Office of the Chief of Police
400 West Broadway Long Beach, CA 90802
(562) 570-7301
October 10, 2023
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager, or designee, to execute a contract, and any necessary documents including any necessary subsequent amendments, with Forensic Nurse Specialists, Inc., of Los Alamitos, CA, for Sexual Assault Response Team services, in a total annual amount not to exceed $60,000 for a period of three years, with the option to renew for two additional one-year periods, at the discretion of the City Manager. (Citywide)
DISCUSSION
City Council approval is requested to enter into a contract with Forensic Nurse Specialists, Inc., for providing Sexual Assault Response Team services . The Long Beach Police Department (LBPD) relies on the expertise of forensic professionals to perform examinations of victims and/or subjects when investigating sexual assault cases. Per California Penal Code 13823, these exams must be performed by a qualified healthcare professional, hospital, or other emergency medical facility.
Forensic Nurse Specialists, Inc., is the only vendor in the greater Long Beach area that provides forensic medical evidentiary examinations for child abuse, sexual assault, and domestic violence victims around the clock. They also have experts who conduct forensic interviews and provide reports that LBPD can use when filing cases with the District Attorney. Additionally, Forensic Nurse Specialists, Inc., provides expert testimony during criminal proceedings, and treatment for victims of sexual assault. The City of Long Beach (City) has contracted with Forensic Nurse Specialists, Inc., since July 1994, and they have proven to provide reliable and timely on-call nurses at a reasonable cost.
City Charter Section 180 1 requires that contracts for City purchases be awarded to the lowest responsible bidder after a competitive bid process but allows for awards without a competitive bid process when authorized by a Resolution adopted by the City Council.
This matter was reviewed by Deputy City Attorney Arturo D. Sanchez on September 20, 2023, Purchasing Agent Michelle Wilson on September 13, 2023, and by Budget Analysis Officer Greg Sorensen on September 19, 2023.
TIMING CONSIDERATIONS
City Council action to adopt a Resolution and award a contract concurrently is requested on October 10, 2023, to ensure the contract is in place expeditiously.
C-15
HONORABLE MAYOR AND CITY COUNCIL
October 10, 2023
LEVINE ACT
This item is subject to the Levine Act. The Mayor, Councilmembers, and Commissioners who have received a contribution of more than $250 within 12 months prior from a party, participant, or the ir representatives involved in this proceeding may do either of the following: (1) disclose the contribution on the record and recuse themselves from this proceeding; OR (2) return the portion of the contribution that exceeds $250 within 30 days from the time the elected official knew or should have known about the contribution and participate in the proceeding.
All parties, participants, and their representatives must disclose on the record of this proceeding any contribution of more than $250 made to the Mayor or any Councilmembers within 12 months prior to the date of the proceeding. The Mayor, Councilmembers, and Commissioners are prohibited from accepting, soliciting, or directing a contribution of more than $250 from a party, participant, or their representatives during a proceeding and for 12 months following the date a final decision is rendered.
FISCAL IMPACT
The total annual amount of the contract will not exceed $60,000 for a period of three years. This amount is currently budgeted in the General Fund Group in the Police Department. This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities. There is no local job impact associated with this recommendation.
SUGGESTED ACTION:
Approve recommendation.
Respectfully submitted,
WALLY HEBEISH
CHIEF OF POLICE
Attachment: Resolution
APPROVED:
THOMAS B. MODICA
CITY MANAGER
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT AND ANY
AMENDMENTS THERETO WITH FORENSIC NURSE
SPECIALISTS, INC. WITHOUT ADVERTISING FOR BIDS
FOR THE SEXUAL ASSAULT RESPONSE TEAM
SERVICES IN A TOTAL AMOUNT NOT TO EXCEED
$60,000 FOR A PERIOD OF THREE YEARS, WITH THE
OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR
PERIODS, AT THE DISCRETION OF THE CITY MANAGER
WHEREAS, City Council approval is requested to enter into a contract with Forensic Nurse Specialists, Inc. for providing Sexual Assault Response Team services; and
WHEREAS, the Long Beach Police Department (“LBPD”) relies on the expertise of forensic professionals to perform examinations of victims and/or subjects when investigating sexual assault cases and per California Penal Code 13823, these exams must be performed by a qualified healthcare professional, hospital, or other emergency medical facility; and
WHEREAS, Forensic Nurse Specialists, Inc. is the only vendor in the greater Long Beach area that provides medical evidentiary examinations for child abuse, sexual assault, and domestic violence victims around-the-clock; and WHEREAS, they also have experts who conduct forensic interviews and provide reports that LBPD can use when filing cases with the District Attorney; WHEREAS, additionally Forensic Nurse Specialists, Inc. provides testimony during criminal proceedings, as well as treatment for victims of sexual assault; and
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802-4664 WHEREAS, City has contracted with Forensic Nurse Specialists, Inc. since July 1994 and they have proven to provide reliable and timely on-call nurses at a reasonable cost
WHEREAS, as a result, no useful purpose would be served by advertising for bids and to do so would constitute an idle and useless act and an unnecessary expenditure of public funds;
NOW, THEREFORE, the City Council of the City of Long Beach resolves as follows:
Section 1. The above recitals are true and correct and are incorporated herein.
Section 2. The City Manager is hereby authorized to enter a contract, and any necessary documents including any amendments thereto with Nurse Forensic Specialists, Inc., of Los Alamitos, California, for the Sexual Assault Response Team Services, in a total amount not to exceed Sixty Thousand Dollars ($60,000.00), for a period of three (3) years, with the option to renew for two (2) additional one-year periods, at the discretion of the City Manager.
Section 3. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ///
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OFFICE OF THE CITY ATTORNEY DAWN MCINTOSH, City Attorney 411 West Ocean Boulevard, 9th Floor Long Beach, CA 90802-4664 I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of , 2023 by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers: ______________________________________
City Clerk
CITY OF
LONG BEACH
LEVINE ACT DISCLOSURE STATEMENT
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Long Beach City Councilmember, the Mayor, and Commissioner ("City Officer") from participating in any action related to a proceeding if they receive any political contributions totaling more than $250 within the previous twelve months, while a proceeding is pending, and for 12 months following the date a final decision in a proceeding concerning a license, permit, entitlement , franchise or, contract (collectively "license, permit, or contract") has been made, from the person or company awarded the said license or contract. The Levine Act also requires a City Officer that has received such a contribution to disclose the contribution on the record of the proceeding.
City Officers are listed at the following sites:
• The Mayor and Councilmembers - https://www.lonqbeach.gov/officials/ • Harbor Commissioners - https://polb.com/commission
• Water Commissioners - https://lbwater.org/about-us/current-water-commissioners/ • Planning Commissioners - https://www.longbeach.gov/mayor/action/commissions/ • Parks and Recreation Commissioners
- https://www.longbeach.gov/mayor/action/commissions/
• Board of Examiners, Appeals, and Condemnat ion - https://www.longbeach.gov/mayor/action/commissions/ • Cultural Heritage Commission - https://www.longbeach.gov/mayor/action/commissions / • Long Beach Community Investment Company - https://www.longbeach.gov/lbds/hn/lbcic/ Proposers are responsible for accessing these links to review the names prior to answering the following questions .
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the 12 months preceding the date of the submission of your proposals or the anticipated date of any City Council, Board, or Commission action related to this license, permit, or contract? □YES ~ O
If yes, please identify the City Officer(s):
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2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contribution of more than $250 to any City Officer in the 12 months following any City Council, Board, or Commission action related to this license, permit, or contract?
□ YES
If yes, please identify the City Officer(s) :
Answering yes to either of the two questions above does not preclude the City of Long Beach from awarding a license, permit, or contract to your firm or any taking any subsequent action related to the said license, permit, or contract. It does, however, preclude the identified City Officers from participating in any actions related to this license, permit, or contract.
Signature of authorized individual
Type or write name of authorized individual
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