OAR 330-290-0070: Performance agreements

(1) The Department will offer a performance agreement to each grant awardee under the program outlining the terms under which the Department will award funds. (2) Eligible entities selected to be awarded a grant shall have 30 calendar days from the date on which the performance agreement is provided to the applicant to accept the performance agreement. An applicant’s failure to accept the performance agreement by the deadline may cause the rejection of the grant application; (3) If an eligible entity fails to enter into a performance agreement within 30 calendar days of the date on which the department provided the performance agreement to the entity, the department may select an alternative applicant. (4) The performance agreement must include the following terms and may also include additional terms: (a) Maximum amount of the grant and the entity to which funds will be disbursed. (b) Maximum duration of the performance agreement; (c) Record keeping, reporting, and compliance monitoring requirements as detailed in the performance agreement or applicable federal law; (d) A provision allowing the performance agreement to be terminated for reasons stated in the agreement and subject to terms described in the agreement; (e) The grant payment schedule; and (f) Provisions regarding repayment of unspent funds at checkpoints specified in the agreement and at the end of the of the agreement. (5) Unspent funds that are repaid may be reallocated by the Department to one or more grantees or deposited in the Energy Efficient Technologies Information and Training Fund for future distribution.