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CONTRACT FOR PARATRANSIT SERVICES
BETWEEN THE CITY OF OSHKOSH
-.
OJHKOJH
ON THE WATER
AND THE OSHKOSH CITY CAB COMPANY
EFFECTIVE JANUARY 1, 2001-
DECEMBER 31,2011
This Agreement made and entered into this _ day of , 2006 by
and between the City of Oshkosh and Oshkosh Cab Company, Inc. whose principal
place of business is 2723 Harrison Street, Oshkosh, Wisconsin, 54901, 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, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act (ADA) of 1990 and supporting regulations require that mass transit
operators receiving FT A funds make satisfactory efforts to meet the transportation
needs of disabled/handicapped persons residing in the urban transit service areas; and
WHEREAS, the City desires to engage a contractor to provide paratransit
services, and the Contractor is willing to provide paratransit service under the terms and
conditions set forth;
NOW THEREFORE, the City and the Contractor agree to the following:
1. GENERAL DESCRIPTIONS AND BOUNDARIES
A) It is agreed that the Contractor will provide transportation services, hereinafter
referred to as either "Dial-a-Ride" and/or "ADAlDial-a-Ride", at a reduced rate of
cost to elderly citizens (elderly defined as those individuals age 60 and over) in
Oshkosh and to disabled citizens regardless of age who qualify for these proglrams
and have the appropriate card for services.
B) That the Contractor under this contract will transport eligible patrons under the
Dial-A-Ride and ADA/Dial-A-Ride programs within the corporate limits of the City of
Oshkosh. This shall include any areas annexed to the City of Oshkosh during the
term of this contract.
C) All rides within the City of Oshkosh will be billed at a uniform rate. There are no
geographic zones in this contract.
2. DEFINITIONS
1
A) Dial-A-Ride shall refer to the paratransit program that serves senior residents of
Oshkosh (60 years and over) and qualified disabled individuals 24 hours a
day/seven days a week. Individuals will require a Dial-A-Ride card to use the
service. Dial-A-Ride service also includes riders with an ADA card between 6: 15
PM and 6: 15 AM, Monday through Saturday, Sundays and holidays.
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B) ADAlDial-A-Ride refers to the Oshkosh taxicab paratransit program that is
designed for riders who are unable to use the Oshkosh Transit System. ADA
cards are valid for service between 6:15 AM and 6:15 PM Monday through
Saturday (except holidays).
C) Holidays are considered: New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving and Christmas. If New Year's Day, Independence Day or
Christmas falls on a Sunday, the day designated by the City shall be considered
the holiday.
3. ARRANGING TRANSPORTATION AND PASSENGER SERVICE
A) Eligible patrons shall call a specified telephone number maintained by the
Contractor to arrange for service. Such service will be scheduled by the
Contractor.
B) Upon reaching the specified number, the patron will give his/her phone
number, name, address, the number of passengers involved, the approximate time
he wants the transportation, destination, and return time.
C) Patrons shall be advised to call for service as far in advance as possible.
D) Dial-a-Ride services shall be available twenty-four (24) hours a day, seven (7) days
a week. ADA/Dial-a-Ride shall be in operation between 6:15 AM and 6:151 PM,
Monday through Saturday (except holidays). ADA/Dial-a-ride card users may
arrange rides at the Dial-a-Ride rate during hours that ADA/Dial-a-ride is not in
service.
E) It is further agreed that eligible patrons shall be permitted to place a scheduled
pick-up request. For example, if a patron desires to be picked up at the same time
every morning to be taken to work, or in the evening from work to home, the
request will automatically be repeated without the need to place a phone call each
time.
F) Eligible patrons requesting Dial-A-Ride services, including scheduled pick-up
requests, shall receive transportation within a reasonable period oftime, that being
within 15 minutes of a previously scheduled pick-up time, or 45 minutes of a "will
call" trip. Failure to meet this standard shall be reported to the Oshkosh Transit
System monthly.
G) Said services may.be on a shared basis. If the Contractor receives additional
call(s) for pick-up of this nature in the vicinity of the first call, or near the route of
patrons in the vehicle, the vehicle may deviate, depending on the circumstances,
from the most direct route to pick-up the additional passenger(s).
H) The Contractor will take all possible precautions to avoid any undue delay of any
patrons, either at point of pick-up or in route.
I) 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.. The
Oshkosh Transit Drug and Alcohol Testing Policy (which is designed to comply
with Federal Transit Administration guidelines) is included in this contract. (See
Appendix B)
. J) 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.
4. SERVICE STANDARDS
Oshkosh Transit wishes to ensure that program users receive quality transit service. Service will
be delivered in a timely manner. The Contractor will ensure that all personnel treat program
users with dignity and courtesy.
Complaints should be forwarded to Oshkosh Transit immediately. 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
the Oshkosh Transit System of the complaint and reasons for the impasse. Complaints received
by Oshkosh Transit will be promptly communicated to the Contractor for rapid resolution.
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. The Oshkosh Transit System is dedicated to
. .
maintaining that high level of user satisfaction.
I
If one of the following measures shows a substantial decline in comparison to previous user
survey, Oshkosh Transit will work with the Contractor to correct the situation:
1) Satisfaction with service timeliness should fall below 85%.
2) Satisfaction with dispatcher courtesy should fall below 85%.
3) Satisfaction with driver courtesy should fall below 85%.
4) 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.
Oshkosh Transit will monitor the Contractor for on-time pick-ups and trip denials. The following
service standards and monitoring procedures are required:
1) 90% of all previously scheduled pick-ups should be on time (within 15 minutes).
2) 90% of all "will call" trips should be within 45 minutes.
3) Trip denials, including when a pick-up is over 1 hour either way of the
requested time, shall be monitored and reported monthly to Oshkosh Transit.
The Contractor will be required to improve the situation within a period of 120 days. Failure of
the Contractor to improve user satisfaction and/or service standards may result in termination of
the contract due to inadequate customer service.
5. VEHICLE SPECIFICATIONS
A) Vehicles shall be conventional four-door sedans equipped as taxicabs and
inspected annually by the Oshkosh Police Department.
B) Vehicles shall be adequately maintained to protect the safety of the patrons and
promote cleanliness.
6. FARES AND ELIGIBILITY REQUIREMENTS FOR SERVICE
A) Fares for ADA/Dial A Ride service will be $1.00. This fare is subject to changB.
B) Dial-a-Ride eligible patrons will be charged $4.00 per person per one-way ride in
2007. The total charge for a one-way ride for an extra passenger leaving and going
to the same destination will be ONE DOLLAR AND 00/100 ($1.00).
C) ADA eligible patrons will display a "Certificate of Eligibility for ADA-Reduced Fare
Service" card. Patrons displaying this card and receiving transportation between
6:00 AM and 6:00 PM during all days that The Oshkosh Transit System operates,
onlv, will be charged ONE DOLLAR AND 00/100 ($1.00) PER PERSON PER
ONE-WAY RIDE. This card will be valid foruse during hours that Oshkosh Transit
does not operate. The cost per trip for ADA riders during those times is $4.00. All
fares are subject to change during the term of this contract.
7. BUDGET COSTS AND METHOD OF COMPENSATION
A) Monies have been granted by the Oshkosh Transit System and the Winnebago
County Commission on Aging for the delivery of these services. Federal Transit
Administration (FTA) and Wisconsin Department of Transportation (WisDOT)
funds are also utilized to allow the provision of these services.
B) The cash fares paid by the program's patron 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 cost of all trips during that month.
C) Each requested trip is considered a one-way trip. Each stopover will require an
additional fare. The Contractor will submit trip records for only trips actually
provided.
D) Each trip will require a separate trip record with the following information:
1 ) Date
2) Passenger Name/ADA or Dial-a-Ride Number
3) Passenger Address
4) Scheduled Pick-Up Time
5) Pick-up and Drop-off Time
6) Pick-up and Drop-off Mileage
7) Pick-up and Drop-off Location
Invoices and trip records shall be forwarded within ten (10) days after the end of each month to:
The Oshkosh Transit System
926 Dempsey Trail
Oshkosh,VVI 54902
E) Upon City audit and verification of the monthly invoice and trip records, the
approved invoiced amounts will be paid to the Contractor within 20 business days.
An independent audit firm hired by the City will conduct a year-end financial audit.
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 Dial-A-Ride program 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.
8) INFORMATION AND REPORTS
A) Trip Data and Mileage Info: The City is required by FTA to collect mileage and trip
data. The Contractor will be required to assist the City in the periodic collection of
such data.
B) Employee Information: The Contractor shall provide the City with a list of all
personnel who will perform service under this agreement. The Contractor may add
or delete personnel to this list upon written notice to the City.
C) Vehicle Information: The Contractor shall provide the City with a list of all vehicles
that will be used to carry out service under this agreement. The Contractor may
add or delete vehicles to this list upon written notice to the City.
D) Financial Data: The Contractor shall provide the City with detailed financial data
of its Dial-A-Ride/ADA service and its Dial-A-Ride service. Data provided will
separate costs and revenues between ADA and non-ADA services.
E) Maintenance/Energy Usage Data: The Contractor shall provide maintenance
information and energy consumption data.
F) Trip denials, including when a pick-up is over 1 hour either way of the requested
time, shall be monitored and reported to Oshkosh Transit on a monthly basis.
9. PERMITS AND LICENSES
The Contractor must be licensed by the City of Oshkosh to provide taxi 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.
Contractor shall pay for required permits and its license in its operation of said service.
10. INSURANCE AND FINANCIAL RESPONSIBILITY
A) The Contractor agrees to, and does hereby, hold the City harmless and does
hereby indemnify the City against any and all claims or demands of any person
arising by reason of the Contractor's operating of said service.
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.
C) 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 minimum
amount of insurance shall be:
$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 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 Contractor or its insurancEl
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.
11. PROMOTION AND PUBLICITY
Any promotion or publicity which the City desires concerning this service shall be provided by the
City or other persons authorized by the City, with the Contractor being under no obligation to
expend monies for such promotion or publicity. Any advertising, which includes but is not limited
to signs, newspaper ads or articles, radio announcements, etc., proposed by the Contractor for
said service shall be approved by the City.
12. DURATION OF CONTRACT
The duration of this contract shall be from January 1,2007 through December 31,2011.
13. 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 immediately and 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 forty-eight (48) hours
of receipt of the claim.
14. CHANGES TO THE AGREEMENT
I
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.
15. 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. Upon receipt of written notice or
termination, all deliveries of service and other 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.
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 the 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. 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. The Contractor will provide procurement information to
the Oshkosh Transit System on a monthly basis.
20. DRUG AND ALCOHOL TESTING
Effective January 1, 1996, Oshkosh Transit is required to implement 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 (Appendix B) 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.
Oshkosh Transit will provide all training associated with th,is program. A new employee lOr an
employee who becomes involved in a safety-sensitive function will be required to take 81 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. The initial list needs to be submittHd to
Oshkosh Transit no later than December 15, 2006. It will include the official or em~loyee'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.
21. STATE & FEDERAL REGULATIONS/FEDERALLY REQUIRED CLAUSES
This agreement shall at all times be subject to the rules and regulations of WisDOT and FTA,
under the provisions of the Urban Mass Transportation Act of 1964, as amended. (See Appendix
A)
22. MISCELLANEOUS
I
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.
CITY OF OSHKOSH
<7//1 ~
Richard AWollangk
City Manager
Pamela A Ubrig
City Clerk
APPROVED BY:
~ City Attor~ey
OSHKOSH CITY CAB CO., INC.
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Donald K. Davies
Owner
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Witness
I hereby certify that the necessary provisions
have been made to pay the liability which will
accrue under this contract.
tG 'c)~ I( l<.12/
Edward A Nokes
Director of Finance
COST SCHEDULE '
The per one-way ride cost for all Dial-A-Ride service trips shall be the following:
January 1 - December 31, 2007 - $8.00
APPENDIX A
FEDERALLY REQUIRED CONTRACT CLAUSES
To be included in thirdpartv transit contracts
(Updated 11/02/2004)
1. Charter and School Bus Restriction
The Recipient agrees that it will not engage in charter or sightseeing services 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.
2. Energy Conservation
The Recipient agrees to comply with the mandatory energy efficiency standards and policies
within the applicable State energy conservation plans issued in compliance with the Energy
Policy and Conservation Act, 42 V.S.C. 996321 et seq.
3; Clean Water
The Recipient agrees that it will comply with V.S. Department of Transportation regulations
relating to the Federal Water Pollution Control Act, as amended, 33 VSC S 1251 et seq. In
addition:
(a) The Recipient agrees to protect underground sources of drinking water consistent with
the provisions ?fthe Safe Drinking Water Act of 1974, as amended, 42 V.S.C. 99 300f et
seq.
(b) The Recipient agrees to comply with the notification of violating facility requirements
of Executive Order No. 11738, "Administration of the Clean Air Act and the Federal
Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42
V.S.C. 9 7606 note.
4. Lobbying Certification
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 eII#ployee 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
cooperative agreements) and that 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 a
. prerequisite for making or entering into this transaction, as imposed by 31 U.S.C. 1352. Any
person who makes a prohibited expenditure or fails to file or amend a required certification or
disclosure form 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. Public Records Access
It is the policy ofthe 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.
The Recipient agrees to require its third party contractors and third party subcontractors at as
many tiers of the Project as required to provide to the U.S. Secretary of Transportation and the
Comptroller General ofthe United States, or their duly authorized representatives, access to all
third party records as requested to conduct audits and inspections related to any third party
contract that have not been awarded on the basis of competitive bidding for a capital or .
improvement Project, as required by 49 U.S.C. S 5325(a). The Recipient further agrees to require
its third party contractors and third party subcontractors at as many tiers of the Project as required
to provide sufficient access to third party procurement records as needed for compliance with
Federal regulations or to assure proper Project management as determined by FTA.
6. Federal Changes
The Recipient agrees that it will comply with 49 CFR Part 18; U.S. Department of
Transportation regulations relating to applicable FT A regulations, policies, procedures, and
directives, including those directly listed or included by reference in Form FTA MA (6) dated
October, 1999, as they may be amended or promulgated from time to time during the term of this
Contract. Recipient's failure to so comply shall constitute a material breach of this Contract.
7. Clean Air
This requirement applies to all contracts exceeding $100,000, including indefinite quantities
where the amount is expected to exceed $100,000 in any year._ The Recipient agrees to comply
with all applicable regulations, standards, orders, and requirements implementing the Clean Air
Act, as amended, 42 V.S.C. SS 7401 et seq. In addition:
(a) The Recipient agrees to comply with the applicable requirements ofthe U.S. EP A
regulations, "Conformity to State or Federal Implementation Plans of Transportation
Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.c. or
the Federal Transit Act," 40 C.F.R. Part 51, Subpart T;and "Determining Conformity of
Federal Actions to State or Federal Implementation Plans," 40 C.F.R. Part 93. To support
the requisite air quality conformity finding for the Project, the Recipient agrees to
implement each air quality mitigation or control measure incorporated in the Project. The
Recipient further agrees that any Project identified in an applicable State Implementation
Plan as a Transportation Control Measure will be wholly consistent with the design
concept and scope of the Project described in the State Implementation Plan.
(b) U.S. EP A also imposes requirements implementing the Clean Air Act, as amended,
that may apply to transit operators, particularly operators of large transit bus fleets.
Accordingly, the Recipient agrees to comply with the following U.S. EP A regulations to
the extent they are applicable to the Project: "Control of Air Pollution from Motor
Vehicles and Motor Vehicle Engines," 40 C.F.R. Part 85; "Control of Air Pollution from
New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines:
Certification and Test Procedures," 40 C.F.R. Part 86; and "Fuel Economy of Motor
Vehicles," 40 C.F.R. Part 600.
(c) The Recipient agrees to comply with the notification of violating facility requirements
of Executive Order No. 11738, "Administration of the Clean Air Act and the Federal
Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42
U.S.C. 9 7606 note.
8. Recycled Products
The Recipient agrees that it will comply with 42 USC 9 6962 et seq., 40 CFR Part 247, and
Executive Order 12873; U.S. Department of Transportation regulations relating to recycled
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 a fiscal year, or when the cost of such items
purchasedduringthe previous fiscal year was $10,000, using federal funds.
9. No Government Obligation to Third Parties
The Recipient agrees that it will comply the U.S. Department of Transportation regulations
relating to contractual liability of the Federal Government to third parties as follows:
A. The Recipient and contractor acknowledge and , agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation oraward 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.
B. The Recipient agrees to include the above clause in each subcontract financed in whole or
in part with Federal assistance provided by FTA. It is further agreed that the clause shall
not be modified, except to identify the subcontractor who will be subject to its provisions.
10. Program Fraud and False or Fraudulent Statements and Related Acts
A. The Recipient acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 USC 9 3801 et seq. and U.S. DOT regulations, "Program
Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project.
Upon execution of the 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 performed. In addition to other penalties that may be
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 the right to impose the penalties of the Program Fraud Civil
Remedies Actof 1986 on the Recipient to the extent the Federal Government deems
appropriate.
B. The Recipient also acknowledges that ifit 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 FT A under the authority of 49 USC 9 5307, the
Government reserves the right to impose the penalties of i8 USC 9 1001 and 49 USC 9
5307(n)(l) on the Recipient, to the extent the Federal Government deems appropriate.
C. 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 subject to
the provisions.
11. Termination
A. 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.
B. The Recipient may terminate this Contract if so directed by their appropriate governing
body for whatever reason such request to terminate is made.
C. Both parties agree that notice ofintent 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. Upon termination of this Contract under the provisions of paragraphs A, B or C of this
Article, the Recipient agrees to dispose of the project facilities, equipment, and/or
rolling stock, in accordance with Wisconsin Department of Transportation
instructions.
12. Government Debarment and Suspension
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 $25,000 with suspended or debarred
contractors and that it will reqUire their contractors (and their subcontractors) to make the same
certification to it. Recipients are required to pass this requirement on to subcontractors seeking
subcontracts over $25,000. Thus the terms "lower tier covered participant" and "lower tier
covered transaction" include both contractors and subcontractors and contracts and subcontracts
over $25,000. The certification and instruction language is obtained 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 $25,000, regardless of the type of contract to be awarded.
13. Privacy Act
The recipient agrees to comply with, and assures the compliance of its employees with, the
information restrictions and other applicable requirements ofthe Privacy Act of 1974,5 USC 9
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 those individuals
involved, and that failure to comply with the terms of the Privacy Act may result in termination
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
The Recipient agrees that it will comply with Title VI of the Civil Rights Act of 1964 and all
U.S. Department of Transportation regulations relating to enforcement ofthat Act. The following
. specific requirements apply to this contract:
A. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
USC S 2000d, section 303 ofthe Age Discrimination Act of 1975, as amended, 42 USC 9
6102, section 202 of the Americans with Disabilities Act of 1990, 42 USC 9 12132, and
Federal transit law at 49 USC S 5332, the Recipient and contractor agree to not
discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the Recipient and contractor
agree to comply with applicable Federal implementing regulations and other
implementing requirements FTA may issue.
B. Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(1) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 USC S 2000e, and Federal transit laws at 49 USC 9 5332, the
Recipient and contractor agree to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office
of Federal Contract Compliance Programs, Equal Employment Opportunity, Department
of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246,
"Equal Employment Opportunity," as amended by Executive Order No. 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42
USC S 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 Recipient and contractor agree 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 payor other forms of compensation; and selection for training, includi1;1g
apprenticeship. In addition, the Recipient and contractor agrees to comply with any
implementing requirements FT A may issue.
(2) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 USC 9 623 and Federal transit law at 49 USC 9 5332, the Recipient
and contractor agree to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Recipient and contractor agree to comply
with any implementing requirements FT A may issue.
(3) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 USC S 12112, the Recipient agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions ofthe Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the
Recipient agrees to comply with any implementing requirements FTA may issue.
C. The Recipient 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.
15. Breaches and Dispute 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 terms, and provide for such sanctions and penalties as may be appropriate. This may
include provisions for bonding, penalties for late or inadequate performance, retained earnings,
liquidated damages or other appropriate measures.
Disputes arising in the performance of this contract that 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 from
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
of the Chief of Public Transit shall be binding and the Recipient will abide by the decision.
Unless otherwise directed, the Recipient shall continue performance under this contract while
matters in dispute are being resolved.
16. Labor Protection
The Recipient agrees to comply with applicable transit employee protective requirements, terms,
and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the
interests of employees employed under this contract and to meet the employee protective
requirements of 49 U.S.c. A5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any
amendments thereto.
17. Disadvantaged Business Enterprises
A. Policy. It is the policy of the U. S. Department of Transportation that disadvantaged
business enterprises (DBE) 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.
. ,B.
DBE Obligation. The Recipient or its contractor agrees to ensure that disadvantaged
business enterprises as defined 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 subagreements
supported with Federal assistance from the U.S. D.O.T.
18. Incorporation of Federal Transit Administration (FTA) Terms
All contractual provisions required by the USDOT, as set forth inFTA Circular 4220.1D, dated
April 15, 1996 or any subsequent amendments, are hereby incorporated by reference. Anything to
the contrary herein notwithstanding, all FT A mandated terms shall be deemed to control in the
event of a conflict with other provisions contained in this Agreement. The Recipient shall not
perform any act, fail to perform any act, or refuse to comply with any WisDOT requests that
would cause WisDOT to be in violation of the FTA terms and conditions.
19. Drug and Alcohol Testing
The Recipient agrees to comply with the following Federal substance abuse regulations:
a. Drug-Free Workplace. U.S. DOT regulations, "Drug-Free Workplace Requirements (Grants),"
49 C.F.R. Part 29, Subpart F, as modified by 41 U.S.C. SS 702 et seq.
b. Alcohol Misuse and Prohibited Drug Use. FTA regulations, "Prevention of Alcohol Misuse
.. and Prohibited Drug Use in Transit Operations," 49 CFR Part 655, to the extent applicable.
20. Intelligent Transportation System Program
The Recipient agrees that it will comply with all requirements of Section VII ofFTA Notice,
"FTA National ITS Architecture Policy on Transit Projects, "66 Fed. Reg. 1459, January 8,2001,
in the course of implementing an ITS proj ect. The applicant further agrees that it will comply,
and require its third party contractors and subrecipients to comply, with all applicable
requirements imposed by Section V (Regional ITS Architecture) and Section VI (project
Implementation) of that Notice.
21. Access Requirements for Persons with Disabilities
The Recipient agrees to comply with the requirements of 49 U.S.C. S 5301(d), which states the
Federal policy that elderly persons and persons with disabilities have the same right as other
persons to use mass transportation service and facilities, and that special efforts shall be made in
planning and designing those services and facilities to implement that policy. The Recipient also
agrees to comply with all applicable requirements of section 504 ofthe Rehabilitation Act of
1973, as amended, 29 US.C. S 794, which prohibits discrimination on the basis of handicaps,
with the Americans with Disabilities Actof 1990 (ADA), as amended, 42 U.S.C. SS 12101 et
seq., which requires that accessible facilities and services bemade available to persons with
disabilities, including any subsequent amendments to that Act, and with the Architectural
Barriers Act of 1968, as amended, 42 U.S.C. SS 4151 et seq., which requires that buildings and
public accommodations be accessible to persons with disabilities, including any subsequent
amendments to that Act. In addition, the Recipient agrees to comply with all applicable
requirements of the following regulations and any subsequent amendments thereto:
(1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49
C.F.R. Part 37;
(2) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27;
(3) Joint US. Architectural and Transportation Barriers Compliance Board (US. ATBCB)/U.S.
DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38;
(4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local
Government Services,r' 28 C.F.R. Part 35;
(5) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;
(6) U.S.. General Services Administration (US. GSA) regulations, "Accommodations for the
Physically Handicapped," 41 C.F.R. Subpart 101-19;
(7) 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;
(8) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services
and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R. Part
64, Subpart F; and
(9) U.S. ATBCB regulations, "Electronic and Information Technology Accessibility Standards,"
36 C.F.R. Part 1194; and
(10) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part
609;
(11) Any implementing requirements FT A may issue.
22. Notification of Federal Participation
To the extent required by law, in the announcement of any third party contract award for goods or
services (including construction services) having an aggregate value of $500,000 or more, the
Recipient agrees to specify the amount of Federal assistance to be used in financing that
acquisition of goods and services and to express that amount of that Federal assistance as a
percentage of the total cost of that third party contract.
w:btlr/public transitlFTA Issues/federally required contract clauses (operating) Nov04
. >
APPENDIX B
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<::-j(;
OSHKOSH TRANSIT SYSTEM
DRUG AND ALCOHOL TESTING POLICY
MAY 8, 2001
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THE OSHKOSH TRANSIT SYSTEM
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
Rroductive manner. .
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 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 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 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, 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
Intendea 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 TransitAaministration 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 emp/orees and those safety-sensitive personnel employed by paratransit
organizations that contrac 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 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 a1: any
location in Oshkosh or Winnebago County. All of the rndividuals 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
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Refu.sing to sign an employee acknowledgem~nt form C?~ failure to par1i~ipate in
reqUlrea drugfalcohol training before worKing In a sensltlve-:safetYPosltlon 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 safelY sensitive
employees are required to take drug or alcohol test wnen 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 undergoing required alcohol or drug testing, including travel time shall be paid in
accordance with applicao/e 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 p'ositive test will result in ttie individual'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 test. Existing employees who transfer from a non safety-sensitive position
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 request that the spfit test be performed under the
guidelines specified in Section VII/Part.C of .thiS policy statement. .FTA Regulations
(effective May 10, 1995) no longer require pre-employment alcohol testing.
B. 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 documentable 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 controlled substance prior, during or after the
performance of a safety-sensitive function.
2. 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.
b) The supervisor shoLlld escortthe 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 sliall 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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E. Return to Duty/Follow-up Testing - An employee who tests I?ositive on a -drug or alcohol
test will be required to taKe another dru. g and alcohol test before returning to work. The
employee wiU also have to be cleared by a Substance Abuse Professional (SAP) tQi return
to work.
This employee will be subject to a minimum of six random drug tests in the following twelve
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
terminatea 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 follow-up tests which the result of the initial and confirmatory test are .02 or greater
wiU be considered a positive test and will result in immediate termination.
VII. DRUG TESTING PROCEDURES
A. OVERVIEW
The City of Oshkosh has entered into an alcohol and drug testing agreement with the
Occul?atlonal 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. 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 celiified
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 specim~n 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 Medlcar Review Officer (MRO} within
72 .hours o~ receiving the results of. a posit(ve test if he/she wishes to pursue eith~r of th~se
oRtlons. Third, the employee can waive the right to a retest by not contacting theMedlcal 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 nght to retest, the test results will be considered positive and actions will be taken on
that basis. Ifthe. rE?~est is also positi.ve, the test results win be deemed positive. If the retest fails
to reconfirm the initIal test, the test IS canceled. .
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The Substance Abuse Prof!3ssional 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 emRloyee will able to return to work after receipt by the employer and Medical
Review Officer of a 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 FORPRESCRIPTION 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 J.'udgement m. ay 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 valid positive test results for
alcohol.
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 toa deterioration of health.
The Oshkosh Transit System encourages employees to seek treatrnent 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
OccuRatronal Health Systems at Mercy Oakwood/Mercy Medical Center (hereafter known as OHS
and MMC). Drug testing will normally be conducted through the use of Evidential Breath Tests
(EBT) to determrne 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 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
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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 !tie 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 foI/owing 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, 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 otfler 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 responsibiilities.
"
CONFIDENTIALITY OF RECORDS
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 employ.ees 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 will be with respect to the alcohol program and sixty
minutes will be for the drug program.
9
,~
T 555
556
551 ..
558
559
560
561
562
563
564 I.
565
566
567
568
569
570
571
572
573
574
575
576
577
378
379
380
381
382
383
384
385
586
i87
i88 II.
i89
i90
;91
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93
94
95
96
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APPENDIX A
SAFETY SENSITIVE POSITIONS
COVERED UNDER FTA
DRUG AND ALCOHOL REGULATIONS
OSHKOSH TRANSIT EMPLOYEES
A. DRIVERS (FULL-TIME)
B. DRIVERS (PART-TIME)
C. MECHANICS
D. SERVICE TECHNICIAN
E. MECHANIC/OPERATORS
F. ADMIN!STRATIVE 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
B. BUS DRIVER(S) FOR ZION ELDERCARE
C. DISPATCHERS FOR ZION ELDERCARE
D. KOBUSSEN BUSES, LTD. DRIVERS, MECHANICS AND DISPATCHERS
E. LAKESIDE PACKAGING PLUS, INC. DRIVERS, MECHANICS AND
DISPATCHERS.
F. ANY FUTURE EMPLOYEES OR VOLUNTEERS WHO PERFORM A SAFETY
SENSITIVE FUNCTION AS DEFINED BY FTA UNDER CONTRACT TO OSHKOSH
TRANSIT.
10
...
619
520" ...
521
522
523
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5"26
5"27
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:39
:40
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43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
51
52
53,
54<
5"5
56
57
5"8
5"9
70
71
72
73
74
15
16
'7
'8
APPENDIX B
POLICIES CONCERNING EMPLOYEES WITH BUSINESSES THAT CONTRACT WITH
OSHKOSH TRANSIT
Federal Transit Administration guidelines require that all companies that contract with Oshkosh
Transit have all persons who perform 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 aleohol
testing program witl 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 instructed to take a drug test must do so at the time, 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 wit/1 the written policy of Oshkosh Transit.
Safety-sensitive personnel of the Contractor who test Rositive 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 !)osition
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 emRloyees will be provided on an annual basis. The mitlal 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 and 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 calendar year. Oshkosh Transit will not pay
the Contractor any of its costs if it opts for a separate program.
11