HomeMy Public PortalAbout12-26-1995CC_sp~~
. ~
• ~'
~A~GE~ND~A ITEMS ON -FILE FOR CONSIDERATION
AT THE SPECIAL C~ITY~C®~~, ~' ~C~ ~ ~~ MEET- '
TO BE HELD ON DECEMBER 26, 1995 ~ ~~ ~1._
.. 5:30 P.M. ~ :-y ,~ a _ . W~.
COUNCIL CHAMBERS CITY HALL ~ ccs-.~ ~ _ ~`'~`.~.~ `~r.-, ,~
cti r• a~ ~. 'j~J J 7
`•1~~
.. r - .Z
PAUL H.~ RICHARDS
- MAYOR ~
LOUIS J. HEINE - . ' UI
MAYOR PRO TEM COUNCILPERSON
ROBERT HENNING ARMANDO REA
COUNCILPERSON COUNCILPERSON
CITY MANAGER CITY ATTORNEY
FAUSTIN GONZALES WII~LIAM B. RUDELL
CITY .TREASURER CITY CLERK
IRIS PYGATT ANDREA L. HOOPER
1. CALL TO ORDER
2. ROLL CALL OF COUNCIL MEMBERS
3.
Louis Byrd
t
Louis Heine ~ .
Robert Henning
Armando Rea
Paul H. Richards, II
CERTIFICATION OF AGENDA POSTING BY _THE CITY CLERK
1
'iiF-::- .ES _i:i'i~~r~:fe5ee}-z<i ~= ::
• ~ I •
- ~ SPECIAL COUNCIL MEETING OF DECEMBER 26, 1995
4. CERTIFICATION OF THE SPECIAL MUNICIPAL ELECTION
:HELD ON DECEMBER 19, 1995.
Comments:
The City is required by state law to administer the enforcement of
minimum fire safety standards to .safeguard health, safety and general
welfare by regulation and control of the construction, quality of
materials, use and occupancy, location and maintenance of all
buildings within the City.
The attached urgency ordinance amends Chapter 12 of the Lynwood
Municipal Code adopting the latest edition of the Uniform Fire Code
with various appendixes.
](recommendation:
Staff recommends the approval of the attached urgency ordinance..
5. ALCOHOL AND SUBSTANCE ABUSE POLICY
Comments:
To implement federal drug and alcohol testing regulations to provide
safe, reliable °service to the community and to maintain a safe,
healthful and productive work environment free from the influence
of alcohol and drugs which increases the potential for accidents,
absenteeism and substandard performance.
Recommendation:
-That the City Council adopt the .attached resolution entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF
LYNWOOD ADOPTING THE CITY OF LYNWOOD ALCOHOL
AND SUBSTANCE ABUSE ADMINISTRATIVE POLICY"
2
•
- SPECIAL COUNCIL METING OF DECEMBER 26, 1995..
6. DRUG TESTING ADMINISTRATOR
Comments:
. To enter into a service agreement with Addiction Medicine
. Consultants, Inc. (AMC) for the purpose of administering the full
program administration for Department of Transportation (DOT)
Mandated Drug and Alcohol Testing Programs.
Recommendation:
That the City Council approve .the attached Addiction Medicine
Consultants, Inc. Service Agreement and authorize the Mayor to -
execute the agreement.
7. PUBLIC ORALS/AGENDA ITEMS ONLY
ADJOLfRNMENT .
MOTION TO ADJOURN TO A REGULAR MEETING ON JANUARY 02,
_1996 AT 7:30 P.M. IN THE COUNCIL CHAMBERS OF THE CITY
HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA.
3
. • ~ ~ •
-RESOLUTION'NO.
-"lai RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD RECITING
THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON DECEMBER 19,
1995, AND DECLARING THE RESULTS THEREFORE"
WHEREAS, a Special Municipal Election was. held and
conducted in the City_of Lynwood, California, on Tuesday,
December 19, 1995, in the manner required by law; and
WHEREAS, notice of the. election was given in the time,
form and manner as provided by law; that voting precincts were
properly established; that election officers were appointed;. and
that in all respects the election was held and conducted, and the
votes were cast, received and canvassed, and the returns made and
• declared in the time, form and manner as required by the.
provisions of the California Elections Code for the holding of
erections in general law-cities; and
WHEREAS, pursuant to Resolution No. 95-149 adopted on'
September 19, 1995. the City Clerk canvasses the returns of the .
election and has certified the results to this City Council,.
which results are attached to this resolution as Exhibit-"A" and
made a part hereof;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LYPTWOOD, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The entire number of ballots cast in the
precincts, except absent voter ballots and provisional ballots,
was 1,599.
The entire number of absent voter ballots cast in the
City was 581, the whole number of provisional ballots cast in the
City was 157, making a total of 1,75.6 ballots cast in the City.
Section 2. The measure voted upon at the election is
. as .follows: Measure L. -
Section 3. The number of votes given at each precinct,
and the number of votes given in the City ,for and against the
measure, were as listed in Exhibit "A" attached.
Section. 4. The City Council declares and determines
that, as a result of the election, a majority of the voters
voting on Measure L did"not vote in favor of it, and the measure
was not carried, and shall not be deemed adopted and ratified.
Section 5. .The City 'Clerk is directed to enter on the
• records of the City Council, a statement of the result of the•
election, showing: (1) the whole number of .ballots cast in the
City; (2) the measure voted upon; (3) the total number of votes
for and against the measure.
Section 6. The City Clerk is directed 'to certify to
the. passage and adoption of this resolution and to enter. it into
the book of original resolutions.
;PASSED, APPROVED AND ADOPTED ON DECEMBER 26, 1995.
MAYOR PAUL RICHARDS, Mayor
AGENDA ITEM
r • •
.ANDREA L. HOOPER, City Clerk
APPROVED AS TO FORM:
WILLIAM B. RUDELL, City Attorney
• STATE OF~CALIFORNIA )
SS.
COUNTY OF CALIFORNIA )
I, the undersigned, City Clerk~of the City of Lynwood,
do hereby certify that the foregoing resolution was passed .and
adopted by the City Council of the City of Lynwood at a regular
meeting held on the 26th day of December, 1995.
AYES:
NOES:
ASSENT:
• City Clerk, City of Lynwood-
STATE OF;CALIFORNIA )
SS.
COUNTY OF LOS ANGELES ) ~ •
I, the undersigned City Clerk of the City of Lynwood,
and Clerk of the City Council of said City, do hereby certify
that the above and foregoing is .a full, true and and correct copy
• of Resolution No. on file. in my office and that said
resolution was adopted- on the date and by the vote- therein
stated.
Dated this 26th day of December,-1995.
. City Clerk
. •
- ~ •
DATE• December 26, 1995
TO: Honorable Mayor and Members of the City Council
FROM: Faustin Gonzales, City Manager
BY: Gerald Wallace, Fire Chief
SUBJECT: To request City Council approval of an urgency ordinance
adopting by reference the latest editions of the 1994
Uniform Fire Code.
Purpose:
To secure approval of the various building and safety codes in
order to allow the City to keep up with the recent changes and code
modifications in order to maintain the :health, safety and general
welfare. of the community.
Facts:
The .City is required by State law to administer the enforcement of
minimum fire standards to safeguard the health, property, safety
and general welfare by regulating and controlling .the fire safety.
From time to time the Uniform Fire Code is updated to reflect the
latest technological advances and changes in fire safety standards.
Analysis:
The attached urgency ordinance amends Chapter 12 of the Lynwood
Municipal Code adopting the latest edition of the Uniform Fire Code
with various appendixes. Also included are amended sections in the
municipal code regarding administration and enforcement of the
various codes. The adoption of the revised codes will allow the
City to continue to control and regulate fire safety in the most
effective and efficient manner possible.
Recommeadation:
Staff recommends the approval of the attached urgency ordinance
adopting by reference-the 1994 Uniform Fire Code and the various
appendixes.
AGF~ ZTi~i
•
C~
CITY OF LYNWOOD
•
LOS ANGELES COUNTY, CALIFORNIA
ORDINANCE NO.
FOLLOWS:
AN ORDINANCE OF THE CITY OF LYNWOOD ADOPTING
BY REFERENCE THE UNIFORM FIRE CODE, 1994
EDITION, AND THE APPENDICES THERETO; AMENDING "
THE LYNWOOD MUNICIPAL CODE AND DECLARING THE
URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS
Section 1. Section 12-1 of Chapter 12 of the Lynwood
Municipal Code is amended in its entirety to read as follows:
"12-1. FIRE CODE
12-1.1 FIRE CODE ADOPTED. Except as hereinafter
provided, the Uniform Fire Code, 1994 Edition, and the. appendices
thereto, as promulgated and published by the International Fire
Code Institute, the International Conference of Building
Officials, and the Western Fire•Chiefs Association, is adopted by
reference and incorporated herein as though fully set forth and
shall constitute the Fire Code of the City. A copy of that Code
has been deposited in the office of the City Clerk for use and
examination. by the public. In the event of :any conflict between
a provision of the Uniform Fire Code and a provision of the
California Fire Code that is applicable to cities, as contained
in Part 9 of Title 24 of the California Code of Regulations, the
provision of the California Fire Code will prevail.
12-1.2 AMENDMENTS TO THE FIRE CODE.'
a. Subsection 105.2.2 of the Fire Code, entitled
"Expiration," is amended in its entirety to read as follows:
"A permit issued under this Fire Code shall continue
until revoked or for such a period of time as
designated therein at the time of issuance; provided,
however, that no permit shall .continue in effect for
more than five (5) years. Permits shall not be
transferable, and any change in use, occupancy,
operation or ownership shall require a new permit."
b. Subsection 7802.3 of Article 78 of the~Fire Code,
entitled "Prohibition," is amended in its entirety to read as
follows:
"Except as specifically provided in this subsection and
in Section 12-2 of this Chapter 12, it is unlawful for
any person to possess, store, offer for sale, expose
for sale, sell at retail, or use or explode any.
fireworks; provided, that the Chief~is authorized to
adopt reasonable rules. and regulations for the granting
of permits for supervised public displays of fireworks.
by the City, fair associations, amusement parks, and
other organizations, or for ,the uselof fireworks by•
artisans in pursuant of their trade. Every such
display or use must be handled by a qualified operator
approved by the Chief, and shall be of such a nature,
and located, discharged or fired in such a manner that,
in the opinion of the Chief after proper investigation,
it will .not be hazardous to property or endanger any
person." ~
c. Section 1003 ("Fire-Extinguishing Systems") of the
Fire Code is amended by adding the following language to
Subsection 1003.1 thereof:
951212 10512-00001 syc 0592356
.,
"Subject to the approval of the Building Official and
with the concurrence of the Chief, an automatic
sprinkler system is required to be installed in
connection with the following:
(a) Any new building constructed as a nonresidential
occupancy that exceeds ten thousand (10,000) square
feet of floor area; and
(b) Any existing nonresidential building having less
than ten thousand (10,000) square feet of floor area
which, after completion of major alterations or
- additions, will have in excess of ten thousand (10,000)
square feet of floor area.
Any automatic sprinkler system installed in a
nonresidential building described above in
subparagraphs (a) and.(b) must be equipped with a
device, approved by the Chief, that automatically
transmits a water flow alarm to the Fire Department
upon activation of the system.
Exception: These requirements do not apply to any
freestanding parking structure. The term "freestanding
parking structure" means a garage with one or more
levels devoted solely to parking that is structurally
independent and not part of a larger building. A
garage is deemed to be structurally independent even
though it is connected to another building by
pedestrian bridges."
d. Article 79 ("Flammable and Combustible Liquids") of
'the Fire Code is amended by amending Subsection 79.02.2.2.1
thereof to read as follows:
"7902.2.2.1 Locations where aboveground tanks are
prohibited. Storage of Class I and II liquids in
aboveground tanks outside of buildings is prohibited
everywhere within the City limits except on property
zoned M by the Zoning Ordinance."
e. Article 79 ("Flammable and Combustible Liquids") of
the Fire Code is amended by adding the following language to
Subsection 7904.4.1:
"No new bulk plants or terminals may be located
anywhere within the City limits except on property
zoned M by the Zoning Ordinance."
f.. Article 82 ("Liquified.Petroleum-Gases") of the
.Fire Code is amended by adding the following language to
Subsection 8204.2:
"No~bulk storage of liquified petroleum gas is
authorized anywhere within. the City limits except on
property zoned M or C-3 by the Zoning Ordinance."
g. Article 77 ("Explosive Materials") of the Fire Code
is amended by amending Subsection 7701.7.2 thereof to read as
follows•
"7701.7.2 Limits established by law. Storage of
explosive materials~is prohibited everywhere within the
City limits except on property zoned M by the Zoning:
ordinance."
h. Subsection 103.1.4 of the Fire Code, entitled
"Appeals," is amended in-its entirety to read as follows:
"103.1.4 Board of Appeals
951212 10512-OOOOIsyc'0592356 - 2
7
a. General. In order to determine the suitability of
alternate materials and types of construction and to
provide for reasonable interpretations of the
provisions of this Fire Code, a Board of Appeals is
established consisting of five members, all of whom
shall be duly elected members of the City Council. The
Chief•shall be an ex officio member. and shall act as
Secretary of the Board. The Board may adopt reasonable
rules and regulations for conducting its proceedings.
b. Appeals. Appeals to the Board of Appeals shall.be
processed and determined in accordance with the,
provisions contained in Subsection 11-1.2 of Section
11-1 of Chapter 11 of the Municipal Code."
Section 2. The modifications to the Uniform Fire Code
enacted by this Ordinance are merely a_,continuation of similar
modifications made to earlier editions of this uniform code, and
all of these modifications, whether previously enacted or enacted
in this Ordinance, are reasonably necessary because of local
climate, characterized by hot, dry summers, followed by strong
Santa Ana winds and heavy winter rains, the location in Southern
California, and the relatively flat terrain of the City
characterized by geologic instability. •
Section. 3. To the extent the provisions of this
Ordinance are substantially the same as previous .provisions of
the Lynwood Municipal Code, these provisions will be construed as
continuations of those provisions and not as new enactments.
Section 4. State law requires that localities adopt
the uniform bulding_and,fire codes, and any modifications
thereto, by December•28, 1995. It is essential that the City
have in effect. on that date uniform building and fire codes that
comport with state law and contain those modifications
necessitated by unique geographic, geologic and climatic
conditions. In the absence of immediate effectiveness, the
provisions of the uniform building and fire codes unique to the
City's special circumstances will not be in place, and this will
have a detrimental effect on the public health, safety and
welfare. The modifications to the uniform building and fire
codes contain vital provisions regarding, administrative.
procedures, fire prevention, fire suppression, and other similar
matters necessitated by the City's exposure to-Santa Ana winds.
and relatively flat terrain characterized by geologic
.instability. For these reasons, this Ordinance is an urgency
ordinance necessary for the immediate preservation of the public
peace, health and safety within the meaning of Section 37937(b)
of the Government Code. Therefore, this Ordinance takes effect
.immediately.
• Section 5. This Ordinance is effective upon adoption
and becomes operative on December 28, 1995..
.Section 6. The City: Clerk is directed to certify to
the passage of this Ordinance and to cause it to be published or
posted as required by law.
PASSED, APPROVED and ADOPTED this day of
1995.
ATTEST:
Paul H. Richards,. II, Mayor
Andrea L. Hooper, City Clerk
City Attorney
951212 10512-00001 syc 0592356 - 3 -
DATE:. December. 26, 1995 •
TO: Honorable Mayor and City Council Members
FROM.: Faustin Gonzales, City Manager ~-
BY: Gail L. ;Black, Director of Human Resources ~~~.
,. .
SUB~TECT: ~ `ALCOHOL A1~1D SUBSTANCE ABUSE .POLICY.
PURPOSE
-'` - To implement federal .drug and- alcohol testing regulations to
..
provide safe, reliable service to the community and to: maintain a
safE., ..healthful ,and productive work ..environment free ~ from the
. influence of alcohol and drugs which increase the potential for
accidents, absenteeism, substandard ,performance or poor .employee
. morale',
~BACKGROUND
'The Drug-Free 'Workplace Act requires .all individuals and
-. .. institutions receiving. federal. grants or contracts to establish a~` .'~
-drug-free: work place. A5 a recipient of federal funds,' the City
_maintains.and.is:committed to maintaining a'drug-free. work place.
As dart of the City's commitment to~ a drug-free work place, the
City has established a" drug-free awareness program to inform
employees about the dangers of .drug abuse 'in the work place, the
• City! s policy of maintaining a drug-free•_work place., available drug.
..,. ,
counseling, rehabilitation and employee. assistance programs, as. ~~
- well:-as~ he penalties that may be imposed. upon employees for drug•.~
abuse violato"ns. _ ,
._ ,., .. -
,.,
~~ :~ ~ The City's alcohol 'and substance abuse administrative policy
incorporates the Omnibus Transportation Employees Testing Act of -
. 1991 ("OTETA"), that in order to protect the public, the greatest
- efforts must be expended: to eliminate the abuse of alcohol and-use -
of_ illegal drugs.,. whether on duty. or off duty, by• employees who.
operate certain vehicles. The OTETA and the implementing
regulations .promulgated by the United States Department of. ,
•, - ~~ ~ Transportation ("DOT") . seek to achieve this by 'mandating that .the
• City establish a program to conduct pre-employment, reasonable
~.suspicion,.random, post-accident, and follow-up..drugand alcohol
testing of~ employees who operate commercial and certain other .motor
. vehicles. Y
The meet and confer process was. conducted with the .three employee
groups. ~ Uponadoption by the City Council all employees wall
- ~ receive .and, acknowledge.. recept..of the adopted administrative
...
policy. ~ ~ ,
RECO.[~II~IENDATION .:
That the .City Council. adopt the=attached .resolution entitled:. "A -
;. ~~ Resolution of the .City Council of the City. of Lynwood Adopting the.,
-. :; ~ City of Lynwood Alcohol and Substance Abuse Administrative Policy."
A RESOLUTION OF THE CITY COUNCIL OF THE
~.
,. ~ _
~-. ~ ,
,. ^. .
' DATE. ~ ~December'26, ,1995 `
' ~ TO• ,, Honorable Mayor and City Counci
- 1 Members
FROr2: Faustin Gonzales, City Manager
.. .BY:' Gail L. Black,- Director of Human Resources ,~f,~-
SUB~TECT: DRUG TESTING ADMINISTRATOR
PURPOSE
To -enter into a service -agreement with Addiction ~ Medici.he
- Consultants,-Inc. {AMC) for the :purpose of administering: the ful•1
` program administration for Department. of Transportation (DOT) '.
."Mandated Drug and Alcohol Testing Programs. '
BACKGROUND -
Effective January. 1, 1996 every employer` in the United States whb
. _, employs- drivers of "commercialmotor vehicles" must adopt a
' ,comprehensive drug. and alcohol.test`ng policy which is consistent
. ~wtY the ,DOT regulations. ~ .
A commercial-vehicle is a vehicle.witYi a gross combination weight
;of ~t .least 26, 001 pounds inclusive of a towed unit with ~a gross
. -_ ¢ .
vehicle weight ratting'of more .than` 10;000 pounds. ..
The°City._currently has 15~empl~oyeeswho.drivevehcles which fall.
under the commercial vehicle definition and require, them to .~
" maintain a Class-A license.
..
`The DOT regulations` require .that a random drug test will be '
~admi.nistered to at ..least 50%, of the -total number of covered ~»
' - employees- each. year. The City will further subject at least. 25% of -
- ~ ' the total number of covered employees .to .random alcohol testing per _ • .
year:. Some employees .may be aested more than once a year, while
,others are:not"tested at all depending on the random selection.
. ~ AMC's. clients include the Counties of Riverside,, San Bernardnq,,,
- -and Los Angeles; the. Cities of Riverside, San Bernardino;.
Huntington Beach, Oxnard,•and Lompoc; the'School~•Dstricts of_San
' Bernardino, Riverside ,.and-Amador Counties.
'` AMC wild provide a complete DOT drug.and alcohol testing program` -
for a flat fee of $50:00 per .covered employee per year, 'This fee
`. ~is inclusive of-urine drug tests,;"breath alcohol tests, substance
. `abuse assessments, ysupervisor~trainng, and all-:.random testing,
,.,
administration and recordkeepng. The ,annual • management . fee is ": -.
".. $200.00. At the current. employee. level the totalcharge would.ibe
- $950.00.• The current professional and~cbntractual services budget -`~ '
. for the Personnel~Dvision is sufficient to cover the•costs. ~ -
. ,
RECGoMMENDATION
That. the City Council approve the attached Addiction Medicine
' Consultants, Inc. Service. Agreement and authorize the Mayor
' to execute the agreement. •
• - -
. ~ ,. '
~~ .
. . • ADDICTION MEDICINE CONSULTANTS, INC. .
. SERVICE AGREEMENT •
.. This
~ 'Agreemern is made (date) by and between ADDICTION. MEDICINE CONSULTANTS,' '
_
INC :, a California corporation, (and hereafter called "AMC") and (and .
', • hereafter called the."Client"), and defines the services that AMC will provide to the Client '
L ~ PROGRAM TERM -This Contract Agreement will become effective on January 1, 1996 and will remain in
, effect for a period of one year ending on the anniversary date of this Contract Agreement. This Contract
Agreement is renewable on a one year;basis following the initial one year Contract Agreement Term. '
~. , II. PROGRAM FORMATION: ._
' ~ Administrated "AMC Program Services-See Attachment A:
• III:. PROGRAM II4IPLEMENTATION -The Program objective is to provide consistent, objective, fair ,
'• "" `, ,and manageable .procedures fordrug screening and testing for client compliance requirements
'
,
(reporting, record keeping, random selection etc.). '
Implementation of this Contract Agreement will proceed as follows:
°' A'. Client will provide AMC with a complete list of company locations and employees at each of these locations
_
-• requiring urine specimen collection and testing in the format designated by AMC.
B. :AMC will recommend Drug-Free Workplace Policy concerning compliance with Mandated Federal
• :Regulations to the Client under the terms and conditions of this Contract Agreemenrfor review by Client's
.staff and attorneys, subject to acceptance, and adoption by the Client. AMC can.also review current
. client policy and suggest changes. ~ ~ .
. ~ ' C. ,AMC will conduct employee drug testing and establish selection protocols to include any or al] of the _ • '
..
' ., ;
following types of testing as requested by client company: ~ -~ '
. 1. Pre-employment 4. Post-accident .
. 2. Reasonable-Suspicion. :5.. Fo(low-up •
:.
. ,. 3. Random .. ~ ~ 6.. Return to Duty .
` ~ D.
• ~ AMC will rovide the Client. with a list of a roved s '`
p pp pecimen collection centers for: collection of biological '
' specimens. AMC will monitorcollection center procedures and replace specimen collection centers if
: deemed necessary by AMC,
E. ' ~ AMC will utilize laboratories certified by SAMHSA.for the testing of biological specimens. ~ _
' F. , ~ AMC will provide review and reporting of test results .performed by authorized Medical Review Officers • •, .
(MRO) contracted or employed by AMC..
G, .. AMC will maintain Client and employee records. ~ - `
_ ~:
r - H. ~ AMC will provide Federal and corporate reporting and certification (when required) of Client. •
- IV. COORDINATION OF ACTIVITIES -AMC will coordinate. the activities, described in ~ •
. 'F „ ~ . . Paragraphs II and III, through designated persons within the Client organization. The Client must make, in •
. writing to AMG, the designation. of these individuals, as well as any changes in these named individuals. ~ , ' •
•~ ' V. ' WDEMNIFICATION = AMC is an independent contractor providing the Client with the - • '
administration of mandated and non-mandated drug intervention programs. described herein, and a rystem of ~ ,
. ~ services to support the reliability of such a program in legal: and administrative proceedings. AMC agrees to
indemnify and hold harmless the Client from and against any and all' claims, including. any and' all damages, -
` Losses, expenses, attorneys' fees, cost and liabilities_arising out of AMC's submission of data or analytical ~ •
_
,! .. results which are false or incorrect, whether as a result of willful, intentional or negligent act or omission. '
-
~!
- ~ ~ ,I ,
...
.. .. << 1
'. - _ _
~. .,
AMC is an independem contractor providing the. Client with the administration of mandated drug
° ~ ~ .. 'intervention programs. described': herein: AMC does not have ariy control of the rnforcement of the Client's '
` policy or actions of the Clirnt's personnel. As an independent contractor, AMC shall not be deemed to be ' •
` ~ engaged either directly or indirectly in the business of the Client or deemed to be an agent of the. Client, • • -
" except to the extent necessary to comply with applicableU.S. Department of Transportation, Health and ' .
.. ' ; 'Human Services regulations, or corporate contract testing mandates.
The Client agrees to indemnify and hold harmless AMC, its parents, subsidiaries and affiliates from `
•. i ,any claims including any and all damages, losses, expenses, attorneys' fees, cost and liabilities brought by . _
. third parties,• of whatever nature, allegedly, arising out of or resulting tiom any willful act cr any negligent
..
act of omission on the, part of the Client, its agents or employees, whether or not the party actually bringing - - -
' .. . . 'the claim actually prevails.
' VL FORCE MAJEURE -AMC will not be responsible or liable to the Client for failure or delay in
performance which results from or is due to, directly or indirectly and in whole or part, any cause or °
' circumstances: beyond the reasonable control of AMC.
• ~ °'vII. APPLICABLE LAW,-This Contract will be construed under the laws of the State of California.
• VIII: TERMINATION OF AGREEMENT. - If the Client terminates this agreement or is suspended, full _~ ~ . - ~ ;
' ' . <, responsibility for their corporate and federally mandated duties will transfer to the Client at the me of - `
° contract termination or suspension. Such duties-include, among others: (i) reporting, (ii) records '
' '" maintenance; and (iii) ensuring confidentiality and security of any confidential:information: AMC will
- provide the Client with any information related to this transfer in the format in which AMC has the
information stored. Ternunation will.. not occur until AMC has received payment in full of all ouutanding
' obligations by the Client up to date of termination.: ~ ~ '
' . ~ 'IX. MODIFICATION -This agreemem may be modified at any time by the mutual written consent of both
` ~ ;.parties. All notices, demands and/or other communications affecting the provisions of this agreement
' . shall be made in writing by either party and delivered to the other party at last known address of the party ,
" ° entitled hereto, within flee (5) btuiness days of any verbal communication and/or modification that may
arise. - -
"_ Please sign both copies of this Contract Agreement to indicate your acceptance of the Terms and -
"Conditions. Keep one ezecuted original and rehrrn one ezecuted original to AMC. '
_. , . .
. Accepted by: - ;:. Accepted by:
ADDICTION MEDICINE CONSULTAi~ITS, INC. ~ ' ` -
_ .. ~-.
".' _ Signature Signature
., .~ ,
' .. '
David Herold .. ~, : ` `
.Name ~ Name :
..
' ~ . ,President . ..
•~. `...Title -
Title .:.
... ~ . ~ ..December 31. 1995 ~ "
. ~~ Date - .. . .
°
_ - ..
,.
2
;:+.
ATTACHME~iT A
ADDICTION MEDICINE CONSULTANTS (AMC)
Administrated Program Services and Fee Schedule
Program Services Include:
Urine Drug Test (Emit Screen with GCMS Confirmation) . Collection Site Selection
SAMHSA Certified Laborazory for all Urine Drug Tests MRO Services for all Urine Dn:g Tests.
Chain of Custody Forms and Collection Supplies Transportation to SAIVIHSA Lab
Random Selection Generation for Covered Employees Policy and Procedure Design
Supervisor Training & Educational vtaterials Employee Record Administration
Storage of Positive Specimen as Required by D:O:T. Test Reporting
Blind Sample Submission Compliance Federal Reporting as Required
Alcohol Breath Testing as D.O.T. Requires Substance Abuse Professional
- Effective From January 1,1996 to December 31,1996
AMC will provide a complete D.O.T. drug and alcohol testing programfor a flat fee of
$50.00 per covered employee per year. For 40 covered drivers the annual fee is
. $2,000.00. AMC would provide up to: 25 urine drug tests, 15 breath alcohol tests, =1
substance abuse assessments,. supervisor traininU, and all random testing
administration and recordkeeping. Services be~~ond those listed above would be
charged by the fee schedule listed below.
A~1C's Itemized Fee Schedule
(For services beyond the specified covered drivers)
Program Cost Per Urine Requisition Processed 535.00
Breath Alcohol Per Test Mobile, On Site, or at SBCL Site. ~ S25.00
- After Hours Collection and Testing 5125.00
Supervisor's Training Progt•am per hour $100.00
. Employee's Training Program per hour 5100.00
Substance Abuse Professional per session 580.00
Annual Management Fee SZ00,00
D2 Isomer Confirmation Test - S65.00
6-MA.M Confirmation Test ~ 565.00
Split Specimen GC/MS Confirmation Test 5125.00
Rates for services are based upon current market contracts; adjustments is rates can occur with the agreement of both parties.