GILA COUNTY MCSO ACADEMY 2020R1.PDF

Maricopa County — Formal (2020-09-02)

Extracted text (via pymupdf) 15905 characters

INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY and GILA COUNTY
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 GILA COUNTY, on behalf of the SHERIFF’s OFFICE, “GCSO,” 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 GCSO’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 GCSO law enforcement and detention recruits are required to be
formally trained in an acceptable training program and the GCSO 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 GCSO:

Chief, Administration

Michael Johnson

Maricopa County Sheriff’s Office
Undersheriff

550 W Jackson

Gila County Sheriff’s Office

5th Floor

P.O. Box 311

Phoenix, Arizona 85003

Globe, AZ 85502

Term:
This IGA shall have an initial term beginning July 1, 2020 through June 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-50-19-060-3-00 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 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.

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 GCSO 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. GCSO 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 (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.

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 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.
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 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.

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 GCSO recruit officers to attend
scheduled Sworn Basic Training Academies or Detention Academies.

2.
Reserves the right in its sole discretion to decide whether the GCSO 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 GCSO original individual training records for each GCSO 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 GCSO recruits in the same manner as MCSO recruits for purposes of
training, academics, ethics and discipline.

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

7.
Will bill GCSO Department a non-refundable registration fee per participant as
follows:

Sworn Academy:
$750

Detention Academy:
$250

Amounts are payable to Maricopa County, per GCSO 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 GCSO:
1.
Accepts that there is no guarantee that any minimum number of candidates from
the GCSO 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, including MCSO’s policies and procedures.

3.
Will provide worker’s compensation insurance, salary, benefits, for GCSO recruits.

4.
Will provide applicable items including weapons, ammunition and uniforms for
GCSO recruits depending on the requirements for the designated academy, sworn
basic training or detention basic training.

5.
Agrees to pay for all employer related costs for its employees as acknowledged in
the Independent Contractors section, above.

6.
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.

7.
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.

GILA County, a political subdivision
MARICOPA County, a political subdivision

of the State of Arizona

BY:

_______________________________
_______________________________
Woody Cline Date
Clint Hickman

Date
Chairman

Chairman

ATTEST:

______________________________

_______________________________
Marian Sheppard

Date

Fran McCarroll

Date
Clerk of the Board

Clerk of the Board

Gila County Sheriff

Maricopa County Sheriff

BY:

______________________________
_________________________________
Adam Shepherd

Date

Paul Penzone Date
Sheriff

Sheriff

Approved as to form:

________________________________
________________________________

Deputy County Attorney Date
Deputy County Attorney Date