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HomeMy WebLinkAboutGREEN RIDE CO INC - CONTRACT - RFP - 8291 CONTRACTED FIXED ROUTE TRANSIT SERVICESSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and GREEN RIDE CO, INC., a Colorado Corporation, 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 eleven (11) pages plus Attachments A through W, 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. Contract Period. This Agreement shall commence July 22, 2016, and shall continue in full force and effect until June 21, 2017, 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 four (4) 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. 3. 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. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Green Ride CO, Inc. Attn: Ray Schofield 4825 Earhart Road Loveland, CO 80538 City of Fort Collins Attn: Craig Dubin PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 Services Agreement 8291 Contracted Fixed Route Transit Services Page 1 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 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. 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, in accordance with the attached Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 6. 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. 7. 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. 8. 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. 9. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. Services Agreement 8291 Contracted Fixed Route Transit Services Page 2 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 11. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. Services Agreement 8291 Contracted Fixed Route Transit Services Page 3 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 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 C, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. 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. 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 Services Agreement 8291 Contracted Fixed Route Transit Services Page 4 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 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. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D" - Confidentiality, consisting of one (1) page, and Exhibit “E” – Federal Terms & Conditions, consisting of twenty-five (25) pages, attached hereto and incorporated herein by this reference. Services Agreement 8291 Contracted Fixed Route Transit Services Page 5 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney GREEN RIDE CO, INC. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Services Agreement 8291 Contracted Fixed Route Transit Services Page 6 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Vice President Raymond K. Schofield 7/18/2016 7/18/2016 EXHIBIT A SCOPE OF SERVICES The City of Fort Collins, Transfort Department provides fixed route service to the community. The City is seeking a Service Provider to operate fixed route transit and shuttle operations for two services with options for additional fixed route services as operationally required. The following table summarizes some of the operating characteristics required for the services: Characteristics Gold Route* Foothills Campus Circulator* Hours (In Revenue) 10:30 PM - 2:00 AM 7:00 AM - 6:30 PM Days Fri - Sat Mon - Fri Number of Vehicles 2 1 Frequency 30 minute 60 minute Service Mode Fixed Route Point to Point Shuttle CDL Required CLASS C P2 CLASS C P2 Fare to Collect $1.00 $1.25 *These services are contingent on public stakeholder review and may be adjusted prior to implementation date. Service characteristics are subject to change. Any changes in scope shall be discussed with the awarded provider. CONTRACT REQUIREMENTS – GENERAL The contracted Service Provider will be provided with operating and administration documentation which will be added as attachments to contractual scope of work. The selected Service Provider shall have the following responsibilities for the operation of this service: 1. Provide qualified, competent and courteous staff. 2. Train and monitor staff to City standards. 3. Lease select Transfort vehicles as well as maintain them in good repair. 4. Cooperate with City marketing efforts by allowing advertising materials to be applied to vehicles and distribute rider service information as required. 5. Provide the necessary employee staffing, management and administration to meet the requirements of the contract. 6. Meet with the City on a regularly scheduled basis (monthly) to assess service performance, discuss operational issues and contract adherence. The City may schedule additional meetings as needed. 7. Meet all reporting and investigation requirements. 8. Maintain a suitable facility for vehicle storage, management, supervision, administration, operator-training, operations and vehicle maintenance for the provision of services. Facility shall be within fifteen miles of 100 S. College Ave, Fort Collins, CO. 9. Place appropriate sandwich boards in designated areas on the sidewalk in front of the downtown Gold stop locations. Sandwich boards shall be on display for the duration of the service then removed and safely stored at the end of each service night. 10. The City has the following responsibilities under the contract: Services Agreement 8291 Contracted Fixed Route Transit Services Page 7 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 11. Provide program oversight and direction. 12. Develop and provide all policies for service and ensure that Service Provider develops appropriate procedures to implement these policies. 13. Define service standards and performance criteria. 14. Notify Service Provider of any changes to the schedule or alignment within two weeks of expected service changes. 15. Set fares and fare collection policy. 16. Lease three (3) vehicles, each equipped with a farebox, to Service Provider. OPTIONAL SERVICE As an option to be executed at the discretion of the City, the Service Provider shall provide pricing for additional fixed route and shuttle services to meet additional service demands. In the event this option is executed, the Service Provider will utilize the City-owned vehicles leased under the terms of the awarded contract. Service Provider should also provide pricing for additional service demand utilizing Service Provider-owned vehicles. This option would be executed in the event that the City-owned vehicle capacity did not meet the operational need of the additional service. In the event that the Service Provider is activated to provide additional service for unexpected or urgent situations, the same performance standards shall be in effect as for regular contracted service standards. In these types of events, operational instructions will be relayed through the City. OPERATING STANDARDS Each of the operating standards shall be deemed material. Unless specifically stated otherwise, all operating standards shall apply to any services provided by the Service Provider for the City. A breach of which may result in the City of Fort Collins declaring the Service Provider in default of the contract. The Service Provider shall provide all services in accordance with City Policies and Procedures and in accordance with the following service operating standards: General Transit Service Standards (Gold and Foothills Campus Shuttle) 1. The Service Provider shall ensure that passengers are allowed to board and deboard at all designated bus stops. 2. The Service Provider shall ensure that operators adhere to the prescribed schedule and time-points as listed in the contract. Operators shall not depart time-points prior to the prescribed time. Operators shall arrive at each time-point no later than five minutes after the prescribed time unless delayed by weather, unforeseen traffic conditions or other circumstances beyond their control. 3. Operators and any management personnel shall provide courteous customer service at all times. Rude or inappropriate behavior by Service Provider employees shall not be tolerated. Services Agreement 8291 Contracted Fixed Route Transit Services Page 8 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 4. Service Provider shall supervise operators and monitor their performance. Any operator found to be jeopardizing the safety of any person or violating any traffic law shall be immediately removed from provision of service under the contract. Failure to do so is grounds for immediate cancellation of the contract. 5. Service Provider shall allow any authorized City supervisor witnessing a safety or traffic law violation to remove the operator until a Service Provider supervisor or law enforcement officer is contacted and the situation is rectified. 6. Service Provider will ensure that operators successfully complete all training requirements prior to performing service. 7. Operators and management personnel shall remain professional, uphold all City policies defined in the contract and only offer correct and appropriate information regarding the provision of service. 8. The vehicles provided shall have a 100% smoke-free environment. There shall be no smoking within 20’ of any City vehicle at any time by either passengers or operators whether in revenue service for the City or otherwise. Furthermore, there shall be no smoking on any City facility per City of Fort Collins Ordinance, Chapter 12 Health and Environment, Article III Smoking in Public Areas, Secs. 12- 27 – 12-55. 9. Cell Phone Use: All Service Provider employees who operate a City-owned or Service Provider-owned vehicles within the scope of this contract must adhere to City of Fort Collins (CFC) cell phone use policies: a. CFC: 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: [rev. 1/25/12] i. The vehicle is at rest in a shoulder lane or is lawfully parked. [new 1/25/12] 10. The City reserves the right to inspect vehicles at any time. Any failure to meet standards shall be immediately addressed and remedied by Service Provider. 11. The City reserves the right to conduct service audits at any time without notice. 12. Operators will ensure that no items prohibited by Department of Transportation (DOT) or the City are brought onto the vehicles at any time. 13. Operators will perform all required Americans with Disabilities Act (ADA) stop announcements and route identifications. 14. Operators will allow lift usage upon request per ADA requirements. 15. Operators will assist passengers using wheelchairs or other mobility devices to the securement area if requested and secure at least three (3) securements to the mobility device. 16. Operators will verbally instruct passengers to board, deboard and mount bicycles on bicycle rack upon request. Services Agreement 8291 Contracted Fixed Route Transit Services Page 9 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 17. Deviation from route alignments will only be authorized in the event of road closures, instructions from Transfort management or direction from emergency services personnel. Fixed Route Service (Gold Route) 1. The Service Provider shall provide fixed route service along one route alignment. 2. Two vehicles will operate on the fixed route during the prescribed service hours. 3. In the event that the City requests a service liaison, the Service Provider shall provide one staff member to act as a service liaison in the Downtown pick up area for the duration of service hours on each service day. Point-to-Point Service (Foothills Campus Shuttle) 1. The Service Provider shall provide point-to-point shuttle services along one route corridor. 2. One vehicle will operate on the corridor during the prescribed service hours. However, a second vehicle shall be activated as requested within two hours by Transfort management in order to manage demand. 3. Operators will be required to coordinate either directly or indirectly with Transfort staff via two- way radio for the purposes of relaying transfer and other operational information. PERSONNEL REQUIREMENTS: OPERATOR PRE-HIRE QUALIFICATIONS DMV Record Check The Service Provider shall perform a Department of Motor Vehicles (DMV) records check for all prospective operators prior to, but no more than 30 days before, date of hire. For existing staff, a current DMV record (within the past 365 days) shall be on file. If an operator was, or is, found to be at fault for any incident that would prohibit that operator from maintaining a Commercial Driver License (CDL), whether or not the operator holds a CDL, the operator is no longer eligible to perform duties under the contract. Failure to immediately remove an ineligible operator from driving duties may be considered breach of contract. Criminal History The Service Provider shall perform a criminal history background check on all present and prospective employees who shall be assigned to driving duties under the contract prior to, but not more than 30 days before, date of hire. All operators 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: 1. Any offense that requires registration of a sex offender. 2. Any driving under the influence of drugs or alcohol violation within the past 3 years. 3. Any offense of violence by a person in a position of trust. The Service Provider shall make all criminal background checks for all operators who perform duties under the contract available to the City. Substance Abuse Services Agreement 8291 Contracted Fixed Route Transit Services Page 10 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C The Service Provider is required to abide by the City of Fort Collins Transit Substance Abuse Policies and Procedures in compliance with FTA regulations and 49 CFR 655. The Service Provider shall provide education to safety-sensitive employees, perform all required tests, maintain records and submit reports in compliance with the Substance Abuse policy (49 CFR Part 655). The Service Provider shall also comply with all policy changes when notified of such by Transfort. 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 the contract. 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 meet all requirements of the contract. The City reserves the right to disqualify any operator from performance of service under the contract. OPERATOR TRAINING REQUIREMENTS Training Curricula Service Provider shall maintain a comprehensive training program for all of its employees who provide service under the contract. The training program shall ensure that employees who provide service under the contract are trained in accordance with all municipal, county, state and federal regulations. The comprehensive training program shall include, but not be limited to the following: 1. For Foothills Campus Shuttle only, training shall include a. Current fixed route service for the shuttle, including route configuration, time points, bus stops, transit center pull-in and transfer options. b. Vehicle familiarity (if vehicles other than current Internationals are used) c. Transfort Radio Procedures training 2. Passenger Service and Safety (PASS) certification. 3. Defensive Driving. 4. Substance Abuse, in compliance with 49 CFR Part 655 (minimum of one hour training). 5. Reasonable Suspicion Training for Substance Abuse, in compliance with 49 CFR Part 40. 6. Sexual Harassment, Diversity and Equal Employment Opportunity (EEO). Trainers Trainers of Passenger Service and Safety (PASS) and Defensive Driving 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. Services Agreement 8291 Contracted Fixed Route Transit Services Page 11 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Training Plan 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 is conducted to ensure all new hires of Service Provider receive all required training prior to being placed into revenue service or performing any duties under the contract. Training Records Service Provider shall maintain a training record which notes each operator’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. LICENSE AND FILE REQUIREMENTS Operator Certifications Service Provider shall ensure that each operator possesses and maintains, at a minimum, a valid Class C P2 Colorado Commercial Driver’s License (CDL) with no airbrake restriction, and a valid DOT Medical Card. Driver Qualification File Service Provider is required to maintain a Driver Qualification File, as per Federal Motor Carrier Safety Regulations (FMCSR), for each employee who possesses a Commercial Driver’s License and performs duties under the contract. Service Provider shall conduct annual DMV record checks, as per FMCSR. Service Provider shall provide the City with copies of the DMV checks. Staffing Roster A roster of all operators who will be performing service shall be kept current and all changes provided to the City. FLEET MANAGEMENT The Service Provider is required to: 1. Lease and operate three (3) Transfort International Class C P2, 30’, 27 seat vehicles. 2. Perform preventative and corrective maintenance for all leased vehicles utilized for this service, as per federal regulations at Service Provider’s expense. 3. Ensure that all vehicles used for this service meet city, state and federal compliance requirements and furnish proof of compliance. 4. Maintain proper insurance coverage as required by the City. 5. Provide necessary fuel, spare parts and supplies at the Service Provider’s expense. 6. Provide, maintain and install two-way radios in all vehicles and provide the ability to communicate with liaison. 7. Service Provider is required to maintain an adequate vehicle spare parts inventory so that maintenance issues do not impact service provision. Services Agreement 8291 Contracted Fixed Route Transit Services Page 12 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 8. Request and receive authorization from the City Project Manager or designee when adding or removing vehicles from service under this contact. 9. Ensure all vehicles are maintained in a safe and clean condition, both interior and exterior. At a minimum, vehicle exteriors are to be thoroughly washed no less than twice per week or more frequently if condition warrants cleaning. The City reserves the right to inspect vehicles before or during operation on any day. Any vehicle failing to meet standards shall be immediately brought up to standards or a suitable replacement put into service. Perform vehicle inspections, routine preventive maintenance and timely repairs so as to minimize vehicle down time and ensure safety. Pre-and post-trip inspections shall be performed and tracked as per DOT regulations. 10. Equip each vehicle with an approved fire extinguisher, emergency flashlight, emergency reflective triangles, and emergency seatbelt cutter. 11. Register, license, and insure each vehicle in the State of Colorado and comply with all inspection requirements. 12. Use City vehicles solely for the purpose of the contract unless otherwise authorized by the City. 13. Provide a current roster of all vehicles utilized for City revenue service. The Service Provider shall notify the City of any changes to this roster by the next business day. INVESTIGATION, REPORTING AND RECORDKEEPING REQUIREMENTS Service Provider shall investigate, report and maintain records of the following events: Complaint or Service Feedback This includes any written or verbal communication regarding any aspect of the service provided under this contract, including personnel and vehicles. 1. Service Provider shall ensure that there is no more than one (1) complaint per 1,000 revenue hours performed. 2. Maintain an active and accurate incident log detailing all complaints and service feedback. 3. Submit a weekly complaint report to the Project Manager or designee. 4. The City reserves the right to request information on individual or specific events at any time; Service Provider shall submit requested information within three (3) business days. 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 person or property. 1. The Service Provider shall provide the City with a detailed explanation of its procedures for incident investigation. 2. Maintain an active and accurate incident log detailing all incidents. 3. Submit a weekly incident report to the Project Manager or designee. Services Agreement 8291 Contracted Fixed Route Transit Services Page 13 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 4. The City reserves the right to request information on individual or specific events at any time; Service Provider shall submit requested information within three (3) business days. Collision, Passenger Injury and Incident Reporting Collision: A collision is defined to include any contact between a Service Provider’s vehicle and another moving or stationary object or pedestrian while that operator and/or vehicle is providing service within the scope of this contract. Passenger Injury: A passenger injury is defined to include any time a passenger is hurt or suspected of being hurt while such person(s) is boarding, riding or disembarking Service Provider’s vehicle. General/Bystander Injury: A general/bystander injury is defined to include any time a person who is not a Service Provider employee is hurt or suspected of being hurt by a vehicle operated by the Service Provider while being operated within the scope of this contract. Any serious incidents resulting in injury and/or persons transported immediately from the scene for medical treatment shall be reported verbally to Transfort immediately, as practicably possible (or at the most, within two hours). 1. All collisions and injuries, regardless of the severity, shall be reported verbally to Transfort within two hours of the incident. 2. All collisions and incidents shall be reported to Transfort by contacting Transfort Dispatch at (970) 224-6095. 3. Preliminary investigation findings shall be reported in writing within 24 hours. 4. A full investigation report shall be submitted to Transfort within three (3) business days. 5. All preliminary findings and investigation reports shall be sent via email to the Contract Manager and Transfort Operations Manager. Each investigative report shall be completed on forms provided by the City which contain, at a minimum: a. Date and time b. Location c. Brief description of event d. Name of employee and/or citizen involved e. Name and pertinent contact information of investigator f. Summary of the investigation determination including the findings g. Summary of the resolution of each event Revenues 1. The fare system and structure shall be determined by the City of Fort Collins and administered by the Service Provider per City guidelines. Services Agreement 8291 Contracted Fixed Route Transit Services Page 14 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 2. All trips will require a fare or valid pass. 3. There shall be no solicitation or acceptance of tips by any employee of the Service Provider. 4. Fares shall be collected by the Service Provider, summarized and subtracted from the “amount due” on the monthly invoice to the City. 5. Fares shall be collected via a farebox. 6. Ridership and fares shall be logged at the time of boarding. 7. The Service Provider shall provide the City with a written copy of its administrative procedures to account for fares collected by its operators. 8. The City Auditor(s) may at any time during the contract period change these requirements as he/she deems necessary to ensure adequate controls are in place to protect the interests of the City of Fort Collins. 9. Rates are subject to a fuel adjustment. The fuel adjustment will be based any increases in the cost of vehicle fuel during the term of the contract and subsequent extensions. In the event the cost of diesel or unleaded fuel increases more than $.25 above the current rates of $2.51 per gallon of diesel fuel and/or $2.58 per gallon of regular unleaded fuel, the City of Fort Collins agrees to reimburse Green Ride CO an additional $.50 per revenue hour for every $.25 increase in the cost of fuel. The cost of fuel will be determined using the AAA Daily Fuel Gauge Report for the Colorado Region on the first of each month in the term of the contract and subsequent extensions. This adjustment will be applied to all revenue hours during the month, and will only apply to revenue hours performed by vehicles using the affected fuel type. Monthly Invoice and Summary By the 5th calendar day of each month, the Service Provider shall provide the City with a Service Data Summary and monthly invoice for each component of service for the previous month. The City shall provide the forms for monthly invoices. This shall include but is not limited to the following: 1. Total number of individual trips by type as specified in the contract. 2. Summary of monthly collisions/passenger injuries. 3. Summary of monthly complaints. Except where otherwise defined, the City reserves the right to request that the Service Provider submit additional information when necessary. The City of Fort Collins receives funding to operate the service under grants issued by the state and federal governments. Therefore, the Service Provider shall retain all records required by the contract and also all financial records and data concerning the management and operation of the system for a period of at least three (3) years upon completion of the Agreement. The Service Provider shall furnish the City with such information, statistics, and data as necessary. Services Agreement 8291 Contracted Fixed Route Transit Services Page 15 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C The Service Provider shall not unilaterally implement company policy that directly impacts the system’s operation or is in conflict with the contract with the City without prior discussion and written approval by the Project Manager or designee. ASSESSED CONTRACT PENALTIES LIST AND FEE SCHEDULE In an effort to comply with regulatory requirements and to provide a high level of service, the City has developed the following schedule for the assessment of Contract Penalty (CP). The following rules will apply to the assessment of CP: 1. Assessing Contract Penalties a. Each potential CP will be reviewed on a case by case basis prior to a CP being assessed. As City staff recommends CPs, the Project Manager will review the alleged violations with the processes outlined within the contract and make a final decision on whether or not a CP will be assessed. 2. Amnesty Period a. CPs will be assessed as needed during the first 60 days after the inception of the contract. The appropriate notice will be given of these penalties as outlined in this document. However, in an effort to bring Service Provider in compliance with the expectations of the contract, charges for these penalties will be waived during this 60 day period. 3. Routine Audits and Checks a. The City will conduct random and routine checks of road operations using City staff to monitor service performance. These checks may be conducted by plain clothes or uniformed staff. There will be no limitation on the number of checks the City may conduct. However, there will be a minimum of two random checks in every 60 day period. In the event that City staff decides to interact with the vehicle operator during a random check, City staff will present their ID badge to the vehicle operator to identify themselves as supervisory or monitoring personnel. The vehicle operator must comply with this process. The Project Manager or designee will contact the Service Contract Manager within 48 hours of issuance of any CPs resulting from the random check. Service Provider shall respond within five (5) days of receipt of the notice of assessment of contract penalties. Service Provider shall have an opportunity to demonstrate to the Project Manager that it made all reasonable efforts to comply with its contractual obligations and that its failure to comply was due to circumstances beyond the control of Service Provider or any other person for whom Service Provider is legally or contractually responsible. On the basis of such a demonstration, the Project Manager reserves the right to reduce or waive the contract penalties at issue. 4. Safety and Training a. Records of the operator and personnel qualifications, compliance, safety and training specifically outlined in the contract will be audited randomly and upon request by the Project Manager or designee. At least one hour notice will be given to Service Contract Manager. It should be understood by both parties that state and federal law prohibits the Services Agreement 8291 Contracted Fixed Route Transit Services Page 16 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C sharing of some personnel information, and such information will not be disclosed by Service Provider to the City. 5. Fleet Services a. City Fleet Management will require up to three (3) vehicle reviews by City staff per month. Vehicle must be presented to City fleet services crew within 24 hours of request. In addition, City Fleet Management will coordinate site visits of equipment and records once per year or at such frequency determined by the City. 6. Complaints and Incidents a. In addition to random checks and audits, complaints and incidents will initiate follow up checks and audits for compliance of contractual obligations. 7. Itemized Penalty Schedule a. If multiple contract penalties can be applied to one infraction, only the highest value contract penalty fee will be applied. Road Operations Fee per Violation Failure to complete a DOT Vehicle Inspection (pre-trip or post-trip) $200 Driving in an unsafe/illegal manner $200 Any violation of Federal Motor Carrier Safety Regulations $200 Failure of driver to produce a valid CDL and current DOT Medical Card upon request $100 Failure to produce valid registration and insurance documents on-board the vehicle upon request $100 Driving off route without prior authorization or detour in effect $50 Departing timepoints or transfer points earlier than the posted schedule $50 Refusal to transport passengers who meet Code of Conduct standards and are within capacity $50 Failure to call required ADA Stop Announcements $100 Failure to notify passengers at transfer points of route number and route destination $100 Failure to stop at requested designated bus stops $100 Failure to stop for passengers at designated bus stops $100 Failure to provide and secure a minimum of three (3) securements for mobility device $100 Failure to deploy lift or ramp upon request $75 Charging the customer more than the posted fare $100 Accepting tips $500 Inaccurately counting passenger ridership beyond a 2% margin of error $1,000 Smoking or allowing smoking on bus $250 Services Agreement 8291 Contracted Fixed Route Transit Services Page 17 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Road Operations Fee per Violation Using or allowing open alcohol containers on bus $250 Failure to comply with dress code $25 Use of cell phone, wireless or handheld devices while operating a City vehicle. $50 Failure to assist passengers to board, deboard, mount bicycles on bicycle rack upon request $75 Displaying unprofessional or rude behavior $100 Failure to perform scheduled service $250 Performing service outside scope of work $100 Fleet Services Fee per Violation 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 Services Agreement 8291 Contracted Fixed Route Transit Services Page 18 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C EXHIBIT A SCOPE OF SERVICES ATTACHMENT INDEX 1. Attachment A Emergency Procedures 2. Attachment B FTA Substance Abuse Policy 3. Attachment C FTA Drug / Alcohol Testing 4. Attachment D ID Badge Contractor 5. Attachment E Uniform Policy 6. Attachment F Working with the Public 7. Attachment G Advertising on Vehicles 8. Attachment H Damage Report Minibus 9. Attachment I Fleet Management 10. Attachment J Transfort Vehicle Inspection 11. Attachment K Vehicle Inspection Report 12. Attachment L Complaint Report 13. Attachment M Incident Report 14. Attachment N Incident Log 15. Attachment O Route 33 – Foothills Campus 16. Attachment P Route 33 - Timetable 17. Attachment Q Route 33 – Configuration & ADA Calls 18. Attachment R RT Gold 19. Attachment S Gold Configuration & ADA Calls 20. Attachment T Fare Policy 21. Attachment U Monthly Ridership Report 22. Attachment V Daily Ridership Log 23. Attachment W ADA how to Announce Stops Services Agreement 8291 Contracted Fixed Route Transit Services Page 19 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C EXHIBIT B COMPENSATION Cost – Green Ride will calculate total hours of service rendered and bill the City according to revenue hour per vehicle on a monthly basis. Fares will be retained by Green Ride and subtracted from the monthly invoice *Gold Route Only: Operating leased vehicles: $77.00 per revenue hour Operating Green Ride owned vehicle: $68.00 per revenue hour *Gold Route and Foothills Campus Shuttle: Operating Leased Vehicles: $59.00 per revenue hour Operating Green Ride owned vehicle: $52.00 per revenue hour Service Options *Green Route: $77.00 per revenue hour. Adjusted to $59.00 per revenue hour if Foothills Campus Shuttle also served. *Service on additional routes: Subject to adjustment contingent upon route details: $59.00 per revenue hour *In order to ensure continuity of service and contract sustainability, the above rates are subject to a fuel adjustment. The fuel adjustment will be based any increases in the cost of vehicle fuel during the term of the contract and subsequent extensions. In the event the cost of diesel or unleaded fuel increases more than $.25 above the current rates of $2.51 per gallon of diesel fuel and/or $2.58 per gallon of regular unleaded fuel, the City of Fort Collins agrees to reimburse Green Ride CO an additional $.50 per revenue hour for every $.25 increase in the cost of fuel. The cost of fuel will be determined using the AAA Daily Fuel Gauge Report for the Colorado Region on the first of each month in the term of the contract and subsequent extensions. This adjustment will be applied to all revenue hours during the month, and will only apply to revenue hours performed by vehicles using the affected fuel type. Services Agreement 8291 Contracted Fixed Route Transit Services Page 20 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C EXHIBIT C 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 $5,000,000 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. Services Agreement 8291 Contracted Fixed Route Transit Services Page 21 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C New insurance EXHIBIT D 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. Services Agreement 8291 Contracted Fixed Route Transit Services Page 22 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C EXHIBIT E FEDERAL TRANSIT ADMINISTRATION FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES 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. 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. Services Agreement 8291 Contracted Fixed Route Transit Services Page 23 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 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. Services Agreement 8291 Contracted Fixed Route Transit Services Page 24 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 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. 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) b. Contracts above $100,000/Capital Projects None None unless1 non- competitive award Those imposed on state pass thru to Contractor None Yes, if non- competitive award or if funded thru2 5307/5309/53 11 None None unless non- competitive award None None unless non- competitive award None None unless non- competitive award 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: (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. Services Agreement 8291 Contracted Fixed Route Transit Services Page 26 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C (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. 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 (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 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. TERMINATION (49 U.S.C. Part 18 FTA Circular 4220.1E) a. Termination for Convenience (Professional or Transit Service Contracts) The Purchaser, 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 Purchaser shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. b. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the Purchaser may terminate this contract for default. The Purchaser shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Purchaser. c. Opportunity to Cure (General Provision) The Purchaser in its sole discretion may, in the case of a termination for breach or default, allow the Contractor ten (10) days 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 Services Agreement 8291 Contracted Fixed Route Transit Services Page 27 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C to remedy to Purchaser'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 Purchaser setting forth the nature of said breach or default, Purchaser 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 Purchaser 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 Purchaser elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by Purchaser shall not limit Purchaser's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. 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. 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 Purchaser’s Director of Purchasing. 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 Federal Transportation Administration (FTA). 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 Federal Transportation Administration shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by Purchaser, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Services Agreement 8291 Contracted Fixed Route Transit Services Page 28 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 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 Purchaser 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 Purchaser is located. 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 Purchaser 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. LOBBYING (31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20) 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 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, Services Agreement 8291 Contracted Fixed Route Transit Services Page 29 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 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 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 and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. Services Agreement 8291 Contracted Fixed Route Transit Services Page 30 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C (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. 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. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Clause Language Contract Work Hours and Safety Standards (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The Purchaser shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. Services Agreement 8291 Contracted Fixed Route Transit Services Page 31 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 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 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 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. Services Agreement 8291 Contracted Fixed Route Transit Services Page 32 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C (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. 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. 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. DRUG AND ALCOHOL TESTING (49 U.S.C. §5331, 49 CFR Parts 653 and 654) Drug and Alcohol Testing 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 Services Agreement 8291 Contracted Fixed Route Transit Services Page 33 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. 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: (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 Services Agreement 8291 Contracted Fixed Route Transit Services Page 34 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 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. (d) Special DOL EEO Clause - In addition to the foregoing, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to comply, and assures that each Third Party Participant will comply, with: (a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b) Executive Order 11246, “Equal Employment Opportunity,” as amended by Executive Order 11375, “Amending Executive Order 11246, Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000e note. (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. DISADVANTAGED BUSINESS ENTERPRISE (DBE) (49 CFR Part 26) 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 is 5 %. A contract goal of 0% DBE participation has been established for this procurement. 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. Services Agreement 8291 Contracted Fixed Route Transit Services Page 35 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 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. 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. 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. 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 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. Services Agreement 8291 Contracted Fixed Route Transit Services Page 36 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C EXHIBIT A SCOPE OF SERVICES ATTACHMENT INDEX 24. Attachment A Emergency Procedures 25. Attachment B FTA Substance Abuse Policy 26. Attachment C FTA Drug / Alcohol Testing 27. Attachment D ID Badge Contractor 28. Attachment E Uniform Policy 29. Attachment F Working with the Public 30. Attachment G Advertising on Vehicles 31. Attachment H Damage Report Minibus 32. Attachment I Fleet Management 33. Attachment J Transfort Vehicle Inspection 34. Attachment K Vehicle Inspection Report 35. Attachment L Complaint Report 36. Attachment M Incident Report 37. Attachment N Incident Log 38. Attachment O Route 33 – Foothills Campus 39. Attachment P Route 33 - Timetable 40. Attachment Q Route 33 – Configuration & ADA Calls 41. Attachment R RT Gold 42. Attachment S Gold Configuration & ADA Calls 43. Attachment T Fare Policy 44. Attachment U Monthly Ridership Report 45. Attachment V Daily Ridership Log 46. Attachment W ADA how to Announce Stops Services Agreement 8291 Contracted Fixed Route Transit Services Page 37 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 38 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C This page intentionally left blank. ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 39 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C EMERGENCY PROCEDURES for Rural Transit Drivers Nati onal RTAP is a Federal Transit Administrati on program administered by the Neponset Valley Transportati on Management Associati on www.Nati onalRTAP.org 888-589-6821 Produced by the Nati onal Rural Transit Assistance Program (RTAP) Produced by the Nati onal Rural Transit Assistance Program (RTAP) Learner’s Guide ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 40 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Acknowledgements National RTAP’s Emergency Procedures for Rural Transit Drivers module was fi rst created in 1990 by Ream Lazaro and updated in 2010 to incorporate new industry practices and standards. Th is update and its related products were developed for National RTAP by Nusura, Inc. (www.nusura.com). Project Management Jim Chesnutt jim.chesnutt@nusura.com Gary Gleason gary.gleason@nusura.com Subject Matt er Experti se Gary Gleason Adrian Moy Interacti ve & Multi media Producti on Mark Amann Jim Chesnutt Andrew Hegel Bryan Dahlberg Disclaimer: Reference herein to any specifi c external resources does not imply endorsement by National RTAP. Resources and web links are provided solely for informational purposes and the convenience of the user. National RTAP does not control, review or approve these resources. ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 41 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 1 Table of Contents Introducti on 3 I. Preparedness Vehicle Readiness . . . . . . . . . . . . . . . . 5 Pre-trip Inspection . . . . . . . . . . . . . . . . 5 Emergency Equipment . . . . . . . . . . . . . . 5 En-route Inspection. . . . . . . . . . . . . . . . 6 Post-trip Inspection. . . . . . . . . . . . . . . . 6 Personal Preparedness . . . . . . . . . . . . . . 6 Mental Preparation . . . . . . . . . . . . . . . . 6 Physical and Emotional Conditions. . . . . . . 7 Health Risks . . . . . . . . . . . . . . . . . . . . 7 II. Hazards and Threats Responding to Accidents and Incidents. . . . 10 Acts of Nature . . . . . . . . . . . . . . . . . 11 Hazardous Materials . . . . . . . . . . . . . . 12 Criti cal Infrastructure . . . . . . . . . . . . . 13 Criminal Acti vity . . . . . . . . . . . . . . . . 13 Terrorism . . . . . . . . . . . . . . . . . . . . 13 III. Emergency Procedures The Seven Steps of Crisis Management. . . . 16 Managing Crises a. Accidents and Incidents. . . . . . . . . . . .16 b. Acts of Nature . . . . . . . . . . . . . . . . .24 c. Hazardous Materials . . . . . . . . . . . . .26 d. Critical Infrastructure . . . . . . . . . . . .27 e. Criminal Activity . . . . . . . . . . . . . . .29 f. Terroristic Th reats. . . . . . . . . . . . . . .30 IV. Conclusion 35 V. Appendix Pre-trip Forms. . . . . . . . . . . . . . . . . . 36 Additi onal Resources. . . . . . . . . . . . . . 43 Exercise 1: Proacti ve Steps For Health . . . . . . . 8 Exercise 2: On-board Orientati on . . . . . . . . . . 8 Quiz: Preparedness . . . . . . . . . . . . . . . . . . 9 Case Study 1 — Trespassing . . . . . . . . . . . . 14 Case Study 2 — Intruder Descripti ons. . . . . . . 14 Quiz: Hazards and Threats . . . . . . . . . . . . . 15 Case Study 3 — Accident. . . . . . . . . . . . . . 32 Case Study 4 — Hazmat . . . . . . . . . . . . . . 32 Case Study 5 — Diffi cult/Dangerous Passenger . 33 Quiz: Emergency Procedures. . . . . . . . . . . . 34 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 42 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 2 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 43 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 3 Introduction Th e role of a transit driver in an emergency can be critical to saving lives and protecting property. Because of the nature of the job, drivers are often the fi rst on the scene of accidents and incidents. Th at’s why it is important to be trained in emergency procedures. Th is training, combined with your experience and expertise, will help you remain calm, clearheaded and able to respond eff ectively during emergencies. Here is a recent real-world example from northwest Arkansas, shared by the manager of a small rural transit system: Our staff was recently put to the test when we learned a passenger on board was carrying what looked like a hand grenade and a hand gun tucked away in his waist band. I was able to make contact with the driver by cell phone at a satellite transfer point and the driver played out my ruse of a mechanical prob- lem on the bus perfectly while standing next to the gunman. Th e driver informed the gunman that another bus had been dispatched to com- plete his destination, and other passengers were transferred to a second bus. Our dispatch offi ce was coordinating with the police dispatch center the entire time in order to direct the offi cer to the subject. Th e gunman was standing just outside the bus when a police of- fi cer arrived. Th e driver of the fi rst bus was able to take cover in the second bus as the offi cer was approaching the gunman. Th e offi cer was able to remove the gun as the subject tried to reenter the bus. A scuffl e occurred just outside the bus at which point the subject pulled out a second gun and charged the weapon. Th e offi cer then shot the subject twice in the upper torso. Th e local media is focusing on the safe practices performed by the transit department that put passengers out of harm’s way... I think the credit should go back to the training that mitigated this tragic event from becoming more tragic. As a transit driver you will probably never face an event as extreme as this example, but sadly, there is a chance. However, there is a good chance you will face the risks of extreme weather, erratic drivers and hazardous material spills. Emergency Procedures for Rural Transit Drivers is a training program to help you anticipate, prepare for and respond to emergency situations. As a professional driver, you should be prepared for all emergency situations including: Vehicle collisions (accidents) Passenger falls and illnesses (incidents) Severe weather conditions (acts of nature) Chemical spills inside or outside your vehicle (hazardous materials) Mechanical breakdowns (critical infrastructure) 4 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 45 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 5 Chapter 1 - Preparedness Vehicle Readiness Pre-trip Inspecti on Spot signs of trouble before getting your vehicle out on the road: On the approach, determine if the vehicle is leaning to one side. Th is could indicate a tire with low pressure or a suspension problem. Check for body damage and signs of tampering. Check the exhaust for signs of tampering or attached objects. Check tires for sidewall damage and uneven tread wear. Look for oil and other fl uid leaks, especially under the engine, transmission and drivetrain. Always perform a complete brake check as appropriate for your vehicle. Cycle the wheelchair lift. Confi rm proper raise and lower functionality. Check for fl uid leaks coming from the lift mechanism. To prevent problems that could lead to accidents or injury, no vehicle should be placed in service if any of these key safety items are defective: Windshield (should be free of cracks or defects) Rear view mirrors (should be free of cracks or defects) Windshield wipers Lights: headlights, brake lights, turn signals, hazard fl ashers Horn Tires and wheels Brakes Emergency Equipment Emergency equipment that must be on-board the vehicle includes: First aid kit Biohazard kit Fire extinguisher Th ree emergency triangles Seatbelt cutter within reach of the driver while seated Additional recommended emergency equipment includes: Flashlight (check batteries frequently) Tools including screwdrivers, adjustable wrenches, pliers and other small tools to make minor vehicle repairs as your system policies permit Wheel blocks for securing the vehicle and preventing a rollaway when parked on an incline Additional optional or seasonal emergency items include: Blankets—Useful in all climates, particularly for injury and shock victims. Water — Especially important in arid, dry areas. 6 En-route Inspecti on While you are driving, watch gauges and use your senses (Look, Listen, Smell, Feel) to check for signs of trouble. Looking for trouble Monitor gauges and warning lights (alternator, coolant temperature, oil pressure, air pressure) Loss of electrical power in lights, heater fans or other accessories Evidence of oil or other fl uid leaks Smoke or steam coming from under the dash or hood Listening for trouble Sharp knock when accelerating Light knock when the engine is idling Clicking or tapping (valve noise) Continuous or intermittent squeal (belt noise) Loud exhaust Engine backfi ring, sputtering or missing Steam or hissing from the engine Squealing or grinding sound from the brakes Smelling trouble Fuel odor Burning rubber Burning oil Hot brakes Hot electrical wires Exhaust fumes Feeling trouble Excessive vibration in the engine, steering wheel or transmission Low or high speed shimmy Diffi cult or wandering steering (pulling to the left or right) Pulling to the left or right when braking Post-trip Inspecti on When changing vehicle assignments, relieving another driver in service or at the end of a shift, you should perform another vehicle inspection and complete the appropriate inspection form. Federal Motor Carrier Safety Administration (FMCSA) regulations (Part 396 — Inspection, Repair and Maintenance) state that, “A motor vehicle shall not be operated in such a condition as to likely cause an accident or a breakdown of the vehicle.” Key items to check include: Parking brake is set and secure Transmission is in park or neutral, or left in gear (manual transmission), as appropriate for the type of bus Engine is turned off All passengers have exited the vehicle No passenger’s personal property was left on board All windows and hatches are closed No new signs of damage or vandalism are apparent inside or outside the vehicle Interior and exterior lights and other electrical 7 Physical and Emoti onal Conditi ons Your safety begins with reporting to work rested, calm and in control. To achieve this, maintain a healthy lifestyle that includes exercise, a healthy diet and suffi cient rest. Strive also for a degree of mastery over unnecessary stress. Alcohol in any amount aff ects focus and judgment. Federal law prohibits its use on the job or within four hours before reporting for work. Prescription medication may also diminish your ability to safely operate a vehicle. Possible side eff ects of medication should be discussed with your physician. Several common over-the-counter medications, including cough and cold remedies and antihistamines, can also cause drowsiness which aff ects safety. Health Risks According to the FMCSA, the following have been identifi ed as core risk factors for professional drivers: Smoking—Increases heart disease, lung disease and is a leading risk factor in contracting cancer. Obesity—Increases the risk for cardiovascular diseases, hypertension and diabetes, and can increase problems with arthritis, back and joint pain. Hypertension (high blood pressure)— Increases the risk of heart disease, kidney failure and stroke. While it can be controlled with drugs, weight reduction sometimes eliminates the need for drug therapy. Symptoms may include fatigue, severe headache, chest pain, breathing diffi culty and irregular heartbeat. Depressants and alcohol — Can produce drowsiness, slurred speech, loss of coordination and impaired reaction time. A Brunel University study found that hung-over drivers left their lanes four times as often and committed twice as many traffi c off enses as their sober counterparts. Stimulants, legal and illegal—Elevate blood pressure, can produce restlessness and headaches, and may induce insomnia and irrational behavior such as aggression and hostility. Stress—Increases the incidence of hypertension as well as cardiovascular, gastrointestinal and immune defi ciencies, and is a risk factor in other diseases including depression and obesity. Poor eating habits—Can be one of the most decisive factors in individual health. Lack of physical activity—Can increase the risk of physiological illnesses such as depression, anxiety and stress, as well as physical illnesses such as obesity, heart disease, hypertension and some cancers. ATTACHMENT A Services Agreement 8 Directi ons: After reviewing the physical and emotional conditions that are known to aff ect driving behavior, carefully consider each of the questions below. List the action steps (in short answer or bullet form) you could take under each category, and be prepared to discuss your answers. 1. Fatigue —What proactive steps will you take to be well rested before your shift begins? 2. Stress Management—What proactive steps will you take to live a low-stress lifestyle? Directi ons: You will practice and demonstrate emergency procedures in simulated operating conditions using a bus or paratransit vehicle. Your instructor will be available for discussion, coaching and post-exercise debriefi ng. 1. Identify and locate required emergency equipment on your vehicle. 2. Demonstrate proper operation of all emergency exits—doors, windows and hatches — on each type of vehicle in your fl eet. 3. Demonstrate operation of the wheelchair lift with and without power. 4. Demonstrate use of a seatbelt cutter: receive hands-on practice cutting restraint belt material. Variation 1: simulated practice cutting personal restraint belts, leaving wheelchair- securing belts intact. In this scenario, the person is extracted from the mobility device and moved from the vehicle. Th e mobility device is left behind and the lift is assumed to be non-operational. Variation 2: simulated practice cutting personal restraint and restraint belts so the individual can be evacuated along with the mobility device; the lift is assumed to be operational. 5. Emergency evacuation: hands-on practice using a drag blanket, practicing using the grasping- under-the-armpits drag method, and the two- person-under-the-armpits drag method. Exercise 1: Proacti ve Steps for Health ~ 20 Minutes 3. Health and Nutrition—What proactive steps will you take to live a healthy lifestyle? Exercise 2: On-board Orientati on ~ 60 minutes ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 49 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 9 1. True or False: As a transit driver you are required to report to work fi t for duty. Th is includes appropriate physical, mental and emotional condition. A. True B. False 2. Th e purpose of the pre-trip inspection is to: A. Ensure that every shift starts off smoothly B. Eliminate the threat of terrorism C. Determine what repairs are needed D. Assess the safety of your transit vehicle before putting it into service 3. True or False: Th ere are fi ve basic life safety items that must be on your vehicle: a fi re extinguisher, a fi rst aid kit, a biohazard kit, a seatbelt cutter and three triangle refl ectors. Additional emergency equipment may be recommended in your agency’s policies and procedures. A. True B. False Chapter 1 Quick Quiz: Preparedness 4. What is your most important driver safety tool? A. Fire extinguisher B. Biohazard disposal kit C. Flashlight D. Your brain 5. When conducting a pre-trip inspection you should look for signs of tampering. Th is includes: A. Scratches or marks made by prying tools B. Additional wires leading from the battery C. Items attached to the vehicle, wheel wells or frame with magnets or duct tape D. Missing or unusual light bulbs E. All of the above ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 50 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 10 As a transit driver you face safety hazards and security threats on a daily basis. Th is section identifi es those hazards and threats in each of the six categories: Accidents and Incidents Acts of Nature Hazardous Materials Critical Infrastructure Criminal Activity Terrorism Accidents and Incidents Vehicle accidents and incidents may include any of the following: Passenger slip, trip, bump or fall while boarding, exiting or riding on the vehicle Passenger illness or medical emergency Blood or bodily fl uid spill Vehicle breakdown On-board fi re Vehicle going off -road A collision with another vehicle, bicyclist, pedestrian or fi xed object Injury to the driver, a passenger or other vehicle occupants due to any of the vehicle actions above Preventing accidents is, in large part, adapting to the conditions that allow you to maintain a margin of safety. Th is may include deciding not to drive any farther in unsafe conditions. Vehicle Fires Vehicle fi res can be caused by faulty wiring, engine failure or other factors, and are a prime cause of transit fatalities. Skids and Skid Recovery Tires rolling over snow, ice, water, wet leaves, loose material, extremely hot tar or oily patches can reduce traction and cause skids. Th ere are two types of skids: power skids and braking skids. Chapter 2 — Hazards and Threats Power Skids Braking Skids A power skid occurs as a result of too much acceleration, causing the drive wheels to lose traction and spin free of the road surface. This usually results in fishtailing, with the rear of the vehicle sliding to one side or the other. Braking skids occur when wheels lock up and slide along the surface of the road. This usually happens when braking on wet or slippery surfaces. The vehicle will continue in the direction its momen- tum carries it and will not respond to steering inputs until rolling friction is re-established. Braking skids are particularly hazardous on curves or down grades in ice and snow. Since all four wheels are involved, braking skids can be unpredictable and more difficult to control. ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 51 of 149 11 Darkness Obviously, the main concern when driving in darkness (whether at nighttime or early morning, during dust storms, fog or inclement weather) is reduced visibility. Less obvious is the fact that poor visibility can be made even more challenging by several factors: Visual reaction time diff ers among drivers depending on age, medical conditions and other factors. Th e transit driver and/or other drivers may have reduced ability and concentration because of fatigue. Some drivers don’t turn on their headlights. At night, there may be an increased number of intoxicated drivers on the road. Acts of Nature Acts of nature include a wide range of conditions that aff ect traction, visibility and vehicle stability. Below is a description of the types of acts of nature commonly encountered by transit drivers. Emergency response protocols for the following types of hazards will be covered in the next section, Emergency Procedures. Darkness Rain, snow, sleet and ice Earthquakes Landslide or avalanche Wildfi re Tornado Severe thunderstorms Flooding Hurricanes Strong winds Dust storms Visual reaction time is the time it takes a driver’s night vision to return to normal after being blinded by bright lights. Below are some specifi c causes that make visual recovery time higher for some individuals than for others: Age — recovery time increases as people get older High blood pressure Diabetes Other medical conditions Rain, Snow, Sleet, Fog and lce Th e primary dangers associated with rain, snow, sleet, fog and ice are reduced visibility and reduced traction. Problems can include: Windshields that are fogged, frosted or covered with ice or snow Limited visibility even under good lighting conditions Covered or hidden lane markings that confuse your sense of position on the road Wet leaves and loose gravel on the road Compacted snow and ice Inability of other drivers to handle or adjust to conditions Traffi c obstructions including stalled vehicles, accidents and reduced road clearance from 12 Wildfi re Forest fi res or wildfi res can blaze a wide swath of destruction, reduce visibility and impair air quality. Tornado High winds have the potential to cause fl ying debris, downed trees and/or power lines, and make roadways dangerous or impassable. Tornadoes are often predicted ahead of time allowing the transit system to get vehicles and passengers to locations that can provide shelter. Adequate consideration, time and resources should also be dedicated to meeting the specifi c needs of passengers using mobility devices and durable medical equipment. According to the National Weather Service, the following may indicate a tornado is possible: Dark, sometimes greenish sky A large, dark, low-lying cloud Large hail Loud roar (similar to a freight train) Hurricanes Hurricanes are major storms with damaging winds that can cover a wide area. While the greatest wind damage occurs where the storm is located, drenching rains combined with a storm tide can produce extensive fl ooding far inland. Th is type of fl ooding accounts for the majority of hurricane-related deaths. Earthquakes Earthquakes range from minor tremors that cause little damage to catastrophic events that cause widespread destruction and casualties. A major earthquake can cause bridges and roadways to collapse, widespread power and utility outages, rock and mudslides, and tsunami waves capable of fl ooding low-lying areas up to two miles inland. Hazardous Materials A variety of fl ammable, combustible, explosive and reactive substances are commonly shipped by rail or truck. Th ese Toxic Industrial Chemicals (TICs) are commonly manufactured, stored and transported for use in industry. TICs can be hazardous as carcinogens, corrosives and agents that aff ect the lungs, skin and/ or blood. Th e U.S. Department of Transportation (USDOT) requires that these chemicals be clearly marked with placards that warn about the toxicity of the substance and identify it using a standardized coded numbering system. While you are not expected to be expert at identifying hazardous materials based on reading placards, you do need to know that chemical releases and hazmat incidents can result from truck accidents or train derailments involving transportation of TICs. Sample hazardous materials placards are pictured below. Th e most dangerous materials are Radioactive, followed by Infectious, and then Oxidizer. Naturally, there are also hazardous materials transported on our roadways illegally and therefore may 13 Criti cal Infrastructure Severe storms and natural disasters often result in damage to critical infrastructure. Th is may include: Electric power Landline telephone services Cell phone services Cable TV and internet connections Natural gas lines Municipal water systems Sewage treatment systems Petroleum pipelines Underground storage tanks (used for gasoline and diesel, lubricants, and coolants) Loss of power and loss of communication services have the potential to impact transit service and transit drivers the most — at least initially. In a major disaster, it may take days or even weeks to get critical infrastructure and utilities restored. Criminal Acti vity Criminal activity on, in or near transit facilities can pose a threat to transit employees and customers. Common crimes include: Fare evasion Vandalism Disorderly conduct Th eft of property More serious crimes are less frequent, but can have traumatic impacts on victims and undermine confi dence in the transit system for employees and customers alike. Warning signs of criminal activity in the community and indicators of escalating violence should be observed and reported as a means of crime prevention. Serious crimes that have been perpetrated on transit systems include: Robbery Assault Assault with a weapon Commandeered vehicle Rape Homicide All crimes and indicators of possible criminal activity should be reported to transit system management and law enforcement. Diff erent, Diffi cult and Dangerous Passengers As a driver you will encounter a broad spectrum of people. Some of those people may have very diff erent ideas, values and beliefs than you. This can be a positive part of the job. You are also likely to have some diffi cult passengers. Examples of diffi cult behavior include: verbal abuse, sexual advances, dementia, incontinence, fare refusal, off ensive odors, and seizures and other medical conditions. Be alert if a passenger’s demeanor changes from diff erent and diffi cult to dangerous. If a person will not calm down after reasonable eff orts to problem- solve and communicate with respect, their behavior may escalate and become dangerous. Some warning signs include: Directi ons: You have 10 to 15 minutes to read and discuss your assigned case study and develop strategies for a successful resolution. Your workgroup will then have approximately fi ve minutes to present your case study, off er your preferred solution(s), and discuss the case with your instructor and the entire group. Choose one member of your group to record your responses to the following case studies: List the challenges and problems you would anticipate in each scenario. Develop a list of “action steps” you will need to take in response to the incident. Put the steps in priority order. What resources (responders) will you need at the scene to assist you? Choose one member of your group to make a simulated radio call to the dispatcher to report the incident and request assistance. Case Studies ~20 Minutes Each Today, you are assigned the earliest run scheduled to report at the yard at 5:00 AM. You arrive a few minutes early, check in, and are walking out to the area where the buses are parked. You notice two young men walking away from a row of parked buses and headed in your direction. When they see you they change directions and quickly exit the bus yard. What concerns would you have regarding the presence of the two young men in the bus yard early in the morning? What steps should you take to make sure your vehicle has not been vandalized or tampered with? Should you report this incident? If yes, to whom would you report it and what would you report? What can employees do to improve security at their agency without spending any additional agency funds? Case Study 1 — Trespassing You are about to see a picture of the “two young men” from the previous exercise. Th e picture will be displayed for ten seconds. Working individually, write down all the details you can remember about the two men. You have fi ve minutes to complete this task. Now, working as a team with the other members in your group, develop a single composite description of the two men. Choose one member of your group as the writer and record your descriptions on fl ip chart paper. How were the descriptions from each team similar? Were there any diff erences? After seeing the photo of the two men again, how accurate were the descriptions? Which team developed the most complete and accurate description? What contributed to the most accurate descriptions? What do you think contributed to the less accurate descriptions? Case Study 2 — Intruder Descripti ons 14 ATTACHMENT A 1. True or False: Road conditions are seldom the cause of vehicle accidents. Drivers who fail to adjust to adverse conditions cause most accidents. A. True B. False 2. Visual recovery time refers to: A. How long it takes to clean up and remove damaged equipment following an accident B. How long it takes from when you notice your supervisor until you revert to doing your job correctly C. Th e time it takes a driver’s vision to return to normal after being blinded by a bright light, such as headlights or sunshine D. Th e fact that older adults and people with medical conditions such as high blood pressure and diabetes have a harder time driving at night Chapter 2 Quick Quiz: Hazards & Threats 3. When faced with adverse road conditions that reduce visibility and/or traction, you should: A. Notify dispatch, unload your passengers and call it a day B. Ask fellow drivers what they think the optimal speed is C. Reduce speed, increase following distance and anticipate trouble spots D. Tell your passengers they are going to be late 4. Warning signs that can indicate the diff erence between a diffi cult passenger and a dangerous passenger include: A. Voiced threats or expletives B. Th reatening body posture such as a clenched fi st C. Suggestion or evidence of a weapon D. Known history of violent behavior E. All of the above 5. Warning signs of a toxic release include: A. Abandoned or out-of-place aerosol or manual spray devices B. A cloud, mist, fog, fi ne powder, dust, liquid or oily residue with no explainable source C. Items emitting an unexplainable or pungent odor or vapor D. Two or more people experiencing diffi culty breathing, uncontrollable coughing, collapse, seizure, nausea, blurred vision or disorientation E. All of the above 15 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 56 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Now that you’re familiar with the range of hazards facing transit drivers, it’s time to identify specifi c actions to take in case of an emergency. Whenever you encounter emergency situations, from fender-benders to terrorist attacks, there are seven steps you can take to assess the situation and determine the appropriate actions. Th ese are the Seven Steps of Crisis Management: Th is unit will guide you in using the Seven Steps of Crisis Management when encountering the types of emergencies you are likely to face as a transit driver. Responding to Accidents and Incidents Depending on the severity of the emergency, your response measures will change. But the steps you take should remain the same. Here are some guidelines for how to react calmly after an accident. 1. Protect Yourself Th is is a simple but crucial step. In an emergency, your fi rst thought may be to risk yourself to save others, but risking injuring yourself will only put your passengers at greater risk. Keeping yourself safe ensures that someone is on scene with the skills and training to help others. If you are in danger, take steps to remove yourself from the threat. Once you are sure you are away from immediate danger, focus on your passengers. 2. Assess the Situati on Ensure you are not injured or in immediate danger. Check your location. DO NOT move your vehicle unless: Instructed to do so by law enforcement Leaving the vehicle where it is would expose the passengers to greater danger (for example staying in a busy traffi c lane, near a forest fi re, or on a blind curve) Assess the condition of your passengers. Assess the condition of your vehicle. Ensure that there is no immediate danger from fuel leaks or fi re. Th e fi rst few minutes following an accident are critical. Th e information you gather now will guide how you, your agency and emergency personnel will respond to the situation. 3. Noti fy Dispatcher/Request Aid Whenever you are involved in an emergency, contact the dispatcher as soon as possible. Be ready to provide the following information: Your exact location Th e type of emergency and a brief description of what occurred Th e type of help you will need from police, fi re and EMS responders Whether or not you are blocking traffi c and if the vehicle can be safely moved Th e number of passengers on board the vehicle, the number of wheelchair passengers, and the nature and severity of any injuries, including whether or not you are injured Note: If the situation changes before responders 4. Protect Others If you have not already done so, secure the vehicle by disengaging the transmission, setting the brakes, turning off the engine, and turning on your four-way fl ashers. If there are injuries, provide aid to the extent you are trained and able. Your goal is not to treat but rather to stabilize the injured until emergency medical personnel arrive. In a serious accident it is possible that several people may be injured, some seriously. Triage is a process of prioritizing care for passengers based on the severity of their injuries. It means taking an inventory of who needs attention immediately and who can wait. Remember, you are in charge. Passengers will look to you to provide leadership, calm and instructions. Inform passengers of: Th e nature of the situation How long the delay is expected to last What is being done to respond to or correct the problem Keep passengers on the vehicle unless remaining in place presents a life safety hazard. Considerations may include: Exposure to traffi c or other dangerous conditions Weather conditions Comfort of surrounding area Unless the vehicle is in a place where it may be hit by another vehicle or there is a danger of fi re or exposure to a harmful substance, it is usually safest and most effi cient to have the passengers remain on the vehicle. Th is provides shelter from the elements and keeps passengers in a single, safe space. It also facilitates effi cient communication. Ensure that passengers with disabilities, the elderly, children and other vulnerable people do not become chilled or overheated. Use the bus climate control as needed. Once the immediate situation is resolved, work with the dispatcher to assist the passengers in continuing on to their destinations. If passengers must be transferred to another vehicle: Ensure there is a clear path between the vehicles. Inform your passengers that they are to change vehicles and give specifi c directions. Stand at the door to assist passengers. Off er an apology for the delay. Facilitate exiting and transferring for passengers with mobility devices. If it is dark, use a fl ashlight from the emergency kit or use your vehicle’s headlights to light a path. 5. Secure the Vehicle If your vehicle is disabled on a roadway, protect the passengers and vehicle from further exposure to injury and damage. Th en, follow these guidelines to secure the vehicle and prevent a rollaway. If you decide the safest course of action is to Triangles/Flares Once the vehicle is parked, protect the vehicle with fl ares or triangles. Th e exact placement will depend on the road, traffi c and visibility, but the following general guidelines apply: Two-lane Road: Place one fl are/triangle 100 feet behind the vehicle in the center of the obstructed lane. Place the second fl are/triangle 10 feet behind and to the traffi c side of the vehicle. Place the third fl are/triangle in the obstructed lane 100 feet ahead of the vehicle. Divided Highway: Place one fl are/triangle 200 feet behind the vehicle on the right side of the obstructed lane. Place the second fl are/triangle 100 feet behind the vehicle in the center of the obstructed lane. Place a third fl are/triangle 10 feet behind and to the traffi c side of the vehicle. 100 ft. 100 ft. 10 ft. 100 ft. 10 ft. 200 ft. 100 ft. 100 ft. 10 ft. On a Curve or Hill: Place fl ares/triangles anywhere they will provide adequate warning to oncoming traffi c Remember: Reflective triangles are recommended over flares except in extremely adverse weather conditions. Always point flares away the from the vehicle and your body when lighting and never use them if there is any possibility of a fuel leak in the vicinity. 18 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 59 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C If you must position the vehicle on a hill, remember the following wheel positions for maximum safety: Uphill with curbing: front wheels to the left, secured against the curb. Chock block fi rmly placed behind a rear tire. Uphill without curbing: front wheels to right, chock block fi rmly placed behind a rear tire. Downhill with or without curbing: front wheels to the right. Chock block placed fi rmly in front of a rear tire. 6. Gather Incident Informati on As soon as possible (while you are still on scene), start taking notes. Describe what happened, documenting all the relevant details you can. To make information gathering easier, many transit systems provide report forms or information cards in an accident kit kept inside the vehicles. Ask all passengers and witnesses to complete courtesy cards including their names, phone numbers, email and any other information they can provide. Collect courtesy cards to submit along with your written report. Collect information from other driver(s) including: License plate number(s) of other vehicle(s) involved Make, model and color of other vehicle(s) involved Names, addresses, phone numbers and drivers license number(s) of those involved Names, addresses and phone numbers of any other vehicle occupants Insurance carrier and policy numbers of other driver(s) Collect information from fi rst responders: Name of the ambulance company and hospital to which injured were transported Names, department and badge numbers of responding police offi cer(s) Names, stations and badge numbers of responding fi re offi cer(s) To protect your personal interests and reduce potential liability for your agency, do not talk to anyone about the accident except for the appropriate authorities. Refer media inquiries to agency management or to the public information offi cer. 7. Complete Post-incident Reports When the accident is over and you are safely at the transit facility, quickly and concisely capture all the data you have collected from the incident. Th is information is critical for identifying the events that led to the accident, your response measures, and any possible follow-up that is needed. Th ese reports not only help the agency with possible legal follow-up, but will assist in preventing accidents in the future. In addition to the information gathered above, document details that may be needed for a later investigation or court case, including: Were there any liquor or beer bottles, or signs 2. Assess the Situation—What is the injury or illness? How many people are involved? Do you need outside assistance? Can the victim, or those traveling with the victim, provide helpful information? 3. Notify Dispatcher/Request Aid —Inform dispatch of your exact location and the situation. Communicate your location fi rst in case communications get cut off . 4. Protect Others—Ask healthy passengers to remain seated or to move away from an ill passenger as appropriate. If there is risk of broken bones or spinal damage, DO NOT move the victim until medical assistance arrives. If all injuries are minor, provide aid using the on-board fi rst aid kit. Isolate bodily fl uid spills following the procedures detailed on page 22. 5. Secure the Vehicle—Secure the vehicle as necessary according to steps outlined above. 6. Gather Incident Information—Gather completed passenger comment cards from passengers, injured parties and other witnesses. Take pictures if possible. 7. Complete Post-Incident Reports—Complete an incident report as soon as it is practical. Tips Regarding On-board Illness While there are hundreds of conditions that might cause a passenger to become ill, this section will focus on three common conditions: motion sickness and heart attacks, seizures, and strokes. Moti on Sickness & Heart Att ack Motion sickness is common among vehicle passengers but its symptoms can be confused with those of a heart attack. Th e following indicators can be associated with either motion sickness or heart attack: Nausea Profuse sweating Hyperventilation (dizziness caused by rapid breathing) Paleness Claustrophobia (feeling of being closed in or unable to breathe) Dizziness Additionally, heart attack victims often (but not always) complain of: Pain or pressure in the arms, neck, jaw or chest Often, the person experiencing a heart attack will deny having a problem. It is best to err on the side of caution and request medical attention because of the risk of serious injury or death. Have the passenger sit in the fi rst seat on the right side. Th is helps reduce claustrophobia and other symptoms because the passenger can easily see outside. Have the passenger breathe deeply and slowly. Th is will reduce nausea and prevent the passenger from hyperventilating. Consider opening a window to improve Do not put anything in the person’s mouth or try to hold his/her tongue. What you should do: Keep other passengers away. Remove any hard objects within the passenger’s reach and cushion his/her head. Remove eyeglasses as appropriate. Vomiting may occur during the seizure. If the vomit is not expelled there is a possibility of choking. Turn the individual’s head (and body, if possible) to one side or downward so that any vomit drains away from the mouth. Signs of Possible Stroke Disorientation Diffi culty speaking or slurred speach Loss of movement on one side of the body Loss of consciousness As with any medical emergency, follow the Seven Steps of Crisis Management. Passenger Triage Triage is a process of prioritizing care for passengers based on the severity of their condition. It is a means of taking inventory of who needs attention immediately and who can wait. Just like other emergencies, you can follow the Seven Steps of Crisis Management to assist in triage situations. 1. Protect Yourself — Put on rubber gloves from the fi rst aid kit and avoid direct contact with blood and other bodily fl uids. Take care to ensure that you remain safe and continue to manage emergency operations until fi rst responders arrive on scene. 2. Assess the Situation—Focus on the big picture. Are there other imminent dangers? Can you establish immediate communications with dispatch? What is the number of casualties? Assign willing bystanders to administer aid to others. Focus on the ABC’s of fi rst aid: Airways, Breathing and Circulation. Persons whose airway is blocked or obstructed will need immediate intervention. Individuals whose heart has stopped beating or who are bleeding excessively will need intervention quickly in order to remain viable. A rapid assessment of those with injuries may help you to divide the injured into three categories following the acronym KID: K (killed), I (immediate aid required) and D (delayed treatment possible, also known as “walking wounded”). An accurate triage assessment will help you to focus activities on individuals who can be saved by immediate intervention. 3. Notify Dispatcher/Request Aid — As soon as possible, notify dispatch of your situation. It’s best to immediately notify your dispatcher of your location and to provide a brief (less than 30 seconds) situation description to activate fi rst responders. Tell the dispatcher you will follow up in a few minutes with more Once all of the passengers’ conditions have stabilized your job will be to keep injured passengers as comfortable as possible while waiting for help. Use a blanket or coat to keep the passengers warm and to prevent shock. Loosen restrictive clothing. Do not give passengers food, drink or medication unless medical warning tags instruct to do so. Do not provide fi rst aid, medical treatment or CPR unless you are certifi ed, you have the appropriate equipment, and transit system policy permits it. Reassure the other passengers. Reassure the injured passengers. Regularly check injured or ill passengers’ status, focusing on the rate and quality of their pulse and breathing. Note changes over time to relate to fi rst responders when they arrive on scene. 5. Secure the Vehicle — Secure the vehicle as necessary according to the steps outlined under the Responding to Accidents and Incidents portion of this chapter. 6. Gather Incident Information—Gather all pertinent information from passengers and other witnesses. Ask other passengers to fi ll out courtesy cards and complete all required incident documentation. Take pictures if possible. 7. Complete Post-incident Reports — After the incident, fi ll out an incident report upon the completion of your shift. If a passenger is unconscious, follow the steps above, plus: Ask other passengers if they know what is wrong with the passenger. With gloves on, check the passenger’s wrists and neck for medical warning tags. Follow the directions on the medical warning tags. Administer CPR if necessary and permitted by system policy. Bodily Fluid Spills / Blood-borne Pathogens Bodily fl uids—blood, vomit, urine, excrement and saliva—can transmit blood-borne pathogens such as Hepatitis B, HIV and others. Follow the Seven Steps of Crisis Management and your system’s policy on handling biohazards. In some cases you may be instructed to secure the vehicle, isolate the scene and wait for assistance. Th e following are some guidelines employed by many transit systems: Contact the dispatcher and describe the situation. Request that passengers move away from the spill area. Avoid touching, stepping in or splattering the spill. Locate the biohazard kit on your vehicle. Put on the disposable gloves found in the On-board Fire If you smell something burning and don’t see anything to account for the smell, that something might be your vehicle! Find a safe place to pull off the road as soon as possible. If the smell is accompanied by smoke or fl ame in or outside your vehicle, passengers should be immediately evacuated. Remember, as a transit driver you are not expected to fi ght a fi re. Attempt to use an extinguisher only if all of the following apply: Dispatch and emergency personnel have been contacted. Th e vehicle has been evacuated. Th e fi re is small, contained and not spreading beyond its starting point. Th e exit is clear, there is no imminent peril, and you can extinguish the fi re with your back to the exit. Th e proper extinguisher is immediately at hand. You can stay upwind or low and avoid smoke. Smoke inhalation must be avoided because even a small amount of toxic smoke can render you unconscious. You have been trained and know how to use the fi re extinguisher. Unless all of these conditions have been met, do not attempt to extinguish the fi re yourself. Evacuate the bus, close the doors, but do not lock them, and disconnect the battery through the external battery shut-off access (if the bus is equipped with one and it is safe to do so). Remember: You must report any use of a fi re extinguisher. If you discharge an extinguisher or pull the pin for any reason, it must be recharged or replaced. Evacuati on Procedures In general, passengers are safer and more secure if they remain on the vehicle. Evacuating the vehicle should be a last resort. However, you must evacuate if: A fi re or other condition (leaking fuel) makes the vehicle unsafe. Th e position or location of the vehicle is dangerous and it cannot be moved. Th e driver is instructed to do so by system management, police or rescue personnel. It’s important that you have a clear process once a decision to evacuate is made. Speed and effi ciency are vital, especially if there is the threat of fi re. Assess the condition of escape routes and identify safe areas outside the vehicle. If it is necessary to evacuate through exit windows or roof hatches, identify passengers to assist both inside and outside the vehicle. Assess the condition of passengers to be evacuated and the amount/type of assistance required. Calmly inform passengers what you are going to do. Identify exits to use and a safety zone/ waiting area. Do not cut restraint belts holding the wheelchair in place; it will be left behind. Slide passenger out of his/her seat or wheelchair and onto a drag blanket (if available). Grab the corners of the blanket and drag or carry the person down the aisle and out the door or emergency exit. If a drag blanket is not available, grasp under the passenger’s arms and gently pull him or her to safety. Alternatively, two people can work as a team, one under each arm. When everyone is evacuated and accounted for, remain in a safe location away from the vehicle and other hazards and wait for emergency responders. Acts of Nature Diff erent parts of the country experience diff erent types and frequencies of acts of nature. Review your local emergency management plans. Th is will help you understand your local hazards and threats, as well as the plans in place to respond to them. Earthquakes Earthquakes can cause signifi cant damage to roadways and buildings. Here are some guidelines to survive an earthquake: If you are on a transit vehicle when an earthquake occurs: Ensure that the vehicle is not underneath any structure that could collapse onto it. Pull over and stop in a safe location and wait for tremors to end. Be cautious of downed power lines and compromised buildings. Afterwards, do not operate the transit vehicle over or under any structures (bridges, overpasses) as they could be in danger of collapse. Avoid downed power lines. If indoors, drop, cover and hold on: Find a location under a sturdy desk, doorway or closet that will protect you from falling objects and/or leave a void in the event of a building collapse. Hold on and protect your head and neck. After the shaking stops, evacuate the building and go to open ground. After a major earthquake, transit resources and employees may be needed to support emergency response efforts. This may include facilitating evacuations, transporting casualties, transport- ing emergency response personnel and ferrying equipment or supplies. Check with dispatch for emergency orders. Landslide or Avalanche Landslides, mudslides and avalanches can engulf vehicles or sweep them from roadways. Never stop a transit vehicle in a known avalanche chute. Watch for tilted trees, telephone poles, fences or walls that could indicate an imminent Wildfi res Fire spreads most rapidly uphill and downwind, therefore never operate a vehicle along a roadway above an active wildfi re. Notify dispatch if you see a wildfi re. Discontinue service in impacted areas. Leave active wildfi re areas immediately. Tornadoes Th e least desirable place to be in a tornado is in a motor vehicle. Buses are easily tossed by tornado winds. Do not try to outrun a tornado in a vehicle. If a tornado is seen: Exit and secure the vehicle. Guide passengers to the nearest substantial structure for cover. Avoid windows. If no structure is available, lay fl at in a ditch or low-lying area. Get in the fetal position and protect your head with your arms. Stay away from downed or damaged utility lines. Be alert for low-hanging lines that can strike your vehicle. Assume that all downed lines are hot. Report the location of damaged utility lines to dispatch so they can notify the appropriate authorities. Extra care is required in transit facilities or any building where a large group of people is concentrated in a small area. Inside a building: Move away from windows and glass doorways. Go to the innermost part of the building on the lowest possible fl oor. Do not use elevators because the power may fail, trapping people inside. Make your body as small a target as possible by crouching down or getting into the fetal position and protecting your head. Severe Thunderstorms In addition to making driving conditions treacherous, severe thunderstorms can create a variety of problems including fl ooding, downed trees and power lines, and power outages. If heavy rain accompanies thunderstorms, be alert for fl ooding situations. If a lightning storm is active in the vicinity, stay inside the vehicle or facility and away from windows. Avoid contact with anything that may conduct electricity. Stay away from downed or damaged utility lines. Be alert for low-hanging lines that can strike your vehicle. Assume all downed lines are hot. Report the location of damaged utility lines to dispatch so they can notify the appropriate authorities. Do not drive a vehicle through moving water that may be more than six inches deep. Do not drive a vehicle through standing water if near downed power lines. If a power line falls across the vehicle, keep passengers inside and drive away. Flooding Listen to the radio or dispatch for fl ood Hurricanes Heed high wind and fl oodwater risks presented by hurricanes based on the Flooding guidelines. Dust Storms Dust storms can wreak havoc with visibility. Here are a few guidelines: If dense dust is observed blowing across or approaching, pull your vehicle off the road as far as possible, stop, turn off lights*, set the emergency brake and take your foot off of the brake pedal to be sure that the tail lights are not illuminated. If you can’t pull off the roadway, proceed at a speed that visibility allows, turn on your lights and sound the horn occasionally. Use the painted centerline to help guide you. Look for a safe place to pull off the roadway. Do not stop on the traveled portion of the roadway. *Note: In the past, motorists driving in dust storms have pulled off the roadway and left their lights on. Vehicles approaching from the rear and using the parked car’s lights as a guide have inadvertently left the roadway and in some instances, collided with the parked vehicle. Make sure all of your lights are off if you park off the roadway. Hazardous Materials Chemical releases and Hazmat incidents can result from truck accidents or train derailments involving transportation of TICs. Th is section will examine the emergency response protocols for hazmat incidents including: Toxic Chemical Spills Fuel-related Events Natural Gas As with all other emergencies, drivers should follow the Seven Steps of Crisis Management to help assess and respond to any hazardous material spills or leaks. Following are further specifi c actions to take as part of your response. Toxic Chemical Spills Toxic chemicals can be dangerous if touched or inhaled. Diff erent strategies should be implemented depending on where the spill occurs, and therefore situational assessment is important. If a chemical release occurs outside your vehicle: Shelter in place by staying inside the vehicle. Shut all vehicle windows and turn off all vents and HVAC systems. If the vehicle can be safely moved, drive as far uphill and upwind as possible. Immediately report your location and all events to dispatch and the appropriate authorities. If a chemical release occurs inside a vehicle: If the vehicle is in motion, immediately pull over to a safe location preferably in an area not crowded with people. 26 Decontaminati on Shut off the vehicle. Evacuate passengers to a location a minimum of 1,500 feet away from the vehicle, preferably upwind. Tell bystanders to stay away from the vehicle. When requesting or waiting for assistance, don’t reenter the vehicle. Contact dispatch and emergency response and give the exact location of the vehicle. Provide all available details related to the incident. Fuel-related Events A petroleum-based fl ammable liquid fi re (gasoline or diesel fuel) burns at the surface of the material as the fuel is vaporized by the fi re or ambient heat. Applying water spreads the fl aming liquid over a wider area where it vaporizes more rapidly and intensifi es the fi re. Th e best way to put out this type of fi re is to cut off its air supply or interrupt its chemical reaction. Common smothering agents used for petroleum fi res are carbon dioxide (CO2) and dry chemical powder extinguishers. Both are eff ective for fl ammable liquids but dry chemical powder is better for outdoor use because it is less subject to wind, has a longer range, and can extinguish burning pressurized leaks of gas and liquid. If there is a fuel fi re outside your vehicle: Move the vehicle a safe distance away. Keep the passengers inside the vehicle. Radio dispatch and emergency responders and inform them of the situation. If your vehicle is leaking fuel: Shut off the vehicle. Immediately evacuate passengers and relocate them a safe distance away. Radio dispatch to contact emergency responders and provide your location and information on the situation. Remember: A fuel-related fi re can spread rapidly and is best handled by professionals. Natural Gas Natural gas has a diff erent hazard profi le than liquid fuels such as gasoline or diesel. Two properties that aff ect its hazard profi le and subsequent emergency response are its gaseous state and its storage pressure and temperature. In the case of a natural gas leak or release: Evacuate people and property from the vicinity of the release. 27 Move upwind from any actual or suspected gas leaks or gas releases. Call 911 to alert fi rst responders to the incident. Prevent ignition. If natural gas is or has been released, the scene must be surveyed for ignition sources and ignition sources must be removed or mitigated. Be wary of static electricity. It’s a potential ignition source. Ventilate enclosed areas. Diff erent, Diffi cult and Dangerous Passengers As discussed previously, as a driver you will frequently encounter passengers who are diff erent from you. Some passengers will prove to be diffi cult and a very small percentage may escalate to dangerous behavior. Remain calm when dealing with diffi cult passengers. Avoid arguing and don’t take the other person’s remarks personally. Sensitivity and sincerity can go a long way in defusing confl icts. Some additional potentially helpful strategies include: Assess the passenger and consider: Cognitive disabilities Physical disabilities Language barriers Adolescence Senility Signs and symptoms of drug or alcohol usage Listen to the diffi cult passenger to understand the problem: Focus on the problem, not the passenger. Place no blame and do not make excuses. Repeat your understanding of the problem to the passenger. Encourage the passenger to suggest a solution to the problem. If the solution is workable, consider it. If the solution is unrealistic, suggest alternatives. Engage your dispatcher, supervisor or system management to help resolve the problem. Be friendly and fair, but fi rm, especially on safety-related issues. If a passenger seems to be moving from diffi cult to dangerous, you will need to take extra care. Recommended tactics for dealing with dangerous passengers include: Stay calm and maintain control — do not overreact. Behave in a non-threatening manner, in body language, speech and tone of voice. Try to establish a relationship using empathy. Paraphrase the diffi cult person’s concern to show that you understand it and are concerned about the problem. Discretely try to alert your dispatcher. Use a panic button, if available, or a predetermined radio alert codeword. Do not allow new passengers on board. If you’re driving, let the dangerous person know verbally what you are going to do before you do it. If a weapon is suggested or evident, make no sudden, threatening movements. Do not grab at the weapon. If possible, park the vehicle in a well lit, public place and open the doors. Allow the dangerous person to leave the 29 Be On the Look Out (BOLO) As a transit driver you are the eyes and ears of the community and a fi rst line of defense against crime and terrorism. Be On the Look Out (BOLO) for suspicious people, activities, vehicles, packages and substances. Since you are familiar with your operating area you are in an ideal position to recognize anything that seems out of place. Trust your instincts and report to dispatch anything suspicious or potentially dangerous. BOLO for suspicious people: On your system’s property: In an unauthorized or restricted area Without proper ID, uniform or safety gear Taking photos of equipment or facilities Expressing an unusual level of interest in operations, equipment and personnel Out in the community or riding your bus: Who are pacing, nervous or jumpy Loitering, staring or watching employees and customers Acting in a disorderly manner, alarming or disturbing others Quickly exiting an area or vehicle after abandoning a package Carrying a weapon or suspected of carrying a weapon. Note: Laws governing concealed carried weapons vary from state to state. Criminal Acti vity As part of your transit duties it is possible that you may come into contact with a criminal or witness criminal activities. Using the BOLO method with the Seven Steps of Crisis Management will allow you to handle these situations. Some tips to help you respond to witnessing suspicious people include: Note their physical characteristics: Head — eyes, ears, hair and facial hair, mouth, nose, forehead, cheeks, chin, complexion, jewelry, hat Body — neck, arms, chest, stomach, shirt, thin, medium, or heavy set Legs — slacks, skirt, belt, feet, socks, shoes Appearance — height, weight, gender, neat or sloppy, packages, accessories Unique characteristics — scars, tattoos, birthmarks or other identifying characteristics Note his or her direction of travel, description of their vehicle and license plate. Report your observations to the dispatcher. Violence or Weapons on the Vehicle Stay calm and maintain control. Do not overreact to the situation. Behave in a non-threatening way through both voice and actions. Look for ways to defuse the situation. Look for ways to alert the dispatcher. If possible, park the vehicle in a public place. Open the bus’s doors. Hostage Situati on Steps to avoid or deal with a vehicle being comman- deered include: While approaching pick up/drop off points, survey the area for suspicious people/activities. If suspicious people/activities are present, immediately report your concerns to dispatch and drive the vehicle out of the area. Do not open the doors if a suspicious individual approaches your vehicle while it is stopped. Instead, communicate with the individual through a window until determining the proper action. If a suspicious individual is seen at a railroad crossing, do not open bus doors. Examine the tracks through a window and move on when it is safe to do so. Contact your dispatcher. Avoid allowing individuals suspected of carrying a weapon or a suspicious or dangerous package to board. Contact your dispatcher immediately. If an individual with a concealed weapon is aboard your vehicle, act as if the weapon was not noticed. Do not confront the individual. Stay calm and focused. If possible, notify dispatch using predetermined codes. If your vehicle is commandeered, follow the hijacker’s instructions and avoid confrontation. Remain calm and show no signs of panic. In the event that the vehicle is commandeered while parked, open all the doors and keep them open to allow an opportunity for passengers to exit. If it seems appropriate, ask the perpetrator if passengers can exit. In the event that your vehicle is commandeered while in motion, stay on the route but do not stop at the usual stops. Waiting passengers might alert dispatch. Attempt to alert the authorities but take no action that would increase the risk to you and your passengers. Talk to the hijacker and try to create a relationship. Do not antagonize him/her. Be clear about what you can and cannot do to fulfi ll his/her demands. Some requests may be out of your control. Await emergency response, or if possible, fi nd a way to escape. Terroristi c Threats In today’s world, terrorism dominates news coverage and raises concerns about domestic security. In reality, terrorist attacks are rare events. Nevertheless, it’s important for all transit employees to be aware of the threat of terrorism and alert to possible “warning signs” of a terrorist attack. Alert Codes Some transit systems have a pre-established alert code using bus location, direction and time such as, “Dispatch, this bus 224. Standard While odds say it is a lost and found item, how do you know for sure? Th e HOT system is a useful analytical approach. Is it Hidden? Has there been an apparent attempt to hide or conceal the item? Was the item found in an area inconvenient, out of easy reach or unusual? Was the item abandoned by someone who was seen leaving the area? Is it Obviously suspicious? Does it have: Stains, leaks, oily or powdery residue A strange odor A threatening message attached Visible wires, battery, tanks or bottles A clock, cell phone or timer attached A ticking, buzzing or sloshing sound Is it Typical for the environment? Is it an item you would expect passengers to carry? Does anyone claim ownership of the item? Is there an identifi cation tag on the item? Is it explainable for the time, place and clientele? What to look for — The Seven Signs of Terrorism 1. Surveillance — Someone photographing or monitoring daily activities 2. Obtaining Information — by mail, fax, internet, telephone or in person 3. Running Security Tests — attempts to enter secure or “employees only” areas 4. Acquiring Weapons or Supplies — purchasing or stealing weapons, explosives, chemicals, electrical components, uniforms or IDs 5. Suspicious Persons Out of Place — people who do not seem to belong in the area 6. Conducting a “Dry Run” — rehearsals or test runs of the plan 7. Deploying Assets — moving people, vehicles, weapons or devices into position After using the HOT test do you have a bad feeling about the item? Does your instinct tell you something might be wrong? If so, you should trust your instinct and treat the item as suspicious. Th e recommended response to suspicious packages includes: Do not touch, move or cover the object. Do not use a radio or cell phone in the vicinity if you suspect an explosive. If there is immediate danger, remain calm and evacuate far away from the vehicle or the area. Attempt to isolate and secure the area. Do not reenter your vehicle once you have evacuated everyone. Provide notifi cation through appropriate channels — use a cell phone if the bus radio is no longer available — and give a description of the package or device and its location. Await direction from your dispatcher, :]fl]jnadd] You have three passengers on your bus. One passenger is a middle-aged war veteran who is paralyzed from the waist down. He uses a powered wheelchair. Th e second passenger is an elderly woman who is ambulatory but is hearing impaired. Th e third passenger is a young man with cognitive disabilities. You know from past experience that he gets very upset if his daily routine is interrupted. It is 4:00 PM and the city is experiencing temperatures over 100 degrees. While stopped at a red light, you glance in your rear view mirror and see a car coming up behind you at a high speed. Before you can take action, the car slams into the rear of your bus. Th e impact pushes your bus into the intersection where a second car, with brakes squealing, slides into the right side of your bus. Th is eff ectively blocks the entrance door and the wheelchair lift. In the aftermath of the It’s about 4:00 PM and you have 10 passengers on board. Both your wheelchair positions are occupied. You are moving along the freeway very slowly. Traffi c is bumper-to-bumper due to a heavy snowstorm. Th e roads are very slippery. Train tracks run parallel to this part of the freeway. Th e tracks are built on top of a levee that protects low- lying farmland from the river. A long freight train with a number of tanker cars is moving past the gridlocked traffi c. You hear a strange groaning sound and look ahead to see rail cars coming off the tracks. Th ey pile on one after the other, rolling off the steep slope of the levee and jackknifi ng into a twisted heap of wreckage. Finally, the remaining freight cars come to a stop. You catch your breath, and look in disbelief at the carnage ahead. Smoke is billowing from the wreckage. More ominously, you can see a vapor cloud forming in the low-lying hollow between the freeway and the levee. It appears to be spreading in your direction. collision, you realize that the elderly woman and the young man have been thrown out of their seats and are apparently injured. Elect one member of your group to write down your responses to the following: List the challenges and problems you would anticipate in this accident scenario. Develop a list of action steps you would take in response to the accident. List the steps in order of priority. What resources (responders) will you need at the scene to assist you? Choose one member of your group to make a simulated radio call to the dispatcher to report the accident and request assistance. Elect one member of your group to write down your responses to the following: List the challenges and problems you would anticipate in this accident scenario Develop a list of action steps you would take in response to the accident. List the steps in order of priority. What resources (responders) will you need at You are driving your regular route that serves a senior center, medical facilities and a shopping mall. From time to time you pick up a passenger at a retirement home who causes you some concern. He enters into long diatribes—to no one in particular—about the government, taxes and corruption. He sometimes uses profanities and ethnic slurs. In the past you have asked him to tone it down and be respectful of the other passengers. His response was to continue the inappropriate ramblings, but more quietly to himself. Today, he boards and joins two other passengers, both elderly women. Soon, he starts talking loudly. You ask him politely to lower his voice to which he replies, “Th is is a free country. I can say whatever I want. I know my First Amendment rights!” You remind him again, politely, that if he does not comply with customer conduct rules he could be refused service. Case Study 5 — Diffi cult/Dangerous Passenger 33 He replies by saying, “Oh yeah? Who’s going to refuse me service? You? I also have Second Amendment rights, you know!” You look in the mirror and see him reach into his fanny pack and pull out an automatic pistol. He is cradling it in his lap. You are heading toward the shopping center and are scheduled to be there in about fi ve minutes. Elect one member of your group to record your responses to the following: List the challenges and problems you would anticipate in this scenario. Develop a list of action steps you would take in response to the scenario. Put the steps in order of priority. What resources (responders) will you need to assist you? How will you contact your dispatcher? ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 74 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 1. If you have to clean up vomit or some other bodily fl uid spill, you should: A. Immediately put on the disposable gloves found in the biohazard kit B. Cover the spill area with the disinfectant found in the biohazard kit C. Carefully place contaminated materials in the biohazard bag D. Th oroughly wash hands with soap and hot running water as soon as possible E. All of the above 2. In an emergency situation you may have to evacuate your vehicle. You should evacuate your vehicle only if: A. Instructed to do so by dispatch B. Instructed to do so by your passengers C. Remaining in place presents a greater hazard than leaving the vehicle D. Th e vehicle is lying on its side 3. When dealing with a dangerous passenger: A. Remain calm and controlled B. Tell the passengers what you are going to do before you do it C. If possible, utilize the designated radio code or the panic button to notify dispatch of a potential problem D. If possible, park the vehicle in a well lit public area and open the doors so the dangerous passenger can exit the vehicle E. All of the above Chapter 3 Quick Quiz: Emergency Procedures 4. If you fi nd a package that is emitting strange sounds, smells, liquids or otherwise appears suspicious, you should: A. Grab the package and move it to a nearby dumpster B. Immediately take out your cell phone and notify dispatch C. Try to determine what the device is by picking it up and shaking it D. Calmly evacuate the area and notify dispatch with a description and the location of the package 5. If you observe two or more people outside your vehicle experiencing diffi culty breathing, uncontrollable coughing, collapse, seizure, nausea, blurred vision or disorientation, you should: A. Call police to request assistance B. Immediately evacuate your vehicle C. Try to determine the source and location of the problem so you can solve it D. Shut down the vehicle’s HVAC systems, and if possible, relocate the vehicle uphill and upwind, and report the situation to dispatch 34 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Based on the guidelines in this manual and following the Seven Steps of Crisis Management, transit drivers can calmly and coolly manage any emergency they may face on the road. A professional transit driver is responsible for his/her own life and health, the lives of his/her passengers, the vehicle, and property belonging to the transit agency. Th is is a large responsibility but it is all in the good hands of the properly trained professional transit operator. Additi onal Training to Consider As a professional driver your agency may have already provided training on many of the following topics. Th ey represent core rural transit driver training. Agency/system orientation Human resources policies Drug and alcohol policy Driver operating rules and performance measures Driver health and wellness Vehicle orientation and pre-trip inspection process Defensive driving Seatbelt use Railroad crossing procedures Vehicle rollover prevention Internal and external customer service Passenger assistance and sensitivity training Lift operation, wheelchair handling and securement Emergency procedures and evacuation Accident and incident reporting System security awareness Supervised route and in-service (on-the-job) training NIMS and ICS It is benefi cial that transit employees, as a fi rst responder resource, be certifi ed in the Incident Command System (ICS) and the National Incident Management System (NIMS). Established by the U.S. Department of Homeland Security, NIMS and ICS provide a consistent nationwide approach to managing critical incidents. Th e online independent study courses cover key concepts in emergency management including organizational structure, chain of command, common communication and information management systems. Th ese interactive on-line courses, required for transit drivers, are available at: http://www.training.fema.gov/emiweb/is/is100.asp http://training.fema.gov/emiweb/is/is700a.asp CPR and First Aid Depending on your agency’s policies, your system may provide CPR and fi rst aid training to employees. CPR and fi rst aid training can be useful skills for transit employees in case of emergency. For more information, contact your agency’s human resource supervisor, your local fi re protection district and/or a local community college. You can also look up Red Cross classes at: www.redcross.org. Conclusion Pre-trip Forms — Sample from Wyoming Appendix 36 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 77 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 37 Sample from Texas ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 78 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Sample From Minnesota 38 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 79 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Sample from Utah DOT 39 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 80 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Sample from Utah 40 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 81 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Sample from Utah, conti nued 41 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 82 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Sample from North Carolina 42 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 83 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 43 Additi onal Resources Your state department of transportation, state RTAP programs and our national partners have additional programs and services to assist with safety training and development: AASHTO www.transportation.org Community Transportation Association of America www.ctaa.org National Rural Transit Assistance Program www.NationalRTAP.org National Safety Council www.nsc.org National Transit Institute www.NTIonline.com Project Action http://ProjectAction.easterseals.com State DOTs www.fhwa.dot.gov/webstate.htm Transportation Safety Institute www.tsi.dot.gov West Virginia Spider Project www.transportation.wv.gov/publictransit/safety/Pages/default.aspx Supplementary Reading: Safety Training and Rural Transit (START) Module from Nati onal RTAP START Learner’s Guide: http://portal.nationalrtap.org/iframe/getfi le.aspx?id=184 START Instructor’s Guide: http://portal.nationalrtap.org/iframe/getfi le.aspx?id=171 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 84 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 44 Notes _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 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_______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 87 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 80 City of Fort Collins Personnel Policies and Procedures Revised: September 1, 2015 Section 8 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 50, as amended. Provisions set forth in the Drug-Free Workplace Act (CFR Part 29) are delineated in italics. All other provisions are set forth under the authority of the transit system. [rev. 12/3/14] 8.18.1 Policy City of Fort Collins Transfort/Dial-A-Ride and Fleet Services Divisions are dedicated to providing safe, dependable, and economical transportation services to our transit passengers. City of Fort Collins transit employees (for the purposes of this Policy, the term “transit employees” includes employees of the Transfort/Dial-A-Ride Division and the Fleet Services Division) are our most valuable resource and it is our goal to provide a healthy, satisfying working environment which promotes personal opportunities for growth. 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: [rev. 12/3/14] 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. 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 solely under the authority of the transit system. [rev. 10/23/12] Services Agreement 8291 Contracted Fixed Route Transit Services Page 88 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C City of Fort Collins Personnel Policies and Procedures Revised: September 1, 2015 Section 8 81 8.18.2 Proper Application of the Policy [new 12/3/14] 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. [new 12/3/14] 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 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. [rev. 12/4/14] 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. [10/23/12] B. The FTA identifies safety-sensitive employees’ functions as follows: [rev. 10/14/05] 1. Operating revenue service vehicles in or out of service; 2. Dispatch or controlling movement of a revenue service vehicle; 3. Maintaining a revenue service vehicle; [rev. 10/23/12] 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 oper- ated by a holder of a Commercial Driver’s License. [rev. 10/14/05] Services Agreement 8291 Contracted Fixed Route Transit Services Page 89 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 82 City of Fort Collins Personnel Policies and Procedures Revised: September 1, 2015 Section 8 C. A list of the City of Fort Collins transit positions (including Fleet Services positions) that have been identified as safety sensitive is as follows: 1. Employees operating a revenue service vehicle in or out of service; [rev. 6/1/05] 2. Employees operating a non-revenue service vehicle which requires a CDL; [rev. 6/1/05] 3. Employees that dispatch or that are controlling movement of a rev- enue service vehicle; [rev. 6/1/05] 4. Employees that maintain a revenue service vehicle; [rev. 6/1/05] 5. Employees that provide security and carry a firearm; [rev. 6/1/05] 6. Employees that are supervisors who perform these functions; [rev. 6/1/05] 7. Non-employee volunteers are exempt, unless a CDL is required or unless the volunteer receives remuneration in excess of his or her actual expenses incurred while engaged in the volunteer activity. [rev. 10/14/05] D. Safety-Sensitive Job Titles 1. Road Supervisor [rev. 6/6/12] 2. Operations Manager [rev. 2/27/13] 3. Dispatcher/Scheduler (includes Lead) [rev. 6/6/12] 4. Bus Operator [rev. 6/1/05] 5. Maintenance Helper [new 3/21/07] 6. Mechanic (includes Lead and Trainee) [rev. 3/21/07] 7. Shop Supervisor [rev. 6/6/12] 8. Equipment Maintenance Worker [rev. 3/21/07] 9. Safety, Security, Training Manager [rev. 2/27/13] 10. Bus Fueler [new 6/1/05] 11. Operations Services Director [rev. 6/6/12] 12. Fleet Specialist [new 3/4/09] 13. Dispatch/Scheduler Supervisor [new 2/27/13] 14. Field/Training Coordinator [new 10/10/13] E. This policy applies to all City of Fort Collins transit employees who perform safety-sensitive functions anytime they are on duty and are Services Agreement 8291 Contracted Fixed Route Transit Services Page 90 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C City of Fort Collins Personnel Policies and Procedures Revised: September 1, 2015 Section 8 83 regulated by City of Fort Collins Policy. This includes: [rev. 6/1/05] 1. Full-time employees. 2. Paid part-time employees. 3. Contract employees when they are on transit property or when performing any transit-related safety-sensitive business. F. The City shall analyze the job duties of any newly created transit positions to determine whether or not the new position is safety-sensitive, and therefore subject to this policy. [new 9/4/02] 8.18.5 Prohibited Substances “Prohibited substances” addressed by this policy under authority of the City include the following: 1. Illegally Used Controlled Substances Or Drugs Any illegal drug 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, opiates, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. 2. Legal Drugs a. The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or 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. [rev. 10/23/12] 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 Services Agreement 8291 Contracted Fixed Route Transit Services Page 91 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 84 City of Fort Collins Personnel Policies and Procedures Revised: September 1, 2015 Section 8 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. [rev. 10/23/12] 8.18.6 Prohibited Conduct A. Controlled Substances [new 12/3/14] 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. [rev. 10/23/12] 2. Notifying the Transit System of Criminal Drug Conviction [new 12/3/14] 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. [rev. 6/1/05] C. Alcohol Use No employee shall report for duty or remain on duty when his/her ability to perform assigned safety-sensitive functions is adversely affected by alcohol or when his/her breath alcohol concentration is 0.02 or greater. The use of alcohol concentration in this paragraph is in recognition of Services Agreement 8291 Contracted Fixed Route Transit Services Page 92 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C City of Fort Collins Personnel Policies and Procedures Revised: September 1, 2015 Section 8 85 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. [rev. 1/18/11] 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 authority, his/her employment terminated. Refusal to test constitutes a positive test and any of the following shall be considered a refusal: [rev. 12/3/14] E. Refusal to Test [new 12/3/14] 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; Services Agreement 8291 Contracted Fixed Route Transit Services Page 93 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 86 City of Fort Collins Personnel Policies and Procedures Revised: September 1, 2015 Section 8 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. j. Possess or wear a prosthetic or other device that could be used to interfere with the collection process. k. i. Admit to the collector or MRO that you adulterated or substituted the specimen. ii. 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 Services Agreement 8291 Contracted Fixed Route Transit Services Page 94 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C City of Fort Collins Personnel Policies and Procedures Revised: September 1, 2015 Section 8 87 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 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). [rev.9/4/02] Services Agreement 8291 Contracted Fixed Route Transit Services Page 95 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 88 City of Fort Collins Personnel Policies and Procedures Revised: September 1, 2015 Section 8 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. [rev. 6/1/05] C. The drugs that will be tested for include marijuana, cocaine, opiates, amphetamines, and phencyclidine. An initial drug screen will be conducted on each urine specimen. For those specimens that are not negative, a confirmation Gas Chromatography/Mass Spectrometry (GC/ MS) test will be performed. The test will be considered positive if the amounts present are above the minimum thresholds established in 49 CFR Part 40.87, as amended. In the event there is reason to believe an employee is abusing a substance other than the five drugs listed above, the City of Fort Collins reserves the right to test for additional drugs under the transit system’s own authority for safety-sensitive employees using standard laboratory testing protocols. Drug testing may be performed while an employee is on duty regardless of when a safety-sensitive function is or has been performed. [rev. 12/3/14] D. Tests for breath alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA) approved evidential breath testing device (EBT) operated by a trained breath alcohol technician (BAT). The BAT will complete a Federal Breath Alcohol Testing form and ensure that it is signed by the donor. If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. Alcohol testing will be performed just prior to, just after, or during the performance of a safety-sensitive function. A safety-sensitive employee who has a confirmed alcohol concentration of 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. [rev. 10/23/12] 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 Services Agreement 8291 Contracted Fixed Route Transit Services Page 96 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C City of Fort Collins Personnel Policies and Procedures Revised: September 1, 2015 Section 8 89 including termination consistent with the City’s discipline code and provisions set forth in an individual’s Last Chance Agreement. [rev. 10/23/12] F. Pursuant to the provisions of 49 CFR Sec. 40.197, if an applicant or employee receives a negative dilute drug test result, the applicant or employee shall be directed to take another test immediately with the minimum possible advance notice that he or she must return to the collection site. If the second test result is also negative dilute, the test result will be considered verified negative and the applicant or employee will not be required to take a third test because the second test result was negative dilute. [new 6/1/05] G. The transit system affirms the need to protect individual dignity, privacy, and confidentiality throughout the testing process. H. The Medical Review Officer (MRO) is responsible for reviewing and interpreting confirmed positive test results and plays a very important role in assuring the accuracy and validity of test results. The MRO shall be a licensed physician with knowledge of substance abuse disorders and must meet the qualifications set forth in 49 CFR 40.121. The MRO shall follow the procedures set forth in 49 CFR Part 40. All test results are reviewed by the MRO. The MRO will attempt to confidentially contact the employee to discuss the test results and to obtain additional information to determine if there is a legitimate medical explanation for the test result. If an employee is contacted by the MRO for a positive test result it is the responsibility of the employee to call the MRO back and discuss the test. If it becomes necessary for the MRO to reach the employee through the designated management official, the designated management official shall employ procedures that ensure, to the maximum extent practicable, the requirement that the employee contact with the MRO is held in confidence. [rev. 6/1/05] I. Direct Observation of Urine Specimen Collections Direct observation of the collection of a urine specimen shall be conducted under the circumstances described in and in accordance with the provisions of 49 CFR 40.67. [new 9/11/09] 8.18.8 Testing Circumstances A. Employee Requested Testing of Split Sample [rev. 9/4/02] Any safety-sensitive employee who questions the results of a required drug test under the following paragraphs of this section may request that the split specimen be tested. This test must be conducted at a DHHS-certified laboratory different and not affiliated with the laboratory Services Agreement 8291 Contracted Fixed Route Transit Services Page 97 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 90 City of Fort Collins Personnel Policies and Procedures Revised: September 1, 2015 Section 8 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. [rev. 12/3/14] 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 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. [rev. 12/3/14] Services Agreement 8291 Contracted Fixed Route Transit Services Page 98 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C City of Fort Collins Personnel Policies and Procedures Revised: September 1, 2015 Section 8 91 C. Reasonable Suspicion Testing 1. All safety-sensitive employees may be subject to urine and/or breath testing when there are reasons to believe that drug and/or alcohol use is adversely affecting job performance. A reasonable suspicion referral for testing will be made on the documented specific, contemporaneous, articulable, observations concerning appearance, behavior, and speech or body odor of the employee which are consistent with the short-term effects of substance abuse and/or alcohol misuse. Examples of reasonable suspicion include, but are not limited to, the following: [rev. 10/14/05] a. Physical signs and symptoms consistent with prohibited substance use or alcohol misuse; [rev. 6/1/05] b. Evidence of the manufacture, distribution, dispensing, possession, or the use of controlled substances, drugs, alcohol, or other prohibited substances; [rev. 6/1/05] 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, behav- ioral, 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. [rev. 12/3/14] 3. Alcohol testing is authorized under this section only if the observa- tions 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. [new 12/3/14] 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). [rev. 12/3/14] Services Agreement 8291 Contracted Fixed Route Transit Services Page 99 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 92 City of Fort Collins Personnel Policies and Procedures Revised: September 1, 2015 Section 8 D. Post-Accident Testing 1. All safety-sensitive employees who are operating a Transfort or Dial- A-Ride vehicle (regardless of whether or not the vehicle is in revenue service) will be required to undergo a drug and alcohol testing as soon as practicable following an accident associated with the operation of the vehicle, if as a result: [new 7/8/02] a. an individual dies; or [new 7/8/02] b. an individual suffers bodily injury and immediately receives medical treatment away from the scene of the accident, unless the City determines and documents that the employee can be completely discounted as a contributing factor to the accident; or [rev. 9/4/02] c. in the case of a mass-transit vehicle that is a rubber tired vehicle, any of the vehicles involved in the accident incur disabling damage as the result of the occurrence and the vehicle or vehicles are transported away from the scene by a tow truck or other vehicle; or in the case of a mass transit vehicle that is a rail vehicle or a vessel, the vehicle is removed from service; unless the City determines and documents that the employee can be completely discounted as a contributing factor to the accident. [rev. 9/4/02] 2. Following an accident where a test is required, the safety-sensitive employees will be tested as soon as practicable, but not to exceed 8 hours for alcohol testing and 32 hours for drug testing. If alcohol testing is not done within 2 hours, the reason for not testing must be documented and attempts to complete alcohol testing shall continue for up to 8 hours. If drug testing is not accomplished within 32 hours, the reason for testing must be documented. Any safety-sensitive employee involved in an accident must refrain from alcohol use for 8 hours following the accident or until he/she undergoes a post-accident test. A safety-sensitive employee must remain readily available for testing following an accident and any safety-sensitive employee who leaves the scene of the accident without justifiable explanation prior to the submission of a drug and alcohol test will be considered to have refused the test and will be subject to discipline up to and including termination of employment. Post-accident testing will not be required until involved employees are done or relieved from assisting in the resolution of an accident and/or have received necessary medical attention following the accident. [rev. 7/8/02] 3. Employees tested under this provision will include not only vehicle operators, but any other covered employee whose performance could have contributed to the accident. [rev. 7/8/02] 4. The results of a blood, urine, or breath test for the use of prohibited Services Agreement 8291 Contracted Fixed Route Transit Services Page 100 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C City of Fort Collins Personnel Policies and Procedures Revised: September 1, 2015 Section 8 93 drugs or alcohol misuse, conducted by Federal, State, or local officials having independent authority for the test, shall be considered to meet the requirements of this section provided such test conforms to the applicable Federal, State, or local testing requirements, and that the test results are obtained by the City. Such test results may be used only when the City is unable to perform a post-accident test within the required period noted in subparagraph 2, above. [new 9/4/02] E. Random Testing Employees in safety-sensitive positions will be subject to random, unannounced testing. Such an employee shall only be randomly tested for alcohol misuse while the employee is performing safety sensitive functions; just before the employee is to perform safety sensitive functions; or just after the employee has ceased performing such functions. A covered employee may be randomly tested for prohibited drug use anytime while on duty. The selection of safety-sensitive employees for random alcohol and drug testing will be made using a scientifically valid method that is mapped to the employee’s social security number and that ensures each covered employee that he/she will have an equal chance of being selected each time selections are made. The random tests will be unannounced, spread throughout the year, and may be conducted on all days and hours during which transit service is in operation. Neither management nor operations employees will have discretion in the selection and notification of employees for testing. The percentage of employees to be tested for drugs and alcohol shall be set at the federally-determined annual minimum random testing rates established pursuant to 49 CFR Part 655.45. Upon notice of selection for a random test, and employee shall proceed to the test site immediately unless the employee is performing a safety-sensitive function at the time of notification, in which case, the employee shall safely cease the safety-sensitive function when relieved and proceed to the testing site as soon as possible. Should a safety-sensitive employee’s name be chosen for random testing and the employee is not available to test (vacation, sick leave), the City of Fort Collins Transit System will await the return of the employee to conduct the test. Only in instances where the individual will not return during the testing period will the random number selection company be requested to provide another employee’s number. Should a selected employee refuse the random alcohol or drug test (refusal is considered a positive test) it will be considered as a deliberate refusal and under City policy, the safety-sensitive employee will be subject to termination. [rev. 3/21/07] 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 Services Agreement 8291 Contracted Fixed Route Transit Services Page 101 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 94 City of Fort Collins Personnel Policies and Procedures Revised: September 1, 2015 Section 8 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. [rev. 12/3/14] G. Follow-Up Testing Safety-sensitive employees that have tested positive will be required to undergo unannounced urine and/or breath testing following their return to work. This testing will be in addition to any random selected testing. The follow-up testing will be performed for a period of one to five years with a minimum of six tests to be performed the first year, all as determined by the SAP. 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. [rev. 12/3/14] 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, or addiction counselor with knowledge of and clinical experience in diagnosis and treatment of alcohol-related/drug-related disorders, and who meets the qualifications set forth in 49 CFR 40.281. The SAP shall follow the procedures set forth in 49 CFR Part 40. The SAP will evaluate each employee to determine what assistance the employee needs in resolving problems associated with prohibited drug use or alcohol misuse. [rev. 6/1/05] 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 Agreement 8291 Contracted Fixed Route Transit Services Page 102 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C City of Fort Collins Personnel Policies and Procedures Revised: September 1, 2015 Section 8 95 services will be paid directly by the employee or his/her insurance provider. Employees will be allowed to take accumulated sick leave and vacation leave to participate in the prescribed rehabilitation program. [rev. 12/3/14] 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: [rev. 5/9/01] 1. When an employee gives written instruction that the transit system may release information or copies of records regarding an employee’s test results to a third party or subsequent employer; [rev. 6/1/05] 2. When, due to a lawsuit, grievance, or proceeding initiated on behalf of the employee tested, the result must be released to the decision-maker in the case; [rev. 6/1/05] 3. When an employee provides a written request for copies of his/her records relating to the test(s). Accessible records include any records pertinent to his/her test, such as equipment calibration records and laboratory certifications; [rev. 6/1/05] 4. When an accident investigation is being performed by the National Transportation Safety Board (NTSB) and the post-accident test results are needed for the investigation; [rev. 6/1/05] 5. When records are requested by the DOT or any DOT agency with regulatory authority over the employer or any of its employees, or to a state oversight agency authorized to oversee rail fixed guide way systems; [rev. 6/1/05] 6. a. Requests for test results information by an unemployment service bureau can be granted, if the individual’s dismissal was a result of a positive drug or alcohol test, because the request for unemployment benefits was initiated by the employee; [rev. 6/1/05] b. Each request for release of information must specifically identify the person to whom the information is to be released, the circumstances under which the release is authorized, and the specific kind of information to be released. [rev. 6/1/05] 8.18.11 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: [rev. 9/22/98] 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 Services Agreement 8291 Contracted Fixed Route Transit Services Page 103 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 96 City of Fort Collins Personnel Policies and Procedures Revised: September 1, 2015 Section 8 alcohol; [rev. 12/3/14] 3. An agreement to unannounced frequent follow-up testing as determined by the SAP for a period of one to five years with at least six tests performed the first year; [rev. 9/22/98] 4. A statement of expected work related behaviors [rev. 9/22/98]; 5. An agreement to follow specific after-care requirements with the understanding that violation of the re-entry contract is grounds for termination. [rev. 9/22/98] 8.18.12 System Contacts [rev. 12/3/14] Any person having questions regarding this policy or any aspect of the drug- free and alcohol-free transit program should contact the following transit system representative: Program Manager: Transfort/Dial-A-Ride General Manager Address: Transfort/Dial-A-Ride 6570 Portner Road Fort Collins, Colorado Telephone: (970)221-6386 Fax: (970)221-6285 Medical Review Officer: Contact Transfort/Dial-A-Ride General Manager for current officer. Substance Abuse Professional: Contact Transfort/Dial-A-Ride General Manager for current professional. The name, address, and phone number of the current Program Manager, the Medical Review Officer, the Substance Abuse Professional, collection sites, and the certified laboratory used to test samples shall be conspicu- ously posted in an area where all safety-sensitive employees will have ready access to it. [rev. 9/4/02] 8.18.13 Employee Training and Effects of Alcohol [rev. 5/9/01] A. All safety-sensitive employees will attend at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and the signs and symptoms which may indicate prohibited drug use. This training will also include information on the effects and consequences of this drug and alcohol testing program and this policy. [new 5/9/01] B. Alcohol is a socially acceptable drug that has been consumed throughout the world for centuries. It is considered a recreational beverage when consumed in Services Agreement 8291 Contracted Fixed Route Transit Services Page 104 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C City of Fort Collins Personnel Policies and Procedures Revised: September 1, 2015 Section 8 97 moderation for enjoyment and relaxation during social gatherings. However, when consumed primarily for its physical and mood-altering effects, it is a substance of abuse. C. Pursuant to the FTA regulations, the following is a discussion of: 1. The effects of alcohol misuse on an individual’s health, work, and personal life; 2. The signs and symptoms of an alcohol problem; and 3. The available methods of intervening when an alcohol problem is suspected. D. Effects on Health 1. Alcohol is a central nervous system depressant. As such, it slows down physical responses and progressively impairs mental functions. Alcohol also depresses the brain centers for self-control and inhibition, leading to loud and aggressive behavior, which make alcohol appear to act like a stimulant. 2. Alcohol use can cause unconsciousness, coma, respiratory failure, and death. It can have long degenerative effects on many body organs, including the liver, stomach, intestines, heart, and brain. The chronic consumption of alcohol (average of three servings per day of beer [12 ounces], whiskey [one ounce], or wine [six ounces]) over time can result in the following health hazards: a. Decreased sexual functioning; b. Dependency (up to 10% of all people who drink alcohol become physically dependent on alcohol and can be termed “alcoholic”); c. Fatal liver diseases; d. Increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast, and malignant melanoma (skin cancer); e. Kidney disease; f. Pancreatitis; g. Spontaneous abortion and neonatal mortality; h. Ulcers; and i. Birth defects (up to 54% of all birth defects are alcohol related). E. Effects on Work 1. Alcohol dulls sensation and impairs vision, memory, coordination, and judgement. This can lead to risky behavior, i.e. dangerous driving. Impairment in coordination can be objectively measured with as little as two drinks in the body. It takes an hour for the average person (150 pounds) to process one serving of an alcoholic beverage from the body. A person who is legally Services Agreement 8291 Contracted Fixed Route Transit Services Page 105 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 98 City of Fort Collins Personnel Policies and Procedures Revised: September 1, 2015 Section 8 intoxicated is six times more likely to have an accident than a sober person. [rev.6/1/05] 2. The estimated cost of alcohol abuse is about $117 billion annually. This figure includes medical bills, time lost from work, decreased job efficiency and property damage. F. Effects on Personal Life 1. The impact of alcohol abuse goes beyond the problem drinker. Each alcoholic affects the lives of four to seven people. Alcohol abuse is a leading cause of child abuse and neglect. It also figures prominently in spousal abuse. Alcohol during pregnancy can cause birth defects, including Fetal Alcohol Syndrome. [rev. 9/22/98] 2. Each year in the U.S., over 100,000 deaths are related to alcohol. This figure includes deaths from vehicular accidents, drownings, suicides, and numerous physical ailments. This makes alcohol the third leading cause of death in America. The annual toll is broken down as follows: [rev. 9/22/98] a. 24,000 people will die on the highway due to the legally impaired driver; b. 12,000 more will die on the highway due to the alcohol-affected driver; c. 15,800 will die in non-highway accidents; d. 30,000 will die due to alcohol-caused liver disease; e. 10,000 will die due to alcohol-induced brain disease or suicide; and f. Up to another 12,500 will die due to alcohol-related conditions or accidents. 3. The following are additional social issues related to alcohol: [rev. 9/22/98] a. Two-thirds of all homicides are committed by people who drink prior to the crime; b. Two to three percent of the driving population is legally drunk at any one time. This is doubled at night and on weekends; c. Two-thirds of all Americans will be involved in an alcohol-related vehicle accident during their lifetime; d. The rate of separation and divorce in families with alcohol dependency 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 seg- ments of the population. G. Signs and Symptoms of an Alcohol Problem 1. Alcohol causes both psychological and physical dependence. When a drinker Services Agreement 8291 Contracted Fixed Route Transit Services Page 106 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C City of Fort Collins Personnel Policies and Procedures Revised: September 1, 2015 Section 8 99 uses alcohol as an escape from problems and stress and comes to depend on the drug for relief, psychological dependency is present. [rev. 9/22/98] 2. When repeated drinking produces tolerance (which is a need to consume more of the drug to obtain the same effect), and the drinker’s body needs alcohol to function, physical dependence has developed. Once dependent, many drinkers experience withdrawal symptoms when they stop drinking. [rev. 9/22/98] 3. Alcoholism is a disease characterized by, among other things, the drinker’s loss of control over his or her consequences. In general, people are said to have a problem with alcohol, or be alcoholic, if they cannot control their drinking, if they are dependent on the drug, and if their drinking has a negative impact on their physical or mental health, their families, friends, and jobs. [rev. 9/22/98] 4. How a person using alcohol appears/behaves: [rev. 9/22/98] 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: [rev. 9/22/98] a. Absenteeism b. On-the-job absenteeism c. Tardiness d. Accidents Services Agreement 8291 Contracted Fixed Route Transit Services Page 107 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 100 City of Fort Collins Personnel Policies and Procedures Revised: September 1, 2015 Section 8 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 q. Financial problems Services Agreement 8291 Contracted Fixed Route Transit Services Page 108 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C FTA POST ACCIDENT DOCUMENTATION FORM FOR FTA POSITIONS Employee: Department: Employee's Title: Date of Accident: Is this employee's position a safety sensitive position according to the FTA? _____ Yes _____No Why does this accident fall under FTA post accident drug and alcohol testing criteria? Check one or more of the following reasons:  An individual dies.  An individual suffers a bodily injury and immediately receives medical treatment away from the scene of the accident.  The mass transit vehicle involved is a bus, electric bus, van, or automobile in which one or more vehicles incurs disabling damage as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle. This includes safety sensitive employees who are on duty in the vehicles and any other whose performance could have contributed to the accident. Post accident testing is required for any accident in which an individual dies. Post accident testing is required for any non-fatal accident unless the employee’s behavior can be completely discounted as a contributing factor to the accident. Following an accident, if an alcohol test is not administered within two (2) hours, the supervisor will prepare a written statement explaining why the test was not promptly administered. If the alcohol test is not administered within eight (8) hours, the supervisor shall cease attempts to administer the alcohol test and document the reason for not administering the test. Alcohol testing should be administered first and the drug test as soon as possible thereafter but no later than 32 hours from the time of the accident. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ This form is to be filled out and signed by the supervisor within 24 hours of the accident. Forward this form to Risk Management (6296) and Human Resources (2517). _______________________________ ___________________________ Supervisor Date City of Fort Collins Supervisor’s Guide to Drug/Alcohol Testing November 2011 Services Agreement 8291 Contracted Fixed Route Transit Services Page 109 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C [Type text] Contractor/Volunteer/Intern 3/2013 To get an ID Badge for a contractor/intern/volunteer: 1. Complete the form below 2. Call Operation Services at X6610 to schedule a time 3. Have the contractor/intern/volunteer BRING the completed form as well as a picture ID to the “photo” session This information is also available on CityNet at http://citynet.fcgov.com/opserv/idbadges.php Our hours are M-F, 8am to 5pm, and we are located at 300 LaPorte Ave. (Old Police building). ID CARD - INFORMATION Last Name: ____________________________________________________________________________ Formal First Name: ____________________________ Goes by: _________________________________ Hire Date: _______________ City Contact: _______________________________ Ext: _____________ Contractor: Business Name __________________________________________________________ Supervisor Name: __________________________ Supervisor Contact Number: _________________ Volunteer or Intern? (Circle One) Service Area/Department (Circle One): Community & Operations Services: Community Services: Natural Areas Park Planning & Development Recreation Parks Parks Planning Cultural Services Information Technology Legislative Operation Services: Fleet Services Facility Maintenance Real Estate Services Project Management Operation Services Administration Employee & Communication Services: Communication & Public Involvement Human Resources Executive, Legislative & Judicial Services: City Manager’s Office City Attorney’s Office Municipal Court Financial Services: Budget Finance Office of Sustainability: Economic Health Environmental Services Social Sustainability Planning, Development & Transportation: Community Development & Neighborhood Svcs Infrastructure Services: Engineering Streets Parking Services Internal Operations Mobility: FC Moves Traffic Transfort Policy & Performance Excellence: City Clerk Council Policy Performance Excellence Utility Services: Water Resources & Treatment Operations Light & Power Operations Water Engineering & Field Services Electric Field Services Utility Customer & Employee Relations Services Agreement 8291 Contracted Fixed Route Transit Services Page 110 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT E Uniform Policy SECTION 1 – General Overview Service Provider Supervisors, Attendants and Operators who interact with the public will wear and maintain approved City uniforms while performing City services. City logo will be displayed at all times and shall not be covered by over garments. City uniforms are intended for the operation of City services and may not be worn outside of revenue service. SECTION 2 – Acceptable Garments The City has an approved uniform logo as well as approved uniform styles and colors on file with the Encore Uniforms. The City will ensure that authorization is granted to allow the Service Provider to purchase the following garments through Encore Uniforms. The following options are available: 1. Waterproof outer shell 2. Pique fleece jacket or 511 Job Shirt 3. Fleece vest 4. Sweatshirt 5. Ball cap or visor 6. Knit winter cap 7. Shirts a. Long Sleeved Button Up Shirt b. Short Sleeved Button Up Shirt c. Short Sleeved Polo Shirt Pants Black pants and uniform shirts are required Monday thru Thursday. Denim jeans may be worn with uniform shirts on Fridays and Saturdays. Denim jeans must be neat, clean, blue or black in color and appropriate for office ware. No jeans with holes or those that are worn, faded or frayed shall be worn. Jean shorts or Capri pants are not acceptable. Services Agreement 8291 Contracted Fixed Route Transit Services Page 111 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT E Uniform Policy SECTION 3 – Acceptable Condition Uniforms are to be neat, clean, wrinkle free, and worn whenever on duty. At any time when uniform is worn, it must be worn appropriately as per the policy. 1. All uniform shirts must be tucked in. Sweatshirts are exempt from this rule. 2. Complete uniforms will be worn while on duty. 3. T-shirts and/or turtlenecks may be worn under the uniform shirt, at the employee’s option. These optional items are to be blue, charcoal gray, white, or black, and solid in color. 4. No optional apparel worn underneath the uniform shirt shall be visible when worn under the uniform shirt, except the minimal amount at the cuff of a long sleeved uniform shirt. (No long sleeved t-shirt or turtle neck may be worn under a short sleeved shirt or long sleeved uniform shirt rolled up so that the sleeves of the underneath garment are visible below the uniform shirt.) 5. Shoes will be boot or oxford in style (completely enclosing the foot), entirely black in color, clean and in good repair. This applies to summer and normal winter footwear. In periods of extreme cold (below 15 degrees F) or snow fall of 5 or more inches, snow boots of a dark color may be worn provided they do not interfere with the ability to operate a bus safely. 6. Socks must be worn; colors may be black, gray, white, navy or light blue. 7. Belts or suspenders are required for all uniform pants which have belt loops. Belts or suspenders will be black in color, clean and in good repair. 8. Caps which are issued and/or authorized by Transfort may be worn. 9. Fanny Packs may be worn; they must be completely dark in color, and must not interfere with the ability to operate a bus safely. 10. Ear ornaments must not distract from a professional appearance, or create a safety hazard in any way. 11. Only Transfort authorized pins or emblems may be worn or displayed on uniform items. SECTION 4 – Personal Hygiene 1. Hair shall be neat, clean and well groomed. The style must present a professional image and be such that it does not create a safety hazard in any way. Services Agreement 8291 Contracted Fixed Route Transit Services Page 112 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT E Uniform Policy 2. Facial hair is allowed but must be kept neat, clean and trimmed. 3. Body odor will be kept in check. Clean teeth and fresh breath are required. 4. Body piercings or adornments must not distract from a professional appearance. 5. Visible tattoos must not distract from a professional appearance. Tattoos that may be offensive or unprofessional must be covered. SECTION 5 – Contractor Identification Badges City-issued contractor ID badges will be displayed at all times and shall not be covered by over garments. Contract management staff will facilitate the issuance of contractor ID badges (see attachment titled IDBadgeContractor. Services Agreement 8291 Contracted Fixed Route Transit Services Page 113 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT F Working With The Public Collision, Injuries Or Illness Involving Passengers Operators will:  Report to the Dispatch or Supervisor any collision, injury or illness involving a passenger waiting at a bus stop, boarding the bus, while on the bus, getting off the bus or at the bus stop after getting off the bus.  Request Medical response, if passenger(s) asks or operator judges it necessary  Get name(s) of injured/ill passenger(s).  Submit a clear and complete Incident Report at the end of the shift. Bus Hailing The Bus Hailing Program is to help physically disabled persons use the City bus system. Persons using this program will display a white 6" X 8" card with the TRANSFORT logo in blue. Operators will:  Stop at any location along a route for a person showing the bus hailing sign.  Help the person board the bus and get to their seat, if requested.  Let the passenger off at a designated bus stop. Courtesy Cards Courtesy Cards are provided as a means for passengers to write their compliments and/or complaints about the City bus system and as a means of getting witness information for accidents, disruptive incidents, etc. Courtesy Cards are designed to be returned to the operator or mailed to the City. Operators will:  Be sure their bus has an adequate supply of Courtesy Cards.*  Give a Courtesy Card to any passenger who wishes to make a complaint or pass on a compliment.  Take the completed Courtesy Card from the passenger and turn it in to Dispatch, Supervisor, or instruct the passenger to drop the card in the mail. *Service Provider will request new supplies of courtesy cards from the City before supplies diminish Disabled Passengers and Senior Citizens Passengers using the City bus system should be able to get on and off the bus without assistance. However, there will be exceptions. Operators will:  Assist passengers getting on and off the bus, if asked to do so.  Assist passengers loading and unloading heavy and/or awkward objects, such as baby carriages, if, in the operator's opinion, doing so will speed the loading and unloading process and keep the bus on time. Services Agreement 8291 Contracted Fixed Route Transit Services Page 114 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT F Working With The Public  Permit "helper animals" (usually dogs) to accompany disabled persons on the bus, including Guide Dogs for the Visually Impaired, Hearing Dogs for Hearing Impaired, Canine Companions to assist the impaired. Helper animals in training may also be permitted to ride the bus, even though the trainer is not impaired. No certification or credentials are required to establish that an animal is indeed a “helper animal.”  Read and respond to written notes used by verbally and/or hearing impaired persons.  Use pencil and paper to communicate with verbally or hearing impaired persons.  Look directly at and speak slowly to verbally or hearing impaired persons.  Open the bus door and announce your route and directions of travel to waiting passengers, regardless of whether they appear to be visually impaired or not.  Call out designated stops.  Give special attention to the needs and requirements of the impaired and elderly passenger.  Ensure that impaired and elderly passengers are securely seated before moving the bus.  Ensure that impaired or elderly passengers do not get off the bus in unfamiliar surroundings.  Contact Dispatch or Supervisor in cases where impaired or elderly persons become confused, disoriented, or disruptive.  Never refuse service based on a disability or age. Disruptive Incidents Major Disruptive Incidents includes physical assault on Operators and/or passengers, spitting or throwing things on or out of the bus, malicious destruction of property. Operators will:  Stop the bus in a safe place.  Radio the Dispatch or Supervisor with a brief description of the situation, route number, location and direction of travel.  Request police assistance if necessary. If unsure, ask for police assistance.  Evacuate your passengers to a safe place, if necessary, to protect them.  Get a description of the disruptive passenger(s).  Report resolution of the incident and return to service.  File a police report as soon as possible, if required.  Submit an Incident Report within 24 hours of the incident. Minor Disruptive Incidents include failure to pay fare, consuming intoxicants or smoking on the bus, boisterous activity, passenger refusal to comply with operator requests for safe conduct (standing when seats are available, having arms and/or heads out the window, etc), verbal harassment of operator or passengers. Operators will:  Ask those responsible to stop their improper activity.  Remain calm and courteous.  Tell the passengers they must stop or get off the bus. Services Agreement 8291 Contracted Fixed Route Transit Services Page 115 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT F Working With The Public  Use the procedures in Ejecting Disruptive Passengers, if necessary. Ejecting Disruptive Passengers Operators will:  Avoid physical encounters with passengers except to defend yourself or another passenger from physical harm.  Avoid words or actions which may make the situation worse.  Advise disruptive passenger that they will be asked to get off the bus if they continue their disruptive actions.  Stop the bus in a safe place, set the parking brake, put on the four way flashers, and tell the disruptive passengers to get off the bus.  Get a description of the disruptive passengers.  Call the Dispatch or Supervisor and tell him/her the situation.  Get names of witness.  Provide Courtesy Cards to other passengers on the bus.  Request Dispatch, Supervisor, and/or police assistance if necessary. Provide route number, location and direction of travel, and brief description of the problem, if possible.  Submit an Incident Report within 24 hours. Providing Information Operators will:  Respond to requests for information in a courteous and safe manner.  Become familiar with major points of interest and businesses along the various routes.  Give concise, accurate information concerning City bus routes, transfer points, times, parks, public buildings, major business, theaters.  Call designated stops  Call specific bus stops when requested by a passenger.  Contact Dispatch or Supervisor by radio for information you cannot provide.  Refer passengers to the City bus schedule, to the City general bus information number (221-6620) or to the website, www.fcgov.com/transfort for additional information. Refusing Service to Passengers 1. Banned Transfort Manager will:  Issue written notices to Service Provider concerning persons who have been temporarily or permanently banned from use of the City bus system for serious and/or repeated violation of system rules. Operators will:  Refuse service to any person who has been banned from the City bus system. Services Agreement 8291 Contracted Fixed Route Transit Services Page 116 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT F Working With The Public 2. Severely Intoxicated Operators will:  Refuse service to any prospective passenger(s) who, in the operator's opinion, appears to be so intoxicated that he/she may cause injury to themselves or others if allowed on the bus.  Submit an Incident Report within 24 hours after the incident. 3. Fare Refusal Operators may:  Refuse service to any person who gets on the bus and will not pay the appropriate fare or display the appropriate fare media. Operators will, at their option:  Permit partial payment of fare if the passenger(s) does not have enough money to pay the full fare. Passenger(s) must agree to pay the balance on the next ride.*  Permit passenger(s) to ride without payment of fare upon promise to pay on the next ride.* *While this is at the Operator’s discretion, the full fare will be deducted from the authorized charges and passengers will be applied towards normal ridership counts. 4. Pets Operators will:  Refuse service to prospective passenger(s) who wish to bring pets on the bus unless the pet is in an appropriate container.  Permit animals trained to assist people with disabilities to ride the bus. 5. Roller Blades or Roller Skates Operators will:  Refuse service to prospective passenger(s) wearing roller blades (in-line skates) or roller skates. Both skates must be removed before the person can be allowed to board. Services Agreement 8291 Contracted Fixed Route Transit Services Page 117 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT G Advertising and Marketing The Service Provider shall allow advertising materials commissioned by the City or its advertising Contractor to be applied to vehicles which have been leased to the Service Provider for the purposes of this service. Interior of Vehicles 1. Vehicles leased by the Service Provider are fitted with brochure holders and rider alert holders on the interior of each vehicle. a. The Service Provider shall ensure that these brochure and rider alert holders remain in good repair and shall replace holders at Service Providers expense should they become damaged. 2. The Service Provider shall ensure that the brochure holder in each vehicle used for this service is stocked at the beginning of each service day with the following: a. Foothills Campus Shuttle/ Gold Route schedules b. Transfort Rider Guide and System Map c. City of Fort Collins / Transfort Comment Card 3. The aforementioned brochures are provided by Transfort. Service Provider shall be responsible for ensuring adequate back stock is kept to comply with item number two. 4. Only City authorized materials shall be posted on the interior of the vehicles or in the brochure holders or rider alert holders. 5. The City shall provide the Service Provider with specific Rider Alert information as necessary to post in provided rider alert holders on each of the vehicles. Exterior of Vehicles Service Provider shall ensure the following list of decals, logos and information which has been placed on the exterior of the vehicles remains visible, shall not be covered, removed and shall remain in good repair. 1. City of Fort Collins Logo 2. Transfort Logo 3. ASCSU Logo 4. fcgov.com Logo 5. How’s my Driving bumper Sticker Service Provider may affix their company logo on the vehicles. 1. Logo shall be preceded by the phrase, “Operated By” 2. Logo shall not be larger that 50% the size of the City of Fort Collins Logo currently on vehicle 3. Logo shall be placed on the rear of the vehicle. City of Fort Collins currently has a Contractual Service Agreement with Street Media Group LLC to sell appropriate advertising space on the exterior and interior of designated City buses and other vehicles as designated by the City. Services Agreement 8291 Contracted Fixed Route Transit Services Page 118 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT G Advertising and Marketing 1. Service Provider shall allow advertising frames and or panels on the exterior of leased vehicles and advertising sheets on the interior of the vehicle as authorized by the City in compliance with the Contractual Service Agreement.. 2. Service Provider shall make available to the Cities current contractor for vehicle advertising, during regular business hours; Monday – Friday, 8:00 AM – 5:00 PM any leased vehicle, to change or replace or update advertising frames, panels or sheets on the exterior or interior of leased vehicles as necessary. 3. Service Provider shall notify the current contractor in the event an advertising frame has been damaged or an advertising panel is missing. 4. Service Provider shall have no claim to any revenue generated by advertising placed on the exterior and interior of any leased vehicle. Services Agreement 8291 Contracted Fixed Route Transit Services Page 119 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Supervisor Signature Date Noted Date Repaired Repair Initials 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ATTACHMENT H Transfort VEHICLE DAMAGE REPORT Instructions: Completely inspect exterior of vehicle. If new damage is discovered (not reported on this form), notify dispatch before moving the vehicle. Describe new damage below and use the number to the left of the description to show the location on the vehicle graphic (reverse side). DAMAGE DESCRIPTION Vehicle #:________________ Services Agreement 8291 Contracted Fixed Route Transit Services Page 120 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C STREET SIDE REAR CURB SIDE FRONT Services Agreement 8291 Contracted Fixed Route Transit Services Page 121 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT I Fleet Management Guidance SECTION 1 – Terms of Lease Agreement This agreement entered into between the City of Fort Collins and Service Provider is for the lease and operation of two IC HC PC 505 transit buses to the Service Provider for transportation purposes. The vehicles referenced as part of this lease agreement are identified in the following table. Table A – Vehicle Identification Unit # Year Make Model Mileage VIN 70 2009 International 3200 Transit Bus 146199 (6/30/16) 4DRASAAL09H042756 71 2009 International 3200 Transit Bus 142195 (6/30/16) 4DRASAAL29H042757 72 2009 International 3200 Transit Bus 118442 4DRASAAL49H042758 General Provisions 1. Service Provider agrees to assume possession, use, maintenance and operation of the three transit vehicles for the duration of this contract. Contactor shall maintain the vehicles as lift-equipped passenger transportation vehicles that are ADA accessible and licensed in the State of Colorado. 2. Service Provider agrees to insure and provide proper safeguards and protection for the vehicles to ensure they will not be stolen or used in an unauthorized manner under this agreement. 3. Service Provider agrees it shall make a good faith effort to ensure that appropriate training of Service Provider personnel is conducted and in compliance within the provisions of – Scope of Work of the Safe Ride Home contract. 4. Service Provider shall not use the buses for any other reason than what is defined in this contract without written approval from the City. 5. Service Provider is required to reimburse the City the negotiated rate of $100 per year per bus. 6. This agreement will terminate upon the termination of the contract. The Service Provider will return the buses to the City within fifteen (15) days of the termination of the contract and in accordance with the conditions deemed as acceptable in the Lease Return Criteria of this agreement. 7. For the length of this agreement, Service Provider shall comply with the insurance requirements set out in the Insurance of this agreement. 8. Upon inception of the contract, Service Provider will obtain US DOT number and inspection as necessary for each vehicle. Service Provider will display the US DOT Services Agreement 8291 Contracted Fixed Route Transit Services Page 122 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT I Fleet Management Guidance number in prescribed locations on each vehicle for the duration of the contract. These numbers shall be displayed on the vehicles no later than the first day the vehicles are operated. 9. Service Provider will operate and maintain the vehicles in accordance with all US DOT and CDOT and Federal Motor Carriers Safety regulations as well as all state and local laws and ordinances. 10. In addition to federal regulatory requirements regarding commercial motor vehicle inspections, Service Provider will also conduct Preventative Maintenance Inspections and Pre and Post Trip Vehicle Inspections in accordance with City operating standards on the Vehicle Inspection Report form as provided in the Vehicle Inspection Report of this agreement. 11. The City will perform monthly random vehicle inspections and annual site inspections of Service Provider facilities. In addition, the Service Provider will submit vehicle mileage and ridership reports to the City. These measures are used by the City to provide required reporting to the Federal Transit Administration. 12. The City agrees to facilitate and incur the cost of major repairs to all vehicles leased from the City specifically for the provision of this service. Major repairs include but are not limited to the engine and other drive train components of the vehicle. The City will not incur any cost or facilitate repair of any vehicle when said repairs are warranted due to the actions of a driver, due to a lack of regular preventative maintenance, or due to improper maintenance performed by the Provider. Major repairs will be approved by Contract Manager before said repairs commence. It is understood that the City will perform repairs at their facilities, but may, at the discretion of the Contract Manager, authorize the Service Provider to perform the major repair and invoice the City appropriately. The Service Provider agrees to pay the first $2000 in repairs. In the event that the City authorizes the Service Provider to perform a major repair, Service Provider will provide a detailed cost estimate using an hourly labor rate not to exceed $105 per hour to the Contract Manager for approval prior to performing the repair. In the event that a major repair to a leased vehicle is warranted, and that repair will remove the vehicle from service for more than seven days, the City will provide a replacement vehicle to be used for service under this contract until the leased vehicle has been returned to service. 13. The City agrees to provide the Service Provider with any relevant rules and regulations of how to manage the vehicles. 14. The City has the right to perform the work and charge a deductible of $2000 for the repairs. 15. Day-to-day communications regarding this agreement shall be directed to: Services Agreement 8291 Contracted Fixed Route Transit Services Page 123 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT I Fleet Management Guidance 16. The parties acknowledge that no other written or oral representations different or apart from the foregoing contract and written agreement have been made. 17. This agreement shall take effect when signed by authorized representatives of the City and the Service Provider. SECTION 2 – INSURANCE The Service Provider shall obtain and maintain insurance as specified in this section at all times during the term of this Agreement: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Service Provider and the City. A. Service Provider shall obtain and maintain throughout the duration of this Agreement: 1. Worker’s Compensation Worker’s Compensation Insurance as required by State statute, and Employer’s Liability Insurance covering all of Service Provider employees acting within the course and scope of their employment. 2. General Liability Commercial General Liability Insurance covering premises operations, fire damage, independent Grantees, products and completed operations, blanket Grantual liability, personal injury, and advertising liability with minimum limits as follows: (a)$1,000,000 each occurrence; (b) $5,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $500,000 any one fire. If any aggregate limit is reduced below $5,000,000 because of claims made or paid, Contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the City a certificate or other document satisfactory to the City showing compliance with this provision. 3. Automobile Liability City of Fort Collins and the State of Colorado, CDOT shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction Grants require additional insured coverage for completed operations of endorsements CG 2010 11/85, CG 2037, or equivalent). Craig Dubin Communication & Admin Manager City of Fort Collins Transfort 6570 Portner Road Fort Collins, CO 80525 (970) 224-6196 cdubin@fcgov.com David Mullin Business Development/Project Manager Green Ride CO 4825 Earhart Rd. Loveland, CO 80538 (970) 413-2297 dmullin@greenrideco.com Services Agreement 8291 Contracted Fixed Route Transit Services Page 124 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT I Fleet Management Guidance 4. Hired Auto Physical Damage Contractor shall carry hired auto physical damage insurance in an amount at least equal to the actual cash value (ACV) of vehicles identified in this contract. 5. Primacy of Coverage Coverage required of the Service Provider shall be primary over any insurance or self-insurance program carried by the City or the State. 6. Cancellation The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the City and the State by certified mail. 7. Subrogation Waiver All insurance in any way related to this Agreement and secured and maintained by the Service Provider as required herein shall include clauses stating that each carrier shall waive rights of recovery, under subrogation or otherwise, against the City or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. B. Certificates The Service Provider shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Agreement. No later than 15 days prior to the expiration date of any such coverage, the Service Provider shall deliver to the City certificates of insurance evidencing renewals thereof. In addition, upon request by the City at any other time during the term of this Agreement or any sub-Agreement, the Service Provider shall, within 10 days of such request, supply to the City evidence satisfactory to the City of compliance with the provisions of this Agreement. C. Indemnification: Lessee shall within the confines of the laws of the State of Colorado, indemnify, defend and hold harmless the City of Fort Collins, its officers, agents and employees from and against any and all losses, damages, claims, causes of action, sanctions, administrative penalties, costs or expenses, including attorney’s fees and costs, arising out of or resulting from contractor’s negligent or wrongful acts or omissions, or the negligent or wrongful actions or omissions of contractor’s employees, agents, consultants, invitees, or any other persons or entities over whom contractor exercises or should exercise control, in conjunction with contractor’s use, maintenance, storage and possession of the Leased Vehicles. Services Agreement 8291 Contracted Fixed Route Transit Services Page 125 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT I Fleet Management Guidance SECTION 3 – Lease Return Agreement 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 an assigned City representative. Upon termination of this agreement, vehicles will be returned to the City in clean, acceptable working order in the same condition that they were delivered to the Service Provider except for normal wear and tear. The Service Provider agrees to repair any excess wear and tear to a condition satisfactory to the City. Below are examples of excess wear and tear which would not be acceptable: 1. INTERIOR: a. Any burn holes b. Tears greater than 1” c. Any stains that cannot be removed d. Any damage as a result of smoking which is prohibited inside the vehicles 2. EXTERIOR: a. Damage to frame structure that affects the integrity of the vehicle b. Scratches that go through the paint c. Two or more dings per panel d. Dents greater than 2” diameter e. A cracked, pitted or broken windshield f. Lights, turn signals and lamps with broken lenses or burned out bulbs 3. MECHANICAL a. Mechanical or electrical malfunctions. All components shall be in good mechanical condition, no fluid leaks will be allowed. b. Inoperable, missing or broken equipment or poor repair of any damage is also considered excess wear and use. Services Agreement 8291 Contracted Fixed Route Transit Services Page 126 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT I Fleet Management Guidance SECTION 4 – Vehicle Inspection Report A Vehicle Inspection Report (VIR) shall be completed prior to vehicle operation at the start of every transit service day with the driver’s signature to ensure safe condition of the vehicle. The driver shall not operate the vehicle if a mechanical defect was noted and a mechanic has not signed the VIR acknowledging the problem. The driver shall not operate the vehicle if a safety- related mechanical defect was noted and not signed off and not corrected prior to the start of the service day. The driver shall complete the form at the end of every service day and ensure that mechanical failures are reported to maintenance staff for correction. A Vehicle Damage Report (VDR) may be used to note and track all damage incurred to the vehicle. If the VDR is used the driver should inspect the vehicle for any new damage during the pre-trip inspection; all damage should be noted on the VDR and acknowledged by a supervisor. The driver should inspect the vehicle for any incurred damage during the post trip inspection; all damage should be noted on the VDR and acknowledged by a supervisor. The Service Provider shall meet or exceed the standards of the City of Fort Collins’ Transfort Vehicle Inspection Policy and VIR form. The use of the VDR forms provided is optional.  Attachment R – Transfort Driver’s Vehicle Inspection Policy  Attachment S – Transfort Vehicle Inspection Report Form  Attachment T – Vehicle Damage Report SECTION 5 – Preventive Maintenance In order to ensure proper maintenance, safety and comfort to our passengers, the Service Provider will meet or exceed the guidelines of the preventive maintenance schedule in this section. The forms provided may be used or expanded by the Service Provider. However, the Service Provider will at a minimum, perform maintenance noted on the forms and comply with the schedule posted on each form. Services Agreement 8291 Contracted Fixed Route Transit Services Page 127 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT I Fleet Management Guidance FORM A – PMA Check Sheet Services Agreement 8291 Contracted Fixed Route Transit Services Page 128 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT I Fleet Management Guidance FORM B – PMBCD Check Sheet PMBCD Check Sheet Y N PMB SERVICE OK Needs Repair 24 K miles INTERIOR HARDWARE ____ ____ SUSPENSION ____ ____ DIFFERENTIAL/SAMPLE ____ ____ ENGINE MOUNTS ____ ____ AIR FILTERS ____ ____ FUEL FILTERS ____ ____ SAMPLE TRANSMISSION ____ ____ PARKING BRAKE ____ ____ NOTES: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Y N PMC SERVICE OK Needs Repair 48 K miles FRONT WHEEL BEARINGS ____ ____ TRANSMISSION SAMPLE ____ ____ TRANSMISSION SERVICE ____ ____ CLEAN RADIATOR ____ ____ ENGINE TUNE UP ____ ____ NOTES: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Y N PMD SERVICE OK Needs Repair 66K miles SERVICE DIFFERENTIAL ____ ____ SAMPLE DIFFERENTIAL ____ ____ REAR WHEEL BEARINGS ____ ____ NOTES: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Services Agreement 8291 Contracted Fixed Route Transit Services Page 129 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT I Fleet Management Guidance FORM C – Braun Lift Check Sheet Braun Check Sheet Unit _____ OK Needs repair Repairs made Date:_______ Lift operation _____ _____ Pump Module _____ _____ Fluid Level _____ _____ Hand held control _____ _____ Lift frame _____ _____ Platform Assembly _____ _____ Outboard roll stop _____ _____ Roll Stop latch _____ _____ Inboard Roll Stop _____ _____ and Bridge Plate _____ _____ Handrails _____ _____ Cylinders _____ _____ Gas Struts _____ _____ Hand Jack _____ _____ Parallel Arms _____ _____ Notes: Services Agreement 8291 Contracted Fixed Route Transit Services Page 130 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT J TRANSFORT Driver's Vehicle Inspection Policy Completed by: Jane Johnson Completed Date: 11/18/2009 Updated: 6/24/2016 Services Agreement 8291 Contracted Fixed Route Transit Services Page 131 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT J Driver's Vehicle Inspection Policy City of Fort Collins is committed to following a strong daily inspection program. Department of Transportation (DOT) regulations require commercial motor vehicles (10,001 lbs. GVW or GVCW and over) to be inspected every day they are operated. Our daily inspection procedures will help avoid DOT penalties and provide a sound basis for a good inspection and maintenance program. Daily inspection of vehicles will help prevent small problems from becoming big problems. Driver's Vehicle Inspections Procedures Driver Pre-trip Inspection Each driver must be satisfied that equipment is in proper working condition prior to operating a vehicle. This includes the following equipment:  Service brakes, including trailer brake connections  Parking (hand) brake  Steering mechanism  Lighting devices and reflectors  Tires  Horn  Windshield wipers  Rear vision mirrors  Wheels and rims  Coupling devices  Emergency equipment  Current DOT Annual Vehicle Inspection Sticker  Wheelchair lift and securement straps Each driver must also be satisfied that cargo is properly distributed and secured. The vehicle's cargo or other objects must not obscure the driver's view or interfere with the driver's movement. The driver will also review the last completed Driver's Vehicle Inspection Report (DVIR) to verify that any needed repairs were made to the vehicle. If an authorized signature certifies that defects were corrected or that correction was unnecessary, the driver shall sign the “Pre-Trip” signature line of the form. If the defects noted were not acknowledged by an authorized signature, the driver shall not drive the vehicle until the defects are handled appropriately. Services Agreement 8291 Contracted Fixed Route Transit Services Page 132 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT J Driver post-trip inspection report Each driver is required to complete a written report on each vehicle's condition at the end of the day, or when he/she finishes driving the vehicle for that day. A vehicle includes a power unit and trailer or trailers. City of Fort Collins will use an inspection report form that has an original and two copies. If a defect is found, the driver must note the defect on the DVIR. If the defect renders the vehicle unsafe, Maintenance will take the vehicle out of service. The driver must submit the yellow copy of the DVIR as a request for repair. After repairs are completed, Maintenance will locate the DVIR book, insert the yellow copy, and sign off on the repairs on all three copies. The DVIR book must remain in the vehicle at all times. The vehicle must be identified on the report. The regulations require that any defects in the following equipment items be noted:  Service brakes including trailer brake connections  Parking (hand) brake  Steering mechanism  Lighting devices and reflectors  Tires  Horn  Windshield wipers  Rear vision mirrors  Coupling devices  Wheels and rims  Emergency equipment  Current DOT Annual Vehicle Inspection Sticker The driver must also note any other defects that would affect the safe operation of the vehicle or result in its mechanical breakdown. The report must also indicate if no defects are found. The driver must sign the report on the “Post Trip” signature line. No defects: When no safety related problems are reported by the driver, the driver must place the original copies of the inspection report in the “VIR” mailbox (in the operator mailbox area). These reports are filed and retained in Dispatch. Defects: When a driver reports safety related problems, he/she submits the yellow copy, as a request for work order, to Maintenance. The mechanic or technician who performs the repair will insert the yellow copy back into the book (that always stays in the vehicle) and signs all copies of the report indicating that repairs have been made (or are not required to be made). The vehicle inspection report must be signed by the next driver to operate the vehicle. The original copy of the inspection report and certification of repairs will be placed by the driver in the “VIR” mailbox (in the operator mailbox area). These reports are filed and retained in Dispatch. Services Agreement 8291 Contracted Fixed Route Transit Services Page 133 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT J Inspection reports will be filed by vehicle, by the month, in date order, one for each day each of the units is used. The original copies of inspection reports on which no defects were noted will be retained for at least 3 months. The original copies of inspection reports on which defects were noted, and the certification of repairs, will be retained for at least 3 months. The pink copies will be left in the DVIR books in the vehicles for the life of the book plus 8 days. The yellow copies will be kept in the vehicle's maintenance file in Maintenance. Services Agreement 8291 Contracted Fixed Route Transit Services Page 134 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT K Transfort Vehicle Inspection Report Vehicle Unit #: Today’s Date: Starting Mileage: Ending Mileage: MECHANIC’S COMMENTS:  ABOVE DEFECTS CORRECTED  ABOVE DEFECTS HAVE BEEN NOTED: WAITING FOR PARTS – WILL NOT AFFECT SAFE OPERATION OF VEHICLE  ABOVE DEFECTS HAVE BEEN NOTED: WILL DISCUSS WITH OPERATIONS MECHANIC’S SIGNATURE: DATE: REV:10/01/08 Inspect each item below and note its condition with either: X = Defective (BLANK) = OK If (X) is entered for any item, please explain in comments section below. IF THERE IS A SAFETY PROBLEM – NOTIFY DISPATCH IMMEDIATELY ITEM PRE POST PRE POST ITEM PRE POST BRAKE TESTS (6): Fans: Defrost / Foot Emergency Exits 1. Service Brake Air Conditioning/Heat EXTERIOR: 2. Emergency Brake w/ Throttle Mirror Adjustments Windows / Windshield 3. Air Pressure Leak Steering mechanism Bike rack 4. Emerg. Brake Engage w/ Low Air Horn Head lights (Hi/Low) 5. Low Air Warning Interior & Gauge Lights Clearance Lights 6. Air Pressure recovery 85-100 psi in 45 seconds Kneeler Turn Signals & 4-ways DRIVER AREA: Lift Rear View Mirrors Clock Retarder Wheels, Tires & Lug Nuts Seat belt 2-Way Radio Check Fuel Fill Caps PA System INTERIOR: Ad Signs “Stop Request” Cord Stairwell lights Access panels Destination Sign Flooring Back-up lights / Beeper Fare Box Fire Extinguisher Stop Lights / Reflectors Oil Pressure Gauge Bio Hazard Kit License Plate Lights Water Temp Gauge First Aid Kit Tail Lights Voltmeter Triangles Fluid Leaks Trans. Temp Gauge W/C Securements Air Leaks Door Operation Stanchions / Rails Engine Door Windshield Wipers & Washer Seating Condition New Body Damage—notify Dispatch now I HAVE REVIEWED THE PREVIOUS VIR, PERFORMED A PRE-TRIP INSPECTION, AND FIND:  No Defects  Defects as recorded below: Comments: Pre-Trip Signature: Radio #: Route / Sch: 1) I HAVE INSPECTED THE OUTSIDE CONDITION OF THE VEHICLE AND FIND:  No New Damage  New Damage as recorded below: Comments: Mid-Trip Signature: Radio #: Route / Sch: 2) I HAVE INSPECTED THE OUTSIDE CONDITION OF THE VEHICLE AND FIND:  No New Damage  New Damage as recorded below: Comments: Mid-Trip Signature: Radio #: Route / Sch: I HAVE PERFORMED A POST-TRIP INSPECTION AND FIND:  No Defects  Defects as recorded below: Comments: Post-Trip Signature: Radio #: Route / Sch: POST-TRIP MID-TRIP(S) PRE-TRIP Services Agreement 8291 Contracted Fixed Route Transit Services Page 135 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT L Date Received: Investigator: Investigator Phone: (circle one) Employee Schedule Stop Vehicle Feedback Information: Gold Service/Foothills Shuttle COMPLAINT REPORT Incident Date: Incident Time: General Information: Incident Location: Employee Name: Vehicle Number: Route Name: Investigator Actions and Statement: Contact Date: Contact Phone: Contact Address: Contact Name: Subject Type: General Description: Employee Statement: Subject Information: Services Agreement 8291 Contracted Fixed Route Transit Services Page 136 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT M Date Received: Investigator: Investigator Phone: (circle one) Employee Fare Passenger Schedule Stop Vehicle Gold Service/Foothills Gateway INCIDENT REPORT Incident Date: Incident Time: General Information: Incident Location: Employee Name: Vehicle Number: Route Name: Passenger, Police or Witness Information: Investigator Actions and Statement: Contact Date: Contact Phone: Contact Address: Contact Name: Subject Type: General Description: Employee Statement: Subject Information: Services Agreement 8291 Contracted Fixed Route Transit Services Page 137 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Incident Type Date Time Route Vehicle Employee Delay From Delay to #Passengers INCIDENT TYPES USE MISSED TRIP - BICYCLE #Passengers MISSED TRIP - CAPACITY #Passengers MISSED TRIP - **P3** CAPACITY #Passengers MISSED TRIP - P3 LIFT INOP #Passengers DOWN Delay From/Delay To PSGR EJECTED / REFUSED #Passengers DETOUR / INACCESSIBLE STOP -- EMERGENT INCIDENT-NON ACCIDENT -- TRIP ADDED Delay From/Delay To TRIP CANCELLED Delay From/Delay To Gold Service/Foothills Shuttle INCIDENT LOG Description ATTACHMENT N Services Agreement 8291 Contracted Fixed Route Transit Services Page 138 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C »»T »»T !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( Colorado State University Colorado State University Foothills Campus Atmospheric Sciences Foothills Campus Shuttle PROSPECT LAPORTE MULBERRY LAUREL VINE ELIZABETH PITKIN PLUM R A M PART SHIELDS OVERLAND TAFT HILL Transit CSU Center Route 33 - Foothills Campus Shuttle Effective 08-22-2016 Legend !( Rt_33_STOPS Print Date: 6/28/2016 Ü 0.5 0.25 0 0.5 Miles Services Agreement 8291 Contracted Fixed Route Transit Services Page 139 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 466 1380 1653 1491 1375 466 DEPART CSU TRANSIT CENTER (CTC) MULBERRY & WASHINGTON CSU ENGINEERING RESEARCH CENTER CSU JUDSON HARPER COMPLEX MULBERRY & CITY PARK ARRIVE CSU TRANSIT CENTER (CTC) 7:15 AM 7:20 AM 7:29 AM 7:39 AM 7:46 AM 7:51 AM 8:15 AM 8:20 AM 8:29 AM 8:39 AM 8:46 AM 8:51 AM 9:15 AM 9:20 AM 9:29 AM 9:39 AM 9:46 AM 9:51 AM 10:15 AM 10:20 AM 10:29 AM 10:39 AM 10:46 AM 10:51 AM 11:15 AM 11:20 AM 11:29 AM 11:39 AM 11:46 AM 11:51 AM 12:15 PM 12:20 PM 12:29 PM 12:39 PM 12:46 PM 12:51 PM 1:15 PM 1:20 PM 1:29 PM 1:39 PM 1:46 PM 1:51 PM 2:15 PM 2:20 PM 2:29 PM 2:39 PM 2:46 PM 2:51 PM 3:15 PM 3:20 PM 3:29 PM 3:39 PM 3:46 PM 3:51 PM 4:15 PM 4:20 PM 4:29 PM 4:39 PM 4:46 PM 4:51 PM 5:15 PM 5:20 PM 5:29 PM 5:39 PM 5:46 PM 5:51 PM 6:15 PM 6:20 PM 6:29 PM 6:39 PM 6:46 PM 6:51 PM BUS STOP NUMBER ATTACHMENT P Services Agreement 8291 Contracted Fixed Route Transit Services Page 140 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Route Stop Order Stop # Stop Name ADA? Audio to Announce 33 1 466 CSU TRANSIT CENTER ADA ROUTE_ 33_DEPARTING 33 2 1380 MULBERRY & WASHINGTON ADA MULBERRY + WASHINGTON 33 3 1381 MULBERRY & SCOTT 33 4 1382 MULBERRY & CITY PARK ADA MULBERRY + CITY_PARK 33 5 1383 MULBERRY & BRYAN 33 6 1652 LAPORTE & FOREST SERVICE ADA LAPORTE + FOREST_SERVICE 33 7 1653 CSU ‐ ENGINEERING RESEARCH CENTER ADA C_S_U_ENGINEERING_RESEARCH_CENTER 33 8 1654 CSU ‐ ATMOSPERIC SCIENCE ADA C_S_U_ATMOSPERIC_SCIENCE 33 9 1655 LAPORTE & FOREST SERVICE 33 10 1627 RAMPART & EQUINE ADA RAMPART + EQUINE 33 11 1624 RAMPART & ARBL 33 12 1494 CSU ‐ JUDSON HARPER COMPLEX ADA C_S_U_JUDSON_HARPER_COMPLEX 33 13 1625 RAMPART & ARBL 33 14 1626 RAMPART & EQUINE 33 15 894 MULBERRY & TAFT HILL ADA MULBERRY + TAFT_HILL 33 16 896 MULBERRY & COOK 33 17 897 MULBERRY & BRYAN 33 18 1375 MULBERRY & CITY PARK ADA MULBERRY + CITY_PARK 33 19 1376 MULBERRY & SHIELDS 33 20 1377 MULBERRY & WASHINGTON ADA MULBERRY + WASHINGTON 33 21 466 CSU TRANSIT CENTER ADA C_S_U_TRANSIT_CENTER ATTACHMENT Q Services Agreement 8291 Contracted Fixed Route Transit Services Page 141 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C MAP LEGEND Bus Route Time Point Bus Stop: Street intersection used for time schedule reference point listed at the top of the time columns to estimate bus arrival and trip times. Bus Stop 1 Transfer Location: Route intersection for transferring to the connecting route or routes indicated. Transit Center GOLD LOOP BUS STOP NUMBER 1478 1448 137 248 1478 DEPART MOUNTAIN & REMINGTON LAUREL & WASHINGTON ELIZABETH & TAFT HILL PROSPECT & TAFT HILL ARRIVE MOUNTAIN & REMINGTON 10:30 p 10:34 p 10:40 p 10:43 p 10:57 p 10:45 p 10:49 p 10:55 p 10:58 p 11:12 p 11:00 p 11:04 p 11:10 p 11:13 p 11:27 p 11:15 p 11:19 p 11:25 p 11:28 p 11:42 p 11:30 p 11:34 p 11:40 p 11:43 p 11:57 p 11:45 p 11:49 p 11:55 p 11:58 p 12:12 a 12:00 a 12:04 a 12:10 a 12:13 a 12:27 a 12:15 a 12:19 a 12:25 a 12:28 a 12:42 a 12:30 a 12:34 a 12:40 a 12:43 a 12:57 a 12:45 a 12:49 a 12:55 a 12:58 a 1:12 a 1:00 a 1:04 a 1:10 a 1:13 a 1:27 a 1:15 a 1:19 a 1:25 a 1:28 a 1:42 a 1:30 a 1:34 a 1:40 a 1:43 a 1:57 a 1:45 a 1:49 a 1:55 a 1:58 a 2:12 a 2:00 a 2:04 a 2:10 a 2:13 a 2:27 a 2:15 a 2:19 a 2:25 a 2:28 a 2:42 a 2:30 a 2:34 a ----- ----- ----- Runs Friday and Saturday Nights All Year Long PLUM MULBERRY LAUREL HOWES SHERWOOD WASHINGTON LOOMIS REMINGTON MATHEWS ELIZABETH TAFT HILL SHIELDS OVERLAND PROSPECT COLLEGE KIMBALL Route Stop Order Stop # Stop Name ADA? Audio to Announce GOLD 1 1478 MOUNTAIN & REMINGTON ADA GOLD_ROUTE_DEPARTING GOLD 2 914 OLIVE & REMINGTON GOLD 3 853 COLLEGE & MULBERRY ADA COLLEGE + MULBERRY GOLD 4 1562 LAUREL & HOWES ADA LAUREL + HOWES GOLD 5 1488 LAUREL & SHERWOOD GOLD 6 1448 LAUREL & WASHINGTON GOLD 7 534 PLUM & BLUEBELL GOLD 8 1482 RAMS VILLAGE GOLD 9 1481 CONSTITUTION & ELIZABETH ADA CONSTITUTION + ELIZABETH GOLD 10 550 ELIZABETH & SKYLINE GOLD 11 551 ELIZABETH & GLENMOOR GOLD 12 137 ELIZABETH & TAFT HILL ADA ELIZABETH + TAFT_HILL GOLD 13 552 ELIZABETH & TIMBER GOLD 14 554 ELIZABETH & OVERLAND ADA ELIZABETH + OVERLAND GOLD 15 245 OVERLAND & GOLDEN CURRANT GOLD 16 790 PROSPECT & OVERLAND ADA PROSPECT + OVERLAND GOLD 17 138 PROSPECT & LARCH GOLD 18 247 PROSPECT & CEDARWOOD GOLD 19 139 PROSPECT & FUQUA ADA PROSPECT + FUQUA GOLD 20 140 PROSPECT & NORTHBROOK GOLD 21 248 PROSPECT & TAFT HILL ADA PROSPECT + TAFT_HILL GOLD 22 249 PROSPECT & SKYLINE GOLD 23 250 PROSPECT & CONSTITUTION GOLD 24 251 PROSPECT & HEATHERIDGE GOLD 25 252 PROSPECT & SHIELDS ADA PROSPECT + SHIELDS GOLD 26 1489 PROSPECT & SHEELY GOLD 27 1490 PROSPECT & CENTRE GOLD 28 1551 PROSPECT & MASON GOLD 29 205 COLLEGE & LAKE ADA COLLEGE + LAKE GOLD 30 127 COLLEGE & ELIZABETH GOLD 31 128 COLLEGE & LAUREL GOLD 32 208 COLLEGE & MULBERRY (N OF) ADA COLLEGE + MULBERRY GOLD 33 1478 MOUNTAIN & REMINGTON ADA MOUNTAIN + REMINGTON ATTACHMENT S Services Agreement 8291 Contracted Fixed Route Transit Services Page 143 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT T Fare Policy Overview The City operates revenue fixed route transit service under an established fare policy guide. For the purposes of the contract, the following guidance has been developed and serves as an amendment to the current fare policy guide. While the City’s fare policy guide for general fixed route transit service is extensive, this fare policy is limited to the scope of the services performed by the Service Provider. SECTION 1 – Fare Collection Vehicles leased to the Service Provider will be outfitted with mechanical fareboxes. Service Provider drivers will collect a fare from all passengers boarding the bus for payment of services. Service Provider shall not require payment for services above what is listed in Tables A & B: Fare Structure of this section. Although normal City fixed route bus service utilizes a multi-tiered fare structure which breaks out various tickets, passes, cash and other fare media, the services herein require adherence to the following fare structure: Table A: Gold Route Passenger Category and Fare Structure FareType Cash Adult $1.00 Senior (60 yrs old+) $0.50 Disabled $0.50 Youth -- Transfort passes or any other type of ticket or pass are not accepted on the Gold route. Table B: Foothills Campus Passenger Category and Fare Structure FareType Cash Media Adult $1.25 -- Senior (60 yrs old+) $0.60 -- Disabled $0.60 -- Youth -- -- CSU -- -- Passes Accepted  Colorado State University RamCard (students, faculty & staff)  Adult Annual Pass  Annual Senior (60+) Pass  Annual Disabled and Medicare Pass  Youth (17 & younger) with Approved ID  31 Day Pass  7 Day Pass  Day Pass  Transfers Accepted Services Agreement 8291 Contracted Fixed Route Transit Services Page 144 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT T Fare Policy *Exclusions As stated above, the City currently has multiple fare media including transfers, pre-paid passes, pre-paid tickets, fare exemptions, cross jurisdictional passes and other means of payment. Passenger trips under the contract shall only be provided if the fares listed in Tables A & B. are collected. If Service Provider chooses to transport passengers who do not pay or are short fares, the Service Provider must record the rides and will be responsible for the fare. SECTION 3 – Ridership Reporting Service Provider will ensure that all passengers are counted upon boarding the vehicle. RideCheck Plus Tablets will be used to capture passengers boarding and alighting at each stop during a trip. Fare categories will be captured manually by the driver and logs submitted monthly to the City. Passenger counts and fare reporting will adhere to the categories in tables A and B. *Any passengers allowed to ride by the Service Provider driver who do not present a fare or appropriate passes (Foothills Campus Shuttle Only) must still be counted within the appropriate fare type categories listed in this section. Passenger Classification In addition to passenger counting, Service Provider drivers will also count number of passengers with wheelchairs and passengers with bicycles who boarded. Counts for passengers with wheelchairs and bicycles will always be a secondary count to the actual passenger count. Note that classification is not a ridership count. Any classifications made will always have primary passenger count associated with the boarding.  Example of use of Wheelchair passenger classification: o Passenger with a wheelchair boards the vehicle and pays a $.50 disabled fare. o The driver would mark “1” for “Disabled” and “1” for “Wheelchair”.  Example of use of Bike passenger classification: o Passenger with a bicycle boards the vehicle and pays $1.00 with a Late Night Bus ticket o The driver would mark “1” for “Adult” and “1” for “Bike” SECTION 4 – Fare Reconciliation Fares and fare media collected by the Service Provider will become the property of the Service Provider for services rendered. In accordance with Exhibit A – Scope of Work of the contract, Service Provider will submit accurate ridership reports to the City by the 5th day of each month. As referenced in Section 1, regardless of actual fares collected, the City will subtract the appropriate fare for each fare type reported from the authorized charges allowed in the invoice. Services Agreement 8291 Contracted Fixed Route Transit Services Page 145 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT U Gold Service/Foothills Shuttle Ridership Report Passenger Count Passenger Classification Month/Year Route Vehicle Regular Disabled Senior Wheelchair Bicycle Contractor Supervisor Signature Date Services Agreement 8291 Contracted Fixed Route Transit Services Page 146 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C INSTRUCTIONS: -Each driver will log their departure time of each trip. -Use denominator during trip to count ridership -At the completion of each trip, log the tally for that trip -Reset the denominator to 0 and log next departure time Service Date: Vehicle Number: Route: Passenger Count Passenger Classification Fare Types Departure Time Regular Disabled Senior Wheelchair Bicycle Gold Service/Foothills Shuttle ATTACHMENT V Ridership Log Services Agreement 8291 Contracted Fixed Route Transit Services Page 147 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT W How To Announce Stops STOP ANNOUNCEMENTS Internal Announcements  Call street name only, not street type (ex: Elizabeth, not Elizabeth Street; Taft Hill, not Taft Hill Road)  Call stop only as listed; do not ad-lib in any way (adding to, abbreviating, changing order)  Stop announcements should be made one city-block length from the announced stop; o Announcements should not be made further away  Ex. Immediately after departing the stop before o Closer to the stop  Ex. Just before pulling up to it  On-board stop announcements must be made through an activated PA system, and audible in the back of the bus  For vehicles outfitted with PA system, if the system is not working properly, that vehicle should not go into service or, if it’s already in service, swapped out as soon as possible How to ANNOUNCE BUS STOPS  First, call the street the bus stop is on  Second, call the cross street  Third, call any other information listed for that bus stop o Ex: “Route 2 – Elizabeth & Taft Hill – King Soopers” How to ANNOUNCE TRANSIT CENTERS - Internally  Call transit center first o Do not abbreviate, say complete name  Call all routes that can be connected with at that transit center o Regardless of whether or not they are direct connections  If interlining, announce route you will depart as o Ex: “Downtown Transit Center – connections to routes 1,5,8,9,14,15,18,81 -- this bus will depart as route 15” Services Agreement 8291 Contracted Fixed Route Transit Services Page 148 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C ATTACHMENT W How To Announce Stops ROUTE IDENTIFICATION External Announcements At any stop where any person is waiting: announcements must be made externally by coming to a complete stop and either:  Using external PA system (if equipped), or  Opening front door and announcing to people present at bus stop o Operator is not required to get out of seat, but must be loud enough to be heard outside At transit centers (after pulling in): announcements must be made externally by:  Using external PA system (if equipped), or  Securing bus, exiting bus and announcing route and new destination information to waiting passengers. o This should be done just after the bus arrives, before it departs, and at other times in between if the bus has a long layover (>20 minutes) How to IDENTIFY ROUTE  Call route  Call destination point o Ex: “Route 19 – Front Range Community College” Services Agreement 8291 Contracted Fixed Route Transit Services Page 149 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC POLICY PRO- GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 7/18/2016 Flood and Peterson Corporate Mailing Address: P.O. Box 578 Greeley CO 80632 Brianne Danielson, CISR (970)266-7118 (970)506-6846 BDanielson@FloodPeterson.com Green Ride CO, Inc. dba Go Green Ride and Green Ride Colorado 4825 Earhart Road Loveland CO 80538 National Interstate Insurance Vanliner Insurance Company CL1612908717 A X X X XPP575836002 02/01/2016 02/01/2017 5,000,000 250,000 5,000 5,000,000 5,000,000 5,000,000 BLWOS A X X X X XPP575836002 02/01/2016 02/01/2017 5,000,000 B XWC575836002 02/01/2016 02/01/2017 X 1,000,000 1,000,000 1,000,000 B Stop-Gap Coverage XWC575836002 02/01/2016 02/01/2017 Limit $1,000,000 for Monopolistic States Certificate holder is additional insured with respect to General Liability and Automobile. B Danielson, CISR/BDA The City of Fort Collins Purchasing Department P.O. Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C TIMBER HILLCREST PALM LARCH CEDARWOOD NORTHBROOK EVERGREEN UNDERHILL HEATHERIDGE SHEELY WHITCOMB SKYLINE CONSTITUTION CITY PARK WELLS FARGO LAKE MYRTLE LAKE ELIZABETH LOCUST PITKIN MAGNOLIA OLIVE MOUNTAIN GLENMOOR SKYLINE FUQUA CENTRE MASON MASON CSU Campus West Safeway King Soopers Ram’s Village EB WB SB NB DOWNTOWN LAUREL ELIZABETH PROSPECT COLLEGE EFFECTIVE 08/22/16 ridetransfort.com INFO 970.221.6620 GOLD Services Agreement 8291 Contracted Fixed Route Transit Services Page 142 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Note: Many of these standard operating and emergency procedures are included in National RTAP’s Safety Training And Rural Transit (START) training module available for free from your state RTAP or online at www.NationalRTAP.org. 35 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 76 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Page 75 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C the scene to assist you? Choose one member of your group to make a simulated radio call to the dispatcher to report the accident and request assistance. 32 Case Study 3 — Accident Case Study 4 — Hazmat ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 73 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C management or emergency responders. Response to a toxic chemical release includes: Shut down HVAC systems on the vehicle or in the facility to avoid spreading contamination. Do not touch, move or cover the substance. Remain calm and evacuate everyone from the aff ected area. Attempt to isolate and secure the area. Do not re-enter a contaminated area once you have evacuated everyone. Report the situation to dispatch including your location, the number of victims, a description of the substance, and any symptoms displayed by the victims. Await direction from management or emergency responders. 31 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 72 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C location check — Southbound on 6th Street at Hopper. Time check 10:42. Copy?” If trained and practiced, this can be used to alert dispatch to on-board threats without alerting the perpetrator. Transit Watch Transit Watch was developed by the Federal Transit Administration (FTA) in the aftermath of the 9/11 attacks and encourages transit employees, transit riders and community members to be aware of their surroundings and alert to activities, packages or situations that seem suspicious. If you see something that seems out of the ordinary and potentially dangerous, it should be immediately reported to dispatch who will take the appropriate actions and/or notify the appropriate authorities. Focus on Behavior When making observations of possible criminal or terrorist activity, keep in mind that suspicion is based on behavior such as: Where someone is When or why he or she is there What he or she is doing Suspicion is not based on: Color, ethnicity, nationality or religion Suspicious packages: HOT Items *Th e following is adapted from guidance created by the London Underground and the British Transport Police. One challenge facing drivers and other transit employees is making the distinction between ordinary lost and found items and potential terrorist weapons such as improvised explosive devices (IEDs) and chemical, biological or radiological dispersal devices that can be disguised as ordinary items. 30 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 71 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Make every eff ort to allow passengers to exit the vehicle whenever possible. If there are no passengers on-board, look for a way to escape the vehicle. If the antagonist leaves the bus, do not pursue him or her. If a weapon is involved, do not attempt to grab it or make any sudden movements. If driving, let the assailant know verbally each move being made, such as turns, lane changes, stops, etc. Make every eff ort to cooperate with the assailant and make the assailant feel no resistance. If violence is directed toward a passenger, immediately contact the dispatcher and intervene only if safe to do so. Provide information to the dispatcher including the vehicle’s location, the nature of the incident, description of the assailant(s), and any weapons involved. Complete the required forms and documentation consistent with your system’s accident procedures. ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 70 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C vehicle — do not pursue the person. If violence is directed toward another passenger, immediately contact dispatch or 911 and give the following information: Your vehicle’s location. Th e nature of the incident. If it is a life safety issue, be clear about the threat and the need for police intervention. A description of the threatening individual. A description of any weapons, if suspected or evident. Remember: In a dangerous situation, it is important that you maintain self-control. Th e passengers will look to you for calm leadership and to keep them safe. You are not expected to be a hero but simply a professional. 28 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 69 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Criti cal Infrastructure Many things can cause temporary or extended loss of power and communication services. When operating your vehicle under such circumstances: Continue to operate your route/shift within the limits of reasonable safety. Treat all inoperable stoplights as four-way stops. If possible, get an estimate of how long power will be out and how widespread the aff ected area is. ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 68 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Exposure to chemical release may require decontamination of you, your passengers and your bus. First responders will advise you regarding required decontamination procedures. Individuals potentially exposed to toxic release will be kept at the scene and isolated to ensure that others are not contaminated. ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 67 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C information and warnings. Stay alert. Roads may be blocked or closed due to collapsed pavement or debris. Stay away from high water, storm drains, ditches, ravines and culverts. Do not drive across fl ooded roads or bridges— they may be washed out. If fl oodwaters are encountered, turn around and go another way. Be aware of any sudden increase or decrease in water level in a stream or creek that might indicate debris fl ow or damming that could aff ect nearby roads. Flash fl oods can strike with little or no warning. In mountainous or fl at terrain, distant rain may be channeled into gullies and ravines becoming rampaging torrents in minutes. If the vehicle stalls in fl oodwaters, evacuate immediately and seek higher ground. Rapidly rising water may engulf the vehicle and its occupants. It takes only a foot of rapidly moving water to sweep away a vehicle. Stay away from downed or damaged utility lines. Report the location of damaged utility lines to your dispatcher so the appropriate authorities can be notifi ed. 25 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 66 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C mudfl ow or landslide. If a landslide or debris fl ow is imminent, move away from the path of the slide. 24 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 65 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Stress that passengers must assemble in the safety zone, well away from the vehicle and clear of traffi c hazards. Ask for assistance from ambulatory passengers in evacuating passengers who are injured or disabled. Evacuate all ambulatory passengers fi rst, except those who have agreed to assist in the evacuation of non-ambulatory passengers. When evacuating the non-ambulatory passengers and passengers in wheelchairs: Use a web cutter to cut through all restraint belts. If the wheelchair door and the lift are operable, use the lift to evacuate non-ambulatory passengers. In an emergency, the lift may be operated manually by using a pump-handle tool. You can use the lift as a step for both ambulatory and non-ambulatory passengers by lowering it to an appropriate height. If you must resort to drag-and-carry techniques to evacuate passengers: Use a web cutter to cut through seat belts restraining the passenger in his/her wheelchair. 23 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 64 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C biohazard kit. Cover the spill area with the absorbent found in the biohazard kit. Using the scoop from the biohazard kit, place any contaminated materials in the biohazard bag provided in the kit. Apply disinfectant to the spill area, if available. If the clean up includes broken glass or other sharp objects, pick up the sharp objects with tongs or other means, never with fi ngers. Dispose of sharp, potentially contaminated items in the leak proof, puncture proof container provided in the biohazard kit. Carefully discard all cleaning materials and gloves in the biohazard bag. Immediately double bag the biohazard bag to reduce the likelihood of rupture. Ensure that all biohazard materials are placed in the appropriate depository. Th oroughly wash hands with soap and hot running water as soon as possible. Collect passenger comment cards. Complete all required incident documentation. 22 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 63 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C details. Later, contact dispatch with further information including the number and severity of injuries and all other available details. 4. Protect Others — In a multiple casualty event, you may need the aid of able-bodied passengers to save as many lives as possible. You and any volunteers should: 1. Put on protective gloves from the fi rst aid kit, 2. Assist those who are having diffi culty breathing, and, 3. Apply direct pressure to severe wounds to reduce bleeding. 21 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 62 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C airfl ow near the passenger and reduce nausea and possible feelings of claustrophobia. Seizures A seizure rarely lasts more than two or three minutes. Advise your dispatcher and request medical aid at the fi rst indication that a passenger is having a seizure. Th e driver’s primary concern should be preventing the person experiencing seizures from injuring themselves or others. Indications of seizures include: Loss of concentration or consciousness Loss of bladder control Foaming at the mouth Dazed expression Falling to the fl oor Spastic and convulsive motions Abnormal breathing patterns What you should not do in the case of a seizure: Do not try to keep the individual from moving. Th ere is no way the movement can be stopped and you are likely to be hurt yourself. 20 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 61 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C of drugs in the other vehicle(s)? Did you have any other pertinent observations, including the condition and behavior of the other driver(s) or vehicle occupants? Did you notice anything unusual about the scene or the vehicles involved? On-board Injury and Illness When faced with an on-board injury or illness, follow the Seven Steps of Crisis Management to keep the injured passengers as comfortable as possible until medical assistance arrives. 1. Protect Yourself— Ensure the vehicle is stopped in a safe location so you can lend aid without risk to yourself. 19 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 60 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C move the vehicle off the roadway, make sure the location: Is out of the way of traffi c Has a good line of sight for other traffi c and is not obscured by a curve or the crest of a hill Allows easy access for emergency response or service vehicles Has suffi cient room for passengers to safely get off the vehicle (including those with mobility devices) Is close to support services (street lighting, stores or retail establishments) Turn on the four-way fl ashers. If the vehicle is on a grade, turn the front wheels against the curb to prevent a rollaway (if there is no curb, block the rear wheels against the grade). Put the transmission in park or neutral as dictated by the type of vehicle, set the brakes and shut the engine off . Set fl ares / triangles to warn approaching motorists as described below. 17 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 58 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C arrive on scene (for example, a fi re spreads requiring evacuation of the vehicle), notify dispatch of the changes to the situation. Th is will provide the latest information to responders. Chapter 3 — Emergency Procedures The Seven Steps of Crisis Management 1. Protect Yourself 2. Assess the Situation 3. Notify Dispatcher/Request Aid 4. Protect Others 5. Secure the Vehicle 6. Gather Incident Information 7. Complete Post-incident Reports 16 ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 57 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Services Agreement 8291 Contracted Fixed Route Transit Services Page 55 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Visibly increased agitation, sudden movements Hostile or aggressive facial expressions, intense or unbroken eye contact, and violations of personal space Raised voice or shouting with the inability to control escalating anger Th reats or expletives Th reatening posture or actions such as a clenched jaw, closed fi sts or heavy breathing Suggestion or evidence of a weapon Known history of violent behavior For more information see the Problem Passengers; Challenging Situations training module. It is available at www.NationalRTAP.org. Terrorism Sometimes the line between criminal activity and terrorism is not clear. While it is not very common, criminals and disturbed individuals may be capable of violent crimes. Past incidents have included hostage takings and murder. Th e diff erence between a crime and a terrorist attack is rooted in the motivation of the perpetrator. Terrorism refers to violent acts that are intended to create fear and are perpetrated for an ideological goal. Terrorist att acks may include: Armed attack on board a transit vehicle Hostage situation on board a vehicle or at a transit facility Bomb threat or attack Chemical, biological or radiological attack Suspicious Packages: H-O-T Items One challenge facing drivers and other transit employees is making the distinction between ordinary lost and found items and potential terrorist weapons such as improvised explosive devices or chemical, biological or radiological dispersal devices. While the odds are it’s a lost and found item, how do you know for sure? Details on recognition of suspicious packages are provided in the next section, Emergency Procedures. ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 54 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C not be labeled or marked at all. Symptoms of a Toxic Chemical Release: Two or more people experiencing diffi culty breathing, uncontrollable coughing, collapse, seizure, nausea, blurred vision or disorientation A cloud, mist, fog, fi ne powder, dust, liquid or oily residue with no explainable source Items emitting an unexplainable or pungent odor or vapor Abandoned or out-of-place aerosol or manual spray devices re are also hazardous terials transported on r roadways illegally d therefore may be labeled or rked at all. mptoms of a Toxic i l R l ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 53 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C plowed roads Severe Thunderstorms Severe thunderstorms with accompanying heavy rains and high winds can create a variety of problems including fl ooding, downed trees and power lines, and power outages. Flooding Flooding can be caused by intense rainfall, storm surge, rapid snowmelt, ice jams, dam breaks or levee failures that carry debris onto roadways and cause vehicles to become waterlogged or swept from the road. Dust Storms Dust storms occur when strong winds whip dirt, sand and dust into the air. Dust storms can travel for hundreds of miles and reduce visibility to near zero. Landslide or Avalanche Landslides, snow slides and mudfl ows can block roadways, bury vehicles and sweep them off of roadways. Th ey are often associated with heavy storms and fl ooding in hilly or mountainous terrain. Earthquakes can also trigger landslides or avalanches. ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 52 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C 8291 Contracted Fixed Route Transit Services Page 48 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C accessories turned off For additional information on vehicle safety, see the National RTAP module, Safety Training and Rural Transit (START), available for free at: http://portal.nationalrtap.org/iframe/getfi le. aspx?id=184 Personal Preparedness An emergency can happen at any time. Challenging weather conditions, vehicle breakdowns, other drivers’ mistakes or a passenger’s illness can happen at anytime. You must be prepared for all possibilities. Mental Preparati on Preparing yourself mentally is not automatic. It takes time and thought to identify and consider the types of emergencies that you might encounter. Evaluate your personal limitations. Th e way you feel physically can infl uence your ability to react. Lack of sleep, illness, personal problems, and especially drug and alcohol use will reduce your ability to avoid emergency situations, or worse, could be the reason you become involved in an emergency. ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 47 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Sand/Salt—Used to improve traction in snow and ice or to free a stuck vehicle. (Salt should be stored in a waterproof container). Shovel —May be required to dig out a stuck vehicle. Is frequently used in combination with sand and salt. Tire chains to improve traction in ice and snow. Emergency equipment should be readily available but stored out of the way of passengers and the driver. All equipment should be secured so as not to present a safety hazard to passengers in the event of a sudden stop. ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 46 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C Unruly passengers (can escalate to criminal activity) A bombing or bomb threat (terrorism) Th is workbook will provide you with guidelines that, when combined with your agency’s policies and your skills, will help you to make professional, eff ective decisions in emergency situations. ATTACHMENT A Services Agreement 8291 Contracted Fixed Route Transit Services Page 44 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C II Non State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects Yes3 Yes3 Those imposed on non-state Grantee pass thru to Contractor Yes Yes Yes Yes Yes Yes Yes Yes Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i) 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 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. Services Agreement 8291 Contracted Fixed Route Transit Services Page 25 of 149 DocuSign Envelope ID: 7BDEA8B4-BACC-4318-B659-528B7BA4E32C