Res 1700 - Transit STF-108
COUNCIL BILL NO. 2418
RESOLUTION NO. 1700
A RESOLUTION ENTERING INTO THE STF-108 MARION COUNTY RURAL
AGREEMENT WITH THE SALEM AREA TRANSIT DISTRICT FOR FY 2002-2003 AND
AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT.
WHEREAS, the City of Woodburn applied for State of Oregon Elderly and
Disabled Special Transportation Fund (STF) grant funding for fiscal year 2002-2003
as approved for under Oregon Statute; and
WHEREAS, the City of Woodburn has been awarded $20,000.00 in operational
assistance for the Dial-A-Ride program; and
WHEREAS, the Salem Area Transit District administrates the Elderly and
Disabled Special Transportation Fund for rural Marion County, NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into the STF 108 Marion County
Rural Agreement with the Salem Area 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 agreement on
behalf of the City.
Page 1 -
COUNCIL BILL NO. 2418
RESOLUTION NO. 1700
Approved as to form:
City Attorney
APPROVED:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the office of the Recorder
ATTEST:~~ I~
Mary Ten nt, City Recorder
City of Woodburn, Oregon
Page 2 -- COUNCIL BILL NO. 2418
RESOLUTION NO. 1700
Date
'V ....L ..o~
'~ Richard nn s, Mayor
October 14, 2002
October 15, 2002
October 15, 2002
October 15, 2002
SPECIAL TRANSPORTATION FUND
AGREEMENT-FORMULA FUNDS
FY 2002/2003
:;'J
,
Agreement No.:
Contractor:
Period Covered:
STF108 (Marion County Rural)
CITY OF WOODBURN
July 1, 2002 through June 30, 2003
STF AGREEME~T (Formula) FY 2002/2003
STF 108 (Marion County Rural)
INDEX
FY 2002-2003 STF Agreement
1. SCOPE OF AGREEMENT. ............................................................................................... 1
2. TRANSPORTATION SERVICES. ..................................................................................... 1
3. PAYMENT ......................................................................................................................... 2
4. CONTRACTOR'S WARRANTIES..................................................................................... 3
5. DISTRICT COVENANTS................................................................................................... 4
6. EQUIPMENT ..................................................................................................................... 4
7. FISCAL ACCOUNTABILITY & RECORDS MAINTENANCE ........................................... 5
8. PROGRAM INCOME......................................................................................................... 6
9. AUDITS & EXAMINATIONS.............................................................................................. 6
1 O. INSURANCE...................................................................................................................... 7
11. i INDEMNIFICATION ........................................................................................................... 8
12. INDEPENDENT CONTRACTOR STATUS ....................................................................... 8
13. PERMITS & LICENSES .................................................................................................... 8
14. SAFETY ............................................................................................................................. 9
15. ASSIGNMENT ................................................................................................................... 9
16. COMPLIANCE WITH LAWS ............................................................................................. 9
17. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS.................................................... 9
18. ORS COMPLIANCE........................................................................................................ 11
19. TERMINATION ................................................................................................................. 11
20. W AIVER............................................................................................................................ 12
21. NOTICE ............................................................................................................................ 12
22. DISPUTE RESOLUTION.................................................................................................. 12
23. SEVERABILITY ................................................................................................................ 13
24. PRIOR AGREEMENTS.................................................................................................... 13
25. JURISDICTION ................................................................................................................ 13
26. GOVERNING LAW........................................................................................................... 13
27. ATTORNEY FEES............................................................................................................ 13
28. EXHIBITS ......................................................................................................................... 13
29. COUNTERPARTS ............................................................................................................ 13
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STF Contract (Formula) FY 200212003
STF108 (Marion County Rural)
i
Agreement #STF108
(Marion County Rural)
SPECIAL TRANSPORTATION FUND AGREEMENT
THIS AGREEMENT is entered into this 1 st day of July 2002, by and between SALEM
AREA MASS TRANSIT DISTRICT, a Municipal Corporation of the State of Oregon (hereinafter
referred to as "District"), and CITY OF WOODBURN (hereinafter referred to as "Contractor").
RECITALS:
A. The District is a municipal corporation whose existence and general authority is defined by
ORS 267.200.
B. The State of Oregon has established in the State Treasury a separate and distinct fund
entitled "Elderly and Disabled Special Transportation Fund" (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.
D. i 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 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 Special
Transportation Funds 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 Special Transportation Fund
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 Fund. Attached hereto and by this reference
incorporated herein are ORS 391.800'391.830 (Exhibit A) and administrative rules
OAR 732-05-000 through 732-10-045 (Exhibit B).
2. TRANSPORTATION SERVICES.
2.1 The Contractor agrees to provide the special transportation services descoped in
detail by the Statement of Work (Exhibit C). The Contractor agrees to undertake
whatever 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,
STF AGREEMENT (Formula) FY 2002/2003
1
STF 108 (Marion County Rural)
3. PAYMENT.
3.1 Limitation of Funds, The total funds available under this agreement shall not exceed
the sum of $20,000, 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 Nonappropriations 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 Special Transportation Fund revenues to be
distributed by the District to the Contractor shall not exceed the sum of $20,000,
which amount is authorized in the Contractors (Exhibit D):
3.3,1 Contractor shall submit two completed monthly Reimbursement Reports to
the Specialized Transportation Division for payment. The District will make
payment for expenses reimbursable under this contract. 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
E).
3,3.2 Payments for capital purchases shall be made by reimbursement only,
upon proof of delivery of the capital purchases(s) and presentation to the
Business Services Division of a detailed receipt for the capital item(s).
3.3.3 For monthly operating costs, payments will be made as reimbursement
each month. Aggregate quarterly payments will not exceed one-quarter of
the grant as follows:
PROVIDER 1" Quarter 2nd Quarter 3rd Quarter Ih TOTAL
4 Quarter
City of Woodburn $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 20,000
~,
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STF AGREEMENT (Formula) FY 2002/2003
2
STF 108 (Marion County Rural)
3.3.4 In the event the Contractor has incurred a lump sum operating cost, which
exceeds the quarterly limit; the Contractor may request a larger
reimbursement. Such a request must be sent to the District in writing, and
must identify the nature of the cost(s), which cause the request to exceed
the quarterly limit. The District 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 quarter.
3.3.5 If a request is granted, the STF funds that remain after such
reimbursement shall be divided by the remaining quarters, and the
resultant figure will comprise a new quarterly limit for each remaining
quarters.
3,3.6 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,
3.3.7 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 E but, except as is expressly provided in this agreement.
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.
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CONTRACTOR'S WARRANTIES. '
4.1 Contractor hereby covenants, represents and warrants to 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 C.
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
STF AGREEMENT (Formula) FY 200212003
3
STF 108 (Marion County Rural)
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.
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 expenditure 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.
4.1.8 The Contractor hereby certifies, under penalty of 'perjury, t'l?t the
Contractor is, to the best of it's knowledge, not in violation of any tax laws
described in ORS 305,380 (4), The foregoing certification shall be required
for each contract and renewal or extension of a contract or may be
provided on an annual basis.
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
STF AGREEMENT (Formula) FY 2002/2003
4
STF 108 (Marion County Rural)
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 fumiture 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 D. 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:
6.2 All equipment purchased under this agreement must be utilized solely for the
purpose of ORS 391 ,800 through 391.830.
6.3 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 Special Transportation 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.
6.4 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.
6.5 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 indireptly relate,d to this
agreement shall be supported by properly executed payrolls, time records, itwoices,
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
STF AGREEMENT (Formula) FY 2002/2003
5
STF 108 (Marion County Rural)
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 tirne 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,
, 7.4 Records Retention. The Contractor shall retain all documents pertaining to this
agreement (fiscal, prograrn and administrative) for a rninimum 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 warrant~ that no qtlalified
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, The Contractor shall use all other donations received for
specified purposes for those specified purposes,
STF AGREEMENT (Formula) FY 2002/2003
6
STF 108 (Marion County Rural)
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 audiVreview 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 audiVreview 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 audiVreview 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.
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 audiVreview 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 Bodily injury liability insurance with limits of $200,000 each person and
$500,000 each occurrence.
10.1.2 Property damage liability insurance with minimum limits of $100,000 each
claimant.
10.1.3 A $500,000 combined single limit liability policy may be substituted for
10.1.1 and 10.1.2 so long as the policy covers both bodily injury and
property damage.
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1 0.1.4 If not otherwise provided under the separate insurance policies for bodily
injury liability protection and property damage liability protection, Contractor
agrees to obtain comprehensive form general liability insurance intended to
provide Contractor and District insurance coverage for the maximum limits
of liability permitted by the Oregon Tort Claims Act, ORS 30.260, et seq.
10.1,5 Assumed contractual liability insurance for obligations assumed by
Contractor under Paragraph 11 of this agreement.
STF AGREEMENT (Formula) FY 200212003
7
STF 108 (Marion County Rural)
10.1.6 The Contractor, its subcontractors, if any, and ali employees working under
this agreement are subject employees under the Oregon Workers'
Compensation Law and shali comply with ORS 656,017, which requires
them to provide Workers' Compensation coverage for ali their subject
workers.
10,1.7 AIi contracts of insurance, with the exception of Workers' Compensation
coverage, procured by Contractor shali include the District as an additional
named insured.
10.1.8 AIi policies must have a thirty (30) day notice of canceliation or non-
renewal, unless otherwise agreed to, in writing, by the Contracting Officer.
10,1,9 Contractor shali provide the District with written documentation of insurance
coverages in the form of a Certificate of Insurance not later than twenty-
one (21) days foliowing 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, District may suspend,
pending receipt of such documentation, further payments under this
agreement.
10,1.10 In the event a public body contractor is wholiy or partialiy self-insured, it is
agreed that Certificates of Self-Insurance or other satisfactory evidence of
the governmental body's self-insurance program shali be accepted in lieu
of the Certificate of Insurance required under the above provisions.
10.1.11 Upon the expiration of any insurance coverage specified above, the
District, at its option, will be excused from any further obligation or duty
under this agreement.
11. INDEMNIFICATION.
11,1 Contractor shali 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 ali claims, demands and liability whatsoever,
including but not limited to ali loss, damage, costs, charges, expenses and liability for
injury to or death of any person, or damage to property arising out of or in any way
connected with the performance of the services, and Contractor shali, upon the
District's written request, defend (with legal counsel acceptable to the District) any
suit or action which alieges a claim covered by this indemnity agreement. Contractor
shali 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 shali 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 prdmpt noticl3,.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 shali 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.
STF AGREEMENT (Formula) FY 200212003
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STF 108 (Marion County Rural)
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,
15. ASSIGNMENT.
15,1 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.
16. COMPLIANCE WITH LAWS.
16.1 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.
16.2 Contractor shall comply with all of the provisions of ORS 391.800 through 391.830
and regulations adopted from time to time thereunder and any other statutes, rules,
orders and policies relating to the Elderly and Disabled Special Transportati;"; Fund
program,
16,3 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 FT A Circular 9040.10 and
5010,18, 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
STF AGREEMENT (Formula) FY 2002/2003
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STF 108 (Marion County Rural)
~ ____.__ ~~..,..+w_.__,.__.____.~..._M"
Agreement incorporating the changes to be executed by the parties to this
Agreement.
17. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS.
17.1 Applicability to Contracts. The Transit Employee Protective Provisions apply to
each contract for transit operations performed by employees of a Contractor
recognized by FTA 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.)
17,2 Flow Down. These provisions are applicable to all contracts and subcontracts at
every tier.
17.3 Model Clause/Language. Since no mandatory language is specified, FTA had
developed the following language. Transit Employee Protective Provisions.
17.3.1 The Contractor agrees to the 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 FT A either for projects for elderly individuals
and individuals with disabilities authorized by 49 U.S.C. ~
5310(a)(2), or for projects for nonurbanized 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.
\1 S~10(a)(:>) for Flderly IndividlJals and IndividlJals with Disabilities If
the contract involves transit operations financed in whole or in part
with Federal assistance authorized by 49 U.S,C. ~31 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.
S 5333(b) are necessary or appropriate for the state and the public
body subrecipient 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
STF AGREEMENT (Formula) FY 2002/2003
10
STF 108 (Marion County Rural)
._---.,..........~-_._--_.._.__._-
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,
!l !i::!11 in Nnnurhani7ed Area~ - 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 the terms and conditions of the Special Warranty for the
Nonurbanized 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.
17,3.2 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,
18. ORS COMPLIANCE.
18.1 In performing its obligations under this Agreement, the Contractor agrees to
comply with all applicable state laws including, without limitation, ORS 279.310 to
279.445, each of which is incorporated herein by reference. In addition, the
Contractor agrees to comply with the FTA contract clauses attached hereto and
incorporated by reference herein. In the event of any conflict between the
provisions of this Agreement and the foregoing state statutes, the state statutes
shall control. In the event of any conflict between this Agreement and the FTA
contract clauses, the FTA contract clauses shall control. Not every requirement of
the foregoing state statutes or the FTA contract clauses will apply in each instance
to the performance of each party under this particular contract. The nature of the
obligations of a party under this Agreement will determine which requirements of
state law and FTA contract clauses will apply, Requirements that do not apply will
not be enforced.
1'9. TERMINATION.
19.1 This agreement shall be effective as of the date first written above and shall continue
until June 30, 2003; 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. ' ' ~-
,
19.2 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,
19.3 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
STF AGREEMENT (Formula) FY 200212003
11
STF 108 (Marion County Rural)
19,3.1 If the Contractor fails to provide services called for by this agreement within
the time specified herein or any extension thereof; or
19.3,2 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,
19.3.3 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.
19.4 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.
20. WAIVER.
20.1 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.
21. NOTICE.
21.1 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:
Randall Rohman
Public Works Program Manager
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
DISTRICT:
Jeff Hamm
General Manager
Salem Area Mass Transit District
555 Court Street NE, Suite 5230
Salem, OR 97301-3736
or at such other addresses as either party may designate by written notice to the
other. .'
22. DISPUTE RESOLUTION.
22.1 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
STF AGREEMENT (Formula) FY 2002/2003
12
STF 108 (Marion County Rural)
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.
22.2 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.
22.3 The dispute resolution procedure outlined above shall not affect any party's right to
terminate this agreement pursuant to paragraph 17, or to pursue any other available
legal remedy.
23. SEVERABILITY.
23,1 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.
24. PRIOR AGREEMENTS.
24.1 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.
25. JURISDICTION.
25,1 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.
26. GOVERNING LAW.
26,1 This agreement shall be governed by and construed in accordance with the laws of
the State of Oregon.
27. ATTORNEY FEES.
27.1 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 therefrom.
28. EXHIBITS.
28.1 All exhibits referred to in this agreement are incorporated and made a part of this
agreement. ~,
,
29. COUNTERPARTS.
29.1 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.
STF AGREEMENT (Formula) FY 2002/2003
13
STF 108 (Marion County Rural)
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 Brown, City Administrator
Name & Title
DISTRICT:
SALEM AREA MASS TRANSIT DISTRICT
By:
Jeff Hamm, General Manager
LEGAL COUNSEL:
By:
Ben
AlTACHMENTS
EXHIBIT A - Oregon Revised Statutes 391.800 to 391.830
EXHI BIT B - Oregon Administrative Rules 732-05-000 to 732-10-045
EXHIBIT C - Statement of Work
EXHIBIT 0 - Pro9ram Budget
EXHIBIT E - Monthly Reimbursement Report
:,.,,,
,
S :\3\Jency\committees\grants-lunds-contracts\st1\2OO2\S T F Provider Contract -2002-2003. doc
STF AGREEMENT (Formula) FY 2002/2003
14
STF 108 (Marion County Rural)
- -~_.....,._"..._._,,----~~,,_.~-"._~,-~-,-_._---~~----,..-.,-
EXHIBIT A
OREGON ADMINISTRATIVE RULES
2000 COMPILATION
http://arcweb.sos.stateor. us/ru lesl
Division 5: Special Transportation Fund For Elderly And Handicapped
732-005-0000 Purpose of Rule
732-005-0005 Statutory Authority and Procedure
732-005-0010 Definitions
732-005-0016 Purpose of the Special Transportation Fund
732-005-0021 Administration of Funds by the Public Transit Division
732-005-0027 Eligible Recipients of STF Moneys
732-005-0031 STF Local Advisory Committee Requirements
732-005-0036 Accounting Requirements of the STF Program
732-005-0041 Capital Purchase Requirements
732-005-0046 Audit Requirements
732-005-0051 Reporting Requirements
732-005-0056 Withholding of Funds from a Goveming Body
Division 10: The Special Transportation Fund Formula Program
732-010-0005 Program Purpose
732-010-0010 Applications Procedures for the STF Formula Program
732-010-0015 Applications Procedures for the STF Formula Program
732-010-0020 Application Review
732-010-0025 Service Review
732-010-0030 Disbursement of Funds
732-010-0035 Distribution of STF Formula and Minimum Allocation Moneys by the
Goveming Body
732-010-0040 Use of Funds
732-010-0045 Redistribution of Program Funds
Division 20: The STF Discretionary Program
732-020-0005 Purpose
732-020-0010 Application Procedures for the STF Discretionary Program
732-020-0015 Standards for Selection of the STF Discretionary Grant
732-020-0020 Application Review
732-020-0025 STF Discretionary Grant Evaluation Panel
732-020-0030 Award of Funds
732-020-0035 Use of Funds
732-020-0040 Discretionary Project Monitoring
732-020-0045 Redistribution of Funds
;.~
"
Division 5: Special Transportation Fund For The Elderly And Disabled
732-005-0000
Purpose of Rule
These rules establish the procedures and requirements of the Public Transit Section for
the administration of the Special Transportation Fund (STF) for the Elderly and Disabled
including OAR 732-010 and 732-020.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.800 - ORS 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
732-005-0005
Statutory Authority and Procedure
Oregon Laws 1985, Chapter 816, Section 10(4) and Oregon Laws 1989 Chapter 866,
Sections 7, 8, and 11 require the Public Transit Section to adopt rules necessary for the
administration of the STF.
Stat. Auth.: ORS 323, ORS 391 & Ch. 866, Oregon Laws 1989
Stats. Implemented: ORS 391.800 - ORS 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
732-005-0010
Definitions
(1) "Administrative Allotment" - An amount, disbursed annually, for administrative
expenses of a goveming body in carrying out functions described under ORS 391.800 to
391.830.
(2) "Advisory Committee" - A committee appointed by a goveming body to review, advise,
and assist in the distribution of moneys from the Special Transportation Fund. Members
must be elderly or disabled users or transportation services, transportation providers,
representatives of persons who are elderly or disabled, or persons who are elderly or
disabled without access to public transportation services.
(3) "Capital Purchase" - Equipment or vehicles that have an acquisition cost of $1 ,000 or
more.
(4) "Disabled Person" - Any individual who, by reason of illness, injury, advanced age,
congenital malfunction, or other permanent or temporary incapacity or disability, mafhave
special requirements in using public transportation facilities and services effectively. This
includes any person who uses a wheelchair or has semiambulatory capabilities.
(5) "Discretionary Account" -- A Special Transportation Fund account for distribution of the
remaining cigarette tax receipts set aside following distribution of the three-quarter per
capita formula allocation, minimum allocation and administrative allotment.
(6) "District" -- As used in these rules. a mass transit district or a transportation district.
(7) "Elderly person" -- Any individual 60 years of age or older.
(8) "Formula Allocation" - An amount of STF moneys made available to a goveming body
on the basis of the goveming body's share of resident population in proportion to the
population of the state as a whole.
(9) "Goveming Body" - The board of directors of any district or the goveming body of a
county receiving moneys from the STF.
(10) "List of Services" - A summary provided to the Public Transit Section by a district or
county listing the proposed number of rides, the type of service and budget for providers
receiving moneys from the Special Transportation Fund.
(11) "Mass Transit District" - A special district organized under ORS 267 .010 to 267.390.
(12) "Minimum allocation" - A minimum annual amount for which each district or county
shall be eligible. Each governing body shall have no less than the minimum allocation
made available, irrespective of population, under the STF Formula Program.
(13) "Project" - A service or capital purchase eligible for funding by the Formula Program
or the Discretionary Grant Program which falls within the purposes defined in OAR 732-
005-0000. A project may include, but is not limited to, planning and needs assessment,
training, research, demonstration, capital, and operating requests.
(14)"'Provider" - Any city, county, district, 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.
(15) "Public Transportation Services" - Any form of mass transportation by 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 includes purposes such as health care, shopping,
education, employment, public services, personal business or recreation.
(16)."Representative of Disabled Persons" -- An individual, designated by a goveming
body, who is familiar, knowledgeable or aware of the transportation needs of disabled
persons. For example, such an individual could be a member of an organization that
provides assistance to or representation of disabled individuals
(17) "Representative of Elderly Persons" - An individual, designated by a goveming body,
who is familiar, knowledgeable or aware of the transportation needs of elderly persons. For
example, such an individual could be a member of an organization that provides
assistance to or representation of elderly individuals.
(18) "Special Transportation Fund for Elderly and Disabled (STF)" - Moneys generated by
a tax on cigarettes, or from other sources, appropriated to the Public Transit Section for
distribution to providers of transportation for the purpose of financing and improving
transportation programs and services for the elderly and disabled.
(19) "Section" - The Oregon Department of Transportation, Public Transit Section.
(20) "Transportation District" - A special district organized under ORS 267,.510 to .
267.650. ,j'-
(21) "User of Transportation Services" - An elderly or disabled person who makes use of
transportation programs and services for the elderly and disabled.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.800 - ORS 391.830
His!: 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
732-O05.{)016
Purpose of the Special Transportation Fund
Moneys distributed to providers of transportation under OAR 732-010 and 732-020 may
be used for the following purposes:
(1) Maintenance of existing transportation programs and services for the elderly and
disabled.
(2) Expansion of such programs and services.
(3) Creation of new programs and services.
(4) Planning for, and development of, access to transportation for elderly and disabled
individuals who are not currently served by transportation programs and services.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, Oregon Laws 1995
Stats. Implemented: ORS 391.810 - ORS 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-
006Q(3)(a-d)
732-00S.{)021
Administration of Funds by the Public Transit Section
(1) Public Transit Section shall conduct the necessary activities to manage the Special
Transportation Fund.
(2) After payment of the state administrative costs of the program, the Public Transit
Section shall make available moneys from the STF:
(a) Three-fourths of STF moneys shall be made available annually to goveming bodies on
the basis of population distribution. This will be known as the STF Formula Allocation; and
(b) Of the remaining one-fourth of STF moneys:
(A) An administrative allotment of $2,000 shall be made available annually to each
goveming body;
(B) A minimum allocation shall be made available annually as a supplement to the moneys
made available based on population. This minimum allocation, when combined with
formula moneys, will equal at least $15,000; and
(C) Any remaining moneys shall be set aside to a Special Transportation Fund
discretionary account from which grants may be awarded by the Oregon Transportation
Commission. This is known as the STF Discretionary Program. The ultimate use of the
STF discretionary account shall be for transportation services for the elderly and disabled
as described under ORS 391.830.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, Oregon Laws 1985~.
Stats. Implemented: ORS 391.800 - ORS 391.830 "
His!: 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)
732-O05.{)027
Eligible Recipients of STF Moneys
(1) STF moneys may be distributed to the following:
(a) To districts where they exist;
< ....-----.~-_....".,..~_....,._,--,.__.,._._...,-,--_.-
(b) To counties where no districts exist; and
(c) If two or more districts are located in one county, the monies shall be distributed to the
mass transit district. If there is no mass transit district located in the county, then the
moneys shall be distributed to the transportation district with highest population.
(2) Districts and counties receiving STF moneys are known as goveming bodies.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, OL 1985
Stats. Implemented: ORS 391.810
His!': 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)
732-00S.{)031
STF Local Advisory Committee Requirements
(1) The goveming body of each mass transit district, transportation district, or county that is
eligible to receive STF moneys shall appoint an advisory committee to advise and assist
the goveming body.
(2) To be qualified to serve on the advisory committee an individual shall:
(a) Reside in the county; and
(b) Be an elderly or disabled user of transportation services in the district or county; or
(c) Be an individual who represents a service that is engaged in providing transportation
services to the elderly or disabled within the district or county. The provider representative
may reside outside the district or county;
(d) An elderly or disabled person who lives in an area of the district or county where there
are no public transportation services;
(e) A representative of elderly persons; or
(f) A representative of disabled persons.
(3) Members and employees of the governing body may not serve as voting members on
the advisory committee.
(4) The purpose of the advisory committee is to advise and assist the goveming body in
carrying out the purposes of the STF:
(a) The advisory committee may consider specific providers, services and funding levels
for elderly and disabled transportation and submit recommendations to the goveming
body;
(b) The advisory committee shall review the proposed distribution of formula moneys by
the goveming body;
(c) The advisory committee shall review STF discretionary grant proposals and make
recommendations to the goveming body; , .
(d) The advisory committee may propose any changes to the proposed STF distributiOn it
considers necessary;
(e) The advisory committee, in carrying out its functions. may review proposals, evaluate
needs. consider costs of service, evaluate service quality, review operating policies,
monitor performance, and receive operating reports.
(5) The advisory committee shall:
(a) Adhere to Oregon Public Meetings Laws at all meetings;
(b) Have at least three voting members;
(c) Meet a sufficient number of times so as to advise the governing body in carrying out the
purposes of the STF.
(6) The number and terms of the members of the advisory committee shall be determined
by the governing body.
(7) The goveming body shall notify the Section of advisory committee membership,
including changes in membership by filing a Roster of Advisory Committee Members with
its application for funds or by filing an amended Roster of Advisory Committee Members.
(8) The goveming body shall make copies of advisory committee minutes and meeting
notices available to the Public Transit Section upon request.
Stat. Auth.: ORS 323, ORS 391, Ch. 816, Oregon Laws 1985 & Ch. 866, Oregon Laws
1989
Stats. Implemented: ORS 391.820
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
732-00S.{)036
Accounting Requirements of the STF Program
(1) The goveming body shall receive and disperse STF moneys from a separate
govemmental fund.
(2) Inspection of Records and Services:
(a) STF recipients shall permit the Section, the Secretary of State of the State of Oregon,
or their authorized representatives, upon reasonable notice, to inspect all transportation
services provided by the STF, recipient, or any organization acting on the STF recipient's
behalf;
(b) STF recipients shall permit the Section, 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 and its management, as well as the physical premises
and equipment of the system.
(3) Record Retention:
(a) The goveming body shall maintain all financial records for at least three years after the
Section's final disbursement for the fiscal year;
(b) The goveming body shall maintain all records relating to capital purchases for three
years after disposition of equipment.
Stat. Auth.; ORS 323, ORS 391, Ch. 816, Oregon Laws 1995 & Ch. 866, Oregon Laws
1989 ' ' ~.
.,
Stats. Implemented: ORS 391.810
His!.: 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
732.{)OS.{)041
Capital Purchase Requirements
(1) Capital equipment may be purchased with STF moneys. Equipment must be used for
the purpose of providing elderly and disabled transportation:
(a) Any vehicles purchased in whole or in part with STF moneys shall be registered with
the Oregon Department of Transportation Driver and Motor Vehicle Services Branch in the
name of the goveming body or in the name of the organization receiving the equipment;
(b) If the vehicle is registered in the name of the organization receiving the equipment, and
that organization is not the goveming body, the governing body will be listed on the vehicle
title as security interest holder.
(2) When the equipment is no longer needed for elderly and disabled transportation, the
net proceeds from a sale or an amount equal to that value must be returned to the local
STF. If other funds were used in the purchase, then only the proportion representing STF
participation shall be retumed to the STF.
(3) The goveming body shall notify the Section of the sale of equipment purchased with
STF moneys and report the use of proceeds from such sale.
Stat. Auth.: ORS 323, ORS 391, Ch. 816, Oregon Laws 1985 & Ch. 866, Oregon Laws
1989
Stats.lmplemented: ORS 391.810 - ORS 391.830
His!:: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; pm 1-1989(Temp), f. &
cert. ef. 12-29-89; PTD 1-1990, f. & cert. ef. 5-31-90; Renumbered from 732-005-0075
732-00S.{)046
Audit Requirements
(1) STF moneys shall be specifically addressed in the governing body's annual audit. If
requested by the Section, the district or county shall provide the Section with a copy of the
audit report.
(2) The Section may request additional information including, but not limited to, audits of
specific projects or services.
Stat. Auth.: ORS 323, ORS 391, Ch. 816, Oregon Laws 1985 & Ch. 866, Oregon Laws
1989
Stats. Implemented: ORS 391.810
Hist.: PTD 1-1986, f. & ef. 1-10-86; pm 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
732-00S.{)051
Reporting Requirements
(1) Purpose:
(a) To ensure that STF moneys are being used for the purpose of financing and improving
transportation programs for the elderly and disabled;
(b ) To measure the effects of the program;
(c) To provide information to the legislature.
(2) Requirements:
(a) The district or county shall submit, or require its providers to submit, a quarterly report
to the Public Transit Section;
(b) For projects funded by the Formula Program, a report form, provided by the Section,
shall be completed for each provider on the list of services. The reports shall contain
information about the nature and scope of services provided;
;...~
.;
" .. - ----- .._---_.,--_._._,~--.._..._. ..---.---.-.- "._---~..._---"' .. - ,,- _..._-_....,-~--
(c) The county or district may require additional reporting information from its providers;
(d) Reports shall be due within 45 days following the end of a quarter;
(e) For projects funded by the discretionary program, a report form will be provided by the
Section to be completed as required.
Stat. Auth.: ORS 323, ORS 391, Ch. 816, Oregon Laws 1995 & Ch. 866, Oregon Laws
1989
Stats. Implemented: ORS 391.810 thru ORS 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 732-005-0085
732-00S.{)OS6
Withholding of Funds from a Governing Body
(1) The Section may withhold payment of STF moneys if:
(a) The funds are not being used in accordance with these rules;
(b) 1,\11 required reporting has not been submitted; or
(c) There are any unresolved audit findings relating to the STF.
(2) If audit findings indicate STF moneys were used improperly, the governing body shall
repay the STF that portion used improperly.
Stat. Auth.: ORS 323, ORS 391, Ch. 816, Oregon Laws 1985 & Ch. 866, Oregon Laws
1989
Stats. Implemented: ORS 391.810 thru ORS 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 732-005-0050
Division 10: The Special Transportation Fund Formula Program
732-010.{)00S
Program Purpose
The STF formula program is intended to provide a reliable and continuing source of
revenue in support of transportation services for the elderly and disabled.
(1) Revenues from the Special Transportation Fund are made available in an annual
allocation cycle.
(2) STF goveming bodies may apply at any time during the annual cycle.
(3) Money is paid regularly to the goveming body upon approval of application.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.810
His!.: PTD 1-1990, f. & cert. ef. 5-31-90
~.
I
732-01 0.{)01 0
Formula Distribution
For those STF moneys distributed by formula:
(1) Each county or district shall receive a portion of the STF monies based on the county's
share of the state population.
(2) The county population shall be determined by the most recent annual estimate of
population of cities and counties by the State Board of Higher Education (ORS 190.510 to
ORS 190.610).
(3) The Public Transit Section shall estimate distributions each January to be effective the
following July 1. If necessary, the estimate may be adjusted to reflect actual tax receipts.
(4) The Public Transit Section shall distribute STF monies regularly.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, Oregon Laws 1985
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(2-
5)
732-D10.{)015
Applications Procedures for the STF Formula Program
For those moneys allocated by formula, administrative allotment and minimum allocations,
the goveming body shall submit a complete application on forms supplied by the Public
Transit Section. The application shall include the following information:
(1) Roster of the Advisory Committee members. The roster shall include each member's
name, address and an indication of whether they are:
(a) Users of elderly and disabled transportation;
(b) Providers of elderly and disabled transportation;
(c) An elderly or disabled person who lives in an area of the district or county where there
are no public transportation services;
(d) A representative of elderly persons; or
(e) A representative of disabled persons.
(2) An assurance that the Advisory Committee has met and acted in accordance with
these rules and advised the goveming body prior to the submission of the application.
(3) A list of services including the names and addresses of the providers, the type of
service to be provided, service area, and amount of funding anticipated.
(a) The goveming body may amend the list at any time by filing an amended list with the
Section;
(b) The total cost estimate of all services listed and any contingency shall not exceed the
sum of the annual distribution estimate as supplied by the Section, prior year STF moneys
remaining available in the state account, and the STF moneys on hand in the local
goveming body STF account. ' .~.
(4) Planning and development projects shall also be listed and described in the list of
services. The description shall identify who would do the work, when it would begin and be
completed, and what purposes or products are to be achieved.
(5) Capital purchases shall also be described on the list of services.
(6) If an applicant is a district, a breakdown of the county population indicating the number
of individuals who live within the district, and the number who live in the county outside the
district, shall be provided to the Section. The proportion shall be based on the last federal
decennial census.
(7) The district shall provide a description of the method used to substantiate the
population figures. The district shall provide a breakdown of expenditures both inside and
outside the district. The Section shall review and approve or disapprove the method and
the proposed expenditures.
(8) Other information pertaining to the proposed service and uses of funds as may be
requested by the Section.
(9) Signature of authorized official (chairman or general manager) of the governing body.
(10) The governing body shall identify the source and amount of funds contributing to its
total program of providing transportation services to the elderly and disabled.
(11) The governing body shall identify funds held in contingency and describe a plan for
their use.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.810 thru ORS 391.830
Hist.: PTD 1-1986, f. & ef. 1-10-86; pm 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 732-005-0020
732.{)10.{)020
Application Review
(1) The Public Transit Section shall review applications to determine if program
requirements have been met. If not, the Section may ask for further information or
clarification or may disapprove the application and advise the governing body of the
grounds for disapproval.
(2) Grounds for disapproval may include, but are not limited to, the following:
(a) No advisory committee or improper membership;
(b) Advisory committee failure to meet and confer;
(c) Governing body failure to confer with the advisory committee;
(d) For formula applications by districts, disproportionate allocation inside and outside
district boundaries;
(e) The use of STF moneys to supplant the governing body's local appropriation currently
used to provide elderly and disabled transportation services;
(f) Failure to comply with required assurances; and
(g) Funds are not being used in accordance with OAR 732-005-0000 to 732-010-0045.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, Oregon Laws 1985
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: PTO 1-1990, f. & cert. ef. 5-31-90; Renumbered from 732-005-0030
, .
~~
"
732-O10.{)025
Service Review
(1) The Section shall review the proposed list of services in each application. The Section
shall consider material submitted in the application, information fumished by providers,
and other information it may receive as the basis for funding approval.
(2) Grounds for disapproval of funding for service shall include, but is not limited to, a
finding by the Section that:
_..--,- .-..-~._~-~_.~-_.._._'~,-,,--,-+,-~,~ '-.._-"'-'-"'---'"~----'---_.".'-
(a) A provider of service is in clear violation of state or local laws or regulations governing
passenger transportation;
(b) A provider of service is in clear violation of the laws or rules of this program or is
improperly using program funds;
(c) A provider of service is incapable of performing or has not performed the service in a
safe, prudent and timely manner.
(3) Reviews by the Section shall cover the provider and type of service to be provided.
(4) Disapproved services, planning, or capital projects can be improved and resubmitted
through an amended list of services.
(5) The governing body shall retain authority over costs and allocations within its
jurisdiction and may shift funds among approved providers as necessary for the desired
services:
(a) Adding new providers requires Section approval; and
(b) Changes in the distribution offunds among already approved providers does not
require Section approval.
Star. Auth.: ORS 323, ORS 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.810 - ORS 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 732-005-0035
732-O10.{)030
Disbursement of Funds
Upon approval of the application the Section shall disburse the funds.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.810
Hist.: PTD 1-1986, f. & ef. 1-10-86; pm 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 732-005-0040
732-O10.{)035
Distribution of STF Formula and Minimum
Allocation Moneys by the Governing Body
(1) Distribution by districts:
(a) Each district that receives STF moneys shall distribute those 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(s) in which all
or a portion of the district is located; ,
(b) The district is responsible for funding providers both within its boundaries and outSide
them in the surrounding county(s);
(c) Services outside the district shall receive a proportionate amount of the STF based on
the population outside the district;
(d) The proportion shall be based on the last federal decennial census.
(2) Distribution by counties: Each county that receives STF moneys shall distribute those
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.
(3) The goveming body of a district or county shall:
(a) Consult with its advisory committee; determine the amount of money to be distributed
to a provider of transportation and the purposes for which the money must be used;
(b) Assure that the funds are to be used for purposes permitted in these regulations;
(c) Assure that providers included in the list of services continue to use the funds for the
purposes permitted in these regulations; and
(d) Distribute the funds on a regular basis to the providers included in the list of services
submitted to the Public Transit Section.
(4) STF moneys shall be received and disbursed from a separate governmental fund.
(5) If any interest is earned by the goveming body from investments of STF moneys it shall
remain in the local STF account and shall be used for the local STF program.
(6) The goveming body shall enter into written agreements with transportation providers.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, Oregon Laws 1985
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. 12c29-89; PTD 1-1990, f. & cert. ef. 5-31-90; Renumbered from 732-005-0045
732-O10.{)040
Use of Funds
The uses of the STF moneys may include such expenses as operating costs, capital
costs, and management costs directly associated with the provision of services incurred by
transportation providers.
(1) The STF moneys may be used as matching funds for other state and federal programs
that also provide transportation service to the elderly and disabled.
(2) The administrative allotment may be used for administrative expenses associated with
the distribution of STF moneys by the governing body up to $2,000 annually. Such
expenses include establishing and staffing of the advisory committee, distribution of STF
moneys, monitoring the use of STF moneys, and preparation of the application for funds.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.830
His!.: 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(1-
2)
732-O10.{)045
Redistribution of Program Funds I
For formula moneys, the Public Transit Section shall redistribute funds that have notlleen
requested after three years to participating goveming bodies.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.810
Hist.: PTO 1-1986, f. & ef. 1-10-86; PTO 1-1987, f. & ef. 11-24-87; PTO 1-1989(Temp), f. &
cert. ef. 12-29-89; PTD 1-1990, f. & cert ef. 5-31-90; Renumbered from 732-005-0055
_~_ _.__ _'~ "_~____ ................_m_"~_._____..._.____".-+---~__~~.~..
Division 20: The Stf Discretionary Program
732-020-000S
Purpose
The discretionary program is intended to provide a flexible resource for addressing the
special transportation needs of the elderly and disabled:
(1) The discretionary program is a competitive award process.
(2) Discretionary projects are funded on merit of proposal in comparison with other
applicants.
(3) Discretionary program grants are time limited, non-continuing awards.
(4) Discretionary proposals must meet the standards for selection outlined in OAR 732-
020-0015 to be eligible for award.
(5) Discretionary grants are awarded on an annual cycle.
(6) STF discretionary grant requests for planning and capital projects may be awarded in
separate cycles in coordination with other Public Transit Section grant programs.
(7) A discretionary grant may be awarded for up to three years.
(8) Each governing body may submit applications for projects within its service area.
(9) The Oregon Transportation Commission may set aside discretionary funds for
accomplishing specific objectives that benefit transportation for elderly and disabled.
Stat. Auth.: ORS 183.616 & ORS 391.810
Stats. Implemented: ORS 391.815
Hist.: PTD 1-1990, f. & cert. ef. 5-31-90; PTD 1-1994, f. & cert. ef. 12-30-94
732-O20.{)010
Application Procedures for the STF Discretionary Program
(1) For those moneys distributed for discretionary grant projects the governing body shall
submit applications in a format established by the Section. The application shall include
but not be limited to:
(a) Assurance that the governing body and the advisory committee support the project;
(b) The goals or objectives to be achieved by the project;
(c) Documentation of the need for the project;
(d) A description of the expected results or outcome of the project;
(e) A description of the method to achieve the project;
(f) A budget plan for the project; and
(g) A time frame for the project.
(2) Applications that include vehicle requests shall include:
(a) A plan for vehicle acquisition and replacement; and
(b) Assurance of appropriate operating and maintenance procedures.
);.J
,
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, Oregon Laws 1985
Stats.lmplemented: ORS 391.815
His!.: PTD 1-1990, f. & cert. ef. 5-31-90
732.{)20.{)015
Standards for Selection of the STF Discretionary Grant
--.-,.. '-'-'--"'-"1"~-'------------'~""-"__~"'__~~
Standards for selection of discretionary projects shall be established by the Oregon
Transportation Commission to include the following:
(1) Applications shall include a matching contribution from local resources as determined
by the Oregon Transportation Commission. Local resources may include STF formula
moneys or in-kind resources when determined by Public Transit Section to be appropriate
to the proposal.
(2) The application for anyone governing body shall be no greater than 50% of the annual
discretionary grant account.
(3) A discretionary proposal for raising operating levels shall not exceed one-third of the
current annual STF formula program allocation for the governing body.
(4) Applications must document coordination of area transportation resources.
(5) Proposed projects shall be consistent with Local Transportation System Plans, where
such plans exist.
Stat. Auth.: ORS 184.616 & ORS 391.810
Stats. Implemented: ORS 391.815
Hist., PTD 1-1990, f. & cert. ef. 5-31-90; PTD 1-1994, f. & cert. ef. 12-30-94
732-020-0020
Application Review
(1) The Public Transit Section will establish a process for discretionary application review
which shall include, but not be limited to:
(a) An initial screening by Public Transit Section of applications for compliance with
standards and assurances of appropriate management, accounting and procurement
practices;
(b) A review of applications to determine if program requirements as specified in OAR 732-
005-0015 have been met. If program requirements are not met, the Section may ask for
further information or clarification or may recommend disapproval of the application to the
Oregon Transportation Commission and advise the goveming body of the grounds for
recommending disapproval;
(c) Grounds for the Section to disapprove an application may include, but are not limited
to, the following:
(A) No advisory committee, or improper membership;
(B) Governing body failure to confer with the advisory committee; and
(C) Funds are not being used in accordance with OAR 732-005-0000 to 732-020-0045.
(d) A review conducted by the appointed STF grant evaluation panel based upon
established criteria pursuant to OAR 732-020-0020(2);
(e) An opportunity for the applicant to comment and provide further information; and
I .
(f) After consideration of the evaluation panel's review, the Section shall submit a fin&t.
recommendation for funding to the Oregon Transportation Commission.
(2) Criteria for review and selection of discretionary projects shall be established by the
Oregon Transportation Commission. Criteria used for review and selection shall include
but not be limited to assessment of:
(a) Demonstrated local support for the project;
(b) The need for the proposed project;
(c) The effectiveness of the proposed project;
(d) The efficiency of the proposed project;
(e) The appropriateness in scope or scale of the project;
(f) A satisfactory history of performance, if appropriate; and
(g) Consistency with state and local priorities and needs as identified in planning
documents.
(3) Projects eligible for discretionary grants include:
(a) Planning and needs assessment projects;
(b) Training, research and demonstration projects;
(c) Capital request projects; and
(d) Operating request projects.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.815
His!.: PTD 1-1990, f. & cert. ef. 5-31-90
732-O20.{)025
STF Discretionary Grant Evaluation Panel
The Public Transit Section will establish statewide and/or regional grant evaluation panels
to review proposals and recommend project awards.
(1) The grant evaluation panel will be composed of members with extensive knowledge of
elderly and disabled transportation:
(a) Members of the panel may not benefit monetarily from any funding decision; and
(b) The Public Transit Section shall appoint individuals to serve on the grant evaluation
panel. The Section may solicit nominations from state agencies, organizations
representing senior and disabled citizens, the community, local transportation planners
and the transportation service industry.
(2) The grant evaluation panel shall:
(a) Review proposals, evaluate needs, consider costs of services, evaluate service quality,
and review operating policies and performance;
(b) Recommend applications for discretionary funding to the Section for approval;
(c) Adhere to the Oregon Public Meetings Law; and
(d) Review and recommend standards and criteria for discretionary grants to the Section.
Stat. Auth.: ORS 184.616 & ORS 391.810
Stats. Implemented: ORS 391.815
Hist.: PTD 1-1990, f. & cert. ef. 5-31-90; PTD 1-1994, f. & cert. ef. 12-30-94
732-O20.{)030
Award of Funds ,~.
Upon approval of the grant applications by the Oregon Transportation Commission, the
Public Transit Section will award funds:
(1) For planning, needs assessment, research, demonstration and operating projects:
(a) Payments will be made based on reported expenditures; and
(b) Final payment will be made upon receipt of final reports.
(2) For capital projects, payment may be made upon receipt of vendor invoice or billing.
(3) Other arrangement for payment is at the discretion of the manager of the Public Transit
Section.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.815
Hist.: PTD 1-1990, f. & cert. ef. 5-31-90
732.{)20.{)035
Use of Funds
The uses of the STF moneys may include such expenses as operating costs, capital
costs, and management costs directly associated with activities conducted to complete the
project.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.815
Hist.: PTD 1-1990, f. & cert. ef. 5-31-90
732-O20.{)040
Discretionary Project Monitoring
(1) The Public Transit Section shall monitor each discretionary project on an ongoing basis
by:
(a) Review of project reports;
(b) An annual on-site visit to the goveming body; and
(c) Review of other information as appropriate.
(2) Discretionary grants may be terminated or suspended by the Section before the date
indicated in the project time frame. Grounds for termination or suspension of a project shall
include, but are not limited to, a finding by the Section that:
(a) A project is in clear violation of state or local laws or regulations governing passenger
transportation;
(b) A project is in clear violation of the laws or rules of this program, or is improperly using
program funds; and
(c) A project is incapable of being performed, or has not been performed, in a safe,
prudent and timely manner.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, Oregon Laws 1985
Stats.lmplemented: ORS 391.815
His!.: PTD 1-1990, f. & cert. ef. 5-31-90
732-O20.{)045
Redistribution of Funds
For Discretionary Account moneys, the Public Transit Section will return funds awarded,
but not used, back to the Discretionary Account upon termination of a grant.
:;.,,,
"
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391_815
His!.: PTD 1-1990, f. & cert. ef. 5-31-90
EXHIBIT B
OREGON REVISED STATUTES
1999 EDITION
ELDERLY AND DISABLED TRANSPORTATION
http://landru.leg.state.or.us/ors/391.html
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 and counties as provided in ORS 391.810.
(2) The Elderly and Disabled Special Transportation Fund shall consist of:
I
(a) Moneys transferred to the fund under ORS 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 such moneys.
(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 such investments shall be credited to the
Elderly and Disabled Special Transportation Fund. [1985 c.816 s.9; 1987 c.62
s.1; 1989 c.224 s.66]
391.810 Distribution of funds to districts and counties. (1) The Department
of Transportation shall distribute three-quarters of the moneys in the 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 and to those counties in
which no part of a mass transit district or transportation district is located as
follows:
(a) Each such district shall receive that share of the moneys as the population.9J
the counties in which the district is situated, determined under ORS 190.510 to'"'
190.610 last preceding such apportionment, 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.
hltp:l/landru.leg.slale.or.~_.ors/3g1.hlml
(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 1,90.510 to 190.610 last preceding such apportionment, bears to the
total population of the state.
(2) After the requirements of subsection (1 )(a) and (b) of this section have been
met, the remainder of the moneys in the Elderly and Disabled Special
Transportation Fund shall be distributed to the districts and counties described in
subsection (1) of this section by the Department of Transportation as follows:
(a) Each such district or county that receives a share of the moneys in proportion
to population under subsection (1) of this section shall receive an amount, which
shall be fixed by the Oregon Transportation Commission by rule, but not in
excess of $2,000 annually, to be used to defray the administrative expenses of
the district or county in carrying out its functions under ORS 391.800 to 391.830.
(b) Each such district 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, to be determined by the Oregon Transportation
Commission by rule, which minimum amount shall be distributed to providers of
transportation for use as specified under ORS 391.830 (4).
(c) Each such district 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
met, if any moneys remain in the Elderly and Disabled Special Transportation
Fund they shall be set aside and transferred to a discretionary grant account
established under ORS 391.815.
(3) The Department of Transportation shall not distribute moneys to a mass
transit district, transportation district or county under this section unless the
district or county has appointed an advisory committee under ORS 391.820.
(4) The Department of Transportation shall adopt rules necessary for the
administration of ORS 391.800 to 391.830.
(5) Each district or county described in subsection (1) of this section js
specifically authorized to enter into an agreement with another or other such :;"
districts or counties under ORS 190.003 to 190.130 in order to facilitate the
performance of the functions authorized under ORS 391.830. [1985 c.816 s.10;
1989 c.224 s.6?; 1989 c.866 s.8]
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 remainder of the moneys in the Elderly and Disabled
http://landru.leg.slale.or.L ,rs/391.hlml
Special Transportation Fund shall be set aside and transferred to a discretionary
grant account, which account is established as an account in the Elderly and
Disabled Special Transportation Fund.
(2) The moneys in the discretionary grant account established under subsection
(1) of this section are continuously appropriated to the Department of
Transportation for the purpose of distribution for ultimate use for transportation
and services to the elderly and disabled as described under ORS 391.830 (4).
However, only such of the moneys that are specifically directed by the Oregon
Transportation Commission under subsection (4) of this section, to be distributed
to a district or county as described in ORS 391.810 (1), shall be distributed to
that district or county.
(3)(a) Any district or county described in ORS 391.810 (1) may make application
to the Department of Transportation for a distribution from the discretionary grant
account established under subsection (1) of 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 of Transportation shall cause
the application to come to the attention of the Oregon Transportation
Commission, which shall, after consideration, approve or deny the application, in
whole or in part.
(c) The Oregon Transportation 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 Oregon
Transportation Commission shall direct the Department of Transportation to
distribute the dollar amount approved to the applying district or county. [1989
c.866 s.10]
391.820 Advisory committees; membership; duties. (1) The governing body
of each mass transit district, transportation district and county that is eligible to
receive 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:
htlp:l/landru .leg. state .or.u"urs/391.html
(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 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) An advisory committee appointed under this section shall review the
distribution of moneys by the goveming body of a district 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 s.11; 1987 c.532 s.1;
1989 c.224 s.68]
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 those 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 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 those moneys to
providers of transportation for the purpose of financing and improving .
transportation programs and services for the elderly and disabled residents of'T'
the county.
(2) The governing body of a district 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)
htlp:/IIandru.leg.state.or.us/ors/391.html
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.
(3) Any provider of transportation receiving funds prior to January 1, 1986, from
any governmental unit or agency for purposes related to the transportation
needs of the elderly or disabled is eligible to receive moneys from a district 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 of Transportation, the increase in moneys
received under ORS 391.810 under this section and ORS 323.030, 323.086 to
323.091,323.455,391.810 and 391.815 shall not be used to supplant moneys
currently appropriated by counties or districts for elderly and disabled
transportation projects.
(6) As used in this section, .provider of transportation" includes a city, county,
district 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 s.12; 1989 c.224 s.69;
1989 c.866 s.11]
Note: ORS 323.086 to 323.091 were repealed by section 179, chapter 79,
Oregon Laws 1995. The text of ORS 391.830 was not amended by Ejnactmen.t of
the Legislative Assembly to reflect the repeal. Editorial adjustment of ORS .';"
391.830 for the repeal of ORS 323.086 to 323.091 has not been made.
EXHIBIT C
SPECIAL TRANSPORTATION FUND (STF)
STATEMENT OF WORK
CITY OF WOODBURN
BACKGROUND:
The City of Woodburn is a municipal corporation which provides the full range of
municipal services with the exception of fire protection to residents of the city.
The city=s Public Works Department as one of its functions, provides public
transportation services, fixed route bus and paratransit to the residents of the
city. Special Transportation Fund (STF) supports the Dial-A-Ride program,
Dial-A-Ride provides transportation to elderly and disabled individuals for any
purpose within the Woodburn city limits. It also provides transportation for
medically related appointments to out of town destinations from Salem to
Portland and in between,
SERVICES PROVIDED:
The Dial-A-Ride program is 100% dedicated to the city=s elderly and disabied
residents who will benefit from Fiscal Year 2002-2003 STF funding,
A paratransit van service provides door-to-door service to the generai 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 9am to
5pm, This service provides the Americans with Disabilities Act (ADA)
complementary paratransit that is required of the city because of the fixed route
bus service provided, The paratransit van provides the majority of trips to the
general elderly population. The city feels general elderly service is an
important element of the Dial-A-Ride program.
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 themsj3lves and work
under the city=s Retired Senior Volunteer Program (RSVP), ~,
It is anticipated that during Fiscal Year 2002-2003 that the paratransit van will
provide approximately 7,000 rides and the volunteer driver program will provide
approximately 3,000 rides,
CONTRACT #: 108 CITY OF WOODBURN
AGENCY NAME: CITY OF WOODBURN
EXHIBIT D
PROGRAM REVENUES
INCOME SOURCES
PROPOSED
REVENUE
FUNDED
REVENUE
Federally Generated Revenue
Section 3037 (Job Access)
Section 5307
Section 5309
Section 5310
Section 5311
5TP Surface Transportation Program
OMAQ - Congestion Mil. Air Quality
OTIB . OR Transportation Infrastructure
Other:
$
$
42,139
42,139
State Generated Revenue
STG - Special Transportation Grant
Other State Grant Awards: (List Below)
Locally Generated Revenue
Foundations/Donations 4,000 4,000
In-Lieu/General Fund
STF Special Transportation Fund 25,000 20,000
Local Taxes and Fees 119,078 119,078
Interest Earnings 21,899 21,899
Advertising
Package Delivery
Service Contract Revenue: (List Below)
Local Event Contract Service
AFS Contract
DHS Contract
Other
Operating Revenue
Fare Box 20,500 20,500
Charter Bus Revenue
Special Service Revenue
Capital Related Revenue
Sale of Surplus Vehicies/Equipment/Facilities ~,
Non-Cash Contributions
Non-Cash Contributions
Value of Volunteer Serevices 18,000 18.000
Value of Service or Supplies
Value of Administrative Overhead
TOTAL PROGRAM REVENUES $ 250,416 $ 245,416
CONTRACT #: 108 CITY OF WOODBURN EXHIBIT D
AGENCY NAME: CITY OF WOODBURN
PROGRAM BUDGET
PROPOSED APPROVED
ADMINISTRATIVE EXPENSES EXPENSES EXPENSES
Salary & Fringe Benefits:
Executive Director $ $
Fiscal Officer
Administrative Assistant
Program Manager 13,464 12,464
Secretary/Clerical 15,420 14,920
Fringe Benefits 10,698 10,698
Rent/Leases:
Facility
Office Equipment
Overhead/Uti lities/Janitorial:
Telephone 2,300 2,300
Facility Maintenance 13,179 13,179
Administrative Employee Training
Travel
Training
Marketing/Public Involvement:
Advertising 600 600
Professional Services
Printing 1,200 1,200
Contract Services:
Legal
Audit
Other Professional Services
Admin Drug/Alcohol Testing:
Drug Testing 900 900
Other Admin Expenses
Mileage Reimbursement ;,;....
Postage 250 250
Office Suppiies 1,100 1,100
Miscellaneous Expenses 200 200
Total Administrative Expenses $ 59,311 $ 57,811
CONTRACT #: 108 CITY OF WOODBURN EXHIBIT D
AGENCY NAME: CITY OF WOODBURN
PROGRAM BUDGET
PROPOSED APPROVED
OPERATING EXPENSES EXPENSES EXPENSES
Salary/Fringe Benefits:
DispatchfTransit Coordinator Personnel $ 15,420 $ 15,420
Paid Drivers 66,293 64,293
Volunteer Drivers 18,000 18,000
Maintenance Personnel 5,290 5,290
Fringe Benefits 29,634 29,134
Operations Employee Training:
Travel
Training 550 550
Vehicle Maintenance:
Tires 3,000 3,000
Fuel and Oil 11,200 11,200
Spare Parts 4,600 4,600
Transit Service Contracts
Transit Vehicle Maintenance Contract 5,200 5,200
Vehicle Insurance 2,900 2,900
Other Operating Expenses:
License/Fees
Volunteer Reimbursement 15,500 14,500
Uniforms 450 450
Contingencies 6,568 6,568
Total Operating Expenses $ 184,60'5 $ 181,10'5
CAPITAL EXPENSES
Vehicle Purchase/Rehabilitation
Capital Reserve Account 6,500 6,500
Vehicle Lease
Total Capital Expenses $ $ ;....
6,50'0' 6,50'0'
PLANNING EXPENSES
Administrative (Agency Expenses)
Consultatnt Expenses
Total Planning Expenses $ $
TOTAL PROGRAM BUDGET $ 250',416 $ 245,416
Monthly Report FY 2002/2003
EXHIBIT E
PROVIDER
Agreement Number:
Project Name:
Project Manager:
Mailing Address:
Telephone Number:
Section 1
Operating Statistics
Month that reporting period covers:
Days operated in reporting period:
Weekdays:
Vehicle service miles
this month?
Weekend Days:
Total:
Vehicle service
hours this month?
Vehicle revenue miles
this month?
Vehicle revenue
hours this month?
Volunteer Miles
this month?
Volunteer Hours
this month?
Disabled Clients:
General Public:
Senior Citizens:
Children ':
How many one-way trips did you provide the past month?
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.
-
Monthly Report FY 2002/2003
Section 2 Administrative Expenses
Approved
Budget
Expenses
ADMINISTRATIVE EXPENSES
Salary & Fringe Benefits:
Executive Director
Fiscal Officer
Administrative Assistant
Program Manager
Secretary/Clerical
Fringe Benefits
Rent/Leases:
Facility
Office Equipment
Overhead/Utilities/Janitorial:
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
OtherAdmin Expenses:
Mileage Reimbursement
Postage
Office Supplies
Miscellaneous Expenses
Total Administrative Expenses
Current Month
Expenses
EXHIBIT E
Year-to-Date
Expenses
I;"~
,
Monthly Report FY 2002/2003
Section 3 Operation Expenses
Salary/Fringe Benefits
DispatchfTransit 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/Fees
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
TOTAL OPERATING EXPENSES
TOTAL ADMINISTRATIVE EXPENSES
TOTAL PROGRAM BUDGET
Approved
Expenses
Current Month
Expenses
EXHIBIT E
Year-to-Date
Expenses
0,.'
,
Monthly Report FY 2002/2003
Section 6 Program Revenues
1. Federally Generated R~venue
Section 3037 (Job Access)
Section 5307
Section 5309
Section 5310
Section 5311
STP Surface Transportation Program
OMAQ-Congestion MIl. Air Quality
OTIB-OR Transportation Infastructure
Other:
2. State Generated Revenue
STG-Special Transportation Grant
Other Stale Grant Awards: (List)
3. Locally Generated Revenue
Foundations/Donations
In-Lieu/General Fund
STF Specail Transportation Fund
Local Taxes and Fees
Interest Earnings
Advertising
Package Delivery
Service Contract Revenue: (List)
4. Operating Revenue
Fare Box
Charter Bus Revenue
Special Service Revenue
5. Capital Related Revenue
Sale-Surplus Vehicles/EquipmenVFacillties
Approved
Revenue
Current Month
Revenue
EXHIBIT E
Year-to-Date
Revenue
~~
"
!(;Ionthly Report FY 2002/2003
Section 6: Program Revenues
(continued)
6. Non-Cash Contributions
Non-Cash Contributions: (List)
Value of Volunteer Services: (List)
Value of Services or Sup~lies: (List)
Value of Admin Overhead: (List)
TOTAL PROGRAM REVENUES
Approved
Revenue
Current Month
Revenue
EXHIBIT E
Year-to-Date
Revenue
\
'';'
. rvlonthly Report FY 2002/2003
EXHIBIT E
Section 6 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 x% of the Gross Program Expenditures or $ x per month,
which is 1/12th of $ x for operating expenses for which is the total STF fundin9 for
FY 200212003.
The above information is true and accurate to the best of my knowledge.
Signed:
Date:
Specialized Transportation Division:
Signed:
Date: