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