KAPLA FORENSIC INTERVIEWER AGREEMENT 090115.PDF

AN AGREEMENT
BY AND BETWEEN
DRUE KAPLAN, AN INDIVIDUAL, AND
MARICOPA COUNTY, FOR AND ON BEHALF OF THE MARICOPA
COUNTY ATTORNEY'S OFFICE
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, sexual assaults and sexual abuse matters involving minors; and,
WHEREAS, MCAO in furtherance of its obligation to prosecute sexual assault and
sexual and physical abuse cases involving minors, is desirous of obtaining the services
of a forensic interviewer who will assist in the collection of evidence, including forensic
interviews of those referred by MCAO or law enforcement including, but not limited to,
minors who have witnessed homicide, violence (including child physical abuse) or who
have made allegations of sexual assault or sexual abuse and, individuals who are
mentally challenged or disabled, emotionally challenged or disabled, or present with a
behavioral health malady; and,
WHEREAS, DRUE KAPLAN (Contractor) possesses the 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; and,
WHEREAS, Maricopa County (County), on behalf of MCAO, desires to enter into an
agreement with the Contractor to conduct such interviews and assist with the type of
investigations listed above.
NOW, THEREFORE, the parties (collectively referring to the County, MCAO and the
Contractor) hereto agree to enter into this Agreement (the Agreement):
1.0 SCOPE OF WORK
The purpose and intent of the Agreement is set forth above and includes, but is
not limited to, Contractor providing services, knowledge and expertise in,
interviewing, and assisting in the gathering and collection of evidence in
furtherance of the investigation and prosecution of sexual assaults and sexual
abuse involving minors.
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1.1 ROLES & RESPONSIBILITIES
Contractor will provide the services set forth in the Agreement in Maricopa
County, in other parts of Arizona, and in the United States, as is directed
by or as is needed for the prosecution of cases which fall under jurisdiction
of MCAO.
1.2 AVAILABILITY
1.2.1 As required, Contractor will be available to respond to call-out
according to schedules that are developed after consultation with
all dedicated forensic interviewers who provide services for MCAO
and are mutually agreed upon between MCAO and Contractor.
This Agreement will be limited to interviews conducted by
Contractor outside of the normal business hours of Childhelp USA,
Phoenix. Whenever possible, MCAO should be notified of planned
days off in advance.
1.2.2 Subject to the following, Contractor will respond to the interviewee's
location within one hour so long as the interviewee's location is
within Maricopa County.
1.3 SERVICES:
1.3.1 Contractor will assist in the collection of evidence, conduct forensic
interviews of those referred by MCAO and law enforcement, which
shall include, but is not limited to, minors who have witnessed
violence (including child physical abuse) or who have made
allegations of sexual assault or sexual abuse and, individuals who
are mentally challenged or disabled, emotionally challenged or
disabled, or present with a behavioral health malady. It is
understood by the parties that the information derived from a
forensic interview may be used to assist the examining physician or
health care provider with the provision of appropriate health care
services for this individual and for use in any investigation, including
any investigation by the Department of Child Safety, or prosecution
of any matter under its jurisdiction.
1.3.2 In addition, for interviews conducted pursuant to this Agreement,
Contractor will make herself available to: provide testimony in court;
attend and participate in defense interviews and pre-trial
preparation; consult with health care providers and representatives
of law enforcement and prosecution; be available for case staffing
as necessary; and do any other act that is in furtherance of the
purpose(s) of the Agreement.
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2.0 REPORTS:
2.1 Contractor must write a report after each interview. The report should
include the relevant biographical information, the law enforcement agency,
a list of documents, if any, she reviewed, information she knew before the
interview and a brief summary of the interview, including a list of specific
incidents and acts of abuse.
2.2 Contractor must video and audio tape all interviews when possible and
practical.
2.3 The report must be provided to law enforcement no later than 30 days
after the interview or as specifically directed by law enforcement in a
particular case.
2.4 Contractor must maintain a database that tracks the following information:
Name of interviewee, agency requesting the interview, location of the
interview, reason for the use of a forensic interviewer and the date and
time of the interview. Contractor must promptly provide this information to
the Maricopa County Attorney's Office upon request.
3.0 COMPENSATION AND REIMBURSEMENT:
3.1 MCAO will reimburse Contractor at a rate of $300.00 per interviewee per
case for interviews conducted in Maricopa County. This cost includes a
one-hour pretrial interview with defense counsel, consultation with the
assigned prosecutor, and court testimony, including any retrials. Any
pretrial interview with defense counsel in excess of one hour will be billed
to defense at a rate of $175.00.
3.2 The rate for any interviews to be conducted outside of Maricopa County
will be agreed upon by MCAO and Contractor prior to such interview. This
rate may vary, depending upon the location of the interview.
3.3 In those situations where Contractor interviews a witness more than once
on the same case, Contractor will not be entitled to any additional
compensation therefore (except as may be agreed by MCAO and
Contractor before any re-interviews which must be conducted outside of
Maricopa County). However, if Contractor interviews the same witness on
more than one case, Contractor will be entitled to the per interviewee case
fee for each separate case.
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3.4 Contractor will be entitled to reimbursement for her reasonable and
necessary expenses incurred on cases in which her travel requires her to
leave Maricopa County. Such reimbursable expenses will include
transportation, airfare, and car rental mileage when she uses her own
vehicle, and such reimbursement shall be at the then current County
reimbursement level.
3.5 Contractor 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. Neither Maricopa
County nor MCAO will provide Contractor with Worker's Compensation
benefits.
3.6 METHOD OF PAYMENT:
3.6.1 Contractor will submit to MCAO, a statement or invoice for her
services and reimbursable expenses within thirty (30) working days
of providing the services, or incurring the reimbursable expenses,
or after approved by the Board of Supervisors.
3.6.2 Subject to the availability of funds, County will, within thirty (30)
working days from the date of receipt of the documents enumerated
herein, process and remit to Contractor, a warrant for payment.
Should MCAO or County make a disallowance in the claim, in
whole or in part, the Contractor may dispute the disallowance.
3.6.3 Contractor understands and agrees that County will not honor any
claim for payment submitted six (6) months after date of service.
Contractor further understands and agrees that County will not
process any claim for payment for services rendered prior to the
Expiration Date and submitted sixty (60) days after the Expiration
Date without the written approval of MCAO.
4.0 ADDITIONAL TERMS AND CONDITIONS:
4.1 GENERAL REQUIREMENTS
The terms of the Agreement shall be construed in accordance with
Arizona Law; any action thereon shall be brought in the appropriate court
in the State of Arizona.
4.2 RELATIONSHIP OF PARTIES:
Contractor by the terms of the Agreement, is an Independent Contractor,
and is not to be considered and officer, agent or employee of the County
or MCAO, and the relationship established herein is not one of joint
venture, partnership or any other business relationship, other than as set
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forth by the terms herein. Contractor is responsible for any and all federal,
state, and local taxes or assessments on her compensation and will hold
the County harmless therein.
4.3 RETENTION OF RECORDS:
Contractor agrees to retain all books, records, accounts, statements,
reports, files, and other records and back-up documentation relevant to
this Agreement for six (6) years after final payment or until after the
resolution of any audit questions which could be more than six (6) years,
whichever is latest. The County, Federal or State auditors and any other
persons duly authorized by the Department shall have full access to, and
the right to examine, copy, and make use of, any and all said materials. If
the Contractor's books, records , accounts, statements, reports, files, and
other records and back-up documentation relevant to this Agreement are
not sufficient to support and document that requested services were
provided, the Contractor shall reimburse Maricopa County for the services
not so adequately supported and documented.
4.4 TERM OF AGREEMENT:
The Agreement is effective September 1, 2015, and terminates on
September 30, 2016 at 12:00 midnight, Phoenix local time. After the initial
year, if extended in accordance to 4.4.1, the annual effective date will be
October 1,2015.
4.4.1 OPTION TO EXTEND:
MCAO may, at its option and with the approval of Contractor,
extend the period of this Agreement up to a maximum of three (3)
additional, one (1) year options. Contractor shall be notified in
writing by MCAO of its intention to extend this Agreement and the
term, at least thirty (30) calendar days prior to the expiration of the
original term.
4.5 TERMINATION:
Either party may terminate this Agreement at any time, upon thirty
(30) days notice in writing to the other party. Such notice shall be given by
personal delivery or by Registered or Certified mail.
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4.6 DEFAULT:
MCAO may suspend, terminate, or modify the Agreement immediately
upon written notice to the Contractor 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
MCAO to perform any of its contractual obligations. This includes, but is
not limited to, cancellation for conflict of interest in accordance with A.R.S.
38-511. County and MCAO reserves the right to have the service provided
under the Agreement by other individuals or entities if Contractor is unable
or fails to provide requested service and to provide them within the
specified time frame.
4.7 AMENDMENTS AND CHANGES:
4.7.1 All amendments to the Agreement must be in writing and signed by
Contractor and County. Maricopa County Office of Procurement
Services shall be responsible for approving all amendments for
Maricopa County.
4.7.2 MCAO may require changes in the scope of the services to be
performed by Contractor hereunder. Unless stated otherwise, all
such changes, which are mutually agreed upon by Contractor and
MCAO, shall be incorporated in written amendments to the
Agreement. All such amendments shall state any increase or
decrease in the amount of services or reimbursement to be
provided by Contractor or due to Contractor.
4.8 ASSIGNMENT OR SUBCONTRACTING:
Contractor may not assign the Agreement or subcontract to another party
for performance of the terms and conditions hereof without the written
approval of MCAO.
4.9 AUDIT DISALLOWANCES:
If at any time it is determined by County or MCAO that a reimbursement
for which payment has been made is disallowed, MCAO shall notify
Contractor in writing of the disallowance and the required course of action;
such option(s) shall be at the unilateral discretion of MCAO either to adjust
any future claim or reimbursement or require repayment of the disallowed
amount by Contractor forthwith.
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4.10 AVAILABILITY OF FUNDS:
The provisions of the Agreement relating to reimbursement or payment for
services shall become effective when funds assigned for the purpose of
compensating Contractor are actually available to MCAO for
disbursement. MCAO shall be the sole judge and authority in determining
the availability of funds under the Agreement and MCAO shall keep
Contractor fully informed as to the availability of funds.
4.11 CONTRACT COMPLIANCE MONITORING:
Maricopa County and MCAO shall monitor Contractor's compliance with,
and performance under, the terms and conditions of the Agreement.
Contractor shall make available for inspection and/or copying by MCAO all
records and accounts relating to the work performed or the services
provided in the Agreement.
4.12 COVENANT AGAINST CONTINGENT FEES:
Contractor warrants that no person or selling agency has been employed
or retained to solicit or secure the 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 Contractor for the purpose of securing
business. For breach of violation of this warranty, County and MCAO shall
have the right to terminate the Agreement in accordance with the
termination clause, and at its sole discretion, to deduct from the
Agreement price or consideration, or otherwise recover, the full amount of
such commission, percentage, brokerage, or contingent fee.
4.13 RIGHTS IN DATA:
MCAO shall have the use of data and reports resulting from the
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 the
Agreement and to the performance hereunder.
4.14 SEVERABILITY:
Any provision of the 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.
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4.15 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 the Agreement
must be in writing.
4.16 COMPLIANCE WITH APPLICABLE LAWS:
4.16.1 Each party shall comply with all applicable laws, ordinances,
Executive Orders, rules, regulations, standards, and codes of the
Federal and State whether or not specifically referenced herein.
Specifically the following apply:
4.16.2 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.
4.17 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED
STATUTES §41-4401 AND FEDERAL IMMIGRATION LAWS AND
REGULATIONS:
4.17.1 By entering into the Agreement, the Contractor 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). The contractor shall obtain statements from its
subcontractors certifying compliance and shall furnish the
statements to the Procurement Officer upon request. These
warranties shall remain in effect through the term of the Agreement.
The Contractor and its subcontractors shall also maintain
Employment Eligibility Verification forms (1-9) as required by the
Immigration Reform and Control Act of 1986, as amended from
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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 .
4.17.2 The County retains the legal right to inspect contractor and
subcontractor employee documents performing work under this
Agreement to verify compliance with paragraph 4.3. Contractor
and any subcontractors shall be given reasonable notice of the
County's intent to inspect and shall make the documents available
at the time and date specified. Should the County suspect or find
that the Contractor or any of its subcontractors are not in
compliance, the County will consider this a material breach of the
Agreement and may pursue any and all remedies allowed by law,
including, but not limited to: suspension of work, termination of the
Agreement for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the
responsibility of the Contractor.
4.17.3 Nothing herein shall make any contractor or subcontractor an agent
or employee of the contracting government entity.
4.18 PRIVATE PRACTICE:
4.18.1 Contractor may engage in service separate and apart from the
Agreement provided that such practice does not interfere with the
performance by Contractor of its obligations as set forth herein.
4.18.2 Contractor agrees that in the event she or any of her employees
are named as a defendant in litigation wherein professional
misconduct is alleged, that Contractor will advise MCAO in writing
as to whether or not at the times alleged in the complaint, she or
her employees were engaged in the performance of the
Agreement. In the event the alleged conduct did not occur in
connection with the performance of the Agreement, the Contractor
will indemnify and hold harmless County and MCAO for any and all
liability resulting from the alleged conduct.
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5.0 INDEMNITY AND INSURANCE
5.1 INDEMNIFICATION
5.1.1 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 Indemitee 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 lndemnitee, 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.
5.1.2 Contractor agrees that in the event a claim is made against
Contractor, or that Contractor is named as a defendant in litigation
wherein misconduct by Contractor is alleged in furtherance of the
terms of the Agreement that Contractor will immediately advise
MCAO in writing.
5.3 INSURANCE OBLIGATIONS
Contractor will secure and maintain in force, general liability insurance and
professional liability (malpractice) insurance with minimum coverage of
$1,000,000 per occurrence and $2,000,000 aggregate coverage.
Contractor shall furnish a certificate of such coverage to MCAO, and
Contractor shall provide MCAO 30 day's prior written notice of
cancellation, non-renewal, or substantial change of her insurance
coverage.
6.0 DISPUTES
Should disputes arise under the Agreement, the parties agree that any such
disputes will be subject to mandatory arbitration (irrespective of the amount
involved) under the arbitration procedure and rules of the Arizona Rules of Civil
Procedure, and such arbitration will be conducted in Maricopa County.
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7.0 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: Operations Division Chief
Maricopa County Attorney's Office
301 W. Jefferson, Suite 800
Phoenix, AZ 85003
For Contractor: Drue Kaplan
3633 N 3rd Ave Unit 1043
Phoenix, 85013
8.0 EXECUTION
The Agreement is hereby entered into this First day of September
2015.
Contractor MARICOPA COUNTY ATTORNEY
(---- V__
brue Kaplan
10--a --/ tr
Date
MARICOPA COUNTY, ARIZONA
APPROVED AS TO FORM:
Chairman, Board of Supervisors
ATTEST: Deputy County Attorney
Clerk of the Board
Date
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