The URL can be used to link to this page

Home My WebLink AboutCC RES 95-048 RESOLUTION APPROVING PARTICIPATION IN A DRUG AND ALCOHOL TESTING PROGRAM AND AN INDEPENDENT TESTING LABORATORY Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 103379 Box: 26 Folder: RES 1995 Document: CC RES 95-048 RESOLUTION APPROVING PARTICIPATION IN A DRUG AND ALCOHOL TESTING PROGRAM AND AN INDEPENDENT TESTING LABORATORY I ` / • CITY OF ST. ANTHONY RESOLUTION 95-048 A RESOLUTION APPROVING PARTICIPATION IN A DRUG AND ALCOHOL TESTING PROGRAM AND AN INDEPENDENT TESTING LABORATORY WHEREAS, the City of St. Anthony has an interest in protecting the health and safety of its employees and the public; and WHEREAS, the City is committed to a drug and alcohol-free workplace as set forth in Minnesota Statutes, Chapter 181 and the Federal Drug-Free Workplace Act of 1988; and WHEREAS, the City will not tolerate drug and alcohol use, possession, manufacture, distribution, for sale or transfer of drugs, alcohol or drug paraphernalia while the employee is working or while the employee is on the City's premises or operating City vehicles, machinery or equipment, except pursuant to a valid medical prescription or when engaged in approved lawful activity; and • WHEREAS, the City is federally mandated to test for drug and alcohol use of all employees who are required to have a commercial driver's license for the performance of their position with the City with the exception of emergency services personnel. NOW, THEREFORE, BE IT RESOLVED that the City has agreed to participate in the Association of Minnesota Counties/Minnesota Counties Insurance Trust/Medtox Drug and Alcohol Testing Program with Medtox Laboratories as the independent testing laboratories, to meet its lawful obligation under the Federal Omnibus Transportation Employee Testing Act and the U.S Department of Transportation Regulations 49 C.F.R., Part 382. Adopted this 2� day of o+e rn j�e-r , 1995. Mayor ATTEST: ELyu cJ City Clerk • Reviewed for administration: City Man er • THE MINNESOTA COUNTIES INSURANCE TRUST DRUG AND ALCOHOL TESTING PROGRAM PARTICIPATION AGREEMENT THIS PARTICIPATION AGREEMENT provides for the delivery of drug and alcohol testing services by the Minnesota Counties Insurance Trust (MCIT) for the City of St. Anthony, " Member." 1. SERVICES TO BE PROVIDED MCIT agrees to provide services to the Member in accordance with the drug and alcohol testing service provider contract or successor contract, the current contract is attached • hereto and incorporated herein as Exhibit 1. MCIT is not obligated to provide such services should the drug and alcohol testing service provider contract be terminated or cancelled. 2. SERVICE FEES The Member will compensate MCIT in accordance with the fee schedule in ARTICLE IV of Exhibit 1. MCIT will submit invoices to the Member on a monthly basis for services performed under this Agreement. The Member will provide payment to MCIT within thirty (30) days following receipt of invoice. • • 3. TERMINATION This Agreement may be terminated by MCIT or the Member upon thirty (30) day Nvritten notice to the other party. The Member will pay for services provided up to the date of termination. 4. MCIT ASSOCIATE MEMBER The City of St. Anthony agrees to become an Associate Member of the Minnesota Counties Insurance Trust (MCIT) to be eligible to receive the services provided in this Agreement. The City of St. Anthony assumes no liabilities or obligations as an MCIT Associate Member except as set forth in this Agreement. The City of St. Anthony agrees to pay MCIT an annual administrative service fee of Two Hundred and Fifty Dollars ($250.00) • during the term of this Agreement. • • IN WITNESS WHEREOF, MCIT and the City of St. Anthony have caused this Agreement to be executed by the person authorized to act in their respective names on the date shown below: MINNESOTA COUNTIES INSURANCE TRUST -� fi;:� Date: 7— Director ' CITY OF ST. AN HONY / A0 Date: Attest: Ali& Date: q a6 X15 • • THE MINNESOTA COUNTIES INSURANCE TRUST DRUG AND ALCOHOL TESTING PROGRAM PARTICIPATION AGREEMENT THIS PARTICIPATION AGREEMENT provides for the delivery of drug and alcohol testing services by the Minnesota Counties Insurance Trust (MCIT) for the City of St. Anthony, " Member." 1. SERVICES TO BE PROVIDED MCIT agrees to provide services to the Member in accordance with the drug and alcohol testing service provider contract or successor contract, the current contract is attached hereto and incorporated herein as Exhibit 1. MCIT is not obligated to provide such services should the drug and alcohol testing service provider contract be terminated or cancelled. 2. SERVICE FEES The Member will compensate MCIT in accordance with the fee schedule in ARTICLE IV of Exhibit 1. MCIT will submit invoices to the Member on a monthly basis for services performed under this Agreement. The Member will provide payment to MCIT within thirty (30) days following receipt of invoice. 3. TERMINATION This Agreement may be terminated by MCIT or the Member upon thirty (30) day written notice to the other party. The Member will pay for services provided up to the date of termination. 4. MCIT ASSOCIATE MEMBER The City of St. Anthony agrees to become an Associate Member of the Minnesota Counties Insurance Trust (MCIT) to be eligible to receive the services provided in this Agreement. The City of St. Anthony assumes no liabilities or obligations as an MCIT Associate Member except as set forth in this Agreement. The City of St. Anthony agrees to pay MCIT an annual administrative service fee of Two Hundred and Fifty Dollars ($250.00) during the term of this Agreement. • IN WITNESS WHEREOF, MCIT and the City of St. Anthony have caused this Agreement to be executed by the person authorized to act in their respective names on the date shown below: MINNESOTA COUNTIES INSURANCE TRUST Date: Director CITY OF ST. HONY Date: 26 9 s Attest: Date: 9I �1 • Exhibit 1 • • • SERVICE AGREEMENT IMIS AGREEMENT, made and entered into this 27th day of December, 1994, between the Minnesota Countiea Inane Trust, hereinafter referred to as MCIT, and Medtox Inc., havinafter refaced to as Medtox. ARTICLE I PURPOSE 1 PURPOSE The Mi OMOTA COUNTIES INSURANCE TRUST(MCM is a joint powers organization created pursuant to Minnesota Statutes Section 471.59 and 471.981. MCIT provides a means for Msnnesota Counties and related entities to self insure workers'compensation, property and casualty and employee benefits through a pooling arrangement. MCIT also provides Its members with risk management services to help aswe compliance with state and federal rules and regulations.MCIT desires to secure the services of Medtox to assist its members and members of the Association of Mkmsota Counties(AMC)in complying with the federal rules for drug and alcohol testing. The • purpose of this Agreement is to set forth the duties and obligations of the parties. ARTICLE It•SERVICE CENTER AND PERSONNEL. Z SERVICE CENTZR AND PER 10PIM 11 SERVICE CENTER Msdtox&H ms3otain a pr3ooipal Service Cedes in the State of Minaeaota ts coy-'tau g the dWMq ofservioes pmvlded m>datbe terms ofthis Agreenae� 2 • 2.2 PERSONNEL Medtox agrees to assign competent personnel to perform those tasks necessary to provide the services specified in this Agreement. Medtox shall make certain that its staff possesses the necessary professional background, experience and on-going training to provide the services described in this Agreement. MCIT will be advised of the identity and qualifications of all professional personnel providing direct services to MCIT. ARTICLE M e SERVICES TO BE PROVIDED 3 SERVICES TO BE PROBED &I Collation Sita o Medtox shall establish collection siteddlnW throughout the state to collect urine specimens for drug tests. Medtox shad partnit members to make independent array with csi es as collection sites and avow such counties to purchase other services pursuant to this epvemeft 3.2 Supplier-Medtoz will provide Members with all supplies mounry ibr the conection ofurine apeclnw4 lwb tag but not limited to,qocimwbottles wills Insh c ioae,Loads, order Ew ms, dhain of eudody ftM and prepaid ova couder eL 3 3.3 Testing laboratory - Medtox shall conduct an actual analysis of the specimen • provided by the collection site/clinic, using an immunochemical method, to determine the presence or absence of the following drugs: 3.3.1 Marijuana 3.3.2 Cocaine 3.3.3 Amphetamines 3.3.4 Opiates 3.3.5 Phencyclidine (PCP). At the request of the Member,Medtox shalt screen for additional drugs. Medtox vial automadcdly confirm by Gas Chromatography/Mass Specftmetry(GCZMS) an presumptive poj&e results Brom screening of • the drugs named above. The level at which a positive result is confirmW shall be according to SAMOA standards for the respective drugs. Medtox will report esti test results to the designated Medical Wow Officer whhia seventy-two(72)hours of receipt of the urine specimen. All results wU be reported either negative or positive without mrma lcal values 3.4 Chair of Gbstody-Medtax shall maintain proper chars ofcuatody controls during all testing and/or handling of urine specimens and proper chain of custody dootmantatioa. Ukltmwill retain custody of soy wafsraaed poddve specimensi prc w chain ofeudody and seamd refHgecated edition as SAM SA one. • condition per rogulad 4 3.5 Medical Review Officer(MRO) - Medtox shall arrange for Medical Review Officers to independently review drug test results received from the testing laboratory and report results to the member. The MRO shall protect employees from false-positive results due to collection or chain-of-custody difficulties, technical inaccuracies, or drug interactions. The MRO should ensure that no legitimate medical use of drugs gets reported to the member as an unacceptable positive result. Before reporting a positive result to the member,the MRO shall Sive the individual an opportunity to discuss the test result. The Medical Review Officers shall be licensed physicians, uWcal Renriow Officer services sW include but not be limited to the following flsnctions: 3A1 Receive and review test results fkom the laboratory. • U2 Review certified copies of chain of watody forma 3.R3 Report eve rmult to deipded member personneL LU Interpret positive Mutts. 3AS Conduct coni deatial medical interviews with positive tented Wivi&W& 3A6 Consult with oogectioa site and laboratory perWM& 3A7 Request quughadve rw*4 ifneeded. US Order analysis of spfit speciaae16 if requested. U9 Ddendw Wbetbevpodd"testa aro tt a result 0fpresa3bed or Mick davp. 3A1A Report mantle of vozided pookin test to domed memb or punnuL 3A11 Stow all positive subs bf&V (5)yCAM 3AU Orderbltnd specimuo as needed. 5 3.5.13 Assist members with post-accident testing requirements. • The Medical Review Officer shall also assist members in conducting random, unannounced drug and alcohol tests. Unless changed by DOT, the total number of drug tests conducted each year must equal at least 50% of the safety-sensitive driver positions. Random alcohol testing must be done at a:nininnu n annual rate of 25% of the average number of safety- sensitive driver positions. These tests must be spread reasonably throughout the calendar YM. Manbers should be given the opportunity to conduct the random selection through participation in pools or consortia, in which the mzdw of drivers to be tested may be based on the total number of subject drivers covered by the pool. 3.6 Alcohol Testing-Medtox shall assist as in the development of procedures to comply with federal and/or state regulations ft alcohol tearing. Such assistance sW In*&but not be limited to: 3.6.1 Desipstion of tesdog/collection dtes. 3.6.2 Selection and pco u meat of BvtdentisalBrea&Testing Devices. if neceasatjl. 3.6.3 Selection of alternative alcohol testing=*d o& as allowed by Word or state regulalioa 3.6.4 a ofcaacti68ed Breath Alcohol TwMcdaos. &7 Rord Keeping sad Reports- Medi=dWl assist opmbers in davdo*g ad imintAft reoonds sad pr+eparlog reports ruphod by federal or stale regulations. • 6 • These records and reports shall include, but not be limited to: 3.7.1 Verified positive drug and alcohol tests. 3.7.2 Refusals to submit to tests. 3.7.3 Required calibration of Evidential Breath Testing Devices (EBTs). 3.7.4 Annual calendar year summary. 3.7.3 Records related to the collection process and required training. 3.7.6 Negative and cancelled drug and alcohol test results. 3.11 Periodic Statistieai Reporb -Upon the request of the member,Medtox will provide, on a monthly or quarterly basis as requested by the member, a statistical • report ofthe test results during the reporting period,to include the following: 3.L1 7be number of specimens tested during the reporting podod. &LI The number of specimeaa tested pock e. 3.5.3 A bm Wown of positive results, indicaft the drug ibr which poAivo results were obtained. 3-M A breakdown of results per test category;i.e.,pre4n9by=4 posto accident, random 3.9 Zxpert Witneu Tatimony- lbdtox will provide mpg g witness ifreqaetedby the men6w. MO n and bvdabS-Medtw shall provide educa don sad training to nwobws regarding their obllgatioaa<tmdw bderd and ado regulation. Medlac and MCIT 7 shall agree to the number and location of training, as well as the content of the • meetings. Meetings shall include both regional sessions and selected on-site member meetings. 3.11 Update of Rules and Regulation-Medtox shall inform and update members regarding any revisions to federal or state rules and regulations concerning drug and alcohol testing requirements. ARTICLE IV-COUMSATION 4 CONMWSATION Medtox shall be compensated in accordance wfth the fonowi rg the whad de: 4.1 laboratory Testtng Pon 4.1.1 Five Dtug DOT Panel- Iwkeve drugs: Arnp et, Cocalm Opldes,PCP. TSC(100 IWMI) 4.LZ DnW ofAbuse Screws(non-Mpro2M=) 4.1.2.1 Pave Dsug Panel- Inclusive drags:A=h t WwA Cocaines Opiates,PCP, THC (100 new) 4.1.2.2 "Drna Panel-=M Iaalu"drags to be detenmW. • 8 • 4.1.2.3 9-11 Drug Panel - jZk.00 Inclusive drugs to be determined. 4.2 Additional Service Fees 4.2.1 Specimen Collection -520.00 each 4.2.2 Location and Coordination of CoDection Facilities- ; o 4.2.3 Training and Continual Monitoring of CoUwdon Facilities- 4.%4 Split Specimen Collecdon Kits-No QKU. 4.2.5 Automadc Identification of 6-Monoacoty4raorp". Na chms 4-U Automatic Separation and IdendScWon of d&1 methamphetamine "7 Abft to Ideaft and Confirm UrbAidelC uteraW*&•� 4.2.8 Tedb& Cutoaw SaNice and I ulcaral Std AeaMle 24-Hotua a Day.7 Daya a Meek-Ha MIM • "9 Gutstomized Statsttcal Reports ONO 01MM 4MO Medical Ravkw Offiow BwdoM pee mea (fncludea rNW=Wecdon pr+ogram)- 4A11 Mq t Whae"Tony 9 Phone Discussions - No Cb&Eg�• • Subpoenaed testimony to support the integrity of results - No Ghs_*ae bCyond Sctual m=mel Expert testimony not directly related to the results in question - 1125 oer hour plus Igtial Menses 4.2.12 Fmployee Training-X2 ChM. 4.113 DOT mandated sups visor t &Wng involving two(2)hours an MUM=and alcohol abuse recognition-Nct_ahM for in to INOM $1 Q=dom Arldidonal sesdgM b ned at 11,000 In Unin • 4.3- Terms or Pay eat-Medtox da subasit Iwolces to MCIT oa a mond dy basis for secvlow perfbrmed uodar this Agreeosamt. ruvolces shall ftaaatiae fees by MCIT or AMC nc n*w. MCIT win provide payment v*Wn ft w ty.five(40 days ft) owb S receipt of IWOIca Payment by bM don aotwaive UCM right to ddwt to o mrm latae bund to be improper. 10 ARTICLE V - RECORDS AND FILES 5 RECORDS AND FILES 5.1 MCIT Access and Ownership At all tunes during the term of this Agreement and for a period of three (3)years following any termiaadon or expiration,MCIT,its attorneys and other representatives, as authorized by MCPT, shall have access to records and files maintained by Medtox for MCIT and each MCIT member or applicant during normal business hours. All records, books and files relating to the operations and business of MCIT are the property ofMCIT. As citodiaa of these dooments,Medtox shall comply with all applicable requhments of the&&nesota • Governmental Data Practices Including but not limited to the re r �, dreg gWrtned-5 of M.3. 13.61 or dmiiar state or federal laws. fi.2 Care of Data Modtax shag take d steps neoerasary to safeguard data, Mesa reposorodwhAtsudons fom IoaA destruction or eraame.Liability For cost or s pense ofrqplubV.or diougn rONAbs from the loss of such data mbar be borne by Medtox ualess at the do of look said data was in the exchsive custody ofM=. ej Gentle Medtox agrees that iatbrmadon related to drug and alcohol teoft aervim p vvided wader 11 0 c confidential and shall be used only in connection with the this Agreement shall be kept o de Y performance of duties for members. In case of a conflict between this paragraph and the Minnesota Data Practices Act or similar state of federal law, the Minnesota Data Practices Act or similar state or federal law shall govern 12 • ARTICLE VI- NON-COMPETITION AGREEMENT 6 AGREEMENT NOT TO COMPETE Medtox and its subsidiaries through their acknowledgment by signature agree during the term of this Agreement, unless waived by MCI'T, and for a period of four years after tamiaation of the Agreement,unless MCIT agrm in writing to a aborter period, not to compete in the State of Mnnesota with MCTT or AMC by markeft or offering 1.) any similar program of coverage or services provided by MCTT or 2.) the services provided within tWs agreement to MCTT or AMC members who are or were mambas of MCTT or • AMC at any d=during the term of this agreement. Medtox and its sobc®aira-tors agree not to use any records,files or data developed or mah t bW as a rw*of this apemat fbr say purpose other than to provide servicea listed in this Anea4. 13 ARTICLE VII - TERM AND TERMINATION • 7 TERM AND TERMIIdATION 7.1 Contract Term The term of this Agreement shall commence on October 1, 1994 and shall continue in Rill force and effect except as stated below until December 31, 1998. 7.2 Termination Hither party may terminate this agreement upon sixty(60)day written notice.MCTT may terminate this agreement immediately►upon a aujor breach in service or duty by Medtox. 7.3 Renewal Rata Medtox wM subanit any proposed cWV In rates in wrfhg to MCIT aWy(60)days prior to the date of teradnation. Rate charge beomw effctiv+e on the date that it is accepted invr t6 by MC1T;daring the interim%the old me is fie. 14 • ARTICLE VIII. INTERPRETATION OF AGREEMENT 8 INTERPRETATION OF AGREEMENT 8.1 POOL BOARD'S POLICY In the event of any disputes or questions as to exact nature or rodent of services to be provided under this Agreement,the parties hereto shall look to the record of the MCIT Board's policy decisions and other relevant facts aid dreunnstances as the Slue of refirence for guidance and clarification as to said dispute or questions. 15 ARTICLE IX. INSURANCF/INDETZTIFICATION • 9 INSURANCEIINDEMNIFICATION 9.1 Errors and Omissions -Medtox shall maintain errors and omissions liability insurance with limits of liability of at least$1,000,000. Medtox will continue to maintain such instuance with such limits during the term of this Agreement and will provide MCIT with certificates evidencing such coverage within thirty(30)days of the execution of this Agreement, Medtox shall not*MCIT within ten(10)days of any change or canceitation of errors and omission coverage. • 9.2 Othq I mmwee-At all tim during the term of this Agreenment, MWtox"maintak General Liability,Automobile Liability, Fidelity and,Worked Compensation. Certificates of insurance covmp shall be provided to MCIT upon request. 9.3 LndemniQcatloa-Medtox warrants that MedtWs drug and alcohol testi»g policies, procedures and practices do and will at an tinmes, 000mply with lavi4 rules and regulation. to c andderation oiMC1T a ft MWtw& drug and alcohol test3ag Meat= to d inti and program, agrees eibad, �►tad hoed MCIT 16 • AMC and their officers and employees harmless from all loss, cost and expense(including court costs and attorney's fees) resulting from claims arising from the failure of Medtox's drug and alcohol testing policies, procedures and practices to comply with any applicable governmental laws, rules and regulations, and from any act or failure to act in connection with Medtwes performance under this Agreement. MC1T agrees to indemnify►, defend and hold Medtox and its directors, officers, agents and employm harmless flnm any Ioss, cost and expense Cmcludiag court t costs and attorney's flies)to Medtox, arising out of or resulting ft+om MCTTs negilgem with • respect to the test results after they are reed by MCTT or AMC members$ons Medtox, 17 ARTICLE X. MISCELLA NEOUS 10 MISCELLANEOUS 10.1 Certification-Medtox represents and warrants that it is in compliance, and will continue to comply during the term of this Agreement with federal and state laws, rules and regulations applicable to the licensure and operation of drug testing services. Upon request of MCTr,Medtox agrees to provide MCIT n regarding&xn=W&ccr%U atioa. 10.2 Subcontractors-Medtax shall not subcontract any of the services which it is to provide wW ant the express written approval of MCIT. Contractor-Medtox 3s fbrbldden to act hr MCIT 10.3 Independent C up�y in ani►other cVui% or to represent h Win any aaaaner as an agent of MCIT,e=pt uWar the terms bawl Dx%S the tans of tWs Areecoat Medtaor,and Medtaes eaoQplayee(s),shah be ooaneideaned and act u an In deet contra to and shall not be omWdwW as esnployee(s)of MCIT or AMC. Medtaoc AW fumilh an labor required to pacfbrm tie services and will hm M caott+ol and direWoaa over the method od manner of pelfbambstboso mvbm �a 10.4 Authority and Freedom from Conflict - Medtox represents and warrants to MOT that: 10.4.1 Medtox has the lawful authority to enter into this Agreement and is free of any obligation or restriction that would prevent it from entering into this Agreement, create any conflict of interest or impede its performance hereunder. 10.4.2 Medtox will not enter into any other agreement, undertake any obligation or commit any act which would prevent its per&rmaace or limit the rights of MCIT,AMC or their members hereunder, 10.5 Ikon-Waiver and Cumulation of Remedies -The Mare by either party at any time to enfbrce any of the provisions of this Agent or any rIgM or remedy available hereunder or at law or in equity,or to awrdw any opdon herain provided, shall ad oonsdtute a waiver of web provision, right, remedy or option or in any way a&d the validity of this A,gmemeaL The vMver of my dedlailt by author party sUll M be deed a mftlog waiver, bat shall apply solely to the inetaace to which suss waiver is directed. The remedies provided under this Agranwid shall be c=ladve sad not alternatives, and the election ofaq one rwaedy fbr breach shall not MAWS the p awk of0dw remedies. 19 10.6 Entire Agreement - This Agreement embraces the entire Agreement between the parties. No oral agreement or representation concerning this Agreement shaU be binding. 10.7 Choice of Law and Venue -This Agreement shall be governed by and interpreted,construed, and enforced in accordance with the laws of the State of Minnesota. Any action arising out of or rededng to the Agreement, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota,and Medtoz and its mnvdes and guarantors hereby irrevocably consent and rubmit themselves to the personal Jurisdiction of said court for such purposes. 10.s SaverabMq-Every provision ofthis Agreement shall be conatcued, to the aoabeat possNG, so as to be vaiid and emfbroeabia If any provision of this agremneA so construed is held by a comm of competent jurisdiction to be fnvalid,ilb�al,or othe�ise woer�rcabley such provision siaaatl be demised severed from this Agreaneov and al other pcnvW=shag remain in Rill fbrce and effact. IU Aadommst-Nehhec Medtooc na MCi I nW assign,duets cc otherwise h Buhl tMs AgreenxW or my ofksd*h or obi heaunder without • the prior written consent of the other, lvhkh000sant sba wt be 20 unreasonably withheld, except that claims for money due or to become due to Medtox under this Agreement may without such consent be assigned to a bank,trust company or other financial institution. 10.10 Amendments- This Agreemeat may be altered, extended, ganged or amended is writing by mutual agreement of the patties hetero when dated and attached hereto without altering the other tams of this 10.11 Notice-Notice to be given hereunder by either party to the other shall be in writing and may be efb;Wated by delivery of U.9. CecdW Mail Returns ReceiptR,equasW- -. Notice hereunder shall be PA&I nt if ptopedy . addressed and wade to: BTOX LARORATORM IOTA COQMRSUIMCSTRUST 402 West CountyRoad D 125 Chaaies Avenue St. Paul,M nota 3t.Paul,Miffiesota 55103 • 21 IN WITNESS WHEREOF, MCIT, Medtox have caused this Agreement to be executed by the person authorized to act in their respective names on the date shown below: Minnesota Counties Insurance Trust By: -.e- - ?�-..0�E 'e� T"�tle: Dated: Maltos Laboratorles Inc* Tide. ` y • 22