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The CONTRACTOR will be responsible to comply with all requirements of the Federal Transit Administration (FTA) regarding the testing of safety sensitive employees for drug and alcohol use. Complete compliance includes, but is not limited to, the adoption of required policies, implementation of a random testing program, employee training, record keeping and reporting. The CONTRACTOR will maintain a file documenting full compliance and the CITY shall reserve the right to access this file and audit CONTRACTOR compliance. The cost of compliance is the responsibility of the CONTRACTOR. 2.15 SAFETY PROGRAM The CONTRACTOR will have full responsibility for assuring the safety of all passengers and operations personnel. The CONTRACTOR must comply with all applicable local, state, and federal regulations. The CONTRACTOR must implement and maintain a formal safety program and must provide an outline of this program to the CITY upon request. In addition, evidence that all vehicle operators, and other pertinent personnel, have shown that they are competent in all components of the safety program must be provided to the CITY upon request. The safety program must include the following components at a minimum: defensive driving techniques, proper use of seat belts, wheelchair tie - downs, First Aid, CPR and disability awareness and sensitivity training. 2.16 EMERGENCY, ACCIDENT, INCIDENT AND COMPLAINT REPORTING The CONTRACTOR is required to have an accident and emergency notification program that keeps the CITY notified of accidents or emergencies and the progress of claims that will assure the CITY that claims are promptly and fairly handled. At minimum, all emergencies and accidents, both vehicular and non - vehicular, and any injury of any degree to program participants must be reported orally to the CITY as soon as the situation is stabilized, but no later than 24 hours after the occurrence of the incident. All oral reports must be followed by a written report within 48 hours of the initial report. The CONTRACTOR assumes all liability for accidents, worker compensation claims, etc., including defined costs, and damages arising from the performance of this AGREEMENT. The CONTRACTOR shall report all in- service incidents involving property damage or personal injury accidents, illegal or threatening actions, and unacceptable passenger and/or staff behavior to the CITY immediately upon knowledge of the situation. The CONTRACTOR will be responsible for the investigation of all complaints received directly from the public or referred by the CITY. All complaint investigations will begin within one (1) weekday of receipt. The customer must be contacted within 48 hours and final resolution reported to the City within 7 days of the initial complaint. Complaints involving alleged abuse, theft, and similar activities will be investigated immediately upon knowledge of the allegation. In these situations, the CITY will be notified immediately of the issues and investigative action. The CONTRACTOR will be responsible for the design and production of complaint investigation report forms (final design is subject to CITY approval), for the maintenance of a complaint log and the submission of a monthly complaint status summary report. 2.17 DATA COLLECTION AND REPORTING Non - Professional Services Agreement between July 1, 2011 City of San Leandro and MV Transportation, Inc — Exhibit A Page 12 of 16