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State
Oregon Regulations
CHAP 123 DIVISION 25 STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR PORT PLANNING AND MARKETING GRANTS FROM THE PORT PLANNING AND MARKETING FUND




The Oregon Administrative Rules contain OARs filed through July 14, 2006

ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT


DIVISION 25
STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR PORT PLANNING AND MARKETING GRANTS FROM THE PORT PLANNING AND MARKETING FUND





123-025-0005

Purpose

The purpose of these rules is to provide procedures, standards and criteria for operation of the Port Planning and Marketing Fund program authorized by ORS 285A.654 through 285A.660.

Stat. Auth.: ORS 285A.075(5)
Stats. Implemented: ORS 285A.654 - 285A.660
Hist.: EDD 8-1985(Temp), f. 10-22-85, ef. 11-1-85; EDD 5-1987, f. & ef. 10-9-87; EDD 6-1997, f. & cert. ef. 4-25-97; EDD 5-2001(Temp) f. & cert. ef. 7-13-01 thru 1-9-02; EDD 1-2002, f. & cert. ef. 1-30-02; EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04; Administrative correction 8-18-04

123-025-0010

Definitions

For the purposes of these rules, the following terms will have the following definitions, unless the context clearly indicates otherwise:

(1) "Department" means the State of Oregon Economic and Community Development Department.

(2) "Director" means the Director of the Department.

(3) "Port" means a municipal corporation organized under ORS chapter 777 or 778, which may be known as a "port authority" or "port district."

(4) "Fund" means Port Planning and Marketing Fund.

(5) "Project" means any activity that is eligible for assistance from the Port Planning and Marketing Fund.

(6) "Peer Review Committee" means a committee of representatives from Oregon Ports that sets standards for typical Port Planning and Marketing Fund projects and reviews products of funded projects prior to disbursal of final payment.

Stat. Auth.: ORS 285A.075(5)
Stats. Implemented: ORS 285A.654 - 285A.660
Hist.: EDD 8-1985(Temp), f. 10-22-85, ef. 11-1-85; EDD 5-1987, f. & ef. 10-9-87; EDD 6-1997, f. & cert. ef. 4-25-97; EDD 5-2001(Temp) f. & cert. ef. 7-13-01 thru 1-9-02; EDD 1-2002, f. & cert. ef. 1-30-02; EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04; EDD 15-2004, f. & cert. ef. 8-2-04

123-025-0012

Annual Funding of Program

The Department will transfer 2.25% of the assets of the Port Revolving Fund, not to exceed the annual accrued net income from the Port Revolving Fund into the Port Planning and Marketing Fund annually as calculated on receipt of the Fund Audit each year.

Stat. Auth.: ORS 285A.075(5)
Stats. Implemented: ORS 285A.654 - 285A.660
Hist.: EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04; EDD 15-2004, f. & cert. ef. 8-2-04

123-025-0015

Application Requirements

(1) An eligible port district may submit an application after consulting with Department staff on a preliminary determination of eligibility and otherwise following the Department's procedures for submitting applications.

(2) The application must be in the form provided by the Department and must contain or be accompanied by such information as the Department may require. The Department will process only completed applications.

Stat. Auth.: ORS 285A.075(5)
Stats. Implemented: ORS 285A.654 - 285A.660
Hist.: EDD 8-1985(Temp), f. 10-22-85, ef. 11-1-85; EDD 5-1987, f. & ef. 10-9-87; EDD 6-1997, f. & cert. ef. 4-25-97; EDD 5-2001(Temp) f. & cert. ef. 7-13-01 thru 1-9-02; EDD 1-2002, f. & cert. ef. 1-30-02; EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04; EDD 15-2004, f. & cert. ef. 8-2-04

123-025-0017

Application Review and Approval

(1) Upon receipt of a completed application the Department will determine whether the Project is eligible for funding. Projects that meet the following criteria are eligible:

(a) The Project will enhance the Port's ability to conduct trade and commerce;

(b) The Project is not an unnecessary duplication of marketing efforts among Ports. However it is recognized that regional or cooperative projects may require Ports to simultaneously perform similar tasks;

(c) The Project does not subsidize regular Port operating expenses; and

(d) The Project will not require or rely upon continuing subsidies from the Department.

(2) If the Project is not eligible, the Department will, within 60 days:

(a) Reject the application; or

(b) Require the applicant to submit additional information as may be necessary.

Stat. Auth.: ORS 285A.075(5)
Stats. Implemented: ORS 285A.654 - 285A.660
Hist.: EDD 1-2002, f. & cert. ef. 1-30-02; EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04; EDD 15-2004, f. & cert. ef. 8-2-04

123-025-0021

Project Funding Priorities

At the beginning of each state fiscal year the Department and the Ports will make reasonable efforts to identify and initiate high priority projects. Funding of up to 50% of the that year's transfer of funds will be reserved exclusively for high priority projects for the first four months of the state fiscal year, after which it will become available for any eligible project. High priority projects are:

(1) Regional or cooperative projects that benefit more than one Port.

(2) Projects that leverage other marketing and development efforts by the state or other government units.

(3) Projects to develop strategic business, marketing or financial plans for Ports or updates to such plans that are required to keep the plans current for a period of five years.

(4) Projects must meet the standards set by the Peer Review Committee.

Stat. Auth.: ORS 285A.075(5)
Stats. Implemented: ORS 285A.654 - 285A.660
Hist.: EDD 1-2002, f. & cert. ef. 1-30-02; EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04; EDD 15-2004, f. & cert. ef. 8-2-04

123-025-0023

Grant Awards and Match

(1) Grant awards must be the lesser of $25,000 or 75% of the total Project cost.

(2) The required local share of the Project cost can be cash or a combination of cash and in-kind services. If both cash and in-kind services are used for the required 25% match, cash must be 75% or more of the total and in-kind services must be 25% or less of the total match.

(3) Grants will be awarded only when there are sufficient funds available in the Fund.

Stat. Auth.: ORS 285A.075(5)
Stats. Implemented: ORS 285A.654 - 285A.660
Hist.: EDD 1-2002, f. & cert. ef. 1-30-02; EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04; EDD 15-2004, f. & cert. ef. 8-2-04

123-025-0025

Project Administration

(1) Grant awards must be the lesser of $25,000 or 75% of the total Project cost.

(2) The required local share of the Project cost can be cash or a combination of cash and in-kind services. If both cash and in-kind services are used for the required 25% match, cash must be 75% or more of the total and in-kind services must be 25% or less of the total match.

(3) Grants will be awarded only when there are sufficient funds available in the Fund.

Stat. Auth.: ORS 285A
Stats. Implemented: ORS 285A.654 - 285A.660
Hist.: EDD 8-1985(Temp), f. 10-22-85, ef. 11-1-85; EDD 5-1987, f. & ef. 10-9-87; EDD 5-2001(Temp) f. & cert. ef. 7-13-01 thru 1-9-02; EDD 1-2002, f. & cert. ef. 1-30-02; EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04; EDD 15-2004, f. & cert. ef. 8-2-04

123-025-0030

Sanctions, Exceptions and Appeals

(1) The Department and the Port must execute a grant contract prior to disbursal of grant funds.

(2) Documentation of Project costs incurred by a Port must be submitted to the Department prior to disbursal of funds.

(3) Disbursal of grant funds to a Port will not exceed one disbursal per month. Ten percent of the grant funds will be withheld until the Peer Review Committee approves the appropriate deliverables of the project.

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

(5) Prior to final disbursement, the Peer Review Committee will review all documents produced as a result of the project. The Committee will evaluate and make recommendations to the Department on value of resulting document(s) and how closely the project delivered the outcome anticipated in the application.

(6) Any monies disbursed but not used for an approved project, must be returned to the Department.

Stat. Auth.: ORS 285A.075(5)
Stats. Implemented: ORS 285A.654 - 285A.660
Hist.: EDD 1-2002, f. & cert. ef. 1-30-02; EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04; EDD 15-2004, f. & cert. ef. 8-2-04


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