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HomeMy WebLinkAboutContract 26123 STATE OF TEXAS § CITY SECRETARY Z�, (Z COUNTY OF TARRANT § CONTRACT NO. THIS contract is made and entered into by and between the City of Fort Worth ("City"), acting and through Libby Watson, its duly authorized Assistant C%p-p'anager, and Neighborhood Housing �,c Services of FW ("Contractor"), by and through Terry NZX, its duly authorized Board President. Contractor's business address is 2315 N. Main St., Suite 401, Fort Worth TX 76106. WHEREAS, the City of Fort Worth has been notified that it will receive grant monies from the United States Department of Housing and Urban Development ("HUD") through the Community Development Block Grant ("CDBG") for Year XXVI; and, WHEREAS, the primary purpose of the CDBG Program is to benefit low and moderate income citizens of Fort Worth; and, WHEREAS, the citizens of Fort Worth, the Community Development Council, and the City Council of Fort Worth have determined that Housing Programs are needed by low and moderate income citizens of Fort Worth; NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: THAT, the parties covenant and agree as follows: 1. Scope ofServic'S a. Contractor will administer housing services to citizens of the City of Fort Worth under the program name Neighborhood Housing Services ("Program"), for the term June 1, 2000 to May 31, 2001. This Contract may be extended for one (1) one-year term. Contractor shall request the extension in writing and submit the request to the City sixty (60) days prior to the end of the contract. The City may then approve the extension of the Contract for another year. It is specifically understood that it is the City's sole discretion whether to approve or deny the request. Program objectives are to: • Assist families and individuals with an annual income of 80% of median or less to obtain affordable financing and ancillary services to purchase and/or rehabilitate a primary residence in a CDBG eligible area of Fort Worth, with primary focus in Near Northside, Polytechnic Heights and Riverside. • Increase resident involvement in the identification of and successful response to neighborhood needs in the target neighborhoods-Near Northside, Polytechnic Heights and Riverside. Contractor provides the following programs and services in CDBG eligible areas of Fort Worth with primary focus in Near Northside, Polytechnic Heights and Riverside. • Low interest financing for home ownership and owner occupied rehabilitation, and additional services to encourage home ownership. • Development of housing through the acquisition/rehabilitation/resale of existing substandard single family housing and new construction. • Technical assistance to residents of Contractor's target neighborhoods to assist them in v�(�DCO � G�CCuGD C�rV ECE)ERQ11 ro organizing to identify and address neighborhood issues which aid in the prevention or elimination of slum or blight. Contractor's Housing Revolving Loan Funds ("RLF") are being incorporated into this contract as Exhibit "E"-REVOLVING LOAN FUNDS OPERATIONS. b. Contractor will provide the services and activities delineated in Exhibit A, Activities and Outcomes Summary in accordance with Exhibit B, Implementation Schedule. c. Contractor agrees to meet the National Objective of activities benefiting low and moderate income individuals and to maintain full documentation supporting fulfillment of this National Objective in its files. d. City will monitor the performance of the Contractor against the goals and performance standards required herein. Substandard performance as determined by City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by Contractor within a reasonable period of time after being notified in writing by City, contract suspension or termination procedures will be initiated. 2. Funds - Disbm•sement City ,vill disburse CDBG Year XXVI monies in an amount not to exceed $55,958 to Contractor on a fee-for-services basis. 3. Funds - Requirements a. Payments will be processed by City following receipt of an invoice from Contractor for services provided and applicable supporting documents described in paragraph 6. Payment of eligible services shall be made against that documentation. b. Contractor agrees to utilize all disbursed CDBG funds for the benefit of the Program. Contractor agrees that funds will be expended in accordance with the budget-Exhibit C, Program Operating Budget. Contractor may not increase or decrease line-item amounts in the approved CDBG Program Operating Budget without prior written approval by the City. Under no circumstances shall the total amount of program operating funds expended by Contractor from CDBG funds paid by the City exceed $55,958. c. It is understood that the total cost for operation of this program is $300,374 and that Contractor will obtain the remaining funds in excess of the CDBG amount as detailed in the Program Operating Budget. Contractor will notify City promptly of any additional funding it receives for operation of the Program, and City reserves the right to amend the Program Operating Budget in such instances. d. Contractor agrees to keep all CDBG monies on hand in interest bearing accounts. All interest earned shall be reported to City on a monthly basis, at the same time as submission of the monthly report following the end of the contract month during which the interest was earned. Interest in an amount of$25.00 or less per month may be used for authorized program expenses. These amounts must be reported on the monthly financial statements filed pursuant to this contract. Interest earned in excess of$25.00 per month is subject to remittance to City as directed by City. e. Contractor will not commingle CDBG monies with any other funds in any manner which would prevent City from readily identifying program expenditures for operation of the Program. f. Contractor agrees that all program income from operation of the Program in proportion to the amount of CDBG funds received hereunder will be expended prior to expending CDBG monies and that any such program income is subject to the terms of this contract. CDBG monies may be � z ��0 G8°` G��� i) DO expended by the Contractor only if program income is insufficient to meet all eligible program activity expenses. Contractor agrees to return to City at the end of the Contract any remaining program income earned from operation of the Program in proportion to the amount of CDBG funds in the overall operating budget. g. The Contractor shall comply with City policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property, as defined by such policy, procured with funds provided herein. The Contractor shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84. Ii. CDBG Housing Assistance Fund 1. Polytechnic Heights Revolving Loan Fund Contractor may keep on hand an amount of funds not to exceed $45,000 in revolving loan funds, from which it will make home Owner-occupied home improvement loans or Purchase/Rehab/Resale loans. All principal and interest received by Contractor shall be returned to the revolving loan fund, to be used for loans. 2. Near Northside Revolving Loan Fund Contractor may keep on hand an amount of funds not to exceed 545,000 in revolving loan funds, from which it will make home owner-occupied home improvement loans or Purchase/Rehab/Resale loans. All principal and interest received by Contractor shall be returned to the revolving loan fund, to be used for loans. 3. Purchase/Rehab/Resale Fund Contractor may keep on hand an amount of Purchase/Rehab/Resale funds not to exceed $45,000 from which it will make Purchase/Rehab/Resale loans Or Owner-occupied home improvement loans. Loan principal and interest received by Contractor shall be returned to the revolving loan fund, to be used for loans. The Purchase/Rehab/Resale program will operate in the Near Northside, Polytechnic Heights and Riverside target areas of the City. Contractor may use CDBG Revolving Loan Funds and Purchase/Rehab/Resale program funds in tandem with other funds, financing from banks and other financial entities in order to provide low interest, owner-occupied home improvement loans, and the purchase/rehab/resale of homes to qualified low and moderate income home buyers in the three primary target areas. The lien by Contractor against properties may be secondary to that Of any financial lending Institution. Contractor may sell to Neighborhood Housing Services of America (NHSA) any loans which have been financed in whole or in part with CDBG funds to the full extent of CDBG fiinding in the loans, in order to replenish Contractor's loan fund. 4. Genercil Provisions a. Contractor will require all construction contractors or subcontractors, to maintain a policy of I� G'� JG1� M'rG")MI RN R. 'WO-,11`fl, Va. public liability insurance in an amount of$500,000, combined single limit, and worker's compensation insurance in the amount provided by state laws. b. Contractor will require all construction contractors and subcontractors to comply with the procedures concerning lead-based paint hazards, in accordance with Exhibit F Lead Based Paint Guidelines, attached hereto and made a part of this contract. c. Contractor agrees that all properties qualifying to receive rehabilitation loans under the "slum and blight" criteria must be reviewed and approved by City prior to loan commitment. d. At the time of execution of any loan agreement hereunder, Contractor shall require the intended borrower to execute and furnish to Contractor a lien on the property guaranteeing repayment of the funds loaned. Contractor shall require the construction contractor in each rehabilitation to certify that all persons, firms, associations, corporations or other organizations furnishing labor and/or materials, have been paid in full and that no claims are pending for labor or materials, personal injury or property damage. Contractor covenants and agrees that it shall comply with all laws of the State of Texas with respect to the necessary retainage of payment to contractors so as to protect the owners or property materialman's liens, and more particularly, Contractor shall comply Nvith state law with respect to such secured by a promissory note without lien. 5. Unijbi-i t 11(hninislralire Requirements and Nogranr Alanageniew Standards a. Financial Management i. Accounting Standards The Contractor agrees to comply with 24 CFR 84.21 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. ii. Cost Principles Contractor shall administer the Program in conformance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations" and attachments and revisions thereto, regarding principles for determining costs for the Program. b. Documentation and Record Keeping i. Contractor shall maintain all records pertinent to the activities to be funded under this Agreement required by HUD regulations specified in 24 CFR 5 570.506. In addition, Contractor agrees to keep records to fully document all expenditures charged to the CDBG program. The documentation must support the amounts charged to Program and demonstrate that the expenditures were appropriate to the stated goals of the Program and allowable under applicable federal, state and City guidelines. ii. Retention (1) All records pertaining to Program shall be retained for five (5) years following the date of termination of this contract. Contractor may destroy Program records at the end of this five (5) year period if no outstanding audit finding exists. (2) Contractor will retain Program loan records until five (5) years after the expiration of the loan. (3) Contractor will maintain real property inventory records which clearly identify properties purchased, improved, or sold. Properties retained shall meet eligibility criteria and shall conform with 24 CFR § 570.505. iii. Close Outs Contractor's obligation to City shall not end until all close-out r eted. FFLC CSL V�'EC(3VF @ oWoNjIINBV[�`'e Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets ( including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. iv. Audits and Inspections (1) City, HUD, and the United States Comptroller General, or their representatives, shall have access to any books, documents, records and papers relating to the operations of Contractor under this Agreement for the purpose of audit, examination, exception and transcription at all reasonable hours at all offices of Contractor. (2) For all contracts in the amount of $300,000 or more, Contractor must submit to City an annual audit prepared in accordance with 24 CFR Sections § 570.502-570.503 generally, with specific reference to OMB Circulars (with attachments) A-122 and A-133 as appropriate. The audit may cover either Contractor's fiscal year during which this contract is in force or cover the period of this contract. The audit must be prepared by an independent certified public accountant, be completed within twelve (12) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. Contractor's audit schedule is attached hereto as Exhibit D - Audit Schedule. Costs of preparation of this audit may be an allowable expenditure of CDBG funds In an amount proportional to that of the CDBG funds used in contractor's total agency operating budget. (3) City reserves the right to perform an audit of Contractor's program operations and finances at any time during the term of this contract, if City determines that such audit is necessary for City's compliance with OMB Circular A-128. City will perform six (6) month and year-end financial and programmatic audits with periodic site visits as appropriate. Contractor aurees to allow access to all pertinent materials. If such audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15) days after notice to Contractor. If questions are not resolved within this period, City reserves the right to withhold further funding under this and/or future contract(s). (4) If as a result of any audit it is determined that Contractor has misused, misapplied or misappropriated all or any part of the grant funds described herein, Contractor agrees to reimburse the City the amount of such monies misused, misapplied or misappropriated, plus the amount of any sanction, penalty or other charge levied against City because of such misuse., misapplication or misappropriation. 6. Reporting Procedures a. Financial Reports Contractor will submit to City on a monthly basis an invoice for services and activities accomplished by Contractor in performance of this Contract. The invoice must be signed by a duly authorized agent of Contractor and submitted by the 15`x' of the month following the month being reported. b. Performance Reports Contractor will submit to City on a monthly basis: (1) Attachment IV and (2) Attachment IV(A), Program Services Report to City for services and activities accomplished by Contractor in performance of this contract. The report will be signed by a duly authorized agent of Contractor and submitted by the 15''' of the month following the month which is reported. C-1 N1,11-M °EY 7. Reversion of Assets a. Contractor agrees to return to City any CDBG funds remaining on hand at the end of the Contract. b. All property purchased with CDBG funds under this contract will be used solely for operation of the Program. Contractor agrees to obtain City approval prior to purchase of property. Contractor agrees to notify City upon receipt of property so that it may be properly tagged and inventoried. title to such property will be vested with the City, and, at the termination of the Program for which CDBG fiends have been received, Contractor will deliver all such property to City for disposition at City's sole discretion. c. In the event the Contractor administering the revolving fund established under this contract is dissolved, this contract shall thereupon terminate. In the event this contract is terminated with or without cause, or for any reason whatsoever, all assets of the CDBG revolving fund including cash, interest payments thereon from loans or otherwise, all outstanding notes, mortgages and other instruments to secure CDBG funds and any real property owned by the Contractor that was acquired or improved with CDBG funds from the revolving fund shall belong to the City and shall be transferred to the City or to such assignees as the City may designate. 8. Applicable Laws a. Federal Contractor agrees to comply with the following laws and the regulations issued thereunder as they are currently written or are hereafter amended during performance of this contract: • Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq) • Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq) • Executive Orders 11063, 11246, as amended by 11375 and as supplemented by Department of Labor regulations (41 CFR , Part 60) • The Age Discrimination Act of 1975 (42 USC 6101-07 and implementing regulations at 24 CFR part 146 • Section 504 of the Rehabilitation Act of 1973 (29 USC 794) • The Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat. 3359 , as amended), specifically including the provisions requiring employer verification of the legal status of its employees • The Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat. 1815, as amended) • The Americans with Disabilities Act of 1990 (42 USC 12101 et seq) • The Drug Free Workplace Act of 1988 (24 CFR part 23, subpart F) b. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701 As the work to be performed under this contract is on a project assisted under a program providing, direct Federal financial assistance from the Department of housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701, Contractor convenants to abide by the requirements of the said Section 3. It requires as follows: (i) That, to the greatest extent feasible, opportunities for training and employment be given to lower 6 v'IMC-N l G -0111 D ��n 1�1�f�'IIIIUE'K income residents of the project area, and (ii) That, to the greatest extent feasible, contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. Contractor will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development, set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. Contractor certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. Contractor agrees that it will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any. a notice advising the said labor organization or workers representatives of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. Contractor agrees that it will include the said Section 3 clause in every subcontract for work in connection with the project and will, at direction of City, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. Contractor agrees that it will not subcontract with any subcontractor where it has knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any contract unless the subcontractor has first provided Contractor with a preliminary statement of ability to comply with the requirements of these regulations. City and Contractor understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract shall be a condition of the Federal financial assistance provided to the project, binding upon the and the Contractor, and their respective successors. assigns and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, its successors and assigns, to those sanctions specified by the Grant Agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR 135- c. Other Laws Contractor covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with all other laws, federal, state and local, relevant to the performance of this contract, including all ordinances, rules and regulations of the City of Fort Worth and the Housing and Community Development Act of 1974 (Pub. L. 93-383, 885 Stat. 633,), as amended, and all regulations pertaining thereto. Contractor further promises and agrees that it has read, and is familiar with, terms and conditions of the Community Development Block Grant under which funds are granted and that it will fully comply �yith same. It is agreed and understood that, if City calls the attention of Contractor to any such violation on the part of Contractor or any of its officers, members, agents, employees, program participants or subcontractors, then Contractor shall immediately desist from and correct such violation. 9. Nondiscrimination a. Contractor, in the execution, performance or attempted performance of this contract and agreement, will not unlawfully discriminate against any person or persons because of sex, race, religion, age, disability, color or national origin, nor will Contractor permit its officers, members, agents, employees, subcontractors or program participants to engage in such discrimination. b. In accordance with the policy of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of bona fide occupational qualification, retirement plan or statutory requirement. c. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a 111ax1111U111 age limit for such employment unless the specified nlaxinlunl a0e limit is based upon a bona fide occupational qualification, retirement plan or Statutory requirement. d. In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with Contractor, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims of allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. e. This agreement is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3 ("Discrimination in Employment Practices"), of the City Code of the City of Fort Worth, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and subcontractors, leave fully complied with all provisions of same and that no employee, employee-applicant or program participant has been discriminated against by the terms of such ordinances by either the Contractor or its officers, members, agents, employees or subcontractors. 10. Prohibition Against Interest a. No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Program is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the Program funded hereunder during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts hereunder. b. No member, officer, employee, or program participant of Contractor or its subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder or be financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies 8 � G1lzi�L E'E P T�� 5 E Ell G' �G,17 or services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors shall render this contract voidable by the City of Fort Worth. 11. Minority and Women Business Enterprise Commitment Contractor agrees to abide by the City of Fort Worth's policy to involve Minority and Women Business Enterprises (MWBE) in all phases its procurement practices and to provide them an equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Therefore, Contractor agrees to incorporate City Ordinance No. 11923, and all amendments or successor policies thereto, into all contracts and will further require all persons or entities with whom it contracts to comply with said Policy. 12. Von-Assignment Contractor will not assign any or all of its rights or responsibilities under this contract without the prior written approval of City. Any purported assignment without such approval will be a breach of this contract and void in all respects. 13. Independent Contractor a. Contractor shall operate hereunder as an independent contractor and not as an officer. agent, servant or employee of City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitee. The doctrine of respondeat superior shall not apply as between City and Contractor, its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the Contractor, nor any program participant hereunder, is in the paid service of City and that City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees. b. City shall in no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, prop_>ram participants. licensees or invitees, which may be lost, stolen, destroyed or in any ,vay damaged, and Contractor hereby indemnities and holds harmless City and its officers, agents, and employees from and against any and all claims or suits. 14. Insurance and Bonding a. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, City and its officers, agents, servants and employees from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the exeCllti0n, performance, attempted performance or nonperformance of this contract and agreement t G'CUG�@ � , *IrGM� ►°G?1 U Uo 06�1{1CIL g val - and/or the operations, activities and services of the Program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City; and Contractor hereby assumes all liability and responsibility of City and its officers, agents, servants, and employees for any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kinds or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or non-performance of this contract and agreement and/or the operations, activities and services of the programs described herein, whether or not caused in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City. Contractor likewise covenants and agrees to and does hereby indemnify and hold harmless City from and against any and all injury, damage or destruction of property of City, arising Out or in connection with all acts or omissions Of Contractor, its officers, members, agents, employees, subcontractors, invitees, licensees, or program participants, or caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors Or subcontractors of City. b. Contractor will maintain a blanket fidelity coverage in the form of an insurance bond in the amount Of $30,000, to insure against loss from the fraud, theft or dishonesty Of any Of Contractor's officers, a�,,ents, trustees, directors or employees. The proceeds of such bond shall be used to reimburse City for any and all loss of CDGB monies occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to City for the uses and benefit of Contractor. c. Contractor shall furnish to the City , in a timely manner, certificates Of insurance as proof that it has secured and paid for policies Of commercial insurance as specified herein. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement. Contractor shall maintain the following coverages and limits thereof: i. Commercial General Liability Insurance $500,000 each Occurrence $500,000 aggregate limit ii. Business Automobile Liability Insurance $500,000 each accident Insurance policy shall be endorsed to cover"Any Auto". Pending availability of the following coverage, and at the discretion of the Contractor, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Contractor's business as contracted herein. ii. Directors and Officers Insurance Optional (Highly Recommended) Note: This insurance shall cover the Contractor and any associated Board of Directors members. iv. Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $500,000 each accident $500,000 disease - each employee $500,000 disease—policy limit Note: Such insurance shall cover employees performing work on any and all projects including but not limited to construction, demolition, rehabilitation. Coverage shall be maintained by Contractor or its subcontractors. In the event the respective subcontractors do not maintain R G1GAk GECGG�D CC:OPV �( " �° coverage, the Contractor shall maintain the coverage on such subcontractors for each applicable subcontract. v. Additional Requirements Such insurance amounts shall be revised upward at City's option and that Contractor shall revise such amounts within thirty (30) days following notice to Contractor of such requirements. Contractor will submit to City document that it has obtained insurance coverage and has executed bonds as required in this contract and prior to payment of any monies hereunder. Each insurance policy shall be endorsed to provide City to provide City with a maximum sixty (60) days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. Insurance policies required herein shall be endorsed to include the City of Fort North as an additional insured as its interests may appear. Additional insured parties shall include employees, officers, agents, and volunteers of the City of Fort North. The Workers' Compensation Insurance policy shall be endorsed to include a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of the City of Fort North. Any failure on part of the Citv to request certificate(s) of insurance shall not be construed as a waiver of such requirement nor as a waiver of the insurance requirements themselves. Insurers of Contractor's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to business in the state of Texas. Insurers shall be acceptable to the City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A:V1I or other equivalent insurance industry standard rating unless otherwise approved by the City of Fort Worth. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by the City of Fort Worth. In the event there are any local, federal or other regulatory insurance or bonding requirements for the housing program addressed in this contract, should such requirements exceed those specified herein, the former shall prevail. Contractor shall agree to require its subcontractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Contractor shall require its subcontractors to provide Contractor with certificate(s) of insurance documenting same; and, Contractor shall require its subcontractors to have the City of Fort North and the Contractor endorsed as additional insureds (as their interests may appear) on their respective insurance policies. Contractor shall require its subcontractors to maintain builders risk insurance at the limit of applicable project(s) costs when the value of materials involved exceeds $10,000 or at a different limit value limit as specified by the City of Fort Worth. 15. TVaivcr of Immunity If Contractor, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property; Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. N nN,N�["�G�` F, Y�"') INLU If o 16. Termination a. In addition to, and not in substitution for, other provisions of this Agreement regarding the provision of public services with CDBG funds, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, it is expressly understood and agreed by and between the parties hereto that this agreement is wholly conditioned upon the actual receipt by City of Federal CDBG Year XXVI Rinds; that all monies distributed to Contractor hereunder shall be exclusively from Federal monies received under said grant and not from any monies of City; and that if such funds under said grant are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this contract and agreement and City shall not be liable for payment for any wort: or services performed by Contractor under or in connection with this contract. b. City may terminate this contract whenever such termination is determined to be in the best interest of City, in event of Contractor's default, inability or failure to perform or to comply with any of the terms herein, or for other good cause. c. The parties acknowledge that CDBG funds paid hereunder are intended to provide only partial funding for Contractor's program operations. If non-CDBG funds included in the Operatino Budget are not forthcoming to Contractor during the contract term, City may terminate this contract. d. CDBG funds provided hereunder may not be used as collateral for loans to Contractor to defray program operation expenses, and any attempted use of CDBG funds for this purpose will result in termination of this contract by City. e. Termination will be effected by written notice to Contractor, specifying the portions of the contract affected and the effective date of termination. Upon Contractor's receipt of such termination notice, Contractor will: • Stop work under the contract on the date and to the extent specified by City; • Cease expenditures of CDBG monies, except as necessary for completion of the portions of the contract not terminated; and • Terminate all orders and contracts to the extent that they relate to terminated portions of the contract. f. Contractor will return to City any unused monies previously advanced by City under this contract within thirty (30) days of the effective date of contract termination. City will have no responsibility or liability for Contractor's expenditures or actions occurring after the effective date of contract termination. 17. Certification Regarding Lobbying a. The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or emplo-yeeof Congress or an employee of a member of Congress in connection with the awarding of an), federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in 12 �a VUV�LrlUllllo �5!!�c connection with this federal contract, grant, loan or cooperative agreement, Contractor shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 13. Miscellaneous Provisions a. All terms of this contract shall apply to any and all subcontractors of Contractor who are in any way paid with CDBG funds or who perform any work in connection with Contractor's program. b. The provisions of this agreement are severable, and, if for any reason a clause, sentence, paragraph or other part of this agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. c. The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. d. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or nonperformance of this contract and agreement, venue for said action shall lie in Tarrant County, Texas. e. This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this contract for all purposes, constitute the entire agreement between the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this contract must be in writing and must be approved by each party to this contract. 3 IN WITNESS WHEREOF, the parties hereto have e ut three copies of this contract in Fort Worth, Tarrant County, Texas, this S f day of _ , A.D. 2000. CITY OF FORT WORTH NEIGHBORHOOD HOUSING SERVICES OF FORT WORTH By: By: ibvyWat n Terry '0,7(,% Assistant City Manager President // APPROVED AS TO FORM AND LEGALITY: i' Asst. City Attorney AT ST: Ci y Secretary 1,)qq / Contract Authorization Date WIND 14 V H �ISWo STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Libby Watson, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort North and that she executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /U ► da}' of , A.D. 2000. ROSELLA BARNES NOTARY PUBLIC Notary Public in and for WState of Texas the State of Texas COMM. Exp. 03-31-2001 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the und.ersig eci Lit�ority, a Notary Public in and for the State of Texas, on this day personally appeared Terry, )mown to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, as the act and deed for Neighborhood Housing Services of Fort Worth and in the capacity therein stated as its duly authorized officer or representati , . GIVEN UNDER MY HAND AND SEAL OF OFFICE this / day of , A.D. 2000. jo ry Pu is in and for =CANDtate of Texas N;,�;=fly G�MaG?f EXHIBIT A PROGRAM SUMMARY PROGRAM TITLE NEIGHBORHOOD HOUSING SERVICES CDBG Year XXVI PERSONAL SERVICES $0 SUPPLIES $0.00 CONTRACTUAL SERVICES $55,958.00 CAPITAL OUTLAY $0.00 TOTAL $55,958.00 DESCRIPTION: Neighborhood Housing Services provides the following programs and services in CDBG eligible areas of Fort Worth with primary focus in Near Northside,Polytechnic Heights and Riverside: o Low interest financing and additional services to encourge homeownership. o Development of housing through the acquisition/rehabilitationlresale of existing substandard single family housing and new construction. o Technical assistance to residents of NHS target neighborhoods to assist them in organizing to identify and address neighborhood issues which aid in the prevention or elimination of slum and blight. The contract period is for the term beginning June 1,2000 and ending May 31,2001. PROGRAM OBJECTIVES: To provide home inspections, To provide loan closing services, To administer the revolving loan fund portfolio, PROGRAM MEASURES: Projected Goals Number home inspections conducted 45 Number home loans closed for CDBG eligible clients 15 Number of loans serviced 70 i CNN RIC drPIVARY Ff. ;�� EXHIBIT B F � M G V Q M N 0 U � 7 � � V N R L L z a W W — A � W x > L wJ z U y.y L on �c x � � � ~ L O 0 3 L � O ti U z d � C O 7 W o p, ,c O W c o° F- g U L W c on 0 0 0 R Q cw U CI ry EVL R. �uL'ms I ��. EXHIBIT C OPERATING BUDGET FEE-FOR-SERVICE Minimum# Service Provided of Units Unit Price Total Fee A. Home inspections 45 $ 1084/ea $48,780 B. Loan closings 15 $ 663/ea $9,945 C. Loans serviced 70 $ 18per loan/per mo` $15,120 TOTAL $73,845 TOTAL CDBG $55,958 * Loans serviced calculation: 70x$18x12mos.=$15,120 In�P8C0Cd1'1� �` ' !JG?CI EXHIBIT C-1 NEIGHBORHOOD HOUSING SERVICES, INC. DEFININTION OF SERVICES TO BE PAID ON A FEE-FOR-SERVICES BASIS A. HOME INSPECTIONS NHS will invoice the City of Fort Worth S1084.00 for each property inspection conducted to determine repairs needed to bring existing housing stock located within the CDBG eligible areas of Fort Worth up to HUD Housing Quality Standards. This activity will be evidenced by the completion and submission of an HQS inspection form. B. LOAN CLOSINGS .NHS will invoice the City of Fort Worth S663.00 for completed financial transactions which finance purchase, purchase with rehab, refinance with rehab, or home improvements for low to moderate income borrowers for housing stock located within CDBG eligible areas of Fort Worth. These transactions may be made with either NHS administered funding, or other sources of funding not administered by NHS. Activities or services in this payment category include but are not limited to application intake and processing. This activity will be evidenced by the submission of settlement statements. C. LOANS SERVICED NHS will invoice the City of Fort Worth 51,260.00 monthly for activities to set up, accept and properly record loan payments; and manage tax, insurance, and insurance repair escrows for loans originated from the CDBG Revolving Loan Funds received from the City of Fort Worth, and administered by NHS. ��oc ''G'L�91 �E EXHIBIT 0 INDEPENDENT AUDIT REQUIREMENT BUSINESS/AGENCY NAME: PROGRAM: AMOUNT FUNDED: $ Name of Independent Auditor who will perform agency audit: (Independent Auditor) Date audit is to perform: (Month and Year) The following language is a condition of your contract with the City: "In accordance with OMB Circulars A-128 and A-133, for all contracts in the amount of$300,000 or more, Contractor must submit to City an annual audit of its program operations and finances, covering either its fiscal year during which this contract is in force or covering the period of this contract. This audit must be prepared by an independent certified public accountant and must be submitted within three(3) months of its completion . Costs of preparation of this audit may be an allowable expenditure of federal funds in an amount proportional to that of the federal funds used in Contractor's total agency operating budget." Signature Date uKHNAL PECMIMD INTY KCleI EN EXHIBIT E REVOLVING FUND OPERATION I. TERM OF CONTRACT This agreement shall be in effect June 1,2000 through May 31, 2001. II. SCOPE OF WORK Contractor will continue its administration of the Polytechnic Heights,Near Northside, and Purchase/Rehab/Resale Revolving Funds as a part of the CDBG Year XXVI contract. The Revolving Funds will finance first and/or second lien, low interest loans for purchase, purchase with rehab, refinance with rehab, and home improvement loans for eligible borrowers(owner-occupants) with incomes at or below 80 percent of adjusted median income. These funds may also be used by the contractor to acquire, rehabilitate, and resell housing units. A. Polytechnic Heights Revolving Fund—This fund can be used only within the boundaries of the NHS Polytechnic Heights targeted neighborhood. Contractor may keep on hand an amount of funds not to exceed $45,000 in revolving funds. B. Near Northside Revolving Fund—This fund can be used only within the boundaries of the NHS Near Northside targeted neighborhood. Contractor may keep on hand an amount of funds not to exceed $45,000 in revolving funds. C. Purchase/Rehab/Resale Revolving Fund—This fund can be used only within the boundaries of the NHS Near Northside, Polytechnic Heights, and Riverside targeted neighborhoods. Contractor may keep on hand an amount of funds not to exceed $45,000 in revolving funds. Ill. GENERAL PROVISIONS 1. Revolving Loan fund monies shall continue to be initially deposited in separate bank accounts. All monies so deposited in said lending institution shall remain subject to the same restrictions stated in this contract prohibiting commingling of fiords and requiring the return Of unused portions to the City at termination. 2. Loans made from the Revolving Loan Fund shall be interest bearing with the interest rate depending on the borrower's ability to pay. Any repair and rehabilitation work done pursuant to each loan approved shall be sufficient to bring the housing to which each Loan applies into compliance with HUD Housing Quality Standards. 3. The repayment of the principal of the loan made thereunder, together with the interest thereon received by contractor shall be added to the CDBG funds placed in the Revolving Fund for funding of loans made under this agreement. All interest income received by Contractor from the investment of said CDBG funds, and said repayment of principal and interest on loans thereunder, also shall be used for loans. All normal borrower closing costs including, but not limited to title search, title insurance, title curative work, credit verification, property survey, and real estate appraisal work may be included as a part of the principal amount of such loans. G`L,'�jG�'G`�fL (�(� r 1L�liE CICU 4. At the time of any loan agreement thereunder, Contractor shall require the prospective borrower to execute and furnish to Contractor a lien on the property guaranteeing repayment of the funds loaned. Contractor covenants and agrees that it shall comply with all laws of the State of Texas with respect to Statutory retainage of construction contract funds so as to protect the property being rehabilitated thereunder from mechanic's and materialman's liens. 5. Contractor will abide with the following additional conditions: a) The Contractor's Loan Committee is authorized to approve loan applications and to determine terms and conditions such loans not inconsistent with this Agreement. Contractor shall keep and record minutes of each meeting and shall maintain complete and accurate records of all loans made, loan applications rejected and other business transacted by the Loan Committee, as the City may reasonably require. Contractor shall make all or any of its records and accounts available to the City for inspection or audit upon request by the City at such times and places as the City may reasonable direct. Contractor shall supply all of the information, reports, statements, agreements and other materials needed by the Loan Committee for considering and granting loans. Contractor shall prepare all instruments necessary for the proper closing of each loan and fully process and service all loans, including collection of all amounts due under each loan. Contractor shall provide the training and experience necessary to carry out in a professional manner all of its duties under the Agreement. b) Contractor understands and agrees that one of the purposes of the Revolving Fund Program hereby undertaken is to bring substandard housing up to City Code standards. It is expressly understood and agreed that all work and services to be performed shall conform to requirements of Fire, Health, Building an other relevant Codes of the City of Fort, and Contractor shall require in each loan contract that all required permits and inspections under said Codes shall be obtained and had. All FL►nd1n1- to Contractor by City's is conditioned upon compliance with this paragraph. C) Contractor will require all construction contractors and subcontractors to maintain a policy of public liability insurance in the amount of$500,000.00, combined single limit, and worker's compensation insurance in the amounts required by state law. d) Contractor will require all construction contractors and subcontractors to comply the procedures concerning lead based paint hazards, in accordance with EXHIBIT"F"% LEAD BASED PAINT REGULATIONS. giIG'�} CRV FF, W 15'`1A Rti'a EXHIBIT F Lead-Based Paint Regulations Changes On September 15, 19919,HUD issued a new Federal lead-based paint regulation implementing Title X of the Housing and Community Development Act of 1992. This regulation makes many important changes in the lead-based paint requirements applicable to housing funded through HUD's Community Planning and Development(CPD) programs. State and local jurisdictions that receive funding from the Community Development Block Grant(CDBG) Program, HOME Program, McKinney Act homeless programs and other CPD programs must prepare to meet these requirements by September 15, 2000. GGC SQL EEC(05 jVPD �d?V��EE RM,Es' Attachment 1 ADDRESSING LEAD-BASED PAINT IN LOCAL HOUSING PROGRAMS-- KEY LESSONS Why is Action Needed? ❑ Lead-based paint in older housing is the primary cause of lead poisoning ➢ 64 million homes have lead-based paint. ➢ 20 million homes have conditions that expose families to unsafe levels of lead. ❑ Lead-based paint threatens the health and future of families and our children. Without action,it also poses a threat to housing providers. ❑ Tremendous progress has been made in reducing lead poisoning. Lead-based paint in housing is the final remaining source of lead that directly threatens famiiies. ❑ States and communities are meeting the challenge. ➢ The new regulation presents challenges—it will impact housing program production and operations. ➢ Programs in many communities are already successfully addressing lead. ➢ Practical actions are available that protect families Understanding Lead and Lead-Based Paint Hazards ❑ Lead poisoning does not have obvious symptoms, but it has long-term effects. ➢ Some potential effects include damage to brain and nervous system,loss of intelligence,and learning difficulties. ➢ The only way to know for sure if someone has been poisoned is to perform a blood test. ❑ Not all lead-based paint is a hazard. ➢ Intact lead-based paint does not cause lead exposure. 7 Lead hazards include deteriorated paint,lead-contaminated dust and lead-contaminated soil. Meeting the New Lead-Based Paint Regulation ❑ The new lead-based paint regulation emphasizes practical solutions. ➢ Required actions depend upon the activity,as well as the amount and duration of Federal assistance. ➢ Lead hazard reduction,rather than abatement ❑ The regulation gives States and communPues flexibility. rv, ��'`:'��� VLao- TAKING ACTION TO ADDRESS LEAD-BASED PAINT By September 15,2000,successful State and local housing programs receiving Federal funds will have: 0 Revised their program procedures and documents to implement the additional steps required for: ➢ Providing notification ➢ Identifying lead hazards ➢ Performing lead hazard reduction,using safe work practices and achieving"clearance" ➢ Implementing ongoing maintenance where required ➢ Responding to lead poisoned children 0 Obtained training for contractors and program staff on lead hazard evaluation and reduction. 0 Developed methods and assembled materials to educate rental property owners, homeowners,and occupants of rental housing about the new requirements. 0 Established working relationships with lead professionals and key partners,such as risk assessors and clearance technicians,public health departments and HUD lead grantees. O Created procedures for determining when is it more cost-effective to presume that lead hazards are present, and when it makes sense to evaluate a property. u'lffi,Cz'V1GRDD • � �ll�`lI���Wg 6'L5lNa p JJ�- _T N Cl) CL C U m O m ¢) N t C U fcn OY C. R .� N Fu m y Q C Q c = a) _ m n m C N. c` a) N m 'c '7b.-CY_ C) O U C CL O. N. Q- c Ca ;m N cz m c m � -C in < VJ ,�..0 N C) N Q O O 3 � O N -0 Y O C E= � E CL) CL Q O O C O .y d m N _0 �_ 3 ca ` v y m c E O '�7 O C ` m •N N a) .N 2 Z d U) U >- Z Fmcn - oCD m U cn o QE m = m C C 2 .m N m m U U N C Z 'n a. c U m L `m -0 -0 a) O S2. —c O CL CL c > > - CZ .m ccn nn •N m m Y m >. C N N Y Q) m •> U LL C m. N (n �-.m a Q U) O m m m a C CG �y -p (a _ .� N m O C V -IT O C ` O N N .,y (D m — a) LU _ N_ 2 O CZN Z O QIL m' _ m C m p .N d) N — Ca,3 CD O C U cn N � -= LLI � �: C C N NY m N to C N (A m nmi `a E o U m c a t cm Q w.0 rn m N O .D CO a O a) _�O 'C ,mac_ O r D c C)" ca T Fa'- "' N .c' `o C E c m ai ac) W a) Q m . o � � 3 m c m m U 0 0 WN — C Yn ca S? a) ? m ` f6 rn is m -0 _d J v> •m p C X LD L m N O O m m -0-t O n v_ Q (L M Q G a) -v -0 cn U Z Z .a C. Q cm CD- LL LL. co o c) < C C N N to •--• O N U �. f9 m. CL O c — O .0 .a .n )ti m :'" m E O` m d .0 -p w C) (n R O N �.0 C N C O 20 O m 0 0 I _ N _ cv °C c m F- ¢ E 3 m � .m aiCc ,C -lee a) ..0.. ca i C 0 QE) N W � C-i Q d = vJ U Z Z a CL cam> g Er E)) C;- C> C> L o Q N N d UY tom C L is CD ca El 3 Y.� o N t o 0- p m o 3 L) c c v) in O C CL) N y -M fQ U a) ..p_ p cz a) .� O C .O O n - n = 3 m E m N lC) C •Q m tea). m N _C Q) m m O bw — m p N L m O O O `m 'tn C E — V 1 .-- Q d CC °D Cn U Z Z '� c � U CD cu Ca: C df = N cc O = o a CD E C) J m = m O C 2Z ._ x. _ a c•C.) W O O N O N p mcc 10 Z U Tn C. A .G O m > 0 O m .a Q= cr Z J W J Q' O Wo ((,-h7q� U Uu CC1U`!`16 UWp �l�fhQS Ao Attachment 3 FOUR APPROACHES TO IMPLEMENTING LEAD HAZARD EVALUATION AND REDUCTION APPROACH 1. DO NO HARM Lead Hazard Evaluation Lead Hazard Reduction Options Paint testing performed on surfaces Repair surfaces disturbed during Presume lead-based paint is to be disturbed. work. present and use safe work practices Safe work practices used when on all surfaces being disturbed. working on areas identified as lead- based paint. Clearance performed on work site. APPROACH 2. IDENTIFY AND STABILIZE DETERIORATED PAINT. Lead Hazard Evaluation Lead Hazard Reduction Options Visual assessment performed to Paint stabilization of identified Perform paint testing on _identify deteriorated paint. deteriorated paint. deteriorated paint. Safe work Safe work practices used. practice requirements only apply to lead-based paint. Clearance performed unit-wide. APPROACH 3. IDENTIFY AND CONTROL LEAD HAZARDS Lead Hazard Evaluation Lead Hazard Reduction Options Paint testing performed on surfaces Interim controls performed on Presume lead based paint and/or to be disturbed. identified hazards. . lead based paint hazards are Risk assessment performed on Safe work practices used. Present and perform standard entire dwelling. treatments. Clearance performed unit-wide. APPROACH A. IDENTIFY AND ABATE LEAD HAZARDS Lead Hazard Evaluation Lead Hazard Reduction Options Paint testing performed on surfaces Abatement performed on identified Presume lead-based paint and/or to be disturbed. hazards. lead-based paint hazards are Risk assessment performed on Interim controls performed on present and perform abatement on entire dwelling. identified hazards on the exterior that all applicable surfaces-:- are are not disturbed by rehabilitation, deteriorated,impact,friction, chewable surfaces,and surfaces.to Safe work practices used. be disturbed. Clearance performed unit-wide. U-) C: ll PPC(0PD ATTACHMENT 4 "LEAD SPEAK" —A BRIEF GLOSSARY COMMON LEAD-BASED PAINT TERMS Lead-Based Paint:Paint that contains at least 1 milligram per centimeter square(mg(cmz)of lead. Also measured as greater than 0.5 percent lead or has 5,000 parts per million(ppm) lead by dry weight. Lead-Based Paint Hazards: Housing conditions that cause human exposure to unsafe levels of lead from paint. These conditions include deteriorated lead-based paint; friction,impact or chewable painted surfaces; lead-contaminated dust;or lead- contaminated soil. LEAD HAZARD EVALUATION Visual Assessment:A visual evaluation cf interior and exterior painted surfaces to identify specific conditions that contribute to lead-based paint hazards. The assessment is performed by a certified risk assessor or Housing Quality Standards (HQS) -inspector trained in visual assessment. Paint Testing:Testing of specific surfaces, by XRF(x-ray fluorescence)or lab analysis,to determine the lead content of these surfaces, performed by a certified lead-based paint inspector or certified risk assessor. Risk Assessment:A comprehensive evaluation for lead-based paint hazards that includes paint testing,dust and soil sampling, and a visual evaluation.The risk assessment report identifies lead hazards and appropriate lead hazard reduction methods. A certified risk assessor must conduct the assessment. Lead Hazard Screen:A limited risk assessment activity that can be performed instead of a risk assessment in units that meet certain criteria(e.g.good condition). The screen must be performed by a certified risk assessor. If the unit fails the lead hazard screen,a full risk assessment must be performed. Clearance Examination: Clearance is performed after hazard reduction,rehabilitation or maintenance activities to determine if a unit is safe for occupancy. It involves a visual assessment,analysis of dust and soil samples,and preparation of report.A certified risk assessor,paint inspector,or clearance technician(independent from enbtyrindividual conducting paint stabilization or hazard reduction)conducts clearance. LEAD HAZARD REDUCTION Paint Stabilization: An interim control method that stabilizes painted surfaces and addressed the underlying cause of deterioration. Steps include repairing defective surfaces, removing loose paint and applying new paint. Interim Controls:Set of measures to temporarily control lead-based paint hazards. Interim control methods must be completed by qualified workers using safe work practices. Follow-up monitoring is needed. Standard Treatments: A complete set of interim control methods that when used together temporarily control all potential lead hazards in a unit.Because they address all conditions,a risk assessment or other evaluation is not needed.Standard treatments must be completed by qualified workers using safe work practices. As with interim controls,follow-up monitoring is needed. Abatement: Measures to permanently control lead-based paint or lead-based paint hazards. s f(G�nM�����'4(�j�M��'2'kl V . NU-1110 V H W n LEAD POISONING Environmental Intervention Blood Lead Level:The level of lead in blood that requires intervention in a child under age six. This is defined as a blood lead level of 20 pg1dL(micrograms per deciliter)of whole blood or above for a single test,or blood lead levels of 15-19 pg1dL in two tests taken at least three months apart. LEAD-BASED PAINT - KEY UNITS OF MEASUREMENT Ng (Microgram):A microgram is 1/1000"of a milligram(or one thousand micrograms are needed to equal a milligram). To put this unit into perspective, a penny weighs2 grams. To get a microgram,you would need to divide the penny into 2 million pieces. A microgram is one of those two million pieces. ft'(Square foot): One square foot is equal to an area that has a length of one foot(12 inches)and a width of one foot(12 inches). pg/d L: Micrograms per deciliter,used to measure the level of lead in children's blood to establish whether intervention is needed. A deciliter is a little less than half a cup. As noted above,a microgram is the same weight as one part of a penny divided into two million parts. �Lglgram: Micrograms per gram of sample,equivalent to parts per million(ppm) by weight. pg/ft2: Micrograms per square feet is the measurement used to measure levels of lead in dust and soil samples.The clearance report should have the results listed in pg/ft2(micrograms per square foot). mglcm2: Milligrams per square centimeter,used for paint by XRF machines. percent: Percent by weight,used usually for lead-based paint(1 percent= 10,000µg/gram) ppm: Parts per million by weight,equivalent to}tg/gram(10,000 ppm= 1 percent). LEAD-BASED PAINT STANDARDS Paint—Definition of Lead-Based Paint Paint that contains at least: ➢ 1 milligram per centimeters square(mglcm2)of lead; ➢ 0.5 percent lead;or ➢ 5,000 parts per million (ppm)lead by dry weight Dust—Thresholds for Lead-Contamination(Risk AssessmentlClearance) ➢ Floors 40 pg/ft' ➢ Interior window sills 250 pgl tz ➢ Window troughs(Clearance only) 800 pg/ft2 Soil—Thresholds for Soil Contamination ➢ Play areas used by children under age 6 400 pg/gram ➢ Other areas 2,000 lag/gram r NI o ��tr' ife � o Attachment 5—SUMMARY OF MAJOR REGULATION CHANGES BY ACTIVITY TABLE 1: REHABILITATION ACTIVITIES CURRENT REQUIREMENTS NEW REQUIREMENTS (All activities) <$50001unit $5000-$25,0001unit >$25,0001unit Applicability Applicability Under the current regulation,the lead-based paint The new regulation outlines lead-based paint requirements specifically for requirements for rehabilitation are the same as those Federally funded rehabilitation work. These requirements apply to HUD for other activities. Each CPD program has its own programs that provide assistance for rehabilitation,including CPD-funded lead-based paint regulations. rehabilitation activities. Lead-based paint requirements are similar across The lead-based paint requirements for rehabilitation work,as described in this CPD programs(most simply refer to 24 CFR 35).The part of the regulation, are the same regardless of the source of program HOME program has the most extensive guidance on funding,but they differ based on the level of funding to a property. requirements. CDBG applies lead requirements only to rehabilitation activities. Notification Notification Occupants,owner occupants, and purchasers of Same as current requirement assisted properties must receive notification of the The new regulation also requires written notice to occupants informing them of potential presence and hazards of lead-based paint. lead hazard evaluation or reduction activities. Notification is achieved through the distribution of the EPA/HUD/CPSC lead-based paint hazard informa�on pamphlet All property owners(both subsidized and market rate) must disclose available information about the presence of lead-based paint and provide prospective buyers/occupants with any existing documentation on known lead-based paint hazards in the dwelling unit Visual Inspection Paint Testing Paint Testing and Risk Assessment Visual inspections must be performed on properties Painted surfaces that will Rehabilitation assistance greater than$5000 per constructed prior to 1978 to identify defective paint be disturbed during unit requires a higher level of lead hazard surfaces. rehabilitation must be evaluation. tested for lead-based • Paint Testing—Test surfaces that will be paint,unless a surface is disturbed by the rehabilitation for lead-based assumed to contain lead- paint. For surfaces assumed to contain lead- based paint. based paint,testing is not required. • Risk Assessment—An assessment cf a dwelling to check for the presence of lead- based paint hazards. It includes a visual assessment of dust,soil,and paint and a written report of the results. • Option for units receiving assistance between$5,000 and$25,000-The grantee may assume that lead-based paint and lead hazards are present,forego the paint testing and risk assessment,and conduct standard treatments. • Option for units receiving more than $25,000—The grantee may assume that lead- based paint and lead hazards are present, forego paint testing and risk assessment, and abate all painted surfaces disturbed during rehabilitation that are presumed to have lead- based paint and all presumed hazards. �e2�`3H' FIS. SUMMARY OF MAJOR REGULATION CHANGES BY ACTIVITY TABLE 1: REHABILITATION ACTIVITIES (Continued) CURRENT REQUIREMENTS NEW REQUIREMENTS (All activities) <$50001unit $5000-$25,0001unit >$25,0001unit Treatment Paint Repair Lead Hazard Abatement Any defective paint surfaces must be safely treated Repair surfaces that are Reduction Any lead-based paint during rehabilitation. Under the current regulations, disturbed by Any lead-based paint hazards found in units this requires removal or covering of the defective rehabilitation in a safe hazards found during and common areas surface. manner. the risk assessment must be controlled must be controlled using abatement using interim controls or methods, abatement methods. Lead-based paint Standard treatments hazards on exterior must be performed surfaces that are not when no evaluation is disturbed during conducted and the rehabilitation must be presence of lead-based controlled using either paint hazards is interim controls or assumed. abatement Safe Work Practices Safe Work Practices Current regulations establish some provisions Rehabilitation work that disturbs surfaces known or assumed to contain lead- regarding safe and prohibited methods for work. based paint must be performed using safe work practices. Safe work practices are not required for work that disturbs surfaces below de minimis levels. The new reaulation establishes more extensive requirements for safe work practices,including an updated list of prohibited methods. There are additional safety precautions for occupant protection,worksite preparation,and cleanup activities. Clearance Clearance Not required. Once hazard reduction work is completed, a clearance examination must be performed by a certified professional to ensure that no lead-based paint hazards remain. Clearance is required for all categories of rehabilitation activities. For rehabilitation assistance X55,000 per unit,clearance is required only for the worksite. For rehabilitation assistance>$5,000 per unit,clearance is required for the unit,common areas,and exterior areas where rehabilitation took place. Clearance involves a visual assessment and dust testing after cleanup is complete. A clearance report must be prepared.If abatement is conducted,an abatement report is required in place of a clearance report Ongoing Maintenance and Monitoring Ongoing Maintenance None required. Owners of rental properties receiving rehabilitation assistance through the HOME program must incorporate ongoing lead-based paint maintenance activities into regular building operations. -EBL Requirements Environmental Intervention Blood Lead Level Requirements If an EBL child is identified,chewable surfaces must The new regulation does not require action by grantees when a child vrith an be tested for lead-based paint and treated as environmental intervention blood lead level is found to be living in a unit that has necessary. received rehabilitation assistance. 'I NDMD 9 �:!uUp tSWc TABLE 2: TENANT-BASED RENTAL ASSISTANCE ACTIVITIES CURRENT REQUIREMENTS NEW REQUIREMENTS Applicability Applicability Under the current regulation,the lead-based paint requirements for The new regulation outlines lead-based paint requirements specifically for tenant-based rental assistance activities are the same as those for other Federally funded tenant-based rental assistance wor'R. These requirements program activities. Each CPD program has its own lead-based paint apply to HUD programs that provide assistance for tenant-based rental regulation. assistance,including CPD-funded tenant-based rental assistance activities. Lead-based paint requirements are similar across CPD programs(most simply refer to 24 CFR 35).The general requirements that apply to all these programs are described below. Notification Notification Occupants must receive a notification about the potential presence and Same as current requirement, hazards of lead-based paint. Notification can be achieved through the The new regulation also requires written notice to occupants informing them of distribution of the EPA/HUDlCPSC lead-based paint hazard information lead hazard evaluation or reduction activities. pamphlet. All property owners(both subsidized and market rate)must disclose available information about the presence of lead-based paint and provide prospective buyers/occupants with any existing documentation of known lead-based paint hazards in the dwelling unit. Visual Inspection Visual Assessment Units occupied by families with children under age seven must be Under the new regulation,units occupied by families with children under ace six visually inspected for defective paint surfaces prior to occupancy and on must be inspected for deteriorated paint sc.lacas.A visual assessment is a an ongoing basis. visual search for cracking,scaling,peeling,or chipping paint. Treatment Paint Stabilization Defective paint surfaces must be safely treated within 30 days of the All deteriorated paint surfaces in a dwelling must undergo paint stabilization. inspection either by covering the surface with permanent wall covering Paint stabilization is similar to the treatment activities required under current (such as wallboard)or by so;aping and repainting Ltie surface. regulations. However,additional safeguards must be implemented to reduce the risk of creating leaded dust. Safe Work Practices Safe Work Practices Current regulations establish some provisions regarding safe and Paint stabilization must be performed using safe work practices. The new prohibited methods for work. regulation has more extensive requirements for safe work practices,including an updated list of prohibited methods. There are additional safety precautions for occupant protection,worksite preparation,and cleanup activities. Clearance Clearance Not required. After paint stabilization,a clearance examination must be performed by a certified professional to ensure that all required work was done and no lead- based paint hazards remain. Clearanc-e involves a visual assessment and dust testing after cleanup is complete. Ongoing Maintenance and Monitoring Ongoing Maintenance None required. Owners of all tenant-based rental assistance properties must incorporate ongoing lead-based paint maintenance activities into regular building operations. EBL Requirements Environmental Intervention Blood Lead Level Requirements If an EBL child is identified,chewable surfaces must be tested. If lead- If child with an environmental intervention blood lead level is identified,the based paint is present,the surfaces must be abated. owner must complete a risk assessment of the dwelling unit where the child resides within 15 calendar days and conduct interim controls or abatement within 15 calendar days of risk assessment to control the identified lead hazards. The grantee must communicate wilu�State and local health agencies to provide and receive identification information about children with environmental intervention blood lead levels.Quarterly,grantees must match information on environmental intervention blood lead level cases with names and addresses of families receiving Federal assistance. DO RC 0�6 L ERE U0 E iff KIU'°'m ° VIN TABLE 3: ACQUISITION, LEASING, SUPPORT SERVICES, AND OPERATIONS ACTIVITIES CURRENT REQUIREMENTS NEW REQUIREMENTS Applicability Applicability Under the current regulation,the lead-based paint requirements for The new regulation outlines lead-based paint requirements specifically for acquisition,leasing,support services,and operations activities are the Federally funded acquisition,leasing,support services,and operations work. same as those for other program activities. Each CPD program has These requirements apply to HUD progirams that provide assistance for its own lead-based paint regulation. acquisition,leasing,support services,and operations activities,including CPD- Lead-based paint requirements are similar across CPD programs funded acquisition,leasing,support services,and operations activities. (most simply refer to 24 CFR 35).However,the HOME program has the most extensive guidance on requirements,but it differs from other programs by specifying activities that are exempt. The general requirements that apply to all these programs are described below. Notification Notification Purchasers and occupants of properties constructed prior to 1978 Same as current requirement. must receive a notification about the potential presence and hazards The new reculation also requires w-itten notice to occupants informing them of of lead-based paint. This can be achieved through the distribution of lead hazard evaluation or reduction activities. the EPA/HUDICPSC lead-based paint hazard information pamphlet. All property owners(both subsidized and market rate)must disclose available information about the presence of lead-based paint and provide prospective buyers/occupants with any existing documentation on known lead-based paint hazards in the dwelling unit. Visual Inspection Visual Assessment Properties constructed prior to 1978 must be visually inspected for Under the new regulation,inspections for deteriorated paint surfaces are defective paint surfaces. required in properties constructed prior to 1978. A visual assessment is a visual search for cracking,scaling,peeling,or chipping paint. Treatment Paint Stabilization Defective paint surfaces must be safely treated either by covering the All deteriorated paint surfaces must undergo paint stabilization. Paint surface with permanent wall covering(such as wallboard)or by stabilization is similar to the treatment activities required under current scraping and repainting the surface. regulations However,additional safeguards must be implemented to reduce the risk of leaded dust. Safe Work Practices Safe Work Practices Current regulations establish some provisions regarding safe and Paint stabilization must be performed using safe work practices. The new prohibited methods for work. regulation has more extensive requirements for safe work practices,including an updated list of prohibited methods. There are additional safety precautions for occupant protection,worksite preparation,and cleanup activities. Clearance Clearance Not required. After paint stabilization,a clearance examination must be performed by a certified professional to ensure*that all required work was done and no lead- based paint hazards remain. Clearance involves a visual assessment and dust testing after cleanup is complete. Ongoing Maintenance and Monitoring Ongoing Maintenance None required. Grantees of acquisition,leasing,support services,and operations activities must incorporate ongoing lead-based paint maintenance activities into regular building operations. EBL Requirements Environmental Intervention Blood Lead Level Requirements ff an EBL child is idenVied,chewable surfaces must be tested for The new regulation does not require action by grantees when a child with an lead-based paint and treated as necessary. environmental intervention blood lead level is found to be living in a unit that has received acquisition,leasing,support services,or operations assistance. MD ATTACHMENT 6 SPECIAL REQUIREMENTS FOR INSULAR AREAS [24 CFR 35.940] Insular areas are U.S.territories, including American Samoa,Guam, Mariana Islands,Micronesia, Republic of the Marshall Islands,Republic of Palau, Puerto Rico,and Virgin Islands. These areas face conditions that make it an unreasonable burden to meet some of the new lead-based paint rehabilitation requirements. Special provisions in the new regulation establish less stringent rehabilitation requirements for grantees in insular areas. Grantees must still meet the new requirements for tenant-based rental assistance and other program activities(e.g. acquisition,leasing,support service, and operations activities) that must be met by all grantees. Federal funding up to and including $5,000 per unit. There are no lead hazard evaluation requirements in insular area projects receiving this level of funding.However,the lead hazard reduction requirements are the same. Any paint disturbed during rehabilitation must be repaired,and safe work practices must be used during rehabilitation and the repair of disturbed paint. After the work is completed, the worksite must pass a clearance examination before occupants are allowed to return to areas where work was performed. Federal funding over$5,000 per unit Reduced lead hazard evaluation and reduction requirements are established-for projects in insular areas for.rehabilitation greater than$5,000. Before rehabilitation work starts,a visual assessment must be conducted by someone trained to identify deteriorated paint. (There is no paint testing or risk assessment requirements.) Grantees must conduct paint stabilization on all deteriorated paint and all surfaces that will be disturbed during rehabilitation. (Thera are no interim controls or abatement requirements.) The dwelling units and common areas that service those units must pass a clearance examination before occupants are allowed to occupy rooms or spaces where paint stabilization took place. ��IGugg �C► °Ff 12 If lu JlIUuip. U!�iWa ATTACHMENT IV CITY OF FORT WORTH HOUSING DEPARTMENT CONTRACT MANAGEMENT DIVISION 1.Name and Address of Sub-Grantee 2.Program Name: 3.Contract No: Contract Date; 4. Date of Report: MONTH YEAR Goal Current Y-T-D 5.Program Services and Activities Month 6.Scope of Work Narrative: T.Problems Encountered/Solutions Proposed: 8.Anticipated Activity During the Next Month: DATE: SUBMITTED BY: PHONE NO; c'�UaJD �ilillllllll y ys fie ➢ 5��5 � :� 3 � ' City of Fort Worth, Texas "rAyor and council communicalflon DATE REFERENCE NUMBER LOG NAME PAGE 5/2/00 **C-17991 13CONTRACTS 1 of 3 SUBJECT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEAR XXVI, EMERGENCY SHELTER GRANT (ESG) YEAR 2000-2001, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS HOPWA YEAR 2000-2001 CONTRACT ACTIVITIES RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute CDBG Year XXVI, ESG Year 2000-2001 and HOPWA Year 2000-2001 contracts with the following organizations to administer their respective programs, contingent upon approval and receipt of adequate funding from the U.S. Department of Housing and Urban Development (HUD), for a term beginning June 1, 2000, and ending May 31, 2001: COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) Contract with the listed agencies for an amount not to exceed the following: A. NHS of Fort Worth, Inc. $ 55,958 B. Habitat for Humanity $ 22,500 C. REACH, Inc. $ 27,000 D. Communities in School $ 40,050 E. Southside Area Ministries (Sam's Kids) $ 7,027 F. Boys and Girls Clubs (JACKS) $ 19,111 G. Boys and Girls Clubs (KEYS) $ 28,344 H. Boys and Girls Clubs (PASS) $ 27,000 I. Bee & Bell Education Center $ 35,429 J. Big Brothers and Big Sisters of Tarrant County $ 15,094 K. Booker T. Sparks School of the Performing Arts $ 36,000 L. Bridge Emergency Youth Services $ 45,000 M. Stone Soup Connection $ 20,120 N. Camp Fire $ 27,000 O. YWCA of Fort Worth (AIM) $ 31,986 P. YWCA of Fort Worth (Child Care) $150,000 Q. Day Care Association $130,000 i R. Fort Worth Housing Authority $ 30,000 S. YMCA of Fort Worth $120,375 T. Clayton Child Care $ 31,500 U. Southside Area Ministries (Seniors) $ 2,570 V. Senior Citizens Services of Tarrant County (Como) $ 17,597 W. Meals on Wheels $ 33,696 X. Senior Citizens Services of Tarrant County (Riverside) $ 15,271 Y. Mental Health Association $ 17,500 Z. Near Northside Partners $ 17,100 (list continued next page) City of Fort Worth, Texas *V01yor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/2/00 **C-17991 1 13CONTRACTS 2 of 3 SUBJECT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEAR XXVI, EMERGENCY SHELTER GRANT (ESG) YEAR 2000-2001, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS HOPWA YEAR 2000-2001 CONTRACT ACTIVITIES AA. N S EAM $ 17,100 BB. Women's Center of Tarrant County $ 11,880 CC. Job, Inc. $111,565 DD. Fort Worth SER $110,079 EE. A-Prep Center of Tarrant County $109,350 FF. ACCION Texas $ 54,000 EMERGENCY SHELTER GRANT(ESG) A. YWCA $ 27,214 B. Cornerstone Assistance Network $ 16,750 C. Presbyterian Night Shelter $168,120 D. Bridge Emergency Youth Services $ 8,736 E. Women's Haven of Tarrant County, Inc. $ 26,769 F. Salvation Army $ 10,811 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) A. AIDS Outreach Center, Inc. $412,683 B. Tarrant County Samaritan Housing, Inc. $192,609 C. AIDS Resources of Rural Texas - A.R.R.T. $ 54,858 DISCUSSION: On April 11, 2000, the City Council approved and adopted the budgets and the appropriation ordinance increasing estimated receipts and appropriations for the Twenty-Sixth (26th) Year Community Development Block Grant, (2000-2001) Emergency Shelter Grant (ESG) and (2000-2001) Housing Opportunities for Persons with AIDS (HOPWA) as part of the City's Consolidated Plan. The Consolidated Plan, as adopted by the City Council, included program descriptions for each of the above funded programs. The above programs are consistent with the City's approved priorities and the City Council's prior policies, and meet the requirements of HUD's regulations concerning "eligible activities". • City of Fort Worth, Texas 4"011jor And COandl (communication DATE REFERENCE NUMBER LOG NAME PAGE 5/2/00 **C-17991 13CONTRACTS 3 of 3 SUBJECT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEAR XXVI, EMERGENCY SHELTER GRANT (ESG) YEAR 2000-2001, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS HOPWA YEAR 2000-2001 CONTRACT ACTIVITIES FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that, upon approval and receipt of adequate funding from the U.S. Department of Housing and Urban Development, funds will be available in the operating budget, as appropriated, of the Grants Fund. CB:j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVF.p Charles Boswell 8511 CITY COUNCIL Originating Department Head: MAY 2 2000 Joe Paniagua 6168 (from) Additional Information Contact: Citi Secretary of the City of Fort Worth,le=9 Joe Paniagua 6168