HomeMy WebLinkAboutUNIVERSITY OF CALIFORNIA IRVINE(UCI), DEPARTMENT OF PEDIATRICSDocuSign Envelope ID: A9C161319-BA0C-4CCC-B7E7-E145FF8604EA
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7 OREEMENT FOR EVIDENCE COLLECTION SERVICES
FOR CHILD ABUSE VICTIMS
THIS AGREEMENT ("Agreement") is made and entered into this 11th day of February,
2022 by and between The Regents of the University of California, as described in Article
IX, Section 9 of the California Constitution, on behalf of University of California, Irvine
School of Medicine, Department of Pediatrics ("UCI"), and the City of Santa Ana, a charter
and municipal corporation organized and existing under Constitution and the laws of the
State of California on behalf of Santa Ana Police Department ("City" or "SAPD").
RECITALS
A. UCI and Orange County Social Services Agency (SSA) have entered into an
agreement for Provision of Child Abuse Medical Services effective July 1, 2021
through June 30, 2024 ("Master Agreement").
B. In connection with the Master Agreement, the City desires to retain UCI for the
collection of forensic evidence with respect to victims of child abuse.
C. UCI represents that UCI is able and willing to provide such services to the City to
which the City previously engaged with UCI for services under Agreement #A-2019-
005 which expired on June 30, 2021.
D. UCI represents that services performed by UCI under this Agreement will be
perfonned in compliance with such standards as may reasonably be expected from a
professional in the field of collection of forensic evidence with respect to victims of
child abuse.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject
to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
UCI will closely coordinate the following services with the Santa Ana Police
Department ("SAPD") in relation to the following areas:
M Attorney General Requirements
California Governor's Office of Emergency Services (Cal OES) Grant Requirements.
Department of Justice Grant Requirements
Utilizing CAST to reduce the trauma to thechild
UCI agrees to provide the following services (collectively, the `Services") to SAPD:
a. Examination. UCI agrees to provide approved forensic -medical exams on child abuse
victims for the gathering of evidence for use in the criminal justice system and not for
medical care or health care purposes. Examinations will be conducted at the County of
UCI Peds Dept— Agreement for Evidence Collection Services for Child Abuse Victims— Eff. 07-01-2021
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Orange CAST facility. Exam shall include digital imaging of injuries and physical
findings. Forensic examinations will be conducted by medical personnel who are
competent in the use of the equipment and the interpretation of the findings.
An exam may include the following services:
i. Initial Evaluation
ii. Evidence Collection (for Acute exams)
iii. Written Report
iv. Consultation
v. STI Testing
vi. Lab Analysis
vii. Follow Up Exams
b. Types of Exams
"Non -Acute Exam" as used herein shall mean an exam any time after an incident without
the collection of forensic evidence.
"Acute Exam" as used herein shall mean an exam up to 10 days after incident, with
potential for forensic evidence collection at discretion of examiner.
c. Evidence. All evidence collected during the examination, will be relinquished by UCI to
the SAID investigator assigned to the case at the conclusion of that examination. Digital
photographs will be available upon request to SAID investigators.
d. Reports. UCI shall provide their findings in a report. City and UCI shall confer and
mutually agree on formatting and scheduling of deadline for receipt of reports from the
UCL Final reports, and any documents or attachments, provided as part of the report will
become the property of the City.
2. COMPENSATION
Law Enforcement Agency agrees to reimburse UCI at the rates reflected in Table 1 -
Compensation:
Table 1- Compensation
7/l/2021
7/1/2022
7/1/2023
thru
thru
thin
Name and Description of Service
06/30/2022
06/30/2023
06/30/2024
Non -acute Exam
Exam any time after an incident without the collection
of forensic evidence.
$700
$750
$800
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Acute Exam
Exam up to 10 days after incident, with potential for
forensic evidence collection at discretion of examiner. $850 $900 $950
a. The total amount of compensation payable by Law Enforcement Agency under this
MOU shall not exceed Forty -Nine Thousand Five Hundred Dollars ($49,500) in total
over the term of this MOU. Should the total exceed $49,500 over the term of this
MOU, the Parties agree to work together in good faith to execute an amendment to
increase the compensation limit in order to ensure UCI is compensated for any
services rendered pursuant to this MOU.
b. City agrees to compensate UCI for services provided since the expiration of
Agreement #A-2019-005, through the effective date detailed above.
3. BILLING:
a. UCI CAST Office Coordinator will invoice the law enforcement agency after
services have been rendered.
b. The law enforcement agency will remit payment within thirty (30) days from the
date on the invoice to the following address:
i. UC Irvine Department of Pediatrics
Attn: Finances
333 City Blvd West, Suite 800
Orange, CA 92868
4. TERM
This Agreement shall commence on the date written above and terminate on
June 30, 2024, unless terminated earlier in accordance with Section 15, below.
5. INDEPENDENT CONTRACTOR
UCI shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be
construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which UCI
performs the services which are the subject matter of this Agreement; however, the services
to beprovided by UCI shall be provided in a manner consistent with all applicable standards
and regulations governing such services. UCI shall pay all salaries and wages, employer's
social security taxes, unemployment insurance and similar taxes relating to employees and
shall be responsible for all applicable withholding taxes.
6. INSURANCE
A. Law Enforcement Agency, at its sole cost and expense, shall insure its activities
in connection with this MOU and obtain, keep in force and maintain insurance
as follows:
1. Comprehensive or Commercial Form General Liability Insurance
(contractual liability included) with limits as follows:
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(a) Each Occurrence $ 2,000,000
(b) General Aggregate (Not applicable to $ 5,000,000
the Comprehensive form)
However, if such insurance is written on a claims -made form following
termination of this MOU coverage shall survive for a period of not less than
three years. Coverage shall provide for a retroactive date of placement
coinciding with the effective date of this MOU.
2. Business Automobile Liability Insurance for owned, scheduled, non -owned
or hired automobiles with a combined single limit no less than One Million
Dollars ($1,000,000) per occurrence.
3. Workers' Compensation and Employers Liability Insurance in a form and
amount covering Law Enforcement Agency's full liability under the Workers'
Compensation Insurance and Safety Act of the State of California as amended
from time to time.
4. Such other insurance in such amounts which from time to time may be
reasonably required by the mutual consent of UCI and Law Enforcement
Agency against other insurable risks relating to performance.
It should be expressly understood, however, that the coverages required under
this Section A.L, 2., 3. and 4. shall not in any way limit the liability of Law
Enforcement Agency.
Law Enforcement Agency, upon the execution of this MOU shall furnish UCI
with Certificates of Insurance evidencing compliance with all requirements.
Certificates shall further provide for thirty (30)-day advance written notice to UCI
of any modification, change or cancellation of any of the above insurance
coverages.
B. UCI at its sole cost and expense, shall insure its activities in connection with
this MOU and obtain, keep in force and maintain a self-insurance program as
follows:
1. General Liability Self -Insurance Program with limits as follows:
(a) Each Occurrence $ 2,000,000
(b) General Aggregate $ 5,000,000
2. Professional Medical and Hospital Liability self-insurance program with
limits as follows:
(a) Each Occurrence $ 2,000,000
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(b) General Aggregate $ 5,000,000
If insurance s written om a claim made form, following termination of the MOU,
coverage shall survive for the maximum reporting period available from
insurance sources. Coverage shall also provide for retroactive date of placement
prior to or coinciding with the effective date of the MOU.
3. Business Automobile Self -Insurance Program for owned, scheduled, non -
owned, or hired automobiles with a combined single limit no less than One
Million Dollars ($1,000,000) per occurrence.
4. Workers' Compensation and Employers Liability equivalent Self -Insurance
Program covering UCI'S full liability under the Workers' Compensation
Insurance and Safety Act of the State of California, as amended from time to
time.
5. Such other insurance in such amounts which from time to time may be
reasonably required by the mutual consent of Law Enforcement Agency and
UCI against other insurable risks relating to performance.
It should be expressly understood, however, that the coverages required under
this Section B.1., 2., 3., 4. and 5. shall not in any way limit the liability of UCI.
UCI, upon the execution of this MOU, shall furnish Law Enforcement Agency
with Certificates of Self -Insurance evidencing compliance with all requirements.
Certificates shall further provide for thirty (30) day advance written notice to Law
Enforcement Agency of any modification, change or cancellation of any of the
above insurance coverages.
7. MUTUAL INDEMINCATION
In contemplation of the provisions of Section 895.2 of the California Government
Code imposing certain tort liability jointly upon public entities solely by reason of such
entities being parties to an agreement as defined by Section 895 of the Government Code,
each party, pursuant to the authorization contained in Sections 895.4 and 895.6 of the
Government Code, hereby agrees to and shall indemnify and hold harmless the other party,
and its officers, agents, and employees from and against all losses, liability, damages, claims,
suits, action, and administrative proceedings or demands (including reasonable attorney's
fees) relating to acts or omissions of the indemnitor, its officers, agents, or employees arising
out of or incidental to the performance of any of the provisions of this Agreement, but only in
proportion to and to the extent such losses, liability, damages, claims, suits, actions, and
administrative proceedings or demands are caused by or result from the negligent acts or
omission of the other party, its officers, agents, or employees. Neither party assumes liability
for the acts or omissions of persons other than each party's respective officers, agents, or
employees. In the event judgement is entered against both Parties because of joint of
UCI Peds Dept— Agreement for Evidence Collection services for Child Abuse Victims — Eff. 07-01-2021
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concurrent negligence of both Parties, or their officers, agents, or employees, and
apportionment of liability to pay such judgement shall be made by a Court of competent
jurisdiction.
8. RECORDS
UCI shall keep records and invoices in connection with the work to be performed
under this Agreement. UCI shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to UCI under this Agreement. All such records and invoices
shall be clearly identifiable. Upon at least three (3) business days advance notice, UCI shall allow
a representative of the City to examine, audit, and make transcripts or copies of such records and
any other documents created pursuant to this Agreement during regular business hours. City
shall reimburse UCI for copies at the rate of twenty-five cents ($0.25) per page plus reasonable
administrative costs. UCI shall allow inspection of all work, data, documents, proceedings, and
activities related to this Agreement for a period of three (3) years from the date of final payment
to UCI under this Agreement.
9. CONFIDENTIALITY
If UCI receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, UCI agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to
exercise the same degree of care it uses to protect its own information of like importance, but in
no event less than reasonable care. "Confidential Information" shall include all nonpublic
information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the UCI disclosed in a publicly available source; (c) is in rightful possession of the UCI
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or
(e) is independently developed by the UCI without reference to information disclosed by the
City. Notwithstanding the foregoing, City understands and agrees that UCI is a public institution,
subject to the provisions of the California Public Records Act, and Confidential Information
may be subject to disclosure thereunder. In the event UCI receives a request to produce this
Agreement, or identify any term, condition, or aspect of this Agreement, UCI will contact City
to advise of such release of information in accordance with applicable law.
10. CONFLICT OF INTEREST CLAUSE
UCI represents that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
11. DISCRIMINATION
UCI shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, national origin, ancestry, or disability, as defined and
6
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prohibited by applicable law, in the recruitment, selection, training, utilization, promotion,
termination or other employment related activities or any services provided under this
Agreement. UCI affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
12. ENTIRE AGREEMENT; TEMINATION OF MOU
This Agreement represents the entire understanding and agreement between the City
and UCI with respect to the subject matter hereof and supersedes any and all other
agreements, arrangements, and understandings, whether oral or written, between the parties
relating to the subject matter hereof. No representation, inducement, promise or agreement,
whether oral or written, has been made by any party, or anyone acting on behalf of any party,
which is not embodied herein. 1.
13. CONFLICTS; AMENDMENTS
In the event of a conflict between the terms of this Agreement and any attachments
hereto, the terms of this Agreement shall prevail. This Agreement may not be modified
except by written instrument signed by the City and by an authorized representative of
UCI. The parties agree that any amendment to this Agreement shall be made in writing and
mutually agreed upon between the parties.
14. ASSIGNMENT
Neither party may not assign, transfer, delegate, or subcontract any interest herein
without the prior written consent of the other party and any such assignment, transfer,
delegation or subcontract without the other party's prior written consent shall be considered
null and void. Nothing in this Agreement shall be construed to limit the City's ability to have
any of the services which are the subject to this Agreement performed by City personnel.
15. TERMINATION
This Agreement shall terminate upon the termination of the Master Agreement
between UCI and SSA. This Agreement may otherwise be terminated with or without cause
at any time by either party upon thirty (30) days prior written notice of termination. In any
event, UCI shall be entitled to receive, and the City shall pay UCI compensation for all
services performed by UCI up to the date oftermination.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in
or granted by the provisions of this Agreement shall be effective unless it is in writing and
signed by the party waiving the breach, failure, right or remedy. No waiver of any breach,
faihire or right, or remedy shall be deemed a waiver of any other breach, failure, right or
remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless
the writing so specifies.
17. JURISDICTION — VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further agree
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that Orange County, California, shall be the venue for any action or proceeding that may be
brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
UCI shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. UCI shall notify the City immediately and in
writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. MISCELLANEOUS PROVISIONS
a. Each undersigned represents that its signature herein below has the power, authority and
right to bind their respective parties to each of the terms of this Agreement.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
PO Box 1988
Santa Ana, CA 92702-1988
Fax:714-647-6956
With courtesy copies to:
Chief of Police
City of Santa Ana
60 Civic Center Plaza (M-97)
Santa Ana, CA 92702
Fax:714-245-8007
To UCI:
UCI Irvine Medical Center/UCI Health
Attn: Director of Contracting
333 City Boulevard West, Ste 550
Orange, CA 92868
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
UCI Peds Dept— Agreement for Evidence Collection Services for Child Abuse Victims— Ef. . 07-01-2021
DocuSign Envelope ID: A9C16B19-BAOC-4CCC-B7E7-E145FF8604EA
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by
the transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
21. APPROPRIATIONS
This Agreement is subject to and contingent upon funds being appropriated therefor by
the Santa Ana City Council for each fiscal year covered by the term of this Agreement. If such
appropriations are not made, this Agreement shall automatically terminate without penalty to
the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST
e
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
SoniAR. Carvalho
M
Senior Assistant City Attorney
UCI HEALTH
D usligned by.
I Kati�t�t SiWaLGSi� 2/12/2022
iiiii �rsae�extssaee�...
Randolph Siwabessy, Chief Financial Officer
CITY OF SANTA ANA
Kristine Ridge,
City Manager
RECOMMENDED FOR APPROVAL:
Chief of Police
UCI Peds Dept— Agreement for Evidence Collection Services for Child Abuse Victims— Eff. 07-01-2021
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor
The Regents of the University of California
Name:
Project
N-2022-059
Number:
Project Agreement For Evidence Collection Services For Child Abuse
Name: Victims
The Certificate of Insurance (COI) submitted indicates that the coverages are in
compliance with the insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
POLICY EXPIRATION
TYPE OF INSURANCE COI DATE FILE NAME
NUMBER DATE
UC Generic Cert of
AUTOMOBILE LIABILITY SELFINSURED 07/01/2024 07/17/2023
Self-Ins 2023-2024.pdf
UC Generic Cert of
GENERAL LIABILITY SELFINSURED 07/01/2024 07/17/2023
Self-Ins 2023-2024.pdf
PROFESSIONAL MEDICAL AND HOSPITAL City of Santa Ana
1137151749 07/01/2024 07/01/2023
LIABILITY Rood.pdf
WORKERS COMPENSATION AND UC Generic Cert of
SELFINSURED 07/01/2024 07/17/2023
EMPLOYERS' LIABILITY Self-Ins 2023-2024.pdf
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
7/17/2023 7:21 PM