IGA WITH MESA PD FOR DETENTION OFFICER ACADEMY.PDF

Maricopa County — Formal (2026-07-15)

View PDF Item 45 Meeting page

Extracted text (via pymupdf) 13141 characters
INTERGOVERNMENTAL AGREEMENT BETWEEN 
MARICOPA COUNTY ON BEHALF OF THE MARICOPA COUNTY SHERIFF’S OFFICE 
AND 
CITY OF MESA 
FOR MCSO DETENTION OFFICER TRAINING ACADEMY 
C-50-27-___X-00 
 
 
This Intergovernmental Agreement (IGA) is entered into by and between Maricopa County, a 
political subdivision of the State of Arizona by and through the Maricopa County Sheriff’s 
Office, (“MCSO”), and the City of Mesa, an Arizona Municipality, for Mesa Police 
Department (“Mesa PD”), collectively referred to as the “Parties” and individually referred 
to as “Party”. 
 
Whereas MCSO conducts Detention Officer Training Academies on an as-needed basis 
and regularly has sufficient space for additional participants, and whereas the Mesa PD 
detention recruits are required to be formally trained in an acceptable training program and 
the Mesa PD does not have its own detention or corrections training academy, the Parties 
enter into this IGA. 
 
Party Responsibilities 
 
The MCSO will: 
 
1. Provide training space as available after MCSO’s training space needs have been 
met for Mesa PD detention recruit officers to attend scheduled Detention Officer 
Training Academies. 
 
2. Reserve the right in its sole discretion to decide whether the Mesa PD recruits 
maintain the academic standings necessary to continue in the Academy class. 
 
3. Reserve the right, in its sole discretion, to dismiss any recruit for training, 
academic, ethical or disciplinary standards applicable to all Detention academy 
participants. 
 
4. Provide Mesa PD original individual training records for each of its recruits upon 
completion of the MCSO Academy or termination of a recruit’s attendance at the 
MCSO Academy. 
 
5. Treat Mesa PD recruits in the same manner as MCSO recruits for purpose of 
training, academics, ethics and discipline.

6. Require Mesa PD to investigate its recruits should a situation arise for an Internal 
Affairs Investigation concerning the action of one of its recruits. 
 
7. Bill Mesa PD a non-refundable registration amount of $1,000 per registrant after 
the first day of training. 
 
8. Review its costs annually and process amendments to this Agreement for future 
increases no later than April of each year, to be effective with the new fiscal year 
(July 1 to June 30). 
 
Mesa PD will: 
 
1. Accept that there is no guarantee that any minimum number of candidates from 
Mesa PD will be able to attend the academy.  Enrollment is limited to 
space/resource availability and MCSO candidates have enrollment priority. 
 
2. Understand and agree that the curriculum will consist of the standard MCSO 
training program for MCSO and that the curriculum shall focus on the policies 
and procedures of the MCSO. 
 
3. Provide applicable items for Mesa PD recruits depending on the requirements 
for the detention basic training. 
 
4. Pay amounts cited in 7. above per registrant within 30 days of receipt of invoice 
and make amounts payable to Maricopa County; and reference “MCSO 
Detention Training Academy” in the transaction detail. 
General Provisions 
1. This IGA shall have an initial 2-year term beginning July 1, 2026, through June 30, 
2028. Following initial term, this IGA will automatically renew for up to two, one-
year terms unless cancelled or terminated. 
 
2. Each Party (as “indemnitor”) agrees to indemnify, defend and hold harmless the 
other Party (as “indemnitee”) and MCSO affiliates 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 the negligent 
performance of this IGA, 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, affiliated or volunteers.

3. This agreement is not intended to constitute, create, give rise to, or otherwise 
recognize a joint venture agreement, partnership or other formal business 
association or organization of any kind, and the right and obligation of the Parties 
shall be only those expressly set forth in this Agreement.  
 
4. Parties acknowledge that under this IGA, no employee or participant of the Mesa 
PD is to be considered a County employee, and that no rights of County merit, 
County retirement, or County personnel rules shall accrue to such individual. 
Mesa PD shall have total responsibility for all salaries, wages, bonuses, 
retirement, withholdings, workman’s compensation, other employee benefits, 
and all taxes and premiums appurtenant thereto concerning such individuals 
and shall save and hold MCSO harmless with respect thereto. 
 
5. Each Party to this Agreement warrants compliance with the Immigration and 
Nationality Act (INA using E-Verify) and all other federal immigration laws and 
regulations related to the Immigration status of its employees and A.R.S. 
§214(A).  Each party shall obtain statements from its subcontractors certifying 
compliance and shall furnish the statements to the other Party upon request.  
These warranties shall remain in effect through the term of this Agreement.  
Each Party and its subcontractors shall also maintain Employment Eligibility 
Verification forms (I-9) as required by the Immigration Reform and Control Act of 
1986, as amended from time to time, for all employees performing work under 
this Agreement and verifying employee compliance using the E-verify system 
and shall keep a record of the verification for the duration of the employee’s 
employment or at least three years, whichever is longer.  I-9 forms are available 
for download at USCIS.GOV.  Each Party retains the legal right to inspect 
contractor and subcontractor’s employee documents performing work under 
this Agreement to verify compliance with this Agreement.  Each party and its 
subcontractors shall be given reasonable notice of the other Party’s intent to 
inspect and shall make the documents available at the time and date specified.  
Should either Party find that the other Party or any of its subcontractors are not 
in compliance; such non-compliance may be considered a material breach of 
this Agreement and may pursue all remedies allowed by law.  Nothing set out 
herein shall make any subcontractor an agent or employee of either Party.  
 
6. Each party shall comply with all applicable laws, ordinances, executive orders, 
rules, regulations, standards, and codes of the federal, state, and local 
government whether specifically referenced herein.  The Parties agree that there 
will be no discrimination as to race, sex, religion, color, age, creed, or national 
origin regarding obligations, work and services performed under the terms of any 
contract ensuing from this engagement.  The Parties comply with the Executive 
Order No. 11246, entitled “Equal Employment Opportunity”, and as amended by 
Executive Order No. 11375, as supplemented by the Department of Labor 
Regulations (41 CFR, Part 60).

7. In accordance with A.R.S. §35-214, all books, accounts, reports, files, electronic 
data, and other records relating to this Agreement shall be retained and subject 
at all reasonable times to inspection and audit by the State of Arizona for five (5) 
years after completion of this Agreement.  Upon request, the Party shall produce 
originals of all such records.  
 
8. Any litigation arising from the Agreement or the performance thereof will be 
decided in the federal or state courts of Maricopa County unless otherwise 
agreed to between the Parties.  The laws of the State of Arizona shall govern the 
construction and interpretation of this IGA.  This Agreement is subject to the 
provisions of A.R.S. §12-1518 relating to the use of arbitration. 
 
9. This IGA may be amended only by the mutual written consent of authorized 
representatives for all Parties and requires Maricopa County Board and City of 
Mesa approval.   
 
10. Except as otherwise provided herein, this IGA may be terminated at any time by 
either Party by mailing or emailing the other Party notice of termination within 
thirty (30) days prior to the effective date of said termination or as otherwise 
agreed to by the Parties in writing.  If a Party decides to terminate this IGA, the 
Parties shall consult prior to the date of termination to ensure termination on the 
most economical and equitable terms.  The Parties agree that any such 
termination shall not become effective with respect to the current recruits then 
enrolled in a training rotation until the recruit’s training is completed, if MCSO 
continues to have sufficient staffing and other resources to continue the training 
until that date.  
 
11. Either party has the right to terminate this IGA without liability to the non-
terminating party by delivering to the non-terminating party written notice of 
termination at least thirty (30) days prior to the effective date of said termination 
or as otherwise agreed to by the Parties in writing.  
 
12. Either Party has the right to terminate this IGA upon twenty-four (24) hour notice 
when it is deemed the health or welfare of the service recipients is endangered. 
 
 
13. If this IGA is terminated prior to expiration of its stated term, any funds advanced 
shall be refunded within ten (10) day after the effective date of such early 
termination; however, there shall be no obligation to refund any monies 
representing tuition for participants who have attended the first day of training.

14. Termination of suspension of this IGA by either party shall not terminate or 
otherwise affect the obligations of the parties to provide indemnification and to 
maintain and permit inspection of records as provided herein.  
 
15. Notice is given that pursuant to A.R.S. §38-3511 the Parties may cancel any 
contract without penalty or further obligation within three years after execution 
of the contract, if any person significantly involved in initiating, negotiating, 
securing , drafting or creating the contract on behalf of the Parties is at any time 
while the contract or any extension of the contract is in effect an employee or 
agent of any other party to the contract in any capacity or consultant to any other 
Party of the contract with respect to the subject matter of the contract.  
Additionally, pursuant to A.R.S. §38-511 the Parties may recoup any fee or 
commission paid or due to any person significantly involved in initiating, 
negotiating, securing, drafting, or creating the contract on behalf of the Parties 
from either Party to the contract arising as a result of the Contract.  
 
16. 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 the same 
instrument.  Faxed, copied, electronic and scanned signatures are acceptable 
as original signatures. 
 
17. This document is the complete and exclusive statement of understanding 
between the Parties, and it supersedes all proposals, oral or written, and other 
documents or communications between the Parties relative to the subject 
matter herein covered, unless such documents or communications are 
specifically included by reference. 
 
18. If any term, covenant, condition or provision of this IGA is held by a court of 
competent jurisdiction to be invalid, void or unenforceable, the remainder of the 
provisions hereof shall remain in full force and effect and shall in no way be 
affected, impaired or invalidated. 
 
19. Waiver of any breach of any term, conditions or covenant herein contained shall 
not be deemed to be a waiver of any subsequent breach of any term, covenant or 
conditions herein.

Notices: 
Any notice to be given under this IGA shall be sent to the Parties listed below: 
If to MCSO: 
 
 
 
 
If to City of Mesa: 
 
Chief, Administration 
 
 
Nancy Sorensen, Police Staff Attorney 
 
 
Maricopa County Sheriff’s Office 
 
City of Mesa  
 
550 W. Jackson 
 
 
 
130 N. Robson 
 
 
Phoenix, AZ 85003 
 
 
 
Mesa, AZ 85201 
 
IN WITNESS WHEREOF, the Parties hereto have entered into this IGA as of the date of the 
last signature set forth below. 
 
City of Mesa, an Arizona Municipality 
Maricopa County, a political subdivision 
 
 
 
______________________________________  
______________________________________ 
Scott Butler  
 
 
Date  
Kate Brophy McGee  
 
Date 
City Manager  
 
 
 
 
Chair, Board of Supervisors 
 
ATTEST: 
 
 
 
 
 
ATTEST: 
 
 
______________________________________   
_______________________________________ 
City Clerk 
 
 
 
Date  
Juanita Garza  
 
 
Date 
 
 
 
 
 
 
 
Clerk of the Board 
 
 
City of Mesa Police Department 
 
Maricopa County Sheriff’s Office 
 
 
______________________________________  
_______________________________________ 
Dan Butler 
 
 
 
Date  
Jerry Sheridan 
 
 
Date 
Chief of Police 
 
 
 
 
Sheriff 
 
 
Approved as to form: 
 
 
 
Approved as to form: 
 
 
 
______________________________________  
_______________________________________ 
City Attorney  
 
Date  
 
Deputy County Attorney 
 
Date