MCAO CHILDHELP CONTRACT__FI SERVICES 6 2021.PDF

MARICOPA COUNTY ATTORNEY’S OFFICE
CONTRACT FOR SERVICES FOR MINOR VICTIMS
WHEREAS this Agreement is entered into this __—sday of , 2021 between Childhelp,
Inc. And the Maricopa County Attorney, acting through the Maricopa County Attorney’s Office
(“MCAO”), is responsible for investigating, gathering evidence, reviewing such evidence and
prosecuting criminal conduct in Maricopa County, including but not limited to matters of child
physical abuse, child sexual assaults, sexual abuse matters involving minors; and,
WHEREAS, MCAO, in furtherance of its obligation to investigate and prosecute child physical
abuse, sexual assault and sexual abuse involving minors, desires to obtain the services of qualified
providers who will assist in the collection of evidence, including forensic interviews of minors who
are or are alleged to be victims of sexual assault, sexual abuse, child physical abuse, and who are
willing to provide unbiased testimony in cases of suspected child maltreatment; and,
WHEREAS, CHILDHELP, Inc (Childhelp) maintains and is willing to provide staff with
knowledge and expertise to gather and collect evidence, conduct forensic interviews and otherwise
assist in the furtherance of the investigation and prosecution of sexual assaults or sexual abuse matters
involving minors, and assist the Maricopa County Attorney's Office in such matters; with the
understanding that their evaluation may include consultation and courtroom testimony as it pertains to
such cases.
WHEREAS, MCAO, desires to enter into an agreement with Childhelp to conduct such
interviews and assist with the type of investigations listed above.
NOW, THEREFORE, the parties (collectively referred to as MCAO and Childhelp) hereto
agree to enter into this Agreement (the Agreement):
1. SCOPE OF WORK
1.1. PROVIDERS AND SERVICES
For of this Agreement, Childhelp will provide the services as set forth in
purposes
Attachment B at one of the Advocacy Centers listed in Attachment A.
1.2. TRAINING AND EDUCATION: CHILDHELP, INC shall provide resumes and/or CV
and documentation as follows for each member of the Team providing any Services
pursuant to this Agreement.
2. OTHER REQUIREMENTS. Childhelp will, at its sole expense, do the following:
2.1. Provide appropriate and sufficient clerical staff to prepare reports and provide other
support related to performing the Services.
2.2. Update the list of Team members (with their respective professional designation,
address, phone and fax numbers, and email addresses) in Attachment A.

3. COMPENSATION AND REIMBURSEMENT: As compensation and reimbursement for the
services, MCAO shall pay Childhelp as set forth in Attachment C.
4, ADDITIONAL TERMS AND CONDITIONS:
4.1. The terms of this Agreement shall be construed in accordance with Arizona law; any
action to enforce this Agreement shall be brought in the State of Arizona Superior Court
in and for Maricopa County.
4.2. Childhelp understands and agrees that this Agreement is subject to all laws, rules and
regulations that pertain hereto, including but not limited to laws, rules, and regulations
expressly mentioned in this Agreement.
4.3. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)
COMPLIANCE: Each party agrees to comply with the Health Insurance Portability and
Accountability Act requirements that are applicable to any records or other information
described in this Agreement.
4.4, RELATIONSHIP OF PARTIES: Childhelp by the terms of this Agreement is an
independent contractor, and shall not be considered an officer, agent or employee of
Maricopa County or the MCAO, and the relationship established herein is not one of
joint venture, partnership or any other business relationship, other than as set forth by the
terms herein.
4.5, RETENTION OF RECORDS:
4.5.1. Childhelp agrees to retain all financial books, records, and other documents
relevant to this Agreement for five (5) years after final payment or until the final
resolution of any audit questions (which could be more than five (5) years),
whichever is longer.
4.5.2. Childhelp will retain all records, including but not limited to intake reports, written
reports, and digital copies of the forensic interviews for at least twenty (20) years.
4.5.3. The MCAO, Federal or State or County auditors, and any other persons duly
authorized by law shall have access to and the right to examine, copy, and use any
records and other materials related to this Agreement, except medical records,
which require additional authorization pursuant to Arizona law. Records will be
maintained and retained pursuant to Childhelp’s existing facility practices, policies
and/or procedures.
4.6. TERM OF AGREEMENT: This Agreement is effective as of the date of the last
signature to this Agreement and shall continue for agreed upon period below thereafter
(the “Term”) unless terminated by either party in accordance herewith. When fully

executed and approved by the MCAO), this agreement will supersede the existing
agreement and will be effective from the date of such approval until June 30", 2024.
4.7. OPTION TO EXTEND. MCAO may, at its option and with the agreement of Childhelp,
extend the period of this Agreement, up to a maximum of three (3) additional one (1)
periods. MCAO must notify Childhelp in writing of MCAO’s intention to extend
year
this Agreement; such notice shall be delivered not less than thirty (3 0) calendar days
prior to the expiration of this Agreement. The terms and conditions of any such
Agreement extension, including any associated pricing, shall be subject to mutual
written agreement of the parties.
4.8. TERMINATION.
4.8.1. This Agreement is subject to cancellation in accordance with the provisions of
A.R.S. § 38-511.
4.8.2. Either party may terminate this Agreement at any time, with 60 days’ written
notice to the other party; this sixty days’ notice requirement shall not apply to
termination by the MCAO under Section 4.9 (Default) or Section 4.14 (Availability
of Funds). Such notice shall be given by personal delivery or by registered or
certified mail to the addresses listed in the Notice section below.
4.8.3. This Agreement may be terminated by mutual written agreement of the parties
specifying the termination date therein.
4.9. DEFAULT: The MCAO may suspend, terminate, or modify this Agreement immediately
written notice to Childhelp in the event of a nonperformance of stated objectives or
upon
other material breach of this Agreement, or upon any event which would jeopardize the
ability of the MCAO to perform any of its obligations.
4.10. AMENDMENTS: All amendments to this Agreement must be in writing and signed by
both parties.
4.11. CHANGES: Either party may request changes in the scope of the services to be
performed by Childhelp hereunder on an annual basis. All such changes, which are
mutually agreed upon by the parties, shall be incorporated in written amendments to this
Agreement. All such amendments shall state any increase or decrease in the amount of
services or reimbursement to be provided by Childhelp or due to Childhelp.
4.12. ASSIGNMENT OR SUBCONTRACTING: Childhelp may not assign this Agreement
or Subcontract to another party for performance of the terms and conditions hereof
without the written approval of MCAO.

4.13. AUDIT DISALLOWANCES: If at any time it is determined by Maricopa County or
the MCAO that a reimbursement for which payment has been made is disallowed due to
failure to submit required documentation, the MCAO shall notify Childhelp in writing of
the disallowance and the required course of action. Unless Childhelp disputes the
disallowance pursuant to the terms provided herein, MCAO may at its option either
adjust any future claim or reimbursement or require repayment of the disallowed amount
by Childhelp.
4.14. AVAILABILITY OF FUNDS: The provisions of this Agreement relating to
reimbursement or payment for services shall become effective when funds assigned for
compensating Childhelp are available to MCAO for disbursement. MCAO shall be the
sole judge and authority in determining the availability of funds under this Agreement
and MCAO shall keep Childhelp fully informed as to the availability of funds and will
not seek additional services under this Agreement if funds are not available.
4.15. AGREEMENT COMPLIANCE MONITORING: The MCAO shall monitor
Childhelp’s compliance with, and performance under, the terms and conditions of this
Agreement. Childhelp shall make available for inspection and/or copying by the MCAO
all records and accounts relating to the work performed or the services provided in this
Agreement.
4.16. COVENANT AGAINST CONTINGENT FEES: Childhelp warrants that no person or
selling agency has been employed or retained to solicit or secure this Agreement upon an
agreement or understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona-fide employees or bona-fide established commercial or selling agencies
maintained by Childhelp for the purpose of securing business. For breach of this
warranty, Maricopa County and MCAO shall have the right to terminate this Agreement
in accordance with the termination clause, and in their sole discretion, to deduct from the
Agreement price or consideration, or otherwise recover, the full amount of such
commission, percentage, brokerage, or contingent fee.
4.17. RIGHTS IN DATA: MCAO shall have the use of data and reports resulting from this
Agreement without additional cost or other restriction except as may be established by
law or applicable regulation. Each party shall supply to the other party, upon request,
any available information that is relevant to this Agreement and to the performance
hereunder.
4.18. SEVERABILITY: Any provision of this Agreement, which is determined to be invalid,
void, or illegal shall in no way affect, impair, or invalidate any other provision hereof,
and remaining provisions shall remain in full force and effect.
4.19. STRICT COMPLIANCE: Acceptance by MCAO of performance not in strict
compliance with the terms hereof shall not be deemed to waive the requirement of strict
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compliance for all future performance obligations. Unless specified otherwise, all
changes in performance obligations under this Agreement must be in writing.
REQUIREMENTS CONTRACT:
This Contract does not guarantee any minimum or maximum number of interviews that will be
required to be performed by Childhelp.
4.20. INDEMNITY: 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 the negligent performance of this
Agreement, 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, officials, agents, employees, or volunteers.
Indemnification for punitive damages will not be provided by either Party.
4.21. INSURANCE OBLIGATIONS. For the obligations, services, and duties Childhelp is to
provide under this Agreement, Childhelp shall secure and maintain in force, general
liability insurance and professional liability (malpractice) insurance with minimum
of $2,000,000 per occurrence and no less than $ 4,000,000 annual aggregate
coverage
and workers’ compensation coverage at a level consistent with industry
coverage,
standards. Childhelp shall furnish evidence of such coverage to the MCAO, and
Childhelp shall provide the MCAO 30 days’ notice of cancellation of this insurance
coverage.
4.21.1. All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of this Agreement is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of MCAO, constitute a material breach of this Agreement.
4.21.2. Upon request by MCAO, Childhelp shall furnish MCAO with valid and complete
certificates of insurance or a self-insurance letter issued by Childhelp’s insurer(s) or
risk management department, as evidence that policies providing the required
conditions and limits required by this Agreement are in full force and
coverage,
effect.
4.21.3. Any failure to comply with the claim reporting provisions of the insurance
policies or any breach of an insurance policy warranty shall not affect Maricopa
County’s right to coverage afforded under the insurance policies.
4.21.4. The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be

applicable with respect to the coverage provided to Maricopa County under such
policies. Childhelp shall be solely responsible for the deductible and/or self-insured
retention.
4.22. NON-DISCRIMINATION
4.22.1. Childhelp agrees to comply with all provisions and requirements of Arizona
Executive Order 2009-09 including flow down of all provisions and requirements to
any subChildhelps. Executive Order 2009-09 supersedes Executive order 99-4 and
amends Executive order 75-5 and may be viewed and downloaded at the Governor
of the State of Arizona’s website
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1
which is hereby incorporated into this contract as if set forth in full herein. During
the performance of this contract, CHILDHELP shall not discriminate against any
employee, client or any other individual in any way because of that person’s age,
race, creed, color, religion, sex, disability or national origin. Unless exempt under
applicable law, the parties shall not discriminate against any employee or applicant
for employment because of race, age, disability, color, religion, sex or national
origin. The parties shall take affirmative action to ensure that applicants are
employed and that employees are treated during employment without regard to their
race, age, disability, color, religion, sex or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay
or other forms of compensation, and selection for training, including apprenticeship.
The parties shall, to the extent such provisions apply, comply with Title VI and VI
of the Federal Civil Rights Act; the Federal Rehabilitation Act; the Age
Discrimination in Employment Act; the Americans With Disabilities Act; and
Arizona Executive Order 99-4, which mandates that all persons shall have equal
access to employment opportunities.
4.23. E-VERIFICATION OF EMPLOYEES:
4.23.1. By entering into this Agreement, Childhelp warrants compliance with the
Immigration and Nationality Act (INA using e-verify) and all other federal
immigration laws and regulations related to the immigration status of its employees
and A.R.S. §23-214(A). Childhelp shall obtain statements from any subChildhelps
certifying compliance and shall furnish the statements to MCAO upon request.
These warranties shall remain in effect through the term of this Agreement.
Childhelp shall also maintain Employment Eligibility Verification forms (I-9) as
required by the Immigration Reform and Control Act of 1986, as amended from
time to time, for all employees performing work under the Contract and verify
employee compliance using the e-verify system and shall keep a record of the

verification for the duration of the employee’s employment or at least three years,
whichever is longer. I-9 forms are available for download at USCIS.GOV
4.23.2. MCAO retains the legal right to inspect the relevant and not privileged portions of
the employment records of Childhelp and any Provider performing work under this
Contract to verify compliance with of this Agreement. Childhelp and the relevant
Provider(s) shall be given reasonable notice of MCAO’s intent to inspect and shall
make the documents related to the performance of this Agreement available at the
time and date specified. Should MCAO suspect or find that Childhelp or any
Provider(s) are not in compliance, MCAO will consider this a material breach of
this Agreement and may pursue any and all remedies allowed by law, including, but
not limited to: suspension of work, termination of this Agreement for default, and
suspension and/or debarment of Childhelp. All costs necessary to verify compliance
are the responsibility of Childhelp.
4.24 CHILDHELP PROCEDURES AND CONTROLS
Childhelp shall establish and maintain procedures and controls that are adequate to
assure that no information contained in its records and/or obtained from MCAO or from
others in carrying out its functions (services) under the Contract shall be used by or
disclosed by it, its agents, officers, or employees, except as required to efficiently
perform duties under the Contract. Childhelp’s procedures and controls at a minimum
must be the same procedures and controls it uses to protect its own proprietary or
confidential information. If, at any time during the duration of the Contract, MCAO
determines that the procedures and controls in place are not adequate, Childhelp shall
institute any new and/or additional measures requested by MCAO within 15 calendar
days of the written request to do so.
4.25 ISRAEL BOYCOTT CERTIFICATION
If Childhelp Inc. engages in for-profit activity and has 10 or more employees, and if this
LOA has a value of $100,000 or more, Childhelp, Inc. certifies it is not currently engaged
in, and agrees for the duration of this LOA to not engage in, a boycott of goods or
services from Israel. This certification does not apply to a boycott prohibited by 50
U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.
4.26 DISPUTES: Any matter which cannot be resolved by the parties will be submitted for review to the
Maricopa County Attorney or designee. The decision of the Maricopa County Attorney or designee is the
final determination of the matter. The parties retain the right to pursue any judicial remedies available
under Arizona law.

4.27. NOTICE Whenever written notice is required or permitted to be given by either party to
the other, such notice shall have been deemed to have been sufficiently given if personally
delivered or sent via certified or registered mail, return receipt requested, address
For MCAO: Maricopa County Attorney’s Office
Grant and Contract Administrator
225 West Madison Street
Phoenix, AZ 85003
For CHILDHELP, INC:
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Entered into as of the date of the last signature below.
CHILDHELP, INC.
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Mubelle K Lise fez
Tt ~ TRF
Date
MARICOPA COUNTY ATTORNEY
Allister Adel, Maricopa County Attorney Date
MARICOPA COUNTY, ARIZONA APPROVED AS TO FORM:
Chairman, Board of Supervisors Deputy County Attorney
Date Date
ATTEST:
Clerk of the Board Date

Attachment A: List of Providers and Advocacy Center
Advocacy Center:
Childhelp Center of Arizona
2120 N. Central, Suite 130
Phoenix, AZ 85004
Providers/Team Members (as of the date of execution of contract):
Sarah Ford
Jennifer Ingalls
Gladys Levario
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Attachment B: Services
CHILDHELDP, Inc will provide the services set forth below
1. Forensic Interviews:
1.1. Forensic Interviews are to be conducted by Childhelp through its qualified employees or
agents who shall be mutually agreed upon by the parties prior to engaging in any
forensic interview. Interviews shall be digitally audio and video recorded. Childhelp will
the video recording and provide a copy of the interview to the referring law
preserve
enforcement agency. The preserved recordings must be maintained on a secure server or
on a secure hard drive for twenty years or until destruction is authorized by MCAO,
whichever occurs first.
1.2. The individuals who will be the subject of the Forensic Interview will be those who are
referred by law enforcement and shall include but are not limited to, minors who have
witnessed or been victims of violence (including child physical abuse) or who have
made allegations of sexual assault or abuse, individuals who are mentally challenged or
disabled, emotionally challenged or disabled, or present with a behavioral health malady.
1.3. It is understood by the parties that the information derived from a Forensic Interview
be used to assist the examining physician with the provision of appropriate health
may
care services for this individual and for use in any investigation or prosecution of any
matter under the jurisdiction of MCAO.
1.4. In addition to conducting the Forensic Interview, Childhelp will prepare and produce a
report for Maricopa County Attorney's Office documenting the Forensic Interview,
provide fact witness testimony in court regarding the Forensic Interview, attend and
participate in defense interviews and pretrial preparation, consult with representatives of
law enforcement and prosecution, and be available for consultation as necessary. MCAO
will make every effort to minimize the number, frequency and duration of all defense
interviews and pretrial preparatory sessions to reduce the impact on Team members’
regular work schedules.
1.5, On occasion, a Forensic Interviewer may be hired to provide expert witness testimony in
cases in which the Forensic Interviewer did not see the child.
1.6. Participate in regularly scheduled activities as requested by MCAO.
1.7. Childhelp understands that the forensic interviewers may be asked to participate in, upon
request and reasonable notice, in multi-disciplinary and interdisciplinary team meetings
(MDT’s) consisting of healthcare professionals, law enforcement agencies and
attorneys. When the forensic interviewers agree to participate, the service shall be
provided at no additional charge.
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ATTACHMENT C: COMPENSATION AND REIMBURSEMENT
1. MCAO will reimburse Childhelp at a rate of $350.00 per interview for Forensic Interviews
Services provided by Childhelp as described in Attachment B, Section 1.1. This includes a
one-hour pretrial interview with defense counsel, consultation with the assigned prosecutor,
and court testimony, including any retrials.
If the interview is conducted in Spanish, MCAO will reimburse Childhelp at a rate of
$400.00 per interview for Forensic Interview Services provided by Childhelp as described
in Attachment B, Section 1.1. This includes a one-hour pretrial interview with defense
counsel, consultation with the assigned prosecutor, and court testimony, including any
retrials.
In addition to the rate of reimbursement enumerated in Attachment C, Sections 1 and 2 above,
MCAO will reimburse Childhelp for:
3. Expert witness in-court testimony by Forensic Interviewer shall be provided upon request
by MCAO at a rate of $300.00 per hour. This fee is only for those cases not originally
brought to ChildHelp for services under Attachment B, section 1.5 above. Any pretrial
interview requested by the defense shall be paid by the defense at a rate of $200 per hour,
prorated in 15-minute increments after the initial hour. If the defense attorney is OPDS,
Childhelp will bill MCAO. If the defense attorney is private, MCAO will notify the
defense of the need to pay Childhelp in advance for the cost of the interview based on the
length of the interview the defense is requesting.
ChildHelp assumes sole and exclusive responsibility for payment of any federal and state
income taxes, federal social security taxes and other mandatory governmental deductions
or obligations, including worker's compensation for any and all of its employees, and
agrees to hold County and MCAO harmless for any and all liability which the County of
MCAO may incur because of ChildHelp’s failure to pay such taxes or obligations.
Method of Payment; Invoice and Timeliness Requirements
Childhelp will submit a statement or invoice for forensic interviews performed the previous
month by the 15" of each month. The invoice shall include, at a minimum, the following
information regarding each case for which payment is claimed for the forensic interviews:
the name of the Provider(s);
the date(s) on which each forensic interview was provided;
Name of Child
Referring Agency
Name of Detective
DR/IR (Departmental Report/Investigative Report)
Age of Victim/Interviewee
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Childhelp shall submit a statement or invoice for expert testimony defense interviews and expert
testimony performed the previous month by the 15th of each month. Defense interviews shall
only be billed to MCAO if the defense attorney is employed by OPDS. This invoice shall
include, at a minimum, the following information regarding each case for which payment is
claimed for the interview/testimony:
e The Name of the Provider(s);
e The name of the defendant/MCAO case;
e The name of the assigned MCAO Deputy County Attorney and/or other representative
who requested the service detailed on the invoice;
e The date(s) on which the interview/expert testimony was provided;
e Whether the payment is for a defense interview of the expert or expert testimony;
e Ifservice was an interview, the name of the defense attorney.
MCAO will, within (30) thirty business days from the date of receipt of Childhelp’s statement or
invoice, process and remit to Childhelp a warrant for payment. Should Maricopa County make a
disallowance in the claim, in whole or in part, Childhelp may dispute the disallowance.
Childhelp understands and agrees that Maricopa County will not honor any claim for payment
submitted more than six months after the date of service. Childhelp understands and agrees that
Maricopa County will not process any claim for payment for services rendered prior to the
termination date of this Agreement submitted more than (60) sixty days after such termination
date without the prior approval of MCAO.
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