HomeMy WebLinkAbout1999-207 CCRits adoption: Member Debra. Hilstrom introduced the following resolution and moved
RESOLUTION NO. 99-207
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
ASSOCIATE MEMBER PARTICIPATION AGREEMENT WITH THE
MINNESOTA COUNTIES INSURANCE TRUST TO PARTICIPATE IN THE
DRUG AND ALCOHOL TESTING PROGRAM
WHEREAS, the Minnesota Counties Insurance Trust has provided drug and alcohol
testing services to the City of Brooklyn Center; and
WHEREAS, the Minnesota Counties Insurance Trust is requiring that all cities re-
enroll in the drug and alcohol testing program; and
WHEREAS, the City wishes to continue to be an Associate Member of the
Minnesota Counties Insurance Trust to be eligible to receive these services; and
WHEREAS, the terms and conditions set forth in the Associate Member
Participation Agreement attached hereto and incorporated herein by reference as EXHIBIT A are
reasonable and proper.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the City Manager be authorized to enter into an Associate Member
Participation Agreement with the Minnesota Counties Insurance Trust to participate in the Drug
and Alcohol Testing Program.
December 13, 1999
Date
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ATTEST: I&
City Clerk
Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member
Fd Nelson
and upon vote being taken thereon, the following voted in favor thereof:
Myrna Kragness, Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
EXH] BIT A
THE MINNESOTA COUNTIES INSURANCE TRUST
DRUG AND ALCOHOL TESTING PROGRAM
ASSOCIATE MEMBER PARTICIPATION AGREEMENT
THIS AGREEMENT, made and entered into this 1 st day of January, 2000, between the
Minnesota Counties Insurance Trust, hereinafter referred to as MCIT,
and City of Brooklyn Cepinafter referred to as "the Member."
ARTICLE I-MEMBERSHIP
1. MCIT ASSOCIATE MEMBER
City of Brooklyn Centeagrees to become an Associate Member of the Minnesota Counties
Insurance Trust (MCTT) to be eligible to receive the services provided in this Agreement.
City of Brooklyn Center assumes no liabilities or obligations as an MCIT Associate Member
except asset forth in this Agreement.- City of Brooklyn Centagrees to pay MCI T an annual
administrative service fee based on the number of employees enrolled in the program during the
term of this Agreement.
ARTICLE II PURPOSE
2. PURPOSE
The MINNESOTA COUNTIES INSURANCE TRUST (MCI T) is a joint powers organization
created pursuant to Minnesota Statutes Section 471.59 and 471.981. MCTT provides a means for.
Minnesota Counties and related entities to self insure workers compensation, property /casualty
and employee benefits through a pooling arrangement. MCI T provides its members with risk
management services to assure compliance with state and federal rules and regulations. The
Member desires to participate in the Drug and Alcohol Testing Program sponsored by MCTT,
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EXHIBIT A
herein after referred to as "the Program." The purpose of this Agreement is to set forth the duties
and obligations of the parties.
ARTICLE III-SERVICES TO BE PROVIDED
3. SERVICES TO BE PROVIDED
3.1 Collection Sites - The Program shall establish collection sites/clinics throughout
the state to collect urine specimens for drug tests. The Program shall permit
members to make independent arrangements with clinics as collection sites and
allow such counties to purchase other services pursuant to this agreement.
3.2 Supplies - The Program will provide Members with all supplies necessary for the
collection of urine specimens, including but not limited to, specimen bottles with
instructions, labels, order forms, chain of custody forms and prepaid overnight
courier supplies.
3.3 Testing Laboratory - The Program shall conduct an actual analysis of the
specimen provided by the collection sitelclinic, using an immunochemical method,
to determine the presence or absence of the following drugs:
33.1 Marijuana
3.3.2 Cocaine
3.3.3 Amphetamines
3.3.4 Opiates
3.3.5 Phencyclidine (PCP)
EXHIBIT A
At the request the Member, the Program shall screen for additional drugs.
The Program will automatically confirm by Gas Chromatography/Mass
Spectrometry (GUMS) all presumptive positive results from screening of
the drugs named above. The level at which a positive result is confirmed
shall be according to SAMHSA standards for the respective drugs. The
Program will report all test results to the designated Medical Review Officer
within seventy-two (72) hours of receipt of the urine specimen. All results
will be reported either negative or positive without numerical value, unless
numerical values are requested by the member. Upon request of the
member, the Program will provide a numerical value of test results.
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3.4 ' Chain of Custody - The Program shall maintain proper chain of custody
controls during all testing and/or handling of urine specimens and proper
chain of custody documentation. The Program will retain custody of any
confirmed positive specimens under proper chain of custody and secured
refrigerated condition as per SAMHSA regulations.
3.5 Medical Review Officer (MRO) - The Program shall be responsible for Medical
Review Officer services at the request of the member. The Program 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
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EXHIBIT A
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 give the individual an opportunity to discuss the test result. The Medical
Review Officers shall be licensed physicians. Medical Review Officer services
shall include but not be limited to:
3.5.1 Receive and review test results from the laboratory.
3.5.2 Review certified copies of chain of custody forms.
3.5.3 Report negative results to designated member personnel.
3.5.4 Interpret positive results.
3.5.5 Conduct confidential medical interviews with positive tested individuals.
3.5.6 Consult with collection site and laboratory personnel.
3.5.7 Request quantitative results, if needed.
3.5.8 Order analysis of slit specimen, if requested.
3.5.9 Determine whether positive tests are the result of prescribed or illicit drugs.
3.5.10 Report results of verified positive tests to designated member personnel.
3.5.11 Store all positive results for five (5) years.
3.5.12 Order blind specimen testing as needed.
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.
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EXHIBIT A
Random alcohol testing must be done at a minimum annual rate of 10% of the average
number of safety-sensitive driver positions. These tests must be spread reasonably
throughout the calendar year. Members should be given the opportunity to conduct the
random selection through participation in pools or consortia, in which the number of
drivers to be tested may be based on the total number of subject drivers covered by the
pool.
3.6 Alcohol Testing - The Program shall assist members in the development of
procedures to comply with federal and/or state regulations for alcohol testing. Such
assistance shall include but not be limited to:
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3.6.1 Designation of testing/collection sites.
3.6.2 Selection and procurement of Evidential Breath Testing Devices , if
necessary.
3.6.3 Selection of alternative alcohol testing methods as allowed by federal or
state regulation.
3.6.4 Designation of certified Breath Alcohol Technicians.
3.7 Record Keeping and Reports - The Program shall assist members in developing
and maintaining records and preparing reports required by federal or state
regulations. 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.
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EXHIBIT A
3.7.3 Required calibration of Evidential Breath Testing Devices (EBT's).
3.7.4 Annual calendar year summary.
3.7.5 Records related to the collection process and required training.
3.7.6 Negative and cancelled drug and alcohol test results.
3.8 Periodic Statistical Reports - Upon the request of the member, the Program will
provide, on a monthly or quarterly basis as requested by the Member, a statistical
report of the-test results during the reporting period, to include the following:
3.8.1 The number of specimens tested during the reporting period.
3.8.2 The number of specimens tested positive.
3.8.3 A breakdown of positive results, indicating the drug for which positive
results were obtained.
3.8.4 A breakdown of results per test category; i.e., pre-employment, post-
accident, random.
3.9 Expert Witness Testimony - The Program will provide expert
witness testimony if requested by the member at the cost of the
member.
3.10 Education and Training - The Program shall provide education and training to
Members regarding their obligations under federal and state regulation. The
education and training program shall include, but not be limited to:
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EXHIBIT A
3.10.1 Preparation of background and reference material.
3.10.2-Development of agenda and curricula.
3.10.3-Identification of faculty.
3.10.4-Instructors.
3.10.5-Meeting announcements.
3.11 Update of Rules and Regulation - The Program shall inform and update the
Member regarding any revisions to federal or state rules and regulations concerning
drug and alcohol testing requirements.
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4. COMPENSATION
ARTICLE IV-COMPENSATION
Members shall be responsible for all costs associated with drug and alcohol tests.
Members will be invoiced directly by the service provider.
4.1- Terms of Payment - The service provider shall submit invoices to
the Member on a monthly basis for services performed under this
Agreement. The Member will provide payment within thirty (30)
days following receipt of invoice. Payment by the Member does not
waive the Member's right to object to charges later found to be
improper.
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EXHIBIT A
ARTICLE V-TERM AND TERMINATION
5. TERM AND TERNIINATION
5.1- Contract Term
The term of this Agreement shall commence on January 1, 2000 through December
31, 2000, and shall continue thereafter on an annual basis unless either party
informs the other of its intention to terminate on modify the Agreement no later
than November I' of each year.
ARTICLE VI-INSURANCFANDEMNIFICATION
6. INSURANCE/INDEMNIFICATION
6.1 Insurance-At all times during the terms of this Agreement, MCIT shall maintain
General Liability, Automobile Liability, Fidelity and Workers Compensation
coverage.
6.2 Indemnification-MCIT warrants that the drug and alcohol testing policies,
procedures and practices do and will at all times, comply with governmental laws,
rules and regulations. In consideration of the Member using the MCIT drug and
alcohol testing program, MCIT agrees to defend, indemnify and hold the Member
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 MCIT's drug and alcohol testing policies, procedures and practices to
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EXHIBIT A
comply with any applicable governmental laws, rules and regulations, and from any
act of failure to act in connection with MCIT's performance under this Agreement.
The Member agrees to indemnify, defend and hold MCIT and its director, officers,
agents and employees harmless from any loss, cost and expense (including court
costs and attorneys fees) to MCIT, arising out of or resulting from 'the Members
negligence with respect to the test results after they are received by the. Member
from MCIT's service provider.
ARTICLE VII-OTHER PROVISIONS
7. OTHER PROVISIONS
7.1 Certification-MCIT represents and warrants that its drug and
alcohol testing service provider 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 licensing and operation
of drug testing services.
7.2 Independent Contractor-MCIT is expressly forbidden to act for the
Member in any other capacity, or to represent itself in any manner as
an agent of the Member, except under the terms hereof. During the
term of this Agreement MCIT, MCIT employees and service
providers shall be considered and act as an independent contractor
and shall not be considered as employees of the member. MCIT and
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EXHIBIT A
its service providers shall furnish all labor required to perform the
services and will have full control and direction over the method and
manner of performing those services.
7.3 Entire Agreement This agreement embraces the entire Agreement
between the parties. No oral agreement or representation concerning
this Agreement shall be binding.
7.4 Amendments-This Agreement may be altered, extended, changed or
amended in writing by mutual agreement of the parties hereto when
dated and attached hereto without altering the other terms of this
Agreement.
7.5 Severability Every provision of this Agreement shall be construed,
to the extent possible, so as to be valid and enforceable. If any
provision of this agreement so construed is held by a court of
competent jurisdiction to be invalid, illegal, or otherwise
unenforceable, such provision shall be deemed severed from this
Agreement, and all other provisions shall remain in full force and
effect.
IN WITNESS WHEREOF, City of Brooklyn Centag MCIT have caused this Agreement to
be executed by the person authorized to act in their respective names on the date shown below:
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EXHIBIT A
Minnesota Counties Insurance Trust
By:
Title:
Date:
By:
Michael J. McCauley
Title: City Manager
Date: December 13, 1999
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