FINAL DRAFT 2024 IGA MCSO SWORN ACADEMY - SIGNED BY ADCRR.PDF

Maricopa County — Formal (2024-09-11)

Extracted text (via pymupdf) 14121 characters

INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY
and
ARIZONA DEPARTMENT OF CORRECTIONS, REHABILITATION & REENTRY
REGARDING MARICOPA COUNTY SHERIFF’S OFFICE
BASIC TRAINING ACADEMY

C-50-25-____-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
ARIZONA DEPARTMENT OF CORRECTIONS, REHABILITATION & REENTRY “ADCRR”; 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 ADCRR’s sworn peace officer
recruit participation in MCSO’s Sworn Basic Training Academy.
RECITALS
MCSO offers Sworn Officer Basic Training Academies on an as-needed basis and generally has space for
additional participants; and whereas ADCRR has sworn employee recruits are required to be trained
according to the State of Arizona Peace Officer Standard Training (AZPOST);
Parties agree to the following terms and conditions.

AGREEMENT
This agreement effective November 1, 2024 through October 31, 2026, the Initial Term, upon Maricopa
County Board of Supervisor approval.
MCSO will:
1.
Provide training space as available for ADCRR peace officer recruits to attend scheduled
Sworn Basic Training Academies.
2.
Reserves the right in its sole discretion to decide whether the ADCRR recruits maintain the
academic standings necessary to continue in the Academy class.
3.
Retains 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 ADCRR original individual training records for each ADCRR 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 ADCRR recruits in the same manner as MCSO recruits for purposes of training,
academics, ethics and discipline.
6.
Require ADCRR to investigate ADCRR recruits should a situation arise for an Internal
Affairs Investigation concerning the actions of an ADCRR recruit.

7.
Bill ADCRR a non-refundable registration in the amount of $750, payable to Maricopa
County, per ADCRR 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, to be effective with the new fiscal
year.
ADCRR will:
1.
Understand and agree that the curriculum will consist of the standard MCSO training
program for MCSO, including MCSO’s policies and procedures.
2.
Provide worker’s compensation insurance, salary, benefits, weapons, ammunition and
uniforms for ADCRR recruits.
3.
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 will be necessary for the
participant’s records prior to the academy start.
CDC and Maricopa County guidelines will be followed concerning COVID-19.
4.
Pay MCSO within 30 days of receipt of invoice.
5.
Accept that there is no guarantee that any minimum number of candidates from the
ADCRR will be accepted to attend the academy. MCSO candidates have enrollment
priority and enrollment is based on MCSO’s determination of appropriate space/resource
availability.
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 bodily injury of any person (including death) or property damage, 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.
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 IGA no employee or participant of the ADCRR 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. ADCRR 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. ADCRR shall
also be responsible for automobile liability for its recruits and employees related to
participation in Sworn Training Academy activities.
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. §§ 41-4401 and 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
any and all remedies allowed by law. Nothing set out herein shall make any subcontractor
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 governments 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).
6.
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.
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
IGA. This Agreement is subject to the provisions of A.R.S. § 12-1518 relating to the use of
arbitration.
8.
This IGA may be amended only by the mutual written consent of authorized
representatives for all Parties and requires Board approval.
9.
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. In the event that 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.
10.
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.
11.
Every payment obligation of the Department under this Agreement is conditioned upon the
availability of funds appropriated and allocated for the payment of such obligation. If funds
are not appropriated, allocated and available or if the appropriation is changed by the
legislature resulting in funds no longer being available for the continuance of this
Agreement, this Agreement may be terminated by the Department or any other agency of
the State of Arizona at the end of the period for which funds are available. No liability shall
accrue to the Department or any other agency of the State of Arizona in the event this
provision is exercised, and neither the Department nor any other agency of the State of
Arizona shall be obligated or liable for any future payments or for any damages as a result
of termination under this paragraph.
12.
This IGA is fully executed when signed by all 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.
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.
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.
15.
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.
16.
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 8., above.

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[SIGNATURES ON FOLLOWING PAGE]

IGA for MCSO Sworn Training Academy

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

If to MCSO: If to ADCRR:

Chief of Administration

Kerry Wells

Maricopa County Sheriff’s Office
Chief Procurement Officer
550 W Jackson, 5th Floor

Procurement Services
Phoenix, AZ 85003

701 E. Jefferson Street, MC 55302

Phoenix, AZ 85034

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

Arizona Department of Corrections

Maricopa County, a political subdivision
Rehabilitation and Reentry

of the State of Arizona

___________________________________

________________________________
Kerry Wells Date

Jack Sellers
Date
Chief Procurement Officer

Chairman

ATTEST:

_______________________________
.
Juanita Garza Date
Clerk of the Board

Maricopa County Sheriff

________________________________
Russ Skinner

Date

Intergovernmental Agreement Determination

In accordance with A.R.S. § 11-952, this Agreement has been reviewed by the undersigned who have
determined the Agreement is in appropriate form and is within the powers and authority of the respective
parties.

Attorney General

Maricopa County Attorney

_______________________________

_________________________________
Assist. Attorney General
Date

Deputy County Attorney
Date
.
8/12/24