HomeMy WebLinkAboutBlood Draw Agreement with Ada County Emergency Medical Services for Test for alcohol and other intoxicating substancesAGREEMENT NO. Z-
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND
THE CITY OF MERIDIAN, IDAHO
THIS AGREEMENT ("Agreement") is entered into this ~ day of ,
200 by and between Ada County Emergency Medical Services District, a duly formed and
existing ambulance District pursuant to the Laws of the State of Idaho (hereinafter "EMS"),
and the City of Meridian, a municipal corporation of the State of Idaho and its Police
Department (hereinafter "City").
WITNESSETH
WHEREAS, the City requires blood drawing services for the purposes of
determining content of alcohol or other intoxicating substances in persons held by law
enforcement authorities, pursuant to Idaho Code § 18-8004, or any successor statute thereto;
and
WHEREAS, EMS is an entity whose personnel are authorized to draw blood for the
purposes of determining content of alcohol or other intoxicating substances, and is willing to
provide such blood drawing services.
NOW THEREFORE, the parties agree as follows:
1. EMS will provide necessary blood drawing services to the City on an on-call
basis, 24 hours per day, seven days per week, usually within one hour.
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN -PAGE 1
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2. The City shall request such services by notifying EMS through EMS dispatch.
Notification shall not be made until such time as City personnel are ready for EMS to take
the blood draw.
3. EMS will provide such blood draw services at all hospitals located in Ada
County and at the Ada County Jail.
4. The City shall be required to purchase and provide Blood Draw Kits for use
by EMS in drawing blood for evidentiary purposes. EMS shall not be required to provide
the Blood Draw Kits.
5. The City will maintain the necessary chain of evidence by retaining visual
custody and physical control of the person while blood is drawn, and will retain the chain of
possession by maintaining physical control of the Blood Draw Kit and the delivery of the
sealed kit to the designated lab for the desired tests. EMS will not offer instruction on the
care, custody or control of the blood sample.
6. Once the blood sample has been drawn by EMS, EMS personnel shall initial
the blood vials, complete any necessary forms, and shall immediately turn the sample over
to City personnel.
7. EMS will not be required to perform blood analysis, nor shall EMS collect
any other bodily fluids or human tissue for evidentiary purposes.
8. In performing blood draw services, under no circumstances will EMS use
force upon, or assist in subduing, a subject who physically resists blood drawing.
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN -PAGE 2
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9. In performing blood drawing services, EMS will not discriminate against any
persons on the basis of race, color, religion, sex, national origin, age, or physical handicap.
10. The City shall pay EMS Two Hundred Ten Dollars ($210.00) for each blood
draw taken pursuant to this Agreement.
11. Should EMS personnel be subpoenaed to testify in any court proceeding or
deposition regarding any blood draw performed pursuant to this Agreement, and should
such personnel then appear in response to said subpoena, the City will pay EMS an
additional Two Hundred Dollars ($200.00). If EMS personnel are subpoenaed to testify and
such proceeding is vacated or cancelled with sufficient notice to allow EMS personnel to be
notified of such vacation or cancellation, then no additional fee will be charged. For the
purposes of this Agreement, forty-eight (48) hours notice in advance of the scheduled
testimony is deemed to be sufficient notice.
12. The subpoena process shall be coordinated by the EMS Administrative
Secretary. Subpoenas shall be sent to the named EMS Paramedic, in care of Ada County
Emergency Medical Services, P.O. Box 140209, Boise, Idaho 83714, or shall be hand
delivered to 5870 Glenwood Street, Boise, Idaho 83714. All correspondence related to
blood draws, subpoenas, or court appearances shall be directed to the Administrative
Secretary.
13. EMS will invoice the City on a monthly basis for services rendered in
connection with this Agreement. Such invoice shall be paid by the City within thirty (30)
days of receipt of said invoice.
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN -PAGE 3
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