HomeMy WebLinkAboutKobussen Buses/2007
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CONTRACT FOR FIXED ROUTE SERVICES
[Neenah Routel
BETWEEN THE CITY OF OSHKOSH
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OJHKOJH
ON THE WATER
AND KOBUSSEN BUSES lTD.
EFFECTIVE
MAY 6, 2007 - MAY 5, 2008
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This Agreement made and entered into this 24th day of April, 2007 by and between the
City of Oshkosh and Kobussen Buses Ltd. whpseprincipal place of business is W914
Cty. Rd. CE, Kaukauna, WI 54130, hereinafter referred to as the Contractor.
WITNESSETH:
WHEREAS, t.he.C..it.y. is a Wi.sconsin Municipal Corporation, acting by and
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through, its authorized agents; and
WHEREAS, the City owns and operates a public transit system under the
provisions of Wisconsin Statute 66.943; and
WHEREAS, both the Federal Transit Administration of the United States
Department of Transportation and the State of Wisconsin Department of Transportation
assist in the subsidization of the transit system operating costs under formula grant
programs; and .
WHEREAS, the City desires to engage a contractor to provide fixed route
services to Neenah, and the Contractor is willing to provide bus transportation service
under the terms and conditions set forth;
NOW THEREFORE, the City and the Contractor agree to the following:
1. LENGTH OF CONTRACT
This contract is intended to be for a period of twelve months, beginning May 6, 2007',
and concluding May 5, 2008. If the renewal rates are reasonable, the contract will bf3
continued up to five years (pending available funding). The renewal rate will bf3
conveyed to the Transportation Director by March 1 of each year. This contract can be
terminated by a 30 day written notice by either party.
2. . SERVICE DESCRIPTION
The service to be provided is described here and in the attached service area map
(Exhibit A). The Contractor will be responsible for operating a bus during all revenue
hours of service as indicated.
The service will be a fixed route, using a vehicle having a minimum of twenty-five (25)
passenger seats, with one wheelchair securement station, and a wheelchair lift/ramp.
The service will operate from 5:45 a.m. to 6:40 p.m., Monday through Friday, and from
7:45 a.m. to 6:40 p.m. on Saturday. The daily mileage is estimated as approximately
385 miles per weekday and 330 miles on Saturdays. The service will provide hourly
service from the downtown Oshkosh Transit Center located at 110 Pearl Avenue to the
downtown Neenah Transit Center described as:
From the Oshkosh Transit Center north. on Jackson Street through Logan Drive
and continuing on Jackson Street to Highway 41. North on Highway 41 to
Winneconne Avenue in Neenah to Church to the downtown Neenah Transit
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Center located at Church and Doty. The route will be reversed for the return trip
to the downtown Oshkosh Transit Center. The bus will deviate into Lakeside
Packaging Plus located at 100 West Fernau as determined by Oshkosh Transit.
3. VEHICLES
The Contractor must provide. a wheelchair accessible, air-conditioned vehicle to operate
this service, having a seated capacity of at least twenty-five (25) passengers, with one
wheelchair securement position, plus have a sufficient number of equivalent backug
vehicles to maintain service in cases of vehicle breakdown. Specifically, this vehicle will
have:
1) A transit style front passenger step entrance, the first step a maximum
height of 12"
2) A minimum interior headroom of 74" (average)
3) Perimeter seating or row seating. If row seating, the aisle will have a
minimum width of 14"
4) Any exterior paints except school bus yellow/black.
The Contractor will provide storage and maintenance space for the vehicles used in
providing contracted service. The Cpntractorwill supply a radio on the same frequency
as the Oshkosh Transit System buses, a bell for passengers to indicate stops to the
driver, tires, fuels, tools and spare parts. The Contractor will maintain the vehicles in
good working order. The vehicles will be kept clean through a program of regular
washing of the exterior and interior and thorough periodic major cleaning.
The City of Oshkosh reserves the right to inspect the Contractor's vehicles and
maintenance facilities at such reasonable times as the City of Oshkosh deems
appropriate.
4. FARES AND REVENUES
The Contractor will charge fares for this service in accordance with the fare schedule
adopted by the City of Oshkosh. There will be a dual fare structure dependent upon
destination.
The Contractor shall submit an invoice for the total cost of service provided at the end
of each month.
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Revenue collections will be subject to audit by the City of Oshkosh at such times as thl3
City of Oshkosh deems appropriate.
5. OPERATORS
The Contractor will recruit, hire, train, and supervise the drivers who are to operate this
service. The Contractor is also responsible for paying these operators' wages and
benefits.
These operators will be employees of the Contractor, not of the City of Oshkosh, and
will not act, nor represent themselves, as employees or agents of the City of Oshkosh.
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All operators will be required to possess a valid Wisconsin Commercial Drivers License,
classes B, C, D, with Air Brake and Passenger Endorsements.
While operating the vehicle on this route, a uniform of navy blue trousers (not blue
jeans) and a light blue shirt must be worn at all times. No other. apparel will be
acceptable. Cost of this uniform will be the responsibility ofthe Contractor or employee.
The Transportation Director may refuse to permit a particular operator. to drive this
service if the Transportation Director determines that said operator is unacceptable to
the Transportation Director for reasons including, but not limited to, the following:
1) Failure to stop for railroad crossings as required by law.
2) Being charged with or conviction of a criminal offense.
3) Operating a vehicle under the influence or use of controlled substances
or alcohol while on duty.
4) Theft or embezzlement.
5} Permitting unauthorized person(s) to perform operating duties or ride
without paying the appropriate fare.
6) Conviction of more than two moving violations, regardless of whether
received on duty or not.
7) Involvement in more than two accidents in any twelve month period.
8) Smoking, eating, and consumption of alcoholic beverages in the
vehicle.
9) Numerous complaints about the driver.
The Contractor agrees to report a conviction of a crime by a driver immediately to
Oshkosh Transit for appropriate follow-up.
6. ADMINISTRATION
The Transportation Director or his/her designee will receive all complaints on the
service being operated under this proposal. These complaints will be forwarded to thE3
Contractorfor prompt resolution. The Contractor will, on a monthly basis, forward to the
Transportation Director a copy of. all complaints that have been directly received
concerning this service and its resolution of them.
The City of Oshkosh will be responsible for an promotions and service planning. ThE3
City of Oshkosh will also be responsible for budgeting for the overall transit service and
grant application and administration.
The Contractor will be responsible for administering all labor relation matters pertaininn
to its employees.
The Contractor will be responsible for obtaining licenses as required by the City of
Oshkosh, the State of Wisconsin, and any other body with licensing jurisdiction over the
service to be provided.
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7. SMOKING, DRINKING, ETC.
Smoking, eating and consumption of alcoholic beverages by drivers or passengers
while on board. any vehicle engaged in performing service for the City will not be
allowed. Rude, offensive and abusive language or behavior is also prohibited. Driving
while under the influence of drugs and/or alcohol is strictly forbidden. The use of a cell
phone for non-business purposes while driving is not allowed.
8. KEY EMPLOYEE
The Contractor will appoint an individual to be the main contact person for this program.
9. INSURANCE
The Contractor shall not commence work underthis. agreement until it has obtained all
insurance required under this paragraph.
Evidence of this insurance" coverage shall be furnished to the City in the form of
certificates of insurance within 1 0 business days after execution of the agreement by
the City.
The Contractor shall, at a.minimum carry and pay the premium for insurance of not less
than the following:
1) Worker's Compensation Insurance: The Contractor shall take out and
maintain Worker's Compensation Insurance in accordance with
Statutory requirements of the State of Wisconsin.
2) Liability Insurance: The Contractor shall take out and maintain during
the life of this agreement such public liability, vehicle liability and
property damage'insurance as shall protect the City and the Contractor
from all claims for damages, personal injury, including accidental death,
as wen as from claims for property damages which may arise from
operations under this agreement whether such operations be by the
Contractoror by others directly or indirectly employed by either of them,
by naming them as additional insured with respect to this program. ThE3
amount of insurance shall be as follows:
$500,000 combined single limit per accident, as well as the required
Worker's Compensation Insurance with the City named as an additional
insured.
The insurance specified above shall. be with . an acceptable insurance company
authorized to do business in the State of Wisconsin, and shall be taken out before work
is commenced and kept in effect until all work is completed. The City shall be given a
minimum of 30 days notice in the event of change or cancellation of any insurance
requirements. The City shall be named "additional insured" on all policies.
The Contractor agrees to hold the City harmless and does indemnify the City against
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any claim or demands of any person arising by reason of the Contractor's operation of
the service. Any and all claims arising from said operation shall be handled by the
Contractor or its insurance carrier. The Contractor or its insurance carrier shall defend
the City in any litigation arising from such claims, and pay any judgements obtained in
any such litigation.
10. ACCIDENTS AND CLAIMS
All passenger and vehicle-related accidents involving any property damage or personal
injury resulting from service under this agreement must be reported to the City, in
writing, within 72 hours of said accident, including a complete report on the incident.
Any claim made against the Contractor must be reported to the City, in writing, within 48
hours. The City shall notify the Contractor of any claims reported directly to the City
within 48 hours of receipt of the claim.
11. COMPENSATION
The City agrees to pay the Contractor monthly based upon information received under
Exhibit B.
The Contractor will be issued a City-approved farebox to be securely mounted by the
Contractor. The City will unlock and empty the farebox, recovering the cash fares
deposited therein as needed.
Invoices and trip records shall be forwarded to:
OSHKOSH TRANSIT SYSTEM
926 Dempsey Trail
Oshkosh, Wisconsin 54902
12. PAYMENTS
Upon Cityaudit and verification of the monthly invoice and trip records, the approved
invoiced amounts will be paid to the Contractor within 15 business days. An
independent audit firm hired by the City will conduct a year-end financial audit. To
comply with OMB Circular A-128, Contractors receiving $25,000 or more in federal aid
in any fiscal year will be required to provide the City with an audit of their program by a
certified public accountant. In the event an overpayment is made to the Contractor, the
Contractor shall refund all excess compensation to the City.
13. CHANGES TO THE AGREEMENT
The City may at any time by thirty (30) days written notice change or amend this
agreement.
14. TERMINATION FOR CONVENIENCE
Either party may terminate the agreement in whole, without cause, at any time after
execution of the agreement by thirty (30) days written notice to the other party, when for
any reason the City or Contractor determines that such termination is in their best
interest. Upon receipt of written notice of termination, all deliveries of service and other
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performance by the Contractor shall cease to the extent specified in the notice of
termination. The Contractor shall prepare a final invoice within ten (10) days of such
termination reflecting the work actually furnished pursuant to the agreement and to the
satisfaction of the City that has not appeared on any previous invoice for payment.
Notice of intentto term.inate shan be madejhrough "return-receipt certified mail" at least
thirty (30) calendardays prior to the proposed termination date.
15. DEFAULT BY CONTRACTOR
The Contractor's failure to perform, improperly perform, violate, or default in any of the
terms, conditions, or provisions of this agreement, shall include, but are not limited to:
1) Determination by the. City that service rendered on particular occasions
fails. to meet the Operating Policies and Procedures, due to the
intentional or negligent acts or omissions to act on the part of the
Contractor.
2) Failure of the Contractor to supply the City with complete and accurate
. documentation as. described. . ... .. .
3) Failure of the Contractor to respond to specific written request by the
. City to change. service practices which is inconsistent with the
. requirements of this agreement.
4) Filing of a complaint by the City Police Department or other law
enforcement agency involving the Contractor in connection with its
performance under the terms and conditions of this. agreement.
5) Failure to perform or improperly perform any of the work described as
specified in this agreement.
In the event of such failure to perform, improper performance of, violation of, or default
in the terms, conditions, and provisions of this agreement, as described above, or in
any manner, the City may take the following action with respect to the Contractor:
1) Terminate the agreement.
2) Suspend the Contractor, for a reasonable time period, from providing
the services under this agreement.
3) Withhold payment or a portion of payment due to the Contractor on
invoices previously submitted to the City.
4) Request that the Contractor take appropriate action against the
individual owner, operator or vehicle driver involved in said violation or
default in performance, as may be appropriate, including but not limited
to, termination or suspension from providing contracted services or
withholding of payment due as a result of previously submitted invoices.
In the event of a termination, the performance of any work and any other performancl3
by the Contractor pursuant to this agreement shall cease, and the Contractor shall
prepare final invoice reflecting the service furnished pursuant to this agreement and
which have not appeared on any previous invoice. The City agrees to pay thl3
Contractor, in accordance with the terms of this agreement and as reflected on said
invoices, for services actually furnished, exclusive of any compensation previously paid.
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Should the cost of any damages incurred by the City as a result of the Contractor's
default violation, or non-performance, be over and above the final invoice submitted by
the Contractor, the retention of said invoiced amount shall not be deemed a waiver of
the City's right or entitlement to additional damage amounts from the Contractor.
16. .. FAMILIARITY AND COMPLlANC~ .WITH TERMS
The Contractor represents that it has carefully reviewed the terms and conditions of this
agreement and is familiar with such terms and.Gonditions and agrees to faithfully
comply with the same to the extent to which said terms and conditions apply to its
activities as authorized and required by this agreement.
17.. SUCCESSORS AND ASSIGNS
All provisions of this agreement shal.1 extend to bind and inure tothe benefit not only of
the City and Contractor, but also their legal representatives, successors, and assigns.
18. AGREEMENT ALL-INCLUSIVE
This agreement contains all of the terms and conditions between. the parties hereto and
no alterations, amendment, or addition thereto shall be valid unless in writing and
signed by both said parties.
19. DRUG AND ALCOHOL TESTING
Since January 1, 1996, Oshkosh Transit has implemented a comprehensive drug and
alcohol program that includes random testing. All employees of Oshkosh Transit and aU
safety-sensitive employees of companies that provide contracted transit and paratransit
services for Oshkosh Transit will be included in this program. Enclosed (Exhibit C) is
Oshkosh Transit's. drug and alcohol policy for paratransit. providers. The company
providing paratransit service will be required to participate fully in Oshkosh Transit's
drug and alcohol program. Any. company employees or officials who perform safety-
sensitive duties will be required to participate in the program. Safety-sensitivE~
individuals include those who drive, dispatch or repair transit and/or paratransit
vehicles.
Oshkosh Transit will provide all training associated with this program. A new employee
or an employee who. becomes involved in a safety-sensitive function will be required to
take a pre-employment drug test. and undergo Oshkosh Transit drug and alcohol
training before beginning their safety-sensitive duties. All individuals in the drug and
alcohol program who are instructed to take a. drug and/or alcohol test will promptly
comply. Oshkosh Transit will pay the cost of: pre-employment tests, 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 positivH
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-sensitivH
transit or paratransit position that is. involved in a contractual relationship with Oshkosh
Transit.
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The Contractor will be required to provide Oshkosh Transit a list of all safety-sensitive
and non safety-sensitive employees on a monthly basis. The list should include the
official or employee's full name, position, and social security number. The Contractor
will also promptly provide upon request any other employee information required for
Oshkosh Transit to administer this program.
The Contractor agrees to abide by the conditions and guidelines spelled ouf in the
Oshkosh Transit System Drug and Alcohol Policy. If the Contractor wishes to have drug
and alcohol policies different from Oshkosh Transit, it must submit these policies in
writing to Oshkosh Transit for approval. Oshkosh Transit reserves the right to reject any
changes to the existing drug and alcohol policy.
20. COMPETITIVE PROCUREMENT
The Contractor agrees to follow competitive procurement procedures that conform to
applicable Federal law. The . Oshkosh Transit System has the right to audit the
Contractor's records. in regards to their procurement procedures. The Contractor will
provide procurement information to the Oshkosh Transit System as required.
21. STATE/FEDERAL REGULATIONS/FEDERALLYREQUIREg CLAUSES
This agreement shall at all. times be subject to the rules and regulations of the
Wisconsin Department of Transportation and the Federal Transit Administration under
the provisions. of the Urban Mass Transportation Act of 1964, as amended. (Exhibit D)
22. MISCELLANEOUS
In no event shall either party be deemed to be in default of any provision of this
agreement for failure to perform, where such failure is due to strikes, walkouts, riots,
civil insurrections or disorders, act of God, adverse weather conditions, or for any other
cause or causes beyond the control of the City or the Contractor.
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IN WITNESS THEREOF, the parties hereto have caused this Agreement to be
executed by their respective proper officers and affixed their corporate seals hereto as
of the day and year first above written.
CITY OF OSHKOSH
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RICHARD A. WOLLANGK
CITY MANAGER
AA~~~~J'~eW
~~CITY CLERK ' ,. -j'"
APPROVED BY:
KOBUSSES BUSES L TO.
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WITNESS · ... ·
I hereby certify that the necessary
provisions have been made to pay the
liability which will accrue under this
contract.
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EDWARD A. NOKES
DIRECTOR OF FINANCE
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COST SCHEDULE
The per mile cost for fixed route service under this contractshall be the following:
$1.23
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EXHIBIT A
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EXHIBIT B
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Company Name
MONTHLY INVOICE
OSHKOSH TRANSIT SYSTEM
NEENAH ROUTE SERVICES
I nvoice Period
Invoice Number
Charge Per Mile
Miles Operated X
Total Monthly Expenses
Amount Requested from the Oshkosh
Transit System
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EXHIBIT C
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OSHKOSH TRANSIT SYSTEM
DRUG AND ALCOHOL TESTING POLICY
MAY 8, 2001
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" THE OSHKOSH TRANSIT SYSTEM
DRUG AND ALCOHOL TESTING POLICY
(EFFECTIVE JANUARY 1, 1996)
(Revised May 8, 2001)
I. INTRODUCTION
The Oshkosh Transit System performs a vital public service to the residents of Oshkosh and
Winnebago County. We are committed to ensuring that transit services are delivered safely in
a drug and alcohol free environment. Oshkosh Transit's drug and alcohol testing policy is
designed to:
Assure that employees can perform their assigned duties in a safe, healthy and
Rroductive manner.
Create a workplace free from the adverse effects of drug and alcohol abuse or
misuse. ,
Ensure that all safety-sensitive* personnel of paratransit organizations that contract
with Oshkosh TransIt to provide transit services are covered under the same drug
and alcohol regulations as employees of Oshkosh Transit. **
* Safety-sensitive employees are defined as those that perform any of the following:
· Operation of a revenue service vehicle, even if it is not in revenue service;
· Operation of a non-revenue service vehicle that requires a CDL;
· Dispatch or controlling movement of a revenue service vehicle;
· Maintenance of a revenue service vehicle or equipment used 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 specific:ally
stated, they will also be defined as employees in this policy statement.
If you .have any questions. or concerns regarding this policy, conJact the Transportation
SupervIsor, Oshkosh TransIt System, located at 926 Dempsey Trail, Oshkosh, Wl 54902,
920/232-5340.
II. PURPOSE
The purpose of this policy is to ensure employee fitness for duty and to protect our emploYE~es
and safety-sensitive personnel employed by paratransit organizations that contract witfi us,
passengers and the public from risKs posed by worker use of alcohol and drugs. This policy is
Intended to comply with all applicable Federal regulations governing workplace alcohol and dirug
use and misuse in the transit industry. Regulations Issued by the U.S. Department of
Transportation and the Federal Transit Administration mandate urine drug testing and evidential
breath alcohol testing for safety-sensitive positions. * This policy document sets forth the
Oshkosh Transit System alcohol and drug abuse program and the conduct and testing report~ng
guidelines for safety-sensitive employees and those safeo/-sensitive personnel employed by ,
paratransit organizations that contract with Oshkosh TranSIt.
III. APPLICABILITY
This policy applies to all transit system employees. It also applies to all personnel in safety-
sensitive pOSItions in transit organizations that contract to I?rovlde transit or paratransit services
with OshKosh Transit. Participation in the Oshkosh Transit System's drug and alcohol testing
program is a requirement of each safety-sensitive employee, and therefore, is a condition of
employment with the Oshkosh Transit System and contracted transportation providers. The policy
is in effect whether they are on transit property or when performing transit related business at any
location in Oshkosh or Winnebago County. All of the Individuals covered by this policy will be
subject to specific alcohol and drug testing as required by federal regulations. A safety-sensitive
function is any duty related to the safe operation of mass transit or paratransit services including
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the operation, dispatch and maintenance ora mass transit orparatransit 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, amphetamines, opiates, phencyclidine (PCP), and cocaine, It also includes any drug
not approved for medical use by the USDA or the lJSFDA. Illegal use includes: use of or impair-
ment by any illegal drug, misuse of legally prescribed or over the counter drugs, or illegally
obtained prescription drugs.
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The use of any beverage or mixture,includinQ any medication, containing alcohol during or up
to four hours Defore peiiorming a safety-sensitive function.is also prohibited.
V. PROHIBITED CONDUCT
A. FEDERAL GUIDELINES FOR PROHIBITED CONDUCT
These guidelines are according to Federal Transit Administration regulations concerning
prohibited conduct for safety-sensitive employees:
1. Using or possessing alcohol while on duty, NOTE: Federal Regulations include
medications containing alcohol in the substances banned from use or possession
in the workplace. Therefore employees will not be assignedto safety-sensitive
job functions while using or possessing prescription or non-prescription medication
If such medication contains any measurable amount. of alcohol. It is the
responsibility of the employee to notify his/her supervisor of their use of any
medication containing a measurable amount of alcoh()1. .
2, Using alcohol within (8) hours following an accident, if the employee was required
to be tested, unless an earlier test results in areading of less than 0,02.
3. Reporting 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 c1rugs,
7. Refusing to submit to any drug or alcoholtestthatis required by this Policy.
B. OSHKOSHTRANSITPRQHII?ITED POLlGIES
These practices are specifically prohibited underO~hkost1 Trcil1~i~ policy,
1. Dispensing, distributing or receiving alcohol and controlled substancE;ls \iVQileoll.duty.
2, Possession of controlledsubstancE:ls .vvhilE:l()PSiuty.
3. Reporting for duty or remaining on duty in a safety-sensitive position while having
an alcohol concentration .otO,02 or greateL
Reporting for duty or remaining on duty while underthe. influence Of alcohol qr a
controllea substance, .,.. .. ,. .. .' .... . '...
4.
5, Proviqing false information concerning a test, or falsifying test resultsthrough
tampering, contamination, adulteration or substitution of test samples.
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Refusing to sign an employee acknowledgement form or failure to participate in
required drug/alcohol training before worKing in a sensitive-safety position after
January 1, 1996.
Any employee who violates any of these rules set forth is subject to discipline, up to and including
termination.
6.
VI. REQUIRED TESTING SITUATIONS AND PROCEDURES
All safety sensitive employees will be subject to testing after January 1, 1996. All safety sensitive
employees are required to take drug or alcohol test wnen requested by a supervisor. These tests
may be conducted just before, during, and just after performing a safety-sensitive function. Failure
to take a required drug or alcohol test will result in an employee's removal from that assignmEmt(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 applical5le provisions of a Collective Bargaining Agreement or the pay poliicy of
the City of Oshkosh.
Testing shall be conducted in the following situations:
A. Pre-Employment Testing - A prospective employee must take proscribed drug tests after
the offer of conditional employment and prior to beginning of work in a safety-sensitive
position. A positive test will result in tile individual's disqualification from the safety-
sensitive pOSition and withdrawal of the conditional employment offer. The individual will
be ineligible to reapply for the same safety-sensitive position for a period of one- -year
following the test. Existing employees who transfer from a non safety-sensitive pOSition
to a safety-sensitive position will De subject to the same procedures as the prospective
employment except a positive test will automatically resul in disqualification for a 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 split test be performed under the
guidelines specified in Section VII/Part C of this policy statement. FT A Regulations
(effective May 10, 1995) no longer require pre-employment alcohol testing.
B. Reasonable Suspicion Testing - A safety-sensitive employee can be subjected to
reasonable suspiCIon testing if a supervisor believes there is reasonable cause to suspect
drug or alcohol impairment:
1 . There is reason to suspect impairment based upon documentable objective facts
and circumstances. These circumstances include but are not limited to: employee
appearance, employees manner of acting or reacting, employee behavior, indication
of controlled substance withdrawal, speech, breath, odor, indication of chronic
effects of controlled substances. The supervisor may act if he/she believes the
employee is under the influence of controlled substance prior, during or after the
performance of a safety-sensitive function.
2. This behavior or impairment is observed to prior, during or after the performance of
safety-sensitive functions, .
If the supervisor believes that reasonable suspicion testing is warranted, the following
steps should be followed:
a) The employee should be removed from the safety-sensitive function
immediately.
b)
The supervisor should escort the employee to the drug/alcohol testing site,
The alcohol test shall take place no later than (8) hours and the drug test no
later than (24) hours after the reasonable suspicion is determined. If the
alcohol test shall take place more than (2) hours but less than (8) hours after
the reasonable suspicion is determined, the supervisor will be required to
complete a report explaining the reason for the delay.
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The supervisor will wait at th~ clinic until th~j~sting has been completed .
The employee shall not return to duty until the results of the test are knawn.
The elTlployee will not be allowed to drive horneifJh~.~IGqt1PltE??t?!Icicqnfirrngtiion
indicate a bload alcohql)evelof. 0.02 argreater. An alternate mode qf
transpartation must be provided and it is the respansibility af the employee to.
arrange alternate transportation.
Ift.h. e employee has been rem.'. aved.from. t. heirsafety-sensitive position as a result
of reasonable suspicion of drug use by their supervlsar, they will be removed from
all saf~ty-sensitive duties pending the results of the drug test. Jfthe drug test is
negative, they will be reinstatedgnd the suspensian will beremoved from their
record. . .If the drug test is positive, they will be subject to the ciiscipline procedure
associated with a positive drug test.
The supervisor will complete and sign a Gopyaf the Reasonable. Suspicion
Observation Form within ?4hours of r~rnoving the employee from the safety-
sensitive function.
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7.
Random Testing - All employees in safety-sensitive positions will be subject to random
testing. The testing maybe conducted immediately before, during orimmediately after the
performing af the emplayee's safety-sensitive duties. Employees af Oshkash Transit and
other employers who. contract with Oshkosh Transit WUI b~ placed in a pool of employees
subject to testing. The individuals who. will, be test~d. wHI be s~!~cted Jrqm€l paol of
emPlOyees. su. bje..c...t...to. testing. Th.e test. ing. d.ates.ancitimesWi.1I b~ u.na..nnOLJn..G.e...d. <Clnd.will
occur with random frequency throughaut the year. Random alcoho.l tests wilt equal 25
percent of al.le..m.Plo.yee..S..i. n tile testi. ng. .POOI; d.ru.g . tests will be 50 percent of emPlo. yees in
the. pool. These. testing levels are based u~on Federal Transit Administration
requirements~Jesting levels will change if required Federal Transit Administration Testing
levels change.
OCCUPCl.tiO. na.1 H. e. a....lt..h.... S. ys. t.e. m.... s... w. ..... i.1I select emp. 10yees. for r. andom testing. using a scientifically
valid method of ranciom nurnb~r generation. The method will consist of computer based
random number generation which will rTlCitchwith 1!Icijytcil"g:tI'~~QctgJ~E?9JJdty numbers. All
employees will have an equal possibility of being selected on each occasion that
selections are made.H~nce, some employees will be required to. take more than one test
during a year, whHeothefs Will nqt b~te$ted€ltCiILciLJringa year.
Post-Accident Testing - Federal Transit Administration palicy requires p6st-accidHnt
testing if employees are. involved inCin aGcidE}nt with, ?Q!?t1Kq!?bI[?!Js1tvebJ9,IE:lJhCit [E}SHI!!?
in: . . . .... . ..' . . . . .. . . ..
~~1~~I~duat sI,JfferiQ9 badily injury and receiving immediate medical treatment.
The transitY~hicleqJ.any vehicle involved in theaccidel'ltis tow~d QR the transit
vehicle. is removed from service as afesult ()f. cii!?apliQg damage incurred in the
accident. . .
b~ed~~:~J~:~~~~~P~i~ ~:~gg~~~r~Joa~c~~~~~et~if~~ i~u~~%~;~YC~fjl~guf~;h~~~I~~~s
Failure to contact ..a supervisor when post accident testing is required or refusing to take
a drug/alcoho.l test will result in anemplayee's termination, 13etween the time the~rnplayee
is involved in the accid~ntLJntiIJh~?ft~r th~clrug time testing occurs the employee is to.
refrain from.alcoho.lLJse f9rnO I.e$.sjb~neight hours aoci remain availableJor drug and
alcohol testing.
1.
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The employee upon direction. of the supervisor shall. repartto the cirug/alcohol testing site,
Th~ alcohol test shall take glace no later than (8) haurs.and the drug test no. later than (24)
hours afterthe accident.. Ifthe alcQhQ,ltestshalltCiKe place more than (2) hours but less
. than (8) hours after the accident, the supervisor will be required to. complete a report
explaining the reason for thedelay.
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E:' Return to Duty/Follow-up Testing - An employee who tests f)ositive on a drug or allcohol
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 tVJelve
months, wnich will be considered follow-up testing. This does not include post acc:ident
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 greater
will be considered a positive test and will result in immediate termination.
VII. DRUG TESTING PROCEDURES
A. OVERVIEW
The City of Oshkosh has entered into an alcohol and drug testing agreement with the
Occupational Health Systems at Mercy Oakwood/Mercy Medical Center (hereafter known as OHS
and MMC). Drug testing will normally be conducted through the use of urine samples to determine
if illegal substances are present.
We will test for the following prohibited substances as mandated by the Federal Transit
Administration: ,
1. Tetrahydrocannabinol (marijuana)
2. Cocaine (or crack)
3. Amphetamines (uppers, speed)
4. Opiates (including heroin)
5. Phencyclidine (PCP)
If there is reasonable suspicion by a supervisor that the employee is abusing a controlled
substance other than the five class of drugs listed above, Oshkosh Transit reserves the right to
test for those drugs using standard laboratory testing procedures. Those tests will be conducted
with separate specimens from any FTA mandated drug tests. Positive tests of these controlled
substances will result in the same discipline procedures as with other positive drug test results.
Drug testing is conducted by analyzing an employee's urine specimen (through a NIDA certified
testIng lab). This test will use a split sample testing procedure." Each urine specimen is diviided
into two bottles. Both specimen bottles will be sent to a certified lab. The specimen deemed to
be the primary specimen will be used for the actual urinalysis. The split sample will be stored at
the lab and remain sealed. If the analysis of the primary specimen confirms the presence of a
controlled substance, the employee has three options. First, the employee can request that the
split sample be sent to a separate lab for retest. Second, the employee can request that the same
lab test the split sample. The employee must contact the Medical Review Officer (MRO} within
72 hours of receiving the results of a positive test if he/she wishes to pursue either of these
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 reqUired to pay the cost of the split test. If the results of the split
test are negative, Oshkosh Transit will reimburse the cost to the employee. If the employee
waives the right to retest, the test results will be considered positive and actions will be taken on
that basis. Ifthe retest is also positive, the test results will be deemed positive. If the retest fails
to reconfirm the initial test, the test is canceled.
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B, THE DRUG SITE IE$TIf\JGPROgr=[)LJR~.
The current drug testing collection sites are either Mercybakwood orMercy Medical Center.
Testing procedures at tlies~ sites will be in accordance with FT A guidelines. The employee is to
cooperate with all personnelat thecoll.ectionsite. Failure to fully cooperate with collection site
personnel will be deemed as a refu~al tp t9"k~ th~grlJg test. Attempts to adulterate the test by the
employee will also constitute refusal to take theJest . The foll()Wing procedures will occur when
~~~t ~7t~I~Xa~~s~~~J~~r ~~et~~TI~~!1b~gp~~~~~ ~~~t~~S~~ ~:t&r~cl~~i~~~y an employee to the
1, The employee needs to provide positive photo identification upon entering the drug
testing site.
2, The employee will follow' all instruction~and sign all documents and materials
specified by collection site personnel. Refusal to sign all aFpropriate materials will
constitute r.efusal to take ,.the drUg. test. The e. mPloyee. wil. provide all information
concerning valid prescription medications they are currently using.
3, An employee is required to provide 45 ml (milliliters) of urine in a designated
bathroom underconditions specified by collection site personnel and in accpfcjance
with. Federal Iran~it A9mil]istr51tipn. re~ula~ions.Wt)~nGln.~Q1ployee ~annot proviide .
a sample to at least 4S:ml, the collectlonslt~ 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 Qroviide
an adequate sample, the inadequatesample(s} shall be discarded. The MROwill
refer the employee for a medicaleVc:lIl,Jc:ltigntgdetermille whether the individual's
l~~r~rn.~~.~r~~b~1i~U~~~~e~~~.~~lu~~~iu~t~;ti~~1~~r;~i~~~~~~ l~~~~~r;y~:~I~
~:~~~y ~~~fgy~~et~. ~~~~ITnt~ u~'Il~g6lr~~~i~~uOJ.~:~~iWh~llt~~n~~~er~~~~~~
negative dilute test result, the employee will be required to submit to a secondary
test.
4, An employee will not be able.tg perform a safety-sensitive function if a primary
specimen sample is positive for controlled sub.~tances pending the results of jthe
split sample test. They wiU .be removed from safety-sensitive (Juties pending the
results of the split sample test.
5. Following completion of the t~~t, the en'lployeeshall follow instructions oLothe
supervisor with respect to return to work procedures.
C. RESULTS OF A POSITIVE DRUG TEST
"
",,', ',' "",: " ' ,-- '. _,' , ,,' :,..;.-.,--, ,.' ,:;-;:"c.- ,:,:',:,'-;>-;-,'<<,,:;:>..-:,:,~' ,'",' __'_'>",' -,,: ';>,,-,_,,:",.'._.': -c,: ,_ ,.-_::,-':., _,:-,,: .. ----' ,.: ,;,,-.,-. - ..
This procedure applies only for the first positive alcohol or drug test within athirty six-rn()nth
g~~~~ve~,at~~uft,ll~.~i~Sgd:J~~~~n:~I~C~~~ositive and the. split test process has been completed
1. The employee will beimmediatel)'Jernovedfro~~~Ysaf~ty-~~Asiti~~Po~iti8r1
pending the determinqtion of the M~dical Review Officer regarding the drug test
results. . ...... ........,,,,,.,.,'.',...'.....-..0'./",'. ........?'...,. /.: .,.'
!heemployee wilL be dir~9t~q tPm~..~t wit.h_CiM~giGClIRe\li~wQffi~~rtoget~rmine
If the positive test result~gJr()l11th~ CiutDorlzeduse of a Gontrolledsupstance, If the
Medical Review Officer determinesthatthe positive testre~lJ.lt Qcc4rred as a result
of authorized use of acootr()lIed,sub~tc:lnce, the results Qfthe test 'Will be' cancelled,
A determination thatthe p~sitive..tesrresultisnot th~ r~?.IJJtgf 9DCiUthQrized use'
of a controlledsubstCinc~wlnJuHyvalidate the resljltsqf the posItive test and further
actionwill proceed. . .
r~~Fi~~~~~t~g~;c~u~J~~~~~miM~g\~f~gt%~A~~~2N.~~~~I~~O~~bf~es~~~~~~J~
Abuse Treatment Program as deemed appropriate for the individual by the
2.
3.
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Substance Abuse Professional (SAP). 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 proqram.
The employee will be required to fully follow the deSignated treatment progr~lm.
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 MEldical
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,
,5.
6.
D. GUIDELINES FOR PRESCRIPTION AND NON PRESCRIPTION DRUGS
It is required to notify the Personnel Department or a supervisor if an employee is takinq any
legally prescribed medication, therap,eutic drug, or non pres,crip,tion 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.
VIII. EFFECTS OF ALCOHOL MISUSE
Alcoholism and drug dependency are treatable illnesses that can be successfully dealt with if
identified in the early stages and referred to an appropriate source for treatment. Indications of
alcohol and drug abuse include extreme changes in personality, problems with employer or other
employees, interrupted or changing sleep patterns, problems with attendance and lateness,
concealment of social habits involving drugs and alcohol, and family problems, Continued alcohol
and drug dependency can lead to a deterioration of health.
The Oshkosh Transit System encourages employees to seek treatment voluntarily and supports
employees who volunteer for treatment of alcohol or drug abuse. If you feel you have an alcohol
or drug dependency, we encourage you to speak with your immediate supervisor for information
about the Employee Assistance Program (EAP) that is available to you. Confidentiality of
information will be maintained at all times. The Oshkosh Transit System and the City of Oshkosh
will assist the employee with sick leave, vacation time, or leave without pay during treatment and
rehabilitation, and insurance coverage will be provided to the extent of individual coverage.
While the Oshkosh Transit System is willing to assist employees with alcohol or chemical
dependency problems, safety is our first priority. Employees must adhere to the attached Drug
and Alcohol Policy regardless of participation in a treatment program and are expected to observe
all other job performance standards and work rules.
IX. ALCOHOL TESTING PROCEDURES
A. OVERVIEW
The City of Oshkosh has entered into an alcohol and drug testing agreement with the
OccuRatlonal Health Systems at Mercy Oakwood/Mercy Medical Center (hereafter known as OHS
and MMC). Drug testing will normally be conducted through the use of Evidential Breath TE~sts
(EBT) to determine the presence of alcohol.
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The EvidentiaL Breath T~sting device is capable of measuring .an employee's blood alcohol
concentration, A qualified Breath AlcQbQLI~9hnigi~1J (BAT) will admini$t~rth~J~$t Identification
procedures will beJhe same for an alcohol test as they are for a drug test at OHS/MMC. The
employee will complete any forms fully and without modifiGatiQI]. Ih~l3,r~atI1AIGohoITechnician
will direGt, th~ ~mployee through the procedure$ associatec:lwi~h performing the Evidential Breath
Testing, .
If the initial test indicat(3s. ,..c:l bl.oodalcoholconc~ntration ofl~ss them 0,02, no further testing will
occur. The testwill be reported to lhe employer as negative. Initial test results ipdic;ating a olood
alcohol test of .02 or greater will require a confirmatory test. The confirmatory test will be
conducted no less than 15. rninute~Clrl9n() rn()r~Jbf:lf'l.99.lJ1iD~~~~c!()Uc:>""ip~ the initial alcohol t€~st.
If thec;.oofirma.tQry lest indicates a blood alcohol concentratjon of I.ess 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-sensitivec pOSition. It will also result in the
discipline and procedures associatedvvithjhe V(3riDc;ation of a positive drug or alcohol test result.
The Initial and con.firmatory EvidentiaIBreCltnJ~~t~GQb~~it\;J~eSQrnplete verification of the validity
of the alcohol testing procedures. . .
If initialanclc;onfjrmatory 9r confirma~of.Y Evidential Brea.thTest re$LJlts arePdetw~~n,Q2 al"!d..0:39,
the employee Will be subject to diSCipline pursuant to "just cause", ." TD..eernployee, at minimum
will be placed on I.eave vvitb.out pay ?md remoYe,c1.fmm their$afety-sensiti'{e position. tor a
minimum of 24 hours follOWing aaminlstration.ofJhe test.. They may be subjec to additional
discipline up to and including termination, !fany employee has tested positive for alcohol or drugs
within the previous thirty-six months, an Evidential Breath Test that indic;at~$ a blood alcoholleV(31
of.02 orover will result in disciplinary procedures up to and including termination, . h. .'.
B. RESULTS OF A POSITIVEALCPHOL TEST
.
..,
~~~og~'jf~Ud~LJ1~~~j~n~:~{~rn~O~ .~~Si~6~ttfJ~~g~"t~S~ntt,r~';h~n p~~~~-~~sm~;~
completed, the following actions will occur:
1. The employee will be immediately removed from a safety-sensitive position.
2. The employee will b~ subject to immediate terminationUNLi:SS he/she agrees to
enter into a last chance. agreement involving mandatory completion of a Substance
Abuse. Treatment Program as deern.ed appropriate for the individual by the
Substance AbY$eProf~$$ic;>nClLcAJefem~!Jq1b~~t\e':'YiJIJCi.~e place regardless of
disciplinary action brought against the employee.. .. .".... .
The Substance Abuse profe$sional will develop the appropriate treatment program.
The ernployee will be required to fully follow the deSignated tr~atm~ot program,
The Substanc~. AbLlse Professional Will determine when tt"leernployeeis readvto
~hYb~rt~;[;?[~e 6~b~o~Wt~~~rf dP~ci/~rb~t~la~bh()~~f~~~~~,t~ th"e..MrdiC~I, Rev'lew
The emRloyee willable.to return tq wQrkafter receipt br the employer and Medi.cal
Review Officer of a negative drug and alcohol test resul ,in theiuetum to work tests.
They will be subject to a minimum of six. randorn folloW-Up drug and alcohol tE~StS ,.
in thenexttwelvemQl1tD$' ".
3.
4,
5.
x. REFUSAL TO SUBMIT TO A TEST
. ',' ..... .'. .... .'.,. . '<.' < ....... >.<<,. ..'.'....,...'. .....'.i<
The following behaviors are defined as constituting a refusal to supmitt()~.J~~t: '..
1. RefLJsal to take thetest (verbal refusal or physical absence);
2, Inability to providesu~cient ~uantities of breathor urineto be tested\iVithouta valid
medical explanation; 'C .". ',..,'.."..... ...."..,..,' ,....>.<<<>.. ........... .<'....,...
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;
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Leaving the scene of an accident without a valid reason before the tests 'haVE! been
conducted; or
Failure to sign required testing forms for urine collection.
XI. CONFIDENTIALITY OF RECORDS
The Oshkosh Transit System respects the privacy rights of all of its employees. It understands
that the nature of these tests requires respect for the employees' rights for confidentiality. Test
results will be communicated to tlie employee, their supervisor, and tlie drug and alcohol program
manager. Oshkosh Transit will not reveal these records or the identity of any employees partici-
pating in related treatment programs unless one of the following circumstances arise:
1. The employee directs release of records/information to a third party in writing
(exceptions: Medical Review Office, Substance Abuse Professional, andlor Program
Manager).
2. Oshkosh Transit may disclose information related to a test result to the decision-
maker in a lawsuit, grievance, on behalf of the employee tested.
3. Upon written request, Oshkosh Transit will provide any employee with their records
relating to his/her test.
4. 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.
5. Oshkosh Transit will make available copies of all results of employee te~sting
programs, and any other records pertaining to testing programs when requestE~d by
the US Department of Transportation (DOT) or any other 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.
These exceptions to employee confidentiality are required by Federal Transit Administration
guidelines.
XII. TRAINING
All employees will be subject to a minimum of sixty minutes of training. It will focus upon the
effects and indicators of drug use. Training will be primarily by the use of audio-visual mate~rials
that are in compliance with Federal Transit Administration guidelines. New employees will receive
this training prior to performance of safety sensitive duties. All employees will also be required to
read this document and verify that they nave read and understand this policy and agree to fully
comply with it with the Drug and Alcohol Verification Form.
All supervisors will receive a minimum of 120 minutes of training in addition to the training
indicated above, Sixty minutes of the training will be with respect to the alcohol program and sixty
minutes will be for the drug program.
9
554
555
556
557
558
559
560
561
562
563 I.
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
5 8 7 II.
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
514
515
516
517
APPENDIX A
SAFETY SENSITIVE POSITIONS
COVERED UNDER FT A
DRUG AND ALCOHOL REGULATIONS
OSHKOSH TRANSIT EMPLOYEES
A. DRIVERS (FULL-TIME)
B. DRIVERS (PART-TIME)
C. MECHANICS
D, SERVICE TECHNICIAN
E. MECHANIC/OPERATORS
F. ADMINI$TRATIYE$~CR~IJ.}RX.
G, MAINTENANCE SUPERVISOR
H. TRANSIT COOROINAIOR
I. TRANSPORTATION SUPERVISOR
J. TRANSPORTATIONPIRECIQR
K. OFFICE CLERK(PART-TIME)
NON-OSHKOSH TRANSIT EMPbOYJ=E$
";_"_"'...~c,_,_",..:.,_,>:,.~:.:;:."",.-.,:,<,:,:.C' C'.,," ',,,'.:'"'' "'i"": :_, .. .
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 FUNDFD pSI-iKOSHTRANS,IT BID
B. BUS DRIVER(S) FOR ZION ELDERCAR~
C. DISPATCHERS FOR ZIONELDERCARE
,_. .... .. '.'_, ..,',. .,..._,._....' ._"...~:," :,:.c/o',," ->)',,"_.,,:
.,,:.:, ......,..._.'.. '.,.',':_,..,',,:,-"'_' .0'
D. KOBUSSE(\JI3LJS~S, LTD.ORIVERS, MECHANICSANP OI~P.8I9J:lE:'3$
E. LAKESIDE, PACKAGING PLUS, INC, ,DRIVER$, MECHANICS AND
DISPA TCHEBS" ' ,
F. ANY FUTURE EMPLOYEES OR VOLUNTEERS WHO PERFORM A SAFETY
SENSITIVE FUNCTION AS DEFINED' BY . FTA UNDER' CONTRACT TO
OSHKOSH TRANSIT.
10
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519
520
521
522
523
524
525
526
;27
;28
;29
;30
;31
;32
;33
;34
;35
;36
;37
;38
;39
;40
;41
;42
;43
;44
;45
;46
;47
;48
;49
;50
;51
,52
,53
54
55
56
57
58
59
60
61
62
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64
65
66
67
68
69
70
71
72
73
74
75
76
77
APPENDIX 8
POLICIES CONCERNING EMPLOYEES WITH BUSINESSES THAT CONTRACT WITH
OSHKOSH TRANSIT
Federal Transit Administration guidelines require that all companies that contract with Oshkosh
Transit have all persons who peiiorm safety-sensitive functions undergo drug and alcohol te~sting
procedures outlined in the policy manual.
The Contractor will be required to be included with Oshkosh Transit in their drug and alcohol
testing program. This program will include all employees of Oshkosh Transit and all safety-
sensitIve employees of companies that provided contracted transit and paratransit services for
Oshkosh Transit. Safety-sensitive employees include all employees who drive, repair or dispatch
transit and/or paratransit vehicles. The Federal Transit Administration mandated drug and alcohol
testing program will be effective January 1, 1996 for Oshkosh Transit.
Oshkosh Transit will provide all training associated with this program. A new employee or an
employee who becomes involved in a safety-sensitive function after January 1, 1996 wiill be
required to take a pre-employment drug test and undergo Oshkosh Transit arug and alcohol
training before beginning their safety-sensitive duties. Oshkosh Transit will communicate the time
and date that safety-sensitive employees are required to take drug and alcohol tests. All
individuals who are instructed to take a drug test must dO, so at the time, date and location indicat-
ed. Oshkosh Transit will pay the cost of: drug and alcohol training, pre-employment t19StS,
suspicion testing, post-accident testing and random testing. The cost of split drug tests will be in
accordance witfl 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 removed from their safety-
sensltiv~ position. They will be prohibited from working in any safety-sensitive paratransit position
that contracts with Oshkosh Transit. The Contractorwill be required to provide Oshkosh Transit
a list of all new safety-sensitive and non safety-sensitive employees on a quarterly basis. A list
of all employees will be provided on an annual basis. The initial list needs to be submitted to
Oshkosh Transit no later than October 28, 1995. It will include the employee's name, position,
social security number, and indicate if that is a safety-sensitive employee. Subsequent lists will
be updated monthly for the term of the contract. The Contractor will also promptly provide upon
request any additional employee information necessary for Oshkosh Transit to administer this
program.
The Contractor agrees to abide by the conditions and guidelines spelled out in the Oshkosh
Transit System Drug and Alcohol Policy. If the Contractor wishes to have drug and alcohol policies
different from OshKosh Transit, it must submit these policies in writing to Oshkosh Transit for
approval. Oshkosh Transit reserves the right to accept or reject any changes to the existing drug
and alcohol policy. Contractor's can set up their own drug a':ld ,alcohol program. Contractors must
submit a letter no later than December 15 of each year certifying that they have set ur a prog!ram
which complies with FT A regulations for the following calendar year. Oshkosh Transi will not pay
the Contractor any of its costs if it opts for a separate program. '
11
,'J""
I' -~~ ..
.
MAY 8, 2001
01- 203
RESOLUTION
(CARRIED 7-0 LOST
LAID OVER
WITHDRAWN
)
INITIATEOBY:
APPROVE OSHKOSH TRANSIT SYSTEM DRUG AND ALCOHOL
POLICY
TRANSPORTATION DEPARTMENT
PURPOSE:
WHEREAS, the Federal Transit Administration (FTA) requires grantees to have a
drug and alcohol testing program in place for all safety-sensitive employees; and
.
WHEREAS, the Oshkosh Transit System, has developed a drug and alcohol
':program meeting Federal Tra.nsit Administrative guidelines; and
WHEREAS, the Oshkosh Transit System receives FT A capital and operating
assistance;
NOW, THEREFORE, BE IT RESOLVEDbythe'Common CouncHoftheCityof
Oshkosh to approve the Drug and Alcohol Policy for the Oshkosh Transit System.
EXHIBIT D
FEDERALLY REQillRED 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 D.S.C. SS 6321 et seq.
3. Clean Water
The Recipient agrees that it will comply with D.S. Department of Transportation regulations
relating to the Federal Water Pollution Control Act, as amended, 33 DSC 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 A~t of 1974, as amended, 42 D.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
D.S.C. S 7606 note.
4. Lobbying Certification
The Recipient, in compliance with49 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, cran 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 orwill be paid to any person for
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal contract or grant, the Recipient shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The Recipient
shall require that the language of this certification will be included in the award documents for an
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
$100,000 for each such expenditure or failure.
It is the policy ofthe Departmentto maintain.an open and public process in the solicitation,
submission, review; and approval of procurement activities related to this contract. Bid/proposaJ
openings are public unless otherwise specified. Records may not be available for public
inspection prior to.issuance of the notice of intent to award or the award of the contract.
The Recipient agrees to require its third party contractors and third party subcontractors at as
many tiers of the Project as required to provide to the U.S. Secretary of Transportation and the
Comptroller General of the United States, or their duly authorized representatives, access to all
third party records as requested to conduct audits and inspections related to any third party
contractthat have not been awarded on the basi$ of competitive bidding for a capital or
improvement Project, as required by 49 U.S.C. s5325(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 Proj ect management as determined by FT A.
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 FT A 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 anyyear._The Recipient agrees to comply
with all applicable regulations, standards, orders, and requirements implementing the Clean Air
Act, as amended, 42 D.S.C. SS 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 Plan~ of Transportation
Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 D.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 hnplementation Plans," 40 C.F.R. Part 93. To support
the requisite air quality conformity finding for the Project, the Recipient agrees to
implement each air quality mitigation or control measure incorporated in the Project. The
. ..
<
Recipient further agrees that any Project identified in an applicable State Implementation
Plan as a Transportation Control Measure will be wholly consistent with the design
concept and scope of the Project described in the State Implementation Plan.
(b) U.S. EPA 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 theyare applicable to the Project: "Control of Air Pollution from Motor
V ehicles 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 fiscalyear, 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 ofthe solicitation or award of the
underlying contract, absent the express consent by the Federal Government, the Federal
Government is not a party to this contract and shall not be subject to any obligations or
liabilities to the Recipient, contractor, or any other party (whether or not party to that
contract) pertaining to any matter resulting from the underlying contract.
B. The Recipient agrees to include the above clause in each subcontract financed in whole or
in part with Federal assistance provided by FIA. It is further agreed that the clause shall
not be modified, except to identify the subcontractor who will be subject to its provisions.
10. Program Fraud and False or Fraudulent Statements and Related Acts
A. TheRecipient 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 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 FT A assisted proj ect 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
. ... .
, y
false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal
Government reservesthe 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 witha project that is financed in whole or in part with Federal
assistance originallyawardedbyFTA under the authority of49 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 extentthe Federal Government deems appropriate.
C. The Recipient agrees to include the above two clauses in each subcontract financed in
whole orin part with Federal assistance provided byFTA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.
11. Iermination
A. The Department may terminate this Contract at any time that the Secretary determines
that.the Recipient or their subcontractor has failed to perform in the manner called for in
the contract or has failed to fulfill contract obligations. Failure of the Recipient or their
subcontractor to comply with the terms and conditions of its grant application and/or the
provisions of this Contract shall be considered cause for termination.
B. The Recipient may terminate this Contract if so directed by their appropriate governing
body for whatever reason such request to terminate is made.
C. Both parties agree that notice of intent to terminate the contract shall be made in writing
through "return-receipt certified mail," at least 30 calendar days prior to the proposed
termination date.
D. Upon termination of this Contract under the provisions of paragraphs A, B or C of this
Article, the Recipient agrees to dispose of the project facilities, equipment, and/or
rolling stock, in accordance with Wisconsin Department of Transportation
instructions.
12. Government Debarment and Suspension
Executive Order 12549, as implemented by 49 CFR Part 29, prohibits FTA recipients and sub-
recipients from contracting for goods and services from organizations that have been suspended
or debarred from receiving Federally-assisted contracts. Recipient agrees to submit a certification
to the effect that it will not enter into contracts over $25,000 with suspended or debarred
contractors and that it will require their contractors (and their subcontractors) to make the same
certification to it. Recipients are required to pass this requirement on to subcontractors seeking
subcontracts over $25,000. Thus the terms "lower tier covered participant" and "lower tier
covered transaction" include both contractors and subcontractors and contracts and subcontracts
over $25,000. The certification and instruction language is obtained at 29 CFRPart 29, Appendix
B, and must be included in IFB's and RFP's (for inclusion by contractors in their bids or
proposals) for all contracts over $25,000, regardless of the type of contract to be awarded.
~ .,
-( .,
13. Privacy Act
The recipient agrees to comply with, and assures the compliance of its employees with, the
information restrictions and other applicable requirements 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 andcrimin<;tl 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 Goyernment financed in whole or in part with Federal
Assistance provided by FT A.
14. Civil Rights
The Recipient agrees that it will comply with Iitle VI of the Ciyil Rights Act of 1964 and all
U.S. Department of Transportation regulations relating to enforcementofthat Act. The following
specific requirements apply to this contract:
A. Nondiscrimination - ill accordance with Title Vlofthe Civil Rights Act, as amended, 42
useS 2000d, section 303 ofthe Age Discrimination Act of 1975, as amended, 42 USC ~~
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 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 requirementsFT A may issue.
B. Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(1) Race. Color. Creed. National Origin. Sex... In accordance with Title VII 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. 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 2000enote), 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 notbe 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. ill addition, the Recipient and contractor agrees to comply with any
implementing requirements FT A may issue.
[ 1 t
(2) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 USC S 623 and Federal transit law at 49 USC S 5332, the Recipient
and contractor agree to refrain from discrimination against present and prospective
employees for reason of age. ill addition, the Recipient and contractor agree to comply
with any implementing requirements FT A may issue.
(3) Disabilities - In accordance with section 102 oftheAmericanswitl1pisabilities 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 of the Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of persons with disabilities. ill 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 ofthis contract that are not resolved by agreement of the
parties shall be decided in writing by the authorized representative of the State of Wisconsin, the
Chief of Public Transit. This decision shall be final and conclusive unless within 10 days from
the date of receipt of its copy, the Recipient mails or otherwise furnishes a written appeal to the
Chief of the Public Transit Section. In connection with any such appeal, the Recipient shall be
afforded an opportunity to be heard and to offer evidence in support of its position. Ihe decision
ofthe 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
Ihe 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.
l.h~"J..U"'''~~~ <r.5 UI,;,.lHlI;;U Hl"1"7 ~.F:KTa[l2.o Ilave-me--op-p~o~rrum.ty to patnclpafeln
the performance of contracts and subcontracts fmanced 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. illcorporationofFederal Transit Administration (FTA) Terms
All contractual provisions required by the tJSDOT, as set forth in FTA Circular 4220.1D, 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 ofa conflict withother 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 b.e in violation oftheFTA terms and conditions.
1 .. I:> .
" 1\ 7
B. DBEObligation. The Recipient orits 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 FTA Circular 4220.1D, dated
April 15, 1996 or any subsequent amendments, are hereby incorporated by reference. Anything to
the contrary herein notwithstanding, all FT A mandated terms shall be deemed to control in the
event of a conflict with other provisions contained in this Agreement. The Recipient shall not
perform any act, fail to perform any act, or refuse to comply with any WisDOT requests that
would cause WisDOT to be in violation of the FTA terms and conditions.
,
19. Drug and Alcohol Testing
The Recipient agrees to comply with the following Federal substance abuse regulations:
a.Drug-FreeWorkplace. 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. A1coholMisuse and Prohibited Drug Use. FTA regulations, "Prevention of Al coho 1 Misuse
and Prohibited Drug Use in Transit Operations," 49 CFR Part 655, to the extent applicable.
20. Intelligent Transportation System Program
. The Recipient agrees that it will comply with all requirements of Section vn 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) of that Notice.
21. Access Requirements for Persons with Disabilities
The Recipient agreesto 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 ihe 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 acces~ible facilities and services be made available to persons with
disabilities, including any subsequent amendments to that Act, and with the Architectural
Barriers Act of1968, as amended, 42 U.S.c. SS 4151 et seq., which requires that buildings and
public accommodations be accessible to persons with disabilities, including any subsequent
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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 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 BarriersCompliance Board (U.S. ATBCB)/U.S.
DOT regulations, "Americans With Disabilities (ADA)Accessibility Specifications for '
Transportation Vehicles," 36 C.F.R. Partl192 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 ofthe Americans with Disabilities Act," 29 C.F.R. Part 1630;
(8) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services
and Related Customer Premises Equipmentfor 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 transit/FTA Issues/federally required contract clauses (operating) Nov04
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