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Home My WebLink AboutAGR-7271 - FORENSIC NURSING SPECIALISTS INC - FORENSIC EXAMINATION SERVICES AGREEMENT - FY 2022A R7a71 FORENSIC EXAMINATION SERVICES AGREEMENT THIS FORENSIC EXAMINATION SERVICES AGREEMENT (the "AgreemenY') is made at Orange, Califomia, on this l day of OG.-{-v e. r , 2021 (the "Effective Date") by and between the CITY OF ORANGE, a municipal corporation ("City") through its Police Department, and FORENSIC NURSING SPECIALISTS, 1NC., 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 vaining and expertise in the forensic examination services and City desires to eontract 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 Serviccs")to City: I.1. Examination. Contractor agrees to provide City ith approved forensic- medical e:ams 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 Califomia 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 Sunnlies. Contractor will provide all equipment and supplies to conduct all services listed in Exhibit"A." 1.4. Testimonv. 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. 2.1. Rate Adjustment. 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 advance written notice of any increase or adjustment to rates. 3. Pa,ent. 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. This Agreement shall be for a term of one year, commencing on the Effective Date and expiring on the first anniversary thereof (the "Initial Term"). This Agreement shall be renewable only upon the mutual written agreement of both parties hereto (each, a "Renewal Term" and together with the Initial Term, the"Term"). 4.1. Termination. Either party may terminate this Agreement without cause at any time during the Term of this Agreement 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. 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. 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 2 or where the patient expressly approves such disclosure. Contractor and City shall comply with all federal and state ta s 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 daes not discriminate in hiring or treatment on the basis of race,color,creed, religion,sex, se ual orientation, age, mental status, national origin, ancesVy, physical handicap or medical condition or any other basis prohibited by applicable law. 9. Non-Exclusivitv. This Agreement is not exclusive, and nothing herein shall preclude either party from contractin with any other person or entity for any purpose. 10. Notices. Any notices required or desired to be given undcr 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. CONTRACTUR" CITY" FORENSIC NURSING SPECIALISTS, INC., CITY OF ORANGE,a municipal corporation a Califomia corporation doing business as FORENS[C NURSE SPECIALISTS, INC. 1n - By: . J' V(1 By i,sk-8 e,City Manager Gl d`ri- Oo N C {AF.a-t j/ kvt+rvG, Printed Name: a w Title: v^S a 1n.'"' APPROVED AS TO FORM: By. Printed Name: Title: Mary E. inning Senior Assistant City Attorn NOTE: The City requires the fallowing signature(s)on behalf of the Contractor: 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 oni one corporate officer exists or one corporate offieer holds more than one corporate offce,please so indicate.UR The corporate officer n med in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Seeretary close in time to the execution of the Agreement, must be pravided to the City. 3 EXHIBIT A FEE SCHEDULE AND SERVICES -2021 Service Definition Rate Sexual Assault Forensic Evidence collection, clothing,DNA reference $1000 Exam samples,blood and urine toxicology, digital photography,medical-forensic documentation All ages,reported or non- using state mandated forms, healthcare reported cases to law treatment for STI prevention,HIV prevention enforcement) and pregnancy prevention provided at the time of the exam. Mobile Trauma Exam A forensic exam conducted at any Orange 1200 County hospital in the ER or ICU when a patient is severely injured and admitted to that 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 City calls the on-call forensic nurse to perfortn $300 an exam and through no fault of FNS,the victim changes his/her 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 $500 Strangulation Exam assessment with specific written and photographic documentation on strangulation injury. Testimony Expert witness testimony by the forensic nurse $400/day upon receipt of subpoena form the District in court Attorney's office 4