Res 1862 - SAMT Agreement
COUNCil Bill NO. 2676
RESOLUTION NO. 1862
A RESOLUTION ENTERING INTO A SPECIAL TRANSPORTATION AGREEMENT WITH
SALEM AREA MASS TRANSIT DISTRICT AND AUTHORIZING THE CITY
ADMINISTRATOR TO SIGN SUCH AMENDMENT.
WHEREAS, the City of Woodburn applied for State of Oregon Elderly and Disabled
Special Transportation Fund grant funding for fiscal year 2007-2008 as approved for under
Oregon Statute; and
WHEREAS, the City of Woodburn has been awarded $25,000 in Special
Transportation Fund operating assistance for the Dial-A-Ride program; and
WHEREAS, the Salem Area Mass Transit District administrates the Elderly and
Disabled Special Transportation Fund for Marion County; and
WHEREAS, the Salem Area Mass Transit District has provided a Special
Transportation Agreement to provide FY 2007-2009 Special Transportation Fund operating
assistance to the Dial-A-Ride program, NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOllOWS:
Section 1. That the City of Woodburn enter into the FY 2007-2009 Special
Transportation Agreement with the Salem Area Mass Transit District which is affixed as
Attachment "A" and by this reference incorporated herein, to secure Elderly and Disabled
Special Transportation Fund grant funding for Dial-A-Ride operating assistance.
Section 2. That the City Administrator is authorized to sign said amendment on
behalf of the City.
Page 1 -
COUNCIL BILL NO. 2676
RESOLUTION NO. 1862
Approved as to form:'?l~ va- ~
City Attorney
'1111-1 Zoo 1-
Date
APPROV
/
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the office of the Recorder
Jul y 23. 2007
,July 25, 2007
July 25, 2007
,1111 Y ?5, 2007
ATTEST: /?[~ ~
Mary Te ant, City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIl BILL Ne. 2676
RESOLUTION NO. 1862
SPECIAL TRANSPORTATION
AGREEMENT
SPECIAL TRANSPORTATION FUND
FY 2007/2009
Contractor:
Period Covered:
CITY OF WOODBURN
July 1, 2001 through June 30, 2008
INDEX
FY 2007 - 2008 Special Transportation Agreement
1. SCOPE OF AGREEMENT. ............ .................................................................................... 1
2. TRANSPORTATION SERViCES....................................................................................... 2
3. P A YM ENT...................................... ........... ....................... .......... ...................... .................. 2
4. CONTRACTOR'S WARRANTIES .......................... .... ............. .......................................... 3
5. DISTRICT COVE NANTS ............................................................................................ ....... 4
6. EQUIPM ENT ...................................................................................................... ................ 4
1. FISCAL ACCOUNTABILITY & RECORDS MAINTENANCE ........................................... 5
8. PROG RAM INCOME.................................................... ................ ................. .................... 6
9. AUDITS & EXAMINATIONS. ............................................................................................. 6
1 O. I NSU RANCE..................... ............................................................ ............. ..... ..... ......... ..... 1
11. INDEMNIFICATION ..... ...................................................................................................... 8
12. INDEPENDENT CONTRACTOR STATUS........................................................................ 8
13. PERMITS & LIC ENSES............. ................ ..... ........................... ............................ ............ 9
14. SAF ETY ............................................................................. ................................................ 9
15. DRIVER CRIMINAL & DMV BACKGROUND CHECKS ................................................... 9
16. ASSIG NM ENT ...... ....... ..................................................................................................... 10
17. COMPLIANCE WITH LAWS ............................................................. ............................... 11
18. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS ................................................... 11
19. ORS COMPLIANCE ................................................... ..................................................... 12
20. TERMINATION .. ................ ....................... ................................. ....................................... 12
21. WAIVER ........ ........... .... .............................. .............................. ......................................... 13
22. NOTIC E............................................................... .............................................................. 13
23. DISPUTE RESOLUTION ... ..................... .... .............. ............... ......................................... 13
24. SEVERABILITY. .......... ...... ............... ...... .... ....................................... ............................... 14
25. PRIOR AG REEM ENTS . ........ ........................................................................................... 14
26. JURIS DI CTION ........................................................................... ...................................... 14
27. GOVERNING LAW... ......... ........................................................ ....................................... 14
28. ATTORNEY FEES ........................ ... ............... .................................................................. 14
29. EXHIBITS .... .................................. .............. ...................................................................... 14
30. COU NTE RP ARTS ..................................................................... .................... ..... ....... ....... 14
31. COMPLIANCE WITH TAX LAW....... ........................ ........................................................ 14
32. PERFORMANCE MEASURES ...................... ........... ............. .... ................ ....................... 15
ii
SPECIAL TRANSPORTATION AGREEMENT 2007 - 2009
CITY OF WOODBURN
SPECIAL TRANSPORTATION FUND AGREEMENT
THIS AGREEMENT is entered into this 1st day of July 2007, by and between SALEM AREA
MASS TRANSIT DISTRICT, a Municipal Corporation of the State of Oregon (hereinafter referred to
as "District"), and THE CITY OF WOODBURN (hereinafter referred to as "Contractor" or "city").
RECITALS:
A. The District is a municipal corporation whose existence and general authority is defined by ORS
267.200.
B. The District has established separate and distinct Special Transportation Fund entitled "STF 1 08"
(hereinafter referred to as STF).
C. The District and Contractor are desirous of entering into an agreement for the purpose of
financing and improving transportation programs and services for the elderly and disabled
residents of the District and any county in which all or a portion of the District is located, for the
following projects and amounts:
Amount of this Award Award Control #
PROJECT:
STF
$25,000.00
STF 108
DURATION:
July 1, 2007 through June 30, 2008
D. The parties expressly understand and agree to limit the extent and nature of this agreement to
any funds ultimately to be distributed by STF, and, upon the failure of such fund or the prior
disbursal of any monies previously received as part of the parties' participation in such fund, this
agreement will automatically cease and have no further force or effect. Now, therefore, IT IS
HEREBY AGREED between the parties as follows:
1. SCOPE OF AGREEMENT.
1.1 The Contractor will provide special transportation services in a manner such that the
District will at all times be in full compliance with the applicable grant or other funding
agreements between the District and the source of funding for this agreement and with
ORS 391.800-391.830 and with administrative rules OAR 732-05-000 through 732-10-
045, as presently existing or as hereafter amended, and in a manner which will not
cause the Public Transit Section to withhold payments or disapprove funding for
Contractor's services. The Contractor will comply with all laws and regulations governing
use of STF grants and will comply with all laws and regulations applicable to
transportation of passengers. The Contractor will comply with all policies and guidelines
adopted by the District relating to the STF program. The District's obligations under this
agreement are contingent upon the continued availability and payment of funds from the
State of Oregon Elderly and Disabled Special Transportation Grant. Attached hereto and
by this reference incorporated herein are ORS 391.800-391.830 (Exhibit D) and
administrative rules OAR 732-05-000 through 732-10-045 (Exhibit E).
2. TRANSPORTATION SERVICES.
2.1 The Contractor agrees to provide the special transportation services described in detail
by the Statement of Work (Exhibit A). The Contractor agrees to undertake whatever
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SPECIAL TRANSPORTATION AGREEMENT 2007 - 2008 CITY OF WOODBURN
action is necessary to provide such services and to purchase all necessary equipment
required for such services.
2.2 Contractor agrees that no special transportation services will be provided under this
agreement that may require vehicles to go outside the boundaries of the State of
Oregon.
3. PAYMENT.
3.1 Limitation of Funds. The total funds available under this agreement shall not exceed the
sum of the amounts listed in the recitals section on page 1. Contractor assumes all
responsibility for monitoring the services rendered pursuant to this agreement so as to
insure that the value of Contractor's services shall not exceed the total dollars available
for distribution as is stated in the preceding sentence.
3.2 Non-appropriations Clause. District shall not be obligated to make any payments to the
Contractor under this agreement to the extent that District does not obtain sufficient
funding from the Public Transit Division under ORS 391.810, or to the extent funds are
not appropriated by District under the Local Budget Law (ORS 294.305-294.520,
294.555, and 294.565), in which event District may, but shall not be obligated to,
terminate this contract or prorate available and appropriated funds among all providers
of transportation programs and services for the elderly and disabled currently under
agreement with District.
3.3 Payment Terms: The total sum of STF revenues to be distributed by the District to the
Contractor shall not exceed the sum of the amounts listed in the recitals section on page
1. Beginning on or before August 15, 2007 and continuing on or before the 15th day of
each following month, Contractor shall submit a completed monthly Reimbursement
Report for payment to the Specialized Transportation Director. Payment will be made by
the District's Contracting Officer on or before the last day of the submission month. If the
Reimbursement Report is received atter the 15th day of the month or is not complete,
payment will not be processed until the following month. The statement will also describe
the extent and nature of transportation services previously delivered by Contractor
during the calendar month immediately preceding the Contractor's submission of each
monthly report (Monthly Report Exhibit B).
3.3.1 Payments for capital purchases shall be made by reimbursement only, upon
proof of delivery of the capital purchases(s) and presentation to the District
contracting officer of a detailed receipt for the capital item(s).
3.3.2 For monthly operating costs, payments will be made as reimbursement, in
"twelve monthly payments". No single payment will be larger than one-twelfth of
the total STF grant amount (the "monthly limit"), unless the Contractor did not
claim the monthly limit in a previous month(s), in which case the Contractor may
be reimbursed for actual expenses up to the monthly limit plus the amount of
funds that were not claimed up to the monthly limit from the previous month(s).
3.3.3 In the event the Contractor has incurred a lump sum operating cost which
exceeds the monthly limit, the Contractor may request a larger reimbursement.
Such a request must be sent to the District's contracting officer in writing, and
must identify the nature of the cost(s), which cause the request to exceed the
monthly limit. The District's contracting officer may request any further
information necessary to make a determination on how much of the requested
costs beyond the limit, if any, should be reimbursed in any particular month.
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SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
3.3.4 If a request is granted, the STF funds that remain after such reimbursement shall
be divided by the number of months remaining, and the resultant figure will
comprise a new monthly limit for the remainder of the year.
3.3.5 Any funds provided pursuant to this agreement shall be used to reimburse
Contractor for transportation services and projects consistent with OAR 732-005-
0010 through 732-005-0016. Contractor will not be paid for unauthorized
services; claimed services or which have inadequate proof of actual delivery.
3.3.6 The District reserves the right to withhold payment of funds if any documentation
or reporting has not been previously complied with by Contractor, or if there
exists, at the time of a request for payment, any unresolved audit findings.
3.4 Prohibited Expenditures. Except as is expressly provided in this agreement, the District
is not responsible for providing operating capital required to commence or continue the
transportation services agreed to be performed by Contractor. Contractor is entitled to
reimbursements for all costs, both directly and indirectly incurred in connection with
providing the services as budgeted in the attached Exhibit A but, except as is expressly
provided in this agreement, Contractor shall not be entitled to reimbursement of the
following costs or expenses:
3.4.1 Costs resulting from violations of, or failure to comply with, federal, state and
local laws and regulations;
3.4.2 Depreciation of any equipment, machinery, tools, furniture or other property
utilized by Contractor not directly related to the provision of transportation related
in the performance of obligations imposed by this agreement; and
3.4.3 Payments or contributions directed to a candidate for political office or any fund
administered for the purpose of influencing legislative, administrative or other
governmental activity.
3.4.4 Contributions or donations of any other nature to individuals, organizations or
agencies.
3.4.5 Any costs or expenses determined by District to be unallowable pursuant to
standards for allowable costs adopted from time to time by the Oregon
Department of Transportation, Public Transit Section.
4. CONTRACTOR'S WARRANTIES.
4.1 Contractor hereby covenants, represents and warrants to the District as follows:
4.1.1 Contractor has all requisite power and authority to own and operate the assets
required to fully perform and supply the transportation services described by
the attached Exhibit A.
4.1.2 Contractor will, to the maximum extent feasible, coordinate the provision of
services with other transportation providers in their area, and will utilize other
available transportation resources as practicable to minimize STF expenses.
4.1.3 Except as is otherwise expressly disclosed herein, Contractor has paid or will
pay full withholding, social security, unemployment insurance, and workers'
compensation taxes to the state and federal government as may be required
as a result of Contractor's ownership and operation of its business activities.
4.1.4 There are presently no judgments, claims, actions, liens or other proceedings
outstanding against or pending against the assets or Contractor in any court, or
otherwise.
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SPECIAL TRANSPORTATION AGREEMENT 2007 - 2008
CITY OF WOODBURN
4.1.5 If District is required to make direct payment to any of Contractor's creditors for
any liability not expressly assumed herein, District may make such payment
and demand reimbursement thereof from Contractor, or credit such payments
against the next succeeding payment due from District to Contractor. Should
District consider it necessary to pay any creditor of Contractor, District shall first
give Contractor notice in writing of the District's intention to do so, which notice
shall identify the creditor and specify the amount to be paid. Contractor shall
have ten (10) days thereafter to satisfy the creditor's claim and furnish to
District proof of such satisfaction. If Contractor fails to satisfy the claim, District
may make such payment and Contractor shall reimburse District within ten (10)
days after written demand from District, provided, however, that Contractor
may withhold payment of a claim in connection with a good faith dispute over
the obligation to pay, so long as District's interests are not jeopardized. Proof of
any payments made by Contractor shall be furnished to District in the form of a
receipt from the Creditor involved or a canceled check.
4.1.6 Contractor assumes all liability for funds received pursuant to this agreement,
and shall further assume responsibility for repayment to the District of any
expenditures not expressly authorized by this agreement or the attached
exhibits. Upon the receipt of written notice from the District describing the
extent and nature of any non-authorized expenditures, Contractor agrees,
within ten (10) days following the receipt of such notice, to immediately refund
any monies previously received for non-authorized expenditures. When making
repayment to the District, Contractor agrees to use non-STF funds.
4.1.7 Except as otherwise expressly disclosed herein, Contractor has entered into no
subcontract relating to transportation services for the elderly or disabled, and
Contractor has, to the best of Contractor's knowledge, complied with all laws,
rules, and regulations relating to the performance of services under this
agreement.
5. DISTRICT COVENANTS.
5.1 District agrees to administer this agreement, and all other agreements entered into as
part of the District's participation in the STF program, in accordance with the policies
previously or hereafter specifically adopted by the District's Board of Directors.
6. EQUIPMENT.
6.1 Contractor is responsible for the purchase, repair and replacement of all equipment
required for the performance of services under this agreement. No purchase of operating
equipment or furniture will be reimbursed unless specifically authorized in writing by the
District, and unless such expenditure is further included and expressly identified in the
approved budget as evidenced by Exhibit A. In those instances where the purchase of
operating equipment has been ratified and approved in the manner set forth in the
preceding sentence, Contractor agrees as follows:
6.1.1 All equipment purchased under this agreement must be utilized solely for the
purpose of ORS 391.800 through 391.830.
6.1.2 When said equipment is no longer needed or utilized by the Contractor for
elderly and disabled transportation, Contractor agrees to provide the District
written notification of the cessation of elderly and disabled transportation
services within five (5) days following the Contractor's termination of such
transportation activities. Contractor further agrees to refund to the local STF
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SPECIAL TRANSPORTATION AGREEMENT 2001- 2008 CITY OF WOODBURN
fund all net proceeds received from the sale of such equipment, or an amount
equal to the fair market value of said equipment, not later than ninety (90) days
following the date of Contractor's cessation of elderly and disabled special
transportation services. If, at the time of purchase, funds other than STF
program administered funds were used in the purchase of said equipment,
then Contractor shall only be required to refund that portion of sale proceeds,
or fair market value, which represents STF participation in the purchase of
Contractor's equipment.
6.1.3 During the life of equipment with an acquisition cost of $1,000 or more, or until
such equipment is disposed of, the Oregon Public Transit Section requires, and
the Contractor will provide, quarterly reports on such capital purchases.
6.2 Contractor agrees to comply with all reporting and audit obligations imposed by the
Oregon Public Transit Section.
7. FISCAL ACCOUNTABILITY & RECORDS MAINTENANCE.
7.1 Fiscal Accountability. Contractor agrees to prepare and maintain records evidencing the
performance of services under this agreement in accordance with generally accepted
accounting practices. A separate accounting for all receipts and expenditure of STF
funds will at all times be maintained. All expenditures must be made under a previously-
approved detailed budget. Any transfers between budget categories (Personal Services,
Materials & Services, or Capital Outlay) will require prior approval by the Contracting
Officer of the District. The budget will not extend beyond June 30 of any District fiscal
year, and any unobligated budget appropriations will lapse at that time. All costs directly
or indirectly related to this agreement shall be supported by properly executed payrolls,
time records, invoices, contracts, vouchers or other official documentation evidencing in
detail the nature and propriety of all transactions or expenditures. Contractor agrees to
provide the District, as part of Contractor's monthly billing statement, or at such other
times as may be requested by District, monthly financial information detailing the
Contractor's receipt and use of monies received pursuant to this agreement. On or
before the 30th day following the termination of this agreement, Contractor shall identify
and report to the District the prior expenditure of program monies during the agreement
period. Upon the termination of the STF program, Contractor further agrees to cooperate
with all procedures implemented by the District to identify and account for all monies
received or disbursed, and to itemize any outstanding liabilities, if any, which may exist
upon the close of the program.
7.2 Records Maintenance. In addition to the information to be maintained by Contractor for
billing purposes, Contractor shall further maintain and preserve such records and reports
as may be required by the District to assure appropriate performance under the
provisions of this contract, and all records or documents which are required of the District
by any other governmental authority. Where appropriate, the District will provide the
Contractor with all necessary forms to be completed as part of Contractor's reporting
obligations.
7 3 Access to Contractor's Records. At any time during normal business hours, all records,
including, all books of the Contractor's business, and its records, contracts and files,
including client, program and financial records pertaining to this agreement, shall be
available and accessible to the District, the Secretary of State's Office of the State of
Oregon, the Public Transit Section of the Oregon Department of Transportation, or their
duly authorized representatives, for the purpose of audit or examination.
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SPECIAL TRANSPORTATION AGREEMENT 2007 - 2008
CITY OF WOODBURN
7.4 Records Retention. The Contractor shall retain all documents pertaining to this
agreement (fiscal, program and administrative) for a minimum period of three (3) years
following the termination of this agreement. If, during such three-year period, litigation is
commenced for the purpose of enforcing the obligations arising out of this agreement or
the administration of the STF program, Contractor agrees to retain all documents until
the final completion of such litigation. Contractor further agrees to retain all documents
until the final completion of any audit or examination of its activities. The documents to
be retained by Contractor include, but are not limited to, financial records, client records
and all personnel records. Upon the termination of this agreement, or in the event that
Contractor ceases to be a provider of STF services, Contractor agrees, upon its receipt
of a written request, to provide the District all documents, or copies of such documents,
related to the services provided by Contractor under this agreement.
8. PROGRAM INCOME.
8.1 Donations. The District encourages the Contractor to seek voluntary donations, or to
seek other payment from the recipients of transportation services to be applied toward
the costs of transportation services. Any funds received from or in behalf of
transportation service recipients are considered program income and shall be utilized by
Contractor to offset the cost of providing services pursuant to this agreement. Contractor
shall undertake whatever steps are necessary to insure the protection of the privacy of
each person with respect to his or her contribution. While Contractor is encouraged to
seek contributions to be applied toward the cost of administering this transportation
program, Contractor acknowledges and warrants that no qualified individual will be
denied transportation services merely because the individual is unable or unwilling to
make a voluntary donation. Contractor agrees to report any receipt or expenditure of
program income on a first in, first out basis, and all expenditures received by Contractor
as program income will be deducted from the Contractor's monthly billing statement.
8.2 All Other Donations. All other donations received for specified purposes shall be used by
the Contractor for those specified purposes.
9. AUDITS & EXAMINATIONS.
9.1 Contractor agrees to authorize, and procure an annual, independent financial audit or
review to be performed by individuals licensed as certified public accountants by the
Oregon Board of Accountancy, and who are independent of the Contractor's
management. The following steps shall be taken as part of the annual audit or
examination of Contractor's activities:
9.1.1 The audit/review report should contain a statement of all receipts and
disbursements and such report shall further identify all relevant funding
sources, including program income, and identify all other documents, books or
records, which support the final fiscal report.
9.1.2 The audit/review shall cover the Contractor's fiscal year and any other period
during which the Contractor provided services pursuant to the terms of this
agreement.
9.1.3 One (1) copy of the published audit/review report or Letter of Assurance from
the Contractor's auditor shall be submitted to the District not later than one
hundred eighty (180) days following the end of Contractor's fiscal year.
9.1.4 Contractor assumes full responsibility for payment of all audit/review costs and
such costs are a reimbursable expense pursuant to this agreement.
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SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
9.1.5 Contractors who are otherwise subject to the reporting and examination
requirements of ORS 297.405 through 297.740, "Municipal Audit Law," may
incorporate the audit requirements imposed by this agreement into a single
audit report.
9.2 Correction of Errors or Deficiencies. Contractor assumes all responsibility for the
resolution and correction of any adverse audiUreview comments. If, in the opinion of the
District, a revised, supplemental audit examination report is required to demonstrate the
Contractor's prior correction of audit findings, Contractor agrees to undertake whatever
effort or expense is required to provide the District with such a supplemental report.
10. INSURANCE.
10.1 Prior to commencement of any work pursuant to this agreement, Contractor shall
procure and maintain in full force and effect during the performance of any services
hereunder:
10.1.1 Automobile Liability Insurance with a combined single limit of not less than
$1,000,000 each occurrence for Bodily Injury and Property Damage, including
coverage for owned, hired or non-owned vehicles, as applicable;
10.1.2 General Liability Insurance with a combined single limit of not less than
$1,000,000 each claim, incident or occurrence. It shall include contractual
liability coverage for the indemnity provided under this contract, and shall
provide that City of Woodburn and its divisions, officers and employees are
Additional Insured but only with respect to Contractors services to be provided
under this contract.
10.1.3 Assumed contractual liability insurance for obligations assumed by Contractor
under Paragraph 11 of this agreement.
10.1.4 The Contractor, its subcontractors, if any and all employees working under this
agreement are subject employees under the Oregon Workers' Compensation
Law and shall comply with ORS 656.017, which requires them to provide
Workers' Compensation coverage for all their subject workers.
10.1.5 All contracts of insurance, with the exception of Workers' Compensation
coverage, procured by Contractor shall include the District as an additional
named insured.
10.1.6 All policies must have a thirty (30) day notice of any material changes,
cancellation or non-renewal, unless otherwise agreed to, in writing, by the
Contracting Officer.
10.1.7 Contractor shall provide the District with written documentation of insurance
coverage's in the form of a Certificate of Insurance not later than twenty-one
(21) days following the effective date of this agreement. Such certificate must
also be provided as insurance coverage is renewed during the course of the
contract. Upon the Contractor's failure to deliver such written documentation of
insurance coverage, the District may suspend, pending receipt of such
documentation, further payments under this agreement.
10.1.8 In the event a public body contractor is wholly or partially self-insured, it is
agreed that Certificates of Self-Insurance or other satisfactory evidence of the
governmental body's self-insurance program shall be accepted in lieu of the
Certificate of Insurance required under the above provisions.
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SPECIAL TRANSPORTATION AGREEMENT 2007 - 2008
CITY OF WOODBURN
10.1.9 Upon the expiration of any insurance coverage specified above, the District, at
its option, would be excused from any further obligation or duty under this
agreement.
11. INDEMNIFICATION.
11.1 Contractor shall defend (with legal counsel acceptable to the District), indemnify and hold
harmless the District, the Public Transit Section of the Oregon Department of
Transportation, and their officers, agents, employees, special transportation advisory
committee, and members against all claims, suits, actions of whatsoever nature resulting
from or arising out of the activities of Contractor or its subcontractors, agents or
employees under this Agreement. Contractor shall not be required to indemnify any
party for any such liability arising out of negligent acts or omissions of that party, its
employees, or representatives. This provision is subject to the limitations, if applicable,
set forth in Article XI, Section 10 of the Oregon Constitution and in the Oregon Tort
Claims Act, ORS 20.260 to 30.300. Contractor shall pay any costs that may be incurred
by the District in enforcing this indemnity provision, including a reasonable attorney's fee.
11.2 Notice of Claims. The Contractor shall immediately notify the District in writing of any
action, suit or proceeding filed against Contractor in any court or before any regulatory or
administrative body. Contractor shall also give prompt notice of any claim made against
the Contractor by any federal, state or local agency, subcontractor, vendor, client, or
other party, which may result in litigation related in any way to this agreement. Contractor
shall also notify the District immediately of its intent to file for protection under the
Federal Bankruptcy Act, or to make any filing under the Federal Bankruptcy Act.
12. INDEPENDENT CONTRACTOR STATUS.
12.1 The parties acknowledge that Contractor is an independent contractor and neither
Contractor nor Contractor's employees shall in any way be deemed employees of the
District. Contractor shall have complete charge of the performance of services, with full
direction and control of Contractor's employees and with responsibility for their
compensation, hiring and discharge. Contractor shall be liable for the acts and omissions
of Contractor's agents and employees. Contractor shall pay all payroll taxes, workers
compensation insurance, unemployment insurance and other expenses connected with
Contractor's employees.
13. PERMITS & LICENSES.
13.1 Contractor shall obtain at its own expense all necessary permits, licenses or other public
authority required in connection with the performance of services under this agreement,
and shall comply with all federal, state, county and municipal laws, ordinances, rules and
regulations pertaining to the performance of transportation services.
14. SAFETY.
14.1 Contractor shall be responsible for the safety of all services performed pursuant to this
agreement, and shall maintain all necessary protection and precautions for that purpose,
shall comply with all laws and regulations affecting health and safety, and shall
immediately remedy any citation for violation of such laws and regulations, and shall
defend and hold the District harmless from any penalty, fine or liability in connection
therewith.
14.2 Contractor shall establish, maintain and enforce policies and procedures governing
minimum operating standards for vehicles, drivers and services provided under this
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SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
agreement. Contractor's policies and procedures shall be subject to approval by the
District. Contractor shall provide the District with a copy of Contractor's policies and
procedures prior to beginning services under this agreement and prior to any change to
Contractor's polices and procedures.
15. DRIVER CRIMINAL AND DMV BACKGROUND CHECK.
15.1 Drivers and applicants must be pre-qualified by the District prior to performing service for
the project. Drivers for District providers will be subject to finger printing and a criminal
records check as required by ORS 181.537.
15.2 Pre-qualification includes but is not limited to:
15.2.1 A fingerprint background records check and DMV record check. The District
will process driver personal history information, fingerprint criminal
background checks and Department of Motor Vehicle checks. Fingerprint
criminal background checks will be processed in accordance with the
procedures outlined in Exhibit C. Driver or employee must have a good
driving record as reported on a five (5) year driving record printout from the
Dept. of Motor Vehicles (DMV). It will be the contractor's responsibility to
provide an original, DMV court certified three (3) year driving record printout
(original & no older than thirty (30) days) to be submitted to the District at the
time of fingerprinting. If the applicant has resided in Oregon less than five (5)
years, they are responsible for providing the District with a copy of their driving
record from every state of residence in the past five (5) years.
15.2.2 Drivers will be qualified based on results of the fingerprint background check
and DMV check. The District will notify the Contractor in writing of the driver's
status. No driver will qualify to provide service without the District's written
authorization. The District at its sole discretion may determine which drivers
are qualified to provide the project service. Drivers should have no criminal
convictions, which may, in the sole judgment of the District, render the
applicant unsuitable or unfit for employment in a position that is responsible for
providing transportation services.
15.3 Contractor must inform all drivers and applicants for driving positions under this program
that their ability to drive under this program is subject to a successful criminal background
check as determined by the District.
15.4 Driver qualifications include but are not limited to:
15.4.1 Each driver shall possess a valid Oregon or Washington Driver's License for
the class of vehicle operated and shall be trained in the proper operation of the
vehicle and its accessories.
15.4.2 The District will request a five (5) years driving record from DMV.
Disqualification will result if a driving record reflects the following:
(a) A suspension for moving violation(s) unless three (3) years have elapsed
since the end of said suspension and driver has had no moving traffic
violations during said three (3) years.
(b) More than two (2) violations in a three (3) year period.
(c) More than five (5) violations or accidents of any kind in a three (3) year
period.
(d) A serious violation in the past ten (10) year, such as, but not limited to:
9
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
reckless driving, driving under the influence of drugs or alcohol, illegal
possession of drugs or alcohol, motor vehicle used in manufacturing,
distributing, or dispensing controlled substances, hit and run, assault,
criminal mischief, reckless driving, careless driving, negligence, violation
of a motor vehicle law resulting in bodily injury, driving with suspended
license.
15.5 Criminal offenses that affect driver qualification are convictions for crimes against
public safety, property or life. In determining driver qualification, the District or its
designee will consider:
15.5.1 The nature of the crime.
15.5.2 The facts that support the conviction or pending indictment or that indicate a
false statement.
15.5.3 The relevancy of the crime or false statement to the position requirements.
15.5.4 Intervening circumstances which are relevant to the responsibilities and
circumstances of the position (examples include the passage of time, age at
time of conviction, restitution, likelihood of recurrence, subsequent conviction
of another relevant crime, or an employer's recommendation)
15.6 For offenses against property, offenses involving fraud and deception, and offenses
involving controlled substances, illegal drug cleanup, paraphernalia or precursors, the
General Manager may consider mitigating circumstances or other information in
making exceptions to the general guidelines set forth in Exhibit C.
16. ASSIGNMENT.
16.1 Contractor shall not assign, whether voluntarily or involuntarily, or by operation of law,
this agreement, or any interest therein, or subcontract any portion of the services without
the prior written consent of the District. If this provision of the agreement is violated, the
District, in addition to all other rights the District may then have, may terminate this
agreement without advance notice, and in such event Contractor shall have recovery
only for services performed prior to termination, waiving all other claims.
17. COMPLIANCE WITH LAWS.
17.1 Contractor shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. Contractor shall take affirmative
action to insure that applicants are employed and that employees are treated during
employment, without regard to their race, color, religion, sex, or national origin.
17.2 Contractor shall comply with all of the provisions of ORS 391.800 through 391.830 and
regulations adopted from time to time there under and any other statutes, rules, orders
and policies relating to the Elderly and Disabled Special Transportation Grant program.
17.3 This agreement is based upon and is subject to Oregon Revised Statutes, Oregon
Administrative Rules, and Federal Transit Administrative regulations as contained in
ORS 323.455, ORS 391.800 through 391.830 and FTA Circular 9040.1 D and 5010.1 B.
From time to time these laws, rules and regulations may be amended. The District
reserves the right to amend this Agreement if it is affected. The District will provide thirty
days notice of impending changes and will prepare a supplemental Agreement
incorporating the changes to be executed by the parties to this Agreement.
18. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS.
18.1 Applicability to Contracts. The Transit Employee Protective Provisions apply to each
10
SPECIAL TRANSPORTATION AGREEMENT 2007 - 2008 CITY OF WOODBURN
contract for transit operations performed by employees of a Contractor recognized by
FT A to be a transit operator. (Because transit operations involve many activities apart
from directly driving or operating transit vehicles, FTA determines which activities
constitute transit "operations" for purposes of this clause.)
18.2 The Contractor agrees to comply with applicable transit employee protective
requirements as follows:
(a) General Transit Employee Protective Requirements - To the extent that
FTA determines that transit operations are involved, the Contractor
agrees to carry out the transit operations work on the underlying
contract in compliance with terms and conditions determined by the
U.S. Secretary of Labor to be fair and equitable to protect the interests
of employees employed under this contract and to meet the employee
protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL
guidelines at 29 C.F.R. Part 215, and any amendments thereto. These
terms and conditions are identified in the letter of certification from the
U.S. DOL to FTA applicable to the FTA Recipient's project from which
Federal assistance is provided to support work on the underlying
contract. The Contractor agrees to carry out that work in compliance
with the conditions stated in that U.S. DOL letter. The requirements of
this subsection (1), however, do not apply to any contract financed with
Federal assistance provided by FTA either for projects for elderly
individuals and individuals with disabilities authorized by 49 U.S.C. ~
5310(a)(2), or for projects for non-urbanized areas authorized by 49
U.S.C. ~ 5311. Alternate provisions for those projects are set forth in
subsections (b) and (c) of this clause.
(b) Transit Employee Protective Requirements for Projects Authorized by
49 U.S.C.
~ 5310(a)(2) for Elderly Individuals and Individuals with Disabilities If
the contract involves transit operations financed in whole or in part with
Federal assistance authorized by 49 U.S.C. ~531 0(a)(2), and if the
U.S. Secretary of Transportation has determined or determines in fife
future that the employee protective requirements of 49 U.S.C. ~
5333(b) are necessary or appropriate for the state and the public body
sub-recipient for which work is performed on the underlying contract,
the Contractor agrees to carry out the Project in compliance with the
terms and conditions determined by the U.S. Secretary of Labor to
meet the requirements of 49 U.S.C. ~5333(b), U.S. DOL guidelines at
29 C.F.R. Part 215, and any amendments thereto. These terms and
conditions are identified in the U.S. DOL's letter of certification to FTA,
the date of which is set forth Grant Agreement or Cooperative
Agreement with the state. The Contractor agrees to perform transit
operations in connection with the underlying contract in compliance
with the conditions stated in that U.S. DOL letter.
(c) Transit Employee Protective Requirements for Projects Authorized by
49 U.S.C.
~ 5311 in Non-urbanized Areas - If the contract involves transit
operations financed in whole or in part with Federal assistance
authorized by 49 U.S.C. ~ 5311, the Contractor agrees to comply with
11
SPECIAL TRANSPORTATION AGREEMENT 2007 - 2008
CITY OF WOODBURN
the terms and conditions of the Special Warranty for the Non-urbanized
Area Program agreed to by the U.S. Secretaries of Transportation and
Labor, dated May 31, 1979, and the procedures implemented by U.S.
DOL or any revision thereto.
18.2.1 The Contractor also agrees to include the any applicable requirements in
each subcontract involving transit operations financed in whole or in part
with Federal assistance provided by FT A.
19. ORS COMPLIANCE.
19.1 In performing its obligations under this Agreement, the Contractor agrees to comply
with all applicable state laws including, without limitation, ORS 2798.200-2798.240
and 279C.540, each of which is incorporated herein by reference.
20. TERMINATION.
20.1 This agreement shall be effective as of the date first written above and shall continue
until June 30, 2008; provided, however, that either party shall have the right, at any time,
to terminate or suspend further performance by providing the other party thirty (30) days
advance notice of its intention to do so. Upon termination, any unexpended budget
appropriations will lapse, and the funds will be retained in the local STF program.
20.2 This agreement may be terminated at any time, with or without advance notice, due to
the non-availability of funds from STF. The District assumes no obligation to provide the
full amount budgeted in this agreement if STF program revenues are less than
previously anticipated.
20.3 The District by written notice of default (including breach of contract) to the Contractor
may terminate at any time the whole or any part of this agreement:
20.3.1 If the Contractor fails to provide services called for by this agreement within the
time specified herein or any extension thereof; or
20.3.2 If the Contractor fails to perform any of the other provisions of this agreement,
or so fails to pursue the services as to endanger performance of this
agreement in accordance with its terms, and after receipt of written notice from
the District, fails to correct such failures within ten (10) days or such longer
period as the District may authorize.
20.3.3 If any license or certificate required by law or regulation to be held by the
Contractor to provide the services required by this agreement is for any reason
denied, revoked, or not renewed.
20.4 The rights and remedies of the District provided in the above clause related to defaults
(including breach of contract) by the Contractor shall not be exclusive and are in addition
to any other rights and remedies provided by law or under this agreement.
21. WAIVER.
21.1 No waiver of any provision of this agreement shall be deemed, or shall constitute, a
waiver of any other provision, whether or not similar, or shall any waiver constitute a
continuing waiver. No waiver shall be binding unless executed in writing by the party
making the waiver.
12
SPECIAL TRANSPORT A liON AGREEMENT 2001 - 2008
CITY OF WOODBURN
22.1 Any notice under this agreement shall be in writing and shall be effective when actually
delivered or when deposited in the mail, registered or certified, addressed to the parties
at the following addresses:
CONTRACTOR: DISTRICT
Randy Rohman Allan Pollock
City of Woodburn General Manager
270 Montgomery St. Salem Area Mass Transit District
Woodburn, OR 97071-4730 555 Court St NE, Suite 5230
Salem, OR 97301
or at such other addresses as either party may designate by written notice to the other.
23. DISPUTE RESOLUTION.
23.1 All disputes concerning the interpretation of this agreement, or the rights and obligations
arising from the parties' prior execution of this agreement, shall first be referred for
resolution to the individual designated by the District as the "Contracting Officer." If, upon
referral of a dispute to the Contracting Officer, a mutually satisfactory solution cannot be
achieved, the dispute shall then be referred to mediation before the District's General
Manager. If, following mediation, a solution satisfactory to both parties has not been
reached, the dispute shall then be referred to the District's agreement review board
(hereinafter "Board of Directors"). The Board of Directors shall render a final decision
regarding any dispute between the parties. Pending a final decision by the Board of
Directors, Contractor shall proceed without delay with any performance prescribed by
the order of the Contracting Officer.
23.2 In connection with any proceeding conducted pursuant to this provision, the Contractor
and District shall be afforded an opportunity to be heard and to offer evidence in support
of their respective positions.
23.3 The dispute resolution procedure outlined above shall not affect any party's right to
terminate this agreement pursuant to paragraph 20, or to pursue any other available
legal remedy.
24. SEVERABILITY.
24.1 If in any judicial proceeding a court shall refuse to enforce any provision of this
agreement, any unenforceable provision shall be deemed eliminated from this
agreement for purposes of such proceeding only to the extent necessary to permit the
remainder of the agreement to be enforced in such proceeding.
25. PRIOR AGREEMENTS.
25.1 This agreement is the entire agreement between the parties pertaining to its subject
matter and supersedes all prior agreements, representations, and understandings of the
parties. No supplement, modification, or amendment of this agreement shall be binding
unless executed in writing by all parties.
26. JURISDICTION.
26.1 The jurisdiction of any suit or action instituted in connection with any controversy arising
out of this agreement shall be limited to the State of Oregon.
27. GOVERNING LAW.
13
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
27.1 This agreement shall be governed by and construed in accordance with the laws of the
State of Oregon.
28. ATTORNEY FEES.
28.1 In the event of suit or action to enforce the rights of either Contractor or District, the court
may allow a reasonable attorney's fee to the prevailing party of the suit or action, or
appeal there from.
29. EXHIBITS.
29.1 All exhibits referred to in this agreement are incorporated and made a part of this
agreement.
30. COUNTERPARTS.
30.1 This agreement may be executed in two (2) or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument.
31. COMPLIANCE WITH TAX LAWS
31.1 ORS 305.385(6) states: No contract or other agreement for the purpose of providing
goods, services or real estate space to any agency shall be entered into, renewed or
extended with any person, unless the person certifies in writing under penalty of perjury,
that the person is, to the best of the person's knowledge, not in violation of any tax laws
described in ORS 305.380(4).
31.2 By signature on this contract, Contractor hereby swears/affirms, under penalty of pe~ury
as provided in ORS 350.385(6) that to the best of Contractor's knowledge Contractor is
not in violation of any of the tax laws described in ORS 305.380(4).
32. PERFORMANCE MEASURES
32.1 Contractor will maintain a 90% on-time performance rate as measured through driver
manifests on a quarterly basis.
32.2 Contractor will ensure there are no more than two (2) missed trips per quarter.
32.3 Contractor will ensure that passengers with unscheduled return trips (will calls) are
transported within thirty (30) minutes from receiving the request.
32.4 Failure to comply with any of the foregoing performance measures may result in
termination this agreement, requiring Contractor to comply with a corrective action plan
prepared by the District, or other measures or remedies available to the District at law or
in equity.
14
SPECIAL TRANSPORTATION AGREEMENT 2007 - 2008
CITY OF WOODBURN
IN WITNESS WHEREOF, the parties have executed this agreement in duplicate, effective on the
date first written above.
CONTRACTOR:
CITY OF WOODBURN
~
BY~'
Signature
John C. Brown, City Administrator
Name & Title
DISTRICT:
SALEM AREA MASS TRANSIT DISTRICT
BY~~~
Allan Pollock, General Manager
LEGAL COUNSEL:
By: ~~1
Ben C. Fetherston, Jr., Attorney
ATTACHMENTS
EXHI BIT A - Statement of Work
EXHIBIT B - Monthly Reimbursement Report
EXHIBIT C - General Guidelines for Crimes Affecting Fitness for Driver Qualifications
EXHIBIT 0 - Oregon Revised Statutes 391.800 to 391.830
EXHIBIT E - Oregon Administrative Rules 732-05-000 to 732-10-045
15
SPECIAL TRANSPORTATION AGREEMENT 2007 - 2008
CITY OF WOODBURN
EXHIBIT A
SCOPE OF WORK
The purpose of this Agreement is to provide and continue funding for the City of Woodburn
to operate the following project:
Provide Dial-A-Ride transportation services to the residents of the City of Woodburn. The
Dial-A-Ride program provides transportation to elderly and disabled individuals for any
purpose within the Woodburn city limits.
The grant offered by ODOT through this Agreement is for the purchase of transportation
services under a contract, lease, or other arrangement. Purchased service is defined as
"capital" for the purposes of the 49 USC ~ 5310 program, as described in Circular
9070.1 E. Generally accepted accounting principles and the City of Woodburn's accounting
system determine those costs that are to be accounted for as operating costs. The City of
Woodburn may not count the same costs twice if they have multiple agreements for which
these costs may be eligible. The service provider may use capital equipment funded from
USDOT- or State-source grants when performing services rendered through a contract
funded by this Agreement. Depreciation of capital equipment funded from USDOT- or
State-source grants is not an eligible expense.
Service Desian
The service purchased under this agreement, e.g., schedule, days, hours and service type
(demand responsive, fixed route or other) will be designed to meet the needs of the elderly
and people with disabilities as determined by the City of Woodburn in consultation with the
District, the affected community members and stakeholders identified by the District and
the City of Woodburn.
The Paratransit van service will provides door-to-door service to the general elderly and
disabled population of the city. Forty hours of weekly service is provided which is the
same as the fixed route bus - Monday through Friday from 9 a.m. to 5 p.m. This service
provides the Americans with Disabilities (ADA) complementary Paratransit service that is
required of the city because of the fixed route bus service provided. The city will also
provide this service to the general elderly.
A volunteer driver service provides transportation for residents to medically related
appointments from Salem to Portland and occasionally beyond. The program currently
uses primarily volunteers who are seniors themselves and work under the city's Retired
Senior Volunteer Program (RSVP).
Contractor will coordinate services offered to the general public in the regional area to
enhance regional services and to avoid duplication of services.
16
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
Service Goals and Reportina
Overall, the success of the service will be measured by the use of the service, specifically
by the numbers of elderly and disabled passenger trips. The primary goal of the project is
to sustain current service levels and to increase the number of passengers who are elderly
and disabled passengers over the term of this Agreement.
1 . The City of Woodburn will maintain current Dial-A-Ride service from FY 2006-07 to
FY 2007-08.
2. The number of seniors and people with disabilities using the dial-a-ride service will
increase by a minimum of a 3% annually. This goal will be achieved by providing
services specifically designed to meet the needs of the seniors and people with
disabilities residing in the City of Woodburn.
In addition to reporting the data outlined in the monthly report, contractor will report on the
service design and progress toward achieving the service goals in each report and
reimbursement request submitted to the District. The City of Woodburn will inform the
District if there is a change in the service funded by this Contract.
Payment and Budaet
Contractor will report to the District the actual cost of service provided within the payment
period, based on verifiable records.
City of Woodburn FY 2007 -08 TOTAL
i Administration
Operations - Dial-A-Ride service $25,000 $25,000
Total STF Grant award for FY 2007-08 $25,000
1---
17
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
PROVIDER: City of Woodburn
Project Name: CITY OF WOODBURN
Project Manager: RANDALL ROHMAN
Mailing Address: 210 MONTGOMERY STREET
WOODBURN, OR 91011
Telephone Number: 503-982-5245
Section 1
Operating Statistics
Month that reporting period covers:
Days operated in reporting period:
Weekdays:
Weekend Days:
Vehicle service miles
this month?
Vehicle revenue miles
this month?
Volunteer Miles
this month?
Monthly Report - #108
Vehicle service
hours this month?
Vehicle revenue
hours this month?
Volunteer Hours
this month?
Disabled Clients:
Senior Citizens:
How many one-way trips did you provide the past month?
General Public:
Children 1:
How many unduplicated clients did you provide service in the past month?
How many of the above trips were subcontracted?
How many trips did you turn down during the reporting period?
How many trips did you cancel during the reporting period?
How many "no-shows" did you record the past month?
1 General public passengers who are less than 19 years of age.
18
SPECIAL TRANSPORTATION AGREEMENT 2001 - 2008
Exhibit B
Total:
CITY OF WOODBURN
Section 2 Administrative Expenses
ADMINISTRATIVE EXPENSES
Salary & Fringe Benefits:
Executive Director
Fiscal Officer
Administrative Assistant
Program Manager
Secretary/Clerical
Fringe Benefits
Rent/Leases:
Facility
Office Equipment
Ove rhea d/Uti Iitiesl Ja n ito ria I:
Telephone
Facility Maintenance
Administrative Employee Training:
Travel
Training
Marketing/Public Involvement:
Advertising
Professional Services
Printing
Contract Services:
Legal
Audit
Other Professional Services
Admin Drug/Alcohol Testing:
Drug Testing
Other Admin Expenses:
Mileage Reimbursement
Postage
Office Supplies
Miscellaneous Expenses
Total Administrative Expenses
Approved Budget
Expenses
$
$
19
SPECIAL TRANSPORTATION AGREEMENT 2007 - 2008
Current Month
Expenses
$
$
Year-to-Date
Expenses
$
$
CITY OF WOODBURN
Approved Current Month Year-to-Date
Section 3 Operation Expenses Expenses Expenses Expenses
Salary/Fringe Benefits
DispatchlTransit Coordinator Personnel $ $ $
Paid Drivers
Volunteer Drivers
Maintenance Personnel
Fringe Benefits
Operations Employee Training:
Travel
Training
Vehicle Maintenance:
Tires
Fuel and Oil
Spare parts
Transit Service Contracts
Transit Vehicle Maintenance Contract
Vehicle Insurance
Other Operating Expenses:
License/F ees
Volunteer Reimbursement
Uniforms
Total Operating Expenses $ $ $
Section 4 Capital Expenses
Vehicle Purchase/Rehabilitation
Capital Reserve Account
Vehicle Lease
Total Capital Expenses $ $ $
Section 5: Planning Expenses
Administrative (Agency Expenses)
Consultant Expenses
Total Planning Expenses $ $ $
TOT AL OPERATING EXPENSES $ $ $
TOTAL ADMINISTRATIVE EXPENSES $ $ $
TOT AL PROGRAM BUDGET $ $ $
20
SPECIAL TRANSPORTATION AGREEMENT 2007 - 2008
CITY OF WOODBURN
Section 6 Program Revenues
1. Federally Generated Revenue
Section 3037 (Job Access)
Section 5307
Section 5309
Section 5310
Section 5311
STP Surface Transportation Program
OMAQ-Congestion MIl. Air Quality
OTIS-OR Transportation Infrastructure
Other:
2. State Generated Revenue
STG-Special Transportation Grant
Other State Grant Awards: (List)
3. Locally Generated Revenue
Foundations/Donations
In-Lieu/General Fund
STF Special Transportation Fund
Local Taxes and Fees
Interest Earnings
Advertising
Package Delivery
Service Contract Revenue: (list)
4. Operating Revenue
F are Box
Charter Sus Revenue
Special Service Revenue
5. Capital Related Revenue
Sale-Surplus Vehicles/EquipmenUFacilities
Approved
Revenue
$
21
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
Current Month
Revenue
$
Year-to-Date
Revenue
$
CITY OF WOODBURN
Section 6: Program Revenues
(continued)
6. Non-Cash Contributions
Non-Cash Contributions: (List)
Value of Volunteer Services: (List)
Value of Services or Supplies: (List)
Value of Admin Overhead: (List)
TOTAL PROGRAM REVENUES
Approved
Revenue
$
22
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
Current Month
Revenue
$
Year-to-Date
Revenue
$
CITY OF WOODBURN
Section 1 Program Reimbursement Request
CURRENT
MONTH
YEAR- TO-DATE
1) Total Administrative Expenses (Section 2)
$
$
2) Total Operating Expenses (Section 3)
$
$
3) Total Capital Expenses (Section 4)
$
$
4) Gross Program Budget (Section 5)
$
$
5) Total Program Revenues (Section 6)
$
$
6) Net Program Expenditures
$
$
7) STF Formula Reimbursement Request
$
$
This program is eligible to receive "STF Formula" funds in an amount equal to or less than, but not
to exceed 21.3% of the Gross Program Expenditures or $2,083.33 per month, which is 1/1ih of
$25,000 for operating expenses for which is the total STF funding for FY 2007-2008
The above information is true and accurate to the best of my knowledge.
Signed:
Date:
Specialized Transportation Division:
Signed:
Date:
INTERNAL CONTROL
GRANT FUND NUMBER
Line 7
23
SPECIAL TRANSPORTATION AGREEMENT 2007 - 2008
CITY OF WOODBURN
.',"_ ," 1iI(>'.~':,."...',...,~, ~("....:,.......;,. L...;,..J,\', ;,;;.;
General Guidelines
Crimes Affecting Fitness for Driver Qualification
,:~,~',...<r~'_' .,,"r' '~.1.;_:; .;.:~'" -<,.,; "'-';",;_.;;...;), ~.:,:,-"
Type of Offense*
Class of Offense
" ", !:-:J',', ~ .... ""-, ,'~' ~.'., ",U'. .",..,
Offenses against persons
Felony
Misdemeanor
Offenses against property
Felony
Misdemeanor
Offenses involving fraud or deception
Felony
Misdemeanor
Offenses against public order; firearms and other
weapons; racketeering
Felony
Misdemeanor
Offenses against public health, decency, and
animals
Felony
Misdemeanor
Offenses involving controlled substances, illegal
drug cleanup, paraphernalia, precursors**
Felony
Misdemeanor
EXHIBIT C
.. _~"l'" ,,;.w;', ..,I' ;'.'-' .""i...._~, .' ,r" ,;;' .'~':.:,;;,;Ii!-'"'"''fll..iij. .,..,'......,... ~', "l\<~
~
i
,",,'''~''H'''' ". '^~""'''''I
Time Frame to I
Consider !
> " .';"J2.,"'C, t.O<I.It<. ~:,~,>, "''';J'''';;~
~
~
~
~
~
/ I
I
Forever
10 years
20 years
5 years
15 years
5 years
15 years
5 years
15 years
10 years
15 years
10 years
i
1
* Any offense committed with a weapon or which results in serious injury to any person shall
be considered forever.
** Consideration of crimes involving drugs shall include an appropriate current risk
assessment, prior treatment, proof of recovery from an established and proven disability,
and confidence of the decision maker based on the totality of information received that the
applicant has no current connection with illegal controlled substances and drug activity.
The burden of establishing absence of risk factors is on the subject individuals.
APPEAL PROCEDURE
An applicant who has been denied qualification to drive based on criminal record has the right to
appeal. The affected individual may challenge the accuracy or completeness of a report or you
may appeal the District's decision.
If the affected individual believes that criminal offender information is inaccurate or incomplete, the
affected individual must request a review with the source of the information:
24
SPECIAL TRANSPORTATION AGREEMENT 2007 - 2008
CITY OF WOODBURN
------------------------------------------
Oregon State Police OSP procedures adopted under ORS 181.555(3) give the
individual the right to inspect, challenge and correct his own criminal offender
information. A written request for review, with proof of identity (name, date of birth, and
rolled ink fingerprints) is required within 15 calendar days. Mail or deliver the request
to:
Oregon State Police
Identification Services Section
3772 Portland Road, NE
Salem, OR 97303
The OSP division and the person will have a pre-hearing meeting to review information
and determine the need for a hearing.
Federal Bureau of Investigation Under federal law, an individual can challenge the
report, but cannot review or obtain a copy of the actual FBI record. To challenge the
accuracy or completeness of any entry obtained from an FBI criminal records check, file a
challenge with:
Assistant Director
FBI Identification Division
Washington I DC 20537-9700
----------------------------------------
APPEAL THE DECISION
The appeal process allows an applicant to gather additional information that will help the District
determine whether the disqualification based on a criminal records check should stand
A written appeal affords an applicant a reasonable opportunity to present relevant information,
evidence, and supporting statements. An applicant has ten (10) days from the date of receiving
your disqualification letter to submit an appeal. Failure to submit a written appeal constitutes
waiver of the right to an appeal.
Guidelines for appeals under the criminal records policy are as follows:
25
SPECIAL TRANSPORTATION AGREEMENT 2007 - 2008
CITY OF WOODBURN
..., .j/".:',
)",,"~,.,.t:..:",i t'c.,'~'/;':i~~;:""'.';', ' "_...f:.:....':S.fi:.t..~'t
';.+ ;",;,.( '" S",'~l ;f; I~.!,~.. ,>:~;~; t:~; 8;' :~i >P.1.~;Ki'
Guidelines for Written Appeal of an Ineligible Determination
based upon Criminal Records History
If you believe that a denial of driver qualification based upon a criminal record check
warrants reconsideration, you have the right to appeal. Your packet includes
guidelines and the Appeal Form.
INSTRUCTIONS AND PROCESS
ct> An appeal will be in writing from either the applicant or the Contractor and will
contain the name of the person requesting reconsideration, a statement of the
reason(s) why it is believed that a disqualification is invalid, and the signature of
the requester.
You may attach documents and other evidence to be included with the record
and considered in deciding the appeal.
<I> Submit the written appeal and supporting documents within ten calendar days
after receiving written notice of disqualification to the District's Human
Resources Director. If an appeal is not filed within ten calendar days, the
applicant has waived the right of appeal.
<I> The appeal and supporting documents are sent to the Human Resources
Director (hereinafter "Hearings Officer").
<I> The Hearings Officer reviews the appeal and any supporting evidence,
researches the incident if necessary, and interprets the conviction designation &
level. The Hearings Officer may also conduct a hearing, if requested, to afford
the person a reasonable opportunity to present witnesses and other evidence.
ct> The Hearings Officer will render a written decision that shall be final if adopted
and approved by the General Manager.
ct> The Hearings Officer conveys the General Manager's decision to the Contractor
who conveys the decision to the applicant.
The District will keep a record of the appeal, findings, and final decision.
GUIDELINES
These guidelines govern issues, evidence, and documents:
cP The primary issue is fitness for employment, or qualification, as prescribed and
intended by ORS 267.237. The balance of the evidence must weigh in favor of
protecting our customers, many of who are vulnerable Oregonians.
<P We also afford due process under the law and will be attentive to:
~ Circumstances surrounding the crime
~ Relevance of the crime to the position
~ Intervening time and behavior
~ Supporting statements and documents
26
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
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Appeal Form
Your Name:
Employer Name:
Date of Conviction: Crime and Class of Offense (felony, misdemeanor): State Where
Convicted:
. . .
Description of your sentence (jail time, fme, probation, community service)
(Add another sheet ifthere is more than one conviction.)
In re-evaluating fitness for driver qualification, the District will consider:
. the criminal history check (see Criminal Offenses that Affect Qualification in this packet)
. the nature and circumstances of the crime
. the facts that support the conviction or pending indictment
. intervening circumstances since the crime (for example, work history, training, education, restitution)
. the relevancy, if any, of each crime to the job, position, or license
. the likelihood of the crime being repeated
. time since conviction
. employer (or other) recommendations
In preparing your appeal, consider whether any of the items listed above apply to you, explain them in your
comments, and attach supporting documents or statements, if you can. For example:
. You might want to describe extenuating circumstances around the conviction that you believe we
should consider.
. Statements from a witness, employer(s), parole officer, or teacher may support your case.
· Documents such as school records or verification of community service demonstrate what you have
accomplished or contributed since your conviction.
Circumstances and Comments - Describe in your own words what happened during the event that resulted in
your conviction. What have you done since your conviction that should be considered in your appeal? You may
write comments on the form or you may attach explanations, evidence, and letters of recommendation.
I
I
I
L._._
(continue on back if necessary)
Signature Date
Please return this form within ten (10) calendar days to Salem Area Mass Transit District, Attn: Human
Resources Director, 555 Court 8t NE, Suite 5230, Salem, OR 97301
27
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
EXHIBIT D
OREGON REVISED STATUTES
2005 EDITION
ELDERLY AND DISABLED TRANSPORTATION
391.800 Elderly and Disabled Special Transportation Fund
391.802 Definition for ORS 391.800 to 391.830
391.810 Distribution of funds to districts, Indian tribes and counties; rules
391.815 Discretionary grant account; purpose; application for grant; grant approval;
distribution of moneys
391.820 Advisory committees; membership; duties
391.830 Use of funds to finance and improve transportation for elderly and disabled
ELDERLY AND DISABLED TRANSPORTATION
391.800 Elderly and Disabled Special Transportation Fund. (1) There is established
in the State Treasury, separate and distinct from the General Fund, the Elderly and
Disabled Special Transportation Fund. All moneys in the Elderly and Disabled Special
Transportation Fund are appropriated continuously to the Department of Transportation for
payment of the department's administrative costs of the program and payment to mass
transit districts, transportation districts, Indian tribes and counties as provided in ORS
391.810.
(2) The Elderly and Disabled Special Transportation Fund shall consist of:
(a) Moneys transferred to the fund under ORS 184.642 and 323.455 (3);
(b) Other moneys appropriated to the fund by the Legislative Assembly; and
(c) Moneys obtained from interest earned on the investment of moneys in the fund.
(3) Moneys in the Elderly and Disabled Special Transportation Fund, with the approval
of the State Treasurer, may be invested as provided by ORS 293.701 to 293.820, and the
earnings from the investments shall be credited to the Elderly and Disabled Special
Transportation Fund. [1985 c.816 S9; 1987 c.62 S1; 1989 c.224 S66; 2003 c.601 S2; 2003
c.751 S3]
391.802 Definition for ORS 391.800 to 391.830. As used in ORS 391.800 to 391.830,
"Indian tribe" means a federally recognized Indian tribe in Oregon that has members
residing on a reservation or tribal trust lands in Oregon. [2003 c.751 S2]
391.810 Distribution of funds to districts, Indian tribes and counties; rules. (1)
The Department of Transportation shall distribute three-quarters of the moneys in the
28
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008 CITY OF WOODBURN
Elderly and Disabled Special Transportation Fund, including the interest attributable
thereto, to mass transit districts organized under ORS 267.010 to 267.390, transportation
districts organized under ORS 267.510 to 267.650, Indian tribes and to those counties in
which no part of a mass transit district or transportation district is located as follows:
(a) Each district shall receive that share of the moneys as the population of the
counties in which the district is situated, determined under ORS 190.510 to 190.610 last
preceding apportionment of the moneys, bears to the total population of the state.
However, if two or more districts are situated in a single county, distribution of moneys
under this subsection shall be determined as though only the mass transit district is
located in that county or, if there are two or more transportation districts in the county, as
though only the transportation district with the highest population is located in that county.
(b) Each county in which no part of a mass transit district or transportation district is
located shall receive that share of the moneys as its population, determined under ORS
190.510 to 190.610 last preceding apportionment of the moneys, bears to the total
population of the state.
(c) Each Indian tribe shall receive that share of the moneys as the population of the
tribe residing in Oregon, determined by the Oregon Transportation Commission pursuant
to rules adopted under subsection (4) of this section, bears to the total population of the
state.
(2) After the requirements of subsection (1) of this section have been met, the
department shall distribute the remainder of the moneys in the Elderly and Disabled
Special Transportation Fund to the districts, Indian tribes and counties described in
subsection (1) of this section as follows:
(a) Each district, Indian tribe or county that receives a share of the moneys in
proportion to population under subsection (1) of this section shall receive an amount,
determined by the commission by rule and not to exceed $2,000 annually, to be used to
defray the administrative expenses of the district, Indian tribe or county in carrying out its
functions under ORS 391.800 to 391.830.
(b) Each district, Indian tribe or county that receives a share of the moneys in
proportion to population under subsection (1) of this section shall receive for each fiscal
year a minimum amount, determined by the commission by rule, to be distributed to
providers of transportation for use as specified under ORS 391.830 (4).
(c) Each district, Indian tribe or county shall receive any money distributed to it from the
discretionary grant account established under ORS 391.815.
(d) After the requirements of paragraphs (a) to (c) of this subsection have been
satisfied, the department shall set aside and transfer the remainder of the moneys in the
Elderly and Disabled Special Transportation Fund to a discretionary grant account
established under ORS 391.815.
(3) The department may not distribute moneys to a mass transit district, transportation
district, Indian tribe or county under this section unless the district, Indian tribe or county
has appointed an advisory committee under ORS 391.820.
(4) The department shall adopt rules necessary for the administration and
implementation of ORS 391.800 to 391.830. The rules may include but are not limited to:
(a) Restrictions and requirements on the distribution and use of moneys received under
this section;
(b) Development of a form contract for use by districts, Indian tribes and counties when
29
SPECIAL TRANSPORTATION AGREEMENT 2007 - 2008 CITY OF WOODBURN
distributing moneys received under this section; and
(c) Restrictions and requirements on a district, Indian tribe or county for failure to
comply with the provisions of this section or ORS 391.815 or 391.830.
(5) Each district, Indian tribe or county described in subsection (1) of this section is
specifically authorized to enter into an agreement with another district, Indian tribe or
county under ORS 190.003 to 190.130 to facilitate the performance of the functions
authorized under ORS 391.830. [1985 c.816 910; 1989 c.224 967; 1989 c.866 98; 2003
c.613 91a; 2003 c.751 94]
391.815 Discretionary grant account; purpose; application for grant; grant
approval; distribution of moneys. (1) After the requirements of ORS 391.810 have been
satisfied, the Department of Transportation shall set aside and transfer the remainder of
the moneys in the Elderly and Disabled Special Transportation Fund to a discretionary
grant account established as an account in the Elderly and Disabled Special
Transportation Fund.
(2) The moneys in the discretionary grant account established under this section are
continuously appropriated to the department for the purpose of distribution for ultimate use
for transportation and services to the elderly and disabled as described under ORS
391.830 (4). The department may distribute moneys from the discretionary grant account
only as directed by the Oregon Transportation Commission under this section.
(3)(a) A district, Indian tribe or county described in ORS 391.810 (1) may make
application to the department for a distribution from the discretionary grant account
established under this section. The application shall describe the purposes for which the
grant is to be used and the monetary amount that is required to carry out those purposes.
(b) Upon receipt of an application, the department shall cause the application to come
to the attention of the commission, which shall, after consideration, approve or deny the
application, in whole or in part.
(c) The commission shall approve only those grants applied for under paragraph (a) of
this subsection that are for use for the purposes set forth in ORS 391.830 (4).
(4) Upon approval of an application, in whole or in part, the commission shall direct the
department to distribute the dollar amount approved to the applying district, Indian tribe or
county. [1989 c.866 S10; 2003 c.751 S5]
391.820 Advisory committees; membership; duties. (1) The governing body of each
mass transit district, transportation district, Indian tribe or county that receives moneys
from the Elderly and Disabled Special Transportation Fund under ORS 391.810 shall
appoint an advisory committee to advise and assist the governing body in carrying out the
purposes of ORS 391.800 to 391.830. The number and terms of the members of an
advisory committee appointed under this section shall be determined by the appointing
governing body.
(2) To be qualified to serve on an advisory committee of a district or county, an
individual must reside within the boundaries of the district, the county within which a district
or part thereof is located or the county in which no part of a district is located and must be:
(a) A person who is an elderly or disabled individual and uses transportation services in
the district or county;
(b) A person who is an elderly or disabled individual and lives in an area of the district
30
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008 CITY OF WOODBURN
distributing moneys received under this section; and
(c) Restrictions and requirements on a district, Indian tribe or county for failure to
comply with the provisions of this section or ORS 391.815 or 391.830.
(5) Each district, Indian tribe or county described in subsection (1) of this section is
specifically authorized to enter into an agreement with another district, Indian tribe or
county under ORS 190.003 to 190.130 to facilitate the performance of the functions
authorized under ORS 391.830. [1985 c.816 910; 1989 c.224 967; 1989 c.866 98; 2003
c.613 91a; 2003 c.751 94]
391.815 Discretionary grant account; purpose; application for grant; grant
approval; distribution of moneys. (1) After the requirements of ORS 391.810 have been
satisfied, the Department of Transportation shall set aside and transfer the remainder of
the moneys in the Elderly and Disabled Special Transportation Fund to a discretionary
grant account established as an account in the Elderly and Disabled Special
Transportation Fund.
(2) The moneys in the discretionary grant account established under this section are
continuously appropriated to the department for the purpose of distribution for ultimate use
for transportation and services to the elderly and disabled as described under ORS
391.830 (4). The department may distribute moneys from the discretionary grant account
only as directed by the Oregon Transportation Commission under this section.
(3)(a) A district, Indian tribe or county described in ORS 391.810 (1) may make
application to the department for a distribution from the discretionary grant account
established under this section. The application shall describe the purposes for which the
grant is to be used and the monetary amount that is required to carry out those purposes.
(b) Upon receipt of an application, the department shall cause the application to come
to the attention of the commission, which shall, after consideration, approve or deny the
application, in whole or in part.
(c) The commission shall approve only those grants applied for under paragraph (a) of
this subsection that are for use for the purposes set forth in ORS 391.830 (4).
(4) Upon approval of an application, in whole or in part, the commission shall direct the
department to distribute the dollar amount approved to the applying district, Indian tribe or
county. [1989 c.866 910; 2003 c.751 95]
391.820 Advisory committees; membership; duties. (1) The governing body of each
mass transit district, transportation district, Indian tribe or county that receives moneys
from the Elderly and Disabled Special Transportation Fund under ORS 391.810 shall
appoint an advisory committee to advise and assist the governing body in carrying out the
purposes of ORS 391.800 to 391.830. The number and terms of the members of an
advisory committee appointed under this section shall be determined by the appointing
governing body.
(2) To be qualified to serve on an advisory committee of a district or county, an
individual must reside within the boundaries of the district, the county within which a district
or part thereof is located or the county in which no part of a district is located and must be:
(a) A person who is an elderly or disabled individual and uses transportation services in
the district or county;
(b) A person who is an elderly or disabled individual and lives in an area of the district
30
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008 CITY OF WOODBURN
or county where there are no public transportation services;
(c) An individual engaged in providing transportation services to the elderly or disabled
in the district or county;
(d) A representative of elderly individuals; or
(e) A representative of disabled individuals.
(3) To be qualified to serve on an advisory committee of an Indian tribe, an individual
must be able to represent the transportation needs of elderly and disabled persons served
by the Indian tribe as determined by the governing body of the Indian tribe.
(4) An advisory committee appointed under this section shall review the distribution of
moneys by the governing body of a district, Indian tribe or county under ORS 391.830. The
advisory committee may propose any changes to the policies or practices of the governing
body relating to the distribution that the advisory committee considers necessary or
desirable. [1985 c.816 ~11; 1987 c.532 91; 1989 c.224 968; 2003 c.751 96]
391.830 Use of funds to finance and improve transportation for elderly and
disabled. (1)(a) Each mass transit district and transportation district that receives moneys
from the Department of Transportation under ORS 391.810 (1) or (2)(b), after providing for
costs of administration in an amount determined under ORS 391.810 (2)(a), shall distribute
the moneys to providers of transportation for the purpose of financing and improving
transportation programs and services for the elderly and disabled residents of the district
and the county in which all or a portion of the district is located. The moneys received
under ORS 391.810 (1) and (2)(b) and distributed to providers of transportation in areas
within the counties in which the district is located but outside the boundaries of the district
shall be that share of all moneys received by the district as the population of those
counties residing outside the district, as determined by the last federal decennial census,
bears to the total population of the counties.
(b) Each county that receives moneys from the department under ORS 391.810 (1) or
(2)(b), after providing for costs of administration in an amount determined under ORS
391.810 (2)(a) shall distribute the moneys to providers of transportation for the purpose of
financing and improving transportation programs and services for the elderly and disabled
residents of the county.
(c) Each Indian tribe that receives moneys from the department under ORS 391.810 (1)
or (2)(b), after providing for costs of administration in an amount determined under ORS
391.810 (2)(a), shall use the moneys for the purpose offinancing and improving
transportation programs and services for elderly and disabled individuals served by the
Indian tribe.
(2) The governing body of a district, Indian tribe or county, after consultation with the
advisory committee it appointed under ORS 391.820, shall determine the amount of
money to be distributed to a provider of transportation and the purposes for which the
money must be used. Moneys received under ORS 391.810 (2)(c) shall be used for the
purposes for which received as indicated in the directive from the Oregon Transportation
Commission as described under ORS 391.815. All moneys received under ORS 391.810
shall be distributed and used consistent with rules adopted by the Department of
Transportation under ORS 391.810 (4).
(3) A provider of transportation receiving funds prior to January 1, 1986, from a
governmental unit or agency for purposes related to the transportation needs of the elderly
31
SPECIAL TRANSPORTATION AGREEMENT 2007 - 2008 CITY OF WOODBURN
or disabled is eligible to receive moneys from a district, Indian tribe or county under this
section.
(4) Moneys distributed to providers of transportation under this section may be used for
the following purposes:
(a) Maintenance of existing transportation programs and services for the elderly or
disabled.
(b) Expansion of such programs and services.
(c) Creation of new programs and services.
(d) Planning for, and development of, access to transportation for elderly and disabled
individuals who are not currently served by transportation programs and services.
(5) Except in the case of a uniform budget reduction or upon order or other
authorization of the department, the increase in moneys received under ORS 391.810
under this section and ORS 323.030, 323.455, 391.810 and 391.815 may not be used to
supplant moneys currently appropriated by counties, Indian tribes or districts for elderly
and disabled transportation projects.
(6) As used in this section, "provider of transportation" includes a city, county, district,
I ndian tribe or any other person or agency, whether public or private, that maintains,
operates or sponsors vehicles and facilities for the transportation of passengers for profit
or on a nonprofit or voluntary basis. [1985 c.816 912; 1989 c.224 969; 1989 c.866 911;
2003 c.613 92; 2003 c.751 97]
CHAPTERS 392 TO 395
[Reserved for expansion]
32
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
EXHIBIT E
DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSIT DIVISION
(The Oregon Administrative Rules contain OARs filed through June
15, 2007)
DIVISION 5
SPECIAL TRANSPORT A TION FUND FOR THE ELDERLY AND HANDICAPPED
General Information
732-005-0000
Purpose of Rule
The rules in chapter 732, divisions 5, 10 and 20 establish the procedures and requirements of the
Public Transit Division for the administration of the Special Transportation Fund (STF) for the
Elderly and Disabled.
Stat. Auth.: ORS 184.616,184.619 & 391.810
Stats. Implemented: ORS 391.800 - 391.830
Hist.: PTD 1~1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(Temp), f. & cert.
ef. 12-29-89; PTD 1-1990, f. & cert. ef. 5~31-90; PTD 2-2004, f. 12-16-04, cert. ef. 1-1-05
732-005-0005
Statutory Authority and Procedure
ORS 391.810 requires the Public Transit Division to adopt rules necessary for the administration
and implementation of the STF under ORS 391.800 through 391.830.
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.800 - 391.830
Hist.: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(Temp), f. & cect.
ef. 12-29-89; PTD 1-1990, f. & cert. ef. 5-31-90; PTD 1-2004(Temp), f. & cect. ef. 7-15-04 thru 1-
10-05: PTD 2-2004, f. 12-16-04, cert. ef. 1-1-05
732-005-0010
Definitions
The following definitions apply to rules in chapter 732 divisions 5, 10 and 20:
33
SPECIAL TRANSPORTATION AGREEMENT 2007 - 2008
CITY OF WOODBURN
( 1) "Administration" means the essential activities incurred by the STF Agency: receiving,
disbursing and accounting for STF moneys.
(2) "Administrative Allotment" means a fixed amount, disbursed annually to a STF Agency, for
Administration.
(3) "Advisory Committee" means a committee appointed by a STF Agency to advise and assist the
STF Agency in carrying out the purposes of the Special Transportation Fund.
(4) "Capital Item" means a single item of durable equipment, a vehicle, a structure (facility) and real
estate with an acquisition cost of $5000 or more.
(5) "Coordination" means working cooperatively with Providers and other individuals and agencies
representing people unable to drive, low-income, Elderly and People with Disabilities, to more
effectively apply funding and other resources to meet common transportation needs. Coordination
actions may reduce duplication of service, reduce cost, increase service levels or make services
more widely available in a community.
(6) "Disabled", also "People with Disabilities" means a person or persons who, by reason of illness,
injury, advanced age, congenital malfunction, or other permanent or temporary incapacity, have a
physical or mental impairment that substantially limits one or more of their major life activities.
This definition does not include substance abuse disorders resulting from the current illegal use of
drugs.
(7) "Discretionary Account" means a Special Transportation Fund account for distribution of the
remaining cigarette tax receipts and other revenues contributed to the STF set aside following
distribution of the Formula Allocation, Minimum Allocation and Administrative Allotment.
(8) "Discretionary Grant" means a grant award from the Discretionary Program.
(9) "Discretionary Program" means a program financed by the Discretionary Account that may be
offered by the Division to support Projects benefiting the Elderly and People with Disabilities.
(10) "District" means a mass transit district organized under ORS 267.010 to 267.390 or a
transportation district organized under ORS 267.510 to 267.650.
(11) "Division" means the Oregon Department of Transportation, Public Transit Division.
( 12) "Elderly" means 60 years of age or older.
(13) "Formula Allocation" means an amount of STF moneys made available to a STF Agency on
the basis of the STF Agency's share of resident population in proportion to the population of the
state as a whole.
34
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
(14) "Formula Program" means the program of regular distribution of STP moneys from the
Division to the STP Agencies that is composed of the Formula and Minimum Allocations, plus the
Administrative Allotment.
( 15) "Incidental Use" means a use of a Project that is not the primary purpose of the Project.
(16) "Indian Tribe" means a federally recognized Indian Tribe in Oregon that has members residing
on a reservation or tribal trust lands in Oregon.
(17) "Minimum Allocation" means a minimum annual amount for which each STP Agency will be
eligible, composed of the Formula Allocation moneys plus moneys from the Discretionary Account
sufficient to equal the Minimum Allocation.
( 18) "Oregon Transportation Commission" means a commission established under ORS 184.612.
( 19) "Project" means a Public Transportation Service, a Capital Item or any associated activity
including, but not limited to, planning and needs assessment, training, and research and that falls
within the purposes defined in OAR 732-005-0016.
(20) "Provider" means a city, county, district, Indian tribe, or any other person or agency, whether
public or private, that maintains, operates, or sponsors vehicles and facilities for Public
Transportation Services for profit or on a nonprofit or voluntary basis.
(21) "Public Transportation Services" means any form of passenger transportation by car, bus, rail
or other conveyance, either publicly or privately owned, which provides service to the general
public (not including charter or sightseeing or exclusive school bus) on a regular and continuing
basis. Such transportation may include services designed to meet the needs of a specific user group,
including for the Elderly and People with Disabilities, and for purposes such as health care,
shopping, education, employment, public services, personal business or recreation.
(22) "Recipient" means a city, county, transportation district, mass transit district, county service
district, Indian tribe, public or private non-profit corporation, or other person or agency, that is in
receipt of STF moneys to finance in whole or part a Project for the elderly and people with
disabilities.
(23) "Representative of Disabled Persons" means an individual who is familiar with the needs of
People with Disabilities and is knowledgeable or aware of the transportation needs of People with
Disabilities.
(24) "Representative of Elderly Persons" means an individual who is familiar with the needs of the
Elderly and is knowledgeable or aware of the transportation needs of the Elderly.
(25) "Special Transportation Fund for Elderly and Disabled" also "STP means moneys generated
by a tax on cigarettes, or from other sources, appropriated to the Division for distribution to STF
35
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
Agencies for the purpose of financing and improving transportation programs and services for the
Elderly and People with Disabilities.
(26) "STF Agency" means the mass transit district, transportation district, county in which no part
of a mass transit or transportation district is located or Indian tribe that is eligible to receive STF
moneys directly from the Division.
(27) "STF Plan" means a plan developed by the STF Agency to guide the investment of STF
moneys over at least a three year period.
(28) "STF Program" means a set of policies and procedures that guide the expenditure of STF
moneys to benefit transportation services for the Elderly and People with Disabilities.
(29) "User of Transportation Services" means a person who is Elderly or a Person with Disabilities
and who makes use of transportation programs and services for the Elderly and People with
Disabilities financed in whole or part with STF moneys.
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.800 - 391.830
Hist.: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87~ PTD 1-1989(Temp), f. & cert.
ef. 12-29-89; PTD 1-1990 f. & cert. ef. 5-31-90; PTD 1-2004(Temp), f. & cert. ef. 7-15-04 thru 1-
10-05; PTD 2-2004, f. 12-16-04, cert. ef. 1-1-05
732-005-0016
Purpose and Use of the STF Moneys
(1) The STF Program is intended to provide a flexible, coordinated, reliable and continuing source
of revenue in support of transportation services for the Elderly and People with Disabilities.
(2) STF moneys will be used for the purpose of financing and improving transportation programs
and services for the Elderly and People with Disabilities and may be used for the following
purposes:
(a) Maintenance of existing transportation programs and services for the Elderly and People with
Disabilities.
(b) Expansion of such programs and services,
(c) Creation of new programs and services.
(d) Planning for, and development of, access to transportation for the Elderly and People with
Disabilities who are not currently served by transportation programs and services.
36
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
(3) The STF moneys may be used as matching funds for state and federal programs also providing
transportation programs and services to the Elderly and People with Disabilities.
(4) When funded by STF moneys:
(a) Projects will comply with the requirements of US DOT Federal Transit Administration
regulations, 49 CFR PART 37 TRANSPORTATION SERVICES FOR INDIVIDUALS WITH
DISABILITIES (Americans with Disabilities Act) section 37.3. as applicable to the specific Project
and Provider.
(b) Projects financed in whole or part with STF moneys will be coordinated with other
transportation programs and services to the maximum extent feasible.
(5) Exception in the case of a uniform budget reduction, STF moneys will not be used to supplant
moneys currently appropriated by STF agencies for transportation projects benefiting the Elderly
and People with Disabilities.
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.810 - 391.830
Hist.: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(Temp), f. & cert.
ef. 12-29-89; PTD 1-1990, f. & cert. ef. 5-31-90; Renumbered from 732-005-0060(3)(a-d); PTD 2-
2004, f. 12-16-04, cert. ef. 1-1-05
732-005-0021
Administration of Funds by the Public Transit Division
( 1) The Division will conduct the necessary activities to manage the STP and implement a program.
(2) Activities conducted by the Division include, and are not limited to, distribution of funds,
application and review processes, agreement procedures, program oversight, protests, statewide
planning and research, training and technical assistance.
(3) After payment of the state administrative costs ofthe program, the Division will make available
moneys from the STF:
(a) Three-fourths of STF moneys will be made available annually to STF Agencies on the basis of
population distribution. This will be known as the Formula Allocation; and
(b) Of the remaining one-fourth ofSTF moneys:
(A) An Administrative Allotment of $2,000 will be made available annually to each STF Agency:
(i) The annual Administrative Allotment of $2000 is intended to defray the STF Agency's cost of
Administration of their STF program: receiving, disbursing and accounting for their STF moneys.
37
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
(ii) The STF Agency will not use moneys from the STP Formula Allocation to defray administrative
costs,
(iii) Additional costs of developing and managing the STP program including, and not limited to,
planning, advisory committee management, contract management, and technical assistance, are not
defined as Administration, and may be supported by moneys from the Formula Allocation.
(iv) The STP Agency may finance the cost of administration of STP discretionary grants awarded in
accordance with OAR 732-020-0030 with funds from the grant award.
(B) A Minimum Allocation will be made available annually as a supplement to the moneys made
available based on population.
(i) Each STF Agency will have no less than the minimum allocation made available, irrespective of
population, under the STF Formula Program. This Minimum Allocation, when combined with
formula moneys, will be defined by the Oregon Transportation Commission;
(ii) The Minimum Allocation will equal at least $15,000; and
(iii) The Minimum Allocation will be based on factors defined by the Division related to the cost of
providing transportation services and programs by the STF Agencies with the least population.
(C) Any remaining moneys will be set aside to a Discretionary Account. The Discretionary Account
is intended to provide a flexible resource for addressing the transportation needs of the Elderly and
People with Disabilities in accordance with OAR 732-005-0016. Discretionary Account moneys
may be used for:
(i) A Discretionary Program to award Discretionary Grants in accordance with OAR 732-020-0005
through 732-020-0045; or
(ii) Projects of statewide importance identified and implemented by the Division.
(iii) Discretionary Grants and Projects of statewide importance will be approved by the Oregon
Transportation Commission.
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.800 - 391.830
Hist: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(Temp), f. & cert.
ef. 12-29-89; PTD 1-1990, f. & cert. ef. 5-31-90; Renumbered from 732-005-0015(1); PTD 2-2004,
1'. 12-16-04, cert. ef. 1-1-05
732-005-0027
STF Agencies Eligible for STF Moneys
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SPECIAL TRANSPORTATION AGREEMENT 2007 - 2008
CITY OF WOODBURN
(I) After payment of the state's administrative costs of the program, the Division will make
available moneys from the STF. STF moneys may be distributed to the following:
(a) To Districts where they exist;
(b ) To counties where no Districts exist; and
(c) To federally recognized Indian Tribes in Oregon.
(d) If two or more Districts are located in one county, the moneys will be distributed to the Mass
Transit District. If there is no Mass Transit District located in the county, then the moneys will be
distributed to the Transportation District with highest population.
(2) Districts, Indian Tribes and counties receiving STP moneys are known as STF Agencies.
(3) Withdrawal from Eligibility: STF Agencies eligible to receive STF moneys may voluntarily
withdraw from eligibility to receive STF moneys:
(a) A STF Agency intending to withdraw its eligibility will notify the Division of the decision to
withdraw and the reason for withdrawal;
(b) A STF Agency may rescind its withdrawal at any time; and
(c) After a three-year period, the STF Agency that has withdrawn from eligibility will not be
included in the population-based distribution ofSTF moneys in accordance with OAR 732-010-
0010:
(A) The population of the Indian Tribe that has withdrawn from eligibility will be included in the
resident population of Districts and counties; and
(B) The population of a District or county that has withdrawn from eligibility will be included in the
population of another S TF Agency identified by the Division.
(4) Failure to apply for Formula Program moneys for three or more consecutive years will be
considered withdrawal from eligibility to receive STF Funds.
(5) Accumulation of Formula Program moneys allocated to a STF Agency that has withdrawn will:
(a) Not exceed the total of three consecutive years dating from the year of withdrawal, or from the
first year of failure to apply for Formula Program moneys;
(b) The Administrative Allotment will not accumulate;
(c) The STF Agency that rescinds its withdrawal may receive up to three years of accumulated
Formula Program moneys; and
39
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
(d) The STF Agency that rescinds its withdrawal is eligible to receive one year of Administrative
Allotment for the year of application.
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.810
Hist.: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(Temp), f. & cert.
ef. 12-29-89; PTD 1-1990, f. & cert. ef. 5-31-90; Renumbered from 732-005-0015(1)(a-c); PTD 1-
2004(Temp), f. & cert. ef. 7-15-04 thru 1-10-05; PTD 2-2004, f. 12-16-04, cert. ef. I-I-OS
732-005-0031
Advisory Committee Requirements
( 1) The STF Agency will appoint an Advisory Committee.
(2) The purpose of the Advisory Committee is to advise and assist the STF Agency in carrying out
the purposes of the STF.
(3) The Advisory Committee will:
(a) Advise the STF Agency regarding the opportunities to coordinate STF moneys and STF-funded
Projects with other transportation programs and services to avoid duplication and gaps in service;
(b) Review the proposed distribution of Formula Program moneys and make recommendations to
the STF Agency;
(c) Review Discretionary Grant proposals and make recommendations to the STF Agency;
Cd) Adhere to Oregon Public Meetings laws, as applicable;
(e) Meet a minimum of two times per year, or a sufficient number of times so as to advise the STF
Agency in carrying out the purposes of the STF;
(1) Participate in developing in the STF Plan that will be used to perform the activities described in
this section; and
(g) Be guided by written bylaws that may include, but are not limited to, committee membership
criteria, terms of office for the committee members, procedures of the committee, meeting schedule
and other operating and decision-making procedures.
(4) To perform the activities described in subsections (3)(a) through (c) of this rule, the Advisory
Committee will review the Projects proposed for funding by Formula Program and Discretionary
Program moneys, including the proposed Recipient, Project purpose, intended User of
Transportation Services, and the proposed funding level.
40
SPECIAL TRANSPORTATION AGREEMENT 2001 - 2008
CITY OF WOODBURN
(5) The Advisory Committee may recommend to the STF Agency any changes to the proposed
distribution of Formula Program moneys or Discretionary Grant applications it considers necessary.
(6) The terms of office for the Advisory Committee members are at the discretion of the STF
Agency.
(7) The Division will be notified by the STF Agency of changes in the Advisory Committee
membership.
(8) Copies of Advisory Committee bylaws, minutes and meeting notices will be made available to
the Division, upon reasonable notice.
(9) Indian Tribes:
(a) The Advisory Committee of a STF Agency that is an Indian Tribe will be composed of at least
three members; and
(b) To be qualified to serve on an Advisory Committee of an Indian Tribe, an individual must be
able to represent the transportation needs of the Elderly and People with Disabilities served by the
Indian Tribe.
( 10) Districts and Counties: The Advisory Committee of a District or county will be composed of at
least five members, of which a majority will meet the qualifications of paragraphs (11)(c)(A)
through (D) of this rule.
(11) To be qualified to serve on the Advisory Committee for a STF Agency that is a District or
county, an individual will:
(a) Reside in the District or county;
(b) Be knowledgeable about the transportation needs of the Elderly and People with Disabilities;
and
(c) Be a person who:
(A) Is Elderly or a person with a disability and is a User of Transportation Services in the District or
county:
(B) Is Elderly or is a person with a disability and who lives in an area of the District or county
where there are no Public Transportation Services;
(C) Is Representative of Elderly persons residing in the District or county;
(D) Is Representative of People with Disabilities residing in the District or county; or
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SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
(E) Represents a Provider of services to the Elderly or People with Disabilities residing in the
District or county.
(d) The STF Agency will consider geographic diversity and balance of the membership
qualifications identified in paragraphs (l1)(c)(A) through (E) of this rule when appointing STF
Advisory Committee members.
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.800 - 391.830
Hist.: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(Temp), f. & cert.
ef. 12-29-89; PTD 1-1986, f. & ef. 1-10-86; PTD 1-1990, f. & cert. ef. 5-31-90; Renumbered from
732-005-0065; PTD 1-2004(Temp), f. & cert. ef. 7-15-04 thru 1-10-05; PTD 2-2004, f. 12-16-04,
cer!. ef. 1-1-05
732-005-0036
Accounting Requirements
(1) The STF Agency will receive and disburse STF moneys from a separate governmental fund.
Any money realized as a result of interest accrued to the fund will be added to the STF moneys and
will be reported to the Division.
(2) Record Retention:
(a) The STF Agency will maintain all financial records for at least three years after the Division's
final disbursement for the fiscal year; and
(b) The STF Agency will maintain all records relating to Capital Items for three years after
disposition.
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.800 - 391.830
Hist.: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(Temp), f. & cert.
ef. 12-29-89; PTD 1-1990, f. & cert. ef. 5-31-90; Renumbered from 732-005-0070; PTD 2-2004, f.
12-16-04, cert. ef. 1-1-05
732-005-0041
Capital Item Requirements
(1) Capital Items may be purchased with STF moneys:
(a) Incidental Use of a Capital Item for other Public Transportation Services is authorized if
associated with Coordination to benefit the Elderly and People with Disabilities; and
42
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
(b) The Incidental Use will not substantially reduce the effective use of the Capital Item for the
Elderly and People with Disabilities.
(2) The STF Agency will inventory the Capital Items purchased in whole or part with STF moneys.
The inventory will include date of purchase, purchase price, percentage of STF moneys contributed
to the purchase, the source of other funds, the authorized use and the Recipient using the Capital
Item.
(3) The S TF Agency will maintain continuing control of a Capital Item purchased in whole or part
with Formula Program during the period of useful life established in accordance with subsection
(4)(a) of this rule. The STF Agency may exert continuing control beyond the period of useful life,
under its own authority. Continuing control is defined as use, management and disposal of a Capital
Item.
(4) STF Agencies will use their own procedures for continuing control, excepting where specified
by this section. At a minimum, STF Agencies will:
(a) Establish minimum useful life standards for Capital Items:
(A) Useful life may be based on standards for depreciation established by the Internal Revenue
Service or other standard in reference to the specific type of capital; and
(B) For vehicles, the definition of useful life will be consistent with the policy established by the
Division for vehicles financed with federal grant funds;
(b) Use the STF Agency's own procedures for disposal of a Capital Item;
(c) Return the net proceeds from a sale of a Capital Item to the local STF. If other funds were used
in the purchase, then only the proportion representing STF participation will be returned to the STF;
(d) Establish procedures to ensure that a Capital Item is maintained in safe operating condition, as
appropriate;
(e) Establish procedures for transfer of a Capital Item to an eligible Recipient;
(f) Establish procedures for lease of a Capital Item to a Recipient;
(g) Establish insurance requirements adequate to protect the interests of the Transportation Users,
the Recipient and the STF Agency, as appropriate;
(h) Ensure that facilities and real property will be used for the originally authorized purpose by use
of a restrictive deed covenant, as feasible and appropriate; and
43
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
(i) Ensure that vehicles purchased in whole or in part with STF moneys are registered with the
Oregon Department of Transportation Driver and Motor Vehicle Services Division in the name of
the STF Agency or in the name of the Recipient receiving the equipment:
(A) If the vehicle is registered in the name ofthe Recipient receiving the equipment, and that
Recipient is not the STF Agency, the STF Agency will be listed on the vehicle title as security
interest holder;
(B) For leased vehicles, the lease will be recorded on the vehicle title, in accordance with Oregon
Department of Transportation Driver and Motor Vehicle Services Division procedures;
(C) Vehicles purchased with other local, state or federal funds in addition to STF moneys will be
titled in accordance to the requirements of the specific source. The STF Agency will be listed on the
title as a security interest holder; and
(D) The STF Agency may release their security interest in the vehicle after the defined period of
useful life is past.
(5) The STF Agency will notifY the Division of the sale or transfer of the Capital Item purchased
with STF moneys and will report the use of proceeds from the sale.
(6) The Division may establish requirements for Capital items purchased with Discretionary
Program moneys, including and not limited to:
(a) A minimum threshold of insurance coverage,
(b) Annual inspections of vehicles used for Public Transportation Programs; and
(c) A requirement that the use of facilities and real property will be secured by a restrictive deed
covenant, as feasible and appropriate.
Stat. Auth.: ORS 184.616,184.619 & 391.810
Stats. Implemented: ORS 391.810 - 391.830
Hist.: PID 1-1986, f. & ef. 1-10-86; PID 1-1987, f. & ef. 11-24-87; PID 1-1989(Iemp), f. & cert.
ef. 12-29-89; PTD 1-1990, f. & cert. ef. 5-31-90; Renumbered from 732-005-0075; PTD 2-2004, f.
12-16-04, cert. ef. 1-1-05
732-005-0046
Audit Requirements
(1) STF moneys will be specifically addressed in the STF Agency's annual audit. If requested by the
Division, the STF Agency will provide the Division with a copy of the audit report.
44
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
(2) The Division may request additional information including, but not limited to, audits of specific
Projects.
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.810 - 391.830
Hist.: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(Temp), f. & cert.
ef. 12-29-89; PTD 1-1990, f. & cert. ef. 5-31-90; Renumbered from 732-005-0080; PTD 2-2004, f.
12-16-04, cert. ef. 1-1-05
732-005-0051
Reporting Requirements
(1) The purpose ofreporting is to:
(a) Ensure that STF moneys are being used for the purpose of financing and improving
transportation programs for the Elderly and People with Disabilities;
(b) Measure the effects of the program; and
(c) Provide information to the Oregon State Legislature.
(2) The STF Agency will prepare, or require its Recipients to prepare, a quarterly report to the
Division. The STF Agency will approve and sign reports prepared by Recipients prior to submission
to the Division:
(a) For Projects funded by the Formula Program, a report form, provided by the Division, will be
completed for each Recipient on the List of Projects;
(b) A STF Agency may require additional reporting information from its Recipients;
(c) Reports will be due within 45 days following the end of a quarter. The fourth quarter report may
be a preliminary report, subject to adjustment after completion of the STF Agency's audit.
(3) Failure to submit the required reports may result in withholding of Formula Funds:
(a) The Division may withhold Formula Funds if reports have not been submitted for a period of
three consecutive quarters; and
(b) A STF Agency may negotiate an alternate reporting schedule with the Division.
(4) For Projects funded by the Discretionary Program, a report form will be provided by the
Division:
(a) The report is required for payment of Discretionary Grant moneys;
45
SPECIAL TRANSPORTATION AGREEMENT 2007 - 2008
CITY OF WOODBURN
(b) The Division may identify alternate dates for reporting; and
(c) Recipients of Capital Items will report regularly during the period of useful life of the Capital
Item.
Stat. Auth.: ORS 184.616,184.619 & 391.810
Stats. Implemented: ORS 391.810 - 391.830
Hist.: PTO 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(Temp), f. & cert.
ef. 12-29-89; PTO 1-1990, f. & cert. ef. 5-31-90; Renumbered from 732-005-0085; PTD 1-
2004(Temp), f. & cert' ef. 7-15-04 thru 1-10-05; PTD 2-2004, f. 12-16-04, cert. ef. 1-1-05
732-005-0056
\Vithholding of Funds from a STF Agency
( 1) The Division may withhold payment of STF moneys if:
(a) The funds are not being used in accordance with these rules;
(b) All required reporting has not been submitted; or
(c) There are any unresolved audit findings relating to the STF.
(2) If an audit or a review of the agreement finds that STF moneys were used improperly, the STF
Agency will repay the STF that portion used improperly.
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.810 - 391.830
Hist.: PTO 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(Temp), f. & cert.
ef. 12-29-89; PTO 1-1990, f. & cert. ef. 5-31-90; Renumbered from 732-005-0050; PTD 2-2004, f.
12-16-04, cert. ef. 1-1-05
732-005-0061
Management of Agreements
(1) The Division will enter into an agreement with a STF Agency after approval of the STF
Agency's application for STF moneys.
(a) The agreement will include:
(A) A description of the use of the funds;
(B) A beginning and end date;
46
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
(C) Termination and suspension clauses;
(D) Other applicable requirements of these rules; and
(E) Sanctions for failure to comply with the requirements of the agreement, including and not
limited to, withholding and repayment of funds for cause.
(b) Inspection of records and Projects:
(A) An STF Agency, and any organization acting on the STF Agency's behalf, will permit the
Division, the Secretary of State of the State of Oregon, or their authorized representatives, upon
reasonable notice, access to all data and records relating to the STF moneys.
(B) The Division, the Secretary of State of the State of Oregon, or their authorized representatives,
upon reasonable notice, may inspect the Projects financed with STF moneys including. but not
limited to, the financial records, physical premises and Capital Items used to deliver Public
Transportation Services.
(2) The STF Agency will enter into written agreements with Recipients for Projects financed with
Formula Program and Discretionary Program moneys.
(a) The form of the agreement will include:
(A) A statement of work to be performed in consideration of the STF moneys;
(B) A beginning and end date;
(C) Termination and suspension clauses;
(D) Other applicable requirements of OAR 732-005-0000 through 732-020-0045; and
(E) Sanctions associated with failure to perform, including but not limited to, withholding and
repayment of funds for cause.
(F) The STF Agency may impose additional requirements under its own authority.
(b) The STF Agency will submit copies of Recipient agreements to the Division.
(c) The STF Agency will monitor the performance of the agreement on a regular basis, and will take
action when the terms and conditions of the agreement are not being met.
(d) Recipients, and any organization acting on the Recipient's behalf, will permit the STF Agency,
the Division, the Secretary of State of the State of Oregon, or their authorized representatives, upon
reasonable notice, access to all data and records relating to the transportation system supported in
whole or part by the STF, and will allow inspection of the Projects supported in whole or part by the
47
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
STF including, but not limited to, the physical premises and Capital Items used to deliver
transportation services.
(e) The Division may terminate or suspend an agreement between itself and a STF Agency, and
may require repayment of funds, if the STP Agency fails to take action against a Recipient failing to
comply with OAR 732-005-0000 through 732-020-0045.
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.810 - 391.830
Hist.: PTD 2-2004, f. 12-16-04, cert. ef. 1-1-05
732-005-0066
STF Agency Joint Management of the STF Program
(1) Two or more STF agencies may jointly manage their STP Programs. Joint Management means
two or more STP Agencies joining together to manage their STP Programs by consultation and
acting independently, or by jointly managing the functions of the STF program.
(a) Joint management through consultation does not require an agreement between the parties.
(b) Joint management of the functions including, and not limited to, pooling STF moneys and
jointly allocating funds to Projects, requires an agreement between the STF Agencies.
(2) When two or more STF Agencies jointly manage the functions of the STF program, they will:
(a) Designate a lead STF Agency who will perform all of the functions of the program as defined in
this rule;
(b) Ensure that the Advisory Committee appointed by the lead STP Agency is representative of each
of the participating STF Agencies; and
(c) Meet together for consultation and review of the jointly managed STF Program at least once per
year.
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.810 - 391.830
Hist.: PTD 2-2004, f. 12-16-04, cert. ef. 1-1-05
732-005-0071
Protest Procedure
The Division will conduct a process to resolve protests of funding decisions made by the Oregon
Department of Transportation.
48
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
(1) Within 30 days of notification of a funding decision, the STF Agency may file a protest of the
decision.
(a) The STF Agency will address the protest to the Administrator of the Division; and
(b) The protest will identify the project or proposed project affected by the funding decision, the
Recipient or proposed Recipient affected by the decision, any arguments pertaining to the protest,
and the requested remedy.
(2) The Division will investigate the protest and will make a written statement of finding within 30
days.
(3) Within 10 working days of receipt ofthe statement of finding, the STF Agency may request a
review of the statement of finding. After a review ofthe statement of finding, the Administrator of
the Division will issue a final decision.
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.810 - 391.830
Hist.: PTD 2-2004, f. 12-16-04, cert. ef. 1-1-05
732-005-0076
Recipient Qualifications
(1) To be eligible to receive STF moneys for a Project, a Recipient will meet, or have the capacity
to meet, the following qualifications, as applicable to the type of Project being funded. A Recipient
will:
(a) Be an entity eligible to enter into agreements;
(b) Have the legal, managerial and operational capacity to perform the Project;
(c) Not be debarred or suspended from federal grants;
(d) Maintain compliance with federal, state and local laws and regulations including, and not
limited to, those pertaining to passenger transportation, civil rights, labor, insurance, safety and
health, as applicable;
(el Comply with the laws or rules of this program;
(f) Properly use STF moneys; and
(g) Perform the Project in a safe, prudent and timely manner.
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SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
(h) If a Recipient is identified as ineligible to receive other funds offered by the state or federal
government resulting from a failure to meet the criteria identified in subsection (a) through (g) of
this section, the Recipient may be ineligible to receive STF moneys.
(2) A STF Agency may require additional eligibility qualifications of Recipients as necessary to
implement its STF Program.
(3) The Division may require additional eligibility qualifications of Recipients as necessary to
implement the Discretionary Program.
(4) The STF Agency will confirm the eligibility of a Recipient prior to awarding STF moneys and
entering into an agreement.
(5) The STF Agency will ensure that Recipients maintain eligibility while receiving STF moneys.
(6) A Recipient found by the STF Agency or Division to be ineligible may be required to repay
moneys received during the period of ineligibility.
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.810 - 391.830
Hist.: PTD 2-2004, f. 12-16-04, cert. ef. 1-1-05
732-005-0081
STF Plan
( I ) A STF Agency will develop, adopt, and regularly update a written STF Plan:
(a) The purpose of the STF Plan is to set out the long term vision for public transportation in the
STF Agency's service area, and guide investment of STF moneys to maximize benefit to the Elderly
and People with Disabilities within that area.
(b) The STF Agency will adopt its first plan no later than June 30, 2007.
(c) The STF Plan will:
(A) Cover at least a three year period;
(8) Counties will consider the transportation needs of the Elderly and People with Disabilities
residing within the county;
(C) Districts will consider the transportation needs of the Elderly and People with Disabilities
residing in the in-district and out-of-district areas of the county(ies); and
50
SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN
(D) Indian Tribes will consider the needs oftribal members and other Elderly and People with
Disabilities served by the tribe.
(2) The STP Plan may include, and is not limited to, the following types of information:
(a) Inventory of transportation services and capital resources currently available for the Elderly and
People with Disabilities, without regard to how they are funded;
(b) Identify current and forecast county and tribal population and demographics;
(c) Inventory of current and future needs for transportation services and programs. The inventory
may include, and is not limited to, changes in employment opportunities, housing, access to medical
services, and special issues affecting access to public transportation services for the Elderly and
People with Disabilities;
(d) Identify opportunities to coordinate transportation services within the county, District, or tribal
area and with other agencies and areas to improve efficiency and effectiveness of service; and
(e) Identify time-based, quantified goals, benchmarks, and performance measures to assess the
progress of Recipients in achieving the STP Agency's vision over time.
(3) A STP Agency may adopt as its STP Plan another plan with content meeting the intent of this
rule including, and not limited to, a county Transportation System Plan, a transit development plan,
the transportation element of an Area Plan for an Area Agency on Aging, or any other plan that
comprehensively addresses the transportation needs of the elderly and people with disabilities.
(4) STF Agencies may join together, and with other agencies serving the Elderly and People with
Disabilities, for mutual benefit to meet these requirements.
(5) Prior to adopting a STF Plan, the STP Agency will consult with the STP Advisory Committee
and the public. The purpose of this consultation is to ensure that the Elderly and People with
Disabilities, representatives of the Elderly and People with Disabilities, transportation Providers,
and other interested parties have the opportunity to review and comment on the proposed plan.
(6) A STP Agency will review its STP Plan at least biennially, and update it to reflect changes in
the service area, demographics, funding levels, service availability or other factors, as needed.
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.810 - 391.830
Hist.: PTD 2-2004, f. 12-16-04, cert. ef. 1-1-05
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SPECIAL TRANSPORTATION AGREEMENT 2001- 2008
CITY OF WOODBURN