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Home My WebLink About4.j. Drug and Alcohol Testing Service Agreement � CTTY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: OCTOBER 17, 1995 AGENDA ITEM: DRUG& ALCOHOL TESTING SERVICE AGENDA SECTION: AGREEMENT PREPARED BY: SUSAN M. WALSH AGENDA��Lp A � � � ADMIIVISTRATIVE ASSISTANT C'�VI ATTACHMENTS: AGREEMENT APPROVED BY: Attached for city council review and approval is a contract between the city of Rosemount and Kerr Transportation Services who I have selected to do the administrative services for drug and alcohol testing. Effective January 1, 1996, the city of Rosemount will have to have a policy in place to test employees who drive motor vehicles of a gross weight of more that 26,000. Those employees will be the city public works employees who work in the maintenance department. Fire department employees are exempt from this federal mandate. A summary of the services Ken Transportation will provide are outlined on Schedule A of the agreement. Basically Kerr will randomly select employees names six times a year, notify me of whose name(s) from the city was drawn, accept the urine specimen, analyze the specimen, do recordkeeping to comply with federal regulations and answer any questions I may have once we get into the testing process. There is a one time fee of $189.00. The contract also sets out the price for collection and testing of alcohol and drugs. Funds have been budgeted for the drug and alcohol test. ' The city of Rosemount will be in a consortium program with approximately fifteen other cities who have decided to use Kerr Transportation. Before January l, 1996, the city council will be asked to adopt an alcohol and drug testing policy which I am cunently working on. City Attorney LeFevere has reviewed the agreement, and I have incorporated his recommended changes. RECOIVIlVIENDED ACTION: MOTION TO APPROVE TI� SERVICE5 AGREEMENT BETWEEN KERR TRANSPORTATION DBA METRO-TEST AND TI�CITY OF ROSEMOUNT AND TO AUTH4RIZE THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ACTION TAKEN: . SERVICE AGREEMENT AGREEMENT, dated this of , 1995, by and between Ken Transportation Services, Inc. dba METRO-TEST, a Minnesota Corpora.tion, 10545 110th Street North, Stillwater,Minnesota 55082, (herein "METRO-TEST"), and City of Rosemount whose address is 2875 145th Street West, Rosemount, Minnesota 55068, (herein the "City"). In consideration for the mutual promises and covenants contained herein the parties agree to the following provisions: 1. METRO-TEST RESPONSIBILITIES. METRO-TEST agrees to provide to the City the services, forms or materials more specifically set forth in the attached Schedule A which shall be made a part of this contra.ct. These services shall be limited to records administration,recordkeeping and generation of various notification , letters and invoices. Consulting services are not included in tius agreement and may be provided under a separate agreement if desired. 2. CITY RESPONSIBILITIES. City agrees to cooperate with METRO-TEST in the exchange of information necessary for the full compliance with the federal and state drug testing regulations. City agrees to pay METRO-TEST for its service within thirty days of receipt of METRO-TEST invoices. City agrees to pay a service chazge for unpaid balances equivalent to 1% a month and unpaid balance per calendar month. City agrees to pay METRO-TEST for services pursuant to the chazges set forth in the attached Schedule A. Prices will be subject to change upon 60 day prior written notice. If METRO-TEST is required to collect unpaid balances through initiation of a lawsuit, METRO-TEST shall have the right to collect reasonable attorney's fees. 3. WARRANTIES OF CITY. The City warrants to METRO-TEST that the person signing this agreement is the person duly authorized by the City Council of the City to enter into this agreement. City warrants that it will remain in full compliance with all applicable federal and state laws. City wanants to METRO-TEST that all information provided to METRO-TEST shall be complete and accurate and represents the most updated information available. 4. DEFAULT. If the City fails or refuses to perform under the provisions of this agreement, whether or not material,METRO-TEST, may terminate this agreement by providing ten day written notice. 5. TERM. Unless earlier terminated pursuant to the provisions of this agreement, this agreement shall be in full force for one year from the date shown first above. Any parly hereto may terminate this agreement, with or without cause, by providing to the other party not less than s'vcty day written notice. 6. NOTICE. Any notice given under this agreement shall be effective if sent by mail on the date of posting the same by United States mail, and if by personal delivery on the date of such delivery. Any and atl notices required under this contract shall be in writing and shall be delivered to the party entitled to receive the same by hand or by United States mail addressed to the addresses shown first above. 7. WAIVER/MODIFICATION. No officer, employee or agent of the parties has the power, right or authority to waive any of the conditions or change, vary or waive any of the provisions of this agreement, nor shail any custom with or without knowledge of such party have the effect of changing, modifying or waiving or foregoing any condition or provision to this agreement. The terms of this agreement shall bind the parties hereto and their heirs, representatives and assigns. This agreement shall noi be modified or assigned except in writing and endorsed by both parties or upon 60-day notice for price changes only. 8. ENTIRE AGREEMENT. This agreement expresses the entire agreement between the parties, there being no representations,warranties or other agreements, oral or written,not expressively set forth or provided for herein. ' � . 9. SEVERABILITY. It is agreed by the parties that if any part, term or provision of this agreement is held by the courts to be illegal or in conflict with any law or the state or federal government, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term or provision held to be invalid. 10. INDEMIVIFICATION. City agrees to indemnify and hold harmless METRO-TEST, its agents, customers and employees against except such claims arising out of METRO-TEST's sole negligence asserted against METRO-TEST hereta a. by any other party or entity, or b. by any agent or employee of the City c. nothing herein shall be deemed a waiver by the City of the limitations of liability set forth in Minnesota Statutes, Chapter 466; and the City's obligation to indemnify and hold harmless NIETRO- TEST, its agents, customers and employees is limited to the limitations on liability set forth in Minnesota Statues, Chapter 466, less any amounts which the Gity is obligated to pay as a result of the liability of the City, its agents, officers, or employees. 11. GOVERNING LAW NRISDICTION AND VENiTE. This agreement shall be deemed to be an agreement made under the laws of the state of Minnesota and any legal action arising out of this agreement shall be brought in Hennepin Counry, Minnesota. 12. LIMITATIONS ON ACTION. Legal actions relating to the perforuiance under this agreement may be brought no later than two years from the date the cause of actions accrues. 13. SURVIVAL OF TERMS. All provisions relating to warranties and indemnification contained in this agreement shall survive termination of this agreement for a period of six years after the date of termination. IN WITNESS WI�REOF, the parties have executed this Agreement by their duly authorized representatives the day and year first above written, in duplicate. Ken Transportation Services, Inc. City: CITY OF ROSEMOUNT dba METRO-TEST By: By: E. B. McMenomy, Mayar Print Name• Title: Susan M. Walsh, Giry Clerk METRO-TEST SCHEDULE A IN SERVICE PROVISIONS 1. Assistance in the development of written policy on drug/alcohol testing. 2. Assistance in the development of Cin�procedures for operation and administration of the drug/alcohol tesUng program. 3. Training programs"SAFETY IS Tf�PRIMARY ISSITE I-Reasonable Suspicion Drug Testing"and"SAFETY IS TI-IE PRIMARY ISSUE II-Reasonable Suspicion Alcohol Testing" to comply with supervisor training requirements. 4. Ongoing updates of changes in drug/alcohol testing regulaUons as they occur. COST�189.00 DRUG TESTING SERVICES 1. Specimen collection cost. � 2. Drug tests performed by a laboratory certified by the Substance Abuse and Mental Health Services Administration. 3. Medical re��ie�� officer for revie�r, interpretation of drug test results. 4. Blind samples submitted as required by the U S Department of Transportation. �. Copies of the test results for persons tested. 6. Full federal recordkeeping in format required by federal regulations. 'I 7. Forms and papenvork for each test 8. Collection containers and shipping materials. _ 9. O��ernight transportation of test specimens to the testinglaboratory. 10. Full recordkeeping in format accepted by the Federal High�va_y Administration. PRICE PER DRUG TEST �39.00 if SmithKline Beecham owned facility is used far specimen collection. PRICE PER DRUG TEST �58.Od if SmithKline Beecham owned facility is not used for specimen collection. PRICE PER ALCOHOL TEST: Cost plus�2.00,not to esceed$30.Q0. This schedule is made part of the Metro-Test agreement dated Kerr Transportation Seroices,Inc. City CITY OF ROSEMOLJNT B�' Bv