reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 148 - CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING, LAND SURVEYING AND RELATED SERVICES CONTRACTS › Section 731-148-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions set forth in ORS
				279A.010 and ORS
				279C.100,
				the following definitions apply to these Division 148 rules:
(1) "Consultant" means an Architect,
			 Engineer, Photogrammetrist, Transportation Planner, Land Surveyor or provider
			 of Related Services. A Consultant includes a business entity that employs
			 Architects, Engineers, Photogrammetrists, Transportation Planners, Land
			 Surveyors or providers of Related Services, or any combination of the
			 foregoing. Provided, however, when ODOT is entering into a direct Contract
			 under OAR 731-148-0200(1)(c) or (d), the "Consultant" must be an Architect,
			 Engineer, Photogrammetrist, Transportation Planner or Land Surveyor, as
			 required by ORS
			 279C.115(1).
(2) "Estimated Fee" means ODOT's reasonably
			 projected fee to be paid for a Consultant's services under the anticipated
			 Contract, excluding all anticipated reimbursable or other non-professional fee
			 expenses. The Estimated Fee is used solely to determine the applicable Contract
			 solicitation method and is distinct from the total amount payable under the
			 Contract. The Estimated Fee shall not be used as a basis to resolve other
			 Public Contracting issues, including without limitation, direct purchasing
			 authority or Public Contract review and approval under ORS
			 291.047.
(3) "Evaluate" means to review and score or
			 rank, or both, Proposals submitted by Consultants in response to a solicitation
			 or RFQ or interviews conducted during a solicitation or RFQ. Unless otherwise
			 stated in the solicitation or RFQ, if Proposals or interviews, or both, are
			 scored, the Consultant with the highest score is the highest ranked proposer.
			 The remaining Consultants are ranked in descending order according to their
			 scores.
(4) "ODOT" means the Oregon
			 Department of Transportation.
(5)
			 "Price Agreement," for purposes of this Division 148, is limited to mean an
			 agreement related to the Procurement of Architectural, Engineering,
			 Photogrammetric Mapping, Transportation Planning or Land Surveying Services, or
			 Related Services, under agreed-upon terms and conditions, including, but not
			 limited to terms and conditions of later work orders for Project-specific
			 services, and which may include Consultant compensation information, with:
(a) No guarantee of a minimum or maximum
			 purchase; or
(b) An initial work
			 order, task order or minimum purchase, combined with a continuing Consultant
			 obligation to provide Architectural, Engineering, Photogrammetric Mapping,
			 Transportation Planning or Land Surveying Services or Related Services in which
			 ODOT does not guarantee a minimum or maximum additional purchase.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 148 - CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING, LAND SURVEYING AND RELATED SERVICES CONTRACTS › Section 731-148-0130 - Source Selection; Pricing Information; Conflicts of Interest

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ODOT shall Award a Contract for
			 Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or
			 Land Surveying Services, and Related Services following the applicable selection
			 procedures under OAR 731-148-0200  (Direct Appointment Procedure), OAR
			 731-148-0205  (Small Purchase Procedure) or OAR 731-148-0220  (Formal Selection
			 Procedure).
(2) ODOT is not required
			 to follow the procedures in section (1) of this rule, when ODOT has established
			 Price Agreements with more than one Consultant and is selecting a single
			 Consultant to perform Architectural, Engineering, Photogrammetric Mapping,
			 Transportation Planning or Land Surveying Services or Related Services under an
			 individual work order. Provided, however, the criteria and procedures ODOT uses
			 to select a single Consultant, when ODOT has established Price Agreements with
			 more than one Consultant, must meet the requirements of OAR 731-148-0270  (Price
			 Agreements).
(3) ODOT may solicit and
			 use pricing policies, pricing Proposals, or other pricing information when
			 procuring:
(a) Related Services; and
(b) Engineering, Photogrammetric Mapping,
			 Transportation Planning or Land Surveying Services under sections (a) and (b) of
			 OAR 731-148-0200  (Direct Appointment Procedure).
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 148 - CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING, LAND SURVEYING AND RELATED SERVICES CONTRACTS › Section 731-148-0205 - Small Purchase Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ODOT may use the Small Purchase Procedure
			 described in this rule to award a Contract if the Estimated Fee does not exceed
			 $250,000.
(2) ODOT shall consider
			 the qualifications of at least three prospective Consultants. If fewer than
			 three Consultants are available, ODOT shall consider the qualifications of all
			 available prospective Consultants and shall maintain a written record of ODOT's
			 efforts to locate available prospective Consultants. ODOT may draw prospective
			 Consultants from:
(a) A list of Consultants
			 created and maintained by ODOT under OAR 731-148-0215  (Request for
			 Qualifications);
(b) A list of
			 Consultants awarded Price Agreements under OAR 731-148-0270  (Price
			 Agreements);
(c) Any Consultants
			 that ODOT reasonably can locate that offer the desired services; or
(d) Any combination of (a) through (c) above.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 148 - CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING, LAND SURVEYING AND RELATED SERVICES CONTRACTS › Section 731-148-0210

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.619,
				  279A.065(6)(a)
				  & 279A.070
Statutes/Other Implemented: ORS
				  279A.050(3)
				  & 279C.110
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 148 - CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING, LAND SURVEYING AND RELATED SERVICES CONTRACTS › Section 731-148-0215 - Requests for Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ODOT may use
			 this Request for Qualifications ("RFQ") procedure to Evaluate potential
			 Consultants and establish a short list of qualified Consultants for some or all
			 of the Architectural, Engineering, Photogrammetric Mapping, Transportation
			 Planning or Land Surveying Services or Related Services described in the RFQ.
			 This RFQ procedure will be used as the first step in a two-step Procurement
			 process, with the second step in the process being a selection by ODOT under
			 OAR 731-148-0200  (Direct Appointment), a selection under OAR 731-148-0205  (Small Purchase Procedure) or an RFP processed under OAR 731-148-0220  (Formal
			 Selection Procedure).
(2)
(a) ODOT shall publish each RFQ by one or
			 more of the electronic methods identified in OAR 731-146-0150(1).
(b) ODOT shall publish the advertisement
			 within a reasonable time before the deadline for the response to the RFQ, but
			 in any event no fewer than seven calendar days before the closing date set
			 forth in the RFQ.
(c) In the
			 alternative to advertising using one or more electronic methods in subsection
			 (2)(a) of this rule, ODOT may advertise the RFQ in at least one newspaper of
			 general circulation in the area where the Project is located and in as many
			 other issues and publications as may be necessary or desirable to achieve
			 adequate competition. Other issues and publications may include, but are not
			 limited to, local newspapers, trade journals, and publications targeted to
			 reach disadvantaged business enterprise ("DBE"), veteran business, minority
			 business enterprise ("MBE"), women business enterprise ("WBE") and emerging
			 small business enterprise ("ESB") audiences.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 148 - CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING, LAND SURVEYING AND RELATED SERVICES CONTRACTS › Section 731-148-0220 - Formal Selection Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ODOT may use
			 the formal selection procedure described in this rule to obtain a Contract
			 regardless of Estimated Fee of the Contract, but ODOT must use this rule to
			 obtain a Contract if the Estimated Fee of the Contract exceeds $250,000 and the
			 services cannot be obtained under OAR 731-148-0200  (Direct Appointment
			 Procedure) or OAR 731-148-0205  (Small Purchase Procedure).
(2) ODOT shall obtain Contracts using the
			 formal selection procedure through public advertisement of RFPs.
(a) ODOT shall publish each RFP by one or
			 more of the electronic methods identified in OAR 731-146-0150(1).
(A) ODOT shall publish the advertisement
			 within a reasonable time before the deadline for the Proposal submission or
			 response to the RFP.
(B) ODOT shall
			 include a brief description of the following items in the advertisement:
(i) The Project(s) or the Architectural,
			 Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying
			 Services or Related Services ODOT seeks;
(ii) How and where Consultants may obtain a
			 copy of the RFP; and
(iii) The
			 deadline for submitting a Proposal or response to the RFP.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 148 - CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING, LAND SURVEYING AND RELATED SERVICES CONTRACTS › Section 731-148-0230 - Ties Among Proposers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 ODOT is selecting a Consultant on the basis of qualifications alone and
			 determines after the ranking of Proposers that two or more Proposers are
			 equally qualified, ODOT may select a candidate through any process that ODOT
			 believes will result in the best value for ODOT taking into account the scope,
			 complexity and nature of the Architectural, Engineering, Photogrammetric
			 Mapping, Transportation Planning or Land Surveying Services. Provided, however,
			 the tie breaking process established by ODOT under this section (1) cannot be
			 based on the Consultant's pricing policies, pricing proposals or other pricing
			 information, including the number of hours proposed for the services required,
			 expenses, hourly rates, and overhead. The process must be designed to instill
			 public confidence through ethical and fair dealing, honesty and good faith on
			 the part of ODOT and Proposers and shall protect the integrity of the Public
			 Contracting process. Once a tie is broken, ODOT and the selected Proposer shall
			 proceed with negotiations under OAR 731-148-0200(3), 731-148-0205(4),
			 731-148-0210(4)  or 731-148-0220(3)(d), as applicable.
(2) If ODOT is selecting a Consultant on the
			 basis of price alone, or on the basis of price and qualifications, and
			 determines after the ranking of Proposers that two or more Proposers are
			 identical in terms of price or are identical in terms of price and
			 qualifications, then ODOT shall follow the procedure set forth in OAR
			 137-046-0300  (Preferences for Oregon Goods and Services) to select the
			 Consultant.
Statutory/Other Authority: ORS
				  184.619,
				  279A.065(6)(a)
				  & 279A.070
Statutes/Other Implemented: ORS
				  279A.050(3)
				  & 279C.110
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 148 - CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING, LAND SURVEYING AND RELATED SERVICES CONTRACTS › Section 731-148-0250 - Solicitation Cancellation, Delay or Suspension; Rejection of All Proposals or Responses; Consultant Responsibility for Costs

Current through Register Vol. 63, No. 7, July 1, 2024
ODOT may cancel, delay or suspend a solicitation, RFQ or other
				preliminary Procurement document, whether related to OAR 731-148-0200  (Direct
				Appointment Procedure), OAR 731-148-0205  (Small Purchase Procedure), OAR
				731-148-0210  (Informal Selection Procedure), OAR 731-148-0215  (Request for
				Qualifications) or OAR 731-148-0220  (Formal Selection Procedure), or reject all
				Proposals, responses to RFQs, responses to other preliminary Procurement
				documents, or any combination of the foregoing, if ODOT believes it is in the
				public interest to do so. In the event of any such cancellation, delay,
				suspension or rejection, ODOT is not liable to any Proposer for any loss or
				expense caused by or resulting from any such cancellation, delay, suspension or
				rejection. Consultants responding to either solicitations, RFQs or other
				preliminary Procurement documents are responsible for all costs they may incur
				in connection with submitting Proposals, responses to RFQs or responses to
				other preliminary Procurement documents.
Statutory/Other Authority: ORS
				  184.619,
				  279A.065(6)(a)
				  & 279A.070
Statutes/Other Implemented: ORS
				  279A.050(3),
				  279A.065  & 279C.110
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 148 - CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING, LAND SURVEYING AND RELATED SERVICES CONTRACTS › Section 731-148-0260 - Two-Tiered Selection Procedure for Local Contracting Agency Public Improvement Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 Procurements subject to ORS
			 279C.125,
			 ODOT will serve as the lead Contracting Agency and will enter into Contracts
			 which result from the two-tiered selection process described below.
(2) Tier One.
(a) ODOT shall, when feasible, identify no
			 fewer than three most qualified Proposers responding to an RFP that was issued
			 under OAR 731-148-0220  (Formal Selection Procedure), or from among Architects,
			 Engineers, Photogrammetrists, Transportation Planners, or Land Surveyors
			 identified under OAR 731-148-0200  (Direct Appointment Procedure) or OAR
			 731-148-0205  (Small Purchase Procedure).
(b) ODOT shall notify the Local Contracting
			 Agency of the Architects, Engineers, Photogrammetrists, Transportation
			 Planners, or Land Surveyors identified in (a) above.
(c) The Local Contracting Agency shall not
			 Evaluate Tier One.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 148 - CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING, LAND SURVEYING AND RELATED SERVICES CONTRACTS › Section 731-148-0300 - Prohibited Payment Methodology; Purchase Restrictions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as otherwise allowed by law, ODOT
			 shall not enter into any Contract that includes compensation provisions that
			 expressly provide for payment of:
(a)
			 Consultant's costs under the Contract plus a percentage of those costs;
			 or
(b) A percentage of the Project
			 construction costs or total Project costs.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 149 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 731-149-0010 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
Except as specifically set forth below, the Oregon Department
				of Transportation adopts OAR 137-049-0100  through 137-049-0910, the Department
				of Justice Model Rules, General Provisions Related to Public Contracts for
				Construction Services for any Public Improvement Contract procurements
				conducted pursuant to OAR chapter 731, division 149.
(1) The following sentence is adopted instead
			 of the first sentence of OAR 137-049-0330(1): Receipt. ODOT shall
			 electronically or mechanically time-stamp or hand-mark each Offer and any
			 modification or other submittals upon receipt, or provide a self-time-stamping
			 device for use by Offerors for these purposes.
(2) Per ORS 279C.337, construction
			 manager/general contractor services shall be procured in accordance with the
			 model rules the Attorney General adopts under ORS 279A.065 (3) as may be
			 updated from time to time (see OAR 137-049-0690  et al); therefore, OAR
			 137-049-0610  through 137-049-0690  applicable to procurements of construction
			 manager/general contractor services adopted pursuant to ORS 279A.065(3) and ORS
			 279C.337(1), are adopted herein.
(3) The Oregon Department of Transportation
			 does not adopt any Oregon Department of Justice Division 49 rule related to
			 diesel engine requirements pursuant to ORS 279C.537. The Oregon Department of
			 Transportation has adopted OAR 731-005-0800  and OAR 731-149-0020  to implement
			 ORS 279C.537.
(4) In the event of a
			 conflict between the ODOT Chapter 731, Division 149 Rules and the Department of
			 Justice Model Rules referenced above for Alternative Contracting Methods for
			 Public Improvement Contracts, the Department of Justice Model Rules for
			 Alternative Contracting Methods for Public Improvement Contracts
			 control.
Statutory/Other Authority: ORS 184.619 & 279A.065
Statutes/Other Implemented: ORS
				  279A.065
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 149 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 731-149-0020 - Clean Diesel Construction Standard

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Department of Transportation
			 does not adopt any Oregon Department of Justice Division 049 rule related to
			 diesel engine requirements pursuant to ORS
			 279C.537.
			 The Oregon Department of Transportation has adopted OAR 731-005-0800  and OAR
			 731-149-0020  to implement ORS
			 279C.537.
(2) The definitions provided in OAR
			 731-005-0430  apply to sections (3) through (10) of this rule.
(3) For a Public Improvement Contract where
			 the majority of the Project Site is located within Clackamas, Multnomah, or
			 Washington County, the public improvement is subject to the following
			 requirements:
(a) For a Public Improvement
			 Contract with a Solicitation Document advertisement date on or after January 1,
			 2022 but before January 1, 2025, when the Public Improvement Contract will have
			 an awarded Contract Amount of $20 million or more, 60 percent of the total
			 Non-Road Diesel Equipment used on the Project Site during the performance of
			 the Public Improvement Contract must meet or exceed United States Environmental
			 Protection Agency Tier 4 Exhaust Emission Standards for non-road compression
			 ignition diesel engines; or if not equipped with a Tier 4 compression ignition
			 diesel engine, must be retrofit with a Verified Diesel Oxidation Catalyst or
			 Verified Diesel Particulate Filter;
(b) For a Public Improvement Contract with a
			 Solicitation Document advertisement date on or after January 1, 2025 but before
			 January 1, 2029, when the Public Improvement Contract will have an awarded
			 Contract Amount of $15 million or more, 70 percent of the total Non-Road Diesel
			 Equipment used on the Project Site during the performance of the Public
			 Improvement Contract must meet or exceed United States Environmental Protection
			 Agency Tier 4 Exhaust Emission Standards for non-road compression ignition
			 diesel engines; or if not equipped with a Tier 4 compression ignition diesel
			 engine, must be retrofit with a Verified Diesel Oxidation Catalyst or Verified
			 Diesel Particulate Filter;
(c) For
			 a Public Improvement Contract with a Solicitation Document advertisement date
			 on or after January 1, 2029, when the Public Improvement Contract will have an
			 awarded Contract Amount of $10 million or more, 80 percent of the total
			 Non-Road Diesel Equipment used on the Project Site during the performance of
			 the Public Improvement Contract must meet or exceed United States Environmental
			 Protection Agency Tier 4 Exhaust Emission Standards for non-road compression
			 ignition diesel engines; or if not equipped with a Tier 4 compression ignition
			 diesel engine, must be retrofit with a Verified Diesel Oxidation Catalyst or
			 Verified Diesel Particulate Filter.
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 5 - SPECIAL TRANSPORTATION FUND FOR THE ELDERLY AND HANDICAPPED › Section 732-005-0000 - Purpose of Rule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 rules in Chapter 732, Divisions 5, 10 and 20 establish the procedures and
			 requirements of the Public Transit Division for the administration of the
			 Special Transportation Fund (STF) for the Elderly and Disabled.
(2) The rules in Chapter 732, Divisions 5 and
			 30 establish the procedures and requirements of the Public Transit Division for
			 the administration of the Special Transportation Operating (STO) Grants
			 Program.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  391.810
Stats. Implemented: ORS
				  391.800 -
				  391.830, Ch 910 OL
				  2009
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 5 - SPECIAL TRANSPORTATION FUND FOR THE ELDERLY AND HANDICAPPED › Section 732-005-0005 - Statutory Authority and Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 391.810 requires the Public
				Transit Division to adopt rules necessary for the administration and
				implementation of the STF under ORS
				391.800 through
				391.830.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  391.810
Stats. Implemented: ORS
				  391.800 -
				  391.830
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 5 - SPECIAL TRANSPORTATION FUND FOR THE ELDERLY AND HANDICAPPED › Section 732-005-0016 - Purpose and Use of the STF and STO Moneys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The STF and STO funds are intended to
			 provide a flexible, coordinated, reliable and continuing source of revenue in
			 support of Transportation Systems and Services that provide transportation for
			 the Elderly and People with Disabilities.
(2) STF and STO moneys may be used for the
			 following purposes:
(a) Maintenance of
			 existing Transportation Systems and Services for the Elderly and People with
			 Disabilities.
(b) Expansion of such
			 Systems and Services.
(c) Creation
			 of new Systems and Services.
(d)
			 Planning for, and development of, access to transportation for the Elderly and
			 People with Disabilities who are not currently served by transportation
			 programs and services.
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 5 - SPECIAL TRANSPORTATION FUND FOR THE ELDERLY AND HANDICAPPED › Section 732-005-0021 - Administration by the Public Transit Division

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division will conduct the necessary
			 activities to manage the STF and STO Grant Fund programs.
(2) Activities conducted by the Division
			 include, and are not limited to, distribution of funds, application and review
			 processes, agreement procedures, program oversight, protests, statewide
			 planning and research, training and technical assistance.
(3) STF and STO moneys will be accounted for
			 separately.
(4) After payment of
			 the state administrative costs of the program, the Division will make available
			 STO moneys annually to STF Agencies.
(a) The
			 distribution will be determined by the Division.
(b) Each STF Agency that applies will receive
			 at least $15,000.
(c) STO moneys
			 will be claimed by STF Agencies through an application submitted to the
			 Division during the STO grant application period defined by the Division.
			 Failure to apply will result in forfeiture of the available funds.
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 5 - SPECIAL TRANSPORTATION FUND FOR THE ELDERLY AND HANDICAPPED › Section 732-005-0027 - STF Agencies Eligible for STF and STO Moneys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After payment of the state's
			 administrative costs of the program, the Division will make available moneys
			 from the STF. STF moneys may be distributed to the following:
(a) To Districts where they exist;
(b) To counties where no Districts exist;
			 and
(c) To federally recognized
			 Indian Tribes in Oregon.
(d) If two
			 or more Districts are located in one county, the moneys will be distributed to
			 the Mass Transit District. If there is no Mass Transit District located in the
			 county, then the moneys will be distributed to the Transportation District with
			 highest population.
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 5 - SPECIAL TRANSPORTATION FUND FOR THE ELDERLY AND HANDICAPPED › Section 732-005-0031 - Advisory Committee Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The STF Agency will appoint an Advisory
			 Committee.
(2) The purpose of the
			 Advisory Committee is to advise and assist the STF Agency in carrying out the
			 purposes of the STF and STO.
(3)
			 The Advisory Committee will:
(a) Advise the
			 STF Agency regarding the opportunities to coordinate STF and STO moneys and
			 STF- and STO-funded Projects with other transportation programs and services to
			 avoid duplication and gaps in service;
(b) Review the proposed distribution of
			 Formula Program moneys and make recommendations to the STF Agency;
(c) Review STO and Discretionary Grant
			 proposals and make recommendations to the STF Agency;
(d) Adhere to Oregon Public Meetings laws, as
			 applicable;
(e) Meet a minimum of
			 two times per year, or a sufficient number of times so as to advise the STF
			 Agency in carrying out the purposes of the STF and STO Programs;
(f) Participate in developing in the STF Plan
			 that will be used to perform the activities described in this section;
			 and
(g) Be guided by written bylaws
			 that may include, but are not limited to, committee membership criteria, terms
			 of office for the committee members, procedures of the committee, meeting
			 schedule and other operating and decision-making procedures.
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 5 - SPECIAL TRANSPORTATION FUND FOR THE ELDERLY AND HANDICAPPED › Section 732-005-0036 - Accounting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 STF Agency will receive and disburse STF and STO moneys from a separate
			 governmental fund. Any money realized as a result of interest accrued will be
			 added to the moneys and will be reported to the Division.
(2) Record Retention:
(a) The STF Agency will maintain all
			 financial records for at least three years after the Division's final
			 disbursement for the fiscal year; and
(b) The STF Agency will maintain all records
			 relating to Capital Items for three years after disposition.
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 5 - SPECIAL TRANSPORTATION FUND FOR THE ELDERLY AND HANDICAPPED › Section 732-005-0041 - Capital Item Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Capital Items may be purchased with STF
			 moneys:
(a) Incidental Use of a Capital Item
			 for other Public Transportation Services is authorized if associated with
			 Coordination to benefit the Elderly and People with Disabilities; and
(b) The Incidental Use will not substantially
			 reduce the effective use of the Capital Item for the Elderly and People with
			 Disabilities.
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 5 - SPECIAL TRANSPORTATION FUND FOR THE ELDERLY AND HANDICAPPED › Section 732-005-0046 - Audit Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) STF
			 and STO moneys will be specifically and individually addressed in the STF
			 Agency's annual audit. If requested by the Division, the STF Agency will
			 provide the Division with a copy of the audit report.
(2) The Division may request additional
			 information including, but not limited to, audits of specific
			 Projects.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  391.810
Stats. Implemented: ORS
				  391.800 -
				  391.830, Ch 910 OL
				  2009
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 5 - SPECIAL TRANSPORTATION FUND FOR THE ELDERLY AND HANDICAPPED › Section 732-005-0051 - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of reporting is to:
(a) Ensure that
			 STF and STO moneys are being used for the purpose of financing and improving
			 transportation programs for the Elderly and People with Disabilities;
(b) Measure the effects of the program;
			 and
(c) Provide information to the
			 Oregon State Legislature.
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 5 - SPECIAL TRANSPORTATION FUND FOR THE ELDERLY AND HANDICAPPED › Section 732-005-0056 - Withholding of Funds from a STF Agency

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division may withhold payment of STF
			 and STO moneys if:
(a) The funds are not
			 being used in accordance with these rules;
(b) All required reporting has not been
			 submitted; or
(c) There are any
			 unresolved audit findings relating to the moneys.
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 5 - SPECIAL TRANSPORTATION FUND FOR THE ELDERLY AND HANDICAPPED › Section 732-005-0061 - Management of Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Division will enter into agreements with a STF Agency after approval of the STF
			 Agency's application for STF and STO moneys.
(a) The agreement will include:
(A) A description of the use of the STF or
			 STO moneys. The description of an STO funded project must clearly indicate that
			 the project meets the definition of an Operations Expense;
(B) A beginning and end date;
(C) Termination and suspension
			 clauses;
(D) Other applicable
			 requirements of these rules; and
(E) Sanctions for failure to comply with the
			 requirements of the agreement, including and not limited to, withholding and
			 repayment of funds for cause.
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 5 - SPECIAL TRANSPORTATION FUND FOR THE ELDERLY AND HANDICAPPED › Section 732-005-0066 - STF Agency Joint Management of the STF and STO Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Two or more STF
			 agencies may jointly manage their STF and STO Programs. Joint Management means
			 two or more STF Agencies joining together to manage their STF and STO Programs
			 by consultation and acting independently, or by jointly managing the functions
			 of the STF program.
(a) Joint management
			 through consultation does not require an agreement between the
			 parties.
(b) Joint management of
			 the functions including, and not limited to, pooling STF and STO moneys and
			 jointly allocating funds to Projects, requires an agreement between the STF
			 Agencies.
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 5 - SPECIAL TRANSPORTATION FUND FOR THE ELDERLY AND HANDICAPPED › Section 732-005-0071 - Protest Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Division will conduct a process to resolve protests of
				funding decisions made by the Oregon Department of Transportation.
(1) Within 30 days of notification of a
			 funding decision, the STF Agency may file a protest of the decision.
(a) The STF Agency will address the protest
			 to the Administrator of the Division; and
(b) The protest will identify the project or
			 proposed project affected by the funding decision, the Recipient or proposed
			 Recipient affected by the decision, any arguments pertaining to the protest,
			 and the requested remedy.
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 5 - SPECIAL TRANSPORTATION FUND FOR THE ELDERLY AND HANDICAPPED › Section 732-005-0076 - Recipient Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 be eligible to receive STF and STO moneys for a Project, a Recipient will meet,
			 or have the capacity to meet, the following qualifications, as applicable to
			 the type of Project being funded. A Recipient will:
(a) Be an entity eligible to enter into
			 agreements;
(b) Have the legal,
			 managerial and operational capacity to perform the Project;
(c) Not be debarred or suspended from federal
			 grants;
(d) Maintain compliance
			 with federal, state and local laws and regulations including, and not limited
			 to, those pertaining to passenger transportation, civil rights, labor,
			 insurance, safety and health, as applicable;
(e) Comply with the laws or rules of this
			 program;
(f) Properly use STF and
			 STO moneys; and
(g) Perform the
			 Project in a safe, prudent and timely manner.
(h) If a Recipient is identified as
			 ineligible to receive other funds offered by the state or federal government
			 resulting from a failure to meet the criteria identified in subsection (a)
			 through (g) of this section, the Recipient may be ineligible to receive STF and
			 STO moneys.
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 5 - SPECIAL TRANSPORTATION FUND FOR THE ELDERLY AND HANDICAPPED › Section 732-005-0081 - STF Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A STF Agency
			 will develop, adopt, and regularly update a written STF Plan:
(a) The purpose of the STF Plan is to set out
			 the long term vision for public transportation in the STF Agency's service
			 area, and guide investment of STF and STO moneys to maximize benefit to the
			 Elderly and People with Disabilities within that area.
(b) The STF Agency will adopt its first plan
			 no later than June 30, 2007.
(c)
			 The STF Plan will:
(A) Cover at least a three
			 year period;
(B) Counties will
			 consider the transportation needs of the Elderly and People with Disabilities
			 residing within the county;
(C)
			 Districts will consider the transportation needs of the Elderly and People with
			 Disabilities residing in the in-district and out-of-district areas of the
			 county(ies); and
(D) Indian Tribes
			 will consider the needs of tribal members and other Elderly and People with
			 Disabilities served by the tribe and residing in the area served by the
			 tribe.
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 10 - THE SPECIAL TRANSPORTATION FUND FORMULA PROGRAM › Section 732-010-0005 - Formula Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Revenues from the STF are made available annually.
(2) STF Agencies may apply at any
			 time.
(3) Money is paid regularly
			 to the STF Agency upon approval of its application, and submission of reports
			 required by OAR 732-005-0051.
(4)
			 In order to be eligible to receive Formula Program moneys, the STF Agency has,
			 or will have, one or more Projects eligible for funding, as specified by OAR
			 732-005-0016.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  391.810
Stats. Implemented: ORS
				  391.800 -
				  391.830
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 10 - THE SPECIAL TRANSPORTATION FUND FORMULA PROGRAM › Section 732-010-0010 - Formula Distribution

Current through Register Vol. 63, No. 7, July 1, 2024
For those STF moneys distributed by formula:
(1) The Division will distribute STF moneys
			 regularly, and at least quarterly.
(2) Each January, prior to the state
			 biennium, the Division will estimate the STF moneys to be distributed during
			 the biennium:
(a) The estimate will include
			 the reconciliation of STF receipts from prior years and funds unclaimed by STF
			 Agencies; and
(b) If necessary, the
			 estimate may be adjusted during the biennium, in January, to reflect actual tax
			 receipts and other revenues contributing to the STF moneys.
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 10 - THE SPECIAL TRANSPORTATION FUND FORMULA PROGRAM › Section 732-010-0015 - Application Procedures for Formula Program Moneys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division will inform each STF Agency
			 of the amount of Formula Program moneys for which they are eligible.
(2) To apply for Formula Program moneys, the
			 STF Agency will submit a completed application on forms supplied by the
			 Division.
(3) The information
			 required in the application will be sufficient to ensure that the requirements
			 of these rules are met.
(4) An
			 authorized official of the STF Agency will sign the application.
(5) A STF Agency may apply for funds at any
			 time.
(6) If a STF Agency fails to
			 apply for Formula Program moneys, the moneys will remain available to the STF
			 Agency for a period not to exceed three years.
(a) Funds held by the Division due to failure
			 to apply will not accrue interest; and
(b) The Administrative Allotment will be
			 available during the year of application.
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 10 - THE SPECIAL TRANSPORTATION FUND FORMULA PROGRAM › Section 732-010-0020 - Formula Program Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division will review and approve
			 Formula Program applications:
(a) The
			 Division will consider material submitted in the application as the basis for
			 application approval; and
(b) The
			 Division may ask for further information or clarification.
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 10 - THE SPECIAL TRANSPORTATION FUND FORMULA PROGRAM › Section 732-010-0025 - Submission of Amended Formula Program Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The STF Agency may amend their
			 application at any time by filing an amended application with the
			 Division.
(2) The STF Agency will
			 retain authority over costs and allocations within its jurisdiction and may
			 shift funds among Recipients and Projects identified in an application approved
			 by the Division as necessary for the desired services:
(a) The STF Agency will submit an amended
			 application if there are additional Recipients or Projects;
(b) Changes in the distribution of funds
			 among already approved Recipients do not require Division approval. The STF
			 Agency will notify the Division of any changes; and
(c) Changes in the Advisory Committee do not
			 require an amended application.
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 10 - THE SPECIAL TRANSPORTATION FUND FORMULA PROGRAM › Section 732-010-0030 - Disbursement of Formula Program Moneys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon approval of the application for the
			 Formula Program moneys, the Division will enter into an agreement with the STF
			 Agency.
(2) After the agreement is
			 signed by both parties, the Division will disburse the moneys.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  391.810
Stats. Implemented: ORS
				  391.810 -
				  391.830
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 10 - THE SPECIAL TRANSPORTATION FUND FORMULA PROGRAM › Section 732-010-0035 - STF Agency's Distribution of Formula Program Moneys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The STF Agency
			 will determine the purposes for which the Formula Program moneys will be used,
			 in accordance with their STF Plan.
(2) The STF Agency may use procedures of its
			 choice to distribute Formula Program moneys.
(3) The STF Agency that is a District is
			 responsible for funding Projects benefiting the Elderly and People with
			 Disabilities both within its boundaries and outside them in the surrounding
			 county(ies):
(a) Projects outside the district
			 will receive a proportionate amount of the Formula Program moneys based on the
			 population outside the District;
(b) The proportion is based on the last
			 decennial federal census; and
(c)
			 The District will report the distribution of Formula Program moneys in its
			 application to the Division.
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 10 - THE SPECIAL TRANSPORTATION FUND FORMULA PROGRAM › Section 732-010-0045 - Redistribution of Program Funds

Current through Register Vol. 63, No. 7, July 1, 2024
For formula moneys, the Division will redistribute funds that
				have not been requested after three years to participating STF
				Agencies.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  391.810
Stats. Implemented: ORS
				  391.800 -
				  391.830
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 20 - THE STF DISCRETIONARY PROGRAM › Section 732-020-0005

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  391.810
Stats. Implemented: ORS
				  391.800 -
				  391.830
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 20 - THE STF DISCRETIONARY PROGRAM › Section 732-020-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  391.810
Stats. Implemented: ORS
				  391.800 -
				  391.830
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 20 - THE STF DISCRETIONARY PROGRAM › Section 732-020-0025

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  391.810
Stats. Implemented: ORS
				  391.800 -
				  391.830
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 20 - THE STF DISCRETIONARY PROGRAM › Section 732-020-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  391.810
Stats. Implemented: ORS
				  391.800 -
				  391.830
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 20 - THE STF DISCRETIONARY PROGRAM › Section 732-020-0035

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  391.810
Stats. Implemented: ORS
				  391.800 -
				  391.830
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 20 - THE STF DISCRETIONARY PROGRAM › Section 732-020-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  391.810
Stats. Implemented: ORS
				  391.800 -
				  391.830
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 20 - THE STF DISCRETIONARY PROGRAM › Section 732-020-0045

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  391.810
Stats. Implemented: ORS
				  391.800 -
				  391.830
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 20 - THE STF DISCRETIONARY PROGRAM › Section 732-020-0050

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS 184.619 & 391.810
Statutes/Other Implemented: ORS 391.800 - 391.830 &
				  408.225
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 30 - SPECIAL TRANSPORTATION OPERATING PROGRAM › Section 732-030-0005 - STO Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Revenues from the STO Program are made available annually.
(2) STF Agencies may apply for STO funds
			 during an application period defined by the division.
(3) STO funds are paid to the STF Agency upon
			 approval of its application and submission of reports required by OAR
			 732-005-0051.
(4) In order to be
			 eligible to receive STO moneys, the STF Agency must have Projects eligible for
			 funding, as specified by OAR 732-005-0016(4).
(5) The amount of STO money awarded to each
			 STF Agency will be determined by the sum of the costs for the projects approved
			 by the Division, and will not exceed the amount of STO moneys for which each
			 STF Agency is eligible.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  391.810
Stats. Implemented: ORS
				  391.800 -
				  391.830, Ch 910 OL
				  2009
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 30 - SPECIAL TRANSPORTATION OPERATING PROGRAM › Section 732-030-0010 - Fund Distribution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Division will distribute STO moneys regularly, and at least
			 quarterly.
(2) Each January, prior
			 to the beginning of each state biennium, the Division will estimate the STO
			 moneys to be distributed during the next biennium. The estimate will include
			 the reconciliation of STO receipts from prior years and funds unclaimed by STF
			 Agencies.
(3) Moneys will be made
			 available to each STF Agency on the basis of formula distribution defined by
			 the Division.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  391.810
Stats. Implemented: ORS
				  391.800 -
				  391.830, Ch 910 OL
				  2009
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 30 - SPECIAL TRANSPORTATION OPERATING PROGRAM › Section 732-030-0015 - Application Procedures for STO Moneys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division will inform each STF Agency
			 of the amount of STO moneys for which they are eligible.
(2) To apply for STO moneys, the STF Agency
			 will submit a completed application on forms supplied by the
			 Division.
(3) The information
			 required in the application will be sufficient to ensure that the requirements
			 of these rules are met.
(4) An
			 authorized official of the STF Agency will sign the application.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  391.810
Stats. Implemented: ORS
				  391.800 -
				  391.830, Ch 910 OL
				  2009
Oregon Administrative Rules › Chapter 732 - DEPARTMENT OF TRANSPORTATION, PUBLIC TRANSPORTATION DIVISION › Division 30 - SPECIAL TRANSPORTATION OPERATING PROGRAM › Section 732-030-0020 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division
			 will review and approve STO fund applications:
(a) The Division will consider material
			 submitted in the application as the basis for application approval;
			 and
(b) The Division may ask for
			 further information or clarification.