IGA PINAL COUNTY SWORN BASIC ACADEMY 2020.PDF
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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY and PINAL COUNTY REGARDING MARICOPA COUNTY SHERIFF'S OFFICE BASIC TRAINING ACADEMY C-50-20- -3-00 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 PINAL COUNTY, a political subdivision of the State of Arizona on behalf of the SHERIFF'S OFFICE, "PCSO," 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 PCSO's participation in MCSO's Sworn Basic Training Academy. Whereas MCSO offers Sworn Officer Basic Training Academies on an as-needed basis and generally has space for additional participants and Whereas the PCSO 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 (AZPOST). Therefore, Maricopa County on behalf of the MCSO and PINAL County on behalf of the PCSO enter into the following Agreement effective July 1, 2020 through June 30, 2022, the Initial Term, upon Maricopa County Board of Supervisor approval. This Agreement supersedes agreement (C-50-20-032-3-00) approved in December 2019. The MCSO: 1. Will provide training space as available for PCSO recruit officers to attend scheduled Sworn Basic Training Academies. 2. Reserves the right in its sole discretion to decide whether the PCSO 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. Will provide PCSO original individual training records for each PCSO 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 PCSO recruits in the same manner as MCSO recruits for purposes of training, academics, ethics and discipline. 6. Will require PCSO to investigate PCSO recruits should a situation arise for an Internal Affairs Investigation concerning the actions of a PCSO recruit. 7. Will bill PCSO a non-refundable registration in the amount of $750, payable to Maricopa County, per PCSO registrant after the first full day of any academy class. 1 MCSO Sworn Training Academy 8. The MCSO will review its costs annually and process amendments to this Agreement for future increases, not later than April 30 of each fiscal year, to be effective with the new fiscal year beginning July 1. The PCSO: 1 Understands and agrees that the curriculum will consist of the standard MCSO training program for MCSO, including MCSO's policies and procedures. 2. Will provide worker's compensation insurance, salary, benefits, weapons, ammunition, uniforms, and any require PPE supplies for PCSO recruits. 3. Agrees to pay MCSO within 30 days of receipt of invoice. 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 3. 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 (1-9) 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. 1-9 forms are available for download at USC1S.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. 4. 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 specifically referenced herein. The Parties agree that there will be no discrimination as to race, sex, religion, color, age, creed, or national 2 MCSO Sworn Training Academy origin regarding 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). 5. 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. 6. 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. 7 This IGA may be amended only by the mutual written consent of authorized representatives for all Parties and requires Board approval. 8. 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. If 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. 9. Notice is given that pursuant to A.R.S. § 38-511 the County 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 County 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 County 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 County from any other party to the contract arising as the result of the Contract. 10. 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. 11. Any property acquired during the term of this IGA shall be returned to the purchasing Party no more than thirty (30) calendar days from the effective date of termination of this IGA. 12. 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 8., above. 3 MCSO Sworn Training Academy BY: BY: / 1 COI2DX Anthony Smith Date Clint Hickman Chairman Chairman ATTEST: 1202o Fran McCarroll Date Clerk of the Board ATTEST: Nat ha Ken dy Clerk of the Board Date Maricopa County Sheriff Paul Penzone Sheriff Approved as to form: Deputy County Attorney Date Date FINAL County ShRriff Approved as to form: County ttorney 13. 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. E-signed, faxed, copied and scanned signatures are acceptable as original signatures. 14. Any notice to be given under this IGA shall be sent to the Parties listed below. Any notice to be given under this IGA shall be sent to the Parties listed below. If to MCSO: Chief of Administration Maricopa County Sheriffs Office 550 W Jackson, 5th Floor Phoenix, AZ 85003 If to PCSO: Commander Support Services Bureau Final County Sheriffs Office 31 N Final Street Florence, AZ 85132 IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the date of the last signature set forth below. PINAL County, a political subdivision MARICOPA County, a political subdivision of the State of Arizona of the State of Arizona Date MCSO Sworn Training Academy 4