FY24 AGREEMENT WITH PHOENIX CHILDREN'S HOSPITAL FOR SERVICES FOR MINOR VICTIMS.PDF

DocuSign Envelope ID: FECDED43-B8C29-41BE-895E-DBB2ABEE9461

AGREEMENT FOR SERVICES FOR MINOR VICTIMS
BETWEEN
MARICOPA COUNTY, BY AND THROUGH MARICOPA COUNTY ATTORNEY’S OFFICE
AND
PHOENIX CHILDREN’S HOSPITAL

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 of 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 PCH to conduct such interviews and assist
with Services set forth herein.

NOW, THEREFORE, the Parties agree to enter into this Agreement (the Agreement) effective July 1,
2023.

10. 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 and 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

13,1. PCH shall provide resumes and/or CVs and documentation as follows for each team
member providing any Services pursuant to this Agreement.

13.2. Proof of current certification or licensure and proof of board eligibility or board
certification.

13.3. Proofof current CPR status.

13.4, 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.

13,5. Proof that the Provider has maintained membership or active participation in a
professional organization (e.g., American Academy of Pediatrics).

2.0. OTHER REQUIREMENTS
PCH will, at ils sole expense, do the following:
2.1. Obtain and maintain Clinical Laboratory Improvement Amendments and all other licenses,

certifications and education requirements necessary under state, federal and local guidelines to
provide the Services under this Agreement.

2.2. If PCH cannot 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 other support related to
performing the services.

2.4. Use reasonable efforts to obtain all necessary authorization 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.

2.5 Agree to comply with all current laws, rules, and policies governing the confidentiality
of any data provided. PCH further agrees to assume responsibility for knowing such
laws and checking for updates to such laws from time to time.

3.0. COMPENSATION AND REIMBURSEMENT

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

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4.0. ADDITIONAL TERMS AND CONDITIONS

41.

4.2,

43,

44,

45,

4.6.

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

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

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

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, andregulations 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 are applicable 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 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.

RETENTION OF RECORDS

45.1, PCH 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.

45.2. PCH will retain all medical records, as well as digital copies of the forensic
interviews, for at least twenty (20) years.

45.3. 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.

TERM OF AGREEMENT

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4.7.

4.8.

4.9,

4.10.

411,

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 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.

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 patty; this sixty (60) days notice requirement shall not apply
to termination by the MCAO under Section 4.9 (Default) or Section 4.154
(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.

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

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 breaches of this Agreement or upon any event which would jeopardize the
ability of the MCAO to perform any of its obligations.

AMENDMENTS

Alf 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 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

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4.13,

4.14,

415,

4.16,

417.

4.18,

amendinents shall state any increase or decrease in the number of services or
reimbursement to be provided by PCH or due to PCH,

ASSIGNMENT OR SUBCONTRACTING

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

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 of the disallowance in writing with 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.

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.

AGREEMENT COMPLIANCE MONITORING

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.

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 bonafide employees or bonafide established
commercial or selling agencies maintained by PCH for the purpose of securing business. For
breach of this warranty, Maricopa County and MCAO shail 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.

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.

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419,

4.20,

4.21,

422,

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 remaining provisions shall remain
in full force and effect.

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 any future performance
obligations. in writing.

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 faults of the Indemnitor, its officers, officials, agents,
employees, or volunteers. Indemnification for punitive damages will not be provided by either
Party.

INSURANCE OBLIGATIONS

4.22.1. 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 with thirty (30) days’ notice of
cancellation of this insurance coverage.

4.22.2. Allinsurance 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.

4.22.3, 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.

4.22.4, Any failure to comply with the claim reporting provisions of the insurance policies or
any breach of an insurance policy warranty shail not affect Maricopa County’s right to
the coverage afforded under the insurance policies.

4.22.5, 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.

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5.0, NON-DISCRIMINATION

PCH agrees to comply with ali applicable provisions and requirements of Arizona Executive Order
2009-09, including the flow down ofall 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
httipv//azmemory.aziibrary. 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. 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 VIE
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 ail persons shall have equal access to employment opportunities.

5.1, E- VERIFICATION OF EMPLOYEES

5.1.1. By entering into this Agreement, PCH 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 A.R.S. §23-214(A). PCH shall obtain
statements from any subcontractor certifying compliance and shali furnish the
statements to MCAO upon request, These warranties shal! remain in effect through the
term of this Agreement. PCH shall also maintain Employment Eligibility Verification
forms (1-9) 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

5.1.2. 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 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 wiil consider this a material breach ofthis 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.

5.1.3. 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

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6.0.

7.0.

8.0.

9.0,

personally delivered or sent via certified or registered mail, return receipt requested,
address,

For MCAO: Maricopa County Attomey’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

PCH PROCEDURES AND CONTROLS

No information contained in PCH records and/or obtained from MCAO or from others in carrying
out its functions or 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,

ISRAEL BOYCOTT CERTIFICATION

if PCH engages in for-profit activity and has 10 or more employees, and if this Agreement has a
value of $100,000 or more, PCH certifies it is not currently engaged in and agrees to not engage ina
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,

UYGHUR FORCED LABOR PREVENTION ACT (UFLPA)

Pursuant to A.R.S. § 35-394, PCH certifies that it is not currently using and agrees for the duration
of this Contract to not 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, PCH shall ensure and cause all
subcontractors to comply with this provision.

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.

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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,

PHOENIX CHILDREN’S HOSPITAL

DovuSigred by:

De dared Nuwar

Jared Muenzer, MD
Physician-in-chief, coo PCMG
8/1/2023 | 12:05 PM MST

MARICOPA COUNTY ATTORNEY

( guabadt! Lavkehle

Rbthel H. oe: “

4(3\7-098

Date Date
MARICOPA COUNTY, ARIZONA APPROVED AS TO FORM:
Kim Miles —

Chairman, Board of Supervisors Deputy County Attorney

08/02/2023
Date Date
ATTEST:
Clerk of the Board
Date

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ATTACHMENT A; SERVICES

PCH will previde the Services set forth below:

1.

5.

6.

7

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,

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 a sooner examination is
otherwise necessary or as designated by the Team or by an MCAO Special Victims
Division Senior Attorney.

For pediatric patients, conduct medical examination, obtain medical history, perform a
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.

Conduct postmortem skeletal surveys on any suspicious death of a child under the age
of two without the need for Medical Examiner approval.

Conduct appropriate laboratory tests, including but not limited to pregnancy tests and
STD tests,

Team members will conduct sexual maturity rating services to determine gender and
maturity levels based on evidence provided only at law enforcement's request.

Provide fact witness testimony in court regarding cases in which the Provider has
physically examined the child. The Provider will attend and participate in defense
interviews and pretrial preparation and answer questions about their findings and
conclusions, MCAO will make every effort to use the Provider's time efficiently to
limit the time impact of these pre-trial activities, including scheduling interviews and
meetings at mutually convenient times and locations.

For record review cases, 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 use the
Provider's time efficiently to limit the time impact of these pre-trial activities, including
scheduling interviews and meetings at mutually convenient times and locations.

Providers will provide consultation regarding cases of child maltreatment in which the

Provider was the treating medical provider. PCH understands that the Provider(s) may
be asked to participate in additional case staffing.

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10.

11.

12,

Maintain appropriate medical documentation and confidentiality.

Consult with other specialists as required and adjust the process as indicated to ensure
appropriate medical care

FORENSIC INTERVIEWS

12.1,

12.2,

12.3.

12.4,

12.5,

12.6,

12.7.

Forensic Interviews are to be conducted by PCH through its qualified employees
or agents, who shall be mutually agreed upon by the parties before engaging in
any forensic interview. Forensic Interviews shall be digitally audio and video
recorded, PCH will preserve the video recording and provide a copy of the
interview to the referring law enforcement agency. The preserved recordings
must be retained unti! destruction is authorized by MCAO.

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,

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 used in any investigation
or prosecution of any matter under the jurisdiction of MCAO.

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 law enforcement and prosecution representatives, and
be available for consultation, as necessary. MCAO will try 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.

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

Participate in regularly scheduled activities as requested by MCAO,

PCH understands that the Forensic Interviewers may be asked to participate in,
upon request and reasonable notice, multi-disciplinary and interdisciplinary
team meetings consisting of healthcare professionals, law enforcement
agencies, and attomeys. 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, including medical, law
enforcement, and other relevant documents 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 adequate care to
current patients at 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 documents may include records of the PCH
facilities or other facilities that have seen the patients that MCAO separately
obtained. 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. MCAO is solely responsible for
obtaining and providing relevant 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, defense
interviews, and expert testimony, as set out in Attachment B, Section 3.6.

14, PCH understands that the Team member(s) may be asked to participate, upon request and
reasonable notice, in larger multi-disciplinary and inter-disciplinary teams consisting of
healthcare pro fessionals, law enforcement agencies, and attorneys. When PCH and the Team
member(s) agree to participate, that Service shall be provided at no additional charge unless
otherwise agreed in writing.

15. PCH reserves the right to refuse to participate, or to 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 arate 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 all/any court testimony, including any retrials.

2. MCAO will reimburse PCH at a rate of $350 per interview for Forensic Interview services as provided

for

in Attachment A, Section 12 above. This includes a one-hour pretrial interview with defense

counsel, consultation with the assigned prosecutor, and all/any court testimony, including any retrials,

3. In addition to the rate of reimbursement enumerated in Attachment B, Sections | and 2 above,
MCAO will reimburse PCH for:

3.1.

3.2.

3.3,

3.4.

The actual cost of laboratory tests, but MCAO will not be required to reimburse any costs
over $350 per case, provided 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 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 are mutually agreed upon by the Parties in advance,
additional laboratory tests may be conducted.

MCAO will reimburse PCH $819 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.

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.

3.3.1. Atthe request of MCAO 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, 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,

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.

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3.5,

3.6,

3.7.

3.8,

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.

Expert testimony by a medical provider in court testimony shall be provided upon request
by MCAO ata 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. The defense shall pay
any pretrial interview requested by the defense at a rate of $250 per hour, prorated in 15-
minute increments after the initial hour. If the defense attorney is 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 cost of the
interview based on the length of the interview the defense is requesting.

Expert witness in-court testimony by a Forensic Interviewer 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 under Attachment A, Section 12 above. The defense shall
pay any pretrial interview requested 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.

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 ail liability which
Maricopa County or MCAO incurs due to PCH’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 15" 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 (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

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DocuSign Envelope ID; FECDED43-8C28-41BE-895E-D8B2ABEE9461

disallowance in the claim, in whole or in part, PCH may dispute the disallowance, If PCH has yet
to receive 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
up to six months after 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 (60) sixty days after such termination date with the approval of MCAO.

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