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HomeMy WebLinkAboutBlood Draw Agreement with Ada County EMS for Alchohol and other intoxicating substancesy . ~ AGREEMENT NO. ~ !~ BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN, IDAHO THIS AGREEMENT ("Agreement") is entered into this 1st day of October, 2010, 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 n:\ems\blood draw meridian agmt 10-] l .doc 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 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 BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 2 n:\ems\blood draw meridian agmt 10-1 l.doc 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 written above and shall terminate on September 30, 2011. 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. 15. 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 n:\ems\blood draw meridian agent 10-1 l.doc 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. 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 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 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, 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 n:\ems\blood draw meridian agent 10-I l.doc 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 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. 22. 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 5 n:\ems\blood draw meridian agmt 10-1 l.doc Board of Emergency Medical Services District By: Rick Yzaguirre, it an By: Sharon M. Ullman, Commissioner By: Fred Tilman, Commissioner ATTEST: J. David Navarro, Ada County Clerk BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 6 n:\ems\blood draw meridian agmt 10-1 l.doc City of Meridian Mayor Tammyde Weerd Mayor of 1~(Ie dian Merida City Council By: David Zare a, Pr By: Brad Hoa~lw~! Vice By: Keith rd p ~ 16~ ~; ie Roundtree ~~ ATTEST: V ~° p °~ ~~'~` ~~' ®n.. F~ ~ ~ ~~ ~ .~ ,~ o ~~~.~~, a~ 4 Ja e H an, era ian ~l ~~~ ~~,~ ~' ~, ,, ti., ~, u, `%~ f ,,. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 7 n:lems\blood draw meridian agmt 10-I l.doc