2024 06 MCAO-CHILDHELP FORENSIC INTERVIEWERS CONTRACT RENEWAL (002).PDF

AGREEMENT FOR SERVICES FOR MINOR VICTIMS
BETWEEN
MARICOPA COUNTY, BY AND THROUGH MARICOPA COUNTY ATTORNEY’S OFFICE
AND
CHILDHELP, INC.

WHEREAS, Maricopa County (“County”), by and 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 matters 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 collection of evidence, 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, CONTRACTOR, INC. Contractor”) (maintains and-is-willing to provide staff with

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 Attomey’s Office in such matters, with the understanding that their
evaluation may include consultation and courtroom testimony as it pertains to such cases.

WHEREAS, the parties intending to be legally bound hereto agree to enter this Agreement to conduct
interviews and assist with the types of investigations outlined above set forth herein.

NOW, THEREFORE, the Parties (collectively referred to as “MCAO” and “Contractor”) agree to enter
into this Agreement (the Agreement) effective July 1, 2024.

10. SCOPE OF WORK
1.1. HEALTHCARE PROVIDERS AND SERVICES
For purposes of this Agreement, the Contractor will provide qualified employees or agents to
conduct forensic interviews and provide the services set forth in Attachment A (“Services”) at
the Contractor and/or Advocacy Centers in Maricopa County. The Contractor’s provision of
the services will be conducted at any of the Contractor’s Advocacy Centers in Maricopa
County, contingent on staff availability.

1.2. TRAINING AND EDUCATION

The Contractor shall provide resumes and/or CVs and documentation for each Team member
providing any Services pursuant to this Agreement.

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2.8.

3.0.

4.0.

OTHER REQUIREMENTS

The Contractor will, at its sole expense, do the following:

2.1. Provide appropriate and sufficient clerical staff to prepare reports and other support for

performing the Services.

COMPENSATION AND REIMBURSEMENT

As compensation and reimbursement for the services, MCAO shall pay the Contractor as set forth
in Attachment B.

ADDITIONAL TERMS AND CONDITIONS

41.

4.2,

43.

4.4,

4.5.

Any action to enforce this Agreement shall be brought in the State of Arizona Superior Court
in and for Maricopa County.

4.1.1. The terms of this Agreement shall be construed in accordance with Arizona
law, including the Arbitration Terms as outlined in AR.S. § 12-1518.

4.1.2. This Agreement is a public record pursuant to A.R.S. § 39-121, ei seq.

The Contractor understands and agrees that this Agreement is subject to all laws, rules, and
regulations that pertain hereto, including but not limited to those expressly mentioned in this
Agreement.

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
COMPLIANCE

Each party agrees to comply with the Health Insurance Portability and Accountability Act
(HIPAA) requirements that apply to any records or other information described in this
Agreement.

RELATIONSHIP BETWEEN 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 to affect 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 expressly
provided herein.

RETENTION OF RECORDS

4.5.1. Contractor agrees to retain all financial books, administrative records, and other
documents relevant to this Agreement for five (5) years after final payment or until
the final resolution of any audit questions, whichever is longer.

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4.6.

4.7,

4.3.

4.5.2. Contractor will retain all records, including but not limited to intake reports,
written reports, and digital copies of the forensic interviews, for at least twenty
(20) years.

4.5.3. All records and reports prepared by the Contractor 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
is otherwise required by law.

4.5.4. MCAO, Federal, State, or County auditors, and any other persons duly authorized
by law shall have access and the right to examine, copy, and use any records and
other materials related to this Agreement. Records will be maintained and retained
under the existing Contractor and/or facility practices, policies, and procedures.

TERM OF AGREEMENT

This Agreement is effective as of the date of the last signature to this Agreement and shall
continue until June 30, 2026 (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, 2026.

OPTION TO EXTEND

MCAO may, at its option and with the Contractor's agreement, extend the period of this
Agreement up to a maximum of three (3) additional one (1) year periods. MCAO must notify
the Contractor ofits intention to extend this Agreement; such notice shall be delivered at least
thirty (30) calendar days before the expiration of this Agreement. The terms and conditions
of any such extension of this Agreement, including any associated pricing, shall be subject to
a mutual written agreement of the parties.

TERMINATION

4.8.1. This Agreement is subject to cancellation in accordance with the provisions of
ARS. § 38-511.

4.8.2. Either party may terminate this Agreement at any time, with 60 days written notice
to the other party; the sixty (60) days notice requirement shall not apply to
termination by the MCAO under Section 4.9 (Mefault) or Section 4.15
(Availability of Funds). Such notice shall be given by personal delivery or
registered or certified mail to the addresses listed in the Notice section below.

4.8.3. This Agreement may be terminated by mutual written agreement of the parties
specifying the termination date therein.

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4.9.

4.10.

4.11.

4.12.

4.13.

4,14,

DEFAULT

The MCAO may suspend, terminate, or modify this Agreement immediately upon written
notice to the Contractor in the event of nonperformance of stated objectives, other material
breaches of this Agreement, orany event that would jeopardize the MCAO's ability to perform
any of its obligations.

AMENDMENTS

All amendments to this Agreement must be in writing and signed by both parties.

CHANGES

Either party may request changes in the scope of the services to be performed by the
Contractor hereunder on an annual basis. All such changes 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 number of services or reimbursements provided by
the Contractor or due to the Contractor.

ASSIGNMENT OR SUBCONTRACTING

The Contractor may not assign this Agreement or Subcontract to another party without the
written approval of MCAO for the performance of the terms and conditions hereof.

AUDIT DISALLOWANCES

If at any time Maricopa County or MCAO determines that a reimbursement for which
payment has been made is disallowed due to failure to submit required documentation,
MCAO shall notify the Contractor of the disallowance in writing with the required course of
action. Unless the Contractor disputes the disallowance pursuant to the terms provided herein,
MCAO may, at its option, either adjust any future claim or reimbursement or require
repayment of the disallowed amount by the Contractor.

AVAILABILITY OF FUNDS

The provisions of this Agreement relating to reimbursement or payment for services shall
become effective when funds assigned for compensating Contractor are available to MCAO
for disbursement. MCAO shall be the sole judge and authority in determining the availability
of funds under this Agreement. MCAO shall keep the Contractor fully informed about the
availability of funds and will not seek additional services under this Agreement if finds are
unavailable.

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4.15, AGREEMENT COMPLIANCE MONITORING

The MCAO shall monitor the Contractor’s compliance with and performance under the terms
and conditions of this Agreement. The Contractor shall make all records and accounts relating
to the work performed or the services provided in this Agreement available for inspection
and/or copying by the MCAO.

4.16. COVENANT AGAINST CONTINGENT FEES

Contractor 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 Contractor 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 total amount of
such commission, percentage, brokerage, or contingent fee.

4.17, RIGHTS IN DATA

MCAO shall have use of data and reports resulting from this Agreement without additional
cost or other restrictions except as may be established by law or applicable regulation. Each
party shall supply to the other party, upon request, any available information relevant to this
Agreement and the performance hereunder.

4.18. SEVERABILITY

Any provision of this Agreement determined to be invalid, void, or illegal shall in no way
affect, impair, or invalidate any other provision hereof, and the remaining provisions shall
remain in fall force and effect.

4.19. STRICT COMPLIANCE
4.19.1. Acceptance by MCAO of performance not in sirict compliance with the terms
hereof shall not be deemed to waive the requirement of strict compliance for any
funire performance obligations. Unless specified otherwise, all changes in

performance obligations under this Agreement must be in writing.

4.19.2. This Contract does not guarantee the minimum or maximum number of interviews the
contractor will be required to perform.

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4.20. 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 attomey's fees) (hereinafter collectively referred to as “claim” or
"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 faults of the Indemnitor, its officers,
officials, agents, employees, or volunteers. Indemnification for punitive damages will not be
provided by either Party.

4.21. INSURANCE OBLIGATIONS

4.21.1. Forthe obligations, services, and duties Contractor is to provide under this Agreement,
Contractor shall secure and maintain in force general liability imsurance and
professional liability (malpractice) insurance with minimum coverage of $2,000,000
per occurrence and no less than $4,000,000 annual aggregate coverage, and workers”
compensation coverage at a level consistent with industry standards. The contractor
shall furnish evidence of such coverage to MCAO, and the Contractor shall provide
MCAO with thisty (30) days” notice of cancellation of this insurance coverage.

4.21.2, 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.

4.21.3. Upon request by MCAO, the Contractor shall furnish MCAO with valid and complete
certificates of insurance or a self-insurance letter issued by the Contractor’s insurer(s)
or tisk management department as evidence that policies providing the coverage,
conditions, and limits required by this Agreement are in full force and effect.

4.21.4. Maricopa County's right to the coverage afforded under the insurance policies shall not
be affected by any failure to comply with the claim reporting provisions of the
insurance policies or any breach of an insurance policy warranty.

4.21.5. The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductibles and/or self-insured retentions shall not apply to the
coverage provided to Maricopa County under such policies. The Contractor shall be
solely responsible for the deductible and/or self-insured tetention.

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NON-DISCRIMINATION

The Contractor agrees to comply with all applicable provisions and requirements of Arizona
Executive Order 2009-09, including the flow down of all provisions and requirements to any
subcontractor. Executive Order 2009-09 supersedes Executive Order 99-4 and amends Exeoutive
Order 75-5 and may be viewed and downloaded at the Governor of the State of Arizona’s website
http://azmemorv.azlibrarv.gov. which is hereby incorporated into this contract as if set forth in full
herein. During the performance of this contract, CONTRACTOR 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. 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 Titles VI and VIL
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.

5.1, E-VERIFICATION OF EMPLOYEES

5.0.1. By entering into this Agreement, the Contractor warrants compliance with the
Immigration and Nationality Act) and all other federal immigration laws and
regulations related to the immigration status of its employees and ARS. §23-214(A).
The Contractor 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 terms of this Agreement. The Contractor 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. 1-9 forms are
available for download at USCIS.GOV

5.0.2. MCAO retains the legal right to inspect the relevant and not privileged portions of the
employment records of the Contractor and any Provider performing work under this
Contract to verify compliance with this Agreement. The contractor and the relevant
Provider(s) shall be given reasonable notice of MCAO’s intent to inspect, and the
Contractor shall make the documents related to the performance of this Agreement
available at the time and date specified. Should MCAO suspect or find that the
Contractor or any Provider(s) are not in compliance, MCAO will consider this a
material breach of this Agreement and may pursue any and all remedies allowed by
law, including, but not limited to, suspension of work, termination of this Agreement
for default, and suspension and/or debarment of the Contractor. All costs necessary to
verify compliance are the responsibility of the Contractor.

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6.0. CONTRACTOR PROCEDURES AND CONTROLS

No information contained in Contractor records and/or obtained from MCAO or others in carrying
out its functions or services under this Agreement shall be used by or disclosed by Contractor, its
agents, officers, or employees, except as required to efficiently perform duties under this Agreement
or as otherwise required by law or legal process. The Contractor shall treat any such information
with at least the same procedures and controls it uses to protect its own proprietary or confidential
information.

7.0. ISRAEL BOYCOTT CERTIFICATION

If the Contractor engages in for-profit activity and has ten (10) or more employees, and if this
Agreement has 2 value of $100,000 or more, the Contractor certifies it is not currently engaged in
and agrees to not engage in a boycott of goods or services from Israel for the duration of this
Agreement. 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.

8.0. UYGHUR FORCED LABOR PREVENTION ACT (UFLPA)

Pursuant to A.R.S. § 35-394, the Contractor certifies that it is not currently using and agrees for the
duration of this Contract not to use any goods or services produced by the forced labor of ethnic
Uyghurs in the People’s Republic of China and any contractors, subcontractors or suppliers that use
the forced labor of ethnic Uyghurs in the People’s Republic of China, the Contractor shall ensure and
cause all subcontractors to comply with this provision.

9.0. DISPUTES

The Parties retain the right to pursue any judicial remedies available under Arizona law. Any legal
action shall be in the Superior Court of Maricopa County.

10.0. NOTICE

Whenever written notice is required or permitted by either party to the other, such notice shall be
deemed sufficiently given if personally delivered or sent via certified or registered mail, with a return
receipt requested and address to:

For MCAO: For CONTRACTOR, INC:
Maricopa County Attomey’s Office Contractor Center of Arizona
Contract Administrator 2120 N. Central Ave, Suite 130
225 W Madison Street Phoenix, AZ 85004

Phoenix, AZ 85003

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The parties have executed this Agreement by its duly authorized signatory as of the effective date set forth in
section 4.6 above.

MARICOPA ne
Lf, ry Loe

McKinley, ChildAlelp, inc. chel H. Mitchell

lis} avay wlt7/2¥
Date Date
MARICOPA COUNTY, ARIZONA APPROVED AS TO FORM:
Chairman, Board of Supervisors Deputy County Attomey
Date Date
al TEST:
Clerk of the Board

Date

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ATTACHMENT A: SERVICES

CONTRACTOR. will provide the services set forth below:
1. FORENSIC INTERVIEWS:

1.1. Forensic Interviews are to be conducted by the Contractor through its qualified
employees or agents, who shall be mutually agreed upon by the parties before 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 maintained on a
secure server or a secure hard drive for twenty years or until destruction is authorized
by MCAO, whichever occurs first.

1.2. 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.

1.3. The parties understand that the information derived from a Forensic Interview may
assist the examining physician with providing appropriate health care services for this
individual and may be used in any investigation or prosecution of any matter under the
jurisdiction of MCAO.

1.4. In addition to conducting the Forensic Interview, the Contractor will prepare and
produce a report for the MCAO documenting the Forensic Interview, provide fact
witness testimony in court regarding the Forensic Interview, attend and participate in
defense interviews and pretrial preparation, consult with representatives of law
enforcement and prosecution, and be available for consultation as necessary. MCAO
will make every effort to minimize the number, frequency, and duration of all defense
interviews and pretrial preparatory sessions to reduce the impact on Team members’
regular work schedules.

1.5. A Forensic Interviewer may occasionally be hired to provide expert witness testimony
in cases where the Forensic Interviewer did not see the child.

1.6. Participate in regularly scheduled activities as requested by MCAO.

1.7. The Contractor understands that the forensic interviewers may be asked to participate,
upon request and reasonable notice, in multidisciplinary and interdisciplinary team
meetings (MDTs) 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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ATTACHMENT B: COMPENSATION AND REIMBURSEMENT

1. MCAO will reimburse the Contractor at a rate of $350.00 per interview for Forensic interview services
provided by the Contractor as described in Attachment B, Section 1.1. This includes a one-hour pretrial
interview with defense counsel, consultation with the assigned prosecutor, and court testimony,
including any retrials,

2. Ifthe interview is conducted in Spanish, MCAO will reimburse the Contractor $400.00 per interview
for Forensic Interview Services provided by the Contractor as described in Attachment A, Section 1.1.
This includes a one-hour pretrial interview with defense counsel, consultation with the assigned
prosecutor, and court testimony, including any retrials.

3. Jn addition to the rate of reimbursement enumerated in Attachment B, Sections 1 and 2 above,
MCAO will reimburse the Contractor for:

3.1. Expert witness in-court testimony by Forensic Interviewer shall be provided upon request
by MCAO at a rate of $250.00 per hour. This fee is only for those cases not brought
initially to the Contractor for services under Attachment B, section 1.5 above. Any pretrial
interview requested by the defense shall be paid $200 per hour, prorated in 15-minute
increments after the initial hour. If the defense attomey is OPDS, the Contractor will bill
MCAO. If the defense attomey is private, MCAO will notify the defense of the need to
pay the Contractor in advance for the cost of the interview based on the length of the
interview the defense is requesting.

3.2. 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, including worker's compensation for any and all of its employees, and
agrees to hold County and MCAO harmless for any and all liability which the County of
MCAO may incur because Contractor fails to pay such taxes or obligations.

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METHOD OF PAYMENT: INVOICE AND TIMELINESS REQUIREMENTS

The Contractor will submit a statement or invoice for services performed the previous month by
the 15" of each month. The invoice shall include, at a minimum, the following information
regarding each case for which payment is claimed for the Services:

the name of the Provider(s).

the type of Service provided (i.e., Forensic Interview or expert testimony).

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.

e the name of the defense attorney, if present, and the type of defense attorney - public or
privately retained.

MCAO will, within (30) thirty business days from receipt of the Contractor’s statement or
invoice, process and remit a warrant for payment to the Contractor. Should Maricopa County
make a disallowance in the claim, in whole or in part, the Contractor may dispute the
disallowance.

The Contractor understands and agrees that Maricopa County will not honor any claim for
payment submitted more than six months after the date of service and will not process any claim

for payment for Services rendered prior to the termination date of this Agreement submitted
more than sixty (60) days after such termination date without the prior approval of MCAO.

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This document was requested from app.contractsafe.com

Document History

GB 05/34/2024 Sent for signature to Christopher Wright
SENT 17:11:33 UTC (cwright@childhelp.org) from cwright@childhelp.org
IP: 68.230.71.14

&® 05 / 31/2024 Viewed by Christopher Wright (cwright@childhelp.org)
viEWwED 17:12:17 UTC IP: 68.230.71.14
i 06 / 07 {2024 Signed by Christopher Wright (cwright@childhelp.org)
SIGNED 17:48:21 UTC IP: 68.230.71.14
SG 06 / 07 / 2024 The document has been completed.
COMPLETED 17:48:21 UTC

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