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HomeMy WebLinkAboutReso 043-01 VBS BloodDrawsRESOLUTION NO. 43 - 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING CONTRACT WITH VBS SERVICES FOR BLOOD DRAWS WHEREAS, City of Dublin police officers have the responsibility for enforcing driving under the influence of alcohol (DUI) violations; and WHEREAS, individuals who are arrested for DUI are required by law to choose between a blood or breath test to determine the alcohol content of their blood; and WHEREAS, Dublin police officers must provide for blood draws by certified medical personnel to DUI arrested individuals who choose a blood test; and WHEREAS, VBS Services provides certified Registered and Licensed Vocational Nurses to perform the blood draws, within thirty minutes from being contacted, and at a reduced cost in comparison to what is currently paid by the City; and NOW THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to sign the contract (Exhibit A) with VBS Services to conduct blood draws for Police Services. PASSED, APPROVED AND ADOPTED this 20th day of March, 2001. AYES: Councilmembers Lockhart, McCormick, Oravetz, Zika and Mayor Houston NOES: None ABSENT: None ABSTAIN: None ATTEST: K2/G/3 -20-01/reso-police-blood. doc (Item 4.16) H: t C C-FORMSXFORM-r e so. do c 1. CONTRACT IDENTIFICATION , SERVICE CONTRACT BLOOD WITHDRAWAL SERVICE. , Dep.artment: City of Dublin Subject: Blood Withdrawal Services PARTIES City of Dublin, a mtmicipal corporation (hereinafter referred to as the "City"), 100 Civic Plaza, Dublin Ca. 94568 and VBS Services 849 East Stanley Boulevard, #245, Liveremote, Ca. 94550 (hereinafter referred to as the "Consultant"). PURPOSE Consultant will provide Blood Withdrawal Services for the City. A, Consultant is qualified to provide and experienced in providing blood withdrawal services and has offered it services for the purposes specified in this Agreement. B. In the judgment of the City, it is necessary and advisable to employ the services of Consultant for the purposes provided herein. TERM This contract shall become effective upon being signed by representatives of the City of Dublin and VBS Services. It may be terminated pursuant to the provisions of Section 11 provided herein. CONSULTANT'S SERVICES Consultant shall diligently perform the services and furnish the services and related materials as hereinafier set forth: A. Consultant shall perform all work described in Exhibit A, attached hereto and incorporated herein by this reference. B, Consultant shall meet with the technical staff of the City and other pertinent agencies, as necessary, to complete the scope of work outlined in Section 5.A above. STAFF The Project Manager for Consultant shall be Victoria B. Sheldon. Actual services shall be performed by Consultant's agents, employees, or independent contractors. REPORTING REQUIREMENTS All reports prepared for the City shall be adequate and sufficient to meet the purposes for which they are prepared. OWNERSHIP OF WORK All reports and all other documents completed or partially completed by Con- sultant in the performance of this Agreement shall become property of the City. 9. COMPENSATION 10. 11. A. Consultant nurse will respond and withdraw blood specimen for $90.00 per draw. B. Monthly service charge of $150.00 C. If a Consultant nurse is enroute and the call is canceled, there will be a minimum $90.00 charge. D. Court appearances will be charged at a rate of $45.00 an hour, with a two hour minimum. Invoices submitted to City for payment must contain a brief description of work performed, arrestee's name, police case number and City Contract number. F. Payments shall be made to Consultant within thirty (30) days. INDEPENDENT CONTRACTOR STATUS This contract is by and between two independent parties and is not intended to and shall not be construed to create the relationship between the parties of agent, servant employee, partnership, joint venture and association. Consultant and all persons working for or under the direction of the Consultant shall not be considered to be an employee of the City for any purpose. TERMINATION This contract may be terminated by the City or the Consultant by thirty (3 0) days written notice, or sooner, if mutually agreed upon. If the contract is so terminated, the Consultant shall be paid in full for all services rendered prior to the date of termination. 12. 13. 14. 15. COMPLIANCE WITH LAW Consultant shall be subject to and comply with all Federal, State and local laws and regulations applicable to its performance under this Agreement, including but not limited to licensing employment, and purchasing practices, and wages, hours and conditions employment, including nondiscrimination. INDEMNIFICATION Consultant shall indemnify and hold harmless the City, its officers, officials, em- ployees and agents from and against all claims, damages, losses, and expenses, including attorney fees, arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the con- tractor, subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City. ATTORNEY'S FEES The prevailing party in any action brought to enforce or construe the terms of this contract may recover from the other party its reasonable costs and attorney's fees expended in connection with such action. INSURANCE During the term of this contract the Consultant shall maintain in full force and effect insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of work to be performed by the Consultant his agents, representatives, or employees. Minimum Insurance Coverage shall be at least as broad as: A. Insurance Services Office Commercial General Liability coverage (occurrence from CG 0001). B, Insurance Services Office form CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Professional Liability and Malpractice Insurance appropriate to the Con- sultant'S profession. Consultant shall maintain Minimum Limits of Insurance no less than: A, General Liability: $1 sO00,O00 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other another form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract or the general aggregate limit should be twice the required occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. C. Employer's Liability: $1,000,000 per accident for bodily injury or disease. D. Professional Liability and Malpractice: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions will be submitted to and approved by the City of Dublin. After review, the City of Dublin may request Consultant to either: reduce or eliminate such deductibles or self-insured retentions as respects the City of Dublin, its officers, officials, employees and volunteers; or procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses. Verification of Coverage: Consultant shall furnish the City of Dublin proof of insurance coverage in effect during the term of this contract and individual certificates of insurance specifying the City of Dublin loss payee where appropriate. 16. SCOPE OF AGREEMENT This writing constitutes the entire agreement between the parties relation to blood withdrawal services and modification hereof shall not be effective unless and until such modification is evidenced be a written amendment signed by both parties to this agreement. 17. These signatures attest the parties agreement hereto: City of Dublin by ~/d4~ sd, d-Z/d,r'L designee, date EXHIBIT A PROGRAM GUIDELINES , 10. The Consultant shall provide, upon request of authorized peace officer, withdrawal of a blood sample from persons arrested for under investigation of California Penal Code, California Vehicle Code or California Health and Safety Code violations committed within his/her jurisdiction. Blood withdrawals by the. Consultant may be performed by a licensed physician, re- gistered nurse, licensed vocational nurse regulated pursuant to Sections 1242, 1242.5, or 1246 of the Business and Professional Code. The Consultant shall have at least one qualified person available at all times, by telephone or pager, who can respond within 30 minutes of a request by an officer. Each blood withdrawal by the Consultant must be conducted only in the presence of the requesting officer. The Consultant will use only the blood withdrawal kits for alcohol and drug testing or blood typing, whichever is appropriate. The Consultant shall complete all the documents contained in the blood withdrawal kit. The Consultant will provide testimony in court at the request of the prosecuting attorney, when necessary regarding the blood withdrawal procedures which were performed in the case. Monthly demands for payment will be accompanied by a description of the service performed that month including, date of service, name of subject, and agency case number. In those instances when it is not medically advisable to obtain a blood sample by venipuncture from the subject of the withdrawal, the Consultant will not be obligated to withdraw a blood sample. Consultant is only responsible for specimen collection. Custody of evidence will become the responsibility of the witnessing officer. Specimen collection will be carried out according to Alameda County established guidelines.