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INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY AND GILA RIVER INDIAN COMMUNITY
REGARDING MARICOPA COUNTY SHERIFF'S OFFICE
SWORN BASIC TRAINING ACADEMY
C-50-22-_-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 RIVER INDIAN COMMUNITY (GRIC). a Native Sovereign Nation, on
behalf of its police department (GRIC PD}, collectively referred to as the "Parties." Under A.RS. §
11-952, which authorizes public agencies to enter into Intergovernmental Agreements, the Parties
enter into this IGA regarding participation in MCSO's Sworn Basic Training Academy.
RECITALS
MCSO offers Sworn Officer Basic Training Academy on an as-needed basis and generally has
space for additional participants and whereas GRIC has sworn employee recruits that are required
to be trained according to the State of Arizona Peace Officer Standard Training ("AZPOST").
AGREEMENT
Wherefore, the Parties enter into the following Agreement retroactive to July 1, 2021 through June
30, 2023, the Initial Term, upon Maricopa County Board of Supervisor approval.
MCSO will:
1.
Provide training space as available for GRIC PD recruit officers to attend
scheduled Sworn Basic Training Academy.
2.
Reserve the right in its sole discretion to decide whether the
GRIC PD recruits maintain the academic standings necessary to continue in the
academy class.
3.
Retain 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.
Provide GRIC original individual training records for each GRIC PD 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.
Treat GRIC PD recruits in the same manner as MCSO recruits for purposes of
training, academics, ethics and discipline.
6.
Require GRIC to investigate GRIC PD recruits should a situation arise for an
internal affairs investigation concerning the actions of a GRIC PD recruit.
7.
Bill GRIC a non-refundable registration in the amount of $750, payable to Maricopa
County, per GRIC PD recruit.
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8.
Review its costs annually and, if necessary, process amendments to this
Agreement for future increases, not later than April of each fiscal year (July 1 to
June 30), to be effective with the new fiscal year.
GRIC will:
1.
Understand and agree that the curriculum will consist of the standard
MCSO training program for MCSO, including MCSO's policies and procedures.
2.
Provide worker's compensation insurance, salary, benefits,
weapons, ammunition and uniforms for Gila River Indian Community PD recruits
and employees
3.
Ensure its employee participants have received infectious disease testing and
required immunizations and have undergone health related pre-requisites
applicable MCSO academy attendees prior to the first day of training. Proof ofthe
preceding requirements will be necessary for the participant's records prior to the
academy start.
Specific COVID-19 requirements:
Ensure that registrants are tested for COVID-19 with negative results
before the start of the academy within safe time parameters specified by
MCSO Training.
Ensure that required subsequent COVID-19 testing for current academy
participants occurs as directed by MCSO Training. CDC guidelines will be
followed for any participants testing positive.
4.
Agree to pay MCSO within 30 days of receipt of invoice.
5.
Accepts that there is no guarantee that any minimum number of candidates from
the GRIC PD 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.
The Parties agree:
1.
There are no amounts due from the previous training agreements
2.
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.
3.
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.
4.
Parties acknowledge that under this IGA no employee or participant of the GRIC
PD is to be considered a County employee, and that no rights of County merit,
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County retirement, or County personnel rules shall accrue to such individual. GRIC
PD 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.
5.
Each Party to this Agreement warrants compliance with the Immigration and
Nationality Act and all other federal immigration laws and regulations related to the
immigration status of its employees and as applicable with A.RS. §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 as
applicable 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 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.
6.
Each party shall comply with all applicable laws, ordinances, executive orders,
rules, regulations, standards, and codes of the federal, state, and local
government whether or not specifically referenced herein. As applicable to a
party, the party agrees 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. As applicable to a party, the party will complywith 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).
7.
In accordance with A.RS. § 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.
8.
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.RS. § 12-1518 relating to the use of arbitration.a. Nothing in this
Agreement shall be construed as a waiver of either Party's sovereign immunity,
and is not intended to impair, limit, or affect the status of any Party or its
sovereignty. This IGA may be amended only by the mutual written consent of
authorized representatives for all Parties and requires Maricopa County Board
and Gila River Indian Community City Council approval.
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9.
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.
10.
Notice is given that pursuant to A.RS. § 38-511 the Parties 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 Parties 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.RS § 38-511 the Parties 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 Parties from either Party to the contract
arising as the result of the Contract.
11 .
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.
12.
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.
13.
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.
14.
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.
15.
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.
16.
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 9.,
above.
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17.
Any notice to be given under this IGA shall be sent to the Parties listed below.
lfto MCSO:
Chief of Administration
Maricopa County Sheriff's Office
550 W Jackson, 5th Floor
Phoenix, AZ 85003
If to GRIC PD:
Gila River Indian Comm. Police Dept.
Administration
P.O. Box 2186
Sacaton, AZ 85247
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the date of
the last signature set forth below.
Gila River Indian Community,
a Native Sovereign Nation
BY:
MARICOPA County, a political subdivision
of the State of Arizona
BY:
<:..:__~§>~
~; 0 ,s,Governor •
Date
Chairman
Date
ATTEST:
~WbMi o~i.1
Date
Gila River Indian Community Police
Department
BY:
/;(:2cif/-
j /11 /-t,o·Z,(
Date
chief
Approved as to form:
~
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-
aico7mser:;_JJ&f!:; ~(
Date
Rev MCSO Sworn Basic Training Academy !GA
ATTEST:
Clerk of the Board
Maricopa County Sheriff
BY:
PaulPenzone
Sheriff
Approved as to form:
Deputy County Attorney
Date
Date
Date
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