MARICOPA COUNTY ATTORNEYS OFFICE_FORENSIC AGMT - PCH SIGNED .PDF
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MARICOPA COUNTY ATTORNEY’S OFFICE
CONTRACT FOR SERVICES FOR MINOR VICTIMS
WHEREAS, Maricopa County, through the Maricopa County Attorney’s Office (“MCAO”), is
responsible for 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
providers who will assist in the medical evaluation, including forensic interviews, of minors who are or
are alleged to be victims of sexual assault, sexual abuse, child physical abuse, and who are willing to
provide unbiased testimony in cases of suspected child maltreatment; and,
WHEREAS, Phoenix Children’s Hospital (“PCH”) maintains and is willing to provide
professional healthcare providers, staff and personnel with knowledge and expertise in the medical
evaluation and examination in cases of child sexual abuse and sexual abuse, forensic interviews 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.
WHEREAS, MCAO, desires to enter into an agreement with Phoenix Children’s Hospital, Inc.to
conduct such interviews and assist with services set forth herein.
NOW, THEREFORE, the parties (collectively referred to as MCAO and PCH) hereto agree
to enter into this Agreement (the Agreement) effective July 1, 2022.
1. SCOPE OF WORK:
1.1. HEALTHCARE PROVIDERS AND SERVICES:
For purposes of this Agreement, PCH will provide healthcare providers, including one or
more of the following: physicians, pediatric nurse practitioners, Sexual Assault Nurse
Examiners (SANE’s), forensic interviewers and support staff (collectively referred to as
the “Team”, the individual members of the team are sometimes referred to as Providers
who will provide the services as set forth in Attachment A (the “Services”) at PCH and/or
Advocacy Centers in Maricopa County. PCH’s provision of the services at any Advocacy
Center in Maricopa County other than Childhelp, Inc. is contingent on staff availability.
1.2. LICENSE REQUIREMENTS:
All qualified healthcare providers providing services on behalf of PCH 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, the
Arizona Board of Osteopathic Medical Examiners, and the Arizona State Board of
Nursing.
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1.3. TRAINING AND EDUCATION:
1.3.1. PCH shall provide resumes and/or CV’s and documentation as follows for each
member of the Team providing any Services pursuant to this Agreement.
1.3.2. Proof of current certification or licensure and proof of board eligibility or board
certification.
1.3.3. Proof of current CPR status.
1.3.4. Proof that the Provider has maintained the number of hours on continuing medical
education per year in the specialty of child physical abuse, as required for licensure
or certification.
1.3.5. Proof that the Provider has maintained membership or active participation in a
professional organization (e.g., A.A.P.).
1.3.6. The Phoenix Children’s Hospital, at its own expense, shall maintain evidence of all
applicable education, certification, and license requirements.
2. OTHER REQUIREMENTS:
PCH will, at its sole expense, do the following:
2.1. Obtain and maintain CLIA licensure 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 PCH is not able to perform the necessary lab work, PCH will provide MCAO with the
name and address of an available laboratory that may be able to provide the services under
the 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, as well as email addresses) in Attachment A at intervals that are
conducive to capture changes and ensure both parties are in receipt of a comprehensive
list that allows for operations to run smoothly.
2.5. Use reasonable efforts to obtain all necessary authorizations form(s) on behalf of the
patient/victim to permit PCH to share the patient/victim’s protected health information
with MCAO pursuant to this Agreement.
3. REPORTS:
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PCH will provide:
3.1. A mutually agreed upon evaluation form which will be given to the patient/victim, and
where appropriate, families of patient/victims, to be completed. The purpose of this
evaluation form is to evaluate the Team’s customer service skills, timely response, and
customer satisfaction. Completed forms will be provided by PCH to MCAO on a bi-
annual basis.
3.2. A mutually agreed upon quality assurance evaluation form which is given to the law
enforcement agency to evaluate PCH response time, communication skills, services
completed, ability to effectively interact with the multidisciplinary team concept and any
other skills or services.
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 PCH as set forth in
Attachment B.
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. PCH 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 None of the provisions of this Agreement are intended to
create any relationship between the parties other than that of independent entities
contracting with each other solely for the purpose of effecting the provisions of this
Agreement. Neither of the parties, nor any of their respective officers, directors,
employees, or agents, shall have the authority to bind the other or shall be deemed or
construed by the agent, employee, or representative of the other except as may be
specifically provided herein.
5.5 RETENTION OF RECORDS:
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5.5.1 PCH 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.
5.5.2 PCH will retain all medical records, as well as digital copies of the forensic
interviews, for at least twenty (20) years.
5.5.3 All records and/or reports prepared by PCH documenting services performed under
this Agreement shall only be provided to MCAO or the investigating law
enforcement agency (including, without limitation, the Arizona Department of
Child Safety) unless release is approved in advance by MCAO, or release is
otherwise required by law.
5.6. TERM OF AGREEMENT:
This Agreement is effective as of the date of the last signature to this Agreement and shall
continue until June 30, 2023 (the “Term”) unless terminated by either party in accordance
herewith. When fully executed and approved by MCAO, this Agreement will supersede
the existing agreement and will be effective from the date of such approval until June 30,
2023.
5.7. OPTION TO EXTEND:
MCAO may, at its option and with the agreement of PCH, extend the period of this
Agreement, up to a maximum of three (3) additional one (1) year periods. MCAO must
notify PCH of its 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 extension of this Agreement, 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 MCAO 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.
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5.9. DEFAULT:
The MCAO may suspend, terminate, or modify this Agreement immediately upon written
notice to PCH in the event of a 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 obligations.
5.10. AMENDMENTS:
All amendments to this Agreement must be in writing and signed by both parties.
5.11. CHANGES:
Either party may request changes in the scope of the services to be performed by PCH
hereunder on an annual basis. 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 PCH or due to PCH.
5.12. ASSIGNMENT OR SUBCONTRACTING:
PCH 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 MCAO that a reimbursement for
which payment has been made is disallowed due to failure to submit required
documentation, MCAO shall notify PCH in writing of the disallowance and the required
course of action. Unless PCH 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 PCH.
5.14. AVAILABILITY OF FUNDS:
The provisions of this Agreement relating to reimbursement or payment for services shall
become effective when funds assigned for compensating PCH are 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 PCH 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:
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The MCAO shall monitor PCH’S compliance with, and performance under, the terms and
conditions of this Agreement. PCH shall make available for inspection and/or copying by
MCAO all records and accounts relating to the work performed or the services provided
in this Agreement.
5.16. COVENANT AGAINST CONTINGENT FEES:
PCH 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 PCH 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:
MCAO shall have the use of data and reports resulting from this Agreement without
additional cost or other restriction except as may be established by law or applicable
regulation. Each party shall supply to the other party, upon request, any available
information that is relevant to this Agreement and to the performance hereunder.
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. All changes in performance obligations under this Agreement must be agreed
to by both parties 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 indemnitee are caused
by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers,
officials, agents, employees, or volunteers. Indemnification for punitive damages will not
be provided by either Party.
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5.21. INSURANCE OBLIGATIONS.
For the obligations, services, and duties PCH is to provide under this Agreement, PCH
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. PCH shall furnish evidence of such coverage to
MCAO, and PCH shall provide 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, PCH shall furnish MCAO with valid and complete
certificates of insurance or a self-insurance letter issued by PCH’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 reporting provisions of the insurance polies
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. PCH shall be solely responsible for the deductible and/or self-insured
retention.
5.22. NON-DISCRIMINATION:
5.22.1. PCH agrees to comply with all applicable provisions and requirements of Arizona
Executive Order 2009-09 including flow down of all provisions and requirements
to any subcontractor. Executive Order 2009-09 supersedes Executive order 99-4
and amends Executive order 75-5 and may be viewed and downloaded at the
Governor of the State of Arizona’s website http://azmemory.azlibrary.gov which is
hereby incorporated into this contract as if set forth in full herein. During the
performance of this contract, PCH shall not discriminate against any employee,
client, or any other individual in any way because of that person’s age, race, creed,
color, religion, sex, disability, or national origin. 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.
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The parties shall take affirmative action to ensure 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, PCH 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). PCH shall obtain statements from any subcontractor certifying compliance
and shall furnish the statements to MCAO upon request. These warranties shall
remain in effect through the term of this Agreement. PCH 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 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
5.23.2. MCAO retains the legal right to inspect the relevant and not privileged portions of
the employment records of PCH and any Provider performing work under this
Contract to verify compliance with of this Agreement. PCH 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 PCH 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 PCH. All costs necessary to verify compliance are
the responsibility of PCH.
5.23.3. 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, address.
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For MCAO:
Maricopa County Attorney’s Office
225 W. Madison Avenue
Phoenix, AZ 85003
Attn: MCAO Finance Officer
For PCH:
Phoenix Children’s Hospital
1919 E. Thomas Road
Phoenix, AZ 85016
Attn: General Counsel
6.0 PCH PROCEDURES AND CONTROLS:
No information contained in PCH records and/or obtained from MCAO or from others in
carrying out its functions (services) under this Agreement shall be used by or disclosed by
PCH, its agents, officers, or employees, except as required to efficiently perform duties
under this Agreement or as otherwise required by law or legal process. PCH shall treat
any such information with at least the same procedures and controls it uses to protect its
own proprietary or confidential information.
7. ISRAEL BOYCOTT CERTIFICATION:
If PCH engages in for-profit activity and has 10 or more employees, and if this LOA has a
value of $100,000 or more, PCH certifies it is not currently engaged in, and agrees for the
duration of this Agreement to not engage in, a boycott of goods or services from Israel.
This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation
issued pursuant to 50 U.S.C. § 4842.
8. DISPUTES:
The parties retain the right to pursue any judicial remedies available under Arizona law.
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Entered into as of the date of the last signature below.
PHOENIX CHILDREN’S HOSPITAL
BY:
Date
MARICOPA COUNTY ATTORNEY
Maricopa County Attorney
Date
MARICOPA COUNTY, ARIZONA
APPROVED AS TO FORM:
Chairman, Board of Supervisors
Deputy County Attorney
____________
Date
Date
ATTEST:
Clerk of the Board
Date
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Jared Muenzer, MD
9/6/2022 | 10:54 AM MST
Physician-in-Chief, COO PCMG
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Attachment A: Services
PCH will provide the services set forth below:
1. 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. For examinations requested after normal business hours or on designated holidays, PCH shall
be available to examine the child no later than twelve (12) hours from the time of notification
of the need for an urgent exam, unless sooner examination is otherwise necessary or designated
by the Team or by an MCAO Special Victims Division Senior Attorney.
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 postmortem skeletal surveys on any suspicious death of a child under the age of two
without the need for Medical Examiner approval.
5. Conduct appropriate laboratory tests, which may include but are not limited to pregnancy tests
and STD tests.
6. 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.
7. 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 pretrial
preparation. will answer questions about their findings and conclusions. 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 the provider’s time efficiently.
8. For cases of record review, the Provider will provide expert testimony upon request and will
bill accordingly. The 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 the provider’s time efficiently.
9. Providers will provide consultation regarding cases of child maltreatment in which the provider
was the treating medical provider. PCH understands the provider(s) may be asked to
participate in additional case staffing.
10. Maintain appropriate medical documentation and confidentiality.
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11. Consult with other specialists as required and adjust process as indicated to ensure appropriate
medical care
12. Forensic Interviews:
12.1. Forensic Interviews are to be conducted by PCH through its qualified employees or agents
who shall be mutually agreed upon by the parties prior to engaging in any forensic
interview. Interviews shall be digitally audio and video recorded. The contractor will
preserve the video recording and provide a copy of the interview to the referring law
enforcement agency. The preserved recordings must be retained until destruction is
authorized by MCAO.
12.2. 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.
12.3. 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.
12.4. In addition to conducting the Forensic Interview, PCH will prepare and produce a report
for MCAO, which documents the Forensic Interview and provides fact witness testimony
in court regarding the Forensic Interview. The Forensic Interviewer will 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.
12.5. 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.
12.6. Participate in regularly scheduled activities as requested by MCAO.
12.7. PCH understands that the forensic interviewers may be asked to participate in, upon
request and reasonable notice, in multi-disciplinary and interdisciplinary team meetings
(MDT’s) consisting of healthcare professionals, law enforcement agencies and
attorneys. When the forensic interviewers agree to participate, the service shall be
provided at no additional charge
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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 conduct such
reviews when doing so would interfere with the Team members’ 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 PCH facilities or other facilities
that have seen the patients 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 and 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 B.
14. PCH 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 PCH and the Team member(s)
agree to participate, this Service shall be provided at no additional charge, unless otherwise
agreed in writing.
PCH reserves the right to refuse to participate, or allow Team members to participate, in any
record review or expert witness capacity, in which PCH 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 PCH nor the Team member may withdraw from the case.
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Attachment B: Compensation and Reimbursement
1. MCAO will reimburse PCH at a rate of $865 for services under Attachment A, Section 3 above.
This includes a one-hour pretrial interview with defense counsel, consultation with the assigned
prosecutor and court testimony, including any retrials.
2. MCAO will reimburse Phoenix Children’s Hospital, Inc.at a rate of $350 per interview for
Forensic Interview services provided by Phoenix Children’s Hospital, Inc. as described in
Attachment A, Section 12 above. This includes a one-hour pretrial interview with defense
counsel, consultation with the assigned prosecutor and court testimony, including any retrials.
3. In addition to the rate of reimbursement enumerated in Attachment B, Sections 1 and 2 above,
MCAO will reimburse PCH for:
3.1. The actual cost of laboratory tests, but MCAO will not be required to reimburse any costs
over $350.00 per case; provided, however, that a minimum/flat fee of $300 per case shall
apply to lab costs in each sexual abuse 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.
3.2. MCAO will reimburse PCH $819 for each postmortem skeletal examination in cases of
suspicious deaths of children under the age of two years old without having to consult the
Medical Examiner’s Office to gain approval to do the postmortem skeletal survey.
3.3. Medical records review and consultation with prosecutors during case preparation for cases
that were not originally brought to PCH for services described in Attachment A, Section
13 above. These services will be charged at a not-to-exceed rate of $500.00 per hour.
Medical records reviews shall include providing MCAO with a written opinion upon
completion and testifying in court as necessary.
3.3.1. At the request of MCAO for records reviewed as set forth in Attachment A, Section
13 above, PCH 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 upon reasonable notice and accommodation of the Team
member’s hospital schedules.
3.4. 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
$300.00 per case.
3.5. Review of non-medical records to determine the existence of risks to the health and well-
being of a child at the request of law enforcement AND with prior approval from MCAO
shall not exceed $300.00 per case.
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3.6. Expert witness in court testimony by a medical provider shall be provided upon request by
MCAO at a rate of $300 per hour. This fee is only for those cases not originally brought
to PCH for services as described in Attachment A, Section 7 above. Any pretrial interview
requested by the defense shall be paid by the defense at a rate of $250 per hour, prorated
at 15-minute increments after the initial hour. If the defense attorney is OPDS, PCH will
bill MCAO. If the defense attorney is private, MCAO will notify the defense of the need
to pay PCH in advance for the cost of the interview based on the length of the interview
the defense is requesting.
3.7. Expert witness in-court testimony by a Forensic Interviewer shall be provided upon request
by MCAO at a rate of $300.00 per hour. This fee is only for those cases not originally
brought to PCH for services under Attachment A, Section 12 above. Any pretrial interview
requested by the defense shall be paid by the defense at a rate of $200 per hour, prorated
in 15-minute increments after the initial hour. If the defense attorney is OPDS, PCH will
bill MCAO. If the defense attorney is private, MCAO will notify the defense of the need
to pay PCH in advance for the cost of the interview based on the length of the interview
the defense is requesting.
3.8. PCH 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 Maricopa County and MCAO harmless for any and all liability which Maricopa
County or MCAO may incur because of Phoenix Children’s Hospital's failure to pay such
taxes or obligations.
Method of Payment; Invoice and Timeliness Requirements
PCH will submit a statement or invoice for services performed the previous month by the 15th of
each month. The invoice 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:
• 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 PCH statement or
invoice, process and remit to PCH a warrant for payment. Should Maricopa County make a
disallowance in the claim, in whole or in part, PCH may dispute the disallowance. In the event
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PCH has not received payment, PCH will notify Maricopa County of any unpaid invoices within
forty-five (45) days of invoice being sent to facilitate a timely resolution.
PCH understands and agrees that Maricopa County will not honor any claim for payment
submitted more than six months after the date of service. PCH 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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