Agreement - IGA with DCS OCWI for GFAC

DocuSign Envelope ID: 649B3693-EBFB-4271-A38C-4385E56F9A0D

INTERGOVERNMENTAL AGREEMENT
TO PROVIDE FACILITIES USE
BETWEEN
THE CITY OF GLENDALE
and
ARIZONA DEPARTMENT OF CHILD SAFETY

This is an Intergovernmental Agreement, hereinafter referred to as “IGA”, between the City of
Glendale, Arizona, a municipal corporation in Maricopa County, hereinafter referred to as “City”, and
the Arizona Department of Child Safety, hereinafter referred to as “DCS”, to co-locate at the City of
Glendale Family Advocacy Center ("Center") for the DCS Office of Child Welfare and Investigations
("OCWI") to investigate criminal conduct allegations of child abuse, and for DCS and the Center to
provide integrated services to children and families in Arizona.

WHEREAS, DCS is mandated pursuant to Arizona Revised Statutes (A.R.S.), Title 8 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, OCWI is mandated pursuant to A.R.S § 8-471 to investigate criminal conduct allegations
of child abuse with appropriate local law enforcement agencies.

WHEREAS, it is desirable to have a central location from which to provide OC WI investigations and
any other services necessary in the pursuit of the DCS mission; and

WHEREAS, the City has facilities available to centralize these investigations and services.

THEREFORE, in consideration of the mutual agreement expressed herein, the parties agree as
follows:

PURPOSE
This IGA is an agreement between the City and DCS that the parties shall, subject to the terms in this
IGA, provide facilities for integrated services to children and families in the pursuit of child safety.

AUTHORITY
DCS is duly authorized to execute and administer contracts under A.R.S. § 8-453.

DCS is authorized to assist Law Enforcement and Prosecutors in conducting joint investigations into
allegations of criminal conduct pursuant to A.R.S. § 8-471.

The parties are authorized to enter into this IGA pursuant to A.R.S. § 11-952.

TERM. RENEWAL AND TERMINATION

This IGA shall be effective upon execution by both parties and shall expire August 22, 2025. This IGA
may be renewed for additional terms up to a total of three (3) years upon written amendment by mutual
agreement of both parties and is subject to early termination by either party for any reason upon 30 days
written notice.

DocuSign Envelope ID: 649B3693-EBFB-4271-A38C-4385E56F9A0D

DUTIES OF THE City

A. The City will provide office and conference room space to DCS at 6830 N. 57" Drive, Glendale,
AZ, 85301. Space is allocated to DCS staff to facilitate OCWI investigations and to provide
integrated services to children and families. Specific space and the schedule for its use will be
agreed upon by DCS and the City’s Police Chief or designee. Should a dispute occur as to the space
made available or its use, the Police Chief or designee shall make the final decision as to the space
and its use.

B. The office and conference room space will be available during the hours of 8:00 AM to 5:00 PM
on business days. Any after-hours, weekend, or holiday use of the space shall require the approval
of the Police Chief or designee.

C. The City will not provide furniture. DCS will be responsible for providing its own furniture.

D. The City will not provide any computers. DCS will be responsible for providing its own computer
equipment.

E. The City may grant access badges for authorized DCS employees for the space provided.

1. Each DCS employee shall be responsible for his/her assigned access badge.

2. Any DCS employee issued an access badge under this IGA shall be required to sign for the
access badge to the building and shall be responsible for the costs associated with a lost or
misplaced access badge.

3. Any DCS employee who loses or misplaces their access badge shall immediately notify
the Police Chief or designee.

4. Upon the termination, dismissal and or transfer of any DCS employee who has been
assigned an access badge under this IGA, the DCS employee shall immediately return the
deactivated access badge to the Police Chief or designee.

F. The City, at its discretion, may provide security services for the Center and may issue access badges
to DCS employees to allow secured area access.
1. Prior to issuing an access badge, the City may require any DCS employee to successfully
pass a fingerprint background check conducted by the City.
2. All DCS employees being processed for an access badge must notify the Police Chief of
any cases pending in the Superior Court in Maricopa County against the employee or their
immediate family members.

G. The City may provide parking to DCS employees, volunteers and contractors, who shall abide by
any parking policies, procedures, or directives. Any vehicles parked on the premises overnight
shall be parked in an agreed upon location at the risk of the owner of the vehicle.

H. The City, at all times, retains the right of access and right to inspect the entire property at the
Center, regardless of whether the space is being used by DCS. The City shall make access available
to DCS employees at a reasonable time upon reasonable notice.

I. The City retains the right to refuse access to the Center to any individual at any time, regardless of
whether the individual is an employee, volunteer or contractor of DCS.

DocuSign Envelope ID: 649B3693-EBFB-427 1-A38C-4385E56F9A0D

Duties of DCS

A. DCS will use the space designated by the City at the Center to assist Law Enforcement and
Prosecutors in conducting investigations of Child Abuse Hotline reports classified as criminal
conduct, and provide integrated services to children and families in the pursuit of child safety.

B. DCS will assign staff necessary to provide the integrated services as agreed upon with the City.
1. DCS is responsible for supervising and training its employees co-located at the space
designated pursuant to this IGA.
2. DCS employees will abide by the policies and procedures of the City, related to use of
facilities at the Center.

C. DCS will provide its own furniture, and will remove the furniture upon termination of this
Agreement.

D. DCS will provide telephones for DCS staff, private circuit installation for direct network
connection, and internet access service.

E. DCS will provide its own internet access, computers, printers, scanners, peripheral equipment, and
supplies, in addition to any technical assistance necessary for the setup, maintenance, and use of
any electronic equipment. DCS will remove its equipment upontermination of this Agreement.

EEES

City agrees to provide the spaces and services under this IGA without cost to DCS.

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
of any person (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, DCS shall cause its contractor(s) and subcontractors, if any, to indemnify, defend, save
and hold harmless the State of Arizona, any jurisdiction or agency issuing any permits for any work
arising out of this IGA, 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 DCS’s 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 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.

DocuSign Envelope ID: 649B3693-EBFB-427 1-A38C-4385E56F9A0D

INSURANCE

The State of Arizona is self-insured per A.R.S. § 41-621. The City of Glendale is self-insured per
A.R.S. § 11-981. If either party uses a contractor to perform services in relation to this IGA, that party
shall require the contractor to obtain the minimum insurance required by the City of Glendale and State
of Arizona, Department of Risk Management.

AUDIT OF RECORDS

Pursuant to A.R.S. §§ 35-214 and 35-215, both parties shall retain all data, books and other records
(“records”) relating to this IGA for a period of five years after completion of the IGA. All records shall
be subject to inspection and audit by the State of Arizona at reasonable times. Upon request, either
party shall produce the original of any or all such records.

CONFLICT OF INTEREST

The requirements of A.R.S. § 38-511 apply to this IGA. Either party may cancel this IGA, without
penalty or further obligation, if any person significantly involved in initiating, negotiating, securing,
drafting or creating this IGA on behalf of either party is, at any time while this IGA or any extension
is in effect, an employee or agent of the other party with respect to the subject matter of this IGA.

Non-DISCRIMINATION

Both 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. Both 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.

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BEOUIREMENT
Both parties warrant compliance with all Federal immigration laws and regulations relating to
employees and warrant their compliance with Section A.R.S. § 23-214(A), which reads: “After
December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility
of the employee through the E-Verify program.”

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 the IGA.

Both parties retain the legal right to inspect the papers of any employee who works on the IGA to
ensure that the other party or any contractor or subcontractor is complying with the warranty regarding
immigration laws and regulations.

APPLICABLE LAW

This IGA shall be construed in accordance the laws of the State of Arizona.

LEGAL OBLIGATIONS

This IGA does not relieve either party of any obligation or responsibility imposed upon it by law.

DocuSign Envelope ID: 649B3693-EBFB-4271-A38C-4385E56F9A0D

ARBITRATION

The parties to this IGA agree to resolve all disputes arising out of or relating to this IGA 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.

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Should the State Legislature enter back into session and reduce the appropriations or for any reason
and these goods or services are not funded, the DCS may take any of the following actions:

Reduce payments or units authorized;

Accept a decrease in price offered by the Contractor;

Cancel the Agreement;

Cancel the Agreement and re-solicit the requirements.

The Director of DCS shall have the sole and unfettered discretion in determining the availability of
funds. The DCS and the Contractor may mutually agree to reduce reimbursement to the Contractor
when the payment type is Fixed Price with Price Adjustment by executing an amendment to this
Agreement.

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Funds may not presently be available for performance under this Agreement beyond the current state
fiscal year. If funds are not allocated and available for the continuance of this Agreement, this Agreement
may be terminated by the DCS at the end of the period for which funds are available

No liability shall accrue to the DCS in the event this provision is exercised, and the DCS shall not be
obligated or liable for any future payments of for any damages as a result of termination under this
paragraph.

None of the provisions of the IGA may be waived, changed, altered or amended except in writing
signed by both parties.

NoTIcEs

All notices, claims, request, and demands under this IGA are to be in writing and served in person or
via certified (return receipt requested) United States mail, postage prepaid, addressed as stated below,
or at such other address as shall be indicated in writing by each party. Service by certified mail will be
deemed to occur on the postmark date borne by the return receipt.

If to the City: City of Glendale Police Department
6835 N. 57" Drive
Glendale, AZ 85301
Attn: Special Victims Unit Lieutenant, Glendale Family
Advocacy Center

If to DCS: Arizona Department of Child Safety
3003 N. Central Ave, Floor 20
Phoenix, Arizona 85012
Site Code C010-20
Attn: Contract Manager

DocuSign Envelope ID: 649B3693-EBFB-427 1-A38C-4385E56F9A0D

In witness whereof, the parties hereto have executed this IGA on the date written below:

DocuSigned by:
<i Foun Neste
che he 2 2 Robert Navarro

Chief of Police Deputy Director, Support Services
City of Glendale Arizona Department of Child Safety
Date: SAS ZIRE Date: 7/27/2022 | 4:35 PM MST
ATTEST:

Julie K. Bower

City Clerk
Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
‘DocuSigned by:
Tusa Slureaes
Michael D. Bailey Teresa Shreves
City Attorney Assistant Attorney General
Date: Date: 7/22/2022 || 8:38 AM MST