PHOENIX CHILDREN'S HOSPITAL AMENNDMENT 2 FOR SIGNATURE.PDF
Extracted text (via pymupdf)
10125 characters
1 SECOND AMENDMENT TO AGREEMENT FOR SERVICES FOR MINOR VICTIMS BETWEEN MARICOPA COUNTY, BY AND THROUGH MARICOPA COUNTY ATTORNEY’S OFFICE AND PHOENIX CHILDREN’S HOSPITAL This Second Amendment to the Agreement, Maricopa County, through the Maricopa County Attorney’s Office (“MCAO”) and Phoenix Children’s Hospital, Inc. (“PCH”) (collectively referred to as the “Parties”), is effective upon approval by the Maricopa County Board of Supervisors. RECITALS WHEREAS, the Parties entered into a certain Agreement regarding professional services for medical evaluation and examination in cases of child and other sexual abuse, effective July 1, 2023 (the “Agreement”); and WHEREAS, the Parties previously amended the Agreement through a First Amendment modifying the compensation and reimbursement provisions contained in Attachment B of the Agreement; WHEREAS, the Parties now desire to further amend the Agreement as set forth in this Second Amendment; NOW, THEREFORE, the Parties hereto amend the Agreement according to the terms and conditions set forth below: 3.0. COMPENSATION AND REIMBURSEMENT As compensation and reimbursement for the services, MCAO shall pay PCH as set forth in Attachment B. ATTACHMENT B - COMPENSATION AND REIMBURSEMENT: Amend sections 2.0., 3.0., 4.0., 4.1., 4.2., 4.3., 4.3.1., 4.4., 4.5., 4.6., 4.7. and 4.8. to read as set forth below. All other sections of Attachment B remain unchanged. The revised Attachment B is attached to this Second Amendment. DocusignEnvelopeID:6C5D793C-770B-8774-8338-E9CDF00447E7 2 4.0. ADDITIONAL TERMS AND CONDITIONS 4.6. TERM OF AGREEMENT This Agreement is effective as of July 1, 2026, and shall continue until June 30, 2027 (the “Term”) unless terminated by either Party in accordance herewith. Upon full execution and approval by MCAO, this Agreement shall remain in effect through June 30, 2027, unless terminated in accordance with its terms. 4.7. 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 a mutual written agreement of the parties. Except as expressly amended by this Second Amendment, all other terms and conditions of the Original Agreement shall remain in full force and effect. PHOENIX CHILDREN’S HOSPITAL Chad Johnson SVP, PCCN & PCMG Operations Date MARICOPA COUNTY, ARIZONA Chair, Board of Supervisors Date MARICOPA COUNTY ATTORNEY Rachel H. Mitchell Date ATTEST: Clerk of the Board Date DocusignEnvelopeID:6C5D793C-770B-8774-8338-E9CDF00447E7 6/15/2026|9:09AMMST SIGN SIGN SIGN 3 ATTACHMENT B - COMPENSATION AND REIMBURSEMENT: 1. MCAO will reimburse PCH at a rate of $900 for services under Attachment A, Section 3 above. This includes a one-hour pretrial interview with defense counsel, consultation with the assigned prosecutor, and all court testimony, including any retrials. 2. MCAO will reimburse PCH at a rate of $365 per interview for Forensic Interview services under Attachment A, Section 12 above. This includes a one-hour pretrial interview with defense counsel, consultation with the assigned prosecutor, and all court testimony, including any retrials. 3. If the 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 12. This includes a one-hour pretrial interview with defense counsel, consultation with the assigned prosecutor, and court testimony, including any retrials. 4. In addition to the rate of reimbursement enumerated in Attachment B, Sections 1 and 2 above, MCAO will reimburse PCH for: 4.1. The actual cost of laboratory tests, but MCAO will not be required to reimburse any costs over $365 per case, provided that a minimum/flat fee of $315 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 are dependent upon many variables, including the patient’s presentation and history, or the request of the law enforcement agency; therefore, the Parties agree that in those cases that the Parties mutually agreed upon in advance, additional laboratory tests may be conducted. 4.2. MCAO will reimburse PCH $850 for each postmortem skeletal examination in cases of suspicious deaths of children under two years old without having to consult the Medical Examiner’s Office to gain approval to do the postmortem skeletal survey. 4.3. Medical records review and consultation with prosecutors during case preparation for cases 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 per hour. Medical records reviews shall include providing MCAO with a written opinion upon completion and testifying in court as necessary. 4.3.1. At the request of MCAO, and for records reviewed as outlined 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; assist prosecutors with pretrial preparation; consult with representatives of law enforcement; and participate in case staffing, upon reasonable notice and accommodation of the Team member’s hospital schedules. DocusignEnvelopeID:6C5D793C-770B-8774-8338-E9CDF00447E7 4 4.4. 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 per case. 4.5. 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 per case. 4.6. Expert testimony by a medical provider shall be provided upon request by MCAO at a rate of $316 per hour, prorated in 30‑minute increments after the initial hour. This fee applies only to cases not originally brought to PCH for the Services described in Attachment A, Section 7 above. The defense shall pay for any pretrial interview requested by the defense at a rate of $250 per hour, prorated in 30‑minute increments after the initial hour. If the defense attorney is from the Office of Public Defender Services (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 interview, based on the length of the interview requested by the defense. 4.7. Expert testimony by a Forensic Interviewer shall be provided upon request by MCAO at a rate of $316 per hour, prorated in 30‑minute increments after the initial hour. This fee applies only to cases not originally brought to PCH for the Services described in Attachment A, Section 12 above. The defense shall pay for any pretrial interview requested by the defense at a rate of $200 per hour, prorated in 30‑minute increments after the initial hour. If the defense attorney is from the Office of Public Defender Services (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 interview, based on the length of the interview requested by the defense. 4.8. 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 incurs due to PCH’s failure to pay such taxes or obligations. DocusignEnvelopeID:6C5D793C-770B-8774-8338-E9CDF00447E7 5 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 Service(s); • 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 another representative who requested the service described on the invoice. MCAO will, within thirty (30) 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. If PCH has not yet received payment, PCH will notify Maricopa County of any unpaid invoices within forty-five (45) days of the invoice being sent to facilitate a timely resolution. PCH understands and agrees that Maricopa County will only honor claims for payment submitted within 6 months of the service date. PCH understands and agrees that Maricopa County will only process claims for payment for Services rendered after the termination date of this Agreement, submitted more than sixty (60) days after such termination date, with the approval of MCAO. DocusignEnvelopeID:6C5D793C-770B-8774-8338-E9CDF00447E7