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MCSO Detention Academy Agreement
MCSO Business Services
INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY ON BEHALF OF
THE MARICOPA COUNTY SHERIFF’S OFFICE
AND CITY OF PHOENIX
FOR MCSO DETENTION OFFICER TRAINING ACADEMY
C-50-22- ____ -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 Maricopa County Sheriff’s Office,
(“MCSO”), and City of Phoenix, an Arizona Municipality, for Phoenix Police Department (“Phoenix
PD”), “Parties.” This IGA is effective when signed by the Parties.
Whereas MCSO conducts Detention Officer Training Academies on an as-needed basis and
regularly has sufficient space for additional participants, and whereas the Phoenix PD detention
recruits are required to be formally trained in an acceptable training program and the Phoenix PD
does not have its own detention or corrections training academy, the Parties enter into this IGA.
Party Responsibilities
The MCSO will:
1.
Provide training space as available after MCSO’s training space needs have been
met for Phoenix PD detention recruit officers to attend scheduled Detention Officer
Training Academies.
2.
Reserve the right in its sole discretion to decide whether the Phoenix PD 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 Detention academy participants.
4.
Provide Phoenix PD original individual training records for each of its recruits upon
completion of the MCSO Academy or termination of a recruit’s attendance at the
MCSO Academy.
5.
Treat Phoenix PD recruits in the same manner as MCSO recruits for purposes of
training, academics, ethics and discipline.
6.
Require Phoenix PD to investigate its recruits should a situation arise for an
Internal Affairs Investigation concerning the actions of one of its recruits.
7.
Bill Phoenix PD a non-refundable registration in the amount of $250 per registrant
after the first day of training.
8.
Review its costs and charges as needed and process amendments to this
Agreement for future increases not later than April of each fiscal year, to be
effective with the new fiscal year.
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MCSO Detention Academy Agreement
MCSO Business Services
City of Phoenix:
1.
Accepts there that there is no guarantee that any minimum number of candidates
from the City of Phoenix 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.
2.
Understands and agrees that the curriculum will consist of the standard MCSO
training program for MCSO and that the curriculum shall focus on the policies and
procedures of the MCSO.
3.
Will provide applicable uniform items, supplies and devices for Phoenix PD recruits
depending on the requirements for the detention basic training.
4.
Will 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.
CDC guidelines concerning COVID 19 will be applicable for all participants.
5.
Will pay amounts cited in 7., above per registrant within 30 days of receipt of
invoice and make amounts payable to Maricopa County; and reference “MCSO
Detention Training Academy” in the transaction detail.
General Provisions
1.
This IGA shall have a 2-year term beginning July 1, 2022 through June 30, 2024.
2.
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.
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 IGA no employee or participant of the Phoenix
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.
Phoenix 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.
5.
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-
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MCSO Business Services
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 all remedies allowed by law. Nothing set out herein shall make any
subcontractor an agent or employee of either Party.
6.
Each party shall comply with all applicable laws, ordinances, executive orders,
rules, regulations, standards, and codes of the federal, state, and local
government whether specifically referenced herein. The Parties agree that there
will be no discrimination as to race, sex, religion, color, age, creed, or national
origin regarding 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).
7.
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 five (5)
years after completion of this Agreement. Upon request, Party shall produce
original of all such records.
8.
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.
9.
This IGA may be amended only by the mutual written consent of authorized
representatives for all Parties and requires Maricopa County Board and City of
Phoenix approval.
10.
This IGA may be terminated at any time by either Party by mailing or e-mailing
the other Party notice of termination within (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 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 if MCSO
continues to have sufficient staffing and other resources to continue the training
until that date.
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MCSO Business Services
11.
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 either Party to the contract
arising as the result of the Contract.
12.
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.
13.
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.
14.
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.
15.
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.
16.
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.
Notices:
Any notice to be given under this IGA shall be sent to the Parties listed below.
If to MCSO:
If to City of Phoenix Department:
Chief, Administration
Lieutenant, Central Booking Detail
Maricopa County Sheriff’s Office
City of Phoenix
550 W Jackson
620 W. Washington St.
Phoenix, Arizona 85003
Phoenix, AZ 85003
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MCSO Detention Academy Agreement
MCSO Business Services
IN WITNESS WHEREOF, the Parties hereto have entered into this IGA as of the date of the last
signature set forth below.
City of Phoenix, an Arizona Municipality
__________________________ ________
Jeffrey Barton
Date
City Manager
ATTEST:
__________________________ _______
Denise Archibald
Date
City Clerk
City of Phoenix Police Department
__________________________ _______
Jeri Williams
Date
Chief of Police
Approved as to form:
__________________________ ________
Cris Meyer, City Attorney
Date
Maricopa County, a political subdivision
of the State of Arizona
__________________________ ________
Bill Gates
Date
Chairman, Board of Supervisors
ATTEST:
__________________________ ________
Juanita Garza
Date
Clerk of the Board
Maricopa County Sheriff’s Office
__________________________ ________
Paul Penzone,
Date
Sheriff
Approved as to form:
__________________________ ________
Deputy County Attorney Date