Item c.3 Consider, adoption of mandatory anti-drug program for'
Raad and Fridge Employees and per-•mit Franklin Johnston, Coy-nty
Engineer to sign the contract with Compliance Marketing, Inc.
This item was tabled b~_-t no decision was made at this time
beca~_-se the Court would like some more information.
COMMISSIONERS' COURT AGENDti REQUEST
* PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Franklin Johnston. P.E.
MEETING DATE: Dec. 11, 1995
OFFICE: Road & Bridge Department
TIME PREFERRED:
SUBJECT:(PLEASE BE SPECIFIC): Consider adoption of mandatory anti-drug program for Road &
Bridge employees and permit Franklin Johnston County Engineer to sign the contract with
Compliance Marketing. Inc.
EXECUTIVE SESSION REQUESTED: YES
NO XX
PLEASE STATE REASON: Adoption of anti-drug program for R&B employees
.~..
3TIMATED LENGTH OF PRESENTATION: 10 minutes
PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston. P.E. (Leonard Odom. Jr.
Time for submitting this request for Court to assure that the matter is posted in accordance with Article 6252-17 is as follows.
Meetings held on first Monday: 5:00 P.M. previous Tuesday
Meetings held on Thursdays: 5:00 P. M. previous Thursday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON: i'a~
All Agenda Requests will be screened by the County Judges Office to determine if adequate information has been prepared for the
Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your
request being addressed at the earliest opportunity. See Agenda Request Guidelines.
~.. ~
Memorandum
TO: Commissioners' Court
FROM: Leonard Odom, Jr., County Road Administrator
DATE: December l 1, 1995
RE: Mandatory Drug Testing for CDL
Starting the first of the year, the Texas Department of Transportation will mandate all drivers with
Class A -Commerical Drivers License take random drug testing. At this time most of the road
personnel have a Class A. Beginning March 1, 1996, all road personnel will be required to have a
Class A.
To be in compliance we would like to implement the attached anti-drug program for a period of
one year. In the future we will address the program at budget time.
We have asked the County Attorney's Office to look over the program and contract. It is only for
one year.
At this time we ask that you approve the program, and permit Franklin Johnston, County
Engineer to sign the contract.
AGREEMENT
This Agreement, effective
Inc., 11210 West Avenue, San Antonio, Texas 78213 and
between Compliance Marketing,
(hereinafter called the Client) defines the services that Compliance Marketing, Inc. will provide to the
Client and Client's obligations to Compliance Marketing, Inc.
The Client is mandated and/or wishes to implement a policy for the elimination of substance abuse in the
workplace that conforms with the U.S. Department of Transportation guidelines and regulations. The
Client desires to retain the services of Compliance Marketing, Inc. to serve as the designated Substance
Abuse Program Administrator to implement and maintain such a program in accordance with the services
hereinafter set forth.
I. TERMS:
The terms of this Agreement shall begin on the date of the signing of this Agreement and will remain in
effect for a period of one (1) year ending on the anniversary date of this Agreement. This Agreement is
automatically renewable on a yearly basis following the initial one (1) year Agreement term.
Termination of this Agreement may be by either party with thirty (30) days written notice following the
initial one (1) year term. If the Client terminates this Agreement prior to the expiration of the current
term, Compliance Marketing, Inc. shall be entitled to retain all fees previously paid by the Client.
II. FEES:
Fees for services to be performed/supplied by Compliance Marketing, Inc. are quoted in Appendix "A"
of this Agreement.
III. PROGRAM IT'IPLEMENTATION:
A. Compliance Marketing, Inc. will provide a Policy For The Elimination Of Substance Abuse In The
Workplace with appropriate Department Of Transportation Addendum, for review by the Client subject to
acceptance and adoption by Client. It is acknowledged that Compliance Marketing, Inc. does not and
will not give legal advice to Client. It is recommended that Client retain legal counsel to assure
conformity with any and all applicable laws and regulations.
B. Client will provide Compliance Marketing, Inc. with a complete list of company locations and
employees at each of these locations requiring drug testing. The Client shall bear the sole responsibility
for maintaining and furnishing Compliance Marketing, Inc. a complete and accurate listing of all
employees and contractors subject to Department of Transportation and other testing requirements.
C. Compliance Marketing, Inc. will implement and administer required selection programs and
schedule specimen collection.
D. All DOT specimen analyses will be conducted by a Department of Transportation/National Institute of
Drug Abuse/Department of Health and Human Services (Substance Abuse Mental Health Services
- Administration) approved laboratory. All Non-DOT specimen analyses will be conducted at a certified
laboratory.
E. Medical Review Officer services, when required, will be provided by Compliance Marketing, Inc.
The Medical Review Officer will report both positive and negative results to Compliance Marketing,
Inc. for record keeping purposes.
F. A Permanent Record Book will be maintained by Compliance Marketing, Inc.
G. Compliance Marketing, Inc. will provide client, federal and state required reporting and certification
H. Compliance Marketing, Inc. will provide required training and education of supervisors and
employees and maintain records of such training as required.
IV. INDEMNIFICATION:
Compliance Marketing, Inc. is an independent contractor providing Client with the administration of
substance abuse management programs described herein. Compliance Marketing, Inc. does not have any
control of the enforcement of the Client's policy or actions of the Client's personnel. As an independent
contractor, Compliance Marketing Inc. 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 applicable U. S. Department of Transportation or Health and Human Services regulations..
Compliance Marketing, Inc. agrees to indemnify Client from all claims arising out of its submission of
data or analytical results which aze false or incorrect, whether as a result of willful, intentional or
negligent acts or omissions.
~' The Client agrees to indemnify and hold hazmless Compliance Marketing, Inc., its officers, employees,
contractors, parents, subsidiaries and/or affiliates from any loss, damage or claim brought by third parties
of whatever nature, allegedly arising out of or resulting from any act of omission on the part of the Client,
its agents or employees, whether or not the party actually bringing the claim actually prevails.
V. PAYMENT TERMS:
Initial Set Up Fees and Annual Fees are due upon acceptance and signing of Agreement. All fees and
charges are due on receipt. Any fee that is more than thirty (30) days past due will bear interest at the rate
of eighteen percent (18%) per annum or the maximum lawful rate of interest, whichever is lower.
VI. TERMINATION OF AGREEMENT:
In the event that the Client terminates this agreement, full responsibility for federally mandated duties
shall immediately transfer to the Client at the moment of contract termination. Compliance Marketing,
Inc. shall provide the Client with any and all records and data related to this transfer, in the format in
which Compliance Marketing, Inc. has the information stored, after any outstanding charges aze paid.
Compliance Marketing, Inc. may terminate this contract at any time without cause with thirty (30) days
written notice and pro-rata refund of prepaid fees.
Compliance Marketing, Inc. has the right to terminate its services, without refund to Client, with five
(5) days written notice to Client at any time any fee or chazge is not paid thirty (30) days after the due date
set forth in paragraph V above. All outstanding fees and charges must be paid prior to release of Client
records. Unpaid balances continue to accrue interest until paid.
Compliance Marketing, Inc. also has the right to terminate this Agreement with five (5) days written
notice to Client, without refund, in the event Client fails or refuses to cooperate or follow its
recommendations. In any event, Compliance Marketing, Inc. will not be responsible for the failure of
Client to follow the recommendations of Compliance Marketing, Inc. and Client agrees to hold harmless
and indemnify Compliance Marketing, Inc. for any costs or expenses caused by the failure of Client to
follow the recommendations of Compliance Marketing, Inc.
VII. ALL RIGHTS RESERVED:
This program and policy are copyrighted and all rights reserved. No part of this manual or the programs
may be reproduced, by any form, without written consent from Compliance Marketing, Inc. The
unauthorized duplication of this program and/or policy violates federal copyright laws.
VIII. SEVERABILITY:
If any provision of this Agreement or the application thereof to any person or circumstance shall be
invalid or unenforceable to any extent, the remainder of this Agreement and the application of such
provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the
greatest extent permitted by law.
IX. VENUE and NOTICE:
It is agreed by the parties that venue is in Bexar County, Texas and that the laws of the State of Texas
will apply for any dispute that may arise under this Agreement. Any written notice that may be required
under this Agreement may be given by hand delivery, certified, or express mail to the address written in
the first paragraph or to any other address later given in writing to the other party for notice purposes.
X. ENTIRE AGREEMENT:
This Agreement contains the entire agreement between the parties hereto and no representations,
inducements, promises, or agreements, oral or otherwise entered into prior to the execution of the
Agreement, will alter the covenants, agreements, and undertakings herein set forth.
ACCEPTED BY:
By:
(Client) Compliance Marketing, Inc.
(TYPED/PRINTED NAME)
By:
F.R. Ames, PRESIDENT
DATE: DATE:
cmi
October 26, 1995
Leonard R. Odom, Jr.
Kerr County
101 Spur 100
Kerrville, TX 78028
Dear Mr. Odom,
Compliance Marketing, Inc.
Thank you for giving me the opportunity to present our comprehensive drug and alcohol abuse
prevention program. As you will see, we can provide your company the benefits of the highest
quality services at an affordable cost.
Compliance Marketing provides afull-service anti-drug program which covers all aspects of
our clients' needs rather than force them into abits-and-pieces operation. Our approach
allows our clients to continue doing what they do best and leave the operational and
administrative burden of running an Anti-Drug program to us.
Compliance Marketing is the only company you need to meet your Anti-Drug Program
requirements. We use only SAMHSA/DOT (NIDA) certified laboratories.
Our state of the art computer system and in-house designed custom software allows us to
provide our clients with a wide range of statistical reports.
Compliance Marketing can provide your company the fastest, most reliable, and cost effective
services.
We look forward to serving you.
Sincerely,
~~~~
J k Blanchette
Sales Representative
11210 West Ave San Antonio, Texas 78213 210-340-1070
COMPREHENSIVE DRUG 8
ALCOHOL ABUSE
PREVENTION PROGRAM
FOR
Kerr County
TABLE OF CONTENTS
INTRODUCTION AND OVERVIEW ................................................................................ 1
CERTIFIED LABORATORY ........................................................................................... 2
MEDICAL REVIEW OFFICER SERVICES ..................................................................... 2
COLLECTIONS .............................................................................................................. 2
RANDOM SELECTION ................................................................................................... 3
RECORD KEEPING AND REPORTING ...................................................................... 3-4
FEE SCHEDULE ............................................................................................................ 5
FOLLOWING SECTION:
References
__ INTRODUCTION AND OVERVIEW
The Department of Transportation (DOT), and other federal/state agencies have stipulated
procedural guidelines for the implementation and control of mandatory substance abuse
programs. Businesses and individuals regulated by these mandates must establish and
adhere to rigorous standards regarding substance abuse policies, testing, record keeping, and
reporting.
To comply with federal and state mandated requirements, your company must implement a
program that addresses and meets the standards for the law as stated.
Compliance Marketing, Inc. will design a policy and procedure manual to insure that your
company's Substance Abuse programs meet all current standards and satisfies state, federal
and local compliance requirements. Compliance Marketing, Inc. provides accurate collections
with secure chain-of-custody, SAMHSA/DHHS certified drug testing, DOT certified alcohol
tests, review by a Medical Review Officer, prompt reporting, confidential employee record
maintenance, employee assistance referrals, and supervisor training. In short, Compliance
Marketing, Inc. fulfills all of your Substance Abuse Program requirements.
The Department of Transportation, Texas Department of Public Safety, Texas Railroad
Commission, and Texas Workers Compensation Commission have stated that an employer is
-- responsible for publishing a statement, notifying employees and contractors regulated by the
policy, outlining implementation procedures, and employee, applicant and/or contractor's
obligations to comply with federal and state mandated drug testing program standards, and
specifying the actions that will be taken against employees for violations of such prohibition.
Your selection of Compliance Marketing, Inc. as your Substance Abuse Program
Administrator insures that you will be in compliance with all required regulations
and mandates from federal, state, agencies or entities. We provide a single
source solution to insure this compliance. Our reputation and service are
unequaled.
CERTIFIED LABORATORY
Compliance Marketing, Inc. utilizes only SAMHSA/DHHS approved laboratories for DOT/NIDA
and Non-DOT tests.
MEDICAL REVIEW OFFICER SERVICES (MRO)
The MRO will be responsible for review of all DOT drug tests, both positive and negative, as
well as all positive Non-DOT drug tests.
Compliance Marketing's integrated Medical Review Officer services offer significant
advantages over other MRO providers:
• Occupational Medicine Specialists
• Complete understanding of Toxicology, substance abuse disorders, collection, analysis,
and reporting
• Expert medical consultations
COLLECTIONS
-- Compliance Marketing, Inc. provides on-site collections at some locations and the
establishment of walk-in collection sites.
Specimens are collected, sealed, and monitored by professional collection specialists who
have been trained in the following areas:
• Current regulations with respect to privacy and civil rights regarding drug testing.
• Chain of custody Procedures.
• Proper identification of donor
• Chain of custody procedures
• Proper shipment of samples
• Collection Procedures.
• Room preparation
• Temperature monitoring
• Methods of adulteration
• Observed vs non-observed collection
• Responsibilities and procedures of Medical Review Officer.
• Procedures for collecting split specimens.
• Reasonable cause testing.
• Post accident testing procedures.
• Random testing.
Compliance Marketing, Inc. coordinates all collection activities with designated supervisors.
.~ This includes "for-cause", return to duty, follow up and post-accident test scheduling.
RANDOM SELECTION
Compliance Marketing, Inc. provides a computer generated ANSI standard random selection
program as an integral part of our program.
The random selection program for DOT clients ensures that the current percent of covered
employees are tested each year as mandated by DOT.
Compliance Marketing, Inc. will customize and administer a random selection program for
Non-DOT employees. This random program is tailored to your specifications .
Compliance Marketing, Inc. will track and schedule for return to duty and follow up testing of
employees who have tested positive and been placed in follow-up monitoring programs.
QUALITY CONTROL BLIND SAMPLING
Compliance Marketing, Inc. submits the required three blind samples per hundred tests, up
to a maximum of 100 tests per quarter. Compliance Marketing purchases the required
,_ percentages of "spiked "samples, submits the samples under chain of custody procedures
and verifies the results as required by DOT.
Compliance Marketing, Inc. will notify DOT, SAMHSA/DHHS, and/or the laboratory as
appropriate of any incorrect processing of a blind performance specimen.
RECORD KEEPING AND REPORTING
Before the laboratory reports any test result, it will first review the results of the initial test, the
confirmatory test or any relevant quality control data to certify that the test result is accurate.
The laboratory will then report the test results to the Medical Review Officer for DOT tests, or
to Compliance Marketing for Non-DOT tests. All results will be reported, in writing or by
electronic means, (FAX or modem, not by telephone). No copies or results of the tests will be
released beyond this point without written request of the donor. The laboratory will forward the
original Urine Custody and Control Form or a certified true copy of the form. The test results
will be reported within an average of 2 working days after receipt of the specimen. The results
will be reviewed and certified accurate by the laboratory responsible individual. The results
reported will include:
A. Drugs/Metabolites tested for
B. Whether positive or negative
C. Specimen Number assigned by the collector (the Company)
D. Accession Number assigned by the laboratory
The MRO may request quantitative results from the laboratory to assist in determination of
positive results. The MRO will not report the quantitative results of the test unless it is
necessary.
Any specimen which was negative on an initial or confirmatory test will be reported as
negative. The only specimens reported as positive will be those which have been confirmed
as positive through gas chromatography/mass spectrometry. In the case of a confirmed
positive, the Urine Custody and Control Form must be signed by the individual responsible for
the day to day management of the laboratory.
Compliance Marketing, Inc. will provide a quarterly report of all testing conducted. This report
contains statistical data only, not individual specimen results. The data is as follows:
A. Number of specimens received for testing.
B. Number of specimens confirmed positive for:
• Marijuana metabolites
• Cocaine metabolites
• Morphine metabolites
• Phencyclidine
Amphetamines
• Methamphetamines
C. Number of specimens for which a test was not performed.
~-~
C i Corn Hance Marke tin Inc .
~ g~
Kerr County
Anti-Drug Program Quotation
• Policy and Procedure Development, with continual updates
• All Random Drug & Evidential Breath Alcohol Testing
• Drug Testing by NIDA/SAMHSA certified laboratory
• Gas Chromatography/Mass Spectrometry confirmation
• On Site specimen collection and transportation of specimens
• Computer generated random selection services
• Quality control blind sampling
• Medical Review Officer services
• Evidential Breath Alcohol Testing
• All record keeping, reporting and Year End M.I.S. Reports
• Maintenance of permanent record book
• Reporting to Federal and State Agencies
• Client audits as required
• Supervisor Training, Employee Booklets
Annual Fee Pet Employee: $ 105.00
Number of Employees: X 20
Total Annual Fee: $ 2,100.00
Initial Set Up Fee $ 250.00
Total Set Up and 1st Year Annual Fee $ 2,350.00
Additional Services:
DOT Pre-employment, Reasonable Cause,
Return to Duty, or Post Accident Tests $ 70.00 per Test
By: Date: ~~ ~ Z. 1, ~ ~~
11210 West Ave San Antonio, Texas 78213 210-340-1070