No preview available
Contract 2024-097ADRUG TESTING AGREEMENT THIS AGREEMENT, made and entered into this I st day of November 2024 by and between TO"fAL COMPLIANCE NETWORK, INC. ("TCN'i, a Florida Corporation, whose address is 5646 W. Atlantic Blvd., Margate, EL 33063 and City of Clermont (Client): whose address is 685 West Montrose Street Clermont Florida 34711 . WITNESETH: WHEREAS, TCN is engaged m a corporation providing services related to the public, to wit: providing drug and alcohol testing and other services relating thereto; and WHEREr1S. Client desires to utilize the services of TCN to assist in administering and managing drug -testing; NOW, THEREFORE, in consideration of the mutual covenants herein, it is agreed as follows: Duties of TCN: , I . DraL and Alcohol Testim,IServices: A. TCN agrees to provide Client with the drug and alcohol testing as indicated below: 3s 5 panel (Opiate, TH.C, PCP, Cocaine., Amphetamine) X_ State Point of Care 9 panel X _ Federal flair X 3.0 panel Forensic Other _2„_Blood Alcohol (done on request) 14IR0 Services Only M 2. Coin 7�; _._...._.... `A Client agrees to pay TCN the following fits for the applicable services indicated in paragraph 1: Drug Tuts $ 20.00 FL 10 Panel, and/or Blood Ale, per specimen $ 22.00 DOT 5 Panel per specimen -third party collection site fees are not included in this fee. Fees above are for Lab Test, MRO Review, DOT Clearinghouse and Record Retention B. TCN invoices on approximately the lost day of the month: TCN assesses a late f'ce plus a 1.5% per month finance change on all accounts more than 30 (thirty) days overdue. C. i_n the event that. TCN's cost for the selected testing services incnvascs, TCN shalt have the tight to acliust its fees accordingly with 30 (thirty) days written notification. D. Pee based upon Collection Site charge. Individual collection site few subject to change upon location and/or site price increase. 3. Secure Fax, Secure E-mail. Internet or Telephone Access of Test Results The Client will he able to access certain drug and alcohol test. results through the. Internet, Secure Fax, Secure E-mail and a Telephone Voice Response Result System. In order to protect the confidentiality of these results in compliance with applicable law, stx;urity access codes will be assigned to the Client designated contact people, if the reporting method chose, requires it, and, in the case of a positive or otherwise questionable test result, the Client will be inforned to contact TCN's offices: The Client will also be able to download his'herfits list of employees to TCN so random drug test reports can be generated for both the Federal Department of Transportation ("DOT") and the State of Florida's Drug Free workplace: Program. Clients will be able to access this list monthly or quarterly, as determined by TCN, in order to ensure it is up io-date. Secm ity safeguards, which will include the use of security codes for access to the database, will be established so that the employee list cannot he tampered with and,or employee names removed in an unauthorized manner. The Client shall ensure that the security access codes provided by TCN are maintained in such a manner as to preclude unauthorized persons from obtaining them. The Client shall thtsure that Secure Fax numbers and Secure E-mail addresses are maintained in such a manner to preclude unauthorized persons from obtaining drug and'or alcohol test results. TCN shall not be liable in the event that information is obtained, modified. deleted andr`ctr otherwise tampered with by the Client, his'her. its employees or agents, or by anyone other than TCN employees. 4, Terin of Agreement: . A. Except in the case of earlier termination, the tern of this Agreement shall be effective as (if the date listed above. H. This Agrem•rrrent may be renewable with the mutual agreement of the parties. C. This Agreement shall be subject to cancellation by either party hereto by written notice sent pursuant to paragraph I 1 herein with sixty (60) flays advanced notice. 5. Waiver of Breach - The. waiver of TCN of a breach of any provision of this Agreement by Client shall not operate or be construed as a waiver of any subsequent breach of it by either party. 6. dies: This Agreement shall be binding upon, and. shall inure to the benefit of, each of the parties hereto and their respective successors and guarantors. Remedies In the evou that legal action is required for damages for breach of this Agreement, the prevailing party shall be entitled to all expenses of litigation, collection costs and attomey's Pets. . 8, Severability: In the event that any provision (or any portion of any provision) of this Agreement shall he held to be void or unenforceable, the remainingprovisions of this Agreement and or the remaining portion of any provision held void or unenforceable in part only, shall continue m full force and effect. 9. Construction: Where appropriate herein .the reference to the masculine gender shall include the feminine and neuter; the singular shall include the plural and the singular, in each case as tlac context may require. 10Read'rns=s: Any headings preceding the text of the several paragraphs hereof are inserted solely for the convenience of reference and shall not constitute a parr. of this Agreement, norshall they affect its meaning, construction or eflbct. It- Notices: Unless otherwise provided for hereirt, any notice, demand, offer or other written instrument required or pannitted to be given, made.or sent under this Agreement, sinttl fie in writing, signed b�, the party giving car making it, and shall be sent Certified Mail Kchtm. 12. Governins_ Law: This Agreement shall he subject to and governs by the laws of the State of Florida. Venue for any court proceeding hereunder shall be Brow arti County, Florida. I3. M[iseellancoas: A This Agreement constitutes the entire agreement between the parties hereto and contains all of the agreements between said partrwith respect to the subicet matter hereof. It may not be changod orally but only by an Agreement in writing signed by the partiesAgainst whom enforcement of any waiver, change, modification, extension or discharge is sou ;ht Further, this Agrccmt-.nt supersedm es any and all other agreements, either oral or in writing, between the parties hercio, with respect to the sub Let matter hereof, B. This Agreement may be amended or revoked at any time by a written agreement executed by tie patties hereto pursuant to the applicable paragraphs contained herein. C. This Agreement may be executed in any number of copies, each of which shall be domned an original. 14. Hold -Harmless /Disclairricy.: A. Client agrees'''to held TCN harmless and indemnify it for all damages, costs and attorney's fees that may arise out of any litigation in connection with testing services requested, whether by the employee, employer and/or any other person directly or indirectly affected as a result of any action taken in conjunction with the services of TCN, including any penalties, damage or fines incurred by the Client or TCN.as a result of misuse or failure to follow proper guidelines in any drug free workplace program procedures and paperwork, whether supplied by TCN or not. TCN is only responsible for accurately and properly reporting of test results ordered to the contact person. TCN is not responsible for laboratory errors or any other errors by anyone other than employees of TCN. '^ B. TCN is not a law firm or clinical laboratory. TCN acts only as a coordinator/facilitator on Client's behalf. TCN strongly urges Client to seek the advice of legal counsel prior to implementing TCN's programs or advice. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first written above. TOTA PLIANCE NETWORK, INC. CLIEN"I } OWNER/OFFICER SIG&ITURE DATE PRINT NAME ee DATE - DRUG AND/OR ALCOHOL RESULTS REPORTING OPTIONS CHOSEN: (PLACE AN "X" AND INITIAL) TELEPHONE SECURE FAX { Initials Initials Secure Fax Number TELPEHONE VOICE REPONSE UNIT WEBSITE SECURE E-MAIL Initials Initials Initials DESIGNATED CONTACTS FOR DRUG AND/OR ALCOHOL TEST RESULTS: CONTACT #1 PHONE SECURE E-MAIL ADDRESS CONTACT #2 PHONE SECURE E-MAIL ADDRESS W ACCOUNTS PAYABLE CONTACT: (INVOICES WILL BE EMAILED OR FAXED) CONTACT SECURE E-MAIL ADDRESS OR SECURE FAX A