CFDA#14.241

EXHIBIT A

AGREEMENT NO.

An Agreement between the City of Portland, Oregon (City) and the Cascade AIDS Project (Subrecipient) to provide transitional housing, to acquire and maintain furniture for individuals with HIV/AIDS who are moving to transitional and independent living, to provide resident services coordination and to administer the Rental Assistance Fund at selected Portland area housing sites for persons with HIV/AIDS and their families.

RECITALS:

1.  The City has been awarded funds from the Housing Opportunities for Persons with AIDS (HOPWA) program of the U.S. Department of Housing and Urban Development to fund projects within a six county area that assist individuals with HIV/AIDS.

2.  The Cascade AIDS Project (CAP) has submitted a proposal to provide a Transitional Housing Program serving 17-20 households that include a person with HIV/AIDS who is homeless or at-risk of homelessness, to maintain the Warehouse Project, providing furniture and furnishings to 50 homeless, low-income clients transitioning to independent living, and assisting them in moving to their transitional or permanent home, to provide resident services coordination at Portland HOPWA housing developments where CAP is a contracted service provider, and to administer the Rental Assistance Fund that will assist current HOPWA tenants in HOPWA-funded community facilities - McCoy Village, PCRI Scattered Site, Project Open Door and Nathaniel’s Way - by paying the difference between tenant contribution to rent and project rent.

3.  The Cascade AIDS Project has the experience and capacity to provide these services.

4.  Funding for these services is available in the FY 2002-03 Bureau of Housing and Community Development (BHCD) Budget through the HOPWA and General Fund.

5.  The City now wishes to enter into an agreement with Cascade AIDS Project in the amount of $439,125 to provide these housing services.

AGREED:

I.  Scope of Services: The Subrecipient will provide the services described below for the duration of the contract. Services shall be provided only to eligible persons. For the purpose of this contract, an eligible person is defined to mean a person living with HIV, AIDS or related diseases and the person's family with a gross household income at or below 80% of the area median income for the Portland-Vancouver area as published by HUD. Family means a household composed of two or more related persons and also includes one or more eligible persons living with another person or persons who are determined to be important to their care or well being. Subrecipient shall maintain documentation that services are rendered only to eligible persons.

A.  WAREHOUSE PROJECT ($54,857):

1.  Cascade AIDS project will provide .75 FTE for a Warehouse Coordinator to undertake the following services for people with AIDS who are moving into transitional or independent living.

a.  Serve 50 clients, transitioning from homelessness and/or are low-income, with items garnered through the Warehouse Project.

b.  Furnish and set up an additional 10-15 units of transitional housing.

c.  Solicit and receive a minimum of 100 donated items.

d.  Provide moving assistance to at least 10 clients who will be relocating their own furnishings to a new home.

2.  The program will be delivered in a manner consistent with all regulations governing the Housing Opportunities for Persons with AIDS Program 24 CFR Part 574.

3.  Cascade AIDS Project will provide quarterly reports to the Bureau of Housing Community Development including: amount of furniture acquired, number of households assisted with furniture, number of families assisted in their moving, and associated racial/ethnic data of these households. The reports are due within 30 days of the end of the quarter.

4.  A final report will include a summary of demographic information on all clients participating in the program, and a narrative summary of all activities undertaken by the Project that evaluates its strengths as well as areas for improvement.

B.  TRANSITIONAL HOUSING PROGRAM ($192,186):

1.  The Subrecipient will serve 17-20 eligible persons and their families by securing or stabilizing the rent at housing units renting at or below the current FMR. At least 3 of the secured or subsidized units shall be located outside of Multnomah County in the Portland EMA and Subrecipient shall emphasize geographic dispersal of units to serve the entire EMA as practicable. The Subrecipient will reserve the units with property owners by a means that most effectively conserves resources and shall take steps to minimize vacancy loss in the Transitional Housing Program. The Subrecipient will furnish the units if needed.

2.  The Subrecipient will identify, screen and place persons with HIV/AIDS who are homeless or at risk of homelessness in the program. Clients will enter into rental agreement with the property owner or Subrecipient as appropriate. The Subrecipient will make rental payments to the property owner as appropriate and collect required rent contributions from clients pursuant to clause 4(b) of this section.

3.  The Subrecipient will provide housing case management and social support services equal to 1.0 FTE to clients in the Transitional Housing Program. Case management services will include:

a.  development of case plans targeted toward stable independent housing;

b.  appropriate referrals to health, mental health, drug and alcohol rehabilitation programs;

c.  completion of the necessary documentation and income certification to initiate occupancy, certify eligibility for HOPWA-funded housing and to calculate tenant contributions to rent and rental assistance payments;

d.  assistance with basic life-management skills such as budget management, using public transportation, locating and accessing community resources for food, child and respite care, education or employment training programs, etc.;

e.  monitoring clients use of transitional housing unit, including client payment of share of rent, unit upkeep, and adherence to other terms of the rental agreement;

f.  assistance with finding and securing permanent housing.

g.  Opportunities to participate in CAP educational workshops and tenant social gatherings

h.  Follow-up home-based social services consisting of approximately three home visits during the six months following graduation from the program.

4.  The Transitional Housing Program will be delivered in a manner consistent with all regulations governing the Housing Opportunities for Persons with AIDS Program contained at 24 CFR 574. This includes the following requirements:

a.  Units shall comply with the habitability standards set out in 24 CFR 574.310(b) (1997) or in any superseding regulations.

b.  Tenant Contribution to Rent:

(1)  Subrecipient or its designee shall certify the gross monthly household incomes of prospective tenants before entering into a lease agreement and shall otherwise make sure they are eligible persons. Subrecipient or its designee shall calculate and certify the monthly adjusted income of each household who will occupy a HOPWA unit for the purpose of calculating their tenant contribution to rent at the time of initial occupancy and shall recertify the monthly adjusted income and tenant contribution to rent at least annually and more often as necessary to avoid any hardship to tenants whose incomes decline between annual recertifications.

(2)  Tenant contributions to rent in the HOPWA units, including utilities, shall be the greater of:

(a)  30 percent of the household's monthly adjusted income.

(b)  10 percent of the household's monthly gross income; or

(c)  If the household is receiving payments for welfare assistance from a public agency and a part of the payments, adjusted in accordance with the household’s actual housing costs, is specifically designated by the agency to meet the household’s housing costs, the portion of the payments that is designated.

c.  Termination of assistance to eligible person: Subrecipient may only terminate assistance (including refusal to renew expiring lease agreement) to eligible persons residing in HOPWA units if the eligible person violates material, reasonable conditions of occupancy. Subrecipient must ensure that supportive services are provided prior to any proposed termination, so that an eligible person's assistance is terminated only in the most severe cases. Termination by Subrecipient must be made upon written notice containing a clear statement of the reasons for termination, must be carried out in compliance with the requirements of Oregon Law and must accord the tenant with all of his or her rights to due process of law.

d.  Increased need for care: If the Subrecipient becomes aware that a tenant with HIV or AIDS in a HOPWA unit requires more intensive care than can be provided at the Project, the Subrecipient or its designee shall assist the client in locating a care provider who can appropriately care for the individual and shall refer the individual to the care provider.

e.  Termination of Assistance to Surviving Family Members: With respect to the surviving family member or members living in a HOPWA unit with the person with AIDS at the time of his or her death, housing assistance and supportive services shall continue for a grace period of at least six months following the death of the eligible person with AIDS. Subrecipient may extend the grace period up to an additional six months and shall notify the family of the duration of their grace period in writing. Subrecipient may assist the family with information on other housing resources and with moving expenses.

f.  Fees: No fees, except rent, will be charged of any eligible person for any housing or services provided by Subrecipient.

C.  RESIDENT SERVICES AND RENTAL ASSISTANCE FUND ($126,309 – Resident Services Staffing; $65,773 in Rental Assistance Fund):

1.  Subrecipient shall provide staffing to conduct housing placement services for CAP clients in need of these services, to operate the Transitions to Housing program funded under Agreement Number 33623 between the CITY and CAP, and to provide tenant services to residents and prospective residents of designated permanent housing units within the six county area served by the HOPWA Consortium where CAP is a contracted service provider. Priority for staff is to provide services at HOPWA-funded permanent housing.

2.  Subrecipient’s assigned staff will assist residents and prospective residents of HOPWA-funded housing with the some or all of the following services:

a.  Completion of the necessary documentation and income certification to initiate occupancy, certify eligibility for HOPWA-funded housing and to calculate tenant contributions to rent and rental assistance payments;

b.  Assist residents of HOPWA-funded housing units in accessing services necessary to maintain the full benefit of their housing, including: health, mental health, assessment, eviction prevention, housing rental payment assistance, housing crisis intervention, drug and alcohol abuse treatment and counseling, day care, personal assistance, nutritional services, intensive care when required, and assistance in gaining access to local, state and federal government benefits and services, except that health services may only be provided to individuals with AIDS/HIV or related diseases and not to family members of these individuals.

c.  Monitor and report on Subrecipient and Owner compliance with, and performance under, any service or placement agreements between CAP and the owner of HOPWA-assisted permanent housing units.

d.  Assist the City with monitoring HOPWA-assisted housing compliance with federal HOPWA regulations and City contract requirements by monitoring and reporting on the conditions at HOPWA-assisted housing, including but not limited to:

(1)  Housing quality standards and habitability requirements;

(2)  Appropriate tenant selection, maintenance of the required number of HOPWA units and calculation of tenant contributions to rent;

(3)  Accessing of appropriate services; and

(4)  Avoiding, when possible, any proposed termination of tenancy for HOPWA-assisted tenants by intervening to link tenants with services necessary to address verifiable causes alleged in notices of proposed termination of tenancy.

e.  Assist the City with the implementation and operation of the Rental Assistance Fund.

3.  The City shall fund its established Rental Assistance Fund (RAF) in the amount of $65,773 to provide rental assistance to tenants of designated HOPWA-assisted permanent housing during the fiscal year. CAP shall administer and process claims from the fund, shall submit to the City claims for Rental Assistance Payment (RAP), and shall make payments to eligible tenants or their assignees as follows:

a.  Definitions:

(1)  Monthly Adjusted Income means a household’s gross monthly income, adjusted for factors such a age, medical expenses, size of the family and child care expenses pursuant to 24 CFR 813.102 (1997).

(2)  Project Rent means the rent identified as the Project rent for the HOPWA units in the Financing Agreement between the Project in which the HOPWA units are located and the City. Project rent for each HOPWA unit shall be no greater than the rents charged for comparable, non-HOPWA units in the Project.

(3)  Rent Assistance Payment (RAP) equals the difference between the Project rent and the Tenant Contribution to rent. HOPWA tenants shall assign, as a condition of occupancy in a designated HOPWA unit, any right they may have to a RAP to the Project owner or its designee.

(4)  Tenant contributions to rent in the HOPWA units, including utilities, shall be the greater of:

(a)  30 percent of the household's monthly adjusted income.

(b)  10 percent of the household's monthly gross income; or

(c)  If the household is receiving payments for welfare assistance from a public agency and a part of the payments, adjusted in accordance with the household's actual housing costs, is specifically designated by the agency to meet the household’s housing costs, the portion of the payments that is designated.

b.  Ongoing Rental Assistance:

(1)  Subrecipient shall create documentation to calculate and certify the monthly-adjusted income, the tenant contribution to rent and the RAP for each household occupying designated HOPWA units.

(2)  Upon calculation and certification of the RAP required for each HOPWA unit, Subrecipient may submit to the City a request for payment of the certified RAP costs on a monthly basis.

(3)  Subrecipient shall disburse Rental Assistance Payments as appropriate. Subrecipient shall take adequate steps to insure that the total of the RAP and the Tenant Contribution to Rent does not exceed the Project Rent for any designated HOPWA unit.

D.  Any changes to the Scope of Services of this Agreement, including the provision of any additional services to clients not specifically listed in this Agreement, must be approved in writing by the City Project Manager before any such activity is undertaken or any costs incurred. If prior written approval is not obtained, costs incurred for those activities will not be covered by this Agreement.

II.  Performance Measures

Transitional Housing Program

A.  The Subrecipient will serve 17-20 eligible households. It is anticipated that CAP staff will conduct 220 client planning meetings under this program.

B.  The program goal is to serve 17 households per year; with each household stay being nine – to - twelve months. Any extension beyond twelve months must be time-limited, based on documented client need relating to the permanent housing plan and must be approved by the Housing Program manager or her designee. Subrecipient shall create program rules that balance the need to conserve transitional housing resources with the need to insure that clients achieve a level of probable success in housing when they complete the program.

C.  Outcome measures include:

•  Units will be occupied 85% of the time.

•  No more than 15% of clients served will return to homelessness.

•  Of clients placed in permanent housing, at least 70% will remain in housing nine months later.

Warehouse Program

D.  The Program will provide furnishings to 50 unduplicated clients, will furnish an additional 10-15 units of transitional housing, will solicit and receive a minimum of 100 donated items and will provide moving assistance to at least 10 clients.

Resident Services and Rental Assistance

E.  Residents of the HOPWA units will receive appropriate services and assistance necessary for their continued continuity of housing.

F.  CAP will provide 130-150 client planning meetings. The Rental Assistance Fund shall be appropriately administered so that each tenant in the designated HOPWA units pays an appropriate tenant contribution to rent each month and so that each project receives no more than the Project rent for each HOPWA unit.

G.  The designated HOPWA units shall be operated in compliance with federal HOPWA regulations and City contractual requirements.

H.  Clients enrolled in the Transitions to Housing Program and other eligible clients making housing inquiries will receive appropriate information, referral and housing placement services.

I.  Outcome measures include:

1.  90% of the residents in HOPWA units experience improved housing continuity and report satisfactory linkage to necessary services.

2.  100% of the residents pay an accurate tenant contribution to rent each month.

III.  Reporting Requirements

A.  The Subrecipient will submit reports for each calendar quarter covered by this Agreement, which shall be due on October 30, 2002, January 30, 2003, April 30, 2003 and a final report which shall be due on July 30, 2003.

B.  The periodic reports will include a narrative progress report which describes the overall status of the project, broken down by program component, including major accomplishments, tasks completed or underway, and any proposed changes to the work products or time lines.

C.  In addition to narrative reports, the SUBRECIPIENT will provide a demographic report regarding all persons served under this agreement, including income, household size and type, race, age, sex, and outcome of housing and services provided on the form attached hereto as Attachment B.

IV.  City Project Manager

A.  The City Project Manager shall be Andy Miller, or such other person as shall be designated in writing by the Director of the Bureau of Housing and Community Development.

B.  The 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 actions referred to herein.

V.  Method of Payment

A.  Subrecipient will be reimbursed for the described services by the City through the HOPWA Program in conformance with the attached budgets for each program area. (Attachment A)

B.  Payments will be made periodically upon submission of a statement of expenditures, including reasonably anticipated RAP expenditures for the forthcoming month, on the letterhead of the Subrecipient. Subrecipient will keep vendor receipts of materials and services and evidence of payment of personnel costs. Subrecipient shall, within thirty days of submission of any invoice that includes reasonably anticipated RAP expenses, submit any billing adjustments necessary after actual RAP expenditures are calculated.

C.  It is agreed that total compensation under this agreement shall not exceed FOUR HUNDRED THIRTY-NINE THOUSAND, ONE-HUNDRED AND TWENTY-FIVE DOLLARS ($439,125).

VI.  General Contract Provisions

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 and EQUAL OPPORTUNITY. 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). Furthermore, the Subrecipient certifies it has adopted procedures to ensure that all persons who qualify for assistance, regardless of their race, color, religion, sex, age, national origin, familial status, or handicap, know of the HOPWA program, including facilities and services accessible to persons with a handicap, and maintain evidence of implementation of these procedures.

   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 hereunder.

I.  AUDITS. The Subrecipient is subject to the audit requirements of 24 CFR 45.

Also, 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 the 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.

K.  LIABILITY INSURANCE.

(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.

L.  WORKERS' COMPENSATION INSURANCE.

(a) The Subrecipient, its subcontractors, 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 renewal of 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 Subrecipient 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, the 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 sub-contractors 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 SUBRECIPIENT STATUS. The Subrecipient is engaged as an independent subrecipient 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 HOPWA-funded projects, the Subrecipient shall further comply with the conflict of interest provisions cited in 24 CFR 574.625.

P.  CONTRACT ADMINISTRATION, 24 CFR 574.605. The Subrecipient shall comply with the policies, guidelines and requirements of OMB Circular Nos. A-122 and A-110 with regard to the acceptance and use of funds.

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.  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 HOPWA-funded projects, the Subrecipient shall carry out its activities in compliance with 24 CFR 574.500.

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.

T.  PROGRAM AND FISCAL MONITORING. The City through the Bureau of Housing & 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.

U.  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.

V.  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.

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

X.  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.

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

Z.  LOBBYING. The Subrecipient shall not utilize these funds for lobbying the Executive or Legislative branches of the Federal Government, in compliance with 24 CFR 87.

AA.  CHURCH-STATE. The Subrecipient agrees to comply with the applicable provisions of 24 CFR 574.300(c).

BB.  DRUG-FREE WORKPLACE. The Subrecipient will maintain a drug-free workplace in conformance with 24 CFR part 24, subpart F.

CC.  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 year, 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 thirty days of their completion.

DD.  PAYMENTS. The Subrecipient shall ensure that grant funds will not be used to make payments for health services for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to that item or service by any state compensation program, under an insurance policy, or under federal or state health benefits program; or by entities that provides health services on a prepaid basis.

EE.  TERMINATION OF ASSISTANCE. With respect to the surviving members of a family who were living in a unit assisted under the HOPWA program with the person with HIV/AIDS at the time of his or her death, housing assistance and supportive services under the HOPWA program shall continue for a grace period following the death of the person with HIV/AIDS. The grantee or project sponsor shall establish a reasonable grace period, in the lease agreement, subject to City approval, for continued participation by a surviving family member, but that period may not exceed one year from the death of the family member with HIV/AIDS. The Subrecipient shall notify the family of the duration of the grace period through a lease clause and written notification and may assist the family with information on other available housing and moving expenses.

FF.  CONFIDENTIALITY. The Subrecipient shall agree, and shall ensure the confidentiality of the name of any individual assisted and any other information regarding individuals receiving assistance.

VII.  Period of Agreement

The term of this Agreement shall be effective July 1, 2002 and shall remain in effect during any period the Subrecipient has control of City funds, including program income. Work by the Subrecipient shall terminate as of June 30, 2003.

Dated this         day of          , 2002.

CITY OF PORTLAND        CASCADE AIDS PROJECT

Erik Sten            Thomas Bruner

Commissioner of Public Works      Executive Director

APPROVED AS TO FORM:

Jeffrey L. Rogers

City Attorney

ATTACHMENT A

** Contract Services in 02/03 includes truck and storage facility rental.

ATTACHMENT B

HOPWA HOUSING SERVICES

QUARTERLY REPORT

To be completed and filed with BHCD within 30 days of the end of each fiscal quarter or by October 30, 2002, January 30, 2003, April 30, 2003 and July 30, 2003(yearly report).

INSTRUCTIONS:

Complete one report for each active HOPWA Project for each fiscal quarter. Please attach a narrative in the form you have been providing. After the first fiscal quarter report (Jul1 – Sept. 30), report only new, unduplicated clients served by your program in subsequent quarters. The reports will be entered into a database, which will keep a running total of all unduplicated counts for the fiscal year. Many programs continue to serve the same clients for most of the year, and reports after the first fiscal quarter may contain data on only a few additional clients. For example, if your program provides transitional housing and you support four units, if three of those units are filled the first quarter and the fourth is filled the second quarter and all units remain occupied by the same clients for the full fiscal year, you will have little or nothing to report in quarters three and four. At the close of this fiscal year (June 30), you should complete a fourth quarter report and a year-end narrative and provide that to BHCD by July 30^th.

Name of Project:

Address of Project:

Who completed this form:          Date Completed:

Phone Number:

Units funded by HOPWA Assistance

By type of assistance and by unit type

Complete this page if your services include subsidizing housing/utility costs

Tenant Based Rental Assistance

Provide a count of unduplicated units funded by Rental Assistance with HOPWA funds. Remember, if you have already reported on a unit that you continued to fund this quarter, you should not duplicate that unit in this report. Do not use this category to count short-term or transitional housing that you supported.

Rent, Mortgage, Utility Assistance

Provide a count of unduplicated units for which you used HOPWA funds to provide short-term assistance such as transitional housing, mortgage payments, utility payments or periodic rental assistance that is not ongoing. Do not duplicate units that you previously reported on, even if occupants have changed. You will add new clients later in this report.

Date payments began (typically 7/1): ____/____/_____

Expenditures by Payment Type

Enter the amount spent during the period for which you are reporting on the following two categories of expenditures, which are described above.

HOPWA SUPPORTIVE SERVICES

Complete report only if your organization provided supportive services with HOPWA funds

Date Supportive Services Began:  ___/___/___

Enter dollar amount spent for each category of supportive services you provided during the period for which you are reporting:

HOPWA HOUSING ASSISTANCE

Demographics of Participants

For Housing Production, count at initial occupancy

For Housing Services, report only new, unduplicated counts for reporting period

AGE/GENDER OF CLIENTS SERVED DURING PERIOD

For Housing Production, count initial occupants of HOPWA Units

For Housing Services, report only new, unduplicated clients served during period

INCOME GROUP OF CLIENTS SERVED DURING REPORTING PERIOD

Enter Total Number of New Beneficiaries (individuals and family units) that populated the following gross monthly family income categories at the time of their entry into the program or at the time of initial occupancy of HOPWA housing units.

PROGRAM DEPARTURE COUNTS

Categorize the number of persons leaving the program or housing

During the reporting period

Based upon total duration of assistance and reason for leaving

RECENT LIVING SITUATION COUNTS

Count the number of new clients who entered

The program or HOPWA units from the following circumstances