Loading...
HomeMy WebLinkAboutLakeside Packaging PlusAGREEMENT BETWEEN THE CITY OF OSHKOSH, WINNEBAGO COUNTY AND LAKESIDE PACKAGING PLUS FOR PROVISION OF LAKESIDE PACKAGING PLUS INC TRANSPORTATION SERVICES WHEREAS, Winnebago County has previously entered into agreements with Lakeside Packaging Plus Inc. for the provision of transportation services for its Oshkosh facility and other sites of client service within the City of Oshkosh; and WHEREAS, it has been determined to be beneficial to the City of Oshkosh and Winnebago County, to have the City of Oshkosh assume the responsibility for the payment of transportation services provided for and by Lakeside Packaging Plus, Inc. NOW, THEREFORE, IT IS AGREED between Winnebago County and the City of Oshkosh, that the City of Oshkosh will accept billing from Lakeside Packaging Plus, Inc. for calendar year 2008 and. will provide payment to Lakeside Packaging Plus, Inc. for transportation services performed. 1) Winnebago County agrees to pay the City of Oshkosh 71.0% of the transportation costs provided for and by Lakeside Packaging Plus, Inc. If the total cost of transportation services provided by or for Lakeside Packaging Plus, Inc. in 2008 exceeds $167,414, Winnebago County shall pay 100% of the transportation costs up to a limit of $184,155. This agreement shall remain in effect during the calendar year 2008. 2) That Winnebago County agrees to indemnify and hold harmless the City of Oshkosh, including its directors, officers, employees, insurers and successors, from and against any and all claims, demands, penalties, fines, causes of action, liabilities, settlements, damages, costs, and expense, including, without limitation, attorney's and consultants' fees, investigation fees, court costs and litigation expenses, and other costs of defense, known or unknown, contingent or otherwise, arising out of or in any way related to the provision of transportation services under this agreement including but not limited to: A. 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 Ply -1- 3) The City of Oshkosh agrees to indemnify and hold harmless Winnebago County, including its directors, officers, employees, insurers and successors, from and against any and all claims, demands, penalties, fines causes of action, liabilities, settlements, damages, costs, and expense, including, without limitation, attorney's and consultants' fees, investigation fees, court costs and litigation expenses, and other costs of defense, known or unknown, contingent or otherwise, arising out of or in any way related to the provision of transportation services under this agreement including but not limited to: A. Any personal injury or bodily injury (including wrongful death) or property damage (real or personal); B. Any lawsuit brought or threatened settlement reached or local, state, or federal government or agency order, including, but not limited to claims, costs, liabilities, or expenses arising from federal, state, or local law; C. Any violation of laws, orders, regulations, requirements, or demands of any governmental authorities; and D. Any breach or violation of any contractual provision of whatever kind with any third party. 4) Lakeside Packaging Plus, Inc. agrees to maintain worker's compensation insurance in accordance with the statutory requirements of the State of Wisconsin. 5) Lakeside Packaging' Plus, Inc. agrees to maintain during the life of its agreement such public liability, vehicle liability and property damage insurance as shall protect the City of Oshkosh and Lakeside Packaging Plus, Inc. from all claims for damages, personal injury, including accidental death, as well as claims for property damages which may arise from operations under this agreement whether such operations be by Lakeside Packaging Plus, Inc. by others directly or indirectly employed by either of them, by naming them as additionally insured with respect to this program. The minimum of insurance shall be: $350,000 combined single limit per accident, as well as the required workman's compensation insurance with the City named as additional insured. The insurance specified above shall be an acceptable insurance company authorized to do business in the State of Wisconsin, and shall be taken out before work is commenced and kept in effect until all work is completed. The City shall be given a minimum of 30 days notice in the event of change or cancellation of any insurance requirements. The City shall be named "additionally insured" on all policies. 6) Lakeside Packaging Plus, Inc. agrees to be subject to the rules and regulations of the Wisconsin Department of Transportation (WISDOT) and the Federal Transportation Administration (FTA) under the provision of the Urban Mass Transportation Act of 1964, as amended. Federal guidelines are specified in Appendix A, "Applicable Federal Regulations ". -2- i t Lakeside Packaging Plus, Inc. agrees to be subject to Oshkosh Transit's drug and alcohol policy which is effective January 1, 1996 that is described in Attachment B. The intention of paragraphs 3 and 4 above is that each party shall be responsible for the actions of its own employees and agents. Further this paragraph shall be construed liberally in favor of the party seeking indemnification hereunder. IT IS FURTHER AGREED by and between parties hereto that in consideration of the costs paid by the County, that Winnebago County shall collect and retain all user fees and fares which may be derived through the use of these routes. IN WITNESS THEREOF, the parties have caused this agreement to be executed by their respective proper officers and affixed their corporate seals hereto this day of 20 Pd. CkTY OF OSHKOSH WINNEBAGO COUNTY City Pamela Ubrig City Clerk OVED BY: Lore� Assistant City Attorney 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 W/ C/ �� Mark Harris Coun y Executi ue Ertmer County Clerk LAKESIDE PACKAGING PLUS, INC. Dr. David"— rotski Executive Director WITNESS -3- T t- r APPENDIX A � r a i FEDERALLY REQUIRED CONTRACT CLAUSES To be included in third party transit contracts (Updated 11/02/2004) 1. Charter and School Bus Restriction The Recipient agrees that it will not engage in charter or sightseeing services except in compliance with 49 CFR, Part 604. The Recipient also agrees that it will not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators, in accordance with 49 CFR, Part 605. All vehicles operated by the transit system will remain open to the public at all times and will be clearly marked for public use. 2. Energy Conservation The Recipient agrees to comply with the mandatory energy efficiency standards and policies within the applicable State energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. §§ 6321 et seq. 3. Clean Water The Recipient agrees that it will comply with U.S. Department of Transportation regulations relating to the Federal Water Pollution Control Act, as amended, 33 USC § 1251 et seq. In addition: (a) The Recipient agrees to protect underground sources of drinking water consistent with the provisions of the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. §§ 300f et seq. (b) The Recipient agrees to comply with the notification of violating facility requirements of Executive Order No. 11738, "Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42 U.S.C. § 7606 note. 4. Lobbying Certification The Recipient, in compliance with 49 CFR Parts 19 and 20, hereby assures and certifies that for any application for a Federal assistance exceeding 5100,000: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract or grant, the Recipient shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The Recipient shall require that the language of this certification will be included in the award documents for 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 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 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 further agrees to require its third party contractors and third party subcontractors at as many tiers of the Project as required to provide sufficient access to third party procurement records as needed for compliance with Federal regulations or to assure proper Project management as determined by FTA. 6. Federal Changes The Recipient agrees that it will comply with 49 CFR Part 18; U.S. Department of Transportation regulations relating to applicable 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 during the term of this Contract. Recipient's failure to so comply shall constitute a material breach of this Contract. 7. Clean Air This requirement applies to all contracts exceeding $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year. 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 1 ! Y 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 comply with 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. 117 3 8,. "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. Recvcled 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 the 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 in or approval of the solicitation or award of the underlying contract, absent the express consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Recipient, contractor, or any other party (whether or not party to that contract) pertaining to any matter resulting from the underlying contract. B. The Recipient agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 10. Program Fraud and False or Fraudulent Statements and Related Acts A. The Recipient acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Recipient certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Recipient further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil r Remedies Act of 1986 on the Recipient to the extent the Federal Government deems appropriate. B. The Recipient also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 USC § 5307, the Government reserves the right to impose the penalties of 18 USC § 1001 and 49 USC § 5307(n)(1) on the Recipient, to the extent the Federal Government deems appropriate. C. The Recipient agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 11. Termination A. The Department may terminate this Contract at 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 CFR Part 29, Appendix B, and must be included in IFB's and RFP's (for inclusion by contractors in their bids or proposals) for all contracts over $25,000, regardless of the type of contract to be awarded. 13. Privacy Act The recipient agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 USC § 552a. Among other things, the recipient agrees to obtain the express consent of the Federal Government before the recipient or its employees operate a system of records on behalf of the Federal Government. The recipient understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. The recipient also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal Assistance provided by FTA. 14. Civil Rights The Recipient agrees that it will comply with Title VI of the Civil Rights Act of 1964 and all U.S. Department of Transportation regulations relating to enforcement of that Act. The following specific requirements apply to this contract: A. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 USC § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 USC § 12132, and Federal transit law at 49 USC § 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 requirements FTA 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 § 2000e, and Federal transit laws at 49 USC § 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 M., (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 § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Recipient and contractor agree to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Recipient and contractor agrees to comply with any implementing requirements FTA may issue. (2) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC § 623 and Federal transit law at 49 USC § 5332, the Recipient and contractor agree to refrain from discrimination against present and prospective employees for reason of age. In addition, the Recipient and contractor agree to comply with any implementing requirements FTA may issue. r (3) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 USC § 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. In addition, the Recipient agrees to comply with any implementing requirements FTA may issue. C. The Recipient also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 15. Breaches and Dispute Resolution All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Disputes arising in the performance of this contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative 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. The decision of the Chief of Public Transit shall be binding and the Recipient will abide by the decision. Unless otherwise directed, the Recipient shall continue performance under this contract while matters in dispute are being resolved. 16. Labor Protection The Recipient agrees to comply with applicable transit employee protective requirements, terms, and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. 17. Disadvantaged Business Enterprises A. Policy. It is the policy of the U. S. Department of Transportation that disadvantaged business enterprises (DBE) as defined in 49 CFR Part 26 shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this Agreement. B. DBE Obligation. The Recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure nondiscrimination in the award and administration of all contracts and subagreements supported with Federal assistance from the U.S. D.O.T. r 18. Incorporation of Federal Transit Administration (ETA) 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 FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Recipient shall not perform any act, fail to perform any act, or refuse to comply with any WisDOT requests that would cause WisDOT to be in violation of the FTA terms and conditions. 19. Drug and Alcohol Testing The Recipient agrees to comply with the following Federal substance abuse regulations: a. Drug -Free Workplace. U.S. DOT regulations, "Drug -Free Workplace Requirements (Grants)," 49 C.F.R. Part 29, Subpart F, as modified by 41 U.S.C. §§ 702 et seq. b. Alcohol Misuse and Prohibited Drug Use. FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 CFR Part 655, to the extent applicable. 20. Intelligent Transportation System Program The Recipient agrees that it 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 and subrecipients to comply, with all applicable requirements imposed by Section V (Regional ITS Architecture) and Section VI (Project Implementation) of that Notice. 21. Access Requirements for Persons with Disabilities The Recipient agrees to comply with the requirements of 49 U.S.C. § 5301(d), which states the Federal policy that elderly persons and persons with disabilities have the same right as other persons to use mass transportation service and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement that policy. The Recipient also agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. In addition, the Recipient agrees to comply with all applicable requirements of the following regulations and any subsequent amendments thereto: (1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37; (2) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27; (3) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB)/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38; (4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35; (5) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36; (6) U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101 -19; (7) U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630; (8) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R. Part 64, Subpart F; and (9) U.S. ATBCB regulations, "Electronic and Information Technology Accessibility Standards," 36 C.F.R. Part 1194; and (10) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609; (11) Any implementing requirements FTA 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 r } APPENDIX B OSHKOSH TRANSIT SYSTEM DRUG AND ALCOHOL TESTING POLICY MAY 8, 2001 1 THE OSHKOSH TRANSIT SYSTEM 2 DRUG AND ALCOHOL TESTING POLICY 3 (EFFECTIVE JANUARY 1, 1996) 4 (Revised May 8, 200 1) 5 6 7 1. INTRODUCTION 8 9 The Oshkosh Transit System performs a vital'public.service to the residents of Oshkosh and 10 Winnebago County. We are committed to ensuring that transit services are delivered safely in 11 a drug and alcohol free environment. Oshkosh Transit's drug and alcohol testing policy is 12 designed to: 13 14 - Assure that employees can perform their assigned duties in a safe, healthy and 15 productive manner; 16 - Create a workplace free from the adverse effects of drug and alcohol abuse or 17 misuse. 18 - Ensure that all safety- sensitive* personnel of paratransit organizations that contract 19 with Oshkosh Transit to provide transit services are covered under the same drug 20 and alcohol regulations as employees of Oshkosh Transit.* 21 22 * Safety- sensitive employees are defined as those that perform any of the following: 23 • Operation of a revenue service vehicle, even if it is not in revenue service; 24 • Operation of a non- revenue service vehicle that requires a CDL; 25 Dispatch or controlling movement of a revenue service vehicle; 26 • Maintenance of a revenue service vehicle or equipment used in revenue service; or 27 • Carrying a firearm for security purposes. 28 29 ** Safety- sensitive personnel of private transit or paratransit organizations shall be governed 30 under the same guidelines as employees of the Oshkosh Transit System. Unless specifically 31 stated, they will also be defined as employees in this policy statement. 32 33 If you have any questions or concerns regarding this policy, contact the Transportation 34 Supervisor, Oshkosh Transit System, located at 926 Dempsey Trail, Oshkosh, WI 54902, 35 920/232 -5340. 36 37 38 Il. PURPOSE 39 40 The purpose of this policy is to ensure employee fitness for duty and to protect our employees 41 and safety - sensitive personnel employed by paratransit organizations that contract with us, 42 passengers and the public from risks posed by worker use of alcohol and drugs. This policy is 43 intended to comply with all applicable Federal regulations governing workplace alcohol and drug 44 use and misuse in the transit industry. Regulations issued by the U.S. Department of 45 Transportation and the Federal Transit Administration mandate urine drug testing and evidential 46 breath alcohol testing for safety- sensitive positions.* This policy document sets forth the 47 Oshkosh Transit System alcohol and drug abuse program and the conduct and testing reporting 48 guidelines for safety- sensitive employees and those safety- sensitive personnel employed by 4 9 paratransit organizations that contract with Oshkosh Transit. 50 51 52 _III. APPLICABILITY 53 54 This policy applies to all transit system employees. It also applies to all personnel in safety - 55 sensitive positions in transit organizations that contract to provide transit or paratransit services 56 with Oshkosh Transit. Participation in the Oshkosh Transit System's drug and alcohol testing 57 program is a requirement of each safety- sensitive employee, and therefore, is a condition of 58 employment with the Oshkosh Transit System and contracted transportation providers. The policy 59 is in effect whether they are on transit property or when performing transit related business at any 60 location in Oshkosh or Winnebago County. All of the individuals covered by this policy will be 61 subject to specific alcohol and drug testing as required by federal regulations. A safety - sensitive 62 function is any duty related to the safe operation of mass transit or paratransit services including 1 Y 63 the operation, dispatch and maintenance of 'a mass transit or paratransit service vehicle including 64 supervisors. A list of safety sensitive positions is attached (See Appendix A). 65 66 67 IV. PROHIBITED SUBSTANCES 68 69 Prohibited drugs include any illegal or controlled substance including, but not limited to: 70 marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine. It also includes any drug 71 not approved for medical use by the USDA or the USFDA. Illegal use includes: use of or impair - 72 merit by any illegal drug, misuse of legally prescribed or over the counter drugs, or illegally 73 obtained prescription drugs. 74 75 The use of any beverage or mixture, including any medication, containing alcohol during or up 76 to four hours before performing a safety - sensitive function is also prohibited, 77 78 79 V. PROHIBITED CONDUCT 80 81 A. FEDERAL GUIDELINES FOR PROHIBITED CONDUCT 82 83 These guidelines are according to Federal Transit Administration regulations concerning 84 prohibited conduct for safety - sensitive employees: 85 86 1. Using or possessing alcohol while on duty.' NOTE: Federal Regulations include 87 medications containing alcohol in the substances banned from use or possession 88 in the workplace. Therefore employees will not be assigned to safety - sensitive 89 job functions while using or possessing prescription or non-prescription medication 90 if such medication contains any measurable amount of alcohol. It is the 91 responsibility of the employee to notify his/her supervisor of their use of any 92 medication containing a measurable amount of alcohol. 93 94 2. Using alcohol within (8) hours following an accident, if the employee was required 95 to be tested, unless an earlier test results in a reading of less than 0.02. 96 97 3. Reporting for duty or remaining on duty while having an alcohol concentration of 98 0.02 or greater. 99 100 4. Consuming any amount of alcohol within four (4) hours before reporting for duty. 101 102 5. Using any controlled substances while on duty. 103 104 6. Reporting or remaining on `duty if the employee tests positive for alcohol or drugs. 105 106 7. Refusing to submit to any drug or alcohol test that is required by this Policy. 107 108 B. OSHKOSH TRANSIT PROHIBITED POLICIES 109 110 These practices are specifically prohibited under Oshkosh Transit policy. 111 _ 112 1. Dispensing, distributing or receiving alcohol and controlled substances while on duty. 113 114 2. Possession of controlled substances while on duty. 115 116 3. Reporting for duty or remaining on duty in a safety- sensitive position while having 117 an alcohol concentration of 0.02 or greater. 118 119 4. Reporting for duty or remaining on duty while under the influence of alcohol or a 120 controlled substance. 121 122 5. Providing false information concerning a test, or falsifying test results through 123 tampering, contamination, adulteration or substitution of test samples. 124 2 iII' 125 6. Refusing to sign 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 drug or alcohol test when requested by 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 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 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 -gear 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 safety - sensitive position. A positive test may 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 (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 supervisor believes there is reasonable cause to suspect 163 drug or alcohol impairment: 164 165 1. There is reason to suspect impairment based upon documentable objective facts 166 and circumstances. These circumstances include but are not limited to: employee 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 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 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: 178 179 a) ' The employee should be 'removed from the safety - sensitive function 180 immediately. 181 182 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 3 251 4 u 189 3. The supervisor will wait at the clinic until the testing has been completed. 190 191 4. The employee shall not return to duty until the results of the test are known. 192 193 5. The employee will not be allowed to drive home if 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 196 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 safety 200 all - sensitive duties pending the results of the drugg 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 test. 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. 210 Random Testing - All employees in safety - sensitive positions will be subject to random testing. The testing may be conducted immediately before, during or immediately after the 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 214 215 employees subJ to testing. The testing dates and times will be unannounced and will occur with random frequency throughout the year. Random alcohol tests will equal 25 216 percent of all employees in the testing pool; drug tests will be 50 percent of employees in 217 218 the pool. These testing levels are based upon Federal Transit Administration requirements. Testing levels will change if required Federal Transit Administration Testing 219 levels change. - 220 221 222 Occupational Health Systems will select employees for random testing using a scientifically Valid method of random number generation. The method will consist of computer based 223 random number generation which will match with individual's 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 226 during a year, while others will not be tested at all during a year. 227 .;. 228 D. 229 Post- Accident Testing - Federal Transit Administration policy requires: post- accident testing if employees are involved in an accident with a Oshkosh Transit vehicle that results 230 in: 231 232 1. A fatality 233 2. An individual suffering bodily injury and receiving 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. _ 237 238 The employee will report the accident to their supervisor immediately. If no supervisor 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 an employee's termination. Between the time the employee 242 243 is involved in the accident until the after the drug time testing occurs the employee is to refrain from alcohol use for no less than eight hours and remain available for drug and 244 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 4 u 252 E. Return to Duty /Follow -up Testing - An employee who tests positive on a drug or alcohol 253 test will be required to take another drug and alcohol test before returnin to work. The 254 employee will also have to be cleared by a Substance Abuse Professional SAP) to return 255 to work. 256 257 This employee will be subject to a minimum of six random drug tests in the following twelve 258 months, which will be considered follow -up testing. This does not include post accident 259 testing, reasonable suspicion testing or random testing of all safety- sensitive employees. 260 261 An employee who tests positive on a second occasion for either alcohol or drugs will be 262 terminated immediately upon confirmation of test results. It does not affect the decision 263 if the first positive test was for a different substance. Evidential Breath Tests on return to 264 duty of follow -up tests which the result of the initial and confirmatory test are .02 or greater 265 will be considered a positive test and will result in immediate termination. 266 267 268 VII. DRUG TESTING` PROCEDURES 269 270 A. OVERVIEW 271 272 The City of Oshkosh has entered into an ` alcohol and drug testing agreement with the 273 Occupational Health Systems at Mercy Oakwood /Mercy Medical Center (hereafter known as OHS 274 and MMC). Drug testing will normally be conducted through the use of urine samples to determine 275 if illegal substances are present. 276 277 278 We will test for the following prohibited substances as mandated by the Federal Transit 279 Administration: 280 281 1. Tetrahydrocannabinol (marijuana) 282 283 2. Cocaine (or crack) 284 285 3. Amphetamines (uppers, speed) .286 - 287 4. Opiates (including heroin) 288 289 5. Phencyclidine (PCP) _290 291 If there is ` reasonable suspicion by a supervisor that the "employee is abusing a controlled 292 substance other than the five class of drugs listed above, Oshkosh Transit reserves the right to 293 test for those drugs using standard laboratory testingg procedures.. Those tests will be conducted 294 with separate specimens from any FTA mandated drug tests. Positive tests of these controlled 295 substances will result in the same discipline procedures as with other positive drug test results. 296 - 297 Drug testing is conducted by analyzing an employee's urine specimen (through a NIDA certified` 298 testing lab). This test will use a split sample testing pprocedure. Each urine specimen is divided 299 into two bottles. Both specimen bottles will be sent fo r a certified lab. The specimen deemed to 300 be the primary specimen will be used for the actual urinalysis. The split sample will be stored at 301 the lab and remain sealed.. If the analysis of the primarryy specimen confirms the presence of a 302 controlled substance, the employee has three options. First, the employee can request that the 303 split sample be sent to a sepparate lab for retest. Second, the employee can request that the same 304 lab test the split sample. The employee must contact the Medical Review Officer (MRO) within 305 72 hours of receiving the results, of a positive test if he /she wishes to pursue either of these 306 options. Third, the employee can waive the right to a retest by not contacting the Medical Review 307 Officer within 72 hours or indicating prior to that time that they are waiving the option of a split 308 sample. The employee will be required to pa yy the cost of the split test. If the results of the split 309 test are negative, Oshkosh Transit will reimburse the cost to the employee. if the employee 310 waives the Xt to retest, the test results will be considered positive and actions will be taken on 311 that basis. e retest is also positive, the test results will be deemed positive. If the retest fails 312 to reconfirm the initial test, the test is canceled. 5 .313 314 B. THE DRUG SITE TESTING PROCEDURE 315 316 The current drug testing collection sites are either Mercy' Oakwood or Mercy Medical Center. 317 Testing procedures at these sites will be in accordance with FTA guidelines. The employee is to 318 cooperate with all personnel at the collection site. Failure to fully cooperate with collection site 319 personnel will be deemed as a refusal to take the drug test. Attempts to adulterate the test by the . 320 employee will also constitute refusal to take the test. The following procedures will occur when 321 the employee is required to take a drug test. A supervisor may accompany an employee to the 322 test site and ensure that the collection process has begun before leaving. 323 p p 324 1. The employee needs to 'provide positive photo identification upon entering the drug 325 testing site. 326 327 2. The employee will follow all instructions and sign all documents and materials 328 specified by collection site personnel. Refusal to sign all appropriate materials will 329 constitute refusal to take the drugg test. The employee will provide all information 330 concerning valid prescription` medications they are currently using. 331 332 3. An employee is required to provide 45 ml (milliliters) of urine in a designated 333 bathroom under conditions specified by collection site personnel and in accordance 334 with Federal Transit Administration regulations. When an employee cannot provide 335 a sample to at least 45 -ml, the collection site. technician will instruct him /her to drink 336 not more than 40 ounces during a period of up to three hours. The employee will 337 retry using a fresh collection container. If the employee remains unable to rovide 338 an adequate sample, the inadequate sample(s) shall be discarded. The M will 339 refer the employee for a medical evaluation to determine whether the individual's 340 inability to provide a sample is genuine. If the individual's inability is genuine, the 341 test will be discontinued. A medical evaluation that determines that the employee's 342 inability to provide a sufficient urine sample is not genuine, will constitute a refusal 343 by the employee to submit to a mandated drug test. When the MRO reports a 344 negative dilute test result, the employee will be required to submit to a secondary 345 testa 346 _. 347 4. An employee will not be able to perform a safety- sensitive function if a primary 348 specimen sample is positive for controlled substances pending the results of the 349 split sample test. They will be removed from safety- sensitive duties pending the 350 results of the split sample test. 351 352 5. Following completion of the test, the employee shall follow instructions of the 353 supervisor with, respect to return to work procedures. 354 355 C. RESULTS OF A POSITIVE DRUG TEST 356 357 This procedure applies only for the first positive alcohol or drug test within a thirty six -month 358 period. If a drug test is determined to be positive and the split test process has been completed 359 or waived, the following actions will occur. 360., 361 1. The employee will be immediately removed from any safety - sensitive position 362 pending the determination of the Medical Review Officer regarding the drug test 363 results. 364 _ 365 2. The employee will be directed to meet with a Medical Review Officer to determine 366 if the positive test resulted from the authorized use of a controlled substance. If the 367 Medical Review Officer determines that the positive test result occurred as a result 368 of authorized use of a controlled substance, the results of the test will be cancelled. 369 A determination that the positive test result is not the result of an authorized use 370 of a controlled substance will fully validate the results of the positive test and further 371 action will proceed. 372 373 3. The employee will be subject to immediate termination UNLESS he /she agrees to 374 enter into a last chance agreement involving mandatory completion of a Substance 375 Abuse Treatment Program as deemed appropriate for the individual by the 6 I II 376 Substance Abuse Professional (SAP). A referral to the SAP will take place 377 regardless of disciplinary action brought against the employee. 378 37 4. The Substance Abuse Professional will develop the appropriate treatment program: 380 The employee will be required to fully follow the designated treatment program. 381 382 5. The Substance Abuse Professional will determine when the employee is ready to 383 return to work.; The will forward that written authorization to the Medical Review 384 Officer and the 'Oshkosh Transit Drug /Alcohol Coordinator. 385 386 6. The employee will able to return to work after receipt b�y the employer and Medical 387 Review Officer of a negative. drug and alcohol test result in their return to work tests. 388 They will be subject to a minimum of six random follow -up drug and alcohol tests 389 - in the next twelve months. 390 391 D. GUIDELINES FOR PRESCRIPTION AND NON PRESCRIPTION DRUGS „ 392 393 It is required to notify the Personnel Department or a supervisor if an employee is taking any 394 legally prescribed medication, therapeutic drug or non prescription drug that contains any 395 measurable amount of alcohol or carries a warning label that indicates the employee's mental 396 functioning, motor skills or judgement may be adversely affected by the use of this medication. 397 Federal regulations stipulate that an employee is not permitted to use or possess medication 398 containing alcohol while in performance of a safety- sensitive duty. A positive alcohol test as a 399 result of legally prescribed medication will be treated as any other valid positive test results for 400 alcohol. 401 402 403 VIII. EFFECTS OF ALCOHOL MISUSE 404 405 Alcoholism and drug dependency are treatable illnesses that can be successfully dealt with if 406 identified in the early stages and referred to an appropriate source for treatment. Indications of 407 alcohol and drug abuse include extreme changes in personality, problems with employer or other 408 employees, interrupted or changing sleep patterns, problems with attendance and lateness, 409 concealment of social habits involving drugs and alcohol, and family problems. Continued alcohol 410 and drug dependency can lead to a deterioration of health. 411 412 The Oshkosh Transit System encourages employees to seek treatment voluntarily and supports 413 employees who volunteer for treatment of alcohol or drug abuse. If you feel you have an alcohol 414 or drug dependency, we encourage you to speak with your immediate supervisor for information 415 about the Employee Assistance Program (EAP) that is available to you. Confidentiality of 416 information will be maintained at all times. The Oshkosh Transit System and the City of Oshkosh 417 will assist the employee with sick leave, vacation time, or leave without pay during treatment and 418 rehabilitation, and insurance coverage will be provided to the extent of individual coverage. 419 420 While the Oshkosh Transit System is willing to assist employees with alcohol or chemical 421 dependency problems, safety is our first priority. Employees must adhere to the attached Drug 422 and Alcohol Policy regardless of participation in a treatment program and are expected to observe 42 all other job performance standards and work rules. 424 425 426 IX. ALCOHOL TESTING PROCEDURES 427 428 A. OVERVIEW 429 430 The City of Oshkosh has entered into an alcohol and drug testing agreement with the 431 Occupational Health Systems at Mercy Oakwood /Mercy Medical Center ((hereafter known as OHS 432 and MMC)). Drug testing will normally be conducted through the use of Evidential Breath Tests 433 (EBT) to determine the presence of alcohol. 434 7 435 The Evidential Breath Testing device is capable ' of measuring an employee's` blood alcohol 436 concentration. A qualified Breath Alcohol Technician (BAT) will administer the test. Identification 437 procedures will be the same for an alcohol test as they are for a drug test at OHS /MMC. The 438 employee will complete any forms fully and without modification. The Breath Alcohol Technician 439 will direct the employee through the procedures associated with performing the Evidential Breath 440 Testing. 441 442 If the initial test indicates a blood alcohol concentration of less than 0.02, no further testing will 443 occur. The test will be reported to the employer as negative. Initial test results indicating a blood 444 alcohol test of .02 or greater will require a confirmatory test. The confirmatory test will be 445 conducted no less than 15 minutes and no more than 30 minutes following the initial alcohol test. 446 447 If the confirmatory test indicates a blood alcohol concentration of less than 0.02, the test will be 448 considered and reported to the employer as negative. Confirmatory test results of .04 or greater 449 will result in the employees removal from any safety- sensitive position. It will also result in the 450 'discipline and procedures associated with the verification of a positive drug or alcohol test result. 451 The initial and confirmatory" Evidential Breath Tests constitute complete verification of the validity 452 of the alcohol testing procedures. 453 454 If initial and confirmatory or confirmatory Evidential Breath Test results are between .02 and .030, 455 the employee will be subject to discipline pursuant to "just cause ". The employee, at minimum 456 will be placed on leave without pay and removed from their safety - sensitive position for a 457 minimum of 24 hours following administration of the test. They may be subject to additional 458 discipline up to and including termination. ` If any employee has tested positive for alcohol or drugs 459 within the previous thirty -six months, an Evidential Breath Test that indicates a blood alcohol level 460 of .02 or over will result in disciplinary procedures up to and including termination. 461 462 B. RESULTS OF A POSITIVE ALCOHOL TEST 463 464 This procedure applies only or the first positive alcohol or drug test within a thirty -six month 465 period. If a drug test is determined to be positive and the confirmation process has been 466 completed, the following actions will occur: 467 468 1. The employee will be immediately removed from a safety - sensitive position. 469 470 2. The employee will be subject to immediate Termination UNLESS he/she agrees to 471 enter into a last chance agreement involving mandatory completion of a Substance 472 Abuse Treatment Program as deemed appropriate for the individual by the 473 - Substance Abuse Professional. A referral to the SAP will take place regardless of 474 disciplinary action brought against the employee.' 475 476 3. The Substance Abuse Professional will develop the appropriate treatment program. 477 The employee will be required to fully follow the designated treatment program. 478 479 4. The Substance Abuse Professional will determine when the employee is ready to 480 return to work. They will forward that written authorization to the Medical Review 481 Officer and the Oshkosh Transit Drug /Alcohol Coordinator.' 482 483 5. The employee will able to return to work after receipt by the employer and Medical 484 Review Officer of a negative drug and alcohol test result in their return to work tests. 485 They will be subject to a minimum of six random follow -up drug and alcohol tests 486 in the next twelve months. 487 488 489 X. REFUSAL TO SUBMIT TO A TEST 490 491 The following behaviors are defined as constituting a refusal to submit to a test: 492 1. Refusal to take the test (verbal refusal or physical absence); 493 2. Inability to provide sufficient quantities of breath or urine to be tested without a valid 494 medical explanation; 495 3. Tampering with or attempting to adulterate the specimen or interfere with the 496 collection procedure; 497 4. Not reporting to the collection site in the time allotted; F8 _ i If' 498 L 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 gating in related treatment programs unless one of the following circumstances arise: 511 512 1. The employee directs release of records /information to a third party in writing 513 ceptions: Medical Review Office, Substance Abuse Professional, and /or Program Mriager). 514 515 516 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 527 programs, and any other records pertaining to testing programs when requested by 528 the US Department of Transportation (DOT) or any other records pertaining to 529 testing programs when requested by OT 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 oversight responsibilities. 532 533 534 These exceptions to employee confidentiality are required by Federal Transit Administration 535 guidelines. 536 537 538 XI1. 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 use. Training will be primarily by the 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 9 -616� 555 APPENDIX A 556 557 558 SAFETY SENSITIVE POSITIONS 559 COVERED UNDER FTA 560 DRUG AND ALCOHOL REGULATIONS 561 562 563 I. OSHKOSH TRANSIT EMPLOYEES 564 565 A. DRIVERS (FULL - TIME) 566 . 567 B. DRIVERS (PART - TIME) 568 569 C. MECHANICS - 570 571 D. SERVICE TECHNICIAN 572 573 E. - MECHANIC /OPERATORS 574 575 F. ADMINISTRATIVE SECRETARY 576 577 G. MAINTENANCE SUPERVISOR` 578 579 H. TRANSIT COORDINATOR 580 581 I. 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 EMPLOYEES WHO EVER OPERATE A CAB OR 590 VAN, PERFORM REPAIRS OR DISPATCH: 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 FUNDED OSHKOSH TRANSIT BID 598 599 B. BUS DRIVER(S) FOR ZION ELDERCARE 600 601 C. DISPATCHERS FOR ZION ELDERCARE 602 603 D. KOBUSSEN BUSES,` LTD. DRIVERS, MECHANICS AND DISPATCHERS 604 605 E. LAKESIDE PACKAGING PLUS, INC. DRIVERS, MECHANICS AND 606 DISPATCHERS. 607 608 F. ANY FUTURE EMPLOYEES OR VOLUNTEERS WHO PERFORM A SAFETY 609 SENSITIVE FUNCTION AS DEFINED ` BY FTA UNDER CONTRACT TO 610 OSHKOSH TRANSIT. 611 612 613 614 615 616 617 10 618 F 619 APPENDIX B 620 622 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 required 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 640 and date, that safety - sensitive employees are required to take drug and alcohol tests. All 641 individuals 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 drugs 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 paratransit 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 conditions and guidelines spelled out in the Oshkosh 659 Transit System Dr 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 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 MAY 8, 2001 01- 203 RESOLUTION (CARRIED 7-- 0 _ LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE OSHKOSH TRANSIT SYSTEM DRUG AND ALCOHOL POLICY INITIATED BY: TRANSPORTATION DEPARTMENT 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 Transit Administrative guidelines; and WHEREAS, the Oshkosh Transit System receives FTA capital and operating assistance; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh to approve the Drug and Alcohol Policy for the Oshkosh Transit System.