HomeMy WebLinkAbout8109RESOLUTION NO. 8109
A RESOLUTION APPROVING A CONTRACT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION
AND PARKVIEW EPISCOPAL MEDICAL CENTER
RELATING TO WITHDRAWAL OF BLOOD SAMPLES AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL
TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Agreement dated April 1, 1997 between the City of Pueblo, a Municipal Corporation and
Parkview Episcopal Medical Center of Pueblo, Colorado, a true copy of which is attached hereto,
having been approved as to form by the City Attorney, is hereby approved subject to unencumbered
appropriations being available therefor in the 1997 budget, and, to the extent the Agreement may
remain in effect in subsequent years, subject to and contingent upon appropriations therefor in any
subsequent year budget.
SECTION 2
The President of the City Council is authorized to execute the Agreement in the name of and
on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest
same.
ATTEST:
City Cler
INTRODUCED: April 28 1 1997
By Al Giiride
Councilperson
APPROVED:
� Z 4. 2
President of the City C , 91ncil
J:\CrrY\POLICE\MISC\TRNSSFTY\RESOLUT3.WPD
AGREEMENT
THIS AGREEMENT made and entered into this 1 day of April 1997 between Parkview
Episcopal Medical Center of Pueblo, Colorado, herein called "Hospital ", and the Pueblo City Police
Department acting by and through its Police Department, herein called "Department ",
WITNESSETH:
WHEREAS, Department desires to have blood samples withdrawn from persons in Police
custody suspected of driving a motor vehicle, or causing injuries or death when driving a motor vehicle,
while under the influence of or impaired by alcohol herein called "Suspects ", and
WHEREAS, Hospital is willing to provide services for the withdrawal of blood samples
from such Suspects,
NOW, THEREFORE, in consideration of the mutual promises herein contained Hospital
and Department agree as follows:
Department will bring each Suspect to Hospital for the withdrawal of blood samples.
Hospital's only obligation under this Agreement is to withdraw blood samples and, if for
such purpose a Suspect must be restrained, Department's officers shall so restrain such
Suspect.
2. Upon execution of the Authorizing Form, Exhibit "A" attached hereto, by the arresting
officer who brought the Suspect to Hospital, Hospital will withdraw blood samples from the
Suspect, place identifying data on the blood sample, and deliver same to the arresting officer.
For each blood sample taken by Hospital, Department shall pay to Hospital the sum of
$17.00. Department shall also reimburse Hospital in an amount equal to the gross salary,
including benefits, paid by Hospital to or on behalf of its employees for time spent relating to
court appearances and the giving of testimony involving the withdrawal of such blood
samples.
4. Hospital will submit to Department a monthly billing for blood sample charges and salary
reimbursement and Department shall make payment to Hospital therefore within 20 days
from date of billing.
5. This Agreement shall become effective 4/1/97 and shall continue for an indefinite term.
Either party may terminate the Agreement by giving to the other party 60 days prior
written notice specifying the date of termination.
6. Department shall indemnify and hold harmless Hospital, its agents and employees, from all
civil liability, claims, damage, costs, expenses, including reasonable attorney fees caused by
or arising as the result of the act of withdrawing blood samples from any Suspect without the
written consent from such Suspect authorizing the withdrawal of blood for Police purposes.
DESCRIPTION OF SERVICE NEEDED
Police Department will bring each "Suspect" to the proposer's facility for withdrawal of
blood samples at anytime of day or night. The proposer's only obligation shall be to
withdraw, in accordance with applicable laws and regulations, blood samples from Suspects
and, if for such purpose a Suspect must be restrained, the Police Department Officers shall so
restrain such Suspect. Upon execution of proper authorization forms by the arresting or other
police officer who brought the Suspect to the proposer's facility, the proposer's qualified
personnel shall withdraw blood samples from the Suspect, place identifying data on the
blood sample, and deliver same to the Police Officer.
MANDATORY TERMS
8. Service provider shall have blood drawn only by a physician, registered nurse, paramedic,
emergency medical technician or person whose normal duties include withdrawing blood
samples under supervision of a physician or registered nurse, as provided by
C.R.S. 4 2 - 4 -13 01 . Blood samples shall be preserved in accordance with applicable
regulations of the Colorado Department of Health and other applicable regulations.
This Agreement is entered into with the understanding that service provider is entitled to the
benefit of the qualified immunity afforded to persons drawing such blood samples, as
provided by C.R.S. 42 -4-1301 (7) (b) (11) . Notwithstanding said qualified immunity,
service provider may in its discretion require Suspects to sign a release or consent form prior
to the withdrawal of blood, as recognized by C.R.S. 4 2 - 4 -13 01 (7) (a) (IV) .
Service provider acts under this Agreement as an independent contractor, and not as agent or
employee of the Police Department or City.
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Executed in Pueblo, Colorado this 28th
PARKVIEW EPISCOPAL MEDICAL CENTER
W.
C.W. Smith
President/CEO
April , 1997.
day of
CITY OF PUEBLO
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Cathy A. Gar &a
President of the Council
31'11 W,'
Duipueblo.Doc
AUTHORIZATION FORM
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The undersigned police officer of the Pueblo Police Department, having
reasonable grounds to believe that
Name and Address of Suspect
herein called suspect, was driving a motor vehicle or caused injury or death when driving a
motor vehicle while under the influence of, or impaired by, alcohol does hereby direct and
authorize Parkview Episcopal Medical Center of Pueblo, Colorado to withdraw blood
samples from said Suspect.
Dated at Pueblo, Colorado this day of , 19_
Witness
Pueblo Police Officer