Res 2618 City of Avondale IGA for Detention, Administrative, and Transportation Services - End Date June 30, 2030 09 09 25

City of Tolleson — City Council (2025-09-09)

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RESOLUTION NO. 2618

A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF TOLLESON,
ARIZONA, APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF TOLLESON AND THE CITY OF AVONDALE FOR DETENTION,
ADMINISTRATIVE, AND TRANSPORTATION SERVICES, AND AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT.

WHEREAS, the City of Avondale owns and operates a detention facility and is willing to
provide detention, administrative, and transportation services for Tolleson prisoners; and

WHEREAS, the City of Tolleson desires to enter into an Intergovernmental Agreement
with the City of Avondale for the provision of such services, and Avondale and Tolleson are
authorized to enter into such agreements pursuant to A.R.S. § 11-951 et seq.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
TOLLESON, ARIZONA, as follows:

Section 1. The recitals above are hereby incorporated as if fully set forth herein.

Section 2. The Intergovernmental Agreement between the City of Tolleson and the City
of Avondale for detention, administrative, and transportation services is hereby approved in
substantially the form attached hereto as Exhibit A and incorporated herein by reference.

Section 3. The Mayor, City Manager, City Clerk and City Attorney are hereby authorized
and directed to take all steps necessary to cause the execution and delivery of this
Intergovernmental Agreement and to take all steps necessary to carry out the purpose and intent
of this Resolution.

PASSED AND ADOPTED by the Mayor and Council of the City of Tolleson, Arizona, on this
9th day of September, 2025.

____________________________________
Juan F. Rodriguez, Mayor

ATTEST: ____________________________________

Crystal Zamora, City Clerk

APPROVED AS TO FORM: ____________________________________

Justin Pierce, City Attorney

EXHIBIT A
TO
RESOLUTION NO. 2618

[Intergovernmental Agreement]

See following pages.

INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF AVONDALE
AND
THE CITY OF TOLLESON
THIS INTERGOVERNMENTAL AGREEMENT (this “Agreement”) is entered into as of
July 1, 2025, between the City of Avondale, an Arizona municipal corporation, acting by and
through the Avondale Police Department (“Avondale”), and the City of Tolleson, an Arizona
municipal corporation, acting by and through the Tolleson Police Department (“Tolleson”).
Avondale and Tolleson are referred to herein collectively as the “Parties” and individually as a
“Party.”
RECITALS

A.
Avondale owns, and the Avondale Police Department operates, a detention center,
located at 50 North Eliseo C. Felix, Jr. Way, Avondale, Arizona (the “Detention Facility”).

B.
Tolleson Police Department desires to utilize the Detention Facility for the
processing and the temporary incarceration of Tolleson prisoners (the “Incarceration Services”).

C.
Tolleson Police Department desires to utilize the Avondale City Court Judge for
the administration of initial court appearances for Tolleson prisoners charged with a misdemeanor
offense (the “Administrative Services”).

D.
Tolleson Police Department also desires to engage the Avondale Police Department
to transport Tolleson prisoners charged with felony offenses (the “Transportation Services”) to the
Maricopa County Jail located at 201 South 4th Avenue, Phoenix, Arizona (the “County Jail”).

E.
Avondale and Tolleson are authorized to enter into this Agreement under the
authority of ARIZ. REV. STAT. § 11-951 et seq.

F.
The Parties desire to define the terms and conditions under which Avondale will
perform the Incarceration Services, the Administrative Services and the Transportation Services
(collectively, the “Services”) for Tolleson.

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 is hereby acknowledged, Avondale and
Tolleson hereby agree as follows:

1.
Services.

1.1
Incarceration Services. Except as provided in this Subsection 1.1, Avondale
agrees to accept and process all Tolleson prisoners transported to the Detention Facility by
Tolleson and to incarcerate such prisoners until such time as Avondale either
(i) releases such prisoners on the order of the court or (ii) transports such prisoners to the County
Jail. The Parties agree that the Incarceration Services will be administered for the Tolleson
prisoners on the same basis that Avondale incarcerates Avondale prisoners.

A.
Avondale shall not be required to accept, process or incarcerate any
Tolleson prisoner where:

i.
The Tolleson prisoner’s medical condition would pose a
threat to Avondale prisoners or to Detention Facility employees and/or the Tolleson prisoner’s
medical condition would create a need for medical care that cannot be provided at the Detention
Facility; or

ii.
The Tolleson prisoner’s behavior or mental state
demonstrates that the prisoner will pose a threat to Avondale prisoners or to Detention Facility
employees; or

iii.
Because of events outside of the control of Avondale, it will
be unfeasible for the Avondale City Court Judge to administer the Administrative Services for the
Tolleson prisoner prior to the next regularly scheduled Avondale initial court appearances.

B.
Tolleson shall provide, as requested by Avondale, such
administrative supplies as may be necessary for Avondale to accept and process Tolleson prisoners
including, but not limited to, fingerprint compliance forms and prisoner DNA packets.

C.
Subject to Section 4 below, Tolleson shall be responsible for paying
all costs incurred by third parties providing medical care to Tolleson prisoners while such prisoners
are in the custody of Avondale.

1.2
Administrative Services. Avondale agrees to make available the Avondale
City Court Judge to administer the initial court appearances for each of the Tolleson prisoners
charged with misdemeanor offenses. The Parties agree that the Administration Services will be
administered for the Tolleson prisoners on the same basis that the Avondale City Court Judge
administers initial court appearances for each of the Avondale prisoners charged with
misdemeanor offenses.

1.3
Transportation Services. Avondale agrees to transport the Tolleson
prisoners charged with felony offenses from the Detention Facility to the County Jail. The Parties
agree that the Transportation Services will be administered for the Tolleson prisoners on the same
basis that Avondale transports Avondale prisoners to the County Jail. The Parties

acknowledge that Avondale may, but is not required to, transport Tolleson prisoners to or from
any locations other than the Detention Facility and the County Jail.

2.
Compensation; Payments. For the Initial Term, Tolleson shall pay Avondale
$127,877.93 calculated as follows:
a.
The cost to pay for one full-time Detention Facility officer, which amount
Parties agree is $109,404.72 and includes salaries and wages, benefits, and
uniform allowance.
b.
Indirect costs, which amount Parties agree is $16,410.71.
c.
Costs for medical monitor bracelets, which includes ultra long-range
wireless service and Overwatch licensing and cloud services, which amount
Parties agree is $2,062.50.

Thereafter, for each subsequent Renewal Term, if any, Tolleson agrees that slight salary and
COLA adjustments will be made to the compensation amount as necessary. Tolleson shall pay
Avondale the compensation amount agreed upon by the Parties 30 days prior to the beginning of
any Renewal Term.

3.
Term. This Agreement shall be effective as of the date first set forth above and
shall remain in full force and effect until June 30, 2026 (the “Initial Term”), unless terminated as
otherwise provided herein. After the expiration of the Initial Term, this Agreement shall
automatically renew for up to four successive one-year terms (each, a “Renewal Term”), subject
to termination as provided in Section 7 below. At least 30 days prior to the termination of either
the Initial Term or a Renewal Term, either Party may provide written notification to the other Party
of its intention not to renew this Agreement.

4.
Indemnification. To the extent permitted by law each Party shall defend, indemnify
and hold harmless the other Party and its council members, departments, officers, employees and
agents from all losses, damages, claims, liabilities and expenses (including reasonable attorneys’
fees) for damages to property or for injury to or death of persons which relate to the
performance of this Agreement and which result from any act, omission or negligence of the
indemnifying Party or its councel members, departments, officers, employees or agents.

5.
Insurance. The Parties agree to secure and maintain insurance coverage for any and
all risks that may arise out of the terms, obligations, operations and actions as set forth in this
Agreement, including but not limited to public entity insurance. The acquisition of insurance or
the maintenance and operation of a self insurance program may fulfill the insurance requirement.

6.
Budget. Subject to Subsection 7.4 below, each Party shall provide for its own
financial obligations under this Agreement through its annual budget process or by separate
resolution as allowed by law and as deemed appropriate by its City Council. Nothing in this
Agreement shall be construed as committing Avondale to incur capital expenditures for equipment,
facilities, or otherwise, or to incur expenses not expressly set forth in this Agreement.

7.
Termination.

7.1
For Convenience. This Agreement is for the convenience of the Parties and,
as such, may be terminated without cause by either Party by providing the non-terminating Party
30 days’ written notice of its intention to terminate.

7.2
Conflict of Interest. This Agreement may be canceled by either Party for
conflict of interest pursuant to ARIZ. REV. STAT. § 38-511.

7.3
For Cause. If either party fails to perform any obligation pursuant to this
Agreement and such party fails to cure its nonperformance within 30 days after notice of
nonperformance is given by the non-defaulting party, such party will be in default. In the event
of such default, the non-defaulting party may terminate this Agreement immediately for cause and
will have all remedies that are available to it at law or in equity including, without limitation, the
remedy of specific performance. If the nature of the defaulting party’s nonperformance is such
that it cannot reasonably be cured within 30 days, then the defaulting party will have such
additional periods of time as may be reasonably necessary under the circumstances, provided the
defaulting party immediately (A) provides written notice to the non-defaulting party and (B)
commences to cure its nonperformance and thereafter diligently continues to completion the cure
of its nonperformance. In no event shall any such cure period exceed 90 days.

7.4
Agreement Subject to Appropriation. Each Part is obligated only to pay its
obligations set forth in the Agreement as may lawfully be made from funds 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 Agreement 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 the
Agreement is executed and delivered. The Parties 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 the Party. The Parties hereby waives any and all rights to bring any claim against
the each other from or relating in any way to the either Party’s termination of this Agreement
pursuant to this section.

8.
Miscellaneous.

8.1
Independent Contractor. Avondale and Tolleson acknowledge and agree
that, in providing the services under this Agreement, Avondale shall be considered an independent
contractor, not an employee or agent of Tolleson, except as provided in Section 8.12 below.
Avondale and its employees are not entitled to worker’s compensation benefits from Tolleson.
Tolleson does not have the authority to supervise or control the actual work of

Avondale or its employees. Avondale, and not Tolleson, shall determine the time of its
performance of the Services provided under this Agreement so long as Avondale performs the
Services as set forth in Section 1 above. Tolleson and Avondale do not intend to nor will they
combine business operations under this Agreement.

8.2
Provisions Required by Law. Each and every provision of law and any
clause required by law to be in this 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, this Agreement will promptly be physically
amended to make such insertion or correction.

8.3
Amendment. This Agreement may be modified only by a written
amendment approved by the Parties’ respective governing bodies and signed by persons duly
authorized to enter into contracts on behalf of Avondale and Tolleson. Any attempt at oral
modification of this Agreement shall be void and of no effect.

8.4
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 Avondale:
City of Avondale
11465 West Civic Center Drive
Avondale, Arizona 85323
Attn: Ron Corbin, City Manager
With copy to:
City of Avondale
11465 West Civic Center Drive
Avondale, AZ 85323
Attn: Nicholle Harris, City Attorney

If to Tolleson:
City of Tolleson
9055 West Van Buren
Tolleson, Arizona 85353
Attn: Crystal Zamora, City Clerk

With copy to:
Pierce Coleman PLLC
2812 North Norwalk, Suite 107
Mesa, Arizona 85215
Attn: Justin Pierce, City Attorney

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 Section. 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.

8.5
Severability. The provisions of this Agreement are severable to the extent
that any provision or application held to be invalid or unenforceable by a Court of competent
jurisdiction shall not affect any other provision or application of this Agreement which may remain
in effect without the invalid provision or application.

8.6
Entire Agreement; Parol Evidence. This Agreement represents the entire
agreement of the Parties with respect to its subject matter, and all previous agreements, whether
oral or written, entered into prior to this Agreement 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 this 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.

8.7
Applicable Law; Venue. This Agreement shall be governed by the laws of
the State of Arizona and suit pertaining to this Agreement may be brought only in courts in
Maricopa County, Arizona.

8.8
Laws and Regulations. The Parties agree to comply with the provisions of
applicable state and federal regulations governing equal employment opportunity and non-
discrimination and immigration. Each Party shall keep fully informed and shall at all times during
the performance of its duties under this Agreement ensure that it and any person for whom the
Party is responsible for abides by, and remains in compliance with, all rules, regulations,
ordinances, statutes or laws affecting the services, including, but not limited to, the following: (A)
existing and future city and county ordinances and regulations, (B) existing and future state and
federal laws and (C) existing and future Occupational Safety and Health Administration standards.

8.9
Disposition of Property upon Termination. The Parties do not anticipate
having to dispose of any property upon partial or complete termination of this Agreement.
However, to the extent that such disposition is necessary, property shall be returned to its original
owner. With respect to the compensation paid by Tolleson to Avondale pursuant to Section 2
above: (i) if Avondale terminates this Agreement because of a material breach of the Agreement
by Tolleson, Avondale shall be entitled to retain the compensation paid by Tolleson;
(ii) if Tolleson terminates this Agreement because of a material breach of the Agreement by
Avondale or if either Party terminates this Agreement for convenience, Avondale shall return to

Tolleson a prorated portion of the compensation paid by Tolleson pursuant to Section 2 above
calculated as of the date Tolleson provides written notice to Avondale of the material breach.

8.10
Approvals. With respect to any provision of this Agreement requiring the
consent or approval of either Party as to any matter, unless specifically provided to the contrary in
the particular provision requiring such consent or approval, that consent or approval shall not be
unreasonably withheld, conditioned or delayed by the Party whose consent or approval is required.

8.11
Assignment; Delegation. No right or interest in this Agreement shall be
assigned by a Party to this Agreement without prior, written permission of the other Party signed
by such other Party’s City Manager, or authorized designee, and no delegation of any duty of any
Party shall be made without prior, written permission of the other Party signed by such other
Party’s City Manager, or authorized designee. Any attempted assignment or delegation by either
Party in violation of this provision shall be a breach of this Agreement.

8.12
Worker’s Compensation. An employee of either Party 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 Party 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
Arizona to be employees of both public agencies for the purposes of
worker’s compensation.”

8.13
Waiver. The waiver of any breach of this Agreement shall not be deemed
to amend this Agreement and shall not constitute a waiver of any other subsequent breach.

8.14
Captions. Captions and section headings used herein are for convenience
only and are not a part of this Agreement and shall not be deemed to limit or alter any provisions
hereof and shall not be deemed relevant to construing this Agreement.

8.15
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.

8.16
E-verify, Records and Audits. To the extent applicable under ARIZ. REV.
STAT. § 41-4401, the Parties 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 Parties’ or a subcontractor’s
breach of the above-mentioned warranty shall be deemed a material breach of this Agreement

and may result in the termination of this Agreement by either Party under the terms of this
Agreement. The Parties each retain the legal right to randomly inspect the papers and records of
the other Party and the other Party’s subcontractors who work under this Agreement to ensure that
the other Party and its subcontractors are complying with the above-mentioned warranty. The
Parties warrant to keep their respective papers and records open for random inspection during
normal business hours by the other Party. The Parties and their respective subcontractors shall
cooperate with the other Party’s random inspections including granting the inspecting Party 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, Avondale and Tolleson have executed this Agreement as of
the date of the last signature set forth below.

“Avondale”
“Tolleson”

CITY OF AVONDALE, an Arizona
CITY OF TOLLESON, an Arizona
municipal corporation
municipal corporation

Mike Pineda, Mayor
Juan F. Rodriguez, Mayor

Date
Date

ATTEST:
ATTEST:

Marcella Sarmiento, City Clerk
Crystal Zamora, City Clerk

In accordance with the requirements of ARIZ. REV. STAT. § 11-952(D), the undersigned City
Attorneys acknowledge that (i) they have reviewed the above agreement on behalf of their
respective clients and (ii) as to their respective clients only, each attorney has determined that this
Agreement is in proper form and is within the powers and authority granted under the laws of the
State of Arizona.

Nicholle Harris
Justin Pierce
Avondale City Attorney
Tolleson City Attorney