SIGNED IGA-FMYN AND MARICOPA COUNTY SHERIFF'S ACADEMY.PDF

Fort McDowell Yavapai Nation

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§ P.O. Box 17779, Fountain Hills, AZ 85269 Phone (480) 789-7000 Fax (844) 570-1102
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BR gy President Bernadine Burnette Vice President Paul J. Russell Treasurer Pansy P. Thomas

Council Member Gerald Doka Council Member Albert C. Nelson Council Secretary Verlene Baptisto

RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY AND FT. MCDOWELL YAVAPAI NATION REGARDING
MARICOPA COUNTY SHERIFF’S OFFICE SWORN BASIC TRAINING ACADEMY

Resolution No. Ft. McD. 2023 - Of

WHEREAS, the Fort McDowell Yavapai Nation ("Nation") is a federally recognized Indian
tribe and a sovereign nation governed by its Constitution and laws; and,

WHEREAS, the Fort McDowell Yavapai Nation Tribal Council (“Tribal Council”) is the
governing body of the Nation; and,

WHEREAS, the Tribal Council wishes to protect the public safety of the Nation and provide
for the public welfare; and,

WHEREAS, all sworn employee recruits of the Fort McDowell Police Department (“Police
Department”) must undergo and pass the requirements of the State of Arizona
Peace Officer Standard Training (““AZPOST”); and

WHEREAS, the Maricopa County Sheriff's Office offers a Sworn Basic Training Academy to
train sworn employee recruits according to the AZPOST; and,

WHEREAS, in order to ensure that all sworn employee recruits of the Nation’s Police
Department successfully undergo and pass the requirements of AZPOST, the
Police Department, at the recommendation of the Nation’s Acting Chief of Police,
now wishes to enter into an Intergovernmental Agreement Between Maricopa
County and Ft. McDowell Yavapai Nation Regarding Maricopa County Sheriff's
Office Sworn Basic Training Academy (“IGA”), attached as Exhibit A and
incorporated herein by reference, so that sworn employee recruits can attend the
Sworn Basic Training Academy offered by Maricopa County; and,

WHEREAS, the cost of the IGA is seven hundred fifty dollars and zero cents ($750.00), which
will be paid for from the Police Department budget; and,

WHEREAS, the term of the IGA is from January 1, 2023, through December 31, 2025, and
automatically renews for up to two (2) one-year terms unless notice is provided to

terminate; and,

WHEREAS, the IGA includes language pertaining to dispute resolution that may be interpreted
as a waiver of sovereign immunity by the Nation; and,

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Resolution No. Ft. McD. 2023- OY Cont. Police Officer Recruit Training

WHEREAS, the Tribal Council recognizes the importance of properly trained police officers in
protecting the health, safety, and welfare of the Nation, and thereby finds it in the
best interest of the Nation to enter into the attached IGA with Maricopa County to
ensure sworn employee recruits undergo and pass the requirements of the

AZPOST.

NOW, THEREFORE, BE IT RESOLVED that the President, or her designee, is authorized
to negotiate and sign any and all documents needed to fully implement the Intergovernmental
Agreement Between Maricopa County and Ft. McDowell Yavapai Nation Regarding Maricopa
County Sheriff's Office Sworn Basic Training Academy.

CERTIFICATION

Pursuant to the authority contained in Article V, Section 13(A)(1), (2), (4), (5), (6), (13), (15),
(21), and 13(B)(1) and (2) of the Constitution of the Fort McDowell Yavapai Nation ratified by
the Tribe on October 19, 1999 and approved by the Secretary of the Interior on November 12,
1999, the foregoing Resolution No. Ft. McD. 2023- was adopted this | ] day of

2023 at a Special Tribal Council Meeting held at Fort McDowell at which a
embers were present, | absent, by a vote of \A_ for and _()_ opposed

ed.

of
_D a H

Vote of the Tribal Council:

and

Per the Nation’s Constitution, Article V, the President only votes in a tie vote or under Article
IX.

Bernadine Burnette, President __ Absent for opposed _ abstained
Paul J. Russell, Vice President Absent tor __opposed __ abstained
Pansy Thomas, Treasurer Absent for _opposed __ abstained
Gerald Doka, Council Member __ Absent r _ opposed __ abstained
Albert C. Nelson, Council Member __Absent for _ opposed __ abstained

—~ Bernadine Burnette
President, Tribal Council

Date

Tribal Secretary

Resolution No. Ft. McD. 2023- Cont. Police Officer Recruit Training

Exhibit A

Intergovernmental Agreement Between Maricopa County and Ft. McDowell Yavapai Nation
Regarding Maricopa County Sheriff's Office Sworn Basic Training Academy

INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY AND FT. MCDOWELL YAVAPAI NATION
REGARDING MARICOPA COUNTY SHERIFF’S OFFICE
SWORN BASIC TRAINING ACADEMY
C-§0-23-___-X-00

This INTERGOVERNMENTAL AGREEMENT (IGA) is entered into by and between MARICOPA
COUNTY, a political subdivision of the State of Arizona on behalf of the SHERIFF'S OFFICE
(“MCSO") and the FORT MCDOWELL YAVAPAI NATION (Ft. McDowell), a Native Sovereign Nation,
on behalf of its police department (Ft. McDowell PD) collectively referred to as the “Parties.” Under
A.R.S. § 11-952, which authorizes public agencies to enter into Intergovernmental Agreements, the
Parties enter into this IGA regarding participation in MCSO’s Sworn Basic Training Academy.

RECITALS

MCSO offers Sworn Officer Basic Training Academy on an as-needed basis and generally has space
for additional participants and whereas Ft. McDowell has sworn employee recruits that are required to
be trained according to the State of Arizona Peace Officer Standard Training (“‘AZPOST’).

AGREEMENT

This agreement is effective January 1, 2023, through December 31, 20285, the Initial Term, upon
Maricopa County Board of Supervisor approval.

MCSO will:

4. Provide training space as available for Ft. McDowell PD recruit officers to attend
scheduled Sworn Basic Training Academy

2 Reserve the right in its sole discretion to decide whether the Ft. McDowell PD
recruits maintain the academic standings necessary to continue in the academy

class.

3. Retain the right, in its sole discretion, to dismiss any recruit for training, academic,
ethical or disciplinary standards applicable to all sworn officer training academy
participants.

4 Provide Ft. McDowell PD original individual training records for each Ft. McDowell
PD recruit upon completion of the MCSO Academy or termination of the recruit’s

attendance at the MCSO Academy. MCSO will maintain records of lesson plans,
class rosters, and other documentation common to the class as a whole consistent

with the requirements of state law.

5. Treat Ft. McDowell PD recruits in the same manner as MCSO recruits for purposes
of training, academics, ethics and discipline.

6. Require Ft. McDowell to investigate Ft. McDowell PD recruits should a situation
arise for an internal affairs investigation concerning the actions of a Ft. McDowell

PD recruit.

4s Bill Ft. McDowell a non-refundable registration in the amount of $750, payable to
Maricopa County, per Ft. McDowell PD recruit

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Review its costs and charges as needed and process amendments to this
Agreement for future increases, not later than April of each fiscal

Ft. McDowell will:

.

Understand and agree that the curriculum will consist of the standard
MCSO training program for MCSO, including MCSO’s policies and procedures.

Provide worker's compensation insurance, automobile liability, salary, benefits,
weapons, ammunition and uniforms for Ft. McDowell recruits and employees
participating in MCSO Sworn Training Academy.

Provide required training supplies such as but not limited to, weapons,
ammunition, devices, and uniforms for Ft.\McDowell PD recruits and employees

participating in the MCSO Sworn Training Academy

Ensure its employee participants have received infectious disease testing and
required immunizations and have undergone health related pre-requisites
applicable MCSO academy attendees prior to the first day of training. Proof ofthe
preceding requirements will be necessary for the participant's records prior to the
academy start

CDC and Maricopa County guidelines will be followed concerning COVID-19.

Pay MCSO within 30 days of receipt of invoice.

Accept that there is no guarantee that any minimum number of candidates from
the Ft. McDowell PD will be accepted to attend the academy, because enrollment is
based MCSO’s determination of appropriate space/resource availability and
because MCSO candidates have enrollment priority.

The Parties agree:

Each Party (as “indemnitor”) agrees to indemnify, defend, 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 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, or volunteers.

Nothing in this Agreement shall be construed as a waiver of either Party’s
sovereign immunity, and is not intended to impair, limit, or affect the status of any

Party or its sovereignty.

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 obligations of the Parties
shall be only those expressly set forth in this Agreement

Parties acknowledge that under this IGA no employee or participant of the Ft.
McDowell 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. Ft. McDowell PD shall have total responsibility for all salaries, wages,
bonuses, retirement, withholdings, workman's compensation, occupational
disease compensation, unemployment compensation, other employee benefits,

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Rev MCSO Sworn Basic Training Academy IGA

and all taxes and premiums appurtenant thereto concerning such individuals and
shall save and hold MCSO harmless with respect thereto. Ft. McDowell shall also
be responsible for automobile liability for its recruits and employees related to
participation in Sworn Training Academy activities

5 Each Party to this Agreement warrants compliance with the Immigration and
Nationality Act and all other federal immigration laws and regulations related to the
immigration status of its employees and as applicable with A.R.S. §23- 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 (1-9) 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 as
applicable verify 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 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 any and 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 or not specifically referenced herein. As applicable to a party,
the party agrees that there will be no discrimination as to race, sex, religion, color,
age, creed, or national origin in regard to obligations, work, and services performed
under the terms of any contract ensuing from this engagement. As applicable to a
party, the party will 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).

% 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 five (5) years after
completion of this Agreement. Upon request, Party shall produce original of any
and 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 Ft
McDowell Yavapai Nation Council approval.

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12.

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16.

tf.

This IGA may be terminated at any time by either Party by mailing theother Party
written notice of termination by certified mail two (2) months in advance of the
requested date of termination. 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 recruits’ training is completed, provided that MCSO continues to
have sufficient staffing and other resources to continue the training until that date.

Notice is given that pursuant to A.R.S. § 38-511 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 the
result of the Contract.

This IGA is effective when signed by the Parties. 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.

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.

Any provision of this IGA which is determined to be invalid, void or illegal shall in
no way affect, impair or invalidate any other provision hereof, and remaining
provisions shall remain in full force and effect.

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, covenantor

condition herein.

This Agreement will automatically renew for up to two, one-year terms following
the Initial Term, unless either Party provides notice to terminate, per Section 10,

above.

Any notice to be given under this IGA shall be sent to the Parties listed below.

If to MCSO: If to Ft. McDowell PD:
Maricopa County Sheriff's Office Ft. McDowell Yavapai Nation
Chief of Administration Chief of Police

550 W Jackson, 5" Floor P.O Box 17779

Phoenix, AZ 85003 Fountain Hills, AZ 85269

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IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the date of
the last signature set forth below.

Ft. McDowell Yavapai Nation, MARICOPA County, a political subdivision
a Native Sovereign Nation of the State of Arizona
BY: BY:
President Date Date
Chairman
ST: ATTEST:
Date Juanita Garza Date
Clerk of the Board
Ft. McDowell Yavapai Nation Maricopa County Sheriff
Police Department
BY: BY:
aes (|19{z103
Date Paul Penzone Date
Sheriff
Approved as to form: Approved as to form:
Wa Counsel LV) Date Deputy County Attorney Date

Rev MCSO Sworn Basic Training Academy IGA