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HomeMy WebLinkAboutContract 29299 CITY SECRETARY q CONTRACT NO � �_I_ STATE OF TEXAS COUNTY OF TARRANT THIS contract is made and entered into by and between the City of Fort Worth ("City"), acting by and through Reid Rector, its duly authorized Assistant City Manager, and United Cerebral Palsy of Tarrant County, Inc. ("Contractor"), by and through Monica Prather, its duly authorized President/CEO. Contractor's business address is 1555 Merrimac Circle, Suite 102, Fort Worth, Texas 76107. WHEREAS, the City of Fort Worth has received grant monies from the United States Department of Housing and Urban Development ("HUD") through the Home Investment Partnerships Program ("HOME"), Program Nos. M-03-MC-48-0204, with which the City desires to promote activities that expand the supply of affordable housing and the development of partnerships among the City, local governments, local lenders, private industry and neighborhood based, nonprofit housing organizations; and WHEREAS, the primary purpose of the HOME program pursuant to the National Affordable Housing Act of 1990 ("NAHA") and 24 CFR 92, ("the Regulations") is to benefit low and very-low income citizens by providing them with affordable housing; and WHEREAS, Contractor, a nonprofit corporation managed by a volunteer Board of Directors, is working to assist low and very low income persons and families with disabilities to become homeowners; and WHEREAS, the citizens and the City Council of Fort Worth have determined that the opportunity to own a safe, decent and affordable home is needed for persons with disabilities; NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: 1. GENERAL PROVISIONS A. Purpose The express purpose of this agreement is to provide Contractor with HOME funds not to exceed One Hundred Twenty Five Thousand Dollars and No/100 (S125,000.00), of which Seventy Five Thousand Dollars and No/100 (575,000.00) shall be to provide deferred payment, second mortgage loans for low or very low income homebuyers with disabilities to purchase homes in the City, up to Twenty Five Thousand and No/100 (525,000.00) for architectural barrier removal, and up to Twenty Five Thousand and No/100 (525,000.00) for the program delivery cost of the Program., in accordance with"Exhibit A- Program Summary". 1-F Page 1 Cif \E-ApAky CURTH,gfix. Contractor will be acting as a sub-recipient under this contract to provide closing cost / downpayment assistance to low income homebuyers with disabilities. The City shall act through its agent, the City Manager, or his duly authorized representative, unless otherwise stated in this agreement. Contractor agrees to comply with the uniform administrative requirements contained in Section 92.505 of the HOME regulations. In addition, Contractor must comply with the project requirements stated in Subpart F of the Regulations. B. Duration/ Period of Affordability The term of this contract begins on the date of execution of this contract and terminates twelve (12) months after that date except that the provisions relating to affordability remain in effect through the period of affordability. This contract may be extended for one (1) one-year term. Contractor shall request the extension in writing and submit it 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. The housing assisted under this contract will remain affordable as required by Section 92.254 of the Regulations. If the housing does not meet the affordability requirements as stated below, the funds used to produce said housing must be repaid to the City. Housing assisted under the HOME funded homebuyer program must remain affordable housing for minimum periods of- 5 years where the per unit amount of HOME funds provided is less than $15,000; 10 years where the per unit amount of HOME funds provided is $15,000 to $40,000; and 15 years where the per unit amount of HOME funds provided is greater than $40,000. Repayment of the HOME funds attributable to the unit or units that do not maintain the HOME affordability requirements will be required from the Contractor, if, at any time the Contractor is found to be non-compliant to the above time limits. C. Income Eligibility and Use of House as Principal Residence The HOME program targeting requirements for the HOME program and for HOME projects are defined in 92 CFR 203(b)(1)(2)(3). Annual income is used to establish homebuyer eligibility. The definition of annual income to determine homebuyer eligibility under this contract shall be the definition specified in 24 CFR 203(b)(2). The annual income of the homebuyer, adjusted for family size shall not exceed eighty percent (80) of the area median income established by HUD. Contractor shall use the most current HUD Program Income Guidelines to determine program eligibility. D. Housing Standards For all housing units acquired, rehabilitated and resold with HOME funds, the Contractor Page 2 is required to meet the City's minimum acceptable housing standards and all other applicable standards under the City Codes and ordinances. E. Other Requirements The sales price of the of the houses purchased under this contract shall not exceed ninety- five percent (95%) of the median purchase price of the type of single family housing for Fort Worth as determined by HUD. The sales price of the of the houses shall not exceed the appraised value of the property as determined by an independent appraiser. F. Independent Contractor 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 invitee, 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 invitee. City shall in no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitee, which may be lost, stolen, destroyed or in any way damaged; and contractor hereby indemnifies and holds harmless City and its officers, agents, and employees from and against any and all claims or suits. G. Termination This contract may be terminated by the City in the event of default, inability, or failure to perform on the part of Contractor, or whenever such termination is determined by the City to be in the City's best interest. Likewise, the contract may be terminated by Contractor if the City does not provide funds pursuant to this agreement. The contract may be terminated for mutual convenience upon agreement of the parties. The parties acknowledge that HOME funds paid hereunder are intended to provide only partial funding for Contractor's program operations. If non-HOME funds in the Operating Budget Page 3 are not forthcoming to Contractor during the contract term, City may terminate this contract. City shall notify the Contractor in writing of any breach of this contract, and specify a reasonable time within which to cure the particular breach. After being notified of such non- material breach, if Contractor fails to cure the non-material breach within the time stated in the notice, this contract shall automatically terminate at the expiration of the stated time allowed for cure. Contractor will return to City any unused monies previously distributed 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 the contract termination. H. Venue Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non-performance of this agreement, venue for said action shall be in Tarrant County, Texas. I. Miscellaneous Provisions All terms of this contract shall apply to any and all subcontractors of Contractor which are in any way paid with HOME funds or who perform any work in connection with Contractor's Program. 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. 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 the City's right to assert or rely upon any such term or right on any future occasion. This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this contract for all purposes, constitutes the entire contract by the parties hereto concerning the work and services to be performed under this contract. Any prior or contemporaneous oral or written agreement which purports to vary the terms of this contract 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. Page 4 The paragraph headings contained herein are for convenience in reference to this contract and are not intended to define or to limit the scope of any provision of this contract. 2. DUTIES AND RESPONSIBILITIES OF CITY A. Disbursement of Funds The City will furnish federal grant funds, (United States Department of Housing and Urban Development HOME Investment Partnerships Program No. M-03- MC-48-0204) for use as stated herein. The City will monitor the use of such funds to ensure appropriate use of the funds. Funds shall be disbursed after execution of this contract and compliance with the provisions therein. Disbursements from the HOME account for actual acquisition and/or rehabilitation will not be made until actually needed for payment. Advance of funds will require completion of. (1) Attachment 1 "Request For Funds" form, (2) Attachment II "Detail Statement of Costs" and Attachment III "Expenditures Worksheet" and a copy of supporting documents, including the property sales contract, appraisal, notice to seller, homebuyers homeownership training certificate, environmental review and lead inspection letter, and a copy of contract between Contractor and rehabilitation contractor, if applicable. B. Amount of Funds It is agreed that the total distribution of federal grant funds made available to or paid on behalf of Contractor, during the term of this contract shall not exceed the total sum of One Hundred Twenty Five Thousand Dollars and No/100 ($125,000.00) (Exhibit C-Program Budget). Contractor will use Seventy Five Thousand Dollars and No/100 ($75,000.00) of the HOME funds granted to assist low income, homebuyers with the purchase of a home by providing amortized and /or forgiveable, low interest or no interest second mortgages. If the property is sold prior to the expiration of the affordability period, the second mortgage becomes due and payable. Upto Twenty Five Thousand Dollars and No/100 ($25,000.00) will be available for architectural barrier removal and the remaining Twenty Five Thousand Dollars and No/100 ($25,000.00) will be available for program delivery cost of the Program .Contractor shall be paid on an advance of funds basis for all expenses incurred under this contract to pay for specific acquisition and/or rehabilitation costs pertaining to the property identified for the purpose of this Program. Prior to the release of funds for closing cost/downpayment assistance the property to be purchased must pass inspection by the City's Housing Department inspectors evidenced by a completed inspection form (Exhibit E-City of Fort Worth Housing—Closing Cost Assistance Checklist). Page 5 3.. DUTIES AND RESPONSIBILITIES OF CONTRACTOR A. Statement of Work, Budget and Time Line for Goals and Expenditures Contractor will utilize Program funds to provide affordable housing opportunities to persons with disabilities residing within the City of Fort Worth, Texas. Contractor shall insure that homebuyers complete a homeownership training program prior pay all expenses incurred under this agreement, and shall be reimbursed for specific acquisition, rehabilitation and resale costs pertaining to property identified for the purpose of this Program. B. Budget Contractor agrees that the HOME funds will be expended in accordance with Exhibit B- "Program Budget". No change shall be made without prior written approval of the City. Under no circumstances shall the total amount of program funds expended by Contractor from funds paid by the City exceed One Hundred Twenty Five Thousand Dollars and No/100 ($125,000.00). The funds from the City may be spent only to pay actual expenses for the deferred payment loans, accessibility modifications and program delivery costs for low and very-low income persons with disabilities to purchase homes within the City Exhibit C "Program Budget". C. Time Line for Goals and Expenditures Contractor will work in accordance with Exhibit B "Program Time Line", and ensure that program goals and expenditures correspond with the completion of the Program. D. Reversion of Assets Contractor agrees to return to the City any HOME funds remaining on hand at the end of the contract. Repayments, interest and other returns on investment attributable to HOME funds may be retained by the Contractor for the operation of the Program for the duration of the contract, and must be used by the Contractor to assist other low income homebuyers to purchase homes. If repayments, interest or other returns on investment attributable to HOME funds are received after the term of this contract, they shall be returned to the City to be deposited in the City's HOME Investment Trust Fund local account. Page 6 E. Affirmative Marketing Contractor must adopt affirmative marketing procedures and requirements for all HOME housing. The procedures and requirements must include methods for informing the public, owners and potential homebuyers about fair housing laws and policies so as to ensure that all individuals, without regard for race, creed, nationality or religion, are given an equal opportunity to participate in the Program. The Contractor will be solely responsible for the effective marketing responsibilities necessary to achieve the Contractors'production goals. F. Recapture Provisions If the homebuyer retains ownership of the property for the full period of affordability, no recapture restrictions will apply. Any sale of the property by the homebuyer during the term of affordability will requires repayment of the deferred payment loan or other subsidy provided in accordance with Section 92.254 (a) (4) (ii) of the HOME regulations. Contractor understands that there are specific property recapture provisions applicable on HOME-funded properties, including the requirement that the purchaser household must use the property as its principal residence. This requirement must be incorporated in the property deed restriction or covenant running with the land. In addition, the loan documents (Deed of Trust Note) should also incorporate this requirement. The recapture provisions will remain in effect on property purchased with HOME funds for the affordability periods specified in Section 92.254 of the Regulations. Any HOME funds invested in housing that fails to meet the affordability requirements for the period specified in Section 92.254 must be repaid to the City in accordance with Sections 92.503(b) and 92.504(c)(3) of the Regulations. G. Records and Reports Contractor will keep or cause to be kept an accurate record of all actions taken and all funds expended, with source documents, in the pursuit of the objectives of the performance of this contract. Such records shall be kept for the period of affordability mandated by the Regulations. Contractor will obtain and keep on file the following information on each client served by the Program: Attachment IV(a) "Performance Report". a. Annual income and size of the household of which the client is a member; Page 7 b. Ethnicity and race of the client, using one of the following categories: Ethnicity: Hispanic/Latino or Non Hispanic/Latino Race: White, Black/African American, Asian; American Indian/Alaskan Native & Hawaiian/Other Pacific Islander, American Indian/Alaskan Native & White, Asian & White, Black/African American & White, American Indian/Alaskan Native & Black/African American, Other Multi-Racial; and C. Whether the head of the client's household is male or female; d. Additional statistical information as may be required by HUD regulations and any amendments thereto: e. Contractor will keep on file the following information and documentation on each individual project: b. Proof that the project meets the applicable property standards; g. The per unit amount of HOME funds invested; h. The compliance with the affirmative marketing requirements and existence of acceptable procedures; i. Compliance with relocation requirements; j. Minority and female owned business data, and affirmative fair housing actions; k. Compliance with lead based paint; and 1. Compliance with conflict of interest rules. By the 15th of each month during which this program is supported by the HOME Investment Partnerships Program funds provided under this contract (to be construed as including the use of any asset obtained through the expenditure of HOME funds), Contractor will supply the City with a report detailing: a. Program Narrative and Performance Report-Attachment IV and Attachment IV(a); b. Expenditure detail. (Attachment I-"Request For Funds", Attachment II "Detail Statement of Costs" & Attachment III "Expenditures Worksheet"). Page 8 The amount of leveraging generated by this grant, including items that qualify as HOME match. Reports shall be submitted in the format specified by City. IF THE REQUIRED REPORTS ARE NOT RECEIVED BY THE DUE DATE, THE CITY RESERVES THE RIGHT TO WITHHOLD PAYMENTS REQUESTED UNDER THIS CONTRACT AND OTHER CONTRACTS WITH CONTRACTOR. H. Cost Principles Contractor shall comply with the requirements and standards of OMB Circular A-122, "Cost Principles for Non-Profit Organizations" and with the following All non-federal entities that expend $300,000 or more in federal funds within one year, regardless of the source of the Federal award, must submit to City an annual audit prepared in accordance with specific reference to OMB Circular A-133. 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. 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. Non-federal entities that expend less than $300,000 a year in federal funds are exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity (City), and General Accounting Office (GAO). (Exhibit D-"Independent Audit Requirement"). 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-133, and Contractor agrees to allow access to all pertinent materials as described in section headed records and reports above. If such audit reveals a questioned practice or expenditure, such questions must be resolved within (15) days after notice to Contractor of such questioned practice or expenditure. If questions are not resolved within this period, City reserves the right to withhold further funding under this and/or future contract(s). 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 so misused, misapplied or misappropriated, plus the amount of any sanctions, penalty or other charge levied against City because of such misuse, misapplication or misappropriation. Page 9 I. Monitor Effectiveness of Services and Work The City will review the activities and performance of each contractor and subrecipient not less than annually as required in Section 92.504 (e) of the HOME regulations. Contractor agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by Contractor's compliance with the terms of this contract. The City shall have access at all reasonable hours to offices and records (dealing with the use of the funds that are the basis of this contract) of Contractor, its officers, directors, agents, employees, and subcontractors for the purpose of such monitoring. Contractor agrees to likewise monitor the effectiveness of the services and work to be performed by its subcontractors. J. Compliance with All Applicable Laws and Regulations (1) 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 Civil Rights Act of 1964 (42 USC 2000d et seq) Title VIII of 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) Section 504 of the Rehabilitation Act of 1973 (29 USC 794) The Age Discrimination Act of 1975 (42 USC 6101 et seq) National Environmental Policy Act of 1969 (NEPA) and the related authorities listed HUD's implementing regulations (24 CFR Part 58). Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat .3359, as amended) specifically including the provisions requiring employer verifications of legal worker status of its employees 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) National Affordable Housing Act of 1990 Contractor, in the operation of its program, will also comply with Office of Management and Budget Circular A-122 and attachments and revisions thereto, regarding principles for determining costs for HOME-funded programs. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701 As the work performed under this contract is on a project assisted under a Page 10 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 covenants to abide by the requirements of the said Section 3. It requires as follows: a. That, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area, and b. 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 the 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 notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract 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 City and Contractor, and their respective successors, assignees and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, its successors and assignees, to those sanctions specified by the Grant Agreement through which federal Page 11 assistance is provided and to such sanctions as are specified by 24 CFR 135. Clean Air Act; Clean Water Act; Environmental Protection Agency (EPA) Acts and Regulations This contract is subject to the requirements of Section 306 of the Clean Air Act, as amended (42 USC 1857(h) et seq.), Section 508 of the Clean Water Act (33 USC 1368), Water Pollution Control Act, as amended (33 USC 1251 et seq.) and the regulations of the EPA with respect thereto at 40 CFR, Part 15, as amended from time to time, and Executive Order 11738 (42 USC 7606 nt.). In compliance with said regulations, Contractor agrees and, with respect to any nonexempt transaction, shall require each subcontractor to agree to the following requirements: 1. A stipulation that no facility to be utilized in the performance of nonexempt contract or subcontract work is included on the List of Violating Facilities issued by the (EPA) pursuant to 40 CFR 15.20; 2. Compliance with all the requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8), and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318), relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued hereunder; 3. A stipulation that, as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities; 4. Agreement by Contractor that it will include or cause to be included the criteria and requirements of this section in every nonexempt subcontract, requiring that Contractor will take such action as City may direct as a means of enforcing such provisions. In no event, shall any amount of the assistance provided under this contract be utilized with respect to a facility which has given rise to a conviction under the Clean Air Act or the Clean Water Act. (2) Lead Based Paint Requirements All houses built prior to 1978 proposed to be rehabilitated with federal funds shall require inspection for lead based paint. Inspection and abatement work shall be carried out by Page 12 contractors and workers certified and trained under the Texas Department of Health, Environmental Lead Branch. This includes inspectors, risk assessors, abatement and hazard reduction contractors. A written certification must be on file with the City of Fort Worth Housing Department that certifies all firms, abatement supervisors, lead workers, inspectors, and risk assessors performing work on houses assisted with federal funds that require lead hazard reduction are certified under the laws and regulations of the Sate of Texas Department of Health, Environmental Lead Branch. Comply with appropriate HUD and EPA regulations regarding lead-based paint notification, disclosure, or work practices during lead hazard control activities. Prohibit the use of open-flame burning, chemical strippers containing methylene chloride, dry scraping, uncontained hydroblasting or hydrowashing, uncontained abrasive blasting, machine sanding without HEPA attachments or heat stripping above 1100° F as work practices at anytime. Dispose of waste resulting from lead hazard control activities in accordance with the requirements of the appropriate local, State and Federal regulatory agencies. Contractor or subcontractors must handle disposal of wastes from hazard control activities that contain lead- based paint, but are not classified as hazardous, in accordance with State or local law or the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing attached as Exhibit "G". The City of Fort Worth Housing Department will conduct a clearance, or final inspection of the work performed. (3) 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 Regulations. Contractor further promises and agrees that it has read, and is familiar with, terms and conditions of the Regulations under which funds are granted and that it will fully comply with same. It is agreed and understood that, if City calls the attention of Contractor to any such violations 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. Page 13 (4) Prohibition Against Discrimination Contractor, in the execution, performance or attempted performance of this contract and agreement, will not discriminate against any person because of sex, race, religion, color or national origin, nor will Contractor permit its officers, members, agents, employees, subcontractors or program participants to engage in such discrimination. During the performance of this contract Contractor agrees, and will require all its subcontractors to agree, as follows: Contractor will not unlawfully discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Contractor will take affirmative action to ensure that applicants are employed and that employees are treated fairly during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 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 or because of any handicap, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. 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 maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. In accordance with the provisions of the Americans With Disabilities Act of 1990 Page 14 ("ADA"), Contractor warrants that it and any 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, 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 or 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. 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, have fully complied with all provisions of same and that no 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. (5) Prohibition Against Interest 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 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. No officer, employee, member 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 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. No officer, employee, agent, consultant, elected official or appointed official of the participating jurisdiction, Contractor or its subcontractors who exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME assisted activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for Page 15 one year thereafter. (6) Minority and Women Business Enterprise Commitment Contractor agrees to abide by the City of Fort Worth's policy to involve minority and women disadvantaged business enterprise (M/WBEs) in all phases of its procurement practices and to provide them equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and suppies 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. K. Assi ng ment Contractor shall not assign all or any part of its rights, privileges, or duties under this contract without the prior written approval of City. Any attempted assignment of same without approval shall be void, and shall constitute a breach of this contract. It is agreed that the City has the right to inspect and approve in writing any proposed subcontracts between Contractor and any subcontractor engaged in any activity in conjunction with this HOME funded project prior to any charges being incurred. L. Indemnity and Bonding 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 execution, performance, attempted performance or nonperformance of this contract and agreement 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 kind or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or nonperformance 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 of 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. Page 16 Contractor will maintain a blanket fidelity coverage in the form of insurance or bond in the amount of $30,000, to insure against loss from the fraud, theft or dishonesty of any of Contractor's officers, agents, trustees, directors or employees. The proceeds of such bond shall be used to reimburse City for any and all loss of HOME 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. M. Waiver 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. Insurance Requirements Commercial General Liability (CGL) Insurance $500,000 each occurrence $1,000,000 aggregate limit Business Automobile Liability Insurance $1,000,000 each accident on a combined single-limit basis, or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate 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. Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $100,000 each accident $100,000 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, and rehabilitation. Coverages shall be maintained by Contractor or its subcontractors. In the event the respective subcontractors do not maintain coverage, the Contractor shall Page 17 maintain the coverage on such subcontractor for each applicable subcontract. Directors and Officers Insurance Optional (Highly Recommended) Note: This insurance shall cover the Contractor and any associated Board of Directors members. 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 provided hereunder. Each insurance policy shall be endorsed to provide City with a minimum 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 Worth as an additional insured as its interest may appear. Additional insured parties shall include employees, officers, agents, and volunteers of the City of Fort Worth. 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 Worth. Any failure on part of the City 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 do 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: VII or other equivalent insurance industry standard rating 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 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. Page 18 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 Worth and the Contractor endorsed as additional insureds (as their interest 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 as specified by the City of Fort Worth. O. Certification Regarding Lobbying 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 employee of Congress in connection with the awarding of any 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. If any funds other than federally 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, member of Congress in 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. The Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. Page 19 IN WITNESS WHEREOF, the parties her to have executed four copies of this contract in Fort Worth, Tarrant County, Texas, this day of Areye,, YWbe-r— , A.D. 2003. ATTEST: CITY OF FORT WORTH By: C,City cretary Reid Rector Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Asst. Wy Attorney \ 0 _ UNITED CEREBRAL PALSY OF TA.RRANT COUNTY, INC. contra-pt ?outhor zation�,-;?9/01 1_3 16 Date By: Monica Prather, President/CEO Page 20 STATE OF TEXAS COUNTY OF TARRANT 8 BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Reid Rector, 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 Worth and that he 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 day of A.D. 2003. P'B P S. ROSELLA BARNES -6.— � (r NOTARY PUBLIC state of Texas Comm. Exp.03-37-2005 Notary Public in and for the State of Texas o� 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 Monica Prather, 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 United Cerebral Palsy of Tarrant County, Inc. and that she executed the same as the act of said United Cerebral Palsy of Tarrant County, Inc for the purposes and consideration therein expressed and in the capacity therein stated as its duly authorized officer or representative. G EN UNDER MY HAND AND SEAL OF OFFICE this `A day of A.D. 2003. n k j1JI N ry Public in and for the State of Texas l Ol• .�i'�n ll�RDr Page 21 EXHIBITS AND ATTACHMENTS EXHIBIT A- Program Summary EXHIBIT B -Program Timeline EXHIBIT C- Program Budget EXHIBIT D---Independent Audit Requirement EXHIBIT E---City of Fort Worth Housing—Closing Cost Assistance Checklist EXHIBIT F-- Minority/Women Business Enterprise Ordinance 11923 EXHIBIT G---Lead Based Paint Guidelines ATTACHMENT- I--------Request For Funds ATTACHMENT II---------Detail Statement of Cost ATTACHMENT III--------Expenditure Worksheet ATTACHMENT IV--------Narrative Report ATTACHMENT IV(a)---- Performance Report EXHIBIT A PROGRAM SUMMARY PROGRAM TrTLE UNITED CEREBRAL PALSY OF TARRANT COUNTY-HOME PROJECT 2003 HOME FUNDS PERSONAL SERVICES(Program Delivery Funds) $25,000.00 SUPPLIES $0.00 CONTRACTUAL SERVICES(Closing Cost/Downpayment Assist and Architectural Barrier Removal Funds ) $100,000.00 CAPITAL OUTLAY $0.00 TOTAL $125,000.00 DESCRIPTION: United Cerebral Palsy of Tarrant County(UCP)will provide funds for deferred payment,forgiveable,second mortgage loans for closing cost/downpayment assistance and architectural barrier removal to first-time homebuyers with disabilities. The contract period begins on the date of execution and ends twelve months thereafter. PROGRAM OBJECTIVES: To provide a minimum of five(5)low income,first-time homebuyers with disabilities closing cost/downpayment assistance to purchase a home. PROGRAM MEASURES: Projected Goals Total number of homebuyers assisted 5 1L_ 11 PROJECT TIME-LINE Organization: United Cerebral Palsy of Tarrant County,Inc. Program: Activities Month Month Month Month Month Month Month Month Month Month Month Month' y 3 1 '` 4 � 3 PROJECTED PERFORMANCE Market Program X X X X X X X X X X HOMO Orientation X X X X X X X X X X Identify Potential Buyers X X X X X X X X X X Qualify Buyers X X X X X X X X X X Homebuyer Counseling X X X X X X X X X X Loan Application X X X X X X X X X X Request Environmental Review X X X X X X X X X X Request Property Inspection X X X X X X X X X X Execute Exhibit A to Sales Contract X X X X X X X X X X Secure Mortgage Financing X X X X X X X X X X Provide Soft Second Loan X X X X X X X X X X Close on Property X X X X X X X X X X .gip V Y• N ~• :1 EXHIBIT C PROGRAM BUDGET UNITED CEREBRAL PALSY OF TARRANT COUNTY EXPENSE TOTAL HOME OTHER Homebuyer's Assistance $90,000 $75,000 $15,000 And Housing Counseling Architecture Barrier Removal $25,000 $25,000 Program Operating Support $85,000 $25,000 $60,000 TOTAL $200,000 $125,000 $75,000 EXHIBIT D INDEPENDENT AUDIT REQUIREMENT BUSINESS /AGENCY NAME: PROGRAM: AMOUNT FUNDED: Name of Independent Auditor who will perform agency audit: (Independent Auditor) Date audit is to be performed: (Month and Year) The following language is a condition of your contract with the City: All non-federal entities that expend $300,000 or more in federal funds within one year, regardless of the source of the Federal award, must submit to City an annual audit prepared in accordance with specific reference to OMB Circular A-133. 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 (12) months following the end of the period being audited and be submitted to City within thirty (30) days 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 EXHIBIT E CITY OF FORT WORTI, ?OUSING jCLOSING COSTS A :STANCE CHECKLIST Name of Contact: Telephone# Beeper# Mobile# FAX# Buyer's Name: Address of property: The inspection by the City of Fort Worth Housing Department helps to ensure that the property meets the minimum qualifications for funding provided through the Closing Costs Assistance Program.Please read the following statements carefully: We do not make guarantees,warranties,representations,or insure the future performance or condition of any inspected item. We do not inspect any item we cannot see in a normal inspection.We do not move furniture,rugs,paintings,or other furnishings. We do not uncover buried pipes.We cannot see items covered by wall paper,flooring,repairs or remodeling that may hide evidence of prior damage or defects. We do not dismantle equipment to inspect component parts,such as HVAC and kitchen appliances. Inspections (1) (2) Comments 1. [ ] [ ] All utilities were on and all appliances that are to remain in the property and would be covered by a home warranty,are in good working condition 2. [ J [ ] Property has operable smoke detectors. 3. [ ] [ ] Water heater is properly vented and has a pressure relief valve with a discharge line that drains to the exterior. 4. [ ] [ ] Bathrooms have a window that opens or a working exhaust vent system. 5. [ ] [ ] Exterior doors are solid core/metal insulated,free of holes, are weathertight, and have workable locks 6. [ ] [ ] All plumbing including fixtures are in good working condition,properly installed,and free of leaks 7. [ ] [ ] All walls and ceilings are free of holes and major cracks 8. [ ] [ ] All electrical wiring is properly installed and covered.Wiring that is exposed is enclosed in conduit 9. [ ] [ ] Adequate number of GFI outlets as required by Code 10.[ ] [ ] Heating and air-conditioning units are in good working condition and properly vented 11.[ ] [ ] No peeling paint is evident on the interior or exterior 12.[ ] [ ] Floors are free of badly damaged floor coverings,tile,or sheet goods 13.[ ] [ ] All windows are in sound condition,weather-tight,free of broken or cracked panes,and have workable latching devices if required 14.[ ] .[ ] Roof appears to be in sound condition 15.[ ] [ ] Electric service to structure appears adequate 16.[ ] j ] Foundation appears to be in good condition. Housing Department Inspector (1"Inspection) Housing Department Inspector (Y° Inspection) Printed Name: Printed Name Signature Signature Date Approved Disapproved Date Approved Disapproved (See Addendum ) Phone# Our report cannot and does noc represent the operation_ Mobile# of any Items After this date and tithe of Inspection 11! Housing Department Telephone 0 (817) 871-7540 / Fax 871-7328 ccahgs3/25/97 EXHIBIT F ORDINANCE NO. REPEALING ALL MINORITY AND WOMEN BUSINESS ENTERPRISE POLICIES AND DISADVANTAGED BUSINESS ENTERPRISE POLICIES PREVIOUSLY ADOPTED ; ADOPTING AN ORDINANCE TO REMEDY THE UNDERUTILIZATION OF MINORITY AND WOMEN BUSINESSES , AND TO ENHANCE THE UTILIZATION OF SAME; DEFINING MINORITY BUSINESS . ENTERPRISE, AND WOMEN BUSINESS ENTERPRISE FOR PURPOSE OF CERTIFICATION; REQUIRING MINORITY BUSINESS ENTERPRISE AND WOMEN BUSYNESS ENTERPRISE PARTICIPANTS TO BE QUALIFIED AND DOING BUSINESS IN LOCALITY FROM WHICH THE CITY REGULARLY SOLICITS ; ADOPTING THE U. S . SMALL BUSINESS ADMINISTRATION 'S DEFINITION FOR A SIZE STANDARD; ESTABLISHING SEPARATE GOALS FOR MINORITY BUSINESS ENTERPRISES AND WOMEN BUSINESS ENTERPRISES IN THE SPECIFIC AREAS OF CONSTRUCTION, PROFESSIONAL SERVICES AND PURCHASING; ESTABLISHING PROCEDURES FOR PROJECT SPECIFIC. GOALS ; PROVIDING GENERALLY FOR THE PROCEDURES TO BE FOLLOWED IN THE BID/PROPOSAL PROCESS; REQUIRING BIDDERS TO SUBMIT DOCUMENTATION OF COMPLIANCE IN ORDER TO BE RESPONSIVE TO BID/PROPOSAL SPECIFICATIONS; ESTABLISHING WAIVER OF GOALS PROCEDURES ; ALLOWING FOR DEBARMENT FOR MISREPRESENTATION OF FACTS AS IT RELATES TO COMPLIANCE; PROVIDING SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council commissioned an Availability/Disparity Study (Study) conducted by Browne , Bortz & Coddington, Inc. (BBC) and a Public Hearing (Hearing) conducted by Carl Anderson, Esq, and found disparities in the utilization of minority and women business enterprises in contracts awarded by the City of Fort Worth (City) ; and WHEREAS , the Study and Hearing found that discrimination occurred in the major contracting areas (construction, purchasing, and professional services) of the City of Fort Worth and resulted in significant underutilization of minority and women business enterprises ; and WHEREAS , minority and women business enterprises have had and continue to have difficulties in obtaining financing, bonding, credit, insurance, and assistance programs 'have not been effective in either remedying the effects of underutilization in City contracting or in preventing ongoing underutilization; and WHEREAS , the Study and the Hearing . determined that race-neutral alternatives for enhancing minority and women business enterprise contracting are not completely sufficient ; and WHEREAS , the City has also been a passive participant in discriminatory behavior practiced by private industry within the relevant Marketplace in the award- of contracts SECTION 2. The ultimate goal of this ordinance is to remedy -the effects of past underutilization in the Marketplace by increasing the use E of minority and women business enterprises above the present low level to one more comparable to their availability in -the Fort Worth Marketplace. The City Council shall set an annual goal for MBE and WBE participation in City procurement activities, based upon the availability within the Marketplace. The initial goals, based upon availability, shall be thirteen percent (13%) for minority businesses and twelve percent (12$) for women businesses and shall be reviewed as provided for elsewhere herein. These goals are not quotas. SECTION 3. The provisions of this ordinance shall apply to all contracts awarded by the City, except as may be hereafter specifically exempted, and shall be liberally construed for the accomplishment of its policies and purposes . Specific goals shall be established in the areas of construction, professional services and purchases of other goods and services . Goals may be set on individual projects based on the type of work or services to be performed, or goods to be acquired and the availability of minority and Women businesses in the City's Marketplace. SECTION S . The provisions of this ordinance shall be considered in determining the responsiveness to specifications of offerors to the bid/proposal. The City shall consider the offeror's -3- responsiveness to this ordinance in the evaluation of bids/proposals and shall award contracts to the lowest responsible offeror meeting the specifications, inclusive of compliance to this minority and women business enterprise ordinance. SECTION 5 . Debarment procedures shall be established for firms willfully misrepresenting the facts in compliance with this ordinance to the City. SECTION 6 . Waiver procedures to the . regulations established in this ordinance shall be provided for City procurement activities where a public calamity requires the emergency expenditure of funds ; the purchase of goods or services from sources) where subcontracting or supplier opportunities are nonexistent; where an economic risk or undue delay for the acquisition of goods or services will be imposed on the City, or when the availability of minority and women businesses is negligible. SECTION 7 . From and after the date this ordinance takes effect, it shall supersede all previous City Council Policies affecting minority and women business enterprise and disadvantage business enterprises . 1 SECTION S . The City Manager, with the advice and counsel of the Disadvantaged Business Enterprise Advisory Committee ("DBEAC" ) in accord with City of Fort Worth Resolution NO- 1148 / is hereby i _4_ i authorized to establish, implement and administer regulations necessary to carry out the intent of this ordinance. SECTION 9. The City Council shall regularly, at least every three (3) years, determine whether there is a continuing need for a •minority and women business enterprise program, make relevant findings, and, if necessary, repeal in whole or in part or enact appropriate amendments to this ordinance." SECTION 10 . It is hereby declared to be the. intention of the City Council- that the sections, paragraphs , sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases , clauses , sentences , paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in th'is 'Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 11. This ord'.inance shall take effect and be in full force and effect from on and after June 1 , 1995; provided, however, that this ordinance shall not affect any procurement activity where formal solicitation began before the effective date of this ordinance, and it is so ordained. -5- APPROVE•D 'AS TO FORM AND LEGALITY: ity Att Date: ADOPTED:- �•.� EFFECTIVE: -6- ATTACHHENT I I. DEFINITIONS • 1. "Bidder" means any person, firm, corporation, or partnership which submits a bid or proposal to provide labor, goods or services to the City for which City funds are expended . The term includes "Offeror" as well as offers received from providers of professional services. 2 . "Certified" means those firms, within the Marketplace, that are certified by either the North Central Texas Regional Certification' Agency (NCTRCA) or the Texas Department of Transportation .(TxDOT) , highway division. 3 . "City" means the City of Fort Worth, Texas . 4 . "Construction" means the erection, rehabilitation, alteration, conversion, extension, demolition, improvement, remodeling or repair to any real property, including streets, storm drains and facilities providing utility service owned by the City. 5 . "Contract" means a binding agreement whereby the City either grants a privilege or is committed to expend or does expend its funds or other resources for or in connection with a) construction of any public improvement, and b) purchase of any services (including professional services) . The term includes "Purchase order" . 6. "Contract Officer". means the person employed by the City to oversee the performance of the contract. 7 . "Contracting Department" means the department responsible for payment of contract obligations . . 8 . "Contractor" means the person, firm, corporation, or partnership with whom the City has entered into an agreement. Includes the terms "Vendor" and "Prime Contractor".' 9 . "Coordinator" means the administrator of the MBE/WBE Office. 10. "Good Faith Effort" means having: absence of malice or any intentions to deceive; good intentions and sincerity to meet the goals of this ordinance. Documentation submitted by the bidders to explain why its good and honest efforts did not meet or exceed the stated MBE/WBE goals . Compliance with each of the following steps shall satisfy the Good Faith Effort requirement absent proof of fraud, misrepresentation, or intentional discrimination by the bidder: -7- . 10 . 1 . List each and every subcontracting and/or supplier opportunity for the completion of this project . 10 . 2 . Obtain a current (less than two (2) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. 10 . 3 . Attend the pre-bid conference , if scheduled by the City, and attempt to utilize M/WBEs that attended . 10 . 4-. Solicit bids from M/WBEs, within the subcontracting and/or supplier areas previously listed, at least ten days prior to bid opening by mail . 10 . 5 . Solicit bids from M/WBEs , within the subcontracting and/or supplier areas previously listed, at least ten days prior to bid opening by telephone. 10 . 6 . Solicit bids from M/WBEs , within the subcontracting rand/or supplier areas , previously listed, at least ten days prior to bid opening by advertisement in a local newspaper . 10 . 7 . Provide plans and specifications or information regarding the location of plans and specification to M/WBEs . 10 . 8 . Submit documentation if M/WBE bids were rejected on the basis of quotation not being commercially reasonable , qualifications, etc. Note : If a SIC code list of M/WBEs is five or less , the bidder must contact the entire list to be in compliance with 10 . 4 and 10 . 5 . If a SIC code list of M/WBEs is more than , five , the bidder Must contact at least two-thirds of the list but not less than five to be in compliance with 10 . 4 and 10 . 5 . Note : Bidders who continuously list the same M/WBEs when contact has previously been unsuccessful as result of disconnected numbers or returned mail , will not be deemed in compliance with the Good Faith Effort requirements . 11 . "Joint Venture" means an association of two or more persons or businesses to carry out a single business enterprise for profit for which purpose they combine their property, capital , skills , knowledge and management in an agreed to prop®rtionate share . ' -8- 12 . "Marketplace" means the geographic market area represented by the Fort Worth/ Dallas Consolidated Metropolitan Statistical Area . 13 . "Minority" means a -citizen of the United. States or lawfully admitted permanent resident who is Asian-American, American Indian, Black or Hispanic. 14 . "Minority Business Enterprise" is defined as a qualified business concern located in the Marketplace or doing business in the Marketplace at the time of bid opening or during negotiations related to proposals meeting the following criteria: a . which is at least 51 percent owned by one or more minority persons, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more minority persons; and b. whose management and daily business operations are controlled by one or more minority persons who own it; and C. meeting the size standards set forth by SBA. 15 . "Procurement" means the buying, renting, leasing or otherwise obtaining or acquiring any supplies, materials, equipment or services . 16 . "Professional Services" means . services which require predominantly mental or intellectual labor and skills, includes, but is not necessarily limited to, architects, engineers , surveyors, doctors, attorneys , and .accountants . 17 . "Project Manager" see Contract Officer. 18 . "Purchasing" means the buying, renting, leasing or otherwise obtaining or acquiring any supplies, materials, equipment or .services excluding construction and professional services previously defined. 19 . "Qualified" means an individual or business entity having previously performed or received training in the work, industry or profession required . 20 . "Size Standard" is the average annual gross receipts for a ..company and its affiliates for the previous three (3) fiscal years which must not exceed the amounts as defined by the United States Small Business Administration' s (SBA) standard industry classification (sic) codes. These codes are outlined in the most recent edition of SBA 49 CFR 23 . 62 , Appendix B and 13 CFR 121 . 401-407 and 601 . -9- i 1" 21 . "Subcontract" means an agreement between the contractor and another business entity for the performance of work. 22 . "Women Business Enterprise" is defined as a qualified business concern located in the Marketplace or doing business in the Marketplace at the time of competitive bid opening or during negotiations related to proposals meeting the following criteria : a . which is at least 51 percent owned by one or more women, or, in the case of any publicly owned business , at least 51 percent of the stock is owned by one or more women; and b. whose management and daily business operations are .controlled by one or more women who own it. C. meeting the size standards set\ forth by SBA . II . PROGP_kM GOALS (A) City-wide goals for the utilization of minority business enterprises (MBE) and women business enterprises (WBE) shall be reviewed and approved annually by the City Council . (1) The City Manager shall , on or before October 31 of each year, beginning October 31 ," 1996 , conduct an analysis of the availability of MBEs and WBEs and present to the City Council an annual report on MBE and WBE availability and utilization. Based on the availability of MBE/WBEs in the Marketplace and the City' s most recent goals attainment and with the advice and counsel of the DBEAC, the City Manager shall recommend to the City. Council reasonable goals for the remainder of the current fiscal year. (2 ) These goals shall be expressed in terms of percentages of the total dollar value of all contracts to be awarded by the City', and shall be established separately for categories of construction, professional services, and purchasing as well as any other categories that the City Council or City Manager deem appropriate. (B) Individual project goals shall be set by the M/WBE Office in collaboration with the Contract Officer and Risk Management (where appropriate) prior to solicitation. These project goals shall be reasonable and shall, be based upon : ( 1) Specific subcontracting and/or materials opportunities required to complete the project , and -10- (2) The availability of MBE/WBE in the identified subcontracting andJor materials opportunities in the Marketplace. (C} MBE/WBE participation shall be counted toward meeting MBE and WBE goals in accordance with the following provisions : (1) For the purpose of determining compliance with the goals requirements established in this ordinance, businesses will be counted as MBE and WBE only when they have been certified as such prior to award of the bid or proposal . (2) Any business (es) . listed by an offeror which is not certified prior to award of bid/proposal will have that amount of participation deducted from the total MBEJWBE utilization in order to determine the offeror's responsiveness : It is the responsibility of the offeror to secure additional certified .or certifiable MBE/WBE participation before responsiveness to this ordinance is determined. (3 ) The offeror may count toward its MBE or WBE goals first and second tier MBE and WBE subcontractors and/or suppliers . (4 ) The - offeror will be given credit toward the PIBE/WBE contract goal only when the MBE or WBE performs a" commercially useful function . An MBE or WBE is considered to have performed a commercially useful function when : a) it is responsible for the execution of a distinct element of . the work by actually performing, managing and supervising the work involved in accordance with normal business practice; and b) the. firm receives due compensation as agreed upon for the work performed. (5) Regardless ' of whether an arrangement between the contractor and the MBE/WBE represents standard industry practice, if the arrangement erodes the ownership, control or independence of the rfBEJWBE or does not .meet the commercially useful function requirement, the offeror shall receive no credit toward the goals . (6) An offeror may count toward its MBE or WBE goal portion of the total dollar value of a contract with a joint venture equal to the percentage of rJBE or WBE participa- tion in the joint venture. The MBE or WBE involved in the joint venture must be responsible for a clearly defined portion of the work to be performed , equal to a -11- .. j i share in the ownership, control , knowledge, management , responsibility, risks, and profits of the joint-venture . (7) Except for joint ventures, all prime contractors, whether same be majority firms, MBE or WBE, shall comply with this ordinance in order. to be considered responsive . (8 ) The bidder may not count toward the goal any agreements with MBE or WBE that are not located within the Marketplace or otherwise do not meet the guidelines as set forth in this section. III . MBE AND WBE UTILIZATION REOUIREMENTS (A) In addition to the requirements set forth elsewhere, bid conditions and requests for proposals shall include a statement of both MBE and WBE goals established for the project . (B) Bid conditions , , requests for proposals , and . all, other specifications for contracts to be awarded by the City shall require that offerors make a good faith effort to subcontract with or purchase supplies from MBE and WBE. Such specifications shall require the offeror to meet or exceed the stated goals or submit documentation of GFE for all contracts of $25 , 000 or more to' permit a determination of compliance with the specifications or requests for proposals . (C) Construction and Professional Services contracts and such other contracts which may be competed for under sealed proposal procedures (estimated cost of $25 , 000 or more) and Purchasing contracts (estimated cost of $15 , 000 or more) shall be awarded and administered in accordance with the following standards and procedures : ( 1) Competitive bids shall include the MBE and WBE specifications in the bid specifications. MBE and WBE specifications consist of the SPECIAL INSTRUCTIONS TO BIDDERS , AFFIDAVIT STATEMENT, MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and the GOOD FAITH EFFORT FORM. (a) The AFFIDAVIT STATEMENT shall be submitted with the bid on the bid opening date. (b) The MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM shall be submitted to the contracting department-no later than 5 : 00 p. m . , five (5) City business days after bid opening date . -12- (c) An offeror that equals or exceeds the MBE and WBE project goals , shall submit the MBE/WBE UTILIZATION FORM. (d) The PRIME CONTRACTOR WAIVER FORM shall be submitted with any bid that includes no subcontracting and/supplier opportunities . If substantial subcontracting and/or substantial supplier opportunities arise in the performance of a contract awarded in reliance on the PRIME CONTRACTOR WAIVER FORM, the contractor shall notify the City before subcontracts for work and./or supplies are let and the contractor shall comply with the requirements of this ordinance. (e) GOOD FAITH DOCUMENTATION, including the GOOD FAITH EFFORT FORM, shall be submitted with any bid and/or proposal that fails to include MBE/WBE participation that equals or exceeds the MBE/WBE project goals . ( f) The submission of the applicable completed form(s) within the allotted time will be considered when determining the responsiveness of the bid. Failure to comply with the bid specifications, inclusive of the MBE and WBE specifications , shall render the bid non-responsive. (2) Other than responses to Requests for Proposals for those professional services defined in Chapter 2254 of the Texas Government Code-, responses to Requests for Proposals shall include a section which identifies the particular MBEs and/or WBEs to be utilized in performing the contract. (a) Specify as to MBEs and WBEs , the estimated percentage of the MBE and WBE participation, the type of work to be performed by the MB-E or WBE, and such other information as may reasonably be required 'to determine the responsiveness to the Request for Proposal . (b) Responses that do not meet or exceed the MBE and WBE utilization goals , as required by the request fo.r proposal , must submit a GFE explanation. Failure' to include such GFE explanation shall render the response non-responsive . (3) Initial responses to requests for proposals for those professional services defined in Chapter 2254 of the Texas Government Code shall not include a response to the requirements of this ordinance . The City shall -13- comply with the requirements of said Chapter and rank the professional on the basis of demonstrated competence and qualifications . During negotiating the contract with the highest ranked professional , the professional shall respond to this ordinance in the manner specified in paragraph 2 (a) above . (4 ) The GOOD FAITH EFFORT documentation shall demonstrate the Offeror' s commitment and honest efforts to utilize MBE and _WBE. The burden of preparing and submitting the GFE information is on the Offeror and will be evaluated as part of the responsiveness to the bid or appropriate proposal . Any willful misrepresentation of facts on the documentation submitted will constitute a basis for classification as non-responsive and possible debarment . ( 5) The contracting department may request the MBE/WBE Office to waive the goal requirements of this subsection, or to reduce the amount of the goals, for either or both MBE/WBE, in accordance' with the provisions of the Exceptions and Waivers section . (D) The City Manager, with the advice and counsel of the DBEAC in accord with City of Fort Worth Resolution No. 1148 , shall adopt regulations governing the purchase of goods and services under $15 , 000 . (E) In addition to such other requirements as may be set forth elsewhere, the following shall apply to construction, profes- sional service, discretionary service, and applicable purchasing contracts awarded by the City: (1) Contracts shall incorporate this ordinance by reference, and shall provide that the failure of any bidder, contractor or subcontractor to comply with this ordinance shall be a material breach of contract . ( 2) During the term of any contract , any proposed change or deletion in MBE/WBE participation identified in the bid, proposal or contract shall be reviewed by the MBE/WBE Office to determine whether such change or deletion is justified in accord with the immediate following two (2) paragraphs . Any unjustified change or deletion shall be a material breach of the contract . (3 ) Contracts shall require that during the term of the contract , the contractor shall : (a) Make no unjustified changes or deletions in its 14BE and WBE participation commitments submitted with the bids, proposals or during negotiations ; - 14- ' (b) If substantial subcontracting and/or substantial supplier opportunities arise during the term of any contract that the contractor represented to' the City that the contractor alone would perform required by the contract, the contractor shall notify the City before subcontracts for work and/or supplies are let and shall be required to comply with the provisions of this ordinance; and (c) Maintain records reasonably necessary for monitor- ing their compliance with the provisions of this ordinance. (4 ) The contractor shall submit to the MBE/WBE Office for approval a REQUEST FOR APPROVAL OF CHANGE FORM if , during the term of any contract, a contractor wishes to change or delete one or more MBE and/or WBE subcontractor 's) : (a) Within three (3 ) business days after receipt by the MBE/WBE Office, the Request shall be reviewed . The Request shall be approved if the change or deletions is justified. The following shall constitute justification for the requested change or deletion: (1) an MBE or WBE's failure to provide workers ' compensation insurance evidence as required by state law; or (2) an MBE or WBE's failure to provi.de evidence of general liability or other insurance under the same or similar terms as contained in the contract documents with limits of coverage no greater than the lower of 1) the limits required of the contractor by the City; or 2) the limits contained in the contractor's standard subcontract or supply agreements used on other projects of similar size * and scope and within the contractor ' s normal business practice with non MBE or WBE subcontractor's or suppliers; or (3 ) an MBE or. WBE' s failure to execute the contractor ' s standard subcontract form in the amount of the bid , if entering a subcontract is required by the contractor in its normal course of business ; or (4 ) an MBE or WBE' s default in the performance of the executed subcontract; and -15- ( 5) all MBE and WBE subcontractors previously submitting bids for the work are requested to bid on the work, and, if reasonably practicable due to time constraints, the contractor obtains bids from previously non- bidding MBEs and WBEs , and no MBE or WBE subcontractor submits the lowest bid . (b) If the MBE/WBE Office approves the deletion of an MBE or WBE and replacement by a. non-MBE or WBE, such approval shall constitute a post award waiver to the extent of the value of the deleted subcontract . (c) If the MBE/WBE Office denies the Request for Change or Deletion , the contractor may appeal the denial to the City .Manager whose decision will be final. NOTE: The contractor shall submit such documentation as may reasonably be _requested by the MBE/WBE Office to support the contractor's request. The time between the request by the MBE/WBE Office for additional documentation and the delivery of such documentation shall not be included within the time period that the MBE/WBE Office is required to respond. NOTE: Upon completion of the contract and within ten (10) days after receipt of final payment from the City, the contractor shall provide the MBE/WBE Office with documentation to reflect the final participation of each subcontractor and/or supplier used on the project, inclusive of MBEs and WBEs . (5) -Whenever contract , amendments, change order, or extra work orders are made individually or in the aggregate, the contractor shall comply with the provisions of this ordinance with respect to the alternates, amendment, change orders , or extra work order . (a) If the amendment, change order , or extra work affects the subcontract of an MBE or WBE, such MBE or VIBE shall be 'giv.en the opportunity to perform such amendment , change order or extra work. (b) If the amendment, change order or extra. work is not covered by any subcontract of like or similar work/ is work not to be performed by the contra-ctor, and the amount of such amendment, change order or extra work exceeds ten . percent ( 100) of the original contract amount , the contractor shall comply with -16- V. PROGRAM ADMINISTRATION (A) The .City Manager, with the advice and counsel of the DBEAC in accord with City of Fort Worth Resolution No. 1148 , is authorized to establish and implement the regulations set 'forth in this ordinance. The MBE/WBE Office shall be responsible for the overall administration of the City' s MBE and WBE Program, and its duties and responsibilities shall include : (1) Recommending rules and regulations to effectuate this ordinance; (2) Maintaining a current listing of certified WBE -and MBE for distribution internally and externally on contracts ; (3 ) Providing information and needed assistance to MBE and WBE to increase their ability to compete effectively. for the award of City contracts ; (4 ) Investigating alleged violations of this ordinance and making written recommendations to appropriate City authorities for remedial action when appropriate; (5) Developing and distributing all necessary forms, applica- tions , and documents necessary to comply with this ordinance; (6) Reviewing, on a regular basis , the progress of depart- ments toward achieving the category goals for the utilization of minority and women' s business enterprises ; (7) Making recommendations to appropriate City staff regarding methods to further the policies and goals of this ordinance; (8) Determining MBE/WBE compliance on contracts before they are submitted to the City Council for award; (9) Maintaining accurate contract performance reporting - system; and (10) Compiling a report reflecting the progress in attaining the City's annual goals ; quarterly and annually. (B) It shall be the responsibility of the contracting department to ensure that bids or proposals emanating from the department adhere to the procedures and provisions set forth in this ordinance . (1) The department director or designee shall assume primary responsibility for achieving the goals of this prog ram -18- J the provisions of this ordinance with respect to such amendment, change order, or extra work. IV. EXCEPTIONS AND WAIVERS (A) If a bidder is unable to comply with the goal requirements established in the Program Goals section of this ordinance, such bidder shall submit one of the two forms listed below within the allotted time. , (1) A Prime Contractor Waiver Form (Attachment 1B) is submitted if the bidder will perform the entire contract without subcontractors or suppliers . (2) A Good Faith Effort Form (Attachment 1C) is submitted if the bidder has subcontracting and/or supplier opportunities but was unable to meet or . exceed the project M/WBE goals.. The bidder will submit requested documentation which demonstrates a good faith effort to comply with the goals requirements as described in the Program Goals section above. (B) A contracting department may request the MBE/WBE Office to waive or modify the goal requirements for MBE and/or WBE by submitting a Departmental Waiver Form in writing, prior to solicitation of bids or proposals . The MBE/WBE Office may grant such a waiver or reduction upon determination that : (1) The reasonable and necessary requirements of the contract render subcontracting or other participation of business other than the bidder or proposer infeasible ; or, (2) A public or administrative emergency exists which requires the goods or services to be provided with unusual immediacy; or (3) Sufficient MBE and WBE providing the services required by the contract are unavailable in the market area of the project, despite attempts to locate them; or (4 ) The application of the provisions of this ordinance will impose an unwarranted risk on . the City or unduly delay acquisition of the goods or services . (S) FThenever the MBE./WBE Office denies a request to waive a goal, the contracting department may appeal that denial . to the City Manager whose decision on the request shall be final . -17- and shall review, on a continuing basis , all aspects of the program's operations to assure that the purpose is being attained. (2) The contracting department shall take the following action to ensure that MBEs and WBEs have the maximum opportunity to participate on city contracts: (a) The advertisements for formal bids required to be advertised according to statute shall appear in minority and women-targeted media, no less than 30 days before bids are due for specific contracting opportunities ; (b) A written notification shall be sent to minority and women trade associations, contractor's associations , and minority and women chambers of commerce about the availability of formally advertised contracting opportunities no less than 30 days before bids are due; (c) All contract solicitations shall include the MBE and WBE policy; (d) All contracting opportunities shall be evaluated in an effort to divide the total requirements of a contract to provide reasonable opportunities for MBE and WBE; (e) For construction contracts, establish procedures to ensure that all contractors submitting correct- invoices are paid twice a month and that subcontractors are paid . in accord with the subcontract within five (5) business days after receipt of payment; a contractor' s failure to make payments within five (5) business days shall. authorize the City to withhold future payments from the contractor until compliance with this ordinance is attained. (f) Establish guidelines to ensure that a notice to proceed is not issued until signed letters of intent or executed agreements with the MBE and WBE have been submitted; (g) Ensure that all required statistics and documenta- tion are submitted to the MBE/WBE Office as requested; and (h) If circumstances prevent the contracting department from meeting, the thirty-day advertising and notifi- cation requirements , the- contracting department -19- shall perform extensive outreach to MBE and WBE associations or other relevant organizations to inform them of the contracting opportunity. VI. CERTIFICATION The City will recognize MBE and WBE that are certified by the Texas Department of Transportation (TxDOT) , highway division, or the North Central Texas Regional Certification Agency (NCTRCA) . VII_ CONTRACT MONITORING, REPORTING, AND COMPLIANCE (A) The MBE/WBE office shall monitor compliance with these requirements during the term of the contract. If it is determined that there is cause to believe that a contractor or subcontractor has failed to comply with any of the require- ments of this ordinance, or the contract provisions pertaining.. to MBE and WBE utilization, the MBE/WBE Office shall notify th.e contracting department and the contractor. The MBE/WBE Office shall attempt to resolve the noncompliance through conciliation. If the noncompliance cannot be resolved, the Coordinator and the contracting department shall submit written recommendations to the City Manager or designee, and if the City Manager concurs with the findings, sanctions shall be imposed as stated in ordinance. (B) Whenever the MBE/WBE office finds , after investigation, that a contracting department has failed to comply with the provisions of this ordinance , a written finding specifying the nature of the noncompliance shall be transmitted to. the contracting department, and the MBE/WBE office shall attempt to resolve any noncompliance through conference and conciliation. Should such attempt fail to resolve the noncompliance , the Coordinator shall ' transmit a copy of the findings of noncompliance , with a statement that conciliation was attempted and failed , to the City Manager who shall take appropriate action to secure compliance . (C) The MBE/WBE Office may require such reports , information, and documentation from contractors; bidders , contracting agencies, and . the head of any department, division , or office of the City of Fort Worth, as are reasonably necessary to determine compliance with the requirements, within ten ( 10) days after the notice of noncompliance. (D) Contracting departments shall maintain accurate records for each contract awarded, including dollar value, the nature of the goods or services to be provided, the name of the contrac- tor awarded the contract , the efforts it employed to solicit bids from MBE and WBE, identifying for each its dollar value, -20- the nature of the goods or services provided , and the name of the subcontractor. (E) The City Manager, with the advice . and counsel of the DBEAC in accord with City of Fort Worth Resolution No . 1148 , shall submit an annual report to the -City Council .on the progress of the City toward the utilization goals established by this ordinance, together with an identification of problems and specific recommendations for improving the City ' s performance. VIII . DEBARMENT (A) The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by an .offeror will result in the offeror being determined to be an irresponsible offeror and barred from participating in City work for a period of time of not less than three (3) years. (B) The MBE/WBE Office will send a written statement of facts and a recommendation for debarment to the City ;Manager . The City Hanager, after consultation with the Department of Law, will make the decision regarding debarment and send a certified notice to the Offeror. (C) An offeror that receives notification of debarment may appeal to an Appeal Board, hereinafter created, by giving written notice within ten ( 10) days from the date of receipt of the- debarment notice, to the City Manager of its request for appeal . (D) An Appeal Board, consisting of not less than three members appointed by the City Manager with the approval of the City Council , will meet within thirty ( 30) days from the date of receipt of the request for appeal of debarment, unless Offeror requests an extension of time. The Offeror will be notified _ of the meeting time and location. (E) The Offeror will be afforded an opportunity to appear with Counsel if they so desire, . submit documentary evidence , and confront any person the City presents.. (F) The Appeal Board will render its decision not more than thirty (30)' days of the hearing and send a certified notice to the Offeror . (G) If the Appeal Board upholds the original debarra-ant, the Offeror may appeal to the City Council within ten (10) days from the date of receipt of the Appeal Board ' s decision by giving written notice to the City Manager . -21- r (H) The appeal will be placed on the City Council agenda within thirty (30) days from receipt of written notice, unless Offeror requests an extension in writing . (I) From the date of notification of debarment and during the pendency of any appeal , the City will not consider offers from, ..award contracts .to, renew or otherwise extend contracts with , or contract directly or indirectly through subcontracts with the Offeror pending. the Appeal Board 's decision. IX. SEVERABILIT`1 If any provision of this attachment or 'ordinance, -the application thereof to any person , or circumstance is held. invalid for any reason in a court of competent jurisdiction , such invalidity shall not affect the other, provisions of any other application of this attachment or ordinance which can be given effect without the invalid provision or application, and to this end, all .the provisions of this attachment or ordinance are hereby declared to be severable- -22- EXRj,-BF ' G LEAD BASEL}PAINT GUIDELLIES Lead-Based Paint Regulations Changes On September 15, 1 999, 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 ehznges 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 Develop men,:Bloc',{ Grant(CDBG) Program, HOME Program, McKinney Act homeless programs and other CPD programs must prepare to meet these requirements by September 15, 2000. I 1 Aftachment 7 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 provider. ❑ Tremendous progress has been made in reducing lead poisoning. Lead-based paint in housing is the final remaining source of lead that directly threatens families. ❑ 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. i 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 leaming difficulties. i i ➢ The only vray to know for sure if someone has been poisoned is to perform a blood test. j I • Not all lead-based paint is a hazard. ; intact lead-based paint does not cause lead exposure. de deteriorated paint,lead-contaminated dust and lead-contaminate d soil. ➢ Lead hazards include p i i Meeting the New Lead-Based Paint Regulation • The new lead-based paint regulation emphasizes practical solutions. i 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 communi'jes flexibility. i 4 2 TAKING ACTION TO ADDRESS LEAD-BASED PAINT By September 15,2000,successful State and local housing programs receiving Federal funds will have; ❑ Revised their program procedures and documents to implement the additional steps required for. Providing notification Identifying lead hazards 9 Performing lead hazard reduction,using safe work practices and achieving "clearance" ➢ Implementing ongoing maintenance where required 9 Responding to lead poisoned children • Obtained training for contractors and program staff on lead hazard evaluation and reduction. • Developed methods and assembled materials to educate rental property ovrners, homeovmers, and occupants of rental housing about the new requirements. ❑ Established working relationships with lead professionals and key partners,such as risk assessors and clearance technicians, public health deparLments and HUD lead grantees. • 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 proper ty. i 3 ATTACHMENT 2-SUMMARY OF LEAD-BASED PAINT REQUIREMENTS BY ACTIVITY Rohabtlltat[on TbS2A A,L,SS,O (Subpart J) (Subpart M) (Subpart K) <$5,000 $5,000-525,000 >�25;000 Homobuyor and Special Needs' Approach to Load 1. Do no harm 3. Identify and.conlrol ;41, identify and abate 2 ,Identify and slablllze 2::Adcntify andstablllze Hazard Evatuatlon and. load hazards:. lead hazards de(©riorale8'palnf , dblerlora(ed pant,.. Rod•Uctlon Notliicatlon AII4 types All 4 types AII4 types AII4 types AII4 types Lead Hazard Paint Testing Paint Testing and Paint Testing and Usual Assessment Visual Assessment Evaluation Risk Assessment Risk Assessment Load Hazard Repair surfaces Interim Controls Abatement Paint Stabilization Paint Stabilization Reduction disturbed during (Interim Controls on rehabilitation" exterior surfaces not disturbed by rehabilitation) Safe work practices Safe work practices Safe work practices Safe work practices Safe work practices Clearance of work.sile Clearance of unit Clearance of unil Clearance of unit Clearance of unit Ongoing Maintonanco No No No Yes Yes(it angoing relationship) EiBLL Requirements No No No Yes No ;Options Prosunie load-based Prosumo ibad-Dised Presumo lead-based Test datoriorated paint. Test deteriorated painl. paint paintandlor hazards paint and/or hazards ( Use safe tivork practices only Use safo work practices only -Use safe tVork pradticos Uso standard lrualmorrts` Abato ail applicable on loan-based paint surfaces. on load-based path(surfaces, cn all surfaces suifaces Special Needs Housing may be subject to[lie requirements of Subpart J,M,or K dopending on the nafuro of Iha activity undertaken. However,since most special needs housing involves acquisition,leasing,support services,and oporatlons,for the purposes of this lable,it has been placed in lhis column. I 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 prackes Safe work practices used when on all surfaces being disturbed. working on areas identified as lead- based paint. Clearance performed on workk 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. IbENTIFY AND CONTROLLEAD HAZARDS Leed 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 Present and perform standard Risk assessment performed on Safe work practices used. treatments. entire dwelling. Clearance performed unit-vride. APPROACHA. .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 pn?sent and perform abatement on Risk assessment perfomed on Interim controls performed on all applicable surfaces-= entire dwelling. identified hazards on the exterior that deteriorated,impact,friction, are not disturbed by rehabilitation. chevrable surfaces,and surfaces.to Safe work practices used. be disturbed. Clearance performed unit-vide. 5 a A'T?ACHMENT 4 "LEAD SPEAK" -A BRIEF GLOSSARY COMMON LEAD-BASED PAINT TERMS Lead-Based Paint: Paint that contains at least 1 milligram per centimeter square (mglcm2)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; f1'c6on, impact or chewable painted surfaces;lead-contaminated dust; or lead- contaminated soil. LEAD HAZARD EVALUATION Visual Assessment:A visual evaluation of 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* 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 ident;fies lead hazards and appropriate lead hazard reduction methods. A cer1iined 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 cerl=ified 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 t; a unit is safe for occupancy. It involves a visual assessment, analysis of dust and soil samples,and prepartion of report.A certi led risk assessor,paint inspector,or clearance technician(independent fmm enRyfindividual conducting paint'stabiliza5on 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 to completed by qualified workers using safe vrork 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 evalua5on is not needed. Standa-d treatments must be completed by qualified workers using safe worlk practices. As with interim controls,follow-up monitoring is needed. Abatement: Pleasures to permanently control lead-based paint or lead-based paint hazards. 6 LEAD POISONING Environmental Intervention Blood Lead Levels 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 pgldL(micrograms per deciliter)of whole blood or above for a single test, or blood lead levels of 15-19 pgldL in two tests taken at least three months apart. LEAD-BASED PAINT- KEY UNITS OF MEASUREMENT pg (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 weighs.2 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). p9/8L: 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 pats. pg/gram: Micrograms per gram of sample,equivalent to parts per million(ppm) by weight. pg/ftl: 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,tt=(micrograms per square foot). mg/cmz: Milligrams per square centimeter,used for paint by XRF machines. percent: Percent by weight,used usually for lead-based paint(1 percent= 10,000 pg/gram) ppm: Pads per million by weight, equivalent to pg/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 (mg/cm'-)of lead; 0.5 percent lead;or 5,000 parts pVr million (ppm) lead by dry weight Dust—Thresholds for Lead-Contamination(Risk AssessmentlClearance) > f=loors 40 pglftZ interior window sifts 250 pgIft` ➢ Window troughs(Clearance only) 800 pglf12 Soil -Thresholds for Soil Contamination > Play areas used by children under age 6 400 pg/gram Other areas 2,000 pglgram 7 Attachment S--SUMMARY OF MAJOR REGULATION CHANGES BY A-CTIVi1-Y TABLE 1; REHABILITATION ACTIVITIES CURRENT REQUIREMENTS NEW REQUIREMENTS (All activities) <$5000funit $5000-$25,000/unit >$25,0001unit Applicabi{ity Applicability Under the current regulation,the lead-based paint The new regulation outlines lead-based paint requirements specifically for requirements for rehabifitabon 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 CPD7funded 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 reaulation 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 EPAMUDICPSC lead-based paint hazard information . pamphlet. Al!property owners(both subsidized and market rate) mustdisclose available information about the presence of lead-based paint and provide prospective buyersloccupants with any existing documentation on known lead-based paint hazards in the dwelling unit Usual Inspection Paint Testing Paint Testing and Risk Assessment Visual inspections must be performed on properties Painted surfaces Gnat will Rehabilitation assistance greater than$5000.per j constructed prior to 1978 to identify defective paint be dist urbed during' unit requires hieher 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 of e dwelling to check for the presence of lea-3- 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 55,000 and$25,000-The grante- may assume that lead-based paint and lead hazards are present,forego the paint testing and risk assessment,and conduct standard Geatinents. • 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 a!!paintei surfaces disturbed during rehabilitati on that are presumed to have lead- based paint and all presumed hazards. 8 SUMMARY OF MAJOR REGULATION CHANGES BY ACTIVITY TABLE 1: REHABILITATION ACTIVITIES (Continued) CURRENT REQUIREMENTS NEW REQUIREMENTS (All activities) <$50001unit $5000-$25,0001unit >525,0001unit Treatment Paint Repair Lead Hazard Abatement Any defective paint surfaces most 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 l=ad-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 reculation establishes more extensive requirements for safe work practices,including an updated list of prohibited methods. There are additional safety precautions for occupant protection, wor�site preparation, and cleanup activities. Clearance Clearance Not required. Once hazard reduction work is comp!eted,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 rehatiilitation activities. For rehabilitation assistance<5,000 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 ex+Lerior 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 propeFties receiving rehabilitation assistance through the HOME program must incorporate ongoing lead-based paint maintenance activities into regular building opera5ons. -EBL Requirements Environmental Intervention Blood Lead Level Requirements If an EBL child is identified, chewable suraces must The new regulation does not require action by grantees when a child Otnr 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. 9 TABLE 2: TENANT-BASED RENTAL ASSISTANCE ACTNITIES 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 workk. 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-bonded 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 Oxupants must receive a notification about the potential presence and Same as current r&quiremen:_ hazards of lead-based paint. Notification can be achieved through the The new regulation also requires wft.en notice to occupants infori;ig Ltiem or distribution of the EPA/'r'UDr'CPSC lead-based paint hazard infomation head hazard evaluation or reduction a jv";ties. Pamphlet. All property owners(both subsidized and market rte)must disclose available infomation 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 cccurfed by families with children under ace six visually inspected for defective paint surfaces prior to occupancy and on must be inspected for de;eriora!ed pain ss:fac:.s.A visual assessment is a an ongoing basis. visual search for cracking,scaling,p`ling,or chipping paint 1 Treatment Paint Stabilization I Defective paint surfaces must be safely Ireated within 30 days or the Al!deleriorated paint surfaces in a dw_Ilins must undergo paint stabilizabGn. inspection either by covering the surface with permanent wall covering Paint stabilization is similar to the treatment activities required under aument (such as wallboard)or by s-,aping and repainting t;-de sul"ace. regulations. However,additional sa`e;•jards must be rmp!emented to r,;u:e the ns of creatino Faded dust. Safe Work Practices Safe 41oA Practices Current regulations establish some p;ovisior,s regarding safe and Pai^t stabilization must be pe or ne!using safe work pre I cgs. The new prohibited methods for work. regulation has more extensive requirements for Save WOeX prac�Ces,including an ucdated list of prohibited methods. There are additional safety pr�utions for occupant prote::�ion,worRsite preparation,and Cleanup activities. Clearance Clearance Not required. Ater paint stabilization,a clearance examninaiion must l�_p2rforme-d by a �.iiiied professional to ensure that a!I r yuired work was done and no lead- based paint hazards remain. Cle--_ar_�involves a viSUZ!assessment aid dust les;ing C„er cleanup is complete. Ongoing Maintenance and Monitoring Ongoing Maintenance None required. Own=.rs of all tenant-based renta!assistance properties must incorpora!e ongoing lead-based paint maintenance activities into regular buildng op_ra!ions. ESL Requirements Environmental intervention Blood Lead Level Requirements it an EBL child is identh,ed,chewable surfaces must ba tested. If lead- n child with an environmental intervantion bled lead level is iden'-5ed,the base'paint is present,the surfaces must be abated. owner must comp!ale a risk as_-,e_ssment of the dwelling unit where the child resides v,ithin 15 calendar days and ccnduct intern contcls or abatem�—It within 15 ca!endar days of risk assessment to control ttie identned lei hazards. The granLE-e must communic--le with Sta?=and local h=_allh agencies to pmv;de and receive idenGScation information a`_out chi!dren vrith environmental intervention blood lead levels.Ouarteny,craNe=s must mat&,information cn t environmental intervention blood lead level uses with names and a✓'diessts of families receivino Federal assistznc.. f 10 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 sp—ecifically for acquisition,leasing,support services,and operations activities are the Federally funded acquisition,l=easing,support services,and operations work sane as those for other program,activities. Each CPD program has These requirements apply to HUD programs that provide assistance for its own lead-based paint regulation. acquisition,leasing,support services,and operations activities,inciudmg 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 progrrn has the most extensive guidance on requirements,but it diners from ober programs by specifying activities that are exempt. The general requirements that apply to all these programs are described below. Notification Notification Purchases and occupants of properties constructed prior to 1978 Same as current requirement, must receive a notification about the potential presence and hazards The new regulation also requires w;i«en notice to occupants informing bhem of of lead-based paint. This can be achieved through the distribution of lead hazard evaluation or reduc tom activities. the EPA/HUD/CPSC 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 documental;on on known lead-based paint hazards in bhe dwelling unit. Visual Inspection Visual Assessment Properties constructed prior to 1978 must be visually inspacied for Under the new regulation,inspe-Miens for deteriorated paint surfaces a.e de`zctiYe paint surfaces. re,uired in properties constructed prior to 1978. A visual assessment is a visual search for crackino,sc,alinc,piling,or chipping paint. Treatment Paint Stabilization Defective paint surfaces must be safely treated either by covering the All deteriorated paint surfa;.ess must undergo paint stabTizaticn. Paint surface with perms anent wall covering(such as wallboard)or by stabilization is similar to the treatment activities required under cu. ent 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 Curent regulations establish son provisions regarding safe and Paint stabilization must be parorne✓using sall e work practices. The ne,Y pmnioded methods for work. regulation has more exiensiye requirements for safe work pr does,inducting an updated list of prohibited metticds. There are additional sc ety pre---autions for cceupant protection,worlksita preparation,and cleanup acluvilies. Clearance Clearance Not required. After paint stabilization,a deamnce examination must be parforrned by a cerd5ed professional to ensure•LV all required woek was done and no lead,- based pain;hazards remain. Clearance involves a visual assessment and dus`. testing after cleanup is complete. Ongoing Maintenance and Monitoring Ongoing hlaintenance None required. Grantees of acquisition,leasing,support services,and operGons acti,e"es must incorporate ongoing lead-based paint rnaintenance actvi5-_-�s into re u!a: building op-erations. EEL Requirements Environmental Intervention Blood Lead Level Requirements If,an EEL child is ident FA_chewable surfaces must be tested for The new regulation does not require action by grantees when a wild w an lead-baser paint and treated as nE.,essary• environmental intervention blood lead level is found to be living in a un¢that, has received a--quisition,leasing,support services,oro��ticns assts r e. 11 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 rzhabil-Ration 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 insults 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 wont 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 retum 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.rzhabilitation greater than S5,000.-Befom 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. (There 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. 12 Disclosure of information on Lead-Based Paint and/or Lead-Based Paint Hazards Lead Warning Statement Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including leaming disabilities, reduced intelligence quotient, behavioral problems, and Impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. Sellers Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below): 0) Known lead-based paint and/or lead-based paint hazards are present In the housing (explain). (ii) Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the seller(check (1) or(ii) below): W Seiler has provided the purchaser with all available records and reports pertaining to lead- based paint and/or lead-based paint hazards in the housing (list documents below). Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Purchaser's Acknowledgment (initial) (c) Purchaser has received copies of all Information listed above. (d) Purchaser has received the pamphlet Protect Your Familyfrom Lead in Your Home. (e) Purchaser has (check (i) or (ii) below): N received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assess- ment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or (ii) waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. Agent's Acknowledgment (initial) (f) Agent has informed the seller of the sellers obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance. certification of Accuracy The following parties have reviewed the Information above and certify, to the best of their knowledge,that the information they have provided Is true and accurate. Seller Date Seller Date Purchaser Date Purchaser Date Agent Date Agent Date Dedarad6n de Informacl6n sobre Pintura a Base de Plomo y/o Pellgros de la Plntura a Base de Plorno Declarad6n sobre los Peiigros del Plomo. Se notifica a todo comprador de cualquler Inters en propledad real resldendal en la cual fue construldo una vivlenda residential antes del ano 1978,que dlcho propledad puede presenter una exposlcl6n a plomo de la pintura a base de plomo que podda poner a nlno.5 j6venes en sltuacl6n de riesgo de desarrollar envenenamlento de plomo. El envenenamlento de plomo en nlnos J6venes puede producir danos neurol6gicos permanentes, incluyendo Incapacldad para el aprendlzaje, codente de inteligenda reducido,problemas de comportamlento ymemoria danada, El envenenamlento de plomo tombldn represents un pellgro especial para los muferes embarazadas. El vendedor de cuolqulerInter&en una propledad prlvada real resldenclol Irene to obligad6n de proporclonarie al comprador toda la lnformaci6n que posea sobre los peligros de la pintura a base de plomo que se hayan determinado en evaluaciones o Inspecciones de riesgo y de notifrcarle al comprador sobre cualquler peligro que conozca de lapin turc abase de plomo. Se recomienda realizar una evoluacl6n o Inspeccl6n de posibles peligros de lapin tura a base de plomo antes de la compro. Declarad6n del Vendedor (a) Presencia de pintura a base de plomo y/o peligros de pintura a base de plomo (marque (i) o (ii) abajo): 0) Confirmado que hay pintura a base de plomo y/o pellgro de pintura a base de plomo en la vivlenda (explique). (ii) El vendedor no tiene ningun conodmiento de que haya pintura a base de plomo y/o peligro de pintura a base de plomo en la vivienda: (b) Archivos e informes disponibles para el vendedor (marque (i),6 (ii) abajo): M E! vendedor le ha proporcionado al comprador todos los archivos e Informes disponibles reladona- dos con pintura a base de plomo y/o peligro de pintura a base de plomo en la vivienda (anote los documentos abajo). (ii) El vendedor no tiene archivos ni informes reladonados con pintura a base de plomo y/o peligro de pintura a base de plomo en la vivienda. Acuse de Redbo del,Comprador(initial) (c) El comprador ha recibido copias de toda la information indicada arriba. (d) El comprador ha recibido el folieto titulado PrcOjo a Su Familia del Plomo en Su Casa. (e) El comprador ha (marque (i) 6 (ii) abajo): 0) recibido una oportunidad por 10 dias (o un periodo de tiempo de mutuo acuerdo) para hacer una evaluation o inspection de desgo de presencia de pintura a base de plomo o.de peligros de pintura a base de plomo; o renunciado a la oportunidad de hater una evaluation o inspection de riesgo de presencia de pintura a base de plomo o de peligros de pintura a base de plomo. Acuse de Recibo del Agente (initial) (f) El agente le ha informado al vendedor de las obligadones del vendedor de acuerdo con 42 U.S,C. 4852(d) y esta consciente de su responsabilidad de asegurar su cumplimiento. Certif<caci6n de Exactitud Las partes siguientes han revisado la information que aparece arriba y certifican que, segun su entender, toda la information que han proporcionado es verdadera y exacta. 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Lead from paint, chips, and dust can pose serious health hazards if not taken care of properly. Federal law requires that individuals receive certain information before renting, buying, or renovating pre-1978 housing: wl LANDLORDS have to disclose known infor- mation on lead-based paint and lead-based paint hazards before leases take effect. Leases must include a disclosure form about lead-based paint. SELLERS have to disclose known informa- tion on lead-based paint and lead-based paint hazards before selling a house. Sales contracts must include a disclosure form about lead-based.paint. Buyers have up to 10 days to check for lead hazards. _xV RENOVATORS have to give you this < 7 pamphlet before starting work. (After �' June 1, 1999.) IF YOU WANT PADRE INFORMATION on these requirements, call the t National Lead Information Clearinghouse at 1-800-424-LEAD. ...................................................._....................._...........................»..:........................................................................................ ....................._... This document is in the public domain. It may be reproduced by an individual or organization without permission. Information provided in this booklet is based upon current scientific and technical understanding of the issues presented and is reflective of the jurisdictional boundaries established by the statutes governing the co-authoring agencies. Following the advice given will not necessarily pro- vide complete protection in all situations or against all health hazards that can be caused by lead exposure. IMPORTANT! Lead From Paint, Dust, and Soil Can Be Dangerous If Not Managed Properly FACT: Lead exposure can harm young children and babies even before they are born. FACT: Even children who seem healthy can have high levels of lead in their bodies. FACT: People can get lead in their bodies by breathing or swallowing lead dust, or by eating soil or paint chips containing lead. FACT: People have many options for reducing lead hazards. In most cases, lead-based paint that is in good condition is not a hazard. FACT; Removing lead-based paint improperly can increase the danger to your family. If you think your home might have lead hazards, read this pamphlet to learn some simple steps to protect your family. Lead Gets zn the Study in Many Mys People can get lead in their body if they: In � Put their hands or other objects United covered with lead dust in their mouths. States, Eat paint chips or soil that contains lead. Jfl0,0f30 children ages d Breathe in lead dust (especially during renovations that disturb painted to 5 have a surfaces). blood-lead lelrel abave Lead is even more dangerous to children the level of than adults because: t, - Babies and young children often put their hands and other objects in their Even children mouths. These objects can have lead Lich ► O-Ppear dust on them, healthy can Children's growing bodies absorb more have danger- lead. ous levels of lead in their € Children's brains and nervous systems bodies are more sensitive to the damaging effects of lead. s t f "tea.y 2 Lead's Effects If not detected early, children with high levels of lead in their bodies can suffer from: Damage to the brain and nervous system Behavior and learning problems (such as hyperactivity) :* Slowed growth Hearing problems Headaches Lead is also harmful to adults. Adults can suffer from: Difficulties during pregnancy Other reproductive problems (in both men and women) High blood pressure Digestive problems '� F� : Nerve disorders Memory and concentration problems 4 Muscle and joint pain Lead affects the body in many grays. Where Lead-Based Paint Is Found in general, Many homes built before 1978 have lead- the older your based paint. The federal government banned lead-based paint from housing in borne, the 1978. Some states stopped its use even more likely it earlier. Lead can be found: has, lead- In homes in the city, country, or suburbs. based paint. 0 in apartments, single-family homes, and both private and public housing. Inside and outside of the house. In soil around a home. (Soil can pick up lead from exterior paint or other sources such as past.use of leaded gas in cars.) Cheeping Your Family fo-1+ Lead To reduce your child's exposure to lead, Gee youir get your child checked, have your home children and tested (especially if your home has paint h.o3tme tested in poor condition and was built before if you think 1978), and fix any hazards you may have. `,out. home Children's blood lead levels tend to increase rapidly from 6 to 12 months of age, and has high lev- tend to peak at 18 to 24 months of age. els of lead. Consult your doctor for advice on testing your children. A simple blood test can detect high levels of lead.:Blood tests are usually recommended for: Children at ages 1 and 2. ,z�?> Children or other family members who have been exposed to high levels_of lead. Children who should be. tested under your state or local health screening plan. Your doctor can explain what the test results mean and if more testing will be needed. 1 t Where Lead is Likely To Be a Hazard Lead-based paint that is in good condition is usually not a hazard. Lead from Peeling, chipping, chalking, or cracking pain% chips, lead-based paint is a hazard and needs which you immediate attention, can t sQyf and Lead-based paint may also be a hazard lead dust, when found on surfaces that children can viihich you chew or that get.a lot of wear-and-tear, can't always These areas include: sea, can both Windows and window sills. be serious Doors and door frames. hazat-ds. t Stairs, railings, and banisters. Porches and fences. . Lead dust.can form when lead-based paint is dry scraped, dry sanded, or heated. Dust also forms when painted surfaces bump or rub together. Lead chips and dust can get on surfaces and objects ' �.` that people touch. Settled lead dust can re-enter the air when people vac- uum, sweep, or walk through it. 1 _ Lead in soil can be a hazard when children play in bare soil or when people bring soil into the house on 3 s 2 their shoes. Call your state agency _ (see page 11) to find out about test- , ing soil for lead. 5 l Checking Your Horne for Lead Hazards You can get your home checked for lead haz- Just knoWing ards in one of two ways, or both: that a home A paint inspection tells you the lead has lead- content of every different type of painted based paint surface in your home. It won't tell you may net tell whether the paint is a hazard or how you you if there should deal with it. is a hazard. A risk assessment tells you if there are any sources of serious lead exposure (such as peeling paint and lead dust). It also tells you what actions to take to address these-hazards. Have qualified professionals do the work. There are standards in place for certifying lead-based paint professionals to ensure the work is done safely, reliably, and effectively. Contact your state lead poisoning prevention program for more information. Cali 1-800- 424-LEAD for a list of contacts in your area. - Trained professionals use a range of methods when checking your home, including: Visual inspection of paint condition and "• location. A portable x-ray fluorescence (XRF) machine. Lab tests of paint samples. Surface dust tests. Home test kits for lead are available, but studies suggest that they are not always accurate. Consumers should not rely on these tests before doing renovations or to assure safety. J '1111hat You Can Do Now To Protect Your Family If you suspect that your house has lead hazards, you can take some immediate steps to reduce your family's risk: �- .2 . If you rent, notify your landlord of peeling or chipping paint. :77— may? Clean up paint chips immediately. :1. s: Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water and a ._L`.z_-- general all-purpose cleaner or a cleaner made specifically for lead. REMEMBER: NEVER MIX AMMONIA AND BLEACH PRODUCTS TOGETHER SINCE THEY CAN FORM A DANGEROUS GAS. Thoroughly rinse sponges and mop —' � heads after cleaning dirty or dusty areas. Wash children's hands often, especial- ly before they eat and before nap time and bed time. Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed animals regularly. Keep children from chewing window sills or other painted surfaces. Clean or remove shoes before �- entering your home to avoid tracking in lead from soil.�y Make sure children eat nutritious, low-fat meals high in iron and calcium, such as spinach and dairy products. Children with good diets absorb less lead. 7 How To Significantly Reduce Lead Hazards In addition to day-to-day cleaning and good Removing nutrition: lead You can temporarily reduce lead hazards improperly by taking actions such as repairing dam- can increase aged painted surfaces and planting grass the hazard to to cover soil with high lead levels. These Tamil actions (called "interim controls") are not y our Y permanent solutions and will need ongo- y Spreading ing attention. even more Q To permanently remove lead hazards, lead dust you must hire a certified,lead "abate- around the ment" contractor, Abatement (or perma- house. nent hazard elimination) methods include removing, sealing, or enclosing t,lv1fays i;se a lead-based paint with special materials. professioria! vlho Just painting over the hazard with regular is n air ed to paint is not enough: rei–nov' iead Always hire a person with special training hazards sanely. for correcting lead problems—someone who knows how to do this work safely and -- has the proper equipment to clean up thoroughly. Certified contractors will employ qualified workers and follow strict safety �- 4i rules as set by their state or by the federal t government. agency page 11 Call your state age y see p g( ) for t Jhelp with locating certified contractors in your area and to see if financial assistance is available, sZ Remodeling or Renovating a Home With Lead-Based Paint Take precautions before your contractor or you begin remodeling or renovations that f� �- disturb painted surfaces (such as scraping off paint or tearing out walls): •> Have the area tested for lead-based paint. Do not use a belt-sander, propane torch, heat gun, dry scraper, or dry sandpaper to remove lead-based paint. These actions create large amounts of lead dust and fumes. Lead dust can remain in your home long If not after the work is done. conduCied <> Temporarily move your family (espe- cially children and pregnant women) Certaii i types out of the apartment or house until the work is done and the area is prop- erly cleaned. If you can't move your $tons can family, at least completely seal off the release lead work area. fi;ohl paint Follow other safety measures to and dDst into reduce lead hazards. You can find out the air. about other safety measures by calling 1-800-424-LEAD. Ask for the brochure Reducing Lead Hazards When Remodeling Your Home." This brochure explains what to do before, during, and after renovations. If you have already completed renova- tions or remodeling that could have released lead-based paint or dust, get s our young children tested and follow .. the steps outlined on page 7 of this }.•�` r` brochure. Ci Other Sources of Lead t Drinking water. Your home might have ^V1 plumbing with lead or lead solder. Call f, = your local health department or water —? supplier to find out about testing your water. You cannot see, smell, or taste lead, and boiling your water will not get rid of lead. If you think your plumbing might have lead in it: • Use only cold water for drinking and L,Vhile paint, dust, cooking. _ and soil are the . Run water for 15 to 30 seconds most cornmon before drinking it, especially if you lead hazards, have not used your water for a few oth4r lead hours. sources also exist. The job. If you work with lead, you could bring it home on your hands or clothes. Shower and change clothes before coming home. Launder your work clothes separately from the rest of your family's clothes. �� �, <> Old painted toys and furniture. z: N % Food and liquids stored in le crystal y or lead-glazed pottery or porcelain. Lead smelters or other industries that release lead into the air. Hobbies that use lead, such as making pottery or stained glass, or refinishing furniture. f3 Folk remedies that contain lead, such as 11 greta" and "azarcon" used to treat an r upset stomach. 10 For More Information The National Lead Information Center Call 1-800-424-LEAD to learn how to protect children from lead poisoning and for other information on lead hazards. (Internet: vvvvw.epa.gov/lead and wvvw.hud.gov/lea). For the hearing impaired, call the Federal Information Relay Service at 1-800-877- 8339 and ask for the National Lead Information Center at 1-800-424-LEAD. a� EPA's Safe Drinking Water Hotlines`:' Call 1-800-426-4791 for information about :. lead in drinking water. Consumer Product Safety —•___ Commission Hotline -- i To request information on lead in f 4« < consumer products, or to report an _,, ,;��•.��:�, unsafe consumer product or a prod- uct-related injury call 1-800-638- �-�`- 2772. (Internet: www@cpsc.gov). "';�•��Y __ - °�;. For the hearing impaired, call TDD 800-638-8270. State Health and Environmental Agencies Some cities and states have their own rules for lead-based paint activities. Check with your state agency to see if state or local laws apply to you. Most state agencies can also pro- vide information on finding a lead abatement firm in your area, and on possible sources of financial aid for reducing lead hazards. Receive up-to-date address and phone infor- mation for state and local contacts on the Internet at vvww.epa.govllead or contact the National Lead Information Center at 1-800-424-LEAD. , i1 EPA Regional Offices Your Regional EPA Office can provide further information regard- ing regulations and lead protection programs. EPA Regional Offices Region 1 (Connecticut, Massachusetts, Region 6 (Arkansas, Louisiana, New Maine, New Hampshire, Rhode Island, Mexico, Oklahoma, Texas) Vermont) Regional Lead Contact Regional Lead Contact U.S. EPA Region 6 U.S. EPA Region 1 1445 Ross Avenue, 12th Floor Suite 1100 (CPT) Dallas, TX 75202-2733 One Congress Street (214) 665.7577 Boston, MA 0211.4-2023 1 (888) 372-7341 Region 2 New Jersey, York, Region 7 (Iowa, Kansas, Missouri, Re g ( Y Nebraska) Pucrto Rico, Virgin Islands) Regional Lead Contact Regional Lead Contact U.S. EPA Region 7 U.S, EPA Region 2 (ARTD-RALI) 2890 Woodbridge Avenue 901 N. 5th Street Building 209, Mail Stop 225 Kansas City, KS 66101 Edison, NJ 08837-3679 (913) 551-7020 .(732) 321-6671 Region 8 (Colorado, Montana, North Region 3 (Delaware, Washington DC, Dakota, South Dakota, Utah, Wyoming) Maryland, Pennsylvania, Virginia, West Regional Lead Contact Virginia). U.S. EPA Region 8 Regional Lead Contact 999 18th Street; Suite 500 U.S. EPA Region 3 (3WC33) Denver, CO 80202-2466 1650 Arch Street (303) 312-6021 Philadelphia, PA 19103 (215) 814-5000 Region 4 (Alabama, Florida, Georgia, Region 9 (Arizona, California, Hawaii, Kentucky, Mississippi, North Carolina, Nevada) South Carolina,Tennessee) Regional Lead Contact Regional Lead Contact U.S. Region 9 U.S. EPA Region 4 75 Hawthorne Street 61 Forsyth Street, SW San Francisco, CA 94105 Atlanta, GA 30303 (415) 744-1124 (404) 562-8998 Region 10 (Idaho, Oregon,Washington, Region 5 (Illinois, Indiana, Michigan, Alaska) Minnesota, Ohio, Wisconsin) Regional Lead Contact Regional Lead Contact U.S. EPA Region 10 U.S. EPA Region 5 (DT-81) Toxics Section WCM-128 77 West Jackson Boulevard 1200 Sixth Avenue Chicago, IL 60604-3666 Seattle,WA 98101.1128 (312) 886.6003 (206) 553.1985 12 CRSC Regional Offices Your Regional CPSC Office can provide further information regard- ing regulations and consumer product safety. Eastern Regional Center Mstern Regional Center 6 World Trade Center 600 Harrison Street, Room 245 Vesey Street, Room 350 San Francisco, CA 94107 New York, NY 10048 (415) 744-2966 (212) 466-1612 Central Regional Center 230 South Dearborn Street Room 2944 Chicago, IL 60604-1601 (312) 353-8260 HUD Lead Office Please contact HUD's Office of Lead Hazard Control for informa- tion on lead regulations, outreach efforts, and lead hazard control and research grant programs. U.S. Department of Housing and Urban Development Office of Lead Hazard Control 451 Seventh Street, SW, P-3206 Washington, DC 20410 (202) 755-1785 I.;1 r : I I y ithol it rte, F ►= w WOWS'x _ :.;4-4-4 7?r 3 1 u • tir�� a2L1iP �� • • ••• t Et Y y G!-Cyi _ fir.'-y • ^3d y�,,. i `` •- • • '•- •- • • • wfC�'�"'1 �''�� ids its i.-- • • i• � • 3 - I.c _ �• - • •° • •° • ••• • -• • .rte _ '��.Ij - v f-�,i7r .-"fir ��.R�;j°� _,, ,�� f� �j '<• .A kT �� +� `�. � ��i ��,�4 -. a,s,��' ] �`�-� '.` �a�,"���r-':�•*�p,l,k�i�- Yl.:..:ems". _ Wi Um of Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards Lead Warning Statement Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller.of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and note the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. Sellers Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below): (i) Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). (ii) Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the seller (check (i) or (ii) below): (i) Seller has provided the purchaser with all available records and reports pertaining to lead- based paint and/or lead-based paint hazards in the housing (list documents below). (ii) Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Purchaser's Acknowledgment (initial) (c) Purchaser has received copies of all information listed above. (d) Purchaser has received the pamphlet Protect Your Familyfrom Lead in Your Home. (e) Purchaser has (check (i) or (ii) below): (i) received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assess- ment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or (ii) waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. Agents Acknowledgment (initial) (f) Agent has informed the seller of the seller's obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify,to the best of their knowledge, that the information they have provided is true and accurate. Seller Date Seller Date Purchaser Date Purchaser Date Agent Date Agent Date CITY OF FORT WORTH ATTACHMENT I HOUSING DEPARTMENT SUBGRANTEE'S REQUEST FOR FUNDS Agency Program Name: Contract Number: Report Period: Date of Request: CASH BALANCE ANALYSIS FOR 1. Beginning Cash Balance $ $ 2. Amount Received: Program Income $ $ City of Fort Worth $ $ Interest Earned $ $ 3. Total Funds Available(1 +2) $ $ 4. Less Expenditure(detail statement cost) $ $ 5. ENDING CASH BALANCE (3-4) $ $ 6. Estimated Expenditures $ 7. Funds Needed(6-5) $ 8. Less Estimated Program Income $ 9. Unpaid Request for Payment Previously Submitted $ 10.Amount of This Request(7-8 &9) $ I. MARS-Purchasing Request A. MARS MUT: Vendor/PO Number/Requisition Number B. Fund/Account(Center C. Total Amount of this Request 1. Verification A: Model Blocks Planner: B. Contract Manager: C. Accounting: / 1 2. Authorization A. Agency: B. Mgmt&Budget- Administrator ! / Housing Director IF OVER 58,500.00 (N-) t CITY OF FORT WORTH ATTACHMENT II HOUSING DEPARTMENT MANAGEMENT AND BUDGET DIVISION DETAIL STATEMENT OF COSTS CONTRACT NO. DATE AGENCY TO PROGRAM REPORT PERIOD PROGRAM MONTHLY CUMULATIVE COST CATEGORY ACCOUNT. BUDGET EXPENDITURES TO DATE BALANCE PERSONAL SERVICES Salaries 516010 FICA . 518010 Life Insurance 518050 Health Insurance 518060 Unemployment-Federal 518090 Unemployment Tax-State 518090 Worker's Comp 518040 Retirement 518070 SUPPLIES Office Supplies 521010 Postage 521020 ITeaching Aids 522030 Food Supplies 522030 Other Operating Supplies 523300 CONTRACTUAL SERVICES Telephone 535040 Electric 535020 Gas(Utility) 535010 Water/Waste Disposal 535030 Rent(Building) 537010 Custodial Services 539220 Office Equipment Rental 537030 Printing 533030 Repairs 53600 Fidelity Bond 538210 Liability Insurance 534020 Le al&Accounting 538060 Private Auto Allowance-Local 532130 Advertising 533010 Conferences&Seminars 531180 Contractual Services 539120 Indirect Cost 517010 CAPITAL OUTLAY Furniture,Fixtures 541330 Office Equipment 541370 PropLq Insurance TOTAL Sub-Contractors Certification: I certify that the costs incurred are taken from the books of accounts and that such costs are valid and consistent with the terms of the agreement. NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE CITY OF FORT WORTH ATTACHMENT III HOUSING DEPARTMENT MANAGEMENT AND BUDGET DIVISION EXPENDITURES WORKSHEET AGENCY CONTRACT NO. DATE TO PROGRAM REPORT PERIOD CHECK NO. DATE # PAYEE DESCRIPTION ACCOUNT NO. AMOUNT 1 ' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17, 18 19 20 21 22 23 24 25 TOTAL Sub-Contractors Certification: I certify that the costs incurred are taken from the books of accounts and that such costs are valid and consistent with the terms of the agreement. AME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE ATTACHMENT IV MONTHLY NARRATIVE REPORT MONTH REPORTING FROM: TO: I . ACCOMPLISHMENTS II . ADDITIONAL COMMENTS REGARDING ACCOMPLISHMENTS THIS MONTH: IIZ . ' PROBLEMS ENCOUNTERED AND SOLUTIONS PROPOSED : IV. ANTICIPATED ACTIVITIES DURING NEXT MONTH: PERFORMANCE REPORT HOUSING DEPARTMENT' DATE: PROJECT-, FUNDING YEAR: I Female Client Name j Headed Age 1 Sex Ethnicity Race No.In Annual HIC Family Income Address Household 1. Hispanic/Latino 2. Non Rispanic/Latirm Race. I White 6. American Indian/Alaskan Native&White 2 BlackfAfrican American 7. Asia&White 3. Asian 8. BlacWAfrican American&White 4. American Indian/Alaskan Native 9. American Indian/Alaskan Native&BlacklAfrican American 5. Native Hawaiian/Other Pacific Islander 10. Other Multi-Racial City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/28/2003 DATE: Tuesday, October 28, 2003 LOG NAME: 05UCP_AHDF REFERENCE NO.: **C-19824 SUBJECT: Reallocation of the HOME Investment Partnership Program Funds for United Cerebral Palsy of Tarrant County RECOMMENDATION: It is recommended that the City Council: 1. Approve the reallocation of$125,000 in HOME Investment Partnership Program (HOME) funds to United Cerebral Palsy of Tarrant County (UCP-TC)for homebuyers assistance, housing counseling, architecture barrier removal, and program operating support; and 2. Authorize the City Manager to execute contracts with UCP-TC, not to exceed $125,000; and 3. Authorize contract performance period for the contract to begin on the date of contract execution and end twelve months thereafter; and 4. Authorize the City Manager to extend the contract, if UCP-TC requests an extension for up to one year; and 5. Authorize the City Manager to amend the contracts, if necessary, to achieve project goals provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations. DISCUSSION: The HOME Investment Partnerships Program is intended to be a partnership among federal, state, local government, non-profit and for-profit agencies that build, own, manage, finance and support low-income housing initiatives. HOME Participating Jurisdictions (PJs), such as the City of Fort Worth, are particularly encouraged to work with existing community-based, non-profit housing organizations, such as UCP-TC. A Notice of Funding Availability (NOFA) was issued recently to include this year's HOME Affordable Housing Development Fund funding. Eligible sub-recipients can apply for available funding until it is exhausted. UCP-TC was among the nonprofit organizations that submitted a request for funding. UCP-TC is proposing a continuation of their existing Home of Your Own (HOYO) program. This will allow UCP-TC, through housing counseling and homebuyer's assistance, to assist individuals and families with disabilities to become homeowners. In addition to homebuyer's assistance, UCP-TC will provide architectural barrier removal services, including ramps, widening doorways, and other home modifications for qualified households. UCP-TC will assist five households through the UCP-TC HOYO program to become homeowners. SUB-RECIPIENT: United Cerebral Palsy of Tarrant County SCOPE OF WORK: UCP-TC Home of your Own Program http://www.cfwnet.org/counci l_packet/R.eports/mc_print.asp 11/14/2003 Page 2 of 2 Programs Costs Homebuyer's Assistance and Housing Counseling $ 75,000 Architecture Barrier Removal $ 25,000 Program Operating Support $ 25,000 TOTAL $125,000 The above recommendations were approved by the Housing and Workforce Development Committee at their September 16, 2003 meeting. UCP--TC's proposed project is located in all COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 539120 005206846090 $125,000.00 GR76 539120 005206846060 $125,000.00 Submitted for City Manager's Office by: Reid Rector (6140) Originating Department Head: Jerome Walker (7537) Additional Information Contact: Jerome Walker (7537) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/14/2003