Loading...
HomeMy WebLinkAboutItem 23 - Agreement with Forensic Nurse Specialists, Inc.Police Department www.santa-ana.org/pol ice Item # 23 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 19, 2023 TOPIC: Agreement with Forensic Nurse Specialists, Inc. AGENDA TITLE Approve an Agreement with Forensic Nurse Specialists, Inc. for Sexual Assault Victim Exams and Evidence Collection Services (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a five-year agreement with Forensic Nurse Specialists, Inc. for the period of December 19, 2023 through August 31, 2028, to provide sexual assault victim examinations and evidence collection services for the Santa Ana Police Department in an amount not to exceed $350,000, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION The Santa Ana Police Department's Special Crimes Section investigates sexual assaults against adult victims. A critical component of these investigations is the forensic examination a victim undergoes to gather evidence of the assault and provide the victim with healthcare services. The Santa Ana Police Department has contracted with Forensic Nurse Specialists, Inc. (FNS) since January 2000 for these services. FNS is the sole source provider for these services in Orange County, and no specific registries utilize forensic nurses solely for exams. FNS nurses have training and expertise in forensic examinations and are competent in the California State protocol established by Cal OES (California Office of Emergency Services). FNS provides their services 24 hours a day, seven days a week. FNS collects evidence during the examination and packages, labels, and seals it according to the state and local Orange County Crime Lab requirements. FNS nurses are expert witnesses and testify in court upon receipt of a subpoena by the District Attorney's Office. Agreement with Forensic Nurse Specialists, Inc. December 19, 2023 Page 2 The costs for the services under this contract are $1,200 per sexual assault forensic exam, $1,400 for a mobile trauma exam, $300 for a dry run, $600 for a domestic violence strangulation exam, and $500 a day for court testimony. The prior agreement with FNS expired on August 31, 2023. This new agreement for the five-year term is for an amount not to exceed $350,000 and includes services provided since September 1. 2023 to be compensated under this agreement. FISCAL IMPACT Funding is available in the FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration as follows: Fiscal Accounting Unit — Fund Accounting Unit — Amount Year Account No. Description Account No. Description General Criminal Investigations, FY 23-24 01114435-62300 Fund Contract Services- $ 50,000 Professional General Criminal Investigations, FY 24-25 01114435-62300 Contract Services- $ 70,000 Fund Professional Criminal Investigations, FY 25-26 01114435-62300 General Contract Services - $ 70,000 Fund Professional Criminal Investigations, FY 26-27 01114435-62300 General Contract Services - $ 70,000 Fund Professional Criminal Investigations, FY 27-28 01114435-62300 General Contract Services - $ 70,000 Fund Professional Criminal Investigations, FY 28-29 01114435-62300 General Contract Services - $ 20,000 Fund Professional Total $350,000 The amounts above are estimates and subject to change. EXHIBIT(S) 1. Agreement with Forensic Nurse Specialists, Inc. Submitted By: Robert Rodriguez, Acting Police Chief Approved By: Tom Hatch, Interim City Manager i0:I:n:3ifi AGREEMENT BETWEEN FORENSIC NURSE SPECIALISTS, INC AND THE CITY OF SANTA ANA FOR FORENSIC EXAMINATION SERVICES This Agreement for Forensic Examination Services is made and entered into as of the 19th day of December 2023 (the "Effective Date"), by and between FORENSIC NURSE SPECIALISTS, INC ("FNS") a privately owned minority professional corporation, and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), on behalf of the Santa Ana Police Department ("Department"), with respect to the following: WHEREAS, the Department requires the collection of forensic evidence with respect to victims of sexual assault and other forms of interpersonal violence; WHEREAS, this is a mandatory expense as failure to provide a victim of sexual assault with an examination by a qualified healthcare professional would be a violation of the California Penal Code; WHEREAS, the Department does not have the capability to collect the aforesaid forensic evidence internally; WHEREAS, FNS has specialized training and expertise in the forensic examination services and the Department desires to contract such services from FNS; WHEREAS, FNS is the sole source providing this service in Orange County and there are no specific registries that utilizes forensic nurses solely for the purpose of exams; NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree as follows: Services FNS agrees to provide the following services ( "Services") to the Department: l .1. Examination. FNS agrees to provide the Department approved forensic -medical exams 24/7 to sexual assault, strangulation, domestic violence, and other types of victims, consistent with the terms of this Agreement as identified by the Department, with a 1- hour response to a mutually agreed upon examination location. The examination will include digital imaging of injuries and physical findings. The examination will be conducted by forensic nurses who are trained and competent in the California State Protocol established by California Office of Emergency Services.("CALOES") 1.2 Evidence All evidence collected during the examination will be packaged, labeled and sealed according to the state and local crime lab requirements and submitted to the on - site evidence storage refrigerator with appropriate chain of custody documentation. Evidence for mobile exams (off -site) or courtesy cases will be relinquished at the conclusion of that examination to the authorizing Department. Digital photographs will be available upon request by Department investigators. 1.3. Equipment and Supplies. FNS will provide all equipment and supplies to conduct all services listed in Exhibit A. 1.4 Testimony FNS agrees to provide competent court testimony as requested by the Department (upon receipt of a lawful or properly served summons or subpoena). 2. Compensation In exchange for the Services provided by FNS pursuant to Section 1 above, the Department shall compensate FNS according to Exhibit A, "FNS Fee Schedule" attached hereto and incorporated herein. Services can be added at any time per the Department's request and negotiated rates. The total amount of compensation to FNS shall not exceed $350,000. Any increase over this amount, for any services provided by this Agreement, shall be effectuated by written amendment between parties subject to approval by the Santa Ana City Council. 2.1 Rate Adjustment Th e Department acknowledges and agrees that FNS is entitled to adjust the rates set forth in this Section 2, Exhibit A, from time to time and at any time. FNS shall use reasonable efforts to give Department at least sixty (60) days advance written notice of any increase or adjustment to rates, subject to the not -to -exceed compensation amount in Section 2, above. 3. Payment 3.1 FNS shall invoice the Department monthly for all Services performed in each previous month. Department shall remit payment to FNS within thirty (30) days of receipt of an invoice. 3.2 City shall compensate FNS for any services provided since September 1, 2023 until the effective date of this Agreement, as defined in the effective date above 4. Term This Agreement shall be for a term of five (5) years commencing on December 19, 2023 and expiring on August 31, 2028. 4.1. Termination Either party may terminate this Agreement without cause at any time during the term of this Agreement by providing the other party at least thirty (30) days prior written notice of termination 5. Indemnification The parties each shall indemnify, defend, and hold the other party harmless from and against any and all liability, loss, damages, costs, and expenses (including reasonable attorneys' fees) caused by the negligence or wrongful acts or omissions of such indemnifying party or its employees, officers or agents. The provisions of this paragraph shall survive termination of this Agreement 6. Insurance FNS shall procure and maintain for the duration of the contract insurance against claimsfor injuries to persons or damages to property which may arise from or in connection with theperformance of the work hereunder and the results of that work by FNS , its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad ase follows: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separatelyto this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall betwice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if INS has no owned autos, Code 8 (hired) and 9 (non- owned), with limits no less than $1,000,000 per accident for bodily injury and propertydamage. (Not required if FNS provides written verification vehicles are not required to perform service.) 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Sexual Abuse or Molestation (SAM) Liability: If the work will include contact withminors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, FNS shall obtain and maintain a policycovering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim. If FNS maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher lirn.itsmaintained by the Instructor_ Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the FNS including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the FNS's insurance (at least as broad as ISO Form CG 20 10 1185 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). Primary Coverage For any claims related to this contract, the FNS's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the FNS's insurance and shall not contribute with it. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation INS hereby grants to City a waiver of any right to subrogation which any insurer of said FNS may acquire against the City by virtue of the payment of any loss under such insurance. F N S agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require FND to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:Vll, unless otherwise acceptable to the City. Claims Made Policies (note — should be applicable only to professional liability, see below) If any of the required policies provide claims -made coverage: The Retroactive Date must be shown, and must be before the date of the contract or thebeginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (S) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the FNS must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage FNS shall furnish the City with original Certificates of insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the FNS's obligation to provide them. The Cityreserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. Confidentiali of Patient Information None of the parties shall disclose any confidential patient health information to any third party, except where permitted or required by law or where the patient expressly approves such disclosure. FNS and the Department shall comply with all federal and state laws and regulations regarding the confidentiality of such infonixxation, including without limitation the Health Insurance Portability and Accountability Act (HTPPA) of 1996. 8. Non Discrimination By signing this Agreement, FNS certifies that it does not discriminate in hiring or treatment on the basis of race, color, creed, religion, sex, sexual orientation, age, mental status, national origin, ancestry, physical handicap or medical condition 9. Non Exclusive This Agreement is not exclusive, and nothing herein shall preclude either party from contracting with any other person or entity for any purpose. 10. Notices 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: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. 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 P.O. Box 1988 Santa Ana, CA 92702 Fax: 714-245-8116 To FNS: Forensic Nurse Specialists Inc. P.O. Box 2273 Los Alamitos, CA 90720 [Signatures on following page] IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: TAMARA BOGOSIAN Senior Assistant City Attorney FORENSIC NURSE SPECIALIST INC. (FNS) a Professional Corporation in the State of California 'v MALINDA WHEELER President CITY OF SANTA ANA STEVEN A. MENDOZA Acting City Manager RECOMMENDED FOR APPROVAL: ROBERT RODRIGUEZ Acting Chief of Police EXHIBIT A- FEE SCHEDULE — 2023-2024 Service Definition Rate Sexual Assault Forensic Evidence collection, clothing, DNA reference $1200.00 Exam samples, blood and urine collection, digital (All ages, reported or non - photography, medical -forensic documentation reported cases to law using state mandated forms, healthcare treatment for STI prevention, HIV prevention enforcement) and pregnancy prevention provided at the time of the exam. Mobile Trauma Exam A forensic exam conducted at any Orange $1400.00 County hospital in the ER or ICU when a patient is severely injured and admitted to that other hospital for on -going medical care. (Requests for Mobile exams in nursing homes and psychiatric facilities will be considered on a case -by -case basis.) Dry Run Department calls out the on -call $300.00 forensic nurse to perform a case and through no fault of FNS, the victim changes their mind, refuses to permit the examination, does not want the examination, or does not permit forensic nurse to conduct the examination. Domestic Violence/ A forensic exam focused on body injury and $600.00 Strangulation Exam assessment with specific written and photographic documentation on strangulation injury. Testimony Expert witness testimony by the forensic nurse $500.00/day upon receipt of subpoena form the District in court on Attorney's office the stand