HomeMy WebLinkAboutC-7919-1 - Agreement for Evidence Collection Services for Alleged Sexual Assult VictimsAGREEMENT FOR EVIDENCE COLLECTION SERVICES
FOR ALLEGED SEXUAL ASSAULT VICTIMS
THIS AGREEMENT FOR EVIDENCE COLLECTION SERVICES FOR ALLEGED SEXUAL
ASSAULT VICTIMS (this "Agreement') is entered into as of May 1, 2020 (the "Effective Date")
between AHMC Anaheim Regional Medical Center LP, a California limited partnership d/b/a
AHMC Anaheim Regional Medical Center ("Hospital"), and the City of Newport Beach, a
California municipal corporation and charter city (the "City"), with respect to certain Sexual
Assault Response Team ("SART") services.
WHEREAS, the City 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 City desires to engage Hospital to conduct SART Exams, and Hospital
is willing to accept such engagement;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises setforth 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.
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1.3. 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. Testimony. Hospital agrees to provide competent testimony as requested by the
City upon receipt of an appropriate summons or subpoena.
1.5. Hospital Registration. 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: Payment. In exchange for the SART services to be provided by Hospital
pursuant to Section 1 above, the City shall compensate Hospital as follows:
2.1. Hospital's compensation for all SART services covered by this section 2
performed in accordance with this Agreement, including all reimbursable items,
shall not exceed Seventy -Five Thousand and 00/100 Dollars ($75,000.00) in
the aggregate during the Term hereof (the "Maximum Compensation Amount")
without prior written amendment to this Agreement. At such time, if any, as the
Maximum Compensation Amount shall have been reached during the Term
hereof, unless and until a prior written amendment to this Agreement increasing
such Maximum Compensation Amount shall have been entered into between the
parties, Hospital shall have no further obligation to provide any SART services to
the City hereunder.
2.2. SART Exam. City shall pay:
2.2.1 Eight Hundred Fifty and 00/100 Dollars ($850.00) for each SART Exam
performed between May 1, 2020 and April 30, 2023.
2.2.2 Dry Run. Two Hundred and 00/100 Dollars ($200.00) for each Dry Run.
For purposes of this Agreement "Dry Run" means the dispatching by
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Hospital of a forensic nurse to conduct a SART Exam and, through no fault
of Hospital, the patient changes the patient's mind, refuses to permit the
SART Exam, does not want the SART Exam, or does not permit the
forensic nurse to conduct the SART Exam.
2.2.3 Testimony. Flat fee of Three Hundred Fifty and 00/100 Dollars ($350.00)
for testimony.
2.2.4 Payment. Hospital will invoice the City on a monthly basis and the City
shall remit payment to Hospital within thirty (30) days after approval of
Hospital's invoice; provided, however, that payment shall be made by
the City to Hospital no later than sixty (60) days after the City's receipt
of an undisputed Hospital invoice.
Except as otherwise provided herein, no rate changes shall be made during the Term
of this Agreement without the prior written approval of City.
3. Term; Termination.
3.1. Term. This Agreement will be for a term of three (3) years commencing as of the
Effective Date (the "Term").
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. 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. Hospital
and the 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 and the regulations
promulgated thereunder, the California Confidentiality of Medical Information Act,
and the Confidentiality of Alcohol and Drug Abuse Patient Records regulations, all
as amended from time to time.
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6. Anti -Referral Laws. Nothing in this Agreement, or any other written or oral
agreement, or any consideration in connection 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 race, 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. Severability. 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 Agreement: 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 be modified or amended only
by a written document executed by both Hospital and City and approved as to form
by the City Attorney.
11. Counterparts. 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 directed at the address, facsimile number or electronic mail address
set forth on the signature page hereof.
13. Non -Exclusivity. This Agreement is not exclusive, and nothing herein shall preclude
either party from contracting with anyother person or entity for any purpose.
14. Compliance with all Laws. Hospital shall, at its own cost and expense, comply with all
statutes, ordinances, regulations and requirements of all governmental entities,
including federal, state, county or municipal, and any insurance required to comply with
same, whether now in force or hereinafter enacted. In addition, all SART Exams
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performed by Hospital shall conform to applicable City, county, state and federal laws,
rules, and regulations.
15. Insurance.
15.1. Hospital, at its own cost and expense, shall maintain policies of commercial
general liability insurance, professional liability, and sexual abuse/molestation
insurance with minimum coverage limits of $1,000,000 per occurrence,
$3,000,000 aggregate, and will provide evidence of such coverage to the City
upon request. Hospital, at its on cost and expense, shall also maintain Workers
Compensation coverage with waiver of subrogation and standard General
Liability endorsements. Such coverage shall not be cancelled or materially
changed without thirty (30) days' notice to the City. Hospital shall also maintain,
at its own cost and expense, any additional kinds of insurance which in its own
judgment may be necessary for its proper protection in connection with this
Agreement.
15.2. The insurance coverage provided by Hospital under this Agreement may be
afforded via commercial insurance, self-insurance, a captive, or some
combination thereof.
16. Controlling Law and Venue. The laws of the State of California shall govern this
Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
17. No Attorneys' Fees. In the event of any dispute or legal action arising under this
Agreement, the prevailing party shall not be entitled to attorneys' fees.
[SIGNATURE PAGE FOLLOWS]
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APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: _ (ol?}1Zo2o
By:
F,r,.,-Aaron C. Harp
City Attorney
D. ' O -f*—
7r6 -
By:
Leilani I. Bro
"t- AWP
City Clerk;
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HOSPITAL:
AHMC ANAHEIM REGIONAL MEDICAL CENTER LP
d/b/a AHMC Anaheim Regional Medical Center
By:
Robert Trautman
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: robe rt.trautman(a,ahmchealth.com
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:19
M
JqK0. Lewis
Chief of Police
Address for Notices:
Newport Beach Police Department
870 Santa Barbara
PO Box 7000
Newport Beach, CA 92658-7000
Attn: Lieutenant, Detective Division
Fax:
Email:
[END OF SIGNATURES]
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