HomeMy WebLinkAbout1995-016
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RESOLUTION NO.
95-16
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH ADDICTION MEDICINE CONSULTANTS TO
PROVIDE RANDOM DRUG/ALCOHOL TESTING IN ACCORDANCE WITH DOT
(DEPARTMENT OF TRANSPORTATION) POLICY EFFECTIVE JANUARY 1, 1995.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1: The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City an
8 Agreement with Addiction Medicine consultants, a copy of which is
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10 reference as fully as though set forth at length.
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attached hereto, marked Exhibit
"A" and
incorporated herein by
SECTION 2:
The authorization to execute the above-mentioned
12 agreement is rescinded if the parties to the agreement fail to
13 execute it within sixty (60) days of the passage of this
14 resolution.
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28 Decel'lber 1, 1994 1
RESOLUTIOrJ:OF THE CITY OF SAN BERNARDINO AUTHORIZING -THE EXECUTIO,
OF AN AGREEMENT WITH ADDICTION MEDICINE .CONSULTANTS TO PROVIDE
RANDOM DRUG/ALCOHOL TESTING.
95-16
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a regular meeting thereof, held on the 9th
4 day of
1995
1~4, by the following vote, to wit:
January
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ABSTAIN
ABSENT
AYES
NAYS
COUNCIL MEMBERS
NEGRETE
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CURLIN
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hereby approved this
11 th day of
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The foregoing resolution is
January, 1995.
--j/c~/tIIL~'-
'l'om Minbr, Mayor
City of San Bernardino
21 Approved as to
form and legal content:
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23 JAMES F. PENMAN
City Attorney
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26 By/J/Jt/f~/~",;~
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28 December 1 , 1994
95-16
TuesJay. November 08.. 1994 05:06:40 ADDICTION MEDICINE CONSULTANTS
EXHIBIT "A"
Page 1 of 1
ADDICTION MEDICINE CONSULTANTS, INC.
PROPOSAL FOR D.O.T. DRUG AND ALCOHOL TESTING
November 8, 1994
Addiction Medicine Consultants will provide a complete D.O.T. drug and alcohol testing
and compliance program for the City of San Bernardino under the tollowing terms and
conditions:
1. Annual Administration no char~e
2. SmithKline collection facility, collection supplies, forms.
transportation, SAMHSA testing, and medical review per test 32.00
3. Alcohol breath test per test S20.00
4. Blind specimen controls :\0 charge
5. Random selection ~o charge
6. MIS Statistical reports ~o char!?e
CLl'.SS
7. Supervisor training (optional I per_SlOO.OO
8. Substance abuse professional (optional) per session $50.00
Addiction Medicine Consultants can provide mobile on-site collection and breath alcohol
testing. The cost tor the collection and testing with the mobile unit or at the tixed
collection site will be the same.
.~vIC can provide emergency atter hours (6 P.~l. to 7 . \.~l. J urine collection and akobol
breath test tor post-accident and reasonable suspicion testing \\'ith our mobile tesnng
unit.
Addiction ~Iedicine Consuitants will provide a complete D.O.T. drug and alcohol testing
program which will satist\- all D.O. T. compliance requirements tor the above stated
amounts.
If you have any questions please call me at (909) 422-8138 or! 9(9) 794-4235.
Sincereiy.
David Herold
Program Director
DHfm
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j.
,95-16
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A G R E E MEN T
THIS AGREEMENT is made and entered into this
7.::'h
day of
February
1994, by and between Addiction Medicine
4 Consultants, Inc., a California corporation with its principal
5 place of business located at 264 North Highland Avenue, Building
6 #4A, Banning, California 92220 (and hereafter called 'AMC'), and
7 city of San Bernardino, a municipal corporation, its principal
8 office located at 300 North 'D' Street, San Bernardino, California
9 92418 (and hereafter called the 'Client'), and defines the services
10 that AMC will provide to the Client.
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1.
PROGRAM TERM
The contract agreement will become
12 effective on the date of the signing of the contract agreement by
13 an authorized representative of AMC and will remain effect for a
14 period of three years, ending on the third anniversary date of this
15 contract agreement. This contract agreement is renewable on a one
16 year basis following the initial three year contract agreement term
17 with the payment of the annual Client enrollment fee.
This
18 agreement may be terminated at any time by either party upon thirty
19 (30) days' notice to the other.
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II. PROGRAM FORMATION
Administered AMC Program services include:
Drug test (Emit screen/GC/MS Confirmation
SAMSHA certified laboratory
Training and educational materials
Employee record administration
storage of positive specimens
policJ design
Transportation of specimen
MRO services
Test reporting
Blind sample compliance
Collection site selection
Random selection
December 1, 1994
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<7)
~Ldg rL~~ I.C. ~aLd~~'
Chain of custody forms
Corporate and Federal reporting
Program cost per requisition processed (ODT)
Program cost per requisition (Non DOT)
Collection AMCfSBCL site
Annual management fee
Breath alcohol testing
urine alcohol testing
DfL isomer confirmation
No charge*
*
$32.00*
$20.00*
*
.5'"5",CO' :ilL
* Rates for testing
contracts; adjustments
both parties.
services are based upon current market
in rates might occur with the agreement of
Program costs shall not exceed $1,000.00 per monthf$12,OOO per
year, unless re-negotiated by both parties.
III. PROGRAM IMPLEMENTATION - The Program objective is to
provide consistent, objective, fair and manageable procedures for
drug screening and testing for Client compliance requirements
selection,
keeping,
etc.) .
random
(reporting,
record
Implementation of this contract agreement will proceed as follows:
A.
Client will provide AMC with a complete list of
company locations and employees at each of these
locations requiring urine specimen collection and
testing in the format designated by AMC.
B.
AMC will recommend Drug-Free Workplace Policy
with
compliance
mandated
Federal
concerning
regulations to the Client under the terms and
conditions of this contract agreement for review by
subject
to
Client's
and
attorneys,
staff
acceptance, and adoption by the Client.
AMC can
also review current Client policy and suggest
changes.
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December 1, 1994
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D.
G.
H.
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C.
AMC will conduct employee drug testing and
establish selection protocols to include any or all
of the following types of testing as requested by
Client company:
1. Reasonable suspicion
2 . Random
3. Post-accident
4. Periodic
5. Return to duty
AMC will provide the Client with a list of approved
specimen collection centers for collection of
biological specimens. AMC will monitor collection
center procedures and replace specimen collection
centers if deemed necessary by AMC.
E.
AMC will utilize laboratories certified by SAMSHA
for the testing of biological specimens.
F.
AMC will provide review and reporting of test
results performed by authorized Medical Review
Officers (MRO) contracted or employed at AMC.
AMC will maintain Client and employee records.
AMC will provide Federal and corporate reporting
and certification (when required of Client.)
1.
Prior to implementation of contract, AMC will
provide the City with evidence that the MRO is DOT
certified to act in that capacity and provide a
copy of medical license.
AMC's performance of this agreement shall conform
to the city's Drug/Alcohol Testing Policy. All
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test results, data and other information collected
or generated in the course of this agreement shall
be the property of City and shall be kept
confidential to the maximum extent permitted by
laws.
IV. COORDINATION OF ACTIVITIES - AMC will coordinate the
activities, described in Paragraphs II and III, through designated
persons within the Client organization. The Client must make in
writing to AMC, the designation of these individuals, as well as
any changes in these named individuals.
V. INDEMNIFICATION - Addiction Medicine Consultants agree
and promise to indemnify, defend and hold harmless San Bernardino,
its officers, employees and agents, from and against all actions,
claims, demands, lawsuits, and liability for damages to persons or
property that may be asserted or claimed by any person, firm,
entity, corporation, political subdivision, or other organizations
arising out of or in connection with the provision of the services
by San Bernardino, operations or activities of San Bernardino, its
officers, employees or agents, but excluding such actions, claims,
demands, lawsuits and liability for damages to persons or property
arising from the sole negligence or willful misconduct of San
Bernardino, its officers, employees or agents.
AMC is an independent contractor providing the Client with the
administration of mandated drug intervention programs described
herein. AMC does not have any control of the enforcement of the
Client's policy or actions of the Client's personnel. As an
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independent contractor, AMC shall not be deemed to be engaged
either directly or indirectly in the business of the Client or
deemed to be an agent of the Client, except in the extent necessary
to comply with applicable u.s. Department of Transportation Health
and Human Services regulations, or corporate contract testing
mandates.
VI. FORCE MAJEURE - AMC will not be responsible or liable to
the Client for failure or delay in performance which results from
or is due to, directly or indirectly and in whole or part, any
cause of circumstances beyond the reasonable control of AMC.
VII. INSURANCE
A. with respect to performance of work under this
agreement, Addiction Medicine Consultants shall
maintain and shall require its subcontractors to
maintain insurance as described below:
1. Workers' Compensation insurance as required by
California law.
2. Commercial general liability insurance, or
equivalent form with a combined single limit
of not less than $1,000,000 per occurrence.
Such insurance shall (a) name City, its
appointed and elected officials, and its
employees as insureds; and (b) be primary with
respect to insurance or self-insurance
programs maintained by City and (c) contain
standard separation of insureds provisions.
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3. Business automobile liability insurance, or
equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence.
Such insurance shall include coverage for
owned, hired and non-owned automobiles.
B. Addiction Medicine consultants shall (a) furnish
properly executed certificates of insurance to city
prior to commencement of work under this agreement
which certificates shall clearly evidence all
coverages required above and provide that such
insurance shall not be materially changed,
terminated or allowed to expire except on 30 days'
prior written notice to City; and (b) maintain such
insurance from the time work first commences until
completion of the work under this agreement; and
(c) replace such certificates for policies expiring
prior to completion of work under this agreement.
VIII. APPLICABLE LAW - This contract will be construed under
the laws of the state of California.
IX. TERMINATION OF AGREEMENT - If the Client terminates this
agreement or if the contract is suspended for any reason, full
responsibility for their corporate and federally mandated duties
will transfer to the Client at the time of contract termination or
suspension. Such duties include, among others: (i) reporting,
(ii) records maintenance, and (iii) ensuring confidentially and
security of any confidential information. AMC will provide the
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Client with any information related to this transfer in the format
in which AMC has the information stored. Termination will not
occur until AMC has received payment in full of all outstanding
obligations by the Client up to date of termination.
X. MODIFICATION - This agreement may be modified at any time
by the mutual written consent of both parties. All notices,
demands and/or other communications affecting the provision of this
agreement shall be made in writing by either party and delivered to
the other party at last known address of the party entitled hereto,
within five (5) business days of any verbal communication and/or
modification that may arise.
Please sign and return both copies of this contract agreement
to indicate your acceptance of the terms and conditions. One
executed original will be returned to you.
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December 1, 1994
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95-16
1 IN WITNESS WHEREOF, this contract agreement has been executed
2 by the parties effective as of the date and year first above
3 written.
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5 ATTEST:
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CITY OF SAN BERNARDINO
Municipal Corporation of
the State of California
/-)/
J( . //~/'~
~ &/2 /' .!//f~1' "-
T MINO'R, MAYOR
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9 ~ Clark,
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~.Jc
city Clerk
CONSULTANT:
By: ~ci;dQ
Addiction Medicine onsultan~s
Approved as to form
and legal content:
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JAMES F. PENMAN
City Attorney
by:/J1ut~~
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December 1, 1994