december 2 2013 complete agenda

8/13/2019 December 2 2013 Complete Agenda

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MAYORANDCITYCOUNCILREGULARSESSION

Monday,December2,20136:00P.M.AGENDA

1. CALLTOORDER2. PRAYERANDPLEDGE3. APPROVALOFMINUTES

A. RegularSession#21datedNovember18,2013

4. ITEMSPRESENTEDBYTHEMAYORANDCITYCOUNCILA. ProclamationRecognizingtheMonthofDecembertobeMarineCorpsToysforTotsMonth

B. StandingCommitteeDraftAgendasforDecember4andWeekofDecember9,2013

5. CONSENTAGENDAA.

Private

Event

Approval

Request

for

Beach

to

Boardwalk

Half

Marathon

March

9,

2014

B. BidAwardRecommendationforNSPCanoe/KayakRentalConcession

C. BidAwardRecommendationforRoofReplacementandRestorationProjects

D. BidAwardRecommendationforRedeckingatPark&Ride

E. RequestApprovalforTransportationDrugandAlcoholPolicy

F. RequesttoApprovalTaxiMedallionTransfers

G. RequestApprovalofSoleSourcePurchaseofWebLinkSoftwareAllowingInternetAccessto

CityScannedDocuments

6. MISCELLEANEOUSREPORTSANDPRESENTATIONSA. PrivateEventApprovalRequestforHalfMarathonRunningFestivalApril26,2014

B.Update

on

Founders

Entertainment

Music

Festival

presented

by

Tom

Russell

7. PUBLICHEARINGS8. ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYMANAGERANDSTAFF9. ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYSOLICITOR10. COMMENTSFROMTHEPUBLIC

Anypersonwhomaywish to speak on anymatter at the Regular Sessionmay be heard duringCommentsfromthePublicforaperiodoffive(5)minutesorsuchtimeasmaybedeemedappropriatebytheCouncilPresident. Anyonewishingtobeheardshallstatetheirname,addressandthesubjectonwhichheorshewishestospeak.

11. COMMENTSFROMTHECITYMANAGERA. ReviewoftentativeworksessionagendaforDecember10,2013

12. COMMENTSFROMTHEMAYORANDCITYCOUNCIL13. ADJOURN


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REGULAR SESSION -MAYOR AND CITY COUNCIL

MONDAY, DECEMBER 2, 2013

3 APPROVAL OF MINUTES

A. Regular Session #21 dated November 18, 2013


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4 ITEMS PRESENTED BY THE MAYOR AND CITY

COUNCIL

A. Proclamation Recognizing the Month of December as

Marine Corps Toys for Tots Month


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TOYS FOR TOTS MONTH

The Marine Corps League, First State Detachment, works in Ocean

City and Worcester County, Maryland with dedication and effectiveness to

preserve the traditions and interests of the United States Marine Corps; and

WHEREAS, The First State Detachment has banded together those honorably

discharged Marines in the Ocean City, Maryland area for the purpose ofvoluntarily aiding and rendering assistance of all Marines and veteran Marines

and their widows and orphans; and

WHEREAS, The First State Detachment perpetuates the history of the United

States Marines through fitting acts to observe the anniversaries of historicaloccasions of interest to Marines and all Americans; and

WHEREAS, The First State Detachment has as a further Mission of providinggood cheer and well-being to local needy children during the Holiday Seasonthrough the Detachments Toys for Totsprogram; and

WHEREAS, The Toys for Totsprogram has assured that more than 4000 childrenin our area had a toy during this season of giving that they would not have had

save the efforts of the First State Detachment, Marine Corps League, and the

generosity of our fellow citizens.

NOW, THEREFORE, I, Richard W. Meehan, Mayor of the Town of Ocean City,

Maryland do hereby proclaim the month of December 2013to beMarine Corps

League Toys for Tots Monthin Ocean City and do encourage all citizens towelcome and to participate in theMarine Corps Leagues Toys for Totsprogram

making a donation of a toy or by making a cash donation for our deserving

children.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great

Seal of the Town of Ocean City, Maryland to be affixed this 2nd

day ofDecember in the year of Our Lord two thousand and thirteen.

___________________________________

RICHARD W. MEEHANMayor


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4 ITEMS PRESENTED BY THE MAYOR AND CITY

COUNCIL

B. Standing Committee Draft Agendas for December 4

and Week of December 9, 2013


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TourismCommissionMeeting

Tentative

Agenda

3p.m.

Wednesday,December

42013

Room214,ConventionCenter

1) Approvalofminutes:October11,20132) Organizationalreports

ChamberofCommerce

EconomicDevelopmentCommittee

HMRA

OCDC

MDTourismDevelopmentBoard

Dept.ofTourism

ConventionCenter

SpecialEvents

3) ClosedSessionProposalsfornewcreative MGH


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TownofOceanCity,MarylandPoliceCommission

AgendaDecember9,20139:00AM

PSBBuilding,6501CoastalHighway

1. CalltoOrder2. ApprovalofMinutesoftheNovember8,2013Meeting3. ChiefsUpdateonNovemberCrimeStatistics4. UpdateonProposedTrafficOrdinanceSeatbeltsRequiredWhen

RidinginUnenclosedAreasofMotorVehicles5. CEW/TaserUpdate6. NewBusiness7. Adjournment


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OCEAN CITY, MARYLAND

RECREATION & PARKS COMMITTEETuesday, December 10, 2013

4:00 P.M.

Northside Park Community Room

AGENDA

1. Call to Order and Attendance

2. Approval of Minutes of November 12, 2013

3. Private Event Equipment & Labor Usage Procedure

4. Marketing Activations

5. New Private Event Requests

6. Sunset Park Use Analysis and Direction

7. Other Business

8. Adjournment

P:Tom/Rec & Parks Committee Meeting Agenda 12-10-2013


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5. CONSENT AGENDAA. Private Event Approval Request for Beach to Boardwalk

Half Marathon March 9, 2014


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TOWN OF

T h e Wh i t e M a r l i n Ca p i t a l o f t h e Wo r l d

TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Lisa Mitchell, Private Events CoordinatorRE: Ocean City Beach to Boardwalk Half Marathon & 5KDATE: November 25, 2013

ISSUE(S): Request approval of the Half Marathon and 5K

SUMMARY: Dean Reinke, for the USRA Half Marathon Series, requestsapproval of the Half Marathon and 5K Races, to take place on

Sunday, March 9, 2014. Both events will take place entirely onthe Boardwalk and concrete pad east of the Boardwalk.

This event was brought before the Mayor and Council onSeptember 3, 2013. Mr. Reinke was unable to attend thatmeeting, and the Council tabled the request until he wasavailable to answer questions. He appeared before Council onNovember 4 at which time Council approved a date hold only dueto route changes that had not been finalized. The route waschanged so the event will take place entirely on the Boardwalk.Staff is supportive of this change.

FISCAL IMPACT: Potential positive economic impact from lodging, food and

beverage, recreation and other incidental expenditures.

RECOMMENDATION: Approve as presented.

ALTERNATIVES: Refer to Mayor and Council

RESPONSIBLE STAFF: Lisa Mitchell, Private Events Coordinator

COORDINATED WITH: All appropriate departmental staff has reviewed, and the eventhas been coordinated with Public Works and the PoliceDepartment.

ATTACHMENT(S): 1) March 2014 Calendar2) Cover Sheet3) Course Map

Agenda Item # 5A

Council Meeting Dec. 2, 2013


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Sun Mon Tue Wed Thu Fri Sat

1

2 3 4 5 6 7 8

9

PE - OC Half

Marathon -

TENTATIVE

10 11 12 13 14 15

PE - St. Patricks Day

Parade

PEShenanigans

5K - TENTATIVE

16 17 18 19 20 21 22

23 24 25 26 27 28 29

30 31

2014

March


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Ocean City Private Events

Name of Event: Ocean City beach to Boardwalk Half Marathon and 5K New Event: YES

Date of Event: Sunday, March 9, 2013

Date Application Received: February 7, 2013 Application Fee Paid: Yes

Date Returned from All Departments: August 26, 2013 Total Cost to Town: No foreseeable cost

Things to Note:

This event would be a marathon and a 5K race that would take place on the Boardwalk and concrete pad only. The applicant requests the Town of Ocean City is a sponsor of the event, and waive all fees. The applicant requests 17thStreet closed to traffic from Baltimore Avenues to the Boardwalk on the day of the event. The applicant is not requesting anything from the Town of Ocean City.

Comments from Department Representatives:

Fire MarshalWill provide an on-duty EMS crew that will be available for 911 calls. RiskInsurance certificate must be submitted prior to the event. Must receive approval from the State HighwayAdministration. OCPDWill assign a minimal amount of officers to the event, which should be able to be accomplished with on-duty

officers.

Public Works, Beach Patrol,Rec & Parks, Emergency Services, Transportation, Tourism, OCCCNocomments or concerns.

Date on Council Agenda: December 2, 2013

Event Approved of Denied:

Date Fees Received: Amount:

Date Insurance Certificate Received: Beach Franchise Notified:

Date Permit Issued:

Other:


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From: Dean Reinke

Sent: Thursday, November 07, 2013 12:15 PM

To: Lisa Mitchell

Cc: Juan Bernal; [email protected]

Subject:Ocean City Proposed Course - Update

Attachments: Ocean_City_3_Loop_Final.gpx

Hi Lisa:

Thanks again for your time and input on my recent visit. Below is a verbal description of our

proposed course which I'd like you to pass on to Officer Harner and the Public Works gentleman

from our meeting. The Harrison Group is on board and specifically their Quality Inn and Holiday

Inn properties. It appears we will need minimal police support, no public works but we

welcome the Scott's thoughts on a lead cyclist or whatever else minimally he thinks we'll need.

Three loop course.

Starts at Quality Inn between 16th and 17th streets.

Head south to end of boardwalk, head back to Ripleys.

Go Counter Clockwise around Ripley's from southside, east, north, west, back on

boardwalk.

Head north to 25th street.

Turnaround to Quality Inn and repeat 2 more times.


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Highlights, 3 loops, no crossover, no parking lot. Start and Finish is the exact same

spot. 5K Course heads South to end of Boardwalk and returns to the finish. No turns, no

crossover.

Would appreciate your feedback and please let me know if this can be a short

turnaround and/or need to wait until the November 17 meeting.

Thanks,

Dean Reinke


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5. CONSENT AGENDAB. Bid Award Recommendation for Canoe/Kayak Rental

Concession at NSP


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6 TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Tom Shuster, Director of Recreation & ParksRE: Award of NSP Kayak Rental concession for 2014-2015DATE: November 25, 2013

ISSUE(S): The Town has the potential to establish a kayak rentalconcession at Northside Park (NSP).

SUMMARY: The Town solicited bids for the operation of a Kayak RentalConcession at NSP for 2014 and 2015. Four (4) bids werereceived on November 12, 2013. The highest and best bid wassubmitted by Best Aquatic Management, LLC for $41,900annually.

FISCAL IMPACT: The Town will receive a total of $83,800 over two years.

RECOMMENDATION: Award the concession contract to Best Aquatic Management, LLCfor the annual payment of $41,900 to the Town for 2014 and2015.

ALTERNATIVES: Reject all bids and do not award a concession contract.

RESPONSIBLE STAFF: Tom Shuster, Director of Recreation & Parks

COORDINATED WITH: Calvin Ginnavan, Parks SuperintendentGary Collier, Parks Assistant Superintendent

ATTACHMENT(S): Bid Compilation Spreadsheet

Agenda Item # 5B

Council Meeting December 2, 2013


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BID SPREAD SHEET

NSP CANOE/KAYAK RENTAL CONCESSION

BID OPENING NOVEMBER 12, 2013 @ 11:00 A.M.

VENDOR VENDOR RESPONSE

Best Aquatic Management

11651 Coastal HighwayOcean City, MD 21842

$41,900 *

Coastal Kayaks

Attn.: Mitch Mitchell36187 Cookie Lane

Frankford, DE 19945

$8,000

48thStreet Water Sports

Attn.: Mike Hricik3103 Windjammer LaneOcean City, MD 21842

No Bid

Maryland Coastal Bays

Attn.: Sandi Smith

9919 Stephen Decatur Highway, Suite 4Ocean City, MD 21842

$2,502

Paddle House Outfitters

11930 Ocean GatewayOcean City, MD 21842

No Bid

Superfun Eco Tours

Attn.: Tom Simon107 West Street

Berlin, MD 21811

$7,500

What SUP

9808 Stephen Decatur Highway, Suite 6Ocean City, MD 21842

No Bid

* Highest and Best Bid

P:/Parks/Cal/CanoeKayakRFP/Canoe & Kayak Bid Submission


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TOWN OF

T h e W h i t e M a r l in Ca p i t a l o f t h e W o r l d

TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Dean Dashiell Senior Project ManagerRE: Acceptance of a Sealed Bid for the Public Safety Building Roof / RestorationDATE: November 26, 2013

ISSUE(S): Acceptance of a Sealed Bid for the Public Safety Building Roof /Restoration.

SUMMARY: Request approval from the Mayor & City Council to award the lowbid, opened on November 26, 2013 during a regularly scheduledWork Session. The bid is from Nations Roofing Mid Atlantic, inthe amount of $ 356,900.00 for the Public Safety Building Roof/ Restoration.I have performed a review of the low bid received from NationsRoofing Mid Atlantic, and have found the document and bidsecurity to be consistent in accordance with the contractdocuments.

FISCAL IMPACT: Funding for this project is included in the upcoming MunicipalBond procurement. Budget was $ 373,000.00.

RECOMMENDATION: Award the Public Safety Building Roof / Restoration bid toNations Roofing Mid-Atlantic in the amount of $ 356,900.00.

ALTERNATIVES: None

RESPONSIBLE STAFF: Dean Dashiell Senior Project Manager

COORDINATED WITH: Hal Adkins Director of Public Works

ATTACHMENT(S): Completed Bid Tab

Agenda Item # 5C

Council Meeting 12-2-13

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TOWN OF

T h e W h i t e M a r l in Ca p i t a l o f t h e W o r l d

TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Dean Dashiell Senior Project ManagerRE: Acceptance of a Sealed Bid for the Vehicle Maintenance Building Roof /

RestorationDATE: November 26, 2013

ISSUE(S): Acceptance of a Sealed Bid for the Vehicle Maintenance Building Roof / Restoration.

SUMMARY: Request approval from the Mayor & City Council to award the lowbid, opened on November 26, 2013 during a regularly scheduledWork Session. The bid is from Tecta America East, LLC, in theamount of $ 88,450.00 for the Vehicle Maintenance Building Roof / Restoration.I have performed a review of the low bid received from TectaAmerica East, LLC, and have found the document and bidsecurity to be consistent in accordance with the contractdocuments.

FISCAL IMPACT: Funding for this project is included in the upcoming MunicipalBond procurement. Budget was $ 182,000.00.

RECOMMENDATION: Award the Vehicle Maintenance Building Roof / Restoration bidto Nations Roofing Mid-Atlantic in the amount of $ 88,450.00.

ALTERNATIVES: None

RESPONSIBLE STAFF: Dean Dashiell Senior Project Manager

COORDINATED WITH: Hal Adkins Director of Public Works

ATTACHMENT(S): Completed Bid Tab

Agenda Item # 5C

Council Meeting 12-2-13

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Public Safety Building

Vehicle Maintenance Building - Roof Replacement/Restoration Bid Tabulation

CONTRACTORS Base Bid - A Base Bid - B

Coastal Roofing & Restoration No Bid No Bid

Control Roofing & Sheet Metal $385,200.00 $99,800.00

Nations Roof Mid-Atlantic $356,900.00 $155,000.00

IronShore Contracting $780,325.00 $289,736.00

Tecta America East $567,680.00 $88,450.00

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2336 TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: George T. Thornes, Superintendent of TransportationRE: West Ocean City Park N Ride Deck ReplacementDATE: November 25, 2013

ISSUE (S): Request to award the West Ocean City Park N Ride DeckReplacement project to The Myers Group LLC.

SUMMARY: On November 12, 2013, the Mayor and City Council receivedsealed bids for the West Ocean City Park N Ride DeckReplacement project. Following a review of bids, the apparentlow bidder is The Myers Group LLC having submitted a total lumpsum bid of $38,250.00. Project budget was estimated at$45,000.00.

The project award is contingent on Maryland TransitAdministration approval.

FISCAL IMPACT: As an MTA grant funded project, the Town is responsible for 10%or $3,825.00 of the total cost. This amount is accounted for inthe FY14 Transportation budget.

RECOMMENDATION: Award bid to The Myers Group.

ALTERNATIVES: Do not approve recommendation.

RESPONSIBLE STAFF: George Thornes, Transportation Superintendent

COORDINATED WITH: Dean Dashiell, Senior Project ManagerBrian Connor, Transportation Assistant Superintendent

ATTACHMENT (S): Bid Summary

Agenda Item # 5D

Council Meeting 12/02/2013


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5. CONSENT AGENDAE.Request Approval for Transportation Drug and Alcohol

Policy


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TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: George T. Thornes, Superintendent of TransportationRE: Drug & Alcohol Policy and ProgramDATE: November 25, 2013

ISSUE (S): Drug & Alcohol Policy and Program

SUMMARY: The Transportation Department must follow the rules andregulations of the Department of Transportation (DOT) and the

Federal Transit Administration (FTA). These two agenciesrequire us to have a Drug & Alcohol Policy and Program in placeto cover employees working in safety-sensitive positions. TheDrug & Alcohol Policy and Program attached fully meets orexceeds the DOT regulations of 49 CFR Part 40 and FTAregulations of 49 CFR Part 655.

FISCAL IMPACT: No change from past years.

RECOMMENDATION: Approve the policy as presented.

ALTERNATIVES: None

RESPONSIBLE STAFF: George Thornes, Transportation Superintendent

COORDINATED WITH: Guy Ayres,City SolicitorWayne Evans, Human Resource DirectorEric Lagstrom, Risk Manager

ATTACHMENT(S): Drug & Alcohol Policy and Program

Agenda Item # 5E



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Ocean City Transportation

Drug & Alcohol Policy and Program

Revised

December 2013


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The Town of Ocean City and Ocean City Transportation

Drug and Alcohol Program and Policies

TABLE OF CONTENTS

A. PURPOSE

B. APPLICABILITY

C. DEFINITIONS

D. EDUCATION AND TRAINING

E. PROHIBITED SUBSTANCES

F. PROHIBITED CONDUCT

G. DRUG STATUTE CONVICTION

H. TESTING REQUIREMENTS

I. DRUG TESTING PROCEDURES

J. ALCOHOL TESTING PROCEDURES

K. PRE-EMPLOYMENT TESTING

L. REASONABLE SUSPICION TESTING

M. POST-ACCIDENT TESTING

N. RANDOM TESTING

O. RETURN-TO-DUTY TESTING

P. FOLLOW-UP TESTING

Q. RESULT OF DRUG/ALCOHOL TEST

R. GRIEVANCE AND APPEAL

S. PROPER APPLICATION OF THE POLICY

T. INFORMATION DISCLOSURE

U. SYSTEM CONTACTS

V. EMPLOYEE SIGNATURE PAGE

Attachment A Safety-Sensitive Positions

Attachment B Alcohol Fact Sheet

Attachment C Substance Abuse Counseling, Treatment and Rehabilitation ProvidersUnderlined text = The Town of Ocean City requirements


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12/01/13 Page 3 of 24

A. PURPOSE

Ocean City Transportation provides Public Transportation and Para-transit services for theresidents and visitors of The Town of Ocean City, Md. Part of our mission is to ensure that thisservice is delivered safely, efficiently, and effectively by establishing a drug and alcohol-freework environment, and to ensure that the workplace remains free from the effects of drugs andalcohol in order to promote the health and safety of employees and the general public. Inkeeping with this mission, Ocean City Transportation declares that it is unlawful tomanufacture, distribute, dispense, possess, or use a controlled substance or misuse of alcohol forall department employees.

Additionally, the purpose of this policy is to establish guidelines to maintain a drug and alcohol-free workplace in compliance with the Drug-Free Workplace Act of 1988, and the OmnibusTransportation Employee Testing Act of 1991. This policy is intended to comply with allapplicable Federal, State, and Local regulations governing workplace anti-drug and alcoholprograms in the transit industry. Specifically, the Federal Transit Administration (FTA) 49 CFRPart 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 apositive test. The Department of Transportation (DOT) has also published 49 CFR Part 40, asamended that sets standards for the collection and testing of urine and breath specimens.

In some cases, Ocean City Transportation reserves the right to utilize stricter policies orprocedures than the DOT or FTA mandate, when such are believed to be in the best interest ofOcean City residents, visitors and transportation employees. Any provisions set forth in thisprogram that are included under the sole authority of Ocean City Transportation and are notprovided under the authority of the above named, Federal, State, and Local regulations areunderlined indicating it is a requirement of Ocean City Transportation for employment by thatentity, and not required by the DOT or FTA.

It should be noted; Ocean City Transportation adheres to a ZERO TOLERANCE policy,meaning a verified positive drug screen and/or alcohol screening results with an alcoholconcentration of 0.04 or greater will result in immediate removal from all duties, referral to asubstance abuse professional, termination of employment and are not subject to arbitration.

B. APPLICABILITY

This Drug and Alcohol Testing Program applies to all safety-sensitive employees; full-time,part-time, temporary, and/or seasonal. A list of safety-sensitive positions is provided inAttachment A.

C. DEFINITIONS

Accident, means an occurrence associated with the operation of a revenue service vehicle evenwhen not in revenue service or which requires a Commercial Drivers License to operate, if as aresult

(1) A person dies,

(2) An individual suffers a bodily injury and immediately receives medicaltreatment away from the scene of the accident, or


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12/01/13 Page 4 of 24

(3) One or more vehicles incurs disabling damage as the result of the occurrence and istransported away from the scene by a tow truck or other vehicle.

Under its own authority, the Risk Manager for The Town of Ocean City will determinethe need for any post-accident testing regardless of whether the accident meets FTAthresholds. For accidents that do not meet the FTA thresholds, The Town of Ocean Citywill use non-DOT forms and procedures.

Adulterated specimen: A specimen that contains a substance that is not expected to be present inhuman urine, or contains a substance expected to be present but is at a concentration so high thatit is not consistent with human urine. An adulterated specimen is considered a refusal to test,and subject to the same consequences as a positive test result.

Alcohol: means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecularweight alcohols contained in any beverage, mixture, mouthwash, candy, food, preparation ormedication.

Alcohol Concentration:is expressed in terms of grams of alcohol per 210 liters of breath asmeasured by an evidential breath-testing (EBT) device.

Alcohol Saliva Device (ASD):A device listed on the National Highway Traffic SafetyAdministration (NHTSA) conforming products list that is used to test the alcohol concentrationin a saliva sample. Please note; ASD testing can be used for screening purposes only.All positive alcohol saliva test results must be confirmed with an approved evidential breath-testing device within 30 minutes of the initial screening test result.

Cancelled Test:is a drug test that has been declared invalid by a Medical Review Officer(MRO). A cancelled test is neither positive nor negative.

Covered Employee:means an employee who performs a safety-sensitive function including anapplicant or transferee who is being considered for hire into a safety-sensitive function.

Designated Employer Representative (DER):An employee authorized by the employer to takeimmediate action to remove employees from safety-sensitive duties and to make requireddecisions in testing. The DER also receives test results and other communications for theemployer, consistent with the requirements of 49 CFR Parts 40 and 655.

Department of Transportation (DOT):Department of the federal government which includes theCoast Guard, Federal Transit Administration, Federal Railroad Administration, Federal AviationAdministration, Federal Highway Administration, Federal Motor Carrier Safety Administration,Research and Special Programs, and the Office of the Secretary of Transportation.

Dilute specimen:A specimen with creatinine and specific gravity values that is lower thanexpected for human urine.


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12/01/13 Page 5 of 24

Disabling damage:means damage that precludes departure of any vehicle from the scene of theoccurrence in its usual manner in daylight after simple repairs. Disabling damage includesdamage to vehicles that could have been operated, but would have been further damaged if sooperated, but does not include damage which can be remedied temporarily at the scene of theoccurrence without special tools or parts, tire disablement without other damage even if no sparetire is available, or damage to headlights, taillights, turn signals, horn, mirrors or windshieldwipers, that makes them inoperative.

Evidentiary Breath Testing Device (EBT):A Device approved by the National Highway TrafficSafety Administration (NHTSA) for the evidential testing of breath at the 0.04 alcoholconcentrations. Approved devices are listed on the NHTSA conforming products list.

Medical Review Officer (MRO):means a licensed physician (medical doctor or doctor ofosteopathy) responsible for receiving laboratory results generated by the drug testing programwho has knowledge of substance abuse disorders, and has appropriate medical training tointerpret and evaluate an individual's confirmed positive test result, together with his/hermedical history, and any other relevant biomedical information.

Negative Dilute:is a drug test result that is negative for the five-drug/drug metabolites but has aspecific gravity value and/or creatinine value lower than expected for human urine.

Negative test result:is the absence of, ora verified presence of the identified drug or itsmetabolite below the minimum levels specified in 49 CFR 655 and 49 CFR Part 40, asamended. An alcohol concentration of less than 0.04 for breath of saliva samples is considereda negative test result.

Non-negative test result: is a test result found to be adulterated, substitute, invalid, or positivefor drug/drug metabolites.

Performing (a safety-sensitive function): means a covered employee is considered to beperforming a safety-sensitive function and includes any period in which he or she is actuallyperforming, ready to perform, or immediately available to perform such functions.

Positive test result: for a drug test means a verified presence of the identified drug or itsmetabolite at or above the minimum levels specified in 49 CFR 655 and 49 CFR Part 40, asamended. A positive alcohol test result means a confirmed alcohol concentration of 0.04 BACor greater.

Prohibited drug: means marijuana, cocaine, opiates, amphetamines, or phencyclidine at levelsabove the minimum thresholds specified in 49 CFR 655 and 49 CFR Part 40, as amended.

Revenue Service Vehicles: include all transit vehicles that are used for passenger transportationservice or that require a CDL to operate. This also includes all ancillary vehicles used insupport of the transit system.

Safety-sensitive functions: include (a) the operation of a transit revenue service vehicle evenwhen the vehicle is not in revenue service; (b) the operation of a non-revenue service vehicle byany employee regardless of the required type of drivers license; (c) maintaining a revenueservice vehicle or equipment used in revenue service; (d) controlling the movement of a revenueservice vehicle; and (e) carrying a firearm for security purposes.


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12/01/13 Page 6 of 24

Substance Abuse Professional (SAP): means a licensed physician (medical doctor or doctor ofosteopathy) or licensed or certified psychologist, social worker, employee assistanceprofessional, or addiction counselor (certified by the National Association of Alcoholism andDrug Abuse Counselors Certification Commission or by the International CertificationReciprocity Consortium/Alcohol and other Drug Abuse) with knowledge of and clinicalexperience in the diagnosis and treatment of drug and alcohol related disorders.

Substituted specimen:a specimen with creatinine and specific gravity values that are sodiminished that they are not consistent with normal human urine.

Test Refusal: The following are considered a refusal to test if the employee:

Fails to appear for any test (excluding pre-employment) within a reasonable time, asdetermined 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 or breath specimen for any drug or alcohol test required by 49

CFR 655 and 49 CFR Part 40 or DOT agency regulations; In the case of a directly observed or monitored collection in a drug test, fails to permit

the observation or monitoring of your provision of a specimen; Fails to provide a sufficient amount of urine or breath when directed, and it has been

determined, through a required medical evaluation, that there was no adequatemedical explanation for the failure;

Fails or declines to take a second test the employer or collector has directed you totake;

Fails to undergo a medical examination or evaluation, as directed by the MRO as partof the verification process, or as directed by the DER or DAPM as part of the "shybladder" or "shy lung" procedures;

Fails to cooperate with any part of the testing process (e.g., refuse to empty pocketswhen so directed by the collector, behave in a confrontational way that disrupts the

collection process); Failure to follow the observers instructions during an observed collection including

instructions to raise your clothing above the waist, lower clothing and underpants, andto turn around to permit the observer to determine if you have any type of prostheticor other device that could be used to interfere with the collection process;

Possession or wearing of a prosthetic of other device that could be used to interferewith the collection process;

Admit to the collector or MRO that you adulterated or substituted a specimen; If the MRO reports that there is verified adulterated or substituted test result; Failure or refusal to sign Step 2 of the alcohol testing form.

Verified negative test: means a drug test result reviewed by a medical review officer and

determined to have no evidence of prohibited drug use above the minimum cutoff levelsestablished by the United States Department of Health and Human Services (DHHS).

Verified positive test: means a drug test result reviewed by a medical review officer anddetermined to have evidence of prohibited drug use above the minimum cutoff levels specifiedin 49 CFR Part 40as amended.

Validity testing: is the evaluation of the specimen to determine if it is consistent with normalhuman urine. The purpose of validity testing is to determine whether certain adulterants orforeign substances were added to the urine, if the urine was diluted, or if the specimen wassubstituted.


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D. EDUCATION AND TRAINING

Every covered employee will receive a copy of this policy and will have access to thecorresponding federal regulations including 49 CFR Parts 655 and 40, as amended. In addition,all covered employees will undergo a minimum of 60 minutes of training on the signs andsymptoms of drug use including the effects and consequences of drug use on personal health,safety, and the work environment. The training also includes manifestations and behavioralcues that may indicate prohibited drug use.

All Supervisory personnel who are in a position to determine employee fitness for duty, willreceive 60 minutes of reasonable suspicion training on the physical, behavioral, andperformance indicators of probable drug use and 60 minutes of additional reasonable suspiciontraining on the physical, behavioral, speech, and performance indicators of probable alcoholmisuse. Information on the signs, symptoms, health effects, and consequences of alcoholmisuse is presented in Attachment B of this policy.

E. PROHIBITED SUBSTANCES

Prohibited substances addressed by this policy include the following.

(1) Illegally Used Controlled Substance or Drugs:Under the Drug-Free Workplace Act of1988 any drug or any substance identified in Schedule I through V of Section 202 of theControlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1300.11through 1300.15 is prohibited at all times in the workplace unless a legal prescription hasbeen written for the substance. This includes, but is not limited to: marijuana,amphetamines, opiates, phencyclidine (PCP), and cocaine, as well as any drug notapproved for medical use by the United States Drug Enforcement Administration or theUnited States Food and Drug Administration.

Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and useof illegally obtained prescription drugs. Also, the medical use of marijuana, or the useof hemp related products, as which cause drug or drug metabolites to be present in thebody above the minimum thresholds is a violation of this policy.

The FTA drug-testing regulations (49 CFR Part 655) require that all covered employeesbe tested for marijuana, cocaine, amphetamines, opiates, and phencyclidine as describedin Section H of this policy. Illegal use of these five drugs is prohibited at all times, andthus covered employees may be tested for these drugs anytime that they are on duty.

(2) Alcohol:The use of any form of alcohol that will make a presence in the body whileperforming safety-sensitive job functions is prohibited. An alcohol test can beperformed on a covered employee under 49 CFR Part 655 and Part 40, as amended justbefore, during, or just after the performance of safety-sensitive job functions.

F. PROHIBITED CONDUCT

(1) All covered employees are prohibited from reporting for duty or remaining on duty anytime there is a quantifiable presence of a prohibited drug or alcohol in the body abovethe minimum thresholds defined in 49 CFR 655 and 49 CFR Part 40, as amended.


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(2) Each covered employee is prohibited from consuming alcohol while performing safety-sensitive job functions or while on-call to perform safety-sensitive job functions. If anon-call employee has consumed alcohol, they must acknowledge the use of alcohol atthe time that they are called to report for duty. The covered employee will subsequentlybe relieved of his/her on-call responsibilities and subject to discipline.

(3) Ocean City Transportation shall not permit any covered employee to perform orcontinue to perform safety-sensitive functions if it has actual knowledge that theemployee is using alcohol.

(4) Each covered employee is prohibited from reporting to work or remaining on dutyrequiring the performance of safety-sensitive functions while having an alcoholconcentration of 0.02 or greater regardless of when the alcohol was consumed.

(5) No covered employee shall consume alcohol for a minimum of eight (8) hours followinginvolvement in an accident or until he/she submits to the post-accident drug and alcoholtest, whichever occurs first.

(6) No covered employee shall consume alcohol within four (4) hours prior to theperformance of safety-sensitive job functions.

(7) Consistent with the Drug-Free Workplace Act of 1988, all of Ocean City Transportationemployees are prohibited from engaging in the unlawful manufacture, distribution,dispensing, possession, or use of prohibited substances in the work place including TheTown of Ocean City premises, transit vehicles, while in uniform or while on The Townof Ocean City business.

(8) If an employee has reason to believe he or she is unfit to perform safety sensitivefunctions and voluntarily seeks assistance, due to a drug and/or alcohol problem, theemployee must contact the Director of Human Resources, Manager of the Drug &Alcohol Program, and request a temporary leave from the performance of safetysensitive functions. The employee will be tested prior to returning to duty aftercompletion of the Substance Abuse Professional's recommended treatment program andsubsequent release to duty. The Director of Human Resources will not consider arequest for assistance with a drug and/or alcohol problem, after an employee is requiredto report for testing as a voluntary or self report. In any case, the employee wouldstill be required to submit to any requested drug and/or alcohol testing, and subsequentlybe terminated if adverse results are received.

G. DRUG - STATUTE CONVICTION

Consistent with the Drug Free Workplace Act of 1998, all employees are required to notify theDirector of Human Resources for The Town of Ocean City of any criminal drug statuteconviction for a violation occurring in the workplace within five days after such conviction.

Failure to comply with this provision shall result in disciplinary action as defined in Section Qof this policy.


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H. TESTING REQUIREMENTS

Analytical urine drug testing and breath testing for alcohol will be conducted as required by 49CFR 655 and 49 CFR Part 40 as amended. All covered employees shall be subject to testing

prior to employment, for reasonable suspicion, following an accident, and random as defined inSections K, L, M, and N of this policy. All covered employees who have sought helpvoluntarily from the Director of Human Resources for a substance abuse problem prior to apositive drug or alcohol test will be retested prior to returning to duty after completion of theSubstance Abuse Professional's recommended treatment program and subsequent release toduty.

Follow-up testing will also be conducted following return-to-duty for a period of one to fiveyears, with at least six tests performed during the first year. The duration and frequency of thefollow-up testing above the minimum requirements will be at the discretion of the SubstanceAbuse Professional.

Under FTA authority, a drug test can be performed any time a covered employee is on duty. Analcohol test can be performed just before, during, or after the performance of a safety-sensitivejob function.

Any safety-sensitive employee who refuses to comply with a request for testing shall beremoved from duty and disciplined as defined in Section Q of this policy. Any coveredemployee who is suspected of providing false information in connection with a drug test, or whois suspected of falsifying test results through tampering, contamination, adulteration, orsubstitution will be required to undergo an observed collection. Verification of the above listedactions will be considered a test refusal and will result in the employees removal from duty anddisciplined as defined in Section Q of this policy. Refer to Section C for behavior thatconstitutes a refusal to test.

I. DRUG TESTING PROCEDURES

Testing shall be conducted in a manner to assure a high degree of accuracy and reliability andusing techniques, equipment, and laboratory facilities that have been approved by the DHHS.

All testing will be conducted consistent with the procedures set forth in 49 CFR 655 and 49CFR Part 40, as amended. The procedures will be performed in a private, confidential mannerand every effort will be made to protect the employee, the integrity of the drug testingprocedure, and the validity of the test result.

After the identity of the donor is checked using picture identification, a urine specimen will be

collected using the split specimen collection method described in 49 CFR Part 40, as amended.Each specimen will be accompanied by a DOT Chain of Custody and Control Form andidentified using a unique identification number that attributes the specimen to the correctindividual.

The specimen analysis will be conducted at a DHHS certified laboratory. An initial drug screenand validity test will be conducted on the primary urine specimen. For those specimens that arenot negative, a confirmation Gas Chromatography Mass Spectrometry (GCMS) test will beperformed. The test will be considered positive if the amounts of the drug(s) and/or itsmetabolites identified by the GCMS test are above the minimum thresholds established in 49CFR 655 and 49 CFR Part 40, as amended.


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Under certain conditions, when licit and/or other drug usage is suspected, Ocean CityTransportation maintains the right to perform an expanded drug-testing panel to include othersubstances. This testing will be conducted exclusively under the auspices of The Town ofOcean Citys Director of Human Resources, and the specimen would be collected using non-DOT forms and procedures.

The test results from the DHHS certified laboratory would be reported to a MRO. The MROwill review the test results to ensure the scientific validity of the test and to determine whetherthere is a legitimate medical explanation for a confirmed positive, substitute, or adulterated testresult. The MRO will attempt to contact the employee to notify the employee of the non-negative laboratory result, and provide the employee with an opportunity to explain theconfirmed laboratory test result. The MRO will subsequently review the employee's medicalhistory/medical records as appropriate to determine whether there is a legitimate medicalexplanation for a non-negative laboratory result. Ifno legitimate medical explanation is found,the test will be verified positive or refusal to test and reported to the Director of HumanResources and Drug and Alcohol Program Manager (DAPM) for The Town of Ocean City.

If a legitimate explanation is found, the MRO will report the test result as negative to the DAPMand no further action will be taken. If the test is invalid without a medical explanation, a retestwill be conducted under direct observation.

Any covered employee who questions the results of a required drug test under paragraphs Lthrough P of this policy may request that the split sample be tested. The split sample test must beconducted at a second DHHS-certified laboratory with no affiliation with the laboratory thatanalyzed the primary specimen. The test must be conducted on the split sample that wasprovided by the employee at the same time as the primary sample. The method of collecting,storing, and testing the split sample will be consistent with the procedures set forth in 49 CFR655 and 49 CFR Part 40, as amended. Employees will not have access to a test of their splitsample following an invalid test result.

The employee's request for a split sample test must be made to the MRO within 72 hours ofnotice of the original sample verified test result. Requests after 72 hours will only be acceptedat the discretion of the MRO if the delay was due to documental facts that were beyond thecontrol of the employee. The Director of Human Resources for Town of Ocean City will ensurethat the cost for the split specimen are covered in order for a timely analysis of the sample,however the Director of Human Resources will seek reimbursement for the split sample testfrom the employee.

If the analysis of the split specimen fails to confirm the presence of the drug(s) detected in theprimary specimen, the split specimen cannot be analyzed, or if the results of the split specimenare not scientifically adequate, the MRO will declare the original test to be canceled and willdirect the Director of Human Resources for The Town of Ocean City to retest the employeeunder direct observation.

The split specimen will be stored at the initial laboratory until the analysis of the primaryspecimen is completed. If the primary specimen is negative, the split will be discarded. If theprimary is positive, the split will be retained for testing if so requested by the employee throughthe MRO. If the primary specimen is positive, it will be retained in frozen storage for one yearand the split specimen will also be retained for one year.


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The Town of Ocean City and Ocean City Transportation affirms the need to protect individualdignity, privacy, and confidentiality throughout the testing process. If at any time the integrityof the testing procedures or the validity of the test results is compromised, the test will becanceled. Minor inconsistencies or procedural flaws that do not impact the test result will notresult in a cancelled test.

The alcohol testing form (ATF) required by 49 CFR 655 and 49 CFR Part 40 as amended, shallbe used for all DOT/FTA required testing. Failure of an employee to sign step 2 of the ATFwill be considered a refusal to submit to testing.

K. PRE-EMPLOYMENT TESTING

All applicants for safety sensitive transit positions shall undergo a pre-employment drug testprior to performing a safety-sensitive function.

(1) All offers of employment for safety sensitive positions shall be extended conditionalupon the applicant passing a drug test. The applicant shall not be hired until a negativepre-employment drug test is verified with the towns Human Resources Department.

(2) An employee in a non safety sensitive position shall not be placed, transferred orpromoted into a safety sensitive position until the employee takes a drug test andreceives a verified negative results.

(3) If an applicant fails a pre-employment drug or alcohol test, the conditional offer ofemployment shall be rescinded. Evidence of the absence of drug dependency from aSAP that meets 49 CFR 655 and 49 CFR Part 40 as amended and a negative pre-employment drug test will be required prior to further consideration for employment.

(4) If an employee is being placed, transferred, or promoted from a non safety sensitive

position to a safety sensitive position, must submit to a drug test and has a verifiedpositive result, the employee shall be subject to disciplinary action in accordance withSection Q.

(5) If a pre-employment/pre-transfer test is canceled, the Director of Human Resources forThe Town of Ocean City will require the applicant to take and pass another pre-employment drug test.

(6) In instances where a covered employee is on extended leave for a period of 90 days ormore regardless of reason, and has not been in the random testing pool during that time,the employee will be required to take a drug test under 49 CFR Part 655 and 49 CFRPart 40, as amended, have negative test results prior to the conduct of safety-sensitive

job functions.

(7) An applicant with a dilute negative test result will not be eligible for a retest. All offersfor employment by Ocean City Transportation will be rescinded.


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This includes all surviving covered employees that are operating the vehicle at the time of theaccident and any other whose performance cannot be completely discounted as a contributingfactor to the accident.

In addition, a post-accident test will be conducted if an accident results in injuries requiringimmediate transportation to a medical treatment facility; or one or more vehicles incursdisabling damage. This includes covered employees operating the vehicle at the time of theaccident and any other whose performance cannot be completely discounted as a contributedfactor to the accident.

Under its own authority, The Town of Ocean City may test covered employees for all accidentsregardless of whether the accident meets FTA thresholds. For accidents that do not meet theFTA thresholds, The Town of Ocean City will use non-DOT forms and procedures.

Post accident testing procedures include the following:

(1) As soon as practicable following an accident, as defined in this policy, the RiskManager or representative investigating the accident will notify the transit employeeoperating the transit vehicle and all other covered employees whose performance couldhave contributed to the accident of the need for a post accident test.

(2) The Risk Manager or representative shall ensure that an employee, required to be testedunder this section, is tested as soon as practicable, but no longer than eight (8) hours ofthe accident for alcohol, and within 32 hours for drugs. Ifan alcohol test is notperformed within two hours of the accident, the Risk Manager will document thereason(s) for the delay. If the alcohol test is not conducted within (8) eight hours, or thedrug test within 32 hours, attempts to conduct the test must cease and the reasons for thefailure to test documented.

(3) Any covered employee involved in an accident must refrain from alcohol use for eight(8) hours following the accident, or until he/she undergoes a post-accident alcohol test.

(4) An employee who is subject to post-accident testing who fails to remain readilyavailable for such testing, including notifying a Supervisor and or Risk Manager of hisor her location if he or she leaves the scene of the accident prior to submission to suchtest, may be deemed to have refused to submit to testing.

(5) Nothing in this section shall be construed to require the delay of necessary medicalattention for the injured following an accident, or to prohibit an employee from leavingthe scene of an accident for the period necessary to obtain assistance in responding to theaccident, or to obtain necessary emergency medical care.

(6) In the rare event that The Town of Ocean City is unable to perform an FTA drug andalcohol test (i.e., employee is unconscious, employee is detained by law enforcementagency), The Town of Ocean City may use drug and alcohol post- accident test resultsadministered by local law enforcement officials in lieu of the FTA test. The local lawenforcement officials must have independent authority for the test and the employermust obtain the results in conformance with local law.


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N. RANDOM TESTING

All covered employees will be subjected to random, unannounced testing. The selection ofemployees shall be made by a scientifically valid method of randomly generating an employeeidentifier from the appropriate pool of safety-sensitive employees.

(1) The dates for administering unannounced testing of randomly selected employees shallbe spread reasonably throughout the calendar year.

(2) The number of employees randomly selected for drug/alcohol testing during the calendaryear shall be not less than the percentage rates established by FTA as referenced in theFederal Register as per 49 CFR Part 655.45(B).

(3) Each covered employee shall be in a pool from which the random selection is made.Each covered employee in the pool shall have an equal chance of selection each time theselections are made. Employees will remain in the pool and subject to selection,whether or not the employee has been previously tested. There is no discretion on thepart of management in the selection and notification of the individuals who are to betested.

(4) Covered transit employees who fall under the FTA regulations will be included in onerandom pool maintained separately from the testing pool of employees that are includedsolely under the Citys authority.

(5) Random tests can be conducted at any time during an employee's shift for drug testing.Random alcohol tests can be performed just before, during, or just after the performanceof a safety sensitive duty.

(6) Employees are required to proceed immediately to the collection site upon notificationof their random selection. Employees will have a maximum of 3 hours to complete thetest. The maximum of 3 hours relates to the shy bladder clause, in no way does it negatethe immediate response of an employee to report for random testing. If a reasonabletime passes without the employee reporting, disciplinary action will be imposed.

O. RETURN-TO-DUTY TESTING

As noted in section A, Ocean City Transportation adheres to a Zero Tolerance policy,meaning a verified positive drug screen and/or confirmed positive alcohol screen with anyalcohol concentration will result in immediate removal from all duties, referral to a substanceabuse professional, and immediate termination of employment.

If an administrative or judicial party overturns an employment termination based on a violationof this policy, bargaining agreements or other legal requirements the following provisions basedon the federal regulations will be adhered to:

All covered employees who previously tested positive on a drug or alcohol test or refused a test,must test negative for drugs, alcohol (below 0.04 for alcohol), or both and be evaluated andreleased by the SAP before returning to work. For an initial positive drug test, a Return-to-Dutydrug test is required and an alcohol test is allowed. For an initial positive alcohol test a Return-to-Duty alcohol test is required and a drug test is allowed. Following the initial assessment, theSAP will recommend a course of rehabilitation unique to the individual.


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The SAP will recommend the return-to-duty test only when the employee has successfullycompleted the treatment requirement and is known to be drug-and alcohol-free and there is noundue concern for public safety. Under no circumstances will an employee be reinstated to theconduct of safety-sensitive job functions prior to completion of the treatment plan with negativetests. The cost for assessment and any subsequent treatment will be the sole responsibility ofthe employee.

P. FOLLOW-UP TESTING

Covered employees will be required to undergo frequent, unannounced drug and alcohol testingfollowing their return-to-duty. The follow-up testing will be performed for a period of one tofive years with a minimum of six tests to be performed the first year. The frequency andduration of the follow-up tests (beyond the minimums) will be determined by the SAP reflectingthe SAP's assessment of the employee's unique situation and recovery progress. Follow-uptesting should be frequent enough to deter and/or detect a relapse. Follow-up testing is separateand in addition to the random, post-accident, reasonable suspicion and return-to-duty testing.

Q. RESULT OF DRUG/ALCOHOL TEST

Any covered employee that has a verified positive drug or alcohol test will be removed fromhis/her safety-sensitive position immediately, informed of educational and rehabilitationprograms available, and referred to a SAP for assessment.

No employee will be allowed to return to duty requiring the performance of safety-sensitive jobfunctions without the approval of the SAP.

A positive drug and/or alcohol test will also result in disciplinary action as specified herein.

(1) As soon as practicable after receiving notice of a verified positive drug test result, aconfirmed alcohol test result, or a test refusal, the DAPM for The Town of Ocean Citywill contact the employee's Supervisor to have the employee cease performing anysafety-sensitive function.

(2) The employee shall be referred to a SAP for an assessment. The SAP will evaluate eachemployee to determine what assistance, if any, the employee needs in resolvingproblems associated with prohibited drug use or alcohol misuse.

(3) Refusal to submit to a drug/alcohol test shall be considered a positive test result and adirect act of insubordination and shall result in termination. A test refusal includes thefollowing circumstances.

(a) A covered employee who consumes alcohol within eight (8) hours followinginvolvement in an accident without first having submitted to post-accidentdrug/alcohol tests.

(b) A covered employee who leaves the scene of an accident without a legitimateexplanation prior to submission to drug/alcohol tests.

(c) A covered employee who is suspected of providing false information inconnection with a drug test.

(d) A covered employee who provides an insufficient volume of urine specimenor breath sample without a valid medical explanation. The medicalevaluation shall take place within 5 days of the initial test attempt.


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(e) A verbal or written declaration, obstructive behavior, or physical absenceresulting in the inability to conduct the test within the specified time frame.

(f) A covered employee whose urine sample has been verified by the MRO assubstitute or adulterated.

(g) A covered employee fails to appear for any test within a reasonable time, asdetermined by the employer, after being directed to do so by the employer.

(h) A covered employee fails to remain at the testing site until the testingprocess is complete.

(i) A covered employee fails to provide a urine specimen for any drug testrequired by 49 CFR 655 and 49 CFR Part 40 or DOT agency regulations.

(j) A covered employee fails to permit the observation or monitoring of aspecimen collection.

(k) A covered employee fails or declines to take a second test the employer orcollector has directed you to take.

(l) A covered employee fails to undergo a medical examination or evaluation, asdirected by the MRO as part of the verification process, or as directed by theDER as part of the "shy bladder or "shy lung" procedures.

(m) A covered employee fails to cooperate with any part of the testing process(e.g., refuses to empty pockets when so directed by the collector, behave in aconfrontational way that disrupts the collection process).

(n) Failure to follow the observers instructions during an observed collectionincluding instructions to raise your clothing above the waist, lower clothingand underpants, and to turn around to permit the observer to determine if youhave any type of prosthetic or other device that could be used to interfere withthe collection process;

(o) Possession or wearing of a prosthetic of other device that could be used tointerfere with the collection process;

(p) Admit to the collector or MRO that you adulterated or substituted a specimen;(q) Failure to sign Step 2 of the Alcohol Testing form.

(4) Ocean City Transportation has a zero tolerance policy. A verified positive drug screenand/or confirmed positive alcohol screen with an alcohol concentration of 0.04 or greaterwill result in immediate removal from all duties, referral to a substance abuseprofessional, and termination of employment.

(5) An alcohol test result of >0.04 to < 0.02 BAC shall result in the removal of the employeefrom duty for 24 hours. The employee will not be allowed to return to a safety-sensitiveduty or his/her next shift until he/she submits to an alcohol test with a result of less than0.04 BAC.

(6) The cost of any treatment or rehabilitation services will be paid directly by the employeeor his/her insurance provider. The employee will be permitted to take accrued sick leaveor administrative leave without pay to participate in the SAP prescribed treatmentprogram. If the employee has insufficient sick leave accrual, the employee shall beallowed to use vacation or personal leave. If the employee has insufficient leavebalances, the employee shall be placed on leave without pay until the SAP hasdetermined that the employee has successfully completed the required treatmentprogram and releases him/her to return-to-duty. Any leave taken, either paid or unpaid,shall be considered leave taken under the Family and Medical Leave Act.


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(7) In the instance of a self-referral, disciplinary action against the employee shall include:

(a) Mandatory referral to a SAP for assessment, formulation of a treatment plan,and execution of a return to work agreement;

(b) Failure to execute, or remain compliant with the return-to-work agreementwill result in termination of employment from The Town of Ocean City.Compliance with the return-to-work agreement means that the employee hassubmitted to a drug/alcohol test immediately prior to returning to work; theresult of that test is negative; in the judgment of the SAP the employee iscooperating with his/her SAP recommended treatment program; and, theemployee has agreed to periodic unannounced follow-up testing as defined inSection P of this policy;

(c) Refusal to submit to a periodic unannounced follow-up drug/alcohol test shallbe considered a direct act of insubordination and will result in termination.

(d) A self-referral to the SAP that was not precipitated by a positive test resultdoes not constitute a violation of the Federal regulations and will not beconsidered as a positive test result in relation to the discipline defined inSection Q.4 of this policy.

(e) Periodic unannounced follow-up drug/alcohol test conducted as a result of aself-referral which results in a verified positive shall be considered a positivetest result in relation to the discipline defined in Section Q.4 of this policy.

(f) A Voluntary Referral does not shield an employee from disciplinary action orguarantee employment with Ocean City Transportation.

(g) A Voluntary Referral does not shield an employee from the requirement tocomply with drug and alcohol testing.

(8) Failure of an employee to report within five days of a criminal drug statute convictionfor a violation occurring in the workplace will result in termination.

R. GRIEVANCE AND APPEAL

The consequences specified by 49 CFR Part 655 and 49 CFR Part 40, as amended for a positivetest or test refusals are not subject to arbitration. Ocean City Transportation has a ZEROtolerance Drug and Alcohol Policy.

S. PROPER APPLICATION OF THE POLICY

The Town of Ocean City and Ocean City Transportation is dedicated to assuring fair andequitable application of this substance abuse policy. Therefore, Supervisors/Managers arerequired to use and apply all aspects of this policy in an unbiased and impartial manner. AnySupervisor/Manager who knowingly disregards the requirements of this policy, or who is found

to deliberately misuse the policy in regard to subordinates, shall be subject to disciplinaryaction, up to and including termination.

T. INFORMATION DISCLOSURE

Drug and Alcohol testing records shall be maintained by the Director of Human Resources forThe Town of Ocean City and, except as provided below or by law, the results of any drug andalcohol test shall not be disclosed without express written consent of the tested employee.


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(1) The employee, upon written request, is entitled to obtain copies of any records pertainingto their use of prohibited drugs or misuse of alcohol including any drug or alcoholtesting records.

(2) Records will be released to the National Transportation Safety Board during an accidentinvestigation.

(3) Records will be released to the DOT or any DOT agency with regulatory authority overthe employer or any of its employees.

(4) Records will be released if requested by a federal, state or local safety agency withregulatory authority over The Town of Ocean City or the employee.

(5) If a party seeks a court order to release a specimen or part of a specimen contrary to anyprovision of 49 CFR, Part 40 as amended necessary legal steps to contest the issuance ofthe order will be taken.

(6) In cases of a contractor or sub-recipient of a state department of transportation, recordswill be released when requested by such agencies that must certify compliance with theregulation to the FTA.


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Attachment A

Safety-Sensitive Positions

SuperintendentAssistant SuperintendentOperations ManagerInternal Operations CoordinatorBus SupervisorsT-Bus Driver SupervisorsT-Van Drivers/Dispatcher

T-Account Clerk IBus DriversT-Bus DriversTransportation Maintenance TechT-Transportation Maintenance Tech IFleet Service ManagerVehicle Equipment Tech IVehicle Equipment Tech IIT-Bus Driver Trainee IT-Bus Driver Trainee II


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Attachment B

Alcohol Fact Sheet

Alcohol's Effects on the Body Drinking too much (on a single occasion or over time)can take a serious toll on your health. Heres how alcohol can affect your body:

Brain Alcohol interferes with the brains communication pathways, and can affect theway the brain looks and works. These disruptions can change mood and behavior, andmake it harder to think clearly and move with coordination.

Heart Drinking a lot over a long time or too much on a single occasion can damage theheart, causing problems including:

Cardiomyopathy Stretching and drooping of heart muscle Arrhythmias Irregular heart beat Stroke High blood pressure Liver Heavy drinking takes a toll on the liver, and can lead to a variety of problems and

liver inflammations including: Steatosis, or fatty liver Alcoholic hepatitis Fibrosis Cirrhosis Pancreas Alcohol causes the pancreas to produce toxic substances that can eventually

lead to pancreatitis, a dangerous inflammation and swelling of the blood vessels in thepancreas that prevents proper digestion.

Cancer Drinking too much alcohol can increase your risk of developing certain cancers,including cancers of the: mouth, esophagus, throat, liver and breast.

Immune System Drinking too much can weaken your immune system, making yourbody a much easier target for disease. Chronic drinkers are more liable to contractdiseases like pneumonia and tuberculosis than people who do not drink too much.Drinking a lot on a single occasion slows your bodys ability to ward off infections even up to 24 hours after getting drunk.(as reported by the National Institute on Alcohol Abuse and Alcoholism)

Workplace Issues Substance abusers are ten times more likely to miss work Substance abusers are 3.6 times more likely to be involved in on-the-job accidents Substance abusers are five times more likely to file a workers compensation claim Substance abusers are 33% less productive Substance abusers are responsible for health care costs that are three times as high.

(As reported by the American Council for Drug Educationss facts for employers

Certain people should avoid alcohol completely, including those who: Plan to drive a vehicle or operate machinery Take medications that interact with alcohol Have a medical condition that alcohol can aggravate Are pregnant or trying to become pregnant


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V. Employee Signature Page

Summary

The Department of Transportation (DOT) and Federal Transportation Administration (FTA)mandate this Drug and Alcohol Policy as it pertains to Public Transportation. It is also thedesire of The Town of Ocean City and Ocean City Transportation to educate all transportationemployees and applicants thereof on the implementation and use of this policy. All employeesand applicants of the transportation department and associated departments will be afforded theright, at anytime to discuss this policy in part or the entirety.

By signing this policy, you are attesting to the fact that you have read and understand thecontents and you will abide by the policy at all times. As stated in Section R, Theconsequences specified by 49 CFR Part 655 and 49 CFR Part 40, as amended, for a positive testor test refusals are not subject to arbitration.

____________________________________Employee/Applicant Name Printed

____________________________________Employee/Applicant Signature

______________Date


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5. CONSENT AGENDAF. Request to Approve Taxi Medallion Transfers


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TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Kelly L. Allmond, City ClerkRE: Taxi Medallion Transfer of #004 and #009DATE: November 25, 2013

ISSUE(S): Transfer of Taxi Medallion #004 and #009

SUMMARY: On November 6, 2013, Ruth M. Carpenter (dba AbouTown Taxi &Shuttle, Inc.) sold medallion #004 and #009, for the sum of

$10,000, to Vahe Hovhannisyan (fleet operator). The 25%transfer fee of $2,500 was paid on November 9, 2013.

This was a Fleet to Fleet Transfer so the Fleet to IndependentRatio holds at 17%

FISCAL IMPACT: Revenue: $2,500

RECOMMENDATION: Approve the transfer of Medallions #004 and #009

ALTERNATIVES: Exercise your right of first refusal as provisioned in Chapter 102-32(b)(7)d of the Town Code.

RESPONSIBLE STAFF: Kelly Allmond, City Clerk

COORDINATED WITH: Sue Adkins, Accounts Receivable ManagerMike Sherman, Business License InspectorMichelle Monico, OCPD Records Manager

ATTACHMENT(S): 1) Bill of Sale for Medallion #004 and #0092) Chapter 102 32(b)(7)d of the Town Code

Agenda Item # 5F



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(a)

(1)

(2)

(b)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

a.

b.

Sec. 102-32. - Requirements.

Operation of taxicabs.

No taxicab shall be operated within the limits of Ocean City, Maryland unless it is

licensed pursuant to this article or is licensed by some other governmental agencythat is merely delivering people from the jurisdiction of such other governmental

agency to Ocean City.

No taxicab shall be operated without a medallion, in accordance with the provisions of

this ordinance, when transporting passengers between points in Ocean City, a point in

Ocean City to a point outside Ocean City, a point outside Ocean City to a point in

Ocean City, or a point at an Ocean City owned facility to a point in or outside Ocean

City.

Licensing procedure.

The Police Commission is authorized to issue up to 175 taxicab medallions up to

85 percent to be issued to fleet holders and up to 15 percent to be issued to

independent holders.Taxicab medallions shall be awarded by a process the manner of which is to be

determined by the mayor and city council. Payment of the medallion price under the

initial process shall be ten percent at time of award, ten percent on April 15, 20

percent on May 15, June 15, July 15 and August 15. If a payment is not made on a

due date, the medallion is automatically revoked. Taxicab medallions awarded after

the initial process shall be payable on or at time of award.

Successful bidders shall provide the names and addresses used for the past five

years of each member or stockholder of a corporate holder and the same information

for the individual holders. Each member or individual must sign an authorization for

the Police Department to perform a criminal background search and pay to the Police

Department the requisite fee for such service.

A holder of a taxicab medallion must have the taxicab fully operational under this

article within 30 days of the successful bid or the medallion must be returned to the

Police Commission without a refund. The Police Commission may extend the fine for

up to ten additional days, per good cause shown by the holder

If an operational taxicab license becomes inoperable and is not repaired and

reinspected, replaced or transferred, as herein provided, within one year, the

medallion must be returned to the Police Commission without a refund.

A holder of a taxicab medallion may transfer the medallion to another vehicle owned

by the holder, upon notification to the Police Department, provided that such vehicle

meets all requirements of this article.

If a taxicab medallion is paid in full, the holder of a taxicab medallion may transfer the

taxicab medallion to another holder; provided however, that a fleet holder may transfer

to either a fleet holder or independent holder and an independent holder may only

transfer to another independent holder to maintain at least a 15 percent holder ratio to

independent holders. Any transfer of a taxicab medallion is subject to the approval of

the Mayor and City Council and is subject to the following provisions:

The proposed transferee must comply with subsection (3) of this section.

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c.

d.

(8)

(c)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

a.

b.

i.

ii.

iii.

iv.

v.

vi.

(13)

Both the transferor and the transferee shall provide the Mayor and City Council

with a sworn affidavit and bill of sale attesting to the transfer price or

consideration.

Pay onto the Mayor and City Council a transfer fee equal to the greater of

$500.00 or 25 percent of the transfer price or consideration.

A right of first refusal by the Mayor and City Council of Ocean City to reacquire

the usage rights of the medallion from the transferor for the proposed purchaseprice less the transfer fee.

The annual renewal medallion fee shall be $500.00.

No taxicab, licensed under this article, shall be operated without a taximeter operated in

accordance with the provisions of this ordinance when transporting passengers between

points in Ocean City, a point in Ocean City to a point outside Ocean City, a point outside

Ocean City to a point in Ocean City, or a point at an Ocean City owned facility to a point in or

outside Ocean City.

The Police Department will inspect, test, approve, and then seal the taximeter.

The taximeter must be accurate, within an error in calibration of not greater than five

percent, and in operating condition. The type of meter must be approved by the Police

Department.The taximeter shall be mounted on the dashboard and connected to the transmission,

speedometer cable or speed sensor in a manner approved by the Police Department

and must not obscure the vision of the operator or present a hazard to the

passengers.

The lights in the taximeter must be on to indicate the meter is operating.

The taximeter reading (fare) must be visible to the passengers at all times.

A taxicab driver may not charge a fare in excess of the taximeter reading.

A taxicab driver may not charge a fare if the taximeter is not operating during a ride.

If the taximeter breaks down, is stolen, or becomes inoperable for any reason, the

Police Department will do an inspection on the new or repaired taximeter within 48hours of the request for inspection.

It is unlawful for any person to tamper with or break the taximeter seal.

It shall be unlawful for any person to operate any taxicab with a broken taximeter seal.

The Police Department shall inspect the taxicab taximeter annually and may conduct

random inspections as needed.

It shall be unlawful for any taxicab to display, internally or externally, any advertising

materials, except:

The name of the taxicab owner.

Advertisement on exterior roof light, which does not exceed39"L, 14"W and

15"H in size, and which is not:

False, misleading or deceptive;

Sexually explicit or obscene;

Violent in nature or illegal;

Promoting tobacco products;

Promoting gambling, except for Ocean Downs or the State lottery and

keno

Promoting alcohol products.

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(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

As of March 1, 2007 all taxicabs shall be equipped with a "driver needs help" or

"panic" light pursuant to standards established by the Police Department.

A taxicab must have a minimum of four doors or be a minivan.

A taxicab must have an operational heating system, and, if equipped with air conditioning the

air conditioner must be operational. After March 31, 2010, no taxicab medallion will be issued

for a taxicab which does not have an air conditioning system.

All holders shall accept credit cards for payment of fares, provided that holders have untilMarch 31, 2013 to be compliant.

All taxicabs, licensed under this article, must be registered with the Motor Vehicle

Administration of the State of Maryland. Vehicles must be registered in either the company

name or the name of the business license holder.

All taxicabs, licensed under this article, must file with the Town of Ocean City a certificate

proving insurance coverage currently exists for the vehicle to be used as a taxicab at the

time of the initial annual inspection. The coverage shall be for injury to or death of persons in

accidents resulting from any cause of which the owner of the vehicle would be liable by law,

regardless of whether the taxicab was being driven by the owner, employee, agent or lessee,

and against damage to the property of another, including personal property, in the minimum

amounts as required by the State of Maryland. The taxicab medallion holder shall have theirinsurance carrier name the Town of Ocean City as a "Certificate Holder" further requiring that

the Town of Ocean City be notified of any cancellation or termination of insurance coverage.

The cancellation or termination of any coverage or policy shall automatically terminate and

revoke the taxicab medallion issued to the taxicab covered by such policy, unless another

policy complying with the provisions of this section is provided and is in effect at the time of

the cancellation or termination.

All taxicab medallion holders, licensed under this article, shall establish policies and take

action to discourage, prevent or correct violations of this chapter by taxicab drivers employed

or contracting with the taxicab medallion holder. No taxicab medallion holder will allow a

taxicab driver who is employed by them or whom is contracting with them to drive a taxicab,

if the medallion holder knows or has reasonable cause to know that the driver has failed tocomply with this chapter, any applicable local, state or federal law including any rules or

regulations established by either the Mayor and City Council or the Police Commission.

Every taxicab operating under this chapter shall be kept clean and sanitary according to

rules and regulations which may from time to time be determined and adopted by the Police

Commission. The Police Department shall ensure all taxicabs are inspected at least twice

annually for compliance with this section.

A taxicab medallion may be deactivated by its holder and stored at city hall for a maximum

period of six months in a one year cycle. A taxicab medallion may be deactivated and

reactivated one time with no fee charged, however any additional deactivation and

reactivation will be subject to an administrative fee of $100.00 per vehicle per additional

reactivation.(Ord. No. 2000-11, 5-1-2000; Ord. No. 2004-4, 4-5-2004; Ord. No. 2006-6, 4-3-2006; Ord. No. 2006-25, 9-26-2006;

Ord. No. 2010-1, 2-16-2010; Ord. No. 2010-5, 4-5-2010; Ord. No. 2010-21, 7-6-2010; Ord. No. 2010-31, 10-18-

2010; Ord. No. 2011-20, 6-20-2011; Ord. No. 2012-12, 3-19-2012)

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5. CONSENT AGENDAG. Request Approval to Sole Source Purchase WebLink

Software Allowing Internet Access to City Scanned

Documents


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TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Nancy Bloxom, IT ManagerRE: Request for Approval to Purchase Laserfiche WebLinkDATE: November 18, 2013

ISSUE(S): Request permission to purchase Laserfiche WebLink applicationfrom MCCI. MCCI is our preferred Laserfiche provider and withwhom we have a Laserfiche support contract with.

SUMMARY: WebLink will provide citizen access to our document imagingsystem thus freeing up staff. WebLink will also allow otherdepartments to have access to scanned documents.

FISCAL IMPACT: In ITs approved budget: $10,815

RECOMMENDATION: Approve purchase.

ALTERNATIVES: Have staff continue to supply documents to Citizens and otherdepartments.

RESPONSIBLE STAFF: Nancy Bloxom, IT Manager

Rob Morand, Network Manager

COORDINATED WITH: Terry McGean, City