Res 1320 - STF-8 Agrmt 95-96
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COUNCIL BILL NO. 1665
RESOLUTION NO. 1320
A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE SALEM AREA TRANSIT
DISTRICT KNOWN AS THE II STF-8 AGREEMENT", FOR FY 1995-96 AND
AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT.
WHEREAS, the City of Woodburn applied for Special Transportation funds for
Fiscal year 1995-96 as approved for under Oregon Statute, and
WHEREAS, the City of Woodburn has been awarded $15,600 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 "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.
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the office of the Recorder
ATTEST: jll~~
Mary Tenn nt, City Recorder
City of Woodburn, Oregon
Approved as to for~ ~ 7: /2 'f / ct S
City Attorney Dale I
APPROVED: ~~ 71' ~~
Nancy A. ~ rksey, Mayor
August 28, 1995
August 29, 1995
August 29, 1995
Auqust 29. 1995
Page 1 -
COUNCIL BILL NO. 1665
RESOLUTION NO. 1320
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SPECIAL TRANSPORTATION FUND AGREEMENT
FORMULA FUNDS
Salem Area Mass Transit District
Agreement No.:
Contractor:
Period Covered:
STF-8
CITY OF WOODBURN
July 1, 1995 through June 30, 1996
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I N D E X
FY 95-96 STF Agreement
SCOPE OF AGREEMENT. . . . . . .
TRANSPORTATION SERVICES. . . . . . . . . . .
PAYMENT . . . . . . . . . . . . . . . .
CONTRACTOR'S WARRANTIES . . . . . . . . . .
DISTRICT COVENANTS . . . . . . . . .
EQUIPMENT . . . . . . . . . . . . . . . . . . . . .
FISCAL ACCOUNTABILITY & RECORDS MAINTENANCE
PROGRAM INCOME . . . . . . . . . . .
AUDITS & EXAMINATIONS. . . . . . . . . . . . . .
INSURANCE . . . . . . . . .
INDEMNIFICATION . . . . . . . . . . . .
INDEPENDENT CONTRACTOR STATUS . . . . . . . . .
PERMITS & LICENSES . . . . . . . . . . .
SAFETY . . . . . . . .. . . . . . . . . . .
ASSIGNMENT . . ... . . . . . . . .
COMPLIANCE WITH LAWS ..........
TERMINATION . . .. .. . . . .
NOTICE .. ... . . . .
WAIVER . . . . . . . . . . . . . . . .
DISPUTE RESOLUTION .
SEVERABILITY . . . . . .
PRIOR AGREEMENTS . . . . . . . . .
GOVERNING LAW . . . . . . . . . . . . .
JURISDICTION . . . .
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ATTORNEY FEES
EXHIBITS ...
COUNTERPARTS .
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STF-8
Agreement #STF-8
SPECIAL TRANSPORTATION FUND
AGREEMENT
THIS AGREEMENT is entered into this 1st day of July, 1995, by
and between SALEM AREA MASS TRANSIT DISTRICT, q. '1' 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
part of the parties' participation in such fund, this
agreement will automatically cease and have no further force
STF Contract (For.mula)
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or effect. Now, therefore, IT IS HEREBY AGREED between the
parties as follows:
1. SCOPE OF AGREEMENT.
1.1 The Contractor will 'provide special transportation
services in a manner such that the District will at all
times be in full compliance with ORS 391.800-391.830 and
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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 liB").
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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
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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
$15,600 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, 1995, 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.
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3.1. 3
Any funds provided pursuant to this agreement
may not be used to reimburse Contractor for
transportation
services
provided
to
the
general public. Contractor will also not be
paid
for unauthorized services,
claimed
services which have inadequate proof of
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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 previously 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 $15,600 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 ORB 391.810, or to the extent funds are
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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
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currently under agreement with District.
3.4 Prohibited Expenditures. Ex~ept as is expressly provided
in this agreement, the District is not responsible for
providing operating capital required to commence or
continue the transportation services agreed to be
performed by Contractor. Contractor is entitled to
reimbursements for all
costs,
both directly and
indirectly incurred in connection with providing the
services as budgeted in the attached Exhibit "D" but,
except as is expressly provided in this agreement,
Contractor shall not be entitled to reimbursement of the
following costs or expenses:
3.4.1
Interest or other finance charges assessed
Contractor on borrowings
(however repre-
sented), 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, and related costs;
3.4.3
Costs of amusements, social activities, and
incidental costs relating thereto, such as
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3.4.4
3.4.5
3.4.6
3.4.7
3.4.8
3.4.9
meals,
beverages,
lodgings,
rentals,
transportation, and gratuities;
Salaries and other expenses of the State
Legislature 'or similar local governmental
bodies such as county supervisors,
city
councils,
boards,
whether
school
etc. ,
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incurred for the purposes of legIslation or
executive direction;
Costs resulting from violations of, or failure
to comply with, federal, state 'and local laws
and regulations;
Depreciation of any equipment, machinery,
tools, furniture or other property utilized by
Contractor in the performance of obligations
imposed by this agreement; and
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.
Contributions or donations of any other nature
to individuals, organizations or agencies.
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.
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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
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power
and
authority to own and operate the assets
required to fully perform and supply the
transportation services described by the
attached Exhibit "C".
4.1.2
Contractor will,
to the maximum extent
feasible, coordinate the provision of services
with other transportation providers in their
area,
and will
utilize other available
transportation resources as practicable to
minimize STF expenses.
4.1. 3
Except as is otherwise expressly disclosed
herein, Contractor has paid or will pay full
withholding, social security, unemployment
insurance, and workers' compensation taxes to
the state and federal government as may be
required
as
a
result
of
Contractor's
ownership and operation of its business
activities.
4.1.4
There are presently no judgments, claims,
actions,
liens
or
other
proceedings
outstanding against or pending against the
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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
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reimbursement thereof from Contractor, or
credit
such payments
against
the
next
succeeding payment due from District to
Contractor.
Should District
consider
it
necessary to pay any creditor of Contractor,
District shall first give Contractor notice in
writing of the District's intention to do so,
which notice shall identify the creditor and
specify the amount to be paid. Contractor
shall have ten (10) days thereafter to satisfy
the creditor's claim and furnish to District
proof of such satisfaction. If Contractor
fails to satisfy the claim, District may make
such payment and Contractor shall reimburse
District within ten (10) days after written
demand from District, provided, however, that
Contractor may withhold payment of a claim in
connection with a good faith dispute over the
obligation to pay, so long as District's
interests are not jeopardized. Proof of any
payments made by Contractor shall be furnished
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to District in the form of a receipt from the
Creditor involved or a canceled check.
4.1. 6
Contractor assumes all liability for funds
received pursuant to this agreement, and shall
further assume responsibility for repayment to
the District of any expenditures not expressly
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authorized by this agreement or tne 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 accordance with the
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policies previously or hereafter specifically adopted by
the District's Board of Directors.
6 . EQUIPMENT .
6.1 Contractor is responsible for the purchase, repair and
replacement
of
all
equipment
required
for
the
performance of services under this agreement. No
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purchase of operating equipment or furniture will be
reimbursed unless specifically authorized in writing by
the District, and unless such expenditure is further
included and expressly identified in the approved budget
as evidenced by Exhibit "D. II In those instances where the
purchase of operating equipment has been ratified and
approved in the manner set forth in the preceding
sentence, Contractor agrees as follows:
6.1.1
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 (S) 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
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equal to the fair market value of said
equipment, not later than ninety (90) days
following the date of Contractor's cessation
of elderly and disabled special transportation
services. If, at the time of purchase, funds
other than STF program administered funds were
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used in the purchase of said equipment, then
Contractor shall only be required to refund
that portion of sale proceeds, or fair market
value, which represents STF participation in
the purchase of Contractor's equipment.
6.1.3
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
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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
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agreement shall be supported by properly executed
payrolls, time records, invoices, contracts, vouchers or
other official documentation evidencing in detail the
nature and propriety of all transactions or expenditures.
Contractor agrees to provide the District, as part of
Contractor's monthly billing statement, or at such other
times as may be requested by District, monthly financial
information detailing the Contractor's receipt and use of
monies received pursuant to this agreement. On or before
the 30th day following the termination of this agreement,
Contractor shall identify and report to the District the
prior expenditure of program monies during the agreement
period. Upon the termination of the STF program,
Contractor further agrees to cooperate with all
procedures implemented by the District to identify and
account for all monies received or disbursed, and to
itemize any outstanding liabilities, if any, which may
exist upon the close of the program.
7 .2 Records Maintenance. In addition to the information to be
maintained by Contractor for billing purposes, Contractor
shall
further maintain and preserve such records and
reports as may be required by the District to assure
STF Contract (For.mula)
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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.
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At any time during
normal business hours, all records, including, but not
limited to, all books of the Contractor's business, and
its records, contracts and files, including client,
program and financial records pertaining to this
agreement, shall be available and accessible to the
District, the Secretary of State's Office of the State of
Oregon, the Public Transit Division of the Oregon
Department of Transportation, or their duly authorized
representatives, for the purpose of audit or examination.
7.4 Records Retention.
The Contractor shall retain all
documents pertaining to this agreement (fiscal, program
and administrative) for a minimum period of three (3)
years following the termination of this agreement. If,
during such three year period, litigation is commenced
for the purpose of enforcing the obligations arising out
of this agreement or the administration of the STF
program, Contractor agrees to retain all documents until
the final completion of such litigation. Contractor
further agrees to retain all documents until the final
completion of
any auditor examination of
its
activities. The documents to be retained by Contractor
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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
'..'1'
of such documents, related to the services provided by
Contractor under this agreement.
8 . PROGRAM INCOME.
8.1 Donations.
The District encourages the Contractor to
seek voluntary donations, or to seek other payment from
the recipients of transportation services to be applied
toward the costs of transportation services. Any funds
recei ved from or in behalf of transportation service
recipients are considered program income and shall be
utilized by Contractor to offset the cost of providing
services pursuant to this agreement. Contractor shall
undertake whatever steps are necessary to insure the
protection of the privacy of each person with respect to
his or her contribution. While Contractor is encouraged
to seek contributions to be applied toward the cost of
administering this transportation program, Contractor
acknowledges and warrants that no qualified individual
will be denied transportation services merely because the
individual is unable or unwilling to make a voluntary
donation. Contractor agrees to report any receipt or
expenditure of program income on a first in, first out
basis, and all expenditures received by Contractor as
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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
''t
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 auditor
examination of Contractor's activities:
9.1.1
9.1.2
9.1.3
The audit/review report should contain a
statement of all receipts and disbursements
and such report shall further identify all
relevant funding sources, including program
income, and identify all other documents,
books or records which support the final
fiscal report.
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.
One (1) copy of the published audit/review
report or Letter of Assurance from the
Contractor's auditor shall be submitted to the
District not later than one hundred eighty
(180) days following the end of Contractor's
fiscal year.
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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.
10.1 Prior to commencement of any work pursuant to this
agreement, Contractor shall procure and maintain in full
force and effect during the performance of any services
hereunder:
10.1.1
Bodily injury liability insurance with
limits of $200,000 each person and
$500,000 each occurrence.
10.1.2
Property damage liability insurance with
minimum limits of $100,000 each claimant.
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10.1.3
10.1.4
10.1.5
10.1.6
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 a~d property
damage liability protection, Contractor
agrees to obtain comprehensive form
general liability insurance intended to
provide Contractor and District insurance
coverage for the maximum limits of
liability permitted by the Oregon Tort
Claims Act, ORS 30.260, et sea.
Assumed contractual liability insurance
for obligations assumed by Contractor
under Paragraph 11 of this agreement.
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
requires them to
ORB 656.017, which
provide
Workers'
Compensation coverage for all their
subject workers.
10.2 All contracts of insurance, with the exception of
Workers' Compensation coverage, procured by Contractor
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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
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
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Transportation, and their officers, agents, employees,
and members against all claims, demands and liability
whatsoever, inciuding 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"nistrict's
written request, defend (with legal counsel acceptable to
the District) any suit or action which alleges a claim
covered by this indemnity agreement. Contractor shall pay
any costs that may be incurred by the District in
enforcing this indemnity provision, including a
reasonable attorney's fee.
11.2 Notice of Claims.
The Contractor shall immediately
notify the District in writing of any action, suit or
proceeding filed against Contractor in any court or
before any regulatory or administrative body. Contractor
shall also give prompt notice of any claim made against
the Contractor by any federal, state or local agency,
subcontractor, vendor, client, or other party which may
result in litigation related in any way to this
agreement. Contractor shall also notify the District
immediately of its intent to file for protection under
the Federal Bankruptcy Act, or to make any filing under
the Federal Bankruptcy Act.
12. INDEPENDENT CONTRACTOR STATUS.
12.1 The parties acknowledge that Contractor is an independent
contractor and neither Contractor nor Contractor's
STF Contract (Formula)
19
STF-8
'9'~
" "...... .
employees shall in any way be deemed employees of the
District. Contractor shall have complete charge of the
performance of services, with full direction and control
of Contractor's employees and with responsibility for
their compensation, hiring and discharge. Contractor
shall be liable for the acts and omissions of
, ,.
Contractor's agents and employees. Contractor shall pay
all payroll taxes, workers compensation insurance,
unemployment insurance and other expenses connected with
Contractor's employees.
13. PERMITS & LICENSES.
13.1 Contractor shall obtain at its own expense all necessary
permits, licenses or other public authority required in
connection with the performance of services under this
agreement, and shall comply with all federal, state,
county and municipal laws,
ordinances,
rules and
regulations
pertaining
to
the
performance
of
transportation services.
14. SAFETY.
14.1 Contractor shall be responsible for the safety of all
services performed pursuant to this agreement, and shall
maintain all necessary protection and precautions for
that purpose, shall comply with all laws and regulations
affecting health and safety, and shall immediately remedy
any citation for violation of such laws and regulations,
and shall defend and hold the District harmless from any
penalty, fine or liability in connection therewith.
STF Contract (Formula)
20
STF-8
-
I 1
15 . ASSIGNMENT .
15.1 Contractor shall not assign, whether voluntarily or
involuntarily, or by operation of law, this agreement, or
any interest therein, or subcontract any portion of the
services without the prior written consent of the
District. If this provision of the agreement is violated,
the District, in addition to all other "~ights the
District lnay then have, may terminate this agreement
without advance notice, and in such event Contractor
shall have recovery only for services performed prior to
termination, waiving all other claims.
16 . COMPLIANCE WITH LAWS.
16.1 Contractor shall not discriminate against any employee or
applicant for employment because of race, color,
religion, sex, or national origin. Contractor shall take
affirmative action to insure that applicants are employed
and that employees are treated during employment, without
regard to their race, color, religion, sex, or national
origin.
16.2 Contractor shall comply with all of the provisions of ORS
391.800 through 391.830 and regulations adopted from time
to time thereunder and any other statutes, rules, orders
and policies relating to the Elderly and Disabled Special
Transportation Fund program.
16.3 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 seq.
STF Contract (Formula) 21
STF-8
17. TERMINATION.
17.1 This agreement shall be effective as of the date first
written above arid shall continue until June 30, 1996;
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 unexpenaed 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 so fails to pursue
the services as to endanger performance of this
agreement in accordance with its terms, and after
receipt of written notice from the District, fails
to correct such failures within ten (10) days or
such longer period as the District may authorize.
STF Contract (Formula)
22
STF-8
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 not 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 exb!usive 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.
19. WAIVER.
19.1 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
STF Contract (For.mu1a)
23
STF-8
T'
"-~"'T~.
. ."_._.,;...~.~.~.w.' j..4' ",_";"_,,,,,,,,,,~___,,,,,,,_~,~,,~''''''''''''.,,, ,"-4.....~__-l<_...>.__-.=....
r
pursuant to paragraph 17, or to pursue any other
available legal remedy.
21. SEVERABILITY.
21.1 If in any judicial proceeding a court shall refuse to
enforce any provision of this agreement, any
unenforceable provision shall be deemed eliminated from
this agreement for purposes of such proceed~bg 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.
25.1 In the event of suit or action to enforce the rights of
ei ther Contractor or District, the court may allow a
reasonable attorneys fee to the prevailing party of the
suit or action, or appeal therefrom.
STF Contract (Formula) 25 STF-8
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'Che 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 ~/'7-/~~;f w~
Signature /
Nancy Kirksey, Mayor -. .
Typed Name & Title
DISTRICT:
SALEM AREA MASS TRANSIT DISTRICT
By
Dennis Moore, General Manager Pro Tempore
ATTACHMENTS
EXHIBIT A - ORB 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\CONTRACfS\95\CONTRACf.PF
MRA.@/11195
STF Contract (For.mula)
26
STF-8
..-. -...... .
---
~;
EXHIBIT /
HIGHW A YS, ROADS, BRIDGES AND FERRIES
391.620
ELDERLY AND DISABLED
TRANSPORTATION
391.800 Elderly and Disabled Special
Transportation Fund. (1) 'There is elrtab-
lished in the State Treasury. separate and
distinct from the General Fund, the Elderly
and Disabled Special Transportation Fund.
All moneys in the Elderly and Disabled 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 payment to mass transit
distncts, 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 theJ'und under
ORS 323.455 (3);
(b) Other moneys appropriated to the
fund by the Legislative Assembly; and
(c) Moneys obtained from interest earn~d
on the investment of such moneys.
(3) Moneys in the Elderly and Disabled
Special Transportation Fund, with the ap.
proval of the State Treasurer, may be in-
vested as provided by ORS 293.701 to 293.776,
293.810 and 293_820, and the earnings from
such investments shall be credited to the EI.
derly and Disabled Special Transportation
Fund. (1985 c.816 19; 1987 c.62 11; 1989 <:.224 1661
39L810 Distribution of funds to dis-
tricts and counties. (1) The Public Transit
Division shall distribute three-quarters of the
moneys in the Elderly and DiSabled Special
Transportation Fund, induding the interest
attributable thereto, to mass transit districts
organized under ORS 267.010 to 267.390,
transportation districts organized under ORS
267.510 to 267.650 and to those counties in
which no part of a mass transit district or
transportation district is loeated as follows:
(a) Eaeh such district shall receive that
share of the moneys as the population of the
counties in which the district is situated,
determined under ORS 190.510 to 190.610 last
preceding such apportionment. bears to the
total population of the state. However, if
two or more districts are situated in a sing~e
county, distribution of moneys under this
lIUbsection .ba11 be detennined as - .tho~h
only the mass transit district is located In
that c:oun~ or, if there are two or more
transI>>Ortation districts in the county, as
thoug~ only the transportation district with
the highest population is located in that
county.
. (b) Each eounty in whieh no part of a
mass transit district or transportation dis.
trict is located .hall receive that .hare of the
moneys as its population. determined under
ORS 190.510 to 190.610 last preceding such
apportionment, bears to the total population
of the state.
(2) After the requirements of paragraphs
(a) and (b) of subsection (1) of this section
-"
EXHI...
MASS TRAN~PORTATION
391.3~
is established as an account in the Elderh'
and'Disabled Special Transportation Fund. -
(2) The moneys in the discretionaIj. 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 ~nd disa.
bled as described under ORS 391.830 (4).
However, only such of the moneys th~~ are
specifically directed by the Oregon Trans-
portation Commission under subsection (4.
of this section. to be distributed to a district
or count... as described in oM 391.810 (1,.
.shall be distributed to that district or county.
(3)(a) An..- district or county described in
(b) Each such district or county that re- ORS 391.810"(U may make application to the
cei'l."es a share of the moneys in propqrtion Public Transit Division for a distribution
to population under subsection (1) of this frQm 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 carr)"
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 county shall re- Public Transit Division shall cause the apo
ceive any money distributed to it frQm the plication to come to the attention of the
discretionary grant account established un- Oregon Transportation Commission. which
der 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 been met. if (c) The Oregon Transportation Corlunis-
any mone)'s remain in the Elderly and Disa- sion shall approve onI}- 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 moneys to a mass transit district, 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.B66 il01
391.820. 391.820 Advisory committees; mem-
(4) The Public Transit Division shall bership; duties. (1) The governing body 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 I1l9neys from the Elderly and Disabled Spe-
eubsection (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 c~-
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 mem-
thorized under ORS 391.830. (1985 c.816 110; 1989 hers of an advisory committee appointed un-
c.224 167; J989 c.866 i81 . der this section shall be determined by the
391.815 Discretio.nary ~nt account; . appointing governing body.
pUl})Osej application for ~nt; erant. ap- (2) To be qualified to serve on an advi-
provalj distribution of moneys. (1) After &Ory committee of a district or county, an
the requirements of ORS 391.810 have been individual must reside within the boundaries
satisfied, the remainder of the moneys in the of the district, the county within which a
Elderly and Disabled SpeciaJ 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 Jo-
discretionary grant account, which account cated and must be:
have been met, the remainder of the moneys
in the EJderly and Disa.bled Special Trans-
portation Fund .shall be: distributed. to the
districts and counties described in subsection
(1) of this s~ctionby the Public Tra~it Di-
vision as follows:
(a> Each such district' or cO\J,nty that re-- .
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 Co~-
mission b... rule, but not in excess of $2,000
annu31h-. -to be used to defrav the adminis-
trative -expenses of the district or county in
earn'ing out its fun~tions under ORS 391.800
to 391.830.
...-,
'\
EXHIBIT .
391.830
HIGHW A YS, ROADS, BRIDGES AND FERRIES
(a) A person who is an elderly or disabled
individual and uses transportation services in
the district or county;
(b) A person who is an elderly or disabled
individual and lives in an area of the district
or county where there are no public 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 app<;inted 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 an:,. changes to the
policies or practices of the governing body
relating to the distribution that the advisory
committee considers necessary or desirable.
11985 dIG 111; 1987 c.532 11; 1989 c..224 1681
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 Transit 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
district. shall be that share of all moneys re-
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 ORS
391.810 (1) or (2)(b), after providing for costs
of administration in an amount determined
under ORB 391.810 (2)(a) shall distribute
those moneys to providers of transportation
for the purpose of financing and improving
transportation programs and services for the
elderly and disabled residents of the county.
........
(2) The governing body of a district or
county, after consultation with the advisory
committee it appointed under ORS 391.820.
shall determine the amount of money to be
distributed to a provider of transportation
and the purposes for which the money must
.be used. Moneys received under ORB 391.810
(2)(c) shall be used for the p~ses 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 Januarr 1, 1986, from
any governmental unit or agJ'ncy for pur-
poses related to the transportation needs of
the elderly or disabled is eligible to receive
moneys from a district or county under this
section-
(4) . Moneys distributed to providers of
transportation under this section may be
used for the following purposes:
(a) Maintenance of existing 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.
vi ces.
(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 ORB 323.030,
323.086 to 323.091, 323.455, 391.810 and
391.815 shall not be used to supplant monels
currently appropriated by counties or dIS-
tricts for elderly and disabled transportation
projec". .
(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. tl985 c.816 112; 1989
c..224 169; 1989 c.866 1111
CHAPTERS 392 TO 395
[Reserved for expansion]
...""""'"'....
r-
'"REGON ADMINISTR,A'rIVE RULE.
PUBLIC TRANSlTDIVISION
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
General Information
'132-05-000
'132-05..005
'132-05-010
'132-05-016
. '132-05-021
'132-05-027
'132-05-031
'132-05-036
'132-05-041
'132-05-046
'132-05-051
'132-05-056
'.
T'
Purpose of Rule
Statutory Authority and Procedure
Definitions
~se of the Special Transportation
Fund
Administration of Funds by the
Public Transit Division
Elli!1"ble Recipients of STF Moneys
STF Local Advisory Committee
Requirements
Accounting Requirements of the STF
Pro~
CapItal Purchase Requirements
Auilit Requirements .
ReR?rtin,g Requirements
WIthholding of Funds from a
Governing BOdy
"...
EXHIBIT B
nIVJSJ;ON 10
THE SPECIAL TRANSPORTATION FUND
FORMULA PROGRAM
'132-10-005 ProI!ram PurPose
'132-1()"()10 ApplicatiODS1>>rocedures for the STF
Fonilula ~p1
'132-10-020 APplication .Review
'132-10-025 service ReVIew
'132-10-030 Disbursement of Funds
'132-10-035 Distribution of STF Formula and
Minimum Allocation Moneys by the
Governing Body
'132-10-040 Use of Funds '.1.
'132-10-045 Redistribution otProgram 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
'132-20-035
'132-20-040
'132-20-045
Puroose
Application Procedures for the STF
DIscretionary Program
Standards for Selection of the STF
Discretionaxy Grant
~R~lication Review .
STF Discretionary Grant EvaluatIon
Panel
Award of Funds
Use of Funds . M . .
Discretio~ Pro~ct omtonng
Redistn"bution of J.''unds
(March,1991)
-> ._..",.."._",.,,,,,""..~,,;'"=>'""-'"'~o._'_~__._"'''''' ....
T" ,...
. .' OREGON ADMINISTRATIVE RtJLF' .
CIIA.P'l:'h...-. 732, DIVISION 1- PUBLIC TRANSi_ DIVISION
DIVISION 1
PROCEDuRAL RULES
Model Rules Dr ~ure
'132-01-005 (1) The Attorney General's Model
Rules of Procedure under the Administrative
PI1>ced~s Act, effective OCtober 15...1989, dated
March 1990, are h~ adopted J>y reterenee as the
general administrative pr-ocedural rules of the
Ore~n Transportation Commissiori, Public Transit
DiVIsion of the Department of Transportation.
(2) This rule shall inipersede and replace the
~reviou!>ly . adopted 1988 e!iition of the Attol"!ley
General s Model Rules. PreVIously adopted SpecIal
T'
,-,uT"
EXHISIl
procedural rules of the affect~d agencies shall
remain in effect to the extent they are not
inconsistent with the Admi.i1..istrative Procedures
Act and other stabitOi"y authority and policy.
Stat. AUth..: oils Ch. l83
mat: Pl'D 2-1986, t Ie; ef:~; P1'P ,1.l988. r. &: celt. et
8-22.a8;PTJl2-l99O,r.&ciert.etB-1<i.oo .' ,
(ED. NOTE: The text of'lemporazy Rules is not printed in
the Oregon Admin1strattve Rule. COmpilation. Copies may be
obtained Cram the adopting agency or the Secretaty of State.]
(ED. NOTE: The full text of the Attomey General's Model
Rules of Procedure is available from the oalee of the Attorney
General or Public: Tranait Diviaion.]
'..:>'
(March, 1991)
-..... .......
T 1 ~"
--)REGON ADMINISTRATIVE RULE - -. !
CH.APTEk '132, DIVISION 5 - PUBLIC TRANSrJ. JJIVISION
DIVISION 5 transit district or a transportation district. .
(7) "Division" - The OreEon Department of
SPECIAL TRANSPORTATION FUND FOR Trans~rtation. Public Transit Division.
THE ELDERLY AND DISABLED (8) "ElderlY person" - Any individual 60years
of age or older. -
General Information (9) "Formula Allocation" - An amoWlt of STF
moneys made available to a ~verning ~ 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 an,. district or the governing body of a county
receiving~oney':s 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 fQI' ;providers receIving
moneys from the Special sportation Fund.
(12) "'Mass Transit District - A special district
organized Wlder ORS 267.010 to 267.390.
(13) "Minimum allocation" - A minimum
annual amoWlt 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
Pro~ "'Project. _ A service or ca"pital purchase
eligible for funding by the Formula Pro~ or the
Discretionary Grant ProgI:am which falls within
the purposes defined in OAR 732-05-000. A project
may include, but is not limited to, planning and
needs assessment, training, research,
demonstration} capital, and ov.erating requests.
(15) "ProVlder'" - Any CIty, coun~, aistrict, or
any other person or agency, whether public or
pnvate, that maintains, operates, or sponsors
vehicles and facilities for the transportation of
c~gers for profit or on'l1 nonprofit or voluntary
(16) "Public Transportation Services. - Any
form of mass transportation by bus, rail or other -
conveyance} either {>ublicly or privately owned,
which prOVIdes seJ"Vlce to the general pUblic not
including charter or sigl1.~ or exclusive school
bus} on a regular and contlDuing basis. Such
trans~rtation includes purposes such as health
care, shopping, education, emplOIJIlent, public
serviees.J~erson81 business or recreation.
(1'l) "'Representative of Disabled Persons- - An
individUal, designated by a governing body, who is
familiar, knowledgeable or aware of the
transportation needs of disabled persons. For
example, such an individual could be a.member of
an organization that provides assistance to or
representation of disabled individuals.
(18) ~presentative of Elderly Persons" - An
individual, d~ted by.a governing body, who is
familiar, knowledgeable or aware of the
transportation needs 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 Trans1>~rtation Fund for Elderly
and Disabled (SfFf - 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
financin~ and improving transportation programs
and serVlceS for tlie eldeny and disabled.
(20) "'Transportation District" - A special
Purpose of Rule
. '132-()5.()()() These rules establish the procedures
and ~rements of the Public Transit Division for
the administration of the Special Trans\lOrtation
Fund (SfF) for the Elderly and Disabled mcluding
732-10 and 732-20.
Stat. Auth.: ORS Ch. 323, 391. &: 816
Hiat: Pl'D 1-l986. f. &: eC. 1.10.86; Pl'D 1-1987, r. & eC. 11-
24-87; PI'D 1.1989('Thmp). f. &: ceft. ef. 12-29-89; Pl'D 1-
1990. r. &: cert. ef. 6-31-00
[ED. NOTE: The text oi'Thmporazy Rales is DOt printed in
the Oregon Administrative Rulell CompUation. Copies may be
obtained from the adopting agency or the Secretary 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. &: 816
Hiat: Pl'D 1-1986, r. & eC. 1-10.86; Pl'D 1-l987, r. & eC. 11-
24-87; Pl'D 1.1989('Thmp), f. &: cert. er. 12-29-89; PrD 1-
1990. r. &: cert.. er. 6-31-00
[ED. NOTE: The text of Temporazy Rales Is DOt printed in
the Oregon AdmiDistrative Rate. CompUation. Copies ma1 be
obtained from the adopting agency or the Secretary of State.]
Definitions
. 'l32-O5-O10 (1) .~dministrative al1obnent. - an
amount, disbursed annually, for administrative
expenses of a governing body in cal'l'ring out
fwictions descriDed under ORS 39L800 to 39L830.
(2) · Advisory Committee- - A committee
ap~inted 1?Y a govemi~ body to review}, advise,
and assist in the distribution of moneys trOm the
Soecia1 Trartation Fund. Members must be
efderly 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
,.transportation serVlee6.
. (3) "'Capital Purchase- - Equipment or vehicles
that have an acqui&ition cost of'~OOO or more.
(,) -nisabled ~rson- - Any individual who, bv
reason of .nIness, injury. advanced age, congemt&1
malfunction, or other permanent or temporal]'
inca)?acity or disability, may bave special
reQ...\?-lrements in usi~g public transp-ortation
facilities and services effectively. This inCludes any
person who uses a wheelchair or has
semiambulatory capabilities.
(5) <<Discretionary Account- - A Special
TransPQrtation l'\md account for distnoution of the
remainin$ cigarette tax receipts set aside following
distribution of the three~r per capita formuw.
allocation, minimum allocation and administrative
allotment.
(6) "District" - As used in these rules, a mass
T
.-.
EXHIBIT 8
'-""'''
(March,1991)
T'
--.oREGON ADMINISTRATIVE RULE.<;O,~
CHAPTJi :S2, DIVISION 6 - PUBLIC TRANSl lIVISION
..'
aistrict orK.anized under ORS 261.510 to 261.650. transportation services for the elderly and disabled
(21) "User of Transportation Services. - An as described under ORS39L830.
elderly or disabled petson who makes .use of
transportation 'progtams and ti~rviee!l fot the
elderly and disabled..
Stat. Auth.: ORB Ch. 323, !91. ic 816
Hi.st: Pm 1.01986, r. "'~. 1-10-00; Pm 1-1981, r. &: eC. 11- .
~-87; PTD 1-1989(Temp), f. &: cert. ef. i2-29-89; J:7I'D 1-
1990 r. &: oert. et 6-31-90
[ED. NOTE: The text of Temporary Rules is not printed in
the Oregon Administrative Ruleil Compilation., Copies may be
obtained from the adopting agency or the Sea-etaIy of state.]
732-05-016(1) [Renumbered to 132-05-020]
732-05-015(1)(a~) [Renumbered to 132-05-027]
732-05-015(2-5) Renumbered to 132-10-010]
Purpose of the Special Transportation Fund
732-05-016 Moneys distributed to providers of
transportation under OAR 132-10 and 132-20 may
be used for the foUowingp~ses:
(1) Maintenance of eXisting transportation
pro~ins and services for the elderly and Qisabled.
(2) Expansion of such programs and services;
(3) Creation of new progr&l!ls and services.
(4) Planning for" and devel~~nt of, access to
transportation for elderly and led individuals
who are not currently served by tt"ansportation
programs and services. .
Stat. Auth.: ORS Ch. 323, 391. Ii: 816
Hist: Pm 1-l986. r. &: eC. 1-10-86; Pl'D 1-1987, f. &: eC. 11-
~-87; PTD 1-1.989("Iemp), r. &: c:ert. eC. 12-29-89; Pm 1-
1990. r. &: cert. ef. 6-31-90; Renumbered from 732-05-
060(3Xa-d)
[ED. NOTE: The text ofTemporuy Rules Is DOt printed in
the Oregon Administrative Rules CompDation. Copies may be
obtained from the adopting ageocy or the Secretary of State.]
732-05-020 [Renumbered to 132-10-015]
Administration of Funds by the Public
Transit Division
'132-05-021 (1) Publie Transit Division shall
conduet the neeessar.r... aetivities to manage the
S~ ~rtation Fund.
(2)After payment of the state administrative
costs of the p~ the Public Transit Division
shall make aVailible mOI!~~ from the STF:
(a) 'J:'hree..fourths of STF mone~ shall be made
~vai1ahle. annually to ~min~ bOdies on the basis
of p~p'ulation diStribution. This will be known as
the STF Formula Allocation; and
(b) Of the ~Ainin~ one-fourth ofSTF monfD'S:
(A) An administrative al10bnent of $2,000 shall
be made available annually to each governjng body;
(B) A minimum allocation Shall be made
available annually as ~ supplement to the moneys
made available based on popUlation. This minimum
allocation, when combined with fonnula moneys,
will ~ual at least $15,000; and
(e) Any remaining moneys shall be set aside to
a Special Transportation Fund discretionary
account from whieh ~ts may be awarded by the
Oregon Transportation Commission. This is known
as the STF Discretionary Program. The ultimate
use of the STF diseretionary account shall be for
(March, 1991)
EXHIBIT
Stat. Auth.: ORsCb. 323. 391. &816
Hist: Pl'D 1-1986. r. &: eC. 1-10;-86;. Pm. 17~87. r. &: ~'11-
~-81: Pl'D 1-1.989(temP). f. &: crert. ef. 12-29-89; ~ 1-
1990, f. &: cert. et 6-31-90; Renumbered l'iom132-0~16(1)
(ED. NOTE: The text of'1emporuy Rules is DOt printed in
the Oregon Ac1miniatt&tive Rules CompDatioD.. Copies may be
obtained from the adopting egency 01' the 8ecreWy or State.]
List of Services .
732-05-025 [Pl'D 1-1986, f. & ef.l-10-86;
Pl'D 1-1981, f. & ef. 11-24-81;
Suspended by_ Pl'D 1-1989(Temp),
f. & ced. et: 12-29-89;
Repealed by PQl) 1-1990,
f. & red. ef. 5-31-90]
Eligible Recipients of STF Moneys
732-05-027 (1) STF moneys may be distributed
to the followinlr- .
(a) To districts where they. exist;
(b) To counties where no districts exist; and
(e) If two or more distriets 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 distriet with
higb,est population.
(2) Districts and counties receiving STF moneys
are known as governing bodies.
Stat. Auth.: ORS Ch. 391 &: 816
Rist.: PTD 1-l986, r. &: ef. 1-10-86; Pl'D 1-1987, r. &: ef. 11-
~-81; PTD 1-1989('Iemp), r. &: c:ert. ef. 1.2-29-89; PTD 1-
1990, f. &: cert. ef. 6-31-90; Renumbered. from 732-05-
016(1)(&<)
[ED. NOTE: The text of'1emporuy Rules is DOt printed in
the Oregon Administrative RuleS Compilation.. Copies may be
obtained from the adopting agetJ&Y or the Sec:retar,y of State.]
'132-05-030 [Renumbered to 132-i0-020]
STF LocalAdvisoIY Committee Requirements
'132-05-031 (1.) The governing J>odY- of each mass
transit district. transportation distri4, or county
that is eligible to receive STF moneys sliall appoint
an adviso~ committee to advise and assist the
governing}iody. . '
(2) To be qualified to serve on the. advisory
comtDlttee 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 represe~ts a service
that is ~ed in p,roviding transportation services
to the elderly or disabled within the district or
county. The provider representative may reside
outside the district or county;
(d) An elderly or disabled person who lives in
an area of the district or county where there are no
. public transportation services; ,
(e) A representative of elderly persons; or
(f) A representative of disabled ~rsons.
(3) Members and employees of the governing
body may not serve as voting members on the
1 .-"
'. .bREGON ADMINISTRATIVE RULl. ;
CHAPTER '132. DIVISION 5 -PUBLIC TRANSn'DIVISION
~
advisory_Committee.
(4) The p~se of the advisory ~mmittee is to
advise and asSIst the governing bo<Jy in carrying
out the p~ 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 advisol)' committee shall review the
propos~d distributIon of formula moneys by the .
governJ!!g body;
(c) The advisory committee shall review STF
discretionary grant proposals and make
recommendations to the governing body;
(d) The advisory committee may propose any
chal}ges to the proposed STF dIstribution it
conSIders ne~
(e) The advisory committee, in C8J'!'Ying 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 advisotj 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 BrR
(6) The number and terms of the members of
the adviso!,>, committee shall be determined by the
governiM Dody.
(7) The governing body shall no~ the Division
of adviso!'Y committee membershIP. including
changes in membership by filin~ a Roster of
Mvisoty Committee Members with Its application
for funds or by filing an amended Roster of
Advisory Committee Members.
(8) The governing body shall make copies of
adviso~ committee minutes and meeting notices
availalile to the Public Transit Division upon
request.
Stat.Auth.: ORS Ch. 323. 391."'816
Hist: Pl'D 1-1986. f. "ef. 1-10.a6; Pl'D 1-1987, r. &: ef. 11-
24-87: PTD 1-l989('Thmp), f. "cert. er. 12-29-89: PTD 1-
1986, (. &: e(. 1-10-86: Pl'D 1-1990, f. &: cert. e(. fHJl-90;
Renumbered from 732-06-065
[ED. NOTE: The text o( 'Iem.POraIY Rules is not printed in
the Oregon Adminiatrative Rules CompOamOo Copies may be
obtained from the adopting agency or the Secretary of State.]
732-05-035 [Renumbered to 732-10-025]
Accounting Requirements of the STF
Program
732-05-036 (1) The governing body shall receive
and disperse STF moneys from a separate
governmental fund.
(2) InfiPection of Records and Services:
(a) STF recipients shall pennit the Divisio~\ the
Secretary of State of the State of Oregon or weir
authorized representatives, upon reasonab\e notice,
to inspect all 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 reasonab\e notice,
EXHIBIT E
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 ,noverning !lody shall maintain all
records relating to capital pu1-chases for three years
after disposition of equipment.
Stat. Auth.: ORS Ch. 323, 391. "816
Hilt: Pl'D 1-l986, r." ef. 1-10-86: Pl'D 1-1987, t &: ef. 11-
24-81: Pl'D 1-1989('Iemp), r. " cert. ef. 12-29-89: Pl'D 1-
1990, r. &: oert. ef. 6-31-90; ~~mbered (rom 732-05-070'
[ED. NOTE: The text o(Tem.porary Rules i. not printed in
the Oregon Adminiatrative Rules CompnatioOo Copiell may be
obtained Crom the adopting agency or the Seaebuy of State.]
'132-05-040 [Renumbered to '132-10-030]
Capital Purchase Requirements
732-05-041 (1) Capital eriipment may be
purchased with BrF moneys. pment must be
used for the purpose of provi ing elderly and
disabled trans~rtation.'
(a) An'y vehicles purchased in whole or in part
with STF moneys shall be registered with the
Ore$on Department of Transportation Motor
VehIcles DiVIsion in the name of the governing body
or in the name of the organization receiving the
equipment .
(b) Iftlie vehicle is re~stered in the name of the
organization receiving the equipment. and that
organization is not the governing )lodf' the
governinJ: body wm be listed on the vehicle title as
security interest holder_
(2) When the ~pment is no longer needed for
elderly and disabled transportation. the net
proceeds from a sale or an amount ~q,u81 to that
value must be returned to the local STF. If other
funds were used in the .J!.urchaset then only' the
proportion representing STF partiCipation shall be
returned to tlie STF.
(3) The governing body shall notify the Division
of the sale of equipment purchased with STF
moneys and report the use of proceeds from such
sale.
Stat. Auth.: ORB Cb. 323. 391. &: 816
Hist: Pl'D 1-1986, r. &: eC. 1-10-86; Pl'D 1-198'1, r. &, eC. 11-
24-81; Pl'D 1-1989('lemp), C. " cert. eC. 1.2-29-89; PTD 1-
1990, t &: cert. et 6-31-90; Renumbered from 132-05-015
[ED. NOTE: The text o(Tem.POra17 Rules is not printed in
the Oregon Adminiatrative Rules Compilation. Cop~ may be
obtained from the adopting agency or the Sec:retaIy o( State.]
732-05-045 [Renumbered to '132-10-035]
Audit Req~~ments
732-05-046 (1) BrF moneys shall be specifically
addressed in the governing l>9dYs annual audit. If
requested by the Division, the district or counW
shall provide the Division with a copy of the audIt
rep(1) The Division may request additional
information including; but not limited to, audits of
(March, 1991)
T
1r"
"' '.. ..,_._______.~.._'M.~".'"C...~.,'~.__,"'_".,_"._..~,""_~. "IIflI1II
",-
I"YCY " n.....
.,",~"',&,
QREGON ADMINISTRATIVE R{JLF'""-. .
V32; DIVISION 6 - PUBLIC TRANS. DIVISION
. EXHlf
specific projects or services.
Stat. Auth.: ORB Ch. 323, 391.& 616 . .
Hist: Pro 1-l986, C. &. ~ 1-10~: Pm 1-198'1. l. & et. 11-
U-81; Pm 1-I989<Temp). C. '" cert.. el. 12-29-89; Pm 1-
1990, l. " cert.. eC.. 6-31-90; Rentimbered !roin "132-05:080
lED. NotE: Th~ text oC'IeoipOtiiij ltule. u DOt pnnted in
the Oregon ~tlw Rule. CGdtpDtttllui:. COpl& ti1iy be
obtained from the adoPting 8geocy or the Sec:retaJyoCState..J
732-()5-()50 [Renumbered to 732'-05-056]
Reporting Requirements
732.()5-()51 (l) Pul')!<)~:
(a) 'lb ensure that STF moneys are being used
for the purpose of financing and improving
transportation programs for the elderly and
disabled;
(b) 'lb m~~ the effe~ts of the prog-r:am;
(c) 'lb proVIde mfonnlitIon to the legtslature.
(2) Requirements:
(a) .The djstriet or co.unty shall submit. or
reqUIre its pt"OVlders to submIt, a quarterly report to
the Public Transit Division;
(b) For projects funded by: the Formula
PrOgI1l1l1, a report form, proVided by the Division
shall be completed for eaCh provider Oil the list ot
services. The reports shall cOntain inforuuition
about the nature and scope of serviCes proVid~;
(c) The countr or district may reguire
additional reportim! information from its pl'Qvi<:ters;
(d) Reports snaIl be due within 45 days
following tlie end of a quarter:
(e) For projects funded by the diseretiona~
pro~am. a report fonn will be proVided by the
DiVISion to be completed as require<i
Stat. Auth.: ORS Ch. 323. 391. '" 816
Hist: P1'D 1-1986. C. '" ef. 1-10-86; Pm 1-1981. C. &: eC. ll-
24-81; Pro 1-1989('Iemp). C. &: cert.. el. -12-29-89; Pl'D 1-
1990, r. " cert. eC.. 6-31-90; Resmmhered from '132.05.085
(March, 1991)
T
"r
...... ~'~.".."....4._.,...h.."_..__.,"""'~__~...............".,,........~ .....
1'1
(ED. NOTE: The text ofTemponuj Rules is not printed. in
the Oregon Admini8trative Rules Compilation.. Copies may'be
obWned frOm the adoPting qency or the 8eCretaiY oCState..] .
'132-05-055 [Renumbered to 732-10415J
Withholding of Funds ftOii1 a Govemin( Body
'182-05-056 (1) The Division Duty vnthhold
paymentofSTFmotley~.if.. ..... ...
(Ii) The funds are not beIng ~ In 4Ccordance
with these'roles; . .
(b) All required reporting has not been
submitted.; or .
(e) There are any unresolved audit findings
relating to the STF.
(2) If audit findings indicate STF moneys were
used improperly, the governing body shall repay the
STF that portion used improperly.
Stat. Auth.: ORS Ch. 323. 391. &: 816
Rist: P1'D 1-l986, f. " ef:. 1-10-86; Pm 1-1981:. f. &. eC. 11-
U-81; PrD 1-1989('Iemp). C. '" c:ert. el. 12-29-89; Pl'D 1-
1990, r." cert. e[. 6-31-90; Renumbered from "13z,05-050
(ED. NotE: The text or'len1poi'aIy RuleS i. riOt printed ia.
the Oregon Admia.1atn.tive Rules Compilation.. Copies may be
obtained. from the adopting .gency or the SeCretaJy oC State.J
'132-05-060 [Renumbered to 732-0~16(1-4)
and 732-10-040]
732-05-065 [Renumbered to 732-05-031]
'132-05-070 [Renumbered to 732-05-036]
'132-05-075 [Renumbered to 732-05-041]
732-05-Q80 [Renumbered to 132-05-046]
'132-05-085 [Renumbered to 732-05-051]
iOREGON ADMINISTRATIVE RtiI.--' ;
CIIA.PTEt<. '132, DIVISION 10 - PUBUC TRAN...,-.r DIVISION
DIVISION 10 submission of the apQlication.
(3) A list of services including the names and
THE SPECIAL TRANSPORTATION FUND addresses of the providers, the type of service to be
FORMULA PROGRAM provided, service area, and amount of funding
antici ted.
(~The governing body may amend the list at
any time by filing an amended list with the
Divimon. .
(b) The total cost estimate of all services listed
and any contin~en~ shall not exceed the sum of
U1e annUal distribution estimate as supplied l?Y the
Divisiont prior year STF moneys remaining
available In the state account, and the STF moneys
on hand in the local ~verning body STF account.
(4) Planning ana development projects shall
also be listed and described m the list of services.
The description shall ideg.tify who would do the
work, when it would begin and be completed, and
what purposes or products are to be achieved.
(5) Capital purchases shall also be described on
the list of services.
(6) If an applicant is a disbict, 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 decenni81 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.
Tile Division shall review and approve or
disapp.rove the method and the proposed
~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 (chairman or
general manager) of the governing bodf.
(10) The governing body sha111dentify the
source and amount of fuilds contributing to its total
progJ:lllIl of m::l,ding transportation services to the
elderly and. led:
(11) The governing body shall identify funds
held in contingency and describe a plan fOr their
use."
Program Purpose
732-10-0Cf5 The STF formula program is
intended to provide a reliable and continuing
source of revenue in support of transportation
services for the elderly and disabled. .
(1) Revenues from the Special Transf)ortation
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.
Stat. Auth.: ORS Ch. 323. 391 &: 816
Hist.: Pl'D 1-1990, f'..&. cert. ef. 6-31-90
Formula Distribution
732-10-010 For those STF moneys distnouted
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 detennined
by' the most recent annual estimate of ~pu1ation of
cIties and counties by the State Board of Higher
Education (ORS 190.610 to ORS 190.610).
(3) The Public Transit 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'l'ranmt Division shall disbibute
STF monies regularly.
Stat. Auth.: ORS Cb. 323. 391 &: 816
Biat.: Pl'D 1.1986, r. &: eC. 1-1~ pro 1-1987, r. &: er. u-
24-87; PI'D 1-1.989('Iemp). r. &: cert. er. 12-29-89; Pl'D 1-
1990, t &: cert. er. 6-31-90; Renumbered from 732-05-016(2-
&)
[ED. NOTE: The text oCTemporazy Rules is DOt printed in
the Oregoll AdmiDlstrative Rules Compnation. Copies may be
obtained &om the adopting egency or the SecretaIy oCState.]
~ncatiODB Prooedures for the STF Formula
program
732-10-016 For those moneys allocated by
formula.. administrative allotment and minimum
allocations, the g~verning body shall submit a
complete application on forms supplied by the
Public Transit Division. The application shall
include the following information:
(1) Roster of the Advisory Committee members.
The roster shall include each member's name,
address and an indication of whether they are:
(a) Users of elderly and disabled transp<?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 willi these rules
and advised the governing body prior to the
..,.
... ~~"
EXHIBIT' r
"
Stat. Autb.: ORS Cb. 323. 391 &: 816
Bist.: P'l'D 1-l986, t &: et 1-10-86; PTD 1.1987, r. "eC. u.
24-81; P'l'D 1-1989('Iemp). r. " cert. eC. ].2.29-89; PTD 1-
1990, t" cert. er. 6-31-00; Renumbered from 732-05-020
(ED. NOTE: The text or~ Ru1ee Is DOt pdnteclln
the Oregoll Admlniatnltive Rules Compilatioa. Copies may be
obtaiDecl from the adopting egeocy or the Secretuy oCStateJ .
Ap~UcatiOD Review
'132-10-020 (1) The Public Transit Division shall
review applications to determine if program
requirements have been met. If not. the Division
may ask for further information or clarification or
may disappr_ove the application and advise the
governin.E body of the ,grounds for disapproval.
(2) Grounds for disapproval may mclude, but
are not limited to, the followinif-
(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)
-
fl
'.~~GON ADMINISTRATIVE RULE~,.
CHAPTE. '. .~2, DIVISION 10 - PUBLIC TRANS. hIVISION
advisory committee. Rist.: PTD 1-1986. f. &. e( 1-10-86; PTD 1-1981, C. &: et Ii-
. (d) For. formu\a app!ica~io~s by distric.ts, 24-87; PTD 1-1989('Iemp), C. &. cert. et 12-29-89: PTD i-
dlspro~ortlonate allocatu)fi InsIde and outsIde 1990, f. & cert. ef. 6-31~: Renumbered from 1'32-0s.440
district boundaries'
(e). The use of STF moneys to supplant the
goveml~ body's local appropriation currently tised
to provide etaerly and disabled transportation
seTVlces'
(0 Failure to comply with required ~ranceS;
and
(e) Funds are not being used in accordance with .
OAR 732-05"(}()() to 732-10-045.
Stilt.Auth.: ORS Ch. 323, 391 &816
Rist.: PTD 1-1986, f. &. ef. 1-10-86; PI'D 1-1981, f. & ef. 11-
24-81; PTD 1-1989('Thmp), f. & C:iert. et 12-29-89; PI'D 1-
1990, f. & oert. et 6-31~; Renumbered from 1'32-05-030
. ~. NOTE: The text of Temporary Rules is not printed. in
the Oregon Administrative Rules CompRation. Copies may be
obtained from the adopting agency or the Secretary of State.]
Service Review
732-10-025 (1) The Division shall review the
p~oposed list of services in each application. The
DIVlsion shall consider material submitted in the
application, information furnished by providers,
and other information it may receive as the basis
f~r fundi~ approval
(2) Grounds for disapproval of funding for
service shall include, but is not limited to, a finding
by the Division that:
(a) A provider of service is in clear violation of
state or local laws or regulations governing
passenger transportation; .
(b) A provider of service is in clear violation of
the: laws or rules of this program or is improperly
usmg frogram funds;
(c A provider of service is incapable of
perfonning or has not performed the service in a
safe prudent and timely manner.
(3) Reviews by: the Division shall cover the
provider and type of service to be provided.
(4) Disa~proved servicesl planning, or capital
projects can be improved ana resubmitted through
an amended list of services.
(5) The governing body shall retain
authority over costs and allocations within its
jurisdictIon and may shift funds among approved
providers as necessary for the desired services.
(a) Adding new providers requires Division
approval. and
(b) Changes in the distribution of funds among
..a~r~~y approved providers does not require
DIVlslon approval
Stat. Auth.: ORS Ch. 323, 391 & 816
llist.: PI'D 1-1986, (, & ef. 1-10-86; PI'D 1-1S81, (, &. ef.ll-
24-87; PI'D 1-1989('Thmp).t & celt. et 12-29-89; PI'D 1-
1990, (, & cert. eC. 6-31~; Renumbered from 1'32-05-035
[ED. NOTE: The text of Temporary Rales is DOt printed in
the Oregon Administrative Rules CompRation. Copies may be
obtained from the adopting agency or the Secretary of State.]
Disbursement of Funds
732-10-030 Up~n approval of the application
the Division shall disburse the funds.
Stat. Auth.: ORS Ch. 323, 391 & 816
(March, 1991)
T
"....,.......
EXHlsr
[ED. NOTE: The text of Tempori.1y Rules is DOt printed in
the Oregon Administrative Rales CompnaUon. COpieS may be
obtained from the adopting agency or the SecretaIy of State.)
Distribution of STF FormUla and Minimum
Allocation Moneys by the Govei-nip.J Body
732-10:035 (l) D~tn"bution by cU$t1i.cts:.. .'
(a) Each district that receives S'i'F moi1~ shall
distribute those moneys to l!.roviders of
transportation for the purpose of financing and
improving transPQ!'t8tion pro~s llD:d.se-ryi~ for
the elderly and dIsabled resIdents of the distnct
and the county(s) in which all or a portion of the
district is located; , '/'
(b) The district is responsible for funding
providers both within its boUndaries and outside
them in the surrounding county{s);
(c) Services outside the district shall receive a
proportionate amount of the STF based on the
popUlation outside the district:. .
(d) The proportion shall be based on the last
federal decennial census.
(2) Distribution by: Counties: Each coWity that
receives STF moneys shall distribute. .those moneyS
to providers of trans{>ortation for the purpose of
financi~ and improVl~ transportation proerams
and seTVlCes 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 to be distributed to
a provider of transportation and the purposes for
wliich the money: must be used; .
(b) Assure that the funds are to be used for
purposes permitted in these r~ations; .
(c) Assure that providers included in the list of
services continue to use the funds for the purposeS
permitted in these r~1ations; 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 ~'parate governmental fund.
(5) If any interest is earned by the governinE
body from Investments of STF moneys it shall
remain in the local STF account and shall be used
for the local STF p~m.
(6) The governing body shall enter into written
agreements with transportation pt:ovide~.
Stat. Auth.: ORB Ch. 323, 391 &. 816
Hist.: PI'D 1-1986, t & ef. 1-10-86; PTD 1-1981, (, & et 11-
24-87; PTD 1-1989{'Iemp). f. & cert. et 12-29-89; Pl'D 1-
1990, t & celt. et 6-31-90; Renumbered from 1'32-0s.445
(ED. NOTE: The text of Temporary Rules is not printed in
the Oregon Administrative Rules Compilation. Copies may be
obtained from the adopting agency or the Secretary of Stlite.]
Use of Funds
732-10-040 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.
Ill"
T! '
-. i OREGON ADMINISTRATIVE R~j
CHAP'l...-' '132, DIVISION 10 - PUBLIC TRAl.. .J..T DIVISION
EXHIB,IT ....,
(1) The STF moneys may be used as matching
funds for other state and fedemI programs that also
provide transportation service to the elderly and
disabled.
(2) The administrative allotment may be used
for administrative expenses associated with the
distn"bution of STF mone~ by the governing body
up to $2.000 annually. SUCh expenses include
eStablishing and staffing of the adVISOry committee.
distribution of STF moneys. monitoring the use of
STF moneys. and preparation of the application for
funds.
Stat. Auth.: ORS Ch. 323, 391 "816
Rist.: Pl'D 1-1986, r. " ef. 1-1~; pm 1-1987, f. " ef. 11-
2'-87; PI'D 1-1989('Thmp), f. " cert. ef. 12-29-89; Pl'D 1-
1990, f. "cert. ef. 6-31-90; Renumbered from 732-05-060(1-
2)
T
11""
[ED- NOTE: The text of'Thmporary Rule. i. not printed in
the Oregon Administrative Rules Compnation. Copie..may be
obtained. from the adopting agency or the Secretaty of State.]
Redistribution of Prognt!Jl Funds
'132-10-045 For formula moneys. the Public
Transit Division shall redistn"bute fiinas that have
not been requested after three years to
participating governing bodies.
Stat. Auth.: ORS Cb. 323. 391" 816
mat.: Pl'D 1-1986, r. &: el. 1-10.86: Pl'D 1-1987, r. &: ef. 11-
24-87; Pl'D 1.1989('Thmp), c. &: cert. ef. 12-29-89; PTD 1-
1990, r. " cert. ef. 6-31-90; Renumbered from 732-05-055
(ED. NOTE: The text of'Thmporary Rules fa not printed in
the Oregon Administrative Rules Compilation. Copie. may be
obtained from the adopting e.gerlc1 or the Secretaly of State.]
(March, 1991)
........
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~HIB~ C
~ IE U; /HW IE
MAR 3 0 1995 I!!J
SALEM AREA TRANSIT
S T F A P P II CAT ION FOR F Y 1995-96
SECTION A:
APPLICANT
1.
Legal name of
your organization:
'..:0
citv of Woodburn
address:
270 Montaomerv st.. Woodburn. OR 97071
phone:
(503) 982-5245
2.
Name and title of preparer:
Randall Rohman
Public Works Proqram Manaqer
3.
Is your organization... Public
Private
x
Profit
Non-profit -L
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
NOTE: Enclosed with your aDDlication a CODY of your audited
financial statement or financial review for your orqanization's
sDecial transDortation Drogram (most recent vear available).
T
....~
II
b
SECTION B:
SUMMARY
1. This application is .for...
2.
T
operating funds only --X-
Capital funds only
Planning or Demonstration funds
Amount of STF funds you are applying for
$ 15.795
3.
How many individual persons will your STF
transportation program be available to?
5.520
, ..:>
(If you are an agency, how many of your clients will be eligible to use the st3rvice during FY
1994-95 - if you are a public provider, how many qualified elderly and/or disabled people will
be eliaible to use the service proposed?)
4.
Estimated number of unduplicated clients
560
(This figure is simply the total estimated number of individual persons who you expect to
actually ride on your transportation program over the 1994-95 fiscal year.)
5.
ADDual number of person-trips your program
is estimated to carry in FY 1995-96
6.619
(A person-trip is. a one-way ride by an individual from an origin to a destination. A round rip
counts as two person trips.)
How did you calculate this estimate?
For the first 8 months of this year 4,413 passenger trips were
provided. projecting for a year from this number gives
6,619. We feel that FY 95-96 will be approximately the same
as the current year.
6.
Cost per trip
$
7.94
(The total expenses for your transportation program for 1994-95 [including costs that you pay
for with funds other than STF. if any] divided by the total number of person trips you estimate
you'll carry in 1994-95.)
If your cost/trip seems unusually high or low, what factors
influence that figure:
11'''
SECT1:0H C:
SERV1:CE 1:NFORKAT1:0H
1. 1:s 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. 1:f the proposed service is a continuation of existing service,
why are STF funds needed for this continuation (chfitck any that
apply)...
... STF funds were used last year X
... other revenues have decreased or been discontinued
transportation revenues are being shifted to other area
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 your are proposing~
1:f 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 ci ty 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? 1:f yes, how? 1:f 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 service
meetings, and contact with other transportation providers.
3
......
~. .......h
'M'f
, I
~..
5. proqram Description: In the area below (not on a separate
attachment) I please provide information about the services you
propose to operate with STF fundinq.
a. Days and hours of operation:
On Tuesday, Thursday, and Friday from 9 am to 5 pm; Volunteer
drivers provide rides all week as required.
b. Types of Clientel and Trip purposes:
(check all that apply)
Elderly X
Frail elderly X
vision impaired X
Hearing impaired X
General mobility impaired X
Developmental Disability X
Brain or spinal injured X
Other (explain) anvone who
meets ADA definition of disabled.
, -"
Recreation
Mealsite
Education/Training ____
Vocational
Medical -1L-
Shopping -1L-
other (explain) X
non medical appts/misc
c. Geographic area served:
within the city limits of Woodburn, Oregon
6. Please provide a written description of your proposed service:
Woodburn Dial-A-Ride provides two services to an estimated
5,520 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. There is a
$2.00 round trip charge for this service.
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.
4
.."
, I
7.
How many years has your orqanization provided
special transportation services for elderly and/or
disabled persons?
23 years
8.
Xf you do not receive any STF fundinq, or only a
portion of your requested amount, what options are
available to you to operate your proqram? How
would you propose to provide the service you wish
to offer in FY 94-95?
,~"
If no STF funding was received the volunteer driver medical
appointment service would require some restrictions and, as a
minimum, the hard fought for third day of van service. would
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
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... -,..-. ... ..........--..... ..--.-...
11
1 I
SECTION D. PROVIDER BACKGROUND INFORMATION
1. Give us a brief overview of your orqanization, your orqanizational
qoals, the primary function of your orqanization, and the way in
which the transportation services you are proposinq to provide fit
into the function and goals of your orqanization.
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.
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 t,he urban
growth area to provide safe, reliable, and efficient means to
satisfy 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.
The primary and only function of Oial-A-Ride is
transportation to the elderly and disabled
appointments, shopping and other needs.
to
for
provide
medical
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 followinq information for all v.ehicles
presently available to you for operatinq the special transportation
services being proposed. (Attach a paqe if more space is needed.
Year
Type of
Vehicle
Seating
Capacitv
Lift
Equip
Mileaqe
Condition
1991
Collins
10
Yes
31,160
Excellent
6
T
"T~
3. Vehicle Maintenance
a. How are the service and maintenance needs of your vehicles
deterained? Who makes the determination?
The city maintenance technician maintains
schedule based upon factory recommendation
well as performing repairs as needed.
coordinates service requirements.
a regular service
on the vehicle as
Program Manager
b. Who performs maintenance on your vehicles? If you have lift-
equipped vehicles who does the maintenance on,~e lifts? Are
the lifts routinely inspected?
The city service technician or a commercial shop depending on
type of maintenance service or repair required for the vehicle
or lift. The driver inspects the lift each operating day.
c. In the event of breakdown of a vehicle, what' backup capability
do you have to continue your transportation proqram until
repairs are made?
service is continued utilizing other city vehicles. A car is
normally used and individuals in wheelchairs or who cannot
utilize the car are not provided service.
4. Staff Roster: List the name and job title/function of each employee
involved in special transportation in your orqanization. (Attach
a paqe if more space is needed)
Name
Job Title/Function
Randall Rohman
Public Works
Manger / directs overall
(0.1 FTE)
Program
operation
15 to 20 Volunteers
Coordinator-Dispatcher
coordinates passenger
requirements (0.25 FTE)
Driver/operates van (0.5 FTE)
Driver/operates van (0.1 FTE)
Drivers/RSVP Volunteer Drivers
Brenda williams
Clyde Denning
Shawna Ramsey
7
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, I
.lL
SECTION E:
STF PROGRAM BUDGET
Show your transportation program's total costs for each line item in the
"Total Program Expenses" column. In the "STF Expenses" column, show the
amount of expense which you are p~oposing to cover with this STF grant
you are applying for (up to the full Total Program Expense amount for
each line item).
The total net expenditures shown on the bottom of page 9 will constitute
the amount of your STF request. Your application will be evaluated, in
part, on your line item budget, so please be as accurat~~as possible in
its construction.
PART I. FOR OPERATING. PLANNING. OR DEMONSTRATION GRANTS ONLY
....PROGRAM EXPENSES....
LINE ITEM
PERSONAL SERVICES
TOTAL PROGRAM STF
EXPENSES EXPENSES
1. EXECUTIVE DIRECTOR
2. FISCAL OFFICER
3 . PROGRAM MANAGER
4 . ADMIN. ASST.
5. DISPATCH
6. SEC./CLERICAL
7. DRIVERS
8. MAINTENANCE
9. FRINGE/TAXES
10. OTHER Volunteer Drivers
o
o
3.660
1.676
1,676
1.675
15,635
o
3.578
12.000
o
o
1. 300
500
500
500
4.954
o
1.500
4,100
TOTAL PERSONAL SERVICES
39.900
13.345
MATERIALS AND SERVICES
1. OFFICE SUPPLIES
2 . GAS & OIL
3. INSURANCE/BOND
4 . AUDIT
5. PRINTING
6. VEHICLE MAINTENANCE
7. FACILITY MAINTENANCE
8. PROF/ADMIN SERVICE
9. CONTRACT SERVICES:
FTA Druq Services
Communications EauiDment ReDair
10. TELEPHONE
500 200
4.000 700
1,350 600
0 0
250 0
3.100 500
0 0
0 0
750 0
50 0
500 250
8
T
,..'
"'1'''1
f!
TOTAL MATERIALS & SERVICES
TOTAL PROGRAM STF
EXPENSES EXPENSES
0 0
300 0
0 0
0 0
0 0
0 0
0 0
0 .... ,. 0
400 100
1.473 100
$ 12.673 2.450
$ 52,573 15,795
1.1. RENT
12 . ADVERTISING
13. EQUIP. LEASE
14. UTILITIES
1.5. MILEAGE/PARKING
16. LICENSES/FEES
17. TAXES
18 PROF. DEVELOPMENT
19. MEETINGS/CONFERENCES
20. OTHER (DESCRIBE)
Postaqe, uniforms, tires
publications. misc.
TOTAL STF OPERATING EXPENSES
(Personal Services plus Materials
and Services)
****PROGRAK REVENUES****
1. FARES
2 . DONATIONS
3 . GRANTS, BEQUEATHMENT
4. FUND RAISERS
5. GENERAL FUNDS
6 . FEES
7. MATCH FUNDS
8. DD53
9. TITLE XIX
1.0. OTHER Cash carryover. interest
miscellaneous
4.200
2.800
500
o
1.9,403
o
o
o
o
TOTAL REVENUES
9.895
$ 36.778
****TOTAL STP OPERATING APPLICATION AKOUNT****
OPERATING EXPENSES IUNUS PROGRAM REVENUES
$ 15,795
9
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1!""
k.._.~_.;...._~,.....,._",.,..___..____ ...,..
" 1 '
PART :[]:. FOR CAPXTAL GRANTS ONLY
***CAPXTAL EXPENSES***
Capital Item
1.
2.
3.
,,-~- ........
Proposed Cost
'.. :0
TOTAL STF CAPITAL EXPENSES $
***PROGRAM REVENUES***
1. FARES
2. DONATIONS
3. GRANTS, BEQUEATHMENTS
4. FUNDRAISERS
5. GENERAL FUNDS
6. FEES
7. MATCH FUNDS
8. OTHER
TOTAL REVENUES
***TOTAL STF CAPXTAL APPLXCATION AMOUNT***
CAPITAL EXPENSES KXNUS PROGRAM REVENUES
10
T
~ .
$
$
, !
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##
ADMIN ASST 300-8013-319-108 500 500
PROGRAM MANAGER 300-8014-319-108 1,300 1,300
SECY/CLERICAL 300-8015-319-108 500 500
DISPATCH/COORDINATOR 300-8016-319-108 500 500
DRIVERS 300-8017-319-108 4,954 4,954
Volunteer Driver 3()()''8017-319-108 4,100 4,100
FRINGE/TAXES 3()()"8019-319-108 1,500 1,500
--------------- -------------
SUBTOTAL PERSONAL SERVICES 13,354 13,354
----- ----- ----- -------------
*For SAT Use Only
Page 1 of 3 Pages
~ . "',.q"'_-- ,--," lI'
" I
EXHIBIT D
PROGRAM BUDGET (CONTINUED)
DESCRIPTION
##MATERIALS & SERVICES##
TOTAL CONTRACT
TRANSPORTATION SERVICES
OTHER - Postage,
uniforms, tires,
publications, misc.
VEHICLE MAINTENANCE
MEETINGS/CONFERENCES
OFFICE SUPPLIES
TELEPHONE
INSURANCE/BOND
GAS & OIL
SUBTOTAL - MATERIALS &
SERVICES
TOTAL CONTRACT
*For SAT Use Only
'''"', "_..__._.....,--~ ,
ACCOUNT
NUMBER
300-8020-319-108
300-8042-319-108
300-8046-319-108
300-8049-319-108
300-8053-319-108
300-8056-319-108
300-8OS7- 319-108
PROPOSED
BUDGET
100
500
100
200
250
600
700
2,450
15,795
STF-8
REVISED
BUDGET
50
400
100
146
250
600
700
2,246
15,600
Page 2 of 3 Pages
I' ,
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. )
TYPE OF PROGRAM INCOME
PROPOSED
TOTAL
PROGRAM
REVENUE
REVISED
TOTAL
PROGRAM
REVENUE
1. FARES 4,200 4,200
2. DONATIONS 2,800 2,800
3. GRANTS, BEQUEATHMENTS 500 500
4. FUND RAISERS
5. GENERAL FUNDS 19,403 19,403
6. FEES
7. MATCH FUNDS
8 . DD53
9 . TITLE SIX
10. OTHER (IDENTIFY) :
Cash, carryover, interest,
miscellaneous 9,895 9,895
CONTRACT\95\PROGBUD.ALL
Page 3 of 3 Pages
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