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HomeMy WebLinkAboutJoint Agreement for Blood Draw Agreement with ADA Coa AGREEMENT NO. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN THIS AGREEMENT ("Agreement") is entered into this 12`~ day of December, 1997, 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.__ _ ~a "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. 3. City will transport the person requiring a blood draw to a blood draw site destination, and will notify EMS of said destination. 4. City 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 BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 1 N:\emslgarcy.cbc Ref file /f: F,25.3.14 December 11, 1997 physical control of the Blood Draw Kit and the delivery of the sealed kit to the designated lab for the desired tests. 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.-. ~3 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 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. 12. Term of A reement: The services to be performed under this Agreement shall commence upon the date of this Agreement, and shall terminate on September 30, 1998. 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 BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 2 N:\ems\garcy.cbc Ref file !/: E25.3.14 December I1, 1997 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. 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 Ada County EMS 33 East Idaho Ave. 5870 Glenwood Meridian, Idaho 83642 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. Assi nment: 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 BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 3 N:\ems\garcy.cbe Ref file k: E25.3.14 December 11. 1997 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. 17. EMS shall be considered an independent contractor for Ciry, 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 Ciry, 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 Ciry 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 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. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 4 N:\ems\garcy.cbc Ref file k: E25.3.14 December I1, 1997 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. Board of Ada County Commissioners By: By: By: ATTEST: J. David Navarro, Ada County Clerk ~~~~~~ of Meridian BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 5 N:\emslgarcy.cbc Ref file q: E25.3.14 - December 11, 1997 Vernon L. Bisterfeldt, Chairman -- _-: Frank Walker, Commissioner Roger D. Simmons, Commissioner By By By By By: approved by Meridian City Council 12-16-97 ATTEST: __......,.._ ~~ 8~L __ ~ ~ '~ !'''''~~r~~N1r~1i nNN~~,``,`````` BLOOD DRAW AGREEMENT. BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 6 N:\ems\garcy.cbc Ref file k: E25.3.14 December 11, 1997 Meridian City Council .-, 4 , ~ - `1.1 .~ _... ~. ~~ ~~/ t . R~CEI~~.17- ~,: ~ ,~ ~, D E ~ 3 0 1997 ,~ ~ ~~~`l'~-, `~- ~~ ~~ AGREEMENT NO. ~ O~ ~~~AI~ ' ~~ ~ ~ ~ .. ~~~~ '2 'U'%~'1~r BLOOD DRAW AGREEMENT BE1'iWEEN ADA COUNTY AND THE CITY OF MERIDIAN THIS AGREEMENT ("Agreement") is entered into this 12~' day of December, 1997, between Ada County, a political subdivision of the state of Idaho (hereinafter referred to as "EMS"), and the Ciry of Meridian, (hereina~~- "Ciry"). WITNESSET Uv WF~REAS, Ciry requires blood d ~Q ~~ determining content of alcohol or other intoxicatin, /~,N%v" enforcement authornt><es, pursuant to Idaho Code § U" ~.~=-~~ ".~ ~G thereto; and WHEREAS, EMS is an entity whose blood for the purposes of determining content of alcohc and is willing to provide .such blood drawing services; NOW THEREFORE, the parties agree as 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. 3. City will transport the person requiring a blood draw to a blood draw site destination, and will notify EMS of said destination. 4. City 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 BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY MERIDIAN -PAGE 1 N:\emslgarcy.cbc Ref file #: E25.3.14 1997 AND THE CITY OF December 11, physical control of the Blood Draw Kit and the delivery of the sealed kit to the designated lab for the desired tests. 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 Ciry. 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 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. 12. Term of A reement: The services to be performed under this Agreement shall commence upon the date of this Agreement, and shall terminate on September 30, 1998. 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 BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 2 N:\emslgarcy.cbc Ref file /!: E25.3.14 . 1997 December 11, 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. 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 Ada County EMS 33 East Idaho Ave. 5870 Glenwood Meridian, Idaho 83642 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. Assi nment: 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 BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 3 N:\ems\garcy.cbc Ref file N: E25.3.14 December 11, 199'7 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. 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 parry 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 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. BLOOD. DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 4 N:\ems\garcy.cbc Ref file b: E25.3.14 December 11, 1997 20. Entire A reement: 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. Board of Ada County Commissioners ATTEST: By: Vernon L. Bisterfeldt, Chairman -- __: By: Frank Walker, Commissioner By: Roger D. Simmons, Commissioner J. David Navarro, Ada County Clerk City of By: Corrie. of Meridian ATTEST: ~~'~ ~~'~ ''~o SQL '~O't t8t •'`~,IQ ,~- p*. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 5 N:1ems\garcy.cbc Ref file l!: E25.3.14 December 11, 1997 Meridian City Council By By By By By: approved by Meridian City Council 12-16-97 ATTEST: ~``~„~n,nny,, . ~a ~` a 2 BBL __ ~ Cy.,~ '~ BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 6 N:1ems\garcy.cbc Ref file ~: E25.3.14 December 11, 1997 Meridian City Council December 16, 1997 Page 53 Herzfeld: I am song, I am Alan Herzfeld I am with the firm Nevin, Herzfeld and Benjamin. I am the attorney for the International Association of.Firefighters 2311 which is the certified bargaining representative of the fire fighters employed by Meridian and the Rural district. :' ITEM #26: DEPARTMENT REPORTS: Corrie: Chief? Gordon: Yes sir I have a couple of quick items, the breath testing machine that we the Police Department uses for testing alcohol content on drunk drivers is located down at the Sheriff's office. When that machine breaks or goes down or for some reason we are not allowed to use it we are required to draw blood at the St. AI's Hospital. The hospital because of liability reasons has been reluctant to do this. Ada County and the EMS has established a blood drawing crew they come out on request when the machine is down and draw blood for law enforcement agencies. The breath test machine was down a month ago and we called EMS out and found out that we don't have an existing contract with them and they require that. They drew. blood for us on this one individual and charged it to Boise City of which I haven't paid for yet. What I would ask I gave Mr. Crookston of the contract, the standard and it is signed they have an existing agreement with Garden City and Boise City and also the State police at this time. It does require the Mayor's signature and also a Council person. I would ask to get that signed. Corrie: Any questions of Council on that one? I will entertain a motion that Mayor and Council sign the agreement, if you want to see it. Rountree: I would like to see it or get Counsel's opinion of it. Crookston: I have not reviewed it yet. Come: Well let's give him a copy of it. Crookston: I have a copy. Morrow. Mr. Mayor, may I offer the suggestion then that that we as a Council have a motion to approve the contract upon approval by the City Attorney, authorize the Mayor to sign and the Clerk to attest and the four City Councilmen to sign. Rountree: Second Come: Motion made and second, discussion? All those in favor? Opposed? MOTION CARRIED: All Yea