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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY BY AND THROUGH THE MARICOPA COUNTY SHERIFF’S OFFICE AND CITY OF TEMPE BY AND THROUGH THE CITY OF TEMPE POLICE DEPARTMENT C-50-21-___ -X-00 C2020-269 This Intergovernmental Agreement (IGA) is entered into by and between Maricopa County a political subdivision of the State of Arizona by and through the Maricopa County Sheriffs Office, (“MCSO’), and City of Tempe, an Arizona Municipal Corporation by and through the City of Tempe Police Department (“Tempe PD”) collectively referred to as the “Parties” and individually as the “Party”. Whereas MCSO conducts Detention Officer Training Academies on an as-needed basis and regularly has sufficient space for additional participants, and whereas the TEMPE PD detention recruits are required to be formally trained in an acceptable training program and the TEMPE PD does not have its own detention or corrections training academy, the Parties enter into this IGA. The Parties Agree: Term: This IGA shall have an initial term beginning September 1, 2020 through August 31, 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. The MCSO: 1. Will provide training space as available for TEMPE PD detention recruit officers to attend scheduled Detention Officer Training Academies. 2. Reserves the right in its sole discretion to decide whether the TEMPE 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 Detention academy participants. 4. Will provide TEMPE PD original individual training records for each of its recruits upon completion of the MCSO Academy or termination of a recruits attendance at the MCSO Academy. 5. Will treat TEMPE PD recruits in the same manner as MCSO recruits for purposes of training, academics, ethics and discipline. 6. Will require TEMPE PD to investigate its recruits should a situation arise for an Internal Affairs Investigation concerning the actions of one of its recruits. 7. Will bill TEMPE PD non-refundable registration in the amount of $250 per registrant beginning September 1, 2020. 8. Will review its costs annually and process amendments to this Agreement for future increases not later than April of each fiscal year, to be effective with the new fiscal year. 1 MCSO Detention Academy Agreement MCSO Business Services City of Tempe: 1. Accepts that there is no guarantee that any minimum number of candidates from the TEMPE 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. 2. Understands and agrees that the curriculum will consist of the standard MCSO training program for MCSO and that the curriculum shall focus on the policies and procedures of the MCSO. 3. Agrees to pay amounts cited in 7., above per registrant within 2 weeks of billing; and make amounts payable to Maricopa County; and reference “MCSO Detention Training Academy” in the transaction detail. 4. Agrees to pay for all employer related costs for its employees as acknowledged in the Independent Contractors section, below. 5. 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. General Provisions 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. Either party has the right to terminate this 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. 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, fosses, 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. MCSO Detention Academy Agreement MCSO Business Services 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 TEMPE 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. TEMPE 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 shail 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 (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 IGA 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. |-9 forms are available for download at USCIS.GOV. Each party retains the legal right to inspect contractor and sub-contractors or employee documents performing work under this IGA to verify compliance with this IGA. 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 IGA 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 governments whether or not specifically reference herein. The Parties agree that there will be no discrimination as to race, color, creed, religion, ancestry, national origin, sex, gender, sexual orientation, gender identity, disability, age, marital status or status in regard to obligations, work, and services performed under the terms and any IGA 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). 3 MCSO Detention Academy Agreement MCSO Business Services Records Both parties shall retain and shall contractually require each subcontractor to retain all data, books and other records (“records”) relating to this Agreement for a period of five (5) years after completion of the Agreement. All records shall be subject to inspection and audit by either party at reasonable times. Upon request, a party shall produce a legible copy of any or 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. Non-Availability of Funds 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. 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. Notices: Any notice to be given under this IGA shall be sent to the Parties listed below. If to MCSO: If to TEMPE: Chief, Administration Jack Richards, Jail Manager Maricopa County Sheriff's Office City of Tempe Police Dept. 550 W Jackson 120 E. 5 Street 5% Floor Tempe, AZ 85281 Phoenix, Arizona 85003 MCSO Detention Academy Agreement MCSO Business Services €2020-269 IGA with City of Tempe Detention Academy IN WITNESS WHEREOF., the Parties hereto have entered into this IGA as of the date of the last signature set forth below. City of Tempe, an Arizona Municipal Maricopa County, a political subdivision Corporation of the State of Arizona (Zo M3 Corey Woods at Date Mayor Chairman, Board of Supervisors ATTEST: ATTEST: Carla R Réece ; Date “ Fran McCarroll Date City Clerk Clerk of the Board City of Tempe Police Department Maricopa County Sheriff’s Office oO Jeffigy lover We 7 Paul Penzone, Date Interim Chief of Police Sheriff Approved as to form: Approved as to form: ieee 112.22 City Attorney Date Deputy County Attorney Date MCSO Detention Academy Agreement MCSO Business Services