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City Clerk Document No.
City Council Meeting Date: June 27, 2024
CITY OF CHANDLER SERVICES AGREEMENT
PUBLIC DEFENDER SERVICES
CITY OF CHANDLER AGREEMENT NO. CC4-961-4762, SLOT 3
THIS AGREEMENT (Agreement) is made and entered into by and between the City of Chandler, an
Arizona municipal corporation (City), and Jared Allen of Law Office of Jared Allen PLLC (Contractor),
(City and Contractor may individually be referred to as Party and collectively referred to as Parties)
and made
, 2024 (Effective Date).
RECITALS
A. City proposes to enter an agreement for public defender services for Slot 3 as more fully
described in Exhibit A, which is attached to and made a part of this Agreement by this reference.
B. Contractor is ready, willing, and able to provide the services described in Exhibit A for the
compensation and fees set forth and as described in Exhibit B, which is attached to and made a part
of this Agreement by this reference.
C. City desires to contract with the Contractor to provide these services under the terms and
conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this
Agreement, City and Contractor agree as follows:
SECTION I: DEFINITIONS
For purposes of this Agreement, the following definitions apply:
Agreement means the legal agreement executed between the City and the Contractor
City means the City of Chandler, Arizona
Contractor means the individual, partnership, or corporation named in the Agreement
Days means calendar days
May, Should means something that is not mandatory but permissible
Shall, Will, Must means a mandatory requirement
SECTION II: CONTRACTOR’S SERVICES
Contractor must perform the services described in Exhibit A to the City’s satisfaction within the
terms and conditions of this Agreement and within the care and skill that a person who provides
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similar services in Chandler, Arizona exercises under similar conditions. All work or services
furnished by Contractor under this Agreement must be performed in a skilled and workmanlike
manner. Unless authorized by the City in writing, all fixtures, furnishings, and equipment furnished
by Contractor as part of the work or services under this Agreement must be new, or the latest
model, and of the most suitable grade and quality for the intended purpose of the work or service.
SECTION III: PERIOD OF SERVICE
Contractor must perform the services described in Exhibit A for the term of this Agreement.
The term of the Agreement is one year, and begins on July 1, 2024, and ends on June 30, 2025, unless
sooner terminated in accordance with the provisions of this Agreement. The City and the Contractor
may mutually agree to extend the Agreement for up to four additional terms of one year each, or
portions thereof. The City reserves the right, at its sole discretion, to extend the Agreement for up
to 60 days beyond the expiration of any extension term.
SECTION lV: PAYMENT OF COMPENSATION AND FEES
4.1 Unless amended in writing by the Parties, Contractor's compensation and fees as more fully
described in Exhibit B for performance of the services approved and accepted by the City under this
Agreement must not exceed $65,000 ($60,000 annual compensation and up to $5,000 other
compensation approved by the Court). Contractor must submit requests for payment for services
approved and accepted during the previous billing period and must include, as applicable, detailed
invoices and receipts, a narrative description of the tasks accomplished during the billing period, a
list of any deliverables submitted, and any subcontractor’s or supplier’s actual requests for payment
plus similar narrative and listing of their work. Payment for those services negotiated as a lump sum
will be made in accordance with the percentage of the work completed during the preceding billing
period. Services negotiated as a not-to-exceed fee will be paid in accordance with the work
completed on the service during the preceding month. All requests for payment must be submitted
to the City for review and approval. The City will make payment for approved and accepted services
within 30 days of the City’s receipt of the request for payment.
4.2 Applicable Taxes. The Contractor will pay all applicable taxes. The City is subject to all applicable
state and local transaction privilege taxes. To the extent any state and local transaction privilege
taxes apply to sales made under the terms of this Agreement, it is the responsibility of the
Contractor to collect and remit all applicable taxes to the proper taxing jurisdiction of authority.
4.3 Tax Indemnification. The Contractor and all subcontractors will pay all Federal, state, and local
taxes applicable to its operation and any persons employed by the Contractor. The Contractor will
and require all subcontractors to hold the City harmless from any responsibility for taxes, damages,
and interest, if applicable, contributions required under Federal, state, and local laws and
regulations and any other costs including transaction privilege taxes, unemployment compensation
insurance, Social Security, and Worker’s Compensation.
4.4 All prices offered herein shall be firm against any increase for the initial term of the Agreement.
Prior to commencement of subsequent renewal terms, the City may approve a fully documented
request for a price adjustment. The City shall determine whether any requested price increases for
extension terms is acceptable to the City. If the City approves the price increase, the price shall
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remain firm for the renewal term for which it was requested. If a price increase is agreed upon by
the Parties a written Agreement Amendment shall be approved and executed by the Parties.
SECTION V: GENERAL CONDITIONS
5.1 Records/Audit. Records of the Contractor's direct personnel payroll, reimbursable expenses
pertaining to this Agreement and records of accounts between the City and Contractor must be
kept on the basis of generally accepted accounting principles and must be made available to the
City and its auditors for up to three years following the City’s final acceptance of the services under
this Agreement. The City, its authorized representative, or any federal agency, reserves the right to
audit Contractor's records to verify the accuracy and appropriateness of all cost and pricing data,
including data used to negotiate this Agreement and any amendments. The City reserves the right
to decrease the total amount of Agreement price or payments made under this Agreement or
request reimbursement from the Contractor following final contract payment on this Agreement if,
upon audit of the Contractor's records, the audit discloses the Contractor has provided false,
misleading, or inaccurate cost and pricing data. The Contractor will include a similar provision in all
of its contracts with subcontractors providing services under the Agreement Documents to ensure
that the City, its authorized representative, or the appropriate federal agency, has access to the
subcontractors’ records to verify the accuracy of all cost and pricing data. The City reserves the right
to decrease Contract price or payments made on this Agreement or request reimbursement from
the Contractor following final payment on this Agreement if the above provision is not included in
subcontractor agreements, and one or more subcontractors refuse to allow the City to audit their
records to verify the accuracy and appropriateness of all cost and pricing data. If, following an audit
of this Agreement, the audit discloses the Contractor has provided false, misleading, or inaccurate
cost and pricing data, and the cost discrepancies exceed 1% of the total Agreement billings, the
Contractor will be liable for reimbursement of the reasonable, actual cost of the audit.
5.2 Alteration in Character of Work. Whenever an alteration in the character of work results in a
substantial change in this Agreement, thereby materially increasing or decreasing the scope of
services, cost of performance, or Project schedule, the work will be performed as directed by the
City. However, before any modified work is started, a written amendment must be approved and
executed by the City and the Contractor. Such amendment must not be effective until approved by
the City. Additions to, modifications, or deletions from this Agreement as provided herein may be
made, and the compensation to be paid to the Contractor may accordingly be adjusted by mutual
agreement of the Parties. It is distinctly understood and agreed that no claim for extra work done
or materials furnished by the Contractor will be allowed by the City except as provided herein, nor
must the Contractor do any work or furnish any materials not covered by this Agreement unless
such work is first authorized in writing. Any such work or materials furnished by the Contractor
without prior written authorization will be at Contractor's own risk, cost, and expense, and
Contractor hereby agrees that without written authorization Contractor will make no claim for
compensation for such work or materials furnished.
5.3 Termination for Convenience. The City and the Contractor hereby agree to the full
performance of the covenants contained herein, except that the City reserves the right, at its
discretion and without cause, to terminate or abandon any service provided for in this
Agreement, or abandon any portion of the Project for which services have been performed by
the Contractor. In the event the City abandons or suspends the services, or any part of the
services as provided in this Agreement, the City will notify the Contractor in writing and
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immediately after receiving such notice, the Contractor must discontinue advancing the work
specified under this Agreement. Upon such termination, abandonment, or suspension, the
Contractor must deliver to the City all drawings, plans, specifications, special provisions,
estimates and other work entirely or partially completed, together with all unused materials
supplied by the City. The Contractor must appraise the work Contractor has completed and
submit Contractor's appraisal to the City for evaluation. The City may inspect the Contractor's
work to appraise the work completed. The Contractor will receive compensation in full for
services performed to the date of such termination. The fee shall be paid in accordance with
Section IV of this Agreement, and as mutually agreed upon by the Contractor and the City. If
there is no mutual agreement on payment, the final determination will be made in accordance
with the Disputes provision in this Agreement. However, in no event may the payment exceed
the payment set forth in this Agreement nor as amended in accordance with Alteration in
Character of Work. The City will make the final payment within 60 days after the Contractor has
delivered the last of the partially completed items and the Parties agree on the final payment.
If the City is found to have improperly terminated the Agreement for cause or default, the
termination will be converted to a termination for convenience in accordance with the
provisions of this Agreement.
5.4 Termination for Cause. The City may terminate this Agreement for Cause upon the occurrence
of any one or more of the following events: in the event that (a) the Contractor fails to perform
pursuant to the terms of this Agreement, (b) the Contractor is adjudged a bankrupt or insolvent, (c)
the Contractor makes a general assignment for the benefit of creditors, (d) a trustee or receiver is
appointed for Contractor or for any of Contractor’s property (e) the Contractor files a petition to
take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, (f) the
Contractor disregards laws, ordinances, rules, regulations or orders of any public body having
jurisdiction, or (g) the Contractor fails to cure default within the time requested. Where Agreement
has been so terminated by City, the termination will not affect any rights of City against Contractor
then existing or which may thereafter accrue.
5.5 Indemnification. The Contractor (lndemnitor) must indemnify, defend, save and hold
harmless the City and its officers, officials, agents and employees (lndemnitee) from any and
all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys' fees
and costs of claim processing, investigation and litigation) (Claims) caused or alleged to be
caused, in whole or in part, by the wrongful, negligent or willful acts, or errors or omissions of
the Contractor or any of its owners, officers, directors, agents, employees, or subcontractors in
connection with this Agreement. This indemnity includes any claim or amount arising out of or
recovered under workers' compensation law or on account of the failure of the Contractor to
conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree.
The Contractor must indemnify lndemnitee from and against any and all Claims, except those
arising solely from lndemnitee's own negligent or willful acts or omissions. The Contractor is
responsible for primary loss investigation, defense and judgment costs where this
indemnification applies. In consideration of the award of this Agreement, the Contractor agrees
to waive all rights of subrogation against lndemnitee for losses arising from or related to this
Agreement. The obligations of the Contractor under this provision survive the termination or
expiration of this Agreement.
5.6 Insurance Requirements. Contractor must procure insurance under the terms and
conditions and for the amounts of coverage set forth in Exhibit C against claims that may arise
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from or relate to performance of the work under this Agreement by Contractor and its agents,
representatives, employees, and subcontractors. Contractor and any subcontractors must
maintain this insurance until all of their obligations have been discharged, including any
warranty periods under this Agreement. These insurance requirements are minimum
requirements for this Agreement and in no way limit the indemnity covenants contained in this
Agreement. The City in no way warrants that the minimum limits stated in Exhibit C are
sufficient to protect the Contractor from liabilities that might arise out of the performance of
the work under this Agreement by the Contractor, the Contractor’s agents, representatives,
employees, or subcontractors. Contractor is free to purchase such additional insurance as may
be determined necessary.
5.7 Cooperation and Further Documentation. The Contractor agrees to provide the City such
other duly executed documents as may be reasonably requested by the City to implement the
intent of this Agreement.
5.8 Notices. Unless otherwise provided, notice under this Agreement must be in writing and
will be deemed to have been duly given and received either (a) on the date of service if
personally served on the party to whom notice is to be given, or (b) on the date notice is sent if
by electronic mail, or (c) on the third day after the date of the postmark of deposit by first class
United States mail, registered or certified, postage prepaid and properly addressed as follows:
For the City
For the Contractor
Name: Saranna Davidson Name: Jared Allen PLLC
Title: Procurement Officer Title: Attorney at Law
Address: 175 S. Arizona Ave., 3rd Floor Address: 1440 E. Missouri Ave., Ste. C204
Chandler, AZ 85249 Phoenix, AZ 85014
Phone: 480-782-2406 Phone: 602 456-1982
Email: saranna.davidson@chandleraz.gov Email: jared@jsazlaw.com
5.9 Successors and Assigns. City and Contractor each bind itself, its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to the partners,
successors, assigns, and legal representatives of such other party in respect to all covenants of
this Agreement. Neither the City nor the Contractor may assign, sublet, or transfer its interest
in this Agreement without the written consent of the other party. In no event may any
contractual relation be created between any third party and the City.
5.10 Disputes. In any dispute arising out of an interpretation of this Agreement or the duties
required not disposed of by agreement between the Contractor and the City, the final
determination at the administrative level will be made by the City Purchasing and Materials
Manager.
5.11 Completeness and Accuracy of Contractor's Work. The Contractor must be responsible for
the completeness and accuracy of Contractor's services, data, and other work prepared or
compiled under Contractor's obligation under this Agreement and must correct, at Contractor's
expense, all willful or negligent errors, omissions, or acts that may be discovered. The fact that
the City has accepted or approved the Contractor's work will in no way relieve the Contractor
of any of Contractor's responsibilities.
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5.12 Withholding Payment. The City reserves the right to withhold funds from the Contractor's
payments up to the amount equal to the claims the City may have against the Contractor until
such time that a settlement on those claims has been reached.
5.13 City's Right of Cancellation. The Parties acknowledge that this Agreement is subject to
cancellation by the City under the provisions of Section 38-511, Arizona Revised Statutes
(A.R.S.).
5.14 Independent Contractor. For this Agreement the Contractor constitutes an independent
contractor. Any provisions in this Agreement that may appear to give the City the right to direct
the Contractor as to the details of accomplishing the work or to exercise a measure of control
over the work means that the Contractor must follow the wishes of the City as to the results of
the work only. These results must comply with all applicable laws and ordinances.
5.15 Project Staffing. Prior to the start of any work under this Agreement, the Contractor must
assign to the City the key personnel that will be involved in performing services prescribed in
the Agreement. The City may acknowledge its acceptance of such personnel to perform
services under this Agreement. At any time hereafter that the Contractor desires to change key
personnel while performing under the Agreement, the Contractor must submit the
qualifications of the new personnel to the City for prior approval. The Contractor will maintain
an adequate and competent staff of qualified persons, as may be determined by the City,
throughout the performance of this Agreement to ensure acceptable and timely completion of
the Scope of Services. If the City objects, with reasonable cause, to any of the Contractor's staff,
the Contractor must take prompt corrective action acceptable to the City and, if required,
remove such personnel from the Project and replace with new personnel agreed to by the City.
5.16 Subcontractors. Prior to beginning the work, the Contractor must furnish the City for
approval the names of subcontractors to be used under this Agreement. Any subsequent
changes are subject to the City’s written prior approval.
5.17 Force Majeure. If either party is delayed or prevented from the performance of any act
required under this Agreement by reason of acts of God or other cause beyond the control and
without fault of the Party (financial inability excepted), performance of that act may be excused,
but only for the period of the delay, if the Party provides written notice to the other Party within
ten days of such act. The time for performance of the act may be extended for a period
equivalent to the period of delay from the date written notice is received by the other Party.
5.18 Compliance with Laws. Contractor understands, acknowledges, and agrees to comply with
the Americans with Disabilities Act, the Immigration Reform and Control Act of 1986 and the
Drug Free Workplace Act of 1989. All services performed by Contractor must also comply with
all applicable City of Chandler codes, ordinances, and requirements. Contractor agrees to
permit the City to verify Contractor’s compliance.
5.19 No Israel Boycott. By entering into this Agreement, Contractor certifies that Contractor is
not currently engaged in, and agrees for the duration of the Agreement, not to engage in a
boycott of Israel as defined by state statute.
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5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits the City from awarding a contract
to any contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A).
Therefore, Contractor agrees Contractor and each subcontractor it uses warrants their
compliance with all federal immigration laws and regulations that relate to their employees
and their compliance with§ 23-214, subsection A. A breach of this warranty will be deemed a
material breach of the Agreement and may be subject to penalties up to and including
termination of the Agreement. City retains the legal right to inspect the papers of any
Contractor’s or subcontractor’s employee who provides services under this Agreement to
ensure that the Contractor and subcontractors comply with the warranty under this provision.
5.21 Lawful Presence Requirement. A.R.S. §§ 1-501 and 1-502 prohibit the City from awarding
a contract to any natural person who cannot establish that such person is lawfully present in
the United States. To establish lawful presence, a person must produce qualifying identification
and sign a City-provided affidavit affirming that the identification provided is genuine. This
requirement will be imposed at the time of contract award. This requirement does not apply
to business organizations such as corporations, partnerships, or limited liability companies.
5.22 Forced Labor of Ethnic Uyghurs Prohibited. By entering into this Agreement, Contractor
certifies and agrees Contractor does not currently use and will not use for the term of this
Agreement: (i) the forced labor of ethnic Uyghurs in the People's Republic of China; or (ii) any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China; or (iii) any contractors, subcontractors or suppliers that use the forced labor or any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China.
5.23 Covenant Against Contingent Fees. Contractor warrants that no person has been
employed or retained to solicit or secure this Agreement upon an agreement or understanding
for a commission, percentage, brokerage, or contingent fee, and that no member of the
Chandler City Council, or any City employee has any interest, financially, or otherwise, in
Contractor’s firm. For breach or violation of this warrant, the City may annul this Agreement
without liability or, at its discretion, to deduct from the Agreement price or consideration, the
full amount of such commission, percentage, brokerage, or contingent fee.
5.24 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of this
Agreement or to require performance of the other Party of any of the provisions hereof must
not be construed to be a waiver of such provisions, nor must it affect the validity of this
Agreement or any part thereof, or the right of either Party to thereafter enforce each and every
provision.
5.25 Disclosure of Information Adverse to the City’s Interests. To evaluate and avoid potential
conflicts of interest, the Contractor must provide written notice to the City, as set forth in this
Section, of any work or services performed by the Contractor for third parties that may involve
or be associated with any real property or personal property owned or leased by the City. Such
notice must be given seven business days prior to commencement of the services by the
Contractor for a third party, or seven business days prior to an adverse action as defined below.
Written notice and disclosure must be sent to the City’s Purchasing and Materials Manager. An
adverse action under this Agreement includes, but is not limited to: (a) using data as defined in
the Agreement acquired in connection with this Agreement to assist a third party in pursuing
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administrative or judicial action against the City; or (b) testifying or providing evidence on behalf
of any person in connection with an administrative or judicial action against the City; or (c) using
data to produce income for the Contractor or its employees independently of performing the
services under this Agreement, without the prior written consent of the City. Contractor
represents that except for those persons, entities, and projects identified to the City, the
services performed by the Contractor under this Agreement are not expected to create an
interest with any person, entity, or third-party project that is or may be adverse to the City’s
interests. Contractor's failure to provide a written notice and disclosure of the information as
set forth in this Section constitute a material breach of this Agreement.
5.26 Data Confidentiality and Data Security. As used in the Agreement, data means all
information, whether written or verbal, including plans, photographs, studies, investigations, audits,
analyses, samples, reports, calculations, internal memos, meeting minutes, data field notes, work
product, proposals, correspondence and any other similar documents or information prepared by,
obtained by, or transmitted to the Contractor or its subcontractors in the performance of this
Agreement. The Parties agree that all data, regardless of form, including originals, images, and
reproductions, prepared by, obtained by, or transmitted to the Contractor or its subcontractors in
connection with the Contractor's or its subcontractor’s performance of this Agreement is
confidential and proprietary information belonging to the City. Except as specifically provided in this
Agreement, Contractor or its subcontractors must not divulge data to any third party without the
City’s prior written consent. Contractor or its subcontractors must not use the data for any purposes
except to perform the services required under this Agreement. These prohibitions do not apply to
the following data provided to the Contractor or its subcontractors have first given the required
notice to the City: (a) data which was known to the Contractor or its subcontractors prior to its
performance under this Agreement unless such data was acquired in connection with work
performed for the City; or (b) data which was acquired by the Contractor or its subcontractors in its
performance under this Agreement and which was disclosed to the Contractor or its subcontractors
by a third party, who to the best of the Contractor's or its subcontractors knowledge and belief, had
the legal right to make such disclosure and the Contractor or its subcontractors are not otherwise
required to hold such data in confidence; or (c) data which is required to be disclosed by virtue of
law, regulation, or court order, to which the Contractor or its subcontractors are subject. In the event
the Contractor or its subcontractors are required or requested to disclose data to a third party, or
any other information to which the Contractor or its subcontractors became privy as a result of any
other contract with the City, the Contractor must first notify the City as set forth in this Section of
the request or demand for the data. The Contractor or its subcontractors must give the City
sufficient facts so that the City can be given an opportunity to first give its consent or take such
action that the City may deem appropriate to protect such data or other information from
disclosure. Unless prohibited by law, within ten calendar days after completion or termination of
services under this Agreement, the Contractor or its subcontractors must promptly deliver, as set
forth in this Section, a copy of all data to the City. All data must continue to be subject to the
confidentiality agreements of this Agreement. Contractor or its subcontractors assume all liability
to maintain the confidentiality of the data in its possession and agrees to compensate the City if any
of the provisions of this Section are violated by the Contractor, its employees, agents or
subcontractors. Solely for the purposes of seeking injunctive relief, it is agreed that a breach of this
Section must be deemed to cause irreparable harm that justifies injunctive relief in court. Contractor
agrees that the requirements of this Section must be incorporated into all subcontracts entered
into by Contractor. A violation of this Section may result in immediate termination of this Agreement
without notice.
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5.27 Personal Identifying Information-Data Security. Personal identifying information, financial
account information, or restricted City information, whether electronic format or hard copy,
must be secured and protected at all times by Contractor and any of its subcontractors. At a
minimum, Contractor must encrypt or password-protect electronic files. This includes data
saved to laptop computers, computerized devices, or removable storage devices. When
personal identifying information, financial account information, or restricted City information,
regardless of its format, is no longer necessary, the information must be redacted or destroyed
through appropriate and secure methods that ensure the information cannot be viewed,
accessed, or reconstructed. In the event that data collected or obtained by Contractor or its
subcontractors in connection with this Agreement is believed to have been compromised,
Contractor or its subcontractors must immediately notify the City contact. Contractor agrees
to reimburse the City for any costs incurred by the City to investigate potential breaches of this
data and, where applicable, the cost of notifying individuals who may be impacted by the
breach. Contractor agrees that the requirements of this Section must be incorporated into all
subcontracts entered into by Contractor. It is further agreed that a violation of this Section must
be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this
Section may result in immediate termination of this Agreement without notice. The obligations
of Contractor or its subcontractors under this Section must survive the termination of this
Agreement.
5.28 Jurisdiction and Venue. This Agreement is made under, and must be construed in
accordance with and governed by the laws of the State of Arizona without regard to the
conflicts or choice of law provisions thereof. Any action to enforce any provision of this
Agreement or to obtain any remedy with respect hereto must be brought in the courts located
in Maricopa County, Arizona, and for this purpose, each Party hereby expressly and irrevocably
consents to the jurisdiction and venue of such court.
5.29 Survival. All warranties, representations, and indemnifications by the Contractor must
survive the completion or termination of this Agreement.
5.30 Modification. Except as expressly provided herein to the contrary, no supplement,
modification, or amendment of any term of this Agreement will be deemed binding or effective
unless in writing and signed by the Parties.
5.31 Severability. If any provision of this Agreement or the application to any person or
circumstance may be invalid, illegal or unenforceable to any extent, the remainder of this
Agreement and the application will not be affected and will be enforceable to the fullest extent
permitted by law.
5.32 Integration. This Agreement contains the full agreement of the Parties. Any prior or
contemporaneous written or oral agreement between the Parties regarding the subject matter
is merged and superseded.
5.33 Time is of the Essence. Time of each of the terms, covenants, and conditions of this
Agreement is hereby expressly made of the essence.
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5.34 Date of Performance. If the date of performance of any obligation or the last day of any
time period provided for should fall on a Saturday, Sunday, or holiday for the City, the
obligation will be due and owing, and the time period will expire, on the first day after which is
not a Saturday, Sunday or legal City holiday. Except as may otherwise be set forth in this
Agreement, any performance provided for herein will be timely made if completed no later
than 5:00 p.m. (Chandler time) on the day of performance.
5.35 Delivery. All prices are F.O.B. Destination and include all delivery and unloading at the
specified destinations. The Contractor will retain title and control of all goods until they are
delivered and accepted by the City. All risk of transportation and all related charges will be the
responsibility of the Contractor. All claims for visible or concealed damage will be filed by the
Contractor. The City will notify the Contractor promptly of any damaged goods and will assist
the Contractor in arranging for inspection.
5.36 Third Party Beneficiary. Nothing under this Agreement will be construed to give any rights
or benefits in the Agreement to anyone other than the City and the Contractor, and all duties
and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of City and the Contractor and not for the benefit of any other party.
5.37 Conflict in Language. All work performed must conform to all applicable City of Chandler
codes, ordinances, and requirements as outlined in this Agreement. If there is a conflict in
interpretation between provisions in this Agreement and those in the Exhibits, the provisions
in this Agreement prevail.
5.38 Document/Information Release. Documents and materials released to the Contractor,
which are identified by the City as sensitive and confidential, are the City’s property. The
document/material must be issued by and returned to the City upon completion of the services
under this Agreement. Contractor’s secondary distribution, disclosure, copying, or duplication
in any manner is prohibited without the City’s prior written approval. The document/material
must be kept secure at all times. This directive applies to all City documents, whether in
photographic, printed, or electronic data format.
5.39 Exhibits. The following exhibits are made a part of this Agreement and are incorporated
by reference:
Exhibit A - Project Description/Scope of Services
Exhibit B - Compensation and Fees
Exhibit C - Insurance Requirements
Exhibit D - Special Conditions
5.40 Special Conditions. As part of the services Contractor provides under this Agreement,
Contractor agrees to comply with and fully perform the special terms and conditions set forth
in Exhibit D, which is attached to and made a part of this Agreement.
5.41 Cooperative Use of Agreement. In addition to the City of Chandler and with approval of
the Contractor, this Agreement may be extended for use by other municipalities, school
districts and government agencies of the State. Any such usage by other entities must be in
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accordance with the ordinance, charter and/or procurement rules and regulations of the
respective political entity.
If required to provide services on a school district property at least five times during a month,
the Contractor will submit a full set of fingerprints to the school of each person or employee
who may provide such service. The District will conduct a fingerprint check in accordance with
A.R.S. 41-1750 and Public Law 92-544 of all Contractors, subcontractors or vendors and their
employees for which fingerprints are submitted to the District. Additionally, the Contractor will
comply with the governing body fingerprinting policies of each individual school district/public
entity. The Contractor, sub-contractors, vendors and their employees will not provide services
on school district properties until authorized by the District.
Orders placed by other agencies and payment thereof will be the sole responsibility of that
agency. The City will not be responsible for any disputes arising out of transactions made by
other agencies who utilize this Agreement.
5.42 Non-Discrimination and Anti-Harassment Laws. Contractor must comply with all
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and
regulations.
5.43 Licenses and Permits. Beginning with the Effective Date and for the full term of this
Agreement, Contractor must maintain all applicable City, state, and federal licenses and
permits required to fully perform Contractor’s services under this Agreement.
5.44 Warranties. Contractor must furnish a one-year warranty on all work and services
performed under this Agreement. Contractor must furnish, or cause to be furnished, a two-
year warranty on all fixtures, furnishings, and equipment furnished by Contractor,
subcontractors, or suppliers under this Agreement. Any defects in design, workmanship, or
materials that do not comply with this Agreement must be corrected by Contractor (including,
but not limited to, all parts and labor) at Contractor’s sole cost and expense. All written
warranties and redlines for as-built conditions must be delivered to the City on or before the
City’s final acceptance of Contractor’s services under this Agreement.
5.45 Emergency Purchases. City reserves the rights to purchase from other sources those
items, which are required on an emergency basis and cannot be supplied immediately by the
Contractor.
5.46 Non-Exclusive Agreement. This agreement is for the sole convenience of the City of
Chandler. The City reserves the right to obtain like goods or services from another source when
necessary.
5.47 Budget Approval Into Next Fiscal Year. This Agreement will commence on the Effective Date
and continue in full force and effect until it is terminated or expires in accordance with the
provisions of this Agreement. The Parties recognize that the continuation of this Agreement after
the close of the City's fiscal year, which ends on June 30 of each year, is subject to the City Council's
approval of a budget that includes an appropriation for this item as expenditure. The City does not
represent that this budget item will be actually adopted. This determination is solely made by the
City Council at the time Council adopts the budget.
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This Agreement shall be in full force and effect only when it has been approved and executed
by the duly authorized City officials.
FOR THE CITY
FOR THE CONTRACTOR
By: _________________________________________
By: _________________________________________
Its: Mayor
Its: _________________________________________
APPROVED AS TO FORM:
By: _________________________________________
City Attorney
ATTEST:
By: _________________________________________
City Clerk
DocuSign Envelope ID: 808A2B6C-3554-4021-AC0C-6195EF4538D5
Attorney at Law
13
EXHIBIT A
SCOPE OF SERVICES
APPEARANCE TIME
The Contractor will provide services in a regular full-time assignment. Contractor will appear
regularly for two (2) full day sessions and one (1) half-day session every other week (i.e., 2.5 days
every other week/total of five (5) days per month) as follows:
-
One (1) half-day appearance, Jail court (8:30 AM to 11:00 AM)
-
Two (2) full-day appearances, regular docket (8:30 AM to Noon, 1:30 PM to 5:00 PM)
The Contractor will appear according to the following schedule.
COURTROOM 5
PUBLIC DEFENDER SLOT 3 SCHEDULE
(WEEK 1)
Public Defender assigned to courtroom 5,
week 1.
TUESDAY
AM – Pre-Trial Conference
PM – Pre-Trial Conference
WEDNESDAY
AM – Jail Court
PM – Pre-Trial Conference
THURSDAY
AM – Trials/Hearing
CONTRACTOR’S OBLIGATIONS
1. Contractor shall provide legal representation as a public defender to eligible defendants when
appointed to do so by a judicial officer of the Court.
2. Contractor shall provide legal advice/guidance at initial arraignments and at in-custody/out-
of-custody proceedings.
3. Scope and Requirements of Representation. Contractor shall represent assigned defendants
at all court proceedings, including but not limited to, arraignments, pre-trial conferences,
calendar calls, motions, evidentiary hearings, oral arguments, settlement conferences, jury
and bench trials, sentencings, sentence reviews, Rule 11 hearings, modifications of sentence,
orders to show cause hearings, bail hearings, probation revocation proceedings (arraignments
and hearings), special hearings, appeal proceedings and special actions, as well as appeals to
higher courts, unless the judicial officer before whom the matter is to be heard excuses the
personal appearance by the Contractor. Contractor must be able to participate in proceedings
that are conducted in-person or remotely using video and audio technology. Contractor must
be proficient in the use of virtual appearance technology, digital signature software (e.g.,
DocuSign), and related technologies and software. In addition to representing in-custody
clients, Contractor shall also serve as advisory counsel during assigned jail court appearances
and at other court hearings as determined by the Contract Administrator.
4. Continuing Obligation of Representation. In the event this Agreement expires and is not
renewed at the end of a contract term, or if for any reason it is terminated by either party,
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Contractor shall remain responsible for completing all cases assigned and active before the
end date of the Agreement regardless of the length of time necessary to complete the case
after the date of expiration or termination unless Contractor is relieved from the case by the
Court.
5. Quality of Representation. Contractor shall provide competent and professional legal
representation consistent with the standards set forth in the Arizona Rules of Professional
Conduct and applicable case law to every assigned Defendant. Contractor shall use reasonable
diligence and promptness in notifying clients of their legal rights and legal options, and in
advocating for clients with respect to all matters that may be appropriately raised before the
Court in defense of the clients and/or relating to the matter(s) of the clients that are scheduled
with the Court at the assigned docket. Contractor shall also use professionally reasonable
diligence in notifying and advising clients of possible consequences of Court action resulting
from Defendants’ nonperformance of Court obligations or nonappearance at future scheduled
Court sessions (proof of such notice may be requested and shall be supplied by Contractor
upon request). Minimum performance standards applicable to Contractor’s representation
shall include, but are not limited to, the following:
a. Contractor shall be available to consult with assigned clients prior to pretrial disposition
conferences and is required to use reasonable diligence in maintaining contact with
defendants through final disposition of their cases.
b. Contractor shall be ready to proceed at their scheduled hearing unless timely notification
is filed with the court.
c. Contractor shall be accessible and responsive to assigned defendants including accepting
and responding in a timely manner to client communications via telephone and e-mail.
d. Contractor shall report to all scheduled proceedings promptly and shall be fully prepared
before the commencement of any proceeding. Contractor shall remain in court until
proceedings related to their assigned defendants are finished for the day and all related
paperwork is completed and signed.
6. Substitute Counsel. Contractor shall provide substitute counsel when unable for any reason
to appear in Court or at any of the proceedings described above for any Defendant Contractor
has been appointed to represent. Substitute counsel shall not be used routinely and shall not
exceed twenty percent (20%) of all court appearances in cases assigned to Contractor. In
general, substitute counsel should be used only when Contractor cannot provide services
because of illness, a scheduled vacation, or a prior legal commitment of precedence in another
court. Substitute counsel shall be provided at Contractor’s sole expense. Contractor shall
provide the Contract Administrator with the names, addresses, and telephone numbers of
substitute counsel who will be responsible for providing public defense services. No counsel
shall be offered as a substitute in the performance of services under this Agreement without
the prior written consent of the Contract Administrator. Contractor shall provide notice to
designated Court staff of all substitutions of counsel in a timely manner. Substitute counsel
will not conduct any jury trial or bench trial unless, pursuant to Rule 6.3. of the Arizona Rules
of Criminal Procedure, a motion for substitution of counsel is granted by the Court.
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7. Costs. Contractor shall be responsible at its sole cost and expense for all normal and incidental
costs incurred in the representation of indigent defendants assigned by the Court pursuant to
this Agreement including, but not limited to, costs of office space, telephones, transportation,
photographs, photocopies (including photocopies of discoverable materials), office supplies,
office overhead, reports, secretarial services, law clerks, out-of-court interpreters and
transcribers, transcripts (other than appeal transcripts), depositions, and preparation of
reports required by this Agreement. Contractor will not be charged for photocopies of
discoverable materials obtained from the Chandler City Prosecutor's Office.
8. Interpreter Costs. The Court will provide interpreters for non-English speaking defendants for
all in-court proceedings. Contractor shall provide, at its own expense, interpreters for all
out-of-court matters.
9. Financial Circumstances of Defendant. The Court will provide forms for defendants to prepare
and submit to the Court to determine a defendant's indigence. Contractor shall not be asked
to advise clients until the Court has determined that they are indigent and entitled to public
defender representation. It is Contractor’s responsibility to notify the Court if there is a
reasonable basis to believe that any assigned indigent client is not indigent. If the Court
determines a defendant is not indigent and allows Contractor to withdraw, Contractor agrees
not to represent that defendant in that case for a fee. Contractor acknowledges that it is the
Contractor’s responsibility to bring such questions of non-indigency promptly to the attention
of the Court. Contractor shall not solicit its public defender clients for future representation
for a fee.
10. Defendant Conflicts. In the event a case involves two or more defendants or Contractor
declares a conflict of interest, the judge may assign one or more defendants to another Public
Defender.
11. Precedence of Cases. Contractor agrees that court settings in the Chandler Municipal Court
are to take precedence over civil cases and all other criminal cases in other courts which do
not have precedence as provided by the Arizona Rules of Criminal Procedure.
12. Prohibition Against Excessive Caseloads. Contractor shall maintain a combined private and
contractual caseload consistent with Contractor’s ethical duty and the contractual requirement
to provide adequate and competent representation. At no time shall Contractor’s private
practice caseload reach such a level during a term of this Agreement so as to jeopardize
Contractor’s ability to complete a case in the Court or otherwise perform Contractor’s duties
under this Agreement.
CASE ASSIGNMENTS
1. The Court shall determine the assignment of indigent cases to Contractor. The Court retains
the exclusive right to assign cases based on the ability of Contractor to meet the Court’s
calendars and schedule and Contractor’s expertise in relation to each case.
2. The Court may elect to reassign cases to provide coverage or balance caseloads. The Contract
Administrator retains the right to rearrange Attorney assignments, including to a different
courtroom or courtrooms, days, or times for the purpose of receiving new case assignments
or for adjustments made to the Court calendar at any time.
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WORKLOAD
1. Contractor agrees it will not accept representation of clients, whether private or under this
Agreement or any other agreement, to the extent that such representation would inhibit
Contractor’s ability to demonstrate an appropriate level of professional competency in
accordance with Arizona Rules of Professional Conduct and applicable case law and/or cause
its caseload to exceed the national caseload standard established for misdemeanors in
Standard 13.12 of the National Advisory Commission on Criminal Justice Standards and Goals.
2. Contractor shall notify the Contract Administrator if its case load prevents Contractor from
meeting ethical obligations to clients assigned under this Agreement. Upon receiving such
notification, the Contract Administrator shall meet with Contractor to discuss ways to address
and alleviate the case load congestion.
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EXHIBIT B
COMPENSATION AND FEES
1. Regular Full-time Assignment: For performance of the duties and responsibilities set forth in
this Agreement, Contractor shall be compensated at the rate of $60,000.00 (Sixty Thousand
Dollars) per year payable in monthly installments of $5,000.00, pro-rated for months in which
Contractor did not perform services for all or part of the month. This Agreement does not
establish a cap on the number of cases assigned for this level of compensation.
Compensation is all inclusive for the performance of services for all matters set in the Court
as described in Exhibit A and, except as otherwise provided herein, includes all labor, travel,
and expenses through completion of the work and any continuing ethical obligations to
represent assigned defendant(s) that were assigned prior to the end of this Agreement.
2. The City Manager may, for good cause, approve an amendment to the Agreement increasing
the compensation to be paid under the Agreement by up to 5 percent during any term of the
Agreement. Any amendment to the Agreement shall be in writing and signed by both parties.
3. Payments for approved and accepted services will be made after presentation of a monthly
invoice for payment to the Contract Administrator, or designee, for services performed in the
preceding month. Invoices must be submitted no later than the 7th day of each calendar
month and must provide caseload details for the preceding month including: (i) the name of
each Defendant, (ii) the associated case number(s), (iii) the date(s) services were provided, and
(iv) a general description of the services provided. Payment is for services rendered during the
calendar month and shall be prorated for months in which Contractor did not perform services
for all or part of the month.
4. Compensation paid under the Agreement is for Contractor’s services performed through
completion of all matters assigned to Contractor during the term of the Agreement. City shall
not owe compensation to Contractor in excess of the annual compensation amount for any
work performed after the end of the Agreement on matters assigned on or before the end of
the Agreement. For each renewal term of the Agreement, City shall not owe compensation in
excess of the annual compensation amount for work performed after the end of any renewal
term on matters assigned on or before the end of the extension term.
5. Expert Fees. The City will be responsible for fees for expert witnesses up to a maximum of
$500.00 per year. The $500.00 annual maximum may be exceeded only when appointment of
a witness is ordered by the Court.
6. Contractor shall not collect or receive any payment or remuneration in any form from
defendants assigned to Contractor under this Agreement for services provided on the
assigned cases.
7. Taxes. Contractor shall be solely responsible for any and all tax obligations, which arise out of
the Contractor’s performance of this contract. The City shall have no obligation to pay any
amounts for taxes, of any type, incurred by Contractor.
8. Special Assignments. In addition to the monthly payments set forth above, Contractor shall be
compensated for services rendered in connection with Contractor’s appointment as advisory
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counsel for special events including, but not limited to, Weekend Court and Judicial Awareness
and Education events at the rate of $70.00 per hour (two hour minimum).
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EXHIBIT C
INSURANCE
INSURANCE
General.
A.
At the same time as execution of this Agreement, the Contractor shall furnish the
City a certificate of insurance on a standard insurance industry ACORD form. The
ACORD form must be issued by an insurance company authorized to transact
business in the State of Arizona possessing a current A.M. Best, Inc. rating of A-7, or
better and legally authorized to do business in the State of Arizona with policies and
forms satisfactory to City. Provided, however, the A.M. Best rating requirement
shall not be deemed to apply to required Workers’ Compensation coverage.
B.
The Contractor and any of its subcontractors shall procure and maintain, until all of
their obligations have been discharged, including any warranty periods under this
Agreement are satisfied, the insurances set forth below.
C.
The insurance requirements set forth below are minimum requirements for this
Agreement and in no way limit the indemnity covenants contained in this
Agreement.
D.
The City in no way warrants that the minimum insurance limits contained in this
Agreement are sufficient to protect Contractor from liabilities that might arise out
of the performance of the Agreement services under this Agreement by Contractor,
its agents, representatives, employees, subcontractors, and the Contractor is free
to purchase any additional insurance as may be determined necessary.
E.
Failure to demand evidence of full compliance with the insurance requirements in
this Agreement or failure to identify any insurance deficiency will not relieve the
Contractor from, nor will it be considered a waiver of its obligation to maintain the
required insurance at all times during the performance of this Agreement.
F.
Use of Subcontractors: If any work is subcontracted in any way, the Contractor shall
execute a written contract with Subcontractor containing the same Indemnification
Clause and Insurance Requirements as the City requires of the Contractor in this
Agreement. The Contractor is responsible for executing the Agreement with the
Subcontractor and obtaining Certificates of Insurance and verifying the insurance
requirements.
Minimum Scope and Limits of Insurance. The Contractor shall provide coverage with limits of
liability not less than those stated below.
A.
Professional Liability. Contractor must maintain Professional Liability insurance
covering errors and omissions arising out of the work or services performed by
Contractor, or anyone employed by the Contractor, or anyone whose acts, mistakes,
errors and omissions Contractor is legally liable, with a liability limit of $500,000
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each claim and $1,000,000 all claims. In the event the Professional Liability
insurance policy is written on a “claims made” basis, coverage must extend for three
years past completion and acceptance of the work or services, and Contractor will
submit Certificates of Insurance as evidence the required coverage is in effect.
Contractor must annually submit Certificates of Insurance citing that the applicable
coverage is in force and contains the required provisions for a three-year period.
Proof of coverage and effective dates thereof shall be submitted to the Contract
Administrator at the address for Notices (Section 5.7) within 10 days of the effective
day of the Agreement.
B.
Workers Compensation and Employers Liability Insurance: Contractor must maintain
Workers Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Contractor employees engaged in the performance
of work or services under this Agreement and must also maintain Employers’
Liability insurance of not less than $1,000,000 for each accident and $1,000,000
disease for each employee. If the Contractor is a sole proprietor or a single member
limited liability company with no employees, and has elected not to purchase
Workers’
Compensation
Insurance;
a
completed
and
signed
Workers’
Compensation Waiver Form will substitute for the insurance requirement.
C.
Insurance Cancellation during Term of Agreement.
1. If any of the required policies expire during the life of this Agreement, the
Contractor must forward renewal or replacement Certificates to the City within
10 days after the renewal date containing all the required insurance provisions.
2. Each insurance policy required by the insurance provisions of this Agreement
shall provide the required coverage and shall not be suspended, voided or
canceled except after 30 days prior written notice has been given to the City,
except when cancellation is for non-payment of premium, then 10 days prior
notice may be given. Such notice shall be sent to the Presiding City Magistrate
(Contract Administrator) at the address for Notices in Section 5.7. If any
insurance company refuses to provide the required notice, Contractor or its
insurance broker shall notify City of any cancellation, suspension, non-renewal
of any insurance within seven days of receipt of insurers’ notification to that
effect. Contractor’s failure to maintain professional liability insurance will result
in termination of the Agreement.
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EXHIBIT D
SPECIAL CONDITIONS
NONE
DocuSign Envelope ID: 808A2B6C-3554-4021-AC0C-6195EF4538D5
Certificate Of Completion
Envelope Id: 808A2B6C35544021AC0C6195EF4538D5
Status: Sent
Subject: Complete with Docusign: 4762 Public Defender Agreement Room 5 Slot 3 Allen - Legal signed.pdf
EDMS Application: CC-AGRMTS
Source Envelope:
Document Pages: 21
Signatures: 1
Envelope Originator:
Certificate Pages: 5
Initials: 0
Saranna Davidson
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-07:00) Arizona
PO Box 4008
Chandler, 85244
Saranna.Davidson@chandleraz.gov
IP Address: 198.241.2.1
Record Tracking
Status: Original
6/6/2024 | 03:06 PM
Holder: Saranna Davidson
Saranna.Davidson@chandleraz.gov
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: City of Chandler
Location: DocuSign
Signer Events
Signature
Timestamp
Jared Allen
jared@jsazlaw.com
Attorney at Law
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 65.140.184.95
Sent: 6/6/2024 | 03:45 PM
Viewed: 6/7/2024 | 08:36 AM
Signed: 6/7/2024 | 08:45 AM
Electronic Record and Signature Disclosure:
Accepted: 6/7/2024 | 08:36 AM
ID: 085105ef-f12d-4a83-8ef9-f93c59e0410b
Records Division
Signing Group: Records Division
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rowena Laxa
rowena.laxa@chandleraz.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 9/22/2021 | 09:44 AM
ID: 840f9ca9-78aa-4caa-99bc-c4c879b2dd53
Kevin Hartke
kevin.hartke@chandleraz.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 6/28/2021 | 11:17 AM
ID: 2531f230-027c-41f7-9166-1189df6a8c8f
Dana DeLong
Dana.DeLong@chandleraz.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Signer Events
Signature
Timestamp
Accepted: 6/28/2021 | 01:03 PM
ID: e796186e-c533-4a41-978c-34d69e29778a
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Records Division
Signing Group: Records Division
Security Level: Email, Account Authentication
(None)
Sent: 6/7/2024 | 08:45 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Rosenda Contreras
Rosenda.Contreras@chandleraz.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 3/30/2022 | 01:24 PM
ID: fd43dfe1-51e8-4292-b795-54e27b662b8e
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
6/6/2024 | 03:45 PM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Chandler (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to this Electronic Record and Signature
Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to
use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign
system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.15 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Electronic Record and Signature Disclosure created on: 4/14/2021 | 08:43 AM
Parties agreed to: Jared Allen, Rowena Laxa, Kevin Hartke, Dana DeLong, Rosenda Contreras
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Chandler:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: esignature@chandleraz.gov
To advise City of Chandler of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at esignature@chandleraz.gov and
in the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from City of Chandler
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to esignature@chandleraz.gov and in the
body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Chandler
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to esignature@chandleraz.gov and in the body of such request you must state
your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before
clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
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