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HomeMy WebLinkAboutAlcohol & Drug Testing ServicesCONTRACT - ALCOHOL AND DRUG TESTING SERVICES THIS AGREEMENT, is made between MIDWEST TOXICOLOGY SERVICE, INC., located at 603 E. Washington Street, Suite 200, Indianapolis, Indiana 46204, hereinafter referred to as PROVIDER, and, CITY OF JEFFERSONVlLLE, a corporation having an address at 501 E. Court Ave. Rm 407, Jeffersonville, IN 47130, hereinafter referred to as COMPANY. WHEREAS: PROVIDER provides alcohol and drug testing services to companies to support workplace alcohol and drug testing programs and policies; and COMPANY has a policy for alcohol and drugs of abuse testing of applicants and/or employees and requires alcohol and drug testing services from PROVIDER. In consideration of the mutual covenants and promises set forth, the parties hereby enter into this agreement, the terms and conditions of which shall apply from the execution date of this agreement. The parties both recognize that federal, state, and local laws may apply to services covered herein. In particular, certain services may be performed according to regulations established and governed by the Department of Transportation (hereinafter referred to as DOT). Both parties agree to assure, to the best of their ability, that services provided are rendered according to ali applicable laws and regulations. NOW THEREFORE, in consideration of the premises and the mutual promises, covenants, and agreements contained herein, the parties agree as follows: SCOPE OF SERVICES Alcohol tests are tests performed using screening and evidential testing devices approved by the National Highway Traffic Safety Administration (NHTSA) as reflected by publication in the NHTSA Conforming Products List (CPL) by trained and certified breath alcohol technicians (BATs). Drug tests are tests performed using chain-of-custody collection and handling procedures, testing laboratories certified by the Department of Health and Human Services (DHHS) for such testing, and medical review officers (MROs) for re_,view and reporting of test results. DOT tests, whether DOT alcohol tests or DOT drug tests, are tests performed in accordance with the regulatory requirements of the DOT for such testing, including all applicable procedural, personnel, and equipment requirements. PROVIDER RESPONSIBILITIES PROVIDER will maintain facilities and personnel adequate to the performance of services agreed to be provided to COMPANY. In particular, PROVIDER will maintain trained and certified personnel qualified to perform services provided. PROVIDER will maintain, in a secure location with controlled access, all dated records, information, and notifications, identified by individual, for specific information and records for minimum time periods according to the schedute following and as applicable related to services provided by PROVIDER to COMPANY: Five years X A~cohol tests -> 0.02, positive drug tests, refusals to test, including alcohol form/drug custody & control form & MRO documentation as applicable ~X Medical explanations of inability to previde specimens X Calibration documentation for EBTs Two years BAT and drug screen collector training/certification Random selection records X. Agreements: testing - collection, laboratory, MRO, consortium One year ~ Negative/canceled drug test results; alcohol test results < 0.02 PROVIDER will not release individual test results to any person, without first obtaining specific written authorization from the tested individual. Nothing in this paragraph shall prohibit PROVIDER from releasing, to COMPANY, its agents or to officials of the DOT or DOT operating agency, or any State or local officials with regulatory authority over the testing program, individual test results, or from releasing individual test results or related information to comply with requests resulting from a legal action, including but not limited to P:\Contracts\Cities\City of Jeffersonville 1-04.DOC 1 unemployment hearings, workers' compensation hearings, or other legal hearings, initiated by the tested individual. PROVIDER will make available to COMPANY, at location(s) of COMPANY's choosing, and at reasonable expense to COMPANY for copying and shipping charges, ail records related to alcohol and drug testing performed by PROVIDER for COMPANY, except records containing confidential medical information, within two business days of notification by COMPANY of such request. Reporting of results to COMPANY by PROVIDER, if applicable, will be by facsimile transmission, electronic transmission, or first class U.S. Mail; in exceptional circumstances reporting may be by telephone. Provision of results by overnight courier (Federal Express, Airborne, or Express Mail) can be arranged; the charge for this service will depend upon the carrier selected. All forms of result transmission will include safeguards to insure confidentiality required by DOT regulations. COMPANY RESPONSIBILITIES COMPANY will provide PROVIDER with the most recent applicable alcohol and/or drug testing policies of COMPANY. COMPANY will designate a representative and an alternate to whom the PROVIDER will report test results and discuss or report other information. COMPANY will notify PROVIDER of any responsibilities with regard to the COMPANY's Employee Assistance Program as it relates to alcohol and drug testing. COMPANY represents that the means of obtaining results from the PROVIDER, (including, but not limited to, electronic or computer transmission, facsimile transmission (fax), or written communication) will assure that the results and other information remain secure and confidential with distribution of or access to such information to COMPANY officials with a business need for the information only. COMPANY authorizes PROVIDER to request specific information or to order additional tests as necessary for COMPANY to comply with DOT regulations and related to tests performed for COMPANY; COMPANY agrees to pay for additional costs and charges related to such information requests or additional testing performed. COMPANY acknowledges that performance of necessary verification procedures may be dependent upon cooperation by COMPANY representatives, tested individuals, and/or personal physicians and/or health care providers that may possess vital medical history information. ASSIGNED RESPONSIBILITIES COMPANY and PROVIDER agree that responsibility for the following procedures and services witl be the PROVlDER's. · Selection/provision of drug testing collections · Selection/provision of testing laboratory services · Random selection for drug and/or alcohol testing · Blind specimen testing for quality assurance purposes FEES ANDPAYMENT FEES Fees ~rse~ices provided by PROVIDER to COMPANY will bein accordance withthe FEES SCHEDULE herebyincorpomtedoniastpage ~thisag~ement. FEE CHANGES The price for services rendered under this agreement will not change unless PROVIDER notifies COMPANY in writing thirty (30) days in advance of a price change. If COMPANY does not agree to the new price, PROVIDER, at its sole discretion, may continue to provide agreed upon services at the then current price for the duration of the agreement, or may discontinue the provision of services on the date the new schedule of fees would take effect, subject to severability provisions described elsewhere in this agreement. If COMPANY account should become delinquent, COMPANY will be responsible for all expenses involved in the collection efforts, including attorney's fees, court costs, and collection agency fees. P:\Contrac~s\Cifies\City of Jeffersonville 1-04.DOC 2 SIGNIFICANT CHANGES IN SERVICES PROVIDED If during the term of this agreement there is a significant change in the requirements of the PROVIDER, or other services covered under this agreement as the result of regulatory changes, or other changes mandated by federal or state law, both parties agree to renegotiate the services and fees provided herein, subject to severability provisions described elsewhere in this agreement. PAYMENT PROVIDER will invoice COMPANY for all services provided upon conclusion of testing procedures. Payment terms are net thirty (30) days after the date of any invoice. Overdue payments are subject to additional interest and service charges. In the case of failure of COMPANY to make timely payments, PROVIDER may continue to perform its obligations as per this contract and be entitled to recover all payments for services rendered according to this contract, including interest and service charges on late payments, and also including expenses of collection and reasonable attorney's fees. GENERAL TERMS AND CONDITIONS: TERM This agreement shall be in effect from the date of execution and be in effect for a period of one (1) year. The responsibilities; obligations and liabilities shall survive the term of this agreement. This agreement shall automatically renew for additional one year periods as the end of its term unless either party has given written notice of intent to change the terms of the agreement no less than sixty (60) days prior to the renewal date. INDEPENDENT CONTRACTORS Both padies to this agreement are independent contractors, and nothing contained herein shall be construed to place the parties in the relationship of partners, joint venturer, or employer-employee, and neither party shall have the power to obligate or blind the other whatsoever beyond the terms of this agreement. RESPONSIBILITY FOR COMPANY POLICY AND PROGRAM The parties understand and agree that PROVIDER does not make any employee decisions for employer such as hiring of applicants, termination, discipline or retention of any employee or former employee and that COMPANY has sole responsibility for all such decisions. PROVIDER shall not be responsible for any damages resulting from acts or omissions of the COMPANY under the COMPANY's substance abuse policy. SEVERABILITY If any provision of this Agreement is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the parties shall, if possible, agree on a legal, valid and enforceable substitute provision which is as similar in effect to the deleted provision as possible. The remaining portion of the Agreement not declared illegal, invalid or enforceable shall, in any event, remain valid and effective for the term remaining unless the provision found illegal, invalid or unenforceable goes to the essence of this Agreement. Either party has the right to terminate this contract, for any reason whatsoever, upon sixty (60) business days notice by the terminating party. FORCE MAJEURE In no event shall PROVIDER have any responsibility or liability to COMPANY for any failure or delay in performance by PROVIDER which results from or is due to, directly or indirectly and in whole or in part, any cause or circumstances beyond the reasonable control of PROVIDER. Such causes and circumstances shall include but are not limited to acts of God, acts of COMPANY, acts, rules or regulations or orders of any governmental authority or agency thereof (whether civil, military, executive, legislative, judicial, or otherwise), strikes or other concerted actions of workers, lockouts, or other labor disputes or disasters, accidents, wars, riots, rebellion, sabotage, insurrection or civil disturbances, difficulties or delays in private or public transportation, or any other cause beyond PROVIDER's reasonable control. WAIVER The failure of either party to exercise or enforce any right conferred upon it under this Agreement shall not be deemed to be a waiver of any such right, nor to operate to bar the exercise or performance of any right at any time. INDEMNIFICATION COMPANY shall indemnity, defend and hold harmless PROVIDER, PROVIDER's directors, officers, agents and employees, and each one of them, from and against any and all claims, suits, and damages of whatever nature made or asserted by a present or former employee or agent or applicant for employment of the COMPANY, of its parent, subsidiary or affiliate companies, arising out of or in any way related to services provided by the PROVIDER under this Agreement, related to negligent, fraudulent, or illegal action or omission of COMPANY or COMPANY's employees, agents, or related personnel. COMPANY agrees to indemnify and hold harmless P:\Contracts\Cities\City of Jeffersonville 1-04.DOC 3 PROVIDER, its parents, subsidiaries, and affiliates from any loss, damage, or claim brought by third parties (including COMPANY's tested individuals) resulting from any willful or negligent act or omission on the part of COMPANY or COMPANY's representatives. PROVIDER shall indemnify, defend and hold harmless COMPANY, COMPANY's directors, officers, agents and employees, and each one of them, from and against any and all claims, suits, and damages of whatever nature made or asserted by a present of former employee or agent of PROVIDER, of its parent, subsidiary or affiliate companies, arising out of or in any way related to services provided by the PROVIDER under this Agreement, related to negIigent, fraudulent, or illegal action or omission of PROVIDER or PROVIDER's employees agents, or related personnel. PROVIDER agrees to indemnify COMPANY from and against any and all claims arising out of its submission of data or analytical results which are false or incorrect as a result of willful, inten[ional, or negligent acts or omissions by PROVIDER personnel. GOVERNING LAW The provisions of the Agreement shall be construed, interpreted and governed by the substantive laws of the State of Indiana, including all matters of construction, validity and performance but without giving effect to Indiana choice-of-law or conflict-of-law principles. ENTIRE AGREEMENT This agreement represents the entire agreement between PROVIDER and COMPANY. This agreement supersedes all prior agreements, understandings, negotiations and discussions, written or oral, and may be modified only by a written document signed by both PROVIDER and COMPANY. Fee schedule is attached on next page. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year executed below: PROVIDER: Midwest Toxicology Services, Inc Date: o~ --/~'-- O y COMPANY: CITY OF JEFFERSONVILLE Title: Date: z ..T,-. d Name p:\Contracbs\Cifies\City of Jeffersonville 1-04.DOC 4 Program Fees Testing Fees: On-site service at your place of business or service using other local collection site: Drug Test: $60.00 per test Alcohol Test: $30.00 per test Service using other local collection site (medical facility): Fees will usually be similar to the fees quoted above. The amount that the collection site charges us for the collection will affect your final fee for the complete test. If you plan to definitely use a local collection site, we can get an exact quote for you. Training materials: Employee Education Training Packets (Optional): $3.00 each (Note - 1 master packet is provided in the DOT Record Notebook which you may duplicate whenever you have new employees needing the material) Supervisor Training Notebooks: $20.00 each Midwest Toxicoloqv On-Site Services Policy: If Midwest Toxicology Services is scheduled to come on-site and we do not collect anyone because the employee(s) do not show, you forgot we were coming, etc., a no show or trip fee will be charged. In order to avoid an extra fee you must contact our scheduling office and cancel the collection before we ardve. Depending on the circumstance, the no show or trip fee will vary from $50 to $100. p:\Contracts\Cities\City of Jeffersonville 1-04.DOC 5