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Home My WebLink About51- Police CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Lee Dean, Chief of Police Subject: Western Nurses Specialist Inc . Dept: Police Date: April 8, 1996 OAMA 1A I A I Synopsis of Previous Council action: Resolution 90-441, ratified on November 6 , 1990 . Resolution 92-29 , ratified on February 6 , 1992 . Recommended motion: Adopt Resolution ignature Contact person: Captain Robert Curtis Phone: 384-5606 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: $15 , 000 Source: (Acct. No.) 001-220-5505 Other Prof . Serv. ( Remaining Funds of $20 , 000 ) Acct. Description) Finance: GG( Council Notes: 75-0262 Agenda Item No.— CITY 'OF SAN 13ERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Commencing with Resolution No. 90-441, ratified on November 5 , 1990, the Police Department began utilizing Western Nurses Specialists, Inc . for the collection of evidence from suspects . Resolution No. 92-29, ratified on February 6, 1992 , expanded this service to include the collection of evidence from rape victims . These services are vital to enhance the prosecution of suspects and reduce the "down time" for patrol officers . Competition in the area of forensic evidence collection has intensified over the past several years . As a result, the Police Department and Purchasing developed updated specifications for Medical Evidence Collection Services detailed under Specification No. F96-16 . On February 6, 1996, Purchasing released a Notice Inviting Bids for these services with the bids due on February 22 , 1996 . Upon review and reading of the received bids, Western Nurses Specialists, Inc . was determined to be the low bidder and only qualified respondent . I therefore recommend ratification of the attached Service Agreement between the City of San Bernardino and Western Nurses Specialists, Inc . Upon approval the Police Department will be obligated to pay following amounts for the indicated services : $ 20 . 00 Per blood withdrawal $300 . 00 Per sexual assault (victim) exam $ 90 . 00 Per sexual assault (suspect) exam No Charge Blood withdrawal "dry run" , urine collection sample, TASER dart removal, monthly SART charges, court testimony (rape, blood withdrawal and TASER removal) . At these rates and historical usage, the department will realize approximately $4, 800 in savings for the remainder of FY 1995/96, and save $28, 000 annualy thereafter. Approval of this resolution will supersede all previous agreements in effect with Western Nurses Specialists, Inc . and automatically start the 30-day clock to terminate Resolution No. 92-29 . The Police Department will further reduce the costs to collect forensic evidence by enrolling in the Children' s Assessment Center, a joint public-private endeavor sponsored by the County of San Bernardino, Loma Linda University Medical Center and Loma Linda University Pediatric Medical Group. Participation in the program will provide non-acute victims of suspected child abuse with one- stop expert medical and forensic services, child interviewing specialists and counseling. The department will benefit by having stronger cases for prosecution. The annual enrollment fee of $500 is prorated for the remainder of FY 1995/96 at $126 . The total cost per case is $35 . 00 . The department estimates using this service ten times annually for a savings of $2, 524 . 75-0264 SERVICES AGREEMENT THIS AGREEMENT is entered into this day of 1 between ST .: R ' ; : Ts:<:;::>::: :: : :i <::;::; ;:: ("CONTRACTOR") and the CITY OF SAN....BERNARDINO.....(."CITY")...'.............................::....... WITNESSETH: A. WHEREAS, CITY has need for collection of physiological evidence and sexual assult response teams within the CITY and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided the lowest responsible bid for the providing of such services; NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall furnish collection of physiological evidence and sexual assult response teams to CITY in accordance with Bid Specifications F-96-16. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount in accordance with Bid Specification F-96-16 Bidder's Proposal and Statement. 3. CONTRACTOR shall provide the Police Department with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 4. The initial term of this Agreement shall be one (1) year from the date first above shown. There will be two (2) one year option periods, subject to mutual consent of the parties. S. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgement or expense (including, without limitation, reasonable costs of defence) arising out of or related 1 to CONTRACTOR's performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY's willful misconduct or sole negligence. 6. 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, naming CITY as additional insured, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk Manager prior to undertaking any work under this Agreement. 7. CONTRACTOR shall perform work tasks as directed by the Police Department, but for all intents and purposes contractor shall be an independent contractor and not an agent or employee of the CITY. S. In the performance of this Agreement and in the hiring and recruitment of employees, contractor shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. Any notice 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: Lee Dean, Chief of Police, 300 North "D" Street San Bernardino, CA 92418 TO THE CONTRACTOR: O • :��..}... ......:.. . ......:.......:::::..::............. ........ . 2 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. Date ;::;.;:.>:.;>:.;:.;:.;:.: .:;.;;:;:: ................... . ..................................................... usiness Name ignat...re........... ............................ CITY OF SAN BERNARDINO Date: By: Tom Minor, Mayor City of San Bernardino ATTEST: Rachel Clark, City Clerk Approved as to form and legal content: James F. Penman, City ttorney By: Cil/tit-r�-L, 3 ti t SERVICES AGREEMENT THIS AGREEMENT is entered into this day of , 19_, between WESTERN NURSE SPECIALIST, INC. ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY"). WITNESSETH: A. WHEREAS, CITY has need for collection of physiological evidence and sexual assault response teams within the CITY; and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services; and, C. WHEREAS, CONTRACTOR has provided the lowest responsible bid for the providing of such services; NOW, THEREFORE,the parties hereto agree as follows: 1. CONTRACTOR shall furnish collection of physiological evidence and sexual assault response teams to CITY in accordance with Bid Specifications F-96-16. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount in accordance with Bid Specification F-96-16 Bidder's Proposal and Statement. 3. CONTRACTOR shall provide the Police Department with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 4. The initial term of this Agreement shall be one (1) year from the date first above shown. There will be two (2) one year option periods, subject to mutual consent of the parties. 1 't 5. CONTRACTOR shall indemnify,defend and hold CITY,its officers,employees and agents harmless from any claim, demand, liability, suit,judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR'S performance of this Agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willfull misconduct or sole negligence. 6. 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, naming CITY as additional insured, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk Manager prior to undertaking any work under this Agreement. 7. CONTRACTOR shall perform work tasks as directed by the Police Department, but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 8. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. This Agreement may be terminated at any time with or without cause by either party by providing thirty (30) days written notice to the other. 10. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: 2 I TO THE CITY: Lee Dean, Chief of Police 300 North "D" Street San Bernardino, CA 92418 TO THE CONTRACTOR: Western Nurse Specialists, Inc. 25809 Business Center Drive, Suite A Redlands, CA 92373 Nothing in this paragrah shall be construed to prevent the giving of notice of personal service. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and date first above shown. DATE: WESTERN NURSE SPECIALISTS, INC. By: CITY OF SAN BERNARDINO DATE: By: Tom Minor, Mayor of the City of San Bernardino ATTEST: Rachel Clark, City Clerk Approved as to form and legal content: James F. Penman City A rney By: