IGA MARICOPA COUNTY SHERIFFS OFFICE SWORN BASIC TRAINING ACADEMY SIGNED.PDF

INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY and CITY OF PEORIA
REGARDING MARICOPA COUNTY SHERIFF’S OFFICE
BASIC TRAINING ACCADEMY
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
CITY OF PEORIA 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
participation in MCSO’s Sworn Basic Training Academy.

RECITALS

MCSO offers Sworn Officer Basic Training Academy on an as-needed basis and generally has space
for additional participants whereas City of Peoria has sworn employee recruits that are required to
be trained according to the State of Arizona Peace Officer Standard Training (“AZPOST”).

AGREEMENT

This agreement is effective October 1, 2024, through September 30, 2026, the Initial Term, upon
Maricopa County Board of Supervisor approval.

MCSO Will:

1. Provide training space as available for Peoria PD recruit officers to attend scheduled Sworn
Basic Training Academies.

2. Reserves the right in its sole discretion to decide whether the Peoria 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 Peoria PD original individual training records for each Peoria PD recruit upon
completion of the MCSO Academy or termination of the recruits’ attendance at the MCSO
Academy. MCSO will maintain records of the lesson plans, class rosters, and other
documentation common to the class as a whole consistent with the requirements of State
law.

5. Willtreat Peoria PD recruits in the same manner as MCSO recruits for purposes of training,
academics, ethics and discipline. :

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

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

8. Review its costs and charges as needed and process amendments to this Agreement for
future increases, not later than April or each fiscal year.

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Peoria PD:

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, automobile liability, salary, benefits, weapons,
ammunition, devices and uniforms for Peoria PD recruits and employees participating in
the MCSO Sworn Training Academy.

3. Pay MCSO within 30 days of receipt of invoice.

4. Accept that there is no guarantee that any minimum number of candidates from the Peoria
PD will be accepted to attend the academy, because enrollment is based on 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. Nothing in this Agreement shall be construed as a waiver of either Party’s sovereign
immunity, and is not intended to impair, limit, or affect the status of any Party or its
sovereignty.

3. 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. .

4. Parties acknowledge that under this Agreement no employee or participant of the Peoria 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. Peoria 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. Peoria PD shall
also be responsible for automobile liability for its recruits and employees related to
participation in Sworn Training Academy activities.

5.

10.

Each Party to this Agreement warrants compliance with the Immigration and Nationality Act
and all other federal immigration laws and regulations related to the immigration status of
its employees and as applicable with 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
as applicable, very 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
shalt 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 consider 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 whether or
not specifically referenced herein. As applicable to a party, the party agrees 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. As applicable to a party, the party will comply with the Executive Order
No. 11246, entitled “Equal Employment Opportunity” and as amended by Executive Order
No. 11375, as supplemented by the4 Department of Labor Regulations (41 CFR, Part 60).

In accordance with A.R.S. 835-214, 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 five (5) years after completion of this Agreement.
Upon request, Party shall produce original of any and all such records.

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. 812-1518 relating to the use of
arbitration.

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

This Agreement 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. If a Party decides to terminate this IGA, the Parties shall consult prior
to the date of termination to ensure termination shall not become effective with respect to

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the current recruits then enrolled in a training rotation until the recruits’ training is
completed, providing 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. 838-3511 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 of 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 either Party to the
contract arising as the result of the Contract.

This Agreement 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.

This document is the complete an exclusive document 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.

Any provisions 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.

Waiver of any breach of any item, 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 10 above.

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

If to MCSO:

Maricopa County Sheriff’s Office

Chief of Administration
550 W. Jackson, 5" Floor
Phoenix, AZ 85003

If to Peoria PD:

Peoria Police Department
Ms. Heather Morrell

8351 W. Cinnabar Avenue
Peoria, AZ 85345

IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the date of the last

signatu

re set forth below.

City of Peoria, an Arizona Municipality

Agnes Goodwine

City Clerk

City of Peoria Police

Thomas Intrieri Date
Chief of Police

Approved as to form:

Oly. Quam.

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City Attorrby Date

MARICOPA County, a political subdivision of
the State of Arizona

BY:

Thomas Galvin Date
Chairman

ATTEST:

Juanita Garza Date

Clerk of the Board
Maricopa County Sheriff

BY:

Jerry Sheridan Date
Sheriff

Approved as to form:

Deputy County Attorney Date

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