GILBERT MCSO DETENTION BASIC ACADEMY 2020.PDF
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MCSO Detention Academy Agreement
MCSO Business Services
INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY BY AND THROUGH
THE MARICOPA COUNTY SHERIFF’S OFFICE
AND TOWN OF GILBERT
BY AND THROUGH THE
TOWN OF GILBERT POLICE DEPARTMENT
FOR MCSO DETENTION OFFICER 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 by and through the Maricopa County Sheriff’s Office,
(“MCSO”), and Town of Gilbert, an Arizona Municipal Corporation by and through the Town of
Gilbert Police Department (“GILBERT 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 GILBERT PD detention
recruits are required to be formally trained in an acceptable training program and the GILBERT 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 December 1, 2020 through November 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.
The MCSO:
1.
Will provide training space as available for GILBERT PD detention recruit officers
to attend scheduled Detention Officer Training Academies.
2.
Reserves the right in its sole discretion to decide whether the GILBERT 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 GILBERT PD original individual training records for each of its recruits
upon completion of the MCSO Academy or termination of a recruit’s attendance at
the MCSO Academy.
5.
Will treat GILBERT PD recruits in the same manner as MCSO recruits for purposes
of training, academics, ethics and discipline.
6.
Will require GILBERT 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 GILBERT PD non-refundable registration in the amount of $250 per
registrant.
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MCSO Business Services
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.
Town of Gilbert:
1.
Accepts that there is no guarantee that any minimum number of candidates from
the GILBERT 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.
Agrees to provide worker’s compensation insurance, salary, benefits, for GILBERT
PD recruits.
6.
Agrees to provide applicable items for GILBERT PD recruits depending on the
requirements for the detention basic training.
7.
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.
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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, 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 GILBERT 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. GILBERT 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
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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 (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. I-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).
Records
In accordance with A.R.S. § 35-214, 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 shall in 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.
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Amendments
This IGA may be amended only by the mutual written consent of authorized representatives for all
Parties and requires Board approval.
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 GILBERT:
Chief, Administration
Bill Amato
Maricopa County Sheriff’s Office
billamotolaw@gmail.com
550 W Jackson
Phoenix, Arizona 85003
[Signatures on Next Page]
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MCSO Detention Academy Agreement
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IN WITNESS WHEREOF, the Parties hereto have entered into this IGA as of the date of the last
signature set forth below.
Town of Gilbert, an Arizona Municipal
Corporation
__________________________ ________
Date
Mayor
ATTEST:
_________________________ ________
Date
City Clerk
Town of Gilbert Police Department
__________________________ ________
Date
Police Chief
Approved as to form:
__________________________ ________
City Attorney
Date
Maricopa County, a political subdivision
of the State of Arizona
__________________________ ________
Date
Chairman, Board of Supervisors
ATTEST:
__________________________ ________
Fran McCarroll
Date
Clerk of the Board
Maricopa County Sheriff’s Office
__________________________ ________
Paul Penzone,
Date
Sheriff
Approved as to form:
__________________________ ________
Deputy County Attorney Date