HomeMy WebLinkAbout20041000 RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR BLOOD DRAWING
SERVICES AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY POLICE
DEPARTMENT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Purchase of Services Agreement for
Blood Drawing Services between the County of Weld,State of Colorado,by and through the Board
of County Commissioners of Weld County,on behalf of the Weld County Paramedic Service,and
the City of Greeley Police Department, commencing upon full execution of said agreement, and
ending one year from the effective date, with further terms and conditions being as stated in said
agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy
of which is attached hereto and incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the Purchase of Services Agreement for Blood Drawing Services between
the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld
County, on behalf of the Weld County Paramedic Service, and the City of Greeley Police
Department be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 31st day of March, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,
ATTEST: (// / !/
"Pf EL % 1\4,COLORADO`—
/�►�u/ • Robert D. Masden, Chair
Weld County Clerk totris• •lcO', _,
Sr. Pig,' 1 William H. erke, Pro-Tem
BY: Cau �o L7 • ti
Deputy Clerk to the Bo-e,�
M. . ile
A OV AS TO .
David . Long
ounty Attorne
Glenn Vaad
Date of signature: AIL'
2004-1000
AM0018
PURCHASE OF SERVICES AGREEMENT
Between the Weld County Paramedic Service
And the City of Greeley Police Department
THIS AGREEMENT made and entered into by and between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County on behalf of
the Weld County Paramedic Service (hereinafter referred to as "WCPS"), and the City of
Greeley Police Department (hereinafter referred to as "GPD").
BACKGROUND INFORMATION
A. The WCPS has the ability to provide experienced Emergency Medical
Technicians (hereinafter referred to as "EMTs") to draw blood from persons in
custody brought to the Weld County Jail by officers of GPD.
B. GPD wishes to purchase such services from WCPS.
C. The parties wish to set forth their agreement in writing.
NOW THEREFORE, in consideration of the premises and mutual covenants contained
herein, the parties hereto covenant and agree as follows:
1. Recitals The above set forth recitals are hereby incorporated into this Agreement as if
restated herein.
2. Term This Agreement shall become effective upon signing by both parties, and shall
remain in effect for one year. This Agreement may automatically renew from year to
year, unless sooner terminated pursuant to the provisions set forth in this Agreement.
3. Responsibilities of Weld County Paramedic Services Weld County Paramedic Service
agrees to be responsible for the following:
a. Upon request by GPD, Weld County will make available within a reasonable
time, usually within an hour of request, an EMT to draw blood for GPD evidence
purposes from a person designated by GPD who is either in GPD custody, or in
the custody of the Weld County Jail (hereinafter referred to as the "person in
custody").
b. GPD will ensure, and the EMT will verify, that all appropriate consents or other
paperwork has been obtained from the person in custody prior to any blood draw.
If there is any situation where restraint of the person in custody is required, GPD
will provide any restraint or other physical support necessary, in order to
accomplish the blood draw of the person in custody.
c. After the blood draw is completed, the necessary paperwork concerning the blood
draw will be completed by the EMT who performed the blood draw, for WCPS
and for GPD's use.
2004-1000
d. The EMT presenting to draw blood will be adequately trained in the correct
method to draw blood. The EMT will follow the Standard Operating Procedures
for blood draw prep as outlined in the "Evidence Blood Draw" kit provided by
GPD. Additionally, the EMT from WCPS will follow all protocols of the WCPS
in the blood draw.
4. Responsibilities of City of Greeley Police Department The City of Greeley Police
Department agrees to be responsible for the following:
a. GPD will make a request for a blood draw from a person in custody, by
contacting the designated person at the Weld County Paramedic Service,
providing as much notice as possible, preferably a minimum of one hour.
b. GPD will obtain any consents or other authorization or paperwork to authorize the
blood draw from the person in custody prior to requesting an EMT from WCPS
for the blood draw.
c. GPD will provide the collection tubes for the blood that is drawn from the person
in custody, and will take possession or custody of the tubes immediately after the
blood is placed in the tubes.
5. Compensation for Services GPD agrees to pay to WCPS $75.00 for each blood draw
performed by WCPS on a person in custody. This agreed upon price is for blood draws
only, and does not include any other or additional medical assessment, treatment, or
procedure. Any other or additional medical assessment or procedure will be billed at the
standard WCPS charges to the person receiving the assessment or procedure and not to
the City of Greeley Police Department.
6. Time Period for Services GPD agrees to use its best efforts to schedule blood draws on
persons in custody during the hours of 0700 and 1900 hours each day. Although both
parties acknowledge that it may not always be possible to schedule within that time
period, GPD and WCPS acknowledge that WCPS has a larger staff available during those
stated hours, thus enabling WCPS to respond more efficiently.
7. Handling of Blood Neither WCPS, its employees or agents, shall be responsible or
liable for loss or damage to the blood, or for the quality or condition of the blood, from
any particular blood draw. The EMT from the WCPS will draw the blood into tubes
provided by GPD, and immediately deliver such tubes to the GPD officer who is
maintaining custody of the person in custody. All blood draws will be done in such a
manner as to comply with generally accepted blood draw procedures.
8. Parties' Relationship The parties to this Agreement intend that the relationship between
them contemplated by this Agreement is that of independent entities working in mutual
cooperation. No employee, agent, or servant of one party shall be or shall be deemed to
be an employee, agent, or servant of the other party to this Agreement.
. e
9. Parties' Reliance When WCPS receives a request from GPD for a blood draw, WCPS is
entitled to rely upon GPD's request as a representation that GPD has taken whatever
steps are necessary to obtain legal authority for the blood draw. GPS is entitled to rely
upon the EMT from WCPS as having the knowledge and skill required to effect a blood
draw upon the person in custody.
10. Immunities No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor shall any portion
of this Agreement be deemed to have created a duty of care with respect to any persons
not a party to this Agreement.
11. No Discrimination No party shall, on the grounds of race, color, sex, religion, age,
national origin, or individual handicap, be excluded from or denied services, or be subject
to discrimination under any provision of this Agreement.
12. Budget Restraints No portion of this Agreement shall be deemed to create an obligation
on the part of the County of Weld, State of Colorado, or upon the Weld County
Paramedic Service to expend funds not otherwise appropriated in any relevant year.
13. Applicable Law This Agreement is expressly made subject to all laws and regulations of
the United States and the State of Colorado.
14. Modifications This Agreement constitutes the entire understanding between the parties
with respect to the subject matter hereof. All modifications to this Agreement shall be in
writing and signed by both parties.
15. Binding Agreement This Agreement shall be binding upon the parties hereto, their
successors, legal representatives and assigns. Neither party may assign any of their rights
or obligations hereunder without the prior written consent of the other party.
16. Termination This Agreement may be terminated by either party upon thirty (30) days
written notice to the other party. Upon termination, GPD will pay to WCPS within thirty
(30) days, any amounts that have been incurred for blood draws which have not
previously been paid.
17. Notices Any notice provided for in this Agreement shall be in writing and shall be
served by personal delivery or by certified mail, return receipt requested, or by confirmed
facsimile, at the addresses or facsimile number set forth in this Agreement, until such
time as written notice of a change in address or facsimile number is received from the
party wishing to make a change of address. Any notice so mailed or faxed, and any
notice served by personal delivery shall be deemed delivered and effective upon receipt
or upon attempted delivery. This method of notification will be used in all instances,
except for emergency situations when immediate notification to the parties is required.
GPD: City of Greeley Police Department
ATTN:
Greeley, Colorado 80631
FAX:
WCPS: Weld County Paramedic Service
ATTN: Dave Bressler, Director
Greeley, Colorado 80631
FAX:
18. No Third Party Enforcement It is expressly understood and agreed that enforcement of
the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties, and nothing contained
in this Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity, other than the undersigned parties, receiving services
or benefits under this Agreement, shall be deemed an incidental beneficiary only.
19. Exclusive Provider This contract in no way binds the City of Greeley Police
Department to use WCPS as its sole provider for blood draws.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this 3/sr
day of -127,2,2ile, , Wolf
BOARD OF COUNTY COMMISSIONERS CITY OF GREELEY
FOR THE COUNTY OF WELD,
STATE OF COLORADO
r
wr,h Paul H. Branham, Chief ofPololiice
By:Robert D. Mas chair 03/31/2004
f n
Rick Brady, City Attorney
WELD COUNTY PARAMEDIC SERVICE(.\
Leonard Wiest, City Manager
a ressler, Director
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, IL
ATTEST: ,,, {S'!, ♦ 9& Thomas E. Selders,Mayor
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Deputy, Clerk to the B k '' °'���` � Of j * SE ICL�
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THE CITY OF GREELEY, COLORADO
RESOLUTION 3 , 2004
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT
BETWEEN THE CITY OF GREELEY POLICE DEPARTMENT AND WELD COUNTY
PARAMEDIC SERVICE FOR BLOOD DRAWING SERVICES.
WHEREAS,the City of Greeley("City")and Weld County Paramedic Services("WCPS")
desire the maximize the use of services contained within the agreement for the benefit of the
community at large,and utilize the services for WCPS to provide the service of drawing blood from
person in police custody for the purpose of collecting evidence; and
WHEREAS,the City and WCPS are each willing to cooperate in this matter under the terms
and conditions contained in Exhibit"A"; and
WHEREAS, it is in the best interest of the citizens of the City of Greeley to enter into this
agreement with WCPS;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GREELEY, COLORADO:
1. The City Council hereby authorizes the Mayor to enter into the agreement attached hereto
and incorporated herein as Exhibit "A".
2. This Resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED, SIGNED AND APPROVED THIS 2nd day of
March , 2004.
ATTEST:
THE CITY OF GREELEY, COLORADO
City Cle Thomas E. Selders, Mayor
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