731-035-0080 Project Administration (1) The Department will administer all projects. (2) The Department and a grant recipient of an Approved Project 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. (3) The Agreement will contain provisions and requirements, including but not limited to: (a) Project costs incurred on or after the effective date of the Agreement are eligible for grant funds. Project costs incurred prior to the effective date of the Agreement are not eligible for grant funds. (b) Disbursal of Program Funds for grants will be paid on a reimbursement basis and will not exceed one disbursal per month. (c) Five percent (5%) of funds awarded from the Connect Oregon Fund will be withheld from each reimbursement request and shall be released to Recipient as the following conditions are met: (A) Eighty percent (80%) of the withheld funds shall be released to Recipient upon Final Project Acceptance by the Department. (B) Twenty percent (20%) of the withheld funds shall be released to Recipient upon Department approval of a report submitted by Recipient that, at a minimum, describes project performance measures and jobs retained or created as a result of the project within 18 months of Final Project Acceptance by the Department. (d) 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. (e) Recipients must separately account for all moneys received from the Connect Oregon Fund in project accounts in accordance with Generally Accepted Accounting Principles. (f) Any Program Funds disbursed but not used for an Approved Project, including eligible project costs, must be returned to the Department. (g) Amendments to Agreements are required to change an Approved Project's cost, scope, objectives or timeframe. (h) 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. (i) 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 as specified in this rule, statute or Program guidelines. The Department will not impose sanctions until the Recipient has been notified in writing of such failure to comply 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) Work on the Approved Project significantly deviates 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. (e) Recipient fails to submit a project report as described in OAR 731-035-0080(3)(e). (f) The Department finds that a Recipient is not current on all applicable state and local taxes, fees and assessments during the term of the Agreement. (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 or repayment of expended Program Funds. (d) Bar the Recipient from applying for future Connect Oregon Funds. (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 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. Statutory/Other Authority: ORS 184.619, 367.082 & Ch. 816 OL 2005 Statutes/Other Implemented: ORS 367.080 – 367.086, Ch. 816 OL 2005 & Ch. 750 OL 2017 History: DOT 1-2020, amend filed 01/24/2020, effective 01/24/2020 DOT 2-2018, amend filed 03/20/2018, effective 03/20/2018 DOT 2-2017, temporary amend filed 09/27/2017, effective 10/06/2017 through 04/04/2018 DOT 3-2015, f. & cert. ef. 12-17-15 DOT 6-2013, f. & cert. ef. 12-20-13 DOT 5-2011, f. & cert. ef. 12-22-11 DOT 2-2010, f. & cert. ef. 7-30-10 DOT 5-2007, f. & cert. ef. 11-15-07 DOT 3-2006, f. & cert. ef. 1-24-06 DOT 8-2005(Temp), f. 11-17-05, cert. ef. 11-21-05 thru 5-19-06