State of Oregon Housing and Community Services …€¦ · Housing and Community Services...

1 CAPACITY BUILDING TRAINING PROGRAM\

REQUEST FOR APPLICATION

State of Oregon

Housing and Community Services Department

Request for Applications (RFA) #4441

CAPACITY BUILDING TRAINING PROGRAM

RFA Issued Date:

February 13, 2017

Application Due Time:

February 27, 2017 at 2:00 PM

Grant Agreement Begin Date: March 1, 2017

Initial Grant Agreement End Date: June 30, 2021

2 CAPACITY BUILDING TRAINING PROGRAM\ REQUEST FOR APPLICATION

TABLE OF CONTENTS

1.0 INTRODUCTION

1.1 Background

1.2 Purpose and Objectives

1.3 Capacity Training and Facilitation

1.4 Funding Guidelines

1.5 Reporting Requirements

2.0 APPLICATION REQUIREMENTS

2.1 Application Submission

2.1.1 Oregon Public Records Law

2.1.2 Costs and Fees

2.1.3 Errors and Omissions

2.2 Application Completeness

2.3 Eligible Applicants

2.4 Capacity to Comply with Program Requirements

2.5 Responsive Applications

2.6 RFA Inquiries, Responses, and Protests

2.6.1 Inquiries to RFA

2.6.2 Responses; Addenda

2.6.3 Protests to RFA

2.6.4 Protests to Addenda; Reservations; and Grant Agreement Changes

2.6.5 Protests Must:

2.6.6 Protest Responses

3.0 SELECTION, RESERVATION, AND REPORTING

3.1 Proposal Rejection

3.2 Opening of Applications

3.3 Evaluation; Reservation; Negotiation

3.3.1 Maximum and Minimum Point Standards

3.3.2 Clarifications; Supplementations

3.3.3 Scoring Criteria

3.3.4 Review Process; Preference Points; Ranking of Applications

4.0 SCORED QUESTIONS

4.1 Narrative

4.2 Program Objectives

4.3 Prior Experience

4.4 Readiness to Proceed

4.5 Budget Attached

5.0 GENERAL TERMS

5.1 Submission – No Agreement; Negotiation; Termination

5.2 Applicant Responsible for All Costs

5.3 Reservation of Rights

5.4 Treatment of Non-Responsive and Responsive Applications

5.5 Oregon Public Records Law

5.6 Other Rights; No Liability


5.7 No Representations

5.8 Choice of Law; Venue; No Waiver

5.9 Apparent Successful Applicant Submission Requirements

ATTACHMENTS:

Attachment 1 – Cover Sheet

Attachment 2 – Sample Grant Agreement (includes the following Exhibits)

Exhibit A- 2017 Disbursement Request Form

Exhibit B- New Insurance Template

[The balance of this page is intentionally left blank.]


1.0 INTRODUCTION

The State of Oregon, acting by and through its Housing and Community Services Department

(“OHCS”), is issuing a Request for Applications (“RFA”) from qualified organizations with a

successful track record of providing training and/or technical assistance programs, materials,

conferences, seminars, and other activities that increase an organizations skills and abilities to

develop, preserve, and operate affordable rental housing for low- and very low-income

Oregonians.

Funding for such awards will come from available assets of the General Housing Account

Program (“GHAP”). GHAP funds derive from the document recording fee for deed and

mortgage records established under House Bill 2436 (2013).

The capacity building effort to be funded under this RFA will hereinafter be referred to as the

Capacity Building Training Program (“CBTP”). All organizations submitting proposals

(“Applications”) in response to this RFA are referred to herein as applicants (“Applicants”). The

successful Applicant will receive a CBTP funding award from OHCS and, upon execution of a

financial assistance agreement (“Grant Agreement”) satisfactory to OHCS will be designated as

(the “Grantee”), contractually-eligible to receive and administer its awarded, i.e., (“Reserved”)

CBTP funds (“Grant”) as provided in such Grant Agreement.

1.1 Background

OHCS is Oregon’s state housing finance agency, providing, inter alia, financial and program

support to create and preserve opportunities for quality, affordable rental housing for Oregonians

of low and very low income, as well as providing financial and program support for affordable

homeownership opportunities for Oregonians of low and moderate income.

If Reserved, a single Grant Reservation will result from this RFA, as solely determined by

OHCS and based on OHCS’ review and acceptance of an Application as well as subject to a

budget satisfactory to OHCS, in its sole discretion, that may be negotiated with Grantee. A

maximum Grant Reservation of up to fifty thousand dollars ($50,000) per year for a period of up

to five (5) years may result from this RFA, with the potential for extensions of the Grant

Agreement term, in annual or lesser increments, at the sole discretion of OHCS, for up to an

aggregate of five additional years. If there are extensions, additional Grant funding is available as

allowed by OHCS, but not in excess of total Grant funding of $500,000. There is no guarantee of

any funding Reservation or of any specific Grant amount.

1.2 Purpose and Objectives

The purpose of this RFA is to fund appropriate training and technical assistance to affordable

rental housing providers (“Providers”) that compete for OHCS resources, with the objective of

developing enduring affordable housing expertise and related assets that increase the Providers’

skill and ability to compete for resources and to develop, preserve, and operate safe, sanitary, and

affordable housing for low- and very low-income Oregonians.

1.3 Capacity Training and Facilitation


a) Provide training and technical assistance, including through industry forums, to Providers

throughout Oregon. Aspects of such training must include, but necessarily be limited to:

A. Resident services;

B. Property and asset management;

C. Fiscal management;

D. Technical training; and

E. Peer learning activities.

b) Facilitate an affordable housing network for training by providing a forum to exchange

ideas, build knowledge, receive technical assistance and promote best practices.

c) Provide training conferences at least twice annually in cooperation with OHCS where

OHCS also, would have an appropriate opportunity to provide timely updates as to

OHCS programs and technical assistance around such programs.

d) Coordinate with industry professional’s, including having a process for input from such

professionals, and participate in available industry forums.

e) Provide web-based trainings (particularly to reach rural areas)

f) Facilitate industry communication with the following as well as other means:

A. Web content;

B. Email communications; and

C. Technology support to connect rural affordable housing groups.

1.4 Funding Guidelines

CBTP funds will be provided to one successful Applicant in the form of a conditional Grant upon

execution of a Grant Agreement satisfactory to OHCS and pursuant to the terms and conditions of the

Grant Agreement. Applicant must justify and explain the amount of Grant funds requested each quarter

in the form of disbursement requests. The maximum initial Grant amount is fifty-thousand dollars

($50,000) per year for up to five (5) years. There will be options for annual extensions up to an additional

five (5) years. Whether or not to allow any extension will be at the sole discretion of OHCS. With

extensions, the total maximum Grant amount may reach a maximum of five-hundred thousand dollars ($-

500,000). Disbursement requests must be filed each quarter even if there are no funds requested in a

particular quarter.

OHCS reserves the right to limit Grant funding to amounts less than the maximum annual, initial total, or

extended Grant amounts. OHCS further reserves the right to modify or recoup Grant amounts in line with

Grantee performance or otherwise to accommodate OHCS legal, financial, or Program needs.

1.5 Reporting Requirements

In addition to submitting quarterly disbursement requests satisfactory to OHCS, Grantee will submit

quarterly performance reports detailing, inter alia, the use of Grant funds. Such quarterly reports must be

timely delivered and satisfactory in nature and detail to OHCS. OHCS may require clarification and

additional information with respect to such reports or Grant performance generally, which Grantee will

timely provide to OHCS in nature and detail satisfactory to OHCS. Quarterly reports must, at a

minimum, account for the use of Grant funds, describe the Providers impacted, and the nature of such

impact. Furthermore, the reports will identify industry events conducted or impacted by Grantee,

including the the nature of such events, the number and nature of event attendees, and the nature of the

Grantee’s involvement..

OHCS may require additional reporting or documentation as it determines to be appropriate.


2.0 APPLICATION SUBMISSION PROCEDURES AND QUALIFICATIONS

2.1 Application Submission

Applications must be submitted no later than:

DUE DATE:

February 27, 2017 by 2:00 PM PST

To:

DELIVERY ADDRESS:

Oregon Housing and Community Services

Attn: Winona Butler

725 Summer Street NE, Suite B

Salem, OR 97301

Email: [email protected]

Applications must be received and date and time stamped by the OHCS receptionist, no later than the

Application closing date and time. Applications must be delivered in a sealed envelope, which clearly

identifies the RFA name, the RFA number #4441 the Applicant name and address, the name of the

contact person for the Applicant, and the Application closing time and date. Mis-deliveries and late

submittals will not be accepted or considered. Post-marked dated Applications (including express

delivery) will not be considered unless actually received by the OHCS by the Application Closing Date

and Time specified herein. The required electronic version of the Application also must be delivered by

the Closing Date and Time as hereinafter specified.

One (1) original, signed Application (by an authorized signer) and two (2) complete copies of the

Application, including the documents required in Section 2.2, must be delivered to OHCS as described in

the preceding paragraph. A qualifying submission must include a total of three (3) complete sets of the

Applications, as described in the preceding sentence, all to be included in the sealed envelope described in

the preceding paragraph. Additionally, one (1) electronic (a PDF) version of the Application (also

including the documents required in Section 2.2) must be sent to: [email protected] no later

than the RFA closing date and time referenced on the first page. Please note, the electronic copy must be

an exact duplicate of the original Application, as must the hard copy. The Application must not exceed

ten (10) double-sided pages or ten sheets of paper with narrative on both sides; 12 pt font; and 1” margins,

excluding Cover Sheet and Work Plan. Faxed, late, or incomplete Applications will not be accepted or

reviewed. All Applications (as well as the included documentation) become the property of OHCS and

will not be returned.

2.1.1 Oregon Public Records Law

All Applications are public record and are subject to public inspection after OHCS issues its notice of

Reservations. If an Applicant believes that any portion of its Application contains any information that is

a trade secret under ORS Chapter 192.501(2) or otherwise is exempt from disclosure under the Oregon

Public Records Law (ORS 192.410 through 192.505), the Applicant must provide a notarized affidavit to

that effect and a version of its Application in addition to its regular submissions with the alleged trade

secrets fully redacted.

mailto:[email protected]


Applicants are cautioned that cost information generally is not considered a trade secret under Oregon

Public Records Law (ORS 192.410 through 192.505) and identifying the Application, in whole, as

exempt from disclosure is not acceptable. OHCS advises each Applicant to consult with its own legal

counsel regarding disclosure issues.

If an Applicant fails to identify the portions of the Application that the Applicant claims are exempt from

disclosure, the Applicant has waived any future claim of non-disclosure of that information. By

submitting its Application, an Applicant expressly waives any proprietary or other interest in such

Application, including all copies, except as provided by affidavit and redaction in accordance with this

section.

2.1.2 Costs and Fees

All costs associated with an Applicant’s submission of its Application and compliance with the terms of

this RFA, including the recording of any documents, are the sole responsibility of the Applicant and shall

not be borne by OHCS or the State of Oregon. All Applicants must timely pay any fee or charge required

by OHCS.

2.1.3 Errors and Omissions

OHCS is not responsible for any error or omission relating to the downloading of the RFA or other issue

by an Applicant in completing an Application. The official RFA solicitation document is the one held at

OHCS.

2.2 Application Completeness

Applicants are encouraged to use this section listing minimum requirements for completeness as a

checklist to ensure that their Application is complete:

[ ] Application Cover Sheet: (Not counted in the page limitation)

The Application must include a completed, signed Application Cover Sheet (refer to Attachment 1).

[ ] Application: not to exceed ten (10) double-sided pages, 12 pt font, excluding Cover Sheet and Work

Plan.

[ ] Submit one (1) original signed Application and two (2) copies, for a total of three (3) and one (1)

electronic copy sent to: [email protected]. See Section 2.1 Application Submission

2.3 Eligible Applicants, i.e., Qualified Organizations

a. Applicant must show ability and competency to provide deliverables by demonstrating

prior experience in providing teaching, training, technical assistance, and holding

seminars.

b. Pursuant to ORS 458.610(5)), only the following organizations are eligible to

receive CBTP Grant funding and, therefore, be Applicants:

i. Nonprofit corporations established under ORS chapter 65, established

and licensed to do business in Oregon;

mailto:[email protected]


2.4 Capacity to Comply with Program Requirements

Applicants must have, and must be able to demonstrate to OHCS’ satisfaction, the capacity to administer

the Grant, to comply with all Program requirements (including, but not limited to the terms and

conditions of this RFA, terms and conditions of applicable OHCS administrative rules, manuals, and

directives (orders), and the terms and conditions of other applicable federal, state, and local laws,

ordinances, regulations, and orders (all of the foregoing, including as amended from time to time,

collectively, the “Program Requirements”).

2.5 Responsive Applications

Applications must be deemed “responsive” to the RFA to be considered by OHCS for scoring and for the

potential Reservation of Grant funding. To be responsive, an Application must, at a minimum, be

submitted properly in accordance with Section 2.1, be complete in accordance with Section 2.2, and come

from an Eligible Applicant in accordance with Section 2.3. Applicant also must appropriately respond to

any inquiries from OHCS, including requested clarifications and supplementations.

2.6 RFA Inquiries, Responses, and Protests

2.6.1 Inquiries to RFA

All inquiries relating to the RFA, including but not limited to process, administration, deadlines, scoring,

or Reservations, must be directed to the individual listed above in Section 2.1. All such inquiries must

be submitted in writing by e-mail to [email protected].

2.6.2 Responses; Addenda

Responses to RFA inquiries or other clarifications of the RFA as OHCS determines to be appropriate will

be issued by OHCS by email to Applicants or by posting responses to the OHCS website. If responses

include revisions or supplementations of the RFA, such revisions or supplementations will be

accomplished by written addenda (“Addenda”) to the RFA, posted to the OHCS website.

2.6.3 Protests to RFA

Applicants and other prospective proposers (collectively, “Applicants”) may submit a written protest of

anything contained in this RFA, including but not limited to, the RFA process and the proposed Grant

Agreement within ten (10) days of the issuance of this RFA. This is Applicant’s only opportunity to

protest the provisions of the RFP, except for protests of Addenda, Reservations, or the terms and

conditions of the negotiated Grant Agreement (as changed from the proposed form provided below).

Failure to timely file a qualifying written protest constitutes a failure to exhaust administrative remedies.

2.6.4 Protests to Addenda; Reservations; and Grant Agreement Changes

Applicant may submit a written protest of anything contained in any Addendum, to a Reservation or

failure to receive a Reservation, or to changes required by OHCS in the negotiated Grant Agreement.

Protests to Addenda, to Reservations (including failure to receive a Reservation), or to changes in the

Grant Agreement must be submitted as follows:, for Addenda - by the date/time specified in the

Addendum; for Reservations (including the non-receipt of a Reservation) - within ten (10) days of OHCS’

posting of notice of its Grant Reservations to the OHCS website; for Grant Agreement changes – within

ten (10) days of OHCS’ notice of its final negotiated terms. Failure to timely file a qualifying written

protest constitutes a failure to exhaust administrative remedies.


2.6.5 Protests Must:

• Be delivered to OHCS via hard copy and accompanying email, in the same manner as delivery of

an Application, except that only one (1) original of the protest must be timely delivered to the

OHCS main office receptionist;

• Reference the RFA number, name, and OHCS contact person;

• Identify the Applicant’s name and contact information;

• Be sent by an authorized representative of Applicant;

• State the reason(s) for the protest, including:

the grounds that demonstrate how the RFA is contrary to law, unnecessarily restrictive,

legally flawed, or improperly specifies a brand name; and

documentation or other evidence that supports the grounds on which the protest is based;

• State the proposed changes to the RFA, Addenda, Reservation, or Grant Agreement provisions or

other relief sought;

• Protests must be received by the applicable due date and time identified above

2.6.6 Protest Responses

OHCS will endeavor to respond as quickly as is reasonably feasible to all protests submitted. Protests

that are not received timely or do not include the required information may not be considered.

3.0 SELECTION, RESERVATION, AND REPORTING

3.1 Proposal Rejection

OHCS may reject an Application for any of the following reasons:

Applicant fails to substantially comply with all prescribed RFA procedures and requirements,

including but not limited to the requirement that Applicants’s authorized representative sign the

Application in ink.

Applicant fails to meet the responsibility requirements of ORS 279B.110.

Applicant makes any contact regarding this RFA with State representatives such as State

employees or officials other than the OHCS contact person designated for this RFA or those the

contact person authorizes.

Applicant attempts to inappropriately influence a member of the Evaluation Review Team.

OHCS determines that the Application is not responsive within the meaning of this RFA.

OHCS determines that Applicant, its officers, agents, employees, or other principal participants:

(a) have been determined, or are alleged in a current legal proceeding, to have committed fraud,

misrepresentation, theft, or other acts of moral turpitude or mishandling of moneys; (b) have

materially failed to comply with OHCS or other State programs; or (c) have been debarred or

otherwise sanctioned by any federal, state, or local agency or are currently under investigation or

applicable procedure that might lead to disbarment or sanction by any federal, state, or local

agency.

The Application is conditioned on OHCS’ acceptance of any other terms and conditions or rights

to negotiate any alternative terms and conditions that are not reasonably related to those expressly

authorized for negotiation in the RFA or Addenda.

3.2 Opening of Applications


There will be no public Opening of Applications. Applications received will not be available for

inspection until after the contract execution has been completed and a Public Records Request is

submitted.

3.3 Evaluation; Reservation; Negotiation

3.3.1 Maximum and Minimum Point Standards

If an Application is determined by OHCS to be responsive to RFA minimum requirements and that it

otherwise qualifies for scoring, OHCS will evaluate and score the responsive Application. A total of 50

maximum points is possible. The minimum score for an Application that will potentially qualify for a

Reservation of Grant funding is 35 points.

3.3.2 Clarifications; Supplementations

If an Application is unclear in any way, the Applicant may be asked by OHCS to provide written

clarification of or supplementation to its Application. If OHCS requests such clarification or

supplementation, the Applicant will have three (3) business days and due by 5pm on the 3rd

business day

to respond to such request unless otherwise indicated in writing by OHCS. Delivery of any such response

must be in the same manner as the delivery of inquiries described in Section 2.3.1 above unless otherwise

directed in writing by OHCS.

3.3.3 Scoring Criteria

Each question must be answered or no score will be given to the Applicant for that question. Each answer

must immediately follow the question to which it applies in order to receive a score. When answering a

question, the full answer must be provided immediately below the question. Do not reference another

document or the answer to another question in lieu of fully answering a particular question. Points will be

awarded by OHCS based upon its judgment as to the degree to which Applicants clearly and completely

demonstrate their ability with respect to the following categories:

5 Points – Narrative

15 Points – Program Objectives

15 Points – Prior Experience

10 Points – Readiness to Proceed

5 Points – Budget

3.3.4 Review Process; Preference Points; Ranking of Applications

Responsive Applications will be scored by an OHCS Evaluation Review Team. The final selection of the

Application for which a Reservation will be issued, if any, will be based upon the ranking of scores given

by OHCS to responsive Applications. Application scores awarded by OHCS will be based on the scoring

recommendations from the review team as approved (including as possibly modified) by the Director.

OHCS will endeavor to limit this selection process to 30 days.

All Applicants will be notified in writing of the results.

4.0 SCORED QUESTIONS

Respond to each set of questions in the box directly below the questions, if a question is left blank no

score will be given. Irrelevant information will not enhance scoring and may reduce scoring. In your


answers, do not instruct your reader to refer to another document or answer in order to obtain your

answer. Each question must be followed by a self-sufficient answer.

4.1 Narrative (5 Points)

Provide an overview of your organizations plan for CBTP grant funding. Address 4.2 through 4.5 in a

general overview of your plan over 5 years.

4.2 Program Objectives (15 Points)

Describe in detail your proposed strategy for achieving overall CBTP objectives, i.e., 5-year budget plan,

hosting conferences, seminars and trainings related to affordable rental housing, providing web content

related to CBTP objectives, facilitating a communications network for housing organizations, and

providing virtual electronic support to facilitate CBTP objectives in the rural areas of Oregon.

4.3 Prior Experience (15 Points)

What experience does the Applicant have with hosting conferences, seminars, affordable rental housing

related trainings, hosting affordable rental housing related web content, and facilitating an affordable

rental housing related communications network? Describe both present and past strategies. Describe

approaches employed to ensure successful outreach. Describe previous efforts, successes, and lessons

learned. Describe any relationships you have with other housing related organizations.

4.4 Readiness to Proceed (10 Points)

Applicant must demonstrate it is ready to administer Grant funding immediately or within a reasonable

period of time. Describe current resources and organizational structure to act on its proposed strategy of

addressing CBTP objectives, including location, staffing, materials, and guidelines. Explain when and

how Applicant’s strategy will begin? Provide an estimated timeline when you will begin using Grant

funds.

4.5 Budget Attached (5 Points)

Provide budget and budget narrative. What are the expenses, purchases, income (if applicable), and

financing associated with delivering the proposed CBTP?

5.0 GENERAL TERMS.

5.1 Submission – No Agreement; Negotiation; Termination

Submission of an Application does not constitute an agreement between OHCS and Applicant, nor does it

secure or imply that Applicant will be selected for a Reservation. After selection by Reservation of

successful Applicants, OHCS may negotiate the Work Plan aspect of the Sample Grant Agreement

(Attachment 2). All other aspects of the Sample Grant Agreement are not subject to negotiation unless

allowed or required by OHCS in writing at its sole discretion. In the event that the parties have not

reached mutually agreeable terms within 30 calendar days, OHCS may terminate further negotiations.

OHCS may require the execution by Grantee of other documents satisfactory to OHCS.

5.2 Applicant Responsible for All Costs


All costs associated with Applicant’s submission of an Application or other compliance with the RFA,

including recording of documents as necessary, are the sole responsibility of the Applicant and shall not

be borne by the State of Oregon or OHCS.

5.3 Reservation of Rights

OHCS reserves all rights including, but not limited to the right to reject any or all Application’s; to

respond to the Applications deemed best for approval; to amend this RFA prior to the closing date; to

terminate this RFA at any time, to reject any or all Applications; to assess the Applicant's capacity to

perform; to require additional information as a condition of funding; to determine whether an Application

does or does not substantially comply with the requirements of this RFA, and to waive minor informalties

as it so determines in its sole discretion. OHCS reserves the right to make additional awards to then

current contract holders (Grantees) based on OHCS needs or purposes.

5.4 Treatment of Non-Responsive and Responsive Applications

Those Applications that are incomplete or do not meet all requirements of the RFA preliminary to scoring

will be deemed by OHCS to be "non-responsive" and will be rejected. Applications considered

complete, or "responsive," will be evaluated to determine if they comply with the administrative,

contractual, and technical requirements of the RFA, which also may result in rejection. If the Application

is unclear, the Applicant may be asked to provide written clarification to assist OHCS in determining the

issue of the Application’s responsiveness.

5.5 Oregon Public Records Law

This RFA and one copy of each original response received, together with copies of all documents

pertaining to the award of a Grant, shall be kept by OHCS and made a part of a file or records,

which shall be open to public inspection. To preserve any exemption from disclosure under the

Public Records Law as a trade secret, relevant aspects of the Application must be so designated by

conforming affidavit and redaction in accordance with this RFA. Such designation does not

guarantee exemption from disclosure.

The Oregon Public Records Law exempts from disclosure only bona fide trade secrets, and the exemption

from disclosure applies only “unless the public interest requires disclosure in the particular instance” ORS

192.501 (2). Therefore, non-disclosure of documents or any portion of a document submitted as part of a

proposal may depend upon official or judicial determination made pursuant to the Public Records Law.

If an Application contains any information that may be considered exempt from disclosure under the

various grounds specified in Oregon Public Records Law, ORS 192.430 through 192.505, Applicants

must clearly designate any portion of its Application as exempt, along with a citation to the authority

relied upon. Application of the Oregon Public Records Law shall determine whether any information is

actually exempt from disclosure. Identifying an Application in whole as exempt from disclosure is not

acceptable. Failure to identify a portion of the Application as exempt from disclosure, and the authority

used, may be deemed by OHCS as a waiver of any future claim of non-disclosure of that information.

5.6 Other Rights; No Liability

OHCS expressly reserves all other rights, including but not limited to the right to reject any or all

Applications in-whole or in-part, or to cancel this RFA at any time when it determines, in its sole

discretion, that such rejection or cancellation is in the best interest of the State or OHCS. Neither the

State nor OHCS is liable to any Applicant or other potential proposer for any loss or expense caused by or


resulting from the delay, suspension, or cancellation of the RFA, any Reservation, or rejection of any

Application.

5.7 No Representations

Any checklists that may be contained in this RFA are provided only as a courtesy to Applicants. OHCS

makes no representation as to the completeness or accuracy of any checklist. Applicants and prospective

proposers are solely responsible for reviewing and understanding the RFA and complying with all the

requirements of this RFA, whether listed in a checklist or not. Neither the State nor OHCS is liable for

any claims, or subject to any defenses, asserted by Applicants, including prospective proposers, based

upon, resulting from, or related to, their failure to comprehend all requirements of this RFA.

5.8 Choice of Law; Venue; No Waiver

This RFA is governed by the laws of the State of Oregon. Venue for any administrative or judicial action

relating to this RFA, including but not limited to its interpretation, procedural requirements, evaluation of

Applications, Reservations of funding, or negotiation and execution of Grant Agreements, is the Circuit

Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a

federal forum, then it must be brought and conducted solely and exclusively within the United States

District Court for the District of Oregon.

In no event will this provision be construed as a waiver by OHCS or the State of Oregon of any form of

defense or immunity, whether it is 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. OHCS and the State of Oregon expressly reserve all sovereignty rights.

5.9 Apparent Successful Applicant Submission Requirements

Prior to execution of the Grant Agreement or other required financial assistance documents, each

recipient of a Grant Reservation, if required by OHC, shall:

Insurance - secure and demonstrate to OHCS proof of insurance coverage meeting the

requirements identified in the RFA or as otherwise required by OHCS. Failure to provide such

information may result in OHCS terminating negotiations and redeploying subject Grant funds.

Taxpayer Identification Number - provide its Taxpayer Identification Number (TIN) and

backup withholding status on a completed W-9 form. Failure to provide such information may

result in OHCS terminating negotiations and redeploying subject Grant funds.

[The balance of this page is intentionally left blank.]


Attachment 1

APPLICANT INFORMATION

COVER PAGE

1. ORGANIZATION

Name of Organization:

Type of Organization (please attach proof):

[ ] Non Profit Corporation [ ] Housing Authority [ ] Local Government

Address:

City & State: Zip Code:

Application Contact Name:

Title:

Telephone #: Fax:

Address:

Email:

Person Authorized to Submit Application and Sign Award Documents

Signature:_______________________________________________________________________________

Name and Title (please print clearly): ________________________________________________________

Telephone # __________________________________ Fax # ________________________________

E-Mail:_________________________________________________________________________________

2. PROGRAM INFORMATION

Name of Program:

Street Address (if different from applicant organization’s

address):

City:

County: Zip Code:

Type of Program:

Projected Number of Housing Units for Home Ownership for proposed application:

Target Household Income Level: % of area median income.

Target Population(s):

Amount of Grant Requested: $


Attachment 2

STATE OF OREGON

OREGON HOUSING AND COMMUNITY SERVICES

CAPACITY BUILDING TRAINING PROGRAM

GRANT AGREEMENT #

Introduction

This Capacity Building Training Program Grant Agreement (“Agreement”) is entered into by

and between the State of Oregon, acting by and through its Housing and Community Services

Department, together with its successors and assigns ("OHCS") and [See SOS Business Registry for

Grantee’s Name~], [type of entity~] ("Grantee").

Recitals

A. Grantee has completed and submitted to OHCS an application (the “Application”) for a reservation

of General Housing Account Program(“GHAP”) funds to be used in providing training and other

technical assistance to providers (“Providers”) of affordable multifamily residential rental housing

developments to low- and very-low income Oregonians consistent with OHCS’ Capacity Building

Training Program (“CBTP”) and as further provided herein.

B. In response to the Application by Grantee, OHCS has conditionally reserved a GHAP grant to

Grantee in an amount up to a maximum of Two Hundred Fifty Thousand Dollars ($250,000) (the

“Grant”) for the purpose described in Recital A and further elaborated in this Agreement.

C. The Grant conditionally reserved to Grantee as described above is subject, inter alia, to the terms and

conditions of this Agreement, including the terms and conditions of the Application as modified by

OHCS’ conditional reservation letter dated [Reservation Date~] (the “Reservation”).

Agreement

NOW THEREFORE, for good and sufficient consideration, including the terms and conditions

herein, it is agreed by and between the parties hereto as follows:

1. Incorporations

The foregoing Recitals and described documents are incorporated herein by reference. Notwithstanding

the foregoing incorporation, such Recitals and documents, including subsequently incorporated

documents, do not modify the express terms of this Agreement.

2. Term of Agreement

Unless terminated or extended, this Agreement covers the period of

_______________________________________. This Agreement shall become effective on the date this

Agreement has been signed by every party and, when required, approved by the Oregon State Department

of Justice. The expiration of the term of this Agreement, including if this Agreement is terminated prior

to the end of the above-described term, shall not terminate remedies available to OHCS or to Grantee


hereunder. This Agreement may be extended in on one or more one-year or less increments for

up to five additional years with the written approval of both parties. Any approval of an

extension of this Agreement by OHCS is at its sole discretion.

3. Scope of Activities

The work to be performed by Grantee under this Agreement (“Work”) is described in Exhibit A, which

is attached hereto and incorporated herein by reference. Grantee shall perform the Work described in the

Scope of Work in accordance with the terms and conditions of this Agreement. Any requests or changes

to Grant fund use or the Work must be approved in writing by OHCS, which approval OHCS may give or

withhold at its sole discretion.

4. Consideration; Reporting

a. Authority; Amount. Subject to the availability of GHAP funds, OHCS having continued

funding, appropriation, limitation, allotment, or other expenditure authority sufficient to allow it, in the

exercise of its reasonable administrative discretion, to meet its obligations under this Agreement, and

conditioned upon the terms and conditions of this Agreement, OHCS will make the Grant to Grantee up

to the intial maximum principal amount of Two Hundred Fifty Thousand Dollars ($250,000) and

perform under this Agreement. This maximum up-to amount may be augmented by up to an additional

Two Hundred Fifty Thousand Dollars ($250,000) subject to the terms and conditions of this

Agreement, including OHCS having continued funding, appropriation, limitation, allotment, or other

expenditure authority sufficient to allow it, in the exercise of its reasonable administrative discretion, to

meet its obligations under an extended Agreement.

b. Limitations. Nothing in this Agreement 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 OHCS.

c. Distributions; Program Delivery Fee. Distributions will be made in in accordance with Section

6 unless otherwise agreed to by OHCS. Grantee may charge a program delivery fee of up to 8% of the

Grant amount to pay for all allowable program delivery expenses.

d. One hundred percent (100%) of disbursed Grant funds must be used for the Work as determined

to be satisfactory by OHCS. Subject to OHCS review and approval, the use of Grant funds may include

payment for appropriate administrative expenses consistent with this Agreement if and to the degree

included in the Application as approved in the Reservation.

e. Upon expiration or termination of this Agreement, Grantee shall return all unexpended Grant

fund monies to OHCS within 30 days.

f. Quarterly Reports

Grantee shall complete and submit quarterly a detailed Quarterly Report to OHCS within 30 days after the calendar quarter ends. Quarterly reports must, at a minimum, account for the use of Grant funds, describe the Providers impacted, the nature of such impact. Furthermore, the reports must describe industry events conducted or impacted by Grantee, including the the nature of such events, the number and nature of event attendees, and the nature of the Grantee’s involvement.

Each report is due by the 3rd

of each month following quarter regardless if the 3rd

is on the weekend. If the report is not received by this date and complete to OHCS’ satisfaction, the report may be considered


late and/or deficient. The calendar quarters end March 31, June 30, September 30, and December 31. Each Quarterly Report must be complete and satisfactory to OHCS to justify Disbursement Requests.

g. Other Information

Grantee shall provide such additional information and documents to OHCS as OHCS may from time to time require.

5. Information Security; Coordination

(1) Secure email mustl be used to transmit data collection template and any other documents that contain PII. OHCS staff will send 1 email with the information and instructions and then send another secure email for the data collection and all PII information to be returned.

(2) OHCS Program staff will endeavor to send out a courtesy reminder when reports are due along with all the required documents to complete.

(3) Questions/Program Coordination::

A) Please submit email questions to two (2) OHCS program staff members

B) OHCS will endeavor to answer emails and / or voicemails within 24 hours.

6. Requests for Funds

Grantee shall request Grant funds on a quarterly basis (including in quarters when no fund use is

intended) in such form and manner as is satisfactory to or required by OHCS. All quarterly reports and

all other requested information must be submitted timely to OHCS’ satisfaction , before invoices for

reimbursement will be processed. Agency will consider appropriate business needs as to any advancement

of funds.

7. Remedies Related to Requests for Funds

a. Withholding of Grant Funds from Request

OHCS may withhold any and all requested funds from Grantee under this Agreement if OHCS, in its sole

discretion, determines that Grantee has failed to timely satisfy any material obligation arising under this

Agreement or otherwise. Grantee obligations include, but are not limited to providing complete, accurate

and timely reports satisfactory to OHCS about its performance under this Agreement as well as timely

satisfying all Agreement obligations, including federal requirements relating to any awarded grant funds.

OHCS also may withhold any and all requested funds from Grantee if OHCS, in its sole discretion,

determines that the rate of requests for funds in any expenditure category is substantially different from

approved budget submissions.

b. Redistribution or Retention of Funds

If Grant funds are not obligated for reimbursement by Grantee in a timely manner as determined by

OHCS at its sole discretion, OHCS may at its sole discretion, reduce Grantee funding and redistribute

such funds to other Grantees or retain such Grant funds for other OHCS use. OHCS may implement


adjustments pursuant to this subsection by modifying the applicable. This remedy is in addition to any

other remedies available to OHCS under this Agreement or otherwise.

8. Termination

a. OHCS may immediately terminate this Agreement in whole or in part upon written notice to

the Grantee for cause related to any material misrepresentation, malfeasance, gross negligence,

abandonment of performance or loss of authority to perform any of its obligations hereunder by Grantee,

whether directly by Grantee or through one or more of its sub-recipients, agents, subcontractors,

successors or assigns, as determined by OHCS in its sole discretion.

b. OHCS may, upon 30 days written notice, terminate this Agreement in whole or in part for

cause including, but not limited to the events described above in subsection 8.a. Cause may include any

event, including an event of default, as determined by OHCS in its sole discretion that renders

inappropriate the continuation of this Agreement. An event of default constitutes an act or omission by

Grantee. Grantee, its sub-recipients, agents, representatives, contractors, or assigns by which Grantee, as

determined by OHCS at its sole discretion, fails to timely and appropriately perform one or more material

obligations, or otherwise breaches a duty, owed to OHCS under this Agreement. Such events and events

of default may include, but are not limited to an occurrence of any of the following:

1) Grantee fails to fulfill timely any of its obligations under this Agreement; 2) Grantee fails to comply timely with directives received from OHCS or from an agency

that is the original source of the Grant funds; 3) Funds provided under this Agreement are used improperly or illegally by Grantee or any

of its sub-recipients;

4) Funding for grant programs are denied, suspended, reduced or eliminated;

5) Federal or state laws, regulations or guidelines are modified or interpreted in such a way

that OHCS is prohibited from paying for or lacks authority to pay for any Services performed

under this Agreement or to pay for any such performance from the planned funding source(s); 6) Funding, appropriations, limitations or expenditure authorization to expend funds is

denied, suspended, reduced or eliminated;

7) Any certification, license or certificate required by law to be held by Grantee or others to

provide the services required by this Agreement is for any reason denied, revoked, suspended,

limited or not renewed;

8) Grantee (a) applies for or consents to the appointment of, or the taking of possession by, a

receiver, custodian, trustee or liquidator of itself or its property, (b) admits in writing its inability,

or is generally unable, to pay its debts as they become due, (c) makes a general assignment for the

benefit of its creditors, (d) commences a voluntary case under the federal Bankruptcy Code (as

now or hereafter in effect), (e) is adjudicated as bankrupt or insolvent, or (f) fails to controvert in

a timely or appropriate manner, or agrees in writing to, an involuntary petition for bankruptcy; 9) Grantee is suspended, debarred, proposed for debarment, declared ineligible or

voluntarily excluded from participating in agreements or contracts with any federal department or

agency. c. Grantee may, upon 30 days written notice, terminate this Agreement in whole or in part, if;


1) OHCS unreasonably fails to provide timely funding hereunder and does not correct such

failure within the 30-day notice period.

2) OHCS provides one or more material directives which are contrary to federal or state

laws, rules, regulations, guidelines, or original funding source requirements and does not correct

such directives within the 30-day notice period.

d. Either party may terminate this Agreement in whole or in part immediately upon written notice

to the other party if Oregon statutes or federal laws, regulations or guidelines are modified, changed or

interpreted by the Oregon Legislative Assembly, the federal government or a competent court (in a final

determination) in such a way that one or both parties no longer has the authority to meet its obligations

under this Agreement.

e. Upon issuance of any notice to terminate this Agreement and prior to the effective date of the

termination, OHCS may, in its sole and absolute discretion, require that Grantee obtain prior OHCS

approval from it for any additional expenditures that would obligate OHCS to reimburse it from

Agreement grant funds or otherwise.

f. Notwithstanding the above, or any termination thereunder, neither Grantee nor OHCS shall be

relieved of its liability to the other party for damages sustained by virtue of its breach of this Agreement.

OHCS may withhold any reimbursement to Grantee in the amount of compensation for damages due

OHCS from Grantee (as estimated by OHCS in its sole discretion) until such time as the exact amount of

damages has been agreed upon or otherwise finally determined.

g. In the event of termination of this Agreement by either party, all unexpended money, property,

finished or unfinished documents, data, financial reports, audit reports, program reports, studies and

reports purchased or prepared by Grantee under this Agreement shall be delivered to OHCS within sixty

(30) days of the date of termination or upon such date as requested by OHCS.

h. Termination of this Agreement shall not impair or invalidate any remedy available to OHCS or

to Grantee hereunder, at law, or otherwise.

9. Agreement Documents in Order of Precedence –

This Agreement consists of the following documents, which are listed in descending order of precedence:

Exhibit A- 2017 Disbursement Request Form

Exhibit B- Insurance Requirements

10. Choice of Law; Designation of Forum; Federal Forum.

a. 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.

b. 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.


c. Notwithstanding Section 10b, 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 defense or immunity, including but not limited to sovereign immunity, governmental immunity, or

immunity based on the Eleventh Amendment to the Constitution of the United States.

11. Distribution of Funds Properly Supported

a. Grantee shall document in a manner satisfactory to OHCS all expenditures made with grant funds

received under this Agreement. Expenditure documentation shall be supported either invoices, contracts,

vouchers, orders, canceled checks and/or by any other appropriate accounting documents pertaining in

whole or in part to the Agreement in accordance with generally accepted accounting principles (GAAP),

Oregon Administrative Rules and applicable requirements as specified herein.

b. OHCS reserves the right to and may request full itemization, receipts, and any other information

at any time. OHCS also may request financial records in order to review costs associated with Grantee’s

provision of services and other performance under this Agreement, at its discretion.

12. Compliance with Applicable Law

Grantee shall comply with Oregon Revised Statute 458.600-458.655, Oregon Administrative Rule chapter

813, divisions, 5, 6, and 44, and all federal, state and local laws, regulations, executive orders and

ordinances applicable to this Agreement. Without limiting the generality of the foregoing, Grantee

expressly agrees to comply with the following laws, regulations and executive orders to the extent they

are applicable to the Agreement: (i) Titles VI and VII of the Civil Rights Act of 1964, as amended; (ii)

Sections 503 and 504 of the Rehabilitation Act of 1973, as amended; (iii) the Americans with Disabilities

Act of 1990, as amended; (iv) Executive Order 11246, as amended; (v) the Health Insurance Portability

and Accountability Act of 1996; (vi) the Age Discrimination in Employment Act of 1967, as amended,

and the Age Discrimination Act of 1975, as amended; (vii) the Vietnam Era Veterans’ Readjustment

Assistance Act of 1974, as amended; (viii) ORS Chapter 659, as amended; (ix) all regulations and

administrative rules established pursuant to the foregoing laws; and (x) all other applicable requirements

of federal and state civil rights and rehabilitation statutes, rules and regulations. These laws, regulations

and executive orders are incorporated by reference herein to the extent that they are applicable to the

Agreement and required by law to be so incorporated. OHCS’ performance under the Agreement is

conditioned upon Grantee's compliance with the provisions of ORS 279B.220, 279B.225, 279B.230,

279B.235, and 279B.270, which are incorporated by reference herein. Grantee shall, to the maximum

extent economically feasible in the performance of this Agreement, use recycled paper (as defined in ORS

279A.010(ee)), recycled PETE products (as defined in ORS 279A.010(ff)), and other recycled products (as

“recycled product” is defined in ORS 279A.010(gg)).

13. No Third-Party Beneficiaries

OHCS and Grantee are the only parties to this Agreement and are the only parties entitled to enforce its

terms. 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.


14. Notices

Except as otherwise expressly provided in this Agreement, any communications between the parties or

notices to be given shall be given in writing by personal delivery, facsimile, or mailing the same, postage

prepaid, to Grantee or OHCS at the address or number set forth in this Agreement, or to such other

addresses or numbers as either party may indicate pursuant to this Section; provided however that any

notice of termination shall be given by certified or registered mail, return receipt requested. Any

communication or notice so addressed and mailed shall be deemed to be given 5 days after mailing. Any

communication or notice delivered by facsimile or email shall be deemed to be given when receipt of the

transmission is generated by the transmitting machine. To be effective against OHCS, such facsimile

transmission must be confirmed by telephone notice to OHCS’ primary contact within twenty-four (24)

hours. Any communication or notice by personal delivery shall be deemed to be given when actually

delivered.

15. Confidentiality

Grantee shall, and shall require and cause its sub-recipients to, protect the confidentiality of all

information concerning Applicants for and recipients of services funded by this Agreement. It shall not

release or disclose any such information except as necessary for the administration of the program(s), as

authorized in writing by the Applicant or recipient or as required by law. All records and files shall be

appropriately secured to prevent access by unauthorized persons. Grantee shall, and shall require and

cause its sub-recipients to. Ensure that all its officers, employees and agents are aware of and comply with

this confidentiality requirement.

16. Dual Payment

Grantee shall not be compensated for work performed under this Agreement from any other department

of the State of Oregon, nor from any other source, including the federal government, unless such funds

are used solely to increase the total services provided under this Agreement. Any additional funds

received through or for activities arising under this Agreement shall immediately be reported to OHCS.

17. Monitoring Required

a. OHCS Authorized to Monitor Each Grantee

OHCS may monitor the activities of each Grantee as it deems necessary or appropriate, among other

things, to ensure Grantee and its sub-recipients comply with the terms of this Agreement and that Grant

fund awards are used properly for authorized purposes hereunder OHCS also may ensure that

performance goals are achieved as specified in the Statement of Work. Monitoring activities may include

any action deemed necessary or appropriate by OHCS including, but not limited to the following: (1) the

review (including copying) from time to time of any and all Grantee and sub-recipient(s) files, records

and other information of every type arising from or related to performance under this Agreement; (2)

arranging for, performing, and evaluating general and limited scope audits; (3) conducting or arranging

for on-site and field visits and inspections; (4) review of Grantee fiscal and program reports prior

approval documentation; and (5) evaluating, training, providing technical assistance and enforcing

compliance of Grantee, sub-recipient(s), and their officers, employees, agents, contractors and other staff.

OHCS may utilize third parties in its monitoring and enforcement activities, including monitoring by peer

agencies. OHCS monitoring and enforcement activities may be conducted in person, by telephone and by

other means deemed appropriate by OHCS and may be effected through contractors, agents or other


authorized representatives. Grantee consents to such monitoring and enforcement by OHCS and agrees to

cooperate fully with same, including requiring by agreement and causing that its sub-recipients so

cooperate.

OHCS reserves the right, at its sole and absolute discretion, to request assistance in monitoring from

outside parties including, but not limited to the Oregon Secretary of State, the Attorney General, the

federal government, and law enforcement agencies.

b. Grantee Shall Fully Cooperate

Grantee shall fully and timely cooperate with OHCS in the performance of any and all monitoring and

enforcement activities. Failure by Grantee or any of its sub-recipients to comply with this requirement is

sufficient cause for OHCS to require special conditions and may be deemed by OHCS as a failure by the

Grantee to perform its obligations under this Agreement.

18. Monitoring

a. OHCS generally will advise the Grantee as to its observations and findings generated by any on-

site visit; usually through an exit interview. Within 60 days after an on-site inspection, OHCS will

endeavor to provide Grantee with a written report as to its findings from that inspection. OHCS may

advise the Grantee of any corrective action that it deems appropriate based upon its monitoring activities

or otherwise. Grantee shall timely satisfy such corrective actions required by OHCS.

b. OHCS may review (including copying) from time to time any and all Grantee and sub-grantee(s)

files, records, and other information of every type arising from or related to performance under this

Agreement. Within 60 days after a review, OHCS will endeavor to communicate in writing to the

Grantee. OHCS may advise the Grantee of any corrective action that it deems appropriate based upon its

monitoring activities or otherwise. Grantee shall timely satisfy such corrective actions as reasonably

required by OHCS.

19. Monitoring: Major Findings Resolution

OHCS may track and follow up with Grantee regarding the correction by Grantee of findings made or

other corrective actions required in OHCS’ monitoring of Grantee’s performance under this Agreement.

The tracking record developed by OHCS may include, without limitation: findings, corrective actions,

deliverables, due dates, responsible parties, actions taken, and final resolution. Grantees shall resolve

findings and other required corrective actions within the timeframes reasonably given by OHCS by

written report or otherwise.

20. Remedies

a. If OHCS determines, in its sole discretion, that Grantee has failed to comply timely with any

material obligation under this Agreement, including but not limited to any OHCS directive or term of a

corrective action plan, OHCS may, exercise any remedy available to it under this Agreement, applicable

law, or otherwise. Such remedies may include, but are not limited to: (a) terminating any part or all of

this Agreement; (b) withholding and/or reducing grant funds; (c) disallowing costs; (d) suspending and/or

recouping payments; (e) appointing a receiver for the receipt and administration of grant funds under this

Agreement; (f) requiring corrective action as it may determine to be appropriate; (g) bringing suit or

action in an appropriate forum for the enforcement of this Agreement and any remedy, as well as the

recovery of damages, including by temporary restraining order, injunction, specific performance or

otherwise; (h) debarring or otherwise limiting Grantee’s eligibility for other funding from OHCS; (i)


instituting criminal action for misstatements or fraud; and (j) requesting investigation, audit and/or

sanction by other governmental bodies.

b. The rights and remedies of OHCS provided in this Section shall not be exclusive and are in

addition to any other rights and remedies provided under this Agreement, by law, or otherwise. This

Section does not limit Grantee’s remedies provided under this Agreement, by law, or otherwise. No

failure of or delay by OHCS to enforce any provision of this Agreement will constitute a waiver by

OHCS of that or any other provision, nor will any single or partial exercise of any right, power or

privilege under this Agreement preclude any other or further exercise of such right, power or privilege or

the exercise of any other right, power or privilege.

21. Return of Unexpended Grant Funds at Program Final Expenditure Period End

All unexpended cash from such Grant funds remaining at the expiration or termination of this Agreement

must be returned by Grantee to OHCS no later than sixty days following the expiration or termination of

this Agreement, whichever is earlier. This Section shall not be construed as permitting an extension of the

time allowed for using Grant funds that is not consistent with OHCS requirements or other controlling

law.

22. Expenditures Properly Supported

Expenditures and requests for Grant funds shall be supported by Grantee with properly executed payroll

and time records, invoices, contracts, vouchers, orders, canceled checks and/or any other accounting

documents pertaining in whole or in part to the Agreement (or in the case of sub-recipients, under their

respective contracts with Grantee) in accordance with generally accepted accounting principles, Oregon

Administrative Rules and applicable federal requirements as specified herein. OHCS may require such

other information as it deems necessary or appropriate in its sole discretion.

23. Unallowable Costs and Lobbying Activities

Grantee shall review and comply with the allowable costs and other provisions applicable to expenditures

under the particular grant programs covered by this Agreement. Grantee shall, among other obligations,

comply with the provisions prohibiting the expenditure of funds for lobbying and related activities,

whether in 2 CFR Part 230, 2 CFR Part 225, or otherwise. If Grantee makes expenditures or incurs costs

for purposes or an amount inconsistent with the allowable costs or any other provisions governing

expenditures in an Agreement grant program, OHCS may exercise any and all remedies under this

Agreement, at law or otherwise that it deems, in its sole discretion, to be necessary or appropriate.

24. Disallowance of Costs

OHCS neither is responsible for nor shall it pay for any costs disallowed either upon request for

reimbursement or as a result of any audit, review, or site visit or other disallowance action by OHCS

except for costs incurred by Grantee solely due to the negligence of OHCS, its employees, officers or

agents. If a cost is disallowed by OHCS after reimbursement has occurred, Grantee shall, within thirty

(30) days of notice of disallowance or such other date as may be required by OHCS, either demonstrate to

the satisfaction of OHCS that such disallowance is in error or make repayment of such cost.

If Grantee is a county, such disallowed costs may be recovered by OHCS only through repayment or

withholding to the extent permitted by the Oregon Constitution, and particularly Article XI, Section 10.

https://www.oregonlegislature.gov/bills_laws/Pages/OrConst.aspx


If Grantee is other than a county, OHCS may recover such disallowed costs through repayment,

withholding, offset or other means permitted under this Agreement, by law or otherwise.

Grantee shall cooperate and shall cause its sub-recipients to cooperate with OHCS and all appropriate

investigative agencies and shall assist in recovering invalid payments.

25. Records Maintenance

Grantee shall, and shall require and cause its sub-recipients to, prepare and maintain such records as

necessary for performance of and compliance with the terms of this Agreement.

The Grantee and its sub-recipients shall retain all records pertinent to expenditures incurred under this

Agreement and otherwise in a manner consistent with the requirements of state and federal law, including

but not limited to those requirements listed in OHCS’ Record Retention Schedule, as may be modified

from time to time and is available upon request. Notwithstanding the above, if there is litigation, claims,

audits, negotiations or other action that involves any of the records cited, then such records must be

retained until final completion of such matters.

26. Records Access

OHCS, the Oregon Secretary of State’s Office, the federal government and the duly authorized

representatives of such entities shall have free access to and the right to copy all or any part of the books,

documents, papers, audits and records of Grantee and its sub-recipients which are related to this

Agreement as they deem appropriate, including without limitation, for the purpose of making audit,

examination, excerpts, and transcripts. These records are the property of OHCS who may take possession

of them at any time after three (3) business days’ notice to Grantee or sub-recipient, as the case may be.

Grantee or sub-recipient may retain copies of all records taken by OHCS under this Section.

In its agreements with sub-recipients, Grantee shall require and cause its sub-recipients to comply with

the requirements of this Section and to grant right of access to and ownership by OHCS of the sub-

recipients’ books and records related to this Agreement.

27. Audits

Grantee shall comply, and require all sub recipients to comply, with applicable audit requirements and

responsibilities set forth in this Agreement and applicable state or federal law.

If Grantee expends $500,000 or more in federal funds (from all sources) in its fiscal year beginning prior

to December 26, 2014, Grantee shall have a single organization-wide audit conducted in accordance with

the Single Audit Act. If Grantee expends $750,000 or more in federal funds (from all sources) in a fiscal

year beginning on or after December 26, 2014, Grantee shall have a single organization-wide audit

conducted in accordance with the provisions of 45 CFR Subtitle B with guidance at 2 CFR Part 200.

Copies of all audits must be submitted to OHCS within 30 days of completion. If Grantee expends less

than $500,000 in federal funds in a fiscal year beginning prior to December 26, 2014, or less than

$750,000 in a fiscal year beginning on or after that date, Grantee is exempt from federal audit

requirements for that year. Records must be available as provided in Sections 25 and 26.

OHCS may withhold any or all requested funds from Grantee if Grantee violates this provision and

OHCS may deem such failure as a material default and exercise any available remedy under this

Agreement, including without limitation, termination of this Agreement.

http://arcweb.sos.state.or.us/doc/recmgmt/sched/special/state/sched/20020019ohcsrrs.pdf


28. Insurance and Workers Compensation

Grantee will provide all necessary General Liability and Automotive insurance required by Oregon Law

to perform services under this Grant Agreement, and provide proof of coverage upon request of OHCS.

All employers, including Grantee, that employ subject workers who work under this Agreement 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(2). Grantee shall require each of its

subcontractors, if any, to comply with, and shall ensure that each of its subcontractors, if any, complies

with these requirements.

29. Grantee Status

a. Grantee shall perform all Services under this Agreement as an independent contractor. Grantee is

not an officer, employee or agent of the State, as those terms are used in ORS 30.265, with respect to

Services performed under this Agreement.

b. Grantee agrees that insurance coverage, whether purchased or by self-insurance, for Grantee’s

agents, employees, officers and/or subcontractors is the sole responsibility of Grantee.

c. Grantee certifies that it is not employed by or contracting with the federal government for the

Services covered by this Agreement.

d. Grantee certifies to the best of its knowledge and belief that neither the Grantee nor any of its

principals, officers, directors or employees:

1) Is presently debarred, suspended, proposed for debarment, declared ineligible or

voluntarily excluded from covered transactions by any federal department or agency;

2) Has within a three-year period preceding this Agreement been convicted of or had a civil

judgment rendered against it for commission of fraud or a criminal offense in connection with

obtaining, attempting to obtain, or performing a public (federal, State or local) transaction or

contract related to a public transaction; violation of federal or State antitrust statutes; or

commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,

making false statements or receiving stolen property;

3) Is presently indicted for or otherwise criminally or civilly charged by a governmental

entity (Federal, State or local) with commission of any of the offenses enumerated in subsection

(d)(2); and

4) Has within a three-year period preceding this Agreement had one or more public

transactions (federal, State or local) terminated for cause or default.

30. Captions

The captions or headings in this Agreement are for convenience only and in no way define, limit or

describe the scope or intent of any provisions of this Agreement.

31. 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.

32. Execution and Counterparts

This Agreement may be executed in several counterparts, each of which shall be an original, all of which

shall constitute but one and the same instrument.

33. Grant Funds; Indemnity

For Grant funds used in conjunction with this Agreement, Grantee assumes sole liability for breach of

the conditions of the Grant (including all terms and conditions of this Agreement) by Grantee or any of

its sub-recipients, agents or assigns, and hereby covenants and agrees to save, defend, hold harmless

and indemnify OHCS (consistent with ORS chapter 180 and the Oregon Tort Claims Act), the State of

Oregon and their officers, employees, agents and assigns from any claims, causes of action or other

demands related in any way to this Agreement or to Grant funds provided or to be provided hereunder

as well as to reimburse OHCS for an amount equal to the Grant funds received by it under this

Agreement that OHCS must repay to a source of such funds.

34. Oregon False Claims Act

a. Grantee acknowledges that the Oregon False Claims Act, ORS 180.750 to 180.785, applies to any

action or conduct by Grantee pertaining to this Agreement that constitutes a “claim” (as defined by ORS

180.750(1)). By its execution of this Agreement, Grantee certifies the truthfulness, completeness, and

accuracy of any statement or claim it has made, it makes, it may make, or causes to be made that

pertains to this Agreement. In addition to other liabilities that may be applicable, Grantee further

acknowledges that if it makes, or causes to be made, a false claim or performs a prohibited act under the

Oregon False Claims Act, the Oregon Attorney General may enforce the liabilities and penalties provided

by the Oregon False Claims Act against Grantee.

b. Without limiting the generality of the foregoing, Grantee represents and warrants that:

1) Grantee’s representations, certifications, and other undertakings in this Agreement are not

False Claims Act Violations; and

2) None of Grantee’s performance under this Agreement, including but not limited to any

invoices, reports, or other deliverables in connection with its performance of this Agreement, will

constitute False Claims Act Violations.

c. For purposes of this Section 34.b. a “False Claims Act Violation” means a false claim as defined

by ORS 180.750(2) or anything prohibited by ORS 180.755.

d. Grantee shall immediately report in writing, to OHCS, any credible evidence that a principal,

employee, agent, subcontractor, sub grantee, or other person has made a false claim or committed a

prohibited act under the Oregon False Claims Act, or has committed a criminal or civil violation of laws

pertaining to fraud, bribery, gratuity, conflict of interest, or similar misconduct in connection with this

Agreement or any moneys paid under this Agreement.


e. Grantee understands and agrees that any remedy that may be available under the Oregon False

Claims Act shall be in addition to any other remedy available to the State of Oregon or OHCS under any

other provision of law, or this Agreement.

35. Time is of the essence

Time is of the essence in the performance of all obligations under this Agreement.

36. No Limitations on Actions of OHCS in Exercise of Its Governmental Powers

Nothing in this Agreement is intended, nor shall it be construed, to in any way limit the actions of OHCS

in the exercise of its governmental powers. The exercise of its governmental powers by OHCS shall not

constitute a breach of this Agreement.

37. Amendments

This Agreement may be amended only by a written instrument executed by the parties or by their

successors.

38. Merger Clause

This Agreement and attached or incorporated exhibits and documents 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 Agreement. No waiver, consent,

modification or change of terms of this Agreement shall bind all parties unless in writing and signed by

both parties and all necessary State approvals have been obtained. Such waiver, consent, modification or

change, if made, shall be effective only in the specific instance and for the specific purpose given. The

failure of OHCS to any provision of this Agreement shall not constitute a waiver by OHCS of that or any

other provision.

39. CERTIFICATIONS AND SIGNATURE OF GRANTEE'S AUTHORIZED

REPRESENTATIVE

THIS AGREEMENT MUST BE SIGNED IN INK BY AN AUTHORIZED REPRESENTATIVE OF

GRANTEE.

The undersigned certifies under penalty of perjury both individually and on behalf of Grantee that:

A. The undersigned is a duly authorized representative of Grantee, has been authorized by Grantee

to make all representations, attestations, and certifications contained in this Agreement and to execute this

Agreement on behalf of Grantee;

B. By signature on this Agreement for Grantee, the undersigned hereby certifies under penalty of

perjury that the undersigned is authorized to act on behalf of Grantee and that Grantee is, to the best of the

undersigned’s knowledge, not in violation of any Oregon Tax Laws. For purposes of this certification,

“Oregon Tax Laws” means a state tax imposed by ORS 320.005 to 320.150 and 403.200 to 403.250 and

ORS chapters 118, 314, 316, 317, 318, 321 and 323 and the elderly rental assistance program under ORS

310.630 to 310.706 and local taxes administered by the Department of Revenue under ORS 305.620.


C. To the best of the undersigned’s knowledge, Grantee has not discriminated against and will not

discriminate against minority, women or emerging small business enterprises certified under ORS

200.055 in obtaining any required subcontracts.

D. Grantee and Grantee’s employees and agents are not included on the list titled “Specially

Designated Nationals and Blocked Persons” maintained by the Office of Foreign Assets Control of the

United States Department of the Treasury and currently found at

http://www.treas.gov/offices/enforcement/ofac/sdn/t11sdn.pdf; and

E. Grantee is bound by and will comply with all requirements, terms and conditions contained in this

Agreement.

F. Grantee further certifies to having a formal statement of nondiscrimination in employment policy.

[Signature Pages Follow]

http://www.treas.gov/offices/enforcement/ofac/sdn/t11sdn.pdf


GRANTEE, BY EXECUTION OF THIS AGREEMENT, HEREBY ACKNOWLEDGES THAT

GRANTEE HAS READ THIS AGREEMENT, UNDERSTANDS IT, HAS THE LEGAL

AUTHORITY TO BIND, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.

Grantee (print

name):___________________________________________________________________________

Authorized Signature: __________________________________

By (print name):_______________________________________

Date: ________________

Title: _______________________________________________

Contact Telephone Number: (______) ____________________

Contact Fax Number: (_______) _________________________

Contact E-Mail Address: _______________________________

Grantee Address:______________________________________

____________________________________________________

Contact Person (Type or Print):________________________________

Contact Telephone Number: (______) __________________________

Contact Fax Number: (_______) ______________________________

Contact E-Mail Address: _____________________________________

Hours of Operation: _________________________________________

DUNS #: __________________________________________________

Secretary of State Business Registry #: __________________________

Fiscal Contact Name: ________________________________________

Title of Fiscal Contact: ______________________________________

Phone #: __________________________________________________


42. SIGNATURE OF STATE’S AUTHORIZED REPRESENTATIVE

State of Oregon acting by and through

Oregon Housing and Community Services Department

725 Summer Street NE Suite B, Salem, OR 97301

Authorized Signature: ______________________________________________________

Margaret Solle Salazar, Director or designee Date

OHCS Contact Person:

Contact Telephone Number:

E-Mail Address:

DEPARTMENT OF JUSTICE

Approved for legal sufficiency by: D. Kevin Carlson, Senior Assistant Attorney General (via

email)_____________________________________________________________________


Exhibit A


Exhibit B

Insurance

INSURANCE REQUIREMENTS:

Contractor shall obtain at Contractor’s expense the insurance specified in this Exhibit B prior to

performing under this Contract and shall maintain it in full force and at its own expense throughout

the duration of this Contract, as required by any extended reporting period or tail coverage

requirements, and all warranty periods that apply. Contractor shall obtain the following insurance

from insurance companies or entities that are authorized to transact the business of insurance and

issue coverage in State and that are acceptable to Agency. Coverage shall be primary and non-

contributory with any other insurance and self-insurance, with the exception of Professional Liability

and Workers’ Compensation. Contractor shall pay for all deductibles, self-insured retention and self-

insurance, if any.

WORKERS’ COMPENSATION & EMPLOYERS’ LIABILITY

All employers, including Contractor, that employ subject workers, as defined in ORS 656.027, shall

comply with ORS 656.017 and provide workers' compensation insurance coverage for those

workers, unless they meet the requirement for an exemption under ORS 656.126(2). Contractor shall

require and ensure that each of its subcontractors complies with these requirements. If Contractor is

a subject employer, as defined in ORS 656.023, Contractor shall also obtain employers' liability

insurance coverage with limits not less than $500,000 each accident. If contractor is an employer

subject to any other state’s workers’ compensation law, Contactor shall provide workers’

compensation insurance coverage for its employees as required by applicable workers’ compensation

laws including employers’ liability insurance coverage with limits not less than $500,000 and shall

require and ensure that each of its out-of-state subcontractors complies with these requirements.

COMMERCIAL GENERAL LIABILITY:

Required Not required

Commercial General Liability Insurance covering bodily injury and property damage in a form and

with coverage that is satisfactory to the State. This insurance shall include personal and advertising

injury liability, products and completed operations, contractual liability coverage for the indemnity

provided under this contract, and have no limitation of coverage to designated premises, project or

operation. Coverage shall be written on an occurrence basis in an amount of not less than

$1,000,000.00 per occurrence. Annual aggregate limit shall not be less than $2,000,000.00.

AUTOMOBILE LIABILITY INSURANCE:


Automobile Liability Insurance covering Contractor’s business use including coverage for all owned,

non-owned, or hired vehicles with a combined single limit of not less than $1,000,000.00 for bodily

injury and property damage. This coverage may be written in combination with the Commercial

General Liability Insurance (with separate limits for Commercial General Liability and Automobile

Liability). Use of personal automobile liability insurance coverage may be acceptable if evidence

that the policy includes a business use endorsement is provided.


PROFESSIONAL LIABILITY:


Professional Liability insurance covering any damages caused by an error, omission or any

negligent acts related to the services to be provided under this Contract by the Contractor and

Contractor’s subcontractors, agents, officers or employees in an amount not less than $1,000,000.00

per occurrence. Annual aggregate limit shall not be less than $2,000,000.00. If coverage is on a

claims made basis, then either an extended reporting period of not less than 24 months shall be

included in the Professional Liability insurance coverage, or the Contractor shall provide Tail

Coverage as stated below.

EXCESS/UMBRELLA INSURANCE:

A combination of primary and excess/umbrella insurance may be used to meet the required limits of

insurance.

ADDITIONAL INSURED: The Commercial General Liability insurance and Automobile liability insurance required under this

Contract must include an additional insured endorsement specifying the State of Oregon, its officers,

employees and agents as Additional Insureds, including additional insured status with respect to

liability arising out of ongoing operations and completed operations, but only with respect to

Contractor's activities to be performed under this Contract. Coverage shall be primary and non-

contributory with any other insurance and self-insurance. The Additional Insured endorsement with

respect to liability arising out of your ongoing operations must be on ISO Form CG 20 10 07 04 or

equivalent and the Additional Insured endorsement with respect to completed operations must be on

ISO form CG 20 37 04 13 or equivalent.

TAIL COVERAGE:

If any of the required insurance is on a claims made basis and does not include an extended reporting

period of at least 24 months, Contractor shall maintain either tail coverage or continuous claims

made liability coverage, provided the effective date of the continuous claims made coverage is on or

before the effective date of this Contract, for a minimum of 24 months following the later of (i)

Contractor’s completion and Agency’s acceptance of all Services required under this Contract, or, (ii)

Agency or Contractor termination of contract, or, iii) The expiration of all warranty periods provided

under this Contract.

CERTIFICATE(S) AND PROOF OF INSURANCE:

Contractor shall provide to Agency Certificate(s) of Insurance for all required insurance before

delivering any Goods and performing any Services required under this Contract# ______. The

Certificate(s) shall list the State of Oregon, its officers, employees and agents as a Certificate holder

and as an endorsed Additional Insured. If excess/umbrella insurance is used to meet the minimum

insurance requirement, the Certificate of Insurance must include a list of all policies that fall under

the excess/umbrella insurance. As proof of insurance Agency has the right to request copies of

insurance policies and endorsements relating to the insurance requirements in this Contract.

NOTICE OF CHANGE OR CANCELLATION:

The contractor or its insurer must provide at least 30 days’ written notice to Agency before

cancellation of, material change to, potential exhaustion of aggregate limits of, or non-renewal of the

required insurance coverage(s).

INSURANCE REQUIREMENT REVIEW:


Contractor agrees to periodic review of insurance requirements by Agency under this agreement and

to provide updated requirements as mutually agreed upon by Contractor and Agency.

STATE ACCEPTANCE:

All insurance providers are subject to Agency acceptance. If requested by Agency, Contractor shall

provide complete copies of insurance policies, endorsements, self-insurance documents and related

insurance documents to Agency’s representatives responsible for verification of the insurance

coverages required under this Section 4.

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