New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 70 - Public Accountancy › Section 70.14 - General conditions of program assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Use of proceeds. The program recipient
				must use the program assistance, to finance the implementation of the project
				or the feasibility study approved by the department.
(b) Completion of work. A feasibility study
				or project which receives program assistance must be completed within one year
				after the funding award date or loan closing. The department may extend this
				period on a case-by-case basis where the program recipient has demonstrated
				reasonable cause for the delay.
(c)
				Certificate of completion. Within 45 days of completion of the project, the
				program recipient must provide the department with a certificate of completion,
				signed by the program recipient and the contractor, certifying that the project
				was completed in accordance with the descriptions and cost estimates provided
				to the department.
(d) Changes in
				scope of work. The program recipient shall promptly provide written notice to
				the department of any necessary changes in a project which differ from the
				program application submitted to the department, and no such changes in the
				scope of work shall occur unless approved in writing by the
				department.
(e) Change in project
				cost. The program recipient shall promptly provide written notice to the
				department of any change in the cost of a project which differs by either more
				than 10 percent or $20,000 from the selected contractor's cost estimate, or the
				program recipient schedules and selected estimate in the case of an in-house
				project, submitted to the department, and a justification therefor. No such
				change in project costs shall occur unless approved in writing by the
				department; provided, however, that under no circumstances will program
				assistance be available for an amount exceeding the cost of the
				project.
(f) Site inspection. The
				program recipient must provide the department, or its designated agents, with
				reasonable access to the project site before, during, and after the
				construction phase of the project in order to monitor and inspect the work
				being undertaken with program assistance.
(g) Applicable laws and permits. The program
				recipient performs all work in compliance with all applicable Federal, State,
				and local laws, rules and regulations. Prior to the commencement of work, the
				program recipient must obtain all permits, certificates and approvals which may
				be required in connection with the performance and completion of the
				work.
(h) Documentation of work.
				The program recipient must retain for a period of six years after the date of
				closing on the loan all cancelled checks, receipts and contracts used in
				connection with the work on the project, and must produce them at the request
				of the department for the purpose of verifying the cost of the
				project.
(i) Reimbursement for
				failure to comply. If the program recipient fails to comply with the
				requirements of this Part, the program recipient may be disqualified from
				participating in the program, program assistance may be rescinded, and the
				applicant may be required to reimburse the department for all or a portion of
				the program assistance which the department has advanced.
(j) Removal of project from New York State.
				Immediate repayment of all program assistance, plus interest and a penalty
				equal to 50 percent of the principal amount of the program assistance, will be
				required if all or any portion of a building, fixtures, machinery or equipment
				funded through a project is transferred out of New York State, prior to the
				expiration of the useful life of the building, fixtures, machinery or
				equipment. The useful life shall be negotiated between the applicant and the
				department prior to execution of the program assistance agreement.