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HomeMy WebLinkAboutBethal Home/GO Transit 2008AGREEMENT BETWEEN THE CITY OF OSHKOSH AND BETHEL HOME, INC. FOR THE PROVISION OF TRANSPORTATION SERVICES WHEREAS, it has been determined to be beneficial to the City of Oshkosh and Bethel Home, Inc. to have the City of Oshkosh assume the responsibility for the payment of transportation services provided for and by Bethel Home, Inc.. NOW, THEREFORE, IT IS AGREED by and between Bethel Home, Inc. and the City of Oshkosh, that the City of Oshkosh will accept billing from Bethel Home, Inc. during the 2008 calendar year and will provide payment to Bethel Home, Inc. for transportation services performed. Bethel Home, Inc. agrees to pay the City of Oshkosh 71 % of the transportation costs provided for and by Bethel Home, Inc. If the total cost of transportation services provided by or for Bethel Home, Inc. in 2008 exceeds $12,000 Bethel Home, Inc. shall pay 100% of the transportation costs. This agreement shall remain in effect during the calendar year 2008. That Bethel Home, 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 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 Bethel Home, 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 to the provision of transportation services under this agreement including but not limited to: T Y 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. Bethel Home, Inc. agrees to maintain worker's compensation insurance in accordance with the statutory requirements of the State of Wisconsin. Bethel Home, 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 Bethel Home, 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 Bethel Home, 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: $500,000 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. Bethel Home, 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. Bethel Home, 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 ' s 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. Bethel Home, 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. Bethel Home, 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 Bethel Home, 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 transportation, and the number of actual hours of driving time in providing transportation under this program. I I y IN WITNESS THEREOF, the parties have caused this agreement to be executed by their respective proper officers and affixed their corporate seals hereto this :L day of 20 ©�( CITY OF OSHKOSH APPROVED BY: Lorenso Assi tant City Attorney BETHEL HOME, INC. Kris Krentz Administrator 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 0 i } APPENDIX A all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This assurance is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of the assurance and 'certification is a prerequisite for making or entering into this transaction, as imposed by 31 U.S.C. 1352. Any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure. 5. Public Records Access It is the policy of the Department to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities related to this contract. Bid /proposal openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract. The Recipient agrees to require its third'party contractors and third partysubcontractors 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 contract that have not been awarded on the basis of competitive bidding for a`capital or improvement Project, as required by 49 U.S.C. § 5325(a). The Recipient fitrther agrees to require its third party contractors and third party subcontractors at as many tiers of the Project as required to provide sufficient access to third party procurement records as needed for compliance with Federal regulations or to assure proper Project management as determined by FTA. 6. Federal Changes The Recipient agrees that it will comply with 49 CFR Part 18; U.S. Department of Transportation regulations relating to applicable FTA regulations, policies,procedures, and directives, including those directly listed or included by reference in Form FTA MA (6) dated October, 1999, as they may be amended or promulgated from time to time duri ng the term of this Contract. Recipient's failure to so comply shall constitute a material breach of this Contract. 7. Clean Air This requirement applies to all contracts exceeding $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year. The Recipient agrees to comply with all applicable regulations, standards, orders, and requirements implementing the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. In addition (a) The Recipient agrees to comply with the applicable requirements of the U.S. EPA regulations, "Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act," 40 C.F.R. Part 51, Subpart T; and "Determining Conformity of Federal Actions to State or Federal Implementation Plans," 40 C.F.R. Part 93. To support the requisite air quality conformity finding for the Project, the Recipient agrees to implement each air quality mitigation or control` measure incorporated in the Project. The Recipient further agrees that any Project identified in an applicable State Implementation Plan as a Transportation Control Measure will be wholly consistent with the design concept, and scope of the Project described in the State Implementation Plan. (b) U.S. EPA also imposes requirements implementing the Clean Air Act, as `amended, that may apply to transit operators, 'particularly operators of large transit bus fleets. Accordingly, the Recipient agrees to complywith the following U.S. EPA regulations to the extent they are applicable to the Project: "Control of Air Pollution from Motor Vehicles and Motor Vehicle Engines," 40 C.F.R. Part 85; "Control of Air Pollution from New and In-Use Motor Vehicles and New and In -Use Motor Vehicle Engines: Certification and Test Procedures," 40 C.F.R. Part 86; and "Fuel Economy of Motor Vehicles," 40 C.F.R. Part 600. (c) The Recipient agrees to comply with the notification of violating facility requirements of Executive Order No. 11738, "Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42 U.S.C., § 7606 note. 8. Recycled Products The Recipient agrees that it will comply with 42 USC § 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 EPA, when the purchaser or contractor procures $10,000 or more of such items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000, using federal funds. 9. No Government Obligation to Third Parties The Recipient agrees that it will comply the U.S. Department of Transportation regulations relating to contractual. liability of the Federal Government to third parties as follows: A. ` The Recipient' and contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government iri'or approval of the solicitation or award of the '` underlying contract, absent the express' consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Recipient, contractor, or any other party (whether or not party to that contract) pertaining to any matter resulting from the underlying contract. B. The Recipient agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 10. Pr adni Fraud and False or Fraudulent Statements and Related Acts A. The Recipient acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC § 3801 et sue. and U.S. DOT' regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Recipient certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Recipient farther acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil 18." Incorporation of _F ederal Transit Administration (FTA) Terms i APPENDIX B z 1 125 6. Refusing to sin an` employee acknowledgement form or failure to participate in 126 required drug /alcohol training before working in a sensitive - safety position after 127 January 1, 1996. 128 129 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 drag or alcohol test when requested byy a supervisor. These tests 137 may be conducted ))just before, during, and just after performing a safety- sensitive function. Failure 138 to take a required drag 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 undergoing 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 position 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 wilt 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 safety- sensitive position. A positive test Tay also result in additional 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 158 uidelines specified in Section VII /Part C of this policy statement. FTA Regulations' 159 'Feffective May 10, 1995) no longer require pre- employment alcohol testing. 161 B. Reasonable Suspicion Testing - A safety - sensitive employee can be su 160 subjected to 162 reasonable suspicion testing if a supervisor believes there is reasonable cause to suspect 163 drug or alcohol impairment: 164 165 1. There is ` reason to suspect' based u on documentable objective facts 166 and circumstances. These circumstances include but,are.not limited t_employee` 11 167 appearance, employees manner of acting or reacting, employee behav ior, indication 168 of controlled substance withdrawal, speech, breath, odor, indication of chronic 169 effects of controlled substances. 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 . avior or impairment is observed to prior, duringor 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 employee should be removed from the safety = sensitive function 180 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 determine 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 3 a as `y 189 3. The supervisor will wait at the clinic until the "testing has been" completed. 190 191 4. The employee shall nofi return to duty until the resuits'of the test are known. 192 193 5. The employee will not be allowed to drive homeif the 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 19 6 arrange alternate transportation. 197 198 6. If the employee has been removed from their safety - sensitive position as a result 199 of reasonable suspicion of drug 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 negative, they will be reinstated and the suspension will be removed from their 202 record. If the drug test is positive, they will be subject to the discipline` procedure 203 associated with a positive drug testa 204 205 7. The supervisor will complete and sign 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 . Random` Testing - All employees in safety- sensitive p ositions will be subject to random " 210 testing. The testing may be conducted immediately before, during or immediately after the 211 performing of the employee's safety- sensitive duties. Employees of Oshkosh Transit and 212 other employers who contract with Oshkosh Transit will be placed 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 ran dom frequency throughout the year. Random alcohol tests will, equal 25 p 216 ercent of all employees in the testing pool; drug tests will be `50 percent of employees in " 217 the pool. These ,testing levels are base d upon Federal Transit Administration 218 requirements. Testing levels will change if required Federal Transit Administration Testing 219 levels change. 220 221 Occupational Health�Systemswill`select emplo ees for random testing using a scientifically y 222 valid method of random number generation.; The method will consist of computer based 223 random number "generation which will match with individuals Social Security numbers. All .224 employees will have 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. Post- Accident Testing Federal" Transit Administration polic ' requires post - accident 229 testing if employees are involved in an accident with a Oshkosh Transit vehicle that results 230 in: 231 232 1. A fatality 233 2. An` individual suffering bodily in a yand redeiving� immediate medical treatment. 234 3. The transit vehicle or any vehicle involved in the accident is towed OR the transit 235 vehicle is removed from service as a result of disabling damage incurred in the 236 accident: 237 d 238 The' e "employee will re'' epor-t the accident fo their supervisor immediately. If no su p ervisor is 239 on duty supervisors will be contacted according to the Supervisor 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 anemployeeIs termination. Between the time the employee 242 is involved in the accident until the after the drug time testing occurs the employee is to 243 refrain from alcohol use for no "less than eight hours and remain available for drug and 244 alcohol testing. 245 246 The'employee upon direction of the supervisor shall report to the drug /alcohol testing site 247 The alcohol test shall take place no later than (8) hours and the drug test no later than (24) 248 hours after the accident. Ifthe alcohol test shall take place more than (2) hours but less 24 than r 8) hours after the accident; the supervisor will be required to complete a report 250 explaining the reason for the delay.. " 251 t "... 5 6 i 498 5. Leaving the 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 XI. 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 Manager). 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 ;ern ployee 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 527 programs, and any other records pertaining to testing programs when requested by 528 the US Department of Transportation (DOT) or any o ther recordspertainingg to 529 testing programs when requested by DOT or any DOT agency with regulatory 530 authority over Oshkosh Transit or any of its employees. It will also reply to similar 531 requests with Wisconsin` agencies that have authorized It responsibilities. 532 533 534 These exceptions to employee confidentiality are required by Federal Transit Administration 535 guidelines. 536 537 538 X11. TRAINING 539 540 AII employees will be 'subject to a minimum of sixty minutes of training. It will focus upon the 541 effects and indicators of drug use. Training will be primarily by use of audio- visual materials 542 that are in compliance 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 J. APPENDIX A­ 556 557 K. OFFICE CLERK (PART — TIME) 558 SAFETY SENSITIVE POS 559 NON OSHKOSH TRANSIT EMPLOYEES .. ­ '7 COVERED UNDER F 560 DRUG AND ALCOHOL REGI 561 ALL OSHKOSH CAB COMPANY EMPLON 590 562 VAN, PERFORM REPAIRS OR DISPAT 591 563 I. OSHKOSH TRANSIT EMPLOYEES 564 1 . DIAL —A -RIDE 593 565 A. DRIVERS (FULL=TIIVIE)' ` 566 3 RURAL OVER 60 595 567 B. DRIVERS (PART — TIME) 568 5 ADVOCAP 597 569 C. MECHANICS 570 599 571 D. SERVICE TECHNICIAN 572 f 601 573 E. ' MECHANIC /OPERATORS 574 603 575 F. ADMINISTRATIVE SECRETARY_ 576 605 577 G. MAINTENANCE SUPERVISOR` 578 DISPATCHERS. 607 579 H. TRANSIT COORDINATOR 580 ANY FUTURE EMPLOYEES 'OR VOLUIs 609 581 L TRANSPORTATION SUPERVISOR' ` 583 J. TRANSPORTATION DIRECTOR 584 585 K. OFFICE CLERK (PART — TIME) 586 587 II. NON OSHKOSH TRANSIT EMPLOYEES .. ­ '7 588 589 A. ALL OSHKOSH CAB COMPANY EMPLON 590 VAN, PERFORM REPAIRS OR DISPAT 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 600 f 601 C. DISPATCHERS FOR ZION ELDERCARE 602 603 D. KOBUSSEN BUSES, LTD V DRIVERS, MI 604 605 E. LAKESIDE PACKAGING ` PLUS, " IN , 606 DISPATCHERS. 607 , 608 F. ANY FUTURE EMPLOYEES 'OR VOLUIs 609 SENSITIVE FUNCTION AS' DEFINED 610 OSHKOSH TRANSIT.,' 611 612 613 614 615 616 617 AS ;TIONS Jim[ "fl, 618 619 APPENDIX 1B 620 621 622 POLICIES CONCERNING EMPLOYEES WITH BUSINESSES THAT CONTRACT WITH 623 OSHKOSH TRANSIT 624 625 Federal Transit Administration guidelines require that all companies that 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 testing 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 a pre - employment drug test and undergo Oshkosh Transit drug and alcohol 639 training before beginning their safety- sensitive duties. Oshkosh_ Transit . will. communicate the time 6 4 0 and date tha safety- sensitive employees' are required to take drug and alcohol tests: All 641 indi who are instructed to take a drug test must do so at the time, date and location indicat- 642 ed. Oshkosh Transit will pay the cost of: ;drug and alcohol training pre - employment - tests, 643 suspicion testing, post- 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 positive for either druggs or alcohol, when 647 that positive test is verified by the Medical Review Officer will be remove 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 n later than October 28 1995. It will'include'the employee's name, position, 653 social security number, and in if that is a safet 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 Contra agrees to abide by the conditions' and guidelines spelled out in the Oshkosh 659 Transit System Drug and Alcohol Pelicy. 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 fight to acceptor 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 not 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 11 i (FTA) requires 'grantees to have a y= sensitive employees; and as developed a drug and alcohol :lines; and capital and operating Y -. LI IG VUI I II I IUI I VUUI R.11 -UI LI M VILY UI r the Oshkosh Transit System.