Okaloosa County BOCC — 2013 meeting #1141 (date undetermined) — Disaster Transportation Services - School Bus Lease — reading text

Page 8 of 9 SECTION TWENTY-NINE SEVERABILITY In the event any part of this lease is held to be invalid, the remaining provision 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 Vehicles. 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. ATTEST: THE SCHOOL BOARD OF OKALOOSA COUNTY, FLORIDA BY: ore Litho pthin BY: Mary Bef Jackson (/ Rodney alker, as Chairman Superintendent and Secretary Date: 57 13-20j/4 ATTEST: OKALOOSA COUNTY BOARD OF COUNTY . COMMISSIONERS BY: BY: Gary J. Stanford Don Amunds, as Chairman Deputy Clerk of Courts Date: Page 9 of 9 fo™ (8) (9) (10) "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. "Chain-of-Custody" refers to the methodology of tracking specified materials | or substances for the purpose of maintaining contro! 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. "Collection Site" means a place where individuals present themselves for the purposé of providing a specimen to be analyzed for the presence of drugs or alcohol. "Commercial Driver's License" means a Class A, Class B, or Class C driver's license issued ih accordance with the requirements of Chapter 322, Florida Statutes. "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 ef 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 materials 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. "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 See (12) (13) (14) (15) (17) (18) (19) (20) ensure reliability and accuracy. The confirmation test for controlled substances will be gas chromatography/mass spectrometry (GC/MS). “Controiled Substance" is synonymous with the term “drug” as defined herein. "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 limited to: full-time, regularly employed drivers; casual, intermediate or occasional drivers; leased drivers and independent, owner/operator drivers. "Drug" means marijuana, cocaine, opiates, amphetamines and phencyclidine (PCP). . "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. "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 as conforming with the model specifications available from the National Highway Traffic Safety Administration, Office of Alcohol and State Programs. “Employee” means a person employed by the district who is covered by the requirements of this policy. "Employer" refers to the School District of Okaloosa County. "GC" means gas _ chromatograph. "GC/MS" means gas chromatography/mass spectrometry. “Job Applicant" means a person who has been offered a position with the district covered by this policy, conditioned upon meeting the requirements of the Drug and Alcohol Testing Policy. Job applicant includes a current employee moving into a position covered by this policy. "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. (21) (25) (26) (27) (28) “Medical Review Officer" (MRO) means a licensed physician, employed with or under contract to the employer, who has knowledge of substance abuse disorders, laboratory testing procedures, and chain-of-custody collection procedures, who verifies positive, confirmed test results, and who has the necessary medical training to interpret and evaluate an employee's confirmed positive test results in relation to the employee's medical history and any other relevant bio-medical information. "Nonprescription Medication" means a medication thatis authorized pursuant to state or federal law for general distribution and use without a prescription in the treatment of human disease, ailments or injuries. "Prescription Medication" means a drug or medication obtained pursuant to a prescription. "Reasonable Suspicion" means an articulable belief an employee possesses or uses drugs or alcohol in the workplace, is intoxicated or impaired by drugs or alcohol, based on specific and particularized facts and reasonable inferences drawn from those facts in light of experience. "Refuse to Submit" to a drug or alcohol test means an employee: (a) fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing as provided in this policy; (b) | fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing as provided in this policy; (c) engages in conduct that clearly obstructs the testing process. "Safety Sensitive Function" means any of the on-duty functions set forth in 49 CFR Section 395.2, Paragraphs (1) through (7). "Screening Test/Initial Test" in alcohol testing means an analytical procedure to determine whether an employee may have a prohibited concentration of alcohol in his or her system. In controlled substance testing, it means an immunoassay screen to eliminate "negative" urine specimens from further consideration. . "Specimen" means a blood or urine sample of the human body capable of revealing the presence of alcohol or drugs or their metabolites. ~ g (29) “Threshold Detection Level" means the level at which the presence of a drug or alcohol reasonably can be expected to be detected by an initial and a confirmation test performed by a laboratory that meets the standards established herein. The threshold detection level indicates the level! at which a valued conclusion can be drawn that the drug or alcohol | is present in the employee's sample. Notice of Implementation of the School District of Okaloosa County Drug and Alcohol Testing Policy. (1) The implementation of the Drug and Alcohol Testing Policy, contained within the confines of this document, constitutes general notice to all covered employees of the School Distsrict of Okaloosa County that each covered employee is required, as condition of employment or continued employment, to fully comply with the provisions of the Drug and Alcohol Testing’ Policy, and to fully cooperate with the implementation and enforcement of the policy, including execution of the necessary authorization forms. All covered employees shall receive a copy of and be asked to read the drug and alcohol testing policy, and will be asked to sign a statement indicating their understanding of the policy. (2) The implementation of this policy further constitutes general notice that all covered employees of the School District of Okaloosa County may be required to submit to drug and alcohol testing, as provided herein, without further notice, at any time after January 1, 1995. (3) Acopy of this policy is posted on the bulletin board where all official notices are posted, and additional copies will be made available on request. Prohibited Conduct (1) Controlled Substance or Drugs. No covered employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the employee uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to safely operate a commercial motor vehicle. No covered employee shall report for duty, remain on duty or perform a safety-sensitive function, if the employee tests positive for controlled substances. . (2) Alcohol. No covered employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.02 or greater. No covered employee shall use ~ 10 (H) alcohol while performing safety-sensitive functions. No covered employee shall perform safety-sensitive functions within four (4) hours after using alcohol. No covered employee shall be on duty or operate a commercial motor venicie while the employee possesses alcohol. No covered employee required to take a post-accident alcohol test shall use alcohol for eight (8) hours following the accident, or until he or she undergoes a post-accident alcohol test, whichever occurs first. (3) Refusal to Submit to a Drug or Alcohol Test. No covered employee shall refuse to submit to a controlled substance or alcohol test required undef this policy. Any covered employee who does not remain readily available for testing under this policy will be deemed to have refused to submit to testing. Types of Testing The School District of Okaloosa County will conduct Job Applicant Drug and Alcohol Testing and Current Employee Drug and Alcohol Testing. (1) (2) Job Applicant Testing. All applicants for positions covered by this policy, including all employees seeking a transfer to positions covered by this policy, shall undergo testing for alcohol and controlled substances, prior to the first time the employee performs safety-sensitive functions for the employer. No applicant or employee seeking transfer. will be allowed to perform safety- sensitive functions until the individual has been administered an alcohol test with a result indicating an alcohol concentration less than 0.02, and has received a controlled substance test result from the Medical Review Officer indicating a negative test result. An employee requesting a transfer into a safety-sensitive position that has a confirmed positive drug test or alcohol test result of 0.02 or greater shall not be eligible for transfer. All job applicants’ prospects of employment with the Schoo! District of Okaloosa County will be conditioned upon their being qualified for work. Any job applicant who tests positive for controlled substances or alcohol will not be considered qualified for employment with the School District of Okaloosa County. Post-Accident Testing. As soon as practicable following an accident involving a commercial motor