732-035-0080 Project Administration (1) The Department will track expenditures, performance and compliance for all Projects. (2) The Department and an Applicant for an Approved Project will execute a Grant Agreement prior to the disbursal of Program Funds for an Approved Project. The Grant Agreement is effective on the date all required signatures are obtained or at such later date as specified in the Grant Agreement. (3) The Grant Agreement will contain provisions and requirements, including without limitation: (a) Documentation of the projected costs for an Approved Project; (b) Certification by Recipient to terms and conditions of grant award for ongoing responsibility to manage the Streetcar assets to required federal safety oversight standards and maintain Streetcars and related equipment to manufacturer’s requirements; (c) Description of how Program Funds for grants will be paid, either on a reimbursement basis or as negotiated with the recipient;. (d) Requirement that Recipients provide the Department upon request with a copy of any 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; (e) Requirement that Recipients separately account for all moneys received from the Oregon Streetcar Project Fund in Project accounts in accordance with Generally Accepted Accounting Principles. (f) Requirement that Program Funds disbursed but not used for an Approved Project must be returned to the Department; (g) Provision that written amendments to Grant Agreements are required to change an Approved Project's cost, scope, objectives or timeframe. (h) Covenant of Recipient to use Project funds in a manner that will not adversely affect the tax-exempt status of any bonds issued pursuant to the authority of Chapter 816, Oregon Laws 2005. (4) The Department may invoke sanctions against a Recipient that fails to comply with the requirements governing the Program. The Department will not impose sanctions until the Recipient has been notified in writing of such failure to comply with the Program requirements as specified in this chapter and has been given a reasonable time to respond and correct the deficiencies noted. The following circumstances may warrant sanctions: (a) State statutory and/or administrative rule requirements have not been met; (b) There is a default in the Grant Agreement; or (c) The Department finds that significant corrective actions are necessary to protect the integrity of the Program Funds for the Project and those corrective actions are not, or will not be, made within a reasonable time. (5) The Department may impose one or more of the following sanctions: (a) Terminate an existing Grant Agreement. (b) Withhold unexpended Program Funds. (c) Require return of unexpended Program Funds or repayment of expended Program Funds. (d) Refuse to accept applications from the Applicant for future grants. (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 Grant Agreement. (7) The Director shall consider protests of the funding and Project administration decisions for the Program. Only the Applicant or Recipient may protest. Protests must be submitted in writing to the Director within 30 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. (9) The Department shall compile information on projects funded through the Oregon Streetcar Fund Program as described in OAR 732-035-0040 and report the resulting effect on creation and maintenance of Oregon jobs in a periodic report to the Commission for the duration of the Program. Statutory/Other Authority: ORS 184.616, 184.619, Sec. 24(2), Ch. 746 & OL 2007 Statutes/Other Implemented: ORS 184.670, 184.685, Ch. 746 & OL 2007 History: PTD 1-2008, f. & cert. ef. 4-24-08