FINAL DRAFT IGATEMPEPDSWORNTRNG TEMPE SIGNED.PDF

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INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY AND CITYOF TEMPE
REGARDING MARICOPA COUNTY SHERIFF’S OFFICE
BASIC TRAINING ACADEMY
C-50- -__-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 CITY OF TEMPE PD, an Arizona municipal corporation, (“Tempe”) on behalf of
its police department, 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 City of Tempe Police Department, “Tempe PD,” 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 Tempe has sworn employee recruits that are required
to be trained according to the State of Arizona Peace Officer Standard Training (‘AZPOST’).
Parties agree to the following terms and conditions.

AGREEMENT

This agreement is effective April 1, 2024 through March 31, 2026, the Initial Term, upon Maricopa
County Board of Supervisor approval.

MCSO will:

1. Provide training space as available for Tempe PD recruit officers to attend
scheduled Sworn Basic Training Academy.

2. Reserve the right in its sole discretion to decide whether the Tempe 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 Tempe original individual training records for each Tempe 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 Tempe PD recruits in the same manner as MCSO recruits for purposes of
training, academics, ethics and discipline.

6. Require Tempe to investigate Tempe PD recruits should a situation arise for an
internal affairs investigation concerning the actions of a Tempe PD recruit.

7. Bill Tempe a non-refundable registration in the amount of $750, payable to

Maricopa County, per Tempe PD recruit.

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Tempe will:

1.

Review its costs and charges as needed 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.

Understand and agree that the curriculum will consist of the standard
MCSO training program for MCSO, including MCSO’s policies and procedures.

Provide required training supplies such as, but not limited to, weapons,
ammunition, devices, and uniforms for Tempe PD recruits and employees
participating in MCSO Sworn Training Academy.

Ensure its employee participants have received infectious disease testing and
required immunizations and have undergone health related pre-requisites
applicable to MCSO academy attendees, if any, prior to the first day of training.
Proof of the preceding requirements will be necessary for the participant's records
prior to the academy start.

CDC and Maricopa County guidelines will be followed concerning COVID-19.

Pay MCSO within 30 days of receipt of invoice.

Accept that there is no guarantee that any minimum number of candidates from
the Tempe PD will be accepted to attend the academy. MCSO candidates have

enrollment priority and enrollment is based on MCSO’s determination of
appropriate space/resource availability.

The Parties agree:

Each Party (as “indemnitor") agrees to indemnify, defend, and hold harmless the
other Party (as “indemnitee") and MCSO affiliates 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, affiliates or volunteers.

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.

Parties acknowledge that under this IGA no employee or participant of the Tempe
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.
Tempe 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. Tempe shall also be
responsible for automobile liability for its recruits and employees related to
participation in Sworn Training Academy activities.

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4. 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 shail 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 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 any and all remedies allowed by law. Nothing set out herein shall make any
subcontractor an agent or employee of either Party.

5. 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. 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).

6. 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 for five (5) years after
completion of this Agreement. Upon request, Party shall produce original of any
and all such records.

7 Any litigation arising from the IGA 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

8. This 1GA may be amended only by the mutual written consent of authorized
representatives for all Parties and requires Maricopa County Board and Tempe
City Council approval.

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,

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10.

11.

12.

13.

14.

15.

provided that MCSO continues to have sufficient staffing and other resources to
continue the training until! that date.

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.

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.

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.

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.

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.

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.
If to MCSO: If to Tempe PD:
Chief of Administration Tempe Police Dept.
Maricopa County Sheriff's Office Lt. Steven Carbajal
550 W Jackson, 5'* Floor 120 E. 5th Street
Phoenix, AZ 85003 Tempe, AZ 85281

IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the date of

the last signature set forth below.

City of Tempe, an Arizona MARICOPA County, a political subdivision
Municipal Corporation of the State of Arizona
BY: (/ BY:
1a hh
Corey D. Woods 7 /Date Jack Sellers Date
Mayor Chairman
ATTEST:
ATTEST:
ith i hbuntlui HAY REY Juanita Garza Date
Kara A. DeArrastia Date Clerk of the Board
City Clerk
City of Tempe Police Department Maricopa County Sheriff's Office
BY: BY:
K Date Russ Skinner Date
Chief Sheriff
Approved as to form: Approved as to form:
_Atic Anderson Date Deputy County Attorney Date
# City Attorney

Rev MCSO Sworn Basic Training Academy IGA