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INTERGOVERNMENTAL AGREEMENT BETWEEN AK-CHIN INDIAN COMMUNITY AND MARICOPA COUNTY REGARDING SWORN AND DETENTION BASIC TRAINING ACADEMY C-50-2___-_____-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 AK-CHIN INDIAN COMMUNITY (“Community”); collectively referred to as the Parties. RECITALS Whereas MCSO conducts Sworn (Arizona Peace Officers Standard Training) and Detention Officer Training Academies on an as-needed basis and regularly has sufficient space for additional participants, and whereas the Ak-Chin Indian Community law enforcement and detention recruits are required to be formally trained in an acceptable training program, the Parties enter into this IGA. AGREEMENT This IGA shall have a term beginning June 1, 2021 through May 31, 2023, the Initial Term, upon the Parties’ approval. MCSO will: 1. Provide training space as available for AK-CHIN recruit officers to attend scheduled Sworn Basic Training Academies or Detention Academies. 2. Reserve the right in its sole discretion to decide whether the AK-CHIN 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 or detention academy participants. 4. Provide AK-CHIN original individual training records for each AK-CHIN recruit upon completion of the MCSO Academy or termination of the recruit’s attendance at the MCSO Academy; and 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 AK-CHIN recruits in the same manner as MCSO recruits for purposes of training, academics, ethics and discipline. 6. Require AK-CHIN to investigate AK-CHIN recruits should a situation arise for an Internal Affairs Investigation concerning the actions of an AK-CHIN recruit. Combined Sworn and Detention Training Agreement - 1 7. Bill/Invoice AK-CHIN Department a non-refundable registration fee per participant as follows: Sworn Academy: $750 Detention Academy: $250 Amounts are payable to Maricopa County, per AK-CHIN registrant after the first full day of the academy. 8. Review its costs annually and as needed process amendments to this Agreement for future increases not later than April of each fiscal year, to be effective with the new fiscal year. Ak-Chin Indian Community will: 1. Accept that there is no guarantee that any minimum number of candidates from the AK-CHIN 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. 2. Understand and agree that the curriculum will consist of the standard MCSO training program for MCSO, including MCSO’s policies and procedures. 3. Agree to pay amounts per registrant cited in 7., above to MCSO within 30 days of receipt of invoice and make amounts payable to Maricopa County, referencing “MCSO Training Academy” in the transaction detail/memo line. 4. Provide worker’s compensation insurance, salary, benefits, for AK-CHIN recruits. 5. Provide applicable items including weapons, ammunition and uniforms for AK- CHIN recruits depending on the requirements for the designated academy, sworn basic training or detention basic training. 6. Pay for all employer related costs for its employees as acknowledged in Section 3. below. 7. Ensure its employee participants have received infectious disease testing and required immunizations and have undergone health related pre-requisites applicable to MCSO academy attendees prior to the first day of training. Proof of the preceding will be necessary for the participant’s records prior to the academy start. Specific COVID 19 requirements: Ensure that registrants are tested for COVID-19 with negative results before the start of the academy within safe time parameters specified by MCSO Training. Ensure that required subsequent COVID-19 testing for current academy participants occurs as directed by MCSO Training until a vaccine is available. CDC guidelines will be followed for any participants testing positive. Combined Sworn and Detention Training Agreement - 2 When a vaccine is available: Ensure its current academy participants and future registrants are immunized from COVID-19. The Parties agree: 1. 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. 2. 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. 3. Parties acknowledge that under this IGA no employee or participant of the Ak- Chin 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. Ak-Chin PD shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, workman's compensation, occupational disease compensation, unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals and shall save and hold MCSO harmless with respect thereto. 4. 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. §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 (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 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. 5. Each Party shall comply with all applicable laws, ordinances, executive orders, rules, regulations, standards, and codes of the federal, state, and local government’s whether or not specifically referenced herein. The Parties agree that there will be no discrimination as to race, sex, religion, color, age, creed, or Combined Sworn and Detention Training Agreement - 3 national origin in regard to obligations, work, and services performed under the terms of any contract ensuing from this engagement. The Parties 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). 6. 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 six (6) years after completion of this Agreement. Upon request, each Party shall produce original of any and all such records. 7. The laws of the State of Arizona shall govern this IGA. The parties to this Agreement agree to resolve all disputes arising out of or relating to this Agreement through arbitration, after exhausting applicable administrative review, to the extent required by A.R.S. § 12-1518 except as may be required by other applicable statutes. a. Any dispute between the parties hereto regarding the interpretation, performance, breach, or enforcement of this Agreement shall be submitted to and resolved by arbitration in accordance with procedures mutually agreed to by the parties hereto or, when the parties cannot agree, in accordance with procedures prescribed by ARS Title 12, Chapter 21 regardless of amount involved. No arbitration award shall include punitive, incidental, or consequential damages. b. COMMUNITY'S LIMITED WAIVER OF SOVEREIGN IMMUNITY. Notwithstanding any other provision of this Agreement to the contrary, and subject to the limitations set forth in this Paragraph, the Community expressly waives its immunity from suit only as to binding arbitration proceedings as described herein, and to actions to enforce such arbitration decisions brought in a court of competent jurisdiction. This waiver is specifically limited to the following actions and judicial remedies: i. Damages: The enforcement of an award of money damages by arbitration; provided the arbitrator(s) and/or the court shall have no authority or jurisdiction to order execution against any assets or revenues of the COMMUNITY except (1) the funds budgeted for this Agreement, and (2) any proceeds of applicable insurance policies. In no instance shall any enforcement of any kind whatsoever be allowed against any assets of the Community other than the limited assets of the Community specified in this Paragraph. ii. Action to Compel Arbitration: An action to compel arbitration or enforce arbitration awards or orders pursuant to this Paragraph. 8. This IGA may be amended only by the mutual written consent of authorized representatives for all Parties and require Board and Community approval. . 9. This IGA may be terminated at any time by either Party by mailing the other Party written notice of termination by certified mail two (2) months in advance of the requested date of termination. In the event that 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 Combined Sworn and Detention Training Agreement - 4 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. 10. 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 any other Party to the contract arising as the result of the contract. 11. 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. 12. 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. 13. 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. 14. 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 condition herein. 15. 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 9., above. 17. Any notice to be given under this IGA shall be sent to the Parties listed below. MCSO: Ak-Chin Indian Community Chief, Administration Manuel W Garcia, Chief of Police Maricopa County Sheriff’s Office Ak-Chin Indian Community PD 550 W Jackson 5th Floor 45525 W Farrell Rd. Phoenix, AZ 850003 Maricopa, Arizona 85139 Combined Sworn and Detention Training Agreement - 5 IN WITNESS WHEREOF, the Parties hereto have entered into this IGA as of the date of the last signature set forth below. Ak-Chin Indian Community Maricopa County, a political subdivision a political subdivision of the State of Arizona of the State of Arizona __________________________ ________ __________________________ ________ Robert Miguel Date Jack Sellers Date Chairman, Ak-Chin Community Council Chairman, Board of Supervisors ATTEST: ATTEST: __________________________ ________ __________________________ ________ Council Secretary Date Juanita Garza Date Clerk of the Board Approved as to form: Approved as to form: __________________________ ________ __________________________ ________ Attorney Date Deputy County Attorney Date Ak-Chin Police Department Maricopa County Sheriff’s Office __________________________ ________ __________________________ ________ Manuel W. Garcia Date Paul Penzone, Date Chief of Police Sheriff Combined Sworn and Detention Training Agreement - 6