Or. Admin. Code § 123-700-0100

Current through Register Vol. 63, No. 10, October 1, 2024

Section 123-700-0100 - Conditions Precedent to Disbursement of Funds

Notwithstanding the issuance of a notice of intent to award, the Department will not disburse grant or loan funds until each of the conditions set forth below are satisfied:

(1) The Department and the recipient have executed a binding contract and the contract shall be in a form provided by the Department, and must include:

(a) A provision that disbursements from the Fund will be according to the terms of the contract;

(b) A provision that the Department's obligations under the contract are contingent upon the availability of moneys in the Fund for use in the project;

(c) If any portion of the assistance is in the form of a loan, the contract must contain a provision granting the Department a lien on or a security interest in collateral, as determined by the Department in its sole discretion, to sufficiently secure repayment of the loan or bond;

(d) A provision that the recipient shall comply with a Continued Use Period requirement as determined by the Department;

(e) A provision that for a period of up to three (3) years after project completion, the Department may request that the Recipient, at its own expense, submit data on the benefits of the project, including but not limited to, information on number of children served resulting from the project, and other information necessary to evaluate the success and economic impact of the project;

(f) If the contract is between the Department and any other entity than an individual, the contract must be authorized by an ordinance, order or resolution adopted by the governing body or partners of the entity, and in accordance with any applicable requirements for notice and authorizing debt;

(g) A provision that the recipient will comply with all applicable state and federal laws, regulations and orders of any court or governmental authority that relate to the contract, the project and the operation of the facilities or infrastructure of which the project is a component. In particular, but without limitation, the recipient shall comply with the following, as applicable:

(A) All federal or state tax laws applicable to Recipient's implementation of the project and its use of the Program funds.

(B) State procurement regulations found in the ORS Chapters 279A, 279B and 279C;

(C) State labor standards and wage rates found in ORS Chapter 279C;

(D) Oregon prevailing wage rates, municipal audit law, and procurement regulations; and

(E) Public display of information on Lottery funding of a project found in ORS 280.518. Recipient shall include the following statement, prominently placed on all plans, reports, bid documents and advertisements relating to the Project: "This Project was funded in part by the Oregon State Lottery and administered by the Oregon Business Development Department."; and

(2) The Department may request the recipient comply with any other provisions the Department considers necessary or appropriate to implement the Program.

Or. Admin. Code § 123-700-0100

OBDD 18-2024, adopt filed 07/17/2024, effective 7/17/2024

Statutory/Other Authority: ORS 285A.075

Statutes/Other Implemented: OR Laws 2023 ch 523