AFTER RECORDING RETURN TO:

City of Portland Auditor’s Office

1221 SW 4^th Avenue, Room 140

Portland, Oregon 97204  

AGREEMENT AND RESTRICTIVE COVENANT

Contract No. ___________

Housing projects

This subrecipient contract is between the City of Portland, acting by and through its Bureau of Housing and Community Development, hereafter called "City" and the Caritas Housing Initiatives LLC hereafter called Subrecipient to provide rehabilitation of four units of Permanent Supportive Housing for People Living With HIV/AIDS.

1.  Effective Date and Duration

This contract shall become effective on November 20, 2006. This contract shall terminate on June 30, 2007.

2.  Contract Manager

Each party has designated a contract manager to be the formal representative for this project. All reports, notices, and other communications required under or relating to this subrecipient contract shall be directed to the appropriate individual identified below. The City contract manager is authorized to approve work and billings hereunder, to give notices referred to herein, to terminate the Contract as provided herein, approve all changes except those that increase the total contract amount.

3.  Scope of Services

The statement of work is contained in Section I.

4.  Compensation

The amount of compensation shall not exceed $300,524 HOPWA. The compensation requirements are contained in Section V.

5.  Reporting

The Reporting requirements are contained in Section IV. Final invoice and report are due July 12, 2007.

CFDA#14.241

6.  Funding

This subrecipient contract may be paid fully or in part with funding from the U.S. Housing and Urban Development Department (HUD).

7.  List of Exhibits

The following Exhibits are attached hereto and incorporated by reference into this contract:

I.  Scope of Services

Caritas will rehabilitate, own and operate an eight-unit project known at signing as Howard House at 2644 SE Powell Blvd. in Portland. Four of the units will be HOPWA units for People Living with HIV/AIDS. The Project shall include four studios or one-bedroom units. The ongoing operation of the HOPWA units as a community residence for permanent housing may be provided in whole or part by Caritas’ designee, but Caritas, as owner, will ensure that it will be conducted in a manner consistent with all regulations governing the HOPWA Program contained at 24 CFR Part 574.

The legal description of the Property is as follows:

PARCEL I:

A tract of land in Section 12, Township 1 South, Range 1 East of the Willamette Meridian, in the City of Portland, Multnomah County, Oregon described as follows:

Commencing at an iron monument at road angle “O” of County Roads in Multnomah County,Oregon; said monument being in the West boundary line of the Clinton Kelly Donation Land Claim in Section 12, Township 1 South, Range 1 East of the Willamette Meridian, in Multnomah County, Oregon; thence South 82^¡ 52’ East tracing the center line of said County Road, now known as S.E. Powell Boulevard, 194.21 feet to the true point of beginning; thence continuing South 82¡ 52’ East tracing the center line of said road 90 feet; thence South 0¡ 00’ 03” West, 123.1 feet to a point in the Northerly boundary line of the P.C.R.R. Co.’s right of way; thence North 60^{¡ 16’22” West tracing the Northerly boundary line of said right of way 102.8 feet, more or less, to the true point of beginning.}

^{PARCEL II:}

^{The following desc}ribed real property in Section 12, Township 1 South, Raange 1 East of the Willamette Meridian, in the City of Portland, County of Multnomah and State of Oregon, to-wit:

Commencing at a monument at the intersection of the West line of the Clinton Kelly Land Claim, now also the center line of S.E. 26^th Avenue and the center line of Powell Valley Road, now S.E. Powell Boulevard, when said road was 60 feet in width; thence South 82^¡ 52’East along the center line of Powell Vally Road, 5.96 feet; thence South 60¡ 16’ 22” East 240.60 feet to the Northeast corner of Tract “A” as described in deed from Portland Traction Co. to Adrian J. Hohanns, recorded March 25, 1943, in Book 738, page 383, Deed Records, which point is in the North line of Thomson Houston Electric Company’s 20 foot right of way which is also the South line of tract conveyed by J.M. Healey to Cora Faust by deed recorded September 6, 1905 in Book 340, page 389 Deed Records, the point of beginning of land herein described; thence tracing the North line of said right of way South 60^{¡ 16’ 22” East a distaance of 318 feet, more or less, to the West line of S.E. 28th} Avenue; thence Southerly along the West line of S.E 28^th Avenue; thence Southerly along the West line of S.E. 28^th Avenue to a point which is 20 feet measured at right angles from the above North line; thence along the South line of said right of way North 60^¡ 16’ 22” West 326 feet, more or less, to a point which is 20 feet measured at right angles from the point of beginning; thence North 29¡ 43’ 38” East 20 feet to the point of beginning.

Excepting therefrom that portion lying Easterly of the Westerly line of the property conveyed to the City of Portland, Oregon, a municipal corporation, by instrument recorded April 16, 1980 in Book 1434, page 130.

In consideration of the grant of the City Award of $1,200,000 for 12 units of Permanent Supportive Housing at Howard House, Caritas has agreed to the provisions within the Regulatory Agreement signed on August 30, 2006. Caritas shall specifically ensure operation of the HOPWA unit as follows:

A.  Definitions

1.   Eligible Person is a person who fits the definitions of PSH Qualified Tenant (as defined in the Regulatory Agreement) and Target Population for this project.

2.   HOPWA Units means the rental units within the facility described above that are designated for occupancy solely by an Eligible Person. Residents of the HOPWA Units may be referred to in this Agreement as HOPWA Tenants.

3.  Minimum use period for the Project is sixty years from the date that the Project obtains certificate of occupancy.

4.  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).

5.  Project means the four HOPWA units located upon the land described above. The HOPWA units are floating units (as defined in the Regulatory Agreement).

6.  Target Population is a person living with HIV, AIDS or related diseases and the person’s family with a gross household income at or below 30% of the area median income for the Portland-Vancouver area as published by HUD.

7.  Occupants: The HOPWA units shall be designated for occupancy by Eligible Persons at all times during the minimum use period.

B.  Supportive Services:

1.  At all times during the minimum use period, Caritas or any subsequent owner of the HOPWA units covered by this agreement, shall itself provide, or shall maintain a Partnered Service Provider Agreement (as defined in the Regulatory Agreement) with a qualified service provider to provide, appropriate supportive services to the residents of the HOPWA Units.

2.  The provision of supportive services to the residents of the HOPWA units is mandated by the HOPWA regulations and is subject to the Bureau of Housing and Community Development approval and monitoring.

3.  As defined in the Regulatory Agreement, the Partnered Service Provider Agreement will include (a) a definition of the specific Target Population for this Project; (b) a service plan that addresses the needs of the Target Population; (c) a tenant placement plan specifying the number of units reserved for service provider’s right of first refusal and the process for filling those units; and (d) the term of the agreement. In addition, the Partnered Service Provider Agreement will set out the roles of the parties, the terms upon which supportive services will be rendered, and any designation of duties under this Agreement such as tenant selection, screening, tenant placement priority, or rent calculation. The Partnered Service Provider Agreement must be signed before the certificate of occupancy or completion, as applicable, is issued. If any term of the Partnered Service Provider Agreement conflicts with or violates this Agreement, the terms of this Agreement shall continue to define Subrecipient ’s obligations.

4.  Appropriate supportive services include, but are not limited to, providing access to: health, mental health, assessment, permanent housing placement, 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.

5.  If the Subrecipient wishes to cancel the Partnered Service Provider Agreement with an existing provider, to substantially change an approved supportive service plan, or to enter into an agreement with a new certified service provider, the Subrecipient must provide written notice to BHCD prior to taking such action.

6.  Subrecipient or its designee will conduct an ongoing assessment of the housing assistance and supportive services required by tenants in the HOPWA units and shall update its services plans and agreements as necessary to appropriately meet current requirements.

7.  If, at any time during the minimum use period, the Subrecipient is unable to execute a Partnered Service Provider Agreement with a qualified service provider or to provide supportive services itself pursuant to its plan, the Subrecipient shall use its best efforts to locate and enter into a written service agreement or correct the deficiencies. The City, upon request, shall assist the Subrecipient in finding the service provider or correcting the deficiencies. If the Subrecipient does not itself provide sufficient services, the Subrecipient shall have 90 days after written notice from the City to provide the written certifications or complete a written service agreement. If compliance is not achieved within such 90-day period, at the option of the City, the Subrecipient shall reimburse the City a pro-rated value of the full contract amount of $105,000. Notwithstanding the foregoing, if the default by the Subrecipient results from the inability of the Subrecipient or the City to find a service provider acceptable to the City in its reasonable discretion within the 90 day period, the period for correcting the deficiency shall be increased by whatever time it takes for the Subrecipient to find such a service provider reasonably acceptable to the City, within the terms of Section 10.2 of the Regulatory Agreement. In such event, if the City locates a service provider which in the City’s reasonable discretion is a suitable service provider and the Subrecipient does not enter into a written service contract within 45 days thereafter, the Subrecipient shall reimburse the City as provided herein.

C.  Housing Quality Standards: The HOPWA unit shall comply with the habitability standards set out in 24 CFR 574.310(b) (1997) or in any superseding regulations.

D.  Rents: Tenant Contribution to Rent:

1.  Caritas’ or the service provider shall certify the gross monthly household incomes of prospective tenants of the HOPWA units before entering into a lease agreement and shall otherwise obtain certifications to 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; or

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.

3.  Any basic utilities not included in the unit rent shall be offset from the Tenant contribution by a utility allowance. See Attachment B.

4.  These units will have Project-based Section 8 certificates. Although the Housing Authority may establish the tenant’s portion of rent, Caritas or the service provider will calculate the tenants portion of rent using the HOPWA Rent Calculation (Attachment B).

5.  Unit rents may be set by the Subrecipient for the purpose of calculating tenant-based subsidies or for other reasons relating to the operation of the Project. Units shall not be greater than the HUD-defined rent standard in the Portland-Vancouver area that is affordable to a very low-income household (30% MFI) of the size likely to occupy a unit of that configuration.

E.  Leases: Lease agreements in the HOPWA units shall be for a period of no less than one year and shall be renewable at the sole option of the tenant. Lease agreements for the HOPWA units shall comply with, and shall provide adequate notice to all HOPWA tenants of, the following requirements that are binding upon Subrecipient in the operation of the HOPWA units:

1.  Termination of eligible person: Subrecipient may only terminate assistance to eligible persons residing in HOPWA units, including the refusal to renew an existing lease, if the eligible person or his or her family violates reasonable conditions of occupancy. Subrecipient must ensure that supportive services are provided prior to any proposed termination, so that an eligible person’s housing 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.

2.  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 reasonably attempt to assist the client in locating a care provider who can appropriately care for the individual and shall refer the individual to the care provider.

3.  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.

4.  Fees and Deposits: No fees, except rent, will be charged of any eligible person for any housing or services provided by Subrecipient . Subrecipient can require a Security Deposit pursuant to the rules and limitations under Oregon Law. Subrecipient shall make all reasonable efforts to insure that the collection of a Security Deposit does not serve as a barrier to housing eligible persons and their families.

5.  Household Income Increase: If, after initial occupancy, the gross household income of a tenant occupying a HOPWA unit rises above 50% of the median family income for the Portland-Vancouver area as published by HUD, then that tenant family may continue to reside in the HOPWA unit and will pay as their contribution to rent and utilities an amount equal to the unit rent, as established by Subrecipient . If the gross household income of a tenant family rises above 80% of the area median family income, then the Subrecipient or its designee shall provide adequate notice to that family that they are no longer eligible to live in the HOPWA unit and shall form a plan with that family for timely relocation from the HOPWA unit. Under no circumstances shall a HOPWA unit be occupied by a family whose household income is greater than 80% median family income (MFI).

F.  Confidentiality: Subrecipient shall take all reasonable necessary steps, except as otherwise required by law, to ensure the confidentiality of the name of any individual who is a tenant in the HOPWA units or seeks to become one.

G.  Minimum Use Period: The housing units assisted under this agreement must be maintained as a community residence to provide housing for eligible persons. The Subrecipient must also provide supportive services for individuals with HIV/AIDS or engage a service provider to provide such services for a period not less than the Minimum Use Period of sixty years.

H.  The Subrecipient represents and warrants that the financing provided by the City is an inducement to the Subrecipient to operate the Project in accordance with this Agreement, and that the Subrecipient has induced the City to provide financing it otherwise would not have provided, by promising to operate the Project in accordance with this Agreement, and that the City has relied upon the enforceability of this Agreement in determining to provide financing to the Subrecipient in relation to the Project.

I.  The Subrecipient hereby declares its express intent that, during the term of this Agreement, the covenants, restrictions, charges and easements set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Subrecipient’s successors in title including any purchaser, grantee or lessee of any portion of the Project and any other person or entity having any right, title, or interest therein and upon their respective heirs, executors, administrators, devisees, successors and assigns and any other person or entity having any right, title or interest therein. Each and every contract, deed or other instrument hereafter executed covering or conveying the Project or any portion thereof or interest therein (other than a rental agreement or lease for a Dwelling Unit) shall contain an express provision making such conveyance subject to the covenants, restrictions, charges and easements contained herein; provided, however, that any such contract, deed or other instrument shall conclusively be held to have been executed, delivered, and accepted subject to such covenants, regardless of whether or not such covenants are set forth or incorporated by reference in such contract, deed, or other instrument.

J.  If the Subrecipient sells, transfers, or otherwise disposes of the Project or any portion thereof (other than by leasing or renting for individual tenant use as contemplated herein) without obtaining the prior written consent of the City, an Event of Default shall occur under the terms of this Agreement, and the remedies provided for such default herein may be exercised. The City shall not unreasonably withhold or delay its consent which may be conditioned upon, but is not limited to consideration of:

1.  Reasonable evidence that the Subrecipient is not in default hereunder; and

2.  Evidence satisfactory to the City that the transferee has the skills and capacity to fulfill the terms of this Agreement.

K.  Waiver of Minimum use period and desire to change use:

1.  During the first ten years of the minimum use period: During the first ten years after the date this agreement takes effect, The U.S. Department of Housing and Urban Development (HUD) or its successor agency shall have the final and sole authority to grant any waiver of the minimum use period and to relieve the Subrecipient of any obligations under the HOPWA program and the regulations implementing them. If, during the first ten years of the minimum use period, the Subrecipient or subsequent owner of the Project determines that the HOPWA units are no longer needed to provide supported housing or assistance for eligible persons, or the continued operation of the HOPWA units for such purposes is no longer feasible, the Subrecipient may request that the City apply to the Secretary of the Department of Housing and Urban Development for a waiver. The City will then apply for a waiver from the Secretary of the Department of Housing and Urban Development of the minimum use period or of any specific federal requirement if the City reasonably determines that the continued use or compliance specified by the Subrecipient is no longer feasible or necessary to carry out the purpose for which the Project was designed. (Such a waiver will not change the Subrecipient’s obligations to maintain the HOPWA units as Permanent Supportive Housing, as described in the Regulatory Agreement.)

L.  After the first ten years of the minimum use period:

1.  After the expiration of the first ten years of the minimum use period, the City shall have the final and sole authority to grant a waiver of the minimum use period or to waive any requirements or obligations set out in this agreement. If, after the expiration of the first ten years of the minimum use period, the Subrecipient or subsequent owner of the Project determines that the HOPWA units are no longer needed to provide supported housing or assistance to eligible persons, or the continued operation of the HOPWA units for such purposes is no longer feasible, the Subrecipient may apply to BHCD, as agent for the City, for a waiver of the minimum use period or of any specific obligations under this contract, including but not limited to the obligation to make the HOPWA units available solely to households containing at least one eligible person.

2.  If the Subrecipient seeks a waiver from the obligation to make the HOPWA units available solely to households that include an eligible person or seeks a waiver from the obligation to calculate tenant contributions to rent as set out in this agreement, the Subrecipient’s proposal shall include specific reasons why continued operation is no longer feasible or desirable and supporting documentation and shall propose substitute requirements and an alternative use that targets a specific population in need of housing for the remainder of the minimum use period.

3.  The City shall only approve such a waiver if it finds that continued use is no longer feasible or desirable to accomplish the purpose of serving those with urgent housing needs, and that the Subrecipient or its successor will bind itself and the HOPWA units to appropriate requirements that will accomplish the purpose of serving those with the most urgent housing needs practicable, consistent with the terms of the Regulatory Agreement for the project. In no event shall the City approve a waiver of the minimum use period or any requirement that would result in the Subrecipient making the HOPWA units available to households with incomes greater than 80% of the median family income for the Portland-Vancouver area.

4.  Event of Default During Minimum Use Period: If the Subrecipient substantially violates this Agreement during the minimum use period by changing use to a facility not providing the housing specified in Section A for individuals with HIV/AIDS, selling or transferring ownership without the proper waiver from either the City or HUD, charging rents in violation of the terms of this Agreement, or by engaging in any other actions that materially violate this agreement, such action shall constitute an Event of Default and the remedies provided herein for such default may be exercised.

M.  Relocation Services:

Four of the current tenants will be relocated to make four units available to Eligible Persons at Certificate of Completion. There are funds in the budget allocated for relocation.

II.  Time Line

A.  Construction will begin in December 2006. Rehabilitation is expected to be complete in March 2007. Tenants will remain housed during construction.

III.  Performance Measures

A.  Four HOPWA units will be rehabilitated, rented, and designated for occupancy by Eligible Persons.

B.  Subrecipient or designee will maintain records regarding initial and subsequent clients, including income, demographic and housing outcome information during the minimum use period.

C.  One hundred percent (100%) of the households living in these units will experience improved housing circumstances defined as one or more of the following:

D.  Rent no greater than 30% of family income during their tenure;

E.  Housing which is decent, safe and sanitary and meets any specific needs relating to the tenants; and

F.  Enhanced stability or security of housing at the point they move from the units.

G.  These units will remain affordable and in good condition for the minimum use period.

IV.  Reporting Requirements:

A.  Subrecipient will submit quarterly progress reports during construction. Quarterly reports shall be due 30 days from the end of each quarter, October 31^st, January 31^st, April 30^th , and July 12^th.

B.  Upon completion of construction and within 90 days of occupancy, Subrecipient shall provide a completed HOPWA Program Report in the form provided as Attachment C.

C.  The City may require the Subrecipeint to utilize the online database, Service Point, to fulfill annual reporting requirements.

D.  Attachment D may change according to HUD changes before the end of the fiscal year. The qualified service provider may include tenants in their submission of Attachment D.

V.  Method of Payment: The City will provide financing to Subrecipient for Project construction and operating expenses in accordance with the Budget below:

A.  Construction and Eligible Soft Costs are not to exceed $270,524. Relocation costs not to exceed $30,000.

B.  The City will pay to Subrecipient an amount of up to $300,524 upon receipt of a request for payment accompanied by sufficient evidence that eligible expenses have been incurred. Expenses eligible for reimbursement may have been incurred prior to the period during which this Agreement is effective.

C.  All funds received by Subrecipient must be disbursed within­ three business days of receipt and must be applied to reduce the private indebtedness of the Project or placed in a Project Operating Reserve Account.

D.  Any changes to the approved budget must be approved in writing by the City Project Manager before expenditure of funds in new amounts or line items.

E.  Total amount to be paid by the City under this Agreement shall not exceed THREE HUNDRED THOUSAND FIVE HUNDRED ANDTWENTY-FOUR DOLLARS ($300,524).

VI.  Remedies and Enforceability

A.  If the Subrecipient defaults in the performance of observance of any material covenant, agreement, or obligation of the Subrecipient set forth in this Agreement, and if such default remains uncured for a period of 30 days after the notice thereof shall have been given by the City to the Subrecipient , then the City may declare an Event of Default to have occurred hereunder and, at its option, may take any one or more of the following steps, such election not to be exclusive:

B.  By mandamus or other suit, action or proceeding at law or in equity, require the Subrecipient to perform its obligations and covenant hereunder, or enjoin any acts or things that may be unlawful or in violation of the rights of City hereunder;

C.  Have access to and inspect, examine, and make copies of all of the books and records of the Subrecipient pertaining to the Project;

D.  Seek money damages, including but not limited to the full return of the financing provided by the City, irrespective of the time that has passed since the financing was provided;

E.  Take such other action available at law or in equity as may appear necessary to enforce the obligations, covenants, and agreements of the Subrecipient hereunder, including but not limited to petition for the appointment of a Receiver who shall have a right to enter the Project upon appointment.

F.  In the event of default by the Subrecipient , the City or any entity succeeding to the City’s functions may institute and prosecute any proceeding at law or in equity to abate, prevent or enjoin any such violation or attempted violation, or to recover monetary damages caused by such violation or attempted violation, such damages to include but not be limited to all costs, expenses including but not limited to staff and administrative expense, fees including but not limited to all reasonable attorney fees, that may be incurred by the City or any other party enforcing or attempting to enforce this Agreement following any Event of Default on the part of the Subrecipient or its successors, whether the same shall be enforced by suit or otherwise; together with all such costs, fees and expenses that may be incurred in connection with any amendment to this Agreement at the request of the Subrecipient .

VII.  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, unless the total contract after amendment is less than $100,000, must be approved by ordinance of the City Council. Compensation changes in which the total contract is less than $100,000 may be approved by the Bureau Director.

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 Contract. 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 Contract 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 Contract 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 Contract and shall be incorporated herein and made a term and part of this Contract. The Subrecipient further agrees to maintain worker's compensation insurance coverage for the duration of this Contract.

(b) In the event the Subrecipient's worker's compensation insurance coverage is due to expire during the term of this Contract, 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 Contract. In this case, the Questionnaire shall be attached to this Contract and shall be incorporated herein and made a term and part of this Contract. Any misrepresentation of information on the Questionnaire by the

Subrecipient shall constitute a breach of this Contract. In the event of breach pursuant to this subsection, the City may terminate the Contract 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. Per 24 CFR 92.356 and/or 24 CFR 570.611, 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 directors 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 thereof. No City officer or employee who participated in the award of this contract shall be employed by the Subrecipient during the period of this contract.

The Subrecipient shall also comply with the provisions of 24 CFR 84.42 and/or 85.36(b)(3), which require that a written Code of Standards of Conduct be maintained by the agency, as it relates to the performance of employees engaged in the award and administration of contracts.

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. 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. For McKinney-Vento Supportive Housing Program funded projects, Subrecipient shall carry out its activities in compliance with 24 CFR 583. For McKinney-Vento Emergency Shelter Grant funded projects, Subrecipient shall carry out its activities in compliance with 24 CFR 576.

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 Contract is found to be illegal or unenforceable, this Contract nevertheless shall remain in full force and effect and the provision shall be stricken.

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

X.  RELOCATION, ACQUISITION AND DISPLACEMENT. The Subrecipient agrees to comply with 24 CFR 570.606, 574.630 or 576.80 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.

Y.  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.

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

AA.  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.

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

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

DD.  INDEPENDENT FINANCIAL AUDITS/REVIEWS. Any subrecipient expending $500,000 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. Two copies of the audit will be submitted to the designated City Project Manager within 30 days of its completion.

EE.  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.

FF.  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.

GG.  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.

HH.  RELOCATION, ACQUISITION AND DISPLACEMENT. The Subrecipient agrees to comply with 24 CFR 570.606, 574.630 or 576.80 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.

II.  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.

JJ.  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, 574.635 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.

X.  Period of Agreement

The term of this Agreement shall be effective November 20, 2006 and shall remain in effect during any period the Subrecipient has control of City funds, including program income. Covenants deemed herein to run with the land shall remain in effect for the minimum use period or as otherwise specified herein. All requests for payment hereunder shall be completed by June 30, 2007.

CARITAS HOUSING        CITY OF PORTLAND

INITIATIVES LLC      

_____________________________      ____________________________

Dennis B. Keenan    Date      Erik Sten      Date        

General Manager          Commissioner of Public Works    

STATE OF OREGON        APPROVED AS TO FORM:

COUNTY OF MULTNOMAH

This Agreement and Restrictive Covenant    ____________________________

was acknowledged before me        Linda Meng, City Attorney  Date

on ______________, 2007

by Dennis B. Keenan.      

_____________________________      _____________________________

NOTARY PUBLIC FOR OREGON      Gary Blackmer, City Auditor   Date

My Commission Expires:

ATTACHMENT A

Caritas Housing Initiatives LLC

Howard House

Development Budget

ATTACHMENT B

INCOME & RESIDENT RENT CALCULATION WORKSHEET

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

This worksheet will determine the Tenant Rent Payment based on the greater of 10% of Monthly Gross Income or 30% of Monthly Adjusted Income. For income exclusions, see page 4.

HOPWA regulations 24CFR574.310d(1)(2)(3) state: “Resident rent payment. Except for persons in short-term supported housing, each person receiving rental assistance under this program or residing in any rental housing assisted under this program must pay as rent, including utilities, an amount which is the higher of: (1) 30 percent of the family's monthly adjusted income (adjustment factors include the age of the individual, medical expenses, size of family and child care expenses and are described in detail in 24CFR5.609); (2) 10 percent of the family's monthly gross income; or (3) If the family is receiving payments for welfare assistance from a public agency and a part of the payments, adjusted in accordance with the family’s actual housing costs, is specifically designated by the agency to meet the family’s housing costs, the portion of the payment that is designated for housing costs.” Documentation and Verification of Income: As a condition of participation in the program, each client must agree to supply such certification, release, information, or documentation as the agency determines to verify the client’s income.

*The total income of the household (Annual Gross Income) is from all sources anticipated to be received in the 12-month period following the effective date of the income certification. Therefore, income must be ANNUALIZED, e.g. payment amount x number of payment periods/yr., for all income sources.

1.  Wages and salaries, overtime pay, commissions, fees, tips and bonuses, other

compensation for personal services prior to payroll deductions. (Applies to client

and all household members over 18 years old.)   $_________

2.  Periodic payments from Social Security, annuities, insurance policies, retirement

funds, pensions, disability or death benefits, excluding lump sum payments for the

delayed start of a periodic payment.   $_________

3.  Payments in lieu of earnings, such as unemployment, disability, worker’s compensation,

 and severance pay.   $_________

4.  WELFARE ASSISTANCE, including payments made under other programs funded,

separately or jointly, by federal, state, or local governments which are not excluded by

Federal Statutes (see Income Exclusions).   $_________

5.  Periodic allowances including alimony and child support payments, and regular

contributions or gifts received from organizations or persons not residing in the residence.   $_________

6.  Net income from operation of a business or profession; interest, dividends, and other

net income of any kind from real or personal property.   $_________

7.  All regular pay, special pay and allowances of a member of the Armed Forces

(Except Hostile Fire Pay).   $_________

8.  Any earned income tax credit to the extent it exceeds income tax liability.   $_________

9.  ANNUAL GROSS INCOME* TOTAL OF LINES 1-8   $________

 Note: Annual income must be reassessed at least annually. However, if there is substantial change in the

 household’s income during the year, an adjustment must be made to the resident rent to reflect the

 change in income.

10. MONTHLY GROSS INCOME (Line 9 divided by 12)   $ _______

11. 10% of MONTHLY GROSS INCOME  (Line 10 multiplied by .10)       $_ _______

Per HUD regulations 24CFR5.611(a) the annual adjusted income is determined by deducting the following allowances from the annual gross income.

12. ENTER ANNUAL GROSS INCOME FROM LINE 9.           $ _________

13.  $480.00 FOR EACH DEPENDENT Dependents, including household members under

 the age of 18, elderly dependents, handicapped, disabled, or full-time students, but not the

family head, spouse or foster children              - $ _________

14.  $400 FOR ANY ELDERLY OR DISABLED FAMILY MEMBER This allowance

is provided to any family whose head, spouse, or sole member is at least 62 years of age

 OR is handicapped/disabled. This deduction always applies to households with persons

 with HIV or AIDS (ONLY ONE DEDUCTION PER FAMILY/HOUSEHOLD PER YEAR) - $ __400.00

15.  ANY REASONABLE CHILDCARE EXPENSES These are expenses anticipated during

 the year for children 12 years of age and under that enable a household member to work,

 seek employment, or to further education. Deductible expenses for childcare to enable a

person to work shall not exceed the amount of income received from such work. Childcare

cannot be paid to another member of the household. (ONLY EXPENSES NOT REIMBURSED

FROM ANY OTHER SOURCES ARE ALLOWED.)           - $ _________

16.  EXPENSES FOR NON-ELDERLY DISABLED FAMILY MEMBERS. This allowance

 covers reasonable expenses anticipated during the period for attendant care (provided by

 a non-household member) and/or auxiliary apparatus for any disabled household member

 that enables that person or any other household member to work. (ONLY EXPENSES NOT

 REIMBURSED FROM ANY OTHER SOURCES IN EXCESS OF 3% OF THE ANNUAL

 GROSS INCOME ARE ALLOWED.)

ENTER TOTAL non-reimbursed expenses for this category  $ __________

Subtract Annual Gross Income X .03 $ __________ Enter Difference Here       - $ _________

17.  MEDICAL EXPENSES AND/OR ASSISTANCE FOR ANY ELDERLY OR

 DISABLED FAMILY MEMBER. If deductions are taken on this line for medical expenses,

 the deduction on line 14 must also be taken. (ONLY EXPENSES NOT REIMBURSED FROM ANY

 OTHER SOURCES AND IN EXCESS OF 3% OF THE ANNUAL GROSS INCOME ARE ALLOWED.)

ENTER TOTAL non-reimbursed expenses for this category  $ ___________

Multiply the Annual Gross Income (Line 9) X .03 $ ___________

Enter Difference between this figure and Annual gross Income here         - $ _________

18.  EARNED INCOME DISREGARD/SELF-SUFFICIENCY INCENTIVES FOR PERSONS WITH DISABILITIES. In addition to deductions mandated in 24CFR5.611(a), HUD requires disregard

 for income to previously unemployed persons with disabilities who have earned income as described

 in 24CFR5.617(a)(b)(c)(d).

 For additional guidance, refer to the Income Exclusions section on page 5    

19.  ANNUAL ADJUSTED INCOME. (Subtract line #’s 13 through 18 from the ANNUAL

GROSS INCOME)                     $ _________

20.  MONTHLY ADJUSTED INCOME. (Line 19 divided by 12)         $ _________

21. 30% of MONTHLY ADJUSTED INCOME   (Multiply Line 20 by .3)       $ ________

22. RESIDENT RENT PAYMENT

Compare Line 11 on page 2 to Line 21 and enter the higher number here.       $ ________

THIS IS THE RESIDENT RENT PAYMENT

NOTE: After the 10% and 30% calculations have been determined, the client must pay the higher of the

two amounts. If either the 10% gross or 30% adjusted income amounts are greater than the Fair Market

Rent (FMR- or rent standard) or the resident’s actual rent, the applicant is not eligible for long-term

HOPWA rental assistance.

When determining the resident’s payment portion when utilities are NOT included in the rent but need to be paid out-of-pocket by the resident, follow steps 23-25.

23. RESIDENT RENT PAYMENT (enter the amount from line #22)         $ _________

24. UTILITY ALLOWANCE per HUD Guidelines……(Subtract from line #23)

Copies of HUD-approved utility allowance charts may be obtained from local Public

Housing Authority offices, and are updated on a periodic basis. Allowances may vary - $ __________

by community.                    

25. TOTAL RESIDENT RENT/UTILITY PAYMENT           $ _________

If line #25 is a negative number, this is the amount to be reimbursed directly to the tenant, based on having paid utilities out-of-pocket. Client reimbursements may be paid out of HOPWA grant funds.

INCOME EXCLUSIONS

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

For complete regulations, refer to 24CFR5.609(c)

Annual Gross Income Does Not Include:

1. Income from employment of children (including foster children) under the age of 18 years;

2. Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone);

3.  Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses;

4.  Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member;

5.  Income of a live-in aide;

6.  The full amount of student financial assistance paid directly to the student or to the educational institution;

7.  The special pay to a family member serving in the Armed Forces who is exposed to hostile fire;

8.  (a) Amounts received under training programs funded by HUD;

(b) Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income (SSI) eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS);

(c) Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program;

(d) Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the Public Housing Authority (PHA) or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the PHA’s governing board. No resident may receive more than one such stipend during the same period of time;

(e) Incremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment-training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment-training program;

9.  Temporary, nonrecurring or sporadic income (including gifts);

Continued on next page…………………….

10.  Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era;

11.  Earnings in excess of $480 for each full-time student 18 years or older (excluding the head of household and spouse);

12.  Adoption assistance payments in excess of $480 per adopted child;

13. Deferred periodic amounts from Supplemental Security Income (SSI) and Social Security benefits that are received in a lump sum amount or in prospective monthly amounts.

14.   Amounts received by the family in the form of refunds or rebates under State or local law for property taxes paid on the dwelling unit;

15.   Amounts paid by a State agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home; or

16.   Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24CFR5.609(c) apply. A notice will be published in the Federal Register and distributed to PHAs and housing owners identifying the benefits that qualify for this exclusion. Updates will be published and distributed when necessary.

Mandatory Earnings Disregard for Disabled Households

In 2001, HUD finalized regulations (24CFR5.617) for rent-based work incentives for people with disabilities.

For households participating in the Section 8 Voucher Programs, Public Housing, HOME, Supportive Housing Program, or the HOPWA program the regulations provide for a disregard of annual income increases as a result of:

•  Employment of a family member with a disability who was unemployed for at least 12 months prior to employment. “Unemployed” means that the person earned less than what he or she could earn working for 10 hours per week for 50 weeks at minimum wage; or

•  Increased earnings by a family member with a disability during participation in any economic self-sufficiency or other job training program; or

•  New employment or increased earnings of a family member who received at least $500 in TANF assistance, benefits, or services within 6 months of either going to work or increasing earnings.

Increase in Annual Income Disregarded (for rent calculation)

•  First Year: 100% of income increase due to increased earnings;

•  Second Year: 50% of income increase due to increased earnings.

For further questions or specific guidance on this topic, please contact your local Public Housing Authority or Housing Choice Voucher office.

ATTACHMENT C

HOPWA HOUSING PRODUCTION

COMPLETION REPORT

To be completed and filed with BHCD within 90 days of project completion

Name of Project: Howard House

Address of Project: 2644 SE Powell Blvd.

Name of Developer that received HOPWA funds: Caritas

Who completed this form:          Date Completed:    

Phone Number:              

Units Assisted With HOPWA Assistance

By unit type

Date of Closing on the Building: ____/____/_____

Date Construction/Rehab:

 Started ___/___/___

 Completed ___/___/___

Date Operations Staff Hired: ___/___/___

Date Residents Begin to Occupy: ___/___/___

USE OF HOPWA FUNDING IN PROJECT

Site Expenditures

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

RACIAL DATA OF CLIENTS SERVED DURING REPORTING PERIOD

Total should add up to the total people served.

Household Beneficiary    [ ]    

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

Income. Report on the average median income of households served with HOPWA-funded housing assistance.

RECENT LIVING SITUATION COUNTS

Count the number of new clients who entered

The program or HOPWA units from the following circumstances

ATTACHMENT D

HOPWA Outcomes on Access to Care and Support

Support in conjunction with HOPWA-funded Housing Assistance. Please report on the access to services for households receiving HOPWA-funded housing assistance for all households shown, including supportive services such as from case management and/or education/employment training activities or from housing information services undertaken in conjunction with housing activities. Report on the household status at program entry (or beginning of program year for household continuing from pervious year) and program exit (or end of program year for households continuing services in the following program year).

Support NOT in conjunction with HOPWA-funded Housing Assistance. Please report on the access to services for households receiving support that is NOT related or connected to theis household also receiving HOPWA-funded housing. Report on the household status at program entry and program exit (or end of program year for households continuing services in the following program year).