Or. Admin. Code § 731-036-0120

Current through Register Vol. 63, No. 12, December 1, 2024

Section 731-036-0120 - Project Administration

(1) The Department will administer all grants.

(2) The Department and an Applicant of an Approved Project will execute an Agreement prior to the disbursal of Program Funds for an Approved Project. The Agreement is effective on the date all required signatures are obtained or at such later date as specified in the Agreement.

(3) The Agreement will contain terms including but not limited to:

(a) A requirement that a written estimate of project costs for an Approved Project be submitted to the Department prior to the disbursal of any Program Funds.

(b) Only Project costs incurred on or after the effective date of the Agreement are eligible for reimbursement.

(c) Disbursal of Program Funds for grants will be paid on a reimbursement basis and will not exceed one disbursal per month.

(d) Five percent (5%) of reimbursed expenditures will be withheld and shall be released to grant Recipient upon final project acceptance by the Department.

(e) Upon request, a Recipient must provide the Department with a copy of documents, studies, reports and materials developed during the Project, including a written report on the activities or results of the Project and any other information that may be reasonably requested by the Department.

(f) Recipients must separately account for all moneys received from the Multimodal Active Transportation Fund in Project accounts in accordance with Generally Accepted Accounting Principles.

(g) Program Funds disbursed but not used for an Approved Project must be returned to the Department.

(h) A change to the cost, scope, objectives or timeframe will require an amendment to the Agreement.

(i) Department and Recipient will meet to discuss changes to scope due to reasonable unforeseen circumstances.

(j) Recipients are responsible for any cost overages that occur during project delivery.

(k) Recipients must covenant, represent and agree to use Project funds in a manner that will not adversely affect the tax-exempt status of any bonds issued under the Program.

(l) Recipients, if applicable, must covenant, represent and agree to remain current on all state and local taxes, fees and assessments for the useful life of the Project as prescribed in the Agreement.

(4) The Department may invoke sanctions against a Recipient that fails to comply with the requirements governing the Program as specified in this rule, statute or program guidelines. The Department will not impose sanctions until the Recipient has been notified in writing of such failure to comply and has been given a reasonable time to respond and correct the deficiencies noted. The following circumstances may warrant sanctions:

(a) Work on the Approved Project has not been substantially initiated within 180 days of the effective date of the Agreement;

(b) State statutory requirements have not been met;

(c) The Department finds that Recipient is significantly deviating from the terms and conditions of the Agreement;

(d) The Department finds that significant corrective actions are necessary to protect the integrity of the Program Funds for the Approved Project and those corrective actions are not, or will not be, made within a reasonable time; or

(e) The Department finds that a Recipient is not current on all applicable state and local taxes, fees and assessments during the term of the Agreement.

(5) The Department may impose one or more of the following sanctions if items in OAR 731-036-0110 and 731-036-0120 are not met:

(a) Revoke the Grant Award and terminate the Agreement.

(b) Withhold unexpended Program Funds.

(c) Require return or repayment of expended Program Funds

(d) Bar the Applicant from applying for future Multimodal Active Transportation funds.

(e) Other remedies that may be incorporated into grant Agreements.

(6) The remedies set forth in this rule are cumulative, are not exclusive, and are in addition to any other rights and remedies provided by law or under the agreement.

(7) The Director will consider protests of the funding and Project administration decisions for the Program. Only the Recipient may protest. Protests must be submitted in writing to the Director within 15 days of the event or action that is being protested. The Director's decision is final. Jurisdiction for review of the Director's decision is in the circuit court for Marion County pursuant to ORS 183.484.

(8) The Director may waive non-statutory requirements of this Program if it is demonstrated such a waiver would serve to further the goals and objectives of the Program.

Or. Admin. Code § 731-036-0120

DOT 2-2020, adopt filed 01/24/2020, effective 1/24/2020

Statutory/Other Authority: ORS 184.619

Statutes/Other Implemented: ORS 367.081