Oregon Administrative Rules
Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT
Division 700 - CHILD CARE INFRASTRUCURE PROGRAM
Section 123-700-0100 - Conditions Precedent to Disbursement of Funds
Universal Citation: OR Admin Rules 123-700-0100
Current through Register Vol. 63, No. 9, September 1, 2024
Notwithstanding the issuance of a notice of intent to award, the Department will not disburse grant or loan funds until each of the conditions set forth below are satisfied:
(1) The Department and the recipient have executed a binding contract and the contract shall be in a form provided by the Department, and must include:
(a) A provision
that disbursements from the Fund will be according to the terms of the
contract;
(b) A provision that the
Department's obligations under the contract are contingent upon the
availability of moneys in the Fund for use in the project;
(c) If any portion of the assistance is in
the form of a loan, the contract must contain a provision granting the
Department a lien on or a security interest in collateral, as determined by the
Department in its sole discretion, to sufficiently secure repayment of the loan
or bond;
(d) A provision that the
recipient shall comply with a Continued Use Period requirement as determined by
the Department;
(e) A provision
that for a period of up to three (3) years after project completion, the
Department may request that the Recipient, at its own expense, submit data on
the benefits of the project, including but not limited to, information on
number of children served resulting from the project, and other information
necessary to evaluate the success and economic impact of the project;
(f) If the contract is between the Department
and any other entity than an individual, the contract must be authorized by an
ordinance, order or resolution adopted by the governing body or partners of the
entity, and in accordance with any applicable requirements for notice and
authorizing debt;
(g) A provision
that the recipient will comply with all applicable state and federal laws,
regulations and orders of any court or governmental authority that relate to
the contract, the project and the operation of the facilities or infrastructure
of which the project is a component. In particular, but without limitation, the
recipient shall comply with the following, as applicable:
(A) All federal or state tax laws applicable
to Recipient's implementation of the project and its use of the Program
funds.
(B) State procurement
regulations found in the ORS Chapters 279A, 279B and 279C;
(C) State labor standards and wage rates
found in ORS Chapter 279C;
(D)
Oregon prevailing wage rates, municipal audit law, and procurement regulations;
and
(E) Public display of
information on Lottery funding of a project found in ORS
280.518. Recipient shall include
the following statement, prominently placed on all plans, reports, bid
documents and advertisements relating to the Project: "This Project was funded
in part by the Oregon State Lottery and administered by the Oregon Business
Development Department."; and
(2) The Department may request the recipient comply with any other provisions the Department considers necessary or appropriate to implement the Program.
Statutory/Other Authority: ORS 285A.075
Statutes/Other Implemented: OR Laws 2023 ch 523
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
