MCSO AND FRANKLIN POLICE & FIRE HIGH SCHOOL MOU REV2.PDF
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I. Purpose
MEMORANDUM OF UNDERSTANDING BETWEEN
MARICOPA COUNTY
ON BEHALF OF THE
MARICOPA COUNTY SHERIFF'S OFFICE
AND
FRANKLIN POLICE AND FIRE HIGH SCHOOL,
PHOENIX UNION HIGH SCHOOL DISTRICT
FOR
Maricopa County Youth Cadet Post
C-50-22-
-x-00
This Memorandum of Understanding ("MOU") intends to establish a long-lasting
professional partnership between the Maricopa County Sheriffs Office Cadet Program
(hereafter referred to as MCSO) and Franklin Police and Fire High School and Phoenix
Union High School District (hereafter referred to as "PUHSD"). The partners will
work together to educate and engage local high school students with hands-on
experience in law enforcement. This program will introduce students to possible career
and employment opportunities within MCSO and other local law enforcement
agencies. MCSO is dedicated to preparing young men and women for not only a career
in law enforcement, but also to be successful in life. This is accomplished by
developing
a fundamental
understanding
of leadership, responsibility
and
accountability concepts. We are proud to offer a program that sets youth up for success
in law enforcement and in life. This program is a community-based policing program
and is designed to educate and involve young men and women in law enforcement
functions whether they enter the field or not.
II. Background
a) The MCSO Cadet Program provides opportunities that begin in high school,
where education is supplemented with employment and vocational certifications,
enhancing career development and increasing the success rate of students
obtaining employment upon graduation.
b) As a Cadet. young adults will have the opportunity to assist the Maricopa County
Sheriffs Office. Cadets can broaden their understanding and firsthand knowledge
of the challenges and job skills that make up their community's law enforcement
service. In addition to gaining a working knowledge of police work, the
participants will have the opportunity to give of themselves to the community.
c) Cadets do not serve as county employees, sworn or civilian. Cadets are not
afforded workers compensation or any other type of insurance coverage under
Maricopa County policies. Cadets· acts and omissions are not covered by the
County Risk Trust.
d) The Cadets receive specialized law enforcement tra1111ng. attend weekly
meetings and volunteer to perform important community services. Along the
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way. they learn to work as a team. they gain leadership skills. and they serve the
community. The Maricopa County Sheriffs Office Cadet Program instills ethical
development for those who may be interested in an eventual career in law
enforcement.
Ill.
Responsibilities
This Agreement does not imply authority to perform any tasks, or acceptance responsibility, not
expressly stated in this Agreement. This Agreement does not create a duty or responsibility unless
the intention to do so is clearly and unambiguously stated in the Agreement.
a) MCSO
1) MCSO will provide the necessary training and equipment for classroom
instruction and field exercises.
2) MCSO will introduce and represent mentorship and career opportunities
available in law enforcement.
3) MCSO will provide classroom and field instruction by professional Law
Enforcement Officers and peer fitness instructors.
4) MCSO Cadet Program employees and volunteers will comply with all
PUHSD requirements that include:
•
Fingerprinting requirements for volunteers.
•
Ensuring all volunteers are 21 years of age and older.
5) For purposes of the agreement, each Party shall have the status of an
independent contractor. This agreement is not intended to create or
otherwise recognize ajoint venture, partnership, or formal business
association or organization of any kind and the rights and obligations of
the Parties shall only be those expressly set forth in this agreement.
The Parties agree that no person supplied by the District or MCSO to
accomplish the goals of this agreement is an employee of the other Party
or accrues any rights as such.
b) Franklin Police and Fire High School and Phoenix Union School District
I)
Franklin will provide the classroom and meeting space for MCSO to
facilitate and teach law enforcement training and activities.
2)
Before the program begins, Franklin will provide signed permission
slips/waivers of liability signed by the student's parent/guardian
acknowledging the risk of bodily injury to participant and waiving
liability against MCSO for any injuries participant may sustain when
participating in the program.
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JV.
It is mutually understood and agreed bv and bet.veen the parties that:
V.
a) The patiies agree that student employment is not promised nor guaranteed
following the program.
b)
The parties agree that this partnership is solely educational, and experience
based. This MOU does not obligate any funds.
c)
The parties agree to regularly evaluate the operation and progress of the
collaborative effort and make appropriate modifications to improve the quality of
services to youth.
Compliance with Non-Discrimination Laws
All parties shall comply with applicable provisions of the Title Vil of the Civil
Rights
Act of 1964 and State Executive Order 75-5. which mandates that all persons,
regardless of race, color, religion. sex. age, gender, national origin or political
affiliation, shall have equal access to educational and employment opportunities (if
provided).
VI.
Term and Termination Provision and Conflict ofl nterest
a) The term of this MOU is three four years, commencing retroactive to
March I, 202 l through March 3 I, 2025, "Initial Term," and is effective upon
signatures of all parties.
b) Following the Initial Term, this MOU may be extended for up to three, one-year terms
upon written mutual consent of the parties and approval of the Board of Supervisors.
Written requests to the other party to extend or cancel is required by February 1 of
each one-year term beginning February I, 2025.
c) If it becomes necessary for either party to terminate this Agreement or
participation in the collaborative effort for financial or other reasons, the
organization agrees to give the other party thirty (30) days written notice of its
intent to terminate.
d) This Agreement may be terminated for Conflict of Interest pursuant to the terms of
A.R .S. 38-5 11.
e) Within thirty days of termination of this MOU, all property shall be returned to the
purchasing party.
VII.
Liabilities/Waivers and Indemnification:
a) MCSO shall, to the extent permitted by law, investigate, defend, indemnify and
hold harmless the Phoenix Union High School District, its officers, agents and
employees from acts of MCSO and the Cadets who are acting under the
direction and control of MCSO at the time of the alleged incident from
and against any and all loss, damage, liability, claims, demands, detriments, costs,
charges and expenses (including attorney's fees) and causes of action of which
the Phoenix Union High School District may incur, sustain or be subjected to on
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account of loss or damage to property or loss of use thereof, or for bodily injury
to or death of any person (including but not limited to property, employees,
subcontractors, agents and invitees of each Party hereto) arising out of, or alleged
to have resulted from the negligent acts, errors, omissions, or mistakes relating to the
perfonnance of this Contract.
b) MCSO agrees to maintain at its sole costs and expense during the entire tenn of this
agreement, Insurance coverage as required by Phoenix Union High School District
through the County Self-Insured Risk Trust. MCSO will provide Phoenix Union High
School district with a Certificate of Insurance for liability insurance in the amount of
at least $1,000,000 per occurrence. The insurance will cover acts and omission of
cadets and other County-authorized volunteers participating under this contract who
were acting under the control and direction of MCSO at the time of any alleged
incidents giving rise to coverage.
Volunteers' and cadets' actions conducted
independent from MSO direction and supervision will not be covered.
VIII.
E-Verify
As mandated by Arizona Revised Statutes 41-440 I, Phoenix Union High School District is
prohibited from entering a contract to any contractor who fails. or whose subcontractors fail,
to comply with Arizona Revised Statutes 23-214 .A. By signing this Agreement, MCSO
warrants compliance with the Federal Immigration and Nationality Act and all other Federal
immigration laws and regulations related to the immigration status of its employees. By entering
into an Agreement with PUHSD, MCSO agrees to obtain statements from its employees
certifying compliance and shall furnish the statements to the Procurement Officer upon
request. These warranties shall remain in effect through the term of the Agreement. MCSO
and its subcontractors shall also maintain Employment Eligibility Verification forms (1-9) as
required by the U. S. Department of Labor's Immigration and Control Act, for all employees
performing work under this Agreement.
IX.
Public Records
Notwithstanding any other provision of this Agreement to the contrary, the Parties acknowledge
that they are subject to A.R.S. 39-121 through 39-128 regarding public records. Any provision
regarding confidentiality is limited to the extent necessary to comply with the provisions of
Arizona law.
X.
Confidentialitv
The Parties agree that each Party retains ownership of its Data, and that the County retains
ownership of Data shared with the other party. Neither Party may release, store, save,
disseminate or otherwise use the Parties shared Data in any manner or fonn not necessary to
implement this agreement.
The Parties agree that each Party is responsible for safely maintaining the integrity and
confidentiality of the other Party's Data received or under its control as a result of the Agreement.
Each Party will immediately notify the other Party upon discovery of a breach of the Data and
will work cooperatively with the other Party to terminate, minimize, and resolve the breach.
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XI.
Notices
Formal notices between MCSO and the District shall be deemed sufficiently given if hand
delivered or dispatched by registered or certified mail, return receipt requested, postage
prepaid, and addressed as follows:
Maricopa County Sheriffs Office
James Prindiville
Executive Chief Financial Officer
550 W Jackson Street
Phoenix, AZ 85003
602-876-1614; j prindiville@mcso.maricopa.gov
Phoenix Union High School District
Sherry Celaya
Chief Financial Officer
4502 North Central A venue
Phoenix, Arizona 85012
602-764-1410 scelaya@Pho enixUnion .org
XII.
Entire Agreement
This agreement constitutes the entire understanding between the parties. There shall be no
oral alteration or modification of this agreement. The agreement and its terms may not be
modified or changed except in writing, approved and signed by both Parties.
XIII.
FERPA Compliance
Both Parties will ensure that the dissemination and disposition of any educational records
complies at all times with the Family Education Rights and Privacy Act of 1974 and any
subsequent amendments thereto.
XIV.
Applicable Law
This agreement shall be governed by and construed in accordance with the laws of the State of
Arizona. The Pa1ties agree that the venue for any claim arising out of any or in any way related to
this Agreement shall be Maricopa County, Arizona.
This Agreement is subject to the provisions of A.R.S. § 12-1518 relating to the use of arbitration.
XV. Compliance with Applicable Laws
Each Party shall comply with all applicable laws, ordinances, Executive Orders, rules,
regulations, standards, and codes of federal, state, local governments and Governing Board
Policies, whether or not specifically referenced in this agreement.
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XVI. Signatures
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.
The Parties hereto have executed
this MOU on the dates shown below:
Franklin Police and Fire High School
Phoenix Union High School District
Gooa
7/1
Member
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MARICOPA COUNTY
Board of Supervisors
Chairman
Attest:
Clerk of the Board
Approved as to form:
Deputy County Attorney
Paul Penzone, Sheriff
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