732-044-0035 Agreements (1) The Agency and a Recipient shall enter into a written agreement after approval of the Recipient’s application for STIF moneys and prior to the disbursement of the approved funds. At a minimum, the agreement must include: (a) A statement of work, describing the use of the STIF moneys; (b) A beginning and termination date; (c) Provisions which allow termination of the agreement, suspension of disbursement of funds, and which obligate the Recipient to repayment of funds, in accordance with these rules; (d) Provisions to accomplish other applicable requirements of these rules, including but not limited to audit and compliance requirements, accounting requirements, capital asset requirements and reporting requirements; (e) Provisions which permit withholding or require repayment of funds if the Recipient fails to comply with the requirements of the agreement or these Rules; and (f) Provisions which recognize that the Recipient is responsible for the performance, oversight, and legal or regulatory requirements described in the agreement, and for management and repayment of STIF funds, regardless of any agreement which contains an assignment or delegation to a Sub-Recipient or any other party, and that any such agreement must be in writing. (2) Project activities described on the grant application must be reflected in the Project descriptions as set forth in the grant agreement. (3) The Recipient shall enter into written agreements with Sub-Recipients for projects funded with discretionary STIF moneys within 90 days of the Commission’s decision to award funding. Such agreements must include provisions obligating Sub-Recipients to carry out or assist Recipients to carry out, the obligations imposed by these rules, including but not limited to audit and compliance requirements, accounting requirements, reporting requirements, repayment of funds, and capital asset requirements. (4) The Recipient shall submit copies of its agreements with Sub-Recipients to the Agency within 30 days of execution. (5) The Recipient shall be responsible for performance, oversight, and legal or regulatory requirements described in its agreement with the Agency, and for management and repayment of STIF moneys, regardless of any agreement which contains an assignment or delegation to a Sub-Recipient or any other party. If a Recipient determines that a Sub-Recipient has failed to meet a term or condition of the agreement, the Recipient shall promptly notify the Agency in writing, identifying the Sub-Recipient and describing the nature of its failure. (6) The Agency may terminate or suspend an agreement between itself and a Recipient, and may require repayment of funds by the Recipient to the Agency, if the Recipient fails to take appropriate action against a Sub-Recipient failing to comply with the written agreement between the Recipient and Sub-Recipient. (7) Any unused discretionary STIF moneys will be de-obligated at the end of the agreement period and redistributed as part of the next Discretionary Fund or Intercommunity Discretionary Fund solicitation cycle, as applicable. Statutory/Other Authority: ORS 184.619, ORS 184.658 & ORS 184.761 Statutes/Other Implemented: ORS 184.751-184.766 History: PTD 1-2018, adopt filed 06/26/2018, effective 07/01/2018