Drug & Alcohol Testing Service FLEETSCREEN, LTD.
DRUG AND ALCOHOL TESTING SERVICES AGREEMENT
FLEETSCREEN, LTD., a Texas Limited Partnership, with a principal office located in Fort Worth, Texas, hereinafter referred to as (FLEETSCREEN) and
The City of galina, Kansas, hereinafter referred to ag CITY agree to the terms of this services Agreement (the "Agreement") as follows:
1. Obligations of FLEETSCREEN: FLEETSCREEN hereby agrees to establish and coordinate a drug and alcohol testing program for CITY which
will include the following:
a. Laboratory testing services for specimens belonging to CITY participants, by a Substance Abuse Mental Health Services Administration
("SAMHSA") certified laboratory in accordance with SAMHSA Guidelines and, if required, Title 49, Part 40 of the Code of Federal regulations
promulgated by the Department of Transportation ("USDOT").
b. Supplying of collection bottles, mailing containers and all required forms to the collection sites at no cost to the CITY, unless delivery is required
by CITY on less than ten (10) DAYS NOTICE. In such cases, CITY must pay overnight delivery fees, if any.
c. Arranging for overnight express courier transportation of the specimens to the laboratory from the collection sites at no cost to the CITY.
d. Medical review of negative and positive test results by licensed physician Medical Review Officer ("MRO") and physician maintenance of all
medical records as required by law.
e. Reporting of negative and positive test results to CITY within twenty-four (24) hours after receipt of the results by the Medical Review Officer
(MRO). MRO consultation with the positive donor, and providing Statistical Summary Reports to CIT~. as required by federal or state laws or
regulations.
f. Maintaining and providing to CITY upon request, for all tests performed under this agreement for which full payment has been received, additional
copies of Statistical Summary Reports and copies of such drug test results.
g. Random drug testing selection services, in accordance with federal guidelines or as otherwise agreed.
2. Obligations of CITY. CITY hereby agrees:
a. To pay FLEETSCREEN for services rendered by FLEETSCREEN or any service providers contracted by FLEETSCREEN under
the terms of this agreement.
b. To provide FLEETSCREEN with the names and addresses for delivery of specimen collection kits, if CITY provides its own
collection sites.
c. To provide FLEETSCREEN with the information necessary to provide random drug testing services, if the company elects for such
services by FLEETSCREEN.
d. To complete all required testing, if CITY is federally mandated to test under USDOT drug testing regulations. CITY understands
that all random testing must be completed by the end of each selection cycle and releases FLEETSCREEN from CITY'S failure to
complete such required testing.
3. Term. This agreement shall begin on October 1, 2003 and shall continue for the initial term of 1 year(s) and shall automatically renew for one (1) year
terms unless terminated at any time during the initial or a renewal term upon sixty (60) days writte~ notice by either party.
4. Exclusive Agreement. CITY agrees that during the term of this Agreement all of City's drug testing will be coordinated by FLEETSCREEN and
performed pursuant to this Agreement.
5. Payment Terms. CITY will pay all fees required under this agreement within thirty (30) days after the date of the invoice covering such fees. CITY
agrees to pay interest at the lesser of one percent (1%) per month or the highest rate allowable by law for any amounts not paid within 30 days.
6. Fees. CITY will pay the fees opposite the marked box in accordance with this Agreement.
{ X } DOT and NON-DOT Drug Test
(X) Random Selection Management
$39.00 includes collection, lab ad MRO
$30.00 per group managed, plus $1.00 per employee data entry fee
CITY agrees to pay any miscellaneous fees in accordance with any prices published by FLEETSCREEN from time to time for any
additional services not covered by this Agreement.
FLEETSCREEN and CITY agree that the fees listed above shall not be changed during the initial term of this Agreement unless
the CITY selects alternate collection facilities with fee increases above the standard rate negotiated by FLEETSCREEN.
FLEETSCREEN will notify CITY of any increase related to collection fees within thirty (30) days.
7. Test Result Information. CITY agrees that FLEETSCREEN is the sole entity designating the MRO for CITY and hereby authorizes FLEETSCREEN to
designate the MRO to the laboratory performing the drug testing. CITY agrees to adhere to all published regulations of the DOT regarding confidentiality of
the drug and alcohol testing results as well as any state or federal laws regarding confidentiality. FLEETSCREEN will only deliver test results directly to the
Designated Employee Representative. FLEETSCREEN shall not be responsible for any communications that are not received by the CITY due to a change in
the Designated Employee Representative that was not communicated to FLEETSCREEN.
8. Indemnification: CITY hereby agrees to indemnify FLEETSCREEN and FLEETSCREEN'S controlling persons, officers, directors, employees and
agents (individually, a FLEETSCREEN Indemnified Party") and to hold FLEETSCREEN and each FLEETSCREEN Indemnified Party harmless from and
against any cost, losses, claims, liabilities, fines, penalties, damages and expenses, including reasonable attorneys' and accountants fees, including those
arising from acts or omissions which may constitute negligence, (collectively the Claim(s), arising out of or resulting from:
a. Any failure or alleged failure by CITY (or any of its officers, directors, employees or agents) to carry out any responsibility assigned to or
assumed by it under this Agreement; or
b. Any Claim made by CITY or any other person or entity against FLEETSCREEN or a FLEETSCREEN Indemnified Party based on CITY'S
performance or failure to perform its obligations under this Agreement.
FLEETSCREEN hereby agrees to indemnify CITY and CITY'S controlling persons, officers, directors, employees and agents (individually, a CITY
Indemnified Party) and to hold CITY and each CITY Indemnified Party harmless from and against any costs, losses, claims, liabilities, fines, penalties,
damages, and expenses, including reasonable attorney's and accountant's fees, including those arising from acts of omissions which may constitute
negligence arising from:
c. Any failure or any alleged failure by FLEETSCREEN (or any of its officers, directors or employees) to carry out any responsibility assigned
to or assumed by it under this Agreement.
d. Any claim made by FLEETSCREEN or any other person or entity against CITY or a CITY Indemnified Party based on FLEETSCREEN'S
performance or failure to perform its obligations under this Agreement.
9. Notice. Any notice, other than test results, required or permitted by any party to this agreement shall be in writing and may be delivered personally to the
party being given notice or to the person in charge of the office of the party being given notice or by mail or telecopy, at the party's address indicated below,
and any notice will be effective upon delivery in case of personal delivery, delivery by regular mail or by telecopy, and upon deposit in the mail in the case of
delivery by certified or registered mail, return receipt requested, postage prepaid.
10. Governing Law. The Agreement shall be construed in accordance with the laws of the State of Texas, without giving effect to conflict of laws.
11. Terminology. The headings in this Agreement are solely for the convenience of reference and shall be given no effect in the construction or interpretation
of this Agreement. Wherever required by context, any gender shall include any other gender, the singular shall include the plural and the plural shall include
the singular.
12. Amendment. This Agreement, including any provisions hereof, may be amended only by written agreement executed by all parties to this Agreement.
13. Parties. This Agreement shall be binding upon and inure solely to the benefit of the parties hereto, and their respective successors, legal representatives,
heirs, and permitted assigns, and no other person shall have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement
or any provision contained herein.
14. Severability. To the extent that any provision herein is inconsistent with or in violation of any applicable law, rule or regulation, such provision shall be
deemed modified so as to comply with such applicable law, rule or regulation, and shall not otherwise affect any other provisions of this Agreement.
15. Advise of Counsel. Each of the parties agrees and represents that such party has been represented by each party's own separate counsel with regard to the
execution of this Agreement or that, if acting without counsel, that such party has had adequate opportunity and understands the importance to such party's
interest in obtaining the advise of such party's own separate counsel prior to the execution of this Agreement and has knowingly and freely waived the right
to obtain advise of such party's own separate counsel.
16. Corporate and Partnership Authority. Each individual executing this Agreement on behalf of a corporation or parmership individually represents and
warrants that he/she is duly authorized to execute and deliver this Agreement on behalf of the corporation or parmership in accordance with the articles of
incorporation, bylaws, and if required, a duly adopted resolution of the Board of Directors of the corporation, or the partnership agreement of the partnership;
and that this Agreement is binding upon the corporation or parmership in accordance with its terms.
17. Performance of Contract. Any an all payments under the terms of this Agreement are to be made in Tarrant County, Texas.
18. Entire Agreement. This Agreement and any addenda, exhibits and attachments which are attached hereto constitute the entire, full and complete
agreement between the parties hereto concerning the subject matter hereof, and supersede all prior agreements, no other representations having induce the
parties to execute this Agreement. No representations, inducements, promises or agreements, oral or otherwise, not embodied herein or attached hereto were
made by any party, and none shall be of any force or effect with reference to this Agreement.
EXECUTED on the date or dates below written and effective on the latest date.
FLEETSCREEN, LTD.
2501 PARKVIEW DRIVE, SUITE 610
BY:/~/,~.~t ~/~t. '~.~-~ ~4-~~
J l~e~{h~n~fi.~I~ns ~o~e~'~l Partner
CITYNAME: City of Salina
ADDRESS: 300 W. Ash, Room 200
CITY/STATE/ZIP: Salina, KS 67401
DATE: 08-21-2003
B Y: '~~ ~~
TITLE: Deputy City Manager
Michael W. Morgan