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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its Police Department, herein called "Department ", WITNESSETH: WHEREAS, Department desires to have blood samples withdrawn from persons in Police custody suspected of driving a motor vehicle, or causing injuries or death when driving a motor vehicle, while under the influence of or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. r Executed in Pueblo, Colorado this 28th PARKVIEW EPISCOPAL MEDICAL CENTER W. C.W. Smith President/CEO April , 1997. day of CITY OF PUEBLO — Lu-�� C'�' ')�� Cathy A. Gar &a President of the Council 31'11 W,' Duipueblo.Doc AUTHORIZATION FORM " A ll tt 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