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Contract - Datco 2013-04-25 D O,. J, servicze orporotlon 'fie Moi,eer.r r •and AtohN CO�mpi+once °' Summary of Services provided by DATCO for only $7.95 per employee per month: Specifications As a third party administrator, DATCO proposes to provide a full service drug and alcohol testing program. The services contained herein will provide you with a comprehensive, full service program. This quotation includes DOT testing for employees identified by you and is designed to include all of the following services: A Drug and Alcohol Policy, Employee and Supervisor training as per the DOT Omnibus Transportation Employee Testing Act of 1991, Substance Abuse Prevention Literature, DOT alcohol and 5-panel drug testing, Chain of Custody Documentation and Monitoring, Medical Review by a licensed physician, Employer and Employee Notification of positive tests, MIS Statistical Analysis, Reports of test results as required,Annual DOT required reporting, 24 hour Customer Service, SAP referral list, Professional Vocational Rehabilitation Consultation, Substance Abuse Hotline numbers, and an Expert Witness program. Drug and Alcohol Policy DATCO will provide a Drug and Alcohol policy which complies with the Department of Transportation Omnibus Employee Testing Act of 1991. The policy will meet all of the mandatory criteria described in the Act and include your philosophies. Drug Screening DATCO will provide employees (and applicants for Pre-Employment)drug testing at DHHS(SAMSHA) laboratories and establish selection protocols and split specimen testing under established DOT guidelines to include: a. Pre-employment c. Random e. Return-to-duty b. Reasonable Suspicion d. Post-accident f. Follow-up DATCO will notify each employee in writing, through a designated employee, for random and follow-up drug tests. DATCO will also manage Post-Accdent, Reasonable Suspicion, Pre-Employment and Return-to-Duty tests. Each drug test will be evaluated by our Medical Review Officer. Alcohol Screening DATCO will provide employees alcohol testing at mutually convenient locations and establish selection protocols under established DOT guidelines to include: a. Reasonable Suspicion c. Post-accident e. Follow-up b. Random d. Return-to-duty DATCO will notify each employee in writing, through a designated employee, for random and follow-up alcohol tests. DATCO will also manage Post-Accdent, Reasonable Suspicion, and Return-to-Duty tests. Written Reporting Requirements DATCO will compile all of the data collected by our offices, and will provide reports and statistical analysis as required under the law. DATCO will analyze all drug and alcohol testing and generate all required federal reporting outlined in DOT regulations for compliance with the Act. Those reports will detail the findings of the overall screening program. DATCO maintains statistical information and provides to the Client reports, as required, of all testing activities and test results. Federal Audits • DATCO is a full service drug and alcohol testing compliance company and will assist with federal audits when necessary at-no additional charge. 2280 Grass Valley Highway, Suite 232, Auburn CA, 95603 (530) 268-8101 Fax (530) 268-9060 . , o II IIIIII IIIIII IIIII IIIII IIII U servIcDO orporotion 'Me.Pioneer.l.•. .'and Alcohol Conpeince`" Member Agreement This Agreement is made AVrl , 20 [3, by and between DATCO Services Corporation, (DATCO), a California Corporation, with its principal place of business located at 2280 Grass Valley Highway, Suite 232, Auburn, CA 95603 and Costa Mesa Sanitary District with its principal office located at, 628 West 19th Street, Costa Mesa, CA 92627, hereinafter referred to as(Member). DATCO provides Department of Transportation compliance for drug and alcohol testing and reporting. Member wishes to retain DATCO to administer a drug and alcohol testing and reporting program, as set forth in the DATCO Administrative Procedures. Now, therefore, the parties agree as follows: . I. PROGRAM TERM -This Agreement will become effective on the date on which it is signed by a representative of Member, however, DATCO reserves the right to approve any proposed changes to the terms of this Agreement before providing any services to Member. This Agreement will remain in effect for a period of three years ending on the third anniversary of the effective date of the Agreement. This Agreement shall be renewed, after its initial three(3)year term for additional one year terms, provided Member does not give DATCO sixty(60)days written notice of nonrenewal prior to the end of the term, as extended. II. PROGRAM SERVICES 5 Panel Drug Testing Employee Record Administration DHHS Certified Laboratory Statistical Reporting Certification Verification EBT Alcohol Testing Alcohol Confirmation Transportation of Specimen MRO Services Test Reporting Collection Site Collection Materials Emit Screen GC/MS Confirmation Computer Generated Random Selection Drug and Alcohol Policy SAP and EAP Referrals Consulation Employee and Supervisory Training III PROGRAM ADMINISTRATION - DATCO's objective is to provide consistent, objective and ' complete drug and alcohol testing, training, data management and reporting for its Members. DATCO's drug and alcohol testing compliance program will be administered for Members as follows: A. Member will provide DATCO with a complete list of company locations and a completed listing of each covered employee. B. DATCO will maintain information regarding the status of Consortium Employee Members on the DATCO database and make such information available to Members in good standing. C. DATCO will provide for employee drug and alcohol testing under established Department of Transportation guidelines to include the following types of tests: 1. Pre-employment 4. Post-accident 2. Resonable Suspicion 5. Return to duty 3: Random 6 Follow-up D. DATCO will provide the Member with a list of approved specimen collection sites for collection of biological specimens. DATCO will review collection sites procedures and replace specimen collection sites if deemed necessary by DATCO or the Member. E. DATCO will utilize laboratories certified by Department of Health and Human Services("DHHS") for the testing of biological specimens when required by the Department of Transportation or other mandated Federal testing programs. Testing not mandated by Federal regulations will be performed by laboratories certified by either the Department of Health and Human Services or the College of American Pathologists. . F. DATCO will provide reporting of all test results performed by the authorized Medical Review Officers (MRO)contracted for, or employed by, DATCO. G. DATCO will maintain Member and Employee history of drug and alcohol records. H. DATCO will provide and maintain Federal and Member reporting and certification. I. Member agrees to pay DATCO for the services set forth in Section II above, at the current published rates as set forth on the DATCO Price Schedule attached hereto as Exhibit A and incorporated into this agreement. • IV. CONSORTIUM-The Member agrees to become a member of a consortium for purposes of complying with Department of Transportation regulations. The Department of Transportation regulations are for the purpose of, but not limited to, insuring large enough random selection pools for Drug and Alcohol testing and insuring meaningful and valid drug and alcohol information for statistical analysis. V COORDINATION OF ACTIVITIES- DATCO will coordinate the activities, described in Paragraph III, through the Member company's designated supervisors. The Member must supply DATCO, in writing, a list of their supervisors. Additionally, the Member must notify DATCO, in writing, of any changes in their supervisory personnel. VI. INDEMNIFICATION-DATCO is an independent contractor providing the Member with the administration of mandated and non-mandated drug intervention programs described herein. DATCO agrees to indemnify and hold harmless the Member from and against any and all claims arising out of DATCO's reporting of data or analytical results to the Member which are false or incorrect, whether as a result of willful, intentional or negligent act or omission. DATCO is an independent contractor providing the Member with the administration of mandated drug intervention programs described herein. DATCO does not have any control over or assume any liability for the enforcement of the Members policies or for the actions of the Member's personnel. As an independent contractor, DATCO shall not be deemed to be engaged either directly or indirectly in the business of the Member nor deemed to be an agent of the Member, except to the extent necessary to comply with applicable Department of Transportation, or Member contract testing mandates. The Member agrees to indemnify and hold harmless DATCO, its officers, agents, employees, subsidiaries and affiliates from any liability, loss, or damage resulting from any claim brought by third parties, of whatever nature, allegedly, arising out of or resulting from any willful act or any negligent act or omission on the part of the Member, its agents or employees, regardless of whether or not the party bringing the VII FORCE MAJEURE- DATCO will not be responsible or liable to the Member 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 DATCO. VIII PAYMENT TERMS- Payment terms are net ten (10)days after the date of any invoice of DATCO to the Member. All overdue payments shall be subject to an additional interest and service charge calculated at the rate of one and one half percent(11/2%) per month from the due date until the date of payment. DATCO may suspend or terminate this Agreement if Member does not pay any invoice within 60 days after the date of the invoice. IX. LOSS OF VERIFICATION -Should the Member for any reason violate the terms of the Contract Agreement, DATCO will have the right to suspend or terminate this Member Agreement if the violation cannot be corrected to DATCO's satisfaction. DATCO will notify the appropriate contracting or regulating agency of the suspension or termination. X APPLICABLE LAW-This Contract will be construed under the laws of the State of California. XI. TERMINATION OF AGREEMENT- If this Agreement is suspended or terminated for any reason, the Member assumes full responsibility for administration of its Company and Federally mandated drug and alcohol testing programs including but not limited to: (i) reporting, (ii) records maintenance; and(iii)ensuring confidentiality and security of any confidential information. DATCO will provide the Member with any information reasonably necessary for this transfer of responsibility. DATCO may refuse to transfer information relating the services provided under this Agreement until such time as DATCO has received payment in full for all outstanding obligations by the Member. Please sign and return one copy of this Contract Agreement to indicate your acceptance of the Terms and Conditions. Accepted by: Costa Mesa Sanitary District gnature DATCO Services Corporation 50 h 1 I Cheryl Smith IN�L j V r1/ l Operations Supervisor Print Name &6���' *n im � Title I Date Purchase Order# I.D. # Contract# EXHIBIT A COMPENSATION Costa Mesa Sanitary District The following represents the dollar amount for DATCO's services: Total cost per employee per month: $7.95 This price covers all costs related to Department of Transportation regulations regarding alcohol and controlled substance testing and reporting, no cost rental video training tapes and a sample Controlled Substance Policy with Procedures. The price quoted is for testing AT DATCO PROVIDED TESTING SITE(S). Average number of employees per year: 4 Total cost per month: $31.80 Annually this amounts to: $381.60 New-hire testing provisions: For each new-hire controlled substance test: $52.00 For each new-hire alcohol test: $35.00 A 4% violation rate is provided for in this quotation. Should your actual experience exceed these limits, DATCO reserves the right to surcharge for testing in excess of the above amount as follows: For each controlled substance test: $52.00 For each alcohol test: $35.00 This quotation does not include the cost for SAP services. However, an SAP referral listing in your area is available upon request. Additional costs are as follows: Expert Witness (per hour): $350.00 to a maximum of$950.00 for an eight hour day. [Includes all of the following professionals: MRO, BAT, SAP and Laboratory Officials]. On Site Training (per hour plus expenses): $225.00 SAP Services: $695.00 Per Violation Experience: SAP services include the formal (initial) assessment, evaluation, recommendation for treatment or education, subsequent monitoring, and return-to-duty agreement language. The SAP will monitor each violated safety-sensitive employee's overall progress for a minimum of one year and as long as five years after that safety-sensitive employee is returned to duty. Dor , c, -6- II IIIIII 111111111 I II111I I U servic corporation Primary Contact: Anna Sanchez Employee List Secondary Contact: Company Email 1: asanchez @crosdca.gov • Costa Mesa Sanitary District Email 2: 628 West 19th Street Costa Mesa CA 92627 Telephone: (949) 645-8400 New Contact: Facsimile: (949) 650-2253 Change to: Employee Name Social Security# Pool Status t'St itboon CAN() oIo- i55-ff oR$ J o kl 0 rtl I 501. 91- $r" • IttrAkAnitA WAAPYT 1/28 - ,1-9-1)2.6 1 pctimo iPrrr \A 6661- 5,1v-1 . Pool Status: O=Supervisor 1=Driver 2=Supervisor/Driver 3=Transit Driver 4=Mechanic 7=Non-DOT 96=Other Use for Status Changes ©2002 DATCO Services Corporation 2280 Grass Valley Highway Suite 232 Auburn CA 95603 EMPLIST (530) 268-8101 Fax (530) 268-9060 ' , 1111111111111111 servic -D@ orporation The Pioneer ol. •and Alcohol Conpllonee' For: Costa Mesa Sanitary District Please indicate the type of policy your company will be implementing Termination Policy: a positive test result will result in immediate termination of employment. Rehabilitation Policy: an employee with a positive test result will be given the opportunity, usually at his/her expense, to be evaluated by a Substance Abuse Professional and be required to complete the treatment program and follow-up testing protocol outlined by the SAP. Combined Policy: Both DOT and non-DOT employees will be subject to the following testing: [ ] pre-employment [ ] post accident/injury [ ] random [ ] reasonable suspicion/cause The consequences of a positive test will be: [ ] Rehabilitation [ ] Termination 2280 Grass Valley Highway, Suite 232, Auburn, CA 95603 (530) 268-8101 Fax (530) 268-9060 /k servic -n orporation The Pioneer of Drug and Alcohol Compliance - Standard Operating Procedures (Send By) 10-Apr-13 Authorized by: Anna Sanchez Company: Costa Mesa Sanitary District Phone: (949) 645-8400 Fax: (949) 650-2253 Email: asanchez@cmsdca.gov We will be sending your invoices, random selection notifications and various other correspondence and forms to you electronically. There are three options. Please mark which option you prefer: (V( E-mail - Please provide your a-mail address: an(*Veit `!�' `v� 104 ( ) DropBox This method is amazingly easy to use. DATCO places items into a secured file folder on our computer network, an electronic notification pops up on your computer and you retrieve those items from a file folder located on your computer desktop. You can even send us items utilizing the same file folder without the need to fax or e-mail! The "DropBox" is confidential, free to use and everything is right at your fingertips since DropBox can be used via a web browser or apps built for iPhone, iPad, Android devices or other smart phones and tablets. To activate this option, an invitation will be sent to your e-mail. Please provide your e-mail address: ( ) Secured Fax - Please provide your secured fax number: By utilizing this option, I certify that the fax number provided above is secure. Signature: Signed on this day of , 2013 2280 Grass Valley Highway (530) 268-8101 Suite 232 Fax: (530) 268-9060 Auburn, CA 95603 datco @datcoservices.com www.datcoservices.com servic -4 orporation The Pioneer of. •and Alcohol CompDance" Standard Operating Procedures (MRO Code) 10-Apr-13 Authorized by: Anna Sanchez Company: Costa Mesa Sanitary District Phone: (949) 645-8400 Fax: (949) 650-2253 11E11 1111 11111111 Email: asanchez@cmsdca.gov When the Medical Review Officer (MRO) verifies a laboratory test result as positive, the MRO is required to report those positive results to either a Designated Employer Representative (DER) directly, or a Consortium/Third Party Administrator (C/TPA) acting as an intermediary. Your Company has elected to allow DATCO, as your C/TPA to act as your intermediary with the MRO for all test results. Federal Regulations require that the MRO or the C/TPA be able to confirm the identity of the DER. Accordingly, a code name/number must be established. Please supply your code name/number you prefer For the Primary DER, Anna Sanchez epowA [for ease of administration please confine your selection to: Your Mother's Maiden Name, Your Favorite City, o r Your Favorite Number] For the Secondary DER, ef.) LIrrDII _ (Please print name) [for ease of administration please confine your selection to: Your Mother's Maiden Name, Your Favorite City, or Your Favorite Number] For a third Alternate DER, (Please print name) [for ease of administration please confine your selection to: Your Mother's Maiden Name. Your Favorite City. or Your Favorite Numberl 2280 Grass Valley Highway (530) 268-8101 Suite 232 Fax: (530) 268-9060 Auburn, CA 95603 datco @datcoservices.com www.datcoservices.com