HomeMy Public PortalAboutSandspur Field - Joint Use AgreementSCHOOL DISTRICT OF OKALOOSA COUNTY
SUPERINTENDENT OF SCHOOLS
MARY BETH JACKSON
ATTORNEY TO THE BOARD
C. JEFFREY McINNIS, Esq.
September 17, 2018
Elizabeth Miller Roy
City Clerk
City of Crestview
P. O. Box 1209
Crestview, Florida 32536
RE: Joint Use Agreement, Sandspur Field
Dear Ms. Roy,
BOARD MEMBERS
TIM BRYANT
DEWEY DESTIN
MELISSA THRUSH
RODNEY L. WALKER
LAMAR WHITE
Please find enclosed a fully executed Joint Use Agreement for Sandspur Field between
the School District and the City of Crestview.
If you have any questions or if you need any additional information please feel free to
contact our office.
Thank you,
Okaloosa County School District
Facilities Planning and Maintenance Dept
Carver Hill Administration Complex
461 W School Avenue
Crestview, Florida 32536
Office: (850)689-7158
Fax: (850) 689-7410
CARVER HILL ADMINISTRATION COMPLEX-461 W. SCHOOL AVENUE-CRESTVIEW, FLORIDA 32536
TELEPHONE (850) 689-7158 FAX (850) 689-7410
ADMINISTRATION COMPLEX-120 LOWERY PLACE S.E.-FORT WALTON BEACH, FLORIDA 32548
TELEPHONE (850) 833-3100 FAX (850) 833-3436
STATE OF FLORIDA
COUNTY OF OKALOOSA
JOINT USE AGREEMENT
THIS JOINT USE AGREEMENT is entered into effective this 1st day of October 2018,
by and between THE SCHOOL BOARD OF OKALOOSA COUNTY, FLORIDA, a body
corporate pursuant to Section 1001.40, F.S., whose principal address is 120 Lowery Place SE, Fort
Walton Beach, Florida, 32548 (hereinafter referred to as "School Board") and the CITY OF
CRESTVIEW, FLORIDA, a governmental entity existing under the laws of the State of Florida,
whose principal address is 198 N. Wilson Street, Crestview, Florida 32536 (hereinafter referred to
as "City").
WITNESSETH:
WHEREAS, the School Board owns certain real property and the improvements thereon
located along North Avenue in Crestview, Florida which is known as Sandspur Field (hereinafter
referred to as the "Property and/or the "Joint Use Facility"); and,
WHEREAS, the City desires to work cooperatively with the School Board for the purpose
of operating joint use educational and recreational facilities on the Property; and,
WHEREAS, the existing facilities on the Property will be used jointly by the School Board
and the City in their recreation and educational programs; and,
WHEREAS, the School Board and the City believe it to be in their best interest to enter
into this Agreement for the joint use of the facilities.
NOW THEREFORE, for and in consideration of the covenants and agreements herein set
forth, the parties do hereby agree as follows:
1. JOINT USE FACILITY. The School Board hereby expressly agrees to
establish and extend joint use rights to the City, together with School Board, for the Property and
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improvements thereon in Okaloosa County, Florida, to -wit:
See Exhibit "A" attached hereto and made a part hereof for general location of the
Property/Joint Use Facility.
2. TERM AND TERMINATION. This Agreement shall be for a period of one (1)
year commencing on October 1, 2018 and ending on September 30, 2019. This Agreement shall
automatically renew for four (4) one (1) year periods at the end of the initial term unless either
party gives to the other ninety (90) days written notice, prior to the end of the current annual term,
of its intent not to renew the Agreement. In the event of such notice, this Agreement shall end at
the expiration of the then current annual term.
3. FUTURE EXPENSES. In consideration for the School Board allowing the City
to be a user of the Joint Use Facility, the City shall be responsible for the ongoing and continuous
maintenance of the Property and all of the recreational facilities and other improvements located
on the Property at its sole expense and the City shall pay all monthly utility bills for the utility
services provided for the facility.
4. SCOPE OF USE OF FACILITIES.
A. The Joint Use Facility shall be used by Okaloosa County Public Schools for
their school physical education and extracurricular programs and other school sponsored and
approved events.
B. The Joint Use Facility shall be used by City for community
educational/recreational programs, for the promotion and support of community recreational and
civic programs and other incidental purposes as are reasonably related thereto.
C. The City shall not sublease any portion of the Property/Joint Use Facility or
assign any of its duties and obligations under this Agreement to any third party without the express
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written consent of the School Board.
5. FACILITY SCHEDULING. The Recreation Director for the City or his
designee, shall be responsible for scheduling the use of the facilities. Priority for use of the
facilities shall be given to the public schools. The facilities shall not be scheduled for use by the
City during any times when organized school activities are scheduled for the facilities. Should
there be any dispute as to the scheduled use or type of programs or activities to be conducted on
the site, the decision of the school principal at Northwood Elementary School shall be final.
6. IMPROVEMENTS.
A. The City shall also have the right, at its cost, to erect or permit to be erected
on said Property such improvements or modifications as are reasonably necessary for furthering
the permitted uses of said Joint Use Facility, providing that such improvements or modifications
conform to City construction standards and are first approved by the Superintendent of Schools or
her designee.
B. All improvements and additions to the Property will become the property
of the School Board and shall remain upon and be surrendered with the Property/Joint Use Facility
as a part thereof at the termination and/or expiration of this Agreement.
7. INSURANCE AND INDEMNITY.
A. The City shall exercise its privileges hereunder at its own risk and expense.
The City and the School Board shall each carry and maintain in full force and effect throughout
the term of this Agreement, either liability insurance or a liability self-insurance program to the
limit of liability set forth in § 768.28, Florida Statutes, as same may from time to time be amended.
B. Neither the City nor the School Board shall be responsible, liable to, or have
any obligation to any third party user of the Joint Use Facility for loss of property by reason of
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theft, fire, storm, hail, flood, or other such casualty.
8. LIENS. The City shall not make any contract or agreement for the construction,
alteration, repair or maintenance to said Property/Joint Use Facility or of any improvement now
or hereafter erected thereon unless such contract or agreement is in writing and contains an express
waiver by such contractor of any and all claims for mechanic's or materialmen's liens against the
Property/Joint Use Facility or any improvements now or hereafter erected thereon. Notice is
hereby given that no contractor, subcontractor, or anyone else who may furnish any materials,
service or labor for any buildings or improvements, alterations or repairs or maintenance or
operation of the Property/Joint Use Facility, at any time shall be or may become entitled to any
lien thereon whatsoever.
9. BREACH. Should the City breach any of the terms of this Agreement, then the
School Board shall have the right, at its option, to immediately terminate this Agreement and to
re-enter and re -take possession of the Property/Joint Use Facility.
10. ATTORNEY'S FEES AND COSTS. In any action, suit or proceeding to enforce
or interpret the terms of this Agreement, or to collect any amount due hereunder, the prevailing
party shall be entitled to reimbursement for all costs and expenses reasonably incurred in
enforcing, defending or interpreting its rights hereunder, including, but not limited to, all collection
and court costs, and all attorney's fees, whether incurred out of court, in the trial, on appeal, or at
bankruptcy or administrative proceedings.
11. MISCELLANEOUS.
A. Nothing herein contained shall be deemed or construed by the parties nor
by any third party as creating the relationship of partnership or joint venture.
B. Whenever the singular number is used the same shall include the plural, and
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the masculine gender shall include the feminine and neuter genders where the context requires.
C. No party shall be deemed in default under this Agreement if such party is
delayed in the performance of any of its obligations if the delay is due to strikes, lockouts or labor
disputes, acts of God, restrictions, regulations or controls of any government or governmental
agency, civil commotion, insurrection, revolution, sabotage or enemy or hostile government
actions, fire or other casualty or other similar conditions beyond the control of the party delayed.
In the event of such delay, all dates for performance shall automatically be extended by a period
equal to the aggregate period of all such delays.
D. The City shall keep the Joint Use Facility clean and free of rubbish and shall
not allow the accumulation of any unsightly matter(s) or object(s).
E. The City shall provide security services for the Joint Use Facility and
maintain order and control during all activities and events conducted by or through the City at the
Joint Use Facility.
12. NOTICES. All notices, requests, demands, elections, consents,
approvals, designations and other communications of any kind must be in writing and addressed
to the parties as follows:
School Board:
Superintendent
Okaloosa County School District
Administration Office, 120 Lowery Place SE
Fort Walton Beach, Florida 32548
C.:
Recreation Director
City of Crestview
115 Ferdon Boulevard
Crestview, Florida 32536
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Any party may change the address to which notices are to be sent by giving ten (10) days
prior written notice informing the other party of the change of address. Service of notice shall be
deemed complete upon mailing.
13. COMPLETE AGREEMENT. This document contains the complete Agreement
between the parties. All negotiations, considerations, representations, and understandings between
the School Board and the City relating to the management of the Joint Use Facility are incorporated
herein and may only be modified by agreement in writing.
14. APPLICABLE LAW. The laws of the State of Florida shall govern the validity,
performance, and enforcement of this Agreement.
15. PARTIAL INVALIDITY. The invalidity or unenforceability of any provision
of this Agreement shall not affect or impair any other provision unless such partial invalidity shall
materially or substantially alter the arrangements between the parties hereto or the benefits
accruing to either party.
16. HEADINGS. The headings of sections are for convenience only and do not
define, limit, or construe the contents of such sections.
17. WAIVER. No consent or waiver, expressed or implied, by either party to or of
any breach of any covenant, conditions, or duty of the other party hereto shall be construed as a
consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
IN WITNESS WHEREOF, the parties hereto have caused the signatures of their officers
to be set hereunder and their seals to be affixed hereto to be effective as of the latest date of
execution.
[SIGNATURE PAGE FOLLOWS]
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ATTEST:
By:
THE SCHOOL BOARD
OF OKALOOS; COUNTY, FL DA
By:
ary th Jacks Lamar
Supe • tendent/ ` cretary
ATTEST:
By: / / By:
E zabeth "Betsy" Miller R:y David adle, Mayor
City Clerk
Chairman
Date: September 10, 2018
CITY OF CRESTVIEW, FLORIDA
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Date: ' — 15 — ��
EXHIBIT A
07-07 DRUG AND ALCOHOL TESTING PROGRAM FOR COMMERCIAL DRIVER'S
LICENSE HOLDERS
(A) The purpose of this policy is to establish standard procedures for drug and
alcohol testing designed to help prevent accidents and injuries resulting from the
misuse of alcohol or the use of controlled substances by all employees who drive
commercial motor vehicles and who are required to hold commercial driver's
licenses.
(B) This policy has been promulgated pursuant to the requirements of the Omnibus
Transportation Employee Testing Act of 1991, regulations of the Federal
Department of Transportation (DOT) contained in 49 CFR Part 40, regulations of
the Federal Highway Administration contained in 49 CFR Parts 382 and 391, and
Fla. Stat. §1006.25.
(C) This policy applies to every district employee employed in a safety sensitive
position who operates a commercial motor vehicle and is required to hold a
commercial driver's license as a condition of employment, including volunteers
and substitutes.
(D) This policy shall take effect January 1, 1995.
(E) For the purpose of construing the School District of OkaCoosa County Drug and
Alcohol Testing Policy, the following definitions apply:
(1) "Accident" means either.
(a) an accident involving a commercial motor vehicle resulting in the
loss of life, or
(b) an accident where the driver receives a citation for a moving traffic
violation and either a person is treated away from the scene or one
of the vehicles involved must be towed from the scene of the
accident.
(2) "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol,
or other low molecular weight alcohols including methyl isopropyl alcohol.
(3)
"Alcohol Use" means the consumption of any beverage, mixture, or
preparation, including any medication, containing alcohol.
(4) Breath Alcohol Technician" (BAT) means an individual who instructs and
assists Individuals in the alcohol testing process and operates an
Evidential Breath Testing Device.
Exhibit A Page 1 of 11
"Canceled or Invalid Test" means a drug test that has been declared
invalid by the Medical Review Officer. A canceled test is neither a positive
nor a negative test.
"Chain -of -Custody" refers to the methodology of tracidng specified
materials or substances for the purpose of maintaining control and
accountability from initial collection to final disposition for ail such
materials or substances and providing for accountability at each stage in
handling, testing, storing and reporting of test results.
"Collection Site" means a place where individuals present themselves for
the purpose of providing a specimen to be analyzed for the presence of
drugs or alcohol.
"Commercial Driver's License" means a Class A, Class 8, or Class C
driver's license issued in accordance with the requirements of Fla. Stat.
chapter 322.
"Commercial Motor Vehicle" means a motor vehicle or combination of
motor vehicles used in commerce to transport passengers or property if
the motor vehicle:
(a) has a gross combination weight rating of 26,001 or more pounds
Inclusive of a towed unit with a gross vehicle weight rating of more
than 10,000 pounds; or
(b) has a gross vehicle weight rating of 26,001 or more pounds; or
(c) is designed to transport 16 or more passengers, including the
driver; or
(d) is of any size and is used in the transportation of materials found to
be hazardous for the purposes of the Hazardous Materials
Transportation Act and which require the motor vehicle to .be
placarded under the Hazardous Materials regulations.
(10) "Confirmation Test" for alcohol testing means a second test, following a
screening test with a result of 0.02 or greater, that provides quantitative
data of alcohol concentration. For controlled substances testing
"confirmation test" means a second analytical procedure to identify the
presence of a specific drug or metabolite which is independent of the
screen test and which uses a different technique and chemical principle
from the screen test in order to ensure reliability and accuracy. The
Exhibit A Page 2 of 11
confirmation test for controlled substances will be gas
chromatography/mass spectrometry (GC/MS).
(11) "Controlled Substance" is synonymous with the tern "drug" as defined
herein.
(12) "Driver" means any person who operates a commercial motor vehicle and
who is required to hold a commercial driver's license. This includes, but is
not limited to: full-time, regularly employed drivers; casual, intermediate or
occasional drivers; leased drivers and independent, owner/operator
drivers.
(13) "Drug" means marijuana, cocaine, opiates, amphetamines and
phencyclidine (PCP).
(14) "Drug Test" means any chemical, biological or physical instrumental
analysis in conformity with this policy, administered for the purpose of
determining the presence or absence of a drug or its metabolites.
(15) "Evidential Breath Testing Device" (EBT) means a device approved by the
National Highway Traffic Safety Administration (NHTSA) for the evidential
testing of breath and placed on NHTSA's "Conforming Products List of
Evidential Breath Measurement Devices" (CPL), and identified on the CPL
as conforming with the model specifications available from. the National
Highway Traffic Safety Administration, Office of Alcohol and State
Programs.
(16) "Employee" means a person employed by the district who is covered by
the requirements of this policy.
(17) "Employers' refers to the School District of Okaloosa County.
(18) "GC" means gas chromatograph. "GC/MS" means gas
chromatography/mass spectrometry.
(19) "Job Applicant" means a person who has been offered a position with the
district covered by this policy, conditioned upon meeting the requirements
of the Drug and Alcohol Testing Policy. Job applicant includes a current
employee moving into a position covered by this policy.
(20) "Laboratory" means a facility, inside or outside the State of Florida,
certified by the United States Department of Health and Human Services
or licensed and approved by the Agency for Health Care Administration to
analyze specimens for the detection of drugs or alcohol as defined herein.
Exhibit A Page 3 of 11
(21) "Medical Review Officer (MR0) means a licensed physician, employed
with or under contract to the employer, who has knowledge of substance
abuse disorders, laboratory testing procedures, and chain -of -custody
collection procedures, who verifies positive, confirmed test results, and
who has the necessary medical training to interpret and evaluate an
employee's confirmed positive test results in relation to the employee's
medical history and any other relevant blo-medical information.
"Nonprescription Medication" means a medication that is authorized
pursuant to state or federal law for general distribution and use without a
prescription in the treatment of human disease, ailments or injuries.
(23) "Prescription Medication" means a drug or medication obtained pursuant
to a prescription.
(22)
(24) "Reasonable Suspicion" means an articulable belief an employee
possesses or uses drugs or alcohol in the workplace, Is intoxicated or
impaired by drugs or alcohol, based on specific and particularized facts
and reasonable inferences drawn from those facts in light of experience.
(25) "Refuse to Submit" to a drug or alcohol test means an employee:
(a) fails to provide adequate breath for testing without a valid medical
explanation after he or she has received notice of the requirement
for breath testing as provided in this policy;
(b) fails to provide adequate urine for controlled substances testing
without a valid medical explanation after he or she has received
notice of the requirement for urine testing as provided in this policy;
(c) fails to remain readily available for testing when required.
(d) engages in conduct that clearly obstructs the testing process.
(26) "Safety Sensitive Function" means any of the on -duty functions set forth in
49 CFR Section 3132.107, Paragraphs (1) through (6).
(27) "Screening Test/initial Test" in alcohol testing means an analytical
procedure to determine whether an employee may have a prohibited
concentration of alcohol in his or her system. In controlled substance
testing, it means an immunoassay screen to eliminate "negative" urine
specimens from further consideration.
Exhibit A Page 4 of 11
(28) "Specimen" means a blood or urine sample of the human body capable of
revealing the presence of alcohol or drugs or their metabolites.
(29) "Threshold Detection Level" means the level at which the presence of a
drug or alcohol reasonably can be expected to be detected by an initial
and a confirmation test performed by a laboratory that meets the
standards established herein. The threshold detection level indicates the
level at which a valued conclusion can be drawn that the drug or alcohol is
present in the employee's sample.
(F) Policy Notification
(1) The Implementation of the Drug and Alcohol Testing Policy, contained
within the confines of this document, constitutes general notice to all
covered employees of the School District of Okaloosa County that each
covered employee is required, as condition of employment or continued
employment, to fully comply with the provisions of the Drug and Alcohol
Testing Policy, and to fully cooperate with the Implementation and
enforcement of the policy, including execution of the necessary
authorization forms. All covered employees shall receive a copy of and be
asked to read the drug and alcohol testing policy, and will be asked to sign
a statement indicating their understanding of the policy.
(2) The implementation of this policy further constitutes general notice that all
covered employees of the School District of Okaloosa County may be
required to submit to drug and alcohol testing, as provided herein, without
further notice, at any time after January 1, 1995.
(3) A copy of this policy is posted on the district website, and additional copies
will be made available on request.
(G) Prohibited Conduct
(1)
Controlled Substance or Drugs. No covered employee shall report for
duty or remain on duty requiring the performance of safety -sensitive
functions when the employee uses any controlled substance, except when
the use is pursuant to the instructions of a physician who has advised the
employee that the substance does not adversely affect the employee's
ability to safely operate a commercial motor vehicle. No covered
employee shall report for duty, remain on duty or perform a safety -
sensitive function, if the employee tests positive for controlled substances.
(2) Alcohol. No covered employee shall report for duty or remain on duty
requiring the performance of safety -sensitive functions while having an
Exhibit A Page 5 of 11
(3)
alcohol concentration of 0.02 or greater. No covered employee shall use
alcohol while performing safety -sensitive functions. No covered employee
shall perform safety -sensitive functions within four (4) hours after using
alcohol. No covered employee shall be on duty or operate a commercial
motor vehicle while the employee possesses alcohol. No covered
employee required to take a post -accident alcohol test shall use alcohol
for eight (S) hours following the accident, or until he or she undergoes a
post -accident alcohol test, whichever occurs first.
Refusal to Submit to a Drug or Alcohol Test. No covered employee shall
refuse to submit to a controlled substance or alcohol test required under
this policy. Any covered employee who does not remain readily available
for testing under this pollcy will be deemed to have refused to submit to
testing. The refusal to timely submit to required testing may be considered
Just Cause for dismissal.
(H) Types of Testing
The School District of Okaloose County will conduct Job Applicant Drug and
Alcohol Testing and Current Employee Drug and Alcohol Testing,
(1) Job Applicant Testing. All applicants for positions covered by this policy,
including all employees seeking a transfer to positions covered by this
policy, shall undergo testing for alcohol and controlled substances, prior to
the first time the employee performs safety -sensitive functions for the
employer. No applicant or employee seeping transfer will be allowed to
perform safety -sensitive functions until the individual has been
administered an alcohol test with a result indicating an alcohol
concentration less than 0.02, and has received a controlled substance test
result from the Medical Review Officer indicating a negative test result. An
employee requesting a transfer into a safety -sensitive -position that has a
confirmed positive drug test or alcohol test result of 0.02 or greater shall
not be eligible for transfer.
All job applicants' prospects of employment with the School District of
Okaloosa County will be conditioned upon their being qualified for work.
Any job applicant who tests positive for controlled substances or alcohol
will not be considered qualified for employment with the School District of
Okaloosa County.
(2) Post -Accident Testing. As soon as practicable following an accident
involving a commercial motor vehicle, each surviving driver shall be tested
for alcohol and controlled substances if the accident involves the loss of
human life; or as soon as practicable following an accident involving a
Exhibit A Page 6 of 11
commercial motor vehicle, a driver shall be tested if the driver receives a
citation under state or local law for a moving traffic violation arising from
the accident, and either a person is treated away from the scene for
injuries or one of the vehicles involved must be towed from the scene of
the accident.
With respect to alcohol testing, the district will make every effort to
conduct the test within two (2) hours following the accident, and In no
event will the test be administered beyond eight (8) hours following the
accident. If the alcohol test is not administered within two (2) hours
following the accident, the district will prepare and maintain a record
stating the reason(s) the test could not be administered within two (2)
hours.
With respect td controlled substance testing, the test will be administered
within 32 hours following the accident. If the test cannot be administered
within 32 hours, the district shall prepare and maintain a record stating the
reason(s) the test could not be administered within this time frame.
Drivers who are subject to post -accident testing shall remain readily
available for such testing. If they do not remain available for such testing,
they will be -deemed to have refused to submit for testing, as provided
herein. Nothing in this section shall be construed to require the delay of
necessary medical attention for injured people following an accident or to
prohibit a driver from leaving the scene of an accident for the period
necessary to obtain assistance in responding to the accident or to obtain
necessary emergency medical care.
Reasonable Suspicion Testing. All covered employees shall be required
to submit to a controlled substance or alcohol test when the employer has
reasonable suspicion to believe the employee has violated the provisions
of Section G - Prohibited Conduct herein. The employer's determination
that reasonable suspicion exists must be based upon specific,
contemporaneous, articulable observations concerning the appearance,
behavior, speech or body odors of the employee. The observations may
include indications of the chronic or withdrawal effects of controlled
substances.
The required observations for alcohol and/or controlled substances
reasonable suspicion testing shall be made by a supervisor or district
official who is trained in such observations as provided herein. The
person who makes the determination that reasonable suspicion exists to
conduct an alcohol test shall not conduct the alcohol test of the employee.
Exhibit A Page 7 of 11
With respect to alcohol testing, the observations required under this
section must be made during, just preceding, or just after the period of the
work day the employee is required to be in compliance with this policy. An
employee may be required to undergo reasonable suspicion alcohol
testing while the employee is performing safety -sensitive functions, just
before the employee is to perform safety -sensitive functions, or Just after
the employee has ceased performing such functions. The district shall
make all reasonable effort to administer an alcohol test under this section
within two (2) hours following the determination of reasonable suspicion,
and in no event will an alcohol test under this section be conducted
beyond eight (8) hours of the determination of reasonable suspicion. If the
alcohol test under this section is not administered within two (2) hours of
the above determination, a record stating why the alcohol test was not
administered within this time frame will be prepared and maintained. With
respect to controlled substances reasonable suspicion testing, a written
record shall be made of the observations leading to the test (signed by the
supervisor or district official who made the observations) within 24 hours
of the observed behavior or before the results of the controlled substance
test are released, whichever is earlier.
(4) Random Testing. Covered employees shall also be subject to random
alcohol testing to the extent that a minimum of 25 percent of the average
number of employee positions covered by this policy will be tested on an
annual basis. The minimum annual percentage rate for random controlled
substance testing shall be 50 percent of the average number of employee
positions covered by this policy. A covered employee shall only be tested
for alcohol while the employee is performing safety -sensitive functions,
just before the employee is to perform safety -sensitive functions, or just
after the employee has ceased performing such functions.
(5)
The selection of employees for -random alcohol and controlled substance
testing shall be made by a scientifically valid method, such as a random
number table of a computer -based random number generator that is
matched with employees' social security numbers, payroll identification
numbers, or other comparable identifying numbers. Under the selection
process used, each employee shall have an equal chance of being tested
each time selections are made. The test conducted under this provision
will be unannounced, provided the dates for administering random alcohol
and controlled substance tests will be spread reasonably throughout the
calendar year.
Retum-to-Duty Testing. Any covered employee who has engaged in
conduct prohibited by Section G of this policy, and who has not been
terminated from employment as provided herein, shall, before returning to
Exhibit A Page 8 of 11
duty requiring the performance of safety -sensitive function, undergo a
return -to -duty controlled substance or alcohol test. With respect to a
return -to -duty controlled substance test, the result must indicate a verified
negative result for controlled substance use.
(6) Follow-up Testing. If the district determines an employee covered by this
policy who has engaged in conduct prohibited by Section G, herein,
should not be terminated, the employee, after being evaluated by a
substance abuse professional, may be granted a one-time Leave of
Absence Without Pay and be required to enroll in and successfully
complete a drug and/or alcohol rehabilitation program at his or her own
expense as a condition of returning to work. Should the district elect such
an option and should the employee successfully complete a rehabilitation
program, the employee, upon returning to work (if a position Is available),
shall initially be subject to return -to -duty testing as provided above, and
thereafter shall be subject to unannounced follow-up alcohol and/or
controlled substance testing as directed by the substance abuse
professional herein, provided, at least six (6) tests shall be conducted
within the first 12 months following the employee's retum to duty. Before
being allowed to return to work, the employee shall be evaluated by a
substance abuse professional to determine whether the employee has
properly adhered to and completed any rehabilitation program. The cost
of evaluations by the substance abuse professional shall be borne by the
employee. Follow-up testing may be continued for a period of up to 60
months from the date the employee returns to duty, but the employee shall
not bear the cost of evaluation for more than ten (10) tests. Follow-up
alcohol testing shall be conducted only when the driver is to perform
safety -sensitive functions, or just after the employee ' has ceased
performing safety -sensitive functions.
Penalties for an Employee's Positive Confirmed Test Results
(1) The School Board of Okaloosa County reserves the right to either
discharge or otherwise discipline any employee covered under this policy
who submits confirmed positive drug or alcohol test results. Further, the
School Board of Okaloosa County reserves the right not to employ any
applicant covered under this policy who submits confirmed positive drug or
alcohol test results.
In addition, employees found to have engaged in conduct In violation of
Section (G) of this policy, will be removed immediately from the
Exhibit A Page 9 of 11
(J)
performance of all safety -sensitive functions, and will in no event be
allowed to resume the performance of a safety -sensitive function unless
and/or until the employee has successfully undergone return -to -duty
testing as provided herein.
(2) The threshold for positive alcohol test results shall be 0.02. This threshold
may be considered Just Cause for dismissal. Ramifications of positive
test results shall follow Board policy. If an employee's ,confirmed alcohol
test result indicates an alcohol content of 0.02 or greater, the employee
will not be allowed to perform safety -sensitive functions within 24 hours
following administration of the test. The employee will be placed on
Unpaid Personal Leave until the employee is deemed to be qualified to
return to duty as provided herein.
Specimen Collection and Laboratory Procedures
The School District of Okaloosa County is committed to following strict specimen
collection and laboratory testing procedures to ensure the quality, integrity and
authenticity of the specimen. Drug and alcohol testing procedures will be
conducted in accordance with the procedures set forth in 49 CFR Part 40, and
promulgated by the Federal Department of Transportation (DOT). Employees
and job applicants covered under this policy have a right to consult a Medical
Review Officer (MRO) for technical information regarding prescription and non-
prescription medication. Further, employees and job applicants will be allowed to
confidentially report the use of prescription or non-prescription medications to a
Medical Review Officer before and/or after being tested, on forms to be provided.
The district will utilize a laboratory approved and certified by the department of
Health and Human Services.
(K) Confidentiality/Employee Safeguards
(1) All information, interviews, reports, statements, memoranda, and drug and
alcohol test results, written or otherwise, received by the district through
the Drug and Alcohol Testing Policy shall be treated In a confidential
manner, unless otherwise required by law.
(2) The district, any collection sites, laboratories, drug and alcohol
rehabilitation programs, and their agents who receive or have access to
information concerning drug or alcohol test results shall keep all
information confidential, unless otherwise required by law.
(L) The School Board of Okaloosa County Commitment to Educating its Employees
Regarding the Misuse of Alcohol and the Use of Controlled Substances.
Exhibit A Page 10 of 11
The Board believes education and understanding can be powerful weapons in
the fight against drugs and the misuse of alcohol. Employees armed with
knowledge are better prepared to resist controlled substances and alcohol abuse
and intervene when necessary. As such, the district maintains a current
resource file of providers of employee assistance, including alcohol and drug
abuse programs, mental health providers, and various other persons, entities or
organizations designed to assist employees with personal and behavioral
problems including, but not limited to, those referenced in the "Florida
Comprehensive Directory, Drug Abuse and Mental Services", published by the
Department of Health and Rehabilitative Services. The chief administrator of
Human Resources or his/her designee has been designated as the individual
responsible for providing information and answering any questions concerning
this policy. The name, address, and telephone number of providers of
assistance programs, substance abuse professionals, and local alcohol and drug
rehabilitation programs are available upon request to the Human Resources
Department or the Risk Management Department.
Statutory Authority. Sections 1001.41(2); 1012.23(1), Florida Statutes
Adopted: 11 /16/99
Revised: 7/13/15, 8/8/16
Exhibit A Page 11 of 11