HomeMy WebLinkAboutRFP - 8803 PARATRANSIT SERVICESREQUEST FOR PROPOSAL
8803 Paratransit Services
The City of Fort Collins Transfort Department, in conjunction with the City of Loveland Transit, is
requesting proposals from qualified vendors to provide door-to-door specialized transportation
services to citizens who, because of their disability are unable to access the fixed route bus
service.
As part of the City’s commitment to Sustainable Purchasing, proposals submission via
email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file
under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy
proposal instead, one (1) hard copy and one (1) electronic copy on a jump drive, will be
received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort
Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) on
October 26, 2018 and referenced as Proposal No. 8803. If delivered, they are to be sent to
215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O.
Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the
PO Box to be received at the Purchasing Office.
The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in
response to all requests for proposals. No individual or business will be discriminated against
on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level
playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award
and administration of all contracts.
All questions should be submitted, preferably in writing via email, to Beth Diven, Buyer at
(970) 221-6216 or bdiven@fcgov.com, with a copy to Project Manager, Kaley Zeisel, at
kzeisel@fcgov.com, no later than 5:00 PM MST (our clock) on October 17, 2018.
Please format your e-mail to include: RFP 8803 Paratransit Services in the subject line.
Questions received after this deadline may not be answered. Responses to all questions
submitted before the deadline will be addressed in an addendum and posted on the Rocky
Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by Bidnet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
952-94 Transportation Services for the Elderly, Handicapped, Incapacitated, Prisoners,
Juries, etc.
958-91 Transit Management Services
962-17 Bus and Taxi Services, Limousines and Vans (including Operations,
Management and Terminal Services)
Public Viewing Copy: The City of Fort Collins is subject to public information laws, which
permit access to most records and documents. Proprietary information in your response must
be clearly identified and will be protected to the extent legally permissible. Proposals may not
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 8803 Paratransit Services Page 1 of 336
be marked ‘Proprietary’ in their entirety. All provisions of any contract resulting from this
request for proposal will be public information. Firms are allowed to submit one (1)
additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the
proposal, the firm will redact all text and/or data that it wishes to be considered confidential and
denote the information as “proprietary” or “confidential”. Information considered proprietary is
limited to material treated as confidential in the normal conduct of business, trade secrets,
discount information, and individual product or service pricing. Summary price information
may not be designated as proprietary as such information may be carried forward into other
public documents.
New Vendors: The City requires new vendors receiving awards from the City to fill out and
submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the
W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s
Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please
do not submit with your proposal.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected vendor shall be expected to sign the City’s standard Agreement without revision
prior to commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry Paul
Purchasing Director
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I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
For the purpose of this RFP and the resulting contract, the City of Fort Collins / Transfort
Department (hereinafter referred to as the City) will be the contracting agency acting in
conjunction with and on behalf of the City of Loveland Transit (COLT) through a separate
intergovernmental agreement; however, there will be no direct contract between the
Service Provider and COLT. Except where otherwise indicated, the Service Provider
should provide pricing for the COLT option based on the requirements as outlined for the
City’s scope of work. The City, in conjunction with COLT, is requesting proposals from
qualified Vendors to provide three distinct services:
A.1. Fort Collins and Loveland: Door-to-door specialized transportation services,
otherwise referred to as ADA complementary paratransit services, to citizens who,
because of their disability are unable to access the fixed route bus service. Both the
City of Fort Collins’ and City of Loveland’s paratransit service programs are called
“Dial-A-Ride” (hereinafter referred to as DAR), For the purposes of this Scope of
Work and due to similarities in federal requirements, both programs are referred to
collectively as DAR. See Attachment A for the current CFC DAR User’s Manual and
Attachment B for the current COLT User’s Manual.
A.2. Fort Collins and Loveland: Taxi Voucher Program called “Dial-A-Taxi” or DAT, which
offsets the costs of taxi trips for eligible DAR and COLT passengers beyond the
service area required by ADA
A.3. Fort Collins only: Operate a daily (Monday – Friday) shuttle service for qualified
passengers who are also clients of Foothills Gateway. (Do not provide pricing for a
COLT option for this service).
B. Minimum Requirements
B.1. Vendors must meet the minimum requirements in order for their proposal to be
considered responsive. Vendors should indicate in their proposals whether they
meet the minimum qualifications below:
Requirement YES NO
Provide detailed explanation of experience providing and/or
managing ADA complementary paratransit services as prescribed
by 49 CFR Part 37, Transportation for Individuals with Disabilities.
Preference will be given for bidders who can demonstrate at least
five (5) years’ experience providing and/or managing ADA
paratransit services.
Average on-time performance better than 90% overall (must
provide documentation).
Experience with Trapeze PASS or similar software system.
Ability to provide all three (3) distinct services described above
and in the scope of work.
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A vehicle fleet with a minimum total passenger capacity equivalent
to twenty (20) sedans/accessible vehicles, currently available for
use by the Service Provider for complementary ADA paratransit
use.
B.2. On Call Service
The Vendor must be prepared to provide on-call service as requested by the City.
The City will provide 48 hours’ notice before on-call requested service will
commence. Any request to provide service outside of ADA Complementary
Paratransit Services, Foothills Gateway Shuttle, or the Dial-A-Taxi program will be
considered on-call.
II. SCOPE OF PROPOSAL – RELATED TO PROVIDING ADA COMPLEMENTARY
PARATRANSIT SERVICES
A. Background
The City and COLT provide door-to-door specialized transportation services to citizens
who, because of their disability are unable to access the fixed route bus service.
The DAR and COLT programs consist of Road Operations and Central Dispatch
components. The City is seeking a Vendor, hereinafter referred to as the Service Provider,
to provide door-to-door ADA complementary paratransit operations, supervision,
scheduling as well as a central dispatch/call center for both ambulatory and non-
ambulatory clients. The following is a list of the general conditions under which service
shall be performed:
1. Those clients certified as “eligible” and whose trip requests originate and terminate
within the established service areas of each of the respective agencies.
2. Those clients whose homes have been grandfathered into the service areas of either
of the respective agencies.
3. Under emergent circumstances, the City Contract Manager may authorize additional
trips including same-day and overflow trips which may be within or outside of the
respective service areas of either of the communities.
4. At the request of the City Contract Manager, transportation shuttles shall be provided
within either of the respective service areas at an hourly rate using Service Provider
vehicles and/or City owned vehicles.
DAR intends to provide door-to-door paratransit services through the coordinated efforts
of a central eligibility and quality assurance office operated by the City, a central ride
reservation center to be located at, operated and provided by the Service Provider as well
as road operations and dedicated road supervision operated by the Service Provider. The
Service Provider shall designate an Operations Manager hereinafter referred to as the
Service Operations Manager. The City Contract Manager will monitor the Service Provider
for quality assurance. The City Contract Manager will be the central point of contact for all
contract communications and oversight. This includes management of any service options
executed at a later date.
The Service Provider shall work with the City Contract Manager to maximize service
efficiencies and overall quality. The Service Provider shall be the customer point of contact
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for trip reservations, subscription requests, cancelations and general customer service.
Daily, the Service Provider shall receive client trip requests by phone within the guidelines
of DAR as well as the Americans with Disabilities Act of 1990 (ADA), shall provide all trip
administration, and shall assign their vehicles and drivers to provide 100% of the
requested trips meeting guidelines of this scope of work.
B. General Requirements
B.1. The Service Provider shall have the following responsibilities for the operation of this
proposal. They are:
B.1.1 To provide qualified, competent and courteous staff,
B.1.2 To provide safe, clean, comfortable and customer-friendly vehicles,
B.1.3 Take ride reservations,
B.1.4 Take trip cancelations,
B.1.5 Receive and forward complaints to appropriate City staff as outlined during
operational meetings,
B.1.6 Receive and forward all ADA eligibility intakes and questions to appropriate
eligibility staff,
B.1.7 To provide the necessary management, administration, back-office and
dedicated on-road supervision by qualified supervisory and administrative
staff to meet the requirements of this contract, and
B.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.
B.1.9 Incur the initial and on-going costs to maintain a wireless network
connection with unlimited data transfer capability having no trends of
interruption in service.
B.1.10 Purchase and maintain up to 22 tablets compatible with Trapeze
DriverMate mobile computing software. The Service Provider shall be
responsible for the maintenance, any necessary installation, as well as the
cost of any damage or abuse to the units.
B.1.11 Maintain a two-way radio system.
B.1.12 Route and schedule trips.
B.1.13 Consistently maintain compliance with all local, state and federal
regulations regarding the provided transportation services including but
not limited to service delivery, vehicle maintenance, driver qualification,
driver training and management, accident investigation and reporting and
substance abuse testing and reporting.
B.2. The City will have the following responsibilities under this contract:
B.2.1. Provide program management and direction,
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B.2.2. Develop and provide to Service Provider all policies for service, and ensure
that appropriate procedures are developed to implement them,
B.2.3. Develop and provide to Service Provider Service Alerts when changes to
either jurisdiction’s regularly scheduled service will impact complementary
paratransit services. Service Alerts should be posted in vehicles upon
receipt by the Service Provider, and no later than five (5) business days
after receipt.
B.2.4. Notify the Service Provider when inclement weather affects complementary
paratransit services,
B.2.5. Define service standards and performance criteria,
B.2.6. Set fares and fare policy,
B.2.7. Determine clients’ eligibility for use of services,
B.2.8. Provide the Service Provider with a master copy of all forms needed for
reporting necessary information to the City.
B.2.9. To work with the Service Provider to control no shows by enforcing no show
policy where applicable.
B.2.10. Provide the Service Provider with access to three licenses for DAR transit
scheduling software via VPN connection.
B.2.11. Provide licenses for Trapeze DriverMate software, as well as protocol to
connect to the City’s network. The City will work with Service Provider to
update licenses as needed.
B.2.12. Provide the Service Provider with “Train the Trainer” instruction on the use
and maintenance of the tablets enabled with Trapeze DriverMate mobile
computing software at a cost as defined in Attachment C “CFC Fee
Schedule.
B.2.13. Provide necessary “Train the Trainer” instruction on the use of DAR
paratransit scheduling at a cost as defined in Attachment C “Fee
Schedule.”
C. Paratransit Operating Standards
C.1. Each of the operating standards are subjected to assessing of liquidated damages
as stated in section J: “Assessed Liquidated Damages and Fee Schedule” and shall
be deemed material, a breach of which may result in the City declaring the Service
Provider in default of the contract.
C.2. General: The Service Provider shall provide all services in accordance with DAR
policies and procedures and in accordance with the following service operating
standards:
C.2.1. 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
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from the vehicle to the door of the drop-off location. In some cases,
individuals with disabilities that impact their judgment may require
additional service beyond “door to door”, in these cases, the Service
provider shall ensure that these clients are received by an authorized 3rd
party before departing. This additional service would be limited to only
flagged locations and indicated on the client profile. 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.
C.2.2. Call Center Staff, Drivers, Supervisors and Dispatchers shall provide
friendly customer service at all times. Rude or inappropriate behavior by
Service Provider staff shall not be tolerated.
C.2.3. Drivers, Supervisors and Dispatchers shall remain professional while in
service to the City and only offer correct and appropriate information
regarding the Service Contract.
C.2.4. 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 DAR or otherwise.
C.3. Road and Office Supervision
C.3.1. Service Provider will ensure that qualified road supervisors are scheduled
during all peak service periods to respond to collisions, injuries, incidents,
service failures, vehicle failures and general service needs. During off-peak
service periods, road supervisors must be available to respond to an
investigation on-site within 30 minutes of a call requiring supervisor
investigation.
C.3.2. Service Provider will ensure that all supervisors who may be called to
investigate any on-road incidents have been properly trained and certified
to perform such duties. Supervisor training and certifications must be
submitted to and approved by the Contract Manager prior to performing
such duties.
C.3.3. Service Provider will ensure that road supervisors actively monitor at least
1% of total monthly revenue hours per month. Using current DAR
averages, this would account for 5-6 hours of monitoring per week.
C.3.4. Service Provider will ensure that qualified Dispatch supervisors are
scheduled during all peak service periods to respond to high-volume call
periods, emergencies, service failures and to provide coaching and
guidance to call-center staff. During off-peak service periods, dispatch
supervisors must be available to respond to provide guidance and coaching
for emergent or unusual circumstances.
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C.3.5. Road and dispatch supervisors will maintain and submit a monthly log that
includes daily events to include complaints, collisions, injuries, incidents,
on-road monitoring as well as any call-center monitoring activities.
C.4. Call Center: Trip Requests, Scheduling and Information
C.4.1. 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
shall provide adequate staff during these office hours and meet the
following criteria:
C.4.1.1. Calls shall be answered Monday through Sunday within three
(3) rings.
C.4.1.2. Service Provider shall 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 or shall
provide proficient on-demand translation services by a 3rd party
to be approved by Contract Manager.
C.4.1.3. 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 ½) minutes on any service day
C.4.1.4. Service Provider shall track and report on number of calls, hold
times and call lengths. This report shall be submitted to Contract
Manager on a monthly basis.
C.4.1.5. Trip requests shall not be taken before 8:00 am or after 5:00 pm
seven (7) days per week under any circumstances except as
directed by Contract Manager
C.4.2. All trip requests must be taken and scheduled for eligible clients between
1 and 14 days in advance. See Dial-A-Ride Procedures, Attachment D.
C.4.2.1. 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.
C.4.2.2. In the event that the Service Provider is unable to maintain a
0% denial rate, the Service Provider shall contact the Contract
Manager immediately.
C.4.3. Service Provider shall ensure call takers are strictly following the trip
reservation procedures. See Dial-A-Ride Procedures, Attachment D.
C.4.3.1. Service Provider shall confirm all trip request information upon
each trip request to ensure accuracy.
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C.4.3.2. 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
• Funding, if applicable
• Vehicle type exclusion, if applicable
• Mobility device, if applicable
C.4.4. Service Provider shall adequately manage and maintain subscription trips
to ensure that subscription changes are completed appropriately and shall
not create missed trips or no shows. Record keeping processes for
subscriptions are at the discretion of the Service Provider. However, the
format and content must be approved by the Contract Manager and shall
be available to Contract Manager or designee within two (2) hours of
request. Service Provider shall ensure that increased subscription trips
have no negative impact on availability of trips scheduled on-demand.
C.4.5. 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.
C.4.6. The Service Provider may negotiate scheduled pick up times with clients
under the following criteria:
C.4.6.1. Negotiations may not exceed one hour before or one hour after
the original requested time
C.4.6.2. Negotiations may not be offered that would render a useless
trip.
C.4.6.2.1 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
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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.
C.4.6.2.2 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 up could
be negotiated as late as 7:15 pm in this situation.
C.4.6.2.3 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.
C.4.6.2.4 Valid negotiations that are refused by the client shall
be marked booking subtype: REFUSAL and a
tracker action must be created with the reason the
client gave for the refusal.
C.4.6.2.5 Negotiations must only be offered once and no later
than one day before the day of the requested trip.
C.4.7. The Service Provider may not accept same-day trip requests and/or
additional trip legs except under the following criteria:
C.4.7.1. It is a trip that was an earlier no-show and the pickup location
for said trip was not the Client’s residence. This is to ensure that
no client will be “stranded” in a location outside their residence.
However, Clients who were a no show at their residence shall
not have their trip rescheduled for the same-day.
C.4.7.2. 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
C.4.7.3. The trip was not honored due to Call Center staff error
C.4.7.4. It is by order of Contract Manager
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C.4.7.5. The Service Provider may not, under any circumstance
prioritize trips by trip purpose, location, ethnicity, age, gender or
any other demographic measurements.
C.4.7.6. The Service Provider shall provide space for those clients who
require a Personal Care Attendant (PCA) upon client request at
no additional charge.
C.4.7.7. The Service Provider shall schedule space for at least one full
fare paying guest (in addition to PCA if applicable) and shall
make space for as many guests as the client requests as is
deemed reasonable.
C.4.7.7.1 While this number cannot be assessed, a
reasonable example may be to add three total
guests if the trip could be accommodated without
displacing another client trip request.
C.4.7.7.2 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.
C.4.8. The Service Provider shall take token/ticket orders from clients by phone
and shall distribute token/ticket orders on the client’s next scheduled trip
(next day service).
C.4.8.1. The Service Provider shall accept no more and no less than the
value of the token/ticket order
C.4.8.2. The Service Provider shall ensure accurate accounting of
token/ticket order transactions.
C.4.9. The Service Provider shall maintain accurate records of all driver fare
reconciliation. The format must be approved by the Contract Manager and
shall be available to the Contract Manager within two (2) hours of request.
C.4.10. The Service Provider shall treat all trip records and client information as
confidential. Client and/or trip information shall not be disclosed to any
third-party or entity except in situations where a client has a designated
provider who has written authorization to manage such client’s
trips. Disclosure of such confidential information for purposes other than
as strictly required to perform the services hereunder shall be a material
breach of the Agreement.
C.5. Daily Dispatching
C.5.1. Dispatchers shall ensure that drivers are collecting and accounting for fares
in accordance with established proper procedure, using DAR’s scheduling
software as trips occur.
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C.5.2. Dispatchers shall ensure that drivers are arriving and performing properly
at all designated locations.
C.5.3. Dispatchers shall reschedule clients who have been medically delayed or
who have had a no-show trip that did not originate at their home.
C.5.4. Dispatchers shall monitor driver performance to ensure there are no
dropped or missed trips.
C.5.5. Dispatchers shall 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 Automatic Vehicle Locator (AVL) tracking and in accordance with the
time stamp in the “Actual Arrive” field within the scheduling software.
Dispatchers shall make at least one attempt to contact the client by phone
provided the information is available. Tracker action must be assigned
within the scheduling software, containing details of the interaction.
C.5.6. Dispatchers shall assign trips where the client called in less than one (1)
hour of the trip reservation as a late cancelation. Tracker action must be
created within the scheduling software, containing details of the interaction.
C.5.7. Dispatchers shall actively review driver schedules throughout the service
day.
C.5.8. Dispatchers shall reschedule trips to alternate driver manifests where
appropriate to ensure excellent on-time performance.
C.5.9. “Service Operations Manager” shall actively review trends of missed trips,
late and/or early arrivals to ensure the following:
C.5.9.1. There are no trends of inadequate staffing and/or poor
scheduling during any recurring day of week and/or time period.
C.5.9.2. There are no trends of poor on-time performance by driver.
C.5.9.3. There are no trends of poor scheduling performance by
scheduler.
C.5.9.4. There are no trends of poor dispatching performance by
dispatcher.
C.5.9.5. There are no trends of inaccurate information relayed by
customer service agents/call takers.
C.5.10. Service Operations Manager shall 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 within the
scheduling software marking the reason for the change as well as a
summarized monthly report accounting for changes made.
D. ON ROAD OPERATIONS - Performance Standards
D.1. U se of Trapeze DriverMate mobile computing software
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D.1.1. CFC shall provide the Service Provider with a copy of the Trapeze
DriverMate policies manual. Drivers shall adhere to all policies and
procedures relating to the use of the tablet and Trapeze DriverMate mobile
computing software. 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”.
D.1.2. All contract trips performed by the Service Provider shall occur on vehicles
designated with DriverMate tablets units to the extent possible. In the event
that the Service Provider is unable to perform a trip on a designated vehicle,
Service Provider shall request authorization from Contract Manager or
designee prior to performing the trip. There shall be no recurring trend of
inability to perform trips on DriverMate tablet-equipped vehicles. In the
event that an occasional trip is performed by paper manifest, the Service
Provider shall use forms provided by CFC to record all pertinent information
and submit the forms to the Contract Manager on the next business day.
Complete documentation detailing why the trip was not performed on a
DriverMate tablet-equipped vehicle shall accompany any such trips.
D.2. Acceptable deviation from scheduled pick-up time: +/- 15 minutes
D.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 95% level on a monthly basis
with no trends of on-time violations due to time period, date interval, client,
driver and/or scheduler.
D.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 15:00 minutes after the scheduled pick-up time. In
the event 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 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 DriverMate tablet/Schedule Editor.
D.3. Required wait time for clients: 5 minutes
D.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 DriverMate.
D.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
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authorized a “No-Show”, the vehicle shall depart to the next pick-up.
Dispatch shall 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.
D.3.3. Authorized Changes to Schedule
All changes to the client schedule shall be pre-authorized by the Service
Provider Dispatcher and appropriately logged; additional trip legs shall not
be added as per section C.4.7.
D.3.4. Maximum riding time in vehicles
D.3.4.1. The maximum time any client shall be required to spend on
board a vehicle shall be one (1) hour.
D.3.4.2. 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 route service in 15 minutes,
the total trip length on paratransit must not be greater than 30
minutes.
D.3.4.3. The Service Provider shall not schedule manifests that do not
meet maximum riding time standards as defined herein and the
Service Provider shall adhere to this standard during its
operations.
D.3.4.4. If the Service Provider is unable to maintain the maximum riding
time standards defined herein, the Service Provider shall
immediately notify the Contract Manager or designee.
D.3.5. No “Hostage-Time”
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 two (2) examples of “Hostage Time”:
D.3.5.1. Example 1: 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.
D.3.5.2. Example 2: 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
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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.
D.3.6. Drivers shall not use cell phones, use cell phone text messages or Bluetooth
devices while performing any contracted revenue service trips.
D.3.7. Drivers shall wear a uniform to be approved by the Contract Manager.
Uniforms shall be maintained in good repair and have a neat appearance
while in service. Drivers shall wear an ID badge, issued by the City indicating
the employee is a City contractor, with their photo on the badge that is in
plain view at all times while in service.
E. GENERAL ADMINISTRATION
The Service Provider is required to:
E.1. Operate the designated services according to DAR operating policies and
procedures.
E.2. Provide service in a manner which shall maximize safety and customer service.
E.3. Meet with the City on a regularly scheduled basis to assess service performance
and discuss any operational issues. The City may schedule additional meetings as
operational needs arise.
E.4. Investigate all complaints and provide the City with a monthly report, Service
Provider shall ensure that there is no more than one (1) complaint per 1,000 revenue
hours performed.
E.5. Should an emergency occur within City of Fort Collins, City of Loveland, regionally,
or countywide requiring transportation of City of Fort Collins or City of Loveland
residents, it is expected that the Service Provider shall cooperate with the evacuation
under the command of the City’s Office of Emergency Management and direction of
the City at an hourly rate.
E.6. Cooperate with any marketing activities established by the City and distribute rider
service information as required.
E.7. Provide timely and priority communication to the Contract Manager regarding vehicle
and driver availability, schedule adherence and any other operational issues.
E.8. Have a suitable motor pool and maintenance facility for the provision of road
services.
E.9. Comply with the rules of Liquidated Damages as outlined in section J “Assessed
Liquidated Damages List and Fee Schedule”
F. GENERAL RECORD KEEPING REQUIREMENTS
F.1. The Service Provider is required to:
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F.2. Schedule rides and provide a copy of required documentation of additional trips as
per section C: “Paratransit Operating Standards”.
F.3. Collect, reconcile, and report all fares to the City (See section G: “Revenues”)
F.4. Recordkeeping, as well as responses to City communications, shall be facilitated in
a responsible manner. All responses to requests for information made by the City
shall be submitted within three (3) business days unless otherwise specified.
F.5. The DAR 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. If reports are late or data
incomplete, the payment due to the Service Provider shall be withheld until such time
there is proper compliance.
G. REVENUES:
G.1. The fare system shall be determined by the City and administered by the Service
Provider per City guidelines.
G.2. There shall be no solicitation or acceptance of tips.
G.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 using DriverMate tablet. 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.
G.4. All trips shall require a fare except for trips which qualify for funding.
G.5. Fares shall be collected by the Service Provider, summarized and reported to the
City monthly.
G.6. The City will bill the Service Provider each month for all fares that were due to be
collected the previous month.
G.7. The Service Provider shall provide the Contract Manager with a written copy of its
administrative procedures to account for fares collected by its drivers.
G.8. The Service Provider shall be responsible for the sale of tokens/tickets and collecting
revenue for such sales.
G.9. No-shows, cancels at the door and late cancellations shall not qualify for payment.
G.10. City Auditor(s) may at any time during the contract period change these
requirements deemed necessary to ensure adequate controls are in place to protect
the interests of the City.
H. DAILY RECORDS
The Service Provider shall reconcile fares on a daily basis and make these records
available to City staff upon request.
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I. MONTHLY INVOICE & SUMMARY
The Service Provider shall record monthly the following information on the City’s approved
reporting forms:
I.1. Supervisor’s Log to include information divided by service area:
I.1.1. Complaint feedback ID or incident ID number assigned by the City
I.1.2. Report shall log each complaint, collision, incident or injury and provide a
brief description of each
I.1.3. Report shall include Service Provider’s employee name
I.1.4. A summary of the investigation determination including the findings
I.1.5. Summary of the resolution of each complaint
I.2. By the 5th calendar day of each month, City staff shall provide the Service Provider
with a report of all potential liquidated damages from the previous month, including
copies of monthly road audits and requests to adjust data integrity reports where
needed.
I.3. Within 5 business days of receiving monthly audits and liquidated damages report,
Service Provider will respond with comments to liquidated damages, including any
mitigating information.
I.4. Within 5 business days of receiving comments to liquidated damages from the
Service Provider, Contract Manager will then assess final liquidated damages and
shall provide the Service Provider with a report of all authorized charges. This report
will breakout all authorized charges for the following services:
I.4.1. DAR and COLT Paratransit Services and will include but is not limited to the
following:
I.4.1.1. Total number of individual trips, by type: ambulatory and non-
ambulatory.
I.4.1.2. Summary of monthly fares to be billed to Service Provider
I.4.2. Foothills Gateway Shuttle service.
I.5. Monthly invoices will be submitted to the City at invoices@fcgov.com, with a copy to
the Contract Manager, by the Service Provider no later than the 25th calendar day of
each month; once these are received from Service Provider, the City will then invoice
Service Provider for fares for all services.
I.6. 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.
I.7. The Service Provider shall not unilaterally implement company policy that directly
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impacts the system’s operation or is in conflict with its contract with the City without
prior discussion and approval by the Contract Manager or Manager’s designee.
J. ASSESSED LIQUIDATED DAMAGES LIST AND FEE SCHEDULE
In order 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 shall apply to the assessment of liquidated
damages:
J.1. Assessing Liquidated Damages
Each potential LD shall be reviewed on a case by case basis prior to an LD being
assessed. As CFC staff recommends LDs, the City Contract Manager shall review
the alleged violations with the processes outlined within the contract and make a
final decision whether an LD shall be assessed.
J.2. Routine Audits and Checks
J.2.1. Road Services
Contract Manager shall conduct random checks of road operations using City
staff to monitor trip performance. At the time of the check, the City staff
member shall identify themselves to the driver, require the driver to sign a
completed “Road Check” form and inform the driver of any LDs that are being
recommended. The driver must comply with this process. Service Provider
shall respond within five (5) days of receipt of a notice of assessment of
liquidated damages. Service Provider shall have an opportunity to
demonstrate to the Contract 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. Based upon
such a demonstration, the Contract Manager reserves the right to reduce or
waive the liquidated damages at issue.
J.2.2. Call Center
Contract Manager or designee shall perform periodic and random checks of
data accuracy, call taking processes and ADA compliance at his/her
discretion. Monitoring periods may be by in-person monitoring as well as by
requests to review Service Provider call recordings. In addition, Contract
Manager shall ask to pull records for various accounting and performance
processes as dictated by the contract.
J.2.3. Safety and Training
Records of the driver and personnel qualifications, compliance, safety and
training specifically outlined in this contract shall be audited randomly and
upon request by Contract Manager or designee. At least one-hour notice
shall be given to Service Provider. It should be understood by both parties
that State and Federal law prohibits the sharing of some personnel
information, and that information shall not be provided.
J.2.4. Fleet Services
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City of Fort Collins Fleet Management shall require up to five (5) vehicle
reviews by City staff per month. Vehicle must be presented to the City fleet
services crew at the Transfort Operations and Maintenance Facility located
at 6570 Portner Drive, Fort Collins, 80525, within 24 hours of request. In
addition, City Fleet Management shall coordinate site visits of equipment and
records once per year.
J.2.5. Complaints and Incidents
In addition to random checks and audits, complaints and incidents may
initiate follow up checks and audits for compliance of contractual obligations.
The Service Provider is required to use Transfort’s customer feedback
software to enter all customer-related feedback.
J.3. Itemized Liquidated Damages Schedule
If multiple liquidated damages can be applied to one infraction, only the highest value
liquidated damage fee shall be applied. Liquidated Damages will be waived for the
initial 90 days period for a new provider only, if an incumbent is chosen Liquidated
Damages penalties will be assessed.
CALL CENTER
Making reservation for wrong client or ineligible passenger $25
Failing to take any reservation between 8 am and 5 pm 7 days per
week $50
Making reservation for incorrect day $50
Changing eligibility conditions on booking without authorization from
eligibility department $50
Canceling wrong trip $50
Making reservation for location outside service area except for trips
from/to exempt clients’ home(s) $75
Offering negotiations greater than 1h from requested time $100
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 $50
Making ineligible same-day reservations $75
Failing to provide space for eligible PCA, guest or service animal $50
Improperly assigning a no-show $100
Hold times greater than two minutes thirty seconds $25
Failure to provide proficient Spanish speaking staff $50
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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
Failure to report customer feedback $50
ROAD OPERATIONS
Driving in an unsafe/illegal manner $150
Exceeding maximum ride times $50
Missed Trip (vehicle arrives and leaves outside the pickup window,
without the rider, includes failing to wait the required five (5) minutes) $100
Excessive Late Arrival (Arrival 16 minutes or more beyond the 15-
minute window) $75
Arriving prior to the beginning of the window without client request $25
Failing to provide door to door service $50
Refusal to transport after arriving $50
Failure to properly secure mobility device $100
Failing to offer, or provide, assistance to passengers $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 shall 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 Day $50
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Same Day of Week $50
Same Client $50
Failure to notify of change in space type $25
Client hostage (defined by On Road Performance Standards) $50
Failure to comply with dress code $10
Failure to use, or incorrect use, of tablet $15
Use of cell phone and/or blue tooth while driving $50
FLEET SERVICES
Preventive Maintenance Inspection (PMI) – per occurrence (Failure to
perform 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 submit monthly billing/invoices by required time $50
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
J.4. Due to the critical and federally-required nature of paratransit service, the Services
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Agreement with the awarded Vendor will not include a Service Provider termination
for convenience clause.
III. SCOPE OF PROPOSAL – RELATED TO PROVIDING FOOTHILLS GATEWAY SHUTTLE
The Service Provider shall operate the Foothills Gateway Shuttle (herein referred to as “FHG”)
in accordance with the following terms and provisions. The below provisions apply solely to the
FHG program.
A. AMERICANS WITH DISABILITIES ACT (ADA) SERVICE EXCEPTION
Qualified passengers utilizing the FHG shall qualify as ADA passengers. However, ADA
Complementary Paratransit Service requirements do not apply.
B. QUALIFIED PASSENGERS
All passengers participating in the FHG program will also be active DAR passengers.
Additionally, coding will be added to Trapeze PASS software to ensure Service Provider
schedulers clearly understand which passengers qualify for this service.
C. SCHEDULING
C.1. The Service Provider shall collaborate with the Foothills Gateway Transportation
Coordinator to set-up subscriptions for the manifests. Due to the limited nature of
the service, frequent changes to the manifest are not permitted.
C.2. The Service Provider shall collaborate with the Foothills Gateway Transportation
Coordinator to schedule alternatives in the event of cancellations on a case-by-case
basis to ensure optimization of resources.
C.3. Service Provider shall not be permitted to extend revenue service hours beyond
seven (7) hours total including all four (4) trips per day without prior authorization
from the City Contract Manager.
C.4. Subscriptions will only be made and negotiated by the Service Provider and the
Foothills Gateway Transportation Coordinator or other designated staff. To avoid
confusion, families and host home providers shall not be authorized to cancel or add
to the manifest.
D. Daily Trips
D.1. The Service Provider shall operate two (2) vehicles provided by the City Monday
through Friday. Each vehicle will operate one (1) trip in the morning and one (1) trip
in the afternoon for a total of four (4) trips per day. The total revenue trip time will be
variable depending on traffic, passenger boarding and other normal transportation
variables.
D.2. Daily trips shall be coordinated directly between the Service Provider and the
Foothills Gateway Transportation Coordinator. The passenger manifest shall be
provided exclusively by the Foothills Gateway Transportation Coordinator. No
scheduling activities shall take place between the Service Provider and passengers,
families, or host homes. All questions by passengers, host-home providers,
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guardians and families regarding scheduling will be directed to the Foothills Gateway
Transportation Coordinator.
D.3. Trip times and passenger pick-up “Requested Times” will be coordinated between
the Service Provider and the Foothills Gateway Transportation Coordinator.
D.4. Drivers shall pick-up passengers who are on the manifest on their DriverMate tablet.
Any additional passengers must appear on the DriverMate manifest. Any requested
additions at the pick-up locations must be approved by the Service Provider
Dispatch. Only passengers who are participants in the FHG program shall be
transported. Dispatchers will have access to this information in Trapeze PASS.
D.5. Drivers shall assist passengers from the residence and Foothills Gateway
designated door to the vehicle and from the vehicle to the door, providing the same
level of “door-to-door” assistance as required by section A.C.2.1, Paratransit
Operating Standards.
D.6. Drivers shall assist and ensure that ambulatory passengers are safely in their seats
and have their seatbelts secured.
D.7. Drivers shall assist and ensure that non-ambulatory passengers have four (4)
wheelchair securements properly secured from their wheelchair to the vehicle and
that the seatbelt and shoulder strap are properly in place. Shoulder straps must be
offered to the passenger and are at the passenger’s discretion. If the driver believes
there is a safety issue for a passenger who cannot sit upright or lacks control of their
upper body, a shoulder strap shall be secured.
D.8. Each trip to or from Foothills Gateway will have a designated door for the drop-off
location and shall be coordinated between the Service Provider and the Foothills
Gateway Transportation Coordinator. This location will appear on the driver’s
DriverMate Tablet. Drivers shall assist passengers to and from the designated door
and inform Foothills Gateway staff at the door that they are dropping off passengers.
It is highly recommended, but not required that Service Provider Dispatch call ahead
to Foothills Gateway to inform staff of the estimated time of arrival to and from
Foothills Gateway to help prepare Foothills Gateway staff to assist the driver.
E. AM TRIPS
E.1. AM trips are expressly intended to pick-up passengers from their place of residence
and drop them off at Foothills Gateway. Except for emergencies, no diversions from
this intent shall be allowed without prior authorization by the City.
E.2. Drivers are not permitted to arrive at passenger residences prior to the beginning of
the 15-minute pick-up window.
E.3. Drivers shall wait for a maximum of five (5) minutes at each pick-up location. This
five (5) minute window begins when the driver pushes the “arrive” button on the
DriverMate tablet. The driver must attempt to make contact at the door of the
passenger’s residence. If the driver does not make contact or if the passenger has
not exited their residence within five (5) minutes, the driver will push the “No Show”
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button on the DriverMate tablet and depart for the next location. Drivers shall not
return to pick-up passengers who were determined to have been a “No Show”.
E.4. Drivers shall transport all passengers to Foothills Gateway with no interim stops
other than to pick-up designated individuals on the manifest.
F. PM TRIPS
F.1. PM trips are expressly intended to pick-up passengers from Foothills Gateway and
drop them off at their place of residence. Except for emergencies, no diversions from
this intent will be allowed without prior authorization by the City.
F.2. Passengers on each trip manifest will have a common “Requested Time” for their
pick-up. Drivers for each trip will arrive at Foothills Gateway at the beginning of the
pick-up window for their manifest.
F.3. Drivers will wait until passengers have begun to exit the facility. Once drivers have
boarded all passengers from their manifest who have left the facility, the driver shall
wait an additional five (5) minutes from the time of the last passenger who has
boarded. Drivers will mark any passengers who have not boarded within that five
(5) minute period as a “No Show” on their DriverMate tablet. In the event there is a
pattern of group “No Shows” this will be reported to the City Contract Manager within
one (1) week so steps can be taken to coordinate with Foothills Gateway and the
Service Provider to help avoid further “No Show” trends.
F.4. Drivers will transport all passengers to their residences with no interim stops other
than to pick-up designated individuals on the manifest.
G. LEASED VEHICLES
G.1. The City will lease the following three (3) vehicles to the Service Provider to use for
FHG program at a rate of $50 per vehicle per year.
G.1.1. Unit 20410 – 2007 Ford Senator E350 VIN 1FDWE3SSX6DB2838
G.1.2. Unit 20711 – 2007 Ford Senator E350 VIN 1FDWE35S86DB33089
G.1.3. Unit 20403 – 2001 Ford F450 Cutaway VIN 1FDXE45S3YHB99118
G.2. Lease Return Criteria
G.2.1. A thorough inspection shall be made on each vehicle and existing damage
will be noted and placed on file, signed by the Lessee as well as City staff.
Below are examples of excess wear and tear:
G.2.1.1. Interior
G.2.1.1.1 Any burn holes Tears greater than one-inch (1”)
G.2.1.1.2 Any stains that cannot be removed
G.2.1.1.3 Cigarette smoke odor (No smoking allowed inside the
vehicles)
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G.2.1.2. Exterior
G.2.1.2.1 Damage to frame structure that affects the integrity of
the vehicle
G.2.1.2.2 Scratches that go through the paint
G.2.1.2.3 Two or more dings per panel
G.2.1.2.4 Dents greater than two-inch (2”) diameter
G.2.1.2.5 A cracked, pitted or broken windshield
G.2.1.2.6 Lights, turn signals, and lamps with broken lenses
G.2.1.3. Tires
G.2.1.3.1 Tire tread depth of less than 3/32”
G.2.1.3.2 Tires that do not meet manufacturer’s guidelines for safe
operation or that are incorrect in size or weight rating
G.2.1.4. Mechanical
G.2.1.4.1 Mechanical or electrical malfunctions-all components
shall be in good mechanical condition, no fluid leaks will
be allowed.
G.2.1.4.2 Inoperable, missing or broken equipment or poor repair
of any damage is also considered excess wear and use.
G.2.2. Upon vehicle return and inspection, any parts and services required to repair
damage that is considered to be in excess of normal wear and tear will be
completed by the City and the Service Provider will be invoiced actual costs.
G.3. Vehicle Configuration
Paratransit vehicles (Body-on-chassis/cutaways) provided by the City shall be used
solely for the FHG program, unless emergent need arises for the DAR or DAT
service. In the event that these vehicles are needed for an emergent purpose, the
Service Provider must track and report the following for the alternate mode(s) used:
total mileage, revenue mileage, total hours and revenue hours. The current
configuration for these vehicles is variable depending on mobility needs. The Service
Provider shall collaborate with the Foothills Gateway Transportation Coordinator to
optimize space and reach capacity in order to transport the largest number of
passengers permitted within the below stated vehicle capacity. The City Contract
Manager will review space utilization to ensure program optimization. The following
configurations are available for each vehicle:
Ambulatory Non-Ambulatory Total Passengers
14 0 14
12 1 13
10 2 12
6 3 9
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H. FARES
Payment for applicable passenger fares will be paid by Foothills Gateway directly to the
City. No fare payment will be made to the Service Provider’s driver. DriverMate manifests
will reflect “No Fare” for all passengers.
I. NO SHOWS
Due to the limited nature of the service, drivers shall not be permitted to return for
passengers deemed “No Shows”. It will be Foothills Gateway sole responsibility to make
arrangements with families and host home providers to provide transportation for
passengers who are “No Shows”.
J. PERSONAL CARE ASSISTANTS (PCAS) AND GUESTS
Personal Care Assistants (PCA) and guests will be permitted and handled in accordance
with sections A.C.4.7.6 and A.C.4.7.7, respectively. PCAs and guests must appear on the
driver’s manifest and must be scheduled exclusively through the Foothills Gateway
Transportation Coordinator.
K. SPECIAL NEEDS
Passengers will have special needs. If passengers demonstrate a safety risk to
themselves or others during the boarding, disembarking or transportation process, the
Service Provider will need to indicate that to the City Contract Manager and inform the
Foothills Gateway Transportation Coordinator. If risky behavior continues, the City will
collaborate with Foothills Gateway to facilitate a replacement with a passenger better
suited for public transportation.
L. MEETINGS
The City Contract Manager will meet with the Service Provider Contract Manager on a bi-
weekly basis or as otherwise mutually agreed to ensure quality provision of service.
Customer service complaints, scheduling concerns, maximization of services rendered
and any miscellaneous issues that arise will be discussed. The Foothills Gateway
Transportation Coordinator will be included in these meetings as needed to ensure service
provided is consistent with the requirements herein.
M. TECHNICAL PROCEDURES
Dispatching and scheduling procedures in Trapeze PASS will be determined
collaboratively between the City Contract Manager and the Service Provider Director of
Operations prior to “Go-Live”. Documentation will be outlined during this process and will
be on file at both the City and Service Provider.
N. PAYMENT OF SERVICE
Payment by the City to the Service Provider shall be based solely on revenue service
hours. Revenue service hours will be variable depending on normal transportation
variables such as but not limited to traffic, dwell times, etc. Each trip is anticipated to be
approximately 90 minutes. While revenue service hours will be variable, the intent of this
program is to provide a minimum of six (6) hours and maximum of seven (7) hours of
revenue service per day. Revenue service begins upon arrival of the first pick-up and ends
upon departure of the last drop-off. This revenue time will be accounted for using Trapeze
PASS, City transit software. Payment of revenue hours will be based on the revenue hours
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calculated in Trapeze PASS and will be summarized in a monthly authorized charges
report.
O. LIQUIDATED DAMAGES
The Foothills Gateway Shuttle program shall not be subject to liquidated damages. The
City reserves the right to negotiate a liquidated damages provision in the event that
Service Provider exhibits a pattern of unsatisfactory performance.
IV. SCOPE OF PROPOSAL RELATED TO BOTH ADA COMPLEMENTARY PARATRANSIT
AND FOOTHILLS GATEWAY SHUTTLE
A. PERSONNEL REQUIREMENTS:
A.1. Driver Pre-hire Qualifications
A.1.1. DMV Record Check
A.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.
A.1.1.2. 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 (CDL), 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.
A.1.1.3. Service Provider shall conduct DMV record checks on all drivers
annually and provide the City with copies of the report.
A.1.2. Criminal History
A.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 than 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:
A.1.2.1.1 Any offense that requires registration of a sex
offender
A.1.2.1.2 Any driving under the influence of drugs or alcohol
violation within the past three (3) years
A.1.2.1.3 Any offense of violence by a person in a position of
trust.
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A.1.2.2. The Service Provider shall make all criminal background checks
for all drivers who perform duties under this contract available to
the City.
A.1.3. Substance Abuse
The Service Provider is required to abide by City of Fort Collins Personnel
Policies and Procedures 8.18: City of Fort Collins Transit System - Substance
Abuse Policy (In Compliance with FTA Regulations) and 49 CFR Part 655
(Attachment E - can be viewed as a separate document).
A.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
the City. 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.
A.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.
B. TRAINING
Service Provider shall maintain a comprehensive training program for all 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.
B.1. Training Curricula: The comprehensive training program shall include, but not be
limited to the following:
B.1.1. Passenger Service and Safety (PASS) certification
B.1.2. Defensive Driving
B.1.3. Substance Abuse (minimum of one-hour training)
B.1.4. Reasonable Suspicion Training for Substance Abuse (minimum of two-hour
training, Supervisors only).
B.1.5. Sexual Harassment Prohibited
B.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.
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B.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.
B.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.
C. OTHER REQUIREMENTS:
C.1. Each driver shall possess and maintain a valid Colorado driver’s license as required
by law. The requirement for drivers to hold a CDL is waived for the FHG program. At
Service Providers discretion a larger bus may be operated with a qualified CDL
operator.
C.2. Service Provider shall supervise drivers and monitor their performance. Any driver
found to be jeopardizing the safety or well-being of a DAR, COLT or FHG passenger
shall be immediately removed from provision of service under this contract. Failure
to do so is grounds for immediate cancellation of this contract.
C.3. Service Provider is required to maintain a list of qualified substitute drivers so that
absenteeism does not affect service provision.
C.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.
C.5. A roster of all drivers who shall be performing service through this contract 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.
C.6. Service Provider shall be required to comply with City of Fort Collins Personnel
Policies and Procedures 8.4: Computer Security and Acceptable Use and 8.5:
Personal Use of Equipment, Supplies, and Internet Access (Attachment E - can be
viewed as a separate document).
C.7. Contract Manager may suspend any Service Provider employee or independent
contractor from the Dial-A-Ride or FHG program with 24-hour notice without cause.
C.8. Contract Manager may terminate any Service Provider employee or independent
contractor from the Dial-A-Ride or FHG program with one-week written notice
without cause.
D. FLEET MANAGEMENT
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D.1. The Service Provider is required to:
D.1.1. Provide all necessary vehicles to provide service for ambulatory and non-
ambulatory passengers for ADA Complementary Paratransit Service.
Vehicles will be leased to Service Provide for FHG Program.
D.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 shall be performed
within 10% of the scheduled interval.
D.1.3. Maintain all tablet related equipment in good working order and maintain
proper connectivity.
D.1.4. Maintain proper insurance (see Insurance section of this RFP).
D.1.5. Provide necessary fuel, spare parts and supplies at the Service Providers
expense.
D.1.6. Provide necessary maintenance for two-way radios.
D.1.7. Notify the Contract Manager when adding or removing vehicles from service
under this contact.
D.1.8. Provide a maintenance facility with the proper tools and equipment needed
to safely maintain the fleet. The facility, equipment, and vehicle records shall
be available for inspection by City staff upon request.
D.2. The Service Provider shall provide all vehicles and, at its cost, shall ensure that all
vehicles meet the following standards:
D.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.
D.2.2. The Service Provider shall have an adequate spare vehicle ratio and an
established procedure to provide backup vehicles immediately as needed.
D.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.
D.2.4. Each vehicle shall have a functioning two-way radio.
D.2.5. Each vehicle shall have a functioning tablet compatible with Trapeze
DriverMate mobile computing software with both Data and Automatic Vehicle
Locator (AVL) antennae intact.
D.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. CFC reserves
the right to inspect vehicles before or during operation on any day. Any
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vehicle failing to meet standards shall be immediately brought up to
standards or a suitable replacement put into immediate service.
D.2.7. Vehicles shall have a minimum capacity of 3 passengers.
D.2.7.1. Vehicles shall also have sufficient cargo space for walkers, canes,
4 bags of groceries, etc.
D.2.7.2. In addition, there shall be sufficient wheelchair accessible
vehicles provided in order to transport non-ambulatory
passengers. Non-ambulatory passengers may account for up to
one-third (1/3) of all ridership during all service hours.
D.2.8. Wheelchair 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.
D.2.9. Wheelchair securements shall be kept clean and in good repair and are
subject to inspection by City maintenance staff.
D.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 (DOT) regulations.
D.2.11. Each vehicle shall be equipped at a minimum with an approved fire
extinguisher, emergency reflective triangles and an approved biohazard kit.
D.2.12. All vehicles shall have company identified and include DOT and Public
Utilities Company (PUC) markings when appropriate.
D.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.
D.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
clients of DAR, COLT, or FHG with other passengers outside the scope of
this contract).
D.2.15. The Service Provider shall provide a current roster of all vehicles being
utilized for revenue service in the DAR 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.
E. NATIONAL TRANSIT DATABASE (NTD) REPORTING
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E.1. The City submits annual transit reporting information to the National Transit
Database (NTD) and will rely on the Service Provider to supply data as required by
NTD for contractual relationships. Full reporting requirements are defined each
Report Year in the NTD Policy Manual (to be supplied upon request by the City
Contract Manager).
E.2. Service Provider is required to submit requested data to the City Contract Manager
annually by February 28.
F. COLLISION, PASSENGER INJURY AND INCIDENT REPORTING
F.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 DAR or FHG
client is entering, leaving or in said vehicle.
F.2. Passenger Injury: A passenger injury is defined to include any time a DAR or FHG
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.
F.3. General/Bystander Injury: A general/bystander injury is defined to include any time
a person who is not a Service Provider employee or a DAR or FHG passenger is
hurt or suspected of being hurt while such person by a vehicle operated by the
Service Provider during revenue service.
F.4. 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.
F.5. All collisions and incidents shall be reported to the City within (one) 1 hour, by
contacting Transfort Dispatch at (970) 224-6095. Any serious incidents resulting in
injury and/or persons are transported to a hospital shall be reported verbally to City
Contract Manager immediately. A complete and written report shall be submitted
within 3 business days, utilizing the “Investigating Supervisor’s Collision or Injury
Report” form (Attachment F). Reports may be submitted in either electronic or hard
copy form, to City Contract Manager.
F.6. The Service Provider shall provide the City with a detailed explanation of its
procedures for the following:
F.6.1. Vehicle collision/passenger injury response
F.6.2. Collision/Injury Investigation
F.6.3. Determination of Preventability
V. SCOPE OF PROPOSAL – RELATED TO “DIAL-A-TAXI” VOUCHER PROGRAM
The intent of the Voucher Program is to help offset the costs of taxi trips for eligible DAR and
COLT passengers and to expand the services available to American with Disabilities Act
(ADA) eligible passengers beyond the service required by the ADA.
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Taxi trips are expressly regulated by the Colorado Public Utilities Commission (PUC) and as
such, the City does not claim regulatory authority over the governance or operation of taxi
service. This arrangement will allow the City to fund a portion of the PUC meter rate for
normal taxi trips provided by the Service Provider. While the City will only pay for services
that meet the stated criteria for eligible trips, the City makes no claim or guarantee to enforce
service availability. However, the Service Provider shall collaborate with the City in its
marketing campaigns, outreach and operational procedures to help encourage the utilization
of the budgeted funds available to eligible passengers.
It is important to note that the City’s relationship to the Service Provider only applies to the
subsidization of the trips. The City is not requesting the operation of a new service but rather,
to accept the City’s subsidy for normal taxi service.
A. Eligibility
A.1. Passengers who are active DAR or COLT clients regardless of ADA status will be
eligible to participate in the Voucher Program.
A.2. Trips must originate within the DAR or COLT service area. Trips returning to the
service area must be linked to a trip that originated from within the service area.
B. Reservations
B.1. There will be a daily limit on the number of vouchers that can be used. This number
will be periodically adjusted by the City based on utilization. The City will supply the
Service Provider with a dynamic report to access the daily limit.
B.2. Passengers calling in to reserve a trip using the Voucher Program will do so on a
first come, first serve basis. Once the daily limit for the day of the request has been
reached, no more reservations may be made using the Voucher Program for that
day.
B.3. There are no limitations on negotiations of pick-up times; this will be at the
discretion of the Service Provider.
B.4. Reservations will be made by calling the DAR reservation line from 8:00 am to 5:00
pm Monday through Sunday. Reservation requests made via voicemail do not
guarantee availability. However, service is first come, first serve and earlier
requests will have a higher priority than later requests.
B.5. Passengers may call to request service between 8:00 am and 5:00 pm the day prior
to service or on the day the trip is needed.
B.6. Ambulatory and non-ambulatory passengers may make requests for service
utilizing the Voucher Program. While not required, it will be recommended to non-
ambulatory passengers to make reservation requests at least a day in advance to
ensure accessible vehicles are available.
B.7. Subscription trips will not be allowed.
B.8. The Service Provider shall use Trapeze PASS, City Transit Software to log trip
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requests. Schedule trip pick-up and drop-off times, cancellations and odometer
readings will be manually entered by Service Provider Dispatchers into Trapeze
PASS.
B.9. Vouchers may be used any time the Service Provider has taxi trips available,
twenty-four (24) hours per day, seven (7) days per week as long as requests were
made within the prescribed times outlined.
B.10. The Service Provider agrees to waive the PUC sanctioned “Additional Passenger”
rate for Personal Care Assistants (PCA’s) and up to one guest.
B.11. The Service Provider shall waive the PUC sanctioned “Clean Up Charge”.
C. Voucher Methodology
C.1. Voucher coupons will be supplied by the Service Provider and will include:
C.1.1. Date
C.1.2. Customer Name
C.1.3. Customer Signature
C.1.4. Pick-Up Address
C.1.5. Drop-Off Address
C.1.6. Driver Name
C.1.7. Driver ID
C.1.8. Cab Number
C.1.9. Mileage of Trip
C.1.10. Pick-Up Time
C.1.11. Drop-Off Time
C.1.12. Confirmation Number
C.1.13. Meter Amount
C.1.14. Subsidized Amount
C.1.15. Token/Ticket Amount
C.1.16. Remained Balance Owed (By Passenger)
C.1.17. Account Number
C.2. Service Provider shall fill-out the coupon in its entirety and ensure that the passenger
signs in the “Customer Signature” field. Signatures will be reviewed by City staff for
validity in order to ensure services were delivered.
C.3. Passengers will pay $2.50 to the driver upon entering the vehicle. The City will pay
the Service Provider $17.50 to subsidize the trip. The combination of the passenger’s
initial fare and the City subsidy, for a total of $20.00, will go towards the taxi meter.
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Any additional charges beyond $20.00 will be paid by the passenger.
D. Cancellation, No Show Policy and Suspensions
Cancellations, “No Shows” and suspensions will be tracked in Trapeze PASS for reporting
purposes. The Service Provider shall apply its normal service policies and will be handled
between the passenger and the Service Provider.
E. Billing
E.1. The Service Provider shall submit the completed and signed vouchers to City staff on
a biweekly basis for review and validation.
E.2. The City Contract Manager will discuss any questionable signatures with the Service
Provider Contract Manager.
E.3. Upon validation of each voucher, the City will submit an “authorized charges” report
to the Service Provider at the beginning of each month for the previous month.
E.4. The Service Provider will invoice the City for the full amount of the subsidy ($17.50)
for each validated trip provided.
VI. GENERAL PROPOSAL INFORMATION & GUIDELINES
A. Anticipated Schedule
The following represents the City’s the target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance:
• Question deadline:
• Proposal due date:
• Interviews (tentative):
• Award of Contract (tentative):
September 28, 2018
5:00 PM MST on October 17, 2018
3:00 MST (our clock) on October 26, 2018
Week of November 26, 2018
December 2018
B. Interviews
In addition to submitting a written proposal, the top-rated Vendors may be interviewed by
the City of Fort Collins and asked to do an oral presentation about their company and
approach to the project. The evaluation criteria for the oral interviews will be the same as
the criteria for the written evaluations and is included in Section IV.
C. Proposal Format
Please limit the total length of your proposal to a maximum of twenty-five (25) double sided
or fifty (50) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers
and Vendor Statement form). Font shall be a minimum of 10 Arial and margins are limited
to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count
as a single page. Please, no embedded documents. Proposals that do not conform to
these requirements may be rejected.
D. Current standards
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All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances. All work shall be performed in accordance with ANSI
Z133.1 A300 and applicable OSHA and AWWA Standards.
E. Fees, Licenses, Permits
The successful vendor shall be responsible for obtaining any necessary licenses, fees or
permits without additional expense to the City. All equipment shall be properly licensed
and insured, carry the appropriate permits and be placarded as required by law.
F. Laws and Regulations
The Vendor agrees to comply fully with all applicable State of Colorado and Federal laws
and regulations and municipal ordinances.
VII. PROPOSAL SUBMITTAL
For this section, Vendors are required to provide detailed written responses to the following
items in the order outlined below. The responses shall be considered technical offers of what
Vendors propose to provide and shall be incorporated in the contract award as deemed
appropriate by the City. A proposal that does not include all the information required may be
deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the Vendors
include each of the City’s questions with their response immediately following the question.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Vendor Information
1. Describe the Vendor’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s). Complete Section V,
Vendor Statement.
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C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion. Include a description
regarding how the analysis will be performed for the various identified areas
identified, the methods and assumptions used, and the limitations of the analysis.
3. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other parties.
4. Identify what portion of work, if any, may be subcontracted.
D. Firm Capability
Provide relevant information regarding previous experience related to this or similar
Projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and sub consultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the consulting services described above.
3. Provide a minimum of three similar projects with public agencies in the last 5 years
that have involved the staff proposed to work on this project. Include the owner’s
name, title of project, beginning price, ending price, contact name, email and phone
number, sub-consultants on the team and a brief description of the work and any
change orders.
4. Provide examples of at least two projects where you’ve worked with your sub-
consultants. List the sub-consultant firm(s) for this Agreement, their area(s) of
expertise, and include all other applicable information herein requested for each sub-
consultant. Identify what portion of work, if any, may be sub-contracted.
5. References (current contact name, current telephone number and email address)
from at least three similar projects with similar requirements that have been
completed within the past five (5) years and that have involved the staff proposed to
work on this project. Provide a description of the work performed. The Vendor
authorizes City to verify any and all information contained in the Vendor’s submittal
from references contained herein and hereby releases all those concerned providing
information as a reference from any liability in connection with any information they
give.
E. Assigned Personnel
1. List of Project Personnel: This list should include the identification of the contact
person with primary responsibility for this Agreement, the personnel proposed for this
Agreement, and any supervisory personnel, including partners and/or sub
consultants, and their individual areas of responsibility.
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2. A resume for each professional and technical person assigned to the Agreement,
including partners and/or sub consultants, shall be submitted. Please limit resumes
to one page.
3. Some functions of this project may require the use of sub-consultants. If you intend
to utilize sub-consultants you must list each and provide resumes for their key
personnel.
4. Describe the availability of project personnel to participate in this project in the
context of the contractor firm’s other commitments.
5. Provide a list of similar projects completed in the last five (5) years by the key
members of the proposed team.
F. Availability
1. Can the work be completed in the necessary timeframe, with target start and
completion dates met?
2. Are other qualified personnel available to assist in meeting the project schedule if
required?
3. Is the project team available to attend meetings as required by the Scope of Work?
4. Provide an outline of the schedule for completing tasks.
5. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other parties.
G. Cost and Work Hours
In your response to this proposal, please provide the following:
1. Completed Attachment C – Fee Schedule
H. Additional Information
Provide any information that distinguishes vendor from its competition and any additional
information applicable to this RFP that might be valuable in assessing vendor’s proposal.
Explain any concerns vendor may have in maintaining objectivity in recommending the
best solution. All potential conflicts of interest must be disclosed.
Exceptions to the Scope of Services and City Agreement (a sample of which is
attached in Section X) shall be documented.
VIII. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Vendors will be evaluated on the following criteria. These criteria will be the basis for
review and assessment of the written proposals and optional interview session. At the
discretion of the City, interviews of the top-rated vendors may be conducted.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating,
and 5 being an outstanding rating.
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WEIGHTING
FACTOR QUALIFICATION STANDARD
2.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the specifications, Scope of Work,
or agreement?
2.0 Firm Capability
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope?
2.0 Assigned Personnel
Do the persons who will be working on the
project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
1.0 Availability
Can the work be completed in the necessary
time? Can the target start and completion dates
be met? Are other qualified personnel available
to assist in meeting the project schedule if
required? Is the project team available to attend
meetings as required by the Scope of Work?
2.0 Cost & Work Hours
Does the proposal included detailed cost break-
down for each cost element as applicable and
are the line-item costs competitive? Do the
proposed cost and work hours compare
favorably with the Project Manager's estimate?
Are the work hours presented reasonable for the
effort required by each project task or phase?
Definitions
Sustainable Purchasing is a process for selecting products or services that have a lesser
or reduced negative effect on human health and the environment when compared with
competing products or services that serve the same purpose. This process is also known
as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”.
The Triple Bottom Line (TBL) is an accounting framework that incorporates three
dimensions of performance: economic, or financial; environmental, and social. The
generally accepted definition for TBL is that it “captures the essence of sustainability by
measuring the impact of an organization’s activities on the world…including both its
profitability and shareholders values and its social, human, and environmental capital.”
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B. Reference Evaluation Criteria
Prior to award, the Project Manager will check references using the following criteria.
Negative responses from references may impact the award determination.
CRITERIA STANDARD QUESTIONS
Overall Performance Would you hire this vendor again? Did they show
the skills required by this project?
Timetable
Was the original Scope of Work completed within the
specified time? Were interim deadlines met in a
timely manner?
Completeness
Was the vendor responsive to client needs; did the
vendor anticipate problems? Were problems solved
quickly and effectively?
Budget Was the original Scope of Work completed within the
project budget?
Job Knowledge
If a study, did it meet the Scope of Work?
If vendor administered a construction contract, was
the project functional upon completion and did it
operate properly? Were problems corrected quickly
and effectively?
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IX. VENDOR STATEMENT
Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and
other provisions set forth in the RFP. Additionally, Vendor hereby makes the following
representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Vendor’s knowledge and belief.
b. Vendor commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Vendor further agrees that the method of award is acceptable.
e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins
within 30 days of notice of award. If contract is not completed and signed within 30 days,
City reserves the right to cancel and award to the next highest rated firm.
f. Vendor acknowledge receipt of addenda.
Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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Official Purchasing Document
Last updated 10/2017
X. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance with the
scope of services attached hereto as Exhibit A, consisting of ( ) page(s) and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, Service Provider shall be solely responsible for performance of all
duties hereunder.
2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule attached hereto as Exhibit ,
consisting of ( ) page(s), and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within ( ) days following execution
of this Agreement. Services shall be completed no later than . Time is of the essence.
Any extensions of the time limit set forth above must be agreed upon in a writing signed by
the parties.
4. Contract Period. This Agreement shall commence , 20 , and shall continue in
full force and effect until , 20 , unless sooner terminated as herein provided. In
addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed ( ) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. Written notice of renewal
shall be provided to the Service Provider and mailed no later than thirty (30) days prior to
contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence, then
the party so prevented shall be excused from whatever performance is prevented by such
cause. To the extent that the performance is actually prevented, the Service Provider must
provide written notice to the City of such condition within fifteen (15) days from the onset of
such condition.
6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
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termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days
prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this Agreement shall be effective when mailed,
postage prepaid and sent to the following addresses:
Service Provider: City: Copy to:
Attn:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
7. Contract Sum. The City shall pay the Service Provider for the performance of this Contract,
subject to additions and deletions provided herein, ($ ) as per the attached
Exhibit " ", consisting of page(s), and incorporated herein by this reference.
8. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All requests
concerning this agreement shall be directed to the City Representative.
9. Independent Service provider. The services to be performed by Service Provider are those
of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or
for any other purpose.
10. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of
the City), then the following provisions shall apply: (a) the subcontractor must be a reputable,
qualified firm with an established record of successful performance in its respective trade
performing identical or substantially similar work, (b) the subcontractor will be required to
comply with all applicable terms of this Agreement, (c) the subcontract will not create any
contractual relationship between any such subcontractor and the City, nor will it obligate the
City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor
will be subject to inspection by the City to the same extent as the work of the Service
Provider.
11. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
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responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this
Agreement.
13. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for work
of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, labor and other work, provided under
this Agreement, except City-furnished materials, equipment and labor, against defects
and nonconformances in design, materials and workmanship/workwomanship for a
period beginning with the start of the work and ending twelve (12) months from and after
final acceptance under the Agreement, regardless whether the same were furnished or
performed by Service Provider or by any of its subcontractors of any tier. Upon receipt
of written notice from City of any such defect or nonconformances, the affected item or
part thereof shall be redesigned, repaired or replaced by Service Provider in a manner
and at a time acceptable to City.
14. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default thereof.
15. Remedies. In the event a party has been declared in default, such defaulting party shall be
allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement
and seek damages; (b) treat the Agreement as continuing and require specific performance;
or (c) avail himself of any other remedy at law or equity. If the non-defaulting party
commences legal or equitable actions against the defaulting party, the defaulting party shall
be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees
and costs incurred because of the default.
16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
17. Indemnity/Insurance.
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a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents
and employees against and from any and all actions, suits, claims, demands or liability
of any character whatsoever brought or asserted for injuries to or death of any person
or persons, or damages to property arising out of, result from or occurring in connection
with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit ,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
The Service Provider before commencing services hereunder, shall deliver to the City's
Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a
certificate evidencing the insurance coverage required from an insurance company
acceptable to the City.
18. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
19. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of
this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction,
such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public Law
208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of Homeland
Security (the “e-Verify Program”) or the Department Program (the “Department
Program”), an employment verification program established pursuant to Section 8-
17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired
employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
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c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Service Provider
shall:
1. Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor does not cease employing
or contracting with the illegal alien; except that Service Provider shall not terminate
the contract with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not knowingly employed
or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado Department
of Labor and Employment (the “Department”) made in the course of an investigation that
the Department undertakes or is undertaking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
21. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of one
(1) page, attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER'S NAME
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT
(BID SCHEDULE/COMPENSATION)
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EXHIBIT
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits
and will not be cancelled, except after thirty (30) days written notice has been
received by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider 's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
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EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or relate
to the City or its employees, customers or suppliers, which access is related to the performance
of services that the Service Provider has agreed to perform, the Service Provider hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service Provider
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the City).
The Service Provider shall not disclose any such information to any person not having a legitimate
need-to-know for purposes authorized by the City. Further, the Service Provider shall not use
such information to obtain any economic or other benefit for itself, or any third party, except as
specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have
no obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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EXHIBIT
FEDERAL TRANSIT ADMINISTRATION
FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES
(1) NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not
a party to that contract) pertaining to any matter resulting from the underlying contract.
(2) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
(31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307)
Program Fraud and False or Fraudulent Statements or Related Acts.
1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program
Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project.
Upon execution of the underlying contract, the Contractor certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or
causes to be made, pertaining to the underlying contract or the FTA assisted project for
which this contract work is being performed. In addition to other penalties that may be
applicable, the Contractor further acknowledges that if it makes, or causes to be made,
a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal
Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.
2. The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C.
§ 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001
and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government
deems appropriate.
3. The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.
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(3) ACCESS TO RECORDS AND REPORTS
(49 U.S.C. 5325, 18 CFR 18.36 (i), 49 CFR 633.17)
Access to Records - The following access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or
a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor
agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the
United States or any of their authorized representatives access to any books,
documents, papers and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts and transcriptions.
Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator
or his authorized representatives including any PMO Contractor access to Contractor's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the
Purchaser, the FTA Administrator or his authorized representatives, including any PMO
Contractor, access to the Contractor's records and construction sites pertaining to a
major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial
assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By
definition, a major capital project excludes contracts of less than the simplified
acquisition threshold currently set at $100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase
or under the simplified acquisition threshold and is an institution of higher education, a
hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the
Purchaser, FTA Administrator, the Comptroller General of the United States or any of
their duly authorized representatives with access to any books, documents, papers and
record of the Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient
in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or
improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding,
the Contractor shall make available records related to the contract to the Purchaser, the
Secretary of Transportation and the Comptroller General or any authorized officer or
employee of any of them for the purposes of conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of termination
or expiration of this contract, except in the event of litigation or settlement of claims
arising from the performance of this contract, in which case Contractor agrees to
maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
7. FTA does not require the inclusion of these requirements in subcontracts.
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Requirements for Access to Records and Reports by Types of Contract
Contract Characteristics
Operational
Service
Contract
Turnkey Construction Architectural
Engineering
Acquisition of
Rolling Stock
Professional
Services
I State Grantees
a. Contracts below SAT
($100,000) None
Those imposed
on state pass
thru to
Contractor
None None None None
b. Contracts above
$100,000/Capital Projects
None unless1
non-competitive
award
Yes, if non-
competitive
award or if
funded thru2
5307/5309/5311
None unless
non-competitive
award
None unless
non-competitive
award
None unless
non-competitive
award
II Non State Grantees
a. Contracts below SAT
($100,000) Yes
3 Those imposed
on state pass
thru to
Contractor
Yes Yes Yes Yes
b. Contracts above
$100,000/Capital Projects Yes
3 Yes Yes Yes Yes
Sources of Authority:
1 49 USC 5325 (a)
2 49 CFR 633.17
3 18 CFR 18.36 (i)
(4) FEDERAL CHANGES
(49 CFR Part 18)
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by
reference in the Master Agreement between Purchaser and FTA, as they may be amended
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a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C.
§ 5332, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order
No. 11246, "Equal Employment Opportunity," as amended by Executive Order No.
11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect
construction activities undertaken in the course of the Project. The Contractor
agrees to take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, creed,
national origin, sex, or age. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act,"
29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
3. The Contractor also agrees to include these requirements in each subcontract financed
in whole or in part with Federal assistance provided by FTA, modified only if necessary
to identify the affected parties.
(6) INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(FTA Circular 4220.1E)
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
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(name of grantee) requests which would cause (name of grantee) to be in violation of the
FTA terms and conditions.
(7) ENERGY CONSERVATION REQUIREMENTS
(42 U.S.C. 6321 et seq. 49 CFR Part 18)
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation
plan issued in compliance with the Energy Policy and Conservation Act.
(8) TERMINATION
(49 U.S.C. Part 18 FTA Circular 4220.1E)
a. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the
contract is for services, the Contractor fails to perform in the manner called for in the
contract, or if the Contractor fails to comply with any other provisions of the contract, the
(Recipient) may terminate this contract for default. Termination shall be effected by
serving a notice of termination on the contractor setting forth the manner in which the
Contractor is in default. The contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner of
performance set forth in the contract.
If it is later determined by the (Recipient) that the Contractor had an excusable reason
for not performing, such as a strike, fire, or flood, events which are not the fault of or are
beyond the control of the Contractor, the (Recipient), after setting up a new delivery of
performance schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in
the case of a termination for breach or default, allow the Contractor [an appropriately
short period of time] in which to cure the defect. In such case, the notice of termination
will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of
the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by
Contractor of written notice from (Recipient) setting forth the nature of said breach or
default, (Recipient) shall have the right to terminate the Contract without any further
obligation to Contractor. Any such termination for default shall not in any way operate
to preclude (Recipient) from also pursuing all available remedies against Contractor and
its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this
Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any
succeeding breach of that or of any other term, covenant, or condition of this Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) The
(Recipient), by written notice, may terminate this contract, in whole or in part, when it is
in the Government's interest. If this contract is terminated, the Recipient shall be liable
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only for payment under the payment provisions of this contract for services rendered
before the effective date of termination.
(9) GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the City of
Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to the City of Fort Collins, the
Federal Government may pursue available remedies, including but not limited to suspension
and/or debarment. The bidder or proposer agrees to comply with the requirements of 49
CFR 29, Subpart C while this offer is valid and throughout the period of any contract that
may arise from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions.
(10) BREACHES AND DISPUTE RESOLUTION
(49 CFR Part 18FTA Circular 4220.1E)
Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of
(Recipient)'s [title of employee]. This decision shall be final and conclusive unless within
[ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise
furnishes a written appeal to the [title of employee]. In connection with any such appeal, the
Contractor shall be afforded an opportunity to be heard and to offer evidence in support of
its position. The decision of the [title of employee] shall be binding upon the Contractor and
the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person
or property because of any act or omission of the party or of any of his employees, agents
or others for whose acts he is legally liable, a claim for damages therefor shall be made in
writing to such other party within a reasonable time after the first observance of such injury
of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the (Recipient) and the Contractor arising out of or
relating to this agreement or its breach will be decided by arbitration if the parties mutually
agree, or in a court of competent jurisdiction within the State in which the (Recipient) is
located.
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Rights and Remedies - The duties and obligations imposed by the Contract Documents
and the rights and remedies available thereunder shall be in addition to and not a limitation
of any duties, obligations, rights and remedies otherwise imposed or available by law. No
action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver
of any right or duty afforded any of them under the Contract, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except as
may be specifically agreed in writing.
(11) LOBBYING
(31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20)
Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors
are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying
Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on
Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section
7, which provides that contractors file the certification required by 49 CFR Part 20,
Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B
of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions
on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix
A.
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] -
Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under
the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-
Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C.
1352. Such disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
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employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form--LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions [as amended
by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1/19/96). Note: Language in paragraph (2) herein has been modified in accordance
with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2
U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by
the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such
expenditure or failure.]
The Contractor, ________________ ___, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In
addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et
seq., apply to this certification and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
(12) CLEAN AIR
(42 U.S.C. 7401 et seq, 40 CFR 15.61, 49 CFR Part 18)
Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et
seq. The Contractor agrees to report each violation to the Purchaser and understands
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and agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
(13) CLEAN WATER REQUIREMENTS
(33 U.S.C. 1251)
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33
U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser
and understands and agrees that the Purchaser will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
(14) TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS
(49 U.S.C. § 5310, § 5311, and § 5333 29 CFR Part 215)
Transit Employee Protective Provisions.
(1) The Contractor agrees to the comply with applicable transit employee protective
requirements as follows:
(a) General Transit Employee Protective Requirements - To the extent that FTA
determines that transit operations are involved, the Contractor agrees to carry out
the transit operations work on the underlying contract in compliance with terms and
conditions determined by the U.S. Secretary of Labor to be fair and equitable to
protect the interests of employees employed under this contract and to meet the
employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines
at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions
are identified in the letter of certification from the U.S. DOL to FTA applicable to the
FTA Recipient's project from which Federal assistance is provided to support work
on the underlying contract. The Contractor agrees to carry out that work in
compliance with the conditions stated in that U.S. DOL letter. The requirements of
this subsection (1), however, do not apply to any contract financed with Federal
assistance provided by FTA either for projects for elderly individuals and individuals
with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for
nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those
projects are set forth in subsections (b) and (c) of this clause.
(b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §
5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract
involves transit operations financed in whole or in part with Federal assistance
authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation
has determined or determines in the future that the employee protective
requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and
the public body subrecipient for which work is performed on the underlying contract,
the Contractor agrees to carry out the Project in compliance with the terms and
conditions determined by the U.S. Secretary of Labor to meet the requirements of
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49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any
amendments thereto. These terms and conditions are identified in the U.S. DOL's
letter of certification to FTA, the date of which is set forth Grant Agreement or
Cooperative Agreement with the state. The Contractor agrees to perform transit
operations in connection with the underlying contract in compliance with the
conditions stated in that U.S. DOL letter.
(c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §
5311 in Nonurbanized Areas - If the contract involves transit operations financed in
whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the
Contractor agrees to comply with the terms and conditions of the Special Warranty
for the Nonurbanized Area Program agreed to by the U.S. Secretaries of
Transportation and Labor, dated May 31, 1979, and the procedures implemented by
U.S. DOL or any revision thereto.
(2) The Contractor also agrees to include the any applicable requirements in each
subcontract involving transit operations financed in whole or in part with Federal
assistance provided by FTA.
(15) CHARTER BUS REQUIREMENTS
(49 U.S.C. 5323(d), 49 CFR Part 604)
Charter Service Operations - The contractor agrees to comply with 49 U.S.C. 5323(d) and
49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are
prohibited from providing charter service using federally funded equipment or facilities if
there is at least one private charter operator willing and able to provide the service, except
under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of
the exceptions must be "incidental," i.e., it must not interfere with or detract from the
provision of mass transportation.
(16) SCHOOL BUS REQUIREMENTS
(49 U.S.C. 5323(F), 49 CFR Part 605)
School Bus Operations - Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients
and subrecipients of FTA assistance may not engage in school bus operations exclusively
for the transportation of students and school personnel in competition with private school
bus operators unless qualified under specified exemptions. When operating exclusive
school bus service under an allowable exemption, recipients and subrecipients may not use
federally funded equipment, vehicles, or facilities.
(17) DRUG AND ALCOHOL TESTING
(49 U.S.C. §5331, 49 CFR Parts 653 and 654)
Introduction
FTA's drug and alcohol rules, 49 CFR 653 and 654, respectively, are unique among the
regulations issued by FTA. First, they require recipients to ensure that any entity performing
a safety-sensitive function on the recipient's behalf (usually subrecipients and/or
contractors) implement a complex drug and alcohol testing program that complies with Parts
653 and 654. Second, the rules condition the receipt of certain kinds of FTA funding on the
recipient's compliance with the rules; thus, the recipient is not in compliance with the rules
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unless every entity that performs a safety-sensitive function on the recipient's behalf is in
compliance with the rules. Third, the rules do not specify how a recipient ensures that its
subrecipients and/or contractors comply with them.
How a recipient does so depends on several factors, including whether the contractor is
covered independently by the drug and alcohol rules of another Department of
Transportation operating administration, the nature of the relationship that the recipient has
with the contractor, and the financial resources available to the recipient to oversee the
contractor's drug and alcohol testing program. In short, there are a variety of ways a
recipient can ensure that its subrecipients and contractors comply with the rules.
Therefore, FTA has developed three model contract provisions for recipients to use "as is"
or to modify to fit their particular situations.
Explanation of Model Contract Clauses
Under Option 1, the recipient ensures the contractor's compliance with the rules by requiring
the contractor to participate in a drug and alcohol program administered by the recipient.
The advantages of doing this are obvious: the recipient maintains total control over its
compliance with 49 CFR 653 and 654. The disadvantage is that the recipient, which may
not directly employ any safety-sensitive employees, has to implement a complex testing
program. Therefore, this may be a practical option only for those recipients which have a
testing program for their employees, and can add the contractor's safety-sensitive
employees to that program.
Under Option 2, the recipient relies on the contractor to implement a drug and alcohol testing
program that complies with 49 CFR 653 and 654, but retains the ability to monitor the
contractor's testing program; thus, the recipient has less control over its compliance with the
drug and alcohol testing rules than it does under option 1. The advantage of this approach
is that it places the responsibility for complying with the rules on the entity that is actually
performing the safety-sensitive function. Moreover, it reserves to the recipient the power to
ensure that the contractor complies with the program. The disadvantage of Option 2 is that
without adequate monitoring of the contractor's program, the recipient may find itself out of
compliance with the rules.
Under option 3, the recipient specifies some or all of the specific features of a contractor's
drug and alcohol compliance program. Thus, it requires the recipient to decide what it wants
to do and how it wants to do it. The advantage of this option is that the recipient has more
control over the contractor's drug and alcohol testing program, yet it is not actually
administering the testing program. The disadvantage is that the recipient has to specify and
understand clearly what it wants to do and why.
Drug and Alcohol Testing
Option 1
The contractor agrees to:
(a) participate in (grantee's or recipient's) drug and alcohol program established in
compliance with 49 CFR 653 and 654.
Drug and Alcohol Testing
Option 2
The contractor agrees to establish and implement a drug and alcohol testing program that
complies with 49 CFR Parts 653 and 654, produce any documentation necessary to
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establish its compliance with Parts 653 and 654, and permit any authorized representative
of the United States Department of Transportation or its operating administrations, the State
Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities
and records associated with the implementation of the drug and alcohol testing program as
required under 49 CFR Parts 653 and 654 and review the testing process. The contractor
agrees further to certify annually its compliance with Parts 653 and 654 before (insert date)
and to submit the Management Information System (MIS) reports before (insert date before
March 15) to (insert title and address of person responsible for receiving information). To
certify compliance the contractor shall use the "Substance Abuse Certifications" in the
"Annual List of Certifications and Assurances for Federal Transit Administration Grants and
Cooperative Agreements," which is published annually in the Federal Register.
Drug and Alcohol Testing
Option 3
The contractor agrees to establish and implement a drug and alcohol testing program that
complies with 49 CFR Parts 653 and 654, produce any documentation necessary to
establish its compliance with Parts 653 and 654, and permit any authorized representative
of the United States Department of Transportation or its operating administrations, the State
Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities
and records associated with the implementation of the drug and alcohol testing program as
required under 49 CFR Parts 653 and 654 and review the testing process. The contractor
agrees further to certify annually its compliance with Parts 653 and 654 before (insert date)
and to submit the Management Information System (MIS) reports before (insert date before
March 15) to (insert title and address of person responsible for receiving information). To
certify compliance the contractor shall use the "Substance Abuse Certifications" in the
"Annual List of Certifications and Assurances for Federal Transit Administration Grants and
Cooperative Agreements," which is published annually in the Federal Register. The
Contractor agrees further to [Select a, b, or c] (a) submit before (insert date or upon request)
a copy of the Policy Statement developed to implement its drug and alcohol testing program;
OR (b) adopt (insert title of the Policy Statement the recipient wishes the contractor to use)
as its policy statement as required under 49 CFR 653 and 654; OR (c) submit for review
and approval before (insert date or upon request) a copy of its Policy Statement developed
to implement its drug and alcohol testing program. In addition, the contractor agrees to: (to
be determined by the recipient, but may address areas such as: the selection of the certified
laboratory, substance abuse professional, or Medical Review Officer, or the use of a
consortium).
(18) DISADVANTAGED BUSINESS ENTERPRISE (DBE)
(49 CFR Part 26)
of DBE subcontracting participation when specific contract goals have been established.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part
26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE
participation is2%.
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b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out applicable requirements
of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure
by the contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as the City of
Fort Collins deems appropriate. Each subcontract the contractor signs with a
subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
c. The successful bidder/offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this
contract for satisfactory performance of that work no later than 30 days after the
contractor’s receipt of payment for that work from the City of Fort Collins. In addition,
the contractor may not hold retainage from its subcontractors and is required to return
any retainage payments to those subcontractors within 30 days after the subcontractor's
work related to this contract is satisfactorily completed.
e. The contractor must promptly notify the City of Fort Collins whenever a DBE subcontractor
performing work related to this contract is terminated or fails to complete its work, and
must make good faith efforts to engage another DBE subcontractor to perform at least
the same amount of work. The contractor may not terminate any DBE subcontractor
and perform that work through its own forces or those of an affiliate without prior written
consent of the City of Fort Collins.
(19) RECYCLED PRODUCTS
(42 U.S.C. 6962, 40 CFR Part 247, Executive Order 12873)
Recovered Materials - The contractor agrees to comply with all the requirements of Section
6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C.
6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and
Executive Order 12873, as they apply to the procurement of the items designated in Subpart
B of 40 CFR Part 247.
(20) ADA ACCESS
Accessibility. Facilities to be used in public transportation service must comply with 42
U.S.C. Sections 12101 et seq. and DOT regulations, “Transportation Services for
Individuals with Disabilities (ADA),” 49 CFR Part 37; and Joint ATBCB/DOT regulations,
“Americans with Disabilities (ADA) Accessibility Specifications for Transportation
Vehicles,” 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by
reference the ATBCB’s “Americans with Disabilities Act Accessibility Guidelines”
(ADAAG), revised July 2004, which include accessibility guidelines for buildings and
facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added
specific provisions to Appendix A modifying the ADAAG, with the result that buildings and
facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49
CFR Part 37.
(21) CITY OF FORT COLLINS BID PROTEST PROCEDURES
The City of Fort Collins has a protest procedure, covering any phase of solicitation or
award, including but not limited to specification or award. The protest procedures are
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available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd
Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the
procedures by emailing: Purchasing@fcgov.com or calling 970-221-6775.
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XI. ATTACHMENTS
Attachment A CFC Dial-A-Ride Users Guide
Attachment B COLT User’s Guide
Attachment C Fee Schedule
Attachment D DAR Procedures
Attachment E CFC Personnel Policies
Attachment F Supervisors Collision or Injury Report
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DIAL-A-RIDE
USERS GUIDE
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Welcome to Dial-A-Ride ....................................................................................1
Phone Numbers and Hours .............................................................................1
Application for Service .....................................................................................2
Who is Eligible for Paratransit Services? ...........................................................2
Types of Eligibility Status..................................................................................3
Recertification of Eligibility ...............................................................................3
Appeal Process ...............................................................................................3
Notice of Right to Appeal .................................................................................3
Non-discrimination Policy .................................................................................4
The Paratransit Service Area and Service Hours ...............................................5
Fares ..............................................................................................................5
Requesting Dial-A-Ride Services .......................................................................6
Canceling Trips ................................................................................................7
No Show Policy ...............................................................................................7
Subscription Service ........................................................................................9
Personal Care Attendant ..................................................................................9
Guests ............................................................................................................9
Service Animals ..............................................................................................9
Door-to-Door Service ........................................................................................9
Boarding Wheelchairs and Other Mobility Devices .........................................10
Additional Travel Considerations ...................................................................11
Passenger Rules of Conduct .........................................................................12
Contact List - Transportation & Support Agencies ..........................................13
Maps of Dial-A-Ride Service Area ..................................................................14
TABLE OF CONTENTS
Transfort Administration Offices • 250 North Mason Street • Fort Collins, CO 80524 • 970-224-6161 • ridetransfort.com
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1
WELCOME TO
DIAL-A-RIDE
The City of Fort Collins, Dial-A-Ride (DAR) paratransit service provides door-to-door public
transportation to riders who have a disability that prevents them from making some or all of
their trips on fixed route buses. This service is sometimes called “ADA Paratransit Service”
because it is provided as part of our efforts to meet the requirements of the Americans with
Disabilities Act of 1990 (or ADA).
PHONE NUMBERS AND HOURS
DIAL-A-RIDE GENERAL INFORMATION
970-224-6066
Monday – Sunday, 8 a.m. to 5 p.m.
• Applications
• Passenger information changes
• Lost and found
CUSTOMER SERVICE
970-221-6620
Monday – Friday, 7:30 a.m. to 5:30 p.m.
• Complaints
• Commendations
• Discrimination Claims
ELIGIBILITY INFORMATION
970-224-6002
Monday – Friday, 8 a.m. to 5 p.m.
• Eligibility Information
• Application Status
• Eligibility Renewals
• Visitor Status Requests
RIDE RESERVATIONS
970-224-6066
Monday – Sunday, 8 a.m. to 5 p.m.
DISPATCH AND CANCELLATIONS
970-224-6066
Monday – Saturday, 6:15 a.m. to 11 p.m.
Sunday 8 a.m. to 7 p.m.
• Dispatch/ride status
• Cancellations (also available anytime
via voicemail)
DIAL-A-RIDE CONTRACT MANAGER
970-224-6067
Monday – Friday, 8 a.m. to 5 p.m.
• No Show Information
• Suspension Information
• Appeals
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2
Individuals who would like to apply or re-apply
for service may do so by contacting Dial-A-Ride’s
general information number at 970-224-6066.
A representative will take basic information to initiate
the process. Once you have received and completed the
application, please return the completed application to
Dial-A-Ride. Once an application is received, we will
send a Health Care Provider (HCP) Verification form to
the HCP that you have identified on your application. It
is important that you list the health care provider who
will be most familiar with your disability or illness.
Once the HCP form has been received by Dial-A-Ride,
eligibility staff w ill b egin t o p rocess y our c ompleted
application. Applications are not complete until the HCP
form has been completed and received by Dial-A-Ride.
Dial-A-Ride will process your completed application
within twenty-one (21) calendar days of receipt of the
completed HCP form. If a decision is not made within
this time, presumptive eligibility will be granted until a
decision can be made.
There are no fees associated with the application
process. Fees incurred such as transportation and
mailing may be reimbursed by sending a written
request with a receipt or invoice to:
Transfort/Dial-A-Ride
Dial-A-Ride Contract Manager
6570 Portner Road
Fort Collins, CO 80525
Fees will be verified and reimbursed within fourteen
(14) days of receipt of the request.
Please note that residency is not required in order to
apply for service.
APPLICATION FOR SERVICE WHO IS ELIGIBLE FOR
PARATRANSIT SERVICES?
The ADA regulations provide that a person may be
eligible for Paratransit services under one of the
following three categories:
CATEGORY 1
The first category of eligibility includes those persons
who are unable to use fully accessible fixed route bus
services. Included in this category is:
“Any individual with a disability who is unable, as a
result of a physical or mental impairment (including
a vision impairment), and without the assistance
of another individual (except the operator of
a wheelchair lift or other boarding assistance
device), to board, ride, or disembark from any
vehicle on the system which is readily accessible
to and usable by individuals with disabilities.”
[Section 37.123(e) (1) of the ADA regulations].
CATEGORY 2
This applies to an individual who would be able to use
the fixed route bus system if it were accessible (e.g., if
a low-floor or lift-equipped bus is not available). This
category is not applicable at Transfort/Dial-A-Ride
because all of our fixed route buses are 100% accessible.
CATEGORY 3
“Any individual with a disability who has a specific
impairment-related condition which prevents such
3
TYPES OF ELIGIBILITY STATUS
Based on individual needs, applicants may qualify for
any of the following types of eligibility:
UNCONDITIONAL – Full service for up to three
(3) years.
CONDITIONAL – Any conditions applied to service
is done so on an individual basis depending on the
needs of the passenger. Because conditions vary from
one individual to another, they will be clearly explained
on the eligibility letter. Your eligibility specialist will be
able to answer any questions you may have regarding
your conditions.
TEMPORARY – Temporary eligibility is provided to
passengers who have a temporary disability/illness
that prevents them from using the Transfort bus
system. Eligibility may be provided for the expected
duration of the disability. Temporary eligibility may
be conditional or unconditional depending on the
individual’s needs. Any conditions, if applicable, will
be clearly explained.
SERVICE FOR VISITORS – Visitors who have current
ADA Paratransit Eligibility Certification in any other
jurisdiction in the United States may use Dial-A-Ride for
up to twenty-one (21) calendar days a year by providing
their ADA Identification card or certification letter.
Visitors who do not have this certification but have a
disability that prevents the access of fixed route service
may still be eligible as a visitor. An eligibility specialist
will be able to assist you in qualifying as a visitor.
RE-CERTIFICATION OF
ELIGIBILITY
Each Dial-A-Ride customer must be re-certified upon
reaching his/her eligibility expiration date. Typically,
eligibility extends for three (3) years from certification.
A customer’s ADA certification letter will indicate his/
her Paratransit eligibility expiration date.
APPEAL PROCESS
Transfort has an established appeal committee which
consists of two community advocates for persons with
disabilities, one Dial-A-Ride customer and an official
from Easter Seals.
NOTICE OF RIGHT TO APPEAL
Under the provision of the Americans with Disabilities
Act of 1990, customers and applicants have the right
to appeal any determination stating that the customer
or applicant is not eligible for Dial-A-Ride paratransit
service or any suspension or other restrictions which
may have been placed upon the customer or applicant
of the service. Appellants must make their appeal
within sixty (60) calendar days of receiving a notice of
eligibility determination or suspension.
Appeals should be submitted in writing to:
Transfort/Dial-A-Ride
Dial-A-Ride Contract Manager
6570 Portner Road
Fort Collins, CO 80525
RFP 8803 Paratransit Services Page 71 of 336
4
NON-DISCRIMINATION POLICY
ADA TITLE II
Transfort is committed to complying with all Federal
Americans with Disabilities (ADA) regulations as well
as the State of Colorado accessibility requirements.
In 1990, the Americans with Disabilities Act (ADA)
was passed by Congress and signed into law. This civil
rights legislation entitles, among other requirements,
persons with disabilities equal opportunity to participate
in society. As such, public transportation agencies, like
Transfort, are required by law to provide the necessary
ADA-compliant equipment and accommodations.
TITLE VI
Transfort/Dial-A-Ride is committed to ensuring that
no individual is excluded from participation in, denied
the benefits of its programs, activities or services, or
subject to discrimination on the basis of race, color or
national origin as per the Title VI of the Civil Rights Act
of 1964, as amended.
• To ensure that the level and quality of transportation
services are provided to all
• To promote full and fair participation in
transportation decision making
• To ensure meaningful access to Transfort/Dial-
A-Ride’s programs and activities by persons with
limited English Proficiency
• To identify and address, as appropriate the
human health, social, economic and environmental
effects of Transfort/Dial-A-Ride’s programs and
activities on all populations
FILING A COMPLAINT
For additional information on Transfort’s non-discrim-
ination obligations, or if you believe you have been
subjected to discrimination under ADA Title II or Title
VI, you may file a written complaint no later than 180
calendar days after the date of the alleged discrimina-
tion, with Transfort/Dial-A-Ride;
Mail: Transfort/Dial-A-Ride
6570 Portner Road
Fort Collins CO 80525
Phone: 970-221-6620
Fax: 970-221-6285
Email: TransfortInfo@fcgov.com
Transit Centers:
• CSU Transit Center (CTC)
North end of Lory Student Center at CSU
• Downtown Transit Center (DTC)
N. Mason Street, between Laporte & Maple
• South Transit Center (STC)
4915 Fossil Blvd.
Upon receipt of an appeal request, Transfort/Dial-A-
Ride will schedule a hearing date. Service will not be
rendered until a decision has been made except for
“No Show Violation” appeals. Customers who appeal
a “No Show” suspension will continue to receive
service until a decision has been made.
Transportation to and from the appeal will be arranged by
Transfort through the Administration Supervisor receiving
the request at no charge to the appellant. An advocate
5
THE PARATRANSIT SERVICE
AREA AND SERVICE HOURS
SERVICE AREA: The service area is limited to three-
quarters (¾) of a mile of a fixed route. Please refer to
attached maps.
SERVICE HOURS: 6 a.m. – 11 p.m.
In 2007, Fort Collins City Council provided an
exemption for certain existing Dial-A-Ride customers
who lived outside the three-quarters (¾) of a mile
corridor. Customers who have been exempted may
exceed the service area under certain conditions. If
you believe you may have had an exemption or have
questions regarding the exemption of service, please
contact the Dial-A-Ride Contract Manager at
970-224-6067. Please note that no further exemptions
will be granted.
Please note that there are times when additional
fixed route service is provided for shuttles and special
events. Dial-A-Ride service will be available within
three-quarters (¾) of a mile from these shuttles and
special events. Rider alerts will be posted on Dial-A-
Ride vehicles prior to the events. Information will also
be available by calling the Dial-A-Ride Reservation Line
at 970-224-6066.
The current fare for Dial-A-Ride is $2.50 per trip for
customers and guests for most trips. The fare is
free for Dial-A-Ride customers and guests ONLY for
trips scheduled within the late night service area and
hours of operation (see page 13 for map and times).
Authorized Personal Care Attendant’s will not be
charged a fare.
Customers may be able to receive funding from
Foothills Gateway or Larimer County Options for Long-
term Care. This will be coordinated by the funding
sponsor. Dial-A-Ride is not responsible for funding
decisions made by the funding sponsor. Questions
regarding funding should be directed to the sponsor.
Funding only covers the cost of the customer’s trip.
Drivers are required to collect fares for all unfunded
trips. Dial-A-Ride fares may be paid with cash, tickets
or tokens only. If paid by cash, the exact change must
be used. Dial-A-Ride drivers do not carry change.
Tickets or tokens may be purchased in any quantities
by contacting Dial-A-Ride at 970-224-6066. Cash,
check or credit card is accepted. Drivers will deliver
ticket or token orders on the customer’s next ride and
no earlier than the next service day. Payment must be
made at the time of the transaction. Checks can be
sent and should be made payable to:
Yellow Cab
1833 E. Mulberry Street, Unit A
Fort Collins, CO 80524
Drivers are not permitted to accept tips. Driver
commendations should be directed to Transfort
customer service at 970-221-6620.
FARES
RFP 8803 Paratransit Services Page 73 of 336
6
REQUESTING DIAL-A-RIDE
SERVICES
To schedule a trip, please call Dial-A-Ride Reservations
at 970-224-6066, between 8 a.m. and 5 p.m., Monday
through Sunday. Reservations may be made from one
(1) day up to two (2) weeks in advance. Reservations
will not be accepted for same-day service except in
situations where a passenger has missed their return
trip home. Exceptions are at the discretion of Dial-A-
Ride management.
WHEN SCHEDULING A TRIP, YOU WILL BE
ASKED TO PROVIDE:
• Your name
• Specific origin and destination address including
building number, business name or doctor’s
office, as well as any specific pick up information
• Your telephone number
• The date and time of origin and destination of
the trip request along with an appointment
time if appropriate
• If eligible, a Personal Care Attendant (PCA) will
travel with you
• If a guest other than your PCA will travel with you
(including children)
• If you will be using a manual wheelchair, power
wheelchair, scooter or a service animal
• If conditionally eligible, the call taker will ask
you information to find out if your conditions
have been met
PROVIDE ALTERNATIVE TRAVEL TIMES
If Dial-A-Ride cannot accommodate your exact request,
it may offer travel times of up to sixty (60) minutes/
1-hour before or up to sixty (60) minutes/1-hour after
the requested pick up time as established as service
criteria under the ADA.
Please note that reservationists will not offer pick up
times that would exceed the time you need to be at
your destination or prior to when you would be ready
for your return trip.
PLEASE NOTE WHEN SCHEDULING YOUR TRIP:
Dial-A-Ride vehicles will arrive any time between fifteen
(15) minutes before and fifteen (15) minutes after
your requested pick up time. You must be prepared to
board the vehicle at the beginning of your thirty (30)
minute scheduling window.
Dial-A-Ride drivers will only wait five (5) minutes from
the time they arrive during your scheduled pick up time
window. If a passenger is not ready to go within five
(5) minutes of vehicle arrival, the driver will mark the
passenger as a “no-show” and will depart the location.
PLEASE ALLOW ABOUT ONE AND A HALF (1½)
HOURS FOR YOUR DOCTOR’S APPOINTMENTS.
If you are not ready for your DAR return trip from
your doctor’s appointment, please notify Dispatch at
970-224-6066. When you are ready for your return
trip, again call Dispatch and they will send a driver to
pick you up. Please note that all drivers have scheduled
passengers to pick up at all times, and you may have
to wait for an extended period of time before a driver
7
CANCELING TRIPS
In the event that you must cancel a Dial-A-Ride trip,
please do so as soon as possible. You can cancel
trips twenty-four (24) hours a day by calling
970-224-6066. Trips should be canceled at least
one (1) hour before your scheduled pick up time. Our
Dispatch staff offers cancellation codes as a reference
number. Please take the opportunity to write down that
number. When canceling after normal business hours,
you may need to leave a message on voicemail. During
the message, please clearly state your name, your
phone number, the date of the trip cancellation, the
time of each trip to be canceled, the location of each
trip to be canceled and indicate whether or not you’d
like a representative to call back with a cancellation
code number.
NO SHOW POLICY
The following three types of cancellations are
considered “no shows.”
1. “Cancel at the Door”
• The vehicle arrives on time but the customer no
longer wants the ride
• The vehicle arrives on-time and waits for five (5)
minutes, but the customer is not ready to go and
the driver must leave to stay on schedule
• The vehicle arrives and the customer does not
have the proper fare
2. “No Show”
The vehicle arrives on-time, but the driver cannot
locate the customer at the requested pick up location
within five (5) minutes of arrival
3. “Late Cancellation”
The customer calls to cancel with less than one (1)
hour notice prior to the scheduled time of the trip
NOTE: If a customer has a “no-show” for the first trip,
every attempt will be made to contact the customer by
phone if possible. ADA regulations prohibit Dial-A-Ride
from automatically canceling the return trip after a “no
show” has occurred. If the return trip is subsequently a
“no show”, that will be counted as a second “no show”
for the day. Each trip that is “no showed” is assessed
independently in accordance with ADA regulations.
EXCEPTIONS
The following exceptions are provided in accordance
with ADA regulations:
1. “Medical Delay”**
Any trip a customer has missed because they were not
finished with their medical appointment will be marked
a “Medical Delay” and not charged as a “No Show.”
2. “Circumstances Beyond Control”
Cancellations that meet the definition of a “No Show”
that occur due to a situation outside the customer’s
control will not be charged as a “No Show.” Because
there is no way for staff to know when this type of
situation has occurred, “Circumstances Beyond
Control” will be determined once a customer has
called to inquire about the “No Show” notification
with a supervisor. Cancellations determined to be
outside the customer’s control will not be charged
8
NO SHOW SUSPENSION
Each time a customer has had a “No Show Violation”
assessed, a letter will be sent to the customer’s mailing
address within three (3) business days of the violation.
If the customer has three (3) or more “No Show
Violations” in a thirty (30) day period, the customer’s
account will be reviewed. If it is determined that the
customer’s rate of “no shows” exceeds three (3) times
the current system “no show” rate, a suspension letter
will be sent to the customer.
The system “no show” rate is equal to the total valid
“no shows” in a month divided by the total scheduled
trips in a month. For example, if there were one
hundred (100) “no shows” in a one (1) month period
and there were a total of three thousand (3,000)
scheduled trips, the month’s system “no show” rate
would be 100 ÷ 3,000 or 3.3%.
The passenger’s “no show” rate is equal to the total
valid “no shows” they received in a month by the total
number of rides they had scheduled. For example, if a
passenger had three (3) no shows in a month and had
a total of thirty (30) trips scheduled, their “no show”
rate would be 3 ÷ 30 or 10%. Using the system rate
example above, this passenger would be suspended
because their “no show” rate is three times higher than
the system rate of 3.3%.
The following schedule will be used to calculate the
duration of the suspension:
• Period = seven (7) days
• Second suspension in a rolling one (1) year
period = fourteen (14) days
• Third suspension in a rolling one (1) year period =
twenty-one (21) days
• Fourth or more suspensions in a rolling one (1)
year period = thirty (30) days
The one (1) year rolling period refers to the previous
twelve (12) month period from the date of the current
suspension notice.
* No Show Suspensions may be appealed by following
the processes in SECTION I, ADA Paratransit Eligibility,
“Notice of Right to Appeal”.
SUBSCRIPTION SERVICE
Subscription Service is limited to customers traveling
to the same place at the same time at least three
(3) times a week. Dial-A-Ride offers a subscription
service on a space available basis. Customers must
successfully take the requested subscription rides for
at least two (2) weeks prior to requesting subscription
service. Dial-A-Ride may terminate a Subscription
Service that is canceled fifty percent (50%) or more of
the time during any thirty (30) calendar day period, or
if there is a consistent pattern of cancellations.
PERSONAL CARE ATTENDANT
A Personal Care Attendant (PCA) may accompany
a registered Dial-A-Ride customer at no additional
charge. The customer’s file must indicate that they
are eligible to have a PCA. Space must be reserved
at the time of the reservation.
GUESTS
9
SERVICE ANIMALS
Service animals are allowed to accompany customers.
The customer’s file must indicate that they use a
Service Animal. Space must be reserved at the time
of the reservation.
Drivers are not allowed to handle service animals.
Personal pets may only board a Dial-A-Ride vehicle if
carried in an animal carrier. Drivers are not permitted
to assist in carrying the animal carrier.
DOOR-TO-DOOR SERVICE
Dial-A-Ride provides door-to-door service. Drivers are
not permitted to enter beyond the threshold or ground
level of any residence.
Drivers will go to the door and knock or ring the doorbell
(if one is available), or if at a public building, will go
to the lobby to try to make contact with a receptionist
or the customer. For drop-offs, the driver will drop the
customer off at the customer’s destination and assist
them to the door.
The driver will identify his or her name that he or she
is there to pick up the customer. Drivers will offer and
provide assistance to and from the vehicle, including
pushing manual wheelchairs, offering an elbow to the
customer as a mobility aid and/or verbal directions if
needed. Drivers will confirm your requested drop-off
location and inform you of the general plan of travel
such as number of pick ups or drop-offs along the way.
For the safety and security of other customers and City
property, drivers must maintain line of sight of the vehicle
at all times unless the vehicle is properly secured.
ASSISTANCE WITH STEPS
Drivers will assist passengers using manual
wheelchairs to navigate up or down no more than one
(1) consecutive step in the passenger’s path of travel.
Drivers will assist ambulatory passengers with limited
mobility up and down all steps in their path of travel.
DOORS AND RAMPS
Drivers will open the first set of exterior doors at all
locations for passengers needing assistance.
Drivers will push a passenger’s manual wheelchair up
and down all ramps in the passenger’s path of travel
unless the slope of the ramp is so steep that it would
present too great of a risk of harm to the driver.
CLEAR PATH OF TRAVEL
Drivers are not required to perform extensive work to
clear a path of travel for a passenger, however, more
easily performed actions such as moving one (1) or
two (2) objects out of a wheelchair’s path is required.
DOOR-TO-DOOR ASSISTANCE DOES NOT
INCLUDE ANY OF THE FOLLOWING:
• Assisting customers on unsafe or steeply inclined
mobility ramps or stairs
• Maneuvering a wheelchair up or down more than
one (1) step
• Maneuvering a power wheelchair or power
mobility device
• Drivers entering beyond the door threshold of
any residence
• Loading and unloading personal items, except
10
BOARDING WHEELCHAIRS AND
OTHER MOBILITY DEVICES
Dial-A-Ride will accommodate wheelchairs and other
mobility devices along with occupants as long as the
lift/ramp and vehicle can physically accommodate
them, doing so would not cause a valid safety concern,
or block an aisle or interfere with the safe evacuation
of passengers in an emergency. Gasoline and other
petroleum based fuels that emit noxious and flammable
liquids and gases are not permitted on vehicles for
safety reasons.
Drivers are required to use four (4) safety securements,
a lap belt, as well as offer a shoulder belt for
passengers traveling while seated in wheelchairs and
mobility devices. While passengers may not refuse
these securements, a trip can not be denied if the
driver is physically incapable of securing the mobility
device. A supervisor will be immediately dispatched to
aid in these situations.
RESPIRATORS AND PORTABLE
OXYGEN EQUIPMENT
Portable oxygen equipment and portable respirators are
permitted on Dial-A-Ride vehicles. The driver will assist
passengers to secure this equipment on the vehicle.
SAFETY BELTS
All passengers must be properly secured with a motor
vehicle safety belt while riding Dial-A-Ride.
ADDITIONAL TRAVEL
CONSIDERATIONS
PACKAGES
Carry-on packages are limited to four (4) grocery-sized
bags or similar-sized packages per passenger. Drivers are
required to help passengers carry packages on and off
the vehicle from the same sidewalk or waiting area where
the passenger boards and gets off the vehicle. Packages
must weigh no more than fifteen (15) pounds each.
Passengers may use a personal two (2)-wheel grocery
cart to carry more than four (4), fifteen (15) pound
bags. Drivers will secure the cart in the vehicle.
SNOW
Drivers are required to push a passenger’s manual
wheelchair through snow unless the snow is so deep
that it would present too great of a risk of harm to the
driver. Drivers are not required to shovel snow to clear
a path of travel.
ROAD HAZARDS AND BARRIERS
Drivers will immediately report to Dispatch potential
barriers at customer origin and destination locations
that may prevent access either by another driver or
the customer. Upon receipt of this information, a
supervisor and/or dispatcher will investigate the
barrier and develop an adequate alternative for drivers
and customers. Customers affected will be contacted
prior to their next pick up at that location if applicable.
HAND-TO-HAND DROP-OFFS
If a customer, due to their disability, must be met when
they are dropped off, and the person meeting them is
not there when the driver arrives, the customer will be
transported back to a safe location. The customer’s
11
EMERGENCY SERVICE
In the event of a natural or man-made disaster, Dial-A-
Ride may not be able to continue to provide services. In
such cases, it will be the responsibility of the customer
to contact the Dial-A-Ride Dispatch office and inquire
as to the status of their service. Every attempt shall
be made to transport all of our customers; however,
in extreme emergencies it may be necessary to refer
customers to 911.
PASSENGER RULES OF
CONDUCT
Passengers are asked to follow these rules of
conduct to ensure the safety and comfort of all
passengers and the driver:
• No smoking on board
• No eating or drinking on board (unless required
for health reasons)
• No abusive, threatening or obscene language
or actions
• No operating or tampering with any equipment
while on board a Dial-A-Ride vehicle
• No radios, cassette tape players, compact disk
players or other sound-generating equipment
are to be played aboard the vehicles
without headphones
• No verbally abusive language with any Dial-A-Ride
staff whether in person or on the phone
Passengers who violate rules of conduct are subject to
suspension of service. Suspensions may be appealed
by following the processes outlined in, SECTION I, ADA
Paratransit Eligibility, “Notice of Right to Appeal”.
DIAL-A-RIDE PASSENGERS
HAVE A RIGHT TO EXPECT:
• Rides that are on time
• Drivers trained to meet passenger needs
• Safe and properly maintained vehicles
• Properly fastened seat belts and
wheelchair securements
DIAL-A-RIDE PASSENGERS
HAVE A RESPONSIBILITY TO:
• Have the correct fare, exact change only
• Provide a Personal Care Attendant, if needed
• Cancel at least one (1) hour in advance of their
scheduled pick up time
• Be ready fifteen (15) minutes before and after
their scheduled or negotiated pick up time
RFP 8803 Paratransit Services Page 79 of 336
12
AGENCY CONTACT SERVICES
VEYO (NEMT)
Client Reservations: 855-264-6368
General Information: 855-636-8178
After Hours: 303-921-7271
www.medicaidco.com
Medicaid Transportation
SENIOR ALTERNATIVES IN
TRANSPORTATION (SAINT)
970-223-8645
www.saintvolunteertransportation.org
Ambulatory transportation for seniors
and persons with disabilities.
YELLOW CAB
970-224-2222
www.fortcollinstaxi.com
Commercial Taxi Service
DISABLED RESOURCE
SERVICES FOR
LARIMER COUNTY
970-482-2700
www.disabledresourceservices.org
Advocacy, awareness and accessibility
services to persons with disabilities
UNITED WAY OF
LARIMER COUNTY
211 970-407-7000
www.uwaylc.org
Locally based coordination of
volunteer efforts.
CATHOLIC CHARITIES
NORTHERN
970-484-5010
Assistance for homeless, disabled,
senior and low income individuals.
FOOTHILLS GATEWAY, INC.
970-226-2345
www.foothillsgateway.org
Coordination of services for persons
with cognitive impairments.
LARIMER COUNTY,
OPTIONS FOR LONG
TERM CARE (OLTC)
970-498-7780
www.larimer.org/humanservices
CONTACT LIST – TRANSPORTATION & SUPPORT AGENCIES
The following list of agencies is provided for your reference. These agencies provide services that range from
transportation options, providing information to coordination of a variety of social services. These organizations are
independent organizations and are not associated with Transfort/Dial-A-Ride. The websites and phone numbers of
each organization are listed for your convenience.
Coordinates a spectrum of services to
provide choices to people with
disabling functional conditions so
they can live safely in the community.
RFP 8803 Paratransit Services Page 80 of 336
13
DIAL-A-RIDE SERVICE AREA
Monday – Saturday, 6 a.m. – 11 p.m.
�NTERSTATE 25
S SHIELDS ST
S COLLEGE AVE
S TAFT HILL RD
E VINE DR
S TIMBERLINE RD
E PROSPECT RD
LAPORTE AVE
E DOUGLAS RD
E DRAKE RD
W DRAKE RD
N TAFT HILL RD
E TRILBY RD
E HORSETOOTH RD
S LEMAY AVE
N SHIELDS ST
W VINE DR
W MULBERRY ST
W PROSPECT RD
S OVERLAND TRL
W TRILBY RD
E COUNTY ROAD 52
E HARMONY RD
E MULBERRY ST
E LINCOLN AVE
RIVERSIDE AVE
N COLLEGE AVE
MAIN ST
E COUNTY ROAD 32
N LEMAY AVE
N OVERLAND TRL
CARPENTER RD
KECHTER RD
TERRY LAKE RD
N COUNTY ROAD 11
ZIEGLER RD
S COUNTY ROAD 19
N TIMBERLINE RD
N COUNTY ROAD 5
S CENTENNIAL DR
GREGORY RD
STRAUSS CABIN RD
MOUNTAIN VISTA DR
N COUNTY ROAD 17
S LEMAY AVE
S COUNTY ROAD 5
N OVERLAND TRL
Dial-A-Ride
Service Area
RFP 8803 Paratransit Services Page 81 of 336
14
DIAL-A-RIDE LATE NIGHT SERVICE AREA
Friday & Saturday, 11 p.m. – 2:30 a.m.
�NTERSTATE 25
S SHIELDS ST
S COLLEGE AVE
S TAFT HILL RD
E VINE DR
S TIMBERLINE RD
E PROSPECT RD
LAPORTE AVE
E DOUGLAS RD
E DRAKE RD
W DRAKE RD
N TAFT HILL RD
E TRILBY RD
E HORSETOOTH RD
S LEMAY AVE
N SHIELDS ST
W VINE DR
W MULBERRY ST
W PROSPECT RD
S OVERLAND TRL
W TRILBY RD
E COUNTY ROAD 52
E HARMONY RD
E MULBERRY ST
E LINCOLN AVE
RIVERSIDE AVE
N COLLEGE AVE
MAIN ST
E COUNTY ROAD 32
N LEMAY AVE
N OVERLAND TRL
CARPENTER RD
KECHTER RD
TERRY LAKE RD
N COUNTY ROAD 11
ZIEGLER RD
S COUNTY ROAD 19
N TIMBERLINE RD
N COUNTY ROAD 5
S CENTENNIAL DR
GREGORY RD
STRAUSS CABIN RD
MOUNTAIN VISTA DR
N COUNTY ROAD 17
S LEMAY AVE
S COUNTY ROAD 5
N OVERLAND TRL
Dial-A-Ride
Service Area
Fixed Route
Service
RFP 8803 Paratransit Services Page 82 of 336
15
DIAL-A-RIDE MORNING/EVENING SERVICE AREA
Monday – Saturday, 5 – 6 a.m. & 11 p.m. – 12:30 a.m.
�NTERSTATE 25
S SHIELDS ST
S COLLEGE AVE
S TAFT HILL RD
E VINE DR
S TIMBERLINE RD
E PROSPECT RD
LAPORTE AVE
E DOUGLAS RD
E DRAKE RD
W DRAKE RD
N TAFT HILL RD
E TRILBY RD
E HORSETOOTH RD
S LEMAY AVE
N SHIELDS ST
W VINE DR
W MULBERRY ST
W PROSPECT RD
S OVERLAND TRL
W TRILBY RD
E COUNTY ROAD 52
E HARMONY RD
E MULBERRY ST
E LINCOLN AVE
RIVERSIDE AVE
N COLLEGE AVE
MAIN ST
E COUNTY ROAD 32
N LEMAY AVE
N OVERLAND TRL
CARPENTER RD
KECHTER RD
TERRY LAKE RD
N COUNTY ROAD 11
ZIEGLER RD
S COUNTY ROAD 19
N TIMBERLINE RD
N COUNTY ROAD 5
S CENTENNIAL DR
GREGORY RD
STRAUSS CABIN RD
MOUNTAIN VISTA DR
N COUNTY ROAD 17
S LEMAY AVE
S COUNTY ROAD 5
N OVERLAND TRL
Dial-A-Ride
Service Area
RFP 8803 Paratransit Services Page 83 of 336
16
DIAL-A-RIDE SUNDAY/HOLIDAY SERVICE AREA
8 a.m. – 7 p.m.
�NTERSTATE 25
S SHIELDS ST
S COLLEGE AVE
S TAFT HILL RD
E VINE DR
S TIMBERLINE RD
E PROSPECT RD
LAPORTE AVE
E DOUGLAS RD
E DRAKE RD
W DRAKE RD
N TAFT HILL RD
E TRILBY RD
E HORSETOOTH RD
S LEMAY AVE
N SHIELDS ST
W VINE DR
W MULBERRY ST
W PROSPECT RD
S OVERLAND TRL
W TRILBY RD
E COUNTY ROAD 52
E HARMONY RD
E MULBERRY ST
E LINCOLN AVE
RIVERSIDE AVE
N COLLEGE AVE
MAIN ST
E COUNTY ROAD 32
N LEMAY AVE
N OVERLAND TRL
CARPENTER RD
KECHTER RD
TERRY LAKE RD
N COUNTY ROAD 11
ZIEGLER RD
S COUNTY ROAD 19
N TIMBERLINE RD
N COUNTY ROAD 5
S CENTENNIAL DR
GREGORY RD
STRAUSS CABIN RD
MOUNTAIN VISTA DR
N COUNTY ROAD 17
S LEMAY AVE
S COUNTY ROAD 5
N OVERLAND TRL
Dial-A-Ride
Service Area
RFP 8803 Paratransit Services Page 84 of 336
DIAL-A-RIDE
USERS GUIDE
COLT
DIAL-A-RIDE
RFP 8803 Paratransit Services Page 85 of 336
TABLE OF CONTENTS
Statement of Rights
Welcome to Dial-A-Ride
Phone Numbers & Hours
Applications for Service
Types of Eligibility
Re-Certifications of Eligibility
Notice of Right to Appeal
Service Area & Service Hours
Fares
Ride Reservations
Negotiating Travel Times
Canceling Trips
No Show Policy
Exceptions for Cancelations
No Show Suspensions
Subscriptions Service
Pesonal Care Attendants
Guests
Service Animals
Door to Door Service
Path of Travel and Boarding
Emergency Service
Passenger Rules of Conduct
Dial-A-Taxi
1
2
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4
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5
5
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10
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12
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RFP 8803 Paratransit Services Page 86 of 336
The City of Loveland Transit (COLT) is committed to ensuring that no
person is excluded from participation in, or denied the benefits of, or
be subject to discrimination in the receipt of its services on the basis
of race, color, or national origin, or any other characteristics protected
by law, including Title VI of the Civil Rights Act of 1964, as amended.
Further, under the Americans with Disabilities Act (ADA) of 1990, no
entity shall discriminate against an individual with a physical or mental
disability in connection with the provision of transportation service.
To obtain more information on COLT’s non-discrimination policy,
contact our Administrative Office:
105 W 5th Street
Loveland, CO 80537
970-962-2700
To file a complaint, contact our Title VI Coordinator
500 E 3rd Street
Loveland, CO 80537
titlesix@cityofloveland.org.
Information on non-English alternative formats may be obtained by
contacting the COLT office.
STATEMENT
OF RIGHTS
RFP 8803 Paratransit Services 1 Page 87 of 336
WELCOME TO
DIAL-A-RIDE
CUSTOMER SERVICE
970-962-2700
Monday-Friday 8a.m. to 5p.m.
Complaints
Commendations
ELIGIBILITY INFORMATION
970-962-2700
Monday-Friday 8a.m. to 5p.m.
Eligibility Information
Application Status
Eligibility Renewals
The City of Loveland Transit has partnered with The City of Fort
Collins and Dial-A-Ride (DAR) to provide Paratransit service. Paratransit
is a transportation service for individuals whose disability prevents them
from using a fixed route bus system. Paratransit is a door to door shared
ride service operated with modern, accessible vehicles and is committed
to providing safe, reliable and courteous transit service.
PHONE NUMBERS AND HOURS
2
DIAL-A-RIDE CONTRACT MANAGER
970-224-6067
Monday-Friday 8a.m. to 5p.m.
No Show Information
Suspension Information
Appeals
DIAL-A-RIDE GENERAL INFORMATION
970-224-6066
Monday-Sunday 8a.m. to 5p.m.
Ride Reservations
Ride Cancellations (also available anytime
via voicemail)
Ride Status Information
RFP 8803 Paratransit Services Page 88 of 336
APPLICATIONS
FOR SERVICE
Individuals must first apply with the COLT eligibility office to determine eligibility. Applications may
be obtained by calling the COLT office at (970) 962-2700 or Dial-A-Ride’s general information
number 970-224-6066. Applications are also available online at www.cityofloveland.org.
Once you have received and completed the application, please return the completed application to:
COLT
105 W 5th Street
Loveland, CO 80537
Once an application is received, we will send a Professional Verification (PV) form to the Medical
Professional that you have identified on your application. It is highly recommended that you list the
health care professional who will be most familiar with your disability or illness.
Applications are not complete until the PV form has been completed in its entirety and received by the
COLT eligibility office. Once the PV form is received complete the COLT eligibility staff will begin to
process your application.
COLT will process your completed application and the completed Professional Verification form within
twenty-one (21) calendar days of receipt of the completed PV form.
There are no fees associated with the application process.
TYPES OF ELIGIBILITY
UNCONDITIONAL—Full Service for up to three (3) years.
CONDITIONAL– Eligible to use Paratransit service under conditions specific to the needs of the
individual. Conditions will be clearly explained in the eligibility letter. The eligibility staff at COLT
will be able to answer any questions you may have regarding your conditions.
TEMPORARY– Temporary eligibility is provided to passengers who have a temporary disability that
prevents them from using a fixed route bus system. Temporary eligibility may be conditional
or unconditional depending on the individual’s needs. Any conditions, if applicable will be clearly
explained.
SERVICE FOR VISITORS - Visitors who are currently ADA Paratransit Eligible in any other
jurisdiction in the United States may use Dial-A-Ride for up to twenty-one (21) calendar days a year
by providing their ADA identification card or certification letter. For questions contact the COLT office at
970-962-2700.
3
By Fax
970-962-2936
By Email
COLT@cityofloveland.org
RFP 8803 Paratransit Services Page 89 of 336
RE-CERTIFICATION OF ELIGIBILITY
&
APPEAL PROCESS
RE-CERTIFICATION OF ELIGIBILITY
Each Dial-A-Ride customer must be re-certified upon reaching his/her eligibility expiration
date. Typically, eligibility extends for three (3) years from date certification. A customer’s
ADA certification letter will indicate his/her Paratransit eligibility expiration date.
NOTICE OF RIGHT TO APPEAL ELIGIBILITY
Appeals may be submitted regarding eligibility classifications, eligibility denials,
suspension or termination of service and/or other service denials. Request for appeals must
be made in writing within sixty (60) calendar days of written notice of eligibility
denials, suspension or termination of service and/or other service denials.
Appeals should be submitted in writing to:
City of Loveland Transit
Attn: Transit Manager
105 West 5th Street
Loveland, CO 80537
Upon receipt of an appeal request, COLT will schedule a hearing date. Service will not be
rendered until a decision has been made except for “No Show Violation” appeals.
Customers who appeal a “No Show” suspension will continue to receive service until a
decision has been made. Transportation to and from the appeal will be arranged by COLT
through the administration personnel receiving the request at no charge to the appellant.
An appeal decision will be made no later than thirty (30) days after the hearing date and
the written appeal decision shall be mailed to the applicant within one (1) business day of
the decision being made. If an appeal decision is not made within thirty (30) days from the
date of the hearing, the appellant will receive presumptive eligibility until such time that
a decision can be made. If there is any change in the applicant’s ability to use fixed route
transit services in the future, the applicant may submit a new Application for ADA
Paratransit Services.
4
NOTICE OF RIGHT TO APPEAL SERVICE SUSPENSIONS
RFP 8803 Paratransit Services Page 90 of 336
PARATRANSIT SERVICE AREA
&
SERVICE HOURS
SERVICE AREA: The service area is thee-quarters (3/4) of a mile outside COLT’s fixed route
service, in accordance with Federal Law 49 CFR 37.131.
SERVICE HOURS:
MONDAY- FRIDAY 6:45AM-6:30PM
SATURDAY 8:45AM-5:30PM
SUNDAY DIAL-A-TAXI ONLY
FARES
Regular Fare $2.00 per one-way trip
Reduced Fare $1.00 per one-way trip
Guest Fare $2.00 per one-way trip
Authorized Personal Care Attendants will not be charged.
Drivers are required to collect fares for all trips at time of service. Dial-A-Ride fares may be paid with
cash, checks, credit cards or tokens. Exact change must be used. Dial-A-Ride drivers do not carry change.
Tokens may be purchased by contacting Dial-A-Ride at 970-224-6066. Cash, check or credit card is
accepted. Drivers will deliver token orders on the passenger’s next ride.
Contact the House of Neighborly Service (HNS) to obtain reduced fare eligibility information.
HNS is located at
1511 E 11th Street
Loveland, CO 80537
970-667-4939
Drivers are not permitted to accept tips.
DIAL-A-RIDE services will not be provided on the
following:
New Year’s Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
RFP 8803 Paratransit Services 5 Page 91 of 336
RIDE RESERVATIONS
To schedule a trip, please call Dial-A-Ride Reservations at 970-224-6066, between 8 a.m. and 5 p.m.,
Monday through Sunday. Reservations may be made from one (1) day up to fourteen (14) days in
advance. Reservations will not be accepted for same-day service except in situations where a passenger
has missed their return trip home for medical reasons. Exceptions are at the discretion of Dial-A-Ride
management.
WHEN SCHEDULING A TRIP, YOU WILL BE ASKED TO PROVIDE:
Your name
Specific origin and destination address including building number, business name or doctor’s office, as
well as any specific pick up information.
Your telephone number
The date and time of origin and destination of the trip request along with an appointment time if
appropriate
If a Personal Care Attendant (PCA) will travel with you
If a guest other than your PCA will travel with you (including children)
If you will be using a manual wheelchair, power wheelchair, scooter or service animal
If Dial-A-Ride cannot accommodate your exact request, they may offer travel times of up to sixty (60)
minutes/1-hour before or up to sixty (60) minutes/1-hour after the requested pick up time in
accordance with Federal Law 49 CFR 37.131 Negotiating a pick up time with the rider.
PLEASE NOTE: reservationists will not offer pick up times that would exceed the time you need to be
at your destination or prior to when you would be ready for your return trip.
PLEASE NOTE: Dial-A-Ride vehicles will arrive any time between fifteen (15) minutes before and
fifteen (15) minutes after your requested pick up time. You must be prepared to board the vehicle at the
beginning of your thirty (30) minute scheduling window. Passengers must be within “Line of Sight” of
the vehicle picking them up, at the designated pick-up location.
Dial-A-Ride drivers will only wait five (5) minutes from the time they arrive during your scheduled
pick up time window. If a passenger is not ready to go within five (5) minutes of vehicle arrival, the
driver will mark the passenger as a “no-show” and will depart the location.
Example: If you’re assigned pick up time is 10:00 AM. The vehicle can arrive any time between 9:45
AM and 10:15 AM.
NEGOTIATING TRAVEL TIMES
RFP 8803 Paratransit Services 6 Page 92 of 336
RIDE RESERVATIONS
PLEASE ALLOW ABOUT ONE AND A HALF (1½) HOURS FOR YOUR DOCTOR’S
APPOINTMENTS. If you are not ready for your Dial-A-Ride return trip from your doctor’s
appointment, please notify Dispatch at 970-224-6066 as soon as possible. When you are ready for your
return trip, again call Dispatch and they will send a driver to pick you up. Please note that all drivers
have scheduled passengers to pick up at all times, and you may have to wait for an extended period of
time before a driver is available to pick you up.
CANCELING TRIPS
In the event that you must cancel a Dial-A-Ride trip, please do so as soon as possible. You can cancel
trips twenty-four (24) hours a day by calling 970-224-6066. Trips can be canceled at least one (1) hour
before your scheduled pick up time. When canceling after normal business hours, you may need to
leave a message on voicemail. During the message, please clearly state your name, your phone
number, the date of the trip cancellation, the time of each trip to be canceled, the location of each trip
to be canceled.
The following three types of cancellations are considered “no shows.”
CANCEL AT THE DOOR
The vehicle arrives on time but the passenger no longer wants the ride.
The vehicle arrives on-time and waits for five (5) minutes, but the passenger is not ready to go and the
driver must leave.
NO SHOW
The vehicle arrives on-time, but the driver cannot locate the passenger at the requested pick up
location within the five (5) minutes of arrival.
LATE CANCELLATION
The passenger calls to cancel with less than one (1) hour notice prior to the scheduled pick-up time.
NOTE: If a passenger has a “no-show” for the first trip, every attempt will be made to contact the
passenger by phone if possible. ADA regulations prohibit Dial-A-Ride from automatically canceling
the return trip after a “no show” has occurred. If the return trip is subsequently a “no show”, that will
be counted as a second “no show” for the day. Each trip that is “no showed” is assessed independently
in accordance with ADA regulations.
NO SHOW POLICY
RFP 8803 Paratransit Services 7 Page 93 of 336
EXCEPTIONS FOR
CANCELATIONS
The following exceptions are provided in accordance with ADA regulations:
MEDICAL DELAY
Any trip a passenger has missed because they were not finished with their medical appointment will be
marked a “Medical Delay” and not charged as a “No Show.”
CIRCUMSTANCES BEYOND CONTROL
Cancellations that meet the definition of a “No Show” that occur due to a situation outside the
passenger’s control will not be charged as a “No Show.” Because there is no way for staff to know when
this type of situation has occurred, “Circumstances Beyond Control” will be determined once a
passenger has called to inquire about the “No Show” notification with a supervisor. Cancellations
determined to be outside the customer’s control will not be charged as a “No Show.”
PLEASE NOTE: If a passenger has been medically delayed, requests return service, but the passenger is
then not available when the driver arrives, a “no show” will be assessed.
NO SHOW SUSPENSIONS
Each time a passenger has had a “No Show Violation” assessed, a letter will be sent to the passengers
mailing address within a reasonable amount of time, generally within three (3) business days of the
violation. If the passenger has three (3) or more “No Show Violations” in a thirty (30) day period, the
passenger’s account will be reviewed. If it is determined that the customer’s rate of “no shows” exceeds
three (3) times the current system “no show” rate, a suspension letter will be sent to the passenger.
The system “no show” rate is equal to the total valid “no shows” in a month divided by the total
scheduled trips in a month. For example, if there were one hundred (100) “no shows” in a one (1)
month period and there were a total of three thousand (3,000) scheduled trips, the month’s system
“no show” rate would be 100 ÷ 3,000 or 3.3%.
The passenger’s “no show” rate is equal to the total valid “no shows” they received in a month by the
total number of rides they had scheduled. For example, if a passenger had three (3) no shows in a
month and had a total of thirty (30) trips scheduled, their “no show” rate would be 3 ÷ 30 or 10%. Using
the system rate example above, this passenger would be suspended because their “no show” rate is three
times higher than the system rate of 3.3%.
RFP 8803 Paratransit Services 8 Page 94 of 336
NO SHOW SUSPENSIONS
CONTINUED
THE FOLLOWING SCHEDULE WILL BE USED TO CALCULATE THE DURATION OF THE
SUSPENSION:
First suspension in a rolling one (1) year period: 7 Days
Second suspension in a rolling one (1) year period: 14 Days
Third suspension in a rolling one (1) year period: 21 Days
Fourth Suspension in a rolling one (1) year period: 30 Days
The one (1) year rolling period refers to the previous twelve (12) month period from the date of the
current suspension notice.
SUBSCRIPTION SERVICE
Subscription Service is limited to passengers traveling to the same place at the same time at least three
(3) times a week. Dial-A-Ride offers a subscription service on a space available basis. Passengers must
successfully take the requested subscription rides for at least two (2) weeks prior to requesting
subscription service. Dial-A-Ride may terminate a Subscription Service that is canceled fifty percent
(50%) or more of the time during any thirty (30) calendar day period, or if there is a consistent pattern
of cancellations.
PERSONAL CARE ATTENDANT
A Personal Care Attendant (PCA) may accompany a registered Dial-A-Ride passenger at no additional
charge. The client profile must indicate that they are eligible to have a PCA. Space must be reserved at
the time of the reservation.
GUESTS
Guests are welcome and will be charged $2.00 each way of the ride. Due to limited space, each passenger
is allowed one (1) guest per trip. Seating for more than one (1) guest is on a “space available” basis when
scheduling a trip. Passengers must reserve space for guests (including children) when scheduling a trip.
Only one (1) vehicle dispatched per registered Dial-A-Ride passenger.
RFP 8803 Paratransit Services 9 Page 95 of 336
SERVICE ANIMALS
Service animals are allowed to accompany passengers. The clients profile must indicate that they use a
service animal. Space must be reserved at the time of the reservation. Drivers are not allowed to handle
service animals, for safety and security reasons.
Personal pets may only board a Dial-A-Ride vehicle if carried in an animal carrier. Drivers are not
permitted to assist in carrying the animal carrier, for safety and security reasons.
DOOR TO DOOR SERVICE
Dial-A-Ride provides door-to-door service. Drivers are not permitted to enter beyond the threshold or
ground level of any residence.
Drivers will go to the door and knock or ring the doorbell (if one is available), or if at a public building,
will go to the lobby to try to make contact with a receptionist or passenger. For drop-offs, the driver will
drop the passenger off at the passenger’s destination and assist them to the door.
The driver will identify his or her name that he or she is there to pick up the passenger. Drivers will
offer and provide assistance to and from the vehicle, including pushing manual wheelchairs, offering an
elbow to the customer as a mobility aid and/or verbal directions if needed. Drivers will confirm your
requested drop-off location and inform you of the general plan of travel such as number of pick-ups or
drop-offs along the way.
For the safety and security of other passengers and Dial-A- Ride property, drivers must maintain line of
sight of the vehicle at all times unless the vehicle is properly secured.
ASSISTANCE WITH STEPS
Drivers will assist passengers using manual wheelchairs to navigate up or down no more than one (1)
consecutive step in the passenger’s path of travel. Drivers will assist ambulatory passengers with limited
mobility up and down all steps in their path of travel.
DOORS & RAMPS
Drivers will open the first set of exterior doors at all locations for passengers needing assistance.
Drivers will push a passenger’s manual wheelchair up and down all ramps in the passenger’s path of
travel unless the slope of the ramp is so steep that it would present too great of a risk of harm to the
driver or the construction of the ramp would pose a risk of harm to the driver.
RFP 8803 Paratransit Services 10 Page 96 of 336
CLEAR PATH OF TRAVEL
It is the sole responsibility of the passenger in a personal residence to assure the area of pickup is
cleared of snow, mud, debris etc. If the area is unsafe to the passenger, vehicle or driver, the ride will not
be provided.
BOARDING MOBILITY DEVICES & WHEELCHAIRS
Dial-A-Ride will accommodate wheelchairs and other mobility devices along with occupants as long
as the lift/ramp and vehicle can physically accommodate them, doing so would not cause a valid safety
concern, or block an aisle or interfere with the safe evacuation of passengers in an emergency.
Drivers are required to use four (4) safety securements. A lap belt, as well as a shoulder belt for
passengers traveling while seated in wheelchairs and mobility devices will be offered. Passengers may
refuse the lap belt and shoulder belt securements. A trip cannot be denied if the driver is physically
unable to secure the mobility device. A supervisor will be immediately dispatched to aid in these
situations.
RESPIRATORS & PORTABLE OXYGEN EQUIPMENT
Portable oxygen equipment and portable respirators are permitted on Dial-A-Ride vehicles. The driver
will assist passengers to secure this equipment in the vehicle.
ADDITIONAL TRAVEL CONSIDERATIONS
PACKAGES: Carry-on packages are limited to four (4) grocery-sized bags or similar-sized packages
per passenger. Drivers are required to help passengers carry packages on and off the vehicle from the
same sidewalk or waiting area where the passenger boards and gets off the vehicle. Packages must weigh
no more than fifteen (15) pounds each.
Passengers may use a personal two (2)-wheel grocery cart to carry more than four (4), fifteen (15)
pound bags. Drivers will secure the cart in the vehicle. Please notify the reservationist at time of
scheduling if you will be using a two (2)-wheeled grocery cart.
SNOW: Drivers are required to push a passenger’s manual wheelchair through snow unless the snow is
so deep that it would present too great of a risk of harm to the driver. Drivers are not required to shovel
snow to clear a path of travel.
HAND TO HAND DROP-OFFS: If a customer, due to their disability, must be met when they
are dropped off, and the person meeting them is not there when the driver arrives, the passenger will be
transported back to a safe location. The passenger’s guardian or caregiver will be notified and required
to come pick up the passenger or to make other transportation arrangements. If we are unable to make
contact with the guardian or caretaker, the proper authorities will be notified.
RFP 8803 Paratransit Services 11 Page 97 of 336
EMERGENCY SERVICE
In the event of a natural or man-made disaster, Dial-A-Ride may not be able to continue to
provide services. In such cases, it will be the responsibility of the client to contact the Dial-A-Ride
Dispatch office and inquire as to the status of their service. Every attempt shall be made to transport all
of our clients; however, in extreme emergencies it may be necessary to refer clients to 911.
PASSENGER RULES OF CONDUCT
Passengers are asked to follow these rules of conduct to ensure the safety and comfort of all
passengers and the driver:
• No smoking on board
• No eating or drinking on board (unless required for health reasons)
• No abusive, threatening or obscene language or actions
• No operating or tampering with any equipment while on board a Dial-A-Ride vehicle
• No radios, cassette tape players, compact disk players or other sound-generating equipment
are to be played aboard the vehicles without headphones
• No verbally abusive language or abusive behavior with any Dial-A-Ride staff whether in person or on
the phone. Passengers who violate rules of conduct are subject to suspension of service. Suspensions
may be appealed.
RFP 8803 Paratransit Services 12 Page 98 of 336
DIAL-A-TAXI
INFORMATION &
RESERVATIONS
970-224-6066
MONDAY - SUNDAY
8:00A.M.-5:00P.M
DIAL-A-TAXI
COLT offers subsidies for your taxi trips through a voucher program. These trips are
like any ordinary taxi ride, providing door-to-door service, yet will cost the passenger less
because of the subsidy. The Dial-A-Taxi program is operated by Yellow Cab; wheelchair
accessible vans are available. Trips are subject to availability by the taxicab operator, and
are scheduled on a first come, first serve basis. Funding is provided by COLT through a
grant from the Federal Transit Administration. Trips must originate within the Dial-A-Ride
(DAR) Service Area but can end anywhere. Return trips must have an origin trip, and must
end within this area. All reservations and payments are made with Yellow Cab. Requests can
be made up to 24 hours in advance of the trip.
FARES
COLT covers fares up to $20 on the taximeter. Passengers are responsible for any balance
over $20. Personal care attendants accompanying Dial-A-Ride clients ride free. Fees are paid
directly to the taxi cab operator via cash or authorized credit card.
RFP 8803 Paratransit Services 13 Page 99 of 336
ATTACHMENT C
FEE SCHEDULE
Fee Schedule 1 – Service Provider Charges
DAR ADA Paratransit Services:
COST PER TRIP
Type of Service 2019 2020 2021 2022 2023
Ambulatory
Non-Ambulatory
COLT ADA Paratransit Services:
COST PER TRIP
Type of Service 2019 2020 2021 2022 2023
Ambulatory
Non-Ambulatory
Call Center Services:
COST PER MONTH
Call Center 2019 2020 2021 2022 2023
DAR
COLT
Road Supervisor Services:
Please provide an outline of the proposed scheduled for a Road Supervisor:
MON TUES WED THURS FRI SAT SUN
RFP 8803 Paratransit Services Page 100 of 336
Provide the corresponding cost for proposed Road Supervisor:
COST PER MONTH
2019 2020 2021 2022 2023
Road Supervisor
Monthly Fee
Foothills Gateway Shuttle
COST PER REVENUE HOUR
2019 2020 2021 2022 2023
On Call Services:
COST PER REVENUE HOUR
2019 2020 2021 2022 2023
RFP 8803 Paratransit Services Page 101 of 336
Fee Schedule 2 – City 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:
Annual Fees:
Cost Per Vehicle Quantity Total Annual Lease Fees
Vehicle Lease $50.00 3 $150.00
One Time Fees:
Cost Per Hour Qty (hours) Total Fee
DriverMate Training* $100.00 4 $400.00
Scheduling Software Training** $100.00 40 $4000.00
* Cost of training if requested by Service Provider
** Only 40 hours training is identified. Any additional training must be scheduled and will be
charged at the above rate.
RFP 8803 Paratransit Services Page 102 of 336
Dial-A-Ride Procedures
Reference Documents
Updated August 2018
RFP 8803 Paratransit Services Page 103 of 336
[i]
Contents
City of Fort Collins Incident Procedure ............................................................................................................... 1
Reservations ........................................................................................................................................................ 2
Intake Process ..................................................................................................................................................... 3
Visitor Status ....................................................................................................................................................... 4
Client Eligibility.................................................................................................................................................... 4
Definitions ........................................................................................................................................................... 5
No Strand Policy .................................................................................................................................................. 7
Trip Changes ....................................................................................................................................................... 8
Fares .................................................................................................................................................................... 8
Passengers without Fare ..................................................................................................................................... 9
Fare Changes ..................................................................................................................................................... 10
Ticket/token orders .......................................................................................................................................... 11
Subscriptions ..................................................................................................................................................... 12
Trackers ............................................................................................................................................................. 13
Scheduler/Manifest .......................................................................................................................................... 14
RFP 8803 Paratransit Services Page 104 of 336
[1]
City of Fort Collins Incident Procedure
(Pertains to any Collision/Injury/Incident involving Dial-A-Ride (DAR) & Foothills Gateway Shuttle (FHG))
Accident Definition: When any part of a vehicle other than the bottom surface of the tires comes in
contact with anything other than the top surface of the roadway resulting in bodily injury, death,
property damage or physical damage, regardless of the nature, extent, or dollar amount (i.e., $1 or
more) of injury or damage.
Gather the information, then call Transfort Dispatch at 224-6095 for collision/passenger injury
notification.
In the event that you must leave a voicemail when Transfort is not staffed, ensure all the following
information is included:
a) Date/Time of incident
b) Incident type (use following list)
a. COLLISION W/FIXED OBJECT (Pole is an example of a fixed object)
b. COLLISION W/STAT OBJECT (Dumpster is an example of a stationary object)
c. COLLISION W/MOVING VEHICLE
d. COLLISION W/BICYCLE
e. COLLISION W/PEDESTRIAN
f. PSGR INJURY
g. CITIZEN INJURY
c) Service vehicle number involved
d) Location of incident
e) Passengers involved (if any, include names)
f) All parties involved (including name/phone if known) and their involvement (ie injured,
witness, etc)
g) Names (if known) of involved parties
h) Gender and approximate age of affected parties
i) If injury,
a. Transported by Ambulance?
b. Number transported by ambulance?
c. Conscious?
d. Breathing?
e. Chest Pain?
f. Blood Loss?
j) Description of any damage to any vehicles or property
k) Vehicle description (and any identifying info such as license plate if known)
a. Please note that Transfort Dispatch staff will call back once they receive the
voicemail.
b. Contact City Contract Manager directly for all injuries as well as any collisions
requiring a tow truck.
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The driver must go in for post-accident testing if the accident results in a fatality. Driver will also go in
for post-accident testing if a vehicle is towed from the site due to being inoperable OR if anyone on
scene from the accident is transported by emergency services to get medical treatment AND the
driver’s performance cannot be completely discounted as a contributing factor.
Reservations
Answer Phone: “Thank you for calling Dial A Ride. How may I help you?”
(Call Center Staff, Drivers, Supervisors and Dispatchers shall provide friendly customer service at all
times. Rude or inappropriate behavior by staff shall not be tolerated)
Trip requests will be booked 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.
When booking a trip request, call taker must verify the following for each leg of the 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
• Funding, if applicable
• Vehicle type exclusion, if applicable
• Mobility device, if applicable
At the end of every trip booking, the reservation agent will offer the Booking Numbers to the client for
their reference.
DAR trips shall not be booked same day unless the following:
• It is a trip that was an earlier no-show and the pickup location for said trip was not the Client’s
residence. This is to ensure that no client will be “stranded” in a location outside their residence.
However, Clients who were a no show at their residence shall not have their trip rescheduled for the
same-day.
• 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
• The trip was not honored due to Call Center staff error
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• It is by order of Contract Manager
Reservation Times:
• Core DAR Service Area
o Monday-Saturday
o Center Times between 0615-2245
• MAX Additional Service Area (BOTH Pick Up & Drop Off MUST be inside this service area)
o Monday-Saturday
o Center Times between 0515-0600 & 2300-2415
• Late Night Service Area (BOTH Pick Up & Drop Off MUST be inside this service area)
o Friday & Saturday
o Center Times between 2300-2615
• Harmony Additional Service Area (BOTH Pick Up & Drop Off MUST be inside this service area)
o Monday-Friday
o Center Times between 0600-1915
• Sunday/Holiday Service (BOTH Pick Up & Drop Off MUST be inside this service area)
o Center Times between 0815-1845
• There must be at least 1 hour and 15 minutes between trips for a passenger
• For an appointment time to be reserved there must be a 45 minute lead time prior to the
appointment time. For example, client wants a 0900 appointment time, the reservation much
have an 0815, or earlier, center time.
Intake Process
City of Fort Collins (CFC) or City of Loveland Transit (COLT) eligibility staff will be responsible for determining
eligibility for DAR services. If a person calls to request a trip but does not have current eligibility, record the
following information:
• Name (first, last and middle initial)
• Date of Birth
• Service Area (Transfort or Loveland)
• Address, including zip code
• Email address
• Phone number
This information should then be entered into Clever Incident Management and the appropriate eligibility
staff will contact the person to begin the application process.
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Visitor Status
The Americans with Disabilities Act of 1990 (ADA) requires transit agencies to provide visitors to an area
with complementary paratransit service under certain circumstances, such as eligibility in another
jurisdiction, or an apparent disability. If a person calls requesting visitor status eligibility, it is very important
to convey their information to the City Contract Manager as soon as possible as the ADA strictly limits the
amount of time transit agencies have to respond to inquiries for visitor status. Please email
DARvisitor@fcgov.com within one (1) hour of receiving an inquiry.
Client Eligibility
There are 3 types of eligibility for DAR Passengers:
1. UE: Unconditional Eligibility
2. TE: Temporary Eligibility
Provided to passengers who have a temporary disability/illness that prevents them from using
the Transfort fixed route system. Eligibility may be provided for the expected duration of the
disability. Temporary eligibility may be conditional or unconditional depending on the
individual’s needs. Any conditions, if applicable, will be clearly explained.
3. CE: Conditional Eligibility
Any condition applied to service is done so on an individual basis depending on the needs of the
passenger. Because conditions vary from one individual to another, they will be clearly
explained on the eligibility letter. Transfort’s eligibility specialist will be able to answer any
questions you may have regarding conditions. See Conditions below for reference:
• 84-Exempt: Client’s home address is outside of the DAR service area but has been
grandfathered-in and is approved to have trips originate and/or terminate from their home
address.
• Unfamiliar Trip: Used when a passenger, either due to a cognitive or sensory impairment, is
unable to independently navigate fixed route service unless they have either been trained for
the trip or they have demonstrated that they can independently complete the trip on fixed
route.
• Manual Wheelchair (WH): Client must be using a manual wheelchair in order to be eligible for
the trip.
• Cold/Heat/Humidity: Used for passengers who, because of a health condition, would be at an
unreasonable risk of health problems should they try to navigate fixed route service when the
temperature or humidity is above or below a point specific by their health care professional.
There is a ±5 degrees for cold/heat and ±5 percent for humidity.
• Origin or Destination at Home: Generally used for passengers who have a service area
exemption. (84- exempt).
• 7 Day Snow-Ice Grace: Used for passengers who have eligibility for snow and/or ice. When it
snows, even if only light snow, there is an automatic 7 day grace period which needs to be
logged.
• 30% Snow: Used for passengers who cannot navigate fixed route when there is at least a 30%
chance of snowfall forecast within the next 24 hours.
• 30% Rain: Generally used for passengers who use wheelchairs. This is an internal
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operational policy to avoid battery/electrical problems for power wheelchairs in the
rain. There must be at least a 30% chance of rainfall forecast within the next 24
hours.
• Distance to Stop: For passengers whose origin or destination is greater than a certain,
specified distance to a bus stop.
• Dark-Light: Used for passengers who have either light sensitivity/blindness or dark blindness.
It should be noted that in the summer, if the passenger has “dark” eligibility, the period of
time between sundown and night service must not be considered a “dark” qualifier. There is a
±30 minutes on either side of the sunrise and sunset times.
• Presumptive-Condition: In situations where there is grey area and the passenger is giving a
plausible explanation why they cannot use fixed route, or if there’s uncertainty about the
conditions, this may be applied with great scrutiny. There must be an explanation forthcoming
and efforts shown to mitigate the continuation of trips using this code.
• Inaccessible Stop: For passengers who can normally use fixed route, but there may be a
physical barrier which prohibits access to a particular stop, or a reasonable alternative to the
stop
• Fatigue: Used for passengers, who, because of their disability undergo extensive exhaustion
due to their disability. An example of someone who has this condition might be someone who
goes to dialysis and can normally navigate fixed route independently. However, the passenger
may have stated that they are too fatigued after dialysis to be able to ride fixed route home.
• Night Service: This is not an ADA qualifier. However, DAR offers non-ADA paratransit for
passengers who are clients of DAR. This should be applied for any night trips. Night Service
1930-2245 every night.
• Other-See Comment: Generally, for supervisor overrides/exceptions. Use extremely sparingly.
Definitions
Cancellations: DAR utilizes many different types of cancellation codes for a variety of reasons.
Passengers are suspended if they have 3 No Shows, Cancel at the Door or Late Cancels. When deciding if
a passenger is eligible for subscriptions, the type of cancels by a passenger are also taken into
consideration.
It is important that all cancelled trips are trackered, indicating who called in to cancel the trip so that it is
documented. This will help to resolve any discrepancies later.
• Advanced Cancellation (CA): When a passenger calls before the day of their trip, the trip is cancelled
as a cancel in advance or CA.
• Same Day Cancellation (CS): When a passenger calls to cancel their trip on the same day of their
trip, more than one hour in advance of the scheduled pick up time, it is considered a same day
cancellation (CS).
• Late Cancel (CL): This is used if a passenger calls to cancel their trip, less than an hour before their
scheduled pick up time. This does count against the passenger and they will receive a letter from
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the city. This letter will inform them that if they are to receive 3 CL, Cancel at the Door or No
Shows within a 30 day period, they will be suspended.
• Cancel at the Door (CD): If a passenger does not cancel their trip until the driver has arrived at their
pick up location, it is considered a cancel at the door (CD). This applies if the passenger tells the
driver when they show up or if they call in and tell dispatch after the driver has arrived at their pick
up location.
• Medical Delay (MN): Medical delays can only be used if a passenger is at a medical facility and has
been delayed by the doctor’s office. This includes if a passenger’s appointment takes longer than
they thought or if their appointment time was delayed. These trips need tracker information of why
it was a medical delay. This applies for when a driver arrives at a medical facility and the passenger
is not ready. Do not cancel these trips as No Shows, please make sure that they are medical delays.
When the passenger is ready to go, they need to call the office and a new trip be made. In this
instance, a same-day trip is authorized. Try to give the trip back to the same driver that originally
had the trip, but always remember the needs of the passenger come before the desires of the
driver. If they are not able to pick up the passenger within an hour of time the passenger called, it
must be given to another driver.
• No Show (NS): If the driver cannot find a passenger at their pick up location, they must follow
proper No Show procedure. Drivers must go to the door of the pickup location and make every
reasonable effort to find the passenger. If the driver is unsuccessful in location the passenger, they
will notify dispatch and request that the dispatcher attempt to contact the passenger by phone.
Dispatch must make every attempt to contact the passenger. The driver must wait five minutes
from their arrival time before they can request a No Show designation for that trip. The driver
should not leave the pickup location until after the No Show has been granted by dispatch.
If a driver arrives at a location and the passenger is not found after five minutes, the driver
must send a No Show. A new trip must be booked for the passenger when they are ready to
go. Be sure to tracker why the trip was made same day.
If a passenger has a No Show on their A-trip, it cannot be assumed that their later trips are also
cancels. None of these trips can be cancelled until contact is made with the passenger. Please
make every attempt to contact the passenger and find out in advance if the passenger will still be
needing their other trips for the day.
If a passenger is a No Show somewhere other than their residence, dispatch must stay until the
end of service hours. Due to the “No Strand” policy, passengers are guaranteed a ride home until
the end of service hours. A trip that is different than the no showed trip cannot be made, but the
no show trip can be remade so that the passenger can be picked up.
For more details on the “No Strand” policy, please see the No Strand Policy section.
Denials: A trip denial results when DAR service does not accept a trip request. Examples of denials include:
• Rider requests a next-day trip and the Service Providers says it cannot provide the trip
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• Rider requests a trip and the Service Provider can only offer a trip that is outside the 1 hour
negotiating window. This is considered a denial regardless of whether the rider accepts the offer
• Rider requests a round trip and the agency can only provide one leg of the trip. If the rider does not
accept the one-way trip, both portions of the trip are considered denials.
Missed Trip: Missed Trips are caused by agencies, not by riders, and result from trips that are requested,
confirmed and scheduled but do not take place for any of the following reasons:
• Vehicle arrives and leaves outside (before or after) the pickup window without picking up the rider –
either because the rider is not there, or because the rider declines to take the trip. If a vehicle
arrives early, a rider is not obligated to board until the beginning of the pickup window plus an
additional 5 minutes (wait-time policy).
• Vehicle does not wait the required time (5 minutes) within the pickup window, there is no contact
with the rider and the vehicle departs without the rider. If during the minimum wait time the rider
indicates they no longer want to take the trip, this is recorded as a “cancel at the door”.
• The vehicle does not arrive at the pickup location.
On-Time Performance: Acceptable deviation from scheduled center time is +/- 15 minutes. The driver is
obligated to arrive at the pick-up location within 15 minutes of either side of the scheduled pick-up time.
Excessively Long Trips: Maximum riding time in vehicles=1 hour. 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 route service in 15
minutes, the total trip length on paratransit must not be greater than 30 minutes. The schedulers shall
not schedule manifests that do not meet this standard and shall adhere to this standard during its
operations.
No Strand Policy
This policy only applies to passenger who is a “No Show” for their regularly booked trip. The trip that is
accommodating picking them up from the no show location and taking them to their next trip is referred
to as a no strand trip.
If a passenger is a no show, try to accommodate the trip from their pick up location to their next location
of the day. If this is just back to their home, then this is a simple trip. Try to accommodate the client as
soon as possible and pick them up at the next available time. Ensure the driver will not be late to another
passenger’s trip in order to accommodate a no strand trip.
If the passenger is not returning home and has more trips for the day, they can be transported to their
next location of the day. Again, this is dependent on what can be reasonably accommodated. If a
passenger will then be changing the times of the rest of their trips for the day after their no strand trip
and the changes can be accommodated, they should be.
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If the changes cannot be accommodated, then there is no requirement to take them to their next location;
transport the client home and the rest of their trips for the day can be cancelled.
If a driver cannot get back to pick up a passenger for an extended period of time and this will either make
the passenger late or change their trips for the rest of the day, then they can be transported home and
notified the remainder of their trips for the day cannot be accommodated.
If a passenger is being picked up from a no show and they were originally scheduled to go back home
but now wish to go to another location, and the change can be accommodated, the trip can be
changed. However, no other DAR trips can be provided for the passenger at that point.
Trip Changes
If a passenger would like to make a change to a trip that has already been booked, the trip must be
cancelled, and a new trip booked in its place. Passengers are not guaranteed changes on booked trips, so
they are only made if it can be accommodated using existing drivers and vehicles.
If a passenger would like to change a pick up location or drop location, it has to be confirmed that this
will not make the driver late for any of their other future trips. Once this is confirmed, the passenger’s
trip must be cancelled and remade with the new pick up or drop location. This is so that we have a
“paper-trail” for any changes that we make to trips.
If a passenger is ready early for their trip, a modify tracker is entered in the system on the trip. Contact
must then be made with the driver to find out when they are able to pick up the trip. If the driver that the
trip is assigned to is not able to get to the trip any earlier, the trip time is not changed. If the passenger is
ready hours before their scheduled pick up time (2+) and the assigned driver cannot get there any earlier
than the scheduled time, the trip may be given to another driver who can get the trip sooner. Early
pickups are not guaranteed to passengers who request them, but we make reasonable efforts to
accommodate these requests as long as it does not negatively impact service for other passengers.
Passengers needing to change their space type should also have their original trip cancelled and a new
one made with the correct space type (wheelchair, ambulatory, etc). If a passenger calls in to change their
space type and it no longer fits on the assigned driver’s vehicle, the trip must be moved to another vehicle
in order to accommodate the passenger’s new space type.
The only time that a trip may be modified is to change the payment type. For more information, see Fare
Payment.
Passengers CANNOT make a Same Day DAR trip.
Fares
DAR is an extension of the fixed route bus system. The DAR service area, fare amounts, and procedures
are all determined to correspond with fixed route bus service, as mandated by the Department of
Transportation code of federal regulations and the Americans with Disabilities Act of 1990. Fares must be
collected at the time of the ride. Just like a bus system, if the passenger does not have their fare at the
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time of pick up, they are denied a ride. For detailed information, see Passengers without Fare.
Passengers can call in and order tickets or tokens to pay for their trips with. These can be ordered in any
amount the passenger would like for $2.50 each. These tokens and tickets have no cash value. They
represent one paid for ride by the passenger. For more information, see Ticket and Token Orders.
Similarly to the fixed route system, passengers are not allowed to pay for their round trip with a driver.
The bus would not be able to keep track of a passenger that paid for a round trip, and we will not do so
either. There may be a passenger where an exception has been made and it is acceptable to collect
round-trip fare, but this is noted in the passenger information. These are the ONLY passengers that are
allowed to pay round trip.
Drivers are not expected to give the passengers change if they do not have exact fare, just as the city
bus. If a passenger overpays for a trip, the driver is not expected to have change for each passenger.
There are four types of fares for DAR passengers, Regular, No-Fare, No-Pay and Repaid:
Regular Fare (REG)
When a trip is booked with DAR the fare is automatically booked as a regular fare. This is a fare that is $2.50.
This fare is the calculated fare. This fare is for each person that the trip is transporting. Guests and
passenger will have a $2.50 fare each. Passengers with approved Personal Care Attendants (PCA’s) can have
one PCA accompany them for free. In all cases, Service Animals accompany passengers for free.
Regular fares are also used for passengers who owe fares from previous unpaid trips. For information on
changing fares, see Fare Changes.
No-Fare (NF)
If a passenger is being transported from home doesn’t have fare and the driver has already
begun to transport them and cannot take the passenger back to their house, the trip must be
edited and changed to a “No Fare”. The next trip that the passenger takes must then be changed
to include the fare that they did not pay on the previous trip. For more information see Fares –
Passenger without Fare.
No-Pay (NP)
If a passenger is being picked up at a location other than their home and they do not have fare
with them, we will still transport them under our No Strand policy. When this occurs, the trip
fare needs to be changed to a “No Pay” and their next trip needs to be booked with the
additional fare added in. For more information see Fares – Passenger without Fare.
Repaid (RP)
This is used when a passenger pays for a previously unpaid trip. The trip that was previously a NP
or a NF is changed to repaid (RP) when the fare is collected. For more information, see Fare
Changes.
Passengers without Fare
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When a driver arrives to pick up a passenger from their home, they must collect the fare from the
passenger as soon as the passenger is in the vehicle, and before departing from the pickup location.
If a passenger does not have their fare at this time, they are denied their ride and their current trip must
be cancelled. If they have any future trips, dispatch needs to inquire if they will need those trips for the
day, and will be able to pay the corresponding fare for each trip. We will not make a new trip for a
passenger later in the day to replace the trip for which they did not have a fare. This would count as a
same-day trip, which we cannot accommodate.
For example, when a driver arrives to pick up a passenger they will go to the door and walk the
passenger out to their vehicle. Once the passenger is loaded into their vehicle the driver will ask
the passenger for their fare for the trip, which shows on their MDT. At this time, the passenger is
supposed to present the driver with the correct fare amount. If the passenger does not have the
fare for the trip, the driver must inform dispatch and then unload the passenger and take them
back inside. Dispatch will cancel the trip as a Cancel at the Door (CD). If there are other trips for
the passenger for the day, dispatch needs to call the passenger and ask if they will still need
these trips.
If a passenger doesn’t have fare and the driver has already began to transport them and cannot take the
passenger back to their house, then the trip must be edited and changed to a “No Fare”. The next trip
that the passenger has must then be changed to include the fare that they did not pay on the previous
trip. On how to add the fare on the next trip, see Fare Changes.
If a passenger is being picked up at a location other than their home and they do not have fare with
them, we will still transport them under our No Strand policy. When this occurs, the trip fare needs to
be changed to a “No Pay” and their next trip needs to be booked with the additional fare added in. On
how to add the fare on the next trip, see Fare Changes.
For example, if a passenger is going from the Senior Center to home and they do not have the
$2.50 for the ride, we will transport them home. This trip needs to then be edited, changed to
a “No Pay” and saved. The passenger’s next trip needs to be found and the fare changed to
$5.00 to include the fare for trip and the fare for the trip that they did not pay for.
Outstanding ticket or token orders can NEVER be used to cover a passengers’ payment for their trip.
Passenger may not call and order tickets with dispatch and then use those to pay for a trip for which
they do not currently have a fare.
For more information, see Ticket and Token Orders.
Fare Changes
To change any fare type, the trip must be pulled up in the Trip Booking screen. The fare type can then be
changed using the drop down menu under the fares in the lower right-hand side of the screen. For more
information on fare types and their uses, see Fare Types.
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To change a passenger’s fare amount:
When a passenger does not pay for a previous trip, their next trip’s fare must include the fare of the
unpaid trip. To change a fare to include the unpaid fare, the following steps must be followed.
1. The passenger’s next trip is pulled up and edited in the Trip Booking screen.
2. Once the trip is pulled up, the calc field in Fares is changed to NO. This is done by clicking
on “yes” underneath the calc field, it will then change to no.
3. The fare can now be edited to whatever is owed for the previous fares.
To change a fare after a passenger repays:
For repaid trips, the trip that was marked as a NP or NF previously is changed to repaid. This is done through
the following:
1. The passenger’s NP or NF trip is pulled up in the Trip Booking screen.
2. Once the trip is up, the fare type is changed to Repaid.
3. Save the trip so that it is in the system as repaid, they will now no longer show up on the NP
reports.
Ticket/token orders
Ticket or token orders are called in by the passenger or a caretaker of a passenger to purchase. Each
ticket and token is worth $2.50. These can be paid for with cash or check at time of delivery, or in
advance with a credit card over the phone.
Orders must be made either over the phone or in person at the Yellow Cab office between 8:00 and
17:00, Monday through Saturday.
No orders can be placed before 8:00 or after 17:00, no exceptions.
Ticket/token orders cannot be ordered for same day trips. At least one day of processing is required for all
orders. The only orders that will go out during a day are the ones that are made before 17:00 the day
before.
If a passenger has an outstanding ticket or token order at the office, tickets or tokens may not be
removed from it to pay for a passenger’s trip in the office, even if the order is prepaid.
Passengers should receive their ticket or token order the next time that they ride with DAR and
should therefore have their tickets when they are on the vehicle with a driver.
To clarify, if a passenger calls in to make a ticket/token order, they may not use those ordered tickets or
tokens to pay for a trip on the same day that they ordered.
If a passenger calls in on Tuesday and makes a ticket/token order, those tickets/tokens will be
delivered the next time that they ride with DAR. The tickets/tokens ordered on Tuesday cannot
be used to pay for trips on Tuesday.
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Passengers must pay for their tickets or tokens at the time of delivery. If a driver takes an order to a
passenger and they do not have cash or check for the driver in the amount on the order, the driver
cannot give that order to the passenger. It must be returned to dispatch and sent out the next time a
passenger has a trip. The orders are not to be delivered until they have collected payment from the
passenger.
Subscriptions
Subscriptions are for passengers that have the same trip (same pickup and drop off at the same time
and places) three or more times per week. One example is a passenger receiving a medical treatment
several times per week, who therefore travels from their home to the medical facility. The purpose of
these subscriptions is to make things easier for both the passenger and call taker. Subscriptions are
created to automatically generate a reoccurring trip for a passenger so that they do not have to call and
reserve the same trips every two weeks.
How a passenger sets up a subscription:
If a passenger would like to set up a subscription, they must supply all information relevant to
the trips including appointment time, pick up and drop off locations, times, days of the week,
and any notes about the trip. To be eligible for a subscription, the passenger must use the
same one-way or round trip three or more times a week. Typically subscriptions will not be
created for trips going to or from school, or other activities that change every few months.
During the subscription request period, it is the passenger’s responsibility (or someone that calls
for them) to set up their trips. Trips can be set up two weeks in advance, but it is the passenger’s
responsibility to call and continue to make trips until their application is approved.
Changes to current subscription:
Subscription requests are not only for new subscriptions, but also for changes to current
subscriptions. Have the passenger supply the required information. However, just like new
subscriptions, these changes to a subscription can take up to six weeks before they are
approved.
Processes after application:
A subscription request takes up to 6 weeks. In those 6 weeks the passenger’s ridership is
monitored to ensure they are riding regularly (not having too many cancels overall). In addition,
the passenger’s history of no shows, cancel at the doors, or medical delays is reviewed.
If there is a medical delay, this can delay their subscription activation. Their subscription time
may need to be changed so that they are available during the pick-up window for their ride.
This can also mean that we need to start the subscription process over or decline the
subscription if medical delays occur too frequently.
Once application is approved:
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When a subscription has been approved and is officially implemented, monitor the subscription
to ensure there are no glitches in the trips being generated. Once it’s clear the subscription is
generating correctly with no problems, notify the passenger their subscription has been set up.
Until this call is made, the passenger cannot assume that their subscription has been approved.
Reasons application can be denied:
If a subscription, or change to a subscription, becomes more of a hindrance, rather than a
helpful tool, the subscription must be declined or cancelled. If a passenger changes their
subscription too frequently, they may also be declined.
If a passenger is consistently calling in to change their subscription, it will be terminated and a
passenger will be told to call in and make the trips as they would have before.
Please never inform a passenger of a time estimate when their subscription will be instated. The
amount of time it can take for each individual subscription varies and they need to continue to call in
trips until a phone call is made to them confirming that their subscription is now active.
Trackers
A tracker is used within the Trapeze PASS software to document within the dispatch system any unusual
or important information that occurs with a trip. These cannot be seen by the drivers, but any other
dispatcher can pull up the information to learn about the trip. These are used to give a more detailed
description of trip cancellations, time modifications, fare issues, or any other information. All trackers
are a matter of public record, and may be read by other dispatchers, managers, City personnel, or even
representatives of the Federal government. Attention to detail and professional language is important.
There are three types of trackers that are used:
Modify Tracker:
Modify trackers are used when a passenger calls in to change the time of their trip. If they
are ready early, this is used to indicate that the passenger called in, so a driver is not
penalized for an early arrival. This is only used for time changes. Simply entering “client
ready early” is enough information.
Fare Tracker:
Fare trackers or xFR are used when a passenger’s fare must be modified. This is used if a
passenger does not pay for a trip or if they owe for a previous trip. The more information that
can be given in a xFR tracker, the better.
General Tracker:
General trackers are used for all other information about a trip. The more information available
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about a trip, the more informed all dispatchers will be. Trackers are used to see what
happened with a trip later and to leave a paper trail for all of our actions.
General trackers are used when a passenger calls in to cancel a trip, as well. This is for all
cancelled trips, including No Shows, Cancel at the Door and Late Cancels. It is very important that
No Shows, Cancel at the Door and Late Cancels are trackered as they effect the passenger’s
eligibly for trips.
If there is a question if something should be “trackered”, the answer is YES, please do. More
information is always better than not enough.
Scheduler/Manifest
Run the following reports prior to scheduling:
• Daily Reservation Check
• Trip Edits
• Dispatching Aids
Start on “Trip Admin” screen and display all trips for the next day (select start and end date that you are
scheduling for:
• Count the number of unscheduled Para Service Type “Urban” trip for the following day (lower
right hand corner).
o Use this total to help determine how many drivers you may need for the day. (Take the
total number of trips and divide by 17 and this number should get you the number of
drivers you should need for the day. 120/17= 7.05 ~ 7 drivers)
• Check times of trips are within the valid pick up windows
• Check that all pick up/drop off are within area.
• Check to make sure that there is a good continuation of trips for all the passengers.
o Meaning that we pick them up from A, take them to B and then return to B to pick
them up the next time. If there is no return or we are picking up from a different
location that we dropped them at, please look for a tracker that would say it’s a one
way trip or that the client will make their own way to wherever.
• Arrange trips in time order to view any busy hours that may require additional drivers to help
out
• Cross Reference passengers on Vehicle Exclusion list with those with scheduled trips.
Schedule trips using “Schedule Editor”
• Schedule passengers that require specialized vehicles FIRST.
• Schedule the remaining passengers as they fit on the driver’s schedules/vehicles.
• If any violations show on the left hand side of the trip while on schedule editor, the trip will
need to be placed on a different run.
o “CAP” – Capacity Violation: There are too many people for the vehicle that are
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scheduled OR that the passenger’s space type is not accommodated by the vehicle.
o “COV” –Coverage Violation: The passenger is scheduled to be picked up prior to the
passenger being dropped off from the previous ride.
o “ES”—Event Sequence Violation: This happens when the trip is booked out of order,
check the trip via “Trip Booking”
o “HO” –Hostage Violation: The client on board a vehicle that is not moving while the
driver is waiting for another passenger’s time window to open.
o “Ser” –Service Violation: The trip is booked as a different Paraservice Type than the
Run is created as. Dial A Ride trips should be Paraservice Type “Urban”.
o “SE” – Scheduled Early: The trip is scheduled to be picked up earlier than the
window allows
o “SL” –Scheduled Late: The trip is scheduled to be picked up later than the
window allows.
• Drivers should be scheduled 1.8-2.8 trips/hour when the manifest is finalized (Total
Number of Trips/Total Number of hours from first center time to last center time)
Once the manifest is scheduled run the following reports:
• Scheduling Aids –this report can be useful WHILE scheduling as well.
• Schedule Editor – run this report for the day you are scheduling for.
o Click top left corner gray corner between Run Name and 1 (this will highlight the whole
report).
o Right Click and select option “copy”.
o Open Excel File and “Paste” report.
o Save Excel File as the date the manifest is for.
o Print report for back up purposes.
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Personnel
Policies and
Procedures
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Welcome to the City of Fort Collins!
I am delighted that you are joining our City organization. The City of Fort Collins, Colorado, is a
full-service City that has grown from a small agricultural community into a major employment
and retail center for Northern Colorado.
As a municipality, we provide a wide range of services to the public through various
departments throughout the organization. Although we may work in different departments,
we are all City employees, and we share a common mission of providing exceptional service
for an exceptional community.
We are constantly guided by our vision to provide world class municipal services through
operational excellence and a culture of innovation.
These Personnel Policies and Procedures provide several types of information that new and
established employees need to know as they bring structure to our organization and assist all
of us in the day-to-day decision-making processes.
Our policies and procedures need to be consistently applied across the organization as they
are intended to ensure everyone is treated fairly and equitably.
During the year, you may receive changes to this manual as laws, regulations or decisions
about our policies need to be revised. I appreciate you taking the time to read through this
manual and if you have questions to ask your manager or a member of the Human Resources
team.
Again, to you, I extend a warm welcome and best wishes for a successful and fulfilling work
experience with the City.
Darin Atteberry
City Manager
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1 Background Information ................................................................................................... 7
1.1 Introduction to City of Fort Collins Personnel Policies and Procedures ..................................... 7
1.2 Equal Employment Opportunity............................................................................................... 10
1.3 Human Resources Department ............................................................................................... 11
1.4 City Attorney’s Office .............................................................................................................. 13
1.5 Safety, Security & Risk Management (SSRM) Division ........................................................... 14
2 Employment Categories .................................................................................................. 15
2.1 Categories of Employment ...................................................................................................... 15
2.2 Introductory Status .................................................................................................................. 19
3 General Information ......................................................................................................... 20
3.1 Advertisements and Applications ............................................................................................ 20
3.2 Testing and Selection Criteria ................................................................................................. 22
3.3 Employment of Relatives ........................................................................................................ 24
3.4 Residency Requirements ........................................................................................................ 25
3.5 Eligibility Lists ......................................................................................................................... 26
3.6 Promotions, Transfers, Demotions, Reinstatement, and Reduction in Hours ........................... 28
4 General Information ......................................................................................................... 32
4.1 Personnel Files, Employee Information and Reference Requests ........................................... 32
4.2 Educational Assistance and Reimbursement .......................................................................... 34
4.3 Benefits .................................................................................................................................. 36
4.4 Travel, Conference, and Training ............................................................................................ 37
4.5 Privacy and Security of Protected Health Information .............................................................. 40
5 Wages and Hours ............................................................................................................ 42
5.1 Working Hours ........................................................................................................................ 42
5.2 Overtime Pay and Compensatory Time Off ............................................................................. 45
5.3 Meal and Break Periods .......................................................................................................... 49
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5.4 Deductions from Wages .......................................................................................................... 50
5.5 Teleworking ............................................................................................................................ 51
5.6 City Employees as Independent Contractors to the City .......................................................... 53
6 Leave Policies .................................................................................................................. 55
6.1 Reporting Absences and Tardiness ........................................................................................ 55
6.2 Vacation Time......................................................................................................................... 56
6.3 Personal Leave Time ........................................................................................................... 60
6.4 Holiday Time .......................................................................................................................... 61
6.5 Sick Leave .............................................................................................................................. 64
6.6 Injury Leave ............................................................................................................................ 70
6.7 Emergency Leave for Hourly Employees ................................................................................ 74
6.8 Family and Medical Leave ...................................................................................................... 75
6.9 Jury Duty and Witness Appearance Leave .............................................................................. 84
6.10 Voting Time ............................................................................................................................ 86
6.11 Military Leave ......................................................................................................................... 87
6.12 Administrative Leave .............................................................................................................. 90
6.13 Extended Leave of Absence ................................................................................................... 92
6.14 Bereavement Leave ................................................................................................................ 94
6.15 Domestic Violence Leave ....................................................................................................... 95
6.16 Short Term Disability Leave .................................................................................................... 96
6.17 Leave Benefit Year Defined .................................................................................................. 103
6.18 Time Donations .................................................................................................................... 104
7 Modified Duty and Disability ......................................................................................... 106
7.1 Modified Duty........................................................................................................................ 106
7.2 Prolonged or Permanent Disability ........................................................................................ 109
7.3 Accommodations for Conditions Related to Pregnancy or Childbirth ..................................... 111
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8 Conduct .......................................................................................................................... 112
8.1 Conduct and Performance .................................................................................................... 112
8.2 Harassment Prohibited ......................................................................................................... 116
8.3 Threats and Violence Prohibited ........................................................................................... 118
8.4 Computer Security and Acceptable Use ................................................................................ 119
8.5 Personal Use of Equipment, Supplies, and Internet Access .................................................. 122
8.6 Conflict of Interest, Gifts, Stipends, Donations, Outside Employment, Found Property,
and Special Treatment ......................................................................................................... 128
8.7 Dress and Appearance ......................................................................................................... 134
8.8 Restrictions and Solicitations ................................................................................................ 135
8.9 Licenses and Certifications ................................................................................................... 136
8.10 Reporting Criminal Charges .................................................................................................. 137
8.11 Controlled Substances and Alcohol General Policy ............................................................... 138
8.12 Restrictions on Smoking and Other Tobacco Use ................................................................. 147
8.13 Restrictions on Political Activity ............................................................................................. 148
8.14 Citizen Input to Council by City Employees ........................................................................... 151
8.15 Inventions, Designs, Copyrights ............................................................................................ 152
8.16 Vehicle Operation ................................................................................................................. 153
8.17 Controlled Substances and Alcohol Policy (In Compliance with FMCSA Regulations) ........... 157
8.18 City of Fort Collins Transit System - Substance Abuse Policy ............................................... 178
8.19 Acceptance of Service of Process and Notice of Claim; Reporting of Claims and
Preservation of Documents .................................................................................................. 198
8.20 Bulletin Boards and Displays ................................................................................................ 199
8.21 Employee Membership on Boards, Commissions and Authorities ......................................... 200
8.22 Employee Identification Badges ............................................................................................ 201
8.23 Pet Policy ............................................................................................................................. 203
9 Discipline and Corrective Action .................................................................................. 204
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9.1 Discipline and Corrective Action Procedures ......................................................................... 204
9.2 Administrative Investigations ................................................................................................. 207
9.3 Grievance and Appeal Process ............................................................................................. 208
9.4 Issue Resolution Process ..................................................................................................... 212
10 Separation from Employment ....................................................................................... 214
10.1 Separation from Employment ................................................................................................ 214
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1 Background Information
1.1 Introduction to City of Fort Collins Personnel Policies and
Procedures
1.1.1 Purpose of the City of Fort Collins Personnel Policies and Procedures
The purpose of these City of Fort Collins Personnel Policies and Procedures is to give all
employees a general understanding of the employment policies and procedures of the City
of Fort Collins (“City”). These policies and procedures are not intended and shall not be
construed to vest any employee of the City with any rights arising from any express or implied
contract of employment. All employees are expected to comply with the City of Fort Collins
Personnel Policies and Procedures and its updates as changed from time to time by the City.
The City of Fort Collins Personnel Policies and Procedures should be read as a whole
integrated document, and not as isolated sections or provisions.
1.1.2 City of Fort Collins Personnel Policies and Procedures Replaces All Previous
Policies and Practices
The policies contained in these City of Fort Collins Personnel Policies and Procedures
replace and supersede all previous personnel policies, procedures, and practices, whether
written or otherwise, and whether contained in the Employee Services Program Manual,
Administrative Policies or elsewhere.
1.1.3 Authority to Change or Interpret the City of Fort Collins Personnel Policies
and Procedures
Only the City Manager and Chief Human Resources Officer have the authority and discretion
to create, change, or interpret the employment policies and practices of the City, including
the policies in the City of Fort Collins Personnel Policies and Procedures. Additionally, the
City Manager may authorize exceptions to these policies if he or she determines that such
exceptions are in the best interests of the City. If you have any questions or suggestions
regarding the employment policies or procedures, please contact the Human Resources
Department.
1.1.4 Future Changes to the City of Fort Collins Personnel Policies and Procedures
The personnel policies and procedures described in the City of Fort Collins Personnel
Policies and Procedures are provided as a matter of information only, are not contractual
obligations of the City, and are subject to change, suspension or cancellation, in whole or in
part. After such changes to the City of Fort Collins Personnel Policies and Procedures are
effective, notice of the changes will be periodically sent directly to employees and will be
available on the City’s intranet or in the Human Resources Department. Employees are
responsible for acknowledging receipt of and familiarizing themselves with the policy and
procedure changes through the City’s intranet system.
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1.1.5 Nature of Your Employment Relationship
Employment with the City is voluntarily entered into, and employees are free to resign at any
time with or without notice or reason. Similarly, the City is free to conclude its employment
relationship with any employee (except those in classified positions who have completed
their introductory period) at will with or without cause at any time. The employment of
employees in classified positions who have completed their introductory period may be
terminated by the City only for cause (as discussed in the “Separation from Employment”
policy). Neither you nor the City has entered into any contract of employment for a definite
period, expressed or implied. Although the policies in the City of Fort Collins Personnel
Policies and Procedures may be changed from time to time at the discretion of the City, the
termination policy expressed in this paragraph may only be changed in a specific written
contract to the contrary signed both by the employee and the City Manager. No other
practice, written or oral policy or statement by anyone, including supervisors and any other
management personnel, can alter this employment relationship.
1.1.6 These City of Fort Collins Personnel Policies and Procedures Generally Apply
to All Employees
Most of the policies of these City of Fort Collins Personnel Policies and Procedures apply to
all employees, including those in classified and unclassified positions, but some policies only
apply to certain categories of employees. Employment categories are defined in these City
of Fort Collins Personnel Policies and Procedures. Whether a particular policy applies to
certain categories of positions is typically addressed at the beginning of each policy.
However, if a policy does not specify that it only applies to certain categories of employees,
then the policy applies to all employees of the City. Additionally, a policy will not be applicable
to Police Services employees in the Bargaining Unit if the collective bargaining agreement
has a provision addressing the same subject as the City policy.
1.1.7 Applicability of Departmental Work Rules
A. Service areas, departments, divisions, units and committees may adopt their own
written operational and work rules that are consistent with the policies in these City
of Fort Collins Personnel Policies and Procedures. When the City of Fort Collins
Personnel Policies and Procedures also address the subject of such an operational
or work rule, then both the City of Fort Collins Personnel Policies and Procedures
and the departmental operational or work rule govern the employee. In any conflict
or inconsistency, employees must follow the provisions of the City of Fort Collins
Personnel Policies and Procedures, except for employees of the Fort Collins Police
Services who, because of their law enforcement and public safety role, must follow
the provisions of the Police Services Policy Manual promulgated by the Chief of
Police. Employees should address any questions regarding the applicability of City
of Fort Collins Personnel Policies and Procedures and department operational and
work rules to the Human Resources Department.
B. The City authorizes the adoption of Police Services Policy Manual provisions that
are in conflict or inconsistent with the City’s Personnel Policies and Procedures only
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after the City Attorney’s Office has reviewed and provided advice and after the Chief
Human Resources Officer and the City Manager have approved them.
1.1.8 Definition of Commonly Used Terms in These City of Fort Collins Personnel
Policies and Procedures
Throughout these policies, the term “days” refers to calendar days, unless otherwise
specified. In addition, the term “supervisor,” as used in these City of Fort Collins Personnel
Policies and Procedures, includes not only an employee’s immediate supervisor, but also
indirect supervisors higher on the chain of command, such as the department or division
head and Service Area Director. Accordingly, when the policies require that employees notify
their supervisors of something, they may give notice to the department head instead of the
immediate supervisor. Similarly, when a supervisor has the discretion to make a particular
decision, the department or division head or Service Area Director or other person in the
chain of command may make it.
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1.2 Equal Employment Opportunity
A. The City is committed to a policy of equal employment opportunity for all applicants
and employees. Employment decisions comply with all applicable laws prohibiting
discrimination in employment.
B. The City is committed to providing a work environment that is free from unlawful
discrimination and harassment. In keeping with this commitment, the City strictly
prohibits unlawful discrimination in employment based on an individual’s gender
(regardless of gender identity or gender expression), race, color, religion, creed,
national origin, ancestry, age 40 years or older, marital status, disability, sexual
orientation, genetic information, or other characteristics protected by law. For the
purpose of this policy “sexual orientation” means a person’s actual or perceived
orientation toward heterosexuality, homosexuality, and bisexuality. The City also
strictly prohibits unlawful harassment in the workplace, including sexual
harassment. A specific policy prohibiting sexual and other unlawful harassment is
set forth in the “Harassment” section later in these City of Fort Collins Personnel
Policies and Procedures. Further, the City strictly prohibits unlawful retaliation
against a person who engages in protected activity. Protected activity includes an
employee complaining that he or she has been discriminated against in violation of
the above policy or participating in an employment discrimination proceeding.
C. The City is committed to providing a work environment that is free from
discriminatory or unfair employment practices because of pregnancy, a health
condition related to pregnancy, or the physical recovery from childbirth.
D. Any employee who believes that he or she has been unlawfully discriminated
against or harassed should promptly report the facts and the names of the
individuals to the Chief Human Resources Officer or by other means provided by
the City for reporting unlawful or impermissible conduct. The City will promptly
investigate all such complaints and take appropriate action.
E. It should be noted that the prohibition of discrimination in employment on an
individual’s sexual orientation is not intended to create a right or expectation of
benefit eligibility to a person not legally married to, or civil union partner of, the
employee.
F. The City is committed to providing a work environment that is free of harassment
and unlawful discrimination. Consistent with the City’s respect for the rights and
dignity of each employee, harassment based on race, color, religion, sex, national
origin, age, disability, sexual orientation, genetic information, or any other
characteristic protected by the law, will not be sanctioned or tolerated. For additional
information, see Personnel Policy 8.2, Harassment Prohibited.
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1.3 Human Resources Department
1.3.1 Functions of the Human Resources Department
The Human Resources (HR) Department provides centralized personnel services for the
City in the areas of compensation, benefits, recruitment and selection, employee relations,
and organizational development and training. The HR Department is available to provide
information to understand the City’s employment policies and assistance to promote a
positive work environment. The HR Department is the best resource to obtain current
information on work rules, employment policies, payroll data, personnel records, job
opportunities, compensation and benefits, and benefit continuation rights upon termination
of employment.
1.3.2 Assistance to Employees
A. Representatives of the HR Department are available to assist employees with their
employment-related questions and concerns. Employees should feel free to contact
their supervisors or an HR representative for purposes including:
1. To ask questions regarding employment policies;
2. To express concerns regarding working conditions or safety issues;
3. To make complaints of unlawful discrimination, sexual harassment or other unlawful
harassment, or other violations of City policy.
B. In addition, because the HR Department maintains personnel records for all
employees, it is important that employees notify the HR Department promptly of
any changes in their name, marital status, number of dependents, home address,
and telephone number.
1.3.3 Assistance to Departmental Supervisors
A. The HR Department also serves as a resource for supervisors and should be
contacted any time supervisors are considering serious disciplinary action, such as
suspension, demotion or termination of an employee. In addition, supervisors should
contact the HR Department with questions regarding employment policies, complex
employment matters, and any other employment issue not specifically answered in
these City of Fort Collins Personnel Policies and Procedures.
B. Supervisors are required to report immediately to the HR Department all complaints
of unlawful harassment and discrimination (including formal and informal
complaints), all incidents the supervisor observes which might constitute
harassment or discrimination, and all suspected instances of harassment or
discrimination. The HR Department is responsible for investigating all complaints
and incidents of unlawful harassment and discrimination and recommending
appropriate action to resolve the situation.
C. Supervisors are also required to forward all requests for employment verification,
employee references, and personnel information of any nature to the HR
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Department. For additional information, see Personnel Policy 4.1, Personnel Files,
Employee Information and Reference Requests.
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1.4 City Attorney’s Office
1.4.1 Functions of the City Attorney’s Office
The City Attorney’s Office is responsible for advising the City Council and City staff in the
performance of their official duties, representing the City in all legal proceedings, preparing
all legal documents, and prosecuting violations of the City Code and Charter in Municipal
Court. The attorneys represent the City’s interests in court proceedings and prepare
ordinances, resolutions, agreements and other legal documents. In addition, the attorneys
work closely with City officials and employees to anticipate, analyze and address the various
legal issues and concerns that are associated with the day-to-day conduct of City business,
such as legal matters relating to labor and employment, land use and planning, entering into
contracts, and providing City services.
1.4.2 When to Contact the City Attorney’s Office
Generally, City officials and employees should contact the City Attorney’s Office under the following
circumstances:
1. To obtain information about laws that might apply to City operations (including federal and
state laws and the City Charter and Code) and the interpretation and application of those
laws;
2. To seek advice as to whether a policy or proposed course of action is lawful and the legal
implications of policies or proposed courses of action;
3. To draft or review all contracts and agreements;
4. To seek advice any time legal action is threatened, or potential liability is suspected, against
the City or its officials or employees. This includes, but is not limited to, liability concerning an
outside entity or person, or any current or former City employee;
5. To review and interpret any legal papers, including requests under the Public Records Act,
complaints, subpoenas, notices to appear or produce documents, court orders, stipulations,
and other legal papers.
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1.5 Safety, Security & Risk Management (SSRM) Division
Services provided by the SSRM include Safety Services, DOT Compliance, City Security
and Claims Handling/Risk Management including Workers Compensation and General
Liability. For more information about the services we provide or to view policies and
procedures related to SSRM, visit http://citynet.fcgov.com/riskmanagement.
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2 Employment Categories
2.1 Categories of Employment
The City employs every employee in either a classified position or an unclassified position.
In addition, every employee is either “exempt” or “non-exempt” for overtime purposes based
on provisions of the federal and state wage and hour laws. Employees’ personnel action
forms maintained by the Human Resources Department show their category of employment.
2.1.1 Classified Positions
A. A classified position is an authorized, budgeted position included in the Pay Plan.
Classified positions may be “exempt” or “non-exempt” depending on each
employee’s duties and responsibilities.
B. Classified positions may be full-time, in which the employee works the equivalent
of a forty-hour work week, or part-time in which the employee works the equivalent
of a minimum of twenty and a maximum of thirty-nine hours per work week. The
City provides a comprehensive benefit package to full and part- time classified
employees; however, the benefit package for part-time classified employees is
prorated based on the position’s designated FTE. This is explained more fully in
various leave policies in these City of Fort Collins Personnel Policies and
Procedures and other benefit documents provided by the City.
C. All employees in classified positions who have completed their initial period of
introductory status may be terminated only for cause, as defined in the “Separation
from Employment” in these City of Fort Collins Personnel Policies and Procedures.
D. Classified positions include non-management and some management positions.
Classified non-management positions may be exempt or non-exempt from
applicable wage and hour laws depending on the nature of the work performed by
the employee.
2.1.2 Unclassified Positions
A. Unclassified positions include management, hourly, contractual and deputy and
assistant city attorney positions.
B. For unclassified employees, the employment relationship is always at the mutual
consent of the City and the employee. Accordingly, either the employee or the City
may terminate the relationship at will at any time with or without cause or notice.
Unclassified employees do not automatically become classified employees or
otherwise change unclassified categories with the passage of time in an
unclassified position.
C. Types of Unclassified Positions
1. Unclassified Management Positions
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a. An unclassified management position is an authorized, budgeted position included
in the Pay Plan. Such positions may be full-time or part-time. Full-time unclassified
management employees, unless otherwise provided in a written agreement, are
eligible for all City-sponsored benefits, and part-time unclassified management
employees are eligible to participate in City-sponsored benefits on a pro rata basis
based upon their position’s designated FTE. This is explained more fully in various
leave policies in these City of Fort Collins Personnel Policies and Procedures and
other benefit documents provided by the City.
b. Unclassified positions shall be designated by the City Manager.
2. Full-time Hourly Positions
A full-time hourly position is one in which, based on the facts and circumstances
available at the employee’s start date, it is determined that the employee is
reasonably expected to work on average at least 130 hours per month (30 hours
per week).
3. Variable Hour Positions
A Variable Hour position is one in which, based on the facts and circumstances
available at the employee’s start date, it cannot be determined that the
employee is reasonably expected to work on average at least 130 hours per
month (30 hours per week). The City of Fort Collins categorizes employee in
Variable Hour positions in three ways:
a. Part-time Hourly Employee
A part-time hourly employee is one who, at his/her start date, is reasonably
expected to work on average less than 130 hours per month (29 hours per week).
b. Fluctuating Hourly Employee
A fluctuating hourly employee is one form whom, at his/her start date, the work
schedule is uncertain.
c. Seasonal Hourly Employee
A seasonal hourly employee is one who is hired for a customary period of
employment that is 6 months long or less AND that repeats itself roughly the same
time each year.
4. Contractual Positions
The City and an employee may enter into a written employment agreement.
Terms and conditions are specified in the contract and may be different than
those identified in the City Personnel Policies and Procedures. Contractual
positions supplement the City’s regular work force for special projects of a
limited duration, projects funded by grants, budgeted internships, to evaluate a
position or incumbent, or as temporary replacements for other categories of
employees. “Temporary” and “limited duration” means a position (excluding
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grant funded positions) anticipated to be needed for less than four years.
Employees in contractual positions may work full-time or part-time, and may be
“exempt” or “non-exempt” depending on job duties. All contractual employees
are eligible to participate in certain City-sponsored benefits according to the
specific terms of their contracts but are ineligible to participate in City-sponsored
pension, retirement and deferred compensation plans.
5. Deputy and Assistant City Attorneys
Deputy and Assistant City Attorneys are appointed by, and serve at the pleasure
of, the City Attorney. Such attorneys shall be subject to the same Personnel
Policies and Procedures as unclassified management employees, except to the
extent that such Policies and Procedures are modified in writing by the City
Attorney.
2.1.3 Exempt and Non-Exempt Employees
A. Employees who qualify as administrative, executive or professional employees
within the meaning of applicable laws are considered “exempt,” which means that
they are ineligible to earn overtime pay or accrue compensatory time off.
Employees in exempt positions are expected to devote such additional time as may
be necessary to accomplish the duties of their positions, including time outside
normal business hours.
B. Non-exempt employees are compensated for all time they work, and receive
overtime compensation at a time-and-a-half rate, either as wages or “compensatory
time off,” for hours worked in excess of 40 hours in the workweek. Only non- exempt
employees are eligible to earn overtime pay or accrue compensatory time. Specific
limitations relating to overtime compensation and compensatory time are discussed
in the “Overtime Pay and Compensatory Time Off” policy in these City of Fort
Collins Personnel Policies and Procedures.
2.1.4 Full-Time and Part-Time Employees and “FTE”
A. The term “full-time” employee, as used in these City of Fort Collins Personnel
Policies and Procedures, means any employee regardless of category who is
regularly scheduled to work 80 or more hours per biweekly pay period.
B. The term “part-time” employee, as used in these City of Fort Collins Personnel
Policies and Procedures, means any employee regardless of category who is
regularly scheduled to work less than 80 hours per biweekly pay period. City
policies and forms sometimes refer to part-time employees by a particular “FTE,”
which means “full-time equivalent.” For example, an employee referred to as a “0.75
FTE” is someone who is regularly scheduled to work 60 hours per biweekly pay
period, which is 75 percent of a full-time, 80 hour per pay period schedule; and a
“0.5 FTE” is someone who is regularly scheduled to work 40 hours per pay period
which is 50 percent of a full-time schedule.
C. The “FTE” of a classified or unclassified management employee shall be
immediately reduced based on the number of actual hours worked including paid
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leave hours if the employee is, or is anticipated to be, on unpaid leave for a total of
more than 160 hours in any calendar year. This 160 hour limit for maintaining the
“FTE” when paid work hours have been reduced shall be prorated for part-time
classified and unclassified management employees and shall be extended when
required by the Family and Medical Leave Act or the Americans With Disabilities
Act. This subsection C. shall not apply to an employee who has been placed on an
extended leave of absence in accordance with Section 6.13 of these policies.
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2.2 Introductory Status
A. Employees who are hired into classified positions and employees who are moving
from hourly or contractual positions into classified positions begin service on
introductory status for a minimum of six months from the date of hire or movement.
The length of an employee’s introductory status may be extended at the discretion
of the department head or Chief Human Resources Officer for a period of up to 24
months from the date of hire or movement. Introductory status does not
automatically end after the passage of six months or any other length of time.
Introductory status ends only after the employee is notified in writing and after the
status change becomes effective at the beginning of the next pay period.
B. During the introductory period, employment is with the mutual consent of the
employee in the classified position and the City. Accordingly, either the employee
or the City may terminate the employment relationship at will with or without cause
or notice during the introductory period.
C. Employees who are promoted or transferred from another classified position or from
an unclassified management position may only be terminated from employment for
cause and will not be placed on an introductory period for the new position. The
term “cause” is discussed later in the “Separation from Employment” policy in these
City of Fort Collins Personnel Policies and Procedures.
D. Unclassified employees, including unclassified management, contractual, and
hourly employees, do not serve an introductory period. For such employees, the
employment relationship is with the mutual consent of the employee and the City,
and may be terminated by either party at will with or without cause or notice at any
time.
E. Employees serving in an introductory status are eligible for an increase at the end
of said introductory period consistent with Compensation Policies.
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3 General Information
3.1 Advertisements and Applications
A. The Human Resources Department coordinates recruitment efforts and prepares
position announcements and advertisements for all City positions in all employment
categories. Job announcements are distributed to departments for posting and are
also posted for the public at designated locations. Advertisements and recruitment
information for position vacancies identify the City as an “equal opportunity
employer.” The City will endeavor to recruit and retain a diverse and qualified
workforce.
B. When a position is to be filled, the department will submit a Personnel Requisition
form, and a current job description to the Human Resources Department. The
department with the assistance of Human Resources will determine whether the
position is to be advertised by one of the following methods:
1. Open
The City advertises the position to the public. Advertising may include local,
state, regional or national media, or any combination thereof.
2. Internal
The City advertises the position only within the City organization. City
employees in all employment categories, including temporary agency
employees working for the City may apply. Fees may be applicable for
temporary agency employees who have not worked the required time to be hired
by the City. Volunteers and interns with significant time logged with the City may
also apply. If department heads choose to do so, they may limit advertising to
employees from specific departments or divisions. Such internal advertising to
employees from specific departments or divisions is allowed only if eligible
candidates were originally hired through an open recruitment process. However,
an eligible candidate from another department or division will be allowed to apply
for a position advertised as limited to a different specific department or division
if the candidate has been notified that he/she is being terminated or reduced in
FTE pursuant to a reduction in force.
C. The hiring department may choose not to advertise by either the open or internal
method for a newly created classified or unclassified management position if all of
the following criteria are met:
1. The newly created position is the result of a conversion of a contractual or hourly position
within the same department and the classified or unclassified management position has
the same or similar job duties and qualification requirements as the contractual or hourly
position to be converted;
2. The contractual or hourly employee whom the hiring department desires to place in the
newly created classified or unclassified management position has been in the position
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to be converted for not less than three consecutive years immediately preceding the
hiring decision; and
3. The contractual or hourly employee whom the hiring department desires to place in the
newly created classified or unclassified management position has been performing at or
above the department’s expectations.
D. The hiring department may choose not to advertise by either the open or internal
method for a newly created or vacant classified or unclassified management
position if the hiring department decides to fill the position with a current classified
or unclassified management City employee pursuant to a reorganizational transfer.
E. The City Manager may, at his or her discretion, choose not to advertise by either
the open or internal method for the appointment of unclassified management
positions that report directly to the City Manager.
F. In order for an applicant to be considered, their application materials must be
received by the closing date.
G. Prior to any job interview, all job applicants must complete an online application and
attest to the accuracy of the information submitted. Although resumes and other
supplemental information may be considered when submitted, the City application
form must be completed in full.
H. All information submitted by an applicant or employee is subject to verification of
content and accuracy. Any false statement, misrepresentation, omission of
information or misleading information in any document may result in the rejection
of an applicant, disciplinary action against the employee, or the immediate
dismissal of the employee.
I. Applicants may track the status of any openings through the applicant profile on the
City’s internet career site by going to http://fcgov.com/jobs. Unsuccessful applicants
receive individual notice of their status, and can check this web site to learn when
the job has been filled or may contact the Human Resources Department if they do
not have internet access.
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3.2 Testing and Selection Criteria
3.2.1 Procedures
A. Pre-employment and employment evaluations and tests used by the City are job-
related and administered equitably to all applicants and employees in the same job
category. The Human Resources Department in consultation with the hiring
department determines whether or not tests or other evaluations are required for
any given position or category of positions.
B. A variety of testing and selection procedures may be used before or after making a
conditional job offer. Examples include but are not limited to: written examinations,
skill tests, physical agility tests, polygraph tests, screening for illegal drugs,
background investigations, and other tests or selection procedures. If there are a
large number of applications for a given position, the City may limit testing to those
applicants who meet or exceed a level of minimum or preferred qualifications or
other job-related criteria based on their applications or resumes.
3.2.2 Post-Offer Tests
Certain tests may only be required after a candidate has been offered a position conditioned
upon passing the test, such as a medical examination, physical evaluation or drug test.
3.2.3 Accommodations for Candidates with Disabilities
Upon request, the City will modify tests and testing and selection procedures to reasonably
accommodate applicants and employees with disabilities. Examples of such steps include
but are not limited to: providing sign language interpreters during interviews for candidates
with hearing impairments, or providing braille versions or persons to read aloud written tests
for candidates with visual disabilities.
3.2.4 Background Checks for Positions of Trust
Certain employment positions within the City have been designated by Service Area and
Service Unit Directors, or their designees, as “positions of trust.” Such positions include, but
are not limited to, jobs where the employee regularly interacts with youths or potentially
vulnerable persons, enters private homes or property, has unsupervised access to City
property of significant value, handles cash, or is responsible for accounting duties. Prior to
making a hiring decision and after a conditional offer is made, the City will conduct a
background investigation of applicants for such positions of trust. Additionally, a background
investigation for such positions may be done at other times throughout the employee’s
employment as the City deems necessary. The investigation may include, but is not limited
to: checking arrest and/ or criminal conviction records, driving records, credit history,
previous employment, volunteer work, and references. The City may, in its discretion, make
selection and retention decisions based upon the information obtained in connection with a
background investigation. Managers in each department shall be responsible for tracking
positions of trust and ensuring that the background investigations are conducted as set forth
in this policy. Employees involved in administering this policy are encouraged to consult with
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the Human Resources Department when exercising the discretion permitted under this
policy.
3.2.5 Confidentiality of Testing Documents
Requests for inspection or copying of test questions, scoring keys and other examination
data pertinent to administration of any examination for employment may be subject to the
requirements of the Colorado Public Records Act. Any such requests, whether by an
applicant or other person, should be directed to the City Attorney’s Office.
3.2.6 Medical Examinations Required by Department of Transportation Regulations
When an employee or applicant is required to undergo a medical examination pursuant to
Department of Transportation regulations, the employee or applicant shall be required to
obtain the examination from a licensed medical provider designated by the City, at the City’s
expense.
3.2.7 Background Checks for Volunteer Positions of Trust
Supervisors and managers of City volunteers must ensure that the conduct and performance
expectations as well as all requirements and criteria contained in City Volunteer Policies and
Procedures are applied to City volunteers.
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3.3 Employment of Relatives
3.3.1 Limitation of Employment of Relatives
A. The City prohibits the hiring, promotion, demotion or transfer of family members
where a relative would:
1. Directly exercise supervisory, appointment, salary determination, dismissal or
disciplinary authority over another family member;
2. Audit, verify, receive or be entrusted with moneys received or handled by another family
member.
B. Any exceptions to the prohibition of employment of relatives must have the prior
approval of the City Manager. The City Manager may grant such exceptions upon
his or her finding that the potential adverse effects of the conflict can be avoided
through the implementation of reasonable safeguards and it is in the best interests
of the City to allow the employment of the relative.
3.3.2 Who is a “Relative” or “Family Member”
For purposes of this policy, the terms “relative” and “family member” mean spouse, civil union
partner, parent, child, sibling, sibling’s children, aunt/uncle, cousin, grandparent and
grandchild, including in-law, step and foster relationships. The terms also include any person
claimed by the employee as a dependent for income tax purposes or any person residing in
and sharing with the employee the expenses of the household.
3.3.3 Other Close Personal Interest
A. Consistent with the City Charter (Article IV, Section 9), the City requires employees
who have a personal interest or financial interest in any decision of the City,
including employment decisions, to disclose such interest officially as required by
the Charter and to refrain from participating in or attempting to influence such a
decision. The Charter defines personal interest as any interest by reason of which
an officer or employee, or a relative of such officer or employee, would in the
judgement of a reasonably prudent person, realize or experience some direct and
substantial benefit or determent different in kind from that experienced by the
general public. The Charter defines financial interest as any interest equated with
money or its equivalent.
B. Employees with questions about this policy should contact the Human Resources
Department or City Attorney’s Office.
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3.4 Residency Requirements
A. Consistent with the residency requirement in the City Charter (Article IV, Section
3), during their term of employment, the City Manager must live within the City limits,
while Service Area Directors, deputy City managers, assistant City managers, and
the City Clerk must reside within the Fort Collins Urban Growth Area. It also requires
that service unit directors and department heads who report directly to a Service
Area Director must reside either within the Urban Growth Area or within five (5)
miles of the City limits as measured by a straight line connecting the parcel of
property upon which the residence is situated to the nearest boundary line of the
City. Department heads who do not directly report to a Service Area Director,
division heads, and other City employees are not subject to a residency
requirement, unless it is made a requirement of a specific job.
B. For the purposes of this policy, the term reside shall mean that a person maintains
his or her principal or primary home or place of abode within the prescribed area.
Principal or primary home or place of abode is that home or place in which the
person’s habitation is fixed and to which that person, whenever absent, has the
present intention of returning after a departure or absence. A person will be
presumed to be a resident of a particular location if the person is lawfully registered
to vote in that location.
C. Because the Charter provides no exceptions to the residency requirement, persons
who are subject to this requirement will be required to reside within the prescribed
area upon appointment and throughout their tenure in those positions.
D. Questions regarding which employees are covered under this policy should be
directed to the Human Resources department or the City Attorney’s office.
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3.5 Eligibility Lists
A. When filling vacant positions, except for vacancies resulting from demotion,
reassignment, transfer or reductions in force, the Human Resources Department
may submit an eligibility list to the department or supervisor making the hiring
decision. An eligibility list consists of one or more names of applicants for a position
who, based upon the results of examinations or other screening processes, appear
to have at least certain minimum qualifications for the position.
B. Eligibility lists are intended to be a convenience for supervisors making hiring
decisions, and should not be relied upon by applicants for any purpose. Eligibility
lists are not a guarantee that any particular applicant will be hired, that applicants
will be selected only from the list, that applicants will be selected in any particular
order, or that the vacant position will be filled. Moreover, the appearance of a name
on an eligibility list is not a certification that the applicant is qualified for or able to
perform the position.
3.5.1 Examinations and Screening Process
Applicants will be selected for the eligibility list based upon their qualifications as determined
by examinations and/or other screening processes, or combination of such processes, as
determined in the discretion of the City. Examinations may include but are not limited to oral
tests, written tests, physical tests, psychological tests, performance tests, polygraph tests,
and controlled substance and/or alcohol tests. Other types of screening processes include
evaluation of past performance, education, training, and/or experience.
3.5.2 Hiring from an Eligibility List
If there is a current eligibility list for a position, the supervisor making the hiring decision may
select any applicant from the list for that position. In making the selection, the supervisor may
interview and check the references of one or more applicants from the list. If the supervisor
does not select an applicant from the eligibility list, the Chief Human Resources Officer may
terminate the list and re-open the selection process for the position.
3.5.3 Removal of Names from List
Any applicant’s name may be removed from an eligibility list under the following
circumstances:
1. At his or her request;
2. If the applicant cannot be contacted at his or her last known telephone number, or does
not respond to communication mailed to his or her last known address, within 5 days;
3. If the applicant is screened out by any further examination or other screening process;
4. If the applicant does not accept an offer for the position; or
5. If the applicant is hired for the position.
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3.5.4 Termination and Expiration of Eligibility Lists
An eligibility list will be current for at least four months, and will automatically expire after 24
months, unless terminated earlier. The Chief Human Resources Officer may, in his or her
discretion, terminate an eligibility list at any time.
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3.6 Promotions, Transfers, Demotions, Reinstatement, and Reduction
in Hours
3.6.1 Promotions
A. A promotion is a change to a position in a higher pay grade within the City. A
promotion can only occur if the employee applies and is selected for a vacant
position in a higher pay grade. Employees may apply for promotional positions by
submitting the appropriate application form to the Human Resources Department
by the deadline established in the job announcement. If an employee accepts a
promotion to another department or division, the employee should give two weeks
written notice of the promotion to his or her current supervisor.
B. The department with the vacant position (“hiring department”) may, in its sole
discretion, give promotional applicants preference over reinstatement applicants
and outside applicants. In addition, the hiring department may, in its sole discretion,
select a promotional applicant without advertising the vacant position externally.
The City Manager may, at his or her sole discretion, choose not to advertise by
either the open or internal method for the appointment of unclassified management
positions that report directly to the City Manager. Hiring departments are not
obligated to give preference to or hire applicants for promotion.
C. Employees receiving a promotion are eligible for an increase consistent with
Compensation Policies.
3.6.2 Temporary Pay Differentials
A. A pay differential allows an eligible employee to receive a temporary pay increase
commensurate with Compensation Policies for an interim appointment or assuming
a higher level of accountability as described in Compensation Policies.
1. An interim appointment designates an employee to a management level position for a
temporary period of time and grants the interim appointee the authority and responsibility
normally associated with that position. The interim appointee serving in an acting or
interim capacity for longer than 60 consecutive calendar days will be given a pay
differential consistent with Compensation Policies. The term of the appointment may
vary according to the needs of the City, but typically will not exceed 12 months.
This does not mean that an interim role must be automatically assigned whenever a
supervisory employee is absent. When the department head appoints an employee on
a temporary basis, the department head will make the appointment consistent with
Compensation Policies. Any such reassignments to higher positions may be terminated
at any time, with or without cause and at the discretion of the department head.
2. A supplemental pay differential may also be awarded to employees for assuming a
higher level of accountability as described in Compensation Policies.
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3.6.3 Transfers
A. A transfer is:
1. A voluntary or involuntary lateral move to a different position in the same classification
or pay grade; or
2. A voluntary move to a position in a lower pay grade; or
3. An involuntary move to a position in a lower pay grade deemed necessary to implement
an organizational change or restructure.
B. Voluntary Transfers
1. Employees may apply for a transfer by submitting a written request the Human
Resources Department either:
a. Prior to the time a vacant position is advertised; or
b. After the time a vacant position is advertised, but before the application deadline
specified in the job announcement.
2. The hiring department shall select for the vacant position that person who is best able to
perform the essential functions of the job, with or without reasonable accommodation,
unless the Human Resources Department, upon consultation with the City Attorney’s
Office, determines that the City is obligated to offer the transfer to another person,
pursuant to the provisions of the Americans With Disabilities Act or other applicable law.
The hiring department is not required to seek outside applications if the hiring
department and the Human Resources Department determine that an adequate pool of
candidates exists within the City’s current work force or if the Human Resources
Department has determined that the City is legally obligated to offer the transfer to a
particular person.
3. A description of any changes in pay resulting from a transfer can be found in
Compensation Policies.
C. Involuntary Transfers
1. The City may transfer employees at any time with or without cause or notice or the
consent of the employee. Such a transfer may be made when deemed necessary by the
City to implement organizational changes or restructure. An involuntary lateral transfer
to a different position in the same classification or pay grade may also be made based
on unsatisfactory job performance, corrective or disciplinary action. When an employee
is involuntarily transferred, the position does not need to be posted or advertised.
2. In those situations where an employee is involuntarily transferred to a position in a lower
pay grade in order to implement an organizational change or restructure, the employee’s
wages will be maintained at the pre-transfer rate for a period of six calendar months from
the effective date of the transfer. Thereafter, the employee’s compensation will be
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reduced to a point within the salary range of the new position based on the skill or
performance level of the employee in the new position. This pay step-down provision
shall not be applicable to voluntary transfers granted at the request of the employee,
demotions, or terminations in case of operational need. For additional information, see
Personnel Policy 10.1.3, Termination in Case of Operational Need.
3.6.4 Demotions
A. A demotion is an involuntary change to a position with a lower pay grade in the City
based on unsatisfactory job performance, corrective or disciplinary action. A
description of any changes in pay resulting from a demotion can be found in
Compensation Policies.
B. The City may demote employees at any time with or without the employee’s
consent based on unsatisfactory job performance, corrective action, or disciplinary
measures. When an employee is demoted, the position does not need to be posted
or advertised.
3.6.5 Reinstatement
A. Reinstatement is the re-employment of a former City employee within one year of
the date of his or her voluntary resignation or termination in case of operational
need from a classified position or unclassified management position. Former
employees are eligible to apply for reinstatement only to the position held at the
time of resignation or termination for operational need, and must meet the minimum
requirements and qualifications of the position.
1. The hiring department may, in its sole discretion, give reinstatement applicants
preference over outside applicants. Employees may apply for reinstatement by
submitting the appropriate application form to the Human Resources Department either:
a. Prior to the time a vacant position is advertised; or
b. After the time a vacant position is advertised, but before the application deadline
specified in the job announcement. The hiring department may, in its sole
discretion, select a reinstatement applicant without advertising the vacant position.
2. Hiring departments are not obligated to give preference to or hire reinstatement
applicants and may require a fitness for duty physical examination as part of the
employment process.
B. Employees who are reinstated are placed at a pay rate in the appropriate salary
range for the job consistent with Compensation Policies. Reinstated employees are
considered new employees for the purposes of serving an introductory period and
for benefits. Prior years of service are not credited for purposes of calculating
longevity, vacation or other fringe benefits, including pension or retirement pay
benefits, unless otherwise specified by written agreement, state or federal law, or
pension plan requirements.
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3.6.6 Reduction in Hours or FTE
Situations may occur when the City determines, in its sole discretion, that it is necessary to
involuntarily reduce the number of hours one or more employees work on a temporary basis
(furlough) or reduce the FTE of a position on an ongoing basis because of lack of work,
budgetary concerns, operational need, or reorganization. In furlough situations, employees
will not work and will not be paid or allowed to use paid leave for the hours that are eliminated
from the work schedule. Employees who are exempt for purposes of the Fair Labor
Standards Act will be considered non-exempt during the workweek in which a furlough
occurs. In the case of an ongoing reduction in FTE, exempt employees will prospectively
have their salary reduced by an amount proportional to the reduction in FTE.
3.6.7 Temporary Reassignment of Duties
Circumstances may occasionally arise, such as but not limited to an emergency situation, in
which it may be expedient or necessary to temporarily reassign the duties of an employee to
meet the needs of the City organization. In those circumstances, the City Manager, or his or
her designee, may temporarily assign an employee to duties that the employee would not
ordinarily be expected to perform. During the temporary assignment, the employee will
maintain his/her regular rate of pay. The reassignment of duties will not be considered to be
a transfer if the City’s intent is to return the employee to his/her regular duties within 30
calendar days of the reassignment.
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4 General Information
4.1 Personnel Files, Employee Information and Reference Requests
4.1.1 Formal Files in Human Resources Department
The Human Resources Department maintains personnel files for all employees. Documents
that contain medical, drug testing or credit information about an employee or family member
are maintained in a separate file.
4.1.2 Informal Departmental Files
A. In addition to files located at the Human Resources Department, department or
division heads or supervisors may maintain informal files. However, copies of all
documents relating to pay, performance, oral and written warnings, other
disciplinary or corrective action, references, and background checks must be sent
to the Human Resources Department. After an employee leaves employment, the
entire contents of departmental files must be sent to the Human Resources
Department.
B. Documents that contain any medical information about an employee or family
member should generally be forwarded to the Human Resources Department for
inclusion in the medical files. However, where departments need to maintain
medical information, such as doctor’s reports describing work limitations,
departments must keep those documents in separate files that are locked and
restricted to access only by the supervisor as needed.
4.1.3 No Removal of Documents or Information
A. Once a document or information is placed in the employee’s personnel file, whether
the formal file or in the informal departmental file, it may not be removed except as
required by law. However, the Chief Human Resources Officer may, in his or her
discretion, place or remove documents from personnel files.
B. If an employee believes that information in his or her file is not accurate, the
employee may submit a memorandum expressing the employee’s opinion and
providing additional information. Supervisors may also add information to correct or
update previous entries.
4.1.4 Employee Inspection of Own Personnel File
Employees wishing to review their own personnel files may do so by making an appointment
with the Human Resources Department. Each employee and his or her supervisors may
review all documents and information in the employee’s personnel file. Employees and their
supervisors may also receive copies of all or any contents of their personnel files. In addition,
employees may provide written authorization for another named person or persons to inspect
and receive copies of the available portions of their personnel files.
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4.1.5 Release of Personnel File Information
A. By law, certain information about employees is confidential and cannot be made
available to the public, whether or not it is contained in a formal personnel file.
Examples of confidential information as currently defined by law include home
address and telephone number, time sheets, and financial, medical, psychological,
testing and other information maintained because of the employer-employee
relationship. However, the following information is available for public inspection:
employment applications, employment agreements, amounts paid or benefits
provided in connection with termination of employment, performance ratings or any
compensation paid to an employee.
B. Any questions about whether certain information or a particular document in the
personnel file is confidential should be directed to the Chief Human Resources
Officer.
4.1.6 References and Requests for Information about Employees
A. Upon receiving a signed release form from a former or current employee,
supervisors may, at their discretion, provide oral references or letters of reference
regarding employees. Supervisors are strongly encouraged to contact the Human
Resources Department to discuss the content of the reference and drafts of such
letters. Copies of any written information must be sent to the last known address of
the subject employee or former employee.
B. Any employee who is asked about where another employee works for purposes of
personal delivery of legal documents, such as subpoenas, court orders or lawsuits,
should please forward those requests to the employment law attorney in the City
Attorney’s Office.
4.1.7 Media Requests
Requests from newspapers, television stations, and other press for information about
personnel policies and practices, compensation and benefits, or specific employees should
be forwarded to the Chief Human Resources Officer.
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4.2 Educational Assistance and Reimbursement
A. Supervisors have the discretion to permit or require an employee to attend City-
sponsored training programs as well as other outside conferences, workshops,
special training courses and seminars.
B. In order to encourage professional development and improvement of job skills, the
City may, based on department needs and budgetary constraints, reimburse
employees (except contractual employees) for tuition costs incurred in connection
with course work at a college, university or trade school under the terms of this
policy. The course must be directly related to the employee’s current position or
ability to advance within a career path with the City. The employee’s department
head has the discretion to pre-pay tuition and to pay costs other than tuition, such
as books, copying costs or travel expenses.
4.2.1 Pre-Approval Required
Eligible employees wishing to obtain reimbursement for course tuition must obtain the
approval of the department head before beginning the course.
4.2.2 Eligibility for Reimbursement
A. Before an employee is eligible to receive reimbursement of the tuition cost, the
employee must provide a certified transcript or other documentation as required by
the department head that the employee satisfactorily completed the course. Such
documentation must be provided within three months after the course concludes.
Satisfactory completion means that the employee must have received a grade of
“C” or better in a graded course, or a “Pass” or better in a pass/fail system.
Employees who receive any grade below a “C” or who do not complete the course
are not eligible for tuition reimbursement.
B. If an employee leaves the employ of the City within three months after completing
a course for which tuition was reimbursed, or if the employee fails satisfactorily to
complete a course for which costs or tuition were advanced, then the employee
must return all such reimbursed funds to the City and authorizes the City to deduct
all reimbursed funds from the employee’s pay.
4.2.3 How to Record Course Time
A. The time spent attending an outside course is considered working time, and should
be recorded as “conference/training” time on the time sheet, only if one of the
following applies:
1. The employee was required by the City to take the course;
2. The employee is authorized to attend the course during his or her regularly scheduled
working hours;
3. The employee conducts City business during the course; or
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4. The course is directly related to the employee’s current job, which means the course
must directly aid the employee in handling his or her present job duties better, rather
than teach another job or new or additional job skills;
5. The course must be given by the City.
B. If an employee on his or her own initiative attends an independent school, college
or independent trade school after hours, the time spent in attendance shall not
constitute hours worked, even if the courses are related to the employee’s job.
C. If none of those conditions apply, the time spent attending the course is considered
nonworking time.
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4.3 Benefits
The City may offer certain current and retired employees the opportunity to participate in
City-sponsored benefit programs, such as health insurance, dental insurance, vision
insurance, disability insurance, life insurance, and retirement benefits. The eligibility to
participate in each program is determined by the benefit program plan, if such a plan exists,
or by the terms of the agreement between the City and the benefit provider. Retirement Plan
participation is mandatory for active eligible employees.
A. The City reserves the right, at any time and from time to time, to:
1. Amend or modify, in whole or in part, any or all of the provisions of a benefit program,
including provisions concerning who is eligible for coverage and the coverage provided;
2. Discontinue, terminate, or add a benefit program at any time; and
3. Change the amount or nature of the required contribution to be made by the participant
or beneficiary of a benefit program.
B. After the first 30 continuous calendar days of unpaid leave, an otherwise eligible
employee will no longer accrue or use vacation time, sick leave, short term
disability, and injury leave time, and will no longer be eligible to participate in any
City-sponsored disability insurance, accidental death and dismemberment
insurance and life insurance, except in accordance with conversion rights, if any,
under the terms of such plans. In addition, after the first 30 continuous calendar
days of unpaid leave, the employee’s coverage, if any, under the City-sponsored
health insurance, vision services and dental insurance will terminate unless the
employee elects to continue such coverage and pays 102% of all premiums for the
elected coverage in a timely manner in accordance with the requirements of the
City and the plans. The employee will be provided with a separate notice of the right
to continue coverage with more specific information about premium amounts and
required payments. The terms of any retirement plan or deferred compensation
plan in which the employee participates will control how any unpaid portion of the
leave is credited as service under the plan. For the purposes of this subsection, if
the employee works 10 hours or less during a 30 day period, that period shall be
considered a continuous leave of absence.
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4.4 Travel, Conference, and Training
4.4.1 General Provisions
A. Supervisors have the discretion to permit an employee to attend City-sponsored
training programs as well as other outside conferences, workshops, special training
courses and seminars. Supervisors have the discretion to require employees to
attend training programs. Pre-approval is required for all Conference, Travel and
Training.
B. As stewards of public resources employees must use good financial judgement and
discretion while traveling. Employees are allowed to accumulate travel rewards to
personal accounts provided they are selecting low cost options for airfares, hotel
and rental cars.
4.4.2 Travel Expenses
The following expenses are not allowed and will not be reimbursed:
1. Meals or other expenses for sales people, spouses, civil union partners, family members
or other persons not affiliated with the City;
2. Liquor, movies, or entertainment (including in-room movies);
3. Sporting events;
4. Laundry, dry-cleaning or shoe repair;
5. Personal phone calls, including connection and long-distance fees;
6. Computer connections (unless required for City business); or
7. Other personal expenses not directly related to City business.
8. Expenses associated with obtaining or renewing personal identification documents such
as Passports.
4.4.3 Meal Reimbursement for Overnight Stays
A. An employee attending an authorized conference, training, or other City business
that requires an overnight stay may choose one of the following methods of meal
reimbursement providing the method chosen is used for the entire trip/event by the
employee:
1. Actual reasonable cost of meals, subject to the following:
a. An itemized receipt for each meal is required.
b. Tips are reimbursable provided they are reasonable as determined by the Finance
Department and itemized on receipts.
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2. For the first day of travel, the employee will not be reimbursed for breakfast regardless
of the time of day the employee leaves. For the last day of travel, the employee will not
be reimbursed for dinner. Per diem rate (combines breakfast, lunch, and dinner) as
established by the Finance Department, subject to the following:
a. Itemized receipts for meals are not required.
b. Tips are included in the per diem and are not separately reimbursable.
c. A per meal reduction to the per diem reimbursement (established by the Finance
Department) will be made for meals furnished to the employee as part of the cost
of a conference/training or otherwise provided at no cost to the employee.
3. For the first and last days of travel, the employee may be reimbursed for only 75% of the
per diem regardless of the time the employee leaves to or returns from the trip.
4. When traveling to out-of-town areas that are unusually expensive, an employee may be
eligible for an increased per diem reimbursement as published by the U.S. General
Services Administration (www.gsa.gov), if approved by the employee’s supervisor and
the Finance Department.
4.4.4 Meal Reimbursement for Non-Overnight Stays
A. An employee attending an authorized conference, training, or other City business
that does not require an overnight stay may be reimbursed only for the actual,
reasonable cost of meals, subject to the following:
1. An itemized receipt for each meal is required.
2. Tips are reimbursable provided they are reasonable as determined by the Finance
Department and itemized on the receipts.
B. Service Area Directors may approve light refreshments at City sponsored
conferences or training events at City facilities for employees and non-employees.
In addition, on a limited basis, Service Area Directors may approve expenses for
meals associated with staff retreats/strategic planning meetings.
4.4.5 Meal Reimbursement for Unusual Work Situations
A. Employees are occasionally required to work overtime, over the lunch hour, or be
called out in emergency situations. For instances in which occasional, infrequent
meals are provided to employees performing such work, this expense may be
charged to the department budget if the situation meets all of the following criteria:
1. The employee’s supervisor authorizes the reimbursement;
2. The provision of the meal enables the employee to work overtime, during extended
hours, or beyond normal work hours;
3. Reimbursement is for actual reasonable meal expenses, including reasonable tips;
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4. The amount of reimbursement, including tips, does not exceed the per meal rate
established by the Finance Department; and
5. The employee submits an actual receipt for the meal with the tip itemized on the receipt.
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4.5 Privacy and Security of Protected Health Information
A. Purpose
As a plan sponsor of employee group health plans (Plans), the City is committed to
maintaining the confidentiality and security of protected health information (PHI)
pursuant to the privacy provisions of the Health Insurance Portability and
Accountability Act (HIPAA). Each Plan document details the circumstances under
which the Plans are authorized to share PHI with the City. The City will not use or
disclose PHI other than as permitted or required by the Plan documents or as
authorized by law.
B. Definition of Protected Health Information (PHI)
PHI is defined as individually identifiable health information, whether it is in
electronic, paper or oral form, that is created or received by or on behalf of any of
the Plans which relates to the past, present, or future physical mental health or
condition of an individual. PHI does not include health information received by the
City for employment purposes from sources other than the Plans, such as health
information received from or authorized by an employee for purposes of
administering the City’s sick leave, short term disability, family and medical leave, drug
and alcohol testing, and workers’ compensation policies, or to determine fitness for
duty.
C. Privacy and Security Officer
The City has designated the City’s Benefits Administrator (located in the Human
Resources Department) as the Privacy and Security Officer for purposes of ensuring
compliance with the confidentiality and security requirements for PHI. Employees
may contact the Privacy and Security Officer for any of the following purposes:
1. To make a written complaint regarding a violation of privacy rights regarding PHI;
2. To make a written request to limit how the City or the Plans use or disclose the
employee’s PHI;
3. To make a written request that the Plans or the City send Plan information to the
employee at a specific address or in a specific manner;
4. To make a written request to look at and copy the employee’s PHI that is in the
possession of the Plans or the City;
5. To make a written request that the employee’s PHI be amended;
6. To make a written request for a list of disclosures of PHI that the Plans or the City have
made;
7. To request a paper copy of the Notice of Privacy issued by the Plans; or
8. To ask questions or provide comments concerning the privacy practices of the Plans.
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D. Safeguarding PHI
The City will safeguard the privacy of PHI, whether it is kept in paper or electronic
format. Such safeguarding will include the use of locked file cabinets and secured
networks, with only designated City staff having access. The following City
employees have been designated as having access to and use of PHI for the
purposes of payment under health care operations or other matters pertaining to the
Plans:
1. The Chief Human Resources Officer;
2. The Wellness and Benefit work groups within the Human Resources Department; and
3. The employees who perform functions related to the City-sponsored employee group
health plans, including but not limited to legal and systems personnel.
E. Improper Use, Disclosure, or Violation of Security
Any employee who obtains access to, uses, discloses, or violates security rules for
PHI in a manner that is contrary to the requirements of this policy, the Plans, or HIPAA
shall be subject to discipline, up to and including termination of employment.
F. Retaliation Prohibited
No employee shall retaliate against any person who complains about or reports a
privacy violation.
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5 Wages and Hours
5.1 Working Hours
The City’s standard workweek for payroll purposes begins at 12:00 a.m. Monday and ends
at 11:59 p.m. the following Sunday. Work schedules for employees are established within
this framework. Various factors, such as workloads, service hours, operational efficiency
and staffing needs may require variations in an employee’s starting and quitting times and
total hours worked each day or each week. Each supervisor will establish employees’
working schedules. Employees may be required to work overtime or hours other than those
normally scheduled whenever necessary.
5.1.1 Flexible Schedules
The City generally allows the use of flexible schedules where such schedules reasonably
coincide with the needs of the department and the public. However, managers have the
discretion to grant or deny a subordinate employee’s requests to work an alternative
schedule. If such a request is granted, the flexible/alternative work schedule arrangement
can be terminated and a new schedule required at any time.
5.1.2 Call-Out and Call-Back Time
A. Non-exempt employees who are called out to a job site or asked to return to work
from home or another non-work location must record a minimum of two (2) hours
of work time on their time sheets, even if they do not work two hours. If the work
extends beyond the two hour minimum, then non-exempt employees must record
all time actually worked. Additional call outs received while an employee is at a
work site or traveling to or from a work site are considered a continuation of the
initial call-out. Only after an employee has returned home or to some other non-
work location will a subsequent call-out qualify for the automatic two hour minimum
as long as it is not within the original call-back period.
B. This policy on call-out and call-back time does not apply to police officers who are
not called by Police Services but engage in enforcement activities during off-duty
hours. This policy covers all non-exempt employees except public safety personnel.
The rules governing payment for call-out and call-back for police personnel are
available from the department.
5.1.3 Travel Time
Commuting to and from work each day is not considered time worked, even if the commute
is the result of a call-out or call-back to the regular work site.
A. One-Day, Out of Town
When a non-exempt employee travels out of town on City business for a one-day
assignment, all the time spent traveling must be recorded as time worked, except
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meal times and any time spent in driving or as a passenger from home to the usual
place of employment, a point of public conveyance, or a vehicle pooling point.
B. Overnight, Out of Town
When a non-exempt employee travels out of town on City business for an overnight
trip assignment, all the time spent traveling, whether as a driver or passenger, during
normal work hours (including Saturday and Sunday, even if Saturday and Sunday
are not usual work days) must be recorded as time worked, except meal times. All
time spent traveling on City business as a driver outside of normal work hours must
be recorded as time worked, except meal times and any time spent in driving or as
a passenger from home to the usual place of employment, a point of public
conveyance, or a vehicle pooling point. All other time spent traveling shall not be
counted as time worked unless the employee is required to perform City related work
while traveling. Once the employee reaches his or her destination (such as a hotel),
the time is no longer considered working time unless the employee is actually
working on City business.
C. Non-City Business
If an employee on his or her own initiative attends an independent school, college
or independent trade school on his or her own time, the travel time is not hours
worked, even if the course is related to his or her job and even if the City pays the
course tuition. Such attendance shall be considered to be non-City business.
5.1.4 Temporary Closure for Severe Weather or Disaster
A. All employees should anticipate the periodic severe weather characteristics of this
area and have contingency plans which will enable them to arrive at work in a safe
and timely manner. An employee who is unable to report to work due to severe
weather or natural disaster must notify his or her supervisor as early as possible
before work in accordance with any individual departmental work rule, but in no
event later than 15 minutes after the beginning of the work schedule.
B. If the City closes any facilities or operations due to severe weather, community
emergency or disaster, official notification will be announced. Unless the
announcement specifically states that employees should not attempt to report to
work, all regularly scheduled employees who are able to do so should report.
Certain positions are critical and supervisors or job descriptions may require that
an employee report to work during the severe weather, community emergency or
disaster.
C. Only if the City Manager or authorized designee closes the facility or operation in
which the employee works and notifies the employee not to report to work, will the
employee be paid his or her regular compensation for regularly scheduled hours
during the closure. Otherwise, an employee’s absence due to severe weather or
disaster must be recorded by the employee as leave without pay or holiday,
compensatory time or vacation time, if accrued and approved by the employee’s
supervisor.
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D. All employees who respond as emergency personnel during their regularly
scheduled shifts during a period of closure will be paid according to standard City
practices and at their regular rate of compensation, unless the time worked by non-
exempt employees would otherwise qualify for overtime payment.
5.1.5 Involuntary Relief from Duty during an Outbreak of Communicable Disease
A. A supervisor shall have the discretion to involuntarily relieve a subordinate
employee from duty and direct him or her to leave the work site if:
1. The supervisor reasonably believes that the employee may be contagious due to an
illness despite the employee’s apparent current ability to perform the functions of his or
her job; and
2. A fitness for duty examination from a medical provider is not reasonably available
because of the provider’s unwillingness or inability to provide an exam or a public health
authority has recommended that persons not seek diagnosis or care at a health care
facility because of lack of capacity or risk of contagion; and
3. The length of relief from duty imposed by the supervisor does not exceed the time
recommended by a health care provider who has examined the employee regarding the
contagious condition, whichever is less.
B. In the event of imposition of involuntary relief from duty based on this policy, an
employee with available sick/personal leave will be placed on sick/personal leave.
An employee who does not have available sick/personal leave may, at his or her
discretion, use any other applicable paid leave pursuant to the provisions of the
leave policy and in the absence of such leave will not be paid.
C. Because of the exigency of the situation, classified employees who have completed
their introductory period shall not be eligible for a pre-decision hearing, and shall
have the opportunity to grieve the involuntary relief from duty decision pursuant to
the provisions of Section 9.3.5 of these policies. All other employees may use the
issue resolution process set forth at Section 9.4 of these policies.
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5.2 Overtime Pay and Compensatory Time Off
A. Overtime compensation may be in the form of wages or time off, known as
“compensatory time.” Only non-exempt employees (as defined in the Personnel
Policy 2.1, Categories of Employment) are eligible to earn overtime pay or earn or
use compensatory time off. Exempt employees are ineligible to earn overtime pay
or compensatory time off, but may informally flex their time in accordance with this
policy, and as approved by management.
B. Because of the law enforcement and public safety role of Police Services, the Chief
of Police may adopt departmental overtime pay and compensatory time off policies
which vary from the provisions of this policy.
5.2.1 How Overtime Pay or Compensatory Time is Earned
A. Non-exempt employees are normally scheduled to work 40 or fewer hours in a
workweek. Non-exempt employees are eligible to receive overtime compensation
at one-and-one-half their regular hourly rates if:
1. The employee works in excess of 40 hours in a workweek; or
2. The employee works and uses holiday, vacation, or bereavement leave for a combined
total in excess of 40 hours in a workweek. An employee will not be eligible for overtime
compensation if the employee has worked no hours during the workweek. For the
purposes of determining eligibility for overtime compensation, an employee may not use
more than 40 hours of the specified paid leave in any workweek nor use more than 8 or
10 hours of the specified paid leave in any workday, depending upon the length of the
employee’s regularly scheduled workday.
B. The following examples illustrate how overtime pay is calculated.
1. The employee actually works 45 hours in a workweek. The employee would be entitled
to 5 hours of overtime pay.
2. Monday is a scheduled work day, however the employee does not work as it is a holiday
for which the employee receives 8 hours of holiday pay. On Tuesday through Friday of
the workweek, the employee works 10 hours each day. Because the employee used 8
hours of holiday time and worked 40 hours within the same workweek, the employee is
entitled to 8 hours of overtime pay. Altering this example slightly, if the employee was
not scheduled to work on Monday (the holiday), the employee would not be entitled to
holiday pay for Monday, and no overtime would be paid.
3. On Monday of a workweek, the employee worked 10 hours. On Tuesday through Friday
of the workweek, the employee uses 8 hours of accrued compensatory time each day.
The employee is not entitled to any overtime pay because the use of compensatory time
is not combined with hours worked to determine the employee’s eligibility for overtime
pay.
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4. On Monday of a workweek, the employee uses 8 hours of sick leave. On Tuesday of the
workweek, the employee works 9 hours. On Wednesday and Thursday, the employee
works 8 hours each day. On Friday, the employee uses 8 hours of sick leave. The
employee is not entitled to any overtime pay because the use of sick leave is not
combined with hours worked to determine the employee’s eligibility for overtime pay.
5. The employee works 10 hours each day from Monday through Thursday of a workweek.
The employee is then required to work 10 hours on Friday of the workweek, a City
holiday. Instead of saving the holiday time for use on a future date within the calendar
year, the employee chooses to get paid for the holiday time even though the employee
worked it. When the time actually worked (50 hours) is combined with the paid holiday
time (8 hours), the employee is entitled to 18 hours of overtime pay.
C. In lieu of overtime pay, non-exempt employees may request to accrue
compensatory time, and supervisors have the discretion to grant or deny such
requests. One-and-one-half hours of compensatory time is earned for each hour of
overtime worked.
D. Non-exempt, part-time employees who work more than their scheduled hours in a
workweek but not more than 40 hours in a workweek shall be paid at their regular
hourly rate for those excess hours worked. In lieu of payment for the hours worked
in excess of scheduled hours, the part-time employee may request to accrue the
excess hours, and supervisors have the discretion to grant or deny such requests.
Excess hours shall accrue on a one for one basis and shall be added to the
employee’s compensatory time accrual. Non-exempt, part-time employees shall be
entitled to overtime pay or compensatory time for those hours worked in excess of
40 hours in a workweek as described above.
5.2.2 All Time Must Be Accurately Reported
A. All non-exempt employees are required to record accurately on their official time
sheets all hours worked (including regular and overtime hours) as well as all leave
time. When recording compensatory time on time sheets, non-exempt employees
must record the actual number of overtime hours worked, and they will then earn
compensatory time at one-and-a-half times the number of hours recorded.
B. All exempt employees are required to accurately record “exception hours” on their
official time sheets. “Exception hours” are those hours coded on the official time
sheet which are other than regular hours worked. Exempt employees shall not log
regular hours worked on the official time sheet, but may be required by their
supervisors to accurately report all hours worked, including regular hours on forms
other than the official time sheet.
C. In some facilities, employees may be required to use a time clock. Such employees
may only punch their own time cards. It is a violation of this policy for employees to
time in or out for any other employee. All time card errors must be immediately
reported to the supervisor.
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5.2.3 Overtime Work Must Be Pre-Approved
All overtime work (i.e., work in excess of 40 hours in a workweek) by a non-exempt employee
must be approved in advance by the supervisor, except in extraordinary situations where the
work is essential and a supervisor could not be contacted prior to commencing overtime
work.
5.2.4 No Daily Overtime
The City does not recognize or pay for “daily overtime.” Employees who work more than
eight hours in a day or more than their regularly scheduled hours will not be eligible for
overtime compensation or compensatory time, except as set forth above. This policy covers
all non-exempt employees.
5.2.5 Time Reporting for Multiple Positions
A. Time sheets
The City provides employees who hold more than one position with the City with
separate time sheets for each position. Such employees must accurately record the
hours worked in a particular position on the time sheet for that position, and only on
that time sheet. For example, if an employee who holds multiple positions works
three hours one week as a swimming instructor, the employee must record those
three hours of work time on his or her time sheet for the swimming instructor position
and may not record those same three hours on any other time sheet.
B. Overtime
1. Non-exempt employees who hold more than one position with the City receive overtime
compensation when their total hours worked exceeds 40 hours in a workweek. Once a
non-exempt employee has worked 40 hours in a workweek, the employee must record
all additional hours as “overtime” hours on the time sheet for the position in which the
employee worked the overtime.
2. When a non-exempt employee works in multiple positions with different rates of pay, the
overtime work is paid at one-and-a-half the employee’s “regular hourly rate” for the
workweek. The “regular hourly rate” for the week is calculated by totaling the employee’s
earnings in all positions for the week and dividing that sum by the total hours worked at
all jobs that week.
5.2.6 Limits on Amount of Compensatory Time
Non-exempt employees normally may accrue no more than 80 hours of compensatory time
without the approval of the employee’s department or division head. With Department Head
approval, employees may be allowed to accrue up to 240 hours of compensatory time at any
given time. In the event that an employee inadvertently exceeds this limit, the amount of
accrued compensatory time exceeding this limit shall be cashed out to the employee as soon
as reasonably possible.
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5.2.7 Cash-Out of Compensatory Time
A. Employees who want to receive payment for their accrued compensatory time may
make a written request to their supervisors. The City may, in its sole discretion,
approve or deny the request.
B. The City may at any time, in its sole discretion, pay or “cash out” employees for any
or all accrued compensatory time, whether or not the employee has requested
payment. In addition, all accrued compensatory time is paid upon termination of
employment.
5.2.8 How to Request the Use of Earned Compensatory Time
Non-exempt employees wishing to use compensatory time off must make requests to
schedule the use of such time with their supervisors in the same manner as requests to use
vacation or other non-emergency leave time. Supervisors have the discretion to approve or
deny such requests based on scheduling needs.
5.2.9 Informal Flex Time for Exempt Employees
Exempt employees are frequently expected to work hours well in excess of regular business
hours, yet they are ineligible to earn overtime pay or compensatory time off. In
acknowledgment of their additional work time, supervisors have the discretion to allow
exempt employees to flex their time informally by taking time off during regular business
hours.
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5.3 Meal and Break Periods
A. Meal periods for most employees are not compensated, and those employees may
not perform work during their meal periods unless specifically authorized to do so
by their supervisors. Employees who work during meal periods must record such
time as working time on their time sheets.
B. Although rest periods are not required, full-time employees may take up to two 15-
minute paid break periods during the day, one for each four hours of work per day.
Generally, the break periods should be taken midway through the first half of the
work shift and midway through the second half of the work shift, but in any event
should not conflict with work in progress. Employees must schedule break periods
with their supervisors. Unless specifically authorized by their supervisors,
employees may not combine breaks with the meal periods or use breaks as make-
up time or in lieu of late arrival or early departure from work. Break time is not
cumulative.
5.3.1 Workplace Accommodations for Nursing Mothers
A. Supervisors and managers shall:
1. provide reasonable unpaid break time or permit an employee to use paid break time,
meal time, or both, each day to allow the employee to express breast milk for her nursing
child for up to 2 years after the child’s birth; and
2. make reasonable efforts to provide a room or other location in close proximity to the work
area, other than a toilet stall, where an employee can express breast milk in privacy.
B. The term “reasonable efforts” means any effort that would not impose an undue
hardship on the operation of the City’s operations.
C. The term “undue hardship” means any action that requires significant difficulty or
expense when considered in relation to factors such as the size of the City business
unit, the financial resources of the unit, or the nature and structure of its operation,
including consideration of the special circumstances of public safety.
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5.4 Deductions from Wages
5.4.1 Non-Routine Deductions
In addition to the required and voluntary deductions normally taken from an employee’s
wages, the City may also deduct:
1. The replacement cost value of City property which the employee has failed to return to
the City upon the employee’s termination of employment;
2. Tuition and other costs advanced by the City pursuant to Section 4.2 (Educational
Assistance and Reimbursement) when the employee fails to satisfactorily complete the
course or leaves the employ of the City within three months after completing the course;
3. The cost of a split sample drug test when the split sample test is requested by an
employee and a positive result is reported;
4. The cost of any drug or alcohol test required as a condition of a last chance agreement
or other disciplinary action;
5. The cost of any late fees for certifications or license renewals as referenced in Section
8.9.B;
6. The costs of personal telephone and cellular phone use that have not been reimbursed
as required by the City;
7. The amount of any overpayment in wages, salary, or use of paid leave; and
8. The amount of prorated relocation reimbursement if an employee terminates for any
reason within 12 months of hire.
5.4.2 Deductions from Pay for Exempt Employees
A. It is the City’s intent to comply with the salary basis requirements of the FLSA.
Managers are prohibited from making any deductions from the salaries of exempt
employees that would violate the FLSA. Any exempt employee who believes that
an improper deduction has been made to the employee’s salary should immediately
report this belief to the employee’s direct supervisor or to the Chief Human
Resources Officer. Additionally, an exempt employee may utilize any applicable
provisions of the issue resolution, grievance, or appeal process set forth in these
policies. Reports of improper deductions will be promptly investigated. If it is
determined that an improper deduction has occurred, the employee will be promptly
reimbursed.
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5.5 Teleworking
Recognizing that teleworking is one way the City can take positive steps to reduce its
demand on the region’s transportation network, the City generally endorses teleworking as
a work option for selected employees under certain conditions as described in this policy.
Teleworking is a work option for consideration by the employee, supervisor, and department
head and is not a benefit of employment.
5.5.1 Selection Process
Employees desiring to request a telework arrangement must submit a City approved
application which will aid the employee’s supervisor and department head in determining the
teleworking suitability of the job, the employee, and the supervisor. The supervisor and
department head will consider the following factors in determining whether or not to permit
an employee to telework:
1. The need for face-to-face interaction between the employee and customers, other
employees, and other third parties;
2. The ability to measure the employee’s performance;
3. The support needs of the employee;
4. The supervision needs of the City;
5. The cost and availability of necessary equipment;
6. Impact upon the workload of co-workers;
7. Any other business needs or concerns.
5.5.2 Teleworking Conditions
If the employee’s supervisor and department head approve of a teleworking arrangement,
the terms and conditions of the arrangement shall be set forth in a teleworking agreement.
Unless otherwise approved by the service director and the Human Resources Department,
the teleworking arrangement shall include the following conditions which shall be included in
the teleworking agreement:
1. The teleworking arrangement is terminable at any time by either the supervisor or the
employee;
2. The teleworker will have scheduled work hours agreed upon with the supervisor,
including specific core hours when each can be reached by phone. The weekly and daily
work schedule will be specified. The amount of time the employee is expected to work
per day or per pay period will not change due to teleworking;
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3. Whether using City equipment or personal equipment, while teleworking, the employee
will conform to the City software, licensing, and security standards as adopted by the
City Manager and maintained by the Information Technology;
4. Non-exempt employees must not work more than 40 hours per week without the
advanced approval of the supervisor. This 40 hour limit includes time spent teleworking;
5. Employees who are injured while teleworking, regardless of severity, must immediately
report the injury to their supervisor and Safety, Security & Risk Management and comply
with the City’s workers’ compensation guidelines program;
6. The teleworker’s work station and work area must be set up in accordance with
guidelines set forth by the SSRM Department, including but not limited to office
ergonomics and work space. The teleworker’s supervisor or SSRM personnel may
conduct a site inspection of the teleworking site at any time that teleworking is occurring;
7. All City safety work practices and policies will be followed while teleworking;
8. The City will not be responsible for property damage or injury to family members, visitors,
or others at the telework site;
9. The employee will be responsible for any damage to or loss of City equipment caused
by the intentional acts or negligence of the employee, the employee’s family, visitors or
others. The employee authorizes the City to withhold from the employee’s pay the repair
cost or replacement value of such damaged or lost equipment. The City will not be
responsible for damage to or loss of employee-owned equipment;
10. Employees who are teleworking must be engaged in work on behalf of the City. Non-job
activities, including but not limited to providing child care or performing yard or house
work, are not permissible telework activities. Teleworking is not a substitute for the
employee’s use of sick leave or dependent care leave;
11. Compensation and benefits are not affected by the telework arrangement;
12. Employees must continue to abide by the City’s personnel policies and procedures while
teleworking;
13. Unless the employee is participating in the City’s smart phone stipend program, the
employee’s department will reimburse the employee for all business long distance
telephone calls upon presentation by the employee of an itemized copy of the telephone
bill. The City will not reimburse for local calls, the cost of phone service, or costs of an
internet provider at the telework site.
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5.6 City Employees as Independent Contractors to the City
For purposes of this policy, “independent contractor” indicates acting as a subcontractor, or
employee of a contractor or subcontractor.
5.6.1 Prohibition
An employee will not be permitted to perform the same or similar type of work for the City in
the capacity of an independent contractor to the City as the employee performs as a City
employee.
5.6.2 Review Process
A. Any City employee who desires to provide services to the City as an independent
contractor while maintaining his/her employment with the City must:
1. Comply with the City’s outside employment request procedure set forth in Section 8.6.5
of the City’s Personnel Policies and Procedures; and
2. Provide a detailed proposal to the:
a. Service Area Director under whom the employee works; and
b. If not the same Service Area Director, the Service Area Director of the City
department that is seeking the independent contractor services; and
c. Purchasing Department
3. In any case, the employee must identify him/herself as a City employee in the proposal.
The proposal must contain a detailed description of the work the employee will be
performing as an independent contractor and associated cost or fee schedule. The
proposal must also describe how that work compares and contrasts with the work the
employee performs for the City as a City employee. In addition, the proposal must
address how the employee will allocate time between the work as a City Employee and
independent contractor.
B. If the Service Area Directors believe the work between the City job and the
independent contractor job is dissimilar and supports consideration of the proposal,
the Service Area Directors shall concurrently forward the proposal to the Chief
Human Resources Officer and the Purchasing Director for a determination of
whether or not the simultaneous holding of employment and an independent
contractor status would subject the City to:
1. A conflict of interest per the City Charter (Article IV, Section 9(b)(1)) or other applicable
law;
2. The appearance of a conflict of interest;
3. A potential violation of local, state, or federal law; or
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4. Any other situation that is not in the best interests of the City.
C. In the event the services to be performed will exceed $5,000 and the con- tract is
not competitively bid, the hiring Service Area Director will initiate and submit a sole
source justification to the Director of Purchasing in accordance with the City Charter
(Article IV, Section 8-161), Exemption to use of competitive bid or proposal.
D. After considering the above factors, the Chief Human Resources Officer and the
Purchasing Director will determine, in their sole discretion, whether or not it is in the
best interests of the City to allow the employee to be considered for the independent
contractor relationship. The City Manager will resolve any determination conflict
between the two Directors.
E. Prior to being retained as an independent contractor, the employee will be required
to execute an independent contractor agreement acceptable to the Purchasing
Director unless the employee is a subcontractor or an employee of the contractor
or subcontractor performing work for the City under an existing agreement.
F. Upon being retained as an independent contractor, the employee shall file a Conflict
of Interest Disclosure Statement with the City Clerk as required by Section 24-18-
201(1)(b)(V), Colorado Revised Statutes.
G. The payment of an independent contractor shall be an Accounts Payable function
and not a Payroll function.
5.6.3 Contracts with Former Employees
Pursuant to the provisions of Section 24-18-201, Colorado Revised Statutes, a former
employee may not, within six months following termination of employment, contract with or
be employed by an employer who contracts with the City involving matters with which the
former employee was directly involved during employment. This statutory restriction does
not apply to:
1. Contracts awarded to the lowest responsible bidder based on competitive bidding
procedures; or
2. A contract with a former employee if, because of geographic restrictions, the City could
not otherwise reasonably afford itself of the subject of the contract. Please see the
definitions under the state statute for a further explanation of this exception.
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6 Leave Policies
6.1 Reporting Absences and Tardiness
A. Employees are expected to report to their place of work every day as scheduled
unless on approved leave. Time off of any kind must be taken in accordance with
this policy and other applicable policies set forth elsewhere in these City of Fort
Collins Personnel Policies and Procedures.
B. Employees who will be absent or late to work must notify their immediate supervisor
(or the supervisor’s designee) as soon as they learn of the need to be absent or
late, and no later than 15 minutes after the start of the employee’s work shift, unless
otherwise directed in written department work rules. Failure to provide prompt
notice of an absence or tardiness is an unapproved absence and may result in
disciplinary action.
C. When notifying the supervisor of the need to be absent or late, the employee must
report:
1. The reason for the absences (or tardiness); and
2. The expected date (or time) when the employee expects to return to work.
D. The City recognizes that under exceptional circumstances, neither the employee
nor someone on her or his behalf may reasonably be able to call within the time
required. In such a case, the employee or representative must contact the
employee’s supervisor as soon as possible after the beginning of the shift. If the
supervisor, in her or his discretion, believes the employee had a compelling reason
which prevented the employee from obtaining prior approval for the absence or
calling-in on time, the supervisor may approve pay for the period of absence or
tardiness.
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6.2 Vacation Time
6.2.1 Employees Eligible to Accrue and Use Vacation Time
A. Employees in classified positions and unclassified management positions are
eligible to accrue vacation time beginning with the first day of employment.
Employees in unclassified contractual positions may be eligible to accrue and use
vacation time depending on the terms of their specific contracts. Employees in
unclassified hourly positions are ineligible to accrue or use vacation time, but
eligible employees in hourly positions may accrue and use personal leave in
accordance with the policy in these City of Fort Collins Personnel Policies and
Procedures.
B. Vacation time is accrued bi-weekly each pay period. Unless on approved FMLA
leave, employees cease accruing vacation time during any period of unpaid leave
which exceeds thirty (30) consecutive calendar days. This provision shall apply
even if the employee has actual time worked of ten (10) hours or less during such
thirty (30) day period.
C. Eligible full-time employees accrue vacation time in accordance with the schedules
and examples below. Eligible part-time employees accrue vacation time on a pro
rata basis based upon their position’s designated FTE and may use vacation time
based on their regularly scheduled hours at the time of use. However, in no event
may the use of vacation time in any work week exceed the designated FTE for the
position.
6.2.2 Use and Scheduling
A. Only employees who are eligible and have accrued vacation time may use such
time. Accrued vacation time may not be used until after the bi-weekly pay period in
which it was accrued. The City will not advance vacation time or advance wages to
employees in connection with use of vacation time.
B. Prior to using vacation leave, an eligible employee must request and obtain
approval from his or her supervisor. Although efforts will be made to accommodate
employee’s requests to take vacation at a specified time, supervisors must consider
the needs of the department when evaluating vacation requests.
C. When approved by an employee’s supervisor, an employee may use accrued
vacation time when he or she has been determined to be eligible for:
1. The City’s long term disability insurance total disability benefit and the City determines
based on credible medical predictions that the employee will be able to return to his or
her regular position and perform all essential functions of that position with or without
reasonable accommodations within twelve months of the date the disability began. The
employee will not be eligible to use accrued vacation in an amount that, when combined
with the long term disability benefit or any other leaves, would provide the employee with
greater than 100% of the employee’s regular base pay based on the position’s FTE. In
the event of an overpayment, the employee will reimburse the City either by Payment of
the overage amount (direct payment or payroll deduction) or a reduction of the
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employee’s vacation accrual amount if the vacation accrual is sufficient to cover the
overage.
2. Short term disability leave as provided at Section 6.16.3 of these policies.
6.2.3 Maximum Carry Over
A. Employees in classified positions may carry over to a new Leave Benefit Year up
to twice the amount of vacation time they are eligible to accrue as of the last day of
the current Leave Benefit Year, up to a maximum of 30 days (240 hours).
B. Employees in unclassified management positions may carry over to a new Leave
Benefit Year up to twice the amount of vacation time they are eligible to accrue as
of the last day of the current Leave Benefit Year, plus an additional forty (40) hours,
up to a maximum of 35 days (280 hours) of vacation time.
C. All vacation time which cannot be carried over is forfeited after the end of the last
pay period paid within the calendar year, unless an extension is authorized by the
City Manager or, in the case of attorneys employed by the City, the extension is
authorized by the City Attorney.
D. Employees in unclassified contractual positions who are eligible to accrue vacation
time may carry over the entire amount accrued throughout the term of the contract,
up to a maximum of 20 days (160 hours).
6.2.4 Payment upon Separation from Employment
All accrued but unused vacation time is payable upon separation from employment at the
rate of one hour’s pay (at the employee’s regular hourly rate at the time of termination) for
each hour of vacation time.
6.2.5 Accrual Schedule: Classified Positions and Unclassified Management
Positions
A. Full-time employees in classified positions and unclassified management positions,
with the exceptions noted later in this policy, accrue vacation time according to the
following schedule:
Years of Service from
Date of Hire
Vacation Hours
Accrued Per Pay
Period
Total Days
Accrued Per
Year
0-3 years (0-36 months) 4.62 hours 15 days
4-5 years (37-60 months) 4.92 hours 16 days
6-7 years (61-84 months) 5.23 hours 17 days
8-9 years (85-108 months) 5.54 hours 18 days
10-12 years (109-144 months) 6.15 hours 20 days
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13-14 years (145-168 months) 6.46 hours 21 days
15-16 years (169-192 months) 6.77 hours 22 days
17-18 years (193-216 months) 7.08 hours 23 days
19-20 years (217-240 months) 7.38 hours 24 days
Over 20 years (241 months+) 7.69 hours 25 days
A break in employment of 30 or more days with the City will result in a loss of years
of service credit. However, for the purposes of vacation accrual, an uninterrupted
change of employment status with the City among the employment categories
identified in Section 2 of these policies shall not be considered a break in
employment. Only employment with the City in a classified or unclassified
management position will be counted in determining years of service. For example,
if an employee with 10 years of service accepts a contractual position for any length
of time, and then converts back to a classified position without a break in service,
then the employee’s vacation accrual schedule will be reinstated to that of an
employee with 10 years of service.
6.2.6 Additional Time for Unclassified Management Positions
In addition to the vacation accrual schedule above, employees in unclassified management
positions who work one full pay period in the new Leave Benefit Year are credited with a
lump sum of forty (40) hours of vacation time at the beginning of each Leave Benefit Year.
For new employees, this lump sum vacation credit is prorated based on the employee’s
starting date.
6.2.7 Special Accrual Schedule and Carry Over: Service Area Directors, Service
Unit Directors, Assistant City Managers and Deputy City Manager
A. Although they are unclassified management employees, Service Area Directors,
service unit directors, assistant city managers and the deputy city manager do not
accrue vacation time in accordance with the years of service schedule. Full-time
employees in such positions accrue vacation time based on the following schedule:
Years of Service from
Date of Hire
Vacation Hours
Accrued Per Pay
Period
Total Days
Accrued Per
Year
0-12 years (0-144 months) 6.15 hours 20 days
13-14 years (145-168 months) 6.46 hours 21 days
15-16 years (169-192 months) 6.77 hours 22 days
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17-20 years (193-240 months) 7.38 hours 24 days
Over 20 years (241+ months) 7.69 hours 25 days
B. Employees in these positions are subject to the maximum carry over of 480 hours.
All vacation time in excess of this amount is forfeited after the end of the Leave
Benefit Year, unless an extension is authorized by the City Manager.
6.2.8 Special Accrual Schedule and Carry Over: City Manager, City Attorney, Chief
Judge and Municipal Judge
The vacation time accrual schedule for employees in the positions of City Manager, City
Attorney, Chief Judge and Municipal Judge are set by the City Council and may differ from
the schedules set forth in this policy.
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6.3 Personal Leave Time
Personal leave time is intended to provide limited paid leave time for any personal reasons,
including vacations and illnesses, for eligible employees who do not receive paid time off
under other policies in these City of Fort Collins Personnel Policies and Procedures.
6.3.1 Eligible Employees
Employees in hourly positions who have worked at least 520 regular hours are eligible to
accrue personal leave in accordance with this policy. Returning hourly employees who have
previously satisfied this 520 hour requirement will not lose eligibility providing their gap in
qualified employment has not exceeded 12 months (365 days). Employees in classified
positions, unclassified management positions, and contractual positions are ineligible to
accrue or use personal leave time.
6.3.2 Accrual Schedule
Eligible employees accrue personal leave time each bi-weekly pay period in which they work,
at the rate of .019 hours of personal leave for each regular hour actually worked (up to 40
hour per week), up to a maximum of 40 hours of personal leave. Once eligible employees
reach the cap of 40 hours, they cease accruing additional personal leave time. If the
employees later use enough personal leave time to fall below the maximum, they will start
accruing personal leave time again from that date forward until they reach the cap of 40
hours.
6.3.3 Use and Scheduling
A. Only employees who are eligible and have accrued personal leave time may use
such time. Accrued personal leave time may be used after the bi-weekly pay period
in which it was accrued. The City will not advance personal leave time or advance
wages to employees in connection with use of personal leave time.
B. Personal leave must be scheduled and approved by the eligible employee’s
supervisor. Although efforts will be made to accommodate employee’s requests to
take personal leave at a specified time, supervisors must consider the needs of the
department when evaluating personal leave requests.
6.3.4 Payment upon Separation from Employment
All accrued but unused personal leave time is payable upon separation from employment,
including the termination of hourly employment to accept employment in another category of
employment with the City.
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6.4 Holiday Time
6.4.1 Eligible Employees
A. Employees in classified positions and unclassified management positions are
eligible to receive paid holiday time. Some employees in unclassified contractual
positions may be eligible to receive paid holiday time, depending on the terms of
their specific contracts. Hourly employees are eligible for holiday time as set forth
in Section 6.4.8.
B. Only eligible employees who are working or on paid leave (e.g., vacation or sick
leave) at the time the holiday occurs may receive paid holiday time. If a holiday
occurs during a paid leave, the employee must record holiday time instead of the
other paid leave. Employees on any unpaid leave are ineligible to receive paid
holiday time. In addition, employees leaving employment may not use holiday time
to extend their employment into the next calendar month.
6.4.2 Amount of Holiday Time
A. At the beginning of each Leave Benefit year, eligible employees are provided with
approximately nine designated holidays, the exact number being dependent on how
many of the designated holidays fall within the Leave Benefit Year.
B. For eligible full-time employees, the nine designated holidays total seventy-two (72)
hours in most Leave Benefit Years. For eligible part-time employees, holiday hours
are provided on a pro rata basis based on their FTE. For example, an eligible
employee who is a “0.75 FTE” is provided with 75 percent of designated holiday
hours in the usual Leave Benefit Year (assuming the Leave Benefit Year contains
the usual nine designated holidays).
6.4.3 Designated Holidays
A. The City designates the following holidays each calendar year:
New Year’s Day January 1
Martin Luther King Day 3rd Monday in January
President’s Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Veterans’ Day November 11
Thanksgiving Day 4th Thursday in November
Christmas Day December 25
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B. Designated holidays that fall on a Saturday are generally observed on the
preceding Friday, and designated holidays that fall on a Sunday are generally
observed on the following Monday. The Christmas Day holiday often falls within the
first pay period of a new Leave Benefit Year, so holiday time for that day will usually
be credited and appear on an employee’s time records for the new Leave Benefit
Year.
6.4.4 Working on Designated Holidays
Designated holiday hours are intended to be used on the designated holiday. Exempt
employees who work on a holiday must record actual hours worked and take the holiday
time off at a later date before the end of the Leave Benefit Year. Non-exempt employees,
who work on a holiday, at their option, may either:
1. Record on their time sheets both their hours worked and the holiday hours, so they will
essentially receive double pay for the day; or
2. Record only the hours worked and take the holiday time off at a later date before the end
of the Leave Benefit Year.
6.4.5 Holidays Occurring on Scheduled Day Off
When a designated holiday occurs on an eligible employee’s scheduled day off, the
employee shall schedule time off with holiday pay on a scheduled work day before the end
of the Leave Benefit Year.
6.4.6 Forfeiture at End of Leave Benefit Year
All designated holiday time not used during a Leave Benefit Year will be forfeited at the end
of the Leave Benefit Year in which the holiday occurred.
6.4.7 Payment upon Separation from Employment
Employees who actually work a designated holiday and choose to take the holiday time off
at a later date prior to its forfeiture, but who terminate employment before the forfeiture date
without having used the holiday time will receive pay for the holiday time upon separation
from employment.
6.4.8 Hourly Employees
Employees in hourly positions are eligible to receive paid holiday time for any designated
holiday which falls during a biweekly pay period in which the employee worked or received
paid leave for 30 or more hours. The amount of time paid for a designated holiday shall be
determined according to the following chart:
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Chart for 1 Holiday in Pay Period
Time Worked & Personal Leave
Used in a Pay Period Amount of Holiday Pay
30 to < 36 hours 3 hours
36 to < 45 hours 4 hours
45 to < 54 hours 5 hours
54 to < 63 hours 6 hours
63 to < 72 hours 7 hours
72 hours + 8 hours
Chart for 2 Holidays in Pay Period
Time Worked & Personal Leave
Used in a Pay Period Amount of Holiday Pay
30 to < 32 hours 3 hours
32 to < 40 hours 4 hours
40 to < 48 hours 5 hours
48 to < 56 hours 6 hours
56 to < 64 hours 7 hours
64 hours + 8 hours
6.4.9 Limitations on Use of Holiday Time Prior to the Holiday
Except as specified in this section, employees may not use holiday time from a designated
holiday before the date of that designated holiday. Only classified employees and
unclassified management employees in positions that are required to work 24/7 shifts or who
are designated by their Service Area Directors as routinely being required to work on
designated holidays are eligible to use holiday time prior to the date of the designated holiday
for which holiday time is provided. If an eligible employee uses holiday time early and then
terminates employment with the City prior to the date of the holiday, the holiday time that
was used early shall be reimbursed to the City from the employee’s accrued vacation time,
if any, or will be deducted from the employee’s payroll payments.
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6.5 Sick Leave
This policy is intended to provide eligible employees with time off work for brief non-
occupational illnesses or injuries.
6.5.1 Eligible Employees
A. Employees in classified and unclassified management positions are eligible to use
paid sick leave in accordance with this policy. Some employees in unclassified
contractual positions may be eligible to use paid sick leave, depending upon the
terms of their individual contracts. Employees in hourly positions are ineligible to
use paid sick leave, but eligible employees in hourly positions may take time off in
accordance with the personal leave policy in these City of Fort Collins Personnel
Policies Procedures.
B. Eligible part-time employees are granted sick leave on a pro rata basis based on
the position’s designated FTE. For example, an eligible employee who is a “0.75
FTE” receives 75 percent of the sick leave granted to an eligible full-time employee.
Eligible part-time employees may use sick leave based on their regularly scheduled
hours at the time of use. However, in no event may the use of sick time in any work
week exceed the designated FTE for the position. Sick leave hours previously
granted to employees who change from full-time to part-time, or vice versa, will be
adjusted in accordance with the hours they are currently regularly scheduled to
work.
6.5.2 When Sick Leave May Be Used
Eligible employees may take available but unused paid sick leave under any of the following
circumstances:
1. When they are unable to perform their job due to a non-occupational personal illness,
injury, disability or other medical circumstances, including pregnancy, childbirth and
related medical conditions;
2. For non-occupational related reasonable travel time and necessary medical, optical and
dental health examinations and treatments, including periodic exams for preventative
reasons, and scheduled counseling appointments of the employee, when such exams,
treatments, and appointments cannot be scheduled outside regularly scheduled work
hours;
3. When the employee’s family member is ill and requires the care of the employee. For
purposes of this policy, “family member” means the employee’s child, spouse (whether
legally married to a same-sex partner or opposite sex partner), civil union partner, sibling,
parent, grandparent, or grandchild, including natural, step, in-law and foster relatives,
whether or not those relatives are living in the employee’s home. “Family member” also
includes any other relative of the employee (in addition to those listed in the previous
sentence) as long as that other relative actually lives in the employee’s home;
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4. When the employee’s family member (as defined above) requires the assistance of the
employee to attend medical appointments. This includes reasonable travel time and
necessary medical, optical and dental health examinations and treatments including
periodic exams for preventive reasons and scheduled counseling appointments, when
such exams, treatments, and appointments cannot be scheduled outside regularly
scheduled work hours;
5. When the employee adopts a child or receives a foster child providing the following
conditions are met:
a. The employee must certify in writing that he or she will be serving as care giver for
the adopted or foster child during the leave use;
b. The use of this leave may not be used prior to placement of the child in the
employee’s care pursuant to a final decree of adoption or foster placement, nor later
than three months after the date of final decree of adoption or foster placement;
c. If both adoptive or foster parents are eligible employees of the City, both parents
may use leave for this purpose;
d. The adopted or foster child must be under eighteen years of age at the time of
placement;
e. Use of sick leave for this purpose shall run concurrently with Family and Medical
Leave time, if applicable.
6. When an employee is unable to work after reaching maximum medical improvement (as
determined by the City’s designated physician) from a workers’ compensation eligible
injury, illness, or disability, but is eligible for the City’s long term disability insurance
coverage, makes application such benefit upon reaching maximum medical
improvement, and diligently pursues a determination of benefit eligibility.
6.5.3 Amount of Sick Leave
At the beginning of each calendar year (January 1st), eligible full-time employees shall
receive 120 hours (pro-rated based on FTE) of sick leave for use during that calendar year
(by December 31st). This amount will be pro-rated for those eligible employees commencing
employment after January 1 of a calendar year. Pro-ration shall be from the beginning of
the month in which the eligible employee begins employment. For example if an eligible full-
time employee begins employment on February 20, the pro-ration shall be calculated based
on a start date of February 1 and the employee shall receive 110 hours of sick leave.
6.5.4 Forfeiture at End of Calendar Year
All designated sick leave not used during a Calendar Year will be forfeited at the end of that
calendar year.
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6.5.5 Notice of Brief Absence (3 Days or Less)
This portion of the policy applies to absences for brief illnesses (such as the flu), injuries, and
minor medical procedures where the employee reasonably expects to be absent three days
or less, even if the absence ends up being longer.
1. Employees who need to use sick leave for an unexpected, brief illness or injury must
contact their supervisor or other designated person within the department within 15
minutes after the beginning of the shift each day of the absence, unless earlier notice is
required by departmental work rules.
2. Employees who need to be absent for a scheduled medical appointment or short term
procedure or treatment must notify their supervisor or other designated person in the
department as soon as the need for the absence is scheduled with the health care
provider. Employees must schedule appointments outside regularly scheduled work
hours when possible.
6.5.6 Notice of Prolonged Absence (More Than 3 Days) or Intermittent Leave
This portion of the policy applies to employees who need to be absent for illnesses or medical
procedures for more than three days, or who need to use sick leave intermittently.
1. Employees who need to use sick leave for a prolonged, scheduled medical procedure
or treatment (such as surgery, childbirth or recurring therapy) for themselves or to care
for a family member must notify their supervisor as soon as learning of the need for such
a leave, or about three months before expecting to give birth. The notice must specify
the reason for the leave, the date it’s expected to begin, and the expected duration. For
intermittent leave, the notice must specify the reason for the leave and the scheduled
dates and times for the absences.
2. Employees who unexpectedly become seriously ill or require prolonged treatment or
recovery (or someone on behalf of the employee) must call the supervisor as soon as
reasonably possible under the circumstances.
3. Supervisors are expected to notify the Human Resources Department any time an
employee requests a prolonged sick leave.
6.5.7 Required Information
A. Employees are responsible for making sure that all of the requested information is
provided promptly, including follow-up information and updates. Sick leave may be
denied or terminated, and the employee may be subject to disciplinary action up to
and including termination of employment, for failure to undergo a medical
examination or promptly provide the types of information described in this policy.
B. Employees who request sick leave or who have used sick leave may be required by
their supervisor or the Human Resources Department to do the following:
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1. Periodically communicate with the supervisor or Human Resources Department
regarding the anticipated date of return to duty;
2. Provide written verification of the following from the physician or other health care
provider treating the employee:
a. Date on which the condition commenced;
b. Nature and extent of illness or injury, but only as is necessary to determine the
employee’s ability to perform job functions;
c. Probable duration of illness or injury;
d. Confirmation that the employee is unable to perform essential job functions;
e. Anticipated date on which the employee may return to work;
f. Release stating that the employee is able to return and perform his or her duties
without endangering the health and safety of himself or herself or others, and
describing restrictions on the employee’s work activities;
g. In the case of intermittent absences:
i. The dates on which the treatment is expected to be given and the duration of
treatment; and
ii. Confirmation that intermittent leave is medically necessary, and the expected
schedule and duration of the intermittent leave.
3. Undergo a fitness for duty examination by a physician or other health care provider
designated and paid for by the City; obtain a release from a physician or health care
provider confirming that the employee is able to return to work without endangering the
health and safety of himself or herself or others; and/or obtain a detailed description
satisfactory to the City of restrictions on the employee’s work activities.
C. Employees who request sick leave based on a family member may be required by
their supervisor or the Human Resources Department to provide information and
documentation verifying the illness or injury of the family member or the family
member’s medical appointments.
6.5.8 Sick Leave during Vacation or Compensatory Time Off
Sick leave may not be used during a scheduled vacation or compensatory time off, except
under extraordinary circumstances. A request to use sick leave during a scheduled vacation
or compensatory time off must be made to, and may be granted or denied in the discretion
of, both the employee’s department or division head and the Chief Human Resources
Officer.
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6.5.9 Holiday Pay during Sick Leave
Employees who are eligible for holiday time and who are on sick leave during a designated
holiday must record holiday time for that day and not sick leave. An employee who is
scheduled to work on a holiday and becomes sick must record holiday time only for the day.
6.5.10 Continuation of Benefits during Sick Leave
During paid sick leave under the terms of this policy, all benefits will continue as though the
employee were at work.
6.5.11 Misuse Prohibited
Employees are prohibited from using sick leave except under the circumstances described
at the beginning of this policy. Employees who, in the City’s judgment, misuse sick leave are
subject to disciplinary action and sick leave benefits may cease. When there appears to be
a possibility that sick leave is being misused, the department or division head or supervisor
may:
1. Make further inquiry of the employee about past or ongoing use of the leave time;
2. Require the employee to provide the type of information or submit to medical
examinations as described above; and/or
3. Require the employee to provide written medical verification or be seen by the City’s
designated physician in order to use any further sick leave.
6.5.12 Return from Sick Leave
A. Employees returning from sick leave may, at the discretion of the City, be required
to:
1. Complete a fitness for duty examination by a physician or other health care provider
designated and paid for by the City;
2. Obtain a release from that physician or health care provider confirming that the employee
is able to return to work without endangering the health and safety of himself or herself
or others; and/or
3. Obtain a description satisfactory to the City of any restrictions upon the employee’s work
activities.
B. If employees do not return to work on the date expected following sick leave, or
decline a comparable position, their employment may terminate.
6.5.13 Applicability of Family and Medical Leave
Sick leave used for purposes of childbirth, serious health condition of the employee, or caring
for the employee’s spouse, child or parent suffering from a serious health condition will, in
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addition to sick leave, be counted as leave under the Family and Medical Leave Act
(“FMLA”), see Personnel Policy 6.8, Family and Medical Leave.
6.5.14 No Payment upon Separation from Employment
Eligible employees who have available but unused sick leave at the time of separation of
employment shall not be paid for such unused leave.
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6.6 Injury Leave
Unlike sick leave which does not cover cases of work-related illnesses or injuries, injury leave
is paid time off for eligible employees who are placed off work by one of the City’s designated
medical professionals due to an injury or illness that arose out of and occurred in the course
and scope of employment with the City. Injury leave is paid in lieu of temporary disability
payments.
6.6.1 Eligible Employees
A. All City employees, regardless of category of employment, are eligible to use injury
leave. Part-time employees are eligible for injury leave on a pro rata basis based
on the position’s designated FTE, unless state law requires that injury leave
payment be a different amount.
B. Any employee who is unable to work as prescribed by a designated medical
professional because of an injury sustained as a result, in whole or in part, of his or
her violation of a department or City rule or policy pertaining to safety,
C. Any employee who has willfully misled the City concerning the employee’s physical
ability to perform the job and is subsequently injured on the job as a result, in whole
or in part, of the physical ability about which the employee willfully misled the
employer, is ineligible to use injury leave.
6.6.2 Injury Reporting
Employees who are injured on the job, regardless of severity, or learn that they have an
occupational illness, injury or disability must immediately report such information to their
supervisors and the Safety, Security & Risk Management Division (SSRM). If medical
treatment is required, the injured employee is required to call or visit the City Occupational
Health Professional prior to seeking treatment unless it is an emergency and 911 is called.
Employees are also required to comply with the City’s workers’ compensation program
requirements, including completing online injury report forms and providing information
requested by the SSRM, the City’s worker’s compensation third party administrator and the
City’s designated medical provider.
6.6.3 When Injury Leave May Be Used
Injury leave allows eligible employees paid time away from work in order to recover from
temporary injuries and illnesses that occurred in the course and scope of employment with
the City. An eligible employee’s use of injury leave will end upon reaching maximum medical
improvement as determined by the City’s designated medical professional. Injury leave may
also be used by an eligible employee when the City’s designated medical professional
authorizes maintenance medical treatment after reaching maximum medical improvement.
Injury leave time may be used by eligible employees under the following circumstances:
1. The City’s designated medical professional has placed the employee on a temporary
“no work” status because of an injury, illness, disease, or temporary disability, including
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disability associated with any surgery, arising out of and occurring in the course and
scope of the employee’s employment with the City;
2. Necessary medical examinations and treatments for such injury, illness, disease or
temporary disability, and reasonable travel time to and from a health care provider for
that purpose;
3. The City, at the discretion of the SSRM or the City’s designated medical professional,
places the employee on injury leave rather than assigns modified duty or alternative
duties. If the employee is released to perform modified duty and is offered such duty by
the City, the employee must return to modified duty. Employees who refuse modified
duty are not eligible to use injury leave. If approved to work a reduced schedule under
modified duty, injury leave may be used to supplement hours up to 40 hours per week
or pro-rated FTE equivalent.
6.6.4 Amount of Injury Leave Time
A. During the first six months of employment, eligible employees may receive three
working days of injury leave.
B. After six month of employment, eligible employee may be qualified for injury leave
up to 90 instances or working days per work-related injury or illness. Loss of any
amount of time during a single work day counts towards the 90 instances or work
day limit. Injury leave is calculated in terms of instances or days and not in terms
of hours.
C. The injury leave benefit is equal to 100% of the employee’s base pay based on the
position’s designated FTE.
6.6.5 Notice of Absence to Employee’s Department and Safety, Security & Risk
Management
A. An employee who reports an occupational injury or illness is evaluated by the City’s
designated medical professional, who completes a Work Status Report after each
visit. The report notifies the employee and supervisor of the length of absence, if
any, and any temporary restrictions of the employee’s job duties. SSRM must be
contacted for any questions about the Work Status Report or if the employee’s job
duties cannot be modified to meet the restrictions.
B. Employees who know ahead of time about the need for injury leave (e.g., an
appointment or therapy) must notify their supervisors as soon as the need for leave
becomes known. Employees who need to use injury leave unexpectedly (e.g.,
sudden relapse) must immediately contact the City’s designated medical
professional for treatment and authorization for absence, and also must notify their
supervisor within 15 minutes after the beginning of the shift each day of absence,
unless earlier notice is required by departmental work rule.
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6.6.6 Continuation of Benefits during Injury Leave
During paid injury leave under the terms of this policy, all benefits for which the employee is
eligible will continue as though the employee were at work.
6.6.7 Holiday Pay during Injury Leave
Employees who are eligible for paid holiday time and who are on injury leave during a
designated holiday will receive holiday pay for that day in lieu of injury leave pay.
6.6.8 Return from Injury Leave
A. Employees returning from injury leave may, at the sole discretion of the City, be
required to:
1. Complete a fitness for duty examination by a physician or other health care provider
designated and paid for by the City;
2. Obtain a release from that physician or health care provider confirming that the employee
is able to return to work without endangering the health and safety of himself or herself
or others; and/or
3. Obtain a description satisfactory to the City of any restrictions upon the employee’s work
activities.
B. Employees returning from injury leave will be reinstated to the extent required by
law, and may be temporarily placed on modified duty in accordance with the City’s
policy on that subject in these City of Fort Collins Personnel Policies and
Procedures.
6.6.9 Failure or Inability to Return from Injury Leave
A. If employees do not return to work on the date expected back from injury leave,
their employment with the City may terminate.
B. When the employee has exhausted all injury leave, and is still unable to perform
the essential functions of their job, with or without reasonable accommodations,
and has not reached “maximum medical improvement” according to the designated
medical professional, the employee will be placed in an unpaid leave status.
Employees may then become eligible to receive a form of wage replacement as
temporary disability through workers’ compensation benefits at a reduced rate.
C. For the administration of compensation and benefits when an employee has
exhausted all injury leave and is unable to return to work, see Personnel Policy
6.13.2 regarding Compensation during Extended Leave and Personnel Policy
6.13.3 regarding Benefits during Extended Leave.
6.6.10 Denial or Termination of Injury Leave and/or Temporary Disability Benefits
An employee who is receiving temporary disability benefits or injury leave will no longer be
eligible for such benefits or leave under the following circumstances:
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1. Such employee returns to work at the employee’s pre-injury wage.
2. Such employee is given a release to return to the employee’s previous position by the
City’s designated medical professional and is able to perform all essential functions of
the position with or without reasonable accommodation.
3. Such employee fails to appear at a rescheduled medical appointment with written notice
that absence will result in suspension of temporary disability benefits.
4. Such employee is given a determination by the City’s designated medical professional
that such employee has reached maximum medical improvement (MMI), meaning that
the employee’s injury or illness has become stable and no further medical treatment will
improve the employee’s condition.
5. The City’s worker’s compensation third party administrator insurance provider requests
to modify, terminate, or suspend benefits for reasons other than those listed above.
6.6.11 Applicability of Family and Medical Leave
Injury leave used for purposes of an employee’s serious health condition will, in addition to
injury leave, be counted as leave under the Family and Medical Leave Act (“FMLA”). A
complete description of FMLA leave is provided in these City of Fort Collins Personnel
Policies and Procedures.
6.6.12 No Payment upon Separation from Employment
Eligible employees who have available but unused injury leave at the time of separation of
employment shall not be paid for such unused leave.
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6.7 Emergency Leave for Hourly Employees
A. Only hourly employees may request to take reasonable time off, up to a maximum
of five working days or 40 hours, whichever is less, per emergency, with pay for the
following types of emergencies:
1. A medical emergency of the employee: A medical emergency for the purpose of this
policy is defined as a non-work-related injury, illness or disability which requires both
medical care by a physician or other health care practitioner, and admittance to a health
care facility;
2. A medical emergency (as defined above) of an employee’s family member: A family
member for purposes of this policy means the employee’s child, spouse (whether legally
married to a same-sex or opposite sex partner), civil union partner, sibling, parent,
grandparent or grandchild, including natural, step, in-law and foster relatives, whether or
not those relatives are living in the employee’s home. “Family member” also includes
any other relative of the employee (in addition to those listed in the previous sentence)
as long as that other relative actually lives in the employee’s home.
B. Requests for emergency leave must be made to the employee’s supervisor as soon
as the employee knows of the need for the leave, but not later than 15 minutes after
the beginning of the employee’s regular shift, unless earlier notice is required by
departmental work rules. Requests for emergency leave may be granted or denied
based on the above criteria at the discretion of the department head.
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6.8 Family and Medical Leave
6.8.1 Eligible Employees
All City employees, regardless of category of employment, are eligible for unpaid leave under
the federal Family and Medical Leave Act (“FMLA”) when they have worked for the City:
1. At least 12 months (need not be consecutive); and
2. 1250 hours or more during the 12 months immediately preceding the start of the FMLA
leave.
6.8.2 When FMLA Leave May Be Used
A. Eligible employees are provided with up to 12 weeks of unpaid leave in a 12-month
period for the purpose of:
1. Caring for the employee’s son or daughter within the first 12 months after birth, adoption
or foster placement;
2. Providing necessary care for the employee’s spouse, child or parent suffering from a
serious health condition;
3. Suffering from a serious health condition which makes the employee unable to perform
the functions of his or her position; and/or
4. Incapacity due to pregnancy, prenatal medical care or child birth.
5. Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter,
or parent is a military member on covered active duty or has been notified of an
impending call or order to covered active duty (see Exigency Leave under Personnel
Policy 6.8.14, Special Provisions Related to Military Family Leave).
B. Employees eligible for military caregiver leave may take up to 26 weeks of leave in
a single 12-month period to care for a covered military member with a serious injury
or illness if the employee is the spouse, son, daughter, parent or next of kin of the
military member (see Military Caregiver Leave under Personnel Policy 6.8.14,
Special Provisions Related to Military Family Leave).
6.8.3 Amount of FMLA Leave for Part-Time Employees
Eligible part-time employees are provided 12 weeks of FMLA leave, but the number of hours
is pro-rated based upon FTE. For example, 12 weeks of leave for a full-time employee is
typically 480 hours, while 12 weeks of leave for a part-time employee who is a “0.75 FTE” is
approximately 360 hours.
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6.8.4 Period When FMLA Leave May Be Taken
FMLA leave is limited to 12 weeks in a 12-month period. The City elects to use the “rolling”
method as its 12-month period. This means that FMLA usage for any employee eligible for
such leave is measured back in time 12 months from the date an employee requests FMLA
leave. An employee’s available FMLA leave time is the balance of the 12 weeks not used
during the immediate preceding 12 months.
6.8.5 Additional Limits When Spouses Are Both City Employees
A. Two City employees who are legally married to one another and who are both
eligible for FMLA leave are limited to a combined total of 12 weeks of FMLA leave
during a 12-month period if the leave is taken:
1. For birth of the employee’s son or daughter or to care for the child after birth;
2. For placement of a son or daughter with the employee for adoption or foster care, or to
care for the child after placement; or
3. To care for the employee’s parent with a serious health condition.
6.8.6 Integration of FMLA Leave with Paid Leave Time
A. FMLA leave time is unpaid leave. However, if the employee has other eligible paid
leave time available, he/she may request the use of paid leave and must receive
approval from their supervisor for its use. Any approved paid leave will run
concurrently with approved FMLA leave.
B. Employees who are eligible for holiday time and who are on FMLA Leave during a
designated holiday (if included in their regularly scheduled work week) must record
holiday time for that day. When a holiday falls during a week in which an employee
is taking the full week of FMLA leave, the entire week is counted as FMLA leave.
However, when a holiday falls during a week when an employee is taking less than
a full week of FMLA leave, the holiday is not counted as FMLA leave.
6.8.7 Requested or Required Use of FMLA Leave Time
A. Employees must provide 30 days advance notice of the need to take FMLA leave
when the need is foreseeable. When 30 days’ notice is not possible, the employee
must provide notice as soon as practicable and generally must comply with the
City’s normal call-in procedures for reporting absences and tardiness (see
Personnel Policy 6.1). Employees must provide sufficient information for the City’s
FMLA Administrator to determine if the leave may qualify for FMLA protection and
the anticipated timing and duration of the leave. Sufficient information may include
that the employee is unable to perform job functions, the family member is unable
to perform daily activities, the need for hospitalization or continuing treatment by a
health care provider, or circumstances supporting the need for military family leave.
Employees also must inform the City if the requested leave is for a reason for which
FMLA leave was previously taken or certified. Supervisors must notify the Human
Resources Department of a subordinate employee’s absence from work that may
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qualify as FMLA leave. The City may retroactively designate time away from work
as FMLA leave if the employee fails to provide requested certification of eligibility
or if the City determines that the past time away from work qualified for FMLA leave.
B. Once the City becomes aware of an employee’s need for leave, the employee will
be instructed to call the City’s FMLA administrator to determine whether he or she
is eligible for FMLA leave. If the employee is eligible, the City’s FMLA Administrator
will notify the employee of any additional information required as well as the
employee’s rights and responsibilities. If the employee is not eligible for FMLA
leave, he or she will be provided with the reason for the ineligibility.
C. The City’s FMLA Administrator will inform an employee if leave will be designated
as FMLA-protected and the amount of leave counted against the employee’s leave
entitlement. If the City’s FMLA Administrator determines that the leave is not FMLA-
protected, the employee will be so notified.
D. The FMLA makes it unlawful for an employer to:
1. Interfere with, restrain, or deny the exercise of any right provided under the FMLA; and
2. Discharge or discriminate against any person for opposing any practice made unlawful
by the FMLA or for involvement in any proceeding under or relating to the FMLA.
E. An employee should report any violation of this policy or the FMLA to the Chief
Human Resources Officer. Additionally, an employee may file a complaint with the
U.S. Department of Labor or may bring a private lawsuit against an employer for a
violation of the FMLA. The FMLA does not affect any Federal or State law
prohibiting discrimination, or supersede any State or local law or collective
bargaining agreement which provides greater family or medical leave rights.
6.8.8 Certification Required for FMLA Leave
A. The employee must provide the City’s FMLA Administrator with written certification
issued by the health care provider within 15 calendar days from the date of the
FMLA request/notification. This certification generally requires the following:
1. Contact information for the health care provider, including name, address, telephone
number, fax number, and type of medical practice/specialty:
2. The date on which the condition commenced;
3. The nature and/or appropriate medical facts about the condition;
4. Whether the employee’s need for leave is continuous or intermittent;
5. (For serious health conditions of the employee) Confirmation that the employee is unable
to perform the essential functions of his or her job, and the likely duration of this inability;
6. (For care of family members) Confirmation that the family member requires care by the
employee and an estimate of the frequency and duration of the leave required to care
for the family member; or
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7. (For birth or placement of a child) Confirmation of the birth or placement of the child.
B. If the employee fails to return the certification in a timely manner, the City can deny
FMLA protections for the leave following the expiration of the 15 calendar day time
period until a complete and sufficient certification is received.
C. The City may, in its discretion, require a second opinion from a health care provider
of its own choosing and at its own expense.
D. Continued absence after denial of leave may result in disciplinary action in
accordance with these Personnel Policies and Procedures.
6.8.9 Intermittent or Reduced Schedule FMLA Leave
Under certain circumstances, the employee is entitled to take FMLA Leave on an intermittent
or reduced schedule basis.
A. Leave for Child Care after Birth or Placement of a Child:
Employees are not entitled to intermittent or reduced schedule FMLA Leave for the
birth and care of a newborn child or for the placement of an adopted or foster care
child unless the City agrees to the arrangement. Employees may submit a proposed
schedule for the leave in writing to the employee’s supervisor. The City, in its
discretion, may grant or deny a request for intermittent leave for the purpose of
caring for a child after birth or placement.
B. Unforeseeable Leave for Serious Health Condition of Employee or Spouse, Child
or Parent:
Employees are entitled to take leave on an intermittent or reduced schedule basis
when medically necessary. The employee must provide a certification which
includes the following:
1. For Care of Covered Family Members: Confirmation that intermittent or reduced
schedule leave is necessary for the care of the one who has the serious health condition
or will assist in his or her recovery, and the expected duration and schedule of the leave,
including a schedule of treatment dates where possible;
2. For Employee’s Own Serious Health Condition: Confirmation that intermittent or reduced
schedule leave is medically necessary, and an estimate of the frequency and duration
of the intermittent leave, including a schedule of treatment dates where possible.
C. Planned Medical Treatment for the Employee or Spouse, Child or Parent:
Employees are entitled to take leave on an intermittent or reduced schedule basis
when medically necessary. Employees must make reasonable efforts to schedule
the treatment so as not to unduly disrupt the operations of the department. The
employee must provide a certification which includes the following:
1. Confirmation that intermittent or reduced schedule leave is medically necessary;
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2. An estimate of the dates and duration of such treatment and periods of recovery.
D. Transfer to an Alternative Position:
If an employee needs intermittent or reduced schedule leave that is foreseeable
based on planned medical treatment, the employee’s supervisor and Human
Resources Department may, at their discretion, require the employee to transfer
temporarily to a different position that better accommodates recurring periods of
leave. During such a transfer, the employee would continue to receive the same
rate of pay and benefits as in his or her previous position; however, the position does
not have to have equivalent duties. When the employee no longer needs intermittent
or reduced schedule leave, the employee must be restored to the same or
equivalent job as the job that the employee left when the leave started.
6.8.10 Benefits Continuation during FMLA Leave
A. During any paid leave time covered by the FMLA, the City will continue to pay its
portion of the premiums for City-sponsored insurance, and to make its contributions
to the City-sponsored retirement and deferred compensation plans, as if the
employee were actively at work.
B. During any unpaid leave time covered by the FMLA, the City will continue to
maintain all medical, vision, life, dental and long term disability insurance in which
the employee participated at the time the leave began. If the employee was
responsible for paying any premiums (such as through payroll deductions) at the
time the leave began, the employee must continue to make those premium
payments within 30 days of the premium due date in order to continue coverage
during the leave. If the employee does not make the premium payments on time,
or through deferred payroll deductions scheduled with the Human Resources
Department, his or her coverage will cease until he or she returns to work.
C. After 30 continuous calendar days of unpaid leave, the employee will be placed in
“unpaid leave” status and will no longer accrue or be eligible to use any paid leave,
including holiday time, vacation time, or sick leave. During unpaid leaves, the terms
of any retirement plan or deferred compensation plan in which the employee
participates will control how the leave is credited under the plan.
D. Upon return from a paid or unpaid leave covered by the FMLA, the employee will
have the same benefits as if he or she had continued to work the entire leave period.
Any leave covered by the FMLA will not be counted as a break in service for
purposes of vesting, determining eligible credited service or determining eligibility
to participate in benefit programs.
6.8.11 Return from FMLA Leave
A. While on FMLA leave, an employee may be required to provide periodic reports on
his or her status and intent to return to work.
B. Employees returning from FMLA leave for their own serious health conditions must
obtain the following:
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1. If the employee is returning to work (a) prior to the expiration of the health care provider’s
estimate of duration for the condition as set forth in the FML medical certification, or (b)
with any work restrictions, or (c) when the City has reason to believe that there are work
restrictions, a release from a physician or health care provider confirming that the
employee is able to return to work without endangering the health and safety of himself
or herself or others; and,
2. A detailed description satisfactory to the City of restrictions, if any, on the employee’s
work activities.
C. Once an employee has returned from FMLA leave, the City may, when it is
consistent with business necessity, require the employee to complete a job related
fitness for duty examination by a physician or other health care provider designated
and paid for by the City.
D. Employees returning from FMLA leave will be reinstated to the same or equivalent
position to the extent required by law, and may be temporarily placed on modified
duty in accordance with the City’s policy on that subject in these City of Fort Collins
Personnel Policies and Procedures.
E. In the event that an employee is granted family and medical leave and the FMLA
reason for the approved leave is no longer applicable, the employee must notify
his/her supervisor so that the employee can be returned to work earlier than the
originally designated return-from-leave date.
6.8.12 Failure to Return from FMLA Leave
A. If an employee does not return to work on the date expected back from FMLA leave,
his or her employment with the City may terminate.
B. If an employee does not return to work at the end of the FMLA leave for reasons
other than the continuation of a serious health condition or other circumstances
beyond the employee’s control, the City may collect from the employee the amount
of any medical, vision and dental insurance premiums paid by the City on behalf of
the employee and dependents during the leave.
6.8.13 Definitions under the FMLA
A. The FMLA defines “health care provider” to include:
1. A licensed doctor of medicine or osteopathy;
2. A licensed podiatrist, dentist, clinical psychologist, optometrist, physician assistant,
nurse practitioner, nurse midwife, clinical social worker, or Christian Scientist practitioner
as defined by federal regulations; or
3. A licensed chiropractor under limited circumstances defined by federal regulations; or
4. Any health care provider from whom the employer or employer’s group health plan’s
benefits manager will accept a medication certification to substantiate a claim for
benefits.
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B. The FMLA defines “serious health condition” as an illness, injury, impairment or
physical or mental condition which involves:
1. Inpatient (overnight) care in a hospital, hospice or residential medical facility; or
2. Continuing treatment by a health care provider and
a. A period of incapacity (absence from work, school or other daily activities) of more
than three consecutive calendar days that also involves:
i. Treatment two or more times by a health care provider, or
ii. Treatment by a health care provider on at least one occasion which results in a
regimen of continuing treatment under the supervision of the health care
provider;
b. Any period of incapacity due to pregnancy or for prenatal care;
c. Any period of incapacity or treatment for such incapacity due to a chronic serious
health condition;
d. A period of incapacity which is permanent or long-term due to a condition for which
treatment may not be effective. The employee or family member must be under the
continuing supervision of, but need not be receiving active treatment by, a health
care provider; or
e. Any period of absence to receive multiple treatments by a health care provider or
by a provider of health care services under orders of, or on referral by, a health care
provider, either for restorative surgery after an accident or other injury, or for a
condition that would likely result in a period of incapacity of more than three
consecutive calendar days in the absence of medical intervention or treatment,
such as cancer.
C. For more information about leave covered by the FMLA, definitions of terms used
in the law or this policy, and the current federal regulations regarding FMLA, please
contact the Human Resources Department.
6.8.14 Special Provisions Related to Military Family Leave
A. Military Caregiver Leave:
Eligible employees who are the spouse, son, daughter, parent, or next of kin of a
covered service member may be entitled to FMLA leave to care for the covered
service member with a serious injury or illness. The injury or illness must make the
service member medically unfit to perform his or her duties. In the case of a veteran,
the qualifying illness or injury must be incurred or aggravated in the line of duty and
manifest itself before or after the service member became a veteran. The length of
such leave, when combined with other FMLA qualifying leave, is limited to 26 weeks
in the 12 month period that begins with the first day the eligible employee takes leave
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to care for the covered service member and ends twelve months after that date. A
“covered service member” is defined as either a:
1. Current member of the Armed Forces, National Guard, or Reserves, who is undergoing
medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is
otherwise on the temporary disability retired list, for a serious injury or illness; or
2. A veteran who is undergoing medical treatment, recuperation, or therapy, for a serious
injury or illness, and who was discharged during the previous 5 years preceding the date
on which the veteran undergoes that medical treatment, recuperation or therapy.
B. Exigency Leave:
Eligible employees may be entitled to FMLA leave for any qualifying exigency, as
defined by federal regulations, that arises out of the fact that the spouse, son,
daughter, or parent of an eligible employee, who is in the Armed Forces (including
Reserves and National Guard), is on covered active duty or has been notified of an
impending call to covered active duty in the Armed Forces in a foreign land.
Qualifying exigencies may include attending certain military events, arranging for
alternative childcare, addressing certain financial and legal arrangements, attending
certain counseling sessions, and attending post-deployment reintegration briefings.
The length of such leave, when combined with other FMLA qualifying leave, is
limited to 12 weeks in the 12 month period as identified in Section 6.8.4 of these
policies.
C. Employees must use sick leave (if the circumstances qualify for sick leave use
pursuant to Section 6.5.2) during either of the above Armed Forces FMLA leaves
before unpaid time begins. After exhaustion of any applicable sick leave,
employees may use other accrued and applicable paid leave. The use of
compensatory time must be pre-approved.
D. Except as provided above, the other provisions of the Family and Medical Leave
policy (6.8) remain applicable to these special provisions related to the Armed
Forces. The City may require verifying documentation of eligibility circumstances.
E. The provisions of sections 29 U.S.C. §2611, et seq. shall be used in applying the
provisions of this policy.
6.8.15 Family Care Act Leave
A. All City employees who are eligible for FMLA coverage are also eligible to use up
to 12 weeks of unpaid leave to care for their partners in a civil union who have
serious health conditions. Generally, leave under the Family Care Act is
administered consistent with the provisions of this FMLA policy.
B. Use of FMLA leave is concurrent with the use of Family Care leave and will reduce
the amount of Family Care leave available. However, because the federal FMLA
does not recognize the use of leave to care for a civil union partner who is
experiencing a serious health condition, the use of Family Care leave does not
reduce the amount of FMLA leave available.
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C. Examples:
1. An FMLA eligible employee takes 3 weeks of FMLA leave for his or her own serious
health condition or to provide necessary care for the employee’s child who is suffering
from a serious health condition (or for any other FMLA permitted reason). Later in the
12-month period, the employee desires to take Family Care leave to care for the
employee’s civil union partner who is suffering from a serious health condition. In this
situation, the employee will only have an additional 9 weeks of Family Care leave
available because he or she has already used 3 weeks of FMLA leave, which reduces
the availability of Family Care leave.
2. An FMLA eligible employee takes 3 weeks of Family Care leave to provide necessary
care for his or her civil union partner who is suffering from a serious health condition.
Later in the 12-month period, the employee desires to take FMLA leave for his or her
own serious health condition or to provide necessary care for the employee’s child who
is suffering from a serious health condition (or for any other FMLA permitted reason). In
this situation, the employee will have the full 12 weeks of FMLA leave available because
the use of Family Care leave cannot reduce the amount of FMLA leave available.
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6.9 Jury Duty and Witness Appearance Leave
6.9.1 Jury Duty
A. Employees in classified positions and unclassified management positions will be
paid while on jury duty that overlaps with any scheduled work time up to a maximum
of 25 working days in any 12-month period. To receive this pay, the employee must
pay to the City any jury duty pay received by the employee from the court
jurisdiction, excluding mileage reimbursement. Any further time that an employee
serves on jury duty is unpaid by the City unless the employee chooses to use
accrued paid leave time, such as vacation or compensatory time.
B. Employees in hourly and contractual positions will be paid their regular wages up
to fifty dollars per day for the first three days of jury duty, or any part of those days,
that overlap with scheduled work time. After the first three days of jury duty, such
employee will be granted all necessary time off but such time is unpaid by the City
unless the employee chooses to use accrued paid leave time, such as vacation,
personal time or compensatory time.
6.9.2 Witness Duty
A. Employees in classified positions and unclassified management positions will be
paid during time they are subpoenaed or otherwise required by law to appear as a
witness in any personal matter that overlaps with scheduled work time up to a
maximum of two working days in any 12-month period. To receive this pay, the
employee must pay to the City any witness pay received by the employee,
excluding mileage reimbursement. Any further time that an employee is required to
appear as a witness is unpaid by the City unless the employee chooses to use
accrued paid leave time. A matter is considered personal if, in the discretion of the
supervisor, it is not directly related to the employee’s essential job functions. An
employee’s appearance as a witness in non-personal matters is considered regular
working time and the employee must pay to the City any witness pay received by
the employee.
B. Employees in hourly and contractual positions will be granted all necessary time off
when required to appear as a witness in personal matters, but such time is unpaid
by the City unless the employee chooses to use accrued paid leave time.
6.9.3 Notice to Employee’s Department
Employees who are called to serve on a jury or subpoenaed or otherwise required by law to
appear as a witness must notify their supervisors immediately to arrange for the absence.
Employees serving on jury duty or appearing as a witness must periodically inform their
supervisors of the anticipated length of duty. When employees have completed jury duty,
supervisors may require a report from the court confirming the dates of attendance for jury
duty.
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6.9.4 Return to Work during Off-Duty Times
Employees are required to return to work each day if they are not selected or if dismissed
early. For example, an employee who testifies in a deposition that is completed prior to the
end of the employee’s regular workday must report to work after the deposition concludes.
Similarly, an employee who is not selected as a juror or is excused before the end of the
work shift must return to work for the remainder of the workday unless it would substantially
interfere with the effective performance of juror service.
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6.10 Voting Time
A. All City employees, regardless of category of employment, who are registered
electors, may take time off to vote. Voting time may only be requested or taken if
the employee’s work hours are such that there are less than three hours before or
after working time when the polls are open. Time off is limited to a maximum of two
hours and must be taken on an election day between the time of opening and
closing of the polls.
B. Employees who wish to take time off to vote must inform their supervisors prior to
the election day. If an employee requests voting time off at any time other than the
beginning or ending of his or her shift, the supervisor may specify which hours may
be used.
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6.11 Military Leave
6.11.1 Eligible Employees
All City employees, regardless of category of employment, are eligible to take military leave
for active duty or active or inactive duty training if they are members of the reserves or
enlisted in any branch of the United States Armed Forces or are members of the National
Guard of any state in the United States.
6.11.2 Length of Paid Leave
A. Employees are provided with paid leave for a maximum of 15 working days (120
hours for full-time employees, prorated for less than full-time employees) per
calendar year for active duty or active or inactive duty training with the National
Guard or any branch of the U.S. Armed Forces. If the intermittent schedule of a
part-time hourly employee makes it difficult to determine the number of hours the
employee would have worked during the leave period for proration purposes, the
number of hours the employee actually worked during the 21 calendar days
immediately preceding the leave shall be used to calculate the maximum length of
the paid military leave.
B. After exhausting the 15 days of paid military leave, an employee may choose to
use accrued vacation time, compensatory time, award time, accrued but unused
holiday time, and personal leave time, if applicable, and/or take leave without pay
for active duty or active or inactive duty training with the National Guard or any
branch of the U.S. Armed Forces. If an employee chooses to use the above
described accrued paid leave, such use must be at the rate of 40 hours per week
(prorated for part-time employees based on their FTE) and can only be used during
the initial portion of the leave. Once the leave becomes unpaid, an employee cannot
begin using accrued paid leave. An employee may not use any other type of paid
leave during military leave, including, but not limited to sick leave or injury leave.
6.11.3 Continuation of Health Insurance
A. After the first 30 continuous calendar days of unpaid leave for active military service,
the City-sponsored health insurance for the employee and covered dependents will
terminate. After coverage terminates, the employee may elect to continue coverage
at his or her own expense, and will be provided with detailed notice of the right to
continue coverage.
B. Employees who are reinstated after completing active duty or active or inactive duty
training will be eligible for immediate coverage under any applicable health
insurance plans existing at the time without a waiting period.
6.11.4 Seniority and Pension Plans
A. Employees who are members of the General Employees Retirement Plan will
continue to accrue service credits during military leave, and such leave will not
constitute a break in service, so long as the employee complies with requirements
for reinstatement after completing active duty or active or inactive duty training.
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B. Employees who are participants in any 401(a) defined contribution or City defined
benefit retirement plan will continue to accrue years of service for vesting purposes
during periods of military leave, and such leave will not constitute a break in service,
so long as the employee complies with requirements for reinstatement after
completing active duty or active or inactive duty training. During military leave, the
employee’s accounts will remain active and subject to fund transfers, changes in
beneficiaries and other changes.
6.11.5 Life and Disability Insurance
After the first 30 continuous calendar days of unpaid leave for active military service,
coverage under the life and disability insurance plans sponsored by the City will terminate.
This policy is consistent with the provisions of the Extended Leave of Absence policy. These
plans may contain limitations on coverage for death and disabilities which occur during a
declared or undeclared war. For more information about the policy provisions, please contact
the Human Resources Department for a copy of the summary plan descriptions or policies.
6.11.6 Reinstatement
When all of the following conditions for reinstatement are met, employees will be reinstated
to the same position they had at the time the military leave commenced or to a position of
like seniority, status and pay.
1. The cumulative period of military service was no longer than five years unless a longer
period is required by federal or state law.
2. The individual employee must return to work or apply orally or in writing for reinstatement
in a timely manner, as defined by federal and state law. While these laws contain
exceptions which could extend the time an employee has to return to work, they
generally define timely manner as follows:
a. Military service time of less than 31 days: reporting for work the next regularly
scheduled work day following safe travel time plus 8 hours.
b. Military service time of more than 30 days, but less than 181 days: submitting an
application for reinstatement within 14 days after release from military service.
c. Military service time of more than 180 days: submitting an application for
reinstatement within 90 days after release from military service.
3. The employee must provide documentation from the National Guard or U.S. Armed
Forces that he or she honorably completed military service or active or inactive duty
training, such as discharge papers.
4. An employee has the same right to reinstatement as if he or she had been continuously
employed during the leave period. For example, the employee is not eligible for
reinstatement if the job for which he or she was hired was for a specific time period which
expired or project which was completed during the absence or if the position has been
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abolished. The City’s circumstances must not have changed so as to make it impossible
or unreasonable for the employee to be reinstated.
5. The employee is qualified to perform the duties of the pre-service position. If the
employee is no longer qualified because of a disability, he or she will be re- employed in
another existing job that he or she is capable of performing.
6.11.7 Lump-Sum Payment for Extended Military Leave
After the first 30 continuous calendar days of unpaid leave for active military service and
providing the employee has exhausted all accrued vacation leave, paid military leave,
compensatory time and personal leave time, if applicable, an employee on military leave
shall be paid a lump-sum amount of $500.00, less withholdings and deductions. An
employee shall only be eligible for this payment once in any twelve month period. Multiple
active duty activations within a twelve month period shall not entitle an employee to more
than one payment within that twelve month period. An employee is eligible for an additional
payment if the extended military leave lasts longer than twelve consecutive months. This
payment shall not be considered to be paid leave and therefore will not extend the coverage
period for City-sponsored health, life, or disability insurance.
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6.12 Administrative Leave
6.12.1 When Leave Is Imposed
A. All City employees, regardless of category of employment, may be placed on
administrative leave at any time with or without cause or notice at the sole discretion
of the City. Placement on administrative leave is not disciplinary in nature.
Circumstances under which such a leave may occur include, but are not limited to,
the following:
1. To make inquiries into or investigate a work-related matter;
2. To remove the employee from the workplace pending a pre-deprivation hearing or
decision;
3. To protect the employee;
4. To protect the public;
5. To protect other employees or property in the workplace; or
6. To further any other work-related or business-related purpose.
B. Unless it would likely be harmful to an administrative or criminal investigation and
after consultation with the Human Resources Department, the supervisor or
manager shall place an employee on administrative leave as soon as reasonably
practical after learning of any of the following:
1. Reasonable grounds exist to believe an employee may have violated the public trust.
The public trust is violated when an employee engages in conduct that would be likely
to significantly harm the public’s perception that the employee is upholding his or her
responsibility to appropriately use public resources, funds, materials, and confidential
information, and to otherwise act in the best interests of the City. Examples of violations
of the public trust include the theft of City funds or property, the unauthorized use of City
funds or property for the employee’s personal gain, or the providing of false information
knowing that it is false at the time it is being provided.
2. Reasonable grounds exist to believe an employee has tested positive to a drug or
alcohol test conducted pursuant to City policy.
3. Reasonable grounds exist to believe that the public or the City may be harmed if an
employee is permitted to continue to work during the pendency of an investigation or
disciplinary proceedings.
6.12.2 Paid and Unpaid Administrative Leave
A. Administrative leave shall be with pay except under the following circumstances in
which case administrative leave may be without pay:
1. The employee has been formally charged or indicted for a felony or misdemeanor and:
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a. The employee occupies a position of public trust and public visibility, or
b. The felony or misdemeanor relates to the performance of the employee’s official
duties.
2. There are reasonable grounds to believe that the employee has committed an
uncharged crime of theft, a sex offense, or an offense that involves minors.
B. Before a classified employee who has completed the introductory period may be
placed on unpaid administrative leave, the employee must be provided with a pre-
decision hearing pursuant to Section 9.1.4 of these policies for the purpose of
providing the employee with the opportunity to be heard and present information
concerning whether or not there are reasonable grounds to support the placement
on unpaid administrative leave.
C. During paid administrative leave, employees will continue to receive their regular,
straight-time wages and benefits based on their position’s designated FTE.
Employees who are eligible for holiday time and who are on paid administrative
leave during a designated holiday will receive holiday pay for that day in lieu of pay
for administrative leave.
D. The above subsections A and B notwithstanding, the placement of an hourly
employee on administrative leave shall always be without pay.
6.12.3 Employee Required to Remain Available
Employees on paid or unpaid administrative leave must remain available so that they can be
contacted by telephone or personally during their regular working hours, and so that they
can return to work within one day if requested to do so. This means that an employee on
administrative leave may not consider the leave time as vacation or personal time. The
employee must provide the supervisor with telephone numbers where he or she can be
reached during regular working hours and must promptly return calls from the supervisor or
Human Resources Department. In addition, the employee must obtain the prior permission
of the supervisor and use accrued vacation time, compensatory time or other leave time in
order to be out of contact with his or her supervisor for longer than a single workday.
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6.13 Extended Leave of Absence
6.13.1 Eligible Employees
Any City employee, regardless of category of employment, may request an extended leave
of absence without pay for a maximum period of one year in any five-year period. Such a
request must be in writing and directed to the employee’s department head and the Chief
Human Resources Officer. The request may be granted or denied at the sole discretion of
the City. In reaching such a decision, the City may, but is not obligated to, consider factors
including, but not limited to the following:
1. Whether the employee has performed satisfactorily;
2. The length of the employee’s service with the City;
3. The feasibility and cost of replacing the employee or reassigning work during the period
of requested leave.
6.13.2 Compensation during Extended Leave
Although extended leaves are without pay, employees may use any or all of their accrued
but unused vacation, compensatory time, award time and holiday time during the leave. Full-
time employees electing to use paid time must do so at the rate of 40 hours per week, and
part-time employees must do so on a pro rata basis based on their FTE. Employees may not
use paid time after leave without pay begins. Employees may not use any other type of paid
leave during an extended leave, including but not limited to sick leave or injury leave.
Employees are ineligible to receive holiday pay for the holiday occurring during the unpaid
portion of an extended leave and will not be able to use the holiday or be paid for it at a later
date.
6.13.3 Benefits during Extended Leave
A. During any portion of the extended leave that is paid, and during the first 30
continuous calendar days of unpaid leave, an employee will continue to participate
in City-sponsored pension, deferred compensation, health insurance, employee
assistance program, vision care, dental insurance, disability insurance, accidental
death and dismemberment insurance, and life insurance, as if the employee were
actually at work. The employee will also continue to accrue paid vacation and
receive sick leave time, even though the employee may not use sick time during
the leave.
B. After the first 30 continuous calendar days of unpaid leave, the employee will cease
accruing vacation time, cease receiving sick leave and injury leave time, and cease
to be eligible to participate in any City-sponsored disability insurance, accidental
death and dismemberment insurance and life insurance, except in accordance with
conversion rights, if any, under the terms of such plans. In addition, after the first
30 continuous calendar days of unpaid leave, the employee’s coverage, if any,
under the City-sponsored health insurance, vision services and dental insurance
will terminate unless the employee elects to continue such coverage and pays
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102% of all premiums for the elected coverage in a timely manner in accordance
with the requirements of the City and the plans. The employee will be provided with
a separate notice of the right to continue coverage with more specific information
about premium amounts and required payments.
C. Flexible Spending Account (medical and daycare) participation will terminate on the
unpaid Leave of Absences start date.
D. The terms of any retirement plan or deferred compensation plan in which the
employee participates will control how any unpaid portion of the leave is credited
as service under the plan.
E. For the purposes of this section, if the employee works 10 hours or less during a
30 day period, that period shall be considered a continuous leave of absence.
6.13.4 Return from Extended Leave of Absence
A. Unless otherwise specifically promised in a written agreement with the employee,
the City cannot promise to hold an employee’s position open during such a leave.
An employee wishing to return to work after an extended leave will be placed in the
first vacancy, if any, in the employee’s type of position which becomes available
within 60 days after the intended date of return, provided that the employee is able
to perform all essential functions of the position with or without reasonable
accommodation.
B. The City will consider an employee’s employment with the City to have terminated
if any one of the following circumstances occurs:
1. If the employee does not provide written notice of his/her intent to return within the time
frames set forth in a written agreement;
2. If the employee does not accept reinstatement to the first opening in the employee’s type
of position offered within 60 calendar days after the intended return date;
3. If the employee does not return to work from the leave within 60 calendar days after the
intended return date because the position was not available or for any other reason; or
4. If the employee resigns.
6.13.5 Written Agreement Regarding Extended Leave
If an employee’s request for an extended leave of absence is granted, the employee must
sign a written agreement which sets forth the terms and conditions of the extended leave.
The agreement may contain additional or different terms than this policy. Please contact the
Human Resources Department to obtain the written agreement.
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6.14 Bereavement Leave
A. All City employees may request to take reasonable time off, up to a maximum of
five working days or 40 hours (includes any travel time), whichever is less, in a
calendar year for bereavement leave for the death of an employee’s family member,
as defined in the Sick Leave policy. The amount of bereavement leave available
shall be pro-rated for part-time employees.
B. Requests for bereavement leave must be made to the employee’s supervisor as
soon as the employee knows of the need for the leave, but not later than 15 minutes
after the beginning of the employee’s regular shift, unless earlier notice is required
by department work rules.
C. In the event that an eligible employee exhausts his/her bereavement leave
allocation within a calendar year, the sick leave-eligible employee may request one
additional incident of not more than 40 hours of unused sick leave (pro-rated for
part-time employees) for bereavement leave within the calendar year. Requests for
the use of sick leave as bereavement leave may be granted or denied at the
discretion of the employee’s department head based on the needs of the
department. This sick leave use for bereavement shall not be included in overtime
calculations.
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6.15 Domestic Violence Leave
A. All City employees, regardless of category of employment, may take up to three
working days of unpaid leave in any twelve month period if the employee is a victim
of domestic abuse, stalking, sexual assault, or of any other crime, the underlying
factual basis of which has been found by a court on the record to include an act of
domestic violence (collectively referred to as “domestic violence”). The employee
will only be eligible for this leave if he or she is using it to:
1. Seek a civil restraining order to prevent domestic abuse;
2. Obtain medical care or mental health counseling or both for himself or herself or for his
or her children to address physical or psychological injuries resulting from the domestic
violence;
3. Make his or her home secure from the perpetrator of the act of domestic violence or
seeking new housing to escape the perpetrator; or
4. Seek legal assistance to address issues arising from the act of domestic violence and
attending and preparing for court-related proceedings arising from domestic violence.
B. Except in cases of imminent danger to the health or safety of the employee, an
employee must provide his or her supervisor with advance notice of the need for
the leave as soon as learning of the need. The employee’s supervisor may require
that the employee submit documentation of the need for the leave.
C. Use of domestic violence leave shall be unpaid. An employee must exhaust any
and all accrued vacation leave and personal leave, and any applicable dependent
care leave and sick leave before using domestic violence leave.
D. The City shall maintain the confidentiality of all information related to the employee’s
use of domestic violence leave.
E. This policy shall be interpreted so as to be consistent with the requirements of
section 24-34-402.7, Colorado Revised Statutes. The terms and phrases used in
this policy shall be defined as set forth in that statute.
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6.16 Short Term Disability Leave
This policy is intended to provide eligible employees with income replacement associated
with time off for certain short term disabilities arising from non-occupational illnesses or
injuries. This policy is not applicable to Police Services employees in the Bargaining Unit
who are subject to the collective bargaining agreement.
6.16.1 Eligible Employees
Employees in classified and unclassified management positions are eligible to use short term
disability leave in accordance with this policy. All other employment categories are ineligible
for this leave.
6.16.2 Circumstances When Short Term Disability Leave May Be Used
A. An eligible employee may take available short term disability leave when he or she
is disabled and unable to perform his or her job due to a non-occupational personal
illness, injury, or other medical condition. For purposes of this policy, the term
“disabled” means that the employee is unable to perform one or more of the
essential functions of his or her job with the City and the employee is not on full-
time modified duty pursuant to Section 7.1 of these policies.
B. The fact that an employee is provided with partial day or week modified duty shall
not disqualify an otherwise qualified employee from using partial day or partial week
short term disability.
C. An eligible employee shall not be permitted to use short term disability leave if the
employee is on an unpaid leave of absence for 30 continuous calendar days. For
the purposes of this paragraph, if an employee works 10 hours or less during a 30
day period, that period shall be considered a continuous leave of absence.
6.16.3 Amount and Commencement of Short Term Disability Leave
A. An employee may be eligible for short term disability leave for up to 90 calendar
days per incident, so long as the employee is under the care of a qualified
healthcare provider and disabled as determined by the City’s short term disability
administrator. The first consecutive 14 calendar days of being disabled shall be an
elimination period and shall be unpaid unless the employee is permitted to use
available sick leave, vacation leave, award time, accrued but unused holiday time,
and/or compensatory time. The next 6 weeks of short term disability leave will be
paid by the City at 100% of the employee’s regular pay based on the position’s
designated FTE, excluding commissions, bonuses, overtime pay or any other extra
compensation. The remaining 4 weeks and 6 days will be paid at 75%. An employee
may choose to use any available vacation leave, award time, accrued but unused
holiday time, or compensatory time to increase the short term disability leave from
75% to 100% of the position’s designated FTE.
90 Consecutive Calendar Days (Starts with Disability Date through STD Max)
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14 Day Elimination
Period (2 weeks)
42 Days of STD Pay at
100% (6 weeks)
34 Days of STD Pay
at 75% (4+ weeks)
Not paid by STD
benefit, employee
may use Sick Leave
or request other paid
leaves.
City pays employee
100% of salary, no
supplement needed.
City pays 75% of salary,
employee may use Sick
Leave, request use of other
paid leaves to supplement
the remaining 25% of
salary, or take unpaid.
B. The elimination period of 14 calendar days is the period of time an employee must be
continuously disabled before disability benefits are payable.
C. If an employee returns to work following the use of paid short term disability leave and
subsequently becomes qualified for available short term disability leave again within
two consecutive calendar weeks of returning to work due to the same or related
causes, the employee will not be required to complete a new elimination period.
6.16.4 Notice of Intent to Use Short Term Disability Leave
A. Employees who need to use short term disability leave for a prolonged, scheduled
medical procedure or treatment (such as surgery or childbirth) must notify their
supervisor as soon as learning of the need for such a leave, or about three months
before expecting to give birth. The notice must specify the reason for the leave, the
date it’s expected to begin, and the expected duration.
B. Employees who unexpectedly become seriously ill or require prolonged treatment
or recovery (or someone on behalf of the employee) must call the supervisor as
soon as reasonably possible under the circumstances.
6.16.5 Required Information
A. Employees are responsible for making sure that all of the requested information is
provided promptly, including follow-up information and updates. Short term
disability leave may be denied or terminated, and the employee may be subject to
disciplinary action up to and including termination of employment, for failure to
undergo a medical examination or promptly provide the types of information
described in this policy.
B. Employees who request short term disability leave or who have used short term
disability leave may be required to do the following:
1. Periodically communicate with the supervisor or the City’s short term disability
administrator regarding the anticipated date of return to duty;
2. Provide written verification to the City’s disability administrator of the following from the
physician or other health care provider treating the employee:
a. Date on which the condition commenced;
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b. Nature and extent of illness or injury, but only as is necessary to determine the
employee’s ability to perform the job functions;
c. Probable duration of illness or injury;
d. Confirmation that the employee is unable to perform essential job functions and a
description of the essential job functions that the employee is able to perform along
with any work restrictions;
e. Anticipated date on which the employee may return to work;
f. Release stating that the employee is able to return and perform his or her duties
without endangering the health and safety of himself or herself or others, and
describing restrictions on the employee’s work activities;
3. Undergo a fitness for duty examination by a physician or other health care provider
designated and paid for by the City; obtain a release from a physician or health care
provider confirming that the employee is able to return to work without endangering the
health and safety of himself or herself or others; and/or obtain a detailed description
satisfactory to the City of restrictions on the employee’s work activities.
4. Provide all information necessary to the City’s disability administrator in order to make
an eligibility determination.
6.16.6 Misuse Prohibited
Employees are prohibited from using short term disability leave except under the
circumstances described in this policy. Employees who, in the City’s judgment, misuse short
term disability leave are subject to disciplinary action and short term disability leave
benefits may cease. When there appears to be a possibility that short term disability
leave is being misused, the department or division head or supervisor may:
1. Make further inquiry of the employee about past or ongoing use of the leave time;
2. Require the employee to provide the type of information or submit to medical
examinations as described above; and/or
3. Require the employee to provide written medical verification or be seen by the City’s
designated physician in order to use any further short term disability leave.
6.16.7 Denial or Termination of Short Term Disability Leave
Short Term Disability Leave shall be denied or terminated on the earliest of:
1. Expiration or exhaustion of the leave;
2. Recovery from disability;
3. Termination of employment;
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4. Modification or termination of this policy;
5. Failure of the employee to provide medical records and information deemed necessary
by the City to administer this policy;
6. Failure of the employee to follow the provisions of this policy or to reasonably cooperate
with the City in administering this policy;
7. Failure of the employee to meet the eligibility requirements of this policy; or
8. The employee is approved to receive long term disability benefits.
6.16.8 Limitations and Exclusions
A. An employee shall not be eligible to use short term disability leave during any of the
following periods:
1. Any period the employee is not under the regular and continuing care of a physician
providing appropriate treatment by means of examination and testing in accordance with
the disabling condition;
2. Any period the employee fails to submit to any medical examination requested by the
City or the City’s short term disability administrator;
3. Any period of disability due to the mental illness, unless the employee is under the
continuing care of a licensed mental health care provider; or
4. Any period of disability due to drug and alcohol illness, unless the employee is actively
supervised by a physician or rehabilitation counselor and is receiving continuing
treatment from a rehabilitation center or a designated institution approved by the City.
B. An employee shall not be eligible to use short term disability leave if the employee’s
disability is due to any of the following:
1. War, declared or undeclared, or any act of war;
2. Active participation in a riot, rebellion or insurrection;
3. Committing or attempting to commit an assault, felony or other illegal act;
4. Injury or sickness for which the employee is entitled to benefits under any Workers’
Compensation, Occupational Disease, or similar law;
5. Injury or sickness sustained while doing any act or thing pertaining to any occupation for
wage or profit; or
6. Sickness or injury due to cosmetic or reconstructive surgery, except for such surgery
necessary to correct a deformity caused by sickness or accidental injury.
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6.16.9 Holiday Pay during Short Term Disability Leave
Employees who are eligible for holiday time and who are on short term disability leave during
a designated holiday must record holiday time for that day and not short term disability leave.
6.16.10 Reimbursement/Other Income
A. If the City of Fort Collins pays short term disability income benefits or any other paid
leave benefits for sickness or accidental injury caused in whole or part by the act or
omission of another, an employee who receives such benefits must:
1. Reimburse the City of Fort Collins for the benefits paid if the employee recover damages
for lost income by settlement, court order, judgment or otherwise.
2. Provide the City with a lien and order directing reimbursement for benefits. The lien and
order may be filed, at the City’s discretion with:
a. The person whose act caused the sickness or accidental injury and
b. Such person’s agent; and
c. The court; and
d. The employee’s attorney.
3. Cooperate with the City, including execution, completion, and filing of any document
deemed by the City necessary to protect its reimbursement rights.
B. The City of Fort Collins’ reimbursement rights under this provision will be valid only
if the sick or injured employee is fully compensated for his or her bodily injury.
C. Any proceeds will be proportionately reduced, as required by law, for the attorney
fees and expenses the employee incurs to recover lost earnings from the third party.
D. The City of Fort Collins will have the right to intervene in any suit or other
proceedings to protect its reimbursement rights. Any settlement proceeds received
by the sick or injured employee’s attorney will be held in trust for the City’s benefit.
The City’s rights herein are binding upon and enforceable against the employee’s
legal representatives, heirs, next of kin, and successors in interest.
6.16.11 Subrogation
A. If the City of Fort Collins pays short term disability income benefits for sickness or
accidental injury caused in whole or part by the act or omission of another, the City
will have a right of subrogation against the employee or any third party should the
sick or injured employee receive any damages or payments.
B. Sick or injured employees must do nothing to prejudice the City’s subrogation rights
and must cooperate with the City to protect such rights. This includes:
1. Providing information; and
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2. Signing an agreement documenting the City’s subrogation rights; and
3. Taking other action requested by the City, including execution, completion, and filing of
any document deemed by the City necessary to protect its rights.
C. The City’s subrogation rights under this provision will be valid only if the sick or
injured employee is fully compensated for his or her bodily injury.
D. At the City’s option, action may be taken to preserve its subrogation rights. This
includes:
1. The right to bring any legal action in the employee’s name as allowed by law; and
2. Seeking reimbursement out of any amount from any source recovered by the sick or
injured employee.
E. Any proceeds will be proportionately reduced, as required by law, for the attorney
fees and expenses the employee incurs to recover from the third party.
F. Any settlement proceeds received by the sick or injured employee or his or her
attorney will be held in trust for the City’s benefit. The City will have the right to
intervene in any suit or proceeding to protect its subrogation rights. The City’s rights
herein are binding upon and enforceable against the sick or injured employee’s
legal representatives, heirs, next of kin, and successors in interest.
6.16.12 Continuation of Benefits during Short Term Disability Leave
During short term disability leave under the terms of this policy, all benefits will continue as
though the employee were at work.
6.16.13 Return from Short Term Disability Leave
A. Employees returning from short term disability leave may, at the discretion of the
City, be required to:
1. Obtain a release from their physician or health care provider confirming that the
employee is able to return to work without endangering the health and safety of himself
or herself or others;
2. Obtain a description satisfactory to the City of any restrictions upon the employee’s work
activities; and/or
3. Complete a fitness for duty examination by a physician or other health care provider
designated and paid for by the City.
B. If employees do not return to work on the date expected following short term
disability leave, or decline a comparable position, their employment may terminate.
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6.16.14 Applicability of Family and Medical Leave
Short term disability leave used for purposes of childbirth or serious health condition of the
employee will, in addition to short term disability leave, be counted as leave under the Family
and Medical Leave Act (“FMLA”) if applicable. For additional information, see Personnel
Policy 6.8, Family and Medical Leave.
6.16.15 No Payment upon Separation from Employment
Eligible employees who have available but unused short term disability leave at the time of
separation of employment shall not be paid for such unused leave.
6.16.16 Administration of Policy
A. The City may, in its discretion, use a third party administrator to administer all or
any part of this policy.
B. A request for a review of a decision made by a third party administrator shall initially
be made in writing to the third party administrator within 30 calendar days of the
provision of notice of the decision to the employee. A copy of the request for review
should also be forwarded to the City’s Benefits Administrator. Thereafter, the
employee may appeal in writing the final decision of the third party administrator to
the City’s Benefits Administrator within 30 calendar days of the provision of notice
of the third party administrator’s final decision. The decision of the Benefits
Administrator shall be final.
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6.17 Leave Benefit Year Defined
The term “Leave Benefit Year” means that period beginning on the next day following the
end of the last pay period within a calendar year and ending on the last day of the last period
paid within a calendar year. For example, the last pay period of 2015 that is paid to
employees within 2015 ends on December 20, 2015. Therefore, the Leave Benefit Year for
2016 will begin on December 21, 2015.
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6.18 Time Donations
The time donation policy provides City employees the opportunity to make voluntary,
confidential donations of accrued vacation, compensatory time, or personal leave to other
City employees who (i.) have exhausted all other available paid leaves including, but not
limited to, sick, injury, vacation, compensatory time, emergency leave and personal leave,
but excluding short term disability, (ii.) are not eligible to receive temporary disability Workers’
Compensation benefits, and (iii.) to whom one or more of the following situations apply:
A. To a classified or unclassified management employee who is awaiting the outcome
of a long term disability claim. Time donations allow the recipients to continue on
payroll until the long term disability claim is either approved or denied.
B. To a classified or unclassified management employee who has returned to work
from a STD event, but who still needs temporary intermittent treatment related to
the same STD event. Time donations in this case may continue up to a maximum
of six months.
C. To a classified, or unclassified management employee to care for a dependent
when the employee has exhausted all other available and applicable paid leave,
and dependent care leave, and the employee is needed to provide necessary care
for his or her spouse (whether legally married to a same-sex partner or opposite
sex partner), civil union partner, child or parent suffering from a serious health
condition (as defined in Section 6.8.13 of the Family and Medical Leave policy) up
to a maximum of 12 weeks in a 12-month period.
D. To an hourly employee who has worked at least 520 hours, and who is unable to
perform one or more of the essential functions of his or her job due to a temporary
non-occupational personal illness, injury, or other non-occupational medical
condition. Time donations in this case are limited to a total of 80 hours (pro-rated
on FTE) in any 12 month period. An illness, injury, or other medical condition is
considered temporary only when the employee’s health care provider predicts that
the employee will be able to return to his or her regular position and perform all
essential functions of that position.
6.18.2 Time Donation Requirements
A. City employees may donate only accrued but unused vacation or compensatory
time. There is no limit as to the number of hours that may be donated by an
employee. Any donated but unused hours will be returned to the donor, including
donated hours placed in the recipient’s leave bank but unused. Each hour donated
will be added as an hour to the recipient and paid at the recipient’s regular rate of
pay, even if that rate is different than the donor’s rate of pay. While using donated
vacation and compensatory time, the recipient continues to receive the same
benefits as if using his or her own applicable leave time. Employees receiving or
eligible to receive workers compensation payments are not eligible to receive time
donations.
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6.18.3 Use of Donated Time is Income of the Recipient
The City will consider donated time to be income at the time it is used by the recipient, and
not income of the donor, to the extent allowed by law. Accordingly, the donated time will be
subject to taxes and withholding at the time it is paid to the recipient.
6.18.4 How to Request Time Donations
Requests for time donations must be made in writing by (or on behalf of) the eligible
employee to both the Department Head and the Chief Human Resources Officer who have
the discretion to allow or reject any time donation request. The request may be submitted
any time after the eligible employee has 80 or fewer hours of paid leave time remaining, as
long as it reasonably appears that the employee will exhaust paid leave. Unless otherwise
instructed by the requesting recipient employee, the City will advise employees of the name
and eligibility category of each employee who is eligible to receive a time donation.
6.18.5 How to Make Time Donations
Employees wishing to donate accrued but unused vacation or compensatory time must
submit a request in writing through a time donation form to the Payroll Department. The
City will not disclose to the recipient the name of donor employees, except as required
by law.
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7 Modified Duty and Disability
7.1 Modified Duty
7.1.1 Modified Duty May be Available
A. Eligible employees who are temporarily unable to perform all the essential functions
of their jobs may be assigned to modified duty, where reasonably available at the
discretion of the City. The purpose of modified duty is to allow eligible employees
with temporary disabilities to continue working on a short-term basis until their
condition improves and they are able to return to their regular positions. A disability
is considered to be “temporary” only when the employee establishes through the
credible prediction of a health care provider that the employee will be able to return
to her or his regular position and perform all essential functions of that position (with
or without reasonable accommodations) within twelve months of the date the
temporary disability began.
B. Eligible employees may request modified duty, or the City may require employees
to perform modified duty under certain circumstances. Eligible employees assigned
to modified duty will continue to receive their regular base rate of pay or, if non-
exempt from the Fair Labor Standard Act, pay for hours actually worked.
7.1.2 What is “Modified Duty”
“Modified duty” means that one or more essential functions of the employee’s job are changed
by the City, in its discretion, consistent with the recommendations of the employee’s health
care provider or the City’s designated physician. An employee on modified duty may continue
in the same position but with different or fewer duties or reduced schedule, or may be
assigned to a different position or even a different department or work unit at the City’s
discretion.
7.1.3 Eligible Employees
For temporary disabilities resulting from non-work-related injury or illness, employees in any
job category are eligible for modified duty. Modified duty is not guaranteed to eligible
employees, but is only provided where it is reasonably available at the discretion of the City.
Employees who are permanently disabled from performing the essential functions of their
jobs are ineligible for modified duty. For additional information, see Personnel Policy 7.2,
Prolonged or Permanent Disability.
7.1.4 Limitations on Use of Modified Duty
A. A modified duty assignment is limited to a maximum of twelve months from the date
the temporary disability began.
B. The decision whether to grant or deny a request for modified duty is completely
within the discretion of the City. In addition, in the case of temporary disabilities
resulting from work related injury or illness, the City may, in its discretion, extend a
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modified duty assignment until the employee reaches maximum medical improvement
in the opinion of the City’s designated physician.
7.1.5 Certification Required for Modified Duty
A. Employees may only be assigned to and continued on modified duty based upon
written verification from a health care provider which:
1. Describes the employee’s work restrictions; and
2. States an anticipated date (which must be within twelve months from the date the
disability began) when the employee will be able to perform all essential functions of her
or his regular position with or without reasonable accommodation.
B. The City may require employees to obtain such written verifications from their health
care providers. The City also may require employees to be examined by the City’s
designated physician in order to obtain such verifications, seek clarification or
additional information, confirm the need for modified duty, or provide a second
opinion.
C. It is the employee’s responsibility to ensure that any medical information required
by the City is provided promptly upon request, including follow-up information,
satisfactory clarification and updates. Modified duty may be denied or canceled,
and the employee may be subject to disciplinary action for failure to undergo a
medical examination or provide the types of information described above upon
request.
7.1.6 Termination of Modified Duty
Modified duty will terminate twelve months from the date the temporary disability began or
earlier if the City:
A. Receives notice that, in the opinion of a physician or other health care provider, the
employee’s claimed disability is not “temporary” as defined in this policy;
B. Receives written notice that the employee is able to return to perform the essential
functions of her or his regular job; or
C. Determines in its sole discretion that modified duty tasks are no longer available.
7.1.7 Return to Regular Position Following Modified Duty
A. Although the City is unable to guarantee reinstatement, an employee returning from
modified duty will be placed in her or his former position, if available, or will be
offered the first opening, if any, in a comparable position for which she or he is
qualified and which becomes available within 60 days of the date after the City
receives both:
1. The employee’s request for reinstatement; and
2. Written verification that the employee is able to perform the essential functions of her or
his former position as described above.
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B. Employees returning from modified duty must obtain a release from a physician or
health care provider confirming that the employee is able to return to work without
endangering the health and safety of herself or himself or others, and obtain a
description satisfactory to the City of any accommodations necessary to allow the
employee to perform the essential functions of her or his regular position. In
addition, the City may, at its discretion, require the employee to complete a fitness
for duty examination by a physician or other health care provider designated and
paid for by the City.
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7.2 Prolonged or Permanent Disability
If an employee is disabled from performing any essential function of her or his job on a long
term or permanent basis and is covered by the Americans with Disabilities Act (ADA), the
City will make reasonable accommodations to allow the employee to perform the essential
functions of the job, as long as such accommodations do not pose an undue hardship to the
City or a direct threat to the employee or others. If the employee’s condition is not covered
by the Americans with Disabilities Act or other applicable laws, the City may, in its sole
discretion, make such reasonable accommodations, but is not required to do so. With
guidance from the Human Resources Department, managers will use the interactive process
to determine whether or not reasonable accommodation is required and if so, what type.
7.2.1 What is a Disability under the ADA?
A. Under the ADA, a disability is a prolonged or permanent physical or mental
impairment which substantially limits one or more of the employee’s major life
activities or the operation of a major bodily function. Major life activities include, but
are not limited to, caring for oneself, performing manual tasks, walking, learning,
seeing, hearing, eating, sleeping, standing, lifting, bending, speaking, reading,
concentrating, thinking, communicating, breathing and working. Major bodily
functions include, but are not limited to, functions of the immune system, normal
cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory,
endocrine, and reproductive functions. Employees protected by the ADA include
not only those who are actually disabled, but also those who have a record of a
disability and those who are regarded as having a non-transitory major impairment.
B. Specific questions about whether or not a particular condition or situation qualifies
as a disability under the ADA should be directed to the Human Resources
Department or City Attorney’s Office.
7.2.2 Reasonable Accommodation
If an employee has a disability protected by the law, the City will make reasonable
accommodations to allow the employee to continue to perform the essential functions of her
or his position, as long as the accommodations do not present an undue hardship to the City
and the employee does not constitute a direct threat to him/herself or others. Eliminating an
essential function of a position or relieving the employee of the responsibility for an essential
function is not required as reasonable accommodations. A few examples of what may
constitute reasonable accommodations include:
1. Making existing facilities readily accessible to and usable by the employee;
2. Acquiring or modifying equipment or devices; and
3. Adjusting the work schedule.
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7.2.3 Medical Verification and Recommendations
A. Accommodations are based upon information provided by the employee’s and the
City’s physician or other healthcare providers. The City may require employees
seeking accommodations to provide verification from a physician or other health
care provider which contains the following:
1. Confirmation that the employee has a physical or mental impairment that substantially
limits one or more of her or his major life activities/major bodily functions (such as seeing,
hearing, speaking, walking or working), and the basis for the physician’s opinion;
2. Specific recommendations of reasonable accommodations the City might possibly make
so that the employee could perform the essential functions of her or his job without
endangering her or his own or others’ health or safety.
B. The City may request clarification or additional information from the employee’s
physician or other health care provider. The City may require employees to be
examined by the City’s designated physician in order to obtain the above
information, seek clarification or additional information, or provide a second opinion.
The City also may require employees to work with an occupational therapist or
vocational advisor to evaluate possible accommodations. Furthermore, the City
may require the employee to provide a written list specifying all reasonable
accommodations she or he requests.
C. It is the employee’s responsibility to ensure that any medical information required
by the City is provided promptly upon request, including follow-up information,
satisfactory clarifications and updates. Employees may be subject to disciplinary
action for failure to undergo medical examinations or provide the types of
information described above upon request.
7.2.4 Situations When Accommodations are not Effective
A. Although the City, with the guidance of the Human Resources Department, will
evaluate and attempt reasonable accommodations where appropriate, situations
may arise where employees are unable to perform the essential functions of their
position with or without reasonable accommodations. Such employees, like all other
City employees, are welcome to apply for any open positions within the City, but
the City does not guarantee transfers, promotions or demotions to new positions
for any employee unless required by law. The City will, however, attempt
reasonable accommodations when such employees apply for open positions. For
additional information, see Personnel Policy 3.6, Promotions, Transfers, Demotions
and Reinstatement.
B. If such employees do not apply for open positions, or are not selected for open
positions, their employment with the City may terminate. In addition, such
employees may apply for long-term disability insurance coverage.
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7.3 Accommodations for Conditions Related to Pregnancy or
Childbirth
A. If an employee is pregnant or has a health condition related to pregnancy or the
physical recovery from childbirth, the City will make reasonable accommodations
to allow such employee to perform the essential functions of the job if the employee
requests reasonable accommodation(s), unless the accommodation would impose
an undue hardship to the City.
B. Accommodations are based upon information provided by a licensed health care
provider to the City at the request of the employee seeking reasonable
accommodation. If an employee makes a request for a reasonable accommodation
under these circumstances, the employee’s supervisor must consult with the
assigned Human Resources Partner or the City’s Chief Human Resources Officer.
C. Retaliation or adverse action against an employee who requests or uses a
reasonable accommodation related to the employee’s pregnancy, physical
recovery from childbirth or a related condition will not be tolerated. Retaliation or
adverse action in violation of this policy must be reported in the same manner as
described in Personnel Policy 8.2.C, Harassment Prohibited.
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8 Conduct
8.1 Conduct and Performance
A. Government service is a public trust imposing responsibilities to conserve public
resources, funds and materials. In accordance with that principle, employees may
only use City property, equipment or materials for their intended City purpose.
Moreover, in accordance with that principle, employees are expected to perform
their jobs satisfactorily, refrain from engaging in misconduct and act in the City’s
best interest.
B. Although it is impossible to predict every possible type of employee misconduct,
the following are some of the types of conduct which could lead to disciplinary action
up to and including termination of employment:
1. Theft or misuse of City money or property;
2. Commission or conviction of a felony or of any crime involving moral turpitude;
3. Violation of any departmental or City rule, regulation, policy or procedure;
4. Harassment of any individual based on race, religion, national origin, citizenship status,
age, sex, sexual orientation or disability;
5. Unlawful discrimination or discrimination that violates city policy against any individual
based on race, religion, national origin, age, sex, sexual orientation or disability;
a. Inquiries and decisions related to an individual’s citizenship status must be
conducted in accordance with state or federal law, including but not limited to CRS
24-76.5-103, which requires the City to verify the lawful presence of any individual
over the age of 18 that applies for public benefits, including employment, and CRS
8-17.5-102 that prohibits the City from entering into public contracts for services
with a contractor who knowingly employs or contracts with undocumented
immigrants.
6. Falsification, unauthorized use or destruction of City records, reports or other data or
information belonging to the City;
7. Abusive or threatening treatment of any person, including, but not limited to physical or
verbal confrontation;
8. Insubordination or refusal to comply with directives or assignments;
9. Except to the limited extent alcohol possession and distribution is permitted as descried
in Policy 8.11.A, using, consuming, possessing, having in the body, or distributing
alcohol or controlled substances during working time or while operating a City vehicle;
10. Incompetence, inattention to duties or wastefulness while on the job;
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11. Failure to meet performance expectations of job or not performing duties or functions
assigned;
12. Acceptance of gifts or gratuities from persons doing business with the City that exceed
prescribed limits;
13. Engaging in personal business while on the job or engaging in outside employment
which interferes with City job performance;
14. Repeated tardiness, absenteeism, abuse of leave;
15. Job Abandonment (unreported absences of three days or more);
16. Failure to properly use safety equipment, clothing or equipment or failure to follow
established safety procedures;
17. Destruction, loss or abuse of City property;
18. Unauthorized use of City vehicles, equipment or property for personal use;
19. Possessing or maintaining sexually explicit materials on City property or in a City vehicle
without a valid, work-related purpose. Sexually explicit materials shall mean any
pictures, drawings, electronic reproductions, or other visual reproductions depicting the
genitals, depicting sexual acts, or depicting an image which could reasonably be
construed as conveying a sexually erotic theme.
C. Employees may be disciplined or terminated for conduct different from or in addition
to the types of misconduct discussed above. Employees may be disciplined or
terminated for off-duty conduct when the conduct is in violation of the law or when
the conduct is, or is likely to be, unduly disruptive to the interests of the City, which
interests include but are not limited to, the efficient and effective operation of the
City, the orderly work environment of the City, the working relationships within the
City organization, or the public trust. Except for employees in classified positions
who have completed their introductory period, all employees may be terminated at
will with or without cause or notice at any time.
D. Off-duty employee participation in public discourse.
1. With the increased use of social media has come the need to make sure that employees
understand how off-duty speech-related conduct can affect the City organization and the
employee’s employment. A City employee maintains an ability to participate off-duty as
a citizen in public discussions regarding matters of public concern providing:
a. The employee’s speech does not reveal confidential City information;
b. The employee does not represent, either expressly or by implication, that his or her
speech is that of, or on behalf of, the City unless the employee has been authorized
by the City Manager to do so; and
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c. The interests of the City in preventing the disruption of City functions and ensuring
effective employee performance do not outweigh the employee’s interest as a
citizen in commenting upon matters of public concern.
2. Balancing the interests of the City with the interests of the employee as a citizen to
determine which interest prevails is not always simple and many factors may enter into
the equation, such as:
a. The effect, or likely effect, of the speech upon the attainment of City goals, policies,
or operations;
b. The impact, or likely impact, upon discipline and harmony among co-workers;
c. The impact, or likely impact, on close working relationships for which personal
loyalty and confidence are necessary;
d. The effect, or likely effect, on performance of the employee’s duties;
e. The time, place, and manner of the employee’s speech; and
f. The level of the employee’s duties within the City organization and the extent to
which the employee is responsible for implementing City policies.
3. An employee should consider these issues and factors when speaking as a citizen
regarding matters that could affect City services, policies, and operations, and the
employee may wish to confer with his or her supervisor about the advisability of doing
so. Such speech may occur at various venues, including but not limited to, at meetings,
in the press, in the public media, or at social networking internet sites. Also, an employee
should be aware that providing the employee’s City email address may inappropriately
imply that the employee is speaking on behalf of the City.
E. Any questions about performance expectations should be directed to each
employee’s supervisor. Questions about employment policies or misconduct that
could lead to discipline or termination of employment should be directed to the
Human Resources Department.
F. Managers, supervisors, and the Chief Human Resources Officer shall confidentially
report the following types of alleged employee or vendor misconduct through their
chain of command to the City Manager as soon as reasonably practical after they
become aware of the alleged misconduct:
1. Sexual harassment;
2. Drug/alcohol use that is contrary to City policy;
3. Commission of a felony, misdemeanor (other than traffic violations) or other crime of
moral turpitude, including theft; or
4. Misuse or theft of City money, property, resources or confidential information.
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G. Managers and supervisors shall consult with the Chief Human Resources Officer
and Police Services, and seek guidance from their chain of command in considering
whether or not suspected criminal conduct by an employee or vendor should be
formally reported to Police Services for investigation. The consultation and
guidance should be obtained as soon as reasonably practical after learning of the
suspected criminal conduct. In emergency situations, managers should directly
contact Police Services. Representatives from Police Services, the Service Area,
the City Manager’s Office, the Human Resources Department, and the City
Attorney’s Office shall consult regarding any prosecution issues as they arise.
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8.2 Harassment Prohibited
A. The City is committed to providing a work environment where all individuals are
treated with dignity and respect. In addition to prohibiting unlawful discrimination
and harassment as defined in the City’s Equal Employment Opportunity Policy 1.2,
employees are expected to conduct themselves and treat others in a respectful
manner at all times. Specifically:
1. Harassment is strictly prohibited. In general, harassment is any verbal or physical
conduct that denigrates or shows aversion toward an individual and that:
a. Has the purpose or effect of creating an intimidating, hostile or offensive work
environment.
b. Has the purpose or effect of unreasonably interfering with an individual’s work
performance.
c. Otherwise unreasonably affects an individual’s employment.
2. Unlawful sexual harassment is strictly prohibited. Unlawful sexual harassment has been
defined by government regulation as any unwelcome sexual advances, request for
sexual favors, or other verbal or physical conduct of a sexual nature when:
a. Submission to such conduct is made explicitly or implicitly a term or condition of
employment; or
b. Submission to or rejection of such conduct is used as the basis for decisions
affecting such individual’s employment; or
c. Such conduct has the purpose or effect of substantially interfering with the
individual’s work performance or creating an intimidating, hostile, or offensive work
environment.
3. Inappropriate sexual conduct beyond that defined by government regulations is also
strictly prohibited. Inappropriate sexual conduct which may violate this policy includes,
but is not limited to, sexually implicit or explicit communications whether:
a. Verbal, such as comments, jokes, foul or obscene language, offensive advances,
gossiping or conversations about any individual’s sex life, or repeated unwanted
requests for non-work related social interaction.
b. Unwanted physical contact, such as kissing, hugging, massaging, tickling or any
other form of inappropriate touching. Inappropriate touching includes touching any
private area of the body, even once.
c. Physical gestures or other non-verbal gestures, such as looking at another person’s
body in a scrutinizing and sexually suggestive manner.
d. Electronic such as email, pornographic downloads, pictures or text messages.
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e. Environmental such as music, pinups, calendars, cartoons, drawings, catalogs and
other print media.
4. Retaliation against a person who engages in protected activity is strictly prohibited.
Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
B. Harassing conduct includes, but is not limited to: epithets, slurs, or negative
stereotyping; threatening, intimidating or hostile acts; and written or graphic
material that denigrates or shows hostility or aversion toward an individual or group
and that is placed on walls or elsewhere on City premises or circulated in the
workplace. Any individual found to have engaged in sexual or any other form of
harassment will be disciplined as appropriate, up to and including termination.
C. Any employee, who believes she or he has been harassed in violation of this policy by
a co-worker, supervisor or agent of the City, or by anyone while working, should
promptly report the facts and the names of the individuals involved to her or his
supervisor or, in the alternative, to the Chief Human Resources Officer. An
employee may also file a complaint via the City’s online ethics hotline system and
appropriate action to investigate and resolve the complaint will be taken. During
non-business hours, if the employee is unable to reach his or her supervisor, or if it is
inappropriate for the employee to contact his or her supervisor, the employee may
contact any other supervisor or manager in the employee’s department to report
the incident and/or to obtain immediate emergency action. Any employee who
observes harassment is also encouraged to report the incident promptly.
D. Supervisors must immediately report to the Chief Human Resources Officer all
complaints, observed incidents or suspected incidents of harassment in violation of
this policy. The Human Resources Department will promptly investigate all reports
and complaints of harassment as confidentially as possible and recommend
appropriate action. Police Services may investigate sexual harassment complaints
filed in the police department through established internal investigation
procedures after consulting with Human Resources staff.
E. A prompt and thorough investigation of the alleged incident will be conducted to the
extent possible, and appropriate action will be taken. To the extent consistent with
adequate investigation and appropriate corrective action, and to the extent
permitted by law, any complaint of harassment will be treated as confidential.
F. The City will not in any way retaliate against an employee, potential employee or
former employee who, in good faith, makes a complaint or report of harassment, or
participates in the investigation of such a complaint or report. Retaliation against
any individual for reporting a claim of harassment or cooperating in the investigation
of such a complaint will not be tolerated.
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8.3 Threats and Violence Prohibited
A. The City is committed to providing a work environment that is free of violence
against persons and property, and threats of violence. In furtherance of that goal,
the City maintains a strict policy prohibiting violent acts and threats to commit such
acts. This includes, but is not limited to, physical abuse, threats to inflict violence
on a person or property, direct or veiled threats, threatening remarks, threatening
behaviors, vandalism, arson, sabotage, and (except for police officers) the use of
weapons or carrying of weapons to work sites. Employees may carry personal
defense spray commercially manufactured, sold at retail and purchased for
personal defense use to and from work sites in or on their personal effects.
Employees must store such personal defense spray in or on their personal effects
while at work sites unless the spray is in use for personal defense purposes. City
employees will ensure that the prohibitions in this subsection are made applicable
to all City volunteers.
B. Any employee who observes or hears of violent or threatening behavior associated
with the workplace or a City employee should promptly report the incident to the
supervisor or, alternatively, to the Chief Human Resources Officer. Supervisors
who receive complaints regarding threats or violence in violation of this policy, or
who observe or suspect such threats or violence, should immediately report the
incident(s) to the Chief Human Resources Officer.
C. Employees should call 911 or directly contact law enforcement if they believe there
is an imminent threat to the safety or health of any employee or property. Any
employee who contacts law enforcement must also inform the supervisor of the
incident and the fact that law enforcement was called as soon as possible under
the circumstances.
D. The Human Resources Department will promptly investigate all reports and
complaints of threats or violence as confidentially as possible and recommend
appropriate action. The City may, at its discretion, initiate the involvement of law
enforcement personnel when appropriate. The City prohibits retaliation in any
manner against anyone making a complaint of threats or violence in violation of this
policy.
E. Any questions concerning this policy should be directed to the Human Resources
Department.
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8.4 Computer Security and Acceptable Use
8.4.1 Security Must be Maintained
A. City staff has a responsibility to protect City information and equipment, including
technology equipment, from unauthorized use. Unauthorized use can include use
by staff members who do not have a business need to access the equipment or
information, as well as outside hacking efforts. 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 computer
screens, locking their offices and maintaining confidentiality of identification codes
and passwords. Maintaining confidentiality of identification codes and passwords
includes employees taking precautions not to reveal codes or passwords to
coworkers, unless otherwise directed by a supervisor. Employees must also follow
generally accepted password guidelines, as required by the system administrator).
Please contact the Information Technology Department for more information about
password security.
B. 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, applications or apps,
hardware components (such as additional monitors, modems, compact disc
players, etc.) or other equipment on City computers unless:
1. The employee has worked with the Information Technology Department to arrange for
installation of the software, application/app or shareware on the City computers;
2. The software, application/app or shareware has been examined for viruses and other
issues concerning compatibility with the City’s computer equipment and systems and
approved by the Information Technology Department; and
3. The hardware components or other equipment has been approved by the Information
Technology Department.
4. If an employee has reason to believe his or her computer is infected with a virus, the
employee must immediately notify the Information Technology Department in order to
minimize potential harm caused by a virus.
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. Essential applications include but are not limited to
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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 to use those systems and the systems are being accessed solely for
work-related purposes.
E. In addition, shareware may not be used in conjunction with the City’s enterprise
computer applications or any other system containing vital information.
F. Employees using mobile devices to access City systems and information must
participate in and comply with the City’s Mobile Device Management Policy and
procedures.
G. Employees shall conform to the City software, licensing, and security standards as
adopted by the City Manager and maintained by the Information Technology
Department.
8.4.2 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.
B. 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.
8.4.3 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.
B. All software and other intellectual property and inventions created with City
computers or other equipment, or created during working time, are City property.
Please refer to the policy on “Inventions and Copyrights” in these City of Fort Collins
Personnel Policies and Procedures.
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8.4.4 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 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 Chief Human Resources Officer, 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 Information Technology Department. Violations of this policy should be reported to the
employee’s supervisor, Human Resources Department or Information Technology
Department.
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8.5 Personal Use of Equipment, Supplies, and Internet Access
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
8.5.1 Personal Use of Telephones, Fax Machines, Wireless Devices and Cellular
Phones
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.
B. The City recognizes that wireless devices and cellular devices are important
business tools that contribute to the effectiveness and efficiency of City employees.
Employees may use City provided phones and employee-owned devices 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.
C. 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).
D. 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.
E. 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.
F. 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.
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G. This policy is not applicable to the phone use of the City Manager, City Attorney,
Chief Judge or Municipal Judge which is governed by policy set by City Council.
H. 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 (Email)
A. The City’s email system and the distribution list capability of the system are
intended for the transaction of City business. Personal use of the City’s email
system is limited to those situations described in this policy.
B. An employee may make personal use of the City’s email system for advertisements
and solicitations only through the use of a Service Area or Service Unit Director-
approved email 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 emails 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 email system
to respond to advertisements and solicitations from the approved email distribution
list or from the Bargain Box.
C. An employee may make occasional personal use of the City’s email system
providing the use does not involve any kind of advertisement or solicitation.
D. Because an employee’s personal use of the City’s email system, as permitted in
this policy, and the posting of notices on the Bargain Box bulletin board can have a
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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:
1. The communication shall not promote illegal activities or transactions.
2. The communication shall not be misleading, deceptive, or constitute a public nuisance.
3. The communication shall not encourage or constitute prohibited discriminatory or
harassing conduct.
4. The communication shall not constitute prohibited political activities as described in
these City of Fort Collins Personnel Policies and Procedures (Section 8.13).
5. The communication shall not be disrespectful, insubordinate, or demeaning to City
employees, City officials, or members of the public.
6. The communication shall not be excessive, disruptive, or otherwise in violation of the
public trust.
7. The communication shall not promote or encourage sexual or violent activities or
practices; and shall not contain pornographic, obscene, or sexually explicit materials.
8. The communication shall not contain any information that is considered to be confidential
to the City.
E. Employees should not have an expectation of personal privacy in the materials sent
or received on City computers, including personal email. All information sent or
received on City computers, including personal email, 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.
F. Supervisors may restrict or prohibit an employee’s personal use of the City’s email if, in
the supervisor’s judgment, an employee’s use is contrary to the provisions of this
policy.
8.5.4 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, writing a paper for a course, or spreadsheet application use, or
to make personal use of the City’s internet connection to conduct research, access internet
sites, or participate in social networking internet sites. During non-working time, employees
may use City computers and the City’s internet access for those purposes on a limited basis
in accordance with all of the following requirements:
1. Employees may not install personal software, hardware or other equipment on City
computers;
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2. Generally, the City’s computers and internet access 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:
a. No family member shall be allowed to access any confidential information
maintained on the computer;
b. Family members must understand that they have no expectation of personal
privacy in personal work stored on City equipment;
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;
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;
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;
f. All software installed on a City computer must be properly licensed and evidence
of such licensing must be available for inspection by the City at any time, upon
reasonable notice to the employee. Similarly, any software provided by the City
shall maintain proper and current licenses, and a record of the distribution of those
licenses shall be maintained with the service area;
g. All City computers and/or hardware and/or software must be immediately
returned to the City upon termination of employment;
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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;
i. The provision prohibiting the installation of personal software, hardware or other
equipment; and
ii. The provision requiring all personal work to be stored on separate, personal
disks;
i. Employees installing the City computers in their residences may, in the discretion
of the City Manager or Service Area Director, also be subject to the provisions of
these policies relating to teleworking.
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 email distribution
list or on the Bargain Box as permitted in Section 8.5.3);
4. Personal use of City computers and the City’s internet access must be during non-
working time.
5. Employees must use their own paper and other related supplies, and must “save” their
work on personal storage devices, and not the network or “c:/” drive;
6. When using the City’s internet access for personal use, employees must not identify
themselves as City employees or otherwise state or imply that they are speaking on
behalf of the City unless authorized by the City to do so. An employee should be aware
that providing the employee’s City email address may inappropriately imply that the
employee is speaking on behalf of the City.
7. City computers and the City’s internet access may not be used in any way that is
unlawful, discriminatory or harassing to others. Because the City computers 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, write, access, or obtain pornographic, obscene, or sexually explicit
materials;
8. 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;
9. The personal use of City computers, and the City’s internet access, in the discretion of
the supervisor, may not be excessive, disruptive or otherwise a violation of the public
trust;
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10. Employees should not have an expectation of personal privacy in any computer or
internet 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, internet access
connection, 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 Spaces
A. 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.
B. 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.
C. Inspections 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.
D. The City is not responsible for any personal articles that are placed or left in any
such work or storage spaces that are lost, damaged, stolen or destroyed.
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8.6 Conflict of Interest, Gifts, Stipends, Donations, Outside
Employment, Found Property, and Special Treatment
Each employee of the City is responsible for conserving public resources, funds and
materials. Employees must uphold the public trust, and their conduct must be compatible
with the best interests of the City.
8.6.1 Financial and Personal Conflicts of Interest and Special Treatment are
Prohibited
A. Except as otherwise provided in this Section 8.6, no employee may use her or his
position with the City for private gain or to give preferential treatment to any person
or entity. Employees must maintain impartiality at all times when conducting City
business. Employees must abide by all rules of conduct concerning conflict of
interest as stated in the City Charter, including but not limited to the following
provisions:
1. If an employee exercises any decision-making authority concerning a sale to the City of
goods or services, or has any supervisory authority over services to be provided to the
City under a contract for services, then neither that employee nor his or her relative may
have a financial interest in that sale to, or contract with, the City;
2. No employee shall, directly or indirectly, purchase any real or personal property from the
City, except such property as is offered for sale at an established price, and not by bid
or auction, on the same terms and conditions as to all members of the general public;
3. No employee shall attempt to influence or participate in any official capacity in any
decision of a public body to which (s)he makes recommendations when the employee
or his/her relative has a financial or personal interest in the decision. In addition to
refraining from participation, the employee shall disclose his/her interest in writing as
prescribed by the City Charter, Article IV, Section 9(b)(4);
4. No employee shall request on his or her own behalf, or for or through a relative or related
entity, from any other City officer or employee any consideration, treatment or advantage
that is substantially different from that available to other persons in the same
circumstances regarding the interpretation, administration or enforcement of the Charter,
Code, any City regulation, policy or program or in the provision of public services;
5. No employee shall grant to any other City officer or employee, such officer or employee’s
relative or related entity any consideration, treatment or advantage that is substantially
different from that available to other persons in the same circumstances regarding the
interpretation, administration or enforcement of the Charter, Code, any City regulation,
policy or program or in the provision of public services;
6. Any employee who receives a request from a City officer, a City officer’s relative or
related entity to grant to such City officer, City officer’s relative or City officer’s related
entity any consideration, treatment or advantage in the interpretation, administration or
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enforcement of the Charter, Code any City regulation, policy or program or in the
provision of public services that is substantially different from that available to other
persons in the same circumstances or having the same need must report such request
to the employee’s supervisor and chain of command as described in the City’s
Administrative Policies.
B. The definitions of “financial interest,” “employee,” “personal interest,” “public body”
and “relative” as well as a description of the criminal penalties which may be
assessed for violating this provision of the City Charter are found in the City Charter
at Article IV, Section 9. The City Charter requires employees to file written conflict
of interest statements under certain circumstances. Any questions about such
provisions or reports of possible conflicts of interest should be directed to the
Human Resources Department or City Attorney’s Office for assistance.
C. The definition of “related entity” is found in the City Code at Section 2-568(a)
definitions. A description of the penalties which may be assessed for violating this
provision of the City Code are found in the City Code at Section 1-15. A “City officer”
is any person holding a position by election or appointment, including any member
of any board, committee or commission of the City who is acting in the service of
the City.
D. When an employee is given a gift by the City, it is the responsibility of the supervisor
authorizing the gift to report the gift and its monetary value to the Finance
Department so that a determination can be made as to whether or not the City
considers the gift to be taxable to the employee and therefore reportable to the IRS
by the City.
8.6.2 Release of Confidential Information is Prohibited
A. No employee may knowingly use information received in confidence as an
employee to advance the financial or personal interests of the employee or others.
Nor may confidential information be disclosed when its disclosure might injure the
financial interests of the City. If an employee has an outside interest which could be
affected by any City plan or activity, the circumstances must be reported
immediately to the employee’s supervisor.
B. No employee may knowingly disclose any confidential information to any person
who is not an officer or employee or to an officer or employee whose official duties
are unrelated to the subject matter of the confidential information or to maintaining
an official record of such information on behalf of the City, unless such disclosure
is reasonably necessary to protect the City from the gross mismanagement of
public funds, the abuse of governmental authority, or illegal or unethical practices.
C. No employee may knowingly disclose any confidential information given in
confidence to the City Council to any person to whom such information was not
originally distributed by City staff unless and until the City Council has, by majority
vote, consented to its release, unless such disclosure is reasonably necessary to
protect the City from the gross mismanagement of public funds, the abuse of
governmental authority or illegal unethical practices.
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D. No employee may knowingly disclose any confidential information discussed in an
executive session to any person who was not present during such discussion, other
than members of such body who were unable to attend the executive session,
without the prior knowledge and consent of the body holding such executive
session, unless such disclosure is reasonably necessary to protect the City from
the gross mismanagement of public funds, the abuse of governmental authority or
illegal or unethical practices.
E. The provisions of subsections C and D, above, notwithstanding, the City Manager
and the City Attorney may further distribute confidential information provided to City
Council and may disclose confidential information discussed in any executive
session to such staff members as they may consider reasonably necessary to
enable them to fully advise the City Council or to implement any direction given by
the City Council or to advise other officers and employees of the City whose official
duties are related to the subject matter of the confidential information or to
maintaining a record of the information on behalf of the City.
F. The term confidential information means information which is submitted to or
generated by the City for its use in the exercise of functions required or authorized
by law which is not or cannot be made available to the general public. It includes,
but is not limited to: confidential personnel records; confidential commercial,
financial and geological information; all non-public information exchanged or
discussed in any properly convened executive session; and attorney-client
communications.
G. Each employee is responsible for ensuring that any information released to any
member of the general public may legally be provided to the public. If there is any
uncertainty regarding what information is open to the public and what information
is confidential (and not open to the public), please contact the supervisor and the
City Attorney’s Office for assistance.
H. As prohibited by City Code Section 2-568(c)(1)(f), an employee who has filed a
written statement identifying a conflict of interest under the City Charter may not
knowingly elicit, accept or inspect any confidential information pertaining to the
subject matter of such conflict of interest, nor may the employee attend or
participate in an executive session pertaining to the confidential subject matter.
8.6.3 Acceptance of Gratuities and Gifts is Generally Prohibited
A. No City employee may accept any gift, gratuity, favor, entertainment, loan, or any
other consideration or item of monetary value which, in the judgment of a
reasonably prudent person, would tend to impair or give the appearance of
impairing the employee’s independence of judgment in the performance of her or
his duties.
B. City employees may:
1. Accept gratuities in the form of perishable, nonpermanent or promotional items that are
insignificant in value, possibly including meals, lodging, travel expenses or tickets to
sporting, recreational, and educational or cultural events.
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2. Purchase goods or services at a price that has been discounted for City employees
when:
a. Such discount has also been offered to a significant range of other recipients
besides City employees, and the employee is not actively engaged in negotiations
or enforcement action with the offeror; or
b. Such discount has been approved by City management as having a substantial
benefit to the City, and the City is a co-sponsor of the discount.
C. Further information is found in Section 2-568 of the City Code. Any questions should
be directed to the Human Resources Department or City Attorney’s Office.
8.6.4 Honoraria and Stipends Generally Prohibited
No employee may accept payment for speeches, debates or other public events in
connection with her or his City position. In addition, an employee who is authorized to provide
a service or assistance to another public or private organization in connection with her or his
City position and receives an honorarium or a stipend must pay the amount received to the
City. If, however, the employee’s services are provided pursuant to an outside business
activity (see below) and the employee is not acting as a representative of the City or on City
time, the employee may retain the payment.
8.6.5 Outside Employment, Consulting, Business Activity
A. When Permitted:
Employee are generally permitted to engage in other outside work provided that outside
business activity is disclosed, is evaluated to determine if there is a conflict of interest,
and is conducted off City premises, during nonworking hours, using no City resources.
In order to evaluate and mitigate the potential for conflict of interest, classified,
unclassified management contractual, and full time hourly position employees who
hold a second job, engage in outside consulting work, become self-employed in an
outside business activity, off City premises during non-working hours (collectively
referred to in this policy as “outside work”) regardless of whether income is actually
generated must disclose the outside work to the City at the point of offer or as soon
as the outside work is obtained.
B. When Restricted:
The City may, in its sole discretion, prohibit or restrict an employee from engaging
in outside work based upon the following criteria:
1. The prohibition or restriction is necessary to avoid a conflict of interest with any of the
employee’s responsibilities to the City; or
2. The prohibition or restriction is necessary to avoid the appearance of a conflict of interest
with any of the employee’s responsibilities to the City; or
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3. The requested activity is inconsistent with or detrimental to a bona fide occupational
requirement; or
4. The prohibition or restriction is reasonably and rationally related to the City job activities
and responsibilities of the particular employee or a particular group of employees, rather
than to all employees of the City.
C. Request Procedure:
1. To disclose outside work, an employee must complete the online Outside Work
Disclosure/Update form and submit it for review to his or her supervisor. It must describe
the outside work in complete detail, including but not limited to the name of the
prospective employer, nature of the business, job title, duties, beginning and ending
dates of employment, and hours of work. Additional information may be requested at
any time regarding the request for outside work.
2. The supervisor shall forward the Outside Work Disclosure form through his or her chain
of command to the Department Head with an explanation of the steps needed to mitigate
potential conflicts of interest.
3. The Service Unit/Service Area Director shall approve or deny the outside employment
based on the above criteria unless either of the following factors is present:
a. The nature of the outside work is similar to work being done by the employee in
his/her City employment.
b. The nature of the outside work concerns a topic or issue that may come before the
City Council during the time the employee is engaged in the outside work.
c. In that case, the Service Unit/Service Area Director shall forward the disclosure
form and his/her recommendation to the City Manager for consideration of
approval.
4. The disclosure form, whether approved or denied, will be retained by the Human
Resources Department as part of the employee’s record.
D. Written Updates Required:
Employees who engage in outside work must update their supervisors via the
online Outside Work Disclosure/Update form each time there is a change in employer,
nature of the business, job title, duties, beginning and ending dates of outside work,
hours of work, and actual end date of work. The update will be re-evaluated by the
chain of command in the same manner as an initial request.
E. Approval May be Withdrawn or Modified:
Under no circumstances should any employee expect that an approval of outside
work is permanent. Any such approval may be withdrawn entirely, restrictions may
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be imposed, and/or additional information may be required at any time at the sole
discretion of the City, even after the employee commences the outside work.
F. The City is not responsible for injuries or illnesses incurred by employees outside the
course and scope of their employment with the City except as provided by the City’s
medical insurance plans.
G. Employee’s Additional Obligation to Notify:
An employee must as soon as reasonably practical notify his/her supervisor and
Department Head via the on- line Outside Work Disclosure/Update form any time
he/she becomes involved in any City work or project that involves an outside work
employer that the employee has worked for in the past 12 months. The notification
shall include a description of the work performed for the outside work employer, the
date last employed by the outside employer, and any other information requested by
the employee’s supervisor or Department Head. The Department Head will forward
this information through his/her chain of command to the City Manager.
H. City Employees as Independent Contractors to the City:
City employees desiring to also act as independent contractors to the City must also
comply with Section 5.6 of these policies.
8.6.6 Found Property
A. A City employee who, while on-duty, finds or takes possession of what he or she
reasonably believes to be lost or abandoned property of some value must report
the find and, if practical and safe to do so, give the property to his or her supervisor,
Police Services, or the City’s Purchasing Agent for disposition pursuant to the
provisions of sections 23-126 through 23-130 of the City Code regarding the
disposition of property, or pursuant to applicable state law.
B. When an on-duty employee finds or takes possession of property pursuant to this
subsection, the employee shall be considered to be acting on behalf of the City, the
employee will acquire no personal rights to the property, and the employee will not
be eligible to receive the property in the event it remains unclaimed.
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8.7 Dress and Appearance
A. In the interests of presenting a professional image to the public, employees are
required to use good judgment in determining their dress and appearance,
especially employees who have contact with the public.
B. In addition, some employees are required to wear uniforms or other identification
so that they are readily identifiable as City employees. Uniforms furnished by the
City are not intended for use except during working time and are not a substitute
for personal attire. These uniforms should not be worn on personal time without the
approval of the employee’s supervisor. In addition, such uniforms must be returned
to the City upon termination of employment.
C. Employees who are dressed inappropriately or whose appearance is otherwise
questionable, in the judgment of the supervisor, may be sent home and directed to
return to work in proper attire. Such employees will not be compensated for the time
away from work. In addition, employees whose dress or appearance is
inappropriate may be subject to disciplinary action.
D. Individual departments and divisions may establish their own specific dress
standards consistent with this policy to meet their special needs.
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8.8 Restrictions and Solicitations
In order to avoid disruption of City operations, the following rules apply to solicitation and
distribution of literature, products and services on City property. These rules are not
applicable to an employee’s personal use of the City’s Bargain Box electronic bulletin board
or other pre-approved email distribution list in accordance with Section 8.5.3 of these
policies.
8.8.1 City Employees
A. During working time, employees may not solicit or distribute literature, products or
services for any purpose.
B. The City recognizes, however, that during non-working time employees may wish
to advertise and sell personal items like cookies, cosmetics, pets, and the like, on
a limited basis. As a general rule, employees may not solicit or distribute literature
at any time for any purpose in working areas, except that departments or divisions
may, at their discretion, designate a public bulletin board (non-electronic) for
employees to post personal advertisements and announcement.
C. Announcements and advertisements must be brief, limited to approximately one
per month, and contain no unlawful, discriminatory, harassing, untruthful,
misleading, or offensive matters. For additional information, see Personnel Policy
8.5, Personal Use of Equipment, Supplies, and Internet Access.
8.8.2 Working Time
For purposes of this policy, “working time” includes the working time of the employee doing
the soliciting or distributing and the employee to whom the soliciting or distributing is being
directed. Working time does not include break periods, meal periods, or any other specified
periods during the workday when employees are not engaged in performing their work tasks.
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8.9 Licenses and Certifications
A. Employees in some positions must maintain certain licenses or certifications, such
as a driver’s license, commercial driver’s license or license to practice law. When
the City requires a license or certification for a particular position, that requirement
is contained in the job description for the position.
B. Employees are responsible for acquiring and maintaining all licenses and
certifications required by the City for their position. The City, Service Area Director
or designee may reimburse employees for the cost of the following:
1. Fees actually paid for required licenses obtained during the time employees are
employed by the City (except for a basic driver’s license); and
2. Fees actually paid to renew or maintain required licenses during the time employees are
employed by the City (except for a basic driver’s license).
C. Employees must notify their supervisors verbally and in writing as soon as possible
during business hours and not later than when the employee returns to work of any
action or proceeding which could result in the loss of a required license or
certification. Supervisors must notify their chain of command through the Service
Area Director and the Human Resources Department anytime they become aware
of the potential loss of a required license or certification by a subordinate.
D. In addition, employees who lose a required license or certification must notify their
supervisors at the beginning of the next work day. Supervisors must notify their
chain of command through the Service Area Director and the Human Resources
Department anytime they become aware of the actual loss of a required license or
certification by a subordinate.
E. Any employee who does not have a license (other than a driver’s license) or
certification essential for her or his position is subject to reassignment or disciplinary
action, such as demotion or termination of employment. Any employee who does
not have a driver’s license essential for her or his position shall be terminated from
employment unless the failure to have the license or certification is the direct result
of a medical disqualification and a reasonable accommodation can be provided by
the City pursuant to Section 7.2.2 of these policies. The term “essential” means that
the license or certification is deemed by the City to be necessary in order for the
employee to perform a fundamental function of the job.
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8.10 Reporting Criminal Charges
A. All employees who are charged with the following offenses, whether the offense
allegedly occurred on duty or off duty, must report the charges to their supervisors
immediately following notice of charges. In addition, the employee must provide a
copy of the citation or charging document to his or her supervisor within 7 calendar
days of the date of the charged offense.
1. Any felony offense;
2. Any non-traffic misdemeanor offense;
3. The following traffic offenses:
a. Driving while license denied, suspended or revoked;
b. Eluding or attempting to elude a police officer;
c. Hit and run, or leaving the scene of an accident, or failure to give notice, information,
aid and/or report to police when involved in an accident resulting in injury to, serious
bodily injury to or death of any person or damage to a vehicle.
B. In addition, all employees whose jobs involve driving any vehicle (whether City
owned or private vehicle) and who are charged with any of the following offenses,
whether the offense allegedly occurred on duty or off duty, must report the charges
verbally and in writing to their supervisors as soon as possible during business
hours and not later than when the employee returns to work:
1. Driving under the influence of intoxicating liquor and/or drugs, driving while impaired by
intoxicating liquor and/or drugs, or driving with excessive alcoholic content, or driving
with ability impaired;
2. Speed contest;
3. Reckless driving.
C. Criminal conduct by employees may result in disciplinary action, possibly including
termination of employment, even when the alleged conduct occurred off duty when
it relates to qualifications for or performance of the employee’s job. Moreover, the
City may investigate alleged criminal misconduct and take disciplinary action
regardless of whether the employee is convicted in court of the alleged offense.
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8.11 Controlled Substances and Alcohol General Policy
A. To promote a safe and efficient work environment, the City prohibits using,
consuming, possessing, having in the body, or distributing alcohol, marijuana, and
controlled substances (except prescribed medications) by City employees while
wearing a City logo or while working for the City at any location, or while operating
City vehicles. Those City employees whose position descriptions authorize
possession and distribution of alcohol may only possess and distribute alcohol
during work hours at City facilities that have a license or permit to sell or serve
alcohol as directed by management. This policy applies to all other City employees,
with the following exceptions, providing such consumption does not violate any law
or regulation, is done in a prudent manner and does not result in behavior that
reflects poorly on the City or that jeopardizes public trust.
1. If a City employee’s manager indicates that employees in the service area, unit, or
department may do so, a City employee may possess at the employee’s work site for a
reasonable, short period of time a small quantity of alcohol in a sealed, unopened
container. This section does not apply to alcohol that is maintained at a City facility for
City use in accordance with Colorado liquor laws. Those City employees whose job
duties authorize possession and distribution of alcohol may only possess and distribute
alcohol during work hours at City facilities that have a license or permit to sell or serve
alcohol as directed by management.
2. If a City employee’s manager indicates that employees in the service area, unit or
department may do so, a City employee may possess and consume alcohol at work-
related events they attend as part of their official duties (i.e. subordinate employee’s
retirement celebration, professional conference paid for by the City) provided that the
possession or consumption does not occur during the traditional business day (Monday-
Friday, 8:00 a.m. to 5:00 p.m.), before presenting as part of the event, or during the
employee’s normal work shift.
3. A City employee may consume alcohol on City property during off-work hours when and
where the consumption of alcohol is otherwise lawful and permitted.
B. Employees who are likely to be called in to work in the event of a City emergency
or called to return to work to conduct official City business must not report to work:
1. Within four hours following alcohol consumption or
2. When the employee’s abilities are impaired.
C. When notified of an immediate need to return to work or placement on standby
status, an employee who has consumed an amount of any alcoholic beverage or
taken any drug that would tend to adversely affect the employee’s senses or
judgment or consumed an alcoholic beverage within four hours shall notify his/her
supervisor. The return to work or placement on standby status may be delayed if
the supervisor determines that this is necessary in order to ensure that the
employee is not impaired or otherwise unfit to report to work. Employees shall not
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consume alcohol while on call, when notified of an immediate call to return to work,
or when an employee is placed on standby status.
D. Employees in certain safety sensitive positions are subject to this policy and the
“Controlled Substances and Alcohol Policy (In Compliance with FMCSA
Regulations)” (referred to as the “FMCSA Policy”) set forth in these City of Fort
Collins Personnel Policies and Procedures. Employees of the City of Fort Collins
Transfort/Dial-A-Ride Division and the Fleet Services Division (referred to as
“transit employees”) are subject to this policy and the “City of Fort Collins Transit
System Substance Abuse Policy In Compliance with FTA Regulations)” (referred
to as the “FTA Policy”) set forth in these City of Fort Collins Personnel Policies and
Procedures.
1. The FMCSA Policy applies only to non-transit employees who are required to drive
commercial motor vehicles and have commercial driver’s licenses as defined by the
FMCSA regulations.
2. The FTA Policy applies only to transit employees specified in that Policy.
3. If there is any inconsistency or conflict between this policy and the FMCSA Policy or the
FTA Policy, then the terms of the FMCSA Policy or FTA Policy, as applicable, will
supersede this policy and be controlling with respect to employees covered by the
FMCSA Policy or the FTA Policy.
8.11.1 Prescribed Medication
A. The City recognizes that employees will sometimes need to take over-the-counter
drugs and medications as prescribed by their physicians. It is not a violation of this
policy for employees to possess and use medication. However, if the use of such
medication appears to affect the employee’s ability to perform her or his job safely
or effectively, then the City may, in its discretion, require the employee to take
appropriate action, which may include but is not limited to doing one or more of the
following:
1. Obtain further information from her or his physician. For example, information about how
long the medication must be taken and verification that the employee can perform her
or his job without jeopardizing the health or safety of herself or himself and others while
taking the medication;
2. Be examined by a physician or other health care provider designated by the City in order
to determine the employee’s ability to perform job functions;
3. Take a leave of absence while taking the medication and the employee may use
available sick leave or injury leave (whichever applies), vacation time, and compensatory
time off in accordance with City leave policies;
4. Accept an assignment to modified duty in accordance with the Temporary Disability
policy in these City of Fort Collins Personnel Policies and Procedures.
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B. Because the possession and use of marijuana, whether for medical or recreational
use, or otherwise, constitutes a federal offense and because the use of marijuana
is not compatible with the performing of any job with the City, the City will not
accommodate the use of marijuana for any reason. For purposes of this policy, the
use of medical marijuana as recognized by state law is not considered a prescribed
or otherwise permitted medication. There are numerous derivatives of marijuana
and it is each employee’s responsibility and obligation to determine whether any
product he or she might ingest or apply topically contains a chemical that will result
in a positive result for marijuana use.
8.11.2 Pre-Employment Testing for Controlled Substances
A. The City has a legitimate, work-related, concern, based on overwhelming evidence
that users of controlled substances directly contribute to increased absenteeism,
diminished productivity, greater health care costs, increased safety problems,
greater potential liability to third parties, and more frequent employee turnover.
Because there is no practical way for the City to observe a job applicant’s work
performance over a significant period of time before making a hiring decision, the
City believes that it is necessary to require pre-employment substance abuse
testing of job applicants once a conditional job offer is made.
B. This pre-employment testing policy shall apply to all applicants for each of the
following employment categories who have been made a conditional offer of
employment:
1. Classified positions;
2. Unclassified management positions;
3. Full-time hourly positions;
4. Contractual positions; and
5. Hourly positions that are designated as safety sensitive for purposes of pre-employment
testing by the Human Resources Department.
C. Variable hourly positions which are not designated as safety sensitive for purposes
of pre-employment testing by the Human Resources Department shall not be
subject to this pre-employment testing policy.
D. In determining which positions should be designated as safety sensitive for the
purposes of this subsection concerning pre-employment testing for controlled
substances, the Human Resources Department may consider, but is not limited to
considering, the following job duties:
1. Operation of a city vehicle (any type);
2. Operation of outdoor motorized equipment or power tools;
3. Aquatic instruction, aiding in aquatic instruction, or serving as a lifeguard;
4. Working with electricity or chemicals;
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5. Directing vehicular or pedestrian traffic;
6. Civilian police personnel; or
7. Working directly with children (persons under 18 years of age).
E. The City requires that all applicants conditionally offered a covered position with the
City undergo a test as directed by the City for those controlled substances specified
in the Procedures For Transportation Workplace Drug Testing Programs (49 CFR
Part 40) and provide the test sample to an approved collection location within 48
hours of receiving the conditional offer of employment. Job applicants shall be
notified of this requirement at the time of application or as soon thereafter as
practicable. Applicants must sign a City approved consent form by no later than the
time of conditional offer. 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 for a period of six months from the date of refusal,
failure to provide, or testing, whichever is applicable. If the applicant has
commenced employment pending the receipt of the test results, the receipt of a
confirmed positive test shall be grounds for termination of employment.
F. Pre-employment tests for controlled substances shall not be used to determine
eligibility for promotions or transfers within the City unless required by law. There
are two exceptions to the preceding sentence:
1. Because of the limited ability of the City to observe a variable hourly employee’s work
performance over a significant period of time, a pre-employment test for controlled
substances shall be required before such a non-safety sensitive employee’s
classification is changed to another employment category or before the employee is
reassigned to a different position or job code with different or additional duties that
involves safety-sensitive responsibilities.
2. Because of the safety-sensitive, law enforcement nature of the work and because of the
necessity that employees in the Protective Services occupational groups be entrusted
with confidential and sensitive information, a pre- employment test for controlled
substances shall be required before:
a. An employee in a job classification outside of the Protective Services occupational
groups, who has not previously undergone a City administered pre-employment
test, is allowed to transfer to a Protective Services job classification; or
b. An employee who is classified in a Protective Services occupational group, who
has not previously undergone a City administered pre-employment test, is allowed
to change to a different Protective Services job classification.
8.11.3 Reasonable Suspicion Testing for Alcohol and Controlled Substances
The City may require an employee to undergo tests for alcohol and/or controlled substances
when a supervisor reasonably suspects that the employee has alcohol and/or a controlled
substance in her or his system during working time.
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8.11.4 Supervisor’s Responsibility when Alcohol or Substance Abuse is Suspected
A. Employees covered by this policy will be required to submit to tests for controlled
substances and/or alcohol when one or more trained supervisors or City officials
has reasonable suspicion based on specific, contemporaneous, articulable
observations that the actions, appearance, behavior, speech or body odors of the
employee on duty shows symptoms of the use or presence in the employee’s body
of a controlled substance or alcohol.
B. When a supervisor reasonably suspects that an employee may have alcohol and/or
a controlled substance in her or his system during working time, the supervisor
should immediately and as confidentially as possible remove the employee from
any potentially dangerous situation (such as prohibit the employee from driving or
operating machinery).
C. The supervisor should then immediately consult with the next level of supervision
or the Human Resources Department in order to reach a conclusion as to whether
or not sufficient identifiable facts exist which would lead a reasonable person to
suspect that the employee had alcohol and/or a controlled substance in her or his
system during working hours. If, from the facts known to the supervisors at the time,
the conclusion is reached that the employee is suspected of having alcohol and/or
a controlled substance in her or his system during working hours, the supervisor
shall make arrangements for the immediate testing of the employee pursuant to
procedures set forth below. If reasonably possible, the supervisor shall consult with
the Human Resources Department prior to requiring an employee to submit to an
alcohol or controlled substance test and, in any event, shall notify the Human
Resources Department as soon as reasonably possible after a test is imposed.
8.11.5 Follow-Up and Return to Duty Testing for Alcohol or Controlled Substances
Any employee covered by this policy that has been required to or voluntarily undergoes
rehabilitation for abuse must submit to tests for controlled substances and alcohol, and must
receive negative results on all such tests, before returning to work. In addition, such an
employee may be subject to follow-up testing following return to active service. Follow-up
testing may continue up to 60 months, which is determined by a Substance Abuse
Professional (SAP), following her or his return to work. The employee shall be solely
responsible for the payment of all costs of SAP services, including but not limited to education
and rehabilitative services, and all required follow-up tests. An employee who receives a
positive result on a follow-up test or fails to pay the cost of the follow-up tests will be subject
to disciplinary action, up to and including termination of employment. Nothing in this section
requires the City to return an employee to duty.
8.11.6 Testing Procedures - Controlled Substances
A. The testing procedures for pre-employment and reasonable suspicion will be as set
forth in the Procedures for Transportation Workplace Drug Testing Programs (49
CFR Part 40), using the split sample method. However, in those testing situations
where the FMCSA Policy and the FTA Policy are not applicable, procedures which
entail the use of an initial screening at the collection site may be utilized prior to
splitting the sample, sealing, and shipping the samples for laboratory analysis. In
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the event that an initial screening at the collection site provides results below the
initial test cutoff levels as provided in 49 CFR Sec. 40.87, the sample will be
destroyed and the result will be reported as negative. In the event that an initial test
is at or above any of the initial test cutoff levels as provided in 49 CFR Sec. 40.87,
the sample will be split, sealed and shipped to a designated testing laboratory for
confirmatory testing pursuant to the provisions of the Procedures For
Transportation Workplace Drug Testing Programs (49 CFR Part 40).
B. Retesting
1. Pursuant to the requirements of 49 CFR Sec. 40.23, if the City receives a canceled test
result for an applicant or employee for whom a negative result is required, the applicant
or employee must immediately provide another specimen at the collection site.
2. 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.
C. Designated Employer Representative
The DOT Compliance Specialist is designated as the City’s Designated Employer
Representative. The DOT Compliance Specialist is authorized to receive that
information and to take those actions as specified in 49 CFR Part 40.
D. After receiving notification of a verified positive test, an employee or applicant may
request that the split sample be analyzed. Such a request must be made within 72
hours of the time the employee or applicant is notified of a verified positive test. If
such a split sample test request is made, the split sample will be tested at another
certified laboratory. If the split sample test results are negative, the employee or
applicant will not be responsible for the cost of the test. If the split sample test results
are positive, the employee or applicant will be required to pay for the cost of the test
and such cost may be deducted for any pay owed to the employee.
E. 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.
8.11.7 Testing Procedures – Alcohol
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).
8.11.8 Consequences for Refusal to Submit to Test and Test Results
A. Any employee who refuses to take an alcohol or controlled substances test required
by the City may be subject to disciplinary action. In addition, any employee who
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tests positive for alcohol or for a controlled substance (except for the employee’s
prescribed medication) in any amount may be subject to disciplinary action, up to
and including termination of employment. Because of the accuracy limits inherent
in current alcohol testing techniques, a positive test for an alcohol concentration of
less than .02 will not, by itself, constitute grounds for discipline. The following
behavior constitutes a refusal:
1. Failure to provide a urine specimen or breath sample;
2. An inability to provide a sufficient urine specimen or breath sample without a valid
medical explanation;
3. Tampering with or attempting to adulterate the specimen or collection procedure;
4. Verbal declaration, obstructive behavior, refusal to sign the Alcohol Testing Form;
5. Physical absence resulting in the inability to conduct the test;
6. Substituting a specimen;
7. Not reporting to the collection site in the time allotted;
8. Leaving the collection site prior to test completion;
9. Failure to permit an observed or monitored collection when required;
10. Failure to take a second test when required;
11. Failure to undergo a medical examination when required;
12. Failure to cooperate with any part of the testing process;
13. Failure to appear for any test (except a pre-employment test) within a reasonable time,
as determined by the City, after being directed to do so by the City;
14. Having a verified adulterated or substituted test result;
15. For an observed collection, failure to follow the observer’s instructions to raise clothing
above the waist, lower clothing and underpants, and to turn around to permit the
observer to determine if there is any type of prosthetic or other device that could be used
to interfere with the collection process;
16. Possess or wear a prosthetic or other device that could be used to interfere with the
collection process; or
17. Admit to the collector or MRO that the specimen has been adulterated or substituted.
8.11.9 Drug-Free Workplace Act Compliance
A. Pursuant to Public Law 100-690, Title V, Subtitle D, the Drug-Free Workplace Act
of 1988 (the “Act”), the City of Fort Collins must certify that it will provide a drug-free
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workplace in order to qualify for federal financial assistance. The City of Fort Collins
is committed to maintaining a safe workplace free from the influence of illegal drugs
and controlled substance abuse. In addition, the City will comply with the
requirements of the Drug-Free Workplace Act of 1988, and the applicable drug-free
work force rules promulgated by state and federal agencies.
B. It is the City’s policy to prohibit the unlawful manufacture, distribution, dispensation,
possession, or use of a controlled substance during work time in the workplace
where employees may be assigned. An employee found in violation of this policy
will be subject to disciplinary action, up to and including termination for a first
offense. Compliance with this policy is a condition of employment for all employees
of the City. Such condition of employment does not create a contract for
employment, but rather is a prerequisite to hiring or continued employment of any
employee.
C. Any employee who is convicted under a criminal drug statute for a violation
occurring in the workplace, or who plead guilty or nolo contendere to such charges,
must notify the Human Resources Department or the City Manager’s Office within
five (5) days of such conviction. Failure to report such conviction or plea will result
in disciplinary action up to and including termination from employment for a first
offense. Employees convicted, or who plead guilty or nolo contendere to such drug-
related violations, are subject to discipline, including possible termination and/or
mandatory attendance and successful completion of a drug abuse assistance or
similar program as a condition of continued employment, at the City’s discretion.
The process to impose such discipline shall commence within thirty (30) days of
conviction or plea. If the employee’s job involves a contract with a federal agency,
procurement of goods or services for such agency, or federal grant funds, such
conviction will be reported by the City to the federal agency within ten (10) days of
the City receiving notice of such conviction, as discussed above, or otherwise
receiving actual notice of such conviction.
D. The City has established a drug-free awareness program to inform employees of:
1. The dangers of substance abuse in the workplace;
2. The provisions of this policy;
3. The available drug and alcohol counseling, rehabilitation or employee assistance; and
4. The penalties for violation of this policy.
E. The City of Fort Collins Human Resources Department can provide further
information to all employees, including educational materials on the dangers of
drug and alcohol abuse in the workplace. As a component of this program,
employees may be required to attend presentations on drug and alcohol abuse in
the workplace as scheduled by their supervisors. The Human Resources
Department can provide referral assistance and further information. Partial
medical insurance may be available for drug and alcohol treatment. Further
information on the rehabilitation and counseling resources are available in the
Human Resources Department.
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8.11.10 Effects of Alcohol and Substance Abuse
Employees who separate employment due to a positive drug/alcohol test result may seek
reemployment only after a 6 month break in employment with the City. For additional
information on the effects of alcohol and controlled substances, see Sections 8.17.7 and
8.17.8 of these policies.
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8.12 Restrictions on Smoking and Other Tobacco Use
A. Smoking is generally not allowed during working time. Employees may only smoke
or use tobacco products during break time, lunch time or other non- working time.
Employees may not smoke or use tobacco in City buildings or in City vehicles.
Smoking is also prohibited on City-owned property including parks, golf courses,
natural areas, trails, all sidewalks abutting or separated only by a parkway from any
of these kinds of properties, and, effective January 1, 2016, a Downtown Smoke-
Free Zone described in Ordinance No. 15, 2015 of the Fort Collins City Council,
except for smoking that occurs in a retail tobacco business. City-owned property
does not include private residences or sidewalks abutting or separated only by a
parkway from property not owned and maintained by the City. Smoking that occurs
in City-owned parking lots is permitted only in enclosed, privately owned vehicles.
In addition, employees who choose to smoke in a private vehicle while driving on
work time or on City-owned property with another City employee in the vehicle
should be sensitive to the effects of second hand smoke on other employees in the
private vehicle. The term “smoking” includes the use of electronic cigarettes and
similar devices which simulate the smoking of a traditional tobacco product, such
as a cigarette.
B. Employees who smoke in enclosed, private vehicles on City property are expected
to use good judgment and help maintain a safe and clean environment in
connection with smoking and the use of tobacco products on City property.
Accordingly, employees should discard ashes, cigarette butts and other tobacco
residue in ashtrays or other safe receptacles.
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8.13 Restrictions on Political Activity
The City recognizes that employees have rights and responsibilities as citizens to participate
in the political process. However, because City employees hold positions of public trust and
confidence, certain restrictions on political activities of employees both on and off the job are
necessary to avoid actual or apparent conflicts of interest and to promote integrity of City
government.
8.13.1 Prohibited Political Activities
City employees are prohibited from the political activities listed below. Certain terms used
below are defined at the end of this policy.
1. Employees may not engage in any political activity under any of the following
situations:
a. While on duty;
b. While in a uniform that identifies the employee as a City employee;
c. While in a City office or building (except when in a City office or building as a citizen
and not as an employee; or
d. While using a City vehicle or equipment.
2. Employees may not represent their statement or position concerning a political topic as
the statement or position of the City when engaging in off-duty political activity.
3. Employees may not become a candidate for nor serve as a member of the Fort
Collins City Council.
4. The following activities with regard to candidates for the Fort Collins City Council
are also prohibited:
a. Employees may not take an active part in managing the candidate’s campaign;
b. Employees may not directly or indirectly solicit, receive, collect, handle, disburse or
account for assessments, contributions or other funds for a candidate;
c. Employees may not solicit votes in support of or in opposition to a candidate;
d. Employees may not make, directly or indirectly, any contribution or expend any
money or any valuable thing to assist in the election or defeat of a candidate.
(Charter, Article VIII, Section 8).
8.13.2 All Other Rights are Retained by Employees
Employees retain the right (when off duty, not in uniform, outside City offices and buildings,
and not using a City vehicle, equipment or other resources) to participate fully in any public
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affairs, except as otherwise prohibited in this policy or in the Charter of the City of Fort Collins.
The following are examples, and is not an exhaustive list, of specific political activities which
employees may engage in subject to the restrictions above:
1. Display a political picture, sticker, badge, button or sign;
2. Sign political petitions as an individual;
3. Express an opinion as an individual, privately and publicly, on political subjects and
candidates;
4. Take an active part in a campaign, solicit contributions and votes, donate personal time
and money and hand out literature with regard to candidates for an office other than City
Council;
5. Be politically active in connection with matters such as a constitutional amendment,
referendum, initiative, ballot issue, approval of a municipal ordinance or any other
questions of issues of a similar character.
8.13.3 Definitions
For purposes of this policy regarding political activity, the following definitions apply:
A. “Political activity” means any act or statement supporting or opposing any
candidate, legislation, constitutional amendment, amendment to the City Code or
City Charter, or any petition addressed to any government agency, or official or the
circulation of any such petition. A political activity does not include:
1. Registering to vote or voting in any election;
2. Any act or statement supporting or opposing any legislation, constitutional amendment,
amendment to the City Code or City Charter, or any petition addressed to any
government agency or official, when such act is done or statement is made by a
management employee authorized by the City Manager to express the City’s official
position; or
3. Any statement which recommends supporting or opposing any legislation, constitutional
amendment, amendment to the City Code or City Charter, or any petition addressed to
any government agency or official, when such statement is made by an employee in the
course of the employee’s employment to aide City management in formulating an official
City position.
B. “Political party” means a national political party or state political party and any
affiliated organization.
C. “Election” includes primary, special and general elections.
D. “City” refers only to the City of Fort Collins.
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E. “Contribution” means any gift, subscription, loan, advance, deposit of money,
allotment of money or anything of value given or transferred by one person to
another, including cash, check, draft, payroll deduction or allotment plan, pledge or
promise, whether enforceable or otherwise.
8.13.4 Additional Restrictions Related to Federal Funding
A. Federal law restricts the political activity of City employees principally employed by
local governments who work in connection with programs financed in whole or in
part by federal loans or grants. Generally, the federal law may prohibit an employee
from:
1. Being a candidate for public office in a partisan election;
2. Using official authority or influence for the purpose of interfering with or affecting the
results of an election or a nomination for office; or
3. Directly or indirectly coercing contributions from subordinates in support of a political
party or candidate.
B. Employees in any employment category who exercise functions in connection with
federally financed activities should consult the grants manual and the federal
funding documents for the federally financed activity before engaging in political
activity.
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8.14 Citizen Input to Council by City Employees
A City employee is permitted to address City Council regarding issues that concern him/her
as a private citizen providing that:
1. The employee does not do so while on duty or while in uniform or other clothing that
identifies him/her as a City employee, and does not state his/her City title or department
unless:
a. The employee also makes it clear that he/she is not representing the City and is not
acting in performance of his/her duties as a City employee; or
b. The employee’s presentation is being made in the performance of his/her duties as
a staff member and not as a private citizen;
2. The employee does not use City resources and supplies, including but not limited to the
City’s email system, except to the extent the same are available to members of the
public;
3. The employee does not divulge confidential City information; or
4. The employee’s comments are not unduly disruptive to the orderly work environment or
working relationships within the City organization (see Section 8.1 D of these policies).
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8.15 Inventions, Designs, Copyrights
8.15.1 Disclosure Required
Employees must promptly disclose to the City all improvements, discoveries, ideas,
inventions, and information pertinent to the operation or functions of the City which they
develop either individually or in conjunction with others, or that employees otherwise learn
of during the time they are employed by the City.
8.15.2 Products Become City Property
A. All writings, computer programs, software and other products that employees
develop in the course or scope of their employment, or using City property of any
kind, are the sole property of the City upon their creation. In the case of
copyrightable works, the product becomes the sole property of the City at the time
the product is fixed in a tangible medium of expression. However, the City may
refuse ownership of any product at any time.
B. Products covered by this policy include all intermediate and partial versions of the
products, as well as all materials, flow charts, notes, outlines and the like created
in connection with such products. Products also include all formulae, processes,
algorithms, ideas and other information not generally known to the public and
developed or generated by employees in the course of their employment are the
sole property of the City upon their creation. This policy applies whether the
employee developed the product individually or in conjunction with others, and
whether or not the product is protected by copyright.
8.15.3 Assignment of Rights to Products
By accepting and continuing employment with the City, employees assign to the City the sole
and exclusive right, title and interest in and to all products described above, and all copies of
such products, without further consideration. The City retains ownership of and the right to
reproduce, market, license, or otherwise distribute any such product produced by the
employee, unless the City refuses ownership.
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8.16 Vehicle Operation
8.16.1 City Owned Vehicles
A. Except as specifically allowed in this policy, City vehicles may be used only for
official City business. The employee shall exercise good judgement in operating
and utilizing City vehicles, and shall not drive or use the vehicle in a manner that
may cause unfavorable comment or reflect negatively on the City.
B. In addition, employees who serve in a position where it is important that they be
recognized as City employees may, at the discretion of the City, be provided a City
vehicle and required to use it on City business instead of their personal vehicles.
8.16.2 Taking Home City Vehicles
A. Except for take home vehicles discussed below, City-owned vehicles are kept on
the City’s premises unless temporarily located elsewhere, for example, due to
mechanical failure or project assignment.
B. Any employees authorized to use City vehicles may make occasional reasonable
stops in route to and from work assignments, such as a personal errand during
lunch or break time or on the way home. Supervisors have the responsibility and
discretion to restrict or prohibit such personal use if, in their judgment, an
employee’s use is excessive or interferes with the job performance of the employee
or the work unit.
C. An employee may be allowed to take home a city vehicle only under one of the
following circumstances:
1. To respond to emergencies when the employee’s status has been designated by the
City Manager or Service Area Director as one of standby, on-call or critical emergency
response; or
2. With approval of the Service Area Director, to attend an early morning, out-of-town
meeting; or
3. With approval of the Service Area Director, to efficiently handle other unusual situations
that may call for the immediate availability of a City vehicle on short notice; provided,
however, that this provision shall not be construed to allow a City vehicle to be taken
home by an employee on a regular, ongoing basis.
D. An employee using a take home vehicle may not use such vehicle for personal
purposes, other than for commuting or for very minor personal use such as a stop
for a personal errand on the way between work and the employee’s home. When
an employee is on call and is required by the City to use a vehicle for personal use
in order to be ready to respond to an emergency situation, such use will not be
considered personal use for purposes of this policy. Employees may transport
family members if they are conducting personal business either en route to their
home or during the time they are on an on-call status. The employee is expected
to be responsible in selecting the destination of these trips. The employee shall
exercise good judgement in operating and utilizing City vehicles, and shall not drive
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or use the vehicle in a manner that may cause unfavorable comment or reflect
negatively on the City.
E. Commuting use of take home vehicles by employees will be included in the
employee’s gross income on form W-2 based on the commuting value determined
according to IRS rules and regulations.
F. No take home vehicles will be permitted outside the Urban Growth Area boundary
or an area defined by a circle with a 10-mile radius with its center at Mulberry Street
and College Avenue, whichever is greater, unless authorized by the City Manager.
Exception: cases where City facilities are located outside the Urban Growth Area
and the primary work area is there, such as the Water Treatment Plant.
8.16.3 Driving Records Check for Driving Positions
The City shall conduct a driving records check of applicants for employment and volunteer
positions that allow driving as a regular component of the position. Additionally, a driving
records check in such positions shall be done not less than once every year, and any other
time that a supervisor deems it necessary. The City may, in its discretion, make selection
and retention decisions based on a person’s driving record. Managers in each department
shall be responsible for tracking driving positions and ensuring that the driving records
checks are conducted as set forth in this policy.
8.16.4 Insurance Requirements
A. Employees operating private vehicles on City business must have vehicle liability
insurance with liability limits at least as high as the minimum limits specified by the
State of Colorado, and maintain proof of such insurance as required by law.
B. Inside every City vehicle should be a certificate of self-insurance. Employees
operating City vehicles should verify that their vehicles contain the certificates. Any
questions about the certificate of self-insurance should be directed to Safety,
Security & Risk Management.
8.16.5 Rules for Operating Vehicles
A. Employees who operate private vehicles when conducting City business, or City
vehicles at any time, are required to comply with the following:
1. Employees must maintain a valid driver’s license with the appropriate vehicle class
designation required by the department. The City may, in its discretion, at any time
require any employee who drives any vehicle during the course of her or his employment
to verify that she or he has a valid driver’s license and sufficient insurance as required
by law and this policy. For additional information, see Personnel Policy 8.8, Licenses
and Certifications;
2. Employees may not allow anyone other than a City employee or volunteer to drive a City
vehicle;
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3. Employees must obey all traffic laws and use courteous and safe driving practices. The
City will investigate complaints about an employee’s improper use of a City vehicle and
take appropriate disciplinary action;
4. Both the driver and all passengers are required to wear seat belts and shoulder
harnesses when driving or riding in a private vehicle on City business or a City vehicle
at any time, except for Police Services employees subject to departmental directives on
this subject;
5. Under no circumstances may any employee use any alcohol or drug or have any amount
of alcohol or drug in her or his system while driving a private vehicle on City business or
a City vehicle at any time, except for prescribed and over-the-counter medications which
do not affect the ability to drive;
6. Employees operating City vehicles which exceed 10,000 pounds gross weight must
comply with appropriate federal Department of Transportation regulations and additional
City policies, including but not limited to a separate substance abuse policy;
7. Any employee authorized to use City vehicles may make occasional, reasonable stops
in route to and from work assignments, such as a personal errand during lunch or break
time or on the way home. Supervisors have the responsibility and discretion to restrict
or prohibit such personal use if, in their judgment, an employee’s use is excessive or
interferes with the job performance of the employee or the work unit; When operating
motorcycles or motor scooters on City business, employees and any passengers shall
wear motorcycle helmets at all times.
8. Employees may not use (includes but is not limited to talking, listening, and texting)
wireless telephones while operating a City vehicle except in any of the following
situations:
B. Employees may not use (includes but is not limited to talking, listening, and texting)
wireless telephones while operating a City vehicle except in any of the following
situations:
1. The vehicle is at rest in a shoulder lane or is lawfully parked.
2. Any employee may use a wireless telephone when it is necessary in a work related or
public safety emergency situation.
8.16.6 Reporting Accidents
A. Employees involved in an accident of any kind while driving a private vehicle or a
bicycle on City business, or a City vehicle or City bicycle at any time, must comply
with the following procedures:
1. Immediately contact the local law enforcement agency to make a police report and obtain
medical assistance, if necessary. In Fort Collins, call 911 for emergencies. For non-
emergency situations, call Fort Collins Police Services at 221-6540;
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2. Do not leave the scene of the accident unless authorized by the supervisor or the law
enforcement officer or unless transported away by ambulance;
3. Immediately report the accident to the supervisor and Safety, Security & Risk
Management, including the circumstances of the accident and any injuries;
4. If a City vehicle needs to be towed, during business hours contact Equipment Services
or Transfort. After business hours, contact Police Dispatch at 221-6540;
5. Complete a City “Accident/Incident Report Form,” and return it to Safety, Security & Risk
Management within 24 hours. Supervisors should complete the form if the employee is
unable to do so;
6. Complete a “State of Colorado Traffic Accident Report” (form DR2447), and return it to
Safety, Security & Risk Management.
B. The City recognizes that under exceptional circumstances, neither the employee
nor someone on her or his behalf may reasonably be able to call within the time
required. In such a case, the employee or representative must contact the
employee’s supervisor as soon as possible after the beginning of the shift. If the
supervisor, in her or his discretion, believes the employee had a compelling reason
which prevented the employee from notifying their supervisor or Safety, Security &
Risk Management, the supervisor may approve pay for the period of absence or
tardiness.
C. Employees who are covered by the FMCSA controlled substances and alcohol
testing policy (including employees required to hold commercial driver’s licenses or
in certain safety sensitive positions) may be required to submit to tests for controlled
substances and alcohol following certain types of accidents. Such employees must
remain readily available for testing and may not consume alcohol until after testing
is completed, up to eight hours after the accident.
8.16.7 Use of City Bicycles
Employees shall wear bicycle helmets any time they are riding a City provided bicycle or
when riding a personal bicycle on City business. Employees involved in an accident while
riding a City provided bicycle or when riding a personal bicycle on City business shall
immediately contact the local law enforcement agency to make a police report, obtain
medical assistance if necessary, and immediately report the accident to the supervisor and
Safety, Security & Risk Management.
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8.17 Controlled Substances and Alcohol Policy
(In Compliance with FMCSA Regulations)
(Applicable Only to Non-Transfort and Non-Fleet Services Division Employees Required to Hold
a Commercial Driver’s License)
The City strives to provide its employees, our most valuable resource, with a healthy and
safe workplace. Toward that goal, the City has adopted the following policy in order to
promote the City’s safety and health program and comply with the federal standards for
safety-sensitive duties regulated by the Federal Motor Carrier Safety Administration
(FMCSA). Because of the voluminous nature of the applicable federal regulations (49
CFR Parts 382 and 40), it is not practical for this City policy to set forth a verbatim recital
of the federal regulations. Covered employees are required to comply with this policy as
well as the applicable federal regulations that are incorporated by this reference. A copy of
the federal regulations may be obtained from the Safety, Security & Risk Management
Department (SSRM). In the event of a conflict between this policy and the applicable federal
regulations, the federal regulations shall take precedence.
8.17.1 Who is Covered by this Policy
A. This policy applies to all drivers who operate commercial motor vehicles that require
a commercial driver’s license under 49 CFR Part 383 and are subject to the
FMCSA’s drug and alcohol regulations, 49 CFR Part 382. These positions are
safety-sensitive. The FMCSA identifies safety-sensitive functions as follows:
1. All time at an employer facility or other property waiting to be dispatched, unless the
driver has been relieved from duty by the employer;
2. All time inspecting equipment, servicing or conditioning any commercial motor vehicle at
any time;
3. All time spent at the driving controls of a commercial motor vehicle in operation;
4. All time, other than driving time, in or upon any commercial motor vehicle;
5. All time loading or unloading a vehicle, supervising, or assisting in the loading or
unloading, attending a vehicle being loaded or unloaded, remaining in readiness to
operate the vehicle; and
6. All time repairing, obtaining assistance, or remaining in attendance upon a disabled
vehicle.
B. The City will provide training to all employees covered by this policy in accordance
with the regulations of the FMCSA. All employees covered by this policy will be
notified by the City. If there is any uncertainty whether a particular employee is
covered, or if there are any other questions about this policy, please contact the
DOT Compliance Specialist.
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8.17.2 Statement of Policy
A. For purposes of this policy, the term “controlled substance” shall mean any of the
following five drugs or classes of drugs:
1. Marijuana metabolites
2. Cocaine metabolites
3. Amphetamines
4. Opioid metabolites
5. Phencyclidine
B. In accordance with the FMCSA regulations, the City has adopted the following work
rules applicable to covered employees:
1. No employee may unlawfully manufacture, use, possess, or distribute controlled
substances.
2. No employee may report for duty or remain on duty requiring the performance of safety-
sensitive functions when the employee uses any controlled substance, except when the
use is pursuant to the instructions of a licensed medical practitioner who has advised
the employee that the substance will not adversely affect the employee’s ability to safely
operate a commercial motor vehicle. The above stated exception shall not be applicable
to medical marijuana. Medical marijuana is a “controlled substance” and an employee is
not excused from the provisions of the federal regulations or this policy because the
marijuana in the employee’s body or in his/her possession is medical marijuana as
defined by state law.
3. No employee may perform safety sensitive functions within four hours after consuming
alcohol;
4. No employee may possess or consume alcohol while assigned to perform or actually
performing safety sensitive functions;
5. No employee may report to work or perform safety sensitive functions while having a
blood alcohol concentration of .02 or greater. Such employee may not return to work
until the start of the employee’s next regularly scheduled duty period, but not less than
24 hours following administration of the test. An employee’s alcohol concentration will
be determined by tests as described in this policy. The use of the .02 level of alcohol
concentration in this paragraph is in recognition of the testing device margin of error and
does not constitute authorization or consent for the employee to have alcohol in his or
her body at an time while on duty;
6. No employee may refuse to submit to any test for alcohol or controlled substances.
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7. No employee may refuse to submit to any test by adulterating or substituting your
specimen.
8.17.3 Substance Screening
A. For the purpose of assuring compliance with the FMCSA regulations and this policy,
applicants and employees in safety sensitive positions will be subject to controlled
substance and alcohol screening under the following circumstances as a condition
of their employment.
B. Pre-Employment Applicants:
All applicants conditionally offered employment for safety sensitive positions or
conditionally offered transfers from non-safety sensitive positions to safety sensitive
positions shall undergo urine drug testing and provide the test sample to an
approved collection location within 48 hours of receiving the conditional offer of
employment or transfer. A verified negative drug test result will be required prior to
performing any safety-sensitive functions. Additionally, when a safety-sensitive
employee has not performed a safety sensitive function for 30 consecutive calendar
days or more, regardless of the reason, and the employee has not been in the
random selection pool during that time, the employee shall take a pre- employment
drug test. 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 or submit 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. Additionally, an applicant will be disqualified for employment if the
applicant has had a positive test or has refused to test with an employer covered by
Department of Transportation (DOT) agency drug and alcohol testing rules during
the past two years, and has not documented successful completion of the DOT
return-to-duty process (including follow-up tests).
C. Employees:
Employees covered by this policy are required to undergo substance screening
under the circumstances below:
1. Post-Accident Testing
a. The FMCSA regulations require that any employee covered by this policy submit
as soon as practicable to tests for controlled substances and alcohol if he or she is
involved in an accident in which he or she is driving a commercial motor vehicle
with a gross vehicle or combination weight rating of 26,001 or more pounds, or is
designated to transport 16 or more passengers including the driver, or is of any size
and is used in the transportation of materials found to be hazardous for purposes
of the Hazardous Materials Transportation Act and requires the motor vehicle to be
placarded, and
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i. There is loss of human life; or
ii. He or she receives a citation within 8 hours of the occurrence under State or
local law for a moving traffic violation arising from the accident, if the accident
involved:
a. Bodily injury to any person who, as a result of the injury, immediately
receives medical treatment away from the scene of the accident; or
b. One or more motor vehicles incurring disabling damage as a result of
the accident, requiring the motor vehicle to be transported away from
the scene by a tow truck or other motor vehicle.
iii. There must be a post-accident drug test if the citation is issued within 32 hours
following the accident and there must be a post-accident alcohol and drug test
if the citation is issued within 8 hours following the accident.
b. The City also requires that any employee who is seriously injured and cannot
provide a specimen at the time of the accident must provide the necessary
authorization for obtaining hospital reports and other documents that may indicate
the presence of controlled substances and/or alcohol in the employee’s system.
2. Reasonable Suspicion Testing
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:
a. Physical signs and symptoms consistent with prohibited substance use or alcohol
misuse;
b. Evidence of the manufacture, distribution, dispensing, possession, or the use of
controlled substances, drugs, alcohol, or other prohibited substances.
3. Random Testing
a. A driver shall only be alcohol tested while performing safety-sensitive functions,
immediately prior to performing, or immediately after performing safety-sensitive
functions. Drug testing may be performed at any time while the driver is at work for
the City. Random testing will be conducted reasonably throughout the year and will
be unannounced to ensure that no employee receives advance knowledge of the
time of testing. All employees covered by this policy will have an equal chance of
being selected each time a random selection is made. If selected, employees must
report immediately to the collection site.
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b. The number of controlled substance tests conducted annually will equal or exceed
the percent of the number of safety sensitive positions subject to testing as required
by FMCSA regulations. The number of alcohol tests conducted annually shall equal
or exceed the percent of the number of safety sensitive positions subject to testing
as required by FMCSA regulations. The percent amount set by the regulations may
be obtained from the DOT Compliance Specialist.
4. Follow-Up and Return to Duty
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. Return-to-duty tests are required to be conducted
under directly observed conditions. 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. Follow-up tests are required to be conducted under
directly observed conditions. 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.
8.17.4 Refusal to Submit to Test
A. 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 immediately removed from duty
and under the City’s authority, his/her employment may be 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
immediate removal from duty and under the City’s authority, his/her employment
may be terminated. Refusal to test constitutes a positive test and any of the
following shall be considered a refusal:
1. Refusal to take a DOT drug test:
a. Fail to appear for any test (except a pre-employment 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;
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b. Fail to remain at the testing site until the testing process is complete; provided that
an employee who leaves the testing site before the testing process commences for
a pre-employment test is not deemed to have refused the test;
c. Fail to provide a urine specimen for any drug test required by this part or DOT
agency regulations; provided that an employee who does not provide a urine
specimen because he or she has left the testing site before the testing process
commences for a pre- employment test is not deemed to have refused a test;
d. In the case of a directly observed or monitored collection in a drug test, fail to permit
the observation or monitoring of your provision of a specimen; Fail to provide a
sufficient amount of urine when directed, and it has been determined, through a
required medical evaluation, that there was no adequate medical explanation for
the failure;
e. Fail or decline to take an additional drug test the City or collector has directed you
to take;
f. Fail to undergo a medical examination or evaluation, as directed by the MRO as
part of the verification process, or as directed by the DER. In the case of a pre-
employment drug test, the employee is deemed to have refused to test on this basis
only if the pre-employment test is conducted following a contingent offer of
employment. If there was no contingent offer of employment, the MRO will cancel
the test;
g. Fail to cooperate with any part of the testing process (e.g. refuse to empty pockets
when directed by the collector, behave in a confrontational way that disrupts the
collection process, fail to wash hands after being directed to do so by the collector);
h. For an observed collection, fail to follow the observer’s instructions to raise your
clothing above the waist, lower clothing and underpants, and to turn around to
permit the observer to determine if you have any type of prosthetic or other device
that could be used to interfere with the collection process;
i. Possess or wear a prosthetic or other device that could be used to interfere with
the collection process;
j. Admit to the collector or MRO that you adulterated or substituted the specimen;
k. As an employee, if the MRO reports that you have a verified adulterated or
substituted test result, you have refused to take a drug test.
2. Refusal to take an alcohol test:
a. Fail to appear for any test (except a pre-employment test) within a reasonable time,
as determined by the employer, consistent with the applicable DOT agency
regulations, after being directed to do so by the employer. This includes the failure
of an employee to appear for a test when called by a C/TPA;
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b. Fail to remain at the testing site until the testing process is complete; provided that
an employee who leaves the testing site before the testing process commences for
a pre-employment test is not deemed to have refused the test;
c. Fail to provide an adequate amount of breath for any alcohol test required by this
part or DOT agency regulations; provided an employee who does not provide an
adequate amount of breath because he or she had left the testing site before the
testing process commences for a pre- employment test is not deemed to have
refused to test;
d. Fail to provide a sufficient breath specimen and the physician has determined,
through a required medical evaluation, that there was no adequate medical
explanation for the failure;
e. Fail to undergo a medical examination or evaluation, as directed by the employer
as part of the insufficient breath procedures;
f. Fail to sign the certification at Step 2 of the ATF; or
g. Fail to cooperate with any part of the testing process.
8.17.5 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) Substance Abuse & Mental Health Services
Administration (SAMHSA). All testing will be conducted with the procedures set
forth in 49 CFR Part 40 and 382, 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).
B. Once an employee has been directed to test, the City and the federal regulations
require the employee to have in his/her possession at the testing facility a photo
identification and sign completed testing forms.
C. The drugs that will be tested for are marijuana, cocaine, amphetamines, opioids,
and phencyclidine 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
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illegally obtained prescription drugs. 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 under the influence of a substance other than the
five drugs listed above, the City of Fort Collins reserves the right to test for additional
drugs under the City’s own authority for safety-sensitive employees using standard
laboratory testing protocols.
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. Result of .02-
.039, FMCSA requires that the employee not resume safety-sensitive functions for
24 hours. Result of .04 or greater FMCSA requires immediate removal from safety-
sensitive functions until successful completion of the return-to-duty process. Under
City authority, the inability to perform safety-sensitive duties due to an alcohol test
result of 0.02 or greater but less than 0.04 will be considered an unexcused
absence subject to City disciplinary action up to and including termination of
employment consistent with the City’s discipline code and provisions set forth in an
individual’s Last Chance Agreement.
E. For purposes of the FMCSA, an alcohol concentration of 0.02 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 382 for a safety-sensitive employee. Any
safety-sensitive employee who 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 immediately removed from his/her position, informed of the
educational and rehabilitation programs available, and referred to the Substance
Abuse Professional (SAP) for assessment.
F. Pursuant to the provisions of 49 CFR Sec. 40.197, if an applicant or employee
receives a negative dilute drug test result, the applicant or employee shall be
directed to take another test immediately with the minimum possible advance notice
that he or she must return to the collection site. If the second test result is also
negative dilute, the test result will be considered verified negative and the applicant
or employee will not be required to take a third test because the second test result
was negative dilute.
G. The City 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
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to 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.
I. Employee Requested Testing of Split Sample
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.
Regardless of whether the employee is able to pay for or reimburse the City for the
cost of the testing, the City will ensure that the testing takes place in a timely manner
and the results are released appropriately. The City may collect reimbursement for
the testing costs from the employee by any legal means. 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.
J. 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.
8.17.6 Consequences of Violation of Policy
A. The FMCSA regulations require certain minimum consequences for violation of the
regulations. In addition to those minimum consequences, the City may, in its
discretion, impose consequences more severe than those required by the FMSCA
regulations, including possible termination of employment, for violation of this
policy.
B. A positive drug and/or alcohol test will also result in disciplinary action up to and
including termination consistent with the City’s discipline policies and provisions set
forth in an individual’s Last Chance Agreement, if applicable. The City may, in its
discretion, immediately remove an employee from duty based on a test result at
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any concentration level and may discipline an employee for an alcohol test result
below .02 if there is other independent evidence of alcohol in the employee’s body.
C. 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 City 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 may be allowed to take available accumulated sick
leave, vacation leave, or leave without pay to participate in the prescribed
rehabilitation program.
D. Notifying the City of a Criminal Drug Conviction
As required by the Drug Free Workplace Act, all employees are required to notify
the City 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. See Section 8.10
of these policies and procedures for requirements regarding the reporting of criminal
charges.
E. Proper Application of the Policy
The City 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.
F. Employees who separate employment due to a positive drug /alcohol test result
may seek reemployment only after a 6 month break in employment with the City
and after demonstrating successful completion of the Substance Abuse
Professional evaluation, referral and education/ treatment process as outlined in
Part 40 Subpart 0 of the Federal Motor Carrier Safety Regulations. Payment for
SAP evaluations and services along with Return-to-duty and Follow-up testing is
the employee’s responsibility.
8.17.7 Effects of Alcohol
A. 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
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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. Contributes to heart attacks, hypertension, and strokes;
h. Depresses immune system functioning and increases the likelihood of infection;
i. Causes brain damage manifested through dementia, black outs, seizures,
hallucinations, and peripheral neuropathy;
j. Spontaneous abortion and neonatal mortality;
k. Ulcers; and
l. Birth defects (up to 54% of all birth defects are alcohol related).
B. 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.
2. The estimated cost of alcohol abuse is about $117 billion annually. This figure includes
medical bills, time lost from work, decreased job efficiency and property damage.
C. Effects on Personal Life
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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.
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.
D. Signs and Symptoms of an Alcohol Problem
1. Alcohol causes both psychological and physical dependence. When a drinker uses
alcohol as an escape from problems and stress and comes to depend on the drug for
relief, psychological dependency is present.
2. When repeated drinking produces tolerance (which is a need to consume more of the
drug to obtain the same effect), and the drinker’s body needs alcohol to function, physical
dependence has developed. Once dependent, many drinkers experience withdrawal
symptoms when they stop drinking.
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.
4. How a person using alcohol appears/behaves:
a. Poor muscle coordination
b. Dulled mental process
c. Slowed reaction rate
d. Staggering
e. Red eyes
f. Possible constricted pupils
g. Poor or slurred speech
h. Hygiene
i. Lack of social control
j. Sleepy or stuporous condition
k. Loss of inhibitions
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l. 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:
a. Absenteeism
b. On-the-job absenteeism
c. Tardiness
d. Accidents
e. Missed deadlines
f. Increased nervousness
g. Greater irritability
h. Procrastination, delays
i. Red or bleary eyes
j. Erratic productivity
k. Hand tremors
l. Flushed face
m. Poor concentration
n. Undependable
o. Aggressiveness
p. Personal problems
6. How Alcohol Impairs Functions Needed for Driving
Skills required to drive may be divided into cognitive skills, such as information
processing, and psychomotor skills (those involving eye-brain-hand
coordination). Impairment is related to alcohol in terms of its concentration in the
bloodstream.
a. Low to moderate BACs (0.03 to 0.05%) interfere with voluntary eye movements.
b. Significant impairment in steering ability may begin as low as about 0.035%.
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c. Narrowing of the attentional field begins at about 0.04%.
d. Divided attention deficits (monitoring proper lane and direction while monitoring the
environment for vital safety information) occur as low as 0.02%.
8.17.8 Effects of Substance Abuse
A. Marijuana
Marijuana does not depress central nervous system reactions. Its action is almost
exclusively on the brain, altering the proper interpretation of incoming messages.
Leaf marijuana, which is usually sold in plastic sandwich bags, will range in color
from green to light tan. The leaves are usually dry and broken into small pieces.
Hashish, although less prevalent, is a compressed, sometimes tar-like substance
ranging in color from pale yellow to black.
1. Signs and Symptoms of Use
a. Reddened eyes (frequent use of eye drops)
b. Slowed speech
c. Distinctive odor on clothing
d. Lackadaisical, “I don’t care attitude”
e. Chronic fatigue and lack of motivation
f. Irritating cough, chronic sore throat
2. Health Effects
a. Irritating to the lungs, causes emphysema-like conditions
b. One cigarette (joint) of marijuana contains cancer causing substances equivalent
to one-half to one pack of cigarettes
c. Causes the heart to race and be overworked
d. Commonly contaminated with the fungus Aspergillus, which can cause serious
respiratory tract and sinus infections
e. Lowers the body’s immune system
f. Causes changes in brain cells and brain waves
g. The active chemical, tetrahydrocannabinol (THC), and 60 other related chemicals
in marijuana concentrate in the ovaries and testes.
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h. Chronic smoking of marijuana in males caused a decrease in testosterone, and an
increase in estrogen. This can lead to temporary sterility and occasionally breast
development in heavy users.
i. Chronic smoking of marijuana in females causes a decrease in fertility and an
increase in testosterone.
j. Pregnant women who are chronic marijuana smokers have a higher than normal
incidence of stillborn births, early termination of pregnancy, low birth weight, and
higher infant mortality rate during the first few days of life.
3. Mental Function
a. Delayed decision making
b. Diminished concentration and short-term memory
c. Apathy
d. Impaired signal detection, a risk for users who are operating machinery
e. Impaired tracking and visual distance measurements
f. Erratic cognitive function
g. Distortions in time estimation
h. Paranoia
i. Long term negative effects on mental function known as “acute brain syndrome”
which is characterized by disorders in memory, cognitive function, sleep patterns
and physical condition.
4. Workplace Issues
a. THC is stored in body fat and slowly releases over time. Marijuana smoking has a
long-term effect on performance.
b. Smoking one “joint” (cigarette) can impair driving ability for at least 4 to 6 hours.
c. Combining alcohol or other depressant drugs and marijuana can produce a
multiplied effect, increasing the impairing effects of both the depressant and
marijuana.
B. Cocaine
Cocaine is used medically as a local anesthetic. It is abused as a powerful physical
and mental stimulant. The entire central nervous system is energized. Muscles are
tenser, the heart beats faster and stronger, the body burns more energy and the
brain experiences and exhilaration. Cocaine Hydrochloride – “snorting coke” is a
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white to creamy granular of lumpy powder that is chopped into a fine powder before
use. It is snorted into the nose, rubbed on the gums or injected in veins. Cocaine
Base – “rock, crack or free base” is a small crystalline rock about the size of a small
pebble. It boils at a low temperature, is not water soluble, and is up to 90% pure. It
is heated in a glass pipe and the vapor is inhaled.
1. Signs and Symptoms of Use
a. Financial problems
b. Frequent and extended absences
c. Increased physical activity and fatigue
d. Isolation and withdrawal from friends and normal activities
e. Secretive behaviors, frequent non-business visitors, delivered packages, phone
calls
f. Unusual defensiveness, anxiety, agitation
g. Wide mood swings
h. Runny or irritated nose
i. Difficulty in concentration
j. Dilated pupils and visual impairment
k. Restlessness, aggressive behavior
l. Formication (sensation of bugs crawling on skin)
m. High blood pressure, heart palpitations and irregular rhythm
n. Hallucinations
o. Hyper excitability and overreaction to stimulus
p. Insomnia
q. Paranoia
r. Profuse sweating and dry mouth
s. Talkativeness
2. Health Effects
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a. Regular cocaine use may upset the chemical balance of the brain. It may speed up
the aging process by causing irreparable damage to critical nerve cells. Nervous
system illnesses such as Parkinson’s disease could also occur.
b. Use causes the heart to beat faster and harder and rapidly increases blood
pressure. Also causes spasms of blood vessels in the brain and heart. These can
lead to ruptured vessels causing strokes and heart attacks.
c. Strong psychological dependency can occur with one “hit” of crack. Usually mental
dependency occurs within days (crack) or within several months (snorting coke).
Cocaine causes the strongest mental dependency of any known drug.
d. Treatment success rates are lower than for other chemical dependencies.
e. Cocaine is extremely dangerous when taken with depressant drugs. Death due to
overdose is rapid. The fatal effects of an overdose are usually not reversible by
medical intervention.
3. Workplace Issues
a. Extreme mood and energy swings create instability. Sudden noises can cause a
violent reaction.
b. Lapses in attention and ignoring warning signals greatly increase the potential for
accidents.
c. The high cost of cocaine frequently leads to workplace theft and/or dealing.
d. A developing paranoia and withdrawal create unpredictable and sometimes violent
behavior.
e. Work performance is characterized by forgetfulness, absenteeism, tardiness and
missed assignments.
C. Opioids
Opioids are narcotic drugs that alleviate pain, depress body functions and reactions
and, when taken is large doses, cause a strong euphoric feeling. May be taken in
pill form, smoked or injected depending upon the type of narcotic used. Some street
names for opioids include “smack”, “junk”, and “dope”.
1. Signs and Symptoms of Use
a. Mood changes
b. Impaired mental functioning and alertness
c. Impaired vision
d. Constricted pupils
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e. Depression and apathy
f. Impaired coordination
g. Insomnia, fatigue and drowsiness
h. Nausea, vomiting and constipation
2. Health Effects
a. High risk for contracting hepatitis and AIDS due to sharing of needles.
b. Pain tolerance is increased by narcotics. Due to lack of pain sensitivity, people
could more severely injure themselves or fail to seek medical attention after an
accident.
c. Narcotics’ effects are increased when used with other depressant drugs and
alcohol, resulting in an increased risk for an overdose.
3. Workplace Issues
a. Users and abusers are at a higher risk for accidents because of unwanted side
effects such as nausea, vomiting, dizziness, mental clouding and drowsiness.
b. Narcotics have a legitimate medical use in alleviating pain. Workplace use may
cause impairment of physical and mental function.
D. Amphetamines
Amphetamine is a stimulant and an appetite suppressant. It stimulates the central
nervous system (nerves and brain) by increasing the amount of certain chemicals in
the body. This increases heart rate and blood pressure and decreases appetite.
Amphetamine, “speed”, is sold in white, flat double-scored “mini bennies” or
capsules and is taken by mouth. Methamphetamine, “meth”, “crank” or “crystal”, is
nearly identical to amphetamine but in a creamy, white or granular powder. It may
be taken orally, injected or snorted.
1. Signs and Symptoms
a. Dizziness or blurred vision
b. Restlessness or hyper excitability
c. Tremors
d. Rapid breathing
e. Talkativeness
f. Confusion
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g. Hallucinations
h. Panic
i. Aggressiveness
j. Loss of appetite
k. Dilated pupils
l. Profuse sweating
2. Health Effects
a. Regular use causes physical and psychological dependence
b. Withdrawal effects include severe physical and mental depression
c. High doses may cause a toxic psychosis similar to schizophrenia
d. Intoxication may spike blood pressure causing a heart attack or stroke
e. Heart and brain damage may occur as a result of severe constriction of capillary
blood vessels
3. Workplace Issues
a. Use caution when driving, operating machinery, or performing other hazardous
activities.
b. Use may hide symptoms of extreme tiredness
c. Hangover effect is shown by physical fatigue and depression
E. Phencyclidine (PCP)
Phencyclidine (PCP) is classified as a hallucinogen and has many of the same
effects as LSD, but can be more dangerous. PCP was developed as an anesthetic,
but due to its severe side effects of confusion and delirium, its development for
human use was dis- continued. PCP is known for inducing violent behavior and
negative physical reactions such as seizure, coma, and death. It can act as a
hallucinogen, stimulant, depressant, and anesthetic all at the same time. PCP is
available in tablet, liquid, and powder forms and is either ingested orally or smoked
by applying the liquid or powder form to tobacco or marijuana cigarettes.
1. Signs and Symptoms
a. Detached, distant and estranged from surroundings
b. Numbness, slurred speech
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c. Loss of coordination
d. Sense of strength and invulnerability
e. Blank stare, rapid and involuntary eye movements
f. Severe confusion and agitation
g. Severe mood disorders and amnesia
h. Paranoia and violent hostility
i. Muscle rigidity
j. Profuse sweating
k. Convulsions
2. Health Effects
a. Addictive and its use often leads to psychological dependence, craving, and
compulsive phencyclidine-seeking behavior.
b. PCP has sedative effects, and interactions with other central nervous system
depressants, such as alcohol and benzodiazepines, can lead to coma or accidental
overdose.
c. Overdose emergencies and potential for accidents is high because of the extreme
mental effects combined with the sedating effect on the body.
d. Other depressant drugs, including alcohol, increase the probability of an overdose.
e. Primary intoxication last from 4-6 hours, but behavioral abnormalities may last for
as long as several weeks.
3. Workplace Issues
a. This substance causes severe disorientation so it is not usually used in the
workplace setting.
8.17.9 System Contacts
Any person having questions regarding this policy or any aspect of the drug-free and alcohol-
free FMCSA program should contact the following City representative:
Program Manager/Designated
Employer Representative (DER):
DOT Compliance Specialist
Address: Safety, Security & Risk Management
215 North Mason Street
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Fort Collins, CO
Office Phone: (970) 221-6836
Cell Phone: (970) 593-2096
Fax: (970) 221-6296
Back-Up DER: Human Resources Administrative Aide
Address: Human Resources
215 North Mason Street
Fort Collins, CO
Office Phone: (970) 221-6846
Cell Phone: (970) 631-5743
Fax: (970) 221-6296
Medical Review Officer: Contact DOT Compliance Specialist for
current officer
Substance Abuse Professional: Contact DOT Compliance Specialist for
current professional
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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)
Also, all provisions set forth in bold face print are included consistent with requirements
specifically set forth by Federal Transit Administration (FTA) and US Department of
Transportation (DOT) 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.
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. All City of Fort Collins employees subject to this policy must abide by the terms
of this policy statement as a condition of employment. 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.
8.18.2 Proper Application of the Policy
The City of Fort Collins 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, may be
subject to disciplinary action, up to and including termination.
8.18.3 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
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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
mandates 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. Refusal to test constitutes a positive test. 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 all City of Fort Collins transit employees. The City intends to keep
this policy current with the latest relevant federal regulations.
8.18.4 Applicability
A. This policy applies to all City of Fort Collins transit employees. Provisions set forth
in bold face print apply to safety-sensitive 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:
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;
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.
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;
2. Employees operating a non-revenue service vehicle which requires a CDL;
3. Employees that dispatch or that are controlling movement of a revenue service
vehicle;
4. Employees that maintain a revenue service vehicle;
5. Employees that provide security and carry a firearm;
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6. Employees that are supervisors who perform these functions;
7. Non-employee volunteers are exempt, unless a CDL is required or unless the
volunteer receives remuneration in excess of his or her actual expenses incurred
while engaged in the volunteer activity.
D. Safety-Sensitive Job Titles
1. Supervisor, Transit
2. Senior Supervisor, Transit
3. Operator II, Transit
4. Operator I, Transit (includes Lead)
5. Maintenance Helper
6. Mechanic
7. Senior Supervisor, Fleet
8. Worker II, Fleet
9. Bus Fueler
10. Director, Facilities and Fleet
11. Supervisor, Fleet
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:
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.
8.18.5 Prohibited Substances
“Prohibited substances” addressed by this policy under authority of the City include the
following:
1. Illegally Used Controlled Substances or Drugs
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Any illegal drug or substance identified in schedules I through V of Section 202
of the Controlled Substance Act (21 U.S.C. ‘812), and as further defined by 21
CFR 1300.11 through 1300.15.
This includes, but is not limited to: marijuana, amphetamines, opioids,
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 judgment may be adversely
affected must be reported to supervisory personnel and medical advice along with
a release to work statement from a licensed physician must be sought by the
employee, as appropriate, before performing work-related duties.
b. A legally prescribed drug means that individual has a prescription or other written
approval from a physician for the use of a drug in the course of medical treatment.
It must include the patient’s name, the name of the substance, quantity/amount to
be taken, and the period of authorization. The misuse or abuse of legal drugs while
performing transit business is prohibited.
3. Alcohol
The use of beverages or substances containing alcohol including
medication, mouthwash, food, candy, or any substance such that alcohol
is present in the body while performing a safety-sensitive function 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.
8.18.6 Prohibited Conduct
A. Controlled Substances
1. Manufacturing, Trafficking, Possession, and Use
City of Fort Collins policy and federal regulations prohibit all transit system
employees from engaging in the unlawful manufacturing, distribution,
dispensing, possession, or use of prohibited substances in the workplace
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.
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2. 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 in writing of any criminal drug statute conviction for a violation
occurring in the workplace within five calendar days after such conviction.
Failure to comply with this provision may result in disciplinary action, up to and
including termination.
B. 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 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.
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 0.02 or greater. The use of
alcohol concentration in this paragraph is in recognition of the testing device
margin of error and does not constitute authorization or consent for the
employee to have alcohol in his or her body at any time while on duty. 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. Non-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
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authority, his/her employment terminated. Refusal to test constitutes a positive
test and any of the following shall be considered a refusal:
E. Refusal to Test
1. Refusal to take a DOT drug test:
a. Fail to appear for any test (except a pre-employment 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;
b. Fail to remain at the testing site until the testing process is complete;
provided that an employee who leaves the testing site before the testing
process commences for a pre-employment test is not deemed to have
refused the test;
c. Fail to provide a urine specimen for any drug test required by this part or DOT
agency regulations; provided that an employee who does not provide a urine
specimen because he or she has left the testing site before the testing
process commences for a pre- employment test is not deemed to have
refused a test;
d. In the case of a directly observed or monitored collection in a drug test, fail
to permit the observation or monitoring of your provision of a specimen;
e. Fail to provide a sufficient amount of urine when directed, and it has been
determined, through a required medical evaluation, that there was no
adequate medical explanation for the failure;
f. Fail or decline to take an additional drug test the City or collector has directed
you to take;
g. Fail to undergo a medical examination or evaluation, as directed by the MRO
as part of the verification process, or as directed by the DER. In the case of a
pre-employment drug test, the employee is deemed to have refused to test
on this basis only if the pre-employment test is conducted following a
contingent offer of employment. If there was no contingent offer of
employment, the MRO will cancel the test;
h. Fail to cooperate with any part of the testing process (e.g. refuse to empty
pockets when directed by the collector, behave in a confrontational way that
disrupts the collection process, fail to wash hands after being directed to do
so by the collector).
i. For an observed collection, fail to follow the observer’s instructions to raise
your clothing above the waist, lower clothing and underpants, and to turn
around to permit the observer to determine if you have any type of prosthetic
or other device that could be used to interfere with the collection process.
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j. Possess or wear a prosthetic or other device that could be used to interfere
with the collection process.
k. Admit to the collector or MRO that you adulterated or substituted the
specimen.
l. As an employee, if the MRO reports that you have a verified adulterated or
substituted test result, you have refused to take a drug test.
2. Refusal to take an alcohol test:
a. Fail to appear for any test (except a pre-employment test) within a reasonable
time, as determined by the employer, consistent with the applicable DOT
agency regulations, after being directed to do so by the employer. This
includes the failure of an employee to appear for a test when called by a
C/TPA;
b. Fail to remain at the testing site until the testing process is complete;
provided that an employee who leaves the testing site before the testing
process commences for a pre-employment test is not deemed to have
refused the test;
c. Fail to provide an adequate amount of breath for any alcohol test required by
this part or DOT agency regulations; provided an employee who does not
provide an adequate amount of breath because he or she had left the testing
site before the testing process commences for a pre- employment test is not
deemed to have refused to test;
d. Fail to provide a sufficient breath specimen and the physician has
determined, through a required medical evaluation, that there was no
adequate medical explanation for the failure;
e. Fail to undergo a medical examination or evaluation, as directed by the
employer as part of the insufficient breath procedures;
f. Fail to sign the certification at Step 2 of the ATF; or
g. Fail to cooperate with any part of the testing process.
F. 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
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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.
8.18.7 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).
B. 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.
C. The drugs that will be tested for include marijuana, cocaine, opioids,
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.
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
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during the performance of a safety-sensitive function. A safety-sensitive
employee who has a confirmed alcohol concentration of 0.02 or greater 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.
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 immediately, 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 individual’s
Last Chance Agreement.
F. Pursuant to the provisions of 49 CFR Sec. 40.197, if an applicant or employee
receives a negative dilute drug test result, the applicant or employee shall be
directed to take another test immediately with the minimum possible advance
notice that he or she must return to the collection site. If the second test result
is also negative dilute, the test result will be considered verified negative and
the applicant or employee will not be required to take a third test because the
second test result was negative dilute.
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 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.
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.
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8.18.8 Testing Circumstances
A. Employee Requested Testing of Split Sample
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. Regardless of
whether the employee is able to pay for or reimburse the City for the cost of
the testing, the City will ensure that the testing takes place in a timely manner
and the results are released appropriately. The City may collect reimbursement
for the testing costs from the employee by any legal means. 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.
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. A verified negative drug
test result will be required prior to performing any safety- sensitive functions.
Additionally, when a safety-sensitive employee has not performed a safety
sensitive function for 90 consecutive calendar days or more, regardless of the
reason, and the employee has not been in the random selection pool during
that time, the employee shall take a pre- employment drug test. 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
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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.
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:
a. Physical signs and symptoms consistent with prohibited substance use or
alcohol misuse;
b. Evidence of the manufacture, distribution, dispensing, possession, or the use of
controlled substances, drugs, alcohol, or other prohibited substances;
2. Reasonable suspicion referrals must be made by a supervisor or other City
employee who is trained to detect the signs and symptoms of drug and alcohol
use, and who has personally observed the symptoms and reasonably concludes
that an employee may be adversely affected or impaired in his/her work
performance due to possible prohibited substance abuse and /or alcohol misuse.
City employees who are eligible to make reasonable suspicion determinations
and referrals shall complete at least 60 minutes of training on the physical,
behavioral, and performance indicators of probable drug use and at least 60
minutes of training on the physical, behavioral, and performance indicators of
probable alcohol use.
3. Alcohol testing is authorized under this section only if the observations required
in 1 and 2 of this section are made while the employee is performing safety-
sensitive functions, just preceding, or just after the employee has ceased
performing such functions.
4. Upon making a reasonable suspicion determination, the supervisor or another City-
designated representative shall escort the employee to the collection site. The
determining employee may not serve as the screening test technician (STT) or the
breath alcohol technician (BAT).
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
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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:
a. an individual dies; or
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
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.
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 from assisting in the resolution of an
accident and/or have received necessary medical attention following the accident.
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.
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.
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E. Random Testing
Employees in safety-sensitive positions will be subject to random,
unannounced and unpredictable 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 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
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. Return-to-duty tests are required to be
conducted under directly observed conditions.
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
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minimum of six tests to be performed the first year, all as determined by the
SAP. Follow-up tests are required to be conducted under directly observed
conditions. 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.
8.18.9 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, marriage counselor 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.
B. 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
directly observed, return-to-duty 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 be allowed to take
accumulated sick leave and vacation leave to participate in the prescribed
rehabilitation program.
D. Employees who separate employment due to a positive drug /alcohol test result
may seek reemployment only after a 6 month break in employment with the City
and after demonstrating successful completion of the Substance Abuse
Professional evaluation, referral and education/ treatment process as outlined in 49
CFR, of the USDOT regulation. Payment for SAP evaluations and services along
with Return-to-duty and Follow-up testing is the employee’s responsibility
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8.18.10 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:
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;
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;
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;
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;
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;
6. Test result information may be provided to an unemployment service bureau
when the individual’s dismissal was a result of a positive drug or alcohol test;
7. Any 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.
8.18.11 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:
1. A release to work statement from the Substance Abuse Professional;
2. A negative return-to-duty test under directly observed conditions 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;
4. A statement of expected work related behaviors;
5. An agreement to follow specific after-care requirements with the understanding that
violation of the re-entry contract is grounds for termination.
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8.18.12 System Contacts
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, CO
Office Phone: (970) 221-6836
Fax: (970) 221-6285
Medical Review Officer: Contact Transfort/Dial-A-Ride General
Manager for current officer
Substance Abuse
Professional:
Contact Transfort/Dial-A-Ride General
Manager for current officer
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.
8.18.13 Employee Training and Effects of Alcohol
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.
A. 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.
B. Pursuant to the FTA regulations, the following is a discussion of:
1. The effects of alcohol misuse on an individual’s health, work, and personal life;
2. The signs and symptoms of an alcohol problem; and
3. The available methods of intervening when an alcohol problem is suspected.
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C. 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).
D. 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.
2. The estimated cost of alcohol abuse is about $117 billion annually. This figure includes
medical bills, time lost from work, decreased job efficiency and property damage.
E. Effects on Personal Life
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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.
2. Each year in the U.S., over 88,000 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 estimated annual
toll is broken down as follows:
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 accidents.
3. The following are additional social issues related to alcohol:
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 problems 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 segments of
the population.
F. Signs and Symptoms of an Alcohol Problem
1. Alcohol causes both psychological and physical dependence. When a drinker uses
alcohol as an escape from problems and stress and comes to depend on the drug for
relief, psychological dependency is present.
2. When repeated drinking produces tolerance (which is a need to consume more of the
drug to obtain the same effect), and the drinker’s body needs alcohol to function, physical
dependence has developed. Once dependent, many drinkers experience withdrawal
symptoms when they stop drinking.
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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.
4. How a person using alcohol appears/behaves:
a. Poor muscle coordination
b. Dulled mental process
c. Slowed reaction rate
d. Staggering
e. Red eyes
f. Possible constricted pupils
g. Poor or slurred speech
h. Hygiene
i. Lack of social control
j. Sleepy or stuporous condition
k. Loss of inhibitions
l. 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:
a. Absenteeism
b. On-the-job absenteeism
c. Tardiness
d. Accidents
e. Missed deadlines
f. Increased nervousness
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g. Greater irritability
h. Procrastination, delays
i. Red or bleary eyes
j. Erratic productivity
k. Hand tremors
l. Flushed face
m. Poor concentration
n. Undependable
o. Aggressiveness
p. Personal problems
q. Financial problems
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8.19 Acceptance of Service of Process and Notice of Claim; Reporting
of Claims and Preservation of Documents
8.19.1 Acceptance of Service of Process
A. When an individual or the City is served with a summons to appear in court or writ
of garnishment, this action is referred to as “service of process.”
B. In the event that someone is attempting to serve the City organization (as opposed
to a specific individual), the process must be served at the City Clerk’s Office. If a
process server attempts to serve the City at another department, the process server
should be informed that it is the City’s position that service needs to be made on
the City Clerk’s Office. If a process server insists upon simply leaving the document
with some other City employee, that employee should immediately notify the City
Attorney’s Office of the attempted service. The City Attorney’s Office will then be
aware of such attempted service and can make any arguments deemed necessary
or advisable with regard to improper service of document.
C. There may be instances where a process server will need to serve a subpoena or
other document upon a specific City employee. While the City Clerk’s Office is the
proper location to serve the City organization with process, that office may not be
able to accept service of process for an individual City employee. If a process server
attempts to serve a specific person with regard to a lawsuit involving the City or
other City matter, the employee should contact the City Attorney’s Office for
instructions. Laws regarding service of process upon a specific person are very
specific and assistance from the City Attorney’s Office will need to be tailored to the
specific incident.
8.19.2 Acceptance of Notice of Claim
In the event that someone is attempting to serve the City with a notice of claim under
the Colorado Governmental Immunity Act, the person should be informed that it is the
City’s position that the notice needs to be filed with the City Attorney’s Office or the City’s
Safety, Security & Risk Management Department.
8.19.3 Reporting of Claims and Preservation of Documents
Employees are required to report claims and threats of litigation against the City to the
Safety, Security & Risk Management Division pursuant to Sections 7.5 and 7.10 of the
City’s Administrative Policies. Additionally, employees must comply with the document
preservation provisions of Section 7.10 of the Administrative Policies. Failure to comply
with the provisions of the Administrative Policies shall be grounds for disciplinary action.
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8.20 Bulletin Boards and Displays
A. The City provides and maintains bulletin boards and display cases on City property
for the purpose of communicating information to City employees. City management
reserves the exclusive right to determine what information and materials shall be
posted on these bulletin boards and display cases unless the City management
determines that a particular bulletin board or display case shall be designated as a
limited employee forum. Those bulletin boards and display cases specifically
designated by City management as limited employee forums shall permit
employees to place information and items on the bulletin boards and display cases
and shall not be restricted as to content except as set forth in paragraph B of this
section. City management may discontinue the use of a bulletin board or display
case, including those that have been designated as limited employee forums, at
any time, with or without cause.
B. The following items shall not be posted, displayed or deposited on any City bulletin
board or display case intended for communications with City employees:
1. Items that are not within the intended scope of use of a particular bulletin board, display
case, or area for offering of materials;
2. Items that promote illegal activities or transactions;
3. Items that are misleading or deceptive, or constitute a public nuisance;
4. Items that relate to sexual or violent activities or practices, or to any product or service
in a manner that displays or suggests violence or sexuality, or are inappropriate for
minors;
5. Items that relate to or encourage prohibited discriminatory conduct;
6. Items that constitute prohibited political activities as described in these City of Fort
Collins Personnel Policies and Procedures; or
7. Items that are disrespectful, insubordinate, or demeaning to City employees or officials.
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8.21 Employee Membership on Boards, Commissions and Authorities
Employees may not serve as a member of any board, commission, or authority
appointed by City Council, except retirement boards. This restriction shall not apply
to Hourly employees, providing such employees do not serve on a board, commission, or
authority which, in the judgment of the City Manager, directly affects the terms, conditions,
or benefits of employment of any City employee. Hourly employees are required to obtain
the written authorization of the City Manager prior to serving or continuing to serve on a
board, commission or authority.
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8.22 Employee Identification Badges
A. The City of Fort Collins requires the use of ID Badges to enhance City building
security, reduce possible loss of property, and further meet the requirement for
various Federal preparedness assistance (through grants, contracts, etc.). Any
staff member who sees a person without proper identification in an area or space
that is not open to the general public should either offer assistance in directing them
to the appropriate location or notify a supervisor.
B. All employees will be issued the City’s ID Badge upon showing proper personal
identification. ID Badges will be provided by Operations Services. ID Badges must
be worn in a manner that allows identification of the employee by photographic
image, name, position and title to be conspicuous to others. ID Badges must be
worn by all employees while on-duty and:
1. In City buildings,
2. On City grounds,
3. In City vehicles, and/or
4. Interacting with the public.
C. Employees forgetting or misplacing their ID Badge must obtain and wear a
temporary ID Badge from Operation Services. New employees will be provided a
“temporary” ID Badge and be issued a permanent badge as soon as possible.
D. ID Badges are issued for the exclusive use of the named employee and are not to
be loaned to anyone.
E. ID Badges shall be surrendered upon demand. Upon separation of employment,
employees shall turn in their ID Badge to their supervisor who will then notify
Operations Services for deactivation.
F. Employees supervising or authorizing the use of non-public areas of City facilities
or grounds by contractor personnel, vendor personnel, visitors, or guests will
ensure that they have been issued and are displaying City-issued ID Badges or
sign-out badges as required by the City’s Administrative Policies, Section 2.6.
G. This policy does not apply to the public attending City-provided programs [i.e., golf,
cultural & recreational, council & board meetings, and other public meetings] unless
access is to be granted to non-public areas.
H. This policy is not applicable to:
1. Employees while they are acting in an undercover capacity as part of their authorized
duties for the City;
2. Police and Community Service Officers while in uniform;
3. Seasonal variable hourly employees in the Cultural, Parks, and Recreation; or
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4. Employees specifically granted an exception by a Service Area Director when deemed
necessary for valid business reasons.
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8.23 Pet Policy
The City prohibits employees from bringing animals to work or having an animal in City
buildings or facilities with the following two exceptions:
1. Police K9 dogs as authorized by Fort Collins Police Policy and
2. A service animal authorized to come to work with an employee who receives City
permission to do so by requesting an accommodation for a disability as described in
Personnel Policy 7.2.2.
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9 Discipline and Corrective Action
9.1 Discipline and Corrective Action Procedures
All employees are expected to meet the reasonable expectations of their supervisors and
perform satisfactorily at all times. There may be occasions, however, when employees
perform unsatisfactorily, violate a policy, or act inappropriately in the supervisor’s
judgment.
9.1.1 Employees in Classified Positions on Introductory Status or Unclassified
Positions
A. For employees in classified positions on introductory status and employees in
unclassified positions, continued employment is at the mutual consent of the
employee and the City. Accordingly, either the employee or the City may terminate
the employment relationship at will with or without cause at any time and without
following any process of discipline or warnings. Nevertheless, the City may, at its
discretion, use forms of discipline that are less severe than termination in some
cases. Examples of such less severe discipline include but are not limited to:
warnings (oral or written), assigned training, suspension, pay level decrease and
demotion.
B. Although one or more of those steps may be taken, no formal order or system is
necessary. The City may terminate the employment relationship without following
any particular series of steps whenever it determines, in its discretion, that such
action should occur.
9.1.2 Employees in Classified Positions Who Have Completed the Introductory
Period
A. For employees in classified positions who have completed their initial period of
introductory status, employment may be terminated by the City only for “cause” as
defined in the “Separation from Employment” policy in these City of Fort Collins
Personnel Policies and Procedures.
B. Although the City is not required to follow any formal order or system of discipline,
the City may, in its discretion, impose progressively severe discipline. Supervisors
may provide counseling or other notice of problems (orally or in writing) before
taking more severe action such as suspension, demotion or termination of
employment. However, less severe forms of corrective action need not be used
whenever the City deems that circumstances warrant severe action.
9.1.3 Suspension of Exempt Employees
In accordance with the Fair Labor Standards Act, exempt employees will be subject to
disciplinary suspension without pay for the following lengths of time:
1. For one or more full days for a violation of a workplace conduct rule. Workplace conduct
includes by way of example, but is not limited to, sexual harassment, violence, drug or
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alcohol violations, or other violations of state or federal laws. Workplace conduct does
not include job performance or attendance issues.
2. For a partial day or one or more days for a violation of a safety rule of major significance.
3. For a full work week or multiple thereof for any other policy violation, such as for job
performance or attendance issues.
9.1.4 Pre-Decision Hearing Procedure
A. Employees in classified positions who have completed their initial period of
introductory status will be given notice and an opportunity to be heard, in
accordance with the following procedure, prior to the imposition of:
1. A suspension;
2. A demotion;
3. An involuntary transfer to a position in a lower pay grade;
4. An involuntary temporary reduction in hours (a furlough as described in Personnel Policy
3.6.7) of three days or more in any 12 month period if the reduction is being imposed on
less than a functional unit, division, or program-wide basis;
5. An involuntary reduction in FTE as described in Personnel Policy 3.6.7; or
6. Termination of employment.
B. Written Notice
A memorandum by a supervisor to the employee should generally contain the
following types of information:
1. Description of the performance problem, misconduct or reason for recommended action;
2. Related background information, such as previous disciplinary action;
3. Type of discipline or action being considered;
4. Date, time and location of a hearing for the employee’s response to the memo;
5. Notice that the employee may waive the hearing;
6. Notice that the employee may have an attorney or representative at the hearing; and
7. Signature line for the employee to acknowledge receipt of the memorandum.
C. Hearing
Unless waived by the employee, a hearing before the Service Area Director, Service
Unit Director, service area or unit designee or department head will be held to
provide the employee with the opportunity to be heard and present information
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concerning the proposed discipline or action. The employee may have an attorney
or other representative present to provide advice or assistance. The hearing typically
will be tape recorded and facilitated by a Human Resources representative. Other
City representatives, such as supervisors and attorneys, may attend the hearing.
D. Decision Following the Hearing
A decision whether to impose discipline or action and, if so, what type, will be made
after the hearing within a time period determined by the Human Resources
Department. If the employee waived the hearing, the decision will be based upon
the memorandum and employee’s personnel record. The employee will be informed
of the decision in writing. Depending on the decision, the employee may file a
grievance or appeal of the decision in accordance with Section 9.3.4 of these
policies.
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9.2 Administrative Investigations
A. Administrative investigations inquire into and gather information regarding
suspected violations of policy, practice or law, or other instances of suspected
inappropriate conduct, in order to make a determination about what has occurred
and who was involved. Such an investigation may be conducted at the discretion
of the Department Head, Service Unit Director, Service Area Director, the City
Manager or Human Resources Department. The City Attorney’s Office provides
advice as to the procedures for such investigations and the lawfulness of methods
to be used, such as searches, tests or examinations.
B. The persons assigned to conduct administrative investigations may use any lawful
method to determine whether any person has engaged in inappropriate conduct or
a violation of a policy, practice or law, including investigative methods such as
personal interviews, review of documents and other items, arrest or conviction
records, tests and examinations, and other means as appropriate.
9.2.2 Cooperation Is Mandatory
A. Whether or not they are the subject of the investigation, employees are required to
cooperate with any lawful investigation, including the reasonable search of their
person and personal property located on City premises, work sites or facilities. City
offices, desks, lockers, file cabinets, bookshelves, computers, electronic mail,
voicemail, documents, books, equipment, and the contents of those things, at all
times remain City property. Employees should not have any expectation of privacy
in any such things or their contents.
B. Refusal to cooperate with an administrative investigation may lead to disciplinary
action, up to and including termination of employment. Because employees are
required to cooperate as a condition of their continued employment, no statements
made by an employee in an administrative interview can be used against that
employee in any ongoing or subsequent criminal investigation or prosecution.
9.2.3 Representation during Interviews
An employee may be accompanied by an attorney or other representative during an
interview if the attorney or representative is available at the time scheduled by the City
for the interview. The involvement of the attorney or other representative is limited to
advising the employee.
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9.3 Grievance and Appeal Process
Employees in classified positions who have completed their introductory period, and
only those employees, are eligible to use this grievance and appeal process. This process
may only be used to seek review of the events specifically listed below, and may not be
used to challenge performance appraisals, classifications, assignments to training, or any
other actions relating to employment. Employees who wish to challenge events not
covered by this policy or employees who are not eligible to use the grievance and appeal
process may use the issue resolution process described in these City of Fort Collins
Personnel Policies and Procedures. The use of this grievance and appeal process will
serve as the “name clearing” hearing function for the protection of any liberty interests
that may be impacted as a result of the events specifically listed below.
9.3.1 Actions Subject to the Grievance Process
An eligible employee may submit a grievance regarding any of the following actions, or a
portion of any such action, regarding that employee. If the action occurs
simultaneously with an appealable issue, the employee must appeal and not submit a
grievance regarding the action.
1. Written warning or reprimand;
2. Suspension without pay of less than three work days;
3. Involuntary lateral transfer to a different position in the same classification or pay grade
based on unsatisfactory job performance, corrective or disciplinary action;
4. Involuntary temporary reduction in hours (a furlough as described in Section 3.6.7 of
these policies) of three days or more in any 12 month period; or
5. An involuntary reduction in FTE of 25% or less as described in Section 3.6.7 of these
policies.
9.3.2 Actions Subject to the Appeal Process
An eligible employee may appeal any of the following actions, or a portion of any such
action, regarding that employee.
1. Suspension without pay of three work days or more;
2. Demotion;
3. An involuntary reduction in FTE of more than 25% as described in Section 3.6.7 of these
policies.
4. Involuntary transfer to a position in a lower pay grade; or
5. Termination of employment.
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9.3.3 No Retaliation for Use of Grievance or Appeal Process
The City prohibits any form of retaliation against employees for using this grievance or
appeal process. Employees who believe they were retaliated against in violation of this
policy should notify the City Manager in writing or file a complaint via the City’s online
ethics hotline system and appropriate action to investigate and resolve the complaint will
be taken.
9.3.4 How to Initiate a Grievance or Appeal
To initiate a grievance or appeal, the employee must file a timely written complaint which
describes the following in detail:
1. The action which is the subject of the grievance or appeal;
2. The events upon which the action was based including names of persons involved,
dates, times and other important facts;
3. What the employee believes is wrong with the action; and
4. The outcome, remedy or change the employee believes to be appropriate if the
grievance or appeal is upheld.
9.3.5 Grievance Process
A. Within fifteen (15) calendar days after receipt of notice of the action to be imposed,
any eligible employee who wishes to file a grievance must file a written complaint
with the Department Head (or, if the employee chooses, Service Unit Director or
Service Area Director), and must submit a copy to the Chief Human Resources
Officer.
B. Within thirty (30) calendar days after receipt of the written complaint, the
Department Head, Service Unit Director, Service Area Director, or their designee
will present written findings to the employee with a copy to the Chief Human
Resources Officer. The Department Head, Service Unit Director, Service Area
Director, or designee may, at her or his discretion, meet with the employee to
discuss the complaint either before or at the time the written findings are provided
to the employee. During such meeting, the employee who filed the grievance may,
at his or her own expense, have one representative of his or her choice attend such
meeting with the employee to advise the employee. The representative’s role shall
be restricted to that of advisor and not a participant during any step of grievance
process. The City may be represented by legal counsel at such meeting if the
employee’s representative is legal counsel to the employee.
C. Additionally, the Department Head, Service Unit Director, Service Area Director, or
designee may conduct any administrative investigation she or he deems
appropriate prior to making the written findings. The Human Resources Department
may aid in any investigation. The decision of the Department Head, Service Unit
Director, Service Area Director, or designee shall be final.
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9.3.6 Appeal Process
A. Within fifteen (15) calendar days after receipt of the written notice of the imposition
of an action which is subject to the appeal process, any eligible employee who
wishes to appeal must file a written complaint with the Service Area Director and
submit a copy to the Chief Human Resources Officer. However, if the Service Area
Director was involved in the pre-decision hearing and decision, the employee must
proceed to subparagraph C.
B. Within fifteen (15) calendar days after receipt of the written complaint, the Service
Director, or his or her designee, shall present written findings to the employee with
a copy to the Chief Human Resources Officer. The Service Area Director or
designee may, at her or his discretion, meet with the employee to discuss the
complaint either before or at the time the written findings are provided to the
employee.
C. If the employee wishes to appeal the Service Area Director’s decision to the City
Manager, the employee must do so within seven (7) calendar days after receiving
the findings, the employee must describe in writing the reasons for continuing with
the appeal and submit those reasons together with a copy of the original complaint,
and a copy of the findings, to the Chief Human Resources Officer.
D. The Chief Human Resources Officer, or his/her designee, shall schedule a time for
a hearing before a hearing officer designated by the City Manager. The City
Manager shall designate a person other than an officer or employee of the City to
serve as hearing officer. Such a person must be licensed to practice law in the State
of Colorado.
E. The hearing officer shall review all relevant evidence, including but not limited to
written documents and oral testimony, which is offered by the City or the employee.
The hearing officer may also ask questions of the parties and witnesses during the
hearing. The hearing officer shall utilize hearing policies and procedures adopted
by the City Manager. For disciplinary action, the City shall have the burden to prove
cause by a preponderance of the evidence. For non-disciplinary action, the
employee shall have the burden to prove lack of cause by a preponderance of the
evidence. The term “cause” shall be as defined in Section 10.1.2 B. of these
policies.
F. After the hearing, the hearing officer shall make evidentiary findings of fact, based
upon the evidence offered at the hearing, with regard to the events that gave rise
to the action taken. He or she shall also recommend for the City Manager’s
consideration any ultimate conclusions of fact that the hearing officer may deem
appropriate, which shall include, but need not be limited to: (1) whether cause
existed for the action taken; (2) whether the action taken was reasonable and
appropriate in light of the evidentiary findings of fact; and (3) whether the action
taken should be upheld, overturned, or modified. The hearing officer’s evidentiary
findings of fact and recommended ultimate conclusions of fact shall be submitted
to the City Manager within a reasonable period of time after the hearing, with copies
to the employee, the employee’s Service Area Director, the City Attorney’s Office,
and the Chief Human Resources Officer.
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G. The findings and recommendations of the hearing officer shall be reviewed by the
City Manager, or his/her designee, who shall make the final decision. The hearing
officer’s evidentiary findings of fact shall not be set aside by the City Manager
unless they are contrary to the weight of the evidence in the record of the hearing.
The ultimate conclusions of fact shall be the exclusive prerogative of the City
Manager and the hearing officer’s recommended ultimate conclusions of fact may
be accepted, rejected, modified or supplemented by the City Manager as long as
the ultimate conclusions of fact, as determined by the City Manager, are supported
by substantial evidence in the record. The City Manager may remand a matter to
the hearing officer for additional evidentiary findings of fact and/or recommended
ultimate conclusions of fact. The ultimate determination of cause and the level of
action to be imposed will always constitute ultimate conclusions of fact to be
determined by the City Manager. The decision of the City Manager shall be final.
H. For purposes of this policy, evidentiary findings of fact are findings regarding the
historical events that gave rise to the action taken. Ultimate conclusions of fact are
conclusions of law or mixed questions of fact and law that are based on evidentiary
findings of fact and that determine the rights and liabilities of the parties.
9.3.7 Time Limits
A. The Chief Human Resources Officer may, at her or his discretion, waive or extend
any time limit for good reason upon request by any party to the grievance or appeal
or at her or his own initiative. If the Chief Human Resources Officer does not
respond to a request for an extension, the employee should presume that the
request was denied.
B. An employee’s failure to take an action within any time limit (or extended limit) will
terminate the grievance or appeal process. If the supervisor fails to respond within
any time limit (or extended limit), then the employee may proceed to the next step.
C. Where there are no time limits for a particular action, the action should be taken as
quickly as reasonably possible under the circumstances in light of the complexity
and seriousness of the issue raised, and the schedules of the persons involved.
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9.4 Issue Resolution Process
9.4.1 Issues Subject to This Policy
A. This issue resolution process is designed to allow current employees to raise and
seek resolution of concerns about the terms or conditions of their employment, such
as working conditions, oral warnings or counseling, written counseling, work
relationships, performance evaluations, pay, and violation or application of policies
and procedures. Existing employees in any category of employment may use the
issue resolution process, except contractual employees whose employment is
being terminated.
B. Classification issues will be handled exclusively in accordance with the
Compensation Administration Policies and are not subject to the issue resolution
process. Employees who are not eligible to use the grievance and appeal process
may use the issue resolution process to raise any work-related concern, except
contractual employees whose employment is being terminated. Employees who
are eligible to use the grievance and appeal process may only use the issue
resolution process for matters which are not subject to grievance or appeal.
9.4.2 Issue Resolution Process
A. Employees wishing to raise or seek resolution of concerns about issues subject to
this policy should first discuss the matter informally with their supervisors.
Employees may move directly to step two, if they believe that the supervisor cannot
satisfactorily address or resolve the issue.
B. If an issue has not been satisfactorily addressed or resolved after discussion with
the supervisor, the employee should prepare a brief memorandum explaining the
issue and recommending how the issues should be addressed or resolved. The
memorandum should be sent to the Human Resources Department, to the attention
of the Human Resources representative assigned to the employee’s department.
C. The Human Resources representative will forward the matter to the Department
Head (or if the matter involves the Department Head, to the Service Unit Director,
Service Area Director or City Manager). The Human Resources representative then
may act as a facilitator, or assign a facilitator from another department, to assist in
addressing and resolving the issue.
D. The Department Head (or Service Unit Director, Service Area Director or City
Manager), at her or his discretion, may meet with the employee and others to
investigate the issue and may require the employee and others to provide further
information. The Department Head (or Service Unit Director, Service Area Director
or City Manager) will respond to the employee raising the issue orally and/or in
writing.
E. Although there are not formal time limits for raising issues or responding,
employees are expected to raise any issue through this process promptly, and not
later than six months after the issue arose. Likewise, management will respond as
quickly as reasonably possible under the circumstances in light of the complexity
and seriousness of the issue raised.
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9.4.3 Name Clearing Hearing
A. A name clearing hearing provides a forum at which an employee or former
employee, in response to actions by the City which seriously impugn the person’s
reputation and impair the person’s future employment opportunities, can clear his
or her record, name or reputation among the public at large.
B. Such a hearing is intended to protect the person’s constitutionally protected liberty
interest in having a good name, record or reputation. The name clearing hearing
provides the employee or former employee an opportunity to rebut charges or
allegations against him or her for the benefit of the employee’s reputation. The
name clearing hearing shall not serve to provide a right to continued employment,
even if the charges are disproved, or to convince the disciplinary authority or the
city manager that a mistake was made in terminating the employee or in otherwise
making a record of employee misconduct.
C. The grievance and appeal process shall fulfill the name clearing hearing function
for all employees who are eligible for such process.
D. All employees and former employees who have not been eligible to participate in
the grievance and appeal process may request a name clearing hearing if actions
by the City have seriously impugned the person’s reputation and have significantly
impaired the person’s future employment opportunities. Such employee or former
employee may request a name clearing hearing by making a written request to the
city manager not more than ninety (90) calendar days from the date the employee
or former employee learns of the City’s actions. Such hearing shall be held before
the city manager or the city manager’s designee within thirty (30) calendar days
following the person’s request for a name clearing hearing. The format of the
hearing shall be informal in nature and shall be public. The employee or former
employee may call witnesses. No transcript of the hearing shall be required unless
arranged and paid for by the former employee. No decision, comment or
participation by the city manager or disciplinary authority shall be required.
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10 Separation from Employment
10.1 Separation from Employment
10.1.1 Resignation
The City asks that employees give their supervisor and the Human Resources Department at
least two weeks written notice of the intent to leave their positions. In addition, all
employees leaving employment are asked to schedule an exit interview with the Human
Resources Department. Upon receipt by City management, an employee’s resignation
shall not be retractable by the employee regardless of the effective date set forth in the
resignation. In the City’s discretion, the City may permit an employee to retract or modify
a resignation prior to its effective date.
10.1.2 Involuntary Termination of Employment
A. Unclassified and Contractual Positions and Classified Positions during the
Introductory Period:
The employment of employees in unclassified and contract positions can be
terminated by the City at will with or without cause or notice at any time. Similarly, the
employment of new hires into classified positions that have not completed their
period of introductory status can be terminated by the City at will with or without
cause or notice at any time.
B. Classified Positions (after Introductory Period):
The employment of employees in classified positions who have completed their
introductory periods may be terminated only for “cause.” The term “cause” means a
reason for the termination. “Cause” may relate to the individual employee’s conduct
or to the City’s operational needs. Examples of what the City considers cause for
termination include, but are not limited to, any violation of the City Charter, City Code
or other law, unsatisfactory job performance, not following the City’s employment
policies or practices, including policies in these City of Fort Collins Personnel
Policies and Procedures, not appearing for work when expected, or engaging in any
type of misconduct or action inconsistent with the public trust (see Personnel Policy
8.1, Conduct and Performance). In addition, cause for termination may also exist for
reasons not related to job performance, such as operational need, reorganization,
elimination of positions, or staff reduction.
10.1.3 Termination in Case of Operational Need
Situations may occur when the City determines, in its sole discretion, that a reduction or change
in the work force is warranted because of lack of work, budgetary reasons, staff reduction, or
reorganization which result in the dismissal of one or more employees. The following provisions
apply to such terminations:
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1. Given the wide variety of services provided by the City and its complex organizational
structure, and without knowing the future operational needs, it is impossible to predict
any type of order in which employees might be terminated. Accordingly, the City cannot
and does not promise that terminations in case of operational need will be decided on
the basis of seniority, job performance or any other factor. The factors considered, and
the weight given to the factors, will depend on the reasons for the termination and
organizational needs at the time;
2. Any classified employee who has completed the introductory period will be entitled to a
pre-decision hearing prior to termination for operational need and will be entitled to the
appeal process in the event that termination occurs.
3. All terminations pursuant to 10.1.3 are considered full and final separations from
employment. Employees who are terminated are not subject to recall. However,
terminated employees may reapply for employment if positions become available.
Employees terminated based on operational need may be eligible for reinstatement if
the requirements of the Reinstatement Policy of these City of Fort Collins Personnel
Policies and Procedures are met.
4. Employees whose positions are eliminated or who are notified that they will be
terminated may apply for any open positions within the City, either before or after their
separation from employment. Employees have no guarantee of recall or right to transfer,
change their duties, be demoted or reduce their hours in lieu of being terminated.
10.1.4 Severance Pay
The City generally does not provide severance pay, except for accrued but unused vacation
time and compensatory time, and holiday time pursuant to Section 6.4.7 of these
policies, if any. The appropriate circumstances for separation pay and the amount of such
pay are completely at the discretion of the City.
10.1.5 Exit Interviews
Employees who leave City employment are encouraged to participate in an exit interview
through the Human Resources Department. This interview allows employees to express
their views on the work environment and job requirements, operations
10.1.6 Return of City Property
Employees are expected to return to their supervisors all City-furnished uniforms, tools,
I.D. cards, keys, documents, and other equipment and materials on or before the last day
of employment. In the event that an employee does not return City property to the City upon
termination from employment, the City may withhold the replacement cost value of the City
property from the employee’s pay. Additionally, failure to return City property upon
termination of employment may result in legal action against the employee.
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Log #: _____________________
INVESTIGATING SUPERVISOR’S
COLLISION or INJURY REPORT
Date:___________________________ Time of Occurrence:________________________
Location:________________________ Time of Notification:_________________________
Name of Operator Involved:____________________________________
Name of Investigating Supervisor:_______________________________
Weather:________________________ Temperature:______________________________
Lighting:________________________ Road Surface Type:_________________________
Street Description:______________________________________________________________
INJURIES:
PROPERTY DAMAGE
UService Provider Vehicle InvolvedU
Unit#:______________ License#:_____________________
Damage:
UOther Vehicle InvolvedU
Operator Name:________________________ License Plate:___________________
Owner of vehicle:_______________________ Insurance:______________________
Type and Description of vehicle:______________________________________________
Damage:
Police were called Responding Officer:
Police were NOT called
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 UYes Uto any question in (A):
Was operator tested? Y N
(C) If UYesU to any question in (A) and operator was UnotU tested, check why:
□ Operator’s behavior can be
completely discounted as a
contributing factor
(attach documentation for this)
□ Incident does not involve the
operation of a vehicle
Y N
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INVESTIGATING SUPERVISOR’S OBSERVATIONS:
Any hazards identified:
__________________
Investigating Supervisor Signature Date
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guardian or caregiver will be notified and required
to come pick up the customer or to make other
transportation arrangements. If we are unable to make
contact with the guardian or caretaker, the proper
authorities will be notified.
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as provided for under the package section of
this guide
• At public buildings, drivers going beyond the lobby
to find the customer or staff
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Guests are welcome and will be charged the same fare
charged to the customer. Due to limited space, each
customer is allowed one (1) guest per trip. Seating
for more than one (1) guest is on a “space available”
basis when scheduling a trip. Customers must reserve
space for guests (including children) when scheduling
a trip. Only one (1) vehicle dispatched per registered
Dial-A-Ride customer.
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as a “No Show.”
** If a customer has been medically delayed, requests
return service, but the customer is then not
available when the driver arrives, a “no show” will
be assessed.
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is available to pick you up. You must allow at least one
(1) hour between pick up and drop-off time.
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may be designated at the option of the appellant.
The appellant, appellant’s advocate, or other repre-
sentative may make a presentation at the scheduled
hearing. An appeal decision will be made no later than
thirty (30) days after the hearing date and the written
appeal decision shall be mailed to the applicant within
one (1) business day of the decision being made. If
an appeal decision is not made within thirty (30) days
from the date of the hearing, the appellant will receive
presumptive eligibility until such time that a decision
can be made.
If there is any change in the customer or applicant’s
ability to use fixed route transit services in the future, the
customer or applicant may submit a new Application for
ADA Paratransit Services through Dial-A-Ride.
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individual from traveling to a boarding location or
from a disembarking location on such system.”
[Section 37.123 (e) (3) of the ADA regulations].
Two important qualifiers to this category are included
in the regulations. First, environmental conditions
and architectural barriers not under the control of the
public entity do not, when considered alone, confer
eligibility. Inconvenience in using the fixed route bus
system is not a basis for eligibility.
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or promulgated from time to time during the term of this contract. Contractor's failure to so
comply shall constitute a material breach of this contract.
(5) CIVIL RIGHTS REQUIREMENTS
(29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132,
49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.)
Civil Rights - The following requirements apply to the underlying contract:
1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §
12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not
discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the Contractor agrees to
comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
2. Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
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