SCHEDULE A
SCOPE OF SERVICES
The FIRM shall provide Drug and Alcohol testing & Physicals for approximately eighty
(80) employee’s of First Transit of Dutchess County’s (LOOP) commercial motor vehicle drivers and those in safety-sensitive positions who are employees and or prospective employees in compliance with all governing, applicable county, state and federal regulations, including, but not limited to those listed in Schedules A1 and A2, as well as the rules and regulations of the Federal Transit Administration (FTA) and the federal and New York State Departments of Transportation (DOT).
The FIRM agrees to provide and implement a drug and alcohol testing program that fully
Complies with 49 CFR, 40, 653,654, and 655. FIRM agrees to produce any documentation necessary to establish its compliance and to permit an authorized representative of the Federal Trade Administration, the United States Department of
Transportation, the New York Department of Transportation, and First Transit of
Dutchess County, and/or any of their agents or operating administrations, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required. The FIRM agrees further to certify annually its compliance before
December 31 st
of each year, and to submit to the Management Information System reports before February 1 st of each year. To certify compliance, the FIRM shall use the
“Substance Abuse Certifications” in the Annual List of Certifications and Assurances for
Federal Transit Administrations Grants and Cooperative Agreements, which is published annually in the Federal Register.
The provisions of this contract include, in part, certain standard terms and conditions which are required by the FTA and DOT, whether or not expressly set forth in the
Contract provisions. All contractual provisions required by the DOT as set forth in FTA
Circular 42201.F is hereby incorporated by reference. Anything to the contrary herein
Notwithstanding, all FTA mandated terms, rules and regulations, shall be deemed to
Control in the event of a conflict with other provisions contained within this Agreement.
The FIRM shall not perform any act, fail to perform an act, or refuse to comply with any
First Transit requests which would cause First Transit of Dutchess County to be in violation of the FTA and DOT conditions, rules and regulations.
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DETAIL OF DRUG AND ALCOHOL TESTING SERVICES
1.
Firm shall conduct all testing in compliance with all pertinent county, state and federal laws, rules, procedures, guidelines and other applicable documents
Including but not limited to the following: a.
Title 49 Code of Federal Regulations, Part 40, Procedures for
Transportation Workplace Drug and Alcohol Testing Programs which can be found at the following web address: http://www.dot.gov/ost/dapc/NEW_DOCS/Part40_complete_2007126.doc
; and b.
Title 49 Code of Federal Regulations, Part 655, Prevention of Alcohol
Misuse and Prohibited Drug Use in Transit Operations which can be found at the following web address; http://www.access.gpo.gov/nara./cfr/waisidx_05/49cfr655_05html ; and c.
Federal Transit Administration (FTA) Substance Abuse Publications which can be found at the following web address: http://transit-safety .volpe.dot.gov/safety/DATesting.asp:and the following address: http://transit-safety.volpe.dot.gov/safety/DATesting/newsletters/ default.asp
2.
FIRM shall conduct drug and alcohol testing of First Transit of Dutchess
County’s safety-sensitive employees and or prospective employees in compliance with 49 CFR Parts 40 and 655.
These services include: a.
Providing collection site facilities and specimen collection services for
Urine drug test and breath alcohol test during all hours of First Transit of
Dutchess County’s Operations which operate seven (7) days a week and twenty-four (24) hours a day. b.
Providing off-hour collections within regulatory time limitations for post- accident and reasonable suspicion tests. c.
Providing drug test analyses from US Department of Health and Human services (DHHS) certified laboratories for both the initial specimen sample and any split-specimen samples. d.
Providing the services of a nationally-certified Medical Review Officer
(MRO).
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e.
Providing the selection of names for random drug and alcohol testing at the beginning of each quarter of the calendar year utilizing a computerized random number generator. f.
Providing an annual report to First Transit of Dutchess County which summarizes test types, quantities of each test type and test results.
3.
All drug and alcohol tests conducted under US Department of Transportaion
(DOT) authority shall be performed in compliance with CFR 49 Parts 40 and
655, the details of which can be found at the following web addresses : http://www.access.gpo.gov/nara/cfr/waisidx_05/49cfr655_05.html
4.
All non-DOT drug and alcohol test conducted by the FIRM under First Transit of
Dutchess County’s authority shall also be performed in compliance with CFR 49
Parts 40 and 655, except that only non-DOT testing forms shall be utilized.
5.
The FIRM understands that compliance with 49 CFR Parts 40 and 655 is a
Condition for the continued provision of drug and alcohol testing County services and Compliance will be monitored by First Transit of Dutchess personnel. First
Transit of Dutchess County’s monitoring of compliance may include periodic collection site tours and mock collections.
6.
The FIRM agrees that its failure to comply with the said regulations or to correct compliance deficiencies pointed out by designated First Transit of Dutchess
County personnel, or by state or federal authority, shall be grounds for termination of this Agreement.
7.
The FIRM agrees that all laboratories it utilizes for specimen testing shall be on the current list of laboratories certified by DHHS.
8.
The FIRM agrees that all drug and alcohol test collections it conducts shall be
Performed by Urine Collection Technicians (UCT) and Breath Alcohol
Technicians (BAT) for whom current certificates of training are on file with the
FIRM.
9.
The FIRM agrees that a file shall be maintained of current certificates of training for all FIRM personnel, including Urine Collection Technicians, Breath
Alcohol Technicians and Medical Review Offices. Copies of the current training certificates for all FIRM personnel shall be provided to First Transit of Dutchess
County by the FIRM.
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10.
The FIRM agrees that the collection site facility shall not be geographically located more than Fifteen (15) highway miles from the First Transit of Dutchess
County site facility which is located at 14 Commerce Street in Poughkeepsie,
New York. This is required in order to reduce lost productivity for First Transit of Dutchess County and can ensure compliance with time limitations regarding post-accident and reasonable suspicion testing.
11.
The FIRM and all involved personnel, when contacting, coordinating and communicating confidential information and testing information, shall contact the following designated First Transit of Dutchess County personnel in the following order: (i) first by contacting William McGarry, the First Transit of
Dutchess County’s Substance Abuse Program Manager (a/k/a. Designated
Employer Representative); (ii) if the First Transit of Dutchess County Substance
Abuse Program Manager is not reachable, by then contacting Ann Marie Holden,
The Assistant Substance Abuse Program Manager. The contact information for these individuals will be supplied by First Transit of Dutchess to the FIRM.
12.
The FIRM and all involved personnel shall abide by the confidentiality
Requirements of 49 CFR Part 40. All drug test information, including all documents with names and Social Security numbers of employees, must be handled in a confidential manner and only released to the designated First
Transit of Dutchess County personnel in the manner defined in paragraph “11.”
13.
The FIRM will randomly select the names of safety-sensitive personnel on a quarterly basis for random drug and alcohol testing. Names will be selected on the first day of each calendar quarter (January 1 st , April 1 st , July 1 st , and October 1 st ) utilizing a computerized random number sequence generator. Selected names will be submitted to the designated First Transit of Dutchess County personnel in the manner defined in paragraph “11”, in a confidential manner by the fifth business day of the new quarter. First Transit of Dutchess County currently requires that the FIRM conducts random testing on covered personnel at an annual rate of fifty
(50) percent for drug use and ten (10) percent for alcohol use. The FIRM will coordinate with the designated First Transit of Dutchess County in the manner defined in paragraph “11” to confirm the names to be included in each quarterly random pool.
14.
The FIRM agrees that its collection site shall be accessible off-hours within sixty
(60) minutes of notification of the on-call UCT and BAT, as arranged with the
First Transit of Dutchess County Substance Abuse Program Manager (SAPM).
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15.
Regular hours of operation are listed below:
4: AM to 12: AM Monday-Friday
Off hours shall be defined as those hours not listed as regular hours of operation.
Saturday & Sunday 5:15 AM to 12:00 AM
DOT PHYSICALS FOR COMMERICAL DRIVERS DETAIL FOR SERVICES
16.
PHYSICALS REQUIRED: a.
The FIRM shall conduct pre-employment physicals as determined by William
McGarry Operations Manager or Ann Marie Holden Operations Supervisor for
First Transit of Dutchess County. All FTA & DOT regulations apply. b.
The FIRM shall also conduct DOT-certified physicals every two (2) years percommercial driver as required by FTA & DOT regulations or as directed by the
Operations Manger or Operation Supervisor. c. The FIRM will conduct said physicals at their facility during regular hours of operation of First Transit of Transit of Dutchess County. All results from physical exams shall be mailed to the attention of the Operations Manager or Operations
Supervisor located at 14 Commerce St, Poughkeepsie, NY 12603 . d.
Regular hours of operation are listed below:
Monday – Friday 8:00 AM to 5:00 PM
17. MEDICAL EXAMINER : a) Except as provided by paragraph (b) of this section, the medical examination shall be performed by a medical examiner Licensed by the State of New York.
(b) A licensed optometrist may perform so much of the medical examination as pertains to visual acuity, field of vision, and the ability to recognize colors.
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(c) Medical examiners shall:
(c)(1) Be knowledgeable of the specific physical and mental demands associated with operating a commercial motor vehicle and the requirements of this subpart, including the medical advisory criteria prepared by the FTA as guidelines to aid the medical examiner in making the qualification determination. The medical examiner must be familiar with
49 CFR 391.41
, of the FTA & DOT guidelines for physical qualifications for drivers, and should review these instructions before performing the physical examination.
18.TERM OF CONTRACT
The contract will begin on November 16,2009 and terminate no later than
November 15, 2010. This contract will be for one (1) year with three (3) additional option years.
19 INSURANCE REQUIREMENTS
At all times during the term of this Agreement, the Contractor shall maintain at his own cost the following insurance and shall provide proof thereof to the
County, in the form of a Certificate of Insurance, prior to commencing work under this Agreement:
(a)
Statutory Worker’s Compensation coverage in compliance with the Compensation Law of the State of New York. In the event the statute does not require coverage of contractor, contractor must complete NYS Workers’
Compensation Board Form CE-200 and provide the County with a properly executed copy thereof.
(b) General Liability Insurance coverage in the comprehensive or commercial general liability form including blanket contractual coverage for the operation of the program under this Agreement in the amount of $1,000,000.00 per occurrence. This insurance shall include coverage for bodily injury and property damage and shall be on an occurrence form with a waiver of subrogation. The County must be listed as additional insured.
(c) Automobile liability insurance coverage for all owned, leased, or non-owned vehicles in the amount of
$1,000,000.00 per occurrence. This insurance shall include coverage for bodily injury and property damage. The
County must be listed as additional insured.
(d) Professional Liability. The Contractor shall provide proof of such insurance with limits of $1,000,000.00 per occurrence; $3,000,000.00 in the aggregate.
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