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HomeMy WebLinkAboutKobussen Buses-Senior Shuttle '$. CONTRACT FOR FilED ROUTE SERVICE [Senior Shunle) BETWEEN THE CITY OF OSHKOSH OJHKOJH ON THE WATER AND KOBUSSEN BUSES LTD. EFFECTIVE JANUARY 3, 2005 - DECEMBER 31, 2005 r This Agreement made and entered into this - day of November, 2004 by and between the City of Oshkosh and Kobussen Buses Ltd. whose principal place of business is W914 Cty. Rd. CE, Kaukauna, WI 54130, hereinafter referred to as the Contractor. WITNESSETH: WHEREAS, the City is a Wisconsin Municipal Corporation, acting by and through, its authorized agents; and WHEREAS, the City owns and operates a public transit system under the provisions of Wisconsin Statute 66.943; and WHEREAS, both the Federal Transit Administration of the United States Department of Transportation and the State of Wisconsin Department of Transportation assist in the subsidization of the transit system operating costs under formula grant programs; and . WHEREAS, the City desires to engage a contractor to provide fixed route service on a Senior Shuttle, and the Contractor is willing to provide bus transportation service under the terms and conditions set forth; NOW THEREFORE, the City and the Contractor agree to the following: 1. LENGTH OF CONTRACT This contract is intended to be for a period of twelve months, beginning January 3, 2005, and concluding December 31, 2005. If the renewal rates are reasonable, the contract will be continued up to five years (pending available funding). The renewal rate will be conveyed to the Transportation Director by October 1 of each year. This contract can be terminated by a 30 day written notice by either party. 2. SERVICE DESCRIPTION The service to be provided is described here and in the attached service area map (Exhibit A). The Contractor will be responsible for operating a bus during all revenue hours of service as indicated. The service will be a fixed route, using a vehicle having a minimum of twenty-five (25) passenger seats, with two wheelchair securement stations, and a wheelchair lift/ramp. The service will operate from 9:05 a.m. to 5:25 p.m., Monday through Saturday. The daily mileage is estimated as approximately 100 miles per day. The service will provide hourly service from the Oshkosh Seniors Center located at 200 North Campbell Road to l' ~ the senior housing complexes and shopping areas described as: From the Oshkosh Seniors Center to UW-O, through the Transit Center to Court Tower, Marion Manor, Mainview Apartments, UW-O, returning to the Oshkosh Seniors Center. From the Oshkosh Seniors Center to Bethel Home/Simeanna, to Wal-Mart, Target/Pick 'N Save, Shopko/Copps, Cinema 10/Steins, back through Bethel Home/Simeanna, culminating the run at the Oshkosh Seniors Center. 3. VEHICLES The Contractor must provide a wheelchair accessible, air-conditioned vehicle to operate this service, having a seated capacity of at least twenty-five (25) passengers, with two wheelchair securement positions, plus have a sufficient number of equivalent backup vehicles to maintain service in case of vehicle breakdown. Specifically, this vehicle will have: 1) A transit style front passenger step entrance, the first step a maximum height of 12" 2) A minimum interior headroom of 74" (average) 3) Perimeter seating or row seating. If row seating, the aisle will have a minimum width of 14" 4) Any exterior paints except school bus yellow/black. The Contractor will provide storage and maintenance space for the vehicles used in providing contracted service. The Contractor will supply a radio on the same frequency as the Oshkosh Transit System buses, a bell for passengers to indicate stops to the driver, tires, fuels, tools and spare parts and will maintain the vehicles in good working order and will keep the vehicles clean through a program of regular washing of the exterior and interior and thorough periodic major cleaning. The City of Oshkosh reserves the right to inspect the Contractor's vehicles and maintenance facilities at such reasonable times as the City of Oshkosh deems appropriate. 4. FARES AND REVENUES The Contractor will charge fares for this service in accordance with the fare schedule adopted by the City of Oshkosh. The Contractor shall submit an invoice for the total cost of service provided at the end of each month. Revenue collections will be subject to audit by the City of Oshkosh at such times, as the City of Oshkosh deems appropriate. T , 5. OPERATORS The Contractor will recruit, hire, train, and supervise the drivers who are to operate this service. The Contractor is also responsible for paying these operators' wages and benefits. These operators will be employees of the Contractor, not of the City of Oshkosh, and will not act, nor represent themselves, as employees or agents of the City of Oshkosh. All operators will be required to possess a valid Wisconsin Commercial Drivers License, classes B, C, D, with Air Brake and Passenger Endorsements. While operating the vehicle on this route, a uniform of navy blue trousers (not blue jeans) and a light blue shirt must be worn at all times. No other apparel will be acceptable. Cost of this uniform will be the responsibility of the Contractor or employee. The Transportation Director may refuse to permit a particular operator to drive this service if the Transportation Director determines that said operator is unacceptable to the Transportation Director for reasons including, but not limited to, the following: 1) Failure to stop for railroad crossings as required by law. 2) Being charged with or conviction of a criminal offense. 3) Operating a vehicle under the influence or use of controlled substances or alcohol while on duty. 4) Theft or embezzlement. 5) Permitting unauthorized person(s) to perform operating duties. 6) Conviction of more than two moving violations, regardless of whether received on duty or not. 7) Involvement in more than two accidents in any twelve month period. 8) Smoking, eating, and consumption of alcoholic beverages in the vehicle. 9) Numerous complaints about the driver. The Contractor agrees to report a conviction of a crime by a driver immediately to Oshkosh Transit for appropriate follow-up. 6. ADMINISTRATION The Transportation Director or his/her designee will receive all complaints on the service being operated under this proposal. These complaints will be forwarded to the Contractor for prompt resolution. The Contractor will, on a monthly basis, forward to the Transportation Director a copy of all complaints that have been directly received concerning this service and its resolution of them. J The City of Oshkosh will be responsible for all promotions and service planning. The City of Oshkosh will also be responsible for budgeting for the overall transit service and grant application and administration. The Contractor will be responsible for administering all labor relation matters pertaining to its employees. The Contractor will be responsible for obtaining licenses as required by the City of Oshkosh, the State of Wisconsin, and any other body with licensing jurisdiction over the service to be provided. 7. SMOKING, DRINKING, ETC. Smoking, eating and consumption of alcoholic beverages by drivers or passengers while on board any vehicle engaged in performing service for the City will not be allowed. Rude, offensive and abusive language or behavior is also prohibited. Driving while under the influence of drugs and/or alcohol is strictly forbidden. 8. KEY EMPLOYEE The Contractor will appoint an individual to be the main contact person for this program. 9. INSURANCE The Contractor shall not commence work under this agreement until it has obtained all insurance required under this paragraph. Evidence of this insurance coverage shall be furnished to the City in the form of certificates of insurance within 10 business days after execution of the agreement by the City. The Contractor shall, at a minimum carry and pay the premium for insurance of not less than the following: 1) Worker's Compensation Insurance: The Contractor shall take out and maintain Worker's Compensation Insurance in accordance with Statutory requirements of the State of Wisconsin. 2) Liability Insurance: The Contractor shall take out and maintain during the life of this agreement such public liability, vehicle liability and property damage insurance as shall protect the City and the Contractor from all claims for damages, personal injury, including accidental death, as well as from claims for property damages which may arise from operations under this agreement whether such operations be by the Contractor or by others directly or indirectly employed by either of them, by naming them as additional insured with respect to this program. The amount of insurance shall be as follows: $350,000 combined single limit per accident, as well as the required Worker's Compensation Insurance with the City named as an additional insured. The insurance specified above shall be with an acceptable insurance company authorized to do business in the State of Wisconsin, and shall be taken out before work is commenced and kept in effect until all work is completed. The City shall be given a minimum of 30 days notice in the event of change or cancellation of any insurance requirements. The City shall be named "additional insured" on all policies. The Contractor agrees to hold the City harmless and does indemnify the City against any claim or demands of any person arising by reason of the Contractor's operation of the service. Any and all claims arising from said operation shall be handled by the Contractor or its insurance carrier. The Contractor or its insurance carrier shall defend the City in any litigation arising from such claims, and pay any judgements obtained in any such litigation. 10. ACCIDENTS AND CLAIMS All passenger and vehicle-related accidents involving any property damage or personal injury resulting from service under this agreement must be reported to the City, in writing, within 72 hours of said accident, including a complete report on the incident. Any claim made against the Contractor must be reported to the City, in writing, within 48 hours. The City shall notify the Contractor of any claims reported directly to the City within 48 hours of receipt of the claim. 11. COMPENSATION The City agrees to pay the Contractor monthly based upon information received under Exhibit B. The Contractor will be issued a City-approved farebox to be securely mounted by the Contractor. The City will unlock and empty the farebox, recovering the cash fares deposited therein on an as needed basis. Invoices and trip records shall be forwarded to: OSHKOSH TRANSIT SYSTEM 926 Dempsey Trail Oshkosh, Wisconsin 54902 12. PAYMENTS Upon City audit and verification of the monthly invoice and trip records, the approved invoiced amounts will be paid to the Contractor within 15 business days. A year-end financial audit will be conducted by an independent audit firm hired by the City. To comply with OMB Circular A-128, Contractors receiving $25,000 or more in federal aid in any fiscal year will be required to provide the City with an audit of their program by a certified public accountant. In the event an overpayment is made to the Contractor, the Contractor shall refund all excess compensation to the City. 13. CHANGES TOTHE AGREEMENT The City may at any time by thirty (30) days written notice change or amend this agreement. 14. TERMINATION FOR CONVENIENCE Either party may terminate the agreement in whole, without cause, at any time after execution of the agreement by thirty (30) days written notice to the other party, when for any reason the City or Contractor determines that such termination is in their best interest. Upon receipt of written notice of termination, all deliveries of service and other performance by the Contractor shall cease to the extent specified in the notice of termination. The Contractor shall prepare a final invoice within ten (10) days of such termination reflecting the work actually furnished pursuant to the agreement and to the satisfaction of the City that has not appeared on any previous invoice for payment. Notice of intent to terminate shall be made through "return-receipt certified mail" at least thirty (30) calendar days prior to the proposed termination date. 15. DEFAULT BY CONTRACTOR The Contractor's failure to perform, improperly perform, violate, or default in any of the terms, conditions, or provisions of this agreement, shall include, but are not limited to: 1) Determination by the City that service rendered on particular occasions fails to meet the Operating Policies and Procedures, due to the intentional or negligent acts or omissions to act on the part of the Contractor. 2) Failure of the Contractor to supply the City with complete and accurate documentation as described. 3) Failure of the Contractor to respond to specific written request by the City to change service practices which is inconsistent with the requirements of this agreement. 4) Filing of a complaint by the City Police Department or other law enforcement agency involving the Contractor in connection with its performance under the terms and conditions of this agreement. 5) Failure to perform or improperly perform any of the work described as specified in this agreement. In the event of such failure to perform, improper performance of, violation of, or default in the terms, conditions, and provisions of this agreement, as described above, or in any manner, the City may take the following action with respect to the Contractor: 1) Terminate the agreement. 2) Suspend the Contractor, for a reasonable time period, from providing the services under this agreement. 3) Withhold payment or a portion of payment due to the Contractor on invoices previously submitted to the City. 4) Request that the Contractor take appropriate action against the individual owner, operator or vehicle driver involved in said violation or default in performance, as may be appropriate, including but not limited to, termination or suspension from providing contracted services or withholding of payment due as a result of previously submitted invoices. In the event of a termination, the performance of any work and any other performance by the Contractor pursuant to this agreement shall cease, and the Contractor shall prepare final invoice reflecting the service furnished pursuant to this agreement and which have not appeared on any previous invoice. The City agrees to pay the Contractor, in accordance with the terms of this agreement and as reflected on said invoices, for services actually furnished, exclusive of any compensation previously paid. Should the cost of any damages incurred by the City as a result of the Contractor's default violation, or non-performance, be over and above the final invoice submitted by the Contractor, the retention of said invoiced amount shall not be deemed a waiver of the City's right or entitlement to additional damage amounts from the Contractor. 16. FAMILIARITY AND COMPLIANCE WITH TERMS The Contractor represents that it has carefully reviewed the terms and conditions of this agreement and is familiar with such terms and conditions and agrees to faithfully comply with the same to the extent to which said terms and conditions apply to its activities as authorized and required by this agreement. 17. SUCCESSORS AND ASSIGNS All provisions of this agreement shall extend to bind and inure to the. benefit not only of the City and Contractor, but also their legal representatives, successors, and assigns. 18. AGREEMENT ALL-INCLUSIVE This agreement contains all of the terms and conditions between the parties hereto and no alterations, amendment, or addition thereto shall be valid unless in writing and signed by both said parties. 19. DRUG AND ALCOHOL TESTING Since January 1, 1996, Oshkosh Transit has implemented a comprehensive drug and alcohol program that includes random testing. All employees of Oshkosh Transit and all safety-sensitive employees of companies that provide contracted transit and paratransit services for Oshkosh Transit will be included in this program. Enclosed (Exhibit C) is Oshkosh Transit's drug and alcohol policy for paratransit providers. The company providing paratransit service will be required to participate fully in Oshkosh Transit's drug and alcohol program. Any company employees or officials who perform safety- sensitive duties will be required to participate in the program. Safety-sensitive individuals include those who drive, dispatch or repair transit and/or paratransit vehicles. Oshkosh Transit will provide all training associated with this program. A new employee or an employee who becomes involved in a safety-sensitive function will be required to take a pre-employment drug test and undergo Oshkosh Transit drUg and alcohol training before beginning their safety-sensitive duties. All individuals in the drug and alcohol program who are instructed to take a drug and/or alcohol test will promptly comply. Oshkosh Transit will pay the cost of: pre-employment testing, reasonable suspicion testing, post-accident testing and random testing. The cost of split drug tests will be in accordance with the written policy of Oshkosh Transit. Safety-sensitive personnel or officials of the Contractor who test positive for either drugs or alcohol (and the positive test is confirmed as valid by the Medical Review Officer) will be removed from their safety-sensitive position. They will be prohibited from working in any safety- sensitive transit or paratransit position that is involved in a contractual relationship with Oshkosh Transit. The Contractor will be required to provide Oshkosh Transit a list of all safety-sensitive and non safety-sensitive employees on a monthly basis. The list should include the official or employee's full name, position, and social security number. The Contractor will also promptly provide upon request any other employee information required for Oshkosh Transit to administer this program. The Contractor agrees to abide by the conditions and guidelines spelled out in the Oshkosh Transit System Drug and Alcohol Policy. If the Contractor wishes to have drug and alcohol policies different from Oshkosh Transit, it must submit these policies in writing to Oshkosh Transit for approval. Oshkosh Transit reserves the right to reject any changes to the existing drug and alcohol policy. 20. COMPETITIVE PROCUREMENT The Contractor agrees to follow competitive procurement procedures that conform tb applicable Federal law. The Oshkosh Transit System has the right to audit the Contractor's records in regards to their procurement procedures. The Contractor will provide procurement information to the Oshkosh Transit System as required. 21. STATE/FEDERAL REGULATIONS/FEDERALLY REQUIRED CLAUSES This agreement shall at all times be subject to the rules and regulations of the Wisconsin Department of Transportation and the Federal Transit Administration under the provisions of the Urban Mass Transportation Act of 1964, as amended. (Exhibit D) 22. MISCELLANEOUS In no event shall either party be deemed to be in default of any provision of this agreement for failure to perform, where such failure is due to strikes, walkouts, riots, civil insurrections or disorders, act of God, adverse weather conditions, or for any other cause or causes beyond the control of the City or the Contractor. COST SCHEDULE The per hour cost for fixed route service under this contract shall be the following: $31.92 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their respective proper officers and affixed their corporate seals hereto as of the day and year first above written. CITY OF OSHKOSH KOBUSSES BUSES LTD. ~MIÞ , RICHARD A. WOLLANGK . CITY MANAGER PAMELA A. UBRIG CITY CLERK ~Iž~ WITNESS APPROVED BY: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. Ulv~ (1 V~ EDWARD A. NOKES DIRECTOR OF FINANCE EXHIBIT A uJ ¡;: J: I- :¡¡ ;:' ~ ci ."~."ë'-""_.""=-'.~~3'~"" o"~~óc"". UJ z -~ '". ~ . y d~ s: ~ :~ (f) Q) !- I u~L . ~ 0 8 0 r; Q) C ::J ., EXHIBIT B EXHIBIT B MONTHLY INVOICE OSHKOSH TRANSIT SYSTEM SENIOR SHUTTLE SERVICE Company Name I nvoice Period Invoice Number Charge Per Hour Hours Operated X Total Monthly Expenses Amount Requested from the Oshkosh Transit System EXHIBIT C OSHKOSH TRANSIT SYSTEM DRUG AND ALCOHOL TESTING POLICY MAY 8,2001 1 2 ) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 THE OSHKOSH TRANSIT SYSTEM DRUG AND ALCOHOL TESTING POLICY (EFFECTIVE JANUARY 1 1996) . (RevisedM.ay8, ,2QQ1) "/. INTRODUCTION The Oshkosh Transit System performs a vital public service to the residents of Oshkosh and Winnebago County. We are committed to ensuring that transit services are delivered safely in a drug and alcohol free environment. Oshkosh Transit's drug and alcohol testing policy is desIgned to: Assure that employees can perform their assigned duties in a safe, healthy and productive manner.. . Create a workplace free from the adverse effects of drug and alcohol abuse or misuse. Ensure that all safety-sensitive* personnel of paratransitorganizations that contract with Oshkosh Transit to provide transit services are covered under the same drug and alcohol regulations as employees of Oshkosh Transit. ** * Safety-sensitive employees are defined as those that perform any of the following: . Operation of a revenue service vehicle, even if it is not in revenue service; . Operation of a non-revenue service vehicle that requires a COLi . Dispatch or controlling movement of a revenue service vehicle; . Maintenance ora revenue service vehicle or equipment us.ed in revenue service; or . Carrying a firearm for security purposes. ** Safety-sensitive personnel of private transit or paratransit organizations shall be governed under the same gUIdelines as employees of the Oshkosh TransIt System. Unless specifically stated, they will also be defined as employees in this policy statement. If you have any questions or concerns regarding this policy, contact the Transportation Supervisor, Oshkosh Transit System, locateâ at 926 Dempsey Trail, Oshkosh, WI 54902, 920/232-5340. . II. PURPOSE The purpose of this policy is t.o ensure employee fitness for duty and to protect our employees and $Çifety-::sensitive personnel employed by paratransit organizations that contract with us, passengers and the public from risks posed by worker use of arcohol and drugs. This policy is Intended to comply with all applicable Federal regulations governing workplace alcohol and drug use and misuse in the transit industry. Regulations issued By the U.S. Department of Transportation and the Federal Transit Aâministration mandate urine drug testing and evidential breath alcohol testing for safety-sensitive positions. * This policy document sets forth the Oshkosh Transit System alconol and drug abuse program and the conduct and testing reporting guidelinès for safety-sensitive emplorees and those safety-sensitive personnel employed by paratransit organizations that contrac with Oshkosh Transit. III. APPLICABILITY This policy applies to all transit system employees. It also applies to all personnel in safety- sensitive posItions in transit organizations that contract to provide transit or paratransit services with Oshkosh Transit. Participation in the Oshkosh Transit System's drug and alcohol testing program is a requirement of each safety-sensitive employee, and therefore, is a condition of employment with the Oshkosh Transit System and contracted transportation providers. The policy is in effect whether they are on transit property or when performing transit related business at any location in Oshkosh or Winnebago County. All of the Individuals covered by this policy will be subject to specific alcohol and drug testing as required by federal regulations. A safety-sensitive function is any duty related to the safe operation of mass transit or paratransit services including 1 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 L64 L65 L66 .67 .68 .69 .70 .71 .72 .73 .74 .75 .76 77 78 79 80 81 82 83 84 85 86 87 88 89 Refu.sing to sign an emp!oyee acknowledgem~nt form q~ failure tö partiçipate in requlrecf drug/alcohol training before worKing In a sensltlve""safety position after . January 1, 1996. Any employee who violates any of these rules set forth is subject to discipline, up to and including termination. 6. VI. REQUIRED TESTING SITUATIONS AND PROCEDURES All safety sensitive employees will be subject to testing after January 1, 1996. All safety sensitive employees are required to take drug or alcohol test wilen requested by a supervisor. These tests may be conducted just before, during, and just after performing a safety-sensitive function. Failure to take a required drug or alcohol test will result in an employee's removal from that assignment(s) and will result in immediate termination. All time spent U.ndergOing required alcohol or drug testing, including travel time shall be paid in accordance with applicaole provisions of a CollectIve Bargaining Agreement or the pay policy of the City of Oshkosh. Testing shall be conducted in the following situations: A. Pre-Employment Testing - A prospective employee must take proscribed drug tests after the offer of conditional employment and prior to beginning of work in a safety-sensitive position. A positive test will result in tlie individual's disqualification from the safety- sensitive position and withdrawal of the conditional em. ployment offer. The individual will be ineligible to reapply for the same safety-sensitive position for a period of one-year following the test. Existing employees who transfer from a non safety-sensitive position toa safety-sensitive position will De subject to the same procedures as the prospective employment except a positive test will automatically result in disqualification for a period of one year from the safety-sensitive position. A positive test may also result in additional discipline action against the employee up to and including dismissal. Employees and prospective employees will be able to. request that the splìt test be performed under the guidelines. specified. in Section VI IIPart C of this policy statement. FT A Regulations (effective May 10, 1995) no longer require pre-employment alcohol testing. Reasonable Suspicion Testing - A safety-sensitive employee can be subjected to reasonable suspicion testing if a supervisor believes there is reasonable cause to suspect drug or alcohol impairment: B. There is reason to suspect impairment based upon documentable objective facts and circumstances. These circumstances include but are not limited to: employee appea.rance, employees manner of acting or reacting, employee behavior, indication of controlled substance withdrawal, speech, breath, odor, indication of chronic effects of controlled substances. The supervisor may act if he/she believes the employee is under the influence of controlled substance prior, during or after the performance of a safety-sensitive function. This behavior or impairment is observed to prior, during or after the performance of safety-sensitive functions. If the supervisor believes that reasonable suspicion testing is warranted, the following steps should be followed: 1. 2. a) The employee should be removed from the safety-sensitive function immediately. The supervisor should escort the employee to the drug/alcohol testing site. The alcohol test shall tak. e place no later than (8) hours and the drug test no later than (24) hours after the reasonable suspicion is determined. If the alcohol test shall take place more than (2) hours but less than (8) hours after the reasonable suspicion is determined, the supervisor will be required to complete a report explaining the reason for the delay. b) 3 253 254 2~5 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 ~ 90 ~91 ~ 92 ~ 93 ~ 94 ~ 95 :96 :97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 E. Return to Duty/Follow-up Testing - An employee who tests gositive on a "drug or alcohol test will be required to take another drug and alcohol test before returning to work. The employee will also have to be cleared by a Substance Abuse Professional (SAP) to return to work. . This employee will be subject to a minimum of six randorn drug tests in the following tvvelve months, wflich will be considered follow-up testing. This does not include post accident testing, reasonable suspicion testing or random testing of all safety-sensitive employees. An employee who tests positive on a second occasion for either alcohol or drugs will be terminated immediately upon confirmation of test results. It does not affect the decision if the first positive test was for a different substance. Evidential Breath Tests on return to duty of folfow-up tests which the result of the initial and confirmatory test are .02 or greater will be considered a positive test and will result in immediate termination, VII. A. DRUG TESTING PROCEDURES OVERVIEW The City of Oshkosh has entered into an alcohol and drug testing agreement with the OccuIJatlonal Health Systems at Mercy Oakwood/Mercy Medical Center (hereafter known as OHS and MMC). Drug testing will normally De conducted through the use of urine samples to determine if illegal substances are present. We will test for the following prohibited substances as mandated. by the Federal Transit Administration: 1. 2. 3. 4. Tetrahydrocannabinol (marijuana) Cocaine (or crack) Amphetamines (uppers, speed) Opiates (including heroin) Phencyclidine (PCP) 5. If there is reasonable suspicion by a supervisor that the employee is abusing a controlled substance other than the five class of drugs listed above, Oshkosh Transit reserves the right to test for those drugs using standard laboratory testing procedures. Those tests will be conducted with separate specimens from any FTA mandated drug tests. Positive tests of these controlled substances will result in the same discipline procedures as with other positive drug test results. Drug testing is conducted by analyzing an employee's urine specimen (through a NIDA certified testing lab). This test will use a split sample testing procedure. Each urine specimen is divided into two bottles. Both specimen bottles will be sent to a certified lab. The specimen deemed to be the primary specimen will be used for the actual urinalysis. The split sample will be stored at the lab and remain sealed. If the analysis of the primary specimen confirms the presence of a controlled substance, the employee has three options. First, the employee can request that the split sample be sent to a separate lab for retest. Second, the employee can request that the same lab test the split sample. The employee must contact the Medical Review Officer (MRO} within 72 hours of receiving the results of a positive test if he/she wishes to pursue either of these o¡Jtions,. Third, the employee can waive the right to a retest by not contacting the Medical Review Officer within 72 hours or indicating prior to that time that they are waiving the option of a split sample. The employee will be required to pay the cost of the S. plit test. If the results of the split test are negative, Oshkosh Transit will reimburse the cost to the employee. If the employee waives the right to retest, the test results will be considered positive and actions will be taken on that basis. Ifthe retest is also positive, the test results will be deemed positive. If the retest fails to reconfirm the initial test, the test is canceled. 5 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 lOO lOl 102 t03 t 04 t05 l06 ~ 07 :08 :09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 D. The Substance Abuse Professional will develop the appropriate treatment program. The employee will be required to fully follow the designated treatment program. The Substance Abuse Professional will determine when the employee is ready to return to work. They will forward that written authorization to the Medical RevIew Officer and the Oshkosh Transit Drug/Alcohol Coordinator. The em¡::>loyee will able to return to work after receipt by the employer and Medical Review Officer ora negative drug and alcohol test result in their return to work tests. They will be subject to a minimum of six random follow-up drug and alcohol tests in the next twelve months. . GUIDELINES FOR PRESCRIPTION AND NON PRESCRIPTION DRUGS 4. 5. 6. It is required to notify the Personnel Department or a supervisor if an employee is taking any legally pr.escribed medication, therapeutic drug or non prescription drug that contains any measurable amount of alcohol or carries a warning label that indicates the employee's mental functioning, motor skills or judgement may be adversely affected by the U. se of this medication. Federal regulations stipulate that an employee is not permitted to use or possess medication containing alcohol while in performance of a safety-sensitive duty. A positive alcohol test as a result of legally prescribed medication will be treated as any other valid positive test results for alcohol. VIII. EFFECTS OF ALCOHOL MISUSE Alcoholism and drug dependency are treatable illnesses that can be successfully dealt with if identified in the early stages and referred to an appropriate source for treatment. Indications of alcohol and drug abuse include extreme changes in personality, problems with employer or other employees, interrupted or changing sleep patterns, problems with attendance and lateness, concealment of social habits involving drugs and alcohol, and family problems. Continued alcohol and drug dependency can lead to a deterioration of health. The Oshkosh Transit System encourages employees to seek treatmentvoluntarily and supports employees who volunteer for treatment of alcohol or drug abuse. If you feel you have an alcohol or drug dependency, we encourage you to speak with your immediate supervisor for information about the Employee Assistance Program (EAP) that is available to you. Confidentiality of inform~tion will be maintained at all times. The Oshkosh Transit System and the City of Oshkosh will assist the employee with sick leave, vacation time, or leave without pay during treatment and rehabilitation, and insurance coverage will be provided to the extent of individual coverage. While the Oshkosh Transit System is willing to assist employees with alcohol or chemical dependency problems, safety is our first priority. Employees must adhere to the attached Drug and Alcohol Policy regardless of participation in a treatment program and are expected to observe all other job performance standards and work rules. IX. A. ALCOHOL TESTING PROCEDURES OVERVIEW The City of Oshkosh has entered. into an alcohol and drug testing agreement with the OccuRatlonal Health Systems at Mercy Oakwood/Mercy Medical Center (hereafter known as OHS and MMC). Drug testing will normally be conducted tlírough the use of Evidential Breath Tests (EBT) to determine the presence of alcohol. The Evidential Breath Testing device is caRable of measuring an employee's blood alcohol concentration. A qualified Breath Alcohol Technician (BAT) will administer the test. Identification procedures will be the same for an alcohol test as they are for a drug test at OHS/MMC. The employee will complete any forms fully and without modification. The Breath Alcohol Technician 7 501 502 503 504 505 506 507 508 509 510 511 512 513 514 :;15 :;16 :;17 :;18 :; 1.9 :;20 :;21 :;22 :;23 :;24 :;25 :;26 :;27 :;28 529 530 531 532 533 534 535 :;36 :;37 )38 :;39 :;40 :;41 :;42 :;43 :;44 :;45 :;46 :;47 :;48 ;49 ;50 ;51 ;52 ;53 ;54 Xf. CONFIDENTIALITY OF RECORDS The Oshkosh Transit System respects the privacy rights of all of its employees. It understands that the nature of these tests requires respect for the employees' rights for confidentiality. Test results will be communicated to the employee, their supervisor, and tile drug and alcohol program manager. Oshkosh Transit will not reveal these records orthe identity of any employees partiei-. pating in related treatment programs unless one of the following circumstances arise: 1. The employee directs release of records/information to a third party in writing (exceptions: Medical Review Office, Substance Abuse Professional, and/or Program Manager). Oshkosh Transit may disclose information related to a test result to the decision- maker in a lawsuit, grievance, on behalf of the employee tested, Upon written request, Oshkosh Transit will provide any employee with their records relating to his/her test. . Oshkosh Transit must release information to the. National Transportation Safety Board {NTSB) about any post accident test performed for an accident that is under NTSB Investigation. Oshkosh Transit will make available copies of all results of employee testing programs, and any other records pertaining to testing programs when requested by the US Department of Transportation (DOT) or any oHler records pertaining to testing programs when requested by DOT or any DOT agency with regulatory authority over Oshkosh Transit or any of its employees. It will also reply to similar requests with Wisconsin agencies that have authorized oversight responsibilities. 2. 3. 4. 5. These exceptions to employee confidentiality are required by Federal Transit Administration guidelines. XII. TRAINING All employees will be subject to a minimum of sixty minutes of training. It will focus upon the effects and indicators of drug use. Training will be primarily by the use of audio-visual materials that are in compliance with Federal Transit Administration guidelines. New employees will receive this training prior to performance of safety sensitive duties. All employees will also be required to read this document and verify that they nave read and understand this policy and agree to fully comply with it with the Drug and Alcohol Verification Form. All supervisors will receive a minimum of 120 minutes of training in addition to the training indicated above. Sixty minutes of the training willbe with respect to tne alcohol program and sixty minutes will be for the drug program. 9 555 556 557 5'58 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 6Ql 602 603 604 605 606 507 508 509 510 511 512 :;13 :;14 :; 15 ;16 j 1 7 ;18 H. TRANSIT COORDINATOR I. TRANSPORTATION SUPERVISOR J. TRANSPORTATION DIRECTOR K. OFFICE CLERK (PART-TIME) NON.:OSHKOSH TRANSIT EMPLOYEES A. ALL OSHKOSH CAB COMPANY EMPLOYEES WHO EVER OPERATE A CAB OR VAN, PERFORM REPAIRS OR DISPATCH: 1 DIAL-A-RI DE 2 CABULANCE 3 RURAL OVER 60 4 RURAL UNDER 60 5 ADVOCAP 6 ANY FUTURE FEDERALLY FUNDED OSHKOSHTRANSIT BID BUS DRIVER(S) FOR ZION ELDERCARE DISPATCHERS FOR ZION ELDERCARE KOBUSSEN BUSES, L TO. DRIVERS, MECHANICS AND DISPATCHERS LAKESIDE PACKAGING PLUS, INC. DRIVERS, MECHANICS AND DISPA TCHERS. ANY FUTURE EMPLOYEES OR VOLUNTEERS WHO PERFORM A SAFETY SENSITIVE FUNCTION AS DEFINED BY FT A UNDER CONTRACT TO OSHKOSH TRANSIT. I. II. B. C. D. E. F. APPENDIX A SAFETY SENSITIVE POSITIONS COVERED UNDER FT A DRUG AND ALCOHOL REGULATIONS OSHKOSH TRANSIT EMPLOYEES A. B. DRIVERS (FULL-TIME) DRIVERS (PART-TIME) MECHANICS SERVICE TECHNICIAN MECHANIC/OPERA TORS ADMINISTRATIVE SECRETARY MAINTENANCE SUPERVISOR C. D. E. F. G. 10 . ., . EXHIBIT D % FEDERALLY REQUIRED CONTRACT CLAUSES To be included in third party transit contracts 1. Charter Bus & School Bus Requirements The Recipient agrees that it will not engage in charter or sightseeing services provided with FT A funded equipment or facilities, except in col11pliancewith 49 CFR Part 604. The Recipient also agrees that it will not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators, in accordance with 49 CFR Part 605. All vehicles operated by the transit system will remain open to the public at all times and will be clearly marked for public use. 2. Energy Conservation Requirements The Recipient agrees that it will comply with 42 USC § 6321 et seq. and 49 CFR Part 18; US. Department of Transportation regulations relating to energy conservation. 3. . CleanW ater Requirements The Recipient agrees that it will comply with U.S. Department of TranspOliation regulations relating to the Federal Water Pollution Control Act, as amended, 33 USC § 1251 et seq. 4. Lobbying The Recipient, in compliance with 49 CFR Parts 19 and 20, hereby assures and certifies that for any application for a Federal assistance exceeding $100,000: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract or grant, the Recipient shall complete and submit Standard Form.,LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, . (3) The Recipient shall require that the language of this certification will be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans and cooperativé agreements) and that all subrecipients shall èertify and disclose accordingly. This assurance is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of the assurance and certification is a prerequisite for making or entering into this transaction, as imposed by 31 US.C. 1352. Any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure foml shall be subject to a civil penalty of not less than .$10,000 and not more than $100,000 for each such expenditure or failure. 5. Access to Records & Reports It is the policy of the Department to maintain an open and public process in the solicitation, submission, review, and approva10fprocurement activities related to this contract. Bid/proposal .. B. The Recipient also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or celiification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded byFTA under the authority of 49 USC § 5307, the Government reserves the right to impose the penalties of 18 USC § 1001 and 49 USC § 5307(n)(1) on the Recipient, to the extent the Federal Government deems appropriate. The Recipient agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FT A. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subj ect to the provisions. I -.. c. 11. . T ern1ination A. The Department may tern1inate this Contract at any time that the Secretary detennines that the Recipient or their subcontractor has failed to perform in the manner called for in the contract or has failed to fulfill contract obligations. Failure of the Recipient or their subcontractor to comply with the tenns and conditio;nsofits grant application and/or the provisions of this Contract shall be considered cause for termination. The Recipient may terminate this Contract if so directed by appropriate local government bodies for whatever reason such request to terminate is made. B. c. Both parties. agree that notice of intent to terminate the contract shall be made in writing through "return-receipt certified mail," at least 30 calendar days prior to the proposed termination date. D. In the event that this Contract is terminated, the Department shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. 12. Government-wide Debarment & Suspension Nonprocurement Executive Order 12549, as implemented by 49 CFR Part 29, prohibits FTA recipients and sub-recipients from contracting for goods and services from organizations that have been suspended or debarred from receiving Federally-assisted contracts. Recipient agrees to submit a certification to the effect that it will not enter into contracts over $100,000 with suspended or debarred contractors and that it will require their contractors (and their subcontractors) to make the same certification, Contractors are required to pass this requirement on to subcontractors seeking subcontracts over $100,000. Thus, the terms "lower tier covered participant" and "lower tier covered transaction" include both contractors and subcontractors and contracts and subcontracts over $100,000.The certification and instruction language is contained at 29 CFR Part 29, Appendix B, and must be included in IFB'sand RFP's [for inclusion by contractors in their bids or proposals] for all contracts over $100,000, regardless of the type of contract to be awarded. 13. . Privacy Act When a Recipient maintains files on drug and alcohol enforcement activities for FTA compliance, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. . The following requirements apply to the Recipient and its employees that administer any system of records on behalf of the Federal Government under any contract: A. ~ ~ B. The Recipient agrees to comply with, and assures the compliance of its employees with, the inforn1ationrestrictions and other applicable requirements of the Privacy Act of 1974,5 USC § 552a. Among other things, the Recipient agrees to obtain the express consent of the Federal Government before the Recipient or its employees operate a system of records on behalf of the Federal Government. The Recipient understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the tenns of the Privacy Act may result in tennination of the underlying contract. The Recipient also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FT A. 14. Civil Rights Requirements . The Recipient agrees that it will comply with Title VI of the Civil Rights Act of 1964 and all U.S, Depmiment of Transportation regulations relating to enforcement of that Act. 15. Breaches & Disputes Resolution All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances. where contractors violate or breach contract tenns, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate perfonnance, retained earnings, liquidated damages or other appropriate measures. Disputes arising in the perfonnance of this contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the State of Wisconsin, the Chief of Public Transit. This decision shall be final and conclusive unless within 10 days ftom the date of receipt of its copy, the Recipient mails or otherwise furnishes a written appeal to the Chief of the Public Transit Section. In connection with any such appeal, the Recipient shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision ofthe Chief of Public Trm1sit shall be bindingm1d the Recipient will abide by the decision. 16. Transit Employee Protective Agreements The Recipient agrees that as a condition to reCelVll1g federal financial assistance from the Department of Transportation, as authorized under Section 5311 of the Federal Transit Ad, it will comply with the terms and conditions of the Special Section 5333(b) WaITanty for Application to the Small Urban and Rural Program. The recipient further agrees that it will assume all legal and financial responsibility relative to compliance with the tenns and conditions of the WaITanty. 17. Disadvantaged Business Enterprises (DBE) (1) Policy. It is the policy ofthe U.S. Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the opportunity to participate in the perfonnance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this Agreement. (2) DBE Obligation. The Recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the opportunity to participate in the performance. of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Pali 23 to ensure . r¡!I//.... nondiscrimination in the award and administration of all contracts and sub agreements suppOlied with Federal assistance from the U.S. D.O.T. 18. Incorporation of Federal Transit Administration CPT A) Ten11s All contractual provisions required by the USDOT, as set forth in FT A Circular 4220.lD, dated April 15, 1996 or any subsequent amendments, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated ten11S shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Recipient shall not perfon11 any act, failto perform any act, or refuse to comply with any WisDOT requests which would cause WisDOT to be in violation of the FTA terms and conditions. 19. Drug & Alcohol Testing The Recipient hereby assures and certifies that it will comply with all requirements of 49 CFR Pmi 654; U,S. Department of Transportation regulations relating to Alcohol Testing. The Recipient also assures and certifies that it will comply with all requirements of 49 CFR Part 653; U.S. Department of Transportation regulations relating to establishment and implementation of an anti-drug program.