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AN AGREEMENT CONCERNING THE PROVISION OF CERTAIN CLINICAL SERVICES
FOR THE PURPOSE OF OBTAINING CRIMINAL EVIDENCE BETWEEN THE
PALM SPRINGS POLICE DEPARTMENT AND EISENHOWER MEDICAL CENTER
THIS AGREEMENT is made and entered into by and between the Palm Springs Police
Department (hereinafter "PSPD"), and Eisenhower Medical Center (hereinafter "Facility").
WHEREAS, the above named Facility provides emergency services seven days a week, 24
hours per day, and Facility is fully credentialed by the Department of Health Services of the
State of California; and
WHEREAS, The Palm Springs Police Department will need to transport persons to Facility
and may authorize certain procedures for the purpose of obtaining evidence;
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1. TERMS OF AGREEMENT
This agreement shall be effective July 1, 2011 through June 30, 2012. Either party may
terminate, without cause, this agreement upon thirty (30) days written notice
2. SCOPE OF SERVICE
2.1 PSPD will order a "Sexual Assault Examination" for the documentation and collection of
evidence at the Facility.
2.2 The signature of the officer or other designee of the police ordering the "Sexual Assault
Exam", shall be the PSPD's llo�ization for such services to commence and to
reimburse the Facility at the a�greed upon service rate.
3 SCOPE OF SERVICE FOR "SEXUAL ASSAULT EXAMINATIONS"
3.1 Facility shall provide a Sexual Assault Nurse Examiner who has completed a 40-hour
didactic training course and completed an orientation process, which includes the
Facility's required competencies to conduct forensic evidentiary examinations. The
Facility also agrees to provide access to the Sexual Assault Response Team, seven
days a week, 24 hours per day.
A. In extreme cases when a Forensic Nurse is not available to conduct such
exam, PSPD may be referred to Riverside County Regional Medical Center
for a forensic evidentiary examination and will pay the standard contract rate
charged by their agency.
B. EMC will contact the watch commander in the event of such circumstances.
3.2 The Facility represents and maintains that its personnel are skilled in the professional
field necessary to perform all services, duties and obligations required by this
agreement for "Sexual Assault Examinations". The Facility shall perform the services
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and duties in conformance to and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California. The
Facility further represents and warrants the PSPD that it has, and shall maintain
throughout the term of this agreement, all licenses, permits, qualifications and approvals
of regulatory and mandatory agencies to practice medicine in the State of California.
3.3 Any services authorized by the PSPD or designee are intended solely for the purpose of
medical information and evidence, and will not cover the medical treatment
of any person.
4 SERVICES RATE FOR "SEXUAL ASSAUL EXAMINATIONS"
4.1 The service rate shall include the Registered Nurses salaries, and benefits, nurses
stand-by pay, nurses training, nurses education and competency validation, clerical
support, quality improvement training and supplies. The Service Rate for the "Sexual
Assault Examination" for this contract has been established at $900.00 per exam
5. BILLING PROCEDURES
5.1 Facility will bill PSPD on a monthly basis. PSPD will remit all payments for
services within thirty (30) days of receipt of the bjling.
6. INDEPENDENT CONTRACTOR
6.1 The Facility is, for the purpose arising outn.of this Agreement, an Independent
Contractor, and shall not be deeed#n employee of PSPD. It is expressly
understood and agreed that th clity and its employees shall in no event, as a result
of the Agreement, be entitled ony benefits to which PSPD employees are entitled,
including but not limited to Aftime, any retirement benefits, worker's compensation
benefits, and injury leave or other leave benefits. The Facility hereby holds PSPD
harmless from any and all claims that may be made against BPD based upon any
contention by any third party that an employer -employee relationship exists by reason
of the Agreement.
6.2. It is further understood and agreed by the parties hereto that the Facility in the
performance of its obligation hereunder is subject to the control or direction of PSPD
merely as to the result to be accompanied by the services and methods for
accomplishing the results.
7. INDEMNIFICATION/HOLD HARMLESS
7.1 Each party shall defend, indemnify and hold harmless the other party and their
respective directors, officers, elected and appointed officials, employees, agents and
representatives from any liability whatsoever, based or asserted upon any services of
the Facility, its officers, employees, subcontractors, agents of representatives arising
out of in any way relating to the Agreement, including but not limited to property
damage, bodily injury, death or any other element of any kind or nature whatsoever
including fines, penalties or any other costs resulting from any reason whatsoever
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arising from the performance of the other party, its officers, agents, employees,
subcontractors, agents or representatives under the Agreement.
7.2 With respect to any action or claim subject to indemnification herein by a party,
that party shall at its sole cost, have the right to use counsel of its choice, subject to the
approval of the other party, which shall not be unreasonably withheld. Each party's
obligation to defend, indemnify and hold harmless the other party shall be subject to that
party having given written notice within a reasonable period of time of the claim or of
the commencement of the related action, as the case may be, and information and
reasonable assistance.
7.3 The specified insurance limits required in the Agreement shall in no way limit or
circumscribe Facility's obligations to indemnify and hold harmless the PSPD herein
from third party claims arising from the issues of this Agreement.
8. INSURANCE
8.1 Without limiting or diminishing the Facility's obligation to indemnify or hold PSPD
harmless, Facility shall procure and maintain or cause to be maintained, at its sole
cost and expense, the following insurance coverage's during the term of this
Agreement. The insurance requirements may be met with a program of
self-insurance.
A. Workers' Compensation:'
A%.
A.1 If the Facility has employ es efined by the State of California, the Facility
shall maintain statutory Wor`1t'stompensation Insurance (Coverage A) as
prescribed by the laws ofth " fate of California. Policy shall include Employers'
Liability (Coverage B) Inclr`bdi6g Occupational Disease with limits not less than
$1,000,000 per person per accident.
B. Commercial General Liability:
B.1 Commercial General Liability insurance coverage, including but not limited to ,
premises liability, contractual liability, products and completed operations liability,
personal and advertising injury, cross liability coverage and employment practices
liability covering claims which may arise from or out of the Facility's performance of
its obligations hereunder. Policy shall name PSPD, as the additional insured.
Policy limits of liability shall not be less than $1,000,000 per occurrence combined
single limit. If such insurance contains a general aggregate limit, shall apply
separately to this Agreement or be no less than two (2) times the occurrence limit.
C. Professional Liability Insurance
C.1 The Facility shall maintain Professional Liability Insurance providing coverage
for the Facility's performance of work included within this Agreement, with a limit of
liability not less than $1,000,000 per occurrence and $2,000,000 annual aggregate.
If the Facility's Professional Liability Insurance is written on a "claims made" basis
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rather than an occurrence basis, such insurance shall continue through the term of
the Agreement and Facility shall purchase at its sole expense either 1) an Extended
Reporting Endorsement (also known as Tail Coverage); or 2) Prior Dates Coverage
from new insurer with a retroactive date back to the date of , or prior to, the inception
of this Agreement; or 3) demonstrate through Certificates of Insurance that the
Facility has maintained continuous coverage with the same or original insurer.
Coverage provided under item 1), 2), 3) will continue for a period of five (5) years
beyond the termination of Agreement.
D. General Insurance Provisions — All lines:
D.1 Any insurance carrier providing insurance coverage hereunder shall be
admitted the State of California and have an A.M.BEST rating of not less than an A:
Vill (A:8), unless such requirements are waived by PSPD's Risk Manager. If
PSPD's Risk Manager waives a requirement for a particular insurer, such waiver is
only valid for that specific insurer and only for one policy term.
D.2. The Facility's insurance carrier(s) shall furnish PSPD with either: 1) properly
executed original Certificate(s) or insurance and certified original copies of
endorsements effecting coverage as require A. herein; or 2) if requested to do so in
writing by PSPD's Risk Manager, provide ngta4certified copies of policies
including all endorsements and all attackmerits thereto, showing such insurance is in
full force and effect. Further, said certi1fiQ_te(s) and policies of insurance shall
contain the covenant of the insurance carrier(s) that thirty (30) days written notice
shall be given to PSPD prior to any material modification, cancellation, expiration or
reduction in coverage of such in!§unce. In the event of material modification,
cancellation, expiration or re uctiA in coverage, the Agreement shall terminate
forthwith, unless PSPD receives, prior to such effective date, another properly
executed original Certificate of Insurance and original copies of endorsements or
certified original policies, including all endorsements and attachments thereto
evidencing coverage's set forth herein and the insurances required herein is in full
force and effect. The Facility shall not commence services until furnishing
PSPD with original Certificate(s) of Insurance and certified original copies of
endorsements and any and all other attachments as required In this Section.
An individual authorized by the insurance carrier to do so on its behalf shall
sign the original endorsement for each policy and the Certificate of Insurance.
D.3 It is understood and agreed to by the parties hereto and the insurance
company(s), that the Certificate(s) of Insurance and policies shall so covenant and
shall be construed as primary insurance, and PSPD's insurance and/or deductibles
and/or self -insured retention's or self -insured programs shall not be construed as
contributory
DA. The Palm Springs Police Departments Reserved Rights —Insurance. If, during
the term of this Agreement or any extension thereof, there is a material change in
the scope of services or performance of work; or there is a material change in
equipment to be used in the performance of the scope of work (such as the use of
aircraft or watercraft) PSPD reserves the right to adjust the types of insurance
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required under the Agreement and the monetary limits of liability for the insurance
coverage's currently require herein if, in the PSPD; Risk Manager's reasonable
judgment, the amount or type of insurance carried by the Faculty has become
inadequate.
9 GOVERNING LAW: JURISDICTION; SERVERABLITY
9.1 This Agreement and its construction and interpretation as to validity, performance
and breach shall be construed under the laws of the State of California. Any -
legal Actions related to this Agreement shall be filed in the appropriate court of
the State of California Located in Indio, California. In the event any provision in
this Agreement is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions will nevertheless continue in full force
without being impaired or invalidated in any way.
10. CONFIDENTIALITY
10.1 The Facility agrees to maintain the confidentiality of all client information in
accordance with all applicable federal, state and lol laws and regulations.
The Facility shall ensure it keeps confidential the names, addresses, phone
numbers, and any other individually identifiable information concerning clients
and the services they receive. The Facility shall not divulge any client information to
any unauthorized person.
10.2 The Facility shall maintain the confidentiality of all client records that it maintains,
receives, or send to PSPD. Records include, but may not be limited to, claims that
include individually identifiable client information, individually identifiable health records
and information, and/or Management information Systems records. The Facility shall
use reasonable safeguards to prevent unauthorized access to records. The Facility
shall notify the PSPD immediately of any breach or suspected breach of client
information via unauthorized access.
10.3 Applicable confidentiality law include, but are not limited to, California Welfare &
Institutions Code Sections 5328 through 5330, inclusive; 45 CFR Section 205.50: 45
CFR Parts 160 and 164, et seq: and 42 CDR -Chapter 1, Part 2. The Facility shall
require all its officers, employees, and agents providing services hereunder to
acknowledge understanding of, and agreement to fully comply with, such
confidentiality provisions.
11. ALTERATATION OF TERMS
11.1 No addition to, or alteration of, the term of this Agreement, whether by written or verbal
Understanding of the parties, their officers, agents, or employees, shall be valid unless
made in the form of a written amendment to this Agreement, which is executed by both
parties.
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12 NOTICES
12.1 Any notices required or desired to be served by any party upon the other shall be
addressed to the respective parties as set forth below or to such other addresses as
from time to time may be designated by the respective parties:
Police Department
Chief Alberto Franz
Palm Springs Police Department
200 South Civic Drive
Palm Springs, California
92262
Medical Facility
Eisenhower Medical Center
39000 Bob Hope Drive
Rancho Mirage, California
92270
For the reasons and purpose explained above, the Palm Springs Police Department
and Eisenhower Medical Center have caused their duly authorized representative to
execute this Agreement on the dates indicated below.
Palm Springs Police Department Eisenhower Medical Center
C Eklic—e Alberto Franz Nip, Mostofi
Palm Springs Police Department ice President, Healthcare Services
Date: _—_�— t
— Date:—---- —
r
City Manager
David Ready
Palm Springs Police Departrnibnt
200 South Civic Drive
Palm Springs, California
92262
Palm Springs City Mana
APPROVED BY CITY MANAGER
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