R2020-183 Resolution Authorizing Execution of an Agreement for Management and Operation of City of Decatur Public Transit Services with MV Transportation, Inc.

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supervisory personnel shall be available during all hours of operation. No employee or designee of the CONTRACTOR shall continue to be so employed on any work under these specifications that is found to continue to demonstrate Conduct Unbecoming_of Pers_onnel. CONTRACTOR shall be responsible for hiring and discharging personnel employed by the CONTRACTOR to perform its obligations hereunder. However,CITY shall have the right to request CONTRACTOR to remove from service any employee who,in CITY'S sole discretion, has been found to violate CONTRACTOR'S Code of Conduct more than once in a 6-month period; provided that CITY shall make such request in writing, state the reasons therefore, and include any supporting documentation, and provided further that such request does not violate applicable local, state or federal laws,rules or regulations. 6) Conduct Unbecoming of Personnel: The CONTRACTOR is required to develop a Code of Conduct and train all of its employees regarding its requirements on an annual basis which shall include EEO and ethics. In addition, all of CONTRACTOR's employees and agents including subcontracted employees and agents shall avoid conduct unbecoming an employee, as defined below. CITY may, at its sole discretion,request the removal or requalification of any contracted employee or agent from service or performance of work on this Contract or CITY property found to have committed violations as outlined below, and/or for engaging in conduct unbecoming an employee as defined below. Removal or disciplinary actions by CONTRACTOR in response to the request, shall be at no cost to the CITY. Examples of conduct unbecoming an employee include,but are not limited to: a) Use of language that is obscene, risqud or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer. b) Belligerent or malicious behavior. c) Willful refusal or failure to assist customers. d) Violation of applicable'safety rules that causes injury to a person, damage to property, or release of a hazardous substance. e) Littering in rolling stock or station areas. f) Smoking, reading, listening to radio or other audio devices or watching or listening to TV while operating an DPTS vehicle or equipment. g) Conduct demeaning to CITY, DPTS or the CONTRACTOR, including demeaning oral or written remarks made to the public and/or Customers. h) Conduct that constitutes oppression, fraud,malice,negligence or recklessness,as defined herein. i) Any violation of CITY DPTS' or CONTRACTOR'S Personal Electronic Device policies, including devices such as Google and Apple watches that create the potential for distraction while driving. Reasons for which the CITY may request that an employee or subcontractor be removed include, but are not limited to: • Failure to meet or maintain minimum standards established for the employee's or subcontractor's assigned duties. • Failure to pass a drug or alcohol screen conducted in accordance with FTA drug and alcohol testing requirements. • Actions or performance which is illegal, unsafe or not in keeping with reasonable expectations for the employee's or subcontractor's assigned position or duties.