HomeMy WebLinkAboutAddenda - RFP - P1145 PARATRANSIT SERVICESFIRST AMENDMENT TO PARATRANSIT SERVICES AGREEMENT
THIS FIRST AMENDMENT TO SERVICES AGREEMENT ("Amendment') is
made and entered into this _ day of December, 2010 by and between THE CITY OF
FORT COLLINS, COLORADO, a municipal corporation ("City") and Veolia
Transportation on Demand, Inc. hereinafter referred to as ("Service Provider").
RECITALS
On February 6, 2009, the parties entered into that certain Services Agreement
("Agreement') by which the Service Provider agreed to provide Dial -A -Ride services for
the City.
The parties, for good and valuable consideration the receipt of which is hereby
acknowledged, now wish to amend the Agreement to revise the Scope of Services and
the Contract Sum contained in the Agreement and agree as follows:
1. Scope of Services. Exhibit "A" to the Agreement is hereby replaced with the
attached "Exhibit A-1" consisting of fifty eight (58) pages and incorporated herein by this
reference.
2. Section 5 Contract Sum. Exhibit "B" to the Agreement is hereby replaced with the
attached Exhibit "B-1" consisting of two (2) pages, and incorporated herein by this
reference.
3. The agreement remains in full force except as amended herein. No other terms of
the Agreement are amended or modified by this Amendment.
Signatures on the following page.
up could be negotiated as late as 7:15 pm in this
situation.
2.2.6.3 Negotiations must be offered and documented using tracker actions on
the trip request itself noting the employee name, date called, time called,
and the information offered.
2.2.6.4 Valid negotiations that are refused by the client will be marked booking
subtype: REFUSAL and a tracker action must be created with the reason
the client gave for the refusal.
2.2.6.5 Negotiations must only be offered once and no later than one day before
the day of the requested trip except if the trip request was made on a
Sunday or holiday between 8:00 am and 5:00 pm. In these cases,
attempts may be made to make negotiations on the day of service;
however, if the negotiation is not acceptable to the client for any reason,
the original request time must be honored.
2.2.7. The Service Provider may not accept same -day trip requests except under the
following criteria:
2.2.7.1 It is a trip that was called in during the previous non -service day (i.e.
Sundays, holidays as noted above)
2.2.7.2 It is a trip that was an earlier no-show and the client is not at their home.
2.2.7.2.1 Clients who were a no show at their residence will not
have their trip rescheduled for the same day
2.2.7.3 It is a trip that was an earlier medical delay. Medically delayed trips
must have their return rescheduled within two (2) hours of the call stating
they are ready provided they are available for return during regular
service hours
2.2.7.4 The trip was not honored due to Call Center staff error
2.2.7.5 It is by order of Project Manager
2.2.8 The Service Provider may not, under any circumstance prioritize trips by trip
purpose, location, ethnicity, age, gender or any other demographic measurements
2.2.9 The Service Provider will provide space for those clients who require a Personal
Care Attendant (PCA) as noted in their client file upon client request.
2.2.9.1 Service Provider will not allow PCA's for those clients who have not
been authorized PCA in their client file unless directed by Project
Manager
2.2.10 The Service Provider will schedule space for at least one full fare paying guest
(in addition to PCA if applicable) and will make space for as many guests as the
client requests as is deemed reasonable.
2.2.10.1 While this number can not be assessed, a reasonable example may be to
add three total guests if the trip could be accommodated without
displacing another client trip request. However, an example of an
unreasonable request may be if the client requests that five (5) guests be
transported thereby requiring a separate vehicle in order to accommodate
the trip.
2.2.1 1 The Service Provider will take token/ticket orders from clients by phone and will
distribute token/ticket orders on the client's next scheduled trip (next day
service).
2.2.11.1 The Service Provider will accept no more and no less than the value of
the token/ticket order
2.2.11.2The Service Provider will ensure accurate accounting of token/ticket
order transactions
2.2.12 The Service Provider will maintain accurate records of all driver fare
reconciliation. The format must be approved by the Project Manager and will be
available to the Project Manager within two (2) hours of request.
2.2.13 The Service Provider will maintain confidentiality of all trip records and client
information. Any use of client information for purposes other than contractual
obligation will be grounds for breach of contract and prosecution of criminal
charges will be pursued. In addition, client and/or trip information will not be
given to any entity other than the client except in situations where a client has a
designated provider who has authorization to manage their trips.
2.3 Daily Dispatching
2.3.1 Dispatchers will ensure that drivers are collecting proper fares and proper
accounting as trips occur using Trapeze PASS — Schedule Editor and Trapeze .
PASS MON-MDT Centre
2.3.2 Dispatchers will ensure that drivers are arriving and performing properly at all
designated locations
2.3.3 Dispatchers will reschedule clients who have been medically delayed or who
have had a no-show trip that did not originate at their home.
2.3.4 Dispatchers will monitor driver performance to ensure there are no dropped or
missed trips.
2.3.5 Dispatchers will only authorize no shows and cancels at the door if the driver has
waited five (5) minutes at the location of the pick up as shown by AVL tracking
and in accordance with the time stamp in the "Actual Arrive" field in Schedule
Editor. Dispatchers will make at least one attempt to contact the client by phone
provided the information is available. Tracker action must be assigned with
details of the interaction.
2.3.6 Dispatchers will assign trips where the client called in less than one (1) hour of
the trip reservation as a late cancelation. Tracker action must be assigned with
details of the interaction.
4
2.3.7 Dispatchers will actively review driver schedules throughout the service day
2.3.7.1 Dispatchers will move trips to ensure excellent on -time performance.
2.3.8 Service Contract Manager will actively review trends of missed trips, late and/or
early arrivals to ensure the following:
2.3.8.1 There are no trends of inadequate staffing and/or poor scheduling during
any recurring day of week and/or time period
2.3.8.2 There are no trends of poor on -time performance by driver
2.3.8.3 There are no trends of poor scheduling performance by scheduler
2.3.8.4 There are no trends of poor dispatching performance by dispatcher
2.3.8.5 There are no trends of inaccurate information relayed by customer
service agents/call takers
2.3.9 Service Contract Manager will actively monitor data to ensure that staff does not
change data without valid reason under any circumstances. All data edited must
also be accompanied by tracker actions marking the reason for the change as well
as a summarized monthly report accounting for changes made.
3.0 ON ROAD OPERATIONS
Performance Standards
3.1 Use of Mobile Data Computers (MDC)
3.1.1 The City shall provide the Service Provider with a copy of the MDC policies
manual. Drivers shall adhere to all policies and procedures relating to the use of
the MDC. Drivers shall push the "arrive" button when arriving to a location.
They shall push the "perform" button when departing from a location. Drivers
shall push "NS" button to request authorization thru Service Provider Dispatch in
order to request a "No -Show".
3.1.2 All City trips performed by the Service Provider shall occur on vehicles
designated with MDC units. In the event that the Service Provider is unable to
perform a trip on a designated vehicle, Service Provider shall request
authorization from Project Manager prior to performing the trip. There shall be
no recurring trend of inability to perform trips on MDC-equipped vehicles. In
the event that an occasional trip is performed by paper manifest, the Service
Provider shall use forms provided by the City to record all pertinent information
and submit the forms to The Project Manager on the next business day.
Complete documentation detailing why the trip was not performed on an MDC-
equipped vehicle shall accompany any such trips.
3.2 Acceptable deviation from scheduled pick-up time: +/- 15 minutes
3.2.1 The driver is obligated to arrive at the pick-up location within 15 minutes of
either side of the scheduled pick-up time. The Service Provider shall maintain
this operating standard at or above a 90% level on a monthly basis with no trends
of on -time violations due to time period, date interval, client, driver and/or
scheduler.
3.2.2 Any pick-up time is considered outside the window if the driver arrives earlier
than 15:00 minutes prior to the scheduled pick-up time or if the driver arrives at
or later than 15:01 minutes after the scheduled pick-up time. In the event that a
client has a scheduled appointment time, the driver shall not drop-off the client
later than their scheduled drop-off appointment time. The Service Provider shall
be obligated to arrive at the first pick-up of the day and the first pick-up after a
scheduled break before the scheduled center time. In the event that arriving at
the beginning of the window would disrupt a group trip situation, the driver shall
pick-up their client as per the estimated pick-up time on the MDC/Schedule
Editor.
3.3 Required wait time for clients: 5 minutes
3.3.1 Upon arrival at the client's pick-up location and after making an attempt to
contact the client, the driver is obligated to wait five minutes at that location.
Any special requests for additional wait time shall be relayed to the Service
Provider Dispatch center via MDC as defined in section 8 of "Paratransit
Operating Standards".
3.3.2 Once the "No -Show" request button has been activated, the client has not
appeared for boarding within the five minute wait period and Dispatch has
authorized a "No -Show", the vehicle shall depart to the next pick-up. Dispatch
will not authorize a "No -Show", "Cancel at the Door" or "Medical Delay" until
the driver has been there for the complete five minute wait period. "No -Shows"
and "Cancel at the Doors" are not charged against the client if the wait period
began outside the acceptable 15 minute deviation from the scheduled pick-up
time.
3.4 Authorized Changes to Schedule
3.4.1 All changes to the client schedule shall be pre -authorized by the Service Provider
Dispatcher and appropriately logged; additional legs of trips will not be added as
per the "Same -Day" requests section.
3.5 Maximum riding time in vehicles: 1 hour
3.5.1 The maximum time any client shall be required to spend on board a vehicle shall
be one (1) hour. In addition, riding times must not exceed twice the length of a
similar trip which could be taken on fixed route transportation. For example, if a
passenger wishes to take a trip on paratransit that could be performed on fixed
i
route service in 15 minutes, the total trip length on paratransit must not be greater
! than 30 minutes. The Service Provider shall not schedule manifests that do not
meet this standard and the Service Provider shall adhere to this standard during
its operations. If the Service Provider is unable to maintain this standard, the
Service Provider shall immediately notify the City.
3.6 No "Hostage -Time"
3.6.1 The Service Provider may not have clients on board during slack time or driver
break time ("Hostage Time"). The Service Provider may only keep clients on the
bus and waiting while the driver is performing revenue service. See
following 2 examples of "Hostage Time":
Example A
The driver has client "A" on board. They proceed to pick-up client "B" who has
a scheduled pick-up time of 10:00 am. The window does not open until 9:45 am.
The driver arrives at 9:35 am and waits for 10 minutes to contact client "B".
This 10 minute wait is considered "Hostage Time"; which is not permitted.
Example B
The driver has a client on board at 1:00 pm. The driver decides that he/she has
not had a break all day and tells the client that he/she needs to stop and pick-up
lunch. The driver keeps the client on board while he/she conducts personal
business; such as making a purchase'or consuming their lunch. All time where
the client was waiting for the driver to complete his/her personal business is
considered "Hostage Time"; which is not permitted.
Drivers will not use cell phones, use cell phone text messages or blue tooth
devices while performing any City revenue service trips.
3.7 Drivers will wear a uniform to be approved by the Project Manager. Uniforms will
be maintained in good repair and have a neat appearance while in service. Drivers
will wear a badge with their photo on the badge that is in plain view at all times
while in service.
4.0 PERSONNEL REQUIREMENTS:
4.1 Driver Pre -hire Qualifications
4.1.1 DMV Record Check
4.1.1.1 The Service Provider shall 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) shall 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
shall conduct DMV record checks on all drivers annually and provide the
City with copies of the report.
4.1.2 Criminal History
4.1.2.1 The Service Provider shall perform a criminal history background check
on all present and prospective employees and/or independent contractors
who shall be assigned to driving duties under this contract prior to, but
not more that 30 days before, date of hire. All drivers shall have a clean
criminal history with no felony convictions. Other misdemeanor
criminal convictions that would disqualify an employee include, but are
not limited to:
4.1.2.1.1 Any offense that requires registration of a sex offender
4.1.2.1.2 Any driving under the influence of drugs or alcohol
violation within the past 3 years
4.1.2.1.3 Any offense of violence by a person in a position of
trust.
4.1.3 The Service Provider shall make all criminal background checks for all drivers
who perform duties under this contract available to the City.
4.1.4 Substance Abuse
4.1.4.1 The Service Provider is required to abide by the City of Fort Collins
Transit Substance Abuse Policies and Procedures in compliance with
FTA regulations and 49 CFR Part 655 (Attachment B - can be
viewed as a separate document).
4.2 The Service Provider shall provide education to safety -sensitive employees and/or
independent contractors, perform all required tests maintain records and submit reports in
compliance with the Substance Abuse policy and 40 CFR Part 655. The Service Provider
shall also comply with all policy changes when notified of such by Transfort / Dial -A -
Ride. Education and testing records shall be maintained and made available for review
by the City or any other person or entity so authorized by law. Failure to maintain
compliance with these substance abuse regulations may result in an immediate
termination of this contract.
4.3 Within ten (10) days prior to the renewal of the Contract, the Service Provider shall
furnish the City with all information required by the City to document that the
employees and/or independent contractors meet all requirements of the contract. The
City reserves the right to disqualify any driver from performance of service under this
contract.
5.0 TRAINING
Service Provider shall maintain a comprehensive training program for all of its employees and/or
independent contractors who provide service under this contract. The training program shall
ensure that employees and/or independent contractors who provide service under this contract are
trained in accordance with all municipal, county, state and federal regulations.
5.1 Training Curricula: The comprehensive training program shall include, but not be
limited to the following:
5.1.1 Passenger Service and Safety (PASS) certification
5.1.2 Defensive Driving
5.1.3 Substance Abuse (minimum of one hour training)
5.1.4 Reasonable Suspicion Training for Substance Abuse (minimum of two hour
5.1.5 training, Supervisors only).
5.1.6 Sexual Harassment Prohibited
5.2 Trainers: Trainers of Passenger Service and Safety (PASS) and Defensive Training
shall be certified instructors. These certifications shall be kept current during the contract
period. The Service Provider shall maintain a record of each trainer's name and
certifications, as well as a copy of each certification.
5.3 Development of Training Plan: The Service Provider shall provide all employees
and/or independent contractors assigned to duties under this contract the above -listed
training. The Service Provider shall provide the City with the name of the person
responsible for managing the Training Program and describe 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.
5.4 Training Records: Service Provider shall maintain a training record which notes each
driver's training including the date, time, training location, trainer's name, 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.
6.0 OTHER REQUIREMENTS:
6.1 Each driver shall possess and maintain a valid Colorado driver's license as required by
law.
6.2 Service Provider shall supervise drivers and monitor their performance. Any driver
found to be jeopardizing the safety of a Dial -A -Ride passenger shall be immediately
removed from provision of service under this contract. Failure to do so is grounds for
immediate cancellation of this contract.
6.3 Service Provider is required to maintain a list of qualified substitute drivers so that
absenteeism does not affect service provision.
6.4 Service Provider is required to maintain a Driver Qualification File, as per Federal Motor
6.5 Carrier Safety Regulations, for each employee who possesses a Commercial Driver's
License and performs duties under this contract.
6.6 A roster of all drivers who will be performing service through the Dial -A -Ride program
shall be kept current and provided to the City. This roster shall include the drivers' first
and last name as well as any qualifications such as certification for the use of lift -
equipped vehicles.
6.7 Service Provider will be required to comply with the City of Fort Collins Personnel
Policies and Procedures 8.4; Computer Security and Acceptable Use and 8.5; Personal
Use of Equipment and Supplies (Attachment C - can be viewed as a separate document).
7.0 FLEET MANAGEMENT
7.1 The Service Provider is required to:
7.1.1 Provide all necessary vehicles to provide service for ambulatory and non -
ambulatory passengers,
7.1.2 Maintain vehicle records to include pm service intervals, history, checklists, and
repairs from daily vehicle inspection defects. Maintain all ADA equipment
according to the manufacturer's guidelines. PM services should be performed
within 10% of the scheduled interval.
7.1.3 Maintain all MDC related equipment in good working order and maintain proper
connectivity,
7.1.4 Maintain proper insurance (see Insurance section of this RFP),
7.1.5 Provide necessary fuel, spare parts and supplies at the Service Providers expense,
and
7.1.6 Provide necessary maintenance for two-way radios.
7.1.7 Notify the Project Manager when adding or removing vehicles from service
under this contact.
7.1.8 Provide a maintenance facility with the proper tools and equipment needed to
safely maintain the fleet. The facility, equipment, and vehicle records will be
available for inspection by City staff upon request.
7.2 The Service Provider shall provide all vehicles and, at its cost, shall ensure that all
vehicles meet the following standards:
7.2.1 Provide sufficient, safe and suitable vehicles capable of meeting all service
requirements. Service Provider supplied vehicles need not be new; however,
vehicles shall meet all other criteria to be suitable to accomplish the objectives
indicated.
7.2.2 The Service Provider shall have an adequate spare vehicle ratio and an
established procedure to provide backup vehicles immediately as needed.
7.2.3 Each vehicle shall have functioning and adequate air-conditioning and heating
for passenger comfort. Such systems shall be maintained in good working order.
7.2.4 Each vehicle shall have a functioning two-way radio.
7.2.5 Each vehicle shall have a functioning MDC with both Data and Automatic
Vehicle Locator (AVL) antennae intact.
7.2.6 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.
7.2.7 Vehicles shall have a minimum capacity of 3 passengers. Vehicles shall also
have sufficient cargo space for walkers, canes, 4 bags of groceries, etc.
7.2.7.1 In addition, there shall be sufficient wheel chair accessible vehicles
provided in order to transport non -ambulatory passengers. Non -
ambulatory passengers may account for up to 1 /3 of all ridership during
all service hours.
7.2.8 Wheel chair accessible vehicles shall have no less than four (4) wheelchair
securements and must meet approval by the City prior to use. Securements per
wheel chair space shall also contain approved lap and shoulder belts.
7.2.9 Wheelchair securements shall be kept clean and in good repair and are subject to
inspection by City maintenance staff.
7.2.10 The Service Provider shall perform a daily inspection of all vehicles, preventive
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.
7.2.11 Each vehicle shall be equipped at a minimum with an approved fire extinguisher,
emergency reflective triangles and an approved biohazard kit.
7.2.12 All vehicles shall have company identified and include DOT and PUC markings
when appropriate.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By R 0 "�L
Ja es B O'Neill II, CPPO, FNIGP
Dire for f Purchasing and Risk Management
� r P, LU.N J Date: r 2 l 1 y I t
ST: .
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A P P R • • RM:'
Assistant Vfy Attorney
ATTEST:
CORPORATE SECRETARY
Veolia Transportation on Demand, Inc.
P R I NA E
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CORPORATE PRESIDENT OR VICE PRESIDENT
Date:—) 9,\- a. - D
(Corporate Seal)
7.2.13 Each vehicle shall be appropriately registered, licensed, and insured in the State
of Colorado and shall comply with all re -inspection requirements. Each vehicle
shall comply with all requirements of the State of Colorado and the Front Range
emission standards. All vehicles shall be inspected periodically by the City.
7.2.14 Vehicles assigned to revenue service under this contract may not be used to
perform other work at the same time (i.e. Service Provider may not place non -
Dial -A -Ride passengers with Dial -A -Ride passengers).
7.2.15 The Service Provider shall provide a current roster of all vehicles being utilized
For revenue service in the Dial -A -Ride program. This roster shall contain a
listing of ambulatory and non -ambulatory seating capacity. The Service Provider
shall notify the City of any changes to this roster.
8.0 GENERAL ADMINISTRATION
The Service Provider is required to:
8.1 Operate the designated system according to the City of Fort Collins Dial -A -Ride
operating policies and procedures,
8.2 Provide service in a manner which shall maximize safety and customer service,
8.3 Meet with the City on a regularly scheduled basis (weekly) to assess service performance
and discuss any operational issues. The City may schedule additional meetings as
operational needs arise,
8.4 Investigate all complaints and provide the City with a monthly report,
8.5 Report all collisions, passenger injuries and incidents to the Project Manager (970-224-
6196) within 24 hours of occurrence and provide the City of Fort Collins with a complete
and written report ("Investigating Supervisor's Collision / Passenger Injury Report";
(Attachment D) within 3 business days of the occurrence,
8.6 Should an emergency occur in the city, regionally, or countywide requiring transportation
of City residents, it is expected that the Service Provider shall cooperate with the
evacuation under the command of the City of Fort Collins' Office of Emergency
Management and direction of Transfort / Dial -A -Ride . A reimbursement rate is set at
$35/hour for the services provided.
8.7 Cooperate with any marketing activities established by the City and distribute rider
service information as required.
8.8 Provide timely and priority communication to the Project Manager regarding vehicle and
driver availability, schedule adherence and any other operational issues,
8.9 Have a suitable motor pool and maintenance facility for the provision of road services.
8.10 Comply with the rules of Liquidated Damages as outlined in the "Assessed Liquidated
Damages List and Fee Schedule"
9.0 COLLISION, PASSENGER INJURY AND INCIDENT REPORTING
9.1 Collision: A collision is defined to include any contact between a Service Provider's
vehicle and another moving or stationary object or pedestrian while a Dial -A -Ride client is
entering, leaving or in said vehicle.
9.2 Passenger Injury: A passenger injury is defined to include any time a Dial -A -Ride
passenger is hurt or suspected of being hurt 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 and/or independent contractors.
9.3 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.
9.4 All collisions and incidents shall be reported to the City within 24 hours, by contacting
Transfort/Dial-A-Ride Dispatch at (970) 224-6196. Any serious incidents resulting in
injury and/or persons are transported to a hospital shall be reported verbally to the
City immediately. As noted in "General Administration, Section 5", a complete and
written report shall be submitted within 3 business days, utilizing the "Investigating
Supervisor's Collision / Injury Report" form (Attachment D). Reports may be
submitted in either electronic or hard copy form, to the City of Fort Collins Safety &
Training Supervisor.
9.5 The Service Provider shall provide the City with a detailed explanation of its procedures
for the following:
9.5.1 Vehicle collision/passenger injury response
9.5.2 Collision/Injury Investigation
9.5.3 Determination of Preventability
10.0 GENERAL RECORD KEEPING REQUIREMENTS
The Service Provider is required to:
10.1 Schedule rides and provide a copy of required documentation of additional trips as per
"Paratransit Operating Standards, Section 11"
10.2 Collect, reconcile, and report all fares to Dial -A -Ride (See "Revenues" section)
10.3 Recordkeeping, as well as responses to the City of Fort Collins communications, shall be
10.4 facilitated in a responsible manner. All responses to requests for information made by
the City of Fort Collins shall be submitted within 3 business days unless otherwise
specified.
10.5 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 shall be maintained in an up-to-date manner and
available for review upon request by the City of Fort Collins. If reports are late or data
incomplete, the payment due to the Service Provider shall be withheld until such time as
there is proper compliance.
11.0 REVENUES:
11.1 The fare system shall be determined by the City of Fort Collins and administered by the
Service Provider per City guidelines.
11.2 There shall be no solicitation or acceptance of tips.
11.3 Fares shall be documented on forms approved by the City and the Service Provider shall
be accountable for all fares collected. Fare discrepancies shall be logged by drivers thru
the use of the MDC. As stated in "General Recordkeeping Requirements", fare -
collection reports shall be submitted to the City on the next business day and shall
include a detailed explanation for any fare discrepancies.
11.4 All trips will require a fare except for trips which qualify for funding. See "Trip Funding
Document".
11.5 Fares shall be collected by the Service Provider, summarized and subtracted from the
"amount due" on the monthly invoice to Transfort/Dial-A-Ride.
11.6 The Service Provider shall provide the Project Manager with a written copy of its
administrative procedures to account for fares collected by its drivers.
11.7 The Service Provider shall be responsible for the sale of tokens/tickets and collecting
revenue for such sales.
11.8 The City Auditor(s) may at any time during the contract period change these
requirements as he/she deems necessary to ensure adequate controls are in place to
protect the interests of the City of Fort Collins.
12.0 DAILY RECORDS
12.1 The Service Provider shall record daily the following information on City approved
forms to be submitted on the next business day:
12.2 Any non-MDC trip manifests shall be submitted to Dial -A -Ride
13.0 WEEKLY RECORDS
The Service Provider shall record weekly the following information on City approved reporting
forms:
13.1 Complaints:
13.1.1 Report shall log the Feedback ID number assigned by the City
13.1.2 Report shall log each complaint and provide a brief description of each
13.1.3 Report shall include Service Provider's employee name
13.1.4 A summary of the investigation determination including the findings
13.1.5 Summary of the resolution of each complaint
13.1.6 Service Provider shall ensure that there is no more than one (1) complaint per
1,000 revenue hours performed
14.0 MONTHLY INVOICE & SUMMARY
14.1 By the 51h calendar day of each month, the Service Provider shall provide Transfort/Dial-
A-Ride with a Service Data Summary and monthly invoice for each component of
service for the previous month. Transfort/Dial-A-Ride shall provide the forms for
monthly invoices. This shall include but is not limited to the following:
14.1.1 Total number of individual trips, by type: ambulatory and non -ambulatory.
14.1.2 Summary of monthly accidents/passenger injuries.
14.1.3 Summary of monthly complaints.
14.1.4 Summary of monthly fares collected
14.1.5 Monthly invoice must subtract total fares due from the total trip charges
14.2 The City reserves the right to request that the Service Provider submit additional
information when necessary. For all information requests that do not have assigned
deadlines per the contract, the Service Provider shall respond to requests for additional
information within seven (7) calendar days.
14.3 The City of Fort Collins receives funding to operate the service under grants issued by
the State and Federal governments. Therefore, the Service Provider shall 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 necessary.
14.4 The Service Provider shall 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 Project Manager or his/her designee.
15.0 ASSESSED LIQUIDATED DAMAGES LIST AND FEE SCHEDULE
In an effort to comply with the Americans with Disabilities Act of 1990 (ADA) and to provide a
high level of service, the City has developed the following schedule for the assessment of
liquidated damages (LD). The following rules will apply to the assessment of liquidated
damages:
15.1 Assessing Liquidated Damages
15.1.1 Each potential LD will be reviewed on a case by case basis prior to an LD being
assessed. As City staff recommends LD's, the Project Manager will review the
alleged violations with the processes outlined within the contract and make a
final decision on whether or not an LD will be assessed.
15.2 Amnesty Period
15.2.1 LD's will be assessed as needed during the first 180 days after the inception of
the contract. The appropriate notice will be given of these damages as outlined
in this document. However, in an effort to bring Service Provider in compliance
with the expectations of this contract, ,charges for these damages will be waived
during this 180 day period.
15.3 Routine Audits and Checks
15.3.1 Road Services
15.3.1.1 Project Manager will conduct random checks of road operations using
City staff to monitor trip performance. These checks may occur at a rate
of between .2% and .5% of total client trips for the previous service
month. At the time of the check, the City staff member will identify him
or herself to the driver, require the driver to sign a completed "Road
Check" form and inform the driver of any LD's that are being
recommended. The driver must comply with this process. The Project
Manager or designee will contact the Service Contract Manager within
24 hours of issuance of any LD's resulting from the random check.
Service Provider shall respond within five days of receipt of the notice of
assessment of liquidated damages. Service Provider shall have an
opportunity to demonstrate to the Project Manager that it made all
reasonable efforts to comply with its contractual obligations and that its
failure to comply was due to circumstances beyond the control of Service
Provider or any other person for whom Service Provider is legally or
contractually responsible. On the basis of such a demonstration, the
Project Manager reserves the right to reduce or waive the liquidated
damages at issue.
15.4 Call Center
15.4.1 Project Manager will do periodic and random checks of data accuracy, call taking
processes and ADA compliance at his/her discretion. Monitoring periods may be
by remote review of phone calls, in -person monitoring and will be as long
as is necessary in order to conduct the audit processes. In addition, Project
Manager will ask to pull records for various accounting and performance
processes as dictated by the contract.
15.5 Safety and Training
15.5.1 Records of the driver and personnel qualifications, compliance, safety and
training specifically outlined in this contract will be audited randomly and upon
request by the Transfort Safety and Training Supervisor and/or Project Manager.
At least one hour notice will be given to Service Contract Manager. It should be
understood by both parties that State and Federal law prohibits the sharing of
some personnel information, and that information will not be provided.
15.6 Fleet Services
15.6.1 City Fleet Management will require up to three (3) vehicle reviews by City staff
per month. Vehicle must be presented to City fleet services crew within 24 hours
of request. In addition, City Fleet Management will coordinate site visits of
equipment and records once per year.
15.7 Complaints and Incidents
15.7.1 In addition to random checks and audits, complaints and incidents will initiate
follow up checks and audits for compliance of contractual obligations.
15.8 Itemized Fee Schedule
15.8.1 If multiple liquidated damages can be applied to one infraction, only the highest
value liquidated damage fee will be applied.
Call Center
Making reservation for wrong client or ineligible passenger
$25
Failing to take any reservation between 8 am and 5 pm 7 d/ /w
$50
Making reservation for incorrect day
$50
Changing eligibility conditions on booking w/o authorization from
eligibility department
$50
Canceling wrong trip
$50
Making reservation for location outside service area except for trips
from/to exempt clients' homes
$75
Offering negotiations greater than 1 h from requested time
$200
Failure to honor approved vehicle type exclusion
$25
Allowing or scheduling for hostage time (As defined by On Road
Operations Performance Standards)
$100
Offering same day negotiations except if service day preceded by non
working day
$50
Making ineligible same day reservations
$75
Failing to provide space for eligible PCA, guest or service animal
$50
Improperly assigning a no-show
$200
Hold times greater than two minutes thirty seconds
$25
Failure to provide proficient Spanish speaking staff
$50
Failure to follow Trip Request Script
$25
Prioritizing trips by trip purpose or other demographic measurements
$125
Making unauthorized changes to schedule
$100
Unauthorized editing of trip information as provided by contract
$100
Service denial
$100
Road Operations
Driving in an unsafe/illegal manner
$100
Exceeding maximum ride times
$50
Missed Trip (Arrival 16 minutes or more beyond the 15 minute
window)
$75
Failure to wait required five (5) minutes
$25
Failing to provide door to door service
$25
Refusal to transport after arriving
$50
Failure to properly secure mobility device
$100
Failing to provide wheelchair assistance
$25
Charging a customer more than the fare
$100
Leaving vehicle unattended w/passenger on board except to assist with
another client
$25
Odor of tobacco smoke on vehicle
$25
Transporting wrong customer
$25
Picked up/dropped off at wrong address
$50
On -Time Performance — If Less Than:
95% monthly basis
$25
93% monthly basis
$50
90% monthly basis
$75
Trends will be deemed material if there is a consistent weekly pattern
of three or more weeks in a row of on -time violations by:
Same Hour of Da
$50
Same Day of Week
$50
Same Client
$50
Same Driver
$50
Same Scheduler/Dispatcher
$50
Failure to notify of change ins ace type
$25
Failure to notify of change in number of passengers
$25
client hostage (As defined by On Road Operations Performance
Standards)
$50
Failure to comply with dress code
$10
Failure to use or incorrect use of MDC
$15
Use cell phone and/or blue tooth device while driving
$50
Fleet Services
Preventive Maintenance Inspection (PMI) — per occurrence (Failure to
erform on each vehicle within 2500 - 3500 miles prior to PMI)
$50
Transfort Inspections — Downed vehicle/unsafe to drive
$50
Transfort Inspections - Inspection follow up, failure to repair
$100
Vehicle Repairs failure to repair)
$50
Vehicle Cleanliness failure to comply)
$25,
Failure to turn in vehicle for inspection by requested time within 12
hours of original requested time
$25
Incomplete or inaccurate vehicle maintenance records
$50
Vehicle maintenance records not corrected following audit
$100
Supervision, Personnel, Training and General
Failure to submit reports by required time
$25
Failure to provide road supervision
$100
Failure to conduct investigations to standards
$100
Failure to provide follow-up, corrective or new hire training
$100
Incomplete or inaccurate qualification, compliance, and drug testing
files for independent contractors and/or employees
$50
Files for employees and/or independent contractors not corrected
following audit
$100
Failure to comply with drug and alcohol testing requirements
$100
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ATTACHMENT B
8.18 City of Fort Collins Transit System
Substance Abuse Policy
(In Compliance with FTA Regulations)
(Applicable Only to Transfort/Dial-A-Ride and Fleet Services Division
Employees)
8.W 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.
& 18.2 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 bold face 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. 9/4/02]
City of Fort Collins Personnel Policies and Procedures
Revised: March 25, 2010
Section 8
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
James B. O'Neill 11, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:
Veolia Transportation on Demand, Inc.
By:
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
(Corporate Seal)
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. 9/4/02 ]
8. J&3 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.
B. 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. 10/14/05]
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. 6/1/05]
3. Employees that dispatch or that are controlling movement of a revenue service
vehicle; [rev. 6/1/05]
4. Employees that maintain a revenue service vehicle; [rev. 6/1/05]
5. Employees that provide security and carry a firearm; [rev. 6/1/05 ]
6. Employees that are supervisors who perform these functions;
[rev. 6/1/05]
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
City of Fort Collins Personnel Policies and Procedures
Revised: March 25, 2010
Section 8
incurred while engaged in the volunteer activity.
[rev. 10/14/05]
D. Safety -Sensitive Job Titles
1. Field Coordinator [rev. 6/1/05]
2. Transfort Operations Supervisor [rev. 6/1/05]
3. Dispatcher/Scheduler [rev. 6/1/05]
4. Bus Operator [rev. 6/1/05]
5. Maintenance Helper[new 3/21/07]
6. Mechanic (includes Lead and Trainee) [rev. 3/21/07]
7. Shop Supervisor—Transfort [rev. 3/21/07]
8. Equipment Maintenance Worker [rev. 3/21/07]
9. Transfort Safety & Training Supervisor [new 6/1/05 ]
10. Bus Cleaner [new 6/1/05]
11. Bus Fueler [new 6/1/05]
12. Director of Operations Services [new 3/21/07]
13. Fleet Specialist [new 3/4/09]
E. 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. 6/1/05]
1. Full-time 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 9/4/02 ]
8.18.4 Prohibited Substances
"Prohibited substances" addressed by this policy under authority of the City include
the following:
1. Illegally Used Controlled Substances Or Drugs
Any illegaldrug or substance identified in schedules I through Vof Section 202 of the Controlled
Substance Act (21 U.S.C. '812), and asfurtherdefined by21 CFR 1300.11 through 1300.15.
City of Fort Collins Personnel Policies and Procedures
Revised: March 25, 2010
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 maybe
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 210 liters of breath as measured by an
evidential breath testing device. [rev. 6/1/05]
& 18.S Prohibited Conduct
A. Manufacturing, Trafficking, Possession, and Use
City of Fort Collins policy and the Drug Free Workplace Act prohibit all transit
system employees from engaging in the unlawful manufacturing, distribution,
dispensing, possession, or use of prohibited substances on City premises, in transit
vehicles, in uniform, or while on City business. Employees who violate this provision
will be subject to disciplinary action up to and including termination consistent
with the City's discipline code. Law enforcement shall be notified, as appropriate,
where criminal activity is suspected.
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 FTA'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 disciplinary action, up to
City of Fort Collins Personnel Policies and Procedures
Revised: March 25, 2010
Section 8
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 6/1/05 ]
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. 6/1/05]
1. failure to privide a urine specimen or breath sample; [new 10/14/05]
2. an inability to provide a sufficient urine specimen or breath sample without a
valid medical explanation; [rev. 10/14/05]
3. tampering with or attempting to adulterate the specimen or collection procedure;
[rev. 10/14/05]
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. 10/14/05]
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]
Ciry of Fort Collins Personnel Policies and Procedures
Revised: March 25, 2010
Section 8
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. 8/17/
09]
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; [rev 8/17/09]
15. having an MRO verified adulterated or substituted test result; [rev 8/17/09]
16. for an observed collection, failure to follow the observer's instructions to raise
clothing above the waist, lower clothing and underspants, and to turn around
to permit the obesrver to determine if there is any type of prosthetic or other
device that could be used to interfere with the collection process; [new 8/17/
09]
17. possess or wear a prosthetic or other device that could be used to interfere with
the collection process; or [new 8/17/09]
18. admit to the collector or MRO that the specimen has been adulterated or
substituted. [new 8/17/09]
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.
City of Fort Collins Personnel Policies and Procedures
Revised: March 25, 2010
Section 8
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
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. J&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). [rev9/4/02]
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. 10/14/05 ]
City of Fort Collins Personnel Policies and Procedures
Revised: March 25, 2010
Section 8
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 ( 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]
E 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
Revised: March 25, 2010
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]
I. Direct Observation of Urine Specimen Collections
Direct observation of the collection of a urine specimen shall be conducted under
the circumstances described in and in accordance with the provisions of 49 CFR
40.67. [new 9/11/09]
& 1 &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 ]
B. 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
City of Fort Collins Personnel Policies and Procedures
Revised: March 25, 2010
Section 8
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 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 willbe the sole responsibility of the individual. [rev. 6/1/05]
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 person-
ally observed the symptoms and who is trained to detect the signs and symp-
toms 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 pos-
sible prohibited substance abuse and /or alcohol misuse. Supervisors who are
eligible to make reasonable suspicion determinations and referrals shall com-
plete at least 60 minutes of training on the physical, behavioral, and perfor-
City of Fort Collins Personnel Policies and Procedures
Revised: March 25, 2010
Section 8
mance indicators of probable drug use and at least 60 minutes of training on
the physical, behavioral, and performance indicators of probable alcohol use.
[rev. 9/4/02 ]
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 screening 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/
02]
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. 9/4/02]
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 termination of employment. Post -
accident testing will not be required until involved employees are done or relieved
City of Fort Collins Personnel Policies and Procedures
Revised: March 25, 2010
Section 8
EXHIBIT A-1
SCOPE OF WORK
The City of Fort Collins Dial -A -Ride program provides door-to-door specialized transportation
services to citizens who, because of their disability are unable to access the fixed route bus
service. This program, administered by the Transfort Division, consists of Road Operations and
Central Dispatch components. The City is seeking a Service Provider to provide Road
Operations as well as Central Dispatch/Call Center for both ambulatory and non -ambulatory
clients under the following conditions:
l . Those clients certified eligible to use the City of Fort Collins Dial -A -Ride whose pick-up
and drop-off locations are within a 3/4 mile boundary around the Transfort fixed route
system as shown in Attachment A.
2. Those clients not residing within the 3/4 mile boundary around the Transfort fixed route
system, but whose residences have been "grandfathered" by the City shall be transported
to and from their home.
3. Transportation shall be provided to any and all locations that are within the 3/4 mile
boundary around the Transfort fixed route system.
4. Under emergent circumstances, the City may authorize additional trips including same
day and overflow trips which may be within or outside the 3/4 mile boundary.
Dial -A -Ride intends to provide door-to-door paratransit services through the coordinated efforts
of a central eligibility and quality assurance office operated by Transfort hereinafter referred to as
"The City", a central ride reservation center as well as road operations operated by a contracted
service provider hereinafter referred to as the "Service Provider". The Service Provider will
designate an Operations Manager hereinafter referred to as the "Service Contract Manager". The
Transfort/Dial-A-Ride Operations Supervisor will monitor the Service Provider for quality
assurance hereinafter referred to as the "Project Manager".
The Service Provider shall work with the City in order to maximize service efficiencies and
overall quality. The Service Provider shall be the point of contact for trip reservations,
subscription requests, cancelations and general customer service. On a daily basis, the Service
Provider shall receive client trip requests within the guidelines of both the City staff as well as the
Americans with Disabilities Act of 1990 (ADA), will provide all trip administration, and shall
assign their vehicles and drivers in order to provide the 100% of the requested trips meeting
guidelines of this scope of work.
1.0 CONTRACT REQUIREMENTS -GENERAL
1.1 The selected Service Provider shall have the following responsibilities for the
operation of this proposal. They are:
1.1.1 To provide qualified, competent and courteous staff,
1.1.2 To provide safe, clean, comfortable and customer -friendly vehicles,
1.1.3 Take ride reservations,
1.1.4 Take trip cancelations,
1.1.5 Forward complaints to appropriate City staff as outlined during operational
meetings,
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. 7/8/02 ]
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. The
percentage of employees to be tested for drugs and alcohol shall be set at the federally -
determined annual minimum random testing rates established pursuant to 49 CFR
Part 655.45. 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 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. 3/21/07]
City of Fort Collins Personnel Policies and Procedures
Revised: March 25, 2010
Section 8
F. 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.10/14/05]
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. The employee shall be solely
responsible for the payment of all costs of substance abuse professional services
and all required follow-up tests. An employee who fails to pay the cost of the
follow-up tests will be subject to disciplinary action, up to and including immediate
termination of employment. [rev. 9/24/08]
& M8 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 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
City of Fort Collins Personnel Policies and Procedures
Revised: March 25, 2010
Section 8
be allowed to take accumulated sick leave and vacation leave to participate in the
prescribed rehabilitation program. [rev. 6/1/05]
& M9 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. 6/1/05]
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. 6/1/05]
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 guide way 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. 6/1/05]
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;
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]
City of Fort Collins Personnel Policies and Procedures
Revised: March 25, 2010
Section 8
4. A statement of expected work related behaviors [rev. 9/22/98];
5. An agreement to follow specific after -care requirements with the understanding
that violation of the re-entry contract is grounds for termination. [rev. 9/22/98]
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 Trans fort/Dial -A- Ride General Manager
for current officer.
Substance Abuse Professional: Contact Trans fort/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]
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
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
City of Fort Collins Personnel Policies and Procedures
Revised: March 25, 2010
Section 8
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 [six 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
intoxicated is six times more likely to have an accident than a sober person.
[rev 6/1/05 ]
2. The estimated cost of alcohol abuse is about $117 billion annually. This figure
includes medical bills, tune lost from work, decreased job efficiency and property
damage.
F. Effects on Personal Life
Cit), of Fort Collins Personnel Policies and Procedures
Revised.• March 25, 2010
Section 8
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. 9/22/98]
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. Two-thirds of all homicides are committed by people who drink prior to the.
crime;
b. Two to three percent of the driving population is legally drunk at any one
time. This is doubled at night and on weekends;
c. Two-thirds 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.
G. Signs and Symptoms of an Alcohol Problem
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. 9/22/98]
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
City of Fort Collins Personnel Policies and Procedures
Revised: March 25, 2010
Section 8
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. 9/22/98]
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
£ 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
c.
Tardiness
d.
Accidents
e.
Missed deadlines
f.
Increased nervousness
City of Fort Collins Personnel Policies and Procedures
Revised: March 25, 2010
Section 8
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
Revised: March 25, 2010
Section 8
ATTACHMENT C
8.4 Computer Security and Acceptable Use
&4.1 Security Must be Maintained
A. To prevent unauthorized access to information in City computer systems, all
computer users must use an identification code and password to log on (except
when using public access services, such as the library's on-line public access catalog).
Employees must take precautions to ensure that unauthorized users do not gain
access to the City computer systems, such as by logging off the system while away
from the computer, locking their offices and maintaining confidentiality of
identification codes and passwords. Employees should also follow generally accepted
password guidelines, such as using more than six characters in a password, not
using a family or pet name or birthdate, and changing passwords every 60 days (or
sooner as required by the system administrator). Please contact the Management
Information Services Department for more information about password security.
[rev. 6/18/07]
R Employees may not obtain passwords of other users, and may not represent
themselves as another user, without specific authorization. In addition, employees
may not seek information about, copy, delete or otherwise modify files, data or
passwords of another user except as required to complete assigned job duties. Access
to City computer systems will cease immediately when an employee's employment
ends, unless specific arrangements are made by the supervisor.
C. To help protect City computer equipment and systems from viruses and other
debilitating programs, employees may not install software or shareware on City
computers unless:
1. The employee is licensed and legally authorized to install the software or
shareware on the City computers;
2. The software or shareware has been examined for viruses and other issues
concerning compatibility with the City's computer equipment and systems and
approved by the Management Information Services Department; and
[rev. 6/18/07]
3. Employees may not install other equipment or hardware components ( such as
modems or compact disk players) on City computers.
D. Strict precautions are especially important to maintain the security of the City's
enterprise computer applications and protect critical information from theft, loss,
contamination or destruction. Those are essential applications such as the Utility
Customer Information System, Financial Accounting Information System and the
Payroll/Personnel System. Employees are prohibited from gaining access to such
systems unless they have explicit authorization, have been trained, and know how
City of Fort Collins Personnel Policies and Procedures
Revised: April 28, 2009
Section 8
to use those systems. In addition, shareware may not be used in conjunction with
the City's enterprise computer applications or any other system containing vital
information. [rev. 4/28/09]
E. Employees shall conform to the City software, licensing, and security standards as
adopted by the City Manager and maintained by the Management Information
Services Department. [rev. 6/18/07]
U.Z Confidentiality Must be Maintained
A. Materials containing any confidential (non-public) information, including word
processing documents and electronic mail messages, must be identified by the
originator as confidential and treated as confidential in their entirety. Materials
may be identified as confidential by the title or text of a document or message, or by
virtue of the fact the material is saved in a confidential location within the computer
system, such as on an individual's "C" drive or on drives which are not readily
accessible by the City organization in general. If employees have any doubt as to
whether or not something is confidential, the material should be treated as
confidential in its entirety.
R Access to any information designated as confidential may only be obtained by the
originator of the information, the designated recipient, their supervisors, or others
who are specifically given the information by the originator or designated recipient
in order to perform the essential functions of their positions. Anyone receiving
confidential information must continue to maintain its confidentiality.
C. Employees, both during and after their employment with the City, may not disclose
confidential material to anyone except to other employees who need the information
to perform the essential functions of their positions, and except as required by law.
U.3 Software is City Property
A. Software purchased with City funds is City property. In addition, any software that
an employee installs, or has installed, on a City computer becomes City property.
All software on City computers is subject to applicable licensing and copyright
agreements.
K All software and other intellectual property and inventions created with .City
computers or other equipment, or created during working time, is City property.
Please refer to the policy on "Inventions and Copyrights" in these City of Fort
Collins Personnel Policies and Procedures.
&4.4 No Expectation of Privacy in Computer or Electronic Information
A. Although information on City computers is sometimes confidential (non-public),
it is not private. Employees should not have an expectation of personal privacy in
City of Fort Collins Personnel Policies and Procedures
Revised: April 28, 2009
Section 8
1.1.6 Forward all ADA eligibility intakes and questions to appropriate eligibility staff,
1.1.7 To provide the necessary management and administration to meet the
requirements of this contract, and
1.1.8 To adhere to ADA guidelines as well as all elements of contract as they apply to
on -road service, fleet services, safety & training requirements, dispatch services
and call -center procedures.
1.1.9 Incur the initial and on -going costs to maintain a wireless network connection for
up to (18) static IP address accounts with unlimited data transfer capability
having no trends of interruption in service at a cost as defined below in
"Transfort Fee Schedule".
1.1.10 Maintain up to (18) MDC units in lease agreement with the City at a cost as
defined below)in "Transfort Fee Schedule". The Service Provider shall be
responsible for the maintenance as well as the cost of any damage or abuse to the
units.
1.1.11 Incur the cost of installation of up to (18) MDC units in designated vehicles.
1.1.12 Maintain a two-way radio system. Any modifications to office environment to
install two-way radio system must be approved and coordinated by Project
Manager. Costs will be incurred by the Service Provider.
1.1.13 Route and schedule trips.
1.2 The City has the following responsibilities under this contract:
1.2.1 Provide program management and direction,
1.2.2 Develop and provide to Service Provider all policies for service, and ensure that
appropriate 2.13procedures are developed to implement them,
1.2.3 Define service standards and performance criteria,
1.2.4 Set fares and fare policy,
1.2.5 Determine clients' eligibility for use of services,
1.2.6 Provide the Service Provider with a master copy of all forms needed for reporting
necessary information to the City.
1.2.7 To work with the Service Provider to control no shows by enforcing no show
policy where applicable.
1.2.8 Provide the Service Provider with on -site (Transfort) office space outfitted with
three computer terminals which will be loaded with word processing and
spreadsheet software, Trapeze4 PASS and Trapeze4 PASS-MON, City viruss can
any computer information or electronic mail messages stored, sent or received on
City computers. All information on City computers, including electronic mail
messages, is subject to inspection and copying by each employee's supervisors with
or without notice or consent. Supervisors wishing to review electronic information
should request access from the Director of Human Resources, who has the discretion
to grant or deny the request.
B. Information in computers, including electronic mail messages, may remain
retrievable for long periods of time, even though employees have "deleted" the
information from their screens. Accordingly, employees should exercise good
judgment as to what information they create on the computer and send via electronic
mail.
C. Various departments (such as the City Attorney's Office, Human Resources
Department and City Manager's Office) have a need to maintain confidentiality and
prevent public access to certain information in City computers and electronic mail
systems. Even though such information may be confidential and non-public in
nature, individual employees should have no expectation of privacy in any information
they generate or store on City computers or electronic mail systems because all
such information is subject to inspection and copying by the employee's supervisor
with or without notice or consent.
D. Because the City's computer equipment and systems, including electronic mail
systems and the information on all such systems, at all times remain City property,
employees have no right to obtain the information on or the contents of their
computers or electronic mail upon termination of employment.
8.4.5 Use Must Comply with the Law
Numerous laws and regulations, including federal and state laws, affect the use of
computers, software, telephone lines and related equipment and data. Employees using
the City's computer equipment and systems must comply with all applicable laws and
regulations, in addition to all policies and practices relating to City computers. Any
questions about laws or regulations, their application or their interpretation, should be
directed to the City Attorney's Office.
8.4.6 Questions about or Problems with City Computers
Any questions about computer applications or problems with computers should be
directed to Management Information Services Department. Violations of this policy
should be reported to the employee's supervisor, Human Resources Department or
Management Information Services Department. [rev. 6/18/07]
City of Fort Collins Personnel Policies and Procedures
Revised: June 18, 2007
Section 8
"Page Left Intentionally Blank**
City of'Fort Collins Personnel Policies and Procedures
Revised: February 17, 2007
Section 8
8.5 Personal Use of Equipment and Supplies
City property, facilities and equipment represent a major investment of taxpayer funds.
It is the responsibility of all employees to assist in the maintenance and protection of
this investment. City property, facilities and equipment may be used only for the public
purposes for which they were acquired. Employees' personal use of City property,
facilities or equipment is prohibited except for limited use in accordance with this
policy and authorized by the supervisor. As used in this policy, the phrase "personal
use" shall not include a use that is related to an outside business or outside employment
of an employee. Employees are prohibited from using City property, facilities or
equipment for outside business or outside employment purposes. [rev. 1/8/01 ]
&S.1 Personal Use of Telephones, Fax Machines and Cellular Phones
[rev. 2/24/04]
A. Employees may occasionally need to make or receive personal phone calls and faxes
while at work. Employees may use City telephones and fax machines for personal
reasons so long as such use, in the discretion of the supervisor, is not excessive,
disruptive or otherwise a violation of the public trust. The cost for personal calls,
such as long distance or directory assistance charges, must be made on the
employee's personal calling card, unless the supervisor or department head has
authorized reimbursement of the charges by the employee once the billing
information becomes available. [rev. 1/18/00]
B. 1. The City recognizes that cellular phones are important business tools that
contribute to the effectiveness and efficiency of City employees. In situations
where an employee is in the field or where an employee does not have convenient
access to a land phone line, it is often in the City's best interest to permit the
employee to make personal use of a cellular phone in order to save time or
avoid unnecessary travel. Employees may use City provided cellular phones
and employee cellular phones for personal reasons during work hours so long
as such use, in the discretion of the supervisor, is not excessive, disruptive or
otherwise a violation of the public trust. [rev. 2/24/04]
2. Employees using City provided cellular phones that are billed on a per minute
basis (non -allotment plan phones) are required to reimburse the City for all
personal call charges in each of the following situations once the billing
information becomes available: [rev. 2/24/04]
a. For all personal use long distance, roaming, and directory assistance charges;
[new 2/24/04]
b. For all personal use local call charges occurring during work hours that are
excessive, disruptive or otherwise a violation of the public trust, as
determined by the employee's supervisor; and [new 2/24/04]
City of Fort Collins Personnel Policies and Procedures
Revised: February 17, 2007
Section 8
c. For all personal use local call charges occurring during times when the
employee is not working. [new 2/24/04]
3. Employees using City provided cellular phones that are on an allotment plan
(not billed per minute unless the allotment is exceeded) are required to reimburse
the City for all personal call charges that result in or contribute to any added
expense to the City ( such as long distance, roaming, directory assistance charges,
or per minute charges resulting from exceeding the allotted minutes in the
plan). [new 2/24/04]
4. Employees who participate in the City's Employee Cellular Phone Plan need to
follow the regulations outlined in the Services Agreement for this plan. When
employees use non -City provided cellular phones for City business purposes,
the employees may obtain reimbursement from the City for the call charges.
[rev. 2/24/04]
5. For purposes of this cellular phone policy, a cellular phone call made by an
employee to a spouse or significant other advising the spouse or significant
other that the employee must work longer than expected shall be considered a
non -personal business related call. [new 2/24/04]
6. The City Finance Department, with the cooperation of supervisors, shall
periodically perform a cell phone records review to determine the extent of
business/personal cell phone usage and the financial impact upon the City.
[new 2/24/04]
7. This policy is not applicable to the cellular phone use of the City Manager, City
Attorney, and Municipal Judge which is governed by policy set by City Council.
[new 2/24/04]
C. Employees must reasonably limit the timing, number and duration of personal
phone calls and faxes. Supervisors may restrict or prohibit an employee's personal
phone calls and use of fax machines if, in the supervisor's judgment, an employee's
use is excessive or affects the performance of the employee or others or is otherwise
a violation of the public trust.
D. Supervisors may monitor phone calls of their employees for the purpose of
determining whether the call is business or personal in nature. Except to the
extent necessary for a supervisor to determine whether a call is personal or business
in nature, the supervisor will not monitor the content of a personal call. Employees
should not have an expectation of privacy in the content of business related phone
calls as these calls may be monitored and recorded, with or without. the notice or
consent, by an employee's supervisor for business purposes, including, but not
limited to, quality control, training, and security.
City of Fort Collins Personnel Policies and Procedures
Revised: February 17, 2007
Section 8
E. Although employees may use City fax machines for personal purposes on a limited
basis in accordance with this policy, employees should not have an expectation of
privacy in the materials sent or received on City fax machines. All materials sent or
received on City fax machines are deemed to be City property and are subject to
inspection and copying by supervisors and other City officials with or without notice
or consent.
8.5.2 Personal Use of Voicemail
Employees may receive and leave personal messages on the City voicemail system so
long as such use, in the discretion of the supervisor, is not excessive, disruptive or
otherwise a violation of the public trust. Employees may not leave voicemail messages
which are unlawful, discriminatory, harassing, untruthful, misleading, or offensive.
Employees should not have an expectation of privacy in voicemail messages which
they send or receive because all information on the voicemail system may be reviewed
and copied by the employee's supervisor with or without notice or consent. Employees
should therefore exercise good judgment as to what information they leave in a voicemail
message and as to what purpose they allow callers to leave voicemail messages for the
employees.
8.5.3 Personal Use of Electronic Mail (E-Mail) [rev. 9/15/03]
A. The City's e-mail system and the distribution list capability of the system are intended
for the transaction of City business. Personal use of the City's e-mail system is
limited to those situations described in this policy. [new 9/15/03]
IEL Advertisements and Solicitations
An employee may make personal use of the City's e-mail system for advertisements
and solicitations only through the use of a Service Area or Service Unit Director -
approved e-mail distribution list established for that purpose or by posting on the
City -designated electronic bulletin board known as the Bargain Box. Any Service
Area or Service Unit Director approving such a distribution list shall determine
whether the list will be limited to employees in that Director's service area or, with
the approval of any other applicable Service Area or Service Unit Director, will be
open to City employees from other service areas or service units. Employees may
not forward distribution list e-mails to employees who have not agreed to be on the
distribution list. Employee participation in an approved distribution list is voluntary,
and employees may choose to opt in or out of any such list. Employees who
choose to participate will be subject to the receipt of any kind of commercial or
non-commercial advertisements or solicitations that conform to the requirements
set forth in subsection D, below. Employees may use the City's regular e-mail system
to respond to advertisements and solicitations from the approved e-mail distribution
list or from the Bargain Box. [rev. 2/17/07]
City of Fort Collins Personnel Policies and Procedures
Revised: February 17, 2007
Section 8
C. Personal Use Other than for Advertising and Solicitation. [new 9/15/03]
An employee may make occasional personal use of the City's e-mail system providing
the use does not involve any kind of advertisement or solicitation. [new 9/15/03]
D. Because an employee's personal use of the City's e-mail system, as permitted in this
policy, and the posting of notices on the Bargain Box bulletin board can have a
direct and material effect upon the effective and efficient operation of City business,
the following requirements shall be applicable to all communications permitted
under this policy: [new 9/15/03]
1. The communication shall not promote illegal activities or transactions.
[new 9/15/03]
2. The communication shall not be misleading, deceptive, or constitute a public
nuisance. [new 9/15/031
3. The communication shall not encourage or constitute prohibited discriminatory
or harassing conduct. [new 9/15/03]
4. The communication shall not constitute prohibited political activities as described
in these City of Fort Collions Personnel Policies and Procedures ( Section 8.13).
[new 9/15/03]
5. The communication shall not be disrespectful, insubordinate, or demeaning to
City employees, City officials, or members of the public. [new 9/15/03]
6. The communication shall not be excessive, disruptive, or otherwise in violation
of the public trust. [new 9/15/03]
7. The communication shall not promote or encourage sexual or violent activities
or practices; and shall not contain pornographic, obscene, or sexually explicit
materials. [new 9/15/03]
8. The communication shall not contain any information that is considered to be
confidential to the City. [new 9/15/03 ]
E. Employees should not have an expectation of personal privacy in the materials sent
or received on City computers, including personal e-mail. All information sent or
received on City computers, including personal e-mail, is deemed to be City property
and subject to inspection and copying by supervisors and other City officials with
or without notice or consent. The electronic mail of an employee may be a public
record under the public records law and may be subject to public inspection.
[new 9/15/03]
F. Supervisors may restrict or prohibit an employee's personal use of he City's e-mail
if, in the supervisor's judgment, an employee's use is contrary to the provisions of
this policy. [new 9/15/03 ]
City of Fort Collins Personnel Policies and Procedures
Revised: February 17, 2007
Section 8
&S.4 Personal Use of Computers and Internet Access
Employees may occasionally need to use City computers for personal word processing,
such as drafting a personal letter or writing a paper for a course, or to use the City's
Internet connection to conduct personal research. During non -working time,
employees may use City computers for personal word processing, spreadsheet
application use, or internet research on a limited basis in accordance with all of the
following requirements: [rev. 9/15/03]
1. Employees may not install personal software, hardware or other equipment on City
computers;
2. Generally, the City's computers may only be used by City employees, and not by
their relatives or associates. However, with the approval of the City Manager or the
Service Area Director, a City computer may be installed in an employee's residence
if such installation is reasonably necessary for the performance of the employee's
duties and is beneficial to the City. In such situations, to alleviate the need for
multiple computers in the employee's residence, members of the employee's
immediate family may use the City -owned computer on a limited basis. Alternatively,
City -owned hardware and software may be installed on an employee's personal
computer in the employee's residence if approved by the City Manager or Service
Area Director. In either event, the use of the City -owned equipment by family
members must be incidental and subordinate to the employee's City -related use of
the equipment, and such use by the employee and all family members shall be
subject to the following additional requirements: [rev. 1/8/01 ]
a. No family member shall be allowed to access any confidential information
maintained on the computer; [rev. 1/8/01 ]
b. Family members must understand that they have no expectation of personal
privacy in personal work stored on City equipment; [rev. 1/8/01 ]
c. Support and maintenance of City -owned computers, hardware and/or software
shall be provided by City support staff but such support and maintenance shall
not be extended to personal hardware or software; [rev. 1/8/01 ]
d. Such support and maintenance will be provided in the normal course of City
business, consistent with the existing criteria for establishing appropriate
priorities. In order for repairs to be made to City -owned computers, hardware
and/or software, it may be necessary for the employee to bring the personal
computer to City facilities for such repairs; [rev. 1/8/01 ]
e. Because of the integrated nature of computer systems (hardware/software) the
employee acknowledges that conflict between personal hardware and/or software
and City -owned hardware and/or software could occur. If such a conflict or
failure occurs, assessment as to the cause will be at the sole discretion of the
City technical support staff. Any problems assessed as attributable to personal
hardware and/or software will be the responsibility of the employee;
[rev. 1/8/01 ]
City of Fort Collins Personnel Policies and Procedures
Revised: February 17, 2007
Section 8
f. All software installed on a City computer must be properly licensed and evi-
dence of such licensing must be available for inspection by the City at anytime,
upon reasonable notice to the employee. Similarly, any software provided by
the City shall maintain proper and current licenses, and a record of the distri-
bution of those licenses shall be maintained with the service area; [rev. 1/8/01 ]
g. All City computers and/or hardware and/or software must be immediately re-
turned to the City upon termination of employment; [rev. 1/8/01 ]
h. Family members' use of City computers, hardware and/or software shall be
subject to all other provisions of this section dealing with the personal use of
computers and Internet access, including the prohibition against using such
equipment for profit, except that the following provisions shall not apply
[rev. 1/8/01];
i. The provision prohibiting the installation of personal software, hardware
or other equipment; and [rev. 1/8/01 ]
ii. The provision requiring all personal work to be stored on separate, personal
disks; [rev. 1/8/01]
i. Employees installing the City computers in their residences may, in the discre-
tion of the City Manager or Service Area Director, also be subject to the provi-
sions of these policies relating to teleworking. [rev. 1/8/01 ]
3. The use must be personal, and not in connection with an outside business or outside
employment (except for postings on a Service Area Director -approved e-mail
distribution list or on the Bargain Box as permitted in Section 8.5.3 ); [rev. 9/15/03 ]
4. Personal word processing and spreadsheet application use must be during non-
working time. Personal use of the Internet connection must be outside scheduled
work hours; [rev. 9/15/03]
5. Employees must use their own paper and other related supplies, and must "save"
their work on personal disks, and not the network or "c:/" drive;
6. City computers may not be used in anyway that is unlawful, discriminatory or
harassing to others. Because the City computers are located in City facilities, because
they are used and/or viewed by multiple persons, including citizens, employees,
supervisors and other visitors to our facilities, and because employees do not have
an expectation of personal privacy in the use of the computers, personal use of the
Internet connection may not be used to read, access, or obtain pornographic,
obscene, or sexually explicit materials;
7. Employees may not use or disclose confidential information belonging to the City,
and may not access the City's enterprise computer applications or other critical
information for any reason not directly related to City business;
8. The personal use of City computers, in the discretion of the supervisor, may not be
excessive, disruptive or otherwise a violation of the public trust;
City of Fort Collins Personnel Policies and Procedures
Revised: February 17, 2007
Section 8
9. Employees should not have an expectation of personal privacy in any computer
information created, read or stored in connection with a City computer. Employees
should remember that information "saved" on disks (or not "saved" at all) may
remain backed up in the City's computer system for a long time, and all information
on City computers is subject to inspection and copying by the employee's supervisors
with or without notice or consent. Because the City's computers and electronic
mail systems at all times remain City property, employees have no right to obtain
the information on or the contents of their computers or electronic mail upon
termination of employment.
8.5.5 Personal Use of Offices, Desks, and Other Work and Storage Spates
The City provides offices, desks, lockers, file cabinets and other work and storage spaces
for various employees. Although such spaces are available for employees while at
work, employees should remember that all such work and storage spaces remain the
sole property of the City. Employees should not bring highly personal items into the
workplace because the City reserves the right to open and inspect offices, desks, lockers,
file cabinets and other work and storage spaces and to remove all items relating to City
business and all personal items that are unlawful or inappropriate. Such an inspection
can occur at any time, with or without advance notice or consent. Such an inspection
may be conducted during, before or after working hours by the employee's supervisor
or any other persons designated by the City. The City is not responsible for any articles
that are placed or left in any such work or storage spaces that are lost, damaged, stolen
or destroyed.
8.5.6 Cooperation Required
Employees are required to cooperate in any inspection, review or copying of City property,
including but not limited to desks, faxes, computer information, electronic mail messages
and voicemail.
8.5.7 Personal Use of Discarded City Property [new 1/7/02]
Because government service is a public trust that imposes a responsibility to conserve
public resources, funds, and materials, City employees are not permitted to take or
remove discarded City property for personal use unless all of the following criteria are
met: [rev. 11/7/28]
A. Prior to taking or removing the property, the employee must make a written request
for the property, via e-mail or otherwise, to the employee's supervisor and the City's
Purchasing Agent; and
City of Fort Collins Personnel Policies and Procedures
Revised: November 7, 2008
Section 8
K The Purchasing Agent (or the City Manager if the Purchasing Agent is the employee
who desires the property) and the employee's supervisor must make a written
determination that:
1. The property has no present or reasonably foreseeable future value to the City;
2. Making the property available to the public would not be practicable because of
the administrative burden or expense that would be entailed in doing so; and
3. The auctioning or other public sale of the property as contemplated by section
23-126 of the City Code would likely not result in any benefit to the City.
The above process notwithstanding, an employee may take and remove cardboard boxes
for his or her personal use, provided that such cardboard boxes were received by the
City as packaging for other materials and were not specifically purchased by the City
for use as cardboard boxes and further provided that the employee's supervisor approves
the removal and determines that the supervisor's work unit has no need or use for the
cardboard boxes.
City of Fort Collins Personnel Policies and Procedures
Revised: November 7, 2008
Section 8
software and phone lines with three phones at a cost as defined below in
"Transfort Fee Schedule".
1.2.09 Reserved
1.2.10 Provide the Service Provider with up to (18) MDC units for lease at a cost as
defined below in "Transfort Fee Schedule.
1.2.11 Provide the Service Provider with the use of three licenses for Trapeze PASS,
Trapeze PASS-MON and *Mentor Xgate software at a cost as a defined below in
"Transfort Fee Schedule".
1.2.12 Provide the Service Provider with up to eight (8) "body on chassis" (cut -away)
paratransit vehicles at a cost as defined below in "Transfort Fee Schedule". This
item is optional and may be rejected by Service Provider if fleet is in good repair
and adequately meets service requirements.
1.2.13 Provide the Service Provider with "Train the Trainer" instruction on the
maintenance of the MDC units at a cost as defined below in "Transfort Fee
Schedule.
1.2.14 Provide necessary "Train the Trainer" instruction on the use of the City
paratransit scheduling at a cost as defined below in "Transfort Fee, Schedule.
1.2.15 Coordinate and approve support of City paratransit software with transit software
vendor for issues that are pre -authorized by the City.
2.0 PARATRANSIT OPERATING STANDARDS
Each of the operating standards are subjected to assessing of liquidated damages as stated in
"Assessed Liquidated Damages List and Fee Schedule" and shall be deemed material, a breach of
which may result in the City of Fort Collins declaring the Service Provider in default of the
contract.
2.1 General
The Service Provider shall provide all services in accordance with City policies
and procedures and in accordance with the following service operating standards:
2.1.1 The Service Provider shall provide door-to-door service. All drivers shall 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.
2.1.2 The Service Provider shall ensure that clients who are going to/from a flagged
Location indicating that they have a disability that impacts their judgment shall
be escorted to/from the door without exception. In these cases, Service
Provider shall ensure that clients are received by an authorized 3rd party before
SAMPLE FORM
Log #:
Date:
Location:
Name of Operator Involved:
ATTACHMENT D
INVESTIGATING SUPERVISOR'S
COLLISION or INJURY REPORT
Time of Occurrence:
Name of Investigating Supervisor:
Weather & Temperature:
Lighting:
Road Surface Type:
Street/Lane Configuration:
INJURIES:
PROPERTY DAMAGE:
Time of Notification:
Service Provider Vehicle Involved: Unit#: License#:
Damage:
Other Vehicle Involved:
Operator Name:
Owner of vehicle:
Type and Description of vehicle:
License Plate:
Insurance:
Damage:
POST ACCIDENT DRUG TESTING INFORMATION:
(A) Was there a fatality?
Y [must test] N
Was a vehicle towed from the scene?
Y N
Was a person transported from
the scene to a medical facility?
Y N
(B) If Yes to any question in (A):
Was operator tested?
Y N
(C) If Yes to any question in (A) and operator was not tested, check why:
❑ Operator's behavior can be
completely discounted as a
❑ Incident does not involve the
contributing factor
operation of a vehicle
(attach documentation for this)
SAMPLE FORM ATTACHMENT D
INVESTIGATING SUPERVISOR'S OBSERVATIONS:
❑ Police were called: Responding Officer:
❑ Police were NOT called
DETERMINATION OF PREVENTIBILITY:
ESTIMATED DAMAGE COST (for all property involved in incident):
Any safety issues that need to be addressed:
Investigating Supervisor Signature Date
EXHIBIT B-1
FEE SCHEDULE
NOTE: Service Provider will maintain all fare reconciliation processes. All fares
due from passengers will be deducted from the cost per trip noted below. No fare
is due for funded trips.
Cost Per Trip
Type of Service 2009* 2010* 2011* 2012* 2013*
Ambulatory $22.50 $23.18 $23.87 $24.59 $25.32
Non -ambulatory $28.50 $29.36 $30.24 $31.14 $32.08
Ride Reservations:
$2,500/month
Goods and Services to Veolia from City:
Transfort Fee Schedule
The list of items below represent fees charged by Transfort to the Service Provider for
services rendered and/or capital expenses required that will be provided by the City to
the Service Provider as a provision of this contract:
Fees
Annual cost.
Description Cost Qty Total Fee
MDC Lease $ 1 18 $ 18
Monthly
Per unit cost
Description Cost Qty Total Fee
Verizon Wireless Data $ 11 18 $ 198
One Time Expense
Description Cost Qty Total Fee
MDC Installation Training $ 90 p/h 6 $ 540**
Trapeze Training $ 40 p/h 40 $ 1,600
**Cost of training if requested by Service Provider
* The above rates will be subject to a fuel adjustment, which shall be based upon any
substantial increases in the cost of regular gasoline during the term of this
agreement. In the event the cost of regular gasoline shall increase by more than
$.25 per gallon over the current rate of $3.46 per gallon which is based on the AAA
Daily Fuel Gauge Report for the Colorado Region, the City of Fort Collins agrees to
reimburse Service Provider an additional $.17 per trip for every $.25 increase in the
cost of regular gasoline. The fuel adjustment shall be based on the AAA Daily Fuel
Gauge Report for the Colorado Region as of the first of every month for the term of
this contact and the adjustment will apply to all trips operated in that month. If the
fuel surcharge is assessed, but then there is a decrease in the AAA Daily Fuel
Gauge Report (ADFGR) for the Colorado Region that brings the gauge below the
rate which triggered the surcharge, the surcharge will not be assessed.
Due to historical fluctuations in ridership, and which provider actually performs the trips,
if the volume stated in addendum #1 decreases by 20% annually, Service Provider
reserves the right to renegotiate our trip pricing.
departing. Any exceptions to this policy must be pre -authorized by the City. If
there is more than a 10% increase or more than 300 trips per month going to
flagged locations, Service Provider shall have the right to negotiate an equitable
fee for these extra provided services.
2.1.3 Call Center Staff, Drivers and Dispatchers shall provide friendly customer
service at all times. Rude or inappropriate behavior by Service Provider staff
shall not be tolerated.
2.1.4 Drivers and Dispatchers shall remain professional while in service to the City and
only offer correct and appropriate information regarding the Service Contract.
2.1.5 The vehicles- provided shall have a 100% smoke -free environment. There shall
be no smoking in vehicles at any time by either passengers or drivers; whether
in revenue service for the City or otherwise.
2.2 Call Center
Trip Requests, Scheduling and Information
2.2.1 The Service Provider shall take trip requests from the designated Call Center
phone number between the hours of 8:00 am and 5:00 pm seven (7) days per
week. Trip requests must be taken between one (1) and fourteen (14) days in
advance of the requested trip date. Service Provider will provide adequate staff
during these office hours and meet the following criteria:
2.2.1.1 Calls will be answered Monday through Saturday within three (3) rings.
2.2.1.2 Service Provider will provide Spanish speaking staff with proficient oral
comprehension and verbal speech skills for Limited English Proficiency
(LEP) customers as defined by Title VI of the Civil Rights Act of 1964,
Executive Order 13166
2.2.1.3 There shall be no greater than an average weekly hold time of two (2)
minutes and no greater than a maximum hold time of two and one half (2
''/2) minutes on any service day
2.2.1.3.1 Service Provider will track and report on number of
calls, hold times and call lengths; This report will be
submitted to Project Manager on a monthly basis
2.2.1.4 Calls will be answered by voicemail on Sundays and non -working
holidays. The Service Provider will take and schedule all trip requests
that were logged during that 8 am to 5 pm period as stamped on the
voicemail date/time no later than one and one half (1 %) hours before the
start of service on the next service day. The current start of service is
6:00 am, therefore, under current conditions; trips must be scheduled and
assigned no later than 4:30 am on the next business day (e.g. Monday for
trips requests received on Sundays, Tuesday for trips requests received
on a non -working Monday holiday)
2.2.1.5 Trip requests will not be taken before 8:00 am or after 5:00 pm seven (7)
days per week under any circumstances except as directed by Project
Manager
2.2.2 All trip requests must be taken and scheduled for eligible clients. *See "Trip
Reservation Procedures"
2.2.2.1 The Service Provider shall ensure that every eligible trip request is
scheduled and that 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 rate, the Service Provider shall contact the Project Manager
immediately.
2.2.3 Service Provider will ensure call takers are strictly following the trip
reservation procedures. See "Trip Reservation Procedures."
2.2.3.1 Service Provider will confirm all trip request information upon each trip
request to ensure accuracy.
2.2.3.1.1 Information to verify for each leg of trip:
Client Name
Phone number
Pick up address
Drop off address
Requested pick up time
Appointment time upon request
PCA, if applicable
Service animal, if applicable
Number of guests, if applicable
Fare amount due
Vehicle type exclusion, if applicable
Mobility device, if applicable
2.2.4 Service Provider will adequately manage and maintain subscription trips to
ensure that subscription changes are completed appropriately and will not create
missed trips or no shows. Record keeping processes for subscriptions are at the
discretion of the Service Provider. However, the format must be approved by the
Project Manager and will be available to City staff within two (2) hours of
request.
2.2.5 The Service Provider must stamp the original requested time as stated by the
client. Under no circumstances is the Service Provider allowed to change the
client's requested time.
2.2.6 The Service Provider may negotiate scheduled pick up times with clients under
the following criteria:
2.2.6.1 Negotiations may not exceed one hour before or one hour after the
original requested time
2.2.6.2 Negotiations may not be offered that would render a useless trip.
2.2.6.2.1 If a client requests a drop off appointment, a negotiation
may not be offered that would exceed that requested
drop off time.
Example: Client needs to be at work by
10:00 am and requests a 9:15 am pick up. In this case, a
10:15 am negotiation would be rendered a useless trip
and may not be offered. The Service Provider must
honor the client's appointment time of 10:00 am.
However, a pick up could be negotiated as early as 8:15
am in this situation.
2.2.6.2.2 If a client requests a pick up no earlier than a specified
time, a negotiation may not be offered that would require
the client to be ready prior to their earliest specified
time.
Example: Client finishes work at 6:00 pm and requests
a 6:15 pm pick up. In this case, a 5:15 pm negotiation
would be rendered a useless trip and may not be offered.
The Service provider must honor the client's request to
be picked up no earlier than 6:00 pm. However, a pick