I, Frank Keating, Governor of the State of Oklahoma pursuant to
Article VI, Section 2 of the Oklahoma Constitution, hereby direct the following
procedures be implemented in regard to local project funding contracts in which
an agency of the state is one of the contracting parties.
1. For purposes of this Executive Order, a
local project funding contract is an agreement not subject to statutory
competitive bidding requirements between a state agency and either a local
governmental entity or a private entity, or both, in which the state agency
agrees to provide funding to accomplish a public purpose. The direct benefits
of a local project funding contract shall accure primarily to the local
population rather than the state as a whole.
2. A local project funding contract shall be
awarded on the basis of the merits of local project. A state agency shall adopt
rules pursuant to the Administrative Procedures Act establishing criteria to
assure that the awarding of a local project funding contract is based on the
merits of the project.
3. Funds
shall not be encumbered for local project funding contract until the Chief
Administrative Officer or person designated by the Chief Administrative Officer
of the state agency certifies by written affidavit to the Director or the
Office of State Finance that the proposed local project funding contract meets
the criteria set out in the rules of the agency.
4. Each local project funding contract shall
be enumerated serially within the awarding agency. This number shall be cited
in all correspondence to any of the parties and the Office of State Finace
concerning the local project funding contract including the request for
encumbrance.
5. A state agency that
has local projects subject to the provisions of this Executive Order shall
prepare an announcement of projects available in the form of a press release.
The announcement shall be submitted to at least twenty-five newspapers in both
metropolitan and rural areas for publication as public service announcements at
the discretion of the editors of the newspapers. The agency shall determine
which newspapers would best serve to disseminate information to local
communities on a project by project basis. The press release announcement shall
include the following information:
a. The name
of the contracting agency;
b. A
description of the type of projects eligible for local project funding
contracts, such description being simple and easily read yet sufficiently
detailed to allow a reasonable person to know whether a project he may desire
would be eligible;
c. The total
amount of money available from the agency for the local project funding
contract program described in the announcement;
d. A description of the type of persons or
entities who are eligible for local project funding contracts and a citation to
specify authority which establish the eligibility criteria;
e. The closing date and time for receipt of
applications; andf. The name, business address, and telephone number of the
person who interested parties may contact for additional information.
6. The Office of State Finance
shall determine the procedures and forms to be used in implementing the
provisions of this Executive Order. Such procedures shall include but not be
limited to the maintenance of lists of newspapers for publication of
announcements.
Copies of this Executive Order shall be distributed to the
Secretary of State and the Director or the Office of State Finance who shall
disseminate to all appropriate state agencies.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the State of Oklahoma to be affixed at Oklahoma City, this 9th
day of December, 1998.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
Frank Keating
ATTEST:
Dawn Amundsen
Assistant Secretary of State
