HomeMy WebLinkAboutCerebral Palsy of ME WI non-school transport services 2008AGREEMENT 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 Inc.
and the City of Oshkosh, that the City of Oshkosh will accept billing from Cerebral Palsy of Mideast
Wisconsin Inc. during the 2008 calendar year and will provide payment to Cerebral Palsy of Mideast
Wisconsin Inc. for non - school transportation services performed.
Cerebral Palsy of Mideast Wisconsin Inc. agrees to pay the City 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 2008 exceeds
$14,672 Cerebral Palsy of Mideast Wisconsin Inc. shall pay 100% of the non - school transportation costs.
This agreement shall remain in effect during the calendar year 2008.
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
1ti 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. Any lawsuit brought or threatened settlement reached or local, state, or federal government
or agency order, including, but not limited to claims, costs, liabilities, or expenses arising
from federal, state, or local law;
C. Any violation of laws, orders, regulations, requirements, or demands of any governmental
authorities; and
D. Any breach or violation of any contractual provision of whatever kind with any third party.
Cerebral Palsy of Mideast Wisconsin Inc. agrees to maintain worker's compensation insurance in
accordance with the statutory requirements of the State of Wisconsin.
Cerebral Palsy of Mideast Wisconsin Inc. agrees to maintain during the life of its agreement such public
liability, vehicle liability and property damage insurance as shall protect the City of Oshkosh and Cerebral
Palsy of Mideast Wisconsin Inc. from all claims for damages, personal injury, including accidental death,
as well as claims for property damages which may arise from operations under this agreement whether such
operations be by Cerebral Palsy of Mideast Wisconsin Inc. or by others directly or indirectly employed by
either of them, by naming them as additionally insured with respect to this program. The minimum of
insurance shall be:
$350,000 combined single limit per accident, as well as the required workman's
compensation insurance with the City named as additional insured.
The insurance specified above shall be an acceptable insurance company authorized to do business in the
State of Wisconsin, and shall be taken out before work is commenced and kept in effect until all work is
completed. The City shall be given a minimum of 30 days notice in the event of change or cancellation of
any insurance requirements. The City shall be named "additionally insured" on all policies.
Cerebral Palsy of Mideast Wisconsin Inc..is required to follow a preventive maintenance vehicle
program, which at a minimum must conform to the vehicle manufacturer's recommended warranty and
maintenance requirements for use of the vehicle. The City shall have access to maintenance records of
all vehicles operated in fulfillment of this contract.
Cerebral Palsy of Mideast Wisconsin Inc. agrees to be subject to the rules and regulations 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 ".
2
a.
Effective January 1, 1996, Oshkosh Transit was required to implement a comprehensive drug and alcohol
program that includes random testing. All employees of Oshkosh Transit and all safety- sensitive employees
of companies that provide contracted transit and paratransit services for Oshkosh Transit are included in
this program. Enclosed (Appendix B) is Oshkosh Transit's drug and alcohol policy manual for paratransit
providers.
All providers of paratransit service are required to participate fully in Oshkosh Transit's drug and alcohol
program. All company employees or officials who perform safety- sensitive duties are required to
participate in the program. Safety- sensitive individuals include those who drive, dispatch or repair transit
and/or paratransit vehicles.
Oshkosh Transit will provide all training associated with this program. A new employee or an employee
who becomes involved in a safety- sensitive function will be required to take a pre - employment drug test
and undergo Oshkosh Transit drug and alcohol training before beginning their safety- sensitive duties. All
individuals in the drug and alcohol program who are instructed to take a drug and /or alcohol test will
promptly comply. Oshkosh Transit will pay the cost of. pre - employment tests, reasonable suspicion testing,
post- accident testing and random testing. The cost of split drug tests will be in accordance with the written
policy of Oshkosh Transit. Safety- sensitive personnel or officials of the Contractor who test positive
for either drugs or alcohol (and the positive test is confirmed as valid by the Medical Review Officer)
will be removed from their safety- sensitive position. They will be prohibited from working in any safety -
sensitive transit or paratransit position that is involved in a contractual relationship with Oshkosh Transit.
Cerebral Palsy of Mideast Wisconsin Inc. will be required to provide Oshkosh Transit a list of all safety -
sensitive and non safety- sensitive employees on a monthly basis. The initial list needs to be submitted to
Oshkosh Transit including employee's name, position, and social security number. Updates will be due
monthly on the 15 of the month for the term of the contract. Cerebral Palsy of Mideast Wisconsin Inc.
will also promptly provide upon request any other employee information required for Oshkosh Transit to
administer this program.
The City of Oshkosh (Oshkosh Transit System) reserves the right to look at the financial records of the
Cerebral Palsy of Mideast Wisconsin Inc. agency at any time during the term of this contract. Monthly
information accompanying invoices must include: the number of passengers transported during the month,
the miles logged in furnishing this non - school transportation, and the number of actual hours of driving
time in providing non - school transportation under this program.
3
Y . r/
t l.^
IN WITNESS THEREOF, the parties have caused this agreement to be executed by their respective
proper officers and affixed their corporate seals hereto this A day of Z ,
20 0&
CITY OF OSHKOSH
Pamela Ubrig
City Clerk
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
City of Oshkosh
CEREBRAL PALSY OF NHDEAST WISCONSIN
INC.
Vicky �`"
President — Board of Directors
(
M
eTi]C lI U
APPENDIX A
on as imps
a required certification or
),000 and not more than
vities `related to this contrac
ds may not be available for
ward or the award of the cc
X x1 x "LL 1V
TA regAations 'p
ed by reference in
lgated from time t( ,
institute ' a material
ation,
d %proposal
is
�t.
rntfied in an applicable State Implementation
13. Privacy Aet
The recipient agrees to comply with, and 'assures the compliance of its emplo
information restrictions and other applicable requirements of the Privacy Act
rents in
FTA,'
contract terms, and provide for such sanctions and penalties as
include provisions for bonding, penalties for late or ina
liquidated damages or other appropriate measures.
Disputes arising in the performance of this contract thai
parties shall be decided in writing by the `authorized rex
Chief of Public Transit. This decision shall be final an(
the date of receipt of its copy, the Recipient mails or ou
Chief of the Public Transit Section. Iri connection with
afforded an' opportunity to be heard and to offer eviden
of the Chief of Public Transit shall be binding and the t
Unless otherwise directed, the Recipient shall continue
matters in' dispute are being resolved.
16. Labor Protection
The Recipient agrees to comply with applicable transit
and conditions `determined by the U.S. Secretary of La
i of employees ' employed under this' cont rac
requir of 49 U:S.C. A5333(b), and U.S DOL
amendments thereto.
17. Disadvantaaed Business Enterprises
h Disabilities Act,
i with'the
iegulations to
disabilities Act," 29
,s In addition, the
may issue.
18. Incomoratio 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 ihe 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 iri violation of the FTA terms and conditions.
19. Druu and Alc Testin
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 System Program
The Recipient agrees that it y will comply with all requirements of Section VII of FTA 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 1. and subrecip ents to comply, with all applicable
requirements imposed by Section V (Regional ITS Architecture) and Section VI (Project
Implementation) of that Notice.
21. Access Reauirem for Persons with Disabilities
APPENDIX B
A AWL
z AVON T,
i_
i
WAY Wv
a to min N
SANK
0 t wo
� 1. � J.- _r
sit service vehicle including
andix A).
including, but not limited to:
ocaine. It also includes any drug
al use includes: use of or impair -
r the counter drugs, or illegally
ntain
prohi
alcohol during 'or up
A.
r<eguiavons incivae
i use or possession
to safety- sensitive
ascription medication
alcohol. It is ' the
of their use of`anIy
. va�u � v Nv vvvvvr aAwv w vv nw v uaw air. •v a.. vva+i
87 medications containing alcohol in the substances banned f
88 in the workplace. Therefore employees will not be
89 job functions while using or possessing prescription
90 if such medication ` contains any measurable an
91 responsbilityof the employee to notify his/her si
92
"medication containing a measurable amount
93
94
2.
Using alcohol within`(8) hours following an accidE
95
to be tested, unless an earlier test results in a rec
96
97
3.
Reporting for duty "or remaining on duty while ha
98
0.02 or greater.
99
100
4.
Consuming anyamount of alcohol within four (4)
101
102
5.
Using any controlled substances while on duty.
103
104
6.
Reporting or remaining o "d ut y if the employee tE
105
10
7.
Refusing'to "submit "fo any' drug or alcohol test the
107
"ROHIBITED
108
B. OSHKOSH TRANSIT P POLICIES "
109
110
These practices are "specifically prohibited "under Oshkosh Trar
111
112
1
Dispensing, distributing or receiving alcohol and cor
113
114
2.
Possession of controlled substances while on dut
115
116
117
3.
Reporting for duty "or remaining" on duty in a safet
an alcohol concentration of 0.02 or greater.
118
j
119
4.
Reporti " ng "for duty or " remaining { `on duty wh le u
120
controlled substance
121
122
5.
Providing false information concerning a test ;:
123
tampering, contamination, adulteration or substitu
124
if the employee was required
ng. of less than 0.02.
iiz•�
urs
125 6. Refusing to sign an employee acknowledgement form or failure to participate in
126 required 'drugg/alcohol training _before working in a sensitive - safety position after
127 January 1, 1996.
128
12 Any employee who violates any of these rules'set forth is subject to discipline, up`to and including
130 termination.
131
132
133 VI. REQUIRED TESTING SITUATIONS AND PROCEDURES
134
135 All safety sensitive employees will be subject to testing after January 1, 1996. All safety sensitive
136 employees are required to take drug or alcohol test when requested by a supervisor. These tests
137 maybe conducted just before, during, and just after performing a safety - sensitive function. Failure
138 to take a required drug or alcohol test will result in an employee's removal from that assignment(s)
139 and will result in immediate termination.
140
141 All time spent underggoing required alcohol or drug testing, including travel time shall be paid in
142 accordance with applicable provisions of a Collective Bargaining Agreement or the pay policy of
143 the City of Oshkosh.
144
145 Testing shall be conducted in the following situations:
146
147 A. Pre- Employment Testing - A prospective employee must take proscribed drug tests after
148 the offer of conditional employment and prior to beginning of work in a safety - sensitive
149 position. A positive test will result in the individual's, disqualification from the safety -
150 sensitive pposition and withdrawal of.the conditional employment offer. The individual will
151 be ineligible to reappply for the same safety- sensitive position for a period of one -year
152 following ;the test. Existing employees who transfer from a non safety - sensitive position
153 to a safety - sensitive position will be subject to the same procedures as the prospective
154 employment except a positive test will automatically result in disqualification for a period 155 of one year from the safe t sensitive position. A positive test may also result in additional
yy
156 discipline action against the employee up to and including dismissal. Employees and
157 ' prospective employees will be able to request that the split test be performed under the
15 guidelines specified in Section VII /Part C of this policy statement. FTA Regulations
159 (effective May 10, 1995) no longer require pre - employment alcohol testing.
160
161 B . Reasonable Suspicion Testing - A safety- sensitive employee can' be subjected to
162 reasonable suspicion testing if a s upervisor believes there is reasonable cause to suspect
163 drug or alcohol impairment:
164
165 1. There is reason ,to suspect impairment based a on documentable objective facts
166 and circumstances. These circumstances include but are not limited to;,em loyee
167 appearance, employees manner of acting or reacting, employee behavior, indication
168 of controlled substance withdrawal, speech, breath, odor, indication of chronic
169 effects of controlled substa The" supervisor may act if he /she believes the
170 employee is under the influence of controlled substance prior, during or after the.
171' performance of a safety - sensitive function.-
172
173 2. This behavior.or impairment is observed to prior, during or after the performance of
174 safety- sensitive functions;
175 ;.
176 If the supervisor believes that reasonable suspicion testing is warranted, the "following
177 steps should be followed:
179 a) The empployee should be removed from the safety sensitive function
180 immediate)
Y•
181
immediately. � � .. '
182 b) The supervisor`should escort the employee to the drug /alcohol testing site.
183 The alcohol test shall take place no later than (8) hours and the drug test no
184 later than (24) hours after the, reasonable suspicion is determined. If the
185 alcohol test shall take place more than (2) hours but less than (8) hours after
186 the reasonable suspicion is determined, the supervisor will be required to
187 complete a report explaining the reason for the delay.
188
189
a
3. The supervisor will wait at the clinic until the testi "ng has b completed."
190
191
�
4. The employee shall not return , to dufy until the results of the test are known.
192
193
l of be allowed to drive "Home if the
5. The employee "will n alcohol test and confirmation
194
indicate a blood 'alcohol level of 0.02: or greater. An alternate mode of
195
transportation must be provided and it is the responsibility of the employee to
196
arrange alternate transportation.
197
198
199
6. If the employee has been removed "from their safety - sensitive position as a result
y
of reasonable suspicion of drugg use by their supervisor, they will be removed from
200
all safety- sensitive duties pending the results of the drug test. - If the drug test is
201
202
negative, they will be reinstated and the suspension will be removed from their
If the drug
record. test is positive, they will be subject to the discipline procedure
203
associated with a ositive drug test.
p 9
204
2 05
7. The supervisor will " complete and Vsign a copy of the Reasonable" Suspicion
206
Observation Form within 24 hours of removing the employee from the safety-
207
sensitive function.
208
209 C.
210
Random Testing - All "employees' in "safety- sensitive ositions will be subject to random" ..
p ,
testing. The testing may be immediately
conducted before, during or immediately after the
211
212
performing of the employee's safety- sensitive duties. Employees of Oshkosh Transit and
other employers who contract with Oshkosh Transit will be pFaced in a pool of employees
213
subject to testing. The individuals who will be tested will
be selected from a pool of
214
employees subject to testing. The testing dates and times will be unannounced and will
215
occur with random frequency throughout the year. Random alcohol tests will equal 25
216
217
percent of all employees in the testing pool; drug tests will be 50 percent of employees in
the These testing levels
218
pool. are based upon Federal Transit. Administration
requirements. Testing levels will change if required Federal Transit Administration Testing
219
220
levels change.
w
221
222
Occupational Health Systems will select emplo ees for rand om "using ascientifically
yy
valid method of random number generation. The method will consist of computer based
223
224
random number generation which will match with individual's Social Security numbers: All
em to ees will p y h ave an equal possibility of being selected on each occasion that
225
selections are made. Hence, some employees will be required to take more than one test
22 6
during a year, while others ;will not be tested at all during a year.
227
;>
228 D.
22 9
Post- Accident Testing - Federal Transit Administration "polic requires post- accident
y
testing if employees are involved in an accident with a Oshkosh Transit vehicle that results
230
in:
231
232
A. A fatality�
233
2. An individual s' ring i njury and receivin immediate
) ry g m treatment
234
. edical
3. The transit vehicle or any vehicle involved in the accident is towed OR the transit.
23
vehicle is removed from service as a result of disabling damage incurred in the
236
accident:
237
238
239
The employee will report the accident to their supervisor immediately. " If no su p "ervisor is "
duty w ill
on supervisors be contacted according to the S Call -out Schedule.
240
Failure to contact a supervisor when post accident testing is required or refusing to take
241
" a drug /alcohol test will result in an ' "employee's termination. Between the time the employee
242
24
is involved in the accident until the after the drug time test occurs'the employee is to
refrain from for
alcohol use no less than eight hours and remain available for drug and
24
alcohol testing.
245
246
The employee upon direction of the supervisor shall report to the drug /alcohol testing site.
247
248
The alcohol test shall take place no later than (8) hours and the drug test no later than (24)
hours after the accident. If the alcohol test `shall take `place more than (2) hours but less
249
than �8) hours "after the accident, the supervisor will be required to complete a report
250
explaining the reason for the delay.
251
313
III.',
6
�, � �,,
,.
�, ,
°._
8
�asunng an employee's blc
T) will administer the test. `k
are for a drug test at OHS/
ication. The Breath Alcohol
:d with performing the Evide
alconoi
ification
The
hnician
Breath
5
498 5. Leaving he scene of an accident without a valid reason before the tests have been
499 conducted; or
500 6. Failure to sign required testing forms for 'urine collection.
501
502
503
504 X1. CONFIDENTIALITY OF RECORDS
505
506 The Oshkosh Transit System respects the privacy rights of all of its employees. It understands
507 that the nature of these tests requires respect for the employees' rights for confidentiality. Test
508 results will be communicated to the employee, their supervisor, and the drug and alcohol program
509 manager. Oshkosh Transit will not reveal these records or the identity of any employees partici-
510 pating in related treatment programs unless one of the following circumstances arise:
511
512 1. The employee directs release of records /information to a third part yy` in writing
513 (exceptions: Medical Review Office, Substance Abuse Professional, and /or Program
514 anager).
515
516 2. Oshkosh Transit may disclose information related to a test result to the decision
517 maker in a lawsuit, grievance, on behalf of the employee tested.
518
519 3. Upon written request, Oshkosh Transit will provide any employee with their records
520 relating to his /her test.
521
522 4. Oshkosh Transit must release information to the National Transportation Safety
523 Board (NTSB) about any post accident test performed for an accident that is under.
524 NTSB investigation.
525
526 5. Oshkosh Transit will make available copies of all results of employee testing
programs, rograms, and any other records p programs pertaining to testing pro rams when requested by
528 the US Department of Transportation (DOT) or any other recordspertaming to
529 = programs when requested by [SOT or any DOT agency with regulatory
530 over Oshkosh Transit or any of its employees. It will also reply to similar
531 requests with Wisconsin agencies that have authorized oversight responsibilities.`
532
533 ..
534 These exceptions to employee confidentiality are required by' Fed e - ral Transit Administration
535 guidelines.
536
537
538 XII. TRAINING
539
540 All employees will be subject to a minimum of sixty minutes of training. It will focus upon the
541 effects and indicators of drug user Training will be primarily by the use of audio= visual materials
542 that are incompliance with Federal Transit Administration guidelines. New employees will receive
543 this training prior to performance of safety sensitive duties. All employees will also be required to
544 read this document and verify that they have read and understand this policy and agree to fully
545 comply with it with the Drug and Alcohol Verification Form.
546
547 All supervisors will receive a minimum of 120 minutes` of training in addition to the training
548 indicated above. Sixty minutes of the training will be with respect to the alcohol program and sixty
549 minutes will be for the drug program.
550
551
552
553
554
555
APPENDIX A "`
556
5 ADVOCAP :.
557
6 ANY FUTURE FEDERALLY
558
- SAFETY SENSITIVE POc
559
B.
COVERED UNDER F
560
DRUG AND ALCOHOL REG!
561
C.
DISPATCHERS FOR ZION ELDERCARE
562
563 L
OSHKOSH TRANSIT EMPLOYEES
564
604
565
A.
DRIVERS (FULL-TIME)
566
606
567
B.
DRIVERS (PART- TIME)
568
608
F.
569
C.
MECHANICS
570
610
571
D.
SERVICE TECHNICIAN
572
612
573
E.
MECHANIC/OPERATORS
574
614
575
F.
ADMINISTRATIVESECRETARY
576
616
577
G.
MAINTENANCE SUPERVISOR
578
579
H.
TRANSIT COORDINATOR
580
581
L
TRANSPORTATION SUPERVISOR._
582
..
583
J.
TRANSPORTATION DIRECTOR
584
585
K.
OFFICE CLERK (PART - TIME)
586
587 II.
NON OSHKOSH TRANSIT EMPLOYEES
588
589
A.
ALL OSHKOSH CAB COMPANY EMPLOYE
590
VAN, PERFORM REPAIRS OR DISPATCI
591
592
1 DIAL -A -RIDE
593
2 , CABULANCE
594
'3 RURAL OVER 60'
595
4 RURAL UNDER 60
596
5 ADVOCAP :.
597
6 ANY FUTURE FEDERALLY
598
599
B.
BUS DRIVER(S)'FORZION ELDERCARE
600
601
C.
DISPATCHERS FOR ZION ELDERCARE
602
603
D.
KOBUSSEN, BUSES, LTD. DRIVERS, MI
604
;
605
E.
LAKESIDE PACKAGING PLUS, `IN(
606
DISPATCHERS.
607
608
F.
'ANY FUTURE EMPLOYEES OR VOLUN
609
SENSITIVE `FUNCTION AS DEFINED`
610
OSHKOSH TRANSIT.
611
612
613
614
615
616
617
'IONS
ATIONS
JY
Tn
618 ;.
619 Apotwt _
XB
620
621
622 POLICIES CONCERNING EMPLOYEES WITH BUSINESSES T
HAT CONTRACT WITH
623 OSHKOSH TRANSIT
624 , .,
625 Federal Transit Administration guidelines require that all66 1 mpaniesthat contract with Oshkosh
626 Transit have all persons who perform safety - sensitive functions undergo drug and alcohol testing
627 procedures outlined in the policy manual.
628
629 The Contractor will be required to be included with Oshkosh Transit in their drug and alcohol
630 testin.9 program. This program will include all employees of Oshkosh Transit and all safety-
631 sensitive employees of companies that provided contracted transit and paratransit services for
632 Oshkosh Transit. Safety - sensitive employees include all employees who drive, repair or dispatch
633 transit and /or paratransit vehicles. The, Federal Transit Administration mandated drug and alcohol
634 testing program will be effective January 1, 1996 for Oshkosh Transit.
635
636 Oshkosh Transit will provide all training associated with this program. A new employee or an
637 employee who becomes involved in a safety- sensitive function after January 1, 1996 will be
638 reouired to take apre- employment drug test and undergo Oshkosh Transit drug and alcohol
639 training before beginning their safety - sensitive duties. Oshkosh Transit will communicate the time
640 and date that safety- sensifive employees are required to take drug and alcohol tests. All
641 individuals who are instructed to take a drugtest must do so at the time, date and location indicat-
642 ed.` Oshkosh Transit will spay the cost of: `drug and alcohol training, pre- employment tests,
643 suspicion testing, ppost- accident testing and random testing. The cost of split drug tests will be in
644 accordance with the written policy of Oshkosh Transit.
645
646 Safety - sensitive personnel of the Contractor who test positives l either., ruggs or alcohol, when
647 that positive test is verified.' by the Medical ,Review~ Officer will be removed from their safety-
648 sensitive position. They will be prohibited from working in` any safety_sensitive aratransit position
649 that contracts with Oshkosh_ Transit. The Contractor will be required to provide Oshkosh Transit
650 a list of all new safety- sensitive and non safety - sensitive employees on a quarterly basis_ A list
651 of all employees will be provided on an annual basis. The initial list needs to be . submitted to
652 Oshkosh Transit no later than October 28, 1995. It will ,include the employee's ° name; position;
653 social security number, and indicate if that is a safety- sensitive employee. Subsequent lists will
654 be updated monthly for the term, of the contract. The Contractor will also promptly provide upon
655 request any additional employee information necessary`for Oshkosh Transit to administer this
656 program.
657
658 The Contractor agrees to abide by the conditionsand guidelines spelled out in the Oshkosh
659 Transit System Drug and Alcohol Policy. if the Contractor wishes to have drug and alcohol policies
660 different from Oshkosh Transit, it must submit these policies in writing to Oshkosh Transit for
661 approval. Oshkosh Transit reserves the right to accept or reject any changes to the existing drug
662 and alcohol policy. Contractor's can set up their own drug and alcohol program. Contractors must
663 submit a letter no later than December 15 of each year certifying that 'they °have set up a program
664 which complies with FTA regulations for the following calendar year. Oshkosh Transit will no pay
665 the Contractor any of its costs if it opts for a separate program.
666
667
668
669
670
671
672 ,.
673
674
675
676
677