New SCHEDULE A: DOT DRUG AND ALCOHOL TESTING · 2020. 2. 19. · drug and alcohol collection and testing that meet dot requirements 9. drug and alcohol tests and collections are billed

A COMPANY IN MOTION DRIVING YOUR BUSINESS FORWARD

SCHEDULE OF SERVICES SCHEDULE A: DOT DRUG AND ALCOHOL TESTING

Foley will provide the services listed below for a DOT Drug and Alcohol Testing Program to assist in Client’s requirements to meet applicable Department of Transportation Regulations. The annual program includes participation in a consortium that follows applicable DOT operating agency calendar year testing requirements. The annual program administration fee includes the following services, which will be started on the “random start date” and will continue for twelve (12) months. Client will be invoiced for the programannually.

DEFINITIONS

• “DOT Drug and Alcohol Testing Program” means aprogram that is compliant with the applicable stateand Federal regulations. The DOT Drug and AlcoholTesting Program is run as a Subscription Service.

PROGRAM ADMINISTRATION

1. FOLEY CARRIER SERVICES’ DRUG AND ALCOHOLPROGRAM MANUAL. This manual is provided on anon-exclusive licensed basis and includes specialforms and other materials to assist you in meeting yourprogram requirements.

2. DRUG and ALCOHOL POLICY AND EDUCATIONMATERIALS. This is provided on a non-exclusivelicensed basis and is designed to meet therequirements defined in 49 CFR 382.601. It includesupdates as needed and telephone consulting.

3. RANDOM SELECTION of drivers, including notification,reporting, and administration as required by FMCSAregulations.

4. DRIVER CARDS for each covered employee/contractor(herein Employee) specifying program coverage.

5. RECORD RETENTION AND FEDERAL REPORTINGASSISTANCE to meet then-current DOT storagerequirements, and client access requirements.Appropriate records will be maintained but, if yourequire on-site assistance for any purpose, consultingfees will be extra.

6. CONSULTING FOR POST ACCIDENT ANDREASONABLE-SUSPICION TEST, available 24/7 viatoll free support number (1-800-253-5506).

7. SUBSTANCE ABUSE PROFESSIONAL (SAP) consultingand assistance to Client after prohibited conductevents (EXCLUDES SAP evaluations).

8. HHS CERTIFIED LABORATORY and CERTIFIED BATTESTING (initial screening and confirms) per 49 CFRPart 40 requirements

DRUG AND ALCOHOL COLLECTION AND TESTING THAT MEET DOT REQUIREMENTS

9. DRUG AND ALCOHOL TESTS AND COLLECTIONS AREBILLED INDIVIDUALLY ACCORDING TO THE FEESCHEDULE LISTED

10. DRUG SPECIMEN COLLECTION at one or more localfacilities.

11. MEDICAL REVIEW OFFICER (MRO) of all drug tests.12. DOT QUALIFIED ALCOHOL COLLECTION AND

TESTING by a Certified Breath Alcohol Technician forscreening and confirmation. Important Note: Pre-employment, return-to-duty, follow-up, and split-specimen tests are available but are not included in the“per-driver’’ fee. The base policy makes available theoption of requiring the driver with the prohibitedconduct event to reimburse Client for all costs incurredfor return-to-duty and follow-up tests and SAPevaluations.

ONE -TIME PROGRAM SETUP

13. ENTRY OF CLIENT AND DRIVER information,computerized random selection, setup, and drivermanagement system.

14. SUPERVISOR REASONABLE-SUSPICION TRAINING tomeet the two-hour requirement (optional self-guidedmanual DVD).

15. COLLECTION SITE SETUP for drug test collection,alcohol testing, post- accident collection, nearest 24-hour site etc.

16. START-UP MATERIALS: Applicable initial start-upmaterials and CCF forms, shipping and handling.

ADDITIONAL SERVICES

CERTIFIED SUBSTANCE ABUSE PROFESSIONAL services are available at an additional fee to meet DOT requirements and will be arranged when required after a prohibited conduct event for driver evaluations, return-to- duty testing and follow-up scheduling. Other Optional Services are available for: on-site training, consulting, on-site assistance for policy development, union negotiations, DOT audits, on site collections (if available), Drug Free Workplace Programs, and full-service Employee Assistance Programs, etc.

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RETURN POLICY

Orders for Drug and Alcohol programs and services may be canceled for a 50% refund during the first thirty

(30) days by calling Customer Service and notifying theCompany of your decision to cancel. One-time services,like completed pre-employment drug and/or alcoholtests, are non- refundable.

DRUG AND ALCOHOL SERVICES TERMS ("DAT TERMS")

1. Services

These DAT Terms are only applicable if End-User usesFoley's Drug and Alcohol Services, as outlined below.Upon End-User's request and subject to the terms andconditions of these DAT Terms, Foley agrees to provideor facilitate the provision of substance abuse testing,medical review officer ("MRO") and related programadministration and other services specified in ScheduleA, in connection with End-User's screening of jobapplicants, employees and/or other persons for whichEnd-User has a legally permissible purpose to conductthe screening pursuant to these DAT Terms(collectively, "Candidate" or "Applicant"). All reports andscreening results, regardless of format, provided byFoley to End-User pursuant to these DAT Terms aredefined as "Consumer Reports." References to"Consumer Report(s)" refer to an entire ConsumerReport, as well as any and all specific informationcontained in such Consumer Report. End-Useracknowledges that certain products and services maybe provided by or through Foley's affiliates and/orsubsidiaries; provided, however, Foley shall remainsolely responsible for such affiliates' and subsidiaries'performance under these DAT Terms. Notwithstandinganything to the contrary in the Services Agreement, theparties acknowledge that Consumer Reports and otherservices ordered and provided pursuant to these DATTerms (collectively, "DAT Services") may be ordered inaccordance with End-User’s instructions and inconnection with End-User's screening of job applicants,employees and/or other persons for which End-Userhas a legally permissible purpose to conduct thescreening.

2. Foley Obligations

(2.1) Foley shall be responsible for identifying andcomplying with all Laws applicable to Foley inconnection with its obligations under these DAT Terms.Foley may act as a Third Party Administrator ("TPA") asthat term is defined by the

U.S. Department of Transportation ("DOT") inadministering End-User's drug and alcohol testingprogram and will comply with DOT regulations to theextent applicable in fulfilling its obligations under theseDAT Terms.

(2.2) MRO services provided under these DAT Termsshall be performed in accordance with End-User-specific requirements, if any, specifically set forth in theSchedule A.

(2.3) Foley will establish laboratory testing services forEnd-User at a SAMHSA certified laboratory(s) to serve

End-User's substance abuse testing program, unless End-User has otherwise directed Foley to use other legally acceptable non-SAMHSA testing methodologies, which shall be specifically set forth in Schedule A.

(2.4) Foley will use reasonable efforts to promptly report untroubled negative test results after receiving all necessary testing results and documentation required for reporting. For purposes of this section, "untroubled" means there are no unresolved administrative or medical issues preventing MRO verification of the test results.

(2.5) Foley will use reasonable efforts to promptly report non-negative test results after receiving all necessary testing results and documentation required for reporting.

(2.6) If applicable, test information maintained by Foley for DOT testing programs will be provided to End-User for its use in completing the DOT Drug And Alcohol Testing MIS Data Collection Form.

(2.7) Foley will use reasonable efforts to make available to End-User individual records related to alcohol and drug testing performed by Foley for End-User, except records containing confidential medical information, within an average of two (2) business days of written notification by End-User of such request, at location(s) of End-User's choosing and at End-User's expense for copying, shipping charges and any other applicable charges set forth in the Schedule A for production of multiple or archived records may require additional time.

(2.8) End-User recognizes that Foley at times may act as a "consumer reporting agency" as defined by the FCRA and applicable state Laws, and Foley will comply with the FCRA to the extent applicable in fulfilling its obligations under these DAT Terms.

(2.9) Except as otherwise required or authorized by applicable Laws, Foley will not release individual test results to any person without first obtaining specific written authorization from the tested Candidate; provided, however, that nothing in this paragraph shall prohibit Foley from releasing such information to: (a) End-User or its agents, (b) any federal, state or local agency with regulatory authority over End-User's testing program, the tested individual, or as part of an accident investigation, etc.; (c) comply with its legal obligations related to requests resulting from legal action initiated by a Candidate, including but not limited to lawsuits, unemployment hearings, workers' compensation hearings, or grievances; or (d) in response to court orders or valid subpoenas.

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(2.10) In the case of any legal challenge regarding a test or related services administered by Foley, Foley may, in its sole discretion, provide expert testimony and/or other litigation support services with respect to the technical issues regarding the performance of such test. Costs, fees and expenses for this service will be the responsibility of the End-User, as provided in Schedule A or otherwise agreed in writing between Foley and End-User.

3. End-User Obligations

(3.1) End-User shall be responsible for identifying andcomplying with all Laws applicable to End-User inconnection with its obligations under these DAT Terms,including but not limited to those affecting thecircumstances in which Candidates may be tested,those related to making appropriate disclosures andthose related to obtaining appropriate consent fromeach Candidate as part of the testing process. End-User will comply with all requirements set forth in theAgreement, including but not limited to the“Compliance Certification”, to the extent applicable tothe DAT Services.

(3.2) End-User authorizes Foley, in its good faith discretion, to request specific information from any individual and/or to order additional tests as necessary or appropriate and related to tests performed for End-User. End-User agrees to pay for additional costs, fees and expenses related to such information requests or additional testing performed.

(3.3) End-User acknowledges that performance of necessary verification procedures may be dependent upon cooperation by End-User representatives, tested Candidates, personal physicians and/or health care providers that may possess relevant information. End-User agrees that Foley shall have no responsibility for services or service levels that are delayed or cannot be provided due to lack of such cooperation.

(3.4) End-User shall keep and maintain copies of all Candidate consent forms and Candidate notices for a minimum period of five (5) years (or such longer period as may be required by applicable Law) and End-User shall promptly make available to Foley for compliance review purposes such records and other documentation reasonably requested.

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SCHEDULE B: DRUG FREE WORKPLACE PROGRAM Foley will provide services listed below for a Drug Free Workplace Drug and Alcohol Testing Program to assist in Client’s management efforts of this program. The annual program administration fee includes the following services that will be started on the first day of the selected quarter and will continue for 12 months from that date or as automatically extended per this agreement.

DEFINITIONS

• “Drug Free Workplace Drug and Alcohol TestingProgram” means a program that is compliant withthe applicable state and Federal regulations. TheDrug Free Workplace Drug and Alcohol TestingProgram is run as a Subscription Service.


A. THE DRUG FREE WORKPLACE PROGRAM MANUAL.This manual is provided on a non-exclusive licensedbasis and includes special forms and other materials toassist your program manager.

B. EMPLOYEE’S DRUG AND ALCOHOL POLICYcustomized to your program is provided on a non-exclusive basis and is designed to meet your programrequirements.

C. ANTI-DRUG COMPANY STATEMENT AND NOTICE areprovided at the beginning of the policy. The bedrock ofevery corporate anti-drug program is a simple policystatement banning drugs in clear strong language.Experts conclude that regardless of the type of anti-drug program you elect, including random testing (ifallowed by state laws), a strong company position goesa long way in effectively reducing the negative impactof illegal drug use.

D. COLLECTION SITE SET UP at one of our sitesthroughout the U.S. On- site collections may beavailable, if desired at an additional fee.

E. CONSULTING FOR POST ACCIDENT & REASONABLE-SUSPICION TESTING, available 24/7 via our toll-freesupport number (1-800-253- 5506). Emergency afterhours testing will be charged at actual fees of test andany incremental fees incurred by Foley

F. HHS CERTIFIED LABORATORY and CERTIFIED BATTESTING (initial screening and confirms).

DRUG AND ALCOHOL COLLECTION AND TESTING

G. RANDOM EMPLOYEE SELECTION and administration ifClient selects the random testing option for its non-DOT employees (only where not prohibited by law).

H. DRUG SPECIMEN COLLECTION at one or more localcollection facilities.

I. MEDICAL REVIEW OFFICER (MRO) review of all drugtests. To eliminate presumed positives due tolegitimate prescription drug use, the MRO, not thelaboratory, is the final authority for the determination ofthe presence of illegal drugs in a test.

J. REPORTING OF TEST RESULTS is conducted viatelephone, confidential fax or email to your programmanager for all drug test results (except for negativerandom results) with the hard copy to follow via mail.

Important Note: Random, Pre-employment, reasonablesuspicion, post- accident, return-to-duty, follow-up, andsplit-specimen tests are available but are not includedin the “per employee” fee. They will be invoicedmonthly based on actual usage.

ADDITIONAL SERVICES

Optional services are available at an additional fee for: on-site training, consulting, on-site assistance for policy development, union negotiations, on site collection (if available), DOT Drug & Alcohol testing programs, and Substance Abuse Professional Services.

RETURN POLICY

Orders for Drug and Alcohol programs and services may be canceled for a 50% refund during the first thirty (30) days by calling Customer Service and notifying theCompany of your decision to cancel.

One-time services, like a completed pre-employment drug and/or alcohol tests, are non-refundable.

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SCHEDULE C: ELECTRONIC LOGGING DEVICES AND IFTA PREPARATION

ELD DATA

DEFINITIONS.

• “App” means a Mobile Device Application.

• “Electronic Logging Device (ELD)” refers to thehardware device provided by a Foley vendor thatdirectly connects to a truck and providesinformation to Foley.

1. ELD Set Up and IFTA Mileage Data. Customer mustinstall the ELD device into the truck(s) immediately,according to the instructions provided in the QuickStart Guide, in order for it to track your Hours ofService and state border crossings. If you do not installthe ELD in your truck, it will not track your Hours ofService or the state border crossings and Foley will beunable to gather the data needed to prepare your IFTAfiling - resulting in you being out of compliance. Onceyou install the ELD in your truck and sync it with theKeepTruckin application on your mobile phone, yourstate border crossings will be automatically trackedand Foley will retrieve that data in order to prepareyour Quarterly IFTA filing.

2. IFTA Fuel Data. To track your fuel data, use theKeepTruckin app to document your fuel purchases byentering information about each purchase and taking apicture of each receipt.

3. Quarterly Deadline: The International Fuel TaxAgreement (IFTA) requires companies to submit IFTAFuel Tax Reports, along with any fuel tax payments, ona quarterly basis. To ensure that quarterly reports arecompleted on time, Foley requires that data for allenrolled vehicles are submitted by the 10th dayfollowing the end of each Quarter (e.g., Q1 data mustbe received by Foley on or before April 10th).

4. Data Processing and Exception Management. Eachquarter Foley will process Customer’s data to identifyany potential issues and generate a list of exceptions.Foley will correspond with Customer via email andtelephone to resolve exceptions as needed. We willmake repeated attempts to contact you to ensure thatwe receive your fuel tax information before eachdeadline. If you are non-responsive, we will create apartial Quarterly Tax Report based on the informationthat we do possess.

QUARTERLY TAX REPORTS

5. IFTA Report Preparation and Submission. Eachquarter Foley will prepare Customer’s IFTA tax returndetailing tax refunds and/or liabilities based on datasupplied by Customer. Foley will send a copy of this

report to Customer and will submit the return to the appropriate state authority on the Customer’s behalf.

6. New York HUT and Kentucky KYU and New MexicoWeight and Distance Returns. Each quarter Foley willprepare Customer’s highway usage tax (HUT), andKentucky and New Mexico Weight and Distancereturns detailing tax refunds and/or liabilities based ondata supplied by Customer. Foley will send a copy ofthis report to Customer.

FOR NY HUT:

• If you have miles in New York, we can help prepareyour New York Highway Use Tax report

• Prior to driving in New York, the customer mustobtain a HUT permit and supply it to Foley. Foleycannot process this without the HUT Permit.

• Once you obtain a New York HUT permit you mustfile a HUT return each quarter.

FOR NEW MEXICO WEIGHT DISTANCE RETURN:

• Registrants, owners and operators of all motorvehicles having a declared gross weight or grossvehicle weight in excess of 26,000 pounds and whoare using highways in this state are subject to theweight distance tax for the use of the highways ofNew Mexico.

• Prior to driving in New Mexico, you must obtain aNew Mexico Weight Distance ID and supply it toFoley. Foley cannot process this without the NewMexico Weight Distance I D .

• Once you obtain a New Mexico permit, you must filea WD return each quarter.

FOR KENTUCKY WEIGHT DISTANCE RETURN:

• If you operate vehicles with a weight greater than orequal to 60,000 pounds and travel throughKentucky, you must obtain a KYU number and filethe Kentucky Weight Distance T a x quarterly.

• Prior to driving in Kentucky, you must obtain a KYUnumber and supply it to Foley. Foley cannotprocess this without the KYU number.

• Once you obtain a KYU number, you must file a WDreturn each quarter.

7. Tax Payments. Customer is responsible for all taxpayments and will remit payment directly to theappropriate state authority.

8. Accuracy and Payment. It is Customer’s responsibilityto ensure that all of the information on the IFTAQuarterly Tax Report is accurate and complete and that

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the report, along with any payment, is submitted on time.

MISCELLANEOUS

9. Reports. Foley will supply customer will an annualreport detailing mileage by state and truck to supportCustomer’s IRP filing. Additionally, on an as-neededbasis, Foley will provide Customer with standardreports detailing mileage by state by truck, miles pergallon by truck, etc.

10. Audit Support. Foley’s IFTA specialists are available tosupport Customer in the case of an IFTA audit byproviding data and by speaking to a state auditor.

11. Product Use. The use of the ELD and App whileoperating motor vehicles is subject to all applicablelaws regarding transportation and/or safety. Using theApp while driving is strictly forbidden. As such, Foleydoes not assume any liability or responsibility for anydamages, losses or claims resulting from the use ofthe ELD or App while driving a vehicle.

RETURN POLICY

Orders for IFTA Preparation programs and services (ordered but not utilized) may be canceled for a 50% refund during the first thirty (30) days by calling Customer Service and notifying the Company of your decision to cancel.

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SCHEDULE D: DRIVER SERVICES

DRIVER FILE CREATION

Driver File Creation service provides a detailed and compliant review of your driver’s qualifications and safety history. This one-time service includes the following features and products:

• Safety Performance History Investigation and Drugand Alcohol Testing Inquiry

• Motor Vehicle Report

• Set up of the Driver Qualification File

• Set up of the Safety Performance History file

• A DOT-Compliant application, including all thepaperwork required for Foley Carrier Services tocomplete the above

DRIVER FILE CONVERSION

This Driver File Conversion takes your current paper files and converts them into electronic Driver Qualification Files that can be accessed from any computer.

• Conversion of your paper Driver Qualification Filesinto easily accessible electronic files on youronline portal

• A Motor Vehicle Report, along with the appropriateEmployee and Employer review documentation,when missing from your current file(s)

• Transfer of all time-sensitive information, such asmedical certificates and CDLs, into your portalnotification system to enable ongoing compliance

DRIVER FILE MANAGEMENT

The Driver File Management service keeps your files current for ongoing compliance maintenance. This recurring service includes access to a secure online account where you can fully manage your program. Features and benefits include:

• Compliance alerts when something in a driver’s fileis missing or expiring

• One Motor Vehicle Report (MVR) included for eachdriver every year Company Expiration Date Reportorganized chronologically listing the items whichare coming due for each driver

• The guidance and information needed to performeach driver’s annual Review of Driving Record

• Web-based access to all of the documents in yourdrivers’ files

• Telephone and web-based consultations forsupport and guidance regarding the programs andthe applicable regulations

PREMIUM DRIVER FILE DOCUMENT REVIEW

The Premium Driver File Document Review service ensures that specific documents associated with your Driver Qualification Files match the records in Foley’s portal, For each driver, Foley will review a Driver's License and a Driver's DOT Physical Short Form, commonly called the Medical Certificate and hereinafter, "Medical Card". This service will not cover review of a Driver's DOT Physical Long Form.

Driver’s License Review The following items on a Driver's License will be reviewed to ensure match to the corresponding employee record in Foley's portal:

• Name

• License Number

• Expiration Date

• State

• License Class

• Endorsements

Foley will also verify that the Driver’s License contains a signature in the appropriate location.

Medical Card Review The following items on a Medical Card will be reviewed to ensure match to the corresponding employee record in Foley's portal:

• Employee Name

• Expiration Date

Foley will verify that the Medical Card contains a signature in the appropriate location.

Foley will also verify that the listed examiner on the Medical Card is, as of date of review, active in the DOT National Registry of Certified Medical Examiners, through access to the DOT's website search only.

If you enroll in any of the following services, the Premium Driver File Document Review service can be added at these qualifying service events:

• Driver File Conversion- when you transfer yourpreviously created Driver Qualification Files toFoley's Portal

• Driver File Creation- upon creation of a new driverfile utilizing Foley's Portal and when the respectivedocuments are uploaded

• Driver File Management- when requested by aFoley generated alert, a replacement document isadded to Foley's Portal

Document Acceptance. When a document is reviewed and accepted by Foley, the missing item alert will be

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cleared from the employee record in Foley's Portal.

Document Rejection. When a document is reviewed and rejected by Foley, the missing item alert will remain on the employee record and a brief description of the error will be included.

Items Not Reviewed. The following items will not be reviewed, performed, or considered as part of this service:

• Driver's License forgery, alteration, or authentication

• Driver's License signature match

• Driver's License Image

• Medical Card forgery, alteration, or authentication

NOTE: The Premium Driver File Document Review does not include a determination on whether a driver may legally operate a commercial motor vehicle or is disqualified from driving a commercial motor vehicle.

MOTOR VEHICLE REPORT MONITORING

The Motor Vehicle Report Monitoring program continuously monitors each driver’s license activity. Features and benefits include:

• An initial Motor Vehicle Report on all enrolledemployees

• Live monitoring of each enrolled driver’s license forchanges

• An updated Motor Vehicle Report when changesare identified

• Access to an Electronic Portal to manage yourdriver roster

ACKNOWLEDGMENTS

• Motor Vehicle Reports. End-User acknowledgesthat motor vehicle reports ("MVRs") and relatedinformation are considered Consumer Reports forpurposes of this Agreement. If End-User requestsMVRs or related information from Foley under thisAgreement, then End-User further represents andagrees that: (i) it is qualified to do business andvalidly holds all licenses required to operate End-User`s business in all states where End-User

conducts business and/or has employees; (ii) it will comply with all applicable Laws related to the procurement and use of MVRs, including, without limitation, the FCRA and the Driver`s Privacy Protection Act, 18 U.S.C. 2721 et seq. ("DPPA"); (iii) it will not use the MVRs to build its own database; and (iv) it will, from time to time upon Foley`s request, execute paperwork required by applicable state Departments of Motor Vehicles and/or other data sources for End-User`s access to MVRs.

• Monitoring Services. Monitoring services may beordered in accordance with End- User’sinstructions and in connection with End-User'sscreening of job applicants, employees and/orother persons for which End-User has a legallypermissible purpose to conduct the screening.Monitoring services offered under this Agreementare limited to those services permitted underapplicable state law and subject to state lawrequirements. End-User agrees to comply with allEnd-User obligations for each specific service thatthe monitoring pertains to. End-User acknowledgesthat Foley`s monitoring services require that End-User update its employee list within 24 hours forall changes to ensure that monitoring is onlyperformed on current employees. End-User will beresponsible for all fees incurred on inaccurate lists.End-User agrees to provide Foley with anyadditional documentation required in order tocomplete the monitoring services.

RETURN POLICY

Orders for Driver File Management programs and services may be canceled for a 50% refund during the first thirty (30) days by calling Customer Service and notifying the Company of your decision to cancel. Driver File Creation, Driver File Conversion and initial MVRs, including those partially completed but unable to be completed due to missing customer or employee provided information are considered One-Time Services and are non-refundable.

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SCHEDULE E: BACKGROUND SCREENING SERVICES


1. Screening Solutions: Foley provides access to anordering platform which allows customers to orderbackground checks on employees/ potentialemployees either through a custom-built package or ala carte. These background checks include, but are notlimited, to the following:

a. Criminal

b. Verifications (Education, Reference,Employment)

c. Sanction & Database

d. I.D. Verifications

e. I9 (electronic) & e-Verify

f. Drug Screening

g. Clinical Services

h. Occupational Medicine

i. Fingerprinting

j. Hair Testing

k. Motor Vehicle Records

l. International Searches

m. Monitoring / Continuous Screening

n. Worker’s Compensation

These reports are not available in AL, GA, HI, LA, MD, ME, NV, NM, NY, NC, OR, RI, TX or WV.

4. Foley will provide training for ordering but only afterestablishing client’s permissible purpose under FCRAand reports can only be generated after a properDisclosure and Authorization has been procured.

5. All users under this account will be required to sign an“Access Security Agreement” to ensure safe andsecure use of the Foley ordering system.

6. Foley will provide SAMPLE Federal and StateDocuments to assist clients in preparing FCRA andState law required disclosures and authorizations.

7. Services Not Provided: Foley does not provideDisclosures and Authorizations as required under theFCRA. They do provide sample documents but allforms are the responsibility of the End-User under thisagreement.

8. Alias/Address History Services: Alias/Address HistoryServices. Foley has obtained limited license rights toprovide to its clients certain "nonpublic personalinformation" ("Alias/Address History Services") asdefined in and regulated by the Gramm-Leach-Bliley Act(15 U.S.C. 6801, et seq.) and related state laws(collectively, "GLBA"). Alias/Address History Servicesinclude, but are not limited to, data regarding an

Applicant`s residential address history and "Alias" names that might have been used by the Applicant. Alias/Address History Services do not include consumer credit information or other types of information subject to the permissible purposes set forth in the FCRA. Alias/Address History Services are a component of the nationwide criminal database search and social security trace address locator provided by Foley. Even if End-User orders Alias/Address History Services, End-User acknowledges that it must separately and additionally order Foley`s AKA Search product if End-User wants Foley to perform additional searches based on the Alias name information obtained with the Alias/Address History Services; otherwise, Foley will search using only the Applicant`s name as provided to Foley by End-User or its Applicant, as applicable. If End-User obtains Alias/ Address History Services from Foley, End-User shall comply with the following requirements and restrictions (which are based on statutory and/or Supplier requirements):

(i) End-User will not, directly or indirectly, sell, transfer,disclose the contents of or distribute Alias/AddressHistory Services, in whole or in part, to any third-party(other than to the applicable Applicant), and End-Usershall use the Alias/Address History Services solely asan end-user, for a single, one-time use with respect toan Applicant; (ii) End-User`s sole purpose forrequesting Alias/Address History Services will be toverify the accuracy and completeness of informationprovided to End-User by the Applicant in connectionwith the transaction pursuant to which the Applicantauthorized End-User to obtain a report regarding theApplicant; (iii) End-User will limit its use ofAlias/Address History Services to the foregoing statedpurpose; (iv) End-User will take appropriate measuresso as to protect against the misuse of theAlias/Address History Services; (v) End-User will notuse any information obtained in connection with theAlias/Address History Services, in whole or in part, forthe purpose of serving as a factor in determining theApplicant`s eligibility for credit, insurance, employmentor any other product, service or transaction notauthorized in this paragraph; and (vi) End-User will notuse the information provided in connection with theAlias/Address History Services for any purpose thatwould violate the Privacy Rule, 16 CFR Part 313,implemented pursuant to the GLBA, or any otherprovisions of the GLBA or other applicable law, rule, orregulation. For clarification, this Section 7(b) does notrestrict End-User`s right to use information inConsumer Reports (other than Alias/Address HistoryServices data) for determining an Applicant`semployment eligibility in accordance with thisAgreement.

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9. Outsourced Provider: This Section is only applicable ifEnd-User uses Outsourced Provider services, asoutlined below. If End-User uses an outsourced humanresources provider ("Outsourced Provider") which, forpurposes of this Agreement, shall be acting as anauthorized agent of End-User in connection with End-User`s permissible procurement and use of Foley` sConsumer Reports and other services, End-User shallfirst identify to Foley in writing the identity of theOutsourced Provider and shall require, by writtenagreement, its Outsourced Provider to comply with allterms of this Agreement applicable to End-User (including, without limitation, compliance andcertification of compliance with all Laws with respectto the procurement and use of Consumer Reports;protection of the confidentiality of Foley`s ConfidentialInformation; and prohibition against re-using,transferring (other than to End-User or its Applicant)and/or reselling Consumer Reports). As between End-User and Foley, End-User agrees that it shall be fullyresponsible for the actions or inactions of itsOutsourced Provider and that any violation by itsOutsourced Provider of applicable Laws or the terms ofthis Agreement shall be considered a violation of thisAgreement by End-User. End-User authorizes Foley todeal directly with the Outsourced Provider as End-User`s authorized agent, and as between End-User andFoley, End-User shall be responsible for ensuring thatall necessary consents of Applicants have beenobtained to permit Foley to disclose the Applicants`Consumer Reports to the Outsourced Provider. TheOutsourced Provider shall perform its services onsite atEnd-User`s place of business. If the OutsourcedProvider wishes to perform its services for End-Userand/or access or retain Consumer Reports at theOutsourced Provider`s own business premises, End-User shall notify Foley in advance, and Foley shall havethe right, at End-User`s cost of $150, to perform forregulatory compliance purposes Foley`s standardcompany credentialing procedures with respect toOutsourced Provider, which may include a briefphysical inspection of the Outsourced Provider`sbusiness premises. End-User shall obtain Foley`sadvance consent (not to be unreasonably withheld) ofany replacement of its Outsourced Provider. End-Useracknowledges that, due to statutory and/or contractualobligations and restrictions, some Foley services maynot be available through an Outsourced Providerrelationship and, of those that are available, some mayrequire additional paperwork from End-User and/orOutsourced Provider.

10. I-9 & E-Verify Verification Obligations and Services.End-User acknowledges that Foley`s services do notalleviate End-User of its responsibility for performing in-person verification of its employees` identities,checking photo identification and completing, verifying

and retaining the employees` Form I-9 and other documentation, each as and to the extent required by applicable Laws. In addition, if End-User obtains Foley`s I-9 and/or E-Verify employment eligibility servicespursuant to this Agreement, End-User and Foley agreeto comply with the following obligations, as applicablebased on the particular service(s) obtained by End-User:

11. End-User I-9 Obligations. End-User shall identify andcomply with all Laws applicable to End-User inconnection with its use of I-9 services.

12. Foley I-9 Obligations. If End-User orders the Foley I-9Solution, Foley will provide End-User an electronic FormI-9 that meets U.S. Citizenship and ImmigrationServices ("USCIS") regulations related to electronicForm I-9 management.

13. End-User E-Verify Obligations. End-User acknowledgesthat it is End-User`s responsibility to complete all E-Verify Checks in accordance with applicable Laws. End-User shall: (i) identify and comply with all Lawsapplicable to End-User in connection with its use of E-Verify Checks, (ii) provide Foley with the informationrequested in the E-Verify Company Profile documentprovided by Foley for purposes of obtaining a unique E-Verify Program ID number for End-User, (iii) enter intothe E-Verify Memorandum of Understanding ("MOU")with the Department of Homeland Security ("DAT"), and(iv) comply with its obligations under the MOU,including, without limitation, restricting E-Verify Checksto only its employees hired after the effective date ofthe MOU. Employers acting as federal contractors shallrestrict E-Verify Checks to all existing employees oronly existing employees assigned to specific federalcontracts covered by the Federal AcquisitionRegulation ("FAR") rule. Employers that are alreadyenrolled in E-Verify at the time of a federal contractaward but are not enrolled in the system as a federalcontractor with the FAR E-Verify Clause must notifyFoley and complete an updated E-Verify Companyprofile document within thirty (30) days afterassignment to the federal contract.

14. Foley E-Verify Obligations. If End-User orders E-VerifyChecks, Foley shall enter into the MOU as End-User`s E-Verify Employer Agent, and Foley shall comply with itsobligations under the MOU.

15. Additional Services: Foley can facilitate the AdverseAction procedure under FCRA. This includestransmitting the pre-adverse and post- adverse actionletters to Consumers.

16. Costs: Pricing is dictated per service per order for aslong as the End-User utilizes Foleys system. Inadditional, maintenance costs for continuously runningprograms are charged on a monthly/yearly basisdependent on the program.

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SCHEDULE F: APPLICANT TRACKING SYSTEM

APPLICANT TRACKING SYSTEM TERMS (“ATS TERMS”)

These ATS Terms are only applicable if End-User uses Foley's ATS Services, as outlined below.

1. System License. Foley hereby grants to End-User apersonal, non-exclusive, non-transferable license toaccess and use the Applicant Tracking System (the“System”) over the Internet. The System provides thebusiness functionality set forth in Foley’sdocumentation as amended when Foley modifies theSystem from time to time.

2. Restrictions. End-User agrees that it will not, and willnot allow, its directors, officers, business partners, oremployees or agents to:

a. Reverse assemble, reverse engineer, decompile orotherwise attempt to derive source code from theSystem or any component thereof;

b. Copy, reproduce, modify, sell, lease, sub-license,market or commercially exploit in any way theSystem or any component thereof (including thefurther distribution or blank forms or templates)other than as expressly agreed to in this Agreement;

c. Use, or permit the use of, the System except for End-User’s internal purposes. End-User agrees that itshall not provide access to or perform services forthird parties using the System including, but notlimited to, any service bureau, time-sharing, lease,distribution or re-sale, rental, application serviceprovider arrangement, or any other arrangement;

d. Disclose, resell or grant access to an access codeto the System or any component thereof to any thirdparty not affiliated with End-User.

3. Customer Support. Foley customer and technicalsupport will be provided during Foley’s core operationalhours, 8:30am – 5:00 pm Eastern time, in accordancewith the following:

a. Tier-1 Support. The first line of customer andtechnical support for End-User's users will beprovided by End-User, and all ATS-related servicecalls (e.g., calls relating to how to access and utilizeFoley's services through the ATS and/or inaccordance with End-User's internal procedures) byEnd-User's initially will be directed to, and respondedto, by End-User. End-User will be responsible forhaving its representatives available to assist itsusers with questions or problems concerning theATS.

b. Foley Support. Foley will provide secondary supportto End-User's users experiencing technical problemsor other issues with the ATS which End-User'scustomer service representatives are not qualifiedto handle or not able to fully resolve.

c. Notwithstanding the above, if Foley makes areasonable business determination that thetechnical support requested by End-User pursuantto this section will entail detailed, specializedmaintenance or support services different in kind oramount from those provided to other similar end-users of the System, Foley shall notify End-User thatthe requested support is considered an additionalservice which shall be subject to additional fees, tobe negotiated.

4. End-User Responsibilities. End-User is responsible forall activity occurring under its account and will abide byall applicable local, state, national and foreign laws,treaties, and regulations in connection with its accessor use of the System, including those related to dataprivacy, international communications and thetransmission of technical or personal data. End-Userwill be responsible for ensuring that its users receivesufficient training to enable proper access or use of theSystem. End-User will be solely responsible for, and willbear the cost of, providing all equipment, facilities andconnectivity, including without limitation any Internetaccess or telecommunications services, necessary touse and access the System.

5. Password Protection. As part of the registration andaccount creation process, End-User will need a UserName and a Password. End-User may not select a UserName which is identical to that used by another personor use a User Name which is in the sole opinion ofFoley offensive or inappropriate. End-User shall besolely responsible for maintaining the confidentiality ofPassword. End-User is solely responsible for all usageor activity on End-User’s account, including but notlimited to use of End-User’s account, End-User’s UserIdentification, and End-User’s Password by any thirdparty. Any fraudulent, abusive, or otherwise illegalactivity may be grounds for immediate termination ofEnd-User’s account, in Foley’s sole discretion, and Foleymay refer End-User to appropriate law enforcementagencies.

6. Provision of Releases. At its sole option, Foley shall beentitled to prepare new versions of the System thatFoley generally makes available to its end-users(“Update Releases”). Foley exclusively shall determinewhether Update Releases shall be included in theSystem provided pursuant to this Agreement. At anytime, Foley may install any Update Releases to providethe services described herein, or develop new modulesfor upgraded licenses at an additional cost. Prices ofthe System are subject to change upon 30 days’ noticefrom Foley. Such notice may be provided at any time byposting the changes to the website or the System itself.Foley shall not be liable to Customer or to any thirdparty for any modification, price change, suspension or

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discontinuance of the System.

7. Right to Modify the System. Foley may from time totime, in its sole discretion, change some or all of thefunctionality or any component of the System or makeany modification for the purpose of improving theperformance, service quality, error correction or tomaintain the responsiveness of the System. Foleyreserves the right, at its discretion, to modify these ATSTerms at any time by posting a notice on the website,or by sending End-User a notice via e-mail, and End-User consents to receipt of such notice. End-User shallbe responsible for reviewing and becoming familiarwith any such modifications. Use of the System by End-User following such notification constitutes End-User’sacceptance of the ATS Terms as modified. Any newfeatures that augment or enhance the current System,including the release of new tools and resources, shallbe subject to this Agreement.

8. Data Issues.

a. End-User will have sole responsibility for theaccuracy, quality, integrity, legality, reliability andappropriateness of all data, information, or materialthat End-User submits to the System during End-User’s access or use of the System (“End-UserData”). Foley does not own any End-User Data.

b. Except as permitted in this Agreement, Foley will notedit, delete, or disclose the contents of End-UserData unless authorized by End-User or unless Foleyis required to do so by law or in the good faith beliefthat such action is necessary to: (i) conform withapplicable laws or comply with legal process servedon Foley; (ii) protect and defend the rights orproperty of Foley; or (iii) enforce this Agreement.

c. Foley may provide user statistical information suchas usage or traffic patterns in aggregate form tothird parties, but such information will not includeidentifying information. Foley may access End-UserData to respond to service or technical problemswith the System.

d. End-User will be responsible or liable for thedeletion, correction, destruction, damage, loss, orfailure to store regarding any End-User Data.

e. Foley reserves the right to establish a maximumamount of memory or other computer storage and amaximum amount of End-User Data that End-Usermay store, post or transmit on or through theSystem.

9. Customer Content Storage and Retrieval. The Systemmay only be used to transmit and store resumes (orCVs), files associated with the process of hiring anapplicant, and job descriptions and comments withrespect to the foregoing (hereinafter referred to as“End-User Content”). End-User may not uploadadvertisements or any other materials that do not fallwithin the definition of “End-User Content” or transmit

unsolicited information, materials or data (including, without limitation, “spam” messages). You understand that the System can only be used for transmission of your End-User Content.

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SCHEDULE G: DAT Clear

DAT Clear Program

Foley will provide a managed service to facilitate the administration of Employer responsibilities related to the FMCSA Drug Testing Clearinghouse.

Query Consent Management

• A FMCSA-compliant electronic process forcollecting and maintaining driver consent for limitedClearinghouse queries.

Annual Query Management

• Foley will execute a Limited Query for all active driverssubject to 49 CFR Part 382 at least once per year.

• Foley will execute a Full Query for all drivers whose annualLimited Query indicates the presence of records in theClearinghouse which require a Full Query.

Prospective Driver Query

• A full pre-employment Clearinghouse query for prospectivedrivers as required by DOT regulations.

• Foley will facilitate a full pre-employment Query of theClearinghouse for prospective drivers as required by DOTregulations.

Employer Reporting Assistance

• Foley will facilitate the Client’s submission to theClearinghouse of records related to violations of DAT drugtesting prohibitions such as Positive Alcohol Results,Refusals to Submit, Actual Knowledge Violations and FollowUp Testing.

Notes:

• The FMCSA will charge a fee for executing queriesof the Clearinghouse. Client must acquire thequery plan from the FMCSA directly.

• This service is dependent upon the Clientdesignating Foley as its C/TPA within theClearinghouse.

• Initial registration of the Client, as well as theregistration of the Client’s drivers, cannot becompleted by Foley. The client and its driversmust register themselves within the Clearinghousedirectly.

• Client will be responsible for maintaining their listof active drivers within the Foley portal.

• Client will provide necessary information to obtainlimited query consent (Driver name, CDL numberand state of issuance, date of birth, e-mail addressand phone number).

• Additional charges may apply to the Client forassisting with disputes of information in theClearinghouse.

• If Client takes adverse action based on acommunication from the Clearinghouse, the clientwill be subject to the FCRA’s “subsequentdisclosure” requirement and shall disclose to thedriver a summary containing the nature andsubstance of the communication upon which theadverse action is based.

• Return to Duty/SAP/Follow-up testingmanagement is not included in the DAT Clearservices. Management and execution of thattesting would be covered under DAT management.DAT Clear will include assistance with file uploadregarding test results and/or reports.

• The submission of Actual Knowledge or Refusal toSubmit violations will require the Client to submitsupporting information to Foley. An incidentreport form template will be available, or the Clientmay supply a reasonable alternative.

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Recordkeeping

• The retention of all information related to the Client’sClearinghouse queries in a secure, electronicenvironment.

Driver Assistance and Education

• Educational tools and reminders for drivers to assist in theprocess of registering for the Clearinghouse.

• Foley will contact drivers on behalf of the Client who havenot consented to a Full Query. This reminder service willmake 3 attempts over the first 3 business days to remind thedriver that their consent is necessary.

• Driver Clearinghouse training as required by the regulations.