HomeMy WebLinkAbout2014 CON Independent Forensic Services - Sexual Assault Examination ServicesAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
INDEPENDENT FORENSIC SERVICES, LLC
THIS AGREEMENT is entered into this 14t day of August 2014, by and between the
CITY OF NATIONAL CITY. a municipal corporation (the "CITY"), and INDEPENDENT
FORENSIC SERVICES, LLC, a limited liability company (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 Sexual
Assault Response Team (SART) by experience and ability 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 agrees to engage the
CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in
accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services shall be performed directly by the
CONSULTANT or under direct supervision of the CONSULTANT.
2. SCOPE OF SERVICES. The CONSULTANT shall provide examinations of
sexual assault victims and supects as requested by the City. The CONSULTANT 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.
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
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compensation associated with said change in services, not to exceed a factor of 20% from the
base amount.
3. PROJECT COORDINATION AND SUPERVISION. The Detective
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, R.N. 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, and
shall be in accordance with the Exhibit "A" (Fee Schedule). The total cost for all work performed
shall not exceed $23,000.00 annually (the Base amount) without prior written authorization from
the City Manager. Monthly invoices will be processed for payment and remitted within thirty
(30) days from receipt of invoice, provided that work is accomplished consistent with this
Agreement, 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. RETROACTIVELY EFFECTIVE DATE AND LENGTH OF
AGREEMENT. This Agreement will become effective on July 1, 2014. The duration of this
Agreement is for the period of July 1, 2014 through June 30, 2015, provided that the parties may
by writing, signed by both parties, mutually agree to extend this Agreement on the same terms
and conditions for three additional one-year terms.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports. Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONSULTANT for this Project, whether paper or electronic, shall become the property of the
2 2014 Agreement between City of National City
and Independent Forensic Services, LLC
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.
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 CONSULTANT 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, unemploy-
ment, 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
3 2014 Agreement between City of National City
and Independent Forensic Services, LLC
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.
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,
4 2014 Agreement between City of National City
and Independent Forensic Services, LLC
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.
14. CONFIDENTIAL INFORMATION. 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 foregoing obligation of this Section 13, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONSULTANT without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been
or is rightfully authorized by that third party.
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. In its performance hereunder, the
CONSUTTANT 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 14.
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, suites, 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 CONSULTANT'S performance or other
obligations under this Agreement; provided, however, that this indemnification and hold
harmless shall not include any claims or liability arising from the established sole negligence or
willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and
hold harmless obligations contained herein shall survive the termination of this Agreement for
any alleged or actual omission, act, or negligence under this Agreement that occurred during the
term 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
5 2014 Agreement between City of National City
and Independent Forensic Services, LLC
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 checked insurance policies:
A. ® If checked, Professional Liability Insurance (errors and
omissions) with minimum limits of $1,000,000 per occurrence.
B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and
employees as additional insureds, and a separate additional insured endorsement shall be
provided.
C. Commercial General Liability Insurance, with minimum limits of
$2.000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property
damage arising out of its operations under this Agreement.
D. 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.
E. 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.
F. 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.
G. Insurance shall be written with only California admitted companies that
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 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.
6 2014 Agreement between City of National City
and Independent Forensic Services, LLC
H. 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.
I. 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.
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 60-day's written notice to the
CONSULTANT. During said 60-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.
7 2014 Agreement between City of National City
and Independent Forensic Services, LLC
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. 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 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:
Manuel Rodriguez
Chief of Police
City of National City Police Department
1200 National City Boulevard
National City, CA 91950-4302
To CONSULTANT:
Claire Nelli, R.N.
Independent Forensic Services
4529 College Avenue
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
8 2014 Agreement between City of National City
and Independent Forensic Services, LLC
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.
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.
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 22 by the
CONSULTANT.
23. PREVAILING WAGES. State prevailing wage rates may apply to work
performed under this Agreement. State prevailing wages rates apply to all public works contracts
as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3,
1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates
apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and
regulations.
24. 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.
9 2014 Agreement between City of National City
and Independent Forensic Services, LLC
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. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the
parties shall be subject to the examination and audit of the State Auditor for a period of three (3)
years after final payment under the Agreement, per Government Code Section 8546.7.
J. 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.
K. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
L. 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
drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
[Signature Page to Follow]
10 2014 Agreement between City of National City
and Independent Forensic Services, LLC
CITY OF NATIONAL CITY
By.
Leslie Deese, City Manager
INDEPENDENT FORENSIC SERVICES,
LLC
(Soh proprietorship — one signature)
q f�jry
i
By:
Claire Nelli, RN
11 2014 Agreement between City of National City
and Independent Forensic Services, LLC
NA,TIO�iy�y a ',F
=. NcaVJ7 ORPORATe
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:
�^
� 1-tSIL S6J.Jic..Es
(Company Name)
For the purpose of inducing the City of National City to go forward with any contracts awarded
to I NO zpe (-o• K s (Company), I declare as follows:
I. CL.t'cti(l (Je-lt.s (nacre) , 0 W r/e-+r (title), am
authorized to execute this document on behalf of 1-w�72_�� . 1t ' ���+� S6cuiC'company)
with respect to compliance with the California Workers' Compensation and Labor laws. All work
required will be performed personally and solely by eolurtterrsof +ate_- ..S rt-e ri=c Se K-ar-•=
(company), who are inApendent contracts. If, however, jpat e,.,ic,-k Q ,.-,S14-
(company) shall ever be required to hire employees or Subcontractors to perform this contract, _
vk- wxt Ls+l.- Se4-Qw(company) 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 QP^' 4
(ccmrpan) against its financial interest, relative to any claims which may be asserted under the California
Workers' Compensation and/or Labor laws against the City of National City relating to any bid or
contract awarded C-o/.e ' _. S egv+r-t•1 (company).
vLe e v (company) 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 it hires an employee in violation of this addendum or if a volunteer of the organization
makes a claim against or alleges liability of the City of National City for Workers' Compensation, and it
will further indemnify the City of National City, its officers and employees, for all damages the City
thereby suffers.
1 agree that these declarations shall constitute an addendum to any bid or contract awarded to:
'Tv icR.'(—'(company).
Dated: Q.U� 20 i i N�PL'' 1�1 r✓ScL
(company)
Bv:
(Signature of Authorized Representative)
C-ge)
Lt�1tQ'`.�
(Name and Tith.)
AUG-18-2014 14:20 FROM:
TO:16192652891 P.2
ACORD
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMID WVYY)
08/1 e/2D1a
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE GOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTAT1VE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT. If tho cortiflcato holder 1s an ADDITIONAL INSURED, the poilcy(les) must ba ondorsed. If SUBROGATION IS WAIVED, Subject to
tho torme and conditions of the policy. certain policies may require an endorsement. A statement on this Certificate doss not canter rights to tho
cortificato holder In lieu of such endorsement(c),
PRODUCll
Richard Foldman(3026P1W)
21053 Devonshire SI Sle 205
Chatsworth
INSURED
CA 91311-6253
NELLI. CLAIRE
4529 COLLEGE AVE
SAN DIEGO
CA 92115
•
-coNTAcT
NAME:
PHONE 818-717.M55 h4..Nojt..
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INSURER ^:_ Truck Insurance Exchange _ 21709 _.
lepers eFarmers Insurance Exchange 21052
lH URCR c : Mid Century Insurance Company _ 21687
INBURERE,,
INSURER P ;
ION NUMBER:
Y THIS
INDICATED.
CERTIFICATE
EXCLUSIONS
INBR
LTR
IS TO CERTIFY THAT THE POLICIES
NOTWITHSTANDING ANY REQUIREMENT,
MAY BE ISSUED OR MAY
AND CONDITIONS OF SUCH
TYPO OP INSURANCE
OF INSURANCE
PERTAIN,
POLICIES.
ADOL
INBR
BURR
WVO
LISTED BELOW HAVE BEEN
TERM OR CONDITION OF ANY
THE INSURANCE AFFORDED BY
LIMITS SHOWN MAY HAVE BEEN
POLICY NUMBER
ISSUED TO
CONTRACT
THE POLICIES
REDUCED BY
POLICY EPP
IMM/DD/TYYYI
THE INSURED
OR OTHER DOCUMENT
DESCRIBED
PAID CLAIMS.
PO' UCThXP
NLIr�I[QOrray)
NAMED ABOVE FOR THE POLICY PERIOD
WITH RESPECT TO WHICH THIS
HEREIN IS SUBJECT TO ALL I'Ht TERMS,
• LIMITS
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LIADILITY
COMMERCIAL GENERAL LIABILITY
. CLAIMS -MADE I X I OCCUR
091415794
09/01/2014
09/01/2015
EACH OCCURRENCE S _ _2,000,000
"DAMAGE TOREN7'ED
PAE4I50.(�PY4wrreP,po) ;$ 100,000
MEO EXP An one ,eon $ 5.000
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AGGREGATE LIMIT APPLIES PER:
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GENERAL AGGREGATE.. 3..... 4,000,000
PRODUCTS_ COMP/OP ACC j S. 2.000.000
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AUTOMOBILE LIABILITY
COMBINED siNGLE LIMIT 2,000.000
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09/01/20151
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DESCRIPTION OP OPERATIONS! LOCATIONS / VEHICLES [Attach ACORD /01, Addlihnai Rermrhs 9d,ad,d.. I more *PO. Ia e.gNndl
4276 54TH PL STE C-54, SAN DIEGO. CA 92115
CERTIFICATE HOLDER
A
CITY OF NATIONAL CITY
CARE OF RONNI ZENGOGA
1200 NATIONAL CITY BLVD.
NATIONAL 'CITY
CA 01900
SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED DQPORC
THE EXPIRATION DATE THEREOF. 'NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRES6NTATIVB
ACORD 25 (2010/05)
®1988.2010 ACORD CORPORATION. Ail rights resorvod.
The ACORD name and logo Aro 'outstared marks of ACORD
•
CNA
Producer Branch Prefix
018098 970 HPG
Named Insured and Address:
Claire M Neill
4136 Oregon St
San Diego, CA 92104-1726
Medical Specialty:
Registered Nurse
Excludes Cosmetic Procedures
Professional Liability
r"1
HEALTHCARE PROVIDERS SERVICE
ORGANIZATION PURCHASING GROUP
4'Gertificate of 3nOurance
OCCURENCE POLICY FORM
Policy Number
0004006777
Code:
80964
Print Date: 9/1712013
L1flS.O
nurses service organization -
Policy Period
from 09/26/13 to 09/26/14 at 12:01 AM Standard Time
Program Administered by:
Nurses Service Organization
159 E. County Line Road
Hatboro, PA 19040-1218
1-800-247-1500
www.nso.com
Insurance Is provided by:
American Casualty Company of Reading, Pennsylvania
333 S. Wabash Avenue, Chicago, IL 60604
$2,000,000 each claim $ 6,000,000 aggregate
Your professional liability limits shown above include the following:
* Good Samaritan Liability " Malplacement Liability * Personal Injury Liability
* Sexual Misconduct Included in the PL limit shown above subject to $ 25,000 aggregate sublimit
Coverage Extensions
License Protection
Defendant Expense Benefit
Deposition Representation
Assault
Includes Workplace Violence Counseling
Medical Payments
First Aid
Damage to Property of Others
Information Privacy (HIPAA) Fines and Penalties
Workplace Liability
Workplace Liability
Fire & Water Legal Viability
Personal Liability
Total: $ 163.00
S 25,000
S 1,000
$ 10,000
$ 25,000
S 25,000
$ 10,000
$ 10,000
$ 25,000
per proceeding
per day limit
per deposition
per incident
per person
per incident
per incident
per incident
$ 25,000
$ 25,000
$ 10,000
S 25,000
$ 100,000
$ 10,000
$ 10,000
$ 25,000
aggregate
aggregate
aggregate
aggregate
aggregate
aggregate
aggregate
aggregate
Included in Professional Liability Umit shown above
Included in the PL limit shown above subject to $150,000 aggregate sublimit
$1,000,000 aggregate
Base Premium S163.00
Premium reflects Self Employed , Full Time
Policy Forms & Endorsements(Ptease see attached Iist for a general description of many common policy forms and
endorsements.)
G-121500-D
GSL15564
GSL3908
G-121503-C
GSL15565
GSL19904
G-121501-C1 G-145184-A G-147292-A
GSL17101 GSL13424 G-123846-004
�1w
Chairman of the Board Secretary
G-141241-B (03/2010) Coverage Change Date:
P'a I.69Z99Z619
GSL15583
GSL3888
Keep this document in a safe place.It
and proof of payment are your proof of
coverage. There is no coverage In force
unless the premium is paid in fulfil) order
to activate your coverage, please remit
premium in full by the effective date of
this Certificate of insurance.
Master Policy # 188711433
Endorsement Change Date:
S oisueiod luepuedepul
POLICY FORMS & ENDORSEMENTS
The list below contains general descriptions of the policy forms and endorsements that may or may not apply to your
professional liabifrty insurance policy. Please refer to your Certificate of Insurance for the policy forms &
endorsements specific to your stale and your policy period. Coverages, rates and limits may differ or may not be
available in all states. All products and services are subject to change without notice.
Think Green —expanded definitions and copies of these policy forms and endorsements are available online at
www.nso.com/policyforms
COMMON POLICY FORMS & ENDORSEMENTS
FORM # DESCRIPTION
Common Policy Conditions
Workplace Liability Form
Occurrence Policy Form - California
Policyholder Notice - OFAC Compliance Notice
Policyholder Notice - Silica, Mold & Asbestos Disclosure
Information Privacy Coverage Endorsement HIPAA Fines, Penalties & Notification Costs
Sexual Misconduct Sublimits of Liability Professional Liability & Sexual Misconduct Exclusion
Healthcare Providers Professional Liability Assault Coverage
Exclusion of Specified Activities Reuse of Parenteral Devices and Supplies
Services to Animals
California Cancellation and Non -Renewal
Coverage & Cap on Losses from Certified Acts Terrorism
Notice - Offer of Terrorism Coverage & Disclosure of Premium
Exclusion of Cosmetic Procedures
G-121500-D
G-121503-C
G-121501-C1
G-145184-A
G-147292-A
GSL15563
GSL15564
GSL15565
GSL17101
GSL13424
G-123846-D04
GSL3886
GSL3908
GSL19904
PLEASE REFER TO YOUR CERTIFICATE OF INSLRANCE FOR THE POLICY FORMS & ENDORSEMENTSSPECII
TO YOUR STATE AND YOUR POLICY PERIOD.
For NJ residents:
For KY residents:
For WV residents:
For FL residents:
The PLIGA surcharge shown on the Certificate of Insurance is the NJ Property & Liability Insurance
Guaranty Association.
The Surcharge shown on the Certificate of Insurance is the KY Firefighters and Law Enforcement
Foundation Program Fund and the KY LGPT is the KY Local Govemment Premium Tax which
includes charges at a municipality and/or county level.
The surcharge shown on the Certificate of Insurance is the WV Premium Surcharge.
The FIGA Assessment shown on the Certificate of insurance is the FL Insurance Guaranty Associati
- 2012 Regular Assessment.
Form#: G-141241-5 (03/2010)
Master Policy#:188711433
Tel 168Z99Z619
Named Insured: Claire M Nelli
Policy#: 0004008777
g oisueiod luepuedepul
Independent Forensic Services
4529 College Avenue
San Diego, CA 92115
6/09/2014
Effective July 01, 2014 the following increase will apply.
Forensic Exams of Victims at IFS $ 1250.00
Victim Exams at other facilities 1550.00
Suspect Exams at IFS 500.00
Suspect Exams at other facilities 580.00
Dry Run ( SANE called out- exam cancelled) 300.00
ThankClaire Ne li
Ifs06@att.net
619-265-2812
eti
v a
• k���l�
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950
619-336-4228 phone / 619-336-4229 fax
Michael R. Dalla, CMC - City Clerk
INDEPENDENT FORENSIC SERVICES
Sexual Assault Examination Services
Ronni Zengota (Police) Forwarded Copy of
Agreement to Independent Forensic Services