COUN  LEE COUNTY BOARD OF COMMISSIONERS  MCSWAIN EXTENSION EDUCATION AND AGRICULTURE CENTER  2420 TRAMWAY ROAD SANFORD, NC: 27330 February 5, 2024 MINUTES  Roll Call  Present: Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick Absent: Dr. Andre Knecht, Bill Carver, Taylor Vorbeck  CALL TO ORDER INVOCATION  Chairman Kirk Smith called the meeting to order at 6:00 p.m.  Commissioner Mark Lovick provided an invocation and led the Board and meeting  attendees in the Pledge of Allegiance. PLEDGE OF ALLEGIANCE I. ADDITIONAL AGENDA  Commissioner Robert. Reives asked to move items IV.A Amend. Animal Services Ordinance and V.C Tax Lien Advertisement for Delinquent 2023 Real Property Taxes to the Consent. Agenda. County Attorney Whitney Parrish noted that the Animal Services Ordinance can be placed on the Consent Agenda for the first reading but because there is not a unanimous vote, it will be brought back for vote at a second  reading at the February 19th meeting. Motion: Approve the Agenda as amended. Mover: Robert Reives Motion Result: Passed  For: 4- Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick Absent: 3- Dr. Andre Knecht, Bill Carver, Taylor Vorbeck  II. APPROVAL OF CONSENT AGENDA    Motion: Approve the Consent Agenda as amended. For: 4- Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick Absent: 3- Dr. Andre Knecht, Bill Carver, Taylor Vorbeck II.A Minutes from the January 22, 2024 Regular Meeting BOC Regular Meeting Minutes_final.docx II.B EOC Project - Change Order #2 II.C Accept Donation to the Animal Shelter CVH Bank of Kennels Donation Request.pdf bd5dca46-7678-4263-a24c-5e4780200806photo.peg 356b5129-91a91a9-4847-8884-9390Dcbaabo1pnoto.peg  Mover: Mark Lovick Motion Result: Passed  II.D Lee County Athletic Park Construction Project - Change Order Approval Request  PCO.001.Well,Abandonment.pdr  PCO.004.Buletin.l- Patainn.WalauPedpat CO.DVAWURURA Signed.2024-1-26par II.E Drug and Alcohol-Free Workplace Policy Amendment B.18 Drug and Alcohol Free Workplace Policy Final 02.05.24.docx B.18A Drug and Alcohol Free Workplace Policy Final 02.05.24 COLTS II.F Adding Construction Project Manager to Lee County Government's Pay Plan  Addendum A.doc  Construction Project Manager.docx Pay Plan Rates Effective February 5, 2024.pdf  III. PUBLIC COMMENTS  1 Tom Lee, 2001 Plantation Drive (multi-use space as alternative to new gymnasiums for  East and West Lee Middle Schools)  David Smoak, 96 Northridge Trail (County budget ideas) Commissioner Andre Knecht arrived at 6:06 p.m.  IV. OLD BUSINESS  IV.A. Amend Animal Services Ordinance Moved to the Consent. Agenda.  Final Lee._County_AnimalSenvices.Ordinance-1.924.drat whc.rtf FinalLee_County_AnimaL_Senvices.Ordinance-1.9.24-hghight.rt    IV.B ARPA Funds Update  Assistant Finance Director. Jen Waterhouse provided an update on the County's ARPA funds. A copy oft the handout is attached and incorporated into these minutes. County Manager Lisa Minter said that at the Board Retreat, the Board reviewed certain projects and gave consensus to fully fund the historic courthouse project, the parking lots at O.T. Sloan and Horton Parks, and sidewalks, curbs, and guttering at Horton Park. Ms. Minter asked the Board to re-obligate ARPA funds and obligate Revenue Loss funds to cover the shortage at the parks projects. Federal ARPA Dollars- Obligate by 12-31-24.pdf 1-30-24MBMB Revenue Loss Projects.pdf  Motion: Motion to approve the re-obligation of $133,160 of ARPA restricted funds and obligation of $444,349 of Revenue Loss funds to the construction of parking lots at O.T. Sloan Park and Horton Park and for sidewalks, curb, For: 5- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick  and guttering at Horton Park. Mover: Robert Reives Absent: 2-E Bill Carver, Taylor Vorbeck Motion Result: Passed  V. NEW BUSINESS  V.A Charters of Freedom Presentation  Dr. David Streater and Ron Lewis of Foundation Forward gave a presentation about the Charters of Freedom displays. A copy of the presentation is attached and incorporated into these minutes. Mr. Lewis said the four pedestals displaying the document replicas and optional Field of Honor would be at no cost to the County. The Field would have bricks available for purchase by anyone for $100. Senator Jim Burgin and Senator Warren Daniel (Burke County) assisted with the legislative appropriation of $500,000 to the Foundation Forward nonprofit for construction of 20 displays. The County would be responsible for the upkeep and sidewalks, landscaping, etc. Chairman Smith noted that the new Library, Athletic Park, the Central Carolina Community College' 's Lee County campus, or the County's courthouse could potentially feature this display. County Manager Lisa Minter advised providing three locations for consideration. County Attorney Whitney Parrish requested a copy of the Memorandum of Agreement to review prior to the Board voting. Mr. Lewis said the nonprofit's construction manager will evaluate the three sites presented by the Board. The Board gave consensus to move forward to review sites and the Memorandum terms. The Freedom Foundation representatives will  appear before the Board in March with updates.    V.B Triangle Land Conservancy (TLC) presentation on farmland preservation resources Cooperative Extension Director Dr. Bill Stone introduced the Triangle Land Conservancy (TLC) group, who provided a presentation on farmland preservation through conservation easements. This was originally presented. at the County's Agricultural. Advisory Board, as its members feel strongly about farmland preservation and Lee County's future. TLC's Executive Director Sandy Sweitzer and Associate Director of Land Protection West Margaret Sands gave the presentation, a copy of which is attached and incorporated into these minutes. Ms. Sands explained that conservation easements are purchased from farm owners and limit the use of land for agricultural and conservation purposes by running with the land. The TLC primarily uses federal grant sources for funding, but some counties assist with purchasing the easements using rollback'taxes. Lee County Tax Administrator Michael Brown and County Manager Lisa Minter said this year's rollback taxes were $67,773.08, though  and opportunities for Lee County  this figure is not consistent from year to year.  V.C Tax Lien Advertisement for Delinquent 2023 Real Property Taxes  Moved to the Consent Agenda. 65_705-369.pdr:  VI. MANAGERS' REPORTS  County Manager Lisa Minter wanted to remind the Board and the public that the nonprofit funding application is available online under the Finance Department and paper copies are available at the Administration Building (located at 408 Summit Drive, Sanford) and  the Library's main branch (located at 107 Hawkins Avenue, Sanford).  VII. COMMISSIONERS COMMENTS  ADJOURN Mover: Robert Reives Absent: 2-E Bill Carver, Taylor Vorbeck Motion Result: Passed  Motion: Motion to adjourn. The Board adjourned at 7:25 p.m.  For: 5-D Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick  Kirk Smith, Chairman  Lee County Board of Commissioners  ATTEST:  COUNTA EST. 1997 B  the Board  uu Hailey Hall, Clerkfto    Proposal Prepared For Lee County Lee County EOC RFP  AV  SPL  4018 Patriot Dr Suite180 Durham, NC27703 (919)806-1009 Fax: 919-806-1016 www.avispl.com Prepared by: Andrew Staley Andrewsateyeavaplcom Proposal no: 431391-6, CR-002  :  B : : 4 31    AVI<  SPL  Investment Summary Prepared For: Matt Britt  Prepared By:Andrew Staley Date Prepared:,01/23/2024 Proposal #:431391-6, CR-002 Valid Until:02/23/2024  Lee County 408 Summit Drive Sanford, NC27330-3840  $174.92 $0.00  Total Equipment Cost operational system  Includes cable, connectors, hardware, switches, relays, terminal blocks, panels, etc., to ensure complete and  Professional. Integration Services  Includes engineering, project management, CAD, on-sitei installation and wiring, coordination. ands supervision, testing, checkout, owner training, etc. performed ont the Owner's premises. Alsoi includes alli fabrication, modification, Includes non equipment orl labor costs, such ast travel expenses, per diem, lift and vehicler rentals Includes all G&A A expenses: vehicle mileage, shipping andi insurance, as applicable  assembly, rack wiring, programming, warranties, etc., some performed at/ AVI-SPL  $19.05 $5.56 $199.53 $13.97 $213.50  Direct Costs.  General & Administrative  Subtotal Tax Total  *ANY: and all applicable taxes willl be included upon invoicing  Duet tog globals semiconductor ("chip")s shortages ands supply chain disruptions pricingo quoted int this proposal may change. Instaliation: schedules are subjectt toc current (daily)p producta availabilitya and may be delayed or postponed.  This Entire Document and alli information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided top potential customers, clients ora agents is fort thes sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed ina any way without the sole written permission ofan authorized  representative ofA AVI-SPL. e Copyright AVI-SPL LLC. AIIF Rights Reserved  : : : : 54: 95. 1.4    AVI<  SPL  Terms and Conditions  ThisF Proposait together with AVI-SPL's Generall Terms and Conditions andt thea applicable Addendum(a) located here andi incorporatedi herein! byt this reference (collectively the" 'Agreement") constitutest thec entire agreement! between AVI-S SPL LLC( ("Seller"," "AVI-SPL"," "we", "us"," "our")a and the! buyer/customer identifiedin thel Proposal ("Buyer"," "Customer", "Client", "you"," "your") withr respectt toitss subjectr matter ands supersedes allp priora and contemporaneous: agreements, representations. and understandings of the Parties, written ord oral. Bys signing! below, Issuinga avalidp purchase orderi fort the Services and/or Products specified! herein orr receiving the Products and/ors Services specified! herein, whichever occursf first, Buyera acknowledges it hasr reada and agrees tot thet terms oft this Agreement.1 This Agreements shalir noth bel binding upons Seller untila acceptedk by Buyer ass set forthi int this Agreement and thee earlier ofs Seller's confirmationi ins writing ofE Buyer's order ands Seller's performance undert the applicable! Proposal. Anyt terms ando conditions containedi inE Buyer's purchase order ora anyo other Buyer-providede documents relatedt tot thist transaction: shall have no effecta and are! herebyr rejected. Notwithstanding anything) herein tot thec contrary, ifar master services agreement signed! by both Partiesi isi ine effect coveringt thes salec ofthes Services and/or Products that are thes subjecto oft this Proposal, the terms and conditions ofs said: agreement shall Unless otherwise agreedi in writing! byE Buyer: and Selleri int the Proposal, thet total Proposal price, excluding the price for Stand-alone! Services (as definedi in this section), shallb bet billeda asf follows, subjectt to continuing credit approval: 50% down payment att time ofc order, 40%1 upon delivery: ats Seller; 10%L upon project completion: and Buyer sign-offo orf firsth beneficial use, whichever occursf first, payable net 30f from Buyer'sr receipt ofi invoice. Forp purposes oft this Agreement, "Stand- alone! Services" means any Services nota attachedt toa ani installation project. Billinga andp paymentt terms for Stand-a alone Services are setf forth Int thea applicable! Service Addendum(a). Unlesso otherwise specifiedi int the Proposal, Products ares soidF F.0.B. origin-E Buyert top pay alls shippinge charges. Ifthis Proposal covers Products or Services forr moret thand ones system, room, sulte, orl location,f forp purposes of payment ina accordance with payment terms statedo ont thef face! hereof each room, suite, orl location shall bet treateda as lfthes subjecto ofas separates salea and payment made: accordingly. Unless otherwise: specifiedi Int the Proposal, allp pricing anda amounts  prevailt tot thee extent they conflict ora arei inconsistent witht thisA Agreement.  Billing and Payment Terms  arei in US Dollars anda all billing andy payments shall ber madei inu USD Dollars. Linkt to AVI-5PLT Terms and Conditions: wwmbplenltmelun 4 founhy fovernmit  Buyer Acceptance. Buyerl Legal Entity  MM Buye! AuthorizedrSign.fure KIRK DISHUTR Buyer Authorized. Signatory Name  CHAINMAN Authorized: Buyer Date  Onilw  SignatoryTitle 0a/06/2024  This instrument has been preaudited int the manner required by the! Locai Government Budget and Fiscal Control Act Cardau gumer Finance Officer, Lee County  This Entire Document and alli information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC ori its affiliate. Proprietary: information provided to potential customers, clients or agents is for thes sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized  representative ofA AVI-SPL. e Copyright. AVI-SPL LLC. AlIF Rights Reserved  : 4.37.49 MAYT    AVI<  SPL  Room Summary EOC Phase 1 Equipment List Mfg CHIEF CHIEF  Model. CHITS318TU CHILSMIU  Description MOUNT, LARGE  Qty. 1 -1  Unit] Price Extended Price $316.03 $141.11 Subtotal  MOUNT, MEDIUM SWING ARM, DUALSTUD MOUNT, FUSION MICRO-ADJ FIXEDI WALL  $316.03 ($141.11) $174,92 $0.00 $174.92 $0.00 $0.00 $19.05 $5.56 $199.53.  Room Support and Maintenance Elite Maintenance Services- Room; 8-months  Equipment Total Installation Materials Professional Services Direct Costs General & Administrative Subtotal  :.:  Fori informational purposes only - all Purchase Orders must match Investment Summary details,  This Entire Document and alli information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided to potential customers, clients ora agents is fort the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed ar disclosed in any way without the sole written permission of an authorized  representative ofA AVI-SPL. 0 Copyright AVI-SPLL LLC.A AIIF Rights Reserved  1 : : XXX4N    DocuSign Envelope ID: 2763F7CA-OEED-4671-89CA-4F9409FA24DC  PCO #001  SANFORD  Project: 50-0081- Lee County Mulli-Sports Complex  0B Broadway Rd. Sanford, North Carolina 27330 Phone: 919-775-7882  Prime Contract Potential Change Order #001: Demolish 2 Existing Wells  TO:  Lee County Govemment  FROM: CONTRACT: CREATED BY: CREATED DATE: PRIME CONTRACT CHANGE ORDER: ACCOUNTING METHOD: Amount Based PAIDI INI FULL: SIGNED CHANGE ORDER RECEIVED DATE: TOTAL AMOUNT:  Sanford Contractors Inc 367 Freedom Pkwy Ste 200 Pittsboro, North Carolina 27312 50-0081,-Lee Co! Multi-Sports Complex Rob Brisley (Sanford Contractors Inc)  PCOI NUMBERREVISION: 001/0 REQUESTI RECEIVED FROM: STATUS: REFERENCE: FIELD CHANGE: LOCATION: SCHEDULE. IMPACT: EXECUTED:  Pending In! Review No No  11/30/2023 None No $5,471.93  POTENTIAL CHANGE ORDER TITLE: Demolish! 2 Existing Wells  CHANGE REASON: Client Request CE #002- Demolish 2 Existing Wells AITACHMENTS: 1444_001.pdf #  POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows)  Budget Code  Description  Amount $5,170.00 $5,170.00 $0.00 $258.50 $43.43 $5,471.93  1 31--2200..S SCI Siewor.Supconteciors  Demolish 21 Existing' Wells  Subtotal: Equip Rental/Repairs.):  OH&P on Self Perform (10.00% Applies tol Labor, Materiais, Equipment, Labor Burden, Overhead, Other, Temporary Labor, and  OH&P on Subcontractors (5.00% Applies to Subcontraclors.):  Bond (0.80% Applies to alll linei item types.):  Grand Total:  This instrument has been preaudited! int the manner required by the Local Govemment Budget and Fisçal Control Act Candatisamer Finance Offiçer, Lee County Sanford' Contractors Inc' 367 Freedom Ste 200 Pkwy Pittsboro, North Carolina 27312 DocuSigned! by: Rolurt L brisly 1/11/2024 74A7D411DDCB4FC-  Kyle Mullens (The, John R. McAdams Co, Inc.) 2905 Meridian Parkway Durham, North Carolina 27713 lyke SIGNATURE  Lee County Government  wllemsr 1/16/24  DATE  GNA  DATE SIGNATURE  DATE  Page 1ofi  Printed On: 1/8/2024 02:13PM    d  SSVABIZISD  B4    DocuSign Envelope ID: 45CA68BE-2A0C-4D6PF-94E3-CF8EE3C19438  PCO# #004  SANFORD  Project: 50-0081- Lee County Multi-Sports Complex  0E Broadway Rd. Sanford, North Carolina 27330 Phone: 919-775-7882  Prime Contract Potential Change Order #004: Bulletin 1 = Retaining Wall at  Field 8 FROM: CONTRACT: CREATED BY: CREATED! DATE: PRIME CONTRACT CHANGE ORDER: ACCOUNTING METHOD: Amount Based PAID INE FULL: SIGNED CHANGE ORDER RECEIVED DATE: TOTAL AMOUNT:  TO:  Lee County Govemment  Sanford Contractors Inc 367 Freedom Pkwy Ste 200 Pittsboro, North Carolina 27312 50-0081.-Lee Col Multi-Sports Complex Drake Howard (Sanford Contractors Inc)  PCO NUMBERIREVISION: 004/0 REQUEST RECEIVED FROM: STATUS: REFERENCE: FIELD CHANGE: LOCATION: SCHEDULE IMPACT: EXECUTED:  Pending Ini Review No No  1/11/2024 None No $28,216.84  POTENTIAL CHANGE ORDER TITLE: Bulletin 1- Retaining' Wall atF Field 8  CHANGE REASON: Design Development CE #005 Retaining Wall ATTACHMENTS: #  POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows) Pian changes encapsulated inE Bulletin 001 (ie: New Retaining' Wal, Grading Revision, Extral Fencing)  Amount $11,356.40 $3,000.00 $3,000.00 $1,485.00 $2,500.00 $4,980.00 $600.00 $1,016,07 $279.37  Budget Code  Description  1 32--3223..S Segmental Retaining Wals.Subcontraclors 2 31--2200..L SCI Sitework.Labor 3 31--2200..E SCIS Sitework.Equipment 4 32--3100..S Fences and Gates. Subcontractors 5 01--7829..S SuneyngSubcontractos 6 32--3223..S Segmental Retaining Walls.Subcontractors  Additional Retaining' Wall (-712 sqft) Grading Labor Grading Equipment 6FTF Fence on Wall Surveying Soil Remediation  Subtotal: $26,321.40  OH&P on Self Perform (10.00% Applies tol Labor, Materials, Equipment, Labor Burden, Overhead, Other, Temporary Labor, and  Equip Rental/Repairs.)  OH&P on Subcontractors (5.00% Applies to Subcontractors.):  Bond (1.00% Applies to alli linei item types.):  Grand Total: $28,216.84  Page 1of2  Printed On: 1/11/2024 04:06PM    DocuSign Envelope ID: 45CA6BBE-2A0C-4D6F-94E3-CF8EE3C19438  PCO #004  SANFORD  This Instrument has been preaudited in the manner required byt the Local Government Budget ged Fiscal Control Act GndAUMLMAN Finance Officer, Lee County Lee County Government  Kyle Mullens (The. John! R. McAdams Co., Inc.) 2905 Meridian Parkway Durham, North Carolina: 27713 Mle SIGNATURE  Sanford Contractors Inc 367 Freedom Pkwy Ste 200 Pittsboro, North Carolina 27312 -Docusignedby: Rolurt L. bnsly 1/11/2024 74A7D41100CB4FC SIGNATURE  ullens 1/16/24  DATE  SIGNATURE  DATE  DATE  Page 2of2  Printed On: 1/11/2024 04:06PM    DocuSign Envelope ID: 7C60B0DSACI437C.80C3EPCRBCIrUB  PCO#005  SANFORD  Project: 50-0081- Lee County Multi-Sports Complex  OBroadway Rd. Sanford, North Carolina 27330 Phone: 919-775-7882  Prime Contract Potential Change Order #005: CE #007 - D3 Walkway Light  Fix FROM: CONTRACT: CREATED. BY: CREATED DATE: PRIME CONTRACT CHANGE ORDER: ACCOUNTING METHOD: Amount Based PAID INI FULL: SIGNED CHANGE ORDER REÇEIVED DATE: TOTAL AMOUNT:  TO:  Lee County Govemment  Sanford Contractors Inc 367 Freedom Pkwy Ste 200 Pittsboro, North Carolina 27312 50-0081.- Lee Col Multi-Sports Complex Allie Godfrey (Sanford Contractors Inc)  PCO NUMBERIREVISION: 005/0 REQUEST RECENED! FROM: STATUS: REFERENCE: FIELD CHANGE: LOCATION: SCHEDULE IMPACT: EXECUTED:  Pending- InF Review No No  1/25/2024 None No $82,975.64  POTENTIAL CHANGE ORDER TITLE: CE# #007- D3 Walkway Light Fix  CHANGEI REASON: Design Development CE# #007- D3 Walkwayl Light Fixture Per. Jason Lund's response to RFI34: Energy" fixtures used as the basis of design (BOD).  POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows)  "Leased fixtures are not int the scope oft the project andi itis our understanding that the Owner will not be entering into an agreement to obtain "Duke The electrical drawings clearly illustrate the type D3 lighting fixtures arei included int the projects scope and are "Owned" not leased. Ifleasedi fixtures were specified the circuity/wiring of the fixtures would not have been shown as Duke Energy wires their! fixtures and does not use cliento owned standard panelboards ore equipment! to serve their fixtures. Likewise, 2"PVC grey conduit would! have been specified and shown on drawings, as well as Two (2) lighting fixture cut sheets are attachedi for reference, an approved equaly will be considered: should! the Electrical Contractors lighting vendor match have an option available int their line card. Lighting fixture shall utilize 13' standard pole, 3"or 4"to be coordinated withi fixture, and color dark bronze to surrounding, parking lot and drivelarea way lighting fixtures. Fixtures shall include integral pushbutton type photocell for dusk toc dawn operation.  Duke Energy conduiti installation detail, for the routing of Duke Energy conductors. by the utility, again not the case.  Two (2) similar lighting fixture options are included with this RFI response: Cooper Lighting, InView! Mesa Series ADUSASCAPSMCRER Lithonia Lighting, Radean Post Top Series-F RADPPLEDPP-OkSMENVOTPIAPE0OBX  ATTACHMENTS: #  Description  Amount $42,695.00  Budget Code  Material  1 26--2000.S FledlitalSubcontactors  D3L Light Fixturel  Page 1of2  Printed On: 1/25/2024 06:13PM    DocuSign Envelope ID: 7C60B08DSACI437C80CC3EFPCB3BC7F08  PCO #005  SANFORD #  Budget Code  Description  Amount $35,547.00 S0.00 $3,912,10 $821,54  2 26--2000..S EleatitalSubcontactois  D3Light Fixture Labor  Subtota!: $78,242.00  OH&P on Self Perform (10.00% Applies lol Labor, Materials, Equipment, Labor Burden, Overhead, Other, Temporary Labor, and  Equip Rental/Repairs.)  OH&P on Subcontractors (5.00% Applies to Subcontractors.)  Bond (1.00% Applies to alll line item types.):  Grand Total: $82,975.64  This Instrument has been preaudited! In the manner required byt the! Local Government Budget and Fiscal Control Act Candaulanane Finance Officer, Lee County  Kyle Mullens (The John! R.I McAdams Co., Inc.) 29051 Meridian Parkway Durham, North Carolina 27713 lyle ullensr SIGNATURE  Lee County Government  Sanford Contractors Inc 367 Freedom Ste 200 Pkwy Pittsboro, North Carolina 27312 DocuSigned! by: Rolurt L brisly 1/25/2024 74A7D411DDCB4FC SIGNATURE  1/26/24 DATE  IGNA  DATE  DATE  Page 2of2  Printed On: 1/25/2024 06:13PM    COUNTY OFIE-PERSOARELPOLCY Last Published Date: 07-01-2006  Drug and Alcohol-Free Workplace Policy  Number: B-18  Revision: 9  Effective Date: 02/05/2024  CAR  Pages: 45  1.0 Policy  Lee County Government is committed to providing an alcohol and drug free workplace for its employees and those who conduct business with the County. This commitment isb based on the belief that the County has a responsibility to ensure the safety of County employees and the general public. This document establishes County policy and procedures for staff that are responsible for ensuring that the letter and spirit of this commitment are communicated and implemented in Lee County Government.  2.0 Applicability  This policy applies to all safety sensitive and non-safety sensitive employees, employees classified in safety sensitive positions, paid part-time employees, contract employees, and contractors when they are on Lee County Government property or when performing any Lee County or transit-related safety sensitive or non-safety sensitive business. This policy applies to off-site lunch periods or breaks when an employee is scheduled to return to work. Visitors, vendors, and contract employees are governed by this policy while on Lee County property and will not be permitted to conduct business if found to be in violation of this policy. The Lee County Transit System Employees in safety sensitive and non-safety sensitive positions adhere  to the Drug and Alcohol-Free Workplace Policy in Addendum A.  3.0 Procedure/Rules  A. Prohibitions and Violations while conducting any County business:  The following actions are prohibited on County premises and in Countyworkplacesand  B-18 Druga and Alcohol-Free' Workplace Policy    a. The unlawful manufacture, solicitation, distribution, dispensation, sale, possession or use of controlled substances. The unlawful manufacture, possession, sale, distribution or delivery of drug paraphernalia. b. Use of alcoholic beverages and the unlawful manufacture, solicitation, distribution, dispensation, sale, or possession of alcoholic beverages. C. Misuse of legally prescribed drugs, and the use of illegally obtained prescription d. Any use of legally prescribed drugs or non-prescription medication which carry av warning label that indicates that mental functioning, motor skills or judgment may be adversely affected that has not been reported to the Human Resources Any violation of a through d above shall be considered unacceptable personal conduct and shall be grounds for disciplinary action up to and including dismissal. Impaired behavior and/or diminished performance on the job resulting from the use of alcohol or any controlled substance shall be considered unacceptable personal conduct and shall be grounds for disciplinary action up to and including dismissal. The County will report violations of criminal drug statutes occurring in the workplace to the appropriate law enforcement officials. All employees have a responsibility to report observed and suspected violations of this policy to their supervisor or department Disciplnatyaction, up to and including dismissal, shall be taken when an employee:  drugs.  Director.  director.  Refuses to sign a consent form and participate in a required drug or alcohol test after being advised of the reasons for the request. Intentionally tampers, or attempts to tamper, with a drug or alcohol  sample or testing process.  Produces a confirmed positive test result.  B. Types of Testing  Testing may be given as pre-employment testing, random testing for safety sensitive employees as defined in this policy and at any time for reasonable suspicion. 1. Substances that may be tested for under this policy include:  a. Marlpanacamnabinolds (THC) b. Cocaine metabolites  2  B-18 Drug: and Alcohol-Free' Workplace Policy    Opioids d. Phencyclidine (PCP) Alcohol  Amphetamines/metnamphetamines  g. Barbiturates (e.g., amobarbital, butabarbital, phenobarbital,  secobarbital)  h. Methaqualine (e.g., quaalude)  2. An employee who receives a positive test result may request that the same or split specimen be tested by another certified laboratory with the cost of 3. When management has reasonable suspicion to believe an employee is using or is under the influence of alcohol or a controlled substance, or is misusing prescription drugs, the employee may be required to submit to an immediate drug and/or alcohol test. The test shall be administered by qualified personnel and shall involve proper procedures of specimen  such testing to be at the employee's expense.  collection and testing.  Reasonable Suspicion  Each County employee is subject to reasonable suspicion testing. Reasonable Suspicion means an expressible belief based on specific objective facts, and rational inferences drawn from those facts, that an employee has consumed or is under the influence of alcohol or drugs while in the course of their work. Circumstances which constitute a basis for determining "reasonable suspicion" may include, but are not  limited to:  Observable occurrences, such as direct observation of alcohol or drug use or possession and/or the physical symptoms of being under the influence of A report of direct observation of an employee's alcohol or drug use, while in the course of their work, that is provided by a reliable and credible source. Aj pattern of unexplained, preventable accidents and/or information based on specific objective facts that an employee has caused, or contributed to an accident while in the course of employee's work or is conducting County Evidence that an employee is involved in the unauthorized manufacture, solicitation, distribution, dispensation, possession, sale or use, of alcohol or drugs while working or while on the County's premises or in possession of or  alcohol or drugs.  business while under the influence of alcohol or drugs.  operating a County vehicle, machinery or equipment.  3  B-181 Dniga and Alcohol-Frce' Workplace Policy    Combative, abusive, violent or disruptive behavior (verbal or physical); fights (to mean physical contact), assaults, and flagrant disregard or violations of established safety, security, or other operating procedures.  Erratic behavior/mood swings. Relevant body or breathe odors. drug related offense.  The employee is the focus of a criminal investigation, arrest or conviction for a  Evidence of substance abuse or drug test tampering.  A pattern of excessive absenteeism, tardiness or deterioration in work performance or other abnormal behavior in combination with an observable  occurrence as described above.  The following procedures apply when a supervisor has reasonable suspicion to believe an employee is in violation of the County's Alcohol and Drug Free Workplace Policy. 1. The Supervisor shall review the circumstances and actions which are the basis for the reasonable cause/suspicion with the department director or 2. The employee may be suspended for investigatory purposes in 3. In cases which involve possible manufacture, solicitation, distribution, dispensing, selling or possession of alcohol or controlled substances in the work place, the department director or designee shall contact the local law enforcement agency and State Bureau of Investigation for assistance. 4. The Supervisor shall document the facts in writing as fully as possible and instruct witnesses to reduce their observations to writing to the extent possible. Documentation should include specific dates, times, people involved, behavior, reactions, overall performance and a general discussion of the circumstances existing at the time. Once reasonable cause has been established by the Human Resources Director or the County Manager, the employee shall be advised (in the presence of a witness) that as a condition of continued employment, management has  designee.  accordance with established policy.  4  B-18I Druga and Alcohol-Free' Workplace Policy    the right to require him/her to submit to a drug or alcohol test. The a. The basis for the reasonable suspicion and the requirement that  employee shall then be advised of:  the employee sign a consent form for testing b. The methods of testing which may be used C. The substances which may be identified  d. The importance of cooperating with the collection site personnel  e. The confidentiality of individual test results  f. The consequences of; refusing to sign consent form, failing to submit to immediate testing, failing to report for a specimen Immediately after reviewing a through f above with the employee, the employee shall be advised of the location where the test will be County personnel shall transport the employee to the test site Ifthe employee refuses to sign the consent form or to undergo testing immediately as scheduled, the department director shall take appropriate Ifar negative test result occurs, the employee shall be notifiedir immediately Ifthe employee has been placed on investigatory suspension, he/she shall be reinstated in accordance with policy requirements. All records surrounding thei incident shall be removedi from the employee's personnel file. If the test is positive, the Human Resources Director, within 5 days of receiving positive test confirmation, shall inform the employee, in writing,  collection, or the receipt of a positive test result.  5.  administered and shall sign a consent form. immediately after the consent form is signed.  6. 7.  disciplinary action.  8. 9.  by the department director or designee.  of the results and the proposed action to be taken.  10. Disciplinary actions will result from a confirmed positive test, refusal to participate in a test or of altering or attempting to alter test results. 11. Drug testing will be carried out by a laboratory certified by thel U.S. DHHS  and testing will be conducted via urine specimens.  5  B-181 Druga and Alcohol-Frec' Workplace Policy    12. Alcohol testing will meet industry standards or applicable U.S. DHHS guidelines and will be conducted via a saliva, blood or breath specimen. 13. All specimens will be collected under chain of custody procedures which include photo identification oft the donor and protocols to assure specimen  integrity. testing. breath.  14. A positive drug (controlled substance) test will undergo confirmatory 15. A positive alcohol test will undergo confirmatory testing by either blood or 16. All test results will be maintained in a secure and confidential manner in the County Human Resources Department and will not be released without written consent of the employee unless as a result of action initiated by or on behalf of the employee, they are required to be  produced.  Pre-Employment Substance Abuse Screening  All job finalists are required to undergo druglalcohol testing within twenty-four (24) hours (excluding Saturdays, Sundays, and holidays)ofr receiving and accepting an offer ofe employment contingent upon a negative druglalcohol test result. Finalists who fail to undergo such testing within twenty-four (24) hours will not be considered for  employment. 1. 2.  The Human Resources Department will make arrangements for finalists Finalists will submit a Lee County approved, signed substance abuse testing consent form to the qualified, approved laboratory provider, Finalist testing will be performed on urine specimens using a secure chain of custody procedure to reduce the likelihood of possible errors in the testing procedures using qualified, approved standard medical testing procedures. Gas Chromatograph/Mass Spectrometry (GC/MS) or other appropriate, accepted medical testing procedures will be used to confirm Upon completion of the tests, results will be sent to the employee/finalst ifrequested, and the appropriate staff member in the Human Resources  to be sent to a designated medical facility for testing.  assenting to the testing procedure.  3.  all positive test results.  4.  Department.  6  B-181 Drug: and Alcohol-Free' Workplace Policy    5.  Completion of offers of employment shall not occur until negative test results have been verified by the Human Resources Department.  Effect of Positive Result  Afinalist with a confirmed positive test will not be considered for employment.  1. The Human Resources Director will notify the department director or 2. Positive test results will be held in strict confidence with only the department director or designee, and Human Resources Director having access with no  designee of the test result.  release of results.  3. Employment decisions based on drug test results are final.  4. All finalists for employment as criminal justice officers and all veteran law enforcement officers who apply for transfer from another law enforcement agency or who apply for reinstatement must submit to drug/alcohol testing according to the drug testing rules adopted by the Sheriff's Standards  Division of the State of North Carolina.  Safety Sensitive Categories  Employees classified in safety sensitive positions are subject to all sections oft the  above policy and to the following policy. A safety sensitive position includes:  1. Positions whose function includes any duty related tot the safe operation of mass transit service including the operation of a revenue service vehicle (whether or not the vehicle is in revenue service), dispatch, maintenance of a revenue service vehicle or equipment used in revenue service, security personnel who carry firearms, and any other employee who holds a Commercial Driver's 2. Positions requiring the operation of or maintenance of vehicles, machinery, equipment or the handling of hazardous materials, the mishandling of anything which may place the employee, fellow employees ort the general public at risk of serious injury ort ther nature ofwhich would create as security risk in the workplace. 3. Positions where the incumbent's mental fitness is necessary to minimize or  License.  prevent the risks described above.  7  B-181 Druga and Alcohol-Free Workplace Policy    4. Positions requiring direct patient care or whose work requires an employee to  be working in the field on a routine basis. 5. Safety Sensitive Positions are classified in Appendix A.  Prohibited Substances  "Prohibited Substances" addressed by this policy include the following:  Illegally Used Controlled Substances or Drugs:  1. Any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), as further defined by 21CFR 1300.11 through 1300.15 is prohibited at alli times unless a legal prescription has been written for the substance. This includes, but is not limited to: marijuana, amphetamines, Opioids, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and  use of illegally obtained prescription drugs.  Illegally or Improperly Used Prescription/Overthe Counter Drugs:  2. Prescription/over the Counter Drugs which are used appropriately and in accordance with this policy are not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills or judgment may be adversely affected, must be reported to the Human Resources Director. For those types of prescriptions or over the counter drugs, the employee must obtain a written release from the attending physician releasing the person to perform their job duties any time they obtain a performance-altering prescription. A legally prescribed drug means that an individual has a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. It must include the patient's name, the name of the substance, quantity/amount to be taken, and the period of authorization. The misuse or abuse of legal drugs while performing any type  of transit business is prohibited.  Alcoho!:  3. The use of beverages containing alcohol or substances including any medication, mouthwash, food, candy, or any other substance such that alcohol is present in the body while performing transit business is prohibited. The  B-181 Drug: and. Alcohol-Free Workplace Policy    concentration of alcohol is expressed in terms of alcohol per 210 liters of breath as measured by an evidential breath-testing device. Manufacture, trafficking, possession, and use ofa a controlled substance. Lee County employees working in safety sensitive positions are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of prohibited substances on Lee County Government property, in transit or other Lee County vehicles, in uniform or while on transit Any safety sensitive or non-safety sensitive employee who is reasonably suspected of being intoxicated, impaired, under the influence of a prohibited substance, or not fit for duty shall be suspended from job duties pending an Employees found to be under the influence of a prohibited substance or who fail to pass a drug or alcohol test shall be removed from duty and their employment may be terminated. A drug or alcohol test is considered positive ift the individual is found to have a quantifiable presence of a prohibited substance in the body above the minimum thresholds defined in 49 CFR Part 40, as amended. Nos safety sensitive or non-safety sensitive employee should report for duty or remain on duty when his/her ability to perform assigned safety sensitive functions is adversely affected by alcohol or when his/her breath alcohol concentration is 0.04 or greater. No safety sensitive or non-safety sensitive employee shall use alcohol while on duty, in uniform, while performing safety sensitive functions, or just before orj just after performing a safety sensitive function. No safety sensitive orr non-safety sensitive employee shall use alcohol within four hours of reporting Employees who violate the provision above will be discharged. Law enforcement shall be notified as appropriate, where criminal activity is suspected.  Prohibited Conduct  system or on any other County business.  investigation and verification of condition.  for duty or during the hours that they are on call.  Compliance and' Testing Requirements  All safety sensitive and non-safety sensitive employees will be subject to urine drug testing and/or breath alcohol testing as a condition ofemployment. Any safety sensitive or non-safety sensitive employee who refuses to comply with a request fori testing shall be removed from duty and their employment terminated. Any safety sensitive or non- safety sensitive employee who is suspected of providing false information in connection with a test, or who is suspected of falsifying test results through tampering, contamination, adulteration, or substitution will be required to undergo an observed collection. Verification of these actions will result in the employee's removal from duty  9  B-181 Druga and Alcohol-Free Workplace Policy    and theire employment terminated. Refusal can include an inability to provide a sufficient urine specimen or breath sample without a valid medical explanation, as well as a verbal declaration, obstructive behavior, or physical absence resulting in the inability to  conduct the test. Treatment Requirements  All employees are encouraged to make use of the available resources for treatment for alcohol misuse and illegal drug use policies. Under certain circumstances, employees may be required to undergo treatment for substance abuse or alcohol misuse. Any employee who refuses or fails to comply with Lee County requirements for treatment, after care or return to duty shall be subject to disciplinary action, up to and including termination. The cost of any treatment or rehabilitation services is at the employee's expense. Employees may use accumulated leave as outlined in the Lee County Personnel Policy to participate in the prescribed rehabilitation program.  Notification of Criminal Drug Conviction  All employees are required to notify the Lee County Human Resources Director and Department Director of any criminal drug statute conviction for a violation occurring in the workplace within five days after such conviction. Failure to comply with this  provision may result in termination. Proper Application of the Policy  Lee County Government is dedicated to assuring fair and equitable application of this substance abuse policy. Therefore, supervsorsmanagers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any Drector/Supervisor who knowingly disregards the requirements of this policy, or who ist found to deliberately misuse the policy in regard to subordinates shall be subject to  disciplinary action up to and including dismissal.  Testing Procedure  Analytical urine drug testing and breath testing for alcohol may be conducted when circumstances warrant or as required by Federal regulations. All safety sensitive and non-safety sensitive employees shall be subject to testing prior to employment, for reasonable suspicion, and following an accident. Those employees who perform safety sensitive functions as defined in this policy shall also be subject to testing on a random, Ifan employee is being tested for return to duty or a follow-up test, the collection of the  unannounced basis.  sample will be under direct observation.  10  B-181 Druga and Alcohol-Free Workplace Policy    Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities which have been approved by the U.S. Department of Health and Human service (DHHS). All testing will be conducted consistent with the procedures put forth in 49 CFR Part 40, as amended. The drugs that will be tested for include marijuana, cocaine, Opioids, amphetamines, and phencyclidine. An initial drug screen will be conducted on each urine specimen. For those specimens that are not negative, a confirmatory Gas ChromatographyMass Spectrometry (GC/MS)te test willl be performed. The test willl be considered positive if the amounts present are above the minimum thresholds established in 49 CFR Part 40 as In instances where there is reason to believe an employee is abusing a substance other than the five drugs listed above, Lee County Government reserves the right to test for additional drugs under Lee County's own authority using standard laboratory Test for breath alcohol concentrations will be conducted utilizing a National Highway Traffic Safety Administration NHTSA)-approved testing device operated by a trained technician. If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed using a NHTSA-approved evidential breath-testing As safety sensitive or non-safety sensitive employee who has a confirmed alcohol concentration of greater than 0.02 but less than 0.04 will be removed from his/her position for eight hours unless a retest results in a concentration measure of less The inability to perform safety sensitive duties due to an alcohol test result of greater than 0.02 but less than 0.04 will be considered an unexcused absence subject to Lee County disciplinary procedures. An alcohol test concentration of0.04 or greater will be considered a positive alcohol test and in violation of this policy and a violation of the requirements set forth in 49 CFR Part 665 for safety sensitive employees. Any safety sensitive or non-safety sensitive employee that has a confirmed positive drug or alcohol test will be removed from his/her position, informed of educational and rehabilitation programs available, and referred to a Substance Abuse Professional (SAP) for assessment. A positive drug/alcohol test will also result in termination. Lee County affirms the need to protect individual dignity, privacy and confidentiality  amended.  testing protocols.  device (EBT) operated by a trained breath alcohol technician (BAT).  than 0.02.  throughout the testing process.  11  B-181 Druga and Alcohol-Free' Workplace Policy    Employee Requested' Testing  Any safety sensitive or non-safety sensitive employee who questions the results of a required drug may request that the split sample be tested. The test must be conducted on the split sample that was provided by the employee at the same time as the original All cost for such testing is paid by the employee unless the result of the split sample test invalidates the result of the original test. The method of collecting, storing, and testing the split sample will be consistent with the procedures set forth in 49 CFR Part 40. As amended. The employee's request for a split sample test must be made to the Medical Review Officer within 72 hours of notice of the original sample verified test result. Requests after 72 hours will only be accepted if the delay was due to  sample.  documentable facts that were beyond the control of the employee.  Pre-Employment - Testing  All safety sensitive and non-safety sensitive position applicants shall undergo urine drug testing immediately following the offer of and acceptance of employment. or transferi into a safety sensitive or non-safety sensitive position. Receipt of a negative drug test result is required priorto employment. Failure of a pre-employment drug test will disqualify an applicant for employment. Evidence of the absence of drug dependency from a Substance Abuse Professional that meets with the approval of the Human Resources Director and a negative pre- employment drug test will be required prior to further consideration for employment. All safety sensitive and non-safety sensitive employees may be subject to a fitness for duty evaluation, and urine and/or breath testing when there are reasons to believe that drug or alcohol use is adversely affecting job performance. A reasonable suspicion referral for testing will be made on the basis of documented objective facts and circumstances, which are consistent with the short-term effects of substance abuse or alcohol misuse. Examples of reasonable suspicion include, but are not limited to the  Reasonable SuspicionTesting  following:  Observable occurrences, such as direct observation of alcohol or drug use and/or the physical symptoms of being under the influence of alcohol or drugs. Areport of direct observation of an employee's use of alcohol or drugs, while in the course of their work, provided by a reliable and credible source. Apattern of unexplained, preventable or potentially serious accidents and/or information based on specific objective facts that an employee has caused, or contributed to an accident while in the course of employee's work or is conducting County business while under the influence of alcohol or drugs.  12  B-181 Druga and Alcohol-Free Workplace Policy    Evidence that an employee is involved in the unauthorized manufacture, solicitation, distribution, dispensation, possession, sale or use, of alcohol or drugs while working or while on the County's premises or in possession of or Combative, abusive, violent or disruptive behavior (verbal or physical); fights (to mean physical contact), assaults, and flagrant disregard or violations of  operating a County vehicle, machinery or equipment.  established safety, security, or other operating procedures.  Erratic behavior/mood swings. Relevant body or breathe odors.  The focus ofi investigation, arrest or conviction for drug related offense.  Evidence of substance abuse or drug test tampering.  A pattern of excessive absenteeism, tardiness or deterioration in work performance or other abnormal behavior in combination with an observable  occurrence as described above.  Procedures  The following procedures apply when a supervisor has reasonable cause to believe an employee is in violation of the County's Drug and Alcohol-Free Workplace Policy.  The Supervisor shall review the circumstances and actions which are the basis for the reasonable cause/suspicion with the department director or designee. The employee may be suspended for investigatory purposes in accordance In cases which involve possible manufacture, solicitation, distribution, dispensing, selling or possession of controlled substances in the work place, the department director or designee shall contact the local law enforcement agency The Supervisor or Department Director shall document the facts in writing as fully as possible and instruct witnesses to reduce their observations to writing to the extent possible. Documentation should include specific dates, times, people involved, behavior, reactions, overall performance and a general discussion of  with established policy.  and State Bureau of Investigation for assistance.  the circumstances existing at the time.  13  B-181 Drug: and Alcohol-Frec Workplace Policy    Reasonable suspicionreferrals must be made tot the Human Resources Director by a Supen/sorDepartment Director who is trained to detect the signs and symptoms of drug and alcohol use and who reasonably concludes that an employee may be adversely affected or impaired in his/her work performance due to possible prohibited substance abuse or alcohol misuse.  Special Category of Safety-Sensitive Positions  Certain CDL and heavy vehicle operators may be subject to DOT and Federal Motor Carrier Safety Administration policies and other applicable federal regulations.  Random Testing  Employees in safety sensitive positions will be subjected to random, unannounced testing. The selection of safety sensitive employees for random alcohol testing will be made using a scientifically valid method that ensures that each covered employee will have an equal chance of being selected each time selections are made. The random  tests will be unannounced and spread throughout the year.  Employment Assessment  Any safety sensitive and non-safety sensitive employee who tests positive for the presence ofi illegal drugs or alcohol above the minimum thresholds set forth in 49 CFR Part 40, as amended, will be referred for evaluation by a Substance Abuse Professional through the Employee Assistance Program. Assessment by a Substance Abuse Professional or participation in the County's Employee Assistance Program does not shield an employee from disciplinary action or guarantee employment or reinstatement with Lee County. Lee County Human Resources Department should be consulted to determine the penalty for pertormance-Dased infractions and violation of Ifas safety sensitive or non-safety sensitive employee is allowed to return to duty, he/she must properly follow the rehabilitation program prescribed by the Substance Abuse Professional. The employee must have negative return-to-duty drug and alcohol tests and be subject to unannounced follow-up testing for a period of one to five years. The cost of any treatment or rehabilitation services are the responsibility of the employee. Employees will be allowed to take accumulated leave in accordance with the Lee County Personnel Policy to participate in the prescribed rehabilitation  policy provisions.  program. Rehabilitation  Lee County Government will support the employee in his/her efforts to rehabilitate himselfherself when treatment is initiated by the employee. An employee may be given extended leave to receive inpatient care. Upon release to duty by a qualified professional the employee will be required to sign a written agreement that mayi include  (but is not limited to):  14  B-181 Druga and Alcohol-Free' Workplace Policy    Arelease to work statement from the evaluating Substance Abuse Professional. An negative test for drugs and/or alcohol requirement for future going forward. An agreement to unannounced frequent follow-up testing for a period of one to five years with al least sixt tests performed thei firsty year. Follow-up testing beyond one year will be at the recommendation of the evaluating SAP.  Astatement of work-related behaviors.  An agreement toi follow specified. after care requirements with the understanding that violation of the re-entry contract is grounds for termination.  5.0 Training  Supervisor and Employee Training  This training will include an explanation of the dangers of substance abuse, the prohibited conduct of all employees, the testing requirements, the rights of management and employees, steps to take following an accident and the disciplinary  consequences of substance abuse.  15  B-18I Druga and Alçohol-E Free Workplace Policy    APPENDIX A  All County employees are subject to reasonable suspicion testing. The following positions are designated as safety sensitive categories and are subject to random, pre- employment testing, and reasonable suspicion testing. Certain CDL and heavy vehicle operators may be subject to DOT and Federal Motor Carrier Safety Administration  policies and other applicable federal regulations:  Department Emergency Management  Position Title  Director of Emergency Management Emergency Management Specialist Emergene/Management Coordinator  Fire Marshal  Fire Marshal Deputy Fire Marshal Fire Inspector Director Deputy Director Horticulturist Housekeeping Supervisor Maintenance Supervisor Maintenance Workers Maintenance Mechanics Housekeepers Outreach Coordinator Superintendent Solid Waste Specialist Solid Waste Enforcement Officer Appraisal Manager Real Property Appraisers Revaluation Coordinator Conservation Supervisor  General Services  Library Solid' Waste  Tax  Soil Conservation Recreation  Director Asst. Parks and Recreation Director Athletic Supervisor Parks Operation Supervisor  16  B-181 Druga and Alcohol-Free' Workplace. Policy    Sheriff's Office  Armed Law Enforcement Officers Communications Dispatchers Detention Officers All Employees  COLTS Health Department  Environmenta. Health Specialist Environmental Health Supervisor Environment! Health Program Specialist Public Health Nursel Public Health Nurse II Public Health Nurse III Public Health Nurse Supervisor Lab Technician II Physician Extender SocialWorker IA8 &T Social Worker III Social Worker II Social Workerl  Social Services  Community: Social- Services Assistant Social Work Program Manager  17  B-181 Druga and Alcohol-Free Workplace Policy    ADDENDUM A - County of Lee Transit System Drug and Alcohol-Free  Workplace Policy  DRUG AND ALCOHOL TESTING POLICY County of Lee Transit System Adopted as of February 5, 2024  A. PURPOSE  1) The County of Lee Transit System provides public transit and paratransit services for the residents of Lee County. Part of our mission is to ensure that this service is delivered safely, efficiently, and effectively by establishing a drug and alcohol-free work environment, and to ensure that the workplace remains free from the effects of drugs and alcohol in order to promote the health and safety of employees and the general public. In keeping with this mission, The County of Lee Transit System declares that the unlawful manufacture, distribution, dispense, possession, or use of controlled substances or misuse of alcohol is prohibited for all employees. 2) Additionally, the purpose of this policy is to establish guidelines to maintain a drug and alcohol-free workplace in compliance with the Drug- Free Workplace Act of 1988, and the Omnibus Transportation Employee Testing Act of 1991. Covered employees shall abide by the terms of this policy statement as a condition of employment. This policy is intended to comply with all applicable Federal regulations governing workplace anti- drug and alcohol programs in the transit industry. Specifically, the Federal Transit Administration (FTA) of the U.S. Department of Transportation has published 49 CFR Part 655, as amended, that mandates drug and alcohol testing for safety-sensitive positions, and prohibits performance of safety- sensitive functions when there is a positive test result, or a refusal to test. The U.S. Department of Transportation (USDOT) has also published 49 CFR Part 40, as amended, that sets standards for the collection and 3) Any provisions set forth in this policy that are included under the sole authority of The County of Lee Transit System and are not provided under the authority of the above-named Federal regulations are underlined. Tests conducted under the sole authority of The County of Lee Transit System will be performed on non-USDOT forms and will be separate from  testing of specimens for drug and alcohol testing.  USDOT testing in all respects.  B. APPLICABILITY  This Drug and Alcohol Testing Policy applies to all safety-sensitive employees (full- or part-time) when performing safety sensitive duties. See Attachment A for al list of employees and the authority under which they are included. Drug and Alcohol Testing Policy (Zero Tolerance- V.0623)  Page 1    A safety-sensitive function is operation of public transit service including the operation of a revenue service vehicle (whether or not the vehicle is in revenue service), maintenance of a revenue service vehicle or equipment used in revenue service, security personnel who carry firearms, persons controlling the dispatch orr movement of revenue service vehicles and any transit employee who operates a non-revenue service vehicle that requires a Commercial Driver's License to operate. Maintenance functions include the repair, overhaul, and rebuild of engines, vehicles and/or equipment used in revenue service. A list of safety- sensitive positions who perform one or more of the above-mentioned duties is provided in Attachment A. Supervisors are only safety sensitive if they perform one of the above functions. Volunteers are considered safety sensitive and subject to testing if they are required to hold a CDL or receive remuneration for  service in excess of actual expense.  C. DEFINITIONS  Accident: An occurrence associated with the operation of a vehicle even when  not in revenue service, if as a result:  a. An individual dies.  b. An individual suffers a bodily injury and immediately receives medical treatment away from the scene of the accident; or, One or more vehicles incur disabling damage as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle. For purposes of this definition, disabling damage means damage which precludes departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that could have been operated but would have been further damaged if SO. operated but does not include damage which can be remedied temporarily at the scene of the occurrence without special tools or parts, tire disablement without other damage even if no spare tire is available, or damage to headlights, taillights, turn signals, horn, or  windshield wipers that makes them inoperative.  Adulterated specimen: A specimen that has been altered, as evidenced by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance. Alcoho!: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols contained in any beverage, mixture, mouthwash, Alcohol Concentration: Expressed in terms of grams of alcohol per 210 liters of  candy, food, preparation or medication.  breath as indicated by a breath test under 49 CFR Part 40. Drug and Alcohol Testing Policy (Zero Tolerance-v.0623  Page2    Aliquot: A fractional part of a specimen used for testing, It is taken as a sample Alternate specimen: An authorized specimen, other than the type of specimen Canceled Test: A drug or alcohol test that has a problem identified that cannot be or has not been corrected, or which is cancelled. A canceled test is neither Collection Site: A place selected by the employer where employees present themselves for the purpose of providing a specimen for a drug test. Confirmatory Drug Test: A second analytical procedure performed on a different aliquot of the original specimen to identify and quantify a specific drug or drug Confirmatory Validity Test: A second test performed on a different aliquot of the Covered Employee Under FTA Authority: An employee who performs a safety- sensitive function including an applicant or transferee who is being considered for hire into a safety-sensitive function (See Attachment A for a list of covered Cutoff: The analytical value (e.g., drug or drug metabolite concentration) used as the decision point to determine a result (e.g., negative, positive, adulterated, Designated Employer Representative (DER): An employee authorized by the employer to take immediate action to remove employees from safety-sensitive duties and to make required decisions in testing. The DER also receives test results and other communications for the employer, consistent with the DOT, The Department, DOT Agency: These terms encompass all DOT agencies, including, but not limited to, the Federal Aviation Administration (FAA), the Federal Railroad Administration (FRA), the Federal Motor Carrier Safety Administration (FMCSA), the Federal Transit Administration (FTA), the National Highway Traffic Safety Administration (NHTSA), the Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Office of the Secretary (OST). For purposes of 49 CFR Part 40, the United States Coast Guard (USCG), in the Department of Homeland Security, is considered to be a DOT agency for drug testing purposes. These terms include any designee of a DOT agency. Drug and. Alcohol Testing Policy (Zero Tolerance - v.0623)  representing the whole specimen.  previously collected or attempted to be collected.  positive nor negative.  metabolite.  original urine specimen to further support a validity test result.  employees).  invalid, or substituted) or the need for further testing.  requirements of 49 CFR Parts 40 and 655.  Page3 3    Dilute specimen: A urine specimen with creatinine and specific gravity values that Disabling damage: Damage which precludes departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that could have been operated but would have been further damaged if sO operated but does not include damage which can be remedied temporarily at the scene of the occurrence without special tools or parts, tire disablement without other damage even if no spare tire is available, or damage to headlights, tailights, turn signals, horn, or Employee: Any person who is designated in a DOT agency regulation as subject to drug testing and/or alcohol testing. The term includes individuals currently performing safety-sensitive functions designated in DOT agency regulations and applicants for employment subject to pre-employment testing. For purposes of drug testing under 49 CFR Part 40, the term employee has the same meaning as the term "donor" as found on CCF and related guidance materials produced by Evidential Breath Testing Device (EBT): A device approved by the NHTSA for the evidential testing of breath at the 0.02 and the 0.04 alcohol concentrations and appears on ODAPC's Web page for "Approved Evidential Breath Measurement Devices" because it conforms with the model specifications available from Initial Drug Test: The first test used to differentiate a negative specimen from one Initial Specimen Validity Test: The first test used to determine if a specimen is Invalid Result: The result reported by an HHS-certified laboratory in accordance with the criteria established by the HHS when a positive, negative, adulterated, or substituted result cannot be established for a specific drug or specimen validity Laboratory: Any U.S. laboratory certified by HHS under the National Laboratory Certification Program as meeting the minimum standards of HHS; or, in the case of foreign laboratories, a laboratory approved for participation by DOT under 49 Limit of Detection (LOD): The lowest concentration at which the analyte (e.g.,  are lower than expected for human urine.  windshield wipers that makes them inoperative.  the Department of Health and Human Services.  NHTSA.  that requires further testing for drugs or drug metabolites.  adulterated, diluted, substituted, or invalid.  test.  CFR Part 40.  drug or drug metabolite) can be identified.  Drug and Alcohol Testing Policy (Zero Tolerance-v0623  Page4 4    Limit of Quantification (LOQ): For quantitative assays, the lowest concentration at which the identity and concentration of the analyte (e.g., drug or drug metabolite) Medical Review Officer (MRO): A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by the drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result, together with his/her medical history, and any other relevant Negative Dilute: A drug test result which is negative for the five drug/drug metabolites but has creatinine and specific gravity values that are lower than Negative result: The result reported by an HHS-certified laboratory to an MRO when a specimen contains no drug or the concentration of the drug is less than the cutoff concentration for the drug or drug class and the specimen is a valid specimen. An alcohol concentration of less than 0.02 BAC is a negative test Non-negative specimen: A specimen that is reported as adulterated, substituted, Oral Fluid Specimen: A specimen that is collected from an employee's oral cavity and is a combination of physiological fluids produced primarily by the salivary glands. An oral fluid specimen is considered to be a direct observation collection Oxidizing Adulterant: A substance that acts alone or in combination with other substances to oxidize drugs or drug metabolites to prevent the detection of the drug or metabolites or affects the reagents in either the initial or confirmatory Performing (a safety-sensitive function): A covered employee is considered to be performing a safety-sensitive function and includes any period in which he or she is actually performing, ready to perform, or immediately available to perform such Positive result: The result reported by an HHS- Certified laboratory when a specimen contains a drug or drug metabolite equal or greater to the cutoff  can be accurately established.  bio-medical information.  expected for human urine.  result.  positive (for drug(s) or drug metabolite(s)), or invalid.  for all purposes of 49 CFR Part 40, as amended.  drug test.  functions.  concentrations.  Drug and Alcohol Testing Policy (Zero Tolerance- V.0623)  Page 5    Primary specimen: In drug testing, the specimen bottle that is opened and tested by a first laboratory to determine whether the employee has a drug or drug metabolite in his or her system; and for the purpose of specimen validity. testing. The primary specimen is the portion of the donor's subdivided specimen designated as the primary ("A") specimen by the collector to distinguish it from the split ("'B')specimen, as defined in 49 CFR Part 40, as amended. Prohibited drug: Identified as marijuana, cocaine, opioids, amphetamines, or phencyclidine as specified in 49 CFR Part 40, as amended. Reconfirmed: The result reported for a split (Bottle B) specimen when the second HHS-certified laboratory corroborates the original result reported for the primary Rejected for Testing: The result reported by an HHS- Certified laboratory when no tests are performed for specimen because of a fatal flaw or a correctable flaw Revenue Service Vehicles: All transit vehicles that are used for passenger  (Bottle A) specimen.  that has not been corrected. transportation service.  Salety-sensilve functions: Employee duties identified as:  (1) The operation of a transit revenue service vehicle even when the (2) The operation of a non-revenue service vehicle by an employee when the operation of such a vehicle requires the driver to hold a (3) Maintaining a revenue service vehicle or equipment used in revenue (4) Controlling dispatch or movement of a revenue service vehicle and Specimen: Fluid, breath, or other material collected from an employee at the Specimen Bottle: The bottle that, after being sealed and labeled according to the procedures in 49 CFR Part 40, is used to hold a primary ("A") or split ("B") specimen during the transportation to the laboratory. In the context of oral fluid Split Specimen: In drug testing, the specimen that is sent to a first laboratory. and stored with its original seal intact, and which is transported to a second laboratory for retesting at the employee's request following MRO verification of  vehicle is not in revenue service. Commercial Drivers License (CDL).  service.  (5) Carrying a firearm for security purposes. collection site for the purpose of a drug or alcohol test.  testing, it may be referred to as a "vial," "tube," or "bottle."  the primary specimen as positive, adulterated or substituted. Drug and Alcohol Testing Policy (Zero Tolerance- -1 V.0623)  Page 6    Split specimen collection: A collection in which the single specimen collected is divided into two separate specimen bottles, the primary specimen (Bottle A) and Substance Abuse Professional (SAP): A licensed physician (medical doctor or doctor of osteopathy) or licensed or certified psychologist, social worker, employee assistance professional, state-licensed or certified marriage and family therapist, or drug and alcohol counselor (certified by an organization listed at htps/ww.transportatongowodeposap, with knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol related disorders. Substituted specimen: An employee's specimen not consistent with a normal human specimen, as determined by HHS (e.g., a urine specimen, with creatinine and specific gravity values that are sO diminished, or sO divergent that they are Test Refusal: The following are considered a refusal to test if the employee: (1)Fail to appear for any test (except a pre-employment test) within a (2)Fail to remain at the collection site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre-employment test has not refused to test. (3) Fail to attempt to provide a specimen. An employee who does not provide a specimen because he or she has left the testing site before the testing process commenced for a pre-employment test has not refused to test. (4) In the case of a directly observed or monitored urine collection in a drug test, fail to permit monitoring or observation of your provision of a (5)Fail to provide a sufficient quantity of specimen without a valid medical (6) Fail or decline to take an additional test as directed by the collector or the (7)Fail to undergo a medical evaluation as required by the MRO or the (9) Fail to follow an observer's instructions to raise and lower clothing and (10) Possess or wear a prosthetic or other device used to tamper with the (11) Admit to the adulteration or substitution of a specimen to the collector or (12) Refuse to sign the certification at Step 2 of the Alcohol Testing Form  the split specimen (Bottle B).  not consistent with normal human urine).  reasonable time, as determined by the employer.  specimen. explanation.  employer for drug testing.  employer's Designated Employer Representative (DER). (8) Fail to cooperate with any part of the testing process. turn around during a directly observed urine collection.  collection process. MRO. (ATF).  (13) Fail to remain readily available following an accident. Drug and Alcohol Testing Policy (Zero Tolerance-v.0623  Page 7    (14) As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug  test.  Undiluted (neat) oral fluid: An oral fluid specimen to which no other solid or liquid has been added. For example: A collection device that uses a diluent (or other component, process, or method that modifies the volume of the testable specimen) must collect at least 1 mL ofundiluted (neat) oral fluid. Urine specimen: Urine collected from an employee at the collection site for the Vehicle: A bus, electric bus, van, automobile, rail car, trolley car, trolley bus, or vessel. A public transit vehicle is a vehicle used for public transportation or for Verified negative test: A drug test result reviewed by a medical review officer and determined to have no evidence of prohibited drug use at or above the minimum cutoff levels established by the Department of Health and Human Services Verified positive test: A drug test result reviewed by a medical review officer and determined to have evidence of prohibited drug use at or above the minimum Validity testing: The evaluation of the specimen to determine if it is consistent with normal human urine. Specimen validity testing will be conducted on all specimens provided for testing under DOT authority. The purpose of validity testing is to determine whether certain adulterants or foreign substances were added to the specimen, if the specimen was diluted, or if the specimen was  purpose of a drug test.  ancillary services.  (HHS).  cutoff levels specified in 49 CFR Part 40 as revised.  altered.  D.! EDUCATION AND TRAINING  1) Every covered employee will receive a copy of this policy and will have ready access to the corresponding federal regulations including 49 CFR Parts 655 and 40, as amended. In addition, all covered employees will undergo a minimum of 60 minutes of training on the signs and symptoms of drug use including the effects and consequences of drug use on personal health, safety, and the work environment. The training also includes manifestations and behavioral cues that may indicate prohibited 2) All supervisory personnel or company officials who are in a position to determine employee fitness for duty will receive 60 minutes of reasonable  drug use.  Drug and. Alcohol Testing Policy (Zero Tolerance - V.0623)  Page8    suspicion training on the physical, behavioral, and performance indicators of probable drug use and 60 minutes of additional reasonable suspicion training on the physical, behavioral, speech, and performance indicators of  probable alcohol misuse. E. PROHIBITED SUBSTANCES  1) Prohibited substances addressed by this policy include the following. a. Hlegally Used Controlled Substance or Drugs Under the Drug-Free Workplace Act of 1988 any drug or any substance identified in Schedule It through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1308.11 through 1308.15 is prohibited at all times in the workplace unless a legal prescription has been written for the substance. This includes, but is not limited to: marijuana, amphetamines, opioids, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. It is important to note that the use of marijuana in any circumstances remains completely prohibited for any safety-sensitive employee subject to drug testing under USDOT regulations. The use of marijuana in any circumstance (including under state recreational and/or medical marijuana laws) by a safety-sensitive employee is a violation of this policy and a violation of the USDOT regulation 49 CFR Federal Transit Administration drug testing regulations (49 CFR Part 655) require that all employees covered under FTA authority be tested for marijuana, cocaine, amphetamines, opioids, and phencyclidine as described in this policy. Illegal use of these five drugs is prohibited at all times and thus, covered employees may be tested for these drugs b. Legal Drugs: The appropriate use of legally prescribed drugs and non- prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to a County of Lee supervisor and the employee is required to provide a written release from his/her doctor or pharmacist indicating that the employee can perform his/her safety-sensitive  Part 40, as amended.  anytime that they are on duty.  functions.  Drug and Alcohol Testing Policy (Zero Tolerance -1 V.0623)  Page 9    C. Alcohol: The use of beverages containing alcohol (including mouthwash, medication, food, candy) or any other substances containing alcohol in a manner which violates the conduct listed in this  policy is prohibited.  F. PROHIBITED CONDUCT  1) Illegal use of the drugs listed in this policy and as defined in 49 CFR Part 40, as amended is prohibited at all times. All covered employees are prohibited from reporting for duty or remaining on duty if they have used a prohibited drug as defined in 49 CFR Part 40, as amended. 2) Each covered employee is prohibited from consuming alcohol while performing safety-sensitive job functions or while on-call to perform safety- sensitive job functions. If an on-call employee has consumed alcohol, they must acknowledge the use of alcohol at the time that they are called to report for duty. The covered employee will subsequently be relieved of his/her on-call responsibilties and subject to discipline for not fulfilling 3) The Transit Department shall not permit any covered employee to perform or continue to perform safety-sensitive functions ifi it has actual knowledge 4) Each covered employee is prohibited from reporting to work or remaining on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater regardless of when the a. An employee with a breath alcohol concentration which measures 0.02-0.039 is not considered to have violated the USDOT-FTA drug and alcohol regulations, provided the employee hasn't consumed the alcohol within four (4) hours of performing a safety-sensitive duty. However, if a safety-sensitive employee has a breath alcohol concentration of 0.02-0.039, USDOT-FTA regulations require the employee to be removed from the performance of safety-sensitive . The employee's alcohol concentration measures less than ii. The start of the employee's next regularly scheduled duty period, but not less than eight hours following administration  his/her on-call responsibilities.  that the employee is using alcohol.  alcohol was consumed.  duties until:  0.02; or of the test.  Drug and Alcohol Testing Policy (Zero Tolerance - V.0623)  Page 10    5) No covered employee shall consume alcohol for eight (8) hours following involvement in an accident or until he/she submits to the post-accident 6) No covered employee shall consume alcohol within four (4) hours prior to 7) The County of Lee Transit System under its own authority, also prohibits the consumption of alcohol at all times the employee is on duty, or 8) Consistent with the Drug-free Workplace Act of 1988, all County of Lee Transit System employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of prohibited substances in the workplace including transit system premises and transit  drug/alcohol test, whichever occurs first.  the performance of safety-sensitive job functions.  anytime the employee is in uniform.  vehicles.  G. DRUG STATUTE CONVICTION  Consistent with the Drug Free Workplace Act of 1998, all employees are required to notify the County of Lee Transit System management of any criminal drug statute conviction for a violation occurring in the workplace within five days after such conviction. Failure to comply with this provision shall result in disciplinary  action as defined in this policy. H. TESTING REQUIREMENTS  1) Drug testing and alcohol testing will be conducted as required by 49 CFR Part 40 as amended. All employees covered under FTA authority shall be subject to testing prior to performing safety-sensitive duty, for reasonable suspicion, following an accident, and random as defined in this policy, and 2) A drug test can be performed any time a covered employee is on duty. A reasonable suspicion, random, or follow-up alcohol test can only be performed just before, during, or. after the performance of a safety- sensitive job function. Under The County ofl Lee Transit System.authorifly, anon-DOT alcohol test can be performed any time a covered employee is  return to duty/follow-up.  onduty.  All covered employees will be subject to drug testing and alcohol testing as a condition of ongoing employment with The County of Lee Transit System : Any  Drug and Alcohol Testing Policy (Zero Tolerance - V.0623)  Page11    safety-sensitive employee who refuses to comply with a request for testing shall be removed from duty and subject to discipline as defined in this policy.  DRUG TESTING PROCEDURES  1) Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities which have been approved by the U.S. Department of Health and Human Service (HHS). All testing will be conducted consistent with the procedures set forth in 49 CFR Part 40, as amended. The procedures will be performed in a private, confidential manner and every effort will be made to protect the employee, the integrity of the drug testing procedure, 2) The drugs that will be tested for include marijuana, cocaine, opioids, amphetamines, and phencyclidine. After the identity of the donor is checked using picture identification, a urine and/or oral fluid specimen will be collected as described in 49 CFR Part 40, as amended. Each specimen will be accompanied by a DOT Custody and Control Form and identified using a unique identification number that attributes the specimen to the correct individual. The specimen analysis will be conducted at a HHS certified laboratory. An initial drug screen and validity test will be conducted on the primary specimen. For those specimens that are not negative, a confirmatory test will be performed. The test will be considered positive if the amounts of the drug(s) and/or its metabolites identified by the confirmatory test are at or above the minimum thresholds 3) The test results from the HHS certified laboratory will be reported to a Medical Review Officer. A Medical Review Officer (MRO) is a licensed physician with detailed knowledge of substance abuse disorders and drug testing. The MRO will review the test results to ensure the scientific validity of the test and to determine whether there is a legitimate medical explanation for a confirmed positive, substitute, or adulterated test result. The MRO will attempt to contact the employee to notify the employee of the non-negative laboratory result and provide the employee with an opportunity to explain the confirmed laboratory test result. The MRO will subsequently review the employee's medical history/medical records as appropriate to determine whether there is a legitimate medical explanation for a non-negative laboratory result. Ifno legitimate medical explanation is found, the test will be verified positive or refusal to test and reported to The County of Lee Transit System. If a legitimate explanation is found,  and the validity of the test result.  established in 49 CFR Part 40, as amended.  the MRO will report the test result as negative.  Drug and Alcohol Testing Policy (Zero Tolerance - V.0623)  Page. 12    4) If the test is invalid without a medical explanation, a retest will be conducted under direct observation. Employees do not have access to a 5) Any covered employee who questions the results of a required drug test may request that the split sample be tested. The split sample test must be conducted at a second HHS-certified laboratory. The test must be conducted on the split sample that was provided by the employee at the same time as the primary sample. The method of collecting, storing, and testing the split sample will be consistent with the procedures set forth in 49 CFR Part 40, as amended. The employee's request for a split sample test must be made to the Medical Review Officer within 72 hours of notice of the original sample verified test result. Requests after 72 hours will only be accepted at the discretion of the MRO if the delay was due to documentable facts that were beyond the control of the employee. The County of Lee Transit System will ensure that the cost for the split specimen analysis is covered in order for a timely analysis of the sample, however The County of Lee Transit System will seek reimbursement for 6) Ift the analysis of the split specimen fails to confirm the presence of the drug(s) detected in the primary specimen, if the split specimen is not able to be analyzed, or if the results of the split specimen are not scientifically adequate, the MRO will declare the original test to be canceled.  test of their split specimen following an invalid result.  the split sample test from the employee.  7) Observed collections  a. Consistent with 49 CFR Part 40, as amended, collection under direct observation with no advance notice will occur if:  The laboratory reports to the MRO that a specimen is invalid, and the MRO reports to The County of Lee Transit System that there was not an adequate medical explanation for the ii. The MRO reports to The County of Lee Transit System that the original positive, adulterated, or substituted test result had to be cancelled because the test of the split specimen ili. The laboratory reported to the MRO that the urine specimen was negative-dilute with a creatinine concentration greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL, and the MRO reported the urine specimen as negative-dilute  result.  could not be performed.  Drug and Alcohol Testing Policy (Zero Tolerance - v.0623)  Page 13    and that a second collection must take place under direct  observation (see $40.197(b)(1).  iv. The collector observes materials brought to the collection site or the employee's conduct clearly indicates an attempt to V. The temperature on the original urine specimen was out of vi. Anytime the employee is directed to provide another specimen because the original specimen appeared to have  tamper with a specimen. range (See $40.65(b)(5));  been tampered with (See $40.65(c)(1)).  vii. All ollow-up-tests; or vili. All return-to-duty tests  Urine collections that are required to be directly observed will be conducted by a person of the same gender as the donor as required by 49  CFR Part 40.67.  J. ALCOHOL TESTING PROCEDURES  1) Tests for breath alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration NHTSA)-approved Evidential Breath Testing device (EBT) operated by a trained Breath Alcohol Technician (BAT). A list of approved EBTS can be found on ODAPC's Web page for "Approved Evidential Breath Measurement Devices". Alcohol screening tests may be performed using a non- evidential testing device (alcohol screening device (ASD)) which is also approved by NHTSA. A list of approved ASDs can be found on ODAPC's Web page for "Approved Screening Devices to Measure Alcohol in Bodily Fluids". If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. The confirmatory test must occur on an EBT. The confirmatory test will be conducted no sooner than fifteen minutes after the completion of the initial test. The confirmatory test will be performed using a NHTSA- approved EBT operated by a trained BAT. The EBT will identify each test by a unique sequential identification number. This number, time, and unit identifier will be provided on each EBT printout. The EBT printout, along with an approved alcohol testing form, will be used to document the test, the subsequent results, and to attribute the test to the correct employee. The test will be performed in a private, confidential manner as required by  Drug and Alcohol Testing Policy (Zero Tolerance-v V.0623)  Page 14    49 CFR Part 40, as amended. The procedure will be followed as prescribed to protect the employee and to maintain the integrity of the 2) Ao confirmed alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of this policy. The consequences ofa positive alcohol test are described in this policy. Even though an employee who has a confirmed alcohol concentration of 0.02 to 0.039 is not considered positive, the employee shall still be removed from duty for at least eight hours or for the duration of the work day whichever is longer and will be subject to the consequences described in this policy. An alcohol concentration of less than 0.02 will be considered a negative test. 3) The County of Lee Transit System affirms the need to protect individual dignity, privacy, and confidentiality throughout the testing process. Ifat any time the integrity of the testing procedures or the validity of the test results is compromised, the test will be canceled. Minor inconsistencies or procedural flaws that do not impact the test result will not result in a 4) The alcohol testing form (ATF) required by 49 CFR Part 40 as amended, shall be used for all FTA required testing. Failure of an employee to sign step 2 of the ATF will be considered a refusal to submit to testing.  alcohol testing procedures and validity oft the test result.  cancelled test.  K.! PRE-EMPLOYMENT TESTING  1) All applicants for covered transit positions shall undergo drug testing prior  to performance of a safety-sensitive function.  a. All offers of employment for the covered positions shall be extended conditional upon the applicant passing a drug test. An applicant will not be allowed to perform safety-sensitive functions unless the applicant takes a drug test with verified negative results. b. An employee shall not be placed, transferred or promoted into a position covered under FTA authority or company authority until the employee takes a drug test with verified negative results. C. Ifan applicant fails a pre-employment drug test, the conditional offer of employment shall be rescinded, and the applicant will be provided with a list of at least two (2) USDOT qualified Substance Abuse Professionals. Failure of a pre-employment drug test will disqualify an applicant for employment for a period of at least one year. Before being considered for future employment the applicant  Drug and. Alcohol Testing Policy (Zero Tolerance-v0623  Page 15    must provide the employer proof of having successfully completed ar referral, evaluation and treatment plan as described in section 655.62 of subpart G. The cost for the assessment and any subsequent treatment will be the sole responsibility of the applicant. d. When an employee being placed, transferred, or promoted from a non-covered position to a position covered under FTA authority or company authority submits a drug test with a verified positive result, the employee shall be subject to disciplinary action in accordance e.Ifa pre-employment test is canceled, The County of Lee Transit System will require the applicant to take and pass another pre- f. Ini instances where a FTA covered employee does not perform a safety-sensitive function for a period of 90 consecutive days or more regardless of reason, and during that period is not in the random testing pool the employee will be required to take a pre- employment drug test under 49 CFR Part 655 and have negative test results prior to the conduct of safety-sensitive job functions. g. Following a negative dilute the employee will be required to undergo another test. Should this second test result in a negative dilute result, the test will be considered a negative and no additional testing will be required unless directed to do sO by the MRO. h. Applicants are required (even if ultimately not hired) to provide The County of Lee Transit System with signed written releases requesting USDOT drug and alcohol records from all previous, USDOT-covered, employers that the applicant has worked for within the last two years. Failure to do sO will result in the employment offer being rescinded. The County of Lee Transit System is required to ask all applicants (even if ultimately not hired) ifthey have tested positive or refused to test on a pre-employment test for a USDOT covered employer within the last two years. If the applicant has tested positive or refused to test on a pre- employment test for a USDOT covered employer, the applicant must provide The County of Lee Transit System proof of having successfully completed a referral, evaluation and treatment plan as  with this policy.  employment drug test.  described in section 655.62 of subpart G.  L. REASONABLE SUSPICION TESTING  Drug and Alcohol Testing Policy (Zero Tolerance-v.0623  Page 16    1) All County of Lee Transit System FTA covered employees will be subject toar reasonable suspicion drug and/or alcohol test when the employer has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol misuse. Reasonable suspicion shall mean that there is objective evidence, based upon specific, contemporaneous, articulable observations of the employee's appearance, behavior, speech or body odor that are consistent with possible drug use and/or alcohol misuse. Reasonable suspicion referrals must be made by one or more supervisors who are trained to detect the signs and symptoms of drug and alcohol use, and who reasonably concludes that an employee may be adversely affected or impaired in his/her work performance due to possible prohibited substance abuse or alcohol misuse. A reasonable suspicion alcohol test can only be conducted just before, during, or just after the performance of a safety-sensitive job function. However, under the County of Lee Transit System authority, non-DOT reasonable suspicion alcohol test may be performed any time the covered employee is on duty. A reasonable suspicion drug test can 2) The County of Lee Transit System shall be responsible for transporting the employee to the testing site. Supervisors should avoid placing themselves andlor others into a situation which might endanger the physical safety of those present. The employee shall be placed on administrative leave pending disciplinary action described in this policy. An employee who refuses an instruction to submit to a drug/alcohol test shall not be permitted to finish his or her shift and shall immediately be placed on administrative leave pending disciplinary action as specified in this policy. 3) A written record of the observations which led to a druglalcohol test based on reasonable suspicion shall be prepared and signed by the supervisor making the observation. This written record shall be submitted to the The 4) When there are no specific, contemporaneous. articulable objective facts that indicate current drug or alcohol use, but the employee (who isnot already a participant in a treatment program) admits the abuse of alcohol or other substances to a supervisor in his/her chain of command, the employee shall be referred for assessment and treatment consistent with this policy. The County of Lee Transit System shall place the employee on administrative leave in accordance with the provisions set forth under this policy. Testing in this circumstance would be performed under the direct authority of the County ofLee Transit System. Since the employee self-referred to management, testing under this circumstance would not be considered a violation of this policy or a positive test result under Federal authority. However, self-referral does not exempt the  be performed any time the covered employee is on duty.  County of Lee Transit System.  Drug and Alcohol Testing Policy (Zero Tolerance -V.0623)  Page 17    covered employee from testing under Federal authority as specified in this  policy or the associated consequences.  M. POST-ACCIDENT TESTING  1) FATAL ACCIDENTS - A covered employee will be required to undergo drug and alcohol testing if they are involved in an accident with a transit vehicle, whether or not the vehicle is in revenue service at the time of the accident, that results in a fatality. This includes all surviving covered employees that are operating the vehicle at the time of the accident and any other whose performance could have contributed to the accident, as determined by the employer using the best information available at the 2) NON-FATAL ACCIDENTS - A post-accident test of the employee operating the public transportation vehicle will be conducted if an accident a. The accident results in injuries requiring immediate medical treatment away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident. b. One or more vehicles incurs disabling damage as a result of the occurrence and must be transported away from the scene, unless the covered employee can be completely discounted as a  time of the decision.  occurs and at least one of the following conditions is met:  contributing factor to the accident.  In addition, any other covered employee whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the decision, will be tested. As soon as practicable following an accident, as defined in this policy, the transit supervisor investigating the accident will notify the transit employee operating the transit vehicle and all other covered employees whose performance could have contributed to the accident of the need for the test. The supervisor will make the determination using the best information available The appropriate transit supervisor shall ensure that an employee, required to be tested under this section, is tested as soon as practicable, but no longer than eight (8) hours of the accident for alcohol, and no longer than 32 hours for drugs. If an alcohol test is not performed within two hours of the accident, the Supervisor will document the reason(s) for the delay. If the alcohol test is not conducted within (8) eight hours, or the drug test within 32 hours, attempts to conduct the test must cease and the reasons for the failure to test documented.  at the time of the decision.  Drug and. Alcohol Testing Policy (Zero Tolerance - V.0623)  Page 18    Any covered employee involved in an accident must refrain from alcohol use for eight (8) hours following the accident, or until he/she undergoes a post-accident An employee who is subject to post-accident testing who fails to remain readily available for such testing, including notifying a supervisor of his or her location ifhe or she leaves the scene of the accident prior to submission to such test, Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident, or to prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary In the rare event that The County of Lee Transit System unable to perform an FTA drug and alcohol test (i.e., employee is unconscious, employee is detained by law enforcement agency), the County of Lee Transit System may use drug and alcohol post-accident test results administered by local law enforcement officials in lieu of the FTA test. The local law enforcement officials must have independent authority for the test and the employer must obtain the results in  alcohol test.  may be deemed to have refused to submit to testing.  emergency medical care.  conformance with local law. N. RANDOM TESTING  1) All covered employees will be subjected to random, unannounced testing. The selection of employees shall be made by a scientifically valid method of randomly generating an employee identifier from the appropriate pool of safety-sensitive employees. Individuals who may be covered under company authority will be selected from a pool of non-DOT-overed 2) The dates for administering unannounced testing of randomly selected employees shall be spread reasonably throughout the calendar year, day 3) The number of employees randomly selected for drug/alcohol testing during the calendar year shall be not less than the percentage rates set each year by the FTA administrator. The current year testing rates can be viewed online at paNwwiamporssngowgpwpdapenanometn,  individuals.  of the week and hours of the day.  rates.  Drug and. Alcohol Testing Policy (Zero Tolerance-v.0623  Page 19    4) Each covered employee shall be in a pool from which the random selection is made. Each covered employee in the pool shall have an equal chance of selection each time the selections are made. Employees will remain in the pool and subject to selection, whether or not the employee has been previously tested. There is no discretion on the part 5) Covered transit employees that fall under the Federal Transit Administration regulations will be included in one random pool maintained separately from the testing pool of non-safety-senstive employees that are included solely under The County of Lee Transit System authority. 6) Random tests can be conducted at any time during an employee's shift for drug testing. Alcohol random tests can only be performed just before, during, or just after the performance of a safety sensitive duty. However, under The County of Lee Transit System authority, a non-DOT random alcohol test may be performed any time the covered employee is on duty. Testing can occur during the beginning, middle, or end of an employee's 7) Employees are required to proceed immediately to the collection site upon  of management in the selection.  shift.  notification of their random selection.  O.R RETURN-TO-DUTY TESTING  The County of Lee Transit System will terminate the employment of any employee that tests positive or refuses a test as specified in this policy. However, in the rare event an employee is reinstated with court order or other action beyond the control of the transit system, the employee must complete the return-to-duty process prior to the performance of safety-sensitive functions. All covered employees who previously tested positive on a drug or alcohol test or refused a test, must test negative for drugs, alcohol (below 0.02 for alcohol), or both and be evaluated and released by the Substance Abuse Professional before returning to work. Following the initial assessment, the SAP will recommend a course of rehabilitation unique to the individual. The SAP will recommend the return-to-duty test only when the employee has successfully completed the treatment requirement and is known to be drug and alcohol-free and there are no undue concerns for public safety. The SAP will determine whether the employee returning to duty will require a return-to-duty drug test, alcohol test, or both.  P.F FOLLOW-UP TESTING  Drug and. Alcohol Testing Policy (Zero Tolerance-v.0623)  Page 20    Covered employees that have returned to duty following a positive or refused test will be required to undergo frequent, unannounced drug andlor alcohol testing following their return-to-duty test. The follow-up testing will be performed for a period of one to five years with a minimum of six tests to be performed the first year. The frequency and duration of the follow-up tests (beyond the minimums) will be determined by SAP reflecting the SAP's assessment of the employee's unique situation and recovery progress. Follow-up testing should be frequent enough to deter and/or detect a relapse. Follow-up testing is separate and in addition to the random, post-accident, reasonable suspicion and return-to-duty Int the instance of a self-referral or a management referral, the employee will be subject to non-USDOT follow-up tests and follow-up testing plans modeled using the process described in 49 CFR Part 40. However, all non-USDOT follow-up tests and all paperwork associated with an employee's return-to-work agreement that was not precipitated by a positive test result (or refusal to test) does not constitute a violation of the Federal regulations will be conducted under company  testing.  authority and will be performed using non-DOT testing forms.  Q. RESULT OF DRUG/ALCOHOLI TEST  1) Any covered employee that has a verified positive drug or alcohol test, or test refusal, will be immediately removed from his/her safety-sensitive position, informed of educational and rehabilitation programs available, and will be provided with a list of at least two (2) USDOT qualified Substance Abuse Professionals (SAP) for assessment, and will be 2) Following a negative dilute the employee will be required to undergo another test. Should this second test result in a negative dilute result, the test will be considered a negative and no additional testing will be required 3) Refusal to submit to a drug/alcohol test shall be considered equivalent to a positive test result and a direct act of insubordination and shall result in termination and referral to a list of USDOT qualified SAPS. A test refusal a. Fail to appear for any test (except a pre-employment test) within a b. Fail to remain at the collection site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre-employment test has not  terminated.  unless directed to do sO by the MRO.  is defined as any of the following circumstances:  reasonable time, as determined by the employer.  refused to test.  Drug and Alcohol Testing Policy (Zero Tolerance - - v.0623)  Page 21    C. Fail to attempt to provide a specimen. An employee who does not provide a specimen because he or she has left the testing site before the testing process commenced for a pre-employment test d. Int the case of a directly observed or monitored urine collection in a drug test, fail to permit monitoring or observation of your provision e. Fail to provide a sufficient quantity of specimen without a valid f. Fail or decline to take an additional test as directed by the collector g. Fail to undergo a medical evaluation as required by the MRO or the employer's Designated Employer Representative (DER). h. Fail to cooperate with any part of the testing process. Fail to follow an observer's instructions to raise and lower clothing and turn around during a directly observed urine collection. Possess or wear a prosthetic or other device used to tamper with k. Admit to the adulteration or substitution of a specimen to the Refuse to sign the certification at Step 2 of the Alcohol Testing n. As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a  has not refused to test. of a specimen. medical explanation. ort the employer for drug testing.  the collection process. collector or MRO. Form (ATF).  m. Fail to remain readily available following an accident.  drug test.  4) An alcohol test result of 20.02 to < 0.039 BAC shall result in the removal of the employee from duty for eight hours or the remainder or the work day whichever is longer. The employee will not be allowed to return to safety- sensitive duty for his/her next shift until he/she submits to a NONDOT 5) In the instance of a self-referral or a management referral, disciplinary  alcohol test with a result of less than 0.02 BAC. action against the employee shall include:  a. Mandatory referral for an assessment by an employer approved counseling professional for assessment, formulation of a treatment b. Failure to execute or remain compliant with the return-to-work agreement shall result in termination from the County of Lee Transit . Compliance with the return-to-work agreement means that the employee has submitted to a drug/alcohol test immediately prior to returning to work; the result of that test  plan, and execution of a return-to-work agreement.  System employment.  Drug and. Alcohol Testing Policy (Zero Tolerance-v.0623  Page 22    is negative; the employee is cooperating with his/her recommended treatment program; and, the employee has agreed to periodic unannounced follow-up testing as described in this policy; however, all follow-up testing performed as part of a return-to-work agreement required under this policy is under the sole authority of the County of Lee Transit System and will be performed using non-DOT  testing forms.  C. Refusal to submit to a periodic unannounced follow-up drug/alcohol test shall be considered a direct act of insubordination and shall result in termination. All tests conducted as part of the return- to-work agreement will be conducted under company authority and will be performed using non-DOT testing forms. d. A self-referral or management referral to the employer's counseingprolesional that was not precipitated by a positive test result does not constitute a violation of the Federal regulations and will not be considered as a positive test result inrelation to the progressive discipline defined in this policy. e. Periodic unannounced follow-up druglalcohol testing conducted as aresult of a self-referral or management referral which results ina verified positive shall be considered a positive test result in relation f. AVoluntary Referral does not shield an employee from disciplinary action or quarantee employment with The County of Lee Transit g. A Voluntary Referral does not shield an employee from the requirement to comply with drug and alcohol testing.  to the progressive discipline defined in this policy.  System.  6) Failure of an employee to report within five days a criminal drug statute conviction for a violation occurring in the workplace shall result in  termination.  R. GRIEVANCE AND APPEAL refusal is not subject to arbitration.  The consequences specified by 49 CFR Part 40.149 (c) for a positive test or test  S. PROPER APPLICATION OF THE POLICY  The County of Lee Transit System is dedicated to assuring fair and equitable application of this substance abuse policy. Therefore, supenysors/managers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor/manager who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy in regard to  Drug and Alcohol Testing Policy (Zero Tolerance - v.0623)  Page 23    subordinates, shall be subject to disciplinary action, up to and including  termination.  T. INFORMATION DISCLOSURE  1) Drug/alcohol testing records shall be maintained by the County of Lee Transit System Drug and Alcohol Program Manager and, except as provided below or by law, the results of any drug/alcohol test shall not be disclosed without express written consent of the tested employee. 2) The employee, upon written request, is entitled to obtain copies of any records pertaining to their use of prohibited drugs or misuse of alcohol including any drug or alcohol testing records. Covered employees have the right to gain access to any pertinent records such as equipment calibration records, and records of laboratory certifications. Employees 3) Records of a verified positive drug/alcohol test result shall be released to the Drug and Alcohol Program Manager, and other transit system 4) Records will be released to a subsequent employer only upon receipt of a 5) Records of an employee's druglalcohol tests shall be released to the adjudicator in a grievance, lawsuit, or other proceeding initiated by or on behalf of the tested individual arising from the results of the drug/alcohol test. The records will be released to the decision maker ini the proceeding. 6) Records will be released to the National Transportation Safety Board 7) Information will be released in a criminal or civil action resulting from an employee's performance of safety-sensitive duties, in which a court of competent jurisdiction determines that the drug or alcohol test information is relevant to the case and issues an order to the employer to release the information. The employer will release the information to the decision maker in the proceeding with a binding stipulation that it will only be 8) Records will be released to the DOT or any DOT agency with regulatory  may not have access to SAP follow-up testing plans.  management personnel on a need-to-know basis.  written request from the employee.  during an accident investigation.  released to parties of the proceeding.  authority over the employer or any ofi its employees.  Drug and. Alcohol Testing Policy (Zero Tolerance-1 V.0623)  Page 24    9) Records will be released if requested by a Federal, state or loçal safety agency with regulatory authority over the County of Lee Transit System] or 10)lf a party seeks a court order to release a specimen or part of a specimen contrary to any provision of Part 40 as amended, necessary legal steps to 11)In the case of a contractor or sub-recipient of a state department of transportation, records will be released when requested by such agencies that must certify compliance with the regulation to the FTA.  the employee.  contest the issuance of the order will be taken.  Drug and. Alcohol Testing Policy (Zero Tolerance- - v.0623)  Page 25    This Policy was adopted by the Lee County Board of Commissioners on  February 5, 2024.  KHk D. Smith, Chair  Lee County Board of Commissioners  Drug and. Alcohol Testing Policy (Zero Tolerance- - V.0623)  Page 26    Attachment A Job Duties  Job Title  Testing Authority Oversees COLTS Oversees Drug and Alcohol Policy Oversees Pre-employment and Random Drug Testing  Melanie Rodgers Director Lee County Senior Services Meta McCune Director Lee County Human Resources Cynthia Correa Human Resources Technician  Tonya Surratt Transportation Coordinator  County ofLee' Transit System Supervisor Relays Information to  COLTS Staff  Drug and Alcohol Testing Policy (Zero Tolerance-v.0623)  Page 27    Attachment B Contacts  Any questions regarding this policy or any other aspect of the substance abuse  policy should be directed to the following individual(s). County of Lee Drug and Alcohol Program Manager Title: Human Resources Technician Address: 408 Summit Drive Sanford NC 27330 Telephone Number: 919-718-4615 Ext. 5563  Name:Cynthia Correa  Medical Review Officers Name:Dr. Charlton Norman Owensby Title: Medical Review Officer Address:2000 N Drexel Blvd. Oklahoma City, OK 73107 Telephone Number704-455-7500 Names: Dr. Ann Marie Richards or Dr. James Liffrig Title: Medical Review Officers Address: 150 Ivey Lane, Pinehurst, NC 28374 Telephone Number: 919-215-5210 Substance Abuse Professional #1 Name:Gene P. Smith, CSAP, LSAP Title: Executive Director. - Life Changes Inc. Address: PO Box 531 Danville VA 24543 Telephone Number:4 434-822-6600 or 800-776-3022 Substance Abuse Professional #2 Name:Robert Asemota, MS, LCAS SAP  Title: President/CEO, OSA. Assessment and Counseling Services, Inc. Address: 202 Kelly Place, Suite 101 High Point, NC 27262 Telephone Number: 336-882-6859 FAX: 336-882-6850 HHS Certified Laboratory Primary Specimen Address: 1904 T.W. Alexander Drive, RTP, NC 27709 Telephone Number: 919-572-6900  Name: LabCorp  Drug and Alcohol Testing Policy (Zero Tolerance-v V.0623)  Page 28    ARPA MBA2 Appropriated 5,866,148.98 $ $ 1,550,225.00 $ 180,000.00 7,596,373.98 Appropriated $ 2,000,000.00 $ $ 422,161.00 $ $ 315,000.00 $ $ 159,000.00 $ $ 850,000.00 $ $ 425,000.00 $ $ 4,000.00 $ $ 2,000.00 $ $ 2,148.98 $ $ 2,000.00 $ $ 50,000.00 $ $ 96,000.00 $ $ 100,000.00 $ $ 125,000.00 $ $ 250,000.00 $ $ 150,000.00 $ $ 160,000.00 $ $ 153,839.00 $ $ 500,000.00 $ $ 100,000.00 $ Appropriated $ 94,480.00 $ 1,455,745.00. $ Estimated Cost 180,000,00. $ $ 180,000.00.  MBA2 Beginning Balance BOCA Approved Projects Mental! Heallh-E BOC/ Approved Optional ProposalF Funds BOC Approved Projects BOCC Chambers BobH Hales Reno OMIS Service Project JailF FullE Bodys Scanner* Affordable! Housing- Brick Capital/Cityo ofSanford Sports Lightinga atOTS Sloan* Basict Needs Safes Sleep Safel Travel Safe Space Rental/Utility: assistancef fors Seniors Lucas CPRN Machines* Parksa andR Rec- GymnasticsF Renovation* Hortons SanitationF Facility- Additionalf funds Urgent Repairy program Playground: atl Temple Park* Shelter withF Restrooms atl Temple Park Historic Courthouset Project R.E.N.E.W- Well-Being! Initiative AFP Grant Match for O.T.S Sloan Subtotal MBA2 Dollars Mentall Healthi Initiative BOC Approved Pre-Trial Community Socialy Worker (Grade? 71-with! benefits-1 lyr)" Undetermined projects Subtotal MB2 Dollars Remalning Proposed Optional Projects Town ofE Broadways Grant Match (Water Sewer) Hazardous) Waste! Mitigation: atN Moore Center SubtotalN MBA2 Dollars *Projects thath havek been completed  8,000,000.00  Expended  Remaining 1,550,225.00 180,000,00 Remaining 2,000,000.00 290,160.00 $ 132,001.00 262,500.00 $ 52,500.00 159,000.00 $ $ 850,000.00 409,251.00 $ 15,749.00 $ 15,749.00 2,688.94 $ 1,311.06 $ 2,000.00 $ 284.81 $ 1,864.17 $ 2,000.00 $ 33,953.17 $ 16,046.83 95,395.03 $ 100,000.00 $ 95,896.06 $ 29,103.94 $ 29,103.94. 125,000.00 $ 125,000.00 150,000.00 $ 133,298.00 $ 26,702.00 $ 153,839.00 500,000.00 100,000.00 Remainn  Reobligate  1,859,427.01 $ 4,006,721.97 $ 45,457.91  Expended  Reobligate  604.97 $  604.97  TotaiBoCApproved: $ 5,866,148.98 $.  1,859,427.01 $. 4,006,721.97 $ 45,457.91.  2,179,308.93  Expended  Total Health Initiatve: $ 1,550,225,00 $  629,083.93  449,083.93    Y 3 - L 1  Y f C  n  K :  E  L  2 €  3  2 C d6 S 3  S  N  10  8  I  5  M  à  3 9  E D2  of  3  >  I  B  -   1 - L -  6  I  5  C C  -  5  8 o C   €  €  -  e    - D  y a L N  2  :  5  a  > > - 0  V 6  t  5  9  - B  -  -    S E 5 9 DE o I  E m E E 8 @ s g a E 1  @ L -   E 3 a @ 1  -  C o e 3 6 33 0 2  5 de  a  1s  I  9 i.s I  9 is E 3  S 3  5    a U  o E a  C  I    3  e 8  S  a  a -  b0 8 a  - E  e  - 0 E  E  I  -  3 e  5 - 8  I  A  I    22  a 8  b0  a lB @ - e  a C  I  I    3  6 - E 8    3    I  E of  I  @    R W    I    6 0 C U 0 J  g  dvs    b0  E  -  3    6    a - e C  N  D      - -  L K - -  C - 8  3  W  I  3  &  A  = a  -   8  NN  =  < 2  8  I  - L S  I  U a  -  I  a &    a a @    A 8  0 5 e a  S J  E of I : € à  -  a  3 2  A  E e ) V 3 E - I 2  I 8 A € I E 3 - E E a E 5 a I B - I -  E - n € o 3 - f -  5  A -  3 8  - B  -  I I  à  W  3  @ E  I  5 3 € e     - C 3 -  @  0 € E 3 8  @ - bo 5 00 m e l9 2 @  0 E O 8  2 3 4 E - I - - I  a e  I  E E e E I  f 2 o a  a  of S E a C of  a  D D  f 2 2  52 C  E  1  A - 3  : 3 e E  E la  L  0 b0 -  a @ 3 0 a E b0 o C @  I  e      00 E  - C a -  U - 0  6 -   @ o Q 3 3 E @ 00 a D B L DE 6 E O DE de E de A J la &  S a 0 a - )  -  00  9  D  D a E   > e a O - a e E 5 @ 6 : L - à - C 5 8 C   8  O 8 3 M a F /  o L @    A I  0  LL T  L N  8  -  8  8  5  e  LL  -  V - -  I  0  A - a -  2 E - 5 Y - 6 I 3 E  :  e  -  I  €    6  5  a L I  P  B K  I  -  n  6  I    e -  S - E  a  I  00 C >  - 3  &    C 2 @ 3 e -  E  C a - a bo  3 = E E 8 :  C € g  2 E18 S @  5 a    e 9 6 B 3  A  a 8 8 a  I a E D I  -  0 y - - >  9  0 a 00 0 € I E A O e t O C a o C C a  a 5  2 € S 5 8  / -  00  -  E o E U e - E C E  U - >  9 -  8  1 E I    a C J de - a 3 D a  E 5 9 E a C @ B  3  e  U  9  , 2  C  5  E @   E  @ S -    B e  River    -  b0  a    00 a y 5 E E in 3 B 8  € €  L 8 o S 3 1 la @ 00 a S O U a - - O V @ 4 V e X 9 2 9 E 8 E E 8 8 B f f I 5 a E 0 bo 3 I 8 5 @ 3 E  e E a @ I 9 I E a I - I I E 1) N 2 6 0 ) V 3 B 6 in in I ! 0 8 E e - 8 8 - A E I E a 4 E 00 3 B I A 8 8 - $A 8 $A la b0 e I 3 E E E  a S O  3 0 9 E 0 e 8 O a S a  3  -  6    C 5 0 e E I  O € @ O  D  8 E - E  is E - U  8 6 00 C   I  5 @  6 I  f 6 E S $A 3  - 3   J 0 E de  2 E 8 o e A 3 I E de  E  - D    a 6 a C o E f @ @ S 8 3 E @ a C - of I 5 6 E @ 8 S I E  o 6 9 E o I   Z € @ S - 9 a 3 @ DM o de D  6 R C 3 a N e 3 3 2 f - C @ E B @ 5  E 6 a 2 3 @ &  I  e a C I  @ E A , -  e a  3  I  b0 6o  E A 9     00 9  o  Y U = O D a L 6 E  o  @ € a  N  S  o  S n 1    2 e  O 5 2 < de 5 D a P $ 3 e 9 C E 8  6 E  e  a - A 3 a E  E E €    U 0  9 d  C  €  C : E -  D  f 6 m E @ I S 1 5 E S 8 3 5 0o I M B  E  @ L  b0 m C C U bo  - a n  E    E 6 of  €  0 N  - C 6 bo E  U J   a  s)    t  9 a  a 3  e -  :  a 8  a  9 9 a S C 9 9  o  a  D  b0 - - bo  o 1  J LJ N n A 0 S a NI 3 DU E o  e 00  9  ) - -  t @  a  -    a  E O - C e O - @ f e O E 9 @  3  n - 0 a 0   - €  S U a @ @ a a @ 10 L 8  -    00  3 e e a 3 3 o @ E  00 E 0  9 @  C  n    - 9  - D  NORTHCAROLINA, LEECOUNTY Presented for mgataimontisdtsy dbd4 AdApw recordedi inl Book. BloPag900 Pamela G. Brilt, Register ofDeeds