Attachment A - Sample Grant~3.pdf

RFA S-58100-00016940 - ODE CTE REVIT 25-27

ODE GRANT #[XXXXX] – CTE Revit Grant 2025-2027 Att. A – Sample Grant

AGENCY Grant v2, updated 3/11/2025 Page 1 of 26

STATE OF OREGON

GRANT AGREEMENT

Grant No. [XXXXX]

This Grant Agreement (“Grant”) is between the State of Oregon acting by and through its Department of Education (“Agency”) and [Grantee Name] (“Grantee”), each a “Party” and, together, the “Parties.”

SECTION 1: AUTHORITY

Pursuant to ORS 344.075 and implemented through OAR 581-044-0210 through 581-044-0260, SB 5515 (2025), HB 5016 (2019), and HB 3072 (2015), Agency is authorized to enter into a grant agreement and provide funding for the purposes described in this Grant.

SECTION 2: PURPOSE

The purpose of this grant is to provide funding to strengthen existing Career and Technical Education (CTE) Programs of Study (“POS”) and to support the development of new Programs of Study (“POS”) aligned with high-wage, high-skill, and in-demand occupations.

SECTION 3: EFFECTIVE DATE AND DURATION

When all Parties have executed this Grant, and all necessary approvals have been obtained (“Executed Date”), this Grant is effective and has a Grant funding start date as of January 1, 2025 (“Effective Date”), and, unless extended or terminated earlier in accordance with its terms, will expire on June 30, 2027.

SECTION 4: GRANT MANAGERS

4.1 Agency’s Grant Manager is:

[NAME]

[ADDRESS]

Phone: [###-###-####]

[EMAIL]

4.2 Grantee’s Grant Manager is:

[NAME]

[ADDRESS]

Phone: [###-###-####]

[EMAIL]

AGENCY Grant v2, updated 3/11/2025 Page 2 of 26

4.3 Grantee’s Fiscal Agent is:

[NAME]

[ADDRESS]

Phone: [###-###-####]

[EMAIL]

4.4 Grantee’s Regional Coordinator is:

[NAME]

[ADDRESS]

Phone: [###-###-####]

[EMAIL]

4.5 A Party may designate a new Grant Manager by written notice to the other Party.

SECTION 5: PROJECT ACTIVITIES

Grantee must perform the project activities set forth in Exhibit A (the “Project”), attached hereto, and incorporated in this Grant by this reference, for the period beginning on the Effective Date and ending on the expiration date set forth in Section 3 (the “Performance Period”).

SECTION 6: GRANT FUNDS

In accordance with the terms and conditions of this Grant, Agency will provide Grantee up to $[XXXXX] (“Grant Funds”) for the Project. Agency will pay the Grant Funds from monies available through its General Funds (“Funding Source”).

SECTION 7: DISBURSEMENT GENERALLY

7.1 Disbursement.

7.1.1 Subject to the availability of sufficient moneys in and from the Funding Source based on Agency’s reasonable projections of moneys accruing to the Funding Source, Agency will disburse Grant Funds to Grantee for the allowable Project activities described in Exhibit A that are undertaken during the Performance Period.

7.1.2 Grantee must provide to Agency any information or detail regarding the expenditure of Grant Funds required under Exhibit A prior to disbursement or as Agency may request.

7.1.3 Agency will only disburse Grant Funds to Grantee for activities completed or materials produced, that, if required by Exhibit A, are approved by Agency. If Agency determines any completed Project activities or materials produced are not acceptable and any deficiencies are the responsibility of Grantee, Agency will prepare a detailed written description of the deficiencies within 15 days of receipt of the materials or performance of the activity and will

AGENCY Grant v2, updated 3/11/2025 Page 3 of 26 deliver such notice to Grantee. Grantee must correct any deficiencies at no additional cost to Agency within 15 days. Grantee may resubmit a request for disbursement that includes evidence satisfactory to Agency demonstrating deficiencies were corrected.

7.2 Conditions Precedent to Disbursement. Agency’s obligation to disburse Grant Funds to Grantee under this Grant is subject to satisfaction of each of the following conditions precedent:

7.2.1 Agency has received sufficient funding, appropriations, expenditure limitation, allotments, or other necessary expenditure authorizations to allow Agency, in the exercise of its reasonable administrative discretion, to make the disbursement from the Funding Source;

7.2.2 No default as described in Section 15 has occurred; and

7.2.3 Grantee’s representations and warranties set forth in Section 8 are true and correct on the date of disbursement(s) with the same effect as though made on the date of disbursement.

7.3 No Duplicate Payment. Grantee may use other funds in addition to the Grant Funds to complete the Project; provided, however, the Grantee may not credit or pay any Grant Funds for Project costs that are paid for with other funds and would result in duplicate funding.

7.4 Suspension of Funding and Project. Agency may by written notice to Grantee, temporarily cease funding and require Grantee to stop all, or any part, of the Project dependent upon Grant Funds for a period of up to 180 days after the date of the notice, if Agency has or reasonably projects that it will have insufficient funds from the Funding Source to disburse the full amount of the Grant Funds.

Upon receipt of the notice, Grantee must immediately cease all Project activities dependent on Grant Funds, or if that is impossible, must take all necessary steps to minimize the Project activities allocable to Grant Funds.

If Agency subsequently projects that it will have sufficient funds, Agency will notify Grantee that it may resume activities. If sufficient funds do not become available, Grantee and Agency will work together to amend this Grant to revise the amount of Grant Funds and Project activities to reflect the available funds. If sufficient funding does not become available or an amendment is not agreed to within a period of 180 days after issuance of the notice, Agency will either (i) cancel or modify its cessation order by a supplemental written notice or (ii) terminate this Grant as permitted by either the termination at Agency’s discretion or for cause provisions of this Grant.

SECTION 8: REPRESENTATIONS AND WARRANTIES

8.1 Organization/Authority. Grantee represents and warrants to Agency that:

8.1.1 Grantee is a [insert type of entity: school district, education service district, unit of local government, etc.] duly organized and validly existing;

8.1.2 Grantee has all necessary rights, powers, and authority under any organizational documents and under Oregon Law to (i) execute this Grant, (ii) incur and perform its obligations under this

AGENCY Grant v2, updated 3/11/2025 Page 4 of 26

Grant, and (iii) receive financing, including the Grant Funds, for the Project;

8.1.3 This Grant has been duly executed by Grantee and when executed by Agency, constitutes a legal, valid, and binding obligation of Grantee enforceable in accordance with its terms;

8.1.4 If applicable and necessary, the execution and delivery of this Grant by Grantee has been authorized by an ordinance, order or resolution of its governing body, or voter approval, that was adopted in accordance with applicable law and requirements for filing public notices and holding public meetings; and

8.1.5 There is no proceeding pending or threatened against Grantee before any court or governmental authority that if adversely determined would materially adversely affect the Project or the ability of Grantee to carry out the Project.

8.2 False Claims Act. Grantee acknowledges the Oregon False Claims Act, ORS 180.750 to 180.785, applies to any “claim” (as defined by ORS 180.750) made by (or caused by) Grantee that pertains to this Grant or to the Project. Grantee certifies that no claim described in the previous sentence is or will be a “false claim” (as defined by ORS 180.750) or an act prohibited by ORS 180.755. Grantee further acknowledges in addition to the remedies under Section 16, if it makes (or causes to be made) a false claim or performs (or causes to be performed) an act prohibited under the Oregon False Claims Act, the Oregon Attorney General may enforce the liabilities and penalties provided by the Oregon False Claims Act against the Grantee.

8.3 No limitation. The representations and warranties set forth in this Section are in addition to, and not in lieu of, any other representations or warranties provided by Grantee.

SECTION 9: OWNERSHIP

9.1 Intellectual Property Definitions. As used in this Section and elsewhere in this Grant, the following terms have the meanings set forth below:

“Third Party Intellectual Property” means any intellectual property owned by parties other than Grantee or Agency.

“Work Product” means every invention, discovery, work of authorship, trade secret or other tangible or intangible item Grantee is required to create or deliver as part of the Project, and all intellectual property rights therein.

9.2 Grantee Ownership. Grantee must deliver copies of all Work Product as directed in Exhibit A.

Grantee retains ownership of all Work Product, and grants Agency an irrevocable, non-exclusive, perpetual, royalty-free license to use, to reproduce, to prepare derivative works based upon, to distribute, to perform and to display the Work Product, to authorize others to do the same on Agency’s behalf, and to sublicense the Work Product to other entities without restriction.

9.3 Third Party Ownership. If the Work Product created by Grantee under this Grant is a derivative work based on Third Party Intellectual Property, or is a compilation that includes Third Party Intellectual Property, Grantee must secure an irrevocable, non-exclusive, perpetual, royalty-free

AGENCY Grant v2, updated 3/11/2025 Page 5 of 26 license allowing Agency and other entities the same rights listed above for the pre-existing element of the Third party Intellectual Property employed in the Work Product. If state or federal law requires that Agency or Grantee grant to the United States a license to any intellectual property in the Work Product, or if state or federal law requires Agency or the United States to own the intellectual property in the Work Product, then Grantee must execute such further documents and instruments as Agency may reasonably request in order to make any such grant or to assign ownership in such intellectual property to the United States or Agency.

9.4 Real Property. If the Project includes the acquisition, construction, remodel or repair of real property or improvements to real property, Grantee may not sell, transfer, encumber, lease or otherwise dispose of any real property or improvements to real property paid for with Grant Funds for a period of six (6) years after the Effective Date of this Grant without the prior written consent of the Agency.

SECTION 10: CONFIDENTIAL INFORMATION

10.1 Confidential Information Definition. Grantee acknowledges it and its employees or agents may, in the course of performing its responsibilities, be exposed to or acquire information that is: (i) confidential to Agency or Project participants or (ii) the disclosure of which is restricted under federal or state law, including without limitation: (a) personal information, as that term is used in ORS 646A.602(12), (b) social security numbers, and (c) information protected by the federal Family Educational Rights and Privacy Act under 20 USC § 1232g (items (i) and (ii) separately and collectively “Confidential Information”).

10.2 Nondisclosure. Grantee agrees to hold Confidential Information as required by any applicable law and in all cases in strict confidence, using at least the same degree of care Grantee uses in maintaining the confidentiality of its own confidential information. Grantee 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 except as is allowed by law and for the Project activities and Grantee must advise each of its employees and agents of these restrictions. Grantee must assist Agency in identifying and preventing any unauthorized use or disclosure of Confidential Information. Grantee must advise Agency immediately if Grantee learns or has reason to believe any Confidential Information has been, or may be, used or disclosed in violation of the restrictions in this Section. Grantee must, at its expense, cooperate with Agency in seeking injunctive or other equitable relief, in the name of Agency or Grantee, to stop or prevent any use or disclosure of Confidential Information. At Agency’s request, Grantee must return or destroy any Confidential Information. If Agency requests Grantee to destroy any Confidential Information, Grantee must provide Agency with written assurance indicating how, when and what information was destroyed.

10.3 Identity Protection Law. Grantee must have and maintain a formal written information security program that provides safeguards to protect Confidential Information from loss, theft, and disclosure to unauthorized persons, as required by the Oregon Consumer Information Protection Act, ORS 646A.600-646A.628. If Grantee or its agents discover or are notified of a potential or actual “Breach of Security”, as defined by ORS 646A.602(1)(a), or a failure to comply with the requirements of ORS 646A.600-628, (collectively, “Breach”) with respect to Confidential

AGENCY Grant v2, updated 3/11/2025 Page 6 of 26

Information, Grantee must promptly but in any event within one calendar day (i) notify the Agency Grant Manager of such Breach and (ii) if the applicable Confidential Information was in the possession of Grantee or its agents at the time of such Breach, Grantee must (a) investigate and remedy the technical causes and technical effects of the Breach and (b) provide Agency with a written root cause analysis of the Breach and the specific steps Grantee will take to prevent the recurrence of the Breach or to ensure the potential Breach will not recur. For the avoidance of doubt, if Agency determines notice is required of any such Breach to any individual(s) or entity(ies), Agency will have sole control over the timing, content, and method of such notice, subject to Grantee’s obligations under applicable law.

10.4 Subgrants/Contracts. Grantee must require any subgrantees, contractors or subcontractors under this Grant who are exposed to or acquire Confidential Information to treat and maintain such information in the same manner as is required of Grantee under subsections 10.1 and 10.2 of this Section.

10.5 Background Check. If requested by Agency and permitted by law, Grantee’s employees, agents, contractors, subcontractors, and volunteers that perform Project activities must agree to submit to a criminal background check prior to performance of any Project activities or receipt of Confidential Information. Background checks will be performed at Grantee’s expense. Based on the results of the background check, Grantee or Agency may refuse or limit (i) the participation of any Grantee employee, agent, contractor, subgrantee, or volunteer, in Project activities or (ii) access to Agency Personal Information or Grantee premises.

SECTION 11: CONTRIBUTION/SUBCONTRACTOR INDEMNIFICATION

11.1 Contributory Liability and Contractor Indemnification—Tort Claims.

11.1.1 Notification. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 (“Third-Party Claim”) against Agency or Grantee (the “Notified Party”) relating to this Agreement or the Project and with respect to which the other party (“Other Party”) may have liability, the Notified Party must promptly notify the Other Party in writing of the Third-Party Claim and deliver to the Other Party a copy of the claim, process, and all legal pleadings with respect to the Third-Party Claim. Either Party is entitled to participate in the defense of a Third-Party Tort Claim, and to defend a Third-Party Claim with counsel of its own choosing. Receipt by the Other Party of the notice and copies required in this paragraph and meaningful opportunity for the Other Party to participate in the investigation, defense, and settlement of the Third-Party Claim with counsel of its own choosing are conditions precedent to the Other Party’s contribution obligation with respect to the Third- Party Claim.

11.1.2 Agency Contribution Joint Liability. With respect to a Third-Party Claim for which Agency is jointly liable with Grantee (or would be if joined in the Third-Party Tort Claim ), Agency shall contribute to the amount of expenses (including attorneys’ fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Grantee in such proportion as is appropriate to reflect the relative fault of the Agency on the one hand and of Grantee on the other hand in connection with the events which resulted in such expenses, AGENCY Grant v2, updated 3/11/2025 Page 7 of 26 judgments, fines or settlement amounts, as well as any other relevant equitable considerations.

The relative fault of Agency on the one hand and of Grantee on the other hand shall be determined by reference to, among other things, the Parties’ relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines, or settlement amounts. Agency’s contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, if Agency had sole liability in the proceeding.

11.1.3 Grantee Contribution. With respect to a Third-Party Claim for which Grantee is jointly liable with Agency (or would be if joined in the Third-Party Claim), Grantee shall contribute to the amount of expenses (including attorneys’ fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of Grantee on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Grantee on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties’ relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines, or settlement amounts. Grantee’s contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, if it had sole liability in the proceeding.

11.1.4 Subcontractor Indemnification. Grantee shall take all reasonable steps to cause its contractor(s) that are not units of local government as defined in ORS 190.003, if any, to indemnify, defend, save and hold harmless the State of Oregon and its officers, employees and agents (“Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including attorneys’ fees) arising from a tort (as now or hereafter defined in ORS 30.260) caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Grantee’s contractor or any of the officers, agents, employees or subcontractors of the contractor( “Claims”). It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by the contractor from and against any and all Contractor Claims.

11.2 Indemnity; Release—Claims Other Than Torts.

11.2.1 Indemnity. Except for Third-Party Claims and Contractor Claims as provided above, Grantee must defend, hold harmless, and indemnify the State of Oregon, the Agency, and their officers, employees, and agents from and against all claims, suits, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) resulting from, arising out of, or relating to the activities of Grantee or its officers, employees, subgrantees, contractors, subcontractors, or agents under this Agreement (a “Non-Tort Claim”).

11.2.2 Defense. Grantee may control the defense and settlement of any Non-Tort Claim. But neither Grantee nor its attorney(s) may defend the Non-Tort Claim in the name of the State of Oregon or purport to act as its or its agencies’ legal representative without first receiving authority from

AGENCY Grant v2, updated 3/11/2025 Page 8 of 26 the Attorney General, in a form and manner the Attorney General determines is appropriate.

Grantee also may not settle any Non-Tort Claim on behalf of the State of Oregon without approval from the Attorney General. The State of Oregon may, at its election and expense, assume its own defense and settlement if it determines Grantee is prohibited from defending the State of Oregon, or is not adequately defending the State of Oregon’s interests, or an important governmental principle is at issue. Grantee may not use Grant Funds to pay for the defense or settlement of any Non-Tort Claim.

11.3 Limitation. Except as provided in this Section 11, neither Party will be liable for incidental, consequential, or other indirect damages arising out of or related to this Agreement, regardless of the legal theory of liability, whether in contract, tort (including negligence), strict liability, product liability, or otherwise. Neither Party will be liable for any damages resulting solely from the termination of this Agreement according to its terms.

SECTION 12: INSURANCE

12.1 Grantee Insurance. Grantee shall comply with ORS 656.017 and provide Workers’ Compensation insurance coverage for its subject workers as defined in ORS 656.027. Additionally, Grantee shall maintain either self-insurance, commercial insurance, or a combination of both providing liability coverage, crime coverage for grant agreements, and other types and amounts of coverage necessary for insuring against: (i) any Third-Party Tort Claim and Non-Tort Claim the Grantee is responsible for under Exhibit B, Section 5: Contribution ; and (ii) other claims, suits, actions, losses, damages, liabilities, costs and expenses including attorney fees arising from Grantee’s acts or omissions relating to this Agreement. Grantee shall provide to Agency certificate(s) of insurance verifying coverage, including workers’ compensation insurance coverage, before commencing with any activities under this Agreement.

12.2 Subcontractor Insurance (if applicable). Grantee shall require its first-tier contractor(s) that are not units of local government as defined in ORS 190.003, if any, to obtain insurance specified in Exhibit C. If requested by Agency, Grantee shall provide proof of Subcontractor Insurance specified in Exhibit C.

12.3 Subgrantee Insurance (if applicable). Grantee shall require subgrantee(s), if any, to maintain crime insurance and additional insurance in the types and amounts that are commensurate with the type of work being performed by the subgrantees and that are consistent with applicable insurance industry standards. If requested by Agency, Grantee shall provide proof of such insurance.

12.4 Real Property. If the Project includes the construction, remodel or repair of real property or improvements to real property, Grantee must insure the real property and improvements against liability and risk of direct physical loss, damage or destruction at least to the extent that similar insurance is customarily carried by entities constructing, operating and maintaining similar property or facilities.

SECTION 13: GOVERNING LAW, DESIGNATION OF FORUM AND

AGENCY Grant v2, updated 3/11/2025 Page 9 of 26

CONSENT TO JURISDICTION, NON-WAIVER OF SOVEREIGN

IMMUNITY

13.1 Choice of Law. The laws of the State of Oregon (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Agreement, including, without limitation, its validity, interpretation, construction, performance, and enforcement.

13.2 Designation of Forum. Any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for Marion County. Each party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum.

13.3 Federal forum. Notwithstanding Exhibit B, Section 13.2, if a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for the District of Oregon. This Section applies to a claim brought against the State of Oregon only to the extent Congress has appropriately abrogated the State of Oregon’s sovereign immunity and is not consent by the State of Oregon to be sued in federal court. This Section is also not a waiver by the State of Oregon of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States.

SECTION 14: ALTERNATIVE DISPUTE RESOLUTION

The Parties should attempt in good faith to resolve any dispute arising out of this Grant. This may be done at any management level, including at a level higher than persons directly responsible for administration of the Grant. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. Each Party will bear its own costs incurred for any mediation or non-binding arbitration.

SECTION 15: DEFAULT

15.1 Grantee. Grantee will be in default under this Grant upon the occurrence of any of the following events:

15.1.1 Grantee fails to use the Grant Funds for the intended purpose described in Exhibit A or otherwise fails to perform, observe or discharge any of its covenants, agreements, or obligations under this Grant;

15.1.2 Any representation, warranty or statement made by Grantee in this Grant or in any documents or reports relied upon by Agency to measure the Project, the expenditure of Grant Funds or the performance by Grantee is untrue in any material respect when made; or

15.1.3 A petition, proceeding or case is filed by or against Grantee under any federal or state bankruptcy, insolvency, receivership or other law relating to reorganization, liquidation, AGENCY Grant v2, updated 3/11/2025 Page 10 of 26 dissolution, winding-up or adjustment of debts; in the case of a petition filed against Grantee, Grantee acquiesces to such petition or such petition is not dismissed within 20 calendar days after such filing, or such dismissal is not final or is subject to appeal; or Grantee becomes insolvent or admits its inability to pay its debts as they become due, or Grantee makes an assignment for the benefit of its creditors.

15.2 Agency. Agency will be in default under this Grant if, after 15 days written notice specifying the nature of the default, Agency fails to perform, observe or discharge any of its covenants, agreements, or obligations under this Grant; provided, however, Agency will not be in default if Agency fails to disburse Grant Funds because there is insufficient expenditure authority for, or moneys available from, the Funding Source.

SECTION 16: REMEDIES

16.1 Agency Remedies. In the event Grantee is in default under Section 15.1, Agency may, at its option, pursue any or all of the remedies available to it under this Grant and at law or in equity, including, but not limited to: (i) termination of this Grant under Section 18.2, (ii) reducing or withholding payment for Project activities or materials that are deficient or Grantee has failed to complete by any scheduled deadlines, (iii) requiring Grantee to complete, at Grantee’s expense, additional activities necessary to satisfy its obligations or meet performance standards under this Grant, (iv) initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, (v) exercise of its right of recovery of overpayments under Section 17 of this Grant or setoff, or both, or (vi) declaring Grantee ineligible for the receipt of future awards from Agency. These remedies are cumulative to the extent the remedies are not inconsistent, and Agency may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever.

16.2 Grantee Remedies. In the event Agency is in default under Section 15.2 and whether or not Grantee elects to terminate this Grant, Grantee’s sole monetary remedy will be, within any limits set forth in this Grant, reimbursement of Project activities completed and accepted by Agency and authorized expenses incurred, less any claims Agency has against Grantee. In no event will Agency be liable to Grantee for any expenses related to termination of this Grant or for anticipated profits.

SECTION 17: WITHHOLDING FUNDS, RECOVERY

Agency may withhold from disbursements of Grant Funds due to Grantee, or Grantee must return to Agency within 30 days of Agency’s written demand:

17.1 Any Grant Funds paid to Grantee under this Grant, or payments made under any other agreement between Agency and Grantee, that exceed the amount to which Grantee is entitled;

17.2 Any Grant Funds received by Grantee that remain unexpended or contractually committed for payment of the Project at the end of the Performance Period;

17.3 Any Grant Funds determined by Agency to be spent for purposes other than allowable Project activities; or

AGENCY Grant v2, updated 3/11/2025 Page 11 of 26

17.4 Any Grant Funds requested by Grantee as payment for deficient activities or materials.

SECTION 18: TERMINATION

18.1 Mutual. This Grant may be terminated at any time by mutual written consent of the Parties.

18.2 By Agency. Agency may terminate this Grant as follows:

18.2.1 At Agency’s discretion, upon 30 days advance written notice to Grantee;

18.2.2 Immediately upon written notice to Grantee, if Agency fails to receive funding, or appropriations, limitations, or other expenditure authority at levels sufficient in Agency’s reasonable administrative discretion, to perform its obligations under this Grant;

18.2.3 Immediately upon written notice to Grantee, if federal or state laws, rules, regulations, or guidelines are modified or interpreted in such a way that Agency’s performance under this Grant is prohibited or Agency is prohibited from funding the Grant from the Funding Source; or

18.2.4 Immediately upon written notice to Grantee, if Grantee is in default under this Grant and such default remains uncured 15 days after written notice thereof to Grantee.

18.3 By Grantee. Grantee may terminate this Grant as follows:

18.3.1 If Grantee is a governmental entity, immediately upon written notice to Agency, if Grantee fails to receive funding, or appropriations, limitations, or other expenditure authority at levels sufficient to perform its obligations under this Grant.

18.3.2 If Grantee is a governmental entity, immediately upon written notice to Agency, if applicable laws, rules, regulations or guidelines are modified or interpreted in such a way that the Project activities contemplated under this Grant are prohibited by law or Grantee is prohibited from paying for the Project from the Grant Funds or other planned Project funding; or

18.3.3 Immediately upon written notice to Agency, if Agency is in default under this Grant and such default remains uncured 15 days after written notice thereof to Agency.

18.4 Cease Activities. Upon receiving a notice of termination of this Grant, Grantee must immediately cease all activities under this Grant, unless Agency expressly directs otherwise in such notice. Upon termination, Grantee must deliver to Agency all materials or other property that are or would be required to be provided to Agency under this Grant or that are needed to complete the Project activities that would have been performed by Grantee.

SECTION 19: MISCELLANEOUS

19.1 Conflict of Interest. Grantee by signature to this Grant declares and certifies the award of this Grant and the Project activities to be funded by this Grant, create no potential or actual conflict of interest, as defined by ORS Chapter 244, for a director, officer, or employee of Grantee.

AGENCY Grant v2, updated 3/11/2025 Page 12 of 26

19.2 Nonappropriation. Agency’s obligation to pay any amounts and otherwise perform its duties under this Grant is conditioned upon Agency receiving funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to meet its obligations under this Grant. Nothing in this Grant may be construed as permitting any violation of Article XI, Section 7 of the Oregon Constitution or any other law limiting the activities, liabilities, or monetary obligations of Agency.

19.3 Amendments. The terms of this Grant may not be altered, modified, supplemented, or otherwise amended, except by written agreement of the Parties.

19.4 Notice. Except as otherwise expressly provided in this Grant, any notices to be given under this Grant must be given in writing by email, personal delivery, or postage prepaid mail, to a Party’s Grant Manager at the physical address or email address set forth in this Grant, or to such other addresses as either Party may indicate pursuant to this Section. Any notice so addressed and mailed becomes effective five (5) days after mailing. Any notice given by personal delivery becomes effective when actually delivered. Any notice given by email becomes effective upon the sender’s receipt of confirmation generated by the recipient’s email system that the notice has been received by the recipient’s email system.

19.5 Survival. All rights and obligations of the Parties under this Grant will cease upon termination of this Grant, other than the rights and obligations arising under Sections 11, 13, 14, 16, 17 and subsection 19.5 hereof and those rights and obligations that by their express terms survive termination of this Grant; provided, however, termination of this Grant will not prejudice any rights or obligations accrued to the Parties under this Grant prior to termination.

19.6 Severability. The Parties agree if any term or provision of this Grant 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 will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Grant did not contain the particular term or provision held to be invalid.

19.7 Counterparts. This Grant may be executed in several counterparts, all of which when taken together constitute one agreement, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of the Grant so executed constitutes an original.

19.8 Compliance with Law. In connection with their activities under this Grant, the Parties must comply with all applicable federal, state, and local laws.

19.9 Intended Beneficiaries. Agency and Grantee are the only parties to this Grant and are the only parties entitled to enforce its terms. Nothing in this Grant provides, is intended to provide, or may be construed to provide any direct or indirect benefit or right to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of this Grant.

19.10 Assignment and Successors. Grantee may not assign or transfer its interest in this Grant without the prior written consent of Agency and any attempt by Grantee to assign or transfer its interest in this Grant without such consent will be void and of no force or effect. Agency’s consent to Grantee’s assignment or transfer of its interest in this Grant will not relieve Grantee of any of its duties or

AGENCY Grant v2, updated 3/11/2025 Page 13 of 26 obligations under this Grant. The provisions of this Grant will be binding upon and inure to the benefit of the Parties hereto, and their respective successors and permitted assigns.

19.11 Contracts and Subgrants. Grantee may not, without Agency’s prior written consent, enter into any contracts or subgrants for any of the Project activities required of Grantee under this Grant.

Agency’s consent to any contract or subgrant will not relieve Grantee of any of its duties or obligations under this Grant.

19.12 Time of the Essence. Time is of the essence in Grantee’s performance of the Project activities under this Grant.

19.13 Records Maintenance and Access. Grantee must maintain all financial records relating to this Grant in accordance with generally accepted accounting principles. In addition, Grantee must maintain any other records, whether in paper, electronic or other form, pertinent to this Grant in such a manner as to clearly document Grantee’s performance. All financial records and other records, whether in paper, electronic or other form, that are pertinent to this Grant, are collectively referred to as “Records.” Grantee acknowledges and agrees Agency and the Oregon Secretary of State's Office, and the federal government and their duly authorized representatives will have access to all Records to perform examinations and audits and make excerpts and transcripts.

Grantee must retain and keep accessible all Records for a minimum of six (6) years, or such longer period as may be required by applicable law, following termination of this Grant, or until the conclusion of any audit, controversy or litigation arising out of or related to this Grant, whichever date is later.

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

19.15 Grant Documents. This Grant consists of the following documents, which are incorporated by this reference and listed in descending order of precedence:

• This Grant less all exhibits

• Exhibit A (the “Project”)

• Exhibit B (Insurance)

19.16 Merger, Waiver. This Grant and all exhibits and attachments, if any, constitute 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 Grant. No waiver or consent under this Grant binds either Party unless in writing and signed by both Parties.

Such waiver or consent, if made, is effective only in the specific instance and for the specific purpose given.

SECTION 20: SIGNATURES

EACH PARTY, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES

IT HAS READ THIS GRANT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND

AGENCY Grant v2, updated 3/11/2025 Page 14 of 26

CONDITIONS. The Parties further agree that by the exchange of this Grant electronically, each has agreed to the use of electronic means, if applicable, instead of the exchange of physical documents and manual signatures. By inserting an electronic or manual signature below, each authorized representative acknowledges that it is their signature, that each intends to execute this Grant, and that their electronic or manual signature should be given full force and effect to create a valid and legally binding agreement.

IN WITNESS WHEREOF, the Parties have executed this Grant as of the dates set forth below.

STATE OF OREGON acting by and through its Department of Education

By:

Karen Kay Harrison, Contract Officer Date

[Grantee Name]

By:

Authorized Signature Date

Printed Name Title

Federal Tax ID Number

Approved for Legal Sufficiency in accordance with ORS 291.047

By: N/A Name, Title Date

AGENCY Grant v2, updated 3/11/2025 Page 15 of 26

EXHIBIT A

THE PROJECT

SECTION I. BACKGROUND AND GOALS

Career and Technical Education (CTE) in Oregon is grounded in a long tradition of hands-on, career-focused learning designed to meet the needs of a dynamic economy. Over time, CTE has evolved to reflect the changing demands of both the state and regional workforce, helping learners build academic, technical, and employability skills that prepare them for high-wage, high-skill, and in-demand careers. Investments in CTE have strengthened alignment between education, workforce development, and economic opportunity, ensuring that student pathways remain responsive and relevant.

The Oregon Legislature created the CTE Revitalization Grant Program in 2011 through House Bill 3362, establishing a statewide competitive grant initiative to support the development, expansion, and enhancement of high-quality CTE Programs of Study. The Legislature subsequently renewed and strengthened its commitment to CTE through House Bill 3072 (2015), which established ongoing STEM/CTE funding and incorporated CTE Revitalization grants into statute under ORS 344.075.

To implement this statutory framework, the State Board of Education adopted OAR 581-044-0210 through 581-044-0260, which define program policy, eligibility requirements, evaluation criteria, the role of the Grant Advisory Committee, and the competitive award process. These rules form the foundation for Agency administration of the CTE Revitalization Grant Program and guide the processes used to solicit, evaluate, and award grant funding.

Funding for the 2025–27 grant cycle is supported through legislative appropriation in SB 5515 (2025), as referenced in the Joint Committee on Ways and Means Budget Report. The combination of statutory authority, rulemaking, and continued legislative support provides the framework for this Request for Applications and the Agency’s ongoing work to expand equitable access to high-quality CTE opportunities across Oregon.

SECTION II. GRANT REQUIREMENTS

The Parties agree that Grantee designed a plan for revitalization/development of their CTE POS through a detailed Project Plan. Through a review by an independent grant review committee, the Project Plan was judged to have met the following elements:

• Needs Assessment: Create an action plan to address identified needs of historically and currently marginalized learners within your community.

• Outcomes & Indicators: Identify specific outcomes and progress markers that will be used to gauge the impact of the project.

• Program Design: Describe the design of one or more CTE Programs of Study that will be developed or enhanced.

AGENCY Grant v2, updated 3/11/2025 Page 16 of 26

• Learner Impact: Describe how the project will help learners meet the requirements of the Oregon Diploma while preparing them for further education, training, and/or career.

• Sustainability: Describe how the project and partnerships will be sustained and expanded beyond the life of the grant.

• Timeline: Develop a timeline of activities that aligns with the stated outcomes.

• Evaluation: Conduct an evaluation of the project based on the stated outcomes.

• Partnerships: Develop active and engaged business, industry, labor, community organizations, and education (e.g., community college, private postsecondary) partnerships that will implement and sustain the project through a commitment of resources from all partners.

• Budget: Create a budget that is aligned with project activities.

Pursuant to this Grant Agreement, Grantee must use Grant Funds to implement the Project Plan as approved. Any proposed changes to the Project Plan must be submitted to and approved by the Agency’s Grant Manager identified in Section 4.

SECTION III. FUNDING AND REQUIRED PROJECT ACTIVITIES

Agency will disburse Grant Funds only for the costs of Project activities that occur, including expenses incurred, during the Performance Period. Agency will disburse Grant Funds to Grantee, for the purpose of implementing approved Project Plan and accompanying activities related to the POS described in the Project Plan, as described below. Any modifications to this requirement must be approved by the Agency. Only costs incurred for Project Activities that occur during the Performance Period will be reimbursed in accordance with the terms of this Grant.

Reimbursements will be processed quarterly (or monthly, if requested) after required reports have been submitted and approved (see Section VI. Project Evaluation/Reporting Requirements below).

1) Grantee must use Grant Funds to support implementation of Project Activities described in Grantee’s respective Agency-approved Project Plan, which include but are not limited to the following:

• Increase participation, support, and retention of historically and currently marginalized students in Grantee’s community by engaging in:

o Specific activities that are intended to recruit historically and currently marginalized students.

o Specific activities that are intended to provide support of historically and currently marginalized students.

o Specific activities that are intended to help retain historically and currently marginalized students.

• Develop and sustain partnerships by engaging with:

o Any of the nine federally recognized Tribes to improve outcomes for all learners and extend the power of CTE across communities and regions.

o Community-based organizations such as groups representing historically and currently marginalized students to help extend career connected learning and CTE efforts.

AGENCY Grant v2, updated 3/11/2025 Page 17 of 26 o Businesses, industries, labor management organizations, and/or trades, which are required partners in a Perkins-approved program of study and should have meaningful, explicit roles to play in supporting programs and partnering with them as mentors, guides, and advisors.

o The community college aligned with the CTE Program of Study.

o Workforce investment boards, economic development organizations, STEM Hubs, and local chapters of professional organizations may also link projects to multiple partners.

• Develop or enhance the following CTE Programs of Study (“POS”):

o Start-up NEW POS: A Start-Up Program of Study (“Start-Up POS,” “POS”) is a new, sequential, non-duplicative program of courses restricted to a specific career area and designed to provide introductory technical knowledge and skills such that learners engaging in the POS develop initial skills that help them determine if a particular career area fits their interests and likely path for future education, training, and ultimately employment. Start-Up POS are common when planners wish to add a CTE Program of Study that has never been available or has not been active in a school for at least three (3) years. A Start-Up POS can develop into a full Program of Study over a three (3) year period, during with the developers of the program are expected to hire appropriate faculty and other specifications are met.

o Move-Up POS: A Move-Up POS is a program that has been in operation from inception to less than three (3) years. Move-Up POS are intended to help a school more thoroughly develop a program through enhanced curriculum, equipment, and/or facilities.

o High-Quality POS (“HQPOS”): Per the Agency website, “In order to meet the federal definition of High Quality Program of Study, an Oregon state-approved CTE Program of Study must be built around six core elements (Access and Equity, Standards and Content, Alignment and Articulation, Accountability and Evaluation, Student Support Services, and CTE Professional Development) and meet the needs of students, business, and industry.”

For POS leveraging CTE Revit Grant funds for improvement, the HQPOS is considered the strongest program that can be offered within a given geographic area.

• Design, develop, and enhance all POS with the assistance and guidance of an Agency Education Specialist (“Ed Spec”), CTE Regional Coordinator (“RC”) active the geographic area in which the program is being proposed, Community College Partners (“CC”), and members of local/regional business, industry, labor, and trades (“BILT”) who help to ensure that the POS addresses local industry needs as understood based on analysis of Labor Market Information (“LMI”), local economic development needs and trends, and other factors. All POS must also address equity and access for all students, including historically and currently marginalized students. All POS use the High-Quality Program of Study Rubric (“HQPOS”) as a means of both understanding what is possible and also measuring individual program progress to pertinent goals. Activities may include but are not limited to the creation, acquisition, and/or development of curricular materials, training aids, simulations, appropriate industrial and technical equipment typically used within the career area, professional development for teachers, and necessary and appropriate construction, modifications, and renovations of classrooms, shops, labs, outbuildings, and grounds (“learning spaces”). The design of any CTE POS shall address the CTE Revitalization Grant Vision. Grantee shall articulate the steps that Grantee will take to gain approval of the POS.

AGENCY Grant v2, updated 3/11/2025 Page 18 of 26

• Through development and enhancement of the POS identified in the Project Plan, Grantee shall support the development or enhancement of a career pathway that leads to high-skill, high-wage, and in-demand occupations. Such pathway(s) and occupation(s) must be made explicit to students, parents, and community.

• In working to meet the requirements of the Oregon Diploma, students enrolled in the POS identified in the Project Plan shall benefit from such enrollment through:

o Academic support to help meet core academic credit requirements.

o Career related learning experiences that support Essential Skills.

o Personalization of the educational experience through support of the student plan and profile or the extended application.

o Per Oregon’s CTE State Plan and consistent with the federal “The Strengthening Career and Technical Education for the 21st Century Act” (“Perkins V”), all POS must demonstrate alignment with the following:

▪ relevant state academic content standards

▪ industry recognized technical standards as determined by appropriate industry standard groups and governmental regulatory agencies

▪ employability skills as prescribed in Oregon’s Knowledge…