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3.6. SR 03-05-2007 City of Elk River REQUEST FOR COUNCIL ACTION Agenda Section Meeting Date Consent March 5, 2007 Item Number 3.6. Prepared by Lauren Wipper, Human Resource Re resentative Reviewed by Lori Johnson, City Administrator Item Description Consider Amendment to CDL Drug and Alcohol Testing A eement Introduction The City contracts with Minnesota Counties Insurance Trust (MCIT) to provide random selection and testing coordination for its CDL (Commercial Drivers License) Drug and Alcohol Testing Program. The Federal Transit Administration and the Federal Motor Carrier Safety Administration evaluated required mminium testing rates and have decided that the random pool drug testing rate should be reduced from 50 percent to 25 percent. Tbc random alcohol testing rate will remain at 10 percent. Discussion City of Elk River drivers of CDL vehicles are included in a pool of drivers from other municipalities. Each quarter a percentage of the total pool of drivers are randomly selected to undergo drug or drug and alcohol testing. In 2006, the City's CDL drivers were randomly selected for 13 tests; 9 drug and 4 drug and alcohol. The City currendy has 25 employees that are required to hold a commercial drivers license and are in this testing pool. The attached amendment to our contract with MCIT eliminates percentage rates for random testing and states that the "testing will be done at the annual percentage rate specified in regulations" therefore eliminating the need for future amendments for this purpose. Financial Impact As the drug testing rate will be reduced from 50 to 25 percent; it stands to reason that the number of City employees selected for testing will be reduced as well. However, since this is a random process, there is no way to be certain. The cost for each random drug test is $39.00 so any financial impact to the City will be mminial. Attachments . 2007 Amendment to MCIT Drug and Alcohol Testing Program Participation Agreement Action Requested The City Council is asked to approve the attached amendment. Council Action Motion by_ Second by ~ Vote Follow Up S:\Council\Lauren\2007 drug test % council memo,doc J 2007 AMENDMENT TO MCIT DRUG AND ALCOHOL TESTING PROGRAM PARTICIPATION AGREEMENT This Agrcement is made and entered into bctwccn Minnesota Counties Insurance Trust ("MelT"), a Minnesota joint owers. organization, located at 100 Empire Drive, St. Paul, MN 55103-1885, and' ~ IVGV' (county, city, township or other cntity) thc undersigned Participant i the Drug and Alcohol Testing Program. The parties previously entered into an Agreement for participation in a drug and alcohol testing program that MCIT administers through a contract with FirstLab. The parties desire to amend the Participation Agreement as follows: Paragraph II. E. Random Testing shall be amended as follows: II. SCOPE OF SERVICES - Drug and Alcohol Testing E. FirstLab will provide participating entities with names of employees to be tested on a random basis in compliance with the annual rates of testing required by the Federal Motor Carrier Safety Administration ("FMCSA") and the Federal Transit Administration ("FTA") ofthe Department of Transportation. Two separate MCIT random tcsting "pools" shall be established by FirstLab: . One for drivers subject to FMCSA standards and . One for drivers subject to FT A standards. The annual random selcction percentages shall be applied to the total number of driver positions in each "pool". . Random drug testing will be done at the annual percentage rate specified in regulations of the average number of driver positions for both the FMCSA and FTA. . Random alcohol testing will be done at the annual pcrcentage rate specified in regulations ofthc average number of driver positions for both the FMCSA and FT A. . Random tests shall be reasonably spread throughout the calendar year. This change shall be effective January 1,2007. All other terms and conditions of the Participation Agreement shall remain in full force and effcct. IN WITNESS WHEREOF, MCIT and Participant have caused this Agreement to be executed by the person authorized to act in their respective names on the date shown below. Page 1 of2 ... MINNESOTA COUNTIES INSURANCE TRUST PARTICIPANT County: Board Chair/Admin/Coordinator City: Mayor or Administrator Town: Board Chair Other: Board Chair Approved as to form and execution: Attest: {~el Clerk to Board or Councilor Other Page 2 of2