HomeMy WebLinkAbout25D - AGMT SEX ASSAULT EVIDENCE SVCSREQUEST FOR 4 -
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 21, 2017
TITLE:
APPROVE AN AGREEMENT WITH
AHMC ANAHEIM REGIONAL
MEDICAL CENTER TO PROVIDE
SEXUAL ASSAULT EVIDENCE
COLLECTION SERVICES TO THE
POLICE DEPARTMENT
{STRATEGIC PLAN GOAL NO. 1, 1D}
9�
CITYVANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1n Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute a three-year agreement with
AHMC Anaheim Regional Medical Center for the period of October 1, 2017 through September
30, 2020, to provide sexual assault victim examinations and evidence collection for the Police
Department, in the annual amount of $61,983, for a total three-year agreement amount not to
exceed $185,950, subject to non -substantive changes approved by the City Manager and City
Attorney.
DISCUSSION
The Police Department uses the services of the AHMC Anaheim Regional Medical Center to
conduct sexual assault examinations and evidence collection for adult victims and suspects.
AHMC Anaheim Regional Medical Center is the only facility in Orange County that has a 24/7
sexual assault examination unit (The Safe Place). All other Emergency Departments and Medical
Centers in Orange County refer patients to The Safe Place. Results from these tests and
evidence collection are necessary for the prosecution of criminal cases. AHMC Anaheim
Regional Medical Center evidence collection and examination procedures are consistent with
those expected by the District Attorney's Office to ensure best evidence practices are followed,
and that privacy concerns of victims are adequately safeguarded. The Police Department has
utilized AHMC Anaheim Regional Medical Center for these purposes since 1995.
The costs for the services are $800 per victim examination, rising to $850 per exam beginning
May 1, 2018, and $350 for court testimony. The agreement will include $61,983 per fiscal year,
for a total not to exceed agreement amount of $185,950 for the three-year term.
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Agreement with AHMC Anaheim Regional Medical Center
November 21, 2017
Page 2
STRATEGIC PLAN ALIGNMENT
This item's approval allows the City to meet its 5 -Year Strategic Plan Goals; specifically, it
supports Goal #1 — Community Safety, Objective #1 (modernize the Community Policing
Philosophy to improve customer service, crime prevention, and traffic/pedestrian safety),
Strategy 'D' (establish and implement a plan to partner with community service organizations and
other community groups to conduct awareness, intervention, and prevention of child abuse,
domestic violence and driving under the influence of alcohol and/or drugs).
FISCAL IMPACT
Funds for this agreement are available in the Criminal Investigations Division — Contract Services
account (no. 01114435 62300) for the following fiscal years:
FY 2017-18
46,487
FY 2018-19
61,983
FY 2019-20
61,983
FY 2020-21
15,497
Total
185,950
avid'
Acting Chief of Police
Santa Ana Police Department
APPROVED AS TO FUNDS AND ACCOUNT:
Francisco Gutierrez k)jL
Executive Director
Finance and Mgt. Svcs. Agency
Exhibit: Agreement with AHMC Anaheim Regional Medical Center
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Exhibit 1
AGREEMENT FOR EVIDENCE COLLECTION SERVICES FOR ALLEGED SEXUAL ASSAULT VICTIMS
THIS AGREEMENT FOR EVIDENCE COLLECTION SERVICES FOR ALLEGED SEXUAL ASSAULT
VICTIMS (this "Agreement") is entered into as of October 1, 2017 (the "Effective Date") between AHMC
Anaheim Regional Medical Center LP, a California limited partnership d/b/a AHMC Anaheim Regional
Medical Center ("Hospital'), and Santa Ana Police Department (the "Department'), with respect to
certain Sexual Assault Response Team "SART" services.
WHEREAS, the Department requires the collection of clinical evidence with respect to certain
victims of alleged sexual assault, but does not have the capability to do so;
WHEREAS, Hospital is a general acute care hospital located in Anaheim, California that maintains
a specialized area for the performing of sexual assault examinations ("SART Exams"):
WHEREAS, the Department desires to engage Hospital to conduct SART Exams, and Hospital is
willing to accept such engagement;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises set forth
herein, the parties agree as follows:
1. Hospital Responsibilities and Services.
1.1. SART Exam Room. Hospital shall provide a designated exam room for SART Exams and a
secure site for the colposcope and evidence, known as the "SART Exam Room" or the
"Safe Place". Hospital shall furnish, repair, and maintain the SART Exam Room in a
manner consistent with its purposes as an examination area for SART services situated
within an acute care hospital environment. The SART Exam Room shall remain locked
when not in use by authorized SART personnel and its contents shall be organized
according to SART protocols, policies, and procedures.
1.2. Examination. Hospital agrees to provide approved SART Exams to alleged sexual assault
and rape victims for evidence, including videotaped colposcopic examination and
photographs. SART Exams will be conducted by appropriately licensed and trained
personnel competent in the use of the SART Exam equipment and the interpretation of
findings.
1.3. Release of Evidence. Hospital will release all evidence collected during the SART Exam,
including the videotape of the colposcopic examination and specimens, at the end of
the SART Exam in accordance with all statutes and regulations, including established
SART protocols and procedures, and Hospital will support the chain of custody.
1.4. Testimonv. Hospital agrees to provide competent testimony as requested by the
Department upon receipt of an appropriate summons or subpoena.
1.5. Hospital Registration. SART Exam patients will be registered as Hospital patients in
accordance with Hospital policy for registration, in a manner that protects the privacy
and confidentiality of SART Exam patients. Hospital shall utilize a unique process at
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registration for SART Exam patients to ensure that Hospital does not generate billing
statements for SART Exam patients.
1.6. Non -SART Exam Medical Care. In the event SART Exam patients require additional
treatment or services beyond the scope of the forensic medical SART Exam that is the
subject of this Agreement, the patients will be registered and treated separately from
the SART Exam and be subject to Hospital's normal procedures, including billing.
2. Rates: Invoice: Payment. In exchange for the SART services to be provided by Hospital pursuant
to Section 1 above, the Department shall compensate Hospital as follows:
2.1. SART Exam. Eight Hundred Dollars ($800) for each SART Exam. Beginning May 2018:
Eight Hundred and fifty Dollars ($850) for each SART Exam.
2.2. Dry Run. Two Hundred Dollars ($200) for each Dry Run. For purposes of this Agreement
"Dry Runmeans the dispatching by Hospital of a forensic nurse to conduct a SART
Exam and, through no fault of Hospital, the patient changes the patient's mind, refuses
to permit the SART Exam, does not want the SART Exam, or does not permit the forensic
nurse to conduct the SART Exam.
23. Testimony. Three Hundred Fifty Dollars ($350) for testimony.
2.4. Payment. Hospital will invoice the Department on a monthly basis and the Department
shall remit payment to Hospital within thirty (30) days after receipt of Hospital's invoice.
Payment for services hereunder shall not exceed $185,950 over the three year Term of
the Agreement.
2.5. Adjustment of Rates. The Department acknowledges and agrees that Hospital is
entitled to increase the rates set forth in this Section 2 at any time and from time to
time as a result of increased costs to Hospital relating to services provided under this
Agreement, including without limitation increases in costs to Hospital resulting from
increased rates charged Hospital by forensic nurses engaged by Hospital to conduct
SART Exams. Hospital will use reasonable efforts to provide the Department at least ten
(10) days prior written notice of any increase in rates as provided for herein.
3. Term; Termination.
3.1. Term. This Agreement will be for an initial term of three (3) years commencing as of the
Effective Date. The term of this Agreement may be extended, but only upon mutual
written agreement of the parties.
3.2. Termination. Either party may terminate this Agreement without cause at anytime
during the term of this Agreement by providing the other party at least thirty (30) days
prior written notice of termination.
4. 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
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party or its employees, officers or agents. The provisions of this Section 4 shall survive the
termination of this Agreement.
5. Confidentiality 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. Hospital and the Department shall comply with all
federal and State laws and regulations regarding the confidentiality of such information,
including without limitation the Health Insurance Portability and Accountability Act of 1996 and
the regulations promulgated thereunder, the California Confidentiality of Medical Information
Act, and the Confidentiality of Alcohol and Drug Abuse Patient Records regulations, all as
amended from time to time.
6. Anti -Referral Laws. Nothing in this Agreement, or any other written or oral agreement, or any
consideration in connection with this Agreement, contemplates or requires, or is intended to
induce, the admission or referral of any patient to or the generation of any business for Hospital
or the referral of any patient to any physician.
7. Non -Discrimination. The parties will not unlawfully discriminate against any individual based on
race, color, religion, nationality, gender, sexual orientation, age, condition of disability, or any
other protected class.
8. Relationship Between the Parties. It is expressly understood that in the performance of this
Agreement the parties each act in an independent capacity and not as partners, joint venturers,
agents or any other relationship of a similar nature.
9. Severability. The parties agree and acknowledge that if any provision of this Agreement is
determined to be illegal or unenforceable, such determination shall not affect the balance of
this Agreement, which shall remain in full force and effect and such invalid provision shall be
deemed severable.
10. Entire Agreement; Modification. This Agreement contains the entire understanding of the
parties with respect to the subject matter hereof and supersedes all prior agreements, oral or
written, and all other communications between the parties relating to such subject matter. This
Agreement may not be amended or modified except by mutual written agreement.
11. Counterparts. This Agreement and any amendment hereto may be executed in counterparts,
and signatures exchanged by facsimile or other electronic means are effective to the same
extent as original signatures.
12. Notices. All notices hereunder shall be in writing and delivered to the party to whom such
notice is directed at the address, facsimile number or electronic mail address set forth on the
signature page hereof.
13. Non -Exclusivity. This Agreement is not exclusive, and nothing herein shall preclude either party
from contracting with any other person or entity for any purpose.
[SIGNATURE PAGE FOLLOWS]
25D-5
25D-6
[SIGNATURE PAGE TO AGREEMENT FOR EVIDENCE COLLECTION SERVICES FOR ALLEGED SEXUAL
ASSAULT VICTIMS]
HOSPITAL:
AHMC ANAHEIM REGIONAL MEDICAL CENTER LP
d/b/a AHMC Anaheim Regional Medical Center
Name: Richard Castro
Title: Chief Executive Officer
Address for Notices:
AHMC Anaheim Regional Medical Center
1111 W. La Palma Ave.
Anaheim, CA 92801
Attn: Richard Castro
Fax:714 999 6027
Email:rcastro@ahmchealth.com
DEPARTMENT:
Santa Ana Police Department
By: See next page
Name:
Title:
Address for Notices:
60 W. Civic Center
Santa Ana, CA 92701
Attn:
Email:
5
25D-7
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARV
City Aorney
51
TAMARA BOGOSIAN
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
DAVID VALENTIN
Acting Chief of Police
CITY OF SANTA ANA
Raul Godinez II
City Manager
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