GILA COUNTY SIGNED AGREEMENT.PDF

INTERGOVERNMENTAL AGREEMENT BETWEEN
GILA COUNTY
AND MARICOPA COUNTY
BY AND THROUGH THE
MARICOPA COUNTY SHERIFF'S OFFICE
FOR DETENTION OFFICER TRAINING ACADEMY
C-50-17-00 -3-00
This INTERGOVERNMENTAL AGREEMENT (1GA) is entered into by and between MAR1COPA
COUNTY, a political subdivision of the State of Arizona by and through the MARICOPA COUNTY
SHERIFF'S OFFICE "MCSO" and GILA COUNTY; 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 Gila County 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 Gila County enter into this 1GA regarding Gila County's participation in
MCSO's Detention Officer Academy.
Term:
This 1GA shall be for a term of July 1, 2016 through June 30, 2019. This 1GA is effective when
sighed by the Parties. This !GA 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 1GA 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.
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 1GA upon twenty-four (24) hour notice
when it is deemed the health or welfare of the service recipients is endangered.
D. 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 a exercised. Neither Party shall be obligated, or liable for any
future payments ot, for any damages as a result of termination under this
paragraph.
E. Notice is given that ,eursuant to A.R.S. § 38-511, the Parties may cancel any IGA
without penalty or further obligation within three years after execution of the 1GA,
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if any person significantly involved in initiating, negotiating, securing, drafting or
creating the 1GA on behalf of the County is at any time while the IGA or any
extension of the 1GA 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 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 !GA on behalf
of either party, its political subdivisions or any department or agency of either is,
at any time while the 1GA 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 1GA. 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 Gila County detention
recruit officers to attend scheduled Detention Officer Training Academies.
2. Reserves the right in its sole discretion to decide whether the Gila County
recruits maintai, 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.
Will provide Gila County 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 Gila County recruits in the same manner as MCSO
recruits for purposes of training, academics, ethics and discipline.
6. Will require Gila County to investigate its recruits should a
situation arise for an Internal Affairs Investigation concerning the actions of one
of its recruits.
7 Will bill Gila County non-refundable registration in the amount of
$150, per regisi.rant for materials after the first full day of the academy which will
be payable to Maricopa County.
Gila County:
1. Agrees to provide instructors or administrative assistance to the MCSO Academy
upon request :-.1y the MCSO. Such assistance is to be provided in consultation
with and concurrence of both parties.
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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.
4. Will provide worker's compensation insurance, salary, benefits, and uniforms for
its recruits.
The Parties agree:
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.
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 Gila County is to be considered a Maricopa County
employee, and that no rights of Maricopa County civil service, Maricopa County
retirement, or Maricopa County personnel rules shall accrue to such individual.
Gila County 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 Maricopa 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 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 easonabie 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,
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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. 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. 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.
8. Each party is responsible to finance and maintain a budget for its respective
obligations under this agreement.
9. 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.
10. 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.
11. 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.
12. 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.

13. Any notice to be given under this IGA shall be sent to the Parties listed below.
If to MCSO: If to Gila County
Chief, Administration Detention Commander
Maricopa County Sheriffs Office Gila County Sheriffs Office
550 W Jackson 1100 South Street
5th Floor P.O. Box 311
Phoenix, AZ 85003 Globe, AZ 85002
14. 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.
Gila County, a political subdivision MARICOPA County, a political subdivision
of the State of Arizona of the State of Arizona
BY: (') BY:
Michael A. Pastor Date Clint Hickman, Date
Chairman, Board of Supervisors Chairman, Board of Supervisors
ATTEST: ATTEST:
Mar-WI, E. Sheppard Date Fran McCarroll, Date
Clerk of the Board Clerk of the Board
Gila County Sheriffs Office Maricopa County Sheriffs Office
J. Adam epherd Date Joe Arpaio, Date
Sheriff Sheriff
Approved as to form: Approved as to form:
7 (5(1
yieffethon R. Dalton Date Deputy County Attorney Date
?eputy Gila County Attorney
iviI Bureau Chief
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