Consecuencias de la falta de control efectivo de los centros penales

1. Maintenance Requirements

This section covers land purchased for a facility project; structures purchased and placed for transit use, such as pre-fabricated passenger shelters; buildings constructed for transit use such as bus barns, administrative offices, and other facilities such as transfer stations; infrastructure construction such as improvements to sidewalks; and paving park and ride facilities. Properties purchased or construction-funded with federal or state awards should be maintained free of defects and graffiti to ensure the structure and surrounding area is in usable, safe condition. The properties must be used for the purposes described in the grant agreement.

Subrecipients are required to submit maintenance plans to RPTD for buildings and other facilities funded with RPTD grants.

2. Restrictive Covenants and Other Property Agreements

RPTD requires that land and permanent buildings purchased or improved with federal or state funds have a restrictive covenant filed with the property deed. The covenant is to protect the federal or state investment in the property. (Because passenger shelters are not permanent buildings, they are exempt from the restrictive covenant requirement.)

In certain cases, such as when another government entity owns the property, a restrictive covenant may not be required; a subrecipient should work with its Regional Transit Coordinator to determine these exceptions. In some instances other property agreements, such as a joint ownership deed, local land use agreement, easement, or right-of-way may be in place and a copy must be submitted prior to breaking ground. (This can apply to passenger shelters.)

3. Disposition of Property

Land, buildings, or facilities that are purchased, constructed, or improved using federal or state funds may only be used for the originally authorized purpose. Such property shall not be transferred to another party, disposed of, its title encumbered, or have other liens or claims imposed, without prior RPTD approval outlined below.

When property funded with federal or state funds is no longer needed for the originally authorized purpose, the subrecipient is required to contact RPTD for disposition instructions. ODOT uses federal guidelines for disposition of properties funded with state funds. The options are as follows:

a. Retain title of the property after compensating the awarding agency (RPTD). b. Sell the property and compensate the awarding agency (RPTD).

RPTD to continue in its originally funded purpose for provision of public transportation services.

The fair market value of the property at the time of the transaction shall be used when property is sold, transferred to another party, or voluntarily converted to a non-transit use by the transit agency. Subrecipients must have a commercial appraisal or other fair market valuation to determine current fair market value. RPTD must review and approve the fair market valuation if a commercial appraisal is not used.

When compensating RPTD under the procedures identified in number 3.a and 3.b above, RPTD receives an amount equal to the fair market value times the percentage of federal or state reimbursement as identified in the original grant agreement. The subrecipient retains an amount equal to the fair market value times the percentage of local match provided as identified in the original grant agreement.

The disposition of property that is involuntarily converted (e.g., acts of God, other) will be negotiated on a case-by-case basis between RPTD and the subrecipient.

Subrecipients must reinvest any funds received from the sale of property or insurance proceeds into the transit program. Funds received by RPTD shall be reinvested into the discretionary grant process.

4. Facility Useful Life Standards

Oregon’s standards were created using industry standards, RPTD experience, consultation with ODOT pavement engineers, and a request from all state counterparts for input. These standards will be reviewed for potential updates each biennium as projects are solicited for funding.

State of Good Repair (SGR) is the “condition where all assets perform their assigned functions without limitation”:

a. Assets operate as intended, without restrictions

b. With regular maintenance, assets will operate at the same level on first and last day of service, throughout their useful life

c. In general, assets within their useful life are considered to be in a state of good repair

Subrecipients must apply the following useful life standards to facilities funded through RPTD: a. Passenger Shelters such as pre-fabricated metal, glass, Plexiglas, and stick-frame

structures – Useful Life: 10 years

b. Bus barns such as site-built “pole barns” or other stick-frame barns – Useful Life: 40 years c. Administration buildings and maintenance buildings (includes additions) – Useful Life: 40

years

e. Fencing – Useful Life: 15 years f. Office furniture – Useful Life: 10 years

g. Land - Useful life does not expire on land purchases RPTD Responsibilities

a. Determine if restrictive covenant or other property agreement is applicable and receive a copy of the restrictive covenant or other property agreement on land or permanent buildings and maintenance plan prior to project conclusion and final payment.

b. Provide technical assistance to subrecipients regarding the restrictions on use and disposal of land, buildings, or facilities purchased with federal or state funds.

c. Approve the determination of fair market value if a subrecipient is disposing of property. d. Approve the transfer of property to a third party.

e. Keep an inventory of land, buildings, or facilities purchased with federal funds.

f. Review subrecipients’ procedures through document reviews or site visits to ensure maintenance plans are being followed.

Subrecipient Responsibilities

a. Contact RPTD for technical assistance regarding any applications for discretionary grant funding for land acquisition or development of structures.

b. Obtain Restrictive Covenant or other property agreement on land or permanent buildings prior to project conclusion and submit a copy to RPTD.

c. Keep an inventory of land, buildings, and facilities purchased with federal funds.

d. Submit maintenance plans for land, buildings, and facilities to RPTD when requesting reimbursement for the project. The required maintenance plan contents are located on the RPTD website. Maintenance plan updates are required when facilities are updated or additional capital assets are added to the facility. RPTD can provide maintenance plan examples when requested.

e. Report on condition of asset, or any damages to assets in the yearly asset inventory report.

f. Name RPTD as additional insured for premise insurance.

g. Contact RPTD for assistance regarding disposal of land, buildings, or facilities acquired with federal or state funds.

h. Obtain a commercial appraisal or other fair market valuation, and submit the documentation to RPTD for approval when disposing of property.

j. Reinvest any proceeds from the sale of property into the transit program for the same purpose or reimburse FTA for the remaining federal interest in property.

The following sections of the State Management Plan pertain to individual FTA Programs and the policies adopted by the RPTD for each program.