HomeMy WebLinkAboutReso 1976-8282
Form No. 342
Rev, 2/76
RESOLUTION N0. 8282
RESOLUTION OF THE CITY COUNCIL OF ~'fIE" CI'T'Y OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND CABRILLO MEDICAL CENTER/DOCTOR'S HOSPITAL
FOR PROFESSIONAL SERVICES
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and
CABRILLO MEDICAL CENTER/DOCTOR'S HOSPITAL, for professional services
dated the 1st day of July 19 76 a copy of
which is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula Vista.
Presented by
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William J. Winters, Chi of
Police
J'~ A~p~proved as to form by
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/, George D. Lindberg, City At orney
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 10th day of August 1976 by
AYES: Councilmen Egdahl, Hobel, Hyde, Hamilton
NAYES: Councilmen None
ABSENT: Councilmen Cox
Mayor of the City of Chula Vista
ATTES
City Cl rk
STATE OF CALIFORNIA)
COUIvPY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
of Chula
true and
not been
I, , City Clerk of the
Vista, California, DO HEREBY CERTIFY that the above is a
correct copy of Resolution No. and that the same
amended or repealed. DATED
City
full,
has
City Clerk
A G R E E M E N T
THIS AGREEMENT is made by THE CITY OF CHULA VISTA, a.
municipal corporation, herein called "City", and CABRII,LO MEDICAL
CENTER/DOCTOR'S HOSPITAL, 3475:Kenyon Street, San Diego, California.,
herein called "Hospital".
P. E C I T A L S
A. City's Police Department has need of a medical facility
to provide medical examinations and evaluations of victims of crimi-
nal ants and of criminal suspects and of court testimony regarding
such examinations and evaluations.
B. City requires Hospital's professional services.
C. Hospital is ready, willing, and able to provide such
professional services.
PdOW, THEREFORE, in consideration of the recitals and the
mutual obligations of the parties as herein expressed, City and
Hospital agree as follows:
1, hospital's Responsibilities.
(a) Hospital shall conduct physical examinations of
alleged victims of rape and sexual molestation and physical abuse.
Such examinations shall be f_or the purpose of gathering physical
evidence for subsequent use in court and for assessing the need for
medical treatment. The examination shall include, but is not limited
to, the taking of body specimens for. laboratory analysis, the taking
of photographs when appropriate, and a physical examination.
(b) Fospital shall conduct physical examinations of and
gather evidence for criminal prosecution from persons suspected of
having committed rape, murder., or any other serious violent crime.
(c) All physical evidence gathered by Hospital as a
result of the examination of an alleged victim of_ a criminal act
or of a criminal suspect shall be released. to City's Police Depart-
ment for laboratory analysis. Such evidence shall include, but is
not limited to, clothing, debris, fluids, and smear.
(d) Hospital's physicians shall testify in court as
expert medical witnesses regarding the findings of their examina-
tions.
2, Hospital's Compensation,
For IIOSpital's professional services, as described herein,
City shall pay Hospital a fee of ninety-seven dollars ($97.00) for
each physical examination performed. No deductions or withholding
from Hospital's fee shall be made for any purpose.
3. Term.
The term of this agreement shall commence on the 1st day
of July, 1976, and shall continue in effect until June 3b, 1977.
4, Facilities, Equipment, Materials, and Supplies,
Hospital shall conduct all examinations and tests, as des-
cribed herein, on its premises located at 3475 Y.enyon Street, San
Diego, California. Hospital shall provide equipment, material, and
supplies necessary to fulfill its responsibilities as described. herein
except for rape evidence collection kits which will be provided by
City.
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5. Independent Contractor..
Hospital is and shall be an independent contractor and not
an agent of City. Any provision in this agreement that may appear
to give City the right to direct Hospital as to the details of doing
the work or to exercise a measure of control over the work means
that Hospital shall follow the direction of the Chief of Police or
his designated representative as to end results of the work only.
6. Records.
Hospital shall keep true, accurate and complete records of
all medical examinations conducted which may thereafter involve crimi-
nal prosecutions requiring testimony by Hospital's physicians in a
court of law.
IT.d WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA CABRILLO MEDICAL, CENTER/
DOCTOR'S HOSPITAL
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City ,Attorney