HomeMy WebLinkAbout25K - AGMT - SEXUAL ASSULT EVIDENCE COLLECTIONREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 2, 2012
TITLE:
RENEW AGREEMENT FOR
SEXUAL ASSAULT
EVIDENCE COLLECTION
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s` Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of Council to renew the attached agreement with Anaheim
Regional Medical Center to provide acute sexual assault exams and evidence, subject to non-
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Police Department uses the services of the Anaheim Memorial Medical Hospital to conduct
sexual assault examinations and evidence collection for adult victims and suspects. The costs for
services are $750 per victim exam, $200 per "Dry Run" which means a forensic nurse is dispatched
and through no fault of provider the victim changes his or her mind. Results from these tests and
evidence collection are necessary for the prosecution of criminal cases.
Anaheim Memorial Medical Center is the only facility in the county performing rape and sexual
assault examinations of adults for prosecution purposes. The Police Department has utilized their
services for these purposes since 1995.
FISCAL IMPACT
Funds are available in the Police Department's Crimes Against Persons fund Account (account no.
01114440 62300) in the Fiscal Year 2012-13 budget.
APPROVED AS TO FUNDS AND ACCOUNTS:
( L-
Paul M. Walters
Chief of Police
Police Department
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Francisco Gutierrez
Executive Director
Finance & Management Services Agency
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AGREEMENT FOR EVIDENCE COLLECTION SERVICES
FOR SEXUAL ASSAULT VICTIMS
This Agreement for Evidence Collection Services for Sexual Assault Victims is made and
entered into as of the 1 st day of July, 2012 (the "Effective Date"), by and between AHMC Anaheim
Regional Medical Center ("ARMC") and Santa Ana Police Department (the "Department"), with
respect to the following:
WHEREAS, Department requires the collection of forensic evidence with respect to certain
victims of sexual assault;
WHEREAS, Department does not have the capability to collect the aforesaid forensic
evidence internally;
WHEREAS, ARMC has ability to collect forensic evidence and Department desires to
purchase said services from ARMC;
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
contained herein, the parties hereto agree as follows:
1. Services. ARMC agrees to provide the following services (collectively, the
"Services") to the Department:
1.1. Examination. ARMC agrees to provide the Department approved forensic-
medical exams to sexual assault victims for evidence. The exam is to include digital imaging of
injuries and physical findings. The forensic examination will be conducted by medical personnel
who are competent in the use of the equipment and the interpretation of the findings.
1.2. Testimony. ARMC agrees to provide competent court testimony as requested
by the Department (upon receipt of summons or subpoena).
1.3. Evidence. All evidence collected during the examination, will be relinquished
at the conclusion of that examination. Digital photographs will be available upon request by
Department investigators.
2. Compensation. In exchange for the Services to be provided by ARMC pursuant to
Section 1, above, Department shall compensate ARMC as follows:
2.1. Examination. Seven Hundred Fifty Dollars ($750) for each examination.
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2.2. Dry Run. Two Hundred Dollars ($200) for each "Dry Run." For purposes of
this Agreement, "Dry Run" means the dispatching by ARMC of a forensic nurse to perform a case
and through no fault of ARMC's, the victim changes his or her mind, refuses to permit the
examination., does not want the examination, or does not permit ARMC's forensic nurse to conduct
the examination.
2.3. Rate Adjustment. Department acknowledges and agrees that ARMC is
entitled to adjust the rates set forth in this Section 2 of the Agreement at any time during this
contract, the subcontracted forensic nurses increase their rates charged to ARMC. Said adjusted rate
shall be for no more than is required to cover the increase in the subcontracted rate. ARMC shall use
commercially reasonable efforts to give Department at least thirty (30) days advance written notice
of any increase or adjustment to rates in accordance herewith.
3. Payment. ARMC shall invoice Department monthly for all Services performed in
each previous month. Department shall remit payment to ARMC within thirty (30) days of receipt
of an invoice.
4. Term. This Agreement shall be for a term of two (2) years, commencing on the
Effective Date and expiring on the second anniversary thereof (the "Initial Term"). This Agreement
shall be renewable only upon the mutual written agreement of both parties hereto (each, a "Renewal
Term" and together with the Initial Term, the "Term").
5. By signing this Agreement, ARMC 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.
6. This Agreement is not meant to prohibit the Department from utilizing the services of
other hospitals.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first written above.
ARMC ANAHEIM REGIONAL
MEDICAL CENTER, LP, a C '
limited partnership, doi usin(
AHMC ANAH IONAL
By:
SANTA ANA POLI CE DEPARTMENT
("DEPARTMENT")
By
Name:__D- Ul f ld .It}'111 o/ - Name:
Title: y1t) Title:
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AGREEMENT FOR EVIDENCE COLLECTION SERVICES
FOR ALLEGED SEXUAL ASSAULT VICTIMS
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on of
Date
Month
ATTEST:
CITY OF SANTA ANA
Clerk of the Council City Manager
APPROVED AS TO FORM:
J ?b N'l "-- ?-, ?t?Y Vt d
City Attorney
By:
J
Assistant City Attorney
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