Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Department
will administer all Grants.
(2) The
Department and Recipient 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. Agreements shall follow Board approved Department Policy and
Procedures document and manual.
(3)
The Agreement will contain provisions and requirements, including but not
limited to:
(a) Documentation of the
projected costs for an Approved Project must be submitted to the Department
prior to the disbursal of Program Funds.
(b) Only Project costs incurred on or after
the effective date of the Agreement are eligible for grant funds with the
exception of Priority 1 FAA grant match projects as defined in OAR
738-124-0060
(5)(b), as long as all other applicable FAA
grant requirements have been met.
(c) Disbursal of Program Funds for grants
will be paid on a reimbursement basis and will not exceed one disbursal per
month; this is not applicable to the SOAR Program. The Director or the Board
may make exceptions to the reimbursement basis if the Department finds that the
Recipient would have difficulty meeting requirements.
(d) Except under the SOAR Program, five
percent of funds received from the Aviation System Action Program Fund will be
withheld from each reimbursement request and shall be released to Recipient as
the conditions established by the Department are met. The Department will
determine retainage limits in accordance with ORS
835.112. Funds withheld shall be
released to 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 monies received from the Aviation System Action Program Fund in Project
accounts in accordance with Generally Accepted Accounting Principles.
(g) Any Program Funds disbursed but not used
for an Approved Project must be returned to the Department.
(h) Amendments to Agreements are required to
change an Approved Project's cost, scope, objectives or timeframe.
(i) 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.
(j) 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. The Department will not impose
sanctions until the Recipient has been notified in writing of such failure to
comply with the Program requirements as specified in this Rule 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)
There is a significant deviation 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.
(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 of unexpended Program Funds or repayment of expended Program
Funds.
(d) Bar the Recipient from
applying for future assistance.
(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 business 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
835.035, ORS
835.040, ORS
835.112 & OL 2015 c.700
Section 7
Statutes/Other Implemented: ORS
835.015, ORS
835.025, ORS
836.015, ORS
836.070 & ORS
319.020
