HomeMy WebLinkAboutTransportation Services -2007
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GRANT AGREEMENT BETWEEN THE CITY OF OSHKOSH
AND WINNEBAGO COUNTY: PROVISION OF INTER-CITY SERVICE
WHEREAS, Winnebago County desires to provide financial assistance to the City of
Oshkosh in providing transportation services to citizens within the City of Oshkosh and Winnebago
County: and
WHEREAS, the provision of a Grant to the City of Oshkosh by Winnebago County will
enable the City of Oshkosh to provide transportation services to citizens within the City of Oshkosh
and Winnebago County.
NOW, THEREFORE, IT IS AGREED between Winnebago County and the City of
Oshkosh as follows:
1. That Winnebago County agrees to provide a Grant to the City of Oshkosh in the
amount of $30,000 during the calendar year 2007 for the purpose of enabling the City
of Oshkosh to provide public transportation services between Oshkosh and Neenah.
2. That Winnebago County shall be provided access to the records of the City of
Oshkosh upon request so as to verify by audit or other means, that the Grant monies
provided herein are being utilized for the purpose of providing transportation services
to citizens within the City of Oshkosh and Winnebago County.
3. The City of Oshkosh agrees to indemnify and hold harmless Winnebago County,
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 expenses 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 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 10ca11aw;
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.
4. That Winnebago County agrees to indemnify and hold harmless, the City of Oshkosh,
including its directors, officers, employees, insurers, and successes 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 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 10ca11aw;
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.
The intention of paragraphs 3 and 4 above is that each party shall be responsible for the actions of
its own employees and agents. Further this paragraph shall be construed liberally in favor of the party
seeking indemnification hereunder.
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IN WITNESS THEREOF, the parties have caused this agreement to be executed by their respective
proper officers and affixed their corporate seals hereto this ~ day of '3 c t\ oJ l< r y
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CITY OF OSHKOSH
WlNNEBAGO COUNTY
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Richard A. Wollangk
City Manager
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Mark Harris
County Executive
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~ue Ertmer
County Clerk
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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
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AGREEMENT BETWEEN THE CITY OF OSHKOSH, WINNEBAGO COUNTY
AND LAKESIDE PACKAGING PLUS FOR PROVISION OF LAKESIDE
PACKAGING PLUS INC TRANSPORTATION SERVICES
WHEREAS, Winnebago County has previously entered into agreements with Lakeside
Packaging Plus Inc. for the provision of transportation services for its Oshkosh facility and other
sites of client service within the City of Oshkosh; and
WHEREAS, it has been determined to be beneficial to the City of Oshkosh and
WinnebagoCounty, to have the City of Oshkosh assume the responsibility for the payment of
transportation services provided for and by Lakeside Packaging Plus, Inc.
NOW, THEREFORE, IT IS AGREED between Winnebago County and the City of
Oshkosh, that the City of Oshkosh will accept billing from Lakeside Packaging Plus, Inc. for
calendar year 2007 and will provide payment to Lakeside Packaging Plus, Inc. for transportation
services performed.
1) Winnebago County agrees to pay the City of Oshkosh 71.0% of the transportation costs
provided for and by Lakeside Packaging Plus, Inc. If the total cost of transportation services
provided by or for Lakeside Packaging Plus, Inc. in 2007 exceeds $162,538, Winnebago County
shall pay 100% of the transportation costs up to a limit of $178,792. This agreement shall remain
in effect during the calendar year 2007.
2) That Winnebago County 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 transportation services under
this agreement including but not limited to:
A. Anypersonal 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.
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3) The City of Oshkosh agrees to indemnify and hold harmless Winnebago County,
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 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.
4) Lakeside Packaging Plus, Inc. agrees to maintain worker's compensation insurance in
accordance with the statutory requirements of the State of Wisconsin.
5) Lakeside Packaging Plus, 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 Lakeside Packaging Plus, 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 Lakeside Packaging Plus, Inc. 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.
6) Lakeside Packaging Plus, Inc. agrees to be subject to the rules and regulations of the
Wisconsin Department of Transportation (WISDOT) and the Federal Transportation
Administration (FTA) under the provision of the Urban Mass Transportation Act of 1964, as
amended. Federal guidelines are specified in Appendix A, "Applicable Federal Regulations".
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Lakeside Packaging Plus, Inc. agrees to be subject to Oshkosh Transit's drug and alcohol
policy which is effective January 1, 1996 that is described in Attachment B.
The intention of paragraphs 3 and 4 above is that each party shall be responsible for the
actions of its own employees and agents. Further this paragraph shall be construed
liberally in favor of the party seeking indemnification hereunder.
IT IS FURTHER AGREED by and between parties hereto that in consideration of the
costs paid by the County, that Winnebago County shall collect and retain all user fees and
fares which may be derived through the use of these routes.
IN WITNESS THEREOF, the parties have caused this agreement to be executed by
their respective proper officers and affixed their corporate seals hereto this;)... 6 day of
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CITY OF OSHKOSH
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Richard A. Wollangk
~~.ager \~
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Pamela Uhrig
City Clerk
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
WINNEBAGO COUNTY
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Mark Harris
County Executive
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Dr. Davi Brotski '
Executive Director
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WITNESS
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APPENDIX A
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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 ofthe 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. 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.
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
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! shall require that the language of this certification will be included in the award documents for all
sub awards at all tiers (including subcontracts, subgrants, 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 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 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 ame:q.ded, 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 finding for the Project, the Recipient agrees to
implement each air quality mitigation or control measure incorporated in the Project. The
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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 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 approvalofthe solicitation or award ofthe
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. Pro~ram 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 if it makes, or causes to be made, a
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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 if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification to the Federal Government
under a contract connected with a project that is financed in whole or in part with Federal
assistance originally awarded by FT A 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)(1) on the Recipient, to the extent the Federal Governmentdeems 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 FTA. 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 ofthe 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 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 bidsor
proposals) for all contracts over $25,000, regardless of the type of contract to be awarded.
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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 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 ofthe 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 agaihst 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 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 vn of the Civil
Rights Act, as amended, 42 use S 2000e, and Federal transit 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 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, including
apprenticeship..In addition, the Recipient and contractor agrees to comply with any
implementing requirements FT A may issue.
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OSHKOSH TRANSIT SYSTEM
DRUG AND ALCOHOL TESTING POLICY
MAYB, 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 dHslgned
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Assure that employees can perform their assigned duties in a safe, healthy and
f)roductive 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, locatee at 926 Dempsey Trail, Oshkosh. WI 54902,
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 afcohol and drugs. This policy is
IntendeCf 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
breath alcohol testing for safety-sensitive positions. * This policy document sets forth the Oshkosh
Transit System alconol and drug abuse program and the conduct and testing reporting guidelines
for safety-sensitive employees and those safetr.-sensitive personnel employed by paratransit
organizations that contract with Oshkosh Transi .
III. APPLICABILITY
This policy applies to all transit system employees. It also applies to all personnel in safety-
sensitive pOSItIons in transit organIzations that contract to proVIde transit or paratransit services
with Oshkosh Transit. Participation in the Oshkosh Transit System's drug and alcohol testing
program is a requirement of each safety-sensitive employee, and therefore, is a condition of
employment with the Oshkosh Transit System and contracted transportation providers. The policy
is in effect whether they are on transit property or when performing transit related business at any
location in Oshkosh or Winnebago County. All of the Individuals covered by this policy will be
subject to specific plcohol 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 includin9
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the operation, dispatch and maintenance of a masstran.sitor paratransit service vehicle including
supervisors. A list of safety sensitive positions is attached (See Appendix A). . ,
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IV. PROHIBITED SUBSTANCES
Prohibited drugs include any illegal or controlled substance including, but not limited to: marijuana,
amphetamin. e.s, o. Piates,. p he.. ncyclidine (PCP), and cocaine.. It also includes any drug not approved
for medical use by the USDA or the USFDA. Illegal use includes:. use of or impairment by any
illegal 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. FEDEAAL GUIDELlN~SFbRPR6HIBTTEDCOKJ[)(JCr<"""
These guidelines are according to Federal Transit .. Adminisfration regulations concerning
prohibited conduct for safety-sensitive employees:
1. Using or possessing' alcohol while on duty. NOTE: Federal Regulations include
medications contaimng alcohol in the substances banned from use or possession
in the workplace. Therefore employees will not be. assigned to safety-sensitive
jobfunctionswhile using or possessing prescription or non-Rrescription medication
If such medication contains any measurable amount of alcohol. It is the
~:g~~~I~~i~~~~~nj~~C~~~;~~~~y:i~i~7f~fe!~fc~~~~~r of t:eir use of any
2. Using alcohol within (8) hours following an aCcident,iftheeiTIployee was required
to be tested, unless an earliert.est results)n a reacfing of less than 0.02.
3. Ref)orting for duty or remaining on duty while having an alcohol concentration of
0.02 or greater.
4. Consuming ,my amount of alcohol within four (4) hours before reporting for duty.
5. Using any controlleel 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 TRAt\JSrrPROHfelfEt'fpOLICIES'
These practices are specifically prohibited under Oshkosh Transit policy.
. . ... ... .. ~ .. . ,.. .- ... ... ,.. ..'..' ... ~
Dispensing,' distributing orreceiving alcohol andcontroHed substances while on
duty.
Possession of controlled substances while on duty.
Re.. p....o..r.t i.ng. fo..rdu..ty.or r.emaining on duty in a safety-sensitive position ~hile having
analcoholcon.c:entration of 0.02 or greater. '
Reporting for duty or remaining on duty while under the influence of alcohol or a
controlled substance. .
1.
2.
3.
4.
5. Providing false information concerning a test, or falsifying tesf results through
tampering, contamination, adulteration or substitution of test samples.
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Refusing to sign an employee acknowledgement form or failure to participate in
requirecf druglalcohol training before worKing in a sensitive-:safety position after
January 1, 1996.
Any ~mRloyee who violates any of these rules set forth is subject to discipline, up to and including
termrnation.
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 requestecf 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 applical:5le 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 safely-sensitive
position. A positive test will result in Hie 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 rrocedures as the prospective
employment except a positive test will automatically resul in disqualification for a pl3riod
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 under the
gUid,elines specified in Section VII/Part C of this policy statement. FT A Regulations
(effective May 10,1995) no longer require pre-employment alcohol testing.
Reasonabre 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 subsfance withdrawal, speech, breath, odor, indication of chronic
effects of controlled substances. The supervisor may act if he/she believes the
employee is under the influence of controlled substance prior, during or after the
performance of a safety-sensitive function.
This behavior or impairment is observed to prior, during or after the performance of
safety-sensitive functions.
If the supervisor believes that reasonable suspicion testing is warranted, the following
steps should be followed:
a) The employee should be removed from the safety-sensitive function
immediately.
2.
b)
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 determinecf. If the
alcohol test shall take place more than (2) hours but less than (8) hours after
the reasonable suspicion is determined, the supervisor will be required to
complete a report explaining the reason for the delay.
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The supervisor \i\lil/ waitat the clinic until thetestinghasbeen completed. j "
The employee shall not return to duty until the results ofthe testare 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 asCi 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 wiT/be. removed from their
record. If the drug test is positive, they will be subject to the discipline procedure
associated with a positive drug test.
The supervisor will complete and sign. a copy of the Reasonable Suspicion
Observation Form within 24 hours of'rE?rnoYing the employee from the safety-
sensitive function. . .
Random Testing - All employees in safety-sensitive positions will be subject to random
testing. The testing may be conducted immediately before, during or immediately after the
performing of the employee's safetyr-sensitive duti~s. 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 ttie testing pool; drug tests will be 50 percent of employees in
the pool. These testing levels are basecf uQon Federal Transit Administration
requirements. Testing levels will change if required Federal Transit Administration TE~sting
levels change.
~'JfiJu~~\~~~ ~t~~~~~*m:ib~~rg:~~f;'g~'Of~~s~':Itr:,~d~m ~~k1~t~~~~t~l:r~~';~J
random number generation which will match with individual's Social Security numbers. All
employees will have 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.",hn<;othe~wnln~t?e testedat.an~Uri~~.~ye"f.< .........<i... ..< .........
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:
6.
7.
1 ~t1~~I~dual suffering bodily Injury andi.,ceivingimmediate medical treatment.
3. The. tran,sit vehicle or any vehJcle Involved in the!:lcciqent is towed, OR the transit
vehIcle IS removed from servIce as a result of disabling damage rncurred In the
accident.
The employee will report the accident to their supervisorTmmediately. If no supervisor is
on duty, supervisors will be contacted according to the Supervisor Call-out Schedule.
Failureto conti3Gta supervisorwhen 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 shallreport 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 forthe delay.
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E. Return to Duty/Follow-up Testing - An employee who tests positive 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 tvvelve
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 folfow-up tests which the result of the initial and confirmatory test are .02 or grE~ater
will be considered a positive test and will result in immediate termination.
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 reasonabl.e 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 certiified
testing lab). This test will use a split sample testing procedure. Each urine specimen is divided
into two bottles. Both specimen bottles will be sent to a certified lab. The specimen deemed to
be the primary specimen will be used for the actual urinalysis. The split sample will be stored at
the lab and remain sealed. If the analysis of the primary specimen confirms the presence of a
controlled substance, the employee has three O()tlons. First, the employee can request that the
split sample be sent to a semarate 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
options. Third, the employee can waive the right to a retest by not contactIng the Medical Review
Officer within 72 hours or indicating prior to that time that they are waiving the option of a split
sample. The employee will be reql!lreq 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. lfthe 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 Tr=STING. PROCEDURE
/ I --:~
The current drug testing collection sites are either Mercy Oakwood or Mercy Medical Center.
Testing procedures at ttlese sites will be in accordance with FTA guidelines. The employee is to
cooperate with all personnel at the collection site.F ailure 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 totake the test.. Thf3 following procedures will occur when
the employee is required totakf3 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 totakethedrug test. The employeewill provide all information
concerning valid prescription meCfications 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/hertodrink
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 Qrovide
an adequate sample, the inadequate sample(s) shall be discarded. The MRO will
refer the employee for a medical evaluation to determine whether the individual's
t~~~~fn'~~ ~r~~~~1i;U~~~~e~~~~2Iu~~iu~t~~ ~~~;~~~~i6~~~i~~.t~~.~~U~~~~~,~
inability to provide a sufficient urine sample is not genuine, will constitute a mfusal
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.substaQces pending the results of the
split sample test: They will be removed from safeJy-sensitive Duties pending the
results of the. split sample test. .
5. Following completion of the test, the employee shall. follow. instructions pf the
supervisor with respect to return to work procedures. '
...-.. .:...,. .,
C. RESULTS QFA 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 Officerregarding the dru~~ test
results.
2.
The employee will be directed to meet withCl MediqaIRevif3V11 OffiqerJocjetermine
if th~ positive test resulted from the authQrized USELOf ac::QnfrgUeq .~LJPstancf3..lfthe
Mf3dlcal Review Qfficer determines thatthe positive test result occurredas a result
of authorized use of a controlled substance, the results of the test will be canoelled.
A determinaticm that the positive test result i$ not. the res.ultofanputhorized use
of a controlled. substance Willfully validatethe. results of the positive test and further
action Will proceed.
._._..'C._.'_:- .:...
The employee will be subject to immediate termination UNLESS he/she agrees to
enter intc..o a last..c...hanceagreement involving mandatory com. pletion of a S. Ub. stance
Abuse Treatment Program as deemed appropriate for the individual by the
Substance Abuse Professional (SAP). A referral to the SAP will take place
regardless of disciplinary action brought against the employee.
3.
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01 VItr. EFFECTS OF ALCOHOL MISUSE
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8 The City of Oshkosh has entered into an alcohol and drug testing agreement with the
9 OccupatIonal Health Systems at Mercy Oakwood/Mercy Medical Center (hereafter known as OHS
o and MMC). Drug testing will normally be conducted tflrough the use of Evidential Breath Tests
1 . (EST) to determine the presence of alcohol.
2
3 The Evidential Breath Testing device is capable of measuring an employee's blood alcohol
q, concentration. A qualified Breath Alcohol Technician (BAT) will administer the test. Identification
:> procedures will be the same for an alcohol test as they are for a drug test at OHS/MMC. The
:> employee will complete any forms fully and without modification. The Breath Alcohol Technician
7
4.
The Substance Abuse Professional will develop the appropriate treatment program.
The employee will be required to fully follow the desIgnated treatment program.
The Substance Abuse Professional will determine when the employee is re~ady to
return to work. They will forward that written authorization to the Medical Hevlew
Officer and the Oshkosh Transit Drug/Alcohol Coordinator.
The emRloyee will able to return to work after receipt br the employer and Medical
Review Officer of a negative drug and alcohol test resul in their return to work tests.
They will be subject to a minimum of six random follow-up drug and alcohQiI tests
in the next twelve months.
GUIDELINES FOR PRESCRIPTION AND NON PRESCRIPTION DRUGS
5.
6.
It is required to notify the Personnel Department or a supervisor if an employee is taking any
legally prescribed medication, therapeutic drug or non prescription drug that contains any
measurable amount of alcohol or carries a warning label that indicates the employee's mental
functioning, motor skills or judgement may be adversely affected by the use of this medication.
Federal regulations stipulate that an employee is not permitted to use or possess medication
containing alcohol while in performance of a safety-sensitive duty. A positive alcohol test as a
result of legally prescribed medication will be treated as any other valid positive test results for
alcohol.
Alcoholism and drug dependency are treatable illnesses that can be successfully dealt with if
identified in the early stages and referred to an appropriate source for treatment. Indications of
alcohol and drug abuse include extreme changes in personality, problems with employer or other
employees, interrupted or changing sleep patterns, problems with attendance and lateness,
concealment of social habits involving drugs and alcohol, and family problems. Continued alcohol
and drug dependency can lead to a deterioration of health.
The Oshkosh Transit System encourages employees to seek treatment voluntarily and supports
employees who volunteer for treatment of alcohol or drug abuse. If you feel you have an alcohol
or drug dependency, we encourage you to speak with your immediate supervisor for information
about the Employee Assistance Program (EAP) that is available to you. Confidentiality of
information will be maintained at all times. The Oshkosh Transit System and the City of Oshkosh
will assist the employee with sick leave, vacation time, or leave without pay during treatment and
rehabilitation, and insurance coverage will be provided to the extent of individual coverage.
While the Oshkosh Transit System is willing to assist employees with alcohol or chemical
dependency problems, safety is our first priority. Employees must adhere to the attached Drug
and Alcohol Policy regardless of participation in a treatment program and are expected to observe
all other job performance standards and work rules.
IX.
A.
ALCOHOL TESTING PROCEDURES
OVERVIEW
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will qirect the employee through the proc;edures?ss()qiatedVlfith performingfheEvidentiallBre,atil '"
TestIng. '. -
If the initial tesfindicatesablood alcQbol concentr?tiop Qfless tbanO~02, no further testing will
occur. The test will be reported tothe employer as hegative:lnitial test results indicating a 1:5100d
alcohol test of .02. or greater will require a confirmatory test. The confirmatory test will be
conducted no less than 15 minutes and no mor~ than30minutesfoll()lNing the initial alcohol test.
If the confirmatory fest indicates ablood alcohol Qoncentration()f I~ss th<?DO.02, the test will be
c<?nsiderec;:i and reported to the employer as negative. Con.~rmatory .test resuJts of .04 or weater
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 c;omplete verification of the validity
of the alcohol testing procedures. .'
If initial and confirmatory or confirmatorY Evidential Breath Testresults are betv.Jeen .02 and .039,
the employee will be subje.ct to discipline pursuant to."just c.aus... e............The emp.loyee, at minimum
~iil~i~~~1~1e~4 'h~~~;f~II~~rn~u~g~rni~~r~tr~~gfr~e ft~~.. .t~e~~yc%~~-g~n;~t~j~cr~;i~~~itjg~a~
discipline up to and including termination. If any employee has tested positive for alcohol or drugs
within the previo. us thi.rt. y-SiX. months, an Evidential Breath Te. st that indicates a blood alcohol level
of .02 or over will result in disciplinary procedures up to and including termination;
B. RESULTS OF A POSITIVE ALCOHOL TEST
This procedure applies only for th.. e first positive alcohol qr drllg test..w. ..it.hin a thirty-six month
perioa. If a drug test is determined to be positive and the confirmation process has been
completed, the following actions will occur:
1. Theerhployee will be immediately removed from a safety-sensitive position.
2. The employee will be subject to immediate termination UNLESS he/sheagmes to
enter into a last ch<?n<~e agreement involving mandatory completion of a Substance
~eg~ran-r:J:~~~~t~b~~~~r:;n~l~ 1~~~r~gl..t~~~~~~~~w~?IEl~epl~g~v~~~~~d~rsihof
c:fisciplinary action brought against the employee.' . .,
t~~ ..~~~~~~c:~R~see.~~0~~~~ijg'~Lrr~lfg~6~~Ri~~~~~~:~ai~e~r~~~r~~g~~,~;;.m.
The Substa nce Abuse PrQff?s~!()n~lwi!L9.~t~[milJe vv.hsQ. theemploye~ is ready to
~ltY2~rt~~0{~e 6~~~0~~1 +~~~rf d~~~/~rb~~~,a~~()~~fnal~%~. to the M~dIGC3IRI3\1LE}V{
The employee will able to return to work after rE?ceipt br the employer and Ml3dical
Review Officer of a negative qrug and a!cohol test resul.. in their retl,JmtQwork tE?s.ts.~
They will be subject to a minImum of slxJC3l1domfoIJ()w-up drug and alcohol tests
in the next twelve months. '.
3.
4.
5.
x. REFUSAL TO SUBMITTO 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 with thE3
collection procedure;
4. Not reportmg to the collection site in.the time allotted;
5. Leaving the scene of an accident without a. \lqlid reasQl1bE3f()rE3tb~t~stsha\ll3beE3n
conducted; or . ... . ......
6. Failure to sign required testing forms for urine collection.
8
1> 1..r-lr.~
--" O~ ." ~
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The Oshkosh Transit System respects the privacy rights of all of its employees. It understands
that the nature of thes~ tests requires respect for the employees' rights for confidentiality. Test.
results will be communIcated to the employee, theIr supervisor, andttie 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, and/or Program
Manager).
Oshkosh Transit may disclose information related to a test result to the decision-
maker in Cllawsuit, 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 responsibilities.
CONFIDENTIALITY OF RECORDS
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 dn.lg use. Training will be primarily by the use of audio-visual materials
that are in compliance with Federal Transit Administration guidelines. New employees will receive
this training prior to performance of safety sensitive duties. All employees will also be required to
read this cfocument and verify that they nave read and understand this policy and agree to fully
comply with it with the Drug and Alcohol Verification Form. .
All supervisors will receive a minimum of 120 minutes of training in addition to the training
indicated above. Sixty minutes of the training will be with respect to the alcohol program and sixty
minutes will be for the drug program.
9
.'"
55'9 ..
7556' f'
557
558
559
560
561
562
563
564 I.
565
566
567
568
569
570
571
572
573
574
575
376
377
378
379
380
581
382
383
,84
,85
,86
>87
> 88 II.
;89
;90
;91
;92
;93
,94
95
96
97
98
99
00
01
02
03
04
05
06
07
08
09
10
11
12
L3
L4
L5
L6
L7
.8
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. ADMINJ,STRA TIVE 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 BYFTA UNDER CONTRACT TO OSHKOSH
TRANSIT.
10
) t.",
,,512
520
521
522
523
524
525
526
')27
')28
)29
) 3 0
) 31
> 32
) 3 3
;34
;35
;36
;37
;38
;39
;40
;41
;42
:43
:44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
53
54
55
56
57
58
59
70
71
72
73
74
75
76
77
78
..
'"
APPENDIX B
POLICIES CONCERNING EMPLOYEES WITH BUSINESSESTHAT 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 outlmed in the policy manual.
The Contractor will be required to be included with Oshkosh Transit in their drug and allcohol
testing program. This program will include all employees of Oshkosh Transit and all safety-
sensitive employees of companies that provided contracted transitand paratransit services for
Oshkosh Transit. Safety-sensitive employees include all employees who drive, repair or dispatch
transit and/or paratransit vehicles. The Federal Transit Administration mandated drug and alcohol
testing program will be effective January 1, 1996 for Oshkosh Transit.
Oshkosh Transit will provide all training associated with ,thiS program. A new employee or an
employee who becomes involved in a safety-sensitive function after January 1, 1996 will be
required to take a pre-employment drug test and undergo Oshkosh Transit orug and alcohol
traming 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-acc.ld, ent 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 positive for either drugs or alcohol, when
that positive test is verified by the Medical Review Officer will be removeCf from their safety-
senSitive position. They will be prohibited from working in any safety-sensitive paratransit position
that contracts with Oshkosh Transit. The Contractor will be required to provide Oshkosh Transit
a list of all new safety-sensitive and non safety-sensitive employees on a quarterly basis. A list
of all employees will be provided on an annual basis. The 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 wfll 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 FTA 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
, . .,.
(2) Age _ In accordance with section 4 ofthe 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 of the
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 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.
. .
1-.
.
B.
DH~ Obligation: The Recipien~ or its contractor agrees to ensure that disadvantaged
busmess enterpnses as defined m 49 CFR Part 26 have the opportunity to participate in
the perfo~ance of cont~acts 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 nrovisions reauired bv the USDOT. as set forth in FTA Circular 4220.1D, dated
.l " It....
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.lD, dated
April 15, 1996 or any subsequent amendments, are hereby incorporated by reference. Anything to
the contrary herein notwithstanding, all FTA 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. ~~ 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 ofFT A 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) ofthat Notice.
21. Access Requirements for Persons with Disabilities
The Recipient agrees to comply with the requirements of 49 U.S.C. ~ 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. ~ 794, which prohibits discrimination on the basis of handicaps,
with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.c. ~~ 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. ~~ 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," 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
1""",,,,-, "~
.
APPENDIX B
"
I'" '
'"
AGREEMENT BETWEEN THE CITY OF OSHKOSH AND WINNEBAGO
COUNTY:
PROVISION OF RURAL TRANSPORTATION SERVICES
WHEREAS, Winnebago County desires to provide financial assistance to the
City of Oshkosh in providing transportation services to disabled citizens within rural
Winnebago County: and
WHEREAS, the provision of a Grant to the City of Oshkosh by Winnebago
County will enable the City of Oshkosh to provide transportation services to disabled
citizens within rural Winnebago County.
NOW, THEREFORE, IT IS AGREED between Winnebago County and the
City of Oshkosh as follows:
1. That Winnebago County agrees to provide a Grant to the City of Oshkosh
to provide rural transportation services to disabled persons residing within
rural areas of Winnebago County (including the townships ofNeenah and
Menasha) during the calendar year 2007.
2. That pursuant to this agreement, Winnebago County shall provide a Grant
to the City of Oshkosh in the amount of 36.5% of operating costs during
the 2007 calendar year for the purpose of enabling the City of Oshkosh to
provide rural disabled transportation within Winnebago County during
2007. Expenses are budgeted not to exceed $34,800. If the total cost
exceeds $38,280, the City and Winnebago County will negotiate a new
funding formula for the remainder ofthe contract period.
3. That Winnebago County shall be provided access to the records of the
City of Oshkosh upon request so as to verify by audit or other means, that
the Grant monies provided herein are being utilized for the purpose of
providing transportation services to disabled citizens of rural Winnebago
County during 2007.
4. The City of Oshkosh agrees to indemnify and hold harmless Winnebago
County, 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 expenses
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 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);
-1-
,~
"oJ[ --
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.
5. That Winnebago County agrees to indemnify and hold harmless, the City
of Oshkosh, including its directors, officers, employees, insurers, and
successes 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 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.
The intention of paragraphs 4 and 5 above is that each party shall be responsible for the
actions of its own employees and agents. Further this paragraph shall be construed
liberally in favor of the party seeking indemnification hereunder.
-2-
e' ~
-.c ...
IN WITNESS THEREOF, the parties have caused this agreement to be executed by
their respective proper officers and affixed their corporate seals hereto this ~ day of
J c:. 1'./1'1.-.;>' '( , 20~
CITY OF OSHKOSH
~~
Richard A. W ollangk
__._,-CitX Manager
~nu~
Pamela Uhrig' . . )
City Clerk
. Lore
Assistant City Attorney
City of Oshkosh
I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract.
~~~0 ~
Edward A. Nokes .
Director of Finance
-3-
WINNEBAGO COUNTY
'7//1~d~
Mark Harris
County Executive
~-
AGREEMENT BETWEEN THE CITY OF OSHKOSH
AND WINNEBAGO COUNTY: PROVISION OF CABULANCE SERVICE
WHEREAS, Winnebago County desires to provide financial assistance to the City of
Oshkosh in providing transportation services to disabled citizens within the City of Oshkosh and
Winnebago County: and
WHEREAS, the provision of a Grant to the City of Oshkosh by Winnebago County will
enable the City of Oshkosh to provide transportation services to disabled citizens within the City
of Oshkosh and Winnebago County.
NOW, THEREFORE, IT IS AGREED between Winnebago County and the City of
Oshkosh as follows:
1. That Winnebago County agrees to provide a Grant to the City of Oshkosh in the
amount of $65,737 during the 2007 calendar year for the purpose of enabling the
City of Oshkosh to provide disabled transportation (Cabulance) services within
the City of Oshkosh during 2007.
2. That Winnebago County shall be provided access to the records of the City of
Oshkosh upon request so as to verify by audit or other means, that the Grant
monies provided herein are being utilized for the purpose of providing
transportation services to disabled citizens within the City of Oshkosh and
Winnebago County during 2007.
3. The City of Oshkosh agrees to indemnify and hold harmless Winnebago County,
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 expenses 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 transportation services under this
agreement including but not limited to:
A. Any personal injury or bodily lllJUry (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
-1-
~
Xl
D. Any breach or violation of any contractual provision of whatever
kind with any third party.
4. That Winnebago County agrees to indemnify and hold harmless, the City
of Oshkosh, including its directors, officers, employees, insurers, and
successes 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 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.
The intention of paragraphs 3 and 4 above is that each party shall be responsible for the
actions of its own employees and agents. Further this paragraph shall be construed
liberally in favor of the party seeking indemnification hereunder.
-2-
~
,~
';:
IN WITNESS THEREOF, the parties have caused this agreement to be executed by
their respective proper officers and affixed their corporate seals hereto this ~ day of
J q "\J Ci (,-, , 20~.
(
CITY OF OSHKOSH
\7/4~
Richard A. W ollangk
City Manager )
~!\Q~~~.'
Pamela Uhrig l
City Clerk
APPROVED BY:
L,
Ass! nt City Attorney
City of Oshkosh
I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract.
11h~ Q ~
Edward A. Nokes
Director of Finance
WINNEBAGO COUNTY
f1IJ~d~
Mark Harris
County Executive
;Juf W=-
l:e Ertmer
County Clerk
-3-
'. ~, .~
GRANT AGREEMENT
Between
WINNEBAGO COUNTY
and
CITY OF OSHKOSH - OSHKOSH TRANSIT SYSTEM
for
Transportation to the Elderly
This GRANT AGREEMENT is made and entered into this 15t day of January, 2007 by and between
WINNEBAGO COUNTY, hereinafter referred to as "COUNTY," and CITY OF OSHKOSH - OSHKOSH TRANSIT
SYSTEM, 926 DEMPSEY TRAIL, OSHKOSH, WI 54901, Transportation to the Elderly hereinafter referred to as
"GRANTEE", for the period from January 1, 2007 through December 31, 2007.
WITNESSETH:
WHEREAS, the COUNTY has applied for financial assistance to the Wisconsin Bureau of Aging and
Disability Resources; and
. WHEREAS, the COUNTY has provided monies for development of programs to older adults; and
WHEREAS, Winnebago County desires to provide financial assistance to GRANTEE in carrying out a
service to old~r adults in Winnebago County;
NOW, THEREFORE, in consideration of the mutual promises and covenants of the parties hereto, it is
agreed as follows:
SECTION I: RESPONSIBILITIES OF GRANTEE
A. GRANTEE agrees to use monies provided through this GRANT AGREEMENT to undertake the
aforementioned service program to older adults identified by name and generally as described in
the Winnebaao. Countv's Plan for Services to The Elderlv 2007-2008, which is hereby
incorporated by reference into this GRANT AGREEMENT.
B. GRANTEE agrees to obtain prior approval from the COUNTY if funds covered under this GRANT
AGREEMENT are to be used for purposes other than those described in Section III of the
aforementioned Plan and Budget.
C. GRANTEE shall adhere to Assurances of Compliance with Federal and State Regulations as
described in Section IV of the aforementioned Plan and Budget.
"([(- oYJ'
2007 GRANT AGREEMENT
. Page 2 of 5
SECTION II: BUDGET & PAYMENT PROCEDURES
A. COUNTY agrees to provide the GRANTEE with funding as follows:
$155.442.00 Total
B. GRANTEE agrees to provide at least the minimum matching share as follows:
$0.00 In Kind Match and/or Cash Match
The term "In-Kind Match" shall have a meaning as defined in the Wisconsin Aaino
Network Policies and Procedures Manual. Cash and In-Kind Match shall be applied
toward the cost of Older Adult program(s) funded through this GRANT AGREEMENT.
Insufficient match by GRANTEE may reduce the Federal and/or State funded amount.
C. GRANTEE agrees to provide to COUNTY monthly fiscal reports within ten (10) working days of
the end of each calendar month and to complete other reports as requested by COUNTY.
COUNTY shall reimburse GRANTEE within ten (10) days of the report due date with payment
based upon actual expenses reported by GRANTEE. GRANTEE agrees to submit a final year-
end report, if applicable, by February 18, 2007.
D. GRANTEE may in no case obligate Federal, State, or County monies provided through this grant
agreement beyond December 31, 2007. Obligated funds not actually expended by GRANTEE
must be returned to the COUNTY within thirty (30) days.
E. GRANTEE shall in accordance with the Department of Treasury Internal Revenue Service Tax
Equity and Fiscal Responsibility Act of 1982 submit to the COUNTY the GRANTEE'S Taxpayer
Identification Number and Certification by completing and signing the Form W-9 attached
hereto. COUNTY will comply with the reporting provisions assigned by federal and state tax
laws.
SECTION III: AUDIT AND RECORD DISCLOSURES
A. GRANTEE shall maintain financial and accounting records, supporting documents, reports, and
other materials pertinent to this GRANT AGREEMENT in accordance with the Wisconsin
Department of Health & Family Services Allowable Cost Policies Manual and shall retain such
records and supporting documentation for a period of at least three years from the date of
termination of this GRANT AGREEMENT.
B. GRANTEE shall, upon request, allow representatives of the Federal Administration of Aging, Bay
Area Agency on Aging, State of Wisconsin and/or COUNTY to have access to such records as
may be necessary to confirm compliance with the specifications of this GRANT AGREEMENT.
C. GRANTEE shall submit to COUNTY a certified annual financial and compliance audit report
completed in accordance with the Department of Health & Family Services GRANTEE Aoency
Audit Guide and (for governmental agencies) the Federal Government Office of Management and
Budget OMB Circular A-128 or (for non-governmental agencies) the Federal Government Office
of Management and Budget OMB Circular A-133, if required by amount of funding.
.- -:: --, '..
2007 GRANT AGREEMENT
Page 3 of 5
D. GRANTEE shall submit to COUNTY complete copies of all management and internal control
reports/letters prepared by the auditor. Copies of GRANTEE'S response to the reports/letters
shall be submitted to COUNTY. These documents shall be submitted to the COUNTY within
30 days of receipt and/or completion by GRANTEE.
E. In the event that the COUNTY determines that amounts are owed to it by the GRANTEE
subsequent to receiving the audit report, COUNTY is hereby authorized to deduct such sums from
any funds approved for payment by COUNTY to GRANTEE.
SECTION IV: HOLD HARMLESS
A. GRANTEE agrees that it will at all times during the existence of this GRANT AGREEMENT
indemnify and hold harmless COUNTY against any and all losses, damages and costs or
expenses which COUNTY may sustain, incur or be required to pay as a result of GRANTEE'S
acts or omissions in relationship to this GRANT AGREEMENT or in relationship to providing care
or services pursuant to this GRANT AGREEMENT.
B. In no event shall the making of any payment required by this agreement constitute or be
construed as a waiver by the COUNTY of any breach of the covenants of this agreement or a
waiver of any default of the GRANTEE and the making of any such payment by the COUNTY
while any such default or breach shall exist shall in no way impair or prejudice the right of the
COUNTY with respect to recovery of damages or other remedy as a result of such breach or
default.
C. GRANTEE is Independent Contractor - GRANTEE shall be treated as an independent
contractor and its employee(s) shall not be considered to be an employee(s) of the COUNTY,
Winnebago County, or its Human Services Department. COUNTY will not payor withhold
federal, state, or local income tax or other payroll tax of any kind on behalf of GRANTEE or its
employees. GRANTEE is not eligible for, nor entitled to, and shall not participate in any of
COUNTY'S pension, health, or other benefit plans. GRANTEE is responsible for the payment
of all required payroll taxes, whether federal, state, or local in nature, including, but not limited
to income taxes, Social Security taxes, Federal Unemployment Compensation taxes, and any
other fees, charges, licenses, or payments required by law. GRANTEE shall indemnify
COUNTY and hold it harmless against any fines, damages, assessments, or attorney fees in
the event that the GRANTEE, Grantee's employees or their agents challenge this clause in a
court of law and/or before any administrative agency or arbitrator for any reason.
SECTION V: AFFIRMATIVE ACTION/CIVIL RIGHTS COMPLIANCE
A. GRANTEE employs fewer than twenty-five (25) employees or has a total grant dollar amount of
$25,000 or less throughout this period and shall submit a Civil Rights Compliance Plan when
GRANTEE exceeds twenty-five (25) employees or $25,000.
B. In connection with the performance of work or the rendering of any services under this GRANT
AGREEMENT, the GRANTEE agrees not to discriminate against any properly qualified employee,
applicant for employment, or client because of any status protected pursuant to 5.111.321,
'.r "j'
2007 GRANT AGREEMENT
Page 4 of 5
Wisconsin Statutes, or developmental disability as defined in s. 51.05 (5), Wisconsin Statutes.
This provision 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.
1. GRANTEE agrees to post the Equal Opportunity Policy, the name of the Equal Opportunity
Coordinator and the discrimination complaint process in conspicuous places available to
applicants and clients of services, and applicants for employment and employees. The
complaint process will be made available in languages and formats understandable to
applicants, clients, and employees.
2. The GRANTEE agrees that through its normal selection of staff, it shall make an effort to
employ staff with special language skills or find persons who are available within a
reasonable time and who can communicate with non-English speaking clients; train staff in
human relations techniques and sensitivity to cultural patterns; and making the programs and
facilities accessible, as appropriate, through outstations, authorized representatives adjusted
work hours, ramps, doorways, elevators, or ground floor rooms.
SECTION VI: GRANT AGREEMENT REVISIONS AND/OR TERMINATIONS
A. Failure to comply with any part of this GRANT AGREEMENT may be considered cause for revision
or termination.
B. GRANTEE shall return any grant funds to COUNTY not used for the intended purpose stated in this
GRANT AGREEMENT.
C. Revision of this GRANT AGREEMENT must be agreed to by COUNTY and GRANTEE by an
addendum signed by the authorized representatives of both parties.
D. GRANTEE shall notify COUNTY whenever it is unable to provide the required quality or quantity of
services, Upon such notification, COUNTY and GRANTEE shall determine whether such inability
will require a revision or cancellation of this GRANT AGREEMENT.
E. If COUNTY finds it necessary to terminate the GRANT AGREEMENT prior to the GRANT
AGREEMENT expiration date for reasons other than non-performance by the GRANTEE, actual
cost incurred by the GRANTEE may be reimbursed for an amount determined by mutual
agreement of both parties.
F. This GRANT AGREEMENT can be terminated by 30-day written notice by either party.
SECTION VII: CONDITIONS OF THE PARTIES OBLIGATIONS
A. This GRANT AGREEMENT is contingent upon authorization of Wisconsin and United States laws
and any material amendment or. repeal of the same affecting relevant funding or authority of the
COUNTY shall serve to terminate this GRANT AGREEMENT, except as further agreed to by the
parties hereto.
B. Nothing contained in this GRANT AGREEMENT shall be construed to supersede the lawful powers
or duties of either party.
-.j.
2007 GRANT AGREEMENT
Page 50f 5
C. It is understood and agreed that the entire GRANT AGREEMENT between the parties is contained
herein, and that this GRANT AGREEMENT supersedes all oral agreements and negotiations
between the parties relating to the subject matter thereof.
D. GRANTEE shall comply with Wisconsin' Administrative Code Chapters DHFS 12 and'13 and any
related statutes in relationship to all persons employed or contracted with by GRANTEE to provide
any services pursuant to this GRANT AGREEMENT and shall provide COUNTY with appropriate
proof as to said compliance.
,-, .- ..'...
SECTION VIII: GRANTEE'S LEGAL STATUS
GRANTEE warrants that it has complied with aU necessary requirements to do business in the State of
Wisconsin, and that the persons executing this agreement on its behalf are authorized to do so.
GRANTEE shall notify COUNTY immediately, in writing, of any change in address or GRANTEE'S legal
status.
SECTION IX: AUTHORIZATION
COUNTY enters into this GRANT AGREEMENT pursuanfto and by authority of the Winnebago County
Commission on Aging and WinnebagpCpunty Board of Supervisors. GRANTEE enters into this GRANT
AGREEMENT pursuant to and by authority of its Board of Directors, City Council, or other governing
body, which has legal authoritytOenterinto contractlJalagreernents.
GRANTEE
WINNEBAGO COUNTY by its DEPARTMENT
OF HUNiAN SERVICES (COUNTY)
-\Wi~
Signed by:
-7A1d#~ ....
Winnebago County Executive
~'..."~;J!7!o7 .
I / Date
I,-/.:r~ .2bP 7
Date
, /Z.. ()7
Date
>. ~:s.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be
executed by.their respective proper officers and affixed their corporate seals hereto as
of the day and year first above written.
CITY OF OSHKOSH
'~~
RICHARD A. WOLLANGK
CITY MANAGER
PAMELA R. UBRIG
CITY CLERK
APPROVED BY:
I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract.
~~&~
EDWARD A. NOKES
DIRECTOR OF FINANCE
~
;.. r,
AGREEMENT BETWEEN THE CITY OF OSHKOSH AND
AMERICAN RED CROSS OF EAST CENTRAL WISCONSIN FOR THE PROVISION OF
TRANSPORTATION SERVICES
WHEREAS, it has been determined to be beneficial to the City of Oshkosh and American Red
Cross of East Central Wisconsin to have the City of Oshkosh assume the responsibility for the payment
of transportation services provided for by American Red Cross of East Central Wisconsin.
NOW, THEREFORE, IT IS AGREED by and between American Red Cross of East Central
Wisconsin and the City of Oshkosh, that the City of Oshkosh will accept billing from American Red Cross
of East Central Wisconsin for calendar year 2007 and will provide payment to American Red Cross of East
Central Wisconsin for transportation services performed. .
American Red Cross of East Central Wisconsin agrees to pay the City of Oshkosh 71.0% of the
transportation costs provided for and by American Red Cross of East Central Wisconsin. lfthe total cost
of transportation services provided by or for American Red Cross of East Central Wisconsin in 2007
exceeds $178,000, American Red Cross of East Central Wisconsin shall pay 100% of the transportation
costs. This agreement shall remain in effect during the calendar year 2007.
That American Red Cross of East Central Wisconsin 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 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.
The City of Oshkosh agrees to indemnify and hold harmless American Red Cross of East Central
Wisconsin, 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
1
-Jt'.':",
way related to the provision of 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.
American Red Cross of East Central Wisconsin agrees to maintain worker's compensation insurance
in accordance withthe statutory requirements ofthe State of Wisconsin.
American Red Cross of East Central Wisconsin 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 American Red Cross of East Central Wisconsin 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 American Red Cross of East Central
Wisconsin 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.
American Red Cross of East Central Wisconsin agrees to be subject to the rules and regulations if
the Wisconsin Department of Transportation (WISDOT) and the Federal Transportation
Administration (FT A) under the provision of the Urban Mass Transportation Act of 1964, as
amended. It includes the attaclnnent "Supplement - Federal Regulations" except the term listed in
paragraph 2 is amended to run concurrently with the term ofthis agreement.
2
IN WITNESS THEREOF, the parties have caused this agreemwt to be executed by their respective
proper officers and affixed their corporate seals hereto this 10 'Clay of fJ~~ '
20~. .
CITY OF OSHKOSH
AMERICAN RED CROSS OF EAST
CENTRAL WISCONSIN
'74~
Richard A. W ollangk
. Ci!y~anager ..
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(~..... . \. . ., .. ..-- . . /
Pamela Uhrig
City Clerk
'fM1il tdl()rJ .. .'
I II) t(;Y'\ W\ oM-p}w e,eUA;h K,
l-t. lA,{~DY\
APPROVED BY:
~.)~o~
~ orenso .
Assistant City Attorney
I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue
under this contract.
yn . . r:
wA./v"(,;;\D (A. \R:J...J
Edward A. Nokes
Director of Finance
City of Oshkosh
3
APPENDIX A
FEDERALL Y REQUIRED CONTRACT CLAUSES
To be included in thirdpartv transit contracts
(Updated 11/02/2004)
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 acc?rdance with 49 CFR,Part 605. All vehicles operated by
the transit system will remain open to the public at all titnes and will be clearly marked for public
use.
2. Energy Conservation
The Recipient. agrees to comply with the mandatory energy efficiency sta11dards 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 ofthe 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 OrderNo. 11738, "Administr(j.tion of the 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) lf
anyfunds 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 andsubmitStandard 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 forall
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~ssuranceis a materialr~presentatioll 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 by31U.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 arici publicIJrocessin thes~licitatioI1,
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 ofthe notice ofintent to awardor 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 tothe 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 cOlnpetitive bidding for a capital or
improvementProject, 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 ofthe 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 t? applicable FT A regulations, policies, procedures, and
directives, including those directly listed or included by reference in FormFTA 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 U.S.c. SS 7401 et seq., In addition:
(a) The Recipient agrees to comply with the applicable requirements of the 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 "Deterniining 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 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 oflarge 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 PollutionfromMotor
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. 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 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 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 wholeor
in part with Federal assistance provided by FTA. lt 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 ofthe 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 Proj ect.
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 contractor 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 Act of 1986 on the Recipient to the extent the Federal Government deems
appropriate.
, '
. .' " ,.' -, ." .
B. The Recipient also ackiiowledges thatif itll1akes, or causes to be mad.e, a false,flctitious,
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)(1) on the Recipient, to the extent the Federal Government deemsappropriate.
C. The Recipient agrees to include the above twoclauses in each subcoIltrac~ finallped. iJ:l
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 anytime that the Secretary determines
thatthe Recipient or their subcontractor has failed to perform in the manner called for in
the contract or has failed to fulfill cOlltract 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 Qrder 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 sll1:>pontI"aetors,.a.n:d9(rntI"a9t~a].l~ ~llbsontracts_,
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
informationrestrictions andother applicable requirements ofthe Privacy Act of1974, 5 USC S
552a. Among other things, the recipient agrees to obtain the express consent of the Federal
Government before the recipient or its employees operate a system of records on behalf of the
Federal Government. The recipient understands that the requirements of the Privacy Act,
including the civil and criminal penalties for violation of that Act, apply to those individuals'
involved, and that failure to comply with the 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 byFT A.
14. Civil Rights
The Recipient agrees that it will comply with Title VI ofthe Civil Rights Act of i 964 and all
U.S. Department of Transportation regulations relating to enforcement of that Act. The following
specific requirements apply to this contract:
, .
, "
Nondiscrimination - In accordance with Title Vl 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, section202 of the Americans with Disabilities Act of 1990,42 USC S 12132, and
Federaltransit 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 Vllofthe Civil
RightsAct, as amended, 42 USC S 2000e, and Federal transit 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, II 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246,
"Equal Employment Opportunity," as amended byExecutive 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 pay or 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 sectlo114 ofthe 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 FTAIllay issue.
. -, " '-' - - - '-. ' - , " " . .
(3 ) Disabilities- . rii~6~oidai{6~irithsectio~"'102 oft~ekie~~ans' ~iihDisabilities Act,
as amended, 42USC S12112, the Recipient agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the
ReCipient agrees to comply with any implementing requirements FT A may issue.
'-:"', , _.' - .
, . - ',.,.- .. ,,' '. ,-'
,;'. . .. " - , .:," ~.- - ,'. '.. .. ,", " , ,.' -' '.' ,. -" '. , - .. -, -' ".' ", ""-,
The Recipient also agrees to in~lude these requi:reme~ts in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to
identifY the affected parties. '
All contracts in excess of$100,000 shall contain provisions or conditions which will allow for
administrative, contractual, or legal remedies iri 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 awritten 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 V.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 oftne U.s. DepartrnentofTransp01iationthat disadvaritaged
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 CFRParf 26 have the opportunity to participate in
the performance of contracts and subcontracts financed inwhole 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,
All contractual provisions required by theUSDOT, as setforth in FTA Circular4220.1D, dated
April 15, 1996, or any subsequent amendments, are hereby incorporated by reference. Anything to
the contrary herein notwithstanding, all FTA 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 anyact; 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.
The Recipient agrees to comply with the following Federal substance abuse regulations:
(I.. 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. FT A regulations, "Prevention of Alcohol Misuse
and Prohibited Drug Use in Transit Operations," 49 CFR Part 655, to the extent applicable.
The Recipient agrees that it will comply with all requirements of Section VII of FT A Notice,
"FTA National lTS Architecture Policy on Transit Projects, "66 Fed. Reg. 1459, January 8,2001,
in the course of implementing an lTS 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 lTS Architecture) and Section Vr(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 mad~ available to persons with
disabilities, inclu.ding any subsequ~nt amendments to that Act, and with the Architectural
Barriers Act of 1968, as amended, 42 U.8.c. 994151 et seq., which requires that buildings and
public accommodations be accessible to pe:sons with disabilities, including any subsequent
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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 lndividualswith 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 re&ulations, "Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles," 36 C.F.R. Part 1192 and 49C.F.R. Part 38;
(4) U.S. DOJ reguhitions,"N:ondiscrimination 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 1620;
(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. ATBCBregulations, "Electronic and Information Technology Accessibility Standards,"
36 C.F.R. Part 1194; and
(10) FTAregulations, "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 ormore, the
Recipient agrees to specify the amount of Federal assistance to be used in fniancing 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 transit/FTAlssues/federally required contract clauses (operating) Nov04
\~ }l<
AGREEMENT BETWEEN THE CITY OF OSHKOSH AND
CEREBRAL PALSY OF MIDEAST 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 mc.
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 n,on-schooltransportation services performed.
Cerebral Palsy of Mideast WisconsinInc, agrees to pay the City of Oshkosh 71 % of the non-school
transportation costs provided for and by Cerebral Palsy of Mideast Wisconsin Inc. If the 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
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
1
~" .'~
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.
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....'.......'............-. ..-.-........-.'....'.-....."..'..'.--... .....,...-.............'.-.. ". ......"'..........-...- '. ',.....-... .............,..-...::.
Any hlwsuit brought or threatened settlement reachedorlocal, state,. 01' federal government
or agency order, including, but not limited to claims, costs, liabilities, or expenses arising
from federal, state, or local law;
c.
Any violationoflaws, orders, regulations, requirements, or demands of any governrnental
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'scompensa.tion insurance in
accordance with the statutory requirements of the State of Wisconsin.
" :-;,-'.>-.'
The insurance specified aboveshall be anacc~ptable insunUlceeompanyallthorizedto 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 of30 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 recoll1111ended 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 if the 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.
2
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 iIlcluded in
this program. Enclosed (Appendix B) is Oshkosh Transit's drug and alcohol policy manual for paratransit
providers.
.......... ............ ..........
, ',-,.-: --, >
All providers of para transit service are required to participate fully in O~hkosh 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 willbe 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 r~lationship with Oshkosh Transit.
Cerebral Palsy ofJ\1ideast Wisconsin Inc. will be required toprovide Oshkosh.Transitalist 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. Itwill include the official or employee's name, position, and
socialsecuritynumber. Updates will be due monthly onthe 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 thefinanc.ial 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 progra:i:n.
IN WITNESS THEREOF, the parties have caused this agr~ent to be executed by their respective
proper officers and affixed their corporate seals hereto thisl21 (lay of r;;}/P7UA'A~'
20i!t t/
CITY OF OSHKOSH
CEREBRAI.., pALSY OF MIDEAST WISCONSIN
INC.
'9/A~
RichardA. Wollangk
City Manager
.................;;~!/4-
Todd M. Miller
President - Board of Directors
~A:~
. TNESS
APPROVED BY:
~~V
. . . renson
Assistant City Attorney
I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue
under this contract.
~Ah.i! Qj .~
Edward A. Nokes
Director of Finance
City of Oshkosh
4
.r:
APPENDIX A
FEDERALLY REQUIRED CONTRACT CLAUSES
To be included in third party transitcontracts
(Updated 11/02/2004).
The Recipient agrees that it will not engage in charter>oi'sightseeitlg 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 with49 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 sta11dards and policies
within the applicable State energy conservation plans issued in compliance with the Energy
Policy and Conservation Act, 42 U.S.C. 996321 et seq.
The Recipient agrees that it will comply withU.S. Department of Transportation regulations
relating to the Federal Water Pollution Control Act, as amended, 33 USC 9 1251 et seq. In
addition:
(a) The Recipient agrees to protect underground sources of driIlking w'atercol1sistent with
the provisions of the SafeDriIlking Water Act of 1974, as amended, 42 V.S.C. 99 300fet
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 theFederal
Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42
U.S.C. 9 7606 note.
The Recipient, in compliance with 49 CFl{ Parts19 an4 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 orgrant, the Recipient shall complete and submit StandardForm-LLL,
"DisclosureForm to Report Lobbying," in accordance with its instructions. (3) The Recipient
shall require that the language ofthis 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 certifyand disclose accordingly.
This. assurance isamat~rial representation of fact upon which reliance was placed when this
transaction was inad~o~enteredinto. Submission of the assurance and c~rtification 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
disclosureform shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 foreach such expenditure or failure.
. ,..'
" -, ",,: "':". .,;..,,, -, ,-- "
It isthe policy of the Departmenttomaintain an opena1ldpublicp;ocessi~tiies6iicitation,
submission, review, and approval of procurement activities related to thi~ contract. Bid/proposal
openings are public unless otherwise specified. Records may not be available for public
inspection priorto issuance ofthe notice of intent to award or the awardofthe 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 notbeenawarded onthe basis of competitive bidding for a capital or
improvement Project, as required by49U.S.C. 9 5325(a). The Recipient further agrees to require
its third party contractors and third party subcontractors at as many tiers ofthe 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.
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The Recipient agrees thatit wilfcomply with 49 CFR Part 18; U.S. Department of
TraJ1sportation regulations relating to applicable FTAregulations, policies, procedures, and
directives, including those directly listed or included by reference in Form FTA MA (6) dated
October, 1999, as they maybe amended or promulgated fromtime to time during the term of this
Contract Recipient's failure to so comply shall constitute amaterial breach ofthis 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 anyyear._The Recipient agrees to comply
with.all applicable regulations, standards, orders, and requirements implementing the Clean Air
Act, as amended, 42 U.S.C. 99 7401 et seq. In addition:
(a) The Recipient agrees to comply with the applicable requirements of the U.S. EP A
regulations, "Conformity to State or Federal Implementation Plans of Transportation
Plans, Programs, and Projects Developed, Funded or ApprovedUnder Title 23 U.S.c. or
the FederalTransit 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 theProject. 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 ltnplementation 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 ext<;mt they are applicable to the Project: "Control of Air Pollution from }\1otor
Vehiclesand}\1ot8r'y~hicle.Engiries," 40 C.F.R. Part85; "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
ofExecutiye Order No.1 1738, "Administration of the Clean Air Act and the Federal
Water pollution Control ActwithRespect to Federal Contracts, Grants, or Loans," 42
U.S.C. S 7606 note.
> , " " " '.- ,'--' : -',,- '-"-'" -. "":
TheRecipientagre~stliati1:wiiI comply witli42 USC~ 6962etseq.,'40CFR part 247, and
Executive Order 12873; U.S.DepartmentofTransportation regulations relating to recycled
products. This requirement applies to all contracts designated by the EPA, when the purchaser or.
contractor procures $10,000 or more of such items iIl.a fisclll year, or when the cost of such items
purchased during the previous fiscal year was $10,000, using federal funds.
. The ~ecipient agre~s that if will comply the U.S. Department of TraIlsportation regulations
relating to contracfualli~bility ofthe Federal Government to third parties as follows:
., ".-',-"
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Th~...~ecipient and coht;~~t~;.a~k11~"'I~di~ah<l:agr~et1lat,iibfWitli~tanding any
~oncllrrence?y the Federal Government in or approval of the solicitation or awardofthe
.'underlyingcoil'tract, absent the express consent by the Federal Government, the Federal
Government isuotaparty 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 FT A. It is further agreed that the clause shall
not be modified, except to identify the subcontractor who will be subject to its provisions.
10. Program Fraud and False or Fraudulent Statements ahcl Rela.ted 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 statementit 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
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.,
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 if it makeS, or causes tobe made, :false, fietitious,
orrraudulentclaim, statement, submission, orcertificationto the Federal Government
under a contract connected with a project that is fmanced in whole orin part with Federal
assistance originally awarded by FTAunder the authority of 49USC S 5307, the
Government reserves the right to impose the penalties of18 USC S 1001 and 49 USC S
5307(n)(1) on the Recipient, to the extent the Federal Government deems appropriate.
C. The. Recipientagreesto inchid~the above fWoclaus~~in each s~bcontractfinanced in
whole or iupart with Federal assistance provided byFTA. It is further agreed that the
clauses shall not be r:l1odified,except to identify the subcontractor who will be subject to
the provisions.
A. The Department may terminatethis.Contra,ct.atanytime thaItl:1e Secretary deterinines
. that the Recipient or their subcontractor has. failed to perform in the ma.rir1er c~lle<iJo~ in
the contract orhas failed to fulfiUcontract 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 ifsodirected by their appropriate governing
body for whatever reason such request to terminate is made.
Both parties agree thatnotice ofintent toterminate the contract shall be made in writing
through "return-receipt certified mail," at least 30 caiendar days prior to the proposed
termination. date.
D.
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Upon termination of this Contract under the provisions of paragraphs A, B. or C of this
Article, the Recipient agrees to dispose ofthe 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 contr~ctorsand subcontractors and contracts and subcontracts
over $25,000. The certification andinstrllction language is obtained at 29 CFRPart 19, Appendix
B, and musthe 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 tobe awarded.
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 oftheFederal
Government before the recipient or its employees 'operate a system of recordsoribehalf of the
federal Gove1'11l11ent . The recipient understands that the requirements of the Privacy Act,
including the civil and criminal penalties for violation of that Act, apply to those individuals
involved, and that failUI'e to co... mply with the terms of the Priv. ac.y Act may result in termination
. . .
of the underlying contract.
....' ",': -,',','.' --' -' , -, -, - ' ", ',", -', ,-'
................,---""'-- ,-.'" - ,." , '
The recipient also agrees. to include these requirements in each subcontraCt to 'adrllinister any
system of records on behalf ofthe FederaIGovemment fmanced in whole or in part with Federal
Assistance provided by FT A. .. .
:-.,"-- .-,', - ,-,-"," - ,":'
The Recipient agrees that it will comply with Title VI of the Civil Rights A6tof 1964 and all
U.S. Department of Transportation regulations relating to enforcement of that Act. The following
specific requirements apply to this contract:
" ,..-.'" ""-,.",",, - - '-, '"
.. .- _ _ . ... ..... ..... ....... ..... ........,- '''.' .- ,- .. ... ... ....... . ....:-'... . .... ./".. .... ..........
Nondiscrimination - In accordancewith TltIe VI ()fth~Ci\,ilRights Act, as ainended, 42
use S 2000d, section ~03 of the Age Discrimination Act of 1975, as amended, 42 USC S
6102, section 202 of the 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 anyernployee 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 applicableFederal implementing regulations and other
implementing requirements FT A may issue.
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,'" ",~",,,,,,,;,,,.., ,'>-:':<"'-""-" .-,'-,<",':, ,,', :,~",-,-.""-;""-,:",,,',-';-:"'-:,:,,.:
Equal Employment Opportunity ~The fOllowing equal employment opportunity
requirements apply to the underlying contract:
(1) Race. Color. Creed. National Origin. Sex - Inaccordance with Title VII of the Civil
Rights Act, as amended, 42 USC S 2000e, and Federal transit 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. Parts60 et seq " (which implement Executive Order No. 11246,
"Equal Employment Opportllnity," as amended by Executive Order No. 11375,
"Amending Executive Order 11246 Relating to EqualEmployment Opportunity," 42
USC S2000enote),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 Proj ect. The Recipient and contractor agree to take
affirmative action to ensure that. applicants are employed, and that employees are treated
during employrilent,without regard totheir race, color, creed, national origin, sex, or age.
Such action shall include, but not be limited to, the following: employment, upgrading,
demoti9n or transfer; recruitnientor recruitment advertising, layoff or termination; rates
of pay or 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.
11
.- ' - -- ,', -- .,' -., '
(2) Age _ In accordance with seCtion 40ftheAge Discrimination in Employment Act of
1967, as amended, 29 USC ~. 623 and Federal transit law at 49 USC ~ 5332, the Recipient
and contractor agree to refrain from discrimination against present andprospective
employees for reason of age. In addition, the Recipient and contractor agree to comply
with any implementing requirements FT A may issue.
. . . .'.<:..,,"/.r:r.c:{.:::./:.<..}'" .../.;.......d. . .... ......
(3) Disabilitles- In accordance with section 102 oftheAmericanswithDisabiiities Act,
as amended, 42 USC. 9 12112, theRecipientagreesthatit willcomplywith the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
C.F .R.Part 1630, pertaining to employment of persons with disabilities. In addition, the
Recipient agrees to comply with any implementing requirements FTA may issue.
':",-,,' .',,--,'
<_'i::'::;'-:'--: ::--..<, " ,'"> ," "-"::"""",,,-,.::,, ':":,':-, ,-
.-/ - ",.'.-, " ",- ,,'-:.-,- ',< ,.:,' ,- '-.. ' -, ,- ...- - .';
C. . The Recipient also agrees to include these requirernentsiIl ~a.chsubcontract~nanced in
whole or in partwith Federal assistance provided by FTA, modified only if necessary to
identify the affected parties.
All contracts in excess of $1 00,000 shall contain provisions or conditions which~ilrali6w for
administrative, contractual, or legal remedies in instances where contractors violate or breach
contractterms, 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 contractthat 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 decisionshall 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,. .Ineonnection with any such appeal, the Recipient shall be
afforded an opportunitytobe 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 indispute are being resolved.
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 v.S.C. A5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any
amendments thereto.
Policy. It is the policy ofthe U. S. Deparlmerii()fTransportatioAthatdisadvantaged
business enterprises (DBE). as defined in 49 CFR Part 26 shall have the opportunity to
participate in the performanceof contracts financed in whole or in partwith 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 t6ensllre that disadvantaged
businessenterprisesasdefined in 49 CFR Part 26 havethe opportunityto participate in
the perforriianceof contracts and subcontracts financed in whole or in part with Federal
funds provided under this Agreement. In this regard, all recipients or contractors shall
tah~all:necessafyand reasonable steps in accordance with49 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.
'. ........ ......:.... .................. .. ... .. .... ... . .......... .. .... ..........
, ., ,.,' ' . - , .
All contractual]?roVlslollsrequired by the USDOT, as set forth in FTA Circular 4220.lD, dated
April 15, 1996 or any subsequent amendments, are hereby incorporated by reference. AIlything to
the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the
eventofa 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.
The Recipientagrees to comply with the following Federal substance abuse regulations:
,.' '- ..' ---.... .' -' " ,.,' '-"'..
a. prug-Free Workplace. U.S. DOT regulations, "Drug-Free Workplace Requi!ements(Graiits)/'
49 C.F.R. Part 29, SubpartF, as modified by 41 US.C. ~~ 702 et seq.
.... . .... .... ............... .. .. .. .... . .. ....'. ,',-, . ... .. ... '_:.. ....
b. Alcohol Misuse and Prohibited Drug Use. FT A regulations, "Prevention of Alcohol Misuse
and ProhibitedDrug Use in Transit Operations," 49 CFR Part 655, to the extent applicable.
20.. Intelligent TranspOli~ti6nSyst~mPrbgra.m...
The Recipient agrees that it~iir~~ITiply With all requiremel1fsb:f Secti.6nVII ofFTAN~tlce,
"FTANationalITS Architecture Poli~yonTransit 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 subrecipientsto comply, with all applicable
requirements imposed by Section V (Regional ITS Architecture) and Section VI (Project
Implementation) ofthat Notice. I
21. Access Requirements for Persons with bisabilities
, , "",-".'", '-:-
The Recipient agrees to complywith the requirements of49 U.S.C.S 5301(d),V\'hi~h 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 Actof 1990 (ADA), as amended, 42 U.S.C.SS 12101 et
seq.,whichrequires 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 D.S.C. SS 4151 et seq., which requires that buildings and
publicaccommodatiortsbe accessible to persons with disabilities, including any subsequent
amendments to that Act In addition,theRecipient agrees to comply with all applicable
requirements of the following regulations and any subsequent amendments thereto:
,..-"'-:. ". ::,,-':- :~:,"_.-','~~:;";;':i"':,_: ',.::;.,,',: ~":'>":' ::-" <>. - ":;',',::,,;' ~ ,'n,',', :~.:': '_~ :,<_:,:::;- .',:'i ::-,>_:.::',:.: ,- -:_:' s_ ,,~.:',>, ,: :', ;-',. ,:', - ,- <,'., ." ,'-'-'
(1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49
C.F.R. Part 37;
" '_ _',,_, '" ,_n_",_ -'"-"'-", '_:.. ' : ,,' .'H_, "';-'_' .-' ,',-' " ",:".:_-,- "" ,,,-' ,--..',
(2) U.S. DOT regulations,"Nondiscrimination on BasisofH3rldicap In Programs and
Activitcies Recehring or Benefiting from Federal Financial Assistance,"49 C.F.R. Part 27;
(3) Joint U.S. ArchitectUral ~dTran;p~rt~tion Ba~iersC~lTIpliaIlceBo~;d(U.S. ATBCB)f(J.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;
- ".', ' " . -. ,,'- - "",-, -'- - , ",-,', '-".
,: - c,', _:,:>_' ", _:.--, "_:' .. '::_"_""_'"'' ,":_ :'"'_">'_'-._--~,':" "n."."_ ..>->,:, _ ,.-, '.:,:-
(5) U.S. DOJ regulations, "Nondiscrimination on th~ Basis of Disability by P~blic
Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;
.. ' .
" ,-
',_' ',',,' ,.,' . .',,'C,_ _ -' ",:' ;'-, :.
(6) U.S. GeneralServicesAcl.ministration(U.S. GsA) regulations, "Accommodations for the
Physically Handicapped, "41 C.F.R. Subpart 101-19;
" ' ;:,-:"..",- ,.,-.'. .,-, -'., - ',-,,-. ,','-,--.'
. (7) U.S. Equal Employment Opportunity Commlssion~ 'fReguiations to Implementtlle Equal'
. Employment Provisions of the Americans with Disa?iWiesAct," 29 C.F.R. Part 1630;
(8) U.S. Federal Communi~ations C~rrlll1issi~n regt1iation:~, "TelecorrlmllIlication:s 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, "F:Iectronic' and Info~ation TechnologyAccessibilityStandards,"
36 C.F.R. Part 1194; and
,-'. ',- "",-' - ", -,- ,- .
(10) FT A regulations,"Transportati~n for Elderly and H(l11dicap;~d.Peisons,;~ 49'C.F i. Part' ,
609;
22. Notification of Federal Participation
'.'. '. '-".. '.' .... . ..,-,',' . ...... '. ...... ......... ....'
To the extentrequiredby 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 transit/FTA Issues/federally required contract clauses (operating) Nov04
.) .. j 'f!
\ (..
,~
OSHKOSH TRANSIT SYSTEM
DRUG AND ALCOHOL TESTING POLICY
MAY 8, 2001
S\T SYSTEM
THE OSHKOSOHH-gr~EST\NG PO)UCY
G ANO ALe .RY 11996
ORU (EFFECT\YEdJAM~U'f ~ 2001)
\ (RevIse. 1
. ....theresidents.of.
\NTRODUCTiON ..... a vital public servlc~itt~ervices ar~de\l~\\
Oshkosh Transiw~~t;:6g~~~~~J to e~~~~ri~t~~~r~~~nd a\coho\ testmg P
nebago c~ur>>'ee environment. Oshkos>>i .... ... ............/. .f
J and aleo 0 .... . .. ..'. .. ned duties in a sa
an perform theIr ass1g
Assure that employees c . ... . . T . f drug and ale
Qroductive man7er. free from the adverse effec so.. .'
C~eate a workp ace.. ..... .. .... ...................f aratransit organlzatlo
~~~~~~'that all safety.t1enps:~~~*ePt~~~~r;~~les areTcoveft~*under
with Oshkosh Tralnt~1 0 as employ.ees of Oshkosh ransl.
and alcohol regu a Ions .
...... .. .......d as those that perform any of the .follm
;afety-sensitive employees ar.e defihfcle even if it is not in revenue service;
gp~~~iI6~ 6}~ ri~v~~~:e~~~I~:~~e vehicle that req~ires a ~D~;
DPs ateh of controlling movement of a .revenues~rvlce vehlcl~1
Ma~tenance. of a revenue service v~hlcle .9r~9~,pment us.ed In revenue se!
Carrying a firearm for security purposes.
Safety-sensitive personnel of private transit or paratransit organizations sh
:tier t.lie s.ame gUidelines asemPlo.yeesof th.e O. ~hko~h TranSit System. Un
3ted, they will also be defined as employees In thiS pohcystatement.
you have any questions or concerns regarding this policy, con.tact the
Ipervisor, Oshkosh Transit System, locatea at 926 Dempsey. Trail, Oshk(
0/232-5340.
PURPOSE
~~~~:~T~~~h~~~~~~~ f~~~;:~fii:f~;if~!~~I~ ~~t~g~i~~gfa1~~rJ~
:mdea to comply with all applicable Federal regulations governing workplace E
~ and misuse in the transit industry. Regulations issued by the U.S.
lnsportation and the Federal Transit Aaministration mandate urine drug testin
~atti alcohol testing for safety-sensitive positions.* This policy document sets fo
lnsit System alconol and drug abuse program and .the conduct and testing rep(
safety-sensitive employees and those safetr.-sensitive personnel employee
anizations that contract with Oshkosh Transi . .
APPLICABILITY
:) policy applies to all transit system employees. It also applies to all perse
sitive pOSItions in transit organIzations that contract to provide transit or para
I Oshkosh Transit. Participation in the Oshkosh Transit System's drug and
~ram is a requirement of each safety-sensitive employee, and therefore, is
)IOY. ment with the Oshkosh Transit System and contracted transportation provi<
~ffe<?t whether they a~e on transit property or when performing transit related I
It/on In Oshkosh or Wmnebago County. All of the mdlvlduals covered by thi
~ct t~ specific alcohol and drug testing a~ required by federal regulations. A ~
:tlon IS any duty related to the safe operation of mass transit or paratransit ser
1
," t1ie 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, op. iates, Phencyc.lid.in. e.. '. (PC.. P)'. and cocaine. It. also include. s an.y drug not approved
for medical use by the USDA or the USFDA. Illegal use includes: use of or impairment by any
illegal drug, misuse of legally prescribed or over the counter drugs, or illegally obtained
prescription drugs. '., .........t.>.'. .,...................
To~~ ~~~~ ;~Io~:~~ifgr'in?~;~1';,'~~~~~~~rrPv~'Zn~~g~C~ti~~ocg~~~iigiir~~~1co hili during"! upta
V. PROHIBITED CONDUCT
A. FEDERAL GUIDELINES FORPRQHIBITED CONDUCT
These guidelines are according to Federal Transit Adrninistratiorl regulations concerning
prohibited conductfor safety-sensitive employees: .'
1. Using or possessing alcohol while on duty. NOTE: Federal Regulations include
medications containing alcohol in the substances banned from use or possession
in the workplace. Therefore employees will not be assigned to safety-sensitive
job functions while using or possessing prescription or non-Rrescription medication
If such medication contains any measurable amount of alcohol. It is the
resRonsibility of the employee to notify his/her supervisor of their use of any
meaication cOlltaininga 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 testthat jsreqlliredby this Policy.
B. OSHKOSH TRANSIT PROHIBITED POLICIES
These practices are specifically prohibited under OshkoshTransit 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.' " '
63
64
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68
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,00
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02
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12
13
14
15
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17
18
19
20
21 .
22
23
24
25
2.
3.
4.
5. Providing false information concerning a test, or falsifying test results through
tampering, contamination, adulteration or substitution of test samples.
-L,4b' .
c~27 if'
,~28
~29
230
231
132
133
134 VI.
135
136
137
138
139
140
141
L42
L43
L44
~45
.46
.47
.48
.49
.50
51
52
53
54
55
56
5.7
58
59
60
61
52 B.
53
54
:;5
:;6
,7
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3
4
5
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7
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L
2
Retusing to sign an employee acknowledgement form or failure to participate in
requirecf drug/alcohol training before worKIng in a sensitive-:safety position after
January 1, 1996. . .
Any ~mR'oyee who violates any of these rules set forth is subject to discipline, upto and including
termmation. . ...... ......
b.
REQUIRED TESTING SITUATIONS AND PROCEDURES
All safety sensitive employees will be subject to testing after January 1, 1996. All safejy sensitive
employees are required to take drug or alcohol test wnen requested by a supeNisor. These tests
may be conducted justbefore, during, and just afterperforming 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 app1icaole 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 or 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 5e' subject to the same procedures as the prospective
employment except a positive test will automatically result in disqual,ificationfor 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 under the
guidelines specified in Section VII/Part C of this policy statem,ent. " F, T A Regulations
(effective May 10, 1995) no longer require pre-employment alcohol testing.
Reasonable Suspicion Testing- A safety-sensitive employee can be subjected to
reasonable suspicion testing if a supeNisor 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 subsfance withdrawal, speech, breath, odor, indication of chronic
effects of control/ed substances. The supervisor may act if he/she believes the
employee is under the influence of controlled substance prior, during or after the
performance of a safety-sensitive function.
This behavior or impairment is obseNed to prior, during or after the performance of
safety-sensitive functions.
If the supervisor believes that reasonable suspicion testing is warranted, the foHowing
steps should be followed:
a) The, employee should be removed from the safety-sensitive function
immediately. ,',
The supervisor should escort the employee to the drug/alcohol testing site.
The alcohol test shall take place no later than (8) hours and the drug test no
later than (24) hours after the reasonable suspicion is determined. If the
alcohol test shall take place more than (2) hours but less than (8) hours after
the reasonable suspicion is determined, the supeNisor will be required to
complete a report explaining the reason for the delay.
2.
b)
. .. . - - ,
Random Testing - All employees in safety-sensitive 1J0sitions will be sUbjecfto 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 tfle testing pool; drug tests will be 50 percent of employees in
the pool. These testing levels are basecf uQon Federal Transit" Administration
requirements. Testing levels will change if required Federal Transit Administration Testing
levels change.
oC,cupa,t,iona, f, H", e,alth" S,Ys, tem"s w, ill select ernploy-eesfor random te, s,ting ,USing a scientifically
valid method of random number generation. The method will consist of computer basea
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: ' , ,
1-~0
191
1-92
193
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209 C.
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224
~25
~26
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~2 9
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~31
~3 2
~ 33
:34
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38
3.9
40
41
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43
44
45
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48
49
50
51
52
3.
4.
5.
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 allowedto drive homeifthe alcohol testand 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 will be removed from their
record. If the drug test is positive, they will be subject to the discipline procedure
associated with a positive drug test. .
The supervisor will complete and sign a copy of the Reasonable Suspicion
Observation Form within 24 hours of-removing the employee from the safety-
sensitive function.
6.
7.
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 men.
The. trar]sit vehicle or any veh,icle Involved in the flcciqent is towed. OR the transit
vehicle IS removed from service as a resultof dIsabling damage Incurred In the
accident.' "
The employee will report the accidentto their supervisor immediately. If no supervisor is
on duty, supervisors will be contacted according to the Supervisor Call-out Schedule.
Failure tocontact 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 testing site.
The alcohol test shall take place no later than (8) hours and the drug test no laterthan (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.
1.
2.
3.
.... .,...
25:3 G' 1:.
254
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~66
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)7
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19
10
'1
2
3
4
5
6
7
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o
1
2
3
Return to Duty/Follow-up Testing - An employee who tests positive on a arug or alcohol
test will be required to taKe another drug and alcoho. I test before retur.ning to work. The
employee wilJ also have to be cleared by a Substance Abuse Professional (SAP) to return
to work. .
r .
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, reasona?le suspicion testin~ or[~ndom testing of all safety-sen~itive employees.
, H_ . ' ,H,_'_' ,", - '.-' ," " ' _
An employee who tests po~iti\l~'ol1 a ~ecot1d ~C:Gasicm for either~lc6hblorcirugs will be
term in atea immediately upon confirmation of test results, It does not affect the decision
if the first positive testwas 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
will be considered a positive test and will result in immediate termination.
VII.
A.
DRUG TESTING PROCEDURES
OVERVIEW
. .-, --- ,-,:-', -"", ,,- - " -"",. , " ',"q' ,'-" "" -" ",- ,,' ," , "'-'" ,~- " . '- , '. "- - ,- '" - .. ,. -"-', .. ','"' ,. ,
The City of Oshkosh has . entered into an alcoholanddn.lg ..testing agreemenfwith the
OccupatIonal Health ~yst~ms at Mercy Oakwood/Mercy Medical Center (hereafter known as Ot1S
andMMC). Drug testing WIll normally De conducted through the use of unne samples to determIne
if illegal substances are present .
1.
2.
We will test forthe following prohibited substances as
Administration: .
. -,', -, -,-,', .-- --'""
Tetra hyd rocanl1abinol(mariJIJ ana)
Cocaine (or crack) ...,
Amphetamines (uppers, speed)
Opiates (including heroin) ....
Phencyclidine (PCP)
.
If there is reasonable suspicion by. a supervisor that theemp'oyee 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 anal~ing an employee's urine specimen (through a NIDA certified
testmg. lab).,. Th. is test Wi.'..I...U. s.. e.. ..a.. s. p. . ".'t.. sam..p. ..Ie. ..t.e,.s.tl.'n.. g. p. roce..d.. ur...e.. Eac.h.ur.i.n...e specimen is divided
into two Rottles. Bo~h sgec,imen bottles will be sent to, ace':fified lab. The specim,en deemed to
be the pnmary specnnen WIll be used for the actual unnalysls. 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 semarate lab for retest. Second, the employee can reqLJest 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 contactmg the Medical Review
Officer within 72 hours or indicating prior to that time that they are waiving the option of a split
sample. The employee will be reqUired to pay the cost of the split test. If the results of the split
test are negative, Oshkosh Transit will reimburse the cost to the employee. If the employee
waives the right to retest, the test results will be considered positive and actions will be taken on
that basis. Ifthe retest is also positive, the test results will be deemed positive. If the retest fails
to reconfirmthe initial test, the test is canceled. .
3.
4.
5.
l'! Jj?) :~
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THE DRUG SITE TESTING PROCEDURE
The current drug testing collection sites are either Mercy Oakwood or Mercy Medical Center.
Testing procedures at ttlese 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", e,m"pIOY,e, e" is,re,,,q,u,, i,re",d",t, o"ta" k, e"",a, "d"r,ug,t,est. A sup e"rv, is ,0, r,malya c c, 0, m,pany an employee to the
test site and ensure that the.cpllection process has begun before leaving.
...... ,.,_...,-....---....,.:.-,.,.,.:,":,...:'-...,..'..,' .;-,.,-....-.....:,',_...."."... .... '-."
The employee needs to provide positi~epl1()to ideritific~ti6rlupon entering the drug
testing site. ' ' '" "',' ,',......., ....'.,
',.....-':--...-.',",'....',':..,',""::,'......:-,-..."'",":', ,-' '
....... .... ....... "';'",'"..-.:'..:":', ...., . ..-
The employee will follow all instructions and sign all documents and materials
specified by collection site personnel. Refusal to sign all appropriate materials will
constitute refusal to take thedrug test. The employee will provide all information
concerning ,valid prescription meaications they are currently using.
. ',.-.:.:,.._...... ..'.... "":"--:'_::"'-, ',.:.-..;.::',::..',.:...:-"...........'.',,",', '",' ,"'.","".,......, "":,,..--,",..','
. . '..," . ,.' ". .... ..' ,'....,.:.... ,".-:' ':"-.' ..'" ," ',::..<,':.. .....,..'..,.,., ',.::""-<,,..-.:,' .":,,,--;-,.....:. "..>.. ... . . ....:-.. .:
.. - '. ..........:,.. ... ' .
An employee is required to provide 45 ml (milliliters) of urine in adesignated
bathr,oom, u,n,d,er c, on, ditiO, ns spec"ifi,le,d by collection site pe,rsonnel and in accordance
with Federal Transit Administration regulations. When an employee cannot provide
a sample to at leastA5..ml, the collection site technician will instruct him/her to drink
not more than 40 ounces during a period of up to three hours. The employee will
retry using a fresh collection container. If the employee remains unable to Qrovide
an adequate sample, the.inadequate sample(s) shall be discarded. The MRO will
refer the employee for a medical evaluation to determine whether the, individual's
inability to proVide a samRle is genuine. If the individual's inability is genuine, the
test win be discontinu~d. A medical evaluation that determines that the employ-ee's
inability to provide a sufficient urine sample is not genuine, will constitute a refusal
by the employee to submit to a mandated drug test. '
An employee will not be able to perform a safety-sensitive funCtion' if a primary
specimen sample is positive for controlled substances pending the results of the
split sam,p Ie test. They will be removed from safety-sensitive auties pending the
results of the split sample test. '
Following completion of the, test, the employee' shaH follow instructions of the
supervisor with respect to return to work procedures.
2.
3.
4.
5.
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
orwaived, the following actions will occur. . . .... .
1. The employee will be immediatelY' removed from. any safety-sensitive position
pending the determination pf the .rv1edical Review Qfficer regarding the drug test
results. . . .. .
2.
3.
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 Officerdetermines 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 noUhe result pfan authorized use
of a 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 he/she 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 Profess.ional (SAP). A referral to the SAP will take place
regardless of disciplinary action brought against the employee.
6
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4.
The Substance Abuse Professional will develop the appropriate treatment program.
The employee wi" be required to fully follow the desIgnated treatment program.
The Substance Abuse Professional wi". determine when the employee is ready to
return to work. Theywill forward that written authorization to the Medical RevIew
Officer and the Oshkosh Transit Drug/Alcohol Coordinator.
. ",- ,,' , "', "-'- " -,"':',-', - ",
6. . The emRIQyee will able to return to work after receipt by the employer and Medical
ReviewOfficerof a negative drug and alcohol test result in their return to work tests.
. They will be subject to a minimum of six random folfow-updrugand alcohol tests
'. In the next twelve months. . ... . .... ". ........ ....... . ..... ....... ............ .... ........ .
GUIDELINES FOR PRESCRIPTION AND NONPRE:SCRIPTION DRUGS .
5.
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
func. tioning, motor skiffs or. jUdg.em. e. n. t may be a. .dversely affected .bY the use of thiS. me. dication.
Federal regulations stipulate that an employee is not permitted to use or possess medication
containing alcohol whiJe in perfC?rm?lnce .of a safety-sensitive duty. . A 'positl~~ alcohol test as a
result of lega"y prescribed medication WI" be treafed. as any other valid positIve test results for
alcohol.
", >',,,,:' ,
- - .. " -, ',' ,,- ^
Alcoholismand drug dependency are treatable i1fnessesthat can be successfully dealt with if
identified in the earlystagesandref~rredto an C3ppropriatesource for treatment-Indications of
alcohol .and drug abuse include extreme cnanges in personality, problems with employer or other
employees, interrupted or changing sleep patterns, problems with attendance and lateness,
conce.alment of social habits involving drugs and alcohol, and family problems. Continued alcohol
~nd drug dependency can lead to a deterioration of health.
. .
The Oshkosh Transit System encourages employees to seek treatment voluntarilyahd 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 immediatesupervisor for information
about the Employee Assistance Program (EAP) that is available to you. Confidentiality of
information will be maintained at aU 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.
WhileJhe 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.
3
t IX.
)
A.
2
ALCOHOL TESTING PROCEDURES
OVERVIEW
" The City of Oshkosh has entered into an alcohol and drug testing . agreement with the
Occupational Health Systems at Mercy Oakwood/Mercy Medical Center (hereafter known as OHS
and MMC). Drug testing will normally be conducted through 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 direct the employee through the procedures associated with performing the Evidential Bream' I.
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 olood
alcohol test of .02 or greater will require a confirmatory test. The confirmatory test will be
conducted ~<) I"ss lhan 15 minul"sand n9mg,~.lh~n30rl1inyt~s fOlloWi.~g lh: inilial. al~hOllesl.
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 mitialand confirmatory Evidential Breath Tests constitute complete verification of the validity
of the alcohol testing procedures.
If initial and confirmatory or confirmatof)'Evidential.Breath Test results are between .02 and .039,
the employee will be subject to disciplme pursuant to "just cause". The employee, at minimum
will be placed on leave without pay and removed from their safety-sensitive position for a
m.inimum of 24 hours following administration of the test. They may be subject to additional
discipline up to arid including termination. If any employee has tested positive for alcohol or drugs
within the previous thirty-six months, an Evidential. Breath Test that indicates a blood alcohol level
of .02 or over will result in disciplinary procedures up to and including termination.
J -,.
B. RESULTS OF A POSITIVE ALCOHOL TEST
This pr.ocedure. applies onl.y for t. he first positive alcohol or dru. g test w. ithin a thirty-six m.onth
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 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 br the employer and Medical
Review Officer of a negative drug and alcohol test resul in their return to work tests.
They will be subject to a minimum of six random follow-up drug and alcohol tests
in the next twelve months. ..
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 with 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.
$
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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 tne drug and alcohol program .
manager. Oshkosh Transit will not reveal these records or the identity of any employees partici-
pating in related treatme...n.t. pro", g........,r.a. ...m.........s unless. an.e.. of t.h.....e..~.~uD.......,~..jngG......ircu......mstance.s.a.r....i.se:
.. - ",,' - -.' - -. ',- '.' .. .. '.'
The employee directs release of records/information. to a third party in writing
~~?,"/g~WS: Medicql Review Office, SUbsta~,~eAbuse profession~I,~n~ori;rogram
Oshkosh Transit may disclose information related to a test result to the deCision-
makerin a lawsuit, grievance, on behalf of the employee tested.
';;, - ',', ': ,', ';:'_c
Upon written request, Oshkosh TransitwiHprovide any employee witl1their 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 l11ake available copies of all results ofempleyee 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. .
All employees will be subject to a minimum of sixty minutes of training. It will focus upon the
e#. ec. tsand. indicators of drll.9' use. Training will be prima. rily by the use of. audio-visual materials
that are in compliance with Federal Transit Administration guidelines~ New employees will receive
this training prio. r to p. erformance of safety senSitive. d.ut.ies. .A..II e. mploy.. e. .es will also be req.uired to
read this cfocument and verify thatthey nave read and understand this policy and agree to fully
comply with it with the Drug and Alcohol Verification Form. c
All supervisors will receive a minimum .of 120 minutes of training in addition to the training
in~icateq Clbove. Si~ minutes of the training will be with respect to the alcohol program and sixty
minutes Will be for the drug program.
1fII'( ".. (t-
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APPENDIX A
" ,''- -':--". "
OSHKOSHTRANSIT.EMPL()YEES .'
." ":>/,_...",,,
A. DRIVERS (FULL-TIME)
8. DRIVERS (PART-TIME)
C. MECHANICS
,. -' " ;:'- .,,-'.-.,:,:'-"',' ..
D. SERVlcETECH'NfclAN
E. MECHANIC/()PERArbRS
F. ADMINISTRATIVE SECRETARY
G. MAINTENANCE SUPERVISOR'
H. TRANSIT COORDINATOR
'/, TRANSPORTAfl'O'NSUPERVISOR
. J. TRANSPORTATION DIRECTOR
K. 9fFICE CLERK(PART-TIME)
NQN.:.OSHKOSH TRANSIT EMPLOYEES
. -, ", ," "---".'- ,-",,,
A. ALLbsHkOSHCAB 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 FEDERALL YFUNDED 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.
,...--i{'- (.~ .f-
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3
POLICIES CONCERNING EMPLOYEES WITH BUSINESSES THAT CONTRACT WITH
OSHKOSH TRANSIT
c ,,_ _ , '. :,.
. - ".' _: ' ^ , - ''', - " -.;' .:- :.. ,"~ - -- ':' . ," ,", , ' -, ", ' - , , ',' '-,' '" .
FederarTrc:msitAd~inist~ation guidelines require that an Gompaniesihat 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 Transi(il1iheirdrllg and alcohol
testing program.. This program will include all employees of Oshkosh Transit and all safety-
sensitIve employees of companies that provided contracted transit and paratransit services for
Oshkosh Transit. . Safety-sensitive employees include all employees who drive, repair or dispatch
transit and/or paratransit vehicles. The Federal Transit Administration mandated drug and alcohol
testing program will be effective January 1, 1996for Oshkosh Transit.
Oshkosh Transit will provideaH training assoCiated with this program. A new employee or an
employee who becomes involved ina 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
ind.ividua. Is who a~.e in.structed to take a drug te.s. t must do so at the time, date an.d location indicat-
ed. Oshkosh Transit will pay the cost of: drug and alcohol training, pre-employment tests,
8usp.icion testin.g ,p. os. t-accldent testing and random testing. The cost of SPI.it.....d.. .r.u.. .g.....t..e...s. .t...s...... will be in
accordance wit/1 the written policy of Oshkosh Transit. ....... ............. ..... .
- " ,,'. ,,>, -.
::' ''- ': , '- " - ;' " , '- - " ::,.';' '; :' ;.--- ~ '
Safety-sensitive personnel of theConfr'adorwho test positive for either drugs or alcohol, when
that positive test is verified by the Medical Review Officer wHl be removea from their safety-
senSItive position.. They will be prohibited from working in any safety-sensitive paratransit position
that contracts with Oshkosh Transit. The Contractor will be required to provide Oshkosh Transit
a list of all new safety-sensitive and non safety-sensitive employees on a quarterly basis. A list
of all employees will be provided on an annual basis. The initial list needs to be submitted to
Oshkosh Transit no later than October 28, 1995.. It will include the employee's name, position,
social security number, and indicate jf that is a safety-sensitiveemP.'oyee. 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 OshkoshTransit toadminister this
program. . . . .... . .. ... .
The Contractor agrees to abide by the conditions and guidelines spelled out in the Oshkosh
Transit System Drug and. Alcohol Policy. If the Contractor wishes to have drug and alcohol policies
different from OshKosh Transit, it must submit these policies in writing to Oshkosh Transit for
approval. Oshkosh Transit reserves the right to accept or reject any changes to the existing drug
and alcohol policy. Contractor's can set up their own drug ana alcohol program. Contractors must
submit a letter no later than December 15 of each year certifying that they have set up a program
which complies with FT A regulations for the following calendar year. Oshkosh Transitwill nof pay
the Contractor any of its costs if it opts for a separate program.
)
7
1