MCAO.3.2017.PDF

AGREEMENT
BETWEEN
MARICOPA COUNTY (MARICOPA COUNTY ATTORNEY'S OFFICE)
AND
PHOENIX CHILDREN'S HOSPITAL
WHEREAS, Maricopa County, through the 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 obtaining the services
of qualified healthcare providers who will assist in the medical evaluation of children who are alleged
to be victims 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
healthcare providers who will assist in the medical evaluation of minors who are or are alleged to be
victims of sexual assault, sexual abuse, provide record review for suspected victims of child physical
abuse, and who are willing to provide unbiased medical testimony in cases of suspected child
maltreatment; and,
WHEREAS, Phoenix Children's Hospital maintains and is willing to provide professional
healthcare providers, staff, personnel, knowledge and expertise in the medical evaluation and
examination in cases of child sexual abuse and sexual abuse, and records review in cases of suspected
child physical abuse with the understanding that their evaluation may include consultation and
courtroom testimony as it pertains to such cases.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
contained in this Agreement, MCAO and the Phoenix Children's Hospital agree as follows:
1. SCOPE OF WORK
1.1. HEALTHCARE PROVIDERS AND SERVICES
For purposes of this Agreement, the Phoenix Children's Hospital will provide
healthcare providers, including one or more of the following: physicians, pediatric nurse
practitioners, support staff and forensic interviewers (collectively referred to as the
"Team", the individual members of the Team are sometimes referred to as Providers and
listed in Attachment A to this Agreement), who wilt provide the services as set forth in
Attachment B (the "Services") at the Advocacy Centers (as listed in Attachment A).
1.2. LICENSE REQUIREMENTS. All qualified health care providers providing services on
behalf of the Phoenix Children's Hospital pursuant to this Agreement shall be currently
licensed or certified in the State of Arizona by the appropriate regulatory board,
including but not limited to the Arizona Medical Board and the Arizona Board of
Osteopathic Medical Examiners.

1.3. TRAINING AND EDUCATION. Phoenix Children's Hospital shall provide resumes
and documentation as follows for each member of the Team providing any Services
pursuant to this Agreement:
1.3.1. Proof of current certification or licensure and proof of board eligibility or board
certification.
1.3.2. Proof of current CPR status.
1.3.3. Proof that the Provider has maintained the number of hours of continuing medical
education per year in the specialty of child physical abuse, as required for licensure
Of certification.
1.3.4. Proof that the Provider has maintained membership or active participation in a
professional organization (e.g. A.A.P.).
1,3.5. The Phoenix Children's Hospital, at its own expense, shall maintain evidence of
all applicable education, certification, and license requirements.
2. OTHER REQUIREMENTS. The Phoenix Children's Hospital will, at its sole expense, do
the following:
2.1. Obtain and maintain CLIA licensttre and all other licenses and certifications that are
necessary under state, federal and local guidelines to provide the Services under this
Agreement.
2.2. If the Advocacy Centers listed in Attachment A are not able to perform the necessary lab
work, Phoenix Children's Hospital must provide MCAO with the name and address of
an available laboratory that will provide the services under this Agreement.
2.3. Provide appropriate and sufficient clerical staff to prepare reports and provide other
support related to performing the Services.
2.4. Update the list of Team members (with their respective professional designation,
address, phone and fax numbers, and email addresses) in Attachment A.
2.5. Use reasonable efforts to obtain all necessary authorization form or on behalf of the
patient/victim to permit Phoenix Children's Hospital to share the patient/victim's
protected health information with MCAO pursuant to this agreement.
3. REPORTS. Phoenix Children's Hospital will provide:
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3.1 A mutually agreed upon evaluation form which will be given to the patient/victim, and
where appropriate, families of the patient/victim, to be completed; the purpose of the
evaluation form is to evaluate the Team's customer service skills, timely response, and
customer satisfaction. Completed forms will be provided by Phoenix Children's
Hospital to MCAO on a hi-annual basis.
3.2. A mutually agreed upon quality assurance evaluation form which is given to the law
enforcement agency to evaluate Phoenix Children's Hospital response time,
communication skills, services completed, ability to effectively interact with the
multidisciplinary team concept, etc.
3.3. Six month summary reports to MCAO to verify the progress of the Team.
4. COMPENSATION AND REIMBURSEMENT: As compensation and reimbursement for the
Services, MCAO shall pay the Phoenix Children's Hospital as set forth in Attachment C.
5. ADDITIONAL TERMS AND CONDITIONS:
5.1. 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.
5.2. The Phoenix Children's Hospital 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.
5.3. 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.
5.4. RELATIONSHIP OF PARTIES: The Phoenix Children's Hospital 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.
5.5. RETENTION OF RECORDS:
5.5.1. The Phoenix Children's Hospital 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.
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5.5.2, Phoenix Children's Hospital will retain all medical records for at least twenty (20)
years,
5,5.3, The MCA°, Federal or State 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. Medical records and imaging
studies regarding a patient's care and treatment will be maintained and retained
pursuant to existing Phoenix Children's Hospital and/or facility practices, policies
and/or procedures.
5.6. TERM OF AGREEMENT: This Agreement is effective as of the date of the last
signature to this Agreement and shall continue for three years thereafter (the "Term")
unless terminated by either party in accordance herewith. When fully executed and
approved by the Maricopa County Board of Supervisors ("Board"), this agreement will
supersede the existing agreement and will be effective from the date of such approval for
a period of three (3) years.
5.7. OPTION TO EXTEND, MCAO may, at its option and with the agreement of the
Phoenix Children's Hospital, extend the period of this Agreement, up to a maximum of
three (3) additional one (1) year periods. MCAO Hospital in writing of MCAO's
intention to extend this Agreement; such notice shall be delivered not less than thirty
(30) 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.
5.8. TERMINATION,
5.8.1. This Agreement is subject to cancellation in accordance with the provisions of
A,R.S. § 38-511.
5.8.2. 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 Board of Supervisors under Section 5.9 (Default) or Section 5.14
(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.
5,8,3. This Agreement may be terminated by mutual written agreement of the parties
specifying the termination date therein.
5.9. DEFAULT: The MCAO may suspend, terminate, or modify this Agreement
immediately upon written notice to the Phoenix Children's Hospital in the event of a
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nonperformance of stated objectives or other material breach of this Agreement, or upon
any event which would jeopardize the ability of the MCAO to perform any of its
contractual obligations.
5.10. AMENDMENTS: All amendments to this Agreement must be in writing and
signed by both parties.
5.11. CHANGES: The MCAO may require changes in the scope of the services to be
performed by the Phoenix Children's Hospital hereunder. 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 the Phoenix Children's Hospital or due to
the Phoenix Children's Hospital.
5.12. ASSIGNMENT OR SUBCONTRACTING: The Phoenix Children's Hospital
may not assign this Agreement or Subcontract to another party for performance of the
terms and conditions hereof without the written approval of MCAO.
5.13. 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 the Phoenix
Children's Hospital in writing of the disallowance and the required course of action.
Unless the Phoenix Children's Hospital 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 the Phoenix
Children's Hospital.
5.14. AVAILABILITY OF FUNDS: The provisions of this Agreement relating to
reimbursement or payment for services shall become effective when funds assigned for
the purpose of compensating the Phoenix Children's Hospital are actually 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 the Phoenix
Children's Hospital fully informed as to the availability of funds and will not seek
additional Services under this Agreement if funds are not available.
5.15. AGREEMENT COMPLIANCE MONITORING: The County Office of
Procurement Services and MCAO shall monitor the Phoenix Children's Hospital's
compliance with, and performance under, the terms and conditions of this Agreement.
The Phoenix Children's Hospital 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 pursuant to Section 5.5.
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5.16. COVENANT AGAINST CONTINGENT FEES: The Phoenix Children's
Hospital 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 the Phoenix Children's
Hospital 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.
5.17. RIGHTS IN DATA: IVICAO 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.
5.18. 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.
5.19. 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
compliance for all future performance obligations. Unless specified otherwise, all
changes in performance obligations under this Agreement must be in writing.
5.20. 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 iridemnitee are caused by the act, omission, negligence, misconduct, or
other fault of the indernnitor, its officers, officials, agents, employees, or volunteers.
Indemnification for punitive damages will not be provided by either Party.
5.21. INSURANCE OBLIGATIONS. For the obligations, services, and duties the
Phoenix Children's Hospital is to provide under this Agreement, the Phoenix Children's
Hospital shall secure and maintain in force, general liability insurance and professional
liability (malpractice) insurance with minimum coverage 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 standards. The Phoenix Children's Hospital
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shall furnish evidence of such coverage to the MCAO, and the Phoenix Children's
Hospital shall provide the MCAO 30 days' notice of cancellation of this insurance
coverage.
5.21.1. 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.
5.21.2. Upon request by MCAO, the Phoenix Children's Hospital shall furnish MCAO
with valid and complete certificates of insurance or a self-insurance letter issued by
the Phoenix Children's Hospital's insurer(s) or risk management department, as
evidence that policies providing the required coverage, conditions and limits
required by this Agreement are in full force and effect.
5.21,3. Any failure to comply with the claim repotting 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.
5.21.4. 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. The Phoenix Children's Hospital shall be solely responsible for the
deductible and/or self-insured retention.
5.22. 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 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;
the Americans With Disabilities Act; and Arizona Executive Order 99-4, which
mandates that all persons shall have equal access to employment opportunities.
5.23. E-VERIFICATION OF EMPLOYEES:
5.23.1. By entering into this Agreement, the Phoenix Children's Hospital warrants
compliance with the Immigration and Nationality Act (INA using e-verify) and all
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other federal immigration laws and regulations related to the immigration status of
its employees and A.R.S. §23-214(A). The Phoenix Children's Hospital shall obtain
statements from any subcontractors certifying compliance and shall furnish the
statements to MCAO upon request. These warranties shall remain in effect through
the term of this Agreement. The Phoenix Children's Hospital shall also maintain
Employment Eligibility Verification forms (1-9) 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. 1-9 forms are
available for download at USCIS.GOV
5.23.2. MCA° retains the legal right to inspect the relevant and not privileged portions of
the employment records of the Phoenix Children's Hospital and any Provider
performing work under this Contract to verify compliance with of this Agreement.
The Phoenix Children's Hospital 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 the Phoenix Children's Hospital 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 the Phoenix Children's Hospital. All costs
necessary to verify compliance are the responsibility of the Phoenix Children's
Hospital.
5.23.3. Nothing herein shall make the Phoenix Children's Hospital or any Provider an
agent or employee of Maricopa County or MCAO.
5.24. 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,
addressed to:
For MCAO: Maricopa County Attorney's Office
Operations Division Chief
301 West Jefferson Street, Suite 800
Phoenix, AZ 85003
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For the Phoenix Children's Hospital: Phoenix Children's Hospital
1919 E. Thomas Road
Phoenix, AZ 85016
Attn: Chief Executive Officer
(the remainder of this page is left blank intentionally)
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Entered into as of the date of the last signature below.
PHOENIX CHILDREN'S HOSPITAL, INC. ("Phoenix Children's Hospital")
BY:
Jared Muelier„:M.D.
S.V.P. PhoniX Children's Medical Group
Date
MARICOPA COUNTY, ARIZONA (for itself and MCAO)
BY:
Chairman, Board of Supervisors Date
ATTESTED BY:
BY:
Clerk of the Board Date
Date
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Attachment A: List of Providers and Advocacy Centers
Advocacy Centers:
Mesa Family Advocacy Center
225 E. 151 Street, Suite 102
Mesa, Arizona 85201
Childhelp Center of Arizona
2120 N. Central, Suite 130
Phoenix, AZ 85004
Southwest Family Advocacy Center
2333 North Pebblecreek Pkwy, Suite A-200
Goodyear, AZ 85395
Providers/Team members (as of the date of execution of contract):
Kathryn Coffinan, MD
Melissa Jones, MD
Lisa Kirsch, MD
Jacqueline Hess, PNP
Cynthia Nelson, PNP
Haley Mcgoldrick, PNP
Julie Baumgarth, RN, PNP
Wendy Dutton, Forensic Interviewer
Amy Heil, Forensic Interviewer
Marcia Bluth, MSW
Lori Jones, MA
Diane Munoz
Nadiene Salgado, MA
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Attachment B: Services
Phoenix Children's Hospital will provide the services set forth below
I. Assess, plan, and evaluate pediatric patients/victims care as stated in the professional
literature and consistent with policies and procedures, standards of care, and clinical
competencies of the Team.
2. The Team will be on call after hours and on weekends to conduct urgent evaluations for
acute sexual assault and sexual abuse. While on call, the Team will respond to the various
advocacy centers listed in Attachment A as requested by law enforcement.
3. For pediatric patients/alleged victims, conduct medical examination, obtain medical history,
perform physical exam, and genital examination including, but not limited to photo
documentation and collection of evidence as specified by the approved sexual assault kit.
Following the clinical assessment the medical provider will report findings to law
enforcement in accordance with applicable law, and maintain the chain of custody.
4. Conduct appropriate laboratory tests, which may include but are not limited to pregnancy
tests and STD tests.
5. Team members will conduct sexual maturity rating services to determine gender and maturity
levels based on evidence shall be provided only at the request of law enforcement. This
service will be charged pursuant to Attachment C.5.
6. Provide fact witness testimony in court regarding cases in which the Provider has physically
examined the child. Provider will attend and participate in defense interviews and pre-trial
preparation. MCAO will make every effort to limit the time impact of these pre-trial
activities, schedule interviews and meetings at mutually convenient times and locations, and
to use Providers' time efficiently.
7, For cases of record review, the Provider will provide expert testimony upon request and will
bill accordingly. Provider will attend and participate in defense interviews and pre-trial
preparation. The Provider will bill for pre-trial preparation hours and defense interviews
with all record review cases. MCAO will make every effort to limit the time impact of these
pre-trial activities, schedule interviews and meetings at mutually convenient times and
locations, and to use Providers' time efficiently.
8. Providers will provide consultation regarding cases of child maltreatment in which the
Provider was the treating medical provider. The Phoenix Children's Hospital understands
the Provider(s) may be asked to participate in additional case staffings.
9. Maintain appropriate medical documentation and confidentiality.
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10. Consult with other specialists as required and adjust process as indicated to ensure
appropriate medical care.
11. Forensic Interviews:
11.1. Forensic Interviews are to be conducted by Phoenix Children's Hospital through
its qualified employees or agents who shall be mutually agreed upon by the parties prior
to engaging in any forensic interview,
11.2. 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.
11.3. It is understood by the parties that the information derived from a Forensic
Interview may be used to assist the examining physician with the provision of
appropriate health care services for this individual and for use in any investigation or
prosecution of any matter under the jurisdiction of MCAO.
11.4. In addition to conducting the Forensic Interview, Phoenix Children's Hospital
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.
11.5. 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. Such services
shall be billed according to Attachment C.7.
12. Participate in regularly scheduled activities as requested by MCAO.
13, Records Review and Reporting:
13.1. Subject to the availability and professional discretion of the Team members, at the
request of MCAO, a Provider will review records, to include medical, law enforcement,
and other relevant records of pediatric patients who were not evaluated or treated by the
Team member during the relevant hospitalization. The Team member will provide a
written report for MCAO based on those records. Team members may decline to
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conduct such reviews when doing so would interfere with the Team member's ability to
provide effective care to current patients in the Team member's sole discretion,
13.2, MCAO will provide complete and timely records to be reviewed as described
above to the Team members; such records may include records of the Phoenix
Children's Hospital's facilities or other facilities that have seen the patient that were
separately obtained by MCAO. Unless the Team member is a treating practitioner of the
pediatric patient at the specific time of the review, MCAO will not request the Team
member to access any hospital records directly and MCAO is solely responsible for
obtaining providing applicable records to the reviewing Team member.
13.3. The Team member will provide expert testimony based on the report upon
request. The Team member will bill for pretrial preparation hours and defense
interviews as well as expert testimony, as set out in Attachment C.6.
14. The Phoenix Children's Hospital understands that the Team member(s) may be asked to
participate, upon request and reasonable notice, in larger multi- and inter-disciplinary teams
consisting of healthcare professionals, law enforcement agencies, and attorneys. When
Phoenix Children's Hospital and the Team member(s) agree to participate, this Service shall
be provided at no additional charge, unless otherwise agreed in writing.
The Phoenix Children's Hospital reserves the right to refuse to participate, or allow Team
members to participate, in any record review or expert witness capacity, in which The Phoenix
Children's Hospital or any of its employees or medical staff members are — or may become —
defendants in any legal action filed or threatened by anyone involved in the events giving rise to
the involvement or investigation of law enforcement or MCAO. However, once the Team
member has agreed to conduct a review, neither Phoenix Children's Hospital nor the Team
member may withdraw from the case.
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ATTACHMENT C: COMPENSATION AND REIMBURSEMENT
1. MCAO will reimburse Phoenix Children's Hospital at a rate per case of $650.00 for services
under this Agreement, other than sexual maturity rating services described in Attachment 13,
Section 5, and Forensic Interview Services described in Attachment B, Section 11.
2. MCAO will reimburse Phoenix Children's Hospital at a rate of $350.00 per interview for
Forensic Interviews Services provided by Phoenix Children's Hospital as described in
Attachment B, Section 11.
In addition to the rate of reimbursement enumerated in Attachment C, Sections 1 and 2 above,
MCAO will reimburse Phoenix Children's Hospital for:
3. The actual cost of laboratory tests, but MCAO will not be required to reimburse any costs
over $425.00 per case. The parties understand that the nature and number of laboratory tests
to be provided is dependent upon many variables, including the person's presentation and
history or the request of the law enforcement agency; therefore, the parties agree that in those
cases that are mutually agreed upon by the parties in advance, additional laboratory tests may
be conducted.
4. Medical records review and consultation with prosecutors during case preparation for cases
that were not originally brought to Phoenix Children's Hospital for services described in
Attachment B, above. These services will be charged at a not-to-exceed rate of $300.00 per
hour. Medical records reviews shall include providing MCAO with a written opinion upon
completion.
4.1. At the request of MCAO for records reviewed as set forth in Attachment B, Section 13
above, the Phoenix Children's Hospital shall provide, through the Team members,
expert witness testimony in court and depositions, attend and participate in joint
interviews with both prosecution and defense counsel present, participate with and assist
prosecutors with pre-trial preparation, consult with representatives of law enforcement,
and participate in case staffing s upon reasonable notice and accommodation of the Team
member's hospital schedules
5. Sexual Maturity Rating services to determine gender and maturity levels based on evidence
shall be provided only upon the request of law enforcement at a not-to-exceed amount of
$250.00 per case. It is expected the review material will have been prescreened, minimized
and prepared by detectives prior to asking for a review.
6. Expert witness in-court testimony by a provider shall be provided upon MCAO request at a
rate of $300 per hour. This fee is only for those cases not originally brought to Phoenix
Children's Hospital for Services described in Attachment B, above.
7. Expert witness in-court testimony by Forensic Interviewer shall be provided upon request by
MCAO at a rate of $250.00 per hour. This fee is only for those cases not originally brought to
Phoenix Children's Hospital for services under Attachment B, above.
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8. Phoenix Children's Hospital 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 Phoenix Children's Hospital's failure to pay such
taxes or obligations.
Method of Payment; Invoice and Timeliness Requirements
The Phoenix children's Hospital will submit a statement or invoice for services performed the
previous month by the 15 th of each month. The invbice shall include, at a minimum, the
following information regarding each case for which payment is claimed for the Records Review
and Reporting or Expert Witness Related Services:
O the name of the Provider(s);
• the type of Service provided (Records Review and Reporting, or Expert Witness Related
Services);
• the date(s) on which each Service was provided;
• the number of hours devoted by each Provider to furnishing the Service on each date; and
• the name of the MCAO deputy county attorney or other representative who requested the
Service described on the invoice.
MCAO will, within (30) thirty business days from the date of receipt of the Phoenix Children's
Hospital statement or invoice, process and remit to the Phoenix Children's Hospital a warrant for
payment. Should Maricopa County make a disallowance in the claim, in whole or in part, the
Phoenix Children's Hospital may dispute the disallowance.
The Phoenix Children's Hospital understands and agrees that Maricopa County will not honor
any claim for payment submitted more than six months after the date of service. The Phoenix
Children's Hospital 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 approval of MCAO.
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