Or. Admin. R. 738-124-0045 - Project Administration
(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.
(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.
Stat. Auth.: ORS
Stats. Implemented: ORS 835.015, 835.025, 836.015, 836.070, 319.020
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