HomeMy WebLinkAbout950542.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR DRUG AND ALCOHOL TESTING MANAGEMENT
SERVICES WITH NATIONAL MRO, INC., AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with an Agreement for Drug and Alcohol Testing
Management Services between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Weld County Personnel Office, and
National MRO, Inc., commencing on March 22, 1995, and ending March 21, 1996, with further
terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Drug and Alcohol Testing Management Services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Personnel Office, and National
MRO, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 22nd day of March, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
/r ����� WELD COUNTY, COLORADO
ATTEST 00 (f FXCtism
Dale K. Hall, Chairman
Weld County Clerk to the Board
t
7
�/� 7 ' arbar %.. irkmeye , Pr T�BY: //t�i,.6"-�/C �,t g catDeputy Clerk to!!Illlthe Board �ii� r >
George E. Baxter
APPRO D AS TO FORM: ( i� g j�.� " j�� ��,c
Constance L. Harbert
ounty ttorney ,'- / ; i7 i , 2 fr. -712,
W. H. Webster
950542
PE0014
de ; Pei PIA 6, Inc•
AGREEMENT FOR DRUG AND ALCOHOL TESTING MANAGEMENT SERVICES
THIS AGREEMENT is made and entered into this
by
between County of Weld, State of Colorado, by and through�eBoard ofjCounty olmmissio995 and
ners
of the County of Weld, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter
referred to as "County," and National MRO, Inc., whose address is 12600 W. Colfax Avenue, Suite
A500, Lakewood, Colorado 80215, hereinafter referred to as "National MRO."
WITNESSETH:
WHEREAS, County is subject to the requirements of the Federal Omnibus Transportation
Employee Testing Act of 1991 and certain regulations of the United States Department of
Transportation enacted as a result of said legislation, which requires testing for drugs and alcohol
for all "safety sensitive" employees of County beginning January 1, 1995, and
WHEREAS, National MRO is in the business of providing professional and technical
services to employers so that the employers may comply with the rules and regulations requiring
such testing, and
WHEREAS, the parties hereto now desire to enter into this agreement so that County may
begin its drug and alcohol testing program with the assistance of the expertise and organization of
National MRO.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. DESCRIPTION OF SERVICES TO BE PROVIDED:
National MRO shall perform for County those services initialed by County on the
attached Appendix "A", hereinafter collectively referred to as "ADAMSTM", and all
of those services as described in the attached Appendix "B", hereinafter collectively
referred to as "ProScreenr+". The parties agree that the services shall be performed
by National MRO or its qualified employee(s) or subcontractors.
2. TERM:
This Agreement shall commence on /Clf/LdL- , 1995 and continue
thereafter for a duration of one year, which ends on l„uA_ 6Z/ , 1996.
Thereafter, it shall be automatically renewed for successive one-year periods, upon
the same terms and conditions, unless the Agreement is sooner terminated pursuant
to the terms set forth below.
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3. FEE:
County agrees to pay and National MRO agrees to accept as full payment for the
work and service performed and the granting of rights pursuant to this Agreement a
fee computed as set forth in Appendix "A" for ADAMSTM and a fee computed as set
forth in Appendix "B" for ProScreenTM. Unless otherwise specified in Appendices
"A"and"B",payment shall be made monthly for work completed,upon invoice from
National MRO.
All fees for services rendered shall be invoiced monthly and are due upon receipt of
invoice. Should the account become 60 days delinquent,National MRO reserves the
right to hold all further test results until the delinquency has been corrected. National
MRO will also notify the laboratory and collection site(s)that National MRO is not
responsible or liable for any testing costs incurred while the account is on credit hold.
Should the account become 90 days delinquent,National MRO reserves the right to
place the account for collection.
The fees set forth in this Agreement shall automatically be adjusted at the end of the
one-year term for the next one-year term by the Consumer Price Index adjustment,
if any, unless County gives written notice to National MRO at least 60 days prior to
the expiration date of the current one-year term that it does not agree to any such
increases for the next one-year term. If County gives such notice, National MRO
may refuse to renew the Agreement for a subsequent one-year term. If National
MRO elects to renew the Agreement for the next one-year term, it shall be in force
and effect on its then current terms.
4. TERMINATION:
Either party may terminate this Agreement upon the material default hereunder by
the other party if such default is not cured within 60 days after notice specifically
identifying the default and the means of cure as delivered by the non-defaulting
party, or within a reasonable period after such notice if the default cannot reasonably
be cured within 30 days and the defaulting party has commenced to cure within the
30 day period and is diligently proceeding such cure to completion.
5. REPRESENTATIONS, WARRANTIES, AND COVENANTS:
a. By National MRO:
National MRO represents, warrants, and covenants as follows:
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1) Organization
National MRO is a corporation duly organized, validly existing and
is in good standing under the laws of the state of Colorado and has
full power to execute and deliver this Agreement into performance
obligations hereunder.
b. By County:
County represents, warrants, and covenants as follow:
1) Organization
County is a political subdivision of the state of Colorado and has been
organized pursuant to the provisions of the Weld County Home Rule
Charter and the Colorado Constitution and has full power to execute
and deliver this Agreement into performance obligations hereunder.
2) Alcohol and Drug Testing Programs
County represents that it has developed and will at all times
administer and operate its alcohol and drug testing programs in
compliance with the rules and regulations set forth by the U.S.
Department of Transportation.
6. CHANGE IN REGULATIONS
If, at any time or times during the term of this Agreement, the regulations set forth
by the U.S. Department of Transportation are amended such that National MRO's
obligations and responsibilities in performing the services hereunder are increased,
National MRO may deliver notice to County specifying such amendment and the
modification or modifications to the compensation provided for in this Agreement
which it believes are necessary to maintain the economic terms of this Agreement as
entered into, taking into account the amendment to the regulations. Such
modification or modifications shall without further action by the parties become an
amendment or amendments to this Agreement, unless County notifies National MRO
within 10 days after delivery of such notice that the modification or modifications are
unacceptable to County. In that event,National MRO and County shall negotiate in
good faith appropriate modifications to the compensation provided for in this
Agreement to maintain the economic terms of this Agreement as entered into,taking
into account the amendment to the regulations. If within 30 days thereafter the
parties cannot agree on such modification or modifications, National MRO may, at
its option, terminate this Agreement upon delivery of 30 days notice thereof to
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County. If National MRO does not so elect to terminate this Agreement, it shall
continue in full force and effect on its then current terms.
If at any time or times during the term of this Agreement the regulations promulgated
by the U.S- Department of Transportation are amended such that County is no longer
required to conduct drug and alcohol testing upon its "safety sensitive" employees,
County may,at its option,terminate this Agreement upon delivery of 30 days notice
thereof-to National MRO without penalty.
7. DRUG AND ALCOHOL TESTING PROGRAM:
County understands and agrees that National MRO has no responsibility(implied or
otherwise) regarding whether an employee is hired or terminated based upon the
results of an alcohol and/or drug test. If agreed upon, National MRO will be
responsible for verifying the information forwarded to National MRO from the
collection site as a result of a breath alcohol and/or drug test.
8. INDEMNIFICATION:
a. By National MRO: s-
As covered by National MRO' s General Liability Insurance,
National MRO shall be liable for any and all claims, costs, and ex penes
arising from or out of any alleged negligent act, omission, or breach of this
Agreement by National MRO, its agents, or employees, in the performance
of its obligations under this Agreement. National MRO shall indemnify and
hold County, its employees,agents,and officers harmless from any claim or
cause of action arising out of or in connection with the negligent acts or
omissions of National MRO, its employees, agents,and each medical review
officer providing services hereunder in the performance of their duties under
this Agreement and shall reimburse County, its employees, agents, and
officers for any costs, including reasonable attorneys fees, incurred in
defending against any such claim.
b. By County:
County shall be liable for any and all claims,costs,and expenses arising from
or out of any alleged negligent act, omission,or breach of this Agreement by
the County, its agents, employees, or officers in the performance of its
obligations under this Agreement. County shall indemnify and hold National
MRO, its employees, agents, and each medical review officer providing
services hereunder harmless from any claim or cause of action arising out of
or in connection with negligent acts or omissions of the collection providers
in the performance of their duties under this Agreement and shall reimburse
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National MRO, its employees, agents, and each medical review officer for
any costs, including reasonable attorneys fees, incurred in defending against
any such claim.
9. COMPLIANCE WITH ALL LAWS:
Notwithstanding anything to the contrary contained in the Agreement, the parties
shall observe all provisions of law and any rules and regulations of such
governmental authorities having jurisdiction over the matter set forth herein that
relate to the performance of their obligations under this Agreement, including, but
not limited to, the regulations.
10. ARBITRATION:
Any controversy or claim arising out of or relating to this Agreement shall be settled
by arbitration in Denver, Colorado, before a single arbitrator in accordance with the
rules and practices of the American Arbitration Association from time to time in
force, subject to the provisions of the Uniform Arbitration Act as adopted and
codified from time to time at C.R.S. 13-22-201, et seq.
11. INTELLECTUAL PROPERTY RIGHTS:
National MRO retains all right, title, and interest in, and to, any and all ideas, data,
documentation, and information, in whatever form, first produced or created by or
for National MRO as a result of or related to the project or the performance of work
or the rendition of services under this Agreement ("work product") and in and to all
patents, copyrights, trade secrets, or other property rights in or based on the work
product. The County may copy, modify, disseminate, and otherwise use the work
product provided by National MRO for its own internal use and/or in accordance
with the requirements of the Colorado Open Records Act codified at C.R.S. 24-72-
101, et seq, but may not photocopy or otherwise reproduce or disseminate the work
product to outside parties other than those specified and in compliance with said
Colorado Open Records Act.
12. EXTENT OF AGREEMENT:
This Agreement, including the appendices hereto, constitutes the entire and
integrated Agreement between and among the parties hereto and supersedes any and
all prior negotiations, representations, agreements, and/or conditions, whether oral
or written. Any modification or amendment to this Agreement shall be void unless
it is in writing and subscribed by the party to be charged or by its authorized agent.
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13. INDEPENDENT CONTRACTOR:
The relationship between National MRO and County is that of independent
contractor and National MRO agrees to do all things legally required to establish and
maintain its status as an independent contractor. National MRO in accordance with
its status as an independent contractor covenants and agrees that it will conduct itself
consistent with such status and that it will neither hold itself as nor claim to be an
officer, employee, or agent of County by reason hereof. The employees or agents of
one party should not be deemed employees or agents of the other. As an independent
contractor, National MRO and any person(s) engaged by it shall not be entitled to
any medical, health, pension, retirement, disability, unemployment, or worker's
compensation or other insurance coverage,or any other benefit, similar or dissimilar,
from the County. The parties agree that all reporting by either of them to income tax
or other governmental agency shall be consistent with the provisions of this
paragraph.
14. NON-WAIVER:
In the event that the terms and conditions of this Agreement are not strictly enforced
by either party, such non-enforcement shall not act or be deemed to act as a waiver
or modification of this Agreement, nor shall such non-enforcement prevent either
party from enforcing each and every term of this Agreement thereafter.
15. EXCLUSIVITY:
National MRO shall have the exclusive right to provide alcohol and drug testing
program management services to the County in connection with the County's alcohol
and drug testing program during the term of this Agreement.
16. NO WAIVER OF IMMUNITY:
No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor shall any
portion of this Agreement be deemed to have created a duty of care or of a
beneficiary status that did not previously exist with respect to any person not a party
to this Agreement.
17. MISCELLANEOUS:
a. Advertising:
The County and National MRO hereby consent to references to its name in
any marketing, advertising, or solicitation campaigns for the other party
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initiated by or at the request of the other party; provided, however, that each
reference to County or National MRO shall be subject to the reasonable
approval of County or National MRO, as the case may be, which approval
may be given by telephone, prior to any publication or other distribution of
such marketing, advertising, or solicitation campaign.
b. Section Headings:
The section headings in this Agreement are for convenience of reference only
and shall not be used in the interpretation of this Agreement. The singular
number used herein shall include the plural and the plural the singular. The
neuter, masculine or feminine, genders used herein shall be deemed to
include each other.
EXECUTED this ,n ay of L I A.A. , 1995.
ATTEST: g._/ / �/� �G�47 COUNTY OF WELD, STATE OF COLORADO,
BY AND THROUGH THE
CLERK TO THE BOARD BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF WELD
BY: c� Y I l PPS BY: 1�1
Deputy Cler the Board Barbara J. Kirkm'yer, an Pro-Tem
NATIONA 0, INC.
BY:
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APPENDIX A
Please place your initials next to the Alcohol and Collection Site Management/Audit services desired
under this contract. Each price is per alcohol test completed, unless otherwise noted.
INTL I SERVICE COST
Sourcing of New Sites: Locating, educating,and setting up communication $40.00/site
of alcohol testing documentation on behalf of NMRO's clients (one-time fee)
Setting Up Existing Site: Educating and setting up communication of $25.00/site
alcohol testing documentation on behalf of NMRO's clients (one-time fee)
p
Option One: BAT form tracking, MIS monitoring, and electronic tracking. $4.00/test
NMRO files and stores the hard copies of the BAT forms.
Option Two: BATs are audited for certification,equipment types are $4.00/test
monitored, BAT forms are reviewed to ensure that the BAT and equipment
are in compliance. NMRO will contact site to discuss discrepancies and
monitor new BAT certification. Weekly turnaround reports are monitored,
quarterly verification reports are reviewed.
Option Three: Includes options one and two, plus the monitoring of $5.00/test
discrepancies in completion of BAT forms and re-training of BATs when
necessary
Option Four: Reconciliation of billing which allows NMRO's clients to $4.00/test
receive one invoice reflecting services from their collection site network
Management Option One: Includes Options One and Two above $6.50/test
Management Option Two: Includes Options Two and Four above $7.00/test
Management Option Three: Includes Options Three and Four above(every $8.00/test
available option)
Desk Audits to ensure provider compliance $5.00/audit
category
Quality Control Monitoring Reports and BAT notification(re-education) in $1.50/test
combination with Management and Reconciliation Services(B and C)
above
Review and quality control of positive alcohol test results for legal $25.00
defensibility
Return to Duty Consultations $75.00 per
occurrence
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APPENDIX B
$ n/a One time processing and set up fee
$ 32.00 Per test-Including laboratory screening and confirmation for NIDA-5 panel
drug test and overnight shipment from collection site including collection
fees at affiliated collection sites and complete certified MRO services and
record keeping,RandomProm(random selection program)and blind samples
are also included in the fee
$ n/a Per GC/MS confirmation on all positive laboratory results
$ n/a Contractor education and policy and procedure consultation
$ 2.50 +cost Collection site coordination fees (non-affiliate locations only)
$ inc. RandomPron.(Random Generation) and blind samples
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