8913 - Contract Executed
DocuSign Transmittal Coversheet
File Name
Purchasing Contact
Docusign Envelope ID: 53C28D4D-4633-4441-81AE-51AA25DA33C5
8913 - Out-of-State Drug Screening
Christina Dormady
WORKPLACE TESTING SERVICES AGREEMENT – SIGNATURE PAGE
ESCREEN, INC. 8140 WARD PARKWAY, SUITE 300, KANSAS CITY, MISSOURI 64114
Page 1 of 19
eScreen reserves the right to revise terms and/or fees if this Agreement is not executed within 90 days
City of Denton. End User Agreement. 11.06.25 FINAL
Customer Name City of Denton
Customer Legal Entity City of Denton
Address 901 B Texas Street
City, State, ZIP Denton, TX 76209
Effective Date:
Initial Term: Three (3) years from the Effective Date
Customer identified above (“Customer”) and eScreen, Inc., a Delaware corporation (“eScreen”), enter into this Workplace Testing Services Agreement
including this Signature Page, the General Terms and Conditions and Exhibits, Services Exhibit(s), and Addendum(s), all as identified below, and as may be
mutually amended or added in writing on one or more occasion by Customer and eScreen (collectively, the “Agreement”), and, by signing below through
their duly authorized representatives, eScreen and Customer agree to be legally bound by the Agreement as of the Effective Date (set forth above). Customer
and eScreen are each a “Party,” and collectively the “Parties.”
AGREEMENT (included in Agreement at time of signing if box is checked )
GENERAL TERMS AND CONDITIONS AND EXHIBITS
General Terms and Conditions
ADR Exhibit
Authorization for Conversion
SERVICES EXHIBIT(S)
Substance Abuse Testing and Occupational Health Services Exhibit
ADDENDUM(S)
Data Integration Addendum
Notice. Any notices required or permitted under this Agreement shall be in writing, shall refer specifically to this Agreement, and shall be sent by recognized
national or international overnight courier or registered or certified mail, postage prepaid, return receipt requested, or delivered by hand to the below
addresses for the applicable recipient. Notices under this Agreement will be deemed to be duly given: (a) when delivered by hand; (b) two days after deposit
with a recognized national or international courier; or (c) on the delivery date indicated in the return receipt for registered or certified mail. A Party may
change its contact information immediately upon written notice to the other Party in the manner provided in this section.
If to eScreen: If to Customer: To the address set forth above.
eScreen, Inc. City of Denton
8140 Ward Parkway, Suite 300 215 E. McKinney Street
Kansas City, MO 64114 Denton, TX 76201
Attn: Vice President, US Workplace Solutions Attn: Megan Gilbreath
With a copy to:
Abbott Rapid and Molecular Diagnostics Legal Operations
Dept. #/J55/6133
100 Abbott Park Road
Abbott Park, Illinois 60064 USA
Attn: DVP and Associate General Counsel, RMDx Legal
[Signature page follows]
Docusign Envelope ID: 53C28D4D-4633-4441-81AE-51AA25DA33C5
WORKPLACE TESTING SERVICES AGREEMENT – SIGNATURE PAGE
ESCREEN, INC. 8140 WARD PARKWAY, SUITE 300, KANSAS CITY, MISSOURI 64114
Page 2 of 19
eScreen reserves the right to revise terms and/or fees if this Agreement is not executed within 90 days
City of Denton. End User Agreement. 11.06.25 FINAL
Each of eScreen and Customer has caused this Agreement to be executed by its duly authorized representative.
ESCREEN, INC. CITY OF DENTON
Signature: Signature:
Printed Name: Printed Name:
Title:
Title:
[END OF WORKPLACE TESTING SERVICES AGREEMENT – SIGNATURE PAGE]
Docusign Envelope ID: 53C28D4D-4633-4441-81AE-51AA25DA33C5
Elizabeth Johnston-Owens
DVP, US Workplace Solutions HR Director
Megan GilbreathChristina Dormady
Buyer
WORKPLACE TESTING SERVICES AGREEMENT – GENERAL TERMS AND CONDITIONS
ESCREEN, INC. 8140 WARD PARKWAY, SUITE 300, KANSAS CITY, MISSOURI 64114
Page 3 of 19
eScreen reserves the right to revise terms and/or fees if this Agreement is not executed within 90 days
City of Denton. End User Agreement. 11.06.25 FINAL
1. Services. eScreen shall provide or arrange certain workplace testing products and services described in the applicable Services Exhibit(s) checked
on the Signature Page to this Agreement or later added by mutual written agreement of the Parties (collectively, “Services”) ordered on one or more occasion
by or through Customer. eScreen is permitted to use Service Providers (defined below) to provide some or all of the Services under this Agreement. eScreen
is permitted to modify or discontinue Services if required under applicable Law (defined below) as determined by eScreen in its sole discretion. Additional
terms and conditions governing the provision of Services are set forth in the applicable Services Exhibit(s) and Addendum(s) checked on the Signature Page
to this Agreement. Service level commitments and terms and conditions thereto are set forth in the Service Levels Exhibit.
2. Exclusivity. Customer shall procure Services, or services substantially similar thereto, only from eScreen during the Term.
3. Fees.
3.1 Customer shall pay eScreen the fees set forth in the applicable Services Exhibit(s) as remuneration for the Services (“Fees”). Customer shall pay
all eScreen invoices in full thirty (30) days from the receipt of invoice. eScreen is permitted to charge past due balances a service charge of one and one-half
percent (1.5%) per month (or the highest rate allowed by law, if lower than one and one-half percent (1.5%) per month). If Customer is tax exempt,
Customer must provide a tax-exempt certification to eScreen. eScreen shall have the right to setoff or recoup any debt owing by eScreen to Customer against
any claim eScreen might have against Customer. Customer shall provide eScreen and its designated representatives with all materials, documents, and other
information reasonably requested by eScreen on one or more occasion(s) to enable eScreen to audit Customer’s use of the Services for purposes of
determining fees owed by Customer and Customer’s compliance with its other obligations hereunder.
3.2 eScreen is permitted to raise its then current fees for services described in Substance Abuse and Occupational Health Testing Services Exhibit - A
once each calendar year following the first anniversary of the Effective Date, upon sixty (60) days’ prior written notice to Customer, provided such increases
shall not occur more than once every twelve (12) months thereafter.
3.3 Customer shall pay MRO Service fee for all Participants, not only those Participants with a Laboratory-confirmed non-negative test result.
Additional charges may be added to the MRO Service fee if MRO requests additional testing.
3.4 eScreen may, but shall not be obligated to, grant credit terms to Customer. In the event eScreen does grant Customer credit terms, eScreen
reserves the right to re-evaluate such credit terms and to deny, change or limit the amount or duration of credit to be allowed Customer based on Customer’s
payment history and/or financial position (including requiring prepayment if Customer does not make timely payments in accordance with credit terms).
Any changes to credit terms and/or any withholding or delay of delivery of Services by eScreen resulting from such changes or credit limitations will not be
construed as a cancellation or breach of this Agreement by eScreen. eScreen agrees to provide at least thirty (30) days’ notice of any such change to credit
terms or of its intent to withhold or delay delivery of Services and shall provide Customer with an opportunity to cure any violation of credit terms within
such thirty (30) day period to avoid withholding or delay of Services. Customer agrees to provide eScreen with such financial statements and other evidence
of corporate and financial standing as eScreen may reasonably request from time to time during the Term to evaluate Customer’s credit risk.
4. Term. This Agreement is effective on the Effective Date and will continue until the later of the expiration of the Initial Term set forth on the
Signature Page or the expiration of the Service Dates, if any, set forth in a Services Exhibit(s) that is part of this Agreement (“Initial Term”) or applicable
Renewal Term (defined below). The Agreement will automatically renew at the expiration of the Initial Term for successive 1-year periods (each, a “Renewal
Term”) unless either Party provides written notice to the other party of its intent to not renew this Agreement at least 60 days prior to the end of the Initial
Term or then applicable Renewal Term. The Initial Term and Renewal Term are referred to collectively as the “Term”. The Customer shall have the right to
terminate this Agreement without cause upon thirty (30) calendar days’ prior written notice.
5. Termination.
5.1. Either Party may terminate this Agreement immediately upon written notice to the other Party in the event of any of the following: (a) a material
breach by the other Party of any provision of this Agreement that remains uncured 30 days following receipt of notice of such breach from the non-breaching
Party; or (b) the other Party is dissolved, liquidated, put into receivership, makes an assignment for the benefit of creditors or files or suffers the filing of a
petition in bankruptcy.
5.2. eScreen is permitted to terminate this Agreement (a) immediately upon written notice to Customer if Customer breaches its obligations set forth
in Sections 2 and/or 3 of the General Terms and Conditions, and (b) without cause upon 60 days written notice to Customer.
5.3. Upon written request at the expiration or termination of this Agreement, each Party, at its sole cost and expense, shall return to the other Party
(or destroy and certify to such destruction of), all Confidential Information (defined below) of the other Party, in whatever form disclosed by the other Party.
5.4. Termination or expiration of this Agreement shall not affect any rights or obligations which have accrued prior to the date of termination or
expiration, as applicable, or any other rights or remedies provided at law or equity which either Party may otherwise have.
5.5 eScreen acknowledges and agrees that the awarding or continuation of this Contract is dependent upon the availability of funding. Customer’s
payment obligations are payable only and solely from funds appropriated and available for this Contract. The absence of appropriated or other lawfully
available funds shall render the Contract null and void to the extent funds are not appropriated or available and any deliverables delivered but unpaid shall
be returned to eScreen. Customer will not incur a debt or obligation to pay eScreen any amounts Customer does not have the current funds available to pay.
6. Intellectual Property.
Docusign Envelope ID: 53C28D4D-4633-4441-81AE-51AA25DA33C5
WORKPLACE TESTING SERVICES AGREEMENT – GENERAL TERMS AND CONDITIONS
ESCREEN, INC. 8140 WARD PARKWAY, SUITE 300, KANSAS CITY, MISSOURI 64114
Page 4 of 19
eScreen reserves the right to revise terms and/or fees if this Agreement is not executed within 90 days
City of Denton. End User Agreement. 11.06.25 FINAL
6.1. The right, title and interest to the Services, including, without limitation, any trademarks and logos of eScreen, and Intellectual Property Rights
(defined below) of eScreen shall be the exclusive property of eScreen or its Affiliates or third parties from whom eScreen has secured the right to use the
same. “Intellectual Property Rights” means all inventions, patents, patent applications, copyrights (including the right to use, reproduce, modify, distribute,
publicly display, create derivative works from, and publicly perform the copyrighted work), trade secrets, trade dress, trademarks (including service mark,
trade dress, trade names), rights of exploitation, authorship rights, rights of privacy, goodwill, trade identities, know-how, intellectual property, shop rights,
moral rights, internet domain names, and other intangible proprietary or property rights, whether or not patentable, and any and all applications for, and
extensions, divisions, and reissuances of, any of the foregoing, and rights therein, whether arising by statute or common law, existing now or in the future,
in any state, country or other jurisdiction.
6.2. Subject to, and in accordance with, the terms and conditions of this Agreement, eScreen hereby grants to Customer a limited, non-exclusive, non-
transferable, non-sublicensable, and terminable license for the Term to use eScreen Intellectual Property Rights in the United States solely as determined
by eScreen in its discretion for purposes of Customer’s use of the Services.
6.3. All suggestions, enhancements, requests, feedback, recommendations or other input provided by Customer relating to the Services and/or
Provided Items shall be owned by eScreen. eScreen reserves all Intellectual Property Rights related to the Services not otherwise expressly granted to
Customer.
7. Aggregate Data. Notwithstanding anything to the contrary contained herein, to the extent permitted by law, eScreen reserves the right to use
Aggregate Data (defined below) for any lawful purpose, but in no event shall eScreen use such data in a manner that identifies Participant (defined below)
or Customer.
8. Provided Items. All Provided Items are the sole property of eScreen. Customer disclaims any rights to the Provided Items and will not assert any
claim, copyright, patent or otherwise, to their use, development or production. Customer will use the Provided Items solely for the Services in accordance
with the terms of this Agreement and the applicable Service Exhibit(s) and not provide them to any Third Party without eScreen’s prior written consent.
Customer will not, and will not allow any Third Party to, place any lien or encumbrance on any Provided Items. Upon completion of the Services, expiration
or termination of this Agreement or at eScreen’s request, Customer will return or destroy Provided Items in accordance with eScreen’s instructions and
applicable requirements governing the shipment or destruction of such Provided Items.
9. Software Platform. Subject to the terms of this Agreement, during the Term, eScreen grants Customer a limited, revocable, non-perpetual,
personal, nonexclusive, nontransferable, non-sublicensable, non-assignable right to access the Software Platform in the United States solely to the extent
necessary to use or receive the Services.
9.1 Customer shall comply with the eScreen Software Platform End User License Agreement, the most current copy of which is available at Terms of
Use (myescreen.com).
9.2 City is subject to constitutional and statutory limitations on its ability to enter into certain terms and conditions of the Agreement, which may
include those terms and conditions relating to: liens on City property; disclaimers and limitations of warranties; disclaimers and limitation of liability for
damages; waivers, disclaimers, and limitation on litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorney’s
fees; dispute resolution; and indemnities. Terms and conditions relating to these limitations will not be binding on City, except to the extent not prohibited
by the Constitution and the laws of the State of Texas.
9.3 Customer agrees to use the Software Platform and Services solely in accordance with the terms of this Agreement for its own use and not for
resale, sublicensing, promotional or other use.
9.4 The Software Platform is owned by eScreen, its affiliates or their respective licensors and is protected by copyright laws of the United States, by
laws of other nations, and by international copyright treaties. The Software Platform is licensed in accordance with the terms of this Agreement and not
sold. The use of the Software Platform in any way, including the removal or alteration of advertising, except as may be expressly permitted under the
limited grant of rights hereunder, is strictly prohibited.
9.5 Customer shall not copy, modify or adapt the object code or other code of the Software Platform, or reverse engineer, disassemble, decompile,
reverse assemble, modify or attempt to discover any source code of the Software Platform. The Software Platform is provided as a single product and may
contain or rely on components that are owned by third parties and have been licensed to Customer for distribution within the Software Platform. Customer
shall not separate the Software Platform’s component parts for use, nor use any Third Party components in any way whatsoever other than through
Customer’s authorized use of the Software Platform as a single integrated application.
9.1. Customer shall not, without the express written consent of eScreen, modify, delete or otherwise alter the Software Platform functions, tools,
devices, agents, scripts, robots or other means, devices, mechanisms, watermarks, digital marks, fingerprints, or processes (including, but not limited to,
robots, avatars or intelligent agents) associated with the functioning of the Software Platform.
9.2. If Customer creates a user account to access the Software Platform, eScreen disclaims responsibility for all activities of any user that occur under
such user account and password, if any. Any such user must be a representative, and Customer agrees that it will not sell, transfer, loan or assign their user
accounts or cause or permit any other person to use such user account other than Customer or a Customer representative. Customer is solely responsible
for any and all use under such user account.
Docusign Envelope ID: 53C28D4D-4633-4441-81AE-51AA25DA33C5
WORKPLACE TESTING SERVICES AGREEMENT – GENERAL TERMS AND CONDITIONS
ESCREEN, INC. 8140 WARD PARKWAY, SUITE 300, KANSAS CITY, MISSOURI 64114
Page 5 of 19
eScreen reserves the right to revise terms and/or fees if this Agreement is not executed within 90 days
City of Denton. End User Agreement. 11.06.25 FINAL
9.3. Customer acknowledges and agrees that all restrictions, terms and conditions set forth in this Agreement as to the Services and Software Platform
(and use thereof) shall apply to Customer’s representatives to the same extent as such are applicable to Customer. Accordingly, Customer shall be liable for
all acts and omissions of its representatives with respect to the Services and Software Platform (and their use thereof) and/or their obligations herein.
Customer shall cause its representatives to comply with the restrictions, terms and conditions under this Agreement to ensure their use is consistent with
and not otherwise in violation of this Agreement.
9.4. In the event eScreen determines substantial data integration services are required to provide Services and integrate with one or more Customer
software platforms, the parties shall complete and execute a Data Integration Addendum, and upon execution, such Addendum will become part of this
Agreement.
10. Representations, Warranties and Covenants.
10.1. Each Party represents, warrants and covenants to the other Party that (a) it has the legal power to enter into this Agreement, (b) it is an entity
duly organized or formed and validly existing and in good standing under the laws of the state of its incorporation or formation, (c) it has the rights and
authorizations necessary to perform its obligations and grant the rights set forth in this Agreement, (d) to the best of its knowledge it does not have any
outstanding agreement or obligation that is in conflict with any of the provisions of this Agreement, or that would preclude it from complying with the
provisions hereof, (e) it is not an Excluded Provider (defined below), and (f) it will not submit claims to, and will not otherwise seek reimbursement or
payment from, any insurance company, health plan or other commercial third party payor, or for Medicaid, Medicare or any government payor, for the
Services or any portion thereof.
10.2. Customer represents, warrants, and covenants that (a) Customer understands and agrees eScreen and Service Providers do not provide advice
or consulting services concerning any workplace substance abuse testing and/or occupational health policy and/or program of any kind (“Testing Programs”)
for any purpose; (b) Customer is not relying on any statement by eScreen, an eScreen Affiliate and/or Service Provider in developing, establishing,
implementing, or managing any Testing Programs; and (c) to the extent applicable Law requires that a licensed physician or other authorized person order
substance abuse testing services, occupational health services and/or any component thereof, unless otherwise agreed in a Service Exhibit, Customer is
solely responsible for arranging for a physician or authorized person to order such services and ensuring such physician or authorized person’s cooperation
with eScreen and/or its Service Providers. eScreen warrants that services performed under this Agreement will be performed in a professional and
workmanlike manner and in accordance with nationally recognized industry standards. Customer shall notify eScreen of any material defect or
nonconformance with respect to services provided by eScreen pursuant to this Agreement within twenty (20) days of reporting completion of the relevant
services by eScreen. If any service does not comply with the representations, warranties and covenants set forth in this Section 10.2, as Customer’s sole and
exclusive remedy, eScreen shall, at its discretion, correct or re-perform the applicable service at no additional expense to Customer.
10.3. DISCLAIMERS AND LIMITATIONS OF LIABILITY. Except as provided in Section 10.3 of the Agreement, the Services and Software Platform are
provided on an "AS IS" basis and eScreen makes no express or implied warranties, representations, or endorsements whatsoever with regard to the Services
or Software Platform. Customer assumes all risk for the suitability and use of the Services, Software Platform and the consequences that flow therefrom
including, without limitation, responsibility for all occupational health- and employment-related determinations related to and/or resulting from the Services
including, without limitation, any action taken against Participants based on test results, and Customer’s compliance with Laws, including Laws Law relating
to Participants.
ESCREEN, ON BEHALF OF ITSELF AND ITS AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. FURTHER, ESCREEN, ON BEHALF OF ITSELF AND ITS AFFILIATES, TO THE FULLEST EXTENT
PERMITTED BY LAW, MAKES NO REPRESENTATION OR WARRANTY, ENDORSEMENT OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) THAT SERVICES OR
SOFTWARE PLATFORMS WILL BE FREE FROM INTERRUPTION OR ERROR-FREE, THAT DEFECTS WILL BE ALWAYS CORRECTED, THAT CUSTOMER’S ACTIVITIES
OR USE OF THE SERVICES AND/OR SOFTWARE PLATFORM COMPLY WITH LAWS, OR THAT THE SERVICES AND/OR SOFTWARE PLATFORM WILL SATISFY
CUSTOMER’S OWN REQUIREMENTS AND OBJECTIVES.
EXCEPT AS OTHERWISE SET FORTH BELOW WITH RESPECT TO DIRECT DAMAGES, IN NO EVENT SHALL ESCREEN, ITS AFFILIATES, SERVICE PROVIDERS OR
THEIR RESPECTIVE AFFILIATES (EACH A “DISCLAIMING PARTY”, COLLECTIVELY, “DISCLAIMING PARTIES”) BE LIABLE TO CUSTOMER OR ANY OF CUSTOMER’S
AFFILIATES FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL
INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES ARISING OUT OF THIS AGREEMENT, THE SERVICES, THE SOFTWARE PLATFORM, OR THE USE OF
OR INABILITY TO USE THE SERVICES AND/OR THE SOFTWARE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT (INCLUDING CLAIMS FOR
INDEMNIFICATION, CONTRIBUTION, OR SUBROGATION), TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT ANY DISCLAIMING PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CUSTOMER’S SOLE REMEDIES UNDER THIS AGREEMENT WILL BE AS SET FORTH IN SECTIONS 1, 9.3, AND 10 OF THE AGREEMENT, AND TO SEEK DIRECT
DAMAGES FROM ESCREEN. CUSTOMER HEREBY WAIVES ALL CLAIMS AGAINST EACH DISCLAIMING PARTY OTHER THAN ESCREEN TO THE FULLEST EXTENT
PERMITTED BY THE LAW. ESCREEN’S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS AND/OR ALL LOSSES RELATED TO, RESULTING FROM OR IN
CONNECTION WITH THE SERVICES, THE PERFORMANCE THEREOF, THE SOFTWARE PLATFORM, AND/OR THIS AGREEMENT SHALL NOT EXCEED THE TOTAL
FEES PAID AND PAYABLE BY CUSTOMER TO ESCREEN FOR THE TWELVE (12)-MONTH PERIOD PRIOR TO THE OCCURRENCE OF THE EVENT GIVING RISE TO
THE CLAIM AND/OR LOSS.
Docusign Envelope ID: 53C28D4D-4633-4441-81AE-51AA25DA33C5
WORKPLACE TESTING SERVICES AGREEMENT – GENERAL TERMS AND CONDITIONS
ESCREEN, INC. 8140 WARD PARKWAY, SUITE 300, KANSAS CITY, MISSOURI 64114
Page 6 of 19
eScreen reserves the right to revise terms and/or fees if this Agreement is not executed within 90 days
City of Denton. End User Agreement. 11.06.25 FINAL
IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMERS, EXCLUSION, OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE,
DISCLAIMING PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. CUSTOMER ACKNOWLEDGES AND AGREES
THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SERVICES WOULD NOT BE PROVIDED TO
CUSTOMER ABSENT SUCH LIMITATIONS.
11. Indemnification.
11.1. eScreen (“Indemnifying Party”) agrees to indemnify and hold harmless the other Party, its Affiliates and each of their directors, officers,
employees, agents, and subcontractors (collectively, “Indemnified Party”) from and against any and all liabilities, losses, proceedings, actions, damages,
claims, or expenses of any kind that result from any claim or right asserted by a Third Party to the extent arising from or relating to: (a) the Indemnifying
Party’s negligence, recklessness, willful, or wanton misconduct; (b) the Indemnifying Party’s breach of this Agreement, including breach of any Customer
representation, warranty, covenant, or obligation hereunder; (c) if any representation, warranty or covenant by eScreen to any Third Party, including
Participants, in connection with the Services (“Indemnifiable Losses”).
11.2. The Indemnified Party shall promptly notify the Indemnifying Party of any potential Indemnifiable Losses subject to indemnification hereunder;
provided, however, that failure to provide such notice shall not relieve the Indemnifying Party of its obligations under this Section, except where, and to the
extent that, the Indemnifying Party is prejudiced by such failure to provide prompt notice. The Indemnifying Party further agrees to defend the Indemnified
Party, at the Indemnified Party’s option and in its sole discretion, from any potential Indemnifiable Losses provided that the Indemnified Party (i) notifies
the Indemnifying Party promptly in writing of the Indemnifiable Losses; (ii) cedes sole control of the defense to the Indemnifying Party; and (iii) provides all
necessary and reasonable assistance in the defense at the Indemnifying Party’s expense. Upon prompt written notice of the potential Indemnifiable Loss,
the Indemnifying Party shall have the right to control the defense, including with counsel selected by the Indemnifying Party and reasonably satisfactory to
the Indemnified Party. The Indemnifying Party shall have the right to settle; provided, that, except with prior written consent of the Indemnified Party (such
consent not to be unreasonably withheld, conditioned, or delayed), the Indemnifying Party shall not enter into any settlement or consent to entry of any
judgment that (i) does not include a full and unconditional release of all Indemnified Parties with respect to such claim; (ii) includes an admission of fault,
culpability, or failure to act by or on behalf of any Indemnified Party; or (iii) includes injunctive or other nonmonetary relief affecting any Indemnified Party.
11.3. eScreen’s indemnification obligations under this Agreement shall survive the expiration or earlier termination of the Agreement for a period of 1
year.
12. Confidential Information. Each Party agrees to (a) protect the other Party’s Confidential Information (defined below) with the same standard
of care it uses to protect its own Confidential Information, but in no event less than reasonable care, and (b) not disclose the Confidential Information of
the other Party, except to employees, officers, Affiliates, representatives, consultants and subcontractors that have a need to know such information.
Confidential Information may only be used to exercise the rights and perform the services and obligations under this Agreement. The term “Confidential
Information” means information of a Party that is not generally available to the public, whether of a technical, business or other nature (including
information relating to a Party’s technology, products or services), including, without limitation, the terms of this Agreement. Confidential Information
does not include any information that: (i)is or was acquired by the recipient from a Third Party and is not subject to an unexpired obligation to such Third
Party restricting use or disclosure thereof, (ii)is independently developed by the recipient without reliance upon or use of any of the Confidential
Information, or (iii)is or has become generally publicly available through no fault or action of the recipient. eScreen acknowledges that the City of Denton
must strictly comply with the Public Information Act, Chapter 552, Texas Government Code in responding to any request for public information related to
this Agreement. This obligation supersedes any conflicting provisions of this Agreement. Any portions of such material claimed by eScreen to be
proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, chapter 552,
and Texas Government Code.
13. Insurance.
13.1. eScreen shall, at its own cost and expense, procure and keep in full force and effect for the Term: (a) commercial general liability insurance, including
products liability and contractual liability, covering liability resulting from bodily injury, property damage, personal injury, and advertising injury; this insurance shall
have a minimum limit of $2,000,000 per occurrence and $2,000,000 in the aggregate; (b) professional/errors and omissions liability insurance with a minimum of
$2,000,000 per claim and $2,000,000 in the aggregate, covering all acts, errors, and omissions; (c) Workers Compensation as required by applicable state statute with
employer liability insurance with a minimum limit of $1,000,000 per occurrence; and (d) Automobile Liability insurance covering any owned, non-owned, and hired
autos used to perform the scope of services with a minimum limit of $1,000,000 per occurrence.
13.2. The above required insurance shall be insured through licensed insurers authorized to do business and on policy forms approved for use in the jurisdiction
of the Agreement and have a minimum A.M. Best financial rating (or equivalent rating agency outside the U.S. if a carrier is not rated by A.M. Best) of “A”, size “IX”.
Unless otherwise stated, the required coverage shall (a) contain a waiver of rights of subrogation against the other Party, including the other Party’s parent company(s),
employees, officers, directors, and affiliates, and (b) with respect to the commercial general liability, workers compensation with employer liability and automobile
liability insurances referenced in Section 13.1 above, include the other Party, the other Party’s parent companies, employees, officers, directors, and affiliates as
additional insureds; and (c) with respect to the commercial general liability, workers compensation with employer liability and automobile liability insurances
referenced in Section 13.1 above be primary and non-contributory to any other insurance available to an additional insured as required herein.
Docusign Envelope ID: 53C28D4D-4633-4441-81AE-51AA25DA33C5
WORKPLACE TESTING SERVICES AGREEMENT – GENERAL TERMS AND CONDITIONS
ESCREEN, INC. 8140 WARD PARKWAY, SUITE 300, KANSAS CITY, MISSOURI 64114
Page 7 of 19
eScreen reserves the right to revise terms and/or fees if this Agreement is not executed within 90 days
City of Denton. End User Agreement. 11.06.25 FINAL
13.3. Each Party shall furnish the other a certificate of insurance signed by an authorized representative of the other Party’s insurer(s) on request. In the event
of any notice or action to cancel, non-renew, or materially change the above required insurance, the impacted Party shall provide the other thirty (30) days advance
notice of such change. The acceptance by either Party of certificates of insurance providing for other or different coverage than herein required to be furnished, shall
in no event be deemed to be a waiver of any provisions of this Agreement. Furthermore, the minimum limits of liability or conditions required in this paragraph do
not in any way limit any indemnity obligation or other liability of the Parties under this Agreement.
13.4. Notwithstanding any requirement or provision of this Agreement to the contrary, eScreen may satisfy and discharge its obligations to procure or
maintain insurance by maintaining self-insurance or a self-funded plan.
14. Governing Law; ADR. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, excluding choice of
law provisions. Any dispute or claim arising out of or in connection to this Agreement shall be resolved by Alternative Dispute Resolution (“ADR”) as set
forth in the ADR Exhibit.
15. Use of Name. Neither Party shall use the other Party’s name or marks or refer to the other Party directly or indirectly in any media release, public
announcement, or public disclosure relating to the Agreement or its subject matter without obtaining the other Party’s prior written consent.
16. Independent Contractor. All work performed by eScreen in connection with the Services described in this Agreement shall be performed by
eScreen as an independent contractor of Customer. Nothing contained herein shall be construed as creating a partnership, joint venture or agency
relationship between the Parties.
17. Force Majeure. Neither party shall be liable for any failure to perform hereunder (other than the payment of money) due to labor strikes,
lockouts, war, terrorist acts, epidemics, fires, floods, natural disasters, water damage, riots, government acts or orders, interruption of transportation,
inability to obtain materials upon reasonable prices or terms, or any other causes beyond its control. In the event of an occurrence under this Section,
eScreen will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and eScreen
continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay.
eScreen shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the
inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance.
18. Survival. All rights and obligations of the Parties that are intended to survive expiration or earlier termination of this Agreement shall survive
such expiration or termination including, without limitation, Sections 8, 9, 10, 12, 14 and 15. Any other provisions of this Agreement contemplated by their
terms to pertain to a period of time following expiration or termination of this Agreement shall survive for such period.
19. Assignment. Customer may not assign or transfer this Agreement without eScreen’s prior written consent, which eScreen shall not withhold
unreasonably. eScreen may assign this Agreement, in whole or in part to any of its Affiliates. eScreen shall provide prompt written notice of assignment to
Customer.
20. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but both of which together shall
constitute one and the same instrument. Each party acknowledges that an original signature, electronically applied signature of a legible copy of either
transmitted electronically in a portable document format (PDF) shall constitute an original signature for purposes of this Agreement.
21. Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to, or shall, confer upon any Third Party any right, benefit,
or remedy of any nature whatsoever under, or by reason of, this Agreement.
22. Modification. This Agreement may not be modified except in a writing signed by authorized representatives of both Parties.
23. Waiver. No course of dealing between the Parties or any delay on the part of either Party in exercising any rights they may have under this
Agreement shall operate as a waiver of any of the rights of the other Party. No express waiver shall affect any condition, covenant, rule, regulation, right or
remedy other than the one specified in such waiver and only for the time and in the manner specifically stated.
24. Entire Agreement. This instrument is intended by the Parties as a final expression of their agreement regarding the Services herein and as a complete
statement of the terms thereof and shall supersede all previous understandings and agreements regarding the subject matter herein. The Parties shall not be bound
by any representation, promise, or inducement made by either Party or agent of either Party that is not set forth in this Agreement. If the terms or conditions
contained in any exhibit or attachment to this Agreement or any document incorporated by reference is in conflict with the terms and conditions set forth in the
Terms and Conditions of this Agreement, the terms and conditions in this Agreement shall control. Any applicable provisions required by federal, state, or local law
are hereby incorporated by reference.
25. Joint Negotiation. This Agreement is the joint product of eScreen and Customer, and each provision hereof has been subject to the mutual
consultation, negotiation, and agreement of the Parties and their respective legal counsel and advisers, and any rule of construction that a document shall
be interpreted or construed against the drafting Party shall not be applicable.
26. Severability. If one or more provisions of this Agreement are held to be unenforceable under applicable Laws, eScreen and Customer shall
renegotiate such provision in good faith, in order to maintain the economic position enjoyed by each Party as close as possible to that under the provision
rendered unenforceable. If eScreen and Customer cannot reach a mutually agreeable and enforceable replacement for such provision, then (i) such provision
shall be excluded from this Agreement, (ii) the balance of this Agreement shall be interpreted as if such provision were so excluded, and (iii) the balance of
the Agreement shall be enforceable in accordance with its terms.
Docusign Envelope ID: 53C28D4D-4633-4441-81AE-51AA25DA33C5
WORKPLACE TESTING SERVICES AGREEMENT – GENERAL TERMS AND CONDITIONS
ESCREEN, INC. 8140 WARD PARKWAY, SUITE 300, KANSAS CITY, MISSOURI 64114
Page 8 of 19
eScreen reserves the right to revise terms and/or fees if this Agreement is not executed within 90 days
City of Denton. End User Agreement. 11.06.25 FINAL
27. Certain Definitions. In addition to the terms in initial capitalized letters defined elsewhere in this Agreement, the following terms have the
meanings set forth below.
27.1. “Affiliates” means any entity that directly or indirectly controls, is controlled by or is under common control with an entity.
27.2. “Aggregate Data” means any data provided by or on behalf of Participant to eScreen in connection with the Agreement that does not include
any individual Participant’s personally identifiable information.
27.3. “DOT” refers to Services regulated by the U.S. Department of Transportation (DOT) or U.S. Department of Health and Human Services, Substance
Abuse Mental Health Services Administration, Department of Health and Human Services (HHS). “Non-DOT” refers to Services not regulated by the DOT or
HHS.
27.4. “eCCF” means the electronic custody and control form for substance abuse testing and/or U.S. Department of Transportation-regulated physical
examinations.
27.5. “Excluded Provider” means a person or entity that either has been convicted of a crime related to health care or, is currently listed by a federal
agency as debarred, excluded or otherwise ineligible for federally-funded programs (including, but not limited to, Medicare and Medicaid).
27.6. “Integration Completion Date” means the date integration work necessary to commence provision of the Services, if any, and agreed to by the
Parties is completed.
27.7. “Laws” means all U.S. federal, state and local laws, statutes and regulations.
27.8. “Participant” means employees and workers designated by Customer to undergo workplace substance abuse testing services and/or occupational
health services as described herein.
27.9. “Provided Items” means any Supplies (defined below), Software Platform, tangible material, equipment or support services that eScreen or its
Affiliates may provide to Customer for use in the Clinic Services.
27.10. “Service Provider” means any Third Party service provider engaged by eScreen to provide the Services, including providers of physician oversight
and support services, laboratory services, sample collection and sample shipment services, and their respective staffs, agents and designees.
27.11. “Software Platform” means the software platforms (including any application program interface(s)) to which eScreen provides access to
Customer and Participants under this Agreement in order for Company to use or receive the Services including, but not limited to, MyeScreen and eScreenGO.
27.12. “Supplies” means the eCCF, collection kits and other supplies for the Services.
27.13. “Third Party” means any person or party other than either or both of the Parties and/or their Affiliates.
[END OF GENERAL TERMS AND CONDITIONS]
Docusign Envelope ID: 53C28D4D-4633-4441-81AE-51AA25DA33C5
WORKPLACE TESTING SERVICES AGREEMENT – ADR EXHIBIT
ESCREEN, INC. 8140 WARD PARKWAY, SUITE 300, KANSAS CITY, MISSOURI 64114
Page 9 of 19
eScreen reserves the right to revise terms and/or fees if this Agreement is not executed within 90 days
City of Denton. End User Agreement. 11.06.25 FINAL
To begin an ADR proceeding, a party shall provide written notice to the other party of the issues to be resolved by ADR. Within fourteen (14) days
after its receipt of notice of ADR, the other party may, by written notice, add additional issues to be resolved. Within twenty-one (21) days
following receipt of the original ADR notice, the Parties shall select a mutually acceptable independent, impartial and conflicts-free neutral to
preside over the proceeding. If the Parties are unable to agree on a mutually acceptable neutral within such period, each party will select one
independent, impartial and conflicts-free neutral and those two neutrals will select a third independent, impartial and conflicts-free neutral within
ten (10) days thereafter. None of the neutrals selected may be current or former employees, officers or directors of either party or its subsidiaries
or affiliates. The Parties shall convene in a location mutually agreed upon to conduct a hearing before the neutral no later than fifty-six (56) days
after selection of the neutral (unless otherwise agreed upon by the Parties).
The ADR process shall include a pre-hearing exchange of exhibits and summary of witness testimony upon which each party is relying, proposed
rulings and remedies on each issue, and a brief in support of each party’s proposed rulings and remedies not to exceed twenty (20) pages. The
pre-hearing exchange must be completed no later than ten (10) days prior to the hearing date. Any disputes relating to the pre-hearing exchange
shall be resolved by the neutral. No discovery shall be permitted by any means, including depositions, interrogatories, requests for admissions,
or production of documents.
The hearing shall be conducted on two (2) consecutive days, with each party entitled to five (5) hours of hearing time to present its case, including
cross-examination. The neutral shall adopt in its entirety the proposed ruling and remedy of one of the Parties on each disputed issue but may
adopt one party’s proposed rulings and remedies on some issues and the other party’s proposed rulings and remedies on other issues. The neutral
shall rule within fourteen (14) days of the hearing, shall not issue any written opinion, and shall not refer any portion of the dispute to mediation
without the Parties prior, written consent. The rulings of the neutral shall be binding, and non-appealable and may be entered as a final judgment
in any court having jurisdiction. The neutral(s) shall be paid a reasonable fee plus expenses. These fees and expenses, along with the reasonable
legal fees and expenses of the prevailing party (including all expert witness fees and expenses), the fees and expenses of a court reporter, and
any expenses for a hearing room, shall be paid as follows:
(a) If the neutral(s) rule(s) in favor of one party on all disputed issues in the ADR, the losing party shall pay 100% of such fees and expenses.
(b) If the neutral(s) rule(s) in favor of one party on some issues and the other party on other issues, the neutral(s) shall issue with the rulings
a written determination as to how such fees and expenses shall be allocated between the parties. The neutral(s) shall allocate fees and
expenses in a way that bears a reasonable relationship to the outcome of the ADR, with the party prevailing on more issues, or on issues
of greater value or gravity, recovering a relatively larger share of its legal fees and expenses.
[END OF ADR EXHIBIT]
Docusign Envelope ID: 53C28D4D-4633-4441-81AE-51AA25DA33C5
WORKPLACE TESTING SERVICES AGREEMENT – EXHIBIT A – SUBSTANCE ABUSE TESTING
AND OCCUPATIONAL HEALTH SERVICES
ESCREEN, INC. 8140 WARD PARKWAY, SUITE 300, KANSAS CITY, MISSOURI 64114
Page 10 of 19
eScreen reserves the right to revise terms and/or fees if this Agreement is not executed within 90 days
City of Denton. End User Agreement. 11.06.25 FINAL
SUBSTANCE ABUSE TESTING AND OCCUPATIONAL HEALTH SERVICES:
eScreen shall provide or arrange certain services for Customer seeking to perform workplace substance testing for Participants as part of such
Customer’s workplace substance abuse testing program (the “Substance Abuse Testing Program”). Specifically, eScreen shall provide or arrange
the following services (collectively, “Substance Abuse Testing and Occupational Health Services”) as requested by Customer:
Collection and initial screening of specimens from Participant.
Confirmatory testing of non-negative specimens by gas chromatography/mass spectrometry or liquid chromatography tandem mass
spectrometry by laboratory (“Laboratory”).
Medical Review Officer (“MRO”) and “Data Management” services review of Laboratory-confirmed non-negative test results.
Provide Customer designated personnel with access to some or all of the following Software Platforms for purposes of accessing the
Substance Abuse Testing Services described herein as determined in eScreen’s sole discretion:
o MyeScreen
o eScreenGO
eScreen shall provide or arrange certain services for Customer seeking to perform workplace substance testing for Participants as part of
Customer’s occupational health Testing Program.
Report substance abuse test results to Customer.
Customer shall use best efforts to order or cause to be ordered services using an eScreen scheduling platform (e.g., MyeScreen) or, if applicable,
a software platform integrated with such eScreen scheduling platform. If Customer fails to schedule any Substance Abuse Testing and/or
Occupational Health Services within ninety (90) days of the Effective Date of this Agreement, Customer will be subject to a monthly maintenance
fee (the “Maintenance Fee”) of $2,000 payable in full thirty (30) days from the date of invoice. Customer will be invoiced every month until
services are ordered and Substance Abuse Testing and/or Occupational Health Services occur.
Customer acknowledges and agrees it has read and understands that eScreen’s obligations, covenants, representations, and warranties are
limited by the following disclaimers:
Service offering (DOT-“lookalike” testing) and (DOT-regulated laboratory-based urine drug testing) will be performed in accordance with DOT
regulations and/or guidelines. Except as provided in the immediately preceding sentence, eScreen makes no express or implied warranties,
representations or endorsements whatsoever with regard to whether Substance Abuse Testing Services will be performed in accordance with
DOT and/or DOT agency regulations and/or guidelines.
Service offering (DOT Physical Examination) will be performed in accordance with DOT regulations and/or guidelines. Except as provided in the
immediately preceding sentence, eScreen makes no express or implied warranties, representations or endorsements whatsoever with regard to
whether occupational health services will be performed in accordance with DOT and/or DOT agency regulations and/or guidelines.
Docusign Envelope ID: 53C28D4D-4633-4441-81AE-51AA25DA33C5
WORKPLACE TESTING SERVICES AGREEMENT – EXHIBIT A – SUBSTANCE ABUSE TESTING
AND OCCUPATIONAL HEALTH SERVICES
ESCREEN, INC. 8140 WARD PARKWAY, SUITE 300, KANSAS CITY, MISSOURI 64114
Page 11 of 19
eScreen reserves the right to revise terms and/or fees if this Agreement is not executed within 90 days
City of Denton. End User Agreement. 11.06.25 FINAL
TABLE I
Employer-
Collect
eScreen Network
Per
Test
In Network
Tier 1
In Network
Tier 2
Out of
Network
Instrumented Point of Collection Testing
eScreen Instrumented Point of Collection Test (“POCT”), utilizing testing
devices such as eCup+, xCup™ and other similar devices (or conversion to
equivalent lab panel).
Available analytes are Amphetamines, Methamphetamine, Cocaine,
Cannabinoids (THC), Opiates, Phencyclidine (PCP), Barbiturates,
Benzodiazepines, Methadone, 6-AM (Heroin), MDMA (Ecstasy), Oxycodone
Includes Results Reporting Data Management
Excludes Medical Review Officer Services
1-5 Standard Panel Configurations (Any 1-5 analytes listed above) - $36.00 $40.00 $66.00
6-9 Standard Panel Configurations (Any 6-9 analytes listed above) - $37.00 $41.00 $67.00
10+ Standard Panel Configurations (Any 10+ analytes listed above) - $38.00 $42.00 $68.00
Buprenorphine test-cost addl. to any panel - $5.00 - - -
Laboratory Testing
Includes Results Reporting Data Management
Excludes Medical Review Officer Services
5-9 standard panel –
5 panel (Cannabinoids (THC), Cocaine, Amphetamines, Opiates, Phencyclidine (PCP))
9 panel – (Cannabinoids (THC), Cocaine, Amphetamines, Opiates, Phencyclidine (PCP),
Methadone, Barbiturates, Benzodiazepines, Propoxyphene)
- $36.00 $40.00 $66.00
10 standard panel – (Cannabinoids (THC), Cocaine, Amphetamines, Opiates,
Phencyclidine (PCP), Methadone, Barbiturates, Benzodiazepines, Propoxyphene,
Methaqualone)
- $37.50 $41.50 $67.50
Laboratory Testing Add-Ons
Laboratory Testing Add-On services and applicable fees are added to the
Standard 5-9 laboratory testing panels listed above
Methaqualone test-cost addl. to any panel $1.50
6-AM (Heroin non-reflexive)-cost addl. to any panel $1.00
MDMA (Ecstasy) test-cost addl. to any panel $2.00
Oxycodone test-cost addl. to any panel $4.00
Urine Alcohol test-cost addl. to any panel $3.00
Urine Alcohol test-standalone $18.00
Cotinine (Nicotine) test-cost addl. to any panel $14.00
Urine Fentanyl test-cost addl. to any panel $7.00
Tramadol test-cost addl. to any panel $7.00
Meperidine (Demerol) test-cost addl. to any panel $7.00
EtG test-cost addl. to any panel $16.00
Hydrocodone at custom levels test-cost addl. to any panel $1.00
Buprenorphine test-cost addl. to any panel $13.00
Ketamine test-cost addl. to any panel $18.00
Tricyclic Antidepressants (TCA) test-cost addl. to any panel $16.00
Carisoprodol (SOMA) test-cost addl. to any panel $13.00
K2 (Synthetic THC) test-cost addl. to any panel/standalone $40.00
Bath Salts test-cost addl. to any panel/standalone $40.00
Expanded Benzodiazepine test-cost addl. to any panel $18.00
Docusign Envelope ID: 53C28D4D-4633-4441-81AE-51AA25DA33C5
WORKPLACE TESTING SERVICES AGREEMENT – EXHIBIT A – SUBSTANCE ABUSE TESTING
AND OCCUPATIONAL HEALTH SERVICES
ESCREEN, INC. 8140 WARD PARKWAY, SUITE 300, KANSAS CITY, MISSOURI 64114
Page 12 of 19
eScreen reserves the right to revise terms and/or fees if this Agreement is not executed within 90 days
City of Denton. End User Agreement. 11.06.25 FINAL
DOT Laboratory Testing
Includes Results Reporting Data Management
Excludes Medical Review Officer Services
Excludes FMCSA Reporting Administrative Fee
DOT 7 panel 5000 – (Cannabinoids (THC), Cocaine, Amphetamines, Opiates,
Phencyclidine, MDMA (Ecstasy), 6-AM (Heroin), Oxycodone, Hydrocodone)
- $36.00 $40.00 $66.00
Medical Review Officer Services
Medical Review Officer Services – Non-DOT Urine and Oral Fluid: Review and verification of Company
workplace drug testing results as agreed by the parties – For positivity rates above 5%, eScreen reserves the
right to adjust Medical Review Officer Services Fees with thirty (30) days prior written notice to Customer.
$1.50/test
Medical Review Officer Services – DOT Urine and Oral Fluid: Review and verification of Company workplace
drug testing results as agreed by the parties – For positivity rates above 5%, eScreen reserves the right to adjust
Medical Review Officer Services Fees with thirty (30) days prior written notice to Customer.
$2.00/test
Medical Review Officer Services – Hair Testing: Review and verification of Company workplace drug testing
results as agreed by the parties – For positivity rates above 5%, eScreen reserves the right to adjust Medical
Review Officer Services Fees with thirty (30) days prior written notice to Customer
$4.00/test
Data Management Services
Results Reporting Data Management - DOT and Non-DOT drug testing ONLY No Charge
Customer Collected Breath Alcohol Testing Software Usage Fee – for inputting and reporting results of
Customer-collected breath alcohol tests – DOT and Non-DOT breath alcohol ONLY
$5.00/test
FMCSA Reporting Administrative Fee – applicable FMCSA DOT drug testing service ONLY $0.25/test
Hair Testing Employer-
Collect
In Network
Tier 1
Out of
Network
Includes Results Reporting Data Management
Excludes Medical Review Officer Services
Excludes Shipping
Psychemedics Labs 5 panel – includes expanded opiates $71.00 $97.00 $131.00
Omega Labs 5 panel (H5P) $52.00 $78.00 $112.00
Omega Labs 5 panel (H5PEO) – includes expanded opiates $68.00 $94.00 $128.00
Breath Alcohol Testing
In Network Tier 1 Out of Network
Breath Alcohol Testing $45.00 $75.00
Emergency On-Site Breath Alcohol Testing Service (no advance notice) cost plus $10.00
Blood Alcohol Testing
Includes Results Reporting Data Management
Excludes Medical Review Officer Services
Panel ID 1461 (with cutoff 0.02/0.02) $22.25/test
Panel ID 1462 (with cutoff 0.04/0.04) $22.25/test
Collection Cost additional $28.00/test
Docusign Envelope ID: 53C28D4D-4633-4441-81AE-51AA25DA33C5
WORKPLACE TESTING SERVICES AGREEMENT – EXHIBIT A – SUBSTANCE ABUSE TESTING
AND OCCUPATIONAL HEALTH SERVICES
ESCREEN, INC. 8140 WARD PARKWAY, SUITE 300, KANSAS CITY, MISSOURI 64114
Page 13 of 19
eScreen reserves the right to revise terms and/or fees if this Agreement is not executed within 90 days
City of Denton. End User Agreement. 11.06.25 FINAL
Oral Drug Testing
Available analytes are: Amphetamines (includes MDA), Methamphetamine (includes MDMA), Cocaine, Cannabinoids (THC),
Phencyclidine (PCP), Opiates (includes: Codeine, Morphine), Extended Opiates (includes: Codeine, Morphine, Hydrocodone,
Hydromorphone), Oxycodone/Oxymorphone, 6-Acetylmorphine (6-AM), Benzodiazepines, Barbiturates, Methadone, Cotinine
(Nicotine), Buprenorphine, Ethanol (Alcohol)
Confirmatory Testing at Designated Lab of non-negative specimens by gas chromatography–mass spectrometry (“GC–MS”)
and/or liquid chromatography–mass spectrometry (“LC–MS”)
Includes Results Reporting Data Management
Excludes Medical Review Officer Services
For frequent shipping to the lab with fewer than 3 (three) specimens per pack, eScreen reserves the right to apply additional
shipping fees with thirty (30) days prior written notice to Customer.
Quantisal – 1-5 Panel (Any 1-5 analytes listed above) $5.00 per device + shipping, $32.00/test
Quantisal – 6-9 Panel (Any 6-9 analytes listed above) $5.00 per device + shipping, $34.00/test
Quantisal – 10-12 Panel (Any 10-12 analytes listed above) $5.00 per device + shipping, $36.00/test
Collection Cost additional $25.00/test
Random Drug Testing Management Services
Employee Roster management
Scheduling and program management abilities through eScreen software
Statistical Reports
*All costs associated with drug and alcohol testing will be invoiced separately*
Random Consortium: For employers with less than 50 covered employees –
Selection of workers from customer’s roster of employees to undergo random drug
and/or alcohol testing based on frequency and rate for applicable random drug test
consortium; customer responsible for providing current roster of employees subject to
random testing and other information eScreen may request from time to time
$150.00 annual membership fee per pool
Stand Alone Pool: For employers with 50 or more covered employees –
Selection of workers from customer’s roster of employees to undergo random drug
and/or alcohol testing based on frequency and rate for applicable random drug test
consortium; customer responsible for providing current roster of employees subject to
random testing and other information eScreen may request from time to time
$300.00 annual membership fee per pool
Occupational Health Services Per Test In Network Out of Network
Physical Examination & Related Services See Below See Below
DOT Physical Examination $114.00 Cost plus $50.00
Non-DOT Physical Examination $110.00 Cost plus $50.00
Audiogram - Baseline $64.00 Cost plus $35.00
Vision Tests See Below See Below
Snellen – Eye Chart (near visual activity) $34.00 Cost plus $35.00
Titmus – Vision Screener $54.00 Cost plus $35.00
Ishihara – Color Blindness Test $34.00 Cost plus $35.00
Jaeger – Eye Chart (near visual activity) $44.00 Cost plus $35.00
Respirator Evaluations See Below See Below
OSHA Respirator Questionnaire $54.00 Cost plus $35.00
Pulmonary Function Test/Spirometry $54.00 Cost plus $35.00
Qualitative Respirator Fit Test $84.00 Cost plus $35.00
Quantitative Respirator Fit Test $94.00 Cost plus $35.00
Lift Tests and Back Evaluations See Below See Below
Lift Test Level 1 $84.00 Cost plus $50.00
Lift Test Level 2 $104.00 Cost plus $50.00
Docusign Envelope ID: 53C28D4D-4633-4441-81AE-51AA25DA33C5
WORKPLACE TESTING SERVICES AGREEMENT – EXHIBIT A – SUBSTANCE ABUSE TESTING
AND OCCUPATIONAL HEALTH SERVICES
ESCREEN, INC. 8140 WARD PARKWAY, SUITE 300, KANSAS CITY, MISSOURI 64114
Page 14 of 19
eScreen reserves the right to revise terms and/or fees if this Agreement is not executed within 90 days
City of Denton. End User Agreement. 11.06.25 FINAL
Kraus Weber Lower Back Evaluation $84.00 Cost plus $35.00
Tuberculosis (“TB”) Testing and x-Rays See Below See Below
TB/Purified Protein Derivative (“PPD”) Skin Test $54.00 Cost plus $35.00
TB Chest x-ray $124.00 Cost plus $50.00
QuantiFERON Gold $150.00 $236.00
Vaccines (if not listed below) Cost plus $60.00 Cost plus $60.00
Lab Panels (if not listed below) Cost plus $60.00 Cost plus $60.00
Lab – Lipid Profile plus Glucose $55.00 $150.00
Lab – MMR Titer $120.00 $140.00
Lab – Varicella Titer $100.00 $150.00
Lab – Hepatitis A Antibody (Total) $90.00 $110.00
Lab – Hepatitis B Titer (HBsAB) $104.00 $125.00
Lab – Hepatitis B Surface Antigen $49.00 $88.00
Lab – Hepatitis C Titer $55.00 $170.00
Additional Services
After Hours Collections Cost plus $7.00
All drug and alcohol collections performed in the state(s) of Alaska or Hawaii will be subject to an additional fee
per collection
$50.00 per collection
All OHS services performed in the state(s) of Alaska or Hawaii will be subject to an additional fee per service $150.00 per service
D&L Isomer Differentiation $50.00
6 Monoacetylmorphine Analysis $50.00
THCV Analysis $175.00
Observed Collections Cost plus $7.00
Custom Panel Setup Fee $1,200.00 per panel
No Show Fee – charges occur when clinic notifies eScreen of no record of the candidate or employee during the
duration of the ePassport or scheduled occupational health service event
$2.50 per scheduled event
Customer-Requested Re-Analysis of a Drug Specimen $150.00
Litigation Support Services – eScreen standard litigation support Services available at eScreen’s standard rates, as provided to Customer from time to time
Expedited shipping requests for paper Chain of Custody ‘CCF’ forms may be subject to additional charges
Implementation and Integration
Integration Type Description Setup Annual Fee
Initial Account Implementation Includes initial set-up of account in eScreen system(s) and
applicable user access $500.00 N/A
Standard Partner Integration Includes implementation of existing partner integration $1,000.00 $500.00
Standard Scheduling Integration • Includes External and Single Sign On Integrations $20,000.00 $1,000.00
Custom integration • Development of a custom Customer specific integration $25,000.00 $5,000.00
Docusign Envelope ID: 53C28D4D-4633-4441-81AE-51AA25DA33C5
WORKPLACE TESTING SERVICES AGREEMENT – EXHIBIT A – SUBSTANCE ABUSE TESTING
AND OCCUPATIONAL HEALTH SERVICES
ESCREEN, INC. 8140 WARD PARKWAY, SUITE 300, KANSAS CITY, MISSOURI 64114
Page 15 of 19
eScreen reserves the right to revise terms and/or fees if this Agreement is not executed within 90 days
City of Denton. End User Agreement. 11.06.25 FINAL
Evaluation and Review Services
Position Evaluation (clinical and administrative recommendation for components of physical examination and allowable range with respect to
each component based on employer-provided written job description and applicable regulations, if any).
Administrative Review (review Clinic-generated documentation for DOT or DOT-look-alike physical examination (with established agreed upon
criteria), or other medical service components, for completion of required elements; follow-up with Clinics as necessary and appropriate).
Clinical Review (review Clinic-generated documentation for DOT or DOT-look-alike physical examination for completion of required elements;
identification of any reported value outside allowable range for individual’s position; follow-up with clinic as necessary and appropriate).
Consultative Review (clinical recommendation regarding whether injured or disabled individual is physically able to return to work in a specific
position based on employer-furnished written documentation regarding such individual’s then-current capabilities, employer-furnished written
job description for the position, and applicable regulations, if any; provided, however that eScreen shall only provide a recommendation for an
individual already cleared by his or her treating physician to return to work).
Each of the Evaluation and Review Services is offered subject to the following terms and conditions. By requesting or receiving any of these
services (regardless of whether Customer pays for the service), Customer agrees to and is bound by the following except as otherwise prohibited
by law:
(1) Customer acknowledges and agrees that eScreen relies solely on documentation and other information actually received by eScreen
from Customer. eScreen is not responsible for performing any other review, examination, interview, investigation, or compilation of
documentation or other information in providing any Evaluation and Review Services.
(2) Customer acknowledges and agrees that the provider who actually performs the specific physical examination or other diagnostic
services is not employed by nor contracted with eScreen. Customer is solely responsible for the selection of the provider who performs those
services. eScreen has no responsibility for such provider’s performance or non-performance of such medical or nursing services. Nor is eScreen
responsible for such provider’s health information privacy and security practices. While eScreen representatives may communicate with such
provider as part of its Evaluation and Review Services, eScreen has no authority to require or direct a provider to take certain action or to refrain
from engaging in certain conduct.
(3) Customer understands, acknowledges and agrees that, except as provided in the following sentence, neither eScreen nor any of its
clinicians owes a duty to warn, report, or counsel any individual regarding any health condition, status, or risk indicated by or reflected on
documentation reviewed by eScreen. Customer understands, acknowledges and agrees that eScreen’s duty to warn and report to an individual
regarding any health condition, status, or risk is strictly limited to (a) in-person services provided by an eScreen clinician, including biometric
screenings, or (b) laboratory results that are provided directly to eScreen (as opposed to results provided to a third-party clinic). Neither eScreen
nor any of its clinicians enters into a treatment relationship with any individual as a result of providing Evaluation and Review Services.
(4) Customer acknowledges and agrees that no statement made nor opinion expressed by eScreen or any of its employees or contracted
clinicians relating to any Evaluation and Review Service constitutes a medical or nursing opinion or advice.
Docusign Envelope ID: 53C28D4D-4633-4441-81AE-51AA25DA33C5
WORKPLACE TESTING SERVICES AGREEMENT – ADDENDUM 1 - EXHIBIT A – SUBSTANCE
ABUSE TESTING AND OCCUPATIONAL HEALTH SERVICES
ESCREEN, INC. 8140 WARD PARKWAY, SUITE 300, KANSAS CITY, MISSOURI 64114
Page 16 of 19
eScreen reserves the right to revise terms and/or fees if this Agreement is not executed within 90 days
City of Denton. End User Agreement. 11.06.25 FINAL
Additional Terms and Conditions Applicable to eScreen Products and Services
1. Products. eScreen may sell and deliver to Customer certain products, including but not limited to collection supplies and rapid testing
products, pursuant to this Agreement (collectively, “Products”). Products may be ordered by phone or through eScreen’s online
ordering platform, and Customer will be responsible for payment for all accepted orders of Products ordered by Customer in
accordance with the terms of this Agreement. All orders received for Products under this Agreement are subject to acceptance by
eScreen.
2. Product Supply; Discontinued or Modified Products. Notwithstanding anything to the contrary in this Agreement: (i) at any time and
from time to time, eScreen may have limited inventory or no inventory of one or more Products, and eScreen shall not incur any
liability to Customer for any failure to supply or any delayed supply of Products; and (ii) eScreen reserves the right, in its sole discretion
and without liability, to allocate supply of the Products or to immediately discontinue supplying any Product (“Discontinued Product”),
and any such actions will not constitute a breach by eScreen under this Agreement. Discontinued Products will be replaced with a
mutually acceptable eScreen product, if available (“Replacement Product”). If the net price for the Replacement Product is higher than
the Discontinued Product, the parties shall negotiate the price of the Replacement Product, provided that Customer will pay the higher
price of the Replacement Product until agreement on pricing is reached. eScreen or the applicable manufacturer may, in its sole
discretion and from time to time, make such changes in the design, composition, specification, nature, and labelling of any Product as
it shall deem necessary or desirable.
3. Product Shipping. Unless otherwise noted in the applicable pricing exhibit, Product prices set forth in this Agreement are exclusive of
taxes and freight, shipping and insurance charges. Customer has sole responsibility for paying all such charges. Shipping charges are
added to each invoice. Products will be shipped Free Carriage Alongside (FCA) point of shipment.
4. Product Returns and Acceptance. Customer shall be deemed to have accepted Products ten (10) calendar days after delivery of the
applicable Product, unless Customer has provided written notice to eScreen of (a) any discrepancy between the type or quantity of
Products ordered and the type or quantity of Products delivered or (b) any failure of such Product to materially comply with the
warranty set forth in Section 5 below. All returns shall be governed by eScreen’s or its applicable affiliate’s return policy, which eScreen
shall provide to Customer upon request.
5. Product Warranty. With respect to any Products manufactured by Abbott Laboratories or its affiliates, eScreen warrants to Customer
that such Products delivered to carrier for shipment to Customer, or delivered directly to Customer, will substantially conform to the
applicable published specifications at the time of such delivery. With respect to third party-manufactured Products, the only
warranties available to Customer are those specifically and expressly stated as warranties in the package insert(s) for such Products.
eScreen MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER MATTER. At eScreen’s option, and
as Customer’s sole remedy, eScreen will repair or replace any Products confirmed by eScreen as defective or refund the price paid by
Customer for such defective Products. This warranty is contingent upon proper warehousing, shipment, and consumption/use of
Products in the application for which they were intended as indicated in the Product label claims, and eScreen makes no warranty
(express, implied, or statutory) for Products that are modified, repackaged, relabelled, or subjected to unusual physical or
environmental stress. The foregoing is in lieu of all other warranties.
6. DISCLAIMERS. ESCREEN SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY PRODUCTS WHEN THEY HAVE BEEN IMPROPERLY
STORED, KEPT, HANDLED, OR SOLD BY CUSTOMER IN CONTRAVENTION TO THE PRODUCT SPECIFICATIONS NOR SHALL ESCREEN BE
LIABLE FOR ANY PRODUCT DEFECT WHEN CUSTOMER HAS SUBSTITUTED A PRODUCT, CHANGED PACKAGING, OR ALTERED A PRODUCT
IN ANY OTHER WAY. ESCREEN SHALL NOT BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY DAMAGES CAUSED BY FAILURE
TO MAKE SHIPMENT ON ANY ORDER OR CONTRACT OR FOR DELAY IN DELIVERY OF ANY PRODUCT. EXCEPT AS SET FORTH IN SECTION
5 ABOVE, ESCREEN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO ANY PRODUCTS OR SERVICES
PROVIDED OR PERFORMED BY A THIRD PARTY AND WILL NOT BE LIABLE FOR THE ACTIONS OR INACTIONS OF ANY SUCH THIRD PARTY.
7. Product Recalls and Related Events. If eScreen notifies Customer of a recall, withdrawal, corrective action, or investigation applicable
to one or more of the Products, Customer shall cooperate fully with eScreen and the applicable manufacturer and take all actions
reasonably requested by eScreen in connection therewith, including in regard to communications with any customers or to the public
and securing the recovery from its customers of the applicable Product upon request. All information regarding shipment of affected
Products, including the identity of customers, customer notification, and Product reconciliation, shall be promptly forwarded by Client
to eScreen upon eScreen’s request.
8. Copyright Notices. All Products sold by Customer shall bear any copyright notices affixed to the Products by eScreen or its suppliers,
and Customer shall not alter, remove, efface, tamper with, or obscure such notices.
Docusign Envelope ID: 53C28D4D-4633-4441-81AE-51AA25DA33C5
WORKPLACE TESTING SERVICES AGREEMENT – ADDENDUM 1 - EXHIBIT A – SUBSTANCE
ABUSE TESTING AND OCCUPATIONAL HEALTH SERVICES
ESCREEN, INC. 8140 WARD PARKWAY, SUITE 300, KANSAS CITY, MISSOURI 64114
Page 17 of 19
eScreen reserves the right to revise terms and/or fees if this Agreement is not executed within 90 days
City of Denton. End User Agreement. 11.06.25 FINAL
9. Use of Products and Services. Customer acknowledges and agrees that the Products and Services may be used only for workplace drug
and alcohol testing and workplace occupational health programs. Customer will use Products and Services only in compliance with
applicable Laws and in accordance with Product package inserts and other instructions of eScreen and, if applicable, the testing
laboratory or other service providers. Customer is solely responsible for determining whether a particular Product or Service will meet
its needs and whether use of the Product or Service in the intended manner or location will comply with applicable Laws, policies,
standards, and contracts to which Customer is subject (collectively, “Requirements”), and agrees to bear all risk of consequences which
flow therefrom. Customer’s use of any software platforms associated with the Products or Services will be subject to the terms and
conditions made available from time to time on such software platforms, which are hereby incorporated by reference into this
Agreement. eScreen will not be responsible for the validity, accuracy, legality, or completeness of any information input into eScreen
software by Customer. eSCREEN DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS THAT THE USE OF THE
PRODUCTS OR SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT DATA LOSS, OPERATIONAL INTERRUPTIONS, OR SYSTEM
DOWNTIME WITH RESPECT TO ESCREEN SYSTEMS WILL NOT OCCUR.
10. Consents and Notices. Customer is responsible for ensuring that any notices or consents required for Customer’s use of the Products
or Services pursuant to applicable Requirements are provided or obtained, as applicable, including providing or obtaining any required
notices or consents related to the collection, processing, transmission, or storing of data prior to entering such data into eScreen
systems.
11. Orders for Certain Services. Customer acknowledges and agrees that to the extent applicable Law requires that a licensed physician
or other authorized person order any Product or Service and/or any component thereof, unless otherwise agreed by the parties in
writing, Customer is solely responsible for arranging for a physician or authorized person to order such Products or Services and
ensuring such physician or authorized person’s cooperation with eScreen and/or its service providers.
12. Product and Service Descriptions. Brief descriptions of available Products and Services are included in applicable exhibits to this
Agreement to identify relevant offerings. More complete descriptions of eScreen’s Products and Services can be found on eScreen.com
and applicable eScreen software platforms, as updated from time to time, and in literature provided by eScreen to Customer.
13. Modification and Addition of Products and Services. eScreen may, in its reasonable discretion and from time to time, modify or remove
any Service as it shall deem necessary or desirable to comply with applicable Laws. Removal of any Service shall not constitute a partial
termination of this Agreement. eScreen, in its sole discretion, may add new Products or Services and associated pricing to this
Agreement from time to time upon written notice to Customer. If Customer does not reject any such addition by written notice to
eScreen within thirty (30) days after delivery of such notice, the addition of such Products or Services and pricing shall be deemed
accepted by Customer and become part of this Agreement, without the need for a formal amendment.
14. Medical Review Officer (“MRO”) Services: Customer acknowledges and agrees that if eScreen arranges for MRO Services: (a) eScreen
is authorized to select an MRO service provider in eScreen’s sole discretion; (b) review and verification of laboratory results and related
MRO Services may be performed by the MRO or the MRO’s designee, to the extent permitted by applicable Law; (c) auto-verification
technology may be used to review and verify negative results (except as otherwise required by applicable Law); (d) eScreen or its MRO
service providers may contact Participants via text message, automated phone calls, or manually dialed phone calls in connection with
the performance of MRO Services; (e) interviews with Participants regarding non-negative Non-DOT results may be conducted via
questions presented to Participants through an interactive online platform; (f) MRO Services are not available for Participants under
age 16; (g) the MRO Services Fee will be charged for each test regardless of the result of the drug testing event; (h) eScreen and its
medical review officers are responsible for managing responses to subpoenas and other legal requests received in connection with
the MRO Services and nothing in the Agreement (including Section 12) will restrict eScreen and its medical review officers from
managing such requests in the ordinary course; and (i) additional charges may be added if the MRO requests additional testing.
15. Fee Tiers: Fees for certain Service offerings listed in this Exhibit A are set based on the location of specimen collection or performance
of occupational health Services. Such location may be a Customer site or a Third-Party clinic or collection site designated by eScreen
as “In Network,” “In-Network Tier 1”, “In-Network Tier 2” or “Out-of-Network”. Such clinic/collection site designations are determined
by eScreen in its sole discretion and will be made available to Customer. Notwithstanding anything in this Agreement to the contrary,
Customer acknowledges and understands that any Service or component of Services performed by a Third-Party clinic or collection
site designated by eScreen as “OUT-OF-NETWORK” are provided on an “AS IS” basis and eScreen makes no express or implied
warranties, representations or endorsements whatsoever with regard to the performance of such Services by such clinics or collection
sites.
Docusign Envelope ID: 53C28D4D-4633-4441-81AE-51AA25DA33C5
WORKPLACE TESTING SERVICES AGREEMENT – ADDENDUM 1 - EXHIBIT A – SUBSTANCE
ABUSE TESTING AND OCCUPATIONAL HEALTH SERVICES
ESCREEN, INC. 8140 WARD PARKWAY, SUITE 300, KANSAS CITY, MISSOURI 64114
Page 18 of 19
eScreen reserves the right to revise terms and/or fees if this Agreement is not executed within 90 days
City of Denton. End User Agreement. 11.06.25 FINAL
16. Non-Standard Services. Prior to agreeing to offer Customer any services to be provided or arranged by eScreen that deviate from the
standard services described in this Exhibit A (any such proposed deviating services, “Non-Standard Services”), Customer agrees to
engage eScreen to determine the cost and feasibility of such Non-Standard Services based on the scope of the request. eScreen
reserves the right to modify or decline any and all Non-Standard Services and will not be required to perform any services for
Customer which are not mutually agreed upon by the parties in a statement of work or other agreement signed by both parties
documenting the agreed upon scope, pricing and implementation timeline for such Non-Standard Services.
17. Additional Terms Applicable to Employer-Collect and Rapid POCT Offerings:
a. If Customer purchases Products or Services which involve specimen collection or rapid testing by Customer without the use
of eScreen collection Services, eScreen will not arrange specimen collections and will have no responsibility for the
collection or rapid testing process. Customer acknowledges and agrees that Customer retains all responsibility for
employer-collections and tests performed by Customer using rapid screening tests, including all corresponding rapid testing
results and any certificates or other documentation generated to document such results using eScreen software. Customer
is responsible for developing and implementing such policies and procedures related to rapid testing and employer-
conducted collections, including chain of custody procedures, as may be necessary to comply with applicable Requirements
or as it otherwise deems appropriate.
b. Rapid oral fluid POCT tests sold as part of the Digitally-Enabled Employer-Collect Oral Fluid Testing offering are single-use
point-of-collection preliminary screening tests. A second sample collection is needed for confirmation of non-negative
tests, which requires that Customer either (1) purchase oral fluid collection kits for employer collection of a second oral
fluid sample to send for laboratory testing or (2) schedule the donor for collection of an oral fluid or urine specimen at a
clinic location. Customer is responsible for ensuring that a second collection is scheduled and completed within an
appropriate timeframe following the first collection. Customer acknowledges that results from the first and second
collections may vary depending on collection method and the passage of time between collections.
18. Data Retention. eScreen and its affiliates are not responsible for maintaining any data inputted into eScreen software systems in
accordance with any record retention requirements applicable to Customer under applicable Requirements. Customer is permitted to
use eScreen software platforms to store records of workplace drug and alcohol testing and occupational health service events and
access such records for no less than two (2) years (from the date of data entry), or such longer period as is necessary for eScreen or
its affiliated laboratories to comply with applicable Laws (the “Retention Period”). Following the Retention Period such records may
be subject to archival or deletion in accordance with eScreen’s then-current record retention policies. eScreen reserves the right to
modify the Retention Period in its sole discretion at any time. Customer acknowledges that, except to the extent prohibited by
applicable law, eScreen may retain its own copies of data generated and/or stored in eScreen systems for business, compliance, or
other applicable purposes.
19. Authorization for Conversion of Eligible Lab-Based Testing Events to Point of Collection Testing Events. By executing the authorization
form attached as Exhibit B, Customer has opted into automatic conversion, at eScreen’s discretion, of Eligible Drug Test (as defined in
Exhibit B) events from lab-based screening tests to point of collection screening tests.
[END OF EXHIBIT A]
Docusign Envelope ID: 53C28D4D-4633-4441-81AE-51AA25DA33C5
WORKPLACE TESTING SERVICES AGREEMENT – EXHIBIT B – AUTHORIZATION OF
CONVERSION
ESCREEN, INC. 8140 WARD PARKWAY, SUITE 300, KANSAS CITY, MISSOURI 64114
Page 19 of 19
eScreen reserves the right to revise terms and/or fees if this Agreement is not executed within 90 days
City of Denton. End User Agreement. 11.06.25 FINAL
Exhibit B
AuthorizaƟon for Conversion of Eligible Lab-Based TesƟng Events to Point of CollecƟon TesƟng Events
By execuƟng this AuthorizaƟon, Customer hereby acknowledges and agrees that, for Eligible Drug Tests, at eScreen's
discreƟon, the iniƟal screening test may be performed using either an instrument located at a clinic site (point of collecƟon – e.g.,
eCup+) or an instrument located at a laboratory. “Eligible Drug Tests” means Non-DOT pre-employment urine drug tests,
scheduled in states other than Montana or Vermont, for which there is a point of collecƟon test available that tests for the same
analytes at the same cut-off levels as the laboratory-based test.
Customer hereby expressly authorizes eScreen to modify (in its discreƟon) scheduled tesƟng events for Eligible Drug
Tests scheduled by Customer to update such events from laboratory-based tesƟng events to point of collecƟon tesƟng events.
Customer acknowledges, understands, and agrees as follows:
1. Customer is solely responsible for determining whether point of collecƟon tesƟng will meet its needs and
whether use of point of collecƟon tesƟng in the intended manner or locaƟon will comply with applicable
Laws, policies, standards, and contracts to which Customer is subject (collecƟvely, “Requirements”), and
eScreen will have no liability related thereto as a result of taking the acƟons authorized by this AuthorizaƟon.
2. Customer is responsible for ensuring that any noƟces to or consents from third parƟes required for the use
of point of collecƟon tesƟng pursuant to applicable Requirements are provided or obtained, as applicable.
3. This AuthorizaƟon has been signed by an authorized representaƟve of Customer with proper authority to
bind Customer to the terms of this AuthorizaƟon.
4. Regardless of which instrument is used for the iniƟal screen, all confirmaƟon tesƟng in the event of non-
negaƟve screening results is performed at a laboratory via GC/MS or LC/MS and is subject to MRO review
prior to release of final results. NegaƟve point of collecƟon screening results are not subject to MRO review.
5. Unless Client designates any accounts as excluded accounts in writing to eScreen, this Authorization will be
applied to all customer accounts associated with Client’s account.
6. Customer will be charged for any updated events in accordance with the pricing for the applicable point of
collecƟon test set forth in Exhibit A to the Agreement. Customer agrees to ensure that the service events are
accurately described and billed to its end-customers.
7. Customer may revoke this authorizaƟon for any one or more of its associated accounts at any Ɵme upon
thirty (30) days’ wriƩen noƟce to eScreen.
8. ExecuƟon of this AuthorizaƟon is opƟonal and is not a condiƟon to receiving any services from eScreen
pursuant to the Agreement.
City of Denton
_________________________________
Signature
_________________________________
Name
_________________________________
Title
Docusign Envelope ID: 53C28D4D-4633-4441-81AE-51AA25DA33C5
Buyer
12/17/2025
Christina Dormady
Certificate Of Completion
Envelope Id: 53C28D4D-4633-4441-81AE-51AA25DA33C5 Status: Completed
Subject: ***Purchasing Approval*** 8913 - Out-of-State Drug Screening
Source Envelope:
Document Pages: 20 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 2 Christina Dormady
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
christina.dormady@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
12/12/2025 1:35:21 PM
Holder: Christina Dormady
christina.dormady@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Christina Dormady
christina.dormady@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 12/12/2025 1:43:33 PM
Viewed: 12/12/2025 1:43:48 PM
Signed: 12/12/2025 1:43:57 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 12/12/2025 1:43:59 PM
Viewed: 12/12/2025 2:12:41 PM
Signed: 12/12/2025 3:04:03 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Marcella Lunn
marcella.lunn@cityofdenton.com
Senior Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 12/12/2025 3:04:04 PM
Viewed: 12/15/2025 9:08:02 AM
Signed: 12/15/2025 9:08:35 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Elizabeth Johnston-Owens
Elizabeth.JohnstonCook@abbott.com
DVP, US Workplace Solutions
Abbott Laboratories
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 170.85.7.106
Sent: 12/15/2025 2:49:40 PM
Viewed: 12/15/2025 4:41:34 PM
Signed: 12/15/2025 4:41:41 PM
Electronic Record and Signature Disclosure:
Accepted: 12/15/2025 4:41:34 PM
ID: 98c255a0-4f7b-4259-baba-923573a9c84e
Signer Events Signature Timestamp
Megan Gilbreath
Megan.gilbreath@cityofdenton.com
HR Director
City of Denton - Human Resources
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 209.55.117.179
Sent: 12/15/2025 4:41:43 PM
Viewed: 12/17/2025 2:24:18 PM
Signed: 12/17/2025 2:24:31 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Christina Dormady
christina.dormady@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 12/17/2025 2:24:33 PM
Viewed: 12/17/2025 2:33:24 PM
Signed: 12/17/2025 2:33:39 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Anna Weddle
anna.weddle@abbott.com
Abbott
Security Level: Email, Account Authentication
(None)
Sent: 12/15/2025 2:49:43 PM
Electronic Record and Signature Disclosure:
Accepted: 12/15/2025 2:48:40 PM
ID: 4e15dc25-ca9a-4c9c-a31e-9a843ec8ec17
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 12/17/2025 2:33:42 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Sara Kjos
Sara.kjos@cityofdenton.com
Assistant Director of Human Resources
Security Level: Email, Account Authentication
(None)
Sent: 12/17/2025 2:33:42 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Carbon Copy Events Status Timestamp
Susan Bechtel
directservices@escreen.com
Security Level: Email, Account Authentication
(None)
Sent: 12/17/2025 2:33:43 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/12/2025 1:43:33 PM
Certified Delivered Security Checked 12/17/2025 2:33:24 PM
Signing Complete Security Checked 12/17/2025 2:33:39 PM
Completed Security Checked 12/17/2025 2:33:43 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
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and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
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documents are first sent to you. After such time, if you wish for us to send you paper copies of
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request delivery of such paper copies from us by following the procedure described below.
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If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
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electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
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required notices and disclosures electronically from us and you will no longer be able to use your
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or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Elizabeth Johnston-Owens, Anna Weddle
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
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To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
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To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
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must state your e-mail, full name, IS Postal Address, telephone number, and account
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consequences of your withdrawing consent for online documents will be that transactions
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