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HomeMy WebLinkAboutBethel Home-Provision of Transportation Services AGREEMENT 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 through the Oshkosh Transit System assume the responsibility for the payment of a portion of non - school transportation services provided to all eligible persons in the City by Bethel Home, Inc. NOW, THEREFORE, IT IS AGREED by and between Bethel Home, Inc. and the City of Oshkosh, that Bethel Home, Inc. will provide transportation services to all eligible persons in the City of Oshkosh in a manner consistent with all applicable laws, and in return for the provision of such services, that the City of Oshkosh will accept billing from Bethel Home, Inc. during the 2010 calendar year and will provide payment as described in this agreement to Bethel Home, Inc. for transportation services performed. Bethel Home, Inc. will operate this transportation service to supplement the existing ADA paratransit services in the City of Oshkosh. The goal is to reduce the number of on demand trips for the city's ADA paratransit provider, which results in a higher level of service for all riders and a more effective on -time schedule. Both parties understand and agree that despite the fact that the services provided by Bethel Home, Inc. supplement those provided by the City of Oshkosh, no employer / employee relationship exists between the parties or any of their respective employees, agents, or representatives. Except as may otherwise be specifically noted in this agreement, the City of Oshkosh does not direct or control the amount, type, or manner of providing the transportation services by Bethel Home, Inc., other than the requirement that all Federal, State, and local laws will be followed. Bethel Home, Inc. agrees to pay the City of Oshkosh 72.5% of the transportation costs provided for and by Bethel Home, Inc. The billing rate for 2010 will be $3.66 per mile. If the total cost of transportation services provided by or for Bethel Home, Inc. in 2010 exceeds $20,534 Bethel Home, Inc. shall pay 100% of the transportation costs. This agreement shall remain in effect during the calendar year 2010. Monthly invoices are due to OTS by the 15 of each month for the services provided in the previous month. At a minimum, monthly invoices will contain the billing rate, miles of service provided, number of one -way trips, number of passengers transported, driver hours, the total amount of transportation service expenses, and total funding requested from the City of Oshkosh. Bethel Home, Inc. shall be required to collect and submit other data as reasonably requested by the City of Oshkosh. The City of Oshkosh will pay all amounts due on or before the last business day of the month in which the invoice was received, unless the invoice is received after the 15 of the month, in which case the amount due will be paid within a reasonable time. To the extent that either party to this agreement utilizes the services provided, or the contribution and /or reimbursement for such services, for the purpose of obtaining loans, grants, donations, or other funding, the other party consents to provide all information in its possession as may be reasonably 1 requested by a party or as required by law. That Bethel Home, Inc. agrees to indemnify and hold harmless the City of Oshkosh, including its agents, directors, officers, employees, insurers and successors, from and against any and all claims, demands, penalties, fines causes of action, liabilities, settlements, damages, costs, and expense, including, without limitation, attorney's and consultants' fees, investigation fees, court costs and litigation expenses, and other costs of defense, known or unknown, contingent or otherwise, arising out of or in any way related to the provision of non - school transportation services reasonably anticipated by 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 provide liability protection for its officers, employees and agents while acting within the scope of their employment. Subject to any limitations contained in Sec. 893.80 and any similar statue, of the Wisconsin Statutes, the City further agrees to hold Bethel Home, Inc. harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of or in connection with or occurring during the course of this agreement where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. 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 both the City of Oshkosh and the Oshkosh Transit Authority as additional insured with respect to this program. The minimum of insurance shall be: $1,000,000 combined single limit per accident, as well as the required workman's compensation insurance with the City named as additional insured. 2 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 and the Oshkosh Transit System 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 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. Appendix A contains the applicable federal clauses. Bethel Home, Inc. agrees to be subject to Oshkosh Transit System's drug and alcohol program that is described in Appendix B. 3 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their respective proper officers and affixed their corporate seals hereto this ?c day of , 20 (b . CITY OF OSHKOSH BETHEL HOME, INC. ark A. Rohloff Kris Kr AIW City Manager Administrator L f 1 I 41, ---r) p3.e.e_eee.v Pamela Ubrig WITNESS City Clerk APPROVED BY: pLkkel Lynn A. Lorensorr City Attorney I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. 'eggy�S ee'o Director of Finance City of Oshkosh 4 APPENDIX A FEDERALLY REQUIRED CONTRACT CLAUSES 1. Charter and School Bus 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 $100,000: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract or grant, the Recipient shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The Recipient 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._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 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. 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 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 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 seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 USC § 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. (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. 18. Incorporation of Federal Transit Administration (FTA) Terms All contractual provisions required by the USDOT, as set forth in FTA Circular 4220.1D, dated April 15, 1996 or any subsequent amendments, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all 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. APPENDIX B The Oshkosh Transit System (OTS) Drug and Alcohol Program On January 1, 1996, OTS implemented a comprehensive drug and alcohol program that includes pre - employment, random, and reasonable suspicion testing. The program follows the federal requirements of 49 CFR Part 40 and Part 655. All safety- sensitive employees of OTS and entities that provide contracted transit and paratransit services are required to participate in this program. OTS 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 OTS drug and alcohol training. Notification of a negative test result is required before any safety- sensitive employee can begin safety - sensitive duties. OTS will also supply a current drug and alcohol policy and information on the effects of drug use and alcohol misuse to each new employee. All individuals in the drug and alcohol program who are instructed to take a drug and /or alcohol test will promptly comply within the time periods specified by Part 655. OTS will pay the cost of the following tests: pre - employment, reasonable suspicion, post- accident, and random. The cost of split specimen drug tests will be paid in accordance with OTS's written drug and alcohol policy. 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 OTS. The Contractor will be required to provide OTS with an updated list of all safety - sensitive employees within 30 days after execution of this agreement. The safety - sensitive employee list will include the official or employee's name and social security number. If any changes to safety- sensitive personnel (terminations) occur within the term of this agreement, the contractor shall notify OTS within 10 business days of each change. The Contractor agrees to abide by the conditions and guidelines described in OTS's current drug and alcohol policy. OTS agrees to provide the contractor with an updated policy as changes occur. If the policy is updated, the contractor agrees to disseminate the updated drug and alcohol policy to each safety- sensitive employee involved in a contractual relationship with OTS.