HomeMy WebLinkAboutItem 4.16 DUI Blood DrawsCITY CLERK FILE 600-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 20, 2001
SUBJECT:
Proposed Contract with VBS Services for Blood Draws Required
After Driving Under the Influence of Alcohol/Drugs Arrests
Report Prepared by John Hardester, Police Services Lieutenant ~
ATTACHMENTS:
1. Resolution Accepting Proposed Contract with VBS Services
RECOMMENDATIONj
Adopt Resolution authorizing City Manager to sign a
contract for blood draws with VBS Services
FINANCIAL STATEMENT:
It is anticipated that this contract will save the City approximately
$14,000.00 in costs related to blood draws in the next fiscal year.
DESCRIPTION: Dublin Police Services has made consistently more drivingwhile:under the
influence of alcohol/drugs (DUI) arrests in each of the past three years. In addition, the number of
individuals arrested for DUI who opt for a blood test to determine their blood alcohol content, has
increased as well. Please refer to the following table in regard to DUI arrests and blood draws for
calendar years 1998, 1999, and 2000:
........ ! ......~ 9981. 999
tSi. i'
Arrests 145 154
Blood
I)raws ~ 26 26
200()
235
48
Currently, Dublin police officers who make a DUI arrest are required to admonish the individual arrested
of his or her obligation to submit to a chemical test to determine the alcohol content of his/her blood. In
the past, a person arrested had three choices of chemical tests: blood, breath or urine. However, in the
recent past, new law has eliminated the urine test as an option and an individual arrested for DUI must
choose between a blood or breath test. If the individual chooses a blood test, Dublin police officers
transport the individual to Valley Care Hospital in Pleasanton to have blood drawn. The cost for the
blood draw at Valley Care Hospital is approximately $420.00 per draw. As the City continues to grow,
the number of DUI arrests will increase and thus, the number of costly blood draws shall rise accordingly.
H/cc-forms/agdastmt.doc
COPIES TO:
ITEM NO.
VBS Services is a private company whose function is to provide medical legal evidence collection. Since
1995, VBS Services has performed such services with the Pleasanton and Livermore Police Departments,
in which they conduct blood draws for those two agencies, as opposed to the utilization of Valley Care
Hospital.
VBS Services completes blood draws by utilizing Registered Nurses or Licensed Vocational Nurses
certified to draw blood. Nurses are assigned to "on-call" status on a twenty-four hour basis, with each
nurse monitoring an assigned pager, which is called by Police Dispatch when an officer requests that they
do so. Upon receiving a page, the on-call nurse responds to the officer's location (usually the Santa Rita
Jail) within thirty minutes from receiving the page and takes the required two blood samples from the
arrested person. The blood samples are immediately submitted to the arresting officer, who labels them,
places them in a sealed envelope, and places them in a locked evidence box at the jail for subsequent
retrieval by the Institute of Forensic Science, who performs the analysis of the alcohol content.
VBS Services charges a $150.00 per month service fee, and $90.00 per blood draw. As previously stated,
at Valley Care, the cost of a blood draw is approximately $420.00. If VBS Services are utilized under the
conditions proposed in this contract, it is anticipated that the City will save about $14,000.00 in the next
fiscal year.
RECOMMENDATION: Staff recommends that the City Council adopt the Resolution authorizing
the City Manager to sign the contract with VBS Services.
RESOLUTION NO. - O1
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:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
K2/G/3 -20-01/reso -police-blood. doc (Item 4.16)
H: \CC-FORMS~FORM-reso. doc
1. CONTRACT IDENTIFICATION
SERVICE CONTRACT
BLOOD WITHDRAWAL SERVICE
,
Department: City of Dublin
Subject: Blood Withdrawal Services
PARTIES
City of Dublin, a municipal corporation (hereinafier 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.
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 hereinafter 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-
suitant 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 paxties 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 (30)
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:
Insurance Services Office Commercial General Liability coverage
(occurrence from CG 0001 ).
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 Califomia
and Employer's Liability Insurance.
D. Professional Liability and Malpractice Insurance appropriate to the Con-
sultant's profession.
Consultant shall maintain Minimum Limits of Insurance no less than:
General Liability: $1,000,000 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 designee, date
VBS Services
by 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 Califomia 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 drag 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.