IGA - DEPARTMENT OF CHILD SAFETY -ADVOCACY CENTER - AMENDED AND RESTATED- 2017.PDF

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 Intergovernmental Agreement (this “Agreement”) is entered into as of the Effective
Date, among 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 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 Agencies.”
RECITALS
WHEREAS, DCS is mandated pursuant to A.R.S. § 8-451 to protect children by
investigating reports of abuse and neglect, promoting the safety of a child in a permanent home
and coordinating services to strengthen the family and prevent, intervene in and treat abuse and
neglect of children; and
WHEREAS, the Partnering Agencies operate the Center to provide a multi-disciplinary
team approach to issues affecting child abuse victims in the southwest valley; and
WHEREAS, the Partnering Agencies desire to participate in the shared use of the Center
with DCS for the provision of services for victims of child physical and sexual abuse; and
WHEREAS, the Partnering Agencies and DCS desire to enter into this Agreement to set
forth the responsibilities and obligations of the parties with respect to DCS’s use of the Center;
and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to
A.R.S. § 11-952 and DCS is duly authorized to execute and administer contracts pursuant
A.R.S. § 8-453.
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
2907500.4

consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby
agree as follows:
1. DCS USE OF CENTER
A. DCS Space
1. Generally. The Partnering Agencies agree to provide office space at the Center to
DCS in exchange for the delivery of expedited multi-level service in order to
facilitate and assist DCS in the mission of successfully engaging children and
families to ensure safety, strengthen families and achieve permanency.
2. Standards. The Center will provide a quality standard working environment,
which will provide protection of the general health and welfare of DCS
employees and will comply with the Uniform Building Code, Americans with
Disabilities Act, National Fire Protection Agency Code and any other codes or
ordinances enforced by the local jurisdiction.
3. Amount of Space. The Center will provide DCS one office space and six modular
workstations, furnished with a telephone, but without a computer or printer. DCS
shall provide its own computers and equipment as set forth in Section B.6. below.
B. Operations
1. Center Operations. All parties to this Agreement agree to comply with the
provisions of the Center’s Policy & Procedures Manual and the Maricopa County
Protocol for the Investigation of Child Abuse.
2. DCS Participation. A DCS supervisor and investigative unit will be co-located at
the Center. DCS caseworkers with investigative responsibilities shall be present
for forensic interviews of cases they are investigating in collaboration with law
enforcement. A DCS supervisor and caseworkers will participate in the
Multidisciplinary Team (MDT) case review at the Center through discussion and
sharing of information regarding the investigation, case status and services needed
by the child and the family.
3. DCS Statistics. DCS will provide to the Center director statistical information
necessary for the National Children’s Alliance and the Arizona Child and Family
Advocacy Network statistical submissions semi-annually. DCS will participate in
the Center’s Family Advocacy Center Tracking System by reviewing their cases
collaboratively worked with Center law enforcement and by updating the case
status for each case worked in collaboration with law enforcement.
4. Coordination. The DCS supervisor will participate in supervisor meetings with
the Center director and other Center supervisors monthly. DCS shall
2907500.4
2

communicate timely with the Center director regarding staff changes and other
information that affects DCS’s use of the Center.
5. Case Assignment. DCS shall assign all criminal conduct child abuse cases that
are being investigated by law enforcement and that are brought to the Center to
DCS caseworkers co-located at the Center so they may be investigated
collaboratively and staffed through the MDT.
6. Computer and Office Equipment and Supplies. DCS shall provide and use its
own office equipment and computer systems. DCS shall provide and pay for all
of its office supplies and a multi-function copy machine. DCS shall reimburse the
Partnering Agencies for the cost of purchasing office furniture for the DCS
Supervisor’s office. Upon termination of this Agreement, DCS shall remove its
equipment and computer systems from the Center. The Partnering Agencies
agree to provide access to the internet for use by DCS, subject to the requirements
of the Avondale Information Technology Department.
7. Telephone. The Partnering Agencies agree to provide telephone service to DCS
at the Center. The Partnering Agencies and DCS agree to share access to the
Center telephone system, but the Center will not provide DCS with access to long
distance telephone service.
8. Maintenance. DCS shall be responsible for maintaining its own equipment and
computer systems. All parties to this Agreement shall clean up any waste or spills
caused by such party. All damages caused by DCS employees to the Center
property and or furnishings owned by the Partnering Agencies shall be replaced
by DCS or the cost of such reimbursed to the Partnering Agencies by DCS.
2. TERM, RENEWAL AND TERMINATION
A. Term. This Agreement shall be effective upon the date of the last signature below
(the “Effective Date”) and shall remain in full force and effect until June 30, 2020.
This Agreement may be renewed for successive additional three (3) year periods upon
mutual consent of the parties in writing signed by persons duly authorized to enter
into contracts on behalf of the parties.
B. Termination. The Partnering Agencies and DCS may terminate this Agreement with
or without cause upon 30 days written notice to the other parties. In the event any
Partnering Agency terminates its participation in the Center Intergovernmental
Agreement, then that Partnering Agency also terminates its participation in this
Agreement. In the event DCS terminates this Agreement, DCS shall vacate the
Center premises within 30 days of the Partnering Agencies receipt of said written
notice to terminate.
C. Continuation Subject to Appropriation. Each party is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds
2907500.4
3

appropriated and budgeted for that purpose during such party’s then current fiscal
year. Each party’s obligations under this Agreement are current expenses subject to
the “budget law” and the unfettered legislative discretion of the party concerning
budgeted purposes and appropriation of funds. Should either party elect not to
appropriate and budget funds to pay its obligations, this Agreement shall be deemed
terminated at the end of the then-current fiscal year term for which such funds were
appropriated and budgeted for such purpose and such party shall be relieved of any
subsequent obligation under this Agreement. The parties agree that each party has no
obligation or duty of good faith to budget or appropriate the payment of the party’s
obligations set forth in this Agreement in any budget in any fiscal year other than the
fiscal year in which this Agreement is executed and delivered. Each party shall be the
sole judge and authority in determining the availability of funds for its obligations
under this Agreement. The parties shall keep each other informed as to the
availability of funds for this Agreement. The obligation of either party to make any
payment pursuant to this Agreement is not a general obligation or indebtedness of
such party. The parties hereby waive any and all rights to bring any claim against
each other from or relating in any way to either party’s termination of this Agreement
pursuant to this section.
3. INDEMNIFICATION
Each party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other
party (as “Indemnitee”) from and against any and all claims, losses, liability, costs, or
expenses (including reasonable attorney’s fees) (hereinafter collectively referred to as
“Claims”) arising out of bodily injury or personal injury (including death) or property
damage, but only to the extent that such Claims which result in vicarious/derivative
liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other
fault of the Indemnitor, its officers, officials, agents, employees, or volunteers.
In addition, the Partnering Agencies shall cause their contractor(s) and subcontractors, if
any, to defend, indemnify and hold harmless the State of Arizona, any jurisdiction or
agency issuing any permits for any work arising out of this Agreement, and their respective
directors, officers, officials, agents, and employees (hereinafter referred to as
“Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or
expenses (including court costs, attorneys’ fees, and costs of claim processing,
investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or
personal injury (including death), or loss or damage to tangible or intangible property
caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or
omissions of the Partnering Agencies’ contractor or any of the directors, officers, agents, or
employees or subcontractors of such contractor. This indemnity includes any claim or
amount arising out of or recovered under the Workers’ Compensation Law or arising out of
the failure of such contractor to conform to any federal, state or local law, statute,
ordinance, rule, regulation or court decree. It is the specific intention of the parties that the
Indemnitee shall, in all instances, except for Claims arising solely from the negligent or
willful acts or omissions of the Indemnitee, be indemnified by such contractor from and
2907500.4
4

against any and all claims. It is agreed that such contractor will be responsible for primary
loss investigation, defense and judgment costs where this indemnification is applicable.
4. INSURANCE
The State of Arizona is self-insured per A.R.S. § 41-621. The Partnering Agencies will
provide for their respective financial responsibilities related to liability arising out of this
Agreement by the purchase of insurance or through the provisions of a self-funded
insurance program.
5. AUDIT OF RECORDS
Pursuant to A.R.S. §§ 35-214 and 35-215, the parties shall retain all data, books and other
records (“records”) relating to this Agreement for a period of five years after completion of
this Agreement. All records shall be subject to inspection and audit by either party at
reasonable times. Upon request, any party shall produce the original of any or all such
records.
6. CONFLICT OF INTEREST
The requirements of A.R.S. § 38-511 apply to this Agreement. Any party may cancel this
Agreement, without penalty or further obligation, if any person significantly involved in
initiating, negotiating, securing, drafting or creating this Agreement on behalf of either
party is, at any time while this Agreement or any extension is in effect, an employee or
agent of the other party with respect to the subject matter of this Agreement.
7. NON-DISCRIMINATION
All parties shall comply with Executive Order 2009-9, which mandates that all persons,
regardless of race, color, religion, sex, age, national origin or political affiliation, shall have
equal access to employment opportunities, and all other applicable state and federal
employment laws, rules, and regulations, including the Americans with Disabilities Act.
All parties shall take affirmative action to ensure that applicants for employment and
employees are not discriminated against due to race, creed, color, religion, sex, national
origin or disability.
8. COMPLIANCE REQUIREMENTS FOR A.R.S. § 41-4401—IMMIGRATION LAWS AND E-
VERIFY REQUIREMENT
To the extent applicable under A.R.S. § 41-4401, each party and its respective
subcontractors warrant compliance with all federal immigration laws and regulations that
relate to its employees and compliance with the E-verify requirements under A.R.S. § 23-
214(A). Each party has the right to inspect the papers of the other Party or its
subcontractors participating in this Agreement to ensure compliance with this paragraph. A
party’s or its subcontractors’ breach of the above-mentioned warranty shall be deemed a
2907500.4
5

material breach of the Agreement and may result in the termination of the Agreement by a
non-breaching party under the terms of this Agreement.
A breach of a warranty regarding compliance with immigration laws and regulations shall
be deemed a material breach of the contract and the other party may be subject to penalties
up to and including termination of this Agreement.
9. APPLICABLE LAW
This Agreement shall be construed in accordance the laws of the State of Arizona and suit
pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona.
10. LEGAL OBLIGATIONS
This Agreement does not relieve either party of any obligation or responsibility imposed
upon it by law.
11. ARBITRATION
The parties to this Agreement agree to resolve all disputes arising out of or relating to this
Agreement through arbitration, after exhausting applicable administrative review, to the
extent required by A.R.S. § 12-1518 except as may be required by other applicable statutes.
12. WAIVER AND MODIFICATION
None of the provisions of this Agreement may be waived, changed, altered or amended
except in writing signed by persons duly authorized to enter into contracts on behalf of the
parties.
13. ASSIGNMENT
No right or interest in this Agreement shall be assigned or delegated by a party to this
Agreement without prior, written permission of the other parties to this Agreement, signed
by person duly authorized to enter into contracts on behalf of the parties.
14. NOTICES
All notices, claims, request, and demands under this Agreement shall be in writing and
served in person by U.S. Mail, registered or certified, return receipt, postage prepaid, to the
address set forth below or at such other address as shall be indicated in writing by such
party. Service by certified mail will be deemed to occur three business days after being
placed in the U.S. Mail, properly addressed with sufficient postage. In person notice shall
be deemed received when delivered to such party.
2907500.4
6

If to Avondale: City of Avondale
11465 West Civic Center Drive
Avondale, Arizona 85323
Attn: Charles Montoya, City Manager
If to Buckeye: City of Buckeye
530 East Monroe Avenue
Buckeye, Arizona 85326
Attn: Roger Klingler, City Manager
If to Goodyear: City of Goodyear
190 North Litchfield Road
Goodyear, Arizona 85338
Attn: Julie Arendall, City Manager
If to Maricopa County: Maricopa County
301 West Jefferson Street
Phoenix, Arizona 85003
Attn: Joy Rich, County Manager
If to DCS: Department of Child Safety
3003 North Central Avenue, Site Code C010-21A
Phoenix, Arizona 85007
Attn: Alex Ong, Deputy Assistant Director
15. WORKER’S COMPENSATION
An employee of either party shall be deemed to be an “employee” of all public agencies
while performing pursuant to this Agreement solely for purposes of A.R.S. § 23-1022 and
the Arizona Workers’ Compensation laws. The primary employer shall be solely liable for
any workers’ compensation benefits, which may accrue. Each party shall post a notice
pursuant to the provisions of A.R.S. § 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 Arizona to be
employees of such public agencies for the purposes of worker’s compensation.”
16. 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.
2907500.4
7

17. ENTIRE AGREEMENT; INTERPRETATION; PAROL EVIDENCE.
This Agreement represents the entire agreement of the parties 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 parties 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, or
against the party drafting the Agreement. The parties 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.
[SIGNATURES ON FOLLOWING PAGES]
2907500.4
8

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
of the last signature set forth below (the “Effective Date”).
“Avondale”
CITY OF AVONDALE, an Arizona
municipal corporation
Charles Montoya, City Manager
Date:
ATTEST:
Carmen Martinez, 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.
Andrew J. McGuire, City Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
2907500.4
9

“Buckeye”
CITY OF BUCKEYE, an Arizona
municipal corporation
Roger Klingler, City Manager
Date:
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 ON FOLLOWING PAGES]
2907500.4
10

“Goodyear”
CITY OF GOODYEAR, an Arizona
municipal corporation
Julie Arendall, City Manager
Date:
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 V. Massey, City Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
2907500.4
11

“County”
COUNTY OF MARICOPA, ARIZONA, an Arizona
municipal corporation
Steve Chucri, Chairman, Board of Supervisors
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
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
2907500.4
12

“DCS”
STATE OF ARIZONA, DEPARTMENT OF CHILD SAFETY
Michael Faust, Deputy Director of Business Operations
Date:
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.
Assistant Attorney General
2907500.4
13