7.29.24 MOU_EMPACT AND MCSO UPDATED 072924.DOCX.PDF

Maricopa County — Formal (2024-08-21)

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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