TOLLESON SWORN TRAINING ACADEMY SIGNED.PDF

INTERGOVERNMENTAL AGREEMENT
between
MARICOPA COUNTY
and
CITY OF TOLLESON
REGARDING MARICOPA COUNTY SHERIFF'S OFFICE
BASIC TRAINING ACADEMY
C-50-18- -3-00
This INTERGOVERNMENTAL AGREEMENT (IGA) is entered into by and between MARICOPA
COUNTY, a political subdivision of the State of Arizona administered by and through the
SHERIFF'S OFFICE "MCSO" and CITY OF TOLLESON, on behalf of the TOLLESON POLICE
DEPARTMENT; collectively referred to as the Parties. The Parties enter into this IGA for Sworn
Basic Training of officer recruits.
Whereas MCSO offers Sworn Officer Basic Training Academies which meet the State of Arizona
Peace Officer Standard Training (AZPOST) requirements on as as-needed basis and generally
has space for additional participants.
Whereas the Tolleson Police Department does not have its own training academy and its police
recruits are required to be trained according to the AZPOST.
Therefore, Maricopa County on behalf of the Sheriff's Office and the City of Tolleson on behalf of
the Tolleson Police Department enter into the following Agreement commencing August 1, 2017,
through June 30, 2020.
The Maricopa County Sheriff's Office:
1. Will provide training space when available, for Tolleson recruit officers to attend
scheduled Basic Training Academies.
2. Reserves the right in its sole discretion to decide whether the Tolleson Police
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 Tolleson Police Department original individual training records for
each Tolleson Police 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 Tolleson Police Department recruits in the same manner as MCSO
recruits for purposes of training, academics, ethics and discipline.
6. Will require Tolleson Police Department to investigate Tolleson Police recruits
should a situation arise for an Internal Affairs Investigation concerning the actions
of a Tolleson Police recruit.
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7. Will bill Tolleson Police Department a non-refundable registration in the amount
of $500.00, payable Maricopa County, per Tolleson Police Department registrant
after the first full day of the academy.
The Tolleson Police Department:
1. Understands and agrees that the curriculum will consist of the standard MCSO
training program for MCSO including its policies and procedures.
2. Will provide statutory worker's compensation insurance, salary, benefits,
weapons, ammunition and uniforms for Tolleson Police Department 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
patties 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 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 contract 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
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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. 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.
6. This IGA may be amended only by the mutual written consent of authorized
representatives for all Parties and requires Board approval.
7. 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.
8. 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.
9. This IGA is effective when signed by the Parties.
10. This IGA may be renewed by written agreement of the parties for one additional
three-year period.
11. Any notice to be given under this IGA shall be sent to the Parties listed below.
If to MCSO: If to Tolleson Police Department:
Training Division Commander Training Division Commander
Maricopa County Sheriffs Office Tolleson Police Department
2627 S 35th Avenue 8350 W Van Buren
Phoenix, Arizona 85009 Tolleson, AZ 85353
(602) 876-1889 (623) 936-2733
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Sworn Basic Training Academy Intergovernmental Agreement
IN WITNESS WHEREOF, the Parties hereto have entered into this IGA as of the date of the last
signature set forth below.
City of Tolleson, a political subdivision Maricopa County, a political subdivision
of the State of Arizona of the State of Arizona
iGhArNa. '36.2ILLIL gg. (1/%7
Anna Tovar Date Denny Barney, Date
Mayor Chairman, Board of Supervisors
ATTEST: ATTEST:
Date Fran McCarroll, Date
Clerk of the Board
Tollen Police Department Maricopa County Sheriff's Office
ayne BoVer Date Paul Penzone, Date
Chief of Police Sheriff
Approved 010 form: Approved as to form:
Attpirney Deputy County Attorney Date
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