Iowa Admin. Code r. 129-22.6 - Administration of award
(1)
Grant
agreement required. The office may require a grantee to enter into a
grant agreement with the office in accordance with the terms, conditions, and
requirements of the NOFA. Such grant agreement may include, but not be limited
to, the total amount of the grant funds awarded to the grantee; a description
of the project to be completed by the grantee and specifications related
thereto; a description of allowable expenditures; conditions related to the
disbursement of grant funds; default and termination procedures; performance,
certification, and verification requirements/criteria necessary to confirm
project success/completion; and repayment requirements in the event the grantee
does not fulfill its obligations under the agreement, these rules, or Iowa Code
chapter 8B. In addition to any terms, conditions, or requirements specifically
set forth in such agreement, any and all requirements established by Iowa Code
chapter 8B, these rules, other applicable law, rule, or regulation, or the NOFA
shall be deemed incorporated by reference into such grant agreement as if fully
set forth therein.
(2)
Mapping data required. Upon project completion, a grantee must
supply the office with geographic information system (GIS) data in a form
acceptable to the office demonstrating specifically where broadband
infrastructure for which grant funds have been utilized, in whole or in part,
has been installed, regardless of whether such infrastructure actually serves
any customers in targeted service area(s) forming a basis of the application at
the time such mapping data is supplied to the office. Such GIS data must enable
the office to determine which specific broadband units within each targeted
service area forming the basis of the project have access to broadband service
at or above the download and upload speeds specified in Iowa Code section 8B.11 as a result of the project.
(3)
Reimbursements, record keeping/audits, performance/certification, and
repayment. In the absence of more specific provisions in an agreement
executed between a grantee and the office in accordance with these rules
establishing conflicting or inconsistent terms and conditions, the following
terms and conditions shall apply by default to any award of grant funds made by
the office under Iowa Code section 8B.11 and these rules:
a.
Reimbursement.
(1) General. A grantee shall only be
reimbursed by the office for:
1. Allowable and
not disallowed expenditures actually and previously incurred by the grantee.
What constitutes allowable or disallowable expenditures shall be further
specified in the NOFA or grant agreement;
2. Expenditures for broadband infrastructure
solely to the extent such broadband infrastructure facilitates broadband
service at or above the download and upload speeds specified in Iowa Code
section 8B.11 within targeted service areas forming the basis of the project;
and
3. Expenditures for which the
grantee is able to supply sufficient and appropriate documentation. What
constitutes sufficient or appropriate documentation shall be further specified
in the NOFA or grant agreement.
(2) Timing. Requests for reimbursement may be
submitted to the office in accordance with the terms and conditions in the NOFA
or grant agreement.
b.
Performance/certification. After the completion of a project
and not less than 60 days prior to four years from the date of issuance of the
NOFA, or 60 days prior to four years from the appropriation of grant funds,
whichever is earlier, a grantee must:
(1)
Certify to the office that the project was completed as proposed in the
original application, including but not limited to that the final installation
facilitates broadband service at or above the download and upload speeds
specified in Iowa Code section 8B.11 in each of the applicable targeted service
areas identified in the original application, and identify the total number of
broadband units actually receiving broadband service in each of the targeted
service areas identified in the original application as a result of the
project.
(2) Attest that any
claimed, allowable expenditures are true and accurate, were directly related to
the installation of broadband infrastructure that facilitates broadband service
at or above the download and upload speeds specified in Iowa Code section 8B.11 in eligible targeted service areas forming the basis of the project, and were
properly allocated in accordance with the terms, conditions, and requirements
of the NOFA or grant agreement.
(3)
Supply the office with updated GIS data in accordance with subrule
22.6(2).
c.
Performance testing. The office may, in its discretion,
conduct performance tests, on one or multiple occasions, for compliance with
the requirements of Iowa Code sections 8B.1 and 8B.11, these rules, and any
grant agreement entered into between a grantee and the office pursuant to
subrule 22.6(1) for up to five years after broadband service is certified as
complete in accordance with paragraph 22.6(3)"b." The office
may exercise this right both before and after reimbursing a grantee for any
claimed, allowable expenditures, but if the office elects to do so before
reimbursing a grantee for any claimed, allowable expenditures, it will do so
within a reasonable time, not to exceed one year, after broadband service is
certified as complete in accordance with paragraph 22.6(3)"b."
Such performance tests may include but not be limited to:
(1) Speed tests anywhere between a grantee's
central office and the demarcation at any customer's location in a targeted
service area or broadband block in which the project was to be
deployed;
(2) In the case of
wireless installations, from any location in a targeted service area or
broadband block in which the project was to be deployed; or
(3) In the case where a grantee does not have
a customer in a targeted service area being served by the installation,
certification obtained by the grantee and supplied to the office from an
independent third party who is a properly licensed engineer that the
installation facilitates broadband service at or above the download and upload
speeds specified in Iowa Code section 8B.11 in applicable targeted service
areas identified in the original application. The costs of such certification
shall be borne by the grantee.
d.
Disbursement/repayments.
(1) A grantee shall not be entitled to the
applicable portion of any grant funds or shall be obligated to repay the office
the applicable portion of any grant funds previously distributed by the office
to the grantee if the office determines that:
1. Claimed expenditures or a prior
reimbursement, in whole or in part, was comprised of expenditures that were not
allowable or were disallowed, were improperly or incorrectly allocated, or were
not supported by sufficient and appropriate documentation;
2. Claimed expenditures or the total amount
previously reimbursed by the office exceeds the amount determined by Iowa Code
section 8B.11(5) or 8B.11(6) of the grantee's estimated or final total
allowable project costs, whichever is less.
(2) A grantee shall not be entitled to any
grant funds or shall be obligated to repay the office the entire amount of any
grant funds previously distributed by the office to the grantee if the office
determines that:
1. Claimed expenditures or a
prior reimbursement, in whole or in part, was used for the installation of
broadband infrastructure that was not in or does not facilitate broadband
service at or above the download and upload speeds specified in Iowa Code
section 8B.11 in a targeted service area identified in the original
application;
2. A grantee fails to
complete the project as proposed in the original application; or
3. Any representation or warranty made by a
grantee in an application for grant funds, a grant agreement entered into
between a grantee and the office pursuant to subrule 22.6(1), or in any other
representation or statement made by the grantee to the office proves untrue in
any material respect as of the date of the issuance or making
thereof.
e.
Notice of default. If the office determines a grantee is not
entitled to or is otherwise required to repay the office in accordance with
paragraph 22.6(3)"d," the office may issue the grantee a
"Notice of Default," which shall afford the grantee 30 days to cure the
default. Whether a grantee has sufficiently cured the default shall be
determined in the sole discretion of the office. If a grantee fails to cure the
default within 30 days, the office may issue an order requiring the grantee to
reimburse the office for the amount specified in the "Notice of
Default."
(4)
Remedies for noncompliance. In addition to issuing a "Notice
of Default" and subsequent order requiring the grantee to reimburse the office
for failing to cure the default pursuant to paragraph
22.6(3)"e" and any other remedies available to the office
pursuant to a grant agreement entered into between a grantee and the office
pursuant to subrule 22.6(1), the office may, for cause, find that a grantee is
not in compliance with the requirements of Iowa Code section 8B.11, these
rules, or a grant agreement entered into by the office and a grantee pursuant
to subrule 22.6(1).
a. At the office's sole
discretion, remedies for noncompliance may include, but are not limited to, the
following:
(1) Issuing a warning letter
stating that further failure to comply with program requirements within a
stated period of time will result in a more serious action.
(2) Conditioning a future grant on compliance
with program requirements within a stated period of time.
(3) Disallowing future
reimbursements.
(4) Requiring that
some or all previously issued grant funds be reimbursed to the
office.
b. Reasons for a
finding of noncompliance include, but are not limited to, one or more of the
following:
(1) A violation of any of the terms
or conditions of a grant agreement entered into between the office and a
grantee pursuant to subrule 22.6(1);
(2) A grantee's failure to complete a project
in a timely manner;
(3) A grantee's
failure to comply with any applicable state or federal laws, rules, or
regulations;
(4) Claimed
expenditures or a prior reimbursement, in whole or in part, was comprised of
expenditures that were not allowable or were disallowed, were improperly or
incorrectly allocated, or were not supported by sufficient and appropriate
documentation;
(5) Claimed
expenditures or a prior reimbursement, in whole or in part, was used for the
installation of broadband infrastructure that does not facilitate broadband
service at or above the download and upload speeds specified in Iowa Code
section 8B.11 in a targeted service area identified in the original
application;
(6) A grantee fails to
complete the project as proposed in the original application;
(7) The total claimed exceeds amounts allowed
by the grant agreement or statute;
(8) Any representation or warranty made by a
grantee in an application for grant funds, an agreement entered into between a
grantee and the office pursuant to subrule 22.6(1), or in any other
representation or statement made by the grantee to the office proves untrue in
any material respect as of the date of the issuance or making
thereof.
(5)
Office's decision and right to appeal.
a. Any decision of the office entitled
"proposed decision," "final decision," or other like caption as relating to any
issues described in subparagraphs 22.6(5)"a"(1) through (5)
below shall become final unless, within 30 days of the transmission of such
decision by the office by email to the email address of the individual
identified in paragraph 22.4(2)"b" or to the email address of
a person otherwise identified by the grantee in writing prior to the issuance
of such decision as the person authorized by the grantee to respond to
inquiries regarding the administration of the grant, a grantee which is
adversely affected by the decision files a request for a contested case
proceeding pursuant to 129-Chapter 6.
(1) The
interpretation, construction, or application of any terms or conditions or
resolution of a dispute under a grant agreement entered into between the office
and a grantee or under these rules;
(2) Whether or in what amount a grantee is
entitled to reimbursement pursuant to a grant agreement entered into between
the office and a grantee, or under these rules;
(3) Whether or in what amount a grantee must
repay the office pursuant to a grant agreement entered into between the office
and a grantee or under these rules;
(4) The imposition of any remedies for
noncompliance in accordance with subrule 22.6(4); or
(5) Any other decision of the office that
relates to the administration of a grant awarded pursuant to Iowa Code section
8B.11, these rules, or a grant agreement entered into between the office and a
grantee.
b. Failure to
challenge the office's decision under this rule by filing a request for a
contested case within the 30-day period shall waive any claims an applicant may
have related to the administration of a grant award and otherwise be deemed a
failure to exhaust administrative remedies.
Notes
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