HomeMy WebLinkAbout1990-441
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RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH WESTERN NURSE SPECIALISTS, INC. TO
PROVIDE EVIDENCE COLLECTION FOR THE SAN BERNARDINO POLICE
DEPARTMENT
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
execute on behalf of said City an Agreement with Western Nurse
Specialists, Inc. to provide evidence collection for the San
Bernardino Police Department.
A copy of said Agreement is
attached hereto, marked Exhibit "A", and incorporated herein by
reference as fully as though set forth at length.
SECTION 2. The authorization to execute the
above-referenced agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a ~aA
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meeting thereof, held on the
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JNM:ms/specia1ist.res 1
October 17, 1990
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH WESTERN NURSE SPECIALISTS, INC.
TO PROVIDE EVIDENCE COLLECTION FOR THE SAN BERNARDINO POLICE
DEPARTMENT
5flv day of '1f~
, 1990, by the following vote, to
wit:
Council Members: AYES NAYS ABSTAIN
ESTRADA V
REILLY V
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FLORES /'
MAUDSLEY .,.,.--
MINOR V--
POPE-LUDLAM ~
MILLER ~
Ci~~ ~
The foregoing resolution is hereby approved this (P.a.. day
17 of yt~1990.
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Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
BY:
,dlA
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October 17, 1990
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AGREEMENT
THIS AGREEMENT is entered into as of this
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day of
1990, 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 for the San
Bernardino Police Department; and,
C.
WHEREAS, SPECIALIST is willing to provide such
evidence collection for the San Bernardino Police Department;
NOW THEREFORE, the parties hereto agree as follows:
1. The CITY agrees to pay the following sums for the
following services to be billed monthly, and payment is due
within 30 days of the billing date:
Blood Withdrawal. . . . .. .....
Dry Run (Blood Withdrawal) .....
Court Time Blood Withdrawal (Per Hour)
Urine Sample Collection .. ...
Taser Dart Removal . . . . . . . . . .
Court Time Taser Removal (Per Hour) . .
Collection of Evidence from Rape Suspect.
Court Time Rape Suspect (Per Hour)
$ 30.00
$ 20.00
$ 25.00
$ 30.00
$ 95.00
$ 40.00
$140.00
$ 40.00
24 SPECIALIST agrees that there shall be no price increase for
25 the term of this Agreement.
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A dry run is when a SPECIALIST is called out for a
27 collection of evidence and was not able to collect such evidence
28 through no fault of SPECIALIST.
JNM:ms/specia1ist.agr
October 17, 1990
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2.
CITY agrees to use SPECIALIST exclusively for the
services contained in this Agreement, except in those instances
3 where CITY elects to use the services of the San Bernardino
4 County Medical Center.
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3.
CITY agrees that the term of this Agreement shall be
6 for one (1) year subject to termination by the CITY upon thirty
7 (30) days written notice.
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4.
SPECIALIST shall make available to the San Bernardino
9 Police Department sufficient information to enable the San
10 Bernardino Police Department to contact the on-call nurse,
11 including, but not limited to, 24-hour on-call phone number,
12 address, and names of nurses, alternate or backup number, if
13 any,
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5. SPECIALIST agrees that only licensed female nurses will
15 collect blood samples and urine specimens from female suspects.
16 In the event that the female suspect is unable to give a urine
17 specimen, the assigned nurse will draw a blood sample, if
18 possible.
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6.
As used hereinafter, in this agreement the term
20 "nurse", shall include those who are certified in the State of
~ California as Registered Nurses, Licensed Vocational Nurses,
22 Paramedics, Phlebotomists and any and all other persons certified
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23 to withdraw blood in the State of California.
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7.
SPECIALIST agrees to make available on an on-call
basis nurses to testify in court, if needed.
CITY is to be
26 charged for actual time in court only, at the rates agreed upon
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27 in Paragraph I above.
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SPECIALIST shall take out and maintain during the life
JNM:ms/specialist.agr
October II, 1990
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of this Agreement such medical malpractice, public liability and
property damage insurance naming CITY as additional insured, as
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shall insure CITY, its elective and appointive boards,
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commissions, officers, agents and employees from claims for
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damages for medical malpractice, personal injury, including
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death, as well as from claims for property damage which may arise
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from SPECIALISTS' or its agents', concessionaires', or lessees'
8 operations hereunder, whether such operations be by SPECIALIST,
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its agents, concessionaires or lessees, or by anyone directly or
indirectly employed by SPECIALIST, its agents, concessionaires,
lessees or attendees, and the amounts of such insurance shall be
for medical malpractice, public liability and property damage
13 insurance in an amount not less than One Million Dollars
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($1,000,000) combined single limit.
9.
SPECIALIST undertakes and agrees to defend, indemnify
16 and hold harmless the CITY and its officers, agents and employees
17 from and against all suits and causes of actions, claims, costs
18 of litigation, damage or liability of any nature whatsoever, for
19 death or injury to any person, including the employees and agents
20 of SPECIALIST and its concessionaires and lessees, or damage or
21 destruction to any property of either party hereto or third
22 persons in any manner arising by reason of or incident to the
23 performance of this Agreement.
24 This hold harmless provision shall not apply to any breach
25 of the terms of this agreement or to any wrongful or negligent
26 acts or omissions by the City of San Bernardino Police Department
27 or their officers, agents, employees, representatives and other
28 third parties.
JNM:ms/specialist.agr
October 17, 1990
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IN WITNESS WHEREOF, the parties hereto have executed this
ATTEST:
Agreement on the date first written herein.
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8 Approved as to form
and legal content:
9 JAMES F. PENMAN,
10 City Attorney
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JNM:ms/specia1ist.agr 4
October II, 1990
WESTERN NURSE SPECIALISTS, INC.
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