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Job Access Contract - Cab Co. ARC Use THE CITY OF ~ DUB E ~~~ MEMORANDUM January 24, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Job Access Contract with A-OK Cab Company Economic Development Director David Heiar recommends City Council approval of a contract with A-OK Yellow Cab Company for the purpose of providing evening, weekend, and peak time transportation service to Area Residential Care using Job Access Reverse Commute (JARC) funding matched with funding from Area Residential Care and A-OK Yellow Cab Company. I concur with the recommendation and respectfully request Mayor and City Council approval. f1Jt~/1~ fA Michael C. Van Milligen ~ MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director THE CITY OF ( ,::.~ DUBUQLTE ~</k.~ MEMORANDUM January 19, 2006 TO: Michael Van Milligen, City Manager FROM' 0"" J. He~', Eoo""m~ Devel""me.. 01",_ 'W ~ SUBJECT: Job Access contract with A-OK Cab Company PURPOSE The purpose of this memo is to provide background information regarding a service request from Area Residential Care and A-OK Yellow Cab Company, and to recommend the use of an approved federal grant to fund this request. BACKGROUND The Transit Division is in possession of a $35,000 Job Access Reverse Commute (JARC) SO/50 matching federal grant to support additional transportation services to assist persons with disabilities to reach jobs and to increase access to jobs for welfare recipients and other low-income individuals. The grant was originally approved in September of 2000. At the time the grant was approved the State Department of Human Services was providing matching funds under the Temporary Assistance for Needy Families (TAN F) program. The City sub-contracted transportation service under this grant through the Regional Transit Authority as the transit division prepared to move minibus services and convert RTA contract into the city transit system. However, at the end of FY 2002 the Department of Human Service Council discontinued TANF match for JARC projects due to budget shortfalls. The loss of matching funds essentially ended the JARC transportation service and subcontract with the RTA. In December of 2003 a small opportunity developed to apply JARC funding under the city's urban contract with Area Residential Care for employment transportation to McGraw Hill at the Dubuque Technology Park. The grant contract has been extended several times due to the marginal draw downs from the McGraw Hill service. In March of 2004, ECIA staff completed a planning grant project by the Community Transportation Association of America. The purpose of the grant was to focus on improving rural and urban transit services for persons living with disabilities in the fringe areas surrounding the City of Dubuque. A lack of accessible evening and weekend transportation was identified as a major barrier to persons living with disabilities in the community. JOB ACCESS AND REVERSE COMMUTE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND JMTG INC. This Agreement, dated for reference purposes the 6TH day of February, 2006, is made and entered into by and between the City of Dubuque, a municipal corporation (City) and JMTG Inc, an Iowa business corporation (Agency). WHEREAS, City has received funding through the Federal Transit Administration Job Access and Reverse Commute competitive grant program (JARC) with matching funds from JARC service users and Agency; and WHEREAS, JARC funds are intended for transportation services by expanding existing service hours to fill transportation gaps for low income individuals to provide work-related and child-care transportation service; and WHEREAS, the City Council of the City of Dubuque deems it in the best interests of the City to provide, within the Dubuque urban area, JARC services for eligible persons. NOW THEREFORE, in consideration of the mutual conditions and covenants contained in this Agreement, City and Agency agree as follows: 1. Term of Aareement. The term of this Agreement shall be for the period beginning February 7,2006 through June 30, 2007. 2. ScoDe of Service. a. City hereby contracts with Agency for and Agency agrees to provide employment transportation service for eligible persons as provided in this Agreement during the hours of 5:00 a.m. to 12:00 a.m. seven days a week. b. Agency shall employ a JARC Coordinator who administer this Agreement and who shall be responsible for report generation, billing, eligibility verification of passengers and scheduling. c. City and Agency shall jointly market the availability of JARC services. d. Agency shall provide accessible vehicles and drivers trained in passenger assistance and wheel chair securement procedures. e. Agency agrees that its safety sensitive employees shall be subject to federal drug and alcohol testing requirements. Prior to the execution of this Agreement, Agency shall provide City with a copy of its drug and alcohol testing policy. f. Agency shall provide City completed eligibility applications for all JARC passengers. City shall make the final determination of determine eligibility and shall only be required to reimburse Agency for services provided to eligible passengers. 3. Compensation. a. City shall pay to Agency an amount not to exceed $35,000 for the period of March 1, 2006 to June 30, 2007 which shall constitute complete compensation for all services to be rendered during the term of this Agreement. b. Compensation shall be paid to Agency upon receipt from Agency by City by the fifth day of each month following the month for which services were provided, of a request for reimbursement in two (2) copies together with a ledger sheet detailing receipts and expenditures and a tabulation detailing delivery of services, all in a form acceptable to City. c. There shall be no reduction of service levels or any fare increase by Agency or City except as permitted by the procedures established by the City Council for the KeyLine Transit System. d. Agency agrees to establish and maintain a cash fare structure of $6.00 per one way ride. The cost of this service will be paid for through the following formula: 50% $3.00 JARC funds 40% $ClienUAgency fare $1.00/$1.40 10% A-OK Yellow Cab Company (JMTG, Inc.) $ .60 There shall be no fare increase except as permitted by the procedures established in the Fare Increase and Serve Changes Process adopted by the Dubuque City Council. 4. Driver Trainina. Agency shall provide training to all its drivers who provide JARC services in passenger assistance, sensitivity, lift operation and safe driving. 5. Privacy of Patrons. Agency shall determine the qualifications of persons utilizing JARC services and shall maintain the anonymity and privacy of such persons. 6. Insurance. a. Agency shall at all times during the term of this Agreement maintain insurance as provided in the attached Insurance Schedule. b. Agency shall immediately notify City's Transit Manager of any accident involving a JARC passenger. Agency agrees that City's representatives and its insurer shall have the right to discuss the contents of any report relating to such accident and the circumstances of any such accident with Agency employees, and Agency agrees that it shall require its employees to cooperate with City and its insurer in the investigation of any such accident. 7. Indemnification. Agency shall defend, indemnify and save harmless City, its officers, agents and employees, from and against any and all claims, losses, judgments, costs and expenses of any kind arising out of or related to Agency's performance of this Agreement. 8. Records. a. Agency shall comply with all requirements of the Federal Transit Administration imposed upon City concerning special requirements of law program requirements and other administrative requirements approved in accordance with Federal Circular A-102. b. Agency shall give City, Federal Transit Administration and the Comptroller General of the United States, through any authorized representative, access to and the right to examine all records, books, papers and documents relating to this Agreement. c. In addition to the foregoing, Agency shall maintain the following specific records and shall provide City access to such records for review and audit: (1) Time Records (2) Requests for reimbursements and supporting documents (3) Maintenance and mileage records. d. Agency shall maintain all records related to this Agreement for not less than three years after the end of the federal fiscal year to which they pertain. 9. Compliance with Law. a. Agency shall at its expense comply with all applicable federal, state and local laws, ordinances and regulations, including but not limited to, any applicable laws and regulations pursuant to the Americans with Disabilities Act (ADA). b. Agency shall comply with all applicable federal, state and local laws and regulations pertaining to wages and hours of employment of its employees. 10. Civil Riahts. a. Agency shall comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and in accordance with Title VI of the Act, no person shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which Agency receives financial assistance. Agency shall immediately take measures necessary to effectuate this requirement. b. Agency agrees that routing, scheduling, quality of service, frequency of service, age and quality of vehicles assigned to routes, quality of stations, serving different routes and location of routes shall not be determined on the basis of race, color, sex, age, national origin, religion or disability, except as otherwise provided by law. c. Agency shall comply with Title VI of the Civil Rights Act of 1964 (42 UJSC), the Iowa Civil Rights Act (Iowa Code Chapter 601A) and the City of Dubuque Human Rights Ordinance. d. In the event that Agency is in noncompliance with the nondiscrimination provisions of this Agreement, City shall impose such contract sanctions as it or the Federal Transit Administration may determine to be appropriate, including, but not limited to: 1. Withholding payments due Agency under this Agreement until the Agency complies; and/or 2. Cancellation, termination or suspension of this Agreement in whole or in part. 11. Interest of Members. Officers. or Emplovees of the City of Dubuaue. Members of the Dubuaue City Council or Other Public Officials. No officer or employee of the City of Dubuque, or its designees or agents, no member of the Dubuque City Council and no other public official of the City who exercises any function or responsibilities with respect to this Agreement during such persons' tenure, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. 12. Assianment. Agency shall not assign this Agreement in whole or in part without the prior written approval of City. 13. Termination. a. This Agreement may be terminated for any reason by either party giving thirty (30) days notice in writing to the other party. However, the City may also terminate this Agreement for failure of the Agency to comply with any material term of this Agreement by giving ten (10) days notice in writing to Agency. b. There is no obligation on the part of either party to continue or to renew this Agreement upon its expiration or termination. JMTG Inc. CITY OF DUBUQUE, IOWA Jim Pullen, President Date ~ IL.....;.; 1-/7-010 Harry J. IS Date Dubuque ransit Trustee Board Chairperson WITNESS Jeanne Schneider City Clerk Date Roy D. Buol Mayor Date From: Ric:kUrbain 563--582-6580 To: Fax#5821810 Date: 1J23l2OOt1 Tlme: 3:13:10 PM Page 1 012 ACORD.. CERTIFICATE OF LIABILITY INSURANCE VATI!: IIIIMlOm'YYI vl/23/2006 THIS CER11fICATE IS ISSueD AS A MATTBl Of INFORMATION ONLY AND CQNF!!R8 NO RIClHTS UPON THe CeRTIFICATE HOLDER. ntlS ceRTIFICATE DOE$ NOT AMEMl, EXTEND OR ALTER THe coveRAGe AFFORDeD BY THe POlICe BelOW. ."""""'" urbain & ~3ocidt@3 9151 E Tamaracl: Dr Dubuque, IA 52003 - A OK Yellow Cdb 253Q I\Qrper Blvd Du.ou"1u"" Ii\. 5:001 INSURERS AFFORDING COVERAGE lNSlJRERA:Burlington .Insu.ranc~ INS\JRERB: National Casual t' C INSlJRERC: Liberty Mutual IN$lJRERD. r6JRER E NAIC # company an COVERAGES 1HE P'OLIClES OF tlSURNICE USTED BELOW HAVE BEEN ISSlED TO mE INSl..flEDNMEOABOVE FORTlE POUCY PERICO ItDCATEO. N01WITHSTAI-DiG AN"f R:EaUREUENT. tERM OR CONDITION OF Nl'f CON'1"fW;f OR OTtER DOCt.NENT 'MTH RESPECT TO WItCH THIS C!R'l'R::ATE MAY BE ISSUED OR tAAV PERT""', THE INSlJ:WtCE AFFORDED 8\' nE PCIlJCES DESCRI3ED HEREflIS ~ 1'0 ALL THE TERMS. EXCLUSIONS HI) CONOfl'k)NS OF SUCH POLICIES-AGGREGATE Ur.tTS SHOWN MAY HAVE BEEN REDlJCEO BY PAlDCLANS. l~: -~, """"",- PO""" B'FECTNE f'CllICYEXPIAAnoN ~1J5 _UAlIlUJ'( EAQ-lOCCIJRRENCE , 1,000,000 A X COl'Ji4EfIOALGENm"l. LJAallJTY PENDING 03/10/2005 03i10/200ti, lWlfI\lJE TO ReNTe:l 100,000 PRBISESCE'-~) , ~ CVIMSM_oe ~ OCCUR IIIEOEXPr.l."... -; , , liDO PERSOtolAL&N)VIflJlJRV s 1,OOll,OOO GENeRAL N3GREGA'TE , .2,(l{'lQ, 000 €a,tL~~~;;~n~ PROOUCTS . COMPJOP ~GG , :::',ODO,OOO PCUC'f P Lac ............ UMAJ" ~':.o.lJSlNGLELIt.8T _ . B CAOlJl813 645 03/10/2005 D.3/10/2006 , 1. 500, 000 - ANY4UTO ALJ.ONNEOAIJTOS IlODL"1t1JURY , , SCH&ltJleO AUTOS iPelpeltilJl1l Y. HIRa) AUras - 8OOILYIN.IUft'( , " HOf.l-C"NNED..<u1QS ....-- """"""'" DAMAGE , . ....~- ................,. "'JlOO~.ll'\".EA~tIT S ANY AUTO OTHER"'''' "^"'" , NJTO ONLY: '.00 , &J:CS8SIUMIRELU. LIA8ILITY EACH O:::o.mRENCE , 0';("" I Q.AlUSN"'oe IoGOREGl'ilE S - , ceol'C"'" , """""'" . , 'tflJIllUifalaJlRl'B\ISAlIORAIID ,^'CaTAlU. o,ut- C ~UA8U1Y WC5-34S-368387-014 03/10;:005 03/10/:006 100,000 NiV PROPRlEfORJRlRTNERfEXECl.IlMO Y Ett;Aa.4ACCIOElsr , ~'N5IllfR'~IJDEO" EL DSEASE. EA Et.lPlOYEE S 101),(11)0 ~Jt~=.rsbclo." E.L DISEASE. POLICy l.MT , 500 000 0_ OMCRlPTlOff OI'OPlERAlIOIIStLOCAlKlIIaIYBtIC.Ea/Ella.U8IOraADDR In' I!JICICP1~ I SPEelI\LPROVI8IOH3 CeRTFICATe HOlDeR CANCeLlATION . ci ty of Dubuque. 50 W 13th St c, Dubuque, IA 52001 5lIDIAJ) I/IN OF 'TIfl[A8O\IE DJO$CIldIQ) POlICIES 8ECA.ca.U;DIIiIIiFOA& ~ EXAIIATION lMTE T~. THE .,SUlNG IIISIJRIlII WIU. SMPlitNOR TO IUA. ~ DAn WMfTT1!N IIODCE'TO THE ~ HOLlIER ....lIIIlD TO ltIELER'. IUT PALURE'TO DO 80 SHAU. IMPOS& NO 08UGA'TIOIt OR Ld8lUTY OF Aff'( KIIIlO tJPaN THE JNSUREJl, ITS AGE1tT$ OR REPIIliIlENT"1lVEIl. AYTttClIlIDDREPIIERNTATM! ~f\~ ORA: 19.. ACORD ztlZOO1 KEYLINE Job Access Transportation Service Request Form to be completed by applicant. Please print. All spaces must be completed before service can be processed. Completed applications should be sent to KeyLine Transit, Attn: JARC, 2401 Central Avenue, Dubuque, IA 52001 or faxed to 589-4340. For information call dispatch at 690-6464. DATE: APPLICANT'S NAME: ADDRESS: STREET: PHONE NUMBER: SOC. SEC. NUMBER: AGENCY WHO REFERRED YOU: TRIP PURPOSE: EMPLOYMENT: TRAINING: BOTH: NAME AND ADDRESS OF EMPLOYMENT AND/OR TRAINING SITE: DO YOU REQUIRE CHILD CARE TRANSPORTATION? YES:_ NO:_ NAMES AND AGES OF CHILDREN REQUIRING TRANSPORTATION: NAME AND ADDRESS OF CHILD CARE PROVIDOR: DO YOU REQUIRE ACCESSIBLE TRANSPORTATION (i.e. wheel chair lift)? YES NO: DOES YOUR DISABILITY PREVENT YOU FROM USING THE KEYLINE ROUTES? YES NO HAVE YOU COMPLETED AN ADA ELIGIBILITY APPLICATION? YES_ADA ELIGIBILITY ID # NO PASSENGER ORIGIN DESTINATION APPOINTMENT TIME Please note any additional information about your schedule below such as "schedule changes weekly" or "schedule alternates with another schedule bi-weekly": Any referral than can use the KeyLine fixed route will be provided fixed route schedule information and will not be eligible for JARC transportation. KeyLine reserves the right to arrange JARC transportation to the nearest KeyLine fixed route schedule if staff determine KeyLine routes and times accommodate the consumer's transportation needs. 3 JMTG, Inc POLICY FOR A DRUG AND ALCOHOL FREE WORKPLACE Effective: January, 2006 TABLE of CONTENTS Statement of Purpose Definitions Work Rules Legal Drugs Prescription Drugs Over-the-Counter Drugs Notification Abuse Alcohol or Drug Possession, Transfer or Use Prospective Employee Discipline in Connection with a Drug or Alcohol Test Drug and Alcohol Testing Programs Pre-employment drug testing; (Safety-Sensitive Employees Only) Post accident alcohol and drug testing; (All-Employees) Random Alcohol and drug testing (Safety Sensitive Employees Only) Reasonable Suspicion testing; (All-Employees) Return to Duty (All-Employees) Follow-up (All-Employees) Employee Discipline in Connection with a Drug or Alcohol Test Refusal to Submit to a Drug or Alcohol Test First Positive Drug or Alcohol Test Result Exception-One- Time Mandatory Rehabilitation Additional Information Testing Lab Test Costs Alcohol Testing by Evidential Breath Testing Devices Minors Written Notification Medical Review Officers (MRO) Confidentiality of Test Results STATEMENT OF PURPOSE JMTG, Inc. possesses a commitment to the safety of our employees and the general public, the protection of company and customer property, and the maintenance of a drug and alcohol free work environment. It is our intent that an employee whose faculties appear to be impaired during work hours will not be allowed to work regardless of the cause. Consistent with the spirit and intent of this commitment, JMTG, Inc prohibits the use, transfer, distribution, manufacture or possession of alcohol, controlled substances, unauthorized drugs, intoxicants, drug paraphernalia, or any combination thereof, on any company premises or work sites, including company vehicles and private vehicles parked on company premises or work sites. This prohibition includes breaks, meals, and overtime. Unique business situations, such as entertaining clients or special employee recognition events, may dictate an occasional exception to this policy. These exceptions generally will apply outside of normal working hours or on occasions when employees are not required to perform their normal duties. This policy does not apply to alcoholic beverages provided by the company for use at special company-sponsored activities. All employees are expected to abide by this policy as a condition of employment. Employees who fail to conform to these rules will be subject to removal from the facility and appropriate disciplinary action, up to and including termination of employment. This policy applies to all employees however, not all employees will be subject to all testing situations. Certain employees deemed "Safety-Sensitive" employees, will be subject to additional testing requirements due to the nature of their positions. No testing will occur based upon information known prior to effective date of this policy. JMTG, Inc requires: . Pre-employment drug testing; (Safety-Sensitive Employees Only) . Post accident alcohol and drug testing; (All-Employees) . Random Alcohol and drug testing (Safety Sensitive Employees Only) . Reasonable Suspicion testing; (All-Employees) . Return to Duty (All-Employees) . Follow-up (All-Employees) DEFINITIONS "Abuse" of alcohol or a legal drug - Any use of alcohol or a legal drug that impairs an individual's faculties while at work. In addition, the taking of a prescription drug that was prescribedfor another shall be considered "abuse" of a legal drug. "Alcohol"- Ethanol, isopropanal, or methanol. (To include, but not limited to, the common ingredients of liquor. beer, wine, etc.) "EBT" or "evidential breath testing device" means a device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA 's Conforming Products Lists of Evidential Breath Testing Devices (CPL) and identified on the CPL as conforming with the model specifications available from the NHTSA. Office of Alcohol and State Programs. . "Drug": Any drug or substance defined as a controlled substance and included in schedule I. II. III, IVor V under the Federal Controlled Substances Act, 21 U.S.C. 9801 et seq. "Legal drug": An over-the-counter drug, or a drug for which there is a valid prescription for the employee. "Prospective employee": A person who has made application, whether written or oral, to our company to become an employee and has interviewed with appropriate company personnel. This includes an individual returning from layoff of a period of 30 days or more or after a termination. "Safety-Sensitive Employee" ~ Any employee required to obtain a Commercial Driver's License, controlling dispatch for such vehicles or maintaining and repairing such vehicles. "Sample": A sample from the human body, such as urine, saliva. skin. or hair, capable of revealing the presences of alcohol or other drugs, or their metabolites. "Sample" does not include blood. except in situations where a blood test was made on an employee involved in a workplace accident if the test was administered by or at the direction of a person providing treatment to the employee and the test was not made at the request of or by the suggestion of the employer. For the purposes of alcohol testing: In addition to the definition stated above, a sample shall also refer to breath as utilized in Breath Alcohol Testing Procedures. WORK RULES The use, possession, sale, purchase, manufacture, distribution, dispensation, or being under the influence of alcohol or illegal drugs or the misuse of legal drugs while on the job during the workday, including breaks, meals, and overtime, or on company property or in vehicles, is strictly prohibited. LeaalDruas Prescription Drugs. An employee may bring to work and take a prescription drug during work hours only if a physician or other authorized prescriber has prescribed the drug for the employee and only if the drug is taken in accordance with the prescriber's directions. Over-the-Counter Drugs. An employee may bring to work and take an over-the counter drug during work hours only if the drug is used for its intended purposes and in accordance with package directions and any supplemental directions of the employee's physician. Notification. An employee must notify their supervisor whenever he or she is using a prescription drug, which potentially may affect safety or work performance. In making this determination, the employee should rely on the warnings or cautions that are received with the particular lawful drug. JMTG, Inc does not seek information on all drugs that an individual may be taking, but only those where there is an indication that the drug may affect performance, or there is a caution that one should not engage in certain activities which are part of the employee's job duties. JMTG, Inc reserves the right to take appropriate action (including relieving employee from work) if the use of the drug is impairing or is deemed likely to impair the employee's faculties or work performance. Failure to make proper notification will be considered a violation of company work rules. Abuse. Abuse of legal drugs will not be tolerated and will be dealt with in the same manner as the use of a controlled substance. Alcohol or Drua Possession. Transfer or Use. An employee bringing or attempting to bring into, having possession of, using, consuming, selling, transferring, or attempting to sell or transfer, any alcoholic beverage or any prescription drug or any form of controlled substance, while in company's facilities, on the company's premises, property, or job site is guilty of misconduct and is subject to discipline, which will normally result in discharge, even for the first offense. Excluded from this are employees who bring or attempt to bring, are in possession of, or transfer any legal unopened alcoholic beverages while in the company parking lot and provided such beverages are kept within a vehicle. Impairment During Work Hours. An employee whose faculties are impaired during work hours "due to the effects of the use of alcohol or illegal use of a controlled substance, including the abuse of a legal drug, is subject to discipline, including discharge. Prospective Employee Discipline in Connection with a Drug or Alcohol Test. Prospective Safety Sensitive employees, after having received an offer of employment or upon an offer to return to work, are required to undergo a drug test. To be considered qualified for employment with the company; we must receive a "negative" report on the drug screen. If that qualification is not met, the prospective employee will be deemed "not qualified," and either the application process will be terminated or any conditional offer of employment that has been extended will be withdrawn. A prospective employee's positive drug test result, or the refusal of the prospective employee to provide a testing sample, does not prevent the prospective employee from later initiating another inquiry with the company. DRUG AND ALCOHOL TESTING PROGRAMS Covered employees are subject to six types of testing under this policy. Pre-emplovment Testina. Prior to the first time an employee performs safety-sensitive functions, a pre- employment drug test will be conducted. A pre-employment alcohol test is not required. A pre-employment drug test will be conducted when an individual is hired to perform safety-sensitive functions. The offer of employment is conditioned on the results of the drug test. A pre-employment drug test will also' be conducted when a current employee becomes subject to this program as a result of a change in job description or work assignment. Such test shall be administered prior to the first time the employee performs a safety-sensitive function. The employer will not allow an employee subject to a pre-employment test to perform safety- sensitive functions without a verified negative test result. Pre-employment drug testing is not required if the employee was in a DOT drug- testing program within the previous 30 days and either was tested within the past 6 months or was subject to random testing for the past 12 months. Post-Accident Testina. As soon as practicable following an accident involving the loss of human life, an employer shall conduct drug and alcohol tests on each surviving covered employee operating the mass transit vehicle at the time of the accident. The employer shall also drug and alcohol test any other covered employee whose performance could have contributed to the accident. As soon as possible following a non-fatal accident involving a mass transit vehicle, the employer shall drug and alcohol test each covered employee operating the mass transit vehicle at the time of the accident unless the employer determines that the covered employee's performance was not a contributing factor to the accident. The employer shall also drug and alcohol test any other covered employee whose performance could have contributed to the accident. An employee who is subject to post-accident drug and alcohol testing will remain readily available for such testing or may be deemed to have refused to submit to testing. However, the employee is allowed to get necessary emergency medical attention for injured people, or, if necessary, to leave the scene of an accident for the period necessary to obtain assistance in responding to the accident. Drug tests will be administered as soon as practicable, but no later than 32 hours after the accident. Alcohol tests will be administered as soon as practicable, but no later than 8 hours after the accident. Random Testina. Safety Sensitive employees are subject to unannounced drug and alcohol testing based on random selection. The employer will ensure that random drug and alcohol tests are unannounced and spread reasonably throughout the calendar year. The number of employees subject to random drug and alcohol tests will by calculated using a scientifically valid method of random selection. All covered employees will be subject to random testing on each random testing date and will have an equal chance of being tested each time selections are made. As a result of the random selection process, an employee may be tested more than once or not at all during the calendar year. A covered employee shall only be randomly tested while the employee is performing safety-sensitive functions, just before the employee is performing safety sensitive functions; or just after the employee has eased performing safety-sensitive functions. Reasonable Suspicion Testina. When the employer has reasonable suspicion to believe that an employee covered by this policy is using a prohibited drug, or is using alcohol in a prohibited manner, the employer will require that the employee take a drug and/or alcohol test (whichever is appropriate). The decision to refer an employee for a reasonable suspicion test shall be made by one trained supervisor. A decision to test must be based on specific observations concerning the appearance, behavior, speech or body odors of the employee. A supervisor must make the required observations for reasonable suspicion drug or alcohol testing. The observations must be made during, just before, or just after the period of the workday that the employee is performing safety-sensitive functions. The employee may be directed to undergo testing during, just before, or just after the period of the workday that the employee is performing safety-sensitive functions. If the reasonable suspicion alcohol test is not administered within two hours following reasonable suspicion determination, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If the test is not administered within eight hours, the employer shall cease attempts to administer the test and shall state in the record the reason for not administering the test. Once behavioral, speech, and performance indicators show an employee is under the influence of or impaired by alcohol, the employee will not report for, or remain on duty requiring the performance of safety-sensitive functions. The employer will not permit an employee to perform or continue to perform safety- sensitive functions if the employer has a reasonable suspicion the employee is under the influence of alcohol until an alcohol test shows the employee's alcohol concentration as less than .02; or 24 hours have elapsed following the determination of reasonable suspicion. Regarding drugs, the supervisor who made the reasonable suspicion observations shall make a written record of his or her observations which led to the test within 24 hours of the observed behavior or before the results of the drug test are released, whichever is earlier. Return to Dutv Testina. Any employee who has engaged in prohibited drug or alcohol use must undergo a drug or alcohol test before returning to duty requiring the performance of safety-sensitive functions. The drug test must indicate a verified negative result for drug use. The alcohol test must indicate an alcohol concentration of less than 0.02. Follow-UD Testina. Any employee returned to duty after engaging in prohibited drug or alcohol use is subject to follow-up testing following a determination by a SAP that an employee needs help in resolving drug or alcohol abuse problems. Follow-up testing shall be conducted only when 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 safety-sensitive functions. EMPLOYEE DISCIPLINE IN CONNECTION WITH A DRUG OR ALCOHOL TEST The following is a list of uniform requirements for what action the company will take against the employee upon receipt of a confirmed positive drug or alcohol test result, or upon the employee's personal refusal to submit to such test. Any action taken against an employee or prospective employee shall be based only on the results of the drug or alcohol test. Refusal to Submit to a Drua or Alcohol Test. An employee's personal refusal to submit to a drug or alcohol test when requested to do so will result in immediate discipline including but not limited to termination. An employee is considered to have refused to submit to a drug test when the employee does any of the following: . Fails to appear for any test within a reasonable time, as determined by the employer, after being directed to do so by the employer; . Fails to remain at the testing site until the testing process is complete; . Fails to provide a urine specimen for any DOT -required drug test; . Fails to permit a required directly observed or monitored drug test; . Fails to provide a sufficient amount of urine when directed, and it has been determined that there was no medical explanation for the failure; . Fails to take a second test when directed; . Fails to undergo a medical examination as part of the "shy bladder" procedures; . Fails to sign the Custody and Control Form (CCF) when required to do so or . Fails to cooperate with any part of the testing process. An employee is considered to have refused to submit to an alcohol test when the employee does any of the following: . Fails to appear for any test within a reasonable time, as determined by the employer, after being directed to do so by the employer; . Fails to remain at the testing site until the testing process is complete; . Fails to attempt to provide a saliva or breath specimen for any required test; . Fails to provide a sufficient breath specimen and a physician has determined that there is no adequate medical explanation for the failure; . Fails to undergo a medical examination as directed by the employer; . Fails to sign the Alcohol Testing Form (ATF) when required to do so; or . Fails to cooperate with any part of the testing process. First Positive Drua or Alcohol Test Result. An employee's first confirmed positive drug or alcohol test will result in immediate suspension without payor benefits for a minimum period of 7 days but not to exceed 30 days. Additionally, within the suspension period and at his or her own expense, the employee must enroll in a qualified rehabilitation treatment program. The program may include additional testing. If the employee participates in and successfully completes the program, the employee will not be subjected to additional discipline and will be allowed to return to work after the conclusion of their first rehabilitation treatment session. However, failure to comply with these requirements will result in termination. Second Positive Drua or Alcohol Test Result. An employee's second confirmed positive drug or alcohol test will result in immediate termination. ADDITIONAL INFORMATION Test Costs. The actual costs for testing, other than for a second, confirmatory test if one is requested as provided by law, are paid by the Company. If the drug or alcohol sample collection is conducted at a place other than the employee's normal work site, the Company will provide transportation, or pay reasonable transportation costs (an amount equivalent to the applicable company rate) to the employee. Alcohol Testing by Evidential Breath Testing Devices. Notwithstanding any provision of this policy to the contrary, initial and confirmatory alcohol tests may, in addition to other methods previously described, be conducted with an evidential breath testing device, or EST. Any individual administering initial or confirmatory alcohol testing shall be qualified as required by the federal Omnibus Transportation Employee Testing Act of 1991. Minors. Per Iowa Code. Any written notice of a positive test result required by statute to be provided to an individual pursuant to a drug or alcohol test conducted pursuant to a written drug or alcohol testing policy must also be provided to the parent of the individual by certified, return receipt requested, if the individual tested is a minor. This provision applies to all testing. Written Notification. If any required drug and/or alcohol test is confirmed positive, the employee or applicant shall be given written notice of the results of the test, the name and address of the medical review officer, and the right to request records relating to the test if such request is made within 15 days of the date of the notice. Medical Review Officers (MROI. The Medical Review Officers are: Tri-State Occupational Health 1940 Elm Street Dubuque, IA 52001 (563) 584--4600 /582-53881-800-837-2959 Fax: 563-584--4600 Confidentialitv of Test Results. The Company will maintain the highest standards for confidentiality for all records and information concerning alcohol and drug testing. No employee is authorized without the written express consent of the Company President to release, communicate, or leave unsecured information on alcohol or drug abuse problems. Any employee violating this policy will be subject to disciplinary action including possible termination of employment. Non-employees, contractors, vendors, and agencies that disclose unauthorized information will be subject to legal recourse. Employees who have tested positive for drugs or alcohol under this policy may have access to test records upon written request to the Company.