SOUTHWEST ADVOCACY CENTER AGREEMENT 4 MUNICIPALITIES.PDF

INTERGOVERNMENTAL AGREEMENT
AMONGST
THE CITY OF AVONDALE, THE CITY OF BUCKEYE,
THE CITY OF GOODYEAR AND THE COUNTY OF MARICOPA, ARIZONA
FOR THE SOUTHWEST FAMILY ADVOCACY CENTER
THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement") is entered into as of
the date of the last signature below, by and amongst the City of Avondale, an Arizona municipal
corporation ("Avondale"), the City of Buckeye, an Arizona municipal corporation ("Buckeye"), the
City of Goodyear, an Arizona municipal corporation ("Goodyear") and the County of Maricopa,
Arizona, a political subdivision, acting by and through the Maricopa County Sheriff's Office
("Maricopa"), for the operation of the Southwest Family Advocacy Center (the "Center"). Avondale,
Buckeye, Goodyear and Maricopa are referred to herein individually, as a "Partnering Agency" and
collectively, as the "Partnering Agencies."
RECITALS
A. In 2006, Avondale, Buckeye, and Goodyear had a combined statistical approximation
of 1,200 cases that involved domestic violence, nearly 200 cases involving child crimes and more
than 140 cases of adult sexual assault. The collaborating agencies wanted to improve the criminal
justice system's response to these victims and identified the following areas of focus: (i) excessive
interviews of victims, (ii) collaboration and communication among agencies charged with
responding to abuse cases and (iii) immediate and long-term services available to abuse victims and
their families. The need for a multidisciplinary investigative center for victims in the Southwest
Valley was evident.
B. The Partnering Agencies believe that they can improve services provided to victims of
child sexual and physical abuses, child neglect, child endangerment and adult victims of sexual
abuse, sexual assault, domestic violence and elder abuse through the continued operation, of a multi-
disciplinary team approach in the investigation, assessment, prosecution and medical and therapeutic
treatment. The multidisciplinary approach, also known as the advocacy center model, is a victim-
focused, facility-based program in which representatives from the core disciplines of law
enforcement, child protection, prosecution, mental health, medical and victim advocacy collaborate
to investigate abuse reports, conduct forensic interviews, determine and provide evidence-based
interventions, and assess cases for prosecution.
C. As a community-based program, the Center is designed to meet the unique needs of
the communities it serves. The Center was founded on the partners' shared belief that the
investigation, prosecution, and treatment of child abuse and adult sexual abuse crimes are a
multifaceted community problem and no single agency, individual or discipline has the necessary
knowledge, skills or resources to the serve the needs of these victims and their families.
D. The Center is a government-funded organization that is administered by a Steering
Committee. The Center is an Accredited Member of the National Children's Alliance, an
organization responsible for the accreditation of Advocacy Centers across the United States. Staff
adheres to the established Standards of Practice for Children's Advocacy Centers and the Maricopa
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County's Multidisciplinary Protocol for the Investigation of Child 'Abuse.
E. The coordinated and comprehensive response provided to victims of abuse is guided
by the Partner Agencies shared philosophy that the combined expertise of professionals across
disciplines results in a complete understanding of case issues and better provides help, support and
protection to children and families as they pursue healing and justice. The Partner Agencies are
committed to the multidisciplinary approach and the advocacy center model for its multidisciplinary
abuse intervention response which includes: law enforcement, Department of Child Safety, county
attorney's office, medical staff, mental health staff, victim advocacy staff and advocacy center staff.
The Partner Agencies believe in the importance of interagency information sharing among
multidisciplinary team members within the legal, ethical and professional requirements as dictated by
each profession. The Partner Agencies acknowledge the importance of cross-discipline training and
the implementation of said training plan by the Center's Director. The Partner Agencies commit to
participation in the multidisciplinary team to achieve the overarching goals of the Center. The
Partner Agencies are comrnited to shared referral, intake and interviewing procedures, collaborative
decision-making and coordinated case planning and service delivery.
F. The multidisciplinary team approach, through the institution of the Center, will serve
to enhance the individual efforts of each Partnering Agency. The primary goal is to ensure that
victims are not further victimized by the intervention systems designed to protect them. The
objectives include the development and provision of (i) a comprehensive multidisciplinary,
developmentally and culturally appropriate, evidence-based response to the needs of children and
their families in our collective communities; (ii) a neutral, victim-friendly facility where forensic
interviews and coordinated case planning can be conducted; (iii) trauma-focused, evidence-supported
medical and mental health treatment and victim services are provided; (iv) effective and coordinated
case-management efforts based on open communication, information sharing and collaborative
decision making; (v) comprehensive case tracking that monitors investigative, prosecutorial, child
protection, medical, mental health and victim advocacy services; and (vi) cross-disciplinary, cross-
cultural, and discipline-specific continuing education and training that enhances professional
practice.
G. The benefits to he Partnering Agencies' communities include but are not limited to (i)
more immediate investigative response to abuse reports; (ii) more efficient and specialized medical
and mental health services and referrals; (iii) accessible and comprehensive victim services; (iv)
reduction in the number of victim interviews; (v) increased successful prosecutions; and (vi)
consistent, evidence-based support for victims and their families.
H. The benefits to the multidisciplinary team members include but are not limited to (i)
appreciation and understanding of the roles, responsibilities, strengths and limitations of other
agencies, systems and disciplines; (ii) increased access to professional and cross-disciplinary
training; (iii) informed decision making with improved outcomes for victims and providers; (iv)
opportunities to enhance policies and practice that improve system response, and (v) collegial
support that helps address vicarious trauma and builds professional resilience.
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I. The Partnering Agencies are authorized to enter into this Agreement pursuant to ARIZ.
REV. STAT. § 11-952 and desire to enter into this Agreement to set for their obligations with
respection to the operation of the Center.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing 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 Partnering
Agencies agree as follows:
1. Purpose and Intent of Agreement.
1.1 The Partnering Agencies intend to operate and manage the Center for use by
the Partnering Agencies to provide on-site agency collaboration through the use of the
multidisciplinary team approach and the advocacy center model, the investigation, prosecution
assessment, treatment, protection, and prevention of child sexual and physical abuse, child neglect,
child endangerment, adult sexual abuse, sexual assault, domestic violence and elder abuse cases.
1.2 This Agreement provides for the operation and funding of the Center and
supersedes any and all agreements previously entered into for the operation and funding of the
Center.
1.3 Avondale shall provide for the overall day-to-day management of the Center
subject to the guidance of the Steering Committee (as defined in Subsection 5.1 below).
2. Term. This Agreement shall remain in full force and effect until June 30 , 2024 (the
"Initial Term"), unless terminated as otherwise provided pursuant to the terms and conditions of this
Agreement. After the expiration of the Initial Term, this Agreement shall automatically renew for
successive three-year terms (each a "Renewal Term") thereafter until the Partnering Agencies
terminate this Agreement pursuant to the terms and conditions contained herein. The Initial Term
and any Renewal Term(s) are collectively referred to herein as the "Term." Upon renewal, the terms
and conditions of this Agreement shall remain in full force and effect.
3. Finances. Each Partnering Agency shall contribute toward the annual operations and
maintenance budget of the Center ("O&M Costs") in equal shares, as more fully set forth herein.
3.1 Budget. The Center Director (as defined in Subsection 5.2 below) and the
Avondale Police Department Budget Manager will develop an estimated annual Center operations
and maintenance budget for review by the Partnering Agencies by December 15th of each year. The
Steering Committee shall adopt and approve a final operations and maintenance budget for the
following fiscal year, no later than February 1st of the current fiscal year. The operations and
maintenance budget shall include all annual operating, maintenance, and repair costs for the Center,
including, but not limited to, (A) authorized personnel salaries and benefits, (B) services and supplies
including, but not necessarily limited to, utilities, office supplies, maintenance supplies, contractual
services, (C) expenditures related to repair and maintenance of the Center facility, (D) liability
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insurance as provided in Section 7.4 below (E) lease expenditures, and (F) all other expenditures
approved by the Steering Committee (the "O&M Budget").
3.2 Partnering Agency Obligations. Each Partnering Agency shall bear, at its own
expense, the operating, repair, and maintenance costs incurred solely for the benefit of each
respective Partnering Agency (i.e., Partnering Agency provided office furniture and equipment
(including technology related equipment) used by the respective Partnering Agency). Each
Partnering Agency will acquire, hold or dispose of their personal property housed at the Center and
necessary to operate its respective portion of the Center (i.e. computers, printers, etc.).
3.3 Center Fund, All Center accounts are subject to oversight and control of the
Steering Committee. Avondale will administer the financial activities of the Center as a revenue
fund (the "Center Fund") in accordance with generally accepted accounting principles. All monies
received by the Center, included each Partnering Agencies' proportionate share of the O&M Costs,
shall be deposited into the Center Fund. Expenditures from the Center Fund over $5,000 require the
approval of the Steering Committee, The Center Fund will receive and separately account for all
income belonging to the Center. All monies not expended in the Center Fund will remain the
property of the Center Fund and roll forward into the next fiscal year for expenditure in accordance
with the provisions herein. Any interest earned on the monies in the Center Fund, after deducting
applicable bank charges, must be credited to this Center Fund, Nothing in this Agreement will act as
an abrogation of the budgeting and appropriation authority of the legislative and/or governing bodies
of the respective Partnering Agencies.
3.4 Joint Use Purchases. All property items (i.e. furniture, equipment, supplies
and furnishings) authorized by the Steering Committee to be jointly purchased for use by the
Partnering Agencies shall be considered "Joint Use Items." The cost for Joint Use Items shall be
shared equally by the Partnering Agencies and shall be paid for out of the Center Fund. All Joint
Use Items shall be considered property of the Center and shall not be removed from the Center by a
Partnering Agency. Avondale, as the day-to-day operator of the Center, shall not dispose of or
otherwise convert any such Joint Use Items without the consent of the Steering Committee. Subject
to the termination provisions set forth in Section 10 below, all Joint Use Items shall be held by
Avondale for the benefit of and use by all Partnering Agencies.
3.5 Reimbursement, Each Partnering Agency shall reimburse the Center for the
costs of repair of damage to the Center beyond ordinary wear and tear, caused by the Partnering
Agency. The Center Director shall (A) determine the costs of repair and a preliminary determination
as to whether such repairs are beyond ordinary wear and tear and (B) report such determinations to
the Steering Committee, which shall be the final decision as to whether the costs are to be assessed to
a Partnering Agency. In the event that the Steering Committee disagrees with the Center Director's
determination, the costs shall be paid from the Center Fund. This provision does not apply to claims
covered under any property coverage or insurance.
3.6 Invoices. Avondale, acting by and through the Center Director, shall invoice
each Partnering Agency at least quarterly for its proportionate share of O&M Costs. For purposes of
municipal budgeting and planning purposes, an estimate of the proportionate share for the following
fiscal year will be provided to each Partnering Agency not later than February 1st of each year.
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4. Center Location. Avondale shall enter into a lease for a facility, that is mutually
agreeable to the Partnering Agencies, to house the Center and shall be responsible for all necessary
payments related thereto. The Center is currently located at 2333 North Pebble Creek Parkway,
Goodyear, Arizona,
5. Center Governance.
5.1 Steering Committee. The Steering Committee is hereby established by this
Agreement and shall serve as the governing body of the Center. The Steering Committee shall
consist of the Avondale Police Chief, the Buckeye Police Chief, the Goodyear Police Chief and the
Maricopa County Sheriff's Office Bureau Chief (the "Steering Committee")..
A. Chairperson. During FY 2018-19, the Buckeye Police Chief shall
serve as chairman of the Steering Committee. Thereafter, at the first meeting of each fiscal
year (July 1 through June 30), the Steering Committee chairperson position shall rotate
among the partners (Goodyear, Maricopa County, Avondale and Buckeye, in that order).
B. Responsibilities. As the governing body of the Center, the Steering
Committee shall (1) review and approve any capital improvement plan for the Center, (2)
review and approve the annual Center O&M Budget for the period July 1 through June 30 or
portion thereof for each year of operation, by February 1st for the following fiscal year, (3)
review and approve the Center Policies and Procedures Manual, and any amendments
thereto, (4) review and approve donations to the Center and (5) conduct all other duties and
responsibilities necessary for the operation of the Center.
C. Meetings. The Steering Committee will meet as necessary, but not
less than quarterly. Meetings will be scheduled on not less than 30 days' written notice to
each Partnering Agency, except upon consent of all of the members of the Steering
Committee. The Center Director will attend Steering Committee meetings as a non-voting
member. Steering Committee members may appoint alternates who may attend Steering
Committee meetings but who shall not have a vote except in the absence of the respective
Steering Committee member. The Center Director shall develop the meeting agenda, preside
at and conduct all meetings of the Steering Committee. As soon as possible after each
meeting, a copy of the minutes shall be provided to each of the members.
D. Voting Authority. Members of the Steering Committee shall vote on
all items on the basis of one vote per Steering Committee member. Except in the case of a
tie, in which the Steering Committee Chairman will have two votes. In the case of the
absence of a Steering Committee member, an appointed alternate shall have the right to vote
on behalf of the respective Partnering Agency. A Steering Committee member may not
designate another Steering Committee member to be his proxy for voting purposes. Before
any action or decision of the Steering Committee is taken or made, the members present shall
have the opportunity to discuss their respective Partnering Agency's positions or opinions on
matters before the Steering Committee.
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5.2 Center Director. The "Center Director" shall be an Avondale employee,
appointed by the Avondale City Manager, as provided herein. The Center Director's salary and
benefits shall be paid for out of the Center O&M Budget. The members of the Steering Committee
will participate in the selection process of the Center Director and will make a recommendation to
the Avondale City Manager regarding selection of the Center Director. After considering
recommendations from the Steering Committee members participating in the selection process, the
Avondale City Manager will select the Center Director. The Steering Committee may make
recommendations to Avondale regarding the Center Director's performance at the time when
Avondale is preparing to conduct the Center Director's evaluation. Avondale agrees to consider the
Steering Committee's recommendations in conducting the Center Director's performance evaluation
and, in addition, Avondale may use additional criteria in evaluating the Center Director's
performance for the year. If the Center Director's position becomes vacant while this Agreement is
in effect, Avondale agrees to provide an interim Center Director and to recruit and select a new
Center Director as outlined herein. All cost for recruitment and selection for the position of Center
Director shall be paid for by the Center O&M Budget.
A. Responsibilities. The Center Director will be primarily responsible for
implementing the decisions of the Steering Committee and for overseeing the day-to-day
operations of the Center. The Center Director will implement the multidisciplinary approach
using the advocacy center model based on the standards for accreditation as established by
the National Children's Alliance. Through the Steering Committee's annual review and
approval of the annual budget for the Center, the Steering Committee will establish priorities
for the Center Director for the upcoming year as they relate to the Center.
B. Center Operations. Avondale, acting by and through the Center
Director shall serve as the day-to-day manager of the Center. The Center Director shall have
the responsibility to maintain the Center in good condition and repair as outlined in the lease
agreement and for overseeing the maintenance and repair of the Center by the property
owner. Avondale shall develop facility management contracts with vendors and oversee the
procurement of emergency repairs for the Center, as required. Emergency repairs will be
defined as those repairs that are immediately necessary to protect buildings, facilities and
grounds from further damage and to keep the Center functional. The Center Director along
with the Avondale Police Department Budget Manager shall establish and maintain accounts
and records, including personnel, property, financial, project management, and other records
as required by Avondale and consistent with generally accepted accounting principles to
ensure proper accounting for all ongoing operating and maintenance costs.
C. Operations Manual. The Center Director will maintain and revise a
policy and procedures manual to be reviewed and approved by the Steering Committee. The
manual will address matters relating to (1) scheduling procedures, (2) policies, procedures
and practices for day-to-day (or otherwise necessary and beneficial to the) operations of the
Center, (3) the staffing and organizational structure of the Center, (4) policies, procedures,
practices, (5) Partnering Agency responsibilities when using the Center, (6) general guidance
for the Center Director's professional operation and management of the Center and (7) any
other matters deemed necessary or beneficial by the Center Director and Steering Committee
(the "Center Operations Manual").
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D. Quarterly Reports. The Center Director shall provide each Partnering
Agency with a quarterly update outlining each Partnering Agency's usage for the quarter and
cumulative total for the current year. The quarterly update shall include usage from
Partnering and non-partnering agencies, as well as information related to the administration,
leadership, budget, donations, personnel, training and community outreach conducted during
the quarter. Quarterly updates shall be presented to the Steering Committee for approval.
6. Indemnification. To the fullest extent permitted by law, each Partnering Agency
(each, an "Indemnitor") shall indemnify, defend and hold harmless the Center and each other
Partnering Agency and each council member, officer, employee or agent thereof (each Partnering
Agency and any such person being herein called an "Indemnitee") for, from and against any and all
losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable
attorneys' fees, court costs and the costs of appellate proceedings) to which any Indemnitee may
become subject under any theory of liability whatsoever ("Claims"), insofar as such Claims (or
actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts,
intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the
Indemnitor, its officers, employees, agents or any tier of subcontractor in the performance of this
Agreement.
6.1 Comparative Negligence. In the event of any lawsuit that names the Center or
more than one Partnering Agency as a defendant ("Defendant Party" or "Defendant Parties"), the
Defendant Parties shall seek to secure an allocation of comparative negligence among themselves
where appropriate and each Defendant Party shall provide contribution to each other Defendant Party
to the extent of the comparative allocation.
7. Insurance.
7.1 General Insurance Requirements. The Partnering Agencies mutually agree to
provide for their respective financial responsibilities relating to liability arising out of this Agreement
through either the purchase of insurance or the provision of a self-funded insurance program.
7.2 Workers' Compensation Insurance. The Partnering Agencies agree that they
are not joint employers for the purpose of workers' compensation coverage and that any Partnering
Agency employee assigned to the Center shall remain an employee of such Partnering Agency. To
the extent that employees of one Partnering Agency perform duties on behalf of another Partnering
Agency, such employee shall be deemed to be an "employee" of both public agencies while
performing pursuant to this Agreement solely for purposes of ARIZ. REV. STAT. § 23-1022 and the
Arizona Workers' Compensation laws. The primary employer shall be solely liable for any workers'
compensation benefits, which may accrue. Each Partnering Agency shall post a notice pursuant to
the provisions of ARIZ. REV. STAT. § 23-1022 in substantially the following form:
All employees are hereby further notified that they may be required to work
under the jurisdiction or control or within the jurisdictional boundaries of
another public agency pursuant to an intergovernmental agreement or
contract, and under such circumstances they are deemed by the laws of
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Arizona to be employees of both public agencies for the purposes of worker's
compensation.
7.3 Non-Partnering Agency Insurance. The Center Director shall secure and
maintain indemnification and proper proof of insurance coverage from any non-partnering agency
assigning individuals to the Center.
7.4 Center Insurance, The Center Director shall make provision for and maintain
all standard and prudent liability insurance coverage with a deductible in an amount equal to the
mandatory arbitration limit as set by the Maricopa County Superior Court. Coverage shall be
secured though the placement of coverage with a third party insurer. All costs of coverage will be
incorporated into the Center O&M Budget, and will be divided equally between the Partnering
Agencies on an annual basis. This Section shall be limited to the extent provided for in the contract
for insurance secured through a third party insurer.
7.5 Settlement Procedures and Authority. In the event a liability claim or lawsuit
is filed against the Center or all of the Partnering Agencies related to the use and operation of the
Center, there shall be a meeting between the risk managers and attorneys from each Partnering
Agency to discuss how best to address the claim or lawsuit. Should the parties agree to settle any
claim or lawsuit against the Center, the risk managers and attorneys will make such a
recommendation to their respective governing body. The authority for the settlement of any claim or
lawsuit against the Center or all of the Partnering Agencies shall lay with the governing body of each
Partnering Agency and shall be provided for by funds allocated among the Partnering Agencies,
whether such funds are available through the O&M Budget or additional contributions from the
Partnering Agencies are required. Except to the extent provided for in the contract for insurance
secured through a third party insurer, the authority to settle any claim or lawsuit arising out of or in
connection with the use or operation of the Center made against an individual Partnering Agency or
some of the Partnering Agencies not amounting to all of the Partnering Agencies shall lay with the
individual Partnering Agency or Agencies in accordance with any governing legal authorities
applicable to such Partnering Agency or Agencies, as the case may be.
8. Amendments. Prior to processing an amendment to this Agreement, a
recommendation shall be provided by the Center Director and forwarded to the Steering Committee
for approval. To be effective, any modification of this Agreement must be in writing, signed by the
parties and approved by their respective governing bodies. The addition of any new Partnering
Agency shall constitute an amendment to this Agreement and shall be processed pursuant to this
Section 8.
9. Entire Agreement Interpretation: Parol Evidence. This Agreement represents the
entire agreement of the Partnering Agencies with respect to its subject matter hereof, and all
agreements, whether oral or written, entered into prior to this Agreement with respect to the subject
matter hereof are hereby revoked and superseded by this Agreement. No representations, warranties,
inducements or oral agreements have been made by any of the Partnering Agencies except as
expressly set forth herein, or in any other contemporaneous written agreement executed for the
purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and
interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of,
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or against the party drafting the Agreement. The Partnering Agencies acknowledge and agree that
each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry
into this Agreement.
10. Termination of Agreement.
10.1 Voluntary Termination. A Partnering Agency may terminate its participation
in this Agreement by providing not less than 60 days written notice of the intent to terminate the
Agreement to the other Partnering Agencies. A Partnering Agency terminating this Agreement as
provided herein shall forfeit (A) any contribution made to the annual operating, maintenance, and
repair costs referenced in Section 3 of this Agreement, (B) any contributions made toward the
acquisition of, or any interest in, the Joint Use Items and (C) any interest in the donation(s) made to
the Center pursuant to Section 13 below.
10.2 Involuntary Termination. The failure of any Partnering Agency to adhere to
the terms and conditions of this Agreement, including timely payment of fees due, may constitute
grounds for that Partnering Agency's involuntary termination from participation in the Center. A
Partnering Agency in breach of any of the terms of this Agreement ("Breaching Party") must be
notified in writing by the Center Director that, unless it comes into compliance within 30 days of
receipt of the written notice, its participation in the Center may be involuntarily terminated. If the
Breaching Party fails to remedy the breach within the specified time frame, the issue of its
involuntary termination will be considered by the Steering Committee. The Steering Committee will
provide the Breaching Party an opportunity to appear before it and to show why its participation in
the Center should not be involuntarily terminated. The failure of the Breaching Party to appear shall
constitute a waiver of any future right to do so. Upon unanimous agreement of the Partnering
Agencies not in default, the Steering Committee will notify the Breaching Party in writing that its
participation in the Center is terminated and that it will forfeit any claim to any Center assets.
Avondale retains the right to seek legal redress, if necessary, to obtain payment on amounts due from
other Partnering Agencies. A Partnering Agency terminated for late or non-payment forfeits any
claim to any Center assets, Center contributions or use of the Center.
10.3 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV.
STAT. § 38-511. A Partnering Agency may cancel this Agreement without penalty or further
obligations by the Partnering Agency or any of its departments or agencies if any person significantly
involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the
Partnering Agency or any of its departments or agencies is, at any time while the Agreement or any
extension of the Agreement is in effect, an employee of any other party to the Agreement in any
capacity or a consultant to any other party of the Agreement with respect to the subject matter of the
Agreement.
10.4 Gratuities. A Partnering Agency may, by written notice to the other Partnering
Agencies, cancel this Agreement if it is found by the Partnering Agency that gratuities, in the form of
economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given
by the Partnering Agencies or any agent or representative of the Partnering Agencies to any officer,
agent or employee of the Partnering Agencies for the purpose of securing this Agreement. In the
event this Agreement is canceled by a Partnering Agency pursuant to this provision, the Partnering
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Agency shall be entitled, in addition to any other rights and remedies, to recover or withhold from
the Partnering Agencies an amount equal to 150% of the gratuity.
11. Assignment. A Partnering Agency may fully assign its rights and obligations under
this Agreement as provided herein. No partial assignment of a Partnering Agency's rights and
obligations hereunder shall be permitted. The assigning Partnering Agency's rights and obligations
hereunder may only be assigned by a written instrument, approved by the respective governing
bodies of the departing Partnering Agency and the remaining Partnering Agencies, expressly
assigning such rights, and approved by the governing body of the new Partnering Agency,
specifically assuming such rights and obligations. Upon approval of an assignment and assumption
hereunder, the assigning Partnering Agency's rights and obligations hereunder shall terminate.
12. Applicable Law; Venue. In the performance of this Agreement, all Partnering
Agencies to the Agreement shall abide by and conform to any and all laws of the United States, the
State of Arizona, including, but not limited to, federal and state executive orders providing for equal
employment and procurement opportunities, the Federal Occupational Safety and Health Act and any
other federal or state laws applicable to this Agreement. This Agreement shall be governed by the
laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in
Maricopa County, Arizona.
13. Donations to the Center. Avondale is authorized to accept donations on behalf of the
Center. The Partnering Agencies will direct all inquiries regarding potential donations to the Center
to the Center Director, who will have the primary responsibility for negotiating the terms of each
potential donation. The Center Director will inform the Steering Committee of the details of the
offered donations. The Steering Committee will have the discretion to accept or reject proposed
donations provided that the Steering Committee will reject any offered donation which, in the
Steering Committee's sole discretion, (i) would negatively affect the Center's reputation, (ii) include
designated uses for the donation specified by the potential donor that are inconsistent with the
purposes of the Center, (iii) are from a potential donor who lacks the authority or mental capacity to
make the donation, or (iv) subject to subsection 13.3, where the donated property is not capable of
being promptly and easily converted to cash or a cash equivalent. Once the Steering Committee has
accepted a proposed donation pursuant to subsection 13.4 below, the Center Director will cause the
donor to execute a Southwest Family Advocacy Center Gift Agreement ("Gift Agreement"),
substantially in the form attached hereto as Exhibit A, for donations with a value of $1,000.00 or
more. The Center Director will cause the donor to execute the Avondale Charitable Donation
Receipt, attached hereto as Exhibit B, for donations with a value of less than $1,000.00. Avondale
shall maintain a system to hold, account for and distribute such donations. All donations of property
other than cash, or cash equivalents may be accepted by Avondale on behalf of the Center subject to
the provisions herein.
13.1 Real Property. Avondale may accept donations of real property on behalf of
the Center. Real property donations will be accepted according to the Avondale's established
practice for the acquisition of real property. The Center Director shall forward all inquiries regarding
the donation of rea) property to the Avondale City Manager.
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13.2 Personal Property. Avondale may accept gifts of personal property on behalf
of the Center subject to the following conditions.
A. Steering Committee Determination. Subject to subsection 13.3 below,
Avondale will not accept donations of personal property unless the Steering Committee
believes the property may be of value to or used by the Center.
B. Live Property; Special Facilities. Avondale will not accept live
property, nor will Avondale accept any property requiring special facilities or security.
13.3 Disposition of Donated Property. Unless the Steering Committee determines
that the retention of donated property would further the purposes of the Center, the Steering
Committee will direct the Center Director to promptly sell, or cause to be sold, all donated property,
which sale shall be conducted according to the Avondale Procurement Code and any applicable laws
and regulations. The Center Director will treat the proceeds from such sales as a cash donation under
subsection 13.5. Avondale will not accept a donation under circumstances that obligate Avondale to
own such donated property for a definite term or in perpetuity. The Center Director, the Steering
Committee, and the Partnering Agencies shall not make any representation to any donor or potential
donor that property will or will not be held by the Center for a specific period of time.
13.4 IRS Donation Forms. When appropriate, the Center Director will assist the
appropriate Avondale staff member in preparation and execution of an IRS Form 8283, Non-Cash
Charitable Contributions, when presented by the donor for signature. A qualified appraisal must be
attached to IRS Form 8283. When appropriate, the Center Director will assist the appropriate
Avondale staff member in preparation and filing of an IRS Form 8282, Donee Information Return,
with the Internal Revenue Service promptly after the sale of donated property.
13.5 Cash Donations; Proceeds from Donated Property. Avondale will deposit into
the Center Fund all donations made in cash, by check or by credit card, and all proceeds from the
sale of property donations. All checks must be made payable to "City of Avondale."
13.6 Use of Donated Property. All donations made to Avondale on behalf of the
Center will be used in accordance with the desires of each donor, if specified by the donor in the Gift
Agreement, but in any event, for the exclusive benefit, and to satisfy the purposes, of the Center.
Except as otherwise stated in this subsection 13.6 (A) the Steering Committee will have the sole
authority to direct the Center Director concerning the use of each donation which is equal to or less
than $25,000 and (B) the Steering Committee shall make a recommendation to the Partnering
Agencies, who will jointly direct the Center Director concerning the use of each donation which is in
excess of $25,000. The County/ City/Town Manager of each of the Partnering Agencies, or his/her
designee, is authorized to give final approval on behalf of his/her respective Partnering Agencywith
respect to this subsection 13.6. The Center Director will be primarily responsible for implementing
the decisions of the Steering Committee or the decisions of the Steering Committee and the
Partnering Agencies, as the case may be.
13.7 Donor Identity. All information concerning the identity of a donor will be
considered information subject to disclosure in accordance with the Arizona Public Records Law. If
3435347.4
11

a donor requests that his/her identity remain confidential, to the extent permitted by law, Avondale
will attempt to prohibit and or limit the disclosure of such information.
13.8 Tax Implications. The Center Director will advise all donors and prospective
donors to seek independent legal and tax advice regarding all aspects of their proposed donations.
The Center Director, the Steering Committee and the Partnering Agencies shall not make any
representation to any donor or potential donor regarding the state or federal tax treatment of any
donation to Avondale on behalf of the Center. The Steering Committee will consult with a tax
advisor to ensure that the Center's acceptance of donations complies with state and federal tax law.
13.9 Legal Documentation. The Center Director is not authorized to execute any
agreement, contract, trust or other legal document pertaining to a donation to the Center. All such
agreements, contracts, trusts or legal documents shall be approved by Avondale's City Manager after
review by the Avondale City Attorney.
14. Miscellaneous.
14.1 Relationship of Partnering Agencies. Each Partnering Agency to the
Agreement shall act in its individual capacity and not as an agent, employee, partner, joint venturer,
associate, or any other representative capacity of the others. Each Partnering Agency shall be solely
and entirely responsible for its acts or acts of its agents and employees during the performance of this
Agreement. This Agreement shall not be construed to imply authority to perform any tasks, or
accept any -responsibility, not expressly set forth herein. This Agreement shall be strictly construed
against the creation of a duty or responsibility unless the intention to do so is clearly and
unambiguously set forth herein. Nothing contained in this Agreement confers any right to any
person, (including, but not limited to, the Center Director) or entity not a party to this Agreement.
14.2 Provisions Required by Law. Each and every provision of law and any clause
required by law to be in the Agreement will be read and enforced as though it were included herein
and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted,
then upon the application of either party, the Agreement will promptly be physically amended to
make such insertion or correction.
14.3 Seve;ability. The provisions of this Agreement are severable to the extent that
any provision or application held to be invalid by a Court of competent jurisdiction shall not affect
any other provision or application of the Agreement which may remain in effect without the invalid
provision or application.
14.4 Waiver. Failure of any Partnering Agency to exercise any right or option
arising out of a breach of this Agreement shall not be deemed a waiver of any right or option with
respect to any subsequent or different breach, or the continuance of any existing breach.
14.5 Counterparts. This 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.
3435347.4 12

14.6 Notices and Requests. Any notice or other communication required or
permitted to be given under this Agreement shall be in writing and shall be deemed to have been
duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail,
registered or certified, return receipt requested, to the address set forth below or (C) given to a
recognized and reputable overnight delivery service to the address set forth below:
If to the City of Avondale
Notice to: City of Avondale
11465 West Civic Center Drive
Avondale, Arizona 85323
Attn: Charles Montoya, City Manager
With copy to: GUST ROSENFELD, P.L.C.
One East Washington Street, Suite 1600
Phoenix, Arizona 85004-2553
Attn: Andrew J. McGuire, Esq.
If to the City of Buckeye
Notice to: City of Buckeye
530 East Monroe Avenue
Buckeye, Arizona 85326
Attn: Roger Klingler, City Manager
With copy to: GUST ROSENFELD, P.L.C.
One East Washington Street, Suite 1600
Phoenix, Arizona 85004-2553
Attn: Shiela Schmidt, Esq.
If to the City of Goodyear
Notice to: City of Goodyear
190 North Litchfield Road
Goodyear, Arizona 85338
Facsimile: (623) 882-7520
Attn: Julie Arendall, City Manager
If to Maricopa County
Notice to: County of Maricopa, Arizona
301 West Jefferson Street
Phoenix, Arizona 85003
Facsimile: (602) 506-6362
Attn: Joy Rich, County Manager
3435347.4
13

or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail,
properly addressed, with sufficient postage or (C) the following business day after being given to a
recognized overnight delivery service, with the person giving the notice paying all required charges
and instructing the delivery service to deliver on the following business day. If a copy of a notice is
also given to a party's counsel or other recipient, the provisions above governing the date on which a
notice is deemed to have been received by a party shall mean and refer to the date on which the party,
and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have
received the notice.
14.7 Agreement Subject to Appropriation. The performance by each Partnering
Agency to this Agreement of its respective obligations under the Agreement is subject to actual
availability of funds appropriated by each Partnering Agency for such purposes. Each Partnering
Agency to the Agreement shall be the sole judge and authority in determining the availability of
funds under the Agreement and each Partnering Agency shall keep the other Partnering Agencies
fully informed as to the availability of funds for its obligations. The obligation of each Partnering
Agency to fund any obligation pursuant to the Agreement is a current expense of such Partnering
Agency, payable exclusively from such annual appropriations, and is not a general obligation or
indebtedness of the Partnering Agency. If the governing body of a Partnering Agency fails to
appropriate money sufficient to meet its obligations as set forth in the Agreement during any
immediately succeeding fiscal year, the Agreement shall terminate with respect to that Partnering
Agency at the end of the then-current fiscal year and such Partnering Agency shall thereafter be
relieved of any subsequent obligation under the Agreement. The Agreement will remain in full
effect for the remaining Partnering Agencies to the Agreement.
14.8 E-verify, Records and Audits. To the extent applicable under ARIZ. REV.
STAT. § 41-4401, the Partnering Agencies and their respective subcontractors warrant compliance
with all federal immigration laws and regulations that relate to their employees and compliance with
the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). The Partnering Agencies' or a
subcontractor's breach of the above-mentioned warranty shall be deemed a material breach of the
Agreement and may result in the termination of the Agreement by either party under the terms of this
Agreement. The Partnering Agencies each retain the legal right to randomly inspect the papers and
records of each other Partnering Agency and each other Partnering Agencies' subcontractors who
work under this Agreement to ensure that the other party and its subcontractors are complying with
the above-mentioned warranty. The Partnering Agencies warrant to keep their respective papers and
records open for random inspection during normal business hours by each other Partnering Agency.
The Partnering Agencies and their respective subcontractors shall cooperate with each other
Partnering Agencies' random inspections including granting the inspecting Partnering Agency entry
rights onto their respective properties to perform the random inspections and waiving their respective
rights to keep such papers and records confidential.
IN WITNESS WHEREOF, the Partnering Agencies have executed this Agreement on the
dates of their respective signatures written below.
[SIGNATURES ON FOLLOWING PAGES]
3435347.4
14

"Partnering Agency"
CITY OF AVONDALE, an Arizona
municipal cgrporation
Kenn N. Weise, Mayor
Date: tnkrur 5, aokoi
ATTEST:
Marcella Carrillo, City Clerk
CERTIFICATION BY LEGAL COUNSEL
In accordance with the requirements of ARIZ. REV. STAT. § 11-952(D), the undersigned
Attorney acknowledges that (i) she/he has reviewed the above agreement on behalf of her/his client
and (ii) as to her/his client only, has determined that the Agreement is in proper form and is within
the po,we‘rs and authority granted under the laws of the State of Arizona.
Andrew J. McGuire, City Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
3435347.4
15

"Partnering Agency"
CITY OF BUCKEYE, an Arizona
municipal corporation
Jackie A. Meek, Mayor
Date:
ATTEST:
Lucinda 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) she has reviewed the above agreement on behalf of her client and (ii)
as to her 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.
Shiela Schmidt, City Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
3435347.4
16

"Partnering Agency"
CITY OF GOODYEAR, an Arizona
municipal corporation
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 her 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.
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
3435347,3
17

"Partnering Agency"
COUNTY OF MARICOPA, ARIZONA
By:
Name:
Title:
Date:
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) she/he has reviewed the above agreement on behalf of her/his client
and (ii) as to her/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
3435347.4
18

EXHIBIT A
TO
INTERGOVERNMENTAL AGREEMENT
AMONGST
THE CITY OF AVONDALE, TIIE CITY OF BUCKEYE,
THE CITY OF GOODYEAR AND THE COUNTY OF MARICOPA, ARIZONA
FOR THE SOUTHWEST FAMILY ADVOCACY CENTER
[Gift Agreement]
See following pages.
3435347.4

SOUTHWEST FAMILY ADVOCACY CENTER
GIFT AGREEMENT
THIS GIFT AGREEMENT (this "Agreement") is made as of , 201_, by and
between the City of Avondale ("Avondale"), an Arizona municipal corporation, and the
following donor ("Donor"):
Name:
Address:
Home Phone:
Other Phone:
Facsimile:
E-Mail:
Avondale serves as the day-to-day manager for the Southwest Family Advocacy Center
(the "Center").
The Center gratefully acknowledges Donor's thoughtful generosity in assisting the Center
to fulfill its mission to prevent, protect and treat victims of sexual or physical abuse and victims
of domestic violence (the "Mission"),
1. Cash Gift Pledge. Donor hereby agrees to make a cash gift to the Center in the
amount of $ . Donor agrees to pay this cash pledge in full on or before the
day of , 201_, in the following manner (please complete all that apply):
O by $ cash enclosed;
El by $ check enclosed, made payable to "City of Avondale";
o by $ credit card charge as follows:
0 Visa 0 MasterCard 0 American Express 0 Discover
Credit Card No.
Exp, Date: 3-Digit Code:
• by $ cash or check in the following payments:
Regular Payments of $ each:
905143.5
1

Monthly beginning on , 2
Quarterly beginning on , 2
Semi-annually beginning on , 2
Annually beginning on , 2
OR
Modified Payment Schedule:
sr payment of $ on , 2
2 payment of $ on , 2
3rd payment of $ on , 2
4th payment of $ on , 2
by bequest or other planned gift in the amount of $ , as follows:
Recognizing that the Center is relying upon Donor's commitment in order to continue to
carry out its Mission, and acknowledging the importance of the timeliness of such payments,
Donor agrees to consult with the Center in the event it is deemed necessary or advisable to
modify the above payment schedule.
2. Personal Property Gift Pledge. Donor hereby agrees to make a gift to the Center
of personal property described as follows:
3. Further Assurances. Avondale and Donor each agrees to perform all further acts
and to execute, acknowledge and deliver any additional documents or instruments that are
necessary to carry out the provisions of this Agreement.
4. Representations and Warranties. Donor represents and warrants that:
(i) Authorization. All actions on the part of Donor which are required for the
execution, delivery and performance by Donor of this Agreement have been duly and effectively
taken. Donor has full power and authority to enter into and perform its obligations under this
Agreement. The person(s) executing this Agreement on, behalf of Donor have full power and
authority to do so and to perform every act and to execute and deliver every document and
instrument necessary or appropriate to consummate the transaction contemplated hereby.
(ii) Binding Obligation. This Agreement constitutes a legal, valid and
binding obligation of Donor, enforceable against Donor in accordance with its terms.
905143.5
2

(iii) Title. Donor has good title to all property being donated pursuant to this
Agreement and, upon execution of this Agreement; Avondale shall have and receive good and
marketable title to the donated property free and clear of any liens.
(iv) No Other Agreement. Donor has not entered into, there is not existing as
of the date of this Agreement, and Donor covenants that it shall not hereafter enter into, any
other agreement, written or oral, under which Donor is obligated to donate, sell or lease to any
third party the property being donated pursuant to this Agreement.
(v) Litigation. Donor has no knowledge of any pending or threatened
condemnation or similar proceeding affecting the property being donated pursuant to this
Agreement or any portion thereof.
5. Permitted Purposes. Donor acknowledges that Avondale will make use of
Donor's gift for the Center's benefit to further its Mission. Donor may specify below one or
more purposes for use of the gift, provided that such purpose(s) are consistent with the Center's
Mission, which the Center shall determine in its sole discretion. Unless otherwise specified
below, the Center shall have the sole discretion to determine the use of the gift in accordance
with the Mission and the Center's governing documents.
0 I desire that my gift be used for the following purpose(s):
6. Donor Recognition. All information concerning the identity of the Donor and
information regarding the gift made by Donor will be considered information subject to
disclosure in accordance with the Arizona Public Records Law. If Donor requests that his/her
identity and gift amount(s) remain confidential, to the extent permitted by law, the Center will
attempt to prohibit and or limit the disclosure of such information. If Donor desires to keep
his/her identity and gift information confidential, please indicate so by checking the box below:
Donor requests that the Center, to the extent permitted by law, lceep the Donor's identity
and information regarding any gift confidential.
7. Tax Treatment. THE CENTER MAKES NO REPRESENTATIONS TO
DONOR WITH RESPECT TO THE STATE OR FEDERAL TAX TREATMENT OF
DONOR'S GIFT. DONOR IS ADVISED TO SEEK THE ADVICE OF DONOR'S
ATTORNEY AND TAX ADVISOR REGARDING ALL ASPECTS OF DONOR'S GIFT.
8. Governing Law. This Agreement shall be governed by the laws of the State of
Arizona, without regard to conflict of law principles and any suit pertaining to this Agreement
may be brought only in courts in Maricopa County, Arizona.
9. Entire Agreement; Amendments. The parties understand and agree that this
Agreement (i) sets forth the entire agreement between the parties with respect to Donor's gift;
905143.5
3

(ii) supersedes all prior discussions, agreements and understandings, whether written or oral,
relating to the subject matter hereof; (iii) may be amended or modified only by a subsequent
writing which is signed by both parties; and (iv) is binding upon Donor and the Center, and their
respective heirs, personal representatives and successors.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
"City"
CITY OF AVONDALE, an Arizona
municipal corporation
Charles A. Montoya, City Manager
ATTEST:
Marcella Carrillo, City Clerk
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
This instrument was acknowledged before me on , 201,
by Charles A. Montoya, the City Manager of the CITY OF AVONDALE, an Arizona municipal
corporation, on behalf of the City of Avondale.
Notary Public in and for the State of Arizona
(affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
905143.5
4

"Donor"
By:
Name:
Title:
(ACKNOWLEDGMENT)
STATE OF
) ss.
COUNTY OF
This instrument was acknowledged before me on 201_,
by , as of , a(n)
on behalf of
Notary Public in and for the State of
(affix notary seal here)
905143.5
5

EXHIBIT B
TO
INTERGOVERNMENTAL AGREEMENT
AMONGST
THE CITY OF AVONDALE, THE CITY OF BUCKEYE,
THE CITY OF GOODYEAR AND THE COUNTY OF MARICOPA, ARIZONA
FOR THE SOUTHWEST FAMILY ADVOCACY CENTER
[Charitable Donation Receipt]
See following page.
3435347.4

Southost Famiti
Mvocaq Gontor
2333 N. Pebble Creek Pkwy Suite A-200 11465 W. Civic Center Dr.
Goodyear, AZ 85395 Avondale, AZ 85323
623-333-7900 www.swfac.org 623-333-1000 www,avondale.org
Charitable Donation Receipt
Donor Name:
Address:
City: State: Zip:
Phone: Email:
Amount of cash contribution: $ Value of donated property: $
(Must be estimated by donor)
Description of donated property:
acknowledge receipt of the aforementioned donation and I state
that neither the SWFAC nor the city of Avondale has provided any goods or services to the donor in return for the
contribution,
Signature of SWFAC Employee Date
Signature of Witness Date
(In order for this form to be valid it must have two signatures.)
THE CITY OF AVONDALE AND THE S1NFAC MAKES NO REPRESENTATIONS TO DONOR WITH RESPECT TO THE STATE OR
FEDERAL INCOME TAX TREATMENT OF DONOR'S GIFT. DONOR IS ADVISED TO SEEK THE ADVICE OF DONOR'S
ATTORNEY AND TAX ADVISOR REGARDING ALL ASPECTS OF DONOR'S GIFT.