MOU Arizona Anti-Trafficking Network
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1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF GLENDALE AND ARIZONA ANTI-TRAFFICKING NETWORK REGARDING THE ARIZONA DEPARTMENT OF EMERGENCY MANAGEMENT ANTI-HUMAN TRAFFICKING FUND GRANT This Memorandum of Understanding (MOU) between the CITY OF GLENDALE, ARIZONA (the City), an Arizona municipal corporation, for and on behalf of the Glendale Police Department (GPD), and ARIZONA ANTI-TRAFFICKING NETWORK (AATN), an Arizona nonprofit corporation, is entered for the purpose of accomplishing GPD’s priorities and objectives related to the Arizona Department of Emergency & Military Affairs (AZDEMA) Division of Emergency Management Anti-Human Trafficking Grant Fund (GRANT). GPD and AATN are together the PARTIES to this MOU. This MOU sets forth the agreed upon procedures for management, accountability, direction, authority, and liabilities of the parties in conjunction with GPD’s projects related to the GRANT. In consideration of the mutual covenants set forth herein and the mutual benefits to be derived therefrom, each Party agrees as follows: 1. RECITALS 1.1 WHEREAS Arizona Revised Statutes Section 26-106 established the Anti-Human Trafficking Grant Fund, consisting of monies appropriated by the Arizona State Legislature. AZDEMA administers the GRANT and distributes the monies from the GRANT to programs to reduce human trafficking or improve identification of and services to trafficking victims in Arizona. Parties participating in the GRANT are required to enter into a GRANT agreement with AZDEMA. 1.2 WHEREAS GPD is a law enforcement agency in Arizona engaged in enforcement and programs that reduce human trafficking. GPD’s Human Trafficking Unit has been a leader in Arizona in combatting human trafficking through proactive policing in the pursuit of sex traffickers and sex buyers. The Human Trafficking unit is focused on fighting the violent crimes that occur within trafficking while being victim centered in their investigations and their approach to victims. 1.3 WHEREAS AATN is a collaboration of programs fighting the multi-dimensions of human trafficking. These programs address community education, public awareness, prevention, demand reduction, male engagement on the issue and the tourism and hospitality sector. AATN engages in activities aimed at eliminating human trafficking in Arizona by raising awareness, reducing demand and fostering prevention efforts with youth. 2 1.4 This MOU memorializes the formal commitment and active participation of Parties in the programming required by the GRANT. By entering into this MOU, each Party hereby agrees to commit personnel, equipment, and other support for the development and sustainment of their goals as outlined in their application to the GRANT, and as more fully set forth in this MOU. 2. PURPOSE AND SCOPE 2.1. Provide fiscal and report management related to the GRANT and the Parties’ receipt of GRANT funds. 2.2. Identify staffing for quarterly GPD Sex Trafficking Outreach Project (STOP) outreach operation events. 2.3. Identify organization and participation for STOP outreach events. 2.4. Establish purchase requirements for materials and equipment for STOP events. 2.5. Provide for support towards two non-Party law enforcement agencies per year on Human Trafficking Investigation techniques. 3. RESPONSIBILITIES AND RESOURCES Glendale Police Department 3.1. Provide Human Trafficking Unit staff for quarterly STOP outreach events. 3.2. Provide required reports to AZDEMA. 3.3. Provide and coordinate with AATN for quarterly STOP outreach events. Including setting up equipment, coordinating participation of marked patrol units, booking hotel rooms or arranging for locations to accommodate outreach service providers. Arizona Anti-Trafficking Network 3.4. Purchase materials for STOP event clients. This includes hygiene products, clothes, gift cards, transportation tickets, and crisis-financial resources. 3 3.5. Coordinate and staff quarterly STOP events. This includes coordination with community social service agencies, assisting with event set-up, providing training for community partners, collecting information on all clients, and entering client data into a database for analysis. 3.6. Provide data, statistics, and evaluation reports, annually, each year of the GRANT, on Glendale Human Trafficking cases and the STOP clients. This includes material shared with the Arizona Human Trafficking Council and the Phoenix Human Trafficking Task Force. 3.7. Provide training for GPD staff and officers on anti-human trafficking trainings and techniques with a total of 4 trainings sessions per year for victim advocates, and Glendale general investigations and SVU detectives for a total of 12 training sessions. 3.8. Provide required reports to AZDEMA. 4. RECORDS 4.1. Parties will retain all GRANT related documentation for at least three years after the close of this GRANT. 4.2. Parties will protect, maintain, and retain records related to the fund and this MOU pursuant to state and local laws and regulations. Parties acknowledge, accept, and agree that parties are subject to the Arizona Open Meeting Law, Arizona Revised Statutes (A.R.S.) Sections 38-431 through 38-431.09 and the Arizona Public Records Act, A.R.S. Sections 39-121 through 39-161, as amended from time to time. Information provided may be subject to public record requests and may be disclosed and preserved as a public record when it is made or received by a governmental agency in pursuance of law or in connection with the transaction of public business and preserved by the agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of government. 4.3. AATN shall not share or disseminate any information or record made or kept related to the GRANT or this MOU without prior notice to GPD. Nothing in this MOU shall be construed to grant any proprietary rights, whether by license, assignment, or otherwise, to confidential information. Upon written request, completion of the MOU or GRANT, or termination of this MOU or the GRANT, whichever is earlier, AATN shall promptly return or destroy all confidential information belonging to GPD that AATN has in its possession or control. Upon GPD’s request, AATN will certify as to its compliance with this paragraph. The requirements of this paragraph shall be subject to all public record retention policies, legal holds, and applicable laws. 4.4. AATN shall not publish any material or information obtained or derived from participation in the GRANT or this MOU without review by and with the approval of GPD. 4 5. PARTNERSHIP AND ASSIGNMENTS 5.1. Either Party may partner with a non-Party to assist that Party in accomplishing that Party’s responsibilities pursuant to this MOU. 5.2. All partnerships with non-Parties are subject to the approval of GPD. GPD has full discretion in approving partnerships. No partner who is not-approved by GPD shall engage in any act that is the responsibility of any Party pursuant to this MOU. 5.3. AATN must notify GPD of all partnerships it enters into related to the GRANT or this MOU, prior to any partner becoming engaged in any act that is the responsibility of AATN pursuant to this MOU. 5.4 Neither this MOU, nor any of its rights or obligations, may be transferred or assigned by either Party without the prior written consent of both Parties. Any attempt to assign this MOU without prior written consent will be void and may result in penalties up to and including termination of the MOU. 6. FISCAL COMPLIANCE AND MANGEMENT 6.1. The Parties shall satisfy GRANT requirements that accounting records be supported by source documentation and shall make those records available to GRANT coordinators prior to requesting reimbursement. 6.2. The Parties shall document all costs, expenditures, and use of GRANT funds, pursuant to GRANT requirements. 6.3. The Parties shall submit reports pursuant to GRANT requirements and deadlines. 7. PROCUREMENT 7.1. The Parties shall satisfy GRANT procurement requirements and will adhere to the Arizona Procurement Code and local procurement regulations. 7.2. The Parties will each maintain a contract administration system that ensures each Parties’ particular contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase order. 7.3. The Parties shall seek and manage GRANT funds pursuant to the GRANT agreement. 5 8. EQUIPMENT AND MATERIALS 8.1. All equipment and materials shall be the sole property of the purchasing-Party, pursuant to any GRANT requirements. 9. TERM 9.1 This MOU shall be effective from the date of execution by all parties. 9.2. The duration of the MOU will be the term of the GRANT agreement. 9.3. Any party may withdraw from this MOU upon withdrawal from or termination of the GRANT agreement. 10. IMDEMNIFICATION AND DISPUTE RESOLUTION 10.1. To the extent permitted by law, 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 attorneys’ fees) (hereinafter collectively referred to as “Claims”) arising out of 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 Indemnitees, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or authorized volunteers. Each Party’s indemnity does not include any Claim or amount due arising out of the failure of such Indemnitee to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. 10.2. The Parties to this MOU 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. Section 12-1518, except as may be required by other applicable statutes. 11. GENERAL PROVISION 11.1. In accordance with A.R.S. Section 41-1461, the Parties shall provide equal employment opportunities for all persons, regardless of race, color, creed, religion, sex, age, national origin, disability, or political affiliation. The Parties shall comply with the Americans with Disabilities Act. 11.2. This MOU shall be governed, construed, and enforced in accordance with the laws of the State of Arizona. 6 11.3. The Parties warrant compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. Section 23-214, Subsection A. (That subsection reads in part: “After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the e-verify program.”) A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract and the violating Party may be subject to penalties up to and including termination of the MOU. Each party retains the legal right to inspect the papers of any employee who works on the GRANT to ensure compliance with the GRANT agreement. 11.4. This MOU and the Parties’ participation in the GRANT agreement embodies the entire understanding of the Parties and supersedes any other agreement or understanding between the Parties relating to the subject matter of this MOU. 11.5. The provisions of this MOU are severable to the extent that any provision or application held to be invalid by a court of competent jurisdiction shall not affect any other provision or application of the MOU which may remain in effect without the invalid provision or application. 11.6. This MOU may be canceled by any of the Parties, pursuant to the provisions of A.R.S. Section 38-511. 11.7. The waiver of any breach of this MOU shall not be deemed to amend this MOU and shall not constitute a waiver of any other subsequent breach, or any of the rights under this MOU. 11.8. Notices. All notices, demands and communications given or to be given, by either Party to the other, shall be given in writing via email, with a copy via US mail, and shall be addressed to the Parties at the addresses hereinafter set forth, or at such other address as the parties may by written notice hereafter designate. All notices shall be deemed received upon actual receipt or three (3) business days after deposit in the US mail, whichever date is earlier. Notices shall be addressed as follows: 7 PPD: Chris Briggs, Police Chief Glendale Police Department 6835 N. 57th Drive Glendale, AZ 85301 Phone: (623) 930-3277 Email: CBriggs@glendaleaz.com Copy to: Elaine Singer, Police Lieutenant Glendale Police Department, Special Victims Unit 6830 N. 57th Drive Glendale, Arizona 85301 Phone: (602) 930-3747 Email: ESinger@glendaleaz.com AATN: John Meza, President Arizona Anti-Trafficking Network PO Box 1125 Mesa, Arizona 85211-1125 Phone: (480) 246-6224 Email: JMeza06@cox.net [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 8 IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum of Understanding on the date written below. CITY OF GLENDALE, ARIZONA ARIZONA ANTI-TRAFFICKING NETWORK an Arizona Municipal Corporation an Arizona Nonprofit Corporation ________________________________ ________________________________ Kevin Phelps John Meza City Manager Board President and Chair Dated this __ day of December 2023 Dated this __ day of December 2023 ATTEST: ________________________________ Julie Bower, City Clerk City of Glendale APPROVED AS TO FORM: ________________________________ City Attorney