REVISED1 IGA APACHE JUNCTION SWORNTRNG.PDF
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REV MCSO Sworn Basic Training Academy IGA
INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY AND CITY OF APACHE JUNCTION
REGARDING MARICOPA COUNTY SHERIFF’S OFFICE
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 APACHE JUNCTION an Arizona municipal corporation, (“Apache
Junction”) on behalf of its police department, 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 MCSO’s Sworn Basic Training Academy.
RECITALS
As MCSO offers Sworn Officer Basic Training Academy on an as-needed basis and generally has
space for additional participants and whereas Apache Junction does not have its own training
academy and its sworn employee recruits are required to be trained according to the State of
Arizona Peace Officer Standard Training Agreement (“AZPOST”).
AGREEMENT
Wherefore, the Parties enter into the following Agreement effective January 1, 2021 through
December 31, 2022, the Initial Term, upon the Parties’ approval.
MCSO will:
1.
Provide training space as available for Apache Junction PD recruit officers to
attend scheduled Sworn Basic Training Academy.
2.
Reserves the right in its sole discretion to decide whether the Apache Junction 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.
4.
Provide Apache Junction original individual training records for each Apache
Junction 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.
Treat Apache Junction PD recruits in the same manner as MCSO recruits for
purposes of training, academics, ethics and discipline.
6.
Require Apache Junction to investigate Apache Junction PD recruits should a
situation arise for an internal affairs investigation concerning the actions of an
Apache Junction PD recruit.
7.
Bill Apache Junction a non-refundable registration in the amount of $750, payable
to Maricopa County, per Apache Junction PD recruit.
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REV MCSO Sworn Basic Training Academy IGA
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.
Apache Junction 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 Apache Junction PD 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 requirements will be necessary for the participant’s records prior to the
academy start.
Specific COVID-19 requirements:
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.
Ensure that required subsequent COVID-19 testing for current academy
participants occurs as directed by MCSO Training. CDC guidelines will be
followed for any participants testing positive.
When a vaccine is available:
Ensure its current academy participants and future registrants are
immunized from COVID-19 according to MCSO policy.
4.
Agree to pay MCSO within 30 days of receipt of invoice.
5.
Accept that there is no guarantee that any minimum number of candidates from
the Apache Junction 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.
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.
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.
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REV MCSO Sworn Basic Training Academy IGA
3.
Parties acknowledge that under this IGA no employee or participant of the Apache
Junction 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.
Apache Junction 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.
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. §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
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).
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, each 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.
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8.
This IGA may be amended only by the mutual written consent of authorized
representatives for all Parties and requires Maricopa County Board and Apache
Junction City Council 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 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 any other Party to the contract arising as
the result of the contract.
11.
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.
12.
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.
13.
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.
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 9.,
above.
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REV MCSO Sworn Basic Training Academy IGA
17.
Any notice to be given under this IGA shall be sent to the Parties listed below.
If to MCSO: If to Apache Junction PD:
Chief of Administration
Apache Junction Police Dept.
Maricopa County Sheriff’s Office
Police Chief
550 W Jackson, 5th Floor
300 E Superstition Blvd.
Phoenix, AZ 85003
Apache Junction, AZ 85119
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the date of
the last signature set forth below.
City of Apache Junction, an Arizona
MARICOPA County, a political subdivision
Municipality
of the State of Arizona
BY:
BY:
_______________________________
______________________________
Jeff Serdy
Date
Clint Hickman
Date
Mayor
Chairman
ATTEST:
ATTEST:
______________________________
_______________________________
Date
Fran McCarroll
Date
City Clerk
Clerk of the Board
City of Apache Junction Police
Maricopa County Sheriff
BY:
BY:
______________________________
_________________________________
Thomas E. Kelly
Date
Paul Penzone Date
Chief of Police
Sheriff
Approved as to form:
Approved as to form:
________________________________
________________________________
City Attorney
Date
Deputy County Attorney Date