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.
Notes
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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