Or. Admin. R. 738-124-0080 - COAR Program Administration

(1) The Department shall administer all COAR grants.
(2) The Department and Recipient shall execute a written Agreement in a form acceptable to the Department prior to the disbursal of funds for an application approved by the Board.
(3) At a minimum, the Agreement must contain provisions as listed below.
(a) A provision which requires a Recipient to submit documentation of the projected costs for the project must be submitted to the Department prior to the disbursal of funds.
(b) A provision which requires that disbursal of funds be made on a reimbursement basis.
(c) A provision which requires a Recipient to separately account for all monies received from the ASAP Fund in project accounts in accordance with Generally Accepted Accounting Principles.
(d) A provision which authorizes the Department to withhold a percentage of funds for which reimbursement is sought by a Recipient and authorizes the Department to release the funds to Recipient when the conditions established by the Department are met or upon final project acceptance by the Department. The Department shall determine retainage limits in accordance with ORS 835.112.
(e) A provision which requires a Recipient to remain current on all applicable state and local taxes, fees and assessments for the useful life of the project as prescribed in the Agreement.
(f) A provision or provisions which protect public funds by identifying circumstances under which the Department may require repayment of disbursed funds or terminate the Agreement and which identify the rights and remedies of the Department upon termination.
(g) A provision which requires changes to the project's cost, scope, objectives or timeframe be effective only upon written amendment to the Agreement.
(h) Provisions which require the Recipient to provide the Department with information, records, materials, progress reports or other information that may be requested by the Department.
(i) A provision which authorizes the Department to conduct reasonable inspections of projects funded under the Agreement.
(4) The Department shall comply with applicable review requirements set out in statute, rule or Department policy prior to executing Agreements.


Or. Admin. R. 738-124-0080
AVIA 1-2020, adopt filed 02/13/2020, effective 2/13/2020; AVIA 4-2022, amend filed 08/29/2022, effective 8/29/2022

Statutory/Other Authority: ORS 835.035, 835.040, 835.112 & OL 2019 c.485 Section 1(2)(b)

Statutes/Other Implemented: ORS 835.040, ORS 835.025, OL 2019 c.485 Section 1 & OL 2021 c.526 Section 4(5)(a)(D) and (b)

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