IGA - PINAL COUNTY SO SWORN ACADEMY.PDF
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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY and PINAL COUNTY REGARDING MARICOPA COUNTY SHERIFF’S OFFICE BASIC TRAINING ACADEMY C-50-26-___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 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. RECITALS MCSO offers Sworn Officer Basic Training Academy on an as-needed basis and generally has space for additional participants whereas PCSO has sworn employee recruits that are required to be trained according to the State of Arizona Peace Officer Standard Training (“AZPOST”). AGREEMENT This agreement is effective May 1, 2026, through April 30, 2028, the Initial Term, upon Maricopa County Board of Supervisor approval. MCSO Will: 1. 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. Provide PCSO original individual training records for each PCSO recruit upon completion of the MCSO Academy or termination of the recruits’ attendance at the MCSO Academy. MCSO will maintain records of the lesson plans, class rosters, and other documentation common to the class as a whole consistent with the requirements of State law. 5. Treat PCSO recruits in the same manner as MCSO recruits for purposes of training, academics, ethics and discipline. 6. Require PCSO to investigate PCSO recruits, should a situation arise for an Internal Affairs Investigation concerning actions of a SRPD recruit. 7. Through June 30, 2026, bill PCSO a non-refundable registration in the amount of $750, payable to Maricopa County, per PCSO recruit. After June 30, 2026, bill PCSO a non- refundable registration in the amount of $1,500, payable to Maricopa County, per PCSO recruit. 8. Review its costs and charges as needed and process amendments to this Agreement for future increases, not later than April or each fiscal year (July 1 to June 30), to be effective with new fiscal year. PCSO 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, automobile liability, salary, benefits, weapons, ammunition, devices and uniforms for PCSO recruits and employees participating in the MCSO Sworn Training Academy. 3. Pay MCSO within 30 days of receipt of invoice. 4. Accept that there is no guarantee that any minimum number of candidates from the PCSO will be accepted to attend the academy, because enrollment is based on MCSO’s determination of appropriate space/resource availability and because MCSO candidates have enrollment priority. 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. 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. 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 Agreement no employee or participant of the PCSO is to be considered a County employee, and that no rights of County merit, County retirement, or County personnel rules shall accrue to such individual. PCSO 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. PCSO shall also be responsible for automobile liability for its recruits and employees related to participation in Sworn Training Academy activities. 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.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 as applicable, verify every 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. 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 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). 7. 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 five (5) 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.R.S. §12-1518 relating to the use of arbitration. 9. This Agreement may be amended only by the mutual written consent of authorized representatives for all Parties and requires Board approval. 10. This Agreement 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 shall not become effective with respect to the current recruits then enrolled in a training rotation until the recruits’ training is completed, providing that MCSO continues to have sufficient staffing and other resources to continue the training until that date. 11. Notice is given that pursuant to A.R.S. §38-3511 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 of 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 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. 12. This Agreement 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. 13. This document is the complete and exclusive document 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. 14. Any provisions 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 item, 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 10 above. 17. Any notice to be given under this IGA shall be sent to the Parties listed below. If to MCSO: If to Pinal County Sheriff’s Office Maricopa County Sheriff’s Office Commander Chief of Administration Support Services Bureau 550 W. Jackson, 5th Floor Pinal County Sheriff’s Office Phoenix, AZ 85003 31 N Pinal 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 of the MARICOPA County, a political subdivision State of Arizona of the State of Arizona BY: BY: ____________________________________ _____________________________________ Jeffrey McClure Date Kate Brophy McGee Date Chair of the Board ATTEST: ATTEST: _____________________________________ ______________________________________ Date Juanita Garza Date Clerk of the Board Pinal County Sheriff Maricopa County Sheriff BY: BY: _____________________________________ ______________________________________ Ross Teeple Date Jerry Sheridan Date Sheriff Approved as to form: Approved as to form: ______________________________________ _______________________________________ County Attorney Date Deputy County Attorney Date