AMEND TO IGA FOR SW ADVOCACY CENTER.PDF

FIRST AMENDMENT
TO
AMENDED AM) RESTATED JULY 16, 2012
INTERGOVERNMENTAL AGREEMENT
AMONG
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 FIRST AMENDMENT TO THE AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT (this "First Amendment") is entered into as of the
date of the last signature below, by and 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 the County of
Maricopa, Arizona, an Arizona municipal corporation, acting by and through the Maricopa
County Sheriff's Office ("Maricopa"). Avondale, Buckeye, Goodyear and Maricopa are referred
to herein individually as a "Partnering Agency" and collectively as the "Partnering Agencies."
RECITALS
A. The Partnering Agencies entered into the Amended and Restated July 16, 2012
Intergovernmental Agreement (the "Agreement") for the design, construction and operation of
the Southwest Family Advocacy Center.
B. The Partnering Agencies desire to enter into this First Amendment to amend the
terms and conditions of the Agreement. Capitalized terms in this First Amendment shall have
the meanings set forth in the Agreement unless otherwise defined herein.
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 hereby agree as follows:
1. Amendments. The following terms of the Agreement are modified, revised or
deleted as follows:
1.1 Section 3.1 of the Agreement is hereby amended to read as follows:
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
Nevernber 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
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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
(D) liability insurance as provided in Section 7.4 below and (E) all other
expenditures approved by the Steering Committee (the "O&M Budget").
1.2. Section 5.1(A) of the Agreement is hereby amended to read as follows:
A. Chairperson. During FY 2012-13, the Avondale 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 founding partners (Buckeye, Goodyear, MARICOPA COUNTY and
Avondale, in that order).
1.3 Section 5.2 of the Agreement is hereby amended to read as follows:
5.2 Center Director. The "Center Director" shall be an Avondale
employee, appointed by and serving at thc pleasure of 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.
1.4. Section 5.2(D) of the Agreement is hereby deleted in its entirety and
replaced with the following:
D. Operational Reports. The Center Director shall provide each
Partnering Agency with a semi-annual update outlining each Partnering Agency's
monthly usage and cumulative total for the current year. The 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. Updates shall be presented to the Steering
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Committee for approval. Any Partnering Agency may request updated on a more
frequent basis.
1.5. Section 14.6 of the Agreement is hereby deleted in its entirety and
replaced with the following:
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: David W. Fitzhugh, 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: Stephen S. Cleveland, City Manager
With copy to: GuS 1: ROSENFELD, P.L.C.
One East Washington Street, Suite 1600
Phoenix, Arizona 85004-2553
Attn: Scott W. Ruby, Esq.
If to the City of Goodyear
Notice to: City of Goodyear
190 North Litchfield Road
Goodyear, Arizona 85338
Attn: Brian Dalke, City Manager
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If to Maricopa County
Notice to: County of Maricopa, Arizona
301 West Jefferson Street
Phoenix, Arizona 85003
Attn: Tom Manos, County Manager
1.5 Section 14.9 of the Agreement is hereby deleted in its entirety.
1.6 All references in the Agreement to the "Town of Buckeye" shall be
revised to read the "City of Buckeye."
2. Effect of Amendment. In all other respects, 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 Partnering Agencies
affirmatively assert that (i) neither Partnering Agency 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 Amendment 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]
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IN WITNESS WHEREOF, the Partnering Agencies have executed this Agreement on the
dates of their respective signatures written below.
"Partnering Agency"
CITY OF AVONDALE, an Arizona
municipalAorporatio
Date: 6 / 7 / 5
ATTEST:
6/5"-e4c)
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
powfs-N r d authority granted under the laws of the State of Arizona.
Andr-Fiv J. McGuire, City Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
23323.2 5

"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) 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.
Scott W. Ruby, City Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
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"Partnering Agency"
CITY OF GOODYEAR, an Arizona
municipal corporation
Georgia Lord, Mayor
Date:
ATTEST:
Maureen Scott, City Clerk
CERTIFICATION BY LEGAL COUNSEL
In accordance with the requirements of ARIZ. REV. S FAT. § 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.
Rorie V. Massey, City Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
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"Partnering Agency"
COUNTY OF MARICOPA, ARIZONA, an Arizona
municipal corporation
By:
Name:
Title:
Date:
A 1 1 EST:
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
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