MARICOPA COUNTY ATTORNEYS OFFICE FORENSIC NURSING CONTRACT FINAL FOR SIGNATURE.PDF

AGREEMENT BETWEEN
MARICOPA COUNTY, BY AND THROUGH MARICOPA COUNTY ATTORNEY’S OFFICE,
AND SCOTTSDALE HEALTHCARE
HOSPITALS d.b.a. HONORHEALTH
WHEREAS, Maricopa County (“COUNTY”), by and through Maricopa County Attorney’s
Office (“MCAO”), is charged with the responsibility of investigating, gathering evidence,
reviewing such evidence, and prosecuting criminal conduct in Maricopa County,
including but not limited to sexual assault, sexual abuse, and intimate partner domestic
violence matters.
WHEREAS, MCAO in furtherance of its obligation to prosecute sexual assault, sexual
abuse, intimate partner domestic violence matters, and other offenses, is desirous of
obtaining the services of forensic nurse examiners who will assist in conducting
medical-forensic examinations and the collection of samples/potential evidence of those
referred by MCAO and/or law enforcement, which shall include, but are not limited to
those who are reporting or have made allegations of sexual assault, sexual abuse,
physical abuse, and domestic violence strangulation. It is understood by the parties that
the information derived from a forensic interview may be used to assist the examiner
with the provision of appropriate health care resources for such an individual and for
use in any investigation or prosecution of any matter under MCAO’s jurisdiction.
WHEREAS, Scottsdale Healthcare Hospitals doing business as HonorHealth
(“HonorHealth”) Department of Forensic Nurse Examiners (“FNE”) possesses the
knowledge and expertise to provide specialty health care services and resources to
patients who present conditions, symptoms, and injuries that may indicate sexual
assault, sexual abuse, physical abuse, or intimate partner domestic violence
strangulation. The FNE’s primary responsibility is to provide personalized
comprehensive medical care to patients that have experienced interpersonal violence,
such as sexual assault, domestic violence, and child abuse. As part of their role, FNE
may gather and collect evidence, conduct medical forensic examinations, or otherwise
assist in patient medical care in cases of, but not limited to sexual assault, sexual
abuse, physical abuse, or intimate partner domestic violence strangulation.
NOW, THEREFORE, the parties intending to be legally bound hereto agree to enter this
Agreement (“Agreement”) according to the terms and conditions set forth below:
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1.0 SCOPE OF WORK
1.1 FORENSIC NURSE EXAMINER SERVICES
FNE agrees to provide to MCAO, through qualified forensic nurse
examiners, services that include: comprehensive medical-forensic
examinations; specialized documentation; timely response; sample
collection; courtroom testimony; and other areas agreed herein as referred
by MCAO including, but not limited to cases involving sexual assault,
sexual abuse, physical abuse, or intimate partner domestic violence
strangulation.
1.2 TRAINING, EDUCATION, AND LICENSE:
HonorHealth must maintain the following standards and provide
documents that demonstrate the following for FNE and all forensic nurse
examiners employed by FNE:
1.2.1 Possess a minimum of 2 years RN experience in a practice that
applies nursing theory for decisions regarding forensic nursing
practice;
1.2.2 Maintain current CPR certification;
1.2.3 Completion of at least 40 hours in the forensic nursing evaluation of
victims of sexual assault/abuse and/or domestic violence;
1.2.4 Complete continuing education credits in forensic nursing science
each year and participate in the peer review process;
1.2.5 Be a graduate of a National League of Nursing Accredited School
of Nursing and possess an active, current, full and unrestricted
Arizona Registered Nurse License;
1.2.6 FNE shall be licensed by any and all accrediting organizations
necessary per state, federal and local guidelines, and are expected
to be maintained current and up to date. HonorHealth, at its sole
expense shall maintain all required education, certifications, and
licensing requirements; and
1.2.7 FNE as part of the medical profession may conduct research as
appropriate for improved clinical practice under the guidelines of an
Institutional Review Board (IRB) as deemed necessary.
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1.3 ROLES & RESPONSIBILITIES
1.3.1 When assigned, the forensic nurse examiners will be accessible
and shall be on call and able to respond in a timely manner 24
hours each day as requested by the appropriate law enforcement
agency. The response time required to the sites is one (1) hour.
1.3.2 The most common sites that FNE respond to are as follows:
1.3.2.1 Mesa Family Advocacy Center
225 E. 1st Street, Suite 205
Mesa, AZ 85201
1.3.2.2 Glendale Family Advocacy Center
6830 N. 57 Drive
Glendale, AZ 85301
1.3.2.3 Phoenix Family Advocacy Center
2120 N. Central Avenue
Phoenix, AZ 85004
1.3.2.4 Scottsdale Family Advocacy Center
10225 E. Via Linda
Scottsdale, AZ 85258
1.3.2.5 Southwest Family Advocacy Center
2333 N. PebbleCreek Pkwy. Suite A-200
Goodyear, AZ 85395
1.3.3 For the purposes of this Agreement, and in addition to the
aforementioned facilities, a site will also include any hospital or
licensed care facility in the metropolitan Maricopa County area, any
law enforcement agency location within Maricopa County.
1.3.4 FNE are members of an interdisciplinary team consisting of
Nursing, Law Enforcement, Legal and Advocacy representation.
Duties are as follows:
1.3.4.1 Assess, diagnose, plan, intervene and evaluate
patient care as stated in the policies and procedures,
standards of care, and clinical competencies of
HonorHealth and the FNE Department. Diagnoses
are to be made in accordance with the examination
finding and are not clinical diagnoses but nursing
diagnoses;
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1.3.4.2 Conduct a comprehensive Medical Forensic
examination of each patient including: a complete
medical history, a head-to-toe physical examination,
photographs as appropriate, sample collection or
other potential physical evidence or documentation as
indicated by the patient history or presentation and
specified by the approved sexual assault or domestic
violence strangulation or biological standards kit.
1.3.4.3 Evaluate the findings of such an examination and
report them to law enforcement as appropriate, and
maintain the chain of custody as directed by MCAO,
or in the absence of direction by MCAO, as directed
by law enforcement;
1.3.4.4 Prepare and participate in pre-trial interviews, provide
fact and expert witness testimony in court; consult
with appropriate criminal justice agencies, and
maintain availability as medical forensic subject
matter experts as necessary;
1.3.4.5 Maintain patient documentation, charting, and the
confidentiality of medical/legal records, including
abiding by HIPAA requirements where and if
applicable; and
1.3.4.6 Consult with specialists or providers as required and
adjust nursing care process as indicated to ensure
optimal medical care.
1.4 ADDITIONAL REQUIREMENTS OF FNE
1.4.1 Necessary medical equipment shall be provided by the sites listed
in section 1.3.2. Sexual assault response kits will be provided by
the Arizona Department of Public Safety. All additional examination
supplies will be provided by HonorHealth for the FNE program.
1.4.2 If the sites listed in section 1.3.2 are not available to perform lab
work, FNE must provide MCAO with the name and address of the
lab that will be retained.
1.4.3 Provide own medical assistants.
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1.4.4 Maintain $1 million of medical malpractice insurance. Certificate of
insurance evidencing such coverage shall be provided to MCAO
within two weeks of the execution of this Agreement.
1.4.5 Provide list of collaborating physicians with response including
names, addresses, and phone numbers.
1.5 FNE REPORTING OBLIGATIONS
1.5.1 An evaluation form must be established and given to the victim to
fill out which evaluates the nurses’ customer service skills, timely
response, etc.
1.5.2 A quality assurance evaluation must be created and given to the
responding law enforcement agency to evaluate the response time,
communication skills, services completed, ability to effectively
interact with the multidisciplinary team concept, etc.
1.5.3 Every six months FNE will provide a summary report to MCAO to
monitor the progress of the team. The report should include, at
minimum, the number of instances where FNE’s were called out,
the law enforcement agency involved, the police report number, the
number of victims, the number of prosecution/defense interviews,
and the number of times FNE staff testified in court.
2.0 COMPENSATION
2.1 The rate for sexual assault, sexual abuse, and physical abuse
examinations from 7/1/2017 through 6/30/2018 is $665.00 and includes
pregnancy testing. The rate for sexual assault, sexual abuse, and
physical abuse examinations from 7/1/2018 and thereafter is $700.00 and
includes pregnancy testing.
2.2 The rate for each intimate partner domestic violence (strangulation)
examination from 7/1/2017 through 6/30/2018 is $565.00. The rate for
each intimate partner domestic violence (strangulation) examination from
7/1/2018 and thereafter is $600.00.
2.3 In addition to the above rates, the following rates apply to sexual assault,
abuse, and physical abuse examinations:
2.3.1. The rate for comprehensive evidence collection from a non-victim is
$150.00. Comprehensive evidence collection means the collection
of three or more samples of evidence from a non-victim.
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2.3.2. The rate for simple evidence collection of a non-victim is $100.00.
Simple evidence collection means the collection of two or fewer
samples of evidence from a non-victim.
2.3.3. Additional laboratory testing, such as cultures for Sexually
Transmitted Infections (STI) or bloodwork for HIV or RPR as
requested by law enforcement or MCAO, may be billed at a
maximum of $150.00 per case.
2.4 FNE 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, and FNE will hold COUNTY and
MCAO harmless for any and all liability which COUNTY or MCAO may
incur because of FNE’s failure to pay such taxes or obligations.
2.5 METHOD OF PAYMENT
2.5.1 FNE will submit a statement or invoice for services by the 15th of
each month.
2.5.2 Subject to the availability of funds, MCAO will, within thirty working
days from the date of receipt of the documents enumerated herein,
process and remit to FNE, a warrant for payment. Should MCAO
make a disallowance in the claim, in whole or in part, FNE may
dispute the disallowance. Such a dispute shall be processed in
accordance with Paragraph 3.22.
2.5.3 FNE understands and agrees that MCAO will not honor any claim
for payment submitted six months after date of service.
2.5.4 FNE understands and agrees that MCAO will not process any claim
for payment for services rendered prior to the expiration date of this
Agreement which is submitted 90 days or more after the expiration
date without the approval of MCAO. MCAO in its sole discretion
may waive the requirement of this section 2.5.4 with respect to a
specific claim, but such a waiver will not be considered as
precedent or cause for a waiver regarding any other claim.
2.6 CHANGES IN COSTS
2.6.1 FNE agrees to continually track the actual costs to sustain this
program and maintain an on-going dialog with MCAO regarding
adverse fluctuations in costs that could adversely affect the fiscal
sustainability and continuation and growth of the program.
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2.6.2 FNE and MCAO agree to mutually cooperate to assess cost
fluctuations and amend the compensation structure described
above in Paragraphs 2.1 through 2.4.
3.0 MISCELLANEOUS TERMS AND CONDITIONS
3.1 GENERAL REQUIREMENTS
3.1.1 The terms of this Agreement shall be construed in accordance with
Arizona Law; any action thereon shall be brought in the appropriate
court in the State of Arizona.
3.1.2 FNE is not to be considered an officer, employee, or agent of
MCAO or COUNTY, and by the terms of this Agreement, is an
Independent Contractor; 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.
3.2 ADEQUACY OF RECORDS
If FNE’s books, records, or documents relevant to this Agreement are not
sufficient to support and document that allowable services were provided,
MCAO will not pay FNE or if payment had been paid, FNE will reimburse
MCAO for the services not so adequately supported and/or documented.
3.3 AGREEMENT TERM
This Agreement shall be for a period of two years and begin on July 1,
2017 and expire on June 30, 2019.
3.4 OPTION TO EXTEND AGREEMENT
COUNTY and FNE may extend the period of this agreement for two (2)
additional years beyond the original ending date of June 30, 2019. FNE
shall be notified by MCAO of its intention to extend the Agreement period
at least thirty (30) calendar days prior to the expiration of the original
Agreement period. FNE shall thereafter promptly respond if it also desires
to extend this Agreement.
3.5 AMENDMENTS
Any amendments must be in writing and signed by both parties.
3.6 ASSIGNMENT OR SUBCONTRACTING
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3.6.1 FNE may not assign this Agreement or subcontract to another party
for performance of the terms and conditions hereof without the
written consent of COUNTY. All correspondence authorizing
subcontracting must reference the COUNTY Agreement Number
and identify the job project.
3.6.2 The subcontractor’s rate for the job shall not exceed that of the prime
contractor’s rate, as bid in the pricing section, unless the prime
contractor is willing to absorb any higher rates. The subcontractor’s
invoice shall be invoiced directly to the prime contractor, who in turn
shall pass-through the costs to MCAO, without mark-up. A copy of
the subcontractor’s invoice must accompany the prime contractor’s
invoice.
3.7 AUDIT DISALLOWANCES
If at any time it is determined by MCAO that a cost for which payment has
been made is a disallowed cost, MCAO shall notify FNE in writing of the
disallowance and the required course of action, which shall be at the option
of MCAO either to adjust any future claim submitted by FNE by the amount
of the disallowance or to require repayment of the disallowed amount by
FNE forthwith issuing a check payable to MCAO.
3.8 AVAILABILITY OF FUNDS
The provisions of this Agreement relating to payment for services shall
become effective when funds assigned for the purpose of compensating
FNE as herein provided are actually available to MCAO for disbursement.
MCAO shall have the right to terminate this Agreement at any time if
MCAO determines that funds MCAO planned to apply to payment under
this Agreement are or will become unavailable. MCAO shall be the sole
judge and authority in determining the availability of funds under this
Agreement; MCAO shall advise FNE at the earliest reasonable date if
MCAO intends to terminate this Agreement because of funding issues.
3.9 CONTRACT COMPLIANCE MONITORING
MCAO shall monitor FNE’s compliance with, and performance under, the
terms and conditions of the Agreement. FNE shall make available for
inspection and/or copying by MCAO all records and accounts relating to the
work performed or the services provided in this Agreement.
3.10 COVENANT AGAINST CONTINGENT FEES
FNE warrants that no person or selling agency has been employed or
retained to solicit or secure this Agreement upon an agreement or
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understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona-fide employees or bona-fide established commercial or
selling agencies maintained by FNE for the purpose of securing business.
For breach or violation of this warranty, MCAO shall have the right to
terminate this Agreement in accordance with the termination clause, and at
its sole discretion, to deduct from the contracted price or consideration, or
otherwise recover, the full amount of such commission, percentage,
brokerage, or contingent fee.
3.11 DEFAULT
MCAO may suspend, terminate, or modify this Agreement immediately
upon written notice to FNE in the event of a nonperformance of stated
objectives or other material breach of contractual obligations; or upon the
happening of any event, which would jeopardize the ability of FNE to
perform any of its contractual obligations. MCAO reserves the right to have
service provided by other than the FNE if the FNE is unable or fails to
provide requested service within the specified time frame.
3.12 COMPLIANCE WITH APPLICABLE LAWS
3.12.1 Each party shall comply with all applicable laws, ordinances,
Executive Orders, rules, regulations, standards, and codes of
federal and state government, whether or not specifically
referenced herein. Specifically, the following apply:
Unless exempted under federal 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 insure 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 VII of the
Federal Civil Rights Act; the Federal Rehabilitation Act; the Age
Discrimination in Employment Act; American With Disabilities Act
and; Arizona Executive Order 99-4 which mandates that all persons
shall have equal access to employment opportunities.
3.13 E-VERIFICATION OF EMPLOYEES
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3.13.1 The parties warrant that they are in compliance with A.R.S. § 41-
4401 and further acknowledge that they and their subcontractors, if
any, warrant their compliance with all federal immigration laws and
regulations that relate to their employees and their compliance with
A.R.S. § 23-214, subsection A. The parties further acknowledge
that a breach of such warranty shall be deemed a material breach
of the Agreement that is subject to penalties up to and including
termination of the Agreement.
3.13.2 Further, MCAO retains the legal right to inspect the papers of any
contractor or subcontractor employee who works on the Agreement
to ensure that the contractor or subcontractor is complying with the
warranty provided above and that the contractor agrees to make all
papers and employment records of said employee(s) available
during normal working hours in order to facilitate such an
inspection.
3.13.3 Nothing herein shall make any contractor or subcontractor an agent
or employee of the contracting government entity.
3.14 RETENTION OF RECORDS
FNE agrees to retain all financial books, records, and other documents
relevant to this Agreement for five (5) years after final payment or until after
the resolution of any audit questions which could be more than five (5)
years, whichever is longer. MCAO, federal or state auditors and any other
persons duly authorized by MCAO shall have full access to, and the right to
examine, copy, and make use of any and all said materials.
3.15 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.
3.16 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.
3.17 INDEMNIFICATION
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Each party (as “Indemnitor”) agrees, to the extent permitted by law, to
indemnify, defend and hold harmless the other party (as “Indemnitee”) for,
from and against any claims, losses, liability, costs, or expenses (including
reasonable attorneys’ fees and expert witnesses’ fees) (hereinafter
collectively referred to as “Claim” or “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 liability to the Indemnitee are caused by the act,
omission, negligence, misconduct, or the other fault of the Indemnitor, its
officers, officials, agents, employees or volunteers. This indemnification
obligation shall extend to the active or passive negligence of the COUNTY,
as indemnitee, but not in the event that the COUNTY is solely negligent.
The parties will cooperate in the investigation and defense of any Claim
subject to the indemnification hereunder. The party obligated to indemnify
any Claim shall be responsible for conducting any investigation in defense
at its sole cost.
3.18 STRICT COMPLIANCE
Acceptance by MCAO or FNE of performance not in strict compliance with
the terms hereof shall not be deemed to waive the requirement of strict
compliance for all future performance obligations. All changes in
performance obligations under this Agreement must be in writing.
3.19 TERMINATION
This Agreement is subject to cancellation in accordance with the
provisions of A.R.S. § 38-511. Either party may terminate this Agreement
at any time, with sixty (60) days notice in writing to the other party (unless
terminated by the Board of Supervisors under Availability of Funds
provision). Such notice shall be given by personal delivery or by
Registered or Certified mail. This Agreement may be terminated by mutual
written agreement of the parties specifying the termination date therein.
3.20 PRIVATE PRACTICE
3.20.1 FNE may engage in service separate and apart from this
Agreement provided that such practice does not interfere with the
performance by FNE of its obligations as set forth herein.
3.20.2 FNE agrees that in the event it, or any of its employees are named
as a defendant in litigation wherein professional misconduct is
alleged, that FNE will advise MCAO in writing as to whether or not
at the times alleged in the complaint, it or its employees were
engaged in the performance of this Agreement. In the event the
alleged conduct did not occur in connection with the performance of
this Agreement, the contractor will indemnify and hold harmless
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COUNTY and MCAO for any and all liability resulting from the
alleged conduct.
3.21 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 deposited in the United States
mail a properly stamped envelope, certified or registered mail, return
receipt requested, addressed to:
For MCAO: For FNE:
Grant & Contracts Administrator HonorHealth
301 W. Jefferson, Suite 800 Director of Community
Phoenix, AZ 85003 Partnerships
7301 E. 4th Street, Suite 1
Scottsdale, AZ 85251
with a copy to:
HonorHealth
8125 N. Hayden Road
Scottsdale, AZ 85258
Attn: Legal Department
Remainder of page left intentionally blank
Signature Page to Follow
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Entered into this _________________day of _______________, 2017.
SCOTTSDALE HEALTHCARE HOSPITALS, MARICOPA COUNTY ATTORNEY
D/B/A HONORHEALTH
____________________________
Michelle Pabis William G. Montgomery
Vice President Government & Community
Affairs
____________________________
Date Date
MARICOPA COUNTY, ARIZONA APPROVED AS TO FORM:
Chairman, Board of Supervisors Deputy County Attorney
____________________________
Date Date
ATTEST:
Clerk of the Board Date
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