Current through Register Vol. 63, No. 12, December 1, 2024
(1)
The Department will administer all projects.
(2) The Department and a grant recipient of
an Approved Project will execute an Agreement prior to the disbursal of Program
Funds for an Approved Project. The Agreement is effective on the date all
required signatures are obtained or at such later date as specified in the
Agreement.
(3) The Agreement will
contain provisions and requirements, including but not limited to:
(a) Project costs incurred on or after the
effective date of the Agreement are eligible for grant funds. Project costs
incurred prior to the effective date of the Agreement are not eligible for
grant funds.
(b) Disbursal of
Program Funds for grants will be paid on a reimbursement basis and will not
exceed one disbursal per month.
(c)
Five percent (5%) of funds awarded from the Connect Oregon Fund will be
withheld from each reimbursement request and shall be released to Recipient as
the following conditions are met:
(A) Eighty
percent (80%) of the withheld funds shall be released to Recipient upon Final
Project Acceptance by the Department.
(B) Twenty percent (20%) of the withheld
funds shall be released to Recipient upon Department approval of a report
submitted by Recipient that, at a minimum, describes project performance
measures and jobs retained or created as a result of the project within 18
months of Final Project Acceptance by the Department.
(d) Upon request, a Recipient must provide
the Department with a copy of documents, studies, reports and materials
developed during the project, including a written report on the activities or
results of the project and any other information that may be reasonably
requested by the Department.
(e)
Recipients must separately account for all moneys received from the Connect
Oregon Fund in project accounts in accordance with Generally Accepted
Accounting Principles.
(f) Any
Program Funds disbursed but not used for an Approved Project, including
eligible project costs, must be returned to the Department.
(g) Amendments to Agreements are required to
change an Approved Project's cost, scope, objectives or timeframe.
(h) Recipients must covenant, represent and
agree to use project funds in a manner that will not adversely affect the
tax-exempt status of any bonds issued under the Program.
(i) Recipients, if applicable, must covenant,
represent and agree to remain current on all state and local taxes, fees and
assessments for the useful life of the project as prescribed in the
Agreement.
(4) The
Department may invoke sanctions against a Recipient that fails to comply with
the requirements governing the Program as specified in this rule, statute or
Program guidelines. The Department will not impose sanctions until the
Recipient has been notified in writing of such failure to comply and has been
given a reasonable time to respond and correct the deficiencies noted. The
following circumstances may warrant sanctions:
(a) Work on the Approved Project has not been
substantially initiated within six months of the effective date of the
Agreement;
(b) State statutory
requirements have not been met;
(c)
Work on the Approved Project significantly deviates from the terms and
conditions of the Agreement; or
(d)
The Department finds that significant corrective actions are necessary to
protect the integrity of the Program Funds for the Approved Project and those
corrective actions are not, or will not be, made within a reasonable
time.
(e) Recipient fails to submit
a project report as described in OAR 731-035-0080(3)(e).
(f) The Department finds that a Recipient is
not current on all applicable state and local taxes, fees and assessments
during the term of the Agreement.
(5) The Department may impose one or more of
the following sanctions:
(a) Revoke an
existing award.
(b) Withhold
unexpended Program Funds.
(c)
Require return or repayment of expended Program Funds.
(d) Bar the Recipient from applying for
future Connect Oregon Funds.
(e)
Other remedies that may be incorporated into Grant Agreements.
(6) The remedies set forth in this
rule are cumulative, are not exclusive, and are in addition to any other rights
and remedies provided by law or under the Agreement.
(7) The Director will consider protests of
the funding and project administration decisions for the Program. Only the
Recipient may protest. Protests must be submitted in writing to the Director
within 15 days of the event or action that is being protested. The Director's
decision is final. Jurisdiction for review of the Director's decision is in the
circuit court for Marion County pursuant to ORS
183.484.
(8) The Director may waive non-statutory
requirements of this Program if it is demonstrated such a waiver would serve to
further the goals and objectives of the Program.
Statutory/Other Authority: ORS
184.619,
367.082 & Ch. 816 OL 2005
Statutes/Other Implemented: ORS
367.080 - 367.086, Ch. 816 OL 2005 & Ch. 750 OL
2017
