A New Leaf, Inc MOA 2022

Memorandum of Agreement

WHEREAS, the City of Glendale through the Glendale City Court and A NewLeaf, Inc. havecometogether
tocollaborate on goals to reduce domestic violence in ourcommunities; and

WHEREAS, Glendale City Court and A New Leaf, Inc. have collaborated since 2005 as partners in
federally funded GTEAP grant projects (Grants to Encourage Arrest Policies and Enforcement of Protection
Orders Program) underthedirection ofthe U.S. Department of Justice, Office on Violence Against Women;
and

WHEREAS, federal grant funding for this project was approved by the federal government's after review
of A New Leaf, Inc.'s application forrenewed funding; and

WHEREAS , thesetwopartners desire tocontinue their collaborative efforts toprovide essential services to
victims of domestic violence; and

WHEREAS, these two partners wish to enter into a Memorandum of Agreement (the"MOA") setting forth
the services to be provided by the collaborative efforts of the partners.

|) Description of Partner Agencies

Glendale City Courtadjudicates criminal misdemeanors, City Code violations, traffic violations, andcertain
juvenile offenses committed in the City of Giendale. in cases of domestic violence and harassment, the
Court issues protective orders. The Court has the authority to issue search warrants for misdemeanors
and felonies. Glendale City Court has collaborated with numerous Internal and external justice and
community agencies to develop and implement, programs to reduce recidivism and promote safe
communities. Among these programs and services is a bilingual court-based domestic violence victim
advocate.

A New Leaf, Inc. has provided youth services, shelter services, outpatient services, education, victim
outreach, court advocacy, and community programs for more than 40 years to families and youth in the
greater Phoenix metropolitan areaatnocosttothose who qualify. ANewLeaf was acollaborative nonprofit
partner on Glendale City Court's GTEAP grant since its original award in 2005.

il) History of Relatlonship

The collaborative relationship between A New Leaf, Inc. and Glendale City Court was formalized in
November 2004 with the creation of the Glendale Domestic Violence Task Force. Since that time, these
pariners have teamed in the development and implementation of many projects in response to intimate
pariner violence, including grant activities, large-scale training conferences and victim services. Prior to
covid-19 the Task Force met on a monthly basis. Task Force meeting minutes were disseminated to all
Task Force members and related colleagues, including administrators and leaders within each agency to
foster communication and commitment.

Previous MOU partners inthis collaboration have included the City of Glendale Police Department, City of
Glendale Prosecutor's Office and the City of Glendale Office of Information Technology. Ait MOA partners
have beeninvolvedin Task Force discussions and meetings toidentify effective strategies for Incorporating
the elements of Glendale City Court's GTEAP projectinto each agency's operations.

The critical and long-range goals of the collaboration are to:

1.
2.
3.

Increase safety for primary and secondary victims of domestic violence
Break the cycle of violence
Improve coordinated responses ofthecriminal Justice and victim services systems

IN} Roles and Responsibilities

NOW, THEREFORE, itis hereby agreed by and between the partners as follows:

Glendale City Court will:

Provide physical working space and accommodations including office furniture, telephone,
copier and fax machine for A New Leaf. Inc.'s Court Advocate to offer advocacy services to
victims five days per week in Glendale City Court.

Continue to participate in and support the activities of the Glendale Domestic Violence Task
Force and any subcommittees established to provide oversight and guidance to this
partnership. Additionally, Glendale City Court will support collaboration between and among
the civil, criminal justice and victim service systems.

A New Leaf, Inc. will:

Provide one fulltime-bilingual court-based Victim Advocate employee to educate and
assist domestic violence plaintiffs and victims seeking protective orders and to connect those
customers with community resources, including but not limited to, Orders of Protection,
Injunctions Against Harassment, safety planning and referral to community and
government domestic violence resources. Should circumstances require, the parties may, by
mutual agreement, provide services by telephonic means. “Telephonic” includes voice only
and audio-video communications between the advocate and the petitioner or the court.
The internal training and professional oversight of the court-based Victim Advocate will be
accomplished by A New Leaf, Inc.

Participate in and support the activities of the Glendale Domestic Violence Task Force and
any subcommittees established to provide oversight and guidance to this partnership.
Additionally, A New Leaf, Inc. will support collaboration between and among the civil,
criminal justice and victim service systems.

The following project team representatives have been identified as responsible for planning,
developing, and implementing all activities designed to meet both partners' long-range collaborative
goals. They agree to demonstrate commitment toward achieving these goals. They further agree
to explore alternative opportunities for sustained funding:

Nicholas C. DiPiazza, Presiding Judge, Glendale City Court

Cristina Fuentes, Deputy Court Administrator, Glendale City Court
Celeste Brown, Accountant, Glendale City Court

Pat Lopez, Records Supervisor, Glendale City Court

Dana Martinez, Director of Shelter Operations, A New Leaf, Inc.
Rosalie Hernandez, A New Leaf, Inc.

IV) Timeline

This at-will contractual relationship shall commence on April 1, 2022 and end on March 30, 2023
unless earlier terminated by either party or extended by agreement of both parties in writing. Any

extension will last no more than one (1) year, and the parties may not extend the MOA more than
three times. Inno event will this MOA remain in force after March 30, 2026.

Either party, in writing, may terminate this agreement for any reason in whole, or in part, at any
time. Termination of this agreement will be accomplished by delivering or mailing to the other Party
a notice of intent to terminate not less than 30 days prior to the termination date contained in such
notice. Such notice shail be mailed to the other party's primary contact at the primary address listed
below.

V) Compensation

A New Leaf, Inc. has funding for a full-time bilingual court-based victim advocate (the "Victim
Advocate") that will last until September 30, 2023, and Glendale City Court will have no salary
costs related to the Victim Advocate during that time. In addition, it is the understanding of the
parties that A New Leaf, Inc. will apply for additional federal funding to pay for all costs related to
the Victim Advocate after September 30, 2023. If at any time during the term of this MOA A New
Leaf, Inc. does not have additional federal funding to pay the Victim Advocate, Glendale City
Court will pay A New Leaf, Inc. Thrae Thousand Nine Hundred Twenty-One Dollars ($3,921) per
month. In no event will the amount Glendale City Court pays to A New Leaf, Inc. exceed One
Hundred Sixty-Four Thousand, Six Hundred Eighty-Two Dollars ($164,682) over the term of this
MOA. A New Leaf, Inc. promises to continue to seek federal funding for the Victim Advocate costs,
even If such requests are at any point denied by the United States federal government.

ANew Leaf, Inc. will remit invoices monthly to Glendale City Court requesting payment for services
rendered by the Victim Advocate. The invoice should be submitted to Glendale City Court by the 30th day
ofeachmonth fo ensure timely payment processing.

Glendale City Court shall periodically review this compensation rate to assure continued reasonable
compensation for the Victim Advocate's services. Glendale City Court maintains the right to adjust this
compensation rate as Glendale City Court, inits sole discretion, deems appropriate.

VI) Indemnification and Insurance

Nothing in this MOA shall be interpreted to modify, impair, destroy or otherwise affect any common law or
statutory rightto indemnity orcontribution thatany party to this MOA may have against any other party
relativetoanyincidentarising outofthe performance of this MOA.

For any actions directly related to the provision of services, not directed or approved by the parties
to this agreement, each party shall indemnify, defend and hold harmless the other party and any of their
agents, officials and employees (the "Indemnified Parties") from any and all claims, demands, suits,
actions, proceedings, loss, costand damages of any kind, including any attorneys’ fees and litigation
expenses broughtormade againstorincurred by any of the Indemnified Parties onaccountoflossofor
damage to any property orforinjuries toordeath of any person, caused by, arising outoforbyreason of
any alleged act, omission, professional error, fault, mistake, or negligence, its employees, agents, or
representatives in connection with or incident to the performance of this Contract or arising out of
workers’ compensation claims, unemployment compensation claims, or unemployment disability
compensation claims of employees and Its Contractors or claims under similar such laws or obligations.

Both ANewLeaf and CityofGlendale shall comply with alilaws regarding Unemployment Insurance,

Workers! Compensation and the Fair Labor Standards Act and shall also be responsible for
obligations for itself and its employees.

Both ANewLeaf and City of Glendale shall provide and maintain appropriate liability insurance foralt
occurrences. Inno event shall the total coverage be less than the minimum insurance coverage specified
below,

Comprehensive general liability insurance with a minimum combined aggregate limit of two million dollars
($2,000,000.00) anda single limit ofonemillion dollars ($1,000,000.00), each occurrence. The policy shall
include coverage for bodily injury, broad form property damage (including complete operations), personal
injury (including coverage for contractualand employee acts), blanketcontractual, sudden and accidental
pollution, products, and completed operations.

Comprehensive automobile liability insurance with a combined single limit for bodily injury and property
damage of not less than one million dollars ($1,000,000.00), each occurrence, with respect to both ANew
Leef's and City of Glendale’s vehicles (whether owned, hired, non-owned), assigned to or utilized
in the performance of this MOA.

Workers Compensation and Employers’ Liability insurance with a minimum combined single limit of
($100,000), each occurrence, unless otherwise prescribed by Arizona Revised Statutes.

Professional liability insurance with a minimum combined single limit of two million dollars
($2,000,000.00), each occurrence, if professional acts shall be required in the performance of this
Contract.

Director and Officer Coverage of five hundred thousand ($500,000) shall be required for both A
New Leaf and City of Glendale.

Insurance is to be placed with insurers duly licensed or authorized to do business in the state of
Arizona and with an“A.M. Best" rating of not less than B+VI. Each party in no way warrants that the
above-required minimum insurer rating is sufficient to protect either party from potential insurer
insolvency.

Both A New Leaf and City of Glendale shall name each other, their agents, officials and
employees as additional insured and shall specify that the insurance afforded by the both A
New Leaf and City of Glendale shall be primary insurance and any insurance or self-insurance
of either A New Leaf or City of Giendale its employees shail be excess, not contributory insurance,
to that provided by A New Leaf or City of Glendale. Such policy shall contain a severability of
interests’ provision and provision for at least thirty (30) days prior written notice to each party of
any cancellations, non-renewal or material change in coverage.

A New Leaf or City of Glendale's failure to procure and maintain the required liability insurance
or to provide proof thereof to each party within 30 days following the commencement of a new
policy period shall constitute a material breach of this MOA upon which A New Leaf or City of
Glendale terminate this MOA. Prior to the effective date of this MOA, both parties shall furnish
each party with copies of the State of Arizona Certificate of Insurance (RM7200. I) or a certificate
of substantially the same content.

Vii) Miscellaneous

Laws and Regulations: Both Parties shall keep fully informed and shail at all times during the

performance of its duties under this Memorandum ensure that it and any person for whom either
Party is responsible remains in compliance with all rules, regulations, ordinances, statutes or laws
affecting the Services, including the following: (a) existing and future City and County ordinances
and regulations, (6) existing and future state and federal laws and (c) existing and future
Occupational Safety and Health Administration ("OSHA") standards.

Amendments: This Memorandum may be modified only by a written amendment signed by
persons duly authorized to enter into contracts on behalf of both Parties.

Notices and Requests: Any notice or other communication required or permitted to be given
under this Memorandum shall be in writing and shall be deemed to have been duly given if (a)
delivered to the party at the address set forth below, (b) deposited In the U.S. Mail, registered or
certified, return receipt requested, to the address set forth below, (c) given to a recognized and
reputable overnight delivery service, to the address set forth betow or (d) delivered by facsimile
transmission to the number set forth below:

If to the City of Glendale: Glendale City Court
5711 W. Glendale Avenue
Glendale, AZ 85301
Facsimile: 623-937-8860

Attn: Nicholas C. DiPiazza, Presiding Judge

If to A New Leaf: ANew Leaf, Inc.
868 East University Drive
Mesa, Arizona 85203
Facsimile: (480) 869-0039

Attn: Michael Hughes, CEO

orat suchother address, andtotheattention ofsuchother person orofficer, asany partymaydesignate
inwriting by notice duly given pursuant to this subsection. Notices shallbe deemed received (a) when
delivered to the party, (b) three business days after being placed inthe U.S, Mail, properly addressed, with
sufficient postage, (c) the following business day after being given to a recognized overnight delivery
service, with the person giving the notice paying ail required charges and Instructing the delivery service to
deliver on the following business day, or (d) when received by facsimile transmission during the normal
business hours ofthe recipient. Ifacopy ofanoticeis also giventoa party's counsel or otherrecipient,
the provisions above governing the date on whicha notice is deemed to have been received by a party
shallmean andrefer to the date onwhich the party, and notlts counselorother recipienttowhich acopy
of the notice may be sent, is deemed to have received the notice.

Confidentiatity of Records: Both Parties shall establish and maintain procedures and controls that are
acceptable to each Party for the purpose of ensuring that information contained in its records or obtained
from either Party or from others in carrying out its obligations under this Memorandum shall notbe

usedor disclosed by it, its agents, officers, or employees, except as required to perform duties
under this Memorandum. Persons requesting such information should be referred tothe Party providing
service, Both Parties also agree that any information pertaining to Individual persons shall notbe divulged
other than to employees or officers of either Party as needed for the performance of duties under this
Memorandum.

E-verify Requirements: To the extent applicable under A.RS. § 41-4401, both Parties and their
subcontractors warrant compliance with all federal immigration laws and regulations that relate to their
employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). Either Party or their
subcontractor's failure to comply with such warranty shall be deemed a material breach of this
Memorandum and may resultin the termination of this Memorandum by either Party.

Verification of Exclusion Status Under Federal Programs and Activities:

City of Glendale will not employ, partner with, or utilize the services of any individual or organization that
has been suspended, debarred, excluded from or otherwise ineligible to participate in federally-funded
programs oractivities. This policy will apply toA New Leaf; as deemed applicable under the regulations.

Non-Dis¢rimination: Both parties must notdiscriminate againstany employee or applicant foremployment
onthe basis of race, color, religion, sex, national origin, age, marital status, sexual orientation, gender
identity or expression, genetic characteristics, familial status, U.S. military veteran status or any
disability. New Leaf will require any Sub-contractor to be bound to the same requirements as
stated within this section. New Leaf, and on behalf of any subcontractors, warrants compliance with this
section.

inting: A New Leaf reserves the right to conduct Central StateRepository
Background Checks and will use the information contained in the Central State Repository as afactor to
determine qualifications for positions that provide direct service to children or vulnerable adults for
employees, prospective employees, volunteers, interns, subcontractors and subcontractor's employees.
Additionally, these persons shallalso be requiredtosubmita copy ofthe fingerprintclearancecardand
verification of Department of Public Safety validity.

Non-employment: Nothing in this MOA creates, or is deemed to create, an employer-employee
relationship between the City of Glendale, the Glendale City Courtand the Victim Advocate.

Vill) Commitment to Partnership
We, the undersigned have read and agree with this MOA. Further, we have reviewed the proposed project
and approve it.

By
Kevin R. Phelps, City Manager

Date

vA

By LTT .
MicHael T. Hughes, & ecutive Director
A New Leaf, Incorpérated

Date 7 -/6. 202.9

ATTEST:

City Clerk

Approved as to form

City Attorney