HomeMy WebLinkAboutCabulance 2006-2010
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CONTRACT FOR CABULANCE SERVICE
BETWEEN THE
CITY OF OSHKOSH
OJHKOJH
-
ON THE WATER
AND CABULANCE INC.
EFFECTIVE JANUARY 1, 2006 -
DECEMBER 31,2010
1.
LENGTH OF CONTRACT
This contract is intended to be for a period of five years, beginning January 1, 2006, and
concluding December 31, 2010. Either party can terminate this contract with a thirty (30)
day written notice to the other.
During the length of the contract, the Contractor may request that the City approve a
change in the rate per trip that the Contractor charges the City. The request must be
made in writing by October 1st of the prior year before the rate increase goes into effect.
If this new rate per trip is reasonable, the City will authorize payment at that rate during
the succeeding year. '
2.
SERVICE DESCRIPTION
The service to be performed is demand-response and is door-through-door (thirty
minute desired maximum response time) service. Clients will be certified by the
Oshkosh Red Cross as being mobility-limited.
3.
SERVICE AREA
The service area will be limited to the city of Oshkosh.
4.
PROGRAM PARTICIPANTS
A. USERS. Participation in this program is restricted to persons who have
been certified by The Oshkosh Red Cross as unable to use The Oshkosh Transit
System because of mobility-impairment. The users of this service generally will
require use of a wheelchair lift or ramp to enter the transportation vehicle.
Patrons will require a wheelchair to be mobile.
B. CONTRACTOR. The Contractor must be licensed by the City of
Oshkosh to provide taxiand/or handicapped livery service and must be in
compliance with all applicable City codes, regulations, and licensing
requirements and all applicable State motor vehicle codes and licensing
requirements throughout the contract period.
5.
HOURS OF SERVICE
This service will operate 24 hours per day, 7 days per week.
6.
FARES AND REVENUES
The cash fare paid by the program's participants will be forwarded to the City within ten
(10) days after the end of each month. Invoices submitted by the Contractor to the City
shall be for the total monthly cost allowed by the contract. Each requested trip is
considered a one-way trip and must be billed appropriately. Provisions for stopovers,
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and/or linked trips is at the discretion of the Contractor. The creation of two or more trips
out of one trip is prohibited.
7.
SCHEDULING AND DISPATCHING
All program trips must be scheduled and/or dispatched through the Contractor. The City
will not perform any scheduling functions. The Contractor must not assign any user
exclusively to a particular driver.
8.
LATE CANCELLATIONS AND NO-SHOWS
The City will not reimburse the Contractor in any way for no-shows and/or late
cancellations.
9.
VEHICLES
All vehicles shall be licensed as human service vehicles by the State of Wisconsin and
must be inspected annually with the inspection sticker displayed on the vehicle.
The Contractor will be responsible for supplying an appropriate number of vehicles to
satisfy the service requirements under the contract at all times. The Contractor is solely
responsible for the cost incident to the acquisition or lease of vehicles used to provide
paratransit service under this contract.
The Contractor shall be responsible for the proper use, care and maintenance of all
vehicles and equipment required to adequately fulfill the responsibilities associated with
the provision of described paratransit services.
All vehicles must have properly maintained and functioning heating and air conditioning
systems, and drivers shall operate these systems so as to provide for the comfort of
passengers.
The Contractor is required to follow a preventive maintenance program, which at a
minimum must conform to the vehicle manufacturer's recommended warranty and
maintenance requirements for commercial use of the vehicle. The Oshkosh Transit
System will have access to maintenance records of all vehicles operated in fulfillment of
this contract.
All vehicles operated in fulfillment of this contract must be clean and free of dirt and
litter. Drivers and passengers are not permitted to eat, drink, or smoke in the vehicles.
10.
USER IDENTIFICATION
All certified users under this program have been issued identification (ID) cards. The
Contractor's drivers shall verify the user's program eligibility by inspecting said ID card
(user name, expiration date, and signature).
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11.
TRIP RECORD
Each trip will require a separate trip record with the following information:
A.
B.
C.
D.
Name, address and ID number of rider.
Origin and destination with appropriate times.
Date of trip.
Passenger trip mileage.
The driver shall "fully" complete a trip record for each trip. One copy shall be retained by
the Contractor and one copy submitted to the City along with a monthly invoice. The
City will automatically reject incomplete or invalid trip records.
12.
ATTENDANTS
The arrangement for and use of attendants is the total responsibility of the program
user. The Contractor is not required to provide an attendant for program users. The City
will not subsidize any attendant fares. One attendant per program user is permitted to
ride free.
13.
USER ASSISTANCE
The Contractor is required to use the highest degree of care in the operation of
equipment and assistance of users. The Contractor must attempt to drop off all users as
close to their desired entrance as possible.
14.
SMOKI NG
The Oshkosh Transit System is dedicated to providing a smoke-free environment for all
users of its van-assisted paratransit service. Smoking while performing service for the
City of Oshkosh Transit System is prohibited. Smoking is not permitted inside any
vehicle that performs paratransit service for Oshkosh Transit System even if
passengers are not present.
15.
DRINKING AND ILLEGAL DRUGS
Driving while under the influence of drugs and/or alcohol is strictly forbidden.
16.
PROFANITY
Rude, offensive and abusive language or behavior is prohibited.
17.
WHEELCHAIR-TO-SEAT TRANSFER
The Contractor is permitted to ask wheelchair-bound users if they wish to transfer from
a wheelchair to a seat once on board a vehicle.
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18.
KEY EMPLOYEE
The Contractor will appoint an individual to be the main contact person for this program.
19.
INFORMATION AND REPORTS
Mileage and trip data: The City is required by the Federal Transit Administration to
collect mileage and trip data. The Contractor will be required to assist the City in the
periodic collection of such data.
Employee information: The Contractor shall provide the City with a list of all personnel
who will perform services under this agreement. The Contractor may add or delete
personnel to this list upon written notice to the City.
Vehicle Information: The Contractor shall provide the City with a list of all vehicles that
will be used to provide service under this agreement. The Contractor may add or delete
vehicles upon written notice to the City.
20.
EMPLOYEE TRAINING
All employees will receive a minimum of Passenger-Assistance/Passenger and
Sensitivity Training as follows:
b.
All new employees will receive a minimum of two (2) hours of training
before beginning service to patrons.
Annually, all employees will receive, at minimum, a one (1) hour refresher
course on passenger assistance and sensitivity during the third quarter of
each year this contract is in effect.
. a.
The cost of training materials and instructor fees will be borne by the Contractor.
21.
DRUG AND ALCOHOL TESTING
Effective January 1, 1996, Oshkosh Transit was required to implement a
comprehensive drug and alcohol prógram that included 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 (Appendix A) is Oshkosh Transit's drug and alcohol policy manual
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.
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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 tests, 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. It will include the official or
emplo¥ee's name, position, and social security number. Updates will be due monthly on
the 15 h of the month for the term of the contract. 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.
22.
SERVICE STANDARDS
Oshkosh Transit wishes to ensure that program users receive quality transit service. We
want to deliver service in a timely manner and ensure that all Contractor personnel treat
program users with dignity and courtesy.
Complaints regarding service need to be resolved promptly. The Contractor agrees to
make good faith efforts to resolve any complaints by program users. If they are unable
to resolve those complaints, they should advise Oshkosh Transit of the complaint and
reasons for the impasse.
Oshkosh Transit seeks to ensure that service levels remain adequate throughout the
period of the contract. Surveys of users designed to measure satisfaction will be
conducted during the period of the contract. Contractor personnel and officials shall not
attempt to influence the outcome of these surveys in any manner. Oshkosh Transit is
dedicated to maintaining a high level of user satisfaction.
If a customer satisfaction survey reveals any of the following situations, Oshkosh Transit
will work with the Contractor to correct the situation:
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1.
2.
3.
4.
Satisfaction with service timeliness should fall below 85%.
Satisfaction with dispatcher courtesy should fall below 85%.
Satisfaction with driver courtesy should fall below 85%.
Satisfaction with ride quality should fall below 85%.
If customer satisfaction surveys, taken at least 30 days but no more than 150 days after
the need for correction is determined, continue to show satisfaction levels below the
above levels, termination of the contract may result.
23.
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 ten (10) business days
after execution of the agreement by the City. .
The Contractor shall, at a minimum, carry and pay the premiums for insurance of not
less than the following:
A.
B.
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.
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 followed: .
$500,000 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 thirty (30) days of 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
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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.
24.
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
forty-eight (48) hours. The City shall notify the Contractor of any claims reported directly
to the City within forty-eight (48) hours of receipt of the claim. .
25.
COMPENSATION
The City agrees to pay the Contractor monthly, based upon information received in the
Contractor's billing statement and accompanying trip sheet records. The Contractor will
submit the total fares collected at the time the City receives the monthly invoice.
Invoices and trip sheet records shall be forwarded to:
THE OSHKOSH TRANSIT SYSTEM
926 Demps~y Trail
Oshkosh, WI 54902
26.
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. 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 by a certified public accountant. In
the event an overpayment is made to the Contractor, the Contractor shall refund all
such excess compensation to the City.
27.
CHANGES TO THE AGREEMENT
The City may at any time by thirty (30) days written notice change or amend this
agreement. Should the Contractor not wish to abide with these changes, the Contractor
shall give 30 days written notice of their intent to terminate the agreement.
28.
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 or termination, all deliveries of service and other
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performance by 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.
29.
COMPETITIVE PROCUREMENT
The Contractor agrees to follow competitive procurement procedures that conform to
applicable Federal law. The Oshkosh Transit System has the right to audit the
Contractor's records in regards to their procurement procedures. Th.e Contractor will
provide procurement information to the Oshkosh Transit System on a monthly basis.
30.
STATE/FEDERAL REGULATIONS
This agreement shall at all times be subject to the rules and regulations of Wisconsin
Department of Transportation and the Federal Transit Administration, under the
provisions of the Urban Mass Transportation Act of 1964, as amended. (See Appendix
B)
31.
SUCCESSORS AND ASSIGNS
All provisions of this agreement shall extend to bind and inure to the benefit not only of ,
the City and the Contractor, but also their legal representatives, successors and
assigns.
32.
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.
33. 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, acts of God, adverse weather conditions, or for any other
cause or causes beyond the control of the City or the Contractor.
Oshkosh Transit reserves the right to disallow any driver from transporting passengers on
this program. This action may result from, but not limited to, numerous complaints about
the driver or a criminal conviction during the term of this contract.
The Contractor agrees to report a conviction of a crime by a driver immediately to
Oshkosh Transit for appropriate follow-up.
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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
the day and year first above written.
CITY OF OSHKOSH
SERVICE PROVIDER
ß!/I // K
RICHARD A. WOLLANGK
City Manager c
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WITNESS
APPROVED BY:
~~
' .. .œd . . ~~
~ity Attorney
I hereby certify that the necessary
provisions have been made to pay the
liability which will accrue under this
contract.
2{þ~ a,~
EDWARD A. NOKES
Director of Finance
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APPENDIX A
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OSHKOSH TRANSIT SYSTEM
DRUG AND ALCOHOL TESTING POLICY
MAY 8,2001
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I nr:: u\:)nt\U~H I KAN~II ~YSTEM
DRUG AND ALCOHOL TESTING POLICY
(EFFECTIVE JANUARY 1, 1996)
(Revised May 8, 2001)
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. . i . .
Create a workplace free from the adverse effects of drug and alcohol abuse or
misuse. .
Ensure that all safety-sensitive* personnel of paratransit organizations 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 perföthiähY 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 CDL; .
. Dispatch or controlling movement of a revenue service vehicle;
. Maintenance of a 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 sarl)e gUldelines.as employees of th.e O~hko~h 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, locatea at 926 Dempsey Trail, Oshkosh, WI 54902,
920/232-5340. .
PURPOSE
The purpose of this policy is to ensure employee fitness for duty and to protect our employees and
safety-sensitive personnel employed by paratransit organizations. that contract with us,
passengers and the public from risks posed by worker use of alcohol and drugs. This policy is
Intended to comply with all applicable Federal regulations governing workplace alcohol and dru.g
use and misuse in the transit industry. Regulations issued by the U.S. Department of
Transportation and the Federal Transit Administration 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 guidelines
for safety-sensitive employees and those safety-sensitive personnel employed by paratransit
organizations that contract with Oshkosh Transit. .
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 OSh.koSh 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 ;n effect whether they are on transit property or when performing transit related business at any
location in Oshkosh orWinnebago County. All of the Individuals covered by this policy will be
subj~ct t9 specific alcohol and drug testing a~ required by fede,ral regulation~. A safety-.sensit,ive
function IS any duty related to the safe operation of mass transIt or paratranslt servIces including
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the opEfration, dispatchandmaint~nançe.ofama$$Jran$itor paratransit service yehicleinclu'çjing .'",
supervisors. A list of safety sensitive positions is attached (See Appendix A).
IV.
PROHIBITED SUBSTANCES
Prohibited drugs include any illegal or controlled substance including, but not limited to: marijuana,
amphetamines, opiates,phencyclidine (PCP), and cocaine. It also includes any drug not approved
for medical use by the USDA or the USFDA. Illegal use includes: use of or impairment by any
illegal . d~ug, misuse of legally prescribed or over the counter drugs, or ilregally obtained
prescriptIon drugs.
The use of any beverage or mixture, including any medication, containing alcohol during or up to
four hours before performing a safety-sensitive function is also prohibited.
V.
A.
PROHIBITED CONDUCT
FEDERAL GUIDELINES FOR PROHIBITED CONDUCT
These. guidelines are aççording.. to. F~cferClI.. Transit AdmillistrEitign regulations concerning
prohibited conduct for safety-sensitive employees: . . .... . .. ..
1. Using or possessing alcohol while on duty. NOTE: Federal Regulations include
medications containing alcohol in the substances banned from use or possession
in the workplace. Therefore employees will not be assigned to safety-sensitive
job functions while using or possessing prescription or non;'Rrescription medication
If such medication contains any measurable amount of alcohol. It is the
resRonsibility of the employee to notify his/her supervisor of their use of any
meâication containing a measurable amount of alcohol.
Using alcohol within (8) hours following an accident, if the employee was required
to be tested, unless an earlier test results in a reading of less than 0.02.
ReRorting for duty or remaining on duty while having an alcohol concentration of
0.02 or greater. .
4. Consuming any amount of alcohol within four (4) hours before reporting for duty.
5. Using any controlled substances while on duty.
6. Reporting or remaining on duty if the employee tests positive for alcohol or drugs. .
7. Refusing to submit to any drug or alcohol test that is required by this Policy.
OSHKOSH TRANSIT PROHIBITED POLICIES
2.
3.
B.
These practices are specifically prohibited under Oshkosh Transit policy.
1. Dispensing, distributing or receiving alcohol and controlled substances while on
duty. . . .
Possession of controlled substances while on duty.
2.
3.
Reporting for duty or remaining on duty in a safety-sensitive position while having
an alcohol concentration of 0.02 or greater. .
Reporting for duty or remaining on duty while under the influence of alcohol or a
controlled substance. .
Providing false information concerning a test, or falsifying test results through
tampering, contamination, adulteration or substitution of test samples.
4.
5.
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I "JIU;:>III~ LV ;:>I}:JII CUI 1::11 If. fUY~~ Cll;K.IIUWfeugemem Torm or failure to participate in
required drug/alcohol trainIng before worKIng in a sensitive-: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. . .
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 resultin an employee's removal from that assignment(s)
and will result in immediate termination.
All time spent undergoing required alcohol or drug testing, including travel time shall be paid in
accordance with applica151e provisions of a Collecfive 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 ttïeindividual's disqualification from the safety-
sensitive posItion and withdrawal of the conditional employment offer. The individual will
be ineligible to reapply for the same safety-sensitive position for a period of one-year
following the tesr. EXisti~g. employees Vl(ho transfer from a non safety-sensitive poslt!on
to a safety-sensitIve posItIon wIll De subject to the same Procedures as the prospectIve
employment except a positive test will automatically resul 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 r.equest that the spnt test be performed under the
guidelines specified in. Section VII/Part C of this. policy statemen.t. FTA 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:
1. There is reason to suspect impairment based upon docum. entable objective facts
and circumstances. These circumstances include but are not limited to: employee
appearance, 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 contro11ed 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:
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 take 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.
2.
b)
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c.
The supervisor will wait at the clinic until the testing has been completed.
The employee shall not return to duty until the results of the test are known.
The employee will not be allowed to drive home if the alcohol test and confirmation
indicate. a blood alcohol level of 0.02 or greater. An alternate mode of
transportation must be provided and it is the responsibility of the employee to
arrange alternate transportation.
If the employee has been removed from their safety-sensitive position as a result
of reasonable suspicion of drug use by their supervisor, they will be removed from
all safety-sensitive duties penâing the results of the drug test. If the drug test is
negative, they will be reinstated and the suspension will be removed from their
record. If the drug test is positive, they will be subject to the discipline procedure
associated with a positive drug test.
The supervisor will complete and si,gn a copy of the Reasonable Suspicion
Observation Form within 24 hours of removing the employee from the safety-
sensitive function.
Random Testing - All employees in safety-sensitive positions will be subject to random
testing. The testing may be conducted immediately before, during or immediately after the
performing of the employee's safety-sensitive duties. Employees of Oshkosh Transit and
other employers who contract with Oshkosh Transit will be placed in a pool of employees
subject to testing. The individuals who will be tested will be selected from a pool of
employees subject to testing. The testing dates and times will be unannounced and will
occur with random frequency throughouf the year. Random alcohol tests will equal 25
percent of all employees in tile testing pool; drug tests will be 50 percent of employees in
the pool. These testing .Ievels are based uQon Federal Transit Administration
requirements. Testing levels will change if required Federal Transit Administration Testing
levels change.
Occupational Health Systems will select employees for random testing using a scientifically
valid method of random number generation. The method will consist of computer baseâ
random number generation which will match with individual's Social Security numbers. All
employees willl1ave an equal possibHity of being selected on each occasion that
selections are made. Hence, some employees will be required to take more than one test
during a year, while others will not be tested at all during a year.
Post-Accident Testing - Federal Transit Administration policy requires post-accident
testing if employees are involved in an accident with a Oshkosh TransIt vehicle that results
in:
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AA f~tadl!tY.d I ff. b d'i . . d ... d. td' I t t t
n In IVI ua su errng 0 I Y Injury an receiving Imme la e me Ica rea men.
The transit vehicle or any vehicle Involved in the accident is towed OR the transit
vehicle is removed from service as a result of disabling damage incurred in the
accident.
The employee will report tho e accident to their supervisor immediately. If no supervisor is
on duty, supervisors will be contacted according to the Supervisor Call-out Schedule. .
Failure to contact a supervisor when post a.ccident testing is required or refusing to take
a drug/alcohol test will result in an employee's termination. Between the time the
employee is involved in the accident until the after the drug time testing occurs the
employee is to refrain from alcohol use for no less than eight hours and remain available
for drug and alcohol testing.
The employee upon direction of the supervisor shall report to the drug/alcohol testing site.
The alcohol test shall take 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.
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VII.
A.
1;.
Return to Duty/Follow-up Testing - An employee who tests Qositive on a Drug or alcohol
test will be required to take another drug and alcohol test before returning to .work. The
employee wil,! 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 random drug tests in the following twelve
months, wnich 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 ordrugs 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.
DRUG TESTING PROCEDURES
OVERVIEW
The City of Oshkosh has entered into an alcohol and drug testing agreement with the
Occupational Health Systems at Mercy Oakwood/Mercy Medical Center (hereafter known as OHS
and MMC). Drug testing will normally be 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
Ad min istration:
1. Tetrahydrocannabinol (marijuana)
2. Cocaine (or crack)
3. Amphetamines (uppers, speed)
4. Opiates (including heroin)
5. Phencyclidine (PCP)
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 FT A 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
co':'!trolled substance, the employee has three options. First, the employee can request that the
split sample be sent to a separate lab for retest. S.econd, the employee can reqLJest 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 split 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 basi~. If the. r~~est is also positiye, the test results will be deemed positive. If the retest fails
to reconfIrm the inItial test, the test IS canceled. .
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'i'
THE DRUG SITE TESTING PROCEDURE
The current drug testing collection sites are either Mercy Oakwood or Mercy Medical Center.
Testing procedures at tliese sites will be in accordance with FTA guidelines. The employee is to
cooperate with all personnel at the collection site. Failure to fully cooperate with collection site
personnel will be deemed as a refusal to take. the drug test. Attempts to adulterate the test by the
employee will also constitute refusal to take the test. The following procedures will occur when
the employee is required to take a drug test. A supervisor may accompany an employee to the
test site and ensure .that the collection process has begun before leaving.
1. The employee needs to provide positive photo identification upon entering the drug
testing site.
The employee will follow all instructions and sign all documents and materials
specified by collection site personnel. Refusal to sign all appropriate materials will
constitute refusal to take the drug test. The employee will provide all information
concerning valid prescription medications they are currently using.
An employee is required to provide 45 ml (milliliters) of urine in a designated
bathroom under conditio'ns specified by collectIon site personnel and in accordance
with Federal Transit Administration regulations. When an employee cannot provide
a sample to at least 45-ml, the collection site technician will instruct him/her to drink
not more than 40 ounces during a period of up to three hours. The employee will
retry using a fresh collection container. If the employee remains unable to Qrovide
an adequate sample, the inadequate sample(s) sha1l be discarded. The MRO will
refer the employee for a medical evaluation to determine whether the individual's
inability to provide a sample is genuine. If the individual's inability is genuine, the
test will be discontinued. A medical evaluation that determines that the employee's
inability to provide a sufficient urine sample is not genuine, will constitute a refusal
by the employee to submit to a mandated drug test. '
An employee will not be able to perform a safety-sensitive function if a primary
specimen sample is positive for controlled substances pending the results of the
split sample test. Tney will be removed from safety-sensitive auties pending the
results of the split sample test.
Following completion of the test, the employee shall follow instructions of the
supeNisor with respect to return to work procedures.
RESULTS OF A POSITIVE DRUG TEST
2.
3.
4.
5.
C.
This procedure applies only for the first positive alcohol or drug test within a thirty six-month
period. If a drug test is determined to be positive and the split test process has been completed
or waived, the following actions will occur.
1. The employee will be immediately removed from any safety-sensitive position
pending the determination of the Medical Review Officer regarding the drug test
results.
2.
The employee will be directed to meet with a Medical Review Officerto determine
if the positive test resulted from the authorized use of a controlled substance. If the
Medical Review Officer determines that the positive test result occurred as a result
of authorized use of a controlled substance, the results of the test will be cancelled.
A determination that the positive test result is not the result of an authorized use
of a controlled substance will fully validate the results of the positive test and further
action will proceed.
The e!11ployee will be subject to imr:nedia~e termination UNLES~ he/she agrees to
e. nter Into a last chance agreement Involving mandatory completIon of a Substance
Abuse Treatment Program as deemed appropriate for the individual by the
Substance Abuse Professional (SAP). A referral to the SAP will take place
regardless of disciplinary action brought against the employee.
3.
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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
retyrn to work. They will forward that written authori~ation to the Medical RevIew
OffIcer and the Oshkosh TransIt Drug/Alcohol CoordInator.
The employee will able to return to work after receipt br the employer and Medical
Review Officer of a negative drug and alcohol test resul 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 prescribed 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 use 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 vahd 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 treatment voluntarily 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
information 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
OccupatIonal Health Systems at Mercy Oakwood/Mercy Medical Center (hereafter known as OHS
and MM. C). Drug testing will normally be conducted tflrough the use of Evidential Breath Tests
(EBT) to determIne the presence of alcohol.
The Evidential Breath Testing device is capable of measuring an employee's blood alcohol
concentration. A qualified Breath Alcohol Technician (BAT) will administer the test. Identification
procedures wiH be the same for an alcohol test as they are for a drug test at OHS/MMC. The
employee wiH complete any forms fully and without modification. The Breath Alcohol Technician
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will qirect the employee through the procedures associated with peliorming the Evidential Brèpth "",
Testing. . -
If the initial test indicates a blood alcohol concentration of less than 0.02, no further testing will
occur. The test will be reported to the employer as negative. Initial test results indicating a blood
alcohol test of .02 or greater will require a confirmatory test. The confirmatory test will be
conducted no less than 15 minutes and hO more than 30 minutes following the initial alcohol test.
If the confirmatory test indicates a blood alcohol concentration of less than 0.02, the test will be
considered and reported to the employer as negative. Confirmatory test results of .04 or greater
will result in the employees removal from any safety-sensitive position.. It will also result in the
discipline and procedures associated with the verification of a positive drug or alcohol test result.
The Initial and confirmatory Evidential Breath Tests constitute complete verification of the validity
of the alcohol testing procedures.
If initial and confirmatory or confirmatof)' Evidential Breath Test results are between .02 and ;039,
the employee will be subject to discipline pursuant to "just cause". The employee, at minimum
will be placed on leave without pay and removed from their safety-sensitive position for a
minimum of 24 hours following administration of the test. They may be subject to additional
discipline up to arid including termination. If any employee has tested positive for alcohol or drugs
within the previous thirty-six months, an Evidential Breath Test that indicates a blood alcohol level
of .02 or over will result in disciplinary procedures up to and including termination.
B.
RESULTS OF A POSITIVE ALCOHOL TEST
This procedure applies only for the first positive alcohol or drug test within a thirty-six month
period. If a drug test is determined to be positive and the confirmation process has been
completed, the following actions will occur: .
1. The employee will be immediately removed from a safety-sensitive position.
2. The employee will be subject to immediate termination UNLESS he/she agrees to
enter info a last chance agreement involving mandatory completion of a Substance
Aouse Treatment Program as deemed appro~riate for the individual by the
Substance Abuse Professional. A referral to the SAP will take place regardless of
disciplinary action brought against the employee.
The Substance Abuse Professional will develop the appropriate treatment program.
The employee will be required to fully follow the deslgnafed 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 b'{ the employer and Medical
Review Officer of a negative drug and alcohol test resul 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. .
3.
4.
5.
x.
REFUSAL TO SUBMIT TO A TEST
The following behaviors are defined as constituting a refusal to submit to atest:
1. Refusal to take the test (verbal refusal or physical absence);
2. Inability to provide sufficient quantities of breath or urine to be tested without a valid
medical explanation; ..
Tampering with or attempting to adulterate the specimen or inteliere with the
collection procedure; .
Not reporting to the collection site in the time allotted;
Leaving the scene of an accident without a valid reason before the tests have been
conducted; or .
Failure to sign required testing forms for urine collection.
3.
4.
5.
6.
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XI.
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 tlie drug and alcohol program'
manager. Oshkosh Transit will not reveal these records or the identity of any employees partici-
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, andlor Program
Manager).
Oshkosh Transit may disclose information related to a test result to the decision-
maker in a lawsuit, grieva~ce, 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 otner 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.
Th~se. 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 incompliance 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 cfocument 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 will be with respect to the alcohol program and sixty
minutes will be for the drug program.
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APPENDIX A
SAFETY SENSITIVE POSITIONS
COVERED UNDER FT A
DRUG AND ALCOHOL REGULATIONS
OSHKOSH TRANSIT EMPLOYEES
A. DRIVERS (FULL-TIME)
B. DRIVERS (PART-TIME)
C. MECHANICS
D. SERVICE TECHNICIAN
E. MECHANIC/OPERATORS
F. ADMINISTRATIVE SECRETARY
G. MAINTENANCE SUPERVISOR
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-RIDE
2 CABULANCE
3 RURAL OVER 60
4 RURAL UNDER 60
5 ADVOCAP
6 ANY FUTURE FEDERALLY FUNDED OSHKOSH TRANSIT BID
BUS DRIVER(S) FOR ZION ELDERCARE
DISPATCHERS FOR ZION ELDERCARE
KOBUSSEN BUSES, LTD. DRIVERS, MECHANICS AND DISPATCHERS
LAKESIDE PACKAGING PLUS, INC. DRIVERS, MECHANICS AND
DISPATCHERS.
ANY FUTURE EMPLOYEES OR VOLUNTEERS WHO PERFORM A SAFETY
SENSITIVE FUNCTION AS DEFINED BY FTAUNDER CONTRACT TO OSHKOSH
TRANSIT.
B.
C.
D.
E.
F.
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APPENDIX B
POLICIES CONCERNING EMPLOYEES WITH BUSINESSES THAT CONTRACT WITH
OSHKOSH TRANSIT
Federal Transit Administration guidelinês require that all companies that contract with Oshkosh
Transit have all persons who peiiorm safety-sensitive functions undergo drug and alcohol testing
procedures outlined in the policy manual.
The Contractor will be required to be included with Oshkosh Transit in their drug and alcohol
testing program. This program will include all employees of Oshkosh Transit, and all safety-
sensitIve employees of companies that provided contracted transit and paratransit services for
Oshkosh Transit. Safety-sensitive employees include all employees who drive, repair or dispatch
transit and/or paratransit vehicles. The Federal Transit Administration mandated drug and alcohol
testing program will be effective January 1, 1996 for Oshkosh Transit. '
Oshkosh Transit will provide all training assoCiated with this program. A new employee or an
employee who becomes involved in a safety-sensitive functIon after January 1, 1996 will be
required to take a pre-employment drug test and undergo Oshkosh Transit arug and alcohol
training before beginning their safety-sensitive duties. Oshkosh Transit will communicate the time
and date that safety-sensitive employees are required to take drug and alcohol tests. All
individuals who are i,!strycted to take a drug test must do so at the t.irt:'e, date and location indicat-
ed. Oshkosh Transit will pay the cost of: drug and alcohol traInIng, pre-employment tests,
suspicion testing, post-accident testing and random testing. The cost of split drug tests will be in
accordance witl1 the written policy of Oshkosh Transit. '
Safety-sensitive personnel of the Contractor who test positive for either drugs or alcohol, when
that positive test is verified by the Medical Review Officer will be removea from their safety-
sensitive position. They will be prohibited from working in any safety-sensitive paratransit position
that contracts with Oshkosh Transit. The Contractor will be required to provide Oshkosh Transit
a list of all new safety-sensitive and non safety-sensitive employees on a quarterly basis. A list
of all employees will be provided on an annual basis. The initial list needs to be submitted to
Oshkosh Transit no later than October 28, 1995. It will include the employee's name, position,
social security number, and indicate if that is a safety-sensitive employee. Subsequent lists will
be updated monthly for the term of the contract. The Contractor will also promptly provide upon
request any additional employee information necessary 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 accept or reject any changes to the existing drug
and alcohol policy. Contractor's can set up their own drug ana alcohol program. Contractors must
submit a letter no later than December 15 of each year certifying that they have set up a program
which complies with FT A regulations for the following calen,dar year. Oshkosh Transit will not pay
the Contractor any of its costs if it opts for a separate program.
11
1 f ,
APPENDIX B
4)
E.
-,- - - -'--'.--~--- n___-
SUPPLEMENT. FEDERAL REGULATIONS
A. Buy America ($100,000 threshold)
The contractor agrees to comply with 49 U. S. C. 5323 CD and 49 CFR Part 661, which provide that Federal
funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are
produced in the United States, unless a waiver has been granted by FT A or the product is subject to a general
waiver. General waivers are listed in 49 CFR 661.7, and include final assembly in the United States for 15
passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment,
software, and small purchases (currently less than $100,000) made with capital, operating, or planning funds.
Separate requirements for rolling stock are set out at 53230)(j)(2)(C) and 49 CFR 661.1 1. Rolling stock not
subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content.
A bidder/proposer or offeror must submit to the FT A recipient the appropriate Buy America certification with
all bids on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not
accompanied by a completed Buy America certification must be rejected as non,;,responsive. This requirement
does not apply to lower tier subcontractors. '
B. Energy Conservation
The recipient agrees that it will comply with 42 USC § 6321 et seq. and 49 CFR Part 18; u.S. Department of
Transportation regulations relating to energy'conservation. '
C. Clean Water ($ 100,000 'threshold)
The recipient agrees that it will comply with U.S. Department of Transportation regulations relating to the
Federal Water Pollution Control Act, as amended, 33 US.c. § 1251 et seq.
D. Bus Testing
The contractor [manufacturer] agrees to comply with 49 U S. C., Section 5323(c) and FTA's implementing
regulation at 49 CFR Part 665 and shall perform the following:
1)
A manufacturer of a new bus model or a bus produced with a major change in components or
configuration shall provide a copy of the final test report to the recipient at a point in the procurement
process specified by the recipient which will be prior to the recipient's final acceptance of the first
vehicle.
2)
A manufacturer who releases a report under paragraph I above shall provide notice to the operator of the
testing facility that the report is available to the public.
3)
If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have
the identical configuration and major components as the vehicle in the test report, which must be
provided to the recipient prior to recipient's fmal acceptance of the first vehicle. If the configuration or
components are not identical, the manufacturer shall provide a description of the change and the
manufacturer's basis for concluding that it is not a major change requiring additional testing.
If the ,manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service
in the United States before October 1, 1988, and is currently being produced without a major change in
configuration or components), the manufacturer shall provide the name and address of the recipient of
such a vehicle and the details of that vehicle's configuration and major components.
Charter Bus and School Bus Requirements
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The recipient agrees it will not engage in charter or sightseeing services provided with FT A funded equipment
or facilities, except in compliance with 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.
F. Access to Records and Reports
It is the policy of the Department to maintain an open and public process in the solicitation, submission, review,
and approval of procurement activities related to this contract. Bid/proposal openings are public unless
otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent
to award or the award of the contract. .
G. Federal Changes
The recipient agrees that it will comply with 49 CFR Part 18; u.S. Department of Transportation regulations
relating to applicable FTA regulations, policies, procedures, and directives, including those directly listed or
included by reference in Fonn FTAMA (7) dated October, 2000, as they may be amended or promulgated from
time to time. during the time of this Contract. Recipient's failure to so comply shall constitute a material break
of this Contract.
H. Lobbying Restrictions ($100,000 threshold)
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 approprîáted 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 Fonn-LLL, "Disclosure Fonn 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and
cooperative agreements) and ~hat all subrecipients shall certify 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 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 fonn 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.
1. Recycled Products
The Recipient agrees that is will comply with 42 USC § 6962et seq., 40CFR Part 247, and Executive Order
12873; U.s. Department of Transportation regulations relating to recycling products. This requirement applies
to all contracts designated by the EP A, when the purchaser or contractor procures $10,000 or more of such items
in fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000, using
federal funds.
J. No Government Obligation to Third Parties
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The Recipient agrees that it will comply with the U.S. Department of Transportation regulations relating to
contractual liability of the Federal Government to third parties as follows:
The Recipient and contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation ,or award of the underlying contract, absent the express consent by
the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Recipient, contractor, or any other party (whether or not party to that contract)
pertaining to any matter resulting from the underlying contract.
The Recipient agrees to include the above clause in each subcontract financed.in whole or in part with Federal
assistance provided by FT A. It is further agreed that the clause shall not be modified, except to identify the
subcontractor who will be subject to its provisions.
K.
Program Fraud and False or Fraudulent Statements or Related Acts.
1. The Recipient acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 u.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R
Part 31, apply to its actions pertaining to the, project. Upon execution ofthe underlying contract, the
Recipient certifies or affIrms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this
contract work is being perfol111ed. In addition to other penalties that maybe applicable, the Recipient'
further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification, the Federal Government reserves tb.e right to impose the penalties of
the Program Fraud Civil Remedies Act of 1986 on the recipient to the extent the federal government deems
appropriate. .
2. The recipient also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent'
claim, statement, submission, or certification to the federal government under a contract connected with a
project that is financed in whole or in part with federal assistance originally awarded'by FTA under the
authority of 49 U. S. C. § 5307, the government reserves the right to impose the penalties of 18 u.S.C. §
1001 and 49 u.S. C. § 5307(n)(1) on the 90ntractor, to the extent the federal government deems appropriate.
3. The Recipient agrees to include the above two clauses in each subcontract financed in whole or in part with
. Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to
identify the subcontractor who will be subject to the provisions.
1. mcofPoration of Federal Transit Administration,(FTA) Tel111s
All contractùal provisions required by u.s. DOT, as set forth in FTA Circular 4220.1D dated April 15,1996 Or
àny subsequent amendments, are hereby incorporated by reference. Anything to the contrary herein
notwithstanding, all FT A mandated tel111S shall be deemed to control in the event of a conflict with other
provisions contained in this agreement. The Recipient shall not perfol111 any act, fail to perfol111 any act, or
refuse to comply with any WisDOT requests which would cause WisDOT to be in violation of the FTA tel111S
. and conditions. .
M. Government-wide Debarment and 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 suspended or debalTed 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 ordebalTed contractors and that it will require their contracts (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 tel111S "lower tier covered participant" and "lower
tier covered transaction" include both contractors and subcontractors and contracts and subcontracts over
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$100,000. The certification and instruction language is contained at 29 CFR Part 29, Appendix B, and must be
included in IFB's and 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.
N. Pre-Award and Post-Deliverv Audit Requirements ($100,000 threshold)
The contractor agrees to comply with 49 D. S. C. 5323 (1) and FTA's implementing regulation at 49 C.F.R. Part
663 and to submit the following certifications:
(1) BuyAmerica Requirements: The contractor shall complete and submit a declaration certifying either
compliance or noncompliance with Buy America. lfthe bidder/offeror certifies compliance with Buy America,
it shall submit documentation which lists 1) component and subcomponent parts of the rolling stock to be
purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the
final assembly point for the rolling stock, including a description of the activities that will take place at the final-
assembly point and the cost of final assembly.
(2) Solicitation Specification Requirements: The contractor shall submit evidence that it will be capable
of meeting the bid specifications.
(3) Federal Motor Vehicle Safety Standards (FMVSS):The contractor shall submit 1) manufacturer's
FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2) -
manufacturer's certified statement that the contracted vehicles will not be subject to FMVSS regulations.
The required pre-award and post-delivery audit forms are included in Appendix D. These forms are required as
part of the overall procurement process, and the selected bidder/proposer must complete these forms in order to
meet WisDOT requirements
O. Civil Rights
The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI ofthe Civil Rights Act, as amended, 42 US.C. § 2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 US.C. § 6102, section 202 of the
Americans with Disabilities Act of 1990, 42 D.S.C. § 12132, and federal transit law at 49 D.S.C. § 5332, the
contractor agrees that it will not discriminate against any employee or applicant for employment because of
race, color, creed, national origin, sex, age, or disability. In addition, the contractor agrees to comply with
applicable Federal implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the
underlying contract: -
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII ofthe Civil Rights Act, as amended,
42 D.S.C. § 2000e, and Federal transit laws at 49 US.c. § 5332, the contractor agrees to comply with all
applicable equal employment opportunity requirements of US. 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 ~ ., (which implement Executive Order No. 11246, "Eqùal Employment Opportunity," as
amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 D.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations,
and federal policies that may in the future affect construction activities undertaken in the course of the Project.
The 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 action
, shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. In addition, the contractor agrees to comply with any implementing
requirements FT A may issue.
(b)Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29
. US.C. § 623 and Federal transit law at 49 D.S.C. § 5332, the contractor agrees to refrain from discrimination
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against present and prospective employees for reason of age. In addition, the contractor agrees to comply with
any implementing requirements FTA may issue. .
(c) Disabilities - In accordance with section 102 of the Americans with Disabìlities Act, as amended, 42 US.C.
§ 12112, the contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity
Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities
Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the contractor
agrees to comply with any implementing requirements FTA may issue.
(3) The 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.
P. Breaches and Dispute Resolution ($100,000 threshold)
(1) Disputes - Disputes arising in the performance of this contract which are not resolved by agreement of
the parties shall be decided in. writing by the authorized representative of (recipient)'s [title of employee]. This
decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the
contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such
appeal, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its
position. The decision of the [title of employee] shall be binding upon the contractor and the contractor shall
abide be the decision.
(2) Performance During Dispute - Unless otherwise directed by (recipient), contractor shall continue
performance under this contract while matters in dispute are being resolved.
(3) Claims for Damages - Should either party to the contract suffer injury or damage to person or property
because of any actor omission of the party or of any of his employees, agents or others for whose acts he is
legalIy liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time
after the first observance of such injury of damage.
(4) Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other
matters in question between the (recipient) and the contractor arising out of or relating to this agreement or its
breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within
the State in which the (recipient) is located.
(5) Rights and Remedies - The duties and obligations imposed by the contract documents and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights
and remedies otherwise imposed or available by law. No action or failure to act by the (recipient), (architect) or
contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any
such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may
be specifically agreed in writing.
Q. 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 alI contracts. .
The folIowing requirements apply to the Recipient and its employees that administer any system of records on
behalf of the Federal Government under any contract:
(1) The Recipient agrees to comply with, and assures the compliance of its employees with, the information
restrictions 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 ofthat Act, apply to
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those individuals involved, and that failure to comply with the terms of the Privacy Act may result in
termination of the underlying contract.
R. Transit Employee Protective Agreements
The Recipient agrees that as a condition to receiving federal financial assistance from the Department of
Transportation, as authorized under Section 5311 of the Federàl TransitAct, it will comply with the terms and
conditions of the Special Section 5333(b) Warranty 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
terms and conditions of the Warranty.
S. Disadvantaged Business Enterprise (DB E)
(1) Policy. It is the policy of the u.s. Department of Transportation that disadvantaged business enterprises as
defined in 49 CFR Part 26 shall have the opportunity to participate in the performance of contracts financed
in whole or in part with Federal funds under this Agreement. Consequently, the DBE requirements of 49
CFR Part 26 apply to this Agreement.
(2) DBE Obligation: The Recipient or its contractor agrees to ensure that disadvantaged business enterprises as
derIDed in 49 CFR Part 26 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 Part 26
to ensure nondiscrimination in the award and administration of all contracts and sub agreements supported
with Federal assistance from the U.S. D.O.T.
> T. Drug & Alcohol Testing
The Recipient hereby assures and certifies that it will comply with all requirements of 49 CFR Part 655;
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 CFT Part 655; u.S. Department of Transportatiòn
regulations relating to establishment and implementation of an anti-drug program.
U. Termination
(1) The Department may terminate this Contract at any time that the Secretary determines 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 terms and
conditions of its grant application and/or the provisions of this Contract shall be considered cause for
termination.
(2) The Recipient may terminate this Contract if so directed so by appropriate local government bodies for
whatever reason such request to terminate is made.
(3) Both parties agree that notice of intent to terminate the contract shall be made in writing through "retum-
receipt certified mail", at least 30 calendar days prior to the proposed termination date.
(4) 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.