HomeMy WebLinkAbout11017Docusign Envelope ID: 7C1 D2820-853D-4C41-91 B5-8AD0419BC1 F1
ORDINANCE NO. 11017
AN ORDINANCE APPROVING A LAW ENFORCEMENT
SERVICES AGREEMENT - EVIDENCE AND SPECIMEN
COLLECTION FOR ALCOHOL & DRUG TESTING - BETWEEN
THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION, AND PARKVIEW MEDICAL CENTER, A
COLORADO NON-PROFIT CORPORATION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Law Enforcement Services Agreement between the City of Pueblo, a Colorado
Municipal Corporation, and Parkview Medical Center, a Colorado Non-profit Corporation, a copy
of which is attached hereto, having been approved as to form by the Pueblo City Attorney, is
hereby approved.
SECTION 2.
The Mayor is authorized to execute and deliver the Services Agreement in the name of
the City of Pueblo, and the City Clerk is directed to affix the seal of the City thereto and attest
same.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts consistent with
this Ordinance and the attached Agreement to implement the policies and procedures described
therein.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on July 28, 2025.
Final adoption of Ordinance by City Council on August 11, 2025. DocuSignedby:
auff
President of City ounce
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Action by the Mayor:
Approved on 8/13/2025 1 4:52 PM MDT
❑ Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
❑ Council did not act to override the Mayor's veto.
❑ Ordinance re -adopted on a vote of , on
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST QocuSPgnedby:
City Clerk
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City Clerk's Office Item # R11
COUNCIL MEETING DATE: August 11, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Chris Noeller, Chief of Police
SUBJECT: AN ORDINANCE APPROVING A LAW ENFORCEMENT SERVICES
AGREEMENT - EVIDENCE AND SPECIMEN COLLECTION FOR
ALCOHOL & DRUG TESTING - BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION, AND PARKVIEW MEDICAL
CENTER, A COLORADO NON-PROFIT CORPORATION
SUMMARY:
The Ordinance will approve an agreement with Parkview Medical Center to obtain
services in connection with the execution of its law enforcement duties, to collect
evidence and specimens for the purposes of drug and alcohol testing.
PREVIOUS COUNCIL ACTION:
The City of Pueblo has previously approved substantially similar service agreements with
medical providers in the past.
BACKGROUND:
Parkview Medical Center and the Pueblo Police Department, in an attempt to clearly
define each party's roles and responsibilities, have reduced to writing an agreement for
Parkview Medical Center to provide professional healthcare services necessary for the
collection of blood, saliva, or urine for the purpose of evidence and/or specimen
collection for drug and alcohol testing. Parkview Medical Center will provide timely
collection on patients and alleged suspects presenting in accordance with hospital
policies and procedures governing evidence collection and disclosures of protected
health information to law enforcement agencies.
FINANCIAL IMPLICATIONS:
Pursuant to the terms of the agreement, Parkview Medical Center will charge $47 per
test for blood and urine alcohol level testing.
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BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
None.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
Pueblo PD Specimen FINAL Draft May 22-2025
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LAW ENFORCEMENT SERVICES AGREEMENT
Evidence and Specimen Collection for Alcohol & Drug Testing
This Services Agreement (the "Agreemen ") is made and entered into this 11 day of
Auglist 2025 ("Effective Date") by and between Parkview Medical Center, a Colorado non-
profit corporation (""Hospital"") and the City of Pueblo, Pueblo Police Department ("AgLncy").
RECITALS
WHEREAS, Hospital provides medical and emergency services to patients; and
WHEREAS, Agency is a law enforcement agency in the State of Colorado that desires to
obtain services from Hospital, in connection with the execution of its law enforcement duties, to
collect evidence and specimens for the purposes of drug and alcohol testing; and
WHEREAS, Hospital desires to provide services to Agency; and
WHEREAS, Agency and Hospital desire to enter into this Agreement for the provision of
services.
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and
covenants contained herein, the parties agree as follows:
AGREEMENT
SECTION 1. TERM, TERMINATION, AND RIGHTS UPON TERMINATION
1.1. Term. This Agreement has an initial term commencing as of the Effective Date and
continuing in full force and effect for one (1) year (the "Initial Term"). Thereafter this
Agreement shall automatically renew for additional one-year terms unless terminated by
either party pursuant to this Agreement.
1.2. Termination. Either party may terminate this Agreement with or without cause upon thirty
(30) days written notice to the other party. Said notice shall be deemed received by the
other party within four (4) days of the postmarked date if the notice is sent by registered
mail, return receipt requested.
1.3. Obligations after Termination.. Following termination of this Agreement for any reason,
the parties agree that all obligations of this Agreement shall also terminate, with the
exception of medical records management, confidentiality, and payment for any service
provided prior to termination.
SECTION 2. OBLIGATIONS OF THE PARTIES
2.1. Hospital's Obligations. Hospital shall perform services as set forth on Attachment A (the
"Services").
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2.2 Ajzengy's Obligations. Agency agrees to cooperate fully with Hospital during its delivery
of Services. Agency agrees to provide documentation, including but not limited to a
subpoena, warrant, or court order, as may be required under Hospital policies or as may
be required by local, state or federal law. Agency agrees that neither it, nor any of
Agency's Officers ("Agency Officers"), will interfere with Hospital's provision of
medical care to any individual whether such individual is a suspect, person of interest, or
patient, including but not limited to such care as Hospital deems, in its sole discretion, is
necessary to meet Hospital's obligations under the Emergency Medical Treatment and
Labor Act (EMTALA).
2.3. Compensation;. Agency agrees to pay for Services rendered according to the fee schedule
annexed hereto as Attachment B and made a part hereof.
The parties expressly acknowledge that the compensation provided for in this Agreement
for the performance of Services does not exceed that compensation that is reasonable and
necessary for the legitimate business purposes of the arrangement and that such
compensation provided for has resulted from arm's length negotiations between the
parties, has not been determined in a manner that takes into account the volume or value
of referrals or business otherwise generated between the parties, and is to the best
knowledge of each party consistent with fair market value for the services to be rendered
as set forth in this Agreement.
Attachment B to this Agreement may be amended by Hospital upon written notice by
Hospital to Agency and shall be effective as of the date set forth therein in the amended
Attachment. In no event shall any rate change be retroactive beyond thirty (30) days.
2.4. Pavment Method. Agency shall make payment within thirty (30) days of receipt of
Hospital's bill. If Agency's payment is not in accordance with Attachment B, either party
may bring such error to the other's attention. If payment is less than the amount indicated
on Attachment B, Agency agrees to pay the balance due within thirty (30) days of
notification of error. If payment is greater than that indicated on Attachment B, Hospital
agrees to cooperate with Agency to correct the error within thirty (30) days.
2.5. Records. Hospital shall retain all orders, results, and billing records in accordance with
applicable laws and Hospital policies.
2.6. Access to Records. Hospital's medical records and financial records shall be, and remain,
the property of Hospital and shall not be accessed, removed, or transferred from Hospital
except in accordance with applicable local, state and federal law and regulations and
Hospital's policies and procedures. To the extent permitted by law and Hospital's policies
and procedures, Agency may request copies of said medical records, Hospital shall be
reimbursed its usual and customary charges for copies of medical records. Hospital shall
not charge for, nor shall Agency pay for, the written report typically sent to Agency as
specified in paragraph 2.7.
2.7. Agency Records. Hospital shall provide Agency with a written report of results for the
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Services. Agency agrees to maintain a record handling system which maintains patient
confidentiality and reduces requests for duplicate copies.
2.8. Errors. Acts. and Omissions. Each party agrees to be responsible for its own liability (acts
and omissions of its own employees) incurred as a result of its participation in this
Agreement, and to defend its own liability actions, should it be needed. In the event any
claim is litigated, each of the Parties will be responsible for its own expenses of litigation
or other costs associated with enforcing this Agreement. In the event any claim is made
under this Agreement by a party to this Agreement or a third party, each party will be
responsible for its own representation, expenses of litigation or other costs.
2.9 Lawful Renorting, Nothing in this Agreement shall preclude the lawful reporting of any
alleged misconduct, including fraud, abuse or waste, to any government agency, medical
facility or board that is authorized to receive such information.
2.10 Ethics. Agency and Hospital understand and agree that all of its obligations under this
Agreement shall be conducted in accordance with all applicable laws and regulations. In
addition, Agency and Hospital understand and agree that all of its business operations will
be conducted in accordance with the highest business and ethical standards applicable to
law enforcement agencies.
2.11 Governmental Immunity Act. No term or condition of this Agreement shall be construed
or interpreted as a waiver, express or implied, of any of the notices, requirements,
immunities, rights, benefits, protections, limitations of liability, and other provisions of
the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other
applicable law.
SECTION 3. GENERAL PROVISIONS
3.0. Section Headingg. The headings of sections in this Agreement are for reference only and
shall not affect the meaning of this Agreement.
3.1. Provisions Se arable. The provisions of this Agreement are independent of and separable
from each other, and no provision shall be affected or rendered in -valid or unenforceable
by virtue of the fact that for any reason any other or others of them may be invalid or
unenforceable in whole or in part.
3.2. Dim. The parties agree to work cooperatively and in good faith to attempt to resolve
issues concerning this Agreement on an informal basis within 30 (thirty) calendar days of
the first notification of such dispute. If the parties cannot resolve issues on an informal
basis, any dispute, controversy, or claim arising out of this Agreement may be settled in a
Court having exclusive jurisdiction for any breach thereof in the State of Colorado, and if
necessary for exclusive federal questions, the U.S. District Court for the District of
Colorado. Each party shall be responsible for its own attorney's fees, costs and expenses
arising from any judicial proceeding.
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3.3. Waiver of Breach. The failure of Agency or Hospital to object to or to take affirmative
action with respect to any conduct of the other which is a breach of this Agreement shall
not be construed as a waiver of that breach or of any prior or future breaches of this
Agreement.
3.4. Entire Agieement. This Agreement together with its Attachments constitute the entire
understanding of the parties to this Agreement, and supersede all prior Proposals,
representations, communications, negotiations, and agreements between the parties
whether oral or written.
3.5. Assignment. This Agreement may not be assigned, delegated, or transferred by either party
without the prior written consent of the other party, provided however, Hospital may,
without consent, upon notice to Agency, assign this Agreement and the rights and
obligations hereunder to any affiliate of University of Colorado Health which may succeed
to the operations of the Hospital facilities pursuant to a long-term lease of such facilities.
3.6. Unforeseen Circumstances. In the event that Hospital does not have proper facilities or
staff to provide Services, or in the event of circumstances beyond its reasonable control
such as major disaster, epidemic, war, complete or partial destruction of facilities, disability
of a significant number of personnel or significant labor disputes, Hospital shall provide
Services to the extent possible according to its best judgment or limitations of such
facilities and personnel as are then available, but Hospital shall have no liability or
obligation for delay or failure to provide or arrange for such services.
3.7. Independent Contractors. Hospital and Agency are independent contractors, and this
Agreement shall not constitute the formation of a partnership, joint venture, or employment
relationship. The parties shall not exercise control over the performance of the other
hereunder.
3.8 No Obligation to Make Referrals. The parties acknowledge that nothing contained herein
shall be interpreted to require or obligate either party to admit or cause the admittance of
patients to Hospital or to utilize Hospital's services. The parties further acknowledge that
none of the benefits granted the parties under this Agreement are conditioned on any
requirement or expectation that the parties make or influence referrals to the other party or
otherwise generate business for the other party. The parties further acknowledge that
neither party is restricted from referring any service to, or otherwise generating any
business for, any other entity of their choosing.
3.9 Excluded PMvid Each party represents and warrants to the other that it has not been
sanctioned by the Office of Inspector General ("OIG") of the Department of Health and
Human Services, barred from federal or state procurement programs, or convicted of a
criminal offense with respect to health care reimbursement. Each party shall notify the
other immediately if the foregoing representation becomes untrue or they are notified by
the OIG or other enforcement agencies of proposed sanctions as a result of an investigation.
If at any time after the effective date of this Agreement it is determined that either party is
in breach of this Section, this Agreement shall, as of the effective date of such exclusion
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or breach, automatically terminate,
3.10, Amendment. Except as otherwise provided for in this Agreement, this Agreement may not
be amended or changed in any of its provisions except by a subsequent written agreement
signed by duly authorized representatives of Agency and Hospital,
3.12. Notices. Any notices or other communications required or contemplated under the
provisions of this Agreement shall be in writing and delivered in person, evidenced by a
signed receipt, or mailed by certified mail, return receipt requested, postage prepaid, to the
addresses indicated below.
If to Hospital: UCHealth Legal Department
1400 E. Boulder St, 3 d Floor
Colorado Springs, CO 80909
If to Agency: Attn: Chief of Police
Pueblo Police Department
200 S Main St -
Pueblo, CO 81003
3.13. Governing Law. This Agreement shall be interpreted in accordance with, and governed by,
the laws of the State of Colorado.
3.14. Confidentiality and HLPAA!QgMpliance. All patient records, medical information and/or
other information that relates to or identifies patients derived from or obtained during the
course of the performance of the services under this Agreement will be treated by the
parties as confidential so as to comply with all applicable state and federal laws and
regulations regarding confidentiality of patient records, and will not be used, released,
disclosed, or published to any party other than as required or permitted under applicable
law. The parties will not use or disclose protected health information other than the
minimum necessary required to accomplish the Services, in compliance with applicable
state and federal laws and regulations, including but not limited to the Standards for Privacy
of Individually Identifiable Health Information, 45 C.F.R. Parts 160 and 164, promulgated
pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").
This agreement may be amended if necessary to comply with any federal or state rules or
regulations regarding exchange of patient identifiable information.
[Signature Page Follows]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement through duly
authorized officers, as follows:
AGENCY:
By: haw" aV'a�.a"
Name: Heather Graham
Title: Mayor
HOSPITAL
By.
Name:
-f 1->
Title: k A-e< , sN
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ATTACHMENT A
Scope of Services
Hospital agrees to provide Agency with professional health care services necessary for the
collection of blood, saliva, or urine ("Services") for the purpose of evidence and/or specimen
collection for drug and alcohol testing. Hospital will provide timely collection on patients and
alleged suspects presenting from Agency in accordance with Hospital policies and procedures
governing evidence collection and disclosures of protected health information to law enforcement
agencies.
In performance of the Services wider this Agreement, the parties agree as follows:
Agency shall only request evidence or specimen collection as permitted by law, including
but not limited to, pursuant to a valid court order or search warrant or according to C.R.S.
§ 42-4-130 1.1 (e.g., where a patient is dead or unconscious, as outlined below).
• Pursuant to C.R.S. § 42-4-130 1. 1, and absent a valid court order, Agency shall not require,
and Hospital shall have no obligation to provide, Services in cases where a patient or
suspect refuses consent to specimen collection. Provided, however, that pursuant to C.R.S.
§ 42-4-130 1. 1, Agency may request Services to collect specimens from a patient or suspect
who is dead or unconscious, provided however, that Hospital will not administer a test to
a person who is unconscious, hospitalized, or undergoing medical treatment if the test
would endanger the person's life or health. In cases where a test cannot be completed on a
dead or unconscious patient, Hospital will pen -nit Agency to test any blood, urine, or saliva
that was obtained and not utilized by a health care provider and shall have access to that
portion of the analysis and results of any tests administered by such provider that shows
the alcohol or drug content of the person's blood, urine, or saliva or any drug content within
the person's system. .
• Agency shall provide a copy of the court order or search warrant, where applicable, and
shall cooperate with Hospital to complete other forms or paperwork required pursuant to
Hospital policies and procedures.
Agency shall provide Hospital with identifying information including arresting Officer's
full name and badge number, the enforcement agency they represent, and any case number
for all individuals accompanied by an Agency Officer for suspect evidence or specimen
collection.
All alleged suspects brought to Hospital for evidence or specimen collection shall be
accompanied by an Agency Officer at all times while the alleged suspect is on Hospital
premises, except if suspect is undergoing medical care that precludes accompaniment (e.g.,
surgery).
Hospital shall have no obligation to physically restrain any person to provide Services. If
Agency determines that physical restraints are necessary and permitted pursuant to court
order or C.R.S. § 42-4-1301. 1, Agency and Agency Officers shall be solely responsible for
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such physical restraints. Hospital and Hospital staff shall make a good faith effort to assist
with specimen collection from a person who has been physically restrained by Agency or
Agency Officers, but are not required to assist with such collection if available staff are
unwilling and/or the collection cannot be completed safely.
Hospital shall make reasonable efforts to have available adequate staff (either on call or on
duty) to provide requested evidence or specimen collection, subject to Section 3.6 of this
Agreement. Whenever possible, Agency Officers will provide pre -transport notification to
Hospital of the need for services. If staff are unavailable, or available staff are unable to
complete the specimen collection, then Hospital will make reasonable efforts to identify
and request other staff members to complete the specimen collection.
Hospital shall collect and preserve specimens in a manner consistent with Colorado
Evidence Collection Protocols and in good faith collaboration with Agency Officers,
provided that doing so does not interfere with Hospital's provision of medical treatment.
Hospital shall send results of blood draws, testing, and evidence collection to Agency
according to Agency's instructions and consistent with Hospital's policies and procedures
pertaining to evidence collection and disclosures of protected health information to law
enforcement agencies.
Both parties shall remain in compliance with all local, state and federal laws, statutes or
regulations.
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ATTACMWNT B
Billing and Reimbursement
o Agency shall reimburse Hospital for all services rendered as outlined in this Attachment.
e Hospital shall invoice Agency for Services, itemizing specific charges and fees. Hospital may
bill the individual or the individual's insurance for any charges not paid for by Agency or
covered under this Agreement.
e Hospital will include identifying information on invoices submitted to Agency for payment.
* Agency shall reimburse Hospital per the following rates:
0