AGR-3929.M - ANAHEIM REGIONAL MEDICAL CENTER - 2020-2023 EVIDENCE COLLECTION ASSAULT VICTIMSPG.R-3 aq.M
AGREEMENT FOR EVIDENCE COLLECTION SERVICES FOR ALLEGED SEXUAL ASSAULT VICTIMS
THIS AGREEMENT FOR EVIDENCE COLLECTION SERVICES FOR ALLEGED SEXUAL ASSAULT
VICTIMS(this "AareemenY') is entered into as of May 1, 2020(the"Effective Date") between AHMC
Anaheim Regional Medical Center LP, a California limited partnership dba AHMC Anaheim Regional
Medical Center("Hospital"),and Orange Police Department(the"DepartmenY'),with respect to certain
Sexual Assault Response Team ("SART")services.
WHEREAS,the Department requires the collection of clinical evidence with respect to certain
victims of alleged sexual assault, but does not have the capability to do so;
WHEREAS, Hospital is a general acute care hospital located in Anaheim, California that maintains
a specialized area for the performing of sexual assault examinations("SART Exams");
WHEREAS,the Department desires to engage Hospital to conduct SART Exams, and Hospital is
willing to accept such engagement;
NOW,THEREFORE, in consideretion of the foregoing premises and the mutual promises set forth
herein,the parties agree as follows:
1.Hospital Responsibilities and Services.
1.1. SART Exam Room. Hospital shall provide a designated exam room for SART Exams and a
secure site for the colposcope and evidence, known as the "SART Exam Room" or the
Safe Place". Hospital shall furnish, repair, and maintain the SART Exam Room in a
manner consistent with its purposes as an examination area for SART services situated
within an acute care hospital environment.The SART Exam Room shall remain locked
when not in use by authorized SART personnel and its contents shall be organized
according to SART protocols, policies,and procedures.
1.2. Examination. Hospital agrees to provide approved SART Exams to alleged sexual assault
and rape victims for evidence, including videotaped colposcopic examination and
photographs.SART Exams will be conducted by appropriately licensed and trained
personnel competent in the use of the SART Exam equipment and the interpretation of
findings.
13. Release of Evidence. Hospital will release all evidence collected during the SART Exam,
including the videotape of the colposcopic examination and specimens, at the end of
the SART Exam in accordance with all statutes and regulations, including established
SART protocols and procedures, and Hospital will support the chain of custody.
1.4. Testimonv. Hospital agrees to provide competent testimony as requested by the
Department upon receipt of an appropriate summons or subpoena.
1.5. Hospital Rezistretion. SART Exam patients will be registered as Hospital patients in
accordance with Hospital policy for registration,in a manner that protects the privacy
and confidentiality of SART Exam patients. Hospital shall utilize a unique process at
registration for SART Exam patients to ensure that Hospital does not generate billing
statements for SART Exam patients.
1.6. Non-SART Exam Medical Care. In the event SART Exam patients require additional
treatment or services beyond the scope of the forensic medical SART Exam that is the
subject of this Agreement,the patients will be registered and treated separately from
the SART Exam and be subject to Hospital's normal procedures, including billing.
2.Rates: Invoice; Pavment. In exchange for the SART services to be provided by Hospital pursuant
to Section 1 above,the Department shall compensate Hospital as follows:
2.1. SART Exam. Eight Hundred Fifty Dollars ($850)for each SART Exam.
2.2. Dry Run. Two Hundred Dollars ($200) for each Dry Run. For purposes of this Agreement
Dry Run" means the dispatching by Hospital of a forensic nurse to conduct a SART
Exam and,through no fault of Hospital,the patient changes the patienYs mind, refuses
to permit the SART Exam, does not want the SART Exam, or does noi permit the forensic
nurse to conduct the SART Exam.
23. Testimonv. Flat fee of Three Hundred Fifty Dollars($350)for testimony.
2.4. Pavment. Hospital will invoice the Department on a monthly basis and the Department
shall remit payment to Hospital within thirty (30) days after receipt of Hospital's invoice.
3.Term;Termination.
3.1. Term. This Agreement will be for an initial term of three (3)years commencing as of the
Effective Date.The term of this Agreement may be extended, but only upon mutual
written agreement of the parties.
3.2. 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.
4.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 4 shall survive the
termination of this Agreement.
5.Confidentialiri 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. Hospital and the Department 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 and
the regulations promulgated thereunder,the California Confidentiality of Medical Information
Act, and the Confldentiality of Alcohol and Drug Abuse Patient Records regulations, all as
amended from time to time.
2
6.Anti-Referrel Laws. Nothing in this Agreement,or any other written or orel agreement, or any
consideration in connec[ion with this Agreement,contemplates or requires,or is intended to
induce, the admission or referral of any patient to or the generation of any business for Hospital
or the referral of any patient to any physician.
7.Non-Discrimination. The parties will not unlawfully discriminate against any individual based on
rece, color, religion, nationality,gender,sexual orientation, age, condition of disability,or any
other protected class.
8.Relationship Between the Parties. It is expressly understood that in the performance of this
Agreement the parties each act in an independent capacity and not as partners,joint venturers,
agents or any other relationship of a similar nature.
9.Severabilitv. The parties agree and acknowledge that if any provision of this Agreement is
determined to be illegal or unenforceable, such determination shall not affect the balance of
this Agreement, which shall remain in full force and effect and such invalid provision shall be
deemed severable.
10. Entire Aereement; Modification. This Agreement contains the entire understanding of the
parties with respect to the subject matter hereof and supersedes all prior agreements,oral or
written,and all other communications between the parties relating to such subject matter. This
Agreement may not be amended or modified except by mutual written agreement.
11. Counteraarts. This Agreement and any amendment hereto may be executed in counterparts,
and signatures exchanged by facsimile or other electronic means are effective to the same
extent as original signatures.
12. Notices. All notices hereunder shall be in writing and delivered to the party to whom such
notice is direded at the address,facsimile number or electronic mail address set forth on the
signature page hereof.
13. Non-Exclusivitv. This Agreement is not exclusive, and nothing herein shall preclude either party
from contracting with any other person or entity for any purpose.
SIGNATURE PAGE FOLLOWS]
3
SIGNATURE PAGE TO AGREEMENT FOR EVIDENCE COLLECTION SERVICES FOR ALLEGED SEXUAL
ASSAULT VICTIMS]
HOSPITAL:
AHMCANAHEIM REGIONAL MEDICAL CENTER LP
d/b/a AHMC Anaheim Regional Medical Center
BY__''E l-'S%l
Name: RobertTreutman
Title: Interim Chief Executive Officer
Address for Notices:
AHMC Anaheim Regional Medical Center
1111 W. La Palma Ave.
Anaheim,CA 92801
Attn: Robert Trautman
Fax:714.999.6027
Email:Ro6ert.trautman(ahmchealth.com
DEPARTMENT:
Oran e Police Department
BY'
Name:Thomas C. Kisela
Title:Chief of Police
Address for Notices:
1307 North Batavia Street
Oren¢e. CA 92866
By:
Name: GaryA. heatz
Title:City Attorney
4
CITY:
CITY OF ORANGE. a municival corooration
By:
N e: c Otto
itle: ty Manager
5