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Home My WebLink AboutNADE - Drug and Alcohol Testing 1k Page 1 of 4 DRUG AND ALCOHOL TESTING Rev. 09/20/95 PROGRAM AGREEMENT This Agreement is made by and between the National Association of Drug-Free Employees, Inc. of Smithtown, NY, hereafter called NADE, and TOWN OF SOUTHOLD ,hereafter called CLIENT. 1. EFFECTIVE DATES This Agreement shall be in effect beginning on January 1, 1996 and ending on December 31, 1996 .After the end date, this Agreement will be extended by one year increments unless either party notifies the other to the contrary with sixty (60) days written notice. 2. SERVICES TO BE PERFORMED a. Anti-Drug Plan (FAA only) -NADE will prepare CLIENT'S NADE CONSORTIUM MEMBER ANTI-DRUG PLAN as an addendum to NADE's Consortium Plan (No. E-EA-00010-U). CLIENT will provide to NADE such information as necessary to prepare CLIENT'S Plan. b. Database Management and Random Selection -NADE will enter CLIENT'S covered employees' into NADE's consortium pool of employees. CLIENT employees will be randomly selected as part of the larger pool of employees. When an employee is selected, CLIENT will keep this information confidential from the selected employee until such time that the employee can be given no more than two (2) hours notice to report to the collection site. c. Collection Sites and Specimen Collection -NADE maintains a list of several hundred collections sites azound the United States and its territories. NADE will provide urine and alcohol specimen collection services at any of these existing sites. NADE may also provide collection services directly using NADE personnel. If CLIENT requests that NADE locate and qualify a unique collection site, NADE may request compensation for customized site training for the collection site staff. NADE will also provide for emergency wliections for post ac;cider~t tests in t,'re u,-ilikely eveni i,`.at the CLIEIti'T needs this service. d. Collection Kits -NADE will provide urine specimen collection kits with bottles, Chain-of-Custody forms, bottle seals, and alcohol collection materials. e. Urinalxsis by DHHS-Approved Laboratory -NADE will use a laboratory approved by the Substance Abuse and Mental Health Services Administration (SAMHSA) and certified by the U.S. Department of Health and Human Services (DHHS) to analyze the urine specimens in compliance with the U. S. Department of Transportation (DOT) Regulations. f. Alcohol Analysis -NADE and its designated collection sites will utilize alcohol equipment that meets the requirements of the U.S. DOT Conforming Products List (CPL). Tests will administered by a certified Breath Alcohol Technician (BAT). g. Medical Review Officer Services (MRO) -NADE will provide the services of an MRO to review drug test results. h. Employee and Supervisor Training -NADE will provide CLIENT with one (1) copy of the Employee Training Manual and one (1) copy of the Supervisor Training Manual. .~ Page 2 of a DRUG AND ALCOHOL TESTING Rev. 09/20/95 PROGRAM AGREEMENT h. Emp~jyge and Supgrvisor Training -MADE will provide CLIENT with one (1) copy of the Employee Training Manual and one (1) copy of the Supervisor Training Manual. CLIENT will copy and distribute these training manuals to its covered employees. CLIENT will conduct training meetings using NADE's training manuals with its covered employees and their Supervisors. CLIENT will document such training through the Acknowledgment of Receipt of Training Form, and by an attendance sheet. NADE will provide the services of an Instructor to conduct initial on-site Supervisor training for travel expenses only. Additional training will be provided for the cost denoted in Section 3. i. Expert Testimony -NADE will provide expert testimony if required by the CLIENT as appropriate. NADE will also coordinate any expert testimony requirements from our collection sites, laboratory, or MRO. j. Audit Support - In the event that the CLIENT is audited by a Federal agency, NADE will provide audit support to assist the CLIENT in audit preparation and will attend the audit if pemvtted. k. Annual Reports -NADE will prepare for CLIENT annual (January 1 to December 31) statistical reports. 1. Bend Samples -NADE wilt submit blind proficiency, spiked and blank, urine samples to the laboratory. 3. COMPENSATION FOR SERVICES NADE will provide the above services for the fees identified in the Pricing Schedule - Attachment A. NADE will invoice CLIENT and CLIENT will pay NADE on a monthly basis commencing the first month of this Agreement. CLIENT will pay NADE within thirty (30) days of the date of the invoice. CLIENT will pay NADE a late chazge of 1.5% of the outstanding balance per month for overdue payments, which wr71 automatically be calculated and added to CLIENT's next invoice. NADE will comply with Federal regulations applicable to anti-drug programs as of January 1, 1995. In the event the roles and regulations are changed after January 1, 1995, NADE will endeavor to incorporate the changes without changing the terms and conditions of this Agreement, unless the Wile changes are substantive, in which case the terms of the Agreement will be revised. 4. CONFIDENTIALITY CLIENT and NADE will maintain strict conSdentiality with respell to employee information and drug test results, and will ensure that this information is not disclosed to any other party except as permitted under Federal law. This Agreement and its terms and conditions, including fees, shall not be disclosed, duplicated, or used on whole or in part to a third party beyond CLIENT's Board of D'uectors, Officers and legal representation Page 3 of a n]tnG AND ALCOHOL TESTING Rev. 09/20/95 PROGRAM AGREEMENT S. MUTUAL INDEMNIFICATION NADE and CLIENT will indemnify and hold each other harmless, their partners, subsidiaries, and affiliates from any loss, damage or claim brought by thud parties, of whatever nature, allegedly arising out of or resulting from any willful act or any negligent act or omission on the part of NADE or CLIENT relating to this Ageement, their agents or employees, whether or not the party bringing the claim actually prevails. NADE is an independent contractor and shall not be deemed to be engaged either directly or indirectly in the business of CLIENT or deemed to be an agent of CLIENT. NADE does not have any control of CLIENT'S policy or personnel or the actions of CLIENT. b. MUTUAL LIMITATION OF LIAIiII.ITY The total cumulative liability of NADE to CLIENT or CLIENT to NADE under any circum- stances shall not exceed Sve hundred thousand dollars ($500,000.00). 7. FORCE MAJEURE In no event shall NADE have any responsibility or Lability to CLIENT whatsoever for any failure or delay in performance by NADE which is not otherwise excused and which results from or is due, duectly or indirectly and in whole or in part, any cause or circumstances beyond the reasonable control of NADE. Such cause or circumstance shall include (but shall not be limited to) acts of God, acts of CLIENT, acts, Hiles or regulation or orders of any governmental authority or agency thereof (whether civil, military, executive, legislative, judicial, or otherwise), strikes or other concerted acts of workers, lockouts, or other labor disputes or difficulties, 5res, storms, floods, earthquakes, epidemics, or other natural disasters, accidents, wazs, riots, rebellion, sabotage, insurrection or civil disturbance, difficulties or delays in private or public transportation or postal delivery services, inability to obtain or use from NADE's usual sources sufficient services, supplies, materials, energy, Labor, machinery, facilities, equipment or transportation or any other cause beyond NADE's reasonable control. 8. NIISCELLANEOIIS This Agcement contains the only and entire understanding and ageement between CLIENT and NADE, oral or written. This Ageement can only be changed by mutual written consent and signed by both parties. Such a Change becomes an inseparable part of this Ageement for the remaining term of the Ageement. This Agreement shall extend to and be binding upon both parties, their legal representatives, heirs, successors and assignees. The provisions of this Agreement relating to indemniScation and Lability shall survive any expiration or termination of this Agreement. Notices pertaining to this Ageement shatl be given in writing by U.S. First Class registered marl and return receipt, or equivalent, addressed to each party's address of record. The captions and headings contained in this Ageement are for reference purposes only, and shall not affect the construction or interpretation of this Ageement. The Page 4 of 4 DRUG AND ALCOHOL TESTING PROGRAM AGREEMENT 9. ACCEPTANCES By signing below, I understand, accept and approve the Ageement on behalf of my Company. AC F N ACCEPTED Signature Signatwe Rev. 09/20/95 and conditions of this William A. Kerekes Thomas Wickham Name Name President Supervisor Title Title (Corporate Officer) ~~' /2 •~1~~ October 3, 1995 Date Date ATTACHMENT A National Association of Drug-Free Employees Drug and Alcohol Testing Services FIGURE 4.1 DRUG AND ALCOHOL TESTING SERVICES PRICING SCHEDULE A. B. C. D. Clinic cl) On Site DRUG TESTING • Administration (ie random selection) • Collection/Laboratory Services • MRO Services Cost Per Test 44.00 50.0 (Z) ALCOHOL TESTING • Administration (ie random selection) • Breath Analysis Testing Cost Per Test (includes confirmation) 33.00 35.OOtZ~ EXPERT TESTIMONY • Medical $250.00 per hour • Technical $100.00 per hour TRAINING SERVICES $ 35.00 per hour One session of Supervisor and Employee training is included at no cost. Additional training sessions would be billed at the rates shown. Travel expenses, if applicable, would be billed at cost. Sou[hhold ATTACHMENT A National Association of Drug-Free Employees Drug and Alcohol Testing Services E. EMERGENCY/OFF HOUR DRUG OR ALCOHOL TESTING Cost Per Test (Drug, Alcohol or both) 2 .00 F. AUDIT SUPPORT In the event the client is audited by a Federal agency, NADE will provide audit support to assist the client in audit prepazation and will attend the audit if permitted for travel expenses only. Travel expenses will be billed at cost. G. DATA ENTRY FEE NADE will charge aone-time data entry fee of five dollars ($5.00) to add each employee to the database subsequent to the establishment of the program. H. MANAGEMENT FEE NADE will chazge a flat monthly fee of $SO to manage the overall program to meet DOT/FHWA requirements. (i> Clinic site location: Eastern Long Island Hospital ~''~ On site testing requires a minimum of 72 hours notification. In addition to the testing cost, NADE would also charge for mileage ($ .28/mile) for our collector to travel to and from the designated site. so~~nnoia NATIONAL ASSOCIATION OF DRUG-FREE EMPLOYEES 811 JERICHO TURNPIKE, SMITHTOWN, N Y • 11787 (516)361-6287/FAX:(516)361-8893 October 16, 1996 Town of Southold 53095 Main Rd. Southold, NY 11971 Attention: Ms. Barbara Rudder, ADM ~°~~O ~a~,l ,; , ,, ,i i a ~ -_- W~.~~I .~ Subject: 1997 Proposal for Drug and Alcohol Testing Services Dear Ms. Rudder: Pursuant to our recent telephone conversation,the National Association of Drug- Free Employees Inc.(NADE) is pleased to submit our proposal to provide continuing drug and alcohol testing services in 1997 to the Town of Southold. NADE proposes to maintain the same commercial terms and pricing that was in place in 1995/96. If_this is acceptable to the Tnwn~.pl~ase amend our contract with this letter. Please feel free to contact me at 516-361-6287 if you have any questions or need any additional information. Very truly yours, Cam`--- Wiliam A. Kerekes President WAK/cc Printed with Soy based INC on Recycletl Paper NATIONAL ASSOCIATION OF DRUG-FREE EMPLOYEES 811 JERICHO TURNPIKE, SMITHTOWN, DIY • 11787 (516) 361-6287/FAX: (516) 361-8893 January 13, 1998 Ms. Barbara Rudder Town of Southold 53095 Main Rd. Southold, NY 11971 ,~ it; ~--- ---____ ~ _ ,, I? 1! i,'~ 12 ~.- t 9 ~.f iii, JAlV ` , ~ f ~~ Subject: 1998 DOT Drug and Alcohol Testing Services Dear. Barbara: This letter is being sent per your request to confirm that NADE agrees to execute the automatic renewal clause of our contract for 1998. All pricing will remain the same. NADE appreciates the opportunity to provide our services for this most important effort. Please feel free to contact me at 516 a61-x287 if you have any questions or need any additional informaticr.. Very~~tr~u,~ly yours, Y~4-- William A. Kerekes President PnnleO wi/h Soy Basetl ink on Beoycletl Paper q ;mae trn+~d NATIONAL ASSOCIATION OFDRUG-FREE EMPLOYEES 811 JERICHO TURNPIKE, SMIT'I ITO~ti N, N Y • 11787 (516)361-6287/FAX:(516)361-8893 January 29, 1999 Ms. Barbara Rudder Town of S.o~old, 53095 Main Rd. ~' "` Southold, NY 11971 Subject: 1999 DOT Drug and AEcchci Testing Services Dear Barbara: °~ --- ( ~ r ~ r. -. -_. _. FrB - Z 1~9 - ;-,___, rrr~~ -~_....- -nr~ This letter is being sent per your request to confirm That NADE agrees to execute the automatic renewal clause of our contract fcr 1999. All pricing will remain the same. NADE appreciates the opportunity to provide our services for this most important effort. Please feel free to contact me at 516-361-6287 if you have any questions or need any additional information. Very truly yours, William A. Kerekes President Prinfetl with Soy eautl Ink on Fecycled Paper i JUDPI'H T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER h~o~OgOFFOC~-~ OG o y` VJ 2 ~~ ~lp• ~ 0`~1 '~' ~aOr Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516)765-1523 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 29, 7996: RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of the National Association of Drug-Free Employees, Inc. (NADE) to amend their current contract with the Town to cover continue providing services to the Town for 1997 under the same commercial terms and pricing that was in place in 1995/96. Judith T. Ter~~ Southold Town Clerk October 30, 1996 FROM yi~lDE , ~% PHONE N0. 5163618893 Feb. 14 2000 01:12PM P2 C i M +aaowo V NATIONAL ASSOCIATION_OF_URUGFKN E F.MPLOYP;N.'S 811 JERICHO TURNPIKE, SMITHTOWN, NY • 11787 (631) 361-6287/FAX: (631) 361-8893 February 11, 2000 Ms. Barbara Rudder Town of Southold 53095 Main Rd. Southold, NY 11971 Subject: 2000 DOT Drug and Alcohol Testing Services Dear Barbara: This letter is being sent per your request to confirm that NADE agrees to execute the automatic renewal clause of our contract for 2000. We are respectfully requesting to raise the drug testing price to $32 (from $31,00) for the Lab Corp collection sites. NADE appreciates the opportunity to provide our services for this most important effort. Please feel free to contact me at 631-361-6287 if you have any questions or need any additional information. Very truly yours, ~~ William A. Kerekes President Rlo(p11UlfA Sop EtlBed Ink on Recyc(eO Papp~