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Avondale[Q]
Aspiring. Achieving. Accelerating.
October 28, 2020
Maricopa County
301 W Jefferson St
Phoenix, AZ 85003
Re: First Amendment to Amended and Restated Intergovernmental Agreement
Clint Hickman,
Enclosed, please find (1) copy of the First Amendment to Amended and Restated
Intergovernmental Agreement between City of Goodyear and the City of Avondale.
Once you have signed the agreement, please return signature page to the City of Avondale at
your earliest convenience.
If | can be of any further assistance, please call me at (623) 333-1215.
Amapola Arreola
City of Avondale
City Clerk Offices
aarreola@avondale.org
City Clerk’s Department
11465 W Civic Center Drive, Suite 200 * Avondale, AZ 85323
Phone: (623) 333-1200 ¢ Fax: (623) 333-0120 * TDD: (623) 333-0010
\A-064-C
FIRST AMENDMENT
TO
AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT
AMONG
CITY OF AVONDALE, CITY OF BUCKEYE,
CITY OF GOODYEAR, MARICOPA COUNTY
AND
ARIZONA DEPARTMENT OF CHILD SAFETY
TO
PROVIDE INTEGRATED SERVICES TO CHILDREN AND FAMILIES
THIS FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (this “First
Amendment”) is entered into as of the last signature date below, between the City of Avondale, an
Arizona municipal corporation (the “City”), the City of Buckeye, an Arizona municipal
corporation ("Buckeye"), the City of Goodyear, an Arizona municipal corporation ("Goodyear"),
Maricopa County, Arizona, an Arizona municipal corporation, acting by and through the Maricopa
County Sheriff's Office ("Maricopa") and the State of Arizona, Department of Child Safety
("DCS") to provide integrated services to children and families at the Southwest Family Advocacy
Center located at 2333 N. Pebble Creek Parkway, Suite A-200, Goodyear, Arizona 85395 (the
Center). Avondale, Buckeye, Goodyear and Maricopa are collectively referred to herein as the
Partnering
5 1 3 1 10 2 572 1624 205 45 90.113243 Agencies. DCS and the Partnering Agencies are collectively referred to herein as the
“Parties.”
RECITALS
A. The Parties entered into that certain Intergovernmental Agreement, Contract No.
19-087C, dated October 8, 2018, for the Partnering Agencies to participate in the shared use of
the Center with DCS for the provision of services for victims of child physical and sexual abuse
(the “Agreement”). All capitalized terms not otherwise defined in this First Amendment have the
same meanings as set forth in the Agreement.
B. The Parties desire to enter into this First Amendment to extend the term of the
Agreement for the shared use of the Center.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Parties hereby agree as follows:
1. Term of Agreement. The term of the Agreement is hereby extended and shall
remain in full force and effect until June 30, 2023 unless terminated as otherwise provided pursuant
to the terms and conditions of the Agreement.
2. Effect_of Amendment. The Agreement is affirmed and ratified and, except as
expressly modified herein, all terms and conditions of the Agreement shall remain in full force and
effect.
3, Non-Default. By executing this First Amendment, the Parties affirmatively assert
that (i) neither party is currently in default, nor has been in default at any time prior to this First
Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims,
known and unknown, relating to the Agreement and existing on or before the date of this First
Amendment are forever waived.
4, Conflict of Interest. This First Amendment and the Agreement may be canceled by
either party pursuant to ARIZ. REV. STAT. § 38-511.
5, ‘Counterparts. This First Agreement may be executed in any number of
counterparts, all such counterparts shall be deemed to constitute one and the same instrument and
each of said counterparts shall be deemed original hereof.
[SIGNATURES ON FOLLOWING PAGES]
IN WITNESS WHEREOEF, the parties hereto have executed this instrument as of the date
and year first set forth above.
“AVONDALE”
CITY OF AVONDALE,
an Arizona municipal corporation
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Date:
Charles A. Mentoya, City Manager
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CERTIFICA‘H@ON. BY EGAL COUNSEL
In accordance with the requirements of ARIZ. REV. STAT. § 11-952(D), the undersigned
Attorney acknowledges that (i) he has reviewed the above agreement on behalf of his client and
(ii) as to his client only, has determined that the Agreement is in proper form and is within
thepowers and authority granted under the laws of the State of Arizona.
City ~)
Nicholl Harzis, Atom
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
“Buckeye”
CITY OF BUCKEYE,
an Arizona municipal corporation
Date:
Roger Klinger, City Manager
ATTEST:
Lucinda J. Aja, City Clerk
CERTIFICATION BY LEGAL COUNSEL
In accordance with the requirements of ARIZ. REV. STAT. § 11-952(D), the undersigned
Attorney acknowledges that (i) he has reviewed the above agreement on behalf of his client and
(ii) as to his client only, has determined that the Agreement is in proper form and is within the
powers and authority granted under the laws of the State of Arizona.
Sheila Schmidt, City Attorney
[SIGNATURES CONTINUE OF FOLLOWING PAGES]
“Goodyear”
CITY OF GOODYEAR,
an Arizona municipal corporation
Date:
Julie Arendall, City Manager
ATTEST:
Darcie McCracken, City Clerk
CERTIFICATION BY LEGAL COUNSEL
In accordance with the requirements of ARIZ. REV. STAT. § 11-952(D), the undersigned
Attorney acknowledges that (i) he has reviewed the above agreement on behalf of his client and
(ii) as to his client only, has determined that the Agreement is in proper form and is within the
powers and authority granted under the laws of the State of Arizona.
Roric Massey, City Attorney
[SIGNATURES CONTINUE OF FOLLOWING PAGES]
COUNTY OF MARICOPA, ARIZONA,
an Arizona municipal corporation
Date:
Clint Hickman, Chairman, Board of Supervisors
ATTEST:
Fran McCarroll, Clerk of the Board
CERTIFICATION BY LEGAL COUNSEL
In accordance with the requirements of ARIZ. REV. STAT. § 11-952(D), the undersigned
Attorney acknowledges that (i) he has reviewed the above agreement on behalf of his client and
(ii) as to his client only, has determined that the Agreement is in proper form and is within the
powers and authority granted under the laws of the State of Arizona.
County Attorney
[SIGNATURES CONTINUE OF FOLLOWING PAGE]
“NCS”
STATE OF ARIZONA, DEPARTMENT OF CHILD SAFETY,
an Arizona municipal corporation
By: Date:
Name:
Title:
CERTIFICATION BY LEGAL COUNSEL
In accordance with the requirements of ARIZ. REV. STAT. § 11-952(D), the undersigned
Attorney acknowledges that (i) he has reviewed the above agreement on behalf of his client and
(ii) as to his client only, has determined that the Agreement is in proper form and is within the
powers and authority granted under the laws of the State of Arizona.
Assistant Attorney General
“DCS”
STATE OF ARIZONA, DEPARTMENT OF CHILD SAFETY,
an Arizona municipal corporation
By: Date:
Name:
Title:
CERTIFICATION BY LEGAL COUNSEL
In accordance with the requirements of ARIZ. REV. STAT. § 11-952(D), the undersigned
Attorney acknowledges that (i) he has reviewed the above agreement on behalf of his client and
(ii) as to his client only, has determined that the Agreement is in proper form and is within the
powers and authority granted under the laws of the State of Arizona.
Assistant Attorney General