9186_RFA_AttA_Sample Grant_Final_20260226_amended.pdf

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Attached to
RFA HOMEOWNERSHIP LANGUAGE ACCESS AND COMMUNITY OUTREACH AND ENGAGEMENT
Solicitation number
S-91400-00016009
Issued by
Marion County, Oregon

About this file

This is a grant agreement template from the State of Oregon Housing and Community Services Department (OHCS) for the Language Access and Community Outreach and Engagement (LACOE) grant program under RFA #S-91400-00016009. The grant is designed to address Oregon's racial disparities in homeownership by increasing visibility of and access to homeownership assistance programs for Communities of Color and other Underserved Populations through culturally and community-specific services. Grantees must implement approved project activities in their designated Service Area during the Performance Period, which runs from the Executed Date through June 30, 2027. The grant supports two primary activity categories: Language Access (including professional translation services, interpretation services, language assistance notices, and Language Access Plans) and Community Outreach and Engagement (including culturally responsive marketing campaigns, community events, curriculum development, relationship building with underserved populations, and staff training in cultural competency). Grant Funds are advanced at 50% upon initial request, with subsequent disbursements tied to expenditure reports and mid-point and final reporting due by July 30, 2027.

Grant Funds are provided from the State of Oregon General Fund with the total amount to be specified in individual grant agreements, with administrative costs limited to 15% of total Grant Funds. Budget adjustments between activity categories are permitted with prior written approval from the Agency's Grant Administrator, provided total expenditures do not exceed the grant award amount. All goods and services must be received and expenses incurred during the Performance Period (between the Executed Date and June 30, 2027). Grantees must maintain detailed financial records in accordance with generally accepted accounting principles and submit biannual expenditure reports using the provided LACOE Expenditure Report Template. The grant requires compliance with the Oregon False Claims Act, maintenance of confidential information security protocols per the Oregon Consumer Information Protection Act, workers' compensation insurance, and commercial general liability insurance of no less than $1,000,000 per occurrence. Grant termination may occur at the Agency's discretion with 30 days' notice or immediately for non-compliance, insufficient funding, changes in law, or uncured defaults.

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RFA #S-91400-00016009 (OHCS #9186) Attachment Homeownership Language Access & Community Outreach and Engagement

OHCS GRANT #PO-91400-[XXXXXX] (OHCS #[4-digit #]) – Language Access/ Community Outreach and Engagement

OHCS Grant, version 20240404 Page 1 of 27 [(PCS initials)]

STATE OF OREGON

GRANT AGREEMENT

Grant No. [XXXX]

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

AUTHORITY

Pursuant to ORS 458.658, Agency is authorized to enter into a grant agreement and provide funding for the purposes described in this Grant.

PURPOSE

The purpose of this Grant is to help address Oregon’s racial disparities in homeownership by increasing the visibility of and access to homeownership assistance programs by Communities of Color and other Underserved Populations, and by tailoring programs to deliver culturally and community-specific services.

EFFECTIVE DATE AND DURATION

When all Parties have executed this Grant, and all necessary approvals have been obtained (“Executed Date”), this Grant is effective and has a Grant funding start date as of [the date on which this Grant is signed by all parties] (“Effective Date”), and, unless extended or terminated earlier in accordance with its terms, will expire on July 30, 2027.

The performance and expenditure period is [the date signed by all parties] through [June 30, 2027].

All goods and services must be received during the Performance Period.

GRANT ADMINISTRATORS

4.1 Agency’s Grant Administrator is:

[NAME]

[ADDRESS]

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

[EMAIL]

OHCS GRANT #PO-91400-[XXXXXX] (OHCS #[4-digit #]) – Language Access/ Community Outreach and Engagement

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4.2 Grantee’s Grant Administrator is:

[NAME]

[ADDRESS]

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

[EMAIL]

4.3 A Party may designate a new Grant Administrator by written notice to the other Party.

PROJECT ACTIVITIES

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

GRANT FUNDS

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

DISBURSEMENT GENERALLY

7.1 Disbursement.

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

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

7.1.3 Agency will only disburse Grant Funds for approved Project activities. If Agency determines that Grantee is responsible for deficiencies in completed Project activities, Agency will prepare and deliver to Grantee a written description of the deficiencies within 15 days of a request for disbursement.

Grantee must correct any identified deficiencies at no additional cost to Agency within 15 days of receiving notice of such deficiency. Grantee may resubmit a request for disbursement that includes evidence satisfactory to Agency showing that the deficiencies were corrected.

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

OHCS GRANT #PO-91400-[XXXXXX] (OHCS #[4-digit #]) – Language Access/ Community Outreach and Engagement

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

7.2.2 No default as described in Section 14 has occurred; and

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

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

REPRESENTATIONS AND WARRANTIES

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

8.1.1 Grantee is a [insert type of entity] duly organized and validly existing;

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

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

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

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

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

8.2 False Claims Act. Grantee acknowledges the Oregon False Claims Act, ORS 180.750 to 180.785, applies to any “claim” (as defined by ORS 180.750) made by (or caused by) Grantee that pertains to this Grant or to the Project. Grantee certifies that no claim described in the previous sentence is or will be a “false claim” (as defined by ORS 180.750) or an act prohibited by ORS 180.755. Grantee further acknowledges in addition to the remedies under Section 15, if it makes (or causes to be made) a false claim or performs (or causes to be performed) an act prohibited under the Oregon False Claims Act, the Oregon Attorney General may enforce the liabilities and penalties provided by the Oregon False Claims Act against Grantee.

8.3 No limitation. The representations and warranties set forth in this section are in addition to, and not in

OHCS GRANT #PO-91400-[XXXXXX] (OHCS #[4-digit #]) – Language Access/ Community Outreach and Engagement

OHCS Grant, version 20240404 Page 4 of 27 [(PCS initials)] lieu of, any other representations or warranties provided by Grantee.

RESERVED

CONFIDENTIAL INFORMATION

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

10.2 Nondisclosure. Grantee agrees to hold Confidential Information as required by any applicable law and in all cases in strict confidence, using at least the same degree of care Grantee uses in maintaining the confidentiality of its own confidential information. Grantee may not copy, reproduce, sell, assign, license, market, transfer, or otherwise dispose of, give, or disclose Confidential Information to third parties, or use Confidential Information except as is allowed by law and for the Project activities and Grantee must advise each of its employees and agents of these restrictions. Grantee must assist Agency in identifying and preventing any unauthorized use or disclosure of Confidential Information. Grantee must advise Agency immediately if Grantee learns or has reason to believe any Confidential Information has been, or may be, used or disclosed in violation of the restrictions in this section. Grantee must, at its expense, cooperate with Agency in seeking injunctive or other equitable relief, in the name of Agency or Grantee, to stop or prevent any use or disclosure of Confidential Information. At Agency’s request, Grantee must return or destroy any Confidential Information. If Agency requests Grantee to destroy any Confidential Information, Grantee must provide Agency with written assurance indicating how, when, and what information was destroyed.

10.3 Identity Protection Law. Grantee must have and maintain a formal written information security program that provides safeguards to protect Confidential Information from loss, theft, and disclosure to unauthorized persons, as required by the Oregon Consumer Information Protection Act, ORS 646A.600- 646A.628. If Grantee or its agents discover or are notified of a potential or actual “Breach of Security,” as defined by ORS 646A.602(1)(a), or a failure to comply with the requirements of ORS 646A.600-628, (collectively, “Breach”) with respect to Confidential Information, Grantee must promptly but in any event within one calendar day (i) notify Agency’s Grant Administrator of such Breach, and (ii) if the applicable Confidential Information was in the possession of Grantee or its agents at the time of such Breach, Grantee must (a) investigate and remedy the technical causes and technical effects of the Breach and (b) provide Agency with a written root cause analysis of the Breach and the specific steps Grantee will take to prevent the recurrence of the Breach or to ensure the potential Breach will not occur. For the avoidance of doubt, if Agency determines notice is required of any such Breach to any individual(s) or entity(ies), Agency will have sole control over the timing, content, and method of such notice, subject to Grantee’s obligations under applicable law.

OHCS GRANT #PO-91400-[XXXXXX] (OHCS #[4-digit #]) – Language Access/ Community Outreach and Engagement

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

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

INDEMNITY

Grantee must indemnify, hold harmless, save, and (subject to ORS chapter 180) defend the State of Oregon, Agency, and their officers, agents, employees, members, and assigns, from all suits, actions, claims, losses, or damages of whatsoever nature, kind, or description related to the Project or resulting from or arising out of the acts, omissions, neglect, or misconduct of Grantee or its contractors, subgrantees, agents, or employees under this Grant or related to the Project.

INSURANCE

12.1 Grantee and any private contractors, subcontractors, or subgrantees must obtain and maintain insurance covering Agency in the types and amounts indicated in Exhibit B.

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

GOVERNING LAW, JURISDICTION

This Grant is governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit, or proceeding (collectively “Claim”) between Agency or any other agency or department of the State of Oregon, or both, and Grantee that arises from or relates to this Grant must be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon; provided, however, if a Claim must be brought in a federal forum, then it will be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event may this section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States, or otherwise, to or from any Claim or from the jurisdiction of any court. GRANTEE, BY EXECUTION OF THIS

GRANT, HEREBY CONSENTS TO THE PERSONAL JURISDICTION OF SUCH COURTS.

OHCS GRANT #PO-91400-[XXXXXX] (OHCS #[4-digit #]) – Language Access/ Community Outreach and Engagement

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DEFAULT

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

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

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

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

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

REMEDIES

15.1 Agency Remedies. In the event Grantee is in default under Section 14.1, Agency may, at its option, pursue any or all of the remedies available to it under this Grant and at law or in equity, including, but not limited to: (i) termination of this Grant under Section 17.2, (ii) reducing or withholding payment for deficient or late Project activities or materials, (iii) requiring Grantee to complete, at Grantee’s expense, additional activities necessary to satisfy its obligations or meet performance standards under this Grant,

(iv) initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, (v) exercise of its right of recovery of overpayments under Section 16 of this Grant or setoff, or both, or (vi) declaring Grantee ineligible for the receipt of future awards from Agency. These remedies are cumulative to the extent the remedies are not inconsistent, and Agency may pursue any remedy or remedies singly, collectively, successively, or in any order whatsoever.

15.2 Grantee Remedies. In the event Agency is in default under Section 14.2 and whether or not Grantee elects to terminate this Grant, Grantee’s sole monetary remedy will be, within any limits set forth in this Grant, reimbursement for Project activities completed and accepted by Agency and authorized expenses incurred, less any claims Agency has against Grantee. In no event will Agency be liable to Grantee for any expenses related to termination of this Grant or for anticipated profits.

WITHHOLDING FUNDS, RECOVERY

OHCS GRANT #PO-91400-[XXXXXX] (OHCS #[4-digit #]) – Language Access/ Community Outreach and Engagement

OHCS Grant, version 20240404 Page 7 of 27 [(PCS initials)]

Grantee must return to Agency within 30 days of Agency’s written demand:

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

16.2 Any Grant Funds received by Grantee that remain unexpended for payment of the Project at the end of the Performance Period;

16.3 Any Grant Funds Agency determines were spent on purposes other than allowable Project activities; or

16.4 Any Grant Funds Grantee received as payment for deficient activities or materials.

Until such time as Grantee returns all Grant Funds to Agency as required above, Agency may withhold Grant Funds due to Grantee under this Grant.

TERMINATION

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

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

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

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

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

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

17.3 By Grantee. Grantee may terminate this Grant immediately upon written notice to Agency if Agency is in default under this Grant and such default remains uncured 15 days after written notice thereof to Agency.

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

MISCELLANEOUS

OHCS GRANT #PO-91400-[XXXXXX] (OHCS #[4-digit #]) – Language Access/ Community Outreach and Engagement

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

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

18.3 Amendments. Except as provided below in subsection 18.3.1, the terms of this Grant may not be altered, modified, supplemented, or otherwise amended, except by written agreement or approved E- Amendments by the Parties.

18.3.1 The following modifications or exceptions to the terms of this Grant (“Modifications”) may be effected by electronic communication (which may include email communication or utilization of Agency’s Procorem system), with Agency’s consent and without a signed amendment so long as the electronic communication clearly demonstrates all material details concerning the Modification and the Modification has been approved by an authorized representative of each Party.

1. Changes to the Project activities and allowable costs specified in Section 3 of Exhibit A.

2. Budget adjustments as permitted in Section 4 of Exhibit A.

18.4 Notice. Except as otherwise expressly provided in this Grant, any notices to be given under this Grant must be given in writing by email, personal delivery, or postage prepaid mail, to a Party’s Grant Administrator at the physical address or email address set forth in Section 4 of this Grant, or to such other addresses as either Party may indicate pursuant to this section. Any notice so addressed and mailed becomes effective five (5) days after mailing. Any notice given by personal delivery becomes effective when actually delivered. Any notice given by email becomes effective upon the sender’s receipt of confirmation generated by the recipient’s email system that the notice has been received by the recipient’s email system.

18.5 Survival. The provisions of this Grant which by their nature are intended to survive expiration or termination of this Grant (including, but not limited to, remedies and record-keeping) will survive.

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

18.7 Counterparts. This Grant may be executed in several counterparts, all of which when taken together constitute one agreement, notwithstanding that all Parties are not signatories to the same counterpart.

OHCS GRANT #PO-91400-[XXXXXX] (OHCS #[4-digit #]) – Language Access/ Community Outreach and Engagement

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Each copy of the Grant so executed constitutes an original.

18.8 Compliance with Law. In connection with their activities under this Grant, the Parties must comply with all applicable federal, state, and local laws. Without limiting the generality of the previous sentence, Grantee agrees that in performing the Project, it shall not unlawfully discriminate on the basis of race, color, national origin, religion, sex, disability, familial status, actual or perceived sexual orientation or gender identity, marital status, age, or any other protected characteristic.

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

18.10 Assignment and Successors. Grantee may not assign or transfer its interest in this Grant without the prior written consent of Agency and any attempt by Grantee to assign or transfer its interest in this Grant without such consent will be void and of no force or effect. Agency’s consent to Grantee’s assignment or transfer of its interest in this Grant will not relieve Grantee of any of its duties or obligations under this Grant. The provisions of this Grant will be binding upon and inure to the benefit of the Parties hereto, and their respective successors and permitted assigns.

18.11 Contracts and Subgrants. Grantee may enter into contracts or subgrants for any of the Project activities required of Grantee under this Grant. Any contract or subgrant will not relieve Grantee of any of its duties or obligations under this Grant.

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

18.13 Records Maintenance and Access. Grantee must maintain all financial records relating to this Grant in accordance with generally accepted accounting principles. In addition, Grantee must maintain any other records, whether in paper, electronic, or other form, pertinent to this Grant in such a manner as to clearly document Grantee’s performance. All financial records and other records, whether in paper, electronic, or other form, that are pertinent to this Grant, are collectively referred to as “Records.” Grantee acknowledges and agrees Agency, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives will have access to all Records to perform examinations and audits and make excerpts and transcripts. Grantee must retain and keep accessible all Records for a minimum of six (6) years following termination of this Grant, or such longer period as may be required by applicable law, or until the conclusion of any audit, controversy, or litigation arising out of or related to this Grant, whichever date is later.

18.14 Fixed Assets. Grantee must, and must cause its subgrantees to, maintain policies and procedures for the management of property and equipment that comply with all requirements of the applicable Code of Federal Regulations, 2 CFR Part 200, Subpart D, and specific requirements of the source of funds. The applicable federal regulations shall apply to all equipment purchased with Agency funding, regardless of source of funds. References in the federal regulations to a federal awarding entity shall be deemed a

OHCS GRANT #PO-91400-[XXXXXX] (OHCS #[4-digit #]) – Language Access/ Community Outreach and Engagement

OHCS Grant, version 20240404 Page 10 of 27 [(PCS initials)] reference to Agency, and references to a non-federal entity shall be deemed a reference to Grantee.

18.15 Headings. The headings in this Grant are for the purpose of reference only and do not limit or otherwise affect any of the terms hereof.

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

• Exhibit A (the “Project”)

• Exhibit B (Insurance)

• Exhibit C ( LACOE Report Template)

• Exhibit D (LACOE Expenditure Report Template)

• Exhibit E (Funds Advance Request)

18.17 Merger, Waiver. This Grant and all exhibits and attachments, if any, constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations – oral or written – not specified herein regarding this Grant. No waiver or consent under this Grant binds either Party unless in writing and signed by both Parties. Such waiver or consent, if made, is effective only in the specific instance and for the specific purpose given.

(The remainder of this page has been left intentionally blank.)

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SIGNATURES

EACH PARTY, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES IT HAS READ THIS GRANT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. The Parties further agree that by the exchange of this Grant electronically, each has agreed to the use of electronic means, if applicable, instead of the exchange of physical documents and manual signatures.

By inserting an electronic or manual signature below, each authorized representative acknowledges that it is their signature, that each intends to execute this Grant, and that their electronic or manual signature should be given full force and effect to create a valid and legally binding agreement.

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

STATE OF OREGON acting by and through its Housing and Community Services Department

By:

[Name, Title] Date

Grant Administrator Approval

[Name, Title] Date

[Grantee Name]

Authorized Signature Date

Printed Name Title

Approved for Legal Sufficiency in accordance with ORS 291.047

By: Not required under OAR 137-045-0030

Date

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EXHIBIT A

THE PROJECT

1. DEFINITIONS

“Communities of Color” means an identity-based community that holds a primary racial identity that describes the racial characteristics of the community that its members share (such as being African American), that supports self-definition by community members, and that typically denotes a shared history and current or historic experiences of racism. The community may or may not also be a geographic community. Given that race is a socially defined construct, the definitions of these communities are dynamic and evolve across time. For the purpose of this Grant, Agency defines a Communities of Color to include Native Americans, Latinos, Asian and Pacific Islanders (further disaggregated according to local preferences), African Americans, African immigrants and refugees, Middle Eastern, and Slavic communities.

“Community Outreach” means an activity of providing services to any population who might not otherwise have access to those services. In addition to delivering services, Community Outreach has an educational role, raising awareness about existing services.

“Culturally Responsive Services” means work tailored to an individual or community’s cultural background, beliefs, knowledge, frames of reference, or specific needs in an Underserved Population. This may include:

• Business practices or strategies in place to understand and address the needs of a particular culture;

• A relevant marketing and outreach plan designed to publicize to Underserved Populations the availability of the new housing opportunities;

• Specific services offered in an individual’s preferred language;

• Development, sponsorship, or management by a diverse and representative leadership; or

• An ongoing service partnership with a Culturally Specific Organization.

Culturally Specific Organization: An entity that provides services to a cultural community and the entity has the following characteristics:

• Majority of members and/or clients must be from a particular cultural community that has faced housing discrimination;

• Organizational environment is culturally focused, and the cultural community being served recognizes it as a culturally-specific entity that provides culturally and linguistically responsive services;

• Majority of staff must be from the cultural community being served, and the majority of the leadership (defined to collectively include board members and management positions) must be from the cultural community being served;

• The entity has a track record of successful community engagement and involvement with the cultural community being served, rooted on a foundation of respect and trust;

and

• The organization engages in advocacy for housing and/or economic justice for the cultural community with their guidance.

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“Language Access Plan” means a plan to address identified needs of the Limited English Proficiency populations.

“Limited English Proficiency” means not speaking English as a primary language and having limited ability to read, speak, write, or understand English.

“Service Area” means the specific geographic area or region within which Grantee will provide program services directly or by contract.

“State” means the state of Oregon.

“Underserved Population” means a population, whether identified by ethnicity, race, culture, place of origin, or another characteristic, with a shortage of or obstacle to homeownership services.

2. BACKGROUND AND GOALS

To meet Agency’s statewide housing plan goal of closing Oregon’s racial homeownership gap, Agency’s Homeownership Division strives to leverage homeownership as a tool that can create stability, promote equity, and build generational wealth. Agency’s Homeownership Division seeks to partner with organizations that demonstrate a commitment to provide services to Underserved Populations and Communities of Color through services that incorporate the cultural values of these communities and identify and use best practices to deliver the services, including language access, to increase service availability and reduce costs to individual providers.

The purpose of this Grant is to provide funding to Grantee to increase visibility and access for Communities of Color and other Underserved Populations to programs and services that assist with homeownership.

Grantee’s Service Area is: [insert cities or counties included in Application].

Specific objectives of this Grant are to:

• Assist Grantee with the cost of facilitating language access to homeownership assistance programs and services;

• Expand Community Outreach and engagement efforts to reach Oregon’s Communities of Color and other Underserved Populations with a shortage or obstacles to homeownership services; and

• Tailor homeownership assistance programs to be more culturally and community responsive.

3. PROJECT ACTIVITIES, ALLOWABLE COSTS, AND BUDGET

Grantee must use the Grant Funds for the activity(ies) marked as included, and described below:

A. Language Access Included in Grant/ Not included in Grant

Funding provided under this category is intended to help create and facilitate access to homeownership programs by community members with Limited English Proficiency, American Sign Language (“ASL”) speakers, and community members with special communication needs

OHCS GRANT #PO-91400-[XXXXXX] (OHCS #[4-digit #]) – Language Access/ Community Outreach and Engagement

OHCS Grant, version 20240404 Page 14 of 27 [(PCS initials)] due to a disability. Grant Funds can be utilized to cover the costs of translating program and outreach materials, providing interpretation services to current or potential program participants, and to provide notice of language assistance to the public. Grant Funds can also be utilized to develop a Language Access Plan that ensures Grantee provides quality and appropriate language services and that staff members are aware of what to do when language assistance is requested, and for other activities that assist persons with language or communication barriers to have meaningful access to Grantee’s homeownership programs.

The activities funded under this category include:

i. Translating program and outreach materials for homeowner and homebuyer services into any non-English language spoken by community members in Grantee’s Service Area.

Costs allowed under this activity include but are not limited to professional translation services; translation reviews or cultural validation to ensure that translations are culturally sensible; adding closed captions or subtitles to videos; and developing materials in ASL.

Note: Translation services must be provided by professional translators with formal and verifiable qualifications including but not limited to proof of American Translator Association Certification or proof of paid translation work for a nonprofit organization, educational institution, social service agency, or public body. In cases where the availability of professional translators is limited or nonexistent due to Grantee’s geographical location or the language needed, Agency may approve the use of non-credentialed translators on a case-by-case basis. The cost of Grantee’s staff time to translate materials is not considered an allowable cost under this activity.

ii. Providing interpretation services for any language spoken by community members in Grantee’s Service Area, including ASL, to facilitate access to homeownership services and activities.

Costs allowed under this activity include but are not limited to interpretation services on site, over the telephone, video remote, or through a virtual platform, and rental of interpretation equipment.

Note: Interpretation services must be provided by professional interpreters with formal and verifiable qualifications including but not limited to proof of Oregon Court Interpreter Certification or other state or national equivalent; proof of Oregon Healthcare Interpreter Certification or national equivalent; or proof of paid interpretation work for a nonprofit organization, educational institution, social service agency, or public body. In cases where the availability of professional or certified interpreters is limited or non-existent due to the language needed, Agency may approve the use of non-credentialed providers on a case-by-case basis. The cost of Grantee’s staff time to provide interpretation for clients or potential clients is not considered an allowable cost under this activity.

iii. Informing the public about the availability of language assistance services to ensure persons with Limited English Proficiency are aware of the services.

OHCS GRANT #PO-91400-[XXXXXX] (OHCS #[4-digit #]) – Language Access/ Community Outreach and Engagement

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Costs allowed under this activity include but are not limited to procuring, developing, printing, and posting notices on Grantee’s website, or in printed materials in building entrances, reception, and other areas where clients and staff interact; developing and printing “I speak” cards; and updating telephone and email answer messages or templates to include language accessibility notices.

iv. Developing a Language Access Plan for Grantee’s organization or Grantee’s homeownership programs.

Costs allowed under this activity include but are not limited to consultation services from appropriate professionals, community-based organizations, and other stakeholders; and engaging community members in the process through focus groups, listening sessions, or surveys .

v. Other activities that contribute to increasing access to homeownership programs and services for individuals with Limited English Proficiency or special communication needs due to disability, as follows:

• [activities described in Grantee’s application and approved by Agency]

• [activities described in Grantee’s application and approved by Agency]

• [activities described in Grantee’s application and approved by Agency]

B. Community Outreach and Engagement Included in Grant/ Not included in Grant

Funding provided under this category is intended to help increase the visibility of homeowner and homebuyer programs and services for Communities of Color, people with disabilities, and other Underserved Populations. Grant Funds can be utilized to conduct Community Outreach and community engagement activities, to offer community or culturally responsive services, to develop culturally responsive materials, to increase Grantee’s skills for effective Community Outreach and community engagement, and for other activities that contribute to increasing the visibility of services.

The activities funded under this category are:

i. Promote homeownership services through community and culturally responsive marketing campaigns or community events.

Costs allowed under this activity include but are not limited to hosting or attending community events (including event space, tables, or booths, and transporting supplies to and from the event); purchasing or developing program marketing, and other promotional materials; and partnering with Culturally Specific Organizations or ethnic media for outreach events or campaigns.

Note: Agency will consider the amount previously spent on marketing materials and promotional items to determine whether additional purchases are allowed.

ii. Offering community or culturally responsive homeownership services, in locations and formats that are meaningful, familiar, and easily accessible to Communities of Color, people with disabilities, and other Underserved Populations.

OHCS GRANT #PO-91400-[XXXXXX] (OHCS #[4-digit #]) – Language Access/ Community Outreach and Engagement

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Costs allowed under this activity include but are not limited to partnering with Culturally Specific Organizations or community-based organizations for specific activities; securing a location or purchasing supplies necessary for the activity, transporting supplies to and from event sites; assisting community members when the cost of attendance is a barrier for participation ; and providing childcare the during workshops.

iii. Purchasing or developing homeownership curriculums and educational materials that incorporate the cultural values of the diverse communities in Grantee’s Service Area.

Costs allowed under this activity include but are not limited to materials in printed, electronic, or audiovisual formats; consultation from appropriate professionals, community-based organizations, and other stakeholders; and providing stipends for community participation in the development of materials through focus groups, listening sessions, or surveys .

iv. Building and strengthening relationships with Underserved Populations and Communities of Color to facilitate and increase their access to Grantee’s homeownership services and opportunities.

Costs allowed under this activity include but are not limited to gathering, analyzing, and sharing community data and feedback through surveys, listening sessions, focus groups, or community meetings; providing stipends for community participation in surveys, focus groups, listening sessions, planning meetings, advisory groups, or volunteer opportunities ; and collaborating with Culturally Specific Organizations or community leadership to develop policies, processes, or opportunities to facilitate Culturally Responsive Service access and delivery.

v. Increasing Grantee’s knowledge and skills to do Community Outreach and engage meaningfully and effectively with Communities of Color, individuals with Limited English Proficiency or communication needs due to a disability, and other Underserved Populations. This includes attending training related to non-discrimination and civil rights, accessibility, reasonable accommodations, diversity, equity, inclusion, and culturally or community-specific homeownership.

Costs allowed under this activity include but are not limited to training registration fees and transportation costs.

o Note: All authorized travel must be reasonable and cost effective and must comply with the Statewide Travel Policy available on the Internet at https://www.oregon.gov/das/Financial/Acctng/Documents/40.10.00.pdf

vi. Other activities that contribute to increasing the visibility of and access to homeowner and homebuyer services by Communities of Color, individuals with Limited English Proficiency, individuals with disabilities, and other Underserved Populations in Grantee’s Service Area, as follows:

• [activities described in Grantee’s application and approved by Agency]

• [activities described in Grantee’s application and approved by Agency]

• [activities described in Grantee’s application and approved by Agency] https://www.oregon.gov/das/Financial/Acctng/Documents/40.10.00.pdf

OHCS GRANT #PO-91400-[XXXXXX] (OHCS #[4-digit #]) – Language Access/ Community Outreach and Engagement

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4. BUDGET

Grant Funds may only be used for the costs of Project activities that occur, including expenses incurred, during the Performance Period. All Grant Funds must be expended, and all goods and services purchased with Grant Funds must be received during the Performance Period.

Administrative Costs are limited to 15% of Grant Funds. Staff costs may be included in program expenses if the costs are directly related to the performance of a specific approved Project activity.

Category Budget

Language Access $

Community Outreach and Engagement Budget $

Administrative Costs $

Total Grant Funds: $

Budget Adjustments. Grantee may expend Grant Funds that differ from the amounts shown for each category or line item shown in the Project budget included in this Exhibit A (the “Budget”) with the prior written approval of Agency’s Grant Administrator, as long as the total amount expended for all Project activities paid for with Grant Funds does not exceed the amount identified in Section 6 of this Grant.

Administrative costs must be charged as described in this Exhibit A, if applicable, regardless of any adjustments to the Budget.

5. PROJECT MONITORING AND REPORTING

A. Monitoring. Agency may monitor Grantee’s activities, including Grantee’s policies and procedures for monitoring any subgrantees, to ensure Grantee and any subgrantees comply with the terms of this Grant and the use of the Grant funds. Monitoring activities may include any action deemed necessary and appropriate by Agency, including but not limited to the following activities:

• On-site or remote Records review;

• Conducting audits;

• On-site inspections;

• Evaluating Grantee’s activities and progress; and

• Providing training or technical assistance.

Agency may use third parties to assist with monitoring activities.

a. Reporting. Grantee must submit reports to Agency using Exhibit C (LACOE Report Template) and Exhibit D ( LACOE Expenditure Report Template). Reports are due as follows:

b. Report due at mid-point of Grant period or six months from the start of the Performance Period, whichever occurs first, and final report due July 30, 2027.

All reports must be complete and satisfactory to Agency. Grantee must also provide additional information and documents to Agency as Agency may require from time to time.

6. DISBURSEMENT PROVISIONS

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Agency will advance Grant Funds in the amount of 50% of the total Grant Funds (the “Advance Disbursement”), , upon receipt of Grantee’s request for such disbursement. Grantee request for disbursement must use Exhibit E (Funds Advance Request).

The first disbursement must be requested within thirty (30) days of the Executed Date. Subsequent request must also include Exhibit D (LACOE Expenditure Report Template) and must be made in conjunction with the submission of the reports specified about in Section 5.B., except that the first subsequent request may be made upon the earlier of (i) the submission of the first report or (ii) when 80% of the Advance Disbursement has been expended

Following the first subsequent disbursement request, if Grantee expends all previously disbursed Grant Funds before the next report and request for disbursement is due, Grantee may submit its next request for disbursement earlier than scheduled.

If Grantee is unable to utilize the disbursed amount by the due date of the first report, Grantee may carry the unspent balance forward. Agency will work with Grantee to ensure that subsequent requests for disbursement match Grantee's ability to use the Grant Funds and complete activities timely as planned.

Whether or not Grantee submits additional requests for disbursement between the regular report due dates, Grantee must still submit Exhibit C (LACOE Report Template) and Exhibit D ( LACOE Expenditure Report Template) by the required due dates.

In cases where Grantee has not utilized 30% of the Advance Disbursement by the due date of the first report, Agency will work with Grantee to reassess Grantee’s ability to complete the activities as planned and to explore solutions to promote Grantee’s success while achieving this Grant’s goals.

Grantee’s final request for disbursement must be submitted to Agency no later than 45 days before the expiration or termination of this Grant.

OHCS GRANT #PO-91400-[XXXXXX] (OHCS #[4-digit #]) – Language Access/ Community Outreach and Engagement

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EXHIBIT B

INSURANCE

INSURANCE REQUIREMENTS:

Grantee shall obtain at Grantee’s expense the insurance specified in this exhibit prior to performing under this Agreement. Grantee shall maintain such insurance in full force and at its own expense throughout the duration of this Agreement, as required by any extended reporting period or continuous claims made coverage requirements, and all warranty periods that apply. Grantee shall obtain the following insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State of Oregon and that are acceptable to Agency. All coverage shall be primary and non-contributory with any other insurance and self-insurance, with the exception of Professional Liability and Workers’ Compensation. Grantee shall pay for all deductibles, self-insured retention, and self-insurance, if any.

If Grantee maintains broader coverage and/or higher limits than the minimums shown in this exhibit, Agency requires and shall be entitled to the broader coverage and/or higher limits…

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