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KR16"0042 •
INTERGOVERNMENTAL AGREEMENT BaTWEEN I:J
MARICOPA COUNTY and ARIZONA DEPARTMENT~F CORRECTIONS l
REGARDING MARICOPA COUNTY SHERIFF'S OFFICE
BASIC TRAINING ACADEMY
C-50-16-__ -M-OO
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 ARIZONA DEPARTMENT OF CORRECTIONS "ADC";
collectively referred to as the Parties. The Parties enter into this IGA for Sworn Basic Training of
peace 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 sufficient space for additional participants.
Whereas ADC does not have its own training academy and its peace officer recruits are required
to be trained according to the AZPOST.
Therefore, Maricopa County and ADC enter into the following Agreement commencing April 1,
2016, through June 30, 2020. This Agreement is effective when signed by a" of the Parties. This
Agreement may be renewed for one additional (5) five-year term upon written agreement of the
Parties.
This IGA supersedes any previous or existing MOUs, Agreements or understanding between any
of the Parties regarding Maricopa County Sheriff's Sworn Basic Training Academy.
The MCSO:
1. Wi" provide training space, when available, for ADC recruit officers to
attend scheduled Basic Training Academies.
2. Reserves the right in its sole discretion to decide whether the ADC
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 a" police
academy participants.
4. Wi" provide ADC original individual training records for each ADC recruit
upon completion of the MCSO Academy or termination of the recruit's
attendance at the MCSO Academy. MCSO wi" 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. Wi" treat ADC recruits in the same manner as MCSO recruits for purposes of
training, academics, ethics and discipline.
6. Wi" require ADC to investigate ADC recruits should a situation arise for an
Internal Affairs Investigation concerning the actions of an ADC recruit.
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·.
7. Will bill ADC a non-refundable registration in the amount of $500, payable
to Maricopa County, per ADC registrant after the first full day of the
academy.
8. Notice is given that pursuant to A.R.S. § 38-511 the Parties may cancel
any Agreement 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 Party
is at any time while the Agreement or any extension of the Agreement is in
effect, an employee or agent of any other party to the Agreement in any capacity
or consultant to any other party of the Agreement with respect to the subject
matter of the Agreement. Additionally, pursuant to A.R.S §38-511 the Party
may recoup any fee or commission paid or due to any person significantly
involved in initiating, negotiating, securing, drafting or creating the Agreement on
behalf of Party from any other party to the contract arising as the result of the
Agreement.
The ADC:
1. Agrees to provide instructors or administrative assistance to the MCSO
Academy, upon request by the MCSO.
2. Understands and agrees that the curriculum will consist of the standard
MCSO training program for MCSO. Although some facilitation of cross-training
on ADC materials may occur, the curriculum shall focus on the policies and
procedures of the MCSO.
3. Will provide statutory worker's compensation insurance, salary, benefits,
weapons, ammunition and uniforms for ADC 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. 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.
3. 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.
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4. 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 rights and obligations of the
parties shall be only those expressly set forth in this Agreement.
5. 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. 1-9forms 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.
6. 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 referenced herein. The Parties agree
that there will be no discrimination as to race, sex, religion, color, age, creed, or
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).
7. 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. The parties to this Agreement agree to resolve all
disputes arising out of 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.
8. This IGA may be amended only by the mutual written consent of authorized
representatives for all Parties and requires Board approval.
9. 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.
10. This IGA is effective when signed by the Parties.
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11. This IGA may be renewed by written agreement of the parties for one additional
five-year period.
12. Any notice to be given under this IGA shall be sent to the Parties listed below.
If to MCSO: If to ADC:
Elizabeth G. Csaki, CPPB
Chief of Administration Chief Procurement Officer
Maricopa County Sheriff's Office Procurement Services
550 W Jackson Arizona Department of Corrections
s" Floor 1645 W. Jefferson, MC 55302
Phoenix, AZ 85003 Phoenix, AZ 85007
(Remainder of Page Intentionally Left Blank)
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Basic Training Academy Intergovernmental Agreement
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the date of
the last signature set forth below.
ARIZONA DEPARTMENT OF MARICOPA County, a political
CORRECTIONS, a political subdivision subdivision of the State of Arizona
of the State of Arizona
BY: 2e{:~ lliJ2c 3/2-Lf-/1(, BY:
Michael P. Kearns Date ~C7.li~nt~H7.i~ck-m-a-n----------~D~a~t-e-
_J:f Division Director, Chairman, Board of Supervisors
\ Administrative Services
Approved as to form: ATTEST:
(see attached)
Staff Attorney Date Fran McCarroll Date
Clerk of the Board
Maricopa County Sheriff's Office
Joe Arpaio Date
Sheriff
Approved as to form:
Deputy County Attorney Date
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RECEIVED
DOC PURCHASING
2018 MAR24 AM 9: O~
c . ..
OFFICE OF THE ARIZONA ATTORNEY GENERAL
MARK BRNOVICH
ATIORNEY GENERAL STATE GOVERNMENT DIVISION
AGENCY COUNSEL SECTION
INTERGOVERNMENTAL AGREEMENT DETERMINATION
Attorney General Contract No. ~ t<(G - 00 <f:-b< which is an Agreement
between public agencies,has been reviewed pursuant to A.R.S. § 11-952by the undersigned
Assistant Attorney General,who has determined that it is in the proper form and is within the
powers granted under the laws of the State of Arizona to those Parties to the Agreement
represented by the Attorney General.
Dated this ;; 3rei day of ;11aJ-cA ,20£
MARK BRNOVICH
ATTORNEY GENERAL
Assistant Attorney General
c: h4r-f-eJ A, G~ t~
Se,z~y A.J'~7 CQv~.Jc/
4564921
r -, "
RECEIVED
DOC PURCHA SING
2016MAR 24 AM 9: 04