HomeMy WebLinkAbout1992-029
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RESOLUTION NO.
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH WESTERN NURSE SPECIALISTS, INC., TO
3 PROVIDE EVIDENCE COLLECTION FROM RAPE VICTIMS FOR THE SAN
BERNARDINO POLICE DEPARTMENT.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
8 execute on behalf of said City an Agreement with Western Nurse
9 Specialists, Inc., to provide evidence collection from rape
10 victims for the San Bernardino Police Department. A copy of said
11 Agreement is attached hereto, marked Exhibit "A", and incorporated
12 herein by reference as fully as though set forth at length.
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SECTION 2.
The authorization to execute the above-
14 referenced Agreement is rescinded if the parties to the Agreement
15 fail to execute it within sixty (60) days of the passage of this
16 Resolution.
17 I HEREBY CERTIFY that the foregoing Resolution was duly
18 adopted by the Mayor and Common Council of the City of San
19 Bernardino at a
regular
meeting thereof, held on the
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RJM/bg [Western. Res]
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December 27, 1991
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING TRE
EXECUTION OF AN AGREEMENT WITH WESTERN NURSE SPECIALISTS, INC., TO
2 PROVIDE EVIDENCE COLLECTION FROM RAPE VICTIMS FOR THE SAN
BERNARDINO POLICE DEPARTMENT.
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4 3rd day of
5 wit:
February
, 1992, by the following vote, to
6 Council Members:
7 ESTRADA
AYES
NAYS
ABSTAIN
ABSENT
x
8 REILLY
x
9 HERNANDEZ
10 MAUDSLEY
11 MINOR
12 POPE-LUDLAM
13 MILLER
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x
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18 of
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The foregoing Resolution is hereby approved
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~w. R...Ho1qo
City 'of S,m
6th day
Fphrnary
, 1992.
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Approved as to form
and legal conten't:
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JAMES F. PENMAN,
City Attorney
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RJM/bg [Western. Res]
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December 27, 19~'1
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City of S Bdno Res. 92-29
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AGREEMENT
THIS AGREEMENT is entered into as of this 10th day
of February 1992, by and between the CITY OF SAN
BERNARDINO, A Municipal Corporation of the State of California,
(hereinafter "CITY"), and WESTERN NURSE SPECIALISTS, INC.,
(hereinafter "SPECIALIST").
RECITALS
A. WHEREAS, SPECIALIST is a health service which provides
evidence collection for law enforcement agencies; and,
B. WHEREAS, CITY desires to contract with a health service
for the purpose of evidence collection from rape victims for the
San Bernardino Police Department; and,
C. WHEREAS, SPECIALIST is willing to provide such evidence
collection for the San Bernardino Police Department; and,
D. WHEREAS, SPECIALIST has submitted a proposal to CITY,
a copy of which is attached hereto as Exhibit "A";
NOW THEREFORE, the parties hereto agree as follows:
1. Definitions.
a. As used hereinafter, the term "nurse" shall
include those who are certified in the State of California as
Registered Nurses, Licensed Vocational Nurses, Paramedics,
Phlebotomists and any and all other persons certified in the State
of California to collect evidence from a rape victim.
b. A "dry run" is when a SPECIALIST is called out for
a collection of evidence and was not able to collect such evidence
through no fault of SPECIALIST.
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RJM/bg [Western.Agr] 1 December 27, 1991
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2.
SPECIALIST agrees to provide evidence collection
in a manner consistent with its proposal, except as
provided in this Agreement. CITY agrees to use
exclusively for the services contained in this
services
otherwise
SPECIALIST
Agreement.
3. The term of this Agreement shall be for one (1) year
subj ect to termination by either party upon thirty (30) days
written notice to the other. This Agreement will automatically
renew and continue from year to year unless terminated by either
party in the manner aforesaid.
4. SPECIALIST shall make available to the San Bernardino
Police Department sufficient information to enable the San
Bernardino Police Department to contact the on-call nurse,
including, but not limited to, 24-hour on-call phone number,
address, and names of nurses, alternate or backup number, if any,
5. A Sexual Assault Response Team consisting of a
SPECIALIST nurse and a Rape Crisis Advocate will be present at the
evidence collection location to take care of the victim. The
response time of the SPECIALIST nurse will be approximately 30
minutes.
6. The location for the evidence collection services will
be San Bernardino County Medical Facility at 780 East Gilbert
Street, San Bernardino, California 92415-0935. A secondary
location will be the Rancho Lindo Hospital located at 7625 East
Avenue, Fontana, California 92336. Should it become necessary to
use another location, the CITY will be notified of an appropriate
new location selected by SPECIALIST.
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December 27, 1991
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7.
The CITY agrees to pay the following sums for the
2 following services to be billed monthly, and payment is due within
3 30 days of the billing date:
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On-Call Fee Per Month . . . . .
Rape Victim Evidence Collection
Dry Run Rape Victim . . . . . .
$600.00
$250.00
$100.00
6 SPECIALIST agrees that there shall be no price increase for
7 a one-year period, after which, fees may be increased by a
8 reasonable amount, provided that any increase will be limited to
9 the percentage increase in the Consumer Price Index for medical
10 services for the Los Angeles, Anaheim and Riverside areas.
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SPECIALIST agrees to make available on an on-call basis
12 nurses to testify in court, if needed.
Compensation for court
13 time is a matter to be negotiated between SPECIALIST and the
14 Office of the District Attorney.
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9.
SPECIALIST shall take out and maintain during the life
of this Agreement such medical malpractice, public liability and
property damage insurance naming CITY as additional insured, as
shall
insure CITY,
its elective and appointive boards,
commissions, officers, agents and employees from claims for
damages for medical malpractice, personal injury, including death,
as well as from claims for property damage which may arise from
SPECIALISTS' or its officers' agents', or employees' performance
of this Agreement, whether such performance be by SPECIALIST, its
24 officers, agents, or employees, or by anyone directly or
25 indirectly employed by SPECIALIST, its officers, agents, or
26 employees, and the amounts of such insurance shall be
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RJM/bg [Western.Agr]
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January 22, 1992
1 for medical malpractice, public liability and property damage
2 insurance in an amount not less than One Million Dollars
3 ($1,000,000) combined single limit.
4 10. SPECIALIST undertakes and agrees to defend, indemnify
5 and hold harmless the CITY and its officers, agents and employees
6 from and against all suits and causes of actions, claims, costs of
7 Ii tigation, damage or liability of any nature whatsoever, for
8 death or injury to any person, including the officers, agents and
9 employees of SPECIALIST, or damage or destruction to any property
10 of either party hereto or third persons in any manner arising by
11 reason of or incident to the performance of this Agreement.
12 This hold harmless provision shall not apply to any
13 breach of the terms of this Agreement or to any wrongful or
14 negligent acts or omissions by the City of San Bernardino Police
15 Department or their officers, agents, employees, representatives
16 and other third parties.
17 11. Any notice required by this Agreement may be given by
18 either party to the other by means of personal delivery or First-
19 Class Mail, as follows:
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AS TO CITY:
AS TO SPECIALIST:
Daniel A. Robbins
Chief of Police
SAN BERNARDINO POLICE DEPT.
466 West Fourth Street
San Bernardino, CA 92401
Faye Battiste-Otto, R.N., President
WESTERN NURSE SPECIALISTS, INC.
255 North Cie10 Road
Suite 339
Palm Springs, CA 92262
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January 22, 1992
1 IN WITNESS WHEREOF, the parties hereto have executed this
2 Agreement on the date first written herein.
3 ATTEST:
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8 Approved as to form
and legal content:
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JAMES F. PENMAN,
City Attorney
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CITY OF SAN
By:! .~/.
W. ! H lcomb, May r
City of San Bernardino
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WESTERN NURSE SPECIALISTS, INC.
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By: c CUJktJ.-Lt/ ~
Faye at iste-Otto, R.N.
PresJ.dent
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January 23, 1992
WNS PROPOSAL FOR PHYSICAL EVIDENCE COLLECTION
FROM RAPE VICTIMS
Western Nurse Specialists, Inc. proposes to supply R.N.'s 24
hours per day, seven days per week for the purpose of
collecting the physical evidence from the sexually assaulted
victim. The primary location for this evidence collection
will be the Rancho Lindo Hospital at 7625 East Avenue,
Fontana. A back-up facility for injured victims will be
available. The evidence shall be collected in accordance
with the requirements of the Sheriff's Crime Lab and the
California Medical Protocol for Examination of Sexual
Assault Victims (OCJP). The response time of the nurse to
the evidence collection location will be 30 minutes. Upon
arrival of the victim and the law enforcement officer, a
team (the nurse and the rape crises advocate) will be ready
to immediately take care of the victim. The evidence
collection procedure will begin immediately, taking
approximately three hours to complete.
OBJECTIVES:
1. To work as a team with law enforcement agencies, medical
facilities, rape crises advocates, support services and the
District Attorney's Office to collect and preserve evidence
from sexually assaulted victims in a professional manner so
that sexual offenders will be prosecuted and convicted.
2. To reduce officer down time by eliminating the many
wasted hours officers now experience at the hospital
emergency rooms.
3. To provide a more efficient, trauma free and helpful
experience for the victim to promote better cooperation of
the victim in the investigative process and to encourage the
reporting of rapes.
PRICE FOR WNS SERVICES:
1. On-Call Fees
There will be a charge to the law enforcement agency of
$600.00 per month for a 24 hour per day on-call nurse.
2. Evidence Collection Fee
There will be a charge to the law enforcement agency of
$250.00 per rape victim for the physical evidence
collection. The dry run charge is $100.00.
1/6/92
Exhibit "ft' ~ 10+ J.
3. Court Time Fee
The charge to the District Attorney's Office for the nurse's
court time will be $75.00 per hour.
4. Facility Fee
There will be no charge for the use of the Rancho Lindo
Hospital Examination Facility.
5. Laboratory Fees
There will be no charge to the law enforcement agency for
laboratory fees.
BILLING
Billing of all fees will be done on a monthly basis.
ADVANTAGES OF WNS PROGRAM:
1. Eliminates hospital hunting by law enforcement agencies
to find a hospital willing to perform the evidence
collection.
2. Reduces law enforcement agency downtime waiting at
hospital emergency rooms.
3. Eliminates additional unnecessary trauma to the victim
caused by unnecessary waiting, exposure and public contact
at the hospital, etc.
4. Quicker, more efficient and reliable evidence collection
that will ensure the District Attorney better evidence for
prosecution and conviction of the suspect.
5. Ready availability of WNS nurses for court testimony at
rate much lower than charged by physicians.
6. Eliminates the law enforcement agency's responsibility
to provide transportation home for the victim after the
evidence collection has been completed.
7. WNS has developed expertise in rape evidence collection
by performing evidence collection from the suspect at jail
facilities for the past eight years.
1/6/92
Exh',bit "A" Ps ~6\- ~