HomeMy WebLinkAboutJoint Agreement with Ada County for Blood Draw Agreement,# ',
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BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND
THE CITY OF MERIDIAN
THIS AGREEMENT ("Agreement") is entered into this , day of
_ , 2000, between Ada County, a political subdivision of the state of Idaho
(hereinafter referred to as "EMS"), and the City of Meridian, (hereinafter referred to as
"City").
WITNESSETH
WHEREAS, 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 City on an on-call
basis, 24 hours per day, seven days per week, usually within one hour.
2. EMS will provide such services, upon the verbal request of City.
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN -PAGE 1
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3. City will transport the person requiring a blood draw to a blood draw site
destination, and will notify EMS of said destination.
4. EMS will provide a Blood Draw Kit for evidentiary purposes.
5. 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 of maintaining physical control of the Blood Draw Kit and the delivery of the
sealed kit to the designated lab for the desired tests.
6. EMS will not be required to perform blood analysis.
7. In performing blood draw services, under no circumstances will EMS use
force upon, or assist in subduing, a subject who physically resists blood drawing.
8. 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.
9. City shall pay EMS three hundred ($300.00) dollars for each response to a
call by City. EMS shall be paid for each response even if EMS does not draw blood. The
payment of three hundred ($300.00) dollars for each response to a call for blood draw shall
be considered full and complete payment for the services rendered, including the kit, blood
draw, mileage, and any court time.
10. EMS will invoice City on a monthly basis for services rendered in connection
with this Agreement. Such invoice shall be paid by City within thirty (30) days of receipt of
said invoice.
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN -PAGE 2
11. Term of Agreement: The services to be performed .under this Agreement
shall commence on October 1, 2000, and shall terminate on September 30, 2001. 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 City other
than for services due and owing up to the date of termination. This Agreement may be
renewed for an additional one-year term at the existing rate upon mutual agreement by both
parties with a written addendum executed by both parties. Changes in the service to be
performed hereunder, including any change in the compensation to EMS, shall be by mutual
agreement and written addendum executed by both parties.
12. 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:
City of Meridian
33 East Idaho Ave.
Meridian, Idaho 83642
Ada County EMS
5870 Glenwood
Boise, Idaho 83714
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.
13. Assignment: 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 City.
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN -PAGE 3
14. Compliance with Laws: This Agreement shall be governed by and construed
and enforced in accordance with the laws of the state of Idaho. In performing the scope of
services required hereunder, EMS shall comply with all applicable laws, ordinances, and
codes of federal, state, and local governments.
15. Indemnification, Defense, and Insurance: EMS understands that it is afforded
certain protections pursuant to Idaho Code §§ 18-8002(6) and (6)(a). 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.
EMS will maintain and specifically agrees that it will maintain, throughout
the term of this Agreement, paramedic professional liability insurance and comprehensive
liability insurance in the minimum amount as specified in the Idaho Tort Claims Act set
forth in Title 6, Chapter 9, of the Idaho Code.
16. EMS shall be considered an independent contractor for City, and shall retain
all discretion concerning the procedures to be used to properly draw blood. As an
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN -PAGE 4
independent contractor, EMS shall not be considered an employee of City, and therefore,
shall not be entitled to any personnel benefits nor be subject to the provisions of City's
Personnel Policy.
17. The Agreement between 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.
18. EMS hereby agrees to take all 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.
19. Entire Agreement: 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.
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN -PAGE 5
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date
and year written above.
Commissioners
By:
By:
Walker, Commissioner
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By. d~
G. P. Kingsford, C issioner
ATTEST:
. David Navarro, Ada County Clerk
City
By:
Mayor of Meridian
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BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN -PAGE 6
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Meridian City Council
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BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN -PAGE 7