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R-94-01-27-9C - 1/27/1994WHEREAS, the City is in need of drug testing laboratory services, and WHEREAS, Scott and White Drug Testing Laboratory ( "Scott and White ") has agreed to provide the drug testing laboratory services, and RESOLUTION NO. R" 9 I 0/-Q7-9C WHEREAS, Scott and White has provided the City with an agreement which the City wishes to approve, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Scott and White to provide drug testing laboratory services for the City, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 27th day of January, 1994. ATTEST: KS /RESOLUTION RS01774C /ht.) G ea z.i _i NE LAND, City Secretary CHARLES CUL R, Mayor City of Round Rock, Texas SCOTT&WHITE DRUG TESTING PROPOSAL FOR CITY OF ROUND ROCK 5 PANEL DRUG SCREEN $23.00 (Amphetamine, Cocaine, Cannabinoids, Opiates, PCP) BLOOD ALCOHOL $ 8.00 PRICE INCLUDES: * Automatic GC /MS confirmation of positives * 24 hour turn - around time on results INCLUDING POSITIVES from receipt of specimen at the laboratory * Collection kits and Chain of Custody forms supplied to your collection site, as well as in- service training if necessary. * Transportation of specimens to the laboratory by S &W courier SCOTT & WHITE CLINIC An Association Affiliated With Scott and White Memorial hospital and Scott, Sherwood and Brindlcy Foundation SANTA FE CENTER 600 S. 25th St. TEXAS A&M UNIVERSITY COLLEGE OF MEDICINE, TEMPLE CAMPUS 800/749 -3788 Temple, Texas 76504 817/771 -8379 DEPARTMENT OF DRUGS AND TOXICOLOGY SCO`IT &WHITE MEMORANDUM OF AGREEMENT The purpose of this memorandum of agreement is to specify terms under which Scott & White Drug Testing Laboratory ( "Scott & White ") will provide drug testing services to the City of Round Rock. Scott & White Drug Testing Laboratory and the City of Round Rock agree to the following terms and conditions: 1. Scott & White will test each urine sample for the presence of the following drugs and /or their metabolites: a) amphetamine, b) cocaine, c) cannabinoids, d) opiates, e) phencyclidine 2. Scott & White will utilize an enzyme immunoassay test to initially screen all urine samples. Samples testing positive on that initial screen will be confirmed through the use of Gas Chromotography Mass Spectometry (GC /MS). only if the GC /MS analysis confirms a positive result will the sample be reported as positive. 3. Scott & White will utilize proper testing and chain of custody procedures to assure accuracy. All testing and chain of custody matters will be conducted in a manner consistent with all of Scott & White's written policies and procedures relating to those matters. 4. Collection kits, chain of custody forms, and courier transport of samples to the laboratory will be provided by Scott & White. Scott & White will provide in- service training on specimen collection protocol and chain of custody procedures to collection site personnel designated by the City of Round Rock. SCOTT & WHITE CLINIC An Association Affiliated With Scott and White Memorial Hospital and Scott, Shcrwood and Brindlcy Foundation TEXAS A&M UNIVERSITY DEPARTMENT OF COLLEGE OF MEDICINE, DRUGS AND TOXICOLOGY TEMPLE CAMPUS SANTA FE CENTER 800/749 -3788 600 S. 25th St. Temple, Texas 76504 817/771 -8379 5. The City of Round Rock will provide Scott & White with a list of personnel authorized to receive test results. Written test results will be addressed to the authorized personnel and mailed in a confidential envelope with a tamper evident seal. Verbal results will only be given after personalized codes have been established with the authorized personnel. Codes must be given each time a verbal result is reported to insure confidentiality. 6. All positive urine samples shall be retained in secured storage by Scott & White for a period of 12 months. All raw data pertaining to that positive result will be maintained for a period of 24 months. If a test result is involved in any administrative proceedings, claims, or upon written request from the City of Round Rock, the sample will be retained in secured storage until the administrative proceedings, claims, or lawsuit is resolved. 7. For the above listed services, the City of Round Rock agrees to pay Scott & White Drug Testing Laboratory, the agreed upon price of $23.00 per test. A written 30 day notice will be provided by Scott & White Drug Testing Laboratory notifying the City of Round Rock of any price change. 8. Payments should be received by Scott & White Drug Testing Laboratory within thirty (30) days of receiving the monthly statement. 9. This agreement may be terminated by either party at any time for any reason upon thirty (30) days' written notice to the other party. City /f /f //J Round Rock Scott & White Drug Testing Laboratory Date: DATE January 25, 1994 SUBJECT: City Council Meeting, January 27, 1994 ITEM: 9C. Consider a resolution authorizing the Mayor to enter into an agreement with Scott & White Drug Testing Laboratory for drug testing laboratory services. STAFF RESOURCE PERSON: Joanne Land /Linda Gunther STAFF RECOMMENDATION: With the adoption of the Personnel Policies and Procedures on December 9, 1993, the City is required to conduct post -offer drug testing to all applicants. Scott & White Drug Testing Laboratory has submitted the attached agreement for the screening and testing services. Scott & White will test each urine sample for the presence of the following drugs and /or their metabolites: amphetamine; cocaine; cannabinoids, opiates, and phencyclidine. Staff recommends approval of the agreement. ECONOMIC IMPACT: $31.00 per applicant. SCOTT &WHITE SCOTT & WHITE CLINIC An Association Affiliated With Scott and White Memorial Hospital and Scott, Sherwood and Brindicy Foundation MEMORANDUM OF AGREEMENT LABORATORY SERVICES Santa Fe Ccntcr 600 S. 25th Street Temple, Texas 76504 817/771.8379 or 800/7493788 1140 E. Pioneer Pkwy. Suitc 304 Arlington, Texas 76010 817/261.8466 k - (0f -0T7- 9C The purpose of this memorandum of agreement is to specify terms under which Scott & White Drug Testing Laboratory ( "Scott & White ") will provide drug testing services to the City of Round Rock. Scott & White Drug Testing Laboratory and the City of Round Rock agree to the following terms and conditions: 1. Scott & White will test each urine sample for the presence of the following drugs and /or their metabolites: a) amphetamine, b) cocaine, c) cannabinoids, d) opiates, e) phencyclidine 2. Scott & White will utilize an enzyme immunoassay test to initially screen all urine samples. Samples testing positive on that initial screen will be confirmed through the use of Gas Chromotography Mass Spectometry (GC/MS). Only if the GC/MS analysis confirms a positive result will the sample be reported as positive. 3. Scott & White will utilize proper testing and chain of custody procedures to assure accuracy. All testing and chain of custody matters will be conducted in a manner consistent with all of Scott & White's written policies and procedures relating to those matters. 4. Collection kits, chain of custody forms, and courier transport of samples to the laboratory will be provided by Scott & White. Scott & White will provide in- service training on specimen collection protocol and chain of custody procedures to collection site personnel designated by the City of Round Rock. 2391 NE loop 410 Suite 112 San Antonio, Texas 78217 512/637-(LABS) r �a 5. The City of Round Rock will provide Scott & White with a list of personnel authorized to receive test results. Written test results will be addressed to the authorized personnel and mailed in a confidential envelope with a tamper evident seal. Verbal results will only be given after personalized codes have been established with the authorized personnel. Codes must be given each time a verbal result is reported to ensure confidentiality. 6. All positive urine samples shall be retained in secured storage by Scott & White for a period of 12 months. All raw data pertaining to that positive result will be maintained for a period of 24 months. If a test result is involved in any administrative proceedings, claims, or upon written request from the City of Round Rock, the sample will be retained in secured storage until the administrative proceedings, claims, or lawsuit is resolved. 7. For the above listed services, the City of Round Rock agrees to pay Scott & White Drug Testing Laboratory, the agreed upon price of $23.00 per test. A written 30 day notice will be provided by Scott & White Drug Testing Laboratory notifying the City of Round Rock of any price change. 8. Payments should be received by Scott & White Drug Testing Laboratory within thirty (30) days of receiving the monthly statement. 9. This agreement may be terminated by either party at any time for any reason upon thirty (30) days' written notice to the other party. c1� hite Date: a: \memagrmcrr Testing Laboratory DAVID C. LYNN SCOTT&WHITE Ms. Linda Gunther City of Round Rock 221 E. Main Round Rock, TX 78664 Dear Linda, July 23, 1993 Per your request, I have enclosed a Memorandum of Agreement between Scott & White and the City of Round Rock for drug testing laboratory services. I hope that this is in line with what you had in mind. If not, let me know and I will make whatever changes are necessary. enclosures If I may be of further assistance, please let me know. SCOTT & WHITE CLINIC TEXAS A&M UNIVERSITY DEPARTMENT OF An Association Affiliated COLLEGE OF MEDICINE, DRUGS AND TOXICOLOGY With Scott and White TEMPLE CAMPUS Memorial Hospital and Scott, Sherwood and Brindlcy Foundation SANTA FE CENTER 800/749 -3788 600 S. 25th St. Temple, Texas 76504 817/771.8379 Very ruly yours, Linda Moore Marketing Representative KS/ROUNDROCK AORESCWH MEMORANDUM OF AGREEMENT The purpose of this memorandum of agreement is to specify terms under which Scott & White Drug Testing Laboratory ( "Scott & White ") will provide drug testing services to the City of Round Rock. Scott & White Drug Testing Laboratory and the City of Round Rock agree to the following terms and conditions: 1. Scott & White will test each urine sample for the presence of the following drugs and /or their metabolites: a) amphetamine, b) cocaine, c) cannabinoids, d) opiates, e) phencyclidine 2. Scott & White will utilize an enzyme immunoassay test to initially screen all urine samples. Samples testing positive on that initial screen will be confirmed through the use of Gas Chromotography Mass Spectrometry (GC /MS). Only if the GC /MS analysis confirms a positive result will the sample be reported as positive. 3. Scott & White will utilize proper testing and chain of custody procedures to assure accuracy. All testing and chain of custody matters will be conducted in a manner consistent with all of Scott & White's written policies and procedures relating to those matters. 4. Collection kits, chain of custody forms, and courier transport of samples to the laboratory will be provided by Scott & White. Scott & White will provide in- service training on specimen collection protocol and chain of custody procedures to collection site personnel designated by the City of Round Rock. 5. The City of Round Rock will provide Scott & White with a list of personnel authorized to receive test results. Written test results will be addressed to the authorized personnel and mailed in a confidential envelope with a tamper evident seal. Verbal results will only be given after personalized codes have been established with the authorized personnel. Codes must be given each time a verbal result is reported to insure confidentiality. 6. All positive urine samples shall be retained in secured storage by Scott & White for a period of 12 months. All raw data pertaining to that positive result will be maintained for a period of 24 months. If a test result is involved in any administrative proceedings, claims, or ATTEST: upon written request from the City of Round Rock, the sample will be retained in secured storage until the administrative proceedings, claims, or lawsuit is resolved. 7. For the above listed services, the City of Round Rock agrees to pay Scott & White Drug Testing Laboratory, the agreed upon price of $23.00 per test. A written 30 day notice will be provided by Scott & White Drug Testing Laboratory notifying the City of Round Rock of any price change. 8. Payments should be received by Scott & White Drug Testing Laboratory within thirty (30) days of receiving the monthly statement. 9. This agreement may be terminated by either party at any time for any reason upon thirty (30) days' written notice to the other party. 10. Scott & White assumes full responsibility for the work to be performed and hereby releases, relinquishes and discharges City of Round Rock, its officers, agents and employees, from all claims, demands, and causes of action of every kind and character including the cost of defense thereof, for any injury to person and any loss of damage to property caused by or alleged to be caused, arising out of, or in connection with Scott & White's work to be performed hereunder. Dated this the JOANNE LAND, City Secretary day of , 199_ 2. CITY OF ROUND ROCK By: Charles Culpepper, Mayor SCOTT & WHITE DRUG TESTING LABORATORY By: Printed Name: Title: To: Jim Nuse, Public Works Director From: Linda Gunther, Personnel Manager Date: 11/12/93 Subj: Drug Free Work Place Please find attached information regarding the Drug Free Work Place Policy on the transportation of alcohol. Please let me know if there is any additional information you may be needing. ccCJoanne Land; Asst `City Manager ar.PIATZE 1G50T,=1.7 Company's Substance Abuse Program :.s been copy of the Cotpany's Substance Abuse Policy I further acknowledge the following: A (ic/21 x-41.(%1fr°11 .,e-e-uulf/ hat this ceived a • - €.6 1 That I have been noti__ :ibution, dispensation, possession use of drugs or other controlletances and/or the abuse of alcohol is prohibited in the Cotpany's workplace, and that violation of these prohibitions will subject ma to `.--'nation. 2. That as a condition of continued etployment, I will abide by the Coopany's Substance Abuse Program, and if T A'. heavy aa";--ant and/or drive company vehicles, and if convicted for driving under the influence or of a violation of a criminal drug statute in the workplace, I will notify the Company within five (5) days of the conviction. 3. I understand that refusal or failure to subtit to a substance abuse test shall be cause for it:ate tert.ination fro: my employment. If I an identified as an abuse: of alcohol, or user of drugs or other controlled substances, I will be subject to dis-'7 action, up t: and including termination. 4. Upon being ident'''ad as an abuser of alcohol or user of dr.:gs or other controlled substances, my obligation to meet the Company medical standards and my eligibility for etploytent :ay require se to sub:it to periodic substance abuse tests for at least one yea: f::: the test date showing the positive results. During this time, I agree not to use any controlled substance unless medically prescribed, and the Company will be notified of such use. I understand and agree to the above terms and conditions of employment. I understand that the above in no way creates an obligation or contract of etployment and that I, as well as the Company, have the right to end the a-ploy -=';' at anytire. Employee Rate (Please Print) Social Security i Employee Signature Cotpany ';itness . Date Date Drug & Alcohol Abuse prohibiting unlawful actions in general. al. so • as to cover activities involving illegal PM- 14.719. Communication of policy to employees. policy is cnncal Notice of a substance abuse p of to its success. Careful and direct p explication the basic problem that the employer ol e perceives eo r the is in rttanthin establishing the com- remedy it s im lovees. In the party's credibility iew the policy s u hexplanation. with its ems lovees might absence of such as p designed. not to achieve positive ands. but (0 (made their pri- vacy and impose arbitrary discipline. A com- pany should therefore communicate its policy to employees through its handbook. bulletin board. personal letters. memoranda. or any combination of those and other devices. The employer should clearly state that alcohol and drug abuse is unacceptable and explain the reasons why it is unacceptable. It should spell out how the companY problem and the behavior texd address expected of employ- ees. q PM-14.720. Employee handbook statement; The following ohi f win statement st atement of policy is a model on which employers may base their own policy formulations. The model takes into account various factors individually discussed in es PM- 14,718- 14,719. Companies will want to alter the model order tiveeinterests. that best suit their own res pec has, nonetheless a sound legal foundation and reflects the consideration of relations. v nbusiness interes i employ e The following abuse. They are effective Immediate s policy c onerning substance and will be n- foe rced uniformly with respect spec t to all employ- ees, as indicated. (1) All employees are prohibited from being under the influence of alcohol or illegal drugs - during j T working hours. - (2he- sale, -P a o ry chase of illegal drugs comoa? n business is or rwhde_ped m ormg— P Y strictly prohibited. Such action wilr be re- ported- to-appropriate law- enforcement offi (3) The—use,--sale. or possession of an ALWAYS CHECK CURRENT MATTER IN BACK EMPLOYMENT COORDINATOR 5i19 /66 pr against drug and alcohol usage. OF VOLUME PM- 14.;20 Illegal drug or controlled substance whsle on duty is caused for termination. (4) Any employee who com an whose - ful act on or off company premises conduct discredits the employer In any way will be subject to discipline. including termi- nation. (5) No alcoholic beverage will be brought or consumed on company premises except in connection with company - authorized events. (6) No prescription drug will be brought on company premises by any person other than the one for whom it is in cubed. Suc drugs will be used only combination and quantity prescribed. ee whose off -duty abuse of (7) o alcohol l employ or illegal or prescription drugs re- sults in excessive absenteeism or tardiness or is the cause of accidents or poor work will be referred to an employee assistance program for rehabilitation and will face termination if he or she rejects that program. (8) For purposes of this rule. an alcoholic beverage is any beverage that may be legally content and inonexc consumed of 3% alcoholic by volume. (9) Drug means any substance other than alcohol capable of altering an individu- al's mood, perception, pain level or judg- ment. A prescribed drug is any substance prescribed for individual consumption by a licensed medical practitioner. An Illegal drug is any drug or controlled substance the sale or consumption of which is illegal. The purposes of the policy set forth above are: (1) to establish environment maintain for all employ - healthy working ees; (2) to ensure the reputation of the com- pany and its employees within the commu- nity and industry at large; (3) to reduce the number of accidental injuries to person or prop (4) to reduce absenteeism and. tardiness and Improve productivity; and (5) to provide rehabilitation assistance for any employee who seeks such help. The company regrets any inconvienCebor problems that the policy may cause believes that the overall benefit to the com- 144,705 K. Under the Influence - A state of having a blood alcohol concentration of 0.10 or more. where "alcohol concentration" has the meaning assigned to it in Article 67011 -1, Revised Statutes: or the state of not having the normal use of mental or physical faculties resulting from the voluntary introduction into the body of an alcoholic beverage. a controlled substance. GENERAL POLICY PROVISIONS Any of the following actions constitutes a violation of the Policy and may subject an employee to disciplinary action including immediate termination: A. Using, selling, purchasing, transferring, possessing, manufacturing, or storing an illegal drug or drug paraphernalia, or attempting or assisting another to do so, while in the course of employment or engaged in a company sponsored activity, on company premises, in company owned, leased or rented vehicles, or on business. • B. Worrlg.or reporting.to_work, coriducting business or being on 1 " - premises -or m_a company_,owned,_leased - or- rented vehicle_while under the influence of an_i11eQa1= drug, alcohol of in an impaired'nco dition "" ""rte C. Switching, adulterating or attempting to tamper with any sample submitted for medical testing, or otherwise interfering or attempting to interfere with the testing process. PREVENTIVE ACTS A. Employees taking drugs prescribed by an attending physician must advise their direct Supervisor in writing of the possible effects of such medication regarding their job performance and physical /mental capabilities. This written information must be kept confidential and communicated to the direct supervisor prior to the employee commencing work. All medical information will be kept confidential and the employer, without exception, will punish any breach of privacy and confidentiality in this regard. All prescription drugs must be kept in their original container. B. Any employee involved in a work related accident where alcohol or drugs are believe to be a contributing factor will be referred to an employee assistance counselor in addition to any other accident investigation activities. 14 PURPOSE DRUG AND ALCOHOL POLICY (Testing) The objective of this policy is to develop a drug and alcohol -free workplace which will help insure a safe and productive workplace and to provide education and treatment to our employees. In order to further this objective, the following rules regarding alcohol and illegal drugs in the workplace have been established. POLICY 1. The company shall implement a comprehensive drug and alcohol abuse education program. As part of that program, information will be provided on the availability of employee assistance program services. 2. Alcoholism and other drug addiction are recognized as diseases responsive to proper treatment, and this will be an option as long as the employee cooperates. Employee assistance program (EAP) will be made available to assist employees. 3.— The manufacture, distribution; dispensing, possession, sale, purchase, or use of a_controlled- substance on company_property is prohibited: 4. Being under the influence of alcohol or illegal drugs on company property is prohibited. The unauthorized use or possession of prescription drugs or over -the counter drugs on company property is prohibited. 5. Employees who violate this policy are subject to appropriate disciplinary action including termination. 6. The policy applies to all employees of the company regardless of rank or position and includes temporary and part-time employees. DEFINITIONS A. Company Premises - All company property including vehicles, lockers, and parking lots. 12 PURPOSE: CITY OF ROUND ROCK DRUG FREE WORK PLACE POLICY Adopted: This policy is designed to be both firm and fair. It signals the City's commitment to provide a drug -free workplace - -- a commitment which the City believes is in the best interest of employees, the City and the community. This policy is designed to prohibit and prevent the use of drugs and alcohol by employees while on the job and encourage those who have substance abuse problems to get help and to promote a healthy, safe work. environment for all employees. All conduct and disciplinary action will comply with City of Round Rock Personnel Policy dated April 22, 1987, as amended, a copy of which is on file with the City Secretary. POLICY: :C.1 j' The City of Round Rock has a responsibility to provide a safe and productive workplace for all employees. Unfortunately, the actions of a few employees -- those who abuse drugs, including alcohol -- can have a direct impact on our ability to meet that goal. Therefore, the City of Round Rock has established a Substance Abuse Policy within the guidelines of the Drug -Free Workplace Act. The City recognizes that most substance dependence can be treated successfully. City provided health care benefits for the treatment of substance abuse problems are available to the extent provided in the applicable benefit plans. The City's health plan does have an Employee Assistance Program, established to all covered members. The EAP is to encourage individuals with personal problems, including substance abuse, to seek help. Although an employee's rehabilitation efforts will be strongly supported, participation in EA? is no protection against the normal disciplinary process associated with unsatisfactory job performance or behavior. S6hi7 ity pcdp'erty >or- during the conduct of City business, the use, possession, manufacture, sale or transfer of an illegal drug_or .,alcohol'Tis_ is =t ly pronibrbed'. 1 General Qs and As SWBT SUBSTANCE ABUSE POLICY 1. Q: What is SWBT's new substance abuse policy and who is covered by the policy? A: Its not a new policy. We've always prohibited the use, possession, sale and transfer of illegal substances on our premises and during the conduct of business. We have, however, combined our previous drug and alcohol abuse policies into one all inclusive policy and revised it to make it more practical and easier to enforce. We believe this policy demonstrates our continued commitment to provide a safe working environment for employees as well as ensuring the continued provision of quality service to our customers. All SWBT employees are covered by this policy. 2. Q: Why did SWBT revise the policy? A: The policy was revised to comply with the Drug Free Work Place Act of 1988, which requires firms that are federal government contractors to have a substance abuse policy. The policy must meet certain guidelines required by the Act. Our current policy not only meets those guidelines, it includes elements we believe to be in the best interests of our employees, the Company and the customers we serve. It also recognizes that substance abuse can be treated effectively for those who face up to their problems. 3. Q: How does SWBT's revised policy differ from the previous policy? A: It's more explicit. Our previous policy stated that use, possession or transfer of drugs on Company premises could result in dismissal. The revised policy states that any employee who, while on=Company premiaos -or= during =the 7 coadutt =of= Company = busines4, 4aanufacturss77 sells or7transters drugs to any Person shall - be dismissed — D iscipline, up to and including dismissal, shall be applied, as appropriate, in cases of use or possession of illegal substances. In addition, the policy requires that employees take a fitness examination when directed. Refusal to participate in such an examination will result in immediate dismissal. October 12, 1989