HomeMy WebLinkAbout1995-031 Addiction Medicine Consultants Contract No. 95031
ADDICTION MEDICINE CONSULTANTS, INC.
SERVICE AGREEMENT
This Agreement is made December 1, 1995 by and between ADDICTION MEDICINE
CONSULTANTS, INC., a California corporation with its principal place of business located at 7888
Valmont Ave., Highland, CA 92346 (and hereafter called "AMC") and the Participating Members of
Central Coast Cities Self Insurance Fund located at City of San Luis Obispo, 990 Palm Street, San Luis
Obispo, CA 93401 (and hereafter called the "Client"), and defines the services that AMC will provide to
the Client.
I. 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 with the payment of the annual Client Enrollment fee.
II. PROGRAM INFORMATION-Administrated AMC Program Services -See Attachment A
III. PROGRAM IMPLEMENTATION - The Program objective is to provide consistent, objective,
fair and manageable procedures for drug 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 Agreement
for 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
all of the following types of testing as requested by the client company:
1. Preemployment 4. Post-accident
2. Reasonable Suspicion 5. Periodic
3. Random 6. Return to Duty
D. AMC will provide the Client with a list of approved specimen collection centers for
collection of biological specimens. AMC will monitor collection 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.
H. AMC will provide Federal and corporate reporting and certification (when required) of
Client.
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ADDICTION MEDICINE CONSULTANTS,INC.
SERVICE AGREEMENT
PAGE 2
IV. COORDINATION OF ACTIVITIES - AMC will coordinate the activities, described in
Paragraphs II. and III.,through designated persons within the Client organization. The Client must
make, in writing to AMC, the designation of these individuals, as well as any changes in these
named individuals.
V. INDEMNIFICATION - AMC is an independent contractor providing the Client with the
administration of mandated and non-mandated drug intervention programs described herein, and a
system 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, attorney's 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.
AMC is an independent contractor providing the Client with the administration of mandated drug
intervention programs described herein. AMC does not have any control of the enforcement of the
Client's policy or actions of the Client'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 applicable U.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 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 from
any willful act or 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.
VI. 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
time 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. Termination will not occur until AMC has received payment in
full of all outstanding obligations by the Client up to date of termination.
IX. MODIFICATION-This agreement 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 five (5) business 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 executed original and return one executed original to AMC.
TOTMAMPT ERM2I50655.2
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ADDICTION MEDICAL CONSULTANTS,INC.
SERVICE AGREEMENT
PAGE 3
Accepted by: Accepted by:
PARTICIPATING MEMBERS OF ADDICTION MEDICAL CONSULTANTS,INC.
CENTRAL COAST CITIES
SELF INSURANCE FUND
Signature Date
Arroyo Grande
Signature Date
Atascadero
Signature 6Y Date
El Paso de Robles
Signature Date
Grover Beach
Signature Date
Guadalupe
Signature Date
Lompoc
Signature Date
Morro Bay
Signature Date
Pismo Beach
Signature Date
San Luis Obispo
Signature Date
Santa Maria
Signature Date
Santa Paula
Signature Date
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ATTACHMENT A
ADDICTION MEDICINE CONSULTANTS, Inc. (AMC)
Administrated Program Services and Fee Schedule
Program Services Include:
Urine Drug Test(Emit Screen with GC/MS Confirmation) Collection Site Selection
SAMHSA Certified Laboratory for all Urine Drug Tests MRO Services for all Urine Drug Tests
Chain of Custody Forms and Collection Supplies Specimen Transportation to SAMHSA Lab
Random Selection Generation for Covered Employees Policy and Procedure Design
Supervisor Training& Educational Materials 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(Optional)
AMC will provide a complete D.O.T. drug and alcohol testing program for the Central
Coast Cities JPA for a flat fee of$50.00 per covered employee per year. All services
listed above are included in contract rate, except for Substance Abuse Assessments.
AMC will assist each city in negotiating with a SAP in their local area if requested.
Itemized Fee Schedule
Program Cost Per Urine Requisition Processed $45.00
Breath Alcohol Per Test Mobile, On Site, or at SBCL Site $25.00
Supervisor's Training Program per hour $100.00
Employee's Training Program per hour $100.00
Substance Abuse Professional per session $80.00
Annual Management Fee $200.00
D/L Isomer Confirmation Test $65.00
6-MAM Confinnation Test $65.00
Split Specimen GC/MS Confirmation Test $125.00
Rates for services are based upon current market contracts with a minimum of 200 covered employees participating,
adjustments in rates can occur with the agreement of all parties entering into this agreement..
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RESOLUTION NO. 108-95
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH
ADDICTION MEDICAL CONSULTANTS, INC.
FOR
SERVICE AGREEMENT FOR D.O.T. DRUG & ALCOHOL TESTING
The City Council of the City of Atascadero, California hereby resolves as
follows:
1 . The Mayor is hereby authorized to execute an agreement with Addiction
Medical Consultants, Inc. for Service Agreement for D.O.T. Drug &
Alcohol Testing.
2. The City Manager is hereby authorized to make minor corrections or
modifications of a mathematical or clerical nature.
3. The Finance Director is hereby authorized to appropriate funds, if
necessary; release and expend funds; and issue warrants to comply with
the terms of this agreement.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Atascadero held on the 14th day of November, 1995.
ATT ST: - CITY OF ATASCADERO
AND Ma or
LEE PRICE, City Clerk GEOR E P. H Y
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
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