Amendment Pertaining to Resolution 5576

DocuSign Envelope ID: 71F771A6-C4D5-4B18-A9CD-0A225765E8B8

320000168

AMENDMENT NO. 1
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF CHANDLER AND THE TOWN OF GILBERT
FOR A JOINT HOLDING FACILITY

This Amendment No. i to Intergovernmental Agreement (“Amendment No. 1”) is
entered into this 25™ day of January, 2022, by and between the City of Chandler, an Arizona
municipal corporation (“Chandler”) and the Town of Gilbert, an Arizona Municipal Corporation
(“Gilbert”). This amendment is entered into and effective as of June 30, 2020. The parties to
this Agreement may be referred to collectively as the “parties” and individually as a “party.”

RECITALS:

WHEREAS, on June 30, 2014, the Parties entered into Intergovernmental Agreement for
a Joint Holding Facility (“IGA”), related to the housing of detainees by the both the Gilbert and
Chandler Police Departments; and

WHEREAS, the Parties had the intent and, indeed, have continued acting in good-faith and
fulfilling their respective obligations and have performed and abided by the terms to date; and

WHEREAS, the Parties were either unaware or unappreciative that the language of the
IGA allowed for only one (1) singular automatic three-year renewal which took place on June 30,
2017, causing the IGA to remain in effect only until June 30, 2020; and

WHEREAS, Arizona does recognize unwritten contracts and agreements; and

WHEREAS, the Parties have had meetings of the minds and performed acts in good-faith
reliance on the IGA still being valid; and

WHEREAS, the Parties now desire to amend said IGA to confirm the performance of the
parties pursuant to the terms of the IGA from and after June 30, 2020, to extend the term for a
period of three (3) years after such date, and to provide for further automatic renewals.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained in
this Amendment No. 1 and other good and valuable consideration, the Parties agree to amend the
IGA as follows:

TERMS:
1. This Amendment No. 1 shall be effective upon approval of the governing body or authority of
the Parties in conformance with A.R.S. § 11-951 et seg., and shall be binding upon the parties

from and after June 30, 2020. The parties hereby confirm that they have performed pursuant
to the terms of the IGA from and after such date.

2. The above recitals are incorporated by this reference.

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3. All of the original terms and clauses of the IGA remain in effect except as modified herein.

4. The following Section 3.1.1.1 is hereby added to and incorporated into the IGA:
“3.1.1.1 Further Automatic Renewal. Commencing June 30, 2020, this IGA shall
automatically renew for additional consecutive three (3) year terms, unless one of the parties
notifies the other at least one hundred and eighty (180) calendar days prior to the end of the

Term of its intent to let the IGA expire.”

5. Except as modified herein, all terms of the IGA shall remain unchanged, and are hereby

ratified, republished and reaffirmed and are incorporated into this Amendment No. 1.

IN WITNESS WHEREOF, the Parties hereto have entered into this Amendment No. | on the

date set forth above:

City of Chandler

Town of Gilbert

DocuSigned by:

Brigatte. Parson.

CBS99DBIGEADADA...

Kevin Hartke, Mayor

Brigette Peterson, Mayor

ATTEST: ATTEST:
DacuSigned by:
Co
Dana DeLong, City Clerk Chaveli Herrera, Town Clerk

APPROVED AS TO FORM: The
undersigned attorney acknowledges that
they have reviewed the above agreement
on behalf of Chandler, and has determined
that this Amendment No. 1 is in proper
form and is within the powers and authority
granted to Chandler under the laws of the
State of Arizona.

APPROVED AS TO FORM: The
undersigned attorney acknowledges that
they have reviewed the above agreement
on behalf of Gilbert, and has determined
that this Amendment No. | is in proper
form and is within the powers and authority
granted to Gilbert under the laws of the
State of Arizona.

DocuSigned by:
(hyis Payne

AFDAS51617E04AA...

Kelly Schwab, City Attorney EP r/

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Chris Payne, Town Attorney