Blood Draw Agreement with Ada County EMS for Alcohol and other Intoxicating Substance Testing~~
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AGREEMENT N0, ~,.
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EN ADA COUNTY ND
BLOOD DRAW AGREEMENT BETWE ~ ,
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THE CITY OF MERIDIAN, IDAHO
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nt" is entered into this ~' day of Scp1~, 2D 12, ;;
THIS AGREEMENT ~ Agreeme }
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band between Ada Coon Emergency Medical Services District, a duly formed and existing
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ambulance District ursuant to the laws of the State of Idaho (hereina~er "EMS"}, and the City of
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Meridi a munici al co oration of the State of Idaho and its Police Department ~hereina~er
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tcClty"}
WITNESSETH
V~VHEREAS, 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,
ursuant to Idaho Cade 18-8004, or any successor statute thereto; and
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V~VHEREAS, EMS is an entity whose personnel are authorized to draw blood for the
oses of determining content of alcohol or other intoxicating substances, and is willing to
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provide such blood drawing services.
NOW THEREFORE, the parties agree a~s 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.
made until such time as Ci ersonnel are ready for EMS to take the
Notlficatlon shall not be tY p
blood draw.
3. EMS will provide such blood draw services at all hospitals located in Ada County
and at the Ada County Jail.
W AGREEMENT BETWEEN ADA COCJNTY AND THE CITY OF
BLOOD DRA
MERIDIAN 2012-13 -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 h sical control of the person while blood is drawn, and will retain the chain of possession by
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maintaining physical control of the Blood Draw Kit and the delivery of the sealed kit to the
designated lab for the desired tens. 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 subj ect who physically resists blood drawing.
9. rn 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
ersonnel then appear in response to said subpoena, the City will pay EMS an additional Two
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Hundred Dollars ($200.00}. If EMS personnel are subpoenaed to testify and such proceeding is
BLOQD DRAW AGREEMENT BETWEEN ADA COUNTY' AND THE CITY OF
MERIDIAN 2012-13 -PAGE 2
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cancelled with sufficient notice to allow EMS personnel to be notified of such vacation
vacated or
cellation then no additional fee will be charged. For the purposes of this Agreement, forty-
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ei t 48 hours notice in advance of the scheduled testimony is deemed to be sufficient notice.
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12. The sub Dena process shall be coordinated by the EMS Administrative Secretary.
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ub oenas shall be sent to the named EMS Paramedic, in care of Ada County Emergency Medical
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Services 370 N. Beri amin Lane, Boise, Idaho 83704, or shall be hand delivered to 370 N.
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Benjamin Lane, Boise, Idaho 83704. All correspondence related to blood draws, subpoenas, or
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court appearances shall, be dixected to the A~strative Secretary.
13. EMS will invoice the City on a monthly basis for services rendered in connection
with this A Bement, Such invoice shall be paid by the City within thirty (30} days of receipt of
said invoice.
14. Term of A reement: The services to be .performed under this Agreement shall
commence on the date written above and shall terminate on September 30, 2013. The Agreement
rna be terminated b either party upon thirty (30} days written notice. In the event this Agreement.
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terminated EMS shall have no claim a ainst the City other than for services due and
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owin u to the date of termination, This Agreement may be renewed for additional one-year
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terms.
15. No_ tires: 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 300 370 N. Benjamin Lane
Meridian, Idaho 83642 Boise, Idaho 83704
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN 2012-13 -PAGE 3
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' ma chap a their address for the purpose of this paragraph by giving written
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notice of such change to the other in the manner herein provided.
Assi ent: It is ex ressl agreed and understood by the parties hereto, that EMS
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' fer h othecate or sell any of its rights under this
shall not have the right to assign, trans yp
Agreement except upon the prior written consent of the City.
Com liance with Laws: This Agreement shall be governed by and construed and
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d in accordance with the laws of the state of Idaho. In performing the scope of services
enforce
' hereunder EMS shall com 1 with all applicable laws, ordinances, and codes of federal,
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d local overnrnents including but not limited to, the Health insurance Portability and
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Accountability Act of 1996 ("HIPAA").
18. Indemnification Defense and Insurance: EMS understands that it is afforded
certain rotections ursuant to Idaho Code §§ 18-80026) and (6)(a). The City, notwithstanding
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e rotections hereb a ees to hold Ada County and Ada County EMS, its officers, agents, and
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m to ees harmless and ees to provide any necessary legal defense from and against all claims,
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' ilities causes of action or enalties, arising out of any requests for blood samples by law
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enforcement officers or an blood drawing services provided pursuant to this Agreement, including,
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' o claims for assault bane false imprisonment, and violations of constitutional or
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civil ri is arisin .under the United States or Idaho Constitutions, statutory or common law;
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however nothin in this paragraph shall relieve EMS from any legal liability and/or defense costs
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arisin out of or in connection with claims for negligence in the performance of the services
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described herein.
Ada County is aself-insured entity.
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN 2012-13 -PAGE 4
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MS shall be considered an inde endent contractor for the City, and shall retain all
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' ' n concernin the rocedures to be used to properly draw blood. As an independent
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r EMS shall. not be considered an employee of the City, and therefore, shall not be entitled
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to an ersonnel benefits nor be subj ect to the provisions of the City's Personnel Policy.
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20. The A eement between the City and EMS is independent of any employment EMS
currentl has with any other entity, and said entity shall not be considered a party to this Agreement
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and has not a roved of nor consented to any of the terms or conditions set forth herein.
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21. EMS hereb ees to take all measures necessary to continue to be so qualified
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durin the term of this A eement. All costs incurred in maintaining such qualifications, including,
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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 continuousl so. qualified throughout the term of this Agreement, EMS will be held to have
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materially breached this contract.
22. Entire A eement: This Agreement constitutes the entire agreement of the parties
and su ersedes an and all other Agreements or understanding, oral or written, whether previous to
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the execution hereof or contemporaneous herewith.
IN WITNESS WHEREaF, the parties have executed this Agreement on the date and
year written above.
BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDYAN 2012.13 -PAGE 5
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Board of Emergency Medi 1 Services District
By
Rick Yzaguirre, lrman
ABS~N~'
By.
By:
n M. Ullman, Commissioner
' L, Case, Commissioner
ATTEST:
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Christ y D. Rich, Ada. County Clerk
BLOOD DRAW AGREEMENT BETWEEN ADA COtTNTY AND THE CITY OF
MERIDIAN 2012-13 - PAGE b '
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City of Meridian
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By.
Tammy eerd
Mavor o eridian
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ATTEST: ~ E IDIAN,~
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aycee an, Meridian City Clerk `~~.r ~~ ~~ v ~~
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BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF
MERIDIAN 2012-13 -PAGE ?
n:lemslbiood draw meridian agrmt 2012-13.doc