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INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY
and
TOWN OF QUEEN CREEK
REGARDING MARICOPA COUNTY SHERIFF’S OFFICE
BASIC TRAINING ACADEMY
C-50-25-____-X-00
This INTERGOVERNMENTAL AGREEMENT (IGA) is entered into by and between MARICOPA COUNTY,
a political subdivision of the State of Arizona on behalf of the SHERIFF’S OFFICE, “MCSO,” and the TOWN
OF QUEEN CREEK ”QUEEN CREEK”; collectively referred to as the Parties. Under A.R.S. § 11-952, which
authorizes public agencies to enter into Intergovernmental Agreements, the Parties enter into this IGA
regarding QUEEN CREEK’s sworn peace officer recruit participation in MCSO’s Sworn Basic Training
Academy.
RECITALS
MCSO offers Sworn Officer Basic Training Academies on an as-needed basis and generally has space for
additional participants; and whereas QUEEN CREEK has sworn employee recruits are required to be
trained according to the State of Arizona Peace Officer Standard Training (AZPOST);
Parties agree to the following terms and conditions.
AGREEMENT
This agreement effective April 1, 2025 through March 31, 2027, the Initial Term, upon Maricopa County
Board of Supervisor approval.
MCSO will:
1.
Provide training space as available for QUEEN CREEK peace officer recruits to attend
scheduled Sworn Basic Training Academies.
2.
Reserves the right in its sole discretion to decide whether the QUEEN CREEK 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 sworn officer training academy participants.
4.
Provide QUEEN CREEK original individual training records for each QUEEN CREEK
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.
Treat QUEEN CREEK recruits in the same manner as MCSO recruits for purposes of
training, academics, ethics and discipline.
6.
Require QUEEN CREEK to investigate QUEEN CREEK recruits should a situation arise
for an Internal Affairs Investigation concerning the actions of a QUEEN CREEK recruit.
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7.
Bill QUEEN CREEK a non-refundable registration in the amount of $750, payable to
Maricopa County, per QUEEN CREEK recruit.
8.
Review its costs annually and, if necessary, process amendments to this Agreement for
future increases, not later than April of each fiscal year, to be effective with the new fiscal
year.
QUEEN CREEK will:
1.
Understand and agree that the curriculum will consist of the standard MCSO training
program for MCSO, including MCSO’s policies and procedures.
2.
Provide worker’s compensation insurance, salary, benefits, weapons, ammunition and
uniforms for ADC recruits.
3.
Ensure its employee participants have received infectious disease testing and required
immunizations and have undergone health related pre-requisites applicable to MCSO
academy attendees prior to the first day of training. Proof of the preceding will be necessary
for the participant’s records prior to the academy start.
Follow CDC and Maricopa County guidelines concerning COVID-19.
4.
Pay MCSO within 30 days of receipt of invoice.
5.
Accept that there is no guarantee that any minimum number of candidates from the
QUEEN CREEK will be accepted to attend the academy. MCSO candidates have
enrollment priority and enrollment is based on MCSO’s determination of appropriate
space/resource availability.
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 bodily injury of any person (including death) or property damage,, 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.
Parties acknowledge that under this IGA no employee or participant of QUEEN CREEK 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. QUEEN CREEK 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. Paradise Valley
shall also be responsible for automobile liability for its recruits and employees related to
participation in Sworn Training Academy activities.
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4.
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. §§ 41-4401 and 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 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 or equity. 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 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).
6.
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, Party shall produce original of any and all such records.
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 laws of the State of Arizona shall govern the construction and interpretation of this
IGA. This Agreement is subject to the provisions of A.R.S. § 12-1518 relating to the use of
arbitration.
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. 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.
10.
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
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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.
11.
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 which together
shall constitute the same instrument. Faxed, copied, electronic and scanned signatures
are acceptable as original signatures.
12.
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.
13.
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.
14.
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.
15.
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 8., above.
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[SIGNATURES ON FOLLOWING PAGE]
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IGA for MCSO Sworn Training Academy
Any notice to be given under this IGA shall be sent to the Parties listed below.
If to MCSO: If to QUEEN CREEK:
Chief of Administration
Kerry Wells
Maricopa County Sheriff’s Office
Chief Procurement Officer
550 W Jackson, 5th Floor
Procurement Services
Phoenix, AZ 85003
701 E. 1645 W. Jefferson Street, MC 55302
Phoenix, AZ 85034
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the date of the last
signature set forth below.
Town of Queen Creek
Maricopa County, a political subdivision
of the State of Arizona
_____________________________________
______________________________________
Julia Wheatley Date
Thomas Galvin Date
Town Mayor
Chairman
ATTEST:
______________________________________
______________________________________
Bruce Gardner
Date Juanita Garza Date
Town Manager
Clerk of the Board
ATTEST:
Maricopa County Sheriff’s Office
______________________________________
______________________________________
Maria Gonzalez
Date Jerry Sheridan
Date
Town Clerk
Sheriff
Intergovernmental Agreement Determination
In accordance with A.R.S. § 11-952, this Agreement has been reviewed by the undersigned who have
determined the Agreement is in appropriate form and is within the powers and authority of the respective
parties.
Town of Queen Creek Attorney
Maricopa County Attorney
_______________________________
_________________________________
Town Attorney
Date
Deputy County Attorney
Date
3/20/2025
03/20/2025
Bruce Gardner (Mar 20, 2025 15:11 PDT)
03/20/2025
03/20/2025