TADTS Service Agreement

TADTS Service Agreement w/Standing Order

TADTS Service agreement: includes Oral Fluid standing order but no Oral Fluid Pricing. Also includes FMCSA Clearinghouse opt-in.

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TADTS Service Agreement

Microsoft Word - Master Service Agreement (DOT) 2024 OF Standing Order


Service Agreement


This Agreement is made on the Date Signed below by and between The Alcohol & Drug Testing Service, Inc. (hereinafter TADTS ), a Texas corporation with its principal place of business located at 411 Lantern Bend Dr., Ste 210, Houston, Texas 77090 and Company Name designated above (hereinafter CLIENT ) to retain TADTS for the administration of a drug (and/or) alcohol testing program, as outlined in the Policy & Procedures Manual, for CLIENT employees who are enrolled in the Program. Now, therefore for good and valuable consideration, the parties agree as follows:


I.      Program Term: This Agreement will become effective on the date this Agreement is signed by a representative of CLIENT. However, TADTS reserves the right to approve any proposed changes to the terms of this Agreement before providing any services to CLIENT. This Agreement will remain in effect for a period ending on December 31st of the third year of this Agreement. The Agreement will be automatically renewed for the same time period unless client submits written 30 days notice.


II.      Program Services: include the following and/or other services as required.

o   Computer Generated Random Selections

o   Management of random testing pool including addition or deletion of employees

o   Statistical Data Reporting to CLIENT including MIS Report

o   Administrative Support for compliance audits

o   Substance Abuse Professional Referrals

o   Collection Site Selection (Nationwide)

o   Drug Testing includes specimen collection, initial lab test and GC/MS Confirmation

o   Alcohol Screen includes confirmation test (if required)

o   Customized Chain of Custody Forms

o   Transportation of Specimen (included in bundled pricing per urine drug test)

o   Test Results Reporting via secure fax, email or Web Results

o   MRO Services provided by TADTS appointed sub-contractor

o   DHHS Certified Laboratory (TADTS appointed sub-contractor)

o   Certification & Verification

o   On-Site Testing Services

o   Drug & Alcohol Testing Policy for mandated and non-mandated programs

o   Medical Physical Examinations for mandated and non-mandated programs

o   Employee Record Administration

o   Five Year Storage & Documentation of Positive Specimens

o   Motor Carrier Representative in accordance with TRC Section 643.064

o   Reporting of Positive Alcohol and/or Drug Tests in the FMCSA Clearinghouse (if applicable)

o   Refusal to Tests for Owner Operator clients that do not report for Random tests when notified are reported to FMCSA Clearinghouse for FMCSA covered employers

III.      Program Administration: TADTS objective is to provide consistent, objective, fair and manageable procedures for drug (and/or) alcohol testing of CLIENT employees. TADTS drug and alcohol testing program will be administered as follows:


A.      CLIENT will provide TADTS with a complete list, in MS Excel format, of all its locations and employees who will participate in the program.

B.     CLIENT agrees to abide by Federal and/or State Guidelines and to make TADTS information available to all employees.

C.     TADTS will maintain information regarding the status of employees on its secure database and make such information available to clients in good standing.

D.     TADTS will establish selection protocols and conduct employee drug (and/or) alcohol testing to include the following:

1.  Pre-Employment 4. Post-Accident

2.  Reasonable Suspicion 5. Return to Duty (Positive results)

3.  Random 6. Follow up (Positive results)

E.      TADTS will provide CLIENT with a list of approved specimen collection centers for collection of biological specimens TADTS will review collection center procedures and replace specimen collection centers if deemed necessary and advise our clients immediately of any such replacements.

F.      TADTS will utilize laboratories certified by the Department of Health and Human Services for the testing of biological specimens when required by Mandated Federal Testing Programs. Laboratories certified by either the Department of Health and Human Services, or the College American Pathologists will perform testing not mandated by Federal Department of Transportation Regulations.

G.     TADTS will provide review and reporting of positive and questionable negative, drug test results performed by an authorized Medical Review Officer (MRO) contracted or employed by TADTS.

H.     TADTS and our appointed sub-contract will report any positive verified drug and/or alcohol tests to the FMCSA Clearinghouse as part 49 Code of Federal Regulations, Parts 40 and 382.

(1)   TADTS must report Owner Operator clients that do not report for Random tests, when notified, to FMCSA Clearinghouse for FMCSA covered employers

I.        TADTS will provide federal and company reporting and certification (when required) of CLIENT

J.        CLIENT agrees to pay TADTS for their services as set forth in Section II above, at the rate set forth on the Implementation Worksheet attached hereto as Exhibit A and incorporated into this Agreement.



IV.      Coordination of Activities: TADTS will coordinate the activities, described in Paragraphs II and III, through designated persons known as "DER" or Designated Employer Representative within the herein named CLIENT. CLIENT must designate in writing to TADTS a "DER" and a Back-up DER and notify TADTS of any subsequent designations or changes.

V.      Indemnification: TADTS is an independent contractor providing its clients with the administration of mandated and non-mandated substance abuse programs described herein. TADTS and CLIENT mutually agree to indemnify, defend and hold harmless its officers, members, directors, shareholders, employees, agents and representatives, from and against any and all claims, demands, actions, causes of actions, damages, costs and expenses (including attorneys' fees and court costs) directly or indirectly arising out of the performance or non-performance of TADTS obligations under this service Agreement. TADTS does not have any control over nor assume any liability for the enforcement of policies or the actions of CLIENT personnel. As an independent contractor, TADTS shall not be deemed to be engaged either directly or indirectly in the business of nor deemed to be an agent of said CLIENT, the Department of Transportation, the Health and Human Services regulations or corporate contract testing mandates. Notwithstanding the foregoing, in no event shall either party be liable to the other party for any indirect, incidental, punitive, exemplary or consequential damages asserted by any party.

VI.   Confidentiality: TADTS acknowledges that during the engagement TADTS will have access to and become acquainted with confidential or proprietary information owned, licensed or used by the Customer, whether furnished before or after the Effective Date, including, without limitation, business plans, marketing plans, Protected Data (as defined below), trade secrets, technical data, financial data, test or evaluation results, system concepts, drawings, models, product designs, product specifications, product performance data, information pertaining to Customer s shareholders or representatives and other commercial information whether or not patented or copyrighted ( Confidential Information ). TADTS agrees that it will not disclose Confidential Information to any third party or use the Confidential Information in any manner, either during or after the term of this Agreement, except as permitted pursuant to this Agreement. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of the Customer, whether prepared by the TADTS or otherwise coming into TADTS possession, remain the exclusive property of Customer. Upon termination of this Agreement, or at the request of Customer at any time, the TADTS will immediately deliver to the Customer all such files, records, documents, specifications, information, and other items in TADTS possession or under TADTS control. TADTS may not publish or permit the publication of, in any manner or media, the existence or terms of this Agreement, any actual or potential business relationship between Customer and TADTS, or the logos or any other intellectual property of Customer, its affiliates or its customers.

VII.        Protected Data: Protected Data means any data or information accessible by TADTS as a result of its business relationship with Customer that can be used to identify or locate a natural person, including but not limited to: name, address, telephone number, e-mail address, social security number or driver s license number. Protected Data also includes any other data, such as, but not limited to, identifiers, demographic or behavioral data, when such data is linked or has the capacity to be linked to a specific person. Protected Data also includes non-public personal information as that term is defined under Title V of the Federal Gramm-Leach-Bliley Act and any state statutes adopted to comply therewith, the regulations promulgated pursuant thereto, including 16 CFR Parts 313 and 314 and 12 CFR Parts 332 and 364, any state regulations promulgated under such state statutes or in compliance with the Federal Gramm- Leach-Bliley Act. Protected Data shall also include health information and personally identifiable health information as defined by HIPAA, 42 U.S.C. 1320d (4) and 1320d (6).


VIII.      General Obligations to Safeguard Confidential Information. TADTS shall implement and maintain appropriate measures designed to meet the following objectives: (i) to ensure security and confidentiality of Confidential Information; (ii) to protect against any anticipated threats or hazards to the security or integrity of Confidential Information; and (iii) to protect against unauthorized access to or use of Confidential Information. TADTS shall maintain physical, electronic and procedural controls and safeguards in compliance with the law and Customer policies, to protect the Confidential Information from unwarranted disclosure. These controls shall include the maintenance of appropriate safeguards to restrict access to the Confidential Information to those employees, agents or service providers of TADTS and its sub-contractors who need such information to carry out the purpose of providing the testing services. Upon request, Customer shall have the right to conduct an audit or require TADTS to have an independent audit conducted by a mutually acceptable auditor and make available to Customer copies of audits and test result information sufficient to assure Customer that TADTS and its sub-contractors have implemented information security measures that are consistent with its obligations under this Agreement. Upon termination of this Agreement, or at the request of Customer at any time, the TADTS will immediately deliver to the Customer all such files, records, documents, specifications, information, and other items in TADTS possession or under TADTS control that contain or include Confidential Information.

IX.   Notification of Loss or Unauthorized Access. TADTS agrees to immediately notify Customer in the event that TADTS reasonably suspects that Confidential Information has been, or may have been, lost or subject to unauthorized internal or external access. To the extent Customer seeks the assistance of TADTS, TADTS agrees to reasonably cooperate with Customer at TADTS expense to: (i) determine the scope and severity of any such loss or unauthorized access; and (ii) give notice to individuals whose Confidential Information is the subject of such unauthorized access, to the extent required by law or Customer policy. Unless TADTS is required by law to provide notice, TADTS shall not give notice to individuals except with the prior approval of Client.

X.      Compliance with Laws. TADTS certifies that (a) TADTS holds and will maintain the applicable licenses to perform the specified testing services, (b) TADTS will comply with all local, state and federal laws, (c) TADTS and its employees are not persons or entities identified at www.ustreas.gov/offices/enforcement/ofac, (d) TADTS employees who perform the testing services under this Agreement are authorized to be employed in the United States and have undergone a national background check and have not been convicted of any crimes of moral turpitude, and (e) TADTS will comply with the Gramm-Leach-Bliley Act of 1999 to the extent that TADTS receives or has access to non-public personal information, as defined therein and the Health Insurance Portability and Accountability Act to the extent that TADTS receives or has access to health information and personally identifiable health information, as defined therein. TADTS further certifies that all of its employees who perform testing services under this Agreement are in a random drug screen program and any TADTS employee who has tested positive for illegal substance shall not be assigned to work on testing services for Customer. TADTS utilizes outside agencies for some of the services performed under the Agreement. TADTS is only certifying that it and its employees are subject to the terms stated in Paragraph X Compliance with Laws.

XI.      Notice. Any notices under this Agreement will be given in writing by overnight courier or Certified U.S. mail to Customer at CLIENT address listed above or such other address as may be designated in writing by Customer from time to time, and to TADTS at the address listed on the seventh page attached hereto. Notices are effective when received.

XII.      Assignment. TADTS may not assign this Agreement without the prior written consent of Customer.


XIII.      Survival. Sections V, VI, VII, VIII, IX, X and XI will survive termination or expiration of this Agreement.


XIV.      Force Majeure: TADTS will not be responsible for, nor liable to, the herein named business, for failure or delay in performance which results from, or is due to, directly or indirectly, in whole or in part, any cause or circumstance beyond the reasonable control of TADTS.


XV.       Payment Terms: Payment terms are net Thirty (30) days after the date of any invoice by TADTS. All overdue payments shall be subject to an additional interest and service charge calculated at the rate of one and one half percent (1.5%) per month from the due date until the date of payment. TADTS may suspend or terminate this Agreement if CLIENT:


A.     Does not pay any invoice within 30 days after the date of the invoice.

B.     Fails to remain DOT compliance with its random program, as per 49 CFR Part 40.


XVI.       Termination: Should either party, for any reason, breach the terms of this Agreement, the non- breaching party shall have the right to suspend or terminate this Agreement, upon THIRTY (30) days written notice to the breaching party, if the breaching party does not correct the violation, by the expiration of the thirty (30) day notice period, to the satisfaction of the non- breaching party. In the event of such termination under this Section, the non-breaching party shall notify the appropriate contracting or regulating agencies of the suspension or termination of this Agreement.


If this Agreement is suspended or terminated for any reason, the herein named business entity, CLIENT, shall assume full responsibility for administration of its corporate and/or federally mandated drug and alcohol testing programs including but not limited to:

(1)   Reporting,

(2)   Records maintenance and

(3)   Ensuring confidentiality, and security of any confidential information


TADTS will provide CLIENT with the necessary information for transfer of this responsibility. TADTS may refuse to transfer information relating the services provided under this Agreement until such time as TADTS has received payment in full for all outstanding obligations by said CLIENT

XVII.      Applicable Law: This Agreement will be construed under the laws of the State of Texas.

XVIII.      FMCSA Drug & Alcohol Clearinghouse: The Clearinghouse is a secure online database that contains records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug or alcohol test results and test refusals. When a driver completes the return-to-duty (RTD) process and follow-up testing plan, this information is also recorded in the Clearinghouse.

The Clearinghouse is a centralized database that employers use to conduct queries, which check that current or prospective employees are not prohibited from performing safety-sensitive functions, such as operating a commercial motor vehicle (CMV), due to an unresolved drug and alcohol program violation that is, a violation for which the driver has not completed the return-to-duty (RTD) process. Queries must be conducted as part of a pre-employment driver investigation, and at least annually for current employees.

In addition, employers may designate a C/TPA who can report violations and/or conduct queries on their behalf. An owner-operator an employer that employs himself or herself as a CDL driver, typically a single-driver operation must designate the C/TPA in the Clearinghouse.




I.      Program Startup:

A.     The Drug and Alcohol program will commence on the date CLIENT signs the service agreement.

II.      Services/Tests Requested:

A.     CLIENT requests that The Alcohol & Drug Testing Service develop and administer the drug and alcohol testing program of CLIENT

B.     Each employee of CLIENT will be enrolled in the program after TADTS receives a negative pre-employment screen and will be subject to drug screen specimen collections and breath alcohol tests during the program years.

III.      Reasons for testing: will conduct drug/alcohol testing of prospective employees and existing employees under the following categories.


Pre Employment

Post Accident


Return to Duty (POS results)

Reasonable Cause

Follow-Up (POS results)


IV.      Pricing: The following charges are recognized and agreed upon.


A. Initial Program Fee/Membership: (non refundable) Pro-rated Quarterly


B. DOT drug screen specimen collected at a CLIENT facility, other clinic location or after hours


C. DOT drug screen specimen collection procedure collected at TADTS offices during business hours


D. NDOT drug screen specimen collected at a CLIENT facility, other clinic location or after hours


E. NDOT drug screen specimen collection procedure collected at TADTS offices during business hours


F. Breath alcohol testing completed at a Quest Diagnostics Preferred Network location. If site fees are greater than PPN, TADTS charges cost from vendor + $10


G. Breath alcohol testing CONFIRMATION completed at a Quest Diagnostics Preferred Network location (result >.04)


H. Administrative Fee for Positive DOT urine/BAT tests: FMCSA Clearinghouse reporting


I. Medical examinations (DOT required for Commercial Driver s License purposes)


J. On site fee if the service required occurs between 8am-5pm Time fee is per collector requested, includes travel time.

$55.00/hr (2 hr Min.)

K. STAT/Emergency Collection: Post Accidents, Reasonable suspicion including services required between 5pm & 8am. If non-TADTS coll, the cost from vendor+$20 if exceeding TADTS 24

pricing. Includes travel time.

$150.00/hr (2 hr min.)

L. Mileage from port to port. Fee is per Collector requested


M. DOT Drug & Alcohol Testing Policy


N. DOT Supervisor Online Training (Per Person) (except FAA)


O. Reinstatement Fee: Fee to place the company back into the program after being removed due to Non- Compliance


P. Detailed Client Audit



V.      The Alcohol & Drug Testing Service or the appropriate medical clinic will perform the drug screen specimen collection and/or breathe alcohol test at its office or the offices of the medical clinic, as appropriate.

VI.      Schedule of testing: Testing of employees will be accomplished on a quarterly basis.





DOT Authorized the use of oral fluid testing effective June 1, 2023, under DOT Rule 49 CFR, part 40. The regulation requires the employer covered under this part to have a clear Standing Order of when to perform Oral Fluid testing. CLIENT agrees to have the standing ordered outlined below be in place for our testing.

Oral Fluid Standing Order:

Pre-Employment, Random, Follow-up, and Return to Duty testing:

o    Initial testing should be attempted using Urine as the specimen.

o   Shy bladder, insufficient specimen, cold specimen initial attempts should be followed by an immediate Oral Fluid second collection.

Post-Accident and Reasonable Suspicion testing:

o    Initial testing should be attempted using Oral Fluid as the specimen.

o    Any dry-mouth incidences should be followed up with a Urine collection

o   If the additional Urine is a shy bladder or cold/hot specimen then urine collection guidelines must be followed according to 49 CFR, Part 40.

     Shy bladder 49 CFR, Part 40.193(b)

     Cold/Hot specimen 49CFR, Part 40.65 (b) and 40.67


Urine Specimens showing signs of tampering:

o   Any urine specimens collected for the above reasons that the collector suspects signs of tampering, as outlined in 49 CFR, Part 40.65 (c) should be immediately followed by an oral fluid collection.

Required oral fluid collection:

o   For direct observation collections involving transgender or nonbinary individuals, an oral fluid collection must be conducted.

o   Any circumstance where a qualified urine collector is not available, and a qualified oral fluid collector is available.






FMCSA Clearninghouse C/TPA services.(Required)
Client requests TADTS to perform the following services in reference to the FMCSA Clearinghouse for CLIENT. ***Clearinghouse selections are required***