AGREEMENT BETWEEN FORENSIC NURSE SPECIALISTS, INC AND THE CITY
OF SANTA ANA FOR FORENSIC EXAMINATION SERVICES
This Agreement for Forensic Examination Services is made and entered into as of the 19th day of December 2023 (the "Effective Date"), by and between FORENSIC NURSE SPECIALISTS, INC ("FNS") a privately owned minority professional corporation, and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), on behalf of the Santa Ana Police Department ("Department"), with respect to the following:
WHEREAS, the 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 victim of sexual assault with an examination by a qualified healthcare professional would be a violation of the California Penal Code;
WHEREAS, the 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 the Department desires to contract such services from FNS; WHEREAS, FNS is the sole source providing this service in Orange County and there are no specific registries that utilizes forensic nurses solely for the purpose of exams; 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 ( "Services") to the Department:
1.1. Examination. FNS agrees to provide the Department approved forensic-medical exams 24/7 to sexual assault, strangulation, domestic violence, and other types of victims, consistent with the terms of this Agreement as identified by the Department, with a 1- hour response to a mutually agreed upon examination location. The examination will 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 California Office of Emergency Services.("CALOES")
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.
EXHIBIT 1
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 a lawful or properly served summons or subpoena).
2. Compensation In exchange for the Services provided by FNS pursuant to Section 1 above, the Department shall compensate FNS according to Exhibit A, "FNS Fee Schedule" attached hereto and incorporated herein. Services can be added at any time per the Department's request and negotiated rates. The total amount of compensation to FNS shall not exceed $350,000. Any increase over this amount, for any services provided by this Agreement, shall be effectuated by written amendment between parties subject to approval by the Santa Ana City Council.
3. 2.1 Rate Adjustment Th e Department acknowledges and agrees that FNS is entitled to adjust the rates set forth in this Section 2, Exhibit A, from time to time and at any time.
FNS shall use reasonable efforts to give Department at least sixty (60) days advance written notice of any increase or adjustment to rates, subject to the not-to-exceed compensation amount in Section 2, above.
Payment
3.1 FNS shall invoice the Department monthly for all Services performed in each previous month. Department shall remit payment to FNS within thirty (30) days ofreceipt of an invoice.
3.2 City shall compensate FNS for any services provided since September 1, 2023 until the effective date of this Agreement, as defined in the effective date above
4. Term This Agreement shall be for a te1m of five (5) years commencing on December 19, 2023 and expiring on August 31, 2028.
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 liability, loss, damages, costs, and expenses (including reasonable attorneys' fees) caused by the negligence or wrongful acts or omissions of such indemnifying party or its employees, officers or agents. The provisions of this paragraph shall survive termination of this Agreement
6. Insurance FNS shall procure and maintain for the duration of the contract insurance against claimsfor injuries to persons or damages to property which may arise from or in connection with theperformance of the work hereunder and the results of that work by FNS , its agents, representatives, employees or subcontractors.