(FORMER) MCSO BANNER LAW ENFORCEMENT AGREEMENT 12-29-2020.PDF

Agreement for Law Enforcement Service
Between
Maricopa County
on behalf of the Sheriff’s Office
and
Banner Health
C-50-21-____-X-00
January 2021

Agreement for Law Enforcement Service
between Maricopa County, on behalf of the Maricopa County Sheriff’s Office, and
Banner Health
This Agreement (“Agreement”), effective retroactive to December 14, 2020 is entered into this ____ of ,
January 2021 between Maricopa County, a political subdivision of the State of Arizona, on behalf of the
Maricopa County Sheriff’s Office (“MCSO”) and Banner Health, together the “Parties” and individually,
the “Party.”
Whereas, Banner Health has contracted with Maricopa County for administrative and operational
services for Phase 1A COVID 19 vaccinations for Maricopa County, a.k.a Serial 210168 Phase 1A-EMG;
and
Whereas, the MCSO has been requested to provide law enforcement at both the Central Banner
vaccination site (Central POD) and the Northwest Banner vaccination site (Northwest POD); and
Whereas, MCSO desires to provide law enforcement services at both vaccination sites;
NOW, THEREFORE, the Parties agree as follows:
I. GENERAL PROVISIONS
1. Definitions
As used throughout this Agreement, the following terms shall have the meanings set forth:
Agreement means this document including referenced Exhibits attached hereto.
Banner means Banner Health, contractor for Maricopa County.
Central POD (Point of Dispensing) means vaccination site at Arizona State Fairgrounds, 1826 W.
McDowell Rd., Phoenix, AZ 85007.
County means Maricopa County, a political subdivision of the State of Arizona.
MCSO means the Maricopa County Sheriff’s Office and those functions, activities and facilities for
which it has responsibility.
Northwest POD (Point of Dispensing) means vaccination site at Banner Del Webb Medical Center,
14502 West Meeker Blvd, Sun City West, AZ 85375.
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2. Legal Notices
Legal notice under this Agreement shall be given by e-mail (with proof of delivery), by personal
delivery, or by registered or certified mail to the addresses set forth below, and shall be effective
upon receipt by the party to whom addressed unless otherwise indicated in said notice:
For County:
Maricopa County Unified Command Center
ATTN: Joey Molina
501 West Jackson Street
Phoenix, Arizona 85003
602-506-3454
joey.molina@maricopa.gov
For MCSO:
Maricopa County Sheriff’s Office
Attn: Ann Birmingham Scheel
550 West Jackson Street
Phoenix, Arizona 85003
annscheel@mcso.maricopa.gov
Maricopa County Sheriff’s Office
Attn: John Bailey
550 West Jackson Street
Phoenix, Arizona 85003
Attn: John Bailey
J_bailey@mcso.maricopa.gov
For Banner Health:
Banner Health
ATTN: David Bixby, Chief Legal Officer
2901 N. Central Ave., Suite 160
Phoenix, Arizona 85012
David.bixby@bannerhealth.com
3. Term of Agreement
This Agreement is effective retroactive to December 14, 2020 through June 30, 2021 and when signed by
parties unless terminated earlier per Section 8 of this Agreement (“Term”).
4. Renewal
Banner may, at its option and with the agreement of MCSO and Maricopa County, renew the term of the
Contract for additional terms up to a maximum of one (1) additional year (or at Banner’s sole discretion,
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extend the contract on a month-to-month basis for a maximum of six (6) months after expiration). Banner
shall notify MCSO in writing of its intent to extend the contract term at least forty-five (45) days prior to
the expiration of the original contract term, or any additional term thereafter.
5. Cost Updates
MCSO will notify Banner of updated cost for services effective July 1, 2021, by sending an updated Exhibit
A to Banner no later than May 15, 2021.
6. Amendments
This document contains the entire Agreement of the parties and cannot be changed orally. Any changes
or modifications of this Agreement, including any decrease or expansion of the Services, personnel type
used, space, equipment and hourly rates must be in the form of a written amendment to this Agreement
signed by all Parties and requires Maricopa County Board of Supervisor approval.
7. No Other Agreements
Banner may not contract with individual MCSO employees to provide off-duty security at any vaccination
sites. Supplemental payment by Banner to individual MCSO employees for law enforcement-related work
at the vaccination sites is not permitted.
8. Subcontractors
With Banner’s prior approval only, MCSO may subcontract with other law enforcement agencies for sworn
personnel to staff vaccination sites under MCSO direction. Only sworn officers whose home agency has
entered into an agreement with Maricopa County assuring workers compensation and other coverages
for its employee would be used.
9. Termination
In the event of breach of any of the provisions of this Agreement, either Party may terminate this
Agreement for cause by serving written notice to the other Party specifically setting forth the nature of
the breach. If said breach has not been resolved within thirty (30) days of receipt of notice, then this
Agreement shall be deemed terminated and both Parties shall perform their respective obligations up to
the date of such termination and shall have no further obligations thereafter.
Notwithstanding the foregoing paragraph, either Party shall have the right, upon thirty (30) days written
notice to the other Party, to terminate this Agreement without cause.
10. Insurance
The Parties agree to secure and maintain insurance coverage for any and all risks that may arise out of
the terms, obligations, operations, and actions as set forth in this Agreement, including but not limited
to public entity insurance. The acquisition of insurance or the maintenance and operation of a self-
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insured program may fulfill this insurance requirement; provided, however, that the unencumbered
reserves available under any such self-insurance program shall be equal to or greater than the required
minimum coverage amounts set forth below. The Parties to this Agreement shall exchange certificates
of insurance or self-insurance.
1. General:
a. Coverage Term: All insurance required herein shall be maintained in full force and effect until
all Law Enforcement Services required to be performed under the terms of this Agreement are
satisfactorily performed.
b. Primary Insurance: County’s insurance shall be primary insurance with respect to
performance of the Law Enforcement Services included in this Agreement.
c. Policy Deductibles and or Self-Insured Retentions: The policies set forth in these requirements
may provide coverage that contains deductibles or self-insured retention amounts. Such
deductibles or self-insured retention shall not be applicable with respect to the policy limits
provided to Banner. The County shall be solely responsible for any such deductible or self-
insured retention amount.
2. Required Insurance Coverage:
a. Public Entity Liability: County shall maintain public entity liability coverage for bodily injury
and property damage with an unimpaired limit of not less than $5,000,000 for each occurrence;
no aggregate limit. The policy shall cover liability arising from premises/operations and personal
injury. Due to actions or performance of the Law Enforcement Services.
b. Automobile Liability: The County shall maintain Business Automobile Liability insurance with a
limit of $5,000,000 combined single limit each occurrence on County’s owned, hired and non-
owned automobiles assigned to or used in the performance of the Law Enforcement Services
under this Agreement.
c. Workers’ Compensation Insurance: County shall maintain Workers’ Compensation insurance
to cover obligations imposed by federal and state statutes having jurisdiction of County’s
employees engaged in the performance of Law Enforcement Services under this Agreement and
shall also maintain
Employer’s Liability Insurance of $2,000,000 for each accident, $500,000 disease for each
employee and $2,000,000 disease-policy limit.
3. Cancellation, Material Changes and Expiration Notice: Insurance required herein shall not expire, be
canceled, or materially changed without thirty (30) days’ prior written notice to Banner.
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4. Limitation on Insured Liability. The County shall only be liable for such claims, losses, damages or
injuries that result from negligent actions or misconduct related to Law Enforcement Services by the
Sheriff’s Office as contemplated by this Agreement
11. Indemnification
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 Agreement, 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.
12. Construction of Agreement
The Parties agree that all of the provisions set forth herein are material to this Agreement, and a breach
of any provision is a breach of the Agreement.
Each article to this Agreement stands alone. Should an article or paragraph be found to be prohibited by
law, such finding shall not render the remaining portions of this Agreement invalid or inoperative.
The failure of either Party to insist in any one or more instances upon the full and complete performance
of any of the terms and provisions of this Agreement to be performed on the part of the other, or to take
any action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the right
to insist upon full and complete performance of the same or any other covenant or condition either in the
past or in the future. The acceptance by either Party of sums less than may be due and owing at any time
shall not be construed as an accord and satisfaction.
13. Governing Law
This Agreement shall be interpreted in accordance with Arizona law. The venue for any dispute hereunder
shall be a court of competent jurisdiction in Phoenix, Arizona. Venue will be in the Maricopa County
Superior Court unless otherwise agreed to between the Parties. The parties to this Agreement agree to
resolve all disputes arising out of or relating to this Agreement through arbitration, after exhausting
applicable administrative review, to the extent required by A.R.S. § 12-1518 except as may be required by
other applicable statutes.
14. Cancelation for Conflict of Interest
This Agreement is subject to the provisions of A.R.S. §38-511.
15. Employee and Organizational Disclaimer
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This Agreement is not intended to and will not constitute, create, give rise to or otherwise recognize a
joint venture, partnership or formal business association or organization of any kind between the Parties,
and the rights and the obligations of the Parties shall be only those expressly set forth in this Agreement.
Each Party agrees that no person supplied by it in the performance of its obligations under this Agreement
is the other Party's employee, and that no rights under its civil service, retirement or personnel rules
accrue to any person supplied by the other Party. Each Party shall have total responsibility for all salaries,
wages, bonuses, retirement, withholding, workers compensation, occupational disease compensation,
unemployment compensation, other employee benefits and all taxes and premiums appurtenant thereto
concerning such persons used by it in its performance of this Agreement; and each Party shall save and
hold the other Party harmless with respect thereto. The Parties understand and agree that should any
MCSO personnel sustain an injury in the performance of the Services hereunder, MCSO personnel shall
file any claim for compensation with the County's worker's compensation carrier.
16. Non-assignability
This Agreement and the rights, duties and obligations set forth herein are only assignable by amendment
approved by the Parties.
17. Israel Boycott
By signing this Agreement, the Parties certify that they are in compliance with Article 9, A.R.S. § 35-393
et seq.
18. E-Verify
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
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 sub-contractors or 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.
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19. Non-Discrimination
Each party shall comply with all applicable laws, ordinances, Executive Orders, rules, regulations,
standards, and codes of the Federal, State, and local governments whether or not specifically reference
herein. The Parties agree that there will be no discrimination as to race, color, creed, religion, ancestry,
national origin, sex, gender, sexual orientation, gender identity, disability, age, marital status or status in
regard to obligations, work, and services performed under the terms and any agreement 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).
20. Non-Availability of Funds
Every payment obligation of each party under this agreement is conditioned upon the availability of
funds appropriated or allocated for the payment of such obligation. If funds are not allocated and
available for the continuance of this Agreement, this Agreement may be terminated by either party at
the end of the period for which funds are available. No liability shall accrue to either party in the event
this provision is exercised, and the parties shall not be obligated or liable for any future payments or for
any damages as a result of termination under this paragraph.
21. Counterparts
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 one and the same instrument. E-signed, Faxed and
copied and scanned signatures are acceptable as original signatures.
II. SERVICES
1. Service Provision
A. MCSO shall provide law enforcement services at the vaccination sites designated in this
agreement as coordinated by Banner.
B. Banner, in consultation with MCSO shall determine the staffing levels necessary to
maintain public safety at each vaccination site named in this Agreement.
C. MCSO shall, at its cost, provide the assigned MCSO personnel with standard equipment
and supplies (includes radios, body cameras, lethal and non-lethal weapons, body armor,
etc.) necessary to perform the Services under this Agreement. Such items will be used in
accordance to law and MCSO policy.
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D. As determined by the MCSO in conjunction with Banner, Service will include MCSO
Sheriff’s Deputies, Reserve Deputies, and Sheriff’s Posse members.
2. Responsibility for Performance Standards
A. Banner has the right to bring any concerns about MCSO Personnel to the MCSO Executive
Chief of Enforcement for consideration, and to request that MCSO Personnel who are
negligent in the performance of their duties or about whom it may have other concerns
not be assigned to provide Services hereunder. The Maricopa County Sheriff is solely
responsible for the provision of Services, discipline of officers and other matters incidental
to the provision of services under this Agreement. In the event of dispute between the
Parties as to the extent of duties and functions to be rendered hereunder, or the manner
of performance of such service, the determination made by the Maricopa County Sheriff
shall be final and conclusive.
B. Parties will meet at least once during each Agreement term to discuss any MCSO office-
wide changes that impact the Service, and any other items that are mutually beneficial,
including resources to perform Service at requested and safe levels.
3. Personnel
A. Personnel costs will be charged on a per-hour basis to the nearest quarter of an hour.
Rates that are effective December 14, 2020 are as follows:
Deputy Sheriff hourly rate: $83.06 / Holiday rate: $110.74
Supervisor / SGT hourly rate $107.50 / Holiday rate: $143.33
Lieutenant hourly rate: $88.52 / Holiday rate $177.04
Captain hourly rate: $107.79 / Holiday rate: $215.58
The charge per hour for services on County-designated holidays will be double time.
County-designated holidays include: New Year’s Day, Civil Rights Day, Presidents Day,
Memorial Day; 4th of July; Labor Day, Veterans Day, Thanksgiving Day, Day after
Thanksgiving Day, and Christmas Day.
4. Payment
Monthly, MCSO will submit a statement of hours worked and amounts charged for services.
Banner agrees to submit to Maricopa County the rates and amounts set forth in this agreement
for Services performed by the MCSO.
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[Signatures follow on next page.]
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Agreement for Law Enforcement Service
IN WITNESS WHEREOF, the parties enter into this Agreement to be effective retroactive to
December 14, 2020
TEAM
Banner Health, MARICOPA COUNTY
Board of Supervisors
By: ______________________________ BY: _____________________________
Authorized Signature Chairman
Its: Executive Director of Security
and Emergency Management
Date: ___________________________ Date: ____________________________
ATTEST:
________________________________
Clerk of the Board Date
MARICOPA COUNTY SHERIFF’S OFFICE
_________________________________
SHERIFF (or designee) Date
The undersigned attorneys acknowledge that (i) they have reviewed the above Agreement on behalf of
their respective clients and as to their respective clients only, each attorney has determined that this
Agreement is in proper form and that execution hereof is within the powers and authority granted under
the laws of the State of Arizona.
Counsel to Banner Health Maricopa County Attorney’s Office
_______________________________ ___________________________________
Counsel Deputy County Attorney
_______________________________ ____________________________________
Date Date
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