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Res 1198 - STF-8 Agmt FY 93/94 COUNCIL BILL NO. 1495 RESOLUTION NO. 1198 A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE SALEM AREA TRANSIT DISTRICT KNOWN AS THE" STF-8 AGREEMENT" , WHICH IS ATTACHED AS EXHIBIT "A" AND BY THIS REFERENCE INCORPORATED HEREIN, FOR FY 1993-94 AND AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT. WHEREAS, the City of Woodburn applied for Special Transportation funds for Fiscal year 1993-94 as approved for under Oregon Statute, and WHEREAS, the City of Woodburn has been awarded $15,000 in operational assistance for the Dial-A-Ride program. 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 to secure Special Transportation Funds for Dial-A-Ride operating assistance. Section 2. That the Mayor is authorized to execute and the City Administrator to administer said agreement on behalf of the City. Approved as to form~~ ,.;;;aa City Attorney ~ APPROVED: ~ ~ Len elley, Mayor ~)7/11 , { Date Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder ATTEST~a~~:~~~~R~er City of Woodburn, Oregon September 13. 1993 September 14. 1993 September 14. 1993 September 14. 1993 Page 1 - COUNCIL BILL NO. 1495 RESOLUTION NO. 1198 -..,. Agreement No.: Contractor: Period Covered: SPECIAL TRANSPORTATION FUND AGREEMENT FORMULA FUNDS Salem Area Mass Transit District STF-8 CITY OF WOODBURN July 1, 1993 through June 30, 1994 _... _..,.,".__~_.__".k,~_'t"-.'m'_ '-~ -.--.,-....---..,..,-.-.----....""..^-.--... INDEX FY 93-94 STF Agreement 1. SCOPE OF AGREEMENT. 2. TRANSPORTATION SERVICES. 3. PAYMENT 4. CONTRACTOR' S WARRANTIES 5. DISTRICT COVENANTS 6. EQUIPMENT 7. FISCAL ACCOUNTABILITY & RECORDS MAINTENANCE 8. PROGRAM INCOME . . . . 9. AUDITS & EXAMINATIONS. 10. INSURANCE 11. INDEMNIFICATION . . . 12. INDEPENDENT CONTRACTOR STATUS 13. PERMITS & LICENSES 14. SAFETY. . 15. ASSIGNMENT 16. COMPLIANCE WITH LAWS 17. TERMINATION 18. NOTICE 19. WAIVER . . . . . . . . 20. DISPUTE RESOLUTION . 2 L SEVERABILITY.. . . 22. PRIOR AGREEMENTS 23. GOVERNING LAW 24. JURISDICTION. STF Contract (Formula) i , '? . . ,. 'If >.,...~.~."'".>~-,-,..,,._,_..__..+---~->_....~....'..'''' ,-.,. - . 2 3 3 7 9 10 11 14 15 16 18 19 20 20 21 . 21 22 23 23 24 25 25 25 25 STF-8 "._.~~-----,----->.,~._..~,.- 25. 26. 27. ATTORNEY FEES EXHIBITS COUNTERPARTS STF Contract (Formula) ..,.~ , ".- ,.. . ii 25 26 26 , .< STF-8 0<." ,,_,_ '~'__~'_"""'W~'_'~"__"'I"'--___"""-__."'''_~~'''"'__'''_______'''~___"'~' Agreement 'STF-8 SPECIAL TRANSPORTATION FUND AGREEMENT THIS AGREEMENT is entered into this 1st day of July, 1993, by and between SALEM AREA MASS TRANSIT DISTRICT, a Municipal i...~ Corporation of the State of Oregon (hereinafter referred to as "District"), and CITY OF WOODBURN (hereinafter referred to as "Contractor"). RECITAI.S: 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 (Formula) 1 STF-8 .--- "i'h"~""_- or effect. Now, therefore, IT IS HEREBY AGREED between the parties as follows: 1. SCOPE OF AGREEMENT. 1.1 The Contractor will ,provide special transportation services in a manner such that the District will at all times be in full compliance with ORS 391.800-391.830 and with administrative rules OAR 732-05-000 thrQ~gh 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 "B"). STF Contract (Formula) 2 STF-8 2. TRANSPORTATION SERVICES. 2.1 The Contractor agrees to provide the special transportation .services described in detail by the Program Description (Exhibit C). The Contractor agrees to undertake whatever action is necessary to provide such services and to purchase all necessary equipment required for such services. '..> 2.2 Contractor agrees that no special transportation services will be provided under this agreement that may require vehicles to go outside the boundaries Qf 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 $15,000 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, 1993, 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 I s submission of each monthly report. STF Contract (Formula) 3 STF-8 T. -~'"._-~ Any funds provided pursuant to this agreement may not be used to reimburse Contractor fOlr transportation services provided to the general public. Contractor will also not be paid for unauthorized services, claimed services which have inadequate proof of actual delivery, or services '-:>Which are provided to non-disabled persons under the age of 60 years. 3.1.4 The District reserves the right to withhold payment of funds if any documentation or reporting has not been 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 $15,000 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. 3.1. 3 3.3 Nonappropriations Clause. District shall not be obligated to make any payments to the Contractor under this agreement to the extent that District does not obtain sufficient funding from the Public Transit Division under ORS 391.810, or to the extent funds are STF Contract (Formula) ...-~. ., . - ,.~._~~.,~.._-,-,--~_.,.._- 4 STF-8 ..-"'t"" not appropriated by District under the Local Budget Law (ORS 294.305-294.520, 294.555, and 294.565), in which event District. may, but shall not be obligated to, terminate this contract or prorate available and appropriated funds among all providers of transportation programs and services for the elderly and disabled currently under agreement with District. '.' 3.4 Prohibi ted Expenditures. Except as is expressly provided in this agreement, the District is not responsible for providing operating capital required to commence or continue the transportation services agreed to be performed by Contractor. Contractor is entitled to reimbursements for all costs, both directly and indirectly incurred in connection with providing the services as budgeted in the attached Exhibit "0" but, except as is expressly provided in this agreement, Contractor shall not be entitled to reimbursement of the fOllowing costs or expenses: 3.4. I 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 acti vi ties, and incidental costs relating thereto, such as STF Contract (Formula) 5 STF-8 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, school boards, etc. , whether incurred for the purposes of legi'slation 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. STF Contract (Formula) ...,.."- ~ "'_~""''''_'d .__h.......'._ 6 STF-8 -""-~-~-'--~'-'-'~'-"^---'~-'-- 3.5 Upon receipt of prior District approval, Contractor will be entitled to reimbursement of local match funds expended for the-purchase or repair of capital equipment. 4. CONTRACTOR'S WARRANTIES. 4.1 Contractor hereby covenants, represents and warrants to District as. follows: 4.1.1 Contractor has all requisite '-'power and authority to own and operate the assets required to fully perform and supply the transportation services described by the attached Exhibit "C". 4 . 1. 2 Contractor will, to the maximum extent feasible, coordinate the provision of services with other transportation providers in their 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. There are presently no actions, liens or outstanding against or STF Contract (Formula) 7 4.1. 4 judgments, claims, other proceedings pending against the STF-8 -~ ,- .~_._.--- -"'--""~-'-""'-+--_._~"_.1'-- ... 4.1.5 assets or Contractor in any court, or otherwise. If District is required to make direct payment to anY of Contractor's creditors for any liability not expressly assumed herein, District may make such payment and demand reimbursement thereof from Cont~actor, 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 STF Contract (Formula) 8 STF-8 T '..1 "...... 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 pur$uant to this agreement, and shall further assume responsibility for repayment to the District of any expenditures not expressly authorized by this agreement or the attached exhibits. Upon the receipt of written notice from the District describing the extent and nature of any non-authorized expenditures, Contractor agrees, within ten (10) days following the receipt of such notice, to immediately refund any monies previously received for non-authorized expenditures. When making repayment to the District, Contractor agrees to use non-STF funds. 4.1.7 Except as otherwise expressly disclosed herein, Contractor has entered into no subcontract relating to transportation services for the elderly or disabled, and Contractor has, to the best of Contractor's knowledge, complied with all laws, rules, and regulations relating to the performance of services under this agreement. 5. DISTRICT COVENANTS. 5.1 District agrees to administer this agreement, and all other agreements entered into as part of the District's participation in the STF program, in accordance with the STF Contract (Formula) 9 STF-8 .,." '1 ..,... . ~~--.......... .~."""~~~-'''''<-'''".''" ,.~.~...,._.t policies previously or hereafter specifically adopted by the District's Board of Directors. 6. EOUIPMENT. 6.1 Contractor is responsible for the purchase, repair and replacement of all equipment required for the performance of services under this agreement. No purchase of operating equipment or furniture will be reimbursed unless specifically authorized in writing by the District, and unless such expenditure is further included and expressly identified in the approved budget as evidenced by Exhibit "D." In those instances where the purchase of operating equipment has been ratified and approved in the manner set forth in the preceding sentence, Contractor agrees as follows: 6.1.1 All equipment purchased under this agreement must be utilized solely for the purpose of providing elderly and disabled transportation. 6. 1. 2 When said equipment is no longer needed or utilized by the Contractor for elderly and disabled transportation, Contractor agrees to provide the District written notification of the cessation of elderly and disabled transportation services within five (5) days following the Contractor's termination of such transportation activities. Contractor further agrees to refund to the Local Special Transportation Fund all net proceeds received from the sale of such equipment, or an amount STF Contract (Formula) 10 STF-8 ~. -~-1-----'--'--- , ... _._.+,~..,...._._.~.- "--........,-~-t--~ equal to the fair market value of said equipment, not later than ninety (90) days following the date of Contractor's cessation of elderly and disabled special transportation services. If, at the time of purchase, funds other than STF program administered funds were used in the purchase of said equipment, then Contractor shall only be required to refund that portion of sale proceeds, or fair market value, which represents STF Participation in the purchase of Contractor's equipment. 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. Contractor agrees to comply with all reporting and audit obligations imposed by the Oregon Public Transit Division. 7. FISCAL ACCOUNTABILITY & RECORDS MAINTENANCE. 6.1.3 6.1.4 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 STF Contract (Formula) ... T 11 STF-8 ~._..".~m__"'_'__"_'__""""I_._.___'_'''''''''''_'_~~_~_"_''''''......-- between budget categories (Personal Services, Materials & Services, or Capital outlay) will require prio~ 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 agreement shall be supported by properl~ 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 (Formula) 12 STF-8 ... T ......"..--..........----.-..1 appropriate performance under the provisions of this contract, and all records or documents which are requireq of the District. by any other governmental authority. Where appropriate, the District will provide the Contractor with all necessary forms to be completed as part of Contractor's reporting obligations. 7.3 Access to Contractor's Records. At any '-ttime 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 I 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 audit or examination of its activities. The documents tolle-flltained--by-~ontractor STF Contract (Formula) 13 STF-8 include, but are not limited to, financial records, client records and all personnel records. Upon the termination of this agreement, or in the event that Contractor ceases to be a provider of STF services, Contractor agrees, upon its receipt of a written request, to provide the District all documents, or copies of such documents, related to the services'~rovided by Contractor under this agreement. S. PROGRAM INCOME. S.1 Donations. The District encourages the Contractor to seek voluntary donations, or to seek other payment from the recipients of transportation services to be applied toward the costs of transportation services. Any funds received from or in behalf of transportation service recipients are considered program income and shall be utilized by Contractor to offset the cost of providing services pursuant to this agreement. Contractor shall undertake whatever steps are necessary to insure the protection of the privacy of each person with respect to his or her contribution. While Contractor is encouraged to seek contributions to be applied toward the cost of administering this transportation program, Contractor acknowledges and warrants that no qualified individual will be denied transportation services merely because the individual is unable or unwilling to make a voluntary donation. Contractor agrees to report any receipt or expenditure of program income on a first in, first out basis, and all expenditures received by Contractor as STF Contract (Formula) 14 STF-S - .....- . ,.., program income will be deducted from the Contractor's monthly billing statement. 9. AUDITS & EXAMINATIONS. 9.1 Contractor agrees to authorize, and procure an annual, independent financial audit or review to be performed by individuals licensed as certified public accountants by the Oregon Board of Accountancy, and '-~ho are independent of the Contractor I s management. The following steps shall be taken as part of the annual audit or 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. STF Contract (Formula) .,.. "1 T." 15 STF-8 "" - ~....._~"'~-"-~~'_.._-'--'-~.~ 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, "Muniblpal 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. Property damage liability insurance with minimum limits of $lOO,OOO-each claimant. 16 STF-8 10.1.2 STF Contract (Formula) ....- 'r ~...,~____,~~".h-_. .-_. <-.. .~.."..t.- A $500,000 combined single limit liability policy may be substituted fo~ LO.l.l and 10.1.2 so long as the policy covers both bodily injury and property damage. If not otherwise provided under the separate insurance policies'~for bodily injury liability protection and property damage liability protection, Contractor agrees to obtain comprehensive form general liability insurance intended to provide Contractor and District insurance coverage for the maximum limits of liability permitted by the Oregon Tort Claims Act, 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 ORS 656.017, which requires them to 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 10.1. 3 10.1. 4 10.1. 5 10.1. 6 STF Contract (Formula) ~ -,- -,~ 1..-.....".....-. 17 STF-8 ~_.._.__.__,..".."...,'M.._.... ,."--.~.~_..t'"'"-~' .... __....u,'_.;_.....,___~__..."_..'_'__.H,_.__"._".._ " I 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 STF Contract (Formula) 18 STF-8 . "_.."...__________~--,_-'t"... ..~..,",.__._~.___.""_..,,'.".'~_.,...,..._,._..~.,._ Transportation, and their officers, agents, employees, and members against all claims, demands and liability whatsoever, including but not limited to all loss, damage, costs, charges,. expenses and liability for injury to or death of any person, or damage to property arising out of or in any way connected with the performance of the services, and Contractor shall, upon th~District's written request, defend (with legal counsel acceptable to the District) any suit or action which alleges a claim covered by this indemnity agreement. Contractor shall pay any costs that may be incurred by the District in enforcing this indemnity provision, including a reasonable attorney's fee. 11.2 Notice of Claims. The Contractor shall immediately notify the District in writing of any action, suit or proceeding filed against Contractor in any court or before any regulatory or administrative body. Contractor shall also give prompt notice of any claim made against the Contractor by any federal, state or local agency, subcontractor, vendor, client, or other party which may result in litigation related in any way to this agreement. Contractor shall also notify the District immediately of its intent to file for protection under the Federal Bankruptcy Act, or to make any filing under the Federal Bankruptcy Act. 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 ..... 'f ._,~,-"_..<""..~~..."._.._---~~",~.,._._._-_.,,,---~~...._~._-"'_._"- 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. Contract~~ 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 .. .. ......."..__~_~...._.~.,._^'___.."o>,..___..___._~__'_____----....~~-- 15. ASSIGNMENT. 15.1 Contractor shall not assign, whether voluntarily on involuntarily, or by operation of law, this agreement, or any interest therein, or subcontract any portion of the services without the prior written consent of the District. If this provision of the agreement is violated, the District, in addition to all other '-"rights the District may then have, may terminate this agreement without advance notice, and in such event Contractor shall have recovery only for services performed prior to termination, waiving all other claims. 16. COMPLIANCE WITH LAWS. 16.1 Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. 16.2 Contractor shall comply with all of the provisions of ORS 391.800 through 391.830 and regulations adopted from time to time thereunder and any other statutes, rules, orders and policies relating to the Elderly and Disabled Special Transportation Fund program. 16.3 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. 33-4 ;- at -seq-.---- STF Contract (Formula) 21 STF-8 -----~-~.,._"._.....~.~-,.. 17. TERMINATION. 17.1 This agreement shall be effective as of the date firsu written above and shall continue until June 30, 1994; provided, however, that either party shall have the right, at any time, to terminate or suspend further performance by providing the other party thirty (30) days advance notice of its intention to dO.~ so. Upon termination, any unexpended budget appropriations will lapse, and the funds will be retained in the local STF program. 17.2 This agreement may be terminated at any time, with or without advance notice, due to the non-availability of funds from STF. The District assumes no obligation to provide the full amount budgeted in this agreement if STF program revenues are less than previously anticipated. 17.3 The District by written notice of default (including breach of contract) to the Contractor may terminate at any time the whole or any part of this agreement: a. If the Contractor fails to provide services called for by this agreement within the time specified herein or any extension thereof; or b. If the Contractor fails to perform any of the other provisions of this agreement, or 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 Ionger 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 ex~lusive 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 270 Montgomery st. Woodburn, OR 97071 1-503-982-5245 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 (Formula) 23 STF-8 I ~ ...._~ constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party makinq the waiver. 20. DISPUTE RESOLUTION. 20.1 All disputes concerning the interpretation of this agreement, or the rights and obligations arising from the parties' prior execution of this agreement,..~hall first be referred for resolution to the individual designated by the District as the "contracting Officer." If, upon referral of a dispute to the contracting officer, a mutually satisfactory solution cannot be achieved, the dispute shall then be referred to mediation before the District's General Manager. If, following mediation, a solution satisfactory to both parties has not been reached, the dispute shall then be referred to the District's agreement review board (hereinafter "Board of Directors"). The Board of Directors shall render a final decision regarding any dispute between the parties. Pending a final decision by the Board of Directors, Contractor shall proceed without delay with any performance prescribed by the order of the contracting Officer. 20.2 In connection with any proceeding conducted pursuant to this provision, the Contractor and District shall be afforded an opportunity to be heard and to offer evidence in support of their respective positions. 20.3 The dispute resolution procedure outlined above shall not affect any party's right to terminate this agreement STF Contract (Formula) 24 STF-8 I ....-~~_"_,.__~.".".____u pursuant to paragraph 17, or to pursue any other available legal remedy. 21. SEVERABILITY. 21.1 If in any judicial proceeding a court shall refuse to enforce any provision of this agreement, any unenforceable provision shall be deemed eliminated from this agreement for purposes of such proceeding only to the extent necessary to permit the remainder of the agreement to be enforced in such proceeding. 22. PRIOR AGREEMENTS. 22.1 This agreement is the entire agreement between the parties pertaining to its subject matter and supersedes all prior agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this agreement shall be binding unless executed in writing by all parties. 23. 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 oOf 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 either 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 one and the same instrument. IN WITNESS WHEREOF, the parties have executed this agreement in duplicate, effective on the date first written above. CONTRACTOR: CITY OF WOODBURN By Signat~ ;[d&; Len Kelley, Mayor Typed Name & Title DISTRICT: SALEM AREA MASS TRANSIT DISTRICT By Gregory E. Cook, General Manager ATTACHMENTS EXHIBIT A - ORS 391.800-391.830 EXHIBIT B - Oregon Administrative Rules 732-05-000 thru 732-10-045 EXHIBIT C - Program Description EXHIBIT D - Program Budget S41-STFDATA\CONTRACT\93\CONTRACT.PF STF Contract (Formula) 26 STF-8 ... -.-.....,.-- . . ~ 391.620 EXHIBIT A HIGH" ^ YS, ROADS, BRIDGES AND FERRIES -:~ '-",,; ,"~,.' . :r::.. _""_':,.i4<'~ ELDERLY AND DISABLED TRANSPORTATION 391.800 Elderly and Disabled SPecial Transportation Fund. (1) There is estab. lished in the State Treasury. separate and "distinct~m the General Fund, thel>lderly'(c:,." ,'i'Ait ~~s:~1n~c~d~;;r;:.'d'm::'bi:rs~.t71 : .... 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 districts, transportation districts and coun. ties as provided in ORB 391.810. (21 The Elderly and Disabled Special Transportation Fund shall consist of: (al Moneys transferred to the fund under ORB 323.455 (31; ,_~ (bl Other mone}'s appropriated to the fund by the Legislative Assembly; and (cl Moneys obtained from interest earned on the investment of such moneys. (31 Moneys in the Elderly and Disabled Special Transportation Fund, with the ap- proval of the State Treasurer, may be in- vested as provided by ORB 293.701 to 293.776, 293.810 and 293.820, and the earnings from such investmenta shall be credited to the El. derly and Disabled Special Transportation Fund. 11985 c.816 19; 1987 c.62 II; 1989 c.224 1661 391.810 DistnDution of funds to dis- tricts and countie.. (1) The Public Transit Division shall distribute three-quarters of the moneys in the Elderly and Disabled Special Transportation Fund, including the interest attributable thereto, to mass transit districts organized under ORB 267.010 to 267.390, transportation districts organized under ORB 267.510 to 267.650 and to those counties in which no part of a mass transit district or transportation district is located as follows: (a) Each such district shall receive that share of the moneys as the population of the counties in which the district is situated, determined under ORB 190.510 to 190.610 last preceding such apportionment, bears to the total population of the state. However, if two or more districts are situated in a single county, distribution of moneys under this IOUbsection shall be determined as ,.tho~h only the mass transit district is located In that countr or, if there are two or more transportation districts in the county, as though only the transportation district with the highest population is located in that county. (b) Each county in which no part of a mass transit district or transportation dis- trict is located shall receive that share of the moneys as its population, determined under ORB 190.510 to 190.610 last preceding such apportionment, bears to the total poplllation of the state. (2) After the requirements of paragraphs (al and (bl of subsection (1) of this section ".._'i.";,'<' . :;~V:3?~f::~t,1 ,'~ , ' ',,' ,.C.,' , , "<i'~'" "" IM~~' "'fm"$!{ " . ',~ . 'i': "l~lit~, !~;;~'~~~~<':\\}~'\%ii{f.'h{'-l!-~1;;)~,)~~';,'t;;~~;"t<J~~' ~E' rr\rr.:.:" , :J..">;; '< . .- r<l{ ,'! > .,-.... '",,,,,,,,/,^"'~ , l.'E-:W.~. ~'(t>l ~ l DI.-t~ ~~rt' < , l-.,., :.~, ';~.'!:';I'~'I,'!',::r:.J:.2. -"./,t . ':. .,/, i',MAS!>';J'RAN~WORT^T!QN~ ;),"'''',''I,.t ." ',1,.. ; " 391.8 1\. '. . .. .. "".,~n' "....'-.., . !Ii~'" _.,,~~~~.~. . ,....., , ...-':'.-<~'., -':"'. ~ '..", !,:i.";':~l''"-<'<;~:''.~-:'':>'>\~~-';t.$.''(.-''.1- .;'t!.~..~:'.i~..~:'.:('''.'.~..''~''v~.'' ..-If.H..,t&... /', ,:,':,:. ~'-. _' '~"'-'",-:,\" ~~. <<,~ .:, ~,,'r<~ff~,~.,..;,..'- ~~!~ ,,':':",!+':-,"'I'-'::f; ~JS' ,..-. rf~~i.>!.j:?, ,\~ ",~':.' ~ !>"ve'been'frn'tl t),~.~'."i'ind.er, ofJ~~:!"one)'~~;,~ e~b\ished.as .~naece~i>t;in '~tlte;~!der,l" '~'-' ",.,>.;-':> IDthc:-'Elderly)and :Olsa.bl~ ,~~clal ';~IJ$-';8and.Dlsablcd 'Speelal'Tra~~tJo1l11j'~II~'~.. ,~~~~~,<,\", ~s:~~.:~u~~:~~ d~~~:~~cti~.i":c.J~~~~ntW:l:in:~~:i:~~~:>;AI":}'0~".':i;t'.,. (~) . of th.., cect'''.nby the Public ~nslt DI- this section are continuously appropriate<! to VIsIon as follows. the Public Transit Division for the purpose (a) Each such district' or county that re-- of distribution for ultimate use for transpor- ceives a share of the moneys in proportion . tation and services to the elderly 'lnd disa- to population under subsection (I) of this bled as described under ORB 391.830 (4). section shall receive an 'amount, which ~hall However, only such of the mone)", ti@.~ are be fixed by the Oregon Transportation Co",. specifically directed by thc Oregon 'Irans, mission by rule, but not in excess of $2,000 portation Commission under subsection (41 annuall... to be used to defrav the adminis. of this section. to be distributed to a district trative 'elCpenses of the district or county in or count.. as described in ORB 391.810 Ill. ca.....;ng out its functions under ORB 391.800 .shall be distributed to that disU'ilt or county. to 391.830. (3)(a) Any district or county described in (b) Each such district or county that reo ORS 391.810 (11 may make application to the cejves a share of the mone~'s in proportion Public Transit Division for a distribution to population under subseetion (1) of this from the discretionary grant account estab- section shall receive for each fiscal year a lished under subsection (l) 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 earry to providers of transportation for use as out those purposes. specified under ORB 391.830 (4). (b) Upon receipt of an application, the (c) Each such district or count). shall re- Public Transit Division shall cause th" a)>- ceive any money distributed to it from the plication to come to the attention of the discretionary grant account established un- Oregon Transportation Commission, which der ORB 391.815.: shall. after consideration, approve or den~' (.I) 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 Coinmis- any mon,?",: remain in the Elderly and Disa- sion shall approve onl)' 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 ORB ORB 391.830 (4). 391.815. (4) U I f I'" pon approva 0 an app leation. In (3) The Public Transit Division shall not whole or in part, the Oregon Transportation distribute mone)"S to a mass transit district, CommisSion shall direct the Public Transit tra~rtation distri!'t ~r county under this Division to distribute th" dollar amount ap. se~tlon unless ~e dlstriet ~r county has a)>- proved to the appl);ng district or count)'. pOInted an adVlsory comnuttee under ORB 11989 d66 1101 391.820. 391.820 Ad . . . . 4. . VlSOry eommlttees; mem- (4) The Public TransIt DIVl~I~n ~1I bership; duties. (1) The governing body of adopt rules necessary for the adminIstration each mass transit district, transportation of ORB 391.800 to 391.830. district and county that is eligible to receive (5) Each district or county des<:ribed in mpneys from the Elderly and Disabled Spe- Subsection (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 t.o ad. , another or other such districts or counties vise and assist the governing body in c81T)" under ORB 190.003 to 190.110 in order to fa. ing out the purposes of ORB 391.800 to cilitate the performance of the functions au. 391.830. The number and terms of the memo thorizcd under ORB 391.830. 11985 dl6 110; 1989 hers of an advisory committee appointed \In. c224 167; 1989 cJI66 181 der this section shall be determined by the 391.815 Diseretionary erant aeeount; . appointing governing body. purpose; applieation for erant; erant. ap- (2) To be qualified to serve on an advi. p....val; distribution of moneys. (1) After sory committee of a district or county, an the requirements of ORB 391.810 have been individual must reside within the boundaries satisfied. the remainder of the moneys in the of the district, the county within whieh a Elderly and Disabled Special Transportation district or part thereof is loeated or the Fund shall be set aside and transferred to a county in which no. part of a district is 10- diticretionary want account, which account cated and must be: .. .. '..._._-.,_.,.__..~--.,_.~......~,,_...-....-. --~"--"~"^'--"-''''''''''' ._" _.,...__....,~.,~--;, ,~......,..._..--_._.....,- . . ...----.. EXtflBIT A 391.830 HIGHWAYS. 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. (31 An advisory committee appointed un. der this section shal1 review the distribution of moneys by the governing body of a district or county under ORS 391.830. The advisory committee may propose any changes to the policies or practices of the governing body relating to the distribution that the advisory corrunittee considers necessary or desirable. (l9115 c.816 111; 1981 c.537 11; ]989 c.224 1681 391.830. Use of funds to finance and improve transportaHon 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). aft.er providing for costs of administration in an amount determined under ORS 391.810 (2)(a), shal1 distribute those moneys to providers of transportation for the purpose of financing and improving transportation programs and services for the elderly and disabled residents of the district and the county in which all or a portion of the district is located. The moneys received under ORS 391.810 (1) and (2)(b) and distrib- uted to providers of transportation in areas within the counties in which the district is located but outside the boundaries of the distri.:t shall be that share of all moneys 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), aft.er providing for costs of administration in an amount determined under ORS 391.810 (2)(a) shall distribute those moneys to providers of transportation for the purpose of financing and improving transportation programs and services for the elderly and disabled residents of the county. .---.. (2) The governing body of a district or county. aft.er consultation with the advisory committee it appointed under ORS 391.820, shall determine the amount of money to be distributed to a provider of transportation and the purposes for which the money must be used. Moneys received under ORS 391.810 (2)(c) shal1 be used for the purposes for which received as indicated in the directive from the Oregon Transportation Commission as described under ORS 391.815. (3) Any provider of transportation re- ceiving funds prior to January I, 1986, from any governmental unit or agency for pur- poses related to the transportation needs of the elderly or disabled is eligible to receive moneys from a district or count). under this section. (4) Moneys distributed to providers of transportation under this sectlon may be used for the fol1owing purposes: (a) Maintenance of existing transporta- tion programs and servic& for the elderly or disabled. (b) Expansion of such programs and ser- vices. (c) Creation of new programs and ser- vices. (d) Planning for. and development of, ac- cess to transportation for elderly and disa- bled individuals who are not currently served by transportation programs and services. (5) Except in the ease of a uniform budget reduction or upon order or other au- thorization of the Public Transit Division, the increase in moneys received under ORS 391.810 under this section and ORS 323.030, 323.086 to 323.091, 323.455, 391.810 and 391.815 shal1 not be used to supplant moneys currently appropriated by counties or dIS- tricts for elderly and disabled transportation projects. (6) "" 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. (l9SS c.816 112; ]989 c.224 169; 1989 c.866 11 11 l CHAPTERS 392 TO 395 [Reserved for expansion] " ,- . 'EGON ADMINISTRATIVE RULE' \ PUBLIC TRANSlTDlVISlON CHAPTER '132 Table of Contents DIVISION 1 PROCEDURAL RULES '132-01.()()5 Model Rules of Procedure DIVISION 5 SPECIAL TRANSPORTATION FUND FOR ELDERLY AND HANDICAPPED General Information '132-05'()()() '132-05.()()5 '132-05-010 '132-05-016 . '132-05-021 '132-05-02'1 '132-05-031 '132-05-036 '132-O5.()41 '132-05-046 '132-05-051 '132-05-056 '. .. Purpose of Rule Statutory Authority and Procedure Definitions Purpose of the Special Transportation Fund Administration of Funds by the Public Transit Division Elil!ible Recipients of STF Moneys STl' Local Advisory Committee Requirements Accounting Requirements of the STF ~Purchase Requirements "t Requirements . Re,p.?t'ting Requirements Wlthhofcling of Funds from a Governing BOdy .,.. EXHIBIT B DIVISION 10 THE SPECIAL TRANSPORTATION FUND FOBMULAPROGRAM · '132-10-005 '132-10-010 . '132-10-020 '132-1().()25 '132-1().030 '132-1().()35 ~~cedures for the STF Formula Pro2raJIl ~lication Review service Review Disbun;en1ent of Funds Distribution of STF Formula and Minimum Allocation Moneys by the Governi~ JJod,y '132-1().()4.() Use ofFUilds '132-1()-()45 Redistribution o(!1'>gram 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 PurPose Application Procedures for the STF DIscretionary PrograIl! Standards for Selection of the STF Discretionary Grant ~l!l!.lication Review " STF Discretionary Grant EvaluatIon Panel Award of Funds Use of Funds " " Discretio~ Pro~ctMomtonng Redistribution ofl<'unds (March, 1991) 'EGoN ADMINISTRATIVE RULT . DIVISION I-PUBLIC TRANI> ISION procedural rules of the affected agencies. shall remain in effect to the extent they are not inconsistent with the A~",inlstrative Procedures Act and other staWtOiy authority and policy. CIJAPr ., DIVISIOl-II PROCtrouRAL RtJLES Model Rulesol~ure '132-0I~ (1) The Attorney General's Model Rules of Procedure under the Administrative Prclced.ures Act, effective OCtober 1511989, dated March 1990, are hertilJ,y adopted}Jy reterence as the general administrative procedural rules of the O~n TranBp()rtation Commissiott,. Public Transit DiVISion of the De~entofTransportation. (2) This rule shall SUpersede and replace the ~reviously adopted 1988 edition of the Attorney Geneml's Model Rules.. Previously adopted special EXHIB1T B . StaLAlitJi.:ORsCb.183 . . , Riot: Pl'Il2-198G. r." ef.~; Pl'Il ":1.988, r." cert. er. 8-22-8l1;PTD.2-1ll9O. r. ;.cert.er.8-14.oo . [ED. NOTE: The _ of~ruy 1luI.e.1a not printed In the Oregon Adm1nIatratl.,; 1luI.e. CO...pn.....n Copl.. may be obtained from the adoptlag "8"""Y or the SecretaIy oC State.] [ED. Nom: The fWl_ oCthe Attorney Gea.eraI'l Nodel Ru\eo oCProcedure II available Cram the 011-'"" oCthe Attorney Gea.enl or Public TnuIIit Divlaloa...J ',~ (March, 1991) - _ _ ~_'_'___~__""_M"~""~.'~'~'__"'_"'_____'_"""""_mo...._, _,,___--'____'__...~.~..,..__". '^b....,"._.,..._..'__m~__._ .~ - i, -EGON ADMINISTRATIVE RULE CHAPTE> _, DIVISION 5 - PUBLIC TRANS; lISION DIVISION 5 transit district or a transportation district. ' (7) -Division- - The Ore,gon Department of SPECIAL TRANSPORTATION FUND FOR Trans~rtation, Public Transit Division. THE ELDERLY AND DISABT .F.Il (8) "ElderlY person- - Any individual 60 years of age or older. - ' General Information (9) "Formula Allocation - - An amount of STF moneys made available to a ~verning h<!dY on the basis of the governing bodj's share of resident population in proportion to the population of the state as a whole. , (W~wrning~_~oow~di~rs of any district or the governing body of a county receivitig.!'!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~d number of rides, the type of service and bu t for providers receiving moneys from the S~ tion Fund. (12) "Mass Transit District -- A special district organized under ORS 267.010 to 267.390. (13) -Minimum allocation" - A minimum annual amount for which each district or county shall be elia"ble. Each gow~ body shall haw no less than tlie minimum allocation made available, irrespectiw of population, under the STF Formula ~"Project" - A semce or CB=.tal purchase elig11;'~ for func:1iog by the Formula or the Discretional)' Grant ProN~ which aIls within the purposes defined in OAR 132-05-000. A pro~ may include, but is not limited to, planning and needs assessment, training, research, demonstration.. capital, and o~ratingrequests. (15) "ProVider" - Any CIty, coun!iY, Clistric:t. or an, other person or agency, whether public or private, that maintains, operates, or sponsors vehicles and facilities for the transportation of CS:gers for profit or on 'a nonprofit or voluntary (16) "Public Transportation Services" - Any form of mass u-ansportation by bus, rail or other conveyance.. either {lublicll' or privately owned, which proVides &el"Vlce to the general pUblic not includiDg charter or sigl].tsFO$ or exclusive school bus) on a regular and contlnning basi.. Such transportation includes purposes such as health care.. shopping, edu~ation, ::a:ent, public sel'Vlces ' tiei-soii8l business or on. (1'1) '%presentative of Disabled PersoDB" - An individual, dealgJ"Ated bY. a ~u~eming 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) "Representative of Elderly PersoDB" - An individual, designated by a ~u.eoning body, who is familiar, knowledgeable or aware of the transportation neeCl.s of elderly' persons. For example, such an individual could be a member of an organization that provides assistance to or representation of elderlY individuals. (19) -Special Transll<l.rtation Fund for Elderly and DiSabled (STF'f - Moneys generated b;v a tax on c:i2aretteB.or from other sources, appro~tcd to the Public Transit Division for distri6ution to providers of transportation for the purpose of financing and improving tranrm'~tion programs and sel'Vlces for tlie elderly and' ~ed. (20) "Transportation District" - Allpecial : Purpose of Rule . ?~ 'lbese rules establish the procedures and ~rements of the Public Transit Division for the administration of the Special TranslX'rtation Fund (STF) for the Elderly and Disabled mcluding 732-10 and 732-20. Stat.Auth.:ORS Ch. 323, 891,& 81S ro.t: Pl'D 1-1986. C. & el. 1-1~; Pl'D 1.1987. C. & eC. 11- 24-87; Pl'D 1.I989(Templ. r. & cert. eC. 12-29-89; Pl'D 1- 1990, C. & cert. eC. fi.81-90 [ED. NOTE: The text or Temporal)' Ru\ea is not printed In the Oregon Adm\niotntl... Rul.. CompUatlon. Copl.. mq he obtained from the acloptiDg ogeuq or the SecretaIy ol SlateJ StatutolY Au.thority and Procedure '132-05'()()5 Oregon Laws 1985, Chapter 816. Section 10(.() and Oregon Laws 1989 ChaPter 866, Sections 7, 8, and 11 reguire the Public Transit Division to adopt rules necessary for the adminisb'ation ~the STF. Stat. Auth.: ORS Ch. 32S, 391, & 81S ro.t: Pl'D 1.1988, C. & el. 1-1~; Pl'D 1-1981, C. & el. 11- 24-87; Pl'D l.l989('Il!mp), C. & cert. eC. 12-29-89; Pl'D 1. 1990. C. & cert. eC. fi.81-90 [ED. NOTE: The text or Temporal)' Rn\ea .. DOt printed In the Oregon Adm\nIatTatI... Rn\ea CompUatIon. Copl.. mq he obtained from the acIoptiDg ogeuq or the SecretaIy olSlateJ Definitions , ~10 (1) -Administratiw allobnent"-an amount, disbursed annually, for adminisu-ative expenses of a governing tiod". in carryi~t furictions desc:ri&d under ORB 391.8OQ to 39 . (2) -Advisory Committee" - A committee apllOinted ~ a governing body to review~ advise, and assist in the distribution of moneys trom the Soecial TrJl:..~ortation Fund. Members must be efder1,y or' led users or transportation services transportation providers, representatives o~ persllns who are elderly or disabled, or persons who, are elderly or disabled without access to public . j;ransportation services. . (3) "Capital Purchase" - EQuipment or vehicles that have an acquisition cost of$t;Oj)O or more. (.() -nisabled ~n. - Any individual who, by reason of Ulness, injur,y, advanced age, congemtlil malfunction, or other permanent or temporal'! incaJ;!acity or disability, may have special reClUlrements in using p.ublic transportation facilities and services effectiwly. This inCludes any person who uses a wheelcbair or bas semiambulatory capabilities. (5) -Discretionary Account- - A Special Trans~rtation Fund account for disbibution of the remainin~ cigarette tax receipts set aside following distn"bution of the three--quarter per ca'pita formulii allocation, minimum allocation and administrative allotment. (6) "District" - As used in these rules, a mass ~ T EXHIBIT B (March, 1991) ,......,,~-,---,~.......-'" --O~EGON ADMINISTRATIVE ROLE" " CHAPTJj., DIVISION 5 - PUBLIC TRANS. . district o~ized under ORS _ ./.510 to 261.650. (21) .User of Transportation Services. - An elderly or disabled petson who makes .use of transportation 'progt/lUl.S and lierviceb fot the elderly and disabled.. Stat-Aut&.: ORB Ch. 823.391. Ie 816 Hiat: PTD 10198G, (. " tl. 1-10-ll6; Pm 1-111s7, (. " eC. u. 24-87; PTD 1-1989('1emp), (. " cert. e(. i2-29-89; PTD 1- 1990 (." oet't. et 6-81-00 (ED. NOTE; The lert of Tempo....,. Rulee ill not printed In the 0"'8"0 MmIn1otratl... Ruleil CompiJatlo..., Copi.. may he obtained from the adopting ogeocy or the Seeraary ofSUt.eJ 732-OiHl16(1) [Renumbered to 732-05-020] 732-OiHl16(1)(a-c) [Renumbered to 732-05-027] 732-05-015(2-6) Renumbered to 732-10-010] Purpose of the Special 'Ihmsportation Fund 732-05-016 Moneys distributed to providers of transportation under OAR 732-10 and 132-20 may be used for the following .Purposes: (1) Maintenance of eXisting trans(lortation programs and services for the elderly and ilisabled. (2) I!:xpansion of sueh programs and services; (3) Creation of new p~ and services. (4) Planning for\ and develrab't of, aeeess to transportation for elderly and led. individuals who are not currently served by transportation programs and services. Stat. Auth.: ORB Cb. 823, 391. " 816 Hiat: PTD 1-l986, t:." eC. 1-10-86; Pm 1-1ll87. (. "eC. 11- 24-87; PTD 1-1989('1emp), t:. " e>e<t. eC. 12-29-89; PTD 1- 1990, (. " cert. ef. 1i-lI1-90; Rennmbered from 132-45- 060(3X_~ (ED. NOTE; Tbe lert ofTemporuy Ralee Is not printed In the 0"'8"0 AdmIaiotntlYO Ralee Compll.''''''' Coplee may be obtained from the adopting ogeocy or the Seeraary olStote.l 732-05-020 [Renumbered to 732-10-015] Administration of Funds by the Public Transit Division 732-06-021 (1) Public Transit Division shall conduct the necessa~ activities to manage the Special 'l'ransportalion ~d. (2)After payment of the state administrative costs of the p~ the Public Transit Division shall make avm1ible mOl!<<l}'II from the STF: (a) Three.fourtbs of STF mon~ shall be made .I\vailable annU{lJIy to gl!vernin( bodies on the basis of PClPulation diStribution. Tliis will be known as the STF Formula Allocation; and . (b) Of the t"('ft1..inin~ one-courth ofSTF mon~; (A) An lIdminiGb'ative aIlobneilt of $2,000 shall be made available annual~ to eaeh ~body; (B) A minimum allocation Shall be-maae available annually as a supplement to the moneys made available based on popUlation. This minimum allocation, when combined. with formula moneys, will ~ual at least $16,000; and (e) Any remaining mone)'!! shall be set aside to a Special Transportation Fund discretionary account from which gr&I!ts may be awarded by the Oregon TrallJlportation Commission. This is mown as the STF Discretionary Program. The ultimate use of the STF discretionary account shall be for (March,1991) SION EXHIBIT a .' . , transportation services for the elderly and disabled as described under ORS .39L830_ , Stat. Auth.: ORs Ch. 323, 391." 816 Hiat: Pl'D 1-1986, (. Ie eC. 1-10-86; PrD. ;L~1ll87, (." eC.'11- 24-87; Pl'D 1.l989(temp) (. Ie crOrt. eC. ~-89; P'i'D 1- 1990, (. & oet't. et 6.31-00; n;;.,:..iDbered. tn.m.n2-46-0i!(1) (ED. NOTE: The lert of Temporal)' RuI...1a DOt printed In the 0Rg01l Adm\niatrotiYe RuI.. Compl1atlo... Copt.. may be obtained c",m the _""piing ageocyoi'the SOcretiIjoot\ltateJ List of Services 732-05-025 [PTD 1-1986, t: & et: 1-10-86; PTD 1-1987.. f. & et: 11-~7; Suspended. DY PTD l-1989(Temp), t: & cert. ef. 12-29-89; Repealed by PTD 1-1990, f. & cert. ef. 5-31290] Eligible Recipients of STF Moneys 732-OiHl27 (1) STF moneys may be distributed to the followinlf- . (a) 'lb districts where they. exi~t; (b) 'lb counties where no districts exist; and (c) If two or more districts are located in one counh., the monies shalI be distributed to the maSs ~(t district. If there is no mass transit district located in the county, then the moneys shall be distributed to the transportation district with highestJ>OpuIation. (2) Districts and counties receiving STF moneYs are known as governing bodies. Stat. Auth.: ORS Cb. 391" 816 Riat.: Pl'D 1-1ll86. (." eC. 1-10-86; PTD l-1ll87, (. "eC.11- 24-87; Pl'D l-l989('1emp), (. " e>e<t. e(. ~-89; PTD 1- lll9IJ, f. & ""rt. ef. &-31-90; Rennmbered. from 132-05- 01&(1)(_<1 (ED. NOTE: The lert of'l\omponu)o RuletlIa DOt printed In the Oregoa. Adm\nIatntiYe RaIe8 Compilott_ 00pIee may be obt.ined from the adopting ogeocyorthe SeeraaryofSWe.] '132-05-030 [Renumbered to 732-10-020] STF Local Adviso Committee ~uirements 732-05-031 (1) ~e gove~ ~ of each fDaSj; transit district, transportation Cfistric:!;, or county that is eligible to receive STF moneys slialllqlpoint an adviso~ committee to advise and assist the governing bOdy. . .' (2) To be qualified to serve on the advisory comnnttee an individual shall: (a) Reside in the county; and . (b) Be an elderly or disabled user of tn\nspo!tation services in the district or county; or (c) Be an individual who represents a service that is engaged in ~dinl! b'anspo$tion services to the elderly or disabled' within the district or county. The provider representative may reside outside the diStrict or CC!untv; . . (d) An elderly or disabled. person who lives m an area of the diStrict or county where there are no . public transportation serviCes; , (e) A representative of elderly persons; or (f) A representative of disabled persons. (3) Members and employees of the governing body may not serve as voting members on the .. ., ..____.--~-_.~- "..o._"....__.~__...._;"u...~~.,_~___. " ,,""",, REGON ADMINISTRATIVE RUL- CHAPTl 132, DIVISION 5 -PUBLIC TRAN:::'__ ...IVISION EXHIBIT B advisory_Committee. (4) The p~se of the advisory committee is to advise and asSISt the ~rning body in carrying out the purposes of the . (a) The advisory committee -may consider s~fic providers, services and funding levels for elderly and disa1>led transportation and submit recommendations to the ~rning body, (b) The adviso1)' committee shall review the propos~ distribution of formula moneys by the governmg body; (c) The advisory committee shall review STF discretionar)' grant proposals and make recommendations to the governing body; (d) The advisory committee ma)' propose an).' chal}ges to the proposed STF distribution It conSIders necessary; (e) The advisory committee, in CllI!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 mee~; (b) Have at least three voting members; (c) Meet a sufficient nUl11ber of times so as to advise the governing body in carrying out the purposes of the STF. (6) The number and terms of the members of the adviso!)' committee shall be determined by the governing 1lody. (7) The governing body shall nol?f1 the Division of advisory committee membership. including changes in membership by filinG: a Roster oT Mvisoty Committee Members with Its application for funds or by filing an amended Roster of Advisory_Committee Meinbers. (8) The governing body shall make copies of advisol')' committee minutes and meeting notices availa1>le to the Public Transit Division upon request. Stat. Anth.: ORB Ch.lI23, 891, &'816 JIist: PrD 1-1986, t:. & eC. 1-10~; PrD 1-198'7, t:. & eC. 11- 24-87; Pl'D 1.l989('llomp), t:. & eert. et:. 12-29-89; PrD 1. 1986, f. & ef. 1.10~; pm 1-1990, t:. & eert. er. 6-31-90; Renumbered from '182-06-065 (ED. NOTE: The terl oC'1emponuy Rules Ia not printed in the Oregon Administrative Rules CompUation. Copies mar he obtained from the adopting &g'011C)' or the SecretaIy or State.] 732.05-005 !Renumbered to 732-1()-()25] - Accounting Requirements of the STF Profs~6 (1) The governing body shall receive and disperse STF moneys from a separate governmental fund. (2) Inspection of Records and Services: (a) STF recipients shall permit the Division.. the Secretary of State of the State of Oregon or their authorized representatives, upon reasonab\e notice, to in-"l'ect all transportation services provided by the STF, recipient~ or any organization acting on the STF recipient's DehalC' (b) STF recipients shah permit the Division.~ the Secretary of State of the State of Oregon or tneir authorized representatives, upon reasonab'e notice, " "l" access to aU data and records relating to the transportation system and its ~ement, as well as the physical premises and eqwpment of the system. (3) Record Retention: , (a) The governing body shall maintain aU financial records for at least three )'ears after the Division's final disbursement for the fiscal year; (b) The ,governing !Jody shall maintain all records relating to capital pui-chases for three years after disposition of equipment. Stat. Auth.: ORB Ch. 823, 391, & 816 Hiat: PTD 1-1986, r. & eC. 1.1~; P1'D 1-198'1, r. & eC. 11- 24~1; PTD 1.1989('lemp), f. & eert. eC. 12-29-89; P1'D 1- 1990, r." eert. eC. 5-31-80; llenumbered from ~o- (ED. NOTE: The text ofTempo~ Rules Ia not printed in the Oregon AdminIatrative Rules COmpilatio.... Copieo IDAl)' be obtained from the adopting agency or the SecretaIy oCState.] 732-05-040 !Renumbered to 732-1~0] Capital Purchase Requirements '132-05-041 (1) Capital e~'Jlment may be purchased with STF moneys. pment must be used for the purpose of provi ing elderly and disabled transportation. (a) Any vehicles purchased in whole or in ~ with STF moneys snall be registered with the Ore.,gon Department of Transportation Motor Vehicles DiVIsion in the name of the gov~ bo9Y or in the name of the organization receiving the equiS,fWJ;e vehicle is ~stered in the name of the organization receiving the equipment. and that organization is not the governing Aod:y,. the governinll' body will be listed on the vehicle title as security interest holder. (2) When the 8CI1Ppment is no lo~r needed for elderly and disabled transportatlon. the net proceeds from a sale or an amount ~~uaI to that value must be returned to the local srF. If other funds were used in the--,,-urchase, then only' the proportion representing STF partiCIpation sh8ll be returned to the STF. (3) The governing body shall notify the Division of the sale of equipment purchased with STF moneys and report the use of proceeds from such sale. Stat. Auth.: ORB Ch. 823, 391, " 816 Hiat: PTD 1.1986, t:. "eC. 1-1~; Pm 1-198'1, t:. & eC. 11- 24~1; PTD 1-1989(Temp), f. & cert. eC. .lVl9-89; PrD 1- 1990, C." cert. er. 6-81-80; llenumbered from '182-05-015 [ED. NOTE: The text of '1emponuy Rules Ia _ printed in the Oregon AdminIatrattve Rules Compilation. CopiellDAl)' he obtained from the aclopUna' agency or the SecreWy oCState.] 732-05-045 !Renumbered to 732-10-0351 Audit Requirements 732~5-046 (1) STF moneys shall be specifically addressed in the governing IJody's annual audit. If requested by the Division, the district or county shall provide the Division with a copy of the audit repo(rt.) Th D' . . dd't' I 2 e ,vISion may request a 'Iona information including, but not limited to, audits of (March,1991) +-,.,_.~._._-~---,. .~., -_.~."..-...,_._"~_'_~'< .. ,- "~EGONADMINlSTRATIvERULF!:'::'. . CHAPTI . DIVISION 6 -PUBLIC TRANf. 'SION EXt-fIBIT B . -., specific projects or services. Stat. Auth.: oils Ch. 823, 891. it dl6 . . . Hist: P'1'D 1-l986, C. "'.;t I-IO~ P'1'D 1-lS81, C. '" cC. 11- U-87; P'1'D 1-1lI89('lempl, r. '" cert. ef. 12-_; P'1'D 1- 1990, r. '" cert. cC. 6-31-80; ReD~ hiD 732-05:080 [ED. NOTE: T1i~ text dr~RuIe. l8 DOt piIalM In the Oregol1 AdmInlatratl... Rule. Ccidlpl1oit1ol& OOjll& li1l\r be obtained fn>m the adoPtIng ageacy or the Secretayol'State.] 732-05'()50 [Renumbered to 732-05-056] Reporting Requirements 732.()5.()51 (1) Purpose: (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 measure the effects of the p~m; (c) 'lb provide information to the l<igtslature. (2) Requirements: (a) The district or county shall submit, or require its providers to submit, a quarterly repOrt to the Public'rransit Division; (b) For projects funded b~ the Formula ProI!ram, a rejlOrt form, proVided by the Division shall be completed for each provider on the list ot services. The reports shall eonwn information about the nature and scope of serviCes provid4!d; (c) The countf or district may require additional reportUu!' information from its proviaet'S; (d) Reports snail be due within 45 days followinE tile end of a~r: (e) l<'or projects funded bv the discretiona~ prow.am, a report form wilf~ proVided by the DiVISion to be completed as requiniii. Stat......th.: ORS Ch. 823, 1191. '" 816 HIot: P'1'D 1-l986, C. '" et I.I~ Pl'D I-J987, C. '" et 11- U-87: P'1'D 1-l.989('lempl, t '" cert. ef. 12-29-89; Pl'D 1- 1990, C. '" cert. et 6-31-80; Renumbered rr- 73U5-086 (March,1991) [ED. NOTE: The text oCTempo....,. Rulea!Ai _ printed In the Oregon AdmiaIatt-atlve Rul.. CompUatlOli. Copl.. ....".1>;> obtained Iiilm the adoptiDg agellG)'Gr the ~orStateJ . 732-05-055 [Renumbered to 732-10'045] , Withholding of Funds frori1 a Goveiiiin( Body 732.05-056 (1) The Division mlly Withhold payment ofSTF moneys if (Ii) The funds are not being used it1 4i:i:Ordance with these .mles; . (b) All required reporting has not been submitted; or (c) There are any Unresolved fludit imdings relating to the STF. . (2) lf audit findings indicate STF moneys were used improperly. the governing l>ody shall repay the STF that portion used improp&iy. stat......th.: ORS Ch. 323, 391. '" 816 Hiot: Pl'D 1-1986, C. " eC. I-IG-86; J'TD 1-19ll:!'. c. '" et 11- U~7; P'1'D 1-1989('1empl, c. '" cert. et ~'lI9; Pl'D .1- 1990, r." cort. er. UI.sG; Renumbered &om 73Z45-4S0 [ED. NOTE: The text ciC'leaIpoiUy Ra1eio Ia DOt priDted In the Oregon AdmInlctntIve Rnlea CompI1atioli. Cople. ma.Y be obtained from the adoptiDg lIll"Dt:Y or the SeCzeur,yol'$tateJ 732-05.()60 [Renumbered to 732-0~16(1-4) and 732-10-040] 732.()5.()65 [Renumbered to 732-05-031] 732.()5.()70 [Renumbered to 732-05-036] 732-05-075 [Renumbered to 732-05-041] 732.()5.()8() [Renumbered to 732-05-046] 732-05-085 [Renumbered to 7~5.()51] _."--~...._-_.__.~,-->-----,-~.---_._~.~---._----_._-_.. "'REGON ADMINISTRATIVE RUL CHAP'I .~2,DIVISION10-PUBLICTRM "lIVISION DIVISION 10 submission of the application. (3) A list of services including the names and THE SPECIAL TRANSPORTATION FUND addresses of the providers, the type of service to be FORMULA PROGRAM provided, service area, and amount of funding antici tOO. (W The governing body may amend the list at any time by filing an amended list with the Division' . (b) The total cost estimate of all services listed and any contin~en~ shall not exceed the sum of the annual distribution estimate as supplied I1Y the Division, prior year STF moneys remaining available In the state account, and the STF moneys on hand in the local C!lverning body srF account. (4) Planning ana development projects shall also be listed and described m the list Of services. The description shall identify who would do the work, when it would begin <@Jld be completed, and what purposes or products are to be achieved. (5) Capital puicl1ases shall also be described on the list of services. (6) If an applicant is a district, a breakdown of the county population indicating.the number of individuals who live within the distriet, and the number who live in the county outside the district, shall be provided to the DiVIsion. The proportion shall be b8sed on the last federal decennial census. (7) The district shall provide a description of the method used to substantiate the population figures.. The district shall provide a bnialtdown of expenditures both inside and outside the district. The Division shall review and approve or disapprove the method and the proposed expenditures. (8) Other information Jlertaining to the proposed serviee and uses of funds as may be requested by the Division. . . (9) Signature of authorized official (chairman or general manager) of the governing ~ (10) The governing body shallldentify the source and amount of fUilds contributing to its total progr:aDl of ~ding transportation services to the elderly and' led. (11) The governing body shall identify funds held in contingency and describe a plan tor their use. ,-""). Program Purpose 732-10-065 The STF formula program is intended to provide a reliable and continuing source of revenue in sUP~~~~h of transportation services for the elderly and' led. (1) Revenues from the Special Transportation Fund are made available in an annual allocation cycle. (2) srF governing bodies may apply at any time during the annual cyCle. (3) Money is paid regularly to the governing body upon approval of application. Stat. Auth.: ORS Ch. 323, 391" 816 mat.: PrD 1-1990. f'';& cert. er.1HI1-90 Formula Distribution 732-1~10 For those STF moneys distributed by fonnula: (1) Eaeh county or district shall receive a portion of the srF monies based on the county's Share of the state population. (2) The county population shall be determined bY. the most recent annual estimate of~u1ation of CIties and counties by the State Board of Higher Education (ORS 190.510 to ORS 190.610). (3) The Publie Transit Division shall estimate distributions eaeh January to be effeetive the following July L If necessary, the estimate may be adjusted to reflect actual tax receipts. (4) The Publie Transit Division shall distribute srF monies regularly. Stat. Anth.: ORS Cb.lI23, 391" 816 Hiat.: PrD 1.l986, (. " eC. 1-10-86; PrD 1.1S81, (. " eC. 11- :u.81; Pl'D 1-1ll89('1'emp), (. " cert. et 12-29-89; Pl'D 1. 1990, (. '" cert. eC.li4I1-9O; ReDumberecl from 132-0~~- 6) (ED. NOTE: 'l'be text oCTemporaJ)' Ruleo Is DOl. printeclln the Oreguu Adm\nIstntI... Rules Compilatloa. Coples may be obtained from the adopting ageocy or the SecretaIy or Stale.l ~p1icatiOD8 Procedures for the STF Formula program 732.10-015 For those moneys alloeated by formula, administrative allotment and minimum allocations, the governing body shall submit a eomplete applieation on forms supplied by the Publie Transit Division. The application shall include the following information: (l) Roster of the Advisoty Committee members. The roster shall include each member's name, address and an indication of whether they are: (a) Users of elderly and disabled transI>.<!rtation' (b) Providers of elderly and aisabled transportation; (c) An elderly or disabled person who lives in an . area of the distriet or countY where there are no public transportation services; (d) A representative of elderly persons; or (e) A representative of disabled JlCrsons. (2) An assurance that the AdVlSOry Committee has met and acted in accordance with these rules and advised the governing body prior to the " 'f EXHIBIT B Stat. Auth.: ORS Ch. 323. 391" 816 Hiat.: Pl'D 1-l986, (. Ir. et 1-10~; Pl'D 1-1S8'1, C. '" et 11- 24-81; PrD 1-1ll89('1'emP), (. " cert. et lVl9-89; Pl'D 1- 1990. (." cert. et 1HI1-90; Renumbered. from '/32-06-020 (ED. NOTE: The text oC'1empol?lY Ruleo Is DOl. printed In U1e Oreguu Mm\ni8tntive Rules Compl1al1oa. Copies may be obtained Crom the adopting ogency or the SdcretuYoCStale.1 . Ap})lication Review '132-1~20 (1) The Public Transit Division shall review applications to determine if prog:am requirements have been met. If not. the DiViSion may ask for further information or clarification or may disappr.ove the applieation and advise the govemin~ body of the gounds for disapproval. (2) Grounas for disapproval may mclude, but are not limited to, the followil1lf. . (a) No adVIsory eomm1ttee or improper membership; (b) Advisory committee failure to meet and confer; .. (c) Governing body failure to confer with the (March,1991) __"".H_"....._........._.._.,."........"'.'..<__. <-_.. -<l'lEGQNADMlNISTRATlVE RULF'- EXHIBIT'a. CHAPTF DiVISlONI0-PUBLICTRAN 'lSION . advisoty committee. Rial.: PTD 1-1986, f... ef. 1-10-86; PTD 1-1981, f. & ef. 11- . (d) For fonnu\a applications by districts, 24-ll1; PTD l-l989{Temp), C. I< e>ert. ef. 12-29-ll9; PTD 1- dlsprollortionate allocation inside and outside 1990, f. I< cert.ef. 6-31-90; Renumbered from '132-05-040 district boundaries' (e) The use o? STF moneys to supplant the [ED. NOTE: The teott of'llomporaty Rutes \a DOt printed in govemi'!lt bocb"s local appropriation CWTeI1t\y Used the Oregon AdminIstrative Rules CouipilaUon. COpieS mAl be to provide elderly and disabled transportation obtainedfromtheadoptlngagencyortheSecreWyoCState.i servIces. (0 Failure to comply with required assuranceS; Distribution of STF Formwa iilitl. MiJHDiliin and Allocation Moneys by the Govern~ Body (e) Funds are not being used in accordance with '132-10:035 (J.) D~iribution by di$tticts:.. .. OAR 732-05-000 to 732-10-045. (a) Each district tluit receives S'i'F fuon~ shall distribute those moneys to providers of Stat. Auth.: ORS Ch. 323, 391 I< 816 transportation for the purpose of financing and m.t.: PTD 1.1986, r. " of. 1-10-86; PTD 1-1981, r. & of. 11- improving transPQ!i&tion pro~ and.se~~ for 24-81; PTD l-1989('Thmp), C. " Oert. or. 12-29-89; PTD 1- the elderly and disabled reSidents ot the distnct 1990, r. & oert. of. 6-31-00; Renumbered Crom 13z.05.030 and the county{s) in which all or a portion of the district is located; [ED. NOTE: The teott ofTempolalYRules luot printed in (b) The district is respoasible for funding the Oregon Administratl>e Rules CompDation. Coples may be Ilroviders both within its bOUndaries and outside obtained from the adopting agency or the Secretary of State.] them in the surrounding county{s); (c) Services outside the district shall receive a Service Review proportionate amount of the STF based On the 732-10-025 (1) The Division shall review the popUlation outside the district; . pro~sed list of services in each application. The (d) The proportion shall be based on the last DiVIsion shall consider material submitted in the federal decennial census. . application, information furnished by providers, (2) Distribution by countieS: Each coUnty that and other information it may receive as the basis receives STF moneys shall distnoute..thoSe moneys for funding approval. to providers of trans{lortatioh for the purpose of (2) Grou!,ds for diS!lPpro,:al. of funding for financin~ and improvmg transportation pro~ams serVIce shall mclude, but IS not \tmlted to, a finding and serVIces for the elderly and disabled residents by the Division tluit: of the coun~. (a) A provider of service is in clear violation of (3) The governing body of a district or coun~ state or local laws or regulations governing shall: p~rtransportation; (a) Consult with itS advisory committee; (b) A provider of service is in clear violation of detennine the amount of money to be distributed to th~ laws or roles of this program or is improperly a provider of transportation and the purposes for USIng frogram funds; wliich the money must be used; . (c !> provider of service is incapable of (b) Assure that the funds are to be used for perfonmng or has not performed the service in a purposes permitted in these reguJations; . Safe, }lrudent and timely manner. (c) Assure that providers included in the liSt of ~3) Reviews by the Division shall cover the services continue to use the funds for the purposeS . provider and type of service to be provided. permitted in these r~tionS; and .(4) Disapp~ved services I plAnni'lg, ~r capital (d) Distribute the funds on a regular basis to projects can be Improved ana resubnutted through the providers included in the list of serVices an amended list of services. submitted to the Public Transit Division. (5) The governing body shall retain (4) STF moneys shall be received and disbursed authority over costs and allocations within its from a separate governmental fund. jurisdiction and may shift funds among approved (5) If any interest is earned by the goveminE providers as necessary for the desired services. body from investments of STF mone~ it shall (a) Adding new providers requires Division remain in the local STF account and sh8II be used approval' and for the local STF pro~. (b) Changes in the distribution of funds among (6) The governing body shall enter into written . already approved providers does not require agreements with transportation providers. Division approval Stat. Auth.: ORS Ch. 323, 391" 81S Hiat.: Pl'D 1-1986, r. & or. 1-10~;pm 1-1981, r." eC.11- 24-81; Pl'D 1-1989('Thmp),r." eert. er. l2-29~ pm 1- 1990, f. & oert. of. 6-31-00; Renumbered from '132-05.036 [ED. NOTE: The text .fTemponuy RuIeo \a "'" printed in the Oregon Administratl>e Rul.. Compnation. Coples may be obtained from tho adopting agency or the SecretaIy of StateJ Disbursement of Funds 732-16-030 Upon approval of the application the Division shall disburse the funds. Stat. Autb.: ORS Ch. 323, 391 I< 816 (March, 1991) " ... Stat. Auth.: ORS Ch. 323, 391 & 816 Hisl.: PTD 1-1986, f." of. 1-10-86; PTD 1-1981, f." of. 11- 24-ll1; Pl'D 1-1989('Thmp), r. " eert. or. 12-29-89; PTD 1- 1990, r." oert. eC. 6-31-00; Renumbered from 132-0~5 [ED. NOTE: The text .C'Thmponuy Rut.. Ie _ printed in the Oregon AdminIstratlvo Rules Compilation. Copies may be obtained from the adopting agency or the SecreWy of St&le.] Use of Funds 732.10-OMl 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. . ._...,,____"_-l-.._.__--~-______~'__~,._..~.____.__.__'_.__~. -,~_..,- '-OREGON ADMINJ.STRATIVE RlJT:" , CHAP'. 82, DIVISION 10 - PUBLIC TRA ....DIVISION (1) The STF moneys may be used as matching funds for other state and federal programs that also provide transportation service to the elderly and disabled. (2) The administrative allotment may be used for administrative expenses associated with the distnbution of STF money!! bY the governing body up to $2,000 annually. Sucn 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.: ORB Ch. 323. 391 " 816 Hist.: pro 1-1986, r." er.1-10~; pro 1-1987, f." er. 11- 24-87; PTD 1.1989('1\!mp), f. " Clert. ef. 12-29-89; PTD 1- 1990, f. " oert. ef. 6-31-90; Renumbered from 732-05-060(1- 2) ~. ~ EXHIB.lT B [ED. NOTE: The text of'lemporuy Rules I. not printed in the Oregon Administrative Rules CompUation. Copies '.may be obtained fiom the adopting agency or the SeaetaJy of State.] Redistribution ofPro~ Funds '132-10-045 For formula moneys, the Public Transit Division shall redislnbute funds tha't have not been requested after three years to participating governing bodies. stat. Auth.: ORB Ch. 323. 391" 816 m.t.: PrD 1-1986, f." ef. 1-10-86; PTD 1.1987, r." ef. 11- 24-87; PTD 1-1989('l\!mp), f." Clert. ef. 12-29-89; PTD 1- 1990, f." oert. ef. 6-31-90; Renumbered fmm 732-05-455 [ED. NOTE: The text of'lemporuy Rules is not printed in the Oregon Administrative Rules Compilation. Copies may be obtained from the adopting agency or the SeaetaJy of State.] (March,1991) -- -- ...+--"---~-,.~-,,.- ATTACHMENT C STF APPLICATION FOR FY 1993-94 ~lEf~~8'lEfID MAR 1 7 1993 SALEM AREA TRANSIT SECTION A: SUMMARY PAGE address: Woodburn Trans=rt.ation Services 270 M:>ntgarery Street Woodburn. OR 97071 1. Legal name of your organization: phone: (503) 982-5245 '>~ 2. Name and title of preparer: Randall Rohman Public Works Proaram M;maaer 3. Is your organization... Public Private x Profit Non-profit x 4. Your organization is based in... the Urban Growth Area (UGA) Marion County, outside the UGA X Polk County, outside the UGA 5. You are proposing to provide service in... the Urban Growth Area (UGA) Marion County, outside the UGA X Polk County, outside the UGA 6. This application is for... Operating funds only X Capital funds only Planning or Demonstration funds 7. Amount of application... Operating funds $ 17,140 Capital funds $ Planning or Demonstration Funds $ NOTE: Enclose with your application a copy of your audited financial statement or financial review for your organization's special transportation program (most recent year available). .. 'f ^ _....__________"...-..---.--...-.--.. ._"_b.'..~~. '" SECTION B: OPERATING INFORMATION 1. Purpose of request... Fund the operation of an entire transportation program, using STF funds exclusively Supplement operation of a trans- portation program which will also use other funding sources X '." If supplementinq, what percentage of your total transportation program operating costs will be covered by STF operating funds? % 43 Capital purchase only Other purpose (explain) 2. Is the proposed service ... new service, previously not provided in your area ... continuation of existing service X ... improvement/expansion of existing service ... reinstatement of previously-provided service 3. If the proposed service is a continuation of existing service, why are STF funds needed for this continuation (check any that apply)... . .. STF funds were used last year X ... other revenues have decreased or been discontinued ... transportation revenues are being shifted to other areas of our overall agency program ... Other (explain) 4. How many individual persons will your STF transportation program serve? (if you are an agency, how many of your clients will be eligible to use the service - if you are a public provider, how many qualified elderly and/or handicapped people will be eliqible to use the service proposed?) 5,135 2 '" ... . ..,.--"~...._--_.,.._,-,.,.~,~,,".-.-.-....,,-,,.", 5. How many person trips (round-trip counts as two) do you estimate your program will provide in FY 1993-94 (July 1, 1993 - June 30, 1994) 4,500 How did you calculate chis estimate? FY 91-92 trips were 4204. For the first eiqht m:mths of FY 92-93. 3.007 t-ri p" h""p hPPn pr""i r1PQ 6. Proiecting this out for t-hp full v~r results in "Wf"xim"t-ply.4 ']00 We are utilizing the same figure for the FY 93-94 projection. If STF funds will only be supplementing a portion of your transportation program, how many of the above trips will. result just from the STF funds " you would receive? 3.000 8. How much STF funds are you applying for to cover operatinq expenses? (exclude capital expenses) What will be your STF operating cost per trip? (should be the result of dividing 47 by #5 or 46 - if different, explain result is fran dividing $17.140 7. $ 3.81 #7 by #5; if #7 is divided by #6 result is $5.71. 9. Are there other transportation providers in your area who could provide any or all of the services you are proposing? If yes, why are they not currently providing the service? No 10. Have you coordinated your transportation services with any other agencies? If yes, how? If no, why not? Yes. By periodic contact with local social services agencies and senior citizens groups. 'llIrough attendance at conferences, attendance at social service xreetings, and contact with other transportation providers. 3 .. ,. , ~. _. ,,,'._-,~_..".'. ,., .--,,_..__.-...__.~.--.........~,_...-----._~._~-_..._----_., 11. Which of the following describe your proposed clientele? (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) , ~ 12. Which of the following describe the types of trips you are proposing? (check all that apply) Recreation X "Mealsite Education/Training Vocational Medical X Shopping X Other (explain) X Non400dical appts. /Misc. 13. How many years has your organization provided special transportation services for elderly and/or handicapped persons? 21 14. If you do not receive any STF funding, or only a portion of your requested amount, what options are available to you to operate your program? How would you propose to provide the service you wish to offer in FY 93-941 If no STF funding was received the volunteer driver medical llW'in~nt service would have to be severly restricted and cutbacks in the or>erllting hours of the van would have to be made. If only a pOrtion of STF funding was received the scope of service would be cut back praportionallv with the portion of requested STF funding. Any cuts exceedinq 5% in STF funding requested will require saoo cutbacks in service. 'lHIS RmEUST IS 'ill PROVIDE "STA'lUS QUO" SERVICE. 4 .. 't ___.,,+,_...__,_.~_..._______'_4 ".._.....__ .. ..._.,_, SECTION C: PROVIDER BACKGROUND INFORMATION 1. Give us a brief overview of your organization, your, organizational goals, the primary function of your organization, and the way in which the transportation services you are proposing to provide fit into the function and goals of your organization. See Attached Sheet "-~ 2. Program Description: In the area below (not on a separate attachment), please provide a general description of the services you propose to operate with STF funding. Days and hours of operation: Dia1-A-Ride Van on 'fuesdav and Thursday, 9:30 am to 4:00 pn; Voltmteer drivers provide trips all wef'.k as required. Types of clientele and trip purposes: Elderly and disabled residents of the City of Woodburn. Medical, shoppinq and miscellaneous. Geographic area served: Within the city limits of Woodburn, Oreqon. Number of individual persons (unduplicated clientele) you expect to provide rides for in the course of the year: 538 5 " T _._---".""._._--.....".._"._"...._.....-..<._~_._---,._-,'.._...--.-... Please provide a written description of your proposed service: Woodbum Dial-A-Ride, which is requestinq STF SllPPOrt aaain this YPfir. provides tYK> services to an est:in1ated 5.135 elderlv and diahl<erl rp",inpnt-" of the City of Woodbum. The first service is a lift-equipped van which ooerat-ES on 'I'11p",n"1'" "nn Thursdays fran 9: 30 am to 4: 00 ]:Ill to provide trans=,-t-",h on for "hnppi ng , rredical appoint:rrents, or'miscellaneous needs within the Cit'Y' of Woodbum. There is a $2.00 round trip charqe for ridinq the van. The se=nd service is a coordination proqram where elderlv and disabled residents are provided transportation to medical appointrrents. The rides are provided by volunteers, all are senior citizens fran the Citv's Retired Senior Volunteer Program, who utilize their personal vehicle and are reimbursed for mileage. Transportation is provided to rredical appoint:rrents locally, and also fran Salem to Portland. Recipients of the transportation are asked for donations. 3. Vehicle Roster: Provide the following information for all vehicles presently available to you for operating the special transportation services being proposed. (Attach a page if more space is needed) Type of Year Vehicle seating Capacity Lift Equipped? Mileaqe Condition 1991 Collins 10 Yes 14.100 'F.x~11pnt- 6 ... T ..- -,..,._._..,~._._. -'-'~-"-""'-~'--~'''''------''-'--~-~.'-'"-''~--~-''"--''- , C.1. City of Woodburn Transportation Services consists of two parts, the Woodburn Transit System, a fixed route public transportation program, arid Dial-A-Ride, a dema.nd/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, as approved by the City Council, are as follows: 1. To coordinate existing demand/response transportation service with projected requirements in the urban growth area.to provide safe, reliable, and efficient means to 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 the elderly and disabled residents for medically required visits to facilities located outside the urban growth area. A copy of the Transportation Development Program which details the programs supplied to the City of Woodburn by Woodburn Transportation Services has been included with the application package. Public input on system operation is regularly requested through public notices and public hearings on the services provided. The primary and only function of Dial-A-Ride is to provide transportation for medical appointments, shopping and other needs. The operation of Dial-A-Ride is inexorably dedicated to fulfilling, within the limits of available resources, the goals and function state 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. -', 4. Vehicle Maintenance a. How are the service and maintenance needs of your \ vehicles determined? Who makes the determination? City service technician maintains a rP.g111nr ~Prv;('p c::("'hMl11p 'h~c::.Prl upon factory recarrnendations on the vphi,,1p ;"" "",,11 "'c: p<>rfnrrnin'J repairs as needed. Proaram Mnnnoer cmrn;nrlrpc:. c::.Pn.T;~ r~';r~T1"lC>nts. b. Who performs maintenance on your vehicles? If you have lift-equipped vehicles who does the maintenance on the lifts? Are the lifts routinely inspected? City service technician or ~rci;:tl ~h()p npp=onninlJ ("'In +-YI'~ r"\F maintenance reauired for vehiclp. n:nci 1; ft- A nrhTPr inc:.pprt-c: 1; F+- each operatinq day. c. In the event of breakdown of a vehicle, what backup capability do you have to continue your transportation program until repairs are made? Service is continued utilizina othp.r Trnn~n-Rt-; nn ~:::;p"r'\T; ("PC:: 5. vehicles. Sc::Ire pickups may have tD he r.;ln"p 11 M ",nn '" li fr equipped vehicle may not be available. Staff Roster: List the name and job title/function of employee involved in special transportation in organization. (Attach a page if more space is needed) each your Name Job Title/Function Randall Rohman Public Works Proqram Manaqer/directs overall operation as 10% of total responsibility Brenda Williams Coordinator-Dispatcher (part-tine) / Coordinates passenger requirarents as a portion of overall responsibility Wke 01ap:nan Driver (part-time) /operates Dial-A-Ride Van 7 ... ". ----<~-~'.~--'-_..,~._~"~._"'.,-_._~_. -,-_., '" . "\ SECTION D: STF PROGRAM BUDGET Use the following forms to indicate how you propose to utilize STF funds. Use only those line items in which you proposed to spend STF funds. If, for example, you are only applying for funds to cover drivers wages, you would show th.a amount requested on line 7, "drivers", under personal services. The total net expenditures shown will constitute the amount of your STF request. Your application will be evaluated, in part, on your line :item budget, so please be as accurate as possible in its construction. '..' PART I. FOR OPERATING, PLANNING, OR DEMONSTRATION GRANTS ONLY ****PROGRAM EXPENSES**** LINE ITEM PROPOSED COST -------------------------------- -------------------------------- -------------------------- -------------------------- PERSONAL SERVICES 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 3267 1085 2612 1297 9120 o 5634 9200 TOTAL PERSONAL SERVICES 32,215 MATERIALS AND SERVICES l. 2. 3. 4. 5. 6. 7. 8. 9. ",. OFFICE SUPPLIES GAS & OIL INSURANCE/BOND AUDIT PRINTING VEHICLE MAINTENANCE FACILITY MAINTENANCE PROF./ADMIN. SERVICE CONTRACT SERVICES: 450 ;QOO l1~O o l~O lJOO o o o o o 8 1 . .~.~>.---~._._"._---_.. " ---~~^_.~,--,._,------.,._.._~_._._,.._-".. . . . . . 10. TELEPHONE 11. RENT 12. ADVERTISING 13. EQUIP. LEASE 14. UTILITIES 15. MILEAGE/PARKING 16. LICENSES/FEES 17. TAXES lB. PROF. DEVELOPMENT 19. MEETINGS/CONFERENCES 20. OTHER (DESCRIBE) Unifonns 400 o 300 o o o o o o 400 TOTAL MATERIALS & SERVICES 150 '..' 7.600 TOTAL STF OPERATING EXPENSES (Personal Services plus Materials and Services) $ 39.815 ****PROGRAM REVENUES**** (List only those revenues which will be used to offset the above STF expenses) 1. 2. 3. 4. 5. 6. FARES DONATIONS GRANTS, BEQUEATHMENTS FEES MATCH FUNDS OTHER City General Fund and Cash Carryover 2,240 5,260 o o o 15,175 . TOTAL REVENUES $ 22,675 ****TOTAL STF OPERATING APPLICATION AMOUNT**** OPERATING EXPENSES MINUS PROGRAM REVENUES $ 17 ,140 ------------- ------------- 9 ..... T- . -~ c . .. EXHIBIT D '-":"--',',"',,'.: .....:'... PROGRAM 'BUDGE'l'.:,i;;~,;.;.::.",,;::...'! .. '"" , ~.-: ',:';: ,'- f, -. ,.".,. CONTRACT #: STF-8 AGENCY NAME: CITY OF WOODBURN I 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.) LINE ITEM PROPOSED REVISED DESCRIPTION NUMBER* BUDGET BUDGET #'PERSONAL SERVICES## EXECUTIVE DIRECTOR 8011 FISCAL OFFICER 8012 ADMIN ASST 8013 l,085 500 PROGRAM MANAGER 8014 3,267 2,000 SECY/CLERICAL 8015 l,297 400 DISPATCH/COORDINATOR 8016 2,6l2 1,000 DRIVERS 8017 9,120 3,700 MAINTENANCE 8018 FRINGE/TAXES 8019 5,634 1,800 OTHER (DESCRIBE) 8020 Volunteer Drivers 9,200 3,500 SUBTOTAL PERSONAL SERVICES 32,215 ------------ ____~~~o~_ ##MATERIALS & SERVICES## TOTAL CONTRACT TRANSPORTATION SERVICES (See Attached Detail) PROF/ADMIN SERVICES VEHICLE MAINTENANCE PRINTING MILEAGE/PARKING 8030 8041 8042 8043 8044 2,300 250 150 *For SAT Use Only Page 1 of 3 Pages ... ". '_""'^M"->'"~___'_'''~'_''~_.____~_'__'_+''_'''__'__'_,"',_,' SUBTOTAL - MATERIALS & SERVICES 7,600 -------------- ______~_~..J:. 0 ~_ TOTAL CONTRACT 39,815 15,000 *For SAT Use Only Page 2 of 3 Pages ... 't. ~.^.."....-,~.._.,.~+._~.".~._----_.~--.,.."..._-,. .,..-.,.--.,. _.._.,_.,._-_.".----~---~_._"..__. ......--. . ,--,-,^- .. '.. ~ .. ~ EXHIBIT D PROGRAM BUDGET (CONTINUED) STF-8 J INFORMATION ONLY - PROGRAM INCOME List any revenues that will be used to support STF program expenses (DO NOT INCLUDE reimbursements from Salem Area Transit under this contract.) PROPOSED REVISED TOTAL TOTAL PROGRAM PROGRAM TYPE OF PROGRAM INCOME REVENUE REVENUE l. FARES 2,240 2,300 2. DONATIONS 5,260 5,100 3. GRANTS OR BEQUEATHMENTS 4. AGENCY FEES OR REIMBURSEMENTS 5. MATCH FUNDS 6. OTHER ( IDENTIFY) : City General Fund & Cash Carryover 15,175 16,700 841\contract\93\progbud4all *For SAT Use Only Page 3 of 3 Pages ~. ....