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C~TY OF SAN BERN~DINO - REQUEST FQR COUNCIL ACTION
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From:
Barbara Dillon, Personnel
Victor Lorch, Risk Management
Subject:
Resolution of the City of San
Bernardino authorizing the Selec-
tion of Addiction Medicine Con-
sultants to persorm random drug
testing
Dept:
Date:
December 1, 1994
Synopsis of Previous Council action:
None
.DI41~l . "'FFJ.Cf:.
DEe 9< l.1 17
~ecommended motion:
Adopt resolution
Signature
Barbara Dillon, Personnel
Victor Lorch. Risk Manaaement
Phonl:
x5161
x5308
;ont8ct pinon:
;upportlng data IU8chad:
Ward:
Amount: $12,000.00
SourcI: (ACCT. NO.) 678 - 4 5 2 - 54101
(ACCr. DESCRIPTION) Professional/Contractual
u.~ ~/~:i? -
Flnan~~~ /-.?/~~--
:UNDING REQUIREMENTS:
~uncll Notl.:
.0212
Agenda Item No,
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CITY OF SAN BERN~DlNO -
REQUEST F~ COUNCIL ACTION
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STAFF REPORT
Effective January 1, 1995, the City of San Bernardino, under the
united states Omnibus Transportation Employee Testing Act of 1991,
will be required to random test all employees holding a commercial
driver's license for drugs and alcohol. A Random Drug/Alcohol
policy was developed by a committee representing Personnel, civil
Service, Public Services, city Attorney's Office, Water Department,
and Risk Management. This policy is in the Meet and Confer process
with the affected Bargaining Units.
The policy will involve approximately 300 City employees from
Public Services, Parks and Recreation, Public Works, Facilities
Management, and Fire Department. A summary of the policy is as
follows:
* Any person having a Class A or Class B license is covered
under the Program. A commercial vehicle is classified as any
vehicle over 26,000 pounds, and requires the operator to have
a Class A or Class B license.
* The Program is to be implemented no later than January 1, 1995
for organizations with more than 50 commercial drivers.
Organizations with 49 commercial drivers or less must
implement the program by January 1, 1996.
* The Department of Transportation (DOT) regulation covers all
employers engaged in Intrastate transportation.
* Random drug testing will be done annually on 50% of all
commercial drivers. Random alcohol testing will be done on
25% of all commercial drivers annually.
* All supervisors will be required to be trained in the Policy.
Employees will also be trained.
* As part of the policy, employees shall have the services of an
EAP (Employee Assistance Program) available to them, along
with a listing of services available to them, should they test
positive for drugs/alcohol.
Risk Management has contacted four (4) firms and individuals,
specifying the procedures outlined by the Department of
Transportation and the needs of the City, for a mobile lab for
drug/alcohol testing. This was requested by PUblic Services to cut
down on the amount of time their drivers were away from the job
being tested. Only one firm was able to provide the services of a
mobile lab and meet all the DOT requirements for certified
personnel in drug/alcohol testing. Several firms were in the
process of being certified.
Exhibit "A" is a proposal from Addiction Medicine Consultants, Inc.
The cost of the Program is $32 per drug test, and $20 per breath
alcohol test. They will also train all Supervisors at a cost of
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$100 per class. The total cost of the program will not exceed
$12,000 annually.
Recommendations:
1. Authorize the selection of Addition Medicine Consultants for
conducting the random drug testing.
2. Adopt the attached resolution.
18 day of
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COUNCIL MEMBERS
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NEGRETE
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CURLIN
221 HERNANDEZ
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OBERHELMAN
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DEVLIN
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POPE-LUDLAM
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MILLER
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1 RESOLUTION NO.
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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
Agreement with Addiction Medicine consultants, a copy of which is
attached hereto, marked Exhibit "A" and incorporated herein by
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reference as fully as though set forth at length. I
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SECTION 2: The authorization to execute the above-mentioned I
agreement is rescinded if the parties to the aqreement fail to I
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execute it within sixty (60) days of ~he ~assage ~i ~h~sl
resolution.
I HEREBY CERTIFY that the foregoing resolution .Nas duly I
adopted by the Mayor and Common Counc~l ot ~he Ci ~y .:t San I
:neeting thereof, held en the
Bernardino at a
. :994, by the following vote. ~= wit:
AYES
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ABSENT
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH ADDICTION MEDICINE CONSULTANTS FOR RANDOM DRUG
3 TESTING.
Tom Minor, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN
City Attorney
By:
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EXHIBIT "A"
C 0
ADDICTION MEDICINE CONSULTANTS, INC.
PROPOSAL FOR D.O.T. DRUG AND ALCOHOL TESTING
November 8,1994
Addiction \I~dicin~ Consultants will provid~ a compl~te D.O.T. dmg and alcoltol testing
and compliance program for the Cit" of San Bemardino under the lollowing terms and
conditions:
l. .-\nnual Administration no charl:e
2. SmithKline collection facility, collection supplies. forms,
transportation. SA."IHSA testing, and medical review per test 32.00
3. Alcohol breath test per test S20.00
~. Blind specimen controls \" 0 chan~e
5. Random selection ~o chaf1~e
6. MIS Statistical reports :':0 chaf!~e
OLJ'.SS
7. Supervisor training (optional) per _S100.00
8. Substance abuse professional (optional) per session $50.00
.-\ddiction 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.
.-\.\IC can provide emergency after hours (6 P.\1. to 7 ...\..\1.) urine collection and alcohol
breath test tor post-accident and reasonable suspicion testing with our mobile testing
unit.
Addiction \Iedicine Consultants will provide a complete D.O.T. dmg and alcohol testing
program which will satisfy all D.O.T. compliance requirements tor the above stated
amounts.
If you have any questions please call me at (909) ~22-8138 or (909) 794-4235.
Sincereiy.
David Herold
Program Director
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rl G R E E MEN T
THIS AGREEMENT is made and entered into this
day of
1994, by and between Addiction Medicine
4 Consultants, Inc., a California corporation with its principal
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place of business located at 264 North Highland Avenue, BUilding!
#4A, Banning, California 92220 (and hereafter called 'AMC') , and
City of San Bernardino, a municipal corpora-eion, its principal
office located at 300 North 'D' stree-e, San Bernardino, California
92418 (and hereafter called the 'Client'), and defines the
services I
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that .~C will provide -eo the Clien-e.
I. PROGRAM TERM
The contrac-e agreemen-e
'Nill become I
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agreemen-e bYI
effective on the date of
the signing of the con-erac-e
an au-ehorized represen-ea-e~ve of AMC and ~~ll =ema~n effac~ =ar al
period of three years, ending on -ehe -ehir= ann~versary da-ea at ~~~Sl
con-erac~ agreemen-e. ~his con-erac-e agreemen-e ~s renewaDle cn a ene,
year basis follow~ng -ene in~-e~al three year can-erac-e agreemen-e ~er=1
with ~he paymen-e af ~ne annual c:ien-e enr=l:~en-e =ee.
~~. PROGRAM FORMATION
rldm~nis-eered p~C ?rogram serl~ces ~~cl~de:
Drug tes-e (Emit screen/GC/MS C=nfi==a-e~=n
SAMSHA cer-eified labora-eory
Training and educa-eional ma-eerials
Employee record adm~n~s-eration
Storage of pos~~ive spec~mens
Police des~gn
Transportation of specimen
MRO services
Test reporting
Blind sample compliance
Collection site selec~~on
Random selec~ion
Drug-free I.~. caras
=ha~n ot cus~ody ==r=s
ccrpora~e and ?eaeral repor~~~g
December 1, 1994
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Program cos~ per requ~s~~~on processed (DOT)
Program cost per requisition (Non DOT)
collection AMC/SBCL site
Annual management fee
Breath alcohol tes~ing
Urine alcohol testing
D/L isomer confirma~ion
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No cnarge'",
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$32.00*
$20.00*
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services are based upon curren~ marke~
in rates might occur with the agreemen~ orl
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Program costs shall no~ exceed $1,000.00 per mon~h/$12,000 perl
year, unless re-negotiated by both par~ies. I
III. PROGRAM IMPLEMENTATION - The Program objec~ive is 'Co
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provide consisten~, objective, fair and manageable procedures rorl
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* Rates for tes~ing
contracts; adjustments
both parties.
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drug screening and 'Ces~ing for
Clien~
compliance reauiremen~s I
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selec~ion. e~c.) . I
(reporting, record keeping,
random
Implemen~a~ion of ~~is con~rac~ agreemen'C ~il: proceed as follows:
A. ~:ien~ ~il: provide AMC wi~h a comple~e lis~ or company,
loca~~ons and employees a~ eacn of ~hese :oca~~onsl
requiring ur~ne spec~men collec-cion and ~as~~~g i~ ~~al
forrna~ =es~gna~ed by AMC.
3.
AMC :;11: =gccmmena Drug-Free Worxplace ~o~~=~ ==ncern~~~:
===pl.iance ~.;i t::. ::landa't.ed ?ecieral :-:=qulat:.:::ns
::::.g!
c:ient ~naer ~he ~e~s and c=ndi~~=ns ct ~~~s =on't.=ac~:
agreemen-c ::or =eview ;:y Clien't' s s'tatf and. ~'t-==r:i.eys.,
suojec~ ~= ac=sp't.ance. ana aacpt:.=n cy ~::.e C:~an~~ ~1C:
can also =ev~ew curren't. Client ;o~~=y ~na ~uggest:
changes.
c. AMC will conduc~ employee drug ~est~:lg Zinti est:ablish i
selec~ion
~o ':':lcl.:.:.:i.e
-:::::
?rotoccls
an'!
:ollow~nq
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':as't::.:::; ='5
:=C'~es-:'=(l
"::..~es
December :, 1994
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company:
D.
1. Reasonable suspicion
2 . Random
3. Post-accident
4. periodic
5. Return to duty
AMC will provide the Client with a list of approval
specimen collection centers for collection of biological
specimens. AMC will monitor collection center procedures
E.
and replace specimen collec~ion centers if deemed I
necessary by AMC. I
AMC will u~ilize labora~ories cer~ified by SAMSHA for ~he !
testing of biological specimens.
F.
AMC will provide review and repor~ing of ~as~ results
performed by au~horized Medical Review Officers (MROl
con~rac~ed or employed a~ AMC.
G.
AMC will ma~n~a~n Clien~ and employee recoras.
H.
AMC will provide Federal and corpora~e =apor~:':lg and
cer~ifica~ion (when required of Clien~.)
I.
Prior ~o implemen~a~ion of con~rac~. lIMC 'Nill prcv~de ~he I
:i~y wi~h evidence tha~ the MRO is DOT cer~:.=iad ~o ac~
in tha~ capac:.~y and prov~de a copy of ~edical ~icanse.
r.,. COORDINATION OF ACTIVITIES - _;''1C -..;ill ::=crci:1a~e -=::e
activities, described i:1 Paragraphs II and III, througn des~gna~ed
persons within the Clien~ organization. The Clien~ ~us~ ~ake i:1
writing ~o AMC, the des~ina~ion of these individuals. as well as
any changes in these named individuals.
INDEMNIFICATION
_~'1C ~s an ~naeDenaen~ :=n~=~=-===
v.
28 December 1, 1994
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providing the Client with the adm~nistration of mandated and non-
mandated drug intervention programs described herein, and a system
of services to support the reliability of such a program in legal
and administrative proceedings. AMC agrees to indemnify and hold I
harmless the Client from and against any and all claims, including I
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any and all damages, losses, expenses, attorneys' fees, costs and
liabilities arising out of AMC's submission of data or
analytical
result of I
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results which are false or incorrect, .....hether as a
willful, intentional or negligent act or omissions.
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 ~he enforcement of the
Client's policy or aC1:ions of 1:he Client's :::ersonnel.
AS an I
14 independent contractor, .;MC snall not ::e deemed 1:0 -=e engagea I
15 either directly or indirectly in the bus~ness of 1:he Client or I
16 deemed to be an agent of the Client. except in t~e extent ~ecessarYI
17 to comply w~th applicaDle W.S. Depart~ent of ~=ansportat~on Heal1:~i
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18 and Human Services regulations, or corporate contraC1: 1:ast~ng I
19 mandates.
20 ~he Client agrees 1:::l indemn~fy and ::old ha~less ':'11C. :"1::5 I
21 parents. subsidiar~es and affiliates f=o~ any c1ai~s ~nol~d~na anv:
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221 and all damages. :osses, expenses. at1:::lrneys' fees. ::OSts ana!
23 liabilities brought by third parties. of whatever nature.,
24 allegedly, arising out of or reSUlting f=om any willful act or any!
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negligent act of omission on the part of 1:he Client. i~:5 agents cr'
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employees. ,,;nether or ::01: 1:~e ;:ar1:,,! a01:::a1:.,. ==~~=.:.;::: ::::a ::.:.a.:.=:
December 1, 1994
agreement shall be
~~il the ot:her par::,,! a":
281 Decemoer 1, 1994
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VI. FORCE MAJEURE - AMC will not: be responsible or liable to
the Client for failure or delay in performance which results from
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or is due to, direct:ly or indirect:ly and in whole or part:, any
cause of circumst:ances beyond the reasonable cont:rol of AMC.
VII.
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AMC shall provide evidence of liability insurance in the I
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City shall also be named as an additional I
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APPLICABLE LAW - This cont:ract: ~,ill be const:rued underi
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amount of $1,000,000.
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insured under AMC.
VIII.
the laws of the Stat:e of California.
IX.
TERMINATION OF AGREEMENT - If ~he Client: ~erm~nat:es t:his I
agreement or is suspended. :ull responsibili,,:,,! :or ":~e~r cor;orat:e I
and federally mandated dut:ies w~ll ":ransier ":~ ":~e C:~ant: a": ":~e I
time ot =on~rac~ ~e~ina~~on ot suspens~cn. 3ucn =~~~=s ~~c~~~e.
among others:
(i) report:ing, (ii) records ::la~nt:enance. and '::: ~ I
ensuring confident:ially
and
securi~:"
-...
3.::' ~."
::=::=.:.=a.n~.:.~~
informat:ion.
AMC -..;il: ;:rov~de ~.he C':~=n't. -,.;~ "::: :;.:-;::- :"::=::==a~:.::::'
rela1:ed ":0 -=~is -=:.-ansfer :.n ":he :::Jr::a~ :.:: -.-ni.=::. _:":1C ::as -:::'e!
informat:ion st:orea.
!er:nina'Cion -.v-~l:' :-:::~
..--. .
-......--
-...-.......
-'-....--
.'-:'!C, .:as I
received payment: ~n :::.11 ::f all
.:Ju~s-:.anc:..::q ==l.:.:;:=.-=:.::::s ;:.'~'"
Client: up t:o date of term~nat:~on.
X. MODIFICATION - rhis agreement: ::lay =e
:::00:"='::"=0.
3.ny -=:.:::e
by the mutual written
consent: of oot:n ;:art:~es.
::-:ot::..=es.
demands and/or other communicat:ions affec":~::g ":~e =reV:LS:Lcn e: ":~~s
made in "'Nri~inq by
e;--~.,... -~,...-~~
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::nc. =e.:...:.:er:~ -==
2.3.st }:nc...,n ac.d=sss c: "':::2 ::a::---:..
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within five (5) business days of any verbal communication and/orl
modification that may arise.
Please sign and re~urn both copies of this contract agreement
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to indicate your accep~ance of the terms and conditions. One i
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executed original will be returned to you.
IN WITNESS WHEREOF, this contract agreement has been executed
by the parties effec~ive as of the date and year
first above
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written.
11 ATTEST:
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CITY OF SAN BERNARDINO
~unicipal Cor~ora~ion 0:
~he S~a~e cf Cali==r~~a
:OOM HIlIOR, :.1AYOR
151 Racnei ClarK, C~t7 C~arK
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::CNSL"I.:-ANT:
3y:
~ddic~~=n ~eQ~c~~e C~nsu~~~n~s:
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JAMES F. pENMAN
City Attorney
by:
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28 Oecemoe-., 1994
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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: December 19, 1-994
HE: Conflict on Item .. 23
December 19, 1994 Agenda
Because I received a substantial campaign contribution from
Nationwide Companies, there is an appearance of conflict on Item
#23 on today's agenda.
Therefore the City Attorney's office has conflicted off on
this item and the Mayor has directed the law office of Sabo and
Green to advise the Council on this matter.
Mr. Sabo has informed us that he will not charge a fee for
this service.
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PENMAN
7.