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Rev MCSO Sworn Basic Training Academy IGA
INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY AND SALT RIVER PIMA INDIAN COMMUNITY
REGARDING MARICOPA COUNTY SHERIFF’S OFFICE
SWORN BASIC 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 SHERIFF’S OFFICE
(“MCSO”) and the SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY (Salt River Police), a Native
Sovereign Nation, on behalf of its police department (Salt River Police), 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 and whereas Salt River has sworn employee recruits that are required to be
trained according to the State of Arizona Peace Officer Standard Training (“AZPOST”).
Whereas agreement C-50-19-027-3-00 entered into on 10/01/2019 between the Salt River Police and
Maricopa County for Sworn Training Academy expired on 6/30/2021 and
Whereas Salt River Police has sent participants to MCSO Training Academy after June 30, 2021,
parties agree to the following terms and conditions.
AGREEMENT
This agreement is effective retroactive to July 1, 2021, through December 31, 2023, the Initial Term,
upon Maricopa County Board of Supervisor approval.
MCSO will:
1.
Provide training space as available for Salt River Police recruit officers to attend
scheduled Sworn Basic Training Academy.
2.
Reserve the right in its sole discretion to decide whether the Salt River Police
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 sworn officer training academy
participants.
4.
Provide Salt River Police original individual training records for each Salt River
Police 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.
Treat Salt River Police recruits in the same manner as MCSO recruits for purposes
of training, academics, ethics and discipline.
6.
Require Salt River to investigate Salt River Police PD recruits should a situation
arise for an internal affairs investigation concerning the actions of a Salt River
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Police recruit.
7.
Bill Salt River a non-refundable registration in the amount of $750, payable to
Maricopa County, per Salt River Police recruit.
8.
Review its costs annually and, if necessary, process amendments to this
Agreement for future increases, not later than April of each fiscal year (July 1 to
June 30), to be effective with the new fiscal year.
Salt River will:
1.
Understand and agree that the curriculum will consist of the standard
MCSO training program for MCSO, including MCSO’s policies and procedures.
Provide required training supplies such as but not limited to weapons, ammunition,
devices, and uniforms for Salt River Police recruits and employees participating in
MCSO Sworn Training Academy.
2.
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 requirements will be necessary for the participant’s records prior to the
academy start.
CDC and Maricopa County guidelines will be followed concerning COVID-19.
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 Salt River Police 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.
There are no amounts due from the previous training agreements
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 Salt
River Police 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.
Salt River Police 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. Salt River shall also be
responsible for automobile liability for its recruits and employees related to
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participation in Sworn Training Academy activities.
5.
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 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.
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 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 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 five (5) years after
completion of this Agreement. Upon request, Party shall produce original of any
and 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.
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.
10.
This IGA may be amended only by the mutual written consent of authorized
representatives for all Parties and requires Maricopa County Board and Salt River
Pima-Maricopa Indian Community City Council approval.
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11.
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. 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, provided that MCSO continues to
have sufficient staffing and other resources to continue the training until that date.
12.
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.
13.
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.
14.
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.
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.
17.
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 11.,
above.
18.
Any notice to be given under this IGA shall be sent to the Parties listed below.
If to MCSO:
If to Salt River Police:
Maricopa County Sheriff’s Office
Salt River Pima-Maricopa Indian
Chief of Administration
Community
550 W Jackson, 5th Floor
Chief of Police
Phoenix, AZ 85003
P.O. Box 2186
Sacaton, AZ 85247
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IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the date of
the last signature set forth below.
Salt River Pima-Maricopa Indian Community,
MARICOPA County, a political subdivision
a Native Sovereign Nation
of the State of Arizona
BY:
BY:
President
Date
Bill Gates
Date
Chairman
ATTEST:
ATTEST:
Date
Juanita Garza
Date
Clerk of the Board
Salt River Pima-Maricopa Indian Community
Maricopa County Sheriff
Police Department
BY:
BY:
Date
Paul Penzone
Date
Sheriff
Approved as to form:
Approved as to form:
Legal Counsel
Date
Deputy County Attorney
Date