Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-25 - THE LIFE SCIENCES FACILITIES FUND LOAN PROGRAM DESCRIPTION › Subject 110-25-1 - THE LIFE SCIENCES FACILITIES FUND LOAN PROGRAM DESCRIPTION › Rule 110-25-1-.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 the Department's Life Sciences Facilities 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 O.C.G.A. §
									36-62-7, local constitutional
				amendment, local law passed by the legislature, or other general enabling
				legislation, as applicable.
(5)
				Upon request of the Department, the Recipient shall submit copies of annual
				financial audits that cover all or part of the award period to the agency.
				These annual financial audits must be conducted in accordance with government
				auditing standards established by the comptroller general of the United
				States.
(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 Facilities 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 Facilities Fund activities can benefit from a Facilities Fund project.
				Those persons who are in a position to participate in a decision-making process
				or gain inside information regarding Facilities 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 Facilities Fund project are also prohibited from benefiting from
				the project. The prohibitions against benefiting from a Facilities 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 Facilities 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.
Should any statutory conflict-of-interest provision apply
				  (e.g., O.C.G.A. §
											36-62-5(e)), then
				  evidence must be provided that the appropriate steps were followed to disclose
				  and remedy the conflict of interest.