IGA WITH MARICOPA COUNTY SHERIFF OFFICE.PDF

21-137C
INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY AND CITY OF AVONDALE
REGARDING MARICOPA COUNTY SHERIFF’S OFFICE
BASIC TRAINING ACADEMY
C-50-21-_ -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 CITY OF AVONDALE, an Arizona municipal corporation, (“Avondale”) on behalf of
its police department, 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 City of Avondale Police Department, “Avondale PD,” 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 Avondale has sworn employee recruits that are required to be
trained according to the State of Arizona Peace Officer Standard Training (“AZPOST”).
AGREEMENT
Wherefore, the Parties enter into the following Agreement July 1, 2021 through June 30, 2023, the
Initial Term, upon Maricopa County Board of Supervisor approval.
MCSO will:
1. Provide training space as available for Avondale PD recruit officers to attend
scheduled Sworn Basic Training Academy.
2. Reserve the right in its sole discretion to decide whether the Avondale 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 Avondale original individual training records for each Avondale 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 Avondale PD recruits in the same manner as MCSO recruits for purposes of
training, academics, ethics and discipline.
6. Require Avondale to investigate Avondale PD recruits should a situation arise for an
internal affairs investigation concerning the actions of a Avondale PD recruit.
7. Bill Avondale a non-refundable registration in the amount of $750, payable to
Maricopa County, per Avondale PD recruit.
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8. Review its costs annually and, if necessary, process amendments to this Agreement
for future increases, not later than April of each fiscal year, to be effective with the
new fiscal year.
Avondale will:
1. Understand and agree that the curriculum will consist of the standard MCSO training
program for MCSO, including MCSO’s policies and procedures.
2. Provide worker’s compensation insurance, salary, benefits, weapons, ammunition
and uniforms for Avondale PD recruits and employees
3. Ensure its employee participants have received infectious disease testing and
required immunizations and have undergone health related pre-requisites applicable
for MCSO academy attendees prior to the first day of training. Proof of the preceding
requirements 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. CDC guidelines will be
followed for any participants testing positive.
When a vaccine is available: Ensure its current academy participants and
future registrants are immunized from COVID-19 according to MCSO policy.
4. Agree to pay MCSO within 30 days of receipt of invoice.
5. Accepts that there is no guarantee that any minimum number of candidates from the
Avondale 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:
1. There are no amounts due from the previous training agreements
2. 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.
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 obligations of the Parties shall be only
those expressly set forth in this Agreement.
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4. Parties acknowledge that under this IGA no employee or participant of the Avondale
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.
Avondale 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.
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. §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.
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. The Parties agree 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. 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).
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 six (6) 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.8.This IGA may be amended only by the mutual
written consent of authorized representatives for all Parties and requires
Maricopa County Board and Avondale City Council 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
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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 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 either 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. 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.
15. 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.
16. 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.
If to MCSO: If to Avondale PD:
Chief of Administration Avondale Police Dept.
Maricopa County Sheriff’s Office Lieutenant Varney Lopez
550 W Jackson, 5th Floor 11485 W. Center Drive
Phoenix, AZ 85003 Avondale, AZ 85323
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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.
CITY OF AVONDALE, an Arizona MARICOPA COUNTY, a political subdivision
Municipal Corporation of the State of Arizona
BY: BY:
May 18, 2021
Kenn Weise (May 18, 2021 10:35 PDT)
Mayor Date Chairman Date
ATTEST: ATTEST:
May 18, 2021
City Clerk Date Clerk of the Board Date
CITY OF AVONDALE POLICE MARICOPA COUNTY SHERIFF
BY: BY:
Dale Nannenga May 18, 2021
Dale Nannenga (May 18, 2021 09:50 PDT)
Dale Nannenga Date Paul Penzone Date
Chief of Police Sheriff
Approved as to Form: Approved as to Form:
Nicholle Harris May 18, 2021
Nicholle Harris (May 18, 2021 08:49 PDT)
Nicholle Harris Date Deputy County Attorney Date
City Attorney
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