IGA - AMENDED AND RESTATED TRAFFICKING TASK FORCE IGA_MCAO ADDITIONAL CHANGES FROM AVONDALE 11-14-23.PDF
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Page 1 of 14 West Valley Sex Trafficking Task Force AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT WEST VALLEY SEX TRAFFICKING TASK FORCE CREATION OF AND PARTICIPATION This Amended and Restated Intergovernmental Agreement (“IGA”) is entered into by and between the City of Avondale, the City of Buckeye, the City of Goodyear and Maricopa County, for and on behalf of their respective police departments or law enforcement agencies. Throughout this IGA governmental entities listed may be referred to as a “Party” and may be referred to collectively as “Parties”. The law enforcement agency of the Parties will be referred to as “Agency” or “Agencies”. I. RECITALS WHEREAS, the Parties are authorized and empowered by A.R.S. §§ 11-951 et. seq. and A.R.S. § 13-3872, and in some instances by city charter provision, to enter into agreements for the joint exercise of governmental powers and law enforcement mutual aid; and WHEREAS, agreements for mutual assistance and intergovernmental cooperation in public safety areas have existed between municipalities and governmental jurisdictions; and WHEREAS, pursuant to an Intergovernmental Agreement executed on or about October 1, 2012 the Parties partnered together for the design, construction and operation of the Southwest Family Advocacy Center (“the Center”) to provide a multi-disciplinary team approach with regard to investigation, assessment, medical treatment, and prosecution of child and vulnerable sexual/physical abuse, sexual abuse of adults and domestic violence cases; and WHEREAS, on October 1, 2022, the City of Avondale, on behalf of the Center, was awarded grant funding from the Arizona Department of Emergency and Military Affairs (“DEMA”) for costs associated with programs, equipment and/or activities that reduce human trafficking; and WHEREAS, the DEMA grant provided that the City of Avondale was authorized to distribute, oversee, and report the usage of the grant funding on behalf of and to partners of the Center; and WHEREAS, the DEMA grant provided funding for partnering agencies to investigate potential trafficking cases, create a trafficking task force, pay personnel overtime associated with investigations and undercover operations, and other ancillary costs; and WHEREAS, it is the desire of the Parties and Agencies to create a sex trafficking task force to coordinate efforts to identify, locate and rescue victims of child and adult sex trafficking by conducting undercover operations and online investigations, while also providing resources to victims and apprehending offenders. NOW THEREFORE, in consideration of the mutual promises, inducements, covenants, agreements, conditions and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows: Page 2 of 14 West Valley Sex Trafficking Task Force II. PURPOSE & CREATION The purpose of this IGA is to define the cooperative effort between the Parties and Agencies charged with the investigation of criminal offenses concerning sex trafficking of adults and minors. Furthermore, this IGA outlines procedures for reimbursement for certain law enforcement expenses associated with sex trafficking investigations including personnel overtime, training, and undercover operations. This IGA creates the West Valley Sex Trafficking Task Force (“Task Force”) which is comprised of the Agencies of the above listed Parties. III. MISSION The mission of the Task Force is to identify, locate and rescue victims of child and adult sex trafficking by conducting undercover operations and investigations, while also providing resources to victims and apprehending offenders. This will be achieved through collaborative efforts among the Agencies, proper training, acquisition of necessary equipment and on-going investigative operations. IV. OBJECTIVES Each Agency, individually and while coordinating efforts, will strive to achieve the following objectives: • To identify, locate, and assist trafficking victims. • To provide resources and assistance to trafficking victims. • To identify, locate, and apprehend sex buyers and potential predators. • To suppress sex buying operations. • To enforce local ordinances and state statutes. • To assist other Agencies with the suppression of sex and human trafficking. V. RESPONSIBILITIES The responsibilities of each individual Agency vary depending upon the specific investigation, operation or task. The following outlines general responsibilities of the Agencies: A. All Agencies will: 1. Identify and investigate sex traffickers; 2. Identify sex trafficking victims and make referrals for social services; 3. Collaborate with other investigative Agencies to proactively identify sex and human trafficking cases; 4. Provide training, educational materials, and technical assistance concerning sex trafficking to assigned personnel about, but not limited to, the following topics: i. Sex trafficking victim’s mindset ii. Applicable local ordinances and state statutes iii. Best practices for trafficking operations iv. Current sex trafficking trends Page 3 of 14 West Valley Sex Trafficking Task Force v. Undercover tactics for sex trafficking investigations vi. Tactical considerations for sex trafficking operations vii. Legal requirements concerning sex trafficking investigative operations viii. Correct verbiage, and online chatting associated with sex trafficking 5. Provide planned takedown and cover teams for assigned personnel when operating within the Agency’s jurisdiction (when necessary and depending upon staffing availability) 6. In accordance with the respective Agency’s policies, assigned Detectives and Sergeants will be expected to utilize body worn camera or other covert recording systems provided by the Agency or Task Force in order to record encounters, conversations, and interactions with subjects in order to protect the integrity and safety of all involved. B. Avondale Police Department will: 1. Provide one assigned Sergeant to supervise the operations 2. Provide one assigned Detective 3. Initiate investigations regarding sex trafficking 4. Provide coordination and support in raising awareness and capacity among Avondale Police Department, community-based and faith-based organizations, public and private service providers, and other non-governmental organizations (“NGOs”) through training, community forums, and the development of a regional protocol for the identifying and responding to human and sex trafficking. 5. Foster collaboration between community based-organizations, members of at- risk communities, NGOs, and law enforcement Agencies through specialized training and working group discussions; and 6. Improve methods of communication between law enforcement Agencies and the victim service providers in the City of Avondale to ensure a coordinated community response to human and sex trafficking. C. Goodyear Police Department will: 1. Provide one assigned Detective 2. Initiate investigations regarding human sex trafficking 3. Provide coordination and support in raising awareness and capacity among Goodyear Police Department, community-based and faith-based organizations, public and private service providers, and other non-governmental organizations (NGOs) through training, community forums, and the development of a regional protocol for the identifying and responding to human and sex trafficking. 4. Foster collaboration between community based-organizations, members of at- risk communities, NGOs, and law enforcement Agencies through specialized training and working group discussions 5. Improve methods of communication between law enforcement Agencies and the victim service providers in the City of Goodyear, including the Crisis Page 4 of 14 West Valley Sex Trafficking Task Force Intervention Team with the Goodyear Fire Department, to ensure a coordinated community response to human and sex trafficking. D. Buckeye Police Department will: 1. Provide one assigned Detective; 2. Initiate investigations regarding human sex trafficking; 3. Provide coordination and support in raising awareness and capacity among Buckeye Police Department, community-based and faith-based organizations, public and private service providers, and other non-governmental organizations (NGOs) through training, community forums, and the development of a regional protocol for identifying and responding to human and sex trafficking. 4. Foster collaboration between community based-organizations, members of at- risk communities, NGOs, and law enforcement Agencies through specialized training and working group discussions; and 5. Improve methods of communication between law enforcement Agencies and the victim service providers in the City of Buckeye to ensure a coordinated community response to human and sex trafficking. E. Maricopa County Sheriff’s Office will: 1. Provide one assigned Detective; 2. Initiate investigations regarding human trafficking; 3. Provide coordination and support in raising awareness and capacity among law enforcement in the area of Maricopa County, community-based and faith-based organizations, public and private service providers, and other non- governmental organizations (NGOs) through training, community forums, and the development of a regional protocol for the identifying and responding to human and sex trafficking. 4. Foster collaboration between community based-organizations, members of at- risk communities, NGOs, and law enforcement Agencies through specialized training and working group discussions; and 5. Improve methods of communication between law enforcement Agencies and the victim service providers in the area of Maricopa County to ensure a coordinated community response to human and sex trafficking. VI. OPERATIONS Each Agency will be primarily responsible for directing, monitoring, and carrying out the operations set forth below: A. Outreach Operation: 1. Detectives will visit known forums, websites and geographical areas known for soliciting sex to identify offenders. Detectives will then set up a meeting at a pre-selected place and time. Once probable cause is established, the prostituted person will be detained by the arrest team that is staged nearby. 2. Once the prostituted person is cleared of weapons or other harmful items, they will be introduced to service providers and advised they are not going to be Page 5 of 14 West Valley Sex Trafficking Task Force arrested for the offense. The prostituted persons will be given the option of accepting services or leaving the location. 3. This is a non-enforcement detail solely focused on the rescue of victims of child and adult sex trafficking. 4. The primary Detective will complete a departmental report documenting the encounter in their respective records management system in accordance with their assigned department policy. B. Customer apprehension program: 1. Detectives will post ads on multiple forums, websites known to be frequented by sex buyers and predators who operate in a geographical area where there are known sex buyers. Once probable cause is established investigators may disclose the hotel location or hotel room to the suspect (as needed) or take the suspect in custody on location if applicable. The exact locations of the operation will only be disclosed with permission of Agency command to avoid multiple suspects arriving at the same time. Assigned Detectives will assist with workups and identification of suspects prior to the suspects arrival, if applicable. 2. Surveillance/overwatch teams will be set up in the parking lot or in the area of the undercover Detective and provide intel to other assigned personnel. 3. Takedown teams will take suspect into custody when deemed safe to proceed and in an appropriate location. 4. This is an enforcement operation which will be focused on identifying and arresting sex buyers. 5. Sex buyers will be charged with applicable city and or state offenses during this operation. 6. The primary Detective will complete a departmental report documenting the encounter in their respective records management system in accordance with their assigned department policy. C. Child predator operation: 1. Detectives will focus on arresting sexual predators who are looking to traffic and/or engage in sexual activity with underage persons. Ads will be posted on a variety of internet sites commonly used to facilitate child sex, sex trafficking and prostituted persons. The undercover officers and detectives posing as juveniles and/or traffickers will field calls/texts/emails from suspects and set a “date” after an agreement for sexual services is determined. 2. Once a suspect arrives at the meet location, and probable cause has been established, the suspect will be taken into custody by the arrest team(s). 3. This operation is focused on identifying, locating, and arresting child predators for applicable city and or state offenses. 4. The primary Detective will complete a departmental report documenting the encounter in their respective records management system in accordance with their assigned department policy. Page 6 of 14 West Valley Sex Trafficking Task Force VII. COSTS AND ANY REIMBURSEMENT A. The Parties will be responsible for primary costs associated with implementing this IGA that are incurred by their respective Agencies. B. In no event shall any Party charge other Parties for any administrative fees for any work performed pursuant to this IGA. C. The City of Avondale has obtained a grant from DEMA. The grant provides for reimbursement for certain expenses associated with this IGA, including overtime pay, training, and various ancillary costs associated with sex trafficking investigative operations. The grant provisions are set forth in Attachment A, incorporated herein. D. Each Agency shall provide supporting documentation to the City of Avondale for Agency reimbursements. Agency reimbursement documentation shall be sent to the City of Avondale to the following contacts: Advocacy Director: Reem George Southwest Family Advocacy Center Director 2333 N Pebble Creek Pkwy STE A-200 Goodyear, AZ 85395 Office: 623-333-7911 Email: rgeorge@avondaleaz.gov Finance and Budget: Veronica Martinez Account Analyst City of Avondale 11465 West Civic Center Drive, Suite 250 Avondale, AZ 85323 Office: 623-333-2044 Email: vmartinez@avondaleaz.gov E. Pursuant to the DEMA grant agreement, reimbursement amounts for each task force member, includes the following amounts: 1. Monthly overtime hours worked up to $64,800 for the duration of the grant period 2. Out of state travel for professional development up to $1,600 a year for three years, 3. Out of state travel for case follow-up, up to $1,300 a year for three years. F. Any Agency request for reimbursement shall be submitted to the City of Avondale in accordance with the following schedule: PERIOD OF PERFORMANCE SUBMITTAL OF REIMBURSEMENT DOCUMENTATION DUE DATE Qtr. 1: July 1 – September 30 Qtr. 1: October 15 Qtr. 2: Oct.1 – Dec.31 Qtr. 2: January 15 Qtr. 3: Jan.1 - March 31 Qtr. 3: April 15 Qtr. 4: April 1 - June 30 Qtr. 4: July 15 Page 7 of 14 West Valley Sex Trafficking Task Force VIII. EQUIPMENT Computers, phones, internet access and any other hardware will be provided by the City of Avondale and will be considered the property of the City of Avondale. IX. EFFECTIVE DATE, DURATION AND CANCELLATION OF IGA This IGA shall become effective upon date execution upon the last date it is signed by all Parties and shall remain in effect until December 31, 2025, unless otherwise terminated by the terms of this IGA or operation of law. Failure by one or more Parties to execute the IGA shall not invalidate the IGA as to those Parties who did so. Any Party may withdraw from this IGA with or without cause by giving thirty (30) calendar days written notice to the other Parties to the IGA. X. SUPERVISON AND WORKER'S COMPENSATION Pursuant to A.R.S. § 23-1022(D), for the purposes of worker's compensation coverage, all employees of each Party covered by this IGA shall be deemed to be an employee of all Parties. The parent Agency shall be solely liable for payment of worker's compensation benefits. Each Agency shall post a notice required pursuant to A.R.S. § 23- 1022(E). In addition, any volunteer of a Party that is involved in the execution of training, events, or activities pursuant to this IGA shall be considered an employee of that Party pursuant to A.R.S. § 23-901.06 and entitled to benefits pursuant to A.R.S. Title 23, Chapter 6 Worker’s Compensation. XI. Non-Joint Venture No term or provision in this Agreement is intended to create a partnership, joint venture or agency arrangement between any of the Parties. XII. Employee Responsibility Parties acknowledge that under this IGA an employee of one party is not to be considered an employee of another party in regard to rights of County merit, County retirement, or County personnel rules. The parties shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, occupational disease compensation, unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning the party’s individual employees and shall save and hold one another harmless with respect thereto. XIII. NONDISCRIMINATION No Party shall engage in any form of illegal discrimination. The Parties to this IGA shall comply with all applicable provisions of state and federal non-discrimination laws and regulations which mandates that all persons, regardless of race, religion, sex, age, national origin or political affiliation shall have equal access to employment opportunities and all other federal and state employment and educational opportunity laws, rules and regulations, including the Americans with Disabilities Act. Page 8 of 14 West Valley Sex Trafficking Task Force XIV.. INDEMNIFICATION To the extent permitted by law, each Party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other Party and its officials, officers, employees, volunteers and agents (collectively, "Indemnitees") 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 are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. If a Claim or Claims by third parties become subject to this indemnity provision, the Parties to this IGA that are the subject of such Claim or Claims shall expeditiously meet to discuss a common and mutual defense, including possible proportionate liability and payment of possible litigation expenses and damages. The obligations shall survive termination of this IGA. XV. INSURANCE Maricopa County is self-insured and can provide a letter of self-insurance for the following upon request. The following insurance requirements are applicable: A. Each Party agrees to procure and maintain for the duration of the IGA, insurance against claims for injury to persons or damage to property that may arise from or in connection with this IGA. B. The insurance requirements contained in this IGA are minimum requirements and in no way limit the indemnity covenants contained in this IGA. The Agencies in no way warrant that the minimum limits are sufficient to protect the Parties from liabilities that might arise out of this IGA. The Parties are free to purchase additional insurance as they deem necessary. C. Minimum Scope and Limits of Insurance: Each Party shall provide coverage with limits of liability not less than those stated below: Commercial General Liability – Occurrence Form. Policy shall include bodily injury, property damage, personal injury, and broad form contractual liability coverage. General Aggregate $2,000,000 Each Occurrence $1,000,000 D. Workers’ Compensation Insurance. Each Party shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over each Agencies employees engaged in the performance of work or services under this IGA and shall also maintain Employers Liability Insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee and $1,000,000 disease policy limit. E. Notice of Cancellation: Each insurance policy required by the insurance provisions of this IGA shall not be suspended, voided, cancelled, reduced in coverage or in limits without Page 9 of 14 West Valley Sex Trafficking Task Force ten (10) business days’ written notice from the insurer to the Agencies. Notice shall be mailed directly to the Agencies and shall be sent by certified mail, return receipt requested. F. Acceptability of Insurers: Insurance coverage must be provided by an insurance company admitted to do business in Arizona and rated A-VII or better by AM Best’s Insurance Rating or by a risk retention pool authorized pursuant to A.R.S. § 11-952.01. G. A party to this Agreement that is self-insured shall provide a Certificate of Self-Insurance showing no less than the minimum CGL and Workers’ Compensation limits listed in this section. XVI. GOVERNING LAW The laws of the State of Arizona shall govern this IGA. Venue will be in the Maricopa County Superior Court. In the event of any litigation or arbitration arising out of this IGA, the substantially prevailing Party in such litigation or arbitration shall be entitled to recover its reasonable attorney fees, expert witness fees and other costs of litigation. XVII. COMPLIANCE WITH E-VERIFY PROGRAM To the extent provisions of A.R.S. § 41-4401 are applicable, all Parties warrant to each Party that they will comply with all Federal Immigration laws and regulations that relate to their employees and that each now complies with the E-Verify Program under A.R.S.§ 23-214(A). A breach of this warranty will be considered a material breach of this IGA and may subject the breaching party to penalties up to and including termination of this IGA. All the Parties retain the legal right to inspect the documentation of any employee who works pursuant to this IGA or any related subcontract to ensure compliance with the warranty given above. Any Party may conduct a random verification of the employment records of any other Party to ensure compliance with this warranty. A Party will not be considered in material breach of this IGA if it establishes that it has complied with the employment verification provisions prescribed by 8 USCA§ 1324(a) and (b) of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214(A). The provisions of this Article must be included in any contract either Party enters with any and all of its contractors or subcontractors who provide services under this IGA. XVIII. NOTICES Any notice required to be given under this IGA will be provided to all Parties to this IGA. The Task Force Chiefs shall compile a list of each Agency’s contact person, address, and phone number and distribute said list to each Party to this IGA. The contact list shall be updated annually. Page 10 of 14 West Valley Sex Trafficking Task Force XVIV. CANCELLATION PROVISIONS PURSUANT TO A.R.S. § 38-511 The Parties reserve all rights that each may have to cancel this IGA for possible conflicts of interest under A.R.S. § 38-511, as amended. V. OTHER PROVISIONS The following general agreements are applicable: A. If any provision of this IGA shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provision hereof. B. This IGA contains the entire understanding between the Parties with respect to the subjects hereof and supersedes all prior negotiations and agreements. This IGA may be amended only by an instrument in writing and signed by all the participating Parties. The waiver of any breach of this IGA shall not be deemed to amend this IGA and shall not constitute waiver of any other subsequent breach. Headings are for convenience and shall not affect interpretation. C. Each party agrees to comply with A.R.S. §§ 35-393 et seq., if applicable. Nothing within this IGA shall be construed to limit the ability of participating Agency to provide, or as otherwise allowed for by law, such assistance in any enforcement action as may be lawfully requested by a law enforcement officer having jurisdiction over an incident, crime, or matter under consideration. D. The Parties expressly agree that this IGA is neither intended by any of its provisions to create any right of the public or any member thereof as a third-party beneficiary, nor authorize anyone not a Party to this IGA to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this IGA. E. Neither this IGA nor any of its rights and obligations, may be transferred or assigned by any Party, without the consent of all Parties. F. No term or provision in this IGA is intended to create a partnership, joint venture, or Agency arrangement between the Parties. XVVI. MULTIPLE COUNTERPARTS This IGA may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Neither a signature for every Party nor a signature line shall be required in each counterpart, except that on a counterpart being brought forward by a Party to its legislative body or equivalent for approval, that particular counterpart shall have to be signed and executed in accordance with that Party's practice. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. Each Agency shall provide a copy of its fully executed IGA to every other Agency. [SIGNATURES ON FOLLOWING PAGES] Page 11 of 14 West Valley Sex Trafficking Task Force We, the undersigned, as authorized representative of the named Party and Agency, do hereby approve this document. IN WITNESS WHEREOF, the parties hereto have executed this IGA as of the date of the last signature set forth below (the “Effective Date”). “Avondale” CITY OF AVONDALE, an Arizona municipal corporation _______________________ Ron Corbin, City Manager Date: _______________________ ATTEST: ________________________ Marcella Carrillo, City Clerk CERTIFICATION BY LEGAL COUNSEL In accordance with the requirements of ARIZ. REV. STAT. § 11-952(D), the undersigned Attorney acknowledges that (i) he has reviewed the above IGA on behalf of his client and (ii) as to his client only, has determined that the IGA is in proper form and is within the powers and authority granted under the laws of the State of Arizona. _________________________ Nicholle Harris, City Attorney [SIGNATURES CONTINUE ON FOLLOWING PAGES] Page 12 of 14 West Valley Sex Trafficking Task Force “Buckeye” CITY OF BUCKEYE, an Arizona municipal corporation _________________________ Daniel Cotterman, City Manager Date: _______________________ ATTEST: _______________________ Buckeye City Clerk CERTIFICATION BY LEGAL COUNSEL In accordance with the requirements of ARIZ. REV. STAT. § 11-952(D), the undersigned Attorney acknowledges that (i) he has reviewed the above IGA on behalf of his client and (ii) as to his client only, has determined that the IGA is in proper form and is within the powers and authority granted under the laws of the State of Arizona. _______________________ K. Scott McCoy, City Attorney [SIGNATURES CONTINUE ON FOLLOWING PAGES] Page 13 of 14 West Valley Sex Trafficking Task Force “Goodyear” CITY OF GOODYEAR, an Arizona municipal corporation ________________________ Wynette Reed, City Manager Date: _______________________ ATTEST: _________________________ Darcie McCracken, City Clerk CERTIFICATION BY LEGAL COUNSEL In accordance with the requirements of ARIZ. REV. STAT. § 11-952(D), the undersigned Attorney acknowledges that (i) he has reviewed the above IGA on behalf of his client and (ii) as to his client only, has determined that the IGA is in proper form and is within the powers and authority granted under the laws of the State of Arizona. __________________________ Roric V. Massey, City Attorney [SIGNATURES CONTINUE ON FOLLOWING PAGES] Page 14 of 14 West Valley Sex Trafficking Task Force “County” COUNTY OF MARICOPA, ARIZONA, an Arizona municipal corporation _______________________________________ Clint Hickman, Chairman, Board of Supervisors Date: _______________________ ATTEST: _____________________________ Juanita Garza, Clerk of the Board CERTIFICATION BY LEGAL COUNSEL In accordance with the requirements of ARIZ. REV. STAT. § 11-952(D), the undersigned Attorney acknowledges that (i) she/he has reviewed the above IGA on behalf of her/his client and (ii) as to her/his client only, has determined that the IGA is in proper form and is within the powers and authority granted under the laws of the State of Arizona. _______________________ County Attorney