MWestervelt Pre Trial Conferences-FT

CITY OF GLENDALE 
PUBLIC DEFENDER FULL-TIME AGREEMENT 
This Public Defender Full-Time Agreement (" Agreement") made and entered into this 
first day of September 2021, by and between the City of Glendale, an Arizona municipal 
corporation ("City") and Michael Westervelt, Attorney at Law(" Attorney"). 
RECITALS 
A.
The City Manager of the City of Glendale is authorized and empowered by provisions of
the Glendale City Charter to execute contracts and contract amendments; and
B.
The City desires to provide legal counsel for the representation of indigent defendants
("Defendants") in the Glendale City Court ("Court"), where such representation is
required by the United States Constitution, the Arizona Constitution, and the Rules of
Criminal Procedure for the State of Arizona; and
C.
Attorney is licensed to practice law in the State of Arizona, is a member in good
standing with the State Bar of Arizona ("Bar"), is otherwise professionally qualified to
provide the desired services and is ready, willing and able to do so; and
D.
City and Contractor desire to memorialize their agreement with this document.
AGREEMENT 
1.
Term of Agreement. The term of this Agreement shall be for the period commencing
September 1, 2021 and expiring on August 31, 2022 ("Term").
2.
Renewal. Not less than 30 days prior to the end of the Term, City may extend this
Agreement for up to two additional one-year periods with the consent of Attorney. City
may change the rate of compensation applicable to each extension period.
3.
Fees. 
From September 1, 2021 to August 31, 2022, and for the duration of this
Agreement, the City will pay Attorney for all full-time legal services provided pursuant
to this Agreement, at the rate of $45,000 per annum, payable monthly at the rate of
$3,750. If less than a full calendar month is included at any time within the Term of this
Agreement, the monthly base compensation will be prorated for that month at a daily
rate. 
Attorney must submit a monthly invoice for payment to the Agreement
Administrator no later than the tenth day of the following calendar month for which
Attorney is billing. 
When requested, the invoice must be substantiated with the
appropriate statistical reports as referenced herein. In the event of termination prior to
the expiration date of this Agreement, Attorney will submit a final billing.
3.1 
Additional Fees. At the sole discretion of and upon written approval of the
Presiding City Judge or his/her designee ("Presiding Judge"), Attorney will be
paid enhanced compensation at the rate of $40.00 per hour for extraordinary
cases that because of the complexity of facts, legal issues or proceedings, create
significant additional work for Attorney. The filing of an appeal or a complaint
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for Special Action will not, by itself, support a decision to approve additional fee 
compensation. 
3.2 
Costs. Attorney will pay all costs and expenses incurred in the representation of 
Defendants, except as otherwise expressly provided in this Agreement. Costs for 
which the Attorney is responsible include, but are not limited to, office rent, 
telephone, computer, expenses related to the maintenance and operation of an 
office, transportation, photographs, photocopies, secretarial services, law clerks, 
transcripts (other than appeal transcripts), depositions and preparation of reports 
required by this Agreement. 
3.3 
Court Costs and Third-Party Fees. The Court will pay costs of interpreters and 
appellate transcripts. Subject to prior motion and approval, the Court may agree 
to pay reasonable compensation for other necessary support services such as 
expert witnesses, investigators, out of court interpreters, and blood samples, 
when a finding is made by a judge or judge pro-tern of the Court that such 
services are indispensable to the interests of justice. 
4.
Services. Attorney will provide legal representation to Defendants when appointed to
do so by a judge or judge pro-tern of the Court.
4.1 
Quality of Representation. 
Attorney will conduct the defense of assigned
Defendants diligently and professionally, consistent with standards set forth in
the Arizona Rules of Professional Conduct and case law defining the duties of
defense counsel in criminal cases.
4.2 
4.3 
4.4 
State Bar of Arizona Membership. Attorney must at all times remain an active 
member in good standing with the Bar. Attorney must immediately inform the 
Court Administrator of any changes in Attorney's active membership status and 
of any adverse Bar rulings. Failure to maintain membership status and/or failure 
to promptly apprise the Court Administrator of changes may result in the 
immediate termination of this Agreement. 
Availability. Attorney will maintain an office, or make arrangements to use an 
office, that is located within a 30-mile radius of the Court, to meet with 
Defendants, to accept telephone calls and to take messages during regular 
business hours. 
Caseload. No more than 400 cases will be assigned to Attorney during the Term 
of this Agreement, except at the request of Attorney and with written permission 
of the Court Administrator. If Attorney is appointed to represent a Defendant 
who has more than one court case pending, Attorney will be credited with one 
appointment for each additional court case associated with each Defendant. 
a.
Ethical Limitations. 
Attorney agrees not to accept representation of
clients, other than Defendants represented pursuant to this Agreement, to
the extent that such representation would increase the caseload beyond
the guidelines set forth in National Legal Aid and Defender Association,
American Council of Chief Defenders, Statement on Caseloads and Workloads,
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Resolution (August 24, 2007). On cases that Attorney views as unusually 
complicated, Attorney may make written requests to the Presiding Judge, 
requesting said case to be counted as more than one case toward 
Attorney's 400 caseload limit. Final determination will be made by the 
Presiding Judge. At no time shall Attorney's private practice caseload 
reach such a level, during his or her service as Public Defender, so as to 
jeopardize Attorney's ability to complete the 400 court cases specified in 
this Agreement. 
b.
Review of Caseload. To ensure effective representation of Defendants,
Attorney will review the assigned caseload quarterly during the Term of
this Agreement. The ABA standards and the guidelines set forth in
National Legal Aid and Defender Association Resolution will be employed
and Attorney will consider the number and complexity of cases assigned
during the quarter, the amount of time spent on those cases and
Attorney's capability to handle the caseload assigned. Additionally, upon
request, Attorney must provide a caseload report to the Presiding Judge
on a quarterly basis stating the number of completed cases and the
number of open cases for that quarter. 
Caseload reports must be
submitted to the Presiding Judge no later than April 10th, July 10th,
October 10th, and January 10th of each year. The caseload report will be
compiled in spreadsheet format and submitted electronically to the
Presiding Judge.
c.
Change in Defendant's Financial Circumstances. If Attorney becomes
aware of a material change in financial circumstances of any assigned
Defendant, Attorney must notify the Court. If Attorney requests a re­
determination of the indigence of any Defendant that Attorney
represents, and if the Court makes a determination of non-indigence of
such Defendant and allows Attorney to withdraw, Attorney agrees he or
she will not represent that Defendant in that case for a fee.
d.
Suspension of Appointments. 
Should Attorney experience a caseload
that prevents Attorney from giving effective assistance of counsel to each
Defendant, Attorney must file a motion requesting the Presiding Judge
for a suspension of further appointments until such congestion clears.
Notice of any motion filed pursuant to this provision must be given to the
Glendale City Prosecutor.
(1)
Hearing to Suspend Appointments. The Presiding Judge, upon
receipt of a motion filed pursuant to this section, will set it for
hearing not later than five days from its receipt. 
Should the
Presiding Judge find at such hearing that the indigent caseload is
excessive and is adversely interfering with the Attorney's ability
to give effective legal assistance, the Presiding Judge may suspend
further appointments to Attorney for a period not to exceed 30
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days, when such suspension is deemed necessary in the interest of 
justice. During any suspension imposed under this section, the 
Presiding Judge will appoint such additional private counsel as 
may be necessary to represent Defendants and will compensate 
such private counsel for services rendered. 
(2)
Reporting. 
During any period of suspension of appointments
granted or imposed by the Presiding Judge, the Attorney must
notify the Presiding Judge in writing every Monday ( or Tuesday if
Monday is a legal holiday) as to the status of the caseload and
congestion. 
The Attorney must notify the Presiding Judge
immediately when the congestion that was the basis upon which
the suspension was imposed has been relieved sufficiently to
permit reinstatement of the regular appointment procedure.
(3)
Hearing to Terminate Suspension. 
At the expiration of any
suspension period ordered by the Presiding Judge, or earlier if so,
notified by Attorney, the Presiding Judge will set and conduct a
hearing for the purpose of determining whether such suspension
should be lifted or if a further suspension of appointments not to
exceed 30 days should be granted.
(4)
Continued Representation. Suspension of appointments under
this section affects only the appointment of new Defendants to
Attorney and in no way releases either party from other duties or
obligations pursuant to this Agreement, or Attorney from
obligations to Defendants already assigned to Attorney.
4.5 
Appearances. 
Attorney must appear personally for Defendants whom they 
represent in all matters set in the Court, including but not limited to: pretrial 
dispositions; motions; evidentiary hearings; oral arguments; calendar calls; trials; 
sentencings; sentence reviews; orders to show cause hearings; revocation of 
probation proceedings; court sessions; appeals and special actions unless the 
personal appearance by the Attorney is excused by a judge or judge pro-tern 
before whom the matter is to be heard or decided. 
a.
Jail Court. 
Attorney must appear personally to represent Jail Court
Defendants as assigned. 
Jail Court Defendants will not be counted
toward the maximum 400 cases assigned to Attorney.
b.
Treatment Court Program. Attorney must appear personally to represent
Defendants in the Court's Treatment Court Program as assigned.
Treatment Court Program Defendants will not be counted toward the
maximum 400 cases assigned to Attorney.
c.
Association of Counsel. 
Attorney must provide for substitution of
counsel when Attorney is unable for any reason to appear in Court.
Substitute counsel shall not be used routinely and in no event no more
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often than in approximately 20% of all court appearances in cases 
assigned to Attorney. 
Attorney must provide names, addresses and 
telephone numbers of substitute counsel who will be responsible to the 
same effect and extent as Attorney for performance of the services 
contemplated and enunciated in this Agreement. 
It will be the 
responsibility of the Attorney to compensate any substitute counsel under 
this paragraph of this Agreement. Substitute counsel will not be offered 
as a substitute or employed in the performance of this Agreement 
without the written consent of the Presiding Judge, which consent may be 
withdrawn at the Presiding Judge's discretion. 
The names of all 
attorney(s) who may be employed as substitute counsel in the 
performance of this Agreement, including those offered as substitute 
counsel, must be on file with the Presiding Judge during the Term of this 
Agreement. Substitute counsel will not conduct any jury trial or bench 
trial unless, pursuant to Rule 6.3, Arizona Rules of Criminal Procedure, a 
motion for substitution of attorney is granted by the Court. 
4.6 
Defendant Contact. 
Attorney must provide personal consultation with 
Defendants prior to pretrial disposition conferences unless extraordinary 
circumstances prevent such a meeting. Attorney must use reasonable diligence 
in maintaining personal contact with each Defendant until the Defendant's case 
or cases are terminated and will use reasonable diligence in notifying Defendants 
of official court action resulting from Defendant's nonappearance at scheduled 
court sessions. 
4.7 
General and Appellate Court Representation. Attorney must appear in courts of 
general and appellate jurisdiction on behalf of Defendants when it is necessary 
and appropriate to do so, including but not limited to appearance for purposes of 
appeal, special action, or Rule 11 hearings. 
4.8 
Precedence of Cases. Attorney agrees that court settings in the Court will take 
precedence over civil cases and all other criminal cases in other courts that do not 
have precedence as provided by the Arizona Rules of Criminal Procedure. 
4.9 
Defendant Conflicts. In the event a case involves two or more Defendants, the 
Court will appoint such additional counsel as is necessary to avoid a conflict of 
interest, the appearance of impropriety or as otherwise required in the interest of 
justice. 
4.10 
Non-exclusivity. The Attorney acknowledges and agrees that this Agreement to 
accept court appointments and provide legal services to Defendants is non­
exclusive and the City may enter into other similar agreements with other 
private attorneys as may be deemed reasonably necessary to provide legal 
services to criminal Defendants. 
4.11 
Reports. Auditing and Evaluation. At the direction of the Presiding Judge, 
Attorney must maintain current case logs, disposition records, time sheets, and 
provide written reports containing sufficient and pertinent information 
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requested and required by the Presiding Judge for the purpose of audit and 
evaluation of Attorney under this Agreement. 
When requested, monthly 
statistical reports must be submitted on forms approved by the Court and must 
accompany monthly invoices. 
The Presiding Judge and the Agreement 
Administrator reserves the right to revise the information required on the format 
of the monthly statistical form at any time. Any such revision will operate 
prospectively. Failure to provide accurate and timely statistics may result in the 
City withholding payment to the Attorney until Attorney complies with 
reporting requirements. 
4.12 
Continuing Representation. 
It is understood by Attorney that the duty to 
represent an assigned Defendant continues until the case is terminated by 
dismissal, acquittal, sentencing, or satisfaction of appeal except that Attorney 
will be required to continue to represent Defendant for any restitution or other 
hearing set at the time of sentencing. The date that a case is assigned to the 
Attorney will be the sole factor in determining an Attorney's continuing 
obligation to provide legal representation under this Agreement. The obligation 
to provide legal representation in a case under this Agreement will continue 
until a case is closed regardless of the length of time necessary to complete the 
case after the Agreement is terminated. In the event Attorney's Agreement 
expires and is not renewed at the end of the Agreement period, or if for any other 
reason it is terminated by either party to this Agreement, then Attorney must 
remain obligated to provide legal representation and to report to the Court in all 
cases assigned during the Agreement year or assigned up to the date the 
Agreement was terminated. Attorney further understands that some cases will 
not so terminate until after the expiration date of this Agreement or termination 
of Agreement, and that Attorney is obligated to provide continued 
representation to assigned defendants until their cases are terminated as 
described in this paragraph. 
5.
Termination.
5.1 
5.2 
5.3 
By City. This Agreement may be terminated by the City, without cause and for 
convenience, by a 30-day written notice of termination. In the event of 
termination for convenience, City's sole obligation to Attorney will be to pay the 
fees incurred for services performed as of the date of termination, except as 
provided below. 
By Attorney. Attorney may terminate this Agreement upon a 60-day written 
notice of termination to the Presiding Judge or the Court Administrator. 
For Cause. The City may also terminate this Agreement without notice for cause. 
Any of the following may constitute an event of default by Attorney which may 
constitute cause and entitle the City to terminate this Agreement immediately 
without notice for: (a) failure to comply with any of the terms and conditions of 
this Agreement, including but not limited to, all the reporting requirements in 
this Agreement; (b) unsatisfactory performance in the opinion of the Agreement 
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Administrator or judges; (c) failure to maintain malpractice insurance; (d) failure 
to abide by current rules of professional ethics; (e) performance that falls below 
the guidelines set by the Arizona Supreme Court for legal services; (f) suspension 
or disbarment by the Arizona Supreme Court; and (g) failure to provide the City, 
upon request, reasonable assurances of future performance. In the event of 
termination for cause, the City will not be liable to Attorney for any damages 
sustained by reason of the default which gave rise to the termination, and the 
Attorney will be liable to the City for any and all damages sustained by the City 
by reason of the default which gave rise to the termination. 
5.4 
Conflicts of Interest. This Agreement is subject to the provisions of A.RS. § 38-
511. It may be canceled by the City, without penalty or further obligation, if any
person significantly involved in initiating, negotiating, securing, drafting or
creating this Agreement on behalf of the City is, at any time while this
Agreement, or any extension, is in effect, Attorney's employee, agent or
consultant, or consultant to the City with respect to the subject of this
Agreement.
5.5 
Funds Appropriation Contingency. If funds are not appropriated by the City 
Council for payment of charges hereunder, the City may terminate this 
Agreement. 
6.
Insurance. Attorney will provide the Court Administrator a certificate of insurance for
malpractice coverage in an amount not less than $100,000/$300,000 within ten days of
award. The deductible will be displayed on the certificate. The Court Administrator
may require a financial statement so as to evidence the ability of the Attorney to fund
the deductible. Insurance must remain in force during the Term of this Agreement. In
the event the Attorney's insurance is terminated, Attorney must immediately notify the
Court Administrator and this Agreement may be terminated. Insurance coverage must
be written through a carrier possessing an A.M. Best rating of not less than A-.
7.
General Conditions.
7.1 
Modification of Agreement. This Agreement will be deemed modified to comply 
with any subsequent changes regarding indigent representation imposed by case 
law or rules promulgated by the Arizona Supreme Court. 
7.2 
Indemnification. Attorney will defend, indemnify, and hold harmless the City 
and any of its departments, agents, officers, and employees from all damages, 
claims, or liabilities and expenses, including attorney fees, arising out of or 
resulting from the performance of professional services under this Agreement 
and caused by any error, omission or negligent act of the Attorney, or anyone for 
whose acts the Attorney is legally liable. 
7.3 
Waiver of Liens. Attorney expressly waives any and all Attorney's liens that 
may arise in the course of performance under this Agreement. 
7.4 
Independent Contractor. The relationship created herein between Attorney and 
the City will be solely that of independent contractor, and nothing contained 
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herein may be construed to create a relationship of principal/agent, 
employer/employee, partnership, joint venture, or any relationship of any kind 
other than independent contractor. 
7.5 
Integration. 
Except as stated herein, this Agreement constitutes the entire 
understanding of the parties and no representation or agreements, oral or 
written, made prior to this execution will vary or modify the terms herein. 
7.6 
Governing Law. This Agreement will be governed and interpreted according to 
the laws of the State of Arizona. 
7.7 
Amendments. Any amendment or modification of the terms of this Agreement 
must be in writing and signed by the parties. 
7.8 
Assignment. Services covered by this Agreement will not be assigned in whole 
or in part, except as necessary to provide for substitution of counsel as required 
herein. 
7.9 
Time of the Essence. Time is of the essence with respect to fulfillment of all 
obligations set forth herein. 
7.10 
Public Record. Attorney is hereby informed that this Agreement is a public 
record and is subject to full disclosure under Arizona law. 
7.11 
Agreement Administrator. The Agreement Administrator for the City will be the 
Presiding Judge or his/her designee. The Agreement Administrator will oversee 
performance of this Agreement, audit billings, and approve payments. The 
Attorney will submit reports, notices, requests, and other correspondence to the 
Agreement Administrator. 
7.12 
Immigration Law Compliance. 
a.
Attorney, and on behalf of any substitute attorney, warrants, to the extent
applicable under A.RS. § 41-4401, compliance with all federal
immigration laws and regulations that relate to their employees as well as
compliance with A.RS. § 23-214(A) which requires registration and
participation with the E-Verify Program.
b.
Any breach of warranty under this section is considered a material breach
of this Agreement and is subject to penalties up to and including
termination of this Agreement.
c.
City retains the legal right to inspect the papers of any Attorney or
substitute attorney who performs work under this Agreement to ensure
that the Attorney or any substitute attorney is compliant with the
warranty under this section.
d.
City may conduct random inspections, and upon request of City,
Attorney shall provide copies of papers and records of Attorney
demonstrating continued compliance with the warranty under this
section. 
Attorney agrees to keep papers and records available for
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inspection by the City during normal business hours and will cooperate 
with City in exercise of its statutory duties and not deny access to its 
business premises or applicable papers or records for the purposes of 
enforcement of this section. 
e.
Attorney agrees to incorporate into any subcontracts under this
Agreement the same obligations imposed upon Attorney and expressly
accrue those obligations directly to the benefit of the City. Attorney also
agrees to require any substitute attorney to incorporate into each of its
own subcontracts under this Agreement the same obligations above and
expressly accrue those obligations to the benefit of the City.
f.
Attorney's warranty and obligations under this section to the City is
continuing throughout the Term of this Agreement or until such time as
the City determines, in its sole discretion, that Arizona law has been
modified in that compliance with this section is no longer a requirement.
g.
The "E-Verify Program" above means the employment verification
program administered by the United States Department of Homeland
Security, the Social Security Administration, or any successor program.
7.13 
Foreign Prohibitions. Attorney certifies under A.R.S. §§ 35-391 et seq. and 35-393 
et seq., that it does not have, and during the Term of this Agreement will not 
have, "scrutinized" business operations, as defined in the preceding statutes, in 
the countries of Sudan cir Iran. 
8.
No Boycott of Israel. To the extent A.R.S. § 35-393 through§ 35-393.03 are applicable,
the parties hereby certify that they are not currently engaged in and agree for the
duration of the Agreement to not engage in, a boycott of goods or services from Israel, as
that term is defined in A.RS§ 35-393.
ATTEST: 
City Clerk 
(SEAL) 
9 
ATTORNEY: 
_.Micfuut 5. wetewdt 
Michael Westervelt, 
Attorney at Law 
ALE: e 
1--z.--z I 
(08131/21) 
________
Kevin R. Phelps
City Manager

APPROVED AS TO FORM: 
City Attorney 
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