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HomeMy WebLinkAboutC-4602 - 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 v Victims is made and entered into as of the 1st day of July, 2012 (the "Effective Date "), by and between AHMC Anaheim Regional Medical Center ( "ARMC ") and Newport Beach Police Department (the "Department'), with respect to the following: WHEREAS, Department requires the collection of clinical evidence with respect to certain victims of alleged sexual assault; WHEREAS, Department does not have the capability to collect the aforesaid clinical evidence internally; WHEREAS, ARMC has ability to collect clinical evidence and Department desires to purchase said services from ARMC; NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree as follows: 1. Services. ARMC agrees to provide the following services (collectively, the "Services ") to the Department: 1.1. Examination. ARMC agrees to provide the Department approved medical exams to alleged sexual assault and rape victims for evidence. The exam is to include videotaped colposcopic examination and photographs. The colposcopic examination will be conducted by medical personnel who are competent in the use of the equipment and the interpretation of the findings. 1.2. Testimony. ARMC agrees to provide competent court testimony as requested by the Department (upon receipt of summons or subpoena). 1.3. Evidence. All evidence collected during the examination, including the videotape of the colposcopic examination, will be relinquished at the conclusion of that examination. Photographs will be available upon request by Department investigators. 1.4. Access by Department. ARMC agrees to make results of and evidence from examination available to Department personnel at any time subsequent to the date of examination upon request of summons or subpoena. 2. Compensation. In exchange for the Services to be provided by ARMC pursuant to Section 1, above, Department shall compensate ARMC as follows: 2.1. Examination. Seven Hundred Fifty Dollars ($750) for each examination of an alleged victim. 2.2. Dry Run. Two Hundred Dollars ($200) for each "Dry Run." For purposes of this Agreement, "Dry Run" means the dispatching by ARMC of a forensic nurse to perform a case and through no fault of ARMC's, the victim changes his or her mind, refuses to permit the examination, does not want the examination, or does not permit ARMC's forensic nurse to conduct the examination. 2.3. Rate Adjustment. Department acknowledges and agrees that ARMC is entitled to adjust the rates set forth in this Section 2 of the Agreement when the subcontracted forensic nurses increase their rates charged to ARMC. Said adjusted rate shall be for no more than is required to cover the increase in the subcontracted rate. ARMC shall use commercially reasonable efforts to give Department at least thirty (30) days advance written notice of any increase or adjustment to rates in accordance herewith. 2.4. In no event shall the total compensation under this agreement exceed Seventy -Five Thousand Dollars ($75,000). 3. Payment. ARMC shall invoice Department monthly for all Services performed in each previous month. Department shall remit payment to ARMC within thirty (30) days of receipt of an invoice. 4. Term. This Agreement shall be for a term of two (2) years, commencing on the Effective Date and expiring on the second 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"). 5. By signing this Agreement, ARMC 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. 6. This Agreement is not meant to prohibit the Department from utilizing the services of other hospitals. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. AHMC ANAHEIM REGIONAL MEDICAL CENTER, LP, a Iforni limited partnership, do' usi s as AHMC AN Im ION MEDICAL N L � f'r� �� -A,r C-' L". Pori. BEACH POLICE DEPARTMENT ("DEPARTMENT") By Name: C,0 A,' Name: I� A) Lo P_N Com. _ Title Title: (c. C) Cvk\F_f of POLAR APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: C Aaron C. Harp City Attorney ATTEST: Date: By: D4M� 4� Ok, Leilani I. Brown City Clerk [END OF SIGNATURES] AGREEMENT FOR EVIDENCE COLLECTION SERVICES FOR SEXUAL ASSAULT VICTIMS This Agreement for Evidence Collection Services for Sexual Assault Victims is made and entered into as of the 1st day of July, 2010 (the "Effective Date "), by and between AHMC Anaheim Regional Medical Center ( "ARMC ") and Newport Beach Police Department (the "Department"), with respect to the following: WHEREAS, Department requires the collection of forensic evidence with respect to certain victims of sexual assault; WHEREAS, Department does not have the capability to collect the aforesaid forensic evidence internally; WHEREAS, ARMC has ability to collect forensic evidence and Department desires to purchase said services from ARMC; NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree as follows: 1. Services. ARMC agrees to provide the following services (collectively, the "Services ") to the Department: 1.1. Examination. ARMC agrees to provide the Department approved forensic - medical exams to sexual assault victims for evidence. The exam is to include digital imaging of injuries and physical findings. The forensic examination will be conducted by medical personnel who are competent in the use of the equipment and the interpretation of the findings. 1.2. Testimony. ARMC agrees to provide competent court testimony as requested by the Department (upon receipt of summons or subpoena). 1.3. Evidence. All evidence collected during the examination, will be relinquished at the conclusion of that examination. Digital photographs will be available upon request by Department investigators. 2. Compensation. In exchange for the Services to be provided by ARMC pursuant to Section 1, above, Department shall compensate ARMC as follows: 2.1. Examination. Seven Hundred Fifty Dollars ($750) for each examination. 2.2. Dry Run. Two Hundred Dollars ($200) for each "Dry Run." For purposes of this Agreement, "Dry Run" means the dispatching by ARMC of a forensic nurse to perform a case and through no fault of ARMC's, the victim changes his or her mind, refuses to permit the examination, does not want the examination, or does not permit ARMC's forensic nurse to conduct the examination. 2.3. Rate Adjustment. Department acknowledges and agrees that ARMC is entitled to ad�h st the rates set forth in this Section 2 of the Agreement at-�Ap c aog-tl o�ac (ee'subcontracted forensic nurses increase their rates charged to ARMC. Said adjusted rate shall be for no more than is required to cover the increase in the subcontracted rate. ARMC shall use commercially reasonable efforts to give Department at least thirty (30) days advance written notice of any increase or adjustment to rates in accordance herewith. P—ment. ARMC shall invoice Department monthly for all Services performed in each previous month. thirty (30) days of receipt of an invoice. Department shall remit payment to ARMC within 4. Term. This Agreement shall be for a term of two (2) years, commencing on the Effective Date and expiring on the second 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"). 5. By signing this Agreement, ARMC 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. 6. This Agreement is not meant to prohibit the Department from utilizing the services of other hospitals. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. AHMC ANAHEIM REGIONAL MEDICAL CENTER, LP, a California limited partnership, doing business as AHMC ANAHEIM REGIONAL MEDICAL CENTER ("ARMC") By: Name: � �. ,%7 ua A Title: - 0 NEWPORT BEACH POLI CE DEPARTMENT ("DEPARTMENT") --- By (I 62 - Name: 1 Title: APPROVED AS TO FORM: ,Z— st);ity AttomeV Leilani Brown, City Clerk Sex Crimes Unit Newport Beach Police Department 870 Santa Barbara P.O. Box 7000 Newport Beach, CA 92658 -7000 JUL 15 2010 The Sexual Assault Agreement contract between Newport Beach Police Department and AHMC Anaheim Regional Medical Center recently sent to you has been amended. Negotiations with our forensic nurse subcontractor have resulted in a new two year contract with a much lower rate increase being passed along to law enforcement agencies. Please review and sign the "Agreement for Evidence Collection Services for Sexual Assault Victims ". After signing the agreements, please retain one for your records and return the other using the self addressed envelope, which is included. At AHMC Anaheim Regional Medical Center, we remain committed to working with local organizations and law enforcement in providing sexual assault examination services. If you have any questions about the agreement renewal or about The Safe Place services, please contact me directly. Sincerely yours, ,J" "Dutch" Brenenstall, RN Director, Emergency Services (714) 999 -6191 FAX (714) 999 -5291 Email: Jean.Brenenstall @ahmchealth.com �Gt -PO IJko 1111 West La Palma Avenue • Anaheim, CA 92801 -2881 m Phone: 714- 774 -1450