23-28 SWFAC MOU WITH PHOENIX CHILDRENS AND HONOR HEALTH(28429.3).docx
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MOU
SOUTHWEST FAMILY ADVOCACY CENTER
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE FOLLOWING PARTICIPATING
AGENCIES: CITY OF AVONDALE,
CITY OF GOODYEAR,
CITY OF BUCKEYE,
STATE OF ARIZONA - DEPARTMENT OF
CHILD SAFETY
MARICOPA COUNTY – COUNTY
ATTORNEY’S OFFICE,
MARICOPA COUNTY – COUNTY SHERIFF’S
OFFICE,
HONOR HEALTH,
AND
PHOENIX CHILDREN’S HOSPITAL, INC.
The City of Avondale Southwest Family Advocacy Center (“Center”), pursuant to various
Intergovernmental Agreements, was created to provide integrated services for victims of abuse
through the collaboration of the City of Avondale (“Avondale”), City of Buckeye (“Buckeye”),
City of Goodyear (“Goodyear”), Maricopa County (“Maricopa”), and the State of Arizona
Department of Child Safety (collectively referred to as “Governmental Agencies” for the purposes
of the Memorandum of Understanding). See Attachments 1 and 2.
One of the core missions of the Center is to provide on-site collaboration and the use of multi-
disciplinary team approach for children who are victims of abuse. This multidisciplinary team
approach is used for prevention, investigation, protection, medical assessment, and referral
for prosecution and treatment of children who are victims of abuse.
Honor Health and Phoenix
Children Hospital (collectively referred to as “Nonprofit
Organizations”) employ forensic teams who conduct forensic medical examinations of children
who are victims of abuse.
We, the undersigned Nonprofit Organizations and Governmental Agencies, agree to this
Memorandum of Understanding (“MOU”) which memorializes our support of policies, services
and programs provided by Center to assist children who are victims of abuse.
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We recognize that children who have been abused have specific needs and may be in a fragile
state through no fault of their own. Our current systematic response to the needs of abused
children in Maricopa County includes a wide array of professional services from both public and
private sectors.
We recognize that a coordinated, collaborative and systematic response enhances the investigative
process and provides for the immediate medical and therapeutic treatment therefore improving
the welfare of children. Having recognized these things, the undersigned support
coordination between the Governmental Agencies and the Nonprofit Organizations.
Each of the undersigned agrees to support the provisions as outlined in this MOU and the
protocols and policies created by the Center to implement the coordination effort.
We acknowledge that the multidisciplinary team approach through the Center will serve to
enhance the individual efforts of each of the undersigned entities.
We acknowledge that through the coordination of the Governmental Agencies and Nonprofit
Organizations, and through community support and awareness, the Center will assist in
coordinating efforts to ensure the protection and preservation of the children of Arizona.
GENERAL PROVISIONS
1.
Each Governmental Agency and Nonprofit Organization will work with and
assist Center to ensure that the best interests and protection of children will be served.
2.
Each Governmental Agency and Nonprofit Organization shall participate at
the Center as resources allow.
3.
All reasonable efforts will be made by each Governmental Agency and Nonprofit
Organization to coordinate each step of the investigative process in order to minimize the number
of interviews and medical exams to which achild is subjected to at the Center.
4.
Each Governmental Agency and Nonprofit Organization, through its duly
authorized representative(s) will participate in regularly established multi-agency case reviews.
5.
Each Governmental Agency and Nonprofit Organization will agree to assist,
to a reasonable level and as resources allow the Center with the collectionof information for
case tracking purposes.
6.
Each Governmental Agency and Nonprofit Organization will be invited and
encouraged to attend training sponsored by the Center. The Center may, but is not obligated
to, provide financial support for professionals and volunteers to attend specialized training in
Center’s sole discretion.
7.
All Center volunteers must meet the criteria set forth by the Center in order to
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qualify as volunteers.
8.
It is expressly understood that each Governmental Agency and Nonprofit
Organization will work within its departmental mandates and policies. Nothing contained herein
supersedes the statutes, rules and regulations governing each Governmental Agency and
Nonprofit Organization.
9.
Each Governmental Agency and Nonprofit Organization participating at the
Center agrees, as resources allow, to provide specially trained professionals with skills in
interviewing, assessment, and investigation to handle appropriate cases of child sexual and
physical abuse.
10.
Any conflicts or divergence from protocols and procedures that occur regarding
cases being addressed by the Center shall be discussed and evaluated at the disciplinary team
meeting to definea solution acceptable to all parties.
11.
Each Governmental Agency and Nonprofit Organization wishes to protect the
confidentiality of certain confidential information disclosed solely for use as part of the
multidisciplinary team under this MOU (the “PermittedUse”).
12.
Any Governmental Agency or Nonprofit Organization (the “Disclosing Party”)
may disclose or make available to another MOU participant (the “Receiving Party”), whether
orally or in physical or electronic form, confidential or proprietary information concerning the
Disclosing Party and/or its activities, cases, business, products, services, marketing, or
promotional or technical information in connection with this MOU, which shall include the
terms and conditions of this MOU (collectively, the “Confidential Information”). For purposes
hereof, Confidential Information will not include information (i) that was previously known to
the Receiving Party without an obligation of confidentiality; (ii) that was acquired by the
Receiving Party from a third party that was not, to the Receiving Party’s knowledge, under an
obligation to not disclose such information; (iii) that is or becomes publicly available through
no fault of Receiving Party; or (iv) that the Disclosing Party gave written permission to the
Receiving Party to disclose.
13.
Except as otherwise required by applicable law, each Receiving Party agrees that
(i) it will use the Confidential Information of the Disclosing Party solely for the Permitted Use
and (ii) it will not disclose the Confidential Information of the Disclosing Party to any third party
other than the Receiving Party’s employees or agents, on a need-to-know basis, who are bound
by obligations of nondisclosure and limited use at least as strict as those contained herein. The
Receiving Party will protect the Confidential Information of the Disclosing Party in the same
manner that it protects theconfidentiality of its own proprietary and confidential information and
materials of like kind, but in no event less than a reasonable standard of care. The Receiving
Party is responsible for any breach of the confidentiality provisions of this MOU by its
employees or agents. In the event the Receiving Party receives a subpoena or other validly issued
administrative or judicial process demanding the Confidential Information, the Receiving Party
will give the Disclosing Party prompt written notice of the subpoena or demand so that the
Disclosing Party may assert any defenses to disclosure that may be available. Any such defenses
must be asserted within thirty (30) days of the Disclosing Party’s written notice. Confidential
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Information disclosed by the Disclosing Party to the Receiving Party will at all times remain the
exclusive property of the Disclosing Party. The Receiving Party shall not receiveany right, title,
or interest in, or any license or right to use, Confidential Information or any intellectual property
rights therein, by implication or otherwise except as explicitly provided herein.
14.
Except as otherwise required by applicable law, the Receiving Party shall, upon
the termination of this MOU or the request of the Disclosing Party, return to the Disclosing Party
all Confidential Information received by the Receiving Party from the Disclosing Party and all
Confidential Information in the Receiving Party’s possession or control (and all copies and
reproductions thereof). Alternatively, at the Receiving Party’s option, the Receiving Party shall
destroy all Confidential Information received by the Receiving Party from the Disclosing Party
(and all copies and reproduction thereof) and any notes, reports, or other documents prepared
by the Receiving Party that contain Confidential Information. Notwithstanding the return or
destruction of the Confidential Information, the Receiving Party will continue to be bound by
the obligations, including confidentiality, hereunder.
15.
All Governmental Agencies and Nonprofit Organizations further agree to comply
with any and all federal and state laws, rules and regulations regarding the confidentiality of
medical information and health care records included in such Confidential Information. To the
extent such requirements apply to this MOU, each entity will comply with its own rules,
regulations and policies required by state and federal law, including without limitation, the Health
Insurance Portability and Accountability Act and its implementing regulations (collectively
"HIPAA") where applicable.
16.
Any public announcement or press release that specifically references the Center
shall be reviewed and approved by the Center prior to the release. The Governmental Agency or
Nonprofit Organization shall provide the public announcement or press release to the Center at
fifteen (15) days prior to release. The use of the Center’s name, logo or intellectual property
require prior written approval. Nothing in this MOU shall be deemed to grant to any Agency any
right related to any of the trademarks, trade name, or good will of the Center.
17.
Subject to the protections provided to Confidential Information in Section 11
above, each Agency participating at the Center will immediately share pertinent case information
as permitted byprotocol and all applicable law, including HIPAA.
18.
The Governmental Agencies and Nonprofit Organizations will work to
identify strategies that raise public awareness regarding prevention, identification,
investigation, intervention, and treatment of child abuse.
19.
The Governmental Agencies and Nonprofit Organizations shall support the
Center to meet the Standards of Accreditation set forth by National Children's Alliance. See
Attachment 3.
20.
The Governmental Agencies and Nonprofit Organizations intend to create a
collaboration and not a partnership. No provision of this MOU shall be construed or deemed to
create any joint venture, joint enterprise, or agency relationship among the undersigned entities,
and no undersigned entity shall have the right to enter into contracts on behalf of, to legally bind,
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to incur debt on behalf of, or to otherwise incur any liability or obligation on behalf of the other
undersigned entities hereto, in the absence of a separate writing, executed by an authorized
representatives.
Each Governmental Agency and Nonprofit Organization shall be solely
responsible for its representatives, employees, and contractors. All undersigned entities shall not
hold themselves out as employees or agents of each other. No entity shall withhold on behalf of
the employees of another, any sums for income tax, unemployment insurance, social security or
any other withholding or benefit pursuant to any law or requirement of any governmental body.
Nothing in this MOU is intended nor shall be construed to create an employer/employee
relationship, or to allow the undersigned entities to exercise control over one another in themanner
in which their employees or agents perform services which are the subject of this MOU.
21.
Each undersigned entity hereto (the “Indemnifying Party”) agrees to defend,
indemnify, and hold harmless each of the other undersigned entities (each, an “Indemnified
Party”) and their successors, permitted assigns, estates, executors and heirs, to the fullest extent
permitted by applicable law, including, but not limited to, U.S. federal tax law and Idaho state
laws, against all claims, damages, losses, liabilities, costs and expenses (including, without
limitation, settlement costs and any reasonable legal, accounting, and other expenses for
investigating or defending any actions or threatened actions) (collectively “Losses”) incurred by
the Indemnified Parties to the extent that such Losses arise from or are due to (i) the negligence,
willful misconduct or fraud of the Indemnifying Party; and/or (ii) a breach of any of the terms,
conditions, representations or warranties of this MOU.
22.
The Indemnified Parties shall provide prompt notice to the Indemnifying Party of
any potential claim subject to indemnification hereunder; provided, however, that failure to give
such notification shall not affect the indemnification provided under this MOU except to the extent
the Indemnifying Party shall have been materially prejudiced as a result of such failure. The
Indemnifying Party shall assume the defense of the claim through legal counsel designated by it
and reasonably acceptable to the Indemnified Parties, provided that each Indemnified Party may
obtain separate legal counsel at its own expense. The Indemnifying Party shall not settle or
compromise any claim, or consent to the entry of any judgment, without the prior written consent
of the Indemnified Parties, which consent shall not be unreasonably withheld, conditioned or
delayed. The Indemnified Parties shall cooperate with the Indemnifying Party in the defense of a
claim, provided that such cooperation shall be at the Indemnifying Party’s expense and within
reasonable limitations.
23.
No undersigned entity shall be liable to the other for lost profits or business,
indirect, consequential or punitive damages, whether based in contract or tort (including
negligence, strict liability orotherwise), and whether or not advised of the possibility of such
damages.
24.
Each undersigned entity agrees that none of the Center’s directors, officers,
employees, or any of their respective agents shall have any personal obligation hereunder, and that
no undersigned entity shall not seek to assert any claim or enforce any of their rights hereunder
against any of the other undersigned entities. The limitations set forth in this paragraph shall
survive any cancellation, expiration, or termination, for any reason, of this MOU.
25.
No Governmental Agency or Nonprofit Organization shall be responsible for the
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negligence or wrongful acts/omissions of another party, its officers, trustees, directors, or
employees.
26.
This MOU is not intended to and shall not confer upon any other person or business
entity, other than the parties hereto, any rights or remedies with respect to the subject matter of this
MOU.
SPECIAL AGENCY PROVISIONS
1. The City of Avondale, City of Goodyear, City of Buckeye, and Maricopa County (Sheriff’s
Office) shall:
Utilize the Center as the primary office for the Lieutenant, Detectives and civilian staff
of the of the Center to assist with child abuse investigations.
Exercise final authority regarding all criminal processes involving cases that
originate in the respective entity’s jurisdiction including those conducted jointly
with the Department of Child Safety and/or other entities.
Not knowingly or intentionally bring a suspected abuser to the Center.
2. The Department of Child Safety (DCS) shall:
For cases assigned to the Office of Child Welfare Investigations (“OCWI”) unit of DCS,
coordinate with signatory entities to protect childrenwho are served by Center to conduct
investigations, assess degree of risk and coordinate services for the children and their
families.
Exercise final authority regarding DCS administrative processes including those
conducted jointly with the any of the undersigned entities.
3. The Maricopa County Attorney's Office shall:
Be responsible for assessing the legal aspects of the cases subject to this MOU in accordance
with its prosecutorialrole.
4. Phoenix Children's Hospital and Honor Health shall:
Utilize its respective forensic teams to provide unbiased forensic medical examinations
on children presenting to the Center with allegations of abuse.
If applicable, have the sole and exclusive right to charge, bill, collect and retain all
monies received for its professional services provided to patients encountered due to
this MOU.
5. The Center shall:
Provide signatory agencies in this MOU with a professional working environment
including administrative and facilities support to ensure child abuse cases are handled
properly.
Provide, at a minimum, immediate crisis intervention by specialized therapists to
respond to children and non-offending caregivers during the investigation process at
the Center.
Provide specialized, dedicated staff to conduct forensic interviews of children alleging
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abuse.
Provide victim advocacy through either dedicated staff and/or involvement from mental
health staff.
Facilitate regularly scheduled review of cases presented at the Center. Facilitate regularly
scheduled peer review of forensic interviews.
EFFECTIVE DATE, MODIFICATION, TERMINATION AND ADDITONAL
PROVISIONS
1. This MOU will be effective on November 1, 2024, and will remain in effect fora period of five
years from the date of signature, unless terminated earlier in accordance with termination
requirements outlined in this MOU.
2. This MOU shall only be modified with the consent of all signatory entities.
3. The MOU and guidelines may be terminated by written notice, submitted to all signatories.
Anyparty may terminate the MOU and Provisions, without or without cause, by providing
thirty (30) days' written notice. Upon termination of this MOU, all rights and obligations of
the Agencies shall cease, except those rights and obligations that have accrued or expressly
survive, or that by their terms are intended to survive, such termination.
4. Parties of this MOU, whether housed at the Center or not, agree to the guidelines and provisions
as outlined in this MOU.
5. ARBITRATION: The parties to this MOU agree to resolve all disputes arising out of or relating
to this MOU 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. See
Attachment 4.
6. CONFLICT OF INTEREST: The requirements of A.R.S. § 38-511 apply to this MOU. Any
party may cancel this MOU, without penalty or further obligation, if a conflict exists pursuant
to A.R.S. § 38-511. See Attachment 5.
7. NON-DISCRIMINATION: All parties shall comply with Executive Order 2023-01, 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. Both 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. See Attachment 6.
8. AUDIT OF RECORDS: Pursuant to A.R.S. § 35-214 and § 35-215, all parties shall retain all
data, books and other records ("records") relating to this MOU for a period of five years after
completion of the MOU. All records shall be subject to inspection and audit by the State of
Arizona at reasonabletimes. Upon request, either party shall produce the original of any or all
such records. See Attachments 7 and 8.
9. NON-AVAILABILITY OF FUNDS: In accordance with ARS § 35-154, every payment
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obligation of the State under the Agreement is conditioned upon the availability of funds
appropriated or allocated for payment of such obligation. If funds are not allocated and available
for the continuance of this Agreement, this Agreement may be terminated by the State at the
end of the period for which fundsare 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 as a result of termination under this paragraph. See Attachment 9.
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PARTICIPATING ENTITIES
IN WITNESS WHEREOF, the entities below have caused this MOU to be executed by their
respective representatives duly authorized so to do as of the date below. Signatures contained on
this document acknowledge the participation by the represented entities and affirmation that the
represented agencies and all members will adhere to this MOU to the best of their ability.
City of Avondale, Avondale Police Department/Southwest Family Advocacy Center
Ron Corbin, City Manager
Date
City of Goodyear, Goodyear Police Department
Wynette Reed, City Manager
Date
City of Buckeye, Buckeye Police Department
Daniel Cotterman, City Manager
Date
Maricopa County, Maricopa County Sheriff’s Office
Sheriff’s Department Representative
Date
Department of Child Safety Representative:
David Lujan, DCS Director
Date
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Maricopa County Attorney’s Office Representative:
Rachel Mitchell, Maricopa County Attorney
Date
Phoenix Children’s Hospital Representative:
Signature
Date
HonorHealth Representative:
Signature
Date
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ATTACHMENTS
ATTACHMENT 1:
Intergovernmental Agreement between Partnering
Agencies
ATTACHMENT 2:
Intergovernmental Agreement between Partnering
Agencies and Department of Child Safety
ATTACHMENT 3
National Children’s Alliance Standards Link
ATTACHMENT 4:
A.R.S.§ 12-1518
ATTACHMENT 5:
A.R.S.§ 38-511
ATTACHMENT 6:
Executive Order 2023-01 Protecting Employment Opportunity
ATTACHMENT 7:
A.R.S.§ 35-214
ATTACHMENT 8:
A.R.S.§ 35-215
ATTACHMENT 9:
A.R.S.§ 35-154
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ATTACHMENT 1:
Intergovernmental Agreement between
Partnering Agencies
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ATTACHMENT 2:
Intergovernmental Agreement between
Partnering Agencies and Department of Child
Safety
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ATTACHMENT 3:
NCA's National Standards of Accreditation -
National Children's Alliance
(nationalchildrensalliance.org)
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ATTACHMENT 4:
A.R.S.§ 12-1518
A.R.S.§ 12-1518. State and political subdivisions; use of arbitration
A. In the discretion of any state agency, board or commission or any political subdivision of this
state, the services of the American arbitration association, or any other similar body, may be used
as provided by this article. Any agreement to make use of arbitration shall be made either at the
time of entering into a contract or by written mutual agreement at a subsequent time prior to the
filing of any civil action.
B. Notwithstanding subsection A of this section, a state agency, board or commission shall include
an agreement to make use of arbitration in all contracts which are subject to mandatory arbitration
pursuant to rules adopted under section 12-133.
C. Notwithstanding subsection A or B of this section, a state agency, board or commission shall
include an agreement to make use of arbitration as provided in this article in public works contracts
if the amount in controversy is less than one hundred thousand dollars.
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ATTACHMENT 5:
A.R.S.§ 38-511
A.R.S. 38-511. Cancellation of political subdivision and state contracts; definition
A. The state, its political subdivisions or any department or agency of either may, within three
years after its execution, cancel any contract, 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 contract on behalf
of the state, its political subdivisions or any of the departments or agencies of either is, at any time
while the contract or any extension of the contract is in effect, an employee or agent of any other
party to the contract in any capacity or a consultant to any other party of the contract with respect
to the subject matter of thecontract.
B. Leases of state trust land for terms longer than ten years cancelled under this section shall
respect those rights given to mortgagees of the lessee by section 37-289 and other lawful provisions
of the lease.
C. The cancellation under this section bythe state or its political subdivisions shall be effective when
written notice from the governor or the chief executive officer or governing body of the political
subdivision is received by all other parties to the contract unless the notice specifies a later time.
D. The cancellation under this section by any department or agency of the state or its political
subdivisions shall be effective when written notice from such party is received by all other parties
to the contract unless the notice specifies a later time.
E. In addition to the right to cancel a contract as provided in subsection A of this section, the state,
its political subdivisions or any department or agency of either may recoup any fee or commission
paid or due to any person significantly involved in initiating, negotiating, securing, drafting or
creating the contract on behalf of the state, its political subdivisions or any department or agency
of either from any other party to the contract arising as the result of the contract.
F. Notice of this section shall be included in every contract to which the state, its political
subdivisions, or any of the departments or agencies of either is a party.
G. For purposes of this section, "political subdivisions" do not include entities formed or operating
under title 48, chapter 11, 12, 13, 17, 18, 19 or 22.
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ATTACHMENT 6:
Executive Order 2023-01
Protecting Employment Opportunity
Executive Order 2023-01
Protecting Employment Opportunity (amending Executive
Order 2003-22 and Executive Order 2009-09)
WHEREAS, ensuring that Arizona is for everyone requires that every Arizonan should have the
opportunity to participate in the workforce; and
WHEREAS, work provides individuals with the potential for not only a source of income, but also
a source of pride, sense of accomplishment, and social and community interaction; and
WHEREAS, workplace protections are
linked
to
greater
job
commitment, improved
workplace relationships, increased job satisfaction, and improved health outcomes of employees;
and
WHEREAS, the personnel, procurement and contracting practices of the State of Arizona should
reflect the State's firm commitment to building an inclusive and diverse workforce for all
Arizonans; and
WHEREAS, the largest personnel system in Arizona state government is the State Personnel
System, which is administered by the Arizona Department of Administration in accordance with its
statutory authority and through regulations and statewide policies and procedures; and
WHEREAS, the Department of Administration administers the Arizona Procurement Portal
which facilitates more than $8 billion in contractual transactions annually with more than 30,000
vendors serving Arizonans in every corner of the state; and
WHEREAS, across the nation, there were more than 35,000 charges of pregnancy discrimination
filed with the U.S. Equal Employment Opportunity Commission from federal fiscal years 2011
through 2021; and
WHEREAS, across the nation, 57% of veterans with a disability report fear of being discriminated
against in hiring practices because of their disabilities; and
WHEREAS, across the nation, more than 40% of lesbian, gay, bisexual and transgender people
report experiencing unfair treatment at work, including being fired, not hired, or harassed based
on their sexual orientation or gender identity; and
WHEREAS, 91 percent of Fortune 500 companies prohibit discrimination based on sexual
orientation, and 83 percent prohibit discrimination based on gender identity;
NOW, THEREFORE, I, Katie Hobbs, Governor of the State of Arizona, by virtue of the power
vested in me by the Arizona Constitution and the laws of this State, do hereby:
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1.
Affirm the State's commitment to the elimination of all barriers to employment that
artificially restrict hiring, promotion, recruitment, compensation, and tenure based on any
status or characteristic that is not directly related to the performance of the job; and
2.
Direct the Department of Administration to establish procedures by April 1, 2023, to be
used by all State Agencies to ensure the following protections for employment opportunity:
a.
Adopt policies to ensure that hiring, promotion, recruitment, compensation and
tenure is on the basis of merit and qualifications, is in accordance with all existing
federal, state, and local laws, rules, policies, or executive orders, and prohibit
discrimination based on race, color, sex, pregnancy, childbirth or medical
conditions related to pregnancy or childbirth, political or religious affiliation or
ideas, culture, creed, social origin or condition, genetic information, sexual
orientation, gender identity or expression, national origin, ancestry, age, disability,
military service or veteran status, or marital status.
b.
Include provisions in all new state contracts or subcontracts, in accordance with all
existing federal, state, and local laws, rules, policies, or executive orders to prohibit
discrimination based on race, color, sex, pregnancy, childbirth or medical conditions
related to pregnancy or childbirth, political or religious affiliation or ideas, culture,
creed, social origin or condition, genetic information, sexual orientation, gender
identity or expression, national origin, ancestry, age, disability, military service or
veteran status, or marital status by the persons performing the contract or
subcontract.
3.
Direct the Department of Administration to continue to research, analyze, and implement
best practices in protecting employment opportunity and to create awareness of the
importance of this issue throughout state government using internal communications,
trainings, and other operational tools.
4.
For the purposes of this Order, the term "State Agency" has the same meaning prescribed in
A.R.S.§ 41-741(15). This Order does not apply to, (i) state governmental entities that are
not included in A.R.S. § 41-741(15) and (ii) one or more offices headed by one or more
statewide elected officials. Although these organizations are not included, they are
encouraged, along with all private employers operating in Arizona, to adopt similar
employment opportunity protections.
5.
Executive Orders 2003-22 and 2009-09 are hereby deemed amended as necessary to
comply with the terms of this Order, provided, however, that this Order shall not affect the
applicability of federal and State law exemptions as contemplated by Executive Order
2009-09, which exemptions shall remain in full force and effect so long as such exemptions
are enforceable pursuant to State and federal law (as applicable).
6.
This Order does not confer any legal rights or remedies upon any persons and shall not be
used as a basis for legal challenges to a State Agency's refusal to consider an applicant for
employment, the removal of an applicant from consideration for employment, the denial
of an employment application, or any inaction of a State Agency.
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ATTACHMENT 7:
A.R.S.§ 35-214
A.R.S. 35-214. Inspection and audit of contract provisions
A. Except as provided in subsection C, in all contracts and subcontracts for the furnishing of goods,
equipment, labor, materials or services to the state, or any of its agencies, boards, commissions or
departments, there shall be a provision that all books, accounts, reports, files and other records
relating to the contract shall be subject at all reasonable times to inspection and audit by the state
for five years after completion of the contract. The contract provision shall also require that such
records be produced at such state offices as designated by the state in the contract.
B. Nothing in subsection A shall preclude a more stringent audit requirement agreed to by the parties
in any state contract, and no rule of procedure shall limit the authority of the state to exercise its
rights under this section.
C. This section does not apply to contracts or subcontracts for the furnishing of goods, equipment,
materials or services to any agency, board, commission or department of this state by another
agency, board, commission or department of this state or a political subdivision of this state.
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ATTACHMENT 8:
A.R.S.§ 35-215
A.R.S. 35-215. Influencing, obstructing or impairing audit; classification
A person who, with intent to defraud, or deceive, improperly influences, obstructs or impairs an
audit being conducted or about to be conducted in relation to any contract or subcontract with the
state is guilty of a class 5 felony.
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MOU
SOUTHWEST FAMILY ADVOCACY CENTER
ATTACHMENT 9:
A.R.S.§ 35-154
A.R.S. 35-154. Unauthorized obligations; effect; liability
A. No person shall incur, order or vote for the incurrence of any obligation against the state or for
any expenditure not authorized by an appropriation and an allotment. Any obligation incurred in
contravention of this chapter shall not be binding upon the state and shall be null and void and
incapable of ratification by any executive authority to give effect thereto against the state.
B. Every person incurring or ordering or voting for the incurrence of such obligations, and his
bondsmen, shall be jointly and severally liable therefor. Every payment made in violation of the
provisions of this chapter shall be deemed illegal, and every official authorizing or approving such
payment, or taking part therein, and every person receiving such payment, or any part thereof, shall
be jointly and severally liable to the state for the full amount so paid or received.