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HomeMy WebLinkAbout2009 CON Independent Forensic Nurses - Sexual Assault Victims & SuspectsAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND INDEPENDENT FORENSIC NURSES, LLC THIS AGREEMENT is entered into this 1 34 day of J u ly , 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the `'CITY"), and INDEPENDENT FORENSIC NURSES, LLC, a professional corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide examinations of sexual assault victims and suspects for the National City Police Department. WHEREAS, the CITY has determined that the CONSULTANT is qualified as a SART facility to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT, and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed $2,000 above the base amount. 3. PROJECT COORDINATION AND SUPERVISION. The Executive Lieutenant hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Claire Nelli RN thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $23,000 annual amount (the Base amount) without prior written authorization from the City Council. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. The term of this Agreement is July 1, 2009 through June 30, 2010, provided that the parties may mutually agree to extend this Agreement on the same terms and conditions for three additional one-year terms. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. Documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. 2 Independent Forensic Nurses Agreement The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSUI.,TANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and federal statutes and regulations, and all applicable ordinances. rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 3 Independent Forensic Nurses Agreement 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 4 Independent Forensic Nurses Agreement 14. CONFIDENTIAL INFORMATION. In performing under this agreement, the CONSULTANT will acquire confidential medical information. Moreover, the CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY and the patient. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANTS negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Commercial General Liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. Said policy shall name the City of National 5 Independent Forensic Nurses Agreement City and its officers, agents and employees as additional insureds. and separate additional insured endorsement shall be provided. C. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. D. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. E. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. F. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than "A, VIII" according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. G. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. H. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 6 Independent Forensic Nurses Agreement 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 30-day's written notice to the CONSULTANT. During said 30-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. SEVERANCE. 22. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the 7 Independent Forensic Nurses Agreement earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Chief of Police National City Police Department 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Claire Nelli RN, SANE -A Independent Forensic Services, LLC 4276C 54th Place San Diego, CA 92115 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. U If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. 8 Independent Forensic Nurses Agreement The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which. together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the predecessors, affiliates, subsidiaries, successors, assigns, parties, agents, officers, employees, shareholders, associates, legal representatives, heirs, executives and/or administrators of each of the Parties hereto. f the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the 9 Independent Forensic Nurses Agreement drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. L. No Inducement. Each of the Parties to this Agreement acknowledges for itself that it has read this Agreement and fully understands its contents and consequences and has voluntarily executed it. Each of the parties also warrants that no promise or inducement has been made or offered by any of the Parties, except as set forth herein, and that this Agreement is not executed in reliance upon any statement of representation of any of the Parties or their representatives, concerning the nature and extent of the injuries, damages or legal liability thereof. The Parties further represent that they have been represented by legal counsel during the course of the negotiations leading to the signing of this Agreement, and that they have been advised by legal counsel with respect to the meaning of this Agreement and its legal affect. M. Severance. If any court of competent jurisdiction declares or determines that any provision in this Agreement is illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining parts, terms and provisions, will not be affected. The provision found illegal, unenforceable. or invalid shall be deemed not a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF N IONAL CITY By: C apata, ager APPROVED AS TO FORM: J o . Doucette, Senior Assistant City Attorney (Print) INDEPENDENT FORENSIC SERVICES, LLC (Corporation —signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: Claire Nelli Owner By: (Name) (Title) 10 Independent Forensic Nurses Agreement Jul 0Q 09 11:12a p.2 4276C 54TH PLACE SAN DIEGO, CA. 92115 619-501-0958 FAX 619-501-2513 ifs@cox.net INDEPENDENT FORENSIC SERVICES ;COPE OF WORK: Independent Forensic Services, LLC shall provide examinations of sexual assault victims and suspects as requested by the City. Independent Forensic Services, LLC shall provide a private, non -Intrusive facility for the examinations. The performance of all procedures/activities related to victim care and medical -legal examinations • shall be conducted in conformance with the San Diego County's Sexual Assault Team's Standards of Practice, as well as the State of California Office of Emergency Services. Personnel who meet the described standards of Sexual Assault Forensic Examiners (SAFES) must conduct these exams. Ju1,09 09 11:13a P.3 4276C 54TH PLACE SAN DIEGO, CA. 92115 619-501-0958 FAX 619-501-2513 ifs@cox.net INDEPENDENT FORENSIC SERVICES Effective October 1, 2008 the following increase will apply. Forensic examination of victims of sexual assault $900.00 Follow-up Forensic exams 475.00 Examinations performed at other facilities 1060.00 Suspect Forensic examinations 425.00 Dry run call outs (SANE called out and exam cancelled by L.E.) 236.00 4276C 54TH PLACE SAN DIEGO, CA. 92115 619-501-0958 FAX 619-501-2513 ifs@cox.net INDEPENDENT FORENSIC SERVICES Effective October 1, 2009 the following increase will apply. Forensic examination of victims of sexual assault $954.00 Follow-up Forensic exams 503.50 Examinations performed at other facilities 1123.60 Suspect Forensic examinations 450.50 Dry run call outs (SANE called out and exam cancelled by L.E.) 250.00 CALIFORNIA -•• NATIONAL CITE City of National City (To be submitted only when there are no employees subject to Workers' Compensation) DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO: TOO c PEN•, .✓� !-� ,✓$ L J xg..4 "►La,5' (Company Name) For the purpose of inducing the at of National City to go forward with any contracts awarded to ai'L • u;�6-) (company name), I declare as follows: Lw LL kuQJ2 -J (name) , (`� �'r ''' (title), am an independent contractor for the purposes of the California Workers' Compensation and Labor laws. I will hire no employees other than my parents, spouse, or children for work required for any bid or contract awarded to my company. All work required will be performed personally and solely by me, my parents, spouse, or children. If, however, I shall ever be required to hire employees or Subcontractors to perform this contract, I shall obtain Workers' Compensation Insurance and/or provide proof of Workers' Compensation Insurance coverage to the City of National City. This document constitutes a declaration by me against my financial interest, relative to any claims I should assert under the California Workers' Compensation and/or Labor laws against the City of National City relating to any bid or contract awarded NO £-ftA--be.. SEKIME3 (company name). Lt,v I will defend, indemnify, and hold harmless the City of National City, its officers and employees, from any and all claims and liability, including Workers' Compensation claims and liability that may be asserted or established by any party in the event I hire an employee in violation of this addendum, and I will further indemnify the City of National City, its officers and employees, for all damages the City thereby suffers. I agree that these declarations shall constitute an addendum to any bid awarded to: LF� TT.)n£PE.- -+✓T co4E-A6 r Sk) i/ (company name). i..t.G Dated: / - , 2007 . (Company) By: Cia- _L., (Signature of Authorized Representative) Ca-, /JELi d LI)ILJE , (Name and Title) 4276C 54TH PLACE SAN DIEGO, CA. 92115 619-501-0958 FAX 619-501-2513 ifs@cox.net INDEPENDENT FORENSIC SERVICES Independent forensic Services LLC hires only contract employees, following is a list. All are SANES and or SANE-A's. Joy Brychta Abigail Hathaway Danella Kawachi Madeline Marini Loretta Melby Patti Rankle Grace Solomine CNA 970 HPG HEALTHCARE PROVIDERS SERVICE ORGANIZATION PURCHASING GROUP CERTIFICATE OF INSURANCE OCCURRENCE POLICY FORM 0004006777 Claire M Nelli 4136 Oregon St San Diego, CA 92104-1726 Medical Specialty: Registered Nurse A. PROFESSIONAL UABILITY Code: 80964 Print Date: 09/04/09 from:12:01 AM Standard Time on: 09/26/09 to: 12:01 AM Standard Time on: 09 2610 Nurses Service Organization 159 East County Line Road Hatboro, PA 19040-1218 American Casualty Company of Reading, Pennsylvania 333 S. Wabash Avenue, Chicago, IL 60604 Professional Liability (PL) $ 2,000,000 each claim $ 6,000,000 aggregate Good Samaritan Liability included above Personal Injury Liability included above —Maiplacement Liability included above B. COVERAGE EXTENSIONS: License Protection $ 10,000 proceeding $ 25,000 aggregate Defendant Expense Benefit _per - - � 6 -� $ 10,000 g9ate aggregate 9 ";- _ � ; �,.= ,�-_=_�: : Deposition Representation $ 20 per deposition $ 5,000 aggregate Assault $ 10,000 per incident $ 25,000 aggregate Medical Payments $ 2,000 per arson $ 100,000 --$--2,500 aggregate First Aid " aggregate _ Damage to Property of Others $ 500 per incident $ 10,000 aggregate C. WORKPLACE LIABILITY Coverage part C. Workplace Llabilty does not apply if Coverage part D. General Liability is made part of this policy. Workplace Liability Fire & Water Legal Liability included in A. PL limit shown above subject to $150,000 sub -limit $1,000,000 aggregate Personal Liability D. GENERAL UABILITY included in A. PL limit shown above Coverage part D. General Liability does not apply if Coverage part C. Workplace Liability is made part (!this policy. General Liability (GL) HiredAuto & Non Owned Auto none none none Fire & Water Legal Liability Personal Liability none none none Total: $ 154.00 QUESTIONS? CALL: 1-800-247-1500 G-121500-D G-121503-C G-121501-C1 G-145184-A G-147292-A G-123846-D04 GSL3886 GSL3908 Master Policy # 188711433 Keep this document in a safe place. It and proof of payment are evidence of your insurance coverage. Chairman of the Board Secretary G-141241-A (07/2001) Coverage Change Date: Endorsement Change Date: ,09/10/2009 18:58 PAX 818 366 9072 BOB MUTE INS AGENCY 1E001 Commercial Certificate of Insurance Agency . BOB LEUTE INSURANCE AGENCY Name • 11143 TAMPA AVE., STE. ISA & • NORTHRIDGE, CA. 91326 Address • (818)366-1711"LICENSE 40427290 30 Diet 27 Agent 374 Thb palleate upon the cerUkaee Imue Date NM/DIM) is issuedas a matter holder. This Warded by the policies Companies conems A Truck "" °�;'1 FARMERS dtafamadan certificate does shown btiay. Providing Insurance Insurance Insurance 09/10/09 only not amend, Coverage Exchange Exchange wad confers no rights extend d or aka the Company In Name & 'Writes • CIAIR$ iIEILI SERVICE company 8 farmers beer Pans CMid-Century 0 • INDEPENDENT FORENSIC • 4276 "C" S4TH PLACE • SAN DIEGO, CA. 92115Compri Coverages Tlds is to nay that the policies of karma bard below bare been issued to the Enured named above for the pollg period indicated. Notwithwandkg any requirement.requiremant. team or condition of any oamtract or other document with respect to which ads cerlikete mg be hued or may pariahs. the folennce — afforded by the polidre described herein b subject to all the terms. emclasiorn and cendktons duds policies. Ueda shown may have been reduced by paid chime Leh' Type of Insurance Policy Number Poky Ellis:list Date swam Policy Emiration Policy Limits B re fc x General tiabiNty Commercial Generat Liability - Occurrence version 09141-57-94 - 09/01/09 09/Ol/10 - - General te AggdtBate Personal & Advatltiug la jury IlacirOccurrence$ Fire Damage (Myaa&e) Medal Eapaise =1,000,000 $1,000,000 $ 1,000,000 I,000,000 $ 73,000 $ 5,000 Contradiaal- Incidental Only Omen & Contractors Prot. (Any am persed B K % Auto liability Ai Owned Commercial Autos Scheduled Auto fitted Auto Non -Owned Autos Gam Liability 09141-57-94 09/01/09 09/01/10 Single t eink tlodpy enolury kiNSIY$ Property lens e Gunge Amite $ 1,000,000 $ $ $ Umbrella Liakikty N/A Lim S Workers' Compensation Employers' liability N/A Statulxry Eachlkxidestt Disease - Policy Limit f s Description of Open Baas/ Vedddes/Resbr[ctions/Spedd items: Certificate Name & Address Folder CLAM RE NELLI Motion Shook' any tithe above described polities he rid before be noskation dote thereof. the Issuing company MU endeavor to mad 30 days sedans notice to the certificate taoider - • to the Mt. but More to map such notioesMali impose no 4441fdim°r�; pf any kind dtpon the • • „, , *agents a representatives few s ROBERT V. LBV18 . . INDEPENDENT T FORENSIC SERVICE • 4276 "C" 54TH PLACE • SAN DIEGO, CA. 92115 58-24OZ 4.94 Distriiutitxr Service Center Copy and Agent's Copy net OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax INDEPENDENT FORENSIC NURSES, LLC Examinations Services for NCPD Sexual Assault Victims and Suspects Ronni Zengota (PD) Forwarded Copy of Agreement to Consultant