36-113-Resolution No. 80-215 Recorded 10/15/1980113
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Approving an Agreement )
Between the Public Transit Division, )
Department of Transportation, State j
of Oregon, and Deschutes County,
Oregon, to Provide Financial Assist- )
ance for a Program of Public )
Transportation Within Deschutes ) 8�r 1980
County, Oregon, as a Service to )
County Citizens and Residents ) DESCHUTES
Pq�ERSp1v
CUNT Y CLEPK
RESOLUTION NO. 80-215
WHEREAS, a form of agreement to provide financial assist-
ance for a program of public transportation within Deschutes County,
Oregon, as a service to County citizens and residents has been
proposed; and
WHEREAS, the agreement has been reviewed by the Board of
County Commissioners of Deschutes County, Oregon; and
WHEREAS, the agreement is satisfactory to the Board of
County Commissioners; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, as follows:
Section 1. That the agreement between the Public Transit
Division, Department of Transportation, State of Oregon, and
Deschutes County, Oregon, marked Exhibit 1, attached hereto and
by this reference incorporated herein, is hereby approved.
JS -
DATED this day of 1980.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
ROBERT
/0�
TAMMY J.C RDSON
Recordin Secretary
RESOLUTION NO. 80-215, PAGE 1
r
I
AGREEMENT
VOL 36PAGE I'14
This Agreement is made and entered into by and between the State of Oregon by
and through its Department of Transportation, Public Transit Division, herein-
after referred to as "Division," and the County of Deschutes.
hereinafter referred to as "Contractor."
WHEREAS, pursuant to Chapter 230; Oregon Laws 1977, the Oregon Transportation
Commission through Division is authorized to enter into contracts and disburse
funds for the purpose of supporting public transportation; and
WHEREAS, Section 18 of the Urban Mass Transportation Act of 1964, as amended,
provides for operating assistance funding in nonurbanized areas; and
WHEREAS, the Governor of the State of Oregon in accordance with a request by
the Urban Mass Transportation Administration, hereinafter referred to as "UMTA",
and the Federal Highway Administration, hereinafter referred to as "FHWA," has
designated Division to evaluate and select projects and to coordinate the grant
application; and
WHEREAS, pursuant to Chapter 586, Oregon Laws 1979, the 1979 Legislative Assem-
bly authorized State General Fund assistance to transit systems; and
4
WHEREAS, Contractor has submitted an application which describes the area to
be served, the type of transportation service, and the need for funding.
El X914617- 2
2 VOL WAGE 115
NOW THEREFORE, in consideration of the mutual covenants herein Division and
Contractor Agree to be bound by the terms and conditions of the General
Provisions which are attached,and are by reference incorporated herein, as set
out except for:
In addition, Division and Contractor agree to be bound by the terms of the fol-
lowing special provisions:
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3
Vol 36PAGE 116
This Agreement is approved by the Administrator of the Public Transit Division
under authority granted him by the Oregon Transportation Commission. Said
authority is set forth in Oregon Transportation Commission Delegation Order
No. 24, adopted by the Commission on June 19, 1979.
Signed this day of 1980.
APPROVED AS TO FORM
Assistant Attorney General
STATE OF OREGON BY AND THROUGH
ITS DEPARTMENT OF TRANSPORTATION,
PUBLIC TRANSIT DIVISION
Administrator
Public Transit Division
CONTRACTOR: BOARD OF COUNTY
COMMISSIONERS OF DESCHUTES COUNTY,
OREGON
Chairman
Title
/Z6 04::
CLAY C. SHEPARD
Commissioner
it e
BER C. PAULS N, JR.
Commissioner
Title
4 VOL 36PAGE 117
GENERAL. PROVISIONS
PART I
DIVISION'S OBLIGATIONS
Section 1. Period of Performance. Upon approval and signature by the
Administrator of the Public Transit Division, this Agreement shall be effective
for the period commencing 8/26/80 and ending 6130/,81
Section 2. Contract Limit.
a. Division shall reimburse contractor for up to fifty percent
(50%) of the operating deficit and up to eighty percent (80%)
of the Administrative cost associated with project implementa-
tion. Such reimbursement shall not exceed $ -0- of State
General Funds and $ 9.615 of federal funds available under
Section 18 of the Urban Mass Transportation Act of 1964, as
amended.
b. Project funds beyond those required to match federal funds
at the rate of 50% for operating expense and 80% for adminis-,
trative cost shall be considered to be non -participating funds
for the purpose of federal -aid matching requirements.
Section 3. aeimbursement. Reimbursement to Contractor shall be made monthly.
on the basis of a report which shall be compiled and submitted to'Division in
the format detailed in Exhibit A, which Exhibit is by this reference
incorporated herein. Said reimbursement shall be subject to the satisfactory
completion of an audit of this grant.
VOL 6eAcE 1 .S
Section 4. Withholding of Payment. Division reserves the right to withhold
r
payment of funds if all required reporting has not been submitted, or if there
are any unresolved audit findings.
Section 5. Reallocation of Funds. Division reserves the right to reallocate
any unused portion of the amount specified in Part I, Section 2, which, based
upon Division's estimates, will not be used by June 30, 1981.
PART II
CONTRACTOR'S OBLIGATIONS
Section 1. Scope of Project. Contractor shall operate public transportation
services substantially in conformance with the description contained in its
application which is by reference incorporated herein as Exhibit B. Such trans-
portation services shall be available to the general public.
Section 2. Use of Project Funds. Contractor shall request, receive and dis-
burse funds authorized under this Agreement.
Section 3. Submission of Reports. Contractor shall submit to Division the
monthly reports contained in Exhibit A within fifteen (15) working days follow-
ing the end of each month. Division reserves the right to request such
additional information as may be necessary to comply with federal or state
reporting requirements.
i1
Section 4. Audit ReQUiroments.
a. Pre -Grant -Award. Contractor shall permit Division to conduct
at Division's own expense a pre -grant -award audit of contractor's
financial and management systems. Such pre -grant -award audit will
I
M
VOL 36PAGE 119
ensure that Contractor's financial management procedures comply
with the state and federal requirements applicable to this Agree-
ment. Funds available under this Agreement cannot be requested by
Contractor until such time as the pre -grant -award audit has been
completed.
b. Audit. Contractor shall, at Contractor's own expense, submit
to Division an annual audit covering the monies expended under this
Agreement and shall submit or cause to be submitted, the annual
audit of any subcontractor of Contractor responsible for the finan-
cial management of funds received under this Agreement..
Section 5. Access to Records. Contractor shall permit Division, the Secretary
of the State of Oregon, the Comptroller General of the United States, the
Secretary of the United States Department of Transportation, or their authorized
representatives, upon reasonable notice, to inspect all transportation services
rendered by Contractor, or any subcontractor acting on Contractor's behalf, and
all data and records relating to the transportation system and its management,
as well as the physical premises and equipment of the system.
Section 6. Contracts Under This Agreement. Unless otherwise authorized in
writing by Division, Contractor shall not assign any portion of the work to
be performeditiunder this Agreement, or execute any contract, amendment, or change
order thereto, or obligate itself in any manner with any third party with
respect to its rights and responsibilities under this Agreement without the
prior written concurrence of the Division.
7 VOL 3Gi'AGE 14
Section 7. Hold Harmless. Contractor shall save and hold harmless the State of
r e
Oregon, including the Oregon Transportation Commission, the Department of Trans-
portation, Public Transit Division, and their members, officers, agents, and
employees from all claims, suits, or actions of whatever nature arising out of
the performance of this contract including claims made under Section 13(c) of
the Urban Mass Transportation Act of 1964, as amended, except for claims arising
out of the negligent acts or omissions of the State of Oregon, its employees,
or representatives.
Section 8. Compliance with Laws, Regulations, Ordinances
a. Contractor shall comply with all federal, state and local laws, regulations,
and ordinances applicable to this Agreement. In particular the Contractor
agrees to comply with the following specific regulations:
(1) Non-discrimination. Contractor will comply with Title VI of the Civil
Rights Act of 1964 (78 Stat 252) and the regulations of the United States
Department of Transportation issued pursuant to the Act (49 CFR 21, Subtitle
A). Contractor will exclude no person on the grounds of race, color, sex
or national orgin from the benefits of aid received under this Agreement.
(2) Minority Business Enterprise. Contractor will provide for full and fair
utilization of minority business enterprises. Contractor will use its best
efforts to ensure that minority business enterprises shall have an equal
opportunity to compete for contract and subcontract work under this
agreement.
(3) Charter Bus Operation. Contractor, or any operator of public
transportation service acting on its behalf, will not engage in charter bus
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VOL 36?AGE 121
op,erations outside its service area. Within its service area, Contractor
may operate charter service provided that this service is only incidental
to, and does not interfer with, its regular service. (49 CFR 604 and 23 CFR
825).
(4) School Bus Operation. Contractor, or any operator of public
transportation service acting on its behalf, will not engage in school bus
operations (exclusive transportation of students and school personnel) in
competition with private school bus operators. (49 CFR 605 and 23 CFR 825).
(5) Transportation of Elderly and Handicapped Persons. Contractor will
provide transportation service toielderly and handicapped persons which they
can use effectively. Contractor will exclude no person on the basis of a
handicap from the benefits of aid received under this grant. (49 CFR Part
27)
(6)
Labor Protection.
Contractor will comply with the regulations issued
by the U.S. Department of Transportation and Department of Labor pursuant
to Section 13(c) of the Urban Mass Transportation Act of 1964, as amended.
Contractor will ensure that the condition of Contractor's employees, or of
employees of other transportation providers in its service area, is not made
worse as a result of aid received under this Agreement (29 CFR 215).
4
(7) Record Keeping and Management of Funds. Contractor will manage and
account for funds and property received under this Agreement in accordance
with the provisions of Office of Management and Budget Circular A-102,
"Uniform Administrative Requirement for Grants -in -Aid to State and Local
Governments."
I
,
VOLPAGE 122
(8) Eligibility of Expense.a.Contwractor will prepare its requisitions of
the funds available under this agreement in accordance with the provisions
of Federal Management Circular 74-4 issued by the General Services
Administration, "Principles for Determining Costs Applicable to Grants and
Contract with State and Local Governments."
b. Division reserves the right to waive individual requirements of Section 8.a.
if Contractor is to receive funds solely from the General Fund of the State
of Oregon.
h
10 VOL 6?AGE 123
PART III
GENERAL CONDITIONS
Section 1. Supplemental Agreements. This Agreement may be revised or amended
by a supplemental written agreement between the parties and executed with the
same formalities as this Agreement.
Section 2. Termination.
a. For Convenience: The Division and Contractor may terminate the
Project and cancel this Agreement if both parties agree that the
continuation of the Project would not produce beneficial results
commensurate with the further expenditure of funds.
b. With Cause: The Division may, by written notice.to Contractor,
terminate the Project and cancel this Agreement for any of the fol-
lowing reasons:
(1) Contractor takes any action pertaining to this Agreement
without the approval of Division and which under the procedures
of this Agreement would haver`equired the approval of Division;
(2) The commencement, prosecution, or timely completion of
the Project by Contractor is, for any reason, rendered improb-
able, impossible, or illegal; and
(3) Contractor shall be in default under any provision of this
Agreement.
Section 3. Contractor's Authorization. This Agreement shall be executed by
those officials authorized to execute this Agreement on the Contractor's behalf.
Contractor shall attach to this Agreement a copy of the motion or resolution
which authorizes said officials to execute this Agreement, and shall also cer-
tify its authenticity.
11 c��±
VOL WWAGE X24
Section 4. Regulations. This Agreement is based upon and is subject to the
emergency regulations issued by FHWA and UMTA pursuant to Section 18 of the
Urban Mass Transportation Act of 1964, as amended. At such time as FHWA and
UMTA may issue final regulations, Division reserves the right to modify those
portions of this Agreement affected by differences between the emergency and
final regulations, in particular the matching of ratios specified for operating
expense and administrative cost.• Division will provide thirty (30) day notice
of impending changes and will excute a suppemental agreement incorporating the
changes.
1t
I
VOL 3r'AGE 1 25
Special Section 13(c) Warranty
for Application to the Small Urban
and Rural Program
A. General Application
The Public Transit Division, Department of Transportation agrees
that, in the absence of waiver by the Department of Labor, the
terms and conditions of this warranty, as set forth below, shall
apply for the protection of the transportation related employees of
any employer providing transportation services assisted by the
Project Contractor, and the transportation related employees of any
other surface public transportation providers in the transportation
service area of the project.
The Public 7 ransit Division, Department of Transportation shall
provide to the Department of Labor and maintain at all times
during the Project an accurate, up-to-date listing of all existing
transportation providers which are eligible Contractors of transportation
assistance funded by the Project, in the transportation service
area of the Project, and any labor organizations representing the
employees of such providers.
Certification by the Public Transit Division, Department of Transportation
to the Department of Labor that the designated Contractors have
indicated in writing acceptance of the terms and conditions of the
warranty arrangement will be sufficient to permit the flow of
Section 18 funding in the absence of a finding of non-compliance by
the Department of Labor.
B. Standard Terms and Conditions
(1) The Project shall be carried out in such a manner and upon
such terms and conditions as will not adversely affect employees of
the Contractor and of any other surface public transportation
provider in the transportation service area of the Project. It
shall be an obligation of the Contractor and any other legally
responsible party designated by the Public Transit Division, Department
of Transportation, to assure that any and all transportation services
assisted by the Project are contracted for and operated in such a
manner that they do not impair the rights and interests of affected
employees. The term "Project," as used herein, shall not be limited
Special Section 13(c) Warranty for Application
to Small Urban and Rural Program - co&inued
t Page two
VOL STAGE 13-26
to the particular facility, service, or'operation assisted by
Federal funds, but shall include any changes, whether organiza-
tional, operational, technological, or otherwise, which are a
result of the assistance provided. The phrase "as a result of the
Project," shall when used in this arrangement, include events
related to the Project occurring in anticipation of, during,'and
subsequent to the Project and any program of efficiencies or
economies related thereto;,provided, however, that volume rises and
falls of business, or changes in volume and character of employment
brought about by causes other than the Project (including.any
economics or efficiencies unrelated to the Project) are not within
the purview of this arrangement.
An employee covered by this arrangement, who is not dismissed,
displaced or otherwise worsened in his position with regard to his
employment as a result of the Project, but who is dismissed, displaced
or otherwise worsened solely because of the total or partial termination
of the Project, discontinuance of Project services, or exhaustion
of Project funding shall not be deemed eligible for a dismissal or
displacement allowance within the meaning of paragraphs (6) and (7)
of the Model agreement or applicable provisions of substitute
comparable arrangements.
(2)(a) Where employees or a Contractor are represented for collective
bargaining purposes, all Project services provided by that Contractor
shall be provided under and in accordance with any collective
bargaining agreement applicable to such employees which is then in
effect.
(2)(b) The Contractor or legally responsible party shall provide
to all affected employees sixty (60) days' notice of intended
actions which may result in displacements or dismissals or rearrangements
of the working forces. In the case of employees represented by a
union, such notice shall be provided by certified mail through
their representatives. The notice shall contain a full and adequate
statement of the proposed changes, and an estimate of the number
of employees affected by the intended changes, and the number and
classifications of any jobs in the Contractor's employment available
to be filled by such affected employees.
(2)(c) The procedures of this subparagraph shall apply to cases
where notices involve employees represented by a union for collective
bargaining purposes. At the request of either the Contractor- or
the representatives of such employees negotiations for the purposes
of reaching agreement with respect to the application of the terms
and conditions of this arrangement shall commence immediately. If
no agreement is reached within twenty (20) days from the commencement
of negotiations, any party to the dispute may submit the matter to
dispute settlement procedures in accordance with paragraph (4) of
the warranty. The foregoing procedures shall be complied with and
carried out prior to the institution of the intended action.
to Small Man and Rural Program - con inued ec��
Page three VOL ►16PAGE 127
(3) For the purpose of providing We statutory required protections
including those specifically mandated by Section 13(c) of the
Actl, the Public Transit Division, Department of Transportation
will assure as a condition of the release of funds that the Recipient
agrees to be bound by the terms and conditions of the National
(Model) Section 13(c) Agreement executed July 23, 1975, identified
below2, provided that other comparable arrangements may be substituted
therefore, if approved by the Secretary of Labor and certified for
inclusion in these conditions.
(4) Any dispute or controversy arising regarding the application,
interpretation, or enforcement of any of the provisions of this
arrangement which cannot be settled by and between the parties at
interest within thirty (30) days after the dispute or controversy
first arises, may be referred by any such party to any final and
binding disputes settlement procedure acceptable to the parties,
or in the event they cannot agree upon such procedure, to the
Department of Labor or an impartial third party designated by the
Department of Labor for final and binding determination. The
compensation and expenses of the impartial third party, and any other
jointly incurred expenses, shall be borne equally by the parties
to the proceeding and all other expenses shall be paid by the party
incurring them.
1/ Such protective arrangements shall include, without being limited
to, such provisions as may be necessary for (1) the preservation of
rights, privileges, and benefits (including continuation of pension
rights and benefits) under existing collective bargaining agreements
or otherwise; (2) the continuation of collective bargaining rights;
(3) the protection of individual employees against a worsening of
their positions with respect to their employment; (4) assurances of
employment to the employees of acquired mass transportation systems
and priority of reemployment of employees terminated or laid off;
and (5) paid training and retraining programs. Such arrangements
shall include provisions protecting individual employees against a
worsening or their positions with respect to their employment which
shall in no event provide benefits less than those established
pursuant to Section 5(2)(f) of the Act of February 4, 1687 (24
Stat. 379), as amended.
2/ For purposes of this warranty arrangement, paragraphs (1) ; (2) ;
(5); (15); (22); (23); (L4); (26); (27); (26); and (29) of the
Model Section 13(c) Agreement, executed July 23, 1975 are to be
omitted,
Special Section 13(c) Warranty for Application to the Small Urban
and Rural Program - continued +
Page four VOL �t�r'AGE 418
In the event of any dispute as to whether or not a particular
employee was affected by the Project, it shall be his obligation to
identify the Project and specify the pertinent facts of the Project
relied upon. It shall then be the burden of either the Contractor
or other party legally responsible for the application of these
conditions to prove that factors other than the Project affected
the employees. The claiming employee shall prevail if it is established
that the Project had an effect upon the employee even if other
factors may also have affected the employee.
(5) The Contractor or other legally responsible party designated
by the Public Transit Division, Department of Transportation will
be financially responsible for the application of these conditions
and will make the necessary arrangements so that any employee
covered by these arrangements, or the union representative of such
employee, may file claim of violation of these arrangements with
the Contractor within sixty (60) days of the date he is terminated
or laid off as a result of the Project, or within eighteen (18)
months of the date his position with respect to his employment is
otherwise worsened as a result of the Project. In the latter case,
if the events giving rise to the claim have occurred over an extended
period, the 18 -month limitation shall be measured from the last
such event. No benefits shall be payable for any period prior to
six (6) months from the date of the filing of any claim.
(6) Nothing in this arrangement shall be construed as depriving any
employee of any rights or benefits which such employee may have under
existing employment or collective bargaining agreements, nor shall
this arrangement be deemed a waiver of any rights of any union or of
any represented employee derived from any other agreement or provision
of federal, state or local law. `
(7) In the event any employee covered by these arrangements is
terminated or laid off as a result of the Project, he shall be granted
priority of employment or reemployment to fill any vacant position
within the control of the Contractor for which he is, or by training
or retraining within a reasonable period, can become qualified. In
the event training or retraining is required by such employment or
reemployment, the Contractor or other legally responsible party
designated by the Public Transit Division, Department of Transportation
shall provide or provide for such training or retraining at no cost
to the employee.
(8) The Contractor will post, in a prominent and accessible place,
a notice stating that the Contractor has received federal assistance
under the Urban Mass Transportation Act and has agreed to comply with
the provision of Section 13(c) of the Act. This notice shall also
specify the terms and conditions set forth herein for the protection
of employees. The Contractor shall maintain and keep on file all
Special Section 13(c) Warranty for Application to the Small Urban e�
And Rural Program - continued VOL •)s►'AGE 1�9
Page five
relevant books and records in sufficient detail as to provide the
basic information necessary to the proper application, administration,
and enforcement of these arrangements and to the proper determination
of any claims arising thereunder.
(9) Any labor organization which is the collective bargaining
representative of employees covered by these arrangements, may
become a party to these arrangements by serving written notice of
its desire to do so upon the Contractor and the Department of
Labor. In the event of any disagreement that such labor organization
represents covered employees, or is otherwise eligible to become a
party to these arrangements, as applied to the Project, the dispute
as to whether such organization` shall participate shall be determined
by the Secretary of Labor.
(10) In the event the Project is approved for assistance under the
Act, the foregoing terms and conditions shall be made part of the
contract of assistance between the federal governments and the
Public Transit Division, Department of Transportation or Recipient
(Contractor) of federal funds; provided, however, that this arrangement
shall not merge into the contract of assistance, but shall be
independently binding and enforceable by and upon the parties
thereto, and by any covered employee or his representative, in
accordance with its terms, nor shall any other employee protective
agreement merge into this arrangement, but each shall be independently
binding and enforceable by and upon the parties thereto, in accordance
with its terms.
C. Waiver
As a part of the grant approval process', either the Contractor or
other legally responsible party designated by the Public Transit
Division, Department of Transportation may in writing seek from the
Secretary of Labor a waiver of the statutory required protections.
Secretary will waive these protections in cases, where at the time
of the requested waiver, the Secretary determines that there are no
employees of the Contractor or of any other surface public transportation
providers in the transportation service area who could be potentially
affected by the Project. A 30 -day notice of proposed waiver will
be given by the Department of Labor and in the absence of timely
objection, the waiver will become final at the end of the 30 -day
notice period. In the event of timely objection, the Department of
Labor will review the matter and determine whether a waiver shall
be granted. In the absence of waiver, these protections shall
apply to the Project.
P
f
GRANTEE
CONTRACT N
NON -URBANIZED AREA OpLiRATING ASSISTANCE
RL• IMBURSEMENT REQUEST'
MONTHLY REPORT
FOR THE MONTH OF
VOL 36PAGE 130
DERATING EXPENSES
( 1 )
AMOUNT APPLIED
FOR TO DATE
(2)
ADJUSTMENT
(if any)
(3)
CURRENT
MONTH
(4)
PROJECT
TOTAL
Salaries & Wages
Fuel
Repairs $ Maintenance
Tires
Vehicle Costs
Other (Specify)
OT'AL OPERATING EXPENSES
,MINISTRATION EXPENSE
Salaries $ Wages
Office Expenses
Contract Services
Marketing
Other Expenses
OTAL ADMINISTRATION COSTS
Ala column I plus or minus column 2 plus column 3 to equal column four tot.al.
PROJECT KE.VENllli
GRANTEE FOR TIIF MONTH OF
VOL 3GP4GE 13i
RT-7VFiNU TO DATE
— - -- -� - -_
,\DIU5'IMfiN"1' TTAI
- C..U.f:RE"N'r z,ON_T
..,.__ L(>I..(;_T., -
1 are 'Revenue
12. Miscellaneous
-- Revenues
Age n cy Contracts
I
i i i)TAI, OPERATING REVENUE
till"1' OPL'RA'fING EXPENSES
SUBSIDY
il. Federal Sources
C.E.T.A.
i Ocher- (Specify)
Local. Sources
Revenue Sharing
fax/Lev
Other (Specify)
. Ut her
Volunteer Services
- --�--
—
Donated Si�Llies
tol'AL PROJECT SUBSIDY
732.0003 (12.79)
GRANTEE:
Days of Operation:
Bus Miles:
Passenger Trips:*
FOR THE MONTH OF:
Operating Statistics
VOL 6PAGE 1 3 ?
I certify that the records necessary to support
this request are on file at our offices..
Signature:
Title:
Date:
I
Remarks'
* /1 passenger trip is defined -as a one-way trip. (e.g. A person
picked up at home Who goes to the grocery store, senior center and
return- hornf� hnc nn in t. i, -.+r+ +,-;-,
VOL 36PAGE 1 34
(1) Brief project description, including type of public transportation
service to be provided and/or assisted and' the geographic area of
service.
a) Name of provider: Resort Bus Lines ,
b) Type of service: Fixed route
c} Hours of service: 6:00 a.m. to 6:15 p.m.
d) Days per week: 7
e) Service area: Central Deschutes County including Bend and
Sun River.
f) General description of routes and schedule frequencies (Include a
copy of any printed schedules or other such information indicating
the level of service to be provided.):
1. One route between Bend and Sun River with stops at intermediate
points along Highwy 97.
2. Morning Commuter service from 6:00 a.m. to 9:00 a.m.
{
3. Evening Commuter service from 3:15 p.m. to 6:15 p.m.
See attached route map; and schedule.
g) Fare structure (Describe fares charged to riders, if any.):
See attached.
h) Estimated annual passenger trips to be provided: 20,000
i) Estimated percentage of elderly: 5-10 percent
j) Estimated percentage of handicapped: 1% or less
k) Type of vehicles: intercity coach. 1962 GM, Model 4106
1) Accessibility features for the handicapped: drivers will assist
handicapped getting on and off bus.
OA
VOL MAGE 135
(2) Project coordination accomplished, including:
(a)' Description of efforts to coordinate with other transportation providers
in the service area, both public and private. A list of all providers
must be.included.
A. Providers
1. Bend Transit System
2. Pacific Trailways
3. Town Taxi
4. Owl Taxi
S. Central Oregon Council on Aging
6. Para -medic, Inc.
7. Sun River Transportation
8. Resort Bus Lines, Inc. (project operator)
9. Bend Lakeview Stages
10. Airline Limo Service (Redmond)
B. Coordination
1. Special promotional efforts will be made to inform users of other
systems to encourage transfer to Resort Bus Lines Service. Initially
this will involve riders of Bend Dial -a -Ride and Pacific Trailways.
2. Bus stop locations will be placed so as to encourage transfer between
Bend Dial -a -Ride and Resort Bus Lines.
3. Resort Bus Lines will stop at the Trailways Depot in Bend. Schedules
between Resort Bus Lines and Trailways have been coordinated on some
schedules. This will allow direct transit access to Sun River from
Portland.
4. The cooperative agreement between Sun River Transportation (owned
and operated by Sun River) and Resort Bus Lines, is to discontinue
Sun River Transportation service when this project is begun.
3
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6PAGE 136
.b
K
VOL PAGE 1,3 7
a
ROUTE MAP Scale
0 4 8mi•
Proposed Route
■
FARE SCHEDULE
Cash Fare
Points within Bend $ 0.75
Bend - Sunriver:' one-way 1.75
Bend - Sunriver: round trips 2.70
Ticket Books
Bend - Sunriver:
10 ride book: $12.40
s 20 ride book:
20.15
YOL 6PAGE 138
NOTE: This is only a partial fare schedule.
Other fares are available between intermediate
points along the route.
VOL 36-PAGE139
(b) Description of efforts to coordinate with social service agencies
in the project service area, especially those agencies capable of
purchasing service.
1. Special efforts will be made to coordinate bus stops with
Bend Dial -a -Ride. Bend Dial -a -Ride's -.primary*. -ridership is
-from Senior citizens and handicapped. The system is actively
rromoted by the Central Oregon Council on Aging, and the
United Senior Citizens of Bend.
2. Jhe proposed route will stop at three (3) to four (4)
shopping centers which are frequently used by senior citizens.
-3.. A special promotional effortwill be made to acquaint COCOA,
and USCB clients of the new service.
4
M
M
VOL 36PAGE 140
(c) Amount and sources of funds used to purchase and operate vehicles
(Note: Use budget worksheets under Item (9) as a guide to preparing
this information particularly the sections on Operating Revenues
and Operating Income.).
Fiscal Year Fiscal -Year Fiscal Year
1978 1979 1980
(estimate)
TOTAL OPERATING REVENUES: -29,000
TOTAL PROJECT INCOMES: 9,615
TOTAL: 38,615
(d) Description of efforts undertaken to maximize the integration of funds in
(c) above with funds being applied for under the Non -Urbanized Area Program.
Funding for the project will be derived from the following sources.
1. Public Transit Division (Section 18): $9,615
2. Sun River, Inc. (private) direct subsidy: 9,615
3. Sun River, Inc.; user side subsidy: 5,000 (estimated)
4. User fees• 24,000 (estimated)
5
•, r
VOL ',J itaGE 14
(3) Extent of public involvement in developing the project.
A public hearing for the project was held at 10:00 a.m., June 25, 1980,
at the Deschutes County Courthouse. A copy of the public hearing notice,
published in the May 21, 1980 and June ll, 1980 editions of the Bend Bulletin
is attached below.
There were ten persons representing the general public. Three persons
presented comments; two supported the project and one spoke against it.
NOTICE OF PUBLIC HEARING
BEFORE THE BOARD OF I
COUNTY COMMISSIONERS
OF THE STATE OF OREGON
FOR DESCHUTES COUNTY
In the Matter of Proposed )
Deschutes County Mass )
Transit )
On June 25, 1980, at 10:00
In Conference Room A of the
Ueschules County Courthouse
Annex, Bend. Oregon, the Boord
oI County Commissioners will hold
o 'public hearing on whether the
County, operating under a grant i
from the State of Oregon, should
provide scheduled intercity bus
service providing commuter trans.
portation between Bend_; and
Sunriver : seven (7) days - a : week r - - --
between the hours of 6:00 a.m.
and 6:30 p.m.
At said hearing, all interest-
ed persons may appear and be
heard. Before or at the time of the
hearing, written statements and
exhibits may be submitted to the
Board of County Commissioners,
Deschutes County Courthouse
Annex, Bend, Oregon 97701.
BOARD OF
COUNTY COMMISSIONERS
ALBERTA. YOUNG.,
Chairman .:41'n''4 j
CLAY C.SHEPARD,'?.;=
Commissionet i
ROBERT C. PAUL'4ON; 7R.,''
1 .. Commissioner
_ . _:'1413,161c
VOL 36PAGE 14(
Y
(4) Description of private enterprise involvement in developing the
project. See Emergency Federal Regulations Paragraph 4(a) and (b).
The project involves the coorperative efforts of two private
transportation providers.. Sun River Transportation currently
provides transportation for Sun River employees living in
Bend.
The grantee will sub -contract for service for the project with
a private.transportation provider; i.e., Resort Bus Lines, Inc.
upon starting the project Sun River will cease operating its
own service, and will instead provide both direct and indirect
subsidies to Resort Bus..Lines.
VOL 36iPAGE 143
(5) Enclose OMB Circular A-95 clearance or disposition from local and
state clearinghouse and any comments received.
The project has been reviewed by both the state and local A-95
clearinghouse. No adverse comments were received. Copies of
state and local ieviews are attached.
8
VOL .JPAGE 14'
OREGC0-'% PROJECT NOT'IFICATIO-" `, ARID REVIEW SYSTEM
STATE CLEARINGHOUSE
Intergovernmental Relations Division
155 Cottage ST . N.E.
Salem, Oregon,97310, Phone 378-3732
Toll Free Number - 1-800-452-7813
APPLICANT:
PROJECT TITLE: TITLE: fiend-Sunriver Transit
DATE: May 27, 1.9 80
The state has reviewed your project and reached the following
conclusions:
'No significant conflict with the plans, policies
or programs of state government have been
identified and your proposal is endorsed as
presented.
F] Relevant comments of state agencies are attached
and should be considered in the final design of
your proposal.
Potential conflicts with the plans and programs
of the state agency(s) have been satisfactorily
resolved. No significant issues remain.
r] Significant conflicts with the plans, po.licies.or
programs of state government have been identified
and remain unresolved. The final proposal has been
reviewed and the final comments and recommendations
of the state are attached.
NOTICE TO FEDERAL AGENCY
The following is the officially
assigned State Identifier Number:
This number should be used on all
correspondence and particularly on
SF 240 as required by OMB A-95.
A copy of this notification and attachments, if any, must accompany
your application to the federal agency as required by OMB A-95.
Comments of the appropriate local reviewing agencies will be submitted
to you separately and must also be included.
r1 �1 VOL 6na 145
OREGON PROJECT NOTIFICATION AND REVIEW SYSTEM
STATE CLEARINGHOUSE c
.� CP c.
• Intergovarnmental Relations Division �c• �
155 Cottaae ST $E 2� dp
Salem, Oregon 97310, Phone: 37.8-3732
P N R S STATE REVIEW
i
MAY
To Agency Addressed: If you intend to comment but cannot respond by the
return date, please notify us immediately. If no response is received
by the due date, it will be assumed that you have no comment and the file
w1ll be closed
PROGRAM REVIEW AND COMMENT
To State Clearinghouse: We have reviewed the subject Notice and have
reached the following conclusions on its relationship to our plans and
programs:
(X) It has no adverse effect.
( ) We have no comment.
( ) Effects, although measurable, would be acceptable.
( ) It has adverse effects. (Explain in Remarks Section)
( ) We are interested but require more information to evaluate the
proposal. (Explain in Remarks Section)
( ) Please coordinate the implementation of the proposal with us.
( ) Additional comments for project improvement. (Attach if necessary)
REMARKS / (Please type or print legibly)
4
■
Agency By
VOL 36 -PAGE 1 46
menta/
�d P. O. BO% 575.=,1 _
REDMOND, OREGON 97758 -
PHONE (503) 548.8183 Date: April 29, 1980
PNIZS ii C
Project Rami-Sunriver Transit
Applicant Deschutes County �\
A-95 REVIM4 AND COMMENT
As areawide clearinghouse for state administrative District 10,
the Central Oregon Intergovernmental Council has completed its
review of the above project notification in accordance with OMB
Circular A-95.
The COIC appreciates the opportunity to review and comment on
projects of local, areawide and statewide importance and concern.
With reference to the above project notification, the Central
Oregon Intergovernmental Council recommends:
A. — Approval.
11. �_- Approval, see remarks.
C. No comment.
D. Disapproval.
E. Disapproval, see remarks.
REMARKS:
The COIC is aware of the need for a public transportation service between
Bend and Sunriver and, therefore, endorses the Bend-Sunriver Transit
system.
Sincerely,
Frances Burgess
Chairman
I:C SLaLe Clearinghouse
OREGON ADMINISTRATIVE DISTRICT 10—CROOK. DESCHUTES. @ JEFFERSON COUNTIES
r Y
VOL 36PAGE 147
(6) Disposition of the labor protection provisions of Section 13(c) of the
Urban Mass Transportation Act of 1964, as applicable.
Resort Bus Lines, Inc., as operator of the project, has executed
the required 13(c) Labor Protection Warranty: a copy of the
signed assurance is attached.
0
VOL 36?AGE 148
13(c) Labor Protection Warranty Assurance
As a condition of the receipt of federal transit assistance under
Section 18 of the ZSrface Transportation Act of 1978 the
i
(hereafter referred to as
(name of recipient)
Recipient) hereby certifies that it has read, and understands, the
Special Section 13(c) Warranty for Application to the Small Urban and
Rural Program, and the National (Model) Section 13(c) agreement executed
July 23, 1975.
The Recipient also assures the Public Transit Division that, as a condition
of the receipt of transit assistance under Section 18, that it agrees
to be bound by the terms and conditions of the Special 13(c) Warranty
for the protection of transit employees affected by the project.
The Recipient also agrees to be the designated legally responsible
party for employees of any other surface public transportation provider
in the transportation service area of the Project. Recipient also
understands that the warranty is enforceable by any covered
employee or his representative.
The Recipient further certifies that it understands that this signed
assurance will be made a part of the contract for Section 18 transit
assistance between the Recipient and the Public Transit Division, and
that with the signing of that contract, all of the labor protection terms
and conditions of the Special 13(c) Warranty for all employees covered
by said warranty. shall (unless stated otherwise) become the sole,
obligation of the Recipient. n s
FOR:
name" of recipient
VOL ,. 6PAGE x.49
(7) Description of Title VI, Civil Right Act of 1964, 42 U.S.C. 2000d. and
Minority Business Enterprise (MBE) activities. See Emergency Federal
Regulations, paragraph 7.
Deschutes County has developed practices and procedures to ensure that
Title VI, Civil Rights Act of 1964, 42 U.S.C. 2000 d. and Minority Business
Enterprise activites are met in accordance with respective federal requirements.
Deschutes County, as an equal opportunity employer will require all sub-
contractors, including Resort Bus Lines, Inc., to comply with the above
cited requirements.
10
VOL 36PAGE 150
(8) [environmental assessment in accordance with 23 CF12 771 (1711PNI 7-7-2) .
It is anticipated that the typical Section 18 project could be considered
a "non -major action," and processed accordingly.
This project does not require any major construction, purchase of
property, or acquisition of right of way. The project therefore is
considered to be a category 3, non -major action, as per Federal
Highway Administration memo HPD.2-OR/90.1 dated June 26, 1979 and
signed by G. L. Green, Division Administrator.
• VOL 64GE 151
(9) Project budget, including sources of Federal, State, and local funds.
Please complete the forms on the following pages to provide information
on operating expenses, local revenue sources, and plans for capital
purchases. This information will be used to calculate the amount of
Section 18 funding to be budgeted to your operation.
Note: As specified in the federal regulations, Section 18 funds may not
be used to replace existing local resources, but are intended as sup-
plementary funding. Therefore, be sure to indicate all sources of local
revenue that are expected to continue.
12
n.��?' A C
Project Budget VOL +�C?,,GE
Administration
Fiscal Year
1978
1. Administration $ Planning (Actual)
Expense
1. Salaries 4 Wages
Manager
Supervisors
Secretary/Receptionist
2. Fringe Benefits for Above
3. Office Expenses
Rent
Telephone O Utilities
Insurance (non-operating)
Supplies
Other
4. Contract Services
S. Other Expenses
Marketing
Planning
Furniture & Equipment
Other
Total Administrative Expense
II. Administrative Revenue
1. Offsets to Administrative
Salaries/Wages/Fringe Benefits
2. Grants for Administration
and Planning:
Total Administrative Revenue
III. Net Administrative Expense
Administrative Expense
Less:
Administrative Revenue
Net Administrative Expense
Fiscal Year Fiscal Year
1979 1980
(Actual) (Estimate)
N/A N/A $ 4,500
3,600
600
600
120
150
1,000
$10,570
None
$10,570
( ) ( } ( 0 )
$10,570
13
I. Operating Expense
1. Salaries $ Wages
Drivers
Dispatchers
VOL MmE 153
Project Budget
Operations
Fiscal Year Fiscal Year Fiscal Year
1978 1979 1980
(Actual) (Actual) (Estimate)
N/A N/A $16,790
14
Mechanics
2.
Fringe Benefits
for Above
3,694
3.
Fuel
Gasoline/Diesel
7,300
Oil **
4.
Repairs and Maintenance
Paid Labor
4,800
Parts
Other
S.
Tires
2,500
6.
Vehicle Costs
Insurance
1,450
Licenses
30
Leasing
7.
Other
(Specify)
Building Rental ***
1,000
Total
Operating Expense
$37,564
* included under "Paid Labor"
** included under "gasoline/diesel"
*** building rental is for space for drivers
room, bus storage, maintenance.
14
VOL 36.N E 154
Fiscal Year
1979
(Actual)
Fiscal Year
1980
(Estimate)
$ 5,000
24,000
$29,000
$37,564
( ) ( -29,000 )
$ 8,564
Project Budget
Operations
Fiscal Year
1978
II. Operating Revenue
(Actual)
1. Fare Revenue
Regular Fares
Discounted Fares
Pass Sales
Other Fares
2. Miscellaneous Revenues
Membership Dues
Advertising Income
Other:
(Specify)
3. Agency Contracts
Total Operating Revenue
III. Operating Deficit
Operating Expense
Less: Operating Revenue
( ;
Operating Deficit
VOL 36.N E 154
Fiscal Year
1979
(Actual)
Fiscal Year
1980
(Estimate)
$ 5,000
24,000
$29,000
$37,564
( ) ( -29,000 )
$ 8,564
16
VOL 31 Gnu -1.11-55
Fiscal Year
1979
(Actual)
N/A
Fiscal Year
1980
(Estimate)
$9,615
$9,615
Project
Budget
Local Project Support
Fiscal Year
1978
I. Project Support
(Actual)
1.
Grants $ Contributions.
(do not include non -urbanized
area program funds)
C.E.T.A.
N/A
W.I.N.
Revenue Sharing
Other:
(Specify)
2.
Local Tax Subsidies:
(Specify)
3.
Other:
(Specify) Direct subsidy from
_dun River to Resort Bus Lines
4.
Total Local Project Support
16
VOL 31 Gnu -1.11-55
Fiscal Year
1979
(Actual)
N/A
Fiscal Year
1980
(Estimate)
$9,615
$9,615
p VOL WAGE 156
Project Budget
Non -urbanized Area Program Support
Calculation
I. Expense
1. Net Administrative Expense
2. Net Operating Expense
Total Expense
II. Required Local Support
1. 200 of Net Administrative Expense
2. 500 of Net Operating Expense
Total Required Local Support
III. Allocation to Area for Program
17
Fiscal Year
1980
(Estimate)
$10,570
8,564
$19,134
$ 2,114
4,282
$ 6,396
$ 9,615
VOL 3f WE 157
CAPITAL PURCHASES Not applicable
Fiscal Year Fiscal Year Fiscal Year
1978 1979 1980
(estimate)
Vehicles
(describe)
TOTAL
Vehicle Related Equipment*
(describe)
TOTAL
Other"
(describe)
TOTAL
Total All Capital
Contingencies
TOTAL
*Lifts, mobile radio units, fire extinguishers, first aid kits, etc.
**Bus stop signs, shelters, benches, radio base stations, pullouts, maintenance
equipment, and facilities.
VOL 6PAGE .SS
CAPITAL PURCHASES Not applicable
Please rank the items you listed on the previous page in the order of
most important to least important (In other words, if available capital funding
were limited, what would be the first item of equipment you would want to
purchase? What would be the second, third, and soon.):
1st
2nd
3rd
4th
5th
NOTE: As stated in Item 13 of the Instructions, you must include a copy of
the adopted Transit Development Plan (TDP) for your area with an
application containing a capital request.
19
VOL EME
(10) Provision for the elderly and handicapped (See Emergency Federal
Regulations, Paragraph 5.).
1. The grantee agrees to operate the project in accordance with
Department of Transportation regulations requiring non-discrimination
on the basis of handicap as contained in Title 49, CFR; Subtitle A,
Office of the Secretary, Part 27.
2: Resort Bus Lines, Inc., as operator, also agrees to operate the
project in accordance with Cie above cited regulations.
3. Attached are copies of the 11504 assurance" signed by both the
grantee; and the operator.
4. Resort Bus Lines drivers will provide assistance to handicapped
riders in boarding and leaving the bus.
S. For trips originating and ending in the Bend Dial -a -Ride service
area; handicapped persons will be advised of the demand responsive
service offered..by Bend Dial -a -Ride. This service utilizes three
vans, one of which is lift equipped.
At this time there are no wheelchair bound employees working at
Sun River. As employees will be the main users of the proposed
service, no handicapped riders are anticipated.
20
h VOL r3UPAGE 160
(11) Disposition of requirements relative to charter and school
bus operations, as applicable. (Such services are prohibited.)
1. This project does not involve any school bus service.
2. Resort Bus Lines engages in charter service as an entirely
separate operation. No portion of Resort Bus Line's charter
activites are included in the projects.
21
r +'
VOL 36PAGE 161
ASSURANCES
APPLICATIONS FOR FEDERAL IUNDS UNI)ER SECTION 18 URBAW MASS TRANSPORTATION
ACT OF 1964, AS AMIiNDI.iD
To the best of my knowledge, and based on the information submitted
in the application recommended for approval, as an authorized representa-
tive of Deschutes County I make the following assurances
to FHWA and the State of Oregon: +
A. The applicant has the requisite fiscal, managerial, and legal
capability to carry out the Section 18 program and to receive and
disburse Federal Funds.
B. Some combination of State, local, and private funding sources
has or will be committed to provide the required local share.
C. The.applicant organization has or will have by the time of
delivery, sufficient funds to operate the vehicles and/or equip-
ment purchased under this project, as applicable.
D. The applicant assures affirmative compliance with Title VI
of the Civil Rights Act of 1964 and related statutes.
E. Private transit and paratransit operators have been afforded a
fair and timely opportunity to participate to the maximum extent
feasible in the provision of the proposed transportation services by
the applicant.
F. The needs of elderly and handicapped persons have been addressed
by the applicant.
G. The applicant has demonstrated acceptable efforts to achieve
coordination with other transportation providers and users, including
social service agencies capable of purchasing service.
H. The applicant has complied, as applicable, with the labor
protection provisions of the Urban Mass Transportation Act, as
amended.
I. The applicant has complied with the applicable provisions of the
guidelines relative to charter bus and school bus operations.
J. The applicant has worked to insure the continuation of existing
transportation revenues to complement Section 18 funds.
Signature
Title of authorized official Chairman, Board of County Commissioners
(Mayor, County Commission Chairman, District Chairman or COG Chairman
as Applicable)
Date
22
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