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MCSO Sworn Training Academy
INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY and COCONINO 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 the COCONINO COUNTY, a political subdivision of the State of Arizona on behalf of
the SHERIFF’S OFFICE, “CCSO,” 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 CCSO’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 CCSO 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 Coconino County on behalf of the CCSO
enter into the following Agreement effective May 15, 2020 through June 30, 2022, the Initial Term,
upon Maricopa County Board of Supervisor approval.
The MCSO:
1.
Will provide training space as available for CCSO recruit officers to attend
scheduled Sworn Basic Training Academies.
2.
Reserves the right in its sole discretion to decide whether the CCSO 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 CCSO original individual training records for each CCSO 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 CCSO recruits in the same manner as MCSO recruits for purposes of
training, academics, ethics and discipline.
6.
Will require CCSO to investigate CCSO recruits should a situation arise for an
Internal Affairs Investigation concerning the actions of a CCSO recruit.
7.
Will bill CCSO Department a non-refundable registration in the amount of $500,
payable to Maricopa County, per CCSO registrant after the first full day of any
academy class that begins prior to June 30, 2020 and $750 per registrant for any
academy class that begins July 1, 2020 and after.
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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 CCSO:
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 CCSO 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
(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.
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
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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 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 and scanned
signatures are acceptable as original signatures.
11.
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.
12.
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.
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MCSO Sworn Training Academy
13.
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.
14.
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.
15.
Any notice to be given under this IGA shall be sent to the Parties listed below.
If to MCSO:
If to CCSO:
Chief of Administration
Commander Rex Gilliland
Maricopa County Sheriff’s Office
Operations Commander
550 W Jackson, 5th Floor
Coconino County Sheriff’s Office
Phoenix, AZ 85003
911 E Sawmill Road
Flagstaff, AZ 86001
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the date of
the last signature set forth below.
Coconino County, a political subdivision
MARICOPA County, a political subdivision
of the State of Arizona
of the State of Arizona
BY:
BY:
_______________________________
_______________________________
Liz Archuleta Date
Clint Hickman
Date
Chair
Chairman
ATTEST:
ATTEST:
______________________________
_______________________________
Lindsay Daley
Date
Fran McCarroll
Date
Clerk of the Board
Clerk of the Board
Coconino County Sheriff
Maricopa County Sheriff
BY:
BY:
_______________________________
_________________________________
Jim Driscoll Date
Paul Penzone Date
Sheriff
Sheriff
Approved as to form:
Approved as to form:
________________________________
________________________________
County Attorney
Date
Deputy County Attorney Date