AGREEMENT FOR FORENSIC EXAMINATION SERVICES by FORENSIC NURSE SPECIALISTS, INC.
This Agreement for Forensic Examination Services is made and entered into as of the 1st day of October, 2022 (the “Effective Date”), by and between FORENSIC NURSE SPECIALISTS , IN C., a California corporation doing business as FORENSIC NURSE SPECIALISTS, INC (“FNS”), a privately owned professional corporation, and the CITY OF ANAHEIM , a California Municipal Corporation (“City”), on behalf of Anaheim Police Department (“Department”), with respect to the following:
WHEREAS, 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 victi m of sexual assault with an examination by a qualified healthcare professional would be a violation of the California Penal Code;
WHEREAS, 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 Department desires to contract such services from FNS; and
NOW, THEREFORE, in consideration of the mutual promises, covenants , and conditions contained herein, the parties hereto agree as follows:
1. Services. FNS agrees to provide the following services (collectively, the “Services”) to the Department:
1.1. Examination. FNS agrees to provide the Department approved forensic-medical exams 24 hours per day, 7 days per week (i.e. continuously) to sexual assault and other types of victims with a one hour response to a mutually agreed upon examination location.
The exam is to 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 CALOES (California Office of Emergency
Services).
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 subpoena).
1.5. Records. FNS shall keep an itemized record of all Services performed by FNS for Department under this Agreement, which records shall be made available within three (3) business days for inspection by the Chief of Police of Department.
2. Compensation. In exchange for the Services to be provided by FNS pursuant to Section 1 above, Department , through City, shall compensate FNS according Exhibit A “FEE SCHEDULE – 2022”. Services can be added at any time per Department request and at negotiated rates. In no event shall be compensation payable under this Agreement exceed Two Hundred Seventy Five Thousand Dollars ($275,000).
2.1. Rate Adjustment. Department acknowledges and agrees that FNS is entitled to adjust the rates set forth in this Section 2 , Exhibit A. All fee adjustments are subject to prior written mutual agreement of the parties. FNS shall use reasonable efforts to give Department at least sixty (60) days advance written notice of any increase or adjustment to rates.
3. Payment. FNS shall invoice Department monthly for all Services performed in each previous month. Department shall remit payment to FNS within forty - five (30) days of receipt of an invoice, unless Department reasonably disputes the validity or veracity of the information on the invoice. Department shall provide FNS with notice of any such disputed information or amount within thirty (30) days of receipt of an invoice.
4. Term. This Agreement shall be for a term of one y ear, commencing on the Effective Date and expiring on the first anniversary thereof (the “Initial Term”). This Agreement shall be renewable for up to two additional one (1) year terms upon the mutual written agreement of both parties hereto (each, a “Renew al Term” and together with the Initial Term, the “Term”).
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 claims, liability, loss, damages, costs, and expenses (including reasonable attorneys’ fees) caused, or alleged to be caused, by the negligence or wrongful acts or omissions of such indemnifying party or its employees, officers or agents. The provisions of this Section 5 shall survive the expiration or termination of this Agreement.
6. Insurance. FNS shall procure and mainta in at its own expense the following insurance:
6.1 Commercial General Liability Insuran ce in an amount not less than $2,000,000 per occurrence and $4,000,000 aggregate, written on an occurrence form.
6.2 Workers Compensation Insurance as requi red by California law and employer’s liability insurance in an amount not less than $1,000,000.
6.3 Comprehensive Automobile Liability Coverage including -as applicable-owned, non-owned, and hired autos, in an amount not less than $2,000,000 per occurrence.
6.4 Professional L iability or errors or omissions insurance in an amount not less than $2,000,000 per claim.
The City of Anaheim shall be named as an additional insured on the Commercial General Liability and Automobile Liability policies with respect to work performed by FNS pursuant to this Agreement.
7 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 su ch disclosure. FNS 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 (HIPAA) 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, medical condition, or any other classification protected by State or Federal law.
9 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.
10 Notices. Any notices required or desired to be given under this Agreement shall be in writing and personally delivered or deposited in the US Postal Service, first class.
Investigations Division Captain
Anaheim Police Department
425 S. Harbor Blvd
Anaheim, Ca 92805
Forensic Nurse Specialists, Inc.
C/O: Malinda Wheeler, President
10413 Los Alamitos Blvd.
Los Alamitos, CA 90720
(562) 430-6220
11 Assignment of Personnel. FNS shall assign only competent, licensed personnel to perform Services pursuant to this Agreement.
12 Independent Contractor. It is the intent of the parties that FNS is and shall remain an independent contractor, and FNS shall (i) comply in all material respects with all the laws, rules, ordinances, regulations and restrictions applicable to the Servi ces, and (ii) pay all federal and state taxes applicable to FNS, whether levied under existing or subsequently enacted laws, rules or regulations. The parties hereto do not intend to create an employee- employee or master -servant relationship of any kind. N either Department nor City shall in any way, at any time or for any purpose, become or be deemed to be a joint employer of FNS employees. FNS shall not at any time or in any manner represent that FNS employees are agents or employees of Department or City. FNS employees shall not be entitled to any sick leave, vacation, retirement, or other fringe benefits from Department or City; and FNS employees shall not be paid by Department or City time and one -half for working in excess of forty (40) hours in any one week. Neither Department nor City is under an obligation to without State and Federal tax deductions from compensation paid to FNS. FNS employees shall not be included in the competitive service, have any property right to any position, or any of the rights an employee of City of Department may have in the event of termination or expiration of this Agreement.
13 Governing Law. This Agreement shall be governed by the laws of the State of California.
14 Entire Agreement; Amendments. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agr eement may be amended or added to except by an agreement in wiring signed by the parties hereto.
15 Severability. In any paragraph, section, sentence, clause or phrase contained in this Agreement shall become illegal, null or void or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining paragraphs, sections, sentences, clauses or phrases contained in this Agreement shall not be affected thereby.
16 Counterparts. This Agreement may be executed by electronic or hard - copy signature and in any number of counterparts, each of which shall be deemed to be one an d the same instrument. The exchange of executed copies of this Agreement by facsimile, email or oth er electronic transmission will constitute effective execution and delivery of this agreement for all purposes. Signatures of the parties transmitted by such methods will be treated in all respects as having the same effect as an original signature.
17 Non-Liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City or Department shall be personally liable to FNS, or any successor in interest, in the event of any default or breach by City or Department, or for any amount which may become due to FNS or its successor, or for breach of any obligation of the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.
FORENSIC NURSE SPECIALISTS,
INC, (FNS) a professional
Corporation in the State of California
By:_
Name: Malinda Wheeler
Title: President
THE CITY OF ANAHEIM,
A MUNICIPAL CORPORATION
By_________________________________
Name:______________________________
Title:_______________________________
147017
EXHIBIT A- FEE SCHEDULE – 2022
Service Definition Rate
Sexual Assault Forensic
Exam
(All ages, reported or non-
reported cases to law
enforcement)
Evidence collection, clothing, DNA reference
samples, blood and urine toxicology, digital
photography, medical-forensic
documentation using state mandated
forms, healthcare treatment for STI
prevention, HIV prevention and pregnancy
prevention provided at the time of the
exam.
7.1.21 -CALOES REIMBURSES EACH
POLICE AGENCY $1127.00 PER EXAM
$1200.00
Mobile Trauma Exam A forensic exam conducted at any Orange 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
conducted on a case-by-case basis.)
$1400.00
Dry Run Department calls out the on-call 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.
$300.00
Domestic Violence/
Strangulation Exam (DAFE)
A forensic exam focused on body injury and
assessment with specific written and
photographic documentation on
strangulation injury.
$600.00
Testimony Expert witness testimony by the forensic
nurse upon receipt of subpoena form the
District Attorney’s office
$500.00/day
in court on
the stand