HomeMy WebLinkAboutJoint Powers Agreement for Blood Draw Agreement with ADA Countyl ~~ .1• ~
AGREEMENT NO. ~ 4 `~ 8 ~
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND
THE CITY OF MERIDIAN
THIS AGREEMENT ("Agreement") is entered into this ~~day of
Q c ~ 0 6 ev~ 1999, 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
"Ciry").
WITNESSETH
WHEREAS, Ciry 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 Ciry 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 Ciry.
3. Ciry will transport the person requiring a blood draw to a blood draw site
destination, and will notify EMS of said destination.
4. Ciry will provide a Blood Draw Kit for evidentiary purposes and 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.
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN -PAGE 1
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5. EMS will not be required to perform blood analysis.
6. In performing blood draw services, under no circumstances will EMS use
force upon, or assist in subduing, a subject who physically resists blood drawing.
7. 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.
8. City shall pay EMS thirty-seven ($37.00) 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 thirty-seven ($37.00) dollars for each blood draw shall be considered full and
complete payment for the service rendered.
9. City must pay EMS for any necessary court time at the rate of twenty-eight
($28.00) dollars per hour. Court time is defined as starting from the Court time listed on
the subpoena for actual court appearance and ending when EMS and/or Court is
dismissed, whichever occurs first.
10. City must pay EMS twenty-eight cents ($.28) per mile for travel to and
from the courthouse.
11. EMS will invoice Ciry 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.
12. Term of Agreement: The services to be performed under this Agreement
shall commence on October 1, 1999, and shall terminate on September 30, 2000. 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
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN -PAGE 2
• be performed hereunder, including any change in the compensation to EMS, shall be by
mutual agreement and written addendum executed by -both parties.
13. 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.
14. 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.
15. 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.
16. 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,
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN -PAGE 3
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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.
17. 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
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.
18. 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.
19. 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 EM5 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.
20. 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.
IN WITNESS WHEREOF, 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 4
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ATTEST:
alker,
David Navarro, Ada County Clerk
Board of Ada County Commissioners
By:
By:
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G. King ford, mmissioner
City of
By: ,
R ert Corrie
avor of Meridian
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BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN -PAGE 6
Meridian City Council
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
1, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerlc of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho,
with its principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and
minutes and do hereby certify that on the ~ day of
y,., , 1999, the following action has been taken and
authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "BLOOD DRAW AGREEMENT BETWEEN ADA
COUNTY AND THE CITY OF MERIDIAN", DATED THE DAY OF
_~fe~b~- , 1999, BY AND BETWEEN THE CITY OF MERIDIAN
AND ADA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF IDAHO.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with ADA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF
IDAHO, denoted as "BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY
AND THE CITY OF MERIDIAN", a copy of which is attached hereto marked as
Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in
said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL, as follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with ADA COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF IDAHO, entitled "BLOOD DRAW
AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN" dated
CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 1
the ~ day of ~ , 1999, by and between the City of
Meridian and ADA CO NTY, A POLITICAL SUBDIVISION OF THE STATE OF
IDAHO, a copy of which is attached hereto marked as Exhibit "A" to this Resolution
and to bind this City to its terms and conditions.
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STATE OF IDAI-I'O~~,fr~~~;~;~~,~,.~`'
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ILLIAM G. BERG, J .
CITY CLERK
County of Ada,
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On this day of , in the year 1999, before me,
a Notary Public, appeared WILLIAM G. BERG,
JR., wn or identified to me to be the City Clerlc of the City of Meridian, Idaho
that executed, the said instrument, and acknowledged to me that he executed the
same on behalf of the City of Meridian.
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CERTIFICATE OF CLERI< OF THE CITY OF MERIDIAN - 2