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AGREEMENT WITH CALIFORNIA FORENSIC PHLEBOTOMY INCORPORATED AND
THE CffY OF SANTA ANA FOR BLOOD TECHNICIAN SERVICES
THIS AGREEMENT is made, and entered into on this 4ffi day of February 202' ), by and between,
0 California Forensic Phlebotomy Incorporated ("Consultant"), and the City of Santa Ana, a charter city
Kariv) ocv) and municipal corporation organized and existing under the Constitution and laws of the State of
California ('City").
RE!QITALS
A. The City desires to retain a Consultant to provide blood technician services for the Santa Ana
Police Department ("SAPU) on an on -tall basis.
B. Consultant is the sole service provider for forensic phlebotomy services in Orange County. and is
the current provider for blood and breath technician services for all Orange County law
enforcement agencies. These technicians are responsible for drawing blood in a medically -
approved manner, retaining these items through an evidentiary -approved process and relinquishing
them to the Orange County Crime Lab for analysis. The Santa Ana Police Department will rely on
Consultant to take blood samples from individuals that have been involved in incidents where
drugs and/or alcohol are suspected.
C. Consultant represents that it is able and willing to provide such services to the City. In undertaking
the performance of this Agreement, Consultant represents that it is knowledgeable in its field and
that any services performed by Consultant under this Agreement will be performed in compliance
with such standards as may reasonably be expected from a professional consulting film in the field,
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
Consultant shall perform during the term of this Agreement, the tasks and obligations including
all labor, materials, tnnlq, eqiiipme.w., and incidental maigtornary work required to fully and adequately
complete the services described and set forth in Scope of Work - Exhibit A, attached hereto and
incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City,
the rates and charges identified in Compensation - Exhibit B. The total amount to be
expended during the term of this Agreement shall not exceed $64,520 which includes a $5,000
contingency fee.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. City and Consultant agree
that all payments due and owing under this Agreement shall be made through Automated
Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH
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Vendor payment Authorization and provide required documentation. Upon verification of the
data provided, the City will be authorized to deposit payments directly into Consultant's
account(s) with financial institutions. payment need not be made for work which fails to
meet the standards of peri`armance set forth in the Recitals which may reasonably be expected
by city.
3. TERM
This Agreement shall commence on March 5, 2025 through Marsh 4, 2026, unless terminated
earlier its accordance with Soction 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an indopendent
Consultant Bud 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 manor in which Consultant parforms, the services which are
the subject matter of this Agreement; however, the services to be. provided, by Consultant shall be provided
in a mannor consistent with all applicable standards and regulations governing such see vines. Consultant
shall pay all salaries and wages, employer's social security taxes, unemployment insuranoo and similar
taxes. rolating to employees and shall be. responsible for all applicable, withholding taxes.
S. OWNERSHIP OF MATERIAL'S
This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, ditwings, estimates, and. other documenta or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical -drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ("Doemnents & Data'l. Consultant shall require .all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & data the
subcontractor prepares under this Agreement. Consultant reprosents and warrants that Consultant has the
legal right to license any and all Documents & Do& Consultant makes no such ' reprosentation and
warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not
be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the. purposes intended by this Agreement shall be at City's solo risk.
G. INSURANCE
Consultant shall procure and maintain for the duration of the contract insuranbe against claims for
injwius'to persons or dwmsgos to property which may arise from or in oomoction with the performance
of tho work hereunder and the results of that work by the Consultant, his agents, representatives,
employees or subcontractors.
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MINIMUM SCOPE .AND LIMIT OF INSURANCE
Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at
least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering COL
on. an "occurrence" basis, including products and completed operations, property damage, bodily
Wury and personal & advertising injury with limits no less than $1,000,000 per occurrence and
$2,000,000 aggregate.
• Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any
auto), with combined single limits of $1,000,000. In the event Consultant does not maintain
commercial automobile liability insurance, City will accept evidence of personal automobile
insurance with eAsting limits, which can be lower than $1,000,0Q0,
• Workers' Compensation (W1C): 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, per employee,
per policy for bodily injury or disease. This requirement can be waived if Vendor has no
employees.
if Consultant maintains broader coverage anchor higher limits than the minimums shown above, City
requires and shall be entitled to the broader coverage and/or the higher limits maintained by
Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance
and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
l . COL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees,
agents, and volunteers are to be cowered as additional insureds with respect to liability arising
out ofwoxk or operations performed by or on behalf of the Permittee including materials,
parka, equipment, and personnel furnished in connection with such work or operations.
2. All required insurance policies: insurance company(ies) agrees to waive all rights of
subrogation against City, its City Council, its officers, officials, employees, agents, and
volunteers for losses paid under the terms of any policy which arise from work performed by
permittee for City.
3. All required insurance policies: For any claims related to this contract, Pertnittee'a insurance
coverage shall be primary and any insurance maintainod by City, its City Council, its
officers, officials, etuptoyees, agents, or volunteers shall not contribute with it.
4. All required insurance policies: A severability of interest provision must apply for all the
additional insureds, ensuring that Permittee°s insurance shall apply separately to each insured
against whom a claim is made or suit is brought, except with respect to the insurer's limits of
Iiability.
S. Mach insurance policy required herein shall provide that coverage shall not be canceled,
suspended, voided, reduced in coverage or in limit's, non -renewed by the carrier, or
materially changed except after thirty (30) days prior written notice has been given to City.
Ten (10) days prior written notice shall be provided to City for policy cancellation or non -
renewal due to non-payment,
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6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
Attention: (Name of Department Staff Responsible for Agreement), Address of.Department
Responsible for Agreement, M.XX, Santa Ana, CA 92701. The name and location of event
should be included in the Description of Operations section of each certificate, .
Sell -insured Retentions
Self -insured retentions must be declared to and appxoved by the City. City may require Consultant 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.
Acceptability of Insurerrs
Insurance is to be placed with insurers authorized -to conduct business in the state of California with
a erurent A.M. Best rating ofno less than ANII, unless otherwise. acceptable to City.
Verification of Coverage
Parmittee shall furnish. City with original Certificates of Insurance including all required amendatory
endorsements (or copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the COL policy listing all policy
endorwments to Entity before work begins. However, fhiture to obtain the required documents prior
to the work beginning shall not waive Pennittee's obligation to provide then. City reserves the right
to requirecomplete, certified copies of all required insurance policies, including endorsements
required by these specifications, at any time.
Claims Made Policies
If any of the required policies provide oovera,go on a claims-mado basis:
1. The retroactive date must be shown and roust be before the date of the contract or the beginning of
work.
2. Insurance must be maintained and evidence of insurance must be provided for at least tbree (3)
years after completion 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, Company must purchase "extended
reporting" coverage for a minimum of three (3) years after completion of work.
Subcontractors
Consultant shall require and verify that all snub -contractors maintain insurance meeting .all
the requirements stated herein, and Consultant shall .onsure that City .is an additional
insured on insurance required frown sub -contractors.
Special Risks or Circumstances
City reserves the right 0 modify these requirements, including limits, based on the nature of the risk,
prior experience, insurer, coverage, or other special circumstances.
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Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
employees, contractors, special counsel, and representatives from liability; (1) For personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the negligent operations
oftheC:onsultant, its subcontractors, agents, employees, or other persons acting on its behalfwhich relates
to the services described in section 1 of this Agreement; and (2) from any claim that personal injury,
damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or
effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for
damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
'rim this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreementor asserting that personal injury,
damages,just compensation, restitution, judicial or equitable relief due to personal or property rights arises
by reason of the terms of or effects arising from this Agreement, City may make all reasonable decisions
with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent
Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to
the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall Weird and indemnify the City, its officers, agents, representatives, and employees
against any and all liability, including costs, for inffingement of any United States, letters patent,
trademark, or copyright iuMngamcnt, including costa, contained in the work product'or documents
provided by Consultant to the City pursuant to this .Agreement,
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed render this
Agreement. Consultant 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 bylaw, from the date of final payment
to Consultant under this Agreement. All such records and invoices shalt be clearly identifiable.
Consultant shall allow a representative of the City to examine, audit, and make transcripts or coples of
such records and any other documents created pursuant to this Agreement during regular business hours.
Consultant 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 Consultant under this
Agreement,
10. CONFII)ENTIALITY
if Consultant receives from the City Information which due to the naturo of such information is
reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or
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disclose such information except in the porformanco 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 cage. "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 Agmement, 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 Consultant disclosed in a publicly available source; (c)..is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by
-operation of. law; or (e) is independently developed by the Consultant without referenoo to information
disclosed by the City.
11. CONFLICT OF IN'T)l REST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services speviflod under this
Agreement.
12. NON-DISCMMItNATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, gender identity, gender expression, gender, medical conditions, genetic information., or
military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other
employment related activities or any services provided under this A.groent. Consultant affirms that it is
an equal opportumity employer and shall comply with all applicable federal, state and local laws and
.regulations.
13. EXCLUSI('VITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant,
and supersedes any and all other agreements, oral or written, between the parties. In the event of'a conflict
between the terms ofthis Agreement and any attachments hereto, the team 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 Consultant. The parties agree that any terms or conditions of -any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
obligate Consultant or the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting
on behalf of any party, which is not embodied herein.
U ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall bo construed to litnit
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the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other Consultants retained by City,
18. TERMINATION
This Agreement :may be terminated by the City upon thirty (50) days written notice of termination.
In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for
all services performed by Consultant prior to receipt of such notice of termination, subject to the following
conditions:
8. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product(s) completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Consultant consents
to the City's use thereof for such purposes as the City deems appropriate,
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
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 mnedy. 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. V V.4F11SDIC ION r 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 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
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hercmder 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. Consultant 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. 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 is person or mailed by first class or
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certified mail, postage prepaid, or sent by flix or other telegraphic corimiLtuication iri the mariner provided
in (:his Section, to the followilig persolis:
City Clerk
City of Santa Arta
20 Civic Center Plaza (1v1-30)
P.0, Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With Courtesy copies to:
Chief of Police
City of Santa Aria
20 Civic Ccuter Plaza (M-96)
11.0Bc)x 19,1118
Santa Alm, California 92702
To Consultant:
California Forensic Phlebotomy Incorporated
5753. E. Santa Ana Canyon Road, Suite G-553
Anaheim Hills, ("A 92807
Fax: (949) 203-2 133
A party may change its address by giving notice iii writing to the other party. Thereafter, any
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communication shall be addressed and tratisruitted to the new address. if sent by trail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the Utifted
States mail, duty I'C(JC,iStered Or certified, with postage prepaid, and addressed as set forth above, Ifserlt by
f'(IX, COITUTIL1111cation shall be effective or deemed to have been given twenty-four (24) hours after the time
set forth ou the transmission report issued by the tratismirting facsimile machine, addressed ,,is set Forth
above. For purposes Of CIL11CUlating these time frarries, weekends, federal, State, COUMV or City holidays
shall he excluded.
20. MISCELLANEOUS PROVISIONS
Each undersigned represents and warrants that its signature herein below has the power,
authority and right. to bind their respective pat -ties to each of the terms of this Agreement,
alid shall indemnify City futly, illCludirig reasonable costs and attorney's fees, for at)y
injuries or damages to City in the event that 9LIC11 authority or power is not, in fact, field by
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the signatory or is withdrawn.
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All Exhibits referenced herein and attached hereto shall he inc orporated as iffutly set forth
in the body ofthis Agreen-ient,
IN WITNESS WHERE -OF, dic parties hereto have executed this AgreCAM111 d1C (IMC 111d YOM' fiPqt 2b0VC
written.
ATTI-�'IST.
F, I� I I I A L
APPROVED AS TO 1"OR'M:
SOMA R. CAM,ALIJO
(1.7ity Attorney
13Y
TA I�.l IAN
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL,-
ROBERT RODRI(',ivaE
A�
chiefol'Pohce
ALVARO NUNEZ
City'lvianalter
CALIFORNIA FORENSIC
PHLEBOTOMY
'y
m
P a g e 9
11"' FI 14 1 A C
FORENSIC
metre') MFILEBO"I"OMY
INCORPORATED
MMMIMI
SCOPE OF WORK
5 753 E, &irla Ana Cyn Rd Suite G-553
Anaheim Hills, CA 92807
e-mail t,vf)g�i+ Mc,,aliforriiaforarisicphleboloiny com
24 Hour Technician Response 714,529,0515
Fit' ministiation 949.309.2459
Nax 949.203,2133
Contractor to provide ernployees who shall always remain available or) an on -call basis, seven
(7) days per week, twenty-four (24) hours per, day, three hundred sixty-five ( 365) a year, and
agree to said ernployees to conduct tests identified in the City agreerrient, as requested, Locations
fore taking of blood samples shall include, but riot firnited to: Sarita Ana Police Departryient, local
hospitals, Orange County Jail, field locations in and around the City of Santa Aria Contractor's
employees will maintain chairs of possession, transport, and relinquish sarnples to the Orange
County Sheriff's (,',rirne Laboratory, Contractor's erriployees inay also transport Urine samples to
the Orange County Sheriffs Criryie Laboratory as requested by witnessing officer,
Contractor to provide related ernployees to appear and conduct requested tests within forty-five
(45) minutes of such request. Contractor to provide twenty-four, (24) access to a supervisor to
rernedy any problerns or questions that rinay arise Contractor to provide medical supplies and
equipment newssary to conduct tests at no cost to the City. Contractor to provide transportation
for employees at no Cost to the City.
C,ontractor's errir4oyees, upon request of the City andlor the Orange COUnty' District Attorney,
shall appear in court or any other designated location, at no additional cost, for the purpose of
discussion or testirriony concerning collecting of sarnples Contractor's said employees agree to
appear in court at the bryie designated by the City and/or the Orange Courity District Attorney.
The City and/or the District Attorney will provide at least two (2) hours' notice to such appearance
In addition to applicable laws, all blood Sample collection and subsequent 1'randling shall be
conducted in accordance with direi.,,,tion and procedures prescribed by the Orange COUl"Ity Sheriff
Department Forensic Sciences Services Division. ONy employees of the Contractor, deemed
acceptable by the City, hereunder Shall perform services, the City will refuse to permit blood
samples to be collected by any employee of Contractor considered, by the City ir",i its sole
discretion, to be unacceptab&e
Ail blood samples Shall, be refrigerated immediatety and deposited b�f the Contractor at the County
of Orange' s refrigerated blood locker within (6) hours of withdrawal Contractor to provide at
C'ontractors expense, Supplies necessary to ensure that blood Samples are properly refrigerated
as directed by the Orange County Sheriff Department Forensic Science Services Division
EXHIBIT B
C17Y CF SAt+ TA ANA
Blood Iirawian and iVtdence OUotodian gervioeo
03/05/2026 to 03/0412028 03/06/2026 to 03/0412027 Q3/0612027to 03/04/2028
Period t Period 2 Period 3
$124.00 Bar draw $137,00 ear draw $16L00 per draw
Checkpoints
0310812Q26 to 03104/2026
Period 1
03/05/2026 to 03/0412027
period 2
031061202710 0310412028
Period 3
$M0Q per hour
137.00 per hour
$151.00 per hour
Court Appearances
(Upon res t by City or MOW Atlternayf
03/06/2026 to 03104/2026
03/06/2028 to 03IM2027
0310812027 to 0310412028
Period I
Period 2
Period 3
No charge, including employee on,
No charge, including omployee on
No charge, Including employee on
callfor court
I cat( for court
I call for court