Current through Register Vol. 63, No. 12, December 1, 2024
(1)
The Department will administer all grants.
(2) The Department and an Applicant 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 terms including but not limited to:
(a) A requirement that a written estimate of
project costs for an Approved Project be submitted to the Department prior to
the disbursal of any Program Funds.
(b) Only Project costs incurred on or after
the effective date of the Agreement are eligible for reimbursement.
(c) Disbursal of Program Funds for grants
will be paid on a reimbursement basis and will not exceed one disbursal per
month.
(d) Five percent (5%) of
reimbursed expenditures will be withheld and shall be released to grant
Recipient upon final project acceptance by the Department.
(e) 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.
(f)
Recipients must separately account for all moneys received from the Multimodal
Active Transportation Fund in Project accounts in accordance with Generally
Accepted Accounting Principles.
(g)
Program Funds disbursed but not used for an Approved Project must be returned
to the Department.
(h) A change to
the cost, scope, objectives or timeframe will require an amendment to the
Agreement.
(i) Department and
Recipient will meet to discuss changes to scope due to reasonable unforeseen
circumstances.
(j) Recipients are
responsible for any cost overages that occur during project delivery.
(k) 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.
(l) 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 180 days of the effective
date of the Agreement;
(b) State
statutory requirements have not been met;
(c) The Department finds that Recipient is
significantly deviating from the terms and conditions of the Agreement;
(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; or
(e) 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 if items in OAR 731-036-0110 and 731-036-0120 are not
met:
(a) Revoke the Grant Award and terminate
the Agreement.
(b) Withhold
unexpended Program Funds.
(c)
Require return or repayment of expended Program Funds
(d) Bar the Applicant from applying for
future Multimodal Active Transportation 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.
