Compilation of Rules and Regulations of the State of Georgia › Department 413 - GRANTS OF THE ONEGEORGIA AUTHORITY › Chapter 413-5 › Subject 413-5-1 - STRATEGIC INDUSTRIES LOAN FUND › Rule 413-5-1-.11 - Statement of Conditions

Current through Rules and Regulations filed through June 27, 2024
In addition to the certifications made on the face of the
				 award statement, the recipient of funds must further certify that:
(1) No applicable state laws, rules,
				regulations or applicable local ordinances shall be violated in carrying out
				this project and expending One Georgia Authority Loan Fund monies.
(2) Recipient's internally adopted
				procurement procedures meet applicable state requirements and will be adhered
				to and documentation shall be maintained to document such adherence.
(3) Recipient's accounting records shall be
				maintained in a manner consistent with generally accepted government accounting
				standards and the Uniform Chart of Accounts established by the Department of
				Community Affairs (O.C.G.A.
				 36-81-3).
(4) If the Recipient is a development
				authority, then the project financed in part by Loan Fund monies shall only be
				leased or sold or administered as provided by Section
				 36-62-7 of  the Official Code of Georgia Annotated, local constitutional amendment,
				local law passed by the legislature, or other general enabling legislation, as
				applicable.
(5) The recipient (in
				accordance with state law) shall undergo an annual financial audit conducted in
				accordance with government auditing standards established by the comptroller
				general of the United States. The recipient shall submit copies of all audits
				that cover all or part of the award period to the agency.
(6) No real or apparent conflict of interest
				shall be engaged in by any person or party (or any person or party with whom
				they have family or business ties) who is involved in any aspect of the Loan
				Fund project. In general, no person who is an elected or appointed official,
				employee, agent, consultant, officer or any person serving in a similar
				capacity with any participating public agency that exercises or has exercised
				any functions or responsibilities with respect to any Loan Fund activities can
				benefit from a Loan Fund project. Those persons who are in a position to
				participate in a decision-making process or gain inside information regarding
				Loan Fund proposed or related activities, who may obtain a personal, financial
				interest, or benefit from the project, or have any interest in any contract,
				subcontract or agreement with respect to any Loan Fund project are also
				prohibited from benefiting from the project. The prohibitions against
				benefiting from a Loan Fund project would apply to the covered individuals or
				those with whom they have family or business ties, for one year following their
				tenure in the covered position.
Exceptions
-Upon written request, the agent
				 may grant an exception to the provisions of the above paragraph, on a
				 case-by-case basis, before funds are expended. Exceptions can only be granted
				 when the agent determines that the exception will serve to further the purposes
				 of the Loan Fund Program. To seek an exception, a written request for an
				 exception must be submitted by the applicant to the agent which:
1) Fully discloses the conflict or potential
				conflict of interest, prior to the applicant undertaking any action which
				results or may result in a conflict of interest, real or apparent;
				and
2) Describes how the conflict
				of interest was publicly disclosed; and
3) Includes a written opinion of the
				applicant's attorney that the interest for which the exception is sought would
				not violate state or local law.