HomeMy WebLinkAboutC2024-009 - 1/9/2024 - Approved
SERVICE AGREEMENT NO. 5001
Drug, Alcohol Testing, and OccupationalMedical Services
THIS Drug, Alcohol Testing, and Occupational Medical Services Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation (“City”) andAlliance Health Resources Mobile Division, Ltd.
(“Contractor"), effective upon execution by the City Manager or the City Manager’s
designee (“City Manager”).
WHEREAS, Contractor has bid to provide Drug, Alcohol Testing, and Occupational
Medical Services in response to Request for Bid/Proposal No. 5001 (“RFB/RFP”), which
RFB/RFP includes the required scope of work and all specifications and which RFB/RFP
and the Contractor’s bid or proposal response, as applicable, are incorporated by
reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set
out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Drug, Alcohol Testing, and Occupational Medical
Services (“Services”) in accordance with the attached Scope of Work, as shown
in Attachment A, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2.
2. Term.
(A) The Term of this Agreement is five years beginning on the date provided
in the Notice to Proceed from the Contract Administrator or the City’s
Procurement Division. The parties may mutually extend the term of this Agreement
for up to zero additional zero-year periods (“Option Period(s)”), provided, the
parties do so in writing prior to the expiration of the original term or the then-current
Option Period.
(B) At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days’ written notice to the other Party.
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3. Compensation and Payment. This Agreement is for an amount not to exceed
$2,064,816.50, subject to approved extensions and changes. Payment will be
made for Services performedand accepted by the City within 30 days of
acceptance, subject to receipt of an acceptable invoice. All pricing must be in
accordance with the attached Bid/Pricing Schedule, as shown in Attachment B,
the content of which is incorporated by reference into this Agreement as if fully
set out here in its entirety. Any amount not expended during the initial term or any
option period may, at the City’s discretion, be allocated for use in the next Option
Period.
Invoices must be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City’s Contract Administrator for this Agreement is as follows:
Name: LaCresa Martin
Department: Human Resources
Phone: 361-826-3348
Email: LaCresaM@cctexas.com
5.Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance (“COI”), as proof of the required insurance
coverages,to the City’s Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days’
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies.The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
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bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond’s terms, conditions, and amounts were
fully set out here in itsentirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractora purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re-worked immediately at no charge
to the City. If immediate correction or re-working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item’s
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City’s invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractorwarrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City’s actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City’s product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
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10. Non-Appropriation. The continuation of this Agreement after the close of any
th
fiscal year of the City, which fiscal year ends on September 30 annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City’s City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. In performing the Services, the Contractor will not enter into
subcontracts or utilize the services of subcontractors.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third dayafter postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: LaCresa Martin
Title: Senior Management Analyst
Address: 1201 Leopard St., Corpus Christi, Texas 78401
Phone: 361-826-3348
Fax: N/A
IF TO CONTRACTOR:
Alliance Health Resources Mobile Division, Ltd.
Attn: Amy Strahan
Title: Business Office Manager
Address: 2910 Center Street, Deer Park, TX 77536
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Phone: (281) 479-6672
Fax: (281) 479-6594
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A)The City may terminate this Agreement for Contractor’s failure to comply with
any of the termsof this Agreement. The City must give the Contractorwritten
notice of the breach and set out a reasonable opportunity to cure. If the
Contractorhas not cured within the cure period, the City may terminate this
Agreement immediately thereafter.
(B)Alternatively, the Citymay terminate this Agreement for convenience upon
30days advance written notice to the Contractor. The City may also terminate
this Agreement upon 24 hours written notice to the Contractor for failure to pay or
provide proof of payment of taxes as set out in this Agreement.
19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner’s manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
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Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20.Limitation of Liability. The City’s maximum liability under this Agreement is limited
to thetotalamount of compensation listed in Section 3 of this Agreement.In no
event shall the City be liable for incidental, consequential or special damages.
21. Assignment. No assignment of this Agreement by the Contractor, orof any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
22. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor’s bid response (Exhibit 2).
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 “Certificate of Interested Parties” as part of this Agreement if required
by said statute.
25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
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agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
27.Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
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CONTRACTOR
Signature:
Printed Name:
Title:
Date:
CITY OF CORPUS CHRISTI
________________________________________________
Josh Chronley
Assistant Directorof Finance - Procurement
Date: _________________________
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B:Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1:RFB/RFPNo. 5001
Exhibit 2: Contractor’s Bid/Proposal Response
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Scope of Work
.1. General Requirements
A.The Contractor shall provide drug testing, collection and laboratory
services and medical review officer services as required by the City of
Corpus Christi’s Alcohol and Drug Testing Policies and Occupational
Medical Services to meet the requirements of The Americans with
Disabilities Act (ADA), workers’ compensation laws, police and fire
contracts and related state laws, Civil Service Board and Commission rules,
and other related City policies.
B.The Terms used in this Scope of Work are defined as follows:
1.“Alcohol Testing” means a procedure using a breath device, that is
approved by the National Highway Traffic Safety Administration and
placed on a conforming products list, to determine whether an
employee may have a prohibited concentration of alcohol in a
breath or saliva specimen, except for as provided in the Police
Department Alcohol Testing programs which shall be by blood test;
2.“Attachment” means a numbered exhibit to the Contract.
3.“C.A.P.” means the College of American Pathologists - Forensic Drug
Testing program;
4.“CDL” means a commercial driver’s license issued by the Texas
Department of Public Safety.
5.“City” means the City of Corpus Christi, Texas;
6.“Cit
y Council” means the City Council which is the Governing Body of
the City of Corpus Christi, Texas;
7.“City Manager” means the chief executive officer of the City of
Corpus Christi, Texas;
8.“Collection” means a urine specimen provided by an employee for
a drug test;
9.“Collector” means an individual authorized to receive a collection.
10.“Co
mmercial Vehicle Drivers” means employees of the City that
possess a CDL.
11.“Contract” means the Drug and Alcohol Services Agreement
between the City and Contractor based on this Request for Proposal;
ector” means the City of Corpus Christi Director of Human
12.“Dir
Resources;
13.“DOT” means the United States Department of Transportation;
14.“Drug Testing” means a procedure performed on a urine specimen to
identify and quantify the presence of a specific drug or drug
metabolite.
15.“Laboratory” means a facility for drug testing that is certified for drug
testing by the Substance Abuse and Mental Health Services
Administration (S.A.M.H.S.A.) of the United States Department of
Health and Human Services, and is accredited by the College of
American Pathologists - Forensic Drug Testing program;
16.“MR
O” means Medical Review Officer;
17.“NHTSA” means the National Highway Traffic Safety Administration;
18.“NON-DOT” means policies or procedures not mandated by the
Department of Transportation or covered under Collective Bargaining
Agreements with the Police and Fire Unions.
19.“Policy or Policies” means an official City Policy or official City Policies
approved by the City Manager;
20.“S.A.M.H.S.A.” means the Substance Abuse and Mental Health
Services Administration of the United States Department of Health and
Human Services;
.2. Scope of Work
A.The Contractor shall provide a minimum of two collection sites (Facility) for
Drug andAlcohol Testing or one collection site for Drug andAlcohol Testing
and provide pick-up and delivery for Occupational Medical Services as
described in Attachments I through IV. If only one collection site is provided,
pick-up for occupational services must be within one hour of Contractor
being notified of pick-up. Each instance of non-compliance will result in a
deduction of a percent discount for each patient not picked-up within the
hour after notification of pick-up.
B.The Contractor shall provide a report detailing the percentage seen within
the hour after notification, with an expectation of 90% or greater. Report
must show names, notification time/pick-up time and be submitted to the
th
City, by the 15of each month following the month for which it applies and
shall be submitted with the invoice to which it applies.
C.Drug & Alcohol Testing - The City requires approximately 2766 drug tests and
approximately 911 alcohol tests within a given twelve-month period, City-
Wide. In addition, the Fire and Police Department requires approximately
450 drug tests per year and the Police Department requires approximately
271 alcohol tests per year. The City following requirements apply to drug
and alcohol testing:
1.The Contractor must use laboratories that are S.A.M.H.S.A.-certified and
C.A.P.-accredited for the testing of ALL specimens collected under any
of the Alcohol and Drug Policies covering City employees based on the
policy of the City of Corpus Christi.
2.The Contractor will provide drug testing mandated by the United States
Department of Transportation (DOT) for City Gas Department
Employees. The DOT Specimen Collection Procedures for Drug Testing
and DOT Alcohol Testing Procedures for Gas Department Employees are
contained in Attachment I. The DOT Laboratory Drug Testing Protocol for
Gas Employees is contained in Attachment V-A.
3.The Contractor will provide for drug testing mandated by the DOT for
Commercial Vehicle Drivers (CDL) for the City. The DOT Specimen
Collection Procedures for Drug Testing and DOT Alcohol Testing
Procedures for CDL Employees are contained in Attachment I. The DOT
Laboratory Drug Testing Protocol for CDL Employees is contained in
Attachment V-A.
4.The Contractor will provide for alcohol and drug testing performed under
the City-Wide Alcohol and Drug Testing Policy. The NON-DOT Specimen
Collection Procedures for Drug Testing are contained in Attachment II.
The NON-DOT Laboratory Drug Testing Protocol for City Wide Employees
is contained in Attachment V-B.
5.The Contractor will provide for drug testing mandated by the DOT
Alcohol and Drug Testing Policy for the Municipal Marina Employees. The
DOT Specimen Collection Procedures for Drug Testing and DOT Alcohol
Testing Procedures for Marina Employees are contained in Attachment
I.The DOT Laboratory Drug Testing Protocol for Marina Employees is
contained in Attachment V-A.
6.The Contractor will provide for drug testing mandated by the respective
Collective Bargaining Agreements and Alcohol and Drug Policies, for
the Corpus Christi Police and Fire Departments. The NON-DOT Specimen
Collection Procedures for Drug Testing and NON-DOT Alcohol Testing
Procedures for the Fire and Police Departments are contained in
Attachments III and IV, respectively. The Non-DOT Laboratory Drug
Testing Protocol for the Fire and Police Departments is contained in
Attachments V-C and V-D, respectively.
7.The Contractor will provide for Medical Review Officer (MRO) services.
The MRO Services for Gas, CDL, Marina, City-Wide, including the Fire and
Police Departments’ requirements and MRO requirements are
contained in Attachment VI. Any and all costs associated with provision
of MRO services described in this scope of work are included/factored
into the price schedule.
8.The Contractorwill follow Custody and Control Procedures for drug
testing under the Gas, CDL, Marina, City-Wide and Fire and Police
Department Policies. The Contractor must comply with any revised
Policies.
9.The Contractor shall provide a collection site(s) that meet the Facility
requirements of Federal DOT and NON-DOT regulations and are clean,
well-lit and secured as provided for in the Scope of Work Attachments.
A collection site (Facility) complete with locker, lock and key which
meets all requirements of Attachments I through IV incorporated herein
is required for Police Department requirements.
10.The Contractor shall secure urine/blood specimen for drug testing or
have completed breath alcohol test within 30 minutes of sign in. Each
instance of non-compliance will result in a deduction of a percent
discount for each patient not seen within 30 minutes of sign in.
Contractorshall provide a report of urine/blood specimens collected or
breath alcohol tests detailing the percentage seen within 30 minutes of
sign in, with an expectation of 90% or greater. Report must show names,
time in/time out, by the 15th of each month following the month for
which it applies and shall be submitted with the invoice to which it
applies.
11.The Contractorshall provide full collection services to meet seasonal
needs for full collection services, as required by the City, by staying open
until 6 p.m. each day and/or being open on Saturdays. If after hour’s
drug/alcohol testing is required, calls must be returned as quickly as
possibe.
D.Occupational Medical Services - The City currently has 2343 civilian
employees, 491 police officers and 446 firefighters. The City following
requirements apply to occupational medical services:
1.The Contractor shall provide Occupational Medical Services which meet
requirements of The Americans with Disabilities Act (ADA), Workers’
Compensation Laws, Police and Fire Contracts and related State Laws,
Civil Service Board and Commission Rules, and other related City Policies.
Facilities used in performing these services are required to meet public
accessibility requirements of the ADA.
2.The City retains the sole responsibility for making employment decisions or
deciding whether or not it is possible to make a reasonable
accommodation for a person with a disability.
3.The Contractor shall provide Occupation services in a manner that allows
patients to be released within one hour of sign in. Each instance of non-
compliance will result in a deduction of a percent discount for each
patient not seen within one hour of sign in or the Contractor shall provide
a report detailing the percentage seen within one hour of sign in, with an
expectation of 90% or greater. Report must show names, time in/time out,
by the 15th of each month following the month for which it applies and
shall be submitted with the invoice to which it applies.
E.Po
st Offer Services- The Contractor shall provide post-offer medical
examinations based upon detailed job descriptions provided to the Physician
by Human Resources, and to advise Human Resources in writing whether
there is any medical condition which precludes the individual from performing
the essential functions of a job with or without reasonable accommodation,
or which present an undue hardship, or a direct threat to the health or safety
of the individual or others which cannot be eliminated by a reasonable
accommodation. The City following requirements post offer services:
1.Applicants for jobs who have been made an initial offer of employment
with the City of Corpus Christi contingent upon the passing of a post offer
examination will be scheduled by the Human Resources Department and
sent to the Contractor’s Facility. Temporary positions with work assignments
of less than 30 workdays, except for those in labor intensive job
classifications, shall be excluded from this requirement. City employees,
excluding Police and Fire Personnel will receive a full physical examination
post offer.
2.Appointments for physical examinations for applicants will be scheduled
with the Contractor’s Physician's Staff by Human Resources Department
Staff. The applicant will be advised to bring with him/her any eyeglasses,
contact lenses, and/or currently prescribed medications to optimize the
performance of pre-placement evaluation.
3.Applicants will be asked to report to the Physician's Office on the date and
15 minutes early to allow time for completing their "Medical History Form".
4.Notice of all medical determinations on applicant post offer examinations
shall be sent to the Human Resources Department on forms to be approved
by the Director of Human Resources. The Contractor’s Physician shall
complete the Physician's Medical Evaluation Form.
5.The strict confidentiality of medical records must be maintained by the
Contractor’s Physician and his/her staff. Dissemination of information from
the employee's City medical records is prohibited without the expressed,
written consent of the employee. Access to official City medical records is
limited to: the Occupational Medical Service Provider, Department of
Human Resources, Texas Municipal Retirement System (TMRS) for disability
retirement evaluations, City Attorney, the City's current or past Third Party
Administrator and the treating physician.
F.Occupational Injury related medical treatment – The Contractor shall provide
medical care to employees injured on the job, and who choose to go to the
Contractor’s Facility and/or physicians’ assistant. These services are indirectly
related to this contract, as injured employees are in no way required by the
City to choose the provider as their treating physician for a workers'
compensation injury /illness. For injuries occurring during the Contractor’s
regular office hours, the supervisor/ designee will bring the employee to the
Contractor’s Facility if the employee so chooses. After receiving medical care,
the Contractor will determine the treatment plan and whether or not the
injured employee can return to work.
G.Disability Review Committee - The City’s Disability Review Committee which
is designed to encourage timely recovery by employees from occupational
and non-occupational injuries or illnesses and their timely return to work by
providing medical assessments and recommendations. The following
requirements apply to the Disability Reviews:
1.The Contractor’s Physician is required to provide disability job-related
evaluations as requested by the Human Resources Director on behalf of
the Disability Review Committee. The Contractor’s Physician’s role is limited
to conducting medical examinations, as required, which are job-related
and based on detailed job descriptions.
2.It is the Contractor’s Physician’s responsibility to advise the City about each
individual’s functional abilities, by providing functional capacity exams
and present limitations in relation to that required in safely performing the
essential functions of the job the employee was hired to do and for
alternate job placement. Referrals must be made in a timely manner.
3.The Contractor’s Physicians shall have proper materials at meetings, such
as patient files, etc. The Contractor’s Physicians must be actively engaged
in meetings, providing medical assessments and firm recommendations.
4.Disability Review Committee meetings are scheduled once per month, in
the afternoon and may occasionally be called at other times, as
necessary.
5.The Contractor’s physician will be compensated under onsite services for
reimbursement (including travel costs) for his/her required attendance at
Disability Review Committee meetings.
6.The C
ity will make payment to the Contractor’s Physician at the rate listed
in the schedule of pricing for legal testimony, for both the time spent
actually testifying as well as the time spent waiting (at the location where
the testimony is to be given) to be called to testify. Contractor’s quoted
fee per hour is all inclusive of any and all travel costs associated with the
provision of testimony.
H.Medical Examinations of City Employees - The Contractor shall provide
medical examinations to include but not be limited to promotional, pre-
assignment, annual, executive and return to work examinations on City
employees, however such services mustbe job related and consistent with
business necessity. Such medical examinations will be used to determine if
there is any medical condition which precludes an individual from performing
the essential functions of a job with or without reasonable accommodation, or
which present an undue hardship or a direct threat to the health or safety of
the individual or others which cannot be eliminated by reasonable
accommodation. The following types of exams are to be provided under this
Agreement:
1.The Haz-mat physical exam components include: hazardous physical
exam, vision titimus, EKG (after age 40), audiogram, Chem 20, blood lead
ZPP, two-view chest x-ray and pulmonary function test.
2.Annual firefighter physical exam (required over age 40) includes:
audiogram, physical exam, CBC, two-view chest x-ray, DIP/TET, EKG, grip
strength, masterchem., pulmonary function test, UA dipstick and vision
titmus.
3.Annual police bomb re-certification physical exam includes: audiogram,
physical exam, one-view chest x-ray, EKG, PPD (Mantoux), UA dipstick and
vision titmus.
4.Civilian physical pre-placement includes: audiogram, physical exam and
DIP/TET.
5.Police physical pre-placement includes: audiogram, blood lead, two-view
chest x-ray, grip strength, DIP/TET, EKG, two-view lumbar spine x-ray, vision
titmus and physical exam.
6.Firefighter physical pre-placement includes: PPD (Mantoux), pulmonary
function test, vision titmus, EKG, DIP/TET, audiogram and physical exam.
7.The Executive physical exam includes: EKG, prostatic specific antigen,
audiogram, PPD (Mantoux), cardiac risk assessment, thyroid stimulation
hormone, CBC, pulmonary function test, Chem 20,HIV-EIA, occult blood
and physical exam.
8.Return-to-work exam – employees seen by clinic to verify clearance to
return to work with or without restrictions.
I.Physician Services – In orderto support open communication among
employees, medical service providers, department managers, the City’s Third
Party Administrator, the City’s Director of Human Resources in matters which
directly relate to the services the Physician provides to the City, the following
services will be provided by the Contractor:
1.The Contractor shall provide independent job-related medical
examinations of employees or applicants as directed by the City.
2.The Contractor shall provide legal depositions or testify at any
administrative or court hearing, to include grievances, arbitrations, court
trials, etc., related to any of the services provided by the Physician. These
services are to be billed separately.
3.The Contractor shall provide medical reports as requested to include the
following:
a)Physician’s first report of exam
b)Progress Report
c)Discharge Report
d)Consultant referral report
e)Referred doctor’s report
f)Oral reports as requested by the City of Corpus Christi
g)Work status Disposition report, including time in and time out, for each
employee or applicant visit.
.3. Documents and Invoicing.
ontractor shall complete all records as directed by the Director of
A.The C
Human Resources and be in compliance with applicable laws. Records will
be retained by the Occupational Medical Services provider for a minimum
of five years. All forms used must be approved by the Director of Human
Resources. The Director of Human Resources reserves the right to modify
any form.
ontractor shall provide storage for medical records in CONFIDENTIAL
B.The C
files in a locked cabinet or secured work area to ensure the security of the
medical information. All medical information must be treated with the same
confidentiality as required under HIPAA regulations.
C.The Contractor shall provide monthly invoices for services rendered for each
employee to be directed to the attention of the Director of Human
Resources, said services to be clearly identified as to occupational related
or non-occupational related. These services shall further be identified as pre-
placement, return-to-work, non-occupational related, etc. To provide
monthly invoicing which clearly and easily identifies dates of service,
services provided, employees or prospective employees served, charges
incurred and whether each service is occupational or non-occupational in
nature. The Proposer shall not bill the City and the City shall not pay any late
or administrative fees, penalties, charges or interest in conflict with law.
D.The Contractor shall provide utilization reports (Management Reports) on a
regular basis. An example of a utilization report might be a statistical report
which reflectsvarious demographic data pertaining to the services
provided. Invoices shall reflect services rendered and a corresponding
charge for billing and payment purposes.
SCOPE OF WORK ATTACHMENT I
DOT SPECIMEN COLLECTION PROCEDURES FOR DRUG TESTING
AND DOT ALCOHOL TESTING PROCEDURES
All defined terms used in the Drug and Alcohol Testing Services Agreement apply to
this Attachment I. Additional terms are defined herein. Each Collector and Breath
Alcohol Technician (“BAT”) is a Contractor/Service Provider's Agent.
ntractor/Service Provider must comply with the Federal, State and local laws
Co
regarding Alcohol or Drug Test Procedures whether or not cited within.
Contractor/Service Provider must provide a Specimen Collector (Collector) and
Collection Facility (Facility) that complies with accessibility requirements of Title III of
The Americans With Disabilities Act (ADA) that must be available, upon pager
notification, 24-hours a day, 7 days a week, including weekends and holidays for
alcohol and drug testing Donors with specimen collection to be performed by
qualified Contractor/Service Provider's Agent at a designated Contractor/Service
Provider’s facility, City Facility or as otherwise specified to the Contractor/Service
Provider in writing by the Director of Human Resources (“Director”).
The Collector will follow this procedure for each individual specimen collected for
DOT drug testing or alcohol testing performed for the City of Corpus Christi (City)
using an Evidentiary Breath Testing Device (EBT). It is the intent of the City that the
collection procedures for all drug and alcohol testing of Donors be consistent with
and of the same level of precision required for the federally approved procedures
for workplace drug and alcohol testing programs, 40.61 CFR 40, Procedures For
Transportation Workplace Drug and Alcohol Testing Programs). If problems arise
during a specific collection, the Collector may ask the Donor to wait while the City's
Director is contacted for a decision on the situation. If Donor refuses to wait, City's
Director must be notified immediately.
The Collector is responsible for maintaining the integrity of the specimen collection
and transfer process and/or of the alcohol test and for carefully ensuring the modesty
and privacy of each Donor. The Collector must avoid any conduct or remarks, which
could be construed as accusatorial or otherwise offensive or inappropriate. Strict
custody-and-control procedures for drug tests must be followed from pre-collection
through shipment to the laboratory.
Each Collector shall have successfully completed training to carry out specimen
collections for drug testing following DOT regulations as cited, or shall be a licensed
medical professional, or licensed technician, who is provided instructions for
collection which comply with DOT regulations under 49 CFR 40. The BAT shall be
trained to proficiency in the operation of the EBTs being used for initial and
confirmation breath alcohol testing and in the alcohol testing procedures of 49 CFR
40.
achment I may be revised as required to meet revisions to 49 CFR 40, Procedures
Att
For Transportation Workplace Drug and Alcohol Testing Programs, and/or other
revisions to DOT regulations, which apply to City applicants and employees. If
revisions are made, the new Attachment I becomes effective upon the Human
Resources Director filing it with the City Secretary and giving notice to the Collector.
I.DRUG TESTING PROCEDURES:
A.REQUIREMENTS OF COLLECTION SITE FOR DRUG TESTING:
1.The Facility must contain an enclosure within which private urination can
occur, a toilet for completion of urination, a suitable clean surface for
writing, and a source of water for washing hands. The Facility must allow
for the Collector to wait outside the restroom door to monitor, not
observe the collection.
2.The Collector actually monitoring the collection of a urine specimen
must, in all cases, be of the same gender as the Donor providing the
specimen. If using a public restroom, the Collector is to remain in the
restroom, but outside the stall, until the specimen is collected and must
be of the same sex as the Donor providing the specimen.
3.If the Facility cannot be dedicated solely to drug testing, the portion
used for testing must be secured during drug testing by ensuring other
persons are not present, ensuring that there is no undetected access
through any other doors, and posting signs restricting access to
authorized personnel during the entire collection process.
4.The Facility must be clean, well-lit and secured as defined herein.
5.The Facility must have all required materials, personnel, and supervision
required to provide drug testing in compliance with Federal Drug Testing
Custody and Control procedures and to have available one male and
one female Collector for monitoring collections. Forms (particularly the
Chain-of-Custody (CCF)) used for the collection process must comply
with requirements of the Department of Transportation, 49 CFR 40, as
they may be amended, for Donors tested under DOT regulations.
B.FAILURE OF DONOR TO REPORT FOR DRUG TESTING AS SCHEDULED
the Donor does not report at the assigned time for drug testing, the
If
Collector must contact the Director within thirty (30) minutes, if during a
work day, 8a.m. – 6 p.m. on weekdays or at the beginning of the next
work-day, if after hours, or on the weekend, to obtain guidance on the
action to be taken.
C.COLLECTION PROCEDURES
PREPARATION OF THE COLLECTION SITE PRIOR TO THE PRESENCE OF THE
DONOR MUST INCLUDE: ADDING BLUING AGENTS IN TOILET TANKS AND
BOWLS SO THAT THE WATER REMAINS BLUE; TAPING OFF OTHER SOURCES
OF WATER, OR IF THE COLLECTION IS TAKING PLACE IN A RESTROOM WITH
ONE OR MORE STALLS, THE COLLECTOR (OF SAME SEX OF DONOR) WILL
MONITOR TO ENSURE SUCH WATER SOURCE IS NOT USED FOR DILUTING
THE SPECIMEN.
D.SPECIMEN COLLECTION PROCEDURE
THE CITY OF CORPUS CHRISTI HAS ELECTED TO USE A "SPLIT SAMPLE"
METHOD OF COLLECTION FOR ALL DRUG TESTS CONDUCTED FOR
COVERED DOT CITY EMPLOYEES. The use of the word "specimen" in this
procedure is defined as split specimen unless otherwise designated.
The following procedure is to be followed in each split specimen collection:
1.Positively identify the Donor as the person selected for testing. Ask
Donor for a photo I.D. which can be an identification badge with
photo, Driver's License with photo, or if no photo identification is
available, positive identification by a City official. If identification
cannot be established, the Collector shall not proceed with the
collection.
2.Explain the collection procedure to the Donor. The collection is to
be done as a 5-panel DOT collection (covering marijuana,
cocaine, opiates, amphetamines and phencyclidine) as
authorized by DOT regulations and City Policy.
3.The Donor must NOT be required to provide a list of any prescription
or over-the-counter drugs, but may do so for his/her own
information as a "memory jogger" for his/her own use only.
4.The Donor will remove any unnecessary outer garments, such as
coat, jacket, hat, etc. which could be used to tamper with or
adulterate the Donor’s specimen. The collector shall ensure that all
personal belongings, such as purse or briefcase, remain with the
removed outer garments. The Donor may retain his/her wallet. If
the Donor requests, the Collector shall provide the Donor with a
receipt for any personal belongings.
5.Donor is to wash his/her hands prior to urination in view of the
Collector prior to the collection, and is to remain in the presence of
the Collector without access to any water fountain, faucet, soap
dispenser, cleaning agent or any other materials, which could be
used to adulterate the Specimen.
6.The Donor may provide his/her Specimen in the privacy of a stall or
otherwise partitioned area that allows for individual privacy. The
Collector shall provide the specimen container for this purpose
which is suitable for the gender of the Donor.
7.The collection kit is to be opened in front of the Donor by the
Collector. The Donor shall urinate into a collection container or a
specimen bottle capable of holding at least 60 milliliters. If a
collection container is used, the Collector, in the presence of the
Donor, shall pour the urine into two specimen bottles. Thirty-(30) ml
shall be poured into one bottle, to be used as the Primary
Specimen. Fifteen-(15) ml shall be poured into the other bottle, to
be used as the Split Specimen. If a single specimen bottle is used
as a collection container, the Collector shall pour 30 milliliter of urine
from the specimen bottle into a second specimen bottle to be used
as the Primary Specimen and retain the remainder of at least 15
milliliters in the collection bottle to be used as the Split Specimen.
Both bottles shall be shipped in a single shipping container,
together with copies of the CCF, to the laboratory.
8.The Collector shall note any unusual behavior by the Donor or
unusual appearance of the urine on the CCF, including but not
limited to, e.g. color, odor, and temperature.
9.Upon collecting the Specimen, the Collector will determine if the
container contains at least 45 milliliters of urine. If the Donor is
unable to provide 45 milliliters of urine, the Collector shall direct the
Donor to drink fluids and, after a reasonable period of time, attempt
to provide a Specimen using a fresh specimen bottle and collection
kit. The original specimen is to be discarded.
If the Donor is still unable to give a 45-milliliter Specimen, the
following rules will apply:
he case of post-accident or reasonable cause drug testing (as
10. In t
defined by DOT regulations), the Donor shall remain at the Facility
and continue to consume reasonable quantities of fluids until the
Specimen has been provided, or until the expiration of a period of
up to 8 hours from the beginning of the collection procedure.
he case of a pre-employment test or random test, or other test
11. In t
which is not for cause, (as defined by DOT regulations and City
Policy), the City's Director shall be notified when the Donor is unable
to provide 45 milliliters of urine after several hours, andthe Director
shall elect either to follow item j. above or to discontinue the
collection and conduct a subsequent collection at a later time.
12. If the Donor cannot provide a complete Specimen within the 8-hour
period or at the subsequent collection, as applicable, then the
Contractor/Service Provider's MRO shall refer the Donor for a
medical evaluation to develop pertinent information concerning
whether the Donor's inability to provide a Specimen is genuine or
constitutes a refusal to provide a Specimen. The MRO shall report
his/her conclusions in writing to the Director.
13. After the Specimen has been provided and submitted to the
Collector, the Donor will be allowed to wash his/her hands. At this
point, the tape may be removed from sink faucets and the
commode may be flushed. With the Specimen in the presence of
both the Donor and Collector, they may then proceed to another
appropriate area to continue this procedure.
14.Immediately after the Specimen has been provided and submitted
to the Collector, and in the presence of the Donor, the Collector
shall measure the temperature of the Specimen within a maximum
time of 4 minutes from the time of urination, and inspect the
Specimen to determine if its color and look indicates any signs of
contaminants. Any unusual findings must be noted on the CCF.
A specimen temperature outside the range of 32.5-37.7 degrees
Centigrade, or 90.5-99.8 degree Fahrenheit, constitutes a reason to
believe that the Donor has altered or substituted the specimen. In
such cases, the Donor supplying the Specimen may volunteer to
have his or her oral temperature taken to provide evidence to
counter the suspicion of Donor alteration or substitution of the
Specimen.
All specimens suspected of being adulterated at the time of
collection must be forwarded to the laboratory for testing.
15. Whenever there is reason to believe that a particular Donor has
altered or substituted the Specimen, then the collector shall
proceed as required under Section E, "Direct Observation".
16.Both the Donor andthe Collector shall keep the Specimen in view
at all times prior to the Specimen being sealed with a tamper proof
seal and labeled. Both parties are to remain in the presence of the
Specimen while the Collector places an identification label which
contains the date, the Donor's Specimen number, and any other
identifying information provided.
17. In the presence of both parties, the Donor shall initial the
identification label on the Specimen bottle for the purpose of
certifying that it is the Specimen collected from him/her.
18. The Collector shall enter on the chain-of-custody form all
information identifying the Specimen. The Collector shall sign the
CCF certifying that the collection was accomplished according to
all applicable Federal requirements.
19. The Donor will be asked to read and sign a statement on the drug
CCF Specimen that he/she will be provided.
20. The Donor must sign the CCF, which authorizes the collection of the
Specimen, analysis of the Specimen for designated controlled
substances, and release of the results to the Director.
21.The Collector shall complete the custody-and-control portion of the
CCF to indicate receipt of the Specimen from the Donor and shall
certify proper completion of the collection. The Donor may now
leave.
22. The urine Specimen and CCF are now ready for shipment. If the
Specimen is not immediately prepared for shipment, the Collector
shall ensure that it is appropriately safeguarded during temporary
storage.
23. While any part of the custody-and-control procedures are being
performed, it is essential that the urine Specimen and custody
documents be under the control of the involved Collector. If the
involved Collector leaves his/her workstation momentarily, he/she
shall take the Specimen and CCF with him/her, or shall secure them.
After the Collector returns to the workstation, the custody process
will continue. If the Collector is leaving for an extended period of
time, he/she will package the specimen for mailing before leaving
the Facility.
24. The Collector shall not leave the Facility in the interval between
presentation of the Specimen by the Donor and securing the
Specimen. The Specimen is secured by placing an identifying label
on it, which contains the Donor's Specimen identification number
(as shown on the Chain-Of-Custody Form) , attaching the tamper-
proof seal, and obtaining the Donor's initials on the seal. If it
becomes necessary for the Collector to leave the Facility during this
interval, the collection shall be nullified and, upon direction of the
Director, a new collection begun.
E.DIRECT OBSERVATION
Sp
ecimen collected, which is suspected of adulteration, must be
forwarded to the laboratory for testing with the Collector documenting
on the CCF his/her observations.
The Director for covered DOT donors mayauthorize direct observation
of a second specimen collection by a Collector of the same gender
when the following conditions exist:
1.When the temperature (which must be taken within a maximum of 4
minutes) falls outside a temperature range of 90.5 – 99.8 degrees
Fahrenheit, or 32.5-37.7 degrees Centigrade.
2.If the specimen has a specific gravity of less than 1.003 and a
creatinine concentration of less than 20 mg/dl and the specific
gravity is less than or equal to 1.001 or greater than or equal to 1.020.
3.If the Collector suspects that the specimen has been tampered with
in any way, another specimen must be obtained before the Donor is
allowed to leave. The Director must be informed within thirty-(30)
minutes of the refusal if during normal workday, or at the beginning
of the next work day if after hours, during a weekend or holiday, if the
Donor refuses to give another specimen.
F.TRANSPORTATION TO LABORATORY
The Collector shall arrange to ship the Split Specimen to a laboratory
certified by the Substance Abuse and Mental Health Services
Administration (S.A.M.H.S.A.) and accredited by the College of
American Pathologists -Forensic Drug Testing program. The Split
Specimen must be placed in a shipping container designed to minimize
the possibility of damage during shipment and the Split Specimen copy
of the CCF. The shipping container must be securely sealed to
eliminate the possibility of undetected tampering during transportation.
On the tape sealing the shipping container, the Collector shall ensure
that the CCF is attached or enclosed in each container sealed for
shipment to the testing laboratory.
G.FAILURE OF DONOR TO COOPERATE
If the Donor refuses to cooperate with the collection process, the
Collector shall inform the Director within thirty (30) minutes if a work day
or at the beginning of the next day if after hours and shall document
the non-cooperative behaviors on the CCF.
H.DONORS REQUIRING MEDICAL ATTENTION
If the Specimen is being collected from a Donor in need of medical
attention (e.g. as part of a post-accident test given in a clinic or
emergency medical facility), necessary medical attention must NOT be
delayed in order to collect a Specimen.
I.USE OF CHAIN-OF-CUSTODY FORMS (CCF)
A CCF must be used for maintaining control and accountability of each
Specimen from the point of collection to final disposition of the
Specimen. The date and purpose must be documented on the CCF
each time a Specimen is handled or transferred and every person in
the chain must be identified in writing on the CCF. Every effort must be
made to minimize the number of persons handling Specimens.
J.RECORDS MAINTENANCE AND DISCLOSURE OF RECORDS
The following information must be collected and provided to the City
Part 199 and another for those tested under Part 382. These reports must
contain the following information: the number of Donors who refused
to submit to a controlled substances test; the number of DOT urine
specimens collected by type of test (e.g. pre-employment, random,
reasonable suspicion, post-accident); and the number of Donors with
positive test results, with the positive test results further broken out to
indicate positives by type of test and type of drug.
One copy of each collection form completed for DOT drug testing must
be forwarded to the Director within one workday.
K.RECORD MAINTENANCE
ords related to services provided under this Agreement must be
Rec
maintained for five (5) years after termination or expiration of this
Agreement.
II.DOT-MANDATED ALCOHOL TESTING
A.DEVICES TO BE USED FOR BREATH ALCOHOL TESTS:
For breath alcohol screening and confirmation tests, Collector shall use
Evidentiary Breath Testing Devices (EBTs) which meet the requirements
of 49 CFR 40, as follows:
EBTs must (1) have the capability of providing, independently, or by
direct link to a separate printer, a printed result in triplicate (or three
consecutive identical copies) of each breath test; (2) be capable of
assigning a unique and sequential number to each completed test,
printing that number on each copy of the test results, and the number
being available for viewing by the Breath Alcohol Technician (BAT) and
the Donor prior to the test being conducted; (3) be capable of printing
out, on each copy of the result, the manufacturer's name for the device,
the device serial number and the date and time of the test; (4) be able
to distinguish alcohol from acetone at the 0.02 alcohol concentration
level; (5) be capable of testing an air blank prior to the collection of
breath and performing an external calibration check; (6) be listed on
the NHTSA’s "Conforming Products List of Calibrating Units for Breath
Alcohol Tests."
B.QUALITY ASSURANCE PLANS FOR EBTs
EBTs used in either screening or confirmation alcohol testing must have
a Quality Assurance Plan (QAP) developed by the manufacturer and
maintained by the Collector which meets the requirements of 49 CFR 40
and which provides for the following:
1.The QAP must designate the method or methods to be used in
performing external calibration checks of the device.
2.The QAP must specify the minimum intervals for performing external
calibration checks of the device. Intervals must be specified for
different frequencies of use, environmental conditions, such as
temperature, altitude, humidity, and contexts of operation. In
addition, the City requires that Collector must immediately perform
an official calibration check following each confirmed positive
alcohol test by a Donor.
3.The QAP must specify the tolerances on an external calibration
check within which the EBT is regarded to be in proper calibration.
4.The QAP must specify inspection, maintenance, and calibration
requirements and intervals for the device.
5.The QAP must have been submitted to NHTSA for review and have
received NHTSA approval of the Plan.
The Collector must comply with the NHTSA approved QAP for each EBT
it uses for Alcohol screening or confirmation testing subject to this
Agreement. The Collector must ensure that external calibration checks
of each EBT are performed as provided in the QAP and upon obtaining
a confirmed positive test result on a City Donor. The Collector must take
an EBT out of service if any external calibration check results in a reading
outside the tolerances for the EBT set forth in the QAP and shall not use
the EBT for alcohol testing under this Agreement until it has been
serviced and has had an external calibration check resulting in a
reading within the tolerances for the EBT. The Collector must ensure that
inspection, maintenance, and calibration of each EBT are performed by
the manufacturer or a maintenance representative certified by the
device's manufacturer or a state health agency or other appropriate
state agency. The Collector shall ensure that each BAT, or other
individual who performs an external calibration check of an EBT used for
alcohol testing subject to this Agreement, has demonstrated proficiency
in conducting such a check of the model EBT checked. The Collector
shall maintain records of the external calibration checks of EBTs as
provided in 49 CFR 40 and of calibration checks required by the City
upon a confirmed positive test result on a Donor. The Collector, when
not using the EBT at an alcohol testing facility, shall store the EBT in a
secure location.
C.THE BREATH ALCOHOL TESTING FORM REQUIREMENTS
The Collector shall use the Alcohol Testing Form provided in the DOT
Regulations, 49 CFR 40, or may use a form directly generated by an EBT
which includes all aspects of the form except that the EBT form may omit
the space for affixing a separate printed result to the form.
D.QUALIFICATIONS OF THE BREATH ALCOHOL TECHNICIAN
The Breath Alcohol Technician (BAT) must be trained to proficiency in
the operation of the EBT to be used and in the alcohol testing
procedures of 49 CFR 40. Proficiency must be demonstrated by
successful completion of a course of instruction which, at a minimum,
provides training in the principles of EBT methodology, operation, and
calibration checks; the fundamentals of calibration checks; the
fundamentals of breath analysis for alcohol content; and the
procedures required in 49 CFR 40 for obtaining a breath sample and
interpreting and recording EBT results. Any BAT who performs external
calibration checks of an EBT must be trained to proficiency in
conducting the check on the particular model of EBT the Collector uses,
which includes practical experience and demonstrated competence
in preparing the breath alcohol simulator or alcohol standard, and in
maintenance and calibration of that EBT. The Collector will document
the qualifications of each BAT it uses to test Donors and maintain the
documentation as provided in 49 CFR 40.
E.LOCATION FOR BREATH ALCOHOL TESTING
hol testing must be conducted in a location which affords visual
Alco
and aural privacy to the Donor being tested so that unauthorized
persons cannot see or hear test results. All necessary equipment,
personnel, and materials for breath testing must be provided at the
location where testing is conducted.
The BAT shall supervise only one Donor's use of the EBT at a time and shall
not leave the testing location while the testing procedure for a given
Donor is in progress.
F.PREPARATION FOR BREATH ALCOHOL TESTING
The Donor to be tested will be required to provide positive identification
through the use of a photo I.D. card or by identification by a City
representative. The BAT shall provide positive identification to the Donor
and shall explain the testing procedure to the Donor.
G.PROCEDURE FOR SCREENING TESTS
The BAT must complete Step 1 on the Alcohol Testing Form and the
Donor must complete Step 2 on the form and sign the certification.
Refusal of the Donor to sign the certification in Step 2 will be regarded
as a refusal to take the test.
An individually sealed mouthpiece must be opened in view of the Donor
and BAT and attached to the EBT in accordance with the
manufacturer's instructions. The BAT shall instruct the Donor to blow
forcefully into the mouthpiece for at least 6 seconds or until the EBT
indicates that an adequate amount of breath has been obtained. The
BAT will show the Donor the result of the screening test. In a case in
which the result of the screening test is a breath alcohol concentration
of less than 0.02, the BAT shall date the form and sign the certification in
Step 3 of the form and the Donor shall date the certification and sign it
in Step 4 of the form. If the Donor does not sign the certification in Step
4 of the form, it will not be considered a refusal to be tested. In this event,
the BAT shall note the Donor's failure to sign or initial in the "Remarks"
section of the form.
If a test result printed by the EBT does not match the displayed result, the
BAT shall note the discrepancy in the remark section and both the Donor
and the BAT shall initial or sign the notation. In accordance with 49 CFR
40, the test is invalid and the Donor and the Director shall be so advised.
No further testing is authorized. The BAT shall transmit the result of less
than 0.02 to the Director in a confidential manner, which is approved by
the Director.
If the result of the screening test is an alcohol concentration of 0.02 or
greater, a confirmation test shall be performed as provided in 49 CFR 40.
The BAT who conducted the screening test shall complete and sign the
form and provide the Donor with Copy 2 of the form.
H.CONFIRMATION TESTS
If a BAT other than the one who conducted the screening test is
conducting the confirmation test, the new BAT shall follow 49 CFR 40,
Procedures for Confirmation Tests, and will initiate a new Alcohol Testing
Form for the confirmation test. Refusal by the Donor to sign this
certification in Step 2 will be regarded as a refusal to take the test. An
individually sealed mouthpiece must be opened in view of the Donor
and the BAT and attached to the EBT in accordance with the
manufacturer's instructions.
The BAT shall instruct the Donor to blow forcefully into the mouthpiece
for at least 6 seconds or until the EBT indicates that an adequate
amount of breath has been obtained. Before the confirmation test is
administered, the BAT shall ensure that the EBT registers 0.00 on an air
blank. If the reading is greater than 0.00, the BAT shall conduct one
more air blank. If that reading is greater than 0.00, testing shall not
proceed using that EBT, but the test may proceed using another EBT.
Any EBT taken out of service because of failure to perform an air blank
accurately must not be used for testing until a check of external
calibration is conducted and the EBT is found to be within tolerance
limits.
The BAT shall instruct the Donor not to eat, drink, and put any object or
substance in his/her mouth and, to the extent possible, not belch during
a waiting period before the confirmation test. The waiting period
begins with the completion of the initial screening test, and must not be
less than 15 minutes or more than 30 minutes after the completion of the
initial screening test.
In the event the confirmation test results and the screening test results
are not the same, the confirmation test result is deemed by DOT rules to
be the final result upon which any personnel action is taken.
The BAT shall show the Donor the result displayed on the EBT and the
test result printed on the Form. Following the completion of the test, the
BAT shall date the form and sign the certification in Step 3 of the Form,
and the Donor shall sign the certification and fill in Step 4 of the Form. If
the Donor does not sign the certification in Step 4 of the form, it shall not
be considered a refusal to be tested because the Donor signed Step 2.
In this event, the BAT shall then note the Donor's failure to sign or initial
in the "Remarks" section of the form.
If the confirmation test result printed does not match the display on the
EBT, the BAT shall note the discrepancy in the remark section, the BAT
and Donor shall initial or sign the notation. In accordance with 49 CFR
40, the test is invalid and the Director and Donor shall be advised within
30 minutes of the completion of the test, if during a workday or, at the
beginning of the next workday, if after hours.
The BAT shall transmit all results to the Director in a confidential manner
in writing, in person, by telephone or electronic means, but the BAT shall
ensure immediate transmission to the Director all alcohol test results that
require the City to prevent the Donor from performing a safety-sensitive
function. Regardless of how the results are transmitted, the Director
shall receive a copy of Forms documenting the results of the tests.
I.REFUSALS TO TEST AND UNCOMPLETED TESTS
Any refusal by a Donor to complete and sign the Breath Alcohol Testing
Form (Step 2), to provide breath, to provide an adequate amount of
breath, or otherwise to fail to cooperate with the testing process which
prevents the completion of the test, must be documented by the BAT in
the remarks section of the form and the Director shall be notified
immediately. If a screening or confirmation test cannot be completed,
or if an event occurs that would invalidate the test, the BAT shall, begin
a new screening or confirmation test, as applicable, using a new breath
alcohol testing form with a new sequential test number.
J.EMPLOYEES INABILITY TO PROVIDE AN ADEQUATE AMOUNT OF BREATH
Whenever a Donor is unable, or alleges that he/she is unable, to provide
an amount of breath sufficient to permit a valid breath test because of
a medical condition, the following procedure must be used:
1.The BAT shall instruct the Donor to attempt to provide an adequate
amount of breath. If the Donor refuses to try, the BAT shall
immediately inform the Director;
2.If the Donor attempts and fails to provide an adequate amount of
breath, the BAT shall note it in the remarks section of the alcohol
testing form and immediately inform the Director;
3.Within 5 days of being informed, the Director shall direct the Donor to
obtain an evaluation from the City-designated Physician concerning
the Donor's medical ability to provide an adequate amount of
breath. If the City's designated Physician finds, with a high degree of
probability, that the Donor has a medical conditionwhich could
have precluded the Donor from providing an adequate amount of
breath, the Donor's failure to provide an adequate amount of breath
will not be deemed a refusal to take a test. The City's designated
physician shall provide the Director with a written statement of his/her
conclusions. The City’s designated physician must not include in the
signed statement any detailed information of the employee’s
medical condition other than what is necessary to explain his/her
conclusion. If the City's designated Physician cannot make such a
determination, the Donor's failure to provide an adequate amount
of breath will be regarded as a refusal to take a test and the City's
designated Physician will provide the Director with a written
statement of the basis for his/her conclusion. Upon receipt of the
physician’s statement, the Human Resources Director will notify the
employee and take appropriate action under the City Policies.
K.INVALID TESTS
The City of Corpus Christi requires calibration checks immediately after and
on the same date that a result of 0.02 or above is obtained on the EBT.
A breath alcohol test is invalid under the following circumstances:
1.The external calibration check of an EBT prior to testing Donor produces a
result that differs by more than the tolerance stated in the Quality
Assurance Plan (QAP) from the known value of the test standard. In this
event, every Donor's test result of 0.02 or above obtained on the EBT since
the last valid external calibration check is invalid.
2.The BAT does not observe the minimum 15-minute waiting period
between the initial screening and the confirmation test, as required by
DOT regulations.
3.The BAT does not perform an air blank of the EBT before a confirmation
test, or an air blank does not result in a reading of 0.00 prior to or after the
administration of the test, as provided in the DOT regulations.
4.The BAT does not sign the form as required by DOT regulations.
5.The BAT has failed to note in the remarks section of the form that the Donor
has failed, or refused to sign the form following the recording, or printing
on, or Attachment to the form of the test result.
6.An EB
T fails to print a confirmation test result.
7.On a confirmation test and, where applicable, on a screening test, the
sequential test number or alcohol concentration displayed on the EBT is
not the same as the sequential test number or alcohol concentration on
the printed result.
L.AVAILABILITY AND DISCLOSURE OF ALCOHOL TESTING INFORMATION
ABOUT INDIVIDUAL EMPLOYEES
A Donor subject to alcohol testing is entitled, upon written request, to obtain
copies of any records pertaining to the Donor's use of alcohol, including any
records pertaining to his/her alcohol tests. The Director shall promptly
provide the requested records and shall not make such records subject to
payment.
The Director shall make records available to a subsequent employer of the
Donor upon receipt of Donor's written request. Disclosure by the subsequent
employer is permitted only as expressly authorized by the terms of the
Donor's written request.
The Director may disclose information required to be maintained under DOT
alcohol testing regulations pertaining to a Donor or to the decision-maker in
a lawsuit, grievance, or other proceeding initiated by, or on behalf of, the
Donor and arising from the results of an alcohol test administered under the
requirements of DOT regulations. This includes, but is not limited to, worker's
compensation, unemployment compensation, or other proceeding relating
to a benefit sought by the Donor.
irector shall release information regarding a Donor's records as
The D
directed by the specific, written consent of the Donor authorizing release of
the information to an identified person. Release of such information is
permitted only in accordance with the terms of the Donor's consent.
RECORDS
M.RECORDS RETENTION, MAINTENANCE AND DISCLOSURE OF
CONCERNING EBTs AND BATs
The City and the Collector, as its agent, shall maintain the following records
for five (5) years after termination or expiration of this Agreement:
1.Records of the inspection and maintenance of each EBT used in Donor
testing;
2.Do
cumentation of the Collector's compliance with the QAP for each EBT
it uses for alcohol testing under DOT regulations;
3.Records of the training and proficiency testing of each BAT used in Donor
testing
The City and the Collector, as its agent, shall maintain records which pertain
to the calibration of each EBT used in alcohol testing under DOT regulations,
including records of the results of external calibration checks for five (5)
years after termination or expiration of this Agreement.
Records required to be maintained must be disclosed as indicated
elsewhere in this procedure.
Statistical data, of alcohol testing must be separately reported annually on
the results of alcohol testing which met the requirements of all other
applicable parts of Title 49 of the Code of Federal Regulation, which
includes but is not limited to the following informational elements:
1.Number of DOT screening alcohol tests by type of test broken out
separately by drivers and other DOT employees;
2.Number of confirmation alcohol tests indicating an alcohol concentration
of 0.02 or greater but less than 0.04 by type of test broken out separately
by Drivers and other DOT employees;
3.Number of confirmation alcohol tests indicating an alcohol concentration
of 0.04 or greater by type of test broken out separately by Drivers and
other DOT employees;
4.Number of Donors who refused to submit to a DOT alcohol test broken
out separately by Drivers and other DOT employees.
One copy of each collection form completed for DOT alcohol and drug
testing must be forwarded to the Director within one workday of the day
tested.
SCOPE OF WORK ATTACHMENT II
CITY-WIDE
NON-DOT SPECIMEN COLLECTION PROCEDURES
FOR CITY-WIDE DRUG TESTING
All defined terms used in the Drug and Alcohol Testing services Agreement apply to
this Attachment II. Additional terms are defined herein. Each Collector and BAT is the
Contractor/Service Provider's Agent.
The Contractor/Service Provider must provide a specimen collector (Collector) and
collection facility (Facility) that complies with accessibility requirements of Title III of
The Americans With Disabilities Act (ADA) that must be available, upon pager
notification, 24-hours a day, 7 days a week including weekends and holidays for drug
and alcohol testing of Donors with specimen collection to be performed by qualified
Contractor/Service Provider's Agent at a designated City Facility, or
Contractor/Service Provider’s Facility, or as otherwise specified to the Collector in
writing by the Director.
The Collector will follow this procedure for each individual specimen collection for
non-DOT drug testing performed for the City of Corpus Christi (City). It is the intent of
the City that the collection procedures for all drug testing of Donors be consistent with
and of the same level of precision required for the federally approved procedures for
workplace drug testing programs as embodied by, Section 49 CFR 40, except that a
SAP10 (Substance Abuse Panel) split specimen will be used and breath alcohol tests
may be performed upon request. If problems arise during a specific collection,
Collector must ask the Donor to wait while the City's Director is contacted for a
decision.
The Collector is responsible for maintaining the integrity of specimen collection and
transfer process and for carefully ensuring the modesty and privacy of each Donor.
The Collector must avoid any conduct or remarks, which could be construed as
accusatorial or otherwise offensive or inappropriate. Strict Custody and Control
procedures must be followed from pre-collection through shipment to the laboratory.
Each Collector shall have successfully completed training to carry out this function, or
shall be a licensed medical professional or licensed technician, who is provided
instructions for collection in compliance with this procedure which is patterned after
the federal DOT program.
Attachment II may be revised as required to incorporate revisions to City Policies,
which impact this procedure.
A.REQUIREMENTS OF COLLECTION FACILITY
acility must contain an enclosure within which private urination can
1.The F
occur, a toilet for completion of urination, a suitable clean surface for
writing, and a source of water for washing hands. The Facility must allow for
the Collector to wait outside the restroom doorto monitor, not observe the
collection.
2.The Collector actually monitoring the collection of a urine specimen must,
in all cases, be of the same gender as the Donor providing the specimen. If
using a public restroom, the Collector is to remain in the restroom, but
outside the stall, until the specimen is collected and must be of the same sex
as the Donor providing the specimen.
3.If the Facility cannot be dedicated solely to drug testing, the portion used
for testing must be secured during drug testing by ensuring other persons are
not present, ensuring that there is no undetected access through any other
doors, and posting signs restricting access to authorized personnel during
the entire collection process.
4.The Facility must be clean, well-lit and secured as defined in this procedure.
5.The Facility must have all required materials, personnel and supervision
required to provide valid Custody and Control procedures and to have
available one male and one female Collector for monitoring collections.
Forms used for the collection process must be comparable with Custody
and Control requirements of the Department of Transportation as embodied
in 49 CFR 40, as they may be amended, for Donors tested under DOT
regulations for a 5 Panel.
B.DIRECT OBSERVATION:
All specimens collected which are suspected of adulteration, must be
forwarded to the laboratory for testing with the Collector documenting his/her
observations on the Chain-of-Custody Form (CCF).
Direct observation of a second specimen collection by a Collector of the
same gender may be authorized by the Director for covered Non-DOT Donors
when the following conditions exist:
1.When the temperature (which must be taken within a maximum of 4-
minutes) falls outside a temperature range of 90.5- 99.8 degrees Fahrenheit,
or 32.5-37.7 degrees Centigrade.
2.If the Specimen has a specific gravity of less than 1.003 and a creatinine
concentration below .2g/L.
3.If the Collector suspects that the specimen has been tampered with in any
way, another specimen must be obtained before the Donor is allowed to
leave. The Director must be informed within thirty (30) minutes of the refusal
if during the normal workday, or at the beginning of the next work day if
after hours, during weekends or holidays if the donor refuses to give another
specimen.
4.If the Donor is providing a specimen based on a previous positive drug
screen done under City Policy and is now submitting a specimen for follow-
up or return-to-work testing.
C.FAILURE OF DONOR TO REPORT FOR DRUG TESTING AS
SCHEDULED
If the Donor does not report at the assigned time for drug testing, the Collector
will contact the Director within 30 minutes if during a workday or at the
beginning of the next workday if after hours to obtain guidance on the action
to be taken.
D.COLLECTION PROCEDURES
PREPARATION OF THE COLLECTION FACILITY PRIOR TO THE PRESENCE OF THE
DONOR MUST INCLUDE: ADDING BLUING AGENTS IN TOILET TANKS AND BOWLS
SO THAT THE WATER REMAINS BLUE; TAPING OFF OTHER SOURCES OF WATER, OR
IF THE COLLECTION IS TAKING PLACE IN A RESTROOM WITH ONE OR MORE
STALLS, THE COLLECTOR (OF SAME SEX OF DONOR) WILL MONITOR TO ENSURE
SUCH WATER SOURCE IS NOT USED FOR DILUTING THE SPECIMEN.
E.SPECIMEN COLLECTION PROCEDURE
THE CITY OF CORPUS CHRISTIHAS ELECTED TO USE A "SPLIT SAMPLE" METHOD OF
COLLECTION FOR ALL DRUG TESTS CONDUCTED FOR COVERED NON-DOT CITY
EMPLOYEES. The use of the word specimen in this procedure is defined as split
specimen unless otherwise designated. The following procedure is to be
followed in each split specimen collection:
1.Positively identify the Donor as the person selected for testing. Ask Donor
for a photo I.D. which can be an identification badge with photo, Driver's
License with photo, or if no photo identification is available, positive
identification by a City official. If identification cannot be established, the
Collector shall not proceed with the collection.
2.Explain the collection procedure to the Donor. Confirm that the drug test
is to be a substance Abuse 10 Panel (SAP 10) test (as defined in Attachment
V), and check on the CCF for the type of test, e.g. pre-employment,
random, etc. as authorized by City Policy.
onor must NOT be required to provide a list of any prescription or over-
3.The D
the-counter drugs, but may do so for his/her own information as a "memory
jogger" for his/her own use only.
4.The Donor must remove any unnecessary outer garments, such as a coat,
jacket, hat, etc. which could be used to tamper with or adulterate the
Donor's urine specimen. The Collector shall ensure that all personal
belongings, such as a purse or briefcase, remain with the outer garments.
The Donor may retain his/her wallet. If the Donor requests it, the Collector
shall provide the Donor with a receipt for any personal belongings.
5.The Donor is to wash hands prior to urination in view of Collector prior to the
collection, and is to remain in the presence of the Collector without access
to any water fountain, faucet, soap dispenser, cleaning agent or any other
materials, which could be used to adulterate the Specimen.
6.The Donor may provide his/her Specimen in the privacy of a stall or
otherwise partitioned area that allows for individual privacy. The Collector
shall provide the collection container for this purpose which is suitable for
the gender of the Donor.
7.The Specimen collection kit is to be opened in front of the Donor by the
Collector. The Donor shall urinate into a collection container or a specimen
bottle capable of holding at least 60 milliliters. If a collection container is
used, the Collector in the presence of the Donor, shall pour the urine into
two specimen bottles. Thirty-(30) ml shall be poured into one bottle, to be
used as the Primary Specimen. At least 15 milliliters shall be poured into the
other bottle, to be used as the Split Specimen. If a single specimen bottle
is used as a collection container, the Collector shall pour 30 milliliter of urine
from the specimen bottle into a second specimen bottle to be used as the
Primary Specimen and retain the remainder of at least 15 milliliters in the
collection bottle to be used as the Split Specimen. Both bottles shall be
shipped in a single shipping container, together with copies 1, 2 and the
split specimen copy of the CCF, to the laboratory.
8.The Collector shall note any unusual behavior by the Donor or unusual
appearance of the urine on the CCF, e.g. color, odor, and temperature.
9.Upon collecting the Specimen, the Collector will determine if the container
contains at least 60 milliliters of urine, the Collector shall direct the Donor to
drink fluids and after a reasonable period of time, attempt to provide a
Specimen using a fresh specimen bottle and collection kit. The original
collection Specimen is to be discarded. If the Donor is still unable to give a
45-milliliter Specimen, the following rules apply:
he case of a post-accident or reasonable cause (as defined by DOT
In t
regulations) or post-accident or reasonable suspicion (as defined by
applicable City policies), the Donor shall remain at the Facility and
continue to consume reasonable quantities of fluids until the Specimen
has been provided, or until the expiration of a period of up to 8 hours
from the beginning of the collection procedure.
In the case of pre-employment test, random test, periodic test or other
test not for cause as defined by City Policy, the City's Director shall be
notified when the Donor is unable to provide 45 milliliters of urine after
several hours, and the Director shall elect either to follow item (1) above
or to discontinue the collection and conduct a subsequent collection
at a later time.
If the Donor cannot provide a complete Specimen within the up-to-8-
hour period or at the subsequent collection, as applicable, then the
Contractor/Service Provider's MRO shall refer the Donor for a medical
evaluation to develop pertinent information concerning whether the
Donor's inability to provide a Specimen is genuine or constitutes a
refusal to provide a Specimen. The MRO shall report his/her conclusions
to the Human Resources Director.
10.After the specimen has been approved and submitted to the Collector,
and in the presence of the Donor, the Collector shall measure the
temperature of the Specimen within a maximum time of 4 minutes from
the time of urination, and inspect the Specimen to determine if its color
and look indicates any signs of contaminants. Any unusual findings must
be noted on the CCF.
A specimen temperature outside the range of 32.5-37.7 degrees
Centigrade or 90.5-99.8 degrees Fahrenheit constitutes a reason to
believe that the Donor has altered or substituted the Specimen. In such
cases, the Donor supplying the Specimen may volunteer to have his or
her oral temperature taken to provide evidence to counter the reason to
believe the Donor may have altered or substituted the Specimen.
All specimens suspected of being adulterated must be forwarded to the
laboratory for testing.
11. Immediately after the Specimen has been provided and submitted to the
Collector, and in the presence of the Donor, the Collector shall measure
the temperature of the Specimen within a maximum time of 4 minutes from
the time of urination, and inspect the Specimen to determine if its color
and look indicates any signs of contaminants. Any unusual findings must
be noted on the CCF.
there is reason is reason to believe that a particular Donor has
12. Whenever
altered or substituted the Specimen, proceed as required in Section B,
entitled “Direct Observation".
13. Both the Donor and the Collector shall keep in view at all times prior to the
Specimen being sealed with a tamper proof seal and labeled. Both
parties are to remain in the presence of the Specimen while the Collector
places an identification label which contains the date, the Donor’s
Specimen number and any other identifying information provided.
he presence of both parties, the Donor shall initial the identification
14. In t
label on the Specimen bottle for the purpose of certifying that it is the
Specimen collected from him/her.
15. The Collector shall enter on the CCF all information identifying the
Specimen. The Collector shall sign the CCF certifying that the collection
was accomplished according to the applicable City requirements.
16. The Donor tested will be asked to read and sign a statement on the Chain-
of-Custody form certifying that the Specimen identified as having been
collected from him/her is in fact the Specimen he/she provided.
17. The Donor tested will be asked to sign the Chain-of-Custody Form, which
authorizes the collection of the Specimen, analysis of the Specimen for
designated controlled substances, and release of the results to the
Director.
18. The Collector shall complete the custody-and-control portion of the CCF
to indicate receipt of the Specimen from the Donor and shall certify proper
completion of the collection. The Donor may now leave.
19. The urine Specimen and Chain-of-Custody Form are now ready for
shipment. If the Specimen is not immediately prepared for shipment, the
Collector shall ensure that it is appropriately safeguarded during
temporary storage.
20. When any part of the chain-of-custody procedures are being performed,
it is essential that the CCF be under the control of the involved Collector.
If the involved Collector leaves his/her workstation momentarily, the
Collector shall take the Specimen and Chain-of-Custody Form with
him/her, or shall secure them. After the Collector returns to the workstation,
the custody process will continue. If the Collector is leaving for an
extended period of time, he/she will package the Specimen for mailing
before leaving the Facility.
ollector shall not leave the Facility in the interval between
21. The C
presentation of the Specimen by the Donor and securing the Specimen.
The Specimen is secured by placing an identifying label on it, which
contains the Donor’s Specimen identification number (as shown on the
CCF), attaching the tamper-proof seal, and obtaining the Donor’s initials
on the seal. Ifit becomes necessary for the Collector to leave the Facility
during this interval, the collection shall be nullified and, upon direction of
the Director, a new collection begun.
F.TRANSPORTATION TO LABORATORY
The Collector shall arrange to ship the Split Specimen to the drug-testing
laboratory. The Split Specimen must be placed in a shipping container
designed to minimize the possibility of damage during shipment together with
copies 1 and 2 of the Custody and Control of the CCF. The shipping container
must be securely sealed to eliminate the possibility of undetected tampering.
On the tape sealing the shipping container, the Collector shall ensure that the
custody-and-control documentation is attached or enclosed in each
container sealed for shipment to the drug-testing laboratory.
G.FAILURE OF DONOR TO COOPERATE
If the Donor refuses to cooperate with the collection process, the Collector
shall so inform the Director within 30 minutes of a workday or at the beginning
of the next work day if after hours and shall document the non-cooperative
behaviors on the CCF.
H.DONORS REQUIRING MEDICAL ATTENTION
If the Specimen is being collected from a Donor in need of medical attention
(e.g. as part of a post-accident test given in a clinic or emergency medical
facility), necessary medical attention must NOT be delayed in order to collect
a Specimen.
I.USE OF CHAIN-OF-CUSTODY FORMS
A CCF must be used for maintaining control and accountability of each
Specimen from the point of collection to final disposition of the Specimen. The
date and purpose must be documented on the CCF each time a Specimen
is handled or transferred and every person in the chain must be identified in
writing on the CCF. Every effort must be made to minimize the number of
persons handling Specimens.
J.ALCOHOL TESTING OF NON-DOT EMPLOYEES
irected by the Director, alcohol testing using evidentiary testing devices
As d
(EBTs) may be required for non-DOT applicants and employees and, if used,
will follow comparable alcohol testing guidelines required for DOT covered
applicants and employees except that a non-DOT EBT testing procedure,
separate non-DOT requirements for statistical reporting, and a non-DOT Breath
Alcohol Testing Form will be required.
K.RECORD MAINTENANCE
Records related to services provided under the Agreement must be
maintained for five (5) years after termination or expiration of this Agreement.
SCOPE OF WORK ATTACHMENT III
Fire Department
COLLECTION PROCEDURES FOR DRUG AND ALCOHOL TESTING
All defined terms used in the Drug and Alcohol Testing Services Agreement apply to
this Attachment. Additional terms are defined herein. Each Collector is the
Contractor/Service Provider's Agent.
Contractor/Service Provider must provide a Specimen Collector (Collector) and
Collection Facility (Facility) which complies with accessibility requirements of Title III
of The Americans with Disabilities Act (ADA) that must be available, upon pager
notification, 24-hours a day, 7 days a week including weekends and holidays for drug
and alcohol testing of Fire Department employees and applicants (collectively
Donors) with specimen collection to be performed by qualified Contractor/Service
Provider's Agent at designated City Facility(ies) or as otherwise specified to the
Contractor/Service Provider in writing by the Fire Chief.
The Collector will follow this procedure for each individual specimen collection for
non-DOT drug testing performed for the Fire Department (Department). It is the intent
of the Department that the collection procedure for all drug testing of Donors be
consistent with and of the same level of precision required for the federally approved
procedures for workplace drug testing programs, as contained in Section 49 CFR 40,
except that aSAP 10 (Substance Abuse Panel) split specimen will be used and
breath alcohol tests may be performed upon request. If problems arise during a
specific collection, Collector must ask the Donor to wait while the Fire Chief, or
designee, is contacted for a decision. If Donor refuses to wait, the Fire Chief must be
notified immediately.
The Collector is responsible for maintaining the integrity of the specimen collection
and the transfer process and for carefully ensuring the modesty and privacy of each
Donor. The Collector must avoid any conduct or remarks which could be construed
as accusatorial or otherwise offensive or inappropriate. Strict custody-and-control
procedures must be followed from pre-collection through shipment to the
laboratory.
Each Collector shall have successfully completed training to carry out this function,
or shall be a licensed medical professional or licensed technician, who is provided
instructions for collection in compliance with this procedure which is patterned after
the federal DOT program.
Attachment III may be revised as required to incorporate revisions to Fire Department
polices which impact this procedure. If revisions are made, the new Attachment III
becomes effective upon the Fire Chief filing it with the City Secretary and giving
notice to Collector.
A.REQUIREMENTS OF COLLECTION FACILITY
ndom drug testing (urine specimen) will be done on-site. On-site refers to
1.Ra
any Fire Station or any other Fire Department facility such as the Fire
Department Training Facility or Headquarters Office.
2.Pre-employment testing, periodic testing, post-accident or reasonable
suspicion shall be performed as provided in the Fire Department's Alcohol
and Drug Policy at the Collector's Facility.
3.The Facility must contain an enclosure within which private urination can
occur, a toilet for completion of urination, a suitable clean surface for
writing, and a source of water for washing hands. The Facility must allow for
the Collector to wait outside the restroom door to monitor, not observe the
collection.
4.The Collector actually monitoring the collection of a urine specimen must,
in all cases, be of the same gender as the Donor providing the specimen. If
using a public restroom, the Collector is to remain in the restroom,but
outside the stall, until the specimen is collected and must be of the same sex
as the Donor providing the specimen.
5.If the Facility cannot be dedicated solely to drug testing, the portion used
for testing must be secured during drug testing by insuring that other persons
are not present, ensuring that there is no undetected access through any
other doors, and posting signs restricting access to authorized personnel
during the entire collection process.
6.The Facility must be clean, well lit and secure as defined herein.
7.The Facility must have all required materials, personnel and supervision
required to provide valid custody-and-control procedures and to have
available one male and one female Collector necessary for monitoring
collections. Forms used for the collection process must be comparable with
custody-and-control requirements of the Department of Transportation, as
set forth in Title 49 of the Code of Federal Regulations, for Donors tested
under DOT regulations.
8.The Fire Department shall be responsible for meeting collection Facility
requirements in A., 3., 5., and 6. of this Attachment for on-site random drug
testing.
B.DIRECT OBSERVATION:
ecimens collected which are suspected of adulteration must be
All sp
forwarded to the laboratory for testing with the Collector documenting on the
Chain-of-Custody Form (CCF) his/her observations.
Direct observation of a second specimen collection by a Collector of the
same gender may be authorized by the Fire Chief for Donors for drug testing
when the following conditions exist:
1.When the temperature (which must be taken within a maximum of 4
minutes) falls outside a temperature range of 90.5 to 99.8 degrees
Fahrenheit, or 32.5-37.7 degrees Centigrade.
2.If the specimen has a specific gravity of less than 1.003 and a creatinine
Concentration below .2g/L.
3.If the Collector suspects that the specimen has been tampered with in any
way, another specimen must be obtained before the Donor is allowed to
leave. The Fire Chief must be informed within thirty (30) minutes of the
refusal if during the normal workday, or at the beginning of the next
workday if after hours, during weekends, or holidays if the Donor refuses to
give another specimen; or
4.If the Donor is providing a specimen based on a previous positive drug
screen done under Fire Department Policy and is now submitting a
specimen for follow-up or return-to-work testing.
C.FAILURE OF DONOR TO REPORT FOR DRUG TESTING AS SCHEDULED
If the Donor does not report at the assigned time for drug testing, the Collector
will contact the Fire Chief within thirty (30) minutes if during a work day or at
the beginning of the next work day if after hours, to obtain guidance on the
action to be taken.
D.COLLECTION PROCEDURES
PREPARATION OF THECOLLECTION FACILITY PRIOR TO THE PRESENCE OF THE
DONOR MUST INCLUDE: ADDING BLUING AGENTS IN TOILET TANKS AND BOWLS
SO THAT THE WATER REMAINS BLUE; TAPING OFF OTHER SOURCES OF WATER, OR
IF THE COLLECTION IS TAKING PLACE 1N A RESTROOM WITH ONE OR MORE
STALLS, THE COLLECTOR (OF SAME SEX OF DONOR) WILL MONITOR TO ENSURE
SUCH WATER SOURCE IS NOT USED FOR DILUT1NG THE SPECIMEN.
E.SPECIMEN COLLECTION PROCEDURE
LE" METHOD OF
THE FIRE DEPARTMENT HAS ELECTED TO USE A "SPLIT SAMP
COLLECTION FOR ALL DRUG TESTS CONDUCTED FOR FIRE DEPARTMENT
EMPLOYEES COVERED BY THE FIRE DEPARTMENT'S ALCOHOL AND DRUG POLICY.
The use of the word "specimen" in this procedure is deemed as split specimen
unless otherwise designated. The following procedure is to be followed in
each split specimen collection:
sitively identify the Donor as the person selected for testing. Ask Donor
1.Po
for photo I.D. which can be an employee’s photo identification, driver's
license with photo, or if no photo identification is available, positive
identification by a Fire Department official. If identification cannot be
established, the Collector shall not proceed with the collection.
2.Explain the collection procedure to the Donor. Confirm that the drug test
is to be a Substance Abuse 10 Panel (SAP 10) test and check on the CCF
for the type of test, e.g. pre-employment, random, etc. as authorized by
the Department.
3.The Donor must NOT be required to provide a list of any prescription or over-
the-counter drugs but may do so for his/her own information as a "memory
jogger" for his/her own use only.
4.The Donor must remove any unnecessary outer garments, such as a coat,
jacket, hat etc. which could be used to tamper with or adulterate the
Donor's urine specimen. The Collector shall ensure that all personal
belongings, such as a purse or briefcase, remain with the outer garments.
The Donor may retain his/her wallet. If the Donor requests it, the Collector
shall provide the Donor with a receipt for any personal belongings.
5.Donor must wash hands prior to urination in view of Collector prior to the
collection, and is to remain in the presence of the Collector without access
to any water fountain, faucet, soap dispenser, cleaning agent or any other
materials which could be used to adulterate the Specimen.
6.The Donor may provide his/her Specimen in the privacy of a stall or
otherwise partitioned area that allows for individual privacy. The Collector
shall provide the collection container for this purpose which is suitable for
the gender of the Donor.
7.The Specimen Collection kit is to be opened in front of the Donor by the
Collector. The Donor shall urinate into a collection container or a specimen
bottle capable of holding at least 60 milliliters. If a collection container is
used, the Collector, in the presence of the Donor, shall pour the urine into
two specimen bottles. Thirty (30) ml shall be poured into one bottle, to be
used as the Primary Specimen. At least fifteen (15) milliliters shall be poured
into the other bottle, to be used as the Split Specimen. If a single specimen
bottle is used as a collection container, the Collector shall pour thirty (30)
milliliters of urine from the specimen bottle into a second specimen bottle
to be used as the Primary Specimen and retain the remainder of at least
fifteen (15) milliliters in the collection bottle to be used as the Split Specimen.
Both bottles shall be shipped in a single shipping container, together with
copies 1, and 2 of the CCF, to the laboratory.
ollector shall note any unusual behavior by the Donor or unusual
8.The C
appearance of the urine on the CCF, e.g. color, odor, and temperature.
9.Upon collecting the Specimen, the Collector will determine if the container
contains at least forty-five (45) milliliters of urine. If the Donor is unable to
provide forty-five (45) milliliters of urine, the Collector shall direct the Donor
to drink fluids and, after a reasonable period of time, attempt to provide a
Specimen using a fresh specimen bottle and collection kit. The original
collection Specimen is to be discarded.
If the Donor is still unable to give a 45 milliliter Specimen, the following rules
will apply:
(a)In the case of random testing (at a Fire Department Facility) the
unsuccessful Donor or Donors shall be allocated an additional fifteen
(15)minutes after the last successful Donor. If Donor(s) are not able to
submit the required amount of specimen, Donor(s) shall be transported
by fire personnel to the Collectors Facility in order to continue
attempting to provide specimen. The Donor(s) shall continue to
consume reasonable quantities of fluids until the Specimen has been
provided, or until the expiration of a period of up to 8 hours from the
beginning of the collection procedure.
(b)In the case of a post-accident or reasonable suspicion (as defined by
the Fire Department's Alcohol and Drug Policy), the Donor must remain
at the Collector's Facility and continue to consume reasonable
quantities of fluids until the Specimen has been provided, or until the
expiration of a period of up to eight (8) hours from the beginning of the
collection procedure.
(c)In the case of a pre-employment test, random test, periodic test or
other test not for cause as defined by the Fire Department Policy, the
Fire Chief shall be notified when the Donor is unable to provide forty-
five (45) milliliters of urine after several hours, The Fire Chief shall elect
either to follow item (1) above or to discontinue the collection and
conduct a subsequent collection at a later time.
(d)If the Donor cannot provide a complete Specimen within the 8-hour
period or at the subsequent collection, as applicable, then the
Contractor/Service Provider's MRO shall refer the Donor for a medical
evaluation to develop pertinent information concerning whether the
Donor's inability to provide a Specimen is genuine or constitutes a
refusal to provide Specimen. The MRO shall report his/her conclusions
to the Fire Chief.
10.After the Specimen has been provided and submitted to the Collector, the
Donor will be allowed to wash his/her hands. At this point, sink faucets may
be untapped and the commode flushed. With the Specimen in the
presence of both the Donor and Collector, they may then proceed to
another appropriate area to continue this procedure.
11.Immediately after the Specimen has been provided and submitted to the
Collector, and in the presence of the Donor, the Collector shall measure
the temperature of the Specimen within a maximum time of four (4)
minutes from the time of urination, and inspect the Specimen to determine
if its color and look indicates any signs of contaminants. Any unusual finding
must be noted on the CCF.
A specimen temperature outside the range of 32.5-37.7 degrees
Centigrade or 90.5-99.8 degrees Fahrenheit constitutes a reason to believe
that the Donor has altered or substituted the Specimen. In such cases, the
Donor supplying the Specimen may volunteer to have his or her oral
temperature taken to provide evidence to counter the suspicion to believe
the Donor may have altered or substituted the Specimen.
All specimens suspected of being adulterated must be forwarded to the
laboratory fortesting.
12.Whenever there is reason to believe that a particular Donor has altered or
substituted the Specimen, proceed as required in Section B, entitled "Direct
Observation". With the Fire Chief’s approval, a second Specimen shall be
obtained as soon as possible under the direct observation of a same
gender Collector.
13. Both the Donor and the Collector shall keep the Specimen in view at all
times prior to the Specimen being sealed with a tamper proof seal and
labeled. Both parties are to remain in the presence of the Specimen while
the Collector places an identification label which contains the date, the
Donor's Specimen number, and any other identifying information provided.
14. In the presence of both parties, the Donor shall initial the identification label
on the Specimen bottle for the purpose of certifying that it is the Specimen
collected from him/her.
15. The Collector shall enter on the CCF all information identifying the
Specimen. The Collector shall sign the CCF certifying that the collection
was accomplished according to the applicable Department requirements.
16. The Donor tested shall be asked to read and sign a statement on the CCF
certifying that the Specimen identified as having been collected from
his/her is in fact the Specimen he/she provided.
onor tested is to sign the CCF which authorizes the collection of the
17. The D
Specimen, analysis of the Specimen for designated controlled substances,
and release of the results to the Fire Chief, or designee.
ollector shall complete the Control-and-Custody portion of the CCF
18. The C
to indicate receipt of the Specimen from the Donor and shall certify proper
completion of the collection. The Donor may now leave.
19. The urine Specimen and CCF are now ready for shipment. If the Specimen
is not immediately prepared for shipment, the Collector shall ensure that it
is appropriately safeguarded during temporary storage.
20. While any part of the custody-and-control procedures is being performed,
it is essential that the custody-and-control be under the monitored of the
involved Collector. If the involved Collector leaves his/her work station
momentarily, the Collector shall take the Specimen and CCF with him/her,
or shall secure them. After the Collector returns to the work station, the
custody process will continue. If the Collector is leaving for an extended
period of time, he/she will package the Specimen for mailing before
leaving the Facility.
21. The Collector shall not leave the Facility in the interval between
presentation of the Specimen by the Donor and securing the Specimen.
The Specimen is secured by placing an identifying label on it which
contains the Donor's Specimen identification number (as shown on the
CCF), attaching the tamper-proof seal, and obtaining the Donor's initials on
the seal. If it becomes necessary for the Collector to leave the Facility
during this interval, the collection shall be nullified and, upon direction of
the Fire Chief a new collection begun.
F.TRANSPORTATION TO LABORATORY
The Collector shall arrange to ship the Split Specimen to a laboratory certified
by the Substance Abuse and Mental Health Services Administration
(S.A.M.H.S.A.) and accredited by the College of American Pathologists -
Forensic Drug Testing program. The Split Specimen must be placed in a
shipping container designed to minimize the possibility of damage during
shipment. The shipping container must be securely sealed to eliminate the
possibility of undetected tampering during transportation. On the tape sealing
the shipping container, the Collector shall ensure that the CCF is attached or
enclosed in each container sealed for shipment to the testing laboratory.
G.FAILURE OF DONOR TO COOPERATE
If the Donor refuses to cooperate with the collection process, the Collector
shall inform the Fire Chief within thirty (30) minutes if a work day or at the
beginning of the next day, if after hours, and shall document the non-
cooperative behaviors on the CCF.
H.DONORS REQUIRING MEDICAL ATTENTION
If the Specimen is being collected from a Donor in need of medical attention
(e.g. as part of a post-accident test given in a clinic or emergency medical
facility), necessary medical attention must NOT be delayed in order to collect
a Specimen.
I.USE OF CHAIN-OF-CUSTODY FORM (CCF)
A CCF must be used for maintaining control and accountability of each
Specimen from the point of collection to final disposition of the Specimen. The
date and purpose must be documented on the CCF each time a Specimen
is handled or transferred and every person in the chain must be identified in
writing on the CCF. Every effort must be made to minimize the number of
persons handling Specimens.
J.ALCOHOL TESTING OF EMPLOYEES UNDER THE FIRE DEPARTMENT'SALCOHOL
AND DRUG POLICY
1.Breath samples must be taken only by qualified medical personnel.
Qualified medical personnel means: a physician, physician's
assistant, nurse, emergency medical technician, or other person
authorized under State or Federal law.
2.The same CCF used for Drug testing under this Agreement must be
used for breath alcohol testing under this Policy, except that under
“type of test”, "other” is selected and breath alcohol" is written on
the form next to "other." This CCF must be used for each Breath
Sample from the time of collection through the authorized
disposition of the specimen.
3.The Samples are taken using certified Breath Alcohol Testing
Protocol that shall be consistent with that set forth in Title 49 of the
Code of Federal Regulation, including but not limited to the
following steps:
he Collector shall use an Evidential Breath Testing Device
(a)T
(EBT), which is a device approved by NHTSA for the evidential
testing of breath at the .02 and .04 alcohol concentrations,
placed on NHTSA’s Conforming Products List (CPL) for
“Evidential Breath Measurement Devices” and identified on
the CPL as conforming with the model specifications available
from NHTSA’s Traffic Safety Program.
(b)If the employee is going to take a drug test as well, the alcohol
breath test should be completed before the urine collection,
process begins. The employee should sign off that Alcohol
Testing Form (ATF) prior to beginning of the initial test.
(c)An individually wrapped and sealed mouthpiece shall be
opened for the testing and in view of the employee, in
accordance with the manufacturer’s instructions.
(d)An employee shall blow steadily and forcefully into the
mouthpiece for at least 6 seconds or until an adequate
amount of breath has been obtained.
(e)The employee shall be shown the displayed result.
(f)The results shall be printed and or recorded on the ATF.
(g)If the result is in concentration of less than 0.02, then the ATF
shall be signed and dated.
(h)If the Donor’s results are 0.02 or greater, there is a fifteen (15)
minute waiting period for a confirmation test. After the second
confirmation test, the test results are printed on the same form
and the employee signs step IV of the form.
(i)Employee is to sign the ATF, step IV if the concentration test is
0.02 or higher.
(j)Once the procedures are being performed, the collector does
not leave the work station until the test is completed.
(k)The Breath Sample Results are released to the Fire Chief, or
designee.
K.RECORDS PROCEDURES
1.Requests for employment verification or references for an
individual terminated under Fire Department policy must be
forwarded to the City of Corpus Christi Human Resources
Department for response. For Texas Employment Commission
hearing on granting unemployment insurance, the Fire Chief must
cite a rules violation as the reason for termination and will supply a
copy of the letter of termination which states specific reasons.
Where there is doubt about the release of information, the City's
Legal Department will be consulted for guidance.
2.Records related to services provided under this Agreement must
be maintained for five (5) years after termination or expiration of
this Agreement.
3.A Donor subject to drug and alcohol testing is entitled, upon
his/her written request, to obtain copies of any records pertaining
to the Donor's use of drug and alcohol, including any records
pertaining to his/her drug and alcohol tests. The Fire Chief, or
designee, must promptlyprovide the requested records and must
not make such records subject to payment.
The Fire Chief, or designee, must release information regarding a
Donor's records as directed by the specific, written consent of the
Donor authorizing release of the information to a person identified
by the Donor. Release of such information is permitted only in
accordance with the terms of the Donor's consent.
L.STATISTICAL DATA REPORTING
The Collector must provide to the Fire Chief a monthly statistical data
report maintained annually on a calendar year basis, which
summarizes the results of drug and alcohol testing and must include
the following informational elements:
1.Number of drug tests performed monthly and cumulative.
2.Number of alcohol tests performed monthly and cumulative.
3.Number of confirmed positive drug tests monthly and cumulative
subdivided by drug type.
4.Number of confirmed positive alcohol tests monthly and
cumulative.
SCOPE OF WORK ATTACHMENT IV
POLICE DEPARTMENT
PROTOCOL FOR DRUG TESTING
A Specimen Collector (Collector) and Collection Facility (Facility) which complies
with accessibility requirements of Title III of The Americans With Disabilities Act (ADA)
must be available, upon pager notification, 24-hours a day, 7 days a week
including weekends and holidays for alcohol and drug testing of City of Corpus
Christi Police Department employees and applicants (collectively "Donors").
Specimen collection shall be performed by the qualified Contractor/Service
Provider's staff at the Contractor/Service Provider’s Facility, City Facility or as
otherwise specified to the Contractor/Service Provider in writing by the Chief of
Police, or designee. The Contractor/Service Provider (as defined in the Drug Testing
Services Agreement) must conduct background investigations on laboratory and
collection personnel involved in the collection of samples or handling of unsealed
samples collected from a City of Corpus Christi Police Officer. The
Contractor/Service Provider must not use employees to perform services under this
Agreement who have been arrested by members of the City of Corpus Christi Police
Department and/or who have been convicted of a felony or misdemeanor crime
involving dishonest conduct or the possession of illegal drugs.
Drug testing under this Agreement includes: pre-employment, assignment,
reasonable suspicion, physical examination for return to duty, post-accident, post-
firearm discharge, and random testing as defined in the Police Department's
Alcohol and Drug Testing Policy. Protocols and procedures must follow the
requirements of S.A.M.S.H.A. and C.A.P. All laboratories must be certified by
S.A.M.S.H.A. and accredited by C.A.P.
If problems arise during a specific collection, the Donor must be asked to wait while
the Chief of Police, or designee, is contacted for a decision on the situation. If
Donor refuses to wait, the Chief of Police must be notified at the beginning of the
next workday if after hours and within 30 minutes if during the normal workday.
I.DRUG TESTING PROCEDURES:
A.REQUIREMENTS OF THE COLLECTION SITE FOR DRUG TESTING:
1.The Facility must contain an enclosure within which private urination can
occur, a toilet for completion of urination, a suitable clean surface for
writing, and a source of water for washing hands. The Facility must allow
for the Collector to wait outside the enclosure to monitor, not observe the
collection.
2.The Collector actually monitoring the collection of a urine specimen must,
in all cases, be of the same gender as the Donor providing the specimen.
If using a public restroom, the Collector is to remain in the restroom, but
outside the stall, until the specimen is collected and must be of the same
sex as the Donor providing the specimen.
3.If the Facility cannot be dedicated solely to drug testing, the portion used
for testing must be secured during drug testing by ensuring other persons
are not present, ensuring that there is no undetected access through any
rear doors, and posting signs restricting access to authorized personnel
during the entire collection process.
4.The Facility must be clean, well-lighted and secured as defined herein.
5.The Facility must have all materials, personnel, and supervision required to
provide valid Chain-of-Custody procedures and to have available one
male and one female Collector necessary for monitoring collections.
6.The Facility must provide sufficient lockers for Police Officers being drug
tested to store their weapon, holster belt, radios, etc. The Police Officer is
to be given the lock and key. The Police Officer will secure the lock and
retain the key throughout the specimen collection process.
B.FAILURE OF DONOR TO REPORT FOR DRUG TESTING AS SCHEDULED
If the Donor does not report at the assigned time for drug testing, the Collector
must contact the Chief of Police, or designee, within thirty (30) minutes if during
workday, or at beginning of next workday if after hours, to obtain guidance on
the action to be taken.
C.COLLECTION PROCEDURES
PREPARATION OF THE COLLECTION SITE PRIOR TO THE PRESENCE OF THE DONOR
MUST INCLUDE: ADDING BLUING AGENTS IN TOILET TANKS AND BOWLS SO THAT
THE WATER REMAINS BLUE; TAPING OFF OTHER SOURCES OF WATER, OR IF THE
COLLECTION IS TAKING PLACE IN A RESTROOM WITH ONE OR MORE STALLS, THE
COLLECTOR (OF SAME SEX OF DONOR) WILL MONITOR TO ENSURE SUCH WATER
SOURCE IS NOT USED FOR DILUTING THE SPECIMEN.
D.SPECIMEN COLLECTION PROCEDURE
A "SPLIT SAMPLE” SPECIMEN COLLECTION FOR ALL DRUG TESTS CONDUCTED
WILL BE USED. The use of the word "specimen" in this procedure is defined as
split specimen unless otherwise designated.
The following procedure is to be followed in each split specimen
collection:
1.Collector must positively identify the Donor as the person selected
for testing. Ask Donor for a photo I.D. which can be an
identification badge with photo, Driver's License with photo, or if
no photo identification is available, positive identification by a City
official. If identification cannot be established, the Collector must
not proceed with the collection.
2.Collector must explain the collection procedure to the Donor. A
ten (10) panel drug test must be required as set out in the Police
Department's Alcohol and Drug Policy to include: Amphetamines,
Barbiturates, Benzodiazepines, Cocaine Metabolites, Marijuana
Metabolites, Methadone, Methaqualone, Opiate Metabolites,
Phencyclidine, and Propoxyphene, and must be collected using
the specific CCF form which has been approved by the Chief of
Police, or designee. A Targeted Anabolic Steroid Profile must also
be required as set out in the Police Department’s Alcohol and Drug
Policy and must be collected using the specific CCF form which is
approved by the Chief of Police, or designee.
3.The Donor is NOT required to provide a list of any prescription or
over-the-counter drugs.
4.The Donor will remove any unnecessary outer garments, such as a
coat, jacket. hat, weapon, holster belt, radios, etc. which could be
used to tamper with or adulterate the Donor's Specimen and
place them in a locker provided for that purpose and will be given
a lock and key for that locker. The Donor will retain the key
throughout the specimen collection process. The Collector must
ensure that all personal belongings, such as a purse or briefcase,
remain with the outer garments. The Donor may retain his/her
wallet. If the Donor requests it, the Collector must provide the
Donor with a receipt for any personal belongings.
5.Donor is to wash hands prior to urination in view of Collector and is
to remain in the presence of the Collector without access to any
water fountain, faucet, soap dispenser, cleaning agent or any
other materials which could be used to adulterate the Specimen.
6.The Donor may provide his/her Specimen in the privacy of a stall
or otherwise partitioned area that allows for individual privacy. The
Collector must provide the specimen container for this purpose,
which is suitable for the gender of the Donor.
7.In cases of pre-employment, pre-assignment, reasonable
suspicion, return-to-duty, post-accident, and post-firearm
discharge testing, the collection kit is to be opened in front of the
Donor by the Collector. The Donor must urinate into a collection
container or a specimen bottle capable of holding at least 60
milliliters. If a collection container is used, the Donor, in the
presence of the Collector, must pour the urine into two specimen
bottles. Thirty-(30) ml. must be poured into one bottle, to be used
as the Primary Specimen. At least 15 milliliters must be poured into
the other bottle, to be used as the Split Specimen.
Contractor/Service Provider must ship both bottles in a single
shipping container, together with copies 1, and 2 of the CCF, to
the laboratory.
8.In the case of random testing, the collection kit is to be opened in
front of the Donor by the Collector. The Donor must urinate into a
collection container or a specimen bottle capable of holding at
least 90 ml. If a collection container is used, the Donor, in the
presence of the Collector, must pour the urine into four (4)
specimen bottles (two (2) for the ten (10) panel drug test and two
(2)for the steroid test). Thirty (30) ml. must be poured into one
bottle, to be used as the Primary Specimen fortesting under a ten
(10)panel drug test.At least 15 ml. must be poured into the other
bottle, to be used as the Split Specimen for the ten (10) panel drug
test. Thirty (30) ml. must also be poured into one bottle, to be used
as the Primary Specimen for the steroid testing. At least 15 milliliters
must also be poured into the other bottle, to be used as the Split
Specimen for the steroid test. Contractor/Service Provider must
ship two (2) bottles for the ten (10) panel drug test in a single
shipping container, together with copies 1, and 2 of the CCF, to
the designated laboratory. The Contractor/Service Provider must
also ship the remaining two (2) bottles for the steroid test in a single
shipping container, together with copies 1, and 2 of the CCF, to
the designated laboratory.
9.The Collector must note any unusual behavior by the Donor or
unusual appearance of the urine on the CCF, (e.g. color, odor,
and temperature.)
10. Upon collecting the Specimen for pre-employment, pre-
assignment, reasonable suspicion, return-to-duty, post-accident,
and post-firearm discharge testing, the Collector will determine if
the containers contains at least 45 ml of urine. If the Donor is
unable to provide 45 ml of urine, the Collector will direct the Donor
to drink not more than 40-ounces of fluids and, after a period of up
to two hours, again attempt to provide a complete Specimen
using a fresh specimen bottle and collection kit. The original
insufficient specimen must be discarded. The Donor must remain
at the Facility.
11. Upon collecting the Specimen for random testing, the Collector
will determine if the containers contains at least 90 ml of urine. If
the Donor is unable to provide 90 ml of urine, the Collector will
direct the Donor to drink not more than 40-ounces of fluids and,
after a period of up to two hours, again attempt to provide a
complete Specimen using a fresh specimen bottle and collection
kit. The original insufficient specimen must be discarded. The
Donor must remain at the Facility.
If the Donor is still unable to give 45-milliliters of specimen for pre-
employment, pre-assignment, reasonable suspicion, return-to-
duty, post-accident, and post-firearm discharge testing, or 90-
milliliters of specimen for random testing, the following rules will
apply:
(a)In the case of post-accident, reasonable suspicion, or
random drug testing, the Donor must remain at the Facility and
continue to consume reasonable quantities of fluids until the
Specimen has been provided.
(b)In the case of a pre-employment test or other test, which is
not for cause, Chief of Police, or designee, must be notified when
the Donor is unable to provide sufficient specimen after several
hours. The Chief of Police, or designee, must elect either to follow
item (1) above or to discontinue the collection and conduct a
subsequent collection at a later time.
(c)If the Donor cannot provide a complete Specimen initially or
at the subsequent collection, as applicable, then the City's MRO
must refer the Donor for a medical evaluation to develop pertinent
information concerning whether the Donor’s inability to provide a
Specimen is genuine or constitutes a refusal to provide a
Specimen. The MRO must report his/her conclusions in writing to
the Chief of Police.
12. After the Specimen has been provided and submitted to the
Collector, as described in Number 7 of this Section, the Donor may
wash his/her hands. At this point, sink faucets may be untaped and
the commode flushed. With the Specimen in the presence of both
the Donor and Collector, the Collector may then proceed to another
appropriate area to continue this procedure.
13. Within four (4) minutes from the time of urination and immediately
after the Specimen has been provided and submitted to the
Collector, and in the presence of the Donor, the Collector must
measure the temperature of the Specimen, and inspect the
Specimen to determine if its color and look indicates any signs of
contaminants. Collector must note any unusual findings must be
noted on the CCF. A specimen temperature outside the range of
32.5-37.7 degrees Centigrade/90.5-99.8 degrees Fahrenheit
constitutes a reason to believe that the Donor has altered or
substituted the Specimen. In such cases, the Donor supplying the
Specimen may volunteer to have his or her oral temperature taken
to provide evidence to counter the suspicion that the Donor may
have altered or substituted the Specimen.
All specimens suspected of being adulterated must be forwarded to
the laboratory for testing.
14.Whenever there is reason to believe that a particular Donor has
altered or substituted the Specimen, proceed asstated in Section E,
"Direct Observation". With the Chief of Police's, or designee's,
approval a second split Specimen must be obtained as soon as
possible under the direct observation of a same gender Collector.
15. Both the Donor and the Collector must keep the Specimen in view at
all times prior to the Specimen being sealed with a tamper proof seal
and labeled. Both parties are to remain in the presence of the
Specimen while the Collector places an identification label, which
contains the date, the Donor's Specimen number, and any other
identifying information provided.
16. In the presence of both parties, the Donor must initial the
identification label on the Specimen bottle for the purpose of
certifying that it is the Specimen collected from him/her.
17.The Collector must enter on the CCF all information identifying the
Specimen. The Collector must sign the CCF certifying that the
collection was accomplished according to the applicable
requirements of the Drug Testing Services Agreement.
18. The Donor must be asked to read and sign a statement on the drug
CCF certifying that the Specimen identified as having been
collected from him/her is in fact the Specimen he/she provided.
19. The Donor must sign the CCF, which authorizes the collection of the
Specimen, analysis of the Specimen for designated controlled
substances, and release of the results to the Chief of Police.
20. The Collector must complete the custody-and-control portion of the
CCF to indicate receipt of the Specimen from the Donor and must
certify proper completion of the collection. The Donor may now
leave.
rine Specimen and CCF are now ready for shipment. If the
21. The u
Specimen is not immediately prepared for shipment, the Collector
must ensure that it is appropriately safeguarded during temporary
storage in a secured area.
22.While any part of the custody-and-control procedures is being
performed, it is essential that the urine Specimen and custody
documents be under the control of the involved Collector. If the
involved Collector leaves his/her workstation momentarily, the
Collector must secure the urine Specimen in a locked cabinet. After
the Collector returns to the workstation, the custody process will
continue. If the Collector is leaving for an extended period of time,
he/she will package the specimen for mailing before leaving the
Facility.
23. The C
ollector must not leave the Facility in the interval between
presentation of the Specimen by the Donor and securing the
Specimen. The Specimen is secured by placing an identifying label
on it which contains the Donor's Specimen identification number (as
shown on the CCF), attaching the tamper-proof seal, and obtaining
the Donor’s initials on the seal. If it becomes necessary for the
Collector to leave the Facility during this interval, the collection is
nullified and, upon direction of the Chief of Police or designee, a new
collection begun.
24. The specimens collected must be maintained in a locked refrigerator
or locked storage container until picked up by the courier.
E.DIRECT OBSERVATION
All specimens collected that are suspected of adulteration must be
forwarded to the laboratory for testing with the Collector
documenting on the CCF his/her observations. Direct observation of
a second specimen collection by a Collector of the same gender
must be authorized by the Chief of Police, or designee, for Donors
when the following conditions exist:
1.When the temperature (which must be taken within a maximum of
4 minutes) falls outside a temperature range of 90.5 to 99.8 degrees
Fahrenheit or 32.5-37.7 degrees Centigrade.
2.If the specimen has a specific gravity of less than 1.003 and a
creatinine concentration below .2g/L.
3.If the Collector observes conduct clearly and unequivocally
indicating an attempt to substitute or adulterate the specimen, a
second specimen is to be obtained and the Chief of Police notified
in writing of the circumstances.
If the Collector suspects that the specimen has been tampered
with in any way, another specimen must be obtained before the
Donor is allowed to leave. The Chief of Police must be informed
within thirty (30) minutes of the refusal if during the normal workday
or at the beginning of the next work day if after hours, during
weekends, or on holidays, if the Donor refuses to give another
specimen.
F.TRANSPORTATION TO LABORATORY
The Collector must arrange to ship the Split Specimen to the drug-
testing laboratory. The Split Specimen must be placed in a single
shipping container designed to minimize the possibility of damage
during shipment together with copies 1, and 2, and the CCF. The
shipping container must be securely sealed to eliminate the possibility
of undetected tampering. The Collector must ensure that the CCF
documentation is enclosed in each container sealed for shipment to
the drug-testing laboratory.
G.FAILURE OF DONOR TO COOPERATE
If the Donor refuses to cooperate with the collection process, the
Collector must inform the Chief of Police within 30 minutes if it is a
workday or at the beginning of the next workday if after hours, and
must document the uncooperative behaviors on the CCF.
H.DONOR REQUIRING MEDICAL ATTENTION
If the Specimen is being collected from a Donor in need of medical
attention (e.g. as part of a post-accident test given in a clinic or
emergency medical facility), necessary medical attention must NOT
be delayed in order to collect a Specimen.
I.USE OF CHAIN-OF-CUSTODY FORM (CCF)
A CCF must be used for maintaining control and accountability of
each Specimen from the point of collection to final disposition of the
Specimen. The date and purpose must be documented on the CCF
each time a Specimen is handled or transferred and every individual
in the chain must be identified in writing on the CCF. Every effort must
be made to minimize the number of persons handling Specimens.
J.RECORD MAINTENANCE
Records related to services provided under this Agreement must be
maintained for 5 years after termination or expiration of this
Agreement, or if a lawsuit or arbitration is pending, until there is a final
judgment and all appeals have been exhausted.
SCOPE OF WORK POLICE AGREEMENT ATTACHMENT V
POLICE DEPARTMENT'S ALCOHOL & DRUG TESTING POLICY
COLLECTION PROCEDURES FOR BLOOD ALCOHOL TESTING
1.Blood specimens must be taken only by qualified medical personnel. Qualified
medical personnel is defined as a physician, physician's assistant, nurse,
emergency medical technician, or other person authorized under State or
Federal law or Regulation to collect blood.
2.The same CCF used for Drug testing under this Agreement must be used for
blood alcohol testing under this Policy, except that under “type of test" "other"
is selected and "blood alcohol” is written on the form next to "other." This CCF
must be used for each blood alcohol specimen from the time of collection
through the authorized disposition of the specimen.
3.The blood specimen must be kept in a secured area until picked up by the
courier.
4.Blood specimens must be shipped to the S.A.M.H.S.A.-certified, C. A. P.-
accredited laboratory by any means adequate to ensure delivery within
twenty-four (24) hours of receipt by the carrier.
5.Blood alcohol test results must be reviewed by the Medical Review Officer
(MRO). The MRO's review is to determine if custody-and-control procedures
were followed and if there is legitimate medical explanation for the presence
of alcohol in the blood specimen.
SCOPE OF WORK ATTACHMENT VI-A
DOT DRUG TESTING LABORATORY PROTOCOL
All defined terms used in the Drug and Alcohol Testing Services Agreement apply
to this Attachment VI-A. Additional terms are defined herein. Each Collector and
BAT is the Contractor/Service Provider's Agent. Each employee of a Laboratory
under contract to provide drug and alcohol services for City who works on tests
for the City is the Contractor/Service Provider's Agent while performing test-
related activities.
Description of Protocol
art of the City's substance abuse testing of its Donors under DOT regulations,
As p
urine Split Specimens will be collected in accordance with applicable federal
regulatory procedure as described in Attachment I, incorporated by reference in
this Agreement. Each Specimen will be analyzed in one of Contractor/Service
Provider's laboratories, which are certified by S.A.M.H.S.A. and accredited by
C.A.P. and will be tested for the presence of the following compounds at the
detection levels indicated. Should Department of Transportation (DOT)
Regulations be revised by the federal governmentduring the term of this
Agreement, the detection levels in this Agreement will be revisedeffective on the
date set by the regulations at no additional fee and such revisions will not
invalidate this Agreement or its Attachments.
Each initial screen will be analyzed by immunoassay ("EMIT"), and all presumptive
positives will be confirmed by gas chromatography mass spectrometry ("GC-
MS").
EMIT SCREEN GC-MS CONFIRMATION
DETECTION LEVELDETECTION LEVEL
DRUG GROUP ng/ml*ng/ml*
Amphetamine 500 250
Cocaine Metabolites 150 100
Marijuana Metabolites 50 15
Opiate Metabolites 2,0002,000
Phencyclidine 25 25
MDMA500 250
*nanograms/milliliter
SCOPE OF WORK ATTACHMENT VI-B
NON-DOT DRUG TESTING PROTOCOL
All defined terms used in the Drug and Alcohol Testing Services Agreement apply
to this Attachment VI-B. Additional terms are defined herein. Each Collector and
BAT is a Contractor/Service Provider's Agent. Each employee of a Laboratory
under contract to provide drug and alcohol services for City who works on tests
for the City is the Contractor/Service Provider's Agent while performing test
related activities.
Description of Protocol
As part of the City's company-sponsored substance abuse testing of its Donors,
urine specimens will be collected in accordance with the City-approved
collection procedures. Each specimen will be analyzed in one of
Contractor/Service Provider's laboratories certified by S.A.M.H.S.A., and
accredited by C.A.P. Contractor/Service Provider must provide laboratory-
testing services in accordance with the specifications described in Attachment II.
Each specimen submitted for testing under SAP 10 will be assayed for the
presence of the following compounds at the detection levels indicated.
EMIT SCREENGC-MS CONFIRMATION
DETECTION LEVEL DETECTION LEVEL
DRUG GROUP ng/ml* ng/ml*
Amphetamines 500 250
**Barbiturates300-1,000200
Benzodiazepines300 200
Cocaine Metabolites 150 100
Marijuana Metabolites 5015
Methadone 300 200
Methaqualone300 200
Opiates Metabolites 300 300
Phencyclidine2525
Propoxyphene 300 200
*nanograms/milliliter
**The limit of detection varies according to the specific drug and/or metabolites
present.
Contractor/Service Provider will also assay each specimen for signs of possible
adulteration. Specimen adulteration assays will consist of two or more of the
following: * Creatinine * Chloride * Specific Gravity * Ph
If Federal DOT drug testing programsrevise detection cutoff levels during the term
of this Agreement, the detection levels in this Agreement must be revised
effective on or after the date set by the regulations at no additional fee and such
revisions will not invalidate this Agreement or its Attachments.
SCOPE OF WORK ATTACHMENT VI-C
FIRE DEPARTMENT
DRUG TESTING PROTOCOL
Description of protocol
A.As part of the Fire Department's substance abuse testing of its applicants
and firefighters (collectively "Donors”) urine Split Specimens will be
collected in accordance with applicable federal regulatory procedure as
described in Attachment III, incorporated herein by reference in this
Agreement. Each Specimen will be analyzed in one of Contractor/Service
Provider's laboratories which are S.A.M.H.S.A. certified and C.A.P.
accredited, and will be tested for the presence of the following
compounds at the detection levels indicated.
Each initial screen will be analyzed by immunoassay ("EMIT"), and all
presumptive positives will be confirmed by gas chromatography-mass
spectrometry ("GC-MS").
Each Specimen submitted for testing under the testing provision of this
policy will be assayed for the presence of the following compounds. Pre-
employment testing will utilize the SAP 10, which includes Amphetamines,
Barbiturates, Benzodiazepines, Cocaine Metabolites, Marijuana
Metabolites, Methadone, Methaqualone, Opiates Metabolites,
Phencyclidine, and Propoxyphene.
EMIT SCREEN GC-MS CONFIRMATION
DETECTION LEVELDETECTION LEVEL
DRUG GROUP ng/ml* ng/ml*
Amphetamines1000500
**Barbiturates300-1,000200
Benzodiazepines 300 200
Cocaine Metabolites300 150
Marijuana 50 15
Metabolites 300 300
Methadone300 200
Methaqualone 300 200
Opiates Metabolites 300 300
Phencyclidine 25 25
Propoxyphene 300 200
*nanograms/milliliter
B.Contractor/Service Provider will also assay each Specimen for signs of
possible adulteration. Specimen Alteration assays will consist of two or more
of the following: *Creatinine, *Chloride, *Specific Gravity, and *Ph The initial
test (also known as a screening test) must be an enzyme immunoassay
screen (EMIT) to eliminate "negative" urine specimens from further
consideration.
C.If the initial test indicates a positive result, a confirmation test by gas
chromatography/mass spectrometry (GC/MS) will be used to confirm the
presence of a specific drug or metabolite. The confirmation test must be
independent of the initial test and uses a different technique and chemical
principle from that of the initial test in order to ensure reliability and
accuracy. For classes of drugs where GC/MS is not an approved
confirmation procedure, an alternative confirmation test will be used.
SCOPE OF WORK ATTACHMENT VI-D
POLICE DEPARTMENT
DRUG TESTING PROTOCOL
Description of protocol
A.As part of the Police Department's substance abuse testing of its
applicants and police officers (collectively "Donors'), urine Split
Specimens will be collected in accordance with applicable federal
regulatory procedure as described in Attachment IV, incorporated
herein by reference in this Agreement. Each Specimen will be analyzed
in one of Contractor/Service Provider's laboratories which are
S.A.M.H.S.A.-certified and C.A.P.-accredited, and will be tested for the
presence of the following compounds at the detection levels indicated.
Each initial screen will be analyzed by immunoassay ("EMIT"), andall
presumptive positives will be confirmed by gas chromatography-mass
spectrometry ("GC-MS").
Pre-Employment, Pre-Assignment, Reasonable Suspicion, Return-to-Duty,
Post-Accident, and Post-Firearm Discharge:
Each Specimen submitted for testing under the testing provision of this
policy will be assayed for the presence of the following compounds. Pre-
employment testing will utilize the SAP 10, which includes Amphetamines,
Barbiturates, Benzodiazepines, Cocaine Metabolites, Marijuana
Metabolites, Methadone, Methaqualone, Opiates Metabolites,
Phencyclidine, and Propoxyphene.
GC-MS
EMIT
CONFIRMATION
SCREEN
DETECTIODETECTION
N LEVELLEVEL
DRUG GROUPng/ml* ng/ml*
Amphetamines1,000 500
**Barbiturates300200
Benzodiazepin300200
es
Marijuana 50 15
Methadone 300200
Methaqualone 300200
Opiates 300300
Metabolites
Phencyclidine25 25
Propoxyphene 300200
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*nanograms/milliliter
B.Contractor/Service Provider will also assay each Specimen for signs of
possible adulteration. Specimen Alteration assays will consist of two or
more of the following: *Creatinine, *Chloride, *Specific Gravity, and *Ph
The initial test (also known as a screening test) must be an enzyme
immunoassay screen (EMIT) to eliminate "negative"urine specimens from
further consideration.
C.If t
he initial test indicates a positive result, a confirmation test by gas
chromatography/mass spectrometry (GC/MS) will be used to confirm the
presence of a specific drug or metabolite. The confirmation test must be
independent of the initial test and uses a different technique and
chemical principle from that of the initial test in order to ensure reliability
and accuracy. For classes of drugs where GC/MS is not an approved
confirmation procedure, an alternative confirmation test will be used.
Random Testing:
A.For specimens submitted for Random Testing, in addition to the SAP10
described in sections A, B, and C of this attachment, each such
specimen will also be assayed using the Targeted Anabolic Steroid Profile
which includes: Androstenediol, Androstendione, Boldenone,
Dihydroepiandrosterone (DHEA), Epitestosterone, Methandienone
(Dianabol), Methyltestosterone, Nandrolone (19-Mortestosterone),
Norandrostenediol, Norandrostenedione, Oxandrolone (Anavar),
Oxymetholone (Anadrol), Stanozolol, Testosterone,
Testosterone/Epitestosterone Ratio, Probenecid (Blocking/Masking
Agent), Clenbuterol (Anti-Catabolic Agent)
GC-MS
EMIT
CONFIR
SCREEN
MATION
DETECTIDETECTI
ON ON
LEVELLEVEL
DRUG GROUP ng/ml* ng/ml*
Androstenediol 101
Androstendione101
Boldenone 101
Dihydroepiandrost101
erone (DHEA)
Epitestosterone 101
Methandienone 101
(Dianabol)
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Methyltestosterone101
Nandrolone (19-1010
Mortestosterone)
Norandrostenediol101
Norandrostenedio101
ne
Oxymetholone 101
(Anadrol)
Stanozolol 101
Testosterone 101
Testosterone/Epites101
tosterone Ratio
Probenecid 101
(Blocking/Masking
Agent)
Clenbuterol (Anti-101
Catabolic Agent)
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SCOPE OF WORK ATTACHMENT VII
DOT and NON DOT Drug and Alcohol Testing
City-Wide and Gas
MEDICAL REVIEW OFFICER SERVICES
All defined terms used in the Drug and Alcohol Testing Services Agreement apply
to this Attachment VII. Additional terms are defined herein. Each MRO is a
Contractor/Service Provider's Agent.
The Phy
sician acting as Medical Review Officer (MRO) for the City of Corpus Christi
must provide the Director with documentation that he/she is a licensed physician
who is knowledgeable about substance abuse disorders and is certified as a
Medical Review Officer for drug testing by a recognized MRO certification training
program, and the American Association of Medical review Officers. The Physician
acting as an MRO for the City of Corpus Christi must provide the Director with proper
documentation of the Physician's ability and the attainment of skills needed to
interpret and evaluate confirmed positive test results of Donors together with their
medical history and any other relevant biomedical information. To perform DOT
tests, an MRO must meet the requirements of 49 CFR, 40 etc.
The MRO must not be an employee of the certified laboratory conducting the drug
tests unless the laboratory establishes a clear separation of functions to prevent any
appearance of a conflict of interest, including assuring that the MRO has no
responsibility for, and is not supervised by, or the supervisor of, any persons who
have responsibility for the drug testing or quality control operations of the
laboratory, and the Director gives prior written approval of such employment.
Primary responsibilities of the MRO include, but are not limited to, the following:
A.Comply with all Federal, State and local laws regarding drug testing requirements.
B.Monitor specimen collection procedures, laboratory testing and reporting procedures
to ensure they meet the requirements of the City, Police and Fire Department Alcohol
and Drug Testing Policies, attached and incorporated as Attachments I - VII;
C.Receive test results from the laboratory;
D.Review all test results received;
E.Verify laboratory reports and assessments;
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F.Review and interpret each confirmed positive test result to determine if a valid medical
reason exists;
G.Conduct a medical interview in person with the Donor to discuss a positive test result;
H.Review Donor's medical history, medical records and any biomedical factors as
appropriate;
I.Make decision to retest the Primary Sample when necessary;
J.Advise Donor of his/her right to request a test of the Split Specimen (not Primary
Specimen) if the request is made to the MRO within 72-hours of being informed
of the positive test result;
K.Coordinate with an approved laboratory certified by Substance Abuse and Mental
Health Services Administration (S.A.M.H.S.A.) and accredited by the College of
American Pathologists - Forensic Drug Testing program (C.A.P.), in writing for the request
to test a Split Specimen upon the timely request of the applicable Donor;
L.Notify the Director, the City's designated drug testing program manager, of all negative
and verified positive tests and provide copies of results.
M.Notify the Director of any Donor's request for a test of the Split Specimen;
N.Obtain and submit to the laboratory three blind performance test specimens for each
100 DOT drug tests performed;
O.Make recommendations as a member of the City's "Rehabilitation Committee" which is
composed of the Director of Human Resources, the Risk Manager and the Employee
Assistance Program Counselor in regards to handling the Donor's alcohol or drug abuse
rehabilitation plan;
P.Provide Contractor/Service Provider's Agent's testimony (specifically including MRO's
testimony) both in preparation for any "Proceeding" and at the actual "Proceeding
itself,” which concerns any drug and alcohol collection, test, evaluation, or MRO
services provided by Contractor/Service Provider or Contractor/Service Provider's
Agent is the essence of this Agreement "Testimony". Testimony from Contractor/Service
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Provider's Agent is absolutely essential for the City to defend any grievance, arbitration,
or lawsuit that results from any Donor challenging City's actions based on the results of
that donor's drug or alcohol specimen that was collected, tested, or evaluated by
Contractor/Service Provider or Contractor/Service Provider's Agent or reviewed by
Contractor/Service Provider's MRO. Said grievance, arbitration, or lawsuit, and the
preparation for it, collectively called the "Proceeding". The failure of
Contractor/Service Provider or Contractor/Service Provider's Agent to appear in person
to provide Testimony for any Proceeding is grounds for the City Manager to terminate
this Agreement, or, alternatively, require Contractor/Service Provider to pay all of the
City's costs in preparing for and defending said Proceeding. At a minimum, the costs
of a Proceeding include all Legal Staff time (Attorney's time will be billed at standard
community rates for Attorneys of comparable experience; the same will be billed for
secretarial and paralegal time; and for copies made for exhibits prepared for the
Proceeding) and costs, all Human Resources staff time and costs, all staff time and costs
for the department whose employee or applicant (i.e. donor) caused the Proceeding
to occur \[NOTE: in the case of Police and Fire Departments this may include overtime
Costs\] , and all expert witness fees, including the cost of Contractor/Service Provider's
MRO's fees and any Arbitrator's Fees. The failure of Contractor/Service Provider's Agent
(specifically including Contractor/Service Provider's MRO) to appear in person and give
live Testimony at a Proceeding is presumed to be the reason that City lost the
Proceeding. The City's costs in an arbitration Proceeding, that is decided against the
City shall include all the arbitration costs.
Only the hearing examiner in a Proceeding (e.g. Chairperson of the Civil Service
Board or Commission, Judge, Arbitrator collectively called "Hearing Examiner"
herein) has the authority to provide a prior written waiver that any
Contractor/Service Provider's Agent (specifically including Contractor/Service
Provider's MRO) does not have to appear in person and give live Testimony. It
is the obligation of any Contractor/Service Provider's Agent who wishes to not
appear in person and give live Testimony to make prior written arrangements
with the Hearing Examiner and copy both the Director at the fax number listed
herein and the City Attorney at (361) 880-3239 with all correspondence
between Contractor/Service Provider's Agent and the Hearing Examiner.
Simply because a Contractor/Service Provider's Agent obtained the Hearing
Examiner's prior written approval to not appear in person and give live
Testimony does not rebut the presumption that the failure to give live Testimony
is the reason the City lost the Proceeding.
The MRO's facility must be accessible and in compliance with Title III of The
Americans With Disabilities Act (ADA).
All records compiled by Contractor/Service Provider, (Contractor/Service
Provider’s employees, contractors, and agents, including without limitation
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Cont
ractor/Service Provider's MRO, (collectively called Contractor/Service
Provider's Agent) are compiled for the City to use in determining whether a
donor uses or has used drugs or alcohol. All records belong to the City.
Contractor/Service Provider is the designated custodian of these Records, with
certain Records in the custody of Contractor/Service Provider's MRO. All
Records are compiled pursuant to a waiver signed by the Donor that authorizes
Contractor/Service Provider to provide the Records to Director. It is the essence
of this Agreement that the Contractor/Service Provider provide all Records to
the Director when requested.
All Reco
rds compiled by Contractor/Service Provider and Contractor/Service
Provider's Agent (specifically including Contractor/Service Provider's MRO)
from information and samples provided by a Donor are compiled for the City
and belong to the City. If Contractor/Service Provider or Contractor/Service
Provider's Agent believes that information provided by a Donor is confidential
and chooses to redact that information, or conversely fails to redact
confidential information, then Contractor/Service Provider agrees to indemnify
the City for all damages incurred by the City due to Contractor/Service
Provider or Contractor/Service Provider's Agent's redaction of, or failure to
redact, confidential information from the Records.
MRO's services wil1 be subject to revision to meet the requirements of federally
mandated changes to Department of Transportation (DOT) Regulations,
Paragraph 40.169, Section 49, CFR 40, Procedures for Transportation Workplace
Drug and Alcohol Testing Programs, should such changes become law and
effective during the term of this Agreement and incorporated Attachments, at
the fees indicated in the attached and incorporated fee schedule.
I.RECEIPT OF LABORATORY TEST REPORTS
Urine specimens must be collected using custody-and-control procedures and
using a laboratory certified by the Substance Abuse and Mental Health Services
Administration (S.A.M.H.S.A.) and accredited by the College of American
Pathologists - Forensic Drug Testing program (C.A.P.) to perform the urine specimen
testing and test result reporting. The testing laboratory must transmit all test results
directly to the Medical Review Officer (MRO). The transmittal from the laboratory
must be by secured printer or fax machine or by other means agreed upon by the
Director, laboratory and MRO, to be provided by the MRO for that purpose in the
MRO's facility. Results from the laboratory will not be transmitted by telephone.
A.NEGATIVE TEST RESULTS
Upon receipt of a negative test result, the MRO must perform the following steps:
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1.Review
the laboratory report within one day of receipt to ensure that the
Donor’s identification information on laboratory test reports matches with
the MRO's "collection" copy, and the Donor is accurately identified as the
person having a negative test report and that the CCF and procedures
were correctly followed.
For Donors tested under Department of Transportation(DOT) drug testing
regulations, a verification must be noted on the CCF which indicates that the
testing was performed by laboratory certified by the Substance Abuse and
Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the
College of American Pathologists - Forensic Drug Testing program (C.A.P.) and
that there wascompliance with custody-and-control procedures and formsas
outlined in 49 CFR 40, Procedures for Transportation Workplace Drug and Alcohol
Testing Program.
i.Report negative test results for DOT and NON-DOT Donors to the
Director or designee.
ii.Report negative test results for CDL Donors to the Director or
designee.
iii.Report negative test results to the Fire Chief or designee in
accordance with Fire Department Policy.
iv.Report negative test results to the Police Chief or designee in
accordance with Police Department Policy.
B.POSITIVE TEST RESULTS
Upon receipt of a positive test result, the MRO must perform the following steps:
1.For cocaine, marijuana, and PCP positive test results the review must be
completed on the day of receipt of the positive laboratory results.
2.For all other substances, the review must be completed within two City of
Corpus Christi workdays of receipt of positive laboratory results.
3.MRO must review the laboratory report to ensure (a) that Donor
identification information on laboratory test reports and MRO's collection
copy match, (b) that the Donor is accurately identified as the person
having a positive test report and (c) that the CCF and procedures were
correctly followed.
For Donors tested under Department of Transportation (DOT) drug testing
regulations, the MRO may also verify (a) testing was performed by a
laboratory certified by the Substance Abuse and Mental Health Services
Administration (S.A.M.H.S.A.) and accredited by the College of American
Pathologists - Forensic Drug Testing Program (C.A.P.), and (b) that there
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was compliance with custody-and-
control procedures and forms as
outlined 49 CPR 40, Procedures for Transportation Workplace Drug and
Alcohol Testing Program.
4.If the MRO has any questions about the test documentation or test
analysis, the MRO may exercise the following two options:
(1)Request the laboratory records regarding the specimen testing
procedures followed, and/or
(2)Req
uire the retest of a Primary Specimen if questions arise as to the
accuracy or validity of a positive test result. Only the MRO has the
authority to order a reanalysis of the Primary Specimen using a
certified/accredited laboratory prior to reporting a positive result.
Under DOT regulations, the Donor is not authorized to request a
reanalysis of the Primary Specimen.
In the case of City-Wide, CDL, DOT, NON DOT employees these
procedures will be followed.
5.Notify the Donor of positive test result:
a.The MRO or his/her supervised and trained staff person may make
initial contact with the Director of Human Resources or designee, or
a medically licensed or certified staff person may gather
information from the Donor in the case of a CDL, DOT, or NON DOT
Donor. No direct communication is required between the MRO
and the Donor of a current employee or pre-employment
screening before verifying a positive result. But in the situation of
the Fire or Police Department, the MRO MUST make initial contact
with the employee first. A medically licensed or certified staff
person may gather information from the Donor, but the MRO must
communicate with Donor directly before verifying a test as positive.
The MRO shall tell the Donor that MRO is an agent of the Police
Department or Fire Department and advise the Donor of the
positive test result and the type of illegal drug or substance
reported.
Since the City’s, Fire and Police Departments use a split specimen
method of collection, the MRO shall notify each Donor who has a
confirmed positive test that the Donor has 72 hours from the time of
notification in which to request a test of the split specimen, if the
test is verified as positive. If the analysis of the split specimen fails to
reconfirm the positive result, the MRO shall direct, in writing, the
laboratory to provide the split specimen to another laboratory
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cert
ified by the Substance Abuse and Mental Health Services
Administration (S.A.M.H.S.A.) and accredited by the College of
American Pathologists - Forensic Drug Testing program for analysis
of the drug(s) or drug metabolites found in the primary specimen,
or if the split specimen is unavailable, inadequate for testing or un-
testable, the MRO shall cancel the test and report cancellation and
the reason for it to the DOT, the Director, Fire or Police Chief , or
designee, along with notifying the Donor.
If a Donor has not contacted the MRO within 72 hours to request a
test of the split specimen, as provided in DOT regulations, the Donor
may present to theMRO information documenting that serious
illness, injury, inability to contact the MRO, lack of actual notice of
the verified positive test, or other circumstances unavoidably
prevented the Donor from timely contacting the MRO. If the MRO
reasonably concludes that there is a legitimate explanation for the
Donor's failure to contact the MRO within 72 hours, the MRO shall
direct that the reanalysis of the split specimen, as applicable, be
performed.
b.No Direct Communication with Employees or Applicants:
The MRO may verify a test as positive without direct
communication with the Donor if:
1.The Donor expressly declines the opportunity to discuss
the test with the MRO.
2.If the MRO cannot make contact with a Donor within 24
hours from receipt of test results, the MRO shall contact
the Director of Human Resources, Fire Chief, Police Chief
or designee. Failure of a Donor to respond and contact
the MRO within five (5) days of receipt of a documented
contact by the City's Human Resources Director, Fire
Chief, Police Chief, or designee will result in the MRO
verifying the test as positive without having
communicated directly with the Donor. The MRO shall
keep documentation on attempts to contact the Donor.
3.When other legitimate circumstances occur which
unavoidably prevent the Donor from contacting the
MRO, such as serious injury or illness, the MRO may reopen
the verification allowing the Donor to present information
relative to a confirmed positive test.
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c.Review
of Medical History, Records and other Biomedical
Factors
1.The MRO must review medical records to ascertain if a
positive result is due to legally prescribed medication.
This review is based on the Donor's doctor's report, copy
of a prescription, or other proof of legitimate use of
medication. The Donor must provide such proof during
the interview with the MRO to be held within one (1)
workday of contact with the Donor, if possible.
2.The MRO's records must indicate one of the following
explanations for a legitimate positive test:
(a)legally prescribed or dispensed medication;
(b)ingested substances producing the same
metabolites as illegal substances (e.g. poppy
seeds and opiates). In such cases, clinical
evidence, in addition to the urine test, must be
present of unauthorized use of any opium, opiate,
or opium derivative, such as recent needle tracks
and/or behavioral and psychological signs of
acute opiate intoxication or withdrawal;
(c)errors in CCF;
(d)errors in laboratory technical analysis.
d.Reporting Test Results by the MRO
The MRO shall only convey to the Director, Fire Chief, Police
Chief, or designee whether a drug or alcohol test result is
positive or negative.
1.If satisfied there exists a valid medical explanation for a
positive test, the MRO will inform the Donor of the
findings. The MRO will then verify that the test result is
negative and report it accordingly to the Director, Fire
Chief, Police Chief, or designee.
2.Upon conclusion that no legitimate medical reason
exists for a positive test, the MRO will report a "verified"
positive test to the Director, Fire Chief, Police Chief, or
designee. The MRO will then sign a verification
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st
atement of the positive test result and will forward a
copy of the laboratory results and collection form to the
appropriate contact.
e.Safety Concerns:
Any safety concerns that come to the attention of the MRO
through the counseling process must be directed to the
designated City Physician, who will instruct the Director, Fire
Chief, Police Chief, or designee, if there needs to be any limit
placed on an employee for safety reasons.
f.Donor's Request for Retest
1.As provided in Paragraph 40.171 of 49 CFR, 40, if the
test result of the primary specimen is positive, the Donor
may request that the MRO direct that the split sample
be tested in a different laboratory certified by the
Substance Abuse and Mental Health Services
Administration (S.A.M.H.S.A.) and accredited by the
College of American Pathologists - Forensic Drug
Testing program for presence of the drug(s) for which
a positive result was obtained in the test of the primary
specimen. The MRO shall honor such a request if it is
made within 72 hours of the Donor having been
notified of a verified positive test result.
2.The Director will be notified by the MRO of the request
for testing of the split sample portion of the specimen.
Upon receipt of the result of the test of the split
specimen which reaffirms the results of the test of the
primary specimen, the Donor and the Director shall be
notified within one City of Corpus Christi work day.
3.Upon receipt of the result of the test of a split specimen
which fails to reconfirm the presence of the drugs(s) or
drug metabolites found in the primary specimen, the
MRO shall cancel the test, and report the cancellation
and the reasons for it to the DOT, the Director, and the
Donor.
Fee for transferring and re-testing of split specimen to
another laboratory certified by the Substance Abuse
and Mental Health Services Administration
(S.A.M.H.S.A.) and accredited by the College of
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RFP Template 03/15/2022
Americ
an Pathologists - Forensic Drug Testing program
upon timely request to MRO by a Donor, is to be paid
by cash, cashier's check, or money order by the
requesting Donor directly to the Contractor/Service
Provider who is responsible for forwarding payment to
the laboratory certified by the Substance Abuse and
Mental Health Services Administration (S.A.M.H.S.A.)
and accredited by the College of American
Pathologists - Forensic Drug Testing program that is
performing the testing. The Donor is responsible for
payment except for split specimen testing requests for
Firefighters, which will be paid for by the City.
II.DISCLOSURE OF INFORMATION
1.Information, drug testing results, or rehabilitation records providedto the
MRO as part of the testing verification process:
a.Disclosure must be made to the Human Resources Director, or
designee, City Attorney, a Department of Transportation (DOT)
Agency representative, to Donors, or to a physician responsible for
determining the medical qualification of the Donor under DOT
regulations, as part of an accident investigation, or where the
information indicates that continued performance by an employee
Donor of his/her safety-sensitive function could pose a significant
safety risk.
b.Disclosure must be made to the Director, Fire Chief, Police Chief, or
designee, City Attorney, to Donors, as part of an accident
investigation, or where the information indicates that continued
performance by an employee Donor of his/her safety-sensitive
function could pose a significant safety risk.
c.Upo
n written request, any Donor who is subject to a drug test
conducted by the City shall have access from the MRO to any records
relating to that drug test or to review certification or revocation of
certification records.
d.Upon written request, the Donor may request the information
described above or be disclosed to a third party.
2.Statistical data related to drug testing and rehabilitation that is not name-
specific and which is formatted to comply with record-keeping requirements
of 49 CFR 40 must be made available to the DOT Administrator and the
Human Resources Director, or designee.
RFP Template 03/15/2022
3.Statistical data related to drug testing and rehabilitation that is not name-
specific and which is formatted to comply with record-keeping requirements
of 49 CFR 40 must be made available to the Fire Chief, Police Chief, or
designee.
III.MRO STEPS IN THE REHABILITATION OF EMPLOYEE OR RETURN-TO-DUTY
DETERMINATIONS OF CDL, DOT, NON DOT, POLICE DEPARTMENT OR CITY-WIDE OR
GAS DEPARTMENT EMPLOYEES.
1.The MR
O makes a return-to-duty recommendation regarding when an
employee Donor holding a security or safety related position may be
returned to duty after failing or refusing to take a drug test.
2.The MRO must ensure that the Donor is drug free based on a drug test that
shows no evidence of any current drug use.
3.The MRO ensures the Donor has been evaluated by a rehabilitation program
counselor through the City's Employee Assistance Program by obtaining from
the counselor an evaluation of the Donor's drug and/or alcohol use including
the nature and degree of past abuse, progress in any rehabilitation effort,
and prognosis and recommendations for after-care services.
4.The MRO must be satisfied with the Donor's compliance with any conditions
or requirements of a rehabilitation and aftercare program in which the Donor
participated.
5.The MRO, in consultation with the Director of Human Resources and the
Employee Assistance Counselor, may determine a schedule of
unannounced testing for a Donor who has returned to duty after
rehabilitation. Such testing may be scheduled for up to sixty (60) months with
the frequency determined by the MRO based on the assessment and
recommendation of the counselor.
IV.FOLLOW-UP TESTING FOR CITY-WIDE CDL, DOT AND NON
DOT:
1.Per DOT Regulations, Paragraph 40.281, et of 49 CFR 382 and 49 CFR 199, a
covered employee, Donor who has been identified by a Substance Abuse
Professional (SAP) as needing assistance in resolving problems with alcohol
misuse and who has returned to duty involving the performance of a safety-
sensitive function, shall be subject to a minimum of 6 unannounced, follow-
up alcohol tests administered on behalf of the City over the following 12
months.
RFP Template 03/15/2022
2.The SAP
can direct additional testing during this 12-month period or for an
additional period of up to a maximum of 60 months from the date the
employee Donor returns to duty.
3.A positive alcohol test under DOT rules, Paragraph 40.281 of 49 CFR40,
provides that the City can conduct follow-up drug tests on an employee
during the follow-up alcohol testing period, and whenever the SAP has
reason to suspect drug involvement.
V.BLIND SAMPLES REQUIRED BY DOT FOR GAS DEPARTMENT PERSONNEL
1.The MRO shall obtain and submit three (3) blind performance test specimens
for each 100 specimens processed and advise the Director whenever a blind
sample has been submitted and the results of the test ascertained.
2.Approximately 80% of the blind performance test samples shall be blank (i.e.,
containing no drug) and the remaining samples shall be positive or "spiked"
for one or more drugs per sample. Spiked samples are limited to marijuana,
cocaine, opiates, amphetamines, and PCP.
3.Upon receipt of a false positive error on a blind sample which is determined
to be a technical or methodological error, the MRO will advise the Director
who will notify the DOT agency concerned.
RFP Template 03/15/2022
VI.RECORDKEEPING
The following records must be maintained by the MRO in a separate, secured
location with access restricted to the MRO and only his/her authorized staff, the
Director, and Department of Transportation representatives. DOT drugtesting
records must not be filed together with otherCity records. Separate statistical data
must be kept on all tests for Donors covered by (a) 49 CPR 199, Research and
Special Programs Administration, (b) for 49CFR 382, Federal Highway
Administration, and (c) for other NON-DOT Donors tested under City Policies,
including but not limited to the following:
1.Drug testing data demonstrating that collection processes conformed to
requirements of Agreement (5-year retention).
2.Records on positive drug test results for Donors must be retained for five (5)
years and must include the following specifics:
a.number of Donors who failed a drug test by type of test;
b.records that demonstrate rehabilitation;
c.function performed by employee Donors who failed a test;
d.prohibited drug(s) used
e.age of Donor
3.Records on negative drug tests for Donors must be kept for one (1) year.
4.Records on number of employee Donors tested by type of test must be kept
for five (5) years (e.g. post-accident).
5.Records maintained on blind samples sent to the laboratory in compliance
with DOT regulations must be kept for five (5) years.
RFP Template 03/15/2022
Attachment C: Insurance and Bond Requirements
CONTRACTOR’S LIABILITY INSURANCE
A. Contractormust not commence work under this agreement until all insurance required
has been obtained and such insurance has been approved by the City. Contractor
must not allow any subcontractor Agencyto commence work until all similar insurance
required of any subcontractor Agencyhas been obtained.
B.Contractormust furnish to the City’s Risk Managerand Director Human Resources,2
copies of Certificates of Insurance (COI) with applicable policy endorsements showing
the following minimum coverage by an insurance company(s) acceptable to the City’s
Risk Manager. The City must be listed as an additional insured on the General liability
and Auto Liability policies by endorsement, and a waiver of subrogation is required on
all applicable policies.Endorsementsmust be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCEMINIMUM INSURANCE COVERAGE
30-writtenday notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence -aggregate
applicable policy endorsements
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
Including:
1.Commercial Broad Form
2.Premises – Operations
3.Products/Completed Operations
4.Contractual Liability
5.Independent Contractors
6.Personal Injury- Advertising Injury
AUTO LIABILITY (including)$1,000,000 Combined Single Limit
1.Owned
2.Hired and Non-Owned
3.Rented/Leased
PROFESSIONAL LIABILITY$1,000,000 Per Claim
(Errors and Omissions)(Defense costs not included in face value
Including: of the policy)
1.Medical MalpracticeIf claims made policy, retro date must be
prior to inception of agreement, have
extended reporting period provisions and
identify any limitations regarding who is
insured.
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WORKERS’ COMPENSATIONStatutory
EMPLOYER’S LIABILITY$500,000 /$500,000 /$500,000
C.In the event of accidents of any kindrelated to this agreement,Contractormust furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
ADDITIONAL REQUIREMENTS
A. Applicable forpaid employees, Contractormust obtain workers’ compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers’ compensation coverage provided must be in an amount sufficient to assure
that all workers’ compensation obligations incurred by the Contractorwill be promptly
met.
B.Contractorshall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C.Contractorshall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractorshall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
List the City and its officers, officials, employees, volunteers, and elected representatives
asadditional insured by endorsement, as respects operations, completed operation
and activities of, or on behalf of, the named insured performed under contract with the
City, with the exception of the workers' compensation policy;
Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
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Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non-renewal or material change in coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
E.Within five (5) calendar days of a suspension, cancellation, or non-renewal of
coverage, Contractorshall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Contractor's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
F.In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractorto remove the exhibit
hereunder, and/or withhold any payment(s) if any, which become due to Contractor
hereunder until Contractordemonstrates compliance with the requirements hereof.
G.Nothing herein contained shall be construed as limiting in any way the extent to which
Contractormay be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor’s performance of the work covered
under this agreement.
H.It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self insurance carried by the City of Corpus Christi for
liability arising out of operations under this agreement.
I.It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
20InsuranceRequirements
Purchasing
Drug and AlcoholTesting and Occupational
Medicine03/27/20swRiskManagement
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Attachment D: Warranty
Section 8. Warranty of this service agreement is null; warranty is not required.
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