YAVAPAI COUNTY MCSO SWORN ACADEMY RV.PDF

INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY and YAVAPAI COUNTY
REGARDING MARICOPA COUNTY SHERIFF’S OFFICE
BASIC TRAINING ACADEMY
C-50-____-____-3-00
This INTERGOVERNMENTAL AGREEMENT (IGA) is entered into by and between MARICOPA
COUNTY, a political subdivision of the State of Arizona on behalf of the MARICOPA COUNTY
SHERIFF’S OFFICE, “MCSO,” and YAVAPAI COUNTY, a political subdivision of the State of
Arizona on behalf of the YAVAPAI COUNTY SHERIFF’S OFFICE, “YCSO,” 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 Yavapai County’s
participation in MCSO’s Sworn Basic Training Academy.
Whereas MCSO offers Sworn Officer Basic Training Academies on an as-needed basis and
generally has space for additional participants and
Whereas Yavapai County does not have its own training academy and its sworn employee
recruits are required to be trained according to the State of Arizona Peace Officer Standard
Training (AZPOST).
Therefore, Maricopa County on behalf of the MCSO and Yavapai County on behalf of YCSO
enter into the following Agreement effective September 1, 2019 through June 30, 2021 upon the
approval of the Maricopa County Board of Supervisors and the Yavapai County Board of
Supervisors.
The MCSO:
1. Will provide training space as available for YAVAPAI COUNTY recruit officers to
attend scheduled Sworn Basic Training Academies.
2. Reserves the right in its sole discretion to decide whether the YAVAPAI
COUNTY recruits maintain the academic standings necessary to continue in the
Academy class.
3. Retains 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. Will provide YAVAPAI COUNTY original individual training records for each
YAVAPAI COUNTY 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. Will treat YAVAPAI COUNTY recruits in the same manner as MCSO recruits for
purposes of training, academics, ethics and discipline.
6. Will require YAVAPAI COUNTY to investigate YAVAPAI COUNTY recruits
should a situation arise for an Internal Affairs Investigation concerning the actions
of a YAVAPAI COUNTY recruit.
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7. Will bill YAVAPAI COUNTY Sheriff’s Office a non-refundable registration in the
amount of $500, payable to Maricopa County, per YAVAPAI COUNTY registrant
after the first full day of the academy.
YAVAPAI COUNTY:
1. Understands and agrees that the curriculum will consist of the standard
MCSO training program for MCSO, including MCSO’s policies and procedures.
2. Will provide worker’s compensation insurance, salary, benefits,
weapons, ammunition and uniforms for YAVAPAI COUNTY recruits.
3. Agrees to pay MCSO the $500 fee referenced in paragraph 7, above, within 30
days of receipt of invoice.
The Parties agree:
1. To the maximum extent permitted by law, each Party (as "Indemnitor") agrees to
indemnify, defend and hold harmless the other Party, its officers, officials, agents,
employees, or volunteers 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 actions taken in performance of this
Agreement, to the extent that such Claims are caused by the acts, omissions,
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. 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.
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4. 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
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).
5. 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.
6. 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.
7. This IGA may be amended only by the mutual written consent of authorized
representatives for all Parties and requires Board approval.
8. 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
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.
9. This IGA is subject to cancellation for conflict of interest pursuant to ARS § 38-
511, the pertinent provisions of which are incorporated into this Agreement by
reference.
10. 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 and
scanned signatures are acceptable as original signatures.
11. 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.
12. Any property acquired during the term of this IGA shall be returned to the
purchasing Party no more than thirty (30) calendar days from the effective date of
termination of this IGA.
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13. Any notice to be given under this IGA shall be sent to the Parties listed below.
If to MCSO: If to YAVAPAI COUNTY:
Deputy Chief, MCSO BIO, CID Support Services Commander
Maricopa County Sheriff’s Office Yavapai County Sheriff’s Office
550 W Jackson, 5th Floor 255 East Gurley Street
Phoenix, AZ 85003 Prescott, AZ 86301
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the date of
the last signature set forth below.
YAVAPAI County, a political subdivision MARICOPA County, a political subdivision
of the State of Arizona of the State of Arizona
BY: BY:
_______________________________ _______________________________
Randall W Garrison Date Bill Gates Date
Chairman Chairman
ATTEST: ATTEST:
______________________________ _______________________________
Kim Kapin Date Fran McCarroll Date
Clerk of the Board Clerk of the Board
Yavapai County Sheriff Maricopa County Sheriff
BY: BY:
______________________________ _________________________________
Scott Mascher Date Paul Penzone Date
Sheriff Sheriff
In accordance with the requirements of A.R.S. §11-952(D), the undersigned attorneys
acknowledge that (i) they have reviewed this IGA on behalf of their respective clients and (ii) as to
their respective clients only, each attorney has determined that this Agreement is in proper form
and that execution hereof is within the powers and authority granted under the laws of the State
of Arizona.
________________________________ ________________________________
Deputy County Attorney Date Deputy County Attorney Date
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