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Res 1382 - STF-8 Agrmnt 96/97 "......,..", COUNCil Bill NO. 1744 RESOLUTION NO. 1382 A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE SALEM AREA TRANSIT DISTRICT KNOWN AS THE II STF-8 AGREEMENT", FOR FV 1996-97 AND AUTHORIZING THE MA VOR TO SIGN SUCH AGREEMENT. WHEREAS, the City of Woodburn applied for Special Transportation funds for Fiscal year 1996-97 as approved for under Oregon Statute, and WHEREAS, the City of Woodburn has been awarded $15,652 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 attached as exhibit n 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. Approved as to form~") ~ ~'6 ~ cr 10 City Attorney Date APPROVED: ",-?-c~~d ~4 Nancy A. Ki sey, Mayor ! / Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder ATTEST: fYl~~ Mary Tenn~nt, City Recorder City of Woodburn, Oregon August 12. 1996 August 13, 1996 Auqust 13. 1996 August 13, 1996 Page 1 - COUNCIL BILL NO. 1744 RESOLUTION NO. 1382 SPECIAL TRANSPORTATION FUND AGREEMENT - FORMULA FUNDS FY 1996/97 Period Covered: STF-8 CITY OF WOODBURN July 1, 1996 through June 30, 1997 Agreement No.: Contractor: '.h""_ '''---,r-'''' .um_'_"'"'' "--_,.,_.-.,,. ._.,._N'_~"_ IN DE X FY 96-97 STF Agreement 1 . SCOPE OF AGREEMENT. ................................. 2 2. TRANSPORTATION SERVICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 3. PAYMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 3 4. CC~TRACTOR'S WARRANTIES ............................ 7 5. DISTRICT COVENANTS .................................. 9 6. EQUIPMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 7. FISCAL ACCOUNTABILITY & RECORDS MAINTENANCE .......... 11 8. PROGRAM INCOME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 14 9. AUDITS & EXAMINATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 10. INSURANCE.......................................... 16 11. INDEMNIFICATION .................................... 18 12. INDEPENDENT CONTRACTOR STATUS ...................... 19 13. PERMITS & LICENSES .................................. 20 14. SAFETy............................................ 20 15. ASSiGNMENT........................................ 21 16. COMPLIANCE WITH LAWS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21 17 . TERMINATION .......................,..,............ 22 18. NOTiCE............................................ 23 19 . WAiVER............................................ 23 STF Contract (Formula) STF-8 ~..................-.~~_._ .,.._~.w,..___._.....~~_..,_. ."., _'_'~'_-~""'F""'" ..._~ ~'"H^'~","""_~'"""'''' 20. DISPUTE RESOLUTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24 21 . SEVERABILITy....................................... 25 22. PRIOR AGREEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 25 23. GOVERNING LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25 24. JURiSDiCTION....................................... 25 25. ATTORNEY FEES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25 26. EXHJBITS........................................... 26 27. COUNTERPARTS...................................... 26 STF Contract (Formula) STF-8 1\ - -.."...-.. -~--_.__._".._. '--"--"-+'" -..-.---.----- Agreement #STF-8 SPECIAL TRANSPORTATION FUND AGREEMENT THIS AGREEMENT is entered into this 1 st day of July, 1996, by" ~nd between SALEM AREA MASS TRANSIT DISTRICT, a Municipal Corporation of the State of Oregon (hereinafter referred to as "District"), and CITY OF WOODBURN (hereinafter referred to as "Contractor"). RECITALS: A. The District is a municipal corporation whose existence and general authority 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 STF Contract (Formula) 1 STF-8 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 compliarfce 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 Division to withhold payments or disapprove funding for Contractor's services. The Contractor will comply with all laws and regulations governing use of Special Transportation Funds and will comply with all laws and regulations applicable to transportation of passengers. The Contractor will comply with all policies and guidelines adopted by the District relating to the Special Transportation Fund Program. The District's obligations under this agreement are contingent upon the continued availability and payment of funds from the State of Oregon Elderly and Disabled Special Transportation Fund. Attached hereto and by this reference incorporated herein are ORS 391.800-391.830 (Exhibit "A") and administrative rules OAR 732-05-000 through 732-10-045 (Exhibit "8"). STF Contract (Formula) 2 STF-8 ... ,- 2. TRANSPORTATION SERVICES. 2.1 The Contractor agrees to provide the special transportation services described in detail by the Program Description (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 Payment Terms: The total sum to be distributed by the District to the Contractor shall not exceed the sum of $15,652 for operating expenses only, which amount shall be payable as follows: 3.1.1 Upon its receipt of a monthly request for reimbursement report, the District agrees to reimburse Contractor for services previously rendered pursuant to this agreement. 3.1.2 Beginning on August 15, 1996, and continuing on the 15th day of each following month, Contractor shall submit a monthly statement for payment which particularly describes 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. 3.1.3 Any funds provided pursuant to this agreement may not be used to reimburse Contractor for transportation services provided to STF Contract (Formula) 3 STF-8 .- .". the general public. Contractor will also not be paid for unauthorized services, claimed services which have inadequate proof of actual delivery, or services which are provided to non- disabled persons under the age of 60 years. 3.1.4 The District reserves the right to withhold payment of funds if any documentation or reporting has not been previbGsly complied with by Contractor, or if there exists, at the time of a request for payment, any unresolved audit findings. 3.2 Limitation of Funds. The total funds available under this agreement shall not exceed the sum of $15,652 for operating expenses only. 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. 3.3 Nonappropriations Clause. District shall not be obligated to make any payments to the Contractor under this agreement to the extent that District does not obtain sufficient funding from the Public Transit Division under ORS 391.810, or to the extent funds are not appropriated by District under the Local Budget Law (ORS 294.305-294.520, 294.555, and 294.565), in which event District may, but shall not be obligated to, terminate this contract or prorate available and appropriated funds among all providers of transportation programs and services for the elderly and disabled currently under agreement with District. STF Contract (Formula) 4 STF-8 ". 1-' 3.4 Prohibited Expenditures. Except as is expressly provided in this agreement, the District is not responsible for providing operating capital required to commence or continue the transportation services agreed to be performed by Contractor. Contractor is entitled to reimbursements for all costs, both directly and indirectly incurred in connection with providing the services as budgeted in the attached Ex'hfbit "D" but, except as is eXjJressly provided in this agreement, Contractor shall not be entitled to reimbursement of the following costs or expenses: Interest or other finance charges assessed Contractor on borrowings (however represented), bond discounts, cost of financing and refinancing operations, and legal and professional fees paid in connection therewith; 3.4.2 Any losses arising from uncollectible accounts and other claims, 3.4.1 and related costs; 3.4.3 Costs of amusements, social activities, and incidental costs relating thereto, such as meals, beverages, lodgings, rentals, transportation, and gratuities; 3.4.4 Salaries and other expenses of the State Legislature or similar local governmental bodies such as county supervisors, city councils, school boards, etc., whether incurred for the purposes of legislation or executive direction; 3.4.5 Costs resulting from violations of, or failure to comply with, federal, state and local laws and regulations; STF Contract (Formula) 5 STF-8 ___",,,>,~""..__"~_L_._"~ 3.4.6 Depreciation of any equipment, machinery, tools, furniture or other property utilized by Contractor in the performance of obligations imposed by this agreement; and 3.4.7 Payments or contributions directed to a candidate for political office or any fund administered for the purpose of influencing legislative, administrative or other governmental activity. 3.4.8 Contributions or donations of any other nature to individuals, organizations or agencies. 3.4.9 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 Division. 3.5 Upon receipt of prior District approval, Contractor will be entitled to reimbursement of local match funds expended for the purchase or repair of capital equipment. 4. CONTRACTOR'S WARRANTIES. 4.1 Contractor hereby covenants, represents and warrants to District as follows: 4. 1 .1 Contractor has all requisite power and authority to own and operate the assets required to fully perform and supply the transportation services described by the attached Exhibit "C". 4.1.2 Contractor will, to the maximum extent feasible, coordinate the provision of services with other transportation providers in their STF Contract (Formula) 6 STF-8 T' .^_..~.._"," _'~N.,...~."_,._~_...~~-.~K,___._",;"""_,,~~_,,,,,__ 'f'l"I' 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 dPContractor's ownership and operai::on of its business activities. 4. 1.4 There are presently no judgments, claims, actions, liens or other proceedings outstanding against or pending against the assets or Contractor in any court, or otherwise. 4.1.5 If District is required to make direct payment to any of Contractor's creditors for any liability not expressly assumed herein, District may make such payment and demand reimbursement thereof from Contractor, or credit such payments against the next succeeding payment due from District to Contractor. Should District consider it necessary to pay any creditor of Contractor, District shall first give Contractor notice in writing of the District's intention to do so, which notice shall identify the creditor and specify the amount to be paid. Contractor shall have ten (10) days thereafter to satisfy the creditor's claim and furnish to District proof of such satisfaction. If Contractor fails to satisfy the claim, District may make such payment and Contractor shall reimburse District within ten (10) days after written demand from District, provided, however, that Contractor STF Contract (Formula) 7 STF-8 ",.. ~,. . .____~..__~".",.~,.._.".<".<~"_"..._>_.."._'_ 'f'I"i" _........---_".._.M~~'~~_.....,,'~_~.....".._~~.,~"__.,,_._'__.._,. ..... -'-'" may withhold payment of a claim in connection with a good faith dispute over the obligation to pay, so long as District's interests are not jeopardized. Proof of any payments made by Contractor shall be furnished to District in the form of a receipt from the Creditor involved or a canceled check. 4.1.6 Contractor assumes all liability for funds received pufsuant to this agreement, and shall further assume responsibility for repayment to the District of any expenditures not expressly authorized by this agreement or the attached exhibits. Upon the receipt of written notice from the District describing the extent and nature of any non-authorized expenditures, Contractor agrees, within ten (10) days following the receipt of such notice, to immediately refund any monies previously received for non-authorized expenditures. When making repayment to the District, Contractor agrees to use non-STF funds. 4.1.7 Except as otherwise expressly disclosed herein, Contractor has entered into no subcontract relating to transportation services for the elderly or disabled, and Contractor has, to the best of Contractor's knowledge, complied with all laws, rules, and regulations relating to the performance of services under this agreement. 5. DISTRICT COVENANTS. 5.1 District agrees to administer this agreement, and all other agreements entered into as part of the District's participation in the STF program, in STF Contract (Formula) 8 STF-8 ---.-T' .. 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 fuh1iture will be reimbursed unless specifically authorized in Nriting by the District, and unless such expenditure is further included and expressly identified in the approved budget as evidenced by Exhibit" D." I n those instances where the purchase of operating equipment has been ratified and approved in the manner set forth in the preceding sentence, Contractor agrees as follows: 6.1.1 All equipment purchased under this agreement must be utilized solely for the purpose of providing elderly and disabled transportation. 6.1 .2 When said equipment IS no longer needed or utilized by the Contractor for elderly and disabled transportation, Contractor agrees to provide the District written notification of the cessation of elderly and disabled transportation services within five (5) days following the Contractor's termination of such transportation activities. Contractor further agrees to refund to the Local 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 STF Contract (Formula) 9 STF-8 .., """..".. . ... ."..---.----..........,..... 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 df~ Contractor's equipment. 6.1.3 During the life of equipment with an acquisition cost of $1,000 or more, or until such equipment is disposed of, the Oregon Public Transit Division requires, and the Contractor will provide, quarterly reports on such capital purchases. 6.1.4 Contractor agrees to comply with all reporting and audit obligations imposed by the Oregon Public Transit Division. 7. FISCAL ACCOUNTABILITY & RECORDS MAINTENANCE. 7.1 Fiscal Accountabilitv. Contractor agrees to prepare and maintain records evidencing the performance of services under this agreement in accordance with generally accepted accounting practices. A separate accounting for all receipts and expenditure of STF funds will at all times be maintained. All expenditures must be made under a previously- approved detailed budget. Any transfers between budget categories (Personal Services, Materials & Services, or Capital Outlay) will require prior approval by the District. The budget will not extend beyond June 30 of any District fiscal year, and any unobligated budget appropriations will lapse at that time. All costs directly or indirectly related to this STF Contract (Formula) 10 STF-8 T ,-...,."........-.,....-.....-...-........-----.--- . ?V" 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 pursl..:~nt to this agreement. On or before the 30th day following the termination of this agreement, Contractor shall identify and report to the District the prior expenditure of program monies during the agreement period. Upon the termination of the STF program, Contractor further agrees to cooperate with all procedures implemented by the District to identify and account for all monies received or disbursed, and to itemize any outstanding liabilities, if any, which may exist upon the close of the program. 7.2 Records Maintenance. In addition to the information to be maintained by Contractor for billing purposes, Contractor shall further maintain and preserve such records and reports as may be required by the District to assure appropriate performance under the provisions of this contract, and all records or documents which are required of the District by any other governmental authority. Where appropriate, the District will provide the Contractor with all necessary forms to be completed as part of Contractor's reporting obligations. 7.3 Access to Contractor's Records. At any time during normal business hours, all records, including, but not limited to, all books of the STF Contract (Formula) 1 1 STF-8 --1" 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 Division of t!le Oregon Department of Transportation, or their duly authorized representatives, 7.4 for the purpose of audit or examination. Records Retention. The Contractors"all 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 STF Contract (Formula) 12 STF-8 ---- ~<-",............~.,...,-----,.. ._~~-_.,_._- T services to be applied toward the costs of transportation services. Any funds received from or in behalf of transportation service recipients are considered program income and shall be utilized by Contractor to offset the cost of providing services pursuant to this agreement. Contractor shall undertake whatever steps are necessary to insure the protection of the privacy of each person with respect to his or her contri8ution. While Contractor is encouraged to seek contributions to be applied toward the cost of administering this transportation program, Contractor acknowledges and warrants that no qualified individual will be denied transportation services merely because the individual is unable or unwilling to make a voluntary donation. Contractor agrees to report any receipt or expenditure of program income on a first in, first out basis, and all expenditures received by Contractor as program income will be deducted from the Contractor's monthly billing statement. 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 STF Contract (Formula) 13 STF-8 '^'."............>~.. .... all other documents, books or records which support the final fiscal report. 9.1.2 The audit/review shall cover the Contractor's fiscal year and any other period during which the Contractor provided services pursuant to the terms of this agreement. 9.1.3 One (1) copy of the published audit/review repbr\ or Letter of Assurance from the Contractor's a~lditor shall be submitted to the District not later than one hundred eighty (180) days following the end of Contractor's fiscal year. 9.1.4 Contractor assumes full responsibility for payment of all audit/review costs and such costs are a reimbursable expense pursuant to this agreement. 9.1.5 Contractors who are otherwise subject to the reporting and examination requirements of ORS 297.405 through 297.740, "Municipal Audit Law," may incorporate the audit requirements imposed by this agreement into a single audit report. 9.2 Correction of Errors or Deficiencies. Contractor assumes all responsibility for the resolution and correction of any adverse 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. STF Contract (Formula) 14 STF-8 . I ~ .,..".. ......... 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 10.1.2 10.1.3 10.1.4 10.1.5 STF Contract (Formula) Bodily injury liability insurance with limits of $200,000 each person and $500,000 each occurrence. '..l" Property damage liability insurance with minimum limits of $100,000 each claimant. 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. 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, GRS 30.260, et seQ. Assumed contractual liability insurance for obligations assumed by Contractor under Paragraph 11 of this agreement. 15 STF-8 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 worker~'?' 10.2 All contracts of insurance, with the exception of Workers' Compensation 10.1.6 coverage, procured by Contractor shall include the District as an additional named insured. 10.3 All policies must have a thirty (30) day notice of cancellation or non- renewal, unless otherwise agreed to, in writing, by the Contracting Officer. 10.4 Contractor shall provide the District with written documentation of insurance coverage in the form of a Certificate of Insurance not later than twenty one (21) days following the effective date of this agreement. Such certificate must also be provided as insurance coverage is renewed during the course of the contract. Upon the Contractor's failure to deliver such written documentation of insurance coverage, District may suspend, pending receipt of such documentation, further payments under this agreement. 10.5 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 STF Contract (Formula) 16 STF-8 .......h.. ""'__'^"'....~_,,. ^ < .,...~..._,~..~~,_.,..,~_'w,..;_".o,~_..~.,.,_~." accepted in lieu of the Certificate of Insurance required under the above provisions. 10.6 Upon the expiration of any Insurance coverage specified above, the District, at its option, will be excused from any further obligation or duty under this agreement. 11. INDEMNIFICATION. '..=" 11 . 1 Contractor shall defend (with legal counsel acceptable to the District), indemnify and hold harmless the District, the Public Transit Division of the Oregon Department of Transportation, and their officers, agents, employees, 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 agreement. STF Contract (Formula) 17 STF-8 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 shalhn any way be deemed employees of the District. Contractor shall have complete charge of the performance of services, with full direction and control of Contractor's employees and with responsibility for their compensation, hiring and discharge. Contractor shall be liable for the acts and omissions of Contractor's agents and employees. Contractor shall pay all payroll taxes, workers compensation insurance, unemployment insurance and other expenses connected with Contractor's employees. 13. PERMITS & LICENSES. 13.1 Contractor shall obtain at its own expense all necessary permits, licenses or other public authority required in connection with the performance of services under this agreement, and shall comply with all federal, state, county and municipal laws, ordinances, rules and regulations pertaining to the performance of transportation services. 14. SAFETY. 14.1 Contractor shall be responsible for the safety of all services performed pursuant to this agreement, and shall maintain all necessary protection and precautions for that purpose, shall comply with all laws and regulations affecting health and safety, and shall immediately remedy STF Contract (Formula) 18 STF-8 """...." , any citation for violation of such laws and regulations, and shall defend and hold the District harmless from any penalty, fine or liability in connection therewith. 15. ASSIGNMENT. 15.1 Contractor shall not assign, whether voluntarily or involuntarily, or by operation of law, this agreement, or any interest therein, ot-"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. STF Contract (Formula) 19 STF-8 16.3 Contractor shall comply with all provisions of Oregon law relating to public contracts to the extent such are applicable including, without limitation, ORS 279.310 through 279.320 and ORS 279.334, et sea. 17 . TERMINATION. 17.1 This agreement shall be effective as of the date first written above and shall continue until June 30, 1997; 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: a. If the Contractor fails to provide services called for by this agreement within the time specified herein or any extension thereof; or b. If the Contractor fails to perform any of the other provisions of this agreement, or 50 fails to pursue the services as to endanger performance of this agreement in accordance with its terms, and STF Contract (Formula) 20 STF-8 .. ",,- "f"^^ 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. c. 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 no.t"renewed. 17.4 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. 18. NOTICE. 18.1 Any notice under this agreement shall be in writing and shall be effective when actually delivered or when deposited in the mail, registered or certified, addressed to the parties at the following addresses: 18.1.1 CONTRACTOR: Randall Rohman Public Works Program Manager City of Woodburn 270 Montgomery St. Woodburn, OR 97071 18.1.2 DISTRICT: General Manager Salem Area Transit 3140 Del Webb Avenue NE Salem, OR 97303-4165 or at such other addresses as either party may designate by written notice to the other. STF Contract (Formula) 21 STF-8 .-" 19. WAIVER. 1 9. 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. 20. DISPUTE RESOLUTION. '..;1' 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 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 opportunity to be heard and to offer evidence in support of their respective positions. STF Contract (Formula) 22 STF-8 .' ,~,-,,,,,_.,_.,,,._,",,_.,,-,,~,,,,~----,,,.,,,,-,.~,,,-,",,^",,~--_._~_. 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 shaW 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. GOVERNING LAW. 23.1 This agreement shall be governed by and construed in accordance with the laws of the State of Oregon. 24. JURISDICTION. 24. 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. 25. ATTORNEY FEES. STF Contract (Formula) 23 STF-8 ..,..~ 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 a.ction, 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. IN WITNESS WHEREOF, the parties have executed this agreement in duplicate, effective on the date first written above. CONTRACTOR: CITY OF WOODBURN BY~~ ~4 Signature . , Nancy Kirksey. Mayor Typed Name & Title DISTRICT: SALEM AREA MASS TRANSIT DISTRICT By R.G. Andersen-Wyckoff, General Manager ATTACHMENTS EXHIBIT A - ORS 391.800-391.830 EXHIBIT B - Oregon Administrative Rules 732-05-000 thru 732-10-045 EXHIBIT C - Program Description EXHIBIT D - Program Budget STF\CONTRACTS\96\CONTRACT.PF MRA-07/08/96 STF Contract (Formula) 24 STF-8 -.r" EXHIBIT A 391.620 HIGHW A YS, ROADS, BRIDGES AND FERRIES ELDERLY AND DISABLED TRANSPORTATION 391.800 Elderly and Disabled Special Transportation Fund. (1) There is ectab- lished in the State Trea&ury, separate and distinct from the General Fund, the Elderly and Disabled Special .Transportation Fund. All moneys in the Elderly and Disabled Spe- cial Transportation Fund are appropriated continuously to the Public Transit Division of the Department of Transportation for pay- ment of the division's administrative costs of the' program and palment to rr.ass transit districts, transportation districts and coun- ties as provided in ORS 391.810. . (2) The Elderly and Disabled Special Transportation Fund shall consist of: (a) Moneys transferred to the (uyd under ORS 323.455 (3); ,~ (b) Other moneys appropriated to the fund by the Legislative A5sembly; and (c) Moneys obtained from interest earned on the investment of such moneys. (3) Moneys in the Elderly and Disabled Special Transportation Fund,. with the ape proval of the State Treasurer. may be in. vested 8.6 provided by ORS 293.701 to 293.776, 293.810 and 293.820, and the earnings from such investments shall be credited to the El- derly and Disabled Special Transportation Fund. (1985 c:.816 19; 1987 c.62 11; 1989 e.224 1661 391.810 Distribution of funds to dis- tricts and counties. (1) The Public Transit Division shall distribute thre~uarters of the moneys in the Elderly and DiSabled Special Transportation Fund, including the interest attributable thereto, to mass transit districts organized under ORS 261.010 to 261.390, transportation districts organized under ORS 267.510 to 261.650 and to those counties in which no part of a mass transit district or transportation district is located 8.6 follows: (a) Each such district shall receive that share of the moneys 8.6 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 ctate. However. if two or more districts are situated in a sing!e county, distribution of moneys under this lIUbsection shall be determined as - tho~h only the mass transit district is located In that coun~ or. if there are two or more transportation districts in the county, as though only the transportation district with the highest population is located in that county. (b) Each county in which no part of a mass transit district or transportation dis- trict is located shaI1 receive that share of the moneys as its population, determined under ORS 190.610 to 190.610 last preceding such apportionment. bears to the total population of the ctate. (2) After the requirements of paragraphs (a) and (b) of aubsection (1) of this section EXHIE MASS TRAN$PORTA TION 391.~~ have been met, the remainder of the moneys. in the. Elderly and Disa.bled Sp~cial Trans- portalton Fund ~hall be. distributed to the districtG and counties described in subsection (l) of this section .by the Public Transit Di- vision as follows: (a) Each such district. or county that rc~ ceives a share of the moneys in proportion to population under subsection (1) of this section shall receive an .amount, which ~hall be fixed by the Oregon Transportation Corp- mission by rule, but not in excess of $2,000 annu;,ll\.. to be used to defrav the adminis- trative -expenses of the distri~t or county in earn-jng out its fun~tions under ORB 391.800 to 391.830. is established as an account in the Elderlv 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 Public Transit Division for the purpose ,of distribution for ultimate use for transpor- tation and services to the elderly and disa- bled as described under ORB 391.830 (4). However, only such of the moneys th~~ are specifically directed b}' the Oregon Trans- portation Commission under subsection (41 of this section. to be distributed to a district or count\" as described in ORS..S91.810 (11. .shall ~ distributed to that district or county. (3)(a) An..- district or county described in (b) Each sueh district or county that re- ORS 391.810-(11 may make application to the eei....cs a share of the moneys in proportion Public Transit Division for a distribution to population under subsection (1) of this from the discretionary grant account eStab- section shall receive for each fiscal year a lished under subsection (1) of this section. minimum amount, to be determined by the The application shall describe the purposes Oregon Transportation Commission by rule, for which the grant is to be used and the which minimum amount shall be distributed monetary amount that is required to carry to providers of transportation for use as out those purposes. specified under ORS 391.830 (4). (b) Upon receipt of an application, the (c) Each such district or count)" shall re- Public Transit Division shall cause the ap- ceive any money distributed to it from the plication to come to the attention of the discretionary grant account established un- Oregon Transportation Commission. which del' ORS 391.815_ shall, after consideration, approve or deny (d) After the requirements of paragraphs the application, in whole or in part. (a) to (c) of this subsection have hcen met. if (c) The Oregon Transportation Coinmis- any moneys remain in. the Elderly and Disa- sion shall approve only those grants applied bled Special Transportation Fund they shall for under paragraph (a) of this subsection be set aside and transferred to a discretion- that are for use for the purposes set forth in ary grant account established under ORS ORS 391.830 (4). 391.815. (4) Upon approval of an application. in (3) The Public Transit Division shall not whole or in part. the Oregon Transportation distribute mone)'s to a mass transit clistrict. Commission shall direct the Public Transit transportation district or county under this Division to distribute the dollar amount ap- section unless the district or county has ap. proved to the applying district or county. pointed an advisory committee under ORS 11989 c.S66 ilOI 391.820. 39 d . . 1.820 A VISOry committees; mem- (4) The Public Transit Division shall bership: duties. (1) The governing bod~' of adopt rules necessary for the administration each mass transit district. transportation of ORS 391.800 to 391.830. district and county that is eligible to receive (5) Each district or county described in In9neys from the Elderly and Disabled Spe- irubsection (1) of this. section is specifically cial Transportation Fund under ORB 391.810 authorized to enter into an agreement with shall appoint an advisory committee to ad- another or other such districts or counties vise and assist the governing body in carry. under ORS 190.003 to 190_110 in order to fa- ing out the purposes of ORS 391.800 to cilitate the performance of the functions au- 391.830, The number and terms of the memo thorizcd under ORS 391.830. (1985 c.816 il0; 1989 hers of an advisory committee appointed \.In- c.224 i67; 1989 dl66 iSI del' this section shall be determined by the 391.815 Discretio.nary ~nt account; - appointing governing body. purpose: application for erant; er&nt .p- (2) To be qualified to serve on an advi. proval: distribution of moneys. (1) After sory committee of a district or county, an the requirements (If ORS 391.810 have been individual must reside within the boundaries satisfied, the remainder of the moneys in the of the district, the cO'unty within which a Elderly and Disabled Special Transportation district or part thereof is located or the Fund shall be set aside and transferred to a county in which no . part of a district is 10- discretionary gr:ant account, which account cated and must be: ..,.. 'j EXHIBIT A 391.830 HIGHWAYS. ROADS, BRIDGES AND FERRIES . .(~)A person who is an elderly or disabled mdlvldual 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 trans- portation services; (c) An individual engaged in providing transportation services to the elderly or dis- abled in the district or county; (d) A representative of elderly individ- uals; or (e) A representative of disabled individ. uals. (3) An advisory committee appointed un- der 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 dl6 in; 1987 c.532 U; 1989 c.214 iGSI 391.830. Use of funds to finance and improve transportation for elderly and disabled. (1)(a) Each mass transit district and transportation district that receives moneys from the Public Tx-ansit Division of the Department of Transportation under ORS 391.810 (1) or (2)(b), after providing for costs of administration in an amount determined under ORS 391.810 . (2)(a), shall distribute those moneys to providers of transportation for the purpose of financing and improving transportation programs and services for the elderly and disabled residents of the district and the county in which all or a portion of the district is located. The moneys received under ORS 391.810 (1) and (2)(b) and distrib- uted to providers of transportation in areas within the counties in which the district is located but outside the boundaries of the distri.:t shall be that share of all moneys ~ ceived 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 Public Transit Division of the De- partment of Transportation under ORB 391.810 (1) or (2)(b), after providing for costs of administration in an amount determined under ORS 391.810 (2)(a) shall distribute those moneys to providers of transportation for the purpose of financing and improving transportation programs and services for the elderly and disabled residents of the county. .. .".... .....~ (2) The governing body of a district or county, after consultation with the advisory committee it appointed under ORS 391.820, ..hall 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 re- ceiving funds prior to January 1, 1986, from any governmental unit or agepsY for pur- poses related to the transportation needs of the elderly or disabled is eligible to receive moneys from a dist.rict 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 transporta- tion programs and services for the elderly or disabled. (b) Expansion of such programs and ser- vices. (c) Creation of new programs and ser- vices. (d) Planning for, and development of. ac. cess to transportation for elderly and disa- bled 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 au. thorization of the Public Transit Division, 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 mone)'s currently appropriated by counties or dIS- tricts for elderly and disabled transportation projects. (6) As used in this section, "'provider of transpOrtation" includes a city. county. dis- trict or any other persOn or agency. whether public or private, that maintains, o~rates or sponsors vehicles and facilities for the trans- portation of passengers for profit or on a nonprofit or voluntary basis. (1985 c.816 il2; 1989 c.%24 169; 1989 c.866 1111 CHAPTERS 392 TO 395 (Reserved for expansionl --I --.) .. .""~" ..,... '-=" r'-. ,hON ADMINISTIl,ATIVE RULE PUBLIC TRANSITnIVISION . CHAPTER '132 Table of Contents DIVISION 1 PROCEDURAL RULES '132-01-005 Model Rules of Procedure DIVISION 6 SPECIAL TRANSPORTATION FUND FOR ELDERLY AND HANDICAPPED 732-Q5-OOO '132-05-005 '132-05-010 '132-05-016 . 732-05"()21 732-05"()27 '132-05-031 '132-05-036 '132-05-041 732-()5.O<<) '132-05-051 732-05-QS6 -- .. General Information Purpose of Rule Statutory Authority and Procedure Definitions Purpose of the Special Transportation Fund Administration of Funds by the Public Transit Division Eligible Recipients of STF Moneys STF Loc8.l Advisory Committee Requirements .Accounting Requirements of the STF Pro~m Capital Purchase Requirements Aumt Requirements . Re~rtinK Requirements WIthholding of Funds from a Governing BOdy r' EXHIBIT B DIVISION 10 THE SPECIAL TRANSPORTATION FUND FORMULA PROGRAM '132-10-005 '132-10-010 '132-10-020 '132-10-025 '132-10-030 '132-10-035 '132-10-0.r0 '132-10-045 ~am PurPose ApPlications ~cedures for the STF Formula Pro~m ~plication Review service Review Disbursement of Funds Distribution of STF Formula and Minimum Allocation Moneys by the Governing Body Use of Funds Redistribution orPtogram Funds DIVISION 20 THE STF DISCRETIONARY PROGRAM '132-20-005 '132-20-010 '132-20-015 '132-20-020 '132-20-025 '132-20-030 732-2()..()35 '132-20-040 '132-20-045 Purpose Application Procedures for the STF Discretionary Program Standards for Selection of the STF Discretiona~Grant AI!~ication Review . STF Discretionary Grant Evaluation Panel Award of Funds Use of Funds . . Discretionary Pro~t Momtonng Redistribution of Funds (March, 1991) EXHIBIT OREGON ADMlNISTRATlVE RUL ; · ~b~" '132, DIVISION 1- PUBLIC TRAN&b iJIVISlON DIVISION 1 PROClIDuRAL RiJLES Model Rules of P;i:oCedu.re '132-o1"()()s (1) The Attorney General's Model Rules of Pr.ocedure under the Administrative Procedures Act, effective OCtober 15J, 1989. dated March 1990, 8:re. hereb)" ad.opted ror reterenee as the gene reI admlnlstratlve pi"ocedural rules of the O~on Transportation Commissiort. Public Transit DiVIsion of the Department of Transportation. (2) This rule shall rl1ipersede and replace the ~reviou5ly _adopted 1988 edition of the Attorney General's MC>del Rules. Previously adopted special ----_. .........~ procedural rules of the affected agencies shall !"emai!l in ef~ect to the ~~tent. they are not mconslstent WIth the Ad~strative Procedures Act and other statutOry authority and policy. Stat. Alith.: ORS Ch. 183 Iliat: Pl'D 2-1986. r. &: ef. .(..28-$; Pl'D 1,.1988, r. " cert. er. 8-22-88; PTIl2-199O. r. &: Celt. et: 8-1.(-90. _ [ED. NOTE: The text of'lemporuy Rules is not printed in . the Oregon Admin1atrative Rules COmpilation. Copies may be obtained from the adopting ageocy or the Secret4Iy of State.] [ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or Public Transit Diviaion..] ,~.,. (March, 1991) , ..-- _ ~l, JON ADMINISTRATIVE RULE ' ' CHAPTER '132, DIVISION 6 - PUBLIC TRANSrl .01 ~ ..AION DIVISION 5 transit district or a transportation district. ' (7) "'Division" - The OreEon Department of SPECIAL TRANSPORTATION FUND FOR Transp<1rtation, Public Transit Division. THE ELDERLY AND DISABLED (8) "'Elderly person" - Any individual 60years of age or older. - General Information (9) "Formula Allocation" - An amount of STF moneys made available to a ~verning body on the basis of the governing body's share of resident population in proportion to the population of the state as a whole. , (10) "'Governing Body" - The board of directors of anY' district or the governing body of a county receivin-fL moneys from the STF. (11) List of Services" - A summary provided to the Public Transit Division by a district or county listing the pro~sed number of rides, the type of service and bu et for providers receIving moneys from the S~ial s~tion Fund. (12) "'Mass Transit District - A special district orgaIDzed under ORS 267.010 to 267.390. (13) "'Minimum allocation" - A minimum annual amount for which each district or county shall be eligible. Each governinf: body shall have no less than the minimum allocation made available, irrespective of population. under the STF Formula Program. - {14) "'Project. - A service or C8j>ital purchase eligible for funding by the Formula Pro~ or the Discretional)' Grant Progx:am which faUs within the purposes defined in OAR 732-05-000. A project may include, but is not limited to, planning and needs assessment, training, research, demonstratio~ caeital, and ov.erating requests. (15) "PrOVIder - Any oty, coun~, Oistrict, or an,. other person or agency, whether public or prIvate, that maintains, operates. or sponsors vehicles and facilities for the transportation of pas:>engers for profit or on-a nonprofit or voluntary basis. (16) .Public Transportation Services. - Any form of mass transportation by bus. rail or other conveyance} either ~ubliclI or privately owned, which proVIdes serVIce to the general pUblic not includiDg charter or sigl].~ or exclusive school bus) on a regular and contmuing basis. Such transportation includes purposes such as health care, shopping, education, employ-ment, public services,J)Crson81 business or recreation. (17) "'Representative of Disabled Persons- - An individUal, designated by a governing bod3. who is familiar. knowledgeable or aware of the transportation needs of disabled persons. For example. such an individual could be a._member of an organization that provides assistance to or representation of disabled individuals. (18) "Representative of Elderly Persons" - An individual, design.!lted by. a governing body. who is familiar. knowledgeable or aware of the transportation neeCls of elderl! persons. For example, such an individual could be a member of an organization that provides assistance to or representation of elderly individuals. (19) .Special Transt>~rtation Fund for Elderly and Disabled (sryt - Moneys generated bJ a tax on ci~ttes or from other sources. appro.pnated to the Public Transit Division for distribution to providers of transportation for the purpose of financing and improving tran~~tion programs and sel"Vlces for tlie elderly and' led. (20) "Transportation District" - A special ~o~ofRwe . 132-()5.()00 These roles establish the procedures and requirements of the Public Transit Division for the administration of the Special Trans{>Ortation Fund (STF) for the Elderly and Disabled mcluding 732-10 and 732-20. Stat. Auth.: ORS Ch.. 323, 391. &. 81G Hist: Pl'D 1-1986. f. &. ef. 1.1~; Pl'D 1-1981, r. It. ef.. 11- 24-87; Pl'D 1-1989(Temp), f. It. c:erL cf. 12-29-89; Pl'D 1- 1990, f. It. cerL ef. 5-31-00 [ED. NOTE: The text of TemporaI)' Rules ill not printed in the Oregon Administrative Rules Compilation. Copies may be obtained from the adopting agency or the Secreta1Y of State.] Statutory Authority and Procedure '132-05-005 Oregon Laws 1985, Chapter 816, Section 10(4) and Oregon Laws 1989 Chapter 866, Sections 7, 8. and 11 reguire the Public Transit Division to adopt rules necessary for the administration of the STF. Stat. Auth.: ORS Ch. 323. 391." 81G Hist: Pl'D 1-1986. r. It. ef. 1-10-86; Pl'D 1-1981. r. &; ef.. u. 24-81; Pl'D 1.1989(Temp). f, &. c:erL er. 12-29-89; Pl'D 1- 1990, r. It. c:erL ef. 5-31-00 (ED. NOTE: The text ofTemporaI)' Rules Is not printed in the Oregon Administrative Rules Campil.tion. Copies may be obtained from the .dopting agency or the Secreta1Y of State.] Definitions '132-05-010 (1) · Administrative allotment" - an amount. disbursed annually, for administrative expe!lses of a governing body in car~ng out functions descnDed under ORS 39L800 to 391.:830. (2) <<Advisory CommitteeW - A committee apQOinted l?Y a govemi~ body to review" ad~ ana assist in the distribution of moneys ll'Om the Special Trcll:~rtation Fund. Members must be el<lerly or' led users or transPOrtation services transportation providers, representatives ot persbns who are elderly or diSabled, or persons who - are elderly. or di~bled .without access to public _ ~rtation 6e1"Vlces. . (3) -capital Purchase" - Ecluipment or vehicles that have an aequisition east of $1.000 or more. (4) "'Disabled. ~rsonw - Any individual who, by - reason of illness, injury, advanced age, congemt8l malfunction, or other permanent or temporary inea~aeity or disability, may have special requirements in using public transportation facilities end services effectively. This inCludes any person who uses a wheelchair or has semiambulatory capabilities. (5) .Discretionary Account- - A Special Trans~rtation Fund aecount for distribution of the remainin,g cigarette tax receipts set aside following distribution of the three-quarter per capita formulii allocation, minimum allocation and administrative allotment. (6) "District" - As used in these rules, a mass ".~~....._.... ., EXHIBIT B (March, 1991) ..... .. EXHIBIT e . '--.oREGON ADMINISTRATIVE RULr"'-, CHAP'l :32, DIVISION 5 - PUBLIC TRAN~ i )IVISION , ..iet or~ized under ORS 267.510 to 267.650. (21) "Use! of Transportation Services" - An elderly or dIsabled person who makes .use of transportation progiams and terviees for the elderly and disabled. Stat.Auth.: ORS Ch. 823. 391.& 816 Hist: Pm 1"19M., r. ,.~. i-l0-86; Pm 1-1981, r. & ef. u- 2(-87; Pm 1-1989('Iemp), C. '" cert. er. U-29-89; Pm 1- 1990 r. & cert. et 6-31-90 [ED. NOTE: The text ofThmporazy Rules is not printed in the Oregon Administrative Rulee Compnation... Copies may be obtained from the adopting egeocy or the Secretary of state.] 732~16(l) [Renumbered to 732-05-020] 732-Q5-016(1)(a~) [Renumbered to 132-05-027] 732-05-016(2-5) Renumbered to 732-10-010] Purpose of the Special Transportation Fund 732-05-016 Moneys distributed to providers of transportation under OAR 732-10 and 732-20 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 pro~s and services. (4) Planning for. and development of, access to transportation for e\derly and disabled individuals who are not currently served by transportation programs and services. Stat. Aath.: ORS Ch. 323. 391. & 816 Hist: Pl'D 1-1986. r. & ec. 1-1~; Pl'D 1-1981. r. & ef. u- 2(-81; Pm 1-1989('Iemp), r. & cert. ef. 12-29-89; Pl'D 1- 1990. r. " cert. ef. 6-31-90; Renumbered from 132-05- 060(3Xa~ [ED. NOTE: The text of Thmporary Rules is not printed in the Oregon Admi.nistrati-ve Rules Compnation.. Copies may be obtained from the adopting ageoc:y or the SecretaJy of State.] '132-05-020 [Renumbered to '132-10-015] Administration of Funds by the Public 1.ransit Division 782-05-021 (1) Public Transit Division shall conduct the necessary activities to manage the Special Transportation Fund. (2)After payment of the state administrative costs of the p~, the Public Transit Division shall make avail8ble money!; from the STF: (a) 'I'hree:-fourths of STF moneys shall be made .a,vai1ahle annually to ~verning bOdies on the basis of p9pulation diStribution. This will be known as the STF Formula Alloeation: and (b) Of the remain~ one-fourth ofSTF mon~.:_ (A) An administrative allotment of $2,000 sh8ll be made available annually to each gov~ body; (B) A minimum allocation shall be made available annually as a supplement to the moneys made available based on popUlation. nus minimum allocation, when combined with fonnula moneys, will ~ual at least $15,000; and (C) Any remaining moneys shall be set aside to a Special Transportation Fund discretionary account from which gra.t!ts 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 (March, 1991) ... ....'.. transportation services for the elderly and disabled as described under ORS -39L830. Stat. Auth.: ORs Ch. 323. 391. '" 816 Else pro 1-1986 r. & ef. 1-1~; pro 1-1987, f. & ef.-ll- 2(-81; pro 1-1989ctemp),_ f. &. t>ert. et i2-~-89; P1;D 1- 1990, f. & <li:rt. et 6-31-90; Renumbered Crom.732-05-016(1) [ED. NOTE: The text of Temporary Rules is DOt printed in the Oregon Administrative Rules Compilation.. Copies may be obtained from the adapting agency or the 5ecrctaiy ot State.] List of Services . 732-05-025 [PTD 1-1986, f. & ef. 1-10-86; PTD 1-1987, f. & ef. 11-24-87; Suspended by Pl'D 1-1989(Temp), f. & cert. ef. 12-29-89; Repealed by Pl'PJ.-1990, f. & cert. e[ 5-3NJO] Eligible Recipients of STF Moneys 732-05-027 (1) STF moneys may be distributed to the followinlf- . (a) 'lb districts where they. exist; (b) 'lb 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 higb,est"pop~ation. (2) Districts and counties receiving STF moneys are known as governing bodies. Stat. Auth.: ORS Cb. 391 & 816 Hiat.: PTD 1-l986. r. & ef. 1-10-86; PTD 1-1987, r. & ef. U- 24-87; PTD 1-1989('Thmp), f. & c:ert. ef. 12-29-89; Pl'D 1- 1990". r. & cert. ef. 6-31-90; Renumbered from 132-05- Ol6(l)(a~) (ED. NOTE: The text ofTemporaxy Rules is DOt printed in the Oregon Adminlatrative RuleS Compilatiol1. Copies may be obtained from the adopting egency or the SecretaIy of State.] '132-05-030 [Renumbered to '132-i0-020] STF Local Adviso1Y Committee Requi.l.-ements '132-()5.()81 (1) The governing J:>odY- of each mass transit district, transportation district, or county that is eligible to receive STF moneys sliall appoint an advisory committee to advise and assist the governing Dody. - - (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 represel\ts II. service that is ~ed in ~rovidiru! transportation services to the elderly or aisabled within the district or county. The provider representative may reside outsicIe 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 (0 A representative of disabled persons. (3) Members and employees of the governing body may not serve as voting members on the ----, ) , 'L_.EGON ADMINISTRATIVE RULl. CHAPTER 732, DIVISION 6 - PUBLIC TRANSn'DIVISION advisory_Committee. (4) The purpose of the advisory committee is to advise and asSIst the ~verning body in carrying out the ~urposes 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 bod..Y; (b) The advisog committee shall review the propos~d distributIon of formula moneys by the governmg body; (c) The advisory committee shall review STF discretionar)'" grant proposals and make recommendations to the governing body; (d) The advisory committee may propose any chal}ges to the proposed STF dIstribution it conSlders necessary; (e) The advisoty committee, in C8.l!}'ing 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 advisorj committee shall: (a) Adhere to Oregon Public Meetings Laws at all meetings; (b) Have at least three voting members; (c) Meet a sufficient number of times so as to advise the governing body in carrying out the purposes of the srR (6) The number and terms of the members of the adviso!y committee shall be determined by the governi~ 00dy. (7) The governing body shall not:if1 the Division of adviso!J' committee membershIp, including changes in membership by filing: a Roster of Mvisoty Committee Members with Its application for funds or by filing an amended Roster of Advisory ComlDlttee Meinbers. (8) The governing body shall make copies of advisory: committee minutes and meeting notices availalile to the Public Transit Division upon request. Stat. Autb.: ORB Ch. 323, 891. &'816 Hist: Pl'D 1-1986, r. & ef. 1-1~; Pl'D 1-1987, r. " ef'.. u- 24-87; PTD 1-1989('Thmp), f. " cert. ef. 12-29-89; PTD 1- 1986, C. " eC. 1-10-86; PTD 1-1990, f. & celt. eC. 6-31-90; Renumbered. from '132-0&-065 (ED. NOTE: 'The text of'ThmporaJY Rules fa not printed in the Oregon Administrative Rules CompDation. Copies may be obtained from the adopting agency or the Secretary of State.) '132-05.005 (Renumbered to 732-1()..()25] - Accounting Requirements of the STF Program '132-05-036 (1) The governing body shall receive and disperse STF moneys from a separate governmental fund. (2) Inspection of Records and Services: (a) STF recipients shall permit the Division... the Secretaty of State of the State of Oregon or their authorized representatives, upon reasonab\e notice, to inspect aU transportation services provided by the STF, recipient. or any organization acting on the STF recipient's behalf' (b) STF recipients sha\l permit the Divisio~\ the Secretary of State of the State of Oregon or weir authorized representatives, upon reasonable notice, ~ .,-. EXHIBIT B access to all data and records relating to the transportation system and its management,. as well as the physical premises and equipment of the system. (3) Record Retention: (a) The governing body shall maintain all financial records for at least three )'ears after the Division's final disbursement for the fISCal year; (b) The ~oveming !lody shall maintain all records relating to capital purchases for three years after disposition of equipment. StaL Auth.: ORB Ch. 323. 391." 816 Hiat: Pl'D 1-1986, r. " ef.. 1-1~; Pl'D 1-1987, r. & eC. li- 24-87; Pl'D 1-1989('lemp). f. & celt. ef. 12-29-89; Pl'D 1- 1990, r." cert. er. 6-31-90; Renumbered from '132-05-070" ~_1' [ED. NOTE: The text of Temporary Rules i. DOt printed in the Oregon Administrative Rules Compilation. Copies may be obtained i:om the adopting agency or the SecretaI)' of State.] 732-05-040 [Renumbered to 732-10-030] Capital Purchase Requirements 732-05-041 (1) Capital e~iJ>ment may be purchased with STF moneys. wpment must be used for the purpose of provi ing 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 Motor Vehicles DiVIsion in the name oCthe governing body or in the name of the organization receiving the equipment; . (b) If the vehicle is re~stered in the name of the organization receiving the equipment and that organization is not the governing bodr" the govemin~ body will be listed. on the vehicle title as security interest holder. (2) When the eq1!ipment is no longer needed for elderly and disabled transportation, the net proceeds from a sale or an amount ~~ to that value must be returned to the local STF. If other funds were used in the -'?..urchase\ then only the proportion representing STF partiCIpation sh8l1 be returned to tlie STE (3) The governing body shall notify the Division of the sale of equipment purchased with STF moneys and report the use of proceeds from such sale. Stat. Autb.: ORB Ch. 323. 391." 816 Hist: Pl'D 1-1986. r." ef.. 1-1~; Pl'D 1-1987, r." ef. u- 24-87; Pl'D 1-1989('lemp), f. & oert. et 12-29-89; PTD 1- 1990, f." celt. ef. 6-31-90; Renumbered from '132-05-075 [ED. Nom The text of Temporary Rules ia not printed. in the Oregon Administrative Rules Compilation. Copies may be obtained from the adopting agency or the SecretaIY of State.] '132-05-045 [Renumbered to 732-10-035] Audit Req~~ments '132-05-046 (1) STF moneys shall be specifically addressed in the governing l>odYs annual audit. If requested by the Division, the district or countY. shall provide the Division with a copy of the audit repo(~ The Division may request additional information including, but not limited to, audits of (March,1991) .... . CHAP. OREGON ADMINISTRATIVE RUT i32; DIVISION 6 - PUBLIC TRA!\ \ . . 'DIVISION , EXHIB "3 _t'~cifie projects or services. Stat. Auth.: OM Ch. 823. 391. it lhfi , . Hist: Pl'D 1-1986, f. &. <<if. 1-10.sti~ PTD 1-1.981. f. &. et 11- 2<4-87; Pl'D 1-1989(Temp). f. &. cert. ef. 12-29-89; P1'D 1- 1990, f. &. cert. e!. 6-31-00; Renttmbered froin "132-05:000 [ED. NOTE: Th~ text of 'ThmpiiHiii J1uIes is not .,printed in the Oregon ~tive Rale. codipnaticlIi:. COpl~ aitti.y be obtained from the adoPting agency or the Secretuy of Stat.e.] 732-05-050 [Renumbered to 132-05-056] Reporting Requirements 732-05-051 (1) Pu~se: (a) To ensure that b"TF moneys are being used for the pur{>ose of financing and improving transportatIon programs for the elderly and disabled; (b) To me~un: the eff~~ts of the progt:am; (e) To proVIde mformat,.~n to the legIslature. (2) Requirements: (a) .The d!strict or co.unty shall submit, or requrre Its provIders to submIt, a quarterly report to the Public Transit Division; (b) For projects funded by: the Formula Pro~m, a report fonn, ~rovide~ ~y the Di~sionJ. shall be completed for eaCh proVIder on the bst or services. The reports shall contain information about the nature and scope of services proVided; ~c:) The co~ntr or di~trict D!ay re9uire additional reportmg mfonnation from Its prQV1aers; (d) Reports shall be due within 45 days following tlie end of a quarter: (e) For projects funded by the discretionary prop,:am, a report form will be proVided by the DiVISion to be completed as require<i. Stat. Auth.: ORS Ch. 323., 391. &: 816 Rist: PrD 1-1986, r. &. ec. 1-10~; Pl'D 1-1981. r. &: e!. 11- 2i-87; PrD 1-1989{Thmp). r. &: oert. ef. -12-29-89; P1'D 1- 1990, r. Ii: cert. er. 6-31-90; Renumbered from 1'32.05-086 (March, 1991) [ED. NOTE: The text ofTempol"ll1j Rules is not printed. in the Oregon Administrative Rules Compilation. Copies DlAy'bc obtained frOm the adopting egency or the ~ofStat.e.] , 732-05-055 [Renumbered to 732-10-:045l Withholding of Funds from. a Goveriiin~ Body '132-05-056 (1) The Division Duiy Withhold pajJ!lent of srF moneys ,if:. ...... (a) The funds are not bemg ~ 10 aCcordance with these 'rules; , (b) All required reporting has not been submitted; or . (c) There are any unresolved audit findings relating to the SfF. (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. &. 816 list: PI'D 1-1986, f. &. ef. 1-10-86; pro 1-198!. r. &. e!. 11- 24-87; PTD 1-1989(Thmp), f. &. cert. ef. 12-29-89; PrO 1- 1990, f. &. cert. ef. &.31-90; Renumbered from 1'3U5-050 [ED. NOTE: The text of TeaiPOhiIy RuleS ill not printed in the Oregon Administrative Rules Compilation.. Copies may be obtained from the adopting egency or the SeCrettUy of State.l '13~ [Renumbered to 132-0&.016(1-4) and 732-10-040] 732-05-065 [Renumbered to 132-05-031] '13U5-070 [Renumbered to 132-05-036] '132-05-075 [Renumbered to 132-05-041] '182-05-080 [Renumbered to 132-05-046] '132-05-085 [Renumbered to 132-05-051] i __ ..EGON ADMINISTRATIVE RUL -", , CHAPTEl:(. "132, DIVISION 10 - PUBLIC TR.AN6J ~ .alLVlSION DIVISION 10 submission of the application. (3) A list of services including the names and THE SPECIAL TRANSPORTATION FUND addresses of the providers, the type of service to be FOItMULA PROGRAM provided, service area, and amount of funding antici ted.. (ar The governing body may amend the list at any time by filing an amended list with the Division. ' (b) The total cost estimate of all services listed and any contingen~ shall not exceed the sum of the annual distnbution estimate as supplied by the Divisiont prior year STF moneys remaining available 10 the state account, and the STF moneys on hand in the local ~verning body STF account. (4) Planning and development projects shall also be listed and described 10 the list of services. The description shall identify who would do the work. when it would begin tufd be completed, and what purposes or products are to be achieved. (5) Capital purchases shall also be described on the list of services. (6) If an applicant is a district, a breakdown of the county population indicating the number of . individuals who live within the district, and the number who live in the county outside the district, shall be provided to the DiVIsion. The proportion shall be based on the last federal decennial census. (7) The district shall provide a description of the method used to substantiate the population figures. The district shall provide a breaKdown of expenditures both inside and outside the district. The Division shall review and approve or disapp.rove the method and the proposed ex~nditures. (8) Other information pertaining to the proposed service and uses of funds as may be requested by the Division. . (9) Signature of authorized official (chainnan or general manager) of the governing bodl. (10) The governing body shall Identify the souTCe and amount of funds contributing to its total progI:8ll1 of ~!Ov}ding transportation services to the elderly and disabled: (11) The governing body shall identify funds held in contingency and describe a plan tor their use. . Program Purpose ."132-10-0<55 The STF formula program is mtended to provide a reliable and continuing source of revenue in sup~ort 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 dunng the annual cycle. (3) Money is paid regularly to the governing body upon approval of application. StaL Auth.: ORS Cb. 323. 391 " 816 Hist.: Pl'D 1-1990. f'';& cen.. er. 6-31-90 Formula Distribution 732-10-010 For those STF moneys distributed by fonnula: (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 pqpulation of Clties and counties by the State Board of Higher Education (ORS 190.510 to ORS 190.610). (3) The Public 'Iran sit Division shall estimate distributions each January to be effective the following July L If neceSsary, the estimate may be adjusted to reflect actual tax receipts. (4) The Public'Iransit Division shall distribute STF monies regularly. Stat. Auth.: ORS Cb. 323. 391" 816 Hiat.: Pl'D 1-1986, f. &: eC. 1-10-86; PTD 1-1981, r. &: eC. u- 24-81; PID 1-l.989(Temp), r. &: cen. er. 12-~; Pl'D 1- 1990, r. &: eert. er. 6-31-90; Renumbered from '132-06-015(2- 6) (ED. NOTE: The text ofTemporaIY Rules is not printed in the Oregon AdmiJdst;rative Rules Compnatioo. Copies may be obtained from the adopting egency or the Sec:retazY of State.] APplications Procedures for the STF Formula program '132-10-015 For those moneys allocated by formula, administrative allotment and minimum allocations, the goveminf! body shall submit a complete application on forms supplied by the Public Transit Division. The application shall include the fonowing infonnation: (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 ~rtation' (b) Providers of elderly and aisabled 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 witli these rules and advised the governing body prior to the '_.,~'......- ~.... '^ EXHIBIT B StaL Aut.h.: ORS Ch. 323. 391 &: 816 Hist.: PTD 1-1986, r. &: eC. 1-10-86; Pl'D 1-1981, r. &: eC. u- 24-81; PTD 1-1989('lemp), f. &: cert. eC. J.2-29-89; Pl'D 1- 1990, f. &: oert. er. 6-31-90; Renumbered from 'l32-Os.o20 (ED. NOTE: The ten of'le~ Rules is oat printed in the Oregon AdJDiniatrative Rules Coailpilatioil. Coplet may be obtained from the adopting egency or the SecretuY of Sta.te.l - Application Review 732-1().()20 (1) 'file Public Transit Division sball review applications to determine if program requirements have been met. If not.. ~~ Division may ask for further information or cw.riucation or may disa~pr_ove the application and advise the governin~ body of the ETounds for disapproval. (2) Grounds for disapproval may mclude, but are not limited to, the foUowin&: (a) No adVIsory commIttee or improper membership; (b) Advisory committee failure to meet and confer; , (c) Governing body failure to confer with the (March,1991) EXHIBIT . ---?REGON ADMINISTRATIVE RUl. CHAP'l. ,a2. ntvISION 10 - PUBLIC TRAl\bIVISION tSory committee' . (d) For. formu\a applications by districts, dlspro{>orbonate allocation inside and outside district boundari~s' (e).The use of STF moneys to supplant the goveml~ body's local appropriation currently Used to p!ovide elderly and disabled transportation servIces; (0 Failure to comply with required assUrances; and (e) Funds are not being used in accordance with OAR 732-05-000 to 732-10-045. Stat. Auth.: ORS Ch. 323 391 &. 816 Hist.: Pl'D 1-1986, f. &. ere 1-10-86; pm 1-1987, t &. ef. 11- 24-87; Pl'D 1-1989(Temp), f. &. Ciert. et 12-29-89; pm 1- 1990, f. &. rert. et 6-31-90; Renumbered from 732-05~30 ~. NOTE: The text of Temporary Rules ill not printe<l in the ?regon Administrative Rules Compilation. Copies may be obtained from the adopting agency or the Secretary of State.] Service Review 732-10-025 (1) The Division shall review the ll~o{>~sed list of services in each application. The DIVISIon shall consider material submitted in the application, information furnished by providers and other information it may receive as the basi~ for funding approval (2) Grounds for disapproval of funding for servIce shall include, but is not limited to, a finding by the Division that: (a) A provider of service is in clear violation of state or local laws or regulations governing passenger transportation; (b) A provider of service is in clear violation of th~ laws or rules of this program or is improperly usmg program funds; (c) ~ provider of service is incapable of performmg or has not performed the service in a safe prudent and timely manner. {~) Reviews by the Division shall cover the prOVIder and type of service to be provided. .(4) Disappr<?ved services., pIanning, or capital projects can be Improved ana resubmitted through an amended list of services. (5). The governing body shall retain !lu~ho!1f:y over costs and allocations within its Jun~IctIon and may shift funds among approved prOVIders as necessary for the desired services. (a) Adding new providers requires Division approval' and (b) Changes in the distribution of funds among .al.r~~y approved providers does not require DIVISIon approval Stat. Auth.: ORS Ch. 323. 391 &. 816 Hist.:PID 1-1986, t& ef.l-10-86; pm 1-1987, t &.etl1- 24-81; Pl'D 1-1989(Temp),t & cert. et 12-29~ pm 1- 1990, f. &. cert. er. 6-31-00; Renumbered from '132-05-035 (ED. NOTE: The text of Temporary Rules is DOt printe<l in the ?regon Administrative Rules CompOation. Copies may be obtained from the adopting ~ncy or the Secretary of State.] Disbursement of Funds 782-10-080 Up~n approval of the application the Division shall disburse the funds. Stat. Auth.: ORS Ch. 323, 391 & 816 (March,1991) Hiat.: PTD 1-1986. r. &. er. 1-10-86; PTD 1-1987, f. & er. 11- 24-87; pm 1-1989('Thmp), r. &. cert. er. 12-29-89; PrD 1- 1990, r. &. cert. ere 6-31~; Renumbered from 732-05-040 (ED. NOTE: The text of"Thmporiry Rules is DOt printed in the Oregon Administrative Rules CoolpilaUon. COpieS may be obtained from the adopting ~ncy or the SecretaIy of State.) Distribution of STF F.oi-inUla and M1nifuum Allocation Moneys by the Govei.-nmj! Body 732-10:035 (1.) Distn"bution by districts:.. .. (a) Each district that receives STF moneys shall distribute those moneys to providers of transportation for the purpose of financing and improving transp<?~tion pro~s 9.Il:d.seryi~ for the elderly and dIsabled reSIdents t>f the dlstnct and the county(s) in which aU or a portion of the district is located; (b) The district is resp~oi\sible for funding providers both within its boUndaries and outside them in the surrounding county(s); (c) Services outside the district shall receive a proportionate amount of th~ STF based on the population outside the district: . (d) The proportion shall be based on the last federal decennial census_ (2) Distribution by counties: Each cotirtty that receives STF moneys shall distribute..those moneyS to providers of trans{>ortatioh for the purpose of financin~ and imprOVIng transportation pro~ams 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; detennine the amount of money lobe 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 ~ these reguJ.ations; . (c) Assure that providers included in the list of services continue to use the funds for the purposes permitted in these regulations; and (d) Distribute the funds on a regular basis to the providers included in the list of services submitted to the Public Transit Division. (4) STF moneys shall be received and disbursed from a separate governmental fund. (5) If any interest is earned by the governinE body.fr~m investments of STF moneys it shall remam 10 the local STF account and sh811 be used for the local STF pro~m. (6) The governing body shall enter into written agreements with transportation p~ovide~. Stat. Auth.: ORS Ch. 323, 391 & 816 Hist.: PTD 1-1986, r. &. er. 1-10-86; P1'D 1-1987, f. &. ef. 11- 24-81; pm 1-1989(Temp). f. &. cert. ef. 12-29-89; PTD 1- 1990, t &. celt. ef. 6-31-00; Renumbered from 732-05-045 (ED. NOTE: The text o{'Thmporary Rules is not printe<l in the Oregon Administrative Rules Compilation. Copies may be obtained from the adopting agency or the Seci'etary of State.] Use of Funds 732-10.()4() 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. - -, _tEGON ADMINISTItATIVE RlY.--l CHAP'l~' ~32, DIVISION 10 - PUBLIC TRAl.. .~.... .-IlVISION . EXHIB.lT B (1) The STF mone~ may be used as matching funds for other state and federal programs that also provide transportation service to the elderly and disabled. (2) The administrative allotment may be used for administrative expenses associated with the distribution of Sl'F mone~ by the governing body up to $2,000 annually. Sucn expenses' include establishing and staffing of the adVISOry committee.. distribution of Sl'F mone~, monitoring the use of STF moneys, and preparation of the application for funds. Stat. Autb.: ORS Ch. 323. 391'" 816 Rist.: pro 1-1986. r.. '" ef. 1-10.$; P1'D 1-1981, f. &. ef. 11- 2<(-87; Pl'D 1-1989('Thmp). f_ &. cert. ef. 12-29-89; prD 1- 1990, f. '" cert. ef. 6-31-90; Renumbered from 132-05-060(1- 2) '""_"'~H""'~''''.e. (ED. NOTE: The text of'lemporary Rules is not printed in the Oregon Administrative Rules CompUation. Copies may be obtained. from the adopting agency or the Secretaty of State..l Redistribution ofPro~ Funds '182-10-045 For formula moneys, the Public Transit Division shall redistribute funas that have not been requested after three years to participating governing bodies. Stat. Auth.: ORS Ch. 323.391 &. 816 milt.: PTD 1-1986, (, &; ef. 1-10~; pro 1-1987, r. '" ef. 11- 24-81; PTD 1-1989(Temp). f. Ie. cert. ef. 12-29-89; PrD 1- 1990, f. Ie. cert. er. 6-31-90; Renumbered from 132-0~55 (ED. NOTE: The text o('lemporary Rules is not printed in the Oregon Adminiatrative Rules CompUation. Copies may be obtained from the adopting agency'a#the Secretary of State.] (March, 1991) ,) -) '. ...." 1 l.<~u>Se_J. , EXHIBITC STF APPLICATION FOR FySfhHA APR 23 2 16 PM '96 SECTION A: APPLICANT R-. It"" ('t IE.' fi " I C' -[", e;. !~'I. . ti~ . 'L:-~. ~: '\ "'= ,~ :..c... V '\1 t....." 1. Legal name of your organization: Citv of Woodburn address: 270 Montgomerv St.. Woodburn OR 97071 phone: (503) 982-5245 ~~ Signature 2. Name and title of preparer: Randall Rohman Preparer's Name Public Works Proaram Manaaer Title 3. Is your organization... Public X Profit Private Non-profit _X_ 4. Your organization is based in... the Urban Growth Area (UGA) Marion County, outside the UGA _X_ Polk County, outside the UGA _ 5. You are proposing to provide service in... the Urban Growth Area (UGA) Marion County, outside the UGA _X_ Polk County, outside the UGA ****DEADLlNE FOR SUBMISSION OF PROPOSALS**** Friday, March 29, 1996, 5:00 P.M. Local Time 1 ..-...."""'-- -, ( ...._CTION B: SUMMARY 1 . This application is for... Operating funds only --X- CapitaJ funds only _ Planning or Demonstration funds _ 2. Amount of STF funds you are applying'for ... (a) Operating Funds $ 15.652 (b) Capital Funds $ (c) Planning/Demonstration F:unds $ , ,," 3. How many individual persons will your STF transportation program be available to? 5,295 (If you are an agency. how many of your clients will be eligible to use the serv~ce during FY 1996-97 -- if you are a public provider, how many qualified elderly and/or handicapped people will be eliaible to use the service proposed?) 4. Estimated number of unduplicated clients 540 (This figure is simply the total estimated number of individual persons who you expect to ride on your transportation program over the 1996-97 fiscal year. I 5. Annual number of person-trips your program is estimated to carry in FY 1996-97 8,500 (A person-trip is a one-way ride by an individual from an origin to a destination. A round trip counts as two person trips.) How did you calculate this estimate? For the first 8 months of the current year 3,119 van trips and 1,332 volunteer driver trips were provided. Projecting van trips for a year and adding a day of service gave a total of 6,250 and volunteer driver trips gave a total of 2,000. A three percent increase then applied to the total. 6. Total cost per trip $ 8.66 (Divide -TOTAL PROGRAM EXPENSES- amount on page 9 by the number of trips entered in number 5 above.1 If your cost/trip seems unusually high or low, what factors influence that figure: 2 "~-.- .. SL.~ nON C: SERVICE INFORMATION 1 . Is the proposed service ... new service, previously not provided in your area_ ... continuation of existing service ---X. ... improvement/expansion of existing service ~ ... reinstatement of previously-provided service '.,'" 2. If the propos.ed service is a continuation of existing se!vice, why are STF funds needed for this continuation (check any that apply)... ... STF funds were used last year ---X. ... other revenues have decreased or been discontinued ... transportation revenues are being shifted to other areas of our overall agency program_ ... Other (explain) ---X. To assist the city to provide complementary paratransit service as required by the Americans with Disabilities Act (ADA). 3. Are there other transportation providers in your area who could provide any or all of the services you are proposing? If yes, why are they not currently providing the service? Yes, Silverton Hospital does provide some service to those utilizing their clinic in Woodburn or Silverton Hospital. Dial-A-Ride also provides services to these facilities. Wheels provides service to residents of the city to areas outside the city for non medical trips. There are no providers equipped to provide the range of service that Dial-A-Ride currently does for city residents. 4. Have you coordinated your transportation services with any other agencies? If yes, how? If no, why not? Yes, by periodic contact with local social services agencies, senior citizens groups and disabled advocates. Through attendance of conferences, attendance at social services meetings, and contact with other transportation providers. 3 -. To. . .CTION C: SERVICE INFORMATION CONTINUED 5. Program Description: In the area below (not on a separate attachment), please provide information about the services you propose to operate with STF funding. a. Days and hours of operation: On Monday, Tuesday, Thursday, and Friday from 9 am to 5 pm (the fourth day of van service on Monday will be added on July 1, 1996); Volunteer drivers provide rides all week as required. b. Geographic Area Served: (List all cities or towns) Within the city limits of Woodburn, Oregon '..:> c. Do you provide transportation services outside Marion County or Polk County? If yes, how do you fund those trips? No d. Types of clientele and trip purposes: (check all that apply) ---1L Elderly ---1L Frail Elderly ---1L Vision impaired ---1L Hearing impaired ---1L General mobility impaired ---1L Developmental Disability ---1L Brain or spinal injured General Public - Other (explain) anvone who meets ADA definition of disabled ---1L Recreation ---1L Mealsite ---1L Education/Training Vocational ---1L Medical ---1L Shopping ---1L Other (explain) non medical aooointments/misc If you provide transportation services to the general public. how do you fund those trips? e. Availability (Check 1): -2L Services will be available to all elderly and handicapped persons in service area. Service will be available only to the following population: "or-- . 4 S... . ION C: SERVICE INFORMATION CONTINUED 6. Please provide a written description of your proposed service: Woodburn Dial-A-Ride provides two services to an estimated 5,295 elderly and disabled residents of the City of Woodburn. The first service is a lift-equipped van which operates on Tuesday, Thursday and Friday from 9:00 am. to 5:00 pm to provide transportation for shopping, medical appointments, or miscellaneous needs within the City of Woodburn. A fourth day of van service will be added on Mondays starting on July 1, 1996. There is a $2.00 round trip charge for this service. The city is required to provide this service in order to comply with provisions of the Americans with Disabilities Act. , ..:> The second service is a coordination program where elderly and disabled residents are provided transportation to medical appointments. The rides are provided by volunteers, all are senior citizens from the City's Retired Senior Volunteer Program, who utilize their personal vehicle and are reimbursed for mileage. Transportation is provided to medical appointments from Salem to Portland and also locally.. Recipients of the transportation service are asked for donations. 7. How will you market/advertise your service to ensure that all eligible persons are fully informed of its availability. Information on the service is provided through a variety of sources. These include the local newspaper, senior estates newsletter, and local cable television system. Local health care providers and government agencies dealing with the target service population are made aware of th~ service. Contact is also maintained with groups that are composed of or advocate for the target audience. The local "Welcome Wagon" provider distributes information on the program. There is also a great deal of "word of mouth" referrals. 8. How many years has your organization provided special transportation services for elderly and/or handicapped persons? 24 vears 9. If you do not receive any STF funding, or only a portion of your requested amount, what options are available to .you to operate your program7 How would you propose to provide the service you wish to offer in FY 96-977 If no STF funding was received the volunteer driver medical appointment service would require some restrictions and, as a minimum, the hard fought for fourth day of van service may have to be eliminated. If only a portion of STF funding was received the scope of service would require reductions proportional to the amount of the reduction. 5 .,...- ....-..--. .... ~~TION D: PROVIDER BACKGROUND INFORMATION 1. Give us a brief overview of: a. Your organization City of Woodburn Transportation Services consists of two parts, the Woodburn Transit System, a fixed route public transportation program, and Dial-A-Ride, a demand/response transportation program for elderly and disabled residents of the community. Special Transportation Fund (STF) support is requested for Dial:A- Ride. b. Your organizational goals '..~ The current goals for Dial-A-Ride, as approved by the City Council, are as follows: 1) to coordinate existing demand/response transportation service with projected requirements in the urban growth area to provide safe, reliable, and efficient means to sati::;fy the future medical and shopping transportation needs of the elderly and disabled. 2) to provide demand/response transportation to elderly and disabled residents for medical and shopping related activity trips within the urban growth area. 3) to provide demand/response transportation through the use of volunteer drivers to elderly and disabled residents for medically required visits to facilities located outside the urban growth area. c. Primary function of your organization The primary and only function of Dial-A-Ride is to provide transportation to the elderly and disabled for medical appointments, shopping and other needs. d. Way in which the transportation services you are proposing to provide fit into the function and goals of your organization. The operation of Dial-A-Ride is inexorably dedicated to fulfilling, within the limits of available resources, the goals and function stated above. The service is not meeting all of the transportation needs of the City's elderly and disabled but is providing services that satisfy as much of the need as possible. Access to essential life functions, such as medical care and food shopping, are being met for many individuals that might not be if this service was not available. 2. Vehicle Roster: Provide the following information for all vehicles presently available to you for operating the special transportation services being proposed. (Attach a page if more space is needed) Make Model Type of of of Seating Lift Year Vehicle Vehicle Vehicle Caoacitv Eouiooed? Mileage Condition J!L Collins Civitran van 10 ves 43,100 Good 84 Ford L TO car 4 no 116.200 Poor 6 T ,..,.....---"'"...-......,--....... ."..- S.......,flON D: PROVIDER BACKGROUND INFORMATION CONTINUED 3. Vehicle Maintenance a. How are the service and maintenance needs of your vehicles determined? Who makes the determination? The city maintenance technician maintains a regular service schedule based upon factory recommendat!on on the vehicle as well as performing repairs as needed. Program Manager coordinates service requirements. b. Who performs maintenance on your vehicles? The city service technician or a commercial shop depending on type of maint~.ijance service or repair required for the vehicle. c. If you have lift-equipped vehicles, who does the maintenance on the lifts? The city service technician or a commercial shop depending upon type of maintenance service or repair required for the vehicle. d. Are the lifts routinely inspected? (List time period: daily, weekly, monthly, quarterly, etc.) The driver inspects the vehicle lift each operating day. e. Are your maintenance personnel trained to service your vehicles? lL Yes And the lifts on your vehicles? --X.. Yes _ No No f. In the event of breakdown of a vehicle, what backup capability do you have to continue your transportation program until repairs are made? Service is continued utilizing other vehicles. The car is used and individuals in wheelchairs or who cannot utilize the car are not provided service. The city will be looking for a used lift equipped van to provide backup service. 4. Employee Training Are your drivers currently trained to operate your vehicles, meeting all applicable regulations and laws? -1L Yes _ No 5. Staff Roster: List the name and job title/function of each employee involved in special transpor~ation in your organization. (Attach a page if more space is needed) Name Job Title/Function Randall Rohman Brenda Williams Nancv Rumolick Julie Ward 15 to 20 Volunteers Public Works Program Manaqer - Directs overall operation Coordinator/Disoatcher/Clerk - Coord. oassenger require. Driver/ooerates van (0.5 FTE) Driver/ooerates van (0.1 FTE) Drivers/RSVP Volunteer Drivers 7 -r .. .CTION E: STF PROGRAM BUDGET Show your transportation program's total costs for each line item in the "Program Expenses" column. In the "STF Request" column, show the amount of expense which you are proposing to cover with this STF grant you are applying for (up to the full TOTAL PROGRAM EXPENSE amount for each line item). The amount of your STF request will be the'TOT AL PROGRAM EXPENSES shown on the bottom of page 9 minus the TOTAL PROGRAM REVENUES shown on page 10 will constitute the amount of your STF request. Your application will be evaluated, in part, on your line item budget, so please be as accurate as possible in. its construction. PART I. FOR OPERATING. PLANNING. OR DEMONSTRATION GRANTS ONLY , "," ****PROGRAM EXPENSES**** LINE ITEM PROGRAM EXPENSES 1. EXECUTIVE DIRECTOR 0 2. FISCAL OFFICER 0 3. ADMINISTRATIVE ASSISTANT 0 4. PROGRAM MANAGER 2,745 5. SECRET ARIALlCLERICAL 2,650 6. DISPATCH 3,150 7. DRIVERS 18,734 8. FRINGE/T AXES 3,135 9. MAINTENANCE EMPLOYEES 0 10. OFFICE VOLUNTEERS 0 11. VOLUNTEER DRIVERS 10,000 12. IN-KIND SERVICE (SPECIFY) 0 13. OTHER (SPECIFY) 0 TOTAL PERSONAL SERVICES $ 40,414 8 -.. T'. STF EXPENSES o o o 600 600 600 6,052 600 o o o $ 8,452 -Sf,':": --'ON E: STF PROGRAM BUDGET PAn r II. FOR CAPITAL GRANTS ONLY * * * * CAPITAL EXPENSES * * * * Caoital Item Prooosed Cost 1. 2. '.>~ 3. TOTAL STF CAPITAL EXPENSES $ ****PROGRAM REVENUES**** 1. FARES 2. DONATIONS 3. GRANTS, BEQUEATHMENTS 4. FUND RAISERS 5. GENERAL FUNDS 6. FEES 7. MATCH FUNDS 8. OTHER TOTAL PROGRAM REVENUES $ ****STF CAPITAL APPLICATION AMOUNT**** TOTAL STF CAPITAL REQUEST $ (Total Capital Expenses minus Program Revenues) (Enter on Page 2, Section B, Line 2b) 11 T" " T ..... '..'" SFC--~ON E: PROGRAM BUDGET CONTINUED P I. ***PROGRAM EXPENSES CONTINUED*** LINE ITEM PROGRAM EXPENSES STF EXPENSES MATERIALS AND SERVICES 1. CONTRACTED SERVICES (SPECIFY) 0 0 0 0 0 0 4,000 500 250 '..' 0 12,500 4,000 400 100 300 0 0 0 500 100 100 0 600 200 0 0 0 0 3,449 1,000 5,250 1,000 0 0 0 0 2. AUDIT SERVICES 3. PROFESSIONAUADMIN SERVICE 4. VEHICLE MAINTENANCE 5. PRINTING 6. MILEAGE/PARKING REIMBURSEMENT 7. MEETINGS/CONFERENCES 8. ADVERTISING 9. RENT 10. OFFICE SUPPLIES 11. POSTAGE 12. TELEPHONE 13. LICENSES/FEES 14. EQUIPMENT LEASE 15. INSURANCE/BOND 16. GAS & OIL 17. FACILITY MAINTENANCE 18. TAXES 19. IN-KIND SERVICES (SPECIFY) 2.9.17. & 21 20. PROFESSIONAL DEVELOPMENT 21. UTILITIES 22. OTHER: MATERIALS AND SERVICES (DESCRIBE) FTA Drug Test, Tires, Uniforms, comm. equip repair, newspaper publication, misc 3,200 o o o o TOTAL MATERIALS & SERVICES 2,677 o 33,226 300 o 7,200 $ TOTAL EXPENSES (Personal Services plus Materials and Services) 15,652 $ 73,640 9 'r "..~,"..,".~-~""........._._"~..;_.._"""' ~ SECTION E: PROGRAM BUDGET CONTINUED t MRT I. ***PROGRAM REVENUES*** ITEM PROGRAM REVENUES 1. FARES 4,500 2. DONATIONS 4,700 3. GRANTS, BEQUEATHMENT 750 4. FUND RAISERS '..'" 5. GENERAL FUNDS 29,488 6. FEES 7. MATCH FUNDS 8. 0053 9. TITLE XIX 10. VALUE OF VOLUNTEERS 10,000 11. VALUE OF IN-KIND 3,200 12. OTHER (SPECIFY) Cash, Carryover. interest, 5,350 miscellaneous TOTAL PROGRAM REVENUES $ 57,988 *** STF OPERATING APPLICATION AMOUNT*** AMOUNT OF STF FUNDS YOU ARE APPLYING FOR ~ (TOTAL STF EXPENSES FROM THE BOX ON THE BOTTOM OF PAGE 9) (Enter on Page 2, Section B, Line 2a or 2c) 10 ~"- "f"-'-' ---,-'" ,-,-, , ,_._,-" , .... $ 15,65211 EXHIBIT D PROGRAM BUDGET CONTRACT #: STF-8 AGENCY NAME: CITY OF WOODBURN PROGRAM EXPENSES Expenses and Program Income are to be expressed in WHOLE DOLLARS. Report expenses after proqram income, if any, has been deducted (net expenses). (Amounts shown in Revised Budget should reflect only Program Expenses to be funded by this STF contract. Total budget figure for Program Expenses must equal the amount shown on "Total Contract" line on page 2.) ACCOUNT PROPOSED REVISED DESCRIPTION NUMBER BUDGET BUDGET ##PERSONAL SERVICES## PROGRAM MANAGER 300-8014- 319-1 08 600 600 SECY/CLERICAL 300-8015-319-108 600 600 DISPATCH/COORDINATOR 300-8016- 319-108 600 600 DRIVERS 300-8017-319-108 6,052 6,052 FRINGE/TAXES 300-8019-319-108 600 600 --------------- ------------- SUBTOTAL PERSONAL SERVICES 8,452 8,452 --------------- ------------- Page 1 of 3 Pages ~" " ----"1"->----.. ".. EXHIBIT D PROGRAM BUDGET (CONTINUED) DESCRIPTION ##MATERIALS & SERVICES## OTHER - FTA Drug Test, Tires, Uniforms, Comm. Equip Repair, Newspaper publication, & misc. VEHICLE MAINTENANCE MILEAGE/PARKING REIMBURSEMENT MEETINGS/CONFERENCES OFFICE SUPPLIES TELEPHONE INSURANCE/BOND GAS & OIL SUBTOTAL - MATERIALS & SERVICES TOTAL CONTRACT ACCOUNT NUMBER 300-8020-319-108 300-8042-319-108 300-8044-319-108 300-8046-319-108 300-8049-319-108 300-8053-319-108 300-8056-319-108 300-8057-319-108 ..~"_~ __'--'_'",.._~ .~_~,."'.-.k_,_,,,,__,_, '_'''~~H~''"'' 'W~""__""~'_~""_"~'_ ,-~~",.",",,,,,-,"~"-""-"'-'--"" PROPOSED BUDGET 300 500 4,000 100 100 200 1,000 1,000 7,200 15,652 STF-8 REVISED BUDGET 300 500 4,000 100 100 200 1,000 1,000 7,200 15,652 Page 2 of 3 Pages EXHIBIT D PROGRAM BUDGET (CONTINUED) STF-8 INFORMATION ONLY - PROGRAM INCOME List any revenues that will be used to support STF program expenses (DO NOT INCLUDE reimbursements from Salem Area Transit under this contract. ) PROPOSED REVISED TOTAL TOTAL PROGRAM PROGRAM TYPE OF PROGRAM INCOME REVENUE REVENUE l. FARES 4,500 4,500 2. DONATIONS 4,700 4,700 3 . GRANTS, BEQUEATHMENTS 750 750 4. FUND RAISERS 5. GENERAL FUNDS 29,488 29,488 6. FEES 7. MATCH FUNDS 8 . DD53 9 . TITLE XIX 10. VALUE OF VOLUNTEERS 10,000 10,000 1l. VALUE OF IN-KIND 3,200 3,200 10. OTHER (IDENTIFY) : Cash, carryover, interest, miscellaneous 5,350 5,350 CONTRACT\96\PROGBUD.ALL Page 3 of 3 Pages "~'__~" ._.,".'.,....4....._'."..~_.,........-..-"'._ ".~...~"......~~_".,_...."......__"..,_,,__u~~__~~,."'----~."'-