HomeMy WebLinkAbout2009-041
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RESOLUTION NO. 2009-41
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SERVICES
AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO LAW
ENFORCEMENT MEDICAL SERVICES FOR EVIDENCE COLLECTION NOT TO
EXCEED $80,000 FOR FY 2008-09 WITH ONE OPTIONAL RENEWAL YEAR.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council approve a local competitive bid
exemption allowing the Purchasing Manager to use San Bernardino County's bid award to Law
Enforcement Medical Services, Inc for evidence collection (per Municipal Code 3.04.010
(B)(l)).
SECTION 2. That City Manager is authorized to execute on behalf of the City a
services agreement between the City of San Bernardino and Law Enforcement Medical
Services, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
SECTION 3. The authorization to execute the agreement referenced as Exhibit "A" is
rescinded if not executed within (60) days of the date of passage of this resolution.
SECTION 5. That the Purchasing Manager is hereby authorized and directed to issue
an annual purchase order to Law Enforcement Medical Services Inc. in an amount "not to
exceed" $80,000 for evidence collection and sexual assault exams. The Purchase Order shall
reference this Resolution No. 2009-..AL and shall read, Evidence Collection, total not to
exceed $80,000.
SECTION 4. The authorization to execute the above referenced Purchase Order is
rescinded ifit is not issued within (60) days of the passage ofthis resolution.
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RESO # 700Q-41
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SERVICES
AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO LAW
ENFORCEMENT MEDICAL SERVICES FOR EVIDENCE COLLECTION NOT TO
EXCEED $80,000 FOR FY 2008-09 WITH ONE OPTIONAL RENEWAL YEAR
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
Common COUI'.cil of the City of San Bernardmo at a regular meeting thereof, held on the
2nd day of March
, 2009, by the following vote, to wit:
Council Members:
NAYS
ABSTAIN ABSENT
AYES
ESTRADA
x
BAXTER
x
BRINKER
x
14 VACANT
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KEl.LEY
x
JOHNSON
x
MCCAMMACK
x
~At.~
.. achel G. Clark, City Clerk
The foregoing resolution is hereby approved this ..__~_ day of March ,2009.
~
Patrick J.~yor
. City of San Bernardino
Approved as to form:
2009-41
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VENDOR SERVICES AGREEMENT
This Vendor Services Agreement is entered into this 2nd day of March 2009
by and between Law Enforcement Medical Services, Inc. ("CONTRACTOR") and the City of
San Bernardino ("CITY" or "San Bernardino").
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for evidence collection; and
WHEREAS, the CITY did agree to use San Bernardino County contract pricing.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
CONTRACTOR to provide those products and services as set forth on the Scope of Services,
attached hereto as Schedule "A" and incorporated herein.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the CONTRACTOR the amounts as set forth in Fees for Service, attached
hereto as Schedule "B" and incorporUl~d herein.
b. No other expenditures made by CONTRACTOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this Agreement is from July 1, 2008 through June 30, 2009 with one
optional renewal year at the same pricing. This Agreement may be terminated by either party
at any time upon thirty (30) days' written notice. The terms ofthis Agreement shall remain in
force unless mutually amended.
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EXHIBIT "A"
2009-41
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4. INDEMNITY.
Vendor agrees to and shall indenmify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indenmity, Vendor agrees to protect and defend at its
own expense, including attorney's fees, the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indenmity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
S, INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
CONTRACTOR shall maintain in effect policies of comprehensive public, general and
automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and
statutory workers' compensation coverage, and shall file copies of said policies with the
CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set
forth as an additional named insured in each policy of insurance provided hereunder. The
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Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any
change or termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
CONTRACTOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
CONTRACTOR shall perform work tasks provided by this Agreement, but for all
intents and purposes CONTRACTOR shall be an independent contractor and not an agent or
employee of the CITY. CONTRACTOR shall secure, at its expense, and be responsible for
any and all payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for CONTRACTOR and its
officers, agents, and employees, and all business license, if any are required, in connection with
the services to be performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
CONTRACTOR warrants that it possesses, or shall obtain and maintain, a business
registration certificate pursuant to Chapter 5 of the Municipal Code, and any other license,
permits, qualifications, insurance and approval of whatever nature that are legally required of
CONTRACTOR to practice its business or profession.
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9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
TO THE CONTRACTOR:
Mark Weinberg, City Manager
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
United States
Telephone: (909) 384-5122
Kris Rowney and Chris D'Amico Co-Owners
Law Enforcement Medical Services
8285 Sierra Ave
Fontana, CA 92335
United States
Telephone: (909) 428-7488
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
CONTRACTOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the CONTRACTOR's interest in this Agreement without CITY's
prior written consent. Any attempted assigrunent, transfer, subletting or encumbrance shall be
void and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assigrunen( shall release
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CONTRACTOR of its obligation to perform all other obligations to be performed by
CONTRACTOR hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
proVIsIOns.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions ofthis Agreement shall remain in full force
and effect.
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17. REMEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party are
and shall be deemed cumulative and may be exercised separately or concurrently without
waiver of any other remedies. The failure of either party to act in the event of a breach of this
Agreement by the other shall not be deemed a waiver of such breach or a waiver of future
breaches, unless such waiver shall be in writing and signed by the party against whom
enforcement is sought.
18. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject matter
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
~ - r ' 2009
Dated 1.v.d.3 , 2009
CITY OF S BERNARDINO
Dated:
LAW ENFORCEMENT
MEDICAL SERVICES
By~0~ ill
By:
Its:
Appro ed as to Form:
.~
F. Penman, City Attorney
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SCHEDULE A
SCOPE OF SERVICES
I.
DEFINITIONS
LICENSED PERSONNEL: for purposes of this contract, "licensed personnel" will be
defined in accordance with Vehicle Code Section 23158 (a), as it maybe amended from
time to time. That section currently reads in part:
Only a licensed physician and surgeon, registered nurse, licensed vocational
nurse, duly licensed clinical laboratory scientist or clillicallaboratory bioanalyst, a
person who has been issued a "certified phlebotomy techician " cer'ificate pursuant to
Section 1246 of the Business and Professions Code, unlicensed laboratory personnel
regulated pursuant to Sections 1242, 1242.5, and 1246 of the Business and Professions
Code, or certified paramedic acting at the request of a peace officer may withdraw
blood for the purpose of determining the alcoholic content therein.
This definition of Licensed Personnel extends to all blood withdrawals performed under
Vehicle Code violations.
DRY RUN: A "dry run" occurs when licensed personnel are called out for collection of
evidence and were not able to collect such evidence through no fault of their own.
SANE: Sexual Assault Nurse Examiner - a Registered Nurse who has completed a
course of study and preceptorship, in accordance with the State of California, Office of
Criminal Justice Planning, Sexual Assault Medical Provider curriculum guidelines.
OCJP: State of California, Office of Criminal Justice Planning.
II SCOPE OF CONTRACT
A. Scone of work - The medical evidence collection services required hereunder include:
blood, urine and saliva collection; taser dart remv,li; sexual assault suspect examination and
sexual assault victim examination services. All of the required services will be provided on
an on-call basis, 24 hours a day, seven days a week. CONTRACTOR, will respond to a
requested site, to include but not limited to: hospital, accident scene, Police checkpoint,
Police station or detention center. Services may be rendered anywhere within the
geographic boundaries of the City of San Bernardino.
B. Licensine - In the performance of services under this contract, CONTRACTOR shall:
1. Possess and maintain all appropriate licenses necessary in the performance of
duties required under this contract and will ensure that all of CONTRACTOR'S
staff, providing services under this contract, possess and maintain necessary
licenses required in the performance of duties hereunder. CONTRACTOR will
provide CITY OF SAN BERNARDINO with copies oflicenses upon request.
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CONTRACTOR will provide City with a list of staff, including title and license
number with each billing.
2. Possess and maintain, as required by law, all applicable medical waste permits
issued by the San Bernardino County, Department of Public Health, Division of
Environmental Health, and any other necessary permits sufficient to encompass
CONTRACTOR'S total volume of medical waste generated and transported
pursuant to paragraph F below.
C. On-Can - CONTRACTOR must make available to City sufficient information to enable
City to contact on-call licensed personnel, including a 24-hour on-call telephone number,
alternate or backup number, and names and addresses of licensed personnel.
D. Description of Services - CONTRACTOR will provide qualified personnel to perform the
following services:
1. Blood Withdrawal (including dry runs): Upon request of the City Police,
CONTRACTOR will respond to a designated site to collect blood samples.
CONRACTOR will provide all necessary equipment for drawing of blood.
Blood alcohol specimens will be collected utilizing blood alcohol kits supplied
by the City. CONTRACTOR is responsible for ensuring that only Licensed
Personnel (as defined in section n perform blood withdrawals for Vehicle Code
violations.
2. Sample Conection for PC296 Sexual Offender Registrants: Upon request of
the City Police, CONTRACTOR will respond to a designated site to collect
necessary samples from PC296 registrants. Penal Code Section 296 requires
individuals convicted of certain felony offenses to provide two blood samples
and a saliva sample to the Department of Justice. Samples will be collected
utilizing kits supplied by the City.
3.
Urine Collection: Upon the request of the City Police, CONTRACTOR will
respond to a designated site to collect urine samples. CONRACTOR will
collect said specimens in a method to both maintain the evidentiary integrity and
the individuals' dignity. Urine specimens will be collected utilizing kits
supplied by the City.
4.
Taser Dart Removal: Upon request of the City Police, CONTRACTOR will
provide a Registered Nurse or Licensed Vocational Nurse to respond to the
requested site to remove taser darts. CONTRACTOR will document the
individual's level of consciousness and vital signs prior to and after removal of
the taser dart. Removal oftaser darts will be done in a medically approved
manner.
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5. Sexual Assault Suspect Examiuations: Upon request of the City Police,
CONTRACTOR will respond to a designated Police station, hospital or
detention center, to conduct forensic evidentiary examinations on suspects of
sexual assault. CONTRACTOR will provide trained personnel to conduct these
examinations. Forensic evidence and reference samples will be collected in
accordance with the OCJP's guidelines utilizing sex kits supplied by the City.
Documentation of the examination and specimens will be prepared on OJCP 950
form. The original will be given to the investigating officer, a photocopy is to
be submitted with the sex kit to the County of San Bernardino Sheriff's Crime
Laboratory, and a photocopy will be retained by the person conducting the
examination.
6, Sexual Assault Victim Examinations: CONTRACTOR will provide a SANE-
qualified Registered Nurse to conduct forensic evidentiary examination on
alleged victims of sexual assault. Upon request of the City Police,
CONTRACTOR'S SANE personnel will respond to an established examination
site to conduct these examinations. CONTRACTOR assumes the responsibility
for maintaining the evidential chain of custody during the examination.
Forensic evidence and reference samples will be collected in accordance with
OCJP guidelines utilizing sex kits supplied by the City. Documentation of the
examination and specimens will be prepared on OJCP 923 form for
adolescent/adult examinations and OCJP 925 for child examinations. The
original will be given to the investigating officer, a photocopy is to be submitted
with the sex kit to the San Bernardino County Sheriff's Crime Laboratory, and a
photocopy will be retained by the person conducting the examination.
a) CONTRACTOR will be responsible for coordinating the area medical
facilities for the ability to perform sexual assault victim examinations.
b) Photographic documentation of the examination will include colposcopic
examination and general physical injuries. Evidential photo
documentation will be conducted using 35mm print film and prints will
be available to the investigating agency or the court, upon request, at no
cost. CONTRACTOR will retain original negatives in a secured
. location.
c) CITY Police will incur no cost for testing of sexually transmitted
diseases (STD) or pregnancy.
7. Court Testimony: CONTRACTOR will be available to provide expert court
testimony for all of the services provided.
Handling of Evidence: CONTRACTOR will appropriately package and label all
specimens and evidence obtained.
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F. Disposal of Waste: CONTRACTOR will dispose of all medical waste in accordance with
all applicable laws and regulations. City Police will provide sharps containers at the main
Police Station for the disposal of used syringes. However, CONTRACTOR will be
required, in certain instances, to dispose of medical waste (for example: Blood withdrawals
performed at Dill checkpoints, accident scenes, etc.).
G, Response Time: CONTRACTOR'S personnel will arrive at requested site within thirty
(30) minutes of notification. CONTRACTOR'S SANE-qualified personnel will arrive at
the designated examination site within forty-five (45) minutes.
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$42,00
$42.00
$42.00
$125.00
$30.00
No Charge
$200.00
$50.00
$500.00
$100.00
No Charge
$400.00
$0.34
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SCHEDULE B
FEES FOR SERVICE
NOVEMBER 1, 2006- JUNE 30, 2010
Blood Withdrawal
Sample Collection - PC296
Urine Collection
Taser Dart Removal
Dry Run - blood withdrawal, sample collection PC296, urine
collection and taser dart removal.
Court Time - blood withdrawal, urine collection, sample
collection PC296 and'taser dart. These are billed directly to
the District Attorney.
Sexual Assault Suspect Examination.
Sexual Assault Suspect Examination - dry run.
Sexual Assault Victim Examination
Sexual Assault Victim Examination - dry run.
Court Time-Sexual Assault Suspect, Sexual Assault Victim
and Sexual Assault Nurse Examiner (billed directly to
Distriet Attorney).
Sexual Assault Response Team - On Call Fee (Flat fee per
month).
Mileage (per mile)
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