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HomeMy WebLinkAboutChing, Roy - 1983-10-102000 MAIN STREET OFFICE OF THE CITY CLERK October 31, 1983 Roy 0. S. Ching 3191 Remora Drive Huntington Beach, CA. CAUFORNIA 92648 The City Council of the City of Huntington Beach at its adjourned regular meeting held October 10, 1983, approved an agreement with ycu for on -call clinical laboratory services. Enclosed is a duly executed copy of said agreement for your records. Alicia M. Wentworth City Clerk AMW:CB:bt CC: Judy John, Finance Police Chief Earle Robitaille rQa (Telephone: 714-533-5227 ) £ :� O! �d A ACTION Date September 21, 1953 y-- Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, Cit;r Administra `ly, COS Prepared by: Earle VI. Robitaille, Chief of Police Subject: EMPLOYMT OF ON -CALL JAIL TECHNOLOGIST Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: ° u Statement of Issue: The Police Department needs the services of an on -call clinical laboratory technologist to withdraw blood samples from "driving under the influence" arrestees. Recommendation: Approve part-time employment contract. Analysis: Although RN's are on the jail staff, there are significant periods of time when no registered nurse is on duty. Where this occurs, on -call overtime payment must be paid to stand-by RN employees. This contract will eliminate the need for overtime payments and, instead, merely provides for a flat fee of $15 for each blood withdrawal. The contract requires that the technologist be insured, hold the City harmless and defend and is subje,;t to termination upon ten (10) days' notice. Funding Source: : Police Operating Account (account already in existence). Alternative Actions: (1) Continue with present on -call, overtime payment method; (2) Consider hiring of additional full-time RN's or clinical technologists. Attachment: Contract, current technologist license. BVR/WS/cal EMPLOYMENT CONTRACT - PROFESSIONAL SERVICES THIS CONTRACT for professional services made by and between the CITY OF IRMINGTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and ROY 0. S. CHING of 3191 Remora Drive, Huntington Beach, California., hereinafter referred to as "TECHNOLOGIST", this oc4 tier day ofr, 1983, at Huntington Beach, California. For and bi consideration of the mutual promises herein contained, IT IS HEREBY AGREED by and between the parties hereto as follows: 1. TECHNOLOGIST represents to CITY that he is currently licensed as a Clinical. Laboratory Technologist in the State of California and that he is in good standing with the State of California Department of Health Services., 2. TECHNOLOGIST agrees ':o furnish professional services, on an on - call basis, to the Huntington Beach Police Department, by withdrawing blood, in a medically approved manner, from persons held in custody when directed to do so by a peace officer of the CITY. 3. TECHNOLOGIST is exempt from the classified service and personnel syst-n of CITY under Section 2.76.010 (c), Huntington Beach Municipal Code. 4. The term of this agreement shall commence when signed by the parties and continue until terminated by either party upon ten (10) days written notice to the other party. 5. The contract rate of compensation to be pL TECHNOLOGIST by CITY shall be Fifteen Dollars ($15.00) for each blood withdrawal upon presentation of proper invoice to the Huntington Beach Police Department. 6. TECHNOLOGIST hereby agrees to defend, indemnify and hold harmless CITY, its officers, agents and �,mployees, from and against any and all liability, damages, costs, losses, claims and expenses, however caused, resulting directly or indirectly from or connected with TECf-NOLOGIST'S performance of this agreement (including, but not limited to such liability, cost, damage, Loss, claim, or expense arising from the death or injury to an agent or employee of TECHNOLOGIST, subcontractor, or of CITY or damage to the property of TECHNOLOGIST, subcontractor, or of CITY or of any agent or employee of TECHNOLOGIST, subcontractor, or of CITY), except where such liability, damages, costs, losses, claims or expenses are caused solely by the negligent or wrongful acts of CITY or any of its agents or employees including negligent omissions or commissions of CITY, its agents or employees, in connection with the general supervision or direction of the work to be performer] hereunder. 7. In addition to the TECHTiNOLOSIST'S agreement to indemnify CITY, TECHNOLOGIST shall furnish to CITY and maintain in force a policy of general liability insurance in which CITY is named as an additional insured. The policy shall indemnify CITY, its officers and employees, while acting within the scope of their duties, against any and all claims arising out of the performance of this agreement. The policy shall provide coverage in not less than the following amounts: Combined single limit bodily injury and/or property damage of $3G0,000 per occurrence. Such policy insurance shall specifically provide that any other insurance coverage which may be applicable to the loss shall be deemed excess coverage ana TECHNOLOGIST'S -2- iji surance shall be primary. A certificate of all such insurance policies required by this agreement shall be delivered to the City Attorney prior to the commencement of any work and shall be approved by her in writing. No such insurance shall be cancelled or modified without thirty (30) days' prior written notice to CITY. 8. TECHNOLOGIST is, and shall be, acting at all times in the performance of this agreement as an independent contractor. TECHNOLOGIST shall secure at its expense, and be responsible for any and all payments o7 all taxes, social security, state disability .uisurance compensation, unemployment compensation and other payroll deductions for TECHNOLOGIST and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. IN WITNESS FMREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers the day, month and year first above written. TECHNOLOGIST By 4'9.!�4'c _ Roy S. Chg ATTEST: 9 City Clerk itt REVIEWED AND APPROVED: City Admijiistrato6r CITY OF HUNTINGTON BEACH a municipal corporation Mayor APPRMT-D AS i 0 FORM: it tiney' � I V3 INITIATED AND APPROVED: Chief. of Policb -3-