Contract

City of Glendale — Regular Meeting (2023-10-24)

Extracted text (via ocr_local) 53984 characters

CITY OF GLENDALE
PUBLIC DEFENDER VETERANS COURT AGREEMENT

‘This Public Defender Veterans Court Agreement (“Agreement’’) is made and entered into

this first day of October 2023, by and between the City of Glendale, an Arizona municipal
corporation (“City”) and Courtney Boyd-Collins, Attorney at Law (“Allorney”).

RECITALS
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

The City desires to provide legal counsel for the representation of defendants
(“Defendants”) in the Glendale City Court Veterans Court (“Court”), where such
representation may be required by the United States Constitution, the Arizona
Constitution, and the Rules of Criminal Procedure for the State of Arizona; and

Attorney is licensed to practice law in the State of Arizona, is a member in good standing,
with the Arizona State Bar (the “Bar”), is otherwise professionally qualified to provide the
desived services and is ready, willing and able to do so; and

City and Contractor desire to memorialize their agreement with this document.

AGREEMENT

Term of Agreement. ‘the initial term of this Agreement shall be for one year, commencing
October 1, 2023, and expiring September 30, 2024 (’Term’).

Renewal. Not less than 30 days prior to the end of the Term, City may extend this
Agreement for up to three additional one-year periods with the consent of Attorney. City
may change the rate of compensation applicable to any extension period. No renewal will
take place unless initiated by the City,

Fees, While this Agreement is in effect, the City will pay Attorney for all Veterans Court
legal services provided pursuant to this Agreement at the rate of $32,500.08 per annum,
payable monthly at the rate of $2,708.34. 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 fifth day of the following
calendar month for which Attorney is billing. ‘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 bill.

3) 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

Form 2: 10-04:2023

te
ho

for Special Action will not, by itself, support a decision to approve additional fee

compensation.

Costs, Attorney will pay all costs and expenses incurved 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.

and Third-Party Fees, The Court will pay costs of interpreters and
appellate transcripts. Subject ¢o prior motion and approval, the Court may agree
to pay reasonable compensation for other necessary support services such as

reters, and blood samples, when

expert witnesses, investigators, ouLof court interp
a finding is made by a judge 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 of the Court.

4.1

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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,

Arizona State Bar Membership. Attorney must at all times remain an active
member in good standing with the Avizona State Bar (the “Bar’). Attorney must
immediately inform the Court Administrator of any changes in Altorney’s active
membership status and of any adverse Bar rulings. Vailure 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, thatis 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 150 Veterans Court 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. No more than 150 active Veterans
Court cases will be assigned to Attorney during any one-year extensions 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 creclited with one appointment

for each additional court case associated with each Defendant,

a. Ethical Limitations. Attorney agrees not toaccepl representation of clients,
other than Defendants represented pursuant to this Agreement, to the
extent that such representation would increase the caseload beyond the

Foun 2: OS 2023

guidelines set forth in Stale of Arizona v. Joe U, Sniith, 140 Ariz. 355, 681 P.2d
1374 (1984). On cases that Allorney views as unusually complicated,
Attorney may make written requests to the Presiding Judge, requesting
said case lo be counted as more than one case toward Attorney's 150
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 under Stale v, Suiith to complete the 150 court cases specified in this
Agreement.

sentation of Defenelants,

Review of Caseload. To ensure effective repr
Attorney will review the assigned caseload quarterly during, the Term of
this Agreement. ‘The ABA standards and the guidelines set forth in State v,
Smith 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, Attorney must provide a cascload report to the
Presiding Judge on a quarterly basis stating the number of completed cases
and the number of open cases for that quarter, ‘The caseload report must

be submitted to the Presiding Judge no later than January 10th, April 10",
July 10%, and October 10th of each year. ‘the caseload report will be
compiled in spreadsheet format and submitted electronically to the
Presiding Judge.

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. Hf 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 fora fee.

Suspension of Appointments. Should Attorney experience a caseload that
istance of counsel to each

prevents Attorney from giving effective a

Defendant, Attorney must file a molion 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.

(L) 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

Youn 2: 100% 2023

days, when such suspension is deemed necessary in the interest of
justice. During any suspension imposed uncer this section, the
Presiding Judge will appoint such additional private counsel as
may be nec
such private counsel for services rendered.

sary to represent Defendants and will compensate

(2) Reporting. During any period of suspension of appointments
granted or imposed by the Presiding Judge, the Allorney must
notify the Presiding Judge in writing every Monday (or Tuesday if
Monday is a legal holiday) as to the status of the cascload and
congestion, The Altorney 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
sd by Attorney, the Presiding Judge will set and conduct a

notifi
hearing for the purpose of determining whether such suspension
should be lifled 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 Defenclants 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.

Appearances. Attorney must appear for Defendants whom they represent in all
matters set in Veterans Court, including but not limited to: pretrial dispositions,

motions; evidentiary hearings; oral arguments; calenclar calls; sentencings;

sentence reviews; court sessions; appeals and special actions unless the personal
appearance by the Attorney is excused by a judge or judge pro-tem before whom

the matter is to be heard or decided.

Jail Court. Attorney must appear to represent Jail Court Defendants as
assigned,

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 no more than in 20% of all court
appearances in cases assigned to Attorney, Attorney must provide names,
addresses and telephone numbers of substilule counsel who will be
responsible to the same effect and extent as Attorney for performance of
the services contemplated and enunciated in this Agreement. [t 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
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4.10

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written consent of the Presiding Judge, which consent may be withdrawn
at the Presiding Judge’s discretion, The names of all atlorney(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.

Defendant Contact, Attorney must be available to provide consultation
opportunities with Defendants between scheduled Pretrial Conferences. 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.

Genera! and Appellate Court Representation. Atlorney 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.

Precedence_of Cases. Attorney agrees that court settings in the Court will take

sin other courts that do not

prececlence over civil cases and all other criminal cas

have precedence as provided by the Arizona Rules of Criminal Procedure.

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

ance of impropriety or as otherwise required in the inter

stof

interest, the appee
justice.
Non-exclusivity. The Attorney acknowledges and agrees that this Agreement ta
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.

valuation. Attorney must maintain current case logs,
heels, and provide written reports containing sufficient

Reports, Auditing and
disposition records, time s
and pertinent information requested and required by the Presiding Judge for the
purpose of audit and evaluation of Attorney under this Agreement. 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 farm at any lime. Any such revision will operate

prospectively, Failure to provide accurale and timely statistics may result in the
City withholding payment to the Attorney until Attorney complies with reporting

requirements.

ntalion, It is understood by Atiorney that the duty to
nud Defendant continues until the case is terminated by
sfaction of appeal except that Attorney will

Continuing Repr

represent an as
dismissal, acquittal, sentencing, or sa
be required to continue to represent Defendant forany restitution or other hearing
set at the time of sentencing. ‘The date that a case is assigned to the Attarney will
be the sole factor in determining an Allorney’s continuing obligation to provide
legal representation under this Agreement. The obligation lo provide legal

representation in a case under this Agreement will continue until a case is closed
sary to complete the case after the Agreement

regardless of the length of time nece:
is terminated. In the event Attorney’s Agreement expires and is nol renewed, or
if for any other reason it is terminated by either party to this Agreement, then
Attorney remains obligated to provide legal representation and to report to the
es assigned until substitution of Counsel is effected and the

Court in all cas
attorney’s molion to withdraw is granted.

5. Termination,

5.1

a
he

Form 2: 10Q42028

By City. This Agreement may be terminated by the City, without cause ancl 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 lo 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
Administrator or judges; (c) failure to maintain malpractice insurance; (d) failure
ional ethics; (ce) performance that falls below

to abide by current rules of profes
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,

Conflicts of Interest. This Agreement is subject lo the provisions of A.R.S, § 38-
SUL. Lt 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 behall of the City is, atany 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.

For 2

5.5 Eunds_Appropriation Contingency. If funds are not appropriated by the City
Council for payment of charges hereunder, the City may terminate this
Agreement.

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-.

General Conditions.

7A cli fi
with any subsequent changes regarding indigent representation imposed by case

tion.of Agreement. This Agreement will be deemed modified to comply

law or rules promulgated by the Arizona Supreme Court

72 Indemnification. Attorney will defend, indemnify, and hold harmless the City and
any of its dey
or liabilities and expenses, including altorney fees, arising out of or resulting from
the performance of professional services under this Agreement and caused by any

artments, agents, officers, and employees from all damages, claims,

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.

7A Indeper CContractor, The relationship created herein between Attorney and
the City will be solely that of independent contractor, and nothing contained
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.

75 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.

77 Any amendment or modification of the terms of this Agreement

must be in writing and signed by the parties.

A
in;

78 pnment, Services covered by this Agreement will not be assigned in whole or

art, 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.

10032093

710

7.1

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Public Record. Attorney is hereby informed that this Agreement is a public record

and is subject to full disclosure ander Arizona law.

will be the

Presiding Judge or his/her designee. The Agreement Administrator will oversee
performance of this Agreement, audit billings, and approve payments. ‘The

Agreement Administrator, The Agreement Administrator for the ¢

Attorney will submit reports, notices, requests, and other correspondence to the

Agreement Administrator,
Immigration Law, Compliance.

a. Attorney, and on behalf of any substitute attorney, warrants, to the extent
applicable under A.R.S. § 41-4401, compliance with all federal immigration
laws and regulations that relate to their employees as well as compliance
with A.R.S. § 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.

G Cily retains the legal right to inspect the papers of any Attorney or
substitute attorney who performs work under this Agreement to ensure
that the Altorney 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 inspection by the City
during normal business hours and will cooperate with Cily 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,

ement

e. Attorney agrees to incorporate into any subcontracts under this Agr
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 ils 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.

7A3

Be The “E-Verify Program” above means the employment verification
program administered by the United States Department of tlomeland
Security, the Social Security Administration, or any successor program.

Non-discrimination, Contractor must not discriminate against any employee or
applicant for employment on the basis of race, color, religion, sex, national origin,
age, marital status, sexual orientation, gender identily or expression, genelic
characteristics, familial status, U.S. military veleran) slatus or any
disability. Contractor will require any Sub-contractor to be bound to the same
requirements as stated within this section, Contractor, and on behalf of any

subcontractors, warrants compliance with this section.

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 lo not engage in, a boycolt of goods or services from Israel, as that term is
defined in A.R.S § 35-393.

ATTEST:

City Clerk

ATTORNEY: >

7 =

ce oe
Courtney Boyd-Collins
Attorney at Law

CITY OF GLENDALE:

Hondrable Nicholas C, DiPiazza

Presiding, City Judge

(SEAL)

APPROVED AS TO FORM:

City Attorney

For 32 103.2023

CITY OF GLENDALE
PUBLIC DEFENDER RULE 11 AGREEMENT

This Public Defender Rule 11 Agreement (“Agreement”) is made and entered into this

first day of October 1, 2023, by and between the City of Glendale, an Arizona municipal
corporation (“City”) and Jennifer Dalton, Attorney at Law (“Attorney”).

RECITALS

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

The City desires to provide legal counsel for the representation of possibly incompetent
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

Attorney is licensed to practice law in the State of Arizona, is a member in good standing
with the State Bar of Arizona (the “Bar”), is otherwise professionally qualified to provide
the desired services and is ready, willing and able to do so; and

City and Contractor desire to memorialize their agreement with this document.

AGREEMENT

Term of Agreement. The initial term of this Agreement shall be for the period of one-
year, commencing October 1, 2023, and expiring September 30, 2024 (“Term”).

Fees. While this Agreement is in effect, the City will pay Attorney for all Rule 11
competency legal services provided pursuant to this Agreement at the rate of $16,250.04
per annum, payable monthly at the rate of $1,354.17. 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 fifth day of the following
calendar month for which Attorney is billing. 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 bill.

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

Form 3: 10/03/2023

3.2

3.3

for Special Action will not, by itself, support a decision to approve additional fee
compensation.

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.

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 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 of the Court.

4.2

4.3

4.4

Form 3: 10/03/2023

counsel in criminal cases.

State Bar of Arizona Membership. Attorney must at all times remain an active
member in good standing with the State Bar of Arizona (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 75 Rule 11 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. No more than 75 active Rule 11 cases per
year will be assigned to Attorney during any one-year extensions 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

Form 3: 10/03/2023

guidelines set forth in State of Arizona v. Joe U. Smith, 140 Ariz. 355, 681 P.2d
1374 (1984). 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 75
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 under State v. Smith to complete the 75 court cases specified in this
Agreement.

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 State v.
Smith 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, 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. The caseload report must
be submitted to the Presiding Judge no later than January 10th, April 10',
July 10%, and October 10th of each year. The caseload report will be
compiled in spreadsheet format and submitted electronically to the
Presiding Judge.

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.

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

4.5

Form 3: 10/03/2023

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.

Appearances. Attorney must appear for Defendants whom they represent in all
Rule 11 matters set in the Court, including but not limited to: pretrial dispositions;
motions; evidentiary hearings; oral arguments; court sessions; appeals and special
actions unless the personal appearance by the Attorney is excused by a judge
before whom the matter is to be heard or decided.

a. Jail Court. Attorney must appear to represent Jail Court Defendants as
assigned.

b. 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 no more than in 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

4.6

4.7

4.9

4.10

4.11

Form 3: 10/03/2023

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.

Defendant Contact. Attorney must be available to provide consultation
opportunities with Defendants prior to Rule 11 doctors’ appointments and Rule
11 hearings. 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.

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.

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.

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.

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.

Reports, Auditing and Evaluation. Attorney must maintain current case logs,
disposition records, time sheets, and provide written reports containing sufficient

and pertinent information requested and required by the Presiding Judge for the
purpose of audit and evaluation of Attorney under this Agreement. 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, or
if for any other reason it is terminated by either party to this Agreement, then
Attorney remains obligated to provide legal representation and to report to the
Court in all cases assigned until substitution of Counsel is effected and the

attorney’s motion to withdraw is granted.

5. Termination.

5.1

5.2

5.3

5.4

Form 3: 10/03/2023

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
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.

Conflicts of Interest. This Agreement is subject to the provisions of A.R.S. § 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.

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
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.

75 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.

Form 3: 10/03/2023

7.10

7.11

7.12

Form 3: 10/03/2023

Public Record. Attorney is hereby informed that this Agreement is a public record
and is subject to full disclosure under Arizona law.

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.

Immigration Law Compliance.

Attorney, and on behalf of any substitute attorney, warrants, to the extent
applicable under A.R.S. § 41-4401, compliance with all federal immigration
laws and regulations that relate to their employees as well as compliance
with A.R.S. § 23-214(A) which requires registration and participation with
the E-Verify Program.

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.

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.

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 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,

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.

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.

7.13

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.

Non-discrimination. Contractor must not discriminate against any employee or
applicant for employment on the basis of race, color, religion, sex, national origin,
age, marital status, sexual orientation, gender identity or expression, genetic
characteristics, familial status, U.S. military veteran status or any
disability. Contractor will require any Sub-contractor to be bound to the same
requirements as stated within this section. Contractor, and on behalf of any
subcontractors, warrants compliance with this section.

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

Form 3: 10/03/2023

term is defined in A.R.S § 35-393.
ATTORNEY:
Amdariiyn~

Jennifer Dalton
Attorney at Law
CITY OF GLENDALE:
Honffable Nicholas C. DiPiazz:
Presiding City Judge

ATTEST:

City Clerk (SEAL)

APPROVED AS TO FORM:

City Attorney

CITY OF GLENDALE
PUBLIC DEFENDER MENTAL HEALTH COURT AGREEMENT

This Public Defender Mental Health Court Agreement (“Agreement”) is made and
entered into this first day of October 2023, by and between the City of Glendale, an Arizona
municipal corporation (“City”) and Jennifer Dalton 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 defendants with special
needs (“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

Cc. Attorney is licensed to practice law in the State of Arizona, is a member in good standing
with the Arizona State Bar (the “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 initial term of this Agreement shall be for one year, commencing

October 1, 2023, and expiring on September 30, 2024 (“Term”).

2. Renewal. Not less than 30 days prior to the end of the Term, City may extend this
Agreement for up to three additional one-year periods with the consent of Attorney. City
may change the rate of compensation applicable to any extension period. No renewal will
take place unless initiated by the City.

3. Fees. While this Agreement is in effect, the City will pay Attorney for all Mental Health
legal services provided pursuant to this Agreement, at the rate of $32,500.08 per annum,
payable monthly at the rate of $2,708.34. 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 fifth day of the following
calendar month for which Attorney is billing. 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 bill.

Form 2; 10/03/2023

3.2

3.3

for Special Action will not, by itself, support a decision to approve additional fee
compensation.

4. Services. Attorney will provide legal representation to Defendants when appointed to do
so by a judge or judge pro-tem of the Court.

4.1

Form 2: 10/03/2023

Arizona State Bar Membership. Attorney must at all times remain an active
member in good standing with the Arizona State Bar (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.

Caseload. No more than 150 Mental Health 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. No more than 150 active Mental
Health Court cases will be assigned to Attorney during any one-year extensions
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.