IGA WITH SCOTTSDALE FOR MCSO DETENTION ACADEMY SIGNED BY AGENCY.PDF

Scottsdale No. 2017-009-COS
INTERGOVERNMENTAL AGREEMENT BETWEEN
CITY OF SCOTTSDALE
AND MARICOPA COUNTY
BY AND THROUGH THE
MARICOPA COUNTY SHERIFF'S OFFICE
C-50-17- -3-00
This INTERGOVERNMENTAL AGREEMENT ("Agreement" or "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 SCOTTSDALE; 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.
Whereas City of Scottsdale 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 City of Scottsdale enter into this IGA regarding City of Scottsdale's participation in
MCSO's Detention Officer Academy.
Term:
This IGA shall be for a term of December 1, 2016 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 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.
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.
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.
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F. Notice is given that pursuant to A.R.S. § 38-511, the Parties may cancel any 1GA 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. 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 1GA on behalf of the County from any other party to
the 1GA 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 1GA 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 !GA. 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 City of Scottsdale detention recruit officers to attend
scheduled Detention Officer Training Academies.
2. Reserves the right in its sole discretion to decide whether the City of Scottsdale 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 Scottsdale 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 Scottsdale recruits in the same manner as MCSO recruits for purposes of
training, academics, ethics and discipline.
6. Will require City of Scottsdale 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 Scottsdale 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 Scottsdale:
1. Agrees to provide instructors or administrative assistance to the MCSO Academy upon request
by the MCSO, Such assistance is to be provided in consultation with and concurrence of both
parties.
2. Agrees to pay $150 per registrant.
3. 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.
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Scottsdale No. 2017-009-COS
4. 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 City of Scottsdale 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. City of Scottsdale 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 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).
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6. 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.
7. By signing this Agreement, the Licensor certifies that they are in compliance with Israeli clause
Article 9, Arizona Revised Statutes Section 35-393 et seq.
8. 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 by either party at reasonable times. Upon request, a party shall
produce a legible copy of any or all such records.
9. By signing this Agreement, the parties certify that they are in compliance with Arizona Revised
Statutes Title 35, Chapter 2, Article 9 (A.R.S. Sections 35-393 et seq.).
10. 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.
11. 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.
12. 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.
13. 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.
14. Any notice to be given under this IGA shall be sent to the Parties listed below.
If to MCSO: If to City of Scottsdale
Chief, Administration Chief of Police
Maricopa County Sheriff's Office Alan G. Rodbell
550 W Jackson Scottsdale Police Department
5th Floor 8401 E. Indian School Road
Phoenix, Arizona 85003 Scottsdale, AZ 85251
15. 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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Scottsdale No. 2017-009-COS
DETENTION OFFICER TRAINING ACADEMY 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 Scottsdale, a political subdivision Maricopa County , a political subdivision
of the State of Arizona of the State of Arizona
Ii
111/ Date Clint Hickman, Chairman Date
W.J.V,JimP L ne
(Print Name), Mayor
ATTEST: ATTEST:
ig-Li /1
City Clerk Date Fran McCarroll Date
Carolyn Jaggbr Clerk of the Board
City of Siclottsdale Police Department Maricopa County Sheriffs Office
/2./7 /Z
iodbell, Chief of Police Date Sheriff Date
Chief of Police
In accordance with A.R.S. §11-952, this Agreement has been reviewed by the undersigned who
determined thattnis Agreement is in appropriate form and is within the powers and authority of the
respectiye parti
1271 6/1.G
ity Attorney Date Deputy County Attorney Date
Luis Santaella
Senior Assistant City Attorney
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