MCSOPINALCOUNTYDETENTIONACADEMY.PDF

INTERGOVERNMENTAL AGREEMENT BETWEEN
PINAL COUNTY BY AND THROUGH THE PINAL COUNTY SHERIFF’S OFFICE
AND MARICOPA COUNTY
BY AND THROUGH THE
MARICOPA COUNTY SHERIFF’S OFFICE
C-50-20- Ol -3-00

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 Sheriffs Office,
(“MCSO’”), and Pinal County, a political subdivision of the State of Arizona by and through the
Pinal County Sheriff's Office (“PCSO”) 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 PCSO deputy recruits
are required to be formally trained in an acceptable training program and the County does not
have its own 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 PCSO:

Chief, Administration Captain Hunter Rankin, #696
Maricopa County Sheriff's Office Pinal County Sheriff's Office
550 W Jackson 971 North Jason Lopez Circle
5" Floor Building C

Phoenix, Arizona 85003 PO Box 867

Florence, AZ 85132

Term:

This IGA shall have an initial term beginning March 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.

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 tuition for participants who have attended the first
day of training.

MCSO Detention Academy Agreement
MCSO Business Services

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 PCSO 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. PCSO 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 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

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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
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.

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. Faxed and copied
signatures are acceptable as original signatures.

MCSO Detention Academy Agreement
MCSO Business Services

The MCSO:

1.

PARTY RESPONSIBILITIES

Will provide training space as available for PCSO detention recruit officers to
attend scheduled Detention Officer Training Academies.

Reserves the right in its sole discretion to decide whether the PCSO recruits
maintain the academic standings necessary to continue in the Academy class.

Retains the right, in its sole discretion, to dismiss any recruit for training,
academic, ethical or disciplinary standards applicable to all Detention academy
participants.

Will provide PCSO 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.

Will treat PCSO recruits in the same manner as MCSO recruits for purposes of
training, academics, ethics and discipline.

Will require PCSO to investigate its recruits should a situation arise for an
Internal Affairs Investigation concerning the actions of one of its recruits.

Will bill PCSO non-refundable registration in the amount of $150, per registrant
for materials after the first full day of the academy until June 30, 2020 and
effective July 1, 2020 will bill PCSO $250 per registrant.

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.

Pinal County:

1.

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

Agrees to pay amounts cited in 7., above per registrant within 2 weeks of billing;
make amounts payable to Maricopa County; and reference “MCSO Detention
Training Academy” in the transaction detail.

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.

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

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the preceding will be necessary for the participant’s records prior to the academy

start.

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

signature set forth below.

ubdivision

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Date

Pinal County, a politic
of the Stat rizona

Anthony Smith
Chairman, Board\of Supervisors

ATTESY

Pinal County Sheriff’s Office

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Approved as to form:

a

County Attorney

MCSO Detention Academy Agreement
MCSO Business Services

Maricopa County, a political subdivision
of the State of Arizona

Clint Hickman Date
Chairman, Board of Supervisors

ATTEST:

Fran McCarroll, Date
Clerk of the Board

Maricopa County Sheriff's Office

Sf»
Paul Penzone, Date

Sheriff

Approved as to form:

Deputy County Attorney Date