HomeMy WebLinkAboutSHAMROCK TAXI - CONTRACT - RFP - P918 PARATRANSIT SERVICESSERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and Shamrock Taxi of Fort Collins, hereinafter referred to as "Service
Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in
accordance with the scope of services attached hereto as Exhibit "A", consisting of Forty (40)
pages, and incorporated herein by this reference.
2. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated on January 1, 2006. Time is of the
essence. Any extensions of the time limit set forth above must be agreed upon in a writing
signed by the parties.
3. Contract Period. This Agreement shall commence January 1, 2006, and shall
continue in full force and effect until December 31, 2006, unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional
one year periods not to exceed two (2) additional one year periods. Pricing changes shall be
negotiated by and agreed to by both parties using the Denver - Boulder CPI-U as published by
the Colorado State Planning and Budget Office, as a guide. Written notice of renewal shall be
provided to the Service Provider and mailed no later than ninety (90) days prior to contract end.
4. Delay. If either party is prevented in whole or in part from performing its
obligations by unforeseeable causes beyond its reasonable control and without its fault or
negligence, then the party so prevented shall be excused from whatever performance is
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The Service Provider must abide by the before mentioned Substance Abuse Policy and
is required to performance all tests and reporting as described within the policy. Policy
is attached as Attachment B. The Service Provider must also comply with the most
current city policy when changes occur.
Within ten (10) days prior to the start of the Contract, the Service Provider shall furnish the City
with all information required by the City to document that the employees meet all requirements
of the contract. The City reserves the right to disqualify any driver from performance of service
under this contract.
TRAINING
Service Provider shall maintain a comprehensive training program for all of its personnel who
provide service under this contract. The training program shall ensure that personnel who
provide service under this contract are trained in accordance with all municipal, county, state
and federal regulations.
TRAINERS
Trainers of Passenger Service and Safety (PASS) and Defensive Training must be certified
instructors. These certifications must be kept current during the contract period. The Service
Provider will maintain a record of each trainer's name and certifications, as well as a copy of
each certification.
TRAINING CURRICULA
The comprehensive training program shall include, but not be limited to, the following subject
areas.
• Passenger Service and Safety (PASS) certification,
• Defensive Driving,
• Substance Abuse (minimum of one hour training)
• Reasonable Suspicion Training for Substance Abuse (Supervisors only).
DEVELOPMENT OF TRAINING PLAN
The Service Provider will provide all employees assigned to duties under this contract the
above -listed training. The Service Provider will provide the City with the name of the person
responsible for managing the Training Program, and the manner in which training records are
maintained... All new hires of Service Provider shall receive all required training prior to being
placed into revenue service or performing any duties under this contract.
TRAINING RECORDS
Service Provider shall maintain a training record on which the Service Provider will note each
driver's training including the date, time, training location and training received. Training records
shall be maintained and made available for review by the City or any other person or entity so
authorized by law.
OTHER REQUIREMENTS:
Each driver must possess and maintain a valid Colorado driver's license as required by law.
Service Provider must supervise drivers and monitor their performance. Any driver found to be
jeopardizing the safety of a Dial -A -ride passenger must be immediately removed from provision
of service under this contract. Failure to do so is grounds for immediate cancellation of this
contract.
Service Provider is required to maintain a list of qualified substitute drivers so that absenteeism
does not affect service provision.
FLEET MANAGEMENT
The Service Provider is required to:
• Provide all necessary vehicles (including the 4 vans given to the Service Provider by the
City) to provide service,
• Maintain all necessary vehicles,
• Maintain proper insurance (see Insurance section of this RFP),
• Provide necessary fuel, spare parts and supplies at the Service Providers expense, and
• Provide necessary maintenance for two-way radios.
The Service Provider will provide all vehicles and, at its cost, shall ensure that all vehicles meet
the following standards:
1. Provide sufficient, safe and suitable vehicles capable of meeting all service
requirements. Service Provider supplied vehicles need not be new; however, vehicles
must meet all other criteria to be suitable to accomplish the objectives indicated.
2. The Service Provider shall have an adequate spare vehicle ratio and an established
procedure to provide backup vehicles immediately as needed.
3. Each vehicle shall have functioning and adequate air-conditioning and heating for
passenger comfort. Such systems shall be maintained in good working order.
4. Each vehicle will have a functioning two-way radio.
5. All vehicles shall be kept in a safe and clean condition, both interior and exterior. At a
minimum, vehicle exteriors are to be thoroughly washed no less than once per week or
sooner if condition warrants cleaning. The City reserves the right to inspect vehicles
before or during operation on any day. Any vehicle failing to meet standards shall be
immediately brought up to standards or a suitable replacement put into immediate
service.
6. Vehicles will have a minimum capacity of 3 passengers. Vehicles will also have
sufficient cargo space for walkers, canes, 4 bags of groceries, etc.
7. The Service Provider shall perform a daily inspection of all vehicles, preventative and
routine maintenance and timely repairs so as to minimize vehicle down time. This shall
include, but not be limited to brakes, windshield wipers/washers, operational windows,
tires, electrical systems, and exhaust. Pre -and post -trip inspections shall be performed
consistent with U.S. Department of Transportation regulations.
8. Each vehicle shall be equipped at a minimum with a first -aid kit, an approved fire
extinguisher, emergency flashlight, emergency reflective triangles, and reflective safety
vest.
9. All vehicles shall meet U.S. Department of Transportation requirements for vehicles in
fare service to the public. The Service Provider shall be required to furnish proof that the
vehicles comply with those standards prior to each vehicle being placed in service.
1D. Each vehicle shall be appropriately registered, licensed, and insured in the State of
Colorado and shall comply with all re -inspection requirements. Each vehicle must
comply with all requirements of the State of Colorado and the Front Range emission
standards. All vehicles will be inspected periodically by the City
11. Vehicles assigned to revenue service under this contract may not be used to perform
other work (i.e. Service Provider may not place non -Dial -A -Ride passengers with Dial -A -
Ride passengers).
GENERAL ADMINISTRATION
The Service Provider is required to:
1. Operate the designated system according to the City of Fort Collins Dial -A -Ride
operating policies and procedures.
2. Provide service in a manner which will maximize safety and customer service.
3. Meet with the City on a regularly scheduled basis (bi-monthly) to assess service
performance and discuss any other operational issues. The City may schedule
additional meetings as operational needs arise.
4. Investigate all complaints and provide the City with a monthly report.
5. Investigate all accidents/incidents and provide the City of Fort Collins with a detailed
report within 24 hours of the occurrence.
6. Should an emergency occur in the city, regionally, or countywide requiring transportation
of City residents, it is expected that the Service Provider will cooperate with the
evacuation per the City Plan. Reimbursement for the services provided would be
consistent with the terms of the Service Provider's contract with the City of Fort Collins.
7. Cooperate with any marketing activities established by the City and distribute rider
service information as required,
8. Provide phone lines for voice, fax, and data transmission at a rate of 56K or better,
9. Communicate as needed with Dial -A -Ride Dispatch office regarding vehicle and driver
availability, schedule adherence and any other operational issues,
10. Have a suitable facility for the provision of services.
COLLISION /INCIDENT REPORTING
COLLISION: A collision is defined to include any unexpected or unintentional occurrence which
results in vehicle damage and/or injury or suspected injury to a Dial -A -
Ride client while such client is in, entering or leaving Service Provider's vehicle, or while the
client is in the care of the Service Provider, its designee or employees.
INCIDENT: An incident is defined to include arguments and/or unacceptable or offensive
conversations or behavior, regardless of who initiates said behavior or conversations, or other
action that does not result in any "real" or suspected injury to a client or property.
All collisions and incidents must be reported to the City within 24 hours. A
determination of preventability must be made for each collision/incident. Each
collision/incident will be reported as preventable or non -preventable in the monthly
report that will be submitted to the City of Fort Collins.
The Service Provider is required to:
• Schedule rides and provide a copy of daily manifests to Dial -A -Ride
• Collect, reconcile, and report all fares to Dial -A -Ride
• Maintain and provide monthly reports (City forms will be provided) to Dial -A -Ride for the
following:
1. Passenger trips to include no-shows and cancellations
2. Fares collected
3. Complaints (along with detailed resolution)
4. On -time performance compliance
• Recordkeeping, as well as responses to the City of Fort Collins communications, shall
be facilitated in a responsible manner. All responses to requests for information made
by the City of Fort Collins should be submitted within 3 business days unless otherwise
specified.
• The Dial -A -Ride system requires that the Service Provider collect and maintain data for
a variety of purposes. A major portion of the data is transferred into reports required by
the City of Fort Collins. In all cases, data must be maintained in a current manner and
available for review upon request by Dial -A -Ride and/or the City of Fort Collins. If
reports are late or data incomplete, the payment due to the Service Provider will be
withheld until such time as there is proper compliance.
Revenues:
1. The fare system shall be determined by the City of Fort Collins and administered by the
Service Provider per City guidelines.
2. There shall be no solicitation or acceptance of tips.
3. Fares shall be documented on forms approved by the City and the Service Provider shall
be accountable for all funds collected. (Sample Form II, III, IV)
4. Fares shall be collected by the Service Provider and submitted to Transfort/Dial-A-Ride
Administration for reconciliation on a weekly basis. Driver manifests will be submitted to
Dial -A -Ride at the same time fare reconciliation is conducted.
5. The Service Provider will provide the Transfort/Dial-A-Ride Manager with a written copy
of its administrative procedures to account for fares collected by its drivers.
6. The Service Provider shall be responsible for cooperating with the sale of tokens and
collecting revenue for such sales.
7. The City Auditor(s) may at any time during the contract period change these
requirements as he/she deems necessary to insure adequate controls are in place to
protect the interests of the City of Fort Collins.
DAILY RECORDS
The Service Provider must record daily the following information on City approved forms:
(Sample Form V, VI)
1. Actual pick up and drop off time,
2. Actual pick up and drop off location,
3. Actual mileage reading at pick up and drop off of each passenger,
4. Total cancellations,
5. Total no-shows,
6. Total missed trips (trips that are cancelled by the provider and trips provided too late for
the rider to meet an appointment),
7. Vehicle miles (revenue miles, deadhead miles, total),
8. Vehicle hours (revenue hours, deadhead hours, total).
MONTHLY INVOICE & SUMMARY
By the 10`h calendar day of each month, the Service Provider must provide Transfort/Dial-A-
Ride a Service Data Summary and monthly invoice for each component of service for the
previous month. Transfort/Dial-A-Ride and the Service Provider will agree on the form for the
monthly invoices. This will include but is not limited to the following:
1. Total number of individual trips,
2. Summary of monthly accidents/passenger injuries
3. Summary of monthly complaints.
Total number of trips:
➢ Client billing must be sorted in chronological order by date and vehicle number
➢ Each trip must be assigned a trip number
➢ Each reported trip must have a trip sheet signed by the passenger. The Service
Provider will not be reimbursed for trips that do not have a trip sheet that is
signed by the passenger. (Service Provider will present the type of log to be used
for City approval.)
On -time performance reports:
➢ Actual pick-up times must be compared to scheduled center time and any trips that are
not within the 15 minute +/- window must be reported as failure to meet on -time
performance requirement of this contract. Service Provider will maintain this operating
standard at or above a 90% level.
➢ Actual arrival times for the first pick of the day and the first pick up after a scheduled
lunch break will be compared to the scheduled center time. Trips that are not before
the scheduled center time must be reported as failure to meet on -time performance
requirement of this contract. Service Provider will maintain this standard at or above a
98% level.
Collision/Passenger Injuries:
➢ Report shall log each collision/incident and provide a brief description of each,
➢ Summary of the investigation determination including the findings regarding
preventability.
➢ Summary of the resolution of each collision/incident. (Form Sample VII)
Complaints:
➢ Report shall log each complaint and provide a brief description of each,
➢ Report shall include Service Providers employee's name, if applicable,
➢ Summary of the investigation determination including the findings regarding
preventability,
➢ Summary of the resolution of each complaint.
➢ Service Provider shall ensure that there is no more than one (1) complaint per 1,000
revenue hours performed. (Form Sample VIII)
The City reserves the right to request that the Service Provider provide additional information
when necessary. Requests for additional information must be submitted in a timely manner.
The City of Fort Collins receives funding to operate the service under grants issued by the State
and Federal governments. Therefore, the Service Provider will retain all records required by
these bid specifications and also all financial records and data concerning the management and
operation of the system for a period of at least three (3) years upon completion of the
Agreement. The Service Provider shall furnish the City with such information, statistics, and
data as is necessary.
The Service Provider will not unilaterally implement company policy that directly impacts the
system's operation or is in conflict with its contract with the City without prior discussion and
approval by the Transfort/Dial-A-Ride Manager or his/her designee.
NOTE: Attachment "C" "Monthly Invoice, Form Samples II-VIII" are for illustrative purposes only.
Service Provider will provide and submit formats for City approval prior to use or change.
Attachment B
City of Fort Collins Substance Abuse Policy:
Service provider must comply with the current substance abuse policy and any changes to the
policy as made. The City is responsible for providing the Service Provider with the current
Policy and any changes.
No Text
Attachment "B"
City of Fort Collins Substance Abuse Policy
City of Fort Collins Substance Abuse Policy:
Service provider must comply with the current substance abuse policy and any changes to the
policy as made. The City is responsible for providing the Service Provider with the current
Policy and any changes.
8.18 City of Fort Collins Transit System
Substance Abuse Policy
(in Compliance with FTA Regulations)
(Applicable Only to Transkrt/Dial-A-Ride and Fleet Services Division
Employees)
L I & I Policy
City of Fort Collins Transfort/Dial-A-Ride and Fleet Services Divisions are dedicated to
providing safe, dependable, and economical transportation services to our transit
passengers. City of Fort Collins transit employees ( for the purposes of this Policy, the
term "transit employees" includes employees of the Transfort/Dial-A-Ride Division and
the Fleet Services Division) are our most valuable resource and it is our goal to provide
a healthy, satisfying working environment which promotes personal opportunities for
growth. In meeting these goals, it is our policy to:
1. Assure that employees are not impaired in their ability to perform assigned duties
in a safe, productive, and healthy manner;
2. Create a workplace environment free from adverse effects of drug abuse and alcohol
misuse;
3. Prohibit the unlawful manufacture, distribution, dispensing, possession, or use of
controlled substances; and
4. Encourage employees to seek professional assistance anytime personal problems,
including alcohol or drug dependency, adversely affect their ability to perform their
assigned duties.
& M2 Purpose
The purpose of this policy is to assure worker fitness for duty and to protect our
employees, passengers, and the public from the risks posed by the misuse of alcohol
and the use of prohibited drugs. This policy is also intended to comply with all the
applicable Federal regulations governing workplace anti -drug and alcohol programs
in the transit industry. The Federal Transit Administration (FTA) of the U. S. Department
of Transportation has published 49 CFR Part 655, as amended, that mandate
All provisions set forth in boldface print are included consistent with requirements specifically set forth in 49
CFR Part 655, or Part 40, as amended. Provisions set forth in the Drug -Free workplace Act (CFR Part 29) are
delineated in italics. All other provisions are set forth under the authority of the transit system. (rev. 9/4/021
City of Fort Collins Personnel Policies and Procedures
Revised: July 21, 2005
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prevented by such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days from
the onset of such condition.
5. Early Termination by City/Notice. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written
notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following addresses:
City:
City of Fort Collins, Purchasing
PO Box 580
Fort Collins, CO 80522
Service Provider:
Shamrock Taxi of Fort Collins
Attn: Thomas E. Hofmann
4414 E. Harmony Road #200
Fort Collins, CO 80528
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole
right and remedy for such termination.
6. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, the sum of Sixteen Dollars ($16.00)
per trip ambulatory trip. Non -ambulatory trips will be billed at Twenty Dollars ($20.00). Pricing
will be reviewed for potential adjustment at the end June 2006.
7. City Representative. The City will designate, prior to commencement of the
work, its representative who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the services provided under this agreement. All requests
concerning this agreement shall be directed to the City Representative.
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urine drug testing and breath alcohol testing for safety -sensitive positions and prohibits
performance of safety -sensitive functions when there is a positive test result. The U.S.
Department of Transportation ( DOT) has also published 49 CFR Part 40, as amended,
that sets standards for the collection and testing of urine and breath specimens. In
addition, the Federal Government published 49 CFR Part 29, "The Drug -Free Workplace
Act of 1988", which requires the establishment of drug -free workplace policies and
reporting of certain drug -related offenses to the FTA. This policy identifies the
requirements for the City of Fort Collins transit employees safety -sensitive employees.
The City intends to keep this policy current with the latest relevant federal
regulations. [rev. 9/4/021
&M3 Applicability
A. This policy applies to all City of Fort Collins transit employees who perform
a safety -sensitive function as identified as follows and are regulated by
the FTA.
K The FTA identifies safety -sensitive employees functions as follows:
[rev. 10/14/05]
1. Operating revenue service vehicles in or out of service;
2. Dispatch or controlling movement of a revenue service vehicle;
3. Maintaining a revenue service vehicle/exception to Sec.5311 agencies;
4. Security personnel carrying firearms;
5. Supervisors who control the movement of a revenue service vehicle;
6. Operating a non -revenue service vehicle, when required to be operated
by a holder of a Commercial Driver's License. [rev. 10/14/051
C. A list of the City of Fort Collins transit positions ( including Fleet Services positions)
that have been identified as safety sensitive is as follows:
1. Employees operating a revenue service vehicle in or out of service;
[rev. 6/1/05]
2. Employees operating a non -revenue service vehicle which requires a
CDL (rev. 6/1/051
3. Employees that dispatch or that are controlling movement of a rev-
enue service vehicle; [rev. 6/1/05]
4. Employees that maintain a revenue service vehicle; [rev. 6/1/051
5. Employees that provide security and carry a firearm; (rev. 6/1/05 ]
6. Employees that are supervisors who perform these functions;
[rev. 6/1/051
City of Fort Collins Personnel Policies and Procedures
Revised: October 14, 2005
Section 8
7. Non -employee volunteers are exempt, unless a CDL is required or un-
less the volunteer receives remuneration in excess of his or her actual
expenses incurred while engaged in the volunteer activity.
[rev. 10/14/051
D. Safety -Sensitive Job Titles
1. Field Coordinator [rev. 6/1/051
2. Transfort Operations Supervisor [rev. 6/1/051
3. Dispatcher/Scheduler [rev. 6/1/05]
4. Bus Operator [rev. 6/1/05]
5. Parts Assistant [rev. 6/1/05]
6. Apprentice Mechanic [rev. 6/1/051
7. Mechanic [rev, 6/1/051
8. Shop Foreman—Transfort [rev. 6/1/05]
9. Maintenance Worker [rev. 6/1/051
10. Transfort Safety & Training Supervisor [new 6/1/051
11. Bus Cleaner [new 6/1/05]
12. Bus Fueler [new 6/1/05 ]
B. This policy applies to all City of Fort Collins transit employees who perform
safety -sensitive functions anytime they are on duty and are regulated by City
of Fort Collins Policy. This includes: [rev. 6/1/051
1. Full -tune employees.
2. Paid part-time employees.
3. Contract employees when they are on transit property or when
performing any transit -related safety -sensitive business.
F. The City shall analyze the job duties of any newly created transit positions
to determine whether or not the new position is safety -sensitive, and
therefore subject to this policy. [new 9/4/021
& 18.4 Prohibited Substances
"Prohibited substances" addressed by this policy under authority of the City include
the following:
1. Illegally Used Controlled Substances Or Drugs
Any illegal drug orsubstance identified in schedules I through V of Section 202 of the Controlled
SubstanceAct (21 U.S.C. '812), and as furtherdefined by21 CFR 1300.11 through 1300.15.
City of Fort Collins Personnel Policies and Procedures
Revised: Ocober 14, 2005
Section 8
This includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine
(PCP), and cocaine, as well as any drug not approved for medical use by the U.S.
Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal
use includes use of any illegal drug, misuse of legally prescribed drugs, and use of
illegally obtained prescription drugs.
2. Legal Drugs
a. The appropriate use of legally prescribed drugs and non-prescription medications
is not prohibited. However, the use of any substance which carries a warning
label that indicates that mental functioning, motor skills, or judgement may be
adversely affected must be reported to supervisory personnel and medical advice
along with a release to work statement from a licensed physician must be sought
by the employee, as appropriate, before performing work -related duties.
b. A legally prescribed drug means that individual has a prescription or other written
approval from a physician for the use of a drug in the course of medical
treatment. It must include the patient's name, the name of the substance,
quantity/amount to be taken, and the period of authorization. The misuse or
abuse of legal drugs while performing transit business is prohibited.
3. Alcohol
The use of beverages or substances containing alcohol including
medication, mouthwash, food, candy, or any substance such that alcohol
is present in the body while performing transit business is prohibited. The
concentration of alcohol is expressed in terms of grams of alcohol per 210liters of
breath as measured by an evidential breath testing device. [rev. 6/1/05]
& 18.5 Prohibited Conduct
A. Manufacturing, Trafficking, Possession, and Use
system employees from engaging in the unlawful manufacturing, distCity of Fort Collins policy and the Drug Free Workplace Act prohibit aribution,ll transit
dispensing, possession, or use of prohibited substances on City premises, in transit provision
vehicles, in uniform, or while on City business. Employees who violate this
will be subject to disciplinary action up to and including termination consistent
with the City's discipline code. Law enforcement shall be notified, a
where criminal activity is suspected. s appropriate,
R Intoxication/Under the Influence
Under City of Fort Collins authority all transit employees that are reasonably suspected
of being intoxicated, impaired, under the influence of a prohibited substance, or
not fit for duty shall be suspended from job duties pending an investigation and
verification of condition. Under PTA's authority safety -sensitive employees
found to be under the influence of prohibited substances or who fail to
pass a drug or alcohol test shall be removed from duty and subject to
City of Fort Collins Personnel Policies and Procedures
Revised.• October 14, 2005
Section 8
disciplinary action, up to and including termination consistent with the City's
discipline code. A drug or alcohol test is considered positive if the individual
is found to have a quantifiable presence of a prohibited substance in the
body above the minimum thresholds defined in 49 CFR Part 40, as amended.
[rev. 6/1/051
C. Alcohol Use
No employee shall report for duty or remain on duty when his/her ability
to perform assigned safety -sensitive functions is adversely affected by
alcohol or when his/her breath alcohol concentration is 0.04 or greater. No
safety -sensitive employee shall use alcohol while performing safety -
sensitive functions, or just before, or just after performing a safety -sensitive
function. Additionally, the City prohibits any safety -sensitive employee from
consuming alcohol while on duty or in uniform. No safety -sensitive employee
shall use alcohol within four hours of reporting for duty, or during the
hours that they are on call. Violation of these provisions is prohibited and
punishable by disciplinary action up to and including termination consistent with
the City's discipline code.
D. Compliance with Testing Requirements
All safety -sensitive employees will be subject to urine drug testing and
breath alcohol testing as a condition of employment. Any safety -sensitive
employee who refuses to comply with request for testing shall be removed
from duty and under the City's authority, his/her employment terminated. Any
safety -sensitive employee who is suspected of providing false information
in connection with a test, who is suspected of falsifying, tampering,
contaminating, or adulterating the specimen, or substituting another
specimen will be required to undergo an observed collection. Verification of
these actions will result in the employee's removal from duty and under the City's
authority, his/her employment terminated. Refusal to test constitutes a positive
test and any of the following shall be considered a refusal: [rev. 6/1/051
1. failure to privide a urine specimen or breath sample; [new 10/14/051
2. an inability to provide a sufficient urine specimen or breath sample
without a valid medical explanation; [rev. 10/14/051
3. tampering with or attempting to adulterate the specimen or collection
procedure; [rev. 10/14/051
4. verbal declaration, obstructive behavior, refusal to sign Step 2 of the
Alcohol Testing Form; [rev. 10/14/05]
5. physical absence resulting in the inability to conduct the test;
[rev. 10/14/05]
6. substituting a specimen; [rev. 10/14/051
City of Fort Collins Personnel Policies and Procedures
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Section 8
7, not reporting to the collection site in the time allotted; [rev. 10/14/05 ]
8. leaving the collection site prior to test completion; [rev. 10/14/05 ]
9. failure to permit an observed or monitored collection when required;
[rev. 10/14/05)
10. failure to take a second test when required; [rev. 10/14/05 ]
11. failure to undergo a medical examination when required, [rev.10/14/05 ]
12. failure to cooperate with any part of the testing process; [rev. 10/14/05]
13. failure to remain readily available for testing following an accident.
[rev. 10/14/05)
14. failure to appear for any test (except a pre-employent test)within a
reasonable time, as determined by the City, consistent with applicable
DOT agency regulations, after being directed to do so by the City; or
[new 10/14/051
15. having a verified adulterated or substituted test result. [new 10/14/05]
E. Treatment Requirements
The City policy encourages all employees to make use of the available resources for
treatment of alcohol misuse and illegal drug use problems. Under certain
circumstances, City policy may require employees to undergo treatment for substance
abuse or alcohol misuse as defined in a Last Chance Agreement. Any employee
who refuses or fails to comply with the transit system requirements for treatment,
after care, or return to duty as specified in the Last Chance Agreement shall be
subject to disciplinary action, up to and including termination. The cost of any
treatment or rehabilitation services will be paid for directly by the employee or his/
her insurance provider. Employees will be allowed to take accumulated sick leave,
vacation leave, or leave without pay to participate in the prescribed rehabilitation
program.
F. Notifying the Transit System of Criminal Drug Conviction
As required by the Drug Free Workplace Act, all employees are required to notify the transit
system of any criminal drug statute conviction for a violation occurring in the workplace within
five days after such conviction. Failure to comply with this provision shall result in
disciplinary action, up to and including termination.
G. Proper Application of the Policy
The transit system is dedicated to assuring fair and equitable application of this
substance abuse policy. Therefore, under City authority, supervisors/managers are
required to use and apply all aspects of this policy in an unbiased and impartial
manner. Any supervisor/manager who knowingly disregards the requirements of
City of Fort Collins Personnel Policies and Procedures
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Section 8
this policy, or who is found to deliberately misuse the policy in regards to
subordinates, shall be subject to disciplinary action, up to and including termination.
8.18.6 Testing Procedures
A. Testing shall be conducted in a manner to protect the employee and the
integrity of the drug and alcohol testing process, safeguard the validity of
the test results, and ensure the test results are attributed to the correct
employee. The testing process will use laboratory facilities which have
been approved by the U.S. Department of Health and Human Services
(DHHS). All testing will be conducted with the procedures put forth in 49
CFR Part 40 and 655, as amended. The testing laboratory, the MRO, and the
City shall maintain those records and processing protocols necessary to
ensure compliance with 49 CFR Part 40. The testing laboratory will be
required to maintain the long term frozen storage of positive samples as
specified by 49 CFR Part 40. The integrity of the process is ensured through
the following: picture identification of the employee, Federal Drug Custody
and Control Form with unique specimen identification number completed
by a trained collection site person who insures that the Custody and Control
Form is completed correctly and signed and certified by the donor (drug
test), collection of Split Sample specimens that are sealed and initialed by
the donor (drug test), and use of an approved evidential breath testing
device that displays and prints unique sequential numbers and is capable
of producing three copies of the test result (alcohol test). [rev 9/4/02]
R Once an employee has been asked to test, the City and the regulations
require the employee to have in his/her possession at the testing facility a
photo identification and sign completed testing forms. [rev. 6/1/05 )
C. The drugs that will be tested for include marijuana, cocaine, opiates,
amphetamines, and phencyclidine. An initial drug screen will be conducted
on each urine specimen. For those specimens that are not negative, a
confirmation Gas Chromatography/Mass Spectrometry (GC/MS) test will
be performed. The test will be considered positive if the amounts present
are above the minimum thresholds established in 49 CFR Part 40.87, as
amended. In the event there is reason to believe an employee is abusing a substance
other than the five drugs listed above, the City of Fort Collins reserves the right to
test for additional drugs under the transit system's own authority for safety -sensitive
employees using standard laboratory testing protocols. Drug testing may be
performed while an employee is on duty regardless of when a safety -
sensitive function is or has been performed. [rev. 10/14/051
D. Tests for breath alcohol concentration will be conducted utilizing a National
Highway Traffic Safety Administration (NHTSA) approved evidential
breath testing device (EBT) operated by a trained breath alcohol technician
City of Fort Collins Personnel Policies and Procedures
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Section 8
(BAT). The BAT will complete a Federal Breath Alcohol Testing form and
ensure that it is signed by the donor. If the initial test indicates an alcohol
concentration of 0.02 or greater, a second test will be performed to confirm
the results of the initial test. Alcohol testing will be performed just prior
to, just after, or during the performance of a safety -sensitive function. A
safety -sensitive employee who has a confirmed alcohol concentration of
greater than 0.02 but less than 0.04 will be removed from his/her position
for 8 hours unless a retest results in a concentration of less than 0.02. Under
City authority, the inability to perform safety -sensitive duties due to an alcohol test
result of greater than 0.02 but less than 0.04 will be considered an unexcused
absence subject to transit system disciplinary action up to and including termination
of employment. [rev. 6/1/05]
E. An alcohol concentration of 0.04 or greater will be considered a positive
test and in violation of this policy and a violation of the requirements set
forth in 49 CFR Part 655 for a safety -sensitive employee. Any safety -
sensitive employee that has a confirmed positive drug or alcohol test
(random, reasonable suspicion, post -accident, return -to -duty, or follow-
up) or refuses to test will be removed from his/her position, informed of
the educational and rehabilitation programs available, and referred to the
Substance Abuse Professional (SAP) for assessment. A positive drug and/or
alcohol test will also result in disciplinary action up to and including termination
consistent with the City's discipline code and provisions set forth in an individuals
Last Chance Agreement. [rev9/4/02]
F. Pursuant to the provisions of 49 CFR Sec. 40.197, if an applicant or employee
receives a negative dilute drug test result, the applicant or employee shall
be directed to take another test immediately with the minimum possible
advance notice that he or she must return to the collection site. If the
second test result is also negative dilute, the test result will be considered
verified negative and the applicant or employee will not be required to
take a third test because the second test result was negative dilute.
[new 6/1/05]
G. The transit system affirms the need to protect individual dignity, privacy, and
confidentiality throughout the testing process.
H The Medical Review Officer (MRO) is responsible for reviewing and
interpreting confirmed positive test results and plays a very important role
in assuring the accuracy and validity of test results. The MRO shall be a
licensed physician with knowledge of substance abuse disorders and must
meet the qualifications set forth in 49 CFR 40.121. The MRO shall follow
the procedures set forth in 49 CFR Part 40. All test results are reviewed by
the MRO. The MRO will attempt to confidentially contact the employee
to discuss the test results and to obtain additional information to
City of Fort Collins Personnel Policies and Procedures
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Section 8
determine if there is a legitimate medical explanation for the test result.
If an employee is contacted by the MRO for a positive test result it is the
responsibility of the employee to call the MRO back and discuss the test.
If it becomes necessary for the MRO to reach the employee through the
designated management official, the designated management official shall
employ procedures that ensure, to the maximum extent practicable, the
requirement that the employee contact with the MRO is held in confidence.
[rev. 6/1/05]
8.18.7 Testing Circumstances
A. Employee Requested Testing of Split Sample [rev. 9/4/02]
Any safety -sensitive employee who questions the results of a required drug
test under the following paragraphs of this section may request that the
split specimen be tested. This test must be conducted at a DHHS-certified
laboratory different and not affiliated with the laboratory that performed
the analysis on the initial specimen. The test must be conducted on the
split sample that was provided by the employee at the same time as the
original sample. If the analysis of the split specimen fails to reconfirm the
presence of the drug or drug metabolite found in the primary specimen, or
if the split specimen is unavailable, inadequate for testing or untestable,
the MRO shall cancel the test and report cancellation and the reasons for
it to the DOT, the City and the employee. All costs for such testing are paid by
the employee unless the result of the split sample test invalidates the results of the
original test or the individual does not have the financial means to pay for the test.
The method of collecting, sorting, and testing the split sample will be
consistent with the procedures set forth in 49 CFR Part 40, as amended.
The employee's request for a split sample test must be made to the Medical
Review Officer (MRO) within 72 hours of notice of the original sample
verified test result. Requests after 72 hours will only be accepted if the
delay was due to documentable facts that were beyond the control of the
employee. [rev. 5/9/01 ]
R Pre -Employment Testing
All applicants conditionally offered employment for safety -sensitive
positions or conditionally offered transfers from non -safety -sensitive
positions to safety -sensitive positions shall undergo pre -employment drug
testing and provide the test sample to an approved collection location within 48
hours of receiving the conditional offer of employment or transfer. Additionally,
when a safety -sensitive employee has not performed a safety sensitive
function for 90 consecutive calendar days or more, regardless of the reason,
and the employee has not been in the random selection pool during that
time, the employee shall take a pre -employment drug test. Receipt by the
transit system of a negative drug test result is required prior to employment.
If a test is cancelled, the applicant must retake and pass a drug test before
City of Fort Collins Personnel Policies and Procedures
Revise: Ocober 14, 2005
Section 8
being allowed to perform safety -sensitive duties. Refusal to consent to the
test, failure to provide the test sample as required above, or having a confirmed
positive test shall disqualify the applicant from employment with the City for a
period of six months from the date of refusal, failure to provide, or testing, whichever
is applicable. An applicant who is otherwise qualified, but has a long term
medical condition that renders him/her unable to provide an adequate urine
specimen will be eligible for hire and be able to perform safety -sensitive
duties despite his/her inability to provide urine for the test providing the
MRO verifies the validity of the medical condition by medical examination
and consultation with the applicant's physician. In the event of a confirmed
positive test, evidence of the absence of drug dependency from a Substance Abuse
Professional ( SAP) that meets with the return-to-duty/followup provisions set forth
in the regulations and the approval of the City and negative pre -employment drug
test will be required prior to further consideration for employment. The cost for
the assessment and any subsequent treatment will be the sole responsibility of the
individual. [rev. 6/1/051
C. Reasonable Suspicion Testing
1. All safety -sensitive employees may be subject to urine and/or breath
testing when there are reasons to believe that drug and/or alcohol use
is adversely affecting job performance. A reasonable suspicion referral
for testing will be made on the documented specific, contemporaneous,
articulable, observations concerning appearance, behavior, and speech
or body odor of the employee which are consistent with the short-term
effects of substance abuse and/or alcohol misuse. Examples of reasonable
suspicion include, but are not limited to, the following: [rev.10/14/05 ]
a. Physical signs and symptoms consistent with prohibited substance
use or alcohol misuse; [rev. 6/1/05 ]
b. Evidence of the manufacture, distribution, dispensing, possession, or
the use of controlled substances, drugs, alcohol, or other prohibited
substances; [rev.6/1/05]
c. Occurrence of a serious or potentially serious accident that may have been
caused by a prohibited substance abuse or alcohol misuse;
d. Fights (to mean physical contact), assaults, and flagrant disregard or viola-
tions of established safety, security, or other operating procedures.
2. Reasonable suspicion referrals must be made by a supervisor who has
personally observed the symptoms and who is trained to detect the signs
and symptoms of drug and alcohol use and who reasonably concludes
that an employee may be adversely affected or impaired in his/her work
performance due to possible prohibited substance abuse and /or alco-
hol misuse. Supervisors who are eligible to make reasonable suspicion
determinations and referrals shall complete at least 60 minutes of train-
ing on the physical, behavioral, and performance indicators of prob-
City of Fort Collins Personnel Policies and Procedures
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Section 8
able drug use and at least 60 minutes of training on the physical, be-
havioral, and performance indicators of probable alcohol use.
[rev. 9/4/021
3. Upon making a reasonable suspicion determination, the supervisor or
another City -designated representative shall escort the employee to the
collection site. The determining supervisor may not serve as the screen-
ing test technician (STT) or the breath alcohol technician (BAT).
[new 9/4/02]
D. Post -Accident Testing
1. All safety -sensitive employees who are operating a Transfort or Dial-
A -Ride vehicle (regardless of whether or not the vehicle is in revenue
service) will be required to undergo a drug and alcohol testing as soon
as practicable following an accident associated with the operation of
the vehicle, if as a result: [new 7/8/021
a. an individual dies; or [new 7/8/02]
b. an individual suffers bodily injury and immediately receives medical
treatment away from the scene of the accident, unless the City
determines and documents that the employee can be completely
discounted as a contributing factor to the accident; or [rev. 9/4/021
c. in the case of a mass -transit vehicle that is a rubber tired vehicle,
any of the vehicles involved in the accident incur disabling damage
as the result of the occurrence and the vehicle or vehicles are
transported away from the scene by a tow truck or other vehicle; or
in the case of a mass transit vehicle that is a rail vehicle or a vessel,
the vehicle is removed from service; unless the City determines and
documents that the employee can be completely discounted as a
contributing factor to the accident. [rev. 9/4/02 ]
2. Following an accident where a test is required, the safety -sensitive
employees will be tested as soon as practicable, but not to exceed 8
hours for alcohol testing and 32 hours for drug testing. If alcohol
testing is not done within 2 hours, the reason for not testing must be
documented and attempts to complete alcohol testing shall continue
for up to 8 hours. if drug testing is not accomplished within 32 hours,
the reason for testing must be documented. Any safety -sensitive
employee involved in an accident must refrain from alcohol use for 8
hours following the accident or until he/she undergoes a post -accident
test. A safety -sensitive employee must remain readily available for
testing following an accident and any safety -sensitive employee who
leaves the scene of the accident without justifiable explanation prior
to the submission of a drug and alcohol test will be considered to have
refused the test and will be subject to discipline up to and including
City of Fort Collins Personnel Policies and Procedures
Revised: Ocober 14, 2005
Section 8
8. Independent Service provider. The services to be performed by Service Provider
are those of an independent service provider and not of an employee of the City of Fort Collins.
The City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for
any other purpose.
9. Personal Services. It is understood that the City enters into the Agreement
based on the special abilities of the Service Provider and that this Agreement shall be
considered as an agreement for personal services. Accordingly, the Service Provider shall
neither assign any responsibilities nor delegate any duties arising under the Agreement without
the prior written consent of the City.
10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for
any of the services shall not be construed to operate as a waiver of any rights or benefits
provided to the City under this Agreement or cause of action arising out of performance of this
Agreement.
11. Warranty.
(a) Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance
with accepted standards for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the
most suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City.
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials,
equipment and labor, against defects and nonconformances in design,
materials and workmanship/workwomanship for a period beginning with
the start of the work and ending twelve (12) months from and after final
acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors
of any tier. Upon receipt of written notice from City of any such defect or
nonconformances, the affected item or part thereof shall be redesigned,
repaired or replaced by Service Provider in a manner and at a time
acceptable to City.
03
termination of employment. Post -accident testing will not be required
until involved employees are done or relieved from assisting in the
resolution of an accident and/or have received necessary medical
attention following the accident. [rev. 7/8/02]
3. Employees tested under this provision will include not only vehicle
operators, but any other covered employee whose performance could
have contributed to the accident. [rev. 7/8/021
4. The results of a blood, urine, or breath test for the use of prohibited
drugs or alcohol misuse, conducted by Federal, State, or local officials
having independent authority for the test, shall be considered to meet
the requirements of this section provided such test conforms to the
applicable Federal, State, or local testing requirements, and that the
test results are obtained by the City. Such test results may be used only
when the City is unable to perform a post -accident test within the
required period noted in subparagraph 2, above. [new 9/4/02 ]
E. Random Testing
Employees in safety -sensitive positions will be subject to random,
unannounced testing. Such an employee shall only be randomly tested
for alcohol misuse while the employee is performing safety sensitive
functions; just before the employee is to perform safety sensitive functions;
or just after the employee has ceased performing such functions. A covered
employee may be randomly tested for prohibited drug use anytime while
on duty. The selection of safety -sensitive employees for random alcohol
and drug testing will be made using a scientifically valid method that is
mapped to the employee's social security number and that ensures each
covered employee that he/she will have an equal chance of being selected
each time selections are made. The random tests will be unannounced,
spread throughout the year, and may be conducted on all days and hours
during which transit service is in operation. Neither management nor
operations employees will have discretion in the selection and notification
of employees for testing. Unless the percentages are changed pursuant to
federal authority, 50% of the number of covered employees shall be tested
for drugs and 10% of the number of covered employees shall be tested for
alcohol on an annual basis. Upon notice of selection for a random test,
and employee shall proceed to the test site immediately unless the employee
is performing a safety -sensitive function at the time of notification, in
which case, the employee shall safely cease the safety -sensitive function
when relieved and proceed to the testing site as soon as possible. Should a
safety -sensitive employee's name be chosen for random testing and the employee
is not available to test (vacation, sick leave), the City of Fort Collins Transit System
will await the return of the employee to conduct the test. Only in instances where
the individual will not return during the testing period will the random number
selection company be requested to provide another employee's number. Should a
City of Fort Collins Personnel Policies and Procedures
Revised: October 14, 2005
Section 8
selected employee refuse the random alcohol or drug test (refusal is
considered a positive test) it will be considered as a deliberate refusal and under
City policy, the safety -sensitive employee will be subject to termination.
[rev. 10/14/05]
E Return -to -Duty Testing
All safety -sensitive employees who previously tested positive on a drug or
alcohol test or who refused to submit to a test must test negative (below
0.02 for alcohol) and be evaluated and determined eligible to return to
duty by the Substance Abuse Professional (SAP) before the City releases
the employee to return to safety sensitive work. [rev 10/14/051
G. Follow -Up Testing
Safety -sensitive employees that have tested positive will be required to
undergo unannounced urine and/or breath testing following their return
to work. This testing will be in addition to any random selected testing.
The follow-up testing will be performed for a period of one to five years
with a minimum of six tests to be performed the first year, all as determined
by the SAP. [rev. 6/1/051
8.18.8 Employee Assessment
A. Any safety -sensitive employee who tests positive for the presence of illegal
drugs or alcohol above the thresholds set forth in 49 CFR Part 40, as
amended, will be referred for evaluation by a Substance Abuse Professional
(SAP). A SAP is a licensed or certified physician, psychologist, social
worker, employee assistance professional, or addiction counselor with
knowledge of and clinical experience in diagnosis and treatment of alcohol-
related/drug-related disorders, and who meets the qualifications set forth
in 49 CFR 40.281. The SAP shall follow the procedures set forth in 49 CFR
Part 40. The SAP will evaluate each employee to determine what assistance
the employee needs in resolving problems associated with prohibited drug
use or alcohol misuse. [rev. 6/1/05]
R Assessment by the SAP or participation in the company's Employee Assistance
Program does not shield an employee from disciplinary action or guarantee
employment or reinstatement with the transit system. The City of Fort Collins
Transit System Disciplinary Code should be consulted to determine the penalty for
performance -based infractions and violations of policy provisions. The violations
may include, but are not limited to, refusal to test and positive test results.
C. If a safety -sensitive employee is allowed to return to duty, he/she must
properly follow the rehabilitation program prescribed by the SAP and
documented in the Last Chance Agreement, the employee must have negative
return -to -work drug and alcohol tests, and be subject to unannounced
follow-up tests for a period of one to five years. The employee will also
City of Fort Collins Personnel Policies and Procedures
Revised: Ocober 14, 2005
Section 8
still be subject to random, post -accident, and reasonable suspicion testing.
The cost of any treatment or rehabilitation services will be paid directly by the
employee or his/her insurance provider. Employees will be allowed to take
accumulated sick leave and vacation leave to participate in the prescribed
rehabilitation program. [rev. 6/1/05]
8.18.9 Information Disclosure
Any records pertaining to the employee's use of prohibited drugs, including
records pertaining to his/her drug tests, may be released under the following
circumstances: [rev. 5/9/01 ]
1. When an employee gives written instruction that the transit system may
release information or copies of records regarding an employee's test results
to a third party or subsequent employer; [rev. 6/l/05]
2. When, due to a lawsuit, grievance, or proceeding initiated on behalf of the
employee tested, the result must be released to the decision -maker in the
case; [rev. 6/1/05]
3. When an employee provides a written request for copies of his/her records
relating to the test(s ). Accessible records include any records pertinent to
his/her test, such as equipment calibration records and laboratory
certifications; [rev. 6/1/05]
4. When an accident investigation is being performed by the National
Transportation Safety Board (NTSB) and the post -accident test results are
needed for the investigation; [rev. 6/1/051
5. When records are requested by the DOT or any DOT agency with regulatory
authority over the employer or any of its employees, or to a state oversight
agency authorized to oversee rail fixed guideway systems; [rev. 6/1/05 ]
6. a. Requests for test results information by an unemployment service
bureau can be granted, if the individual's dismissal was a result of a
positive drug or alcohol test, because the request for unemployment
benefits was initiated by the employee; [rev. 6/1/051
b. Each request for release of information must specifically identify the
person to whom the information is to be released, the circumstances
under which the release is authorized, and the specific kind of
information to be released. [rev. 6/1/05]
8.18.10 Last Chance Agreement
Employees who re-enter the workforce must agree to a last chance agreement. That
contract may include, but is not limited to, the following: [rev. 9/22/98]
1. A release to work statement from the Substance Abuse Professional;
City of Fort Collins Personnel Policies and Procedures
Revised.: October 14, 2005
Section 8
2. A negative test for drugs and/or alcohol;
3. An agreement to unannounced frequent follow-up testing as determined by the
SAP for a period of one to five years with at least six tests performed the first year;
[rev. 9/22/98]
4. A statement of expected work related behaviors [rev. 9/22/981;
5. An agreement to follow specific after -care requirements with the understanding
that violation of the re-entry contract is grounds for termination. [rev. 9/22/981
8,1 & 11 System Contacts [rev. 9/22/981
.Any person having questions regarding this policy or any aspect of the drug -
free and alcohol -free transit program should contact the following transit
system representative:
Program Manager: Transfort/Dial-A-Ride General Manager
Address: Transfort/Dial-A-Ride
6570 Portner Road
Fort Collins, Colorado
Telephone: (970 )224-6032
Fax: (970)221-6285
Medical Review Officer: Contact Transfort/Dial-A-Ride General Manager
for current officer.
Substance Abuse Professional: Contact Transfort/Dial-A-Ride General
Manager for current professional.
The name, address, and phone number of the current Program Manager, the
Medical Review Officer, the Substance Abuse Professional, collection sites,
and the certified laboratory used to test samples shall be conspicuously posted
in an area where all safety -sensitive employees will have ready access to it.
[rev. 9/4/02]
8.18.12 Employee Training and Effects of Alcohol [rev. 5/9/01]
A. All safety -sensitive employees will attend at least 60 minutes of training
on the effects and consequences of prohibited drug use on personal health,
safety, and the work environment, and the signs and symptoms which may
indicate prohibited drug use. This training will also include information
on the effects and consequences of this drug and alcohol testing program
and this policy. [new 5/9/01 ]
R Alcohol is a socially acceptable drug that has been consumed throughout the world
for centuries. It is considered a recreational beverage when consumed in moderation
City of Fort Collins Personnel Policies and Procedures
Revised: Ocober 14, 2005
Section 8
for enjoyment and relaxation during social gatherings. However, when consumed
primarily for its physical and mood -altering effects, it is a substance of abuse.
C. Pursuant to the FTA regulations, the following is a discussion of:
1. The effects of alcohol misuse on an individual's health, work, and personal life;
2. The signs and symptoms of an alcohol problem; and
3. The available methods of intervening when an alcohol problem is suspected.
D. Effects on Health
1. Alcohol is a central nervous system depressant. As such, it slows down physical
responses and progressively impairs mental functions. Alcohol also depresses
the brain centers for self-control and inhibition, leading to loud and aggressive
behavior, which make alcohol appear to act like a stimulant.
2. Alcohol use can cause unconsciousness, coma, respiratory failure, and death.
It can have long degenerative effects on many body organs, including the liver,
stomach, intestines, heart, and brain. The chronic consumption of alcohol
(average of three servings per day of beer [ 12 ounces], whiskey [one ounce], or
wine [sic ounces)) over time can result in the following health hazards:
a. Decreased sexual functioning;
b. Dependency (up to 10% of all people who drink alcohol become physically
dependent on alcohol and can be termed "alcoholic");
c. Fatal liver diseases;
d. Increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast,
and malignant melanoma ( skin cancer);
e. Kidney disease;
f. Pancreatitis;
g. Spontaneous abortion and neonatal mortality;
h. Ulcers; and
i. Birth defects (up to 54% of all birth defects are alcohol related).
E. Effects on Work
1. Alcohol dulls sensation and impairs vision, memory, coordination, and
judgement. This can lead to risky behavior, i.e. dangerous driving. Impairment
in coordination can be objectively measured with as little as two drinks in the
body. It takes an hour for the average person (150 pounds) to process one
serving of an alcoholic beverage from the body. A person who is legally
City ojFort Collins Personnel Policies and Procedures
Revised: October 14, 2005
Section 8
intoxicated is six times more likely to have an accident than a sober person.
[rev.6/l/05]
2. The estimated cost of alcohol abuse is about $117 billion annually. This figure
includes medical bills, time lost from work, decreased job efficiency and property
damage.
F. Effects on Personal Life
1. The impact of alcohol abuse goes beyond the problem drinker. Each alcoholic
affects the lives of four to seven people. Alcohol abuse is a leading cause of
child abuse and neglect. It also figures prominently in spousal abuse. Alcohol
during pregnancy can cause birth defects, including Fetal Alcohol Syndrome.
[rev. 9/22/98]
2. Each year in the U.S., over 100,000 deaths are related to alcohol. This figure
includes deaths from vehicular accidents, drownings, suicides, and numerous
physical ailments. This makes alcohol the third leading cause of death in America.
The annual toll is broken down as follows: [rev. 9/22/981
a. 24,000 people will die on the highway due to the legally impaired driver;
b. 12,000 more will die on the highway due to the alcohol -affected driver;
c. 15,800 will die in non -highway accidents;
d. 30,000 will die due to alcohol -caused liver disease;
e. 10,000 will die due to alcohol -induced brain disease or suicide; and
f. Up to another 12,500 will die due to alcohol -related conditions or acci-
dents.
3. The following are additional social issues related to alcohol: [rev. 9/22/98]
a. Tivo-thirds of all homicides are committed by people who drink prior to the
crime;
b. Ttvo to three percent of the driving population is legally drunk at any one
time. This is doubled at night and on weekends;
c. Two -thuds of all Americans will be involved in an alcohol -related vehicle
accident during their lifetime;
d. The rate of separation and divorce in families with alcohol dependency prob-
lems is seven times the average;
e. 40% of family court cases are alcohol problem related; and
f. Alcoholics are 15 times more likely to commit suicide than are other seg-
ments of the population.
City of Fort Collins Personnel Policies and Procedures
Revised: Ocober 14, 2005
Section 8
G. Signs and Symptoms of an Alcohol Problem
1. Alcohol causes both psychological and physical dependence. When a drinker
uses alcohol as an escape from problems and stress and comes to depend on the
drug for relief, psychological dependency is present. [rev. 9/22/981
2. When repeated drinking produces tolerance (which is a need to consume more
of the drug to obtain the same effect), and the drinker's body needs alcohol to
function, physical dependence has developed. Once dependent, many drinkers
experience withdrawal symptoms when they stop drinking. [rev. 9/22/98]
3. Alcoholism is a disease characterized by, among other things, the drinker's loss
of control over his or her consequences. In general, people are said to have a
problem with alcohol, or be alcoholic, if they cannot control their drinking, if
they are dependent on the drug, and if their drinking has a negative impact on
their physical or mental health, their families, friends, and jobs. [rev. 9/22/981
4. How a person using alcohol appears/behaves: [rev. 9/22/981
a. Poor muscle coordination
b. Dulled mental process
c. Slowed reaction rate
d. Staggering
e. Red eyes
E Possible constricted pupils
g. Poor or slurred speech
h. Hygiene
L Lack of social control
j. Sleepy or stuporous condition
k. Loss of inhibitions
1. Lack of concentration
m. Confusion
n. Aggressive or violent behavior
o. Odor of alcohol on breath
5. Signs of alcohol misuse on-the-job include: [rev, 9/22/98)
a. Absenteeism
b. On-the-job absenteeism
City of Fort Collins Personnel Policies and Procedures
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Section 8
c.
Tardiness
d.
Accidents
e.
Missed deadlines
f.
Increased nervousness
g.
Greater irritability
h.
Procrastination, delays
i.
Red or bleary eyes
j.
Erratic productivity
k.
Hand tremors
1.
Flushed face
m.
Poor concentration
n.
Undependable
o.
Aggressiveness
p.
Personal problems
q.
Financial problems
City of Fort Collins Personnel Policies and Procedures
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Section 8
Attachment "C"
Monthly Invoice, Form Samples II-VIII
Monthly Invoice
Invoice Number: Month:
On Time Performance %
Number of Complaints
Total Accidents
Preventable
Non -Preventable
Vehicle Miles
Revenue
Deadhead
Vehicle Hours
Revenue
Deadhead
Fares Collected
Number of Trips Provided
Total Invoice
Must be submitted to Dial -A -Ride by the 16th calendar day of each month.
12. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof.
13. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
the default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party
commences legal or equitable actions against the defaulting party, the defaulting party shall be
liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and
costs incurred because of the default.
14. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
15. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save
harmless the City, its officers, agents and employees against and from any and all actions,
suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to
or death of any person or persons, or damages to property arising out of, result from or
occurring in connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an additional
03
Forms Sample 11
DAILY FARE RECONCIUAIION
Date:
Single Single Single Total Manifest
Ticket Ticket Ticket Green White Blue Dollar Value Amount to be
Driver Reg Fare Half Fare Reduced Fare Tokens Tokens Tokens Collected Collected Variance
Run 301
Run 302
Run 303
Run 304
310
Total
Cute:
Forms Sample III
WEEKEND FARE RECONCILIATION
Single Single Single
Ticket Ticket Ticket green White Blue
Driver Reg Fare Half Fare Reduced Fare Tokens Tokens Tokens
Total Collected
Total Manifest
Dollar Value Amount to be
Collected Collected Variance
Forms Sample IV
WEEKLY FARE RECONCILIATION
Week of
Sngle Single Single
Ticket Ticket Ticket Green White Blue
Reg Fare Hatt Fare Reduced Fare Tokens Tokens Tokens
304
Total Manifest
Dollar Value Amount to be
Collected Collected Variance
Forms Sample V
DAILY OPERATIONS REPORT
Contractor,
Srchedufed Trips
Total Cancellations
Cancels at the Door
Late Cancellations {< 9 hour)
Other Cancels
No Shows
Missed Trips
Denials.
Trips Provided
Total Vehicle Nines
Revenue Miles
Deadhead Miles
Total Vehicle Hours
Revenue Flours
Deadhead Hours
Person Completing Report: __,--
***Send Copy to Dial -A -Ride Daily***
Date:
Forms Sample VI
Daily Passenger Manifest
Contrmhm........ DrivorDate:
Cwmments:
Forms Sample VII
Contraictoes Collision I Iniu!j Incidents
Month arw YMw-
Report prepared ty:
Forms Sample VIII
COMPLAINT LOG
ce"Wac3ar ...... Month S Year: . __.... .... Page ...- I_ of
EXHIBIT "B"
INSURANCE REQUIRED
The Service Provider will furnish certificates of insurance indicating that it has insurance
as follows:
Auto Liability $500,000 per occurrence
Uninsured Motorist $500,000 per occurrence
Worker's Compensation
Coverage A — Statutory Limits
Coverage B
$100,000 each accident
$500,000 bodily injury for disease
$100,000 bodily injury by disease per employee
The City should be named as an additional insured on each policy.
EXHIBIT "C"
FEDERAL REQUIREMENTS
TABLE OF CONTENTS
Lobbying
Page 2
Access to Records and Reports
Page 2-3
Federal Changes
Page 3
Contract Works Hours and Safety Standards
Page 3-7
No Government Obligation to Third Parties
Page 7
Program Fraud and False or Fraudulent Statements
Page 8
Termination
Page 8-12
Governmentwide Debarment and Suspension
(Nonprocurement)
Page 12
Privacy Act
Page 13
Civil Rights Requirements
Page 13
Patent and Rights in Data
Page 14-17
Disadvantaged Business Enterprise (DBE)
Page 17-18
Interests of Members of or Delegates to Congress
Page 19
Incorporation of Federal
Transit Administration (FTA) Terms
Page 19
Certification Regarding Lobbying
Page 20
Certification of Drug and Alcohol Testing
Page 21
Drug -Free Workplace Act Compliance
Page 22
LOBBYING
31 U.S.C. 136249 CFR Part 1949 CFR Part 20
Byrd Anti -Lobbying Amendment, 31 U.S.C. 1362, as amended by the Lobbying
Disclosure Act of 1996, P.L. 104-66 [to be codified at 2 U.S.C. 1601, et seq.]
- Service Providers who apply or bid for an award of $100,000 or more shall file the
certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or
an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also
disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has
made lobbying contacts on its behalf with non -Federal funds with respect to that
Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are
forwarded from tier to tier up to the recipient.
ACCESS TO RECORDS AND REPORTS
49 U.S.C. 6326 18 CFR 18.36 49 CFR.633.17Access to Records - The following
access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient
or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the
Service Provider agrees to provide the Purchaser, the FTA Administrator, the
Comptroller General of the Unites States or any of their authorized representatives
access to any books, documents, papers and records of the Service Provider which are
directly pertinent to this contract for the purposes of making audits, examinations,
excerpts and transcriptions. Service Provider also agrees, pursuant to 49 C. F. R.
633.17 to provide the FTA Administrator or his authorized representatives including any
PMO Service Provider access to Service Provider's records and construction sites
pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving
federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or
5311.
2. Where the Purchaser enters into a negotiated contract for other than a small
purchase or under the simplified acquisition threshold and is an institution of higher
education, a hospital or other non-profit organization and is the FTA Recipient or a
subgrantee of the FTA Recipient in
accordance with 49 C.F.R. 19.48, Service Provider agrees to provide the Purchaser,
FTA Administrator, the Comptroller General of the Unites States or any of their duly
authorized representatives with access to any books, documents, papers and record of
the Service Provider which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.
3. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital
project or improvement (defined at 49 U.S.C. 5302(a)(1) through other than competitive
bidding, the Service Provider shall make available records related to the contract to the
Purchaser, the Secretary of Transportation and the Comptroller General or any
authorized officer or employee of any of them for the purposes of conducting an audit
and inspection.
Page 1 of22 EXHIBIT"C"
insured under this Agreement of the type and with the limits specified within Exhibit "B",
consisting of one (1) page, attached hereto and incorporated herein by this reference. The
Service Provider before commencing services hereunder, shall deliver to the City's Director of
Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a
certificate evidencing the insurance coverage required from an insurance company acceptable
to the City.
16. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
17. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
18. Soecial Provisions. Special provisions or conditions relating to the services to
be performed pursuant to this Agreement are set forth in Exhibit "C", consisting of Twenty -Two
(22) pages, attached hereto and incorporated herein by this reference.
03
4. The Service Provider agrees to permit any of the foregoing parties to reproduce by
any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
5. The Service Provider agrees to maintain all books, records, accounts and reports
required under this contract for a period of not less than three years after the date of
termination or expiration of this contract, except in the event of litigation or settlement of
claims arising from the performance of this contract, in which case Service Provider
agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller
General, or any of their duly authorized representatives, have disposed of all such
litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
FEDERAL CHANGES
49 CFR Part 18
Federal Changes - Service Provider shall at all times comply with all applicable FTA
regulations, policies, procedures and directives, including without limitation those listed
directly or by reference in the Agreement (Form FTA MA (2) dated October, 1995)
between Purchaser and FTA, as they may be amended or promulgated from time to
time during the term of this contract. Service Provider's failure to so comply shall
constitute a material breach of this contract.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 40 U.S.C.? 827 -333
(1996)
29 C.F.R. 6 (1996)
29 C.F.R. 1926 (1996)
Pursuant to Section 102 (Overtime):
(1) Overtime requirements - No Service Provider or subService Provider contracting
for any part of the contract work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours
in such workweek unless such laborer or mechanic receives compensation at a rate not
less than one and one-half times the basic rate of pay for all hours worked in excess of
forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any
violation of the clause set forth in paragraph (1) of this section the Service Provider and
any subService Provider responsible therefor shall be liable for the unpaid wages. In
addition, such Service Provider and subService Provider shall be liable to the United
States for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (1) of this section, in the sum
Of $ 10 for each calendar day on which such individual was required or permitted to
work in excess of the standard workweek of forty hours without payment of the overtime
wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The City of Fort Collins
shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the Service Provider or subService Provider under any
Page 2 of 22 EXHIBIT -C-
such contract or any other Federal contract with the same prime Service Provider, or
any other federally -assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime Service Provider, such sums as may
be determined to be necessary to satisfy any liabilities of such Service Provider or
subService Provider for unpaid wages and liquidated damages as provided in the
clause set forth in paragraph (2) of this section.
(4) Subcontracts - The Service Provider or subService Provider shall insert in any
subcontracts the clauses set forth in this section and also a clause requiring the
subService Providers to include these clauses in any lower tier subcontracts. The
prime Service Provider shall be responsible for compliance by any subService Provider
or lower tier subService Provider with the clauses set forth in this section.
(5) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall
be maintained by the Service Provider during the course of the work and preserved for
a period of three years thereafter for all laborers and mechanics working at the site of
the work (or under the United States Housing Act of 1937, or under the Housing Act of
1949, in the construction or development of the project). Such records shall contain the
name, address, and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types
described in section 1 (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of
hours worked, deductions made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1 (b)(2)(B) of the Davis -Bacon Act, the Service
Provider shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual cost incurred in
providing such benefits. Service Providers employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the applicable programs.
Section 107 (OSHA):
Contract Work Hours and Safety Standards Act
(i) The Service Provider agrees to comply with section 107 of the Contract t Work
Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL
regulations, " Safety and Health Regulations for Construction " 29 C.F.R. Part 1926.
Among other things, the Service Provider agrees that it will not require any laborer or
mechanic to work in unsanitary, hazardous, or dangerous surroundings or working
conditions.
(ii) Subcontracts - The Service Provider also agrees to include the requirements of this
section in each subcontract. The term "subcontract' under this section is considered to
refer to a person who agrees to perform any part of the labor or material requirements
of a contract for construction, alteration or repair. A person who undertakes to perform
a portion of a contract involving the furnishing of supplies or materials will be
considered a "subService Provider" under this section if the work in question involves
Page 3 of 22 EXHIBIT "C"
the performance of construction work and is to be performed: (1) directly on or near the
construction site, or (2) by the employer for the specific project on a customized basis.
Thus, a supplier of materials which will become an integral part of the construction is a
"subService Provider' if the supplier fabricates or assembles the goods or materials in
question specifically for the construction project and the work involved may be said to
be construction activity. If the goods or materials in question are ordinarily sold to other
customers from regular inventory, the supplier is not a "subService Provider." The
requirements of this section do not apply to contracts or subcontracts for the purchase
of supplies or materials or articles normally available on the open market.
If it is later determined by the City of Fort Collins that the Service Provider had an
excusable reason for not performing, such as a strike, fire, or flood, events which are
not the fault of or are beyond the control of the Service Provider, the City of Fort Collins,
after setting up a new delivery of performance schedule, may allow the Service Provider
to continue work, or treat the termination as a termination for convenience.
C. Opportunity to Cure (General Provision) The City of Fort Collins in its sole
discretion may, in the case of a termination for breach or default, allow the Service
Provider [an appropriately short period of time] in which to cure the defect. In such
case, the notice of termination will state the time period in which cure is permitted and
other appropriate conditions.
If Service Provider fails to remedy to the City of Fort Collins' satisfaction the breach or
default or any of the terms, covenants, or conditions of this Contract within [ten (1 0)
days] after receipt by Service Provider or written notice from the City of Fort Collins
setting forth the nature of said breach or default, the City of Fort Collins shall have the
right to terminate the Contract without any further obligation to Service Provider Any
such termination for default shall not in any way operate to preclude the City of Fort
Collins from also pursuing all available remedies against Service Provider and its
sureties for said breach or default.
Waiver of Remedies for any Breach In the event that the City of Fort Collins elects to
waive its remedies for any breach by Service Provider of any covenant, term or
condition of this Contract, such waiver by the City of Fort Collins shall not limit the City
of Fort Collins' remedies for any succeeding breach of that or of any other term,
covenant, or condition of this Contract.
Termination for Default (Supplies and Service) If the Service Provider fails to deliver
supplies or to perform the services within the time specified in this contract or any
extension or if the Service Provider fails to comply with any other provisions of this
contract, the City of Fort Collins may terminate this contract for default. The City of Fort
Collins shall terminate by delivering to the Service Provider a Notice of Termination
specifying the nature of the default. The Service Provider will only be paid the contract
price for supplies delivered and accepted, or services performed in accordance with the
manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the
Service Provider was not in default, the rights and obligations of the parties shall be the
same as if the termination had been issued for the convenience of the Recipient.
f. Termination for Default (Transportation Services) If the Service Provider fails
to pick up the commodities or to perform the services, including delivery services, within
Page 4 of 22 EXHIBIT "U
the time specified in this contract or any extension or if the Service Provider fails to
comply with any other provisions of this contract, the City of Fort Collins may terminate
this contract for default. The City of Fort Collins shall terminate by delivering to the
Service Provider a Notice of Termination specifying the nature of default. The Service
Provider will only be paid the contract price for services performed in accordance with
the manner of performance set forth in this contract.
If this contract is terminated while the Service Provider has possession of Recipient
goods, the Service Provider shall, upon direction of the City of Fort Collins, protect and
preserve the goods until surrendered to the Recipient or its agent. The Service
Provider and the City of Fort Collins shall agree on payment for the preservation and
protection of goods. Failure to agree on an amount will be resolved under the Dispute
clause.
If, after termination for failure to fulfill contract obligations, it is determined that the
Service Provider was not in default, the rights and obligations of the parties shall be the
same as if the termination had been issued forthe convenience of the City of Fort
Collins.
g. Termination for Default (Construction) If the Service Provider refuses or fails
to prosecute the work or any separable part, with the diligence that will insure its
completion within the time specified in this contract or any extension or fails to complete
the work within this time, or if the Service Provider fails to comply with any other
provisions of this contract, the City of Fort Collins may terminate this contract for
default. The City of Fort Collins shall terminate by delivering to the Service Provider a
Notice of Termination specifying the nature of the default. In this event, the Recipient
may take over the work and compete it by contract or otherwise, and may take
possession of and use any materials, appliances, and plant on the work site necessary
for completing the work. The Service Provider and its sureties shall be liable for any
damage to the Recipient resulting from the Service Provider's refusal or failure to
complete the work within specified time, whether or not the Service Provider's right to
proceed with the work is terminated. This liability includes any increased costs incurred
by the Recipient in completing the work.
The Service Provider's right to proceed shall not be terminated nor the Service Provider
changed with damages under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the
control and without the fault or negligence of the Service Provider. Examples of such
causes include: acts of God, acts of the Recipient, acts of another Service Provider in
the performance of a contract with the Recipient, epidemics, quarantine restrictions,
strikes, freight embargoes; and
2. the Service Provider, within [1 0] days from the beginning of any delay, notifies the
City of Fort Collins in writing of the causes of delay. If in the judgment of the City of Fort
Collins, the delay is excusable, the time for completing the work shall be extended. The
judgment of the City of Fort Collins shall be final and conclusive on the parties, but
subject to appeal under the Disputes clauses.
If, after termination of the Service Provider's right to proceed, it is determined that the
Service Provider was not in default, or that the delay was excusable, the rights and
obligations of the parties will be the same as if the termination had been issued for the
Page 5 of 22 EXHIBIT "C"
convenience of the Recipient
h. Termination for Convenience or Default (Architect and Engineering) The
City of Fort Collins may terminate this contract in whole or in part, for the Recipient's
convenience or because of the failure of the Service Provider to fulfill the contract
obligations. The City of Fort Collins shall terminate by delivering to the Service Provider
a Notice of Termination specifying the nature, extent, and effective date of the
termination. Upon receipt of the notice, the Service Provider shall
(1) immediately discontinue all services affected (unless -the notice directs
otherwise), and
deliver to the Contracting Officer all data, drawings, specifications, reports, estimates,
summaries, and other information and materials accumulated in performing this
contract, whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall
make an
equitable adjustment in the contract price but shall allow no anticipated profit on
unperformed services. If the termination is for failure of the Service Provider to fulfill the
contract obligations, the Recipient may complete the work by contact or otherwise and
the Service Provider shall be liable for any additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the
Service Provider was not in default, the rights and obligations of the parties shall be the
same as if the termination had been issued for the convenience of the Recipient.
Termination for Convenience of Default (Cost -Type Contracts) The City of Fort
Collins may terminate this contract, or any portion of it, by serving a notice or
termination on the Service Provider. The notice shall state whether the termination is
for convenience of the City of Fort Collins or for the default of the Service Provider. If
the termination is for default, the notice shall state the manner in which the Service
Provider has failed to perform the requirements of the contract. The Service Provider
shall account for any property in its possession paid for from funds received from the
City of Fort Collins, or property supplied to the Service Provider by the City of Fort
Collins. If the termination is for default, the City of Fort Collins may fix the fee, if the
contract provides for a fee, to be paid the Service Provider in proportion to the value, if
any, of work performed up to the time of termination. The Service Provider shall
promptly submit its termination claim to the City of Fort Collins and the parties shall
negotiate the termination settlement to be paid the Service Provider.
If the termination is for the convenience of the City of Fort Collins, the Service Provider
shall be paid its contract close-out costs, and a fee, if the contract provided for payment
of a fee, in proportion to the work performed up to the time of termination.
If, after serving a notice of termination for default, the City of Fort Collins determines
that the Service Provider has an excusable reason for not performing, such as strike,
fire, flood, events which are not the fault of and are beyond the control of the Service
Provider, the City of Fort Collins, after setting up a new work schedule, may allow the
Service Provider to continue work, or treat the termination as a termination for
convenience.
Page 6 of 22 EXHIBIT "C"
NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the
Federal Government.
(1) The Purchaser and Service Provider 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 written 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 Purchaser, Service Provider, or
any other party (whether or not a party to that contract) pertaining to any matter
resulting from the underlying contract.
(2) The Service Provider 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 subService Provider
who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
AND RELATED ACTS
31 U.S.C. 3801 et seq.
49 CFR Part 31 18 U.S.C. 1001
49 U.S.C.6307
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Service Provider acknowledges that the provisions of the Program Fraud
Civil Remedies Act of 1986, as amended, 31 U.S.C. 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 Service
Provider 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 Service Provider 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 Service Provider to
the extent the Federal Government deems appropriate.
(2) The Service Provider 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
U.S-C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C.
1001 and 49 U.S.C. 5307(n)(1) on the Service Provider, to the extent the Federal
Government deems appropriate.
(3) The Service Provider 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 subService
Provider who will be subject to the provisions.
Page 7 of 22 EXHIBIT "C"
TERMINATION
49 U.S.C.Part 18
FTA Circular 4220.1 D
a. Termination for Convenience (General Provision) The City of Fort Collins
may terminate this contract, in whole or in part, at any time by written notice to the
Service Provider when it is in the Government's best interest. The Service Provider
shall be paid its costs, including contract close-out costs, and profit on work performed
up to the time of termination. The Service Provider shall promptly submit its termination
claim to the City of Fort Collins to be paid the Service Provider. If the Service Provider
has any property in its possession belonging to the City of Fort Collins, the Service
Provider will account for the same, and dispose of it in the manner the City of Fort
Collins directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Service
Provider does not deliver supplies in accordance with the contract delivery schedule, or,
if the contract is for services, the Service Provider fails to perform in the manner called
for in the contract, or if the Service Provider fails to comply with any other provisions of
the contract, the City of Fort Collins may terminate this contract for default. Termination
shall be effected by serving a notice of termination on the Service Provider setting forth
the manner in which the Service Provider is in default. The Service Provider will only
be paid the contract price for supplies delivered and accepted, or services performed in
accordance with the manner of performance set forth in the contract.
If it is later determined by the City of Fort Collins that the Service Provider had
an excusable reason for not performing, such as a strike, fire, or flood, events which are
not the fault of or are beyond the control of the Service Provider, the City of Fort Collins,
after setting up a new delivery of performance schedule, may allow the Service Provider
to continue work, or treat the termination as a termination for convenience.
C. Opportunity to Cure (General Provision) The City of Fort Collins in its sole
discretion may, in the case of a termination for breach or default, allow the Service
Provider [an appropriately short period of time] in which to cure the defect. In such
case, the notice of termination will state the time period in which cure is permitted and
other appropriate conditions.
If Service Provider fails to remedy to the City of Fort Collins' satisfaction the
breach or default or any of the terms, covenants, or conditions of this Contract within
[ten (1 0) days] after receipt by Service Provider or written notice from the City of Fort
Collins setting forth the nature of said breach or default, the City of Fort Collins shall
have the right to terminate the Contract without any further obligation to Service
Provider. Any such termination for default shall not in any way operate to preclude
the City of Fort Collins from also pursuing all available remedies against Service
Provider and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the City of Fort Collins
elects to waive its remedies for any breach by Service Provider of any covenant, term
or condition of this Contract, such waiver by the City of Fort Collins shall not limit the
City of Fort Collins' remedies for any succeeding breach of that or of any other term,
covenant, or condition of this Contract.
Page 8 of 22 EXHIBIT "C"
e. Termination for Default (Supplies and Service) If the Service Provider fails to
deliver supplies or to perform the services within the time specified in this contract or
any extension or if the Service Provider fails to comply with any other provisions of this
lt. The City of Fort
contract, the City of Fort Collins may terminate this contract for defau Collins shall terminate by delivering to the Service Provider a Notice of Termination
specifying the nature of the default. The Service Provider will only be paid the contract
price for supplies delivered and accepted, or services performed in accordance with the
manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that
the Service Provider was not in default, the rights and obligations of the p
the same as if the termination had been issued for the convenience of the Recipient. arties shall be
f• Termination for Default (Transportation Services) If the Service Provider fails
to pick up the commodities or to perform the services, including delivery services, within
the time specified in this contract or any extension or if the Service Provider fails to
comply with any other provisions of this contract, the City of Fort Collins may terminate
this contract for default. The City of Fort Collins shall terminate by delivering to the
Service Provider a Notice of Termination specifying the nature of default. The Service
Provider will only be paid the contract price for services performed in accordance with
the manner of performance set forth in this contract.
If this contract is terminated while the Service Provider has possession of
Recipient goods, the Service Provider shall, upon direction of the City of Fort Collins,
Service Provider and the City of Fort Collins shall agree on payment for the
Protect and preserve the goods until surrendered to the Recipient or its agent. The
preservation and protection of goods. Failure to agree on an amount will be resolved
under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that
the Service Provider was not in default, the rights and obligations of the parties shall be
the same as if the termination had been issued for the convenience of the City of Fort
Collins.
g• Termination for Default (Construction) If the Service Provider refuses or fails
to prosecute the work or any separable part, with the diligence that will insure its
completion within the time specified in this contract or any extension or fails to complete
the work within this time, or if the Service Provider fails to comply with any other
provisions of this contract, the City of Fort Collins may terminate this contract for
default. The City of Fort Collins shall terminate by delivering to the Service Provider a
Notice of Termination specifying the nature of the default. In this event, the Recipient
may take over the work and compete it by contract or otherwise, and may take
possession of and use any materials, appliances, and plant on the work site necessary
for completing the work. The Service Provider and its sureties shall be liable for any
damage to the Recipient resulting from the Service Provider's refusal or failure to
complete the work within specified time, whether or not the Service Provider's right to
proceed with the work is terminated. This liability includes any increased costs incurred
by the Recipient in completing the work.
The Service Provider's right to proceed shall not be terminated nor the Service
Provider changed with damages Under this clause if -
Page 9 of 22 EXHIBIT °C"
1. the delay in completing the work arises from unforeseeable causes beyond the
control and without the fault or negligence of the Service Provider. Examples of such
causes include: acts of God, acts of the Recipient, acts of another Service Provider in
the performance of a contract with the Recipient, epidemics, quarantine restrictions,
strikes, freight embargoes; and
2. the Service Provider, within [10] days from the beginning of any delay, notifies the
City of Fort Collins in writing of the causes of delay. If in the judgment of the City of Fort
Collins, the delay is excusable, the time for completing the work shall be extended. The
judgment of the City of Fort Collins shall be final and conclusive on the parties, but
subject to appeal under the Disputes clauses.
If, after termination of the Service Provider's right to proceed, it is determined
that the Service Provider was not in default, or that the delay was excusable, the rights
and obligations of the parties will be the same as if the termination had been issued for
the convenience of the Recipient.
h. Termination for Convenience or Default (Architect and Engineering) The
City of Fort Collins may terminate this contract in whole or in part, for the Recipient's
convenience or because of the failure of the Service Provider to fulfill the contract
obligations. The City of Fort Collins shall terminate by delivering to the Service Provider
a Notice of Termination specifying the nature, extent, and effective date of the
termination. Upon receipt of the notice, the Service Provider shall
(1) immediately discontinue all services affected (unless -the notice directs otherwise),
and
(2) deliver to the Contracting Officer all data, drawings, specifications, reports,
estimates, summaries, and other information and materials accumulated in performing
this contract, whether completed or in process.
If the termination is for the convenience of the Recipient, the
Contracting Officer shall make an Equitable adjustment in the contract price but shall
allow no anticipated profit on unperformed services.
If the termination is for failure of the Service Provider to fulfill the
contract obligations, the Recipient may complete the work by contact or otherwise and
the Service Provider shall be liable for any additional cost incurred by the Recipient.
If,. after termination for failure to fulfill contract obligations, it is
determined that the Service Provider was not in default, the rights and obligations of the
parties shall be the same as if the termination had been issued for the convenience of
the Recipient.
i. Termination for Convenience of Default (Cost -Type Contracts) The City of
Fort Collins may terminate this contract, or any portion of it, by serving a notice or
termination on the Service Provider. The notice shall state whether the termination is
for convenience of the City of Fort Collins or for the default of the Service Provider. If
the termination is for default, the notice shall state the manner in which the Service
Provider has failed to perform the requirements of the contract. The Service Provider
shall account for any property in its possession paid for from funds received from the
City of Fort Collins, or property supplied to the Service Provider by the City of Fort
Page 10 of 22 EXHIBIT "C"
Collins. If the termination is for default, the City of Fort Collins may fix the fee, if the
contract provides for a fee, to be paid the Service Provider in proportion to the value, if
any, of work performed up to the time of termination. The Service Provider shall
promptly submit its termination claim to the City of Fort Collins and the parties shall
negotiate the termination settlement to be paid the Service Provider.
If the termination is for the convenience of the City of Fort Collins, the
Service Provider shall be paid its Contract close-out costs, and a fee, if the contract
provided for payment of a fee, in proportion to the Work performed up to the time of
termination.
If, after serving a notice of termination for default, the City of Fort
Collins determines that the Service Provider has an excusable reason for not
performing, such as strike, fire, flood, events which are not the fault of and are beyond
the control of the Service Provider, the City of Fort Collins, after setting up a new work
schedule, may allow the Service Provider to continue work, or treat the termination as a
termination for convenience.
GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)49
CFR Part 29
Executive Order 12649
Instructions for Certification
1. By signing and submitting this bid or proposal, the prospective lower tier
participant is providing the signed certification set out below .
2. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later determined that
the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the City of Fort Collins
may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to
the City of Fort Collins if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
4. The terms 'covered transaction," "debarred," "suspended," "ineligible," 'lower
tier covered transaction," "participant," "persons," 'lower tier covered transaction,"
"principal," "proposal," and 'voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549 [49 CFR Part 29]. You may contact the City of Fort Collins for
assistance in obtaining a copy of those regulations.
5. The prospective' lower tier participant agrees by submitting this proposal that,
should the proposed covered transaction be entered into, it shall not knowingly enter
into any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized in writing by the City of Fort Collins.
6. The prospective lower tier participant further agrees by submitting this
Page t 1 of 22 EXHIBIT `C"
S
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APP "'D ORM:
Assist6nt City Attorney
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CORPORA SECRETARY
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CITY OF FORT COLLINS, CO ORADO
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City Manager
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Director of Purchasing and Risk Management
Date: 1/ [ `Z le b
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proposal that it will include the clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction",
without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous, A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may,
but is not required to, check the Nonprocurement List issued by U.S. General Service
Administration.
8. Nothing contained in the foregoing shall be construed to require establishment
of system of records in order to render in good faith the certification required by this
clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if
a participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to all remedies available to
the Federal Government, the City of Fort Collins may pursue available remedies
including suspension and/or debarment.
"Certification Regarding Debarment. Suspension. Ineligibility and Voluntary Exclusion -
Lower Tier Covered Transaction"
(1) The prospective lower tier participant certifies, by submission of this bid or
proposal, that neither it nor its "principals" [as defined at-49 C.F.R. 29.105(p)] is
presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or
agency. '
(2) When the prospective lower tier participant is unable to certify to the
statements in this certification, such prospective participant shall attach an explanation
to this proposal.
PRIVACY ACT
5 U.S.C. 552
When a grantee maintains files on drug and alcohol enforcement activities for
FTA, and those files are organized so that information could be retrieved by personal
identifier, the Privacy Act requirements apply to all contracts. The Federal Privacy Act
requirements flow down to each third party Service Provider and their contracts at every
tier.
(1) The Service Provider 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 U.S.C. 552a. Among other things, the Service Provider agrees
to obtain the express consent of the Federal Government before the Service Provider or
Page 12 of 22 EXHIBIT"C"
its employees operate a system of records on behalf of the Federal Government. The
Service Provider 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.
(2) The Service Provider 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.
CIVIL RIGHTS REQUIREMENTS
29 U.S.C. 623, 42 U.S.C. 2000
42 U.S.C. IBM, 42 U.S.C. 12112
42 U.S.C. 12132, 49 U.S.C. 6332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as
amended, 42 U.S.C. 2000d, section 303 of the Age Discrimination Act of 1975, as
amended, 42 U.S.C. 6102, section 202 of the Americans with Disabilities Act of 1990,
42 U.S.C. 12132, and Federal transit law at 49 U.S.C. 5332, the Service Provider
agrees that it will not discriminate against any employee or applicant for employment
because of race, color, creed, national origin, sex, age, or disability. In addition, the
Service Provider agrees to comply with applicable Federal implementing regulations
and other implementing requirements FTA may issue.
(2) Eaual Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed,. National Origin, Sex - In accordance with Title VI I of the Civil
Rights Act, as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. 5332,
the Service Provider agrees 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 cet., (which implement Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 1 1 246 Relating to Equal Employment Opportunity," 42 U.S.C. 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 Service Provider agrees 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 Service Provider agrees to comply with any implementing requirements
FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C. 5332, the
Service Provider agrees to refrain from discrimination against present and prospective
Page 13 of 22 EXHIBIT "C"
employees for reason of age. In addition, the Service Provider agrees to comply with
any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. 12112, the Service Provider 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
Service Provider agrees to comply with any implementing requirements FTA may issue.
(3) The Service Provider 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.
PATENT AND RIGHTS IN DATA
37 CFR Part 401
49 CFR Parts 18 and 19
The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix
A, Section 5, but the rights in data clause reflects FTA objectives. For patent rights,
FT/k is governed by Federal law and regulation. For data rights, the text on copyrights
is insufficient to meet FTA's purposes for awarding research grants. This model clause,
with larger rights ,as a standard, is proposed with the understanding that this standard
could be modified to FTA's needs.
CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH
WORK.
A. Rights in Data - This following requirements apply to each contract involving
experimental, developmental or research work:
(1) The term "subject data" used in this clause means recorded information,
whether or not copyrighted, that is delivered or specified to be delivered under the
contract. The term includes graphic or pictorial delineation in media such as drawings
or photographs; text in specifications or related performance or design -type documents;
machine forms such as punched cards, magnetic tape, or computer memory printouts;
and information retained in computer memory. Examples include, but are not limited to:
computer software, engineering drawings and associated lists, specifications,
standards, process sheets, manuals, technical reports, catalog item identifications, and
related information. The term "subject data" does not include financial reports, cost
analyses, and similar information incidental to contract administration.
(2) The following restrictions apply to all subject data first produced in the
performance of the contract to which this Attachment has been added:
(a) Except for its own internal use, the Purchaser or Service Provider may not
publish or reproduce subject data in whole or in part, or in any manner or form, nor may
the Purchaser or Service Provider authorize others to do so, without the written consent
of the Federal Government, until such time as the Federal Government may have either
released or approved the release of such data to the public; this restriction on
publication, however, does not apply to any contract with an academic institution. (b) In
accordance with 49 C.F.R. 18.34 and 49 C.F.R. 19.36, the Federal Government
Page 14 or22 EXHIBIT 'Ca
reserves a royalty -free, non-exclusive and irrevocable license to reproduce, publish, or
otherwise use, and to authorize others to use, for "Federal Government purposes," any
subject data or copyright described in subsections (2)(b)I and (2)(b)2 of this clause
below. As used in the previous sentence, "for Federal Government purposes," means
use only for the direct purposes of the Federal Government. Without the copyright
owner's consent, the Federal Government may not extend its Federal license to any
other party.
1. Any subject data developed under that contract, whether or not a copyright has
been obtained; and
2. Any rights of copyright purchased by the Purchaser or Service Provider using
Federal assistance in whole or in part provided by FTA.
(c) When FTA awards Federal assistance for experimental, developmental, or
research work, it is FTA's general intention to increase transportation knowledge
available to the public, rather than to restrict the benefits resulting from the work to
participants in that work. Therefore, unless FTA determines otherwise, the Purchaser
and the Service Provider performing experimental, developmental, or research work
required by the underlying contract to which this Attachment is added agrees to permit
FTA to make available to the public, either FTA's license in the copyright to any subject
data developed in the course of that contract, or a copy of the subject data first
produced under the contract for which a copyright has not been obtained. If the
experimental, developmental, or research work, which is the subject of the underlying
contract, is not completed for any reason whatsoever, all data developed under that
contract shall become subject data as defined in subsection (a) of this clause and shall
be delivered as the Federal Government may direct. This subsection (c), however,
does not apply to adaptations of automatic data processing equipment or programs for
the Purchaser or Service Provider's use whose costs are financed in whole or in part
with Federal assistance provided by FTA for transportation capital projects.
(d) Unless prohibited by state law, upon request by the Federal Government, the
Purchaser and the Service Provider agree to indemnify, save, and hold harmless the
Federal Government, its officers, agents, and employees acting within the scope of their
official duties against any liability, including costs and expenses, resulting from any
willful or intentional violation by the Purchaser or Service Provider of proprietary rights,
copyrights, or right of privacy, arising out of the publication, translation, reproduction,
delivery, use, or disposition of any data furnished under that contract. Neither the
Purchaser nor the Service Provider shall be required to indemnify the Federal
Government for any such liability arising out of the wrongful act of any employee,
official, or agents of the Federal Government.
(e) Nothing contained in this clause on rights in data shall imply a license to the
Federal Government under any patent or be construed as affecting the scope of any
license or other right otherwise granted to the Federal Government under any patent.
(f) Data developed by the Purchaser or Service Provider and financed entirely
without using Federal assistance provided by the Federal Government that has been
incorporated into work required by the underlying contract to which this Attachment has
been added is exempt from the requirements of subsections (b), (c), and (d) of this
clause, provided that the Purchaser or Service Provider identifies that data in writing at
the time of delivery of the contract work.
Page 15 or22 EXHIBIT "C
(g) Unless FTA determines otherwise, the Service Provider agrees to include these
requirements in each subcontract for experimental, developmental, or research work
financed in whole or in part with Federal assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing,
irrespective of the Service Provider's status i.e„ a large business, small business, state
government or state instrumentality, local government, nonprofit organization, institution
of higher education, individual, etc.), the Purchaser and the Service Provider agree to
take the necessary actions to provide, through FTA, those rights in that invention due
the Federal Government as described in U.S. Department of Commerce regulations,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part
401,
(4) The Service Provider also agrees to include these requirements in each
subcontract for experimental, developmental, or research work financed in whole or in
part with Federal assistance provided by FTA.
B. Patent Rights - The following requirements apply to each contract involving
experimental, developmental, or research work:
(1) General - If any invention, improvement, or discovery is conceived or first
actually reduced to practice in the course of or under the contract to which this
Attachment has been added, and that invention, improvement, or discovery is
patentable under the laws of the United States of America or any foreign country, the
Purchaser and Service Provider agree to take actions necessary to provide immediate
notice and a detailed report to the party at a higher tier until FTA is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing,
irrespective of the Service Provider's status (a large business, small business, state
government or state instrumentality, local government, nonprofit organization, institution
of higher education, individual), the Purchaser and the Service Provider agree to take
the necessary actions to provide, through FTA, those rights in that invention due the
Federal Government as described in U.S. Department of Commerce regulations,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part
401.
(3) The Service Provider also agrees to include the requirements of this clause in
each subcontract for experimental, developmental, or research work financed in whole
or in part with Federal assistance provided by FTA.
DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 23
DBE Policy- It is the policy of the Department of Transportation, hereinafter referred to
as DOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, shall
have the maximum 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 23 apply to this agreement.
Page 16 of 22 EXHIBIT T"
DBE Obligation - The grantees and its vendors agree to ensure that DBEs as defined in
409 CFR Part 23, have the maximum 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 grantees and vendors shall take all necessary
and reasonable steps in accordance with 49 CFR Part 23 to ensure that the DBE have
the maximum opportunity and shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of DOT -assisted contracts.
Disadvantaged Business Enterprise Provision
1. The Federal Fiscal Year goal has been set by the City of Fort Collins in an
attempt to match projected procurements with available qualified disadvantaged
businesses. the City of Fort Collins goals for budgeted service contracts, bus parts, and
other material and supplies for Disadvantaged Business Enterprises have been
established by the City of Fort Collins as set forth by the Department of Transportation
Regulations 49 C.F.R. Part 23, March 31, 1980, and amended by Section 106(c) of the
Surface Transportation Assistance Act of 1987, and is considered pertinent to any
contract resulting from this request for proposal.
If a specific DBE goal is assigned to this contract, it will be clearly stated in the Special
Specifications, and if the Service Provider is found to have failed to exert sufficient,
reasonable, and good faith efforts to involve DBE's in the work provided, the City of Fort
Collins may declare the Service Provider noncompliant and in breach of contract. If a
goal is not stated in the Special Specifications, it will be understood that no specific goal
is assigned to this contract.
(a) Policy - It is the policy of the Department of Transportation and the City of Fort
Collins that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, and as
amended in Section 106(c) of the Surface Transportation and Uniform Relocation
Assistance Act of 1987, shall have the maximum opportunity to participate in the
performance of Contract financed in whole or in part with federal funds under this
Agreement. Consequently, the DBE requirements of 49 CFR Part 23 and Section
106(c) of the STURAA of 1987, apply to this Contract.
The Service Provider agrees to ensure that DBEs as defined in 49 CFR Part 23 and
Section 106(c) of the STURAA of 1987, have the maximum opportunity to participate in
the whole or in part with federal funds provided under this Agreement. In this regard,
the Service Provider shall take all necessary and reasonable steps in accordance with
the regulations to ensure that DBEs have the maximum opportunity to compete for and
perform subcontracts. The Service Provider shall not discriminate on the basis of race,
color, national origin, religion, sex, age or physical handicap in the award and
performance of subcontracts.
It is further the policy of the City of Fort Collins to promote the development and
increase the participation of businesses owned and controlled by disadvantaged. DBE
involvement in all phases of the City of Fort Collins procurement activities is
encouraged.
(b) DBE obligation - The Service Provider and its subService Providers agree to
ensure that disadvantaged businesses have the maximum opportunity to participate in
the performance of contracts and subcontracts financed in whole or in part with federal
funds provided under the Agreement. In that regard, all Service Providers and
Page 17 of 22 EXHIBIT "C"
subService Providers shall take all necessary and reasonable steps in accordance with
49 CFR Part 23 as amended, to ensure that minority business enterprises have the
maximum opportunity to compete for and perform contracts.
(c) Where the Service Provider is found to have failed to exert sufficient reasonable
and good faith efforts to involve DBE's in the work provided, the City of Fort Collins may
declare the Service Provider noncompliant and in breach of contract.
(d) The Service Provider will keep records and documents for a reasonable time
following performance of this contract to indicate compliance with the City of Fort
Collins DBE program. These records and documents will be made available at
reasonable times and places for inspection by any authorized representative of the City
of Fort Collins and will be submitted to the City of Fort Collins upon request.
(e) The City of Fort Collins will provide affirmative assistance as may be reasonable
and necessary to assist the prime Service Provider in implementing their programs for
DBE participation. The assistance may include the following upon request:
• Identification of qualified DBE
* Available listing of Minority Assistance Agencies
• Holding bid conferences to emphasize requirements
2. DBE Program Definitions, as used in the contract:
(a) Disadvantaged business "means a small business concern":
i. Which is at least 51 percent owned by one or more socially and economically
disadvantaged individuals, or, in the case of any publicly owned business, at least 51
percent of the stock of which is owned by one or more socially and economically
disadvantaged individuals; and
ii. Whose management and daily business operations are controlled by one or
more of the socially and economically disadvantaged individuals who own it. or
iii. Which is at least 51 percent owned by one or more women individuals, or in the
case of any publicly owned business, at least 51 % of the stock of which is owned by
one or more women individuals; and
iv. Whose management and daily business operations are controlled by one or
more women individuals who own it.
(b) "Small business concern" means a small business as defined by Section 3 of
the Small Business Act and Appendix B - (Section 106(c)) Determinations of Business
Size.
(c) "Socially and economically disadvantaged individuals" means those individuals
who are citizens of the United States (or lawfully admitted permanent residents) and
States (or lawfully admitted permanent residents) and who are black Americans,
Hispanic Americans, Native Americans, Asian -Pacific Americans, Asian -Indian
Americans, or women, and any other minorities or individuals found to be
disadvantaged by the Small Business Administration pursuant to section 8(a) of the
Small Business Act.
Page 18 of 22 EXHIBIT T"
i. "Black Americans", which includes persons having origins in any of the Black
racial groups of Africa;
ii. "Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuba,
Central or South American, or other Spanish or Portuguese culture or origin, regardless
of race;
iii. "Native Americans', which includes persons who are American Indians,
Eskimos, Aleuts, or Native Hawaiians;
iv. "Asian -Pacific Americans", which includes persons whose origins are from
Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa,
Guam, the U.S. Trust Territories of Pacific, and the Northern Marianas;
V. "Asian -Indian Americans", which includes persons whose origins are from India,
Pakistan, and Bangladesh.
INTERESTS OF MEMBERS OF OR DELEGATES TO CONGRESS
No member of or delegate to the Congress of the United States shall be admitted to any
share or part of this Agreement or to any benefit arising therefrom.
PROHIBITED INTEREST
No employee, officer, or agent of the grantee shall participate in selection, or in the
award or administration of a contract if a conflict of interest, real or apparent, would be
involved. Such conflict would arise when:
The employee, officer or agent; any member of his immediate family; his or her partner;
or an organization which employs, or is about to employ, has a financial or other
interest in the firm selected for award. The grantee's officers, employees, or agents
shall neither solicit nor accept gratuities, favors or anything of monetary value from
Service Providers, potential Service Providers, or parties of subagreements.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.ID
Incorporation of Federal Transit Administration (FTA) Terms - The preceding
provisions include, in part, certain Standard Terms and Conditions required by DOT,
whether or not expressly set forth in the preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1 D, dated April 15, 1996,
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 Service Provider shall not perform any act,
fail to perform any act, or refuse to comply with any the City of Fort Collins requests
which would cause the City of Fort Collins to be in violation of the FTA terms and
conditions.
Attachment 1
BUY AMERICA REQUIREMENTS -49 U.S.C. 63230) - 49 CFR Part 661
A bidder or offeror must submit to the FTA recipient the appropriate Buy America
certification with all bids on FTA-funded contracts, except those subject to a general
waiver. Bids or offers that are not accompanied by a completed Buy America certification
must be rejected as nonresponsive. This requirement does not apply to lower tier
subService Providers.
Page 19 of 22 EXHIBIT "C"
Certification requirement for procurement of steel, iron, or manufactured
products.
Certificate of Non -Compliance with 49 U.S.C. 53236f)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C.53230)(1), but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(B)
or (j)(2)(D) and the regulations in 49 CFR 661.7.
Date
Signature
Company Name
Title
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Service Provider] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, 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, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein
has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L.
104-65, to be codified at 2 U.S.C. 1601, et seq .)]
(3) The undersigned shall require that the language of this certification 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 certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31, U.S.C,. 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
[Note: Pursuant to 31 U. S.C. 1 352(c)(1)-(2)(A), 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.]
The Service Provider, certifies or affirms
the
Page 20 of 22 EXHIBIT T"
truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,
the Service Provider understands and agrees that the provisions of 31 U.S.C. A 3801, et seq.,
apply to this certification and disclosure, if any.
Official
Official
Date
Signature of Service Provider's Authorized
Name and Title of Service Provider's Authorized
Page 21 of 22 EXHIBIT "C
EXHIBIT A
SCOPE OF WORK
The City of Fort Collins provides door-to-door specialized transportation services to the elderly
(aged 60 and over) and disabled citizens through the Dial -A -Ride program. This program,
administered by the Transfort Division, consists of Road Operations and Central Dispatch
components. The City is seeking a private Service Provider to provide Road Operations for
ambulatory and non ambulatory passengers under the following conditions:
For those passengers certified eligible to use the City of Fort Collins Dial -A -Ride.
Transportation will be provided to any and all locations that are within the designated
boundaries of the Urban Growth Area as shown in Attachment A.
The City may add additional trips including same day and overflow trips.
Dial -A -Ride intends to provide door-to-door paratransit services through the coordinated efforts
of a central ride reservation and a contracted service provider hereby referred to as the "Service
Provider".
The Service Provider shall work with Dial -A -Ride in order to maximize service efficiencies and
overall quality. Dial -A -Ride will be the point of contact for trip reservation. On a daily basis, the
Service Provider shall receive passenger trip requests with scheduled pick up times from Dial -A -
Ride. The Service Provider will create manifests and provide the requested trips.
SERVICE PROVIDERS' REQUIREMENTS
The selected Service Provider will have three (3) major responsibilities for the operation of this
proposal. They are:
1. To provide qualified, competent and courteous staff,
2. To provide safe, clean, comfortable and customer -friendly vehicles, and
3. To provide the necessary management and administration to meet the requirements of
this contract.
4. Return the vehicles provided by the City if the service is not provided for two years.
After the two year period vehicles may be used or disposed of at the discretion of the
Service Provider.
Dial -A-Ride/City has the following responsibilities under this contract:
1. Provide program management and direction,
2. Develop and provide to Service Provider all policies for service, and ensure that
appropriate procedures are developed to implement them,
3. Define service standards and performance criteria,
4. Set fares and fare policy,
5. Determine passenger's eligibility for use of services,
6. Take ride reservations, and
7. Provide the Service Provider with a master copy of all forms needed for reporting
necessary information to the City.
B. Give the Service Provider the following 4 vehicles:
Certification of Drug and Alcohol Testing
The Service Provider agrees to establish and implement a drug and alcohol testing
program that complies with 49 CFR Parts 653 and 654, produce any documentation
necessary to establish its compliance with Parts 653 and 654, and permit any authorized
representative of the United States Department of Transportation or its operating
administrations, the State Oversight Agency of Colorado, or the City of Fort Collins, to
inspect the facilities and records associated with the implementation of the drug and
alcohol testing program as required under 49 CFR Parts 653 and 654 and review the
testing process. The Service Provider agrees further to certify annually its compliance
with Parts 653 and 654 before February 1, 2004 and to submit the Management
Information System (MIS) reports before February 19, 2004 to the Safety Training
Supervisor, 6570 Portner Rd. Fort Collins, CO 80525. To certify compliance the Service
Provider shall use the "Substance Abuse Certification" in the "Annual List of
Certifications and Assurances for Federal Transit Administration Grants and Cooperative
Agreements", which is published annually in the Federal Register.
Signature of Service Provider's Authorized Official
711. fts&< E . //01011y
Name and Title of Service Provider's Authorized Official
% 1 p$
Dat
Page 22 of 22 EXHIBIT "C"
Drug -Free Workplace Act Compliance
Pursuant to Public Law 100-690, Title V, Subtitle D, the Drug -Free Workplace Act of
1988 (the "Act"), the Service Provider must certify that it will provide a drug -free
workplace and have an ongoing drug -free awareness program.
Service Provider must certify a drug -free workplace.
Service Provider must publish and distribute a written policy on substance abuse that
notifies employees that the unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the workplace.
Service Provider must establish an on -going, drug -free workplace.
Service Provider must establish an employee education program that informs the
employees of the dangers of drug abuse and about the possible penalties for drug abuse
violations.
Service Provider must require that each employee notify the Service Provider within five
days of any criminal drug statute conviction for a violation occurring in the workplace.
Service Provider is required to notify the City of Fort Collins within ten days of receiving
notification from the employee.
Service Provider is required within 30 days following a conviction, to impose sanctions
on the employee. The sanctions include (1) appropriate personnel action or (2) the
employee's satisfactory participation in a rehabilitation program.
The Service Provider, Shamrock Taxi of Fort Collins, Inc., certifies or affirms that it
operates a drug -free work place. And will comply with the provisions of Public Law 100-
690, Title V, Subtitle D, the Drug -Free Workplace Act of 1988 (the "Act").
Signature of Service Providers Authorized Official
' "VkK9V S 6. Yy YWIA In N
Name and Title of Service Provider's Authorized Official
!/t 3LO6
Date
Page 23 of 22 EXHIBIT "C"
#20400 — 2000 Ford E350 (vin# 1 FTSS34MOYHB72429)
#2661 —1999 Ford Braun Van (v1n#1 FTSS34Z6XHC15987)
#2662 —1999 Ford Braun Van (vin#1 FTSS34Z4XHC15986)
#2663 — 1999 Ford Braun Van (vin#1 FTSS34Z2XHC15985)
System Operating Standards
Each of the operating standards will be deemed material, a breach of which may result in the
City of Fort Collins declaring the Service Provider in default of the contract. The Service
Provider will provide all services in accordance with Transfort/Dial-A-Ride policies and
procedures and in accordance with the following service operating standards:
1. The Service Provider will provide door-to-door service. All drivers will offer assistance
from the door of the pick up location to the vehicle and from the vehicle to the door of the
drop off location.
2. Drivers will not leave a vehicle unattended with passengers on board, except in the case
where the driver leaves the vehicle to assist another passenger. In that event, the
vehicle shall be safely parked with the motor turned off and the ignition keys removed.
3. Drivers must exhibit friendly customer relations at all times. Rude or inappropriate
behavior by operators will not be tolerated.
4. There shall be no smoking in vehicles at any time by either passengers or drivers.
The clientele being served are extremely susceptible to the effects of second-hand
smoke and odors created by smoke from tobacco products.
5. The Service Provider shall ensure that every trip request is scheduled and the trip is
provided in order to maintain a 0% denial rate. In the event that the Service Provider is
unable to maintain a 0% denial, the Service Provider must contact Dial -A -Ride dispatch
immediately.
Acceptable deviation from scheduled pick-up time: +/-15 minutes
The driver is obligated to arrive at the pick-up location within 15 minutes either side of
the scheduled pick-up time. The Service Provider will maintain this operating standard
at or above a 90% level and report compliance on a monthly level. The Service Provider
will be obligated to arrive at the first pick-up of the day and the first pick-up after a
scheduled lunch break before the scheduled center time. The Service Provider will
maintain this standard at or above a 98% level.
Maximum time vehicle is required to wait for a rider: 5 minutes
Upon arrival at the passenger's pick-up location, and after making an attempt to contact
the passenger, the driver is obliged to wait five minutes for the passenger. Any special
requests for additional waiting time will be noted on the passenger manifest.
If the passenger does not appear for boarding within that time, the vehicle may leave
and record the passenger as a no-show. All no-shows should be immediately
communicated to the Service Provider's dispatch, who in turn shall communicate that to
the Dial -A -Ride dispatch office immediately. In the event that the driver records a no-
show, the driver shall indicate on the log the time of arrival and time of departure from
the location.
8. Maximum riding time on vehicles: 1 hour
The maximum time any rider shall be required to spend on board a vehicle shall be one
(1) hour. The Service Provider will not schedule manifests that do not meet this
standard and the Service Provider shall adhere to this standard during its operations. If
ridership demands exceed the Service Providers capabilities in scheduling to maintain
this standard, the Service Provider will immediately notify Dial -A -Ride.
PERSONNEL REQUIREMENTS:
Driver Pre -hire Qualifications
➢ DMV RECORD CHECK: The Service Provider will perform a Department of Motor
Vehicles (DMV) records check for all prospective drivers prior to but no more than 30
days before, date of hire. For existing staff, a current DMV record (within the past 365
days) must be on file. If a driver was, or is, found to be at fault for any incident that
would prohibit that driver from maintaining a Commercial Driver's License, whether or
not the driver holds one, the driver is no longer eligible to perform duties under this
contract. Failure to immediately remove an ineligible driver from driving duties may be
considered breach of contract. Service Provider will conduct DMV record checks on all
drivers annually and provide the City with copies of the report.
➢ CRIMINAL HISTORY: The Service Provider must obtain a criminal history background
check on all present and prospective personnel who will be assigned to driving duties
under this contract prior to but not more than 30 days before date of hire. All drivers will
have a clean criminal history with no felony convictions. Other misdemeanor criminal
convictions that would disqualify an employee include, but are not limited to:
• Any offense that requires registration of a sex offender
• Any driving under the influence of drugs or alcohol violation within the past 3
years
• Any offense of violence by a person in a position of trust.
The Service Provider will make all criminal background checks for all drivers who
perform duties under this contract available to the City.
DRUG TESTING: All safety -sensitive applicants are required to abide by the City of Fort
Collins Transit Substance Abuse Policies and Procedures, which includes submitting to
a pre -employment drug test. Employees will be tested for those controlled substances
specified in the Procedures for Transportation Workplace Drug Testing Program (49
CFR Part 40).