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Res 1717 - Salem Transit Agrmt COUNCIL BILL NO. 2443 RESOLUTION NO. 1717 A RESOLUTION ENTeRING INTO A BLANKET PURCHASE AGREEMENT WITH THE SALEM AREA TRANSIT DISTRICT TO PROVIDE NON EMERGENCY MEDICAL TRANSPORTATION ~OR MEDICAID AND OREGON HEALTH PLAN RECIPIENTS AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT. WHEREAS, Medicaid and Oregon Health Plan (OHP) transportation services are designed to transport eligible recipients who have no other means of transportation to approved medical services appointments; and WHEREAS, the Salem Area Transit District has developed a transportation brokerage called TripLink to provide these services; and WHEREAS, the City of Woodburn fixed route bus and Dial-A-Ride services can provide these transportation services to the brokerage and receive reimbursement for the cost of providing the service; and WHEREAS, the Salem Area Transit District has provided a blanket purchase agreement to provide for the procurement and reimbursement of these Medicaid and Oregon Health Plan (OHP) transportation services, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into a Blanket Purchase Agreement with the Salem Area Transit District, which is affixed as Attachment "A" and by this reference incorporated herein, to provide non emergency medical transportation for Medicaid and Oregon Health Plan recipients. Section 2. That the City Administrator is authorized to sign said agreement on behalf of the City. Page 1 - COUNCIL BILL NO. 2443 RESOLUTION NO. 1717 1< Approved as to form: Cf). <yvq- iJ:Q City Attorney Passed by the Council April 14, 2003 Submitted to the Mayor April 16, 2003 Approved by the Mayor April 16, 2003 Filed in the office of the Recorder Apri 1 16, 2003 ATTEST: Mary Tenn nt, City Recorder City of Woodburn, Oregon PAGE 2 - COUNCIL BILL NO. 2443 RESOLUTION NO. 1717 ~ .... SAMTDITRIPLlNK Blanket Purchase Agreement CONTRACT BLANKET PURCHASE AGREEMENT SECTION I General Program Description This Blanket Purchase Agreement (BPA) has been established to provide all non-emergency transportation for Medicaid and OHP recpients to and from Medicaid covered medical services in the Service Area as defined in paragraph 3. Rides will be authorized by a centralized call center. 1 . Proaram Definition Medicaid and Oreg(ln Health Plan (OHP) Transportation services are designed to transport Medicaid and OHP eligible p~rsons of all ages to and from approved medical services so such services will be accessible to eligible individuals who have no other means of transportation or are unable to use existing transportation. Personal assistance for those with limited physical mobility is provided. 2. Taraet Population The target populatiQn for all transportation services is Medicaid and OHP eligible persons of all ages who need transportlation to approved medical services who have no other transportation resources available to them or cannot access existing public transportation. 3. Service Area SAMTD/TRIPLlNK provides services to Medicaid and OHP clients residing in all parts of Marion, Polk and Yamhill c(>unties. Services are also provided to eligible Medicaid and OHP clients from outside the tri-county area who are receiving medical care in the tri-county area. Trips may be also authorized to and from medical care destinations outside the tri-county area. 4. Tvoes of Transport~tion This BPA provides for five types of transportation which are offered through the Medical Transportation Brokerage: a) Van transportation including wheelchair lift-equipped vans; b) Sedan seNice; c) Stretcher c~r service; d) Volunteer Uansportation - volunteers driving their own vehicles; e) Secure transport. 5. Brokeraae Manaaement Salem Area Mass Transit District (SAMTD) provides overall management of the Medical Transportation Brokerage (TRIPLlNK) for the tri-county area. SAMTD/TRIPLlNK screens telephone requests for transportation assistance to ensure that those individuals requesting services are eligible to receive medical and OHP transportation services. If eligible, the brokerage arranges transportation by Contractor pursuant to this SPA. 6. Contractor Responsibilities Contractors are responsible for meeting the proVISions of this BPA including the attached Transportation Provider Standards (Attachment A, which is incorporated herein by reference). One or more violations of any of the requirements in this BPA or the Transportation Provider Standards as determined by SAMTD/TRIPLlNK may be grounds for termination or suspension in SAMTD/TRIPLlNK's sole discretion. BPA 3/21/03 1 ,. SAMTD/TRIPLlNK Blanket Purchase Agreement CONTRACT SECTION" General Provisions 1 . Description of Aare~ment This Blanket Purchase Agreement (BPA) is for the purchase of transportation for Medicaid and OHP recipients to and from covered medical services in the Service Area as described in Section I, paragraph 3. Purchase of the services required by this BPA shall be made, if and when SAMTD/TRIPLlNK'$ Project Manager, or his/her designee, authorizes Contractor to provide a ride under this BPA. The terms of this BPA are incorporated by reference into and shall govern each authorization made for Contractor to provide a ride under the scope of this BPA. This BPA may not be modified or any provision waived unless in writing signed by the parties. This is not an exclusive aareement. SAMTD/TRIPLlNK does not warrant or guarantee a minimum or maximum amount of authorized rides or that any Contractor will receive any particular number of authorizations to provide rides under this BPA. 2. Extent of Obliaation SAMTDITRIPLlNK is obligated only to the extent rides are properly authorized under this BPA and Contractor performs as required under this BPA. 3. Rate Sheets The Contractor shall complete the rate sheet forms in Section III. These forms shall be completed to the satisfaction of SAMTDITRIPLlNK. Contractors may change their rates at any time by submitting new rates in writing to SAMTDITRIPLlNK by the 151h of each month. Rate changes will take effect on the 151 of the month following SAMTDITRIPLlNK's receipt of a rate change if it is received timely. 4. Pricina A. Contractors can set their own prices within the following parameters: (1) No payment will be made for duplicate mileage. When two clients are transported at the same time, only one mileage charge will be allowed. BPA 3/21/03 ~ (2) Wait time may be included in the contracted rate, but can be paid only in the case of a medical interval in route (vomiting, nausea, or other medically necessary episode) or as authorized by SAMTDITRIPLlNK. (3) (4) No repair fee for vehicles damaged by clients during transport is allowed. No cleanup fee for vehicles is allowed. (5) Charges for assistance or "waiting time" prior to the time the client enters the vehicle, or assistance after the client exits the vehicle are not allowed. (6) No additional charge may be made for an escort or attendant accompanying the client. (7) The prices offered to SAMTDITRIPLlNK shall be no higher than those charged to the general public for the same service. (8) (9) No payment will be made for no-show o~ late cancel trips. Trips to and from outside the tri-county area will be offered to Contractors on a case by case "bid" basis. 2 SAMTD/TRIPLlNK Blanket Purchase Agreement CONTRACT 5. Purchase Limitations A. No individual call under this agreement shall exceed $1500. B. All transport, with the exception of after-hours urgent transports, must receive prior authorization by the SAMTDITRIPLlNK. C. Authorization for after-hours transport will be determined by SAMTDITRIPLlNK. No authorization or payment will be made for after-hours claims submitted more than 72 hours after the s€lrvice was provided. 6. Pavrnent Contractor will subr1l1it at least monthly or at more frequent intervals, invoices to SAMTDITRIPLlNK for Contractor's cHarges for services performed under this BPA. SAMTDITRIPLlNK shall pay Contractor within tMirty (30) days after SAMTD's Finance Department receives approval to pay the invoice from the Pr~ject Manager for rides authorized as provided in this BPA. Invoices shall contain the BPA number arid Contractors invoice number. 7. Reimbursement A. B. C. D. E. 8. Billinq A. B. Will be made for the most cost-effective and reasonably direct route from point of origin to the destination. Will be made for mileage only when transport of a client has occurred. Is based on the condition that the service to be provided at the point of origin and/or destination is a medical service covered under the Title XIX program. Will be at the lesser of the amount charged the general public or the contracted rate pursuant to Contractor's rate sheet in effect at the time the service is provided. By SAMTD is considered to be payment in full. Contractor is responsible for billing SAMTDITRIPLlNK at least monthly for all sums then due and owing to Contractor under this BPA. One or more incidents of inappropriate billing practices for services provided under this BPA shall be deemed a material breach and Contractor will be subject to immediate suspension or termination for cause in SAMTDITRIPLlNK's sole discretion. Inappropriate billing practices include, but are not limited to, the following: (1) Over billing for transportation services. (2) Billing for individual rides where group rides were provided. (3) Billing for services not provided. (4) Billing Medicare for services authorized under this contract. C. Payment for services under this BPA shall be made only for trips authorized by SAMTDfTRIPLlNK. All billings for services under this BPA shall be forwarded to SAMTDfTRIPLlNK no later than 60 days following provision of service. All charges for individual rides shall be resolved within 120 days of provision of services. D. If audit or billing review by SAMTDITRIPLlNK identifies over billing or other excessive charges, reimbursement will be required for the amount of the overpayment (without limitation of SAMTDITRIPLlNK's other rights and remedies, including, but not limited to, BPA 3/21/03 3 SAMTD/TRIPLlNK Blanket Purchase Agreement CONTRACT SAMTDITRIPLlNK's right to terminate or suspend Contractor). Audit and review may take place anytime after payment for services has been made. 9. Cancellation of Con.ract Contractor may cancel this BPA by providing SAMTDITRIPLlNK's Project Manager not less than thirty (30) calendar days written notice of the intent to cancel. Upon termination of BPA, SAMTDITRIPLlNK may withhold payment of any outstanding claims pending final audit. 10. Insurance A. During the term of this BPA, Contractor shall purchase and maintain all insurance required biY this BPA. Policies shall be purchased only from companies that are authorized to do business in Oregon. Contractor shall furnish acceptable certificates of insurance to SAMTD within ten (10) days after award of this contract, and prior to commenc~ent of any contract work. Contractor shall indemnify SAMTDITRIPLlNK for, from and ~gainst any loss, liability or damages that SAMTD/TRIPLlNK may incur due to Contractor's failure to purchase or maintain any required insurance. B. Contractor shall pay all premiums and deductibles to provide the following: (1) Oregon statutory workers' compensation and $1,000,000.00 employer's liability coverage. (2) Broad form comprehensive general liability coverage, $1,000,000.00 combined single limit bodily injury and property damage. (3) Automobile bodily injury and property damage liability insurance covering all motor vehicles, whether owned, non-owned, leased, or hired, with not less than the following limits: a) Bodily injury: $1,000,000.00 per person; $1,000,000.00 per occurrence; and b) Property damage: $1,000,000.00 per occurrence. C. The insurance required under this Paragraph shall: (1) Include the State of Oregon, OMAP, SAMTD and its directors, officers, representatives, agents, and employees as named insured's with respect to work or operations connected with the contract; copies of the named insured endorsements will be made available promptly upon request by SAMTD/TRIPLlNK. (2) Require the insurer to give SAMTDITRIPLlNK not less than thirty (30) days notice prior to termination or cancellation of coverage or any change or modification of coverage; and (3) Include an endorsement providing that the insurance is primary insurance and that no insurance that may be provided by SAMTD/TRIPLlNK may be required to contribute to payment for a loss. D. In the event of unilateral cancellation or restriction by Contractor's insurance coverage required herein, Contractor shall notify SAMTDITRIPLlNK orally and in writing within 3 days of notification by the insurance company to the Contractor. E. Contractor and its subcontractors shall be solely responsible for damage to their own equipment. BPA 3/21/03 4 T 11 . Contractor's Status and General Responsibilities SAMTDffRIPLlNK Blanket Purchase Agreement CONTRACT A. Contractor is an independent Contractor for all purposes and is entitled to no compensation from SAMTOffRIPLlNK other than that provided by this BPA. Contractor shall inform SAMTOffRIPLlNK of Contractor's Federal !nternal Revenue Service Employer Identification Number, or, if Contractor is an individual with no employer identification number, Contractor's Social Security Number. B. Contractor shall provide and pay for all labor, materials, equipment, utilities, and other goods or servic~s necessary for full contract performance unless this contract specifically provides otherwisef Contractor shall supervise and direct performance of its activities using its best skill, and $hall be responsible for selecting the means of performance. If, during or after the term of this BPA, Contractor learns of any actual or potential defect in the services provided under this BPA, or any problem associated with the results of performance, or of any nonconforh1ance with a provision of this BPA or of federal, state, or local law, Contractor shall inform SAMTOffRIPLlNK at the earliest possible time (and in no event later than the next day) in writing with a full description of the defect, problems, or nonconformance. Failure to so notify SAMTOffRIPLlNK will be deemed a material breach of this BPA and will subject Contractor to immediate suspension or termination for default in SAMTO/TRIPLlNK's sole discretion. 12. Notices and ComnJIunications All notices and other communications concerning this contract shall be written in English and shall bear the number assigned to this contract by SAMTO. Notices and other communications may be delivered personalliY, by telegram, or by regular, certified, or registered mail. 13. Assignment and O~leqation Contractor shall nqt enter into any subcontract, nor assign any of its rights or delegate any of its responsibilities for performance of this BPA without the written consent of SAMTO. 14. Indemnification Contractor shall indemnify, hold harmless, reimburse and defend SAMTO and its representatives, officers, directors, and employees from and against any loss or claim made by third parties including but not limited to legal fees and costs of defending actions or suits, resulting directly or indirectly from Contractor's perfofmance or nonperformance of this BPA, where the loss or claim is attributable to the negligence or other fault of Contractor, its employees, representatives, or subcontractors. Contractor's obligation under this paragraph shall survive the termination of this BPA. Approval by SAMTO of insurance contracts required under this agreement shall not reduce or relieve Contractor or its subcontractors, if any, of liability under this BPA. 15. Safetv In addition to Contractor's own safety procedures, Contractor shall implement and enforce all safety requirements that are determined to be applicable to performance of this BPA by SAMTOffRIPLlNK's Contract Coordinator. 16. Subcontract Provisions Contractor shall include in any subcontract authorized by SAMTO/TRIPLlNK, any provIsions necessary to make all of the provisions of this BPA fully effective. Contractor shall provide all necessary plans, specifications, and instructions to any suppliers and subcontractors to enable them to properly perform their work. BPA 3/21/03 5 ~ SAMTDITRIPLlNK Blanket Purchase Agreement CONTRACT 17. Convict Labor Contractor shall not employ any individual in performance of this BPA who is an inmate of a penal or correctional institution. 18. Computation of Time Time periods mea~ured in days shall be computed by excluding the day upon which the period begins to run and including the last day of the period unless the last day is a Saturday, Sunday, or legal holiday as defined in ORS 187.010 or 187.020, such period shall run until, and shall include, the next day that is not a Saturday, Sunday, or legal holiday as defined in ORS 187.010 or 187.020. All time periods measured in days shall be based upon calendar days. 19. Termination A. For Convenience. This BPA may be terminated for SAMTD's convenience upon 30 days notice in writing, and delivered by certified mail or in person. Contractor shall be compensated for all services performed under this BPA up to the effective termination date, minus any offsets by SAMTD for overpayments or any other costs or damages suffered by SAMTD. Any such termination of this BPA shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. For Cause. SAMTD may immediately terminate this BPA as to any Contractor(s) for cause upon written notice to Contractor(s). A termination for cause may occur for any reason deemed sufficient by SAMTD in its discretion, including, but not limited to, the following: (1) one or more breaches of this BPA deemed material by SAMTD in its sole discretion; or (2) any single or multiple failure by Contractor to comply with any of the Transportation Provider Standards in SAMTD's sole discretion. Unless otherwise stated by SAMTD at the time of termination or thereafter, termination shall mean that Contractor and its principals shall not reapply for services under this BPA. C. Upon termination of this BPA for convenience or default, Contractor shall bill all outstanding ride charges not later than sixty (60) days following notice of termination. D. Non-Waiver of SuspensionfTermination Rights. SAMTD's failure to suspend or terminate Contractor for past violations of this BPA, including without limitations any of the Transportation Provider Standards, shall in no way waive, limit or abrogate SAMTD's right in its sole discretion to suspend or terminate Contractor for such a past or subsequent violation or violations. Similarly, SAMTD's limited degree or duration of a suspension or termination of Contractor for past violations of this BPA including any of the Transportation Provider Standards, shall in no way waive, limit or abrogate the degree or duration of suspension or termination that SAMTD in its sole discretion may issue for such a past or subsequent violation or violations. 20. Suspension SAMTD. at its sole discretion, may discontinue ride assignment or suspend the BPA at any time and for any length of time pending investigation of any concerns about service provision or contract compliance under this BPA. Service shall be reinstated upon SAMTD's sole discretion once the terms and conditions of the BPA are being followed or service delivery concerns are resolved to SAMTD's satisfaction. 21 . Retirement System Status Contractor is responsible for all benefit program contributions for its employees and subcontractors, agents and officers that arise out of or under this BPA. These programs may include, but are not limited to: Federal Social Security, Unemployment Insurance, Workers Compensation, and Public Employees' Retirement System. BPA 3/21/03 6 ...._"._.._-~~_..~----- .. SAMTDITRIPLlNK Blanket Purchase Agreement CONTRACT 22. Effective Date and Duration It is provided that the passage of the BPA expiration of the term of this BPA shall not extinguish either party's right to enforce this BPA with respect to any default or defect in performance that has not been cured. 23. Government Emolqvment Status The funds to pay ttJIe Contractor will be charged against federal funds. Contractor certifies that it is not currently empbyed by the Federal Government for the work being performed under this Agreement. 24. Dual Payment Contractor shall not be compensated for work performed under this PBA by any other Department or Agency of the StatE! of Oregon or the Federal Government. 25. Access to Records A. SAMTD, OMAP, The Secretary of State's Office of the State of Oregon, the Federal Govemmefilt and their duly authorized representatives shall have access at any time to the books, doc~ments, papers, and records of the Contractor which are pertinent to this BPA for the purpose of making audit, examination, excerpts, and transcripts. B. All records, reports, data documents, systems and concepts, whether in the form of writings, figures, graphs, or models which are prepared or developed in connection with this BPA shall become public property. 26. Compliance with AQolicable Law Contractor agrees to comply with all federal, state, county, and local laws, ordinances and regulations applica~le to work performed under this BPA. Without limitation of other applicable laws, Contractor specifically agrees that the provisions of ORS 279.312,279.314,279.316, and 279.320 shall govern perfolTtlance of this Agreement. A. ORS 279.312 Conditions of public contracts concerning payment of laborers and material men, contributions to Industrial Accident Fund, liens and withholding taxes. Contractor shall: (1) Make payment promptly, as due, to all persons supplying to Contractor labor or material for the prosecution of the work provided for in such contract. (2) Pay all contributions or amounts due the Industrial Accident Fund from Contractor or subcontractor incurred in the performance of the contract. (3) Not permit any lien or claim to be filed or prosecuted against the state, county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. (4) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. B. ORS 279.314 Condition concerning payment of claims by public officers. (1 ) If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person in connection with the public contact as such claim becomes due, the proper officer or officers representing the state, county, school district, municipality, municipal, BPA 3/21/03 7 _.~_....~,..,."."-'-".._-~-'''''.."~_._''''...~.. SAMTDfTRIPLlNK Blanket Purchase Agreement CONTRACT corporation or subdivision thereof, as the case may be, may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due Contractor by reason of such contract. (2) The payment of a claim in the manner authorized in this section shall not relieve Contractor or Contractor's surety from obligation with respect to any unpaid claims. C. ORS 279.316 Condition concerning hours of labor. Hours of Labor - Goods and Services Persons erpployed by the Contractor under this Contract shall be paid at least time and a half for wotk performed on the legal holidays specified in a collective bargaining agreement or in ORS 279.334(1 )(a)(C)(ii) to (vii) and for all work in excess of 10 hours a day or in excess of 40 hours in a week, whichever is greater. D. ORS 279.320 Condition concerning payment for medical care and providing Workers' Compensation. (1) Contractor shall promptly, as due, make payment to any person, co-partnership, aS$ociation or corporation, furnishing medical, surgical, and hospital care or other ne~ded care and attention, incident to sickness or injury to the employees of the Contractor, of all sums which Contractor agrees to pay for such services and all moneys and sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. (2) All employers working under the contract are subject employers that will comply with ORS 656.017. 27. Nondiscrimination The parties agree to comply with Title VI of the Civil Rights Act of 1964, with Section V of the Rehabilitation Act of 1973, and with all applicable regulations of federal and state civil rights and rehabilitation statutes, rules and regulations. The parties shall also comply with the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 28. Confidentialitv Contractor shall treat all information and, in particular, information relating to recipients (clients) which is obtained by or through its pertormance under this BPA, as confidential information to the extent that confidential treatment is provided for under State and Federal law. Contractor shall safeguard such information and shall not use any information so obtained in any manner except as necessary to the proper discharge of its obligations hereunder. 29. Severabilitv The parties agree that if any term or proVision of this BPA is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the BPA did not contain the particular term or provision held to be invalid. 30. Soecial Federal Reauirements Contractor must comply with the relevant parts of 45 CFR Part 74, Part 80, Part 84, Part 86, Part 90, Part 91, Part 92 and Office of Management and Budget (OMB) Circulars A-128 or A-133 as appropriate, including: BPA 3/21/03 8 SAMTO/TRIPLlNK Blanket Purchase Agreement CONTRACT A. Contractor agrees to comply with Executive Order 11246 entitled Equal Employment Opportunity as amended by Executive Order 11375 and as supplemented in Department of Labor Regulation 1 CFR Part 60. All subcontractors shall also comply with these provisions. B. Contractor shall maintain fiscal records and other records pertinent to this Agreement. All fiscal records shall be maintained pursuant to accepted accounting standards and other records shall be maintained to the extent necessary to clearly reflect actions taken. Contractor further agrees to provide access to any books, documents, papers and records which are pertinent to this Agreement and, further, to allow the making of excerpts, transcripts, or performing audits or examinations thereof. Such access shall be freely allowed to state and federal personnel and their duly authorized agents. All records shall be retained and kept accessible for five years following final payment and conclusion of all pending matters. All subcontracts shall also comply with these provisions. In addition, Contractor, its agents, employees and subcontractors shall maintain all such records a~ fully confidential. Such confidential status shall be in compliance with the requiremerllts stated in 45 CFR 205.50, 42 CFR 431 subpart F, ORS 411.320, and ORS 418.130. C. To the extent it is required to do so by law, Contractor shall abide by all mandatory standards and policies which related to energy efficiency and which are contained in the State of Oregon Energy Conservation Plan, which was issued in compliance with the Energy Policy and Conservation Act (PL94-385). All subcontracts shall also be in compliance with the foregoing. D. If the sum payable under this contract exceeds or may exceed $100,000, Contractor shall provide the State of Oregon with written assurance that Contractor will comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857 H), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15). Contractor agrees to promptly report all infractions to the State of Oregon, the Department of Health and Human Services, and the U.S. Environmental Protection Agency. All subcontracts shall also comply with these provisions. E. Contractor shall comply, at its expense, with all requirements under OMB Circular A-128, A- 133, or other applicable OMB circulars, in its operations. F. To the extent it is required to do so by federal law, Contractor certifies that it will provide a drug-free workplace by: (1) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in Contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition. (2) Establishing a drug-free awareness program to inform employees about: The dangers of drug abuse in the workplace; and (a) (b) (c) Contractor's policy of maintaining a drug-free workplace; and Any available drug counseling, rehabilitation, arid employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations. BPA 3/21/03 9 ~ .....~ . fr SAMTorrRIPLlNK Blanket Purchase Agreement CONTRACT (3) Making it a requirement that each employee to be engaged in the performance of this Agreement be given a copy of the statement required by paragraph (1). (4) Notifying the employee in the statement required by paragraph (1) that as a condition of employment on such Agreement, the employee will: (a) Abide by the terms of the statement; and (b) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction (5) Notifying OMAP within 10 days after receiving notice under subparagraph (4) (b), from an employee or otherwise receiving actual notice of such conviction. (6) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted, as required by section 5154 of the Drug-Free Workplace Act of 1988. (7) Making a good faith effort to continue to maintain a drug-free workplace through implementation of subparagraphs (1) through (6). G. Contractor certifies, to the best of its knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Contractor agrees to complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 31. Recvclinq As required by Oregon Statute, in the performance of this BPA, Contractor shall use, to the maximum extent economically feasible, recycled paper. BPA 3/21/03 10 ... -"" ...-".,...,...-------. ... SAMTDITRIPLlNK Blanket Purchase Agreement CONTRACT 32. Mediation Should any dispute arise between the parties concerning this BPA, which is not resolved by mutual agreement, it is agreed that the dispute will be submitted to mediated negotiation as a condition precedent to any party commencing litigation. In such an event, the parties to this BPA agree to participate in good faith in a non-binding mediation process. The mediator shall be selected by mutual agreement of the parties, but in the absence of such agreement, each party shall select a temporary mediator and those mediators shall jointly select the permanent mediator. All cost of mediation shall be borne equally by the parties. 33. Applicable Law an~ Jurisdiction Oregon law shall g~vern this contract. Any suit or action arising from this BPA shall be commenced and p~osecuted in the courts of Marion County, Oregon or the U.S. District Court for the District of Oregon, as applicable. The parties agree to submit to the jurisdiction and venue of these courts. 34. Waiver A waiver by SAMTO of its right to a remedy for breach of this BPA shall not be deemed to waive its right to a remedy for a subsequent breach. SAMTD's acceptance of services, or payment under this BPA shall not preclude SAMTD from recovering against Contractor or Contractor's surety for damages due to Contractor's failure to comply with this BPA. 35. Remedies Cumulatir--'e The remedies exer<:;isable by SAMTD under this BPA shall be cumulative and in no way affect any other remedy available under the law to SAMTD. 36. Compliance With Tcpc Laws ORS 305.385(6) states: "No contract or other agreement for the purpose of providing goods, services or real estate space to any agency shall be entered into, renewed or extended with any person, unless the person certifies in writing, under penalty of perjury, that the person is, to the best of the person's knowledge, not in violation of any tax laws described in ORS 305.380(4)." By signature on this Agreement, Contractor hereby swears/affirms, under penalty of perjury as provided in GRS 305.385(6), that to the best of their knowledge they are not in violation of any of the tax laws described in ORS 305.380(4). 37. Amendment The terms of this SPA may not be waived, altered, modified, supplemented or amended, except by written agreement signed by both parties. 38. Third Party Beneficiaries SAMTD and Contractor are the only parties to this BPA and are the only parties entitled to enforce its terms. Nothing in this BPA gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this BPA. BPA 3/21/03 11 ~ '" SAMTDfTRIPLlNK Blanket Purchase Agreement CONTRACT 39. Meroer Clause THIS AGREEMENT (INCLUDING ATTACHMENT A, TRANSPORTATION PROVIDER STANDARDS) CONSTITUTES THE ENTIRE AGREEMENT BE1WEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. CONTRACTOR, BY THE SIGNATURE BELOW OR ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Signed this day of , 2003 by: Jeff Hamm, General Manager Salem Area Mass Transit District Contract Provider Ben Fetherston, Jr. - Attorney Salem Area Mass Transit District BPA 3/21/03 12 .. SAMTDITRIPLlNK Blanket Purchase Agreement CONTRACT BLANKET PURCHASE AGREEEMENT SECTION III CONTRACTOR INFORMATION AND PRICING BPA 3/21/03 13 .....__..._.,._-~,_...~,..,..--...- . SAMTDITRIPLlNK Blanket Purchase Agreement CONTRACT BUSINESS PROFILE 1. MAIN OFFICE: LEGAL NAME: STREET ADDRESS: MAILING ADDRESS: CITY/STATElZIP: PHONE NUMBER: STATE REGISTRY NUMBER: FAX NUMBER EMAIL ADDRESS 2. TYPE OF BUSINESS PUBLIC AGENCY: PRIVATE NON-PROFIT: OTHER: PRIVATE FOR-PROFIT: SOLE PROPRIETORSHIP: PARTNERSHIP: CORPORATION LIMITED LIABILITY COMPANY: 3. IDENTIFICATION NUMBERS OREGON SECRETARY OF STATE REGISTRY ID NUMBER: FEDERAL TAX NUMBER: OTHER: (Specify): 4. KEY PERSONNEL CHIEF ADMINISTRATIVE OFFICIAL KEY CONTACT PERSON FOR CONTRACT PERFORMANCE NAME: NAME: TITLE: TITLE: ADDRESS: ADDRESS: PHONE: PHONE: BPA 3/21/03 14 ... ,_. _..,....___...,_...__'.n'_....''''''-'~,...-.-.........---.---..____~ , SAMTDITRIPLlNK Blanket Purchase Agreement CONTRACT TRIPLINK Transportation Provider RATE SHEET Date: Provider Code: Contract #: # of Vehicles: Business Name: Mailing Address: I NUMl3ER & STREET CITY STATE ZIP Phone Number: C_-) Fax Number: (-) EFFECTIVE DATE: TYPE OF RATE OR PER UNIT OF RATE OR SERVICE CHARGE SERVICE CHARGE TO GENERAL PUBLIC (Sedan, Wheelchair (Rat~ amount, e.g. (Pickup, Wait Time, Shared Ride, Mile, etc) FOR SAME Van, Stretcher, etc) $1.00) UNIT OF SERVICE FOR EXAMPLE: Sedan $2.00 PickuD Minimum (includes first 2 miles) $2.00 Provider's Signature: Date: BPA 3/21/03 15 ._._~._~""""--....---"",~" -..... c:o Q)< Eo:: $..... ~z 0)0 <0 Q) II) cu .c: o ~ ::J a. - ~ c: ~ m ~ z ::i a. ce ~ I- :E < en c (l) w E (l) 1.0 ..J (l) ,.... :J ..... 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Contractors will be in possession of current appropriate local, state and federal licenses required by respective jurisdictions. 2. Contractor will. be in compliance with appropriate local. state, and federal transportation safety standanjJs regarding passenger safety and comfort. This will include. but not be limited to. proper equipment, accessibility, maintenance, seat belts and all equipment necessary to tr..nsport clients using wheelchairs or stretchers. 3. Contractor will .be in compliance with all local, state and federal drug and alcohol testing requirements as applicable. 4. Contractor must not be under sanction by the Office of Medical Assistance Programs (OMAP). 5. Contractor shall treat every aspect of a medical transport as confidential, including the fact of Medicaid and OHP eligibility and any or all information pertaining to a client's physical or mental health status or condition 6. All ride assignments and billing for brokerage transportation services are done via computer linkup with the program. Contractor must have computer equipment capable of receiving ride assignments from Salem Area Mass Transit District (SAMTDfTRIPLlNK). 7. Contractor and drivers shall collect all data required by SAMTDrrRIPLlNK to be used in preparing reports and passenger surveys. 8. Contractor shall provide to SAMTDrrRIPLlNK monthly an accurate list of drivers eligible for SAMTDfTRIPLlNK ride assignments. 9. Vehicle Standards A. Contractors must assure the comfort and safety of Clients by proper maintenance of their vehicles. This includes. but is not limited to: (1) Interior cleanliness of the vehicles. (2) Smoke free environment within the vehicles. (3) Appropriate safety equipment must be present and operable. including but not limited to: (a) First Aid Kit. (b) UL approved Fire Extinguisher. (c) Accident Report Form. (d) Roadside reflective devices. (e) Flashlight. (f) Chains or other traction device3 (when appropriate). (g) Disposable Gloves. (h) OSHA Approved spill kits. SPA 3/21/03 _.._- ...._.... ,-_.,--~._-~---- ...,,- B. C. SPA 3/21/03 --.,. .._- ....-.....-.....-.'........,.--.- SAMTOfTRIPLlNK Blanket Purchase Agreement Attachment A (4) Vehicles in good operating condition, including but not limited to. (a) Seatbelts; (b) Side and rear view mirrors; (c) Horn; (d) Working turn signals. headlights, taillights, and windshield wipers. (5) Wheelchair vehicles shall at a minimum meet ADA requirements. (6) Vehicles shall be equipped with two-way radios, phones or data transmission equipment. CB radios are not acceptable. This requirement is waived for DHS volunteers who use their own vehicles. (7) Wheelchair securement location within a vehicle must be designed to limit movement of an occupied wheelchair when the vehicle is in normal operation using a four point tie down system. Separate from the wheelchair system, an occupant securement system consisting of (1) a lap belt, or (2) a lap and shoulder belt will be provided. (8) A vehicle record file containing the following information shall be maintained: (a) Vehicle identification number. (b) Vehicle maintenance history. including type, date and mileage. (c) Vehicle loss control record listing incident description, date, mileage and driver. (d) Vehicle equipment check log verifying that special equipment has been checked according to the suggested schedule of the manufacturer or at least semi-annually. (e) Vehicle operational and safety check log recorded at the beginning of each work day and indicating that tires, brakes, lights, seat belts and other relevant equipment are operational and the vehicle has not been damaged. (9) Vehicles shall display permanently affixed company identification with the company name and telephone number on the outside of the doors or windows on both sides of the vehicles. DHS volunteers driving their own vehicles and secure transport providers are exempt from this requirement. (10) All vehicles require State of Oregon or State of Washington DMV title or vehicle registration documentation. Contractors shall maintain a preventative maintenance schedule, which incorporates, at minimum. the schedule recommended by the vehicle manufacturer. Contractors shall maintain records documenting repairs and preventive maintenance. SAMTDfTRIPLlNK reserves the right to conduct a vehicle inspection any time the Contractor's vehicles are being used for this service throughout the term of the Contract. Such inspections may either be conducted at the Contractor's facility or other agreed upon location. Contractor shall make the vehicle available for inspection at no cost to SAMTDfTRIPLlNK. Any inspection is solely for SAMTDfTRIPLlNK's own purpose and shall in no way diminish the sole responsibility of the Contractor to operate and maintain a safe fleet of vehicles. 2 ... SAMTDfTRIPLlNK Blanket Purchase Agreement Attachment A D. All vehicles used in the performance of this contract shall meet the following vehicle age requirements: SEDANS WIC VANS STRETCHER CARS No more than 15 yrs old No more than 15 yrs old No more than 15 yrs old NotwitHlstanding the above age limits, SAMTDrrRIPLlNK may, at its sole discretion and a~er inspection of vehicles, determine which vehicles may be used in the perforrhance of services under this contract. E. No vehicles shall be substituted for vehicles in use under this contract or added to a Contractor's fleet without prior inspection and approval of SAMTDrrRIPLlNK. Licens~d sedan companies, DHS volunteer programs. and agencies using their own vehicles to transport clients using their services are exempt from this requirement. F. SAMTOrrRIPLlNK's review and approval of Contractor's vehicles shall in no way create liability in SAMTDrrRIPLlNK or relieve Contractor of its sole responsibility for proper maintenance and use of its vehicles or any other equipment. G. One or more violations of any of the above requirements in this paragraph 7 as determined by SAMTDrrRIPLlNK may be grounds for termination or suspension of Contractor in SAMTDrrRIPLlNK's sole discretion. 8. Drivers A. Contra<;:tors will inform drivers of their job duties and responsibilities and provide adequate, documented training for all equipment related to their vehicles. This will include. but not be limited to: (1) Briefing about the program, reporting forms, vehicle operation and the geographic area in which they will be providing service. (2) Road testing with the type of vehicle the driver will be operating. (3) Completion of the four (4) hour National Safety Council Defensive Driving course, or an equivalent, within six months of date of hire. (4) Completion of Passenger Assistance and Sensitivity Training, within six months of date of hire. (5) Approved First Aid. Cardiopulmonary Resuscitation and blood spill procedures within six months of date of hire. B. Drivers and applicants must be pre-qualified by SAMTDrrRIPLlNK prior to performing service for the program. Drivers for SAMTDrrRIPLlNK providers will be subject to finger printing and a criminal records check as required by Oregon law. Pre-qualification includes but is not limited to: ( I) A fingerprint background records check and DMV record check, SAMTDrrRIPLlNK will process driver personal history information, fingerprint criminal background checks and Department of Motor Vehicle BPA 3/21/03 3 8PA 3/21/03 SAMTDITRIPLlNK Blanket Purchase Agreement Attachment A checks. Fingerprint criminal background checks will be processed in accordance with the procedures outlined in Attachment 6, which is incorporated herein by reference. Driver or employee must have a good driving record as reported on a 5-year driving record printout from the Dept. of Motor Vehicles (DMV). It will be the contractor's responsibility to provide an original, DMV court certified 5-year driving record printout (original & no older than 30 days). If the applicant has resided in Oregon less than five (5) years, they are responsible for providing SAMTDfTRIPLlNK with a copy of their driving record from every state of residence in the past five (5) years. Drivers will be qualified based on results of the fingerprint background check and DMV check. SAMTDfTRIPLlNK will notify the company in writing of the driver's status. No driver will qualify to provide SAMTDfTRIPLlNK service without SAMTDfTRIPLlNK's written authorization. SAMTDfTRIPLlNK at its sole discretion may determine which drivers are qualified to provide SAMTDfTRIPLlNK service. Drivers should have no criminal convictions, which may, in the sole juclgment of SAMTDfTRIPLlNK, render the applicant unsuitable or unfit for employment in a position that is responsible for providing transportation services to Office of Medical Assistance Programs (OMAP) clients. (2) Contractor must inform all drivers and applicants for driving positions under this program that their ability to drive under this program is subject to a successful criminal background check as determined by SAMTDfTRIPLlNK. Driver qualifications include but are not limited to: a) Each driver shall possess a valid Oregon Driver's License for the class of vehicle operated and shall be trained in the proper operation of the vehicle and its accessories. b) Each driver must have a minimum of three (3) years driving record that demonstrates adherence to safety in the operation of motor vehicles and adherence to traffic laws and regulations. Disqualification will result if a driving record reflects the following: · A suspension for moving violation(s) unless three years have elapsed since the end of said suspension and driver has had no moving traffic violations during said three years. · More than two (2) moving violations in a three-year period. · More than five (5) traffic violations of any type in a three (3) year period. · More than three (3) vehicular accidents in a three (3) year period. · A serious violation in the past ten (10) years, such as, but not limited to: reckless driving, driving under the influence of drugs or alcohol, illegal possession of drugs or alcohol, motor vehicle used in manufacturing, distributing, or dispensing controlled substances, hit and run, assault, criminal mischief, reckless driving, careless driving, negligence, violation of a motor vehicle law resulting in bodily injury, driving with suspended license. c) Driver is familiar with the geographic area in which they will be providing service. d) Driver reads and speaks fluent English. 4 _.._,~~ SAMTDfTRIPLlNK Blanket Purchase Agreement Attachment A C. Contractor shall maintain documentation which records dates and types of training completed for all drivers. D. Drivers shall wear photo identification badges in a conspicuous place at all times while driving our clients. DHS volunteers driving their own vehicles are exempt from this requirement. E. SAMTDfTRIPLlNK's review and pre-qualification of drivers shall in no way create liability in SAMTDfTRIPLlNK or relieve Contractor of its sole responsibility for proper selection and training of its drivers. F. One or more violations of any of the above requirements in paragraph 8 as determined by SAMTDfTRIPLlNK may be grounds for termination or suspension of Contractor in SAMTDfTRIPLlNK's sole discretion. G. Driver!:> shall wear neat and clean clothing and be generally neat in appearance. Sandals, cutoffs, tank tops, overpowering fragrances or inappropriate and unsafe clothing and jewelry shall not be permitted. Unsafe clothing is any clothing that may impede the driver's ability to drive or operate mechanisms on the vehicle. H. Address and treat passengers courteously at all times while opening and closing vehicl$ doors for passenger(s) when they board/deboard, providing reasonable assistance to or from the main entrance of both the origin and destination locations including locking/unlocking outside doors when such assistance is required or requested. In so doing, Drivers should not lose sight of their vehicles. For extended absences from a vehicle, Drivers shall advise Provider's dispatCher. A driver may never be absent for any reason leaving riders on board a vehiCle unattended except while assisting other riders. 9. Service Provision SPA 3/21/03 " A. Average client waiting time for pick up or delivery for pre-scheduled transportation shall not exceed 30 minutes. A Contractor who is more than 30 minutes late for a pick up or who misses a pick up shall immediately report to SAMTDfTRIPLlNK with an explanation as to why the trip was missed or late. B. Pick up on the go trip will be at or after the scheduled pick up time, but will allow adequate travel time for the client to be delivered to the appointment on time. C. Multiple late or missed trips as determined by SAMTDfTRIPLlNK may be considered grounds for termination or suspension of contract. Unusual weather or unusual traffic conditions affecting all vehicular traffic which prevent the Contractor from meeting the scheduled pick up time shall not constitute non-compliance with this service standard. D. Contractor shall provide all transportation services under this contract only as authorized by SAMTDfTRIPLlNK. E. Contractor will establish procedures for drivers to deal with situations in which emergency care is needed for Clients that they have been assigned to transport. 5 ..- SAMTDITRIPLlNK Blanket Purchase Agreement Attachment A F. Drivers shall only pick up and deliver clients to locations assigned by SAMTDITRIPLlNK and shall not use routes other than the reasonable direct route. In the event of any deviation from the reasonable direct route, Contractor will notify SAMTDfTRIPLlNK at the earliest possible time and in no event later than the next working day. G. Contractor shall report suspected fraudulent use of transportation services to SAMTDfTRIPLlNK. H. Contractor shall provide transportation services to Medicaid and OHP recipients without regard to race, creed, ethnicity, national origin, sexual orientation, marital status,gender, age, or the presence of any sensory, mental, or physical disability. Confidentiality regarding Medicaid recipients, their respective medical condition or diagnosis, and transportation services provided shall be maintained at all times I. If Contractor arrives to provide transportation and an emergency exists requiring transpdrtation by an ambulance, the Contractor shall refer the client for emergency transpqrtation by calling 911 for the recipient if necessary. SAMTDfTRIPLlNK shall be informed at the earliest possible time and in no event later than the next working day. J. Contractor shall not agree to provide a transportation service unless it is reasonably certain that the means to do so are available to the Contractor. If the Contractor is unable to provide a transportation service to which it has agreed SAMTDfTRIPLlNK, it shall notify SAMTDfTRIPLlNK immediately. SAMTDfTRIPLlNK staff will reassess the ride and reassign it as appropriate. Contractors must respond to a request for a next day ride by 5:00 PM the previous day. SAMTDfTRIPLlNK will assume that an assigned ride has been accepted by a contractor who has not called SAMTDfTRIPLlNK by the 5:00PM deadline. K. Contractor shall maintain all documentation as required in the Oregon Administrative Rules for Medical Transportation Services. Documentation shall include the following: Client Name Client 10 Number Pick up Point Destination Driver Identification Passenger miles Date Time of Trip Authorization Number Ride Cost Pick up time Vehicle miles Documentation shall be retained for a minimum of five years following provision of service. L. Contractor shall not change the pick-up or drop-off times or negotiate pick-up and drop-off times with Medicaid and OHP recipients. Clients shall be referred to SAMTDfTRIPLlNK if they require additional transport or if a change in the authorized transport is desired or needed. With the exception of after-hours trips, all requests for Medicaid trips received directly by the Contractor must be referred to the brokerage. M. Contractor shall not make any changes to the rides as authorized including, but not limited to, any changes resulting in (1) combined or shared rides or (2) indirect routes of any kind. If a change is needed the Contractor must receive prior approval for such change from the brokerage. Trips not provided as authorized will not be BPA 3/21/03 6 ...--.,", ",--~".--,,~---,-~-"~~-----_.----,,--, SAMTOfTRIPLlNK Blanket Purchase Agreement Attachment A reimbursed. One or more incidents of the provider changing the authorized ride may result in suspension or termination of the contract in SAMTDfTRIPLlNK's sole discretion. N. Contractor shall leave return slips with passengers which provide the name of the company, the telephone number to call for the return pick up, and the brokerage telephone number. O. Contractor shall notify SAMTDfTRIPLlNK at the earliest possible time and in no event later than the next working day, of any and all accidents, incidents or deviati~ns from the reasonable direct route related to transporting a Medicaid or OHP recipient, including date, vehicle, driver, description of the incident, and names of all parties involved. SAMTDfTRIPLlNK should be notified immediately of any accident or incident that affects the client's arrival time or the client's destination or is related to the client's health or well-being or relates in any way to a client complaint. Copies of motor vehicle and law enforcement reports shall be provided to SAMTDfTRIPLlNK. P. Drivers. may not perform SAMTDfTRIPLlNK service while consuming or under the influence of alcohol or drugs. Contractor must immediately refer drivers suspected of being under the influence of alcohol or drugs for testing at the Contractor's expense. Refusal to test or positive test results will disqualify a driver for SAMHl>fTRIPLlNK service. O. One or more violations of any of the above requirements in paragraph 9 as determined by SAMTDfTRIPLlNK may be grounds for termination or suspension of Contractor in SAMTDfTRIPLlNK's sole discretion. R. Passengers are permitted to travel with service animals. 10. DHS Volunteer Transportation SPA 3/21/03 .. A. Transportation services provided by DHS volunteers may be used. DHS volunteer drivers drive their own cars and are reimbursed for expenses incurred both ways from the DHS volunteer's point of origin and return. DHS volunteers are also able to obtain reimbursement for the cost of meals at state rates when appropriate as defined in Oregon Administrative Rules for Medical Transportation. B. DHS volunteer drivers shall perform their functions under the direction of a legally constituted agency. While the DHS volunteer's vehicle is in use on agency directed business, the vehicle is considered a mobile work site and the volunteer an agent of the agency. The scope of the volunteer driver's relationship with the agency is limited to the purpose of transporting clients. C. The agency that dispatches DHS volunteers may charge a rate that includes the mileage cost per mile and the administrative cost of providing a volunteer ride for Medicaid or OHP clients. These volunteer agencies under contract with SAMTDfTRIPLlNK must assure that their vehicles and drivers conform to all standards included in the Contractor Services Standards section. D. DHS volunteer drivers are subject to all of the same requirements and conditions of employment as the Contractor's regular drivers as provided in paragraph 8. 7 SAMTOfTRIPLlNK Blanket Purchase Agreement Attachment A E. One or more violations of any of the above requirements in paragraph 9 as determined by SAMTOrrRIPLlNK may be grounds for termination or suspension of Contractor in SAMTOrrRIPLlNK's sole discretion. 11. Secure Transport Contractors of Secure Transport must comply with all provisions of this BPA and the requirements of the Medical Transportation Services Guide, Section 410-136-240. 12. Violation of Requirements One or more vi4>lations of any of the requirements in the SAMTOrrRIPLlNK Transportation Provider Standards or the BPA as determined by SAMTOrrRIPLlNK may be grounds for termination or suspension of Contractor in SAMTOrrRIPLlNK's sole discretion. BPA 3/21/03 8 .. _..-., . ,~,__"m'.,.,,~_~.... ... SAMTDITRIPLlNK Blanket Purchase Agreement Attachment B Criminal Offenses that Affect Qualification Criminal offenses that affect driver qualification are convictions for crimes against public safety, property or life. In determining driver qualification, SAMTD or its designee will consider: . the nature of the crime . the facts that support the conviction or pending indictment or that indicate a false statement . the relevancy of the crime or false statement to the position requirements . intervening circumst~nces which are relevant to the responsibilities and circumstances of the position (examples include the passage of time, age at time of conviction, restitution, likelihood of recurrence, subsequent conviction of another relevant crime, or an employer's recommendation) For offenses against property, offenses involving fraud and deception, and offenses involving controlled substances, illegal drug cleanup, paraphernalia or precursors, the General Manager may consider mitigating circumstances or other information in making exceptions to the general guidelines set forth below. General Guidelines are listed on the chart below. General Guidelines Crimes Affecting Fitness for Driver Qualification Type of Offense* Class of Offense Time Frame to Consider Felony Forever Misdemeanor 10 years Felony 20 years Misdemeanor 5 years Felony 15 years Misdemeanor 5 years Felony 15 years Misdemeanor 5 years Felony 15 years Misdemeanor 10 years Felony 15 years Misdemeanor 10 years Offenses against persons Offenses against property Offenses involving fraud Of deception Offenses against public order; firearms and other weapons; racketeering Offenses against public health, decency, and animals Offenses involving controlled substances, illegal drug cleanup, paraphernalia, precursors** . Any offense committed with a weapon or which results in serious injury to any person shall be considered forever. Consideration of crimes involving drugs shall include an appropriate current risk assessment. prior treatment. proof of recovery from an established and proven disability. and confidence of the decision maker based on the totality of information received that the applicant has no current connection with illegal controlled substances and drug acti vily The burden of establishing absence of risk factors is on the subject indi viduals, BPA 3-21-03 .. - SAMTDfTRIPLlNK Blanket Purchase Agreement Attachment B Appeal Procedure An individual who has been denied qualification to drive for the Office of Medical Assistance Program based on criminal record has the right to appeal. You may challenge the accuracy or completeness of a report or you may appeal SAMTD'S decision. Dispute the Information If you believe that criminal offender information is inaccurate or incomplete, you must request a review with the source of the information: Oregon State Police OSP procedures adopted under ORS 181.555(3) give the individual the right to inspect, challepge and correct his own criminal offender information. A written request for review, with proof of identity (name, date of birth, and rolled ink fingerprints) is required within 15 calendar days. Mail or deliver the request to: Oregon State Police Identification Services Section 3772 Portland Road, SE Salem, OR 97303 The OSP division and the person will have a pre-hearing meeting to review information and determine the need for a hearing. Federal Bureau of Investigation Under federal law, an individual can challenge the report, but cannot review or obtain a copy of the actual FBI record. To challenge the accuracy or completeness of any entry obtained from an FBI criminal records check, file a challenge with: Assistant Director FBI Identification Division Washington, DC 20537-9700 l------------___________________________J Appeal the Decision The appeal process allows an applicant to gather additional information that will help SAMTD determine whether the disqualification based on a criminal records check should stand. A written appeal affords you a reasonable opportunity to present relevant information, evidence, and supporting statements. You have ten (10) days from the date of receiving your disqualification letter to submit your appeal. Failure to submit a written appeal constitutes waiver of the right to an appeal. Guidelines for appeals under the criminal records policy follow. BPA 3-21-03 2 ... -- ..,,_.. -~...<_.".- .. SAMTDfTRIPLlNK Blanket Purchase Agreement Attachment B Guidelines for Written Appeal of an Ineligible Determination based upon Criminal Records History If you believe that a denial of driver qualification based upon a criminal records check warrants reconsideration, you have the right to appeal. Your packet includes guidelines and the Appeal Form. INSTRUCTIONS AND PROCESS + An appeal wiq be in writing from either the applicant or the Medical Transportation Program provi~er and will contain the name of the person requesting reconsideration, a statement of tHe reason(s) why it is believed that a disqualification is invalid, and the signature of the requester. You may attach documents and other evidence to be included with the record and considered in d~ciding the appeal. + Submit the written appeal and supporting documents within ten calendar days after receiving writt~n notice of disqualification to SAMTD'S Human Resources Director. If an appeal is not filed within ten calendar days, the applicant has waived the right of appeal. + The appeal and supporting documents are sent to the Human Resources Director (hereinafter "Hearings Officer"). + The Hearings Officer reviews the appeal and any supporting evidence, researches the incident if necessary, and interprets the conviction designation & level. The Hearings Officer may also conduct a hearing, if requested, to afford the person a reasonable opportunity to present witnesses and other evidence. + The Hearings Officer will render a written decision that shall be final if adopted and approved by the General Manager. + The Hearings Officer conveys the General Manager's decision to the Medical Transportation Program Provider who conveys the decision to the applicant's employer. SAMTD will keep a record of the appeal, findings, and final decision. GUIDELINES These guidelines govern issues, evidence, and documents: + The primary issue is fitness for employment, or qualification, as prescribed and intended by ORS 267.237. The balance of the evidence must weigh in favor of protecting our customers, many of who are vulnerable Oregonians. + We also afford due process under the law and will be attentive to: ~ ~ 0 Circumstances surrounding the crime ~ 0 Relevance of the crime to the position ~ 0 Intervening time and behavior ~ 0 Supporting statements and documents :!F;;.'::~'~'~Y'; BPA 3-21-03 3 " .. ''fir SAMTDITRIPLlNK Blanket Purchase Agreement Attachment B Appeal Form Your Name: Employer Name: Date of Conviction: Crime and Class of Offense (felony, misdemeanor): State Where Convicted: Description of your sentence (jail time, fine, probation, community service) (Add another sheet if there is m'ore than one conviction.) In re-evaluating fitness for driver qualification, SAMTD will consider: · the criminal history che~k (see Criminal Offenses that Affect Qualification in this packet) · the nature and circumstances of the crime · the facts that support thct conviction or pending indictment · intervening circumstances since the crime (for example, work history, training, education, restitution) · the relevancy, if any, of each crime to the job, position, or license · the likelihood of the crime being repeated · time since conviction · employer (or other) recommendations In preparing your appeal, consider whether any of the items listed above apply to you, explain them in your comments, and attach supporting documents or statements, if you can. For example: · You might want to describe extenuating circumstances around the conviction that you believe we should consider. · Statements from a witness, employer(s), parole officer, or teacher may support your case. · Documents such as school records or verification of community service demonstrate what you have accomplished or contributed since your conviction. Circumstances and Comments - Describe in your own words what happened during the event that resulted in your conviction. What have you done since your conviction that should be considered in your appeal? You may write comments on the form or you may attach explanations, evidence, and letters of recommendation. (continue on back if necessary) Signature Date Please return this form within ten (10) calendar days to Salem Area Mass Transit District, Ann: Human Resources Director, 555 Court S1. NE, Suite 5230, Salem, OR 97301. BPA 3-21-03 4 " --- SAMTorrRIPLlNK Blanket Purchase Agreement Attachment B Circumstances and Comments (continued) BPA 3-21-03 5 .