HomeMy WebLinkAboutBlood Draw Agreement and Business Associate Agreement with Ada County Paramedics for Alcohol and other Intoxicating Substance Testing~~ AdaCountyParamedics
~~ Neighbors for Life
October 16, 2009
Peggy Gardner, Administrative Secretary
Mayor's Office
The City of Meridian
33 E. Broadway Avenue, Suite 300
Meridian, ID 83642
Dear Ms. Gardner:
Enclosed please find two originals of the Blood Draw Agreement and Business Associates Agreement
between the City of Meridian and the Ada County EMS District.
Will you please have all of the originals signed and then return all of them to me. Once the Board of
Ada County Commissioners sign them in an Open Business meeting and the Ada County Clerk attest
them, I will return one of each completed original agreement to you.
Thank you for your help with this matter. If you have any questions, please feel free to contact me.
Sincerely,
~,(~(~~G`'~
Stacy Winn
Administrative Specialist
Enc.: Blood Draw Agreement
Business Associates Agreement
Four Original Documents
Troy M. Hagen, Director
P.O. Box 140209 5870 Glenwood Boise, ID 83714-0209
208-287-2950 phone 208-287-2999 fax
adaparamedics.org
AGREEMENT NO.
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND
THE CITY OF MERIDIAN, IDAHO
THIS AGREEMENT ("Agreement") is entered into this lst day of October, 2009, 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.
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.
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN -PAGE 1
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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.
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 regazding 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
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN -PAGE 2
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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.
14. Term of Agreement: The services to be performed under this Agreement shall
commence on the date signed by the parties and shall terminate on September 30, 2010. The
Agreement may be terminated by either party upon thirty (30) days written notice. In the event this
Agreement should be terminated, EMS shall have no claim against the City other than for services
due and owing up to the date of termination. This Agreement may be renewed for additional one-
year terms.
1 S. Notices: Any and all notices required to be given by either of the parties hereto,
unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when
mailed in the United States mail, certified, return receipt requested, addressed as follows:
The City of Meridian Ada County EMS
33 East Broadway Ave., Ste 300 5870 Glenwood Street
Meridian, Idaho 83642 Boise, Idaho 83714
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN -PAGE 3
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Either party may change their address for the purpose of this paragraph by giving written
notice of such change to the other in the manner herein provided.
16. Assigmm~ ent: It is expressly agreed and understood by the parties hereto, that EMS
shall not have the right to assign, transfer, hypothecate, or sell any of its rights under this
Agreement except upon the prior written consent of the City.
17. Compliance with Laws: This Agreement shall be governed by and construed and
enforced in accordance with the laws of the state of Idaha. In performing the scope of services
required hereunder, EMS shall comply with all applicable laws, ordinances, and codes of federal,
state, and local governments, including but not limited to, the Health Insurance Portability and
Accountability Act of 1996 ("HIPAA").
18. Indemnification, Defense, and Insurance: EMS understands that it is afforded
certain protections pursuant to Idaho Code §§ 18-8002(6) and (6)(a). The City, notwithstanding
these protections, hereby agrees to hold Ada County and Ada County EMS, its officers, agents, and
employees harmless and agrees to provide any necessary legal defense from and against all claims,
liabilities, causes of action, or penalties, arising out of any requests for blood samples by law
enforcement officers or any blood drawing services provided pursuant to this Agreement, including,
but not limited to, claims for assault, battery, false imprisonment, and violations of constitutional or
civil rights arising under the United States or Idaho Constitutions, statutory or common law;
however, nothing in this paragraph shall relieve EMS from any legal liability and/or defense costs
arising out of or in connection with claims for negligence in the performance of the services
described herein.
Ada County is aself-insured entity.
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN -PAGE 4
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19. EMS shall be considered an independent contractor for the City, and shall retain all
discretion concerning the procedures to be used to properly draw blood. As an independent
contractor, EMS shall not be considered an employee of the City, and therefore, shall not be entitled
to any personnel benefits nor be subject to the provisions of the City's Personnel Policy.
20. The Agreement between the City and EMS is independent of any employment EMS
currently has with any other entity, and said entity shall not be considered a party to this Agreement
and has not approved of nor consented to any of the terms or conditions set forth herein.
21. EMS hereby agrees to take ail measures necessary to continue to be so qualified
during the term of this Agreement. All costs incurred in maintaining such qualifications, including,
but not limited to, costs of training, testing, and licensing, if any there may be, shall be borne by
EMS. If EMS either is not so qualified at the time of execution of this Agreement, or does not
remain continuously so qualified throughout the term of this Agreement, EMS will be held to have
materially breached this contract.
22. Entire A erg ement: This Agreement constitutes the entire agreement of the parties
and supersedes any and all other Agreements or understanding, oral or written, whether previous to
the execution hereof or contemporaneous herewith.
IN WITNESS WHEREUF, the parties have executed this Agreement on the date and
year written above.
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN -PAGE 5
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Board of Emer ency Medical Services District
r
By:
Fred Tilman, Chairman
By; ~, % .
Sharon M. Ullman, Commissioner
t
By:
Rick Yzaguirre, Co i sio r
A'
Navarro, Ada County Clerk
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN -PAGE 6
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City of Meridian
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eridian City Council
By:
lie Roundtree, President
By:
Keith Bir
By:
David Zaremba
By:
Brad Hoaglun
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BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN -PAGE 7
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