IGA CITY OF CHANDLER DETENTION TRAINING ACADEMY.PDF

INTERGOVERNMENTAL AGREEMENT BETWEEN
CITY OF CHANDLER
AND MARICOPA COUNTY
BY AND THROUGH THE
MARICOPA COUNTY SHERIFF'S OFFICE
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 by and through the Maricopa County Sheriff's Office,
("MCSO"), and City of Chandler, ("City") collectively referred to as the "Parties" and individually as
the "Party".
Whereas MCSO conducted Detention Officer Training Academies on an as-needed basis and
regularly has sufficient space for additional participants, and whereas the City of Chandler officer
recruits are required to be formally trained in an acceptable training program and the City does
not have its own detention or corrections training academy, the Parties enter into this IGA.
The Parties Agree:
General Provisions
Legal Notices:
Any notice to be given under this IGA shall be sent to the Parties listed below.
If to MCSO: If to City of Chandler:
Chief, Support Services Chief of Police, Sean Duggan
Maricopa County Sheriff's Office City of Chandler Police Department
550 W Jackson 250 E. Chicago Street
5th Floor Chandler, AZ 85225
Phoenix, Arizona 85003
Term:
This IGA shall be for a term of September 1, 2018 through August 31, 2019 and is effective when
signed by the Parties. This IGA may be renewed by written agreement of the parties for one
additional one-year period subject to the Parties approval to renew.
Termination/Suspension/Cancellation:
Except as otherwise provided herein, each party shall have the right to terminate this IGA without
liability to the non-terminating party by hand-delivering to the non-terminating party written notice
of termination at least thirty (30) days prior to the effective date of said termination or as
otherwise agreed to by the Parties in writing.
Either party has the right to terminate this IGA upon twenty-four (24) hour notice when it is
deemed the health or welfare of the service recipients is endangered.
If this IGA is terminated prior to expiration of its stated term, any funds advanced shall be
refunded within ten days after the effective date of such early termination; however, there shall be
no obligation to refund any monies representing tuition for participants who have attended the first
day of training.
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Termination or suspension of this IGA by either party shall not terminate or otherwise affect the
obligations of the parties to provide indemnification and to maintain and permit inspection of
records as provided herein.
Mutual Indemnification
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.
Independent Contractors
This IGA 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 rights and obligations of the parties shall be only those expressly set forth in this IGA.
Parties acknowledge that under this IGA no employee or participant of the City of Chandler 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. City of Chandler 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 the County harmless with respect thereto.
Governing Law
The laws of the State of Arizona shall govern this IGA. Venue will be in the Maricopa County
Superior Court unless otherwise agreed to between the Parties. 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.
Conflict of Interest
This Agreement is subject to the provisions of A.R.S. § 38-511, the Parties may cancel any IGA
without penalty or further obligation within three years after execution of the IGA, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the IGA on behalf of
the County is at any time while the IGA or any extension of the IGA is in effect, an employee or
agent of any other party to the IGA in any capacity or consultant to any other party of the IGA with
respect to the subject matter of the IGA.
E-Verify
Each party to this IGA 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 IGA. 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 IGA 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 USCIS.GOV . Each party retains the
legal right to inspect contractor and sub-contractors or employee documents performing work
under this IGA to verify compliance with this IGA. 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
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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 IGA 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.
Non-Discrimination
Each party shall comply with all applicable laws, ordinances, Executive Orders, rules, regulations,
standards, and codes of the Federal, State, and local governments whether or not specifically
reference herein. The Parties agree that there will be no discrimination as to race, color, creed,
religion, ancestry, national origin, sex, gender, sexual orientation, gender identity, disability, age,
marital status or status in regard to obligations, work, and services performed under the terms
and any IGA 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).
Records
Both parties shall retain and shall contractually require each subcontractor to retain all data,
books and other records ("records") relating to this Agreement for a period of five (5) years after
completion of the Agreement. All records shall be subject to inspection and audit by either party
at reasonable times. Upon request, a party shall produce a legible copy of any or all such
records.
Severability
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.
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.
Non Availability of Funds
Every payment obligation of each party under this agreement is conditioned upon the availability
of funds appropriated or allocated for the payment of such obligation. If funds are not allocated
and available for the continuance of this Agreement, this Agreement may be terminated by either
party at the end of the period for which funds are available. No liability shall accrue to either party
in the event this provision is exercised, and the parties shall not be obligated or liable for any
future payments or for any damages as a result of termination under this paragraph.
No Waiver; No Accord or Satisfaction
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.
Counterparts
This IGA may be executed in two or more counterparts, each of which shall be deemed an
original but all of which together shall constitute one and the same instrument. Faxed and copied
signatures are acceptable as original signatures.
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PARTY RESPONSIBILITIES
The MCSO:
1. Will provide training space as available for City of Chandler detention recruit
officers to attend scheduled Detention Officer Training Academies.
2. Reserves the right in its sole discretion to decide whether the City of Chandler
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 Detention academy
participants.
4. Will provide City of Chandler original individual training records for each of its
recruits upon completion of the MCSO Academy or termination of a recruit's
attendance at the MCSO Academy.
5. Will treat City of Chandler recruits in the same manner as MCSO
recruits for purposes of training, academics, ethics and discipline.
6. Will require City of Chandler to investigate its recruits should a situation arise for
an Internal Affairs Investigation concerning the actions of one of its recruits.
7. Will bill City of Chandler non-refundable registration in the amount of $150, per
registrant for materials after the first full day of the academy which will be
payable to Maricopa County.
City of Chandler:
1. Accepts there that there is no guarantee that any minimum number of candidates
from the City of Chandler 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. Agrees to pay $150 per registrant.
3. Understands and agrees that the curriculum will consist of the standard
MCSO training program for MCSO and that the curriculum shall focus on the
policies and procedures of the MCSO.
4. Will provide worker's compensation insurance, salary, benefits,
and uniforms for its recruits.
(This space is intentionally left blank with signatures to follow.)
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DETENTION OFFICER TRAINING ACADEMY
IN WITNESS WHEREOF, the Parties hereto have entered into this IGA as of the date of the last
signature set forth below.
City of Chandler, a political subdivision Maricopa County, a political subdivision
of the State of Arizona of the State of Arizona
Steve Chucri, Date
Chairman, Board of Supervisors
ATTEST: ATTEST:
/0/3fig.-
Date Fran McCarroll, Date
Clerk of the Board
City of Chandler Police Department Maricopa County Sheriff's Office
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Sean Duggan Date Paul Penzone, Date
Chief of Police Sheriff
Approved as to focrn: Approved as to form:
Date Deputy County Attorney Date
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