ASU STIR REV MOU BOS ACTION 7_2023.PDF
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1 of 7 MEMORANDUM OF UNDERSTANDING Between THE MARICOPA COUNTY SHERIFF'S OFFICE And ARIZONA STATE UNIVERSITY OFFICE OF SEX TRAFFICKING INTERVENTION RESEARCH C-50-23-141-X-00 1. PARTICIPANTS: The Participants to this Memorandum of Understanding (MOU) are Maricopa County on behalf of the Maricopa County Sheriff’s Office (MCSO), and Arizona Board of Regents on behalf of Arizona State University (ASU) and ASU’s Office of Sex Trafficking Intervention Research (STIR). 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 ASU to develop introductory and targeted human trafficking training courses and establish the responsibilities of both Participants should MCSO’s proposal to the State of Arizona Department of Emergency and Military Affairs (DEMA) for the proposed collaborative work on the project entitled “Maricopa County Sheriff’s Office, FY 2023 Anti Human Trafficking Grant Fund Program” be selected for funding (the “Potential Grant Funding”). 4. RESPONSIBILITIES: a. MCSO will: i. Host training in facilities equipped with audio/video equipment and internet access. ii. Host annual conference in facilities equipped with audio/video equipment and internet access. iii. Promote training and conference opportunities as part of their outreach, and track participation by MCSO employees. b. ASU will: i. Develop and provide a minimum of (12) targeted training courses to MCSO administrative, detention, patrol, and investigative staff. ii. Seek accreditation from AZPOST or COJET for all training courses provided to MCSO administrative, detention, patrol, and investigative staff. iii. Administer Pre and/or Post anonymous surveys for training attendees to assess their ability to identify and respond to suspected or confirmed cases of human trafficking. iv. Develop psychoeducation material regarding sex trafficking and trauma for GTL tablets. v. Develop sex trafficking screening tool for GTL tablets. 2 of 7 vi. Train and supervise Master of Social Work student interns tasked with providing case management support for MCSO inmates at high risk for sex trafficking or confirmed victims of sex trafficking. vii. Plan and coordinate annual conference (Statewide). viii. Develop HUB training video on sex trafficking and correctional settings. ix. Assist with development of a reporting network within MCSO for notification of inmates at high risk for sex trafficking, or response to identified victims of sex trafficking. x. Plan and coordinate quarterly meetings for reporting network (MCSO and Mental Health Providers). 5. REPORTING: Pre and/or Post Surveys with attendee lists will be compiled and provided to MCSO by ASU for any funded trainings and conferences. The reporting will provide sufficient detail to assess beliefs, learnings, and individual empowerment to identify and respond to suspected or confirmed cases of human trafficking. All survey responses will be anonymous and will serve to meet documentation requirements for the use of grant funds for training. 6. 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 Potential Grant Funding or other grant funding resulting from applications for resources made possible only because of this collaborative relationship. b. If funding is awarded, the 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. c. If ASU STIR receives reimbursement from a party other than MCSO in connection with work conducted by STIR with respect to the “Maricopa County Sheriff’s Office, FY 2023 Anti Human Trafficking Grant Fund Program” project, ASU shall reimburse MCSO for any grant money (not to exceed the amount received by STIR from a party other than MCSO) supplanted by other sources. 7. SUBSEQUENT TREATMENT OF INFORMATION; CONFIDENTIAL INFORMATION: The Participants understand that confidential information, as defined below, shared as a result of this MOU is restricted by the following conditions: a. The Participants may, at their discretion, and in connection with the Purpose, disclose their respective proprietary or confidential information (“Confidential Information”) to each other. To be protected hereunder, Confidential Information must be marked confidential if disclosed in written or other tangible form. If Confidential Information is disclosed orally or visually, Confidential Information must be identified as confidential at the time of disclosure and reduced to writing, marked confidential, and transmitted to the receiving Participant within thirty (30) days of the initial disclosure. b. Nothing in this MOU will be construed to convey to either Participant any right, title or interest in any Confidential Information provided by the other Participant or any right, title or interest in any intellectual property of the Participants, including but not limited to, processes, copyrights or patents. No license to the receiving Participant under any trademark, patent or copyright is either granted or implied by the conveying of Confidential Information to the receiving Participant. 3 of 7 c. The Participants will use reasonable efforts to prevent the disclosure to unauthorized third parties of any Confidential Information of the other Participant and will use such information only for the purposes of this MOU. The receiving Participant’s obligations with respect to Confidential Information will survive for three (3) years after the termination of this MOU. Receiving Participant’s obligations hereunder will not apply if the receiving Participant can show, with convincing written evidence that the Confidential Information of the disclosing Participant received under this MOU: i. was already known to the receiving Participant prior to the time of first disclosure; ii. at the time of disclosure is in the public domain, or after the date of the disclosure, lawfully becomes a part of the public domain other than through breach of this MOU by the receiving Participant; iii. is received in good faith, without any obligation of confidentiality from a third party having a legal right to disclose the same; iv. is independently developed by the receiving party by individuals without access to such information; or v. is required to be disclosed by the receiving Participant pursuant to a legally enforceable order, law, subpoena, or other regulation (“Order”), provided, however, that the receiving Participant promptly notifies the disclosing Participant in advance of such disclosure and discloses only that Confidential Information necessary to comply with said Order. Participant will protect such Confidential Information from disclosure to the greatest extent permissible under applicable state and federal laws. d. MCSO and ASU are subject to A.R.S. §§ 39-121 through 39-127 regarding public records. Any provision regarding confidentiality is limited to the extent necessary to comply with Arizona law. e. A Participant that has received Confidential Information from another Participant pursuant to this MOU is not to use or disclose such Confidential Information except as agreed to by the Participants or required by law. f. Except when prohibited by law, the Participants will obtain permission for the disclosure of Confidential Information to third parties prior to making such disclosure. g. To prevent the unauthorized disclosure, copying, use, or modification of Confidential Information provided to a Participant under the MOU, the Participants are to restrict access to Confidential Information shared pursuant to the MOU on a need-to-know basis, and, where applicable, use recognized security mechanisms such as passwords, encryption, or other reasonable safeguards to prevent unauthorized access. 8. OTHER PROVISIONS: a. INSURANCE. Maricopa County is self-insured for liability and ASU is self-insured per A.R.S. 41- 621. 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. 4 of 7 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 Arizona State University. 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 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 Arizona Board of Regents on behalf of ASU 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 5 of 7 expressly set forth in this MOU. 9. 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. 10. This MOU may be canceled at any time for lack of funding. 11. 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. 12. ADVERTISING, PUBLICITY, NAMES AND MARKS. Neither Participant will do any of the following, without, in each case, prior written consent: (i) use any names, service marks, trademarks, trade names, logos, or other identifying names, domain names, or identifying marks of the other Participant (Marks), including online, advertising, or promotional purposes; (ii) issue a press release or public statement regarding this MOU, except for documents used for internal consumption by the Participant; or (iii) represent or imply any endorsement or support of any product or service in any public or private communication. Any permitted use of Marks must comply with the owning Participant’s requirements, including using the ® indication of a registered mark. 13. NON-BINDING. With the exception of ADVERTISING, PUBLICITY, NAMES AND MARKS above, 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 Potential Grant Funding. 14. FEDERAL DISCLOSURE REQUIREMENTS. MCSO acknowledges and agrees that: (1) federal agencies that provide funding for research may require disclosure of contracts pursuant to Section 223 of the National Defense Authorization Act (NDAA), Section 117 of the Higher Education Act of 1965, as amended (HEA), and National Security Presidential Memorandum 33 (NSPM-33) (collectively, “Federal Disclosure Requirements”); and (2) nothing in this MOU shall prevent ASU from disclosing the MOU to federal agencies pursuant to the Federal Disclosure Requirements. 15. This MOU constitutes the entire understanding between the Participants as to the activities, conditions and terms addressed herein. 16. POINTS OF CONTACT MCSO: Jennifer Crosby Custody Region I Deputy Chief 550 West Jackson Street Phoenix, Arizona 85003 Office: 602-876-3231 Email: J Crosby@mcso.maricopa.gov ASU Legal: ORSPA Heather C. Clark PO Box 870611 Tempe, AZ 85287-6011 Asu.awards@asu.edu 6 of 7 STIR: Dominique Roe-Sepowitz (Programmatic/technical contact) Director of Office of Sex Trafficking Intervention Research 411 North Central Avenue, Suite 800 Phoenix, Arizona 85004 Office: 602-496-0093 Email: Dominigue.Roe@asu.edu 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 for one (1) year , 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] 7 of 7 MOU MCSOLASU STIR We, the undersigned, as authorized representative of the named agency, do hereby approve this document. ARIZONA BOARD OF REGENTS, on MARICOPA COUNTY, a political behalf of Arizona State University subdivision of the State of Arizona BY: BY: Kristy Macdonald Date Clint Hickman Date Assistant Director, Research Operations Chairman Attest: Clerk of the Board Date Approved as to form: Approved as to form: Legal Counsel Date Deputy County Attorney Date MARICOPA COUNTY SHERIFF’S OFFICE ARIZONA STATE UNIVERSITY OFFICE OF SEX TRAFFICKING INTERVENTION RESEARCH Maricopa County Sheriff’s Office Dominique Roe-Sepowitz, MSW, Ph.D. Director of Office of Sex Trafficking Intervention Research Date Date