Attachment A - Sample Agreement.docx

Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification

ATTACHMENT A – SAMPLE AGREEMENT

Oregon Department of Justice Access & Visitation Grant Agreement October 1, 2025 – September 30, 2026

This Grant Agreement is entered into between the State of Oregon acting by and through the Department of Justice on behalf of the Child Support Program (“Agency or “DOJ”), and ________________________ (“Subgrantee”).

RECITALS

WHEREAS, DOJ is the recipient of federal Access and Visitation (“AV”) grant funds from the United States Department of Health and Human Services (“DHHS”) (“Federal AV Grant Funds”);

WHEREAS, the Federal AV Grant Funds may be used for mediation services (both voluntary and mandatory), counseling, education, development of parenting plans, visitation enforcement (including monitoring, supervised visitation, and neutral drop-off sites), and development of guidelines for visitation and alternative custody arrangements, for non-custodial parents, custodial parents and their children;

WHEREAS, Subgrantee was awarded a subgrant of Federal AV Grant Funds through the competitive grant application process;

WHEREAS, a condition to Subgrantee’s receipt of the subgrant moneys is Subgrantee’s execution and delivery to DOJ of this Agreement setting forth the terms and conditions of the subgrant; and

WHEREAS, Subgrantee desires to receive a subgrant of Federal AV Grant Funds on the terms and conditions of this Agreement;

NOW, THEREFORE, in consideration of the foregoing premises, the covenants set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

AGREEMENT

1. Effective Date and Term. This Grant Agreement (“Agreement”) shall become effective on the date this Agreement is fully executed and approved as required by applicable law and shall continue in full force and effect through September 30, 2026, unless terminated earlier in accordance with section 10. This Agreement may be renewed annually through a written amendment duly executed by both parties. The amendment would require a new application packet from the Subgrantee including an updated Exhibit A and Exhibit B. This Agreement includes Exhibit A through I, which are attached hereto and incorporated herein by this reference, including the Subgrantee certifications required by Section 4.e. In the event of a conflict or inconsistency between two or more of the documents comprising this Agreement, the language in the document with the highest precedence shall control. The precedence of each of the documents comprising this Agreement is as follows, listed from the highest precedence to the lowest precedence: this Agreement without Exhibits, Exhibit G, Exhibit A, Exhibit B, Exhibit E, Exhibit F, Exhibit C, Exhibit D, Exhibit H, and Exhibit I.

2. Grant. In accordance with the terms and conditions of this Agreement, DOJ shall subgrant to Subgrantee, from the Federal AV Grant Funds that DOJ receives from DHHS, a maximum amount of $XXXXX, (the Grant Award that equals 90% of the $XXXXX total project amount), to financially support and assist the project described in Exhibit A attached hereto and incorporated herein by this reference (the “Project”).

3. Disbursement and Recovery of Grant Award Moneys.

a. Disbursement Generally. Subject to sections 2 and 3(b), DOJ shall disburse the Grant Award moneys to Subgrantee monthly, within 30 days after the end of each month during the term of this Agreement. Final payment must be disbursed by January 27, 2027. Each disbursement shall be in an amount equal to 90 percent of Allowable Costs (as defined in Section 6) necessarily incurred and paid by Subgrantee, from non-Federal sources, during the month in implementing the Project, and satisfactorily documented by Subgrantee. The 90 percent disbursement rate reflects and implements the federal requirement that Subgrantee cover 10 percent of the cost of the Project from Subgrantee’s non-Federal resources.

b. Conditions Precedent to Disbursement. DOJ’s obligation to disburse Grant Award moneys to Subgrantee under this Agreement is subject to satisfaction, with respect to each disbursement, of each of the following conditions precedent:

i. DOJ has received sufficient funding, appropriations and other expenditure authorizations to allow DOJ, in the exercise of its reasonable administrative discretion, to make the disbursement.

ii. DOJ has received sufficient Federal AV Grant Funds to allow DOJ, in the exercise of its reasonable administrative discretion, to make the disbursement.

iii. No Subgrantee default as described in section 9 has occurred.

iv. Subgrantee’s representations and warranties set forth in section 4 are true and correct on the date of disbursement with the same effect as though made on the date of disbursement.

v. DOJ has received an invoice for the disbursement that contains Subgrantee’s name, the month covered by the invoice, the total Allowable Costs necessarily incurred and paid for the Project for that month, cost details (e.g., personnel, supplies), the 90% disbursement requested for that month, the name, phone number and signature of the authorized individual submitting the invoice on behalf of Subgrantee, and the date of the signature. Invoice shall detail Project costs with satisfactory expense documentation for which Subgrantee is seeking reimbursement. Reimbursement rates for travel expenses, if reimbursement of travel expenses is allowed in accordance with the Budget in Exhibit B, shall not exceed those allowed by the Oregon travel policy, available at http://www.oregon.gov/das/Financial/Acctng/Pages/OAM.aspx#chapter40 Requests for reimbursement for travel must be supported with a detailed statement identifying the person who traveled, the purpose of the travel, the times, dates, and places of travel, and the actual expenses or authorized rates incurred.” Except for the final invoice, invoices must be submitted monthly. The final invoice must be submitted no later than 20 business days after the end of the Grant Agreement.

vi. The Allowable Costs to be covered by the requested disbursement, when considered in the context of the Allowable Costs covered by all prior disbursements of Grant Award moneys, are substantially in accordance with the Budget set forth in Exhibit B attached hereto and incorporated herein by this reference.

c. Recovery of Grant Award Moneys. In the event of Subgrantee’s default hereunder and in addition to any other remedies that may be available to DOJ, DOJ may demand repayment of any or all of the Grant Award moneys previously disbursed to Subgrantee hereunder and Subgrantee shall repay such sums to DOJ upon DOJ’s demand.

4. Representations and Warranties. Subgrantee represents and warrants to DOJ as follows:

a. Organization and Authority. Subgrantee is a political subdivision of the State of Oregon duly organized and validly existing under the laws of the State of Oregon. Subgrantee has full power, authority and legal right to make this Agreement and to incur and perform its obligations hereunder.

b. Due Authorization. The making and performance by Subgrantee of this Agreement (1) have been duly authorized by all necessary action of Subgrantee and (2) do not and will not violate any provision of any applicable law, rule, regulation, or order of any court, regulatory commission, board, or other administrative agency or any provision of Subgrantee’s charter or other organizational document (3) do not and will not result in the breach of, or constitute a default or require any consent under any other agreement or instrument to which Subgrantee is a party or by which Subgrantee or any of its properties may be bound or affected. No authorization, consent, license, approval of, filing or registration with or notification to any governmental body or regulatory or supervisory authority is required for the execution, delivery or performance by Subgrantee of this Agreement.

c. Binding Obligation. This Agreement has been duly executed and delivered by Subgrantee and constitutes a legal, valid and binding obligation of Subgrantee, enforceable in accordance with its terms subject to the laws of bankruptcy, insolvency, or other similar laws affecting the enforcement of creditors’ rights generally.

d. Conflict of Interest. If Subgrantee is currently performing work for the State of Oregon or the federal government, Subgrantee represents and warrants that Subgrantee’s implementation of the Project creates no potential or actual conflict of interest as described below or defined in ORS 244 and no statutes, rules or regulations of the state or federal agency for which Subgrantee currently performs work would prohibit Subgrantee’s implementation of the Project. A conflict of interest may exist if an employee of the Subgrantee is a party or is acquainted with or related to a party in a child support case or an individual seeking services as part of the Project. Subgrantee agrees to identify for DOJ any agent or employee of Subgrantee who has a conflict of interest. Subgrantee shall work with DOJ to develop safeguards to prohibit a conflict of interest from occurring.

e. Compliance with Federal Terms and Conditions. Subgrantee acknowledges and agrees that it will comply with the Federal Terms and Conditions set forth in Exhibit F hereto, or take such actions as necessary to enable the DOJ, as the DHHS grantee, to comply with those terms and conditions.

5. Certain Covenants.

a. Project Completion. Subgrantee shall complete the Project no later than September 30, 2026.

b. Criminal History Verification. Subgrantee shall verify whether any of its employees providing services as part of the Project have been convicted of child abuse, offenses against persons, sexual offenses, child neglect, or any other offense that reasonably suggests that the employee may pose a risk to children. Subgrantee shall conduct the verification by:

i.. Having the applicant as a condition of employment, apply for and receive a criminal history check from a local Oregon State Police Office and furnish a copy thereof to Subgrantee; or

ii. As the employer, contacting a local Oregon State Police Office for an “Oregon only” criminal history check on the applicant/employee.

Subgrantee shall place a copy of the criminal history check in the applicant/employee’s personnel file. If the criminal history check reveals convictions for any of the offenses described above, Subgrantee shall not permit the employee to provide services to children as part of the Project unless Subgrantee justifies in writing why the employee is still suitable or able to work with children in a safe and trustworthy manner. Subgrantee shall place a copy of the written justification, together with the applicant/employee’s criminal history check, in the employee’s personnel file.

c. Safety and Security. Subgrantee shall screen clients during the intake process for possible domestic violence or abuse and implement necessary security and safeguard measures to ensure the safety of clients and employees while providing services. The Subgrantee shall provide to DOJ its written safety protocols on security and safeguards to protect clients.

6. Use of Grant Award Moneys.

a. Permissible Uses. The Grant Award moneys are available solely to cover up to 90 percent of the actual Allowable Costs necessarily incurred and paid by Subgrantee in implementing the Project. Allowable Costs are, except to the extent otherwise limited or excluded by the terms of this Agreement, those defined in 2 CFR part 200. If Subgrantee expends $1,000,000 or more in federal funds (from all sources) in a fiscal year beginning after October 1, 2024, Subgrantee shall have a single organization-wide audit conducted in accordance with the provisions of 2 CFR part 200. Copies of all audits must be submitted to DOJ within 30 days of completion. If Subgrantee expends less than $1,000,000 in a fiscal year beginning on or after that date, Subrecipient is exempt from federal audit requirements for that year. Records must be available as provided in Section 7, “Records Maintenance, Audit, Access, and Confidentiality”.

b. Impermissible Uses. Notwithstanding Section 6.a, the Grant Award moneys are not available to retire any debt, supplant or replace funds or other resources that would otherwise have been made available for the Project, to construct new buildings or remodel existing facilities, to purchase land, to purchase buildings, to provide or support an activity outside the scope of the Project, or to cover any costs incurred prior to the effective date of this Agreement or after termination of this Agreement.

7. Records Maintenance, Audit, Access and Confidentiality.

a. Maintenance of Records and Audits. Subgrantee shall document the use of all Grant Award moneys disbursed by DOJ under this Agreement and shall maintain such additional fiscal and other records related to this Agreement as may be required by applicable law. Specifically, but without limiting the generality of the preceding sentence, Subgrantee must maintain separate accounting records of revenue and fees collected, expenditures made and costs incurred in implementing the Project, and other such records as may be required by Department or the United States Department of Health and Human Services. The Grant Award moneys disbursed to Subgrantee under this Agreement are federal funds received under award 2501ORSAVP for the period of 10/1/2025 to 9/30/2026 from the United States Department of Health and Human Services under the State Access and Visitation Program, whose Assistance Listing Number (ALN) is 93.597, and are subject to 2 CFR part 200. Subgrantee shall comply with 2 CFR part 200, as applicable, including the applicable audit requirements. If Subgrantee qualifies for a 2 CFR part 200 audit, Subgrantee shall notify DOJ in writing of such qualification promptly after Subgrantee determines that it so qualifies, shall report the Grant Award moneys received hereunder as pass through funds on Subgrantee’s Schedule of Expenditures of Federal Awards, and promptly after completion of the audit shall furnish DOJ with a written copy of all audit findings applicable to Subgrantee’s Project or notify DOJ in writing that the audit resulted in no findings applicable to Subgrantee’s Project. Subgrantee shall assist in all compliance audits of Subgrantee’s Project conducted by DOJ, the Secretary of State’s Office of the State of Oregon, the United States Department of Health and Human Services, the federal Office of Child Support Services or their duly authorized representatives. Unless applicable federal law requires Subgrantee to utilize a different accounting system, Subgrantee shall create and maintain all fiscal records in accordance with generally accepted accounting principles and in sufficient detail to permit DOJ, the Secretary of State’s Office of the State of Oregon, the United States Department of Health and Human Services, the federal Office of Child Support Services and their authorized representatives, to verify how the Grant Award moneys were used.

b. Retention of Records. Subgrantee shall retain and keep accessible all books, documents, papers, and records (whether in electronic or hard copy form) that are directly related to this Agreement, the Project or the Grant Award moneys for a minimum of six (6) years, or such longer period as may be required by other provisions of this Agreement or applicable law, following termination of this Agreement. If there are unresolved audit questions at the end of the six-year period, Subgrantee shall retain the records until the questions are resolved.

c. Access to Records and Facilities. The DOJ, the Secretary of State’s Office of the State of Oregon, the United States Department of Health and Human Services, the federal Office of Child Support Services, and their duly authorized representatives shall have access to the books, documents, papers and records (whether in electronic or hard copy form) of Subgrantee that are directly related to this Agreement, the Project or the Grant Award moneys provided hereunder, including but not limited to the books, documents, papers and records described in 45 CFR 305.65 for the purpose of making audits and examinations, including but not limited to audits required by 2 CFR part 200, and for the purpose of conducting research, data collection, evaluations, monitoring, and other auditing activities. In addition, the DOJ, the Secretary of State’s Office of the State of Oregon, the United States Department of Health and Human Services, the federal Office of Child Support Services and their duly authorized representatives may make and retain excerpts, copies and transcriptions of the foregoing books, documents, papers and records. Subgrantee shall permit authorized representatives of DOJ, the Secretary of State’s Office of the State of Oregon, the United States Department of Health and Human Services and the federal Office of Child Support Services to perform site reviews of all activities conducted and services delivered as part of the Project.

d. Confidential Information.

i. Subgrantee acknowledges that it and its employees or agents may, in the course of implementing the Project, be exposed to or acquire information that is confidential. For purposes of this Agreement, confidential information means (a) the contents of Child Support Program case related records, files, papers and communications, including but not limited to the names, addresses and social security numbers and other identifying information of obligors, obligees, other payees or children, as provided in OAR 137-055-1140, and (b) identifying information relating to individuals receiving services as part of the Project, that is obtained by Subgrantee through implementation of the Project, including but not limited to names, identifying numbers, symbols or other identification particularly assigned to an individual receiving services as part of the Project ((a) and (b), collectively, “Confidential Information”).

ii. Except as described in Section 7.d.iv below, Subgrantee shall maintain the confidentiality, as described in this Section 7, of any and all Confidential Information obtained by Subgrantee or its employees or agents in implementing the Project.

iii. Any reports or other documents or items (including software) that result from the use of the Confidential Information by Subgrantee shall be deemed Confidential Information hereunder.

iv. Confidential Information does not include information that:

(a) is or becomes (other than by disclosure by Subgrantee) publicly known;

(b) is furnished by DOJ to others without restrictions similar to those imposed by this Grant Agreement;

(c) is rightfully in Subgrantee’s possession without the obligation of nondisclosure prior to the time of its disclosure in connection with this Grant Agreement; or

(d) is independently developed by employees or agents of Subgrantee who can be shown to have had no access to the Confidential Information.

v. Because federal funds are being used to finance this Grant Agreement, Subgrantee shall comply with all non-disclosure and confidentiality obligations, with respect to the Confidential Information, imposed by 45 CFR Subtitle B Chapter III and ORS 25.260.

vi. Subgrantee shall hold all Confidential Information in strict confidence, using at least the same degree of care that Subgrantee uses in maintaining the confidentiality of its own confidential information. Specifically, but without limiting the generality of the foregoing, Subgrantee may not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purpose whatsoever other than as necessary to implement the Project and discharge its obligations under this Agreement.

vii. Subgrantee agrees to comply with all reasonable requests by DOJ to protect the confidentiality and nondisclosure of the Confidential Information, including, but not limited to, obtaining nondisclosure agreements.

viii. Subgrantee acknowledges that breach of this Section 7.d, including disclosure of any Confidential Information, or disclosure of other information that, at law or in equity, ought to remain confidential, will give rise to irreparable injury to DOJ that is inadequately compensable in damages. Accordingly, DOJ may seek and obtain injunctive relief against the breach or threatened breach of this Section 7.d., in addition to any other legal remedies that may be available.

ix. Subgrantee acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of DOJ and are reasonable in scope and content.

x. In the event that a subpoena or other legal process is served upon the Subgrantee for records containing Confidential Information, the Subgrantee shall promptly notify DOJ within 24 hours and cooperate with DOJ in any lawful effort to protect the Confidential Information.

xi. The Subgrantee shall immediately report to DOJ any disclosure of Confidential Information in breach of Subgrantee’s obligations under this Section 7.d. The Subgrantee shall be liable for any breach of this Section 7.d. by its principals, officers, employees, agents or contractors and shall indemnify DOJ from any and all liability resulting from such violation.

Upon learning of any security incident, Subgrantee shall immediately notify the Child Support Program Security Incident Response Team at ChildSupportIncidentResponse@doj.oregon.gov. If DOJ determines that the incident requires notification of DOJ customers or employees, or other notification required by law, DOJ will have sole control over the notification content, timing, and method, subject to Subgrantee’s obligations under applicable law.

xii. The Subgrantee shall provide to DOJ a written description of its policies and procedures to safeguard Confidential Information. Policies of confidentiality shall address as appropriate, information conveyed in verbal, written and electronic formats.

8. Reporting, Data Collection, Auditing and Related Requirements.

Subgrantee shall submit the following written reports to the DOJ, preferably in electronic format:

a. Quarterly Reports. Subgrantee shall submit, within thirty (30) days following the end of each calendar quarter falling in whole or in part during the term of this Agreement, a quarterly report containing the following information:

i. A Project improvement plan addressing any areas of the Project not showing expected success.

ii. A report substantially in the format of Exhibit C attached hereto and incorporated herein by this reference that includes the indicated information for the quarter covered by the report so DCS may evaluate the effect on child support payments.

iii. Other information about the Project and its impact (e.g., successes for participants, barriers encountered, increased awareness of services).

b. Federal Annual Report. Subgrantee shall submit annual reports on the Project, no later than 10 business days after the Agreement end date, whether the agreement is terminated early or ends on September 30, 2026, containing the following information:

i. The Child Access and Visitation Grant Local Service Provider Survey, a copy of which is attached hereto as Exhibit D and incorporated herein by this reference, completed with respect to Subgrantee and Subgrantee’s implementation of the Project. The Subgrantee shall provide actual expenses for each service category.

ii. The Local Service Provider Worksheet, a copy of which is attached hereto as Exhibit E and incorporated herein by this reference, containing the specified information on all services provided as part of the Project. In order to provide complete annual information, Subgrantee must collect the information identified on the Local Service Provider Worksheet on a daily basis with respect to services provided as part of the Project during that day. The Subgrantee shall track Frequency of Service or Service hours, as mutually agreed upon between DOJ and Subgrantee.

iii. The Federal Funding Accountability and Transparency Act (FFATA) certification form, a copy of which is attached hereto as Exhibit G and incorporated herein by this reference. FFATA is designed to increase transparency and improve the public’s access to federal government information. To this end, FFATA requires that executive compensation data be reported for all new federal grants funded at $30,000 or more with an award date on or after October 1, 2010, and subgrants awarded by the DOJ are required to report executive compensation data as addressed in this grant award term. Subgrantee is required to complete and submit the FFATA certification form annually. More detailed information regarding FFATA requirements can be located at http://www.hrsa.gov/grants/ffata.html.

c. Final Expenditure Summary. Subgrantee shall submit a final expenditure summary for the Project, no later than 10 business days after the end of the Grant Agreement. The summary shall include the final Allowable Costs necessarily incurred and paid for the Project, the 90% disbursement for each budget category, and the sources of the 10% match. Subgrantee shall provide explanation for any budget category where there is a 10% or more difference compared to the proposed budget submitted at time of Application. If so requested by DOJ, the Subgrantee shall provide additional explanation or documentation reasonably satisfactory to DOJ.

d. Final Project Plan Summary Results. Subgrantee shall submit a final summary for the Project, no later than 10 business days after the end of the Grant period. The summary shall include final results compared to the proposed project plan submitted at time of Application. Subgrantee shall provide explanation for any areas with fewer results than the proposed project plan and names, case numbers of all open referrals and parenting plans filed with the court but not signed by the Judge. If so requested by DOJ, the Subgrantee shall provide additional explanation or documentation reasonably satisfactory to DOJ.

e. Data Collection, Auditing and Related Requirements. Subgrantee shall cooperate and participate in research, data collection, evaluation, monitoring, and auditing activities related to the Project as required by this Agreement or applicable federal law or as reasonably requested by DOJ.

9. Subgrantee Default.

Subgrantee shall be in default under this Agreement upon the occurrence of any of the following events:

a. Subgrantee fails to perform, observe or discharge any of its covenants, agreements or obligations set forth herein and does not correct such failure to DOJ’s satisfaction, within 30 days of written notice thereof from DOJ;

b. Any representation, warranty or statement made by Subgrantee herein or in any documents or reports relied upon by DOJ to measure Subgrantee’s compliance with this Agreement, the expenditure of Grant Award moneys or the performance by Subgrantee under this Agreement is untrue in any material respect when made;

c. Subgrantee (i) applies for or consents to the appointment of, or taking of possession by, a receiver, custodian, trustee, or liquidator of itself or all of its property, (ii) admits in writing its inability, or is generally unable, to pay its debts as they become due, (iii) makes a general assignment for the benefit of its creditors, (iv) is adjudicated a bankrupt or insolvent, (v) commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), (vi) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, (vii) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code, or (viii) takes any action for the purpose of effecting any of the foregoing; or

d. A proceeding or case is commenced, without the application or consent of Subgrantee, in any court of competent jurisdiction, seeking (i) the liquidation, dissolution or winding-up, or the composition or readjustment of debts, of Subgrantee, (ii) the appointment of a trustee, receiver, custodian, liquidator, or the like of Subgrantee or of all or any substantial part of its assets, or (iii) similar relief in respect to Subgrantee under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty consecutive days, or an order for relief against Subgrantee is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect).

10. Termination.

a. Subgrantee Termination. Subgrantee may terminate this Agreement for its convenience, upon at least 90 calendar days advance written notice to DOJ.

b. DOJ Termination. DOJ may terminate this Agreement:

i. For its convenience, upon 30 calendar days advance written notice to Subgrantee;

ii. Effective upon written notice to Subgrantee, if DOJ does not obtain funding, appropriations and other expenditure authorizations from federal, state or other sources sufficient to satisfy its performance obligations under this Agreement, as determined by DOJ in the reasonable exercise of its administrative discretion;

iii. Effective upon written notice to Subgrantee, if DOJ does not receive sufficient Federal AV Grant Funds to satisfy its performance obligations under this Agreement, as determined by DOJ in the reasonable exercise of its administrative discretion;

iv. Effective upon written notice to Subgrantee if Oregon statutes or federal laws, regulations or guidelines are modified, changed or interpreted by the Oregon Legislative Assembly, the federal government or a court in such a way that DOJ no longer has the authority to satisfy its performance obligations under this Agreement or no longer has the authority to provide the Grant Award moneys from the funding source it had planned to use;

v. Effective upon written notice to Subgrantee, if Subgrantee is in default under this Agreement; or

vi. Effective upon written notice to Subgrantee, if any license or certificate required by law or regulation to be held by Subgrantee to satisfy its performance obligations under this Agreement is for any reason denied, revoked, suspended, not renewed.

11. Effect of Termination.

a. Rights and Obligations. Upon termination of this Agreement, all rights and obligations of the parties arising under this Agreement shall end except those rights and obligations described in Section 11.b.

b. Survival. Notwithstanding Section 11.a, termination of this Agreement shall not affect Subgrantee’s obligations under this Agreement or DOJ’s right to enforce this Agreement against Subgrantee in accordance with its terms, with respect to Grant Award moneys actually received by Subgrantee under this Agreement and services delivered by Subgrantee as part of the Project. Specifically, but without limiting the generality of the preceding sentence, termination of this Agreement shall not affect Subgrantee’s representations and warranties, reporting obligations, indemnification obligations, obligations regarding use of the Grant Award moneys, record-keeping, audit, access and confidentiality obligations, obligations to comply with applicable federal requirements, or DOJ’s right to recover from Subgrantee, in accordance with the terms of this Agreement, any Grant Award moneys actually received by Subgrantee. In addition, termination of this Agreement shall not affect DOJ’s obligation to reimburse Subgrantee, or Subgrantee’s right to obtain reimbursement from DOJ, in accordance with and at rates set forth in Section 3.a of this Agreement, for all actual Allowable Costs necessarily incurred by Subgrantee, during the period commencing on the effective date of this Agreement and ending on the termination date of this Agreement, to implement the Project. If a termination right set forth in section 10 of this Agreement is exercised, both parties shall make reasonable good faith efforts to minimize unnecessary disruption or other problems associated with the termination.

12. General.

a. Notice. Except as otherwise expressly provided in this Agreement, any communications between the parties hereto or notices to be given hereunder shall be given in writing by personal delivery, facsimile, electronic mail or mailing the same, postage prepaid to Subgrantee or the DOJ at the address or number set forth below, or to such other addresses or numbers as a party may indicate by notice to all other parties pursuant to this section. Any communication or notice so addressed and mailed shall be effective five (5) days after mailing. Any communication or notice delivered by facsimile shall be effective on the day the transmitting machine generates a receipt of the successful transmission, if transmission was during normal business hours of the recipient, or on the next business day, if transmission was outside normal business hours of the recipient. Any communication or notice given by personal delivery shall be effective when actually delivered. Any communication by electronic mail shall be effective when actually received, provided that the recipient acknowledges such receipt by return email or otherwise.

Notices to DOJ:

Division of Child Support Michelle Long, Contracts Officer PO Box 14680 Salem, OR 97309 Phone: (503) 947-4386 Email: ChildSupportContracts@doj.oregon.gov

Notices to Subgrantee:

Subgrantee Subgrantee Program Contact Mailing Address City, State Zip Phone:

Fax:

Email:

Either party may designate a different person or change the contact information given in this section by providing written notice in the manner provided in this section and such change shall be effective without need for amendment under Section 12.i.

b. Severability. The parties agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid.

c. Counterparts. This Agreement may be executed in several counterparts, all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original.

d. Governing Law, Consent to Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, “Claim”) between DOJ (and/or any other agency or department of the State of Oregon) and another party to this Agreement that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Marion County in the State of Oregon. Each party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum in an inconvenient forum. In no event shall this section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, from any Claim or from the jurisdiction of any court.

e. Compliance with Law. Subgrantee shall comply with all federal, state and local laws, regulations, and ordinances applicable to the Agreement or to the operation of the Program. Without limiting the generality of the foregoing, Subgrantee expressly agrees to comply with the following laws, and regulations to the extent they are applicable to the Agreement or the Program: (a) Title IV-D of the Social Security Act and its implementing federal regulations and all other applicable federal regulations and requirements, (b) all applicable requirements of state civil rights and rehabilitation statutes, rules and regulations, (c) ORS 659A.142, 659A.145, and 659A.403 to 659A.406 and all regulations and administrative rules established pursuant to those laws in the construction, remodeling, maintenance and operation of any structures and facilities, and in the conduct of all programs, services and training associated with the operation of the Program, (d) the federal laws described in Exhibit F and Exhibit G, attached hereto and incorporated herein by this reference. These laws and regulations are incorporated by reference herein to the extent that they are applicable to the Agreement or Program and required by law to be so incorporated. All employers, that employ subject workers who provide services in the State of Oregon shall comply with ORS 656.017 and provide the required Workers’ Compensation coverage, unless such employers are exempt under ORS 656.126.

f. Assignment of Agreement, Successors in Interest.

i. Subgrantee shall not assign or transfer any interest in this Agreement, enter into any subcontracts, or subgrant any Grant Award moneys, without the prior written approval of DOJ. Any such assignment, transfer, subcontract or subgrant, if approved, is subject to such conditions and provisions as DOJ may deem necessary. No approval by DOJ of any assignment, transfer, subcontract or subgrant shall be deemed to create any obligation of DOJ in addition to those set forth in the Agreement nor will DOJ’s approval of an assignment, transfer, subcontract or subgrant relieve Subgrantee of any of its duties or obligations under this Agreement.

ii. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and permitted assigns.

g. No Third Party Beneficiaries. DOJ and Subgrantee are the only parties to this Agreement and are the only parties entitled to enforce its terms. The parties agree that Subgrantee’s performance under this Agreement is solely for the benefit of DOJ to assist and enable DOJ to accomplish its statutory mission. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement.

h. Integration and Waiver. This Agreement, including all Appendices, constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. The failure of a party to enforce a provision of this Agreement shall not constitute a waiver by that party of that or any other provision. The remedies provided herein are cumulative and not exclusive of any remedies provided by law.

i. Amendment. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both parties and when required approved for legal sufficiency. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. Subgrantee, by signature of its authorized representative, hereby acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions.

j. Headings. The headings and captions to sections of this Agreement have been inserted for identification and reference purposes only and shall not be used to construe the meaning or to interpret this Agreement.

k. Construction. The parties agree and acknowledge that the rule of construction that ambiguities in a written agreement are to be construed against the party preparing or drafting the agreement shall not be applicable to the interpretation of this Agreement.

l. Independent Contractors. The parties agree and acknowledge that their relationship is that of independent contracting parties and that neither Subgrantee is an officer, employee, or agent of the State of Oregon as those terms are used in ORS 30.265 or otherwise.

m. Force Majeure. No party shall be held responsible for delay or default caused by fire, civil unrest, natural causes and war which is beyond that party’s reasonable control. Each party shall, however, make all reasonable efforts to remove or eliminate such cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this Agreement.

n. Indemnification. To the extent permitted by Article XI, section 10 of the Oregon Constitution and by the Oregon Tort Claims Act, Subgrantee shall defend, save, hold harmless, and indemnify the State of Oregon and DOJ and their officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature resulting from or arising out of, or relating to the activities of Subgrantee or its officers, employees, contractors, or agents under this Agreement or in implementing the Project. Any counsel for the Subgrantee that takes action on behalf of the State of Oregon must be approved by the Attorney General of the State of Oregon and be appointed as Special Assistant Attorney General for the purposes of such representation

o. Time is of the Essence. Subgrantee agrees that time is of the essence under this Agreement.

p. Rights in Work Product. In accordance with 45 CFR § 75.322, the Department and United States Department of Health and Human Services shall have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and authorize others to use, for Federal Government purposes:

i. The copyright in any work developed under this grant, or an agreement under this grant; and

ii. Any rights of copyright to which a Subgrantee or a contractor purchases ownership with grant support.

q. Insurance.

i. Professional Liability Insurance. Subgrantee shall obtain and maintain in effect with respect to all occurrences taking place during the period from the effective date of this Contract through the termination of this Contract, professional liability insurance covering professional liability arising from the conduct and implementation of the Project, from an insurance company authorized to do business in the State of Oregon. Coverage limits shall not be less than the limits of liability provided in ORS 30.272.

ii. Comprehensive or Commercial General Liability Insurance. Subgrantee shall obtain and maintain in effect with respect to all occurrences taking place during the period from the effective date of this Contract through the termination of this Contract, comprehensive or commercial general liability insurance covering personal injury and property damage arising from the conduct and implementation of the Project (including contractual liability coverage for the indemnity provided in this Contract) from an insurance company authorized to do business in the State of Oregon. Coverage limits shall not be less than the limits of liability provided in ORS 30.272.

iii. Automobile Liability Insurance. If in the conduct and implementation of the Project, Subgrantee provides transportation for and/or transports individuals in automobiles, Subgrantee shall obtain and maintain in effect with respect to all occurrences taking place during the period from the effective date of this Contract through the termination of this Contract, automobile liability insurance with limits for liability and property damage, including coverage for owned, hired or non-owned vehicles, as applicable, in amount that shall not be less than the limits provided in ORS 30.272 and 30.273.

Each insurance policy must contain a provision that there shall be no cancellation, material change, or refusal to renew such insurance policies without 30 days prior written notice to the DOJ. As evidence of the insurance coverages required by this Agreement, and prior to the execution of this Agreement, Subgrantee shall furnish certificate(s) of insurance to DOJ. Automobile Liability and Commercial General Liability insurance coverage required by this section must name the State of Oregon, Department of Justice, Division of Child Support, including its officers and employees as additional insureds but only with respect to acts or omissions of the Subgrantee, its officers, employees or agents under this Agreement or in the conduct or implementation of the Project. Each policy shall contain a severability of interest clause.

iv. Subgrantee may provide the required insurance through a program of self-insurance acceptable to DOJ.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the dates set forth below their respective signatures.

State of Oregon acting by and through its Department of Justice

By:________________________________________ Lisa M. Udland, Deputy Attorney General

Date:_______________________________________ Division of Child Support for Child Support Program

By:___________________________________________ Kate Cooper Richardson, Director

Date:_________________________________________

Reviewed By:_/s/ ________________ Assistant Attorney General

Subgrantee

By:___________________________________ Insert Name - Title

Date:_________________________________

EXHIBIT A

Project Description October 1, 2025 through September 30, 2026

The Subgrantees’ Project Plan submitted under the RFGA will be utilized under this Section after Agency approval.

EXHIBIT B

Subgrantee’s Budget October 1, 2025 through September 30, 2026

The Subgrantees’s Budget submitted under the RFGA will be utilized under this Section after Agency approval.

EXHIBIT C

October 1, 2025 through September 30, 2026 DCS Quarterly- Child Support Information Example

Subgrantee Name: ______, County: ______________

Complete a separate report for each county.

Mark Quarter: [ ] Oct 2025 – Dec 2025, [ ] Jan 2026 - Mar 2026, [ ] Apr 2026 – Jun 2026, [ ] Jul 2026 – Sept 2026

Instructions: Include clients that received AV related service before the grant. Carry over clients for each quarter until they leave the program. DOB is required.

QTR

safety

Services Received:

Special Concerns:

PPD = Parenting Plan Development MED = Mediation PEC=Parent Education Class DV/SF = Domestic Violence or Safety Concern LOC = NCP unable to locate CP

EXHIBIT D

Part II: Local Service Provider Survey

State: _______________ Grant Amount: $_____________

Name of Grantee: _________________________________

Data on Services Provided During Federal Fiscal Year: (check one)

(October 1, 2025 – September 30, 2026)

A. Local Provider Contact Information Provide the following:

· Name of Service Provider

· Title of Access/Visitation Program

· Program Contact Person

· Street Address

· City, State, & Zip Code

· Telephone Number

· Email B. Services Provided & Client Participation Indicate services provided and select whether mandatory, voluntary or both:

D. Measures Used in Determining Successful Program/Client Outcomes

1. Required Outcome: Number of non-custodial parents who gained increased parenting time with children What is the working definition used by the local grantee in determining a successful client outcome (increased NCP access to and visitation with children)? Briefly describe the measure for only those services funded by your organization and with AV-Grant funds.

· Neutral Drop-Off/Pick-Up

· Supervised Visitation

· Visitation Enforcement

· Other services not included in the above E. Domestic Violence Safeguards Briefly describe what steps, policies, and/or procedures are in place to ensure the safety of parents and children provided AV- funded services through your organization?

GUIDANCE:

· To assist local service providers in compiling, accurately recording, and entering data into the attached Local Service Provider Spreadsheet (Excel spreadsheet)

· The majority of the data collected will be based on self-reported client information provided to the local grantee by the clients.

Name and Address of Local Service Provider

* be sure to also include the title of the AV-funded service(s)

Client Identification Numbers These numbers are given by service providers to an individual (e.g., a noncustodial or custodial parent, grandparent or legal guardian) as recipients of access and visitation services and to protect the privacy of the client (a federal AV program requirement). If a client is receiving a service with another client (e.g., mediation with a NCP and CP) then each client receives their own unique client ID.

Client Referral Identify the entity that referred parent to the service provider and/or indicate whether clients requested services directly.

Client…