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```'-°���'''- J u ne 11, 2019
TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager /
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FROM: Thomas C. Kisel Chief of Police �
REVIEW: City Mana r Finance �/��
1. SUBJECT
Agreement with California Forensic Phlebotomy, Inc. for evidence collection services.
2. SUMMARY
California Forensic Phlebotomy, Inc. collects evidentiary blood samples, transports the
collection of evidence to the Orange County Crime Lab, and provides court testimony for
the Orange Police Department. This agreement allows for the continuation of services for
Fiscal Year 2019-2020.
3. RECOMMENDED ACTION
Approve agreement with California Forensic Phlebotomy, Inc. in an amount not to exceed
$90,000 for evidence collection services, and authorize the Mayor and City Clerk to
execute on behalf of the City.
4. FISCAL IMPACT
The total expenditure for this agreement is $90,000 and will be funded upon adoption of
the proposed Fiscal Year 2019-2020 budget through General Fund (100).
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community _
a: Provide staffing and resources to deliver services that ensure public safety.
6. DISCUSSION AND BACKGROUND
Unlawful offenses involving alcohol and drugs, pursuant to the guidelines established
under the California Vehicle Code, may require the collection of evidence samples. When
required, evidentiary samples must be collected by a certified phlebotomy technician,
licensed physician, nurse or other individual authorized by Vehicle Code Section 23158.
Once collected, samples are taken to the Orange County Crime Lab (OCCL) for
processing. Proper operating procedures have been established for the withdrawal,
ITEM �g � 06/11/2019
handling, and preservation of evidentiary samples and may be found in the Orange Police
Department Policy Manual, Policy No. 505.
Since 1989, the Orange Police Department has been contracting with California Forensic
Phlebotomy, Inc. (CFP) for the collection of evidence of criminal offenses involving
alcohol and drugs. CFP collects samples, transports evidence to OCCL, and provides
court testimony for the Police Department. In addition, CFP operates 24 hours a day,
seven days a week, retains highly skilled medical professionals, and maintains a proper
chain of possession. CFP provides the same services to Orange County law enforcement
agencies including the Sheriff's Department and California Highway Patrol.
Based on their high level of service, the Police Department is requesting the continuation
of evidence collection services with CFP for a total not to exceed amount of $90,000.
7. ATTACHMENT
• Agreement with California Forensic Phlebotomy, Inc.
ITEM 2 06/11/2019
CONSULTANT SERVICES AGREEMENT
THIS CONSULTANT SERVICE5 AGREEMENT (the "Agreement") is made at
Orange, California, on this day of , 2019 (the "Effective Date") by and
between the CITY OF ORANGE, a municipal corporation ("City"), and CALIFORNIA
FORENSIC PHLEBOTOMY, INCORPOR.ATED, a California corporation ("Consultant"), who
agree as follows:
1. Services.
a. Subject to the terms and conditions set forth in this Agreement, upon the
request of the City, Consultant shall perform to the reasonable satisfaction of City, the following
services: take and analyze blood samples; conduct and analyze breath tests; transport urine �
samples; appear in court or elsewhere at the request of City to discuss or testify regarding the
taking of samples, tests made, transportation of samples and results thereof. As a material
inducement to City to enter into this Agreement, Consultant represents and warrants that it has
thoroughly investigated and considered the scope of services and fully understands the difficulties
and restrictions in performing the work. Consultant represents that it is experienced in performing
� the work and will follow the highest professional standards in performance of the work. The terms
and conditions set forth in this Agreement shall control over any terms and conditions to the
contrary.
b. All services provided shall conform to all federal, state and local laws,rules
and regulations and to the best professional standards and practices. In particular, all tests shall be
conducted in accordance with the direction and procedures prescribed by the Orange County
Sheriff's Department, Forensic Science Services Division.
c. Consultant shall not perform services for other public entities or individuals
under circumstances in which a possibility exists that Consultant shall be required to provide
testimony as to conduct, analysis, and result of such test in opposition to the same or similar tests
conducted by it on behalf of City.
d. Consultant agrees to provide employee or employees who shall remain
available on an on-call basis at all times, and agrees that such employees shall conduct such tests
called for under this Agreement and respond to any Orange County location as City may request.
Services hereunder shall be performed only by employees of Consultant approved as acceptable
to City and City may refuse to permit tests to be performed or conducted by an employee of
Consultant considered by City its sole discretion to be unacceptable;provided that it is understood
by the parties that clerical and other nonprofessional work may be performed by other employees
of Consultant.
2. Compensation and Fees.
a. Consultant's total compensation for all services performed under this
Agreement, shall not exceed NINETY THOUSAND DOLLARS and 00/100($90,000.00)without
the prior written authorization of City. '
b. Consultant's fee shall be ONE HUNDRED SEVEN and 64/100 DOLLARS
($107.64)per test/sample or dry run.
(1) For blood tests—the taking of blood sample and its transportation to
the Orange County Sheriff Crime Laboratory;
(2) For breath tests—the conducting of a breath test;
(3) For urine samples—the transportation of a urine sample to the
Orange County Sheriff Crime Laboratory;
(4) In relation to (1) through (3) above— any discussion and testimony
in court as set forth in Section l.a. is included in the fee per
test/sample.
c. The above fee shall include all costs, including, but not limited to, all
clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental,
subsistence and all related expenses.
3. Pavment.
a. As scheduled services are completed, Consultant shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work actually
performed or incurred.
b. All such invoices shall state the basis for the amount invoiced, including
services completed,the number of hours spent and any extra work performed.
c. City will pay Consultant the amount invoiced within thiriy(30) days after
the approval of the invoice.
d. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice. Payment schedules shall not apply to the
payment of invoices which are reasonably in dispute.
4. Change Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefor have been previously authorized in writing and approved by the City Manager
or his designee as an amendment to this Agreement. The amendment shall set forth the changes
of work, extension of time for preparation and adjustment of the fee to be paid by City to
Consultant.
5. Licenses. Consultant represents that it and any subcontractors it may engage,
possess any and all licenses which are required under state or federal law to perform the work
contemplated by this Agreement and that Consultant and its subcontractors shall maintain all
appropriate licenses, including a City of Orange business license, at its cost, during the
performance of this Agreement.
6. Independent Contractor. At all times during the term of this Agreement,
Consultant shall be an independent contractor and not an employee of City. City shall have the
right to control Consultant only insofar as the result of Consultant's services rendered pursuant to
this Agreement. City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Consultant shall, at its sole cost and
expense, furnish all facilities, materials and equipment which may be required for furnishing
services pursuant to this Agreement. Consultant shall be solely responsible for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
subcontractors, agents and employees,including compliance with social security,withholding and
all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Consultant acknowledges that Consultant and any subcontractors, agents or employees employed
by Consultant shall not,under any circumstances, be considered employees of City, and that they
shall not be entitled to any of the benefits or rights afforded employees of City, including,but not
limited to, sick leave,vacation leave, holiday pay, Public Employees Retirement System benefits,
or health, life, dental, long-term disability or workers' compensation insurance benefits.
7. Consultant Not Agent. Except as City may specify in writing, Consultant shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, to bind City to any obligation
whatsoever.
8. Designated Persons. Except as otherwise authorized by City's Project Manager,
only those persons appropriately qualified, shall perform work provided for under this Agreement.
It is understood by the parties that clerical and other nonprofessional work may be performed by
persons other than those designated.
9. Assi�nment or Subcontracting. No assignment or subcontracting by Consultant
of any part of this Agreement or of funds to be received under this Agreement shall be of any force
or effect unless the assignment has had the prior written approval of City. City may terminate this
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved by the City Manager or his designee.
10. Time of Completion. Consultant agrees to commence the work provided for in
this Agreement immediately upon the Effective Date of this Agreement and to diligently prosecute
completion of the work in accordance with the time period agreed to by and between the
representatives of the parties.
11. Time Is of the Essence. Time is of the essence in this Agreement. Consultant
shall do all things necessary and incidental to the prosecution of Consultant's work.
12. Reserved.
13. Reserved.
14. Products of Consultant. The documents, studies, reports, plans, citations,
materials, manuals and other products produced or provided by Consultant for this Agreement
shall become the property of City upon receipt. Consultant shall deliver all such products to City
prior to payment for same. City may use, reuse or otherwise utilize such products without
restriction.
15. Equal Emplovment Opportunity. During the performance of this Agreement,
Consultant agrees as follows:
a. Consultant shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, mental or physical disability, or
any other basis prohibited by applicable law. Consultant shall ensure that applicants are employed
and that employees are treated during employment, without regard to their race, color, religion,
sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include,but not be limited to the following: employment,upgrading, demotion
or transfer,recruitment or recruitment advertising,layoff or termination,rates of pay or other forms
of compensation and selection for training, including apprenticeship. Consultant agrees to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Consultant shall, in all solicitations and advertisements for employees
placed by, or on behalf of Consultant, state that all qualified applicants will receive consideration
for employment without regard for race, color, religion, sex, national origin, mental or physical
disability, or any other basis prohibited by applicable law.
c. Consultant shall cause the foregoing paragraphs (a)and(b)to be inserted in
all subcontracts for any work covered by this Agreement, provided that the foregoing provisions
shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Consultant agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a consultant to influence any decision of City
in which Consultant knows or has reason to know that Consultant, its o�cers, partners, or
employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnity.
� a. To the fullest extent permitted by law, Consultant agrees to indemnify,
defend and hold City, its City Cottncil and each member thereof, and the officers, employees and
representatives of City(herein referred to collectively as the"Indemnitees")entirely harmless from
all liability arising out of:
(1) Any and all claims under workers' compensation acts and other employee
benefit acts with respect to Consultant's employees or Consultant's contractor's
employees arising out of Consultant's work under this Agreement; and
(2) Any claim, loss, injury to or death of persons or damage to property caused
by any act, neglect, default, or omission other than a professional act or omission
of the Consultant,or person,firm or corporation employed by the Consultant,either
directly or by independent contract, including all damages due to loss or theft
sustained by any person, firm or corporation including the Indemnitees, or any of
them, arising out of, or in any way connected with the work or services which are
the subject of this Agreement, including injury or damage either on or off City's
property; but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of City. The Consultant, at Consultant's own
expense, cost and risk, shall indemnify any and all claims, actions, suits or other
proceedings that may be brought or instituted against the Indemnitees on any such
claim or liability covered by this subparagraph, and shall pay or satisfy any
judgment that may be rendered against the Indemnitees, or any of them, in any
action, suit or other proceedings as a result of coverage under this subparagraph.
b. To the fullest extent permitted by law, Consultant agrees to indemnify and
hold Indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or
death of persons or damage to property caused by the negligent professional act or omission in the
performance of professional services pursuant to this Agreement.
c. Except for the Indemnitees, the indemnifications provided in this
Agreement shall not be construed to extend any third party indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement.
d. The indemni�ies set forth in this section shall survive any closing,
rescission, or termination of this Agreement, and shall continue to be binding and in full force and
effect in perpetuity with respect to Consultant and its successors.
18. Insurance.
a. Consultant shall carry workers' compensation insurance as required by law
for the protection of its employees during the progress of the work. Consultant understands that it
is an independent contractor and not entitled to any workers' compensation benefits under any
City program.
b. Consultant shall maintain during the life of this Agreement the following
minimum amount of comprehensive general liability insurance or commercial general liability
insurance: the greater of(1) a combined single limit of One Million Dollars ($1,000,000); or (2)
all the insurance coverage and/or limits carried by or available to Consultant. Said insurance shall
cover bodily injury, death and property damage and be written on an occurrence basis.
c. Consultant shall maintain during the life of this Agreement, the following
minimum amount of automotive liability insurance: the greater of(1) a combined single limit of
One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or
available to Consultant. Said insurance shall cover bodily injury, death and property damage for
all owned,non-owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required
coverage and/or minimum required limits, which are applicable to a given loss, shall be available
to City. No representation is made that the minimum insurance requirements of this Agreement
are sufficient to cover the obligations of Consultant under this Agreement.
e. Each policy of general liability and automotive liability shall provide that
City, its officers, agents, and employees are declared to be additional insureds under the terms of
the policy, but only with respect to the work performed by Consultant under this Agreement. A
policy endorsement to that effect shall be provided to City along with the certificate of insurance,
which endorsement shall be on Insurance Services Office, Inc. Form CG 20 10 10 O1. 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. The minimum coverage required by subsection b and c,
above, shall apply to City as an additional insured.
f. Consultant shall maintain during the life of this Agreement professional
liability insurance covering errors and omissions arising out of the performance of this Agreement
with a combined single limit of One Million Dollars ($1,000,000). Consultant agrees to keep such
policy in force and effect for at least five(5)years from the date of completion of this Agreement.
g. The insurance policies maintained by Consultant shall be primary insurance
and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Consultant will determine its own needs in procurement of insurance to cover liabilities other than
as stated above.
h. Before Consultant performs any work or prepares or delivers any materials,
Consultant shall furnish certificates of insurance and endorsements, as required by City,
evidencing the aforementioned general liability, automotive and professional liability insurance
coverages on forms acceptable to City, which shall provide that the insurance in force will not be
canceled or allowed to lapse without at least ten (10)days' prior written notice to City.
i. Except for professional liability insurance coverage that may be required by
this Agreement, all insurance maintained by Consultant shall be issued by companies admitted to
conduct the pertinent line of insurance business in the State of California and having a rating of
Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide. In the
case of professional liability insurance coverage, such coverage shall be issued by companies
either licensed or admitted to conduct business in the State of California so long as such insurer
possesses the aforementioned Best's rating.
j. Consultant shall immediately notify City if any required insurance lapses or
is otherwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case, City may procure insurance or self insure the risk and charge Consultant for such
costs and any and all damages resulting therefrom, by way of set-off from any sums owed
Consultant.
k. Consultant agrees that in the event of loss due to any of the perils for which
it has agreed to provide insurance, Consultant shall look solely to its insurance for recovery.
Consultant hereby grants to City, on behalf of any insurer providing insurance to either the
Consultant or to City with respect to the services of Consultant herein, a waiver of any right to
subrogation which any such insurer of said Consultant may acquire against City by virtue of the
payment of any loss under such insurance.
1. Consultant shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor to City for
review and approval. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
19. Termination. City may for any reason terminate this Agreement by giving the
Consultant not less than five (5) days' written notice of intent to terminate. Upon receipt of such
notice, the Consultant shall immediately cease work, unless the notice from City provides
otherwise. Upon the termination of this Agreement, City shall pay Consultant for services
satisfactorily provided and all allowable reimbursements incurred to the date of termination in
compliance with this Agreement,unless termination by City shall be for cause,in which event City
may withhold any disputed compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted
accounting principles, Consultant and its subcontractors shall maintain reasonably full and
complete books, documents, papers, accounting records, and other information (collectively, the
"records")pertaining to the costs of and completion of services performed under this Agreement.
City and any of their authorized representatives shall have access to and the right to audit and
reproduce any of Consultant's records regarding the services provided under this Agreement.
Consultant shall maintain all such records for a period of at least three (3) years after termination
or completion of this Agreement. Consultant agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three(3)days'notice from
City, and copies thereof shall be furnished if requested.
21. Compliance with all Laws/Immigration Laws.
a. Consultant shall be knowledgeable of and comply with all local, state and
federal laws which may apply to the performance of this Agreement.
b. Consultant represents and warrants that Consultant:
(1) Has complied and shall at all times during the term of this Agreement
comply, in all respects, with all immigration laws, regulations, statutes, rules,
codes, and orders, including, without limitation, the Immigration Reform and
Control Act of 1986 (IRCA); and
(2) Has not and will not knowingly employ any individual to perform services
under this Agreement who is ineligible to work in the United States or under the
terms of this Agreement; and
(3) Has properly maintained, and shall at all times during the term of this
Agreement properly maintain, all related employment documentation records
including, without limitation, the completion and maintenance of the Form I-9 for
each of Consultant's employees; and
(4) Has responded, and shall at all times during the term of this Agreement
respond, in a timely fashion to any government inspection requests relating to
immigration law compliance and/or Form I-9 compliance and/or worksite
enforcement by the Department of Homeland Security, the Department of Labor,
or the Social Security Administration.
c. Consultant shall require all subcontractors or sub-consultants to make the
same representations and warranties as set forth in Subsection 21.b.
� d. Consultant shall, upon request of City, provide a list of all employees
working under this Agreement and shall provide,to the reasonable satisfaction of City,verification
that all such employees are eligible to work in the United States. All costs associated with such
verification shall be borne by the Consultant. Once such request has been made, Consultant may
not change employees working under this Agreement without written notice to City, accompanied
by the verification required herein for such employees.
e. Consultant shall require all subcontractors or sub-consultants to make the
same verification as set forth in Subsection 21.d.
f. Any Consultant, subcontractor or sub-consultant who knowingly employs
an employee providing work under this Agreement who is not authorized to work in the United
States, andlor fails to follow federal laws to determine the status of such employee shall constitute
a material breach of this Agreement and may be cause for immediate termination of this Agreement
by City.
g. The Consultant agrees to indemnify and hold City, its officials, and
employees harmless for, of and from any loss, including but not limited to fines, penalties and
corrective measures, City may sustain by reason of the Consultant's failure to comply with said
laws, rules and regulations in connection with the performance of this Agreement.
22. Governing Law and Venue. This Agreement shall be construed in accordance
with and governed by the laws of the State of California and Consultant agrees to submit to the
jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in
Orange County, California.
23. Inte�ration. This Agreement constitutes the entire agreement of the parties. No
other agreement,oral or written,pertaining to the work to be performed under this Agreement shall
be of any force or effect unless it is�in writing and signed by both parties. Any work performed
which is inconsistent with or in violation of the provisions of this Agreement shall not be
compensated.
24. Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally or by first class mail, postage prepaid, to
each pariy at the address listed below. Either party may change the notice address by notifying
the other party in writing. Notices may be sent by either e-mail or U.Sr. Mail. Notices shall be
deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail,
whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail
transmission.
"CONSULTANT" "CITY"
California Forensic Phlebotomy, Incorporated City of Orange
5753 E. Santa Ana Canyon Road, Suite G-553 300 E. Chapman Avenue
Anaheim Hills, CA 92807 Orange, CA 92866-1591
Attn.: Melissa L. Vega Attn.: Eric Rosauer
Telephone No.: 714-501-7128 Telephone No.: 714-744-7467
E-Mail: mvega@californiaforensicphlebotomy.com E-Mail: erosauer@orangepd.org
25. Counterparts. This Agreement may be executed in one or more counterparts,each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as
original signatures.
[Remainder of page intentionally left blank;signatures on next pageJ
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
"CONSULTANT" "CITY"
CALIFORNIA FORENSIC PHLEBOTOMY, CITY OF ORANGE, a municipal corporation
INCORPORATED, a California corporation
*By: By:
Printed Name: Mark A. Murphy, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary E. Binning, Sr. Assistant City Attorney
*NOTE: City requires the following signature(s) on behalf of the Consultant:
-- (1) the Chairman of the Board, the President or a Vice President, AND (2) the
Secretaty, 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 Secretaty
close in time to the execution of the Agreement, must be provided to City.
5753 E. Santa Ana Cyn Rd. Suite G-553
Anaheim Hilis, CA 92807
24 Hour Technician Response (714) 529-0515
Administration (949) 309-2459
�alif�rraia For�nsic I�hlebo#orr�y, �nc. Fax (949} 203-2133
rvega @Californiaforensicphlebotomy.com
April 5, 2019
City of Orange
Police Department
1107 N. Batavia Street
Orange, CA 92867
Attention: Hilda Montoya, Administrative Analyst
Dear Hilda,
It was a pleasure speaking to you this week. As requested, this will serve
as "Exhibit A"for purposes of preparing the Consuftant Services Agreement
for FY 19-20 between California Forensic Phlebotomy and the City of
Orange.
We wish to take this opportunity to thank you for allowing California Forensic
Phlebotomy Incorporated to continue serving the City of Orange Police
Department as it has for the past 37 years. We look forward to the
continuation of providing you with our Blood Technician Services during the
coming years.
There will be no change in the existing rate of$107.64 per request. All
other terms and conditions of the existing agreement will remain the same.
Please note, we have moved from the Ladera Ranch location and our new
mailing address is:
5753 E. Santa Ana Cyn Road
Suite G-553
Anaheim Hills, CA 92807
If you s have any questions, please feel free to contact either of us.
Sinc rely,
lis L. Vega Rob J. V
President C '�f Operating Officer �
(714) 501-7128 (714) 783-8519