FINAL IGA_MESAR_MCSO_DETACAD.PDF
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MCSO Detention Academy Agreement
MCSO Business Services
INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY ON BEHALF OF THE MARICOPA COUNTY SHERIFF’S OFFICE
AND CITY OF MESA FOR MCSO DETENTION OFFICER TRAINING ACADEMY
C-50-24- ____ -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 Maricopa County Sheriff’s Office,
(“MCSO”), and City of Mesa, an Arizona Municipality, for Mesa Police Department (“Mesa PD”),
“Parties.”
Whereas MCSO conducts Detention Officer Training Academies on an as-needed basis and
regularly has sufficient space for additional participants, and whereas the Mesa PD detention
recruits are required to be formally trained in an acceptable training program and the Mesa PD
does not have its own detention or corrections training academy, the Parties enter into this IGA.
Party Responsibilities
The MCSO will:
1.
Provide training space as available after MCSO’s training space needs have been
met for Mesa PD detention recruit officers to attend scheduled Detention Officer
Training Academies.
2.
Reserve the right in its sole discretion to decide whether the Mesa 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 Detention academy participants.
4.
Provide Mesa PD original individual training records for each of its recruits upon
completion of the MCSO Academy or termination of a recruit’s attendance at the
MCSO Academy.
5.
Treat Mesa PD recruits in the same manner as MCSO recruits for purposes of
training, academics, ethics and discipline.
6.
Require Mesa PD to investigate its recruits should a situation arise for an Internal
Affairs Investigation concerning the actions of one of its recruits.
7.
Bill Mesa PD a non-refundable registration in the amount of $250 per registrant
after the first day of training.
8.
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
(July 1 to June 30) year.
Mesa PD will:
1.
Accept that there is no guarantee that any minimum number of candidates from
the Mesa PD will be able to attend the academy. Enrollment is limited to
space/resource availability and MCSO candidates have enrollment priority.
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MCSO Business Services
2.
Understand and agree that the curriculum will consist of the standard MCSO
training program for MCSO and that the curriculum shall focus on the policies and
procedures of the MCSO.
3.
Provide applicable items for Mesa PD recruits depending on the requirements for
the detention basic training.
4.
Ensure its employee participants have received infectious disease testing and
required immunizations and have undergone health related pre-requisites
applicable to MCSO academy attendees prior to the first day of training. Proof of
the preceding will be necessary for the participant’s records prior to the academy
start.
CDC guidelines concerning COVID 19 will be applicable for all participants.
5.
Pay amounts cited in 7., above per registrant within 30 days of receipt of invoice
and make amounts payable to Maricopa County; and reference “MCSO Detention
Training Academy” in the transaction detail.
General Provisions
1.
This IGA shall have an initial 2-year term beginning July 1, 2024 through June 30,
2026. Following the initial term, this IGA will automatically renew for up to two,
one-year terms unless canceled or terminated.
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 Mesa
PD 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. Mesa
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 (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
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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 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 specifically referenced herein. The Parties agree that there
will be no discrimination as to race, sex, religion, color, age, creed, or national
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).
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 of Arizona for five (5)
years after completion of this Agreement. Upon request, Party shall produce
original of 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 IGA may be amended only by the mutual written consent of authorized
representatives for all Parties and requires Maricopa County Board and City of
Mesa approval.
10.
Except as otherwise provided herein, this IGA may be terminated at any time by
either Party by mailing or e-mailing the other Party notice of termination within
(30) days prior to the effective date of said termination or as otherwise agreed to
by the Parties in writing. 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 if MCSO continues to
have sufficient staffing and other resources to continue the training until that
date.
11.
Either party has the right to terminate this IGA without liability to the non-
terminating party by delivering to the non-terminating party written notice of
termination at least thirty (30) days prior to the effective date of said termination
or as otherwise agreed to by the Parties in writing.
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12.
Either party has the right to terminate this IGA upon twenty-four (24) hour notice
when it is deemed the health or welfare of the service recipients is endangered.
13.
If this IGA is terminated prior to expiration of its stated term, any funds advanced
shall be refunded within ten (10) days after the effective date of such early
termination; however, there shall be no obligation to refund any monies
representing tuition for participants who have attended the first day of training.
14.
Termination or suspension of this IGA by either party shall not terminate or
otherwise affect the obligations of the parties to provide indemnification and to
maintain and permit inspection of records as provided herein.
15.
Notice is given that pursuant to A.R.S. § 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.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.
16.
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.
17.
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.
18.
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.
19.
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.
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Notices:
Any notice to be given under this IGA shall be sent to the Parties listed below.
If to MCSO:
If to City of Mesa Department:
Chief, Administration
Nancy Sorensen, Police Staff Attorney
Maricopa County Sheriff’s Office
City of Mesa
550 W Jackson
130 N. Robson
Phoenix, Arizona 85003
Mesa, AZ 85201
IN WITNESS WHEREOF, the Parties hereto have entered into this IGA as of the date of the last
signature set forth below.
City of Mesa, an Arizona Municipality
_________________________ ________
Christopher Brady
Date
City Manager
ATTEST:
_________________________ ________
DeeAnn Mickelsen
Date
City Clerk
City of Mesa Police Department
__________________________ ________
Kenneth Cost
Date
Chief of Police
Approved as to form:
__________________________ ________
City Attorney
Date
Maricopa County, a political subdivision
__________________________ ________
Jack Sellers,
Date
Chairman, Board of Supervisors
ATTEST:
__________________________ ________
Juanita Garza
Date
Clerk of the Board
Maricopa County Sheriff’s Office
__________________________ ________
Russ Skinner,
Date
Sheriff
Approved as to form:
__________________________ ________
Deputy County Attorney Date