SWORN TRAINING ACADEMY IGA WITH GAME AND FISH.PDF
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INTERGOVERNMENTAL AGREEMENT BETWEEN h/lARICOPA COUNTY and ARIZONA GAME AND FISH REGARDING MARICOPA COUNTY SHERIFF'S OFFICE BASIC TRAINING ACADEMY C-50-19- -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 ARIZONA GAME AND FISH COMMISSION collectively referred to as the Parties. The Parties enter into this IGA regarding participation in MCSO's Sworn Basic Training Academy. Whereas MCSO offers Sworn Officer Basic Training Academies on as as-needed basis and generally has space for additional participants and Whereas the Arizona Game and Fish 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 Arizona Game and Fish Commission enter into the following Agreement effective January 1, 2019 through June 30, 2021. The MCSO: 1. Will provide training space as available for ARIZONA GAME AND FISH recruit officers to attend scheduled Basic Training Academies. 2. Reserves the right in its sole discretion to decide whether the ARIZONA GAME AND FISH 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 police academy participants. 4. Will provide ARIZONA GAME AND FISH original individual training records for each ARIZONA GAME AND FISH 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 ARIZONA GAME AND FISH recruits in the same manner as MCSO recruits for purposes of training, academics, ethics and discipline. 6. Will require ARIZONA GAME AND FISH to investigate ARIZONA GAME AND FISH recruits should a situation arise for an Internal Affairs Investigation concerning the actions of an ARIZONA GAME AND FISH recruit. 7. Will bill ARIZONA GAME AND FISH Department a non-refundable registration in the amount of $500, payable to Maricopa County, per ARIZONA GAME AND FISH registrant after the first full day of the academy. 1 The ARIZONA GAME AND FISH: 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 ARIZONA GAME AND FISH 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 (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 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. 1-9 forms are available for download at USC1S.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). 2 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. 7. This 1GA may be amended only by the mutual written consent of authorized representatives for all Parties and requires Board approval. B. 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. 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. 11. Any notice to be given under this IGA shall be sent to the Parties listed below. If to MCSO: If to ARIZONA GAME AND FISH: Chief, Support Services Bureau Lieutenant, Arizona Game and Maricopa County Sheriff's Office and Fish Department 550 W Jackson, 5th Floor 5000 W. Carefree Highway Phoenix, AZ 85003 Phoenix, AZ 85086 [This space left intentionally blank.] 3 Sworn Training Academy Agreement IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the date of the last signature set forth below. Arizona Game and Fish Commission MARICOPA County, a political subdivision of the State of Arizona BY: irectpe, Secretary / Steve Chucri Date to the Commissi Chairman ATTEST: Fran McCarroll Date Clerk of the Board Maricopa County Sheriff Paul Penzone Date Sheriff Approved as to form: Approved as to form: Date Deputy County Attorney Date 4