J LUCERO 091913 REV 3.DOC

Maricopa County — Formal (2013-11-06)

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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.
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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 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.
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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.
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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.
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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.
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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 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
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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.
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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.
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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.
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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: 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
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