7.29.24 MOU_EMPACT AND MCSO UPDATED 072924.DOCX.PDF
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MEMORANDUM OF UNDERSTANDING
Between
THE MARICOPA COUNTY SHERIFF'S OFFICE
And
EMPACT-SUICIDE PREVENTION CENTER
C-50-24-
1. PARTICIPANTS: The Participants to this Memorandum of Understanding (MOU) are Maricopa
County on behalf of the Maricopa County Sheriff’s Office (MCSO), and EMPACT-Suicide Prevention
Center, an Arizona nonprofit corporation (EMPACT). Nothing in this MOU should be construed as
limiting or impeding the basic spirit of cooperation which exists between these agencies.
2. AUTHORITY: This MOU is entered into under the authority of Arizona Revised Statutes (A.R.S.)
§§11-951 et seq., and A.R.S. §§11-952 et seq.
3. PURPOSE: The purpose of this MOU is to memorialize the collaborative efforts between MCSO and
EMPACT to provide additional mental health training for MCSO deputies, to provide specially
designed “post-crisis navigation” services to connect individuals to treatment and services and to
establish the responsibilities of both Participants for the collaborative work on the project entitled
“Maricopa County Sheriff’s Office, FFY 2024 Implementing Crisis Intervention Teams” funded
through the Department of Justice, Implementing Crisis Intervention Teams, Agreement Number
15JCOPS-23-GG-0171-PPSE.
4. RESPONSIBILITIES:
a. MCSO will:
i.
Coordinate and host Mental Health First Aid training at MCSO training facility, equipped
with audio/video equipment and internet access.
ii.
Track, screen and coordinate referrals to EMPACT Master’s Level Clinician and
Certified Peer Support Staff for community members needing assistance, referred
through MCSO patrol deputies
b. EMPACT will:
i.
Facilitate and provide instructors for Mental Health First Aid training in collaboration
with MCSO to enhance training for patrol deputies
ii.
Oversee, hire, and manage a Master’s Level Clinician and Certified Peer Support Staff
who will be dedicated to providing “post crisis navigation” services in response to MCSO
patrol deputy referrals.
5. FUNDING:
a. This Agreement is not an obligation of or a commitment of funds, or a basis for a transfer of funds,
but rather a statement of understanding between the Participants concerning the use of Grant
Funding or other grant funding resulting from applications for resources made possible only
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because of this collaborative relationship.
b. Participants will enter into a separate funding agreement outlining the specific terms and conditions
for the funding amount, use of funds, reimbursements and payments according to the requirements
of the funding source.
6. OTHER PROVISIONS:
a. INSURANCE. Maricopa County is self-insured for liability. EMPACT must procure insurance
against claims that may arise from or relate to performance of work hereunder by EMPACT, it’s
agents, representatives, employees and subcontractors. The Participants will provide a certificate of
coverage to the other Participant upon request.
b. INDEMNIFICATION. Each Participant (as “indemnitor”) agrees to indemnify, defend, and hold
harmless the other Participant (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 bodily injury of any person (including death) or property damage, 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 authorized volunteers. Indemnification for punitive damages will
not be provided by either Party.
c. ARIZONA LAW. Applicable law of Arizona applies to this MOU including, where applicable, the
Uniform Commercial Code as adopted by the State of Arizona.
d. Nothing in this MOU is intended to conflict with current law or regulation or the policies and
procedures of the Maricopa County Sheriff’s Office or EMPACT. If any term of this MOU is
inconsistent with such authority, then that term shall be invalid, but the remaining terms and
conditions of this MOU shall remain in full force and effect.
e. CONFLICT OF INTEREST: Pursuant to A.R.S. § 38-511, the State, its political subdivisions or
any department or agency of either may, within three (3) years after its execution, cancel any
agreement, without penalty or further obligation, made by the State, its political subdivisions, or
any of the departments or agencies of either if any person significantly involved in initiating,
negotiating, securing, drafting or creating the agreement on behalf of the State, its political
subdivisions or any of the departments or agencies of either is, at any time while the agreement or
any extension of the agreement is in effect, an employee or agent of any other party to the
agreement in any capacity or a consultant to any other party of the agreement with respect to the
subject matter of the agreement. A cancellation made pursuant to this provision shall be effective
when the non-cancelling party receives written notice of the cancellation unless the notice specifies
a later time.
f. ARBITRATION: Pursuant to A.R.S. § 12-1518, disputes under this MOU shall be resolved
through the use of arbitration as follows: Cases under the Jurisdictional Limit. In all cases filed in
superior court in which the court finds or the parties agree that the amount in controversy does not
exceed the jurisdictional limit; arbitration shall be used, unless all parties file a written stipulation
waiving the arbitration requirement, and the court waives the arbitration requirement on a showing
of good cause.
g. INA. Each Participant to this MOU 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 Participant shall obtain
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statements from its subcontractors certifying compliance and shall furnish the statements to the
other Participant upon request. These warranties shall remain in effect through the term of this
MOU. Each Participant 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 MOU 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 Participant retains the legal right to inspect
contractor and subcontractor employee documents performing work under this MOU to verify
compliance with this MOU. Each Participant and its subcontractors shall be given reasonable
notice of the other Participant’s intent to inspect and shall make the documents available at the time
and date specified. Should either Participant find that the other Participant or any of its
subcontractors are not in compliance; such non-compliance may be considered a material breach of
this MOU and may pursue any and all remedies allowed by law. Nothing set out herein shall make
any subcontractor an agent or employee of either Participant.
h. This MOU is an agreement between Maricopa County on behalf of the MCSO and EMPACT and
does not create or confer any right or benefit on any other person or party, public or private. The
right and obligations of the Participants shall be only those expressly set forth in this MOU.
7. The employees of each Participant shall remain as employees of said entity, and this MOU does not
convey any rights, duties or obligations to the other Participant’s employees.
8. This MOU may be canceled at any time for lack of funding.
9. PARTICIPATION IN SIMILAR ACTIVITIES. This MOU in no way restricts either Participant from
participating in similar activities with other public or private agencies, organizations and individuals.
10. NON-BINDING. This MOU is not intended to create any legally binding obligations on either Party
but, rather is intended to facilitate discussions regarding general areas of cooperation related to the
Grant Funding.
11. This MOU constitutes the entire understanding between the Participants as to the activities, conditions
and terms addressed herein.
12. POINTS OF CONTACT
MCSO:
Taryn Mingey
Behavioral Health Co-Responder
550 West Jackson Street
Phoenix, Arizona 85003
Office: 480-364-9001
Email: tarynmingey@MCSO.maricopa.gov
Cindy Kenney
Finance Manager
550 West Jackson Street
Phoenix, Arizona 85003
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Office: 602-876-3266
Email: C_Kenney@MCSO.maricopa.gov
EMPACT:
EMPACT–Suicide Prevention Center, an Arizona nonprofit corporation
Erica Chestnut-Ramirez
Regional Vice President
618 S. Madison Dr.
Tempe, AZ 85281
EFFECTIVE DATE: The terms of this MOU will become effective as of the date of the final signature by the
Participants.
DURATION: The terms of this MOU will remain in effect until September 30, 2025, unless terminated
according to provisions provided herein or superseded by a separate funding agreement between the
Participants as contemplated by Clause 6.b. above.
MODIFICATION: This MOU may be modified by amendment and upon the mutual written consent of
both Participants.
TERMINATION: Either Participant may terminate this MOU upon thirty (30) days’ written notice to the
other Participant.
[Signatures on next page]
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We, the undersigned, as authorized representative of the named agency, do hereby approve this document.
EMPACT-Suicide Prevention Center,
MARICOPA COUNTY, a political
an Arizona nonprofit corporation
subdivision of the State of Arizona
BY:
BY:
Erica Chestnut-Ramirez
Date
Russ Skinner
Date
Regional Vice President
Sheriff
Jack Sellers
Date
Chairman
Attest:
Juanita Garza
Clerk of the Board
Date
Approved as to form:
Approved as to form:
Legal Counsel
Date
Deputy County Attorney
Date
Docusign Envelope ID: 3CC72632-1EE2-45FC-B660-C23CA59DBCE8
7/29/2024
7/29/2024