AGR-7271.A - FORENSIC NURSING SPECIALISTS INCAGR-7a7 I.A
FORENSIC EXAMINATION SERVICES AGREEMENT
THIS FORENSIC EXAMINATION SERVICES AGREEMENT, the"Agreement")is
made at Orange, California, on this j 3 day of oG Mir, 2022 (the "Effective Date")by
and between the CITY OF ORANGE, a municipal corporation ("City") through its Police
Department, and FORENSIC NURSING SPECIALISTS, INC., a California corporation doing
business as FORENSIC NURSE SPECIALISTS, INC. ("Contractor"),who agree as follows:
A. City requires the collection of forensic evidence with respect to victims of sexual
assault and other forms of interpersonal violence;
B. This is a mandatory expense as failure to provide a victim of sexual assault with an
examination by a qualified healthcare professional would be a violation of the California Penal
Code;
C. City does not have the capability to collect the aforesaid forensic evidence
internally;
D. Contractor has specialized training and expertise in the forensic examination
services and City desires to contract such services from Contractor; and
E. Contractor is the sole source providing this service in Orange County and there are
no specific registries that utilize forensic nurses solely for the purpose of exams.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
contained herein,the parties hereto agree as follows:
1. Services. Contractor agrees to provide the following services (collectively, the
Services")to City:
1.1. Examination. Contractor agrees to provide City with approved forensic-
medical exams as listed in Exhibit"A,"on a 24/7 basis,to sexual assault and other types of victims
with a one hour response to a mutually agreed upon examination location. The exam is to include
digital imaging of injuries and physical findings. The examination will be conducted by forensic
nurses who are trained and competent in the California State Protocol established by CALOES
California Office of Emergency Services).
1.2. Evidence. All evidence collected during the examination will be packaged,
labeled and sealed according to the state and local crime lab requirements and submitted to the on-
site evidence storage refrigerator with appropriate chain of custody documentation. Evidence for
mobile exams(off site)or courtesy cases will be relinquished at the conclusion of that examination
to City. Digital photographs will be available upon request by City investigators.
1.3. Equipment and Supplies. Contractor will provide all equipment and
supplies to conduct all services listed in Exhibit"A."
1.4. Testimony. Contractor agrees to provide competent court testimony as
requested by City (upon receipt of subpoena).
2. Compensation. In exchange for the services to be provided by Contractor pursuant
to Section 1 above, City shall compensate Contractor according to the Contractor Fee Schedule
listed in Exhibit"A."Services can be added at any time per City request and negotiated rates. City
acknowledges and agrees that Contractor is entitled to adjust the rates set forth in Exhibit"A"from
time to time and at any time. Contractor shall use reasonable efforts to give City at least thirty(30)
days' prior written notice of any increase or adjustment to rates.
3. Payment. Contractor shall invoice City monthly for all services performed in the
previous month. City shall remit payment to Contractor within thirty (30) days of receipt and
approval of an invoice.
4. Term and Termination. This Agreement shall be for a term of one year,
commencing on the Effective Date and expiring on the first anniversary thereof("Term"). Either
party may terminate this Agreement without cause at any time during the Term by providing the
other party at least thirty(30) days' prior written notice of termination.
5. Indemnification. The parties each shall indemnify,defend,and hold the other party
harmless from and against any and all liability, loss, damages, costs, and expenses (including
reasonable attorneys' fees) caused by the negligence or wrongful acts or omissions of such
indemnifying party or its employees, officers or agents. The provisions of this Section 5 shall
survive the termination of this Agreement.
6. Insurance. Contractor shall procure and maintain at its own expense the following
insurance:
6.1. Commercial General Liability Insurance in an amount not less than One
Million Dollars ($1,000,000) per each occurrence and Two Million Dollars ($2,000,000) general
aggregate. The policy of general liability shall provide that City, its officers,officials,agents,and
employees are declared to be additional insureds under the terms of the policy, but only with
respect to the work performed by Contractor under this Agreement. A policy endorsement to that
effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement,
City will accept a copy of the policy(ies) which evidences that City is an additional insured as a
contracting party. Any umbrella liability insurance that is provided as part of the general liability
minimums set forth herein shall be maintained for the duration of the Agreement:
6.2. Workers Compensation Insurance as required by the California Labor Code
and employer's liability insurance in an amount not less than One Million Dollars ($1,000,000).
This policy shall be endorsed to state that the insurer waive its right of subrogation against the
City, its boards and commissions, and its officials, employees, and agents.
6.3. Professional liability or errors and omissions insurance in an amount not less
than One Million Dollars ($1,000,000)per claim.
2
7. Confidentiality of Patient Information. None of the parties shall disclose any
confidential patient health information to any third party, except where permitted or required by
law or where the patient expressly approves such disclosure. Contractor and City shall comply
with all federal and state laws and regulations regarding the confidentiality of such information,
including without limitation the Health Insurance Portability and Accountability Act of 1996
HIPAA).
8. Non-Discrimination. By signing this Agreement, Contractor certifies that it does
not discriminate in hiring or treatment on the basis of race, color, creed, religion, sex, sexual
orientation, age, mental status, national origin, ancestry, physical handicap or medical condition
or any other basis prohibited by applicable law.
9. Non-Exclusivity. This Agreement is not exclusive, and nothing herein shall
preclude either party from contracting with any other person or entity for any purpose.
10. Notices. Any notices required or desired to be given under this Agreement shall be
in writing and personally delivered or deposited in the U.S.Postal Service,first class mail,postage
prepaid.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date
first written above.
CONTRACTOR" CITY"
FORENSIC NURSING SPECIALISTS, INC.,CITY OF ORANGE, a municipal corporation
a California corporation doing business as
FORENSIC NURSESPECIALISTS, INC.
f p
By: I' `i``iV teil B A.-'Y•
Printe Nam . 10 Susan Galvan,Assistant City Manager
Title. Sr
APPROVED AS TO FORM:
By:
Printed Name:
Title: S/.w
Mary E. Bi ing
Senior Assistant City Attorn
NOTE: City requires the following signature(s) on behalf of Instructor:
1)the Chairman of the Board,the President or a Vice President,AND(2)the Secretary,
the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant
Treasurer. If only one corporate officer exists or one corporate officer holds more than
one corporate office,please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time
to the execution of the Agreement,must be provided to City.
3
EXHIBIT A- FEE SCHEDULE—2022-2023
Service Definition Rate
Sexual Assault Forensic Evidence collection, clothing, DNA reference $1200.00
Exam samples, blood and urine toxicology, digital
photography, medical-forensic
All ages, reported or non- documentation using state mandated
reported cases to law forms, healthcare treatment for STI
enforcement) prevention, HIV prevention and pregnancy
prevention provided at the time of the
exam.
7.1.21-CALOES REIMBURSES EACH
POLICE AGENCY$1127.00 PER EXAM
Mobile Trauma Exam A forensic exam conducted at any Orange $1400.00
County hospital in the ER or ICU when a
patient is severely injured and admitted to
that other hospital for on-going medical
care. (Requests for Mobile exams in nursing
homes and psychiatric facilities will be
conducted on a case-by-case basis.)
Dry Run Department calls out the on-call forensic 300.00
nurse to perform a case and through no
fault of FNS,the victim changes their mind,
refuses to permit the examination, does not
want the examination, or does not permit
forensic nurse to conduct the examination.
Domestic Violence/ A forensic exam focused on body injury and $600.00
Strangulation Exam (DAFE) assessment with specific written and
photographic documentation on
strangulation injury.
Testimony Expert witness testimony by the forensic 500.00/day
nurse upon receipt of subpoena form the in court on
District Attorney's office the stand