IGA.CPD.COMBINEDTRAINING.SHERIFF.PDF

INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY and CITY OF CHANDLER
REGARDING MARICOPA COUNTY SHERIFF’S OFFICE
SWORN AND DETENTION
BASIC TRAINING ACADEMY
C-50-21- -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 CITY OF CHANDLER, on behalf of the POLICE DEPARTMENT, “Chandler
PD,” 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
CHANDLER PD's participation in MCSO’s Sworn and Detention Basic Training Academy.

Whereas MCSO conducts Sworn (Arizona Peace Officers Standard Training) and Detention
Officer Training Academies on an as-needed basis and regularly has sufficient space for
additional participants, and whereas the Chandler PD law enforcement and detention recruits are
required to be formally trained in an acceptable training program and the Chandler PD does not
have its own Law Enforcement, detention or corrections training academy, the Parties enter into
this IGA.
The Parties Agree:

General Provisions
Legal Notices:

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

If to MCSO: If to Chandler PD:

Chief, Administration Chief of Police, Sean Duggan
Maricopa County Sheriff's Office City of Chandler Police Department
550 W Jackson, 5" Floor 250 E. Chicago Street

Phoenix, Arizona 85003 Chandler, AZ 85225

Term:

This IGA shall have an initial term beginning October 1, 2020 through September 30, 2022 and is
effective when signed by the Parties. Following the initial term, this IGA will automatically renew
for up to two, one-year terms unless canceled or terminated.

This IGA replaces and supersedes MCSO contract C-50-20-061-3-00, also known as Chandler
Contract A-2020-531, currently in effect for Basic (Sworn) Training Academy.

Termination/Suspension/Cancellation:

Except as otherwise provided herein, each party shall have the right to terminate this IGA without
liability to the non-terminating party by hand-delivering to the non-terminating party written notice
of termination at least thirty (30) days prior to the effective date of said termination or as
otherwise agreed to by the Parties in writing. 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. Either party has the tight to terminate this

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IGA upon twenty-four (24) hour notice when it is deemed the health or welfare of the service
recipients is endangered.

If this IGA is terminated prior to expiration of its stated term, any funds advanced shall be
refunded within ten days after the effective date of such early termination; however, there shall be
no obligation to refund any monies representing registration for participants who have attended
the first day of training.

Termination or suspension of this IGA by either party shall not terminate or otherwise affect the
obligations of the parties to provide indemnification and to maintain and permit inspection of
records as provided herein.

Every payment obligation of each party under this agreement is conditioned upon the availability
of funds appropriated or allocated for the payment of such obligation. If funds are not allocated
and available for the continuance of this Agreement, this Agreement may be terminated by either
party at the end of the period for which funds are available. No liability shall accrue to either party
in the event this provision is exercised, and the parties shall not be obligated or liable for any
future payments or for any damages as a result of termination under this paragraph.

Mutual Indemnification

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.

Independent Contractors

This IGA 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
rights and obligations of the parties shall be only those expressly set forth in this IGA.

Parties acknowledge that under this IGA no employee or participant of the Chandler 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. CHANDLER 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.

Governing Law

The laws of the State of Arizona shall govern this IGA. Venue will be in the Maricopa County
Superior Court unless otherwise agreed to between the Parties. The parties to this Agreement
agree to resolve all disputes arising out of or relating to this Agreement through arbitration, after
exhausting applicable administrative review, to the extent required by A.R.S. § 12-1518 except as
may be required by other applicable statutes.

Conflict of interest

This Agreement is subject to the provisions of A.R.S. § 38-511, the Parties may cancel any IGA
without penalty or further obligation within three years after execution of the IGA, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the IGA on behalf of
the County is at any time while the IGA or any extension of the IGA is in effect, an employee or
agent of any other party to the IGA in any capacity or consultant to any other party of the IGA with
respect to the subject matter of the IGA. E-Verify

Each party to this IGA 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 IGA. Each party and its
subcontractors shall also maintain Employment Eligibility Verification forms (!-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.

Non-Discrimination

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).

Records

Both parties shall retain and shall contractually require each subcontractor to retain all data,
books and other records (“records”) relating to this Agreement. 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.

Severability

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.

Any provision of this IGA which is determined to be invalid, void or illegal shallin no way affect,
impair or invalidate any other provision hereof, and remaining provisions shall remain in full force
and effect.

Litigation

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.

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

Other

This IGA is effective when signed by the Parties.

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.

No Waiver; No Accord or Satisfaction
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.

Counterparts

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.

The MCSO:

1. Will provide training space as available for CHANDLER PD recruit officers to
attend scheduled Sworn Basic Training Academies or Detention Academies.

2: Reserves the right in its sole discretion to decide whether the CHANDLER PD
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 or detention academy participants.

4. Will provide CHANDLER PD original individual training records for each
CHANDLER PD 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. Will treat CHANDLER PD recruits in the same manner as MCSO recruits for
purposes of training, academics, ethics and discipline.

6. Will require CHANDLER PD to investigate CHANDLER PD recruits should a
situation arise for an Internal Affairs Investigation concerning the actions of a
CHANDLER PD recruit.

ra Will bill CHANDLER PD Department a non-refundable registration fee per
participant as follows:

Sworn Academy: $750
Detention Academy: $250

Amounts are payable to Maricopa County, per CHANDLER PD registrant after
the first full day of the academy.

8. Will review its costs annually and as needed process amendments to this
Agreement for future increases not later than April of each fiscal year, to be
effective with the new fiscal year.

The CHANDLER PD:

1,

A

Accepts that there is no guarantee that any minimum number of candidates from
the CHANDLER 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.

Understands and agrees that the curriculum will consist of the standard
MCSO training program for MCSO, including MCSO's policies and procedures.

Will provide worker's compensation insurance, salary, benefits, for CHANDLER
PD recruits.

Will provide applicable items including weapons, ammunition and uniforms for
CHANDLER PD recruits depending on the requirements for the designated
academy, sworn basic training or detention basic training.

Agrees to pay for all employer related costs for its employees as acknowledged
in the Independent Contractors section, above.

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.

COVID-19:
Will ensure that registrants are tested for COVID-19 with negative results
before the start of the academy within safe time parameters specified by
MCSO Training.

Will ensure that required subsequent COVID-19 testing for current
academy participants occurs as directed by MCSO Training until a
vaccine is available. CDC guidelines will be followed for any
participants testing positive.

When a vaccine is available:
Will ensure its current academy participants and future registrants are
immunized from COVID-19.

Agrees to pay MCSO within 30 days of receipt of invoice.

** REMAINDER OF PAGE INTENTIONALLY LEFT BLANK**

IGA for MCSO Sworn and Detention Academies

IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the date of

the last signature set forth below.

CITY OF CHANDLER, an Arizona Municipality

BY:

ate
Mayor

City Clerk

Chandler Police Department

Ch LeLf-ce

Sean Duggan ” Date
Chief of Police

BY:

Approved as to form:

Sa

MARICOPA County, a political subdivision
of the State of Arizona

BY:

Clint Hickman Date
Chairman

ATTEST:

Fran McCarroll Date

Clerk of the Board

Maricopa County Sheriff

BY:

Paul Penzone ( ” Date
Sheriff

Approved as to form:

Digit

Davina Bressle

Date: 2020.11.06 1233836-0700

Attorney

Deputy County Attorney Date

saeco