CITY OF SURPRISE SWORN ACADEMY7_2019.PDF

INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY and CITY OF SURPRISE
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 SHERIFF’S OFFICE,
“MCSO,” and the CITY OF SURPRISE 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 Surprise’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 the City of Surprise 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 the City of Surprise enter into the
following Agreement effective September 1, 2019 through June 30, 2021 upon Maricopa County
Board of Supervisor approval.
The MCSO:
1. Will provide training space as available for CITY OF SURPRISE recruit officers to
attend scheduled Sworn Basic Training Academies.
2. Reserves the right in its sole discretion to decide whether the CITY OF
SURPRISE 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 CITY OF SURPRISE original individual training records for each
CITY OF SURPRISE 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 CITY OF SURPRISE recruits in the same manner as MCSO recruits for
purposes of training, academics, ethics and discipline.
6. Will require CITY OF SURPRISE to investigate CITY OF SURPRISE recruits
should a situation arise for an Internal Affairs Investigation concerning the actions
of a CITY OF SURPRISE recruit.
7. Will bill CITY OF SURPRISE Police Department a non-refundable registration in
the amount of $500, payable to Maricopa County, per CITY OF SURPRISE
registrant after the first full day of the academy.
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The CITY OF SURPRISE:
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 CITY OF SURPRISE recruits.
3. Agrees to pay MCSO within 30 days of receipt of invoice.
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. 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.
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).
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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. Notice is given that pursuant to A.R.S. § 38-511 the County 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 County 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 County 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 County from any other party to
the contract arising as the result of the Contract.
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.
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12. Any notice to be given under this IGA shall be sent to the Parties listed below.
If to MCSO: If to CITY OF SURPRISE:
Deputy Chief, MCSO BIO, CID Commander Randy Rody
Maricopa County Sheriff’s Office City of Surprise Police Dept
550 W Jackson, 5th Floor 14250 West Statler Plaza
Phoenix, AZ 85003 Suite #103
Phoenix, AZ 85003 Surprise, AZ 85374
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the date of
the last signature set forth below.
City of Surprise MARICOPA County, a political subdivision
of the State of Arizona
BY: BY:
_______________________________ _______________________________
Date Bill Gates Date
Mayor Chairman
ATTEST: ATTEST:
______________________________ _______________________________
Date Fran McCarroll Date
City Clerk Clerk of the Board
City of Surprise Police Maricopa County Sheriff
BY: BY:
______________________________ _________________________________
Date Paul Penzone Date
Chief of Police Sheriff
Approved as to form: Approved as to form:
________________________________ ________________________________
Date Deputy County Attorney Date
City Attorney
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