This Agreement is the contract between FMCSA Compliance Processing Group and the client under which the following terms and conditions apply: 

Scope of Services: 

FMCSA Compliance Processing Group Random Drug & Alcohol Testing Consortium/TPA will enroll the client and designated drivers into our random drug and alcohol testing consortium. FMCSA Compliance Processing Group will provide the client with a certificate of enrollment in good standing with the FMCSA Compliance Processing Group consortium. FMCSA Compliance Processing Group will provide the client with a best practices documentation and to provide for the collection of urine/breath alcohol samples for the purpose of screening Client’s employees or an individual for the presence of illegal drugs or alcohol in their system. All tests will follow the Department of Transportation (DOT) protocol and services.  

FMCSA Compliance Processing Group will provide collection site location service for the clients when needed.

Biennial Update / MCS-150 service

FMCSA Compliance Processing Group will collect all necessary information from the client to complete the MCS-150 form. FMCSA Compliance Processing Group will work with the client to confirm all information is accurate. Upon receiving the signed MCS-150 from from the client FMCSA Compliance Processing Group will expedite the filing of the MCS-150 form with the USDOT. FMCSA Compliance Processing Group will inform the client when confirmation has been received of their updated record.

Unified Carrier Registration

Upon payment FMCSA Compliance Processing Group will expedite the processing of the clients registration. The registration will be completed the same business day if the payment is processed before 3:00pm CST. If the payment is processed after 3:00pm CST the registration will be completed the next business day. FMCSA Compliance Processing Group will provide the client a confirmation and receipt upon completion of the registration.

Reasonable Suspicion Supervisor Training (RSST)

Upon payment FMCSA Compliance Processing Group will provide the client the appropriate number of new enrollment log ins to complete the online training program. Once the clients have completed the training FMCSA Compliance Processing Group will provide the clients certificates of competition.

Clearinghouse Registration

Upon payment FMCSA Compliance Processing Group will collect all necessary information from the client to complete the registration. Once all CDL drivers information has been received and verified FMCSA Compliance Processing Group will perform all due diligence required for completion of the clearinghouse registration. FMCSA Compliance Processing Group will provide the client with confirmation when the registration process has been completed.

Clearinghouse Queries

Upon payment FMCSA Compliance Processing Group will collect all necessary information from the client to complete the registration. Once all CDL drivers information has been received and verified FMCSA Compliance Processing Group will perform all due diligence required for completion of the clearinghouse query. FMCSA Compliance Processing Group will provide the client with confirmation and the results when the query process has been completed.

Laboratory Analysis: 

All samples, unless otherwise arranged, will be tested by a Substance Abuse and Mental Services Health Administration (SAMSHA) approved and regulated laboratory. Samples will be picked up daily by laboratory courier. Negative results will be available within 24 hours, and positive results will be returned following Medical Review Officer (MRO) review per DOT protocol, which will take an additional 2-5 days. The laboratory will store all positive samples for a period of one year. 

Confirmation of a Positive Result: 

The Client agrees that all positive results will be reviewed by the MRO, with follow-up contact made with the donor. The purpose of this follow-up interview is to determine the presence of legal medications. Confirmation will be made with the prescribing physician prior to clearing a positive result. 

Reporting: 

Negative results will be communicated to the Client by fax, email, or US mail. Positive results require review by MRO, which can take an additional 2-5 days. Positive results will be communicated by email to the Client approved Designated Employer Representative (DER) as soon as confirmed, with written confirmation by fax, email, or US mail. 

Prescription Medications 

It is the FMCSA Compliance Processing Group policy that should a donor test positive for a metabolite and has in their possession a valid prescription from a medical doctor, that the MRO can confirm with a pharmacy, issued within the last year of the test, this information will be reported as a negative. However, if the prescription is older than one year or not in the donor’s name, this information will be reported as a positive. 

Donor Collection Protocol: 

All collections, unless accepted by the conditions listed for observed collections below, will afford the donor full privacy and dignity. All collections will take place at designated approved Lab Corp., Quest Diagnostics, or other collection site locations within FMCSA Compliance Processing Groups network. Collection sites can be located online. Or our Consortium team will help you locate the closest collection site to your present location The collection protocol for standard urine and breath alcohol collection follows all DOT guidelines. 

Observed collections are permitted only under the following conditions: 1. Written protocol with the Client that includes written disclosure to the employee that is acknowledged by donor signature. 2. The Client representative will be contacted for concurrence prior to the collection. 3. The donor will not be permitted to leave the collection site until the collection is complete. If the donor chooses to leave before the collection is complete, it is considered a refusal to test and is reportable to the DOT. 4. An observer of the same sex will be used at all times. 5. Causes for observed collections are adulterated sample, out-of-range temperature, Client request in writing due to suspected adulterations of previous samples, or that the Client suspects an attempt will be made to adulterate the current sample. For DOT employees, any Return To Duty, or Follow-Up test will be under direct observation. See CFR part 40.67. 

Removal From Program: 

Non payment of the annual enrollment fee or Non-completion of random selection testing by owner-operator or employees selected within a company during required time frame will receive written warning, yet any subsequent non-compliance can result in removal of the company from the program with no recourse for refund.  

FMCSA Compliance Processing Group Policy on Random Selections and Pool Updates: 

FMCSA Compliance Processing Group requires any updates that need to be made by the Client to their employee roster for the random pool must be submitted BEFORE the random selection takes place for that month/quarter.

Responsibilities of Client: 

Random Drug & Alcohol Testing Consortium/TPA The client is to provide FMCSA Compliance Processing Group L.L.C. with a full active drivers list and updates as to employee/driver additions or deletions from the group, to comply with all applicable DOT or other laws related to drug testing, and to provide ongoing employee education as to the drug-testing program. The Client is to apply the drug testing policy in a non-discriminatory manner and to participate in ongoing Reasonable Suspicion Supervisor Training to assure compliance with applicable laws and standards.  

Biennial Update / MCS-150 The client agrees to provide FMCSA Compliance Processing Group with a copy of the principles drivers license for expedited processing of the MCS-150 form.

Clearinghouse Registration The client agrees to provide FMCSA Compliance Processing Group with all drivers CDL and contact information required to complete the registration.

Clearinghouse Queries The client agrees to provide FMCSA Compliance Processing Group with all drivers CDL and contact information required to complete the query process.

Payment Terms: 

The client can choose to pay by credit/debit card, invoice, payment link, electronic check, or mail a check to FMCSA Compliance Processing Group L.L.C. 5733 SH 121 Suite 210-312 The Colony TX. 75056. After the initial enrollment fee is paid the Random Testing Consortium/TPA the Client will be notified by email of any future payments due on the first day of each month.  The client agrees payment in full is received by FMCSA Compliance Processing Group L.L.C. by the last day of the month billed. Account delinquent if payment in full not received within 30 days of date billed. Account will be suspended if full payment not received within 60 days of the date billed and a $100.00 reinstatement fee applicable.  Employees of the company will be removed from the random selection process if the account is suspended status. A $35 returned (NSF) charge will apply for any returned checks. An account 6+ months in suspension status will be referred for collection proceedings.  

Term of Agreement: 

Random Drug & Alcohol Testing Consortium/TPA The Agreement shall be for a term of one (1) year beginning on the date of enrollment and will automatically renew for an additional year upon each anniversary date unless otherwise canceled by the Client 30 days prior to anniversary date.  Fees for service subject to change after the term of the agreement anniversary date. 

Confidentiality: 

Strict confidentiality will be adhered to at all times, for the protection of the donor and Client. The only disclosures that will be made will be to designated employer representatives, Medical Review Officer (MRO) or laboratory, through written permission of the donor or formal court order. 

Indemnification: 

By signing this Agreement, the Client acknowledges and agrees to the utilization of EBT breath collection services per the DOT protocol and agrees to hold harmless FMCSA Compliance Processing Group L.L.C. from any and all claims, including but not limited to losses, damages, injuries to persons, or act of negligence, arising out of designed collection site’s use of said procedures on behalf of the Client. 

Attorney’s Fees: 

If any contested action is brought to enforce, modify, interpret or void the provisions of this Agreement, then the prevailing party shall be entitled to reasonable attorneys’ fees as well as appropriate relief. 

Fees For Services: 

The below-listed fees will be subject to change. 

•  $299.00, 0-2 Drivers Random Testing Consortium Annual Enrollment Management Fee
•  $399.00, 3-5 Drivers Random Testing Consortium Annual Enrollment Management Fee
•  $599.00, 6-20 Drivers Random Testing Consortium Annual Enrollment Management Fee
•  $89.00, DOT Drug Test
•  $89.00, DOT Breath Alcohol Test
• $129.00 DOT Breath Alcohol & Drug Test Combination
•  $299.00, Reasonable Suspicion Supervisor Training (not required for single owner-operators) 
• $199.00, Biennial Update / MCS-150
• $199.00 Unified Carrier Registration 0-2 Power Units
• $399.00 Unified Carrier Registration 3-5 Power Units
• $599.00 Unified Carrier Registration 6-20 Power Units
• $199.00 Clearinghouse Registration 0-2 Drivers
• $399.00 Clearinghouse Registration 3-5 Drivers
• $599.00 Clearinghouse Registration 6-20 Drivers
• $199.00 Unlimited Annual Clearinghouse Queries 0-2 drivers
• $399.00 Unlimited Annual Clearinghouse Queries 3-5 drivers
• $599.00 Unlimited Annual Clearinghouse Queries 6-20 drivers

Entire Agreement: 

This Agreement constitutes the entire agreement between the Parties with respect to Services and supersedes any and all prior agreements and understandings, whether written or oral, between the Parties. 

Arbitration Clauses: 

In the event a dispute arises between the parties as to the duties or compensation under this Agreement, such dispute shall be submitted for arbitration under the then-existing rules established by the American Arbitration Association. 

Amendment: 

This Agreement may not be amended or modified in any respect except by an agreement in writing executed by both Parties. 

Severability: 

In the event that any of the provisions of this Agreement are deemed invalid or unenforceable, the remaining provisions shall be construed and enforced as if the invalid or unenforceable provisions were not contained herein. 

Governing Law and Venue: 

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas without reference to conflicts of law principles. 

Waiver of Breach: 

Non-action by any Party in response to a breach of any provision of this Agreement shall not operate or be construed as a waiver of any rights hereunder or acceptance of any subsequent breach of any provision of this Agreement. Any waiver must be in writing and signed by the applicable Party. 

Change of Information: 

Each Party agrees to notify the other, in writing, of any changes in address, hours of service, phone number, or other contact information. 

FMCSA Compliance Processing Group L.L.C. is not affiliated with or part of the Department of Transportation or Federal Motor Carrier Safety Administration

The client understands and agrees to the terms and services outlined in this agreement.