EFTA00187131¶
U.S. Department of Justice¶
Request, Authorization and Contract for Services of Litigative Consultant¶
Contract No. 7L-USA-04-0207¶
Addendum¶
Attachment 2¶
Litigative Consultant Statement of Work¶
Relationship of the Parties¶
Notwithstanding any provision hereof, for all purposes of this Agreement Dr. Anna Salter shall be and act as an independent Dr. Anna Salter and not an employee of the USAO, thereby incurring all expenses associated with the work, including any overhead and other direct costs not directly related to the performance of this engagement. The USAO will not provide fringe benefits, including health insurance benefits, paid vacations, or any other employee benefit, for Dr. Anna Salter. Dr. Anna Salter shall make no representation as an agent, employee, partner, or joint venturer of USAO. Dr. Anna Salter shall have no authority to bind nor attempt to bind USAO or incur other obligations on behalf of USAO. Dr. Anna Salter is an independent Dr. Anna Salter and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including, but not limited to, Workers’ Compensation Insurance; and Dr. Anna Salter agrees to defend, indemnify and hold USAO harmless from any and all claims, damages, liability, attorneys’ fees and expenses on account of an alleged failure by Dr. Anna Salter to satisfy any such obligations or any other obligation (under this Agreement or otherwise). If Dr. Anna Salter is a corporation, it will ensure that its employees and agents are bound in writing to Dr. Anna Salter’s obligations under this Agreement.¶
Confidentiality¶
Dr. Anna Salter recognizes that the USAO has and will have privileged law enforcement information, as well as non-privileged information obtained from federal agencies and employees, and other proprietary information (collectively “information”) which are valuable, special and unique assets of the USAO. Dr. Anna Salter agrees that other than provided by law, will at no time or under any circumstances, directly, or indirectly, divulge, disclose, or communicate such information to a third party, or use it for its own benefit without the prior written permission from the USAO. Dr. Anna Salter may disclose such information to its employees and subDr. Anna Salters, who may be working on the case, in order to facilitate testimony to be provided by the litigative Dr. Anna Salter in person or by written report, unless notified to the contrary by the USAO. Dr. Anna Salter and its employees and subDr. Anna Salters, will protect the information and treat it as strictly confidential.¶
EFTA00187132¶
In the performance of services under this contract, Dr. Anna Salter , its employees and/or its subDr. Anna Salters may be required to perform operations, have access to, or handle data which contain sensitive, proprietary, or privacy information or data such as, but not limited to, review or to an individuals’ tax records or medical records (such as patient files or prescription records), or other materials containing individual tax or medical information (such as medical utilization reports from carriers, workers’ compensation claim files, personnel files, or court records which include medical or tax reports). Dr. Anna Salter agrees that the following additional safeguards apply to such information:¶
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Dr. Anna Salter shall be responsible for safeguarding the information or data while under the control of or available to Dr. Anna Salter and to prevent it from being compromised, altered, damaged, lost, or improperly disseminated. Dr. Anna Salter shall use such information solely for purposes of the particular court case.
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Access to any such information or document should be strictly limited to persons with a legitimate and compelling need for that information, such as support staff needed to assist in the preparation of testimony in person or by written report . Dr. Anna Salter shall ensure that any such persons use such information solely or purposes of the particular court case and protect the confidentiality of such information.
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Dr. Anna Salter shall ensure that all records are maintained securely so that access is strictly limited.
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At the end of Dr. Anna Salter’s engagement in this matter, all copies of such records shall be returned to the USAO.
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All questions about these safeguards and the records which they cover shall be directed to the AUSA.
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The confidentiality provisions of this Section hereof shall survive any termination of this Agreement.
Conflict of Interest¶
Dr. Anna Salter warrants that he is under no obligation to any other entity that in any way conflicts with this Agreement, that he is free to enter into this Agreement, and is under no obligation to consult for others in matters covered by this Agreement. Dr. Anna Salter shall not, during the term of this Agreement, perform consulting services for others in any related cases within the scope of this Agreement but shall have the right to perform consulting services for others outside the scope of this Agreement.¶
If, for any reason, the USAO or Dr. Anna Salter determines that Dr. Anna Salter and/or an employee or subDr. Anna Salter of Dr. Anna Salter faces a potential, perceived, or real conflict of interest, the USAO shall notify Dr. Anna Salter or Dr. Anna Salter shall notify the USAO of the potential, perceived, or real conflict of interest and Dr. Anna Salter and/or contract employee or subDr. Anna Salter shall cease all work on or reassign the task or proceed at the discretion of the USAO. At the USAO’s option, Dr. Anna Salter may provide an acceptable replacement.¶
EFTA00187133¶
Government Liability¶
The United States, its agents, agencies, departments, employees, and/or contracting officials shall not be liable for any injury to Dr. Anna Salter, its subDr. Anna Salters, agents, personnel, or damage to Dr. Anna Salter property unless the injury or damage is due to negligence on the USAO’s part and may be recoverable under the Federal Tort Claims Act.¶
Return of Records¶
Upon termination of this Agreement, Dr. Anna Salter will deliver all records, notes, data or memorandum that was received from the USAO, and are in Dr. Anna Salters possession or under Dr. Anna Salter’s control and are the USAO’s property or relates to the USAO’s business. Dr. Anna Salter may properly destroy this material upon permission of the USAO.¶