411-310-0030 Development Projects (1) Eligible Projects. Eligible development projects will be approved by the Department and must meet one or more of the following criteria: (a) Be initiated by the Department to fulfill an identified housing need for individuals whose services are licensed and funded by the Department; (b) Be required by implementation of new services for individuals eligible for funding by the Department; (c) Be identified by the Department as necessary for the health and safety of a child or an adult with developmental disabilities whose services are funded by the Department; (d) To provide housing adaptations as part of a plan to develop or change services for an individual(s) requiring an immediate change in living circumstances due to a change in Care Providers or service needs; or (e) Be requested by an individual, family member, Care Provider, or Housing Provider to fulfill identified housing needs that are necessary for the health, welfare, and safety of an individual, or to enable an individual to function with greater independence in the home. (2) Ownership of properties. Individuals, families, service providers, not-for-profit Housing Providers, for-profit corporations or partnerships, or government entities, including the Department may own properties. (3) Types of Development. Development projects will be developed in one of the following ways: (a) The Department may procure services from qualified not-for-profit Housing Providers or Housing Authorities that have successfully responded to a Request for Proposals. These Housing Providers will manage Development Projects as described in contracts with the Department; or (b) The Department may procure services from pre-qualified building or specialty Contractors licensed by the Construction Contractors Board or the Landscape Contractors Board (pursuant to ORS 279.039 through 279.045) for work under $75,000. As outlined in (3)(b)(A) through (E) of this rule, the Department will establish a list of eligible Contractors every two years who desire to provide cost estimates for work. The procedures for establishing a list of eligible contractors will: (A) Identify the means by which advertisement will be made; (B) Identify qualifications and other data requested from interested Contractors on a form provided by the Department; (C) Describe the criteria for qualifying Contractors; (D) Describe the process for Contractor selection for designated work; and (E) Identify contract terms including payment procedures; or (c) The Department may procure services through the formal bidding process (pursuant to ORS Chapter 279) for work over $75,000. (4) Requirements for Development Projects. Development projects will meet the following requirements: (a) Work will be authorized by approval of a Facility Plan that is submitted on a form approved by the Department. The Facility Plan will include: legal description and address of the project; Specifications; an itemized project budget; start, finish and occupancy dates; and evidence that the project is insured as required by the Department; (b) Projects will comply with the provisions of ORS 279.348 through 279.365 when applicable; (c) When property is owned by entities other than the Department, a Mortgage or Trust Deed granted by the owner in favor of the Department for the amount of the estimated cost of the completed project will be required to protect the financial interest of the State of Oregon. If property acquisition is part of the project, the purchase price of the property will be included in the encumbrance. Required documents will be recorded prior to beginning construction. Upon project completion, the amount of the encumbrance will be adjusted to reflect actual cost; (d) The Department may also require that the owner of a residence which has been constructed or remodeled for individuals with developmental disabilities enter into a Regulatory Agreement recorded with the property specifying a period of time during which the property must be used as housing for individuals with developmental disabilities; (e) Work will be completed according to the Facility Plan, including any change orders, approved by the Department on or before the completion date identified on the Facility Plan, unless changed by mutual agreement; and (f) Final payment will be made when all final inspections have been successfully completed, an occupancy permit issued according to local regulations and ordinances (if applicable), and the project accepted as complete following a walk through by the Department. Statutory/Other Authority: ORS 409.050 & 410.070 Statutes/Other Implemented: ORS 427.330 - 427.345 History: SPD 13-2006, f. 4-4-06, cert. ef. 4-5-06 SPD 7-2003, f. & cert. ef. 4-1-03