Contract - Datco 2013-04-25 (2) ,•-n.••-•"' ii i i1 iioi i ii1 i11II ff1111
servic3- orporotlon
'Ma Wancar of. •and Alcohol Cane-"
Member Agreement
This Agreement is made etAr1 t ,20 13 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.
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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(1%%)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.
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Accepted by:
Costa Mesa Sanitary District
gnature DATCO Servi orporation
5N 1 t �" i n Cheryl Smith
IN lr V Operations Supervisor
Print Name
wiav
Title
17/s /-
Date
Purchase Order# I.D.# Contract#