16.40.740 NEMT Company Operating Responsibilities and Prohibitions.

City Code Section

(Amended by Ordinance No. 188972, effective June 29, 2018.)

A.  A permitted NEMT Company shall comply with all requirements and standards as defined in OAR 410-136-3000 or otherwise required by state or federal law.

B.  Drug, Alcohol and Discrimination Policy:

1.  Zero Tolerance for Drug and Alcohol Use and Discrimination. All permitted companies shall employ at all times a zero tolerance policy for intoxicants.

2.  Zero Tolerance for Discrimination. All permitted companies shall adopt a policy that, at a minimum, prohibits drivers and employees from engaging in discrimination, to include making derogatory comments, on the basis of a person’s race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under applicable local, state, or federal law. This policy must be submitted to the Director for approval. Any changes to the policy shall be submitted to and approved by the Director prior to implementation.

C.  User Terms of Service. It must be stated within a disclaimer or limitation of liability in an NEMT Company’s user terms of service that no disclaimer of liability for negligence or other tortious conduct shall have any force or effect as prohibited by local law or restriction in the City of Portland, and that any tort claim against an NEMT Company shall be governed by Oregon tort law in effect at the time of the claim.

D.  Fare Rate Transparency. In the event NEMT fare rates are billed directly to the passenger, fare rates shall be made available in a clear and transparent way to the passenger prior to the passenger accepting a ride. Fare rates for wheelchair-accessible vehicle (WAV) service shall be comparable with fare rates for non-WAV service. Changes to fare rates shall be submitted by the permitted NEMT Company and approved by the Director prior to implementation.

E.  Receipts. In the event NEMT fare rates are billed directly to the passenger, all NEMT passengers shall be provided either a paper or digital receipt for services at the termination of the ride that clearly indicates the fare paid, time of ride, name of NEMT Company, NEMT Driver, NEMT Company customer service support contact information, and the City of Portland’s PFHT complaint phone number.

F.  Limitation or Prohibition on Dynamic Pricing. Dynamic pricing is prohibited at all times for NEMT service.

G.  Agent of Service Requirements. NEMT Companies will maintain, during all times when the NEMT Company Permit is valid, a locally based agent of service, with regular hours of business during weekdays.

H.  Customer Service Support Requirements. NEMT Companies will maintain, during all times when the NEMT Company Permit is valid, customer service support with posted contact information, including a local phone number and local address, and the ability to leave messages 24 hours per day and 7 days per week via telephone or email. Response to messages shall be made within 24 hours.

I.  Reporting Requirements. Each NEMT Company shall regularly report the following to the Director:

1.  The number and type of crimes against drivers to the extent known;

2.  The arrest or conviction for any criminal offense of any affiliated NEMT Driver;

3.  The filing of any lawsuit against or on behalf of the NEMT Company related to the operation of the company and its services in the City of Portland;

4.  The initiation of bankruptcy proceedings or corporate or partnership dissolution by the company; and

5.  Any information required to be disclosed by Chapter 16.40 that comes to the attention of the NEMT Company.

J.  NEMT Company Records Management and Mandatory Compliance.

1.  NEMT Companies will be required to keep documentation of all certified NEMT Drivers and NEMT Vehicles, as well as detailed records of all trips. Such records shall be kept on file during the term of the NEMT Company permit and for 2 calendar years after the expiration of such permit. Upon request or subpoena, NEMT Company records shall be provided to the Director and/or law enforcement officers.

2.  NEMT Companies shall submit to compliance audits and enforcement actions upon request by the Director, any authorized city personnel, or law enforcement officers pursuant to Chapter 16.40.

K.  Failure to comply with any provisions in Section 16.40.740 is Class B violation subject to penalties provided in Sections 16.40.930 to 16.40.950