Res 1506 - Agrmt Salem A Transt
COUNCIL BILL NO. 1922
RESOLUTION NO. 1506
A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE SALEM AREA TRANSIT
DISTRICT KNOWN AS THE "STF-108-21 AGREEMENT", FOR FV 1998-99 AND
AUTHORIZING THE MA VOR TO SIGN SUCH AGREEMENT.
WHEREAS, the City of Woodburn applied for Special Transportation funds for
Fiscal year 1998-99 as approved for under Oregon Statute, and
WHEREAS, the City of Woodburn has been awarded $10,000.00 in operational
assistance for the Dial-A-Ride program, and
WHEREAS, the Salem Area Transit District administrates the Special
Transportation Fund for Marion County. NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOllOWS:
Section 1. That the City of Woodburn enter into an agreement with the Salem
Area Transit District, which is affixed as Attachment "A" and by this reference
incorporated herein, to secure Special Transportation Funds for Dial-A-Ride operating
assistance.
Section 2. That the Mayor is authorized to execute and the City Administrator
to administer said agreement on behalf of the City.
Page 1 -
COUNCil Bill NO. 1922
RESOLUTION NO. 1506
"..~~;""~
'__C'-'_~.C____'_'~____~.__'___"__
Approved as to form: L)) .~
City Attorney
~-Zo-1o
Date
APPROVED:
Nancy A. K'
Passed by the Council
A
Submitted to the Mayor
Approved by the Mayor
August 25. 1998
Al1l?:J1~r 7'), jqqR
Filed in the office of the Recorder
^--d
Ausmst 25. 1998
ATTEST: cu..'
Mary Tenn nt, City Recorder
City of Woodburn, Oregon
Page 2-
COUNCIL BILL NO. 1922
RESOLUTION NO. 1506
-~----~ "---'.'~'.~'- ----,,-_. .~.---_.._--
SPECIAL TRANSPORTATION FUND
AGREEMENT - FORMULA FUNDS
FY 1998/99
Period Covered:
STF-108-21
CITY OF WOODBURN
July 1, 1998 through June 30, 1999
Agreement No.:
Contractor:
..."
." '" '''----r--''.''....--.''''..''.. -.-,. ,.. ...., . -,~"-,,_..,,._-,. , ,
IN D EX
FY 98-99 STF Agreement
1. SCOPE OF AGREEMENT. ........................................................................ 1
2. TRANSPORTATION SERVICES. ............................................................... 2
3. P A YM ENT ............................................................................................. 2
4. CONTRACTOR'S WARRANTIES ..... ....... ............. ............... ........... ........... 5
5. DISTRICT COVENANTS. ................... ........................... ....... ..... ............... 7
6. EQUiPMENT........... ..... ........................... ............................. ..... ............. 7
7. FISCAL ACCOUNTABILITY & RECORDS MAINTENANCE ........................... 8
8. PROGRAM INCOME .............................................................................. 10
9. AUDITS & EXAMINATIONS.... ...... ................... ....................... ........... ..... 11
10. INSURANCE......................... .................................................. .............. 12
11. INDEMNIFICATION ................................................................................ 14
12. INDEPENDENT CONTRACTOR STATUS .................................................. 15
13. PERMITS & LICENSES ........................................................................... 15
14. SAFETY.. .... . . . . . . .. ..... . . ... ... .. . ... ... .. . .... ...... ......... .. ... ..... .. .. .. . . . . ..... . .. .. . .. . ... 1 5
15. ASSIGNMENT ....................................................................................... 15
16. COMPLIANCE WITH LAWS ..................................... ............................... 16
17 . TERMINATION............. ........................... ......... ............................ ......... 16
18 . WAiVER............................................................................................... 18
19 NOTiCE................................................................................................ 18
20. DISPUTE RESOLUTION... ..................... .................... ....................... ....... 18
STF Contract (Formula) FY 98/99
STF-108-21
1
.,c~~ ...,_ ._~.... '~._~'~_".__.~__._"_"'___'~_~..__
21. SEVERABILITy...................................................................................... 19
22. PRIOR AGREEMENTS. ..... ................. ......... .............. ........... ..... .............. 19
23. JURISDICTION ...................................................................................... 19
24. GOVERNING LAW................................................................................. 20
25. ATTORNEY FEES ...... ..... ........ ......... ... ...... ....... .............. ....... ........... ...... 20
26. EXHIBITS............................................................................................. 20
27. COUNTERPARTS .................................................................................. 20
STF Contract (Formula) FY 98/99
STF-108-21
ii
"".,.....~
"-T""" ".,'~~_..,.,",'", ".. '---""-'''' --~,'-_..
v~ial Transportation Fund Monthly Report FY 1998/99
Page 4
Section 5 Program Revenues
Federally Generated Revenue
Section 5307
Section 5309
Section 531 0
Section 5311 (Woodburn Only)
OMAP (Federal Match 60%)
MH/DD (DD5~)
Vocational Rehabilitation
Adult & Family Services
Family & Children Services
OM (non-SDSD)
State Generated Revenue
STG Discretionary
TS&S
OMAP (State Match 40%)
Other (Please List)
Surface Transportation Program
Locally Generated Revenue
Fare Revenue
Foundation
In-Lieu
Local Taxes and Fees
Interest Earnings
Service Contract Revenue
Advertising Income
Volunteer Services
Non-Cash
Cash Donations/Bequeathments
Sale of Capital
Total Program Revenues
....,~--r-
Approved
Revenue
$
33,178
40,000
21,600
12,600
93,416
15,117
17,400
5,200
$
238,511
EXHIBIT E
STF #: 108-21
Current Month
Revenue
, .J'
..
Year-to-Date
Revenue
-
Special Transportation Fund Monthly Report FY 1998/99
Page 3
Section 3 Operating Expenses
EXHIBIT E
STF #: 108-21
Approved
Expenses
Current Month
Expenses
Year-to-Date
Expenses
Salarv/Frinae Benefits:
Dispatch Coordinator $ 14,028
Drivers 68,596
Maintenance Personnel 2,000
'" po
Fringe Benefits 7,411
Vehicle Maintenance:
Tires 3,450
Fuel/Oil 15,500
Spare Parts:
Parts and Supplies
Vehicle Insurance:
Vehicle Insurance 2,500
Service/Maintenance
Contract:
Maintenance Contract 5,000
Other Operatina
Expense:
License/Fees
Taxes
Volunteer Mileage
Reimbursement 12,000 --
Other Operating Expenses
(please list)
Total Operating Expenses $ 130,485
Section 4 Capital Expenses
Vehicle Purchase $ 50,000
Vehicle Rehabilitation
Other Capital Expense
(Please Ust)
Transfer to capital reserve
for transit bus match fall
1999 5,000
Total Capital Expenses $ 55,000
"."'''''''T" . ....-...." .. "
_"_~"'._,4__'""_".,, d,'_""" .'.' ",_""_"""_",,,,,__,v,,-~",+.......-.....-,._____.,~.,,,____,,,,",,............ TT
v~cial Transportation Fund Monthly Report FY 1998/99
Page 2
Section 2 Administrative Expenses
Salary & Frinae Benefits:
Executive Director
Fiscal Officer
Administrative Assistant
Program Manager
Secretary/Clerical
Fringe Benefits
Rent/Lease/Overhead:
Rent
Office Supplies
Postage
Utilities/Jan itoriallMai nt:
Telephone
Equipment Lease
Facility Maintenance
Marketina/Public
Involvement:
Advertising
Printing
Mileage/Parking
Contract Services:
Facility Insurance Bond
Audit
Contracted Services: Equipment
Repair
Admin Drua/Alcohol Testina:
Drug Testing
Other Admin Expenses:
Professional Admin Services
Meetings/Conferences
Total Administrative
Expenses:
" ...d....."
'->
12,231
14,028
4,326
9,000
1,200
250
1,500
1,300
Approved
Expenses
400
1,750
1,300
1,000
300
1,200
12,491
750
$
63,026
EXHIBIT E
STF #: 108-21
Current Month
Expenses
-
--
Year-to-Date
Expenses
.-
0~ial Transportation Fund Monthly Report FY 1998/99
Page 1
CITY OF WOODBURN Agreement Number:
Project Name: Woodburn Transportation Services
Project Manager:
Randall Rohman
Mailing Address: 270 Montgomery St.
Woodburn, OR 97071
Telephone Number: 1-503-982-5245
Section 1
Operating Statistics
Month that reporting period covers,
Days operated in reporting period?
Weekdays Weekend Days:
Total:
Vehicle miles operated
this month?
Vehicle hours
operated this month?
Vehicle revenue
hours this month?
Vehicle revenue miles
this month?
Volunteer Miles
Volunteer Hours
Disabled Clients
General Public
Children 1
Senior Citizens
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?
I General public passengers who are less than 19 years of age.
"-"'T""
EXHIBIT E
STF #: 108-21
STF-108-21
i...,,"
.-
......
CONTRACT #: STF -108-21 EXHIBIT 0
AGENCY NAME: City of Woodburn
Operating Expenses
Dispatch/Coordinator (390-8016-319-108) 14,028 14,028
Drivers (300-8017-319-1081 72,197 68,596
Maintenance Personnel (300-8077-319-1081 2,000 2,000
Fringe Benefits (300-8019-319-1081 8, 1 63 7,411
Maintenance Contracts (300-8042-319-1081
Vehicle Insurance (300-8056-319-1081 '-~
2,900 2,500
Fuel, Oil, Parts (300-8057-319-1081 16,653 15,500
Operations Contracts (300-8053-319-108)
Licenses/Fees (300-8054-319-108)
Taxes (300-8059-319-108)
Maintenance Vehicle
Volunteer Mileage (300-80_-319-1081 0 1 2,000
Reimbursement
Uniforms & Tires (300-80_-319-1081 3,450 3,450
Purchased vehicle (300-80_-319-108) 5,000 5,000
maintenance service
Total Operating Expense
124,391
130,485
Capital Expenses
Vehicle Purchase
Vehicle Rehabilitation
50,000
50,000
Other Capital Expenses
Transfer to capital reserve for
transit bus match fall 1999
5,000
Total Capital Expenses
50,000
Total Program Expenses
250,410
248,511
Page 3 of 3
"-".T'.',
..~".....
Total Administrative Expense
75,839
63,026
"'T
Page 2 of 3
,_.,_....>.o___.,__._...,.__..,..........._...._.__-l...............~___..,_,_,. t ..... _.........-'_,_~_.______,_~~._.,"'~
CONTRACT#: STF -108-21
AGENCY NAME: City of Woodburn
'-""" .~..".
Program Income
EXHIBIT 0
Income Sources
Proposed
Application
Funded
Revenue
locally Generated Revenue
Fare Revenue
Foundations
In-Lieu
Special Transportation Formula (STFI
Local Taxes and Fees
Carryover, Interest Earnings
Service Contract Revenue
Advertising Income
Volunteer Services
Cash Donations/Bequeathments
Sale of Capital
State Generated Revenue
Special Transportation Discretionary
TS & S
21 ,600
12,600
20,000
95,721
16,389
1 7,400
5,200
500
Surface Transportation Program
40,000
Federal Generated Revenue
Section 5307
Section 5309
Section 5310
Section 5311
Surface Transportation Program
OMAP
Vocational Rehabilitation
MH/DD
Adult and Family Services
Family and Children Services
OAA (non-SDSD)
Total Program Revenues
21 ,000
250,410
21,600
<..l"
12,600
1 0,000
93,416
15,117
1 7,400
5,200
o
33,178
40,000
248,511
.T'
-_.<--, ._","~_."",.,.......--,--..-~.,......,._-........ .....
Page 1 of 3
-~-;1'--"''''''''
NTRACT #: STF -108-21
.;ENCY NAME: City of Woodburn
EXHIBIT C
Scope of Work (What is the problem to be solved, and how will your proposal
solve this problem. Describe the characteristics of your agencies transportation
service. Please define the service ar-ea or corridor; days and hours of service; trip
purposes; response time or trip scheduling process. Describe the coordination
activities that your agency will pursue in the next year.)
Woodburn Transit System will provide a general public fixed route bus service to
Woodburn residents. Service is available Monday through Friday between 9:00 a.m.
and 5:00 p.m.
'..l"
The Dial-A-Ride paratransit van will provide transportation services to 5,550 senior
and disabled residents living within the City of Woodburn. This service will be
provided to residents traveling within the City of Woodburn. Days of Operation will
be Monday, Tuesday, Thursday, and Friday from 9:00 am until 5:00 p.m. This
program serves as the fixed route transit systems ADA complementary paratransit
program.
The city will use STF and local funding to provide service on Wednesday starting in
April, 1999. If revised budget projections are favorable the start date for the fifth day
of van service will be moved up to January, 1999. The fifth day of para transit service
will bring the city into compliance with ADA complementary paratransit service.
Woodburn Transit also offers the City's residents with a Volunteer Transportation
Program. The volunteer driver program will coordinate medical trips as required
seven days per week.
Woodburn Transit will coordinate with the Wheels Community Transportation
program and Silverton Community Care Transportation Center program by
coordinating schedules. In addition the transit system will coordinate with other
local social service agencies to assess the transportation needs and marketing the
transit systems services to their clients. Woodburn Transit will participate in the
Special Transportation Advisory Committee's (STAC) strategic planning process
throughout FY 1998-99.
Program Manager (Please list the person responsible people along with addresses
and telephone numbers where they can be reached.)
Randy Rohman, 270 Montgomery St, Woodburn OR 97071, (503) 982-5245
"-'.~T...'
........
lNTRACT #: STF -108-21
JENCY NAME: City of Woodburn
EXHIBIT C
Statement of Work
Background (Please describe your organization. What is your agency's non-profit
status, mission statement, goals and objectives. Describe the clientele served by this
project and where do they live. How many people will be served by this project?)
The City of Woodburn is a municipal corporation. The City established the Woodburn
Transportation Services (WTS) to provide Woodburn residents public transportation
services. In addition to providing fixed route bus service, the WTS ope:r~s Dial-A-
Ride and Volunteer transportation services that provide senior and disabled
transportation.
The mission of Woodburn Transit System's Dial-A-Ride program is to coordinate and
provide safe, reliable and efficient transportation service to the City's 5,550 senior
and disabled residents. The objective of the system is to provide trips for medical
needs, shopping, and social activities within the City of Woodburn.
The Dial-A-Ride program also coordinates and organizes Retired Senior Volunteer
Program volunteers to provide transportation to medical services within and outside
of the City of Woodburn.
Woodburn Transit hasn't met the complementary paratransit provisions established
by the Americans With Disabilities Act (ADA) of 1990. Of the six ADA service
criteria, the hours and days of service criteria is the primary reason the city is not in
compliance. Since it does not meet the hours and days of service criteria the response
time is also not met. The city complies with the remaining ADA service criteria.
Project Benefits (What are the measurements that will be used to demonstrate the
success of this project?)
Woodburn Transportation Services will be in compliance with ADA complementary
paratransit requirements by April, 1999. If revised budget projections are favorable
the start date for the fifth day of van service will be moved up to January 1999. The
fifth day of paratransit service will bring the city into compliance with ADA
paratransit requirements.
The transportation program benefit measures are passenger miles, vehicle miles,
number of rides, and vehicle hours, number of clients served.
'.'T-
^ "....__._.._--"..._-,~_._.,.".~~....,.,"--.,_.....4---,-_._""'-.,.....,___.__._,..__.--.- ...... ____'-'~___~...-.".4~__'~_I.,..'_.4._..~fu_'".._,_'_."'
(b) A project is in clear violation of the laws or rules of this program, or is improperly using
program funds; and
(c) A project is incapable of being performed, or has not been performed, in a safe, prudent
and timely manner.
Stat. Auth.: ORS Ch. 323,391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.815
~ ..'l"
Hist.: PTD 1-1990, f. & cert. ef. 5-31-90
732-020-0045
Redistribution of Funds
For Discretionary Account moneys, the Public Transit Section will return funds awarded, but
not used, back to the Discretionary Aqcount upon termination of a grant.
Stat. Auth.: ORS Ch. 323, 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.815
Hist.: PTD 1-1990, f. & cert. ef. 5-31-90
..
""d'T'"
1--""-"" s
(2) For capital projects, payment may be made upon receipt of vendor invoice or billing.
(3) Other arrangement for payment is at the discretion ofthe manager of the Public Transit
Section. .
Stat. Auth.: ORS Ch. 323, 391 & Ch. 816, Oreg'on Laws 1985
Stats. Implemented: ORS 391.815
Hist.: PTD 1-1990, f. & cert. ef. 5-31-90
....".
732-020-0035
Use of Funds
The uses of the STF moneys may include such expenses as operating costs, capital costs, and
management costs directly associated with activities conducted to complete the project.
Stat. Auth.: ORS Ch. 323, 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.815
Hist.: PTD 1-1990, f. & cert. ef. 5-31-90
132-020-0040
Discretionary Project Monitoring
(1) The Public Transit Section shall monitor each discretionary project on an ongoing basis
by:
(a) Review of project reports~
I
,
I
(b) An annual on-site visit to the governing body; and
(c) Review of other information as appropriate.
(2) Discretionary grants may be terminated or suspended by the Section before the date
indicated in the project time frame. Grounds for termination or suspension of a project shall
include, but are not limited to, a finding by the Section that:
(a) A project is in clear violation of state or local laws or regulations governing passenger
transportation;
't
",~"'_..
732-020-0025
STF Discretionary Grant Evaluation Panel
The Public Transit Section will estabiish statewide and/or regional grant evaluation panels to
review proposals and recommend project awards.
(1) The grant evaluation panel will be composed of members with extensive knowledge of
elderly and disabled transportation:
(a) Members of the panel may not benefit monetarily from any funding decisior,; and
(b) The Public Transit Section shall appoint individuals to serve on the grant evaluation
panel. The Section may solicit nominations from state agencies, organizations representing
senior and disabled citizens, the community, local transportation planners and the
transportation service industry.
(2) The grant evaluation panel shall:
(a) Review proposals, evaluate needs, consider costs of services, evaluate service quality, and
review operating policies and performance;
(b) Recommend applications for discretionary funding to the Section for approval;
(c) Adhere to the Oregon Public Meetings Law; and
(d) Review and recommend standards and criteria for discretionary grants to the Section.
Stat. Auth.: ORS 184.616 & 391.810
Stats. Implemented: ORS 391.815
Hist.: PTD 1-1990, f. & cert. ef. 5-31-90; PTD 1-1994, f. & cert. ef. 12-30-94
732-020-0030
Award of Funds
Upon approval of the grant applications by the Oregon Transportation Commission, the
Public Transit Section will award funds:
(1) For planning, needs assessment, research, demonstration and operating projects:
(a) Payments will be made based on reported expenditures; and
(b) Final payment will be made upon receipt of final reports.
..
'-"T'
.-..+"~,.........,-",....--...t._~--",~~...".~"...,_.~_..----~--_~""t--~-~_ I
'._._..,.......,~,
(f) After consideration of the evaluation panel's review, the Section shall submit a final
recommendation for funding to the Oregon Transportation Commission.
(2) Criteria for review and selection of discretionary projects shall be established by the
Oregon Transportation Commission. Criteria used for review and selection shall include but
not be limited to assessment of:
(a) Demonstrated local support for the project;
(b) The need for the proposed project;
, ...
" ~. c
(c) The effectiveness of the proposed project;
(d) The efficiency of the proposed project;
(e) The appropriateness in scope or scale of the project;
(f) A satisfactory history of performance, if appropriate; and
(g) Consistency with state and local priorities and needs as identified in planning documents.
(3) Projects eligible for discretionary grants include:
(a) Planning and needs assessment projects;
(b) Training, research and demonstration projects;
(c) Capital request projects; and
(d) Operating request projects.
Stat. Auth.: ORS Ch. 323, 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.815
Hist.: PTD 1-1990, f. & cert. ef. 5-31-90 I
.....".
'"......^.....,....,'~._. ,_,~._"'_,_... _"....'''M."..''''.~_. _..~....4'.~_;"_~___._,~"...__,~,"c._"'_,.,......_,_......."
(2) The application for anyone governing body shall be no greater than 50% of the annual
discretionary grant account.
(3) A discretionary proposal for rais~ng operating levels shall not exceed one-third of the
current annual STF formula program allocation for the governing body.
(4) Applications must document coordination of area transportation resources.
(5) Proposed projects shall be consistent with Local Transportation System Plans, where such
plans exist.
, ._:0
Stat. Auth.: ORS 184.616 & 391.810
Stats. Implemented: ORS 391.815
Rist.: PTD 1-1990, f. & cert. ef. 5-31-90; PTD 1-1994, f. & cert. ef. 12-30-94
732-020-0020
Application Review
(1) The Public Transit Section will establish a process for discretionary application review
which shall include, but not be limited to:
(a) An initial screening by Public Transit Section of applications for compliance with
standards and assurances of appropriate management, accounting and procurement practices;
(b) A review of applications to determine if program requirements as specified in OAR 732-
005-0015 have been met. If program requirements are not met, the Section may ask for
further information or clarification or may recommend disapproval of the application to the
Oregon Transportation Commission and advise the governing body of the grounds for
recommending disapproval;
(c) Grounds for the Section to disapprove an application may include, but are not limited to,
~e following:
I
(A) No advisory committee, or improper membership;
(B) Governing body failure to confer with the advisory committee; and
(C) Funds are not being used in accordance with OAR 732-005-0000 to 732-020-0045.
(d) A review conducted by the appointed STF grant evaluation panel based upon established
criteria pursuant to OAR 732-020-0020(2);
(e) An opportunity for the applicant to comment and provide further information; and
..
. __.......'.. ._" ...... H' _"
..
732-020-0010
Application Procedures for the STF Discretionary Program
(1) For those moneys distributed for discretionary grant projects the governing body shall
submit applications in a format established by the Section. The application shall include but
not be limited to: .
(a) Assurance that the governing body and the advisory committee support the project;
(b) The goals or objectives to be achieved by the project;
~ .."
(c) Documentation of the need for the project;
(d) A description of the expected results or outcome of the project;
(e) A description of the method to achieve the project;
(f) A budget plan for the project; and
(g) A time frame for the project.
(2) Applications that include vehicle requests shall include:
(a) A plan for vehicle acquisition and replacement; and
(b) Assurance of appropriate operating and maintenance procedures.
Stat. Auth.: ORS Ch. 323,391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.815
Hist.: PTD 1-1990, f. & cert. ef. 5-31-90
732-020-0015
Standards for Selection of the STF Discretionary Grant
Standards for selection of discretionary projects shall be established by the Oregon
Transportation Commission to include the following:
(1) Applications shall include a matching contribution from local resources as determined by
the Oregon Transportation Commission. Local resources may include STF formula moneys
or in-kind resources when determined by Public TranSit Section to be appropriate to the
proposal.
,...
"T"'" .
DIVISION 20
THE STF DISCRETIONARY PROGRAM
732-020-0005
Purpose
'..ll'
The discretionary program is intended to provide a flexible resource for addressing the
special transportation needs of the elderly and disabled:
(1) The discretionary program is a competitive award process.
(2) Discretionary projects are funded on merit of proposal in comparison with other
applicants.
(3) Discretionary program grants are time limited, non-continuing awards,
(4) Discretionary proposals must meet the standards for selection outlined in OAR 732-020-
0015 to be eligible for award.
(5) Discretionary grants are awarded on an annual cycle.
(6) STF discretionary grant requests for planning and capital projects may be awarded in
separate cycles in coordination with other Public Transit Section grant programs.
(7) A discretionary grant may be awarded for up to three years.
(8) Each governing body may submit applications for projects within its service area.
(9) The Oregon Transportation Commission may set aside discretionary funds for
accomplishing specific objectives that benefit transportation for elderly and qisab1ed.
Stat. Auth.: ORS 183.616 & 391.810
Stats. Implemented: ORS 391.815
Hist.: PTD 1-1990, f. & cert. ef. 5-31-90; PTD 1-1994, f. & cert. ef. 12-30-94
.' .
.'....-y-'" ...."~..~,, .. -"
..
(6) The governing body shall enter into written agreements with transportation providers.
Stat. Auth.: ORS Ch. 323, 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.810
Hist.: PID 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(femp), 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.
(1) The STF moneys may be used as matching funds for other state and federal programs that
also provide transportation service to the elderly and disabled.
(2) The administrative allotment may be used for administrative expenses associated with the
distribution ofSTF 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 Ch. 323, 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.830
Hist.: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD l-1989(femp), 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 Section shall redistribute funds that have not been
requested after three years to participating governing bodies.
Stat. Auth.: ORS Ch. 323, 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.810
Hist.: PID 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PID 1-1989(femp), f.
& cert. ef. 12-29-89; PTD 1-1990, f. & cert. ef. 5-31-90; Renumbered from 732-005-0055
..
, . ,--"..~.
'*-.."'...--_,'.,;;,..._.....,. .,..._ ..,..".~.~.__"'-=""u"....-..,"''''',-'"._.._."..__,_,'.,...._,..__.____~ ""'"
-,----
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 for the purpose of financing and improving transportation programs and
services for the elderly and disabled residents of the district and the county(s) in which all or
a portion of the district is located;
'.. :>
(b) The district is responsible for (unding 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 STP based on the
population outside the district;
(d) The proportion shall be based on the last federal decennial ceI....sus.
(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 used;
(b) Assure that the funds are to be used for purposes permitted in these regulations;
(c) Assure that providers included in the list of services continue to use the funds for the
purposes permitted in these regulations; and
(d) Distribute the funds on a regular basis to the providers included in the list of services
submitted to the Public Transit Section.
(4) STF moneys shall be received and disbursed from a separate governmental fund.
I
;
I
(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.
..,"
~".""'..
..
(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 vi?lation of the laws or rules of this program or is
improperly using program funds;
(c) A provider of service is incapable ofperfomling or has not performed the service in a
safe, prudent and timely manner.
(3) Reviews by the Section shall cover the provider and type of service to be provided.
<_l"
(4) Disapproved services, planning, or capital projects can be improved and resubmitted
through an amended list of services.
(5) The governing body shall retain authority over costs and allocations within its jurisdiction
and may shift funds among approved providers as necessary for the desired services:
(a) Adding new providers requires Section approval; and
(b) Changes in the distribution of funds among already approved providers does not require
Section approval.
Stat. Auth.: ORS Ch. 323, 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.810 - 391.830
Rist.: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(femp), f.
& cert. ef. 12-29-89; PTD 1-1990, f. & cert. ef. 5-31-90; Renwnbered from 732-005-0035
732-010-0030
Disbursement of Funds
Upon approval of the application the Section shall disburse the funds.
Stat. Auth.: ORS Ch. 323,391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.810
Hist.: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(femp), f.
& cert. ef. 12-29-89; PTD 1-1990, f. & cert. ef. 5-31-90; Renwnbered from 732-005-0040
..
"""11"'
~,,,_.,_>_, ,,,,,. ' _."__~__._~,,"_, ,__^,-_,_ .,... ,_"~"",_"~,_~",,,,_^'._,.,.,-'....-;_'''''''''__"-__.' I
...
732-010-0020
Application Review
(1) The Public Transit Section shall review applications to determine ifprogram
requirements have been met. If not, the Section may ask for further information or
clarification or may disapprove the application 'and advise the governing body of the grounds
for disapproval.
(2) Grounds for disapproval may include, but are not limited to, the following:
'.,~
(a) No advisory committee or improper membership;
(b) Advisory committee failure to meet and confer;
(c) Governing body failure to confer with the advisory committee;
Cd) For formula applications by districts, disproportionate allocation inside and outside
district boundaries;
(e) The use of STF moneys to supplant the governing body's local appropriation currently
used to provide elderly and disabled transportation services;
(f) Failure to comply with required assurances; and
(g) Funds are not being used in accordance with OAR 732-005-0000 to 732-010-0045.
Stat. Auth.: ORS Ch. 323,391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.810
Hist.: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(femp), f.
& cert. ef. 12-29-89; PTD 1-1990, f. & cert. ef. 5-31-90; Renumbered from 732-005-0030
732-010-0025
Service Review
(1) The Section shall review the proposed list of services in each application. The Section
shall consider material submitted in the application, information 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 Section that:
..._~
~---r
(4) PlaruUng and development projects shall also be listed and described in the list of
services. The description shall identify who would do the work, when it would begin and be
completed, and what purposes or products are to be achieved.
(5) Capital purchases shall also be described on the list of services.
(6) If an applicant is a district, a breakdown of the county population indicating the number
of individuals who live within the district, and the number who live in the county outside the
district, shall be provided to the Section. The proportion shall be based on the last federal
decennial census.
,~~
(7) The district shall provide a description of the method used to substantiate the population
figures. The district shall provide a breakdown of expenditures both inside and outside the
district The Section shall review and approve or disapprove the method and the proposed
expenditures.
(8) Other information pertaining to the proposed service and uses of funds as may be
requested by the Section.
(9) Signature of authorized official (chairman or general manager) of the governing body.
(10) The governing body shall identify the source and amount of funds contributing to its
total program of providing transportation services to the elderly and disabled.
(11) The governing body shall identify funds held in contingency and describe a plan for
their use.
Stat Auth.: ORS Ch. 323, 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.810 thru 391.830
Hist: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(femp), f.
& cert. ef. 12-29-89; PTD 1-1990, f. & cert. ef. 5-31-90; Renumbered from 732-005-0020
..
""."~
T~
1
(4) The Public Transit Section shall distribute STF monies regularly.
Stat. Auth.: ORS Ch. 323, 391 & Ch; 816, Oregon Laws 1985
Stats. Implemented: ORS 391.810
Hist.: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(femp), 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 minimwn allocations,
the governing body shall submit a complete application on forms supplied by the Public
Transit Section. The application shall include the following information:
(1) Roster of the Advisory Committee members. The roster shall include each member's
name, address and an indication of whether they are:
(a) Users of elderly and disabled transportation;
(b) Providers of elderly and disabled transportation;
(c) An elderly or disabled person who lives in an area of the district or county where there are
no public transportation services;
(d) A representative of elderly persons; or
(e) A representative of disabled persons.
(2) An assurance that the Advisory Committee has met and acted in accordance with these
rules and advised the governing body prior to the submission of the appli~ation.
(3) A list of services including the names and addresses ofthe 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
Section;
(b) The total cost estimate of all services listed and any contingency shall not exceed the sum
of the annual distribution estimate as supplied by the Section, prior year STF moneys
remaining available in the state account, and the STP moneys on hand in the local governing
body STF account.
,.. ..
--r"
II'"
~:,_.~
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.
(1) 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 Ch. 323, 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.810
Hist.: PTO 1-1990, f. & cert. ef. 5-31-90
732-010-0010
Formula Distribution
For those STF moneys distributed by formula:
(1) Each county 'or district shall receive a portion of the STF monies based on the county's
share of the state population.
(2) The county population shall be determined by the most recent annual estimate of
population of cities and counties by the State Board of Higher Education (ORS 190.510 to
ORS 190.610).
(3) The Public Transit Section shall estimate distributions each January to be effective the
following July 1. If necessary, the estimate may be adjusted to reflect actual tax receipts.
.
'...........-...
Stat. Auth.: ORS Ch. 323, 391, Ch. 816, Oregon Laws 1995 & Ch. 866, Oregon Laws 1989
Stats. Implemented: ORS 391.810 t~ 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. et 5-31-90; Renumbered from 732-005-0085
132-005-0056
'.."
Withholding of Funds from a Governing Body
(1) The Section 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 Ch. 323,391, Ch. 816, Oregon Laws 1985 & Ch. 866, Oregon Laws 1989
Stats. Implemented: ORS 391.810 thru 391.830
Hist.: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(femp), f.
& cert. ef. 12-29-89; PTD 1-1990, f. & cert. ef. 5-31-90; Renumbered from 732-005-0050
'"
'--'T'"
~
732-005-0046
Audit Requirements
(1) STF moneys shall be specifically aadressed in the governing bodys annual audit If
requested by the Section, the district or county shall provide the Section with a copy of the
audit report. '
(2) The Section may request additional information including, but not limited to, audits of
specific projects or services.
<_'1'
Stat. Auth.: ORS Ch. 323, 391, Ch. 816, Oregon Laws 1985 & Ch. 866, Oregon Laws 1989
Stats. Implemented: ORS 391.810
Hist: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(femp), 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
(1) Purpose:
(a) To ensure that STF moneys are being used for the purpose of financing and improving
transportation programs for the elderly and disabled;
(b) To measure the effects of the program;
(c) To provide information to the legislature.
(2) Requirements:
(a) The district or county shall submit, or require its providers to submit, a quarterly report to
,the Public Transit Section;
(b) For projects funded by the Formula Program, a report form, provided by the Section, shall
be completed for each provider on the list of services. The reports shall contain information
about the nature and scope of services provided;
(c) The county or district may require additional reporting information from its providers;
(d) Reports shall be due within 45 days following the end of a quarter;
(e) For projects funded by the discretionary program, a report form will be provided by the
Section to be completed as required.
..
-T
^---_.._.._~.....-..~--,>.....~...-_.......,_.._".,.,_.._._""-,,~-.-.-
..
(a) The governing body shall maintain all financial records for at least three years after the
Section's final disbursement for tlle fiscal year;
(b) The governing body shall maintain all records relating to capital purchases for three years
after disposition of equipment.
Stat. Auth.: ORS Ch. 323, 391, Ch. 816, Oregon Laws 1995 & Ch. 866, Oregon Laws 1989
Stats. Implemented: ORS 391.810
'_'1'
Hist.: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(femp), 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
(1) Capital equipment may be purchased with STF moneys. Equipment must be used for the
purpose of providing elderly and disabled transportation:
(a) Any vehicles purchased in whole or in part with STF moneys shall be registered with the
Oregon Department of Transportation Driver and Motor Vehicle Services Branch in the
name of the governing body or in the name of the organization receiving the equipment;
(b) If the vehicle is registered in the name of the organization receiving the equipment, and
that organization is not the 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
participation shall be returned to the STF.
(3) The governing body shall notify the Section of the sale of equipment purchased with STF
moneys and report the use of proceeds from such sale.
Stat. Auth.: ORS Ch. 323, 391, Ch. 816, Oregon Laws 1985 & Ch. 866, Oregon Laws 1989
Stats. Implemented: ORS 391.810 - 391.830
Hist.: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD J-1989(femp), f.
& cert. ef. 12-29-89; PTD 1-1990, f. & cert. ef. 5-31-90; Renumbered from 732-005-0075
-.'
'-'T''' .__,,_h ... ..." ..."..,,-,-.. ~." ",.." -" .,.- ,... --, -----..-""
(a) Adhere to Oregon Public Meetings Laws at all meetings;
(b) Have at least three voting members;
(c) Meet a sufficient nwnber of times so as to advise the governing body in carrying out the
purposes of the STF. '
(6) The nwnber and terms of the members of the advisory committee shall be determined by
the governing body.
, '!'
(7) The governing body shall notify the Section of advisory committee membership,
including changes in membership by filing a Roster of Advisory Committee Members with
its application for ;unds 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 Section upon request.
Stat Auth.: ORS Ch. 323,391, Ch. 816, Oregon Laws 1985 & Ch. 866, Oregon Laws 1989
Stats. Implemented: ORS 391.820
Hist: pm 1-1986, f. & et: 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PlD 1-1989(femp), f.
& cert. ef. 12-29-89; PlD 1-1986, f. & ef. 1-10-86; pm 1-1990, f. & cert. et: 5-31-90;
Renwnbered from 732-005-0065
732-005-0036
Accounting Requirements of the STF Program
(1) The governing body shall receive and disperse STF moneys from a sepamte
governmental fund.
(2) Inspection of ~ecords and Services:
,
,
(a) STF recipients shall permit the Section, the Secretary of State of the State of Oregon, or
their authorized representatives, upon reasonable notice, to inspect all transportation services
provided by the STF, recipient, or any organization acting on the STF recipient's behalf;
(b) STF recipients shall pemrlt the Section, the Secretary of State of the State of Oregon, or
their authorized representatives, upon reasonable notice, access to all data and records
relating to the transportation system and its management, as well as the physical premises
and equipment of the system.
(3) Record Retention:
.
,-"""..,.--
......."-"...-..,.."'~..__.-....~-~-_. ......
732-005-0031
STF Local Advisory Committee Requirements
(I) 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 of transportation services in the district or county; or
(c) Be an individual who represents a service that is engaged in providing transportation
services to the elderly or disabled within the district or county. The provider representative
may reside outside the district or county;
(d) An elderly or disabled person who lives in an area of the district or county where there
are no public transportation services;
( e) A representative of elderly persons; or
(f) A representative of disabled persons.
(3) Members and employees of the governing body may not serve as voting members on the
advisory committee.
(4) The purpose of the advisory committee is to advise and assist the governing body in
carrying out the purposes of the STF:
(a) The advisory committee may consider specific providers, services and funding levels for
elderly and disabled transportation and submit recommendations to the 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:
..-
",C'T
...
"
(C) Any remaining moneys shall be set aside to a Special Transportation Fund discretionary
account from which grants may be awarded by the Oregon Transportation Commission. 'This
is known as the STF Discretionary Program. The ultimate use of the STF discretionary
account shall be for transportation serVices for the elderly and disabled as described under
ORS 391.830.
Stat. Auth.: ORS Ch. 323, 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.800 - 391.830
, ~
Hist: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-19Sl:)(femp), f. &
cert. ef. 12-29-89; PTD 1-1990, f. & cert. ef. 5-31-90; Renumbered from 732-005-0015(1)
732-005-0027
Eligible Recipients of STF Moneys
(1) STF moneys may be distributed to the following:
(a) To districts where they exist;
(b) To counties where no districts exist; and
(c) If two or more districts are located in one county, the monies shall be distributed to the
mass transit district. If there is no mass transit district located in the county, then the moneys
shall be distributed to the transportation district with highest population.
(2) Districts and counties receiving STF moneys are known as governing bodies.
Stat. Auth.: ORS Ch. 323, 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(femp), f.
& cert. ef. 12-29-89; PTD 1-1990, fJ & cert. ef. 5-31-90; Renumbered from 732-005-
0015(1)(a-c)
... ,.~
...T.
-----,.- .
'.-.'-."
732-005-0016
Purpose of the Special Transportation Fund
Moneys distributed to providers of transportation under OAR 732-010 and 732-020 may be
used for the following purposes:
(1) Maintenance of existing transportation programs and services for the elderly and
disabled.
(2) Expansion of such programs and services.
'_="
(3) Creation of new programs and services.
(4) Planning for, and development of, access to transportation for elderly and disabled
individuals who are not currently served by transportation programs and services.
Stat. Auth.: ORS Ch. 323, 391 & Ch. 816, Oregon Laws 1995
Stats. Implemented: ORS 391.810 - 391.830
Hist.: PID 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(femp), 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 Section
(1) Public Transit Section shall conduct the necessary activities to manage the Special
Transportation Fund.
(2) After payment of the state administrative costs of the program, the Public Transit Section
shall make available moneys from the STF:
(a) Three-fourths 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
...
-'T
--
...
(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 ~y 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, educatic'l,
employment, public services, person~ 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 organi-zation that provides assistance to
or representation of disabled individuals
(17) "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 Section for
distribution to providers of transportation for the purpose of financing and improving
transportation programs and services for the elderly and disabled.
(19) "Section" - The Oregon Department of Transporation, Public Transit Section.
(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.
I
Stat. Auth.: ORS Ch. 323, 391 &lCh. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.800 - 391.830
Rist.: PID 1-1986, f. & ef. 1-10-86; PID 1-1987, f. & ef. 11-24-87; pm 1-1989(Temp), f.
& cert. ef. 12-29-89; PTD 1-1990 f. & cert. ef. 5-31-90
..
.........,..'"
=-~-,._~..,-''^"_.''t~--''....--..~.._''-...__._...'".<>"....,.._,.
732-005-0010
Definitions
(1) "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 Purchase" -- 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 malfunction, 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 distribution of the
remaining cigarette tax receipts set aside following distribution of the three-quarter per capita
formula allocation, minimum allocation and administrative allotment
(6) "District" -- As used in these rules, a mass transit district or a transportation district.
(7) "Elderly person" -- Any individual 60 years of age or older.
(8) "Formula Allocation" -- An amount of STF moneys made available to a 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 Section by a district or
county listing the proposed number of rides, the type of service and budget for providers
receiving moneys from the Special Transportation Fund.
(11) "Mass Transit District" -- A special district organized under ORS 267.010 to 267.390.
(12) "Minimum allocation" - A minimum annual amount for which each district or county
shall be eligible. Each governing body shall have no less than the minimum allocation made
available, irrespective of population, under the STF Formula Program.
~
"'.-Y- ..
-.---_..
EXHIBIT B
Oregon Administrative Rules
1998 Compilation
DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSIT
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 Section for the
admini~tion of the Special Transportation Fund (STF) for the Elderly and Disabled
including OAR 732-010 and 732-020.
Stat. Auth.: ORS Ch. 323, 391 & Ch. 816, Oregon Laws 1985
Stats. Implemented: ORS 391.800 - 391.830
Hist.: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(femp), f.
& cert. ef. 12-29-89; PTD 1-1990, f. & cert. ef. 5-31-90
732-005-0005
Statutory Authority and Procedure
Oregon Laws 1985, Chapter 816, Section 10(4) and Oregon Laws 1989 Chapter 866,
Sections 7, 8, and 11 require the Public Transit Section td adopt rules necessary for the
administration of the STF.
Stat. Auth.: ORS Ch. 323,391 & Ch. 866, Oregon Laws 1989
Stats. Implemented: ORS 391.800 - 391.830
Hist.: PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; PTD 1-1989(femp), f.
& celt. ef. 12-29-89; PTD 1-1990, f. & cert. ef. 5-31-90
..,...
'-T"
v~ial Transportation Fund Monthly Report FY 1998/99
Page 5
Section 6 Program Reimbursement Request
EXHIBIT E
STF #: 108-21
CURRENT MONTH
YEAR-TO-DATE
1) Total Administrative Expenses (Section 2)
$
$
2) Total Operating Expenses (Section 3)
$
$
'..~
3) Capital Expenses (Section 4)
$
$
4) Gross Program Expenditures
$
$
5) Total Program Revenues (Section 5)
<$
>
<$
>
6) Net Program Expenditures
$
$
7) STF Formula Reimbursement Request
$
$
8) Section 5311 (OHAS Only)
9) STF Discretionary Reimbursement Request
.-
This program is eligible to receive "STF Formula" funds in an amount equal to or less than, but
not to exceed 4% of the Gross Program Expenditures or $833.33 per month, which is 1/12th of
$10,000 for operating expenses for which is the total STF funding for FY 98/99.
The above information is true and accurate to the best of my knowledge.
Signed:
Date:
~
'-~." .-...--
j-"
Agreement #STF-1 08-21
SPECIAL TRANSPORTATION FUND AGREEMENT
THIS AGREEMENT is entered into this 1 st day of July 1998, 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:
'"l"
A. The District is a mUf':icipal corporation whose existence and general authority
are 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
STF AGREEMENT (Formula) FY 98/99
STF 108.21
1
..
"'T~
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 polici~s 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 O~e.~on 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.
3. PAYMENT.
3.1. Limitation of Funds. The total funds available under this agreement shall
not exceed the sum of $10,000 for operating expenses. 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
STF AGREEMENT (Formula) FY 98/99
STF 108-21
2
..
.- '-Y-o H _0 ,-,
----r---
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 revnues
to be distributed by the District to the Contractor shall not exceed the
sum of $10,000 for operating expenses, which amount is authorized in
the Contractors (Exhibit D):
3.3.1. Beginning on or before August 15, 1998, and continuing on or
before the 15th day of each following month, Contractor shall
submit a completed monthly Reimbursement Report for payment
to the District's Senior Planner. Payment will be made by the
District's Contracting Officer on or before the last day of the
submission month. If the Reimbursement Report is received after
the 1 5th day of the month or is not complete, payment will not be
processed until the following month. The statement will also
describe the extent and nature of transportation services
previously delivered by Contractor during the calendar month
immediately preceding the Contractor's submission of each
monthly report (Monthly Report Exhibit 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 District contracting officer of a detailed
receipt for the capital item{s).
3.3.3. For monthly operating costs, payments will be made as
reimbursement, in "twelve monthly payments". No single
STF AGREEMENT (Formula) FY 98/99
STF 108-21
3
..
...-.'-w-'
~ "..~-'-r-
payment will be larger than one-twelfth of the total STF grant
amount (the "monthly limit"), unless the Contractor did not claim
the monthly limit in a previous month(s), in which case the
Contractor may be reimbursed for actual expenses up to the
monthly limit plus th~ amount of funds that were not claimed up
to the monthly limit from the previous month(s).
3.3.4. In the event the Contractor has incurred a lump sum operating
cost which exceeds the monthly limit, the <(}ontractor may
request a larger reimbursement. Such a request must be sent to
the District's contracting officer in writing, and must identify the
nature of the cost(s) which cause the request to exceed the
monthly limit. The District's contracting officer may request any
further information necessary to make a determination on how
much of the requested costs beyond the limit, if any, should be
reimbursed in any particular month.
3.3.5. If a request is granted, the STF funds that remain after such
reimbursement shall be divided by the number of months
remaining, and the resultant figure will comprise a new monthly
limit for the remainder of the year.
3.3.6. 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 riqht to withhold payment of funds if
any documentation or reportinQ has not been previouslv complied
with by Contractor. or if there exists. at the time of a request for
payment. any unresolved audit findinQs.
3.4. Prohibited Expenditures. Except as is expressly provided in this
agreement, the District is not responsible for providjng operating capital
STF AGREEMENT (Formula) FY 98/99
STF 108-21
4
..
.. _.,.~
, ..._,.,^...,~"..~".~.,-.,_.""..,._."~~---........",,,,-......_-~..--<-_.----,"'''''''''''t
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, Contractor shall not be
entitled to reimbursement of the following costs or expenses:
3.5. Costs resulting from violations of, or failure to comply with, federal,
state and local laws and regulations; '..~
3.5.1. 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
3.5.2. 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.
3.5.3. Contributions or donations of any other nature to individuals,
organizations or agencies.
3.5.4. 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.
STF AGREEMENT (Formula) FY 98/99
STF 108.21
5
..""
-"T
~
4.1.2. Contractor will, to the maximum extent feasible, coordinate the
provision of services with other transportation providers in their
area, and will utilize other available transportation resources as
practicable to' minimize STF expenses.
4.1.3. Except as is otherwise expressly disclosed herein, Contractor has
paid or will pay full withholding, social security, unemployment
insurance, and workers' compensation taxes to the state and
federal government as may be required as' a result of
Contractor's ownership and operation of its business activities.
4.1 .4. There are presently no judgments, claims, actions, liens or other
proceedings outstanding against or pending against the assets
or Contractor in any court, or otherwise.
4.1.5.lf 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
STF AGREEMENT (Formula) FY 98/99
STF 108-21
6
.
"-T'
...
Contractor shall be furnished to District in the form of a receipt
from the Creditor involved or a canceled check.
4.1.6. Contractor assumes all liability for funds received pursuant to this
agreement, and shall further assume responsibility for repayment
to the District of any expenditures not expressly authorized by
this agreement or the attached exhibits. Upon the receipt of
written notice from the District describing the extent and nature
of any non-authorized expenditures, Contractor agr~s, within ten
(10) days following the receipt of such notice, to immediately
refund any monies previously received for non-authorized
expenditures. When making repayment to the District, Contractor
agrees to use non-STF funds.
4.1 .7. Except as otherwise expressly disclosed herein, Contractor has
entered into no subcontract relating to transportation services for
the elderly or disabled, and Contractor has, to the best of
Contractor's knowledge, complied with all laws, rules, and
regulations relating to the performance of services under this
agreement.
5. DISTRICT COVENANTS.
5.1 . District agrees to administer this agreement, and all other agreements
entered into as part of the District's participation in the STF program, in
accordance with the policies previously or hereafter specifically adopted
by the District's Board of Directors.
6. EQUIPMENT.
6.1. Contractor is responsible for the purchase, repair and replacement of all
equipment required for the performance of services under this
agreement. No purchase of operating equipment or furniture will be
reimbursed unless specifically authorized in writing by the District, and
unless such expenditure is further included and expressly identified in
STF AGREEMENT (Formula) FY 98/99
STF 108-21
7
..
....-y-.
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 nctification 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
STF AGREEMENT (Formula) FY 98/99
STF 108-21
8
."
.. y-
-
accordance with generally accepted accounting practices. A separate
accounting for all receipts and expenditure of STF funds will at all times
be maintained. All expenditures must be made under a previously-
approved detailed budget. Any transfers between budget categories
(Personal Services, Materials & Services, or Capital Outlay) will require
prior approval by the Contracting Officer of the District. The budget will
not extend beyond June 30 of any District fiscal year, and any
unobligated budget appropriations will lapse at that t!91e. All costs
directly or indirectly related to this agreement shall be supported by
properly executed payrolls, time records, invoices, contracts, vouchers
or other official documentation evidencing in detail the nature and
propriety of all transactions or expenditures. Contractor agrees to
provide the District, as part of Contractor's monthly billing statement, or
at such other times as may be requested by District, monthly financial
information detailing the Contractor's receipt and use of monies received
pursuant to this agreement. On or before the 30th day following the
termination of this agreement, Contractor shall identify and report to the
District the prior expenditure of program monies during the agreement
period. Upon the termination of the STF program, Contractor further
agrees to cooperate with all procedures implemented by the District to
identify and account for all monies received or disbursed, and to itemize
any outstanding liabilities, if any, which may exist upon the close of the
program.
7.2. Records Maintenance. In addition to the information to be maintained
by Contractor for billing purposes, Contractor shall further maintain and
preserve such records and reports as may be required by the District to
assure appropriate performance under the provisions of this contract,
and all records or documents which are required of the District by any
other governmental authority. Where appropriate, the District will
provide the Contractor with all necessary forms to be completed as part
of Contractor's reporting obligations.
STF AGREEMENT (Formula) FY 98/99
STF 108-21
9
,-'
T.
.... 4<-' ....._....'"'.'"......._..,~.._'...'<'_...,
7.3.
7.4.
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.
, ..:>
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
STF AGREEMENT (Formula) FY 98/99
..-..
-- T~
STF 108-21
10
lIf'"
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 expenditur~ of program
Income on a first in, first out basis, and all expenditures received by
Contractor as program income will be deducted from the Contractor's
monthly billing statement.
8.2. All Other Donations. All other donations received for specified purposes
shall be used by the Contractor for those specified purposes.
9. AUDITS & EXAMINATIONS.
9.1. Contractor agrees to authorize, and procure an annual, independent
financial audit or review to be performed by individuals licensed as
certified public accountants by the Oregon Board of Accountancy, and
who are independent of the Contractor's management. The following
steps shall be taken as part of the annual audit or examination of
Contractor's activities:
9.1.1.
The audit/review report should contain a statement of all
receipts and disbursements and such report shall further
identify all relevant funding sources, including program
income, and identify all other documents, books or records
which support the final fiscal report.
9.1.2.
The audit/review shall cover the Contractor's fiscal year and
any other period during which the Contractor provided
services pursuant to the terms of this agreement.
STF AGREEMENT (Formula) FY 98/99
STF 108-21
11
.'
T'
--.~
9.1.3.
9.1.4.
9.1.5.
One (1) copy of the published audit/review report or Letter of
Assurance from the Contractor's auditor shall be submitted to
the District not later than one hundred eighty (180) days
following the end of Contractor's fiscal year.
Contractor assumes full responsibility for payment of all
audit/review costs and such costs are a reimbursable expense
pursuant to this agreement.
Contractors who are otherwise subject to tIll reporting and
examination requirements of ORS 297.405 through 297.740,
"Municipal Audit Law," may incorporate the audit
requirements imposed by this agreement into a single audit
report.
9.2. Correction of Errors or Deficiencies. Contractor assumes all
responsibility for the resolution and correction of any adverse
audit/review 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.
STF AGREEMENT (Formula) FY 98/99
.
." y'
STF 108-21
12
"",,_,..'., '~A ....-. ,'..., .".."_..,.".~.,..",,,-,-----._., "._..~..>,_... ...~_.,...........---~...............~.....~.""'--.......~..<."~.~...~"~, .......
10.1.3. A $500,000 combined single limit liability policy may be
substituted for 10.1.1 and 10.1.2 so long as the policy covers
both bodily injury and property damage.
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.
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 shall 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 coverages 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
STF AGREEMENT (Formula) FY 98/99
STF 108.21
13
or'
--T
-
>...............,.......""_.~"..___....,_....'_n.
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 cov~rage 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 all 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
STF AGREEMENT (Formula) FY 98/99
STF 108.21
14
..
.'-'.'Y'
-
agreement. Contractor shall also notify the District immediately of its
intent to file for protection under the Federal Bankruptcy Act, or to make
any filing under the Federal Bankruptcy Act.
12. INDEPENDENT CONTRACTOR STATUS.
12.1. The parties acknowledge that Contractor is an independent contractor
and neither Contractor nor Contractor's employees shall in any way be
deemed employees of the District. Contractor shall have complete
-.: .~,..
charge of the performance of services, with full direction and control of
Contractor's employees and with responsibility for their compensation,
hiring and discharge. Contractor shall be liable for the acts and
omissions of Contractor's agents and employees. Contractor shall pay
all payroll taxes, workeis compensation insurance, unemployment
insurance and other expenses connected with Contractor's employees.
13. PERMITS & LICENSES.
13.1. Contractor shall obtain at its own expense all necessary permits,
licenses or other public authority required in connection with the
performance of services under this agreement, and shall comply with all
federal, state, county and municipal laws, ordinances, rules and
regulations pertaining to the performance of transportation services.
14. SAFETY.
14.1. Contractor shall be responsible for the safety of all services performed
pursuant to this agreement, and shall maintain all necessary protection
and precautions for that purpose, shall comply with all laws and
regulations affecting health and safety, and shall immediately remedy
any citation for violation of such laws and regulations, and shall defend
and hold the District harmless from any penalty, fine or liability in
connection therewith.
1 5. ASSIGNMENT.
STF AGREEMENT (Formula) FY 98/99
STF 108-21
15
~.
.-r.
...._...~~,...._.,.,~".."..,..;,,'-~-_._--,,~- .,....
15.1. Contractor shall not assign, whether voluntarily or involuntarily, or by
operation of law, this agreement, or any interest therein, or subcontract
any portion of the services without the prior written consent of the
District. If this provision of the agreement is violated, the District, in
addition to all other rights the District may then have, may terminate
this agreement without advance notice, and in such event Contractor
shall have recovery only for services performed prior to termination,
waiving all other claims.
".~
16. COMPLIANCE WITH LAWS.
16.1. Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin.
Contractor shall take affirmative action to insure that applicants are
employed and that employees are treated during employment, without
regard to their race, color, religion, sex, or national origin.
16.2. Contractor shall comply with all of the provisions of ORS 391.800
through 391 .830 and regulations adopted from time to time thereunder
and any other statutes, rules, orders and policies relating to the Elderly
and Disabled Special Transportation Fund program.
16.3. This agreement is based upon and is subject to Oregon Revised
Statutes, Oregon Administrative Rules, and Federal Transit
Administrative regulations as contained in ORS 323.455, ORS 391.800
through 391.830 and FTA Circular 9040.1 D and 5010.1 B. From time
to time these laws, rules and regulations may be amended. The District
reserves the right to amend this Agreement if it is affected. The District
will provide thirty days notice of impending changes and will prepare a
supplemental Agreement incorporating the changes to be executed by
the parties to this Agreement.
17. TERMINATION.
STF AGREEMENT (Formula) FY 98/99
STF 108.21
16
~
"'-y+
fil'
.,1
1 7.1. This agreement shall be effective as of the date first written above and
shall continue until June 30, 1999; provided, however, that either party
shall have the right, at any time, to terminate or suspend further
performance by proViding the other party thirty (30) days advance
notice of its intention to do so. Upon termination, any unexpended
budget appropriations will lapse, and the funds will be retained in the
local STF program.
17.2. 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.
17.3. 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:
17.3.1. If the Contractor fails to provide services called for by this
agreement within the time specified herein or any extension
thereof; or
17.3.2. 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.
17.3.3. 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.
1 7.4. 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.
STF AGREEMENT (Formula) FY 98/99
STF 108-21
17
..
,.
--
18. WAIVER.
18.1. 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.
19. NOTICE.
1 9.1. Any notice under this agreement shall be in writi~;.o and shall be
effective when actually delivered or when deposited in the mail,
registered or certified, addressed to the parties at the following
addresses:
CONTRACTOR:
Randall Rohman
Public Works Program Manager
City of Woodburn
270 Montgomery St.
Woodburn, OR 97071
DISTRICT:
General Manager
Salem Area Transit
Del Webb Avenue NE
Salem, OR 97303-4165
or at such other addresses as either party may designate by written notice to
the other.
20. DISPUTE RESOLUTION.
20.1. All disputes concerning the interpretation of this agreement, or the
rights and obligations arising from the parties' prior execution of this
agreement, shall first be referred for resolution to the individual
designated by the District as the "Contracting Officer." If, upon referral
of a dispute to the Contracting Officer, a mutually satisfactory solution
cannot be achieved, the dispute shall then be referred to mediation
before the District's General Manager. If, following mediation, a solution
STF AGREEMENT (Formula) FY 98/99
STF 108.21
18
~-~. .~-_.__._-,_. T
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.
20.2. In connection with any proceeding conducted pursuant to this
provision, the Contractor and District shall be afforded an.,epportunity to
be heard and to offer evidence in support of their respective positions.
20.3. 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.
21 . SEVERABILITY .
21 .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.
22. PRIOR AGREEMENTS.
22.1. 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.
23. JURISDICTION.
23.1. 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.
STF AGREEMENT (Formula) FY 98/99
STF 108-21
19
.....
._-- ---r---"--' -."-'''-'--'' ,...-......--..--.
...
~
24. GOVERNING LAW.
24.1. This agreement shall be governed by and construed in accordance with
the laws of the State of Oregon.
25. ATTORNEY FEES.
25.1. In the event of suit or action to enforce the rights of either Contractor or
District, the court may allow a reasonable attorneys fee to the prevailing
party of the suit or action, or appeal therefrom. '..;'
26. EXHIBITS.
26.1. All exhibits referred to in this agreement are incorporated and made a
part of this agreement.
27. COUNTERPARTS
27.1. 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 98/99
STF 108-21
20
~,."".
y~'-----
'l'
IN WITNESS WHEREOF, the parties have executed this agreement in duplicate,
effective on the date first written above.
CONTRACTOR:
CITY OF WOODBURN
B
Nanc . K'
Name & Title
DISTRICT:
SALEM AREA MASS TRANSIT DISTRICT
By
R.G. Andersen-Wyckoff, General Manager
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:\8\8ECKY\STF\CONTRACTS\ 1998\STF Provider Contract.doc
STF AGREEMENT (Formula) FY 98/99
STF 108.21
21
...-.. .~...--~~.,----,
.,
STF LAW
ORS - 391.800 - 391.830
391.800 Elderly and Disabled Special Transportation Fund. (1) There
is established in the State Treasury, separate and distinct from the
General Fund, the Elderly and Disabled Special Transportation Fund.
All moneys in the Elderly and Disabled Special Transportation Fund are
appropriated continuously to the Department of Transportation for
payment of the department's administrative costs of the program and
payment to mass transit districts, transportation districts and ,~="
counties as provided in ORS 391.810.
(2) The Elderly and Disabled Special Transportation F~lnd 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 inte~est 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 s9; 1987 c.62 sl; 1989 c.224 s66>
391.810 Distribution of funds to districts and counties. (1) The
Department of Transportation shall distribute three-quarters of the
moneys in the Elderly and Disabled Special Transportation Fund,
including the interest attributable thereto, to mass transit districts
organized under ORS 267.010 to 267.390, transportation districts
organized under ORS 267.510 to 267.650 and to those counties in which
no part of a mass transit district or transportation district is
located as follows:
(a) Each such district shall receive that share of the moneys as the
population 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 detennined as though only the
mass transit district is located in that county or, if there are two
or more transportation districts in the county, as though only the
transportation district with the highest population is located in that
county .
.....-
.~'--""--_."----_.,,. .,"
""..
EXHIBIT A
(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 (1)(a) and (b) of this
section have been met, the remainder of the moneys in the Elderly and
Disabled Special Transportation Fund shall be distributed to the
districts and counties described in subsection (1) of this section by
the Department of Transportation as follows:
(a) Each such district or county that receives a share of the moneys
in proportion to population under subsection (1) of this section shall
receive an amount, which shall be fixed hy the Oregon Transportation
Commission by rule, but not in excess of $2,000 annually, to be used
to defray the administrative expenses of the district or county in
carrying out its functions under ORS 391.800 to 391.830.
(b) Each such district or county that receives a share of the moneys
in proportion to population under subsection (1) of this section shall
receive for each fiscal year a minimum amount, to be determined by the
Oregon Transportation Commission by rule, which minimum amount shall
be distributed to providers of transportation for use as specified
under ORS 391.830 (4).
( c) Each such district or county shall receive any money distributed
to it from the discretionary grant account established under ORS
391.815.
(d) After the requirements of paragraphs (a) to (c) of this
subsection have been met, if any moneys remain in the Elderly and
Disabled Special Transportation Fund they shall be set aside and
transferred to a discretionary grant account established under ORS
391.815.
(3) The Department of Transportation shall not distribute moneys to
a mass transit district, transportation district or county under this
section unless the district or county has appointed an advisory
committee under ORS 391.820.
(4) The Department of Transportation shall adopt rules necessary for
the administration ofORS 391.800 to 391.830.
(5) Each district or county described in subsection (1) of this
section is specifically authorized to enter into an agreement with
another or other such districts or counties under ORS 190.003 to
190.110 in order to facilitate the performance of the functions
authorized under ORS 391.830.
<1985 c.816 slO; 1989 c.224 s67; 1989 c.866 s8>
'" :>
~'- .". ._,,,,_.. -""-" ,..
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 erdisabled 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 sll; 1987 c.532 sl; 1989 c.224 s68>
391.830 Use offunds to finance and improve transportation for
elderly and disabled. (1)(a) Each mass transit district and
transportation district that receives moneys from the Department of
Transportation under ORS 391.810 (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 (1) and (2)(b) and distributed to
providers of transportation in areas within the counties in which the
district is located but outside the boundaries of the district shall
be that share of all moneys received by the district as the population
of those counties residing outside the district, as determined by the
last federal decennial census, bears to the total population of the
counties.
(b) Each county that receives moneys from the Department of
Transportation under ORS 391.810 (1) or (2)(b), after providing for
costs of administration in an amount determined under ORS 391.810
(2)(a) shall distribute those moneys to providers of transportation
for the purpose of financing and improving transportation programs and
services for the elderly and disabled residents of the county.
(2) The governing body of a district or county, after consultation
."..""
-- _.._......_-,._-_._~...,--_.._.._..._'-_.~'-----
'..:'"
391.815 Discretionary grant account; purpose; application for grant;
grant approval; distribution of moneys. (1) After the requirements of
ORS 391.810 have been satisfied, the remainder of the moneys in the
Elderly and Disabled Special Transportation Fund shall be set aside
and transferred to a discretionary grant account, which account is
established as an account in the Elderly and Disabled Special
Transportation Fund.
(2) The moneys in the discretionary grant account established under
subsection (1) of this section are continuously appropriated to the
Department of Transportation for the purpose of distribution for
ultimate use for transportation and services to the elderly and
disabled as described under ORS 391.830 (4). However, only such of
the moneys that are specifically directed by the Oregon Transportation
Commission under subsection (4) of this section, to be distributed to
a district or county as described in ORS 391.810 (1), shall be
distributed to that district or county.
(3)(a) Any district or county described in ORS 391.810 (1) may make
application to the Department of Transportation for a distribution
from the discretionary grant account established under subsection (1)
of this section. The application shall describe the purposes for which
the grant is to be used and the monetary amount that is required to
carry out those purposes.
(b) Upon receipt of an application, the Department of Transportation
shall cause the application to come to the attention of the Oregon
Transportation Commission, which shall, after consideration, approve
or deny the application, in whole or in part.
(c) The Oregon Transportation Commission shall approve only those
grants applied for under paragraph (a) of this subsection that are for
use for the purposes set forth in ORS 391.830 (4).
(4) Upon approval of an application, in whole or in part, the Oregon
Transportation Commission shall direct the Department of
Transportation to distribute the dollar amount approved to the
applying district or county.
<1989 c.866 s10>
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
~-'<'"'~~ ,~_.. _"____,_,-,,"-,,,,"<_.' _..c>__.
T
-~.,
, _J>
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 of a uniform budget reduction or upon order
or other authorization of the Department of Transportation, the
increase in moneys received under ORS 391.810 under this section and
ORS 323.030, 323.086 to 323.091, 323.455,391.810 and 391.815 shall
not be used to supplant moneys currently appropriated by counties or
districts for elderly and disabled transportation projects.
(6) As used in this section, "provider of transportation " includes
a city, county, district or any other person or agency, whether public
or private, that maintains, operates or sponsors vehicles and
facilities for the transportation of passengers for profit or on a
nonprofit or voluntary basis.
<1985 c.816 s12; 1989 c.224 s69; 1989 c.866 s11>
Note: ORS 323.086 to 323.091 were repealed by section 179, chapter
79, Oregon Laws 1995. The text ofORS 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.
.-' ,.,,"-.,-"..--.,-, I