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AN AGREEMENT BY AND BETWEEN JOY LUCERO, 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 physical/sexual abuse and, individuals who are mentally challenged or disabled, emotionally challenged or disabled, or present with a behavioral health malady; and, WHEREAS, JOY LUCERO (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, Contractor may utilize a certified service/facility dog, upon request, in the conduct of forensic interviews, and, 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 physical and sexual abuse involving minors; including the use of a certified service/facility dog. 9/19/13 Page 1 of 12 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 Business Hours are defined as Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding holidays and days off. . 1.2.2 Contractor will work a minimum two (2) days per week during business hours doing interviews. In addition, Contractor, in cooperation with other forensic interviewers who contract with the Maricopa County Attorney's Office, will participate in an on-call rotation for forensic interviews. Whenever possible, MCAO should be notified of planned days off in advance 1.2.3 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 Child Protective Service, or prosecution of any matter under its jurisdiction. 1.3.2 The use of the service/facility dog to calm victims during forensic interviews will take place upon the request of the investigating officer, or prosecuting attorney, or victim advocate, and the consent of the victim and/or his/her parents or guardians. 9/19/13 Page 2 of 12 1.3.3 In addition, Contractor will make herself available to: provide expert witness 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. 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, information on the involvement of the service/facility dog 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 if 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. MCAO will reimburse Contractor at a rate of $175.00 per hour in cases in which the Contractor did not conduct a forensic interview but is being utilized as an expert witness. There is no additional compensation for the use of the service/facility dog in providing services listed in Section 1.3. 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. 9/19/13 Page 3 of 12 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. 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. No reimbursement is authorized for the transportation of the service/facility dog. 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. MCAO will not pay for any costs related to the care, upkeep, housing, licensing, or certification, of the service/facility dog. 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. 9/19/13 Page 4 of 12 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 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 Contract 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 Contract 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 upon the date signed by the Chairman of the Board of Supervisors, and terminates September 30, 2014 at 12:00 midnight, Phoenix local time. 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. 9/19/13 Page 5 of 12 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. 9/19/13 Page 6 of 12 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. 9/19/13 Page 7 of 12 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 Contract, 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 Contract. The Contractor and its subcontractors 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 9/19/13 Page 8 of 12 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. 4.17.2 The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 3.27.1 of this Section. Contractor and subcontractor 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 contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract 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 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §§35-391.06 AND 35-393.06 BUSINESS RELATIONS WITH SUDAN AND IRAN 4.18.1 By entering into the Contract, the Contractor certifies it does not have scrutinized business operations in Sudan or Iran. 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 Contract. 4.18.2 The County may request verification of compliance for any contractor or subcontractor performing work under the Contract. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. 9/19/13 Page 9 of 12 4.19 PRIVATE PRACTICE: 4.19.1 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. 4.19.2 Contractor agrees that in the event she or any of her employees or service/facility dog 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. 5.0 INDEMNITY AND INSURANCE 5.1 INDEMNIFICATION 5.1.1 To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless County, its agents, representatives, officers, directors, officials, and employees from and against all claims, damages, losses and expenses, including, but not limited to, attorney fees, court costs, expert witness fees, and the cost of appellate proceedings, relating to, arising out of, or alleged to have resulted from the negligent acts, errors, omissions, mistakes or malfeasance relating to the performance of this Contract. Contractor’s duty to defend, indemnify and hold harmless County, its agents, representatives, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss or expense that is caused by any negligent acts, errors, omissions or mistakes in the performance of this Contract by the Contractor, as well as any person or entity for whose acts, errors, omissions, mistakes or malfeasance Contractor may be legally liable. 5.1.2 Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++ In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 9/19/13 Page 10 of 12 5.1.3 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 the Contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract. 5.1.4 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 5.1.5 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. 5.2 INSURANCE OBLIGATIONS 5.2.1 General and Professional Liability 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. Separate liability insurance shall be maintained for the service/facility dog with a minimum coverage of $1,000,000. 5.2.2 Automobile Liability: Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work or services under this Contract 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. 9/19/13 Page 11 of 12 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: Grants, Contracts, and Procurement Administrator 301 W. Jefferson, Suite 800 Phoenix, AZ 85003 For Contractor: Joy Lucero 3120 W. Carefree Highway #1 PMB312 Phoenix, AZ 85086 8.0 EXECUTION The Agreement is hereby entered into this ______________day of ____________, 2013. CONTRACTOR MARICOPA COUNTY ATTORNEY __________ __________________ Joy Lucero William G. Montgomery MARICOPA COUNTY, ARIZONA Date APPROVED AS TO FORM: Chairman, Board of Supervisors ATTEST: Deputy County Attorney Clerk of the Board Date 9/19/13 Page 12 of 12