Res 037-97 3/4/1997RESOLUTION No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS; AUTHORIZING AN INTERLOCAL COOPERATION
AGREEMENT WITH WICHITA COUNTY TO ADM[INISTER. THE
COUNTY'S DRUG AND ALCOHOL FREE WORKPLACE POLICY FOR
COMMERCIAL DRIVER'S LICENSE-DEFINED EMPLOYEES; FINDING
AND DETERNHNING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS:
SECTION 1. That the City Manager be and is hereby authorized to execute an
agreement with Wichita County to administer the County's Drug and Alcohol Free Workplace
Policy for Commercial Driver's License-defined employees, in accordance with the terms and
conditions of the contract document, a copy of which is attached hereto and made a part hereof
for all purposes.
SECTION 2. It is hereby found and determined that the meeting at which this resolution
was passed was open to the public as required by law.
PASSED AND APPROVED this the 4th day of March, 1997.
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INTERLOCAL COOPERATION AGREEMENT
STATE OF TEXAS §
COUNTY OF WICHITA §
This agreement, made and entered into this A4 day of , 1997, by
and between the City of Wichita Falls, Texas, a municipal corporation, acting by and through its
duly authorized City Manager, and Wichita County, Texas, and Wichita County, Texas acting by
and through its duly authorized County Judge,
WITNESSETH:
WHEREAS, the City Wichita Falls and Wichita County, Texas, desire to enter into an
Agreement to provide for the administration of Wichita County's Drug and Alcohol Free
Workplace Policy for CDL (Commercial Driver's License) defined employees; and,
WHEREAS, such an agreement is authorized under Chapter 791, Government Code
(Interlocal Cooperation Act).
NOW, THEREFORE, for an in consideration of the mutual covenants hereinafter set
forth, the City of Wichita Falls and Wichita County agree as follows:
SERVICES TO BE PERFORMED. The City, through its Employee Benefits
division, shall perform for Wichita County the services set forth below:
Working in conjunction with Wichita County, identify those employees who meet the
definition of being a CDL-defined employee;
b. provide briefings to all affected CDL defined employees to orient them to the provisions
of the drug and alcohol free workplace policy prior to its implementation;
INTERLOCAL COOPERATION AGREEMENT PAGE I
c. provide supervisors of CDL- defined employees with one hour of drug awareness
education and one hour of alcohol awareness education and reasonable suspicion on an
annual basis;
d. provide the U.S. Department of Transportation Certified Breath Alcohol and Drug
Screening Testing for CDL - defined employees as follows:
1. pre - employment
2. post-accident/incident testing;
3. random;
4. reasonable suspicion (supervisor requested based on a reasonable suspicion that an
employee is under the influence of a substance when reporting for, or while on duty);
5. return-to -duty {for D.O.T. purposes};
6. follow -up testing.
e. provide that the testing of CDL - defined employees is conducted by certified technicians
using a Department of Transportation - approved evidentiary breath testing device;
f. provide that all drug test results are determined at a certified laboratory with the
appropriate chain of custody and that all confirmation testing is done using GC/MS;
g. provide a convenient location for the collection of drug and alcohol testing for CDL-
defined employees;
h. provide that the City of Wichita Falls would maintain all the records required by the
National Traffic Safety Administration and Department of Transportation; and,
i. provide the National Traffic Safety Administration and Department of Transportation
with all required reports relating to the requirements of maintaining a drug and alcohol
free workplace.
INTERLOCAL COOPERATION AGREEMENT PAGE 2
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2. FACILITIES AND PERSONNEL. City shall maintain the facilities and personnel
necessary to provide the services to be performed under this Agreement.
3. FEES. Wichita County agrees to pay the City of Wichita Falls, Employee Benefits Trust
the sum of $20.00 for each breath alcohol testing, and $28.00 for each drug screen conducted.
Payment shall be made on a monthly basis.
4. TERM. The term of this agreement shall be for a period of one (1) year, commencing
January I , 1997, and ending January __I_, 1998, and shall be automatically renewed for
successive one (1) year periods unless terminated as hereinafter provided. Either party shall have
the right to terminate this agreement by giving the other parry at least ninety (90) days written
advance notice of its intent to do so. If mutually agreeable between the parties, this agreement may
be terminated after the expiration of thirty (30) days.
5. RETURN OF FILES. Upon termination of this agreement, City agrees to immediately
return to Wichita County all files and records of Wichita County CDL drivers who have been
subjected to any term of this agreement. Return of said files and records shall be to the Wichita
County Judge, or his/her designee.
6. INDEMNIFICATION. Wichita County agrees to indemnify and hold harmless City
against any expense, loss, claim or judgment, including reasonable attorneys' fees, arising out of or
resulting from City's performance of its services hereunder. Any claim against the City arising out
of this agreement that is determined to be as a result of wilful or malicious conduct, or arising from
gross negligence, shall not be covered under this paragraph.
EXECUTED as of the day and year first set out above.
INTERLOCAL COOPERATION AGREEMENT PAGE 3
ATTEST:
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County Clerk
Corel\Dist -atty \Civil \Interlocal - WF -CDL Testing.001
CITY OF WICHITA FALLS, TEXAS
LIM
WICHITA COUNTY, TEXAS
By:
Nick Gipson, County Judge
INTERLOCAL COOPERATION AGREEMENT PAGE 4