Res 1736 - Salem Transit 03-04
COUNCIL BILL NO. 2474
RESOLUTION NO. 1736
A RESOLUTION ENTERING INTO THE STF-108 MARION COUNTY RURAL
AGREEMENT WITH THE SALEM AREA TRANSIT DISTRICT FOR FY 2003-2004 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 2003-2004 as approved
for under Oregon Statute; and
WHEREAS, the City of Woodburn has been awarded $20,189.50 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. 2474
RESOLUTION NO. 1736
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Approved as to form?J ~~ ~
City Attorney
CJ //?/Z&OJ
I Date (
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the office of the Recorder
September 22, 2003
September 24. 2003
September 24, 2003
September 24. 2003
ATTEST:~~
Mary enn ,City Recorder
City of Woodburn, Oregon
Page 2 - Council Bill No. 2474
Resolution No. 1736
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SPECIAL TRANSPORTATION FUND
AGREEMENT-FORMULA FUNDS
FY 2003/2004
.
Agreement No.:
Contractor:
Period Covered:
STF108 (Marion County Rural)
CITY OF WOODBURN
July 1, 2003 through June 30, 2004
STF AGREEMENT (Formula) FY 2003/2004
STF 108 (Marion County Rural)
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.....".. ... ."..... ..... ..-.....
INDEX
FY 2003-2004 STF Agreement
1. SCOPE OF AGREEMENT. ............................................................................................... 1
2. TRANSPORT A nON SERVICES. .............. .... .... ..... .......................................................... 1
3. P A YM ENT ................... ...... ..................................................................................... ...... ..... 2
4. CONTRACTOR'S WARRANTIES.. ............................................................................. ...... 3
5. DISTRICT COVENANTS........................................... ......................... .................. ............. 4
6. EaU I PM ENT .............................................................. ............................ .................... .....:. 4
7. FISCAL ACCOUNTABILITY & RECORDS MAINTENANCE ........................................... 5
8. PROG RAM INCO ME... ................................................. ..... .......... ...................... ................ 6
9. AUDITS & EXAMINATIONS................. ..... ............. ........... ......... ...................... ................. 6
1 O. INSU RANCE................ ........................................... ......... .......... .......... ............. ................. 7
11. INDEM NIFICA nON ................... ........................................................................................ 8
12. INDEPENDENT CONTRACTOR STATUS ....................................................................... 8
13. PERMITS & LICENSES .................................................................................................... 8
14. SAFETY................................................................. ..... .............. ..... ........................ ............ 9
15. ASSIGNM ENT . .................................................................................................................. 9
16. COMPLIANCE WITH LAWS ............................................................................................. 9
17. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS .................................................... 9
18. ORS COM PLIANCE ............ ............................... .................... ......................................... 11
19. TERM INA TION ...... ......... ..... ...... .................... ................................................................... 11
20. WAiVER....................................................................... ............ ......... ................... ............. 12
21. NOTiCE............................... ................................... .......................... ................................ 12
22. DISPUTE RESO Luno N................ ..... ................... .......... .................................. .............. 12
23. SEVERABI LITY ........................ ..................... .... ..................... ......... .............. ..... .............. 13
24. PRIO R AGREEM ENTS ..... .......................................................... ....................... .............. 13
25. JU R ISDlcnON .................................. ......................... ................... ..... .............. ............... 13
26. GOVERNING LAW ...................................... ............................................................ ...... ... 13
27. A TIORNEY FEES ....................................... ..................................................................... 13
28. EXHIBITS ...... ............ ........... ..................................... ........... ........ ..... ....... ........ ....... ......... 13
29. COU NTERP ARTS..................................... ..................... .................................. ................ 13
STF Contract (Formula) FY 2003/2004
STF108 (Marion County Rural)
1.
Agreement #STF108
(Marion County Rural)
SPECIAL TRANSPORTATION FUND AGREEMENT
THIS AGREEMENT is entered into this 1 st day of July 2003, 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. 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 described 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 2003/2004
1
STF 108 (Marion County Rural)
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3. PAYMENT.
3.1 Limitation of Funds. The total funds available under this agreement shall not exceed
the sum of $20,189.50. 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 $20,189.50,
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 1st 2nd Quarter rd th TOTAL
Quarter 3 Quarter 4 Quarter
City of Woodburn $5,047.38 $5,047.38 $5,047.37 $5,047.37 $20,189.50
STF AGREEMENT (Formula) FY 2003/2004
2
STF 108 (Marion County Rural)
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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. 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 2003/2004
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, that the
Contractor is, to the best of it's knowledge, not in violation of any tax laws
described in GRS 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 2003/2004
4
STF 108 (Marion County Rural)
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policies previously or hereafter specifically adopted by the District's Board of
Directors.
6. EQUIPMENT.
6.1 Contractor is responsible for the purchase, repair and replacement of all equipment
required for the performance of services under this agreement. No purchase of
operating equipment or furniture will be reimbursed unless specifically authorized in
writing by the District, and unless such expenditure is further included and expressly
identified in the approved budget as evidenced by Exhibit 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 arlY unobligated budget
appropriations will lapse at that time. All costs directly or indirectly related to this
agreement shall be supported by properly executed payrolls, time records, invoices,
contracts, vouchers or other official documentation evidencing in detail the nature
and propriety of all transactions or expenditures. Contractor agrees to provide the
District, as part of Contractor's monthly billing statement, or at such other times as
may be requested by District, monthly financial information detailing the Contractor's
receipt and use of monies received pursuant to this agreement. On or before the
30th day following the termination of this agreement, Contractor shall identify and
report to the District the prior expenditure of program monies during the agreement
STF AGREEMENT (Formula) FY 2003/2004
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 time during normal business hours, all
records, including, all books of the Contractor's business, and its records, contracts
and files, including client, program and financial records pertaining to this agreement,
shall be available and accessible to the District, the Secretary of State's Office of the
State of Oregon, the Public Transit Section of the Oregon Department of
Transportation, or their duly authorized representatives, for the purpose of audit or
examination.
7.4 Records Retention. The Contractor shall retain all documents pertaining to this
agreement (fiscal, program and administrative) for a minimum period of three (3)
years following the termination of this agreement. If, during such three-year period,
litigation is commenced for the purpose of enforcing the obligations arising out of this
agreement or the administration of the STF program, Contractor agrees to retain all
documents until the final completion of such litigation. Contractor further agrees to
retain all documents until the final completion of any audit or examination of its
activities. The documents to be retained by Contractor include, but are not limited to,
financial records, client records and all personnel records. Upon the termination of
this agreement, or in the event that Contractor ceases to be a provider of STF
services, Contractor agrees, upon its receipt of a written request, to provide the
District all documents, or copies of such documents, related to the services provided
by Contractor under this agreement.
8. PROGRAM INCOME.
8.1 Donations. The District encourages the Contractor to seek voluntary donations, or to
seek other payment from the recipients of transportation services to be applied
toward the costs of transportation services. Any funds received from or in behalf of
transportation service recipients are considered program income and shall be utilized
by Contractor to offset the cost of providing services pursuant to this agreement.
Contractor shall undertake whatever steps are necessary to insure the protection of
the privacy of each person with respect to his or her contribution. While Contractor is
encouraged to seek contributions to be applied toward the cost of administering this
transportation program, Contractor acknowledges and warrants that no qualified
individual will be denied transportation services merely because the individual is
unable or unwilling to make a voluntary donation. Contractor agrees to report any
receipt or expenditure of program income on a first in, first out basis, and all
expenditures received by Contractor, as program income will be deducted from the
Contractor's monthly billing statement.
8.2 All Other Donations. The Contractor shall use all other donations received for
specified purposes for those specified purposes.
STF AGREEMENT (Formula) FY 2003/2004
6
STF 108 (Marion County Rural)
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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 audiVreview 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, AMunicipal 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 botn bodily injury and
property damage.
10.1.4 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 2003/2004
7
STF 108 (Marion County Rural)
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10.1.6 The Contractor, its subcontractors, if any, and all employees working under
this agreement are subject employees under the Oregon Workers'
Compensation law and shall comply with ORS 656.017, which requires
them to provide Workers' Compensation coverage for all their subject
workers.
10.1.7 All contracts of insurance, with the exception of Workers' Compensation
coverage, procured by Contractor shal/ include the District as an additional
named insured.
10.1.8 All policies must have a thirty (30) day notice of cancellation or non-
renewal, unless otherwise agreed to, in writing, by the Contracting Officer.
10.1.9 Contractor shall provide the District with written documentation of insurance
coverage's in the form of a Certificate of Insurance not later than twenty-
one (21) days following the effective date of this agreement. Such
certificate must also be provided as insurance coverage is renewed during
the course of the contract. Upon the Contractor's failure to deliver such
written documentation of insurance coverage, District may suspend,
pending receipt of such documentation, further payments under this
agreement.
10.1.10 In the event a pUblic body contractor is wholly or partially self-insured, it is
agreed that Certificates of Self-Insurance or other satisfactory evidence of
the governmental body's self-insurance program shall be accepted in lieu
of the Certificate of Insurance required under the above provisions.
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 shall defend (with legal counsel acceptable to the District), indemnify and
hold harmless the District, the Public Transit Section of the Oregon Department of
Transportation, and their officers, agents, employees, special transportation advisory
committee, and members against all claims, demands and liability whatsoever,
including but not limited to aI/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 shall, upon the
District's written request, defend (with legal counsel acceptable to the District) any
suit or action which alleges a claim covered by this indemnity agreement. Contractor
shall pay any costs that may be incurred by the District in enforcing this indemnity
provision, including a reasonable attorney's fee.
11.2 Notice of Claims. The Contractor shall immediately notify the District in writing of any
action, suit or proceeding filed against Contractor in any court or before any
regulatory or administrative body. Contractor shall also give prompt notice of any
claim made against the Contractor by any federal, state or local agency,
Subcontractor, vendor, client, or other party, which may result in litigation related in
any way to this agreement. Contractor shall also notify the District immediately of its
intent to file for Protection under the Federal Bankruptcy Act, or to make any filing
under the Federal Bankruptcy Act.
STF AGREEMENT (Formula) FY 2003/2004
8
STF 108 (Marion County Rural)
12. INDEPENDENT CONTRACTOR STATUS.
12.1 The parties acknowiedge that Contractor is an independent contractor and neither
Contractor nor Contractor's employees shall in any way be deemed employees ot
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 emptoyees. 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 ns OWn expense all necessa/)' permits, licenses or other
public authority required in connection With the performance of services under this
agreement, and shall comply with all federal, state, counly 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 necessa/)' protection and precautions for that
purpose, shall comply with all laws and regulations affecting health and safely, and
shall immediately remedy any citation for violation of such laws and regulations, and
shall defend and hold the District harmless from any penally, 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 recove/)' only for services performed prior to terrnination,
waiving al/ other claims.
16. COMPLIANCE WITH LAWS.
16.1 Contractor shall not discriminate against any employee or applicant for employment
because of race, cotor, 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 OAS 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 Transportation Fund
program.
16.3 This agreement is based upon and is subject to Oregon Aevised Statutes, Oregon
Administrative Aules, and Federal Transit Administrative regulations as contained in
OAS 323.455, OAS 391.800 through 391.830 and FT A Circular 9040.10 and
5010.1 B. From time to time these faws, 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 2003/2004
9
STF 108 (Marion County Rural)
...
... '''"-''T
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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, FT A
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 FT A 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
FT A 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. 9
5310(a)(2), or for projects for nonurbanized areas authorized by 49
U.S.C. 95311. 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.
S-.-5310(a)(2) for Elderly Individuals and Individuals with Disahilities If
the contract involves transit operations financed in whole or in part
with Federal assistance authorized by 49 U.S.C. 95310(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.
9 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. 95333(b),
U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments
STF AGREEMENT (Formula) FY 2003/2004
10
STF 108 (Marion County Rural)
..
~.''''''9"'-'''' U", .......'..-.- .....~..~,,,.....~'.",~4..... ~ "',' '__ ....._....._..., d "'"'~'''_'''_ ,. ....... _'"',, ,.__^,'~'d._' ~...~..,_ IV
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.
~ ~311 in Nonurhani7Ao ArAa!=: - If the contract involves transit
operations financed in whole or in part with Federal assistance
authorized by 49 U.S.C. 95311, 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 FT A 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 FT A contract clauses shall control. Not every requirement of
the foregoing state statutes or the FT A 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. Contractor hereby certifies, under penalty of perjury,
that Contractor is, to the best of it's knowledge, not in violation of
19. TERMINATION. any tax laws described in ORS 305.380 (4) .
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 termir.ation, 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 2003/2004
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 Woodbum
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 2003/2004
12
STF 108 (Marion County Rural)
.'
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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 2003/2004
13
STF 108 (Marion County Rural)
.'
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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
B~~~
Jeff m, Ge . ral Manager
LEGAL COUNSEL:
By:
Ben C. Fetherston,
ATTACHMENTS
EXHIBIT A - Oregon Revised Statutes 391.800 to 391.830
EXHIBIT B - Oregon Administrative Rules 732-05-000 to 732-10-045
EXHIBIT C - Statement of Work
EXHIBIT 0 - Program Budget
EXHIBIT E - Monthly Reimbursement Report
S:\3\Jency\commillees\grants-funds-conlractslstf\2003\STF Provider Contract-2003-2004.doc
STF AGREEMENT (Formula) FY 2003/2004
14
STF 108 (Marion County Rural)
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EXHIBIT A
ELDERLY AND DISABLED TRANSPORTATION
391.800 Elderly and Disabled Special Transportation Fund. (I) 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:
(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
99; 1987 c.62 91; 1989 c.224 ~66]
391.810 Distribution of funds to districts and counties; rules. (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 ofthe moneys as the population of 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, ifthere are two or more transportation districts in the
county, as though only the transportation district with the highest population is located in that county.
(b) Each county in which no part of a mass transit district or transportation district is located shall
receive that share of the moneys as its population, determined under ORS 190.510 to 190.610 last
preceding such apportionment, bears to the total population of the state.
(2) After the requirements of subsection (I )(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
http://www.leg.sta1e.or.us/ors/39 I .h1ml
08/18/2003
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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 (I) 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 ofORS
391.800 to 391.830.
(5) Each district or county described in subsection (I) of this section is 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 ~ I 0; 1989 c.224 ~67; 1989 c.866 ~8]
391.815 Discretionary grant account; purpose; application for grant; grant approval;
distribution of moneys. (I) After the requirements ofORS 391.810 have been satisfied, the
remainder of the moneys in the Elderly and Disabled 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 (I) 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.
http://www.leg.statc.or.us/ors/391.html
08/ 18/2003
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(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 ~ 1 0]
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 ofORS 391.800 to 391.830. The
number and terms of the members of an advisory committee appointed under this section shall be
determined by the appointing governing body.
(2) To be qualified to serve on an advisory committee of a district or county, an individual must
reside within the boundaries of the district, the county within which a district or part thereof is
located or the county in which no part of a district is located and must be:
(a) A person who is an elderly or disabled individual and uses transportation services in the district or
county;
(b) A person who is an elderly or disabled individual and lives in an area of the district 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 governing 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 ~ II; 1987 c.532 ~ I; 1989 c.224
~68]
391.830 Use of funds to finance and improve transportation for elderly and disabled. (l)(a)
Each mass transit district and transportation district that receives moneys frbm the Department of
Transportation under ORS 391.810 (I) 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 (I) 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.
http://www.leg.state.or.us/ors/391.htm I
08/18/2003
....
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(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 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) 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 9f 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 oftransportationtl 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.816 912; 1989 c.224 969; 1989 c.866 911]
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 enactment of the Legislative Assembly to reflect the repeal.
Editorial adjustment ofORS 391.830 for the repeal ofORS 323.086 to 323.091 has not been made.
http://www.lcg.state.or.us/ors/391.html
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Transit Division 732 005
Page lof9
EXHIBIT B
The Oregon Administrative Rules contain OARs filed through July 15,2003
DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSIT DIVISION
DIVISION 5
SPECIAL TRANSPORTATION FUND FOR THE
ELDERLY AND DISABLED
General Information
732-005-0000
Purpose of Rule
These rules establish the procedures and requirements of the Public Transit Division 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, OL 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 1 0(4) and Oregon Laws 1989 Chapter 866, Sections 7, 8,
and 11 require the Public Transit Division to adopt rules necessary for the administration of the STF.
Stat. Auth.: ORS 323, ORS 391 & Ch. 866, OL 1989
hltp:l/arcwcb.sos.state.or.us/rules/OARS _70010AR _732/732 _ 005.html
08/15/2003
....
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Page20f9
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
(I) "Administrative Allotment" -- An amount, disbursed annually, for administrative expenses of a
governing body in carrying out functions described under ORS 391.800 to 391.830.
(2) "Advisory Committee" -- A committee appointed by a governing 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 Purchasetl -- Equipment or vehicles that have an acquisition cost of$I,OOO or more.
(4) "Disabled Person" -- Any individual who, by reason of illness, injury, advanced age, congenital
l1!alfunction, or other permanent or temporary incapacity or disability, may have 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 distributioA 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) t1Elderly persontl -- Any individual 60 years of age or older.
(8) "Formula Allocation" -- An amount of STF moneys made available to a governing body on the
basis of the governing body's share of resident population in proportion to the population of the state
as a whole.
(9) "Governing Body" -- The board of directors of any district or the governing body of a county
receiving moneys from the STF.
(10) "List of Services" -- A summary provided to the Public Transit Division 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.
http://arcwcb.sos.state.or.us/rules/OARS_700/0AR_732/732_005.html
08/15/2003
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lranslt UlvlslOn 732 OU)
page j ot ~
(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 governing 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
(i 7) "Representative of Elderly Persons" -- An individual, designated by a governing 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 Division for distribution to
providers of transportation for the purpose of financing and improving transportation programs and
services for the elderly and disabled.
(19) "Divisiontl -- The Oregon Department of Transporation, Public Transit Division.
(20) "Transportation District" -- A special district organized under ORS 267.510 to 267.650.
(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, OL 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
732-005-0016
Purpose of the Special Transportation Fund
Moneys distributed to providers of transportation under OAR 732-0 10 and 732-020 may be used for
the following purposes:
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(I) 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, OL 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 732-005-0060(3)(a-d)
732-005-0021
Administration of Funds by the Public Transit Division
(1) Public Transit Division 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 Division shall
make available moneys from the STF:
(a) Three-fourths ofSTF moneys shall be made available annually to governing bodies on the basis of
population distribution. This will be known as the STF Formula Allocation; and
(b) Of the remaining one-fourth ofSTF moneys:
(A) An administrative allotment of$2,000 shall be made available annually to each governing 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 accQunt shall be for
transportation services for the elderly and disabled as described under ORS 391.830.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, OL 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; Renumbered from 732-005-00 15( 1)
732-005-0027
Eligible Recipients of STF Moneys
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(I) 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 governing bodies.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, OL 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(1)(a-c)
732-005-0031
S:rF Local Advisory Committee Requirements
(1) The governing 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 governing 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 oftransportation 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
(t) 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 governing body in carrying out
the purposes of the STF:
(a) The advisory committee may consider specific providers, services and funding levels for elderly
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transit LJivision 732 00)
Page 6 of9
and disabled transportation and submit recommendations to the governing body;
,
(b) The advisory committee shall review the proposed distribution of formula moneys by the
governing body;
(c) The advisory committee shall review STF discretionary grant proposals and make
recommendations to the governing 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 governing body shall notify the Division 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 governing body shall make copies of advisory committee minutes and meeting notices
available to the Public Transit Division upon request.
Stat. Auth.: ORS 323, ORS 391, Ch. 816, OL 1985 & Ch. 866, OL 1989
Stats. Implemented: ORS 391.820
Hist.: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTO 1-1989(Temp), f. & cert.
ef. 12-29-89; PTO 1-1986, f. & ef. 1-10-86; PTO 1-1990, f. & cert. ef. 5-31-90; Renumbered from
732-005-0065
732-005-0036
Accounting Requirements of the STF Program
(I) The governing body shall receive and disperse STF moneys from a separate governmental fund.
(2) Inspection of Records and Services:
(a) STF recipients shall permit the Division, the Secretary of State of the State of Oregon, or their
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Transit Oivision 732 005
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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 Division, the Secretary of State of the State of Oregon, or their
authorized representatives, upon reasonable notice, access to all data and records relating to the
transportation system and its management, as well as the physical premises and equipment of the
system.
(3) Record Retention:
(a) The governing body shall maintain all financial records for at least three years after the Division's
final disbursement for the fiscal year;
(b) The governing body shall maintain all records relating to capital purchases for three years after
disposition of equipment.
Stat. Auth.: ORS 323, ORS 391, Ch. 816, OL 1995 & Ch. 866, OL 1989
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 732-005-0070
732-005-0041
Capital Purchase Requirements
(I) 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
governing body or in the name of the organization receiving the equipment;
(b) If the vehicle is registered in the name ofthe organization receiving the equipment, and that
organization is not the governing 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 participati<?n shall be returned to the
STF.
(3) The governing body shall notify the Division 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, OL 1985 & Ch. 866, OL ]989
Stats. Implemented: ORS 391.810 - ORS 391.830
Hist.: PTO 1-1986, f. & ef. 1-10-86; PTO ]-1987, f. & ef. 11-24-87; PTO 1-1989(Temp), f. & cert.
ef. 12-29-89; PTO 1-1990, f. & cert. ef. 5-31-90; Renumbered from 732-005-0075
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732-005-0046
Audit Requirements
(I) STF moneys shall be specifically addressed in the governing body's annual audit. If requested by
the Division, the district or county shall provide the Division with a copy of the audit report.
(2) The Division may request additional information including, but not limited to, audits of specific
projects or services.
Stat. Auth.: ORS 323, ORS 391, Ch. 816, OL 1985 & Ch. 866, OL 1989
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 732-005-0080
732-005-0051
Reporting Requirements
(}) 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 Division;
(b) For projects funded by the Formula Program, a report form, provided by the Division, 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 Division
to be completed as required. .
Stat. Auth.: ORS 323, ORS 391, Ch. 816, OL 1995 & Ch. 866, OL 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
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732-005-0056
Withholding of Funds from a Governing Body
(I) The Division may withhold payment ofSTF moneys if:
(a) The funds are not being used in accordance with these rules;
(b) All required reporting has not been submitted; or
(c) There are any unresolved audit findings relating to the STF.
(2) If 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, OL 1985 & Ch. 866, OL 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 1-1 989(Temp), f. & cert.
ef. 12-29-89; PTD 1-1990, f. & cert. ef. 5-31-90; Renumbered from 732-005-0050
The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives
Division, 800 Sununer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor
of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon
Secretary of State. Terms and Condilions of Use
Alphabellnllndex by Agency Name
Numerical Index by OAR Chapler Number
Snrdllhe Texl of the OARs
QYnt!lmI aboul Admlnlstrallve Rules?
Link 10 Ihe Oregon Revised Slalules (ORS)
~.n.urn 10 Oregon Stale Archives Home rage
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Transit Division 732 010
Page 1 of7
.,~ OREGON SECRETARY OF STATE
:'~~ ~ Oregon State Archives
;~~.:, /~Iattve' reco.rds mgmt:;Q,:'genealogy: '.. governors
:'<L'\":"2;':);::::;'..:~;~:;~hold ri'QS", ;..state agencV'/~IOC'er:~ovt: :i~''.wefjextil ts~!:tour\' ,I
The Oregon Administrative Rules contain OARs filed through July 15,2003
DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSIT DIVISION
DIVISION 10
THE SPECIAL TRANSPORTATION FUND
FORMULA PROGRAM
732-010-0005
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.
(I) Revenues from the Special Transportation Fund are made available in an annual allocation cycle.
(2) STF governing bodies may apply at any time during the annual cycle.
(3) Money is paid regularly to the governing body upon approval of application.
Stat. Auth.: ORS)23, ORS 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS_391.810
Hist.: PTD 1-1990, f. & cert. ef. 5-31-90
732-010-0010
Formula Distribution
For those STF moneys distributed by formula:
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(I) 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 Division 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 Division shall distribute STF monies regularly.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, OL 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)
732-010-0015
Applications Procedures for the STF Formula Program
For those moneys allocated by formula, administrative allotment and minimum allocations, the
governing body shall submit a complete application on forms supplied by the Public Transit Division.
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 governing 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 governing body may amend the list at any time by filing an amended list with the Division;
(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 Division, prior year STF moneys remaining available
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in the state account, and the STF moneys on hand in the local governing 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 Division. 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
Division 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
Division.
(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, OL 1985
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 732-005-0020
732-010-0020
Application Review
(I) The Public Transit Division shall review applications to determine if program requirements have
been met. If not, the Division 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;
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(e) The use ofSTF 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, OL 1985
Stats. Implemented: ORS 391.810
Hist.: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD I-I 989(Temp), f. & cert.
ef. 12-29-89; PTO 1-1990, f. & cert. ef. 5-31-90; Renumbered from 732-005-0030
732-010-0025
Service Review
(1) The Division shall review the proposed list of services in each application. The Division shall
consider material submitted in the application, information furnished 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
Division 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 Division 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 wi~hin its jurisdiction and
may shift funds among approved providers as necessary for the desired services:
(a) Adding new providers requires Division approval; and
(b) Changes in the distribution of funds among already approved providers does not require Division
approval.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, OL 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.
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ef. 12-29-89; PTD 1-1990, f. & cert. ef. 5-31-90; Renumbered from 732-005-0035
732-010-0030
Disbursement of Funds
Upon approval of the application the Division shall disburse the funds.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, OL 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 732-005-0040
732-010-0035
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
f9r 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 ofthe 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 governing 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 u~ed;
(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 Division.
(4) STF moneys shall be received and disbursed from a separate governmental fund.
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(5) If any interest is earned by the governing 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 governing body shall enter into written agreements with transportation providers.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, OL 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 732-005-0045
732-010-0040
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.
(I) 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 ofSTF moneys, monitoring the use
ofSTF moneys, and preparation of the application for funds.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, OL 1985
Stats. Implemented: 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 732-005-0060(1-2)
732-010-0045
Redistribution of Program Funds
For formula moneys, the Public Transit Division shall redistribute funds that have not been requested
after three years to participating governing bodies.
Stat. Auth.: ORS 323, ORS 391 & Ch. 816, OL 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 732-005-0055
The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives
Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor
of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon
Secretary of State. T~!m~i'Qd_('ol!dilj!l!ls .()flJsc
A!/l1L~J1.tl!.rn Index by Agency Name
http://arcweb.sos.state.or.us/rules/OARS_700/0AR_732/732_010.html
08/15/2003
EXHIBIT C
SPECIAL TRANSPORTATION FUND (STF)
STATEMENT OF WORK
CITY OF WOODBURN
BACKGROUND:
The City of Woodburn is a municipal corporation that 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 disabled
residents who will benefit from Fiscal Year 2003-2004 STF funding.
A paratransit van service provides door-to-door service to the general elderly
and disabled population of the city. Forty hours of weekly service is prov[ded
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 themselves and work
under the city=s Retired Senior Volunteer Program (RSVP).
It is anticipated that during Fiscal Year 2003-2004 that the paratransit van will
provide approximately 7,200 rides and the volunteer driver program will provide
approximately 3,000 rides.
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T1"
CITY OF WOODBURN
BUDGET
PROGRAM REVENUES
Federally Generated Revenue
Section 3037 (Job Access)
Section 5309
Section 5310
Section 5311
STP Surface Transportation Program
OMAQ - Congestion Mil. Air Quality
OTIB - OR Transportation Infrastructure
Other:
State Generated Revenue
STG - Special Transportation Grant
Other State Grant Awards: (List Below)
Locally Generated Revenue
Foundations
In-Lieu/General Fund
STF Special Transportation Fund
Local Taxes and Fees
Interest/Carryover
Advertising
Cash Donations/Fare Donations
Service Contract Revenue: (List Below)
OMAP Contract
AFS Contract
DHS Contract
Local Event Contract Service
Other Local Source Revenue
Non-Cash Contributions
Value of Volunteer Serevices
Value of Non-Cash Donations
Donated Administrative Overhead
Operating Revenue
Fare Box
Charter Bus Revenue
Special Service Revenue
Capital Related Revenue
Sale of Surplus Vehicles/Equipment/Facilities
TOTAL PROGRAM REVENUES
...'
_._-...,...._._.~."."'_.._. ---..., .. , ...........-.., ... ,.. .-...-....----
PROPOSED
REVENUE
$
41,000
20,190
126,729
19,289
5,000
4,000
18,000
22,000
$ 256,208.00
EXHIBIT 0
APPROVED
REVENUE
$
$
2003-2004
PROGRAM BUDGET
PROPOSED APPROVED
OPERATING EXPENSES EXPENSES EXPENSES
Salary/Fringe Benefits:
DispatchfTransit Coordinator Personnel 15,240 $
Paid Drivers 78,112
Volunteer Drivers 18,000
Maintenance Personnel 3,100
Fringe Benefits 34.782
Operations Employee Training:
Travel 150
Training 400
Vehicle Maintenance:
Tires 2,750
Fuel and Oil 11,500
Spare Parts 3,750
Transit Service Contracts
Outside Vehicle Maintenance 4.100
Vehicle Insurance 2,900
Other Operating Expenses:
License/Fees
Volunteer Reimbursement 13,257
Uniforms 225
Total Operating Expenses $ 188,266 $
CAPITAL EXPENSES
Vehicle Purchase/Rehabilitation
Capital Reserve Account
Vehicle Lease
Total Capital Expenses 0 $
PLANNING EXPENSES
Administrative (Agency Expenses)
Consultatnt Expenses
Total Planning Expenses 0 $
TOTAL PROGRAM BUDGET 256,208.00 $
CITY OF WOODBURN
BUDGET
......-
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2003-2004
~
PROGRAM BUDGET
PROPOSED APPROVED
ADMINISTRATIVE EXPENSES EXPENSES EXPENSES
Salary & Fringe Benefits:
Executive Director $ $
Fiscal Officer
Administrative Assistant
Program Manager 12,240
Secretary/Clerical 15,240
Fringe Benefits 6,880
RentILeases:
Facility
Office Equipment
OverheadlUtilitieslJanitorial:
Telephone 1,800
Facility Maintenance
Administrative Employee Training
Travel 200
Training 150
Marketing/Public Involvement:
Advertising 200
Professional Services 400
Printing 1,250
Contract Services:
Legal
Audit
Other Professional Services
Admin Drug/Alcohol Testing:
Drug Testing 400
Other Admin Expenses
Mileage Reimbursement
Postage 150
Office Supplies 750
City Administrative Overhead 28,282
Total Administrative Expenses $ 67 ,942 $
CITY OF WOODBURN
BUDGET
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2003-2004
..
Monthly Report FY 2003/2004
EXHIBIT E
PROVIDER: CITY OF WOODBURN
Agreement Number: STF #108
Project Name: CITY OF WOODBURN
Project Manager: RANDALL ROHMAN
Mailing Address: 270 MONTGOMERY STREET
WOODBURN, OR 97071
Telephone Number: 503-982-5345
Section 1
Operating Statistics
Month that reporting period covers:
Days eperated in reporting period:
Weekend Days:
Total:
Weekdays:
Vehicle service miles
this month?
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 1:
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.
.,.+ ^
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"'."-...........--.,,,.~___~+....,,..,..,._,...~'''"_~.~............w....~.....-."........~.........
Monthly Report FY 2003/2004 EXHIBIT E
Approved
Budget Current Month Year-to-Date
Section 2 Administrative Expenses Expenses Expenses Expenses
ADMINISTRATIVE EXPENSES
Salary & Fringe Benefits: $ $ $
Executive Director
Fiscal Officer
Administrative Assistant
Program Manager
Secretary/Clerical
Fringe Benefits
Rent/Leases:
Facility
Office Equipment
O~erhead/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 $ $ $
~._.,,,", ....... >.__' -<'~~'_'_" ..__,_-'_........~.___"._._4^""....~_-'._1....._..,-."..~_ ".+.,_,,,,. -.' ,
Monthly Report FY 2003/2004 EXHIBIT E
Approved Current Month Year-to-Date
Section 3 Operation Expenses Expenses Expenses Expenses
Salary/Fringe Benefits
DispatchlTransit Coordinator Personnel $ $ $
Paid Drivers
Volunteer Drivers
Maintenance Personnel
Fringe Benefits
Operations Employee Training:
Travel
Training
Vehicle Maintenance:
Tires
Fuel and Oil
Spare parts
Transit Service Contracts
Transit Vehicle Maintenance Contract
Vehicle Insurance
Other Operating Expenses:
License/Fees
Volunteer Reimbursement
Uniforms
Contingencies
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 $ $ $
TOT AL PROGRAM BUDGET $ $ $
.'
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.....~_.."' _..,. ._.-'...,__. ..j. ..~".."...,_".,,'_..._,.,_,c,..,_"__..........'""....--___
Monthly Report FY 2003/2004
Section 6 Program Revenues
1. Federally Generated Revenue
Section 3037 (Job Access)
Section 5307
Section 5309
Section 5310
Section 5311
STP Surface Transportation Program
OMAQ-Congestion MIl. Air Quality
OTIB-OR Transportation Infastructure
Other:
2. State Generated Revenue
STG-Special Transportation Grant
Other State Grant Awards: (List)
3. Locally Generated Revenue
Foundations/Donations
In-Lieu/General Fund
STF 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/EquipmenVFacilities
.'
.. .. ...--.'. ." "11'" . ,. -_.. . ,.... ..
Approved
Revenue
$
Current Month
Revenue
$
EXHIBIT E
Year-to-Date
Revenue
$
Monthly Report FY 2003/2004
Section 6: Program Revenues
(continued)
6. Non-Cash Contributions
Non-Cash Contributions: (List)
Value of Volunteer Services: (List)
Value of Services or Supplies: (List)
Value of Admin Overhead: (List)
TOTAL PROGRAM REVENUES
-.'
..."......... P'. '11"" ,.",
Approved
Revenue
$
Current Month
Revenue
$
EXHIBIT E
Year-to-Date
Revenue
$
Monthly Report FY 2003/2004
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
$
$
The 'above information is true and accurate to the best of my knowledge.
Signed:
Date:
Specialized Transportation Division:
Signed:
Date:
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