READI Network

INDEPENDENT CONTRACTOR/COLLECTOR TERMS AND CONDITIONS

Last updated on April 1st, 2024

  1. THIS INDEPENDENT CONTRACTOR AGREEMENT (the "Agreement") is made on the day the collector or manager of the collector network by and between READI Collect, LLC., a Delaware Company hereinafter referred to as READI COLLECT or COMPANY with its principal office located at 1209 Orange Street, City of Wilmington, County of New Castle, Delaware 19801 and the individual or company clicking agree on the associated page, a professional onsite specimen collector or collector network company referred to as CONTRACTOR.

  2. DESCRIPTION OF SERVICES. The Contractor will provide the following services (collectively, the "Services"): Specimen collections (and other services, if any) as needed, as described in Attachment 1 to this document.

  3. PAYMENT FOR SERVICES. The Company will compensate the Contractor for the Services as set forth in the Compensation schedule in Attachment 2 and the Fee Schedule attached to this document.

  4. TERM/TERMINATION. Either party, upon 30 days written notice to the other party, may terminate this Agreement without cause. Termination with cause may be done immediately by either party but shall still require written notice. With cause is when the Contractor fails to provide the required Service in a professional, timely, and essentially error-free manner or commits an illegal act of any kind; or when the Company fails to meet its payment obligations.

  5. RELATIONSHIP OF PARTIES. It is understood by the parties that the Contractor is an Independent Contractor with respect to the Company and is not an employee of the Company and nothing in this Agreement should be construed to create a partnership, joint venture, or employer-employee relationship. The Contractor will not have authority to make decisions for the Company. The Contractor is not an agent of the Company and is not authorized to make any representation, contract or commitment on behalf of the Company. The Contractor hereby agrees to provide the services contracted hereunder subject to the provisions and conditions of this Agreement. It is the parties’ intent that the Contractor shall remain an independent contractor and is therefore responsible for the Contractor’s own actions and the actions of the Independent Contractor’s employees and agents. The Contractor will not be an employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act and the provision of the Internal Revenue Code. The Contractor is utilized by the Company only for the purpose and to the extent set forth in this Agreement. The Independent Contractor’s relation to the Company shall, during the term of this Agreement, be that solely of an independent contractor. The Company retains the right to control the Contractor’s performance under the terms of this agreement only to the extent required by law, regulation, or the Company’s client’s requirements. The Contractor shall work such hours as are necessary in a good faith effort to complete the services set forth in this Agreement. The Company will not provide, free of charge, benefits, including health insurance, paid vacation, any other employee benefit, training, or equipment for the benefit of the Contractor. The parties agree and understand that the payments received under this Agreement shall be an ordinary expense by the Company and shall be reported by the parties for income tax purposes accordingly. The Contractor shall be responsible for filing all required forms and paying any and all state, federal and local tax liability with respect to the payment received under this Agreement, including, but not limited to, income taxes and social security (FICA) taxes. The Company shall provide the Contractor with a Form 1099-Misc for any and all payment received under this Agreement. The Company shall not be responsible for withholding any amount paid to the Contractor as payment under this Agreement unless the Contractor has not provided a completed W-9. Without a completed W- 9, the Company may be required to withhold an amount specified by the IRS which will be remitted to the IRS. The Contractor is also responsible for providing for its own general and professional liability insurance and is required to provide for employee worker’s compensation insurance (except when waived by state law), Contractor and/or its employees must carry the required automobile insurance. Company retains the right to receive proof of this insurance as needed. The Contractor shall provide proof of coverage for general and professional liability insurance. The Contractor will complete attachment 4, Worker’s Compensation Requirement Disclaimer.

  6. PROFESSIONAL LIABILITY INSURANCE PROGRAM. The Company’s Professional Liability Insurance program requires each Contractor to provide such coverage with respect to all work assigned by READI COLLECT and performed by or on the Contractor’s behalf by a third party. The minimum acceptable coverage will be the higher of 1) Company’s minimum requirement as reflected in Attachment 6, or 2) the Professional Liability coverage requirements of Company’s Clients the Contractor may serve. If the Contractor cannot provide the minimum coverage required by Company’s Client, the Contractor will not be allowed on the client’s property. The Contractor will obtain their own Professional Liability coverage from sources acceptable to the Company as outlined in Attachment 6. Attachment 6 must be executed, and continuous proof of coverage provided.

  7. COMPANY RESPONSIBILITIES, PROHIBITIONS AND RESTRICTIONS:

    1. The Company will advise the Contractor of collection sites and times for the provision of the Services by sending service requests via the APP.
    2. Readi Collect may also communicate with Contractor via email or phone to schedule onsite collections.
    3. Readi Collect may also communicate with Contractor via email or phone to schedule onsite collections.
    4. The Company will assist, as required, arranging for the training and certification of the Contractor.
    5. The Company will provide, free of shipping charge, all forms required by the Contractor to perform their tasks unless requested in an untimely manner; then express mail charges may be assessed.
    6. The Company shall be prohibited from supervising or reviewing the Contractor’s actions under this Agreement and shall have no right to control the method in which the Contractor performs under this Agreement beyond those required by Regulatory Authorities and client protocols. It is expressly understood that the Company shall have no priority over the Contractor’s time and efforts with respect to any other company represented by the Contractor, except to the extent reasonably necessary for the Contractor to perform its duties hereunder. Nothing herein should be construed as reserving or granting the Company any rights to exercise control over the method or manner in which the Contractor performs services spelled out in this Agreement.
    7. The Contractor understands that the Company shall have the full authority to contract with other independent contractors at such compensation and on such other terms as it may deem proper.

  8. CONTRACTOR RESPONSIBILITIES, PROHIBITIONS AND RESTRICTIONS:

    1. CONTRACTOR agrees to pay a monthly Network Membership Fee to maintain its membership in the Network. Currently, the Network Membership Fee is WAIVED and Readi Collect reserves the right to charge a network membership fee in the future and at its sole discretion. The COLLECTOR/CONTRACTOR agrees that READI COLLECT has the right to increase the monthly Network Membership Fee from time to time with not less than 30 days’ advance notice. The Network Membership Fee is due on the 1st day of each month (unless a legal holiday falls on the 1st day, in which case the payment will be made on the next day which is not a legal holiday), and all such payments will be made via electronic funds transfer ("EFT") or such other manner READI COLLECT approves in advance. None of these payments are refundable. Any payment not received on or before the date it is due will be deemed overdue. COLLECTOR will comply with the procedures specified by READI COLLECT for such EFT program from time to time and will perform the acts and sign the documents, including authorization forms, that READI COLLECT, its bank and Subcontractor’s bank may require to accomplish payment by EFT, including authorizations for READI COLLECT to initiate debit entries and/or credit correction entries to a designated checking, savings, credit or debit account. In addition, COLLECTOR will pay all costs associated with utilizing an EFT payment program. In the event READI COLLECT owes a payment to 7. CONTRACTOR for Services rendered to a Client under this Agreement, READI COLLECT has the right to offset such payment by the amount of any Network Membership Fee past due.
    2. So long as CONTRACTOR is a member of good standing in the Network, including with no overdue Network Membership Fees, Subcontractor and its Users will have access through the READI Response App as a provider of Services to the Clients.

  9. CONFIDENTIALITY. The Contractor will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Contractor, or divulge, disclose, or communicate in any manner any information that is proprietary to the Company. The Contractor will protect such information and treat it as strictly confidential. This provision shall continue to be effective for a period of ten years after the termination of this Agreement. Upon termination of this Agreement, the Contractor will return to the Company all records, notes, documentation and other items and equipment that were used, created, or controlled by the Contractor that are property of the Company during the term of this Agreement.

  10. EMPLOYMENT AND EQUAL RIGHTS. The Contractor agrees to abide by the letter and spirit of the laws contained in the Equal Opportunity and Civil Rights Acts and Laws set forth in Attachment 3. The Contractor agrees to include verbatim or by reference all provisions listed in Attachment 3 in any subcontracts the Independent Contractor may issue to perform work for this Agreement.

  11. INDEMNIFICATION. The Contractor agrees to indemnify and hold the Company harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against the Company that result from the acts or omissions of the Contractor, the Contractor's employees, if any, and the Contractor's agents, and from all claims for wages or overtime compensation due its employees in rendering services pursuant to this Agreement, including payment of reasonable attorney’s fees and costs in the defense of any claim made under the Fair Labor Standards Act or any other state or federal law.

  12. NON-EXCLUSIVE CONTRACT. Except as expressly provided in this Agreement, nothing herein shall prohibit the Contractor from providing similar services for third parties. The Company understands the Contractor may be currently and will continue to provide similar services for third parties.

  13. CHANGES TO AGREEMENT. From time to time, it will be necessary to modify the terms of this Agreement. This will be accomplished by addendum being published that describes any additions, modifications, or deletions to the Agreement or any of its attachments. The addendum will become official upon signing by the Contractor and return to the Company.

  14. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.

  15. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

  16. APPLICABLE LAW. The laws of the State of Delaware shall govern this Agreement

By: Independent Collector Contractor or Collector Network Company. Agreement and approval to all details of this agreement are consented to by clicking "Agree and Approve" on the associated page. Date, Time and IP address will be saved and attached to the company or independent contractor that has acknowledged agreement.

Attachment 1

INDEPENDENT CONTRACTOR AGREEMENT

Description of Services and Responsibilities

The Independent Contractor ("Contractor") will provide the Company the following services and agrees to the following responsibilities as they relate to the performance of the Services for the Company’s clients.

  1. The Contractor’s Services shall consist of:

    1. Providing on-site hair, oral, urine and/or alcohol specimen collections services as required at the sites designated by the Company.

      1. The Services may be performed by the Contractor, their employee, or other subcontracted agents with Company approval and proof of certification and or licensing.

      2. The Services must be available 24 hours per day, 7 days per week. It is understood the Contractor may not be available for certain periods of time, but it is expected the Contractor will mark themselves Unavailable in the APP. If you are listed as "Available" in the APP you will be expected to respond to the service alert promptly.

      3. All Contractors will download the Readi Collect App (APP) onto their smartphone or other acceptable mobile device.

        • Contractor will follow instructions in the APP to complete the specimen collection.

        • The final step will be shipping the collected specimen(s) to the laboratory designated by the Company via the assigned courier and recording the shipping waybill in the APP.

      4. For redundancy contractor must e-mail the Collector Copy of the CCF and ATF to the Company within 24-hours of the collection to paperwork@readicollect.com

    2. Distribution of the Custody and Control and/or Alcohol Testing Forms will be accomplished according to the requirements of the Department of Transportation regulations and/or client’s policy.

    3. For the Contractor’s benefit they should also maintain a copy of all collection related documents for at least 90 days

    4. All invoicing communications for READI COLLECT, should be emailed directly to the accounting office at accounting@readicollect.com.

      1. All invoices will be paid net 30.

      2. The APP will track all services rendered and the amount of time between the acceptance of the service request and the completion of the service.

      3. A report will be sent no less than once a month to the primary contact set during enrollment.

      4. Contractor will review the report and approve it or submit an update within 3 business days. If no invoice, update nor approval is received in this time the report will be considered the total due to the Contractor and payment will be made on the next payment cycle.

    5. Complying with all applicable government regulations relating to the collection of specimens for drug and alcohol testing.

    6. Fatal Flaws - as indicated below-will result in non-payment for that service

      1. Contractor or Contractor Company must hold a valid Professional Services Insurance for Errors and Omissions. See details in section 5 above and Attachment 5 below.

    7. The Company follows all DOT regulations. Therefore, the Contractor must also

      1. Perform monthly accuracy verification (as required by the QAP) on EBTs used in providing Services to the Company and faxing a copy of the accuracy verification to paperwork@readicollect.com.

      2. Calibration of EBTs used for the Company’s clients as required by the manufacturer’s quality assurance plan.

      3. Contractor and/or Contractor Company must maintain all required licenses and certificates ensuring all are up to date. When these are updated a new updated copy of each must be uploaded (in the APP) or emailed to Readi Collect at paperwork@readicollect.com.

    8. Immediately notify the Company of any and all collection requests that come directly from the Client.

    9. Informing the Client that calls collection requests directly to you that they need to utilize the Readi Collect APP or web portal (readicollect.com) in the future.

By: Independent Collector Contractor or Collector Network Company: Agreement and approval to all details of this agreement are consented to by clicking "Agree and Approve" on the associated page. Date, Time and IP address will be saved and attached to the company or independent contractor that has acknowledged agreement.

Attachment 2

INDEPENDENT CONTRACTOR AGREEMENT

Compensation Schedule

This compensation schedule is effective as of the date and time of agreement acknowledgement, and provides the rates and conditions for reimbursing the Independent Contractor for Services performed. This Schedule replaces all other previous Schedules and agreements.

The READI COLLECT APP (APP) every contractor will be required to register with Readi Collect and download a copy of the APP. The APP will record Contractor’s time and services rendered.

  • All invoicing communications for READI COLLECT, should be emailed directly to the accounting office at accounting@readicollect.com.

    A service is defined as a collection event resulting in the production of at least one Custody and Control Form (CCF) and/or Alcohol Testing Form (ATF).

Compensation:

  1. Payment will be made within 30 days after the services rendered report is sent to the Contractor.

  2. Pricing is to be negotiated prior to the signing of this agreement and a completed pricing schedule is to be attached.

  3. The READI COLLECT APP (APP) will record Contractor’s time and services rendered and will act as the Independent Contractor’s invoice. Company will send a monthly report to Contractor showing which services were rendered in that month and the amount of time spent. Contractor will have 3 days to dispute or update the report. After this period Company will pay the Contractor per this report.

  4. Time is calculated from the acceptance of the service request in the APP to the time the last checklist item is complete and the "Collection Complete" is selected in the APP. Contractor will be paid the agreed to hourly rate plus the cost of each rendered service. See pricing sheet attached.

  5. One of two pricing methods will be accepted:

    1. Call out fee method:

      1. A base fee due at the initiation of the collector being enroute to the collection site.

      2. Mileage from the location where the collector accepted the service request in the Readi Collect App to the collection site. Paid at the current IRS rates.

      3. All services rendered are recorded in the APP and are paid at the prices listed on the attached fee schedule.

    2. Hourly Rate Method:

      1. Collector is paid hourly from the time the service request is accepted to the time the collection is completed.

      2. All services rendered are recorded in the APP and are paid at the prices listed on the attached fee schedule.

I have read and understand the conditions of payment and have attached the fee schedule spreadsheet with the agreed pricing.

By: Independent Collector Contractor or Collector Network Company: Agreement and approval to all details of this agreement are consented to by clicking "Agree and Approve" on the associated page. Date, Time and IP address will be saved and attached to the company or independent contractor that has acknowledged agreement.

Attachment 3

INDEPENDENT CONTRACTOR AGREEMENT

Equal Opportunity Civil Rights Requirements

Readi Collect, LLC does not discriminate against any employee, applicant for employment, or subcontractor because of race, color, creed, or national origin, sex, age or disability. In addition, the Company expects all Independent Contractors to follow the same policies.

Below are applicable laws to this Agreement regarding Equal Opportunity and Civil Rights. During the performance of this Agreement, the Independent Contractor agrees as follows:

  1. FEDERAL CIVIL RIGHTS REQUIREMENTS. The requirements of this section flow down to all Independent Contractors and their subcontractors at every tier. Independent Contractor agrees:

    1. Non-Discrimination:

      1. That it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability, in accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332.

      2. Independent Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements Federal Transportation Authority (FTA) may issue.

    2. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying Agreement:

      1. Race, Color. Creed. National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 200 , and Federal transit laws at 49 U.S.C. § 5332, Independent Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 .S.C. §2000e note), and with any applicable Federal statute, executive orders, regulations, and Federal policies that may in the future affect activities undertaken in the course of the project. Independent Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such actions include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoffs or termination; rates of pay or other forms of compensation selection for training, including apprenticeship. In addition, Independent Contractor agrees to comply with any implementing requirements FTA may issue.

      2. Age - In accordance with 29 U.S.C. § § 621 et seq., 42 U.S.C. § § 6101 et seq., and Federal transit law at 49 U.S.C. § 5332, Independent Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, Independent Contractor agrees to comply with any implementing requirements FTA may issue.

      3. Disabilities - In accordance with section 102 of the Americans With Disabilities Act, as amended, 42 U.S.C. § 12112, Independent Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, ‘Regulations to Implement the Employment Provisions of the Americans with Disabilities Act", 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, Independent Contractor agrees to comply with any implementing requirements FTA may issue.

  2. Independent Contractor agrees to comply with all applicable requirements of any other State and Federal nondiscrimination statute(s) that may apply to this Agreement, and Independent Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

Attachment 4

INDEPENDENT CONTRACTOR AGREEMENT

Worker’s Compensation Requirement Disclaimer
(Select one option below)

By: Independent Collector Contractor or Collector Network Company: Agreement and approval to all details of this agreement are consented to by clicking "Agree and Approve" on the associated page. Date, Time and IP address will be saved and attached to the company or independent contractor that has acknowledged agreement.

I, hereby certify and declare that I or my company currently have Worker’s Compensation insurance for the employees that will provide service to READI COLLECT that meets or exceeds the requirements of my state.

By: Independent Collector Contractor or Collector Network Company: Agreement and approval to all details of this agreement are consented to by clicking "Agree and Approve" on the associated page. Date, Time and IP address will be saved and attached to the company or independent contractor that has acknowledged agreement.

I hereby certify and declare that I or my company currently do not have employees that will provide service to READI COLLECT for which my state requires that I provide Worker’s Compensation insurance. I further declare that if, at a future date, I do hire others to provide service to READI COLLECT, that I will provide the required Worker’s Compensation insurance.

I further agree that if the Company READI COLLECT incurs any costs or loss as a result of the Independent Contractor’s lack of required Worker’s Compensation insurance, that the Independent Contractor will reimburse the Company for those costs and losses.

Independent Contractor or Collector Company

By: Independent Collector Contractor or Collector Network Company: Agreement and approval to all details of this agreement are consented to by clicking "Agree and Approve" on the associated page. Date, Time and IP address will be saved and attached to the company or independent contractor that has acknowledged agreement.

Attachment 5

PROFESSIONAL LIABILITY INSURANCE COVERAGE

Company name or Independent Contractor name:

Date:

By: Independent Collector Contractor or Collector Network Company: Agreement and approval to all details of this agreement are consented to by clicking "Agree and Approve" on the associated page. Date, Time and IP address will be saved and attached to the company or independent contractor that has acknowledged agreement.

I / We hereby agree and accept the Company’s requirement as stated herein to provide not less than the minimum Professional Liability coverage of $1,000,000 per occurrence and $3,000,000 in the aggregate. Minimum coverage requirements herein are subject to change with 30-days written notice by READI COLLECT. READI COLLECT will be listed as a Certificate Holder and all notices shall be emailed to:

Readi Collect, LLC
Attn: Walter Ford
Email: walter@readicollect.com

As needed hard copies to be mailed to:

Readi Collect, LLC
960 Via Del Monte
Palos Verdes Estates, CA 90274

Our insurance is provided by the company and agent specified in the associated registration to be entered as required in the subsequent registration.

I / We hereby waive the right to be covered by any Professional Liability Policy if we fail to provide adequate proof of insurance, It is understood that if named party in a suit, pursuant to duties as an Independent Contractor for Readi Collect, by a client of Readi Collect, or one of their employees, or for any other reason, Readi Collect will NOT provide legal counsel or any other assistance that a professional liability policy might offer nor be held liable for any errors or omissions committed by the Independent Contractor, its’ company or individual employee(s).

The Independent Contractor hereby executes and accepts the requirements of the Company’s Professional Liability Insurance Program.

Agreement and approval to all details of this agreement are consented to by clicking "Agree and Approve" on the associated page. Date, Time and IP address will be saved and attached to the company or independent contractor that has acknowledged agreement.

Attachment 7

W9 Tax form

Every Independent Contractor or Collector Company that will be receiving payment from Readi Collect must fill out and return to Readi Collect a W9 IRS form (click link to go to online W9 form Form W-9 (Rev. October 2018). Attached a completed W9 when returning this completed Agreement.

License(s) or Certificate(s) held and current for Federal, State and Local specimen collection will be requested for upload during the completion of your profile in the Readi Network portal.