PROFESSIONAL SERVICES CONTRACT
DEPENDENCY INDIGENT SERVICES
THIS Contract ("Contract") entered into between Yavapai County, a body politic and corporate of the State of Arizona, ("County") and Jonna Hoffman ("Attorney").
Jonna Hoffman is a licensed Attorney and is authorized to accept assignments and appear at Dependency matters pursuant to the terms of this Contract.
This Contract is contingent upon the approval of the Yavapai County Board of Supervisors.
WITNESSETH
WHEREAS, County requires the services of an attorney qualified to provide attorney services in Dependency, Severance and Title 8 Guardianship cases, and
WHERAS, Attorney is duly licensed to practice law in the State of Arizona, is experienced in Juvenile Dependency Law, and is qualified and willing to provide such services.
NOW, THEREFORE, the parties agree as follows:
ARTICLE I - TERM OF CONTRACT
The effective date of this Contract is January 4, 2010 and shall terminate on June 30,
2011, unless sooner terminated or further extended pursuant to the provisions of this Contract.
ARTICLE II - SCOPE
A. Assignment. Attorney shall provide legal assistance and representation to those eligible indigent persons ("Client or Clients") as appointed by the Contract Administrator (Contract Administrator). Assignments will be limited to representation in Dependency proceedings which may result in motions for Severance or Title 8 Guardianship. Assignments shall be made on an as need basis.
Dual Adjudication. Attorney shall represent a juvenile in Delinquency matters when Attorney currently represents that juvenile in a Dependency, Severance or Title 8 Guardianship matter. Compensation for Delinquency matters shall be as specified in Attachment A.
B. Completion of Representation. Subject only to withdrawal or substitution permitted by the Court, Attorney's representation shall be from the date of assignment until all necessary legal action has been taken in the Trial Court to dispose of the matter, including filing a Notice of Appeal if requested by the Client. Once assigned, Attorney's duty to represent a Client shall survive the expiration date of this Contract.
C. Service After Completion of Representation. Attorney is not entitled to reimbursement for work performed after completion of representation, as described in this Section, unless such work is expressly authorized by the Contract Administrator. In the event of withdrawal or substitution, Attorney shall be compensated as provided for in this Contract for any additional work necessary to assure an orderly transition of the matter to another attorney.
D. Professional Services Pursuant to this Contract. Attorney shall comply with the Arizona Rules of Professional Conduct, state and local court rules, and the written administrative and procedural policies and procedures established by the Contract Administrator. Attorney shall devote such time to the cases assigned so as to provide competent, effective, and timely legal assistance and representation and shall perform the work in accordance with the terms of the Contract and governing ethical Rules of Conduct. If Attorney uses any employee(s) to perform professional services under this Contract, said employee(s) shall be suitably trained and skilled professional personnel.
Attorney shall immediately advise Contract Administrator of any ethical complaints pending before the State Bar of Arizona. Failure to do so will place Attorney in default and be grounds for immediate termination of this Contract.
Attorney acknowledges that the Arizona Administrative Office of the Court (AOC) is scheduled to issue statewide standards and training guidelines for Dependency Attorney within the 2010/2011 fiscal year and, upon adoption, said standards will be incorporated and made a part of this Contract.
ARTICLE III - ASSIGNMENT/WITHDRAWAL/SUBSTITUTE REPRESENTATION
A. Assignment of Cases. Assignments of counsel will be made by the Contract Administrator. Attorney shall accept all assignments made by Contract Administrator unless a genuine conflict of interest prevents Attorney from ethically representing a Client. Immediately upon assignment, Attorney shall make every effort to determine whether there is a genuine conflict or other reason justifying refusal of the appointment, and if so, shall promptly notify Contract Administrator.
B. Discontinuance of Assignments/Termination of Representation by Court. Both parties recognize and acknowledge that Contract Administrator has discretion to assign or not assign Attorney to any case, with or without cause, and, subject to Court Order, may terminate Attorney's representation in pending cases for good cause.
ARTICLE IV - COMPENSATION AND EXPENSES
In consideration of the professional services provided pursuant to this Contract, and subject to the availability and authorization of funds, County shall pay Attorney, but only for properly authorized work performed and expenses incurred during Attorney's assignment, as follows:
A. Compensation.
1. Base Contract Amount $1000 per assigned Dependency case, including any resulting termination of parental rights or Title 8 Guardianship motions. Dependency petitions and Severance petitions are considered one matter under this Contract. Supplemental petitions are not considered separate matters with respect to preexisting parties and will not be paid as a new assignment. Compensation in excess of the Base Contract Amount shall be for the following:
2. Excess Hours. If the time required to represent an individual defendant is expected to exceed forty (40) hours, the Attorney shall request approval for excess compensation from the Contract Administrator. Should the Contract Administrator deny the request, or is unable to consider the request due to a conflict of interest, Attorney shall file a petition for approval of excess compensation with the assigned trial judge. The request and/or petition shall contain the following:
a. An itemized listing of the specific services provided up to the date of the petition stating the amount of time spent on each item.
b. A listing of the anticipated additional services required to complete the representation stating the amount of time to be required for each item.
c. A specific explanation of the circumstances affecting the length and/or complexity of the trial court proceedings.
d. Logs, time sheets and other activity records pertaining to the case.
3. Compensation for Cases that Remain Active Over 12 Months. Upon the date of the yearly anniversary of assigned case, Attorney is entitled to $250.00 for continued legal services. Such fees shall be invoiced according to the procedures outlined in this Contract.
4. Compensation for Delinquency Matters: Payment will be as specified in Attachment A.
5. Compensation for DeMinimis Work. Appointments made by the Court or Contract Administrator where Attorney subsequently performs six (6) hours or less work shall not be counted or compensated as a case assignment under the terms of this Contract. Upon submission of a record of hours worked, Attorney shall be compensated at the rate of $50 per hour.
6. Compensation for Withdrawals. Cases in which Attorney withdraws prior to active representation of a Client shall not be counted or compensated as an assignment under the terms of this Contract. Upon withdrawal from an assigned case and submission to the Contract Administrator a record of hours worked, Attorney shall be compensated at the specific rate of $50 per hour. Absent a showing of exceptional circumstances, compensation for withdrawals shall not be paid for more than three hours of professional service.
B. Expenses.
1. Routine Expenses. Routine expenses include copying of pleadings and papers, postage, long distance phone calls and mileage. Reimbursement of routine expenses shall be made upon submission of an itemized listing for each case. To receive reimbursement for telephone calls, a copy of the phone bill, with each expense highlighted, must be attached to the claim.
2. Extraordinary Expenses. For reimbursement of any ancillary expenses, including, but not limited to, the services of a paralegal/legal assistant, investigator, transcriptions, or use of an expert, Attorney must make a specific written request to Contract Administrator before incurring the expense. All expenses shall be in accordance with Yavapai County Guidelines unless specifically authorized otherwise by Contract Administrator or Court Order. All sub-contractors shall submit billing through Attorney, "in case of the Yavapai County Public Defender." Attorney shall review billings, certify that it is reasonable and that all costs were necessary to the representation of the client.
a. Should Contract Administrator be unable to consider the request, due to a conflict of interest, Attorney may file a Petition of Approval with the presiding judge, or his designee, requesting the expenditure, before incurring the expense, with a detailed explanation and cost breakdown.
b. When requesting an expert, the written request should include the basis for retaining the expert, a breakdown of the anticipated and comparative costs, the likely admissibility of the expert's conclusions, an analysis of other options that could be utilized which may be more cost- effective, and the probability that the case will proceed to trial.
3. Compensation for Travel Time. The County will not pay for travel time to routine destinations within Yavapai County with the exception of travel necessitated by operation of law. Routine destinations include, but are not limited to: Court appearances, mediations, CFT's, Juvenile Probation, FCRB Hearings, and CPS Offices. Travel time compensation for non mandated travel must be preapproved and will be authorized only upon a showing that the travel is as a result of exceptional circumstances.
A request for travel compensation shall be submitted in writing (e-mail) to the Contract Administrator and shall include:
• A description of the exceptional circumstances, and
• The estimated total travel time.
In all cases compensation for travel time shall be limited to $35 per hour and shall not exceed $280 per day. Meals and lodging shall be reimbursed at current County per diem rate.
C. County will not pay for the following unless otherwise specified:
1. Support Staff. The Base Contract Amount and hourly rates paid to Attorney are intended to include services rendered by other persons including paralegals, clerks, secretaries or other support personnel. Separate compensation of such persons will be considered as extraordinary expense and shall be submitted to the Contract Administrator for approval as are other such requests. Requests for approval should specify tasks to be performed by support staff, time required and relevant costs as well as the cost savings and/or other efficiencies that justify consideration of the request. Savings in Attorney time shall not be considered as justification of a request for separate compensation where the Attorney time would be spent performing non-legal tasks as defined below.
Attorney will comply with federal and state laws regarding the employment of employees and subcontractors as set forth in Attachment B of this Contract.
2. Electronic Legal Research Expenses. The County will not pay for research expenses for Arizona, Arizona Federal District Court, U.S. 9th District and U.S. Supreme Court. any electronic research done outside the above parameters shall be treated as Extraordinary Expenses.
3. Non-Legal Tasks. Attorney shall not be compensated for any work performed by Attorney of a non-legal nature that would ordinarily be performed by support personnel, including specifically secretarial and clerical support work involved in preparing and transmitting documents, copying, organizing, filing or similar functions. Hours spent by Attorney performing non-legal tasks will not be included in calculation of compensation in excess of the Base Contract Amount.
4. Unapproved Fees/Expenses. Failure to obtain prior approval for fees and expenses as required by this Contract shall constitute a waiver of Attorney's right to reimbursement and/or additional compensation.
E. Change in Rates of Compensation. The rates of compensation established in this Contract are subject to the provisions of ARS § 13-4013 and may be changed if the Court or Contract Administrator determines that it is necessary to change the rates of compensation in a particular case. Any change to the total payment amount of this Contract is subject to the approval of the Board of Supervisors or its designee.
F. Buy Back of Dependency Cases. In the event Attorney retires from the practice of law or becomes disabled and is unable to practice law, Attorney may tender back cases to the County with the following restrictions: 1) A limit of 30 cases may be transferred to County no matter how many years Attorney has been under contract with the County; 2) Attorney shall provide a summary and a Stipulation of Substitution and Order for each case; 3) Attorney acknowledges that she is responsible for a case until there is a signed order from the court granting the substitution of counsel; Attorney will pay County:
Cases between one and two years old …………………$500.00 per case
Cases more than two years old …………………………..$250.00 per case
Cases less than one year old shall not be transferred to County unless Attorney suffers a serious illness or disability resulting in Attorney's inability to perform the Contract. Under such circumstance, Attorney may transfer no more than thirty (30) cases to County at a rate of $750.00 per case. Attorney must provide a doctor's letter stating that Attorney is unable to perform the services rendered under the Contract.
ARTICLE V - PROOF OF PROFESSIONAL LIABILITY COVERAGE
For this Contract to become effective, Attorney shall be required to provide Contract Administrator with proof of Attorney's Lawyers Professional Liability Policy Coverage for the term of this Contract. Failure by Attorney to maintain such coverage throughout the term of this Contract shall place Attorney in automatic default, immediately terminating any and all Contract obligations by County to Attorney.
ARTICLE VI - PRIVATE COMPENSATION
Attorney shall neither charge nor accept any fee or other compensation for services rendered pursuant to this Contract except as provided for herein. Attorney may not represent the Client for a fee on a court-appointed case.
ARTICLE VII - PAYMENT OF AUTHORIZED FEES AND EXPENSES
A. Procedure. All bills for services rendered by expert witnesses, investigators and any other approved vendors, must be submitted with appropriate documentation to Contract Administrator and must be in accordance with this Contract and/or the Yavapai County Guidelines. Attorney will be responsible for reviewing and verifying all bills and back-up documentation prior to approval by Contract Administrator. Attorney must submit to Contract Administrator an invoice with itemization of time spent on the case and back-up documentation for reimbursement of any fees or expenses.
B. Timely Submission of Payment Requests. ALL PAYMENT REQUESTS MUST BE SUBMITTED TO CONTRACT ADMINISTRATOR NO LATER THAN 180 DAYS AFTER TERMINATION OF THE CASE. Payment requests received after 180 days will not be honored. Pursuant to ARS § 11-622, Attorney has no right to payment and the County will not honor any claim for payment submitted six months after the date of the provision of the last service for which payment is sought. Attorney shall file invoices monthly. Payment by County to Attorney shall be to a direct deposit account designated by Attorney.