HomeMy WebLinkAbout2014-397 I RESOLUTION NO. 2014-397
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
3 BERNARDINO AUTHORIZING THE EXECUTION OF A SERVICE AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER TO LAW ENFORCEMENT MEDICA
4 SERVICES, INC., FOR EVIDENCE COLLECTION NOT TO EXCEED $80,000 FOR FY
2014/2015 WITH THREE OPTIONAL RENEWAL YEARS.
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NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
6 OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That the City Manager is hereby authorized to execute on behalf of the
8 City of San Bernardino a Vendor Service Agreement with Law Enforcement Medical Services,
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Inc. for evidence collection services with three optional renewal years, a copy of which is
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attached hereto, marked Exhibit "A" and incorporated herein.
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SECTION 2. That the Director of Finance or his/her designee is hereby authorized and
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directed to increase Purchase Order number 2015-00000946 to an amount not to exceed $80,000
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14 utilizing account number 001-210-0001*5505-0000 for the additional amount of$55,500 and
15 account number 123-210-0081*5505-0984 in the amount of$4,500.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO AUTHORIZING THE EXECUTION OF A SERVICE AGREEMENT
2 AND ISSUANCE OF A PURCHASE ORDER TO LAW ENFORCEMENT MEDICA
3 SERVICES, INC., FOR EVIDENCE COLLECTION NOT TO EXCEED $80,000 FOR FY
2014/2015 WITH THREE OPTIONAL RENEWAL YEARS.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
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7 17th day of November, 2014, by the following vote, to wit:
8 COUNCILMEMBERS: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ x
10
BARRIOS x
VALDIVIA x
11
SHORETT x
12 NICKEL x
13 JOHNSON x
14 MULVIHILL
15
George a anna, City rk
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17 The foregoing Resolution is hereby approved this of November, 2014.
18 ,L
R. Carey Da s, Mayor
19 City of San ernardino
Approved as to form:
20 Gary D. Saenz, City Attorney
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2014-397
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND LAW ENFORCEMENT MEDICAL SERVICES, INC. FOR EVIDENCE
COLLECTION SERVICES
t�
This Vendor Services Agreement is entered into this 17_ ay of Novembe 6y 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 pricing included in bid F-15-11
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 as
Schedule "B" and incorporated herein. The total amount of this Agreement shall not
exceed $80,000.00.
No other expenditures made by CONTRACTOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this Agreement is from November 1, 2014 through June 30, 2015 with three
optional renewal years with pricing to be negotiated prior to exercising any option year.
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This Agreement may be terminated at any time by thirty (30) days' written notice by either
party. The terms of this Agreement shall remain in force unless mutually amended.
4. INDEMNITY.
Contractor agrees to and shall indemnify 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 Contractor, 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 indemnity,
Contractor 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. Contractor hereby waives any
and all rights to any types of express or implied indemnity against the City, its elected
officials, employees, agents or representatives, with respect to third party claims against
the Contractor relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
CONTTRACTOR 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 worker's compensation coverage, and shall file copies of said policies with the
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2014--397
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 Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY
at least 30 days prior to any change in or termination of 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 prior to execution of this
Agreement, and maintain a business registration certificate pursuant to Chapter 5 of the
Municipal Code, and any other licenses, permits, qualifications, insurance and approval of
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2014-397
whatever nature that are legally required of CONTRACTOR to practice its business or
profession.
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 VENDOR:
Allen J. Parker, City Manager Kris Rowney, Owner
City of San Bernardino Law Enforcement Medical Services, Inc
300 North"D" Street 8285 Sierra Avenue#107
San Bernardino, CA 92418 Fontana, CA 92335
Telephone: (909) 384-5122 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 assignment, 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
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assignment shall release CONTRACTOR of CONTRACTOR's 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 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
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2014-397
in any other circumstance, and the remaining provisions of this Agreement shall remain in
full force and effect.
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.
///
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2014-397
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND LAW ENFORCEMENT MEDICAL SERVICES, INC. FOR EVIDENCE
COLLECTION SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date
set forth below.
Dated: , 2014 LAW ENFORCEMENT MEDICAL
SERVICES, INC.
By:
Its:
Dated , 2014 CITY OF SAN BERNARDINO
By:
City Manager
Approved as to Form:
Gary D. Saenz, City Attorney
By:
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2014-397
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 may be 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 clinical laboratory bioanalyst, a person who
has been issued a "certified phlebotomy technician"certificate 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 removal; 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,7 days a week. CONTRACTOR,will respond to a requested
site,to include but not limited be hospital,
endered anywhere Police checkpoint,
geographic boundaries of of the
detention center. Service y
City of San Bernardino.
B. L1cenS M—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
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2014-397
BERNARDINO with copies of licenses upon request. 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-Call— 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 Collection 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 of taser darts will be done in a medically approved manner.
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5 Sexual Assault Suspect Examinations: 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 Sheriffs 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.
E.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 DUI
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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SCHEDULE B
FEES FOR SERVICE
NOVEMBER 1,2014-JUNE 30,2015
DESRIPTION QTY AMOUNT
Blood Withdrawl each $50.00
Blood ETOH Draw each $50.00
Sample Collection-PC296
each $50.00
Blood Alcohol Kit each $5.00
Urine Collection
each $50.00
Taser Dart Removal each $150.00
Dry Run for Blood Sample each $40.00
a)Urine Sample each $40.00
b)Sample Collection-PC296 each $40.00
c)Taser Dart Removal each $50.00
Sexual Assault Suspect Exam
each $225.00
Sexual Assault Suspect Dry Run
each $50.00
Sexual Assault Victim Exam
each $675.00
Sexual Assault Victim Dry Run each $200.00
Phlebotomy On Call per month $150.00
Nurse Stand-by Fee per hour $25.00
Court Time for all services performed No Charge-(billed
directly to District
Attorney)
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2014-397
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND LAW ENFORCEMENT MEDICAL SERVICES,INC. FOR EVIDENCE
COLLECTION SERVICES
This Vendor Services Agreement is entered into this—day ofNove 6y 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 pricing included in bid F-15-11
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 as
Schedule "B" and incorporated herein. The total amount of this Agreement shall not
exceed $80,000.00.
No other expenditures made by CONTRACTOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this Agreement is from November 1, 2014 through June 30, 2015 with three
optional renewal years with pricing to be negotiated prior to exercising any option year.
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2014-397
This Agreement may be terminated at any time by thirty (30) days' written notice by either
party. The terms of this Agreement shall remain in force unless mutually amended.
4. INDEMNITY.
Contractor agrees to and shall indemnify 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 Contractor, 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 indemnity,
Contractor 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. Contractor hereby waives any
and all rights to any types of express or implied indemnity against the City, its elected
officials, employees, agents or representatives, with respect to third party claims against
the Contractor relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
CONTTRACTOR 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 worker's compensation coverage, and shall file copies of said policies with the
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2014-397
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 Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY
at least 30 days prior to any change in or termination of 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.
S. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
CONTRACTOR warrants that it possesses or shall obtain prior to execution of this
Agreement, and maintain a business registration certificate pursuant to Chapter 5 of the
Municipal Code, and any other licenses, permits, qualifications, insurance and approval of
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2014-397
whatever nature that are legally required of CONTRACTOR to practice its business or
profession.
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 VENDOR:
Allen J. Parker, City Manager Kris Rowney, Owner
City of San Bernardino Law Enforcement Medical Services,Inc
300 North"D" Street 8285 Sierra Avenue#107
San Bernardino, CA 92418 Fontana, CA 92335
Telephone: (909) 384-5122 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 assignment, 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
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assignment shall release CONTRACTOR of CONTRACTOR's 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 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
5
2014-397
in any other circumstance, and the remaining provisions of this Agreement shall remain in
full force and effect.
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.
///
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///
///
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2014-397
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND LAW ENFORCEMENT MEDICAL SERVICES, INC. FOR EVIDENCE
COLLECTION SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date
set forth below.
Dated: LAW ENFORCEMENT MEDICAL
SERVICES, INC.
it
Dated 2014 CITY OF SAN BERNARDINO
By:
C anager
Approved as to Form:
Gary D. Saenz, City Attorney
By IfLY�LVt-u'
7
2014-397
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 may be 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 clinical laboratory bioanalyst, a person who
has been issued a "cert f ed phlebotomy technician certificate 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 removal; 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,7 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. Licensing—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
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2014-397
BERNARDINO with copies of licenses upon request. 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-Call— 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 Collection 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 of taser darts will be done in a medically approved manner.
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51 Sexual Assault Suspect Examinations: 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 Sheriffs 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.
E.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 DUI
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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SCHEDULE B
FEES FOR SERVICE
NOVEMBER 1,2014-JUNE 30,2015
DESRIPTION QTY AMOUNT
Blood Withdrawl each $50.00
Blood ETOH Draw each $50.00
Sample Collection-PC296 each $50.00
Blood Alcohol Kit each $5.00
Urine Collection each $50.00
Taser Dart Removal each $150.00
Dry Run for Blood Sample each $40.00
a)Urine Sample each $40.00
b)Sample Collection-PC296 each $40.00
c)Taser Dart Removal each $50.00
Sexual Assault Suspect Exam each $225.00
Sexual Assault Suspect Dry Run each $50.00
Sexual Assault Victim Exam each $675.00
Sexual Assault Victim Dry Run each $200.00
Phlebotomy On Call per month $150.00
Nurse Stand-by Fee per hour $25.00
Court Time for all services performed No Charge-(billed
directly to District
Attorney)
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