MCSO MOU WDPS JOINT GRAPPLER TRAINING.PDF
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MEMORANDUM OF UNDERSTANDING FOR COOPERATIVE LAW
ENFORCEMENT TRAINING OPERATIONS BETWEEN THE STATE OF
ARIZONA-DEPARTMENT OF PUBLIC SAFETY AND MARICOPA COUNTY ON
BEHALF OF THE MARICOPA COUNTY SHERIFF’S OFFICE
# __________________
C-50-23-__-X-00
DO NOT REMOVE
THIS IS PART OF THE OFFICIAL DOCUMENT.
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MEMORANDUM OF UNDERSTANDING FOR COOPERATIVE LAW
ENFORCEMENT TRAINING OPERATIONS BETWEEN THE STATE OF
ARIZONA-DEPARTMENT OF PUBLIC SAFETY AND MARICOPA COUNTY
ON BEHALF OF MARICOPA COUNTY SHERIFF’S OFFICE
THIS AGREEMENT ("Agreement") is entered into as of the ________________
(“Effective Date”) between the STATE OF ARIZONA AND THE ARIZONA
DEPARTMENT OF PUBLIC SAFETY (“State”), and MARICOPA COUNTY
(“County”) a political subdivision of the state of Arizona ON BEHALF OF MARICOPA
COUNTY SHERIFF’S OFFICE “MCSO”), collectively known herein as the “Parties”
and each individually as “Party.”
RECITALS
The Parties are authorized pursuant to A.R.S. § 11-951, et. seq., and the
respective provisions of their applicable Town/City/County charters, if any, and related
code and ordinances to enter into agreements to carry out public agency services.
Additionally, the Parties all perform the function of law enforcement within their respective
jurisdictions. Moreover, the Parties have a need for cooperative law enforcement training
operations between their respective jurisdictions. Therefore, in consideration of the mutual
promises and obligations set forth herein, and for good and valuable consideration the
receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows.
AGREEMENT
I.
PURPOSE OF THE AGREEMENT:
The Parties desire to enter into this Agreement for the purpose of conducting joint
law enforcement training concerning the use of specialty law enforcement equipment
referred to as “Grappler” conducted on State or County property and attended by
designated sworn MCSO law enforcement personnel. This is a non-financial agreement.
II.
Duration, Renewal and Termination:
This Agreement shall become effective on the date it is adopted by the Parties and
shall terminate June 30, 2024.
This Agreement may be terminated by either Party, with or without cause, upon
thirty (30) days written notice to the other Party.
III.
Availability of Training:
Nothing in this Agreement requires DPS to provide Grappler training or MCSO to
participate in Grappler.
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IV.
Equipment and Assistance with Training:
DPS shall specify the required equipment and materials and MCSO agrees to
provide such equipment to its employee(s) as a condition of participating in the training
program.
V.
Agreement to Hold Harmless:
Each Party shall indemnify, defend, and hold harmless the other Party and any of
its departments, agencies, officers, or employees from any and all claims, demands, suits,
actions, proceedings, loss, cost, and damages of every kind and description, including
reasonable attorneys’ fees and/or litigation expenses (collectively referred to in this
paragraph as the “Claims”), which may be brought or made against or incurred by such
Party on account of loss of or damage to any property or for injuries to or death of any
person, to the extent caused by, arising out of, or contributed to, by reasons of any alleged
act, omission, professional error, fault, mistake, or negligence of the indemnifying Party,
its employees, officers, directors, agents, representatives, or contractors (or their
employees, agents, or representatives) in connection with or incident to the performance of
this Agreement. The indemnifying Party’s obligations under this paragraph shall not extend
to any Claims to the extent caused by the negligence of the other Party. Each Party’s
obligations under this paragraph shall survive the termination of this Agreement.
VI.
Notices:
All notices or other correspondence between the Parties regarding this Agreement
shall be in writing and mailed or delivered to the respective Parties as follows:
If to Arizona Department of Public Safety:
Director
Arizona Department of Public Safety
2102 West Encanto Blvd.
Phoenix, AZ 85006
If to MCSO:
Chief Deputy
Maricopa County Sheriff’s Office
550 W. Jackson Street
Phoenix, AZ 85003
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VII.
Other Duties Imposed by Law:
Nothing in this Agreement shall be construed as relieving the Parties of any
obligation or responsibility imposed on it by law.
VIII.
Waiver of Terms and Conditions:
The failure of either Party to insist in any one or more instances on performance of
any of the terms or conditions of this Agreement, or to exercise any right or privilege
contained herein, shall not be considered as thereafter waiving such terms, conditions,
rights, or privileges, and they shall remain in full force and effect.
IX.
Conflict of Interest:
The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to
conflicts of interest shall apply to this Agreement.
X.
Compliance with Laws and Policies:
The Parties shall comply with all federal, state, local laws, rules, regulations,
standards, and Executive Orders, without limitation to those designated within this
Agreement. The laws and regulations of the State of Arizona shall govern the rights of the
Parties, the performance of this Agreement, and any disputes hereunder. Furthermore, the
Parties agree to abide by each Party’s policies to the extent appropriate and required or
permitted by law.
XI.
Employment Status and Compensation of Law Enforcement Officers:
The Parties shall each provide workers’ compensation insurance, salary, benefits,
appropriate equipment, and uniforms for their respective employees.
Except as otherwise provided by law, specifically A.R.S. § 23-1022(D), in the
performance of this Agreement, each Party hereto will be acting in its individual
governmental capacity and not as an agent, employee, partner, joint venture, or associate
of the other. The employees, agents, or subcontractors of one Party shall not be deemed or
construed to be the employees or agents of the other Party.
XII.
Workers’ Compensation/Posting:
Pursuant to A.R.S. § 23-1022(D), for the purposes of workers’ compensation
coverage, all employee participants of DPS or MCSO shall be deemed to be an employee
of their respective parent agency. The parent agency shall be solely liable for payment of
workers’ compensation benefits. DPS and MCSO agree to provide any posting and notice
to the employees, as required A.R.S. §23-1022(E) or otherwise provided by law.
Additionally, Parties acknowledge that under this MOU no DPS employee or participant
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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. DPS 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.
XIII.
Compliance with Civil Rights:
The Parties to this Agreement agree to comply with A.R.S. Title 41, Chapter 9
(Civil Rights), Arizona Executive Orders 75-5 and 99-4, and any other federal or state laws
relating to equal opportunity and non-discrimination, including the Americans with
Disabilities Act. No Party shall engage in any form of illegal discrimination with respect
to applications for employment or student status or employees or students.
XIV.
Compliance with the E-VERIFY Program:
To the extent provisions of A.R.S. § 41-4401 are applicable, each Party warrants to
the other Party that they will comply with all Federal Immigration laws and regulations
that relate to their employees and that each now complies with the E-Verify Program under
A.R.S. § 23-214(A).
A breach of this warranty will be considered a material breach of this Agreement
and may subject the breaching party to penalties up to and including termination of this
Agreement.
The Parties retain the legal right to inspect the papers of any employee who works
pursuant to this Agreement, or any related subcontract, to ensure compliance with the
warranty given above.
Either Party may conduct a random verification of the employment records of the
other Party to ensure compliance with this warranty.
A Party will not be considered in material breach of this Agreement if it establishes
that it has complied with the employment verification provisions prescribed by 8 USCA §
1324(a) and (b) of the Federal Immigration and Nationality Act and the E-Verify
requirements prescribed by A.R.S. § 23-214(A).
The provisions of this Article must be included in any contract either Party enters
into with any and all of its contractors or subcontractors who provide services under this
Agreement.
XV.
No Joint Venture:
It is not intended by this Agreement to, and nothing contained in this Agreement
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shall, be construed to create any partnership, joint venture, or employment relationship
between the Parties or create any employer-employee relationship between the Parties’
employees. Neither Party shall be liable for any debts, accounts, obligations, or other
liabilities whatsoever of the other Party, including, but without limitation, the other Party's
obligation to withhold Social Security and income taxes for itself or any of its employees.
XVI.
No Third-Party Beneficiaries:
Nothing in this Agreement is intended to create duties or obligations to or rights in
third parties not Parties to this Agreement or affect the legal liability of either Party to the
Agreement by imposing any standard of care with respect to the maintenance of public
facilities different from the standard of care imposed by law.
XVII.
Non-Assignment:
Neither Party shall assign its interest in this Agreement, either in whole or in part.
XVIII.
Severability:
If any part, term, or provision of this Agreement shall be held illegal, unenforceable,
or in conflict with any law, the validity of the remaining portions and provisions hereof
shall not be affected.
XIX.
Governing Law, Dispute Resolution, and Jurisdiction:
The laws of the State of Arizona shall govern this Agreement. Venue will be in the
Maricopa County Superior Court. In the event of any litigation or arbitration arising out
of this Agreement, the substantially prevailing Party in such litigation or arbitration shall
be entitled to recover its reasonable attorneys’ fees, expert witness fees, and other costs of
litigation.
XX.
Entire Agreement:
This Agreement represents the entire agreement between the Parties and supersedes
all prior negotiations, representations, or agreements, either expressed or implied, written,
or oral. It is mutually understood and agreed that no alteration or variation of the terms
and conditions of this Agreement shall be valid unless made in writing and signed by the
Parties.
XXI.
Counterparts:
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.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day
and year set forth below:
State of Arizona, Dept. of Public Safety
Maricopa County Board of
Supervisors
Heston H. Silbert, Director
Bill Gates, Chairman
Attest:
Juanita Garza
Clerk of the Board
APPROVED AS TO FORM:
The
undersigned attorney acknowledges that
they have reviewed the above agreement
on behalf of the State of Arizona and has
determined that this Agreement is in proper
form and is within the powers and authority
granted under the laws of the State of
Arizona.
APPROVED
AS
TO
FORM:
The
undersigned attorney acknowledges that
they have reviewed the above agreement
on behalf of Maricopa County and has
determined that this Agreement is in proper
form and is within the powers and authority
granted to Maricopa County under the laws
of the State of Arizona.
Philip Brailsford, General Counsel
Deputy County, Attorney