Fort Walton Beach Council agenda — 11-28-2006 ‎(regular)‎ — reading text

Lessor shall be in writing and shall be given by sending such notice by registered mail to Lessor at its address as set out in this lease or such other address as Lessor shall have last furnished Lessee in writing, or by serving said notice personally on an executive officer of Lessor. Notices so given by either party to the other shall be considered to have been delivered on deposit in the United States mail with registration fees and postage prepaid, addressed to the party for , horn intended. x/ SECTION TWENTY-FIVE GOVERNING LAW This Lease shall be governed by the laws of Florida, and the parties hereto agree that any litigation between the partieshereto relating to this Lease shall take place in a court located in Okaloosa County, State of Florida. Each party waives its right to jurisdiction or venue in any other location. SECTION TWENTY- SIX ADDITIONAL VEHICLES During the tenn of this agreement the parties may, by mutual agreement, add additional vehicles to this lease for the remaining tenn of the agreement. SECTION TWENTY-SEVEN ATTORNEYS FEES AND COURT COSTS In the event of any litigation between the parties hereto to enforce any of the provisions of this Lease or any right of either party hereto, the unsuccessful party to such litigation agrees to pay to the successful party all costs and expenses, including reasonable attorneys' fees, whether or not incurred in trial or on appeal, incurred therein by the successful party, all of which may be included in and as a part of the judgment rendered in such litigation. Page 8 of 10  SECTION TWENTY- EIGHT CANCELLA TION OF LEASE Either Lessor or Lessee shall have the right to cancel this lease with, or without cause, by giving to the other party written notice of its intention to cancel this agreement at least thirty (30) days prior to such cancellation date. SECTION TWENTY-NINE SEVERABILITY In the event any part of this lease is held to be invalid, the remaining provisions of this lease shall remain in full force and effect. SECTION THIRTY INTEGRATION; AMENDMENT This lease sets forth all of the agreements for the lease of the Vehicle. There is no other agreement. This lease may not be amended or altered in any manner unless such amendment or alteration is in writing and signed on behalf of the parties. IN WITNESS WHEREOF the parties have executed this Lease on the date indicated below with their respective signatures to be effective on the day and year first above written. THE SCHOOL BOARD OF OKALOOSA COUNTY, FLORIDA ATTEST: B B~-",~ 0~~ Catherine S. Thigpe , as Chaml1an Date: November 13, 2006 Page 9 of 10  CITY OF FORT WALTON BEACH for and on behalf of its EMERGENCY MANAGEMENT AGENCY ATTEST: BY: BY: Mike Anderson Print Name: Mayor Date: Page 10 of 10  EXHIBIT " A" 7- 7 DRUG AND ALCOHOL TESTING PROGRAM FOR COMMERCIAL DRIVER' S r- LICENSE HOLDERS A) The purpose of this policy is to establish standard procedures for drug and alcohol testing designed to help prevent accidents and injurie~ resulting from the misuse of alcohol or the use of controlled substances by all employees who drive commercial motor vehicles and who are required to hold commercial driver' s license. B) This policy has been promulgated pursuant to the requirements of the Omnibus Transportation Employee Testing Act of 1991, regulations of the Federal Department of Transportation (DOT) contained in 49 CFR Part 40, regulations ofthe Federal Highway Administration contained in 49 CFR Parts 382 and 391, and Section 234. 091, Florida Statutes. C) This policy applies to every district employee employed in a safety sensitive position who operates a commercial motor vehicle and is required to hold a commercial driver' s license as a condition of employment, including volunteers and substitutes. D) This policy shall take effect January 1, 1995. E) For the purpose of construing the School District of Okaloosa County Drug and Alcohol Testing Policy, the following definitions apply: l" 1) " Accident" means either: a) an accident involving a commercial motor vehicle resulting in the loss of life, or b) an accident where the driver receives a citation for a moving traffic violation and either a person is treated away from the scene or one of the vehicles involved must be towed from the scene of the accident. 2) " Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl isopropyl alcohol. 3) " Alcohol Use" means the consumption of any beverage, mixture, or preparation, incfuding any medication, containing alcohol. 4) Breath Alcohol Technician" ( BAT) means an individual who instructs and assists individuals in the alcohol testing process and operates an Evidential Breath Testing Device. I 6  5) Canceled or Invalid Test" means a drug test that has been declared invalid by the Medical Review Officer. A canceled test is neither a positive nor a negative test. 6) " Chain- of-Custody" refers to the methodology of tracking specified materials or substances forthe purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances and providing for accountability at each stage in handling, testing, storing and reporting of test results. 7) " Collection Site" means a place where individuals present themselves forthe purpose of providing a specimen to be analyzed for the presence of drugs or alcohol. 8) " Commercial Driver's License" means a Class A, Class B, or Class C driver's license issued in accordance with the requirements of Chapter 322, Florida Statutes. 9) " Commercial Motor Vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: a) has a gross combination weight rating of 26, 001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10, 000 pounds; or b) has a gross vehicle weight rating of 26, 001 or more pounds; or c) is designed to transport 16 or more passengers, including the driver; or d) is of any size and is used in the transportation of rnaterials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials regulations. 10) " Confirmation Test" for alcohol testing means a second test, following a screening test with a result of 0. 02 or greater, that provides quantitative data of alcohol concentration. For controlled substances testing confirmation test means a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screen test and which uses a different technique and chemical principle from the screen test in order to 7  ensure reliability and accuracy. The confirmation test for controlled substances 'will be gas chromatography/ mass spectrometry ( GC/ MS). 11) " Controlled Substance" is synonymous with the term " drug" as defined herein. 12) " Driver" means any person who operates a commercial motor vehicle and who is required to hold a commercial driver's license. This includes, but is not .Iimited to: full- time, regularly employed drivers; casual, intermediate or occasional drivers; leased drivers and independent, owner/operator drivers. 13) " Drug" means marijuana, cocaine, opiates, amphetamines and phencyclidine PCP). 14) " Drug Test" means any chemical, biological or physical instrumental analysis in conformity with this policy, administered for the purpose of determining the presence or absence of a drug or its metabolites. 15) " Evidential Breath Testing Device" ( EBT) means a device approved by the National Highway Traffic Safety Administration ( NHTSA) for the evidential testing of breath and placed on NHTSA' s " Conforming Products List of Evidential Breath Measurement Devices" ( CPL), and identified on the CPL c__ as conforming with the model specifications available from the National Highway Traffic Safety Administration, Office of Alcohol and State Programs. 16) " Employee" means a person employed by the district who is covered by the requirements of this policy. 17) " Employer" refers to the School District of Okaloosa County. 18) " GC" means gas chromatograph. GC/ MS" means gas chromatography/ mass spectrometry. 19) " Job Applicant" means a person who has been offered a position with the district covered by this policy, conditioned upon meeting the requirements of theDrug and Alcohol Testing Policy. Job applicant includes a current employee moving into a position covered by this policy. 20) " Laboratory" means a facility, inside or outside the State or Florida, certified by the United States Department of Health and Human Services or licensed and approved by the Agency for Health Care Administration to analyze specimens for the detection of drugs or alcohol as defined herein. 8  21) " Medical Review Officer" (MRO) means a licensed physician, employed with or under