City Auditor - City Recorder - Council Ordinance - 176725 HAP Consolidated Rental Housing Services contract

An Agreement between the City of Portland, Oregon (CITY), and the Housing Authority of Portland (HAP) (SUBRECIPIENT) to provide Consolidated Rental Housing Services.

1. The Housing Authority of Portland (HAP) is a lead community agency in the provision of affordable housing and housing services to low-income residents of Multnomah County.

2. The City’s Bureau of Housing and Community Development (BHCD) and Corporate GIS Services are developing Housing Connections, a web-based community housing information system.

3. The City of Portland conducted a Request for Proposals in December 2001 to solicit bids from community agencies to provide a consolidated array of housing services to low-income renters. These services included coordination of the Fresh Start Program, Affordable Housing Information and Referral, Relocation Assistance as well as Rental Housing Search Assistance Services in order to implement Housing Connections in the City of Portland.

4. HAP submitted a proposal to provide consolidated rental housing services that responded to all components of the RFP. A selection committee comprised of housing agency staff and other stakeholders recommended that the City award a contract to HAP to provide the package of housing services.

5. The City and the Housing Authority of Portland now desire to enter into a formal agreement in the sum of $375,361 for the provision of Consolidated Rental Housing Services.

I. Scope of Services The Housing Authority of Portland will provide the following services:

1. HAP will serve as lead community partner in the implementation of Housing Connections, the City’s web-based affordable housing information tool, within the City of Portland.

HAP will develop, staff and maintain a public access and consumer assistance program for low-income residents of the City of Portland to access the information available through Housing Connections. HAP may, through funding outside of this Agreement, extend some or all of the components of this program to residents of Multnomah County outside of the City of Portland. The will, at minimum, consist of the following components:

(a) Housing Connections Phone Assistance: HAP will develop, publicize, maintain and staff a telephone line dedicated to Housing Connections. The phone line will provide access for low-income residents to receive assistance with finding housing and locating appropriate housing service providers through Housing Connections. The hours of operation and staffing strategy will be developed in consultation with BHCD and the Housing Connections Advisory Committee.

(b) Housing Connections Walk-in Assistance: HAP will develop, publicize, maintain and support walk-in consumer access to at least three self-help Housing Connections “kiosk” access centers within the City of Portland. These access centers will include computer work stations where low-income residents can utilize Housing Connections, staff presence to provide basic assistance in making use of the station and a local telephone that consumers can use to telephone landlords or service providers they locate through Housing Connections. BHCD will provide computer hardware sufficient to access Housing Connections from the kiosk sites.

(c) HAP Staff Orientation: HAP staff responsible for the delivery of Housing Connections Services will orient all HAP front-line and customer service staff on the use of Housing Connections. This will provide broad back-up and consistency within the entire agency on responding to customers with housing needs that extend beyond HAP general business areas that can be met by Housing Connections.

(1) HAP will ensure adequate means of access to the customer assistance program for Housing Connections for customers with disabilities and for customers with limited English language proficiency.

(2) Where necessary, HAP will access translation and interpretation services and will employ bilingual staff to achieve this objective.

(4) HAP will conduct outreach to community agencies that serve the disabled and limited-English clients and communities to make them aware of Housing Connections and HAP’s lead agency role.

(a) In developing its Housing Connections customer access system, HAP will establish and expand effective links and partnerships with the existing housing and homeless delivery systems.

(b) HAP and BHCD will jointly develop Housing Connections information and referral protocols. These protocols will be developed with input from the broad network of agencies performing housing and homeless information and referral and will have the objective of making the client experience more efficient and streamlined.

The City will have primary responsibility for the marketing of Housing Connections, including the development of branded marketing materials. HAP will support the marketing of Housing Connections, including HAP-provided customer service, within the City of Portland by:

(b) Including branded Housing Connections service information in HAP’s brochures and other print media.

(c) Incorporating Housing Connections marketing materials provided by the City into HAP client orientations and training sessions.

(d) Promoting Housing Connections with landlords affiliated with HAP’s Section 8 Programs using materials provided by the City.

(e) Listing and marketing HAP-owned affordable housing projects within Housing Connections.

(f) Other means as recommended by BHCD and/or the Housing Connections Advisory Committee.

HAP, or an approved subcontractor of HAP, will promote, market and expand the Fresh Start Program, which assists low-income renters who have credit and criminal history barriers to obtain affordable housing. HAP, or an agency with whom HAP subcontracts with the approval of BHCD, shall provide the following services:

1. Facilitate Fresh Start Advisory Committee: Work with staff at the Portland Housing Center and BHCD to revive and facilitate this previously-constituted advisory committee that set up procedures and protocols for the Fresh Start program. The committee will:

(b) Advise the Fresh Start Program on procedures and protocols for lease agreements, selection criteria, agency agreements and agency participation.

2. Expand the Number of Rental Properties Accepting Fresh Start: Participate in the marketing of Fresh Start to landlords, including the following activities:

(a) Develop a Fresh Start marketing plan in consultation with the Advisory Committee. The marketing plan should specifically address marketing to properties with family sized-units, to Community Development Corporations and to properties outside of the downtown core.

(b) Increase the number of rental properties, including, but not limited to, properties owned by HAP, which accept Fresh Start. HAP will consider Fresh Start participation as a rating criteria in provider RFPs for HAP-controlled properties.

(d) Document Fresh Start success in maintaining productive tenancies by keeping data on the tenure and success rate of Fresh Start referrals.

(e) Successfully implement a Fresh Start Guarantee Program to create an incentive for landlords to participate in the program by mitigating their risk in accepting tenants with higher-risk backgrounds.

3. Fresh Start Tenant Guarantee Program: Subrecipient or its designee will develop and implement a Program that will provide financial guarantees for landlords who agree to enter into rental agreements with tenants under the Fresh Start partnership as follows:

(a) The City will set aside funds from the Housing Investment Fund (HIF) in the amount of $168,602 for the Fresh Start Claim Fund during the period covered by this Agreement.

(b) Subrecipient or its designee will develop a set of protocols and agreements in consultation with the Fresh Start Advisory Committee that will provide limited financial guarantees to landlords of Fresh Start tenant performance under the first year of the rental agreement. The purpose of the guarantee will be to cover a limited amount of potential costs, such as unpaid rent or damage expenses, relating to the first year of tenancy of the Fresh Start participant. The goal of the guarantee program will be to create financial incentives for landlords participate in Fresh Start. The policies and protocols will reflect the purpose and goal of the fund.

(c) Subrecipient or its designee will administer the Guarantee Fund within the City of Portland on behalf of the City. Administration will include:

(1) Entering into written agreements with landlords, tenants and participating agencies to attach financial guarantees to Fresh Start tenancies;

(2) Managing the number and amount of total Guarantees obligated against the fund in a fiscally responsible manner that conserves the funds liability while executing its purpose;

(3) Developing and administering a claims procedure that provides procedural fairness, reasonable efficiency in claims processing and basic safeguards against fraud and abuse;

(d) Claims against the Fresh Start Tenant Guarantee Fund will be administered by Subrecipient or its designee as follows:

(1) Only landlords and property managers will be eligible to make claims against the guarantee;

(2) Maximum claim amounts will be limited by the underlying Fresh Start Agreement and by written program procedures;

(4) Unless the City notifies the Subrecipient in writing of an extension, Subrecipient shall not obligate any guarantee that could present a claim against the fund after June 30, 2004;

(5) Other claims procedures, not in conflict with the foregoing, may be adopted by the Subrecipient or its designee to provide for smooth claims administration;

1. City of Portland Code Enforcement Program: Subrecipient will provide limited relocation assistance to low-income residents of the City of Portland who are displaced as a result of actions taken to enforce the City of Portland Building Code, including building closure and vacancy orders issued by City’s Office of Planning & Development Review (OPDR) and Fire Bureau because of unsafe housing conditions as follows:

(a) Coordinate with OPDR and Fire Bureau staff to expedite referral of eligible households to the Program;

(d) Adopt standards and limits for the provision of reasonable financial assistance to eligible households to assist with the expenses of relocation, including, but not limited to, interim shelter cost, moving expenses, and move-in costs. Standards shall be adopted to conserve program funding to serve a projected 4-6 households during a fiscal year.

2. Elevated Blood Lead Level (EBL) Relocation Program: Subrecipient will provide limited relocation assistance to low-income rental households in Multnomah County with a child under seven years of age in the household who has been identified by the Multnomah County Health Department to have an elevated blood level above 15 mg/dL. Services will be provided as follows:

(a) Coordinate with the Multnomah County Health Department staff to ensure expedited and efficient referrals of eligible households;

(e) Assisted households should receive the necessary support needed to ensure that relocation housing is lead safe.

D. Any changes to this scope of services or changes to the budgeted line items shall be requested in writing by the Housing Authority of Portland and approved in writing by the Project Manager.

E. If program income is received due to work performed by any staff person receiving wages or salary under this contract, such income is to be accounted for and used to offset contract expenditures.

A. HAP will be compensated for the above-described services, including claims against the Fresh Start Guarantee Fund by the City of Portland pursuant to the budget attached as Attachment A.

B. HAP will submit vendor receipts for materials and services, etc, and evidence of payment for the program staff salaries.

C. It is agreed that total compensation under this agreement shall not exceed THREE HUNDRED SEVENTY-FIVE THOUSAND, THREE HUNDRED AND SIXTY-ONE DOLLARS ($375,361).

A. The City Project Manager for the services described herein shall be Andy Miller or such other person as shall be designated in writing by the Director of the Bureau of Housing & Community Development.

B. The City Project Manager is authorized to approve work and billings hereunder, to give notices referred to herein, to terminate this Agreement as provided herein, and to carry out any other City action referred to herein.

The Subrecipient shall prepare and submit the following reports to the Bureau of Housing & Community Development.

A. A quarterly report summarizing progress toward the achievement specified in timelines, milestones, performance measures herein. Quarterly reports are due 30 days after the end of the quarter--October 31, January 31 and April 30.

1. Statistics on the number of clients served including demographic information specified as necessary by the City.

A. Project Time-Line and Mile Stones: HAP shall undertake reasonable efforts to achieve the following milestones by the dates indicated:

1. July 31, 2002 – Implement the Housing Connections Phone Assistance Component.

2. September 30, 2002 – Develop at least one Housing Connections Access Center to provide staffed walk-in assistance for self-help use of Housing Connections. Convene Fresh Start Advisory Committee.

3. December 31, 2002 – Implement Fresh Start Guarantee Program. Develop second Housing Connections Access Center.

1. Housing Connections Service Delivery: Provide customer assistance to at least 500 low-income Portland residents to access information from Housing Connections by phone or in-person, including self-help access.

2. Fresh Start Program Delivery: Develop partnerships with 10 new properties to accept Fresh Start Referrals

3. Safe Housing Relocation: Provide relocation assistance pursuant to the scope of services to up to:

1. An increasing number of low-income residents will identify HAP as a place to access the housing system and to obtain accurate housing information by phone.

2. HAP will establish itself as a critical partner in a linked, streamlined system of housing and homeless services. Customers of HAP will experience and report higher levels of satisfaction when accessing the housing system.

3. The Fresh Start Program will expand housing opportunities for low-income residents facing housing barriers relating to industry-standard tenant selection criteria.

4. A limited number of households will be relocated to lead-safe and habitable housing.

A. TERMINATION FOR CAUSE. In accordance with 24 CFR 85.43, if, through any cause, the Subrecipient shall fail to fulfill in timely and proper manner his/her obligations under this Contract, or if the Subrecipient shall violate any of the covenants, agreements, or stipulations of this Contract, the City may avail itself of such remedies as cited in 24 CFR 85.43 by giving written notice to the Subrecipient of such action and specifying the effective date thereof at least 30 days before the effective date of such action. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Subrecipient under this Contract shall, at the option of the City, become the property of the City and the Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents.

Notwithstanding the above, the Subrecipient shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Subrecipient, and the City may withhold any payments to the Subrecipient for the purpose of setoff until such time as the exact amount of damages due the City from the Subrecipient is determined.

B. TERMINATION FOR CONVENIENCE. In accordance with 24 CFR 85.44, the City and Subrecipient may terminate this contract at any time by mutual written agreement. If the Contract is terminated by the City as provided herein, the Subrecipient will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Subrecipient covered by this Contract less payments of compensation previously made.

C. ENFORCEMENT AND REMEDIES. In the event of termination under section A hereof by the City due to a breach by the Subrecipient, then the City may complete the work either itself or by agreement with another subrecipient, or by a combination thereof. In the event the cost of completing the work exceeds the amount actually paid to the Subrecipient hereunder plus the remaining unpaid balance of the compensation provided herein, then the Subrecipient shall pay to the City the amount of excess. Allowable costs shall be determined in accordance with 24 CFR 85.43(c).

The remedies provided to the City under sections A and C hereof for a breach by the Subrecipient shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are available.

In the event of breach of this contract by the City, then the Subrecipient's remedy shall be limited to termination of the contract and receipt of payment as provided in section B hereof.

In the event of termination under Section A, the City shall provide the Subrecipient an opportunity for an administrative appeal to the Bureau Director.

D. CHANGES. The City or Subrecipient may, from time to time, request changes in writing in the scope of services or terms and conditions hereunder. Such changes, including any increase or decrease in the amount of the Subrecipient's compensation, shall be incorporated in written amendments to this contract. Changes to the scope of work, budget line items, timing, reporting, or performance measures may be approved by the Project Manager.

Significant changes to the scope of work, performance measures, or compensation must be approved by ordinance of the City Council.

E. NON-DISCRIMINATION. During the performance of this Contract, the Subrecipient agrees as follows:

1. The Subrecipient will comply with the non-discrimination provisions of Title VI of the Civil Rights Act of 1964 (24 CFR 1), Fair Housing Act (24 CFR 100), and Executive Order 11063 (24 CFR 107).

2. The Subrecipient will comply with prohibitions against discrimination on the basis of age under Section 109 of the Act as well as the Age Discrimination Act of 1975 (24 CFR 146), and the prohibitions against discrimination against otherwise qualified individuals with handicaps under Section 109 as well as section 504 of the Rehabilitation Act of 1973 (24 CFR 8).

3. The Subrecipient will comply with the equal employment and affirmative action requirements of Executive Order 11246, as amended by Order 12086 (41 CFR 60).

4. The Subrecipient will comply with the equal employment and non-discrimination requirements of Portland City Code Sections 3.100.005 (City Policies Relating to Equal Employment Opportunity, Affirmative Action and Civil Rights), 3.100.042 (Certification of Contractors), and Chapter 23 – Civil Rights.

F. SECTION 3: The Subrecipient will comply with the training and employment guidelines of Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C. 1701a), and regulations pursuant thereto (24 CFR Part 135).

G. ACCESS TO RECORDS. The City, HUD, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, general organizational and administrative information, documents, papers, and records of the Subrecipient which are directly pertinent to this contract, for the purpose of making audit or monitoring, examination, excerpts, and transcriptions. All required records must be maintained by the Subrecipient for four years after the City makes final payments and all other pending matters are closed.

H. MAINTENANCE OF RECORDS. The Subrecipient shall maintain fiscal records on a current basis to support its billings to the City. The Subrecipient shall retain fiscal as well as all records relating to program management and operation, program beneficiaries, demographics and eligibility for inspection, audit, and copying for four years from the date of completion or termination of this contract. The City or its authorized representative shall have the authority to inspect, audit, and copy on reasonable notice and from time to time any records of the Subrecipient regarding its billings or its work here under.

I. AUDIT OF PAYMENTS. The City, either directly or through a designated representative, may audit the records of the Subrecipient at any time during the four year period established by Section H above.

If an audit discloses that payments to the Subrecipient were in excess of the amount to which the Subrecipient was entitled, then the Subrecipient shall repay the amount of the excess to City.

J. INDEMNIFICATION. The Subrecipient shall hold harmless, defend, and indemnify the City and the City's officers, agents and employees against all claims, demands, actions, and suits (including all attorney fees and costs) brought against any of them arising from the Subrecipient's work or any subcontractor's work under this contract.

(a) The Subrecipient shall maintain public liability and property damage insurance that protects the Subrecipient and the City and its officers, agents, and employees from any and all claims, demands, actions, and suits for damage to property or personal injury, including death, arising from the Subrecipient's work under this contract. The insurance shall provide coverage for not less than $200,000 for personal injury to each person, $500,000 for each occurrence, and $500,000 for each occurrence involving property damages; or a single limit policy of not less than $500,000 covering all claims per occurrence. The limits of the insurance shall be subject to statutory changes as to maximum limits of liability imposed on municipalities of the state of Oregon during the term of the agreement. The insurance shall be without prejudice to coverage otherwise existing and shall name as additional insureds the City and its officers, agents, and employees. Notwithstanding the naming of additional insureds, the insurance shall protect each insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured. The coverage must apply as to claims between insureds on the policy. The insurance shall provide that it shall not terminate or be canceled without 30 days written notice first being given to the City Auditor. If the insurance is canceled or terminated prior to completion of the contract, the Subrecipient shall provide a new policy with the same terms. The Subrecipient agrees to maintain continuous, uninterrupted coverage for the duration of the contract. The insurance shall include coverage for any damages or injuries arising out of the use of automobiles or other motor vehicles by the Subrecipient.

(b) The Subrecipient shall maintain on file with the City Auditor a certificate of insurance certifying the coverage required under subsection (a). The adequacy of the insurance shall be subject to the approval of the City Attorney. Failure to maintain liability insurance shall be cause for immediate termination of this agreement by the City.

In lieu of filing the certificate of insurance required herein, the Subrecipient shall furnish a declaration that the Subrecipient is self-insured for public liability and property damage for a minimum of the amounts set forth in ORS 30.270.

(a) The Subrecipient, its subcontracts, if any, and all employers working under this Agreement are subject employers under the Oregon Worker's compensation law and shall comply with ORS 656.017, which requires them to provide worker's compensation coverage for all their subject workers. A certificate of insurance, or copy thereof, shall be attached to this Agreement and shall be incorporated herein and made a term and part of this Agreement. The Subrecipient further agrees to maintain worker's compensation insurance coverage for the duration of this Agreement.

(b) In the event the Subrecipient's worker's compensation insurance coverage is due to expire during the term of this Agreement, the Subrecipient agrees to timely renew its insurance, either as a carrier-insured employer or a self-insured employer as provided by Chapter 656 of the Oregon Revised Statutes, before its expiration, and the Subrecipient agrees to provide the City of Portland such further certification of worker's compensation insurance as renewals of said insurance occur.

(c) If the Subrecipient believes itself to be exempt from the worker's compensation insurance coverage requirement of (a) of this subsection, the Subrecipient agrees to accurately complete the City of Portland's Questionnaire for Worker's Compensation Insurance and Qualification as an Independent Contractor prior to commencing work under this Agreement. In this case, the Questionnaire shall be attached to this Agreement and shall be incorporated herein and made a term and part of this Agreement. Any misrepresentation of information on the Questionnaire by the Subrecipient shall constitute a breach of this Agreement. In the event of breach pursuant to this subsection, City may terminate the agreement immediately and the notice requirement contained in Section A, TERMINATION FOR CAUSE, hereof shall not apply.

M. SUBCONTRACTING AND ASSIGNMENT. The Subrecipient shall not sub-contract its work under this contract, in whole or in part, without the written approval of the City. The Subrecipient shall require any approved subcontractor to agree, as to the portion subcontracted, to fulfill all obligations of the Subrecipient as specified in this contract. Notwithstanding City approval of a subcontractor, the Subrecipient shall remain obligated for full performance hereunder, and the City shall incur no obligation other than its obligations to the Subrecipient hereunder. The Subrecipient agrees that if subcontractors are employed in the performance of this contract, the Subrecipient and its subcontractors are subject to the requirements and sanctions of ORS Chapter 656, Workers' Compensation. The Subrecipient shall not assign this contract in whole or in part or any right or obligation hereunder, without prior written approval of the City.

The subcontractor shall be responsible for adhering to all regulations cited within this contract.

N. INDEPENDENT CONTRACTOR STATUS. The Subrecipient is engaged as an independent contractor and will be responsible for any federal, state, or local taxes and fees applicable to payments hereunder.

The Subrecipient and its subcontractors and employees are not employees of the City and are not eligible for any benefits through the City, including without limitation, federal social security, health benefits, workers' compensation, unemployment compensation, and retirement benefits.

O. CONFLICTS OF INTEREST. No City officer or employee, during his or her tenure or for one year thereafter, shall have any interest, direct, or indirect, in this contract or the proceeds thereof.

No board of director member or employee of the Subrecipient, during his or her tenure or for one year thereafter, shall have any interest, direct, or indirect, in this contract or the proceeds.

No City Officer or employees who participated in the award of this contract shall be employed by the Subrecipient during the contract.

On CDBG-funded projects, the Subrecipient shall further comply with the conflict of interest provisions cited in 24 CFR 570.611.

P. CONTRACT ADMINISTRATION, 24 CFR 570.502(b). The Subrecipient shall comply with the applicable provisions of OMB Circular Nos. A-122, A-21, A-133 and A-110 as described by 24 CFR 570.502(b) and 570.610.

Q. OREGON LAWS AND FORUM. This contract shall be construed according to the laws of the State of Oregon.

Any litigation between the City and the Subrecipient arising under this contract or out of work performed under this contract shall occur, if in the state courts, in the Multnomah County court having jurisdiction thereof, and if in the federal courts, in the United States District Court for the State of Oregon.

R. AVAILABILITY OF FUNDS. It is understood by all parties to this contract that the funds used to pay for services provided herein are provided to the City through a grant from the U.S. Department of Housing and Urban Development. In the event that funding is reduced, recaptured, or otherwise made unavailable to the City as a result of federal action, the City reserves the right to terminate the contract as provided under Section B hereof, or change the scope of services as provided under Section D hereof.

S. PROGRAM INCOME/PERSONAL PROPERTY. For Community Development Block Grant-funded projects, the Subrecipient shall comply with provisions of 24 CFR 570.504 regarding program income. Program income shall be retained by the Subrecipient provided that it shall be used only for those activities identified in the Scope of Services, and shall be subject to all provisions of this contract.

T. COMPLIANCE WITH LAWS. In connection with its activities under this contract, the Subrecipient shall comply with all applicable federal, state, and local laws and regulations. For Community Development Block Grant-funded projects, the Subrecipient shall carry out its activities in compliance with 24 CFR 570 Subpart K, excepting the responsibilities identified in 24 CFR 570.604 and 570.612.

In the event that the Subrecipient provides goods or services to the City in the aggregate in excess of $2,500 per fiscal year, the Subrecipient agrees it has certified with the City's Equal Employment Opportunity certification process.

U. PROGRAM AND FISCAL MONITORING. The City through the Bureau of Housing and Community Development shall monitor on a regular basis to assure contract compliance. Such monitoring may include, but are not limited to, on site visits, telephone interviews, and review of required reports and will cover both programmatic and fiscal aspects of the contract. The frequency and level of monitoring will be determined by the City Project Manager.

V. EXPIRATION/REVERSION OF ASSETS. For Community Development Block Grant-funded projects, the Subrecipient shall comply with the Reversion of Assets provision of 24 CFR 570.503 (b)(8).

W. RELOCATION, ACQUISITION AND DISPLACEMENT. The Subrecipient agrees to comply with 24 CFR 570.606 relating to the acquisition and disposition of all real property utilizing grant funds, and to the displacement of persons, businesses, non-profit organizations and farms occurring as a direct result of any acquisition of real property utilizing grant funds. The Subrecipient agrees to comply with applicable City of Portland ordinances, resolutions and policies concerning displacement of individuals from their residences.

X. PROGRAM ACCESS BY THE DISABLED. The Subrecipient shall, to the maximum feasible extent, follow the Bureau of Housing and Community Development's guidelines on ensuring interested persons can reasonably obtain information about, and access to, HUD-funded activities.

Y. SEVERABILITY. If any provision of this agreement is found to be illegal or unenforceable, this agreement nevertheless shall remain in full force and effect and the provision shall be stricken.

Z. INTEGRATION. This agreement contains the entire agreement between the City and the Subrecipient and supercedes all prior written or oral discussions or agreements.

AA. LABOR STANDARDS. The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours, the Safety Standards Act, the Copeland "Anti-Kickback" Act (40 U.S.C 276, 327-333) and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this contract. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City of Portland for review upon request.

The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property designed for residential use for less than eight (8) households, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this contract, shall comply with federal requirements adopted by the City of Portland pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR, Parts 3, 15 and 7 governing the payment of wages and ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph, for such contracts in excess of $20,703.00.

BB. FLOOD DISASTER PROTECTION. The Subrecipient agrees to comply with the requirements of the Flood Disaster Protection Act of 1973 (P.L.-2234) in regard to the sale, lease or other transfer of land acquired, cleared or improved under the terms of this contract, as it may apply to the provisions of this contract.

CC. LEAD-BASED PAINT. The Subrecipient agrees that any construction or rehabilitation of residential structure with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, and in particular Sub-Part B thereof. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants or properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning.

DD. FUND-RAISING. City-funded dollars may be used to cover expenses directly related to the contracted project. Costs associated with general agency fund-raising activities are not eligible.

EE. PUBLICITY. Publicity regarding the project shall note participation of the City through the Bureau of Housing and Community Development.

FF. LOBBYING. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

The Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreement) and that all Subcontractors shall certify and disclose accordingly.

GG. CHURCH/STATE. The Subrecipient agrees to comply with the applicable provisions of 24 CFR 570.200(j) or 24 CFR 576.22 regarding the use of federal funds by religious organizations.

HH. TARGETING. Each year the City designates target areas, which receive focused services through the Bureau of Housing and Community Development. As appropriate, the Subrecipient may be asked to provide marketing and outreach for its services and/or collect demographic information on its clients, relative to these target areas. Boundaries of target areas will be provided to any Subrecipient who is asked to provide such information and assistance.

II. TRAINING. The Bureau of Housing and Community Development will provide training for all new Contractors and for Contractors who have experienced significant organizational changes, which would warrant training. This training may be carried out on an individual basis or as part of a general training program, at the discretion of the City.

JJ. INDEPENDENT FINANCIAL AUDITS/REVIEWS. Any subrecipient receiving $300,000 or more in federal funds, from all sources, in any program year is required to obtain an independent audit of the federally funded program(s), in compliance with federal OMB Circular A-133. Any subrecipient receiving between $25,000 and $300,000 in federal funds, from all sources, in any program is required to obtain an independent financial review. Additionally, contractors receiving between $25,000 and $300,000 in federal funds may be required to obtain an A-133 audit, if the City believes it is warranted. Two copies of all required financial audits or reviews will be submitted to the designated City Project Manager within 30 days of their completion.

The terms of this Agreement shall be effective as of July 1, 2002, and shall remain in effect during any period the Subrecipient has control over Federal funds, including program income. The Agreement shall terminate as of June 30, 2003, except with respect to the Fresh Start Guarantee Fund, which shall remain in place and covered by this Agreement until June 30, 2004.

Line Item	Subtotal	*Budget*

Project Staffing, Materials and Services (CDBG)		$148,239
Fresh Start Guarantee Fund (HIF)		$168,602
Safe Housing Relocation (Lead Fund) (CDBG)		$45,000
Safe Housing Relocation (Code Fund) (CDBG)		$13,520
Contract Total		$375,361