June 9, 2021 the Honorable Todd

June 9, 2021

The Honorable Todd Gardenhire, Chairman Fiscal Review Committee 732 Cordell Hull Building Nashville, TN 37243

Dear Chairman Gardenhire,

The Department of Correction (DOC) wishes to amend its current contract for the administration of a comprehensive employee drug and alcohol testing program with Comprehensive Drug Testing, Inc. The drug detection levels need to be revised to match the federal DOT levels. The term and the maximum liability remain unchanged.

Comprehensive Drug Testing, Inc. is headquartered in Irvine, California. TDOC Legal Staff finds no records concerning allegations of fraudulent activity by this vendor.

An amendment request with all required supporting documentation to permit this amendment was submitted to the Commissioner of General Services and the Comptroller of the Treasury simultaneously with this submission to the Fiscal Review Committee.

We appreciate your consideration of this matter.

Sincerely,

Tony Parker TP:LSC pc: The Honorable Kelly Keisling, Vice-Chairman Krista Lee-Carsner, Fiscal Review Committee Director Kelly Young, Inspector General Debbie Inglis, Deputy Commissioner & General Counsel Torrey Grimes, Legislative Liaison & Senior Counsel Priscilla Wainwright, Director of Contracts Administration

Supplemental Documentation Required for Fiscal Review Committee

Priscilla Wainwright *Contact 615-253-5571 *Contact Name: Phone: *Presenter’s Kelly Young, Inspector General name(s): 58133 32901-31328 Edison Contract RFS Number: (if Number: (if applicable) applicable) *Original Contract May 1, 2018 * Current April 30, 2023 Begin Date: End Date: Current Request Amendment Number: 2 (if applicable) Proposed Amendment Effective Date: August 15, 2021 (if applicable) *Department Submitting: Tennessee Department of Correction *Division: Inspector General *Date Submitted: June 9, 2021 *Submitted Within Sixty (60) days: Yes If not, explain: NA *Contract Vendor Name: Comprehensive Drug Testing, Inc. *Current Maximum Liability: $2,414,050.00 Proposed Maximum Liability: $2,414,050.00 *Estimated Total Spend for Commodities: NA *Current or Proposed Contract Allocation by Fiscal Year: (as Shown on Most Current Fully Executed Contract Summary Sheet) FY:2018 FY:2019 FY:2020 FY:2021 FY:2022 FY:2023 $0 $478,600.00 $504,900.00 $504,900.00 $504,900.00 $420,750.00 *Current Total Expenditures by Fiscal Year of Contract: (attach backup documentation from Edison) FY:2018 FY:2019 FY:2020 FY:2021 FY $ $478,507.00 $482,397.00 $355,299 $ IF Contract Allocation has been greater than Contract Expenditures, please give the NA reasons and explain where surplus funds were spent: IF surplus funds have been carried forward, please give the reasons and provide the NA authority for the carry forward provision: IF Contract Expenditures exceeded Contract Allocation, NA please give the reasons and explain how funding was

Revised April 2014 Supplemental Documentation Required for Fiscal Review Committee acquired to pay the overage: *Contract Funding Source/Amount: $2,414,050.00 State: Federal:

Interdepartmental: Other:

If “other” please define: If “interdepartmental” please define: Dates of All Previous Brief Description of Actions in Previous Amendments or Revisions: (if Amendments or Revisions: (if applicable) applicable) May 1, 2020 Revised the scope of services to reflect recent Federal mandate regarding the annual random controlled substances testing percentage rate for CY2020 and to allow the Contractor to run queries on existing and new employees on behalf of the State.

Method of Original Award: (if RFP applicable) *What were the projected costs of $1,371,245.00 the service for the entire term of the contract prior to contract The cost was determined during the RFP process. award? How was this cost determined? *List number of other potential This contract was awarded via an RFP It is in the vendors who could provide this best interest of the State to amend the current good or service; efforts to identify contract rather than looking for alternative other competitive procurement vendors. The amendment does not change the alternatives; and the reason(s) a term of the current contract or the maximum sole-source contract is in the best liability. interest of the State.

Revised April 2014 Payments against 27 a Contract Unit Sum Merchandise Amt Edison Contract ID Vendor ID Vendor Name PO ID Voucher ID Invoice Date Fiscal Year 32901 $78.00 0000000000000000000058133 0000219012 CDT Inc 0000027241 00085458 45368 7/25/2018 2019 32901 $151.00 0000000000000000000058133 0000219012 CDT Inc 0000029215 00098161 46184 5/16/2019 2019 32901 $1,243.00 0000000000000000000058133 0000219012 CDT Inc 0000027237 00085414 45466 7/31/2018 2019 32901 $3,539.00 0000000000000000000058133 0000219012 CDT Inc 0000027241 00085460 45467 8/3/2018 2019 32901 $4,618.00 0000000000000000000058133 0000219012 CDT Inc 0000028911 00095812 46348 4/2/2019 2019 32901 $4,680.00 0000000000000000000058133 0000219012 CDT Inc 0000029173 00097064 46562 4/30/2019 2019 32901 $5,824.00 0000000000000000000058133 0000219012 CDT Inc 0000027515 00087298 45541 9/19/2018 2019 32901 $6,866.00 0000000000000000000058133 0000219012 CDT Inc 0000028507 00093167 46186 2/6/2019 2019 32901 $6,895.00 0000000000000000000058133 0000219012 CDT Inc 0000027911 00089706 45672 11/15/2018 2019 32901 $7,207.00 0000000000000000000058133 0000219012 CDT Inc 0000029656 00099845 46815 7/3/2019 2019 32901 $7,218.00 0000000000000000000058133 0000219012 CDT Inc 0000029227 00098149 45834 5/21/2019 2019 32901 $7,684.00 0000000000000000000058133 0000219012 CDT Inc 0000029357 00098264 46694 5/23/2019 2019 32901 $8,380.00 0000000000000000000058133 0000219012 CDT Inc 0000028559 00093517 46188 2/14/2019 2019 32901 $9,457.00 0000000000000000000058133 0000219012 CDT Inc 0000029115 00096874 46451 4/24/2019 2019 32901 $15,030.00 0000000000000000000058133 0000219012 CDT Inc 0000027240 00085412 45468 8/17/2018 2019 32901 $15,161.00 0000000000000000000058133 0000219012 CDT Inc 0000028261 00091504 46081 1/3/2019 2019 32901 $27,656.00 0000000000000000000058133 0000219012 CDT Inc 0000027513 00087300 45543 9/19/2018 2019 32901 $30,212.00 0000000000000000000058133 0000219012 CDT Inc 0000028646 00094030 46189 2/28/2019 2019 32901 $30,844.00 0000000000000000000058133 0000219012 CDT Inc 0000029356 00098261 46693 5/23/2019 2019 32901 $31,611.00 0000000000000000000058133 0000219012 CDT Inc 0000029108 00096875 46450 4/24/2019 2019 32901 $32,838.00 0000000000000000000058133 0000219012 CDT Inc 0000028889 00095818 46347 4/2/2019 2019 32901 $32,918.00 0000000000000000000058133 0000219012 CDT Inc 0000028503 00093163 46185 2/6/2019 2019 32901 $33,402.00 0000000000000000000058133 0000219012 CDT Inc 0000029205 00098157 46561 5/21/2019 2019 32901 $37,102.00 0000000000000000000058133 0000219012 CDT Inc 0000027925 00089708 45671 11/15/2018 2019 32901 $37,370.00 0000000000000000000058133 0000219012 CDT Inc 0000029655 00099847 46816 7/3/2019 2019 32901 $37,897.00 0000000000000000000058133 0000219012 CDT Inc 0000028314 00091829 46080 1/10/2019 2019 32901 $42,626.00 0000000000000000000058133 0000219012 CDT Inc 0000027910 00089709 45835 11/15/2018 2019 Total 2019 $478,507.00

Unit Sum Merchandise Amt Edison Contract ID Vendor ID Vendor Name PO ID Voucher ID Invoice Date Fiscal Year 32901 $5,773.00 0000000000000000000058133 0000219012 CDT Inc 0000030405 00104958 47225 11/1/2019 2020 32901 $6,085.00 0000000000000000000058133 0000219012 CDT Inc 0000030398 00104955 47224 11/1/2019 2020 32901 $7,463.00 0000000000000000000058133 0000219012 CDT Inc 0000030402 00104961 47344 11/1/2019 2020 32901 $9,804.00 0000000000000000000058133 0000219012 CDT Inc 0000029780 00100881 47002 8/2/2019 2020 32901 $30,523.00 0000000000000000000058133 0000219012 CDT Inc 0000030392 00105046 47343 11/4/2019 2020 32901 $35,292.00 0000000000000000000058133 0000219012 CDT Inc 0000030381 00104991 47726 11/4/2019 2020 32901 $38,054.00 0000000000000000000058133 0000219012 CDT Inc 0000030386 00105042 47227 11/1/2019 2020 32901 $38,236.00 0000000000000000000058133 0000219012 CDT Inc 0000029908 00101391 47001 8/16/2019 2020 32901 $36,691.00 0000000000000000000058133 0000219012 CDT Inc 0000030649 00106560 47484 12/9/2019 2020 32901 $8,404.00 0000000000000000000058133 0000219012 CDT Inc 0000030669 00106696 47485 12/11/2019 2020 32901 $5,111.00 0000000000000000000058133 0000219012 CDT Inc 0000030912 00108080 47615 1/15/2020 2020 32901 $31,023.00 0000000000000000000058133 0000219012 CDT Inc 0000030911 00108081 47616 1/15/2020 2020 32901 $30,093.00 0000000000000000000058133 0000219012 CDT Inc 0000031040 00109173 47718 2/5/2020 2020 32901 $8,621.00 0000000000000000000058133 0000219012 CDT Inc 0000031024 00109171 47719 2/5/2020 2020 32901 $27,767.00 0000000000000000000058133 0000219012 CDT Inc 0000031210 00110044 47851 2/28/2020 2020 32901 $6,301.00 0000000000000000000058133 0000219012 CDT Inc 0000031218 00110045 47852 2/28/2020 2020 32901 $30,692.00 0000000000000000000058133 0000219012 CDT Inc 0000031492 00111672 48004 4/2/2020 2020 32901 $9,373.00 0000000000000000000058133 0000219012 CDT Inc 0000031539 00111945 48005 4/13/2020 2020 32901 $25,938.00 0000000000000000000058133 0000219012 CDT Inc 0000031993 00113873 48120 5/26/2020 2020 32901 $26,115.00 0000000000000000000058133 0000219012 CDT Inc 0000031999 00114459 48135 6/5/2020 2020 32901 $6,169.00 0000000000000000000058133 0000219012 CDT Inc 0000032044 00114118 48119 6/5/2020 2020 32901 $6,638.00 0000000000000000000058133 0000219012 CDT Inc 0000032046 00114445 48133 6/4/2020 2020 32901 $27,647.00 0000000000000000000058133 0000219012 CDT Inc 0000032191 00115369 48201 6/26/2020 2020 32901 $5,237.00 0000000000000000000058133 0000219012 CDT Inc 0000032222 00115370 48202 6/26/2020 2020 32901 $13,673.00 0000000000000000000058133 0000219012 CDT Inc 0000032371 00116100 48229 7/30/2020 2020 32901 $5,674.00 0000000000000000000058133 0000219012 CDT Inc 0000032359 00116102 48230 7/30/2020 2020 Total FY20 $482,397.00

Unit Sum Merchandise Amt Edison Contract ID Vendor ID Vendor Name PO ID Voucher ID Invoice Date Fiscal Year 32901 $7,986.00 0000000000000000000058133 0000219012 CDT Inc 0000032838 00118809 48333 9/30/2020 2021 32901 $34,981.00 0000000000000000000058133 0000219012 CDT Inc 0000032654 00118814 48321 9/30/2020 2021 32901 $34,507.00 0000000000000000000058133 0000219012 CDT Inc 0000032988 00119508 48449 10/15/2020 2021 32901 $8,512.00 0000000000000000000058133 0000219012 CDT Inc 0000032987 00119509 48462 10/15/2020 2021 32901 $24,453.00 0000000000000000000058133 0000219012 CDT Inc 0000033142 00120607 48562 11/9/2020 2021 32901 $6,367.00 0000000000000000000058133 0000219012 CDT Inc 0000033153 00120854 48578 11/16/2020 2021 32901 $6,476.00 0000000000000000000058133 0000219012 CDT Inc 0000033257 00121519 48721 12/2/2020 2021 32901 $33,373.00 0000000000000000000058133 0000219012 CDT Inc 0000033296 00121521 48720 12/2/2020 2021 32901 $21,540.00 0000000000000000000058133 0000219012 CDT Inc 0000033460 00122817 48838 1/7/2021 2021 32901 $4,426.00 0000000000000000000058133 0000219012 CDT Inc 0000033482 00122818 48852 1/7/2021 2020 32901 $10,027.00 0000000000000000000058133 0000219012 CDT Inc 0000033762 00123977 48987 2/5/2021 2021 32901 $36,134.00 0000000000000000000058133 0000219012 CDT Inc 0000033729 00123978 48972 2/5/2021 2021 32901 $5,795.00 0000000000000000000058133 0000219012 CDT Inc 0000033920 00125037 49104 3/4/2021 2021 32901 $21,019.00 0000000000000000000058133 0000219012 CDT Inc 0000033851 00125038 49105 3/9/2021 2021 32901 $7,299.00 0000000000000000000058133 0000219012 CDT Inc 0000034059 00126238 49270 3/30/2021 2021 32901 $17,811.00 0000000000000000000058133 0000219012 CDT Inc 0000034048 00126240 49269 3/29/2021 2021 32901 $31,753.00 0000000000000000000058133 0000219012 CDT Inc 0000034366 00127674 49381 5/5/2021 2021 32901 $7,224.00 0000000000000000000058133 0000219012 CDT Inc 0000034382 00127678 49383 5/5/2021 2021 32901 $28,063.00 0000000000000000000058133 0000219012 CDT Inc 0000034603 00128857 49527 2021 32901 $7,553.00 0000000000000000000058133 0000219012 CDT Inc 0000034643 00128856 49528 2021 Total FY21 $355,299.00

Total Payment $1,316,203.00

Relased Amount $1,316,203.00 Diff $0.00 11-14-19 AMEND REQUEST

Amendment Request This request form is not required for amendments to grant contracts. Upload the completed document and route for approvals by selecting the Amendment Request e-Form in Edison. For additional guidance, please see the e-Forms Job Aid available online at the following: https://www.teamtn.gov/cpo/learning-development/cpo-job-aids.html.

APPROVED

CHIEF PROCUREMENT OFFICER DATE

Agency request tracking # 32901-31328

1. Procuring Agency Tennessee Department of Correction

2. Contractor Comprehensive Drug Testing, Inc.

3. Edison contract ID # 58133

4. Proposed amendment # 2

5. Contract’s Original Effective Date May 1, 2018

6. Current end date April 30, 2023

7. Proposed end date April 30, 2023

8. Current Maximum Liability or Estimated Liability $ 2,414,050.00

9. Proposed Maximum Liability or Estimated Liability $ 2,414,050.00

10. Strategic Technology Solutions Pre-Approval Endorsement Not Applicable Request – information technology service (N/A to THDA) Attached

11. eHealth Pre-Approval Endorsement Request Not Applicable – health-related professional, pharmaceutical, laboratory, or imaging Attached

12. Human Resources Pre-Approval Endorsement Request Not Applicable – state employee training service Attached

13. Explain why the proposed amendment is needed The drug detection levels need to be revised to match the federal DOT levels. 14. If the amendment involves a change in Scope, describe efforts to identify reasonable, competitive, procurement alternatives to amending the contract. Drug detection levels related to random drug screens required for drivers with a commercial driver’s license (CDL) must be revised to match the federal DOT levels. This will affect all TRICOR DOT as well as TDOC DOT employees covered under the Federal Motor Carrier Safety Administration

1 of 2 11-14-19 AMEND REQUEST

Agency request tracking # 32901-31328 (FMCSA). It is in the best interest of the state to amend this current contract to reflect this change rather than looking for an alternative method.

Signature of Agency head or authorized designee, title of signatory, and date (the authorized designee may sign his or her own name if indicated on the Signature Certification and Authorization document)

2 of 2

09-20-18 AMEND-K

CONTRACT AMENDMENT COVER SHEET

Agency Tracking # Edison ID Contract # Amendment # 32901-31328 58133 58133 2

Contractor Legal Entity Name Edison Vendor ID Comprehensive Drug Testing, Inc. 219012

Amendment Purpose & Effect(s) Revise the scope of services to ensure the drug detection levels match those specified by US DOT.

Amendment Changes Contract End Date: YES NO End Date: April 30, 2023

TOTAL Contract Amount INCREASE or DECREASE per this Amendment (zero if N/A): $0.00

Funding — FY State Federal Interdepartmental Other TOTAL Contract Amount 2018 0 0 2019 $478,600.00 $478,600.00 2020 $504,900.00 $504,900.00 2021 $504,900.00 $504,900.00 2022 $504,900.00 $504,900.00 2023 $420,750.00 $420,750.00

TOTAL: $2,414,050.00 $2,414,050.00

Budget Officer Confirmation: There is a balance in the CPO USE appropriation from which obligations hereunder are required to be paid that is not already encumbered to pay other obligations.

Speed Chart (optional) Account Code (optional)

09-20-18 AMEND-K

AMENDMENT TWO OF CONTRACT 58133

This Amendment is made and entered by and between the State of Tennessee, Department of Correction, hereinafter referred to as the “State” and Comprehensive Drug Testing, Inc., hereinafter referred to as the “Contractor.” For good and valuable consideration, the sufficiency of which is hereby acknowledged, it is mutually understood and agreed by and between said, undersigned contracting parties that the subject contract is hereby amended as follows:

1. Contract section A.4.f.3.a. is deleted in its entirety and replaced with the following:

A.4.f.3.a.

The Contractor shall provide a twelve (12) panel drug screen on urine samples (or by alternate means as in Section A.4.d.) by using an immunoassay in a laboratory meeting US DOT requirements as detailed in US DOT Rule 49 CFR Part 40 Section 40.87.

All drug testing bids must show detection levels as detailed in USDOT Rule 49 CFR Part 40 Section 40.87 and as may be amended. In the event that USDOT revises its cutoff concentrations, the Contractor shall notify the State before beginning to test at newly revised levels.

Required Approvals. The State is not bound by this Amendment until it is signed by the contract parties and approved by appropriate officials in accordance with applicable Tennessee laws and regulations (depending upon the specifics of this contract, said officials may include, but are not limited to, the Commissioner of Finance and Administration, the Commissioner of Human Resources, and the Comptroller of the Treasury).

Amendment Effective Date. The revisions set forth herein shall be effective August 15, 2021. All other terms and conditions of this Contract not expressly amended herein shall remain in full force and effect.

IN WITNESS WHEREOF,

COMPREHENSIVE DRUG TESTING, INC.:

SIGNATURE DATE

PRINTED NAME AND TITLE OF SIGNATORY (above)

TENNESSEE DEPARTMENT OF CORRECTION:

TONY PARKER, COMMISSIONER DATE

1 Hey Leni!

Chairman Travis has approved the language change- you may move forward with the revised language without bringing it back before the committee.

Thank you! Stay safe!

Meagan

On Mar 20, 2020, at 8:50 AM, Leni Chick wrote:

Good morning Meagan

I hope you and yours are staying safe in these times.

First, we want to thank you and the Committee for allowing us to proceed with the proposed amendment for CDT. Our Legal Department has been in conversations with the Attorney General’s Office regarding accommodations the Department needs to make for offenders with disabilities. It is the recommendation of AG counsel that the Department act promptly by making certain that we are able to comply with these requirements. It is recommended that we add the following language to all amendments, new contracts, etc.:

Goods and services furnished by the vendor under this procurement must be in compliance with the accessibility standards set forth in 28 CFR § 35.160 as to persons with disabilities and their accommodation needs with respect to being able to communicate effectively with others.

We have added this language to the proposed CDT amendment – the section is highlighted in the attached document. Please advise if we can move forward with this revised amendment or if it will need to be presented to the Committee.

As always, thank you for your assistance. Leni

From: Krista Lee Carsner [mailto:[email protected]] Sent: Monday, March 16, 2020 4:01 PM To: Heather Iverson; Alison Cleaves; Sandra Braber-Grove; Sonya Hadley; Shoney Naquin; Torrey S. Grimes; Shannon Mohundro Cc: Ron Travis; Meagan Jones; Veronica Peters Subject: Contracts scheduled for the March 26, 2020 Fiscal Review Committee meeting

Following the guidance of Speaker Sexton, Lt. Gov. McNally, and Governor Lee, the Fiscal Review Committee is postponing the March 26, 2020 meeting until a future date as yet to be determined. Chairman Travis has agreed to waive the requirement for the following contracts to be reviewed by the Fiscal Review Committee prior to their effective dates:

 RFS# 309.01-34617 Department of Treasury with Acadian Asset Management, LLC effective date 3/30/2020  RFS# 349.01-00405 Department of Safety and Homeland Security with Intelligent Imaging Systems, Inc. effective 4/01/2020  RFS# 329.01-31328 Department of Correction with Comprehensive Drug Testing, Inc. effective 05/01/2020

Agency Term:  Edison # 50550 Department of Safety and Homeland Security

Statewide Contracts:  Edison # 51226 Department of Finance and Administration STS  Edison # 44824 Departments of Agriculture, Correction, Commerce and Insurance, and General Services

Please let me know if you have any questions or concerns.

Best, Krista

Krista Lee Carsner Executive Director Fiscal Review Committee Tennessee General Assembly 425 Fifth Ave. North Suite G 102 Cordell Hull Bldg. Nashville, TN 37243 (615) 532-9941 [email protected]

Supplemental Documentation Required for Fiscal Review Committee

Priscilla Wainwright *Contact 615-253-5571 *Contact Name: Phone: *Presenter’s Torrey Grimes, Legislative Liaison & Staff Attorney name(s): 58133 32901-31328 Edison Contract RFS Number: (if Number: (if applicable) applicable) *Original Contract May 1, 2018 * Current April 30, 2023 Begin Date: End Date: Current Request Amendment Number: 1 (if applicable) Proposed Amendment Effective Date: May 1, 2020 (if applicable) *Department Submitting: Tennessee Department of Correction *Division: Fiscal Services *Date Submitted: February 20, 2020 *Submitted Within Sixty (60) days: Yes If not, explain: NA *Contract Vendor Name: Comprehensive Drug Testing, Inc. *Current Maximum Liability: $1,371,345.00 Proposed Maximum Liability: $2,414,050.00 *Estimated Total Spend for Commodities: NA *Current or Proposed Contract Allocation by Fiscal Year: (as Shown on Most Current Fully Executed Contract Summary Sheet) FY:2018 FY:2019 FY:2020 FY:2021 FY:2022 FY:2023 $159,990.25 $274,269.00 $274,269.00 $274,269.00 $274,269.00 $114,278.75 *Current Total Expenditures by Fiscal Year of Contract: (attach backup documentation from Edison) FY:2018 FY:2019 FY:2020 FY: FY $ $478,507.00 $252,459.00 $ $ IF Contract Allocation has been greater than Contract Expenditures, please give the NA reasons and explain where surplus funds were spent: IF surplus funds have been carried forward, please give the reasons and provide the NA authority for the carry forward provision: IF Contract Expenditures exceeded Contract Allocation, NA please give the reasons and explain how funding was

Revised April 2014 Supplemental Documentation Required for Fiscal Review Committee acquired to pay the overage: *Contract Funding Source/Amount: $1,371,245.00 State: Federal:

Interdepartmental: Other:

Method of Original Award: (if RFP applicable) *What were the projected costs of $1,371,245.00 the service for the entire term of the contract prior to contract The cost was determined during the RFP process. award? How was this cost determined? *List number of other potential This contract was awarded via an RFP It is in the vendors who could provide this best interest of the State to amend the current good or service; efforts to identify contract rather than looking for alternative other competitive procurement vendors. The amendment does not change the alternatives; and the reason(s) a term of the current contract. sole-source contract is in the best interest of the State.

Revised April 2014 Payments against a 27Contract Unit Sum Merchandise Amt Edison Contract ID Vendor ID Vendor Name PO ID Voucher ID Invoice Date Fiscal Year 32901 $78.00 0000000000000000000058133 0000219012 CDT Inc 0000027241 00085458 45368 7/25/2018 2019 32901 $151.00 0000000000000000000058133 0000219012 CDT Inc 0000029215 00098161 46184 5/16/2019 2019 32901 $1,243.00 0000000000000000000058133 0000219012 CDT Inc 0000027237 00085414 45466 7/31/2018 2019 32901 $3,539.00 0000000000000000000058133 0000219012 CDT Inc 0000027241 00085460 45467 8/3/2018 2019 32901 $4,618.00 0000000000000000000058133 0000219012 CDT Inc 0000028911 00095812 46348 4/2/2019 2019 32901 $4,680.00 0000000000000000000058133 0000219012 CDT Inc 0000029173 00097064 46562 4/30/2019 2019 32901 $5,824.00 0000000000000000000058133 0000219012 CDT Inc 0000027515 00087298 45541 9/19/2018 2019 32901 $6,866.00 0000000000000000000058133 0000219012 CDT Inc 0000028507 00093167 46186 2/6/2019 2019 32901 $6,895.00 0000000000000000000058133 0000219012 CDT Inc 0000027911 00089706 45672 11/15/2018 2019 32901 $7,207.00 0000000000000000000058133 0000219012 CDT Inc 0000029656 00099845 46815 7/3/2019 2019 32901 $7,218.00 0000000000000000000058133 0000219012 CDT Inc 0000029227 00098149 45834 5/21/2019 2019 32901 $7,684.00 0000000000000000000058133 0000219012 CDT Inc 0000029357 00098264 46694 5/23/2019 2019 32901 $8,380.00 0000000000000000000058133 0000219012 CDT Inc 0000028559 00093517 46188 2/14/2019 2019 32901 $9,457.00 0000000000000000000058133 0000219012 CDT Inc 0000029115 00096874 46451 4/24/2019 2019 32901 $15,030.00 0000000000000000000058133 0000219012 CDT Inc 0000027240 00085412 45468 8/17/2018 2019 32901 $15,161.00 0000000000000000000058133 0000219012 CDT Inc 0000028261 00091504 46081 1/3/2019 2019 32901 $27,656.00 0000000000000000000058133 0000219012 CDT Inc 0000027513 00087300 45543 9/19/2018 2019 32901 $30,212.00 0000000000000000000058133 0000219012 CDT Inc 0000028646 00094030 46189 2/28/2019 2019 32901 $30,844.00 0000000000000000000058133 0000219012 CDT Inc 0000029356 00098261 46693 5/23/2019 2019 32901 $31,611.00 0000000000000000000058133 0000219012 CDT Inc 0000029108 00096875 46450 4/24/2019 2019 32901 $32,838.00 0000000000000000000058133 0000219012 CDT Inc 0000028889 00095818 46347 4/2/2019 2019 32901 $32,918.00 0000000000000000000058133 0000219012 CDT Inc 0000028503 00093163 46185 2/6/2019 2019 32901 $33,402.00 0000000000000000000058133 0000219012 CDT Inc 0000029205 00098157 46561 5/21/2019 2019 32901 $37,102.00 0000000000000000000058133 0000219012 CDT Inc 0000027925 00089708 45671 11/15/2018 2019 32901 $37,370.00 0000000000000000000058133 0000219012 CDT Inc 0000029655 00099847 46816 7/3/2019 2019 32901 $37,897.00 0000000000000000000058133 0000219012 CDT Inc 0000028314 00091829 46080 1/10/2019 2019 32901 $42,626.00 0000000000000000000058133 0000219012 CDT Inc 0000027910 00089709 45835 11/15/2018 2019

FY19 $478,507.00 Unit Sum Merchandise Amt Edison Contract ID Vendor ID Vendor Name PO ID Voucher ID Invoice Date Fiscal Year 32901 $5,773.00 0000000000000000000058133 0000219012 CDT Inc 0000030405 00104958 47225 11/1/2019 2020 32901 $6,085.00 0000000000000000000058133 0000219012 CDT Inc 0000030398 00104955 47224 11/1/2019 2020 32901 $7,463.00 0000000000000000000058133 0000219012 CDT Inc 0000030402 00104961 47344 11/1/2019 2020 32901 $9,804.00 0000000000000000000058133 0000219012 CDT Inc 0000029780 00100881 47002 8/2/2019 2020 32901 $30,523.00 0000000000000000000058133 0000219012 CDT Inc 0000030392 00105046 47343 11/4/2019 2020 32901 $35,292.00 0000000000000000000058133 0000219012 CDT Inc 0000030381 00104991 47726 11/4/2019 2020 32901 $38,054.00 0000000000000000000058133 0000219012 CDT Inc 0000030386 00105042 47227 11/1/2019 2020 32901 $38,236.00 0000000000000000000058133 0000219012 CDT Inc 0000029908 00101391 47001 8/16/2019 2020 32901 $36,691.00 0000000000000000000058133 0000219012 CDT Inc 0000030649 00106560 47484 12/9/2019 2020 32901 $8,404.00 0000000000000000000058133 0000219012 CDT Inc 0000030669 00106696 47485 12/11/2019 2020 32901 $31,023.00 0000000000000000000058133 0000219012 CDT Inc 0000030911 00108081 47616 1/15/2020 2020 32901 $5,111.00 0000000000000000000058133 0000219012 CDT Inc 0000030912 00108080 47616 12/11/2019 2020

FY 20 $252,459.00

Total Payment $730,966.00

Released Amount $730,966.00

Diff $0.00

Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices 71527

DEPARTMENT OF TRANSPORTATION West Building 6th Floor, 1200 New Carrier Policies of Insurance for Public Jersey Avenue SE, Washington, DC Liability (Forms MCS–90/90B) and the Federal Motor Carrier Safety 20590. Telephone: 202–385–2367; Motor Carrier Public Liability Surety Administration email: [email protected]. Office hours Bond (Forms MCS–82/82B) contain the [Docket No. FMCSA–2019–0191] are from 9 a.m. to 5 p.m., Monday minimum amount of information through Friday, except Federal necessary to document that a motor Agency Information Collection Holidays. carrier of property or passengers has Activities; Renewal of a Currently- SUPPLEMENTARY INFORMATION: obtained, and has in effect, the Approved Information Collection Title: Financial Responsibility for minimum levels of financial Request: Financial Responsibility for Motor Carriers of Passengers and Motor responsibility as set forth in applicable Motor Carriers of Passengers and Carriers of Property. regulations (motor carriers of property— Motor Carriers of Property OMB Control Number: 2126–0008. 49 CFR 387.9; and motor carriers of Type of Request: Renewal of a passengers—49 CFR 387.33). FMCSA AGENCY: Federal Motor Carrier Safety and the public can verify that a motor Administration (FMCSA), DOT. currently-approved information collection. carrier of property or passengers has ACTION: Notice and request for Respondents: Insurance underwriters obtained, and has in effect, the required comments. for insurance and surety companies of minimum levels of financial motor carriers of property (Forms MCS– responsibility, by use of the information SUMMARY: In accordance with the enclosed within these documents. Paperwork Reduction Act of 1995, 90 and MCS–82) and passengers (Forms MCS–90B and MCS–82B), motor carrier The 60-day Federal Register notice FMCSA announces its plan to submit (84 FR 52164) published on October 1, the Information Collection Request (ICR) clerks employed by motor carriers (storing/maintaining insurance and/or 2019, announced FMCSA’s intent to described below to the Office of submit the Financial Responsibility of Management and Budget (OMB) for its surety bond documentation), and vehicle maintenance staff employed by Motor Carriers of Passengers and Motor review and approval and invites public Carriers of Property clearance process to comment. The information collected Canadian and Mexican/non-North- American (NNA) domiciled motor OMB for approval and requested will be used to help ensure that motor comments from the public for 60 days. carriers of passengers and property carriers (placing copies of documentation in vehicles). The FMCSA received two comments in maintain appropriate levels of financial response to the 60-day Federal Register responsibility. Estimated Number of Respondents: 202,458. notice. One was from an anonymous DATES: We must receive your comments Estimated Time per Response: commenter which was not relevant to on or before January 27, 2020. FMCSA estimates it takes 2 minutes to the information collection. The National ADDRESSES: All comments should complete the Endorsement for Motor School Transportation Association reference Federal Docket Management Carrier Policies of Insurances for Public submitted a letter supporting the System (FDMS) Docket Number Liability (Forms MCS–90 for property Agency’s proposal to renew the FMCSA–2019–0191. Interested persons carriers and MCS–90B for passenger information collection. are invited to submit written comments carriers) or the Motor Carrier Public Public Comments Invited: You are on the proposed information collection Liability Surety Bond (Forms MCS–82 asked to comment on any aspect of this to the Office of Information and for property carriers and MCS–82B for information collection, including: (1) Regulatory Affairs, Office of passenger carriers); 1 minute to store/ Whether the proposed collection is Management and Budget. Comments maintain documents at the motor necessary for the FMCSA to perform its should be addressed to the attention of carrier’s place of business [49 CFR functions; (2) the accuracy of the the Desk Officer, Department of 387.7(d); 49 CFR 387.31(d)]; and 1 estimated burden; (3) ways for the Transportation/Federal Motor Carrier minute to place either document on FMCSA to enhance the quality, Safety Administration, and sent via board the vehicle, required for Canadian usefulness, and clarity of the collected _ electronic mail to oira submission@ and Mexican/NNA carriers operating in information; and (4) ways that the omb.eop.gov, or faxed to (202) 395– the United States [49 CFR 387.7(f); burden could be minimized without 6974, or mailed to the Office of 387.31(f)]. reducing the quality of the collected Information and Regulatory Affairs, Expiration Date: January 31, 2020. information. Office of Management and Budget, Frequency of Response: Upon Issued under the authority delegated in 49 Docket Library, Room 10102, 725 17th creation, change, or replacement of an CFR 1.87 on December 19, 2019. Street NW, Washington, DC 20503. In insurance policy or surety bond. Kelly Regal, the 60-day Federal Register notice (84 Estimated Total Annual Burden: Associate Administrator for Office of FR 52164) published on October 1, 5,739 hours [4,931 annual burden hours Research and Information Technology. 2019, FMCSA received two comments. for ICs 1–4 + 808 annual burden hours [FR Doc. 2019–27900 Filed 12–26–19; 8:45 am] One was from an anonymous for IC–5 document placement in BILLING CODE 4910–EX–P commenter which was not relevant to vehicles = 5,739]. the information collection. The National Background: The Secretary of School Transportation Association Transportation is responsible for DEPARTMENT OF TRANSPORTATION submitted a letter supporting the implementing regulations which Agency’s proposal to renew the establish minimal levels of financial Federal Motor Carrier Safety information collection. responsibility for: (1) For-hire motor Administration FOR FURTHER INFORMATION CONTACT: Mr. carriers of property to cover public Annual Random Controlled Jeff Secrist, Office of Registration and liability, property damage and Substances Testing Percentage Rate Safety Information, Chief, Registration, environmental restoration, and (2) for- for Calendar Year 2020 Licensing and Insurance Division, hire motor carriers of passengers to Department of Transportation, Federal cover public liability and property AGENCY: Federal Motor Carrier Safety Motor Carrier Safety Administration, damage. The Endorsement for Motor Administration (FMCSA), DOT.

VerDate Sep<11>2014 18:44 Dec 26, 2019 Jkt 250001 PO 00000 Frm 00180 Fmt 4703 Sfmt 4703 E:\FR\FM\27DEN1.SGM 27DEN1 jbell on DSKJLSW7X2PROD with NOTICES 71528 Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices

ACTION: Notice of program change. rate is equal to or greater than 1 percent, percent annual random testing rate, the FMCSA Administrator will increase approximately 2.1 million random SUMMARY: The FMCSA announces that it the minimum annual percentage rate for controlled substances tests will need to is increasing the minimum annual random controlled substances to 50 be conducted in calendar year 2020. percentage rate for random controlled percent for all driver positions (49 CFR The new minimum annual percentage substances testing for drivers of 382.305(h)). The new annual random rate for random drug testing will be commercial motor vehicles (CMVs) testing percentage rate would then effective January 1, 2020. This change requiring a commercial driver’s license apply starting January 1 of the following reflects the increased positive test rate (CDL) from the current rate of 25 calendar year. and will result in an estimated $50 to 70 percent of the average number of driver In accordance with 49 CFR 382.403, million increase in costs to the industry positions to 50 percent of the average each calendar year FMCSA requires by requiring that more drivers be tested. number of driver positions, effective in motor carriers selected for the survey to calendar year 2020. The FMCSA submit their DOT drug and alcohol Minimum Annual Percentage Rates for Administrator must increase the testing program results. Selected motor Random Controlled Substances Testing minimum annual random testing carriers are responsible for ensuring the for 2020 percentage rate when the data received completeness, accuracy, and timeliness Beginning January 1, 2020, the under the reporting requirements for of the data submitted. The survey minimum annual percentage rate for any calendar year indicate that the requires motor carriers to provide random controlled substances testing is reported positive rate is equal to or information to the Agency on the 50 percent of the average number of greater than 1.0 percent. Based on the number of random tests conducted and driver positions. The minimum annual results of the 2018 FMCSA Drug and the corresponding positive rates. percentage rate for random alcohol Alcohol Testing Survey, the positive For the 2018 survey, forms were sent testing will remain at 10 percent. rate for controlled substances random to 4,480 randomly selected motor testing increased to 1.0 percent. carriers. Of these forms, 1,908 were Issued on: December 20, 2019. Therefore, the Agency will increase the completed and returned to FMCSA, Elaine L. Chao, controlled substances minimum annual resulting in usable data from 1,552 Secretary. percentage rate for random controlled carriers (comprising of 300,635 CDL [FR Doc. 2019–28164 Filed 12–26–19; 8:45 am] substances testing to 50 percent of the drivers) for random controlled BILLING CODE 4910–EX–P average number of driver positions. substance testing. Respondents DATES: Beginning January 1, 2020, the providing non-usable data represent minimum annual percentage rate for entities that are out of business, exempt, DEPARTMENT OF TRANSPORTATION have no testing program in place, or random controlled substances testing, Federal Transit Administration for drivers of commercial motor vehicles belong to consortia that did not test any (CMVs) requiring a commercial driver’s drivers for the carrier during 2018. The estimated positive random Limitation on Claims Against Proposed license (CDL), will be 50 percent. controlled substance test rate in 2018 is Public Transportation Projects FOR FURTHER INFORMATION CONTACT: Mr. 1 percent. The 95-percent confidence Juan Moya, Drug and Alcohol Program AGENCY: Federal Transit Administration interval for this estimate ranges from 0.9 (FTA), DOT. Manager, Compliance Division, Federal to 1.1 percent. In other words, if the ACTION: Motor Carrier Safety Administration, survey were to be replicated, it would Notice. 1200 New Jersey Avenue SE, be expected that the confidence interval SUMMARY: This notice announces final Washington, DC 20590, 202–366–4844 derived from each replication would or [email protected]. environmental actions taken by the contain the true usage rate in 95 out of Federal Transit Administration (FTA) SUPPLEMENTARY INFORMATION: 100 surveys. For 2016 and 2017, the for projects in Denver, Colorado, Background estimated positive usage rate for drugs Portland, Oregon, and Las Vegas, was estimated to be 0.7 percent and 0.8 Nevada. The purpose of this notice is to The final rule titled, ‘‘Controlled percent, respectively. A more detailed announce publicly the environmental Substances and Alcohol Use and discussion of the 2018 drug and alcohol decisions by FTA on the subject projects Testing,’’ published August 17, 2001, testing survey results can be found in and to activate the limitation on any (66 FR 43097), established the process the Analysis Brief included in the claims that may challenge these final by which the Agency determines docket for this Notice. environmental actions. whether the minimum annual percentage rate for random controlled Part 382 Compliance DATES: By this notice, FTA is advising substances testing should be increased Based on the 2018 survey results, the the public of final agency actions or decreased. The final rule included a estimated percentage of subject motor subject to 23 U.S.C. 139(l). A claim provision indicating that the decision carriers with random controlled seeking judicial review of FTA actions on whether to increase or decrease the substance and alcohol testing programs announced herein for the listed public percentage rate would be based upon in place is 94 percent, and the estimated transportation projects will be barred the motor carrier industry’s overall percentage of all CDL drivers unless the claim is filed on or before positive random controlled substance participating in such programs is 99 May 26, 2020. test rate, as reported by motor carrier percent. FMCSA estimates there are 3.2 FOR FURTHER INFORMATION CONTACT: employers to FMCSA, pursuant to 49 million CDL holders operating in Nancy-Ellen Zusman, Assistant Chief CFR 382.403. Under this performance- interstate commerce and 1 million CDL Counsel, Office of Chief Counsel, (312) based system, when the minimum holders operating in intrastate 353–2577 or Juliet Bochicchio, annual percentage rate for random commerce. With this population, at least Environmental Protection Specialist, controlled substances testing is 25 1.05 million random controlled Office of Environmental Programs, (202) percent, and the data received under the substances tests would be conducted 366–9348. FTA is located at 1200 New reporting requirements for any calendar with an annual random testing rate of 25 Jersey Avenue SE, Washington, DC year indicate that the reported positive percent of all driving positions. At a 50 20590. Office hours are from 9:00 a.m.

VerDate Sep<11>2014 18:44 Dec 26, 2019 Jkt 250001 PO 00000 Frm 00181 Fmt 4703 Sfmt 4703 E:\FR\FM\27DEN1.SGM 27DEN1 jbell on DSKJLSW7X2PROD with NOTICES

DocuSign Envelope ID: A4B858F7-4000-457F-8872-004B17496FAC

CONTRACT ~;<; . "' (fee-for-goods or services contract with an Individual, business, non-profit, or governmental entity of another . state) ' flj~ . . Begin Date End Date Agency Tracking# Edison Record ID I May 1, 2018 April 30, 2023 32901-31328 58133 I Contractor Legal Entity Name Edison Vendor ID J Comprehensive Drug Testing, Inc. 219012 Goods or Services Caption (one line only) Employee Drug Testing I Contractor CFDA# t [gJ Contractor

Funding - FY State Federal Interdepartmental Other TOTAL Contract Amount 2018 $159,990.25 $159,990.25 I 2019 $274,269.00 $274,269.00 2020 $274,269.00 $274,269.00 2021 $274,269.00 $274,269.00 2022 $274,269.00 $274,269.00 2023 $114,278.75 $114,278.75

TOTAL: $1,371,345.00 $1,371,345.00

Contractor Ownership Characteristics: 0 Minority Business Enterprise (MBE): 0 African American 0 Asian American 0 Hispanic American 0 Native American ~Woman Business Enterprise (WBE) 0 Tennessee Service Disabled Veteran Enterprise (SDVBE) 0 Disabled Owned Business (DSBE) 0 Tennessee Small Business Enterprise (SBE): $10,000,000.00 averaged over a three (3) year period or employs no more than ninety-nine (99) employees. 0 Government 0 Non-Minority/Disadvantaged 0 Other: Selection Method & Process Summary (mark the correct response to confirm the associated summary)

~ Competitive Selection RFP

0 Other

Budget Officer Confirmation: There is a balance in the appropriation from which obligations hereunder are required to be . paid !hat is not already encumbered to pay other obligations. ~(!~

Speed Chart (optional) Account Code (optional)

F. Commercial Driver's License (CDL) : Conducted in accordance Vvith the Federal Department of Transportation (DOT) for all Licensed Commercial Driver's License.

G. Community Supervision - Non-incarcerated offenders who are under probation, parole or determinate release supervision by TDOC

H. Confirmation Test: A second analytical procedure to identify the presence of alcohol or a specific drug or its metabolites in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity and quantitative accuracy.

I. Department: The Tennessee Department of Correction.

J. Department of Health and Human Services CDHHS): The Federal agency charged with enhancing and protecting the health and well-being of all Americans by providing for effective health and human services and fostering advances in medicine, public health, and social services. SAMSHA as defined below is part of DHHS.

K. Employee: For purposes of this contract, any person employed full-time or part-time by the Department of Correction.

L. Emolovee Assistance Program (EAP): An established program capable of providing expert assessment of employee personal concerns; confidential and timely identification services regarding employee drug or alcohol abuse; referrals of employees for appropriate diagnosis, treatment, and assistance; and follow-up services for employees who participate in the program or require monitoring after returning to work.

M. Employee Drug Testing Coordinator (EDTC): Individual appointed by the Commissioner to administer the Department's employee drug testing program.

N. Evidential Breath Testing (EBTl (Breath Tester-Alcohol Testing): The analysis of breath which determines the presence and level or absence of alcohol as authorized by the U.S. Department of

Transportation in its rules and guidelines concerning alcohol testing and drug testing. '• ;=.. 0. Initial Drug or Alcohol Test: The first alcohol or drug-screening test to determine the presence or absence of alcohol or drugs or their metabolites in a specimen(s).

P. Job Applicant A person who has applied for a position within the Tennessee Department of Correction and has been offered employment conditioned upon successfully passing a drug or alcohol test, and may have begun work pending the results of the drug or alcohol test.

Q. Medical Review Officer (MRQ): A licensed physician who (1) meets all qualifications in 49 C.F.R. 40, (2) has knowledge of substance abuse disorders, laboratory testing procedures and, chain of custody collection procedures, (3) possesses medical training to interpret and evaluate positive test results in relation to the individual's medical history or other relevant biomedical information, and (4) is responsible for receiving laboratory results generated by the Department's drug and alcohol testing program and verifying positive and confirmed test results.

R. Reasonable Suspicion: A belief based on specific, objective, articulable facts and the reasonable inferences that may be drawn from those facts, or knowledge sufficient under the circumstances, to cause an ordinary prudent and cautious person to believe that an employee used or is using illegal drugs or alcohol.

S. Split Specimen: The procedure by which each urine specimen is divided in two and put into a primary specimen container and a secondary, or "splif', specimen container. Only the primary specimen is opened and used for the initial screening and confirmation test. The split specimen container remains sealed and is stored at the testing laboratory.

T. Substance Abuse and Mental Health Services Administration (SAMHSA): A Federal agency within the U.S. Department of Health and Human Services created to focus attention, programs, and iii funding on improving the lives of people with or who are at risk for mental and substance abuse I disorders_

U. Tennessee Drug-Free Workplace Act: T.CA. §§ 50-9-101 through -115 and the rules adopted by the Department of Labor and Workforce Development thereunder, as the same may be revised from time to time. V. Toxicology Test: A test used to check for drugs or other chemicals in blood, urine or saliva. Drugs I may include prescription medicines, nonprescription medicines such as aspirin, supplements, alcohol I or illegal drugs.

A.4. Description of Services: I l- a. Supplies: The Contractor shall provide all necessary collection, identification and testing supplies and materials for the TDOC employee drug and alcohol testing program, including, but not limited to, containers, chain-of -custody and report forms, and evidence tape.

b. Collection Sites: The Contractor shall provide collection sites for the TDOC employee drug and alcohol testing program.

I 1. At a minimum, the Contractor shall provide on-site urine specimen collection for drug testing, and EBT for alcohol testing at the facility locations identified in the TDOC Facility and Community Supervision Office Map, Attachment Two, and Worksite Location I Addresses, Attachment Three, of this Contract. The Contractor shall r:nake locations available so that Community Supervision staff, once notified that they have been .1, randomly selected or otherwise noted for testing, can report immediately as mandated by J TDOC Policy# 302.12 as may be amended (Attachment Four). {

2. The Contractor shall also provide testing services 24 hours per day, 7 days per week for ·I unscheduled post-accident and reasonable suspicion testing. The Contractor shall provide a representative with a cell phone, a backup cell phone or other acceptable electronic communications device and access to available collection sites to serve as the I contact for the State when coli ection services are required for post-accident or reasonable. suspicion testing outside the operating hours of the established collection 1 sites. Collection sites are subject to the prior written approval of the State. c. Collection Procedures: I 1. The Contractor shall collect specimens and all samples in accordance with Tenn. Comp. Reg. 0800-2-12 and DHHS/SAMHSA or United States Department of Transportation l regulations, and must be collected according to those prescribed procedures using the split specimen method. I 2. The Contractor shall use the chain of custody test request form developed by the Tennessee Department of Labor specifically for the Tennessee Drug-Free Workplace program. The Contractor shall provide adequate copies of the form at each TDOC location.

3. The Contractor shall provide at each TDOC location adequate copies of a form for employees to provide information they consider relevant to the test, including the identification of currently or recently used prescription or nonprescription medication or other information.

d. Alternative Testing Method: There may be extenuating medical conditions (e.g., dehydration, kidney problems, medications, etc.) that preclude the giving of a urine sample. In such cases, the Contractor will provide alternative drug testing, at the contract rate, for staff who have a documented medical condition that prohibits them from supplying a sample in the standard manner. Written approval of the TDOC Commissioner or his designee is required for this alternative testing.

.•• 1-- - • I - ]~ ... . '!· I . ; .:?it :::!! :q . . ,,f . 1 e. Transportation of Specimens: The Contractor shall provide for the transportation of specimens I from the collection sites to a SAMHSA certified laboratory. Transportation of the specimen to the i laboratory shall be in accordance with the Tennessee Drug-Free Workplace Act and DHHS/SAMHSA or United States Department of Transportation regulations. The Contractor shall t ensure that bodily fluid specimens are delivered to the testing laboratory within forty-eight (48) I hours of time of collection. f. Testing: The Contractor shall provide drug and alcohol testing in accordance with the requirements of the Tennessee Drug Free Workplace Act and 49 C.F.R. 40 at a SAMHSA I certified laboratory.

1. The Contractor shall conduct employee drug and alcohol tests in the following categories: I l a. New job applicant testing: drug testing only;

b. Post-accident testing: drug & alcohol testing;

c. Random testing of employees in positions determined to be safety-sensitive by the Department: drug & alcohol testing;

d. Reasonable suspicion testing: drug & alcohol testing;

e. Return to duty testing: drug & alcohol testing;

.f. COL testing for Transportation Officers, as specified in A.4.2.b.; and

g. Follow up testing: drug & alcohol.

2. Testing shall be conducted both during normal business hours (8 a.m.- 5 p.m. Monday- Friday local time) and after hours (5 p.m. to 8 a.m. local time Monday-Friday, Saturday, Sunday and holidays).

3. The Contractor shall provide a twelve (12) panel drug screen on urine samples (or by alternate means as in Section A.4.d.) by using an immunoassay in a laboratory meeting the requirements of the Tennessee Drug Free Workplace Act. All drug testing bids must show detection levels in the parameters indicated below or lower detection levels. The following drugs shall be tested:

a DETECTION LEVEL CODE DRUG SCREEN GC/MS Expanded Amphetamine AMP 400-200 ng/ml 100-75 ng/ml (including MDA and/or MDMA) BAR Barbiturates 300-200 ng/mL 150-100 nglmL BZO Benzodiazepines 300-200 ng/mL 150-75 nglml coc Cocaine 200-150 ng/ml 100-50 nglml MTD Methadone 300-200 ng/ml 150-1 00 ngfmL MAMP Methamphetamine 500-300 ng/ml 100-75ng/mL OPI Opiates 200-100 ng/mL 75-50 ng/mL O)zy Oxycodone 200-100 ng/mL 75-50 ng/mL PCP Phencyclidine 25-15 ng/ml 10-5 ng/mL PPX Propoxyphene 400-200 ng/mL 150-1 00 ng/ml THC Cannabinoids 50-30 ng/ml 10-2 ng/mL BUP Buprenorphine 10-5 ng/mL 5-2 nglmL

v. b. COL drug testing shall be governed exclusively by 49 Code of Federal Regulations (C.F.R.) Part 40, currently a five (5) panel, as appropriate.

4. The Contractor shall provide a confirmatory test on all positive drug screens by using the Gas Chromatography/Mass Spectrometry (GC/MS) method in a laboratory meeting the requirements of the Tennessee Drug-Free Workplace Act 49 Code of Federal Regulations (C.F.R.) Part 40, as appropriate.

5. The Contractor shall provide alcohol testing in accordance with the Tennessee Drug-Free Workplace Act and 49 C.F.R. 40 using Evidential Breath Testing. The following threshold level shall be used:

Confirmatory Test Cutoff Concentration .04 g/21 0 liters breath

6. The Contractor shall not charge for additional testing, handling of, confirmatory testing, rejected specimens or those otherwise unfit for testing.

g. Selection of Employees for Random Testing: Each month, the Contractor shall randomly select two and one half per cent (2.5%) of employees subject to random drug and alcohol testing and administer the random drug and alcohol testing program as prescribed in writing by TDOC. The State shall provide to the Contractor a data file containing the first and last name of all current TDOC employees subject to random testing, the employee's work.site, and a unique identifying •, number In a fixed-width or delimited file format. From this data the Contractor shall provide to the EDTC, in the same format, a listing by location of those employees randomly selected for testing. The Contractor shall also provide in the same format a listing by location of test results including the test results data. The Contractor's method of random selection shall meetthe requirements set by the Tennessee Drug Free Workplace Act. 49 Code of Federal Regulations (C.F.R.) Part 40, as appropriate, TDOC Policy# 302.12, and will comply with TDOC directive as to the number of employees tested. The Contractor must provide documentation of the validity of their random selection software. ! •I' h. Medical Review Officer Services: The Contractor shall provide the services of a qualified Medical "! Review Officer. ';

1. The MRO must be certified and demonstrate a proven record of experience in providing MRO services. The Contractor must provide to the State copies of certifications the MRO has obtained, as well as the number and scope of similar services provided, if any.

2. The MRO shall be responsible for performing all reviewing, notification and reporting requirements of 49 CFR 40. i. Reporting and Records Retention:

1. The Contractor shall electronically report all testing scheduled and completed. In addition, all positive results or adulterated drug screens shall be reported to the EDTC by the MRO or a MRO assistant.

2. The Contractor shall provide all reporting in accordance with DHHS/SAMHSA regulations and any additional reports that may be requested by the State. Quarterly reports must include all tests that are "not specified" in one of the six primary "reason to testft categories.

3. The Contractor shall provide records related to the collection process (for example, collection logbooks; documents relating to the random selection process; calibration documentation for evidential breath testing devices; and documentation of breath alcohol technician training) to TDOC.

4. The Contractor shall maintain all dated records and notifications, identified by individual, in accordance with the Tennessee Drug-Free Workplace Act and the guidelines described in 49 CFR 40 for controlled substances and alcohol testing. This process shall

vi include maintaining required records concerning the collection process and test results for at least five (5) years for a positive test and at least one (1) year for a negative test. The Contractor shall assure that all positive urine specimens are retained by the drug testing laboratory for a minimum of one (1) year. The Contractor shall retain positive specimens for a minimum of one year or during the pending of any related litigation, whichever is longer, by following current DHHS and SAMHSA methods. The Contractor shall be advised by TDOC of any pending litigati on . The Contractor shall retain negative specimens in accordance with current DHHS and SAMHSA guidelines.

5. The Contractor shall provide statistical reporting information concerning test results to the State upon request, including but not limited to the number of tests performed at each location per contract term year; the percentage of tests performed at TDOC facilities versus the percentage performed at subcontractor sites; the number of test results reviewed by MRO; a listing of all subcontractors used in the performance of the duties outlined in the scope of services.

j. Confidentiality: Contractor shall ensure that strict confidentiality of test results is maintained. All tests acquired by the Contractor shall become property of TDOC. Any test results or material prepared shall not be released without prior express written consent of the State except for exceptions as stated in the DHHS/SAMHSA regulations.

k. Expert Testimony Servi ces: The Contractor shall provide expert testimony, in the form of written records and personal appearances concerning results, methodology and opinions, on an as needed basis for adjudicatory proceedings related to alcohol and controlled substances testing. These services are to be provided at no additional cost to the State.

I. Tra!njng:

1. The Contractor shall provide a lesson plan and. materials for a one-hour drug and alcohol abuse education/awareness program for use by TDOC training staff in training all employees. The program shall meet the requirements of the Tennessee Drug-Free Workplace Act. Contractor shall update the lesson plan and materials at least annually.

2. The Contractor shall provide a lesson plan and materials for a two-hour workplace substance abuse recognition training program for use by TDOC in training supervisory staff. The program shall meet the requirements of the Tennessee Drug-Free Workplace Act. The Contractor shall update the lesson plan at least annually. The training shall ·. cover the physical, behavioral, speech, and performance indicators of probable alcohol 9 misuse and use of controlled substances and the appropriate documentation of these · ~ occurrences. It shall include, but not be limited to_, the following additional topics:

• TDOC Policy and Procedural Review • Review of Testing Procedures • Profile of the At-risk Employee • Identify the At-risk Employee • How to Approach an Employee Suspected to be Under the Influence • Referral to an Employee Assistance Program and Rehabilitation Process

3. These services are to be provided at no additional cost to the State.

A.5. If the Contractor uses subcontractor laboratories to provide services as outlined in Sections A.1-A.4, all subcontractor laboratories must be Substance Abuse and Mental Health Services Administration (SAMSHA) or CAP-FUDT certified.

A.6. Warrantv: Contractor represents and warrants that throughout the Term of this Contract ('Warranty Period"), the goods or services provided under this Contract shall conform to the terms and conditions of this Contract. Any nonconformance of the goods or services to the terms and conditions of this Contract

vii I i i.. shaft constitute a "Defect" and shall be considered "Defective." If Contractor receives notice of a Defect during the Warranty Period, then Contractor shall correct the Defect, at no additional charge.

Contractor represents and warrants that all goods or services provided under this Contract shall be provided in a timely and professional manner, by qualified and skilled individuals, in conformity with standards generally accepted in Contractor's industry.

If Contractor fails to provide the goods or services as warranted, then Contractor will re-provide the goods or services at no additional charge. If Contractor is unable or unwilling to re-provide the goods or services as warranted, then the State shall be entitled to recover the fees paid to Contractor for the Defective goods or services.

A .?. Inspection and Acceptance: The State shall have the right to inspect all goods or services provided by Contractor under this Contract. If, upon inspection, the State determines that the goods or services are Defective, the State shall notify Contractor, and Contractor shall re-deliver the goods or provide the services at no additional cost to the State. If after a period of thirty (30) days following delivery of goods or performance of services the State does not provide a notice of any Defects, the goods or services shall be deemed to have been ~ccepted by the State.

A.8. Prison Rape Elimination Act Compliance: Contractor must comply with the Prison Rape Elimination Act (PREA) of 2003 (Federal Law 42 U .S.C. 15601 et. seq.), with all applicable Federal PREA standards, and with all State policies and standards related to PREA for preventing, detecting, monitoring, investigating, and eradicating any form of sexual abuse within facilities/programs/offices owned, operated, or contracted.

A.9. Direct Secure Messaging:

a) If reports, spreadsheets or other documents, prepared by the Contractor, include Patient Health Information (PHI), the Contractor is required to use DIRECT Secure e-mail using a DIRECT accredited Health Information Service Provider (HISP) to send those documents.

b) If the Contractor subcontracts services to external mental health providers and PHI is sent from these external mental health providers, the PHI shall be sent via Dl RECT Secure e-mail using a DIRECT accredited Health Information Service Provider (HISP).

B. TERM OF CONTRACT:

This Contract shall be effective on 5/1/2018 ("Effective Date'1 and extend for a period of sixty (60) months after the Effective Date ("Term"). The State shall have no obligation for goods or services provided by the Contractor prior to the Effective Date.

C. PAYMENT TERMS AND CONDITIONS:

C.1 . Maximum Liability. In no event shall the maximum liability of the State under this Contract exceed one million, three hundred and seventy-one thousand, three hundred and forty-five dollars ($1 ,371,345.00) rMaximum Uability"). This Contract does not grant the Contractor any exclusive rights. The State does not guarantee that it will buy any minimum quantity of goods or services under this Contract. Subject to the terms and conditions of this Contract, the Contractor will only be paid for goods or services provided under this Contract after a purchase order is issued to Contractor by the State or as otherwise specified by this Contract.

C.2. Compensation Firm. The payment methodology in Section C.3. of this Contract shall constitute the entire compensation due the Contractor for all goods or services provided under this Contract regardless of the difficulty, materials or equipment required. The payment methodology includes all applicable taxes, fees, overhead, and all other

C.3. Payment Methodology. The Contractor shall be compensated based on the payment methodology for goods or services authorized by the State in a total amount as set forth in Section C.1.

viii r

a. The Contractor's compensation shall be contingent upon the satisfactory provision of goods or services as set forth in Section A. b. The Contractor shall be compensated based upon the following payment methodology: l Amount Service Description (per compensable increment) .. - ·' ;.-:.-;- ::· ., : ...... ''Year"1 ·,· .. :)~ :Year 2;. · ·' . : · y~~i;L :';;:;: : >.·;:::; y.. e('lr ..4 -: - .. YearS'": ·. 12 Panel Drug Test $78 $78 $78 $78 $78 (8 a.m. to 5 p.m. Monday-Friday) /EACH I EACH I EACH /EACH /EACH Alcohol Evidential Breath Testing $73 $73 $73 $73 $73 (EBT) /EACH /EACH I EACH (8 5 /EACH /EACH I a.m. to p.m. Monday-Friday) Commercial Driver's License (COL) 5 $119 $119 $119 $119 $119 Panel If . I EACH /EACH /EACH /EACH /EACH (8 a.m. to 5 p.m. Monday-Friday)

After Hours 12 Panel Drug Test $115 $115 $115 $115 $115 (5 to 8 p.m. a.m. Monday-Friday, /EACH /EACH /EACH /EACH /EACH Saturday, Sunday and holidays After Hours Alcohol Evidential Breath Testing (EBT) $115 $115 $115 $115 $115 (5 p.m. to 8 a.m. Monday-Friday, I EACH /EACH /EACH /EACH /EACH Saturday, Sunday and holidays After Hours Commercial Driver's $140 License (CDL) 5 Panel $140 $140 $140 $140 (5 p.m. to 8 am. Monday-Friday, /EACH /EACH I EACH /EACH /EACH Saturday, Sunday and holidays

C.4. Travel Compensation. The Contractor shall not be compensated or reimbursed for travel time, travel expenses, meals, or lodging. .. C.5. Invoice Requirements. The Contractor shall invoice the State only for goods delivered and accepted by the State or services satisfactorily provided at the amounts stipulated in Section C.3., above. Contractor shall submit invoices and necessary supporting documentation, no more frequently than once a month, and no later than thirty (30) days after goods or services have been provided to the following address: ! 320 Sixth Avenue North Nashville, TN 37243

a. Each invoice, on Contractor's letterhead, shall clearly and accurately detail all of the following information (calculations must be extended and totaled correctly): I

(1) Invoice number (assigned by the Contractor); (2) Invoice date; (3) Contract number (assigned by the State); (4) Customer account name: Tennessee Department of Correction, Accounts Payable; (5) Customer account number (assigned by the Contractor to the above-referenced Customer); (6) Contractor name; (7) Contractor Tennessee Edison registration ID number; (8) Contractor contact for invoice questions (name, phone, or email); (9) Contractor remittance address; (10) Description of delivered goods or services provided and invoiced, including identifying information as applicable;

ix (11) Number of delivered or completed units, increments, hours, or days as applicable, of each good or service invoiced; (12) Applicable payment methodology (as stipulated in Section C.3.) of each good or service invoiced; (13) Amount due for each compensable unit of good or service; and (14) Total amount due for the invoice period.

b. Contractor's invoices shall:

(1) Only include charges for goods delivered or services provided as described in Section A and in accordance with payment terms and conditions set forth in Section C; (2) Only be submitted for goods delivered or services completed and shall not include any charge for future goods to be delivered or services to be performed; (3) Not include Contractor's taxes, which includes without limitation Contractor's sales and use tax, excise taxes, franchise taxes, real or personal property taxes, or income taxes; and (4) Include shipping or delivery charges only as authorized in this Contract.

c. The timeframe for payment (or any discounts) begins only when the State is in receipt of an invoice that meets the minimum requirements of this Section C.5.

C.6. Payment of Invoice. A payment by the State shall not prejudice the State's right to object to or question any payment, invoice, or other matter. A payment by the State shall not be construed as acceptance of goods delivered, any part of the services provided, or as approval of any amount invoiced. i i C.7. invoice Reduc::tions. The Contractor's invoice shall be subject to reduction for amounts included in any ! invoice or payment that is determined by the State, on the basis of audits conducted in accordance with l the terms of this Contract, to not constitute proper compensation for goods delivered or services provided. .l C.8. Deductions. The State reserves the right to deduct from amounts, which are or shall become due and payable to the Contractor under this or any contract between the Contractor and the State of Tennessee, 1 any amounts that are or shall become due and payable to the State of Tennessee by the Contractor. l l C.9. Prerequisite Documentation. The Contractor shall not invoice the State under this Contract until the State has received the following, properly completed documentation. 1 i a. The Contractor shall complete, sign, and present to the State the "Authorization Agreement for l ackno~edges j' Automatic Deposit Form" provided by the State. By doing so, the Contractor and { agrees that, once this form is received by the State, payments to the Contractor, under this or any other contract the Contractor has with the State of Tennessee, may be made by ACH; and l b. The Contractor shall complete, sign, and return to the State the State-provided W-9 form. The l taxpayer identification number on the W-9 form must be the same as the Contractor's Federal I Employer Identification Number or Social Security Number referenced in the Contractor's Edison :1 registration information. I D. MANDATORY TERMS AND CONDITIONS: 1 0.1. Required Approvals. The State is not bound by this ·contract until it is duly approved by the Parties and l all appropriate State officials in accordance with applicable Tennessee laws and regulations. Depending ! upon the specifics of this Contract, this may include approvals by the Commissioner of Finance and l Administration, the Commissioner of Human Resources, the Comptroller of the Treasury, and the Chief Procurement Officer. Approvals shall be evidenced by a signature or electronic approval. lI 0.2. Communications and Contacts. All instructions, notices, consents, demands, or other communications 1 required or contemplated by this Contract shall be in writing and shall be made by certified, first class ! mail, return receipt requested and postage prepaid, by overnight courier service with an asset tracking system, or by email or facsimile transmission with recipient confirmation. All communications, regardless I.II of method of transmission, shall be addressed to the respective Party at the appropriate mailing address, i facsimile number, or email address as stated below or any other address provided in writing by a Party.

; The State: I

iI X !

="""""""'""""=w.l...... ~.,..,.,..., ...... -~=~---~------:::------~~ Brian Hughes, Director of Human Resources Department of Correction 3'd Floor, Rachel Jackson Building 1 320 6 h Avenue North Nashville, TN 37243-0465 [email protected] Telephone# 615 253-8108

The Contractor:

Danny Lanz, General Manager Comprehensive Drug Testing, Inc. PO Box 11869 Santa Ana, CA 92711 [email protected] Telephone# 714 852-5200 ext. 257 FAX# 714 852-5201

All instructions, notices, consents, demands, or other communications shall be considered effective upon receipt or recipient confirmation as may be required.

D.3. Modification and Amendment. This Contract may be modified only by a written amendment signed by all Parties and approved by all applicable State officials.

D.4. Subject to Funds Ayailabilitv. The Contract is subject to the appropriation and availability of State or federal funds. In the event that the funds are not appropriated or are otherwise unavailable, the State reserves the right to terminate this Contract upon written notice to the Contractor. The state's exercise of Its right to terminate this Contract shall not constitute a breach of Contract by the State. Upon receipt of the written notice, the Contractor shall cease all work associated with the Contract. If the State terminates this Contract due to lack of funds availability, the Contractor shall be entiUed to compensation for all conforming goods requested and accepted by the State and for all satisfactory and authorized services completed as of the termination date. Should the State exercise its right to terminate this Contract due to unavailability of funds, the Contractor shall have no right to recover from the state any actual, general, special, incidental, consequential, or any other damages of any description or amount.

0.5. Termination for Convenience. The State may terminate this Contract for convenience IMthout cause and for any reason. The State shalt give the Contractor at least thirty (30) days written notice before the termination date. The Contractor shall be entitled to compensation for all conforming goods delivered and accepted by the state or for satisfactory, authorized services completed as of the termination date. In no event shall the State be liable to the Contractor for compensation for any goods neither requested nor accepted by the state or for any services neither requested by the state nor satisfactorily performed by the Contractor. In no event shall the State's exercise of its right to terminate this Contract for convenience relieve the Contractor of any liability to the state for any damages or claims arising under this Contract

D.6. Termination for Cause. If the Contractor fails to properly perform its obligations under this Contract in a timely or proper manner, or if the Contractor materially violates any terms of this Contract ("Breach Conditlon"),the state shall have the right to Immediately terminate the Contract and withhold payments in excess of compensation for completed services or provided goods. Notwithstanding the above, the Contractor shall not be relieved of liability to the state for damages sustained by virtue of any Breach Conditi on and the state may seek other remedies allowe d at law or in equity for breach of this Contract.

D.7. Assignment and Subcontraclinq. The Contractor shall not assign this Contract or enter into a subcontract for any of the goods or services provided under this Contract without the prior written approval of the State. Not\Nithstanding any use of the approved subcontractors, the Contractor shalt be the prime contractor and responsible for compliance with all terms and conditions of this Contract: The state reserves the right to request adqitional lnformation or impose additional terms and conditions before approving an assignment of this Contract in whole or in part or the use of subcontractors in fulfilling the Contractor's obligations under this Contract. xi

L;JLC! • o;;;:a;::;=;;: 0.8. Conflicts of Interest. The Contractor warrants that no part of the Contractor's compensation shall be paid directly or indirectly to an employee or official of the State of Tennessee as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Contractor in connection with any work contemplated or performed under this Contract.

The Contractor acknowledges, understands, and agrees that this Contract shall be null and void if the Contractor is, or within the past six (6) months has been, an employee of the State of Tennessee or if the Contractor is an entity in which a controlling interest is held by an individual who is, or within the past six I (6) months has been, an employee of the State of Tennessee. 0.9. Nondiscrimination. The Contractor hereby agrees, warrants, and assures that no person shall be l excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Contract or in the employment practices of the Contractor on the grounds of handicap or disability, age, race, creed, color, religion, sex, national origin, or any other classification protected by I federal or state law. The Contractor shall, upon request, show proof of nondiscrimination and shall post in conspicuous places, available to all employees and applicants, notices of nondiscrimination. I- 0.10. Prohibition of Illegal Immigrants. The requirements ofTenn. Code Ann.§ 12-3-309 addressing the use of illegal immigrants in the performance of any contract to supply goods or services to the state of I· Tennessee, shall be a material provision of this Contract, a breach of which shall be grounds for monetary and other penalties, up to and including termination of this Contract. I

a. The Contractor agrees that the Contractor shall not knowingly utilize the services of an illegal immigrant in the performance of this Contract and shall not knowingly utilize the services of any subcontractor who will utilize the services of an illegal immigrant in the performance of this Contract. The Contractor shall reaffirm this attestation, in writing, by submitting to the State a completed and signed copy of the document at Attachment One, semi-annually during the Term. If the Contractor is a party to more than one contract with the State, the Contractor may submit I one attestation that applies to all contracts with the State. All Contractor attestations shall be l maintained by the Contractor and made available to State officials upon request. l b. Prior to the use of any subcontractor in the performance of this Contract, and semi-annually thereafter, during the Term, the Contractor shall obtain and retain a current, written attestation that the subcontractor shall not knowingly utilize the services of an illegal immigrant to perform Ij work under this Contract and shall not knowingly utilize the services of any subcontractor who will 1i utilize the services of an illegal immigrant to perform work under this Contract. Attestations obtained from subcontractors shall be maintained by the Contractor and made available to State ~ officials upon request.

c. The Contractor shall maintain records for all personnel used in the performance of this Contract. l Contractor's records shall be subject to review and random inspection at any reasonable time upon reasonable notice by the State.

d. The Contractor understands and agrees that failure -to comply with this section will be subject to the sanctions of Tenn. Code Ann. § 12-3-309 for acts or omissions occurring after its effective date.

e. For purposes of this Contract, "illegal immigrant" shall be defined as any person who is not: Q) a United States citizen; (ii) a Lawful Permanent Resident; (iii) a person whose physical presence in the United States is authorized; (iv) allowed by the federal Department of Homeland Security and who, under federal immigration laws or regulations, is authorized to be employed in the U.S.; or (v) is otherwise authorized to provide services under the Contract.

0.11. Records. The Contractor shall maintain documentation for all charges under this Contract. The books, records, and documents of the Contractor, for work performed or money received under this Contract, shall be maintained for a period of five (5) full years from the date of the final payment and shall be subject to audit at any reasonable time and upon reasonable notice by the State, the Comptroller of the Treasury, or their duly appointed representatives. The financial statements shall be prepared in accordance with generally accepted accounting principles.

xii 0.12. Monitoring. The Contractor's activities conducted and records maintained pursuant to this Contract shall be subject to monitoring and evaluation by the State, the Comptroller of the Treasury, or their duly appointed representatives.

0.13. Progress Reports. The Contractor shall submit brief, periodic, progress reports to the State as requested.

0.14. Strict Performance. Failure by any Party to this Contract to require, in any one or more cases, the strict performance of any of the terms, covenants, conditions, or provisions of this Contract shall not be construed as a waiver or relinquishment of any term, covenant, condition, or provision. No term or condition of this Contract shall be held to be waived, modified, or deleted except by a INritten amendment signed by the Parties.

0.15. Independent Contractor. The Parties shall not act as employees, partners, joint venturers, or associates of one another. The Parties are independent contracting entities. Nothing in this Contract shall be construed to create an employer/employee relationship or to allow either Party to exercise control or direction over the manner or method by which the other transacts its business affairs or provides its usual services. The employees or agents of one Party are not employees or agents of the other Party.

D.16 Patient Protection and Affordable Care Act. The Contractor agrees that it will be responsible for compliance with the Patient Protection and Affordable Care Act ("PPACA") with respect to itself and its employees, including any obligation to report health insurance coverage, provide health insurance coverage, or pay any financial assessment, tax, or penalty for not providing health insurance. The Contractor shall indemnify the State and hold it harmless for any costs to the State arising from Contractor's failure to fulfill its PPACA responsibilities for itself or its employees.

0.17. Umitation of State's Liability. The State shall have no liability except as specifically provided in this Contract. In no event will the State be liable to the Contractor or any other party for any lost revenues, lost profits, loss of business, decrease in the value of any securities or cash position, time, goodwill, or any indirect, special, incidental, punitive, exemplary or consequential damages of any nature, whether based on warranty, contract, statute, regulation, tort (including but not limited to negligence), or any other legal theory that may arise under this Contract or otherwise. The State's total liability under this Contract Qncluding any exhibits, schedules, amendments or other attachments to the Contract) or otherwise shall under no circumstances exceed the Maximum Liability. This limitation of liability is cumulative and not per incident

0.18. Limitation of Contractor's Liabilitv. In accordance with Tenn. Code Ann. § 12-3-701, the Contractor's liability for all claims arising under this Contract shall be limited to an amount equal to two (2) times the Maximum Uability amount detailed in Section C.1. and as may be amended, PROVIDED THAT in no event shall this Section limit the liability of the Contractor for: (i) intellectual property or any Contractor indemnity obligations for infringement for third-party intellectual property rights; (ii) any claims covered by any specific provision in the Contract providing for liquidated damages; or (iii) any claims for intentional torts, criminal acts, fraudulent conduct, or acts or omissions that result in personal injuries or death.

0.19. Hold Harmless. The Contractor agrees to indemnify and hold harmless the State of Tennessee as well as its officers, agents, and employees from and against any and all claims, liabilities, losses, and causes of action which may arise, accrue, or result to any person, firm, corporation, or other entity which may be injured or damaged as a result of acts, omissions, or negligence on the part of the Contractor, its employees, or any person acting for or on its or their behalf relating to this Contract. The Contractor further agrees it shall be liable for the reasonable cost of attorneys for the State to enforce the terms of this Contract

In the event of any suit or claim, the Parties shall give each other immediate notice and provide all necessary assistance to respond. The failure of the state to give notice shall only relieve the Contractor of its obligations under this Section to the extent that the Contractor can demonstrate actual prejudice arising from the failure to give notice. This Section shall not grant the Contractor, through its attorneys, the right to represent the State in any legal matter, as the right to represent the State is governed by Tenn. Code Ann.§ 8-6-106.

D.20. HIPAA Compliance. The State and Contractor shall comply with obligations under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), Health Information Technology for Economic and

xiii Clinical Health ("HITECH") Act and any other relevant laws and regulations regarding privacy (collectively the "Privacy Rules"). The obligations set forth in this Section shall survive the termination of this Contract.

a. Contractor warrants to the State that it is familiar with the requirements of the Privacy Rules, and will comply with all applicable requirements in the course of this Contract.

b. Contractor warrants that it will cooperate with the State, including cooperation and coordination with State privacy officials and other compliance officers required by the Privacy Rules, in the course of performance of the Contract so that both parties will be in compliance with the Privacy Rules.

c. The State and the Contractor will sign documents, including but not limited to business associate agreements, as required by the Privacy Rules and that are reasonably necessary to keep the State and Contractor in compliance with the Privacy Rules. This provision shall not apply if information received or delivered by the parties under this Contract is NOT "protected health information" as defined by the Privacy Rules, or if the Privacy Rules permit the parties to receive or deliver the information without entering into a business associate agreement or signing another document.

d. The Contractor will indemnify the State and hold it harmless for any violation by the Contractor or its subcontractors of the Privacy Rules. This includes the costs of responding to a breach of protected health Information, the costs of responding to a government enforcement action related to the breach, and any fines, penalties, or damages paid by the State because of the violation.

0.21 . Tennessee Consolidated Retirement System. Subject to statutory exceptions contained in Tenn. Code Ann. §§ 8-36-801, et seq., the law governing the Tennessee Consolidated Retirement System ("TCRS"), provides that if a retired member of TCRS, or of any superseded system administered by TCRS, or of any local retirementfund established under Tenn. Code Ann.§§ 8-35-101, et seq., accepts State employment, the member's retirement all owance is suspended during the period of the employment. Accordingly and notwithstanding any provision of this Contract to the contrary, the Contractor agrees that if it is later determined that the true nature of the working relationship between the Contractor and the State under this Contract is that of "employee/employer" and not that of an independent contractor, the Contractor, if a retired member of TCRS, may be required to repay to TCRS the amount of retirement benefits the Contractor received from TCRS during the Term.

0.22. Tennessee Department of Revenue Registration. The Contractor shall comply with all applicable registration requirements contained in Tenn. Code Ann. §§ 67-6-601 -608. Compliance with applicable registration requirements is a material requirement of this Contract.

0.23. Debarment and Suspension. The Contractor certifies, to the best of its knowledge and belief, that it, its current and future principals, its current and future subcontractors and their principals:

a. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department or agency;

b. have not within a three (3) year period preceding this Contract been convicted of, or had a civil judgment rendered against them from commission of fraud, or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or grant under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property;

c. are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses detailed in section b. of this certification; and

d. have not within a three (3) year period preceding this Contract had one or more public transactions (federal, state, or local) terminated for cause or default.

The Contractor shall provide immediate written notice to the State if at any time it learns that there was an earlier failure to disclose information or that due to changed circumstances, its principals or the principals xiv of its subcontractors are excluded, disqualified, or presently fall under any of the prohibitions of sections a-d.

0 .24. Force Majeure. "Force Majeure Event" means fire, flood, earthquake, elements of nature or acts of God, wars, riots, civil disorders, rebellions or revolutions, acts of terrorism or any other similar cause beyond the reasonable control of the Party except to the extent that the non-performing Party is at fault in failing to prevent or causing the default or delay, and provided that the default or delay cannot reasonably be circumvented by the non-performing Party through the use of alternate sources, workaround plans or other means. A strike, lockout or labor dispute shall not excuse either Party from its obligations under this Contract. Except as set forth in this Section, any failure or delay by a Party in the performance of its obligations under this Contract arising from a Force Majeure Event is not a default under this Contract or grounds for termination. The non-performing Party will be excused from performing those obligations directly affected by the Force Majeure Event, and only for as long as the Force Majeure Event continues, provided that the Party continues to use diligent, good faith efforts to resume performance without delay. The occurrence of a Force Majeure Event affecting Contractor's representatives, suppliers, subcontractors, customers or business apart from this Contract is not a Force Majeure Event un.der this Contract. Contractor will promptly notify the State of any delay caused by a Force Majeure Event (to be confirmed in a written notice to the State within one (1) day of the inception of the delay) that a Force Majeure Event has occurred, and will describe in reasonable detail the nature of the Force Majeure Event. If any Force Majeure Event results in a delay in Contractor's performance longer than forty-eight (48) hours, the State may, upon notice to Contractor: (a) cease payment of the fees until Contractor resumes performance of the affected obligations; or (b) immediately terminate this Contract or any purchase order, in whole or in part, without further payment except for fees then due and payable. Contractor will not increase its charges under this Contract or charge the State any fees other than those provided for in this Contract as the result of a Force Majeure Event.

0.25. State and Federal Compliance. The Contractor shall comply with all applicable state and federal laws and regulations in the performance of this Contract.

0.26. Governing Law. This Contract shall be governed by and construed in accordance with the laws ofthe State of Tennessee. The Tennessee Claims Commission or the state or federal courts in Tennessee shall be the venue for all claims, disputes, or disagreements arising under this Contract. The Contractor acknowledges and agrees that any rights, claims, or remedies against the State of Tennessee or its employees arising under this Contract shall be subject to and limited to those rights and remedies available under Tenn. Code Ann.§§ 9-8-101-407.

0.27. Entire Agreem ent. This Contract is complete and contains the-entire understanding between the Parties relating to its subject matter, including all the terms and conditions of the Parties' agreement. This Contract supersedes any and all prior understandings, representations, negotiations, and agreements between the Parties, whether written or oral.

0.28. Severability. If any terms and conditions of this Contract are held to be invalid or unenforceable as a matter of law, the other terms and conditions of this Contract shall not be affected and shall rem ain in full force and effect. The terms and conditions of this Contract are severable.

0.29. Headings. Section headings of this Contract are for reference purposes only and shall not be construed as part of this Contract.

0.30. lncornoration of Additional Documents. Each of the following documents is included as a part of this Contract by reference. In the event of a discrepancy or ambiguity regarding the Contractor's duties, responsibilities, and performance under this Contract, these items shall govern in order of precedence below:

a. any amendment to this Contract, with the latter in time controlling over any earlier amendments; b. this Contract with any attachments or exhibits (excluding the items listed at subsections c. through f., below), which includes Attachments One through Six. c. any clarifications of or addenda to the Contractor's proposal seeking this Contract; d. the State solicitation, as may be amended, requesting responses in competition for this Contract; e. any technical specifications provided to proposers during the procurement process to award this Contract; and f. the Contractor's response seeking this Contract.

XV I. j l l t 0.31. 12-12-101 l Iran Divestment Act. The requirements of Tenn. Code Ann.§ et.seq., addressing contracting 1 with persons as defined at T.C.A. §12-12-1 03(5) that engage in investment activities in Iran, shall be a material provision of this Contract. The Contractor certifies, under penalty of perjury, that to the best of its knowledge and belief thatitis not on the list created pursuant to Tenn. Code Ann. § 12-12-1 06.

0.32. Insurance. Contractor shall maintain insurance coverage as specified in this Section. The State reserves the right to amend or require additional insurance coverage, coverage amounts, and endorsements required under this Contract. Contractor's failure to maintain or submit evidence of insurance coverage, as required, is a material breach ofthis Contract. If Contractor loses insurance coverage, fails to renew coverage, or for any reason becomes uninsured during the Term, Contractor shall immediately notify the State. All insurance companies providing coverage must be: (a) acceptable to the State; (b) authorized by the Tennessee Department of Commerce and Insurance ('TDCI"); and (c) rated A-/ VII or better by A.M. Best. All coverage must be on a primary basis and noncontributory with any other insurance or self- insurance carried by the State. Contractor agrees to name the State as an additional insured on any insurance policy with the exception of workers' compensation (employer liability) and professional liability (errors and omissions) insurance. All policies must contain an endorsement for a waiver of subrogation in favor of the State. Any deductible over fifty thousand dollars ($50,000) must be approved by the State. The deductible and any premiums are the Contractor's sole responsibility. The Contractor agn:les that the insurance requirements specified in this Section do not reduce any liability the Contractor has assumed under this Contract including any indemnification or hold harmless requirements. l. t To achieve the required coverage amounts, a combination of an otherwise deficient specific policy and an umbrella policy with an aggregate meeting or exceeding the required coverage amounts is acceptable. For example: If the required policy limit under this Contract is for two million dollars ($2,000,000) in coverage, acceptable coverage would include a specific policy covering one million dollars ($1,000,000) combined with an umbrella policy for an additional one million dollars ($1 ,000,000). If the deficient underlying policy is for a coverage area without aggregate limits (generally Automobile Liability and Employers' Liability Accident), Contractor shall provide a copy of the umbrella insurance policy documents to ensure that no aggregate limit applies to the umbrella policy for that coverage area.

Contractor shall provide the State a certificate of insurance ("COij evidencing the coverages and amounts specified in this Section. The COl must be on a form approved by the TDCI (standard ACORD form preferred). The COl must list each insurer's National Association of Insurance Commissioners (NAIC) number and be signed by an authorized representative of the insurer. The COl must list the State of Tennessee - CPO Risk Manager, 312 Rosa L. Parks Ave., 3'd floor Central Procurement Office, Nashville, TN 37243 as the certificate holder. Contractor shall provide the COl ten (1 0) business days prior to the Effective Date and again thirty (30} calendar days before renewal or replacement of coverage. Contractor shall provide the State evidence that all subcontractors maintain the required insurance or that subcontractors are included under the Contractor's policy, At any time, the State may require Contractor to provide a valid COl. The parties agree that failure to provide evidence of insurance coverage as required is a material breach of this Contract. If Contractor self-insures, then a COl will not be required to prove coverage. Instead Contractor shall provide a certificate of self-insurance or a letter, on Contractor's letterhead, detailing its coverage, policy amounts, and proof of funds to reasonably cover such expenses.

The State agrees that it shall give v.ritten notice to the Contractor as soon as practicable after the State becomes aware of any claim asserted or made against the state, but in no event later than thirty (30) calendar days after the State becomes aware of such claim. The failure of the State to give notice shall only relieve the Contractor of its obligations under this Section to the extent that the Contractor can demonstrate actual prejudice arising from the failure to give notice. This Section shall not grant the Contractor or its insurer, through its attorneys, the right to represent the State in any legal matter, as the right to represent the State is governed by Tenn. Code Ann.§ 8-6-106.

The Contractor shall obtain and maintain, at a minimum, the following insurance coverages and policy limits.

a. Commercial General Liability Insurance

1) The Contractor shall maintain commercial general liability insurance, which shall be written on an Insurance Services Office, Inc. (also known as ISO) occurrence form (or a

xvi

. .___., .... ; % substitute form providing equivalent coverage) and shall cover liability arising from property damage, premises/operations, independent contractors, contractual liability, completed operations/products, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). The Contractor shall maintain bodily injury/property damage with a combined single limit not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate for bodily injury and property damage, including products and completed operations coverage with an aggregate limit of at least two million dollars ($2,000,000).

b. Workers' Compensation and Employer Liability Insurance

1) For Contractors statutorily required to carry workers' compensation and employer liability insurance, the Contractor shall maintain:

i. Workers' compensation in an amount not less than one million dollars ($1 ,000,000) including employer liability of one million dollars ($1 ,000,000) per accident for bodily injury by accident, one million dollars ($1 ,000,000) policy limit by disease, and one million dollars ($1 ,000,000) per employee for bodily injury by disease.

2) If the Contractor certifies that it is exempt from the requirements of Tenn. Code Ann.§§ 50-6-1 01 - 1 03, then the Contractor shall furnish written proof of such exemption for one or more of the follovving reasons:

i. The Contractor employs fewer than five (5) employees;

ii. The Contractor is a sole proprietor;

iii. The Contractor is in the construction business or trades with no employees;

iv. The Contractor is in the coal mining industry with no employees;

v. The Contractor is a state or local government; or

vi. The Contractor self-insures its workers' compensation and is in compliance with the TDCI rules and Tenn. Code Ann.§ 50-6-405. c. Automobile Liability Insurance

1) The Contractor shall maintain automobile liability insurance which shall cover liability arising out of any automobile (including owned, leased, hired, and non-owned automobiles).

2) The Contractor shall maintain bodily injury/property damage with a limit not less than one million dollars ($1 ,000,000) per occurrence or combined single limit. d. Professional Liability Insurance 1) Professional liability insurance shall be written on an occurrence basis. This coverage may be written on a claims-made basis but must include an extended reporting period or "tail COVt::l

xvii i

D.33. Major Procurement Contract Sales and Use Tax. Pursuant to Tenn. Code Ann.§ 4-39-102 and to the extent applicable, the Contractor and the Contractor's subcontractors shall remit sales and use taxes on the sales of goods or services that are made by the Contractor or the Contractor's subcontractors and that are subject to tax.

E. SPECIAL TERMS AND CONDITIONS:

E.1. Conflicting Terms and Conditions. Should any of these special terms and conditions conflict with any other terms and conditions of this Contract, the special terms and conditions shall be subordinate to the Contract's other terms and conditions.

E.2 . Reimbursement. This Contract provides for reimbursement of the cost of goods, materials, supplies, equipment, or contracted services. Any goods, materials, supplies, equipment or contracted services procured by Contractor under this Contract shall be procured on a competitive basis when practicable. The Contractor shall maintain documentation supporting Contractor's request for reimbursement. In each instance where it is determined that use of a competitive procurement method was not practicable, Contractor shall seek approval of the Commissioner of the Tennessee Department of Correction to procure by non-competitive procurement as a condition for reimbursement.

E.3. Prohibited Advertising or Marketing. The Contractor shall not suggest or imply in advertising or marketing materials that Contractor's goods or services are endorsed by the State. The restrictions on Contractor advertising or marketing materials under this Section shall survive the termination of this Contract.

EA. Contractor Commitment to Diversity. The Contractor shall comply with and make reasonable business efforts to exceed the commitment to diversity represented by the Contractor's Response to 32901-31328 (Attachment Five) and resulting in this Contract.

The Contractor shall assist the State in monitoring the Contractor's perfonnance of this commitment by providing, as requested; a monthly report of participation in the performance of this Contract by small business enterprises and businesses owned by minorities, women, service-disabled veterans, and persons with disabilities. Such reports shall be provided to the State of Tennessee Governor's Office of Diversity Business Enterprise in the TN Diversity Software available online at: https://tn.diversitysoftware.com/FrontEnd/StartCertifi cation .asp?TN=tn&XI D=981 0.

E.5. Lobbying. The Contractor certifies, to the best of its knowledge and belief, that:

a. No federally appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

b. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with any contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

c. The Contractor shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. ·

xviii This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352.

E.6. Partial Takeover of Contract. The State may, at its convenience and without cause, exercise a partial takeover of any service that the Contractor is obligated to perform under this Contract, including any service v.thich is the subject of a subcontract between Contractor and a third party (a "Partial Takeover"). A Partial Takeover of this Contract by the State shall not be deemed a breach of contract. The Contractor shall be given at least thirty (30) days prior written notice of a Partial Takeover. The notice shall specify the areas of service the State will assume and the date the State will be assuming. The State's exercise of a Partial Takeover shall not alter the Contractor's other duties and responsibilities under this Contract. The State reserves the right to withhold from the Contractor any amounts the Contractor would have been paid but for the State's exercise of a Partial Takeover. The amounts shall be withheld effective as of the date the State exercises its right to a Partial Takeover. The State's exercise of its right to a Partial Takeover of this Contract shall not entitle the Contractor to any actual, general, special, incidental, consequential, or any other damages irrespective of any description or amount..

E.7. Unencumbered Personnel. The Contractor shall not restrict its employees, agents, subcontractors or principals who perfonn services for the State under this Contract from performing the same or similar services for the State after the termination of this Contract, either as a State employee, an independent contractor, or an employee, agent, subcontractor or principal of another contractor with the State.

IN WITNESS WHEREOF,

Comprehensive Drug Testing, Inc.:

CONTRACTORS~-~ DATE

dMAC1fi-IL

DATE

xix

__ ) _. _;s; • Attachment One

ATTESTATION RE PERSONNEL USED IN CONTRACT PERFORMANCE

If the attestation applies to more than one contract, modify this row accordingly.

SUBJECT CONTRACT NUMBER:

CONTRACTOR lEGAl ENTilY NAME:

EDISON VENDOR IDENTIFICATION NUMBER:

If the attestation applies to more than one contract, modify the following paragraph accordingly.

The Contractor, identified above, does hereby attest, certify, warrant, and assure that the Contractor shall not knowingly utilize the services of an illegal immigrant in the performance of this Contract and shall not kno.wingly utilize the services of any subcontractor who will utilize the services of an illegal immigrant in the performance of this Contract.

CONTRACTOR SIGNATURE

PRINTED NAME AND TITLE F SIGNATORY I~/ 'LotR DATE OF ATTESTATION I

Attachment 2

Tennessee Department of Correction Facilities and Offices

TDOC Prison TDOC Prisons ~ Probation & Parole District 80 TDOC Prisons 80 District OITite: Clllrbvlle ~ North East Corredlonal Qxnplex I:DlHI Lois DeBerry Special Needs Fadlty IBil:Cl Mark Luttrell Correctian2ll Centl!r ltl Flek:l omce: DldCion 1HED1 North East correctional complex Annex I:BI!m] RIYerbend Mllldnun Sealrlty lnsUtutlon ~ Field Offla!: WIM!rly III!EWI Tennessee Prison for Women Field Offla!: Ashlend Oty ~ Probation & Parole District 70 District Ollkle: Commerce ,. Community Correction Offices 70 One ~ Probation & Parole District 40 ~ ~ Probation & Parole District 10 @ Field otnce: Knight Arnold District Ofllce: Johnson City 40 District Ollkle: Blanton 1 10 IE Field otrlces: Blountvlle, Greenville, Morris1DWn and ~ Probation & Parole District 71 ~ Probation & Parole District 41 Probation & Parole District 81 1£:. 81zabelhton 71 District Ollkle: OW!rtDn Crossing 41 District Ollkle: 2 Blanton 81 0 District Ofllte: Galelln 72 ~ Probation & Parole District 72 ~ Probation & Parole District 42 Field Offla!: Lebenon District Ollkle: Crump 42 District Office: Plus Part< Field Offla!: Sprtngfleld ~ Community Correction Offices ,. Community Correction Offices ~ Community Correction Offices

West Tennessee Middle Tennessee East Tennessee

TDOC Prisons TDOC Prison Probation & Parole District 20 TDOC Prisons IHttEI Hardeman Qulty Corracllonal Fac:ity 1, 2 3 - Bledsoe County Correctional Complex crr.a::1 Tennessee COrrectional Academy ~ District Ollkle: Knoxville lli:XXI a. lm!J Whltevlle COrrectional Facility 20 [IE] Chattanooga Release Center llJ Field Offla!: .Jefferson City ~ Probation & Parole District 60 ~ === ~District 50 IKI Field Offla!: Newport ~ ~ Probation & Parole District 30 60 District Office: lackson 50 16 Field Offia!: Sevierville 30 District Ofllce: Cha112111ooga it. Field Offla!: Tullahoma 16 Field Offia!: New Tazewell/ Tazewell ® Field omce: Clew!lllnd, McMinnville, Madlsonvlle ~ Community Correction Offices • Community Correction Offices • Community Correction Offices • Community Correction Offices

TDOC Prisons TDOC Prisons TDOC Prison TDOC Prison Indlllltrlll ~1 a. 2 - West Temessee State Prison m:I[D TUrney Cent8' Ccln1IIIK ~ Morgan County COrrectional Complex 1m:) Trousdale Turner Correctional Center lfliWC!ill &. 2 - North West Corredlonal Complex m:IIJ TUrney Cent8' Jdlllltrlll ~ lmJ South Centnll CDrredlanal flldlty ~ Probation & Parole District 61 Probation & Parole District 21 Probation & Parole District 31 District Office: Dresden I ~ DistrictProbatlcn Ofllte : •OUnllle - lllstrf

I Attachment Three I

Facility Addresses Bledsoe County Correctional Complex I 1 045 Horsehead Road I Pikeville, Tennessee 37367 I (Bledsoe County) Ij (423) 881-3251 t Lois M. DeBerry Special Needs Facility 7575 Cockrill Bend Boulevard Nashville, Tennessee 37209-1057 (Davidson County) (615) 350-2700 I Mark. H. Luttrell Transition Center I 6000 State Road Memphis, Tennessee 38134 (Shelby County) (901) 372-2080 .

Morgan County Correctional Complex 541 Wayne Cotton Morgan Drive :t P .0. Box 2000 '· Wartburg, Tennessee 37887 (Morgan County) ;l (423) 346-1300 'i i Northeast Correctional Complex ''J <: 5249 Highway 67 West 1 P.O. Box 5000 J Mountain City, Tennessee 37683-5000 (Johnson County) ~ (423) 727-7387 !

NECX Carter County Annex 188 Old Railroad Grade Road Caller#1000 Roan Mountain, Tennessee 37687 (Carter County) (423) 772-3231

Northwest Correctional Complex ! 960 State Route 212 ,1 Tiptonville, Tennessee 38079 (Lake County) J (731 } 253-5000 ·i i 1 ·[ Riverbend Maximum Security Institution 7475 Cockrill Bend Boulevard ' Nashville, Tennessee 37243-0471 (Davidson County) (615) 350-31 00

Tennessee Correction Academy P.O. Box 1510 Tullahoma TN 37388 (931) 461-7100

xxii TriCor 6185 Cockrill Bend Circle, Nashville, Tennessee 37209 (615) 7 41-5705

District 10 i· Counties: Johnson, Unicoi, Washington i District Office 195 Freckles Court Johnson City, TN 37601 i Phone: (423) 434-6800 t.· Fax: (423) 434-6830

County: Sullivan 1329 Highway 394 (P.O. BOX425) Blountville, TN 37617 Phone: 423-279-3200 Fax: 423-279-3222

Counties: Greene, Hawkins 716 Professional Plaza .. Greeneville, TN 37745 ' Phone: (423) 636-2994 Fax: (423) 638-1681

Counties: Hamblen 209 East Main Street Morristown, TN 37814 Phone: (423) 587-7023 Fax: (423) 587-7059

Counties: Carter (see Elizabethton Courtesy Reporting Location}

District 20

Counties: Knox and Union District Office 1426 Elm Street Knoxville, TN 37921 Phone: (865} 582-2000 Fax: (865) 594-7105 Fax: (865) 594-7125

Counties: Jefferson 983 Industrial Park Road Jefferson City, TN 37760 Phone: (865} 475-1233 Fax: (865) 475-1422

1228 Circle Drive Dandridge TN 37725 Phone 865-475-1233 Fax 865-475-1422

Counties: Cocke 330 Heritage Boulevard, Suite 104 Newport, TN 37821-4257 Phone: (423) 623-7514 Fax: (423) 623-7944

xxiii Counties: Sevier 127 Joy Street Sevierville, TN 37862 Phone: (865) 908-1020 Fax: (865) 908-1021

Counties: Hamblen 209 East Main Street Morristown, TN 37814 Phone 423-587-7023 Fax 423-587-7059

Counties: Claiborne, Grainger and Hancock (See New Tazwell Courtesy Reporting Location)

District 21

Counties: Anderson, Fentress, Morgan, Scott and Roane District Office 11 0 E. Centre Stage Business Park Clinton, TN 37716 Phone: (865) 457-4995 Fax: (865) 463-0784

Counties: Blount and Loudon 304 Home Avenue Maryville, TN 37801 Phone: (865) 981-2360 Fax: (865) 981~4515

Counties: Campbell (See Jacksboro Courtesy Reporting Location)

District30

Counties: Bledsoe, Hamilton, Marion, Rhea and Sequatchie District Office 540 McCallie Avenue, Suite 250 Chattanooga, TN 37402 Phone: (423) 634-6333 Fax: (423) 634-6365

Counties: Bradley, McMinn, Meigs and Polk 950 Star-Vue Drive, S.W., Suite 2 Cleveland, TN 37311 Phone: (423) 478-0313 Fax: (423) 559-4984

Counties: Monroe 119 Pedigo Road Madisonville, TN 37354-1463 Phone: {423) 442-7409 Fax: (423) 442-7418

Counties: Grundy, Van Buren and Warren 102 Mullican Street McMinnville, TN 3711 0 Phone: (931) 473-7213 Fax: (931) 473-8206

xxiv

! . District 31 Counties: Clay, Dekalb, Jackson, Macon, Overton, Pickett, Putnam, Smith, Trousdale and White District Office 442 Neal Street, East Cookeville, TN 38501 Phone: (931) 526-7165 Fax: (931 ) 528-3267

Counties: Cumbertand 29 Daniel Drive, Suite 103 r Crossville, TN 38555 Phone: (931) 484-1566 Fax: (931) 707-0737 I

LaFayette Reporting Office 910 Hwy. 52 By-Pass East laFayette TN 37083 Phone 615-666-6275 Ii ~ District 40, 41 and 42 Counties: Davidson I District Offices 220 Blanton Avenue I· Nashville, TN 37210 Phone: (615) 253-7400 Fax: (615) 242-2114

East Nashville Precinct Station 936 E. Trinity Lane Nashville TN 37207 Phone:615-580-1305

North Nashville Precinct Station 2231 26th Avenue North Nashville 37208 Phone 61 5-880-1899

212 Pavilion Boulevard Nashville, TN 37217 Phone: (615) 262-6161 Fax: (615) 262-6234

South Nashville Precinct Police Station 5101 Harding Place Nashville TN 37211 Phone (615) 880-3194

District 50 Counties: Bedford, Cannon, Marshall and Rutherford District Office 1711 Old Fort Parkway, Suite C Murfreesboro, TN 37129 Phone: (615) 898-8030 Fax: (615) 848-5110

Counties: Coffee, Franklin, Lincoln and Moore 630 Wilson Avenue Tullahoma, TN 37388 Phone: (931) 454-1915 Fax: (931) 454-1917

XXV

- .U;'l' """' .,._ ' .¢ ..-."£:;-' -- District 51 Counties: Hickman, Lewis, Maury and Perry District Office 2506 Pillow Drive Columbia, TN 38401 Phone: (931) 360-2575 Fax: (931) 381-6484

Counties: Giles, Lawrence and Wayne 1311 South Locust Ave., Suite 101 Lawrenceburg TN 38464 Phone 931-766-1420 Fax 931-766-1446

Counties: Williamson 426 Century Court, Suite 200 Franklin, TN 37064 Phone: (615} 790-5969 Fax: (615) 790-4422

District 60 Counties: Chester, Fayette, Hardeman, Haywood, Madison, McNairy and Tipton District Office 1661 Hollywood Drive Jackson, TN 38305 Phone: (731) 984-9801 Fax: (731) 984-7495

Bolivar Satellite Field Office Hardeman County P.O. Box 147 BofivarTN 38008

Chester County Jail 333 Eric Bell Dr. Henderson TN 38340 Phone: 731-989-2449

McNairy County Jail 300 lndustlial Drive Selmer TN 38375 731-64~1004

Haywood Criminal Justice Center 1 North Washington Avenue Brownsville TN 38012 731-772-6158

District 61 Counties: Benton, Decatur, Hardin, Henderson 16245 Highway 22 N Wildersville TN 38338 Phone 731-968-1696 Fax 731-967-5248 Counties: Gibson and Weakley I District Office I 8593 Highway 22 P.O. Box 749 i! Dresden, TN 38225 Phone: {731} 364-3147 Fax: (731) 364-5646 xxvi

....< ,. \ "! .... -~ ::;:: . !' . - -=:= ·.. -. ~ - · -~ Counties: Oyer, Lake, Lauderdale 1979 St. John Avenue, Suite G Dyersburg, TN 38024 Phone 731-288-791 0 Fax 731-288-7925 l Counties: Henry i 1302 WestWood street Paris TN 38242 I) Phone 731-644-7404 Fax 731-644-7358 t Counties: Obion, Crockett 830 Sherwood Drive Union City TN 38261 I Phone 731-884-1453 Fax 731-884-2726 t

Districts 70, 71 and 72 Counties: Shelby District Offices One Commerce Square 40 South Main Street 2nd Floor, Suite 211 Memphis, TN 381 03 Phone: (901) 543-7361 Fax: (901) 543-7912

East Memphis Office 3973 Knight Arnold Road Memphis, TN 38134 Phone: (901) 366-1468 Fax: (901) 366-1472

North Memphis/Overton Crossing Office 2584 OVerton Crossing Memphis, TN 38127 Phone: (901) 354-3700 Fax: (901) 353-0718

West Memphis/Crump Office 32 West E. H. Crump Boulevard Phone: (901) 947-8640 Fax: (901) 543-7587

District 80 Counties: Montgomery District Office 100 Providence Boulevard, Suite A Clarksville, TN 38042 Phone: (931) 648-5550 Fax: (931) 648-5565

Counties: Cheatham 1 07 Sycamore Street Ashland City, TN 37015 Phone: (615) 792-1643 Fax: (615) 792-1403

xxvii Counties: Dickson 1425 Henslee Drive Dickson, TN 37055 Phone: (615) 789-9291 Fax: (615) 789-9275 lI· Counties: Humphreys I 100 North Court Square, Room 201 1- Waverly, TN 37185 Phone: (931) 296-5552

Counties: Stewart Dover (see Dover Courtesy Reporting Location)

District 81 Counties: Sumner District Office 425 South Water Street Gallatin, TN 37066 Phone: (615) 451-5808 Fax: (615) 451-5873

Counties: Wilson 1432 West Main Street, Suite 500 Lebanon, TN 37087 j Phone: (615) 443-2759 I Fax: (615) 792-1403 _!; Counties: Robertson ~ 1 101-D Mooreland Drive I Springfield, TN 37172 Phone: (615) 382-2413 l! Fax: (615) 382-3150 1

lj Courtesy Reporting Locations i

East Tennessee ELIZABETHTON 836 East 2nd Avenue Elizabethton, Tennessee 37643 (423) 543-1248

HUNTSVILLE Scott County Justice Center 575 Scott High Drive, #4 Huntsville, Tennessee 37756 {423) 663-8163

JAMESTOWN Fentress County Justice Center 140 Justice Center Drive . ! JamestoVvn, Tennessee 38556 Il (931) 879-7367 i i t JASPER 5 Oak Avenue l 1 Jasper, Tennessee 37347 l Phone (423) 942-9290 I Fax 423-942-1320

xxviii JEFFERSON CITY Jefferson County Workhouse 983 Industrial Park Road Jefferson City, Tennessee 37757 (423) 587-7023

KINGSPORT Kingsport Police Department Kingsport Justice Center 200 Shelby Street Kingsport, Tennessee 37660 (423) 279-3200

LENOIR CITY Loudon County Justice Center 12680 Highway 11 West Lenoir City, Tennessee 37771 (865) 986-6800

LOUDON Loudon County Courthouse 601 Grove Street Loudon, Tennessee 37774 (865) 740-8096

NEWTAZWELL 129 S. Broad Street NewTazwell, Tennessee 37825 (423) 626-1127 FAX (423) 562-9882

RUTLEDGE 157 Justice Center Drive Rutledge, Tennessee 37861 (865) 582-2000

WARTBURG 312 Flat Rock Road Wartburg, Tennessee 37887 (423) 346-8562

Middle Tennessee CENTERVILLE Hickman County Courthouse 108 College Avenue Centerville, Tennessee 37033 (931) 380-2575

DOVER Stewart County Courthouse 225 Donelson Parkway Dover, Tennessee 37058 (931) 232-7042

FAYETTEVILLE Fayetteville Sheriff's Department 4151 Thornton Taylor Parkway Fayetteville, Tennessee 37334 (931) 433-9821

xxix HOHENWALD Lewis County Sheriff's Department 437 Swan Avenue Hohenwald, Tennessee 38462 (931) 380-2575

LEWISBURG 209 1st Avenue North Le>Msburg, TN 37091 (931) 359-6122

UN DEN Perry County Sheriff's Department 582 Bethel Road Linden, Tennessee 37096 (931) 380-2575

MANCHESTER Coffee County Jail 300 Hillsboro Boulevard Manchester, Tennessee 37355 (931) 728-3591 .i MAYNARDVILLE Union County Courthouse 901 Main street Maynardville, Tennessee 37807 (865)296-2106

MOUNTAIN CITY 121 Court Street Mountain City, Tennessee 37683 (423)727 -4309

PULASKI Giles County Sheriffs Department 220 Gatlin Drive Pulaski, Tennessee 38378 (931 ) 766-1420

SHELBYVILLE Bedford County Sheriffs Department 210 N. Spring Street Shelbyville, Tennessee 37160 (931) 684-4566

WAVERLY 100 N. Court Square, Room 201 Waverly, Tennessee 37185 (931 ) 296-5552

WINCHESTER Franklin County Judicial Building 420 Wilton Circle Winchester, Tennessee 37398 (931) 962-0123

XXX West Tennessee ALAMO Crockett County Courthouse 1 S. Bells Street Alamo, Tennessee 38001 (731) 696-5452

BELLS Bells Police Department 12987 Highway 79 Bells, Tennessee 38006 (731) 633-3131

CAMDEN Benton County Courthouse 2nd Floor, Jury Room, 1 Court Square 1 Camden, Tennessee 38320 (731) 968-1696

DECATURVILLE Decatur County Jail 138 E. Main Street (Front Lobby) Decaturville, Tennessee 38329 (731) 968-1696

HUMBOLDT Humboldt Municipal Building 1421 Osborne Street Humboldt, Tennessee 38343 (731) 784-9551

HUNTINGDON Carroll County Courthouse 99 Court Square (Basement) Huntingdon, Tennessee 38344 (731) 986-5062

MILAN ·, Milan Police Department ~ 7029 Telcom Drive Milan, Tennessee 38358 ...< (731) 686-0985

RIPLEY 675 Highway 51 Ripley, Tennessee 38053 (731) 221-3378

SAVANNAH Hardin County Courthouse 465 Main Street, 2nd Floor, Jury Room Savannah, Tennessee 38372 (731) 968-1696

TIPTONVILLE 116 S. Court Street Tiptonville, Tennessee 38079 (731) 253-841 0

xxxi

., ~~.. ~. ~·~~·~v~·~~~r~,.~.~~~~·~c~--~~~. ~- ~-<=.. ~~~N~- ~- =~~=- ~- ~- ~. ~·~-~=·=· .. , ~~~- ~~~=~~. ,~. ~=£-=~~--~. ~. ~- =·· =· =,=- ~--~~.--~~~~-- ~·~~~- ~" ~11 ~--~-·~-~-~ J I

TRENTON Gibson County Jail 401 North College Trenton, Tennessee 38382 (731) 855-1121

Day Reporting Center Offices

Johnson City Day Reporting Center/ Community Resource Center 110 KLM Drive Suite 8 Johnson City TN 37601

Davidson County Day Reporting Center/ 900 Gallatin Pike South Madison TN 37115

Jackson Day Reporting Center/ Community Resource Center 362 Carriage House Drive Jackson TN 38305

Knoxville Day Reporting Center/ Community Resource Center 8417 Kingston Pike Knoxville TN 37919

Memphis Day Reporting Center 1991 Corporate Avenue Suite600 Memphis TN 38132

Memphis Community Resource Center Memphis-Shelby County Office of Reentry 1362 Mississippi Blvd. Memphis TN 38106

xxxii

.... crm - ..;. ,, J. " _y e .. ··""'"-. .. Attachment Four Index#: 302.12 Page of 15 ADMINISTRATIVE POLICIES AND PROCEDURES Effective Date: December 1, 2015 State ofTennessee Distribution: A Department of Correction Supersedes: 302.12 (8/5/12) 1-A-pp_r_o-ve_d_b_y_:_D-er-ri_c_k_D-.-S-ch_o_fi-Ie-ld------1 PCN 14-5 (3/15/14)

Subject: DRUG-FREE WORKPLACE

I. AUTHORITY: TCA 4-4-103, TCA 4-3-603, TCA 4-3-606, TCA 39-16-201, TCA 50-9-101 et seq., and Tennessee Administrative Compilation (TAC) 0800-2-12.

II. PURPOSE: To enhance professionalism and safety by promoting a drug-free workplace within the Tennessee Department of Correction (TDOC).

III. APPLJCATJON: To all TDOC employees.

IV. DEFINITIONS:

A. Adulterated Sample: Any sample that appears to have evidence of dilution, contamination, or tampering, before, during, or after the test collection, and the laboratory can confirm what the specific adulterant is.

B. Alcohol: Has the same meaning as in the federal regulations describing procedures for the testing of alcohol by programs operating pursuant to the authority of the United States Department of Transportation as currently compiled at 49 Code of Federal Regulations (C.F.R.) Part 40, as the same may be revised from time to time.

C. Alcohol Testing: The analysis of breath, blood, or any other analysis which determines the presence and level or absence of alcohol as authorized by the U.S. Department of Transportation in its rules and guidelines concerning alcohol testing and drug testing.

D. Applicant: A person who has applied for a safety-sensitive position within the Tennessee Department of Correction and has begun offered employment conditioned upon successfully passing a drug test, and may have begun work pending the results of the drug test.

E. CAP-FUT Program: The College of American Pathologists-Forensic Drug Testing accreditation program.

F. Chain of Custody: The methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances, and providing for accountability at each stage in handling, testing, and storing specimens and reporting test results.

G. Confirmation Test: A second analytical procedure to identify the presence of alcohol or a specific drug or its metabolites in a specimen.

H. Conviction: A finding of guilt, including a plea of nolo contendere and/or imposition of sentence, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes. Effective Date: December I, 20 I 5 IIndex # 302.12 l Page 2 of 15 Subject: DRUG-FREE WORKPLACE

!. Drug: Any drug subject to testing pursuant to drug testing regulations adopted by the United States Department of Transportation.

J. Drug-free Workp lace: A site for the performance of work done in connection with an employee's job whereby employees are prohibited from engaging in unlawful manufacture, distribution, dispensing, possession, or use of alcohol or drugs.

K. Drug Test or Drug Testing: A chemical, biological or physical instrumental analysis administered by a laboratory authorized to do so pursuant to TCA 50-9-101 et seq., for the purpose of determining the presence or absence of a drug or its metabolites pursuant to regulations governing drug testing adopted by the United States Department of Transportation or such other recognized authority approved by rule by the Commissioner of Labor and Workforce Development.

L. Empl oyee: For purposes of this policy, any person employed full-time or part-time by the Department of Correction.

M. Employee Assistance Program (EAP): An established program capable of providing expert assessment of employee personal concerns; confidential and timely identification services regarding employee drug or alcohol abuse; referrals of employees for appropriate diagnosis, treatment, and assistance; and follow-up services for employees who participate in the program or require monitoring after returning to work.

N. Employee Drug Testing Coordinator (EDTC): Individual appointed by the Commissioner to administer the Department's employee drug testing program.

0. Fi t for Duty: For purposes of this policy, Fit for Duty refers to a test performed by a licensed doctor to ensure that individuals are able to perform their duties in a Safety sensitive position.

P. lnitiaJ Drug or Alcohol Test: The first alcohol or drug-screening test to determine the presence or absence of alcohol or drugs or their metabolites in a specimen(s).

Q. Invalid Sa mple: Any sample lhal appears lu have evidence of dilution, contamination, or tampering, before, during, or after the test collection, and the laboratory cannot confirm what the specific adulterant is.

R. Medical Review Officer CMRO): A licensed physician employed by the State contracted vendor who has knowledge of substance abuse disorders, laboratory testing procedures and, chain of custody collection procedures who verifies positive and confirmed test results. This individual possesses medical training to interpret and evaluate positive test results in relation to the individual's medical history or other relevant biomedical information.

S. Metabolite: A substance that takes part in the process of metabolism. Metabolites are produced during metabolism or are constituents of food or substances taken into the body. When screening for drugs, laboratory personnel look for what is left in the urine after the body has broken down a complex drug into smaller pieces, i.e., they will find metabolites of the drug, not the original drug. Effective Date: December I, 2015 IIndex# 302.12 IPage 3 of 15 Subject: DRUG-FREE WORKPLACE

T. Prescri pti on or Non -Prescri ption Medi cati on: A drug prescribed for use by a duly licensed physician, dentist, or other medical practitioner who is licensed to issue prescriptions or a drug that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments, and/or injuries.

U. I easonable Suspi cion: A belief based on specific, objective, articulable facts and the reasonable inferences that may be drawn from those facts, or knowledge sufficient under the circumstances, to cause an ordinary prudent and cautious person to believe that an employee used or is using illegal drugs or alcohol.

V. Reconfirmation Test: A third analytical procedure, paid for by the employee, to identify the presence of alcohol or a specific drug or its metabolites in a specimen.

W. Return t.o Duty Te ling: The re-testing of an employee, prior to his/her returning to the workplace, after previously testing positive for the presence of drugs or alcohol.

X. Safety-Sensitive Position: A position in which a drug impairment constitutes an immediate and direct threat to public health or safety, such as a position that requires the employee to carry a firearm, perform life-threatening procedures, work with confidential information or documents pertaining to criminal investigations or work with controlled substances, or a position in which momentary lapse in attention could result in injury or death to another person.

Y. Substance Abuse and Mental Health Services Administration (SAMHSA): A Federal agency within the U.S. Department of Health and Human Services created to focus attention, programs, and funding on improving the lives of people with or who are at risk for mental and substance abuse disorders. ·

Z. Zero Tolerance: Appropriate employee disciplinary or corrective action, up to or including termination, upon the confirmation of alcohol or drug usage by the employee while in the workplace.

V. POLICY: The TDOC is committed to a drug-free environment and will implement an employee drug testing program to assist in that effort. The Department shall maintain a zero tolerance for the illegal use of drugs on or off the job and the use of alcohol on the job.

VI. PROCEDURES:

A. The Department's Drug-Free Workplace program will conform to the requirements ofTCA 50-9-101 through 50-9-114 and the Rules of the Tennessee Department of Labor and Workforce Development, Division of Workers' Compensation, Drug-Free Workplace Programs, TAC 0800-2-.12.

B. Each employee shall be required to certify his/her acknowledgement of this policy and the action to be taken if a violation occurs by using the Acknowledgement of Receipt of TDOC Drug-Free Workplace Policy, CR-3679. The signed acknowledgement shall be maintained in the employee's personnel file. Copies of these acknowledgement forms may be obtained through the Human Resources Division. Effective Date: December I, 20 IS J Index # 302.I2 -~Page 4 of IS

Subject: DRUG-FREE WORKPLACE

C. Employees shall be made aware of the Employee Assistance Program (EAP) and encouraged to seek assistance with any drug or alcohol related problems. All EAP procedures are to follow Policy #30S.05.

I. An employee, who believes he or she has a substance abuse issue, may contact his or her supervisor and/or the personnel department for a referral to the EAP program and begin treatment process without penalty.

2. Once the employee enters the EAP program he or she must sign a release of information with the EAP to release information to the TDOC concerning the employee's assessment and progress made with the substance abuse issue. All employees who are offered the EAP program shall submit to follow-up testing as indicated in Section VI. (E)(3).

3. Once an employee is informed of any form of impending drug test, he/she does not have the option of going to supervisors and/or personnel at that time seeking help through EAP to avoid sanctions before the pending drug test is completed. EAP services are available to the employee for all other issues except to avoid drug testing after the employee has been notified of testing requirement.

D. As a condition of employment or continued employment an employee shall not:

I. Use, possess, sell, trade, offer for sale, or offer to buy illegal drugs or otherwise engage in the illegal use of drugs on or off the job.

2. Work or report to work visibly impaired or while possessing in his or her body, blood or urine, illegal drugs in any detectable amount.

3. Report to work under the influence of or impaired by alcohol.

4. Use prescription drugs illegally, including using prescription drugs that have not been legally obtained or using prescription drugs in a manner or for a purpose other than as prescribed.

S. Tamper with a drug test being administered pursuant to this policy.

E. Types ofTesting

I. AQplicant Drug Testing: All applicants for safety-sensitive positions within the Department will be required to submit voluntarily to a drug test after a conditional offer of employment.

2. Reasonable Suspicion Drug and Alcohol Testing: Reasonable Suspicion Drug Testing: Employees shall be required to submit to drug and alcohol testing as a condition of continued employment to ascertain prohibited drug use in any case in which an individualized "reasonable suspicion" exists that the employee uses and/or is abusing prescription, illegal drugs or is using alcohol on the job. This may be based upon the following reasons: Effective Date: December 1, 2015 IIndex# 302.12 l Page 5 of 15 Subject: DRUG-FREE WORKPLACE

a. Observable phenomena, such as direct observation of drug or alcohol use or possession or the physical symptoms of being under the influence of a drug or alcohol

b. A pattern of abnormal conduct or erratic behavior

c. The identification of an employee as a suspect in a criminal investigation involving drug possession, use, distribution, or trafficking

d. Information provided by reliable and credible sources or independently corroborated

e. Newly discovered information indicating that the employee may have tampered with a previous drug or alcohol test

3. Follow-up Drug Testin g: An employee who, in the course of employment, enters an Employee Assistance Program for a drug or alcohol related problem or enters a drug or alcohol rehabilitation program shall be required to submit to drug and/or alcohol testing, as appropriate, as a follow-up to such program. Such testing shall be scheduled by the Warden, Superintendent, District Director, or designee and shall occur at least quarterly for a two year period after successful completion of the program. No advance notice of a follow-up testing date shall be given to the employee.

4. Post-Accident/Critical Incident Testing:

a. An employee shall be subject to drug and/or alcohol testing if he or she appears to have caused or contributed to a work-site accident resulting in:

(1) Death

(2) Personal InJUry requiring immediate medical treatment away from the scene of the accident, or

(3) Any type of car accident in which the employee is operating a state vehicle and any form of damage is inflicted on the state and/or another vehicle.

b. An employee who is authorized to carry a firearm shall be required to submit to drug testing after any discharge of the firearm involving death or personal injury.

c. If the accident involved the operation of a qualifying commercial motor vehicle, then post-accident testing may also be required under the authority of the Department of Transportation, Federal Highway Administration (DOT/FHW A).

d. The employee shall be taken to a medical facility for immediate treatment of injury. Specimens shall be obtained at the treating facility or a designated collection site and transported to an approved testing laboratory. Effective Date: December 1, 2015 IIndex# 302.12 IPage 6 of 15 Subject: DRUG-FREE WORKPLACE

e. No specimens shall be taken prior to the administration of emergency medical care. Once this condition has been satisfied, an injured employee must submit to testing.

5. Random Testin g: Employees in safety-sensitive positions shall be subject to mandatory, random drug and alcohol testing.

F. Each employee in a position designated as safety-sensitive shall be notified of such designation and shall be required to certify his/her acknowledgment of the safety-sensitive designation by using Acknowledgment of Receipt of Notice of Designation of Position as Safety-Sensitive, CR-3678.

G. As a condition of continued employment, an employee who is arrested for or charged with any criminal drug offense shall notifY the employee's supervisor no later than one working day after such arrest or charge. (See Policy #302.06)

H. If an employee is convicted of violating any criminal drug statute and is found guilty of any disciplinary offense that involves the use of or possession of drugs or alcohol, he/she shall be subject to disciplinary action up to or including termination. If he/she is not terminated, the Department shall also require the employee to successfully complete a drug abuse program sponsored by an approved private or governmental institution.

I. If an employee participating in an activity funded by a federal agency is convicted of violating any criminal drug statute in the workplace, the Department shall notifY the appropriate federal agency. Notification shall be within ten days of receipt of notice regarding such conviction.

J. Testing:

I. All testing thresholds shall comply with SAMHSA te ting threshold guidelines:

a. A II specimens will be tested for the following

(l) Expanded Amphetamines (including MDA and/or MDMA) (2) Barbiturates (3) Benzodiazepines ( 4) Cannabinoids (5) Cocaine Metabolite (6) Methadone (7) Methamphetamine (8) Opiates (including Codeine, Morphine and Heroin) (9) Phencyclidine (10) Propoxyphene (I I) Oxycodone (I2) Buprenophine Effective Date: December I, 2015 IIndex# 302.12 IPage 7 of 15 Subject: DRUG-FREE WORKPLACE

b. Specimens will also be examined for adulteration. The following are the standard, though not the only, indicators of adulteration that will be checked for:

(I) Temperature (2) Color/Appearance (3) Nitrates (4) Oxidants (5) Specific Gravity (6) pH Level (7) Creatinine

2. Contract laboratory staff trained to collect urinalysis specimens shall conduct urine specimen collection. Employees to be tested shall be required to provide positive photograph identification before entering the testing area. A photograph TDOC identification card and/or driver's license may be used for this purpose. Collection procedures shall be in conformance with the procedures compiled at 49 CFR, Part 40, and must be collected in accordance with those procedures using the split sample method. The chain of custody form developed by the Department of Labor for the Tennessee Drug Free Workplace Program shall be utilized.

3. Security of the collection site, chain of custody procedures, privacy of the individual, collection control, integrity, identity, and retention of the specimen, and transportation of the specimen to the laboratory shall be in accordance with the SAMHSA guidelines and United States Department of Transportation regulations ( 49 CFR, Part 40).

4. A SAMHSA licensed and approved contract laboratory shall conduct an initial drug screening test using an immunoassay testing method. If a positive result is found, the laboratory shall immediately perform a confirmation test using gas chromatography/mass spectrometry (GC/MS).

5. Positive, adulterated, or invalid results attained on both testing methods shall be reported to the MRO who shall proceed as set forth in Section VI.(L).

K. Reporting and Revi ew of Results by MRO

I. The contract laboratory shall report any specimens with evidence of dilution, contamination, tampering or any question normally requiring an MRO opinion to the MRO for disposition. The MRO may determine the need to re-test, re-collect, or otherwise modify the collection procedure to ensure adequate and appropriate testing.

a. Samples which are confirmed as "Adulterated Samples" will be considered positive and will follow the procedures outlined in Section VI.(K)(2-7).

b. Employees whose samples are confirmed as "Invalid Samples" shall be required to do the following:

(I) Submit to an immediate follow up, observed collection. Effective Date: December 1, 2015 IIndex# 302.12 IPage 8 of 15 Subject: DRUG-FREE WORKPLACE

(2) Should the follow up test produce a second invalid result, the employee will be referred for a Fit for Duty test.

(3) During the Fit for Duty test, employees who have produced invalid results twice will be required to submit to an alternative form of testing (hair, blood, etc.) as determined appropriate by the physician conducting the test and the MRO.

2. The contract laboratory shall report confirmed positive tests to the MRO. After the laboratory has returned a confirmed positive test result to the MRO, he/she shall attempt to contact the employee within 24 hours to privately discuss any issues that might have affected the urine sample.

a. An employee who receives a positive confirmed test result from the MRO may contest or explain the result to the MRO within five working days after receiving such notification. The MRO may require the employee to submit additional evidence to justify a positive drug test result, including, but not limited to, a valid prescription or a letter from the individual's physician verifying a valid prescription.

b. The MRO shall review all medical records made available by the employee, if any, and determine whether a confirmed positive test could have resulted from legally prescribed medication. If an employee's or applicant's explanation or challenge is unsatisfactory to the MRO, or if the employee does not challenge the test result, the tests shall be considered verified. The MRO shall promptly report the verified test result to the Warden or Superintendent/designee for facilities, the District Director for Probation/Parole offices, or the EDTC for central Office Employees.

c. Employees who test positive for legally prescribed drugs or who have produced two invalid tests may be asked to submit to a Fit for Duty test, as determined by the MRO, to determine their ability to function in a safety sensitive position.

(I) Individuals who pass the Fit for Duty test shall be allowed to return to work as scheduled.

(2) Individuals who fail the Fit for Duty test shall have their results and all information leading up to the failure forwarded to the Warden and facility Human Resources Manager. The Warden shall review and decide upon the outcome on a case by case basis.

(3) Should further clarification be needed by the Warden and facility Human Resources Manager, the TDOC Director of Human Resources will be available for consultation. Effective Date: December 1, 2015 f Index# 302.12 l Page 9 of 15 Subject: DRUG-FREE WORKPLACE

3. If the MRO is unable to make contact with the employee within 24 hours after a minimum of three reasonably spaced attempts over the 24-hour period, he/she shall contact the Warden or Superintendent/designee for facilities, District Director for probation/parole offices and the EDTC for Central Office to contact the employee and inform the employee to contact the MRO. The MRO shall not inform the Warden or Superintendent/designee for facilities and the EDTC for Central Office that the employee has a confirmed positive, adulterated, substituted or invalid test result.

a. The Warden or Superintendent/Designee for facilities, District Director for probation/parole offices and the EDTC for Central Office shall attempt to contact the employee and instruct him/her to call the MRO. The employee must contact the MRO within 72 hours after the notification by the Warden or Superintendent/designee for facilities, District Director for probation/parole offices and the EDTC for Central Office. If the employee does not contact the MRO within 72 hours after being contacted by the Warden or Superintendent/designee for facilities, District Director for Probation/Parole Offices and the EDTC for Central Office, the MRO may verify the test result as positive or refusal to test, as applicable.

b. If the MRO contacts the Warden or Superintendent/designee for facilities, District Director for probation/parole offices and the EDTC for Central Office as authorized above, and the Warden or Superintendent/designee for facilities, District Director for probation/parole offices and the EDTC for Central Office is unable after reasonable efforts to contact the employee by telephone or to locate the employee through his/her supervisor, the Warden or Superintendent/designee for facilities, District Director for probation/parole offices and the EDTC for Central Office may place the employee on temporary medical leave. The Warden or Superintendent/designee for facilities, District Director for probation/parole offices and the EDTC for Central Office must leave a message for the employee by any practicable means (such as voicemail, e mail, or letter) to contact the MRO. The Warden or Superintendent/designee for facilities, District Director for probation/parole offices and the EDTC for Central Office inform the MRO of the date and time of the attempted contact. Reasonable efforts include, at a minimum, three attempts, spaced reasonably over a 24-hour period, to reach the employee at the day and evening telephone numbers listed on the chain of custody form.

4. Upon being notified by the MRO of an employee's verified test result, the Warden or Superintendent/designee for facilities District Director for probation/parole offices and the EDTC for Central Office shall notify the employee of his/her positive drug test. Effective Date: December 1, 2015 IIndex # 302.12 IPage 10 of 15 Subject: DRUG-FREE WORKPLACE

5. Upon notification by the MRO, the employee may request a reconfirmation test using the same specimen sample previously taken.

a. The reconfirmation test shall be performed by an independent SAMHSA certified or CAP-FUT program certified laboratory designated by the TDOC contractor.

b. The reconfirmation test shall be at the employee's expense

6. Results from the analysis of the second test on the split specimen sample shall be evaluated by the MRO and be the final step for determining positive or negative findings.

7. If there is a positive result, the employee shall be subject to disciplinary action up to and including termination.

L. Failure to Provide an Immediate Specimen

1. If the employee fails to provide a specimen immediately, he/she shall remain in the collection area with an escort and may be furnished up to a total of 40 ounces of fluids over a three-hour period.

2. If the employee has not provided a sufficient specimen within three hours of the first unsuccessful attempt, the collection she person shall discontinue the collection and notifY the Warden or Superintendent/designee for facilities, District Director for probation/parole offices and the EDTC for Central Office employees.

3. Any employee who fails to provide a sufficient urine specimen may have a licensed physician (who has performed an evaluation of the employee) submit to the MRO a brief written statement indicating the physician's conclusion as to the employee's ability to provide an adequate amount of urine and the basis for the conclusion. The MRO shall consider the statement in determining whether the employee has willfully refused to provide the required specimen. After reviewing the physician's statement, the MRO shall report his/her determination to the Warden or Superintendent/designee for facilities, District Director for probation/parole offices, and the EDTC for Central Office employees in writing. For purposes of this paragraph, a medical condition includes an ascertainable physiological condition (e.g., a system dysfunction) or a documented pre-existing psychological disorder, but does not include unsupported assertions of "situational anxiety" or dehydration.

M. Additional Procedures for Random Testing

1. At each facility, probation/parole office, the Training Academy, and Central Office, Human Resources shall maintain a current Jist of employees who are subject to random testing as the result of being assigned to a safety-sensitive position. All positions in the department shall be reviewed annually to determine whether a change in job functions necessitates a change in a position's designation or non-designation as safety-sensitive. Effective Date: December I, 2015 IIndex# 302.12 IPage 11 of 15 Subject: DRUG-FREE WORKPLACE

2. On a schedule established by the Department and using the list of TDOC employees in safety-sensitive positions supplied by TDOC Human Resources, the Contractor will notify the appropriate Warden or Superintendent/designee for facilities, District Director for probation/parole offices and the EDTC for Central Office employees, that an employee has been randomly selected for drug testing. The Warden or Superintendent/designee for facilities, District Director for probation/parole offices and the EDTC for Central Office employees shall notify the employee that he/she has been randomly selected for a drug test and direct the employee to immediately report to the designated test site to provide a specimen. Notification to the employee shall occur during the employee's current shift or, if the employee is not on duty at the time, during the next shift the employee works. Testing shall occur during the period the employee is scheduled to work, and as soon as practicable after the employee is notified of his/her selection.

3. The test shall be at the Department's expense.

N. Additional Procedures for Reasonable Suspicion Drug Testing

I. Employees shall be required to submit to drug and alcohol testing as a condition of continued employment to ascertain prohibited drug use in any case which an individualized "reasonable suspicion" exists that the employee uses or is using drugs or alcohol. This may be based upon the reasons set forth in Section VI.(F)(2).

2. If any employee is suspected of using drugs or of using alcohol, the Warden or Superintendent/designee for facilities, District Director for probation/parole offices and the EDTC for Central Office and Office of Investigation and Compliance employees shall gather all information, facts, and circumstances leading to and supporting this suspicion and shall document all the information used in forming the basis for testing. The Warden or Superintendent/designee for facilities, District Director for probation and parole offices, and the EDTC for Central Office employees shall notify the employee through the Reasonable Suspicion of Substance Abuse Testing Notice, CR-3676, which he or she must submit to testing. The written report ofthe Warden or Superintendent/designee for facilities, District Director for probation/parole offices and the EDTC for Central Office employees shall become part of the file and created and maintained by the Director of Human Resources/designee for each reasonable suspicion drug test ordered.

3. An employee shall be escorted to a test site (where the initial test shall be conducted) determined by the Warden or Superintendent/designee for facilities, District Director for probation/parole offices and by the EDTC for Central Office employees. A staff member of the Division of OIC shall provide escort for any Central Office employee who is to be tested due to reasonable suspicion. Wardens (for institutional staff) District Director (for probation/parole staff) the TCA Superintendent (for Academy staff) shall identifY staff member(s) who shall provide escort for any employee who is to be tested due to reasonable suspicion. Procedures for the collecting and testing of urine specimens as well as the reporting and reviewing of results shall be in accordance with Sections VI.(J) and VI.(K) above. Effective Date: December I, 2015 IIndex# 302.12 IPage 12 of 15 Subject: DRUG-FREE WORKPLACE

4. If the employee fails to provide a specimen immediately, the procedures outlined in Section VI. (L) Above shall be followed. If the employee cannot provide a specimen during the three-hour timeframe, the escorting supervisor shall ensure that contact is made with the Warden or Superintendent/designee for facilities, District Director for probation/parole offices and the EDTC for Central Office employees for further instruction

5. TDOC reserves the right to request observed collection of samples at their discretion. Based on SAMHSA guidelines, all follow up tests due to an initial result will be an observed collection.

0. onfidentiality: Subject to federal and state law, employee drug and alcohol testing results and records shall be maintained under strict confidentiality. The contractor, the MRO, and employees involved in the administration of this policy shall observe strict confidentiality of an employee's test results and treatment. Any employee violating this requirement of confidentiality will be subject to disciplinary action, up to and including termination.

P. Any employee who compromises the integrity of the alcohol and drug testing program or who fails to enforce it shall also be subject to disciplinary action, up to and including termination.

Q. An employee or applicant shall be responsible for notifying the laboratory of any administrative or civil action brought pursuant to TCA 50-9-10 I through 114 and/or TAC 0800-2-12.

R. Employees who are confirmed to have a positive drug screen result, or who refuse a required drug screen, or who have a positive drug screen result reconfirmed, or who have altered their specimen or drug screen results are subject to disciplinary action.

VII. ACA STANDARDS: 4-4063.

VIII. EXPIRATIO DATE: December 1, 2018. TENNESSEE DEPARTMENT OF CORRECTION

ACKNOWLEDGMENT OF RECEIPT OF TDOC DRUG-FREE WORKPLACE POLICY (EFFECTIVE DATE 11/1/2006)

By signing this Acknowledgment form, I affirm that I have received a copy of Policy #302.12 Drug-Free Workplace. I understand that it is my obligation to read, understand and comply with the procedures and provisions contained within this policy. I also understand that failure to comply with a drug and/or alcohol testing request or a positive confirmed test for the illegal use of ctugs and/or alcohol may lead to disciplinary action up to and including termination of employment and/or loss of workers' compensation benefits.

Employee Name (printed)

Employee Signature

Date

Institution

Witness Signature

CR-3679 Original- Personnel File RDA TENNESSEE DEPARTMENT OF CORRECTION

ACKNOWLEDGMENT OF RECEIPT OF NOTICE OF DESIGNATION OF POSITION AS SAFETY SENSITIVE (EFFECTIVE DATE 11/1/2006)

By signing this Acknowledgment form, I affirm that I have been notified in writing that my position has been designated as safety sensitive and that I will be subject to random drug/alcohol testing in accordance with Policy #302.12.

Employee Name (printed)

Employee Signature

Date

Institution

Witness Signature

CR-3678 Original- Personnel File RDA STATE OF TENNESSEE DEPARTMENT OF CORRECTION EMPLOYEE SUBSTANCE ABUSE PROGRAM REASONABLE SUSPICION OF SUBSTANCE ABUSE TESTING NOTICE

All parts, A through D, must be completed by a trained supervisor and signed by both the supervisor and the Warden/Superintendent (or designee) prior to directing an employee to undergo reasonable suspicion drug testing.

An employee is subject to reasonable susp1c1on testing when after review of the specific facts and circumstances in a particular employee's case, a trained supervisor concludes that there exists a reasonable suspicion that an employee has engaged or is engaging in conduct prohibited under this policy. A trained supervisor must document the specific facts and circumstances that led to reasonable suspicion.

PART A

Employee: ______F,acility : ------

Employee ID #(or SS#) ------Date(s) of occurrence{s) ______

PART B Check all that apply.

PERSONAL APPEARANCE 0 Smells of alcohol 0 Deteriorating personal appearance or change 0 Slurred speech in appearance after lunch or breaks 0 Bloodshot eyes, apparent unfocused vision 0 Unsteady walk or wearing sunglasses at inappropriate times

MENTAL FACTORS 0 Decreased concentration or increased 0 Repeated mistakes, increased confusion carelessness, errors in judgment 0 Difficulty understanding and following 0 Wide mood swings instruction

HEALTH & SAFETY 0 High on-the-job accident rate 0 Careless handling and maintenance of 0 Numerous accidents off the job that affect equipment work performance 0 Needless risk-taking 0 Disregard for others' safety

GENERAL PERFORMANCE 0 Failure to meet deadlines 0 Continuing decrease in work quality and productivity 0 Improbable excuses for poor job performance

CR-3676 (Rev. 12-06) Page 1 of3 Duplicate as Needed PEER RELATIONSHIPS D Altercations with others D Threatening and intimidating behavior D Avoidance of others D Borrowing money from co-workers D Excessive co-worker complaints

ATIENDANCE D Frequent absences for questionable or unexplained reasons or a pattern of D Unexplained disappearances from the job absences D Tardiness /leaving work early 0 Unexcused absences 0 Long lunches or breaks

Comments made by employee: (Please quote any remarks, admissions, inappropriate language, etc. that may be pertinent to the employee's condition)

*********************************************************************

0 2. Employee observed with drug paraphernalia while on duty or on State of Tennessee property

Reason for believing source is reliable and credible:

0 3. Report of prohibited drug and/or alcohol use by employee provided by a reliable and credible source

Reason for believing source is reliable and credible:

Note to Supervisor: Each section of Part B will be reviewed independently. An absence of response(s) in any one section does not preclude the ordering of a reasonable suspicion test.

CR-3676 (Rev. 12-06) Page 2 of3 Duplicate as Needed PART C: Provide any additional descriptions of the circumstances, including any facts, inferences drawn from those facts, which constitutes the reasonable suspicion held that the employee has engaged in prohibited drug or alcohol use.

Trained Supervisor Date

Warden/Superintendent (or designee) Date

The signatories are ordering the following reasonable suspicion test (check one):

__ drugs __ alcohol __ both

It is required that a copy of this Reasonable Suspicion Form be 6rwarded to Human Resources.

For purposes of Department of Transportation reporting, please check the following box if this employee is required to maintain a Commercial Drivers License (COL).

CJ COL Holder

CR-3676 (Rev. 12-06) Page 3 of3 Duplicate as Needed l

Il Attachment Five (Company Letterhead/Logo) I To: Mr./Ms. Name of state agency contact State ofT ennessee Deparlment Address

Date:

MrJMrs.(Agency Contact),

(COMPANY NAME) is committed to achieving or surpassing the stated goal of (SPECIFY PERCENTAGE) spend with certified diversity business enterprise firms on the state of Tennessee (RFP 32901-31280 for Employee Drug Testing Program Services) and (Edison contract# to be assigned). Diversity businesses are defined as those that are: 1. Owned by a person or persons of ethnic minority, or female gender, or service-disabled veterans, or are which are small businesses as defined by the State of Tennessee's Governor's Office of Diversity Business Enterprise {Go-DBE); and 2. Certified as a minority, woman owned, service-disabled veteran owned or small business enterprise or MBE, WBE, SDVBE or SSE by Go-DBE.

We confirm our commitment of (SPECIFY PERCENTAGE) participation on the state of Tennessee contract by r using the following diversity businesses:

(i) Name and ownership characteristics (i.e., ethnicity, sex, disability) of anticipated diversity I subcontractors and suppliers: (Use separate attachment if needed)

(ii) Participation estimates (expressed as a percent of the total contract value to be dedicated to diversity subcontractors and suppliers): ___ %.

(iii) Description of anticipated services to be performed by diversity subcontractors and suppliers:

l I I ~ Further, we commit to: 1. Using applicable reporting tools that allow the Governor's Office of Diversity Business Enterprise to track and report purchases andlor payments to businesses owned by minority, women, service-disabled veterans and small businesses. ·

2. Reporting quarterly to the Go-DSE office the dollars paid to certified

(COMPANY NAME) is committed to working with the Governor's Office of Diversity Business Enterprise office to accomplish this goaL

Regards,

xxxiv Attachment SIX- Revenue Registration Registration for Sales and Use Tax in Tennessee Job Aid for Vendors 1. Enter the link into your browser or click on the link below. http://www.tn.gov/rev nu

2. Click on the "Revenue Help" link on the keyboard or at the bottom of the page.

• wU>Tr,g~ TN IJcp-11 tn,cn' c,f Revenue

How Dol...? y E-fileandPay Taxes y Tax Resources Trt!eandRegistration Motor carrier Doing Business HotTopics

ocialM!!dia II t1 a

lDcalGovs Ahour Us Depolrtmentofllewnue Rid>anl H.Rol>er13, Comfl'fts5ioner et to Know Relienue For County 0er1

~~Tennessee Department of Revenue~~

~~Sign 1n search the help desk 1 find articles 1 submit a request~~

~~Search~~

~~Taxes Vehicle Title & Registration~~

~~Revenue Careers Motor Carrier~~

~~4. In the drop down menu select "Temiessee Tax Law". Submit a request~~

Please choose from the forms below to submit yoor request We look forward to assisting yoo! By clicking submit, 1certify that 1am an authorized representative for any tax account for which I am submitting questions.

~~~ennessee Tax Law~~

~~5. Complete each field that has an asterisk (*) with your information. Yow- em3il ilddre&s a~~

~~Subject•~~

~~Descriptiun•~~

~~Ples&e l!llli!r ltle CIC!Iillll or YtJII' request A rneld!er or Dllf lillllPOfl &Ia W1l reGpllfld • soon 111 pcRIIIIl!.~~

Name *

~~Phune N wn~ter•~~

~~Add lie or drop lies here~~

~~6. In the subject field enter Vendor Sales and Use Tax.~~

Subject*

~~Vendor Sales 8ld Use Tax~~

~~7. Answer the questions below. Copy and paste the questions with your response in the description field.~~

a. As an out-of-state vendor, what are you selling or providing to a Tennessee entity? b. Do you have any employees in Tennessee? c. Do you have a business location in Tennessee? d. Do you have sales reps that enter Tennessee? e. How is your product delivered to a Tennessee customer? (common carrier or company vehicles, electronically, or by tangible method) f. If installation is required, who installs the product?

~~Description •~~

Do yoo have sales reps lhat erier Tennessee? Yes tbv is yow proOOct delvered ID a Tennessee customer? (common canier or C01'J116f1V llehicles, elecln:Jrically, or by tangible melhod) If inslaiiBiion is reqlired, W10 Installs the product? By F~HVi

~~PII!BIIe I!ITierlhe lll!liiiB or ycu ~ 11. menlber or our &llppmt 6l:il W1l reipOrld • &oon II& poa&IDII!. 8. Type in your name and phone number.~~

~~9. Click the Submit button.~~

Once these questions are answered, the Tennessee Department of Revenue will contact you via e-mail within 24 hours and determine if your business needs to register for a Sales and Use Tax account or if you are exempt from such registration.