Agreement - IGA for WVIRT

INTERGOVERNMENTAL AGREEMENT
FOR THE CREATION AND PARTICIPATION IN THE
WEST VALLEY INVESTIGATIVE RESPONSE TEAM

This Intergovernmental Agreement is entered into pursuant to A.R.S. §§ 11-951, ef seq. and
A.R.S. § 13-3872 among the City of Avondale, the City of Buckeye, the City of El Mirage, the
City of Glendale, the City of Goodyear, the City of Peoria, the City of Surprise, the City of
Tolleson, and the Town of Wickenburg.

The aforementioned agencies hereby establish the West Valley Investigative Response
Team (WVIRT). Upon invitation by the chief law enforcement officers (“Chiefs”) of the
then-existing members any public agency, as that term is defined in A.R.S. § 11-951,
may request participation in the WVIRT, subject to compliance with the provisions of
A.R.S. §§11-951 et seq. The participating agencies shall be collectively referred to as
“WVIRT Agencies” or “Parties”).

|. PURPOSE

The purpose of this Agreement is to create a West Valley Investigative Response Team
(WVIRT). The primary goal of the WVIRT is to provide a pool of specialized officers who
are available to assist in the investigation, documentation, evidence gathering, and
related functions of a critical Incident” or “Critical Incident Investigation”, including but
not limited to officer involved shootings, officer injuries, or other critical or complex
investigations.

lL AUTHORITY

The Parties are authorized and empowered to enter into this Agreement pursuant to
A.R.S. §§11-951 et seq., A.RS. §13-3872 and the respective provisions of their City
Charters, Tribal Constitution or other governing statute or authority.

If any Native American tribe that is a party to this Agreement requests WVIRT assistance,
all assisting WVIRT team members shall be granted tribal peace officer authority as
necessary within the applicable tribal jurisdiction.

Ill. PROCEDURES AND RESOURCES

Each Party shall assign no less than one sworn law enforcement officer to represent that
Party on the WVIRT (“WVIRT Member”). The WVIRT Member shall be required to
participate in all WVIRT activations, meetings, trainings, or other duties or
responsibilities in furtherance of the WVIRT.

Each Party shall immediately inform the other Parties the individual selected to represent
that Party as a WVIRT Member and when such designation changes. In the event a
primary WVIRT member is not available or as the situation dictates, a Party may provide

officers not designated as WVIRT members in support of a WVIRT activation.

The WVIRT Members shall select from its membership two (2) individuals to serve as
“WVIRT Team Leaders”, subject to final approval of “Chiefs” of the WVIRT agencies.
The selection shall be made on a rotating basis for a term of at least one year, which
shall correspond with the effective date of the Agreement. In the event that a Team
Leader is unable to complete his or her term, for any reason or no reason, WVIRT
members shall appoint a replacement subject to final approval of “Chiefs” of the WVIRT
agencies.

The WVIRT Team Leaders or designees will be responsible for coordinating on-going
training, meetings or other necessary functions in support of the of WVIRT. Team
Leaders shall be responsible for mediating any jurisdictional disputes between the
Parties during a WVIRT Activation. In the event such mediation fails, the issue shall be
brought to the attention of the WVIRT Chiefs for appropriate resolution.

IV. ACTIVATION

Any Party to the Agreement may request assistance from WVIRT (“Requesting Party”).
The Requesting Party shall contact the WVIRT Team Leaders via the law enforcement
communications center of each Party (WVIRT Activation’).

Upon contact, Team Leaders shall identify the Party that shall serve as the “Lead
Investigator” for the “Critical Incident Investigation”. The Team Leaders shall notify the
Requesting Party and WVIRT Members of the Lead Investigator. The Party from which
the Lead Investigator is employed shall be the “Lead Agency” during the duration of the
Critical Incident Investigation.

The Lead Investigator and Lead Agency shall have the obligation to complete the Critical
Incident Investigation to completion as determined by the WVIRT Chiefs. If a Party is not
able to complete an investigation to completion, the WVIRT Chiefs will determine an
alternative investigator and agency to complete the investigation.

Each Party, if resources are available, shall make available at least one sworn law
enforcement officer, in addition to a WVIRT Member, and any equipment in support of
any WVIRT Activation.

V. COSTS AND ANY REIMBURSEMENT

The Parties will be responsible for any and all associated costs accrued in implementing
this Agreement that are incurred by their respective agencies to include but are not
limited to employee salary, shift differential pay, overtime compensation, benefits,
vehicles, equipment, etc. If any Party receives grant funds designated for the WVIRT,
some or all of these expenses may be reimbursed to the Parties. In no event shall any
Party charge other Parties for any administrative fees for any work performed pursuant
to this Agreement.

Vi. NONDISCRIMINATION

The Parties to this Agreement shall comply with all applicable provisions of state and
federal non-discrimination laws and regulations which mandates that all persons,
regardless of race, religion, sex, age, national origin or political affiliation shall have equal
access to employment opportunities and all other federal and state employment and
educational opportunity laws, rules and regulations, including the Americans with
Disabilities Act; provided however, an Indian Community is subject to 25 U.S.C. §
450e(c). No Party shall engage in any form of illegal discrimination.

Vil. INDEMNIFICATION

Each party (as "Indemnitor") agrees to defend, indemnify, 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.

Vill. GOVERNING LAW

The laws of the State of Arizona shall govern this Agreement. Venue will be in the
Maricopa County Superior Court unless the subject matter of the dispute involves an
Indian Community, then venue shall be in the Federal District Court for the State of
Arizona. In the event of any litigation or arbitration arising out of this Agreement, the
substantially prevailing Party in such litigation or arbitration shall be entitled to recover
its reasonable attorney fees, expert witness fees and other costs of litigation.

IX. DURATION AND CANCELLATION OF AGREEMENT

This Agreement shall become effective upon execution by the Parties hereto and shall
remain in effect until July 1, 2026, unless otherwise terminated by the terms of this
Agreement or operation of law. Failure by one or more Parties to execute the Agreement
shall not invalidate the Agreement as to those Parties who did so execute. Any Party
may withdraw from this Agreement with or without cause by giving thirty (30) calendar
days written notice to the other Parties to the Agreement.

X. CANCELLATION PROVISIONS PURSUANT TO A.R.S §38-511

The Parties reserve all rights that each may have to cancel this Agreement for possible
conflicts of interest under A.R.S. § 38-511, as amended.

XI. MULTIPLE COUNTERPARTS

This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument. Neither a signature for every Party nor a signature line shall be required in
each counterpart except that on a counterpart being brought forward by a Party to its
legislative body or equivalent for approval, that particular counterpart shall have to be
signed and executed in accordance with that Party's practice. The signature pages from
one or more counterparts may be removed from such counterparts and such signature
pages all attached to a single instrument so that the signatures of all Parties may be
physically attached to a single document.

XII. WORKER'S COMPENSATION

Pursuant to A.R.S. §23-1022(D), tor the purposes of worker's compensation coverage,
all employees of each Party covered by this Agreement shall be deemed to be an
employee of all Parties. The parent agency shall be solely liable for payment of worker's
compensation benefits. In addition, any volunteer of a Party that is involved in the
execution of training, events or activities pursuant to this Agreement shall be considered
an employee of that Party pursuant to A.R.S. §23-901.06 and entitled to benefits
pursuant to A.R.S. Title 23, Chapter 6 Worker's Compensation.

XII. OTHER PROVISIONS

In the event that any provision of this Agreement shall be held invalid or unenforceable
by any court of competent jurisdiction, such holding shall not affect the validity or
enforceability of any other provision hereof.

This Agreement contains the entire understanding between the Parties with respect to
the subjects hereof and supersedes all prior negotiations and agreements. This
Agreement may be amended only by an instrument in writing and signed by all the
participating Parties. The waiver of any breach of this Agreement shall not be deemed
to amend this Agreement and shall not constitute waiver of any other subsequent breach.
Headings are for convenience and shall not affect interpretation.

Each party agrees to comply A.R.S. 35-393 et seq. if applicable.

Nothing within this Agreement shall be construed to limit the ability of participating WVIRT
members to provide or as otherwise allowed for by law, such assistance in any enforcement
action as may be lawfully requested by a law enforcement officer having jurisdiction over an
incident, crime or matter under consideration.

XIV. COMPLIANCE WITH E-VERIFY PROGRAM
To the extent provisions of A.R.S. §41-4401 are applicable, all Parties warrant to each Party

that they will comply with all Federal Immigration laws and regulations that relate to their
employees and that each now complies with the E-Verify Program under A.R.S. §23-214(A).

A breach of this warranty will be considered a material breach of this Agreement and may
subject the breaching party to penalties up to and including termination of this Agreement.

All of the Parties retain the legal right to inspect the papers of any employee who works
pursuant to this Agreement or any related subcontract to ensure compliance with the
warranty given above.

Any Party may conduct a random verification of the employment records of any other Party
to ensure compliance with this warranty.

A Party will not be considered in material breach of this Agreement if it establishes that it has
complied with the employment verification provisions prescribed by 8 USCA

§1324(a) and (b) of the Federal Immigration and Nationality Act and the E-Verify
requirements prescribed by A.R.S. §23-214(A}.

The provisions of this Article must be included in any contract either Party enters into with
any and all of its contractors or subcontractors who provide services under this Agreement.

XV. NOTICES

Any notice required to be given under this Agreement will be provided to all Parties to this
Agreement. The WVIRT leaders shall compile a list of each Party's address, phone number
and contact person and distribute said list to each member to this Agreement.

[Signatures on the following page]

IN WITNESS WHEREOF, the Party named below has executed this Agreement on the

day of

, 2021.

ATTEST:

CITY OF GLENDALE, an Arizona municipal
corporation

By:
Kevin R. Phelps
City Manager

Julie K. Bower
City Clerk

APPROVED AS TO FORM:

Michael D. Bailey
City Attorney

Reviewed By:_¢ his Ze 5 Lgggec
Chris Briggs

Chief of Police

INTERGOVERNMENTAL AGREEMENT DETERMINATION

In accordance with A.R.S. §11-952, this Agreement has been reviewed by the
undersigned who determined that this Agreement is in appropriate form and is within the
powers and authority of the respective parties.

City of Glendale
By:

, Michael D. Bailey
City Attorney

Date: