Supporting Document (58644a70...)
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I
Item 13
envengni
REPORT
M
+
Meeting Date:
April 28^^, 2026
General Plan Element:
Community Involvement
General Plan Goal:
Foster community partnerships to formulate collaborative
solutions
ACTION
Extend Maricopa County Superior Court Jury Services IGA. Adopt Resolution No. 13651,
authorizing Amendment No, 1 to extend Intergovernmental Agreement No.2024-059-COS between
the City of Scottsdale on behalf of the Scottsdale City Court and the Superior Court of Arizona in
Maricopa County to renew the IGA for jury services for an additional two-year term from June 30,
2026 to June 30, 2028 and to reflect the increased cost per summons.
BACKGROUND
Article 6, Section 24 of the Arizona Constitution affords an individual charged with a crime the right
to be tried by a Jury. The City Court anticipates for Fiscal Year 2026/2027 over 13,500 criminal
charges and 40 jury trials. The Superior Court of Arizona in Maricopa County has historically
provided jury services to the City Court via intergovernmental agreement between the City and the
Superior Court of Arizona in Maricopa County. In accordance with Paragraph 4 of the IGA, "Term
and Renewal; Termination," the IGA may be renewed for up to four additional two-year terms,
through June 30, 2034.
This request is to renew the IGA for the first additional two-year term, from July 1, 2026 through
June 30, 2028. In accordance with Paragraph 4 of the IGA, the IGA may be renewed for an additional
two-year term after June 30, 2028 if the Superior Court is notified at least 90 days in advance of its
expiration. All other provisions of the IGA will remain in effect.
RESOURCE IMPACTS
Available funding
Jury Services are included in the FY2026/2027 operational budget in the amount of $25,092. in the
generalfund.
Action Taken.
City Council Report | Extend Maricopa County Superior Court Jury Services IGA
Staffing, Workload Impact
There is one dedicated FTE handling jury summons and reporting; it is estimated that 2.5 hours is
spent per day when there is a jury trial.
Maintenance Requirements
There are no costs for maintenance or support as those costs are borne by the Superior Court and
incorporated into the IGA for the City Court.
Future Budget Implications
This is a recurring expense and budget line item.
Cost Recovery Options
Cost recovery options are not applicable.
OPTIONS & STAFF RECOMMENDATION
Recommended Approach
Adopt Resolution No. 13651, authorizing Amendment No. Ito extend Intergovernmental
Agreement No. 2024-059-COS between the City of Scottsdale on behalf of the Scottsdale City Court
and the Superior Court of Arizona in Maricopa County to provide jury services for an additional two
years. The IGA shall remain effective after July 1, 2026 and shall expire June 30, 2028.
Proposed Next Steps
Upon approval of the IGA Amendment, the City Court will confirm ongoing operations for jury
services with the Superior Court of Arizona, Maricopa County.
RESPONSIBLE DEPARTMENT(S)
City Court
STAFF CONTACTS (S)
Chris Phelps Court Administrator, cphelps@scottsdaleaz.gov
APPROVED BY
-esiding Judge Mariant^n. Bayai
^residing Judge Mariarlpfei'T. Bayardi
c/o cphelps@scottsdaleaz.gov
Date
Page 2 of 3
City Council Report | Extend Maricopa County Superior Court Jury Services IGA
ATTACHMENTS
1. Resolution No. 13651
2. Amendment No. 1 to Extend Intergovernmental Agreement No. 2024-059-COS
3. Intergovernmental Agreement No. 2024-059-COS
Page 3 of 3
RESOLUTION NO. 13651
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE,
MARICOPA COUNTY, ARIZONA, AUTHORIZING AMENDMENT NO. 1
(NO. 2024-059-COS-A1) TO EXTEND INTERGOVERNMENTAL
AGREEMENT NO. 2024-059-COS BETWEEN THE SUPERIOR COURT
OF ARIZONA IN MARICOPA COUNTY AND THE CITY OF
SCOTTSDALE, ARIZONA, FOR JURY SERVICES AND TO REFLECT
THE INCREASED COST PER SUMMONS.
WHEREAS, Arizona Revised Statutes § 11-951, et. seq., provides that public agencies
may enter into intergovernmental agreements for the provision of services, or joint or
cooperative action;
WHEREAS, Article 1, Section 3-1 of the City Charter of the City of Scottsdale ("City")
authorizes the City to enter into intergovernmental agreements with various public agencies,
including political subdivisions of the state;
WHEREAS, the City and the Superior Court of Arizona in Maricopa County ("Superior
Court") entered into Intergovernmental Agreement No. 2024-059-COS, effective from July 1,
2024 to June .30, 2026, for the Superior Court to provide jury services to the City Court of
Scottsdale (the “IGA");
WHEREAS, the IGA is due to expire on June 30, 2026, and the IGA provides the parties
with an option to renew the IGA for two additional two-year terms;
WHEREAS, the City and the Superior Court wish to enter into Amendment No. 1 to the
IGA (Contract No. 2024-059-COS-A1) to renew the IGA for an additional two-year term through
June 30, 2028 and to allow the Superior Court to increase the cost per summons to reflect the
increase in actual costs; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Scottsdale,
Maricopa County, Arizona, as follows:
Section 1. The Mayor to is hereby authorized and directed to execute, on behalf of the
City, Contract No. 2024-059-COS-A1 (Amendment No. 1 to Contract No. 2024-059-COS) an
Intergovernmental Agreement between the Superior Court of Arizona in Maricopa County and the
City of Scottsdale for the provision of jury sen/ices in the City Court of Scottsdale, Maricopa
County, State of Arizona and reflecting an increase cost per summons.
Section 2. The City Manager, the Municipal Presiding Judge, or designee, are hereby
authorized to execute such other documents and take such other actions as necessary to carry out
the intent of this Resolution.
19086202
Resolution No. 13651
Page 1 of 2
Attachment 1
PASSED AND ADOPTED by the Council of the City of Scottsdale, Maricopa County,
Arizona this__________day of____________________ , 2026.
ATTEST;
CITY OF SCOTTSDALE,
an Arizona municipal corporation
By:
Ben Lane, City Clerk
By:
Lisa Borowsky, Mayor
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
L
Luis E. Santaella, Interim, City Attorney
By: Lydia Tulin, Assistant City Attorney
19086202
Resolution No. 13651
Page 2 of 2
City of Scottsdale Contract No. 2024-059-COS-Al
AMENDMENT NO. 1 TO EXTEND THE
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY
and
THE CITY OF SCOTTSDALE
FOR JURY SERVICES
The City of Scottsdale, City Court of Scottsdale (the “Municipal Court”), and the Superior Court
of Arizona in Maricopa Cotmty (the “Superior Court”), collectively referred to as the “Parties",
entered into an intergovernmental agreement for Jury Services (the “IGA”). The initial term of the
IGA is through June 30, 2026. It is mutually agreed between the Parties that the IGA, effective as
of July 1,2024, is amended by this Amendment No. 1 (“Amendment”) as follows:
1.
The Parties agree to amend paragraph 6 of the IGA as follows, with the additional term:
If the City of Scottsdale Municipal Court requires any virtual private
network (VPN) services (also known as RAS accounts), the City of
Scottsdale Municipal Court shall be charged a set up charge of
$50.00 per user, and a monthly charge of $8.00 per user. The fee for
services rendered by Superior Court to the City of Scottsdale
Mxmicipal Court shall be payable on or after July 1 st, within 30 days
of receipt of billing, for services rendered during the previous 12-
month period. Each party will establish and maintain its own budget
according to its established rules and procedures.
2.
Pursuant to Paragraph 4 of the IGA, this Amendment renews the Jury Services IGA for the
City of Scottsdale Municipal Court for an additional two-year term, from July 1, 2026, through
June 30,2028, with the terms and conditions of the IGA.
3.
Also in accordance with Paragraph 4 of the IGA, the Superior Court may increase the cost
per summons at the time of renewal to reflect an increase in actual costs. Effective July 1, 2027,
the cost per summons will be $4.35. All other costs shall remain the same.
4.
All other provisions of the IGA shall remain in their entirety.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
19086221
Page 1 of2
attachment 2
City of Scottsdale Contract No. 2024-059-COS-A1
In witness whereof, the parties hereito have executed this Amendment on the date written below;
CITY OF SCOTTSDALE
Honorable Pamela Gates
Presiding Judge
Superior Court of Arizona
in Maricopa County
Lisa Borowsky, Mayor
Date
Date
REVIEWED BY:
ATTEST:
Ben Lane, City Clerk
A )Mlzt>
[ge, Scottsdale City Court
Date
Date
IN ACCORDANCE WITH THE REQUIREMENTS OF A.R.S. § 11-952, THIS CONTRACT
HAS BEEN REVIEWED BY THE UNDERSIGNED WHO HAVE DETERMINED THAT THIS
CONTRACT IS IN APPROPRIATE FORM AND WITHIN THE POWERS AND AUTHORITY
GRANTED TO EACH RESPECTIVE PUBLIC BODY.
CITY OF SCOTTSDALE
OFFICE OF THE CITY ATTORNEY
Luis E. Santaella, Interim City Attorney
By: Lydia Tulin, Assistant City Attorney
ARIZONA ATTORNEY GENERAL’S OFFICE
^IhI
Date
2^^
Assistant Attorney General
Date
19086221
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Page 2 of2
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY
and
THE CITY OF SCOTTSDALE, ARIZONA
This Intergovei-nmeiital Agreement (“IGA” or “Agreement”), is entered into between the
State of Arizona on behalf of the Superior Court of Arizona, in and for the County of Maricopa
(“Superior Court”), and the City of Scottsdale, Arizona on behalf of its municipal court
(“Municipal Court”), for jury services. The Superior Court and the Municipal Court ai‘e sometimes
collectively leferred to, herein, as "parties” and sometimes individually as “party.”
1.
RECITALS
WHEREAS, the Superior Court has historically offered certain jury services to certain
municipal courts in Maricopa County; and
WHEREAS, Municipal Court desires to use the jury sei-vices offered by the Superior Court;
THEREFORE, in consideration of the mutual agreement expressed herein, the parties
agree as follows:
2.
PURPOSE
The purpose of this IGA is to provide jury services as specified herein.
3.
AUTHORITY
The Superior Court has the duty and authority to summon jurors. A.R.S. § 21-301 et seq. The
Municipal Court has the duty and authority to summon jurors. A.R.S. §§ 21-301 et. seq.., 22-401
et. seq. The parties are authorized to enter into this IGA pursuant to A.R.S. § I I-952(J).
4.
TERM AND RENEWAL: TERMINATION
A. This IGA shall be effective Jiily 1,2024, and shall expire June 30,2026^ The parties may
renew this IGA in writing for four additional two-year terms, to expire no later than June
30, 2034. If the Municipal Court wishes to renew this IGA, it must notify the Superior
Court at least ninety (90) days in advance of its expiration. If City Council approval is
required and has been obtained to enter into this IGA, renewal may be executed by the
Municipal Presidmg Judge or the City Manager. The Municipal Court understands and
agrees that the Superior Court may increase the cost per summons or cost per compact disc
Page I of 12
City of Scottsdale Contract No. 2024-059-COS
(Attachment 3
:•
i
5.
(“CD”) at the time of renewal to reflect an increase in actual costs.
B, Either party may terminate this IGA for any reason upon thirty (30) days’ written notice.
Either party may terminate this IGA immediately if the other party materially breaches the
IGA. Either party may terminate this IGA due to non-availability of funds, as stated in
paragraph 17. Upon termination, all property used in performance of this IGA shall be
returned to the party owning the property or entitled to possession.
C. This IGA supersedes all prior agreements between the parties for jury services. Any
amendments to this IGA must be in writing and signed by both parties.
DUTIES OF SUPERIOR COURT
A. If the Municipal Court in paragraph 6, below, elects to have the Superior Court print and
mail summons, the Superior Court shall do the following on behalf of the Municipal Court:
i.
The Superior Court will print and mail a summons to potential jurors on behalf of
the Municipal Court. The potential Jurors will be selected to receive a summons
from a master jury list in accordance with state law. See A.R.S. § 21-301 et seq.
In addition to printing and mailing the sunmionses, the Superior Court will field
phone calls about postponements, excuses, and disqualifications.
ii.
The Superior Court shall include the phone number provided by the Municipal
Court on all summonses for potential jurors issued a summons to call and listen to
a recording and/or to inquire about whether they must report at the date and time
specified in the summons. The Superior Court is not responsible for maintaining or
staffing this phone line or recording.
iii.
The Superior Court shall process the payment of jury fees and mileage
reimbursements.
iv. The Superior Court is not responsible for settmg up the Remote Access Services
(“HAS”) account or providing maintenance or services related to the RAS account.
The RAS accounts and related maintenance or services are provided through the
Office of Enterprise Tecluiology (“OET”).
B. If the Municipal Court in paragraph 6, below, elects to have the Superior Court provide a
CD with the names and addresses of potential jurors to whom the Municipal Court may
issue its own summonses, the Superior Court shall provide a CD within ten (10) business
days with one-hundred (100) such names. If the Municipal Court elects to have the Superior
Court provide a CD, the CD is the only product or service provided by the Superior Court,
and the Superior Court will not: print and mail the summonses; field phone calls about
postponements, excuses, disqualifications; or process payment of jury fees and mileage
reimbursements.
Page 2 of 12
City of Scottsdale Conti act No. 2024-059-COS
C. The Superior Court shall submit bills to the Municipal Court on a quarterly basis, except
the Superior Court may bill for the CDs and RAS accounts at the time they are provided.
6. DUTIES OF MUNICIPAL COURT
A. On or before the start of the term of this IGA and any renewal terms, the Municipal Court
shall elect in writing to the Superior Court Jury Office whether the Municipal Court wants
the Superior Court to print and mail summonses, wants a RAS account, and/or wants a CD
with the names and addresses of potential jurors to whom the Municipal Court may print
and issue its own summonses. The Municipal Court may make its election by checking one
of the options below, or it may otherwise make this election in writing to the Superior Court
July Office.
i
i
Print and Mail Summons
CD with Juror Names
Number of RAS accounts
B. The Municipal Court agrees to pay the following fees, depending on the elections made by
the Municipal Court:
i.
A fee of $2.90 for each summons printed and mailed by the Superior Court on
behalf of the Municipal Court.
ii.
The Municipal Court shall reimburse the Superior Court for the daily attendance
fees and mileage reimbursements the Superior Court pays to jurors on behalf of
the Municipal Court.
hi. A $50.00 activation fee and an $8.00 monthly subscriber fee for each RAS account.
Each person who enters data or has access through a RAS account must have his/her
own account. The Municipal Court must notify the Superior Court and OET when
the Municipal Court changes RAS account users. If the Superior Court incurs
additional fees or costs from OET related to RAS accounts for the Municipal Court,
the Municipal Court shall reimburse the Superior Court for such reasonable and
justifiable fees or costs.
iv.
A fee of $25.00 for each 100 potential jurors listed on the CD.
v.
A fee of $150.00 if the Municipal Court fails to timely enter juror data, as set forth
below.
C. If the Municipal Court elects to have the Superior Court print and mail summons on its
behalf, the Municipal Court is responsible for the following;
i. By July 1 of each year, the Municipal Court shall provide the Superior Court with
information on the number of jurors to be summoned and on which days they shall
be summoned. The Municipal Court shall notify the Superior Court at least seven
(7) weeks in advance of any changes in the number of summonses needed and the
dates for which summonses shall be sent. Each year, by the first Friday in
I
Page 3 of 12
City of Scottsdale Contract No. 2024-059-COS
November, the Municipal Court shall provide the Superior Court with blackout
dates for the next year. Blackout dates are days on which the Municipal Court
knows at the beginning of the year it will not need jurors to appear for service during
that year.
ii.
The Municipal Court shall operate a phone line for jurors to call to inquire whether
they must report on the date and time specified on their summons. The Municipal
Court shall provide the Superior Court with the phone number and any changes to
the phone number so the Superior Court can include it on the summons, The
Municipal Court is solely responsible for the costs, maintenance and staffing
associated with this phone line.
iii.
Within thi'ee (3) business days of the first day a juror reports for juiy service in the
Municipal Court, the Municipal Court shall provide the Superior Court with
information regarding individuals who have reported for juiy service in response to
a summons sent by the Superior Court pursuant to this IGA as follows:
a. The Municipal Court may use the Superior Court’s form. The Municipal Court
shall type the information requested in the foim in order to ensure accurate
information is processed by the Maricopa County Superior Court; or
b. If the Municipal Court has elected to have RAS account card access and paid
the associated fees for such access, the Municipal Court may enter the data into
the program the Superior Court uses for juror management (currently,
Clearview Jury). The Superior Court may provide general direction regarding
how to enter the data in Clearview Jury (or any other program the Superior
Court later decides to use for juror management). However, the Municipal
Court is responsible for all technical support of its computer system and training
of its employees.
c. If the Municipal Court fails to enter the data within the three (3) business days
described, the Superior Court will charge the Municipal Court a fee of $150.00
for each day for which juror information is not entered to cover additional costs
for re-rumiing billing data, analyzing billing data, and re-entiy into billing
spreadsheets.
D. If the Municipal Court elects to have the Superior Court provide a CD of names and
addresses, the Municipal Court is responsible for all of its own jury sei'vices, including but
not limited to printing and mailing the summonses, fielding phone calls relating to jury
service, and processing payment of jury fees and mileage reimbursements.
E. The Municipal Court is responsible for enforcement of any juror summonses issued on
behalf of its court, including contempt notices, hearings, proceedings, procedures, and/or
other enforcement measures. The Superior Court is not obligated by this IGA to conduct
any contempt or enforcement proceedings on behalf of the Municipal Court.
Page 4 of 12
City of Scottsdale Contract No. 2024-059-COS
F. The Municipal Court is not authorized and shall not permanently excuse any jurors. The
Municipal Court shall refer any jurors seeking to be permanently excused to the Superior
Court, regardless of whether the Superior Court printed and mailed the summons or the
Municipal Court printed and mailed the summons.
G. The identity of jurors or potential jurors is sensitive, confidential, and protected by statute
and court rule. The Municipal Court agrees to restrict access to information provided under
this agreement to individuals who are authorized to access such information for the
completion of their official duties.
H. The Municipal Court shall comply with the Minimum Accounting Standards and Generally
Accepted Accounting Principles related to financial transactions involving jurors.
7.
I. The Municipal Court shall remit payment to the Superior Court within thirty (30) calendar
days of receiving a bill from the Superior Court.
INDEMNIFICATION
Each party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other paity (as
“Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorneys’ fees) (hereinafter collectively refeired to as “Claims”) arising out of bodily
injuiy of any person (including death) or property damage, but only to the extent that such Claims
which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission,
negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees,
or volunteers.
Ill addition, each paity shall cause its contractor(s) and subcontractoi(s), if any, to indemnify,
defend, save and hold harmless the other party, any jurisdiction or agency of that other party, and
that other party’s respective directors, officers, officials, agents, and employees (liereinafter
referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages,
losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing,
investigation and litigation-hereinafter, referred to as “Claims”) for bodily injuiy, personal injury
(including death), or loss or damage to tangible or intangible property caused, or alleged to be
caused, in whole or m part, by the negligent or willful acts or omissions of the contractor(s) and/or
subcontractor(s), or any of the directors, officers, agents, or employees of contractor(s) and/or
subcontractor(s) for any work arising out of this Agreement. This indemnity includes any claim
or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the
failure of such contractor(s) and/or subcontractor(s) to conform to any federal, state or local law,
statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the
Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful
acts or omissions of the Indemnitee, be indemnified by such contractor(s) and/or subcontractor(s)
from and against any and all claims. It is agreed that such contractor(s) and/or subcontractor(s)
will be responsible for primaiy loss investigation, defense and judgment costs where this
indemnification is applicable.
Page 5 of 12
City of Scottsdale Contract No. 2024-059-COS
!
8.
INSURANCE
Both parties are insured as govenimental entities and therefore no insurance certificates are
required by either party pursuant to this IGA. If the Municipal Court uses a conti’actor(s) to perform
services in relation to this Agreement, the below insurance requirements shall apply, and shall
apply to any subcontractor(s) of contractor(s).
Insurance Requirements for Any Contractors Used by Municipal Court:
The insurance requirements, herein, are minimum requirements and in no way limit the indemnity
covenants contained, herein. The State of Arizona in no way wanrants that the minimum limits
below are sufficient to protect the Contractor fiom liabilities that might arise out of the
performance of the work under this IGA by the Contractor, its agents, representatives, employees
or subcontractors, and Contractor is free to purchase additional insurance.
A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide
coverage with limits of liability not less than those stated below.
1. Commercial General Liability - Occurrence Form
Policy shall include bodily injury, property damage, pemonal and advertising
injury and broad form contractual liability.
General Aggregate
$2,000,000
Products - Completed Operations Aggregate
$ 1,000,000
Personal and Advertising Injury
$ 1,000,000
Blanket Contractual Liability - Written and Oral
$ 1,000,000
Damage to Rented Premises
$
50,000
•
Each Occurrence
$1,000,000
a. The policy shall be endorsed to include the following additional
insured language: “The State of Arizona, its departments,
agencies, boards, commissions, universities and hs officers,
officials, agents, and employees shall be named as additional
insureds with respect to liability arising out of the activities
performed by or on behalf of the Contractor.” Such additional
insured shall be covered to the full limits of liability purchased by
the Contractor, even if those limits of liability are in excess of
those required by this Contract.
b. Policy shall contain a waiver of subrogation endorsement in favor
of the State of Arizona, its departments, agencies, boards,
commissions, universities and its officers, officials, agents, and
employees for losses arising from work performed by or on behalf
of the Contractor .
2. Business Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and/or non-owned
vehicles used by Contractor in the performance of this IGA.
•
Combined Single Limit (CSL)
$1,000,000
I
Page 6 of 12
City of Scottsdale Contract No. 2024-059-COS
a. The policy shall be endorsed to include the following additional
insured language: “The State of Arizona, its departments,
agencies, boards, commissions, universities and its officers,
officials, agents, and employees shall be named as additional
insureds with respect to liability arising out of the activities
performed by or on behalf of the Contractorj involving
automobiles owned, leased, hired or borrowed by the
Contractor.” Such additional insured shall be covered to the full
limits of liability purchased by the Contractor, even if those limits
of liability are in excess of those requhed by this Contract.
b. Policy shall contain a waiyer of subrogation endorsement in favor
of the State of Arizona, its departments, agencies, boards,
commissions, universities and its officers, officials, agents, and
employees for losses arising from work performed by or on behalf
of the Contractor.
c.
Policy shall contain a severability of interest provision.
3. Workers’ Compensation and Employers’ Liability
•
Workers’ Compensation
Statutory
•
Employers' Liability
Each Accident
$ 500,000
Disease - Each Employee
$ 500,000
Disease- Policy Limit
$ 1,000,000
a. Policy shall contain a waiver of subrogation endorsement in favor
of the State of Arizona, its departments, agencies, boards,
commissions, universities and its officers, officials, agents, and
employees for losses arising from woiic performed by or on behalf
of the Contractor.
b. This requirement shall not apply to: Separately, EACH contractor
or subcontractor exempt under A.R.S. § 23-901 et. seq., AND when
such contractor or subcontractor executes the appropriate waiver
(Sole Pi-oprietor/Independent Contractor) form.
B. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be
endorsed to contain, the following provisions:
1. The Contractor’s policies shall stipulate that the insurance afforded the
Contractor shall be piimaiy insurance and that any insurance carried by the
Department, its agents, officials, employees or the State of Arizona shall be
excess and not contributoiy insurance, as,provided by A.R.S § 41-621 (E).
2. The Contractor’s insurance shall apply separately to each insured against whom
a claim is made or suit is brought, except with respect to the limits of the
insurer’s liability. Coverage provided by the Contractor shall not be limited to
the liability assumed under the indemnification provisions of its contract with
the other governmental entity(ies) party to this IGA.
Page 7 of 12
City of Scottsdale Contract No. 2024-059-COS
C. NOTICE OF CANCELLATION: With the exception of ten (10) day notice of
cancellation for non-payment of premium, any changes material to compliance with
this IGA in relation to the insurance policies above shall require thirty (30) days written
notice to the State of Arizona. Such notice shall be sent directly to the Department and
shall be sent by certified mail, return receipt requested,
D. ACCEPTABILITY OF INSURERS: Contractor’s insurance shall be placed with
companies duly licensed in the State of Arizona or hold approved non-admitted status
on the Arizona Department of Insurance List of Qualified Unauthorized Insurers,
Insurers shall have an “A.M. Best” rating of not less than A- VII or duly authorized to
transact Workers’ Compensation insurance in the State of Arizona. The State of
Arizona in no way warrants that the above-required minimum insurer rating is
sufficient to protect the Contractor from potential insurer insolvency.
E. VERIFICATION OF COVERAGE: Contractor shall furnish the State of Arizona with
certificates of insurance (ACORD form or equivalent approved by the State of Arizona)
as required by this Contract. The certificates for each insurance policy are to be signed
by an authorized representative.
All certificates and endorsements are to be received and approved by the State of
Arizona before work commences. Each insurance policy required by this IGA must be
in effect at or prior to Contractor’s commencement of work under this IGA and remain
in effect for the duration of Contractor’s work under this IGA. Failure to maintain the
insurance policies as required by this IGA, or to provide evidence of renewal, is a
material breach of contract.
F.
All certificates required by this IGA shall be sent directly to the Department, The State
of Arizona project/contract number and project description are to be noted on each
certificate of insurance. The State of Ailzona reserves the right to require complete,
certified copies of all insurance policies required by this IGA at any time.
SUBCONTRACTORS: Contractor’s certificate(s) shall include all subcontractors as
insureds under its policies or Contractor shall furnish to the State of Arizona separate
certificates for each subcontractor. All coverages for subcontractors shall be subject to
the minimum requirements identified above.
i
G. APPROVAL: Any modification or variation from the insurance requirements in this
IGA must have prior approval from the State of Arizona Department of Administration,
Risk Management Division, whose decision shall be final. Such action will not require
a formal contract amendment, but may be made by administrative action.
H. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity,
then the insurance requirements shall not apply. Such public entity shall provide a
Certificate of Self-Insurance. If the Contractor or sub-contractor(s) is/are a State of
Arizona agency, board, commission, or university then none of the above shall apply.
t
Page 8 of 12
City of Scottsdale Contract No. 2024-059-COS
9,
AUDIT OF RECORDS
i
Pursuant to A.R.S. §§ 35-214 and 35-215, both parties shall retain ail data, books and other records
(“records”) relating to this Agreement for a period of five years after completion of the Agreement.
All records of a party shall be subject to reasonable inspection and audit by the other party at
reasonable times. Upon request, either party shall produce the original of any, or all such records.
10.
CANCELLATION FOR CONFLICT OF INTEREST
The requirements of A.R.S. § 38-511 apply to this Agreement. Either party may cancel this
Agreement, without penalty or further obligation, if any person significantly involved in initiating,
negotiating, securing, drafting or creating this Agreement on behalf of either party is, at any time
while this Agreement or any extension is in effect, an employee or agent of the other party, or a
consultant to any other party with respect to the subject matter of this Agreement.
11.
NON-DISCRIMINATION
Both parties shall comply with Executive Orders 2009-09 and 2023-01, which mandate that
all persons, regardless of race, color, religion, sex, age, national origin or political affiliation,
shall have equal access to employment oppoilunities, and all other applicable state and
Federal employment laws, rules, and regulations, including the Americans with Disabilities
Act. Both parties shall take affumative action to ensure that applicants for employment and
employees are not discriminated against due to race, creed, color, religion, sex, national
origin or disability. The parties shall comply with Executive Order 2023-09 prohibiting race-
, based hair discrimination.
12.
COMPLIANCE REQUIREMENTS UNDER A.R.S. g 41-4401—IMMIGRATION
LAWS AND E-VERIFY REQUIREMENT
:
A. Both parties wanant compliance with all federal immigration laws and regulations
relating to employees and warrant compliance with A.R.S. § 23-214, Subsection A, which reads:
“After December 31,2007, every employer, after hiring an employee, shall verify the employment
eligibility of the employee tlirough the E-Verify program.”
B.
A breach of the warranty regarding compliance with immigration laws and
regulations shall be deemed a material breach of the IGA and the other party may be subject to
penalties up to and including termination of the Agreement.
C.
Both parties retain the legal right to audit tlie documentation of any employee
working in relation to this IGA to ensure that the other party, or any contractor or subcontractor
are in compliance witli the warranty under paragraph 12(A).
13. APPLICABLE LAW
This Agreement shall be construed in accordance the laws of the State of Arizona.
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City of Scottsdale Contract No. 2024-059-COS
14.
LEGAL OBLIGATIONS
This IGA does not relieve either paity of any obligation or responsibility imposed upon it by lav^r.
15.
ARBITRATION
The parties agree to resolve all disputes arising out of or relating to this Agreement through
arbitration, after exhausting applicable administrative review, to tlie extent required by A.R.S. §
12-1518, except as may be required by other applicable statutes.
16.
WAIVER AND MODIFICATION
None of the provisions of the Agreement may be waived, changed or altered except in writing
signed by both parties.
17.
AVAILABILITY OF FUNDS
Every payment obligation of the parties under this Agreement is conditioned upon the availability
of funds allocated for the payment of such obligation. If ftinds are not allocated and available for
the continuance of this Agreement, this Agreement may be terminated by the parlies or any other
agency of the State of Arizona at the end of the period for which funds are available. No legal
liability on the part of the parties or any other agency of the State of Arizona for any payment may
arise under this Agreement as long as funds are made available for performance of this Agreement.
If the necessary fiinds are not made available, then that party shall provide written notice to the
other party and may cancel this Agreement without further obligation. No liability shall accrue to
eitlier of the par ties or any other agency of the State of Arizona in the event this provision is
exercised, and neither the parties, nor any other agency of the State of Arizona shall be obligated
or liable for any future payments or for any damages as a r-esult of termination of this Agreement
under this paragraph, including payments or damages for purchases or subcontracts entered into
in anticipation of ftrnding.
18.
NOTICES
All notices, claims, request, and demands under tliis IGA are to be in writing and seiwed in person
or via certified (return receipt requested) United States mail, postage prepaid, addressed as follows:
If to the Superior Court:
If to Municipal Court:
Superior Court in Maricopa County
Jury Administrator
175 W. Madison St.
Phoenix, AZ. 85003-2243
Attn: Jui-y Manager
Scottsdale Municipal Court
Attn: Court Administrator
3700 N 75"'St
Scottsdale, Arizona 85251
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City of Scottsdale Contract No. 2024-059-COS
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or at such other address as shall be indicated in writing by each party, through an amendment to
this IGA. Service by certified mail will be deemed to occur on the postmark date borne by the
return receipt.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURES FOLLOW
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City of Scottsdale Contract No. 2024-059-COS
In witness whereof, the parties, hereto, have executed this IGA on the date written below:
Honorable Joseph Welty
Presiding Judge
Superior Court of Arizona
in Maricopa County
DATE
ATTEST:
Ben Lane, City Clerk
DATE
DAT^
David D. Ortega
Mayor
City of Scottsdale,
an Arizona municipal corporation
REVIEWED BY:
'/A.X
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H(morable Marid^ ^yardi
Chief Presidin|g/Judge
Scottsdale City Court
DATE
IN ACCORDANCE WITH A.R.S. § 11-952 THIS CONTRACT HAS BEEN REVIEWED
BY THE UNDERSIGNED WHO HAVE DETERMINED THAT THIS CONTRACT IS IN
APPROPRIATE FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED
TO EACH RESPECTIVE PUBLIC BODY.
ARIZONA ATTORNEY GENERAL’S OFFICE SHERRY R. SCOTT, CITY ATTORNEY
By:__________________________
Assistant Attorney General DATE
Shane C, MorriW
DATE /
Assistant City Attorney
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City of Scottsdale Contract No. 2024-059-COS
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