Agreement — Riverside City Council, March 1, 2022

DATE: February 3, 2022
PARTIES: AMERICAN FORENSIC NURSES, INC.

PROJECT DESCRIPTION/BID NO.: SERVICES AGREEMENT - CITY OF BIOLOGICAL EVIDENCE COLLECTION SERVICES RFP 2124 RIVERSIDE Approved by [City Council] [Agency] on City of Arts & Innovation × Anticipated [City Council] [Agency] future agenda of March 1, 2022 No [City Council] [Agency] action required
Insurance required: Bonds required: CFO Signature required:

No X No No
X Yes Yes Yes
Type of Insurance required (unless waived by the Risk Manager):

Commercial General Liability
Automobile Liability
Professional Liability RECEIVED
X Workers' Compensation
Additional Insured Endorsement FEB 0 3 2022
Other:

City of Riverside
Business Tax Certificate Required: City Clerk's Office
X Yes
No
Agreement date(s):
[City Council] [Agency] Approval Date:

X Date City/Agency Executes
Other:

X Agreement Expiration Date: June 30, 2023
Comments: (DUPLICATE ORIGINALS) - CITY MANAGER TO EXECUTE, CLERK TO ATTEST. AFTER EXECUTION RETURN TO HILDA GONZALEZ IN POLICE. CC TO ANELLE SNOWBALL IN CAO.

Department: Police
Contact person: Hilda Gonzalez
Approved as to form by: Rahman Gerren
CA #: 21-1276
Department Head Approval:

Attached/Signature Page
Requested
C: Originating Department
Finance Approval:
:

DEPARTMENT HEAD APPROVAL FORM
Contracts/Agreements
DATE: January 19, 2022
PARTIES: American Forensic Nurses, INC.

PROJECT DESCRIPTION: Biological Evidence Collection Services Agreement SCOPE OF CONTRACT/SERVICE: In effect until June 30, 2022 with optional two additional one year extension.

IF AN AMENDMENT, REASON FOR AMENDMENT (e.g., more time needed, additional scope added, extension permitted from original contract, etc.):

DEPARTMENT:

BUDGET ACCOUNT (GL Key and Obiect): ад 3105000-421000
DEPT. HEAD APPROVAL:

PROCUREMENT:

Verification that procurement of goods, services, construction, etc., was done in conjunction with the City's purchasing policies and procedure:
(X) Formal Procurement (Bid #, RFP #, panel, etc.): _RFQ 2124. 1) Informal Procurement (Three quotes, single/sole source, under non-bidding threshold, etc.): _
Emergency Procurement (date, event, etc.):
(X) Requisition Number: _Y220587
[x) Date Approved by City Council/Board: TBD
Kistan Noreaseyer 01/20/2022
Purchasing Division Validation: _ Date:

Purchasing Notes: Term on contract needs correction - KN PLEASE RETURN TO: City Clerk's Office, Ext. 4276, [email protected] g: \deptcommon\masters\agreements\Dept Head Approval Slip_122017 Effective: NTP to 06/30/23 NTE: $105,000
YTD Available: $201,263.43 as of 01/25/22

SERVICES AGREEMENT
AMERICAN FORENSIC NURSES, INC.

Biological Evidence Collection Services
RFP 2124
On this _ day of_ 2022, the CITY OF RIVERSIDE, a California ****• charter city and municipal corporation ("City"), and AMERICAN FORENSIC NURSES, INC, a California corporation ("Contractor"), mutually agree as follows:
l. Scope of Services. Contractor shall furnish all labor, materials and equipment for and perform the work of Biological Evidence Collection Services ("Services"). Contractor shal perform the Services in accordance with the provisions and requirements of the Scope of Service attached hereto as Exhibit "A" and incorporated herein by reference.

2. Term. This Agreement shall be in effect on the date first written above and shall remain in effect until June 30, 2023. Upon the mutual agreement of the parties, the term may be extended for two (2) additional one (1) year terms not to exceed two (2) years based upon acceptable performance by the Contractor, acceptable fees and subject to the same terms and conditions of this Agreement.

Compensation. City shall pay Contractor for the performance of the Services during the initial term of this Agreement a Contract Price not to exceed One Hundred Five Thousand Dollars ($105,000), unless an increase is agreed to by the parties. If the parties exercise the option to extend the term beyond the initial term of the Agreement, each additional one (1) year term would include the amount not to exceed Seventy Thousand Dollars ($70,000). City shall pay Contractor for Services performed to City's satisfaction on a monthly basis in accordance with the provisions of the Compensation Schedule attached hereto as Exhibit "B" and incorporated herein by this reference. If the term of the Agreement is extended, Contractor's compensation for the extended term shall be mutually agreed upon in writing by the parties.

4. General Compliance with Laws. Contractor shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of Services by Contractor pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations.

5. Business Tax Certificate. As a condition of this Agreement, Contractor shall secure a business tax certificate to operate in the City of Riverside pursuant to Chapter 5.04 of the Riverside Municipal Code, and shall also secure any other licenses or permits which may be required.

6. Business Tax and Penalties. Contractor acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which is owed, or 1 which becomes owed, by Contractor to City, City reserves the right to withhold and offset said amounts from any payments, refunds or reimbursements owed by City to Contractor under the Agreement. Notice of such withholding and offset shall promptly be given to Contractor by City in writing. In the event of a dispute as to the amount owed or whether such amount is owed to City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved.

7. Personnel. Contractor shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. The key personnel are listed in Exhibit "C," attached hereto and incorporated herein by reference. Contractor shall furnish qualified personnel to perform the Services.

8. Assignment and Subcontracting. Neither party shall assign any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Contractor acknowledges that any assignment may, at the City's sole discretion, require City Manager and/or City Council approval. Contractor shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City Contract Administrator.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 11. The Contractor acknowledges and agrees that the City is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between any subcontractor and the City.

9. Independent Contractor. In the performance of this Agreement, Contractor, and Contractor's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Riverside. Contractor acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Contractor, or to Contractor's employees, subcontractors and agents. Contractor, as an independent contractor, shall be responsible for any and all taxes that apply to Contractor as an employer.

10. Indemnification. Contractor shall indemnify and hold harmless the City, and the City's employees, officers, managers, agents and council members from any liability, claim, damage or action whatsoever, arising out of the sole negligence or willful misconduct of Contractor, its officers, employees, subcontractors, agents or including but not limited to property damage, bodily injury, or death. Contractor shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlement or awards, the City and the City's employees, officers, managers, agents and council members in any such action or claim. With respect to any action or claim subject to indemnification herein by Contractor, Contractor shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of City; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes Contractor's indemnification of City. Contractor's obligations hereunder shall be satisfied when Contractor has provided to City the appropriate form of dismissal (or similar document) relieving 2 the City from any liability for the action or claim involved. The specified insurance limits required in this Agreement shall in no way limit or circumscribe Contractor's obligations to indemnify and hold harmless the City. The provisions of this Section 10 do not apply to claims occurring as a result of the City's sole or active negligence. The provisions of this Section 10 shall not release the City from liability arising from gross negligence or willful acts or omissions of the City or any and all of its officers, officials, employees, and agents acting in an official capacity.

11. Insurance.

11.1 General Provisions. Prior to the City's execution of this Agreement, Contractor shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City's Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law.

11.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Contractor's indemnification obligations under Section 10 hereof.

11.1.2 Ratings. Any insurance policy or coverage provided by Contractor or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class of VII or higher.

11.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days' prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid.

11.1.4 Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage as Contractor deems adequate, at Contractor's sole expense.

Workers' Compensation Insurance. By executing this Agreement, Contractor certifies that Contractor is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work. Contractor shall carry the insurance or provide for self-insurance required by California law to protect said Contractor from claims under the Workers' Compensation Act. Prior to City's execution of this Agreement, Contractor shall file with City either 1) a certificate of insurance showing that such insurance is in effect, or that Contractor is self-insured for such coverage, or 2) a certified statement that Contractor has no employees, and acknowledging that if Contractor does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days' prior written notice before modification or cancellation thereof.

11.3 Commercial General Liability and Automobile Insurance. Prior to City's execution of this Agreement, Contractor shall obtain, and shall thereafter maintain during the term 3 of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure Contractor against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Contractor.

The City, and its officers, employees and agents, shall be named as additional insureds under the Contractor's insurance policies.

11.3.1 Contractor's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent contractor's liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000.

11.3.2 Contractor's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $1,000,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Contractor's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Contractor's performance of this Agreement, which vehicles shall include, but are not limited to, Contractor owned vehicles, Contractor leased vehicles, Contractor's employee vehicles, non-Contractor owned vehicles and hired vehicles. This requirement can be waived if the use of vehicles is not required to carry out the scope of work outlined in 'Exhibit A.'

11.3.3 Prior to City's execution of this Agreement, copies of insurance policies or original certificates along with additional insured endorsements acceptable to the City evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:

It is agreed that the City of Riverside, and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Riverside.

11.3.4 The insurance policy or policies shall also comply with the following provisions:
a. If the policy is written on a claims made basis, the certificate should so specify the retroactive date of coverage and coverage must remain in place throughout the entirety of the contract term.
b. The policy shall specify that the insurance provided by Contractor will be considered primary and not contributory to any other insurance available to the City and Endorsement No. CG 20010413 shall be provided to the City.

12. Termination. City shall have the right to terminate any or all of Contractor's Services and work covered by this Agreement at any time upon thirty (30) calendar days' written notice to Contractor. In the event of such termination, Contractor shall submit Contractor's final 4 ....
written statement of the amount of services provided as of the date of such termination for payment by the City.

Notwithstanding the foregoing, the City may terminate Contractor's performance of this Agreement upon five (5) calendar days' written notice if:
(1) Contractor fails to promptly begin performance of the Services; (2) Contractor fails to perform the Services;
(3) Contractor discontinues performance of the Services; (4) Contractor fails to make payment to employees in accordance with applicable law;
(5) Contractor disregards laws, ordinances, or rules, regulations, or orders of a public authority having jurisdiction;
(6) Contractor otherwise is guilty of breach of a provision of this Agreement; (7) Contractor becomes insolvent, is adjudicated bankrupt, or makes a general (8) A receiver, trustee, or other judicial officer shall not have any right, title, or interest in or to this Agreement. Upon that person's appointment, City has, at its option and sole discretion, the right to immediately cancel the Agreement and declare it null and void.

13. Non-Discrimination. During Contractor's performance of this Agreement, Contractor shall not discriminate on the grounds of race, religious creed, color, national origin ancestry, age, physical disability, mental disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, gender, gender identity, genetic information, gender expression, sex or sexual orientation, military and veteran status, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Contractor agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement.

14. City's Right to Employ Other Consultants/Contractors. City reserves the right to employ other Contractors in connection with the Services. 5 15. Conflict of Interest. Contractor, for itself and on behalf of the individuals listed in Exhibit "C, represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, affected by the above-described Services. Contractor further warrants that neither Contractor, nor the individuals listed in Exhibit "C" have any real property, business interests or income interests that will be affected by this project or, alternatively, that Contractor will file with the City an affidavit disclosing any such interest.

16. Solicitation. Contractor warrants that Contractor has not employed or retained any person or agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate this Agreement without liability and pay Contractor only for the value of work Contractor has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Contractor the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement.

17. Prevailing Wage. If applicable, pursuant to Section 1771 of the California Labor Code, Contractors are required to pay the general prevailing rates of per diem wages, overtime and holiday wages as determined by the Director of the Department of Industrial Relations and implemented by Resolution No. 13346 of the City Council of the City of Riverside. The Director's determination of prevailing wage rates available on-line at www.dir.ca.gov/dlsr/DPreWageDetermination.htm, and is referred to and made a part hereof as though fully set forth herein. California Labor Code Sections 1725.5 and 1771.1 requiring all general contractors and subcontractors to be registered with DIR. Registration can be accomplished through the DIR website by using this link: http://www.dir.ca.gov/Public- Works/PublicWorks.html.

Notices. Service of any notices, bills, invoices or other documents required or permitted under this Agreement shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows:

To City To Contractor
Riverside Police Department American Forensic Nurses, Inc.

City of Riverside Attn: Carlos Martinez
Attn: Brandi Becker Or Christian Dumpit
4102 Orange Street 51321 Avenida Bermudas #1625
Riverside, CA 92501 LaQuinta, CA 92247

19. Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in the Superior Court of California, County of Riverside and the parties hereby waive all provisions of law

20. Waiver. No action or failure to act by the City shall constitute a waiver of any right or duty afforded City under this Agreement, nor shall any action or failure to act constitute 6 an approval of or acquiescence in any breach thereunder, except as may be specifically provided in this Agreement or as may be agreed in writing.

Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, in this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, in this Agreement is declaredinvalid. unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement and the remainder of the Agreement shall continue in full force and effect.

22. Amendments. This Agreement may be modified or amended only by a written agreement and/or change order executed by the Contractor and City.

Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof and thereof.

Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. [SIGNATURES ON FOLLOWING PAGE.J
7 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF RIVERSIDE, a California American Forensic Nurses, Inc. charter city and municipal corporation a California corporation -asO
By:

City Manager
CARLOS MARTiNEL
Printed Name
Attest: Lou
City Clerk Ttle
Certified as to Ayailability of Funds
By:

Chief Financial Officer
Approved as to Form:

Ducat
Deputy City Attorney
American Forensic Nurses, Inc
21-1276 RG 11/4/21
EXHIBIT "A"

SCOPE OF SERVICES

EXHIBIT A

SCOPE OF SERVICES

1. BLOOD DRAW: phlebotomy is the drawing of blood from a subject for a variety of purposes, transfusion, diagnosis, content analysis, or experiment. Law enforcement's interest in a blood sample is generally to obtain content analysis as evidence in narcotic or alcohol related events, and to obtain DNA samples for comparison to bodily fluid or body part samples collected at a crime scene. The general authority of law enforcement to obtain evidence is covered under Article I, Section 13 of the California State Constitution. Law enforcement is also obligated by state law to offer blood draws in the investigation of driving under the influence cases, per Section 23158 of the California Vehicle Code. Blood draws are also a part sex offender and arson registrant DNA collection under Section 296 of the California Penal Code. The obtaining of blood or urine samples is also an integral part of many non-driving-under-the-influence criminal investigations. Blood or urine samples may be requested for a variety of reasons and the process of collecting such samples must meet all applicable laws and regulations for the collection of:
a. Blood alcohol content analysis
b. Controlled substance content analysis
c. DNA analysis
d. For storage, later analysis, or to be a control sample

2. URINE SPECIMENT COLLECTION: Contractor may be asked to conduct urine collection for content analysis.

3. SUSPECT SEX KIT: Sexual Assault Suspect Examinations will be conducted in accordance with the California Office of Criminal Justice Planning (OCJP) guidelines, using sex kits available from the California Department of Justice obtained by the Contractor.

Documentation of the examination and the specimens will be completed using the OCJP 950 form (Forensic Medical Report: Sexual Assault Suspect Examination) or any subsequent form approved by the California Department of Justice for such use. The original of the form will be provided to the investigating officer. A copy will be submitted with the sex kit and turned over to the investigating officer for appropriate disposition, and the person conducting the examination will retain a copy. a. Contractor is expected to conduct evidence collection from a sexual assault suspect (blood, nail scraping, hair, combing and such).

4. DRY RUN (BLOOD, URINE, SEX ASSAULT KIT): Occasionally it is impossible or impractical to obtain a blood sample or urine collection in a medically approved manner. The Contractor may have been unable to complete a sexual assault kit, or other service, for a variety of legitimate reasons. However, the Contractor may have dispatched staff at the request of law enforcement and may have expended supplies in the anticipation of services being rendered. It is suggested that this fee be less than that charged for a successful request for service.

5. SUPPLIES: The Contractor is responsible for providing all necessary supplies to appropriately collect and package items of evidence. These items must meet medical standards and evidence standards for submission in a court of law. Sample collection containers are available through local California Department of Justice Crime Labs and sample screening vendors.

6. DISPOSAL OF WASTE: The Contractor will dispose of all waste in accordance with all applicable laws and regulations. The Contractor will be responsible for providing sharps containers at each police station for the disposal of used syringes. The Contractor will be required to provide for waste disposal at remote sites as needed (for example: blood draws performed at DUI checkpoints, accident scenes, and such). Contractor shall possess and maintain, as required by law, all applicable medical waste permits issued by the Riverside County Department Environmental Health, and any other necessary permits sufficient to encompass the contactors total volume of medical waste generated and/or transported.

7. COURT TIME: The Contractor will be available to provide expert court testimony for all of the services provided. The Contractor's staff may be subpoenaed to testify in actions related to their participation in the chain of custody, or the circumstances of the collection of evidence. This cost should be factored into the bid for each service (blood draw, urine sample collection, suspect sexual assault kit). If there is a separate charge, the Department should pay only for the time spent testifying, waiting at court to testify, or being "on call" for court.

8. SERVICE REQUIREMENTS:
a. The Contractor shall provide this service with personnel properly licensed or certified in the State of California such as Registered Nurses, Licensed Vocational Nurses, Paramedics, Certified Phlebotomists, or other persons certified to draw blood and urine samples and collect sexual assault evidence from rape suspects in the State of California.
i. Only licensed personnel, in accordance with all applicable statues and regulations, are to be used in the obtaining of blood or urine samples utilized in the investigation of California Vehicle Code violations. ii. The Contractor shall comply with all applicable statutes and regulations for the collection of blood or urine samples for alcohol testing and use California Department of Justice (DOJ) gray topped tubes for alcohol analysis distributed by the DOJ for the collection of blood samples. b. The Contractor and their employees shall be familiar with the handling of evidence and the proper protocol for obtaining blood and suspect rape evidence, as well as any other evidence collected. They shall maintain the correct chain of evidence in accordance with City of Riverside Police Department policies and procedures. Upon award, Police Procedures will be given to Contractor. i. Subjects from whom blood is to be drawn or evidence collected may be recalcitrant. The Contractor shall assure that all personnel have experience with recalcitrant subjects, are trained to deal with recalcitrant subjects and are willing to undertake dealing with possible recalcitrant subjects in the course of performing this service.
c. The Contractor is subject to and shall operate in compliance with all relevant requirements contained in the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, enacted August 21, 1996, and the related laws and regulations promulgated subsequent thereto.

9. RESPONSE TIME:
a. The maximum acceptable time for a response to a call for service is thirty- (30) minutes from the time requested to arrival at the scene. b. Contractor shall be in place and available to make every reasonable effort to respond within a 30-minute time period to all requested locations throughout the agreed county/city limits. Contractor will be monitored pursuant to response times. Response time calculations will commence at the time of the initial notification by the City and conclude upon Contractor's arrival at the location that was specified by the City when initial notification was made.

Contractor shall be considered "Late" to a call if any time elapses past the response time. Three (3) "Late" responses in anygiven thirty- (30) day period may be considered a breach of contract and may besubject to termination. i. Riverside Police Station, 4102 Orange Street, Riverside, California 92501, (951)354-2007
ii. Riverside Police Station, 10540 Magnolia Avenue, Riverside, California 92505, (951)354-2007
ili. Riverside Community Hospital, 4445 Magnolia Avenue, Riverside, California 92501, (951)788-3200
iv. Riverside County Regional Medical Center, 26520 Cactus Avenue, Moreno Valley, California 92555, (951) 486-5650
v. Parkview Community Hospital, 3865 Jackson Street, Riverside, California 92503, (951)688-2211
vi. Kaiser Riverside - Park Sierra, 10800 Magnolia Avenue, Riverside, California 92505, (951)353-3790
c. If the Contractor arrives at a Police facility and is unable to locate the requesting law enforcement officer within fifteen (15) minutes, contractor shall contact Police Dispatch via the law enforcement phone number for updated arrival or location information, prior to leaving the site.
d. Contractor shall be considered "No Show" to a call if no arrival forty-five (45) minutes after the initial call from Police Dispatch. Two (2) "No Shows" within a one (1) year period may be considered a breach of contract and may be subject to termination.

10. VENDOR REQUIREMENTS:
a. The Contractor will provide photo identification for each staff member. Staff members will wear photo identification at all times when at a Police facility or remote site. The identification shall be updated yearly and display the following information:
i. Name of staff member
ii. Title (e.g. Registered Nurse, Licensed Vocational Nurse, phlebotomist and technician)
ili. Contractor's business name, address, and twenty-four (24) hour contact phone number
b. The Contractor will maintain a twenty-four-hour, seven day a week toll free contact number for callouts. The service must provide a confirmation that a staff member is responding to the requested location and an estimated time of arrival.
c. The Contractor must notify the Department if members of their staff are fired, arrested, or become involved in circumstances that may cause their credibility, testimony, or the quality of their evidence collection to be called into question. d. The Contractor's responding staff must notify the case agent if the subject of the service is known to, or related to, the staff member before service is rendered.

11. BACKGROUND REQUIREMENTS:
a. Contractor's staff and employees will submit to and pass a Security Check, prior to being allowed to provide the contracted service. The Police Personnel Bureau will conduct these security checks. The Security Check may include the following or other information as requested by Police Personnel:
i. Photograph
ii. Completion of a background questionnaire
iii. Fingerprint submission to the FBI, and DOJ for a criminal history check iv. Driver's license check
v. Wanted person's check
vi. Local law enforcement contacts
vii. Presentation of driver's license, SSN card, DD2 1 4, Selective Service registration, marriage license, divorce decree, birth certificate, financial information, and such
b. Failure to pass a background check is sufficient reason to reject the services of a staff member. The Police Department reserves the right to reject staff that the City determines would jeopardize the integrity of an investigation, be an ethical conflict, or present facility security or an officer safety risk.

12. PRICING REQUIREMENTS:
a. All prices quoted should fully describe all costs and charges to City as part of this service/project. Bidders must provide fully inclusive blended rates, which are inclusive of all of the bidder's project-related or supported expenses, including travel and supply expenses.
i. Expenses not included will not be reimbursed.
ii. No quantities are implied or inferred. The City will request and pay for the services on an "as needed" basis.

EXHIBIT "B"

The DUI Checkpoint Staffing rate covers six (6) hours. Additional hours will incur a fee of$85.00 per hour.

An annual increase of no less than 4% or CPI rate, whichever is greater, will be applied at the start of each new contract year to help cover the increase in our annual operating costs (i.e. insurance, occupancy, wages, etc).
• Blood Withdrawals performed without a contract in place is $150.00 per draw and $75.00 for each Dry Run.
• The healthcare/medical industry has been dramatically affected since the start of the COVID-19 pandemic amid the already existing inevitable cost increases to operate a business. Our expenses have seen higher than normal increases to our expenses, including, general liability insurance, workers' compensation insurance, unemployment insurance, and the other price hikes of medical supplies during the pandemic.

EXHIBIT "C"

KEY PERSONNEL
Carlos Martinez COO
Jamie Webber Temecula Regional Area Supervisor
Christina Leedy Riverside Regional Area Supervisor

MINUTES OF SPECIAL MEETING OF
AMERICAN FORENSIC NURSES, INC.

These Minutes of Special Meeting of the Board of Directors of AMERICAN FORENSIC NURSES, INC., a California corporation reflects the following actions taken simultaneously with this meeting which took place on February WITNESSETH:
all in accord with the Corporations By-Laws, the corporation has determined that it is essential that should President Faye Bautista not be available to enter into contracts and or other forms of agreements for and on behalf of the corporation due to absence, vacation, illness, and or any other matter or event that prevents the President from such personal action, that, that Alvaro Carlos Martinez as its Chief Operating Officer ("COO") and corporate Secretary is fully and wholly authorized by the Board of Directors to enter into and bind said corporation to any and all corporate agreements with Alvaro Carlos Martinez as its Chief Operating Officer ("COO") and corporate Secretary vendors, employees and or potential employees, consultants, clients and or prospective clients and or customers. Any such actions of Alvaro Carlos Martinez as its Chief Operating Officer ("COO") and corporate Secretary entered into for and on behalf of this corporation as any business person exercising reasonable business good faith as a person of reasonable business prudence, is hereby authorized.

RESOLVED: That Alvaro Carlos Martinez as its Chief Operating Officer ("COO") and corporate Secretary is fully and wholly authorized by the Board of Directors to enter into and bind said corporation to any and all corporate agreements with Alvaro Carlos Martinez as its Chief Operating Officer ("COO") : and corporate Secretary vendors, employees and or potential employees, consultants, clients and or prospective clients and or customers. Any such ctions of Alvaro Carlos Martinez as its Chief Operating Officer ("COO") an orporate Secretary entered into for and on behalf of this corporation as an usiness person exercising reasonable business good faith as a person o reasonable business prudence, is hereby authorized by AMERICAN FORENSIC NURSES, INC.

Dated: February 1, 2016
Alvaro Carlos Martinez, Secretary

SERVICES AGREEMENT
AMERICAN FORENSIC NURSES, INC.

Biological Evidence Collection Services
RFP 2124
On this , 2022, the CITY OF RIVERSIDE, a California
charter city and municipal corporation ("City"), and AMERICAN FORENSIC NURSES, INC, a California corporation ("Contractor"), mutually agree as follows:

1. Scope of Services. Contractor shall furnish all labor, materials and equipment for ed prefore services in a cordance Vividence COlletion Series "Sts of ts"), Contractor sha e provisions and requirements of the Scope of Service
attached hereto as Exhibit "A" and incorporated herein by reference.

3. Compensation. City shall pay Contractor for the performance of the Services during the initial term of this Agreement a Contract Price not to exceed One Hundred Five Thousand Dollars ($105,000), unless an increase is agreed to by the parties. If the parties exercise the option to extend the term beyond the initial term of the Agreement, each additional one (1) year term would include the amount not to exceed Seventy Thousand Dollars ($70,000). City shall pay Contractor for Services performed to City's satisfaction on a monthly basis in accordance with the provisions of the Compensation Schedule attached hereto as Exhibit "B" and incorporated herein by this reference. If the term of the Agreement is extended, Contractor's compensation for the extended term shall be mutually agreed upon in writing by the parties.

11. Insurance.

11.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Contractor's indemnification obligations under Section 10 hereof.

11.2 Workers' Compensation Insurance. By executing this Agreement, Contractor certifies that Contractor is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers? compensation, or to undertake self-insurance before commencing any of the work. Contractor shall carry the insurance or provide for self-insurance required by California law to protect said Contractor from claims under the Workers' Compensation Act. Prior to City's execution of this Agreement, Contractor shall file with City either 1) a certificate of insurance showing that such insurance is in effect, or that Contractor is self-insured for such coverage, or 2) a certified statement that Contractor has no employees, and acknowledging that if Contractor does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days' prior written notice before modification or cancellation thereof.

The City, and its officers, employees and agents, shall be named as additional insureds under the Contractor's insurance policies.

11.3.1 Contractor's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises oporations liability, products-completed operations liability, independent contractor's liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000.

12. Termination. City shall have the right to terminate any or all of Contractor's Services and work covered by this Agreement at any time upon thirty (30) calendar days' written notice to Contractor. In the event of such termination, Contractor shall submit Contractor's final 4 written statement of the amount of services provided as of the date of such termination for payment by the City.

Notwithstanding the foregoing, the City may terminate Contractor's performance of this Agreement upon five (5) calendar days' written notice if:
(1) Contractor fails to promptly begin performance of the Services; (2) Contractor fails to perform the Services;
(3) Contractor discontinues performance of the Services; (4) Contractor fails to make payment to employees in accordance with applicable law;
(5) Contractor disregards laws, ordinances, or rules, regulations, or orders of a public authority having jurisdiction;
(6) Contractor otherwise is guilty of breach of a provision of this Agreement; (7) Contractor becomes insolvent, is adjudicated bankrupt, or makes a general adequate assor the of of acidi a bind to stipy vid cried. obligations.
(8) A receiver, trustee, or other judicial officer shall not have any right, title, or interest in or to this Agreement. Upon that person's appointment, City has, at its option and sole discretion, the right to immediately cancel the Agreement and declare it null and void.

13. Non-Discrimination. During Contractor's performance of this Agreement, C'ontractor shall not discriminate on the grounds of race, religious creed, color, national origin ancestry, age, physical disability, mental disability, medical condition including the medica condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, gender, gender identity, genetic information, gender expression, sex or sexual orientation, military and veteran status, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Contractor agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement.

14. City's Right to Employ Other Consultants/Contractors. City reserves the right to employ other Contractors in connection with the Services. 5 Conflict of Interest. Contractor, for itself and on behalf of the individuals listed in Exhibit "C", represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, affected by the above-described Services. Contractor further warrants that neither Contractor, nor the individuals listed in Exhibit "C" have any real property, business interests or income interests that will be affected by this project or, alternatively, that Contractor will file with the City an affidavit disclosing any such interest.

17. Prevailing Wage. If applicable, pursuant to Section 1771 of the California Labor Code, Contractors are required to pay the general prevailing rates of per diem wages, overtime and holiday wages as determined by the Director of the Department of Industrial Relations and implemented by Resolution No. 13346 of the City Council of the City of Riverside. The Director's determination of prevailing wage rates is available on-line at www.dir.ca.gov/dlsr/DPreWageDetermination.htm, and is referred to and made a part hereof as though fully set forth herein. California Labor Code Sections 1725.5 and 1771.1 requiring all general contractors and subcontractors to be registered with DIR. Registration can be accomplished through the DIR website by using this link: http://www.dir.ca.gov/Public- Works/PublicWorks.html.

18. Notices. Service of any notices, bills, invoices or other documents required or permitted under this Agreement shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows:

To City To Contractor
Riverside Police Department American Forensic Nurses, Inc.

City of Riverside Attn: Carlos Martinez
Attn: Brandi Becker Or Christian Dumpit
4102 Orange Street 51321 Avenida Bermudas #1625
Riverside, CA 92501 LaQuinta, CA 92247

19. Venue. Any action at law or in equity brought by either of the parties hereto for the urpose of enforcing a right or rights provided for by this Agreement shall be tried in the Superic 'ourt of California, County of Riverside and the parties hereby waive all provisions of la providing for a change of venue in such proceedings to any other county.

Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, in this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, in this Agreement is declaredinvalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement and the remainder of the Agreement shall continue in full force and effect.

Amendments. This Agreement may be modified or amended only by a written agreement and/or change order executed by the Contractor and City.

24. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. [SIGNATURES ON FOLLOWING PAGE.]
7 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF RIVERSIDE, a California American Forensic Nurses, Inc. charter city and municipal corporation a California corporation By: maso
City Manager
CARlOS MARtinER
[Printed Name]
Attest: cOO
City Clerk [Title]
Certified as to Availability of Funds
By:

Chief Financial Officer
Approved as to Form;
By:_
Deputy City Attorney
American Forensic Nurses, Inc
21-1276 RG 11/4/21
8 EXHIBIT "A"

SCOPE OF SERVICES

EXHIBIT A

SCOPE OF SERVICES

2. URINE SPECIMENT COLLECTION: Contractor may be asked to conduct urine collection for content analysis.

6. DISPOSAL OF WASTE: The Contractor will dispose of all waste in accordance with all applicable laws and regulations. The Contractor will be responsible for providing sharps containers at each police station for the disposal of used syringes. The Contractor will be required to provide for waste disposal at remote sites as needed (for example: blood draws performed at DUl checkpoints, accident scenes, and such). Contractor shall possess and maintain, as required by law, all applicable medical waste permits issued by the Riverside County Department Environmental Health, and any other necessary permits sufficient to encompass the contactors total volume of medical waste generated and/or transported.

Contractor shall be considered "Late" to a call if any time elapses past the response time. Three (3) "Late" responses in anygiven thirty- (30) day period may be considered a breach of contract and may besubject to termination. i. Riverside Police Station, 4102 Orange Street, Riverside, California 92501, (951)354-2007
ii. Riverside Police Station, 10540 Magnolia Avenue, Riverside, California 92505, (951)354-2007
iii. Riverside Community Hospital, 4445 Magnolia Avenue, Riverside, California 92501, (951)788-3200
iv. Riverside County Regional Medical Center, 26520 Cactus Avenue, Moreno Valley, California 92555, (951)486-5650
v. Parkview Community Hospital, 3865 Jackson Street, Riverside, California 92503, (951)688-2211
vi. Kaiser Riverside - Park Sierra, 10800 Magnolia Avenue, Riverside, California 92505, (951)353-3790
c. If the Contractor arrives at a Police facility and is unable to locate the requesting law enforcement officer within fifteen (15) minutes, contractor shall contact Police Dispatch via the law enforcement phone number for updated arrival or location information, prior to leaving the site.
d. Contractor shall be considered "No Show" to a call if no arrival forty-five (45) minutes after the initial call from Police Dispatch. Two (2) "No Shows" within a one (1) year period may be considered a breach of contract and may be subject to termination.

11. BACKGROUND REQUIREMENTS:
a. Contractor's staff and employees will submit to and pass a Security Check, prior to being allowed to provide the contracted service. The Police Personnel Bureau will conduct these security checks. The Security Check may include the following or other information as requested by Police Personnel:
i. Photograph
ii. Completion of a background questionnaire
ili. Fingerprint submission to the FBI, and DOJ for a criminal history check iv. Driver's license check
v. Wanted person's check
vi. Local law enforcement contacts
vii. Presentation of driver's license, SSN card, DD2 | 4, Selective Service registration, marriage license, divorce decree, birth certificate, financial information, and such
b. Failure to pass a background check is sufficient reason to reject the services of a staff member. The Police Department reserves the right to reject staff that the City determines would jeopardize the integrity of an investigation, be an ethical conflict, or present facility security or an officer safety risk.

EXHIBIT "B"

COMPENSATION
City of Riverside - Rate Sheet
Item Price Quantity
1 Blood Withdrawal $ 75.00 each
2 Urine Collection $ 75.00 each
3 Dry Run (blood and urine) $ 40.00 each
4 Officer Exposure $ 100.00 each
5 DUI Checkpoint Staffing (not to exceed 6 hours) $ 500.00 per check point
6 Suspect Rape Kit $ 150.00 each
7 Dry Run (suspect rape kit) $ 75.00 each
8 Court Testimony (includes wait or on-call times) $ 95.00 per hour Monthly Service Fee (which will assist in covering supply $ 500.00 9 per month
costs)
10 Supply Fee (included in monthly service fee)
Note:
• The DUI Checkpoint Staffing rate covers six (6) hours. Additional hours will incur a fee of$85.00 per hour.
• An annual increase of no less than 4% or CPI rate, whichever is greater, will be applied at the start of each new contract year to help cover the increase in our annual operating costs (i.e. insurance, occupancy, wages, etc).
• Blood Withdrawals performed without a contract in place is $150.00 per draw and $75.00 for each Dry Run.
• The healthcare/medical industry has been dramatically affected since the start of the COVID-19 pandemic amid the already existing inevitable cost increases to operate a business. Our expenses have seen higher than normal increases to our expenses, including, general liability insurance, workers' compensation insurance, unemployment insurance, and the other price hikes of medical supplies during the pandemic.

EXHIBIT "C"

KEY PERSONNEL
Carlos Martinez COO
Jamie Webber Temecula Regional Area Supervisor
Christina Leedy Riverside Regional Area Supervisor

MINUTES OF SPECIAL MEETING OF
AMERICAN FORENSIC NURSES, INC.

These Minutes of Special Meeting of the Board of Directors of AMERICAN FORENSIC NURSES, INC., a California corporation reflects the following actions taken simultancously with this meeting which took place on February WITNESSETH:

WHEREAS, AMERICAN FORENSIC NURSES, INC., (the "Company") has appointed Faye Battiste-Otto as its corporate president and appointed Alvaro Carlos Martinez as its Chief Operating Officer ("COO") and corporate Secretary, all in accord with the Corporations By-Laws, the corporation has determined that it is essential that should President Faye Bautista not be available to enter into contracts and or other forms of agreements for and on behalf of the corporation due to absence, vacation, illness, and or any other matter or event that prevents the President from such personal action, that, that Alvaro Carlos Martinez as its Chief Operating Officer ("C00") and corporate Secretary is fully and wholly authorized by the Board of Directors to enter into and bind said corporation to any and all corporate agreements with Alvaro Carlos Martinez as its Chief Operating Officer ('COO") and corporate Secretary vendors, employees and or potential employees, consultants, clients and or prospective clients and or customers. Any such actions of Alvaro Carlos Martinez as its Chief Operating Officer ("COO") and corporate Secretary entered into for and on behalf of this corporation as any business person exercising reasonable business good faith as a person of reasonable business prudence, is hereby authorized.

RESOLVED: That Alvaro Carlos Martinez as its Chief Operating Officer ("COO") and corporate Secretary is fully and wholly authorized by the Board of Directors to enter into and bind said corporation to any and all corporate agreements with Alvaro Carlos Martinez as its Chief Operating Officer "COO" : and corporate Secretary vendors, employees and or potential employees, consultants, clients and or prospective clients and or customers. Any such actions of Alvaro Carlos Martinez as its Chief Operating Officer ("COO") and NURSES, INC.

Dated: February 1, 2016
Aaro Cantos Marie, scided

Riverside City CouncilMarch 1, 2022

Riverside City Council
March 1, 2022