Agreement

Contract No. 2022-

INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF GLENDALE
AND
THE WEST VALLEY REGIONAL VETERANS COURT PARTICIPATING MUNICIPALITIES

This Intergovernmental Agreement (“Agreement”) is made and entered into this 18th day of
January, 2023, by and between the Cities of Glendale, Avondale, Buckeye, El Mirage, Goodyear,
Litchfield Park, Peoria, Surprise, Tolleson, Wickenburg, and Youngtown, each individual Arizona
municipal corporations respectively. Participating Cities and their respective municipal courts will be
referred to individually in this Agreement as a “Party” and collectively as the “Parties.”

RECITALS

A. The Parties are authorized and empowered to enter into this Agreement pursuant to
Arizona Revised Statutes (“A.R.S.”) §§ 11-951 and 11-952 and their respective city charters, codes
or such other governing authority.

B. Pursuant to A.R.S. § 22-601, the presiding judge of the superior court in each county
may establish a Veterans Court to adjudicate cases filed in a justice court or a municipal court in
the county.

C. On December 22, 2022, the Presiding Judge of the Maricopa County Superior Court
issued Administrative Order No. 2022-158, which established the West Valley Regional Veterans
Treatment Court (“WVRVC’) for the municipal courts in the West Valley of Maricopa County,
including Glendale, Avondale, Buckeye, El Mirage, Goodyear, Litchfield Park, Peoria, Surprise,
Tolleson, Wickenburg, and Youngtown Municipal Court and other municipal courts as set forth in
Administrative Order No. 2022-158, and provided that each municipal court would establish its own
eligibility criteria for referral to the Veterans Court.

D. Prior to the issuance of Administrative Order No. 2022-158, Glendale had operated its
own Veterans Court. As of the effective date of this Agreement, pursuant to the direction of the
Administrative Order, the presiding judges of the participating municipal courts of the WVRVC
agreed to hold dockets, in-person and/or virtually, at the Glendale City Court, located at 5711 W.
Glendale Avenue, Glendale, Arizona 85301.

E. Pursuant to A.R.S. § 22-602 and the Administrative Orders, any judicial officer qualified
to hear cases in any of the participating municipal courts shall have the authority to adjudicate a
case referred to the WVRVC.

F. Glendale employs judges and judges pro tempore who are qualified to hear cases in
Glendale Municipal Court (“Glendale Judges’).

G. Glendale has received grant funding for, and to assist in, the startup and operation of
the WVRVC from 10/2021 — 9/2025.

H. The Parties desire to establish the terms and conditions by which Parties will work

together on the WVRVC, including how Parties will proportionately share costs for the wages of
designated court staff and operating costs based on the volume of cases referred to the WVRVC.

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NOW, THEREFORE, in consideration of the covenants and promises contained in this
agreement and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the Parties agree as follows:

TERMS
1.0 Recitals. The foregoing recitals are incorporated into this Agreement.

2.0 Purpose. The Parties desire to work cooperatively on and share costs of the WVRVC, using
Glendale’s City Court location, the full-time coordinator (the “Coordinator’), and the court services
specialist (the “Court Services Specialist’)(both roles are further defined in Section 7 below).

3.0 Additional Agencies.

3.1 The Presiding Judge of the Maricopa County Superior Court may issue future
Administrative Orders authorizing additional municipals courts to participate in the
WVRVC. Upon issuance of said Administrative Order, that court may be invited to and
become a Party to this Agreement after approval by the majority of the then-existing
Presiding Judges (or designee) from the then-existing Parties and compliance with the
provisions of A.R.S. §§11-951 et seg. Such approval shall be documented by sending
a letter of invitation to the Party wishing to join along with a copy to all existing
members.

3.2 A public agency approved by the Presiding Judges (or designees) in accordance with
Subsection 3.1, shall become a Party to this Agreement as of the date that the
Agreement is adopted by its governing body and properly executed by it.

3.3 Each Party shall provide a copy of its fully executed Agreement to every other Party.

4.0 Term. The initial term of this Agreement shall be for a period of one (1) year, commencing
on January 18, 2023, and ending on December 31, 2023 (the “Initial Term”), unless terminated
as otherwise provided in this Agreement. At least 30 days prior to the expiration of the Initial
Term, this Agreement may be renewed for up to three (3) successive one-year terms (each, a
“Renewal Term”) upon mutual written agreement by the presiding judge of each Party and filed
with the Parties’ City Clerks. The Initial Term and any Renewal Term(s) are collectively referred
to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain
in full force and effect.

5.0 General Operation of the WVRVC. The Parties acknowledge that:

5.1 Location of Court. The presiding judges of the participating municipal courts of the
WVRVC have agreed to hold dockets of cases referred to the WVRVC at the Glendale
City Court.

5.2 Referral. Participating municipal courts may refer cases to the WVRVC for
adjudication, as determined by their respective established eligibility criteria.

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Contract No. 2022-

5.3. Scheduling. The Coordinator will consult with the Parties and organize the days that
each participating municipal court's referred cases will be adjudicated at the WVRVC.

5.4 Administration. Court administration for each participating court will establish its own
case referral process, determine how its cases will be handled in the case
management system, and establish how fines, fees, surcharges, and any other costs
will be allocated.

5.5 Jurisdiction, The originating court will retain jurisdiction of any case referred to the
WVRVC.

6.0 Cost Sharing. Parties shall be charged a flat fee per case referred to the WVRVC from their
jurisdiction. The flat fee is based on the average projected cost per case. The average costs per
case is calculated by dividing the projected total costs by the projected volume as determined by
the previous Fiscal Year's total cases. The flat fee will include the costs associated with the WVRVC
Coordinator, and a Court Services Specialist, and court operating expenses and will be offset by
the applicable grant funding amount.

6.1 Reimbursement Payments. Glendale shall bill Parties quarterly for the preceding
quarter. Payments are due to Glendale WVRVC within thirty (30) days of receipt of
invoice. An audit will be completed at the end of the fiscal year to ensure accuracies
of actual costs and actual cases will be compared to the projected costs and any
difference will either be invoiced or credited to the appropriate Party.

7.0 WVRVC Staff. Glendale has employed the Coordinator and the Court Services Specialist
to assist in the operation of the WVRVC. The Coordinator position has been partially grant funded
since the establishment of the WVRVC in FY2022-2023 with decreasing funding each subsequent
grant year through FY 2024-2025. Municipalities participating in the WVRVC program wilt share in
the funding of costs not otherwise covered by a grant. The Parties acknowledge that the staff will
be working under the jurisdiction and control of Glendale.

7.1 Duties. The Coordinator shall establish the priority of cases to be heard in the
WVRVC, handle the scheduling of cases, coordinate with the clerks of each
participating court, and coordinate with the U.S. Department of Veterans Affairs for the
provision of treatment services to eligible veterans in the WVRVC. The Court Services
Specialist shall perform administrative duties as assigned and necessary for the
operation of the WVRVC.

7.2 Change in Employment. If the Coordinator will no longer be employed by Glendale
and Glendale determines not to reassign the Coordinator's duties to another Glendale
employee or contractor, Glendale shall provide Parties with as much notice as possible
so the Parties can determine how such duties will be handled.

8.0 Court Costs. Glendale shall pay for any other costs incurred in operating the WVRVC,
including without limitation, utilities in the Glendale City Court, office supplies, and parking, but
excluding any costs incurred by any Party in using Glendale’s network connection, which costs
are the responsibility of that Party.

9.0 Indemnification. To the fullest extent permitted by law, each Party shall indemnify, defend
and hold harmless the other Party and its agents, representatives, officers, directors, officials and

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employees from and against all allegations, demands, proceedings, suits, actions, claims,
damages, losses, expenses, including, but not limited to, attorney fees, court costs, and the cost
of appellate proceedings, related to, arising from or out of, or resulting from any acts, errors,
mistakes, omissions or negligent, reckless, or intentional actions caused in whole or in part by the
other Party relating to work or services in the performance of this Agreement, including, but not
limited to, any subcontractor or anyone directly or indirectly employed by any of them or anyone
for whose acts any of them may be liable and any injury or damages claimed by any of the Party's
or its subcontractor’s employees.

9.1 Insurance provisions set forth in this Agreement are separate and independent from
the indemnity provisions of this paragraph and shall not be construed in any way to
limit the scope and magnitude of the indemnity provisions. The indemnity provisions
of this Section shall not be construed in any way to limit the scope and magnitude and
applicability of the insurance provisions.

10.0 Insurance Coverage. Each Party will obtain such public liability insurance as is reasonably
necessary to protect against claims, losses or judgments that might be occasioned by the
negligent acts or omissions of the Party, their employees and agents, during the time that the
respective Party is performing acts pursuant to this Agreement. The minimum amount of such
coverage shall be in the amount of $1,000,000 for each occurrence, $2,000,000 Products and
Completed Operations Annual Aggregate, and a $2,000,000 General Aggregate Limit, and any
of the Parties may be self-insured. The Parties acknowledge that Glendale is self-insured as
provided in A.R.S. § 11-981 and that this self-insurance fully complies with the requirements under
this Section.

10.1 Workers’ Compensation. Glendale’s staff, including the Coordinator, the Court
Services Specialist and other Glendale employees assisting with the WVRVC shall be
considered “employees” of Glendale and not of any other jurisdiction (no joint
employer). Employees of other participating jurisdictions assisting with the WVRVC
shall not be considered “employees” of Glendale. Accordingly, such employees of one
Party shall not be entitled to employee benefits normally provided to bona fide
employees of another Party. Nothing in this Agreement or its performance, except as
provided in A.R.S. § 23-1022(D) and described below, shall be construed to result in
any person being the officer, agent, employee, or servant of either Party when such
person, absent this Agreement and the performance thereof, would not in law have
such status. 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 A.R.S. § 23-1022.

11.0 Termination; Cancellation.

11.1 Termination. Any Party shall have the right to terminate its participation in this
Agreement, with or without cause, upon giving the other Parties not less than 30 days’
notice, in writing, of intent to terminate. Any such termination shall be signed by the Party
Contract Administrator, as applicable. Notice of intent to terminate shall be given as
provided in Section 12.0 below. Following termination of participation by one or more
Parties, this Agreement shall remain in full effect with respect to the remaining Parties;
provided, however, if Glendale terminates this Agreement, the Agreement terminates as
to all Parties.

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11.2 Cancellation for Conflict of Interest. Pursuant to A.R.S. § 38-511, any Party may cancel
this Agreement, without penalty or further obligation, if any person significantly involved
in initiating, negotiating, securing, drafting, or creating the Agreement on behalf of any
Party is, at any time while the Agreement is in effect, an employee of any other Party in
any capacity, or a consultant to any other Party with respect to the subject matter of the
Agreement. The cancellation shall be effective when written notice is received by the
other Parties to the Agreement unless the notice specifies a later time.

11.3 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.

12.0 Notices. Any notice required or permitted to be given pursuant to this Agreement, unless
otherwise expressly provided herein, shall be given in writing, either personally to the authorized
representatives of the other Parties, or by United States Postal Service certified mail, return
receipt requested, as shown below or to such other street address(es) as may be designated by
the respective Parties in writing from time to time. The notice shall be deemed complete when
received by the person receiving it or, when certified mail is used, five days from the date of
mailing, whichever occurs first. If a copy of the notice is also given to a Party’s counsel or other
recipient, 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.

If to Glendale: Presiding Judge
Glendale City Court
5711 West Glendale Avenue
Glendale Arizona 85301
If to Avondale:
If to Buckeye:
If to El Mirage:
If to Goodyear:
If to Litchfield Park: City Manager
214 W. Wigwam Bivd
Litchfield Park, Arizona 85340
If to Peoria:
If to Surprise:
If to Tolleson:

If to Wickenburg:

If to Youngtown:

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Contract No. 2022-

Copy to: City of Glendale: Presiding Judge
Glendale City Court
5711 West Glendale Avenue
Glendale Arizona 85301

13.0 Miscellaneous.

13.1

13.2

13.3

13.4

13.5

13.6

13.7

13.8

Invalid Provisions. In the event any term, condition, covenant, stipulation, agreement
or provision herein contained is held to be invalid or unenforceable for any reason, the
invalidity of any such term, condition, covenant, stipulation, agreement or provision
shall in no way affect any other term, condition, covenant, stipulation, agreement or
provision herein contained.

Paragraph Headings. The paragraph headings contained herein are for convenience
in reference and not intended to define or limit the scope of any provision of this
Agreement.

Attorneys’ Fees. In the event either Party brings any action for any relief, declaratory
or otherwise, arising out of this Agreement, or on account of any breach or default
hereof, the prevailing Party shall be entitled to receive from the other Party reasonable
attorneys’ fees and reasonable costs and expenses, determined by the court, sitting
without jury, which shall be deemed to have accrued on the commencement of such
action and shall be enforceable whether or not such action is prosecuted to judgment.

No Third-Party Beneficiaries. No person or entity shall be a third-party beneficiary to
this Agreement.

Entire Agreement. While separate reimbursement arrangements may exist between
individual Parties, this Agreement constitutes the entire agreement between the Parties
with respect to the subject matter hereof and supersedes any prior agreement,
understanding, negotiation or representation regarding the WVRVC.

Further Assurances. The Parties agree to do such further acts and things and to
execute and deliver such additional Agreements and instruments as any Party may
reasonably require to consummate, evidence, confirm or carry out the Agreement
contained herein.

Contract Administrator. The Court Administrator for each participating court shall be
the Contract Administrator unless the Presiding Judge designates otherwise. The
Contract Administrator will be responsible for administering the terms of this
Agreement for that Party and will be the primary contact between the other Parties.
The Contract Administrator shall be designated by the effective date of this Agreement
and noticed in a separate writing between the parties. If no Contract Administrator is
separately designated, the Presiding Judge for the jurisdiction will be considered the
Contract Administrator.

Law Governing: 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.

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13.9
13.10

13.11

13.12

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Contract No. 2022-

Non-Assignability. This Agreement is not assignable by any Party.

Severability. If any term or provision of this Agreement shall be found to be illegal or
unenforceable, then notwithstanding such illegality or unenforceability, this
Agreement shall remain in full force and effect and such term or provision shall be
deemed to be deleted.

Arizona Legal Workers Act. To the extent applicable under A.R.S. § 41-4401, the
Parties warrant compliance, on behalf of themselves and any and all subcontractors,
with all federal immigration laws and regulation that relate to their employees and
compliance with the E-Verify requirements under A.R.S. § 23-214(A). A Party's
breach of the above-mentioned warranty shall be deemed a material breach of this
Agreement and a non-breaching Party may terminate this Agreement. The Parties
retain the legal right to inspect the papers of the other Parties to ensure that each
Party is complying with the above-mentioned warranty under this Agreement.

Availability of Funds. This subsection will control despite any provision of this
Agreement or any exhibit or other agreement or document related to this Agreement.
The provisions of this Agreement for payment of funds or the incurring of expenses
by the Parties shall be effective when funds are appropriated for purposes of this
Agreement and are actually available for payment. Each Party shall be the sole judge
and authority in determining the availability of funds for its obligations under this
Agreement and each Party shall keep the other Parties fully informed as to the
availability of funds for this Agreement. The obligation of each Party to make any
payment pursuant to this Agreement is a current expense of such Party, payable
exclusively from such annual appropriations, and is not a general obligation or
indebtedness of such Party. If the governing body of any Party fails to appropriate
money sufficient to pay the amounts as set forth in this Agreement during any
immediately succeeding fiscal year, this Agreement shall terminate at the end of
then-current fiscal year as to such party and such Party shall be relieved of any
subsequent obligation under this Agreement. The Agreement will remain in full effect
for the remaining Parties to the Agreement; provided, however, if Glendale terminates
this Agreement, the Agreement terminates as to all Parties.

Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one
and the same instrument. 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.

[Signatures on following pages.]

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IN WITNESS WHEREOF, the Parties have executed this Agreement by signing their

signatures, as of the date first written above.

ATTEST:

Julie K. Bower
City Clerk

CITY OF GLENDALE, an Arizona
municipal corporation

Kevin R, Phelps
City Manager

In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges:
1) that he has reviewed the above Agreement on behaif of Glendale; and, 2) that, as to Glendale
only, 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.

Michael D. Bailey
Glendale City Attorney

ATTEST:

‘ia

Terri Roth
City Clerk

APPROVED AS TO FORM:

Joseph : Estes (Jan 25, 2023 09:46 MST)

Joseph Estes, City Attorney
Gust Rosenfeld, PLC

CITY OF LITCHFIELD PARK, an Arizona
municipal corporation

Matthew C. Williams (Jan 25, 2023 09:56 MST)

Matthew C. Williams
City Manager

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