Res 004-97 1/7/1997RESOLUTION NO. -4- a q
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS; AUTHORIZING AN INMRLOCAL COOPERATION
AGREEMENT WITH WICHITA COUNTY TO ADNENISTER THE
COUNTY'S DRUG AND ALCOHOL FREE WORKPLACE POLICY FOR
COMMERCIAL DRIVER'S LICENSE-DEFINED EMPLOYEES; FINDING
AND DETERM[INING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
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 7th day of January, 1997.
, 4A
M A Y/ 0) R
114yClerk
City
STATE OF TEXAS
COUNTY OF WICHITA §
INTERLOCAL COOPERATION AGREEMENT
This agreement, made and entered into this day of 1 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 of 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 and in consideration of the mutual covenants hereinafter set
forth, the City of Wichita Falls and Wichita County agree as follows: f
1. SERVICES TO BE PERFORMED. The City, through its Employee Benefits
division, shall perform for Wichita County the services set forth below:
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a. 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;
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/pre-duty testing;
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;
6. follow-up testing.
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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 GOMS;
9. 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.
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2. FACIUMS 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
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conducted. Payment shall be made on a monthly basis.
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4. TERM. The term of this agreement shall be for a period of one (1) year,
commencing January , 1997, and ending January , 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 party 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. 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.
EXECUTED as of the day and year first set out above.
City of Wichita Falls, Texas
By:
James Berzina, City Manager
Attest:
City Clerk
ATTEST:
County Clerk
Wichita County, Texas
Nick Gipson, County Judge