SALT RIVER PIMA-MARICOPA IGA.PDF

INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY and SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY
REGARDING MARICOPA COUNTY SHERIFF’S OFFICE
BASIC TRAINING ACADEMY
C-50-16-007-M-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 SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY, a
sovereign tribe, on behalf of the SALT RIVER 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 Salt River Pima-Maricopa Indian Community 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 Salt River Pima-Maricopa
Indian Community on behalf of the Salt River Police enter into the following Agreement
commencing June 29, 2015, through June 30, 2018.
The MCSO:
1. Will provide training space when available, for Salt River Police recruit officers
to attend scheduled Basic Training Academies.
2. Reserves the right in its sole discretion to decide whether the Salt River
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 Salt River Police original individual training records for each
Salt River 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 Salt River Police recruits in the same manner as MCSO recruits
for purposes of training, academics, ethics and discipline.
6. Will require Salt River Police to investigate Salt River Police recruits
should a situation arise for an Internal Affairs Investigation concerning the actions
of a Salt River Police recruit.
7. Will bill Salt River Police Department a non-refundable registration in the amount
of $500, payable to Maricopa County, per Salt River Police registrant after the
first full day of the academy.
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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.
The Salt River Police:
1. Agrees to provide instructors or administrative assistance to the MCSO
Academy, upon request by the MCSO.
2. Agrees to pay $500 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 Salt River Police materials may occur, the curriculum shall focus on the
policies and procedures of the MCSO.
4. Will provide statutory worker’s compensation insurance, salary, benefits,
weapons, ammunition and uniforms for Salt River Police 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 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
parties 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 (I-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. I-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
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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
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. This IGA is effective when signed by the Parties.
9. This IGA may be renewed by written agreement of the parties for one additional
three-year period.
10. Any notice to be given under this IGA shall be sent to the Parties listed below.
If to MCSO: If to Salt River Police:
Paul Chagolla Patrick R. Melvin
Chief, Support Services Bureau 1 Chief
Maricopa County Sheriff’s Office Salt River Police Department
550 W Jackson 10005 E Osborn Road
5th Floor Scottsdale, AZ 85256
Phoenix, AZ 85003
(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.
Salt River Pima-Maricopa Indian Community MARICOPA County, a political subdivision
A Sovereign Nation of the State of Arizona
BY: _______________________________ BY: ______________________________
Delbert Ray Date Steve Chucri Date
President Chairman, Board of Supervisors
ATTEST: ATTEST:
________________________________ _________________________________
_____________________ Date Fran McCarroll Date
(Name) Clerk of the Board
Salt River Police Department Maricopa County Sheriff’s Office
________________________________ _________________________________
Patrick R. Melvin Date Joe Arpaio Date
Chief Sheriff
Approved as to form: Approved as to form:
_________________________________ __________________________________
Attorney Date Deputy County Attorney Date
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