Iowa Administrative Code › Agency 261 - Economic Development Authority › Part VIII - Legal and Compliance › Chapter 187 - Contracting › Rule 261-187.4 - Contract and Award Amendment Approval Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General rule.
Generally,
				the final decision maker that approved the initial award shall approve any
				amendments or changes to that award.
(2)
Contract amendments.
a.
General.
In general, the
				amendment process for both awards and contracts mirrors the application
				process. That is, the same entity that recommended the initial application will
				also recommend the amendment, and the same entity that had final approval of
				the initial application will have final approval of the amendment. As with
				awards, contract amendments must comply with the statutory requirements for
				each individual program or funding source and the applicable administrative
				rules. In general, the amendment process begins with review of an amendment
				request by authority staff. After review by staff, the amendment may be sent to
				a committee for further recommendation followed by final action on the
				amendment by the board or by the director, as the case may be. The director may
				take action on any amendment that is not specifically identified as requiring
				board action. The authority's various programs and the amendment procedures are
				described in paragraph 187.4(2)
"c,"
which contains the
				applicable recommending and approving entities by funding source and
				program.
b.
Key to
				table.
ACE " The accelerated career education program job credits
				authorized under Iowa Code chapter 260G.
ASSISTIVE " The assistive device tax credits authorized in
				  Iowa Code section
				  422.33.
BRN " The brownfield redevelopment advisory council
				  established in Iowa Code section
				  15.294.
BROWN " Redevelopment tax credits for brownfield and
				  grayfield sites and the brownfield redevelopment fund as established in Iowa
				  Code chapter 15.
CDBG " Federal community development block grant funded
				  programs.
DDC " Due diligence committee organized by the board pursuant
				  to 261-Chapter 1.
EDSA " The economic development set aside component of the
				  CDBG program established in 261-Chapter 23.
ETAP " The export trade assistance program established in
				  261-Chapter 72.
EZ " Enterprise zone program as established in Iowa Code
				  chapter 15E, including both the business and housing development tax
				  credits.
FILM " The film and video project promotion program tax
				  credits available under the now repealed Iowa Code section
				  15.393.
GIVF " The grow Iowa values fund and financial assistance
				  program established pursuant to the now repealed Iowa Code chapter 15G,
				  including all prior versions and funding sources of the program.
HQJP " High quality jobs program, as established in Iowa Code
				  chapter 15, including both tax incentives and project completion
				  assistance.
INNOVATION " Programs related to innovation,
				  commercialization, and targeted industries development, including the programs
				  described in Iowa Code section
				  15.411
				  and the program rules in 261-Part V.
LCG " Loan and credit guarantee program as established in the
				  now repealed Iowa Code chapter 15E, division XX.
NSP " Neighborhood stabilization program as established in
				  261-Chapter 27.
TCC " Technology commercialization committee organized by the
				  board pursuant to 261-Chapter 1.
TJWTC " Targeted jobs withholding tax credit program for
				  pilot project cities established in Iowa Code section
				  403.19A.
TSB " Targeted small business advisory council established in
				  Iowa Code section
				  15.247(8).
TSB LOAN " The targeted small business financial assistance
				  program established in Iowa Code section
				  15.247.
c.
Recommendation and
				approval entities for state and federal programs.
The contract
				amendment process for tax incentives, project completion assistance, other
				financial assistance, or other benefits under the authority's various programs
				is as follows:
PROGRAM
STATE/FEDERAL
RECOMMENDATION BY
FINAL DECISION BY
HQJP
State
DDC
Board
GIVF
State
DDC
Board
EZ (Business)
State
DDC
Board
EZ (Housing)
State
Director
INNOVATION
State
TCC
Board
LCG
State
DDC
Board
FILM
State
Director
ASSISTIVE
State
Director
EDSA
Federal
DDC
Board
CDBG
Federal
Director
NSP
Federal
Director
HOME
Federal
Director
BROWN
State
BRN
Director
TSB LOAN
State
TSB
Director
ETAP
State
Director
ACE
State
Director
TJWTC
State
Director
d.
Exceptions.
Notwithstanding paragraph
				187.4(2)
"c,"
the director may approve contract amendments for
				the targeted industries internship program consistent with Iowa Code section
				15.106C, or a change to the maintenance period completion date for a business
				impacted by the COVID-19 pandemic as described in subrule 187.3(1), without
				board approval.