HomeMy WebLinkAboutCity of Tamarac Resolution R-99-279Temp. Reso. #8804 - October 18, 1999
Revision #2 — October 19, 1999
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99=a� % cI
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN
BROWARD COUNTY AND THE CITY OF TAMARAC FOR
PUBLIC TRANSPORTATION SERVICES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, sufficient public transportation is an important and essential component
of a progressive city; and
WHEREAS, the need to increase accessible transportation for Tamarac residents
has been identified by the City as a priority; and
WHEREAS, the City Manager appointed a Transportation Review Committee,
representing a cross-section of City Department Directors, to review the current program,
study the alternatives, and make recommendations for improvements for FY00; and
WHEREAS, the Transportation Review Committee has, through the Office of Social
Services, recommended expansion to the City's transportation services to the City
Manager and City Commission, and this recommendation was approved and adopted on
September 91h and 23'd, 1999, in the FY00 budget; and
WHEREAS, the recommendations of the Transportation Review Committee include
entering into an agreement with Broward County for the provision of three buses at a cost
to the City of ten dollars ($10.00) per bus, with an additional provision of $20,000 per bus
($60,000 total) to be given to the City from the County per year for operating expenses;
and
Temp. Reso. #8804 - October 18, 1999
Revision #2 — October 19, 1999
Page 2
WHEREAS, City staff has substantially completed the agreement with Broward
County for Public Transportation Services; and
WHEREAS, the Risk Manager has reviewed the agreement and deemed it to be
acceptable; and
WHEREAS, the Social Services Coordinator and the Assistant City Manager
recommend the adoption of the agreement to assist in enhancing the City's public
transportation services at a minimal cost; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to authorize the
execution of the agreement between Broward County and the City of Tamarac for Public
Transportation Services, subject to such revisions as negotiated and approved by the City
Manager, and reviewed for legal sufficiency and approved by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The appropriate City officials are hereby authorized to execute the
Agreement between Broward County and the City of Tamarac for Public Transportation
Services herein and made part hereof as Exhibit 1, subject to such revisions as negotiated
and approved by the City Manager, and reviewed for legal sufficiency and approved by the
City Attorney.
SECTION 3: All appropriate budgetary transfers of funds necessary to implement
this program are hereby authorized.
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1
Temp. Reso. #8804 - October 18, 1999
Revision #2 — October 19, 1999
Page 3
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 20T" day of October, 1999.
ATTEST:
CAROL G D
City Clerk
I HEREBY CERTIFY that I have
aArbved this RESOLUTION as to form
MITCHELL S.
City Attorney
SCHREIBER
ayor
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AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
PUBLIC TRANSPORTATION SERVICES
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
PUBLIC TRANSPORTATION SERVICES
This is an Agreement, made and entered into by and between: BROWARD
COUNTY, a political subdivision of the state of Florida, hereinafter referred to as
"COUNTY,"
hms
The CITY OF TAMARAC, a municipal corporation of the State of Florida, by and
through the Tamarac City Commission, hereinafter referred to as "CITY."
WHEREAS, public transportation services provided by COUNTY need to be
supplemented to serve a greater number of people in CITY; and
WHEREAS, public transportation resources are limited and must be used in the
most efficient manner to maintain citizen support; and
WHEREAS, both COUNTY and CITY agree that better public transportation to
residents of CITY is needed; and
WHEREAS, it is desirable to provide an alternative form of public transit service to
the residents of the CITY; and
WHEREAS, it is the intent of the parties that the alternative form of public transit
shall not duplicate the existing mass transit system in COUNTY; and
WHEREAS, COUNTY and CITY are willing to share the responsibilities and
expense of providing an alternative form of public transit in CITY; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CITY agree as follows:
-1-
0 ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement - means this document, Articles 1 through 9, inclusive. Other terms and
conditions are included in the exhibits and documents that are expressly
incorporated by reference.
1.2 Board - The Broward County Board of County Commissioners.
1.3 Contract Administrator - The Broward County Administrator, the Director of the
Broward County Mass Transit Division, or the designee of such County
Administrator or Director. The primary responsibilities of the Contract Administrator
are to coordinate and communicate with CITY and to manage and supervise
execution and completion of the Scope of Services and the terms and conditions
of this Agreement as set forth herein. In the administration of this Agreement, as
contrasted with matters of policy, all parties may rely on the instructions or
determinations made by the Contract Administrator.
1.4 County Attorney - The chief legal counsel for COUNTY who directs and supervises
the Office of the County Attorney pursuant to Section 4.03 of the Broward County
Charter.
1.5 Project - The Project consists of the services described in Article 2.
ARTICLE 2
SCOPE OF SERVICES
SERVICES TO BE PROVIDED BY CITY
2.1 CITY shall provide public transportation services within the CITY at the locations
and according to schedules as contained in Exhibit "A," a copy of which is attached
hereto and made a part hereof. The provision of transportation services may be
performed by the CITY through the use of its employees or the CITY may enter into
a contract with a third party to perform the services. In the event the CITY contracts
with a third party, the CITY shall remain fully responsible hereunder and shall
ensure that its contractor complies at all times with each and every term, condition,
duty, and obligation set forth herein. Any changes to Exhibit "A" made by CITY
shall be effective only upon the written consent of the Director of Mass Transit. The
services to be provided shall include the following:
• 2.1.1 Free fare public transportation service to the locations described in Exhibit
"A" shall be provided until such time as CITY determines a fare to be
appropriate. A public hearing shall be held prior to the institution of a fare.
Service shall be provided a minimum of five (5) days a week, to certain
locations and at scheduled intervals as on the attached Exhibit "A."
COUNTY shall be advised prior to the imposition of a fare.
2.1.2 The established service shall be on a fixed route basis with designated
intermediate stops a minimum of forty (40) hours per week and a minimum
of five (5) days per week, provided however the minimum hours of operation
shall be reduced by eight (8) hours during any week in which a legal holiday
is recognized on a week day. The CITY service shall connect with regular
COUNTY bus routes at Commercial Boulevard, McNab Road, Prospect
Road and State Road 7.
2.1.3 Vehicle(s) shall be operated by properly licensed operators ("vehicle
chauffeurs") employed by CITY or its contractors. These employees shall
provide full utilization of vehicle(s) to disabled passengers while in service.
2.1.4 Vehicle chauffeurs hired by CITY or its contractors shall issue COUNTY bus
route timetables to any passenger requesting such material.
2.1.5 Insofar as possible, scheduled service shall be coordinated with existing
COUNTY bus service. It is the intent of the parties that CITY's scheduled
service shall not be duplicative of existing COUNTY bus service.
2.1.6 CITY shall maintain the vehicle(s) provided to it by COUNTY in accordance
with manufacturer's standards and keep vehicle(s) in reasonable condition
at all times.
2.1.7 CITY shall comply with all applicable requirements of the Americans with
Disabilities Act (ADA) at all times while the vehicle(s) provided herein are
being utilized for public transportation and while utilizing any and all routes
approved herein. CITY shall be responsible for providing the required ADA
route deviation transportation services within the route(s) as established
herein when requested by an individual who is covered under the ADA, the
day before the service is to be provided and in accordance with the ADA
standards. To the extent that any terms in this Agreement are inconsistent
with the ADA, the requirements of the ADA shall control.
2.1.8 In accordance with Broward County Ordinance 92-8, CITY certifies by means
of Exhibit "B," which is attached hereto and incorporated herein by reference
as if set forth in full herein, that it will have a Drug -Free Workplace Program.
In the event the CITY contracts with a third party to perform the services
addressed herein, such contractor shall join either the CITY's or COUNTY's
Drug -Free Workplace Program and shall comply with each and every
program requirement related thereto.
2.1.9 Effective upon execution of this Agreement, CITY shall comply with all
applicable requirements of the United States Department of Transportation
which shall include, but not be limited to, regulations for drug and alcohol
testing. To the extent that any terms of this Agreement are inconsistent with
the United States Department of Transportation regulations, the
requirements of the United States Department of Transportation shall control.
2.1.10 CITY agrees that throughout the term of this Agreement that the Broward
County Transit (BCT) logo and the COUNTY assigned identification number
shall be conspicuously displayed on the rear of the vehicle at all times.
2.1.11 CITY shall maintain records of total passenger utilization and total mileage
on a daily basis in the format prescribed by COUNTY and shall furnish such
records to COUNTY on a monthly basis.
. 2.1.12 CITY shall at all time have and maintain in proper working order a dedicated
TTY number.
SERVICES TO BE PROVIDED BY COUNTY
2.2 EQUIPMENT AND CAPITAL CONTRIBUTION
2.2.1 COUNTY shall lease to CITY three (3) wheelchair accessible, passenger
vehicle(s) to be used in regular route service. Such vehicle(s) shall comply
with the Americans with Disabilities Act of 1990 and all applicable federal
and state regulations. This vehicle(s) shall be leased to the CITY for $10.00
each per year. Prior to the acceptance of the vehicle(s) by CITY, CITY, at
its own cost, shall have the right to inspect, or cause to be inspected, the
vehicle(s) by a mechanic designated by the CITY.
2.2.2 COUNTY shall provide the manufacturer's warranties and maintenance shop
manuals to the CITY.
2.2.3 COUNTY shall provide CITY with sufficient bus stop signs and signposts to
cover the route described in Exhibit "A." In the event, CITY desires to supply
its own signage at its own expense, such signage must be approved by
COUNTY.
2.3 TECHNICAL ASSISTANCE
2.3.1 COUNTY shall provide vehicle chauffeurs hired by CITY or its contractors
with training in passenger relations, rules of the road, and transit system
information. All vehicle chauffeurs shall be required to attend and
successfully complete the COUNTY's training program prior to operating the
vehicle(s) addressed herein. This requirement shall extend to any and all
vehicle chauffeurs employed at any time during the term of this Agreement.
2.3.2 COUNTY shall assist CITY staff with any aspect of planning and scheduling
of public transit routing that CITY might request.
2.3.3 COUNTY shall print and provide CITY with bus route timetables sufficient to
inform CITY residents and passengers of service made available as
described in Exhibit "A."
2.3.4 COUNTY shall assist CITY in procuring bus shelters at no cost to CITY that
generate revenue, if CITY requests.
• 2.3.5 If the chassis and power train of the vehicle are different than the Ford 350
model, COUNTY will assist CITY with the maintenance procedures.
2.4 CITY acknowledges and agrees that the Contract Administrator, unless specifically
authorized herein, has no authority to make changes that would increase, decrease,
or otherwise modify the Scope of Services to be provided under this Agreement.
ARTICLE 3
TERM AND TIME OF PERFORMANCE
The term of this Agreement shall begin on the date it is fully executed by both
parties and shall end September 30, 2000; provided, however, if the term of this
Agreement extends beyond a single fiscal year of COUNTY, the continuation of this
Agreement beyond the end of any fiscal year shall be subject to the availability of funds
from COUNTY in accordance with Chapter 129, Florida Statutes.
0 ARTICLE 4
FINANCIAL ASSISTANCE
4.1 COUNTY agrees to pay CITY Twenty Thousand Dollars ($20,000.00) per vehicle
per year of this Agreement toward the expense of maintaining, operating, and
properly equipping the vehicle provided to it by COUNTY. This amount is to be paid
by COUNTY upon the execution of this Agreement during the first year and on the
anniversary date each year thereafter. In the event that the term of this Agreement
shall be less than one full year, during the initial term or any term thereafter, the
above -referenced amount shall be prorated on a monthly basis. The funds
addressed herein shall be used by CITY solely for the purpose of maintaining,
operating, and properly equipping the vehicle(s) and for no other purpose.
4.2 The name of the official payee to whom COUNTY shall issue checks shall be City
of Tamarac.
ARTICLE 5
CHANGES IN SCOPE OF SERVICES
5.1 Any change to the Scope of Services must be accomplished by a written
amendment, executed by the parties in accordance with Section 9.13 below.
5.2 Any appreciable changes in the level of services, as determined by the Contract
Administrator's sole discretion, to be provided by CITY as set forth herein shall only
be implemented after COUNTY and CITY have entered into a modified agreement
describing the changed services. Nothing in this Agreement precludes the
possibility of COUNTY once again providing public transportation services if
ridership levels warrant expanded service.
5.3 The parties agree to renegotiate this Agreement if applicable federal, state, or local
laws or revisions of said laws make changes in the Agreement necessary or
desirable, as determined by the Contract Administrator.
0 ARTICLE 6
INDEMNIFICATION
CITY shall, to the extent permitted by law at all times hereafter, indemnify, hold
harmless, and defend COUNTY, its agents, servants, and employees from and against any
claim, demand, or cause of action of any kind or nature arising out of any error, omission,
or negligent act of CITY, its agents, servants, or employees in the performance of services
for which the CITY has responsibility under this Agreement.
COUNTY shall, to the extent permitted by law at all times hereafter, indemnify, hold
harmless, and defend CITY, its agents, servants, and employees from and against any
claim, demand, or cause of action of any kind or nature arising out of any error, omission,
or negligent act of COUNTY, its agents, servants, or employees in the performance of
services for which the COUNTY has responsibility under this Agreement.
Nothing herein is intended to serve as a waiver of sovereign immunity by either
COUNTY or CITY. Nothing herein shall be construed as consent by COUNTY or CITY
to be sued by third parties in any matter arising out of this Agreement or any other contract.
ARTICLE 7
INSURANCE
The parties hereto acknowledge that CITY is a commercially -insured governmental
entity subject to the limitations of Section 768.28, Florida Statutes. The CITY shall institute
and maintain a fiscally sound and prudent risk management program with regard to its
obligations under this Agreement in accordance with the provisions of Section 768.28,
Florida Statutes. If CITY contracts with a third party to provide the transportation service
addressed herein, any contract with such third party shall include the following provisions:
Indemnification: CITY's contractor agrees to indemnify,
reimburse, defend, and hold harmless COUNTY and
COUNTY's officers, agents, and employees for, from, and
against all claims, actions, or causes of actions, losses,
damages, liabilities, costs, and expenses, including,
reasonable costs, attorney's and paralegal's fees, imposed on
or incurred by COUNTY in connection with all loss of life,
bodily injury, personal injury, damage to property occurring
upon, or about or arising out of or relating to, the contractor's
occupancy or use of the vehicle(s) to perform the services set
forth herein.
Insurance: CITY's contractor shall at all times during the term
of this Agreement keep and maintain in full force and effect, at
contractor's sole cost and expense, insurance of the types and
amounts as set forth on Exhibit "C," a copy of which is
attached hereto and incorporated herein by reference as if set
forth in full, and shall name COUNTY as an additional insured.
Provisions Applicable to Insurance: At or prior to the
commencement of contractor's performance pursuant to the
provisions of any agreement with CITY involving the vehicle(s)
provided hereunder, contractor shall deliver the original
certificate of insurance required herein to COUNTY.
Contractor shall pay the premiums for all insurance required by
this Agreement. Contractor shall cause all policies of
insurance required by this Agreement to be renewed from time
to time so that at all times the insurance protection required by
this Agreement shall continuously exist. The policy shall not
be canceled or materially changed without the giving of at least
thirty (30) days' prior written notice thereof to COUNTY, and in
such event, a policy pursuant to the above terms must be
substituted.
ARTICLE 8
TERMINATION
8.1 This Agreement may be terminated for cause by action of Board or by CITY upon
thirty (30) days' written notice by the party that elected to terminate, or for
convenience by action of Board or CITY upon not less than sixty (60) days' written
notice by the party that elected to terminate. This Agreement may also be
terminated by Contract Administrator upon such notice as Contract Administrator
deems appropriate under the circumstances in the event Contract Administrator
determines that termination is necessary to protect the public health, safety, or
welfare.
8.2 Termination of this Agreement for cause shall include, but not be limited to, failure
to suitably perform the work, failure to continuously perform the work in a manner
calculated to meet or accomplish the objectives of COUNTY as set forth in this
Agreement, or breach of any of the provisions of this Agreement notwithstanding
whether any such breach was previously waived or cured.
8.3 Notice of termination shall be provided in accordance with the "NOTICES" section
of this Agreement except that notice of termination by Contract Administrator which
Contract Administrator deems necessary to protect the public health, safety, or
welfare may be verbal notice which shall be promptly confirmed in writing in
accordance with the "NOTICES" section of this Agreement.
8.4 In the event this Agreement is terminated for convenience, the financial assistance
provided by the COUNTY shall be prorated on a monthly basis to the date the
Agreement is terminated. However, upon being notified of COUNTY's election to
terminate, CITY acknowledges and agrees that ten dollars ($10.00) of the
compensation to be paid by COUNTY, the adequacy of which is hereby
acknowledged by CITY, is given as specific consideration to CITY for COUNTY's
right to terminate this Agreement for convenience.
8.5 Upon termination of this Agreement for whatever reason, CITY shall return the
vehicle leased herein to the COUNTY, CITY shall return the vehicle to COUNTY
in the condition it was received at the onset of this Agreement, normal wear and tear
excepted. The CITY's obligation to return the vehicle to the COUNTY in the
condition it was received shall include the removal of any painting or wrapping of the
vehicle for advertisement purposes. Any costs necessary to restore and/or prepare
the vehicle for return to COUNTY shall be the sole responsibility of the CITY.
COUNTY, through its Maintenance Transit Manager, shall have the right to inspect
and to approve the condition of the vehicle prior to acceptance and should the
Maintenance Transit manager determine that the vehicle is not in the proper
condition, CITY shall at its sole cost and expense remedy any and all deficiencies
identified by the Maintenance Transit Manager.
ARTICLE 9
MISCELLANEOUS
9.1 OWNERSHIP OF DOCUMENTS
Any and all reports, photographs, surveys, and other data and documents provided
or created in connection with this Agreement are and shall remain the property of
COUNTY. In the event of termination of this Agreement, any reports, photographs,
surveys, and other data and documents prepared by CITY, whether finished or
unfinished, shall become the property of COUNTY and shall be delivered by CITY
to the Contract Administrator.
9.2 AUDIT RIGHT AND RETENTION OF RECORDS
COUNTY shall have the right to audit the books, records, and accounts of CITY.
CITY shall keep such books, records, and accounts as may be necessary in order
to record complete and correct entries related to the Project.
CITY shall preserve and make available, at reasonable times for examination and
audit by COUNTY, all financial records, supporting documents, statistical records,
and any other documents pertinent to this Agreement for the required retention
period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or,
if the Florida Public Records Act is not applicable, for a minimum period of three (3)
years after termination of this Agreement. If any audit has been initiated and audit
findings have not been resolved at the end of the retention period or three (3) years,
whichever is longer, the books, records, and accounts shall be retained until
resolution of the audit findings. If the Florida Public Records Act is determined by
COUNTY to be applicable to CITY's records, CITY shall comply with all
requirements thereof; however, no confidentiality or non -disclosure requirement of
either federal or state law shall be violated by CITY. Any incomplete or incorrect
entry in such books, records, and accounts shall be a basis for COUNTY's
disallowance and recovery of any payment upon such entry.
9.3 NONDISCRIMINATION EQUAL EMPLOYMENT OPPORTUNITY AND
AMERICANS WITH DISABILITIES ACT
CITY shall not unlawfully discriminate against any person in its operations and
activities or in its use or expenditure of funds in fulfilling its obligations under this
Agreement. CITY shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act (ADA) in the course of providing any services funded
by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the
basis of disability), and all applicable regulations, guidelines, and standards. In
addition, CITY shall take affirmative steps to ensure nondiscrimination in
employment against disabled persons. Such actions shall include, but not be
limited to, the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, termination, rates of pay, other forms of
compensation, terms and conditions of employment, training (including
apprenticeship), and accessibility.
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0 9.4 INDEPENDENT CONTRACTOR
CITY is an independent contractor under this Agreement. Services provided by
CITY shall be subject to the supervision of CITY, and such services shall not be
provided by CITY or its agents as officers, employees, or agents of the COUNTY.
The parties expressly acknowledge that it is not their intent to create any rights in
any third person or entity under this Agreement.
9.5 NOTICES
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand -delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving notice shall remain the same as set forth
herein until changed in writing in the manner provided in this section. For the
present, the parties designate the following:
FOR BROWARD COUNTY:
Director of Mass Transit Division
. Broward County Mass Transit Division
3201 West Copans Road
Pompano Beach, Florida 33069
FOR CITY:
City Manager
City of Tamarac
7525 Northwest 881h Avenue
Tamarac, Florida 33321
With a copy to the City Attorney at the same address.
9.6 ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by either party and CITY shall not subcontract any portion of the work
required by this Agreement except as authorized herein.
CITY represents that all persons delivering the services required by this Agreement
have the knowledge and skills, either by training, experience, education, or a
combination thereof, to adequately and competently perform the duties, obligations,
and services set forth in the Scope of Services and to provide and perform such
services to COUNTY's satisfaction.
CITY shall perform its duties, obligations, and services under this Agreement in a
skillful and respectable manner. The quality of CITY's performance shall be
comparable to the best local and national standards.
9.7 WAIVER OF BREACH AND MATERIALITY
Failure by COUNTY to enforce any provision of this Agreement shall not be deemed
a waiver of such provision or modification of this Agreement. A waiver of any
breach of a provision of this Agreement shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of
this Agreement.
COUNTY and CITY agree that each requirement, duty, and obligation set forth
herein is substantial and important to the formation of this Agreement and,
therefore, is a material term hereof.
9.8 COMPLIANCE WITH LAWS
CITY shall comply with all federal, state, and local laws, codes, ordinances, rules,
and regulations in performing its duties, responsibilities, and obligations related to
this Agreement.
9.9 SEVERANCE
In the event this Agreement or a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless COUNTY or CITY elects to terminate this Agreement. The election
to terminate this Agreement based upon this provision shall be made within seven
(7) days after the finding by the court becomes final.
9.10 JOINT PREPARATION
Preparation of this Agreement has been a joint effort of COUNTY and. CITY and the
resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the parties than any other.
0 -12-
0 9.11 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto, any document or events referred to herein,
or any document incorporated into this Agreement by reference and a term,
statement, requirement, or provision of this Agreement, the term, statement,
requirement, or provision contained in Articles 1 through 9 of this Agreement shall
prevail and be given effect.
9.12 APPLICABLE LAW AND VENUE
This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the State of Florida. Venue for litigation concerning this
Agreement shall be in Broward County, Florida.
9.13 AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the
same or similar formality as this Agreement and executed by the Board and CITY.
0 9.14 PRIOR AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not
contained in this document. Accordingly, the parties agree that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements,
whether oral or written. It is further agreed that no modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless
contained in a written document in accordance with Section 9.13 above.
9.15 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above is acknowledged
by the parties. The attached Exhibits "A," "B," and "C" are incorporated into and
made a part of this Agreement.
-13-
0 9.16 COUNTERPARTS
•
This Agreement may be executed in three (3) counterparts, each of which shall be
deemed to be an original.
(Intentionally left blank)
-14-
IN WITNESS WHEREOF, the parties hereto have made and executed this Agree-
ment: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing
by and through its Chair or Vice Chair, authorized to execute same by Board action on the
day of , 1999, and CITY OF TAMARAC, signing by and
through its Interim City Manager, duly authorized to execute same.
ATTEST:
Broward County Administrator, as
Ex-officio Clerk of the Broward County
Board of County Commissioners
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11
COUNTY
-15-
BROWARD COUNTY, by and through
its Board of County Commissioners
Chair
Approved as to form by
EDWARD A. DION, County Attorney
for Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
M
SHARON V. THORSEN
Assistant County Attorney
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR PUBLIC
TRANSPORTATION SERVICES
CITY
Resolution Number R99-279 PASSED, ADOPTED AND APPROVED this 20T" day of
October, 1999.
CITY OF TAMARAC
ATTEST:
CAROL GOLD
City Clerk
I HEREBY CERTIFY
City Attorney
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10/18/99
have
,ISCHREiBER
Mayor
JEFF Y L. MILLER
City Manager
as
Agreement Between Broward County
and the City of Tamarac for Public
"Transportation Services
Exhibit B
City of Tamarac, Florida
Administrative Policy
Title: Drug and Alcohol Free Workplace Policy
Originating Department: Risk Management
Policy Number: 96-08
\h,
Effective Date: April 1, 1996
Supersedes: All Previous Policies
Page-1- of 17
PURPOSE: To inform City employees of Drug and Alcohol Free Workplace Policy and how it
works
• POLICY STATEMENT:
The City of Tamarac (hereinafter referred to as the "City") is committed to providing a safe work
environment for our employees, our community, and the public. The abuse of alcohol and drugs
is a national problem which impairs the safety and health of employees, promotes crime and harms
our community. In order to maintain the high standards of morale, productivity and safety in our
City's operations, the City is instituting a Drug and Alcohol Free Workplace Program. With the
cooperation and assistance of our employees, the City is implementing a program designed to
provide a safe workplace environment free from drugs and alcohol abuse.
The City's policy is in accordance with the Florida Drug Free Workplace Program as provided in
Florida State Statute, Section 440.102, and Florida Administrative Code, Rules 38F-9.001 to 9.013.
To ensure a work place free from the influence of illegal drugs and alcohol abuse, the following
policy has been established.
B. DEFINITIONS:
1.0 Alcohol
1.1 "Alcohol" means ethyl alcohol (ethanol) and includes distilled spirits, wine, malt
beverages and intoxicating liquors.
2.0 Dru s
2.1 "Drugs" means alcohol, amphetamines: cannabinoids: cocaine, phencyclidine (PCP);
A
Agreement Between Broward County
and the Citv of Tamarac for Public
Transportation Services
Exhibit B
Title: Drug and Alcohol Free Workplace Policy
3.0
4.0
5.0
Page 2 of 17
Al
hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthE
narcotics; designer drugs; or a metabolite of any of the substances listed herein.
can
3.1 "Job Applicant" means a person who has applied for a position with the City and h
been offered employment conditioned upon successfully passing a drug and.
alcohol test.
Eml2loyee
4.1 "Employee" means an individual who works for the City on a full-time or part-tir
basis and receives compensation.
Ong s'
ng
5.1 "Drug Testing" means any chemical, biological or physical instrumental analysis
the purpose of determining the presence of a drug or its metabolites, includi.
alcohol.
5.2 Drug testing may require the collection of blood, urine, breath, saliva or hair of I
employee or job applicant.
5.3 "Initial drug test" means a screening procedure of the blood and urine of employe
and job applicants for the presence of alcohol and drugs in accordance with t.
Florida Drug -Free Workplace Program and appropriate Florida Administrative RuIE
All levels equal or to exceeding the following shall be reported as positive:
Alcohol
0.04 g%
Amphetamines
1,000 ng/ml
Cannabinoids
100 ng/mi
Cocaine
300 ng/ml
Phencyclidine
25 ng/ml
Methaqualone
300 ng/ml
Opiates
300 ng/mi
Barbiturates
300 ng/ml
Benzodiazepines
300 ng/mi
Synthetic Narcotics:
Methadone
300 ng/mi
Propoxyphene
300 ng/ml
5.4 "Confirmation test" means a second test of all specimens identified as positive on
initial test in accordance with the Florida Drug -Free Workplace Program ar
appropriate Florida Administrative Rules. All levels equal to or exceeding
following shall be reported as positive:
Agreement Between Broward County
and the City of Tamarac for Public
Transportation Services
Exhibit B
jitle: Drug and Alcohol Free Workplace Policy
Page 3 of 17
Alcohol
0.04 g%
Amphetamines
1,000 ng/ml
Cannabinoids
15 ng/mi
Cocaine
150 ng/ml
Phencyclidine
25 ng/mi
Methaqualone
150 ng/ml
Opiates
300 ng/ml
Barbiturates
150 ng/ml
Benzodiazepines
150 ng/mi
Synthetic Narcotics:
Methadone
150 ng/mi
Propoxyphene
150 ng/mi
5.5 Drug. Tgst U91bodoloa
Specimens for drug testing will be collected, handled, maintained and tested in accordance
with the Florida Drug -Free Workplace Program and the appropriate Florida Administrative
Codes. Urine will be used for the initial and confirmation tests for all drugs except alcohol.
Blood will be used for the initial and confirmation tests for alcohol.
6.0 P_ositive Confirmed Test or CQI3fflrmat[on Test
6.1 "Positive confirmed test" or "confirmation test" means a second procedure which confirms
a positive result from an initial drug test.
7.0 Medical Review Officer
7.1 "Medical Review OfFcer" (MRO) means a licensed physician who is responsible for receiving
and reviewing all positive confirmed test results and who is responsible for contacting all
individuals who tested positive in a confirmation test to inquire about possible medications
which could have caused a positive result.
8.0 Plgscri.ption or Non-Prescri�tign Medication
8.1 "Prescription or non-prescription medication" means a drug or medication obtained -pursuant
to a prescription as defined by Florida State Statute, Section 893.02, or a medication that
is authorized pursuant to federal or state law for general distribution and use without a
prescription in the treatment of human diseases, ailments or injuries.
Reasonable Suspicion Drug Testina
9.1 "Reasonable suspicion drug testing" means drug testing based on a belief that an employee
is using or has used drugs and/or alcohol in violation of this policy, drawn from specific
objective and articulable facts and reasonable inferences drawn from those facts in light of
experience. Such facts and inferences may be based upon:
Agreement Between Broward County
and the City of Tamarac for Public
Transportation Services
Exhibit B
,'itle: Drug and Alcohol Free Workplace Policy `n
Page 4 of 17 Y l�
a. Observable phenomena while at work, such as direct observation of drug and/or
alcohol use or of the physical symptoms or manifestations or being under the
influence of a drug and/or alcohol.
b. Abnormal conduct or erratic behavior while at work or a significant deterioration of
work performance.
C. A report of drug and/or alcohol use, provided by a reliable and credible source, which
has been independently corroborated.
e. Information that an employee has caused, or contributed to, or been involved in an
accident while at work.
f. Evidence that an employee has used, possessed, sold, solicited or transferred drugs
and/or alcohol while working or while on the City's premises or while operating a
vehicle, machinery or equipment of the City.
10.0 Specimen
10.1 "Specimen" means a tissue or product of the human body including blood, urine.
saliva, hair, capable of revealing the presence of alcohol and/or drugs on their
metabolites.
C. GE ERAL PROCEDURES:
1.0 Types of Testing
In order to maintain a drug and alcohol free work environment, the City will test for the
presence of alcohol and drugs in the following circumstances:
1.1 Job A licants: All job applicants who have been offered a position of employmen-
are required to take a drug and alcohol test.
1.2 Reasonable Suspicion: All employees who are determined to be under reasonablE
suspicion of drug or alcohol use (as defined herein), are required to take a drug anc
alcohol test.
1.3 Fitness -For -Duty: All employees who are subject to a routine fitness for duty,
medical examination are required to take a drug and alcohol test as part of thei
medical examination.
1.4 Follow -Up: All employees who have entered an employee assistance program or
rehabilitation program for drug and/or alcohol abuse are required to take drug anc
alcohol tests on a quarterly, semi-annual or annual basis for two years after return tc
work.
Agreement Between Broward CauntN
and the Citv of Tamarac for Public
Transportation Services
Exhibit B
itle: Drug and Alcohol Free Workplace Policy , n
Page _�L of iLL_ U L
1.5 P s Accident or Inju : All employees who are involved in an accident or injury
to an employee occurring while at work, which was caused, contributed to or involved
an employee, are required to take a drug and alcohol test after administration of
emergency medical care.
2.0 Conseguenggs of Refusinga Drug Test
2.1 An employee who refuses to submit to a drug and/or alcohol test will be subject to discipline,
up to and including termination. An employee who refuses to submit to a drug test also will
forfeit his eligibility for all workers' compensation medical and indemnity benefits.
2.2 A job applicant who refuses to submit to a drug and/or alcohol test will not be hired.
3.0 Actions_Eollowing_Eositivg Confirmed
3.1 The City may institute disciplinary action, up to and including termination, for any employee
who has a positive, confirmed drug test.
4.0 gg0fld tx�tac
4.1 Confidentiality of records concerning drug and/or alcohol testing will be maintained except
to the extent necessary to comply with this policy. All information, records, drug test results
in the possession of the City, laboratories, employee assistance programs and drug and
alcohol rehabilitation programs will be kept confidential.
No such information or records will be released unless written consent, signed by an
employee or job applicant, is provided or unless such information or records are compelled
by a court or by a professional or occupational licensing board in a related disciplinary
proceeding. The City will maintain records concerning drug and/or alcohol testing separate
and apart from a job applicant or employee's personnel file.
Information on drug and/or alcohol testing results shall not be released in any criminal
proceeding.
5.0 Reporting of Use of Medication
5.1 Employees and job applicants may confidentially report the use of prescription or non-
prescription medication both before and after having a drug test. A form for reporting
medication use is attached.
'J.0 Notice of Common Medications
6.1 A list of the most common medication by brand name or common name, as applicable. as
well as by chemical name, which may alter or affect a drug test is attached as Exhibit "1
Employees and job applicants should review this list prior to submitting a drug test.
Agreement Between Broward County
and the City of Tamarac for Public
Transportation Services
Exhibit B
Title: Drug and Alcohol Free Workplace Policy
Page 6 of 17
VL
7.0 Modication Information
7.1 An employee or job applicant may consult with the testing laboratory for technical
information regarding prescription and non-prescription medication.
8.0
�]
Eml2loyn Assistange Program;
8.1 The following is the name and telephone number of the United Way and Psych/Care, Inc. -
HIP which will provide information regarding employee assistance programs and local
alcohol and drug rehabilitation programs available:
Psych/Care, Inc.
HIP/HMO
1-800-221-5487
United Way
467-6333
Other resources available are:
1-800-356-9996
1-800-527-5344
1-800-COCAINE
1-800-NCA-CALL
1-800-HELP
1-800-843-4971
Drugs To Be Tested
Psych/Care, Inc.
HIP/PPO
1-800-221-5487
AI -Anon
American Council of Alcoholism Helpline
Cocaine Hotline
National Council on Alcoholism
National Institute on Drug Abuse Hotline
National Institute on Drug Abuse Hotline
9.1 Drugs that will be tested are as follows:
a. Alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors
b. Amphetamines
C. Cannabinoids
d. Cocaine
e. Phencyclidine (PCP)
f. Hallucinogens
g. Methaqualine
h. Opiates
I. Barbiturates
j. Benzodiazepines
k. Synthetic narcotics
I. Designer drugs
M. A metabolite of any of the substances listed herein.
Agreement Between Broward County
and the City of'Tamarac tier Public
Transportation Services
Exhibit Q
0 a: Drug and Alcohol Free Workplace Policy
Page 7 of 17
-- Y�l
A list of drugs by brand names or common names is attached.
The cut-off levels for reporting positive results for both initial and confirmation drug tests are set
forth in Article 5 of this policy.
10.0 QbaLfpenge of Jest Re Its
10.0 An employee or a job applicant who receives a positive confirmed test result may contest
or explain the result in writing within five (5) working days of receipt of notification of a
positive confirmed test result.
10.2 If the explanation or challenge of the employee or job applicant is unsatisfactory to the City;
the City, within fifteen (15) days of receipt, will provide a written explanation as to why the
employee or job applicant's explanation is unsatisfactory, and a copy of the report of positive
confirmed test results.
10.3 An employee may further challenge the results of the test in a court of competent jurisdiction
• or, if the drug test was administered due to a workplace injury, by filing a claim for benefits
with a Judge of Compensation Claims, pursuant to Chapter 440, Florida Statutes.
10.4 If an employee or job applicant contests the drug test results, he must notify the laboratory.
11.0 Rights Under Collective Bargaining Agreement-s
11.1 Employees who are covered under collective bargaining agreements between the City and
the International Association of Firefighters and/or the Federation of Public Employees may
have the right to file a grievance regarding discipline imposed by the City as a result of a
violation of this policy.
D. PQLICY REQUIRE ENTS:
To determine the suitability of employees who work for the City, the following pre -employment
conditions are established:
1.0 Conditions of Pre-FM12loyment
1.1 All job applicants will be tested prior to employment for drug use and alcohol use.
Any job offer which a job applicant may receive from the City is contingent upon
successfully completing a required physical examination.
1.2 Any job applicant who refuses to submit to drug and alcohol testing as part of the pre-
employment testing process will be refused employment.
1.3 Any job applicant who tests positive for drugs or alcohol use will be refused
employment at that time.
: Drug and Alcohol Free Workplace Policy
Agreement Between Broward County
and the City of Tamarac tier Public
Transportation Services
Exhibit B
Page 8 of 1 T V �--
1.4 Confidentially will be maintained pursuant to this policy.
1.5 The City will not discriminate against applicants for employment because of the past
abuse of drugs or alcohol. It is the current abuse of d s or alcoh i that the City will
not tolerate.
2.0 ditions of Cordinuing Em to me
The following are to be considered conditions of continuing employment with the City and are to i
be consistently adhered to:
2.1 All employees are prohibited from the unlawful manufacturing, distributing, dispensing,
possessing, selling or using of any drug or unprescribed, controlled substances and/or the
unauthorized usage of alcohol on any City property. j
2.2 An employee is required to notify his immediate supervisor (or supervisor in charge) when i
reporting for duty or in the course of his work shift if his use of any prescription or non-
prescription medication may adversely affect his ability to satisfactorily perform his normal
job duties (e.g. drowsiness).
2.3 Employees will be required to submit to drug or alcohol testing when a supervisor has
"reasonable suspicion", as defined in Article 9 of this policy, to believe that an employee is
using or has used drugs or alcohol in violation of this policy. The supervisor will document
the circumstances which formed his determination of "reasonable suspicion" in writing within
seven (7) days. A form for the use of a supervisor to specify the reason(s)'for the test is
attached. A copy of this documentation will be given to the employee upon request within
seven (7) days.
2.4 An employee who tests positive on a confirmation test will be subject to discipline for cause,
up to and including termination.
2.4.1 Refusal of a Treatment Program
An employee who is offered an opportunity to enter into a treatment program and
refuses to do so will be terminated immediately.
2.4.2 Treatment Program Requirements
Employees who have been provided with an opportunity to enter a treatment and/or
rehabilitation program must meet all requirements of that program. Failure to follow
or complete the treatment and/or rehabilitation program or a subsequent positive
confirmed drug and/or alcohol test will result in immediate termination.
2.5 Confidentiality will be maintained at all times except to the extent necessary to comply with
these policies.
Agreement Between Broward County_
and the City of Tamarac for Public
Transportation Services
Exhibit B II
�fle: Drug and Alcohol Free Workplace Policy
Page 9 of 17
2.6 Employee Drug Convictions
Employees are required to notify the City of any criminal drug and/or alcohol statute
conviction or violation occurring in the workplace no later than five (5) days after such
conviction.
2.6.1 The City will take appropriate disciplinary action against such employee within thirty
(30) days of receiving notice of an employee who is so convicted.
3.0 o ee ucatio ro
3.1 Employees will be required to participate in a drug -free awareness program on an annual
basis. The program will inform employees about the following:
a. The legal, social, physical and emotional consequences of the misuse of alcohol or
drugs.
b. The City's commitment to maintain a drug -free workplace.
C. Available drug counseling, rehabilitation and employee assistance programs.
d. Assistance in identifying personal and emotional problems which may result in the
misuse of alcohol or drugs.
e. The penalties which may be imposed by the City on employees for drug abuse
violations occurring in the workplace.
4.0 ffmpl yge Assistance Program
It is the responsibility of each employee to seek assistance before drugs and alcohol lead to
disciplinary problems.
4.1 Once a violation of this policy occurs, subsequent use of the Employee Assistance Program
on a voluntary basis will not affect the determination of appropriate disciplinaryaction.
4.2 An employee's decision to seek assistance from the Employee Assistance Program rigor to
any incident warranting disciplinary action will not be used as the basis for disciplinary action
or in any disciplinary proceeding.
. 4.3 There is no interest in restricting social drinking outside of working hours and no intent to
intrude on private or personal lives of employees. The City is concerned only when the
employee's health and/or job performance is adversely affected.
4A Upon successful completion of a drug and/or alcohol treatment program, an employee may
Title: Drug and Alcohol Free Workplace Policy
Agreement Between Broward County
and the City of Tamarac for Public
Transportation Services
---• Exhibit B `n
Page 10 of 17 V l�—
be released to resume work but will be subject to drug testing on a random, periodic basis,
at least quarterly, for at least two years thereafter as a condition of continued employment.
4.5 An individual's participation in the program will not be made part of any personnel records
and will remain confidential except to the extent necessary to comply with this policy.
Medical and insurance records, if any, will be preserved in the same confidential manner as
all other medical records. Program participation records will be maintained by the Medical
Review Officer.
5.0 Manage-Responsibilifigg
The City Manager, the Assistant City Managers, Department Directors, including Supervisors
(hereafter collectively referred to as "Supervisors") are responsible for implementing the drug and
alcohol free workplace policy. It is the responsibility of supervisors to observe the behavior of
employees on the job as a precaution against unstable or unreliable behavior which could threaten
the safety and well-being of employees, customer or the public.
5.1 Supervisors are responsible for maintaining a safe work environment by determining
employees' fitness for duty.
• 5.2 In the event a (
suspicion has a reasonable supervisor sus as defined in Article 9) that an
P P
employee may be affected by drugs or alcohol, the employee must be sent for drug testing.
A form for reporting the reason(s) for drug testing is attached.
5.3 In all cases, when an employee is being removed from duty for drug testing, the supervisor
should notify his superior at the earliest possible time.
6.0 F.M,ployees' ResR„4 sibilities
6.1 It is each employee's responsibility to be fit for duty when reporting for work and to inform
his supervisor if he is under prescription or non-prescription medication which may affect job
performance.
6.2 In the event an employee observes behavior which raises a doubt as to the ability.of a co-
worker to work in a safe, reliable and trustworthy manner, the employee should report this
behavior to his supervisor.
6.3 Employees who voluntarily or, as a condition of continued employment, enter a drug or
alcohol treatment and/or rehabilitation program are required to participate and complete
recommended treatment. Any employee who enters a drug or alcohol treatment and/or
rehabilitation program will be responsible for payment of the treatment and/or program. If
the employee fails to comply with the treatment and/or the program, the employee will be
subject to discipline, up to and including termination.
Title: Drug and Alcohol Free Workplace Policy
Page 11 of.17
Agreement Between Broward County
pi Medical Review Officer's (MRO) Resgonsibilities and the City of Tamarac for Public
Transportation Services
Exhibit B
7.1 The MRO will review all information from the testing laboratory in the event of a positive,
confirmed test. The MRO will review any information from the employee or job applicant
regarding the use of medication or other relevant medical information set forth in the form
submitted prior to drug testing.
•
7.2 The MRO may request that the testing laboratory provide quantification of test results.
7.3 The MRO will provide his interpretation of positive, confirmed test results to the Personnel
Director or Risk Manager.
7.4 The MRO will assist employees in an Employee Assistance Program, monitor such
employees' progress and confirm completion of the treatment program.
Approved:
R. S. Noe
City Manager
Title: Drug and Alcohol Free Workplace Policy
11
DRUGS
NARCOTICS
Opium
Morphine
Codeine
Heroin
Hydromorphone
Meperidine (Pethidine)
Methadone
Other Narcotics
DEERESSANTS
Chloral Hydrate
Barbiturates
Benzodiazepines
"'!�thaqualone
Oer Depressants
STIMULANTS
Cocaine
Amphetamines
Phenmetrazine
Methylphenidate
Other Stimulants
HALLUCINOGENS
LSD
Mescaline and Peyote
Amphetamine Variants
Phencyclidine
Phencyclidine Analogs
Other Hallucinogens
CANNABIS
Marijuana
Tetra hydrocannabinoi
Hashish
Hashish Oil
0
Agreement Between Broward County
and the City of Tamarac for Public
Transportation Services
Page 12- of 17 Exhibit B
THE CITY OF TAMARAC
LIST OF DRUGS BY TRADE OR COMMON NAMES
TIDE OR COMMON NAMES
Dover's Powder, Paregoric, Parepectolin
Morphine, Pectoral Syrup
Tylenol with Codeine, Empirin Compound with Codeine,
Diacetylmorphine, Horse, Smack
Dilaudid
Demerol, Mepergan
Dolophine, Methadone, Methadone
Robitussin A-C
LAAM, Leritine, Numorphan, Percodan, Tussionex, Fentanyl, Darvon, Talwin,
Lomotil
Noctec, Somnos
Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate
Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax,
Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril
Quaalude
Equanil, Miltown, Noludar, Placidyl, Valmid
Coke, Flake, Snow, Crack
Biphetamine, Delcobese, Desoxyn, Dexedrine, Mediatric
Preludin
Ritalin
Adipex, Bacarate, Cylert, Didrex, lonamin, Plegine, Pre -Sate, Sancrex,
Tenuate, Tepanil, Voranil
Acid, Microdot
Mesc, Buttons, Cactus
2, 5-DMA, PMA, STP, MDA, MDMA, TMA, DOM, DOB
PDP, Angel Dust, Hog
PCE, PCPy, TCP
Bufotenine, Ibogaine, DMT, DET, Psilocyin
Pot, Acapulco Gold, Grass, Reefer, Sinsemiila Thai Sticks
THC
Hash
Hash Oil
Title: Drug and Alcohol Free. Workplace Policy `n
Page 13 of 17 1 L.
Agreement Between Broward County
and the City of Tamarac for Public
EXHIBIT 1 Transportation Services
Exhibit B
THE CITY OF TAMARAC
OVER-THE-COUNTER AND PRESCRIPTION DRUGS WHICH COULD
ALTER OR AFFECT THE OUTCOME OF A DRUG TEST
6LCOHOL
All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol content. As an example.
Vick's Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contac Severe Cold Formula Night
Strength is 25% (50 proof) and Listetine is 28.9% (54 proof).
raIT, I:L=4ICUM M.
Obetroi, Biphetamine, Desoxyn, Dexedrine, Didrex
CANNABINOIQS
Marinol (Dronabinol, THC)
I=CAINE
Cocaine HCI topical solution (Roxanne)
PHENCYCLIM E
Not legal by prescription
dIELAQUALONEE
Not legal by prescription
Mom_
Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin with Codeine, APAP with Codeine.
Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid
(Hydromorphone), M-S Contin and Roxanol (morphine sulfate), Percodan, Vicodin, etc.
Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinai, Moricet, Esgic, Butisol, Mebaral, Butabarbital,
Butabitai, Phrenilin, Triad, Etc.
Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion,
Paxipam, Restoril, Centrax
Title: Drug and Alcohol Free Workplace, Policy
Page 14 of 17
AD N
Dolophine, Methadose
ER DoXYPHENE
Darvocet, Darvan N, Dolene, etc.
Agreement Between Broward County
and the City of Tamarac for Public
Transportation Services
Exhibit B
LIST PRESCRIPTION DRUGS TAKEN WITHIN THE LAST 30 DAYS. THIS IS FOR YOUR USE ONLY AT THIS
TIME:
NAME.
SOCIAL SECURITY NUMBER:
Title: Drug and Alcohol Free Workplace policy
Page L! of 17
Agreement Between Broward Co
THE CITY OF TAMARAC and the City of Tamarac for Publi
Transportation Services
DRUG AND ALCOHOL TEST DIRECTION FORM Exhibit B
I direct
(Name of Employee)
to take a drug and alcohol test pursuant to the City of Tamarac Drug and Alcohol Free Workplace Policy and V
Rules. This drug and alcohol test is required because of the following reason(s) (e.g. reasonable suspic
accident):
The above stated reason(s) was also witnessed by:
r, (Name of Other Supervisor/Employee)
Name
Position
Date
Signature
Social Security Number
Additional Witness Name
Position
Date
Signature
Title: Drug and Alcohol Free Workplace Policy v
Page _jam of _IZ_ 1
THE CITY OF TAMARAC Agreement Between Broward Coun
and the Citv of Tamarac for Public
FORM FOR REPORTING THE USE OF PRE
PRESCRIPTION OR xhibportation Services
xhioit B II
NON-PRESCRIPTION MEDICATION
NAME:
DATE:
PRESCRIPTION MEDICATION:
NON-PRESCRIPTION MEDICATION:
0
Title: Drug and Alcohol Free Workplace Policy
Page 17 of 17 -
•
PLEASE READ CAREFULLY
THE CITY OF TAMARAC
PRE -EMPLOYMENT AGREEMENT
Agreement Between Broward County
and the City of Tamarac for Public
Transportation Services
Exhibit B
I freely and voluntarily consent to submit to a drug and alcohol test of my urine and blood as part of my application
for employment. I understand that either my refusal to submit to the drug and alcohol test or my failure to qualify
according to the minimum standards established by the City of Tamarac for this drug and alcohol test, may
disqualify me from further consideration for employment.
I further understand that upon commencement of employment with the City of Tamarac, 1 may again be required
to submit to a drug and alcohol test. I understand that refusal to take a requested test or failure to meet the
minimum standards set for the test, may result in discipline, up to and including termination.
I have read in full and understand the above statements and conditions of employment.
APPLICANTS SIGNATURE
7sWiM
SOCIAL SECURITY NUMBER _ PRINTED NAME
-----_._. --_.--_. --,.._..._..,_--------------------.
STATE OF
COUNTY OF
On the day of
appeared (personally known/form of ID)
SS
19 before me personally
to me known to be the person(s) named herein and who executed the foregoing agreement
and that
voluntarily executed the same.
My term expires
•
19
Notary Public
Agreement Between Broward Countv
and the City of Tamarac for Public
Transportation Services
CAT O R C Exhibit B
+The City of Tamarac is committed to providing a safe work environment for the employees, the
community, and the public. With the cooperation and assistance of the employees, the City is
implementing a program designed to provide a safe workplace environment free from drugs and
alcohol abuse.
I certify that I have attended the Drug -Free Workplace Awareness program and received a copy
of the City of Tamarac's Policy: Drug and Alcohol-frgefor my review.
Employee Name (Print)
I? nature
Date
0
Employee Job Title
Employee Department
Supervisor's Signature
G Z)krr T:7-r I
• FLORIDA LEAGUE OF CITIES
SPONSORED INSURANCE PROGRAMS
DECLARATIONS
1. DESIGNATED MEMBER:
City of Tamarac
7525 North West 881h Avenue
Address:
Tamarac, FL 33321-2401
II. COVERAGE PERIOD
. From to a 12:00 Midnight Standard Time at the address
of the Designated Member
III. AGREEMENT NUMBER
FMIT 584
Florida Municipal Insurance Trust (FMIT)
IV. ANNUAL PREMIUM
Gross
Premium
Florida Municipal Insurance Trust $ 659,221
0 -17� �� Z:���
Participation
Net
Credit
Premium
$ 188,022
$ 471,199
December 16, 1997
Signature of Authorized Representative Date
SIP DEC (10/96) 1
DECLARATIONS (Continued)
City of Tamarac FMIT # 584
October 1, 1997 - September 30, 1998
V. FMIT COVERAGE SECTION
X A Indemnity Agreement
X B FMIT Coverage Agreement
Premium
pg- 2
Basis
Deductible/Type
Limit
Net Premium
X General/Professional Liability
$25,000 DSL
$2,000,000
$77,800
Population:
50051
a. Errors & Omissions Liability
$25,000 DSL
$2,000,000
Included
aa. Supplemental Employment
Practices Liability
n/a
n/a
n/a
b. Employee Benefits Program
Administrations Liability
$25,000 DSL
$2,000,000
Included
C. Medical Attendants'/Medical
Director's Malpractice Liability
$25,000 DSL
$2,000,000
Included
d. Broad Form Property Damage
n/a
n/a
n/a
e. Premises Medical Payments
n/a
n/a
n/a
f. Law Enforcement
n/a
n/a
n/a
X Exclusion
. Full Time with Arrest Powers:
n/a
n/a
Full Time without Arrest Powers:
n/a
n/a
Part Time with Arrest Powers:
n/a
n/a
Part Time without Arrest Powers:
n/a
n/a
Clerical:
n/a
n/a
Dogs:
n/a
n/a
Horses:
n/a
n/a
g. Extra Contractual Legal Expense
n/a
$15,000
Included
X Automobile
h. Automobile Liability
Per Schedule
$25,000 DSL
$2,000,000
$24,610
Number of Vehicles:
128
i. Uninsured Motorists Protection
n/a
n/a
j. Personal Injury Protection
$10,000
Included
k. Automobile Medical Payments
n/a
n/a
I. Automobile Physical Damage Cvg.
Per Schedule
$10,000 DSL
n/a
$6,582
Additional Designated Members
Clerk of the Court
Tax Collector
Property Appraiser
OCT-22--1999 FRI 03:06 PM FLORIDA LEAGUE OF CITIES FAX NO.
CERTIFICATE OF COVERAGE
407 " Agreement between Broward
County and City of Tamarac for
Public Transportation Services
Exhibit C
ificato Holder
BROWARD COUNTY BOARD OF COUNTY
COMMISSIONERS
201 SOUTH ANDREWS AVE., 2ND FLOOR
FORT LAUDERDALE, FL 33301
Administrator
Florida League of Cities, Inc.
Public Risk Services
P.O. Box 530065
Orlando, Florida 32853-0065
Issue Date 10/22199 NT
COVERAGES
THIS 15 To CERTIFY THAT THE AGnEEMENT BELOW HAS BEEN ISSUED TO THE DCSICNATCD MCMDCR FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY RCOVIREMFNT,
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUCD OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE
AGRCCMCNT DCSCk19EC1 HEkEIN IS SUAJ4CT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT,
COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST
AGREEMENT NUMBER: FMIT 584
COVERAGE PERIOD: FROM 10/1 /99
COVERAGE PERIOD: TO 9/30/00 12:00 Midnight Standard Time
TYPE OF COVERAGE - LIABILITY
TYPE OF COVERAGE - PROPERTY
General Liability
[] Buildings ❑ MiscallanQWS
®
Comprehensive Gonceal Liability, Bodily Injury, Property Damage and
❑ Basic Form
❑ Inland Marine
Personal Injury ,
❑ Special Form
❑ Electronic Data Processing
pc]
Errors and Omissions Liability
❑ Personal Property
❑ Band
Supplemontal Employment Practice
❑ Basic Form
❑
®
Employee Benefits Program Administration Liability
❑ Special Form
Medical Attendants'/Modieal Directors' Malpractice Liability
❑ Agreed Amount
Broad Form Property damage
❑ Deductible Stoploss $10,000
❑
Law Enforcement Liability
❑ Coinsurance 100%
(�
Undarground, Explosion & Collapse Hazard
[] Blanket
❑ Specific
Urrits of Liability
❑ Replacement Cost
' Combined Single Limit
❑ Actual Cash Value
Dodumiblo Stoplwis $26,000
Automobile Liability
® All owned Autos (Private Passenger)
All owned Autos (Other than Private Passenger)
® Hired Autos
® Non -Owned Autos
rI
Limits of Liability on File with Administrator
TYPE OF COVERAGE • WORKERS' COMPENSATION
❑ Statutory Workers' Compensation
[] Employers Liability $1,000,000 Each Accident
$1,000,000 By Disease
$1,000,000 Aggregate By Disease