IGA MCSO DETENTION ACADEMY AK-CHIN SIGNED BY AGENCY.PDF

INTERGOVERNMENTAL AGREEMENT BETWEEN
AK-CHIN INDIAN COMMUNITY
AND MARICOPA COUNTY
BY AND THROUGH THE
MARICOPA COUNTY SHERIFF'S OFFICE
C-50-1 41- -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 AK-CHIN INDIAN COMMUNITY; collectively referred to as the
Parties.
WHEREAS MCSO offers Detention Officer Training Academies on as-needed basis and
generally has sufficient space for additional participants; and
WHEREAS the Ak-Chin Indian Community does not have its own training academy and its
detention or corrections officer recruits are required to be formally trained in an acceptable
training program.
Maricopa County and Ak-Chin Indian Community enter into this IGA regarding Ak-Chin Indian
Community's participation in MCSO's Detention Officer Academy.
Term:
This 1GA shall be for a term of June 1, 2017 through June 30, 2020. This IGA is effective when
signed by the Parties. This IGA may be renewed by written agreement of the parties for one
additional three-year period subject to the Maricopa County Board of Supervisors approval prior
to the extension effective date.
Termination/Suspension/Cancellation:
A, Except as otherwise provided herein, each party shall have the right to terminate
this IGA without liability to the non-terminating party with 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.
B. In the event of early termination for any reason, any funds advanced to either
party shall be returned to the advancing party within ten (10) days after the date
of termination or upon receipt of notice of termination of the IGA, whichever is
earlier.
C. 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.
D. In the event of termination or suspension of the IGA by either party, such
termination or suspension shall not affect the obligation of both parties. Parties
to indemnify each other and the State for any claim by any third party against the
State or the terminating party arising from the other party's performance of this
IGA and for which the other party would otherwise be liable under this IGA. To
the extent such Indemnification is excluded by A.R.S. §41-621, et seq. or an
obligation is unauthorized under A.R.S. §35-154, the provisions of this paragraph
shall not apply,
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E. Non-Availability of Funds. If funds are not allocated and available for the
continuance of this IGA, this IGA may be terminated by either Party at the end of
the period for which funds are available. No liability shall accrue to Parties in the
event this provision is exercised. Neither Party shall be obligated, or liable for any
future payments of, for any damages as a result of termination under this
paragraph.
F. Notice is given that pursuant to 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 !GA. Additionally, pursuant to A.R.S §38-511 the Parties
may recoup any fee or commission paid or due to any person significantly
involved in initiating, negotiating, securing, drafting or creating the IGA on behalf
of the County from any other party to the IGA arising as the result of the IGA.
Pursuant to A.R.S. §38-511, parties, their political subdivisions or any
department or agency of either may, within three years after its execution, cancel
any IGA without penalty or further obligation, made by either party political
subdivisions or any department or agency of either if any person significantly
involved in initiating, negotiating, securing, drafting or creating the IGA on behalf
of either party, its political subdivisions or any department or agency of either 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 a consultant to any other
party to the IGA with respect to the matter of the IGA. A cancellation made
pursuant to this provision shall be effective when either party receives written
notice of the cancellation, unless the notice specifies a later time.
The MCSO:
1, Will provide training space as available for Ak-Chin Indian Community detention
recruit officers to attend scheduled Detention Officer Training Academies.
2. Reserves the right in its sole discretion to decide whether the Ak-Chin Indian
Community 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 Ak-Chin Indian Community 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 Ak-Chin Indian Community recruits in the same manner as MCSO
recruits for purposes of training, academics, ethics and discipline.
6. Will require Ak-Chin Indian Community to investigate its recruits should a
situation arise for an Internal Affairs investigation concerning the actions of one
of its recruits.
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7. Will bill Ak-Chin Indian Community 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 fvlaricopa County,
Ak-Chin Indian Community:
1, Agrees to pay $150 per registrant
2 Understands and agrees that the curriculum Will consist of the standard
MCSO training program for MCSO. Although some facilitation of cross-
training on materials may occur, the curriculum shall focus on the policies
and procedures of the MCSO.
3. Will provide worker's compensation insurance, salary, benefits,
and uniforms for its recruits.
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 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.
3. Parties acknowledge that under this IGA no employee or participant, instructor or
administrative assistant of the Ak-Chin Indian Community is to be considered a
County employee, and that no rights of County civil service, County retirement, or
County personnel rules shall accrue to such individual. Ak-Chin Indian
Community 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.
4. 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 1GA 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
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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 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.
5. 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).
6. The laws of the State of Arizona shall govern this IGA. 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,
a. Any dispute between the parties hereto regarding the interpretation,
performance, breach, or enforcement of this Agreement shall be submitted to
and resolved by arbitration in accordance with procedures mutually agreed to
by the parties hereto or, when the parties cannot agree, in accordance with
procedures prescribed by ARS Title 12, Chapter 21 regardless of amount
involved. No arbitration award shall include punitive, incidental, or
consequential damages.
b. COMMUNITY'S LIMITED WAIVER OF SOVEREIGN IMMUNITY.
Notwithstanding any other provision of this Agreement to the contrary, and
subject to the limitations set forth in this Paragraph, the Community expressly
waives its immunity from suit only as to binding arbitration proceedings as
described herein, and to actions to enforce such arbitration decisions brought
in a court of competent jurisdiction. This waiver is specifically limited to the
following actions and judicial remedies:
i. Damages: The enforcement of an award of money damages by
arbitration; provided the arbitrator(s) and/or the court shall have no
authority or jurisdiction to order execution against any assets or
revenues of the COMMUNITY except (1) the funds budgeted for this
Agreement, and (2) any proceeds of applicable insurance policies. In
no instance shall any enforcement of any kind whatsoever be
allowed against any assets of the Community other than the limited
assets of the Community specified in this Paragraph.
ii. Action to Compel Arbitration: An action to compel arbitration or
enforce arbitration awards or orders pursuant to this Paragraph,
7. Pursuant to A.R.S. § 35-214 and § 35-215, 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
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by either party at reasonable times. Upon request, a party shall produce a legible
copy of any or all such records.
8. In accordance with A.R.S. § 35-154, 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.
9. 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.
10. This IGA may be amended only by the mutual written consent of authorized
representatives for all Parties and require Board approval.
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.
11, 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.
12. Any notice to be given under this IGA shall be sent to the Parties listed below.
If to MCSO: If to Ak-Chin Indian
Community
Chief, Administration Sgt. Lorenzo M. Holcomb
Maricopa County Sheriffs Office Ak-Chin Detention Facility
550 W Jackson 5th Floor 45625 W Fame!! Rd.
Phoenix, AZ 85003 Maricopa, Arizona 85139
13. 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.
(Remainder of page intentionally left blank, 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,
Ak-Chin Indian Community, Marlcopa County, a political subdivision
a political subdivision of the State of Arizona of the State of Arizona
Robert Miguel Date Denny Barney, Date
Chairman, Ak-Chin Community Council Chairman, Board of Supervisors
ATTEST:
Council Secretary Fran McCarroll, Date
Clerk of the Board
roved as to form: Approved as to form:
orney Date Deputy County Attorney Date
Ak-Chin Police Department Maricopa County Sheriffs Office
/1.# _LIZZer7
Manuel W. Garcia Date Paul Penzone, Date
Chief of Police Sheriff
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