The URL can be used to link to this page

Home My WebLink About541252 DUNBAR ARMORED INC - CONTRACT - RFP - 7672 MAX TICKET VENDING MACHINES - COLLECTION SERV (2)cit of �®r'�t Collins ' 1•— Purchasing - December 30, 2014 Dunbar Armored Inc. ATTN: Seth McElroy 50 Schilling Road Hunt Valley, MD 21031 Financial Services Purchasing Division 215 N. Mason St. 20d Floor PO Box 580 Fort Collins, CO 80522 970.221.6776 970.221.6707- fax fcgov. com/pur chasing Re: Amendment No. 1 to 7672 Max Ticket Vending Machines Services Agreement Dear Mr. McElroy, Please let this letter serve to amend the following to the Services Agreement dated August 20, 2014 (the "Agreement"). The following changes/additions are hereby made and incorporated in the Services Agreement: • Exhibit A — Scope of Services, Section B and Exhibit C — Additional Pricing Specifications is amended to designate Sunday as the scheduled service day. • Exhibit F — Federal Terms and Conditions, is amended to add the following articles: 14. Drug and Alcohol Testing Pursuant to 49 CFR Parts 40 and 655, it has been determined that the majority of Dunbar's employees who provide service under this contract spend their time performing FMCSA safety - sensitive functions and therefore comply with FMCSA regulations. However, in the event of an accident, incident or observation that occurs in the performance of public transit activities, the FTA's post -accident and reasonable suspicion requirements shall apply. To certify compliance, the Contractor shall require supervisors to be trained and have training documentation on file, regarding the Federal Transit Administration's (FTA) reasonable suspicion and post- accident testing requirements. Contractor herein agrees: Reasonable Suspicion Testing (a) An employer shall conduct a drug and/or alcohol test when the employer has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol misuse. (b) An employer's determination that reasonable suspicion exists shall be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the covered employee. A supervisor(s), or other company official(s) who is trained in detecting the signs and symptoms of drug use and alcohol misuse must make the required observations. (c) Alcohol testing is authorized under this section only if the observations required by paragraph (b) of this section are made during, just preceding, or just after the period of the Amendment No. 1 to 7672 Services Agreement Page 1 of 3 workday that the covered employee is required to be in compliance with this part. An employer may direct a covered employee to undergo reasonable suspicion testing for alcohol only while the employee is performing safety -sensitive functions; just before the employee is to perform safety -sensitive functions; orjust after the employee has ceased performing such functions. (d) If an alcohol test required by this section is not administered within two hours following the determination under paragraph (b) of this section, the employer shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If an alcohol test required by this section is not administered within eight hours following the determination under paragraph (b) of this section, the employer shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. II. Post -accident Testing (a) Accidents. (1) Fatal accidents. (i) As soon as practicable following an accident involving the loss of human life, an employer shall conduct drug and alcohol tests on each surviving covered employee operating the public transportation vehicle at the time of the accident. Post -accident drug and alcohol testing of the operator is not required under this section if the covered employee is tested under the fatal accident testing requirements of the Federal Motor Carrier Safety Administration rule 49 CFR 389.303(a)(1) or (b)(1). (ii) The employer shall also drug and alcohol test any other covered employee whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the decision. (2) Nonfatal accidents. (i) As soon as practicable following an accident not involving the loss of human life in which a public transportation vehicle is involved, the employer shall drug and alcohol test each covered employee operating the public transportation vehicle at the time of the accident unless the employer determines, using the best information available at the time of the decision, that the covered employee's performance can be completely discounted as a contributing factor to the accident. The employer shall also drug and alcohol test any other covered employee whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the decision. (ii) If an alcohol test required by this section is not administered within two hours following the accident, the employer shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If an alcohol test required by this section is not administered within eight hours following the accident, the employer shall cease attempts to administer an alcohol test and maintain the record. Records shall be submitted to FfA upon request of the Administrator. (b) An employer shall ensure that a covered employee required to be drug tested under this section is tested as soon as practicable but within 32 hours of the accident. Amendment No. 1 to 7672 Services Agreement Page 2 of 3 (c) A covered employee who is subject to post -accident testing who fails to remain readily available for such testing, including notifying the employer or the employer representative of his or her location if he or she leaves the scene of the accident prior to submission to such test, may be deemed by the employer to have refused to submit to testing. (d) The decision not to administer a drug and/or alcohol test under this section shall be based on the employer's determination, using the best available information at the time of the determination that the employee's performance could not have contributed to the accident. Such a decision must be documented in detail, including the decision -making process used to reach the decision not to test. (e) Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary, emergency medical care. (f) 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 employer. Such test results may be used only when the employer is unable to perform a post -accident test.within the required period noted in paragraphs (a) and (b) of this section. III. Management Information System Reporting (a) The Contractor agrees to certify annually its compliance with FMCSA testing requirements by sending a copy of the Management Information System (MIS) report, as required by 49 CFR part 40, §40.25 and appendix H, no later than one week after the submission deadline of every year to City of Fort Collins TransFort Division c/o Karl Gannon, 250 North Mason Street, Fort Collins, CO 80524. (b) Contractors' education and testing records shall be maintained and made available for review by a TransFort representative. All other terms and conditions of the Agreement remain in full force and effect. The City looks forwa contng Se,work with Dunbar Armored Inc. Sine r �, uerry Maui Director of Purchasing and Risk Management Accepted and Agreed on: 1% S/ 9,01 s- By: �a /1 tf Seth McElroy Vice President Amendment No. A to 7672 Services Agreement Page 3 of 3