HomeMy WebLinkAboutItem EAGENDA STAFF REPORT
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DATE: April 10, 2017
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Joe Miller, Interim Chief of Police
SUBJECT: AGREEMENT FOR EVIDENCE COLLECTION
SERVICES FOR ALLEGED SEXUAL ASSAULT CASES
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6722 authorizing the Seal Beach
Police Department to renew an existing agreement with AHMC Anaheim
Regional Medical Center to provide evidence collection services in alleged
sexual assault cases by their Sexual Assault Response Team (SART). This
agreement shall be effective for a three -year period commencing May 1, 2017,
terminating on April 30, 2020.
BACKGROUND AND ANALYSIS:
The current agreement between the City of Seal Beach and AHMC Anaheim
Regional Medical Center will expire April 30, 2017. According to the proposed
Agreement, AHMC Anaheim Regional Medical Center shall provide all services
necessary for sexual assault evidence collection.
Over the past five years, the Seal Beach Police Department has referred seven
(7) alleged victims of sexual assault for sexual assault examinations. These
examinations are conducted by a team of highly skilled and credentialed sexual
assault medical practitioners who are trained to conduct examinations, collect
evidence, assist in case preparation and provide testimony.
AHMC Anaheim Regional Medical Center has been providing these SART
services for the past seven (7) years at a cost of $750 per examination. The
moderate increases for this contractual agreement are below effective May 1,
2017:
1. $800 for a complete SART examination.
2. $200 for a SART response (in lieu of the $800 SART examination fee) if
the victim does not consent to an examination
3. $350 for testimony
Agenda Item E
On May 1, 2018, the cost for a complete SART examination will increase to
$850. All other fees will remain the same.
If there is additional medical care needed, the victim /patient will be registered
and treated separately from the SART examination.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
Based on the three -year term of the agreement and the annual average of SART
examinations over the past five years, the conservative annual cost of SART
examinations are approximated at $2,400 a year or $7,200 over the term of the
contract.
There is a provision for an adjustment of rates by the AHMC Anaheim Regional
Medical Center based on increased SART examination costs over the term of the
contract. These costs cannot be forecasted.
RECOMMENDATION:
That the City Council adopt Resolution No. 6722 number authorizing the Seal
Beach Police Department to renew an existing agreement with AHMC Anaheim
Regional Medical Center to provide evidence collection services in alleged
sexual assault cases by their Sexual Assault Response Team (SART).
SUBMITTED BY: NOTED AND APPROVED:
L OF
Joe
Chief of Police
Prepared by: Stephen Bowles, Commander
Attachments:
A. Agreement for Sexual Assault Evidence Collection
B. Resolution No. 6722
Page 2
"Attachment A"
AHMC Anaheim Regional Medical Center
AH: \1C I- Icolthcare
March 13, 2017
Please retain a signed copy and return the original to:
AHMC Anaheim Regional Medical Center
Administration
Attention: Vanessa C. Fa'amausili
1111 West La Palma Ave.
Anaheim, CA 92801
1111 West La Palma Avenue, Anaheim, CA 92801 1 714 999 6084
NUN
U
AHMC Anaheim Regional Medical Center
—� A I I% w I lc,ila•,aire
March 2. 2017
Seal Beach Police Department
Commander Joe Miller
911 Seal Beach Blvd
Seal Beach, CA 90740 -5601
Subject: Agreement for Evidence Collection Services for Alleged Sexual
Assault Victims
Commander Joe Miller.
Enclosed is the updated agreement for Evidence Collection Services for Alleged Sexual
Assault Victims with AHMC Anaheim Regional Medical Center. Over the past 7 ycars.
we have not adjusted the hospital fee. but after evaluating the costs associated with the
program we need to make an adjustment to cover expenses. We have designed a stair
step method to address the cost over time. Therefore as of May 1. 2017. the raWfor each
SART cram will increase by $50 to a total of $800 per exam. The following year, the fee
will increase again beginning on May 1. 2018. by S50 per SART Exam. totaling $850
each SARI' Exam. Please refer to sections 2.1 and 2.5 of the agreement that is enclosed.
AHMC Anaheim Regional Medical Center. remains committed to working with local
organizations and law enforcement in providing sexual assault examination services. If
you have any questions about the agreement or about The Safe Place services. please
contact our hospitaaalw-tth the information provided below.
Phyllis L. Sm`8er, RN
Chief Nursing Officer
Administration
Direct: 714.999.6084
Pax: 714.999.5242
11 11 Wcsl Lit Palma AvCIIaC - Anaheim. (eA 0_St11 -'_SSI • Phone: -1 id -I -ISO
AGREEMENT FOR EVIDENCE COLLECTION SERVICES FOR ALLEGED SEXUAL ASSAULT VICTIMS
THIS AGREEMENT FOR EVIDENCE COLLECTION SERVICES FOR ALLEGED SEXUAL ASSAULT
VICTIMS (this "Agreement ") is entered into as of May 1, 2017 (the "Effective Date ") between AHMC
Anaheim Regional Medical Center LP, a California limited partnership d /b /a AHMC Anaheim Regional
Medical Center ("Hospital"), and Seal Beach Police Department (the "Department "), with respect to
certain Sexual Assault Response Team ( "SART ") services.
WHEREAS, the Department requires the collection of clinical evidence with respect to certain
victims of alleged sexual assault, but does not have the capability to do so;
WHEREAS, Hospital is a general acute care hospital located in Anaheim, California that maintains
a specialized area for the performing of sexual assault examinations ( "SART Exams ");
WHEREAS, the Department desires to engage Hospital to conduct SART Exams, and Hospital is
willing to accept such engagement;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises set forth
herein, the parties agree as follows:
Hospital Responsibilities and Services.
1.1. SART Exam Room. Hospital shall provide a designated exam room for SART Exams and a
secure site for the colposcope and evidence, known as the "SART Exam Room" or the
"Safe Place ". Hospital shall furnish, repair, and maintain the SART Exam Room in a
manner consistent with its purposes as an examination area for SART services situated
within an acute care hospital environment. The SART Exam Room shall remain locked
when not in use by authorized SART personnel and its contents shall be organized
according to SART protocols, policies, and procedures.
1.2. Examination. Hospital agrees to provide approved SART Exams to alleged sexual assault
and rape victims for evidence, including videotaped colposcopic examination and
photographs. SART Exams will be conducted by appropriately licensed and trained
personnel competent in the use of the SART Exam equipment and the interpretation of
findings.
1.3. Release of Evidence. Hospital will release all evidence collected during the SART Exam,
including the videotape of the colposcopic examination and specimens, at the end of
the SART Exam in accordance with all statutes and regulations, including established
SART protocols and procedures, and Hospital will support the chain of custody.
1.4. Testimony. Hospital agrees to provide competent testimony as requested by the
Department upon receipt of an appropriate summons or subpoena.
I.S. Hospital Registration. SART Exam patients will be registered as Hospital patients in
accordance with Hospital policy for registration, in a manner that protects the privacy
and confidentiality of SART Exam patients. Hospital shall utilize a unique process at
registration for SART Exam patients to ensure that Hospital does not generate billing
statements for SART Exam patients.
1.6. Non -SART Exam Medical Care. In the event SART Exam patients require additional
treatment or services beyond the scope of the forensic medical SART Exam that is the
subject of this Agreement, the patients will be registered and treated separately from
the SART Exam and be subject to Hospital's normal procedures, including billing.
Rates: Invoice: Payment. In exchange for the SART services to be provided by Hospital pursuant
to Section 1 above, the Department shall compensate Hospital as follows:
2.1. SART Exam. Eight Hundred Dollars ($800) for each SART Exam.
2.2. Dry Run. Two Hundred Dollars ($200) for each Dry Run. For purposes of this Agreement
"Dry Run" means the dispatching by Hospital of a forensic nurse to conduct a SART
Exam and, through no fault of Hospital, the patient changes the patient's mind, refuses
to permit the SART Exam, does not want the SART Exam, or does not permit the forensic
nurse to conduct the SART Exam.
2.3. Testimony. Three Hundred Fifty Dollars ($350) for testimony.
2.4. Payment. Hospital will invoice the Department on a monthly basis and the Department
shall remit payment to Hospital within thirty (30) days after receipt of Hospital's invoice.
2.5. Adjustment of Rates. The Department acknowledges and agrees that Hospital is
entitled to increase the rates set forth in this Section 2 at any time and from time to
time as a result of Increased costs to Hospital relating to services provided under this
Agreement, including without limitation increases in costs to Hospital resulting from
increased rates charged Hospital by forensic nurses engaged by Hospital to conduct
SART Exams. Hospital will use reasonable efforts to provide the Department at least ten
(10) days prior written notice of any increase in rates as provided for herein.
3. Term: Termination.
3.1. Term. This Agreement will be for an initial term of three (3) years commencing as of the
Effective Date. The term of this Agreement may be extended, but only upon mutual
written agreement of the parties.
3.2. 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.
4. 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 Section 4 shall survive the
termination of this Agreement.
5. Confidentiality of Patient Information. None of the parties shall disclose any confidential patient
health information to any third party, except where permitted or required by law or where the
patient expressly approves such disclosure. Hospital and the Department shall comply with all
federal and State laws and regulations regarding the confidentiality of such information,
including without limitation the Health Insurance Portability and Accountability Act of 1996 and
the regulations promulgated thereunder, the California Confidentiality of Medical Information
Act, and the Confidentiality of Alcohol and Drug Abuse Patient Records regulations, all as
amended from time to time.
6. Anti - Referral Laws. Nothing in this Agreement, or any other written or oral agreement, or any
consideration in connection with this Agreement, contemplates or requires, or is intended to
induce, the admission or referral of any patient to or the generation of any business for Hospital
or the referral of any patient to any physician.
7. Non - Discrimination. The parties will not unlawfully discriminate against any individual based on
race, color, religion, nationality, gender, sexual orientation, age, condition of disability, or any
other protected class.
8. Relationship Between the Parties. It is expressly understood that in the performance of this
Agreement the parties each act in an independent capacity and not as partners, joint venturers,
agents or any other relationship of a similar nature.
9. Severability. The parties agree and acknowledge that if any provision of this Agreement is
determined to be illegal or unenforceable, such determination shall not affect the balance of
this Agreement, which shall remain in full force and effect and such invalid provision shall be
deemed severable.
10. Entire Agreement; Modification. This Agreement contains the entire understanding of the
parties with respect to the subject matter hereof and supersedes all prior agreements, oral or
written, and all other communications between the parties relating to such subject matter. This
Agreement may not be amended or modified except by mutual written agreement.
11. Counterparts. This Agreement and any amendment hereto may be executed in counterparts,
and signatures exchanged by facsimile or other electronic means are effective to the same
extent as original signatures.
12. Notices. All notices hereunder shall be in writing and delivered to the party to whom such
notice is directed at the address, facsimile number or electronic mail address set forth on the
signature page hereof.
13. Non - Exclusivity. This Agreement is not exclusive, and nothing herein shall preclude either party
from contracting with any other person or entity for any purpose.
(SIGNATURE PAGE FOLLOWS]
[SIGNATURE PAGE TO AGREEMENT FOR EVIDENCE COLLECTION SERVICES FOR ALLEGED SEXUAL
ASSAULT VICTIMS)
HOSPITAL:
AHMC ANAHEIM REGIONAL MEDICAL CENTER LP
d /b /a AHMC Anaheim Regional Medical Center
Name: Richard Castro
Title: Chief Executive Officer
Address for Notices:
AHMC Anaheim Regional Medical Center
1111 W. La Palma Ave.
Anaheim, CA 92801
Attn: Richard Castro
Fax:714 999 6027
Email:rcastro(@ahmchealth.com
DEPARTMENT:
Seal Beach Police Department
By:_
Name:
Title:
Address for Notices:
911 Seal Beach Blvd
Seal Beach, CA 90740 -5601
Fax:
RESOLUTION NUMBER 6722
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE AGREEMENT WITH THE AHMC ANAHEIM
REGIONAL MEDICAL CENTER FOR EVIDENCE COLLECTION
SERVICES IN ALLEGED SEXUAL ASSAULT CASES
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves the proposed three year
Agreement between the City of Seal Beach and AHMC Anaheim Regional
Medical Center for evidence collection services for alleged sexual assault
victims.
Section 2. The Council hereby authorizes the City Manager to execute the
Agreement on behalf of the City.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 10th day of April, 2017 by the following vote:
AYES: Council
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Sandra Massa - Lavitt, Mayor
ATTEST:
Robin L. Roberts, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that
the foregoing resolution is the original copy of Resolution Number 6722 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 10th day of April, 2017.
Robin L. Roberts, City Clerk