IGA DEPT OF AG SWORN ACADEMY.PDF

Maricopa County — Formal (2020-02-12)

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INTERGOVERNMENTAL AGREEMENT BETWEEN 
MARICOPA COUNTY and ARIZONA DEPARTMENT OF AGRICULTURE (LIVESTOCK) 
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 ARIZONA DEPARTMENT OF AGRICULTURE (LIVESTOCK) 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 Arizona Department of 
Agriculture (Livestock'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 Arizona Department of Agriculture (Livestock) 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 the Arizona Department of Agriculture 
(Livestock) enter into the following Agreement effective January 1, 2020 through June 30, 2021, 
the Initial Term, upon Maricopa County Board of Supervisor approval. 
The MCSO: 
1. 
Will provide training space as available for ARIZONA DEPARTMENT OF 
AGRICULTURE (LIVESTOCK) recruit officers to attend scheduled Sworn Basic 
Training Academies. 
2. 
Reserves the right in its sole discretion to decide whether the ARIZONA 
DEPARTMENT OF AGRICULTURE (LIVESTOCK) 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 ARIZONA DEPARTMENT OF AGRICULTURE (LIVESTOCK) original 
individual training records for each ARIZONA DEPARTMENT OF AGRICULTURE 
(LIVESTOCK) 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 ARIZONA DEPARTMENT OF AGRICULTURE (LIVESTOCK) recruits in 
the same manner as MCSO recruits for purposes of training, academics, ethics 
and discipline. 
6. 
Will require ARIZONA DEPARTMENT OF AGRICULTURE (LIVESTOCK) to 
investigate ARIZONA DEPARTMENT OF AGRICULTURE (LIVESTOCK) recruits 
should a situation arise for an Internal Affairs Investigation concerning the actions 
of a ARIZONA DEPARTMENT OF AGRICULTURE (LIVESTOCK) recruit. 
MCSO Sworn Training Academy

MCSO (continued) 
7. 
Will bill ARIZONA DEPARTMENT OF AGRICULTURE (LIVESTOCK) Department 
a non-refundable registration in the amount of $500, payable to Maricopa County, 
per ARIZONA DEPARTMENT OF AGRICULTURE (LIVESTOCK) registrant after 
the first full day of the academy through June 30, 2020. Beginning July 1, 2020, 
the registration will increase to $750 per registrant. 
8. 
The MCSO 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. 
The Arizona Department of Agriculture (Livestock): 
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 and uniforms for ARIZONA DEPARTMENT OF 
AGRICULTURE (LIVESTOCK) 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 
inderrinitee 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 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 
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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 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). 
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. In the event that 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. 
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a
y2-e) 
D 
Date 
BY: 
Chairman 
ATTEST: 
Fran McCarroll 
Date 
Date 
Authorized Sig 
ATTEST: 
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. 
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. 
13. 
Any notice to be given under this IGA shall be sent to the Parties listed below. 
If to MCSO: 
Chief of Administration 
Maricopa County Sheriff's Office 
550 W Jackson, 5th Floor 
Phoenix, AZ 85003 
If to ARIZONA DEPARTMENT OF 
AGRICULTURE (LIVESTOCK): 
Chief Livestock Officer, Richard Shore 
Arizona Department of Agriculture 
(Livestock) 
1688 W. Adams Street 
Phoenix, AZ 85007 
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the date of 
the last signature set forth below. 
Arizona Department of Agriculture (Livestock) MARICOPA County, a political subdivision 
of the State of Arizona 
Clerk of the Board 
Maricopa County Sheriff 
BY: 
Paul Penzone 	
Date 
Sheriff 
Approved as to form: 	
Approved as to form: 
na Attorney General's Office Date 	
Deputy County Attorney 	Date 
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