Request for Applications (RFA) #4395, Veterans Home Improvement Program …€¦ · 30/6/2017 ·...

State of Oregon

Housing and Community Services Department

Request for Applications (RFA) #4395

Veterans Home Improvement Program

RFA Issued Date: June 30, 2017

Application Due Date: August 1, 2017

Application Due Time: 4:00 PM PST

Grant Agreement Begin Date: July 1, 2017

Grant Agreement End Date: December 31, 2018

RFA #4395 – Veterans Home Improvement Program

of 34

TABLE OF CONTENTS

1.0 INTRODUCTION

1.1 Background

1.2 Purpose and Objectives

1.3 Typical Improvements or Repairs

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 Language Access Plan

2.5 Capacity to Comply with Program Requirements

2.6 Responsive Applications

2.7 RFA Inquiries, Responses, and Protests

2.7.1 Inquiries to RFA

2.7.2 Responses; Addenda

2.7.3 Protests to RFA

2.7.4 Protests to Addenda; Reservations; and Grant Agreement Changes

2.7.5 Protests Must:

2.7.6 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 Program Objectives

4.2 Readiness to Proceed

4.3 Experience with Home Improvement Programs

4.4 Service Area

4.5 Budget Attached

4.6 Benefits for Veterans and their Families

4.7 Administration of Funds

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


of 34

5.9 Apparent Successful Applicant Submission Requirements

ATTACHMENTS:

Attachment 1 – Cover Sheet

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

Exhibit A – Request for Funds and Quarterly Report

Exhibit B – Data Collection Template (see separate attachment)

Exhibit C – Work Plan

Exhibit D – Program Budget

Exhibit E - Personally Identifiable Information Letter (“Services”)

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


of 34

1.0 INTRODUCTION

The State of Oregon, acting by and through its Housing and Community Services Department (“OHCS”), is issuing a

potentially multi-award Request for Applications (“RFA”) for funding home improvement repairs for Oregon

homeowners who are qualified veterans (“Veterans”). Funding for such awards will come from available assets of the

OHCS Home Ownership Assistance Program, (“HOAP”) using moneys statutorily reserved for assisting Veterans. See

ORS 458.655. The home improvement effort to be funded under this RFA will hereinafter be referred to as the Veterans’

Home Improvement Program (“VHIP”). All organizations submitting proposals (“Applications”) in response to this

RFA are referred to herein as “Applicants.” Successful Applicants will receive conditional VHIP funding awards via

reservation letters (“Reservations”) from OHCS and, upon execution of financial assistance documents satisfactory to

OHCS will be designated as “Grantee(s),” contractually-eligible to receive and administer their respectively-reserved,

VHIP funds (“Grants”) as provided in such financial assistance documents.

OHCS intends to make Grants aggregating approximately One Million Five Hundred Thousand Dollars ($1,500,000.00)

to Grantees that then will pass through appropriate funding from their respective Grants in smaller amounts to Veterans

within the Grantee’s operational area for the repair/improvement of homes that serve as the primary residence for and are

owned by such Veterans. The purpose of the VHIP funding is to foster healthier, safer, and more functional home

environments for Veterans. Maximum Grant amount per Applicant is $150,000.00. The RFA is designed for

Grantees to materially assist as many Veteran homeowners as possible. The amount of any Grant remains subject

to change by OHCS at its sole discretion to accommodate its business or legal needs.

*Grant period approximately is May 1, 2017 through June 30, 2018.

1.1 Background

OHCS is Oregon’s state housing finance agency, providing financial and program support to create and preserve

opportunities for quality, affordable housing for Oregonians of lower and moderate income. OHCS administers, inter

alia, federal and state antipoverty, homeless, energy assistance, and community services programs. OHCS also

administers other affordable housing programs as well as efforts to increase capacity throughout Oregon to address the

need for safe, sanitary, and habitable affordable housing. It also administers bond, tax credit, and other financial

assistance programs designed to assist in the purchase-financing of single-family homes and in the new construction or

rehabilitation of multifamily affordable housing developments.

HOAP and VHIP are made possible through funding occasioned by the Housing Opportunity Bill (2009 House Bill 2426)

and related legislation, now codified at ORS 294.187, which funding source is commonly known as the “Document

Recording Fee.”

Oregon Revised Statutes (“ORS”), particularly 458.610, 458.620, and 458.655, and Oregon administrative rules (“OAR”)

813-044-000 to 813-044-0055 provide important detail as to OHCS’ administration of HOAP, inclusive of VHIP, which

has the general purpose of expanding the level of ownership within Oregon of safe, sanitary, habitable, and affordable

housing by low- and very low-income families and individuals, including but not limited to persons over 65 years of age,

persons with disabilities, minorities, Veterans and farmworkers. General OHCS statutory authority, particularly in ORS

456.625, and general OHCS administrative rules, particularly in divisions 813-005 and 813-006, also have relevant

application to this RFA and the administration of HOAP.

1.2 Purpose and Objectives

As indicated above, this RFA is designed to realize the delivery of VHIP Grants to eligible-organization Applicants (see

Section 2.5 and ORS 458.610(5)) that then will provide health, safety, and habitability home repair or improvement

assistance to eligible Veterans. The recipient who benefits from the Grant funds must be a Veteran. The applicable

meaning for who qualifies as a Veteran for this RFA is given in ORS 408.225. Additionally, such sub-recipient Veterans

of Grant funding must be “low income” or “very low income.” Pursuant to ORS 458.610(3), to be of low income means

to have an “income that is not more than 80 percent of the median family income for the area, subject to adjustment for

areas with unusually high or low incomes or housing costs, all as determined by the Housing Stability Council


of 34

(hereinafter, “Council”)] based on information from the United States Department of Housing and Urban Development

(“HUD”). Pursuant to ORS 458.610(7), to be of very low income means to have an “income that is 80 percent of the

median family income for the area” subject to similar adjustments and as determined by the Council based on similar

information from HUD. Use the following website for further detail from HUD regarding these income standards:

https://www.huduser.gov/portal/datasets/il/il16/index_il2016.html

The passed-through Grant assistance to be provided by Grantees to Veterans under VHIP is restricted to repair or

improvement projects with respect to single-family, owner-occupied homes held in fee title by eligible organizations.

Applicants will be scored on their ability, inter alia, to maximize the number of Veterans to be served effectively.

Applicants also will be scored, inter alia, on their ability to decrease health and safety hazards, as well as habitability

impediments, while making impacted homes comfortable and attractive for their inhabitants.

1.3 Typical Improvements or Repairs

A descriptive list of typical Health, Safety, or Habitability projects generally eligible for VHIP financial assistance

includes the following improvements or repairs:

Accessibility - Installation of ramps, grab bars, etc.;

Accommodation –Upgrades to accommodate other documented special needs;

Adaptability – Widen doors, enable wheelchair access , provide audible and/or visual signals, make

accommodating adjustments to other features that are permanently fixed in place;

Code Compliance – Updating, as necessary, for compliance with local codes or other standards related to health,

safety, or habitability;

Emergency Repair - Replacement/repair of deficient roofing, gutters, or drainage, heating, or ventilation systems;

Expected Maintenance – Addressing “aging in place” issues; and

Structural/Operational Integrity – Fixing/replacing substandard electrical, plumbing, roofing, siding, insulation,

weatherization, heating systems, hot water heaters, and mold or dry rot issues.

1.4 Funding Guidelines

VHIP funds will be provided to successful Applicants in the form of conditional Grants upon execution of financial

assistance documents satisfactory to OHCS and pursuant to their terms and conditions. Applicants must justify and

explain the amount of Grant funds requested. The maximum Grant amount is $150,000.00 per Applicant.

OHCS will make funds available on a statewide basis, while reserving the right to target funding to those populations or

areas of the state with the greatest need as OHCS so determines. Grant funding can only be used in accordance with the

terms and conditions of executed financial assistance documents and otherwise in compliance with Program

Requirements.

OHCS reserves the right to provide Grant funding in amounts less than the maximum Grant amount and less than the

amount of any applicable Reservation. OHCS further reserves the right to modify Grant amounts after-the-fact to

accommodate OHCS legal, financial, or Program needs. Applicants charge an administrative fee of up to 8% of received

Grant funding to pay for allowable administrative expenses.

1.5 Reporting Requirements

Grantees will provide quarterly reports to OHCS with respect to each Veteran who receives Grant funds. The Quarterly

reports must be timely delivered and satisfactory in nature and detail to OHCS. Such reports must include, inter alia, a

spreadsheet for each recipient Veteran with the following data and narratives:

https://www.huduser.gov/portal/datasets/il/il16/index_il2016.html


of 34

Client Id

OHCS Name

Property address

City

Zip Code

County

Race

Veteran Status

Household Size

Number of Dependent Minors in

Household

Monthly Mortgage Payment

% of Area Median Income (AMI)

Type of Project

Total Cost of Improvement Project

OHCS Home Improvement Funds used

Other Home Improvement Source

Name of Other Source

Amount of Funds from Source

Borrower Contribution

Total Amount of Funds Used

DD-214 (copy to remain at agency)

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:

August 1, 2017 4:00 PM PST

To:

DELIVERY ADDRESS:

Oregon Housing and Community Services

Attn: Lisa Cimino

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 (#4395), 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.

mailto:[email protected]


of 34

One (1) original, signed Application (by an authorized signer) and four (4) complete copies of the Application, each

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 five (5) complete sets of the Application, 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 copies. 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.

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, but

including the response to scored selection criteria questions in Section 3.0. See Section 2.1 Application Submission

[ ] Response to scored selection criteria questions in Section 3.0

[ ] Work Plan



of 34

[ ] The Application must be organized in accordance with the list of scored criteria and Application content in this

section.

[ ] Submit one (1) original signed Application and four (4) copies, for a total of five (5) and one (1) electronic copy sent

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

2.3 Eligible Applicants

Pursuant to ORS 458.610(5)), only the following organizations are eligible to receive VHIP Grant funding and, therefore,

be Applicants:

nonprofit corporations established under ORS chapter 65, established and licensed to do business in Oregon;

local housing authorities established under ORS 456.055 to 456.235; and

local governments as defined in ORS 197.015.

2.4 Language Access Plan

Applicants must have a Language Access Plan (LAP) for persons with limited proficiency in speaking or writing English.

2.5 Capacity to Comply with Program Requirements

Applicants must have, and must be able to demonstrate to OHCS’ satisfaction, the capacity to administer a 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 orders, the terms and conditions of required financial

assistance documents, and the terms and conditions of other applicable federal, state, and local laws, ordinances,

regulations, and orders (all of the foregoing, collectively, the “Program Requirements”).

2.6 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 organization in accordance with

Section 2.3. Applicant also must appropriately respond to any inquiries from OHCS, including requested clarifications

and supplementations.

2.7 RFA Inquiries, Responses, and Protests

2.7.1 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].

2.7.2 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.

2.7.3 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



of 34

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.

2.7.4 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.

2.7.5 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

2.7.6 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 Applicant’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.


of 34

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 100 maximum points is possible. Each

question must be answered or a no score will be given. You must receive a minimum score of 70 to be eligible to qualify

for a Reservation of Grant funding. A minimum score of 70 does not guarantee funding.

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:

10 Points - Program Objectives

15 Points - Readiness to Proceed

20 Points - Experience with Home Improvement Programs

15 Points - Service Area

10 Points - Budget Attached

20 Points - Addressing the benefits for Veterans and their families

10 Points - Administration of Funds

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 Applications for

which a Reservation will be issued, if any, will be based upon the ranking of scores given by OHCS to responsive

Applications in conjunction with any weighting of scores to reflect targeted populations or areas of greatest need, if so

included by OHCS. 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

90 days.

All Applicants will be notified in writing of the results.


of 34

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 Program Objectives (10 Points)

What obstacles to home repairs or improvements will this Application address? What methodology will the Applicant use

to address the identified obstacles? DESCRIBE in detail your proposed strategy for achieving overall VHIP objectives,

i.e., helping to materially foster healthier, safer, and more functional home environments for the maximum number of

Veterans. Describe whether VHIP funding will be disbursed as home improvement grants or as “silent-second” loans.

Indicate if the Applicant has additional resources to leverage VHIP Grant funds.

4.2 Readiness to Proceed (15 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 VHIP objectives,

including location, staffing, materials, guidelines, and Veteran sub-recipient eligibility. When will Applicant’s strategy

begin? Provide an estimated timeline when you will begin using Grant funds. Keep in mind that Grant funds must be

expended by June 30, 2018.

4.3 Experience with Home Improvement Programs (20 Points)

What experience does the Applicant have with home improvement strategies? Describe both present and past strategies.

Describe approaches employed to ensure successful outreach and experience in serving Veterans. Describe the current

pipeline of eligible Veterans ready to begin home improvement/repair process. Describe any partnerships you have with

Veterans organizations.

4.4 Service Area (15 Points)

Identify the relevant service area and its important challenges or needs. How will the Applicant adequately cover its

service area and address its challenges and needs, including appropriate outreach to Veterans within the service area? If

Grant funding is to be provided in multiple counties, explain how you will cover each of the county areas. Explain

relevant demographics of your service area: i.e.: Veteran population data (including, as applicable, first-language use,

ethnicity, race, age, disabilities, family sizes, relevant housing data, etc.).

4.5 Budget Attached (10 Points)

Provide budget and budget narrative. What are the expenses, income (if applicable), and financing associated with

delivering the proposed home improvement strategy?

4.6 Benefits for Veterans and their Families (20 Points)

Describe intended strategy outcomes, including as differentiated by client needs. How will these outcomes benefit

improved client home safety, sanitation, or adaptability? How will the number of served Veterans be maximized?

Describe outreach plans, both in terms of marketing and access. Describe past experience and success, including use of

marketing and access strategies for client homeowners, use of dedicated staff and resources, and achieved outcomes.

4.7 Administration of Funds (10 Points)

How do you plan to administer and account for the use of Grant funds? Describe your internal and external monitoring

and accounting controls, including as they will inform Grant administration and reporting to OHCS.


of 34

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 and redeploy by Reservation applicable VHIP funds to other qualifying Applicants. OHCS may require the

execution by Grantees 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 the right to reject any or all Application’s; to respond to the Applications deemed best for approval;

amend this RFA prior to the closing date; to reject any or all Applications; to assess the Applicant's capacity to perform; to

require additional information as a condition of funding; and to determine whether an Application does or does not

substantially comply with the requirements of this RFA. 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 which are incomplete or which 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.


of 34

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.]


of 34

Attachment 1

APPLICANT INFORMATION

COVER PAGE

Name of Organization

Type of Organization (please attach proof):

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

Address

City & State ZIP

Application Contact Name

Title

Telephone # FAX

Address Email Person Authorized to Submit Application and Sign Award Documents

Signature:________________________________________________________________________

Name and Title:___________________________________________________________________

Phone #____________________________________ Fax #________________________________

E-Mail:_________________________________________________________________________

PROGRAM INFORMATION

Name of Program

Street Address (if different from Applicant organization’s

address)

City

County Zip Code

Type of Program (i.e. Veterans Home Improvement Program):

Projected Number of Housing Units for Home Improvements for proposed Application:

Target Household Income Level: % of area median income

Target Population(s) (i.e. Veterans with disabilities, Veteran minority group, single parent Veterans,

etc.)

Amount of Grant Requested: $ .


of 34

Attachment 2

STATE OF OREGON

OREGON HOUSING AND COMMUNITY SERVICES

GRANT AGREEMENT #

Introduction

This Veterans Home Improvement 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 hereinafter referred to collectively as "OHCS," and (See SOS Business Registry), together with its successors

and assigns hereinafter referred to collectively as "Grantee."

Recitals

A. This Agreement is funded through the document recording fee collected on behalf of OHCS pursuant to the 2009

Housing Opportunity Bill (House Bill 2436).

B. OHCS has reviewed the Grantee’s application (the “Application”) and determined the activities, as hereinafter

defined, are feasible and merit funding. The Application, as approved by OHCS, is incorporated herein by reference.

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 the attached Exhibits and Attachments are incorporated herein by reference.

2. Term of Agreement

Unless terminated or extended, this Agreement covers the period July 1, 2017 through December 31, 2018. 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.

3. Scope of Activities

The work to be performed by Grantee (“Work”) are described in Exhibit A, which is attached and incorporated 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 Scope of Work from the original intended purpose must

be approved in writing by OHCS in order for Grantee to retain use of the Grant funds.

4. Consideration; Reporting

a. OHCS has agreed to make a conditional award of funds to the Grantee in the amount not-to-exceed of

XXXXXXXXX THOUSAND DOLLARS ($XXXXX) (“Grant”). 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.

b. Any desired use of funds by Grantee which differs from the approved Grant Application must first be approved in


of 34

writing by OHCS. 100% of the Grant award must be used for the Work or funding indicated in the Application and may

cover administrative expenses if included in the original approved Application and noted previously in this Section. Any

interest earned by Grantee while the funds are being held by Grantee prior to disbursement to an eligible borrower will not

be restricted in any way.

c. Upon expiration or termination of this Agreement, Grantee shall return all unexpended Grant fund monies to

OHCS within 30 days.

d. Quarterly reports:

Grantee shall complete and submit quarterly a detailed Quarterly Report to OHCS within 30 days after the calendar quarter ends. Each report is due by the 3

rd of each month following quarter regardless if the 3

rd is on the

weekend. If the report is not received by this date and complete, report will be considered late. The calendar

quarters end March 31, June 30, September 30, and December 31. Each Quarterly Report must be complete and satisfactory to OHCS. Grantee also shall provide such additional information and documents to OHCS as OHCS may from time to time require.

1) Secure email will 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) Expectations from OHCS:

A) Please submit email questions to (2) program staff.

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

5. Funding Appropriation

Grant funds specified in the Consideration section of this Agreement may include monies that have not yet been

appropriated to OHCS, but which OHCS anticipates receiving for use in funding this Agreement. All disbursements of

funds by OHCS to Grantee are contingent upon them being lawfully appropriated, allocated, and available to OHCS.

6. Requests for Funds

Grantee shall request Grant funds in such form and manner as is satisfactory to or required by OHCS. All quarterly

reports must be submitted and all requested information is current, before invoice for reimbursement shall be processed.

Agency will consider the business needs regarding the 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.


of 34

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.


of 34

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 – Request for Funds and Quarterly Report

Exhibit B – Data Collection Template

Exhibit C – Work Plan

Exhibit D – Program Budget

Exhibit E - Personally Identifiable Information Letter (“Services”)

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 (unless

Oregon law requires that it be brought and conducted in another 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.


of 34

c. Notwithstanding Section 10(b), 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 and 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, division

44, all federal, state and local laws, regulations, executive orders and ordinances applicable to the 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


of 34

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.


of 34

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.

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.


of 34

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. 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

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

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


of 34

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.

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;


of 34

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, 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:


of 34

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. Attorney Fees

In the event a lawsuit of any kind is instituted on behalf of OHCS or the Grantee with respect to this Agreement, or any

right or claim related thereto, including but not limited to the collection of any payment due under this Agreement or to

obtain performance of any kind under this Agreement, the prevailing party is, to the extent permitted by law, entitled to its

reasonable attorney fees incurred before and during trial, on appeal, in arbitration, in bankruptcy, and in such other forum

or proceeding appropriate thereto, together with such additional sums as the court or hearings officer may adjudge for

reasonable costs and disbursements incurred therein. Reasonable attorney fees shall not exceed the rate charged to the

OHCS by its counsel.

36. Time is of the essence

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

37. 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.

38. Amendments

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

39. Merger Clause

This Agreement and attached exhibits 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.


of 34

40. 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


of 34

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 E-Mail Address: __________________________________

Grantee Address:________________________________________________________________

Contact Person (Type or Print):_________________________________________

Contact Telephone Number: (______) ______________________

Contact E-Mail Address: __________________________________

Hours of Operation: _______________________________________________________

DUNS #: _____________________________

Secretary of State Business Registry #: ____________________________

Fiscal Contact Name: __________________________________________

Title of Fiscal Contact: ________________________________________

Phone #: (____) ______________________________________________


of 34

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: Alycia Howell

Contact Telephone Number: 503-986-2109

E-Mail Address: [email protected]

DEPARTMENT OF JUSTICE

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

_____________________________________________________________________________________.

(The remainder of this page left blank intentionally)


of 34

Exhibit A

Request for Funds and Quarterly Report

OREGON HOUSING AND COMMUNITY SERVICES

FOR QUARTER ENDING:

Housing Agency:

Veterans Home Improvement Program Update:

A. Summary of Program Status

B. Challenges

C. Program Changes

Work Plan/Timeline Status:

A. Provide a narrative of work plan status to date, include accomplishments and setbacks.

Outcomes during the Quarter:

A. Success

B. Measurable Benefits Status

C. Outreach Activities

Additional Information about your Veterans Home Improvement Program.


of 34

Oregon Housing And Community Services

Veterans Invoice Form

Name:

Quarter Ending: Grant Award: $

Date:

Prepared By: Date:

$

Date Date Date

-$

-$

-$

-$

-$

Amount Drawn to

Date

-$

-$

Amount Request

this Draw

Balanace Remaining

-$

-$ -$

-$

-$

Requested

-$ -$ -$

Requested By OHCS Program Analyst

For OHCS Only: Amount Approved: $

Project Activities Original Budget

-$ -$

TOTALS

-$ -$

-$

-$

Budget Revision

X

-$ -$ -$

Certification: We certify that the data reported above is correct and that the amount of this request is not in excess of current needs.

BUDGET REVISION requires written explanation to be provided to OHCS in advance of quarterly due date for approval. (Signatures required for draw)

Authorized By:

-$

X______________________________ X

-$

OHCS Program Manager

-$

-$

-$

-$

-$ -$

-$

Grant Number:

Request #:

-$

-$

-$ -$

-$ -$ -$

Exhibit B

Vets Home Improvement Data Collection Template

Due to the size of this template we are unable to include the template in the RFA document. The

Data Collection Template is attached as a separate template.


of 34

Exhibit C

Work Plan

Work Plans will be submitted with RFA’s.


of 34

Exhibit D

Program Budget

Program Budgets will be submitted with the RFA’s.


of 34

Exhibit E

Personally Identifiable Information Letter

(Date)

(Grantee Name)

Grant Agreement #____

Oregon Housing and Community Services (OHCS) requires that all grantees fully understand policies,

rules, and procedures of grant agreements entered into. Personally Identifiable Information (PII) has been

included in past, recent, and will continue to be collected in all future reports required of all grantees.

In order to maintain security of PII, a new process has been implemented by OHCS. Grantees will receive

two emails for all reports required to be submitted. One email will be sent unsecure to grantees with

directions and attachments. The second email will be sent securely with no attachments along with

instructions on how to securely submit reports containing PII.

The following is a list of PII elements:

Clients Name

Social Security Numbers

Home Address

Birth date

Telephone Number

Personal e-mail Address

Spouses Information

Childs Information

Financial Information

I have read and acknowledge the grant requirements of Grant Agreement #____, and will adhere to all

requirements of the agreement.

Once performance based contracting is in effect, all requirements of the grant agreement will be

monitored. This will include the requirement to securely maintain client’s personal information when

submitting documentation to OHCS. Non-compliance with this requirement will be noted in our system

and the grantee will be notified and reminded of the security measures now being required.

XSign and Date

XSign and Date

Request for Applications (RFA) #4395, Veterans Home Improvement Program …€¦ · 30/6/2017 ·...

Documents

Transcript of Request for Applications (RFA) #4395, Veterans Home Improvement Program …€¦ · 30/6/2017 ·...