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HomeMy WebLinkAboutRES 22-47 { f i i i RESOLUTION NO. 22-47 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL ' AGREEMENT WITH MARICOPA COUNTY FOR PARTICIPATION IN IT' S DETENTION OFFICER BASIC TRAINING ACADEMY. i WHEREAS, the Maricopa County Sheriff' s Office ("MCSO") operates a detention officer training academy; and WHEREAS, MCSO typically has space for additional participants from other law enforcement agencies.; and WHEREAS, the Apache Junction Police Department ("AJPD") does not have its own training academy; and WHEREAS, pursuant to A.R. S. § 11-952 (A) , public entities may enter into intergovernmental agreements with other governmental entities for joint or cooperative activities; and WHEREAS, AJPD and MCSO have crafted the legal arrangement in the form of the attached intergovernmental agreement which sets forth the terms and conditions of the services and obligations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1) The mayor and city council approve the form of the intergovernmental agreement, as set forth in Attachment A; and the city police chief is hereby authorized to sign the agreement on behalf of the City. 2) The police chief and/or his designee is authorized and directed to take any and all other steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the agreement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 1,5 DAY OF /)pVe,,n , 2022 . SIGNED AND ATTESTED TO THIS �A5 DAY OF i)0Ve i11Ve', 2022 . RESOLUTION NO. 22-47 PAGE 1 OF 2 WALTER "eHIP" WILSON Mayor ATTEST: 10A ,5&-N I FEkl VP ENA City Cldr k APPROVED AS TO FORM: 64 RICHARD J. STERN City Attorney RESOLUTION NO. 22-47 PAGE 2 OF 2 ATTACHMENT A 4 i i i INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ON BEHALF OF THE MARICOPA COUNTY SHERIFF'S OFFICE AND CITY OF APACHE JUNCTION j FOR MCSO DETENTION OFFICER TRAINING ACADEMY C-50-23- -X-00 Pursuant to the powers granted by A.R.S. § 11-952, 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 Sheriffs Office, ("MCSO"),and City of Apache Junction,an Arizona Municipality,for Apache Junction Police Department("Apache Junction PD.'), "Parties." This IGA is effective when signed by the Parties. Whereas MCSO conducts Detention Officer Training Academies on an as-needed basis and ' regularly has sufficient space for additional participants, and whereas the Apache Junction PD detention recruits are required to be formally trained in an acceptable training program and the Apache Junction PD does not have its own detention or corrections training academy,the Parties enter into this IGA. Party Responsibilities E i The MCSO will: 1. Provide training space as available after MCSO's training space needs have been met for Apache Junction PD detention recruit officers to attend scheduled Detention Officer Training Academies. 2. Reserve the right in its sole discretion to decide whether the Apache Junction 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 Apache Junction PD original individual training records for each of its i recruits upon completion of the MCSO Academy or termination of a recruit's attendance at the MCSO Academy. i 5. Treat Apache Junction PD recruits in the same manner as MCSO recruits for purposes of training, academics, ethics and discipline. 6. Require Apache Junction PD to investigate its recruits should a situation arise for an Internal Affairs Investigation concerning the actions of one of its recruits. 7. Bill Apache Junction PD a non-refundable registration in the amount of$250 per registrant after the first day of training. 8. 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 j effective with the new fiscal year. i { 1 MCSO Detention Academy Agreement MCSO Business Services i t i City of Apache Junction: 1. Accepts there that there is no guarantee,that any minimum number of candidates from the City of Apache Junction 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. 2. Understands and agrees 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. Will provide applicable uniform items, supplies and devices for Apache Junction PD recruits depending on the requirements for the detention basic training. E 4. Will 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. Understands that CDC guidelines concerning COVID 19 will be applicable for all participants. 5. Will 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 and will send payment to this address or as instructed on the invoice: i Maricopa County Sheriffs Office Financial Services Division 550 W.Jackson Street 4th Floor Phoenix,AZ 85003 i General Provisions 1 1. This IGA shall have an initial term beginning October 1,2022,through September 30, 2024, and is effective when signed by the Parties. Following the initial term, this IGA will automatically renew for up to two, one-year terms unless canceled or terminated. i 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. ' 2 MCSO Detention Academy Agreement MCSO Business Services i i 4. Parties acknowledge that under this IGA no employee or participant of the Apache Junction 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. Apache Junction 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 (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 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 Parry'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). j 7. In accordance with A.R.S. §35-214, all books,accounts, reports,files, electronic 1 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 Apache Junction approval. 3 MCSO Detention Academy Agreement MCSO Business Services f I 10. This IGA may be terminated at any time by either Party by mailing or e-mailing F the other Party notice of termination within(2)months in advance of the requested date of termination. If a Party decides to terminate this IGA,the I 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. 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. 12. 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. 13. 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 j 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. 14. 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. i 15. 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. 16. Any provision of this IGA which'is determined to be invalid, void or illegal shall in i no way affect, impair or invalidate any other provision hereof, and remaining provisions shall remain in full force and effect. 1 17. 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. i s i 4 MCSO Detention Academy Agreement MCSO Business Services x I { i I Notices: f i Any legal notice to be given under this IGA shall be sent to the Parties listed below. If to MCSO: If to City of Apache Junction Department: Chief,Administration Thomas E. Parker, Lieutenant Maricopa County Sheriffs Office City of Apache Junction 550 W Jackson 300 E.Superstition Blvd. Phoenix,Arizona 85003 Apache Junction,AZ 85119 I i IN WITNESS WHEREOF,the Parties hereto have entered into this IGA as of the date of the last i signature set forth below. i City of Apache Junction, an Arizona Maricopa County, a political subdivision Municipality of the State of Arizona i Walter"Chip"Wilson Bill Gates Date Date Chairman, Board of Supervisors Mayor ATTEST: ATTEST: I Jennifer Pena Date Juanita Garza Date City Clerk Clerk of the Board i City of Apache Junction Police Maricopa County Sheriff's Office Department I i Michael Pooley Date Paul Penzone, Date 1 Chief of Police Sheriff Approved as to form: Approved as to form: 1 i Richard J. Stem, City Attorney Deputy County Attorney Date Date j i 7 I } i t 5 MCSO Detention Academy Agreement MCSO Business Services