MCSO Academy Agreement

City of El Mirage — Regular Meeting (2020-08-18)

Extracted text (via pymupdf) 12892 characters

INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY and CITY OF EL MIRAGE
REGARDING MARICOPA COUNTY SHERIFF’S OFFICE
BASIC TRAINING ACADEMY
C-50-21-____-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 CITY OF EL MIRAGE 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 City of El Mirage Police Department, “El Mirage PD,” participation in
MCSO’s Sworn Basic Training Academy.

Whereas MCSO offers Sworn Officer Basic Training Academies on an as-needed basis and
generally has space for additional participants and whereas El Mirage PD does not have its own
training academy and its sworn employee recruits are required to be trained according to the State
of Arizona Peace Officer Standard Training (AZPOST).

Therefore, Maricopa County on behalf of the MCSO and the City of El Mirage on behalf of El Mirage
PD enter into the following Agreement effective July 1, 2020 through June 30, 2022, the Initial
Term, upon Maricopa County Board of Supervisor approval.

The MCSO:

1.
Will provide training space as available for El Mirage PD recruit officers to attend
scheduled Sworn Basic Training Academies.

2.
Reserves the right in its sole discretion to decide whether the El Mirage PD 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.
Will provide El Mirage PD original individual training records for each El Mirage PD
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 El Mirage PD recruits in the same manner as MCSO recruits for purposes
of training, academics, ethics and discipline.

6.
Will require El Mirage PD to investigate El Mirage PD recruits should a situation
arise for an Internal Affairs Investigation concerning the actions of an El Mirage PD
recruit.

7.
Will bill El Mirage PD a non-refundable registration in the amount of $750, payable
to Maricopa County, per El Mirage PD recruit.

8.
The MCSO will 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.

The El Mirage PD

1.
Understands and agrees that the curriculum will consist of the standard

MCSO training program for MCSO, including MCSO’s policies and procedures.

2.
Will provide worker’s compensation insurance, salary, benefits,

weapons, ammunition and uniforms for El Mirage PD recruits.

3.
Will ensure its employee participants have received infectious disease testing and
required immunizations and have undergone health related pre-requisites
applicable 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.

4.
Agrees to pay MCSO within 30 days of receipt of invoice.

5.
Accepts that there is no guarantee that any minimum number of candidates from
the El Mirage 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.

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 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.

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.
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.

6.
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.

7.
This IGA may be amended only by the mutual written consent of authorized

representatives for all Parties and requires Board approval.

8.
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.

9.
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.

10.
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.

11.
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.

12.
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.

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.

16.
Any notice to be given under this IGA shall be sent to the Parties listed below.

If to MCSO: If to El Mirage PD:

Chief of Administration

Assistant Chief Doug Hildebrandt

Maricopa County Sheriff’s Office
El Mirage Police Dept
550 W Jackson, 5th Floor

12401 W. Cinnabar Avenue
Phoenix, AZ 85003

El Mirage, AZ 85335

[This space left blank intentionally]

IGA Regarding MCSO Basic Training Academy

IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the date of
the last signature set forth below.

City of El Mirage, an Arizona Municipality
MARICOPA County, a political subdivision

of the State of Arizona

BY:

_______________________________
______________________________
Alexis Hermosillo Date
Clint Hickman

Date
Mayor

Chairman

ATTEST:

______________________________

_______________________________
Date

Fran McCarroll

Date
City Clerk

Clerk of the Board

City of El Mirage Police

Maricopa County Sheriff

BY:

______________________________
_________________________________
Paul Marzocca
Date

Paul Penzone Date
Chief of Police

Sheriff

Approved as to form:

________________________________
________________________________

City Attorney
Date

Deputy County Attorney Date