HomeMy WebLinkAboutUNIVERSITY OF CALIFORNIA, IRVINE SCHOOL OF MEDICINE, DEPARTMENT OF PEDIATRICS (UCI) (REGENTS OF THE UNIVERSITY OF CALIFORNIA, THE) jNIA§MO iNl6We tij8j/A9GFC4-EA98-490E-AC2E-B749056239E1 N-2024-220
WORK MAY NOT PROCEED
CITY CLERK
DATE: jUL 0 8 2014
p ?D(-1 AGREEMENT BETWEEN UNIVERSITY OF CALIFORNIA, IRVINE AND CITY
(so,^dy`�-‘"'� OF SANTA ANA, SANTA ANA POLICE DEPARTMENT FOR
EVIDENCE COLLECTION SERVICES FOR CHILD ABUSE VICTIMS
THIS AGREEMENT("Agreement")is made and entered into this 1st day of July, 2024 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, 2024
through June 30, 2025 ("Master Agreement").
B. In connection with the Master Agreement, the City desires to retain U iI 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.
D. UCI represents that services performed by UCI under this Agreement will be
performed 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:
• 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 the child
UCI agrees to provide the following services (collectively, `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
Orange CAST facility. Exam shall include digital imaging of injuries and physical
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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 SAPD investigator assigned to the case at the conclusion of that examination. Digital
photographs will be available upon request to SAPD 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
The City agrees to reimburse UCI at the rates reflected in Table 1 —Compensation(below):
Table 1 -Compensation
07/1/2024
through
Name and Description of Service 06/30/2025
Non-acute Exam
Exam any time after an incident without the collection of forensic evidence. $850
Acute Exam
Exam up to 10 days after incident, with potential for forensic evidence collection
at discretion of examiner. $1,000
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The total amount of compensation payable by City under this Agreement shall not exceed Forty-
Nine Thousand Five Hundred Dollars ($49,500) in total over the term of this Agreement. Should
the total exceed$49,500 over the term of this Agreement,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 Agreement.
3. BILLING:
a. UCI CAST Office Coordinator will invoice the City after services have been
rendered.
b. The City will remit payment within thirty (30) days from the date on the invoice
to thefollowing 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 July 1, 2024 and terminate on June 30, 2025,
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 be provided 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. City, at its sole cost and expense, shall insure its activities in connection with this
Agreement 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:
(a) Each Occurrence $ 2,000,000
(b) General Aggregate
(Not applicable to the Comprehensive form) $ 5,000,000
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However, if such insurance is written on a claims-made form following
termination of this Agreement 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 Agreement.
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 City'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.1., 2., 3. and 4. shall not in any way limit the liability of City.
City,upon the execution of this Agreement shall furnish UCI with Certificates of
Insurance/Self-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 Agreement 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
(b) General Aggregate $ 5,000,000
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If insurance s written om a claim made form, following termination of the
Agreement, 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 Agreement.
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 the City 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 Agreement, shall furnish the City with
Certificates of Self-Insurance evidencing compliance with all requirements.
Certificates shall further provide for thirty(30)day advance written notice to City
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
concurrent negligence of both Parties, or their officers, agents, or employees, and
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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, national origin, ancestry, or disability, as defined and prohibited by
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applicable law,in the recruitment, selection, training,utilization, promotion, termination or other
employment related activities. 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
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.
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 of termination.
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,
failure 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
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shall be determined and governed by the laws of the State of California.Both parties further agree
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.
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:
City Clerk
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
20 Civic Center Plaza(M-97)
PO Box 1988 PO Box 1988
Santa Ma, 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
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UCI Peds Dept—ASAPD-Evidence Collection Services Agmnt for Child Abuse Victims--Eft.07-01-2024
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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,
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.
ATT ST CITY OF SANTA ANA
. zdjet.t.
-'k ' IFF' or ALL r-u
�, ALVARO NUlVEZ
Ci Cle I Acting City Manager
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:
SONIA R. CARVALHO
City Attorney
By:
TAMARA BOG SIAN ROBERT RODRIGUEZ
Senior Assistant City Attorney Acting Chief of Police
UCI lawdolAtitokal June 24, 2024
RANDOLPH SIWABESSY, SVP &CFO
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UCI Peds Dept—ASAPD-Evidence Collection Services Agmnt for Child Abuse Victims—Eff.07-01-2024
CERTIFICATE OF
_SELF-INSURANCE Date: June 15,2024
S
PRODUCER/INSURED
The Regents of the University of California This Certificate is issued as a matter of information only to authorized viewers for
Office of the President their internal use only and confers no rights upon any viewer of this Certificate.
Office of Risk Services The Certificate does not amend,extend or alter the coverage described below.
1111 Franklin St., 6th Floor This Certificate may only be copied, printed and distributed by an authorized
Oakland, CA 94607-5200 viewer for its internal use. Any other use,duplication or distribution of the
510-987-9832 Certificate without the written consent of the Regents of the University of California
isprohibited.
0 q!qgykA�
-A h-11111P TICIPATION
CW&FR1COMPANYLIETTER The RReegents of the Universpity`of Cal if rnnia 100%
THIS IS TO CERTIFY THE REGENTS OF THE UNIVERSITY OF CAI IF.),' IG A� FemEP V e o SELF-FUNDED
RETENTION FOR LIABILITIES DESCRIBED BELOW, NOTWITHSTANDIN', At Y REQUIREMENT, TERM OR CONDITION OF ANY WRITTEN
CONTRACT OR OTHER
DOCUMENT WITH RESPECT f
DO
� 1jY T TO) O ALL TOISOSS OF THE AND S N OF�� 7 E 'WDOE B H HDOESDVOT SONS WHICH ITS
OF ENT Y
CO TV IN CE P MB POLII 1'E'rECTIVE DATE P 1aN TE07- L ITS
LTR _ • •
` GENERAL LIABILITY I GENERAL AGGREGATE $ Not applicable
x COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 5.000,000
CLAIMS MADE 9OCCURRENCE, Self-Insured July 1,2024 July 1,2025 PERSONAL&ADV INJURY $ 5.000,000
CONTRACTUAL LIABILITY $ 5.000.000
EACH OCCURRENCE $ 5,000,000
I$
UTUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Not applicable
A �—ANY AUTO
I X ALL OWNED BODILY INJURY $ 2.500,000
AUTOS (PER PERSON)
SCHEDULED Self-Insured July 1,2024 July 1,2025
AUTOS
X HIRED AUTOS BODILY INJURY $ 2,500,000
(PER ACCIDENT)
X NON-OWNED
AUTOS
GARAGE LIABILITY PROPERTY DAMAGE $ 2,500.000
PROPERTY EACH OCCURRENCE $ 10,000,000
X FIRE&EXTENDED PERILS Self-Insured July 1,2024 July 1,2025 AGGREGATE $ Not applicable
$
I
STATUTORY LIMITS
ORKERS'COMPENSATION AND Self-Insured July 1,2024 July 1,2025 EACH ACCIDENT $ As required by
EMPLOYERS LIABILITY ` California Law
DISEASE-POLICY LIMIT $ As required by
California Law
DISEASE-EACH EMPLOYEE$ As required by
California law
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
[ADDITIONAL COVERED PARTY-AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH RESPECT TO GENERAL LIABILITY
[AND AUTOMOBILE LIABILITY
LOSS PAYEE-AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH RESPECT TO PROPERTY COVERAGE
I
,CERTIFICATE HOLDER CANCELLATION
)APPLICABLE PARTY AS REQUIRED BY WRITTEN CONTRACT SHOULD THE REGENTS ELECT TO DISCONTINUE SELF-INSURING ITS
OR AGREEMENT LIABILITIES,THE REGENTS WILL UPDATE PROOF OF SELF-INSURANCE ON ITS
WEBSITE. THE REGENTS SHALL NOT BE OBLIGATED TO PROVIDE INDIVIDUAL
NOTICE TO VENDORS OR OTHERS.
BY /
oR N YF Risk Mougmumt isi�
%JiIL z REVIEWED&APPROVED BY:
® Risk Management Specialist
KEVIN CONFETTI, AVP &CHI
No: 1973284434 Return Address
This Certificate is provided to: UC Irvine Health
City of Santa Ana-Risk Management-Human Resources 101 The City Drive South
Department Orange, CA 92868
20 Civic Center Plaza
Santa Ana CA 92701
UNIVERSITY OF CALIFORNIA
EVIDENCE OF SELF-INSURANCE
PROFESSIONAL LIABILITY & HOSPITAL LIABILITY
Type of Coverage Self Insured Limits
I. PROFESSIONAL MEDICAL AND HOSPITAL LIABILITY: s,000,000 Each Occurrence
s,000,000 Aggregate
II. SPECIAL TERMS&CONDITIONS: .•• 0 0 0 0 •••
1. This certificate is not valid for use by individuals and is only intended to evidence the self insurance of The
Regents of the University of California for institutional exposure as opposed to individual exposures.
2. The self insurance evidenced herein follows the provisions of the Bylaws and Standing Orders of the
Regents of the University of California and self insurance programs as administered by the University of
California, Office of the President, Office of Risk Services, which do not permit any assumption of liability
which does not result from and is not caused by the negligent acts or omissions of its officers, agents, or
employees. Any indemnification or hold harmless clause with broader provisions than required under such
Bylaws and Standing Orders shall invalidate this certificate.
3. This certificate is in effect until the expiration date indicated below or termination of applicable contract,
affiliation agreement or termination of University employment, whichever comes first.
Should any of the above described program of self-insurance be materially modified or cancelled before the
expiration date shown below, The Regents of the University of California will give 30 days written notice to the
certificate holder.
Effective Date:07/01/2024 Julie Ann Schneider
101 The City Drive
Orange CA 92868
Expiration Date:07/01/2025 Approval Date:6/26/2024
This Certificate is issued as a matter of information only and confers no rights upon the certificate holder. The Certificate does not
amend, extend or alter the coverage described above. This certificate does not constitute a contract between the holder and the
University of California
oR,N F RiskManagmumtDMslcrn
a� REVIEWED&APPROVED BY:
tq �ceva�o
— J Risk Management Specialist
Form:PL Institutional 0914 NJ