HomeMy WebLinkAboutTransportation Services/Cerebral Palsy
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AGREEMENT BETWEEN THE CITY OF OSHKOSH AND
CEREBRAL PALSY OF ~IDEAST WISCONSIN INC.
FOR THE PROVISION OF NON-SCHOOL TRANSPORTATION SERVICES
WHEREAS, it has been determined to be beneficial to the City of Oshkosh and Cerebral Palsy of
Mideast Wisconsin Inc. to have the City of Oshkosh assume the responsibility for the payment of non-
school transportation services provided for and by Cerebral Palsy of Mideast Wisconsin Inc..
NOW, THEREFORE, IT IS AGREED by and between Cerebral Palsy of Mideast Wisconsin Inc.
and the City of Oshkosh, that the City of Oshkosh will accept billing from Cerebral Palsy of Mideast
Wisconsin Inc. during the 2007 calendar year and will provide payment to Cerebral Palsy of Mideast
Wisconsin Inc. for non-school transportation services performed.
Cerebral Palsy of Mideast Wisconsin Inc. agrees to pay the City ofO'shkosh 71 % of the non-school
transportation costs provided for and by Cerebral Palsy of Mideast Wisconsin Inc. Ifthe total cost of non-
school transportation services provided by or for Cerebral Palsy of Mideast Wisconsin Inc. in 2007 exceeds
$12,000 Cerebral Palsy of Mideast Wisconsin Inc. shall pay 100% ofthe non-school transportation costs.
This agreement shall remain in effect during the calendar year 2007.
That Cerebral Palsy of Mideast Wisconsin Inc. agrees to indemnify and hold harmless the City of
Oshkosh, including its directors, officers, employees, insurers and successors, from and against any and
all claims, demands, penalties, fines causes of action, liabilities, settlements, damages, costs, and expense,
including, without limitation, attorney's and consultants' fees, investigation fees, court costs and litigation
expenses, and other costs of defense, known or unknown, contingent or otherwise, arising out of or in any
way related to the provision of non-school transportation services under this agreement including but not
limited to:
A. Any personal injury or bodily injury (including wrongful death) or property damage (real
or personal);
B. Any lawsuit brought or threatened, settlement reached or local, state, or federal government
or agency order, including, but not limited to claims, costs, liabilities, or expenses arising
from federal, state, or local law;
C.
Any violation of laws, orders, regulations, requirements, or demands of any governmental
authorities; and
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D. Any breach or violation of any contractual provision of whatever kind with any third party.
The City of Oshkosh agrees to indemnify and hold harmless Cerebral Palsy of Mideast Wisconsin Inc.,
including its directors, officers, employees, insurers and successors, from and against any and all claims,
demands, penalties, fines causes of action, liabilities, settlements, damages, costs, and expense, including,
without limitation, attorney's and consultants' fees, investigation fees, court costs and litigation expenses,
and other costs of defense, known or unknown, contingent or otherwise, arising out of or in any way related
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to the provision of non-school transportation services under this agreement including but not limited to:
A. Any personal injury or bodily injury (including wrongful death) or property damage (real
or personal);
B. Any lawsuit brought or threatened settlement reached or local, state, or federal government
or agency order, including, but not limited to claims, costs, liabilities, or expenses arising
from federal, state, or local law;
C. Any violation of laws, orders, regulations, requirements, or demands of any governmental
authorities; and
D. Any breach or violation of any contractual provision of whatever kind with any third party.
Cerebral Palsy of Mideast Wisconsin Inc. agrees to maintain worker's compensation insurance in
accordance with the statutory requirements of the State of Wisconsin.
Cerebral Palsy of Mideast Wisconsin Inc. agrees to maintain during the life of its agreement such public
liability, vehicle liability and property damage insurance as shall protect the City of Oshkosh and Cerebral
Palsy of Mideast Wisconsin Inc. from all claims for damages, personal injury, including accidental death,
as well as claims for property damages which may arise from operations under this agreement whether such
operations be by Cerebral Palsy of Mideast Wisconsin Inc. or by others directly or indirectly employed by
either of them, by naming them as additionally insured with respect to this program. The minimum of
insurance shall be:
$350,000 combined single limit per accident, as well as the required workman's
compensation insurance with the City named as additional insured.
The insurance specified above shall be an acceptable insurance company authorized to do business in the
State of Wisconsin, and shall be taken out before work is commenced and kept in effect until all work is
completed. The City shall be given a minimum of 30 days notice in the event of change or cancellation of
any insurance requirements. The City shall be named "additionally insured" on all policies.
Cerebral Palsy of Mideast Wisconsin Inc. is required to follow a preventive maintenance vehicle
program, which at a minimum must conform to the vehicle manufacturer's recommended warranty and
maintenance requirements for use of the vehicle. The City shall have access to maintenance records of
all vehicles operated in fulfillment of this contract.
Cerebral Palsy of Mideast Wisconsin Inc. agrees to be subject to the rules and regulations ifthe Wisconsin
Department of Transportation (WISDOT) and the Federal Transportation Administration (FTA) under the
provision of the Urban Mass Transportation Act of 1964, as amended. It includes the Appendix A
"Supplement - Federal Regulations" except the term listed in paragraph 2 is amended to run concurrently
with the term ofthis agreement.
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Effective January 1, 1996, Oshkosh Transit was 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 are included in
this program. Enclosed (Appendix B) is Oshkosh Transit's drug and alcohol policy manual for paratransit
providers.
All providers of paratransit service are required to participate fully in Oshkosh Transit's drug and alcohol
program. All company employees or officials who perform safety-sensitive duties are required to
participate in the program. Safety-sensitive individuals include those who drive, dispatch or repair transit
and/or paratransit vehicles.
Oshkosh Transit will provide all training associated with this program. A new employee or an employee
who becomes involved in a safety-sensitive function will be required to take a pre-employment drug test
and undergo Oshkosh Transit drug and alcohol training before beginning their safety-sensitive duties. All
individuals in the drug and alcohol program who are instructed to take a drug and/or alcohol test will
promptly comply. Oshkosh Transit will pay the cost of: pre-employment 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.
Cerebral Palsy of Mideast Wisconsin Inc. 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 submitted to
Oshkosh Transit no later than June 15,2005. It will include the official or employee's name, position, and
social security number. Updates will be due monthly on the 15th of the month for the term of the contract.
Cerebral Palsy of Mideast Wisconsin Inc. will also promptly provide upon request any other employee
information required for Oshkosh Transit to administer this program.
The City of Oshkosh (Oshkosh Transit System) reserves the right to look at the financial records of the
Cerebral Palsy of Mideast Wisconsin Inc. agency at any time during the term of this contract. Monthly
information accompanying invoices must include: the number of passengers transported during the month,
the miles logged in furnishing this non-school transportation, and the number of actual hours of driving
time in providing non-school transportation under this program.
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IN WITNESS THEREOF, the parties have caused this agreEPent to be executed by their respective
proper officers and affixed their corporate seals hereto this/d ~ay o~~~ '
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CITY OF OSHKOSH
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Richard A, W ollangk
City Manager
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Pamela Uhrig
City Clerk .
APPROVED BY:
JJ~
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~ens .
Assistant City Attorney
I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue
under this contract.
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Edward A. Nokes
Director of Finance
City of Oshkosh
CEREBRAL PALSY OF MIDEAST WISCONSIN
INC.
c&ff~L
i TNESS
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APPENDIX A
8
FEDERALLY REQUIRED CONTRACT CLAUSES
To be included in third party 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 U.S.C. SS 6321 et seq.
3. Clean Water
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 USC S 1251 et seq. In
addition:
(a) The Recipient agrees to protect underground sources of drinking water consistent with
the provisions of the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. SS 300f et
seq.
(b) The Recipient agrees to comply with the notification of violating facility requirements
of Executive Order No. J 1738, "Administration ofthe Clean Air Act and the Federal
Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42
U.S.C. S 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 employee of a Member of Congress in connection with
this Federal contract or grant, the Recipient shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The Recipient
shall require that the language of this certification will be included in the award documents for aU
subawards 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 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.
The Recipient agrees to require its third party contractors and third party subcontractors at as
many tiers ofthe Project as required to provide to the U.S. Secretary of Transportation and the
Comptroller General of the 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 ofthis
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 U.S.C. SS 7401 et seq. In addition:
(a) The Recipient agrees to comply with the applicable requirements ofthe U.S. EPA
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 fmding 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 ofthe 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 ofthe Clean Air Act and the Federal
Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42
U.S.C. S 7606 note.
8. Recycled Products
The Recipient agrees that it will comply with 42 USC S 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
purchased during the 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 ofthe 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 ofthe 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.
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 S 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 ifit 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 Act of 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 FTA under the authority of 49 USC S 5307, the
Government reserves the right to impose the penalties of 18 USC S 1001 and 49 USC S
5307(n)(I) 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 subj ect 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 of intent to terminate the contract shall be made in writing
through "return-receipt certified mail," at least 30 calendar days prior to the proposed
termination date.
D. Upon termination ofthis Contract under the provisions of paragraphs A, B or C ofthis
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 ofthe 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 of the Privacy Act of 1974,5 USC S
552a. Among other things, the recipient agrees to obtain the express consent ofthe 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 ofthe Privacy Act,
including the civil and criminal penalties for violation of that Act, apply to those individuals
involved, and that failure to comply with the terms oft~e 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 of that 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 of the Age Discrimination Act of 1975, as amended, 42 USC S
6102, section 202 ofthe Americans with Disabilities Act of 1990,42 USC S 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 ofrace, 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 FT A 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 ofthe Civil
Rights Act, as amended, 42 USC S 2000e, and Federaltransit laws at 49 USC S 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 ofthe 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, including
apprenticeship. In addition, the Recipient and contractor agrees to comply with any
implementing requirements FTA may issue.
(2) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 USC S 623 and Federal transit law at 49 USC S 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 FT A 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 ofthe
parties shall be decided in writing by the authorized representative ofthe 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 ofthe 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 sub agreements
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 in FT A 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 FT A 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 Svstem 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 project. 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 of the Rehabilitation Act of
1973, as amended, 29 U.S.c. S 794, which prohibits discrimination on the basis of handicaps,
with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. SS 12101 et
seq., which requires that accessible facilities and services be made 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 U.S. Architectural and Transportation Barriers Compliance Board (U.S. 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," 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 (U.S. 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,1I 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 beused 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 transiUFTA Issues/federally required contract clauses (operating) Nov04
APPENDIX B
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OSHKOSH TRANSIT SYSTEM
tl
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)
I.
INTRODUCTION
The Oshkosh Transit System performs a vital public service to the residents of Oshkosh and
Winnebago County. We are committed to ensuring that transit services are delivered safely in a
drug and alcohol free environment. Oshkosh TransIt's drug and alcohol testing policy is desIgned
to: .
Assure that employees can perform their assigned duties in a safe, healthy and
productive manner. ' .
Create a workplace free from the adverse effects of drug and alcohol abuse or
misuse.
Ensure that all safety-sensitive* personnel of 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 sal1)e gUidelines .as employees of th,e O~hko~h TranSit System. Unless specifically
stated, they Will also be defined as employees In thiS polley statement.
If you have any qU,eStions or concerns regarding this policy, contact the Transportation
Supervisor, Oshkosh Transit System, locatea at 926 Dempsey Trail, Oshkosh, WI ti4902,
920/232-5340.
II.
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 Transit Aaministration mandate urine drug testing and evidential
breatli 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 emplorees and those safety-sensitive personnel employed by paratransit
organizations that contrac with Oshkosh Transit.
If I.
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 perforrtling transit related business at any
location in Oshkosh or Winnebago County. All of the Individuals covered by this policy will be
subject to specific alcohol and drug testing as required by federal regulations. A safety-sensitive
function is any duty related to the safe operation of mass transit or paratransit services including
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the operation, dispatch and maintenance of a mass transit or paratransit service vehicle including
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 afProved
for medical use by the USDA or the USFDA. Illegal use includes: use of or impairmen by any
illegal drug, misuse of legally prescribed or over the counter drugs, or i1fegally 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. PROHIBITED CONDUCT
A. FEDERAL GUIDELINES FOR PROHIBITED CONDUCT
These guidelines are according to Federal Transit Administration 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 o'f any
meaication containing a measurable amount of alcohol.
2. 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.
3. 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.
B. OSHKOSH TRANSIT PROHIBITED POLICIES
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.
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
controllea substance. .
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5. Providing false information concerning a test, or falsifying test results through
tampering, contamination, adulteration or substitution of test samples.
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Ketu.sing to sign an emPloyee acknowledgem~nt form C?~ failure to pa'1i~ipate in
requlrecf drug/alcohol training before worKing In a sensltlve~safety position after
January 1, 1996.
Any employee who violates. any of these rules set forth is subject to discipline, up to and induding
termination. "
b.
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 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 applicat5le provisions of a Collective Bargaining Agreement or the pay policy of
the City of Oshkosh.
Testing shall be conducted in the following situations:
A. Pra;.Employment Testing - A prospective employee must take proscribed drug tests after
the offer of conditional employment and prior to beginning of work in a safely-sensitive
position. A positive 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 be 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 spnt test be performed undHr the
guideli.nes, specified in Section VII/Part. C of this policy statement. 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 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
eml?loyee is under the influence of controlled substance prior, during or after the
performance of a safety-sensitive functi.on.
This behavior or impairment is observed to prior, during or after the performance of
safety-se nsitive" fu netion s.
If the supervisor believes that reasonable suspicion testing is warranted, the following
steps should be. followed: .
a) !he 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.
2.
b)
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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 pending the results of the drug test. If the drug test is
negative, they will be reinstated and the suspension wnl be removed from their
recorq. If the. drug te~t. is positive, they will be subje.ct to the discipline procedure
associated With a pOSitive drug test. .
The supervisor will complete and sign a copy of the Reasonable Suspicion
Observation Form within 24 hours oT removing the employee from the s'afety-
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 levels are baseo uQon Federal Transit Administration
requirements. Testing levels will change if required Federal Transit Administration Testing
levels change.
Occupational Health Systems will select employe,es for random testing using a scientifically
valid method of random number generation. The method will consist of computer based
random number generation which will match with individual's Social Security numbers. All
employees willl1ave an equal possibility 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 Iff' b d'l . . d ... d' t d' I t t . t
n In IVI ua su enng 0 I Y injury an receiving Imme la e me Ica rea mHn .
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 the 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 accident 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 testinq site.
The alcohol test shall take place no later than (8) hours and the drug test no later tharl (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 deterlTJined,
the supervisor will be required to complete a report explaining the reason for the delay.
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VII.
A.
Return to Duty/Follow-up Testing - An employee who tests gositive on a arug or alcohol
test will be required to taKe another drug and alcohol test before returning to work. The
employee will also have to be cleared by a Substance Abuse Professional (SAP) to return
to work. .
This employee will be subject to a minimum of six 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 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 foHow-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 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 9rack)
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 riqht to
test for those drugs using standard laboratory testing procedures. Those tests will be condlJcted
with separate specimens from any FTA mandated drug tests. Positive tests of these controlled
substances will result in the same discipline procedures as with other positive drug test results.
Drug testing is conducted by analyzing an employee's urine specimen (through a NIDA certified
testing lab). This test will use a split sample testing procedure. Each urine specimen is divided
into two bottles. Both specimen bottles will be senl to a certified lab. The specimen deemed to
be the primary specimen will be used for the actual urinalysis. The split sample will be stored at
the lab and remain sealed. If the analysis of the primary specimen confirms the presence of a
controlled substance, the employee has three optIons. First, the employee can request that the
split sample be sent to asemarate 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 of receiving the results of a positive test if he/she wishes to pursue either of these
oRtions. Third, the employee can waive the right to a retest by not contactmgthe 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 basis. "Ifthe retest is also positive, the test results will be deemed positive. If the retest fails
to reconfirm the initial test, the test is canceled. .
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B. THE DRUG SITE TESTING PROCEDURE
The current drug testing collection sites are either Mercy Oakwood or Mercy Medical Center.
Testing procedures at tllese 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.
2. 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 meaications they are currently using.
3. An employee is required to provide 45 ml (milliliters) of urine in a designated
bathroom under conditions 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 emploYE~e will
retry using a fresh collection container. If the employee remains unable to~rovide
an adequate sample, the inadequate sample(s) shall be discarded. The MHO 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.
4. 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. They will be removed from safety-sensitive Duties pending the
results of the split sample test.
5. Following completion of the test, the employee shall follow instructions of the
supervisor with respect to return to work procedures.
C. RESULTS OF A POSITIVE DRUG 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 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 Officer to 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
ofa controlled substance will fully validate the results of the positive test and further
action will proceed.
The employee will be subject to immediate termination UNLESS helshe agrees to
enter 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.
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TheSubstance 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 d~termine 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 FOR PRESCRIPTION AND NONPRESCRIPTION DRUGS
5.
4.
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 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 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 alGohol
or drug dependency,we encourage you to speak with your immediate sup~rvisor 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
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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 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 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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will qirect the employee through the procedures associated with performing the Evidential Brea~h
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 no 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 resulf 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 confirmatorY Evidential Breath Test results are between .02 and .039,
the employee will be subject to discipline pursuant to "just cause". The emp'loyee, 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 subjec 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 p'rocedure 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 into a last chance agreement involving mandatory completion of a Substance
Abuse Treatment Program as deemed approQriate 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 deSignated treatment progr2lm.
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 emQloyee 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 a test:
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; /
3. Tampering with or attempting to adulterate the specimen or interfere witt1 the
collection procedure;
4. Not reportIng to the collection site in the time allotted;
5. Leaving the scene of an accident without a valid reason before the tests have been
conducted; or
6. Failure to sign required testing forms for urine collection.
8
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36 XII.
37
38
39
40
41
42
43
44
45
46
47
18
19
30
31
32
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54
"
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 ttie 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 deGision-
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. C
Oshkosh Transit must release information to the National Transportation Safety
Board {NTSB) about any post accident test performed for an accident thaUs 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 responsibilities.
2.
3.
4.
5.
These exceptions to employee confidentiality are required by Federal Transit Administration
guidelines.
TRAINING
All employees will be subject to a minimum of sixty minutes of training. It will focus upon the
effects and indicators of drug use. Training will be primarily by the use of audio-visual materials
that are in compliance with Federal Transit Administration guidelines. New employees will receive
this training prior to performance of safety sensitive duties. All employees will also be requirred to
read thiscfocument 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. Si~ 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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557
558
559
560
561
562
563
564 I.
565
566
567
568
569
570
571
572
573
574
575
576
577
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379
380
381
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383
384
385
586
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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
DISPA TCHERS.
F. ANY FUTURE EMPLOYEES OR VOLUNTEERS WHO PERFORM A SAFETY
SENSITIVE FUNCTION AS DEFINED BY FTA UNDER CONTRACT TO OSHKOSH
TRANS IT.
10
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72
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74
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76
77
18
APPENDIX 8
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 emplorees of companies that provided contracted transit and paratransit services for
Oshkosh Transi. 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 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 witfi 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 safe~-sensitive and non safety-sensitive employees on a quarterly basis. ,~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 emp'loyee. 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
differentfrom OshKosh Transit, it must submit these policies in writing to Oshkosh Transit for
approval. Oshkosh Transit reserves the right to accept or rejec. t any changes to the existing drug
ana 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 calendar year. Oshkosh Transit will not pay
the Contractor any of its costs if it opts for a separate program.
11