AHT AGREEMENT- MCAO FOR SIGNATURE.PDF
Extracted text (via pymupdf)
7136 characters
DPS Contract #________________
AGREEMENT REGARDING
ANTI-HUMAN TRAFFICKING
This Agreement is entered into between the State of Arizona through the Department of Public
Safety, hereinafter referred to as “DPS”, and Maricopa County through the Maricopa County
Attorney’s Office, hereinafter referred to as “MCAO”.
The purpose of this Agreement shall be to enhance law enforcement services and programs that
reduce human trafficking within the state as allowed in SB1724 through the cooperative efforts
of the parties to this Agreement.
DPS is authorized and empowered to enter into this Agreement pursuant to A.R.S. §41-1713 B.3.
Both parties are authorized and empowered to enter into this Agreement pursuant to A.R.S. §11-
952.
Now, in consideration of the mutual promises set forth herein, the parties to this Agreement
hereby agree to the following terms and conditions:
I. PARTICIPATION
This agreement provides Fiscal Year 2024 (July 1, 2023, through June 30, 2024) Anti-Human
Trafficking funding up to $24,500 to purchase seven (7) laptops for prosecutors in the sex crimes
bureau. These instruments are an essential tool for maintaining access to critical data while
prosecutors are in the field working alongside law enforcement.
Quarterly, the TPD will report statistical activity and progress for agreed upon performance
measures (see attached Addendum #1). Additionally, ongoing information exchange and
intelligence sharing will occur between MCAO and DPS.
II. REIMBURSEMENT
DPS agrees to reimburse MCAO for seven (7) laptops at total cost of up to $24,500. This
equipment will enable prosecutors to access vital information to facilitate seamless
communication with law enforcement counterparts.
Evidence of expenditures shall be provided by June 30 or as soon as practicable, for the fiscal
year just ended. Quarterly statistical reports shall be provided on the same schedule as the
expenditure information.
III. NON-AVAILABILITY OF FUNDS
Every payment obligation of the State under this Agreement is conditioned upon the availability
of funds appropriated or allocated for the payment of such obligation. If funds are not allocated
and available for the continuance of the Agreement, this Agreement may be terminated by the
State at the end of the period for which funds are available. No liability shall accrue to the State
in the event this provision is exercised, and the State shall not be obligated or liable for any
future payments or for any damages because of termination under this paragraph.
Agreement – Anti-Human Trafficking
Arizona Department of Public Safety/AGENCY/ DPS Contract #________________
Page 2 of 5
IV. NON-DISCRIMINATION
The Parties shall comply with Executive Order 2023-001, which mandates that all persons,
regardless of race, color, religion, sex, age national origin or political affiliation, shall have equal
access to employment opportunities, and all other applicable State and Federal employment laws,
rules, and regulations, including the Americans with Disabilities Act. The Parties shall take
affirmative action to ensure that applicants for employment and employees are not discriminated
against due to race, creed, color, religion, sex, national origin or disability.
V. INDEMNIFICATION
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 attorney's 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 indemnitee, are caused by the act, omission,
negligence, misconduct, or other fault of the indemnitor, its officers, agents, employees, or
volunteers.
VI. RECORDKEEPING
All records regarding the Agreement, including employees’ time accounting logs, must be
retained for five (5) years in compliance with A.R.S. §35-214, entitled Inspection and Audit of
Contract Provisions.
Agreement – Anti-Human Trafficking
Arizona Department of Public Safety/AGENCY/ DPS Contract #________________
Page 3 of 5
VII. FEES
In no event shall either party charge the other for any administrative fees for any work performed
pursuant to the Agreement.
VIII. ARBITRATION
The parties to this agreement 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. § 12-1518 except as may be required by other applicable statutes.
IX. EFFECTIVE DATE/DURATION
The terms of this agreement shall become effective upon the date the last signature is obtained,
shall be retroactive to July 1, 2023, and shall expire on June 30, 2024. If funds are not allocated
to support this agreement, DPS will provide written notice to MCAO notifying them of
termination of funding and cancellation of the Agreement.
X. CANCELLATION
All parties are hereby put on notice that this Agreement is subject to cancellation by the
Governor for conflicts of interest pursuant to A.R.S. §38-511.
XI. TERMINATION
Either party may terminate the Agreement for convenience or cause upon thirty (30) days written
notice to the other party. Upon termination, DPS shall pay all outstanding amounts up through
the time upon which the termination becomes effective. All property shall be returned to the
owning party upon termination.
Any notice required to be given under the Agreement will be provided by mail to:
Phil L. Case, Budget Officer
Rachel Mitchell, County Attorney
Arizona Department of Public Safety
Maricopa County Attorney’s Office
P. O. Box 6638, Mail Drop 1330
225 W. Madison St., Ste. 800
Phoenix, Arizona 85005-6638
Phoenix, AZ 85003
XII. VALIDITY
This document contains the entire agreement between the parties and may not be modified,
amended, altered or extended except through a written amendment signed by both parties. If any
portion of this agreement is held to be invalid, the remaining provisions shall not be affected.
The parties hereto have caused this Agreement to be executed by the proper officers and
officials.
Agreement – Anti-Human Trafficking
Arizona Department of Public Safety/AGENCY/ DPS Contract #
STATE OF ARIZONA
By:
Date:
Jeffrey Glover, Colonel
Director
MARICOPA COUNTY
By: ______________________________________
Date: ___________________
Rachel Mitchell, Maricopa County Attorney
Approved as to form:
By: _____________________________________
Date: ___________________
Legal Counsel
Authorizing Official:
By:
Jack Sellers, Chairman
ATTEST:
By:
Clerk of the Board
Date:
Date:
Page 4 of 5