1_10_21GLENDALE-MCSO COOPERATIVE AGREEMENT .PDF

Maricopa County — Formal (2022-01-26)

Extracted text (via pymupdf) 12531 characters

COOPERATIVE AGREEMENT BETWEEN
MARICOPA COUNTY and CITY OF GLENDALE
REGARDING SWORN BASIC TRAINING
C-50-22-____-X-00

This AGREEMENT 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 GLENDALE,
“Glendale” or “City,” 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
Cooperative Agreement regarding Sworn Basic Training Academy.

Whereas MCSO and Glendale offer components for Sworn Officer Basic Training Academy that
can be shared for mutual benefit, the Parties enter into this Agreement to be effective January 1,
2022. This is a non-financial agreement.

Parties agree to:

1. Provide training space at their respective locations for scheduled training academy
events.

2. Assign a number of dedicated staff to assist with training to include Sergeants and
RTOs for the duration of an academy as mutually determined and agreed upon by
training leadership from both parties.

3. Respect and adhere to decisions made by respective training leadership concerning
participant academic standards, and ethical or disciplinary standards applicable to all
sworn officer training academy participants.

4. Provide original individual training records for recruits upon completion of the Academy
or Components thereof upon termination of a recruit’s attendance at the Academy.

5. Maintain records of lesson plans, class rosters, and other documentation common to
the class that is consistent with the requirements of State law.

6. Treat recruits in the same manner as MCSO recruits for purposes of training,
academics, ethics and discipline.

7. Investigate their own recruits should a situation arise for an Internal Affairs
Investigation concerning the actions of their recruit.

8. Provide weapons, ammunition, uniforms and other training equipment and resources
for respective recruits and assigned training personnel.

9. Understand and agree that the curriculum will consist of the standard AZ POST training
program.

10. Follow chain of command protocol for the respective site at which the training is taking
place.

11. 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 Intergovernmental Agreement (hereinafter “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.

12. Acknowledge that under this IGA all employees and participants are the responsibility
of their respective hiring/employing agency and will not be considered an employee of
the other party and shall have no rights of merit, retirement, or personnel rules accrued
to the other party’s individual employees.

13. Removal from training is apart and independent from whether the impacted employee
is disciplined or terminated by the employing agency.

14. Be responsible 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
their own employees (trainers and participants) and shall save and hold the other
harmless with respect thereto.

15. Be responsible for their employees’ automobile liability. Automobile insurance
coverage follows the driver and the driver’s employing agency.

16. Ensure their employee trainers and participants have received infectious disease
testing and required immunizations and have undergone health related pre-requisites
applicable to academy attendees prior to the first day of training. CDC guidelines will
be in effect concerning quarantining that relates to COVID-19.

General:

1. 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.

2. 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 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.

3. Each party shall comply with all applicable laws, ordinances, Executive Orders, rules,
regulations, standards, and codes of the Federal, State, and Local government’s
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 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).

4. 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 six (6) years after
completion of this Agreement. Upon request, Party shall produce original of any and
all such records.

5. Any litigation arising from the agreement, or the performance thereof will be decided
in the federal courts located in Phoenix 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.

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

7. 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 or trainers participating in a
training rotation until the training is completed if MCSO continues to have sufficient
staffing and other resources to continue the training until that date.

8. Notice is given that pursuant to A.R.S. § 38-511 the County 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 County 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
County 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 County from any other party to the contract arising as the result of the Contract.

9. 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.

10. Neither party owes the other any amount for previous mutual training activities.

11. 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.

12. 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.

13. 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.

14. This IGA may be executed in two or more counterparts, each of which shall be deemed
an original but all of which together shall constitute one and the same instrument. E-
signed, Faxed and copied and scanned signatures are acceptable as original
signatures.

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

If to MCSO:
If to CITY OF GLENDALE

Deputy Chief, MCSO BIO, CID

Glendale Police Department
and Training

Attn: Chief of Police

Maricopa County Sheriff’s Office

6835 N 57th Drive

550 W Jackson, 5th Floor

Glendale, AZ 85301

Phoenix, AZ 85003

This IGA will be in effect through December 31, 2022 and can be renewed for up to one
year by amendment signed by the parties.

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Cooperative Agreement for Sworn Basic Training Academy

IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the date of
the last signature set forth below.

City of Glendale
Maricopa County

BY:

_______________________________
_______________________________
Kevin R. Phelps Date
Bill Gates

Date

City Manager

Chairman

ATTEST:

______________________________

_______________________________
Julie K. Bower

Date
Juanita Garza

Date
City Clerk

Clerk of the Board

City of Glendale Police

Maricopa County Sheriff

BY:

______________________________
_________________________________
Chris Briggs

Date
Paul Penzone Date
Chief of Police

Sheriff

Approved as to form:

________________________________
________________________________

Michael D. Bailey
City Attorney

Date

Deputy County Attorney Date