Loading...
HomeMy WebLinkAbout12-Police Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL AC I GINAL From: Mark A. Garcia Subject: Resolution of the Mayor and Assistant Chief of Police Common Council of the City of San Bernardino authorizing the execution of a Dept: Police Department service agreement and issuance of a purcha. order to Law Enforcement Medical Services Date: September 28, 2010 for evidence collection not to exceed $83,000 for FY 2010-2011 with three optional renewal years. Meeting Date: October 4, 2010 Synopsis of Previous Council Action Resolution #2009-41 approved on March 3, 2009 authorizing an annual purchase order to Law Enforcement Medical Services. Resolution #2004-360 approved on November 16, 2004 authorizing an annual purchase order to Law Enforcement Medical Services. Resolution #2003-303 approved on November 20, 2003 authorizing an annual purchase orders to Law Enforcement Medical Services. Resolution #2000-354 approved on December 20, 2000 authorizing an annual purchase order to Law Enforcement Medical Services. Recommended Motion: Adopt Resolution. MARK A. GARCIA ISTANT CHIEF OF POLICE Contact person: Julie Jensen Phone: 384-5694 Supporting data attached: Yes Staff Report/Resolution Ward: All FUNDING REQUIREMENTS: Amount: $83,000 SOURCE: 001-210-5505-0000-0049 $80,000-General Fund 123-820-5505-0000-0081 $3,000 O.T.S. grant Council Notes: / Finance Agenda Item No. /) 10-PI -2iv geptadttutiki Pule CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a service agreement and issuance of a purchase order to Law Enforcement Medical Services for evidence collection not to exceed $85,000 for FY 2010-11 with three optional renewal years. BACKGROUND The San Bernardino Police Department has contracted with Law Enforcement Medical Services for evidence collection (phlebotomy and sexual assault examinations) since 2001. L.E.M.S (Law Enforcement Medical Services, Inc.) currently provides evidence collection for all law enforcement agencies within the San Bernardino County. A notice inviting bids, RFQ F-10-21, was advertised on May 10, 2010. The bid notice was advertised in the San Bernardino Sun, on the City website and with the San Bernardino Chamber of Commerce. L.E.M.S. was the only contractor to submit a bid for RFQ F-10-021 and pricing offered in this bid is the same as the San Bernardino County contract pricing. FINANCIAL IMPACT Expenditures for FY 2010-11 are expected to total approximately $76,000. The "not to exceed" limit is established at $85,000 to allow for any additional expenditures resulting from special programs (patrol programs, DUI checkpoints, grant programs) and to establish an appropriate spending limit for optional year pricing. The Police Department's General Fund budget for FY 2010-11 includes $80,000 in the Support Services Program (account 001-210-5505-0000-0049) for medical evidence collection and sexual assault exams. The proposed 2010-11 Office of Traffic Safety (O.T.S.) grant budget (account 123-820-5505- 0000-0081) includes $3,000 for evidence collection to offset the increased cost of evidence collection as a result of D.U.I. checkpoints and traffic safety programs. The grant is pending final approval and is expected to begin October 1, 2010. Account: 001-210-5505-0000-0049 Budgeted Amount: $214,800 Balance as of September 13, 2010: $180,624 Balance after approval of this item: $100,624 Account: 123-820-5505-0000-0081 Budgeted Amount: $3,000 Balance as of September 13, 2010: Pending grant approval Balance after approval of this item: $0 Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred, but not yet processed. RECOMMENDATION Adopt resolution. ..-„..=2,--\)y 1 • RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SERVICE AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER TO LAW 4 ENFORCEMENT MEDICAL SERVICES FOR EVIDENCE COLLECTION NOT TO EXCEED $83,000 FOR FY 2010-2011 WITH THREE OPTIONAL RENEWAL YEARS. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to 9 execute on behalf of the City an Agreement with Law Enforcement Medical Services for 10 evidence collection services, a copy of which is attached hereto, marked Exhibit A and 11 incorporated herein by this reference. 12 SECTION 2. That the Director of Finance or her designee is hereby authorized and 13 14 directed to issue an annual Purchase Order to Law Enforcement Medical Services in the 15 amount not to exceed $83,000 for FY 2010-2011. The Purchase Order shall reference this 16 Resolution NO. 2010- and shall read "Purchase Order for Evidence Collection, P.O. 17 No. , not to exceed $83,000" and shall incorporate the terms and conditions of the 18 Agreement. 19 SECTION 3. The authorization to issue the Purchase Order referenced in Section 2 of 20 21 this resolution is rescinded if the purchase order is not issued within 30 days of the passage of 22 this resolution. 23 24 '// 25 26 27 28 � � � � - 0 1 RESO # 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SERVICE AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER TO LAW 4 ENFORCEMENT MEDICAL SERVICES FOR EVIDENCE COLLECTION NOT TO EXCEED $83,000 FOR FY 2010-2011 WITH THREE OPTIONAL RENEWAL YEARS. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 8 day of , 2010, by the following vote,to wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ 12 DESJARDINS 13 BRINKER 14 SHORETT 15 KELLEY 16 17 JOHNSON 18 MCCAMMACK 19 Rachel G. Clark, City Clerk 20 21 The foregoing resolution is hereby approved this day of , 2010. 22 23 Patrick J. Morris, Mayor City of San Bernardino 24 Approved as to form: 25 1111 26 )1 B • 27 Jame F. Pe' an, City Attorney 28 VENDOR SERVICES AGREEMENT This Vendor Services Agreement is entered into this 4th day of October 2010 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 pricing included in bid F-10-021. 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 incorporated 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, 2010 through June 30, 2011 with three optional renewal years with pricing to be negotiated prior to exercising any option year. This Agreement may be terminated by either party at any time upon thirty (30) days' written notice. The terms of this Agreement shall remain in force unless mutually amended. 1 Exhibit "A" 4. INDEMNITY. Vendor 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 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 indemnity, 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 indemnity 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. 5. 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 2 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. 3 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: Charles McNeely, City Manager Kris Rowney Owner City of San Bernardino Law Enforcement Medical Services 300 North"D" Street 8285 Sierra Ave San Bernardino, CA 92418 Fontana, CA 92335 United States United States 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 assignment shall release 4 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 of this Agreement shall remain in full force and effect. 5 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. Dated: , 2010 Dated , 2010 LAW ENFORCEMENT CITY OF SAN BERNARDINO MEDICAL SERVICES By: By: Charles McNeely, City Manager Its: Approved as to Form: By: James F. Penman, City Attorney 6 SCHEDULE A SCOPE OF SERVICES 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. Scope 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, 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. 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 BERNARDINO with copies of licenses upon request. 7 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 I)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. 8 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 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. E. Handling of Evidence: CONTRACTOR will appropriately package and label all specimens and evidence obtained. 9 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. 10 SCHEDULE B FEES FOR SERVICE JULY 1, 2010—NNE 30,2011 $42.00 Blood Withdrawal $42.00 Sample Collection—PC296 $42.00 Urine Collection $125.00 Taser Dart Removal $32.00 Dry Run—blood withdrawal, sample collection PC296, urine collection and taser dart removal. No Charge Court Time—blood withdrawal,urine collection, sample collection PC296 and taser dart. These are billed directly to the District Attorney. $225.00 Sexual Assault Suspect Examination. $50.00 Sexual Assault Suspect Examination—dry run. $650.00 Sexual Assault Victim Examination $100.00 Sexual Assault Victim Examination—dry run. No Charge Court Time-Sexual Assault Suspect, Sexual Assault Victim and Sexual Assault Nurse Examiner(billed directly to District Attorney). $150 Sexual Assault Response Team—On Call Fee (Flat fee per month). $100 Phlebotomy-On Call Fee (Flat fee per month) $5.00 Blood Alcohol Kit 11 VENDOR SERVICES AGREEMENT This Vendor Services Agreement is entered into this 4t day of October 2010 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 pricing included in bid F-10-021. 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 incorporated 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, 2010 through June 30, 2011 with three optional renewal years with pricing to be negotiated prior to exercising any option year. This Agreement may be terminated by either party at any time upon thirty (30) days' written notice. The terms of this Agreement shall remain in force unless mutually amended. 1 4. INDEMNITY. Vendor 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 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 indemnity, 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 indemnity 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. 5. 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 2 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. 3 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: Charles McNeely, City Manager Kris Rowney Owner City of San Bernardino Law Enforcement Medical Services 300 North "D" Street 8285 Sierra Ave San Bernardino, CA 92418 Fontana, CA 92335 United States United States 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 assignment shall release 4 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 of this Agreement shall remain in full force and effect. 5 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. Dated: , 2010 Dated , 2010 LAW ENFORCEMENT CITY OF SAN BERNARDINO MEDICAL SERVICES By: By: Charles McNeely, City Manager Its: Appr. ;as to Form: . B � _ A `._ .6. g James F. Pe ∎, an, City Attorney 6 SCHEDULE A SCOPE OF SERVICES 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.S, 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. Scope 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, 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. 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 BERNARDINO with copies of licenses upon request. 7 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 I)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. 8 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. 9 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. 10 SCHEDULE B FEES FOR SERVICE JULY 1,2010—JUNE 30,2011 $42.00 Blood Withdrawal $42.00 Sample Collection—PC296 $42.00 Urine Collection $125.00 Taser Dart Removal $32.00 Dry Run—blood withdrawal, sample collection PC296, urine collection and taser dart removal. No Charge Court Time—blood withdrawal,urine collection, sample collection PC296 and taser dart. These are billed directly to the District Attorney. $225.00 Sexual Assault Suspect Examination. $50.00 Sexual Assault Suspect Examination—dry run. $650.00 Sexual Assault Victim Examination $100.00 Sexual Assault Victim Examination—dry run. No Charge Court Time-Sexual Assault Suspect, Sexual Assault Victim and Sexual Assault Nurse Examiner(billed directly to District Attorney). $150 Sexual Assault Response Team—On Call Fee (Flat fee per month). $100 Phlebotomy-On Call Fee (Flat fee per month) $5.00 Blood Alcohol Kit 11