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AGREEMENT BETWEEN MARICOPA COUNTY AND GRAND CANYON UNIVERSITY REGARDING MARICOPA COUNTY SHERIFF’S OFFICE SWORN BASIC TRAINING ACADEMY C-50-22-__ -X-00 This Service Agreement (“Agreement”) is made effective as of date of the last signature on this document, (the “Effective Date”), by and between Grand Canyon University (“GCU”), an Arizona Nonprofit Corporation, located at 3300 West Camelback Road, Phoenix AZ 85017, and Maricopa County, a political subdivision of the State of Arizona, with its administrative offices at 301 W. Jefferson, Phoenix AZ 85003 (“County”) on behalf of the Maricopa County Sheriffs Office (‘MCSO’), with headquarters at 550 W. Jackson Street, Phoenix AZ 85003, “Parties.” RECITALS MCSO offers Sworn Officer Basic Training Academy on an as-needed basis and generally has space for additional non-MCSO participants. Whereas GCU has sworn employee recruits that are required to be trained according to the State of Arizona Peace Officer Standard Training (“AZPOST’). Parties enter into the following Agreement effective June 1, 2022, through May 31, 2024, upon Maricopa County Board of Supervisor approval. A. MCSO will: 1. Agreement Provide training space as available for GCU PD recruit officers to attend scheduled Sworn Basic Training Academy. Reserve the right in its sole discretion to decide whether the GCU PD recruits maintain the academic standings necessary to continue in the academy class. Retain 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. Provide GCU PD original individual training records for each GCU PD recruit uponcompletion of the MCSO Academy or termination of the recruit’s attendance at the MCSO Academy. MCSO will maintain records of lesson plans, class rosters, andother documentation common to the class as a whole consistent with the requirements of state law. Treat GCL PD rerruits in the same manner as MCSO racruite far nurnoses of training, academics, ethics and discipline. MCSO Sworn Basic Training Academy -1- B. GCU will: 1. Require GCU PD to investigate GCU PD recruits should a situation arise for an internal affairs investigation concerning the actions of an GCU PD recruit. Bill GCU PD a non-refundable registration in the amount of $750, payable to Maricopa County, per GCU PD recruit. Review its costs intermittently 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. Understand and agree that the curriculum will consist of the standard MCSO training program for MCSO, including MCSO’s policies and procedures. Provide worker's compensation insurance, automobile liability insurance, salary, benefits, weapons, ammunition and uniforms for GCU PD recruits and employees. 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 thepreceding requirements will be necessary for the participant's records prior to theacademy start. CDC and Maricopa County guidelines will be followed concerning COVID-19. Pay MCSO within 30 days of receipt of invoice. Accept that there is no guarantee that any minimum number of candidates from the GCU 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. Adhere to insurance requirements outlined in section C items 15 and 16 of this agreement. C. 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 Agreement, but only to the extent that such claims which result in vicarious/derivative liability to theindemnitee are caused by the act, omission, fegigence, misconduct, or oiier fauito? ihe indemniior, iis officers, offciais, agents, employees, or volunteers. MCSO Sworn Basic Training Academy -2- 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 Agreement no employee or participant of the GCU PDis to be considered a County employee, and that no rights of County merit, County retirement, or County personnel rules shall accrue to such individual. GCUPD 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. 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. §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 Verificationforms (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 orat 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 begiven 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 anysubcontractor 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 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 withthe Executive Order No. 11246, entitled “Equal Employment Opportunity” and as amended by Executive Order No. 11375, as supplemented by the Department ofLabor Regulations (41 CFR, Part 60). ii accordance with A-R.S. § 35-214, aii books, accounis, repoiis, fies, electronic data, and other records relating to this Agreement shall be retained and subject at all reasonable times to inspection and audit by the Auditor General of the State of Arizona, GCU, MCSO, or their agents for five (5) years © MCSO Sworn Basic Training Academy -3- after completion of this Agreement. Upon request, the audited Party shall produce originals 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 Agreement. This Agreement is subject to the provisions of A.R.S. § 12-1518 relating to the use of arbitration. 8. This Agreement may be amended only by the mutual written consent of authorized representatives for all Parties and requires Maricopa County Board of Supervisors approval. 9. 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. In the event that a Party decides to terminate this Agreement, 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 compieted, 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 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 anyother 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 Agreement. 11 If either Party’s performance under this Agreement depends upon the appropriation or appointment of funds, and funds are not appropriated or appointed necessary for performance of the Agreement, then either Party may provide written notice of this to the other Party and cancel this Agreement without further obligation of either Party. 12. If any term, covenant, condition or provision of this Agreement 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. Waiver o7 any breach of any term, conditions or covenant herein contained shail not be deemed to be a waiver of any subsequent breach of any term, covenant orcondition herein. MCSO Sworn Basic Training Academy -4- 14. Nothing in this Agreement shall be construed as consent to any suit or waiver of any defense in a suit brought in any state or federal court against the County or GCU. GCU acknowledges that the County is self-insured, and the County shall, upon request, provide GCU with a certificate of such self-insurance. 15. GCU shall purchase and maintain insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies authorized to conduct insurance business in the State of Arizona, provided that said insurance companies are approved in writing by the County. a. The form of any insurance policies and forms must be acceptable to County. All insurance required herein shall be maintained in full force and effect until this Agreement is terminated, except with respect to policies written on a “claims made” basis, as provided later in this paragraph. Failure to do so shall authorize the County, in its discretion, to declare a material breach of this Agreement and to exercise any and all available remedies. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage of the County under such policies shall extend for not less than two years following the termination of this Agreement. b. GCU's insurance shall provide primary insurance coverage with respect to the County, and any insurance or self-insurance maintained by the County shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies. c. The insurance policies may provide coverage that contains deductibles or self- insurance retentions. Such deductible and/or self-insurance retentions shall not be applicable with respect to the coverage provided to County under such policies. GCU shall be solely responsible for the deductible and/or self- insurance retention and County, at its option, may require GCU to secure payment of such deductibles or self-insurance retentions by a surety bond or an irrevocable and unconditional letter of credit. d. County shall have the right to request and to receive, within 10 business days following delivery of the request, certified copies of any or all of the herein required insurance policies and/or endorsements showing coverage consistent with the requirements of this Agreement. County shall not be obligated, however, to review such policies and/or endorsements or to advise GCU of any deficiencies in such policies and endorsements, and such receipt shall not relieve GCU from, or be deemed a waiver of, County’s right to insist on strict fulfillment of GCU’s obligations under this Agreement. e. GCU’s insurance policies required by this Agreement, except Workers’ Compensation, snali name County, its agents, representatives, officers, directors, officials, and employees as Additional Insureds. MCSO Sworn Basic Training Academy -5- f. GCU’s insurance policies required hereunder, except Workers’ Compensation, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials, and employees for any claims related to or arising out of this Agreement. g. GCU waives all rights against County and its agents, officers, directors, and employees for recovery of damages to the extent these damages are covered by any Workers’ Compensation, Employer's Liability, or commercial umbrella liability insurance obtained by GCU pursuant to this Agreement. 16. Minimum Insurance Coverages for GCU will be: a. Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. b. Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of GCU’s owned, hired, and non-owned vehicles. c. Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of GCU’s employees engaged in the performance of the work or services under this Agreement; and Employer's Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. d. Upon the County’s request, GCU shall furnish County with Certificates of Insurance or endorsements, in form acceptable to the County, issued by GCU’s insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. Such certificates or endorsements shall identify this Agreement by title. 17. This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed under the laws of the State of Arizona. 18. Neither GCU nor County shall mention or otherwise use the name of the other party or its affiliates (or any abbreviation or adaptation thereof) in any publication, press release, promotional materials, or other form of publicity regarding this Agreement without the prior written approval of the other party in each instance. MCSO Sworn Basic Training Academy -6- 19. 20. 21. 22. 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. 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. 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. Any notice that is required hereunder shall be sent to the following: If to GCU: If to MCSO: Ray Kaselonis, General Counsel and Ann Scheel, Executive Chief of Chief Administrative Officer Administration Grand Canyon University Maricopa County Sheriff's Office 3300 W Camelback Rd 550 W Jackson, 5" Floor Phoenix, AZ 85017 Phoenix, AZ 85003 This space is intentionally left blank MCSO Sworn Basic Training Academy -7- This agreement will be effective upon final signature. GCU Chief of Police: MCSO Sheriff: Michael Caputo ate Paul Penzone Date GRAND CANYON UNIVERSITY MARICOPA COUNTY An Arizona Nonprofit Corporation Board of Supervisors JunetteWest Date Bill Gates Date Vice Pfesident for Business and Finance = Chairman Attest Juanita Garza Date Clerk of the Board Appro as to Form Approved as to Form . he Sigyature Daté Deputy County Attorney Date Attofney for Grand canydr n University MCSO Sworn Basic Training Academy -8-