IGA AK CHIN IC & MC-SWORN & DETENTION BASIC TRAINING ACADEMY - SIGNED.PDF

INTERGOVERNMENTAL AGREEMENT BETWEEN
AK-CHIN INDIAN COMMUNITY
AND MARICOPA COUNTY
REGARDING SWORN AND DETENTION
BASIC TRAINING ACADEMY
C-50-26- -x-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 (“Community”); collectively
referred to as the Parties.

RECITALS

Whereas MCSO conducts Sworn (Arizona Peace Officers Standard Training) and Detention Officer
Training Academies on an as-needed basis and regularly has sufficient space for additional
participants, and whereas the Ak-Chin Indian Community law enforcement and detention recruits
are required to be formally trained in an acceptable training program, the Parties enter into this
IGA.

AGREEMENT

This IGA shall have a term beginning June 1, 2025 through May 31, 2027, the Initial Term, upon
the Parties’ approval.

MCSO will:

1. Provide training space as available for AK-CHIN recruit officers to attend
scheduled Sworn Basic Training Academies or Detention Academies.

2. Reserve the right in its sole discretion to decide whether the AK-CHIN recruits
maintain the academic standings necessary to continue in the Academy class.

3. Retain the right, in its sole discretion, to dismiss any recruit for training, academic,
ethical or disciplinary standards applicable to all sworn officer training academy
participants or detention academy participants.

4. Provide AK-CHIN original individual training records for each AK-CHIN recruit
upon completion of the MCSO Academy or termination of the recruit's attendance
at the MCSO Academy; and 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. Treat AK-CHIN recruits in the same manner as MCSO recruits for purposes of
training, academics, ethics and discipline.

6. Require AK-CHIN to investigate AK-CHIN recruits should a situation arise for an

Internal Affairs Investigation concerning the actions of an AK-CHIN recruit.

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Bill/Invoice AK-CHIN Department a non-refundable registration fee per Participant
as follows:

Sworn Academy: $750
Detention Academy: $250

Amounts are payable to Maricopa County, per AK-CHIN registrant after the first
full day of the academy.

Review its costs annually and as needed process amendments to this Agreement
for future increases not later than April of each fiscal year, to be effective with the
new fiscal year.

Ak-Chin Indian Community will:

1.

Accept that there is no guarantee that any minimum number of candidates from
the AK-CHIN PD will be accepted to attend the academy, because enrollment is
based MCSO's determination of appropriate space/resource availability and
because MCSO candidates have enrollment priority.

Understand and agree that the curriculum will consist of the standard
MCSO training program for MCSO, including MCSO’s policies and procedures.

Agree to pay amounts per registrant cited in 7., above to MCSO within 30 days of
receipt of invoice and make amounts payable to Maricopa County, referencing
“MCSO Training Academy” in the transaction detail/memo line.

Provide worker's compensation insurance, salary, benefits, for AK-CHIN recruits.

Provide applicable items including weapons, ammunition and uniforms for AK-
CHIN recruits depending on the requirements for the designated academy, sworn
basic training or detention basic training.

Pay for all employer related costs for its employees as acknowledged in Section
3. below.

Review its costs annually and as needed process amendments to this Agreement
for future increases not later than April of each fiscal year, to be effective with the
new fiscal year.

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 Agreement is not intended to constitute, create, give rise to, or otherwise
recognize a joint venture agreement, partnership or other formal business

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association or organization of any kind, and the right and obligations of the Parties
shall be only those expressly set forth in this Agreement.

Parties acknowledge that under this IGA no employee or participant of the Ak-Chin
PD is to be considered a County employee, and that no rights of County merit,
County retirement, or County personnel rules shall accrue to such individual. Ak-
Chin PD 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
MCSO harmless with respect thereto. ©

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. |-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 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 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.

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).

In accordance with A.R.S. § 35-214, all books, accounts, reports, files, electronic
data, and other records relating to this Agreement shall be retained and subject
at all reasonable times to inspection and audit by the State of Arizona for six (6)
years after completion of this Agreement. Upon request, each Party shall
produce original of any and all such records.

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.

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10.

11.

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.

This IGA may be amended only by the mutual written consent of authorized
representatives for all Parties and require Board and Community approval.

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. The Parties agree that any such
termination shall not become effective with respect to the current recruits then
enrolled in a training rotation until the recruits’ training is completed, provided that
MCSO continues to have sufficient staffing and other resources to continue the
training until that date.

Notice is given that pursuant to A.R.S. § 38-511 the Parties 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 Parties 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 Parties 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 Parties from any other Party to the contract arising as
the result of the contract.

This IGA is effective when signed by the Parties. This Agreement may be executed
in two or more counterparts, each of which shall be deemed an original but all of

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12.

13.

14,

15.

17.

which together shall constitute the same instrument. Faxed, copied, electronic and
scanned signatures are acceptable as original signatures.

This document is the complete and exclusive statement of understanding between
the Parties, and it supersedes all proposals, oral or written, and other documents
or communications between the Parties relative to the subject matter herein
Covered, unless such documents or communications are specifically included by
reference.

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.

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.

This Agreement will automatically renew for up to two, one-year terms following
the Initial Term, unless either Party provides notice to terminate, per Section 9.,
above.

Any notice to be given under this IGA shall be sent to the Parties listed below.

Mcso: Ak-Chin Indian Community
Chief, Administration Manuel W Garcia, Chief of Police
Maricopa County Sheriff's Office Ak-Chin Indian Community PD
550 W Jackson 5" Floor 45525 W Farrell Rd.

Phoenix, AZ 850003 Maricopa, Arizona 85139

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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 Maricopa County, a political subdivision
a political subdivision of the State of Arizona of the State of Arizona

y bees Thomas Galvin Date
‘ouncil Chairman, Board of Supervisors
ATTEST: ATTEST:
1a a
vw * Council Secretary ate Juanita Garza Date
Clerk of the Board

Approved as to form: Approved as to form:

Attorney Date Deputy County Attorney Date

Ak-Chin Police Department Maricopa County Sheriff's Office

—_—
VA 7-2-2028
Manuel W. Garcia Date Jerry Sheridan Date
Chief of Police Sheriff

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