telephone number(s) and professional 
resumes of substitute counsel who may be responsible for providing 
ATTORNEY’S services under this Agreement. Substitute counsel shall abide by 
the terms of this contract.  Attorney is responsible for paying substitute counsel 
and shall not receive any additional compensation from the CITY to compensate 
substitute counsel.  The CITY shall have no obligation to compensate substitute 
counsel.
6.  Agreement Period and Renewal Option: The term of this Agreement 
shall be from April 1, 2022 through March 31, 2023.  Not less than sixty (60) days 
prior to the conclusion of the Agreement, the CITY shall determine whether or not 
to extend a one (1) year renewal option to ATTORNEY, and whether there will be 
any change in compensation for the ensuing year. In the event the Agreement is 
not renewed by the CITY, ATTORNEY shall complete all active cases and shall 
consult with the CITY regarding the full completion of his responsibilities in 
accordance with provisions contained in this Agreement.
7. The CITY will compensate ATTORNEY for all services required 
pursuant to this Agreement in the amount of $625 per month, paid within 10 days 
of the first of the month following the services performed.
8. ATTORNEY will not be required to pay for interpreter services for non-
English speaking defendants for any in-court proceedings.  CITY shall provide 
adequate interview space for use by ATTORNEY in the execution of his/her 
duties while arraignment court is being conducted.  CITY also shall provide ease 
of access to arraignment court for ATTORNEY when he/she is there to carry out 
the provisions of this Agreement.
9. ATTORNEY shall be responsible for normal costs incident to the 
assistance of indigent defendants in COURT pursuant to this Agreement, 
including but not limited to: office space, telephones, transportation, parking, 
office supplies, office overhead, compensation of substitute counsel, secretarial 
services, photocopies, printing, binding, Internet access and e-mail service.
10.  ATTORNEY shall have an office or make arrangements to use an

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office that is located within Maricopa County to provide personal consultation with 
clients when requested and otherwise appropriate.
11. Termination: Either party may terminate this Agreement for any cause 
or for no cause upon thirty days written notice to the other party. The date the 
termination notice is delivered or mailed shall be deemed to be the date the 
respective notice periods begin.
ATTORNEY must at all times remain an active member in good standing 
of the State Bar of Arizona.  The CITY may, upon written notice to ATTORNEY, 
immediately terminate this Agreement if the CITY determines that the 
ATTORNEY has been disbarred, suspended or otherwise lawfully prohibited from 
practicing law. ATTORNEY must immediately inform the CITY of any changes in 
ATTORNEY'S bar membership status.  Failure to maintain membership status 
and/or failure to promptly apprise the CITY of changes in status may result in 
immediate termination of this Agreement.
12. This Agreement shall be interpreted to avoid questions of unethical 
conduct by ATTORNEY or CITY.  The parties shall conform to the Rules of 
Professional Conduct as adopted by the State of Arizona.
13. This Agreement is not intended to and will not constitute, create, give 
rise to, or otherwise recognize a joint venture, or relationship, partnership or 
formal business organization of any kind, and the rights, obligations, and 
relationship of the parties shall be that of agency/independent contractor.  The 
parties agree that neither ATTORNEY nor any person supplied by ATTORNEY in 
the performance of his/her obligations under this Agreement are CITY 
employees, and that no rights of CITY civil service, retirement or personnel rules 
accrue to such persons.  ATTORNEY shall have total responsibility for all 
salaries, wages, bonuses, retirement, withholdings, worker's compensation, 
unemployment compensation, other employee benefits and all taxes and 
premiums appurtenant thereto concerning such persons; and shall save and hold 
the CITY harmless with respect thereto.
14. ATTORNEY will provide the Public Defender Contract Administrator 
with proof of malpractice coverage in an amount not less than $100,000 per 
incident/$300,000 aggregate.  Insurance shall remain in force during the term of 
the Agreement.  In the event ATTORNEY'S malpractice insurance is terminated, 
ATTORNEY shall immediately notify the Public Defender Contract Administrator 
and this Agreement shall be terminated.
15. The parties acknowledge that this Agreement is subject to cancellation 
by the CITY pursuant to the provisions of A.R.S. §38-511.
16. Under the provisions of A.R.S. §41-4401, ATTORNEY hereby 
warrants to CITY that ATTORNEY and each of its employees will comply with all

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applicable Federal Immigration laws and regulations, including but not limited to 
the Immigration Reform and Control Act of 1986 (IRCA), and A.R.S. §23-214(A) 
(hereinafter “Contractor Immigration Warranty”).  CITY may, at its sole discretion, 
conduct random verification of the employment records of ATTORNEY and any 
of his/her employees to ensure compliance with Contractor’s Immigration 
Warranty. ATTORNEY agrees to assist CITY in regard to any random verification 
performed.  ATTORNEY shall NOT be deemed to have materially breached the 
Contractor Immigration Warranty if ATTORNEY establishes that he/she has 
complied with the employment verification provisions prescribed by sections 
274A and 274B of the Federal Immigration and Nationality Act and the E-Verify 
requirements prescribed by A.R.S. §23-214, Subsection A.
17. ATTORNEY in performing under this Agreement shall not discriminate 
against any worker, employee or applicant, or any member of the public, 
because of race, color, religion, gender, national origin, age, or disability, nor 
otherwise commit an unfair employment practice.  ATTORNEY will take 
affirmative action to ensure that applicants are employed, and that employees 
are dealt with during employment without regard to their race, color, religion, 
gender or national origin, age or disability.  Such action shall include, but not be 
limited to, the following: employment, promotion, demotion or transfer; 
recruitment or recruitment advertising; layoff or termination; rates of pay or other 
forms of compensation; and selection for training, including apprenticeship.  
ATTORNEY further agrees that this clause will be incorporated in all 
subcontracts with all labor organizations furnishing skilled, unskilled and union 
labor, or who may perform any such labor or services in connection with this 
Agreement.
ATTORNEY further agrees that this Agreement contemplates personal 
service and that ATTORNEY will not enter into subcontracts, job-consultant 
agreements or subleases of this Agreement except under special circumstances 
to be delineated and agreed to in writing by ATTORNEY and the CITY.
18. In any dispute concerning an interpretation of this Agreement or 
concerning the work to be performed hereunder, the CITY shall make the final 
determination and that decision shall be binding on the parties.
19. Any provision in this Agreement which is determined to be invalid, void 
or illegal shall in no way affect, impair or invalidate any other provision, and 
remaining provisions shall remain in full force and effect.
20.  This Agreement shall be governed by and construed in accordance 
with the laws of the State of Arizona.

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IN WITNESS WHEREOF, the parties have caused this Agreement to be 
executed April 5, 2022.
CITY OF EL MIRAGE,
a Municipal Corporation
_________________________________
_________________
J. Crystal Dyches
James Palestini
City Manager 
Attorney at Law
ATTEST
_____________________________________
Sharon Antes, City Clerk
APPROVED AS TO FORM
______________________________________
Justin Pierce, City Attorney